Sodium_Hypochlorite_Supply_(Addendum_#1_Revision).pdf

The City of Santa Fe (City), Central Purchasing Division (CPD)

INVITATION TO BID (ITB)

Sodium Hypochlorite Supply

ITB#: FY26-ITB-059

Table Of Contents

1. TERMS AND CONDITIONS

2. IMPORTANT BIDDING INFORMATION

3. STATEMENT OF WORK

4. SPECIFICATIONS

5. PRICE SCHEDULE

6. VENDOR QUESTIONNAIRE

7. ATTACHMENTS/PREFERENCE CERTIFICATE

8. PIGGYBACK CLAUSE

1. TERMS AND CONDITIONS

A. Variation in Quantity: No variation in the quantity of any item called for by this order will be accepted unless such variation has been caused by conditions of loading, shipping, packing, or allowances in the manufacturing process, and then only to the extent, if any, specified in this order.

B. City Furnished Property: City furnished property shall be returned to the City upon request in the same condition as received, except for ordinary wear, tear, and modifications ordered hereunder.

C. Discounts: Prompt payment discounts are welcome; however, they will not be considered in computing the low bid.

D. Inspection: Final inspection and acceptance will be made at the destination. Tangible Personal Property

(goods) rejected at the destination for nonconformance with specifications shall be removed at the

Contractor's risk and expense, promptly after notice of rejection.

E. Commercial Warranty: The Contractor agrees that the supplies or services furnished under the resultant contract shall be covered by the most favorable commercial warranties offered by the

Contractor. The rights and remedies provided herein shall extend to the City and are in addition to and do not limit any rights afforded to the City by any other clause of this order. Contractor agrees not to disclaim warranties of fitness for a particular purpose of merchantability.

F. Taxes: Price shall not include New Mexico State Business Tax Identification Number (NMBTIN)

(formerly known as gross receipts tax) or local option tax. Such tax or taxes shall be added at time of invoicing at current rate and shown as a separate item to be paid by the Requesting Department.

G. Packing, Shipping, and Invoicing: The Contractor shall ship in accordance with the following instructions: Shipment shall be made only against specific orders which the Requesting Department may place with the Contractor during the term. Delivery shall be made as indicated by the Requesting

Department. If contractor is unable to meet stated delivery the Requesting Department must be notified.

Freight/shipping costs shall be prepaid by the vendor, added at time of invoicing, and shown as a separate line item to be paid by user. Using agency shall only pay exact courier costs, without a markup.

1. The City’s Purchase Order/Contract number and the Contractor's name, Requesting Department's name and location shall be shown on each packing and delivery ticket, package, bill of lading, and other correspondence in connection with the shipments. The Requesting Department’s count will be accepted by the Contractor as final and conclusive on all shipments not accompanied by packing tickets.

2. The Contractor's invoice shall be submitted duly certified and shall contain the following information: order number, description of supplies or services, quantities, unit price and extended totals. Separate invoices shall be rendered for each complete shipment.

3. Invoices must be submitted to the Requesting Department and NOT to CPD.

H. Non-Collusion: In signing this ITB and/or submitting electronically, the Contractor certifies they have not, either directly or indirectly, entered into action in restraint of free competitive bidding in connection with the bid submitted to CPD.

I. Default: The City reserves the right to cancel all or any part of this order without cost to the City, if the

Contractor fails to meet the provisions of this order and, except as otherwise provided herein, to hold the

Contractor liable for any excess cost occasioned by the City due to the Contractor's default. The

Contractor shall not be liable for any excess costs if failure to perform the order arises out of causes beyond the control and without the fault or negligence of the Contractor, such causes include but are not restricted to, acts of God or the public enemy, acts of the City, State, or Federal Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather and defaults of subcontractors due to any of the above, unless the City shall determine that the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery scheduled. The rights of the City provided in this paragraph shall not be exclusive and are in addition to any other rights now being provided by law or under this order.

J. Nondiscrimination: Contractor doing business with the City must follow the Federal Civil Rights Act of 1964 and Title VII of the Act (Rev. 1979) and the Americans with Disabilities Act of 1990 (Public

Law 101-336).

