Request for id for 2020 hemical Services

Request for Bid for

2020 Chemical Services

PROPOSALS DUE: 2:00 P.M., MARCH 13, 2020

2020 Chemical Services RFB

i

TABLE OF CONTENTS

ESTIMATED QUANTITES TO BE USED 2020 – 2021 ................................................... 1

2020 – 2021 BID FORM .................................................................................................. 2

BID BOND REQUIREMENT ........................................................................................... 3

BIDDER’S BOND ............................................................................................................ 4

SPECIFICATIONS – LIQUID ALUM ................................................................................ 7

SPECIFICATIONS – LIQUID CATIONIC POLYMER .................................................... 13

SPECIFICATIONS – LIQUID CAUSTIC SODA ............................................................. 18

SPECIFICATIONS – LIQUID CHLORINE ..................................................................... 23

SPECIFICATIONS – LIQUID POLYALUMINUM CHLORIDE (PACl) ............................ 28

SPECIFICATIONS – ALUMINUM CHLOROHYDRATE BLEND (ACH/P) ..................... 33

CHEMICAL VENDOR AGREEMENT ............................................................................ 38

GENERAL CONDITIONS .............................................................................................. 41

PUBLIC NOTICE ........................................................................................................... 45

PLAN VIEW MAP .......................................................................................................... 47


1

STOCKTON EAST WATER DISTRICT

ESTIMATED QUANTITES TO BE USED

2020 – 2021

Estimated Quantities To Be Used: 5% Acidified Alum (dry wt.): Minimum 450 tons Maximum 650 tons Liquid Cationic Polymer (liquid wt.): Minimum 70 tons Maximum 140 tons Liquid Caustic Soda 25% (dry wt.): Minimum 200 tons Maximum 300 tons Liquid Chlorine (in one ton cylinders): Minimum 75 tons Maximum 120 tons Liquid Polyaluminum Chloride (PACl) (liquid wt.): Minimum 75 tons Maximum 250 tons Aluminum Chlorohydrate Blend (ACH/P) (liquid wt.): Minimum 75 tons Maximum 250 tons


2

STOCKTON EAST WATER DISTRICT BID FORM

2020 – 2021

A. Liquid Chlorine (Ton cylinders) Deposit charge per cylinder $________________________ Demurrage charge per cylinder (after 180 days) $________________________

* Price per ton delivered $________________________ B. Liquid Alum * Price per dry ton delivered $________________________

B.1 5% Acidified Alum Option

* Price per dry ton delivered $________________________ C. (25%) Caustic Soda * Price per dry ton delivered $________________________ D. Cationic Polymer * Price per ton delivered $________________________ E. Poly Aluminum Chloride (PACl) * Price per ton delivered $________________________ F. Aluminum Chlorohydrate Blend (ACH/P)

*Price per ton delivered $________________________ * Includes all fees and any supplemental charges which may be incurred during the 2020–2021 Bid year.

A separate Bid Form must be used for each chemical, if you are submitting a bid for multiple chemicals. REVIEWED PRODUCT SPECIFICATIONS AND AUTHORIZED TO BID FOR MANUFACTURER/SUPPLIER: _________________________ SIGNATURE: _________________________ DATE: _________________________


3

BID BOND REQUIREMENT

1. Bid Guarantee

All bids must be sealed and accompanied by cash, cashier’s check, certified check, or Bid Bond made payable to the District in the sum of not less than ten percent (10%) of the amount of the bid. A bid will not be considered unless one of the forms of Bidder’s security is enclosed with it. The Attorney-in-Fact (resident agent) who executes the Bid Bond on behalf of the surety company must attach a copy of its Power of Attorney as evidence of its authority. A notary shall acknowledge the power as of the date of execution of the surety bond, which it covers. All bonds are to be secured from a surety company acceptable to the District and that meets all of the State of California bonding requirements, as defined in Code of Civil Procedure section 995.120, and is authorized by the State of California, and all documents required by Code of Civil Procedure section 995.660, to the extent required by law. The District will return all Bid Bonds to bidders who were not awarded Contract’s after April 15, 2020.


4

BIDDER’S BOND

KNOW ALL MEN BY THESE PRESENTS:

That we _____________________________________________________________________

____________________________________________________________________________

___________________________________________________________, as PRINCIPAL, and

____________________________________________________________________________

a, _______________________________________ and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the Stockton East Water District in the penal sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the Stockton East Water District, acting by and through the General Manager, for the Work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, to the General Manager to which said Bid was submitted, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. In no case shall the liability of the Surety hereunder exceed the sum of

$___________________________________________________________________DOLLARS

THE CONDITION OF THIS OBLIGATION IS SUCH,

That whereas the Principal has submitted the above-mentioned Bid to the Stockton East Water District, as aforesaid, for certain construction specifically described as follows, for which Bids are to be opened at the District Office at 6767 East Main Street, Stockton, CA 95215, California, on ____________________, 20___ FOR

____________________________________________________________________________

(Insert here the exact title of Work as it appears on the Bid Form.)

NOW, THEREFORE, IF THE AFORESAID PRINCIPAL is awarded the Contract and, within the time and manner required under the Contract Documents, after the prescribed forms are presented to him or her for signature, enters into a written Contract, in the prescribed form, in accordance with the Bid, and files all insurance and two (2) Bonds with the District, one (1) to guarantee Faithful Performance and the other to guarantee Payment for Labor and Materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect.


5

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this _____ day of _____________________ 20___.

(Corporate Seal) Contractor/ Principal

By

Title

(Corporate Seal) Surety

By Attorney-in-Fact

(Attach Attorney-in-Fact Certificate) Title

NOTE: Signatures of those executing for the Surety must be properly acknowledged.


6

ACKNOWLEDGMENT

State of California County of ______________________ )

On ___________________ before me, (insert name and title of the officer)

personally appeared ___________________________________________________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ____________________________ (Seal)


7

SPECIFICATIONS – LIQUID ALUM (Bulk)

1. Requirement

It is required that an agreement be established to furnish, in accordance with these specifications, all of the District's requirements for bulk liquid alum during the period of April 1, 2020 to March 31, 2021. 2. General

(a) The liquid alum shall conform with the American Water Works Association's Standard for

Liquid Alum, B403-16 or current revision except as modified or supplemented herein, and NSF 60 approved for use in potable water.

(b) Dry weight (wt) shall be defined as:

Delivery wt (wet wt) x % Al203 (lab report) (Expressed as 17% Al2O3in Dry Alum)

3. Quality (a) The liquid alum shall contain no substances in quantities capable of producing deleterious

or injurious effects upon the health of those consuming the water to which the liquid alum has been added or causing water so treated to fail to meet the requirements of the California Domestic Water Quality and Monitoring Regulations.

(b) The liquid alum delivered under this agreement shall contain 8.0 + 0.2 percent as water

soluble Al203. (c) If the liquid alum causes the treated water to exceed any state or federal MCL, the Vendor

shall bare the cost of any and all analytical testing necessary as determined by the District, and or the California Department of Public Health to insure the safety of the treated water, as well as any and all associated costs including but not limited to: sample transportation, consulting engineer, reporting, associated District labor, etc.

4. Affidavit of Compliance

(a) The Vendor shall submit an affidavit of compliance with these specifications for each

delivery of liquid alum as delivered to the District’s storage tanks. (b) The affidavit of compliance shall contain: (1) percent by weight of Al203 (2) pounds of dry alum per gallon


8

(c) One (1) copy of the Safety Data Sheet (SDS) (d) One (1) copy of NSF 60 certification 5. Certified Laboratory Report

(a) Bulk Sample Collection Sample in accordance with Standard for Aluminum Sulfate,

AWWA B403, American Water Works Association current revision. (b) A certified laboratory report shall be submitted:

1. Prior to the first liquid alum delivery to the District;

2. When a significant change occurs in the Vendor's manufacturing process;

3. On a random sample of liquid alum delivered by the Vendor collected by the District and sent to the Vendor for analysis.

