HomeMy WebLinkAboutR-2023-137 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. RESOLUTION NO. R-2023-137
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, yor
ATTEST: }
i (...401" #0
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# I SOL) i
Rosalinda Ibarra, City Clerk ��lit1
l '''9SHING:
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 ExhibitB, 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 fora period of one (1) year from its effective date. The City may, at Its option, extend the Coot
on a year to year basis for up to two (2) additional years. For a to tol 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 Mole 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
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 ail 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
In the event of the Contractor's v������i��������m mv���m����u��.m
ondom'thioCnn�antmeybooarcmUad.' terminated, or suspended in whole or in part and the Contractor may be declared ineligible for
any future City contracts.
10Pay Transparency Nondiscrimination Provision:
The Contractor will not discharge or in any other manner discriminate against employees or applicants because they have inquired
about,diunmuSxed'ordisclosed their own pay Orthe pay ofan(�horemployee O[app|ivanLHOvneve[ennp|OyeesvvhVhave access 8othe
8 information of nnnp|oyo�m �r applicants �o � part 8oVonti�| job h/nnh0D$ cannot disclose the pay ofother
compensation /
| - ''----�k} m��v�u���' ^ �Q no('h�mvi�� have �:C�aS N�VmponSVdi0n |ofo,��U�n unless di��\Ooor� is (G\ in
�DOp�y��oOrapplicantsm nowo m who vu "c ^ ` ,
response to a fVnnm| oOrnp|ai/t or charge, (b) in furtherance Of an investigation, proceeding, hearing, or action, including an
investigation conducted by the employer, or (c) consistent with the contractors legal duty to furnish information.
11. Indemnification and Hold Harmless
a. Contractor shall take all necessary precautions in performing the Services to preventinjury b}persons orproperty.
The Contractor agrees to release, indemnify, defend, and hold harmless the Cdv' its elected and appointed [fficia|o,
officers, employees, agents, representatives, insurers, attorneys, and volunteers from all liabilities, |0SooS, damages,
and expenses related to all claims, suits, arbitration actions, investigations, and regulatory orother 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 orsubcontractor, in performance of this Agreennent, except for claims caused
bythe Qty'osole negligence.
b. Industrial Insurance Act Waiver. K is spoo|OooUy 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' amage9, oVmp8O9aUOD or benefits payable tuorby any third party under workers' compensation 8Cts,
disability benefit acts Qrany other benafitS acts orprograms, Contractor shall require that its subcontractors, and
anyone directly Qrindirectly 9mp|nv�1orhi�dbvCootn8�Gr.and anyone for whose acts C0O�a�OrnogybeUmb|e>n
connection with its performance of ' this Agreement, comply with the tonno of this paraQ[aph, 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.
o. Should 8court ofcompetent ' jurisdiction determine that this Agreement iesubject b}RCVV4.24.115^then, inthe event
Vf|iabiNv�vdamages mhun- o�dnfh0dUvinjury hopo�oO3ordamages bJp0oodm property caused th
e
concurrent`negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend,
shall boonly tothe extent nfthe 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 ofthis Section shall survive any expirationortermination ofthis Contract.
12. Contractor's Liability
AtaU�meoduhngpo�o'anoonfthe Services and this Contract, Contractor shall secure and maintain |neffect insurance toprotect
the City and Contractor from and against any and all claims, damages, |noSon. and expenses 8ho|ng out of or resulting from the
performance ofthis Contract.
Contractor shall provide and maintain in force insurance in limits no |Sox than that stated be|mw, as applicable. The City mSemss 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 Unprovided hothe City, prior hocommencement ofwork.
zzusrAoeeme,u Page 3ofS
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.
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:
Automobile Liability
$2,000,000 Per Occurrence
$2,000,000 Annual Aggregate
$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
If at any time during the life of ������m���n����in��mm��U��*���
all work under the contract oh'U be discontinued
.ued^im ' Any failure homaintain the required insurance may besufficient cause
for the City to terminate the Contract.
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 s, addenda, and modifications and Contractor's proposal (to the
This Contract, the Invitation to Bid 12337 Scope of Work, condition
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 `------ breaches this Contract, the City may terminate the Contract at its s�discretion in such eventitprovides the Ul;�
^'^~~~ Contractor --the -----��h written notice of ofContractor'sbreach and the Contractor fails to cure its breach within 30 days of this
In the City terminate�e Contract �nm�on in such oven �o itprovides the
^ — C�v and fails in80daynufth�nuUoe
Cdvwdhv�t�onoUc�n�-��SUmooOa 'no/ xw=�`,,."' .
The following rep that oho|| be considered o breach by the Contractor:
a. Defaults on an obligation under the Contract;
b. Fails hoperform any material obligation required under the Contract;
o. 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 anassignment for the benefit ofcreditors;
[ Fails to follow the sales and use tax certification requirements of the State of Washington;
g. Incurs ndelinquent Washington tax liability;
h. Becomes aState orFederally debarred Contractor;
L |aexcluded 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;
h. Fails to maintain the confidentiality of the City information that is considered to be Confidential Information,
proprietary, or containing Personally Identifiable Information;
|. 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
zz»sr»*reement Page 5of9
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.
Chance 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
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 Contractors 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:
Mike Price
Wastewater/Stormwater Division Manager
City of Yakima
2220 East Viola
Yakima WA, 98901
COPY TO:
Christina Payer
Buyer 2
City of Yakima
129 North 2nd Street
Yakima, WA 98901
TO CONTRACTOR:
Newco Inc dba
Cascade Columbia Distribution Co
6900 Fox Ave S
Seattle, WA 98108
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 Manager
Date:
CITY CONTRACT NO:-
F :::0LuTION NO:
Attest:
City Clerk ,
List of Exhibits attached to this contract
Exhibit A — Specifications
Exhibit B — Contractor's Bid Form
12337 Agreement
NEWCO INC
dba CASCADE COLUMBIA DISTRIBUTION CO
Digitally signed by Lance
Lan„Jones
Date: 2023.09.27
By 12°4143 -0T00'
Date: 9/27/2023
9/27/2023
Lance Jones
(Print name)
Page 7 of 9
EXHIBIT A SPECIFICATIONS
12337 Agreement Page 8 of 9
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 2:00:0o 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
wwwxya ki rnwa.gov%ervicespu rchasi ng.
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
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:
City of Yakima Waste Water Treatment Plant
2220 East Viola
Yakima, WA 98901
Buyer in charge of this procurement (Contact for further information):
Christina Payer, CPPB
Buyer II
Bids Must be completely uploaded by:
August 31, 2023 at 2:00:0o PM PST
Public Opening,. El
Phone
E-Mail Address
(509) 576-6696 christinapaveryakimuva.
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)
Signature of Above
Date
Title
Email Address
Phone ( )
Fax ( )
12337 Miscellenous Chemicals - WWTP Page 2 of 31
Invitation to Bid #12337
Contents
Contents
GENERAL INFORMATION
1. Purpose
2. Contracting Agency and Point of Contact
3. Exceptions
4. More or Less
5. Published List Prices
6. Delivery/Completion
7. Delivery Acceptance
8. Delivery of Unapproved Substitutions
9. Unsatisfactory Product
10. Contract Term
11. Pricing and Discount
14. Price Clarifications
15. Price Increases
16. Price Decreases
17. Expansion Clause.....................................................
18. Warranty
19. Warranty Coverage
20. Permits
21. Regulations and Codes ....................,
22. Spill Clean Up
23. Hazardous Materials
24. Pollution Liability Coverage ...........
25. Prompt Payment
26. Payments
27. Payment Method - Credit Card Acceptance....
28. Acceptance of Terms.. . 29. Sales Tax.............................................
30. Tax Revenues ............... .........
31. Clarifications and/or Revisions to Specification and Requirements.
32. Incurring Costs......,.
33. No Obligation to Contract.„.....„,..,.
34. Retention of Rights.,,,,........,
35. Points Not Addressed
36. Other City Departments/Like Items Added
12337 Miscellaneous Chemicals - WWTP
Page 3 of 31
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39. Errors and Omissions
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III. PREPARING AND SUBMITTING A BID
1. General Instructions..,...,.
2. Submitting a Bid .......... .. ......
3. Prohibition of Bidder Terms & Conditions :::..:
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5. Withdrawal of Bids .......... .......b ....,,,.. ..,....,
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VI. TECHNICAL SPECIFICATIONS
1. Technical Specification Analysis...
VII. BID FORM
VIII. BIDDER AND SAFETY QUESTIONNAIRE a........ ...m..:................. . .....:
IX. SAMPLE CONTRACT
X. SAMPLE CERTIFICATE OF INSURANCE/ADDITIONAL INSURED ENDORSEMENT.........,..
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1.
INVITATION TO BID # 12337
Miscellaneous Chemicals
GENERAL INFORMATION
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
days may be sufficient grounds for rejection of Bid.
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
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.blsi;ov/ppi/detailed-report/honne.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.
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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
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
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
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. PREPARI
A
D SU
A
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.pubiicpurchase.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.
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
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
Technical Specification Analysis
• Bid Form
• Bidder and Safety Questionnaire
V. EVALUATION AND CONTRACT A ARD
Page 2
Pages 14 & 15
Page 16
Pages 17-19
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@vakirnawa.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
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
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.
Specification
Ferric, Chloride Solution:
Meets the following Specifications:
Chemical symbol: FeCI3
ercent dry chemical by weight: 37-43%
aximum percent ferrous chloride (FeCl2)'..
0.75%
Free Acid as HCL 1.0% maximum
Insoluble 80ppm maximum:
Percent total iron: 12.7 to 1
Typical specific gravity: 1.
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
Yes
No
Comments
Page 14 of 31
Item
Specification
75% Phosphoric Add:
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
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
NO.
QTY.
40,000
40,000
36,000
Pounds
Pounds
Pounds
DESCRIPTION
37 — 43% Ferric Chloride Solution:
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:
75% Phosphoric Acid — Fertilizer Grade:
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:
Urea — Fertilizer Grade:
In uncoated prill or 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:
Tax 8.3%:
Washington State Destination Based
Total:
Freight FOB Destination:
LIST DISCOUNT OFFERED OFF LIST PRICE FOR ANY OTHER ITEMS
NOT SPECIFICALLY LISTED:
Unit Price
Total Price
INCLUDED
12337 Miscellaneous Chemicals - WWTP
Page 16 of 31
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
License No.
Phone ( )
UBI No,
FAX ( )
Mailing Address
City
Physical Address
Federal
EIN No.
Toll Free Phone
E-Mail Address
State Zip + 4
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
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.
E.
What is your unloading procedure (using the above listed safety equipment)?
4. What emergency training will the drivers receive?
Name of Course:
A.
Number of Hours: Date of Training:
12337 Miscel'1'aneous Chemcas - WWTP Page 18 of 31
5. What procedures are proposed for emergencies during transport?
(I.e. WiII 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
IX. SA PLE CONTRACT
AGREEMENT
CITY QFYAKIMA
12337 Miscellaneous Chemicals
THIS AGREEMENT, entered into on the date of last execution, between the City ofYakima, a Washington municipal corporation
("City"), and +(",
WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows:
1. Statement ofServices
The Contractor shall provide domS and (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 nfitemized prices oulisted inthe Contractor's Bid submittal at the time and inthe 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 8total of three CB years. Contract extensions shall be automatic, and
oh3U go into effect without written confirmation, un|aeu the City provides advance notice of the intention to not mnovv or un|aou 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 dis, Orhold itself out as, anagent nrrepresentative ufCity. |nnuevent shall Contractor bu
authorized to enter into any agreement or undertaking for, or on, behalf of City.
