FINAL WRD RFP For Chemical Procurement
FINAL WRD RFP For Chemical Procurement
FINAL WRD RFP For Chemical Procurement
(RFP-18-002)
PROPOSAL DUE:
Tuesday, November 20, 2018, 12 p.m. PST
Submit Sealed Proposal To:
Attn: Melody Wu, Project Administrator
Water Replenishment District of Southern California
4040 Paramount Boulevard
Lakewood, CA 90712
Phone: (562) 921-5521
www.wrd.org
NOTICE TO PROPOSERS
Request for Proposal for
Supply and Delivery of Chemicals to All WRD Water Treatment Facilities
This Request for Proposal (RFP) describes the required scope of work, the information that must
be included in the proposal, and the proposal selection process. Proposers are encouraged to
carefully review this RFP in its entirety prior to submitting their proposals. Failure to submit
information in accordance with these requirements and procedures may be cause for
disqualification. This RFP is available for downloading from the WRD website:
http://wrd.org/content/business-opportunities.
SOLICITATION SCHEDULE: Milestones for the RFP process are summarized in the table
below. The District reserves the right to modify the schedule below at its discretion. Proper
notification changes will be made to interested proposers.
RFP Issued by WRD November 1, 2018
Pre-Proposal Meeting (mandatory) November 8, 2018, 3 p.m. to 4 p.m
Deadline for Questions Regarding this RFP Monday, November 19, 2018, 9 a.m.
Proposals Due Tuesday, November 20, 2018, 12 p.m.
Interviews (if conducted) Week of November 26, 2018
WRD Board Awards Contract December 5, 2018
QUESTIONS REGARDNG THIS RFP: All questions regarding the technical aspects or
general requirements/provisions of this Request for Proposal (RFP) must be directed in writing
to Melody Wu, Project Administrator, via e-mail: procurement1@wrd.org, with the subject
heading “Question – RFP-18-002 by no later than Monday, November 19, 2018, 9 a.m.. WRD
will only accept questions within the deadline listed above.
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities i
November 1, 2018 RFP-18-002
Questions received from prospective proposers and responses from WRD, will be formally
documented in a Question and Answer (Q&A) table that will issued periodically and be posted
on the WRD website: http://wrd.org/content/business-opportunities. The Q&A table will be
updated regularly as questions are received from prospective proposers.
DEADLINE FOR PROPOSALS: Five (5) hard copies and one (1) electronic copy of the
proposal must be received in a sealed envelope by WRD no later than Tuesday, November 20,
2018, 12 p.m., or such later time that WRD may announce by addendum to proposers at any
time prior to the submittal deadline. The envelope shall be plainly marked on the exterior
“PROPOSAL FOR Supply and Delivery of Chemicals to All WRD Water Treatment Facilities”
and with the name and address of the Proposer. Envelopes containing proposals will be time
stamped upon receipt by WRD.
Proposals received after the deadline will not be considered under any circumstances. Faxed or
e-mailed proposals will not be accepted. There will be no formal opening of the received
proposals. WRD reserves the right to reject any and/or all proposals received.
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities ii
November 1, 2018 RFP-18-002
TABLE OF CONTENTS
Section Page
1.0 Introduction ............................................................................................................................ 1
2.0 Background ............................................................................................................................ 1
3.0 Scope of Work ....................................................................................................................... 7
3.1 Delivery Requirements ................................................................................................. 7
3.2 Safety Requirements ................................................................................................... 10
3.3 Warranties ................................................................................................................... 11
4.0 General Specifications ......................................................................................................... 12
5.0 Chemical Specifications....................................................................................................... 14
5.1 Aqueous Ammonia ..................................................................................................... 15
5.2 Calcium Chloride ........................................................................................................ 15
5.3 Calcium Hydroxide (Hydrated Lime Slurry) .............................................................. 15
5.4 Citric Acid ................................................................................................................... 16
5.5 Ferric Chloride ............................................................................................................ 16
5.6 Hydrogen Peroxide ..................................................................................................... 16
5.7 Orthophosphate ........................................................................................................... 17
5.8 Sodium Bisulfite ......................................................................................................... 17
5.9 Sodium Fluoride.......................................................................................................... 17
5.10 Sodium Hydroxide (Liquid Caustic Soda) .................................................................. 17
5.11 Sodium Hypochlorite (Bleach) ................................................................................... 18
5.12 Sodium Tripolyphosphate (Stpp) ................................................................................ 19
5.13 Sulfuric Acid ............................................................................................................... 19
5.14 Threshold Inhibitor / Antiscalant ................................................................................ 19
5.15 Clean-In-Place (CIP) Chemicals ................................................................................. 20
6.0 Desired Qualifications ......................................................................................................... 21
7.0 Proposal Contents ................................................................................................................ 21
7.1 Title Page .................................................................................................................... 22
7.2 Cover Letter ................................................................................................................ 22
7.3 Table of Contents ........................................................................................................ 22
7.4 Company Background ................................................................................................ 22
7.5 Project Team and Qualifications ................................................................................. 22
7.6 Project Overview and Aproach ................................................................................... 23
7.7 Additional Services ..................................................................................................... 24
7.8 Information Required from Proposer .......................................................................... 24
7.8.1 Exhibit A – Guaranteed Maximum Price Table ............................................. 24
7.8.2 Exhibit B – Chemical Proposal Forms............................................................ 25
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities TOC-1
November 1, 2018 RFP-18-002
TABLE OF CONTENTS
Section Page
7.9 Local Business Enterprise (LBE) and Small Business Enterprise (SBE) and Veteran
Business Enterprise (VBE) ......................................................................................... 25
7.10 Experience and Record of Past Performance .............................................................. 25
7.11 Conflict of Interest ...................................................................................................... 26
7.12 WRD Standard Contract ............................................................................................. 26
7.13 Other Information ....................................................................................................... 26
8.0 Proposal Submission Requirements ..................................................................................... 27
8.1 Proposal Format .......................................................................................................... 27
8.2 Proposal Signing ......................................................................................................... 28
8.3 Proposal Submittal Procedures ................................................................................... 28
8.4 Proposal Preparation Costs ......................................................................................... 28
9.0 Pre-Proposal Meeting........................................................................................................... 29
10.0 Selection Process ................................................................................................................. 29
11.0 Evaluation Criteria ............................................................................................................... 30
11.1 Project Team and Qualifications ................................................................................. 30
11.2 Project Understanding and Approach ......................................................................... 31
11.3 Performance on Similar or Related Projects ............................................................... 31
11.4 Guaranteed Maximum Prices ...................................................................................... 32
11.5 Organizational and Support Resources ....................................................................... 32
11.6 LBE, SBE, and VBE Preference ................................................................................. 32
12.0 General Provisions ............................................................................................................... 33
12.1 Entire Agreement ........................................................................................................ 33
12.2 Contract Amendments ................................................................................................ 33
12.3 Term of Contract ......................................................................................................... 33
12.4 Ownership and Use of Documents ............................................................................. 34
12.5 Business Records Access and Retention..................................................................... 34
12.6 Termination ................................................................................................................. 34
13.0 Terms And Conditions ......................................................................................................... 34
13.1 Proposal Rejection ...................................................................................................... 34
13.2 Proposal Clarification and Requests for Additional Information ............................... 34
13.3 Proposal Validity Period ............................................................................................. 35
13.4 RFP Revisions and Addenda ...................................................................................... 35
13.5 Confidentiality ............................................................................................................ 35
14.0 Legal Policies ....................................................................................................................... 36
14.1 Compliance ................................................................................................................. 36
14.2 Governing Laws and Requirements ............................................................................ 36
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities TOC-2
November 1, 2018 RFP-18-002
TABLE OF CONTENTS
Section Page
14.3 Public Releases ........................................................................................................... 36
14.4 Business License ......................................................................................................... 36
14.5 WRD’s Property.......................................................................................................... 36
LIST OF FIGURES
Figure 1: Locations of WRD Treatment Facilities ........................................................................ 2
LIST OF TABLES
Table 1: Summary of WRD Treatment Facilities .......................................................................... 1
Table 2: LVL Chemical Usage and Storage Summary .................................................................. 4
Table 3: Goldsworthy Desalter Chemical Usage and Storage Summary ...................................... 5
Table 4: ARC Chemical Usage and Storage Summary ................................................................. 6
LIST OF EXHIBITS
Exhibit A: Guaranteed Maximum Price Table to be Completed for Chemicals
Exhibit B: Chemical Proposal Forms to be Completed for Each Chemical
Exhibit C: Contractor and Subcontractor Status as LBE, SBE, and VBE
Exhibit D: Key Personnel Participation in Example Projects
Exhibit E: WRD Standard General Services Agreement
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities TOC-3
November 1, 2018 RFP-18-002
Request for Proposal for
Supply and Delivery of Chemicals to All WRD Water Treatment
Facilities
1.0 INTRODUCTION
The Water Replenishment District of Southern California (WRD or District) is a State Special
District that was established in 1959 under the California Water Code (Division 18, §60000
through §60622) to manage the groundwater resources within the Central Basin and West Coast
Basin in southern Los Angeles County. WRD’s mission is to provide, protect, and preserve
high-quality groundwater through innovative, cost-effective and environmentally sensitive basin
management practices for the benefit of residents and businesses of these groundwater basins.
The aquifers in the Central Basin and West Coast Basin provide for about 40 percent of the total
water needs for the people and businesses in the 43 cities covering WRD’s 420-square mile
service area.
To accomplish its mission, WRD conducts managed aquifer recharge using imported water,
recycled water, and stormwater, prevents seawater intrusion through injection of imported water
and recycled water into coastal barrier wells, protects and preserves groundwater quality through
monitoring, testing, data analysis, and treatment, and ensures a future supply of reliable
groundwater through planning, conjunctive use, and development of new projects. More
information regarding the WRD can be found at www.wrd.org.