This report shall contain the following and the analyses are to be performed on the aluminum sulfate sample in accordance with:

1. Standard for Aluminum Sulfate, AWWA B403, American Water Works Association,

current revision. Percent by Weight: Al203 Pounds of dry alum per gallon Fe203 "Free Al2SO4" Specific Gravity "Free H2SO4" insoluble matter

2. Standard Methods for the Examination of Water and Wastewater, American Public Health Association current revision.

Mg/Kg: Arsenic Cadmium Chromium Lead Mercury Selenium Silver

(c) Charges for the certified laboratory report shall be included in the bid price.


9

6. Option The District reserves the right to request 5% Acidified Alum. 7. Quantity

(a) The estimated requirement for the liquid alum, as listed on the Request for Bid" will vary

with the actual demands of the District. (b) The estimated requirements are given for information purposes only and shall not be

deemed to guarantee either a minimum amount or restrict the maximum amount to be furnished.

(c) It is the intent of this agreement to require the Vendor to furnish all the District's liquid alum

requirements. (d) Neither an underrun, regardless of extent, nor an overrun, regardless of extent, in the actual

quantity delivered compared to the estimated quantity shall entitle the Vendor to an adjustment in the unit price or to any other compensation.

8. Chemical Requirements (Liquid Alum & 5% Acidified Alum)

(a) Minimum content of active chemical shall be 8.0 percent by weight aluminum oxide with no

more than 0.15 percent free aluminum oxide. Maximum content of active chemical shall be 8.4 percent by weight aluminum oxide to avoid crystallization.

(b) GRADE: The liquid aluminum sulfate shall be a “Basic Commercial Grade” meeting the

above chemical analysis and physical description. It shall conform to the requirements of AWWA B403-16 or latest revision, and these specifications.

(c) The District recognizes that the physical requirements of AWWA B403-16, Section 4.1,

which requires the liquid alum to be the product of the reaction between sulfuric acid and a mineral rich in aluminum, such as bauxite, would by definition exclude all liquid alum produced from a precursor derived from an aluminum reclamation process. The District shall, for the purpose of this bid, allow liquid alum produced from a precursor derived from an aluminum reclamation process. The District shall, at its discretion, exercise all verification procedures as outlined in Section 5 of AWWA B403-16. The Vendor shall, prior to initial deliveries, provide a laboratory report certifying that the liquid aluminum sulfate meets the physical, chemical and impurity requirements listed in AWWA B403-16; Sections 4.1.3, 4.2.1.2, 4.2.2, 4.2.3.2, 4.3.1, 4.3.2, and 4.3.3. The Vendor shall immediately notify the District of any scheduled or unscheduled change in their source of supply or their production process which may affect the scheduled or unscheduled change in their source of supply or their production process which may affect the chemical, physical or impurity properties of the liquid alum. Such changes will require the Vendor to provide additional laboratory certification as described above, and may be cause for the District to refuse further deliveries of aluminum sulfate until such a time as the changed product can be sampled and verified as meeting chemical, physical and impurity specifications as prescribed in AWWA B403-16.


10

(d) VERIFICATION: Representative samples can be taken by the District from the Vendor’s delivery vehicle as prescribed by AWWA B403-16 for testing and acceptance of each delivery. Evidence of contamination or failure to meet product specification of chemical analysis or physical description will be cause for rejection. The District, at its discretion, may sample deliveries in such a manner as to expedite the verification process. The physical appearance of the samples shall be a light green to light yellow and shall be free from turbidity or sediment by visual inspection and shall exhibit a specific gravity of 1.32 to 1.33 at 60 degrees F. evidence of contamination or failure to meet product specification of chemical analysis or physical description shall be cause for immediate rejection of further deliveries until such time as required to verify the chemical, physical and impurity specifications as prescribed by AWWA B403-16.

9. Delivery

The Vendor shall make deliveries of liquid alum upon request in single-unit cargo trailers of 4000

gallon capacity (approximately 26 tons wet weight basis) to:

Stockton East Water District 6767 East Main Street Stockton, California 95215

The Vendor shall make deliveries of liquid alum between the hours of 8:00 a.m. to 2:30 p.m. If the

Vendor for any reason cannot make the delivery during the above stated hours, the Vendor shall notify the District and an alternate time will be scheduled.

Shipments of liquid aluminum sulfate shall comply with the applicable Department of Transportation

(DOT) regulations for marking. The liquid aluminum sulfate shall be shipped in rubber-lined tank trucks. Tank trucks shall be in suitable condition for hauling liquid aluminum sulfate and shall not contain any substances that might impair the use of the aluminum sulfate for its intended purpose. Shipments shall be received at a temperature suitable for unloading into two (2) inch lines without supplemental heating. Tank trucks shall be equipped with all equipment required for unloading the aluminum sulfate.

10. Containers

(a) All cargo trailers and appurtenant valves used for the delivery of the liquid alum, under this

agreement, shall be in good mechanical order and shall be in full compliance with the applicable requirements of the Hazardous Materials Regulations of the Department of Transportation, Code of Federal Regulations, as currently issued.

(b) All appurtenant valves, pumps, and discharge hoses used for the delivery of liquid alum shall

be clean and free from contaminating material. If off-loading equipment is not properly cleaned, this will constitute a reason for rejection of the load.


11

11. Safety Requirement

(a) Truck driver shall wear the appropriate protective face and body apparel, as required by the California Occupational Safety and Health Act when unloading the liquid Alum.

(b) The Alum Vendor will be provided a copy of the District’s Acutely Hazardous General Public

Notification Form, Facility Evacuation Routes and Meeting Areas Map (pages 45 – 47). The Alum Vendor will provide copies of these documents to the Alum Transporters and

document in writing that this has been done. (Notification Form and Facility Evacuation Routes and Meeting Areas Map copies attached). The Alum Vendor will provide copies of these documents to the Alum transporters and document in writing that this has been done.

The Alum Transporter will be required to sign and date a copy of the Public Notice with each

delivery.

(c) The Alum Vendor or sub-Vendor employee shall notify one of the District Contacts below (No. 12 District Contacts) of any hazards found by contract employee’s work.

12. Spillage

(a) All discharge connections and hose ends shall be plugged, capped, blind flanged, or

contained to prevent any spillage of liquid alum. (b) The Vendor shall be notified immediately of any spillage which is not cleaned up by the truck

driver. (c) Any spillage not cleaned up within four hours if notification will be cleaned up by District

forces at a minimum charge of $100 per hour and shall be billed to the Vendor.

13. Placement of Orders The District shall notify the Vendor a minimum of two days in advance of the requirements for each

delivery.

14. District Contacts

In the event a problem and/or question arise regarding this agreement, the Vendor shall contact one of the following individuals according to the nature of the problem and/or question:

(a) Deliveries: Attention: Jason Mathews, Chief Plant Operator Telephone: (209) 948-0537 Fax: (209) 948-4219 E-mail: [email protected]

mailto:[email protected]


12

Attention: Jim Wunderlich, Water Operations Manager Telephone: (209) 948-0537 Fax: (209) 948-4219 E-mail: [email protected]

15. Chemical Vendor Agreement The lowest responsible bidder will be notified of the bid award by telephone. Upon notification, the

bidder will be responsible for submitting to the District a certified laboratory report containing the specified information; a signed copy of the District’s specifications for each of the chemicals awarded; and a signed Chemical Vendor Agreement (supplied by the District) by April 15, 2020. Failure to provide the documents in the defined time period is cause for cancellation of the bid award.