5. Successors and Assigns
e. Neither the Cdv. nor the Contractor, shall 8SSign, transfer, orencumber any rights, dubou, 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 performanceofall the covenants herein contained upon the part ofthe Contractor.
6. Property Rights
All moondS or papers of any sort relating to the City and to the project will at all times be the pmpodx 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 0fpublic
nonond or required by law to be mode pub|ic, is confidential, and the Contractor will not, in whole or part, now orat any time disclose
that information without the express written consent Ofthe City.
7. Inspection, Production and Retention nfRecords
a. The monnde n3|8UnO to the Services ShaU, at all Umeo, 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
pohbnnanoo of the Services in oconndonoo with this Contract, notwithstanding the Cdv'n knowledge of defective or non-
complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe, and
zuay7Miscellaneous chemxo|, vvwrp Page 20of3l
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.
. ° Compliance with Law
Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all applicable lbws, rule,
and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or othemise
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
mental or physical handicap in violation of the Washington State Law Against Discrimination (RCVY chaptor4lG0 or the Amohoeno
with Disabilities Act (42 U SC 12101 et seq.),
This provision shall include but not bo limited t0the following: employment, upgrading, demotion, tr8nufer, recruitment, advertising,
layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of Services under this
|nthe event ofthe Contractor's noncompliancewith the non-discrimination clause ofthis contract orwith any such rules, regulations, or
0d8m. this Contract may be oancdled, tenninGted, or suspended in whole or in part and the Contractor may b8 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 ufother employees or applicants as a part nftheir essential job functions cannot d|oo|noe the pay of other
employees orapplicants hn individuals who do not otherwise have access to compensation infnnnution, unless the disclosure is (a) in
response to o fnnn8| complaint Or charge, (b) in furtherance of an inveut|gatiOn, pmnaoUing, hearing, or aotion, including an
investigation conducted by the employer, or (c) consistent with the contractor's legal duty to furnish information.
11. Indemnification and Hold Harmless
8. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or property.
The Contractor agrees to re|eaoe, indomndy, defend, and hold harmless the Cdv. its elected and appointed offioio|o,
offioem, emp|nyeao, aganbu, mpnooentativoa, inaunnrs, attnmeyo, and volunteers from all liabilities, |uooeo, dumages,
and expenses m|otod to all claims, Suits, orb|tnoUoO actions, invoutig8tiono, and regulatory Orother 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
bythe Qty'asole negligence.
b. Industrial |noummcm Act VVmiver. It is 000nifina|h and oxorewmh understood that the Contractor waives any
immunity that may be granted to it under the Washington State industrial innummoo ant, Title 51 RCVV' 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 aubunntn8ctDnS' 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 Aomomont. comply with the terms of this paragraph, *miwa 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.
n. Should acourt 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 Qtv' the Contractor's |iob||itv, including the duty and cost to defend'
shall beonly to the extent nfthe 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.
o. The terms Vfthis Section shall survive any expirationovtermination ofthis Contract.
12. Contractor's �w�n��
Liability Atall times during performance nfthe Services and this Conhact. Contractor ohuU secure and maintain in effect insurance to protect
the City and Contractor from and against any and all claims, damages, |ousoo' and expenses arising out oforresulting from the
performance ofthis Contract.
Contractor shall provide and maintain in force insurance in limits no |enu than that stated be|nw, 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 aCertificate (fInsurance to the CMva3evidence nfcoverage for each ofthe poU8ieGand ouU|Dedherein. A
copy of the additional insured endorsement attached to the
'policy shall he included with the certificate. This Certificate of insurance
shall beprovided hothe City, prior 0ocommencement ofwork.
Failure ofCity hndemand such vodfiCoUnnofcoverage with these insurance requirements nrfailure ofCity huidentify odeficiency from
the insurance documentation provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance.
The following insurance isrequired:
a. Commercial Liability Insurance
Before this Contract �ofully executed bvthe pa�ieo.Conh��urShaUm ov�a�8Cdv�� vmce�8oe�OfinsunaDceam1
additional insured endorsements aSproof ufcommercial liability insurance with @ minimum liability limit 0fTwo Million
DoUeno($2'0OO.OUO-CK) per occurrence, combined single limit bodily injury and property damage, and Two Million Dollars
($2.000.0 .00) general aggregate. If Contractor carries higher coverage UmKn. such limits ShmU be shown on the
Certificate of |noununooand End�Endorsements and the City, its elected and appointed officials, emplovens, agents, attorneys
and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state thewho �
provider
is, --8onvorag8 amount, the policy number, the when � policy and provisions provided are in effect. S�
policy shall baineffect for the duration ofthis Contract. The certificate Ofinsurance and additional insured endorsements
shall name the City of Yakima, its elected and appointed offioia|u, eonp|0yeoS, mgentS, attorneys and volunteers as
additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving
the City prior written notice. The insurance shall be �h an insurance company or companies rated A,V|| or higher in
BenYo—u�jeand WdmlUed inthe S��nYVVmohington.The mquirenOanhScontained herein, aowell asCity ofYaNma'n
,evievvr--acceptance Pfinsurance maintained byContractor iunot intended toand shall not inany manner limit nrqualify
the liabilities orobligations assumed byContractor under this contract.
b. Automobile Liability
Before this Contract'iufully executed bythe po�ieo. Contractor shall provide the City with o certificate of|noumnce ou
nofauNmobi|o|iabi|Uvinsurance huminimum |��|�vlimit ofTwo K�iUionDoUom($�UOOU0].O0per ounu�enne.
If proof Contractor carries high ' coverage limits, such limits shall be shown on the Certificate nfInsurance and Endorsements
elected'Od the City, its o|��1 and appointed Wffic|m|o, emp|oyee8, ognnU;' attorneys and vO|Vnhanna shall be named as
ad
ditional The certificate shall clearly state who the provider is, the coverage amount, the
policy number, and when the policy and provisions provided are ineffect Said policy shall b0ineffect 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 aaadditional inourSdo, and shall contain ac|aune
that the insurer will not cancel nrchange the insurance without first giving the City prior written notice, The insurance
sha---|| be with an insurance company nrcompanies rated A,V|| or higher in BemfV Guide and admitted in the State of
Washington. The requirements contained hemin, as well as City of Yakinla'm review or acceptance of insurance
maintained byContractor |unot intended hoand shall not inany manner limit orqualify the liabilities orobligations
assumed by Contractor under this contract. The business muh3 |iab\|Uv shall include H|[uU and Non -Owned coverage if
noo*oaorY.
c. �tmw�en
Contractor —'` and all`W` ' Gap) ' ` shall at all times comply with all applicable workers' compensation, occupational
disease, occupationalandoccupational health and safety laws, statutes, and regulations to the full extent app|kmNo' and shall
maintain Employer's Liability insurance with olimit 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 Cmntract.
Contractor agrees h> assume full liability for all C|o|mo arising from this Contract including claims resulting from negligent
acts of all uuboontractor(o). Contractor is responsible to enoumouboontnactnr(u) 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: $2O0O,0OOPer Occurrence
$2,OOUOOOAnnual Aggregate
Automobile Liability $2.OUO.OU0Per Occurrence
Contractor's insurance coverage shall Ueprimary insurance with respect tnthose who are Additional Insureds under this Contract. Any
inSunBnoe, oe|AnSun@no8 or insurance pool oomBn8gR maintained by the City shall be in 8xC000 of the Contmohx/n 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 8eCU0n shall include an explicit waiver of
SuUn]goUon.
13. Severabillity
If any term mcondition of this Contract or the application thereof to any person(s)0rcircumstances is held invalid, such invalidity shall
not affect other terms, conditions mapplications which can begiven effect without the invalid term, condition mapplication. 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.Tmnninmtiom
Termination for Cause
In the event the Contractor breaches this Contract, the City may terminate the Contract at its un|8 discretion in such event that it
provides the Contractor with written notice of Contractor's breach and the Contractor fails to cure its bnmooh within 30 days of this
notice.
|nthe event of the City breaches this Contract, the Contractor may terminate the Contract at its sole discretion insuch event that it
provides the City with written notice of City's breach and the City fails to cure its breach of the Contractwithin 8Udays nfthis notice.
The following represents 8non~*xouSiv�iUuo�oUvo|k�of|no�n0esthat oh8Ubnoona�� ed8b�eohbv�eCnn�aC�r
a. Defaults oOnanunde[thoConhaot
b. Fails toperform any material obligation required under the Contract;
o. 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 legal ly-im posed, 30-day notice;
e. Makes onassignment for the benefit ofcreditors;
[ Fails to follow the sales and use tax certification requirements of the State of Washington;
1zaa7Miscellaneous Chemicals vvvvTp Page 24of31
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 forthin 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.
Chance 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
20. Venue
The venue for any judicial action to enforce or interpret this Contract Shd| lie in a court Ofcompetent jurisdiction in Yakima COuntv,
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 VD legally bind Contractor to all the honno' performances and provisions of this
22. Notice nfChange |nFinancial 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 b>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 onNotice
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 mh8U be valid. No 8Uonat|nna outside of the general BCoP8 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 OfBusiness Changes: Contractor shall notify the City |nwriting within three CBbusiness days ofany change inownership ofthe
facilities ofthe Contractor orcfthe facilities Ofany subcontractor. The Contractor shall notify the City iOwriting ansoon aopossible,
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 tothe 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 |8w Or policy that, in the sole dioomUnn 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
TO CITY:
Mike Price
Division Manager
City of Yakima
222OEast Viola
Yakima WA, 9M901
COPY TO:
Christina Payer
Buyer
City of Yakima
12SNorth 2,mStreet
Yakima, WA 98901
24. Survival
The foregoing sections Ofthis Contract, 1-2Oinclusive, shall survive the expiration ortermination ofthis Contract inaccordance with their
honno.
123s7Miscellaneous cxemicab vvwTp
Page 26of31
IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written.
CITY OF YAKIMA
City Manager
Date:
Attest:
City Clerk
List of Exhibits attached to this contract
Exhibit A — Specifications
Exhibit B — Contractor's Bid Form
[ENTER CONTRACTOR NAME]
By:
Date:
(Print name)
12337 Miscellaneous Chemicals - WWTP Page 27 of 31
EXHIBIT A SPECIFICATIONS
EXHIBIT B CONTRACTOR'S BID FORM
12337 Miscellaneous Chemicals - WWTP Page 28 of 31
X. SAMPLE CERTIFICATE OF INSURANCE/ADDITIONAL INSURED ENDORSEMENT
$
ACGRE?
CERTIFICATE OF LIABILITY INSURANCE
MT unr
cuTRE,T7- DATE
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
PORTANT" If the certificate holder is an ADDITIONAL INSURED, the poliomust have ADDITIONAL INSURED provisions or be endorsed,
If SUBROGATION IS WAIVED, subject to the teens 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
PRODUCER
INSURANCE AGENT ISSUING CERTIFICATE
INSURED
Entity Insured Address
dorsemenqs).
