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10/17/2023 07.I. Resolution authorizing a multiple award to Newco Inc dba Cascade Columbia and Two Rivers Terminal, for Bid 12337 Miscellaneous Chemicals for the Wastewater Treatment Plant.
1 .4. , , a, . ga BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.1. For Meeting of: October 17, 2023 ITEM TITLE: Resolution authorizing a multiple award to Newco Inc dba Cascade Columbia and Two Rivers Terminal, for Bid 12337 Miscellaneous Chemicals for the Wastewater Treatment Plant. SUBMITTED BY: *Mike Price, Wastewater Manager Christina Payer, Buyer !! SUMMARY EXPLANATION: Multiple award is recommended to ensure that the city receives the lowest pricing per line item. Bid submittals recommended for award and available budget meet the needs and requirements of the City of Yakima Wastewater Treatment Plant for this solicitation. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Trust and Accountability APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Description Upload Date Type ❑ Resolution Bid 12337 9/21/2023 Resolution 121 Tab 12337 Miscellaneous Chemicals 9/21/2023 Backup Material ❑ 12337 Agreement Two Risers Terminal 9/27/2023 Contract ▪ 12337 Agreement Cascade Columbia 9/27/2023 Contract 2 RESOLUTION NO. R-2023- A RESOLUTION authorizing a multiple award for Bid 12337 Miscellaneous Chemicals for the Wastewater Treatment Plant. WHEREAS, the City published notice in the Yakima Herald Republic on August 16 and 18, 2023 and on the city's webpage through PublicPurchase.com that Bid No. 12337 was open for competitive bid; and WHEREAS, bids were due by September 7, 2023, 2:00:00 PM PST. Bids received through Public Purchase were publicly opened in the City Council Chambers, in Yakima WA; and, WHEREAS, bids that were received, are included on the attached bid tabulation; and WHEREAS, recommendation of award was made to multiple vendors, by line item. The City Manager reviewed and approved the recommendation of award on, September 18, 2023, as indicated on the attached bid tabulation; and WHEREAS, multiple award is recommended to ensure that the city receives the lowest pricing per line item. Bid submittals recommended for award and available budget meet the needs and requirements of the City of Yakima Wastewater Treatment Plant for this solicitation, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: That multiple award for Bid 12337 is hereby awarded to Newco Inc dba Cascade Columbia and Two Rivers Terminal. This is a potential three-year contract, with an approximate annual award amount of$68,360. ADOPTED BY THE CITY COUNCIL this 17th day of October, 2023. Janice Deccio, Mayor ATTEST: Rosalinda Ibarra, City Clerk BID TABULATION&COMPARISON SHEET 4,� Project: Miscellaneous Chemicals 3 Years AlltS Bid Opening: September 7,2023,2:00:00 PM PST Contract Term \; Project No.: 12337 11,4 d' ' .`i[/u:4d"—'— 91 r'6 Department: Wastewater Treatment Plant Approved: Project Manager: Mike Price,Wastewater Manager City Manager,Date AWARD AND REASON THEREFORE: Vendor Name I recommend award to Newco Inc dba Cascade Columbia Distribution Co for item 1 and to Two Rivers Terminal for items 2&3. Based on each being the lowest responsive bid received from a responsible bidder for each line item. Newco Inc dba Cascade Two Rivers Terminal Univar Solutions L. Columbia Distribution Co 9f PAI MAIp t l IIA, 61(15/9'3 BUYER/DATE: Schedule I No. Item Name Qty Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 37—43%Ferric Chloride Solution 40,000 LBS. 0.55 $22,000.00 NO BID 0.63 $25,200.00 $0.00 (Delivered in returnable 3,300(minimal) pound totes,or tanker delivery to customer- owned tote at customer facility in 3,500 pound quantity). Specify Size 3600 lbs. wet lbs/2,999 gal one way tote 2 75%Phosphoric Acid—Fertilizer Grade 40,000 LBS. 1.11 $44,400.00 0.79 $31,600.00 1.16 $46,400.00 $0.00 (Delivered in returnable 3,300(minimal) pound totes. Minimum shipment of 3,300 pounds,delivered within 10 business days of order.Bid in cost per delivered pound). Specify Size 3500 lbs 3306.9 lbs.(1500kg) wet lbs/3,199 gal 3 Urea—Fertilizer Grade(In uncoated prill or 36,000 LBS. NO BID 0.41 $14,760.00 NO BID $0.00 pellets(must dissolve quickly in water tank with mixing).Delivered in 1-ton super sacks on pallets,maximum of 2 super sacks per pallet.Super sacks must have straps on top for lifting,and tie-able spout on bottom. Minimum shipment of two super sacks, delivered within 10 business days of order. Bid in cost per delivered pound). Subtotal: $66,400.00 $46,360.00 $71,600.00 $0.00 WSST:8.3% $5,511.20 $3,847.88 $5,942.80 $0.00 Totals: $71,911.20 $50,207.88 $77,542.80 $0.00 Freight FOB Destination: INCLUDED Enter prompt payment discount: 0%,net 30 days 0%,net 0 days 0 Delivery(No.of days after receipt of order): 3-5 days 3-5 days 3-5 days Discount(Off list price for any other items not specifically listed): 0% 0% 0% Comments: 4 AGREEMENT CITY OF YAKIMA 12337 Miscellaneous Chemicals THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation ("City"), and Two Rivers Terminal, ("Contractor"). WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows: 1. Statement of Services The Contractor shall provide items and service(s) (collectively referred to as "Services") as outlined in Bid 12337 Miscellaneous Chemicals Specifications which are attached as Exhibit A. 2. Compensation The City agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated herein, which Exhibit includes the deliverables and payment schedule of itemized prices as listed in the Contractor's Bid submittal at the time and in the manner and upon the conditions provided for the Contract. 3. Contract Term The period of this Contract shall be for a period of one (1) year from its effective date. The City may, at its option, extend the Contract on a year to year basis for up to two (2) additional years. For a total of three (3) years. Contract extensions shall be automatic, and shall go into effect without written confirmation, unless the City provides advance notice of the intention to not renew or unless the Services have been completed to the City's satisfaction prior to any automatic renewal. 4. Agency Relationship between City and Contractor Contractor shall, at all times, be an independent Contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for, or on, behalf of City. 5. Successors and Assigns a. Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties, or interests accruing from this Contract without the prior written consent of the other. b. The Contractor for itself, and for its heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. 6. Property Rights All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be surrendered to the City upon demand. All information concerning the City and said project which is not otherwise a matter of public record or required by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at any time disclose that information without the express written consent of the City. 7. Inspection, Production and Retention of Records a. The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the City, but the making of (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non- complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe, and proper facilities, and/or send copies of the requested documents to the City. Contractor's records relating to the Services will be provided to the City upon the City's request. b. Contractor shall promptly furnish the City with such information and records which are related to the Services of this Contract as may be requested by the City. Until the expiration of six (6) years after final payment of the compensation 12337 Agreement Page 1 of 9 5 payable under this Contract, or for a longer period if required by law or by the Washington Secretary of State's record retention schedule, Contractor shall retain and provide the City access to (and the City shall have the right to examine, audit and copy) all of Contractor's books, documents, papers and records which are related to the Services performed by Contractor under this Contract. If any litigation, claim, or audit is started before the expiration of the six-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. c. All records relating to Contractor's services under this Contract must be made available to the City, and the records relating to the Services are City of Yakima /Yakima County records. They must be produced to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to Contractor's services under this Contract must be retained by Contractor for the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule. d. The terms of this section shall survive any expiration or termination of this Contract. 8. Compliance with Law Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. Contractor shall procure and have all applicable and necessary permits, licenses and approvals of any federal, state, and local government or governmental authority or this project, pay all charges and fees, and give all notices necessary and incidental to the due and lawful execution of the work. a. Procurement of a City Business License. Contractor must procure a City of Yakima Business License and pay all charges, fees, and taxes associated with said license. b. Contractor must provide proof of a valid Washington State Contractor Registration number. c. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as required in Title 85 RCW. d. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number. Contractor must have a current UBI number and not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). e. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50 RCW. f. Foreign (Non-Washington) Corporations: Although the City does not require foreign corporate proposers to qualify in the City, County or State prior to submitting a proposal, it is specifically understood and agreed that any such corporation will promptly take all necessary measures to become authorized to conduct business in the City of Yakima at their own expense, without regard to whether such corporation is actually awarded the contract, and in the event that the award is made, prior to conducting any business in the City. 9. Nondiscrimination Provision During the performance of this Contract, the Contractor agrees as follows: The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, sexual orientation, gender identity, pregnancy, veteran's status, political affiliation or belief, or the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act(42 USC 12101 et seq.). This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of Services under this Agreement. 12337 Agreement Page 2 of 9 6 In the event of the Contractor's noncompliance with the non-discrimination clause of this contract or with any such rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for any future City contracts. 10. Pay Transparency Nondiscrimination Provision: The Contractor will not discharge or in any other manner discriminate against employees or applicants because they have inquired about, discussed, or disclosed their own pay or the pay of another employee or applicant. However, employees who have access to the compensation information of other employees or applicants as a part of their essential job functions cannot disclose the pay of other employees or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure is (a) in response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or (c)consistent with the contractor's legal duty to furnish information. 11. Indemnification and Hold Harmless a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or property. The Contractor agrees to release, indemnify, defend, and hold harmless the City, its elected and appointed officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers from all liabilities, losses, damages, and expenses related to all claims, suits, arbitration actions, investigations, and regulatory or other governmental proceedings arising from or in connection with this Agreement or the acts, failures to act, errors or omissions of the Contractor, or any Contractor's agent or subcontractor, in performance of this Agreement, except for claims caused by the City's sole negligence. b. Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. Contractor shall require that its subcontractors, and anyone directly or indirectly employed or hired by Contractor, and anyone for whose acts Contractor may be liable in connection with its performance of this Agreement, comply with the terms of this paragraph, waive any immunity granted under Title 51 RCW, and assume all potential liability for actions brought by their respective employees. The Parties acknowledge that they have mutually negotiated this waiver. c. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, shall be only to the extent of the Contractor's negligence. d. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any third party. e. The terms of this Section shall survive any expiration or termination of this Contract. 12. Contractor's Liability Insurance At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect insurance to protect the City and Contractor from and against any and all claims, damages, losses, and expenses arising out of or resulting from the performance of this Contract. Contractor shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The City reserves the right to require higher limits should it deem it necessary in the best interest of the public. Contractor shall provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and outlined herein. A copy of the additional insured endorsement attached to the policy shall be included with the certificate. This Certificate of insurance shall be provided to the City, prior to commencement of work. 12337 Agreement Page 3 of 9 7 Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify a deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. The following insurance is required: a. Commercial Liability Insurance Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance and additional insured endorsements as proof of commercial liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence, combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The certificate of insurance and additional insured endorsements shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. b. Automobile Liability Insurance Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The certificate of insurance and additional insured endorsements shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. The business auto liability shall include Hired and Non-Owned coverage if necessary. c. Employer's Liability(Stop Gap) Contractor and all subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable, and shall maintain Employer's Liability insurance with a limit of no less than $1,000,000.00. The City shall not be held responsible in any way for claims filed by Contractor or its employees for services performed under the terms of this Contract. Contractor agrees to assume full liability for all claims arising from this Contract including claims resulting from negligent acts of all subcontractor(s). Contractor is responsible to ensure subcontractor(s) have insurance as needed. Failure of subcontractors(s)to comply with insurance requirements does not limit Contractor's liability or responsibility. Commercial General Liability: Combined Single Limit: $2,000,000 Per Occurrence $2,000,000 Annual Aggregate Automobile Liability $2,000,000 Per Occurrence Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this Contract. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and neither the City nor its insurance providers shall contribute to any settlements, defense costs, or other payments made by Contractor's insurance. All additional insured endorsements required by this Section shall include an explicit waiver of subrogation. 12337 Agreement Page 4 of 9 8 If at any time during the life of the Contract, or any extension, Contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the Contract. 13. Severability If any term or condition of this Contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Contract are declared severable. 14. Contract Documents This Contract, the Invitation to Bid 12337 Scope of Work, conditions, addenda, and modifications and Contractor's proposal (to the extent consistent with City of Yakima documents) constitute the Contract Documents and are complementary. Specific Federal and State laws and the terms of this Contract, in that order respectively, supersede other inconsistent provisions. These Contract Documents are on file in the Office of the Purchasing Manager, 129 No. 2nd St., Yakima, WA, 98901, and are hereby incorporated by reference into this Contract. 15. Termination Termination for Cause In the event the Contractor breaches this Contract, the City may terminate the Contract at its sole discretion in such event that it provides the Contractor with written notice of Contractor's breach and the Contractor fails to cure its breach within 30 days of this notice. In the event the City breaches this Contract, the Contractor may terminate the Contract at its sole discretion in such event that it provides the City with written notice of City's breach and the City fails to cure its breach of the Contract within 60 days of this notice. The following represents a non-exclusive, illustrative list of instances that shall be considered a breach by the Contractor: a. Defaults on an obligation under the Contract; b. Fails to perform any material obligation required under the Contract; c. Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal entity; d. Allows any final judgment not to be satisfied or a lien not to be disputed after a legally-imposed, 30-day notice; e. Makes an assignment for the benefit of creditors; f. Fails to follow the sales and use tax certification requirements of the State of Washington; g. Incurs a delinquent Washington tax liability; h. Becomes a State or Federally debarred Contractor; i. Is excluded from federal procurement and non-procurement Contracts; j. Fails to maintain and keep in force all required insurance, permits and licenses as provided in the Contract; k. Fails to maintain the confidentiality of the City information that is considered to be Confidential Information, proprietary, or containing Personally Identifiable Information; I. Contractor performance threatens the health or safety of a City, County or municipal employee; or Termination for Convenience The City may terminate the Contract, without cause, by providing 30 days written notice of termination. In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the Contract. The Contractor shall also be compensated for partially completed services. In this event, compensation for such partially completed services shall be no more than the percentage of completion of the services requested, at the sole discretion of the City, multiplied by the corresponding payment for completion of such services as set forth in the Contract. Alternatively, at the sole discretion of the City, the Contractor may be compensated for the actual service hours provided. The City shall be entitled to a refund for goods or 12337 Agreement Page 5 of 9 9 services paid for but not received or implemented, such refund to be paid within 30 days of written notice to the Contractor requesting the refund. Change in Funding In addition to the above termination provisions, if the funds upon which the City relied to establish this Contract are withdrawn, reduced, or limited, or if additional or modified conditions are placed on such funding, the City may terminate this Contract by providing at least five business days written notice to the Contractor. The termination shall be effective on the date specified in the notice of termination. 16. Dispute Resolution In the event that any dispute shall arise as to the interpretation of this agreement, or in the event of a notice of default as to whether such default does constitute a breach of the contract, and if the parties hereto cannot mutually settle such differences, then the parties shall first pursue mediation as a means to resolve the dispute. If the afore mentioned methods are either not successful then any dispute relating to this Agreement shall be decided in the courts of Yakima County, in accordance with the laws of Washington. If both parties consent in writing, other available means of dispute resolution may be implemented. 17. Re-Award When the contract is terminated by the Contractor upon providing the written notice as herein required, the City, pursuant to City ordinance, may re-award the contract to the next most responsible Proposer within 120 days from original award. When a Contractor is unable to supply goods and/or services to the City and is in breach of the contract, or when the contract is terminated by the City for cause as herein provided, the City reserves the right to re-award the contract to the next most responsible Proposer within 120 days from original award. 18. Force Majeure Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics/pandemics, war, riot, delay in transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of such pending or actual delay. Normally, in the event or any such delays (acts or God, etc.) the date of delivery will be extended for a period equal to the time lost due to the reason for delay. 19. Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 20. Venue The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competent jurisdiction in Yakima County, Washington. 21. Authority The person executing this Contract, on behalf of Contractor, represents and warrants that they have has been fully authorized by Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms, performances and provisions of this Contract. 22. Notice of Change in Financial Condition If, during the Contract Term, the Contractor experiences a change in its financial condition that may affect its ability to perform under the Contract, or experiences a change of ownership or control, the Contractor shall immediately notify the City in writing. Failure to notify the City of such a change in financial condition or change of ownership or control shall be sufficient grounds for Contract termination. 23. Change or Notice Any alterations, including changes to the nature of the service, made to the Contract shall be rendered in writing and signed by both responsible parties; no changes without such signed documentation shall be valid. No alterations outside of the general scope and intent of the original Request for Proposals or in excess of allowable and accepted price changes shall be made. In no event shall the Contractor be paid or be entitled to payment for services that are not authorized herein or any properly executed amendment. 12337 Agreement Page 6 of 9 10 Notice of Business Changes: Contractor shall notify the City in writing within three (3) business days of any change in ownership of the facilities of the Contractor or of the facilities of any subcontractor. The Contractor shall notify the City in writing as soon as possible, and in no event later than three (3) business days, after any decision by the Contractor to change or discontinue service that will affect services provided to the City under this Contract. The City shall have the right to renegotiate the terms and conditions of this Contract to the extent required to accommodate a change in governing law or policy that, in the sole discretion of the City, either substantially and unreasonably enlarges the Contractor's duties hereunder, or renders performance, enforcement or compliance with the totality of the Contract impossible, patently unreasonable, or unnecessary. Notices and demands under and related to this Contract shall be in writing and sent to the parties at their addresses as follows: TO CITY: COPY TO: TO CONTRACTOR: Mike Price Christina Payer Two Rivers Terminal Wastewater/Stormwater Division Manager Buyer II 3300C N Glade Rd City of Yakima City of Yakima Pasco, WA 99301 2220 East Viola 129 North 2nd Street Yakima WA, 98901 Yakima, WA 98901 24. Survival The foregoing sections of this Contract, 1-24 inclusive, shall survive the expiration or termination of this Contract in accordance with their terms. IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written. CITY OF YAKIMA TWO RIVERS TERMINAL By: City Manager Date: Date: Attest: (Print name) City Clerk List of Exhibits attached to this contract Exhibit A—Specifications Exhibit B—Contractor's Bid Form 12337 Agreement Page 7 of 9 11 EXHIBIT A SPECIFICATIONS 12337 Agreement Page 8 of 9 12 City of Yakima NOTICE TO BIDDERS BID 12337 Notice is hereby given by the undersigned that electronic sealed Bids will be accepted via PublicPurchase.com until the hour of 2:00:00 PM PST on August 31, 2023. Bids will be publicly opened in Yakima City Hall, Council Chambers, 129 N. 2nd Street, Yakima, Washington 98901. At such time, Bids will be publicly read for: Miscellaneous Chemicals Instructions to register with PublicPurchase.com are available at www.yakimawa.gov/services/purchasing. The City of Yakima reserves the right to reject any & all BIDs. The City hereby notifies all Bidders that it will affirmatively ensure compliance with WA State Law Against Discrimination (RCW chapter 49.60) & the Americans with Disabilities Act (42 USC 12101 et set.) Dated August 14, 2023 Publish on August 16& 18, 2023 Christina Payer, Buyer II 12337 Miscellenous Chemicals-WWTP Page 1 of 31 13 CITY OF YAKIMA INVITATION TO BID 12337 COVER SHEET THIS IS NOT AN ORDER BID Release Date:August 16, 2023 Bid Receipt: Bidders must first register with PublicPurchase.com and Bid shall be completely uploaded into PublicPurchase.com no later than the date and time listed below. Register as early as possible and do not wait until the due date to upload your documents, as this may take some time. Late Bids will not be accepted or evaluated. If you try to submit a Bid late, the electronic system will not receive it. Bid openings are public. Bids shall be firm for acceptance for ninety (90) days from date of Bid opening, unless otherwise noted BIDS ARE ONLY RECEIVED THROUGH PUBLICPURCHASE.COM Purchasing For: Buyer in charge of this procurement(Contact for further information): City of Yakima Waste Water Treatment Plant Christina Payer, CPPB 2220 East Viola Buyer II Yakima, WA 98901 Bids Must be completely uploaded by: Phone E-Mail Address August 31, 2023 at 2:00:0o PM PST (509) 576-6696 christina.payer©yakimawa.goy Public Opening PROJECT DESCRIPTION SUMMARY Miscellaneous Chemicals for Waste Water Treatment Plant Enter Prompt Payment Discount: % net days We/I will complete delivery within days after receipt of order. Delivery Details: FOB Destination, Freight Prepaid, ❑ I hereby acknowledge receiving addendum(a) , (use as many spaces as addenda received) In signing this Bid we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a Bid; that this Bid has been independently arrived at without collusion with any other Bidder,competitor or potential competitor;that this Bid has not been knowingly disclosed prior to the opening of Bids to any other Bidder or competitor;that the above statement is accurate under penalty of perjury. Furthermore, the Washington State Interlocal Cooperative Act (RCW 39.34) provides that other governmental agencies may purchase goods or services on this solicitation or contract in accordance with the terms and prices indicated therein if all parties agree. The City does not accept any responsibility or involvement in the purchase orders or contracts issued by other public agencies. We will comply with all terms,conditions and specifications required by the City of Yakima in this Invitation to Bid and all terms of our Bid. Company Name Company Address Name of Authorized Company Representative(Type or Print) Title Phone ( Fax ( ) Signature of Above Date Email Address 12337 Miscellenous Chemicals-WWTP Page 2 of 31 14 Invitation to Bid#12337 I. Contents I. Contents 3 II. GENERAL INFORMATION 5 1. Purpose 5 2. Contracting Agency and Point of Contact 5 3. Exceptions 5 4. More or Less 5 5. Published List Prices 5 6. Delivery/Completion 5 7. Delivery Acceptance 6 8. Delivery of Unapproved Substitutions 6 9. Unsatisfactory Product 6 10. Contract Term 6 11. Pricing and Discount 6 14. Price Clarifications 6 15. Price Increases 7 16. Price Decreases 7 17. Expansion Clause 8 18. Warranty 8 19. Warranty Coverage 8 20. Permits 8 21. Regulations and Codes 8 22. Spill Clean Up 8 23. Hazardous Materials 8 24. Pollution Liability Coverage 8 25. Prompt Payment 9 26. Payments 9 27. Payment Method-Credit Card Acceptance 9 28. Acceptance of Terms 9 29. Sales Tax 9 30. Tax Revenues 9 31. Clarifications and/or Revisions to Specification and Requirements 9 32. Incurring Costs 10 33. No Obligation to Contract 10 34. Retention of Rights 10 35. Points Not Addressed 10 36. Other City Departments/Like Items Added 10 12337 Miscellaneous Chemicals-WWTP Page 3 of 31 15 37. Materials Bought from Different Supplier 10 38. Re-Award 11 39. Errors and Omissions 11 40. Changes 11 III. PREPARING AND SUBMITTING A BID 11 1. General Instructions 11 2. Submitting a Bid 11 3. Prohibition of Bidder Terms &Conditions 11 4. Multiple Bids 12 5. Withdrawal of Bids 12 IV. BIDDERS CHECKLIST 12 V. EVALUATION AND CONTRACT AWARD 12 1. Bid Evaluation• 12 2. Offer in Effect for Ninety(90) Days 12 3. Protest Procedure 12 VI. TECHNICAL SPECIFICATIONS 13 1. Technical Specification Analysis 14 VII. BID FORM 16 VIII. BIDDER AND SAFETY QUESTIONNAIRE 17 IX. SAMPLE CONTRACT 20 X. SAMPLE CERTIFICATE OF INSURANCE/ADDITIONAL INSURED ENDORSEMENT 29 12337 Miscellaneous Chemicals-WWTP Page 4 of 31 16 INVITATION TO BID # 12337 Miscellaneous Chemicals II. GENERAL INFORMATION 1. Purpose It is the intent and purpose of these specifications to describe Miscellaneous Chemicals in sufficient detail to secure bids on comparable units, equipment parts and material. All parts, which are necessary in order to provide a complete unit, ready for operation, shall be included in the bid and shall conform in strength, quality of workmanship and material to that which is usually provided the trade in general. Any variance from the specifications or standards of quality must be clearly pointed out in writing by the Bidder. 2. Contracting Agency and Point of Contact This BID is issued by the City of Yakima Purchasing Division. The person responsible for managing this BID process from beginning to end is the Buyer listed on page 2 of this solicitation. From the date of release of this BID until a Contract is issued, all contacts (pertaining to this solicitation) with City's employees, and other personnel performing official business for the City regarding this BID shall be made through the Buyer listed on page 2. Contact with other City personnel regarding this BID is not permitted during the procurement process and violation of these conditions may be considered sufficient cause for rejection of a Bid and disqualification of the Bidder. 3. Exceptions Specifications of the equipment bid shall be equal to or better than the specifications stated herein and all exceptions to these specifications shall be so listed on a separate sheet headed "EXCEPTIONS TO THE SPECIFICATIONS". Any Bid submitted without exceptions will be required to meet every detail of these specifications regardless of cost to the successful bidder, including the cost to meet the insurance requirements. Where "NO EXCEPTIONS" are shown, none will be allowed. No exceptions will be considered that may tend to devalue the equipment or give an individual bidder who is offering a lesser item a distinct advantage. 