2.0 BACKGROUND
WRD owns three (3) water treatment facilities, as summarized in Table 1 below. Figure 1
below depicts WRD’s existing and proposed treatment facilities.
TABLE 1
SUMMARY OF WRD WATER TREATMENT FACILITIES
FACILITY NAME AND
NO. ADDRESS DESCRIPTION
1 Leo J. Vander Lans Advanced This existing treatment plant produces advanced treated recycled
Water Treatment Facility water for injection into underlying aquifers along the coast to
(LVL), prevent seawater intrusion. The design production capacity of
7380 East Willow Street, the LVL is 8 million gallons per day (MGD); however, in the
Long Beach, CA 90815 last several years, LVL has only produced approximately 3
MGD annually due to various operational issues. The LVL
currently is operated by the Long Beach Water Department
under contract with WRD.
TECHNICAL DETAILS:
Reverse Osmosis (RO) Trains 1 and 2
o Flow Array is 72:36
o 7 Elements per vessel
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities 1
November 1, 2018 RFP-18-002
TABLE 1
SUMMARY OF WRD WATER TREATMENT FACILITIES
FACILITY NAME AND
NO. ADDRESS DESCRIPTION
o Two 5,875-gallon clean-in-place (CIP) tanks
RO Trains 3, 4, and 5
o Flow array is 11:11, but not staged; each vessel in the
first directly feeds the second
o 4 Elements per vessel
o One 2,012-gallon CIP tank
TECHNICAL DETAILS:
Two RO Trains
o 1st Stage – 42 vessels
o 2nd Stage – 24 vessels
7 membranes per vessel
One 4,500-gallon CIP tank
3 Albert Robles Center This treatment plant is currently under construction and has the
Advanced Water Treatment design capacity to produce up to approximately 13,000 acre-feet
Facility (ARC), per year (AFY) of advanced treated recycled water for injection
4320 and 4330 San Gabriel and delivery to the Montebello Forebay Spreading Grounds for
River Parkway, groundwater recharge. Maximum capacity of the plant is 14.8
Pico Rivera, CA 90660 MGD. In January 2019, ARC is expected to begin full
operations. For the next two years, this treatment plant will be
operated by PERC Water.
TECHNICAL DETAILS:
Primary RO (4 Trains)
o 1st stage – 72 vessels
o 2nd stage – 30 vessels
Third stage RO (4 Trains)
o 15 vessels
7 membranes (8” diameter) per vessel
8,000 gallon CIP tanks
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities 2
November 1, 2018 RFP-18-002
ARC
GOLDSWORTHY
DESALTER
LVL
Chemicals are required as part of the treatment processes at all the WRD plants. Chemical
consumption rates and storage facilities at LVL, Goldsworthy Desalter, and ARC are listed in
Tables 2, 3, and 4, respectively. Chemical consumption rates in these tables are working
estimates only, since they are dependent upon finished water flowrates and may vary due to
source water availability, equipment failure, scheduled cleaning procedures, etc. Please note that
Tables 2 through 4 do not provide chemical usage at full plant design capacities at the
Goldsworthy Desalter and LVL (see Table 1 for details), and ARC is still under construction. It
will be the Contractor’s responsibility to estimate the quantities of chemicals to be furnished
based on plant design capacities and history of operations and develop their Guaranteed
Maximum Pricing for chemicals accordingly. The quantities specified in Tables 2 through 4 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.
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities 3
November 1, 2018 RFP-18-002
TABLE 2
LVL CHEMICAL USAGE AND STORAGE SUMMARY
Approx. Annual
Consumption at 3 MGD Number of Tank Nominal
Concentration Specific Plant Production* Storage Capacity, each
Chemical (%) Gravity (gallons [wet]) Tanks (gal)
*Design capacity of the plant is 8 MGD, so there is a potential for higher chemical consumption rates than what is shown.
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities 4
November 1, 2018 RFP-18-002
TABLE 3
GOLDSWORTHY DESALTER CHEMICAL USAGE AND STORAGE SUMMARY
*Design capacity of the plant is 5 MGD, so there is a potential for higher chemical consumption rates than what is shown.
NA = Not available
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities 5
November 1, 2018 RFP-18-002
TABLE 4
ARC CHEMICAL USAGE AND STORAGE SUMMARY
Approx. Annual
Consumption at 10,000 AFY
Plant Production* Number of Tank Nominal
Concentration Specific Storage Capacity, each
Chemical (%) Gravity gal (wet) lb (dry) Tanks (gal)
* Design capacity is up to 13,000 AFY, so there is a potential for higher chemical consumption rates than what is shown.
NA = Not available
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities 6
November 1, 2018 RFP-18-002
3.0 SCOPE OF WORK
The Contractor shall, in good workmanlike and professional manner, supply and deliver the
chemicals listed in Exhibit A to the three water treatment facilities specified in Table 1. Tables 2
through 4 list the chemicals required at each of the WRD treatment plants along with the
estimated annual chemical usage quantities. Proposers are cautioned not to rely on these usage
rates for estimating future supplies to WRD, especially given the fact that Tables 2 and 3 do not
provide chemical usage at full plant design capacities at LVL and the Goldsworthy Desalter,
respectively, and ARC is still under construction. Thus, it is the Contractor’s responsibility to
estimate the quantities of chemicals to be furnished based on plant design capacities and history
of operations and develop their Guaranteed Maximum Pricing for chemicals accordingly.
WRD’s chemical purchases will be based on its actual needs and requirements. Hence, WRD
makes no representation nor guarantee regarding the quantity of chemical that WRD may
purchase from the Contractor during the term of the Contract, or the frequency of delivery
orders. Neither an increase, regardless of extent, nor decrease, regardless of extent, in the actual
quantity delivered compared to the estimated quantity described herein shall entitle the
Contractor to an adjustment in the unit price or to any other compensation.
2. Delivery of chemical(s) shall be made in quantities and to the location requested by the
WRD representative. Delivery shall be made no more than three (3) days after written
order from the District or its representative(s), unless pre-approved by the District. In
stating the length of delivery time, the Contractor shall consider Saturday and Sunday as
regular workdays.
4. Chemical products generally shall be delivered on regular workdays (i.e. Monday through
Friday) between the hours of 7:30 a.m. and 1:30 p.m. However, WRD reserves the right
to request weekend deliveries or extend delivery hours based on the facility work
schedule.
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities 7
November 1, 2018 RFP-18-002
reasonable accommodations regarding delivery hours as specified in Item No. 4 above. In
addition, WRD recognizes that expedited deliveries may be subject to premium payment.
The Contractor will be obligated to abide by a pricing schedule that is reasonable and
within standard industry practices. If applicable, this pricing schedule should be included
in the proposal.
6. The Contractor shall notify the duty operators (to be provided by WRD upon award of
Contract), not less than thirty (30) minutes prior to the estimated time of delivery.
7. Delivery shall include transferring each chemical product into the designated areas at the
treatment plant. Chemical delivery drivers will not leave their trucks unattended at any
time during the off-loading process.
8. If the Contractor fails to meet the delivery schedule requested or within the maximum
period of three (3) calendar days, WRD shall deduct the sum of Five Hundred Dollars
($500.00) per calendar day for each item that does not meet the delivery schedule, as
liquidated damages and not as a penalty for breach of Contract. In addition, WRD
reserves the right to obtain a like product from other available sources and charge the
Contractor the difference in the delivered price to WRD.
9. If the Contractor cannot deliver the chemical at the quality and/or quantity specified upon
a written order request, WRD shall have the right to obtain a like product from other
available sources and charge the Contractor the difference in the delivered price to WRD.
10. If the Contractor fails to comply within the stipulated time limit with two (2) successive
requests for delivery, the WRD shall have the right to terminate the Contract with no
further obligation or penalty, as described in the standard General Services Agreement
(see Exhibit E).
11. Air will not be supplied for trucks. Tank trucks used for the delivery of chemicals shall be
in good mechanical order and fully equipped to unload by pressurizing the tanks with
truck-supplied air or pump to convey the material from tanker into the chemical receiving
tank and also equipped with valves to control the flow of chemicals into the storage tanks
and enable rapid shut-off in an emergency.
12. There may not be a forklift available to unload deliveries, so if required, delivery trucks
must have a lift gate and supply a pallet jack. The delivery company/personnel shall be
solely responsible for moving and offloading all product(s).
13. Contractor shall furnish all necessary hoses, couplings, valves or adaptors to make proper
connection of the chemical tanks. This equipment shall be clean, free of contaminating
material, and able to be operated by the use of conventional tools designed for that
purpose. If offloading equipment is not properly cleaned, this will constitute a reason for
rejection of the load.
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities 8
November 1, 2018 RFP-18-002
14. The WRD reserves the right to periodic inspection of all equipment used by the contractor
for conveyance of chemicals to the chemical tanks. Further, the Contractor will provide,
at the WRD’s request, documentation related to equipment certification and maintenance
of such equipment.
15. The WRD treatment plants do not have facilities for washing down Contractor’s
equipment. Hoses, valves, and other equipment used by the truck driver in delivering the
chemical shall not be washed down at the District’s facilities.
16. For bulk (truck-load) deliveries, trucks shall be equipped with a meter to register the
quantity/volume delivered. Gross, tare, and amount tickets shall be provided with the
invoice for verification.
17. A packing slip listing all material(s) delivered, certified weight ticket(s), certificate(s) of
analysis, and Safety Data Sheet(s) (SDS) shall accompany the shipment of each chemical
and furnished prior to unloading. Upon request, the Contractor shall provide a safety
checklist to go through with WRD representatives during connect and disconnect and
unloading.