INSURANCE AGENT INFORMATION
Esti. I [a. NPR
111AFFON0040 COTER010g HMOS
NstizER A-VII1 OR BETTER. ADMII ILO CARRIER
N '
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 POUCY PERIOD
INDICATED NOTWMiSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY EIE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDMONS OF SUCH POIJCIES_ LIMITS SHOWN MAY HAVE BESH REDUCED BY PAID CLAIMS.
POLICY
TYPEOF INSURANCE
CONNIERCIAL GENERAL LIABILITY
CLAIMS -MADE
Ix
OCCUR
POLICY NUMBER
MN% ArpeZIPZ,NTS LRAM FPUES PER:
PRO-
1-1 POLICY JECT LDC
DATE
DATE
LENTS
0,
_5Expit I
FERSONN- A.
GENERAL ADOREOATE
5,000
0.000
2. (ON
2.000.000
AUTOSIORMELJAESLITY
ED
AUTOS CfR_Y
HIRED
AUTOS OVA
SCHEMED
AUTOS
NON-ONNED
AUTOS CRLY
USBERELLA LIAR OCCUR
EXCESS LIAR
IA
AND EMPLOYERS' UARILITY YIN
WINE .OPIEC'TCR‘PARTNEPLISIG,CUTIVE
A ESISCERMENSER EACOrEID7 I N r A
11/11nORIOT ty ME
II res„, dr—ate 4-10er
DESCRIPTION c PAThNS.
POLICY NUMBER
2:7-LP.7
DATE
270 I,
DATE
IN
NDOLY
2000,000
SOCILY
Y
POLICY NUMBER
STOP GAP EL ONLY
4P
DATE
STO.
DATE
E.
kTE.
)1---(Mg*
Et SNST 1.000.000
; 1000.000
EL DISEASE -Ek
EL
DOEkSE - POUCY LIJFY 1 1000.000
DESCRIPTOR OF CPERATION2 LOCATIONS /VEHICLES IACEIREI 10.1, Ninon spew Is mauhlisti
The Cty of Yakima, its agents, employee& authorized volunteers, elected and appointed officials are included as PrenayNon-Contributory additional etsured.
SeQ attached Addonal Insuned Endorsement
CERTIFICATE HOLDER
City of Yakima
Purchasing Depatrnent
122 N. 2nd St
Yakima. WA 08901
ACORD 25 (2616/03)
12337 Miscellaneous Chemicals - WWTP
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF. NOTICE WELL BE DELIVERED IN
ACCORDANCE WITH THE POUCY PROVISIONS.
AUTHORSZEDREPRESENTATIVE
SIGNATURE
0198B-2015 ACORD CORPORATION_ All rights reserved_
The ACORD name and logo are registered marks of ACORD
Page 29 of 31
POLICY NUMBER: COMMERCIAL GENERAL LIABIUTY
CO20100704
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Peron(s)
Or Orgentzabonts):
The City of Yakima, its agents, employees, authorized
volunteers, elected and appointed officiahe am included
as PrimaryiNon-Contributory additional insured,
Information required to complete this
A. Section II — Who Is An Insured is 'amended to
Include as an additional insure/Abe Paton(s) Or
organization(s) shown In the .$1,. ch!gule,Nbut only
with respect to liability for "boditwiruure,; 'property
damage" or 'personal and id ,vertising Injury"
caused. in whole or in part, by:
1. Your acts or missions; or
2. The acts or omissions of those acting an your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s) desig-
nated above_
CG 20100704
12337 Miscellaneous Chemicals - WWTP
Location(e) Of Covered Operations
be shown In the Declarations.
B. With respect to the insurance afforded to these
additional insureds. the foNowing additional exclu-
sions apply:
This insurance does riot apply to "bodily Injurr or
"property damage" occurring after:
1. All work, including materials, parts or equip-
ment furnished in connection with such work,
on the project (other than service, maintenance
or repairs) to be performed by of on behalf of
the additional insured(s) at the location of the
covered operations has been completed; or
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 siiihrzirdnardnr en-
gaged in performing operations for a principal
as a part of the same project.
C ISO Properties, Inc., 2004 Page1 of 1 CI
Page 30 of 31
POLICY NUMBERCGD30008.1907
COMMERCIAL GENERAL UABILRY
CG 240412 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE
D FT CAREFULLY.
WAIVER OF T NSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATON)
This endorsement modifies insurance provided under the
CO ERCIAL GENERAL LIABILITY it RAGE PART
ELECTRONIC DATA LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
POLLUTION L TUTY COVERAGE PART DESIGNATED SITES
POLLLMON LIABILITY LIMITED COVERAGE PART DESIGNATED SITES
PRODUCTSJCOMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS
SCHEDULE
Narne Of Person(s) Or Organization(s):
Where required by written contract or agreement executed prior to loss (except where not perm by law).
Information required to connplele this Schedule if flat shown above. will be shown in + y Deo-browns.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section 11/— Conditions:
We waive any right of recovery against trie perscri(s)
or organizationts) shown in the Schedule above
because of payments we make under this Coverage
Pan, Seta waiver by us applies only to the extent that
the insured has Waived Its right of recovery against
such persords) or organizafion(s) prior to loss. This
endorsement applies only to the dements) or
organizatiori(s) shown in the Schedule above_
CG 24 04 12 19
Ed Insurance Services Office, Inc_ 2018 Page 1 of 1
12337 Miscellaneous Chemicals - WWTP Page 31 of 31
CITY Ck F- KIMA PURCHA5,illCi DIVISION
• 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, trlside Deli
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,
Af
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
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 2:00:0o PM PST on August 31, 2023 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,
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
EXHIBIT B CONTRACTOR'S BID FORM
12337 Agreement Page 9 of 9
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 titres. 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:
City of Yakima Waste Water Treatment Plant
2220 East Viola
Yakima, WA 98901
Buyer in charge of this procurement (Contact for further information):
Christina Payer, CPPB
Buyer II
Bids Must be completely uploaded by:
August 31, 2023 at 2:00:0o PM PST
Public Opening "Q
PROJECT DESCRIPTION SUMMARY
Phone
E-Mail Address
(509) 576-6696 christirt,payeraki
wva. av
Miscellaneous Chemicals for Waste Water Treatment Plant
Enter Prompt Payment Discount: NSA % 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 Bide
Company Address
6900 Fox Ave. S,
Seattle, WA 98108
Company Name
Newco Inc. dba
Cascade Columbia Distribution Co.
Name of Authorized Company Representative (Type or Print)
Lance Jones
Signature of Above
12337 Miscellenous Chemicals - WWTP
Title
Municipal Contracts
Manager Fax
Email Address
lancej@cascadecolumbia.com
Phone (206 ) 282-6334
( 206 ) 282-6330
Page 2 of 31
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
Ferric Chloride Solution:
eets the following Specifications.
Chemical symbol: FeCI3
ercent dry chemical by.uyei
aximum percent ferrous chlori
.75%,,,;:
ee Acid as HCL 1.0°% maximu
nsoluble,80ppm maximum:'`
Percent total iron:
Typical specifc gravi
ypical„Weight per gallon
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
aessels.
12337 Miscellaneous Chemicals - WWTP
Yes
Page 14 of 31
Specification
75% Phosphoric Acid:
Chemical symbol: H3PO4
Percent dry chemical by weight: 74 — 75.5% X
(54.6% as phosphorous pentoxide P205).
The phosphoric acid liquidsolution 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 implementer
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 prillminimum 46% Nitrogen,
Biuret1% 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. �rnust riot contain any
impurities that cause abnormally rapid
decomposition of the City`sstorage vessels:
12337 Miscellaneous Chemicals - WWTP
Page 15 of 31
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
NO.
QTY.
UNIT
DESCRIPTION
Unit Price
Total Price
37 — 43% Ferric Chloride Solution:
Delivered in returnable 3,300 (minimal) pound totes,
40,000 Pounds or tanker delivery to customer -owned tote at
customer facility in 3,500 pound quantity.
Specify Size: 3600 lbs.
40,000 Pounds
36,000 Pounds
75% Phosphoric Acid — Fertilizer Grade:
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.
Urea — Fertilizer Grade:
In uncoated prill or 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:
.55/ lbs. t 22,000.0
$1.11/ lbs
No Bid
$ 44,400.0
$ No Bid
$ 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
NOT SPECIFICALLY LISTED:
12337 Miscellaneous Chemicals - WWTP
N/A
Page 16 of 31
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:
Newco Inc,
Company's dba: (if applicable) Cascade Columbia Distribution Co.
CEO/President
Name:
Business
License No.
Robert Code
Phone (206) 282-6334
UBI No. 600 109 981
FAX (206) 282-6330
Mailing Address 6900 Fox Ave. S.
City Seattle
Federal
EIN No.
Toll Free Phone (
91-0904432
E-Mail Address lancej@cascadecolumbia.com
Physical Address 6900 Fox Ave. S.
City Seattle
State WA Zip + 4 98108
State WA Zip + 4 98108
Name the person to contact for questions concerning this Bid Proposal:
Name Lance Jones
Phone (206) 282-6334
FAX (206 )282-6330
Mailing Address 6900 Fox Ave. S.
Title Municipal Contracts Manager
Toll Free Phone ( )
E-Mail Address lancej@cascadecolumbia.com
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
BIDDER QUESTIONNAIRE
SAFETY QUESTIONNAIRE
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
Absorbent Pads
E.
What is your unloading procedure (using the above lusted 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
within last 3 years
12337 Miscellaneous Chemicals- WWTP Page 18 of 31
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 suppliers 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
Emergency Response &
Public Preparedness
Paje 1 of 1
Section 7
Effective: 5/15/14
Supersedes:09/27110
Procedure 1.1
Transportation Incidents
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 IIV A, B, C; 13C, D, I)
Handling & Storage
Page 1 of 1
Section 4
Effective: 07/14/2017
Supersedes: 10/25/2016
Procedure 7
Loading/ Unloading Non -
Bulk Shipments
Loading 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 (Le. 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.
Where water
meets chemistry T11
Kemira
PUX 311
Ferric Chloride, 37-42% Solution
KEK0RRAPIX-311 iouneffective primary coagulant in
liquid form based ontrivalent iron (Fo*).|tfunctions very
well for both potable and wastewater clarification and can
housed for color removal, arsenic removal, phosphate
removal, heavy metal removal and lime softening
applications. KEM|RAP|X-811 can also beused
effectively for hydrogen sulfide control, ntmvikncontrol
and insludge conditioning applications.
Dark brown liquid
�Free Acid (M .3wt.%�������.!�',��
Freezing
ThisTOS isugeneral representation ofthe product.
Detailed product specification/ analysis isavailable
upon request.
Technical Data Sheet
Manck2O18
American
Water Works
Association
Certification /Approval
0EM|RAP|X-311meets orexceeds all requirements of
the current AWVVAStandard 84O7for liquid ferric
chloride and ioNSF/ANSI Standard OUcertified.
Dosing
KEM|RAP|X'11should befed straight. Nodilution or
preparation ierequired. Adiaphragm, metering pump of
non -corrosive material is suitable.