Termination for Convenience the District may terminate this Agreement at any time by giving

notice of such termination (including the effective termination date) at least [30] calendar days before the effective date of such termination. The Vendor shall be reimbursed for expenses incurred prior to the termination date, in accordance with the provisions of the Agreement.

END OF SPECIFICATIONS – LIQUID ALUM (Bulk)



13

SPECIFICATIONS – LIQUID CATIONIC POLYMER (BULK)

1. Requirement

It is required that an agreement be established to furnish, in accordance with these specifications, all of the District's requirements for bulk liquid cationic polymer during the period of April 1, 2020 to March 31, 2021. 2. Quality

(a) The liquid cationic polymer shall contain no substances in quantities capable of producing

deleterious or injurious effects upon the health of those consuming the water to which the liquid cationic polymer has been added or causing water so treated to fail to meet the requirements of the California Domestic Water Quality and Monitoring Regulations.

(b) The liquid cationic polymer delivered under the agreement shall conform to the following:

(1) AWWA standard B451-16 and be NSF-60 approved for use in potable waters up to a maximum of 50 ppm

(2) Active polymer of 20 + or - 1.0 percent; and be

(3) Free of biological contamination

(c) If the liquid cationic polymer causes the treated water to exceed any state or federal MCL,

the vender shall bare the cost of any and all analytical testing necessary as determined by the District, and or the California Department of Public Health, to insure the safety of the treated water as well as any and all associated costs including but not limited to: sample transportation, consulting engineer, reporting, associated District labor, etc.



delivery of liquid cationic polymer as delivered to the District's storage tanks. (b) The affidavit of compliance shall contain:

(1) Percent active polymer;

(2) Pounds per gallon; and

(3) Date of manufacture.

(c) One (1) copy of the Safety Data Sheet (SDS).


14

(d) One (1) copy of NSF 60 certification 4. Certified Laboratory Report

(a) A certified laboratory report shall be submitted:

1. Prior to the first liquid cationic polymer delivery to the District;


3. On a random sample of liquid cationic polymer delivered by the Vendor collected by the District and sent to the Vendor for analysis.

This report shall contain the following: Percent active Polymer; Pounds per gallon; Date of Manufacture; Specific gravity; Iron; and pH

(b) Charges for the certified laboratory reports shall be included in the bid price and list sub-

Vendor or supplier.

5. District-Approved Cationic Polymers The following are the only District-approved cationic polymers:

Manufacturer Product Polydyne Inc. Clarifloc C-308P Calgon Corporation CAT Floc-T Sterling Water Technologies SW 102 NTU Technologies ZETA Floc 20 LV

6. Qualifications Requirements for District Approval To achieve District approval, for future bid purposes a prospective Vendor's liquid cationic polymer shall meet the following requirements: (a) All the requirements of these specifications. (b) Performance criteria established by the District


15

1. A screening evaluation conducted on a laboratory scale performed by District personnel. (Prospective Vendor shall furnish at least 300 ml of liquid cationic polymer for this evaluation.)

2. If the laboratory evaluation demonstrates the liquid cationic polymer to be effective,

under laboratory conditions, then a plant-scale evaluation shall be performed.

3. For the plant-scale evaluation, the prospective Vendor shall furnish liquid cationic polymer in the amount established by the District. The prospective Vendor shall furnish enough polymer for a three day plant-scale evaluation, with no expense to the District.

4. Performance evaluations shall be performed at the convenience of the District and

may be witnessed by the prospective Vendor. 7. Quantity

(a) The estimated requirements for liquid cationic polymer, as listed on the "Request for Bid",

will vary with the actual demands of the District. (b) The estimated requirements are given for information purposes only and shall not be


(c) It is the intent of this agreement to require the Vendor to furnish all the District's liquid

cationic polymer requirements. (d) Neither an underrun, regardless of extent, nor an overrun, regardless of extent, in the

actual quantity delivered compared to the estimated quantity shall entitle the Vendor to an adjustment in the unit price nor to any other compensation.

(e) Orders will be placed for 4500 – 5000 gallons as required by the District.

8. Delivery (a) The Vendor shall make deliveries of liquid cationic polymer between the hours of 8:00

a.m. to 2:30 p.m., to: Stockton East Water District 6767 East Main Street Stockton, California 95215 If the Vendor for any reason cannot make the delivery during the above stated hours, the

Vendor shall notify the District and an alternate time will be scheduled. (b) The cargo trailers used for delivering liquid cationic polymer shall be either stainless steel

or lined specifically to handle liquid cationic polymer.


16

9. Condition of Cargo Trailers

(a) All cargo trailers and appurtenant valves used for the delivery of the liquid cationic polymer under this agreement shall be in good mechanical order and shall be in full compliance with the applicable requirements of the Hazardous Materials Regulations of the Department of Transportation, Code of Federal Regulations, as currently issued.

(b) All appurtenant valves, pumps, and discharge hoses used for the delivery of liquid cationic

polymer shall be clean and free from contaminating material. If off-loading equipment is not properly cleaned, this will constitute reason for rejection of the load.


(a) Truck driver shall wear the appropriate protective face and body apparel, as required by

the California Occupational Safety and Health Act, when unloading the liquid cationic polymer.

(b) The Polymer Vendor will be provided a copy of the District’s Acutely Hazardous General

Public Notification Form, Facility Evacuation Routes and Meeting Areas Map (pages 45 – 47). The Polymer Vendor will provide copies of these documents to the Polymer Transporters and document in writing that this has been done.

The Polymer Transporter will be required to sign and date a copy of the Public Notice with

each delivery.

(c) The Polymer Vendor or sub-Vendor employee shall notify one of the District Contacts below (No. 13 District Contacts) of any hazards found by contract employee’s work.

11. Spillage


contained to prevent any spillage of liquid cationic polymer. (b) The Vendor shall be notified immediately of any spillage which is not cleaned up by the

truck driver. (c) Any spillage not cleaned up within four hours of notification will be cleaned up by the

District forces at a minimum charge of $100 per hour and shall be billed to the Vendor.

12. Placement of Orders The District shall notify the Vendor a minimum of two days in advance of the requirements for

each delivery.


17



(a) Deliveries: Attention: Jason Mathews, Chief Plant Operator Telephone: (209) 948-0537 Fax: (209) 948-4219 E-mail: [email protected] Attention: Jim Wunderlich, Water Operations Manager Telephone: (209) 948-0537 Fax: (209) 948-4219 E-mail: [email protected]

16. Chemical Vendor Agreement The lowest responsible bidder will be notified of the bid award by telephone. Upon notification,

the bidder will be responsible for submitting to the District a certified laboratory report containing the specified information; a signed copy of the District’s specifications for each of the chemicals awarded; and a signed Chemical Vendor Agreement (supplied by the District) by April 15, 2020. Failure to provide the documents in the defined time period is cause for cancellation of the bid award.



END OF SPECIFICATIONS – LIQUID CATIONIC POLYMER (25%)




18

SPECIFICATIONS – LIQUID CAUSTIC SODA (25%)

1. Requirement

It is required that an agreement be established to furnish, in accordance with these specifications, all of the District's requirements for bulk liquid caustic soda during the period of April 1, 2020 to March 31, 2021. 2. General

(a) The liquid caustic soda shall conform with the American Water Works Association's

Standard for Liquid Caustic Soda B501-13 or current revision; except, as modified or supplemented herein, NSF 60 approved for use in potable water.


delivery wt (wet wt) X % NaO2 (lab report) 76%

3. Quality

(a) The liquid caustic soda delivered under the agreement shall be 25 1.5 percent liquid

caustic soda (NaOH). (b) The liquid caustic soda shall contain no more than 5 ppm iron.