18. The methods of shipping chemical products shall fully conform to the shipping regulations
of the Interstate Commerce Commission, the Department of Transportation (DOT), and to
all other applicable state and local shipping regulations.
19. Truck loads must be secured with an unalterable tamper-evident seal or lock. If there is
evidence of tampering or the seal is broken, the shipment will not be accepted by WRD
and returned at the Contractor’s expense.
20. All chemical containers shall be carefully examined upon receipt. Any containers that
exhibit evidence of leakage, structural damage, corrosion, metal fatigue, improper
handling or filling, excessive layers of loose or peeling paint, or insufficient maintenance
shall be rejected and ordered removed from the site. All containers supplied shall be
maintained in such manner as to not subject those persons working near them to an undue
hazard.
21. The Contractor shall reclaim/remove all metal/plastic shipping containers delivered to
WRD, unless otherwise directed by WRD. Any costs associated with the return of
shipping containers will be the Contractor’s responsibility. As appropriate, spent
containers (e.g., totes, carboys, etc.) will be picked up as replacements are received and
any deposits paid by WRD will be refunded. WRD will ensure that all containers are
rinsed and staged for pickup.
22. WRD reserves the right to dispose of shipping pallets without notice or penalty.
Contractors desirous of reclaiming any pallets must make agreeable arrangements at the
time of product delivery.
23. The Contractor must guarantee that all delivery vehicles are in good, safe operating
condition. All operating and maintenance costs associated with routine operation of the
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities 9
November 1, 2018 RFP-18-002
vehicles shall be the responsibility of the Contractor. If it is determined that delivery
vehicles are not in proper working condition or properly maintained, this will constitute a
reason for rejection of the load and possible termination of the Contract.
2. The Contractor shall comply with all plant safety requirements and follow any direction
that may be given by site personnel.
3. The Contractor shall comply with the Safety Data Sheet (SDS) that must be provided at
the time of delivery regarding the hazards, handling, and physical and chemical properties
of each chemical.
4. The Contractor must ensure that their employees and/or subcontractors (including drivers)
are trained and must have reasonably sufficient experience and qualifications to work with
the hazards related to the job, operating the delivery vehicles and performing the job
safely, and properly responding in the event of an emergency per WRD facility’s
emergency action plan.
5. All delivery drivers must be properly licensed by the California Department of Motor
Vehicles and all other applicable agencies.
6. Within 30 days upon award of Contract, the selected Contractor(s) shall provide written
procedures, i.e. security plan, concerning compliance with their safety policies and
procedures to WRD for review and approval prior to commencement of deliveries. The
security plan must contain the following information at a minimum:
a. Ensure their employees and/or subcontractors are trained in safe work practices;
b. Ensure their employees and/or subcontractors are instructed in the known potential
fire, explosion, or toxic release hazards related to the job and applicable provisions of
the emergency action plan;
c. Document the required training and the means to verify their employees and/or
subcontractors have understood the training(s);
d. Ensure that their employees and/or subcontractors follow the WRD facility’s safety
rules and work practices;
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities 10
November 1, 2018 RFP-18-002
f. Appropriate Contractor telephone numbers; and
g. Emergency procedures for spills, leaks, fire, disposal, and first aid.
7. The Contractor shall provide all necessary safety equipment for use by its personnel. This
shall include but is not limited to wearing OSHA-approved eye protection, chemical
resistant gloves and boots, clothing that are resistant to chemicals, hard hat, high-visibility
safety vest, hearing protection, and any additional equipment specified in the SDS. Face
shields must also be worn when working around pressurized chemical systems. Delivery
personnel are required to don and utilize all required safety equipment while on WRD
property and implement all applicable safety practices. Failure to comply with the site
safety requirements and SDS standards shall result in the rejection of the delivery at the
Contractor’s expense and possible termination of the Contract.
8. Upon request, the Contractor must provide to WRD a copy of its injury and illness log and
training records. Training records must contain the following information: the identity of
the employees, the dates of training, and the means used to verify that the training was
conducted.
3.3 WARRANTIES
The Contractor shall expressly represent, warrant, and agree that all goods, equipment,
machinery, materials, services, or product provided or performed on or off District premises
relative to their Contract will: 1) conform in all respects to the specifications provided herein,
and 2) conform to all applicable industry standards, local, state, and federal laws and regulations.
The Contractor shall warrant the quality of the chemical it delivers will be as set forth in this
RFP. Each chemical product must be certified approved by American National Standards
Institute/National Sanitation Foundation (ANSI /NSF), NSF/UL, or ANSI/UL
Standard 60/61 as of the proposal submission date and shall have a name and/or number
designation that corresponds with the NSF approval list. The Bill of Lading shall certify that the
chemical product was manufactured at and shipped from an NSF/ANSI, NSF/UL, or ANSI/UL
certified plant.
WRD reserves the right to inspect, sample, and test any chemical product or load at any time
during delivery. Failure of any shipment to meet the specifications shall be subject to rejection
of the chemical(s). Further, at the direction of WRD, the Contractor may be subject to removal
of rejected chemical contained in the receiving tank/container at its sole expense and credit WRD
for all chemical products removed. Sample(s) of a delivered chemical, if requested, must be
furnished to WRD free of expense at the time of delivery. In order to ensure the sample is
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities 11
November 1, 2018 RFP-18-002
representative of the chemical being delivered, the sample will be drawn from the delivery truck
via a sample port. Samples may be collected from any delivery, at any frequency, and at any
point during any delivery. If requested by the Contractor and not already destroyed by tests,
WRD may return samples to the Contractor at the Contractor’s expense.
2. The Contractor shall be responsible for furnishing the equipment to accomplish the
delivery of the chemical. The Contractor must provide all adapters necessary to connect
with the District’s facilities.
3. Delivery trucks shall have equipment necessary for safe handling, unloading, and stoppage
of any leaks in the course of transit or unloading.
4. Should any damage to District property be caused by the Contractor or its agents, the
Contractor will be required to report the damage promptly to the on-site plant operator and
make repairs immediately, to the satisfaction of the District and at no cost to the District.
The District may, however, elect to make repairs or replace the damaged property and
deduct the cost of repairs or replacement from monies due, or to become due to the
Contractor.
5. The District will provide one operator to act as observer during connection and
disconnection (approximately 30 minutes each). The Contractor shall not connect or
disconnect without the District’s personnel or representatives present. The WRD
representative will verify that the chemical delivered (per bill of lading) is connected to
the correct storage tank before the material is unloaded.
6. No chemical release during delivery is acceptable. The Contractor shall assume full
responsibility for all expenses and damages incurred by the District by reason of a
delivery accident, spill, or contamination incident. All chemical spills or leaks must be
contained, recovered, removed, and/or cleaned up immediately by the Contractor and/or
its subcontractor to the satisfaction of WRD and in a manner that complies with all
applicable environmental or safety regulations. Any decontamination required due to a
spill or leak also is the responsibility of the Contractor and/or its subcontractor. Any
unauthorized chemical release may be cause for Contract termination. The Contractor will
be responsible for all costs associated with the spill, including abatement, emergency
response, cleanup, repair of property, any fines and penalties which may be imposed by
regulating authorities, and plant down time due to the spill or cleanup.
Any spill or product loss shall be reported to the on-site WRD representative immediately
and followed with a written reported submitted to WRD within 24 hours of the incident
that shall contain at least the following: 1) a description and estimate of the amount of
chemical spilled, 2) whether the amount spilled is EPA/State reportable and if the spill has
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities 12
November 1, 2018 RFP-18-002
already been reported, 3) the spill containment and cleanup procedures implemented, and
4) any communications with the press or governmental entities. No product delivery will
resume until WRD has authorized the continuation of services.
7. Contractor shall provide a 24-hour phone number where qualified personnel can be
contacted in the event of an emergency or to provide technical assistance. It will be the
Contractor’s responsibility to notify WRD of any changes of phone numbers.
8. Contractor (and their transportation companies, if applicable) shall send a list of names of
representatives that are authorized to enter the WRD facilities on their behalf. WRD
reserves the right to run background checks on any persons that may be authorized to enter
their facilities. This list will be kept current and provided to WRD upon any personnel
changes. Thirty (30) days notice must be given to WRD before a new employee can be
introduced to the site. All new personnel are required to receive a site-specific safety
orientation before they can perform any work at the site.
9. If at any time, any chemical supplied by the Contractor fails to conform to the chemical
specifications contained herein or causes solids, handling, or operational hardship
(including inadvertent filling of the wrong chemical tank), then the Contractor shall, at no
additional cost to WRD, promptly remove all the chemical contained in WRD’s receiving
tank/container, including any remaining chemical from previous shipments, replace the
item within 24 hours, and remediate the tank or other affected equipment as necessary.
10. Contractor will supply chemical(s) at the proposal price, as awarded by Contract, through
the Contract term. District will buy the designated chemical(s) at said prices from
Contractor, except where District determines Contractor cannot make delivery within the
time specified or with the quality and quantity specified, at which time the District may
purchase chemical(s) elsewhere and charge the Contractor any difference in the delivered
price to the District.
11. WRD may cancel an order before delivery without penalty or charge, providing that the
Supplier has not incurred any special production costs such as custom fabrication in
fulfilling the order. If WRD cancels an order after production has begun but before
transportation for a non-standard or custom order, then the Supplier may charge WRD
reasonable expenses incurred up to the date of the cancelation, that cannot be reasonably
avoided or offset by the Supplier, not in any event to exceed 20% of the total value of the
order.