Storage
KEM|RAP|X' 11iahighlyoormoivoandountactw8U
metal equipment must boavoided. Storage tanks and
piping should be constructed of suitable material such as
fibarg|aoe, nrcross- linked polyethylene. KEM|RAP|X'
511 has o recommended shelf life of minimum t*o|va
(12)months inanappropriate storage environment. With
this pmduct, inspect the storage tank yearly, clean if
necessary.
Handling /Safety
The handling ofany chemical requires care. Anyone
responsible for using orhandling KEK1R|AP|X'311
should familiarize themselves with the Safety Data Sheet.
Delivery
Shipping Instructions; UN2582.FERRIC CHLORIDE
SOLUTION, 8.U|.RO.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 ourproducts, to
determine if they are suitable foryour 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 procaalions, Ali information and toolinicat assWanco is given without Warranty or
guarantee and is subject to change without notice. You assume full liabilily and responsibility for ccotoliance with all Wormatloo andpiecautions, and with Oil and slames, v&nances
and regUlatiOPS Of arY governmental allthOritY applicable to the processing, transporlation, defiver)� 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
1mmp°m"=odCircle, Ste am
Atlanta, GA 30339
USA
=w,wrn/ra.=m
United Slates
Tel ~18008796353
Cen"u°
Tel ~1eovmnoos
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:
SYNONYMS:
PRODUCT USES:
RESTRICTIONS:
COMPANY IDENTITY:
COMPANY ADDRESS:
COMPANY CITY:
COMPANY PHONE:
EMERGENCY PHONES:
FERRIC CHLORIDE 35-45%
Iron (III) Chloride Solution, Iron trichloride
Chemical Processing, water treatment
Limited to professional use only
Cascade Columbia Distribution Company
6900 Fox Avenue S.
Seattle, WA 98108
1-206-763-2351
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)
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:
Keepp 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.
Absorbspillage 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
SYNONYM
CHEMICAL NAME
WATER
Ferric Chloride
H2O
Iron(III)chloride; Iron
trichloride; Tricholoroiron
CAS#
7732-18-5
7705-08-0
EINECS#
231-791-2
231-729-4
WT %
50-64
35-45
COMPANY IDENTITY: Cascade Columbia Distribution Company
PRODUCT IDENTITY: FERRIC CHLORIDE 35-45%
Hydrochloric
Acid
Hydrogen chloride; muriatic
acid
SDS DATE: 03/04/2021
LAST REVISION: 05/03/2015
7647-01-0
231-595-7
1-5
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,
t< 0.1% for potential carcinogens, reproductive toxins, respiratory tract mutagens
and sensitizers). None of thetrace 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, ter the requirements of the
Federal Occupational Safety and Health Administration Sandard( 9 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 stater. Use sufficient force to open eyelids. "Roll" eyes
to expose more surface. Minimumflushing 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 not to contaminate 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 srrrptms and the clinical condition of the patient. Any material
aspirated during vomiting may causelung injury. Therefore, emesis should not bes
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 savage after endotrcheal intubation).
SECTION 5. FIRE FIGHTING MEASURES
5.1 FIRE & EXPLOSION PREVENTIVE MEASURES:
No open flames.
5.2 SUITABLE (& UNSUITABLE) EXTINGUISHING MEDIA:
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 he responded to by trained personnel using pre -planned
procedures. in case of large s ill, 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 (lass 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/120 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 awayfrom direct sunlight, sr�urces of
Intense heat, or Where freezing is possiale- Material should be stored in secondary
containers or in a diked area, as appropriat.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.
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
Erocedures.. Appropriate personal protective equipment must be used (see Section 8,
ngineering 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 NotAvailable,NotAvailable Not Available Not Available Not Available Not Available Not Available
HYDROCHLORICACID 7647-01-0 231-595-7 5ppm 5ppm 5ppm 2ppm 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
SDS DATE:
/2021
COMPANY IDENTITY: Cascade Columbia Distribution Company LAST REVISION: 05/03/20154
PRODUCT IDENTITY: FERRIC CHLORIDE 35-45%
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/NANO 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"), Neogene, Nitrite/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 a, but not limited to: Other chemicals which may be handled, physical
requirements (cutpuncture protection, dexterity, thermal protection), potential
body reactions to glove materials, s 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.
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.
11.3.5 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.E 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 tees 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
Iron trichloride
Oral LD50
220 mg/kg (Rat)
Dermal LD50
2,564 mg/kg (Rat)
881 mg/kg (Rat)
SECTION 12. ECOLOGICAL INFORMATION
Inhalation LC50
No data
available
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:
S
: 03/04/2021
COMPANY IDENTITY: Cascade Columbia Distribution Company LAST REVISION:DDSE05/03/2015
PRODUCT IDENTITY: FERRIC CHLORIDE 35-45%
Chemical Name
Iron trichloride
Fish, LC50
59 mg/1 (96h, Lepomis
macrochirus - Bluegill
sunfish)
Invertebrates, EC50
27 mg/1 (48h,
Daphnia magna
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.
Algae, EC50
58 mg/1 (15d,
algae)
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 wren recycling is not
feasiblee. This material and its container must he 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 rind 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 charge 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 SE IN ACCORDANCE
WITH ALL FEDERAL, STATE, PROVINCIAL, AND LOCAL REGULATIONS= IF IN DOUBTS CONTACT
PROPER AGENCIES.
SECTION 14. TRANSPORT INFORMATION
MARINE POLLUTANT: No
DOT/TDG SHIP NAME: UN2582, Ferric chloride,
DRUM LABEL: (CORROSIVE)
IATA / ICAO: UN2582, Ferric chloride,
IMO / IMDG: UN2582, Ferric chloride,
EMERGENCY RESPONSE GUIDEBOOK NUMBER: 154
SECTION 15. REGULATORY INFORMATION
solution, 8, PG -III
solution, 8, PG -III
solution, 8, PG -III
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
Ferric Chloride
Hydrochloric Acid
CAS#
7705-08-0
7647-01-0
REG. SECTION
CERCLA RQ
CERCLA RQ
CERCLA RQ (LBS)
1,000
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.
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 ne
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 handlin ,, and disposal of the
Product. Users also assure 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 rebate to its use in combination with any
rather material or Process.
PRODUCT D TA SHEET'
PURIFIED PHOSPHORIC ACID
0-55-0
GUARANTEED ANALYSIS
Available Phosphate (P205) ....
Derived from Phosphoric Acid.
Warning, Tttis pfa+fucteonfaIns a chemical
birth defects orOther reproductive harm,. P
Enforcement. Act o rertmafresnotiflca
Ted by the State of Cal iformata aim causing canter, b
Appearance...............................a....,.......
Specific Gravity @ 70°F ..........................
Weight (Ibs. per gal.) .............................
Gallons per ton @ 70°F ......m..................
P205 Ibs. per ton @ 70°F .......................
pHa ...................
ause cancer,
dToxic
dentt-
harm.
.. 55.0%
Information regarding the contents and
levels of metals in this product is available
on the Internet at http:llwww.regulatory-info-
jr.com
PHYSICAL CHARACTERISTICS
clear, colorless, no visible particles
.91.61
..=13.4
149.3
.1100
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, Crisco 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. III. 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)
Version I
Product Name
Phosphoric acid
Regulation (EC)No19O7/2OOG(REACH)Annex U
(COMMISSION REGULATION (EU) No 453/2010)
Issue Date 1 1h
Revision date 2e-Jun-2016
1.1'Product identifier
Product Name
CAS No
EC No
REACH registration number
Phosphoric acid
7804'38-2
231'O33'2
01'2119485824'24'0038
1�Relevant identified uses of the substance or mixtureadvised against
Recommended Use Food additivo, raw phosphates, metal surface treatment agent, refractory
additives, detergent builder.
Uses advised against Noinformation available
1.].Details ofthe supplier mf the safety data sheet
Supplier Jiangsu ChangxingPhosph'chemicalsCo,LTD
Address N[01O.MeiyuanRoad, JiangyinCity, Jiangsu Province
Postal Code 214400
1/kEmergency telephone number
+80'532-83889080
880TV042: Hazards
2.1.Classification ofthe substance ormixture
Classification according toRegulation (EC)No. 1272120U@[CLPI
Corrosive tometals Category -(M28O)
Acute toxicity ' Oral Category 4 -(H3O2)
8kinoonnu|on/initodon Category 1B -(H314)
Serious eye damage/eye irritation Category 1 (H318)
3.2.Label elements
Symbols/Pictograms
Signal word
HaZ2ngGtatements
Danger
H2S0-May becorrosive hometals
H8O2'Harmful ifswallowed
H314'Causes severe skin burns and eye damage
Product Name Phosphoric acid
Revision date 29-Jun-2016
Precautionary Statements
2.o.Other hazards
Noinformation available
P280 - Wear protective gloves/protective clothing/eye protection/facmprotection
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 waterlshower
P31 0 - immediately call a POISON CENTER or doctorlphysician
P305 + P351 + P336 - IF IN EYE& 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
'
onAnformation on in red
3.1 Mixture
Chemical Name
Phosphoric acid
231-633-2
za1-7y1-2
7664-3O-2
7732-18-5
Tn-86
14'2o
Classification according mRegulation
(EC) No. 1272/2008 [CLP1
Skin Corr, 16 (H314)
Not classified
N 4: First aid .e��ur����
_ �
4.1.Description offirst aid measures
General advice
Remove contaminated clothing and shoes. |fsymptoms persist, call aphysician.
Inhalation
IF INHALED: Remove victim to fresh air and keep at rest in a position comfortable for breathing. Get medical
advioe/a8enhunifyou 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. |fskin irritation persists, call aphysician.
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. Mosthnportant 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 symptornatic@11y.
8ECll(JN5iFirefghdmg_nnmasurea
5.1'Extinguishing media
Suitable extinguishing nnodia
Unsuitable extinguishing media
Use extinguishing measures that are appropriate toIOca|
circumstances and the surrounding environment.
No information available
Page ou
Cemr,c7co �
Product Name Phosphoric acid
Revision date 29-Jun-2016
5.2'Special hazards arising from the substance urmixture
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.
4��-�r
��TlC)N����A nt�|�� ,`'`
0.1.Personal precautions, protective equipment and emergency procedures
Evacuate personnel tosafe areas
Ensure adequate ventilation, especially inconfined areas
Remove all sources ofignition
Avoid contact with skin, eyes and inhalation ofvapors
Use personal protection recommended inSection O
V.%.Environmental precautions
Local authorities should be advised if significant spillages cannot be contained
Prevent entry into waterways, sewers. basements urconfined areas
G.8.Methods and material for containment andcleaningup
Contain and collect spillage with non-combustible absorbent material, (e.g. aand, eorth, diatomaceous earth.
vermiculite) and place in container for disposal according to local / national regulations (see Section 13)
G.4.Reference toother sections
See Section 7for more information
See section Dfor more information
See section 13for more information
SECTION 7: Hand|inq and Sto
�Le
7.1.Precautions for safe handling
Handle in accordance with good industrial hygiene and safety practice
Ensure adequate ventilation, especially inconfined areas
Avoid contact with skin, eyes orclothing
Wash contaminated clothing before reuse
Take precautionary measures against static discharges
Avoid generation ofdust
Doriot breathe dusVfume/8ee/mioUvapnrs/opey
Do not eat, drink or smoke when using this product
VVohthoroughly after handling
Use personal protection recommended ioSection 8
7.2.Conditions for safe storage, including any incompatibilities
Kccpoonbsinorstightly closed inodry, cool and well -ventilated place
Kc,pammyfrom heat, oxidant, alkali
Kccplocked vpand out ofreach ofchildren
Kcxpaway from food, drink and animal feeding stuffs
St,-,,e in accord3nce with local regulations
7.3.Specific end uso(s)
A;�rtfrom the uses mentioned inSECTION 1.2noother opeoifiouses are stipulated.