4. More or Less Quantities are estimated only and shall be bid on a MORE OR LESS basis. For the purpose of comparison, bids shall be made in the quantities listed in this specification. Listed quantities shall not be considered firm estimates of requirements for the year, nor shall the City be bound or limited to quantities listed. Payment will be made only for quantities actually ordered, delivered, and accepted, whether greater or less than the stated amounts. 5. Published List Prices If applicable, a copy of your published list prices shall be included in the Bid package. Each Bidder shall bid a percentage discount based on this published list in the space provided on the Price/Cost Sheet. It is understood that the discount quoted on this Bid shall be based on the attached published list price and these shall be the prices paid during the life of the contract. 6. Delivery/Completion Each bidder is required to list on the Bid form the number of calendar days he/she expects delivery to be made at the destination, in terms of time interval, following placement of order. Time of delivery/completion is important and will be considered in the evaluation of the Bids. Failure to include a specific number of calendar 12337 Miscellaneous Chemicals-WWTP Page 5 of 31 17 days may be sufficient grounds for rejection of Bid. 7. Delivery Acceptance Delivery will be accepted by the City of Yakima FOB Waste Water Treatment Plant, 2220 East Viola, between the hours of 8:00 a.m. and 5:00 p.m Monday through Friday. The successful Bidder's personnel making the delivery shall instruct City personnel in maintenance and proper operation of the equipment prior to their departure from the delivery site. All equipment shall have complete pre-delivery setup and service. 8. Delivery of Unapproved Substitutions Contractors are authorized to ship only those items ordered covered by the contract. If a review of orders placed by the City reveals that an item other than those covered by and specified in the contract have been ordered and delivered, the Purchasing Manager will take such steps as are necessary to have the item(s) returned to the Contractor at no cost to the City regardless of the time elapsed between the date of delivery and discovery of the violation. Violation of this clause may result in the removal of the offending Contractor's name from the City bid list for a period of up to three (3)years. 9. Unsatisfactory Product If the Bidder's product is unsatisfactory, but was inadvertently placed into the facilities system prior to rejection and subsequently causes physical damage or extra cleanup labor, the City will be reimbursed for any associated costs, and at the City's option a new Vendor will be used. Any equipment damage, down time, labor charges, fines, or any other costs caused by material which does not meet specifications, will be assumed by the Vendor. 10. Contract Term See Section 3 of Contract 11. Pricing and Discount Pricing: Pricing shall be prepared with the following terms. The successful Bidder shall provide and bear the expense of all equipment; work and labor of any sort whatsoever that may be required for the transfer of materials/product and completing the work provided for in this Bid and every part thereof, except such as are mentioned in the specifications to be furnished by the City of Yakima. Surcharges for fuel, delivery/hauling, hazardous material disposal, environmental fees or similar will not be allowed. Relevant charges for these items shall be included in the base bid price. All successful Bidders are subject to the minimum insurance requirements as outlined in the sample contract. BIDDERS MUST INCORPORATE THE COST TO COMPLY WITH THE INSURANCE REQUIREMENTS IN THE BID PRICE. Requests for lower insurance limits will be denied. Prices established in continuing agreements and term agreements may be lowered due to general market conditions, but prices shall not be subject to increase for twelve (12) months from the date of award. Discounts: The City qualifies for governmental discounts. Unit prices shall reflect these discounts. 14. Price Clarifications The City reserves the right to clarify any pricing discrepancies related to assumptions on the part of Bidders. Such clarifications will be solely to provide consistent assumptions from which an accurate cost comparison can be achieved. Unit prices shown on the Bid or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as stated on the bid form. For any given item,the quantity multiplied by the unit price shall establish the extended price,the unit price shall govern in the Bid evaluation and contract administration. 12337 Miscellaneous Chemicals-WWTP Page 6 of 31 18 15. Price Increases Requests for Rate Increases must be delivered to the Buyer listed on Page 2, in accordance with the rules below. The Purchasing Manager may exempt these requirements for extraordinary conditions that could not have been known by either party at the time of bid or other circumstances beyond the control of both parties, as determined in the opinion of the Purchasing Manager. Any increase proposed shall be submitted to the Buyer listed on page 2, thirty (30) calendar days before the proposed effective date of the price increase, and shall be limited to fully documented cost increases to the Contractor which are demonstrated to be industry-wide. The conditions under which price increases may be granted shall be expressed in Bid documents and contracts or agreements. No other employee may accept a rate increase request on behalf of the City. Any invoice that is sent to the City with pricing above that specified by the City in writing within this Contract or specified within an official written change issued by Purchasing to this contract, shall be invalid. Payment of an erroneous invoice does not constitute acceptance of the erroneous pricing, and the City would seek reimbursement of the overpayment or would withhold such overpayment from future invoices. A. Discount from Manufacturer List Pricing: For all contract items that are priced as a discount below Manufacturer List prices, there shall be no changes to the discount rate throughout the life of the contract. As manufacturer list prices change, the net price to the City will automatically change in the same percentage as the discount rate to the City. B. Fixed Product Pricing: For product and supply contracts that provide on-going, multiple year supply. Original pricing shall be fixed and firm for the first year of the contract. Price requests are at the discretion of the Purchasing Manager; and must also be: a. The direct result of increases at the manufacturer's level (or if Bidder is a supplier of a raw material delivered directly to the City such as brass, the increase must be verified at the supplier level). b. Incurred after contract commencement date. c. Not produce a higher profit margin than that on the original contract. d. Clearly identify the items impacted by the increase. e. Be filed with Purchasing Manager a minimum of thirty (30) calendar days before the effective date of proposed increase. f. Be accompanied by detailed documentation acceptable to the Purchasing Manager sufficient to warrant the increase. g. Should not deviate from the original contract pricing scheme/methodology. The United States published indices such as the Producer Price Index or other government data may be referenced to help substantiate the Contractor's documentation. The PPI Commodity Data is available at https://www.bls.gov/ppi/detailed-report/home.htm#2021 . The adjustment (if any) shall remain firm and fixed for at least 365 days after the effective date of the adjustment. If no adjustment is mutually agreed upon;the contractor may provide a notice to cancel as outlined in the contract under Section 15,Termination for Convenience. 16. Price Decreases During the contract period and any renewals thereof, any price declines at manufacturer's level shall be reflected in a reduction of the contract price to the City, retroactive to the date they were effective to the bidder. 12337 Miscellaneous Chemicals-WWTP Page 7 of 31 19 17. Expansion Clause Any resultant contract may be further expanded by the Purchasing Manager in writing to include any other item normally offered by the bidder, as long as the price of such additional products is based on the same cost/profit formula as the listed item(s). At any time during the term of this contract, other City departments may be added, if both parties agree. 18. Warranty Unless otherwise specifically stated by the Bidder, all goods and services furnished shall be warranted against defects or faulty workmanship and materials by the Contractor for one (1) year following inspection and acceptance of the products by the City. Warranty shall include all costs incurred, including shipping, for repair or replacement except that which is damaged by misuse or abuse. This one-(1) year warranty shall in no way affect normal extended or manufacturer's warranty exceeding this one (1) year period. Contractor warrants that all goods and services furnished under this Agreement are new, conform strictly to the specifications herein, are merchantable, good workmanship, free from defect, comply with all applicable safety and health standards established for such products, all goods are properly packaged, and all appropriate instructions or warnings are supplied. If a defect is found, a component failure occurs, or workmanship is found to cause failure, the Vendor shall replace the product at their own expense, including shipping charges. Any replacement product will be warrantied for one (1) year from the date it is delivered. All implied and expressed warranty provisions of the Uniform Commercial Code are incorporated into this Agreement. Contractor further warrants that no violation of any federal, state or local law, statute, rule, regulation, ordinance or order will result from the manufacturer, production, sale, shipment, installation or use of any other goods. Contractor's warranties (and any more favorable warranties, service policies, or similar undertaking of Contractor) shall survive delivery, inspection, and acceptance of the goods or services. 19. Warranty Coverage Warranty coverage will not commence until the date the completed unit is put into service as reported by the City; or thirty(30) days after final payment for the unit(s);whichever occurs first. 20. Permits All necessary permits required to perform work are to be supplied by the Contractor at no addition cost to the City. 21. Regulations and Codes To the extent applicable, all equipment or materials shall comply with Washington State vehicle regulations, Federal regulations, OSHA and WISHA requirements,to include EPA standards and City safety codes. 22. Spill Clean Up The Contractor shall be responsible for all costs resulting from spillage attributable to their negligence, which may occur during transit or unloading operations. The Contractor shall immediately report and clean up any spillage. If Contractor fails to perform the above actions, the purchaser shall take corrective action and back- charge the Contractor for all related costs. 23. Hazardous Materials If this order covers goods, which include hazardous chemicals, Contractor shall, at the time of product delivery, provide the CITY with copies of Material Safety Data Sheets for such chemicals. These sheets shall be in the form then required by applicable law or regulation. This requirement shall be in addition to whatever other requirements are imposed by law or regulation. 24. Pollution Liability Coverage At least as broad as that provided under ISO Pollution Liability - Broadened Coverage for Covered Autos 12337 Miscellaneous Chemicals-WWTP Page 8 of 31 20 Endorsement CA 99 48 shall be provided and the Motor Carrier Act Endorsement(MCS 90) shall be attached and required after award and must cover all vehicles to be used with this contract. 25. Prompt Payment Bidders are encouraged to offer a discount for prompt payment of invoice. Please indicate your discount proposal on page 2 of this document. If awarded by the City, period of entitlement begins only after: • Receipt of a properly completed invoice • Receipt of all supplies, equipment or services ordered • Satisfactory completion of all contractual requirements 26. Payments Contractor is to submit properly completed invoice(s)to: City of Yakima, Accounts Payable, 129 N. 2nd Street,Yakima, WA 98901. To insure prompt payment each invoice should cite purchase order number, bid number, description of item purchased, unit and total price, discount terms and include the Contractor's name and return remittance address. Payment will be mailed within thirty (30) days of (a) the receipt and acceptance of the equipment, (b) properly completed invoice, and (c) all papers required to be delivered with equipment. 27. Payment Method—Credit Card Acceptance The City, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. The City's preferred method of payment is by procurement (credit) card. Respondents may be required to have the capability of accepting the City's authorized procurement card as a method of payment. No price changes or additional fee(s) may be assessed when accepting the procurement card as a form of payment. 28. Acceptance of Terms Acceptance of a City Purchase Order (PO) for any units affiliated with this purchase constitutes acceptance of, and agreement with, all of the general and specific requirements and stipulations listed in this boiler plate, and in the attached equipment specification(s); including all penalties mentioned. 29. Sales Tax The City of Yakima's Sales Tax rate is currently 8.3%. However, the amount of sales tax will not be considered in determining which bid is the lowest and best bid. 30. Tax Revenues RCW 39.30.040 allows the City to consider the tax revenue that is generated by a purchase of supplies, materials, and equipment, including those from a local sales tax or from a gross receipts business and occupation tax, it determining which bid in the lowest bid, after the tax revenue has been considered. 31. Clarifications and/or Revisions to Specification and Requirements If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this solicitation, the Bidder has a duty to immediately notify the Buyer of such concern and request modification or clarification of the BID document. Unless instructions are specifically provided elsewhere in this document, any questions, exceptions, or additions concerning the subject matter of the BID document(s) shall not be considered unless submitted via e-mail (no phone calls)to the Buyer listed on page 2, a minimum of five (5) business days prior to the submittal due date. 12337 Miscellaneous Chemicals-WWTP Page 9 of 31 21 In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this BID, supplements or revisions will be provided to all known Bidders in the form of an Addendum. All Addenda are posted on www.yakimawa.gov/services/purchasing and sent directly to interested parties who have registered (per instructions on website)for updates to this BID. If any requirements of the BID are unacceptable to any prospective Bidder,they may choose not to submit a Bid. 32. Incurring Costs The City is not liable for any cost incurred by a Bidder in the process of responding to this BID, including but not limited to the cost of preparing and submitting a response, in the conduct of a presentation, in facilitating site visits or any other activities related to responding to this BID. 33. No Obligation to Contract This BID does not obligate the City to contract for service(s), or product(s) specified herein. City reserves the right to cancel or reissue this BID in whole or in part, for any reason prior to the issuance of a Notice of Intent to Award. The City does not guarantee to purchase any specific quantity or dollar amount. Bids that stipulate that the City shall guarantee a specific quantity or dollar amount will be disqualified (e.g. "all-or-none".) 34. Retention of Rights The City retains the right to accept or reject any or all Bids or accept any presented which meet or exceeds these specifications, and which would be in the best interest of the City and will not necessarily be bound to accept the low bid. All Bids become the property of City upon receipt. All rights, title and interest in all materials and ideas prepared by the Bidder for the Bid to City shall be the exclusive property of City and may be used by the City at its option. 35. Points Not Addressed Bidders are encouraged to list any points not addressed in these specifications that they feel improve or enhance the operation of their units. 36. Other City Departments/Like Items Added At any time during the term of this contract, or any extension thereof, other City departments may be served under these same terms and conditions. Additional like items may be added at the request of the Purchasing Manager. 37. Materials Bought from Different Supplier Should the Contractor be unable to or refuse to supply materials, on any given day, against this predetermined delivery schedule to which the supplier has agreed and the City is forced to do the work with materials bought from a different supplier,the difference in the Bid price of the materials and that paid the new supplier, in order to do the work, shall be charged to and paid for by the Contractor holding the Bid award for these products. Contractor shall not, however, be responsible for delays in delivery due to: • Unavoidable mechanical breakdowns • Strikes • Inability to secure component materials • Acts of God • Fire 12337 Miscellaneous Chemicals-WWTP Page 10 of 31 22 Provided the Buyer listed on Page 2 is notified in writing by the Contractor of such pending or actual delay. In the event of any delay, the date of delivery shall be extended for a period equal to the time lost due to the reason for the delay. 38. Re-Award When the contract is terminated by the City or the Contractor upon providing the written notice as herein required, the City, may re-award the contract to the next most responsible bidder within 120 days from original award. 39. Errors and Omissions The City reserves the right to correct obvious ambiguities and errors in the Bidder's proposal and to waive non- material irregularities and/or omissions. In this regard, if the unit price does not compute to the extended total price,the unit price shall govern. 40. Changes Any proposed change in this contract shall be submitted in writing to the Buyer listed on Page 2 for prior approval. If approved, she will make the change by a contract modification that will become effective upon execution by the parties hereto. Any oral statement or representation changing any of these terms or conditions is specifically unauthorized and is not valid. III. PREPARING AND SUBMITTING A BID 1. General Instructions Failure to conform to the BID specifications and respond to each of the submittal requirements may be the basis for rejection of a bid. Refer to Section IV Bidder's Checklist to ensure your Bid is responsive. 2. Submitting a Bid Bids shall be completely uploaded into Public Purchase.com no later than the date and time listed on Page 2 of this BID. Late Bids will not be accepted or evaluated. If you try to submit a Bid Late, the electronic system will not receive it. If City Hall is closed for business at the time scheduled for opening, for whatever reasons, Bidder's response will be opened on the next business day of the City, at the originally scheduled hour. Bidders must submit their bid electronically through PublicPurchase.com where they will be kept in an electronic lockbox until date and time of opening. To register as a Vendor/Bidder with Public Purchase, go to www.publicpurchase.com or the City of Yakima website at www.YakimaWA.Gov/Services/Purchasing. The City is not responsible for late bids due to operator error, electronic malfunction, system errors or interruptions affecting the Public Purchase site and the processing of any bids. The Purchasing Manager reserves the right to make exceptions for extenuating circumstances. Bids are not considered to be confidential per Washington State Public Records Act (RCW 42.56 et seq.) All sections of the response shall be made available to the public immediately after contract opening. 3. Prohibition of Bidder Terms&Conditions A Bidder may not submit the Bidder's own contract terms and conditions in a response to this Invitation to Bid. If a Bid contains such terms and conditions, the City, at its sole discretion, may determine the Bid to be a nonresponsive counteroffer, and the Bid may be rejected. 12337 Miscellaneous Chemicals-WWTP Page 11 of 31 23 4. Multiple Bids Multiple Bids from a Bidder will be permissible; however, each Bid must conform fully to the requirements for Bid submission. Each such Bid must be submitted separately and labeled as Bid #1, Bid #2, etc. on the first page of their response. 5. Withdrawal of Bids Bidders may withdraw or supplement their Bid at any time up to the bid closing date and time. If a previously submitted bid is withdrawn before the bid due date and time,the Bidder may submit another Bid at any time up to the bid closing date and time. After bid closing date and time, all submitted Bids shall be irrevocable until contract award. IV. BIDDERS CHECKLIST Bidder must complete and upload, as part of their Bid submittal, all required forms listed below in accordance with Section III - Preparing and Submitting a Bid The list below may not be all inclusive. Be sure to READ the entire Bid document and include everything that is required. • Cover Sheet/Signature Page Page 2 • Technical Specification Analysis Pages 14& 15 • Bid Form Page 16 • Bidder and Safety Questionnaire Pages 17-19 V. EVALUATION AND CONTRACT AWARD 1. Bid Evaluation The evaluation and selection of a Bidder will be based on the information submitted in the Bid. Award will be made to a responsible Bidder with the lowest responsive Bid. Evaluation of Bids and determination of Bidder responsibility shall be based on past experience with Bidder, proposed manufacturer's service availability, parts availability, equipment design and functionalism, effect on productivity, and Bidder's supporting documentation. 2. Offer in Effect for Ninety(90) Days A Bid may not be modified, withdrawn or canceled by the Bidder for a ninety (90) day period following the deadline for Bid due date, or receipt of best and final offer, if required, and Bidder so agrees by submittal of a bid. 3. Protest Procedure Any protest must be made in writing, signed by the protestor, and state that the Bidder is submitting a formal protest. The protest shall be filed with the City of Yakima's Purchasing Manager at 129 No. 2nd St., Yakima, WA 98901, or by fax: 509-576-6394 or email to: kristine.white@yakimawa.gov. The protest shall clearly state the specific factual and legal ground(s) for the protest, and a description of the relief or corrective action being requested. Protests based on specifications/scope of work, or other terms in the BID shall be filed at least five (5) calendar days before the solicitations due date, and protests based on award or after the award shall be filed no more than five calendar (5) days after Award Announcement (see below for details). The following steps shall be taken in an attempt to resolve the protest with the Bidder: 12337 Miscellaneous Chemicals-WWTP Page 12 of 31 24 Step I. Purchasing Manager and Division Manager of solicitation try resolving matter with protester. All available facts will be considered and the Purchasing Manager shall issue a written decision. Step II. If unresolved, within three (3) business days after receipt of written decision,the protest may be appealed to the Department Head by the Purchasing Manager. Step III. If still unresolved, within three (3) business days after receipt of appeal response, the protest may be appealed to the Executive. The Executive shall make a final determination in writing to the Protester. Award Announcement Purchasing shall announce the successful Bidder via Website, e-mail, fax, regular mail, or by any other appropriate means. Once the Award is released by Purchasing, the protest time frame begins. The timeframe is not based upon when the bidder received the information, but rather when the announcement is issued by Purchasing. Award Regardless of Protest When a written protest against making an award is received, the award shall not be made until the matter is resolved, unless the City determines that one of the following applies: • The supplies or services to be contracted for are urgently required; • Delivery or performance will be unduly delayed by failure to make award promptly; • A prompt award will otherwise be advantageous to the City. If the award is made, regardless of a protest,the award must be documented in the file, explaining the basis for the award. Written notice of the decision to proceed shall be sent to the protester and others who may be concerned. The City retains the right to enter into any contract and nothing herein shall be construed to limit that authority in any manner. 4. Sample Contract and Terms and Conditions The Sample Contract provided with this Bid Specification represents the terms and conditions which the Owner expects to execute in a contract with the successful Bidder. Bidders must accept or submit point-by-point exceptions along with proposed alternative or additional language for each point. The Owner may or may not consider any of the Bidder's suggested revisions. Any changes or amendment to any of the Contract Terms and Conditions will occur only if the change is in the best interest of the Owner. VI.TECHNICAL SPECIFICATIONS The Bidder must provide a detailed description of each major component of their proposed system. At a minimum, these descriptions shall take into consideration the specifications outlined in this Technical Specifications section. Bidders are reminded to provide point-by-point responses to all specifications. Any additional work found necessary that is not specified in this Bid specification shall be listed on a separate sheet entitled "Additional Materials/Labor Required". The Bidder must complete the following Technical Specification Section using one of the following responses for each of the specifications. 12337 Miscellaneous Chemicals-WWTP Page 13 of 31 25 Y—Yes. The Bidder's proposed product currently satisfies the entire requirement and the proposed system will completely support the requirement. N—No. The Bidder's product does not currently satisfy the entire requirement, and the Bidder's delivered product will not satisfy the requirement. E—Explanation. The Bidder's product partially satisfies the requirement and an explanation is included in the response. MR— Modification Required. The Bidder's product does not currently satisfy the requirement, but the Bidder commits that the delivered base product will satisfy the requirement at no additional cost and shall be supported in future releases of the Bidder's base products. 1. Technical Specification Analysis The following Technical Specifications Analysis shall be answered with a Y of N. Checking "NO" on any item will not necessarily disallow a Bid. The City shall be the sole judge as to whether an exception is acceptable or not. Bidders are encouraged to provide further detail where such detail might differentiate their products from those of their competitors or where such detail might assist in analysis of the Bid. Technical Specification Analysis shall be returned with the Bid Submittal. FAILURE TO DO SO WILL BE CAUSE FOR REJECTION OF SAID BID SUBMITTAL. Item Specification Yes No Comments 37-43% Ferric Chloride Solution: Meets the following Specifications: Chemical symbol: FeCl3 Percent dry chemical by weight: 37-43% Maximum percent ferrous chloride (FeCl2) 0.75% Free Acid as HCL 1.0%maximum Insoluble 80ppm maximum Percent total iron: 12.7 to 14.8 Typical specific gravity: 1.40 Typical Weight per gallon: 11.68 The Ferric chloride liquid solution must not contain any impurity in sufficient quantities that causes the City to violate any existing permit limit or water quality standard, or any limit or standard that may be implemented during the term of this contract. The ferric chloride solution supplied must not contain any impurities that cause abnormally rapid decomposition of the City's storage vessels. 12337 Miscellaneous Chemicals-WWTP Page 14 of 31 26 Item Specification Yes No Comments 75%Phosphoric Acid: Chemical symbol: H3PO4 Percent dry chemical by weight: 74—75.5% (54.6%as phosphorous pentoxide P205). The phosphoric acid liquid solution must not contain any impurity in sufficient quantities that causes the City to violate any existing permit limit or water quality standard, or any limit or standard that may be implemented during the term of this contract. The phosphoric acid solution supplied must not contain any impurities that cause abnormally rapid decomposition of the City's storage vessels. Urea—Fertilizer Grade: Chemical symbol: CH4N2O Pellets or prill minimum 46% Nitrogen Biuret 1%maximum Moisture 1% maximum The urea shall not contain any impurity in sufficient quantities that causes the City to violate any existing permit limit or water quality standard, or any limit or standard that may be implemented during the term of this contract. The urea supplied must not contain any impurities that cause abnormally rapid decomposition of the City's storage vessels. 12337 Miscellaneous Chemicals-WWTP Page 15 of 31 27 VII. BID FORM INVITATION TO BID NO. 12337 TO BIDDER: PLEASE QUOTE YOUR LOWEST PRICE, BEST DELIVERY DATE AND PAYMENT DISCOUNT TERMS FOR THE FOLLOWING. THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS AND TO ACCEPT ANY OR ALL ITEMS AT THE PRICE BID. THE CITY INTENDS TO AWARD THIS CONTRACT WITHIN NINETY(90) CALENDAR DAYS. Quote your lowest price for the following: Schedule I ITEM QTY. UNIT DESCRIPTION Unit Price Total Price NO. 37—43% Ferric Chloride Solution: Delivered in returnable 3,300 (minimal) pound totes, 1. 40,000 Pounds or tanker delivery to customer-owned tote at $ $ customer facility in 3,500 pound quantity. Specify Size: 75% Phosphoric Acid—Fertilizer Grade: Delivered in returnable 3,300 (minimal) pound totes 2. 40,000 Pounds Minimum shipment of 3,300 pounds, delivered within $ $ 10 business days of order. Bid in cost per delivered pound. Specify Size: Urea—Fertilizer Grade: In uncoated prill or pellets (must dissolve quickly in water tank with mixing). Delivered in 1-ton super sacks 3. 