K. Penalties: NMSA 1978, Sections 13-1-28 through 13-1-199, imposes civil and criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for bribes, gratuities, and kickbacks.

L. Payment Provisions: All payments under this Contract are subject to the following provisions.

1. Acceptance - In accordance with Section NMSA 1978, Section 13-1-158, the City shall determine if the product or services provided meet specifications. Until the products or services have been accepted in writing by the City, the City shall not pay for any products or services. Unless otherwise agreed upon between the City and the Contractor, within thirty (30) days from the date the City receives written notice from the Contractor that payment is requested for services or within thirty

(30) days from the receipt of products, the City shall issue a written certification (by letter or email) of complete or partial acceptance or rejection of the products or services. Unless the City gives notice of rejection within the specified time period, the products or services will be deemed to have been accepted.

2. Payment of Invoice - Upon acceptance that the products or services have been received and accepted, payment shall be tendered to the Contractor within thirty (30) days after the date of invoice. After the thirtieth day from the date that written certification of acceptance is issued, late payment charges shall be paid on the unpaid balance due on the contract to the Contractor at the rate of 1.5 % per month. Contractor may submit invoices for payment no more frequently than monthly.

Payment will be made to the Contractor's designated mailing address. Payment on each invoice shall be due within 30 days from the date of the acceptance of the invoice. The City agrees to pay in full the balance shown on each account’s statement, by the due date shown on said statement.

M. Items: All bid items are to be NEW and of most current production, unless otherwise specified.

N. Workers' Compensation: The Contractor agrees to comply with State laws and rules pertaining to

Workers' Compensation benefits for their employees. If the Contractor fails to comply with Workers'

Compensation Act and applicable rules when required to do so, this Contract may be terminated by the

City.

O. Contractor Personnel: Personnel proposed in the Contractor’s written bid to the Requesting

Department are considered material to any work performed under this Contract. Once a Purchase Order or contract has been executed, no changes of personnel will be made by the Contractor without prior written consent of the Requesting Department. Replacement of any Contractor personnel, if approved, shall be with personnel of equal ability, experience, and qualifications. The Contractor will be responsible for any expenses incurred in familiarizing the replacement personnel to insure their being productive to the project immediately upon receiving assignments. Approval of replacement personnel shall not be unreasonably withheld. The Requesting Department shall retain the right to request the removal of any of the Contractor’s personnel at any time.

P. Records and Audit: The Contractor shall maintain detailed time and expenditure records that indicate the date, time, nature, and cost of services rendered during this Contract’s term and effect and retain them for a period of three (3) years from the date of final payment under this Contract. The records shall be subject to inspection by the Requesting Department and the City. The Requesting Department shall have the right to audit billings, both before and after payment. Payment for services under this Contract shall not foreclose the right of the Requesting Department to recover excessive or illegal payments.

Q. Subcontracts: The foregoing requirements for Contractor Personnel, Subcontracting, and Audit shall be inserted into all subcontracts from the prime contractor to the subcontractor.

2. IMPORTANT BIDDING INFORMATION

2.1. ITB Access and Bid Submission

Solicitation packets are available in the OpenGov Procurement Portal at https://procurement.opengov.com/portal/santafenm.

(On the Project page, use the “Search” bar to find the ITB. Anyone may view the ITB without logging in, however, you must be a registered vendor and logged in, to “Create Bid.”)

It is the Bidder's responsibility to ensure all documents are completely uploaded and submitted electronically via the OpenGov Procurement Portal by the Bid due date and time. Such submissions will be considered sealed. Bidders must ensure their bids are correct, accurate, and correspond with any amendments before submission. Complete and submit all required documents, including specifications, supporting materials, certificates, pricing, etc., through OpenGov as per instructions to form a complete, responsive bid (NMSA

1978, Sections 13-1-82 through 13-1-84 and 13-1-133).

https://procurement.opengov.com/portal/santafenm https://procurement.opengov.com/portal/santafenm/projects/230585

Email: procurement-support@opengov.com if you’re having difficulty on the website.