12. Contractor shall keep complete and accurate records of all chemicals delivered to the
WRD facilities, including the delivery address, amount(s) delivered, and any problems
encountered during transport and delivery. At no additional cost and upon request by
WRD, the Contractor shall promptly provide accurate and timely reports regarding its
services to WRD.
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities 13
November 1, 2018 RFP-18-002
delivery. The certificate of analysis shall be based on a representative sample of the
specific batch or lot of chemical currently being used to make deliveries. This report shall
contain at a minimum the following:
Place of origin
Date of chemical manufacture,
Date of delivery,
Shipper ID or batch number,
Specific gravity, if applicable,
% Concentration of chemical, if applicable,
Appearance, and
Other information required by the chemical specifications (see Section 5.0 for
details) and the Chemical Proposal Forms (see Section 7.8.2 for details).
No deliveries will be accepted unless accompanied by said certificate of analysis for the
specific batch or lot of chemical delivered and the specifications listed herein are met.
Charges for the certificates of analysis shall be included in the Guaranteed Maximum
Price (see Section 7.8 for details). Failure to supply the required certificate of analysis
shall be sufficient cause to reject the load.
14. WRD reserves the right to cancel the Contract or any part thereof and reject delivery of
goods if delivery is not undertaken and completed as required and in accordance with the
specifications. Contractor shall be charged for any direct losses, and consequential
damages, sustained by WRD by reason of such delay or failure, excepting losses caused
by a delay for reasons beyond Contractor’s reasonable control. Direct losses shall include
any costs to WRD in excess of the Contract price of obtaining goods from other sources
similar to those canceled or rejected hereunder.
15. All chemical usage quantities stated herein are only ESTIMATES. WRD reserves the
right to increase or decrease these estimated quantities based on its actual needs.
16. Upon periodic requests by the WRD, the Contractor shall meet with WRD and its
representatives to discuss the status of services provided to WRD. In addition, the
Contractor shall be available for in-person meetings with all appropriate WRD
representatives to discuss any service-related problem(s) and/or possible Contract
violation(s).
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities 14
November 1, 2018 RFP-18-002
The chemicals required at the WRD treatment facilities shall conform to the chemical
specifications contained herein. See Exhibit A for the specific gravity, concentration, and
estimated delivery ranges of all chemicals that are required for all three WRD treatment
facilities.
The aqueous ammonia solution shall be colorless, transparent, food grade (i.e. Premium Grade),
and contain no soluble or organic substances in quantities capable of producing deleterious or
injurious effects on public health. Additionally, the product shall be free from contaminating
substances which could interfere with normal operation of plant facilities by causing clogging or
blockage of feed lines, valves, strainers, or measuring devices.
Tank trucks used for delivery of aqueous ammonia solution shall be fully equipped to unload by
pumping the tanks and shall be fitted with vapor return lines. Tank trucks shall also be equipped
with valves to control the flow of aqueous ammonia solution into the storage tank and to enable
rapid shut-off if an emergency arises. Each shipment of aqueous ammonia shall be accompanied
by a certified statement giving the ammonia (NH3) concentration at 15°C, the specific weight of
solution at 15°C, the concentration of heavy metals (as lead [Pb]), and carbon dioxide (CO2) of
the product delivered.
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities 15
November 1, 2018 RFP-18-002
The liquid calcium hydroxide shall be shipped via tank trucks which meet the cleanliness
required in drinking water treatment. The delivery truck shall provide all necessary equipment
and means to offload to the above ground chemical storage tank.
The liquid citric acid shall be shipped via tank trucks which meet the cleanliness required in
drinking water treatment. The product delivery truck shall be capable and provide all necessary
equipment and means to offloading to the aboveground chemical storage tank.
The product delivered shall have a ferric chloride (FeCl3) concentration by weight of not less
than 37% or more than 47%. The delivered ferric chloride must not freeze or crystallize during
shipment or storage prior to receipt by WRD.
Each shipment of FeCl3 shall be accompanied by a certified statement giving the specific gravity,
percent FeCl3, percent total iron as iron, percent free acid as hydrochloric acid (less than 1.0%),
percent total insoluble matter by weight (less than 0.2%), manganese (Mn) concentration not to
exceed 1 gram (g) of Mn per 1000 g FeCl3, and pounds per gallon of the total ferric chloride
concentration expressed as FeCl3.
Payment for the ferric chloride in bulk will be based on the certified net weight multiplied by the
percent of available ferric chloride.
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities 16
November 1, 2018 RFP-18-002
5.7 ORTHOPHOSPHATE
Orthophosphate, specifically Carus 8100 Phosphate 70/30, shall be furnished and delivered to the
Goldsworthy Desalter only. The orthophosphate must meet AWWA Standard B506 (or latest
edition) for use in potable water. The orthophosphate shall be shipped via tank trucks which
meet the cleanliness required in drinking water treatment. The product shall be clean and free of
visible suspended matter and contain no mineral or organic substances in quantities capable of
producing deleterious or injurious effects on public health or water quality when used during
treatment processes.
The liquid sodium bisulfite shall be shipped via tank trucks which meet the cleanliness required
in drinking water treatment. All hatches of the product tanker are to be sealed and furnished with
numbered seal tags. Tags are to be removed only in the presence of plant staff and provided to
plant staff upon arrival and/or offloading. The product delivery truck shall be capable of
offloading to the aboveground chemical storage tank.
Caustic soda shall comply with AWWA Standard B501 (or latest edition) and shall contain no
soluble material or organic substances in quantities capable of producing deleterious or injurious
effects on public health, or causing water so treated to fail to meet State drinking water
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities 17
November 1, 2018 RFP-18-002
requirements. Each shipment of liquid caustic soda shall be accompanied by a certified
statement giving the specific gravity (60○F) of the solution, the percentages by weight of sodium
hydroxide (NaOH), sodium oxide (Na20), and the sodium carbonate (Na2C03) in the solution, the
heavy metals (as lead [Pb]) and, for payment purposes, the total equivalent weight of 76%
sodium oxide.
Each shipment shall also be accompanied by a certification of the net weight and a statement as
to the shipment volume, in gallons. Payment will be based on the equivalent weight of 76%
sodium oxide (Na2O), in each shipment of liquid caustic soda received, computed using the
following formula:
(Wt. of liquid caustic soda) x (% Na2O content / 0.76) = Eq. Wt. 76% Na2O
The liquid caustic soda shall be shipped via tank trucks which meet the cleanliness required in
drinking water treatment.
A certified shipment listing the specific gravity of the solution, the percentages by weight of
available chlorine, total free alkali (as NaOH), insoluble matter, and pH shall accompany each
shipment of sodium hypochlorite. The total free alkali (as NaOH) in the sodium hypochlorite
shall have a minimum of 0.15% and a maximum of 0.4% by weight. The product shall be
completely water soluble, have a pH between 11 and 13, specific gravity of 1.206, and a boiling
point of 110○C for 15% NaOCl.
Each shipment shall also be accompanied by a certification of the net weight and a statement of
the shipment as to volume, in gallons. The sodium hypochlorite shall be shipped in suitably
lined, thoroughly clean tank trucks.
Payment for the sodium hypochlorite in bulk shall be based on the certified net weight divided
by the pounds per gallon, multiplied by the Guaranteed Maximum Price (see Section 7.8.1 for
details).
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities 18
November 1, 2018 RFP-18-002
5.12 SODIUM TRIPOLYPHOSPHATE (STPP)
Sodium tripolyphosphate (STPP) shall be furnished and delivered to ARC only. STPP shall
comply with the applicable provisions of AWWA Standard B503 (or latest edition) and shall
contain no soluble material or organic substances in quantities capable of producing deleterious
or injurious effects on public health, or causing water so treated to fail to meet State drinking
water requirements.
The antiscalant solutions should be shipped in a suitably lined, thoroughly clean tank
trucks/containers. If the supplied antiscalant fails to prevent mineral scaling of the RO
membranes, the Contractor will provide cleaning chemicals to remove scale from the impacted
RO units.
Product failure will be defined as the formation and/or deposition of mineral scaling in the
elements while using a dosage proposed by the Contactor. Typical mineral scales could include,
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities 19
November 1, 2018 RFP-18-002
but is not limited to, calcium phosphate, silica, silicates, aluminum silicates, etc. Should scaling
occur, Contractor will immediately perform a cleaning study on an impacted element, and
provide at their cost the appropriate chemicals to clean the elements. The Contractor shall also
recommend cleaning procedures for all stages of each RO unit if deemed necessary to balance
fouling across the stages. The District will support the Contractor in closely monitoring the
system for signs of mineral scaling through the operation of monitoring systems.
Each shipment of product shall accompany all certificates of analyses, chain of custodies, and
other forms that address the product’s content, typical properties, purity, etc. The District can, at
its discretion, evaluate the bulk product for the properties listed herein and reject delivery
without penalty if they cannot be confirmed.
The CIP chemical solutions should be shipped in a suitably lined, thoroughly clean tank
trucks/containers. CIP chemicals shall contain no materials or components that deposit on or foul
the RO membrane elements. The Contractor shall be responsible for providing proof to WRD
that the CIP chemical is qualified as compatible with the membrane manufacturer’s requirements
and not void membrane warranty.
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities 20
November 1, 2018 RFP-18-002
The Contractor shall provide the CIP chemical dosage rate. Should use of the CIP chemicals
result in deterioration of the membrane elements, the Contractor shall replace the membrane
elements at no cost to WRD.
Proposals shall be prepared simply and economically, providing a straightforward and concise
description of how the proposal has satisfied all the requirements of this RFP. Emphasis shall be
on completeness and clarity of content with sufficient detail to allow for accurate evaluation and
comparative analysis. Excessive or irrelevant materials will not be favorably received.