SECTION 8� Ex � n*oo ona|
. � �
.1. C,`ntro|puramoters
cal Name
Australia
1 �oxn
Donmark
TWA: 1 rr�.al»
European Union
Ccmr `� ��
Product Name Phosphoric acid
Chemical Name
Phosphoric: acid (CAS
7664-38-2)
nwx 1moxn
Revision date 29-Jun-2016
m^mm
TWm0.2 ppm
nxm: 1mum`3
arcL:o.5vpn
Finland
TWA: /mom'
Germany
rvv* umoon Ceiling / Peak: 4
Italy
TWA: 1msm'
Chemical Name
Phosphoric ncid (CAS
�
7664-38-2)
urcL� 2mnm+
portv,w
STEL: 3 mg1m`
srsL:umom+
Switzerland
aTsL:umnon
Netherlands
Chemical Narfic
Phosphoric; acid(�,,5
7664-38-2)
uouou Kingdom
arsL:-omgmf
Derived NoEffect Level (ONEL)
Inhalation Worker 'inha|obve.long-term -systemic
Worker inho|aUve.long-term 'local
Worker -inha|edve.short-term 'local
Consumer 'inha|obve.long-term systemic
Consumer -inho|ative.long-term |000|
Consumer - oral, long-term 'systemic
Predicted No Effect Concentration (PNEC)
Nuinformation available
OSHA PEL
TWA: Imomn
(vacated) TWA: 1
(vacated) SrL:n
1O7mg/mf
1mg/m"
2mg/m'
4.57mg/m^
U.3Omghm3
O.1mg1kg
8,2.Exposure controls
Engineering Controls
Shower EyeWanh station. Use with local exhaust ventilation. Ensure adequate ventilation, especially in confined
areas.
Personal protective equipment �. .
W�r��g��ow���oh�do(mQm�m�Wear protective gloves
Eye/facepmtecdon
Hand Protection
Skin and body protection
Reopina!oryprn8acUon
Environmoou|exposure controls
Onnot n||ovvinto any sewer, onthe ground orinto any body ofwater
�c��ll( N —Fhy����/m �hent�a| es
' — -
V.1.|n[onmxbononbasic physical and chemiuu
*ppvm'aocc
Colo,
Odor
Odo,T|`msho;d
pH
Mnitin�pu,n,,xmodnQpoint
Boiling poioL/boiling range
Flash point
Evupopbw,�iAe
Flammability (nolid'gas)
FlamrnnbiGty �JmbinAir
VaporProssv/o
Voporclo,`sky
|pmpertino
Liquid
Colorless
Noinformation available
Not determined
Not determined
42.4~C
135"C(75%)168°C(85%)
Not determined
Not determined
Not flammable
Not determined
D.O38hPa
3.4
pnue wo
ccwr:E �
---
Product Name Phosphoric acid
Revision date 29-Jun-2016
Density
Relative density
Specific gravity
Water solubility
Partition coefficient (LogPow)
Autoignition temperature
Decomposition temperature
Kinematic viscosity
Dynamic viscosity
Explosive properties
Oxidizing properties
9.2. Other information
No information available
1.57 - 1.7 g/cm3
1.57 - 1.7
Not determined
Not determined
Not determined
Not determined
213 °C
Not determined
Not determined
Not an explosive
Not determined
SECTION 19:- 3tability and reactivity
10.1. Reactivity
No information available,
10.2. Chemical stability
Stable under normal conditions.
10.3. Possibility of hazardous reactions
None under nc:rmal processing.
10.4. Conditions :o avoid
Heat, flames and sparks.
10.5. Incompatible materials
Oxides, alkali.
10.6. Hazardous decomposition products
Phosphorus oxide (such as P205).
SECTIOt I foxicological inforniat
11.1. Information on toxicological effects
Acute
Chemical Name
Phosphoric, 2C'd (CAS #:
7(39-?)
Skin corrosion/irritation
Causes severe skin burns.
Oral LD50
1530 -3400 mg/kg (Rat)
Serious ep d:crnage/eye irritation
Causes severe eye damage.
Sensitization
No sensitizotien responses were observed.
Germ cell mutagenicity
No information available.
Carcinogenicity
No information available
Dermal LD50
> 2000 mg/kg ( Rabbit )
2740 mo/kg ( Rabbit )
Inhalation LC50
Page 6 / 8
CENTRE
Bd C,HongwEl indusktull Zone,f3.-loan 10 DisinctShonzhen Chr
P,muunmwamv P`napnnnvacm
Revision date 2e-Jun-2016
Reproductive toxicity
No information available.
STOT-sinQbexposure
No information available.
STOT'repeated exposure
No information available.
Aspiration hazard
No information available.
-- �nsi
SECl0��N12:_�co[o�.|
12.1. Toxicity
ical Name
Pho,phpri�a7id'(CAS #:
7664-38-2)
mgam/aquuUvplants ECaV
- >1m0:72hDosmudeomus
1�2.Persistence and degmdabiDty
Noinformation available.
i2.3.Bioaccumu}a8vopotential
Noini(c/mobo/ available.
12.4. Mobility insoil
No jnforn):Wor available
12.6. Results ofi`BTand vPvBassessment
PBT assessm-ont does not apply
12.8.Other pdvu'nceffects
No information available
Fish LC60
I������
>10�4�h mngno
������
^
-ECTK0N13:Disposal, co _
131.%Yno/otrealmcntmethods
VVazic|mm/uaiduealuouned
products
Contaminated packaging
___
ran
|should beinaccordance with applicable national and local laws
d regulations
Disposal should be in accordance with applicable regional, national and local laws
and regulations
"^r�~`—^`�
1
4.1 UUNvnbor
14.2 Proper shipping name
14.3 }|^zard. C/ass
14.4 racki^)Group
14.5 Environmental hazards
14.1i 5pociaip,ocautions
PHOSPHORIC ACID, SOLUTION
U|
cswTV
--
1805
Not appNo information available
licable
000u o.eu"mmu/"u.,�"�/zona.ao"ao mo�nc�ama�rem cx/"o ��� �"v.,"
`° ^ ^"^ ~-`~ `~`
-
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
Eurosom Union
Component
Phesprinric acid
7684-38-2
778. -18,5
Take note of Directive 98/24/EC on the protection of the health and safety of workers from the risks related to
che t work
Take note ol Directive. 94/33/EC on the protection of young people at work
Take note of Pirective 92/85/EC on the protection of pregnant and breastfeeding women at work
EINECS/ELINCS
SVHC candidates
RESTRICTIONS - REACH
TITLE VIII
In ernational Itr rItories
Component TSCA
SphOric
7854-'2;8-2
\..7,81er
7- 882-'885
" No/
'X" Li.s' :!
DSL/NDSL
EINECS/ELI
NCS
ENCS
Exempt
IECSC
KECL
X
PICCS
AICS
X X
15.2. C:dernical t: 'Idly assessment
A ( r7:ictd S:ffely Assessment has been carried out for this substance
SEC1 k:4,1 16: 3ther information
Th: 1;1:ILC-I"H! F:!fety data sheet complies with the requirements of Regulation (EC) No. 1907/2006
Iss
Re 1(Inv.
Rc n No;
10-May-2016
29-Jun-2016
Data updating
Ke, it: abbreviations and acronyms used in the safety data sheet
TJ 1 \i":" r; -fl.veijfiled average)
STE! - 5 I i.L Short lerrn Exposure Limit)
Cel - value
TS(- I um Substances Control Act Section 8(b) Inventory
DStd:r),7L - n Domestic Substances List/Non-Domestic Substances List
- European Inventory of Existing Chemical Substances/European List of Notified Chemical Substances
ENC : 1;111 :,j:;Lng and New Chemical Substances
IEC' rly,r1tory of Existing Chemical Substances
KEC Ko tlxohngand Evaluated Chemical Substances
PICcs - PhWp riwi Inventory of Chemicals and Chemical Substances
AIC:- of Chemical Substances
FuI e.1; 72, onto referred to under section 3
: , o',.jvc,: to metals
H3 - shin burns and eye damage
Dis
Page 7(8
CENTP
C, China
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 inforrriation 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 8/8
Build C,Hongwei Industrial Zone.Baoan 70 DisInct.Shenzhen China (?) Hotline
Ann C9®® .2
CENTRE TESTING
AGREEMENT
CITY OFYAKIMA
12337K0incad|mnowus Chemicals
THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, u Washington municipal
corporation
(^City"),and Two Rivers Terminal, ("COntnudor1.
WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows:
1 @�eme���m��
^ The Contractor shall provide items and (collectively referred to as "Services") as outlined in 0d 12337 Miscellaneous
Chemicals Specifications which are attached as Exhibit A.
2. °o=p",~~~_^^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.
3Contract Term
The period of this Contract shafl 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.
^ Agency Relationship between
Contractor
Contractor shall, atall times, be am`independent Contractor and an a---u�/��w���**n/vitv,wdhre0andtoporfomanoefoft~
he
Services. Contractor shall not represent that it hold its|f outas, onagent px'representative ofCity, |nnOevent shall Contractor ba authorized hoenter into any agreement nrundertaking for, oron, behalf ofCity.
5. Successors and Assigns
o. 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 nfthe 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 cfRecords
e. The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the City, but
not Contractor responsibility for
the n1aWn�of(orfailure urdelay inmaking) such r n /��p9=* ^
p8�nmno— ' the Services inaccordance with this
'Contract, notwithstanding the City'u knowledge ofdefective ornon'
�
non-
complying onnanoa,dnoubx�n�a|dvnrthooaoeof|twdiscovory.Con�ao�rohoUp0v�ath8Chvou�cient,o�e'ond
pmporfacilities, and/or send copies ofthe requested documents tothe City. Contractor's records relating tVthe Services
will boprovided tothe City upon the Cih/urequest.
b. Contractor shall promptly furnish the City with such information and nuoondn which are related to the Services of this
Contract as may be requested by the Qty. Until the expiration of six (6) years after final payment of the compensation
12337Am,eement Page 1 of
payable under this Contract, mfor alonger period if required bylaw mbythe Washington Secretary ofGtate record
retention eohedu|o. Contractor shall retain and provide the City aooaoo to (and the City shall have the rightbo G«aminn,
audit and oom) all of Contractor's books, documents, papers and records which are related to the Gamioou pndhnnod by
Contractor under this Contract. If any |iUg8UUO, claim, Or audit is started before the eKpin8UOD of the six -year
period, the records Gh8|| be retained uOU| all litigation, claims, Draudit 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 8Srvi000 are City of Yakima /YaNme 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
oom|000 under this Contract must be retained by Contractor for the minimum period of time required pursuant to the
Washington Secretary ofStato'orecords retention schedule.
d. The terms ofthis section shall survive any expirationnrtermination ofthis 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, |OCa[ or otherwise.