36,000 Pounds on pallets, maximum of 2 super sacks per pallet. Super $ $ sacks must have straps on top for lifting, and tie-able spout on bottom. Minimum shipment of two super sacks, delivered within 10 business days of order. Bid in cost per delivered pound. Subtotal: $ Tax 8.3%: $ Washington State Destination Based Total: $ Freight FOB Destination: INCLUDED LIST DISCOUNT OFFERED OFF LIST PRICE FOR ANY OTHER ITEMS % NOT SPECIFICALLY LISTED: 12337 Miscellaneous Chemicals-WWTP Page 16 of 31 28 VIII. BIDDER AND SAFETY QUESTIONNAIRE INSTRUCTIONS: Provide the requested information, sign and date. If the CITY requires further description,the CITY may request Bidder to provide such information within a mandatory due date. You must submit this completed form to the CITY with your Bid. Failure to submit this form fully complete, may result in disqualification of Bid Proposal. Bidder's Legal Name: Company's dba: (if applicable) CEO/President Name: Business Federal License No. UBI No. EIN No. Phone ( ) Toll Free Phone ( ) FAX ( ) E-Mail Address Mailing Address City State Zip +4 Physical Address City State Zip +4 Name the person to contact for questions concerning this Bid Proposal: Name Title Phone ( ) Toll Free Phone ( ) FAX ( ) E-Mail Address Mailing Address City State Zip +4 Physical Address City State Zip +4 12337 Miscellaneous Chemicals-WWTP Page 17 of 31 29 BIDDER QUESTIONNAIRE SAFETY QUESTIONNAIRE 1. Is Ferric Chloride Solution, Phosphoric Acid, or Urea shipped on radio-equipped trucks? Yes ❑ No ❑ 2. What safety equipment is carried on the delivery trucks? A. B. C. D. E. 3. What is your unloading procedure (using the above listed safety equipment)? 4. What emergency training will the drivers receive? Name of Course: Number of Hours: Date of Training: A. B. C. 12337 Miscellaneous Chemicals-WWTP Page 18 of 31 30 5. What procedures are proposed for emergencies during transport? (I.e. Will local Fire Departments be notified of transport routes and times?) A. B. C. D. 6. Who in the supplier's organization do we contact in case of emergency? (Name, Position, Phone number) 12337 Miscellaneous Chemicals-WWTP Page 19 of 31 31 IX. SAMPLE CONTRACT AGREEMENT CITY OF YAKIMA 12337 Miscellaneous Chemicals THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation ("City"), and , ("Contractor"). WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows: 1. Statement of Services The Contractor shall provide items and service(s) (collectively referred to as "Services") as outlined in Bid 12337 Miscellaneous Chemicals Specifications which are attached as Exhibit A. 2. Compensation The City agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated herein, which Exhibit includes the deliverables and payment schedule of itemized prices as listed in the Contractor's Bid submittal at the time and in the manner and upon the conditions provided for the Contract. 3. Contract Term The period of this Contract shall be for a period of one (1) year from its effective date. The City may, at its option, extend the Contract on a year to year basis for up to two (2) additional years. For a total of three (3) years. Contract extensions shall be automatic, and shall go into effect without written confirmation, unless the City provides advance notice of the intention to not renew or unless the Services have been completed to the City's satisfaction prior to any automatic renewal. 4. Agency Relationship between City and Contractor Contractor shall, at all times, be an independent Contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for, or on, behalf of City. 5. Successors and Assigns a. Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties, or interests accruing from this Contract without the prior written consent of the other. b. The Contractor for itself, and for its heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. 6. Property Rights All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be surrendered to the City upon demand. All information concerning the City and said project which is not otherwise a matter of public record or required by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at any time disclose that information without the express written consent of the City. 7. Inspection, Production and Retention of Records a. The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the City, but the making of (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non- complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe, and 12337 Miscellaneous Chemicals-WWTP Page 20 of 31 32 proper facilities, and/or send copies of the requested documents to the City. Contractor's records relating to the Services will be provided to the City upon the City's request. b. Contractor shall promptly furnish the City with such information and records which are related to the Services of this Contract as may be requested by the City. Until the expiration of six (6) years after final payment of the compensation payable under this Contract, or for a longer period if required by law or by the Washington Secretary of State's record retention schedule, Contractor shall retain and provide the City access to (and the City shall have the right to examine, audit and copy) all of Contractor's books, documents, papers and records which are related to the Services performed by Contractor under this Contract. c. All records relating to Contractor's services under this Contract must be made available to the City, and the records relating to the Services are City of Yakima /Yakima County records. They must be produced to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to Contractor's services under this Contract must be retained by Contractor for the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule. d. The terms of this section shall survive any expiration or termination of this Contract. 8. Compliance with Law Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. Contractor shall procure and have all applicable and necessary permits, licenses and approvals of any federal, state, and local government or governmental authority or this project, pay all charges and fees, and give all notices necessary and incidental to the due and lawful execution of the work. a. Procurement of a City Business License. Contractor must procure a City of Yakima Business License and pay all charges,fees, and taxes associated with said license. b. Contractor must provide proof of a valid Washington State Contractor Registration number. c. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as required in Title 85 RCW. d. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number. Contractor must have a current UBI number and not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). e. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50 RCW. f. Foreign (Non-Washington) Corporations: Although the City does not require foreign corporate proposers to qualify in the City, County or State prior to submitting a proposal, it is specifically understood and agreed that any such corporation will promptly take all necessary measures to become authorized to conduct business in the City of Yakima at their own expense, without regard to whether such corporation is actually awarded the contract, and in the event that the award is made, prior to conducting any business in the City. 9. Nondiscrimination Provision During the performance of this Contract, the Contractor agrees as follows: The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, sexual orientation, gender identity, pregnancy, veteran's status, political affiliation or belief, or the presence of any sensory, 12337 Miscellaneous Chemicals-WWTP Page 21 of 31 33 mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act(42 USC 12101 et seq.). This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of Services under this Agreement. In the event of the Contractor's noncompliance with the non-discrimination clause of this contract or with any such rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for any future City contracts. 10. Pay Transparency Nondiscrimination Provision: The Contractor will not discharge or in any other manner discriminate against employees or applicants because they have inquired about, discussed, or disclosed their own pay or the pay of another employee or applicant. However, employees who have access to the compensation information of other employees or applicants as a part of their essential job functions cannot disclose the pay of other employees or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure is (a) in response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or (c)consistent with the contractor's legal duty to furnish information. 11. Indemnification and Hold Harmless a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or property. The Contractor agrees to release, indemnify, defend, and hold harmless the City, its elected and appointed officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers from all liabilities, losses, damages, and expenses related to all claims, suits, arbitration actions, investigations, and regulatory or other governmental proceedings arising from or in connection with this Agreement or the acts, failures to act, errors or omissions of the Contractor, or any Contractor's agent or subcontractor, in performance of this Agreement, except for claims caused by the City's sole negligence. b. Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. Contractor shall require that its subcontractors, and anyone directly or indirectly employed or hired by Contractor, and anyone for whose acts Contractor may be liable in connection with its performance of this Agreement, comply with the terms of this paragraph, waive any immunity granted under Title 51 RCW, and assume all potential liability for actions brought by their respective employees. The Parties acknowledge that they have mutually negotiated this waiver. c. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, shall be only to the extent of the Contractor's negligence. d. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any third party. e. The terms of this Section shall survive any expiration or termination of this Contract. 12337 Miscellaneous Chemicals-WWTP Page 22 of 31 34 12. Contractor's Liability Insurance At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect insurance to protect the City and Contractor from and against any and all claims, damages, losses, and expenses arising out of or resulting from the performance of this Contract. Contractor shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The City reserves the right to require higher limits should it deem it necessary in the best interest of the public. Contractor shall provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and outlined herein. A copy of the additional insured endorsement attached to the policy shall be included with the certificate. This Certificate of insurance shall be provided to the City, prior to commencement of work. Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify a deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. The following insurance is required: a. Commercial Liability Insurance Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance and additional insured endorsements as proof of commercial liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence, combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The certificate of insurance and additional insured endorsements shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. b. Automobile Liability Insurance Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The certificate of insurance and additional insured endorsements shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. The business auto liability shall include Hired and Non-Owned coverage if necessary. c. Employer's Liability(Stop Gap) Contractor and all subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable, and shall 12337 Miscellaneous Chemicals-WWTP Page 23 of 31 35 maintain Employer's Liability insurance with a limit of no less than $1,000,000.00. The City shall not be held responsible in any way for claims filed by Contractor or its employees for services performed under the terms of this Contract. Contractor agrees to assume full liability for all claims arising from this Contract including claims resulting from negligent acts of all subcontractor(s). Contractor is responsible to ensure subcontractor(s) have insurance as needed. Failure of subcontractors(s)to comply with insurance requirements does not limit Contractor's liability or responsibility. Commercial General Liability: Combined Single Limit: $2,000,000 Per Occurrence $2,000,000 Annual Aggregate Automobile Liability $2,000,000 Per Occurrence Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this Contract. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and neither the City nor its insurance providers shall contribute to any settlements, defense costs, or other payments made by Contractor's insurance. If at any time during the life of the Contract, or any extension, Contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the Contract. All additional insured endorsements required by this Section shall include an explicit waiver of subrogation. 13. Severability If any term or condition of this Contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Contract are declared severable. 14. Contract Documents This Contract, the Invitation to Bid 12337 Scope of Work, conditions, addenda, and modifications and Contractor's proposal (to the extent consistent with City of Yakima documents) constitute the Contract Documents and are complementary. Specific Federal and State laws and the terms of this Contract, in that order respectively, supersede other inconsistent provisions. These Contract Documents are on file in the Office of the Purchasing Manager, 129 No. 2nd St., Yakima, WA, 98901, and are hereby incorporated by reference into this Contract. 15. Termination Termination for Cause In the event the Contractor breaches this Contract, the City may terminate the Contract at its sole discretion in such event that it provides the Contractor with written notice of Contractor's breach and the Contractor fails to cure its breach within 30 days of this notice. In the event of the City breaches this Contract, the Contractor may terminate the Contract at its sole discretion in such event that it provides the City with written notice of City's breach and the City fails to cure its breach of the Contract within 60 days of this notice. The following represents a non-exclusive, illustrative list of instances that shall be considered a breach by the Contractor: a. Defaults on an obligation under the Contract; b. Fails to perform any material obligation required under the Contract; c. Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal entity; d. Allows any final judgment not to be satisfied or a lien not to be disputed after a legally-imposed, 30-day notice; e. Makes an assignment for the benefit of creditors; f. Fails to follow the sales and use tax certification requirements of the State of Washington; 12337 Miscellaneous Chemicals-WWTP Page 24 of 31 36 g. Incurs a delinquent Washington tax liability; h. Becomes a State or Federally debarred Contractor; i. Is excluded from federal procurement and non-procurement Contracts; j. Fails to maintain and keep in force all required insurance, permits and licenses as provided in the Contract; k. Fails to maintain the confidentiality of the City information that is considered to be Confidential Information, proprietary, or containing Personally Identifiable Information; I. Contractor performance threatens the health or safety of a City, County or municipal employee; or Termination for Convenience The City may terminate the Contract, without cause, by providing 30 days written notice of termination. In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the Contract. The Contractor shall also be compensated for partially completed services. In this event, compensation for such partially completed services shall be no more than the percentage of completion of the services requested, at the sole discretion of the City, multiplied by the corresponding payment for completion of such services as set forth in the Contract. Alternatively, at the sole discretion of the City, the Contractor may be compensated for the actual service hours provided. The City shall be entitled to a refund for goods or services paid for but not received or implemented, such refund to be paid within 30 days of written notice to the Contractor requesting the refund. Change in Funding In addition to the above termination provisions, if the funds upon which the City relied to establish this Contract are withdrawn, reduced, or limited, or if additional or modified conditions are placed on such funding, the City may terminate this Contract by providing at least five business days written notice to the Contractor. The termination shall be effective on the date specified in the notice of termination. 16. Dispute Resolution In the event that any dispute shall arise as to the interpretation of this agreement, or in the event of a notice of default as to whether such default does constitute a breach of the contract, and if the parties hereto cannot mutually settle such differences, then the parties shall first pursue mediation as a means to resolve the dispute. If the afore mentioned methods are either not successful then any dispute relating to this Agreement shall be decided in the courts of Yakima County, in accordance with the laws of Washington. If both parties consent in writing, other available means of dispute resolution may be implemented. 17. Re-Award When the contract is terminated by the Contractor upon providing the written notice as herein required, the City, pursuant to City ordinance, may re-award the contract to the next most responsible Proposer within 120 days from original award. When a Contractor is unable to supply goods and/or services to the City and is in breach of the contract, or when the contract is terminated by the City for cause as herein provided, the City reserves the right to re-award the contract to the next most responsible Proposer within 120 days from original award. 18. Force Majeure Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics/pandemics, war, riot, delay in transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of such pending or actual delay. Normally, in the event or any such delays (acts or God, etc.) the date of delivery will be extended for a period equal to the time lost due to the reason for delay. 19. Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 12337 Miscellaneous Chemicals-WWTP Page 25 of 31 37 20. Venue The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competent jurisdiction in Yakima County, Washington. 21. Authority The person executing this Contract, on behalf of Contractor, represents and warrants that they have has been fully authorized by Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms, performances and provisions of this Contract. 22. Notice of Change in Financial Condition If, during the Contract Term, the Contractor experiences a change in its financial condition that may affect its ability to perform under the Contract, or experiences a change of ownership or control, the Contractor shall immediately notify the City in writing. Failure to notify the City of such a change in financial condition or change of ownership or control shall be sufficient grounds for Contract termination. 23. Change or Notice Any alterations, including changes to the nature of the service, made to the Contract shall be rendered in writing and signed by both responsible parties; no changes without such signed documentation shall be valid. No alterations outside of the general scope and intent of the original Request for Proposals or in excess of allowable and accepted price changes shall be made. In no event shall the Contractor be paid or be entitled to payment for services that are not authorized herein or any properly executed amendment. Notice of Business Changes: Contractor shall notify the City in writing within three (3) business days of any change in ownership of the facilities of the Contractor or of the facilities of any subcontractor. The Contractor shall notify the City in writing as soon as possible, and in no event later than three (3) business days, after any decision by the Contractor to change or discontinue service that will affect services provided to the City under this Contract. The City shall have the right to renegotiate the terms and conditions of this Contract to the extent required to accommodate a change in governing law or policy that, in the sole discretion of the City, either substantially and unreasonably enlarges the Contractor's duties hereunder, or renders performance, enforcement or compliance with the totality of the Contract impossible, patently unreasonable, or unnecessary. Notices and demands under and related to this Contract shall be in writing and sent to the parties at their addresses as follows: TO CITY: COPY TO: TO CONTRACTOR: Mike Price Christina Payer Wastewater/Stormwater Division Manager Buyer 2 City of Yakima City of Yakima 2220 East Viola 129 North 2nd Street Yakima WA, 98901 Yakima, WA 98901 24. Survival The foregoing sections of this Contract, 1-26 inclusive, shall survive the expiration or termination of this Contract in accordance with their terms. 12337 Miscellaneous Chemicals-WWTP Page 26 of 31 38 IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written. CITY OF YAKIMA [ENTER CONTRACTOR NAME] By: City Manager Date: Date: Attest: (Print name) City Clerk List of Exhibits attached to this contract Exhibit A—Specifications Exhibit B—Contractor's Bid Form 12337 Miscellaneous Chemicals-WWTP Page 27 of 31 39 EXHIBIT A SPECIFICATIONS EXHIBIT B CONTRACTOR'S BID FORM 12337 Miscellaneous Chemicals-WWTP Page 28 of 31 40 X. SAMPLE CERTIFICATE OF INSURANCE/ADDITIONAL INSURED ENDORSEMENT AC DATE D ISTION rYYI CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER_THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy{ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemenas). PRODUCER cixrrAcT INSURANCE AGENT INFORMATION INSURANCE AGENT ISSUING CERTIFICATE PHONE FA% IAIC No Pam' MC.No): E-MAIL ADDRESS: BIEUREROOI APFORDMG COVERAGE NAILS IHB.iru:•RA: A VIII OR BETTER,ADMITTED CARRIER _ INSURED INSURER B: Entity Insured Address leelelEH c INT-fSP. IMS RE.E: F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AOOL WIER POLICY EFF POLICY TYPE Of INSURANCE l71P LTR WED VIVO POLICY NUMBER 11r . TrTI LI�NOD/YYYI UNTO X COMMERCIAL GENERAL LABILITY EACH OCCURRENCE i 2.000.000 DAMAGE TO RENTED CLNMB•MNCE n OCCUR PREPARES EA occunerce; i 100,000 — ME rEXP,nr,one ae: i 5ADD A POLICY NUMBER START STOP PERSCAAL&ACV INJURY i 1.00D,0011 GEHL AGGREGATE MIT APPLIES=ER: DATE DATE. GENERAL AGGREGATE i 2.00D,0011 POLICY nPRJECCT [I LCC PROIXICTS•COMR+DP AGD I 2.000.000 OThES i ALrtCuoE.TLELIABTLIY NGLELIMIT i 2,ODD,0110 ANY AUTO E___ _LAY AN person} i A ovvicso ALITOR _ONLY ALTOS E DED POLICY NUMBER. START _:_- •,•-PT r=er cT.den1 I — AL HIRED DB ES NCN-0WMED DATE. AUTOS ONLY _AUTOS ONLY ._... _ UbhhE!A LAB OCCUR EXCESS SLAB CLAMS-WIDE Dec I I RETENTIONI WORKERS ISTATIUTE I X I AND EIM LOYERV LIABILITY A CFRC a ER L E Yn N r A POLICY NUMBER START cr(F• EL.EACH AcrslENr i 1 000.0� IN.ndatoli'NI NH) DATE DATE EL_DISEASE-EA EA LOYEE i 1.000.00c ISYes,deems Irder STOP GAPE EL ONLY DESCRIPTION OF OPERATIONS below EL.e}ucuu-POLICY LSAT I 1.000.0110 DESCRIPTION DF OPERATIONS J LOCATIONS!VEHICLES IACORD 101,AddltlonN RemaNs*Modulo,may be atteebed P Recce epmar to required.' The City of Yakima,its agents.employees,authorized volunteers,elected and appointed officals are included as Prvnary,Non-Contributory add tic- -__ i See attached Additional Insured Endorsement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Yakima ACCORDANCE WITH THE POLICY PROVISIONS. Purchasing Department AUTHORIZED REPRESENTATIVE 129 N.2nd St Yakima.WA 98901 SIGNATURE 188tf-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016J03) The ACORD name and logo are registered marks of ACORD 12337 Miscellaneous Chemicals-WWTP Page 29 of 31 41 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement mcd;fies insurance provided under the fol COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s)Of Covered Operations The City of Yakima,Its agents,employees,authorized volunteers,elected and appointed officials are Included as PrimarydNon-Contributory additional insured. Information required to complete this Schedule,if riot shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the parson(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for "badly injury", "property This insurance does not apply to "bodily injury' or damage or 'personal end advertising Injury' "property damage"occurring after: caused,in whole or in part,by: 1. All work, including materials, parts or equip- 1. Your acts or omissions;or meat furnished in connection with such work, 2. The acts or omissions of those acting on your on the project(other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured() at the location of the the additional insureds) at the location(s) desig- covered operations has been completed;or noted above. 2. That portion of "your work" out of which The injury or damage arises has been put to its in- tended use by any person or organization other than another contractor nr suherantrar_try en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 0 ISO Properties,Inc.,2004 Page 1 of 1 C 12337 Miscellaneous Chemicals-WWTP Page 30 of 31 42 POLICY NI,MBER:CGD300484907 COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s)Or Organization(s): Where required by written contract or agreement executed prior to loss(except where not permitted by law). Informaion required to complete this Schedule,if not shown above.will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Sgctlon IV—Candltlons: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part_Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s)shown in the Schedule above. CG 24 l 4 1. 1_ @Insurance Services Office, Inc., 2019 Page 1 of 1 12337 Miscellaneous Chemicals-WWTP Page 31 of 31 43 �.o its1.t g...� : 1, 1 .!ws" • 129 North 2nd Street • Yakima,Washington • 98901 • (509)575-6093 August 25, 2023 Subject: Bid 12337 Miscellaneous Chemicals Addendum No. 1 -Amendment to Bid Specifications & Clarifications 1. Amendment to Bid Specifications: A. Inside Delivery-Cover Sheet, page 2 Delivery Details: FOB Destination, Freight Prepaid, Inside Delivery required Inside delivery is not required. 2. Clarification to Bid Specifications A. Lift gate on delivery truck(s) is required. Please acknowledge receipt of this addendum on the Cover Sheet, page two (2), of the Bid document. If you have any questions please contact me at (509) 576-6696. Sincerely, Chli*Vik/ eit/til- Christina Payer, CPPB Buyer II - City of Yakima Purchasing CC: Mike Price, Wastewater Manager File M(509)575-6093 D(509)576-6696 F(509)576-6394 E christina.payer@yakimawa.gov W www.yakimawa.gov/services/purchasing 44 • • 129 North 2nd Street • Yakima,Washington • 98901 • (509)575-6093 August 30, 2023 Subject: Bid 12337 Miscellaneous Chemicals Addendum No. 2— Due Date Correction to Bid Specifications & Clarifications 1. Due Date Correction to Bid Specifications: A. Due date in bid documents changed to September, 7, 2023 to match due date entered in PublicPurchase.com. City of Yakima NOTICE TO BIDDERS BID 12337 Notice is hereby given by the undersigned that electronic sealed Bids will be accepted via PublicPurchase.com until the hour of 2:00:00 PM PST on August 31, 202.- September 7, 2023. Bids will be publicly opened in Yakima City Hall,Council Chambers, 129 N. 2nd Street, Yakima, Washington 98901. At such time, Bids will be publicly read for: Miscellaneous Chemicals Please acknowledge receipt of this addendum on the Cover Sheet, page two (2), of the Bid document. If you have any questions please contact me at (509) 576-6696. Sincerely, Chltigiadtv AUCh Christina Payer, CPPB Buyer II - City of Yakima Purchasing CC: Mike Price, Wastewater Manager File M(509)575-6093 D(509)576-6696 F(509)576-6394 E christina.payer@yakimawa.gov W www.yakimawa.gov/services/purchasing 45 EXHIBIT B CONTRACTOR'S BID FORM 12337 Agreement Page 9 of 9 CITY OF YAKIMA INVITATION TO BID 12337 46 � r COVER SHEET THIS IS NOT AN ORDER BID Release Date:August 16, 2023 Bid Receipt: Bidders must first register with PublicPurchase.com and Bid shall be completely uploaded into PublicPurchase.com no later than the date and time listed below. Register as early as possible and do not wait until the due date to upload your documents, as this may take some time. Late Bids will not be accepted or evaluated. If you try to submit a Bid late, the electronic system will not receive it. Bid openings are public. Bids shall be firm for acceptance for ninety (90) days from date of Bid opening, unless otherwise noted RIDS ARE ONLY RECEIVED THROUGH PUBLICPUR RASE.COf Purchasing For: Buyer in charge of this procurement(Contact for further information): City of Yakima Waste Water Treatment Plant Christina Payer, CPPB 2220 East Viola Buyer II Yakima, WA 98901 Bids Must be completely uploaded by: Phone E-Mail Address August 31, 2023 at 2:00:0o PM PST (509) 576-6696 christina.pavernyakimawa.gov Public Opening El PROJECT DESCRIPTION SUMMARY Miscellaneous Chemicals for Waste Water Treatment Plant Enter Prompt Payment Discount:_0_% net_0_days We/I will complete delivery within _3-5_days after receipt of order. Delivery Details: FOB Destination, Freight Prepaid, Inside Delivery required I hereby acknowledge receiving addendum(a) _1_, 2_, (use as many spaces as addenda received) In signing this Bid we also certify that we have not,either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition;that no attempt has been made to induce any other person or firm to submit or not to submit a Bid;that this Bid has been independently arrived at without collusion with any other Bidder,competitor or potential competitor;that this Bid has not been knowingly disclosed prior to the opening of Bids to any other Bidder or competitor;that the above statement is accurate under penalty of perjury. Furthermore, the Washington State Interlocal Cooperative Act (RCW 39.34) provides that other governmental agencies may purchase goods or services on this solicitation or contract in accordance with the terms and prices indicated therein if all parties agree. The City does not accept any responsibility or involvement in the purchase orders or contracts issued by other public agencies. We will comply with all terms,conditions and specifications required by the City of Yakima in this Invitation to Bid and all terms of our Bid. Company Name Company Address Two Rivers Terminal, LLC 3300C N Glade Rd.Pasco,WA 99301 Name of Authorized Company Representative(Type or Print) Title Phone (509)760-8426 M.Efrain Alvarez Territory Sales Manager Fax (509)542-9568 Signature of Above Date Email Address Efraina@tworiversterminal.com 12 7 Miscellenous Chemicals-WWTP Page 2 of 31 47 Y—Yes. The Bidder's proposed product currently satisfies the entire requirement and the proposed system will completely support the requirement. N—No. The Bidder's product does not currently satisfy the entire requirement, and the Bidder's delivered product will not satisfy the requirement. E—Explanation. The Bidder's product partially satisfies the requirement and an explanation is included in the response. M.R.—Modification Required. The Bidder's product does not currently satisfy the requirement, but the Bidder commits that the delivered base product will satisfy the requirement at no additional cost and shall be supported in future releases of the Bidder's base products. 