The following subsections describe the contents required in the proposal. The proposal shall be
of such scope and depth to sufficiently describe and demonstrate the Proposer’s understanding of
and approach to the requested services.
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities 21
November 1, 2018 RFP-18-002
7.1 TITLE PAGE
Proposer should identify the RFP title, name and title of the firm’s contact person, address,
telephone number, fax number, email address, and date of proposal submission.
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities 22
November 1, 2018 RFP-18-002
the project team members, including subcontractors, if any. Describe other project commitments
by project team members and the anticipated level of involvement of each team member based
on the abilities and expertise required for the type of work desired by WRD.
Provide the resumes of all members of the project team, including subcontractors, such as
delivery drivers, as an appendix. Each resume shall not exceed three (3) pages and shall include
name and title, education, years with the company, licenses and certifications (issue and
expiration dates), home office location, relevant experience within at least the last five (5) years,
and other required qualifications discussed in this RFP.
The identified Project Manager will be WRD’s main point of contact for all assigned projects for
the duration of the Contract. The proposal shall include the Project Manager’s contact
information, including phone number and e-mail address.
Once a Contract has been executed, the Contractor must request approval of the District in
advance of any new personnel being assigned to the project. The District reserves the right to
reject or remove personnel performing services at any time for the duration of the Contract.
Approach to assignment of work within the firm and how team members will
conduct tasks and make deliveries,
Describe the Proposer’s approach to quality assurance and control, as well as any
performance guarantees,
Technical approach to assigned tasks, such as deployment strategies (how the work
will be implemented from written order to delivery), delivery methods, and
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities 23
November 1, 2018 RFP-18-002
7.7 ADDITIONAL SERVICES
Include any comments, suggestions, or additions the Proposer may have regarding the scope of
work or any other aspects of the work that the Proposer feels would be helpful to WRD in
selecting a firm for the services described in the RFP. Identify the potential impact(s) or
benefit(s) that these recommendations would have if accepted by WRD. Tasks above the
minimum to complete the work described herein shall be clearly identified as “optional” in the
proposal.
Each unit price shall be fully-loaded to include all costs to supply and deliver chemicals to any of
the three WRD treatment plants. Contractor shall be responsible for and pay all costs of delivery
and assume risk of loss and damage to the destination point. WRD shall not pay Contractor nor
its subcontractors for any direct or reimbursable expenses incurred for implementation of the
scope of services described herein, including but not limited to the manufacture and sampling of
chemicals, labor, cartage, mileage, equipment, supplies, assessments, surcharges, permits,
licenses, overhead, profit, markups, etc. Although WRD does not anticipate compensating the
Contractor for any additional items or expenses, any such additional amounts to be charged to
WRD should be identified in the proposal. Costs NOT listed in the price quote may not be added
at the time of invoicing.
Payment for delivered items shall be made in due course of payments by WRD after completion
of delivery and acceptance by the WRD Operations Superintendent or authorized WRD
representative and upon receipt of an invoice from the Contractor. Refer to Section 7.13 for
information that must be submitted with every invoice.
The Guaranteed Maximum Price shall be the Contract price for all items ordered. The price
quote shall include cost of delivery and ALL other associated fees to deliver chemicals to the
WRD facilities described in Section 2. Other costs NOT listed in the fee table may not be added
at the time of invoicing. Contractor shall deliver the materials, equipment, supplies or services,
or cause the work to be performed, within the time and in the manner specified in the Contract.
Times and dates stated herein are of the essence. If at any time Contractor has reason to believe
that deliveries will not be made as scheduled, written notice setting forth the cause of the
anticipated delay shall be given immediately to WRD. Payment shall be made upon delivery and
invoicing with all required attachments.
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities 24
November 1, 2018 RFP-18-002
7.8.2 Exhibit B – Chemical Proposal Forms
The Proposer also shall complete the Chemical Proposal Forms provided as Exhibit B for each
chemical listed in Exhibit A that the Proposer can supply and deliver. The Proposer shall
indicate, in the spaces provided on the Chemical Proposal Forms, the name of the producer, the
brand name or product designation, the source of the product to be furnished, proof of NSF/UL
certification, and results from an actual analysis of a sample of the product proposed to be
furnished (Safety Data Sheets [SDS] does not satisfy this requirement). Upon Contract
execution, it is the responsibility of the Contractor to submit a revised Chemical Proposal Form
to WRD if the manufacturer discontinues or replaces a product. Pricing must remain the same
for the substitute/replacement product.
Proposer shall quote his lowest price and best lead time for delivery, as no changes are permitted
after the proposal opening. It is expected that the indicated unit pricing provided by the Proposer
in Exhibit A will remain in effect for the entire term of the Contract, unless otherwise specified
and approved by WRD.
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities 25
November 1, 2018 RFP-18-002
4. A description of items, quantities, and delivery frequency provided for the
company/agency;
5. Special problems or difficulties encountered, such as delivery issues, spills, safety
violations, special PPE requirements, emergencies, etc. and how they were resolved by
the Contractor; and
6. Applicability and relevance of the referenced project to the services described in this
RFP.
The District at its discretion may contact other firms or agencies for additional information.
Failure to provide accurate contact information, adequate information or project reference
summaries may be cause for rejection of the proposal as being nonresponsive.
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities 26
November 1, 2018 RFP-18-002
A statement that the Proposal has been submitted as a firm and fixed request valid and
open for 90 days from the submission deadline.
A statement as to whether the Contractor has committed any safety violations, including
AWWA, OSHA, Cal OSHA, and DOT violations, in the last five (5) years. If there are
violations, please list the violations in the last 5 years and describe each one.
List all claims filed against the Contractor, including but not limited to OSHA violations
or those issued by the DOT, United States Environmental Protection Agency (USEPA),
California Department of Toxic Substances Control (DTSC), State Water Resources
Control Board (SWRCB), any Regional Water Quality Control Boards, SWRCB
Division of Drinking Water (DDW), etc. in the last five (5) years.
A statement that the Proposal is genuine and not sham or collusive nor made in the
interest or on behalf of any person not herein named; the Proposer has not directly nor
indirectly induced or solicited any other bidder to submit a sham proposal and the
Proposer has not in any manner sought by collusion to secure for himself or herself any
advantage over any other proposer.
A statement that the Proposer will meet the insurance requirements specified in the
District’s standard General Services Agreement, which is attached to this RFP as Exhibit
E.
All files shall be in a text searchable PDF format (i.e., not scanned images) compatible with
Adobe Acrobat Version 8.0 (at a minimum). The main directory of the flash drive shall contain
the entire proposal as a single PDF file. All sections of the PDF file shall be bookmarked.
All prices and notations must be typewritten or written in ink. Any markings in pencil shall not
form part of the proposal and shall be disregarded by WRD. Any changes or corrections in the
proposal must be initiated in ink by the person signing the proposal.
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities 27
November 1, 2018 RFP-18-002
8.2 PROPOSAL SIGNING
The proposal shall be wet-signed by an officer, or officers, authorized to execute legal
documents on behalf of the Proposer. The submission and signing of the proposal shall indicate
the intention of the Proposer to adhere to the provisions described in this RFP and certifies that
the proposal was prepared independently and was submitted without any collusion designed to
limit competition or bidding.
WRD will not be responsible for the proper identification and handling of any proposals
submitted incorrectly. Late proposals, late modification, or late withdrawals will not be
considered under any circumstances. There will be no formal opening of the received proposals.
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities 28
November 1, 2018 RFP-18-002
9.0 PRE-PROPOSAL MEETING
A mandatory pre-proposal meeting is scheduled for November 8, 2018, 3 p.m. to 4 p.m at
WRD’s Board Room located at 4040 Paramount Boulevard in Lakewood, California 90712.
Prospective proposers are encouraged to attend and present questions regarding all requirements
and provisions specified within the RFP and the Contractor selection process. Responses to
questions will be formally documented and distributed, as described in the Notice to Proposers.
Meeting participants are required to sign in and provide a business card upon arrival at the
meeting room. A copy of the sign-in sheet will be posted on the WRD website:
http://wrd.org/content/business-opportunities.
Firms that do not attend the mandatory pre-proposal meeting will be disqualified from the
selection process. Hence, any proposals received from firms that did not attend the mandatory
pre-proposal meeting will not be considered by WRD.
All responsive proposals will be evaluated by a selection committee formed by the District. The
proposal shall be of such scope and depth to sufficiently describe and demonstrate the Proposer’s
understanding, approach, and qualifications to successfully complete the scope of services
described herein. Submittal of incomplete or vague responses to any section or subsection of this
RFP may result in rejection of the proposal. Proposals will be evaluated, scored, and ranked
based on the criteria specified in Section 11 of this RFP.
Upon proposal evaluation, WRD reserves the right to initiate negotiations with the top-rated
proposer(s) for a particular item or items. If WRD is unable to reach an agreement with the top-
rated proposer(s), negotiations will be formally terminated. WRD will then negotiate with the
next highest-ranked proposer(s) and so on until an agreement is reached. Once negotiations with
a proposer are terminated, WRD will not renegotiate with that proposer.
WRD’s purchases of goods and services are based on WRD’s actual needs and requirements.
WRD reserves the right to purchase and pay for only those goods and services that WRD needs
and requires, and that WRD actually orders and receives. Any dollar amount identified as a “not
to exceed” amount in any WRD document is not a guaranteed payment amount to any contractor
or service provider.
The firm(s) that is recommended to the WRD Board of Directors for award of Contract will be
the one(s) whose proposal(s) is determined to be the most advantageous to the District in
consideration of price and all other evaluation factors that are set forth in this RFP. No other
factors or criteria not listed in this RFP shall be used in the evaluation.