Contractor oh8|| procure and have all applicable and necessary permits, |iCen000 and approvals of any fedana|, state, and |000|
government orgovernmental authority orthis project, payaUohargnoandfeou.andgivaaUnotioeun00000eryandinnidnnto|tothodue
and lawful execution ufthe work.
e. 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 ofavalid Washington State Contractor Registration number.
cContractor must provide proof ofavalid Washington department of Revenue state excise tax registration number, as
required in Title 85 RCW.
d. Contractor must provide proof of valid Washington Unified 8uoinoou Identification (UB|) numbor. Contractor must have
aounant UB| number and not badisqualified from bidding on any public works contract under RCVY 39.00.010 or
e. Contractor must provide proof of valid Washington Employment Security Department number as required by Title 50
[ Although the City does not require foreign corporate proposers tDqualify inthe
Chv' County or State prior to submitting o proposal, it is specifically understood and agreed that any such corporation will
pmmoUv take all n0000uory measures to become authorized to conduct business in the City of Yakima at their own
expense, without regard towhether such corporation is actually awarded the contract, and in the event that the award is
made, prior k}conducting any business |nthe City.
9. Nondiscrimination Provision
During the performance ofthis Contract, the Contractor agrees oGfollows:
The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital
status, sexual ohontation, gander idSntib/, pmgnoncy, veteran's otatuo, political affiliation or belief, or the pmmonno of any sensory,
mental or physical handicap in violation of the Washington State Law Against Discrimination (RCVV ohoptar48.00) or the Americans
with Disabilities Act (42USC12101otueql
This provision shall include but not be limited tnthe following: employment, upgmding, domodon, transfer, recruitment, advertising,
layoff ortermination, rates of pay orother forms of compensation, selection for training, and the provision of Services under this
Agreement.
12337xgreement Page 2of9
|nthe event of the Contractor's ��the n����m��no�����o��u���a����hm.mgu�o�.m
un1nm'this Conhontmay Uecancelled,
'-terminated, orsuspended inwhole urinpart and the Contractor may bodeclared ineligible for
any future City contracts.
10L Pay Transparency Nondiscrimination Provision:
The Contractor will not discharge urin any other manner discriminate against employees or applicants because they have inquired
about dioouuoed ordioo|nSodthoirVwnpay orthe pay ofanother employ
eeorapplicantHoVmv8r.m/�p|0yeMsVvhnhave access k}tho
Cornp"n�adon |R` Dm8kioD ofVtho/ employees or eppUnen1s as a par(�their essential job fuO(�i0nS caDmtdis:|000 the pay ofV(he[
|` ���r�`-|i:8n�Shxind|v\dUa|mwhQdonCko�enW�! h8voan��Vak}�VmpmnS�U0ninfo[matiOD Vn|e�SU18dis�0�u[�ia(m\iD
emp�ye �p � . ` '
es~^x~~~-� -`''-�—r 'l�/^o�dla[ge, (h) in furtherance of an investigation, proceeding, hearing, or 8cVOn, 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 torelease, indemnify, defend, and hold harmless the City, Its elected and 8ppninte�d�NmiS.
officers, employees, agents, representatives, insurers, attorneys, and volunteers hU nm�Uabi|iUes.|oosns.damoQns.
and -xponoam related to all claims, uuito, arbitration aoi|VnS. investigations, and regulatory orother 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
bythe Citv'osole negligence.
h. Industrial Insurance |nourance Act Waiver, It in 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
pu[pV$8m of this indemnification, Con\raotoen indemnification shall not be limited in any way by any limitation on the
amount of damages, compensation or benefits payable K)or by any third party under workers' compensation acts'
disability benefit acts or any other benefits aob; or programs, Contractor shall require that Its oubQ}Dtnmotors, and
anyone directly orindirectly employed orhired bvContractor, and anyone for whose acts Contractor may boUab|ein
connection with its performance of this A�noo ' nt, nD0p|y with the terms of this paragraph, waive any immunity
granted under Title 51 RCW, and assume all potential liability for actions brought bytheir respective employees. The
Parties acknowledge that they have mutually negotiated this waiver.
c. Should court of competent 'urisd�hond��mrm|ne that this AQmmnOontioou�9ci1oRC�/4.24115,then, lnthe event
of liability fo
r out mfbodily injury k)penm»na| damages hJprDpedresulting
concurrent negligence ufthe Contractorand the City, the Contractor's liability, including the duty and cost h}defend,
shall boonly tothe extent ofthe 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 ofthis Section shall survive any expirationortermination ofthis Contract,
12. Contractor's Liability
At all times during performance of the Gemi000 and this Contract, Contractor shall aooum and maintain in effect insurance to protect
the City and Contractor from and against any and all claims, damages, |noeoa, and expenses arising out Of or resulting from the
performance ofthis 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 Codif|ooha of insurance
shall beprovided hothe City, prior hucommencement ofwork,
12337 Agreement
Page 3 of 9
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:
Automobile Liability
$2,000,000 Per Occurrence
$2,000,000 Annual Aggregate
$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 Contractors
insurance. All additional insured endorsements required by this Section shall include an explicit waiver of subrogation.
12337 Agreement Page 4 of 9
If dmoduring �o�n f��tomon�in�amqui�d�oumnoo�fuUfo�eand offoot
ell work -'-' und8r�econtract —� shall bediscontinued
nuod'im Any failure bomaintain the required insurance may bosufficient cause
for the City to terminate the Contract.
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 —the Contractor bnoaohou this Contract, , the Cmay terminate the Contract at its sole discretion in such oven that it'^ `^-the - Contractor with written notice of Contractor's breach and the Contractor to||S to cum its breach within 90 Uoyo of this
provides the
notice.
In the event the City bmo�o this Contract, the Cu��o�r�y��ina��e Contract at its ��d�n��n in such event that it
pmvidonthe Chwit
h breachandthnCUvfai|ohocunyitebmanhnfthoCuntrar within 00days nfthis notice,
The following represents a non-exclusive, illustrative list of instances that shall be considered a breach by the Contractor:
a. Defaults onanobligation under the Contract;
b. Fails hoperform any material obligation required under the Contract;
o. 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 anassignment for the benefit ofcreditors;
f. Fails to follow the sales and use tax certification requirements of the State of Washington;
g. Incurs adelinquent Washington tax liability;
h. Becomes eState nrFederally debarred Contractor;
i. |oexcluded 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, nrcontaining Personally Identifiable Information;
|. Contractor performance threatens the health orsafety ofaCity, County ormunicipal 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
zzaarxo,eement Page GnfS
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
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:
Mike Price
Wastewater/Stormwater Division Manager
City of Yakima
2220 East Viola
Yakima WA, 98901
COPY TO:
Christina Payer
Buyer II
City of Yakima
129 North 2nd Street
Yakima, WA 98901
TO CONTRACTOR:
Two Rivers Terminal
3300C N Glade Rd
Pasco, WA 99301
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.
TWO RIVERS TERMINAL
By:
Date:
CITY CONTRACT NO: F T 4d
..:.'=:OLUTION NO:...
List of Exhibits attached to this contract
Exhibit A — Specifications
Exhibit B — Contractor's Bid Form
12337 Agreement
03
Page 7 of 9
EXHIBIT A SPECIFICATIONS
12337 Agreement Page 8 of 9
City of Yakima
NOTICE TOBIDDERS
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:oo PIVI PST on August 31,
2023. Bids will bepublicly opened inYakima City Hall, Council Chambers, 129N.
3ndStreet, Yakima, Washington 989D1. Atsuch time, Bids will bepublicly read
for: Miscellaneous Chemicals
Instructions to register with Pub|icPurchase.com are available at
The City of Yakima reserves the right to reject any & all B|Ds.The City hereby
notifies all Bidders that it will affirmatively ensure compliance with WA State
Law Against Discrimination (R[VV chapter 49.60) & the Americans with
Disabilities Act (42 USC 12101 et set.)
Dated August 14,2O23Publish onAugust 16& 18,3023
Christina Payer, Buyer U
12337 Miscenenvusmmnicals WwTP Page zofaz
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:
City of Yakima Waste Water Treatment Plant
2220 East Viola
Yakima, WA 98901
Buyer in charge of this procurement (Contact for further information):
Christina Payer, CPPB
Buyer II
Bids Must be completely uploaded by:
August 31, 2023 at 2:00:0o PM PST
Public opening 0'
Phone
E-Mail Address
(509) 576-6696 christina.paeryalimua.gov
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 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 Address
Company Name
Name of Authorized Company Representative (Type or Print)
Title
Phone
Fax
Signature of Above
12337 Miscellenous Chemicals - WWTP
Email Address
Page 2 of 31
I. Contents
I. Contents .......................... ........: ...... ... . ; .
II. GENERAL INFORMATION...
1. Purpose
2. Contracting Agency and Point of Contact... . ......... ......... .......
3. Exceptions ...............................................
4. More or Less
5. Published List Prices
6. Delivery/Completion
7. Delivery Acceptance ....... ........ .. ... ..... ...,...:: ..,...,,. . m,.,.,., .......,..
8. Delivery of Unapproved Substitutions . ..
9. Unsatisfactory Product... .w..,...,.a ...,.
10. Contract Term ................. . ,.....
11. Pricing and Discount.......
14. Price Clarifications ......... .......... ...... ......... . .......„
15. Price Increases ....... .e.. . ........: ..... ...........: ........: ..................
16. Price Decreases ...... ...... ................. . .. ........ ........... .......
17. Expansion Clause.......... ....... .... ..................
18. Warranty ............... ......... ..................
19. Warranty Coverage ........ ...........
20. Permits „. ........:.... „ ..., ...,... ......y.,,,
21. Regulations and Codes............................... . ........ ....... A ,...,.,.; ...,..,. :
22. Spill Clean Up
23. Hazardous Materials...............................................................................
24. Pollution Liability Coverage,. ............ . ....: ......y.- ....-.-:.,:
25. Prompt Payment.,. ..,....„n...,...,;: . ...... ... .........
26. Payments
27. Payment Method - Credit Card Acceptance....
28. Acceptance of Terms
29. Sales Tax.,..........
30. Tax Revenues.. ........... . ... ... ........: ............ .....: ........a.
31. Clarifications and/or Revisions to Specification and Requirements
32. Incurring Costs ....................................... ......a.. .,....a. ,w..:
33. No Obligation to Contract
34. Retention of Rights ................................. ..... ... ....... ..............:..
35. Points Not Addressed::..;..:
36. Other City Departments/Like Items Added ..
12337 Miscellaneous Chemicals - WWTP
Invitation to Bid #12337
Page 3 of 31
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37. Materials Bought from Different Supplier ... --.-._.°-__^_°_~~__~_-~~_._=--_........ ---- 10
38. Re -Award .--^^-,. 11
�����
39. Errors and ��mnimaimnm _~-.-,~-`_`^-=,".-__�-,`,,-,�--m__�-�"—'^'~^
40. Changes 11
U|� PREPARING AND SUBMITTING ABID
11
i. General Instructions .^~._--- ^~-^_~~-~^---_z"�~--.��_----_-_^_�---_^--^
11
2. Submmhdng a�0d--------___,,___^��_+_v^_~-~-~^~--`-~-^~*�~^-~-------°~~---~~'
11
3. PnmMibbjoncfG�idderTermme��CmndhUoos-__.=__.~^_,-_,__._�___~___~~__~~=«__~,~_
12
4. Multiple Bids .^,*�°"~,,_~___x^__=_=,__^-=,___�_°�__^"__
12
S. VNthdrama[mfBids "'�«�_°_^-_.-_--_.-_~�=,._~_,_-_~^_c'~-~,__r
_^ ._°_~. 12
V.