• Procurement amendments are processed through OpenGov. If amendments (addenda) are processed, o before bids are submitted, ensure bids reflect the amendments;

o after bids are submitted, bidders must update the bid by clicking “modify” and updating the associated area(s)* to ensure bid reflects the amendment.

▪ *Bidders must replace the previously submitted documents if the amendment affects uploaded documents.

• Bidders must ensure adequate time is allowed for large uploads and to fully complete bid submittal by the deadline. Bids that are not both: (1) fully complete; and (2) received, by the deadline, will be deemed late. Further, bids that are not received by the deadline because the response was captured, blocked, filtered, quarantined, or otherwise prevented from reaching the proper destination server by any anti-virus or other security software will be deemed late.

LATE BIDS WILL NOT BE ACCEPTED. OpenGov will not allow late submissions. The OpenGov system will be the official time for responses to be submitted.

Individuals that require accommodation may contact the CPO or designee at least five (5) working days prior to the scheduled Bid Opening.

Kathy Sanchez, Procurement Officer City of Santa Fe kssanchez@santafenm.gov

Any inquiries or requests regarding this procurement should be submitted, in writing, to the OpenGov

Procurement Portal: https://procurement.opengov.com/portal/santafenm/projects/230585

Bidders may contact ONLY the Department Contact and the CPD regarding this procurement and its terminology via the OpenGov Procurement Portal. Answers and information provided by any other city employees shall not be considered official.

Protests must be submitted in writing to the City of Santa Fe's CPO, who is the sole authority for protest review and determination per NMSA 1978, Section 13-1-172 and the Procurement Manual Section Y.

Only timely, written protests delivered directly to the CPO will be considered properly submitted.

Bidders shall promptly notify CPD – purchasing_ITB@santafenm.gov of any ambiguity, inconsistency, or error which they may discover upon examination of this ITB. Any response made by the City will be provided in writing to all potential bidders by way of addenda or Questions and Answers, verbal responses shall not be considered official.

2.2. Resident and Local Preference

The City of Santa Fe may apply either of two bid preferences in the ITB process:

A. Local Business Preference – City of Santa Fe

B. Resident Business Preference – State of New Mexico (when the Public Works statutes apply) https://procurement.opengov.com/portal/santafenm/projects/230585 mailto:purchasing_ITB@santafenm.gov

Preferences do not apply to purchases made with federal grant funds.

Local Business Preference – City of Santa Fe

The City will apply the following preferences during the ITB evaluation:

• 3% preference: Bidder is a resident business (with a valid certificate and located within Santa Fe city limits)

• 6% preference: Bidder is a resident business and includes resident business subcontractors

• 3% preference: Bidder is a non-resident business that uses only resident business subcontractors

For bids over $1,000,000, at least 50% of subcontracted work must go to resident businesses in order to qualify for the 3% or 6% preference.

To qualify for any local preference:

• Bidder must submit a valid Resident Business Certificate issued by the New Mexico Taxation &

Revenue Department

• The certificate must show a business address within Santa Fe city limits

• Subcontractor relationships must be clearly described in the bid

The maximum local preference allowed is 6%

Resident Business Preference – State of New Mexico

(Applies only when the Public Works statute — NMSA 1978, Section 13-4 et seq. — applies.)

If applicable, the following state-level preferences may be applied:

• 8% preference: Resident Contractor or Native American Resident Contractor

• 10% preference: Resident Veteran Contractor or Native American Resident Veteran Contractor (must have less than $6 million in gross revenue in the previous tax year)

To qualify:

• Bidder must submit a valid Resident Business Certificate issued by the New Mexico Taxation &

Revenue Department

A bidder may not receive both a resident and a resident veteran preference.

2.3. City of Santa Vendor Access

Awarded Vendor(s) will be required to register and maintain their profile at https://cityofsantafenm.tylerportico.com/va/vendor-access. Please contact the City of Santa Vendor Registration at venreg@santafenm.gov if you have questions about this process.