Proposers are cautioned that comments and statements, whether oral or written, made by WRD
employees regarding the validity of proposals, the waiver of deviations from Specifications, the
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities 29
November 1, 2018 RFP-18-002
possibility or probability of an award being made to a particular proposer, and other similar
matters are NOT binding on WRD unless incorporated into the final Contract. Proposers should
not order materials, obtain financing, or take other actions based on such comments and
statements. Only authorization of a Contract by the WRD Board of Directors or issuance of a
Purchase Order is conclusive and binding on WRD with respect to this RFP and its resulting
Contract or Purchase Order.
Item
Criteria for Proposal Evaluations Maximum Points
No.
1 Project Team and Qualifications 10
2 Project Understanding and Approach 10
3 Performance on Similar or Related Projects 15
4 Guaranteed Maximum Prices 40
5 Organizational and Support Services 20
6 LBE/SBE/VBE Compliance 5
TOTAL POINTS: 100
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities 30
November 1, 2018 RFP-18-002
Familiarity all federal, state, and local regulations regarding the transport and delivery
of chemicals, including safety regulations.
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities 31
November 1, 2018 RFP-18-002
11.4 GUARANTEED MAXIMUM PRICES
The Guaranteed Maximum Prices, including any other fees indicated by Proposer, will be
evaluated with respect to the anticipated overall value for services proposed.
Assurance that delivery equipment shall be properly maintenance and clean and that
adequate safety equipment shall be supplied to all the Contractor’s delivery
personnel.
A Local Business Enterprise (LBE) is defined as a vendor, contractor, or consultant who has a
valid physical business address and an established place of business: (1) located within five miles
of the District’s service boundary or (2) located within a city that is situated within five miles of
the District’s service boundary.
A Small Business Enterprise (SBE) shall mean a small business enterprise certified as such by
any branch of the Federal Government, the State of California, or by any other Public Entity
within the State of California as defined by California Public Contract Code Section 1100. To
qualify for the SBE Preference, SBEs must be certified as such at the time the proposal is
submitted to the District. Proof of certification should be submitted to the District along with the
proposal, and not later than two (2) business days after the deadline for submitting proposals.
Proof shall include a copy of each SBE’s certification or other appropriate documentary evidence
by the certifying public entity. Proof of certification may be subject to verification by the
District. The District shall not, however, be required to verify the accuracy of any such
certifications, and shall have the sole discretion to determine if a respondent is a SBE.
Companies having certifications for Veteran Business Enterprise (VBE) may submit such
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities 32
November 1, 2018 RFP-18-002
certifications, which may be used by the District in partial fulfillment of the 20% SBE
participation.
For companies with multiple offices, the office affiliation of the proposed individuals working on
the project will be used as a means to estimate the company’s LBE participation.
For Local Business Enterprise (LBE), Small Business Enterprise (SBE), and Veteran Business
Enterprise (VBE) preference consideration, the Contractor and Subcontractor Status as LBE,
SBE, and VBE form (Exhibit C) must be completed.
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities 33
November 1, 2018 RFP-18-002
12.4 OWNERSHIP AND USE OF DOCUMENTS
Contractor will be required to treat WRD’s documents in confidence and shall indemnify WRD
in case of alteration, loss, or damage thereto. Contractor shall not release to the general public,
public agencies, or private businesses in any manner, any information, data, or documents
developed pursuant to the performance of services specified herein without the expressed written
consent of WRD.
Any preliminary or working drafts, notes, and inter-agency or intra-agency memoranda that are
not expected to be retained by the Contractor or WRD in the ordinary course of business shall be
exempt from disclosure to any public entity under provisions of the Public Records Act.
12.6 TERMINATION
The District may terminate the Contract for its convenience at any time within five (5) calendar
days written notice to the Contractor. The Contractor's compensation in the event of such a
termination shall be exclusively limited to payment for all authorized services performed and for
all authorized expenses incurred up to the effective date of such termination. Contractor shall
not be entitled to any additional compensation or reimbursement whatsoever in the event of such
termination.
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities 34
November 1, 2018 RFP-18-002
13.3 PROPOSAL VALIDITY PERIOD
Proposers may withdraw their proposals at any time prior to the due date and time by submitting
a written notification of withdrawal signed by the firm’s authorized agent. Proposers who
withdraw their proposals prior to the designated date and time may still submit another proposal
if done in accordance within the proper time frame. A proposal cannot be changed or modified
after it has been submitted by the designed due date and time and shall constitute an irrevocable
offer, for a period of ninety (90) days, to WRD for the services set forth in the proposal.
Any Addendum issued must be acknowledged by the Proposer by signing and submitting the
“Acknowledgment of Addendum” form that will be provided with each Addendum. All
Acknowledgment of Addendum forms must be submitted to WRD as part of the proposal
package that is submitted by the proposal due date. Failure to acknowledge any Addenda may
result in the proposal being considered nonresponsive and subject to rejection.
The Proposer shall be responsible for ensuring that its proposal reflects any and all addenda
issued by the District prior to the submittal due date. Therefore, the District recommends that
prospective proposers check the WRD website prior to making their submission.
13.5 CONFIDENTIALITY
The content of proposals will be kept confidential until the award of Contract by the WRD’s
Board of Directors. All materials submitted in response to this RFP will become the property of
the WRD and will become public record after award of Contract to the successful Contractor(s).
The WRD will not return any proposals to proposers.
If a Proposer believes any portion of its proposal contains confidential or proprietary
information, exempt from public disclosures under the California Public Records Act, the
Proposer must label that information within its proposal as “CONFIDENTIAL”, “TRADE
SECRET”, or “PROPRIETARY.” The above restrictions may not include cost or price
information, which shall be open to the public upon award of Contract. Notwithstanding the
foregoing, the District will not be responsible or liable in any way for losses that the Proposer
may incur from the disclosure of information or material to third parties.
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities 35
November 1, 2018 RFP-18-002
14.0 LEGAL POLICIES
14.1 COMPLIANCE
The Contractor shall abide by and obey all applicable federal, state, and local laws, rules,
regulations, and ordinances.
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities 36
November 1, 2018 RFP-18-002
EXHIBITS
EXHIBIT A
Calcium Hydroxide
3 35.0 1.26 5,000 gallons X dry ton
(Hydrated Lime)
2,000 – 3,000
4 Citric Acid 50.0 1.24 X X wet ton
gallons
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities A-1
November 1, 2018 RFP-18-002
Guaranteed Maximum Price Table for Chemicals
Cost per Unit
Form Concentration Specific Estimated Typical Golds- (Indicate NA if Not
No. Chemical (%) Gravity Delivery LVL worthy ARC Unit Available by Contractor)
Sodium Hydroxide 2,000 – 4,000
10 25.0 1.53 X dry ton
(Liquid Caustic Soda) gallons
Sodium Hydroxide
11 30.0 1.33 3,000 gallons X dry ton
(Liquid Caustic Soda)
20 to 25 tons in
Sodium Hydroxide
12 50.0 1.53 bulk, around 4,000 X dry ton
(Liquid Caustic Soda)
gallons
Sodium Hypochlorite 3,000 – 5,000
13 12.5 1.20 X X X ton
(Bleach) gallons
Sodium
14 Tripolyphosphate 100.0 NA 500 – 2,000 lbs X lb (dry)
(STPP)
2,000 – 3,000
15 Sulfuric Acid 93.0 1.83 X X X ton
gallons
SPECIALTY CHEMICALS
THRESHOLD INHIBITOR/ANTISCALANT
Exhibit King Lee Technologies
100.0 1.08 500 gallons X gallons
B-2 – Pretreat Plus-Y2K
Exhibit 1.10 ±
AWC A-102 Ultra 100.0 500 gallons X gallons
B-2 0.05
Exhibit 1.10 ±
AWC A-106 100.0 500 gallons X X gallons
B-2 0.05
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities A-2
November 1, 2018 RFP-18-002
Guaranteed Maximum Price Table for Chemicals
Cost per Unit
Form Concentration Specific Estimated Typical Golds- (Indicate NA if Not
No. Chemical (%) Gravity Delivery LVL worthy ARC Unit Available by Contractor)
Exhibit 1.10 ±
AWC A-112 100.0 500 – 1,000 gallons X gallons
B-2 0.05
Exhibit
AWC C-227 100.0 NA 340 -1,600 lbs X X X lb (dry)
B-2
Exhibit 1.15 ±
AWC C-234 100.0 340 -1,600 lbs X X gallons
B-2 0.05
Exhibit 1.30 ±
AWC C-236LF 100.0 340 -1,600 lbs X gallons
B-2 0.10
Exhibit
PWT LavasolTM 5 100.0 1 – 1.2 70 – 290 lbs X lb (dry)
B-2
Exhibit
PWT OptiClean B 100.0 NA 70 – 290 lbs X lb (dry)
B-2
Exhibit
AVISTA P903 100.0 NA 540 – 1900 lbs X lb (dry)
B-2
Exhibit
AVISTA P611 100.0 NA 540 – 1900 lbs X lb (dry)
B-2
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities A-3
November 1, 2018 RFP-18-002
Guaranteed Maximum Price Table for Chemicals
Cost per Unit
Form Concentration Specific Estimated Typical Golds- (Indicate NA if Not
No. Chemical (%) Gravity Delivery LVL worthy ARC Unit Available by Contractor)
Exhibit
AVISTA P112 100.0 NA 540 – 1900 lbs X lb (dry)
B-2
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities A-4
November 1, 2018 RFP-18-002
EXHIBIT B
Exhibit B-1 provides Chemical Proposal Form Nos. 1 through 15 and Exhibit B-2
provides the blank Chemical Proposal Form for specialty chemicals such as
threshold inhibitors and cleaning chemicals.
