SPECIFICATIONS FOR FURNISHING LIQUID SODIUM BISULFITE (25% CONCENTRATION) DURING FY

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1 DISTRICT BOARD Megan Clark Russ Greenfield Larry Loder Craig K. Murray Judy Schriebman DISTRICT ADMINISTRATION Mark R. Williams, General Manager Michael Cortez, District Engineer Janice Mandler, Collection System/Safety Manager Susan McGuire, Administrative Services Manager Mark Von Aspern, Plant Manager SPECIFICATIONS FOR FURNISHING LIQUID SODIUM BISULFITE (25% CONCENTRATION) DURING FY SECTION 1 ACCEPTANCE OF BID: It shall be understood that bids shall remain open for acceptance and shall not be withdrawn for a period of thirty (30) days from the date of opening. Official notification of acceptance of a bid by the Las Gallinas Valley Sanitary District Board of Directors and acknowledgement via General Manager s signature shall constitute an agreement and no formal contract will be executed. SECTION 2 BID PRICE: The bid price shall include all costs of manufacturing and delivery to the specified point of unloading, including placement in a specified location. All use taxes, and other taxes, fees and licenses shall also be included in the bid price. Applicable sales tax shall be included in the bid price. Bidders shall be bound by the price listed on the Bid Form for the duration of this agreement period. SECTION 3 INSURANCE COVERAGE: The delivery of liquid sodium bisulfite (25% concentration) to the District in accordance with these specifications shall be understood to be the responsibility of the supplier, and the supplier shall maintain adequate insurance coverage to protect the District, its officers, agents, and employees from any claims for damages resulting from the delivery of liquid sodium bisulfite (25% concentration) to the District. Prior to the first delivery, supplier shall provide a certificate of insurance showing limits of coverage and naming the District, its officers, agents, and employees as additional insured s and according to provisions as outlined in Exhibit A. SECTION 4 DELIVERIES: The supplier shall furnish liquid sodium bisulfite (25% concentration) in the approximate quantity set forth herein, based upon orders from the General Manager, Plant Manager or Treatment Plant Operator. Deliveries shall be made within two (2) calendar days after receipt of order. Deliveries shall be made to the Las Gallinas Valley Sanitary District Treatment Plant, 300 Smith Ranch Road, San Rafael, California, between the hours of 7:00 a.m. to 2:00 p.m., Monday through Friday unless emergency weekend delivery is requested. The liquid sodium bisulfite (25% concentration) shall be unloaded at a location specified by the General Manager, Plant Manager or Treatment Plant Operator.

2 Page 2 of 7 All shipments of Sodium Bisulfite will be rejected without the following: 1. Bill of Lading 2. Certified Analysis indicating Sodium Bisulfite 3. Weighmaster s certificate of weight 4. Applicable regulatory documents SECTION 5 BULK CHEMICAL UNLOADING REQUIREMENTS: Delivery drivers are to follow the Las Gallinas Valley Sanitary District s Bulk Chemical Delivery policy. This policy includes the requirement for delivery drivers to sign-in and sign-out at the main office and a District employee is to be present prior to connection and disconnection of the District s chemical delivery connection facilities. Delivery Drivers are to furnish and use at a minimum the following equipment when unloading bulk chemicals: Splash goggles Hard hat with face shield Chemical gloves Chemical apron Rubber boots Tire chocks SECTION 6 QUANTITIES: Liquid sodium bisulfite (25% concentration) shall be furnished in one (1) truck load for deliveries less than four thousand eight hundred (4,800) gallons. It is estimated that the District will require a total of twenty-eight thousand (28,000) gallons during the twelve month period. This estimate is approximate only and it is understood that the supplier shall be required to supply whatever quantity may be needed at the quoted price, whether more or less than the amount estimated. The Supplier shall furnish the Wastewater Treatment Plant Manager (or his delegate) a legible copy of a licensed weighmaster's certificate showing gross, tare and net weight of each truckload of material. SECTION 7 PAYMENT: Payment for liquid sodium bisulfite (25% concentration) will be made within seven (7) days following a regularly scheduled Board meeting of the Las Gallinas Valley Sanitary District Board of Directors after receipt of invoice and material delivered from the supplier. SECTION 8 GUARANTEE: The supplier guarantees that all materials furnished by it will be of the best class available, that deliveries will be performed in the best approved manner, and that both delivery and materials will meet fully the requirements of these specifications. Failure of the supplier to meet any of the requirements of these specifications shall be sufficient grounds for immediate cancellation of the purchase agreement, and the District may thereupon effect said cancellation by giving written notice to the supplier.