2.4. Bid Opening

https://cityofsantafenm.tylerportico.com/va/vendor-access mailto:venreg@santafenm.gov

Bid opening will be conducted via Microsoft Teams as follows:

Date: Friday, February 27, 2026

Time: 2:00 pm Mountain S/D Time (US and Canada)

Web Address: Link to Microsoft Teams Bid Opening

2.5. Rejection of Bids

The CPO or designee shall have the right to reject any or all bids, and to reject a bid not accompanied by the data required by this ITB, or a bid which is in any way incomplete or irregular.

2.6. Brand Name or Equal, NMSA 1978, Section 13-1-34

Where a brand name or equal is indicated, it is for the purpose of describing the standard of quality, performance, and characteristics desired and is not intended to restrict competition.

If bidding “equivalent” bidders must be prepared to furnish “complete data” upon request, preferably with bid, to avoid delay in award.

2.7. Brand Name Specifications, NMSA 1978, Section 13-1-33

May be authorized ONLY if required to match existing equipment and is determined by the CPO, to be in the best interest of the City.

2.8. Prohibit Bidding

If any Bidder is of the opinion that the specifications as written preclude them from submitting a bid on this

ITB, it is requested that his opinion be made known to the CPO or designee, in writing, at least seven (7) days prior to the bid opening date.

2.9. Responsible Bidder

Bidders must, upon request of the CPO or designee, provide information and data to prove that the financial resources, production of service facilities, service reputation and experience are adequate to make satisfactory delivery of the materials and/or services. During the course of the contract, the CPO, designee, and Department

Contact reserves the right to require a Bidder to furnish a Performance Bond prior to award, where the Bidder is unable to furnish the required information or data, or for other reasons which would ensure and insure proper performance by the Bidder.

2.10. Bid Tabulations

If applicable, bid tabs will be created by and available on the OpenGov Procurement Portal after the Bid

Opening Date.

To avoid errors or misunderstandings, bids must be acuratly typed in the OpenGov (PRICE SCHEDULE). Any corrections or changes must be made in OpenGov before the scheduled Bid Opening date and time. Failure to do so may result in rejection of the bid. Modifications must occur before the scheduled bid opening for consideration; no bid modifications allowed post-opening. Bidders reporting mistakes may withdraw bids prior to the submission due date.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_YWFjZmRiZDYtYzlkOC00ZDA4LWJkMzMtY2Y5MmFlNWY5ZGIw%40thread.v2/0?context=%7b%22Tid%22%3a%2277b69f5a-55ed-4363-8616-4867b0bc707f%22%2c%22Oid%22%3a%221a05b75d-789e-4d46-849e-c34d09c04400%22%7d https://procurement.opengov.com/portal/santafenm/projects/230585/document?section=2187291

Awards will be made to the lowest responsive and responsible bidder as determined by an evaluation of pricing in accordance with the specifications, terms, and conditions of this solicitation. Pricing may be evaluated in a manner that best reflects industry standards and the operational needs of the City, including but not limited to unit pricing, extended pricing, estimated usage, historical usage, anticipated demand, total cost of ownership, and lifecycle costs.

The City may evaluate items individually or in the aggregate and may consider extended quantities over the anticipated contract term where usage varies by item. Certain items may be required in high volumes while others may be needed in limited quantities, and evaluation may reflect these differences to determine the overall best value to the City.

The City reserves the right to award the entire bid, by groups, by individual items, or by any combination thereof, as determined to be in the best interest of the City.

CPO may waive irregularities and recommend award serving City's best interest.

F.O.B. Destination requires delivery to the department location before ownership transfers. Any exception may deem bid non-responsive.

Visit the linked website for instructions (search vendor guides):

https://opengov.my.site.com/support/s/procurement

2.11. Living Wage or Minimum Wage

Compliance with the City of Santa Fe and Santa Fe County’s Living Wage or Minimum Wage Rate Ordinances.

The vendor must comply with the current living wage rate and requirements https://santafenm.gov/search-results?keywords=living+wage .