(c) If the liquid caustic soda causes the treated water to exceed any state or federal MCL, the

vender shall bare the cost of any and all analytical testing necessary as determined by the District, and or the California Department of Public Health, to insure the safety of the treated water as well as any and all associated costs including but not limited to: sample transportation, consulting engineer, reporting, associated District labor, etc.



delivery of liquid caustic soda as delivered to the District's storage tanks. (b) The affidavit of compliance shall contain the following: Percent by Weight:

Sodium Hydroxide; Sodium Oxide; and Sodium Carbonate


19

Parts per million: Iron

Pounds per gallon:

Sodium Hydroxide

(c) One (1) copy of the Safety Data Sheet (SDS). (d) One (1) copy of NSF 60 certification 5. Certified Laboratory Report

(a) Bulk Sample Collection Sample in accordance with Standard for Caustic Soda AWWA

B501, American Water Works Association current revision.

(b) A certified laboratory report shall be submitted:

1. Prior to the first liquid caustic soda delivery to the District;


3. On a random sample of liquid caustic soda delivered by the Vendor collected by the District and sent to the Vendor for analysis.

This report shall contain the following and the analyses are to be performed on the liquid caustic soda sample in accordance with:

1. Standard for Caustic Soda AWWA B501, American Water Works Association current

revision. Percent by Weight: Total alkalinity as Na2O

NaOH NaCO3 Na2O specific gravity

Pound per gallon

NaOH

2. Standard Methods for the Examination of Water and Wastewater, American Public Health Association current revision.

Mg/Kg Mercury


20


6. Quantity

(a) The estimated requirements for liquid caustic soda, as listed on the "Request for Bid", will vary with the actual demands of the District.

(b) The estimated requirements are given for information purposes only and shall not be


(c) It is the intent of this agreement to require the Vendor to furnish all the District's liquid

caustic soda requirements. (d) Neither an underrun, regardless of extent, nor an overrun, regardless of extent, in the


7. Delivery

(a) The Vendor shall make deliveries of liquid caustic soda upon request in single-unit cargo

trailers of 4000-gallon capacity (approximately 26 tons wet weight basis) to: Stockton East Water District 6767 East Main Street Stockton, California 95215

(b) The Vendor shall make deliveries of liquid caustic soda between the hours of 8:00 a.m. to

2:30 p.m. If the Vendor for any reason cannot make the delivery during the above stated hours, the Vendor shall notify the District and an alternate time will be scheduled.


(a) All cargo trailers and appurtenant valves used for the delivery of the liquid caustic soda

under this agreement shall be in full compliance with the applicable requirements of the Hazardous Materials Regulations of the Department of Transportation, Code of Federal Regulations, as currently issued.

(b) All appurtenant valves, pumps, and discharge hoses used for the delivery of liquid caustic

soda shall be clean and free from contaminating material. If off-loading equipment is not properly cleaned, this will constitute reason for rejection of the load.


(a) Truck driver shall wear the appropriate protective face and body apparel, as required by

the California Occupational Safety and Health Act, when unloading the liquid caustic soda.


21

(b) The Caustic Soda Vendor will be provided a copy of the District’s Acutely Hazardous General Public Notification Form, Facility Evacuation Routes and Meeting Areas Map (pages 45 – 47). The Caustic Soda Vendor will provide copies of these documents to the Caustic Soda Transporters and document in writing that this has been done.

The Liquid Caustic Soda Transporter will be required to sign and date a copy of the Public

Notice with each delivery.

(c) The Liquid Caustic Soda Vendor or sub-Vendor employee shall notify one of the District Contacts below (No. 12 District Contacts) of any hazards found by contract employee’s work.

10. Spillage


contained to prevent any spillage of liquid caustic soda. (b) The Vendor shall be notified immediately of any spillage which is not cleaned up by the




each delivery.



(a) Deliveries: Attention: Jason Mathews, Chief Plant Operator Telephone: (209) 948-0537 Fax: (209) 948-4219 E-mail: [email protected] Attention: Jim Wunderlich, Water Operations Manager Telephone: (209) 948-0537 Fax: (209) 948-4219 E-mail: [email protected]




22





END OF SPECIFICATIONS – LIQUID CAUSTIC SODA (25%)


23

SPECIFICATIONS – LIQUID CHLORINE (One-Ton Containers)

1. Requirement

It is required that an agreement be established to furnish, In accordance with these specifications, all of the District's requirements for liquid chlorine in one-ton containers during the period of April 1, 2020 to March 31, 2021. 2. General

(a) The liquid chlorine shall conform with the American Water Works Association's Standard

for Liquid Chlorine, B301-18 or current revision except as modified or supplemented herein, and NSF 60 approved for use in potable water.

3. Quality

(a) General The liquid chlorine delivered under this agreement shall contain no substance in

quantities capable of producing deleterious or injurious effects upon the health of those consuming water to which the liquid chlorine has been added or causing water so treated to fail to meet the requirements of the California Domestic Quality and Monitoring Regulations. The District reserves the right to assure quality through continuous laboratory testing. Chlorine that does not meet District standards may either be returned for credit or the agreement terminated.

(b) Carbon Tetrachloride Contamination The liquid chlorine delivered under this agreement

shall not contain Carbon Tetrachloride in quantities that are likely to cause the treated water to exceed the California Department of Public Health’s MCL of 0.0005 mg/L. The California standard is ten times less than the Federal Standard. To meet this Standard the Carbon Tetrachloride in solution shall be less than 15 mg/l (0.0015%) by weight. If the liquid chlorine causes the treated water to exceed any state or federal MCL, the Vendor shall bare the cost of any and all analytical testing necessary as determined by the District, and or the State Water Resources Control Board Division of Drinking Water (DDW), to insure the safety of the treated water, as well as any and all associated costs including but not limited to: sample transportation, consulting engineer, reporting, associated District labor, ect.

(c) Moisture The liquid chlorine delivered shall be dry chlorine with a moisture no greater than

50 mg/L (0.005%) by Weight.

(d) Nonvolatile Residue The total residue shall not exceed 50 mg/L (0.005%) by weight in liquid chlorine as packaged in containers.


24


(a) The Vendor shall submit an affidavit of compliance with these specifications for each delivery of liquid chlorine. The percent of chlorine by volume shall be included.

(b) One (1) copy of NSF 60 certification (c) One copy of Safety Data Sheet (SDS) 5. Certified Laboratory Report

(a) Bulk Sample Collection Sample in accordance with Standard for Liquid Chlorine, AWWA

B301, American Water Works Association current revision.

(b) A certified laboratory report shall be submitted prior to the first liquid chlorine delivery to the District and with each delivery, and when a significant change occurs in the manufacturing process. This report shall contain the following:

Sample Analyses: The analyses are to be performed on chlorine in accordance with

Annual Book of ASTM Methods, American Society for Testing Materials current revision. Mg/Kg:

Car bon Tetrachloride Mercury Trihalomethanes

Parts Per Million:

Moisture Mercury Arsenic Lead Heavy Metals (expressed as lead) Non-volatile residue Chlorine % by volume


6. Quantity

(a) The estimated requirement for the liquid chlorine as listed on the "Request for Bid" will vary with the actual demands of the District.

(b) The estimated requirements are given for information purposes only and shall not be



25

(c) It is the intent of this agreement to require the Vendor to furnish all the District's liquid chlorine requirements.

(d) Neither an under run, regardless of extent, nor an overrun, regardless of extent, in the

actual quantity delivered compared to the estimated quantity shall entitle the Vendor to an adjustment in the unit price or to any other compensation.

7. Delivery

(a) The Vendor shall make deliveries of liquid chlorine upon request single-unit one-ton (2000

pounds) capacity net weight containers to: Stockton East Water District 6767 East Main Street Stockton, California 95215

(b) The Vendor shall make deliveries of liquid chlorine between the hours of 8:00 a.m. to 2:30

p.m. If the Vendor for any reason cannot make the delivery during the above stated hours, the Vendor shall notify the District and an alternate time will be scheduled.