EXHIBIT B-1
The following Chemical Proposal Form Nos. 1 through 15 total shall be completed
FOR EACH CHEMICAL that the Contractor would like to supply and submitted
to WRD as part of the proposal package. These forms shall correspond with the
chemicals, specifications, and unit pricing indicated in Exhibit A – Proposal Table.
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities Exhibit B1
November 1, 2018 RFP-18-002
CHEMICAL PROPOSAL FORM NO. 1
Signature:
Date:
Print Name/Title:
Company:
E-mail:
Phone Number:
Fax Number:
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities B1-1
November 1, 2018 RFP-18-002
CHEMICAL PROPOSAL FORM NO. 2
Signature:
Date:
Print Name/Title:
Company:
E-mail:
Phone Number:
Fax Number:
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities B1-2
November 1, 2018 RFP-18-002
CHEMICAL PROPOSAL FORM NO. 3
Signature:
Date:
Print Name/Title:
Company:
E-mail:
Phone Number:
Fax Number:
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities B1-3
November 1, 2018 RFP-18-002
CHEMICAL PROPOSAL FORM NO. 4
Signature:
Date:
Print Name/Title:
Company:
E-mail:
Phone Number:
Fax Number:
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities B1-4
November 1, 2018 RFP-18-002
CHEMICAL PROPOSAL FORM NO. 5
Signature:
Date:
Print Name/Title:
Company:
E-mail:
Phone Number:
Fax Number:
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities B1-5
November 1, 2018 RFP-18-002
CHEMICAL PROPOSAL FORM NO. 6
Signature:
Date:
Print Name/Title:
Company:
E-mail:
Phone Number:
Fax Number:
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities B1-6
November 1, 2018 RFP-18-002
CHEMICAL PROPOSAL FORM NO. 7
Signature:
Date:
Print Name/Title:
Company:
E-mail:
Phone Number:
Fax Number:
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities B1-7
November 1, 2018 RFP-18-002
CHEMICAL PROPOSAL FORM NO. 8
Signature:
Date:
Print Name/Title:
Company:
E-mail:
Phone Number:
Fax Number:
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities B1-8
November 1, 2018 RFP-18-002
CHEMICAL PROPOSAL FORM NO. 9
Signature:
Date:
Print Name/Title:
Company:
E-mail:
Phone Number:
Fax Number:
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities B1-9
November 1, 2018 RFP-18-002
CHEMICAL PROPOSAL FORM NO. 10
Signature:
Date:
Print Name/Title:
Company:
E-mail:
Phone Number:
Fax Number:
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities B1-10
November 1, 2018 RFP-18-002
CHEMICAL PROPOSAL FORM NO. 11
Signature:
Date:
Print Name/Title:
Company:
E-mail:
Phone Number:
Fax Number:
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities B1-11
November 1, 2018 RFP-18-002
CHEMICAL PROPOSAL FORM NO. 12
Name of producer:
Source:
Signature:
Date:
Print Name/Title:
Company:
E-mail:
Phone Number:
Fax Number:
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities B1-12
November 1, 2018 RFP-18-002
CHEMICAL PROPOSAL FORM NO. 13
Signature:
Date:
Print Name/Title:
Company:
E-mail:
Phone Number:
Fax Number:
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities B1-13
November 1, 2018 RFP-18-002
CHEMICAL PROPOSAL FORM NO. 14
Signature:
Date:
Print Name/Title:
Company:
E-mail:
Phone Number:
Fax Number:
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities B1-14
November 1, 2018 RFP-18-002
CHEMICAL PROPOSAL FORM NO. 15
Signature:
Date:
Print Name/Title:
Company:
E-mail:
Phone Number:
Fax Number:
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities B1-15
November 1, 2018 RFP-18-002
EXHIBIT B-2
The following blank Chemical Proposal Form shall be completed FOR EACH
SPECIALTY CHEMICAL that the Contractor would like to supply and submitted
to WRD as part of the proposal package. These forms shall correspond with the
chemicals, specifications, and unit pricing indicated in Exhibit A – Proposal Table.
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities Exhibit B2
November 1, 2018 RFP-18-002
BLANK CHEMICAL PROPOSAL FORM NO. ________
Name of chemical:
Typical physical and chemical
Specific gravity: __________________
analysis of representative
product to be shipped in tank pH: __________________
trucks to WRD (Attach a recent Appearance: _____________________________________________
Certificate of Analysis and
Safety Data Sheet): _____________________________________________________________
Signature:
Date:
Print Name/Title:
Company:
E-mail:
Phone Number:
Fax Number:
Notes:
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities B2-1
November 1, 2018 RFP-18-002
EXHIBIT C
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities Exhibit C
November 1, 2018 RFP-18-002
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities Exhibit C
November 1, 2018 RFP-18-002
EXHIBIT D
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities Exhibit D
November 1, 2018 RFP-18-002
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities Exhibit D
November 1, 2018 RFP-18-002
EXHIBIT E
RFP for Supply and Delivery of Chemicals to All WRD Water Treatment Facilities Exhibit E
November 1, 2018 RFP-18-002
GENERAL SERVICES AGREEMENT
[INSERT CONTRACTOR NAME]
This General Services Agreement (the “Agreement”) is made and entered into this __ day of
________, _____, by and between the Water Replenishment District of Southern California
(“District”) and [Insert Contractor Name], (“Contractor”) (collectively the “Parties” or
individually as “Party”) for the furnishing of certain chemical supplies upon the following terms
and conditions.
1. Scope of Services. Contractor shall perform the scope of services to supply and deliver
quantities of chemicals to meet the operational and maintenance needs of the facilities as
described in Exhibit A ( hereinafter referred to as “Services”), attached hereto and
incorporated herein by this reference. Tasks other than those specifically described in
Exhibit A shall not be performed without a prior written amendment to this Agreement.
In the event of a conflict in or inconsistency between the terms of this Agreement and
Exhibit A, this Agreement shall prevail.
2. Term. The term of this Agreement shall commence on Month, Day, Year and shall end
on Month, Day, Year (the “Expiration Date”). At least [INSERT NUMBER OF
DAYS] prior to the Expiration Date, District staff shall evaluate the quality of the
Services that have been provided by the Contractor, the cost of such Services relative to
the benefits, and the need for any continuation of the services.
2.1.1 Termination for Convenience. The District may terminate this Agreement
for its convenience at any time within five (5) calendar days written notice
to Contractor. Contractor's compensation in the event of such a
termination shall be exclusively limited to payment for all authorized
services performed and for all authorized expenses incurred up to the
3.1 Fee. District hereby agrees to pay Contractor for the Scope of Services, whether
by fixed price, hourly rates subject to fixed rate schedule, pursuant to the fee
schedule attached as Exhibit B and incorporated herein by this reference, which
may not be changed except with District's written approval. Total compensation
for work performed under this Agreement shall NOT EXCEED [INSERT THE
TOTAL CONTRACT QUOTE/PRICE________ ($________)]
4. Project Site. Contractor shall perform the Services in such a manner as to cause a
minimum of interference with District's operations and the operations of other contractors
at each Project site and to protect all persons and property thereon from damage or injury.
Upon completion of the Services at a Project site, Contractor shall leave such Project site
clean and free of all tools, equipment, waste materials and rubbish. Each Project site may
include all buildings, offices, and other locations where Services are to be performed,
including any access roads. Contractor shall be solely responsible for the safe
transportation and packing in proper containers and storage of any equipment required for
performing the Services, whether owned, leased or rented. District will not be
responsible for any such equipment which is lost, stolen or damaged or for any additional
rental charges for such equipment. Equipment left or stored at a Project site, with or
without permission, is at Contractor’s sole risk. District may assume that anything left on
the work site an unreasonable length of time after said work is completed has been
abandoned. Any transportation furnished by District shall be solely as an
accommodation and District shall have no liability therefore. Contractor acknowledges
and agrees that it shall assume the risk and is solely responsible for its use of any District
owned equipment and property provided by District for the performance of Services.
District shall have no liability to Contractor therefore. In addition, Contractor further
acknowledges and agrees that it shall assume the risk and is solely responsible for its
owned, non-owned and hired automobiles, trucks or other motorized vehicles as well as
any equipment, tolls, or other property which is utilized by Contractor on each Project
site.
5.1 Payments made to Contractor pursuant to this Agreement shall be the sole and
complete compensation to which Contractor is entitled. Contractor is solely
responsible for any taxes levied by local, state or federal authorities on such sums.
Contractor shall defend and indemnify the District for any taxes, fines, penalties
and attorneys’ fees assessed or threatened to be assessed against District for
failure to properly withhold taxes as a result of any determination that Contractor,
or any of Contractor’s employees, is an employee rather than an independent
contractor of District.
5.2 District will not make any contribution to any retirement plan or Social Security
on behalf of Contractor or any of Contractor’s employees. Contractor shall
defend and indemnify the District for any contribution, fines, penalties and
attorneys’ fees assessed or threatened to be assessed against District for failure to
contribute to any retirement plan or Social Security as a result of any
determination that Contractor, or any of Contractor’s employees, is an employee
rather than an independent contractor of District.
5.3 District will not make any payments to Contractor, or Contractor’s employees,
which rely upon employee status, including, but not limited to, FLSA and other
overtime and minimum wage requirements, prevailing wage laws, worker’s
compensation benefits, FMLA, CFRA, Paid Leave, and unemployment benefits.