1. Technical Specification Analysis The following Technical Specifications Analysis shall be answered with a Y of N. Checking "NO" on any item will not necessarily disallow a Bid. The City shall be the sole judge as to whether an exception is acceptable or not. Bidders are encouraged to provide further detail where such detail might differentiate their products from those of their competitors or where such detail might assist in analysis of the Bid. Technical Specification Analysis shall be returned with the Bid Submittal. FAILURE TO DO SO WILL BE CAUSE FOR REJECTION OF SAID BID SUBMITTAL. Item Specification Yes No Comments 1 37-43%Ferric Chloride Solution: NO BID Meets the following Specifications: Chemical symbol: FeCI3 Percent dry chemical by weight: 37-43% Maximum percent ferrous chloride(FeCl2) Y s 0.75% z t j 4 � Free Acid as HCL 1.0%maximum Insoluble 80ppm maximum $ } fi- "c Percent total iron: 12.7 to 14.8 Typical specific gravity: 1.40 1k , Typical Weight per gallon: 11.68 . 2 The Ferric chloride liquid solution must not NO BID contain any impurity in sufficient quantities that causes the City to violate any existing permit limit or water quality standard, or any limit or standard that may be implemented during the term of this contract. 3 The ferric chloride solution supplied must not p. NO BID contain any impurities that cause abnormally 1 : rapid decomposition of the City's storage -Wi o i r vessels. 12337 Miscellaneous Chemicals-WWTP Page 14 of 31 48 Item Specification Yes No Comments ,, 75%Phosphoric Acid: Y Chemical symbol: H3PO4 Percent dry chemical by weight: 74—75.5% (54.6%as phosphorous pentoxide P205). 'vailThe phosphoric acid liquid solution must not Y �,��,�weg k �, � . -- contain any impurity in sufficient quantities trI t t � kl - ` 74 that causes the City to violate any existing �f �" �� �- e.4 ��11- ' � � 't ;. A permit limit or water quality standard, or any 41 � �A • limit or standard that may be implemented g ,� � § Tim# �� ry during the term of this contract. r �1. ,.A BM ra-`,._ �.', :? ,� , ......a, ;, ..>- ,;;j ' The phosphoric acid solution supplied must Y s not contain any impurities that cause 0 abnormally rapid decomposition of the • • City's storage vessels. • Urea—Fertilizer Grade: Y �rg G,,- � Chemical symbol: CH4N20 • #�f# � � x Pellets or prill minimum 46%Nitrogen � � �, `k ,4 ; Xk+ s' Biuret 1%maximum .43 . tam s � � fr- .N i� a Moisture 1%maximum l >~ :4 8 The urea shall not contain any impurity in Y i sufficient quantities that causes the City to violate any existing permit limit or water quality standard, or any limit or standard that may be implemented during the term of this contract. ' _ _ l E �. . .�'��' rm` .t. .off, n z . ., ,, The urea supplied must not contain any Y K � ti i .�0� ��� impurities that cause abnormally rapid x4w ��p . `; '`- vg s to decomposition of the City's storage vessels. 12337 Miscellaneous Chemicals-WWTP Page 15 of 31 49 VII. BID FORM INVITATION TO BID NO. 12337 TO BIDDER: PLEASE QUOTE YOUR LOWEST PRICE, BEST DELIVERY DATE AND PAYMENT DISCOUNT TERMS FOR THE FOLLOWING. THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS AND TO ACCEPT ANY OR ALL ITEMS AT THE PRICE BID. THE CITY INTENDS TO AWARD THIS CONTRACT WITHIN NINETY(90)CALENDAR DAYS. Quote your lowest price for the following: Schedule I ITEM QTY. UNIT DESCRIPTION Unit Price Total Price NO. 37—43°%Ferric Chloride Solution: Delivered in returnable 3,300 (minimal) pound totes, 1. 40,000 Pounds or tanker delivery to customer-owned tote at NO BID NO BID customer facility in 3,500 pound quantity. Specify Size: 75%Phosphoric Acid—Fertilizer Grade: Delivered in returnable 3,300(minimal)pound totes 2. 40,000 Pounds Minimum shipment of 3,300 pounds, delivered within $_0.79_ $31,600_ 10 business days of order. Bid in cost per delivered pound. Specify Size:_3306.91bs(1500kg) Urea—Fertilizer Grade: In uncoated prill or pellets (must dissolve quickly in water tank with mixing). Delivered in 1-ton super sacks 3. 36,000 Pounds on pallets, maximum of 2 super sacks per pallet. Super $_0.41_ $14,760_ sacks must have straps on top for lifting, and tie-able spout on bottom. Minimum shipment of two super sacks, delivered within 10 business days of order. Bid in cost per delivered pound. Subtotal: $46,360.00 Tax 8.3%: $3,847.88 Washington State Destination Based Total: $50,207.88 Freight FOB Destination: INCLUDED LIST DISCOUNT OFFERED OFF LIST PRICE FOR ANY OTHER ITEMS 0 NOT SPECIFICALLY LISTED: 12337 Miscellaneous Chemicals-WWTP Page 16 of 31 50 VIII. BIDDER AND SAFETY QUESTIONNAIRE INSTRUCTIONS: Provide the requested information,sign and date. If the CITY requires further description,the CITY may request Bidder to provide such information within a mandatory due date. You must submit this completed form to the CITY with your Bid. Failure to submit this form fully complete,may result in disqualification of Bid Proposal. Bidder's Legal Name: Marcos Efrain Alvarez Company's dba: (if applicable) Two Rivers Terminal, LLC CEO/President Name: Steve Peot Business Federal License No. 001 UBI No. 602341599 EIN No. 30-0208346 Phone ( 509) 547-7776 Toll Free Phone ( ) FAX (509) 542-9568 E-Mail Address Efraina@tworiversterminal.com Mailing Address P.O. Box 2327 City Pasco, WA State WA Zip+4 99302 Physical Address 3300C N GLADE RD City PASCO State WA Zip+4 99301 Name the person to contact for questions concerning this Bid Proposal: Name M. Efrain Alvarez Title Territory Sales Manager Phone (509 ) 760-8426 Toll Free Phone ( ) FAX (509) 542-9568 E-Mail Address Efraina@tworiversterminal.com Mailing Address P.O. Box 2327 City Pasco State WA Zip+4 99302 Physical Address 3300C N GLADE RD City Pasco State WA Zip+4 99301 12337 Miscellaneous Chemicals-WWTP Page 17 of 31 51 BIDDER QUESTIONNAIRE SAFETY QUESTIONNAIRE 1. Is Ferric Chloride Solution, Phosphoric Acid, or Urea shipped on radio-equipped trucks? Yes X No ❑ 2. What safety equipment is carried on the delivery trucks? A. First Aid Kit B. Fire Extinguisher C. Liftgate D. Safety Manuals and Documentation E. 3. What is your unloading procedure (using the above listed safety equipment)? Assess the Load and then select the Right Equipment, Prepare and Position The Equipment, Secure Load, Use proper Lift and Transport and Unload Safely. 4. What emergency training will the drivers receive? Name of Course: Number of Hours: Date of Training: A. Liftgate training 30 mins N/A B. C. 12337 Miscellaneous Chemicals-WWTP Page 18 of 31 52 5. What procedures are proposed for emergencies during transport? (I.e. Will local Fire Departments be notified of transport routes and times?) A. Hazmat ERG GUIDES are in placed B. Hazmat Response phone/contact number are available with each delivery. C. Haz-Mat Response, INC Two Rivers Terminal Contract#1344 D. 6. Who in the supplier's organization do we contact in case of emergency? M. Efrain Alvarez, Territory Sales Manager, 509-760-8426 (Name, Position, Phone number) 12337 Miscellaneous Chemicals-WWTP Page 19 of 31 t � POWER - LI E Professional Products 0-55-0 75% Phosphoric Acid, Ultra Pure Guaranteed Analysis Available Phosphate (P205) 55.00 °Ao Derived from: Phosphoric Acid Specific Gravity: 1.5901 at 68° F Density: 13.27 lbs/gallon at 68° F HAZARD PICTOGRAMS(GHS-US) PRECAUTIONARY STATEMENT (GHS-US): Do not breathe mist, spray. Wash hands, forearms and face thoroughly after handling. Wear eye protection, protective gloves,protective clothing.If swallowed: rinse mouth.Do NOT induce vomiting. If on skin (or hair),Take off immediately all contaminated clothing. Rinse skin with water.If inhaled: Remove person to fresh air and keep comfortable for breathing. If in eyes: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing. Immediately call a doctor, a POISON CENTER. Specific treatment DANGER (see a doctor, eye protection on this label). Wash contaminated clothing before reuse. Store locked up. Dispose of contents/container to an approved waste disposal plant, HAZARD STATEMENTS(GHS-US) hazardous or special waste collection point, in accordance with local, regional, national and/or international regulation. Causes severe skin burns CAS NUMBER: 7664-38-2 Causes eye damage 24 Hour Emergency HAZMAT Response: (800)229-5252 EPA National Response Center(800)424-8802 NOTICE OF WARRANTY Two Rivers Terminal,LLC warrants that this product conforms to the chemical description on the label thereof and is reasonably fit for the purposes stated on such label only when used in accordance with the directions under normal use. It is impossible to eliminate all risks inherently associated with the use of this product. Plant injury,ineffectiveness,or other unintended consequences may result because of such factors as weather conditions,presence of other materials or the manner of use or application,all of which are beyond the control of Two Rivers Terminal,LLC. In no case shall Two Rivers Terminal,LLC be liable for consequential,special or indirect damages resulting from the use or handling of the product. All such risks shall be assumed by the buyer. Except as expressly provided herein,Two Rivers Terminal,LLC makes no warranties,guarantees,or representations of any kind,either expressed or implied,or by usage of trade,statutory or otherwise,with regard to the product sold,including,but not limited to merchantability,fitness for a particular purpose,use of eligibility of the product for any particular trade usage. Information regarding the contents and levels of metals in this product is available on the internet at: http://www.aapfco.orq/metals.htm Two RIVERS TERMINAL,LLC NET CONTENTS: 1500 KG (3306.9 LBS) Distributed By: Two Rivers Terminal,LLC PO Box 2327 Pasco,WA 99302 Ph:(509)547-7776 t � • POWER - LI E Professional Products 46_ 0_ 0 Spray Grade Urea Fertilizer — REDUCED BIURET Guaranteed Analysis Total Nitrogen (N) 46.00 % 46.00 % Urea Nitrogen Derived from: Urea Biuret (Max): 0.60% HAZARD PICTOGRAMS(GHS-US) PRECAUTIONARY STATEMENT (GHS-US): Wash Skin thoroughly after handling. Do not eat, drink or smoke when using this product. Avoid release to the environment. Wear eye protection, protective gloves. If swallowed: Do NOT induce vomiting. Clean mouth with water and afterwards drink plenty of water. Call a doctor if you feel unwell. If in eyes: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing. Get medical attention if symptoms occur. Collect spillage. Dispose of contents/container to an authorized waste Warning collection point. HAZARD STATEMENTS(GHS-US) CAS NUMBER: 57-13-6 24 Hour Emergency HAZMAT Response: (800)229-5252 Causes eye irritation EPA National Response Center(800)424-8802 NOTICE OF WARRANTY Two Rivers Terminal,LLC warrants that this product conforms to the chemical description on the label thereof and is reasonably fit for the purposes stated on such label only when used in accordance with the directions under normal use. It is impossible to eliminate all risks inherently associated with the use of this product. Plant injury,ineffectiveness,or other unintended consequences may result because of such factors as weather conditions,presence of other materials or the manner of use or application,all of which are beyond the control of Two Rivers Terminal,LLC. In no case shall Two Rivers Terminal,LLC be liable for consequential, special or indirect damages resulting from the use or handling of the product. All such risks shall be assumed by the buyer. Except as expressly provided herein, Two Rivers Terminal,LLC makes no warranties,guarantees,or representations of any kind,either expressed or implied,or by usage of trade,statutory or otherwise, with regard to the product sold,including,but not limited to merchantability,fitness for a particular purpose,use of eligibility of the product for any particular trade usage. Information regarding the contents and levels of metals in this product is available on the internet at: http://www.aapfco.orq/metals.htm NET CONTENTS TWO RIVERS 50 LBS (22.68 KG) 'TERMINAL,LLC Distributed By: Two Rivers Terminal,LLC PO Box 2327 Pasco,WA 99302 Ph:(509)547-7776 55 AGREEMENT CITY OF YAKIMA 12337 Miscellaneous Chemicals THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation ("City"), and Newco Inc dba Cascade Columbia Distribution Co, ("Contractor"). WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows: 1. Statement of Services The Contractor shall provide items and service(s) (collectively referred to as "Services") as outlined in Bid 12337 Miscellaneous Chemicals Specifications which are attached as Exhibit A. 2. Compensation The City agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated herein, which Exhibit includes the deliverables and payment schedule of itemized prices as listed in the Contractor's Bid submittal at the time and in the manner and upon the conditions provided for the Contract. 3. Contract Term The period of this Contract shall be for a period of one (1) year from its effective date. The City may, at its option, extend the Contract on a year to year basis for up to two (2) additional years. For a total of three (3) years. Contract extensions shall be automatic, and shall go into effect without written confirmation, unless the City provides advance notice of the intention to not renew or unless the Services have been completed to the City's satisfaction prior to any automatic renewal. 4. Agency Relationship between City and Contractor Contractor shall, at all times, be an independent Contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for, or on, behalf of City. 5. Successors and Assigns a. Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties, or interests accruing from this Contract without the prior written consent of the other. b. The Contractor for itself, and for its heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. 6. Property Rights All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be surrendered to the City upon demand. All information concerning the City and said project which is not otherwise a matter of public record or required by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at any time disclose that information without the express written consent of the City. 7. Inspection, Production and Retention of Records a. The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the City, but the making of (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non- complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe, and proper facilities, and/or send copies of the requested documents to the City. Contractor's records relating to the Services will be provided to the City upon the City's request. b. Contractor shall promptly furnish the City with such information and records which are related to the Services of this Contract as may be requested by the City. Until the expiration of six (6) years after final payment of the compensation 12337 Agreement Page 1 of 9 56 payable under this Contract, or for a longer period if required by law or by the Washington Secretary of State's record retention schedule, Contractor shall retain and provide the City access to (and the City shall have the right to examine, audit and copy) all of Contractor's books, documents, papers and records which are related to the Services performed by Contractor under this Contract. If any litigation, claim, or audit is started before the expiration of the six-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. c. All records relating to Contractor's services under this Contract must be made available to the City, and the records relating to the Services are City of Yakima /Yakima County records. They must be produced to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to Contractor's services under this Contract must be retained by Contractor for the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule. d. The terms of this section shall survive any expiration or termination of this Contract. 8. Compliance with Law Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. Contractor shall procure and have all applicable and necessary permits, licenses and approvals of any federal, state, and local government or governmental authority or this project, pay all charges and fees, and give all notices necessary and incidental to the due and lawful execution of the work. a. Procurement of a City Business License. Contractor must procure a City of Yakima Business License and pay all charges, fees, and taxes associated with said license. b. Contractor must provide proof of a valid Washington State Contractor Registration number. c. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as required in Title 85 RCW. d. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number. Contractor must have a current UBI number and not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). e. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50 RCW. f. Foreign (Non-Washington) Corporations: Although the City does not require foreign corporate proposers to qualify in the City, County or State prior to submitting a proposal, it is specifically understood and agreed that any such corporation will promptly take all necessary measures to become authorized to conduct business in the City of Yakima at their own expense, without regard to whether such corporation is actually awarded the contract, and in the event that the award is made, prior to conducting any business in the City. 9. Nondiscrimination Provision During the performance of this Contract, the Contractor agrees as follows: The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, sexual orientation, gender identity, pregnancy, veteran's status, political affiliation or belief, or the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act(42 USC 12101 et seq.). This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of Services under this Agreement. 12337 Agreement Page 2 of 9 57 In the event of the Contractor's noncompliance with the non-discrimination clause of this contract or with any such rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for any future City contracts. 10. Pay Transparency Nondiscrimination Provision: The Contractor will not discharge or in any other manner discriminate against employees or applicants because they have inquired about, discussed, or disclosed their own pay or the pay of another employee or applicant. However, employees who have access to the compensation information of other employees or applicants as a part of their essential job functions cannot disclose the pay of other employees or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure is (a) in response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or (c)consistent with the contractor's legal duty to furnish information. 11. Indemnification and Hold Harmless a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or property. The Contractor agrees to release, indemnify, defend, and hold harmless the City, its elected and appointed officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers from all liabilities, losses, damages, and expenses related to all claims, suits, arbitration actions, investigations, and regulatory or other governmental proceedings arising from or in connection with this Agreement or the acts, failures to act, errors or omissions of the Contractor, or any Contractor's agent or subcontractor, in performance of this Agreement, except for claims caused by the City's sole negligence. b. Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. Contractor shall require that its subcontractors, and anyone directly or indirectly employed or hired by Contractor, and anyone for whose acts Contractor may be liable in connection with its performance of this Agreement, comply with the terms of this paragraph, waive any immunity granted under Title 51 RCW, and assume all potential liability for actions brought by their respective employees. The Parties acknowledge that they have mutually negotiated this waiver. c. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, shall be only to the extent of the Contractor's negligence. d. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any third party. e. The terms of this Section shall survive any expiration or termination of this Contract. 12. Contractor's Liability Insurance At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect insurance to protect the City and Contractor from and against any and all claims, damages, losses, and expenses arising out of or resulting from the performance of this Contract. Contractor shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The City reserves the right to require higher limits should it deem it necessary in the best interest of the public. Contractor shall provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and outlined herein. A copy of the additional insured endorsement attached to the policy shall be included with the certificate. This Certificate of insurance shall be provided to the City, prior to commencement of work. 12337 Agreement Page 3 of 9 58 Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify a deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. The following insurance is required: a. Commercial Liability Insurance Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance and additional insured endorsements as proof of commercial liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence, combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The certificate of insurance and additional insured endorsements shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. b. Automobile Liability Insurance Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The certificate of insurance and additional insured endorsements shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. The business auto liability shall include Hired and Non-Owned coverage if necessary. c. Employer's Liability(Stop Gap) Contractor and all subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable, and shall maintain Employer's Liability insurance with a limit of no less than $1,000,000.00. The City shall not be held responsible in any way for claims filed by Contractor or its employees for services performed under the terms of this Contract. Contractor agrees to assume full liability for all claims arising from this Contract including claims resulting from negligent acts of all subcontractor(s). Contractor is responsible to ensure subcontractor(s) have insurance as needed. Failure of subcontractors(s)to comply with insurance requirements does not limit Contractor's liability or responsibility. Commercial General Liability: Combined Single Limit: $2,000,000 Per Occurrence $2,000,000 Annual Aggregate Automobile Liability $2,000,000 Per Occurrence Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this Contract. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and neither the City nor its insurance providers shall contribute to any settlements, defense costs, or other payments made by Contractor's insurance. All additional insured endorsements required by this Section shall include an explicit waiver of subrogation. 12337 Agreement Page 4 of 9 59 If at any time during the life of the Contract, or any extension, Contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the Contract. 13. Severability If any term or condition of this Contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Contract are declared severable. 14. Contract Documents This Contract, the Invitation to Bid 12337 Scope of Work, conditions, addenda, and modifications and Contractor's proposal (to the extent consistent with City of Yakima documents) constitute the Contract Documents and are complementary. Specific Federal and State laws and the terms of this Contract, in that order respectively, supersede other inconsistent provisions. These Contract Documents are on file in the Office of the Purchasing Manager, 129 No. 2nd St., Yakima, WA, 98901, and are hereby incorporated by reference into this Contract. 15. Termination Termination for Cause In the event the Contractor breaches this Contract, the City may terminate the Contract at its sole discretion in such event that it provides the Contractor with written notice of Contractor's breach and the Contractor fails to cure its breach within 30 days of this notice. In the event the City breaches this Contract, the Contractor may terminate the Contract at its sole discretion in such event that it provides the City with written notice of City's breach and the City fails to cure its breach of the Contract within 60 days of this notice. The following represents a non-exclusive, illustrative list of instances that shall be considered a breach by the Contractor: a. Defaults on an obligation under the Contract; b. Fails to perform any material obligation required under the Contract; c. Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal entity; d. Allows any final judgment not to be satisfied or a lien not to be disputed after a legally-imposed, 30-day notice; e. Makes an assignment for the benefit of creditors; f. Fails to follow the sales and use tax certification requirements of the State of Washington; g. Incurs a delinquent Washington tax liability; h. Becomes a State or Federally debarred Contractor; i. Is excluded from federal procurement and non-procurement Contracts; j. Fails to maintain and keep in force all required insurance, permits and licenses as provided in the Contract; k. Fails to maintain the confidentiality of the City information that is considered to be Confidential Information, proprietary, or containing Personally Identifiable Information; I. Contractor performance threatens the health or safety of a City, County or municipal employee; or Termination for Convenience The City may terminate the Contract, without cause, by providing 30 days written notice of termination. In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the Contract. The Contractor shall also be compensated for partially completed services. In this event, compensation for such partially completed services shall be no more than the percentage of completion of the services requested, at the sole discretion of the City, multiplied by the corresponding payment for completion of such services as set forth in the Contract. Alternatively, at the sole discretion of the City, the Contractor may be compensated for the actual service hours provided. The City shall be entitled to a refund for goods or 12337 Agreement Page 5 of 9 60 services paid for but not received or implemented, such refund to be paid within 30 days of written notice to the Contractor requesting the refund. Change in Funding In addition to the above termination provisions, if the funds upon which the City relied to establish this Contract are withdrawn, reduced, or limited, or if additional or modified conditions are placed on such funding, the City may terminate this Contract by providing at least five business days written notice to the Contractor. The termination shall be effective on the date specified in the notice of termination. 16. Dispute Resolution In the event that any dispute shall arise as to the interpretation of this agreement, or in the event of a notice of default as to whether such default does constitute a breach of the contract, and if the parties hereto cannot mutually settle such differences, then the parties shall first pursue mediation as a means to resolve the dispute. If the afore mentioned methods are either not successful then any dispute relating to this Agreement shall be decided in the courts of Yakima County, in accordance with the laws of Washington. If both parties consent in writing, other available means of dispute resolution may be implemented. 17. Re-Award When the contract is terminated by the Contractor upon providing the written notice as herein required, the City, pursuant to City ordinance, may re-award the contract to the next most responsible Proposer within 120 days from original award. When a Contractor is unable to supply goods and/or services to the City and is in breach of the contract, or when the contract is terminated by the City for cause as herein provided, the City reserves the right to re-award the contract to the next most responsible Proposer within 120 days from original award. 18. Force Majeure Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics/pandemics, war, riot, delay in transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of such pending or actual delay. Normally, in the event or any such delays (acts or God, etc.) the date of delivery will be extended for a period equal to the time lost due to the reason for delay. 19. Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 20. Venue The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competent jurisdiction in Yakima County, Washington. 21. Authority The person executing this Contract, on behalf of Contractor, represents and warrants that they have has been fully authorized by Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms, performances and provisions of this Contract. 22. Notice of Change in Financial Condition If, during the Contract Term, the Contractor experiences a change in its financial condition that may affect its ability to perform under the Contract, or experiences a change of ownership or control, the Contractor shall immediately notify the City in writing. Failure to notify the City of such a change in financial condition or change of ownership or control shall be sufficient grounds for Contract termination. 23. Change or Notice Any alterations, including changes to the nature of the service, made to the Contract shall be rendered in writing and signed by both responsible parties; no changes without such signed documentation shall be valid. No alterations outside of the general scope and intent of the original Request for Proposals or in excess of allowable and accepted price changes shall be made. In no event shall the Contractor be paid or be entitled to payment for services that are not authorized herein or any properly executed amendment. 