3. STATEMENT OF WORK

3.1. Schedule of Events

Issue ITB: February 4, 2026

Pre-Bid Meeting (Non-Mandatory): February 11, 2026, 2:00pm https://teams.microsoft.com/meet/28109962132944?

p=ZEHGnDDkY8B2yJu89d

Bids Due Date: February 27, 2026, 2:00pm https://teams.microsoft.com/meet/263489892392?p=

Spy25c

3.2. Orders and Purchase Orders (POs):

Under the terms and conditions of this Invitation to Bid (ITB) and any resulting contract, the City may issue

Purchase Orders (POs) for the items and/or services described herein. All terms, conditions, specifications, and pricing set forth in the ITB and resulting contract are incorporated by reference and shall govern each order issued.

https://opengov.my.site.com/support/s/procurement https://santafenm.gov/search-results?keywords=living+wage https://santafenm.gov/search-results?keywords=living+wage https://teams.microsoft.com/meet/28109962132944?p=ZEHGnDDkY8B2yJu89d https://teams.microsoft.com/meet/28109962132944?p=ZEHGnDDkY8B2yJu89d https://teams.microsoft.com/meet/263489892392?p=Spy25c https://teams.microsoft.com/meet/263489892392?p=Spy25c

Items and/or services shall be ordered in accordance with the Price Schedule. Each order issued under this contract shall reference both an order number and an authorized City PO number.

Only written PO issued and signed by the City are valid and binding. Vendors shall not provide goods or perform services without a valid, authorized PO. Vendors are responsible for ensuring that the PO expiration date, when applicable, remains current and in effect for the duration of any services and/or delivery of goods.

City POs generally expire on June 30 of each fiscal year; vendors must obtain a new, valid PO prior to continuing work beyond the expiration date.

Items and/or services furnished under this contract shall conform to all applicable specifications, requirements, and drawings associated with the Price Schedule. Orders may identify items by reference to item numbers, descriptions, and pricing and may not fully restate all specifications; however, all applicable requirements of the

ITB and resulting contract remain in effect.

3.3. Term

The term of the subsequent contract shall be awarded for four (4) years from the date of final approval signature. This Contract shall not exceed four (4) years.

3.4. Pricing and Price Adjustments

The awarded vendor shall maintain fixed pricing for each contract year. Pricing may be adjusted no more than once per contract year and only through a written amendment mutually agreed upon by the City and the vendor.

Approval of any price increase is not effective unless and until a written contract amendment is fully executed by the City. Vendors shall not invoice, charge, or receive payment at any increased pricing before the effective date of the executed amendment.

All requests for price increases must be submitted in writing to the City of Santa Fe through the designated department contact and must be supported by verifiable documentation demonstrating that the requested increase is the direct result of demonstrable market changes impacting the vendor’s cost of goods. Requests must clearly identify and itemize each proposed increase by contract line item.

The City reserves the right to independently verify and evaluate the basis for any requested price increase, including conducting market research, benchmarking against comparable contracts, reviewing cooperative or governmental pricing, and evaluating publicly available or commercial market data. The City is not obligated to rely solely on documentation submitted by the vendor.

Supporting documentation shall be subject to review and approval by the City. The City’s determination regarding the sufficiency, accuracy, and acceptability of documentation and market justification shall be final and binding.

Requested price increases exceeding ten percent (10%) per line item might not be accepted. No approved price increase shall result in an increase to the vendor’s profit margin. Approved pricing adjustments shall apply only to purchase orders issued on or after the effective date of the executed contract amendment. Price increases shall not be retroactive and shall not apply to existing orders or backorders. Orders shall be fulfilled at the pricing in effect at the time the order is received by the vendor.

In the event the vendor’s pricing is reduced for any reason during the contract term, the City shall receive the benefit of such price reductions immediately.

PRICE INCREASE REQUEST REQUIREMENTS:

To facilitate prompt review, all price increase requests must include, at a minimum, the following information:

• Contract item number

• Current item price

• Proposed new item price

• Percentage of increase

• Manufacturer or supplier documentation indicating the percentage and reason for the increase

3.5. Insurance Requirements

The awarded contractor shall procure and maintain, at the contractor’s sole expense, all insurance required by this solicitation and contract, as well as any additional types of insurance that are customary, standard, or reasonably required within the contractor’s industry for the performance of the services or delivery of goods under this contract. The contractor represents and warrants that it is knowledgeable of and complies with all insurance requirements applicable to its industry and scope of work. The City’s failure to specify a particular type of insurance shall not relieve the contractor of responsibility for maintaining appropriate industry-standard coverage.