1. Bid Evaluation- °____-_............ ~�_12
2. Offer lnEfhoctfmrNinety (90)0mys-~~_-...... ~,...... --,.r~.--~........ ....... _........ --- °....... ^^^^ 12
3. Protest Procedure ...... 12
VI, TECHNICAL TECHN|CALSPEC|F|C/AlONS '
1. Technical Specification _��_'_-~_~,^~~^-^__°~~
\0i BID FORM .... -
V1U-BIDDER AND SAFETY QUESTIONNAIRE 17
2O
|X SAMPLE CONTRACT ...... ---- ....... ....... X. SAMPLE CERTIFICATE QFINSURANCE/ADDITIONAL INSURED ENDORSEMENT 29
Page 4 of 31
II. E E* LI F
TI
INVITATION TO BID # 12337
Miscellaneous Chemicals
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.
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
a mounts.
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
days may be sufficient grounds for rejection of Bid.
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
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
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
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
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
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. ' E
1. General lnstructions
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
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.
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. E L T
T CT
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.whiteyakimawa. ov. 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
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. TEC IC L SPECIFIC TI S
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
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
7--43% Ferric Chloride Solution:
Meets the following. Specifications:
Chemical symbol: FeCl3
Percent dry chemical by weight: 37-43%
Maximum percent ferrous chloride (FeCIz)
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
Item
Specification
75% Phosphoric Acid:
Chemical symbol: 1-13PO4
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: CI-I4N20
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.
Yes
No
Comments
12337 Miscellaneous Chemicals - WWTP Page 15 of 31
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:
ITEM
NO.
40,000
40,000
36,000
Pounds
Pounds
Pounds
Schedule I
DESCRIPTION
37 — 43% Ferric Chloride Solution:
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:
75% Phosphoric Acid — Fertilizer Grade:
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:
Urea — Fertilizer Grade:
In uncoated prill or 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:
Tax 8.3%:
Washington State Destination Based
Unit Price
Total: $
Total Price
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
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
License No.
Phone ( )
UBI No,
FAX ( )
Mailing Address
Federal
EIN No.
Toll Free Phone (
E-Mail Address
City State Zip + 4
Physical Address
City State Zip + 4
Name the person to contact for questions concerning this Bid Proposal:
Name
Phone ( )
FAX ( )
Mailing Address
Title
Toll Free Phone
E-Mail Address
City State Zip + 4
Physical Address
City State Zip + 4
12337 Miscellaneous Chemicals - WWTP Page 17 of 31
BIDDER QUESTIONNAIRE
SAFETY QUESTIONNAIRE
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?
B.
What is your unloading procedure (using the above listed safety equipment)?
4. What emergency training will the drivers receive?
Name of Course:
A.
12337 Miscellaneous Chemicals - WWTP
Number of Hours: Date of Training:
Page 18 of 31
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
IX. SAMPLE CONTRACT
AGREEMENT
CITY OFYAKIMA
12337Miscellaneous Chemicals
THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, aWashington municipal
corporation
("City"), and _ ~.("Contrantor").
WIT ESSBM:Thopadies,inmnsiderationof the terms and conditions herein, dohereby covenant and agree as follows:
1' Statement mfServices
The Contractor ohuU provide items and service(s) (collectively referred to as "Services") as outlined in Bid 12337 Miscellaneous
Chemicals Specifications which are attached uuExhibit A.
2. CompensationThe 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 pedod of one (1) year from its effective date. TKe 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~ �U�n ����m����
'-n —''---`'"- '
Contractor —`shall, atall �-'b~eindependent and not agent of City
with regard toperformance nfthe
Services. Contractornlu||not represent that it is. ^rhold itself out or representative ofCity. |nnOevent shall Contractor Uo
authorized hoenter into any agreement Orundertaking for, oron, behalf of City.
5. Successors and Assigns
a. Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights,duUoo.urintereatsuncmingfnnnthis
Contract without the prior written consent of the other.
b. The Contractor for itself, and for US heirs, oxoCutom, admin|ntrotom, ouocosaom' and assigns, does hereby ogom to the
full performance of all the covenants herein contained upon the part of the Contractor.
6. Property F@Whtw
All records or papers of any sort relating to the CityU 0o 1U | V /tYu/the � C.` shall be
Cdh���a� matter of public
surrendered to the City upon demand. All information concerning m
nmoond or required by law to be mad* pub|io, is onnfidenba|, and the 'Contractor will not, 'imwhole or|part, now or auany time disclose
that information without the express written consent ofthe City.
7. Inspection, Production and Retention ofRecords
a. The records m|oUng to the Services oho|[ at all Umoe, he subject to inspection by and with the approval of the Cdv, but
the making of (or failure or delay in making) such inspection or approval aho|| not relieve Contractor nfresponsibility for
performance oftho Gamioeo in aooOn1anno with this COntmct, notwithstanding the Qty'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
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
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
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.
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
maintain Employees 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 Contractors liability or responsibility,
Commercial General Combined Single $�U0000P�OC��8OC6
Liability:$lD0O,OUOAnnual Aggregate
Automobile Liability $2.00O.00OPer 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
If at anytime during the life ofthe Contract, orany extension, ' Contractor fails to maintain the required inSunanooinfu||forneandofeot,
all work under the contract shall --��� uoUimmediately. Any maintain the noamay U8ouff��nlcause for the City to terminate the Contract. All additionalinsured endorsements by this ' u SectimnShaUinn|udoGn8xnUdtwBiworOf '`
1
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.Termnatio
TerminationIn the event the —Contractor breaches this Contract,Contract,the'o City � may Contract at dso
le ledisoretion in such m� mth� o�
--"-provides the rwritten�hwritten notice of Contractor's breach and the Contractor fails tocure its breach within 30doyo of this
In the event of the C may �rmina��e Contract such event�a it
breaches ^— —� provides the City with written notice of City's,breach and the City fails ho oumdobreoohofth Contract within6Mdays ufthis notice
.
The following represents a non-exclusive, illustrative list of instances that shall be considered a breach by the Contractor:
o. Defaults onanobligation under the Contract;
b. Fails hnperform any material obligation required under the Contract;
o. 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-im posed, 30-day notice;
o. Makes anassignment for the benefit ofcreditors;
[ Fails to follow the sales and use tax certification requirements of the State of Washington;
zzssrMiscellaneous Chemicals wVVrp Page 24of31
g. Incurs odelinquent Washington tax liability;
h. Becomes oState orFederally debarred Contractor;
i |oexcluded from federal procurement and non -procurement Contracts;
j. Fails to maintain and keep inforce all required insurance, permits and licenses as provided inthe Contract;
k. Fails to maintain the confidentiality of the City information that is considered to be Confidential Information,
proprietary, orcontaining Personally Identifiable Information;
|. Contractor performance threatens the health or safety of City, County or municipal employee; or
Termination for Convenience
The City may terminate the Contract, without oauno, by providing 30 days written ncdioo of termination.
In the event oftermination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the
Contract. The Contractor shall also becompensated for partially completed oomiooS. In this event, compensation for such partially
completed oSmioeo shall be no more than the percentage of completion of the mnmiCan requoated, at the sole discretion of the Citv,
multiplied by the corresponding payment for completion of such services as set forth inthe Contract. Alternatively, ot 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.
|naddition k)the above termination provisions, ifthe funds upon which the City relied toestablish 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 obreach ofthe contract, and if the parties hereto cannot mutually settle such differences, then the parties
shall first pursue mediation as a means to muo|mu 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 oontrao, or when the contract is
terminated by the City for cause asherein provided, the City reserves the right tore -award the contract to the next most responsible
Proposer within 12Odays from original award. '
18. Force M'eume
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 orany such delays (acts or God, etc.) the date ofdelivery will be extended for period equal tuthe time
lost due tothe reason for delay.
19. Governing Law
This Contract shall begoverned by and construed inaccordance with the laws of the State of Washington.
12337 Miscellaneous chemicals VVvvrp Page 25of31
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 vvriting 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:
Mike Price
Wastewater/Stormwater Division Manager
City of Yakima
2220 East Viola
Yakima WA, 98901
COPY TO:
Christina Payer
Buyer 2
City of Yakima
129 North 2nd Street
Yakima, WA 98901
TO CONTRACTOR:
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
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
EXHIBIT A SPECIFICATIONS
EXHIBIT B CONTRACTOR'S BID FORM
12337 Miscellaneous Chemicals - WWTP Page 28 of 31
INSURANCE AGENT ISSUING CERTIFICATE
INSURED
Entity Insured Address
X. SAMPLE CERTIFICATE OF INSURANCE/ADDITIONAL INSURED ENDORSEMENT
ACORE,
CERTIFICATE OF LIABILITY INSURANCE
DATE
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: ff the certificate1t* hlder is an ADDITIONAL INSURED, the policylies) must h3ve 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 confenlghts to the certificate holder in lieu of such endorsement's),
G°NT,.4 ,Tr INSURANCE AGENT INFORMATION
[
PAP
ORE
D
PIPLIFIGI0E) VE040E
A -VIM OR B I i.3.ADM1 I tz0 CARRIER
INIVP4EFI, EV
INSURER F
CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVF. BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED_ NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT ViITH 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.
OP INSLRANCE
XO8U&CIALGENUFAL uaisiurr
0-A043-MADE I, Xi OCCUR
GEHL AGGREGATE LARY APPLIES PER
1
POLICY X MC;
x• i
Avr Aino
OWN fll SOYEIOLLED
AUTCG ONLY J AUTOS
HIRED ; Heti-OWNED
AUTOS ONLY AUTOS ONLY
UltERELIA LEAH
LOC
ESCERS LIPS
jSET
ITY
AND EMPLOFERS• rem, nry
ARYPPePRGTOGIPAFTIVERCLITNE
'ORACERSUGSEGSPOILUDOIn
1,48ewSzkor8480
F8e, dcerlbe under
iFtletV OF OPEPIATIoNE, bet
Y
Li
POLICY NUMBER4
POLICY NUMBER
POLICY NUMBER
POLICY NUMBER
STOP GAP.' EL ONLY
VHP
HOLDER CANCELLATION
City ofYakima
Purchasing Department
121? N 2nd St
Yakima, WA 085201
ACORD 25 (2016/03)
12337 Miscellaneous Chemicals - WWTP
DATE
EACH. OCELIPRENEE
PrPV.PSP.5 ttYLPtv,,t,
AIM EXP Atar 0 One DerperT
FERSIAL d AY. INArRY
GENERAL. AGGREGATE
PROCLICTS - 004AROP AGG
EDGILY INAIRY (Per permon',
6004LY !MAY iPer xCricti
PrR.C.PERTO coxwle
actrateri
1cm
'M:7 lgrp,
ACC:Ca,—
DATE OCSEASE - SAO/L=10
EL. DSEASE - POLJOY 42.41*
LIMITS
▪ 2,000.000
w rococo
spoo
'Lompoc
$ 2,000.000
z
2,000.000
2.000,000
1.000.000
1.008,000
1,000.000
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE wmf THE POLICY PROVISIONS_
AUTHORS= REPRESENTATIVE
SIGNATURE
@19811-2G15 ACORD CORPORATION. All rights reserved_
The ACORD name and logo are registered marks of ACORD
Page 29 of 31
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 modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organizationts):
The City of Yakima, Its agents, employees, authorized
volunteers, effected and appointed officiate are included
as PrImaryiNoniContributory additional Insured.