8. Containers

(a) The one-ton containers shall be furnished to the District free of charge for a minimum of

180 days, beginning on the date of delivery and ending on the date of notification by the District to pick up the empty one-ton containers.

(b) Deposit charges for the one-ton containers, replacement charges for one-ton containers

lost or damaged beyond repair while in District's possession and demurrage charge for the time beyond the 120 days shall be as quoted on the "Request for Bid" Sheet.

9. Return for Credit

One-ton containers completely or partially filled, returned for credit with chlorine contained therein

shall carry no restocking charges.

10. Condition of One-Ton Containers

(a) All one-ton containers shall be carefully examined by the Vendor as specified in the Chlorine Institute Pamphlet No. 17, Cylinder and Ton Container Procedure for Chlorine Packaging, and in Compressed Gas Association Pamphlet C-6, Standard for Visual Inspection of Compressed Gas Cylinders; and any which show evidence of leakage, damage, or corrosion shall be rejected. One-ton containers, valves, valve threads, and valve packing’s shall be in good mechanical order and shall operate normally with a wrench no longer than 6-inches. Should any one-ton containers and valves not conform to any recommended practice in the above pamphlets in all applicable respects, the Vendor shall be notified and he shall immediately remove the non-conforming one-ton container(s) from District's property.


26

(b) All one-ton containers delivered to the District during the contracted period shall be hydrostatically tested within the past five years.

(c) Each one-ton container(s) outlet valves, when aligned properly, shall conform to a standard

manifold hook-up assembly. Alterations required to fit the flex connector, or yoke assembly, will result in cylinder rejection.

(d) One-ton container(s) returned shall be exchanged for a one-ton container(s) in full

compliance with the above referenced conditions at no additional charges to the District.

11. Packing

(a) The Vendor shall pack the liquid chlorine in one-ton containers which comply in every respect with the current Hazardous Materials Regulations of the Department of Transportation, Code of Federal Regulations, Title 49, Chapter 1, Sub-chapter C, for shipment of chlorine. The containers shall be; inspected, reconditioned, cleaned, maintained and loaded in strict accordance with the latest edition of Pamphlet No. 17, "Cylinder and Ton Container Procedure for Chlorine Packing", issued by the Chlorine Institute, Inc.

(b) The Vendor receiving liquid chlorine from a manufacturer shall take great care in the

packaging operation so that there is no addition of moisture or other contaminants which would increase the formation of ferric chloride, or any other deleterious material which can clog valves, evaporators, or chlorinators.

(c) The maximum permitted filling density is 125 percent. The filling density is defined as the

percent ratio of the weight of water that the one-ton container will hold at 60 F.

12. Marking Each one-ton container shall carry a clear identification of the material, and shall carry the current

proper precautionary information as required by the Department of Transportation and other regulatory agencies concerning the hazardous nature of chlorine.

13. Placement of Orders

The District shall notify the Vendor a minimum of three days in advance of the requirements for

each delivery.

14. Security Requirements

(a) The Chlorine Vendor shall meet the requirements of THE CHLORINE INSTITUTE SECURITY MANAGEMENT PLAN for all Chlorine delivered to this facility.

(b) The Chlorine Vendor shall provide the District with an estimated time of delivery for each

load. The Chlorine Vendor shall notify the District by telephone if the delivery will not be accomplished within 60 minutes of the estimated delivery time.


27

15. Safety Requirements

(a) The Chlorine Vendor will be provided a copy of the District’s Acutely Hazardous Material General Public Notification Form, Facility Evacuation Routes and Meeting Areas Map (pages 45 – 47). The Chlorine Vendor will provide copies of these documents to the Chlorine Transporters and document in writing that this has been done. The Chlorine Transporter will be required to sign and date a copy of the Public Notice with each delivery.

(b) The Chlorine Vendor or sub-Vendor employee shall notify one of the District Contacts

below (No.16 District Contacts) of any hazards found by contract employee’s work. (c) The Chlorine Vendor will be required to provide Chlorine Training to District Personnel

after contract is fully executed.



(a) Deliveries:

Attention: Jason Mathews, Chief Plant Operator Telephone: (209) 948-0537 Fax: (209) 948-4219 E-mail: [email protected] Attention: Jim Wunderlich, Water Operations Manager Telephone: (209) 948-0537 Fax: (209) 948-4219 E-mail: [email protected]



Termination for Convenience the District may terminate this Agreement at any time by giving notice of such termination (including the effective termination date) at least [30] calendar days before the effective date of such termination. The Vendor shall be reimbursed for expenses incurred prior to the termination date, in accordance with the provisions of the Agreement.

END OF SPECIFICATIONS – LIQUID CHLORINE (One-Ton Containers)




28

SPECIFICATIONS – LIQUID POLYALUMINUM CHLORIDE (PACl) (BULK)

1. Requirement

It is required that an agreement be established to furnish, in accordance with these specifications, all of the District's requirements for bulk liquid PACl during the period of April 1, 2020 to March 31, 2021. 2. General (a) The liquid PACl shall conform with the American Water Works Association's Standard for

Liquid PACl, B408-18 or current revision except as modified or supplemented herein, and NSF 60 approved for use in potable water.


Delivery wt (wet wt) x % Al (lab report) (Expressed as 6% Al in Dry Aluminum)

3. Quality

(a) The liquid PACl shall contain no substances in quantities capable of producing deleterious

or injurious effects upon the health of those consuming the water to which the liquid PACl has been added or causing water so treated to fail to meet the requirements of the California Domestic Water Quality and Monitoring Regulations.

(b) The liquid PACl delivered under this agreement shall contain 6.0 + 0.5 percent as water

soluble Al. (c) The liquid PACl delivered under this agreement shall have a specific gravity of 1.27 + 0.01 (d) The liquid PACl delivered under this agreement shall have a basicity of 70% + 5% (e) If the liquid PACl causes the treated water to exceed any state or federal MCL, the Vendor

shall bare the cost of any and all analytical testing necessary as determined by the District, and or the California Department of Public Health, to insure the safety of the treated water as well as any and all associated costs including but not limited to: sample transportation, consulting engineer, reporting, associated District labor, etc.



delivery of liquid PACl as delivered to the District's storage tanks.


29

(b) The affidavit of compliance shall contain:

(1) Percent by weight of Al

(2) Pounds of dry aluminum per gallon


(a) Bulk Sample Collection Sample in accordance with Standard for Polyaluminum Chloride,

AWWA B408, American Water Works Association current revision. (b) A certified laboratory report shall be submitted:

1. Prior to the first liquid PACl delivery to the District;


3. On a random sample of liquid PACl delivered by the Vendor collected by the District and sent to the Vendor for analysis.

This report shall contain the following and analyses are to be performed on the Polyaluminum chloride sample in accordance with: 1. Standard for Polyaluminum Chloride, AWWA B408, American Water Works

Association current revision.

percent by weight: Al Pounds of dry aluminum per gallon Fe203 "Free Al" Specific Gravity Insoluble Matter

2. Standard for the Examination of Water and Wastewater, American Public Health Association current revision.

Mg/Kg:

Arsenic Lead Cadmium Mercury Chromium Selenium Lead Silver


30

(c) Charges for the certified laboratory reports shall be included in the bid price and list sub-Vendor or supplier.