All insurance shall be issued by insurance companies authorized to do business in the State of New Mexico and shall cover all operations performed under the contract, whether conducted by the contractor, its officers, agents, employees, or subcontractors. The contractor shall require all subcontractors to maintain insurance consistent with these requirements and is responsible for verifying compliance.

All required insurance shall remain in full force and effect for the entire term of the contract, including any extensions, and through final acceptance of the work, as well as the removal of all equipment, personnel, agents, and subcontractors from City premises.

The awarded contractor shall name the City of Santa Fe, its officers, officials, employees, and volunteers as

Additional Insureds on all required liability insurance policies, except where prohibited by law. Coverage afforded to the City shall be primary and non-contributory with respect to any insurance carried by the City.

Within a reasonable time after notification of tentative award, and prior to contract execution or commencement of any work, the contractor shall provide the City with certificates of insurance and required endorsements evidencing compliance with all insurance requirements of this solicitation and contract. Such documentation shall be provided promptly upon request and shall be subject to review and approval by the City. Failure to provide acceptable proof of insurance in a timely manner may result in withdrawal of the tentative award or delay in contract execution, at the City’s sole discretion.

The City reserves the right, at any time during the contract term, to require the contractor to provide evidence of additional insurance coverage determined by the City to be reasonably necessary based on the nature of the work, changes in scope, or identified risk exposures. The City may independently verify compliance, including conducting research or benchmarking against industry standards.

All insurance policies shall provide that coverage shall not be canceled, materially reduced, or allowed to expire without at least thirty (30) days’ prior written notice to the City.

The procurement and maintenance of insurance by the contractor shall not be construed as limiting the contractor’s liability or obligations under the contract.

3.6. Conditions

The conditions and specifications set out in this ITB are inseparable and indivisible. Any Bidder, by submitting a bid, agrees to be bound by all such conditions and/or specifications. All conditions and specifications in the

ITB, and all other documents required to be submitted, shall be submitted by the Bidder in their bid package.

Failure to do so or any attempt to vary or change the conditions or specifications of the ITB shall, at the discretion of the City of Santa Fe, constitute grounds for rejection of the entire bid.

3.7. Total Compensation

The prices quoted herein represent the total compensation to be paid by the City of Santa Fe for goods and/or services provided. It is understood that the Bidder providing said goods and/or services to the City of Santa Fe is responsible for payment of all costs of labor, equipment, tools, materials, federal taxes, permits, licenses, fees, travel/lodging and any other items necessary to complete the work provided. The prices quoted in this Contract include an amount sufficient to cover such costs. When bidding, enter the amounts for the respective bid item unit prices to a maximum of three (3) decimal places.

The Awarded Contractor shall be considered an independent entity and not an employee of the City of Santa Fe.

The Department shall provide directions regarding the time and place of performance and compliance with rules and regulations required by this Contract.

All interested Bidders, at a minimum, must be able to provide the products and/or services identified within the scope of work of this ITB.

IMPORTANT: NO ADDITIONAL TERMS AND/OR CONDITIONS WILL BE ACCEPTED

4. SPECIFICATIONS

4.1. Supply and Delivery of Sodium Hypochlorite

Sodium Hypochlorite Solution Product Specifications:

1. TRADE NAME: 12.5% Sodium Hypochlorite Solution

2. CONCENTRATION ACCEPTABLE: 12.5% MINIMUM Percent by weight (15.0% Trade Percent 15.6%

MAXIMUM Percent by weight (20.0%Trade Percent)