3 Page 3 of 7 SECTION 9 LIQUID SODIUM BISULFITE QUALITY: Liquid sodium bisulfite to be supplied shall be 25% concentration, shall meet the latest requirements of AWWA Standards for Liquid Sodium Bisulfite and shall be suitable for use in wastewater treatment. A certificate of analysis shall be delivered to the Wastewater Treatment Plant Manager (or his delegate) at the job site upon delivery and before off-loading of the material. SECTION 10 - SAFETY REQUIREMENTS AND TRAINING Supplier shall provide written instructions regarding the recommended methods for cleaning up the chemicals in the event of spills. Such instructions shall include any recommended absorbents or chemicals to be used for neutralization, if applicable, and recommended tests to be performed, such as ph, to ascertain the effectiveness of the neutralization. These instructions will be used by wastewater treatment plant personnel in cleaning up small spills associated with leaks in pumps, valves and other appurtenances. Contractor shall provide one (1) classroom session annually encompassing a minimum of two hours of instruction at the wastewater treatment plant concerning manufacture, chemical properties, transport, safe handling and use of the chemicals being provided by Supplier. Supplier shall provide for all costs associated with this training. Each bidder must furnish a copy of a completed M.S.D.S. (Material Safety Data Sheet) with its bid and annually thereafter. Failure to furnish a completed M.S.D.S. form will result in rejection of the bid. The District also requires the M.S.D.S. to be sent to the receiving location if the product supplied is considered to be a hazardous substance. All City, County, State, or Federal requirements for hazardous substances must be strictly adhered to. * * * * * * * * * *

4 Page 4 of 7 Exhibit A. Insurance Requirements Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees, or subcontractors. With respect to General Liability, Errors & Omissions, Contractors Pollution Liability, and/or Asbestos Pollution Liability, coverage should be maintained for a minimum of five (5) years after contract completion. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG covering CGL on an occurrence basis, including products-completed operations, property damage, bodily injury, & personal injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering any auto (Code 1), or if Contractor has no owned autos, hired (Code 8) and non-owned (Code 9) autos, with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers Compensation insurance as required by the State of California, with Statutory Limits, and Employer s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year, Deductible and Self Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the Entity. At the option of the Entity, the Contractor shall provide coverage to reduce or eliminate such deductibles or self-insured retentions as respects the Entity, its officers, officials, employees, and volunteers; or the Contractor shall provide evidence satisfactory to the Entity guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Other Insurance Provisions A. The General Liability, Automobile Liability, Contractors Pollution Liability, and/or Asbestos Pollution policies are to contain, or be endorsed to contain, the following provisions: 1. The Entity, its officers, officials, employees, and volunteers are to be covered as insured s with respect to liability arising out of automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be Exhibit A Insurance Requirements

5 Page 5 of 7 provided in the form of an endorsement to the Contractor s insurance (at least as broad as ISO Form CG 20 10, or both CG and CG forms if later revisions used). 2. For any claims related to this project, the Contractor s insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, agents, or volunteers shall be excess of the Contractor s insurance and shall not contribute with it. 3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled except after thirty (30) days prior written notice has been given to the Entity. B. The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering materials to be transported by Contractor pursuant to the contract. This coverage may also be provided on the Contractors Pollution Liability policy. C. If General Liability, Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions coverages are written on a claims-made form: 1. The retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work. 4. A copy of the claims reporting requirements must be submitted to the Entity for review. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:VII if admitted in the State of California. If Contractors Pollution Liability, Asbestos Pollution and/or Errors & Omissions coverages are not available from an admitted insurer, the coverage may be written by a non-admitted insurance company. A non-admitted company should have an A.M. Best rating of A:X or higher. Exception may be made for the California State Compensation Insurance Fund if not rated. Verification of Coverage Contractor shall furnish the Entity with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the Entity before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Exhibit A Insurance Requirements

6 Page 6 of 7 Waiver of Subrogation Contractor hereby grants to Entity a waiver of subrogation which any insurer may acquire against Entity, its officers, officials, employees, and volunteers, from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. The Workers Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents, and subcontractors. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. Special Risks or Circumstances Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Exhibit A Insurance Requirements

7 Page 7 of 7 LAS GALLINAS VALLEY SANITARY DISTRICT B I D F O R M FOR FURNISHING LIQUID SODIUM BISULFITE (25% CONCENTRATION) DURING THE TWELVE MONTH PERIOD JULY 1, 2011 THROUGH JUNE 30, 2012 The undersigned, as bidder, declares that he/she has examined thoroughly the attached SPECIFICATIONS AND NOTICE INVITING SEALED BIDS, and that he/she hereby agrees, if this bid is accepted, to furnish liquid sodium bisulfite (25% concentration) to the Las Gallinas Valley Sanitary District in accordance with said Specifications and Notice for the following unit prices, ($ ) per gallon, including ALL applicable taxes, costs and fees. AGREEMENT PERIOD DESCRIPTION UNIT (GALLON) PRICE PER GALLON July 1, 2012 to June 30, 2013 Sodium Bisulfite 28,000 gals $ $ Sales 8.5% Total $ TOTAL Bidder agrees to furnish loads in the following size range at the quoted price: Minimum 2,500 gallons Maximum 4,800 gallons If the District requests a delivery of less than 2,500 (two thousand-five hundred) gallons, the bidder may furnish the sodium bisulfite at market price, not to exceed 125% of the contractual price. Bidder encloses a Material Safety Data Sheet (M.S.D.S) and copy of its insurance certificate with bid. Successful Bidder will provide insurance compliance documents per Exhibit A within 30 days of Award and prior to first delivery. DATED: Signature of Bidder Print Name and Title NAME AND ADDRESS OF ORGANIZATION: Telephone Fax Accepted: Per Board Action on: By: Mark R. Williams, General Manager Date Bid Form