6. Quantity

(a) The estimated requirements for liquid PACl, as listed on the "Request for Bid", will vary

with the actual demands of the District. (b) The estimated requirements are given for information purposes only and shall not be


(c) It is the intent of this agreement to require the Vendor to furnish all the District's liquid PACl

requirements. (d) Neither an underrun, regardless of extent, nor an overrun, regardless of extent, in the



7. Delivery (a) The Vendor shall make deliveries of liquid PACl upon request in single-unit cargo trailers

of 4000 gallon capacity (approximately 25 tons wet weight basis) to: Stockton East Water District 6767 East Main Street Stockton, California 95215 The Vendor shall make deliveries of liquid PACl between the hours of 8:00 a.m. to 2:30

p.m. If the Vendor for any reason cannot make the delivery during the above stated hours, the Vendor shall notify the District and an alternate time will be scheduled.


(a) All cargo trailers and appurtenant valves used for the delivery of the liquid PACl under this

agreement shall be in good mechanical order and shall be in full compliance with the applicable requirements of the Hazardous Materials Regulations of the Department of Transportation, Code of Federal Regulations, as currently issued.

(b) All appurtenant valves, pumps, and discharge hoses used for the delivery of liquid PACl

shall be clean and free from contaminating material. If off-loading equipment is not properly cleaned, this will constitute reason for rejection of the load.


31


(a) Truck driver shall wear the appropriate protective face and body apparel, as required by the California Occupational Safety and Health Act, when unloading the liquid PACl.

(b) The Liquid PACl Vendor will be provided a copy of the District’s Acutely Hazardous

General Public Notification Form, Facility Evacuation Routes and Meeting Areas Map (pages 45 – 47). The Liquid PACl Vendor will provide copies of these documents to the Liquid PACl Transporters and document in writing that this has been done.

The PACl Transporter will be required to sign and date a copy of the Public Notice with

each delivery.

(c) The PACl Vendor or sub-Vendor employee shall notify one of the District Contacts below (No. 12 District Contacts) of any hazards found by contract employee’s work.

10. Spillage


contained to prevent any spillage of liquid PACl. (b) The Vendor shall be notified immediately of any spillage which is not cleaned up by the




each delivery.






32






END OF SPECIFICATIONS – LIQUID POLYALUMINUM CHLORIDE (PACl) (Bulk)



33

SPECIFICATIONS – ALUMINUM CHLOROHYDRATE BLEND (ACH/P) (BULK)

1. Requirement

It is required that an agreement be established to furnish, in accordance with these specifications, all of the District's requirements for bulk liquid ACH/P during the period of April 1, 2020 to March 31, 2021. 2. General (a) The liquid ACH/P shall conform with the American Water Works Association's Standard for

Liquid ACH/P, B408-18 or current revision except as modified or supplemented herein, and NSF 60 approved for use in potable water.


Delivery wt (wet wt) x % Al (lab report) (Expressed as 7.6% Al in Dry Aluminum)

3. Quality

(a) The liquid ACH/P shall contain no substances in quantities capable of producing deleterious

or injurious effects upon the health of those consuming the water to which the liquid ACH/P has been added or causing water so treated to fail to meet the requirements of the California Domestic Water Quality and Monitoring Regulations.

(b) The liquid ACH/P delivered under this agreement shall contain 7.6 + 0.1 percent as water

soluble Al. (c) The liquid ACH/P delivered under this agreement shall have a specific gravity of 1.29 + 0.01 (d) The liquid ACH/P delivered under this agreement shall have a basicity of 83% + 1% (e) If the liquid ACH/P causes the treated water to exceed any state or federal MCL, the Vendor

shall bare the cost of any and all analytical testing necessary as determined by the District, and or the California Department of Public Health, to insure the safety of the treated water as well as any and all associated costs including but not limited to: sample transportation, consulting engineer, reporting, associated District labor, etc.


(a) The Vendor shall submit an affidavit of compliance with these specifications for each delivery

of liquid ACH/P as delivered to the District's storage tanks.


34

(b) The affidavit of compliance shall contain:

(1) Percent by weight of Al

(2) Pounds of dry aluminum per gallon


(a) Bulk Sample Collection Sample in accordance with Standard for Aluminum Chlorohydrate

Blend, AWWA B408, American Water Works Association current revision. (b) A certified laboratory report shall be submitted:

1. Prior to the first liquid ACH/P delivery to the District;


3. On a random sample of liquid ACH/P delivered by the Vendor collected by the District and sent to the Vendor for analysis.

This report shall contain the following and analyses are to be performed on the Polyaluminum chloride sample in accordance with: 1. Standard for Aluminum Chlorohydrate Blend, AWWA B408, American Water Works

Association current revision.

percent by weight: AI Pounds of dry aluminum per gallon Fe203 "Free Al" Specific Gravity Insoluble Matter

2. Standard for the Examination of Water and Wastewater, American Public Health Association current revision.

Mg/Kg:

Arsenic Lead Cadmium Mercury Chromium Selenium Lead Silver


35

(c) Charges for the certified laboratory reports shall be included in the bid price and list sub-Vendor or supplier.

6. District-Approved Aluminum Chlorohydrate Blend (ACH/P) The following are the only District-approved ACH/P Blends:

Manufacturer Product Northstar Chemical MD-1883 Northstar Chemical MP-1483

7. Quantity

(a) The estimated requirements for liquid ACH/P, as listed on the "Request for Bid", will vary with

the actual demands of the District. (b) The estimated requirements are given for information purposes only and shall not be deemed

to guarantee either a minimum amount or restrict the maximum amount to be furnished. (c) It is the intent of this agreement to require the Vendor to furnish all the District's liquid ACH/P

requirements. (d) Neither an underrun, regardless of extent, nor an overrun, regardless of extent, in the actual

quantity delivered compared to the estimated quantity shall entitle the Vendor to an adjustment in the unit price nor to any other compensation.


8. Delivery (a) The Vendor shall make deliveries of liquid ACH/P upon request in single-unit cargo trailers of

4000 gallon capacity (approximately 25 tons wet weight basis) to: Stockton East Water District 6767 East Main Street Stockton, California 95215 The Vendor shall make deliveries of liquid ACH/P between the hours of 8:00 a.m. to 2:30 p.m.

If the Vendor for any reason cannot make the delivery during the above stated hours, the Vendor shall notify the District and an alternate time will be scheduled.


(a) All cargo trailers and appurtenant valves used for the delivery of the liquid ACH/P under this

agreement shall be in good mechanical order and shall be in full compliance with the applicable requirements of the Hazardous Materials Regulations of the Department of Transportation, Code of Federal Regulations, as currently issued.


36

(b) All appurtenant valves, pumps, and discharge hoses used for the delivery of liquid ACH/P shall be clean and free from contaminating material. If off-loading equipment is not properly cleaned, this will constitute reason for rejection of the load.


(a) Truck driver shall wear the appropriate protective face and body apparel, as required by the

California Occupational Safety and Health Act, when unloading the liquid ACH/P.

(b) The Liquid ACH/P Vendor will be provided a copy of the District’s Acutely Hazardous General Public Notification Form, Facility Evacuation Routes and Meeting Areas Map (pages 45 – 47). The Liquid ACH/P Vendor will provide copies of these documents to the Liquid ACH/P Transporters and document in writing that this has been done.

The ACH/P Transporter will be required to sign and date a copy of the Public Notice with each

delivery.

(c) The ACH/P Vendor or sub-Vendor employee shall notify one of the District Contacts below (No. 12 District Contacts) of any hazards found by contract employee’s work.

10. Spillage

(a) All discharge connections and hose ends shall be plugged, capped, blind flanged, or contained

to prevent any spillage of liquid ACH/P. (b) The Vendor shall be notified immediately of any spillage which is not cleaned up by the truck

driver. (c) Any spillage not cleaned up within four hours of notification will be cleaned up by the District

forces at a minimum charge of $100 per hour and shall be billed to the Vendor.

11. Placement of Orders The District shall notify the Vendor a minimum of two days in advance of the requirements for each

delivery.