3. CHEMICAL FORMULA: NaOCl

4. MOLECULAR WEIGHT: 74.45

5. APPEARANCE: Clear, light yellow-green liquid

6. pH: 11.2 Minimum

7. SPECIFIC GRAVITY: 1.20 (Minimum); 1.25 (Maximum)

8. FREEZING POINT: <10 deg. F

9. SOLUTION WEIGHT: 10.0 to 10.4 pounds per gallon

10. Product must be filtered and be able to offload through 40-mesh strainer

11. INSOLUBLE MATTER: Maximum of 30 mg/L retained on 0.45µm filter according to Standard Methods for the Examination of Water and Wastewater 2540 D

12. SODIUM HYDROXIDE: 1.5% by weight, maximum

13. COPPER (Cu): 0.5 ppm, maximum

14. NICKEL (Ni): 0.5 ppm, maximum

15. IRON (Fe): 1.0 ppm, maximum

SPECIAL TERMS AND CONDITIONS:

1. If Supplier is awarded the Contract, City will purchase sodium hypochlorite solution from Supplier for use at

City's Paseo Real Wastewater Reclamation Facility, 73 Paseo Real, Santa Fe, NM 87507.

2. Ordering/Shipments:

A. City will order shipments of sodium hypochlorite solution from Supplier by email (Order), which

Supplier will acknowledge by replying to the email. Supplier will comply with City's instructions concerning quantity, delivery date, and delivery location in the Order. Supplier will make all deliveries between 7:00 a.m. and 4:00 p.m., Monday through Friday (normal delivery hours) unless otherwise requested and approved by City.

B. Supplier will not be required to deliver more than 4,500 gallon within 48 hours of City's Order unless

City is experiencing an emergency that can be resolved with sodium hypochlorite (Emergency). If City is experiencing an Emergency, City will order a shipment by phone, followed by a confirming email

(Emergency Order), and Supplier will deliver sodium hypochlorite to City within 24 hours of City’s

Emergency Order.

C. City may refuse a shipment, at no cost to City, if the sodium hypochlorite product does not meet the specifications or if the shipment arrives before or after the date set forth in the Order instructions.

3. During off-loading work, Supplier will park Supplier's delivery vehicle in the location provided for that purpose by City. Supplier will not park Supplier's vehicle in other locations. Supplier will follow City's procedures for off-loading chemicals, as instructed.

4. Supplier's off-loading equipment will be compatible with City's chemical storage equipment. Supplier will not connect Supplier’s off-loading hose or other off-loading device to City’s sodium hypochlorite solution storage tank without the presence of an authorized City representative at the point of connection. Supplier will not begin offloading sodium hypochlorite solution until Supplier and City’s representative have jointly confirmed that the sodium hypochlorite solution will be off-loaded into sodium hypochlorite solution totes or storage tanks, as directed. Supplier will be responsible for all damages arising out of the improper offloading of sodium hypochlorite solution, including spillage and any delivery to the wrong storage tank.

5. Supplier will plug, cap, blind-flange or contain all discharge connections and hose ends to prevent any spillage of sodium hypochlorite solution. Supplier will be responsible for the cleanup and removal from City's premises of all spillage, contaminated matter and contaminated cleanup material. City will notify Supplier of all spillage, contaminated matter and contaminated cleanup material not cleaned up and removed by Supplier's truck driver. If Supplier does not clean up and remove all spillage, contaminated matter and contaminated cleanup material from City's premises within four hours of City's notification, City will clean up and remove the spillage, contaminated matter and contaminated cleanup material and Supplier will reimburse City for the entire cost of cleanup. City may deduct the cleanup costs from amounts owed to Supplier.

6. Supplier will mail, fax or e-mail an Affidavit of Compliance with the specification information listed below for each delivery. The Affidavit will be delivered to City within seven calendar days of City’s receipt of the delivery to which it refers. Supplier will inform City prior to commencing deliveries of the identity of

Supplier’s personnel who will be authorized to sign the Affidavit. The Affidavit will contain the following:

Sodium hypochlorite solution

A. Percent by Weight (NaOCl) or Percent by Weight (Available Cl2)

B. Specific Weight of Solution, lb./gal.

C. Date of Shipment

7. Each quarter, Supplier will test at least one sample of the sodium hypochlorite solution delivered to City. On or before the last day of each quarter, Supplier will provide a quarterly batch analysis laboratory report to City that identifies the amounts of the items listed below in the sample of sodium hypochlorite solution. The report will be delivered with an invoice. Supplier will inform City prior to commencing deliveries of the identity of

Supplier’s personnel who will be authorized to sign the report.