Contractor shall defend and indemnify the District for any payment, fines,
penalties and attorneys’ fees assessed or threatened to be assessed against District
for failure to make any such payment or otherwise provide the benefits of such
laws as a result of any determination that Contractor, or any of Contractor’s
employees, is an employee rather than an independent contractor of District.
5.4 Contractor shall comply with the Political Reform Act of 1974, as amended
including, but not limited to, disclosure of all conflicts of interest and other
financial disclosure requirements required thereunder.
6. Instructions to Contractor. In the performance of the services set forth in this Agreement,
Contractor shall report to and receive instructions from the following person on behalf of
the District: Tom Knoell, Ken Ortega.
8. Compliance With Laws and Regulations; Licensing. Contractor shall perform its services
under this Agreement in compliance with all applicable provisions of Federal, State and
local laws, statutes, codes, rules, regulations, ordinances and professional standards
(“Applicable Laws”). By entering into this Agreement, Contractor represents and
warrants that it possesses and will keep current all license and registrations required by
Applicable Laws to enter into this Agreement and to perform the scope of services
hereunder.
9. Chemical Specifications. The Product shall comply with the specifications as described in
Exhibit A-1.
Insurance. Contractor, at its sole cost and expense, shall obtain, keep in force, and
maintain the following policies of insurance at all times while this Agreement is in effect,
and shall not commence any work under this Agreement until proof of such insurance has
been provided to the District. The coverages provided by such insurance shall not be
construed as limitations of liability. In the event that Contractor subcontracts any portion
of the work the contract between the Contractor and any subcontractor providing services
shall require the subcontractor to maintain the same policies of insurance that the
Contractor is required to maintain pursuant to this Section. Contractor shall provide and
maintain coverage at least as broad as the following:
9.1.3 Employers’ Liability Insurance with limits of no less than $1,000,000 per
claim and $1,000,000 in the aggregate.
9.1.5 Contractor’s Pollution Liability with limits no less than $5,000,000 per
occurrence or claim, and $10,000,000 policy aggregate.
9.2.2 All policies shall be written on an occurrence basis. If a policy may only
be obtained on a claims made basis, the policy shall be maintained
continuously for a period of no less than three (3) years after the date of
final completion of the scope of services under this Agreement.
9.2.3 All policies shall be endorsed to state that coverage shall not be
suspended, voided, cancelled, non-renewed, or materially adversely
changed for any reason, without thirty (30) days notice thereof given by
the insurer to WRD.
9.2.4 All insurance required under this Agreement shall be considered primary
to any insurance maintained by the District.
9.2.6 All polices required under this Agreement shall be issued by companies
authorized to transact insurance business in the State of California
acceptable to the District and having a Best rating of A- or better.
10. Indemnification. Contractor shall indemnify, defend and hold harmless the District and
its directors, officers, employees, agents and representatives (collectively “District”),
from and against any and all claims, liabilities, costs, damages, suits, proceedings,
injuries (including injuries to real and personal property, and injuries to persons,
including death) incurred by District (“Losses”), as a result of Contractor’s breach of any
provision of this Agreement, Contractor’s failure to comply with applicable laws,
Contractor’s negligent acts or omissions, or Contractor’s willful misconduct. However,
Contractor’s obligation to defend shall arise regardless of any claim or assertion that the
District caused or contributed to the Losses. Nothing in this paragraph shall constitute a
waiver or limitation of any legal rights which the District may have including, without
limitation, the right to implied indemnity.
11. Warranty.
11.1 In addition to any and all warranties provided or implied by law or public policy,
Contractor warrants that all Services (including but not limited to all equipment
and materials supplied in connection therewith) shall be free from defects in
design and workmanship, and that Contractor shall perform all Services in
accordance with all applicable engineering, construction and other codes and
standards, and with the degree of high professional skill normally exercised by or
expected from recognized professional firms engaged in the practice of supplying
services of a nature similar to the Services in question. Contractor further
warrants that, in addition to furnishing all tools, equipment and supplies
customarily required for performance of work, Contractor shall furnish personnel
with the training, experience and physical ability, as well as adequate supervision,
required to perform the Services in accordance with the preceding standards and
the other requirements of this Agreement. In addition to all other rights and
remedies which District may have, District shall have the right to require, and
Contractor shall be obligated at its own expense to perform, all further services
which may be required to correct any deficiencies which result from Contractor’s
failure to perform any Services in accordance with the standards required by this
Agreement. Moreover, if, during the term of this Agreement (or during the one
(1) year period following the term hereof), any equipment, goods or other
materials or Services used or provided by Contractor under this Agreement fail
due to defects in material and/or workmanship or other breach of this Agreement,
Contractor shall, upon any reasonable notice from District, replace or repair the
same to District's satisfaction. Unless otherwise expressly permitted, all materials
and supplies to be used by Contractor in the performance of the Services shall be
new and best of kind.
12. Health and Safety Programs. The Contractor shall establish, maintain, and enforce safe
work practices, and implement an accident/incident prevention program intended to
ensure safe and healthful operations under their direction. The program shall include all
requisite components of such a program under Federal, State and local regulations and
shall comply with all District site programs.
12.1 Contractor will be responsible for acquiring job hazard assessments as necessary to
safely perform all duties of each Project and provide a copy to District upon
request.
12.2 Contractor will be responsible for providing all employee health and safety
training and personal protective equipment in accordance with potential hazards
that may be encountered in performance of Project and provide copies of the
certified training records upon request by District. Contractor shall be responsible
for proper maintenance and/or disposal of their personal protective equipment and
material handling equipment.
12.3 Contractor is responsible for ensuring that its lower-tier subcontractors are aware
of and will comply with the requirements set forth herein
12.4 Contractor shall immediately report any injuries to the District site safety
representative. Additionally, the Contractor shall investigate and submit to the
District site safety representative copies of all written accident reports, and
coordinate with District if further investigation is requested
12.5 Contractor shall develop a plan to properly handle and dispose of all hazardous
wastes they generate within the Scope of Services.
12.6 Contractor shall advise its employees and subcontractors that any employee, who
jeopardizes his/her safety and health, or the safety and health of others, may be
subject to actions including removal from Project.
13. Arbitration and Attorneys’ Fees. Any dispute arising from or relating to this Agreement
shall be submitted to final and binding arbitration before an arbitrator who is a member of
the National Academy of Arbitrators. The parties will obtain a list of five names of
potential arbitrators from the National Academy of Arbitrators, or the American
Arbitration Association, and will take turns striking the names of arbitrators until one
arbitrator remains, who shall preside over the arbitration. The arbitrator will have no
power to rewrite any of the terms of this Agreement. The parties shall split the cost of
the arbitrator’s fee and any court reporter required by the arbitrator or if both parties
agree to having the proceedings taken down by a court reporter. The prevailing Party in
14. Conflict of Interest. No official of the District who is authorized in such capacity and on
behalf of the District to negotiate, make, accept or approve, or to take part in negotiating,
making, accepting or approving this Agreement, or any contract or subcontract relating to
work to be performed pursuant to this Agreement, shall become directly or indirectly
personally interested in this Agreement or in any part thereof. Contractor shall not accept
employment or contract during the term of this Agreement with any firm or individual for
the provision of services if such employment or contract would conflict directly with the
Services provided to the District under this Agreement.
15. Equal Opportunity. During the performance of this Agreement, Contractor shall not
discriminate against any employee or applicant for employment because of race, color,
religion, sex, age, marital status or national origin.
16. Successors and Assigns. This Agreement shall inure to the benefit of, and be binding
upon, the District, Contractor, and their respective successors and assigns provided,
however, that no assignment of the duties or benefits under this Agreement shall be made
without the written consent of the Contractor and the District, which consent and
approval may be withheld in the sole and absolute discretion of the District.
17. Choice of Law and Venue. This Agreement shall be governed by and interpreted in
accordance with the laws of the State of California. The Parties agree that the exclusive
venue for any action or proceeding arising from or relating to this Agreement shall be in
the County of Los Angeles, State of California.
18. Notices. All notices provided by this agreement shall be in writing and shall be sent by
first-class mail and facsimile transmission as follows:
If to the District:
If to Contractor:
Contact Name
Address
Address
City, State ZIP
Phone:
Fax:
19. Amendments. This Agreement may be modified only by a writing signed by the Parties
hereto.
20. Integration; Construction. This Agreement sets forth the final, complete and exclusive
expression of the Parties’ agreement with respect to the subject matter hereof, and
supersedes any and all other agreements, representations, and promises, whether made
orally or in writing. The Parties represent and warrant that they are not entering into this
Agreement based upon any representation or understanding that is not expressly set forth
in this Agreement. This Agreement shall be construed as the product of a joint effort
between the Parties and shall not be construed against either Party as its drafter.
21. Effective Date. This Agreement is effective as of the date first set forth above.
22. Authority. Each person signing this Agreement represents that he or she has the authority
to do so on behalf of the Party for whom he or she is signing.
Signature Signature
John D.S. Allen Vera Robles DeWitt
Print Name Print Name
President, Board of Directors Secretary, Board of Directors
Title Title
Signature
Print Name
Title
Approved As To Form
LEAL, TREJO APC
1. Consultant shall perform the detailed scope of work described in the Request for Proposal
(RFP) for Supply and Delivery of Chemicals to all WRD Water Treatment Facilities,
attached hereto as Exhibit A-1, and as provided by Contractor's Scope of Services, attached
hereto as Exhibit A-2. Should there be any discrepancy between the scope of services
detailed in Exhibit A-1 and the proposal for services in Exhibit A-2, the scope of work in
Exhibit A-1 shall prevail.
Request for Proposal (RFP) for Supply and Delivery of Chemicals to all WRD Water
Treatment Facilities
1.0 Contractor shall be compensated for actual services performed in accordance with this
Agreement.