37


13. Chemical Vendor Agreement The lowest responsible bidder will be notified of the bid award by telephone. Upon notification, the

bidder will be responsible for submitting to the District a certified laboratory report containing the specified information; a signed copy of the District’s specifications for each of the chemicals awarded; and a signed Chemical Vendor Agreement (supplied by the District) by April 15, 2020. Failure to provide the documents in the defined time period is cause for cancellation of the bid award.

Termination for Convenience the District may terminate this Agreement at any time by giving notice

of such termination (including the effective termination date) at least [30] calendar days before the effective date of such termination. The Vendor shall be reimbursed for expenses incurred prior to the termination date, in accordance with the provisions of the Agreement.

END OF SPECIFICATIONS – Aluminum Chlorohydrate Blend (ACH/P) (Bulk)



38

S A M P L E CHEMICAL VENDOR AGREEMENT

STOCKTON EAST WATER DISTRICT P O BOX 5157, STOCKTON CA 95205

6767 EAST MAIN STREET, STOCKTON CA 95215 TELEPHONE: (209) 948-0333 FAX (209) 948-0423

Some of the important terms of this agreement are printed on pages 2-5, Exhibit A – (Bid Form). Exhibit B (General Conditions) and Exhibit C (Bid Bond). For your protection, make sure that you read and understand all provisions before signing. The terms are incorporated in this Agreement and will constitute a part of the Agreement between the parties when signed.

TO: Vendor DATE: _______, 2020 _________________________

_________________________ (Address Line 1)

_________________________ (City, State, Zip Code) (___)____-_________ - Phone

(___)____-_________ - Fax

The undersigned Vendor offers to furnish the following:

Chemical Type in accordance with the attached Chemical Specifications, Bid Documents, and in accordance with conditions of this Agreement.

Contract Price: $______________________

Contract Term: April 1, 2020 to March 31, 2021 Instructions: Sign Agreement, provide Certificates of Insurance and return original. Upon acceptance by the Stockton East Water District, a copy will be signed by its authorized representative and promptly returned to you.

Accepted: Vendor: Stockton East Water District Vendor Name Here

Scot A. Moody, General Manager Authorized Representative, Title Other authorized representatives: Cathy Lee, P.E., Assistant General Manager Jim Wunderlich, Water Operations Manager Jason Mathews, Chief Plant Operator


39

AGREEMENT Workers' Compensation Insurance - Vendor certifies that they are aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and they will comply with such provisions before commencing the performance of the work of this agreement. Indemnification - To the fullest extent permitted by law, Vendor shall indemnify and hold harmless and defend Stockton East Water District, its directors, officers, employees, or authorized volunteers, and each of them from and against: a. Any and all claims, demands, causes of action, damages, costs, expenses, losses or liabilities,

in law or in equity, of every kind or nature whatsoever for, but not limited to, injury to or death of any person including Stockton East Water District and/or Vendor, or any directors, officers, employees, or authorized volunteers of Stockton East Water District or Vendor, and damages to or destruction of property of any person, including but not limited to, Stockton East Water District and/or Vendor or their directors, officers, employees, or authorized volunteers, arising out of or in any manner directly or indirectly connected with the work to be performed under this agreement, however caused, regardless of any negligence of Stockton East Water District or its directors, officers, employees, or authorized volunteers, except the sole negligence or willful misconduct of Stockton East Water District or its directors, officers, employees, or authorized volunteers;

b. Any and all actions, proceedings, damages, costs, expenses, penalties or liabilities, in law or

equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Vendor;

c. Any and all losses, expenses, damages (including damages to the work itself), attorneys’ fees,

and other costs, including all costs of defense, which any of them may incur with respect to the failure, neglect, or refusal of Vendor to faithfully perform the work and all of the Vendor’s obligations under the agreement. Such costs, expenses, and damages shall include all costs, including attorneys’ fees, incurred by the indemnified parties in any lawsuit to which they are a party.

Vendor shall defend, at Vendor's own cost, expense and risk, any and all such aforesaid suits, actions or, other legal proceedings of every kind that may be brought or instituted against Stockton East Water District or its directors, officers, employees, or authorized volunteers. Vendor shall pay and satisfy any judgment, award or decree that may be rendered against Stockton East Water District or its directors, officers, employees, or authorized volunteers, in any and all such suits, actions, or other legal proceedings. Vendor shall reimburse Stockton East Water District or its directors, officers, employees, or authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.


40

Vendor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Stockton East Water District or its directors, officers, employees, or authorized volunteers. Termination for Convenience: District may terminate this Agreement at any time by giving notice of such termination (including the effective termination date) at least [30] calendar days before the effective date of such termination. The Vendor shall be reimbursed for expenses incurred prior to the termination date, in accordance with the provisions of this Agreement.


41

GENERAL CONDITIONS (EXHIBIT B)

Laws, Regulations and Permits - The Vendor shall give all notices required by law and comply with all laws, ordinances, rules and regulations pertaining to the conduct of the work. The Vendor shall be liable for all violations of the law in connection with work furnished by the Vendor. If the Vendor performs any work knowing it to be contrary to such laws, ordinances, rules or regulations and without giving notice to Stockton East Water District, the Vendor shall bear all costs arising therefrom. Safety - The Vendor shall execute and maintain their work so as to avoid injury or damage to any person or property. The Vendor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out their work, the Vendor shall, at all times, exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed, and be in compliance with all applicable federal, state and local statutory and regulatory requirements including State of California, Department of Industrial Relations (Cal/OSHA) regulations; Cal/EPA; U.S./EPA; and the U.S. Department of Transportation including the Omnibus Transportation Employee Testing Act. Coverage - Coverage for commercial general liability and automobile liability insurance shall

be at least as broad as the following: 1. Insurance Services Office (ISO) Commercial General Liability Coverage

(Occurrence Form CG 0001) 2. Insurance Services Office (ISO) Business Auto Coverage (Form CA 0001),

covering Symbol 1 (any auto)

3. Insurance Service Office (ISO) Excess Liability (if necessary)

Limits - The Vendor shall maintain limits no less than the following:

1. General Liability - Five million dollars ($5,000,000) per occurrence or the full per occurrence limits of the policies available, whichever is greater for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit or products-completed operations aggregate limit is used, either the general aggregate limit shall apply separately to the project/location (with the ISO CG 2503, or ISO CG 2504, or insurer's equivalent endorsement provided to Stockton East Water District) or the general aggregate limit and products-completed operations aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability – Five million dollars ($5,000,000) for bodily injury and

property damage each accident limit.


42

3. Excess Liability (if necessary) - The limits of Insurance required in this

agreement may be satisfied by a combination of primary and umbrella or excess Insurance. Any umbrella or excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the District (if agreed to in a written contract or agreement) before the District’s own primary or self-Insurance shall be called upon to protect it as a named insured

Required Provisions - The general liability and automobile liability policies are to contain,

or be endorsed to contain, the following provisions: Stockton East Water District, its directors, officers, employees, and authorized volunteers

are to be given insured status at least as broad as ISO endorsement CG 2010 11 85; or both CG 20 10 10 01 and CG 20 37 04 13 (or the CG 20 10 04 13 (or earlier edition date) specifically naming all of the District parties required in this agreement, or using language that states “as required by contract”). All Subcontractors hired by Vendor must also have the same forms or coverage at least as broad; as respects (via CG 20 38 04 13): liability arising out of activities performed by or on behalf of the Vendor; products and completed operations of the Vendor; premises owned, occupied or used by the Vendor; and automobiles owned, leased, hired or borrowed by the Vendor. The coverage shall contain no special limitations on the scope of protection afforded to Stockton East Water District, its directors, officers, employees, or authorized volunteers.