12337 Agreement Page 6 of 9 61 Notice of Business Changes: Contractor shall notify the City in writing within three (3) business days of any change in ownership of the facilities of the Contractor or of the facilities of any subcontractor. The Contractor shall notify the City in writing as soon as possible, and in no event later than three (3) business days, after any decision by the Contractor to change or discontinue service that will affect services provided to the City under this Contract. The City shall have the right to renegotiate the terms and conditions of this Contract to the extent required to accommodate a change in governing law or policy that, in the sole discretion of the City, either substantially and unreasonably enlarges the Contractor's duties hereunder, or renders performance, enforcement or compliance with the totality of the Contract impossible, patently unreasonable, or unnecessary. Notices and demands under and related to this Contract shall be in writing and sent to the parties at their addresses as follows: TO CITY: COPY TO: TO CONTRACTOR: Mike Price Christina Payer Newco Inc dba Wastewater/Stormwater Division Manager Buyer 2 Cascade Columbia Distribution Co City of Yakima City of Yakima 6900 Fox Ave S 2220 East Viola 129 North 2nd Street Seattle, WA 98108 Yakima WA, 98901 Yakima, WA 98901 24. Survival The foregoing sections of this Contract, 1-24 inclusive, shall survive the expiration or termination of this Contract in accordance with their terms. IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written. NEWCO INC CITY OF YAKIMA dba CASCADE COLUMBIA DISTRIBUTION CO By: City Manager Date: Date: Attest: (Print name) City Clerk List of Exhibits attached to this contract Exhibit A—Specifications Exhibit B—Contractor's Bid Form 12337 Agreement Page 7 of 9 62 EXHIBIT A SPECIFICATIONS 12337 Agreement Page 8 of 9 63 City of Yakima NOTICE TO BIDDERS BID 12337 Notice is hereby given by the undersigned that electronic sealed Bids will be accepted via PublicPurchase.com until the hour of 2:00:00 PM PST on August 31, 2023. Bids will be publicly opened in Yakima City Hall, Council Chambers, 129 N. 2nd Street, Yakima, Washington 98901. At such time, Bids will be publicly read for: Miscellaneous Chemicals Instructions to register with PublicPurchase.com are available at www.yakimawa.gov/services/purchasing. The City of Yakima reserves the right to reject any & all BIDs. The City hereby notifies all Bidders that it will affirmatively ensure compliance with WA State Law Against Discrimination (RCW chapter 49.60) & the Americans with Disabilities Act (42 USC 12101 et set.) Dated August 14, 2023 Publish on August 16& 18, 2023 Christina Payer, Buyer II 12337 Miscellenous Chemicals-WWTP Page 1 of 31 64 CITY OF YAKIMA INVITATION TO BID 12337 COVER SHEET THIS IS NOT AN ORDER BID Release Date:August 16, 2023 Bid Receipt: Bidders must first register with PublicPurchase.com and Bid shall be completely uploaded into PublicPurchase.com no later than the date and time listed below. Register as early as possible and do not wait until the due date to upload your documents, as this may take some time. Late Bids will not be accepted or evaluated. If you try to submit a Bid late, the electronic system will not receive it. Bid openings are public. Bids shall be firm for acceptance for ninety (90) days from date of Bid opening, unless otherwise noted BIDS ARE ONLY RECEIVED THROUGH PUBLICPURCHASE.COM Purchasing For: Buyer in charge of this procurement(Contact for further information): City of Yakima Waste Water Treatment Plant Christina Payer, CPPB 2220 East Viola Buyer II Yakima, WA 98901 Bids Must be completely uploaded by: Phone E-Mail Address August 31, 2023 at 2:00:0o PM PST (509) 576-6696 christina.payer©yakimawa.goy Public Opening PROJECT DESCRIPTION SUMMARY Miscellaneous Chemicals for Waste Water Treatment Plant Enter Prompt Payment Discount: % net days We/I will complete delivery within days after receipt of order. Delivery Details: FOB Destination, Freight Prepaid, ❑ I hereby acknowledge receiving addendum(a) , (use as many spaces as addenda received) In signing this Bid we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a Bid; that this Bid has been independently arrived at without collusion with any other Bidder,competitor or potential competitor;that this Bid has not been knowingly disclosed prior to the opening of Bids to any other Bidder or competitor;that the above statement is accurate under penalty of perjury. Furthermore, the Washington State Interlocal Cooperative Act (RCW 39.34) provides that other governmental agencies may purchase goods or services on this solicitation or contract in accordance with the terms and prices indicated therein if all parties agree. The City does not accept any responsibility or involvement in the purchase orders or contracts issued by other public agencies. We will comply with all terms,conditions and specifications required by the City of Yakima in this Invitation to Bid and all terms of our Bid. Company Name Company Address Name of Authorized Company Representative(Type or Print) Title Phone ( Fax ( ) Signature of Above Date Email Address 12337 Miscellenous Chemicals-WWTP Page 2 of 31 65 Invitation to Bid#12337 I. Contents I. Contents 3 II. GENERAL INFORMATION 5 1. Purpose 5 2. Contracting Agency and Point of Contact 5 3. Exceptions 5 4. More or Less 5 5. Published List Prices 5 6. Delivery/Completion 5 7. Delivery Acceptance 6 8. Delivery of Unapproved Substitutions 6 9. Unsatisfactory Product 6 10. Contract Term 6 11. Pricing and Discount 6 14. Price Clarifications 6 15. Price Increases 7 16. Price Decreases 7 17. Expansion Clause 8 18. Warranty 8 19. Warranty Coverage 8 20. Permits 8 21. Regulations and Codes 8 22. Spill Clean Up 8 23. Hazardous Materials 8 24. Pollution Liability Coverage 8 25. Prompt Payment 9 26. Payments 9 27. Payment Method-Credit Card Acceptance 9 28. Acceptance of Terms 9 29. Sales Tax 9 30. Tax Revenues 9 31. Clarifications and/or Revisions to Specification and Requirements 9 32. Incurring Costs 10 33. No Obligation to Contract 10 34. Retention of Rights 10 35. Points Not Addressed 10 36. Other City Departments/Like Items Added 10 12337 Miscellaneous Chemicals-WWTP Page 3 of 31 66 37. Materials Bought from Different Supplier 10 38. Re-Award 11 39. Errors and Omissions 11 40. Changes 11 III. PREPARING AND SUBMITTING A BID 11 1. General Instructions 11 2. Submitting a Bid 11 3. Prohibition of Bidder Terms &Conditions 11 4. Multiple Bids 12 5. Withdrawal of Bids 12 IV. BIDDERS CHECKLIST 12 V. EVALUATION AND CONTRACT AWARD 12 1. Bid Evaluation• 12 2. Offer in Effect for Ninety(90) Days 12 3. Protest Procedure 12 VI. TECHNICAL SPECIFICATIONS 13 1. Technical Specification Analysis 14 VII. BID FORM 16 VIII. BIDDER AND SAFETY QUESTIONNAIRE 17 IX. SAMPLE CONTRACT 20 X. SAMPLE CERTIFICATE OF INSURANCE/ADDITIONAL INSURED ENDORSEMENT 29 12337 Miscellaneous Chemicals-WWTP Page 4 of 31 67 INVITATION TO BID # 12337 Miscellaneous Chemicals II. GENERAL INFORMATION 1. Purpose It is the intent and purpose of these specifications to describe Miscellaneous Chemicals in sufficient detail to secure bids on comparable units, equipment parts and material. All parts, which are necessary in order to provide a complete unit, ready for operation, shall be included in the bid and shall conform in strength, quality of workmanship and material to that which is usually provided the trade in general. Any variance from the specifications or standards of quality must be clearly pointed out in writing by the Bidder. 2. Contracting Agency and Point of Contact This BID is issued by the City of Yakima Purchasing Division. The person responsible for managing this BID process from beginning to end is the Buyer listed on page 2 of this solicitation. From the date of release of this BID until a Contract is issued, all contacts (pertaining to this solicitation) with City's employees, and other personnel performing official business for the City regarding this BID shall be made through the Buyer listed on page 2. Contact with other City personnel regarding this BID is not permitted during the procurement process and violation of these conditions may be considered sufficient cause for rejection of a Bid and disqualification of the Bidder. 3. Exceptions Specifications of the equipment bid shall be equal to or better than the specifications stated herein and all exceptions to these specifications shall be so listed on a separate sheet headed "EXCEPTIONS TO THE SPECIFICATIONS". Any Bid submitted without exceptions will be required to meet every detail of these specifications regardless of cost to the successful bidder, including the cost to meet the insurance requirements. Where "NO EXCEPTIONS" are shown, none will be allowed. No exceptions will be considered that may tend to devalue the equipment or give an individual bidder who is offering a lesser item a distinct advantage. 4. More or Less Quantities are estimated only and shall be bid on a MORE OR LESS basis. For the purpose of comparison, bids shall be made in the quantities listed in this specification. Listed quantities shall not be considered firm estimates of requirements for the year, nor shall the City be bound or limited to quantities listed. Payment will be made only for quantities actually ordered, delivered, and accepted, whether greater or less than the stated amounts. 5. Published List Prices If applicable, a copy of your published list prices shall be included in the Bid package. Each Bidder shall bid a percentage discount based on this published list in the space provided on the Price/Cost Sheet. It is understood that the discount quoted on this Bid shall be based on the attached published list price and these shall be the prices paid during the life of the contract. 6. Delivery/Completion Each bidder is required to list on the Bid form the number of calendar days he/she expects delivery to be made at the destination, in terms of time interval, following placement of order. Time of delivery/completion is important and will be considered in the evaluation of the Bids. Failure to include a specific number of calendar 12337 Miscellaneous Chemicals-WWTP Page 5 of 31 68 days may be sufficient grounds for rejection of Bid. 7. Delivery Acceptance Delivery will be accepted by the City of Yakima FOB Waste Water Treatment Plant, 2220 East Viola, between the hours of 8:00 a.m. and 5:00 p.m Monday through Friday. The successful Bidder's personnel making the delivery shall instruct City personnel in maintenance and proper operation of the equipment prior to their departure from the delivery site. All equipment shall have complete pre-delivery setup and service. 8. Delivery of Unapproved Substitutions Contractors are authorized to ship only those items ordered covered by the contract. If a review of orders placed by the City reveals that an item other than those covered by and specified in the contract have been ordered and delivered, the Purchasing Manager will take such steps as are necessary to have the item(s) returned to the Contractor at no cost to the City regardless of the time elapsed between the date of delivery and discovery of the violation. Violation of this clause may result in the removal of the offending Contractor's name from the City bid list for a period of up to three (3)years. 9. Unsatisfactory Product If the Bidder's product is unsatisfactory, but was inadvertently placed into the facilities system prior to rejection and subsequently causes physical damage or extra cleanup labor, the City will be reimbursed for any associated costs, and at the City's option a new Vendor will be used. Any equipment damage, down time, labor charges, fines, or any other costs caused by material which does not meet specifications, will be assumed by the Vendor. 10. Contract Term See Section 3 of Contract 11. Pricing and Discount Pricing: Pricing shall be prepared with the following terms. The successful Bidder shall provide and bear the expense of all equipment; work and labor of any sort whatsoever that may be required for the transfer of materials/product and completing the work provided for in this Bid and every part thereof, except such as are mentioned in the specifications to be furnished by the City of Yakima. Surcharges for fuel, delivery/hauling, hazardous material disposal, environmental fees or similar will not be allowed. Relevant charges for these items shall be included in the base bid price. All successful Bidders are subject to the minimum insurance requirements as outlined in the sample contract. BIDDERS MUST INCORPORATE THE COST TO COMPLY WITH THE INSURANCE REQUIREMENTS IN THE BID PRICE. Requests for lower insurance limits will be denied. Prices established in continuing agreements and term agreements may be lowered due to general market conditions, but prices shall not be subject to increase for twelve (12) months from the date of award. Discounts: The City qualifies for governmental discounts. Unit prices shall reflect these discounts. 14. Price Clarifications The City reserves the right to clarify any pricing discrepancies related to assumptions on the part of Bidders. Such clarifications will be solely to provide consistent assumptions from which an accurate cost comparison can be achieved. Unit prices shown on the Bid or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as stated on the bid form. For any given item,the quantity multiplied by the unit price shall establish the extended price,the unit price shall govern in the Bid evaluation and contract administration. 12337 Miscellaneous Chemicals-WWTP Page 6 of 31 69 15. Price Increases Requests for Rate Increases must be delivered to the Buyer listed on Page 2, in accordance with the rules below. The Purchasing Manager may exempt these requirements for extraordinary conditions that could not have been known by either party at the time of bid or other circumstances beyond the control of both parties, as determined in the opinion of the Purchasing Manager. Any increase proposed shall be submitted to the Buyer listed on page 2, thirty (30) calendar days before the proposed effective date of the price increase, and shall be limited to fully documented cost increases to the Contractor which are demonstrated to be industry-wide. The conditions under which price increases may be granted shall be expressed in Bid documents and contracts or agreements. No other employee may accept a rate increase request on behalf of the City. Any invoice that is sent to the City with pricing above that specified by the City in writing within this Contract or specified within an official written change issued by Purchasing to this contract, shall be invalid. Payment of an erroneous invoice does not constitute acceptance of the erroneous pricing, and the City would seek reimbursement of the overpayment or would withhold such overpayment from future invoices. A. Discount from Manufacturer List Pricing: For all contract items that are priced as a discount below Manufacturer List prices, there shall be no changes to the discount rate throughout the life of the contract. As manufacturer list prices change, the net price to the City will automatically change in the same percentage as the discount rate to the City. B. Fixed Product Pricing: For product and supply contracts that provide on-going, multiple year supply. Original pricing shall be fixed and firm for the first year of the contract. Price requests are at the discretion of the Purchasing Manager; and must also be: a. The direct result of increases at the manufacturer's level (or if Bidder is a supplier of a raw material delivered directly to the City such as brass, the increase must be verified at the supplier level). b. Incurred after contract commencement date. c. Not produce a higher profit margin than that on the original contract. d. Clearly identify the items impacted by the increase. e. Be filed with Purchasing Manager a minimum of thirty (30) calendar days before the effective date of proposed increase. f. Be accompanied by detailed documentation acceptable to the Purchasing Manager sufficient to warrant the increase. g. Should not deviate from the original contract pricing scheme/methodology. The United States published indices such as the Producer Price Index or other government data may be referenced to help substantiate the Contractor's documentation. The PPI Commodity Data is available at https://www.bls.gov/ppi/detailed-report/home.htm#2021 . The adjustment (if any) shall remain firm and fixed for at least 365 days after the effective date of the adjustment. If no adjustment is mutually agreed upon;the contractor may provide a notice to cancel as outlined in the contract under Section 15,Termination for Convenience. 16. Price Decreases During the contract period and any renewals thereof, any price declines at manufacturer's level shall be reflected in a reduction of the contract price to the City, retroactive to the date they were effective to the bidder. 12337 Miscellaneous Chemicals-WWTP Page 7 of 31 70 17. Expansion Clause Any resultant contract may be further expanded by the Purchasing Manager in writing to include any other item normally offered by the bidder, as long as the price of such additional products is based on the same cost/profit formula as the listed item(s). At any time during the term of this contract, other City departments may be added, if both parties agree. 18. Warranty Unless otherwise specifically stated by the Bidder, all goods and services furnished shall be warranted against defects or faulty workmanship and materials by the Contractor for one (1) year following inspection and acceptance of the products by the City. Warranty shall include all costs incurred, including shipping, for repair or replacement except that which is damaged by misuse or abuse. This one-(1) year warranty shall in no way affect normal extended or manufacturer's warranty exceeding this one (1) year period. Contractor warrants that all goods and services furnished under this Agreement are new, conform strictly to the specifications herein, are merchantable, good workmanship, free from defect, comply with all applicable safety and health standards established for such products, all goods are properly packaged, and all appropriate instructions or warnings are supplied. If a defect is found, a component failure occurs, or workmanship is found to cause failure, the Vendor shall replace the product at their own expense, including shipping charges. Any replacement product will be warrantied for one (1) year from the date it is delivered. All implied and expressed warranty provisions of the Uniform Commercial Code are incorporated into this Agreement. Contractor further warrants that no violation of any federal, state or local law, statute, rule, regulation, ordinance or order will result from the manufacturer, production, sale, shipment, installation or use of any other goods. Contractor's warranties (and any more favorable warranties, service policies, or similar undertaking of Contractor) shall survive delivery, inspection, and acceptance of the goods or services. 19. Warranty Coverage Warranty coverage will not commence until the date the completed unit is put into service as reported by the City; or thirty(30) days after final payment for the unit(s);whichever occurs first. 20. Permits All necessary permits required to perform work are to be supplied by the Contractor at no addition cost to the City. 21. Regulations and Codes To the extent applicable, all equipment or materials shall comply with Washington State vehicle regulations, Federal regulations, OSHA and WISHA requirements,to include EPA standards and City safety codes. 22. Spill Clean Up The Contractor shall be responsible for all costs resulting from spillage attributable to their negligence, which may occur during transit or unloading operations. The Contractor shall immediately report and clean up any spillage. If Contractor fails to perform the above actions, the purchaser shall take corrective action and back- charge the Contractor for all related costs. 23. Hazardous Materials If this order covers goods, which include hazardous chemicals, Contractor shall, at the time of product delivery, provide the CITY with copies of Material Safety Data Sheets for such chemicals. These sheets shall be in the form then required by applicable law or regulation. This requirement shall be in addition to whatever other requirements are imposed by law or regulation. 24. Pollution Liability Coverage At least as broad as that provided under ISO Pollution Liability - Broadened Coverage for Covered Autos 12337 Miscellaneous Chemicals-WWTP Page 8 of 31 71 Endorsement CA 99 48 shall be provided and the Motor Carrier Act Endorsement(MCS 90) shall be attached and required after award and must cover all vehicles to be used with this contract. 25. Prompt Payment Bidders are encouraged to offer a discount for prompt payment of invoice. Please indicate your discount proposal on page 2 of this document. If awarded by the City, period of entitlement begins only after: • Receipt of a properly completed invoice • Receipt of all supplies, equipment or services ordered • Satisfactory completion of all contractual requirements 26. Payments Contractor is to submit properly completed invoice(s)to: City of Yakima, Accounts Payable, 129 N. 2nd Street,Yakima, WA 98901. To insure prompt payment each invoice should cite purchase order number, bid number, description of item purchased, unit and total price, discount terms and include the Contractor's name and return remittance address. Payment will be mailed within thirty (30) days of (a) the receipt and acceptance of the equipment, (b) properly completed invoice, and (c) all papers required to be delivered with equipment. 27. Payment Method—Credit Card Acceptance The City, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. The City's preferred method of payment is by procurement (credit) card. Respondents may be required to have the capability of accepting the City's authorized procurement card as a method of payment. No price changes or additional fee(s) may be assessed when accepting the procurement card as a form of payment. 28. Acceptance of Terms Acceptance of a City Purchase Order (PO) for any units affiliated with this purchase constitutes acceptance of, and agreement with, all of the general and specific requirements and stipulations listed in this boiler plate, and in the attached equipment specification(s); including all penalties mentioned. 29. Sales Tax The City of Yakima's Sales Tax rate is currently 8.3%. However, the amount of sales tax will not be considered in determining which bid is the lowest and best bid. 30. Tax Revenues RCW 39.30.040 allows the City to consider the tax revenue that is generated by a purchase of supplies, materials, and equipment, including those from a local sales tax or from a gross receipts business and occupation tax, it determining which bid in the lowest bid, after the tax revenue has been considered. 31. Clarifications and/or Revisions to Specification and Requirements If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this solicitation, the Bidder has a duty to immediately notify the Buyer of such concern and request modification or clarification of the BID document. Unless instructions are specifically provided elsewhere in this document, any questions, exceptions, or additions concerning the subject matter of the BID document(s) shall not be considered unless submitted via e-mail (no phone calls)to the Buyer listed on page 2, a minimum of five (5) business days prior to the submittal due date. 12337 Miscellaneous Chemicals-WWTP Page 9 of 31 72 In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this BID, supplements or revisions will be provided to all known Bidders in the form of an Addendum. All Addenda are posted on www.yakimawa.gov/services/purchasing and sent directly to interested parties who have registered (per instructions on website)for updates to this BID. If any requirements of the BID are unacceptable to any prospective Bidder,they may choose not to submit a Bid. 32. Incurring Costs The City is not liable for any cost incurred by a Bidder in the process of responding to this BID, including but not limited to the cost of preparing and submitting a response, in the conduct of a presentation, in facilitating site visits or any other activities related to responding to this BID. 33. No Obligation to Contract This BID does not obligate the City to contract for service(s), or product(s) specified herein. City reserves the right to cancel or reissue this BID in whole or in part, for any reason prior to the issuance of a Notice of Intent to Award. The City does not guarantee to purchase any specific quantity or dollar amount. Bids that stipulate that the City shall guarantee a specific quantity or dollar amount will be disqualified (e.g. "all-or-none".) 34. Retention of Rights The City retains the right to accept or reject any or all Bids or accept any presented which meet or exceeds these specifications, and which would be in the best interest of the City and will not necessarily be bound to accept the low bid. All Bids become the property of City upon receipt. All rights, title and interest in all materials and ideas prepared by the Bidder for the Bid to City shall be the exclusive property of City and may be used by the City at its option. 35. Points Not Addressed Bidders are encouraged to list any points not addressed in these specifications that they feel improve or enhance the operation of their units. 36. Other City Departments/Like Items Added At any time during the term of this contract, or any extension thereof, other City departments may be served under these same terms and conditions. Additional like items may be added at the request of the Purchasing Manager. 37. Materials Bought from Different Supplier Should the Contractor be unable to or refuse to supply materials, on any given day, against this predetermined delivery schedule to which the supplier has agreed and the City is forced to do the work with materials bought from a different supplier,the difference in the Bid price of the materials and that paid the new supplier, in order to do the work, shall be charged to and paid for by the Contractor holding the Bid award for these products. Contractor shall not, however, be responsible for delays in delivery due to: • Unavoidable mechanical breakdowns • Strikes • Inability to secure component materials • Acts of God • Fire 12337 Miscellaneous Chemicals-WWTP Page 10 of 31 73 Provided the Buyer listed on Page 2 is notified in writing by the Contractor of such pending or actual delay. In the event of any delay, the date of delivery shall be extended for a period equal to the time lost due to the reason for the delay. 38. Re-Award When the contract is terminated by the City or the Contractor upon providing the written notice as herein required, the City, may re-award the contract to the next most responsible bidder within 120 days from original award. 39. Errors and Omissions The City reserves the right to correct obvious ambiguities and errors in the Bidder's proposal and to waive non- material irregularities and/or omissions. In this regard, if the unit price does not compute to the extended total price,the unit price shall govern. 40. Changes Any proposed change in this contract shall be submitted in writing to the Buyer listed on Page 2 for prior approval. If approved, she will make the change by a contract modification that will become effective upon execution by the parties hereto. Any oral statement or representation changing any of these terms or conditions is specifically unauthorized and is not valid. III. PREPARING AND SUBMITTING A BID 1. General Instructions Failure to conform to the BID specifications and respond to each of the submittal requirements may be the basis for rejection of a bid. Refer to Section IV Bidder's Checklist to ensure your Bid is responsive. 2. Submitting a Bid Bids shall be completely uploaded into Public Purchase.com no later than the date and time listed on Page 2 of this BID. Late Bids will not be accepted or evaluated. If you try to submit a Bid Late, the electronic system will not receive it. If City Hall is closed for business at the time scheduled for opening, for whatever reasons, Bidder's response will be opened on the next business day of the City, at the originally scheduled hour. Bidders must submit their bid electronically through PublicPurchase.com where they will be kept in an electronic lockbox until date and time of opening. To register as a Vendor/Bidder with Public Purchase, go to www.publicpurchase.com or the City of Yakima website at www.YakimaWA.Gov/Services/Purchasing. The City is not responsible for late bids due to operator error, electronic malfunction, system errors or interruptions affecting the Public Purchase site and the processing of any bids. The Purchasing Manager reserves the right to make exceptions for extenuating circumstances. Bids are not considered to be confidential per Washington State Public Records Act (RCW 42.56 et seq.) All sections of the response shall be made available to the public immediately after contract opening. 3. Prohibition of Bidder Terms&Conditions A Bidder may not submit the Bidder's own contract terms and conditions in a response to this Invitation to Bid. If a Bid contains such terms and conditions, the City, at its sole discretion, may determine the Bid to be a nonresponsive counteroffer, and the Bid may be rejected. 12337 Miscellaneous Chemicals-WWTP Page 11 of 31 74 4. Multiple Bids Multiple Bids from a Bidder will be permissible; however, each Bid must conform fully to the requirements for Bid submission. Each such Bid must be submitted separately and labeled as Bid #1, Bid #2, etc. on the first page of their response. 5. Withdrawal of Bids Bidders may withdraw or supplement their Bid at any time up to the bid closing date and time. If a previously submitted bid is withdrawn before the bid due date and time,the Bidder may submit another Bid at any time up to the bid closing date and time. After bid closing date and time, all submitted Bids shall be irrevocable until contract award. IV. BIDDERS CHECKLIST Bidder must complete and upload, as part of their Bid submittal, all required forms listed below in accordance with Section III - Preparing and Submitting a Bid The list below may not be all inclusive. Be sure to READ the entire Bid document and include everything that is required. • Cover Sheet/Signature Page Page 2 • Technical Specification Analysis Pages 14& 15 • Bid Form Page 16 • Bidder and Safety Questionnaire Pages 17-19 V. EVALUATION AND CONTRACT AWARD 1. Bid Evaluation The evaluation and selection of a Bidder will be based on the information submitted in the Bid. Award will be made to a responsible Bidder with the lowest responsive Bid. Evaluation of Bids and determination of Bidder responsibility shall be based on past experience with Bidder, proposed manufacturer's service availability, parts availability, equipment design and functionalism, effect on productivity, and Bidder's supporting documentation. 2. Offer in Effect for Ninety(90) Days A Bid may not be modified, withdrawn or canceled by the Bidder for a ninety (90) day period following the deadline for Bid due date, or receipt of best and final offer, if required, and Bidder so agrees by submittal of a bid. 3. Protest Procedure Any protest must be made in writing, signed by the protestor, and state that the Bidder is submitting a formal protest. The protest shall be filed with the City of Yakima's Purchasing Manager at 129 No. 2nd St., Yakima, WA 98901, or by fax: 509-576-6394 or email to: kristine.white@yakimawa.gov. The protest shall clearly state the specific factual and legal ground(s) for the protest, and a description of the relief or corrective action being requested. Protests based on specifications/scope of work, or other terms in the BID shall be filed at least five (5) calendar days before the solicitations due date, and protests based on award or after the award shall be filed no more than five calendar (5) days after Award Announcement (see below for details). The following steps shall be taken in an attempt to resolve the protest with the Bidder: 12337 Miscellaneous Chemicals-WWTP Page 12 of 31 75 Step I. Purchasing Manager and Division Manager of solicitation try resolving matter with protester. All available facts will be considered and the Purchasing Manager shall issue a written decision. Step II. If unresolved, within three (3) business days after receipt of written decision,the protest may be appealed to the Department Head by the Purchasing Manager. Step III. If still unresolved, within three (3) business days after receipt of appeal response, the protest may be appealed to the Executive. The Executive shall make a final determination in writing to the Protester. Award Announcement Purchasing shall announce the successful Bidder via Website, e-mail, fax, regular mail, or by any other appropriate means. Once the Award is released by Purchasing, the protest time frame begins. The timeframe is not based upon when the bidder received the information, but rather when the announcement is issued by Purchasing. Award Regardless of Protest When a written protest against making an award is received, the award shall not be made until the matter is resolved, unless the City determines that one of the following applies: • The supplies or services to be contracted for are urgently required; • Delivery or performance will be unduly delayed by failure to make award promptly; • A prompt award will otherwise be advantageous to the City. If the award is made, regardless of a protest,the award must be documented in the file, explaining the basis for the award. Written notice of the decision to proceed shall be sent to the protester and others who may be concerned. The City retains the right to enter into any contract and nothing herein shall be construed to limit that authority in any manner. 