The report will contain the following:

A. Percent by Weight (NaOCl) or Percent by Weight (Available C12)

B. Copper

C. Iron

D. Nickel

E. pH

F. Free Alkali (expressed as % NaOH)

G. Insoluble Matter (% by weight)

H. Specific Weight of Solution, lb./gal.

I. Date of Shipment

8. Supplier will provide City with a telephone number where City can either communicate with Supplier or leave messages at all times. Supplier will return all calls no later than two hours after City leaves a message.

9. Supplier warrants that Supplier's product will meet City's specifications. City will have the right to test

Supplier's product at any time. Supplier will provide a sample from a delivered quantity of sodium hypochlorite solution at City's request. If Supplier's Affidavit of Compliance or laboratory report or City's tests indicate that

Supplier's product does not meet City's specifications, City will have the right to require Supplier to pay for the testing of the sodium hypochlorite solution and Supplier will not charge City for the load tested. The foregoing will not be construed to limit City's legal rights if Supplier breaches a warranty.

10. Supplier will ensure that Supplier's subcontractors, including delivery contractors and delivery truck drivers, have read and understand these specifications.

11. City has the right to reject Supplier’s invoices that reflect pricing higher than the price bid.

12. Supplier will send a current Safety Data Sheet (SDS) for the sodium hypochlorite solution by email to safetyteam@cleanwaterservices.org prior to commencing deliveries. Supplier will send a new SDS to City each time the SDS is updated

5. PRICE SCHEDULE

Line Item Description Quantity Unit of Measure Unit Cost Total

1 Sodium

Hypochlorite, Bulk

Delivery, FOB City

Storage Tank – Unit

Price Per Gallon

(Base tier: 0–4,999 gallons per delivery)

1 Gallon

2 Sodium

Hypochlorite, Bulk

Delivery, FOB City

Storage Tank – Unit

Price Per Gallon

(Tier 1: 5,000–9,999 gallons per delivery).

5,000 Gallon

3 Sodium

Hypochlorite, Bulk

Delivery, FOB City

Storage Tank – Unit

Price Per Gallon

(Tier 2: 10,000 gallons or more per delivery).

10,000 Gallon

4 Bulk Delivery

Surcharge/Credit, if any, for Deliveries

Under Minimum

Drop Size (per delivery).

1 Each

Line Item Description Quantity Unit of Measure Unit Cost Total

5 Delivery Charge for

Off-schedule or

Emergency

Deliveries (per delivery)

1 Each

6 Delivery Charge for

Refilling Totes at

Site (Approx. 20 totes)

1 Each

TOTAL

6. VENDOR QUESTIONNAIRE

1. Financial Interest*

All Bidders must notify the CPO or designee if any employee(s) of the requesting Department or CPD have a financial interest in the Bidder.

☐ Yes

☐ No

*Response required

When equals "Yes"

1.1. Specify by name*

*Response required

2. NM Gross Receipts Tax # (NMBTIN)*

*Response required

3. Payment Terms* typically, Net 30. Discount provided if paid earlier than 30 days:

(Discount will not be considered in computing the low bid, see “Terms and Conditions”)

*Response required

4. Contractor's Delivery*

How long will it take to deliver the product after receipt of order? (May be considered in the award)

*Response required

5. Preference*

Upload Preference Certificate

*Response required

8. PIGGYBACK CLAUSE

This Contract may be utilized by any entity or organization legally authorized to do so, subject to the prior written approval of the City's Chief Procurement Officer. Eligible entities include, but are not limited to, all agencies, commissions, institutions, political subdivisions, and local public bodies. Any such use of this

Contract shall be in accordance with all applicable laws, regulations, and procurement requirements. The

Contractor shall honor all orders placed by authorized entities under the terms and conditions of this Contract.