1. It is understood and agreed to by the parties hereto and the insurance

company(s), that the Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary, and Stockton East Water District insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory using the ISO endorsement CG 20 01 04 13 or coverage at least as broad.

2. Any failure to comply with reporting or other provisions of the policies including

breaches of warranties shall not affect coverage provided to Stockton East Water District, its directors, officers, employees, or authorized volunteers.

3. The Vendor's insurance shall apply separately to each insured against whom

claim is made or suit is brought, except with respect to the limits of the insurer's liability.

4. Each insurance policy required above shall provide that coverage shall not be

canceled, except with notice to the Stockton East Water District.

The automobile liability policy is to contain, or be endorsed to contain the following provisions:

5. Pollution Liability - Broadened Coverage for Covered Autos using ISO Form CA

9948, or insurer’s equivalent.


43

6. Endorsement for Motor Carrier Policies of Insurance for Public Liability Under

Sections 29 and 30 of the Motor Carrier Act of 1980 - Form MCS 90. In the event that the automobile liability policy contains an exclusion for Wrong Delivery of

Liquid Products, ISO Form CA 2305, or insurer’s equivalent, the general liability policy shall be endorsed to provide this coverage.

Such liability insurance shall indemnify the Vendor and their sub-vendors against loss from liability imposed by law upon, or assumed under contract by, the Vendor or their sub-vendors for damages on account of such bodily injury (including death), property damage, personal injury, completed operations, and products liability. The general liability policy shall cover bodily injury and property damage liability, owned and non-owned equipment, blanket contractual liability, products liability, completed operations liability, and explosion. The automobile liability policy shall cover all owned, non-owned, and hired automobiles. All of the insurance shall be provided on policy forms and through companies satisfactory to Stockton East Water District. Deductibles and Self-Insured Retentions - Any deductible or self-insured retention must be declared to and approved by Stockton East Water District. At the option of Stockton East Water District, the insurer shall either reduce or eliminate such deductibles or self-insured retentions. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named or additional insureds, co-insurers, and/or insureds other than the First Named Insured. Acceptability of Insurers - Insurance is to be placed with insurers having a current A.M. Best rating of no less than A:VII or equivalent or as otherwise approved by Stockton East Water District. Workers' Compensation and Employer's Liability Insurance - The Vendor and all sub-contractors shall insure (or be a qualified self-insured) under the applicable laws relating to workers' compensation insurance, all of their employees working on or about the construction site, in accordance with the "Workers' Compensation and Insurance Act”, Division IV of the Labor Code of the State of California and any Acts amendatory thereof. The Vendor shall provide employer's liability insurance with limits of no less than $1,000,000 each accident, $1,000,000 disease policy limit, and $1,000,000 disease each employee. Vendor shall assume the immediate defense of and indemnify and save harmless Stockton East Water District and its officers and employees, agents, and consultants from all claims, loss, damage, injury, and liability of every kind, nature, and description brought by any person employed or used by Vendor, or any subcontractor, to perform the Work under this contract regardless of responsibility or negligence. Vendor hereby agrees to waive rights of subrogation which any insurer of Vendor may acquire from Vendor by virtue of the payment of any loss. Vendor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation. The Workers'


44

Compensation Policy shall be endorsed with a waiver of subrogation in the favor of the Stockton East Water District for all work performed by the Vendor, its employees, agents and subcontractors. Evidences of Insurance - Prior to execution of the agreement, the Vendor shall file with Stockton East Water District a certificate of insurance (Acord Form 25-S or equivalent) signed by the insurer’s representative evidencing the coverage required by this agreement. Such evidence shall also include (1) attached additional insured endorsements with primary & non-contributory wording, (2) Workers' Compensation waiver of subrogation, and (3) a copy of the CGL declarations or endorsement page listing all policy endorsements, and confirmation that coverage includes or has been modified to include Required Provisions 1-7 above. The District reserves the right to obtain complete, certified copies of all required insurance policies, at any time. Failure to continually satisfy the Insurance requirements is a material breach of contract. The Vendor shall, upon demand of Stockton East Water District, deliver to Stockton East Water District such policy or policies of insurance and the receipts for payment of premiums thereon. Continuation of Coverage - If any of the required coverages expire during the term of this agreement, the Vendor shall deliver the renewal certificate(s) including the general liability additional insured endorsement to Stockton East Water District at least ten (10) days prior to the expiration date. Sub-Contractors - In the event that the Vendor employs other Vendors (sub-contractors) as part of the work covered by this agreement, it shall be the Vendor’s responsibility to require and confirm that each sub-contractor meets the minimum insurance requirements specified above. Stockton East Water District reserves the right to modify these insurance requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage or other circumstances. Workers' Compensation and Employer's Liability Insurance - The Vendor and all sub-vendors shall insure (or be a qualified self-insured) under the applicable laws relating to workers' compensation insurance, all of their employees working on or about the construction site, in accordance with the "Workers' Compensation and Insurance Act”, Division IV of the Labor Code of the State of California and any Acts amendatory thereof. The Vendor shall provide employer's liability insurance with limits of no less than $1,000,000 each accident, $1,000,000 disease policy limit, and $1,000,000 disease each employee.


45

PUBLIC NOTICE

Stockton East Water District Acutely Hazardous Material

General Public Notification Form

The Stockton East Water District – Dr. Joe Waidhofer Drinking Water Treatment Plant (WTP) is a potable water treatment facility located approximately 5 miles east of central Stockton in San Joaquin County, California. This facility stores a maximum of 12 one ton containers of chlorine gas, which are routinely changed. The District also receives shipments to replace the used containers. A general assessment of the circumstances will dictate the level of action required during an emergency response to any critical situation. In the event of an emergency, such as an uncontrolled release of chlorine gas, that requires evacuation of the facility, all personnel will be alerted by a siren alarm, and expected to immediately determine wind direction, and promptly exit the premises to a safe area. (See the attached District map for the appropriate evacuation areas) Visitors and/or Contractors must notify facility personnel if an injury occurs while on the WTP premises. The Visitors and/or Contractors will be given a claim form to be completed and returned to the Stockton East Water District. This must be done to establish the injury as a legitimate event that occurred at the facility. Please indicate your reason for visiting or occupying the facility: Contractor/Subcontractor Number of persons: ___________________ Business Name: __________________________________________________________ Project: _________________________________________________________________ Tour Group Number of persons: ___________________ School/Affiliation Name: ___________________________________________________ Other Number of persons: ___________________ Name: __________________________________________________________________ Representative: _____________________________ (Print)

Date & Time In: _____________________________

Signature: _____________________________


46

Date & Time Out: _____________________________

Signature: _____________________________ I AM AWARE THAT THESE ACTIVITIES ARE HAZARDOUS ACTIVITIES AND I AM VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED, AND AGREE TO ASSUME ANY AND ALL RISKS OF BODILY INJURY, DEATH OR PROPERTY DAMAGE, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN.

I verify this statement by placing my initials here: ______________

I forever release SEWD, and any SEWD affiliated organization, and their respective directors, officers, employees, volunteers, agents, contractors, and representatives (collectively “Releasees”) from any and all actions, claims, or demands that I, my assignees, heirs, distributes, guardians, next of kin, spouse, and legal representatives now have, or may have in the future, for injury, death, or property damage, related to (i) my participation in these activities, (ii) the negligence or other acts, whether directly connected to these activities or not, and however caused, by any Releasee, or (iii) the condition of the premises where these activities occur, whether or not I am then participating in the activities. I also agree that I, my assignees, heirs, distributes, guardians, next of kin, spouse and legal representatives will not make a claim against, sue, or attach the property of any Releasee in connection with any of the matters covered by the foregoing release.

I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND RELEASEES, AND SIGN IT OF MY OWN FREE WILL.

Signature: _____________________________

Date: _____________________________


47

PLAN VIEW MAP