4. Sample Contract and Terms and Conditions The Sample Contract provided with this Bid Specification represents the terms and conditions which the Owner expects to execute in a contract with the successful Bidder. Bidders must accept or submit point-by-point exceptions along with proposed alternative or additional language for each point. The Owner may or may not consider any of the Bidder's suggested revisions. Any changes or amendment to any of the Contract Terms and Conditions will occur only if the change is in the best interest of the Owner. VI.TECHNICAL SPECIFICATIONS The Bidder must provide a detailed description of each major component of their proposed system. At a minimum, these descriptions shall take into consideration the specifications outlined in this Technical Specifications section. Bidders are reminded to provide point-by-point responses to all specifications. Any additional work found necessary that is not specified in this Bid specification shall be listed on a separate sheet entitled "Additional Materials/Labor Required". The Bidder must complete the following Technical Specification Section using one of the following responses for each of the specifications. 12337 Miscellaneous Chemicals-WWTP Page 13 of 31 76 Y—Yes. The Bidder's proposed product currently satisfies the entire requirement and the proposed system will completely support the requirement. N—No. The Bidder's product does not currently satisfy the entire requirement, and the Bidder's delivered product will not satisfy the requirement. E—Explanation. The Bidder's product partially satisfies the requirement and an explanation is included in the response. MR— Modification Required. The Bidder's product does not currently satisfy the requirement, but the Bidder commits that the delivered base product will satisfy the requirement at no additional cost and shall be supported in future releases of the Bidder's base products. 1. Technical Specification Analysis The following Technical Specifications Analysis shall be answered with a Y of N. Checking "NO" on any item will not necessarily disallow a Bid. The City shall be the sole judge as to whether an exception is acceptable or not. Bidders are encouraged to provide further detail where such detail might differentiate their products from those of their competitors or where such detail might assist in analysis of the Bid. Technical Specification Analysis shall be returned with the Bid Submittal. FAILURE TO DO SO WILL BE CAUSE FOR REJECTION OF SAID BID SUBMITTAL. Item Specification Yes No Comments 37-43% Ferric Chloride Solution: Meets the following Specifications: Chemical symbol: FeCl3 Percent dry chemical by weight: 37-43% Maximum percent ferrous chloride (FeCl2) 0.75% Free Acid as HCL 1.0%maximum Insoluble 80ppm maximum Percent total iron: 12.7 to 14.8 Typical specific gravity: 1.40 Typical Weight per gallon: 11.68 The Ferric chloride liquid solution must not contain any impurity in sufficient quantities that causes the City to violate any existing permit limit or water quality standard, or any limit or standard that may be implemented during the term of this contract. The ferric chloride solution supplied must not contain any impurities that cause abnormally rapid decomposition of the City's storage vessels. 12337 Miscellaneous Chemicals-WWTP Page 14 of 31 77 Item Specification Yes No Comments 75%Phosphoric Acid: Chemical symbol: H3PO4 Percent dry chemical by weight: 74—75.5% (54.6%as phosphorous pentoxide P205). The phosphoric acid liquid solution must not contain any impurity in sufficient quantities that causes the City to violate any existing permit limit or water quality standard, or any limit or standard that may be implemented during the term of this contract. The phosphoric acid solution supplied must not contain any impurities that cause abnormally rapid decomposition of the City's storage vessels. Urea—Fertilizer Grade: Chemical symbol: CH4N2O Pellets or prill minimum 46% Nitrogen Biuret 1%maximum Moisture 1% maximum The urea shall not contain any impurity in sufficient quantities that causes the City to violate any existing permit limit or water quality standard, or any limit or standard that may be implemented during the term of this contract. The urea supplied must not contain any impurities that cause abnormally rapid decomposition of the City's storage vessels. 12337 Miscellaneous Chemicals-WWTP Page 15 of 31 78 VII. BID FORM INVITATION TO BID NO. 12337 TO BIDDER: PLEASE QUOTE YOUR LOWEST PRICE, BEST DELIVERY DATE AND PAYMENT DISCOUNT TERMS FOR THE FOLLOWING. THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS AND TO ACCEPT ANY OR ALL ITEMS AT THE PRICE BID. THE CITY INTENDS TO AWARD THIS CONTRACT WITHIN NINETY(90) CALENDAR DAYS. Quote your lowest price for the following: Schedule I ITEM QTY. UNIT DESCRIPTION Unit Price Total Price NO. 37—43% Ferric Chloride Solution: Delivered in returnable 3,300 (minimal) pound totes, 1. 40,000 Pounds or tanker delivery to customer-owned tote at $ $ customer facility in 3,500 pound quantity. Specify Size: 75% Phosphoric Acid—Fertilizer Grade: Delivered in returnable 3,300 (minimal) pound totes 2. 40,000 Pounds Minimum shipment of 3,300 pounds, delivered within $ $ 10 business days of order. Bid in cost per delivered pound. Specify Size: Urea—Fertilizer Grade: In uncoated prill or pellets (must dissolve quickly in water tank with mixing). Delivered in 1-ton super sacks 3. 36,000 Pounds on pallets, maximum of 2 super sacks per pallet. Super $ $ sacks must have straps on top for lifting, and tie-able spout on bottom. Minimum shipment of two super sacks, delivered within 10 business days of order. Bid in cost per delivered pound. Subtotal: $ Tax 8.3%: $ Washington State Destination Based Total: $ Freight FOB Destination: INCLUDED LIST DISCOUNT OFFERED OFF LIST PRICE FOR ANY OTHER ITEMS % NOT SPECIFICALLY LISTED: 12337 Miscellaneous Chemicals-WWTP Page 16 of 31 79 VIII. BIDDER AND SAFETY QUESTIONNAIRE INSTRUCTIONS: Provide the requested information, sign and date. If the CITY requires further description,the CITY may request Bidder to provide such information within a mandatory due date. You must submit this completed form to the CITY with your Bid. Failure to submit this form fully complete, may result in disqualification of Bid Proposal. Bidder's Legal Name: Company's dba: (if applicable) CEO/President Name: Business Federal License No. UBI No. EIN No. Phone ( ) Toll Free Phone ( ) FAX ( ) E-Mail Address Mailing Address City State Zip +4 Physical Address City State Zip +4 Name the person to contact for questions concerning this Bid Proposal: Name Title Phone ( ) Toll Free Phone ( ) FAX ( ) E-Mail Address Mailing Address City State Zip +4 Physical Address City State Zip +4 12337 Miscellaneous Chemicals-WWTP Page 17 of 31 80 BIDDER QUESTIONNAIRE SAFETY QUESTIONNAIRE 1. Is Ferric Chloride Solution, Phosphoric Acid, or Urea shipped on radio-equipped trucks? Yes ❑ No ❑ 2. What safety equipment is carried on the delivery trucks? A. B. C. D. E. 3. What is your unloading procedure (using the above listed safety equipment)? 4. What emergency training will the drivers receive? Name of Course: Number of Hours: Date of Training: A. B. C. 12337 Miscellaneous Chemicals-WWTP Page 18 of 31 81 5. What procedures are proposed for emergencies during transport? (I.e. Will local Fire Departments be notified of transport routes and times?) A. B. C. D. 6. Who in the supplier's organization do we contact in case of emergency? (Name, Position, Phone number) 12337 Miscellaneous Chemicals-WWTP Page 19 of 31 82 IX. SAMPLE CONTRACT AGREEMENT CITY OF YAKIMA 12337 Miscellaneous Chemicals THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation ("City"), and , ("Contractor"). WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows: 1. Statement of Services The Contractor shall provide items and service(s) (collectively referred to as "Services") as outlined in Bid 12337 Miscellaneous Chemicals Specifications which are attached as Exhibit A. 2. Compensation The City agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated herein, which Exhibit includes the deliverables and payment schedule of itemized prices as listed in the Contractor's Bid submittal at the time and in the manner and upon the conditions provided for the Contract. 3. Contract Term The period of this Contract shall be for a period of one (1) year from its effective date. The City may, at its option, extend the Contract on a year to year basis for up to two (2) additional years. For a total of three (3) years. Contract extensions shall be automatic, and shall go into effect without written confirmation, unless the City provides advance notice of the intention to not renew or unless the Services have been completed to the City's satisfaction prior to any automatic renewal. 4. Agency Relationship between City and Contractor Contractor shall, at all times, be an independent Contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for, or on, behalf of City. 5. Successors and Assigns a. Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties, or interests accruing from this Contract without the prior written consent of the other. b. The Contractor for itself, and for its heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. 6. Property Rights All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be surrendered to the City upon demand. All information concerning the City and said project which is not otherwise a matter of public record or required by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at any time disclose that information without the express written consent of the City. 7. Inspection, Production and Retention of Records a. The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the City, but the making of (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non- complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe, and 12337 Miscellaneous Chemicals-WWTP Page 20 of 31 83 proper facilities, and/or send copies of the requested documents to the City. Contractor's records relating to the Services will be provided to the City upon the City's request. b. Contractor shall promptly furnish the City with such information and records which are related to the Services of this Contract as may be requested by the City. Until the expiration of six (6) years after final payment of the compensation payable under this Contract, or for a longer period if required by law or by the Washington Secretary of State's record retention schedule, Contractor shall retain and provide the City access to (and the City shall have the right to examine, audit and copy) all of Contractor's books, documents, papers and records which are related to the Services performed by Contractor under this Contract. c. All records relating to Contractor's services under this Contract must be made available to the City, and the records relating to the Services are City of Yakima /Yakima County records. They must be produced to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to Contractor's services under this Contract must be retained by Contractor for the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule. d. The terms of this section shall survive any expiration or termination of this Contract. 8. Compliance with Law Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. Contractor shall procure and have all applicable and necessary permits, licenses and approvals of any federal, state, and local government or governmental authority or this project, pay all charges and fees, and give all notices necessary and incidental to the due and lawful execution of the work. a. Procurement of a City Business License. Contractor must procure a City of Yakima Business License and pay all charges,fees, and taxes associated with said license. b. Contractor must provide proof of a valid Washington State Contractor Registration number. c. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as required in Title 85 RCW. d. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number. Contractor must have a current UBI number and not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). e. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50 RCW. f. Foreign (Non-Washington) Corporations: Although the City does not require foreign corporate proposers to qualify in the City, County or State prior to submitting a proposal, it is specifically understood and agreed that any such corporation will promptly take all necessary measures to become authorized to conduct business in the City of Yakima at their own expense, without regard to whether such corporation is actually awarded the contract, and in the event that the award is made, prior to conducting any business in the City. 9. Nondiscrimination Provision During the performance of this Contract, the Contractor agrees as follows: The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, sexual orientation, gender identity, pregnancy, veteran's status, political affiliation or belief, or the presence of any sensory, 12337 Miscellaneous Chemicals-WWTP Page 21 of 31 84 mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act(42 USC 12101 et seq.). This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of Services under this Agreement. In the event of the Contractor's noncompliance with the non-discrimination clause of this contract or with any such rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for any future City contracts. 10. Pay Transparency Nondiscrimination Provision: The Contractor will not discharge or in any other manner discriminate against employees or applicants because they have inquired about, discussed, or disclosed their own pay or the pay of another employee or applicant. However, employees who have access to the compensation information of other employees or applicants as a part of their essential job functions cannot disclose the pay of other employees or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure is (a) in response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or (c)consistent with the contractor's legal duty to furnish information. 11. Indemnification and Hold Harmless a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or property. The Contractor agrees to release, indemnify, defend, and hold harmless the City, its elected and appointed officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers from all liabilities, losses, damages, and expenses related to all claims, suits, arbitration actions, investigations, and regulatory or other governmental proceedings arising from or in connection with this Agreement or the acts, failures to act, errors or omissions of the Contractor, or any Contractor's agent or subcontractor, in performance of this Agreement, except for claims caused by the City's sole negligence. b. Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. Contractor shall require that its subcontractors, and anyone directly or indirectly employed or hired by Contractor, and anyone for whose acts Contractor may be liable in connection with its performance of this Agreement, comply with the terms of this paragraph, waive any immunity granted under Title 51 RCW, and assume all potential liability for actions brought by their respective employees. The Parties acknowledge that they have mutually negotiated this waiver. c. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, shall be only to the extent of the Contractor's negligence. d. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any third party. e. The terms of this Section shall survive any expiration or termination of this Contract. 12337 Miscellaneous Chemicals-WWTP Page 22 of 31 85 12. Contractor's Liability Insurance At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect insurance to protect the City and Contractor from and against any and all claims, damages, losses, and expenses arising out of or resulting from the performance of this Contract. Contractor shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The City reserves the right to require higher limits should it deem it necessary in the best interest of the public. Contractor shall provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and outlined herein. A copy of the additional insured endorsement attached to the policy shall be included with the certificate. This Certificate of insurance shall be provided to the City, prior to commencement of work. Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify a deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. The following insurance is required: a. Commercial Liability Insurance Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance and additional insured endorsements as proof of commercial liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence, combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The certificate of insurance and additional insured endorsements shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. b. Automobile Liability Insurance Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The certificate of insurance and additional insured endorsements shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. The business auto liability shall include Hired and Non-Owned coverage if necessary. c. Employer's Liability(Stop Gap) Contractor and all subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable, and shall 12337 Miscellaneous Chemicals-WWTP Page 23 of 31 86 maintain Employer's Liability insurance with a limit of no less than $1,000,000.00. The City shall not be held responsible in any way for claims filed by Contractor or its employees for services performed under the terms of this Contract. Contractor agrees to assume full liability for all claims arising from this Contract including claims resulting from negligent acts of all subcontractor(s). Contractor is responsible to ensure subcontractor(s) have insurance as needed. Failure of subcontractors(s)to comply with insurance requirements does not limit Contractor's liability or responsibility. Commercial General Liability: Combined Single Limit: $2,000,000 Per Occurrence $2,000,000 Annual Aggregate Automobile Liability $2,000,000 Per Occurrence Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this Contract. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and neither the City nor its insurance providers shall contribute to any settlements, defense costs, or other payments made by Contractor's insurance. If at any time during the life of the Contract, or any extension, Contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the Contract. All additional insured endorsements required by this Section shall include an explicit waiver of subrogation. 13. Severability If any term or condition of this Contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Contract are declared severable. 14. Contract Documents This Contract, the Invitation to Bid 12337 Scope of Work, conditions, addenda, and modifications and Contractor's proposal (to the extent consistent with City of Yakima documents) constitute the Contract Documents and are complementary. Specific Federal and State laws and the terms of this Contract, in that order respectively, supersede other inconsistent provisions. These Contract Documents are on file in the Office of the Purchasing Manager, 129 No. 2nd St., Yakima, WA, 98901, and are hereby incorporated by reference into this Contract. 15. Termination Termination for Cause In the event the Contractor breaches this Contract, the City may terminate the Contract at its sole discretion in such event that it provides the Contractor with written notice of Contractor's breach and the Contractor fails to cure its breach within 30 days of this notice. In the event of the City breaches this Contract, the Contractor may terminate the Contract at its sole discretion in such event that it provides the City with written notice of City's breach and the City fails to cure its breach of the Contract within 60 days of this notice. The following represents a non-exclusive, illustrative list of instances that shall be considered a breach by the Contractor: a. Defaults on an obligation under the Contract; b. Fails to perform any material obligation required under the Contract; c. Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal entity; d. Allows any final judgment not to be satisfied or a lien not to be disputed after a legally-imposed, 30-day notice; e. Makes an assignment for the benefit of creditors; f. Fails to follow the sales and use tax certification requirements of the State of Washington; 12337 Miscellaneous Chemicals-WWTP Page 24 of 31 87 g. Incurs a delinquent Washington tax liability; h. Becomes a State or Federally debarred Contractor; i. Is excluded from federal procurement and non-procurement Contracts; j. Fails to maintain and keep in force all required insurance, permits and licenses as provided in the Contract; k. Fails to maintain the confidentiality of the City information that is considered to be Confidential Information, proprietary, or containing Personally Identifiable Information; I. Contractor performance threatens the health or safety of a City, County or municipal employee; or Termination for Convenience The City may terminate the Contract, without cause, by providing 30 days written notice of termination. In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the Contract. The Contractor shall also be compensated for partially completed services. In this event, compensation for such partially completed services shall be no more than the percentage of completion of the services requested, at the sole discretion of the City, multiplied by the corresponding payment for completion of such services as set forth in the Contract. Alternatively, at the sole discretion of the City, the Contractor may be compensated for the actual service hours provided. The City shall be entitled to a refund for goods or services paid for but not received or implemented, such refund to be paid within 30 days of written notice to the Contractor requesting the refund. Change in Funding In addition to the above termination provisions, if the funds upon which the City relied to establish this Contract are withdrawn, reduced, or limited, or if additional or modified conditions are placed on such funding, the City may terminate this Contract by providing at least five business days written notice to the Contractor. The termination shall be effective on the date specified in the notice of termination. 16. Dispute Resolution In the event that any dispute shall arise as to the interpretation of this agreement, or in the event of a notice of default as to whether such default does constitute a breach of the contract, and if the parties hereto cannot mutually settle such differences, then the parties shall first pursue mediation as a means to resolve the dispute. If the afore mentioned methods are either not successful then any dispute relating to this Agreement shall be decided in the courts of Yakima County, in accordance with the laws of Washington. If both parties consent in writing, other available means of dispute resolution may be implemented. 17. Re-Award When the contract is terminated by the Contractor upon providing the written notice as herein required, the City, pursuant to City ordinance, may re-award the contract to the next most responsible Proposer within 120 days from original award. When a Contractor is unable to supply goods and/or services to the City and is in breach of the contract, or when the contract is terminated by the City for cause as herein provided, the City reserves the right to re-award the contract to the next most responsible Proposer within 120 days from original award. 18. Force Majeure Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics/pandemics, war, riot, delay in transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of such pending or actual delay. Normally, in the event or any such delays (acts or God, etc.) the date of delivery will be extended for a period equal to the time lost due to the reason for delay. 19. Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 12337 Miscellaneous Chemicals-WWTP Page 25 of 31 88 20. Venue The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competent jurisdiction in Yakima County, Washington. 21. Authority The person executing this Contract, on behalf of Contractor, represents and warrants that they have has been fully authorized by Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms, performances and provisions of this Contract. 22. Notice of Change in Financial Condition If, during the Contract Term, the Contractor experiences a change in its financial condition that may affect its ability to perform under the Contract, or experiences a change of ownership or control, the Contractor shall immediately notify the City in writing. Failure to notify the City of such a change in financial condition or change of ownership or control shall be sufficient grounds for Contract termination. 23. Change or Notice Any alterations, including changes to the nature of the service, made to the Contract shall be rendered in writing and signed by both responsible parties; no changes without such signed documentation shall be valid. No alterations outside of the general scope and intent of the original Request for Proposals or in excess of allowable and accepted price changes shall be made. In no event shall the Contractor be paid or be entitled to payment for services that are not authorized herein or any properly executed amendment. Notice of Business Changes: Contractor shall notify the City in writing within three (3) business days of any change in ownership of the facilities of the Contractor or of the facilities of any subcontractor. The Contractor shall notify the City in writing as soon as possible, and in no event later than three (3) business days, after any decision by the Contractor to change or discontinue service that will affect services provided to the City under this Contract. The City shall have the right to renegotiate the terms and conditions of this Contract to the extent required to accommodate a change in governing law or policy that, in the sole discretion of the City, either substantially and unreasonably enlarges the Contractor's duties hereunder, or renders performance, enforcement or compliance with the totality of the Contract impossible, patently unreasonable, or unnecessary. Notices and demands under and related to this Contract shall be in writing and sent to the parties at their addresses as follows: TO CITY: COPY TO: TO CONTRACTOR: Mike Price Christina Payer Wastewater/Stormwater Division Manager Buyer 2 City of Yakima City of Yakima 2220 East Viola 129 North 2nd Street Yakima WA, 98901 Yakima, WA 98901 24. Survival The foregoing sections of this Contract, 1-26 inclusive, shall survive the expiration or termination of this Contract in accordance with their terms. 12337 Miscellaneous Chemicals-WWTP Page 26 of 31 89 IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written. CITY OF YAKIMA [ENTER CONTRACTOR NAME] By: City Manager Date: Date: Attest: (Print name) City Clerk List of Exhibits attached to this contract Exhibit A—Specifications Exhibit B—Contractor's Bid Form 12337 Miscellaneous Chemicals-WWTP Page 27 of 31 90 EXHIBIT A SPECIFICATIONS EXHIBIT B CONTRACTOR'S BID FORM 12337 Miscellaneous Chemicals-WWTP Page 28 of 31 91 X. SAMPLE CERTIFICATE OF INSURANCE/ADDITIONAL INSURED ENDORSEMENT AC DATE D ISTION rYYI CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER_THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy{ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemenas). PRODUCER cixrrAcT INSURANCE AGENT INFORMATION INSURANCE AGENT ISSUING CERTIFICATE PHONE FA% IAIC No Pam' MC.No): E-MAIL ADDRESS: BIEUREROOI APFORDMG COVERAGE NAILS IHB.iru:•RA: A VIII OR BETTER,ADMITTED CARRIER _ INSURED INSURER B: Entity Insured Address leelelEH c INT-fSP. IMS RE.E: F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AOOL WIER POLICY EFF POLICY TYPE Of INSURANCE l71P LTR WED VIVO POLICY NUMBER 11r . TrTI LI�NOD/YYYI UNTO X COMMERCIAL GENERAL LABILITY EACH OCCURRENCE i 2.000.000 DAMAGE TO RENTED CLNMB•MNCE n OCCUR PREPARES EA occunerce; i 100,000 — ME rEXP,nr,one ae: i 5ADD A POLICY NUMBER START STOP PERSCAAL&ACV INJURY i 1.00D,0011 GEHL AGGREGATE MIT APPLIES=ER: DATE DATE. GENERAL AGGREGATE i 2.00D,0011 POLICY nPRJECCT [I LCC PROIXICTS•COMR+DP AGVC I 2.000.000 OThES i ALrtCuoE.TLELIABTLIY NGLELIMIT i 2,ODD,0110 ANY AUTO E___ _LAY AN person} i A ovvicso ALITOR _ONLY ALTOS E DED POLICY NUMBER. START _:_- •,•-PT r=erx:+den1 I — AL HIRED DB ES NCN-0WMED DATE. AUTOS ONLY _AUTOS ONLY ._... _ UbhhE!A LAB OCCUR EXCESS SLAB CLAMS-WIDE Dec I I RETENTIONI WORKERS ISTATIUTE I X I AND EIM LOYERV LIABILITY A CFRC a ER L E Yn N r A POLICY NUMBER START cr(F• EL.EACH AcrslENr i 1 000.0� IN.ndatoli'NI NH) DATE DATE EL_DISEASE-EA EA LOYEE i 1.000.00c ISYes,deems Irder STOP GAPE EL ONLY DESCRIPTION OF OPERATIONS below EL.e}ucuu-POLICY LSAT I 1.000.0110 DESCRIPTION DF OPERATIONS J LOCATIONS!VEHICLES IACORD 101,AddltlonN RemaNs*Modulo,may be atteebed P Recce epmar to required.' The City of Yakima,its agents.employees,authorized volunteers,elected and appointed officals are included as Prvnary,Non-Contributory add tic- -__ : See attached Additional Insured Endorsement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Yakima ACCORDANCE WITH THE POLICY PROVISIONS. Purchasing Department AUTHORIZED REPRESENTATIVE 129 N.2nd St Yakima.WA 98901 SIGNATURE 188tf-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016J03) The ACORD name and logo are registered marks of ACORD 12337 Miscellaneous Chemicals-WWTP Page 29 of 31 92 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement mcd;fies insurance provided under the fol:ruing COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s)Of Covered Operations The City of Yakima,Its agents,employees,authorized volunteers,elected and appointed officials are Included as Primarymon-Contributory additional insured. Information required to complete this Schedule,if riot shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for "badly injury", "property This insurance does not apply to "bodily injury' or damage or 'personal end advertising Injury' "property damage"occurring after: caused,in whole or in part,by: 1. All work, including materials, parts or equip- 1. Your acts or omissions;or merit furnished in connection with such work, 2. The acts or omissions of those acting on your on the project(other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured() at the location of the the additional insureds) at the location(s) desig- covered operations has been completed;or noted above. 2. That portion of "your work" out of which The injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or suherantrar_tnr en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 0 ISO Properties,Inc.,2004 Page 1 of 1 C 12337 Miscellaneous Chemicals-WWTP Page 30 of 31 93 FOLIC NI,MBER:CGD300484907 COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s)Or Organization(s): Where required by written contract or agreement executed prior to loss(except where not permitted by law). Informaion required to complete this Schedule,if not shown above.will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Sgctlon IV—Candltlons: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part_Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s)shown in the Schedule above. CG 24 l;4 1. 1_ @Insurance Services Office, Inc., 2019 Page 1 of 1 12337 Miscellaneous Chemicals-WWTP Page 31 of 31 94 �.o its1.t g...� : 1, 1 .!ws" • 129 North 2nd Street • Yakima,Washington • 98901 • (509)575-6093 August 25, 2023 Subject: Bid 12337 Miscellaneous Chemicals Addendum No. 1 -Amendment to Bid Specifications & Clarifications 1. Amendment to Bid Specifications: A. Inside Delivery-Cover Sheet, page 2 Delivery Details: FOB Destination, Freight Prepaid, Inside Delivery required Inside delivery is not required. 2. Clarification to Bid Specifications A. Lift gate on delivery truck(s) is required. Please acknowledge receipt of this addendum on the Cover Sheet, page two (2), of the Bid document. If you have any questions please contact me at (509) 576-6696. Sincerely, Chli*Vik/ eit/til- Christina Payer, CPPB Buyer II - City of Yakima Purchasing CC: Mike Price, Wastewater Manager File M(509)575-6093 D(509)576-6696 F(509)576-6394 E christina.payer@yakimawa.gov W www.yakimawa.gov/services/purchasing 95 • • 129 North 2nd Street • Yakima,Washington • 98901 • (509)575-6093 August 30, 2023 Subject: Bid 12337 Miscellaneous Chemicals Addendum No. 2— Due Date Correction to Bid Specifications & Clarifications 1. Due Date Correction to Bid Specifications: A. Due date in bid documents changed to September, 7, 2023 to match due date entered in PublicPurchase.com. City of Yakima NOTICE TO BIDDERS BID 12337 Notice is hereby given by the undersigned that electronic sealed Bids will be accepted via PublicPurchase.com until the hour of 2:00:00 PM PST on August 31, 202.- September 7, 2023. Bids will be publicly opened in Yakima City Hall,Council Chambers, 129 N. 2nd Street, Yakima, Washington 98901. At such time, Bids will be publicly read for: Miscellaneous Chemicals Please acknowledge receipt of this addendum on the Cover Sheet, page two (2), of the Bid document. If you have any questions please contact me at (509) 576-6696. Sincerely, Chltigiadtv AUCh Christina Payer, CPPB Buyer II - City of Yakima Purchasing CC: Mike Price, Wastewater Manager File M(509)575-6093 D(509)576-6696 F(509)576-6394 E christina.payer@yakimawa.gov W www.yakimawa.gov/services/purchasing 96 EXHIBIT B CONTRACTOR'S BID FORM 12337 Agreement Page 9 of 9 97 CITY OF YAKIMA INVITATION TO BID 12337 COVER SHEET THIS IS NOT AN ORDER BID Release Date:August 16, 2023 Bid Receipt: Bidders must first register with PublicPurchase.com and Bid shall be completely uploaded into PublicPurchase.com no later than the date and time listed below. Register as early as possible and do not wait until the due date to upload your documents, as this may take some time. Late Bids will not be accepted or evaluated. If you try to submit a Bid late, the electronic system will not receive it. Bid openings are public. Bids shall be firm for acceptance for ninety (90) days from date of Bid opening, unless otherwise noted BIDS ARE ONLY RECEIVED THROUGH PUBLICPURCHASE.COM Purchasing For: Buyer in charge of this procurement(Contact for further information): City of Yakima Waste Water Treatment Plant Christina Payer, CPPB 2220 East Viola Buyer II Yakima, WA 98901 Bids Must be completely uploaded by: Phone E-Mail Address August 31, 2023 at 2:00:0o PM PST (509) 576-6696 christina.payerRyakimawa.goy Public Opening PROJECT DESCRIPTION SUMMARY Miscellaneous Chemicals for Waste Water Treatment Plant Enter Prompt Payment Discount: N/A % net 30 days We/I will complete delivery within 3-5 days after receipt of order. Delivery Details: FOB Destination, Freight Prepaid, Inside Delivery required ❑ I hereby acknowledge receiving addendum(a) , (use as many spaces as addenda received) In signing this Bid we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a Bid; that this Bid has been independently arrived at without collusion with any other Bidder,competitor or potential competitor;that this Bid has not been knowingly disclosed prior to the opening of Bids to any other Bidder or competitor;that the above statement is accurate under penalty of perjury. Furthermore, the Washington State Interlocal Cooperative Act (RCW 39.34) provides that other governmental agencies may purchase goods or services on this solicitation or contract in accordance with the terms and prices indicated therein if all parties agree. The City does not accept any responsibility or involvement in the purchase orders or contracts issued by other public agencies. We will comply with all terms,conditions and specifications required by the City of Yakima in this Invitation to Bid and all terms of our Bid. Company Name Company Address Newco Inc. dba 6900 Fox Ave. S. Cascade Columbia Distribution Co. Seattle, WA 98108 Name of Authorized Company Representative(Type or Print) Title Phone ( 206 ) 282-6334 Municipal Contracts Lance Jones Manager Fax ( 206 ) 282-6330 Signature of Above Date Email Address 8/24/2023 lancej@cascadecolumbia.cam 12337 Miscellenous Chemicals-WWTP Page 2 of 31 98 Y—Yes. The Bidder's proposed product currently satisfies the entire requirement and the proposed system will completely support the requirement. N—No. The Bidder's product does not currently satisfy the entire requirement, and the Bidder's delivered product will not satisfy the requirement. E—Explanation. The Bidder's product partially satisfies the requirement and an explanation is included in the response. MR— Modification Required. The Bidder's product does not currently satisfy the requirement, but the Bidder commits that the delivered base product will satisfy the requirement at no additional cost and shall be supported in future releases of the Bidder's base products. 1. Technical Specification Analysis The following Technical Specifications Analysis shall be answered with a Y of N. Checking "NO" on any item will not necessarily disallow a Bid. The City shall be the sole judge as to whether an exception is acceptable or not. Bidders are encouraged to provide further detail where such detail might differentiate their products from those of their competitors or where such detail might assist in analysis of the Bid. Technical Specification Analysis shall be returned with the Bid Submittal. FAILURE TO DO SO WILL BE CAUSE FOR REJECTION OF SAID BID SUBMITTAL. Item Specification Yes No Comments 1 37-43%Ferric Chloride Solution: Meets the following Specifications: Chemical symbol: FeCl3 Percent dry chemical by weight: 37-43% Maximum percent ferrous chloride (FeCl2) 0.75% Free Acid as HCL 1.0%maximum X Insoluble 80ppm maximum Percent total iron: 12.7 to 14.8 Typical specific gravity: 1.40 Typical Weight per gallon: 11.68 2 The Ferric chloride liquid solution must not contain any impurity in sufficient quantities that causes the City to violate any existing permit limit or water quality standard, or any X limit or standard that may be implemented during the term of this contract. 3 The ferric chloride solution supplied must not contain any impurities that cause abnormally rapid decomposition of the City's storage X vessels. 12337 Miscellaneous Chemicals-WWTP Page 14 of 31 99 Item Specification Yes No Comments 4 75%Phosphoric Acid: Chemical symbol: H3PO4 Percent dry chemical by weight: 74—75.5% X (54.6%as phosphorous pentoxide P205). 5 The phosphoric acid liquid solution must not contain any impurity in sufficient quantities that causes the City to violate any existing permit limit or water quality standard, or any X limit or standard that may be implemented during the term of this contract. 6 The phosphoric acid solution supplied must not contain any impurities that cause abnormally rapid decomposition of the X City's storage vessels. 7 Urea—Fertilizer Grade: Chemical symbol: CH4N2O Pellets or prill minimum 46% Nitrogen N/A Biuret 1%maximum Moisture 1%maximum 8 The urea shall not contain any impurity in sufficient quantities that causes the City to violate any existing permit limit or water quality standard, or any limit or standard that N/A may be implemented during the term of this contract. 9 The urea supplied must not contain any impurities that cause abnormally rapid N/A decomposition of the City's storage vessels. 12337 Miscellaneous Chemicals-WWTP Page 15 of 31 100 VII. BID FORM INVITATION TO BID NO. 12337 TO BIDDER: PLEASE QUOTE YOUR LOWEST PRICE, BEST DELIVERY DATE AND PAYMENT DISCOUNT TERMS FOR THE FOLLOWING. THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS AND TO ACCEPT ANY OR ALL ITEMS AT THE PRICE BID. THE CITY INTENDS TO AWARD THIS CONTRACT WITHIN NINETY(90) CALENDAR DAYS. Quote your lowest price for the following: Schedule I ITEM QTY. UNIT DESCRIPTION Unit Price Total Price NO. 37—43% Ferric Chloride Solution: Delivered in returnable 3,300 (minimal) pound totes, 1. 40,000 Pounds or tanker delivery to customer-owned tote at $ .55/ lbs. $22,000.03 customer facility in 3,500 pound quantity. Specify Size: 3600 lbs. 75%Phosphoric Acid—Fertilizer Grade: Delivered in returnable 3,300 (minimal) pound totes 44 400.00 2. 40,000 Pounds Minimum shipment of 3,300 pounds, delivered within $1.11/ lbs. $44,400.00 business days of order. Bid in cost per delivered pound. Specify Size: 3500 lbs. Urea—Fertilizer Grade: In uncoated prill or pellets (must dissolve quickly in water tank with mixing). Delivered in 1-ton super sacks 3. 36,000 Pounds on pallets, maximum of 2 super sacks per pallet. Super $ No Bid $No Bid sacks must have straps on top for lifting, and tie-able spout on bottom. Minimum shipment of two super sacks, delivered within 10 business days of order. Bid in cost per delivered pound. Subtotal: $ 66,400.00 Tax 8.3%: $ 5511.20 Washington State Destination Based Total: $ 71,911.20 Freight FOB Destination: INCLUDED LIST DISCOUNT OFFERED OFF LIST PRICE FOR ANY OTHER ITEMS N/A o/ NOT SPECIFICALLY LISTED: 12337 Miscellaneous Chemicals-WWTP Page 16 of 31 101 VIII. BIDDER AND SAFETY QUESTIONNAIRE INSTRUCTIONS: Provide the requested information, sign and date. lithe CITY requires further description,the CITY may request Bidder to provide such information within a mandatory due date. You must submit this completed form to the CITY with your Bid. Failure to submit this form fully complete, may result in disqualification of Bid Proposal. Bidder's Legal Name: Newco Inc. Company's dba: (if applicable) Cascade Columbia Distribution Co. CEO/President Name: Robert Code Business Federal License No. UBI No. 600 109 981 EIN No. 91-0904432 Phone (206) 282-6334 Toll Free Phone ( ) FAX (206) 282-6330 E-Mail Address lancej@cascadecolumbia.com Mailing Address 6900 Fox Ave. S. City Seattle State WA Zip+ 4 98108 Physical Address 6900 Fox Ave. S. City Seattle State WA Zip+ 4 98108 Name the person to contact for questions concerning this Bid Proposal: Name Lance Jones Title Municipal Contracts Manager Phone (206)282-6334 Toll Free Phone ( ) FAX (206)282-6330 E-Mail Address lancej@cascadecolumbia.com Mailing Address 6900 Fox Ave. S. City Seattle State WA Zip+ 4 98108 Physical Address 6900 Fox Ave. S. City Seattle State WA Zip+ 4 98108 12337 Miscellaneous Chemicals-WWTP Page 17 of 31 102 BIDDER QUESTIONNAIRE SAFETY QUESTIONNAIRE 1. Is Ferric Chloride Solution, Phosphoric Acid, or Urea shipped on radio-equipped trucks? Yes ❑ No - Driver's carry cellular phones and trucks are GPS tracked 2. What safety equipment is carried on the delivery trucks? A. PPE for Drivers B. Absorbent Pads C. D. E. 3. What is your unloading procedure (using the above listed safety equipment)? Packaged material is delivered via van truck with liftgate. Use of pallet jack to place on customer dock. If a leak occurs the safety equipment is used. 4. What emergency training will the drivers receive? Name of Course: Number of Hours: Date of Training: A. DOT General Awareness 6+ within last 3 years B. GHS Hazcom 6+ within last 3 years C. PPE 6+ within last 3 years 12337 Miscellaneous Chemicals-WWTP Page 18 of 31 103 5. What procedures are proposed for emergencies during transport? (I.e. Will local Fire Departments be notified of transport routes and times?) A. (see attached regarding Cascade Columbia's emergency response) B. C. D. 6. Who in the supplier's organization do we contact in case of emergency? James "JJ" Holmes, Operations Manager, 206-282-6334 (Name, Position, Phone number) 12337 Miscellaneous Chemicals-WWTP Page 19 of 31 104 Emergency Response & Section 7 Procedure 1.1 Public Preparedness Page 1 of 1 Effective: 5I15/14 Transportation Incidents Supersedes:09/27/10 Transportation Incidents If a release of a material, hazardous or non hazardous, is discovered during transportation, it is incumbent upon the driver to attempt, with reasonable effort,to stop and contain any spilled material.The following emergency procedures will apply: Procedure: 1. If proper PPE and equipment is available and there is no risk to the driver, he/she should attempt to stop or reduce the release by containment. 2. When the release Is controlled,the driver shall contact branch management to report the incident This should be done before the vehicle is moved unless it is necessary to move the vehicle for safety reasons. 3. Branch Management will assess the need to either contact the local response agency orto respond with company personnel and equipment. 4. If It is determined that a reportable quantity(RQ) amount has been released,Branch Management will contact appropriate Federal and State authorities to report the spill. 5. Once the spill/release has been mitigated and contacts to appropriate personnel are made,the driver will complete the Incident Report as completely as possible as soon as possible while information is fresh, at least within 48 hours as required by law. This report will be furnished to Branch Management for further review and follow up. Miscellaneous: 1. Insure that each driver has appropriate PPE in his/her truck 2. Have available In each trailer minimum spill cleanup materials i.e. absorbent materials, 5 gal bucket, and any overpack needs 3. Take pictures if necessary with cell phone camera Security Notes: 1. If the driver discovers real or attempted theft or tampering of load en route, call Branch Management immediately. 2. Do not discuss load,delivery times, etc. with strangers. 3. Call 911 if at all alarmed by suspicious behavior around the truck. (RDP f IV A,B,C;13C,a,I) 105 Handling & Storage Section 4 Procedure 7 Page 1 of 1 Effective: 07/14/2017 Loading/ Unloading Non- Supersedes: 10/25/2016 Bulk Shipments Loading I Unloading Non-Bulk Shipments Policy: It is the policy of Cascade Columbia Distribution Co. to provide for loading and unloading chemicals at Company facilities that result in protection of the environment and ensure that chemicals are loaded and unloaded into and out of proper storage facilities to avoid inadvertent mixing of incompatible chemicals. Loading 1. For staging: • pulls orders and checks for damaged product. • stages according to bill of lading and/or special instructions (i.e. pallet, shrink wrap, etc.). • Verify products are clean up and are in ready to deliver condition. 2. Loading: • removes product from staging area; • verifies product name and count; • verifies no damage; • inspects all container closures (i.e., no valve leakage on IBCs, all bungs, caps, etc.) • blow off dusts and clean drums or bags if necessary • ensures truck wheels are chocked • loads truck • verifies that driver secures load. 3. Warehouse worker or other loader and Driver sign bill of lading. Unloading 1. Warehouse workers receive bill of lading from delivering carrier and check against purchase order. Do not unload if there are differences between product labels and Cascade paperwork, or containers are broken or damaged. • Contact your supervisor. • Supervisor investigates, and advises action. • If there are no differences, proceed to unload the shipment. 2. If shipment is OK to unload, warehouse workers will: • remove one container from truck • verify product name and count; • verify no damage; • unload truck and put in staging area or warehouse • sign bill of lading to receive product. 106 kern i ra Technical Data Sheet '\\ March 2018 Where water American meets chemistry TM Water Works Association Certified to NSF/ANSI 60 CERTIFIED Kemira PIX-311 Ferric Chloride, 37-42% Solution KEMIRA PIX-311 is an effective primary coagulant in Certification/Approval liquid form based on trivalent iron (Fe3+). It functions very KEMIRA PIX-311 meets or exceeds all requirements of well for both potable and wastewater clarification and can the current AWWA Standard B407 for liquid ferric be used for color removal, arsenic removal, phosphate chloride and is NSF/ANSI Standard 60 certified. removal,heavy metal removal and lime softening applications. KEMIRA PIX-311 can also be used Dosing effectively for hydrogen sulfide control,struvite control KEMIRA PIX-311 should be fed straight. No dilution or and in sludge conditioning applications. preparation is required.A diaphragm, metering pump of non-corrosive material is suitable. Typical properties Appearance Dark brown liquid Storage Specific Gravity(20°C/68°F) 1.39- 1.46 KEMIRA PIX-311 is highly corrosive and contact with metal equipment must be avoided. Storage tanks and FeCl3 37—42 wt.% piping should be constructed of suitable material such as FeTOT 12.7—14.8 wt.% fiberglass,or cross-linked polyethylene. KEMIRA PIX- Fe(III) 12.7—14.5 wt.% 311 has a recommended shelf life of minimum twelve Fe(II) <0.3 wt.% (12)months in an appropriate storage environment.With Free Acid(HCI) < 1.0 wt.% this product, inspect the storage tank yearly,clean if Freezing Point -7°C/20°F necessary. Handling/Safety This TDS is a general representation of the product. The handling of any chemical requires care.Anyone Detailed product specification/analysis is available responsible for using or handling KEMRIA PIX-311 upon request. should familiarize themselves with the Safety Data Sheet. Delivery Shipping Instructions; UN 2582, FERRIC CHLORIDE SOLUTION,8, III, RQ, FERRIC CHLORIDE SOLUTION 37-42% Kemira makes this information available as an accomodation to its customers and it is intended to be solely a guide in customer's evaluation of the products.You must test our products,to determine if they are suitable for your intended uses and applications,as well as from the health,safety and environmental standpoint.You must also instruct employees,agents, contractors,customers or any third party which may be exposed to the products about all applicable precautions.All information and technical assistance is given without warranty or guarantee and is subject to change without notice.You assume full liability and responsibility for compliance with all information and precautions,and with all laws and statutes,ordinances and regulations of any governmental authority applicable to the processing,transportation,delivery,unloading,discharge,storage,handling,sale and use of each product.Nothing herein shall be construed as a recommendation to use any product in conflict with patents covering any material or its use. Kemira 1000 Parkwood Circle,Ste 500 United States Atlanta,GA 30339 Tel +1 800 879 6353 USA Canada www.kemira.com Tel +1 450 652 0665 107 ODCASCADE COLUMBIA DISTRIBUTION COMPANY SDS DATE: 03/04/2021 LAST REVISION: 05/03/2015 SAFETY DATA SHEET This Safety Data Sheet conforms to ANSI Z400.5, and to the format requirements of the Global Harmonizing System. THIS SDS COMPLIES WITH 29 CFR 1910.1200 (HAZARD COMMUNICATION STANDARD) IMPORTANT: Read this SDS before handling & disposing of this product. Pass this information on to employees, customers, & users of this product. SECTION 1. IDENTIFICATION OF THE SUBSTANCE OR MIXTURE AND OF THE SUPPLIER PRODUCT IDENTITY: FERRIC CHLORIDE 35-45% SYNONYMS: Iron (III) Chloride Solution, Iron trichloride PRODUCT USES: Chemical Processing, water treatment RESTRICTIONS: Limited to professional use only COMPANY IDENTITY: Cascade Columbia Distribution Company COMPANY ADDRESS: 6900 Fox Avenue S. COMPANY CITY: Seattle, WA 98108 COMPANY PHONE: 1-206-763-2351 EMERGENCY PHONES: CHEMTREC: 1-800-424-9300 (USA) CANUTEC: 1-613-996-6666 (CANADA) SECTION 2. HAZARDS IDENTIFICATION 2.1 SIGNAL WORD: DANGER 2.2 HAZARD CLASSIFICATIONS: (CAT=HAZARD CATEGORY) CORROSIVE TO METALS (CAT:1) SKIN CORROSION/IRRITATION (CAT:2) ACUTE TOXICITY, ORAL (CAT:4) u EYE DAMAGE (CAT:1) 2.3 HAZARD STATEMENTS: MAY BE CORROSIVE TO METALS. HARMFUL IF SWALLOWED. CAUSES SEVERE SKIN BURNS AND EYE DAMAGE. 2.4 PRECAUTIONARY STATEMENTS: Keep only in original container. Wash with soap & water thoroughly after handling. Do not eat, drink, or smoke when using this product. Wear protective gloves/protective clothing/eye protection/face protection. Absorb spillage to prevent material damage. IF ON SKIN (OR HAIR): Wash with plenty of water. Take off contaminated clothing and wash it before reuse. IF SKIN IRRITATION OCCURS: Get medical advice/attention. IF IN EYES: Rinse cautiously with water for several minutes. Remove contact lenses, If present and easy to do. Continue rinsing. Immediately call a poison center or Doctor. IF SWALLOWED: Rinse mouth. Do NOT induce vomiting. Immediately call a POISON CENTER or doctor/physician. Store in corrosive resistant container with a resistant inner liner. Dispose of contents/container in accordance with local/regional/federal regulations. 2.5 HAZARDS NOT OTHERWISE CLASSIFIED: None SEE SECTIONS 8, 11 & 12 FOR TOXICOLOGICAL INFORMATION. SECTION 3. COMPOSITION/INFORMATION ON INGREDIENTS 3.1 SUBSTANCE OR MIXTURE: MIXTURE CHEMICAL NAME SYNONYM CAS# EINECS# WT % WATER H2O 7732-18-5 231-791-2 50-64 Ferric Chloride Iron(III)chloride; Iron 7705-08-0 231-729-4 35-45 trichloride; Tricholoroiron 108 COMPANY IDENTITY: Cascade Columbia Distribution Company SDS DATE: 03/04/2021 PRODUCT IDENTITY: FERRIC CHLORIDE 35-45% LAST REVISION: 05/03/2015 Hydrochloric Hydrogen chloride; muriatic 7647-01-0 231-595-7 1-5 Acid acid The specific chemical component identities and/or the exact component percentages of this material may be withheld as trade secrets. This information is made available to health professionals, employees, and designated representatives in accordance with the applicable provisions of 29 CFR 1910.1200 (I)(1). TRACE COMPONENTS: Trace ingredients (if any) are present in < 1% concentration, (< 0.1% for potential carcinogens, reproductive toxins, respiratory tract mutagens, and sensitizers). None of the trace ingredients contribute significant additional hazards at the concentrations that may be present in this product. All pertinent hazard information has been provided in this document, per the requirements of the Federal Occupational Safety and Health Administration Standard (29 CFR 1910.1200), U.S. State equivalents, and Canadian Hazardous Materials Identification System Standard (CPR 4). SECTION 4. FIRST AID MEASURES 4.1 MOST IMPORTANT SYMPTOMS/EFFECTS, ACUTE & CHRONIC: See Section 11 for symptoms/effects, acute & chronic. 4.2 GENERAL ADVICE: First Aid responders should pay attention to self-protection and use the recommended protective clothing (chemical resistant gloves, splash protection). If potential for exposure exists, refer to Section 8 for specific personal protective equipment. 4.3 EYE CONTACT: If this product enters the eyes, check for and remove any contact lenses. Open eyes while under gently running water. Use sufficient force to open eyelids. "Roll" eyes to expose more surface. Minimum flushing is for 15 minutes. Seek immediate medical attention. Call a Poison Control Center or get medical attention immediately. 4.4 SKIN CONTACT: If the product contaminates the skin, immediately begin decontamination with Running water. Minimum flushing is for 15 minutes. Remove contaminated clothing, taking care nottaminate eyes. If skin becomes irritated and irritation persists, medical attention may be necessary. Wash contaminated clothing before reuse, discard contaminated shoes. 4.5 INHALATION: Remove to fresh air and keep victim at rest. If breathing is difficult, give oxygen. If breathing has stopped, trained personnel should immediately begin artificial respiration. Seek immediate medical attention. 4.6 SWALLOWING: If swallowed, CALL PHYSICIAN OR POISON CONTROL CENTER IMMEDIATELY. If professional advice is not available, give two glasses of water to drink. DO NOT INDUCE VOMITING. Never induce vomiting or give liquids to someone who is unconscious, having convulsions, or unable to swallow. 4.7 RESCUERS: Victims of chemical exposure must be taken for medical attention. Rescuers should be taken for medical attention, if necessary. Take a copy of label and SDS to physician or health professional with victim. 4.8 NOTES TO PHYSICIAN: There is no specific antidote. Treatment of overexposure should be directed at the Control of symptoms and the clinical condition of the patient. Any material aspirated during vomiting may cause lung injury. Therefore, emesis should not be induced mechanically or pharmacologically. If it is considered necessary to evacuate the stomach contents, this should be done by means least likely to cause aspiration (such as: Gastric lavage after endotracheal intubation). SECTION 5. FIRE FIGHTING MEASURES 5.1 FIRE & EXPLOSION PREVENTIVE MEASURES: No open flames. 5.2 SUITABLE (& UNSUITABLE) EXTINGUISHING MEDIA: 109 COMPANY IDENTITY: Cascade Columbia Distribution Company SDS DATE: 03/04/2021 PRODUCT IDENTITY: FERRIC CHLORIDE 35-45% LAST REVISION: 05/03/2015 Use water spray, dry powder, alcohol-resistant foam, or carbon dioxide. Do not use a solid water stream as it may scatter and spread file. Do not allow water runoff to enter sewers or waterways. 5.3 SPECIAL PROTECTIVE EQUIPMENT & PRECAUTIONS FOR FIRE FIGHTERS: Cool closed containers. Use fog nozzles if water is used. Do not enter confined fire-space without full bunker gear. (Helmet with face shield, bunker coats, gloves & rubber boots, self-contained breathing apparatus). 5.4 SPECIFIC HAZARDS OF CHEMICAL & HAZARDOUS COMBUSTION PRODUCTS: Reacts with most metals producing hydrogen which is extremely flammable & may explode. Keep container tightly closed. Isolate from oxidizers, alkalis, heat, & open flame. Thermal decomposition can lead to release of irritating and toxic gases and vapors. SECTION 6. ACCIDENTAL RELEASE MEASURES 6.1 PERSONAL PRECAUTIONS, PROTECTIVE EQUIPMENT & EMERGENCY PROCEDURES: Uncontrolled releases should be responded to by trained personnel using pre-planned procedures. In case of a large spill, clear the affected area, protect people, and respond with trained personnel. ELIMINATE all ignition sources (no smoking, flares, sparks, or flames in immediate area). Use appropriate PERSONAL PROTECTION EQUIPMENT (See Section 8) during clean-up. 6.2 ENVIRONMENTAL PRECAUTIONS: Stop spill at source. Construct temporary dikes of dirt, sand, or any appropriate Readily available material to prevent spreading of the material. Close or cap valves and/or block or plug hole in leaking container and transfer to another container. Keep from entering storm sewers and ditches which lead to waterways, and if necessary, call the local fire or police department for immediate emergency assistance. 6.3 METHODS & MATERIAL FOR CONTAINMENT & CLEAN-UP: Contain and collect SMALL SPILLS (less than 1 gallon). Neutralize with soda ash or lime. Absorb with inert absorbent such as sand or soil. Shovel up and place all spill residue in suitable containers. Areas where LARGE SPILL occurs should be restricted until clear. Prevent liquid from entering sewers or waterways. Stop or reduce leak if safe to do so. Again, dispose of all waste and cleanup materials in accordance with regulations. 6.4 NOTIFICATION PROCEDURES: In the event of a spill or accidental release, notify relevant authorities in Accordance with all applicable regulations. US regulations require reporting release of this material to the environment which exceed the applicable reportable quantity. The National Response Center can be reached at (800) 424-8802. SECTION 7. HANDLING AND STORAGE 7.1 PRECAUTIONS FOR SAFE HANDLING: Isolate from oxidizers, alkalis, heat, & open flame. Use only with adequate ventilation. Avoid breathing of vapor or spray mist. Do not get in eyes, on skin or clothing. Consult Safety Equipment Supplier. Wear goggles, face shield, gloves, apron & footwear impervious to material. Wash clothing before reuse. 7.2 CONDITIONS FOR SAFE STORAGE, INCLUDING ANY INCOMPATIBILITIES: Keep separated from strong oxidants, strong bases, combustible & reducing substances, metals. Keep cool. Keep dry. Keep inside a well-ventilated room. Do not store above 49 C/12O F.Keep container tightly closed & upright when not in use to prevent leakage.Reacts with most metals producing hydrogen which is extremely flammable & may explode. 7.3 NONBULK: CONTAINERS: Store containers in a cool, dry location, away from direct sunlight, sources of Intense heat, or where freezing is possible. Material should be stored in secondary containers or in a diked area, as appropriate. Store containers away from incompatible chemicals (see Section 10, Stability and Reactivity). Post warning and "NO SMOKING" signs in storage and use areas, as appropriate. Empty containers should be handled with care. Never store food, feed, or drinking water in containers which held this product. 110 COMPANY IDENTITY: Cascade Columbia Distribution Company SDS DATE: 03/04/2021 PRODUCT IDENTITY: FERRIC CHLORIDE 35-45% LAST REVISION: 05/03/2015 7.4 BULK CONTAINERS: All tanks and pipelines which contain this material must be labeled. Perform routine maintenance on tanks or pipelines which contain this product. Report all leaks immediately to the proper personnel. 7.5 TANK CAR SHIPMENTS: Tank cars carrying this product should be loaded and unloaded in strict accordance With tank-car manufacturer's recommendation and all established on-site safety procedures. Appropriate personal protective equipment must be used (see Section 8, Engineering Controls and Personal Protective Equipment.). All loading and unloading equipment must be inspected, prior to each use. Loading and unloading operations must be attended, at all times. Tank cars must be level, brakes must be set or wheels must be locked or blocked prior to loading or unloading. Tank car (for loading) or storage tanks (for unloading) must be verified to be correct for receiving this product and be properly prepared, prior to starting the transfer operations. Hoses must be verified to be in the correct positions, before starting transfer operations. A sample (if required) must be taken and verified (if required) prior to starting transfer operations. All lines must be blown-down and purged before disconnecting them from the tank car or vessel. 7.6 PROTECTIVE PRACTICES DURING MAINTENANCE OF CONTAMINATED EQUIPMENT: Follow practices indicated in Section 6 (Accidental Release Measures). Make certain application equipment is locked and tagged-out safely. Always use this product in areas where adequate ventilation is provided. Collect all rinsates and dispose of according to applicable Federal, State, Provincial, or local procedures. 7.7 EMPTY CONTAINER WARNING: Empty containers may contain residue and can be dangerous. Do not attempt to refill or clean containers without proper instructions. Empty drums should be completely drained and safely stored until appropriately reconditioned or disposed. Empty containers should be taken for recycling, recovery, or disposal through suitably qualified or licensed contractor and in accordance with governmental regulations. DO NOT PRESSURIZE, CUT, WELD, BRAZE, SOLDER, DRILL, GRIND, OR EXPOSE SUCH CONTAINERS TO HEAT, FLAME, SPARKS, STATIC ELECTRICITY, OR OTHER SOURCES OF IGNITION. THEY MAY BURST AND CAUSE INJURY OR DEATH. SECTION 8. EXPOSURE CONTROLS/PERSONAL PROTECTION 8.1 EXPOSURE LIMITS: OSHA ACGIH CHEMICAL CAS# EINECS# TWA PEL-C STEL TLV STEL IDLH FERRIC CHLORIDE 7705-08-0 Not Available Not Available Not Available Not Available Not Available Not Available Not Available HYDROCHLORIC ACID 7647-01-0 231-595-7 5 ppm 5ppm 5ppm 2 ppm Not Available 50 ppm This product contains, Hydrochloric Acid, which is considered EPA Hazardous Air Pollutants (HAP). 8.2 APPROPRIATE ENGINEERING CONTROLS: RESPIRATORY EXPOSURE CONTROLS Airborne concentrations should be kept to lowest levels possible. If vapor, dust or mist is generated and the occupational exposure limit of the product, or any component of the product, is exceeded, use appropriate NIOSH or MSHA approved air purifying or air-supplied respirator authorized in 29 CFR 1910.134, European Standard EN 149, or applicable State regulations, after determining the airborne concentration of the contaminant. Air supplied respirators should always be worn when airborne concentration of the contaminant or oxygen content is unknown. Maintain airborne contaminant concentrations below exposure limits. If adequate ventilation is not available or there is potential for airborne exposure above the exposure limits, a respirator may be worn up to the respirator exposure limitations, check with respirator equipment manufacturer's recommendations/ limitations. For particulates, a particulate respirator (NIOSH Type N95 or better filters) may be worn. If oil particles (such as: lubricants, cutting fluids, glycerine, and so on) are present, use a NIOSH Type R or P filter. For a higher level of protection, use positive pressure supplied air respiration protection or Self-Contained Breathing Apparatus or if oxygen levels are below 19.5% or are unknown. EMERGENCY OR PLANNED ENTRY INTO UNKNOWN CONCENTRATIONS OR IDLH CONDITIONS 111 COMPANY IDENTITY: Cascade Columbia Distribution Company SDS DATE: 03/04/2021 PRODUCT IDENTITY: FERRIC CHLORIDE 35-45% LAST REVISION: 05/03/2015 Positive pressure, full-face piece Self-Contained Breathing Apparatus; or positive pressure, full-face piece Self-Contained Breathing Apparatus with an auxilliary positive pressure Self-Contained Breathing Apparatus. VENTILATION LOCAL EXHAUST: Necessary MECHANICAL (GENERAL): Necessary SPECIAL: None OTHER: None Please refer to ACGIH document, "Industrial Ventilation, A Manual of Recommended Practices", most recent edition, for details. 8.3 INDIVIDUAL PROTECTION MEASURES, SUCH AS PERSONAL PROTECTIVE EQUIPMENT: EYE PROTECTION: Splash goggles or safety glasses. Face-shields are recommended when the operation can generate splashes, sprays or mists. SKIN/HAND PROTECTION: Use gloves chemically resistant to this material. Preferred examples: Butyl rubber, Chlorinated Polyethylene, Polyethylene, Ethyl vinyl alcohol laminate ("EVAL"), Polyvinyl alcohol ("PVA"). Examples of acceptable glove barrier materials include: Natural rubber ("latex"), Neoprene, Nitrile/butadiene rubber ("nitril") or ("NBR"), Polyvinyl chloride ("PVC") or "vinyl"), Viton. NOTICE: The selection of a specific glove for a particular application and duration of use in a workplace should also take into account all relevant workplace factors such as, but not limited to: Other chemicals which may be handled, physical requirements (cut/puncture protection, dexterity, thermal protection), potential body reactions to glove materials, as well as the instructions/specifications provided by the glove supplier. BODY PROTECTION: Use body protection appropriate for task. Cover-all, rubber aprons, or chemical Protective clothing made from impervious materials are generally acceptable, depending on the task. 8.4 WORK & HYGIENIC PRACTICES: Provide readily accessible eye wash stations & safety showers. Wash at end of each work-shift & before eating, smoking or using the toilet. Promptly remove clothing that becomes contaminated. Destroy contaminated leather articles. Launder or discard contaminated clothing. SECTION 9. PHYSICAL & CHEMICAL PROPERTIES APPEARANCE: Liquid, dark brown ODOR: Acidic ODOR THRESHOLD: Not Available pH: <1.5 MELTING POINT/FREEZING POINT: Not Available BOILING RANGE: 100-105°C FLASH POINT (TEST METHOD): Not Applicable EVAPORATION RATE (n-Butyl Acetate=1): Not Available FLAMMABILITY CLASSIFICATION: Noncombustible LOWER FLAMMABLE LIMIT IN AIR (% by vol): Not Applicable UPPER FLAMMABLE LIMIT IN AIR (% by vol): Not Applicable VAPOR DENSITY (air=1): Not Available DENSITY: 1.41-1.44 g/cm3 SPECIFIC GRAVITY (Water=1): 1.41-1.44 POUNDS/GALLON: 11.8-12.0 WATER SOLUBILITY: Complete PARTITION COEFFICIENT (n-Octane/Water): Not Available AUTO IGNITION TEMPERATURE: Not Applicable DECOMPOSITION TEMPERATURE: Not Available TOTAL VOC'S (TVOC): Not Available NONEXEMPT VOC'S (CVOC): Not Available HAZARDOUS AIR POLLUTANTS (HAPS): Not Available NONEXEMPT VOC PARTIAL PRESSURE(mm of Hg @ 20 C) : Not Available VISCOSITY @ 20 C (ASTM D445): Not Available SECTION 10. STABILITY & REACTIVITY 10.1 REACTIVITY & CHEMICAL STABILITY: Stable under normal conditions. Exothermic reactions occur when combined with bases. 112 COMPANY IDENTITY: Cascade Columbia Distribution Company SDS DATE: 03/04/2021 PRODUCT IDENTITY: FERRIC CHLORIDE 35-45% LAST REVISION: 05/03/2015 10.2 POSSIBILITY OF HAZARDOUS REACTIONS & CONDITIONS TO AVOID: Exposure to air or moisture over prolonged periods. Avoid freezing and storage at high temperatures. 10.3 INCOMPATIBLE MATERIALS: Incompatible with metals, bases, stainless steel, leather, non-acid proof metals. 10.4 HAZARDOUS DECOMPOSITION PRODUCTS: Thermal decomposition can lead to release of irritating and toxic gases and vapors. 10.5 HAZARDOUS POLYMERIZATION: Will not occur. SECTION 11. TOXICOLOGICAL INFORMATION 11.1 ACUTE HAZARDS COMMON ROUTES OF EXPOSURE: Skin and eye contact 11.11 EYE & SKIN CONTACT: Severe burns to skin, defatting, dermatitis. Severe burns to eyes, causes redness, tearing, and blurred vision. 11.12 INHALATION: Severe respiratory tract irritation may occur. Vapor harmful. 11.13 SWALLOWING: Harmful or fatal if swallowed. 11.2 SUBCHRONIC HAZARDS/CONDITIONS AGGRAVATED MEDICAL CONDITIONS AGGRAVATED BY EXPOSURE: Pre-existing disorders of any target organs mentioned in this Document can be aggravated by over-exposure by routes of entry to components of this product. May cause adverse liver effects. 11.3 CHRONIC HAZARDS 11.3.1 CANCER, REPRODUCTIVE & OTHER CHRONIC HAZARDS: This product has no carcinogens listed by IARC, NTP, NIOSH, OSHA or ACGIH, as of this date, greater or equal to 0.1%. 11.3.2 TARGET ORGANS: May cause damage to target organs, based on animal data. 11.3.3 IRRITANCY: Irritating to contaminated tissue. 11.3.4 SENSITIZATION: No component is known as a sensitizer. 11.3.5 MUTAGENICITY: No known reports of mutagenic effects in humans. 11.3.6 EMBRYOTOXICITY: No known reports of embryotoxic effects in humans. 11.3.7 TERATOGENICITY: No known reports of teratogenic effects in humans. 11.3.8 REPRODUCTIVE TOXICITY: No known reports of reproductive effects in humans. A MUTAGEN is a chemical which causes permanent changes to genetic material (DNA) such that the changes will propagate across generational lines. An EMBRYOTOXIN is a chemical which causes damage to a developing embryo (such as: within the first 8 weeks of pregnancy in humans), but the damage does not propagate across generational lines. A TERATOGEN is a chemical which causes damage to a developing fetus, but the damage does not propagate across generational lines. A REPRODUCTIVE TOXIN is any substance which interferes in any way with the reproductive process. 11.4 MAMMALIAN TOXICITY INFORMATION Chemical Name Oral LD50 Dermal LD50 Inhalation LC50 Iron trichloride 220 mg/kg (Rat) 2,564 mg/kg (Rat) No data 881 mg/kg (Rat) available SECTION 12. ECOLOGICAL INFORMATION 12.1 ALL WORK PRACTICES MUST BE AIMED AT ELIMINATING ENVIRONMENTAL CONTAMINATION. 12.2 EFFECT OF MATERIAL ON PLANTS AND ANIMALS: This product may be harmful to plant and animal life if released into th environment. It is considered to have no long term effects in aquatic systems due to the rapid formation of insoluble hydroxides. 12.3 EFFECT OF MATERIAL ON AQUATIC LIFE: 113 COMPANY IDENTITY: Cascade Columbia Distribution Company SDS DATE: 03/04/2021 PRODUCT IDENTITY: FERRIC CHLORIDE 35-45% LAST REVISION: 05/03/2015 Chemical Name Fish, LC50 Invertebrates, EC50 Algae, EC50 Iron trichloride 59 mg/1 (96h, Lepomis 27 mg/1 (48h, 58 mg/1 (15d, macrochirus - Bluegill Daphnia magna - algae) sunfish) Water flea) 12.4 MOBILITY IN SOIL: Mobility of this material has not been determined. 12.5 DEGRADABILITY: This product is completely biodegradable. 12.6 ACCUMULATION: Bioaccumulation - Not Applicable, inorganic substances. 12.7 Other information: No other information is available. SECTION 13. DISPOSAL CONSIDERATIONS The generation of waste should be avoided or minimized wherever possible. Dispose of surplus and non-recyclable products via a licensed waste disposal contractor. Waste should not be disposed of untreated to the sewer unless fully compliant with the requirements of all authorities with jurisdiction. Waste packaging should be recycled. Incineration or landfill should only be considered when recycling is not feasible. This material and its container must be disposed of in a safe way. Care should be taken when handling emptied containers that have not been cleaned or rinsed out. Empty containers and liners may retain some product residues. Vapor from some product residues may create a highly flammable or explosive atmosphere inside the container. Do not cut, weld or grind used containers unless they have been cleaned thoroughly internally. Avoid dispersal of spilled material and runoff and contact with soil, waterways, drains and sewers. Processing, use or contamination may change the waste disposal requirements. Do not dispose of on land, in surface waters, or in storm drains. Waste should be recycled or disposed of in accordance with regulations. Large amounts should be collected for reuse or consigned to licensed hazardous waste haulers for disposal. ALL DISPOSAL MUST BE IN ACCORDANCE WITH ALL FEDERAL, STATE, PROVINCIAL, AND LOCAL REGULATIONS. IF IN DOUBT, CONTACT PROPER AGENCIES. SECTION 14. TRANSPORT INFORMATION MARINE POLLUTANT: No DOT/TDG SHIP NAME: UN2582, Ferric chloride, solution, 8, PG-III DRUM LABEL: (CORROSIVE) IATA / ICAO: UN2582, Ferric chloride, solution, 8, PG-III IMO / IMDG: UN2582, Ferric chloride, solution, 8, PG-III EMERGENCY RESPONSE GUIDEBOOK NUMBER: 154 SECTION 15. REGULATORY INFORMATION 15.1 EPA REGULATION: SARA SECTION 311/312 HAZARDS: Acute Health All components of this product are on the TSCA list. SARA Title III Section 313 Supplier Notification: This product contains the indicated <*> toxic chemicals subject to the reporting requirements of Section 313 of the Emergency Planning & Community Right-To-Know Act of 1986 & of 40 CFR 372. This information must be included in all SDSs that are copied and distributed for this material. Chemical Name CAS# REG. SECTION CERCLA RQ (LBS) Ferric Chloride 7705-08-0 CERCLA RQ 1,000 Hydrochloric Acid 7647-01-0 CERCLA RQ 5,000 Any release equal to or exceeding the RQ must be reported to the National Response Center (800-424-8802) and appropriate state and local regulatory agencies as described in 40 CFR 302.6 and 40 CFR 355.40 respectively. Failure to report may result in substantial civil and criminal penalties. State & local regulations may be more restrictive than federal regulations. 114 COMPANY IDENTITY: Cascade Columbia Distribution Company SDS DATE: 03/04/2021 PRODUCT IDENTITY: FERRIC CHLORIDE 35-45% LAST REVISION: 05/03/2015 15.2 STATE REGULATIONS: CALIFORNIA SAFE DRINKING WATER & TOXIC ENFORCEMENT ACT (PROPOSITION 65): This product is not listed, but it may contain impurities/trace elements (in amounts of less than 0.1%) which are known to the State of California to cause cancer or reproductive toxicity under Proposition 65, State Drinking Water and Toxic Enforcement Act. 15.3 INTERNATIONAL REGULATIONS The identified components of this product are listed on the chemical inventories of the following countries: Australia (AICS), Canada (DSL or NDSL), China (IECSC), Europe (EINECS, ELINCS), Japan (METI/CSCL, MHLW/ISHL), South Korea (KECI), New Zealand ((NZIoC), Philippines (PICCS), Switzerland (SWISS), Taiwan (NECSI), USA TSCA). SECTION 16. OTHER INFORMATION 16.1 HAZARD RATINGS: HMIS NFPA HEALTH 3 HEALTH 3 FLAMMABILITY 0 FLAMMABILITY 0 PHYSICAL HAZARDS 1 REACTIVITY 1 PERSONAL PROTECTION * SPECIAL HAZARD N/A (*Personal Protection Rating to be supplied by user based on use conditions.) This information is intended solely for the use of individuals trained in the NFP hazard 16.2 EMPLOYEE TRAINING See Section 2 for Risk & Safety Statements. Employees should be made aware of all hazards of this material (as stated in this SDS) before handling it. 16.3 SDS DATE: 03/04/2021 NOTICE The supplier disclaims all expressed or implied warranties of merchantability or fitness for a specific use, with respect to the product or the information provided herein, except for conformation to contracted specifications. All information appearing herein is based upon data obtained from manufacturers and/or recognized technical sources. While the information is believed to be accurate, we make no representations as to its accuracy or sufficiency. Conditions of use are beyond our control, and therefore users are responsible for verifying the data under their own operating conditions to determine whether the product is suitable for their particular purposes and they assume all risks of their handling, and disposal of the product. Users also assume all risks in regards to the publication or use of, or reliance upon information contained herein. This information relates only to the product designated herein, and does not relate to its use in combination with any other material or process. ,& Er_opici PRODUCT DA7A Oa J PURIFIED PHOSPHORIC ACID 11111 0-55-0 GUARANTEED ANALYSIS Available Phosphate (P205) 55.0% Derived from Phosphoric Acid. Warning:This productcontainsachemicalknowntotheStateofCaliforniatocausecancer, Information regarding the contents and birth defects orother reproductive harm.Proposition 65,theSafe Drinking Waterand Toxic levels of metals in this product is available Enforcement Act of 1986,requires notification of potential exposure to substances identi- on the Internet athttp://www.regulatory-info- fied by the State of California as causing cancer,birth defects or other reproductive harm. jr.com PHYSICAL CHARACTERISTICS Appearance clear, colorless, no visible particles Specific Gravity @ 70°F 1.61 Weight (lbs. per gal.) 13.4 Gallons per ton @ 70°F 149.3 P205 lbs. per ton @ 70°F 1100 pH 1.0 CONSTRUCTION OF STORAGE & TRANSFER EQUIPMENT 1. Tanks and Vessels: Rubber lined mild steel is adequate for storage of Purified Phosphoric Acid at temperatures below 160°F. 2. Pumps, valves, and piping: At temperatures below 160°F, 316 stainless or other suitable alloys are recommended for pump internals and valves. At temperatures above 160°F, nonmetallic pumps and valves are recommended. At temperatures below 160°F, Drisco lines are acceptable. For temperatures above 160°F, suitable plastic lined mild steel is recommended. COMPATIBILITY 1. Direct mixing with strongly basic materials should be avoided except under controlled conditions in proper vessels, containers, or process equipment. USES 1. Purified Phosphoric Acid has been purified by chemical and mechanical methods. The resulting PPA is a stable, nearly clear source of 75% H3PO4 that is suited for use in drip irrigation systems. 2. PPA also has application as a phosphate source in specialty agricultural liquid mixes that contain less than 12% K20. SAFETY Purified Phosphoric Acid (75%H3PO4)—Proper DOT shipping description: RQ Phosphoric Acid, 8, UN1805, P.G. Ill.Avoid contact with skin and eyes. Non-flammable. Products of combustion may be irritating and toxic. Caution must be used when welding — danger of hydrogen gas explosion. 12005(PDS R.9-6-02) 116 SAFETY DATA SHEET Regulation (EC) No 1907/2006 (REACH), Annex II (COMMISSION REGULATION (EU) No 453/2010) Version 1 Issue Date 10-May-2016 Product Name Phosphoric acid Revision date 29-Jun-2016 SECTION 1: Identification of the substance /mixture and of the company/undertaking 1.1. Product identifier Product Name Phosphoric acid CAS No 7664-38-2 EC No 231-633-2 REACH registration number 01-2119485924-24-0036 1.2. Relevant identified uses of the substance or mixture and uses advised against Recommended Use Food additive, raw phosphates, metal surface treatment agent, refractory additives, detergent builder. Uses advised against No information available 1.3. Details of the supplier of the safety data sheet Supplier Jiangsu Chengxing Phosph-chemicals Co.,LTD Address NO618,Meiyuan Road, Jiangyin City, Jiangsu Province Postal Code 214400 1.4. Emergency telephone number +86-532-83889090 SECTION 2: Hazards identification 2.1.Classification of the substance or mixture Classification according to Regulation (EC) No. 1272/2008 [CLP] Corrosive to metals Category 1 -(H290) Acute toxicity- Oral Category 4 -(H302) Skin corrosion/irritation Category 1 B - (H314) Serious eye damage/eye irritation Category 1 - (H318) 2.2. Label elements Symbols/Pictograms Signal word Danger Hazard Statements H290- May be corrosive to metals H302- Harmful if swallowed H314-Causes severe skin burns and eye damage Page 1/8 117 Product Name Phosphoric acid Revision date 29-Jun-2016 Precautionary Statements P280-Wear protective gloves/protective clothing/eye protection/face protection P260- Do not breathe dust/fume/gas/mist/vapors/spray P264-Wash face, hands and any exposed skin thoroughly after handling P303 + P361 + P353 - IF ON SKIN (or hair): Remove/Take off immediately all contaminated clothing. Rinse skin with water/shower P310- Immediately call a POISON CENTER or doctor/physician P305 + P351 + P338- IF IN EYES: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing P501 - Dispose of contents/container to an approved waste disposal plant 2.3. Other hazards No information available SECTION 3: Composition/information on ingredients 3.1 Mixture Chemical Name EC No CAS No Weight% Classification according to Regulation (EC)No.1272/2008[CLP] Phosphoric acid 231-633-2 7664-38-2 75-86 Met. Corr. 1 (H290) Acute Tox.4(H302) Skin Corr. 1 B(H314) Water 231-791-2 7732-18-5 14-25 Not classified 'SECTION 4: First aid measures 4.1. Description of first aid measures General advice Remove contaminated clothing and shoes. If symptoms persist, call a physician. Inhalation IF INHALED: Remove victim to fresh air and keep at rest in a position comfortable for breathing. Get medical advice/attention if you feel unwell. Skin Contact Wash off immediately with soap and plenty of water while removing all contaminated clothes and shoes.Wash contaminated clothing before reuse. If skin irritation persists, call a physician. Eye contact IF IN EYES: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing. If eye irritation persists: Get medical advice/attention. Ingestion Rinse mouth Get medical attention Never give anything by mouth to an unconscious person 4.2. Most important symptoms and effects, both acute and delayed Harmful if swallowed. Causes severe skin burns and eye damage. 4.3. Indication of any immediate medical attention and special treatment needed Treat symptomatically. SECTION 5: Firefighting measures 5.1. Extinguishing media Suitable extinguishing media Use extinguishing measures that are appropriate to local circumstances and the surrounding environment. Unsuitable extinguishing media No information available Page 2/8 CENTRE TESILNG Build C.Hongwet Industrial Zone,Baoan 70 Distrtct Shenzhen China H„t • .•'QQ N 118 Product Name Phosphoric acid Revision date 29-Jun-2016 5.2.Special hazards arising from the substance or mixture Thermal decomposition can lead to release of irritating and toxic gases and vapors 5.3.Advice for firefighters Firefighters should wear self-contained breathing apparatus and full firefighting turnout gear. SECTION 6: Accidental release measures 6.1. Personal precautions, protective equipment and emergency procedures Evacuate personnel to safe areas Ensure adequate ventilation, especially in confined areas Remove all sources of ignition Avoid contact with skin, eyes and inhalation of vapors Use personal protection recommended in Section 8 6.2. Environmental precautions Local authorities should be advised if significant spillages cannot be contained Prevent entry into waterways, sewers, basements or confined areas 6.3. Methods and material for containment and cleaning up Contain and collect spillage with non-combustible absorbent material, (e.g. sand, earth, diatomaceous earth, vermiculite) and place in container for disposal according to local/national regulations (see Section 13) 6.4. Reference to other sections See Section 7 for more information See section 8 for more information See section 13 for more information 'SECTION 7: Handling and storage 7.1. Precautions for safe handling Handle in accordance with good industrial hygiene and safety practice Ensure adequate ventilation, especially in confined areas Avoid contact with skin, eyes or clothing Wash contaminated clothing before reuse Take precautionary measures against static discharges Avoid generation of dust Do not breathe dust/fume/gas/mist/vapors/spray Do not eat, drink or smoke when using this product Wash thoroughly after handling Use personal protection recommended in Section 8 7.2. Conditions for safe storage, including any incompatibilities Keep containers tightly closed in a dry, cool and well-ventilated place Keep away from heat, oxidant, alkali Ke:p locked up and out of reach of children Keap away from food, drink and animal feeding stuffs Stare in accordance with local regulations 7.3. specific end use(s) Apart from the uses mentioned in SECTION 1.2 no other specific uses are stipulated. SECTION 8: Exposure controls/personal protection 8.1. Control parameters ci mica!Name Australia Austria Belgium Denmark European Union Pho 'brie acid(GAS#: 1 mg/m' STEL 2 mg/m' TWA:1 mg/m' TWA 1 mg/m' Page 3/8 CENT i . .y _ Build C.Hongwei Industrial Zone.Baoan 70 District Shenzhen China 11 Hnl ,,,•- l,C_1 Ann C7UU 119 Product Name Phosphoric acid Revision date 29-Jun-2016 7664-38-2 3 mg/m3 STEL TWA:1 mg/m3 STEL 2 mg/m3 Chemical Name Latvia France Finland Germany Italy Phosphoric acid(CAS#: TWA: 1 mg/m3 TWA:0.2 ppm TWA:1 mg/m3 TWA:2 mg/m3 TWA:1 mg/m3 7664-38-2) STEL:2 mg/m3 TWA:1 mg/m3 STEL:2 mg/m3 Ceiling/Peak:4 STEL:2 mg/m3 STEL:0.5 ppm mg/m3 STEL:2 mg/m3 Chemical Name Poland Portugal Spain Switzerland Netherlands Phosphoric acid(C/S#: STEL:2 mg/m3 STEL:3 mg/m3 STEL:2 mg/m3 STEL:2 mg/m3 STEL:2 mg/m3 7664-38-2) TWA: 1 mg/m3 TWA:1 mg/m3 TWA:1 mg/m3 TWA:1 mg/m3 TWA: 1 mg/m3 Chemical Name Norway United Kingdom ACGIH TLV OSHA PEL NIOSH IDLH Phosphoric acid(CAS#: TWA:1 mg/m3 STEL:2 mg/m3 STEL:3 mg/m3 TWA:1 mg/m3 IDLH:1000 mg/m3 7664-38-2) STEL:1 mg/m3 TWA: 1 mg/m3 TWA:1 mg/m3 (vacated)TWA:1 TWA:1 mg/m3 mg/m3 STEL:3 mg/m3 (vacated)STEL:3 mg/m3 Derived No Effect Level (DNEL) Inhalation Worker-inhalative, long-term- systemic 10.7 mg/m3 Worker-inhalative, long-term- local 1 mg/m3 Worker-inhalative, short-term -local 2 mg/m3 Consumer-inhalative, long-term -systemic 4.57 mg/m3 Consumer-inhalative, long-term - local 0.36 mg/m3 Consumer-oral, long-term -systemic 0.1 mg/kg Predicted No Effect Concentration (PNEC) No information available 8.2. Exposure controls Engineering Controls Shower. Eyewash station. Use with local exhaust ventilation. Ensure adequate ventilation, especially in confined areas. Personal protective equipment Eye/face protection Wear safety glasses with side shields (or goggles) Hand Protection Wear protective gloves Skin and body protection Suitable protective clothing Respiratory protection In case of insufficient ventilation, wear suitable respiratory equipment Environmental exposure controls Do not allow into any sewer, on the ground or into any body of water SECTION 9: Physical and chemical properties 9.1. Information on basic physical and chemical properties Appearance Liquid Color Colorless Odor No information available Odor Threshold Not determined pH Not determined Melting point!reezing point 42.4 °C Boiling point/ boiling range 135 °C (75%) 158 °C (85%) Flash point Not determined Evaporation rate Not determined Flammability (solid, gas) Not flammable Flammability Limit in Air Not determined Vapor Pressure 0.038 hPa Vapor density 3.4 Page 4/8 CENTRE ; Build C.Hongwei Industrial Znne,Baoan 70 Distnct.Shenzhen China /� Hotline tt��CC !! Ann CVO* 999 120 Product Name Phosphoric acid Revision date 29-Jun-2016 Density 1.57- 1.7 g/cm3 Relative density 1.57- 1.7 Specific gravity Not determined Water solubility Not determined Partition coefficient(Log Pow) Not determined Autoignition temperature Not determined Decomposition temperature 213 °C Kinematic viscosity Not determined Dynamic viscosity Not determined Explosive properties Not an explosive Oxidizing properties Not determined 9.2. Other information No information available 'SECTION 10: Stability and reactivity 10.1. Reactivity No information available. 10.2. Chemical stability Stable under normal conditions. 10.3. Possibility of hazardous reactions None under ncrrnal processing. 10.4. Conditions :o avoid Heat, flames and sparks. 10.5. Incompatible materials Oxides, alkali. 10.6. Hazardous tecomposition products Phosphorus oxide (such as P205). SECTION 11: T oxicological information 11.1. Information on toxicological effects Acute toxicity Chemical Name Oral LD50 Dermal LD50 Inhalation LC50 Phosphoric (CAS//: 1530-3400 mg/kg(Rat) >2000 mg/kg( Rabbit) 7666.3 3-2) 2740 mg/kg(Rabbit) Skin corrosion/irritation Causes severe skin burns. Serious, c, > ,l: inage/eye irritation Causes sevoi a eye damage. Sensitizalion No sensitization responses were observed. Germ cull riutigenicity No information available. Carcinogenicity No information available Page 5/8 CENTF... Buiid C.Hannwer Industrial Znne.Banan 70 District.Shenzhen China Hottiner Anil 0,00 7'» 121 Product Name Phosphoric acid Revision date 29-Jun-2016 Reproductive toxicity No information available. STOT-single exposure No information available. STOT -repeaLed exposure No information available. Aspiration hazard No information available. SECTION 12: Ecological information 12.1. Toxicity Chemical tame Algae/aquatic plants EC50 Fish LC50 Crustacea EC50 Phosphoric acid(CAS#: > 100:72 h Desmodesmus - > 100:48 h Daphnia magna 7664-38-2) subspicatus mg/L mg/L 12.2. Persistence and degradability No information available. 12.3. Bioaccumulative potential No informatior available. 12.4. Mobility in soil No informatior available 12.5. Results of PBT and vPvB assessment PBT assessment does not apply 12.6. Other adve •se effects No information available SECTION 13: Disposal considerations 13.1.Vlaste treat;nent methods Waste from residues/unused Disposal should be in accordance with applicable regional, national and local laws products and regulations Contaminated packaging Disposal should be in accordance with applicable regional, national and local laws and regulations SECTION 14: Fransport information 14.1 UN Number 1805 14.2 Proper shipping name PHOSPHORIC ACID, SOLUTION 14.3 Hazard Class 8 14.4 Fackiri Group III 14.5 Environmental hazards Not applicable 14.6 Spcciai precautions No information available Page 6/8 CENTR Build C,Hongwei Industrial Zone,Baean 70 District,5henzhen China Houint A 11.1 0,00 "2,7 122 Product Name Phosphoric acid Revision date 29-Jun-2016 14.7 Transport in bulk according to Annex II of Not applicable MARPOL 73/78 and the IBC Code SECTION 15: Regulatory information 15.1. Safety, health and environmental regulations/legislation specific for the substance or mixture European Union Component EINECS/ELINCS SVHC candidates RESTRICTIONS-REACH TITLE VIII Phosphoric acid X - - 766,1-38-2 Miter X - - 7737-18-5 Take note of Directive 98/24/EC on the protection of the health and safety of workers from the risks related to chc 'rival agar'ts at work Take note of Directive 94/33/EC on the protection of young people at work Take note of Directive 92/85/EC on the protection of pregnant and breastfeeding women at work International Inv antories Component TSCA DSL/NDSL EINECS/ELI ENCS IECSC KECL PICCS AICS NCS Phosphoric acid X X X X X X X X 7C36,1-38-2 Water X X X Exempt X X X X 7732-18-5 "-"Not I is;tcx/ ,x"Lis 15.2. Chemical safety assessment A Chemical Safety Assessment has been carried out for this substance (SECTION 16: Other information ThH material safety data sheet complies with the requirements of Regulation (EC) No. 1907/2006 Iss• Gale 10-May-2016 Re .. ;cn day 29-Jun-2016 Re .;ion Note: Data updating Key or legerr.t to abbreviations and acronyms used in the safety data sheet TV. -1WA ('imc-weighted average) ST[ -S'I EL ;Short Term Exposure Limit) Ce: -fAla> ururn limit value TSi:., United :3tatos Toxic Substances Control Act Section 8(b)Inventory DSL;;DSL-G: na-iian Domestic Substances List/Non-Domestic Substances List EIN S/ELINC S -European Inventory of Existing Chemical Substances/European List of Notified Chemical Substances ENC ' Japan l xisting and New Chemical Substances IEC ' China nvontory of Existing Chemical Substances KEC. Komar Existing and Evaluated Chemical Substances PICCS-Philipp nes Inventory of Chemicals and Chemical Substances AICS -Australih n In en(ory of Chemical Substances Full text of i i-St niernents referred to under section 3 H3( !lowed H2 1;. :. c• ;rosive to metals H3`. "a,r ; :vere skin burns and eye damage Dis. . Page 7/8 CENTRE Build C.Hongwei Industrial Zone.8aoan 70 Distnct.Shenzhen China l�C, AIll1 4 123 Product Name Phosphoric acid Revision date 29-Jun-2016 The information provided in this Material Safety Data Sheet is correct to the best of our knowledge, information and belief at the date of its publication.The information given is designed only as a guidance for safe handling, use, processing, storage, transportation, disposal and release and is not to be considered a warranty or quality specification. The information relates only to the specific material designated and may not be valid for such material used in combination with any other materials or in any process, unless specified in the text. End of Safety Data Sheet----- Page 818 CENTRE TE ITIHG Build C,Hon,wei Industrial Zone,Baoan 70 District.Shenzhen China /� Hotline ...---..._. ... - -- -- _..... - .. _ ((-' Ann 0700 900