Inform ion rqted to cornpiee,th
Location(s) Of Covered Operations
dale'ffncitshcrom above, will beshown irs the Declarations,
A. Section II — Who Is An Insured is -
include as an additional insuretthe pel4orqs) or
organization(s) shown In the Bc*tutobut only
with respect to !lability for "bodityiriju, "proerty
damage or "personal and advertisiflg. ihjuty"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s) desig-
nated above_
CG 2010 07 04
B. With respect to the insurance afforded to these
additional insureds, the following additional exclu-
sions apply:
This insurance does not apply to 'bodily Injury' or
"property damage occurring after:
I. Al work, including materials. parts or equip-
ment furnished In connection with such work,
on the project (other than service, maintenance
or repairs) to be performed by or on behalf of
the additional insured(s) at the location of the
covered operations has been completed; or
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 siihnnntrnrint
gaged in performing operations for a principal
as a pert of the same project
ISO Properties, Inc., 2004 Page 1 of 1 13
12337 Miscellaneous Chemicals - WWTP Page 30 of 31
POLICY NUMBERCGD3000
07
COMMERCIAL GENERAL LIABILITY
CG 24 04 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ FT CAREFULLY.
WAIVER OF T NSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITYCOVERAGE PART
Fl FCTRONIC DATA LIABILITY COVERAGE PART
LIQUOR L :1LITY COVERAGE PART
POLLUTION L ILITY COV GE PART DESIGNATED SITES
POLLUTION L LITY LIMITED COV GE PART DESIGNATED SITES
PRODUCTSJCOMPLETED OP TIONS L JUT( COVERAGE PART
RAILROAD P" *TECTIVE L :ILITY 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).
Information required to complete this Schedule, if not shown above, igell be shown n the Declarations.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against 1 ers To Us of
Section IV— Conditions:
We waive any right of ry 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 organ... (s) prior to loss. This
endorsement applies only to the person(s) or
organization(s) shown in the Schedule above.
CG 24 04 12 19
@Insurance Services Office, Inc., 2018 Page 1 of 1
12337 Miscellaneous Chemicals - WWTP Page 31 of 31
129 North 2nd Street 0 Yakima, Washington 0 98901
° (509)575-6093
August 25,2023
Subject: Bid l2337Miscellaneous Chemicals
Addendum No. 1 Amendment toBid Specifications &Clarifications
1. Amendment toBid
A. Inside Delivery— Cover Sheet, page 3
Delivery Details: FOB Destination, Freight Prepaid, 1Rsjd&-Qe1ivery-�u,4,ed
inside delivery is not required.
2. Clarification to Bid Specifications
A. Lift gate ondelivery truck/s\isrequired.
Please acknowledge receipt of this addendum on the Cover Sheet, page two (2), of the Bid document.
|fyou have any questions please contact nneat(SOS)S76'869G-
Sincerely,
'
Christina Payer, CPPB
Buyer 11 - City of Yakima Purchasing
CC: Mike Price, Wastewater Manager
File
on(soy)575'soya m(5oe)s7o-6oeo p(soy)s7a-63y4 sd`ristina.paven@vNmawa.gnv vxmwwvaNmowa
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 2:00:0o PM PST on August 31, 2023 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,
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
EXHIBIT B CONTRACTOR'S BID FORM
12337 Agreement
Page 9 of 9
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:
City of Yakima Waste Water Treatment Plant
2220 East Viola
Yakima, WA 98901
Buyer in charge of this procurement (Contact for further information):
Christina Payer, CPPB
Buyer II
Bids Must be completely uploaded by:
August 31, 2023 at 2:00:0o PM PST
Public Opening
Phone
E-Mail Address
(509) 576-6696 christina.pavergyakimawa.gov
PROJECT DESCRIPTION SUMMARY
Miscellaneous Chemicals for Waste Water Treatment Plant
Enter Prompt Payment Discount: 0 °A) net_O days
We/I will complete delivery within _3-5 days after receipt of
order.
Delivery Details: FOB Destination, Freight Prepaid, Inside Delivery required
121 I hereby acknowledge receiving addendum(a) 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 speccatiors requred by the City of Yakima in this Invitation to Bid and all terms of our Bid.
Company Name
Two Rivers Terminal, LLC
Name of Authorized Company Representative (Type or Print)
M. Efrain Alvarez
Company Address
3300C N Glade Rd. Pasco, WA 99301
Title
Territory Sales Manager
Phone (509) 760-8426
Fax (509) 542-9568
Signature of Above
12337 Miscellenous Chemicals - WWTP
Date
Email Address
Efraina@tworiversterminal.com
Page 2 of 31
Y-Yes. The Bidder's proposed product currently satisfies the entire requirement
and the proposed system will completely oupporttherequirement.
N-Nm' The Bidder's product does not currently satisfy the entire requirement,
and the Bidder's delivered product will not satisfy the requirement.
E-Explmnmtimm' The Bidder's product partially satisfies the requirement and an
explanation ioincluded inthe response.
M.R.-Modification Required. The Bidder's product does not currently satisfy the requirement, but the
Bidder commits that the delivered 6one product will satisfy the
requirement at no additional cost and shall be supported in future
releases ofthe Bidder's base products.
cification
� Technical AnalysisThefoUuwing '^ Technical Specifications Analysis shall beanswered with aYofN. Checking "NU"onany item will
not necessarily disallow a Bid. The City shall be the sole judge as to whether an exception /s 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 DC} SO WILL BE CAUSE FOR REJECTION OF SAID BID
SUBMITTAL.
Specification
Yes
No
Comments
------er ---Ch --iorid ---e Solution: - NO BID
Meets the following s:
symbol:Chemical
`.
Percent dry "
' `/ ' ^^~
Maximum percent ferrous chloride (FeC12)
`^
0.75% � `
Free Acid asHCL1.8%maximum
Insoluble 80ppm maximum
Percent total iron: '12.7 to,14.8
Typical specific gravity: 1.40
Typical Weight perrgeUon: 11.6�8' `
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 ofthis contract.
The ferric chloride solution supplied must not
contain any impurities that cause abnormally
rapid decomposition of the City's storage
1zss7Miscellaneous chemicab'vvvvTr
NO BID
NO BID '
Page 14nf31
Item
Specification
Yes
75% Phosphoric Acid: Y
Chemical symbol: H3PO4
Percent dry chemical by weight: 74 — 75.5%
(54.6% as phosphorous pentoxide P2Os).
The phosphoric acid liquid: solution must not Y
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 Y
not contain any impurities that cause
abnormally rapid decomposition of the
City's storage vessels.
Urea — Fertilizer Grade: Y
Chemical symbol: CH4N2O
Pellets or grill minimum 46% Nitrogen
Biuret 1% maximum
Moisture 1% maximum
The urea shall not contain any impurity in Y
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 Y
impurities that .cause. abnormally = rapid
decomposition of the City'sstorage vessels.
No
Comments
12337 Miscellaneous Chemicals - WWTP Page 15 of 31
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:
ITEM
NO.
QTY.
40,000
40,000
Pounds
Pounds
III 36,000 Pounds
DESCRIPTION
37 — 43% Ferric Chloride Solution:
Delivered in returnable 3,300 (minimal) pound totes,
at
or tanker delivery to customer -owned tote
customer facility in 3,500 pound quantity.
Specify Size:
75% Phosphoric Acid — Fertilizer Grade:
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: _3306.9Ibs (1500kg)
Urea — Fertilizer Grade:
In uncoated prill or 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.
Unit Price
NO BID
$_0.79_
Total Price
$_0.41_
Subtotal:
Tax 8.3%:
Washington State Destination Based
�$
Total:
Freight FOB Destination:
A ' • `I '
NOT SPECIFICALLY LISTED:
$ 14,760_
$ 46,360.00
$ 3,847.88
$ 50,207.88
INCLUDED
12337 Miscellaneous Chemicals - WWTP
Page 16 of 31
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: Steve Peot
Marcos Efrain Alvarez
Two Rivers Terminal, LLC
Business
License No. 001 UBI No. 602341599
Federal
EIN No.
Phone ( 509) 547-7776 Toll Free Phone ( )
FAX ( 509 ) 542-9568
Mailing Address P.O. Box 2327
30-0208346
E-Mail Address Efraina@tworiversterrninal.com
City Pasco, WA
Physical Address 3300C N GLADE RD
City PASCO
State WA Zip + 4 99302
State WA Zip + 4 99301
Name the person to contact for questions concerning this Bid Proposal:
Name M. Efrain Alvarez
Phone (509 ) 760-8426
FAX ( 509 ) 542-9568
Mailing Address
City Pasco
Physical Address 3300C N GLADE RD
City Pasco
P.O. Box 2327
Title Territory Sales Manager
Toll Free Phone ( )
E-Mail Address Efraina@tworiversterminal.com
State WA
Zip + 4 99302
12337 Miscellaneous Chemicals - WWTP
State WA Zip + 4 99301
Page 17 of 31
SAFETY QUESTIONNAIRE
BIDDER QUESTIONNAIRE
1 Is Ferric Chloride Solution, Phosphoric Acid, or Urea shipped on radio -equipped trucks?
Yes X No 0
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
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
Professional Products
0-55-0
75% Phosphoric Acid, Ultra Pure
Guaranteed Analysis
Available Phosphate (P205) 55.00 %
Derived from: Phosphoric Acid
Specific Gravity: 1.5901 at 68° F Density: 13.27 Ibs/gallon at 68° F
HAZARD PICTOGRAMS (GHS-US)
DANGER
HAZARD STATEMENTS (GHS-US)
Causes severe skin burns
Causes eye damage
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 MI 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
(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,
hazardous or special waste collection point, in accordance with focal, regional, national
and/or international regulation.
CAS NUMBER: 7664-38-2
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 conlorrns to the chemical desert oti ttc label thcrcof and is reasonaibty itt fbr the
purposes stated on such label only when used in accordance with the directions under normstt use. It is impossible to cltm'isiare all risks
inherently associated with the use of plus product. Plant dnpuay, 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 arc 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
HAZARD PICTOGRAMS (GHS-US)
Warning
HAZARD STATEMENTS (GHS-US)
Causes eye irritation
Professional Products
Guaranteed Analysis
Total Nitrogen (N) 46.00 %
46.00 % Urea Nitrogen
Derived from: Urea
Biuret (Max): 0.60%
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
collection point.
CAS NUMBER: 57-13-6
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 oftrade, 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.orglmetals.htm
NET CONTENTS
50 LBS (22.68 KG)
Two RIVERS
TERMINAL, LLC
Distributed By: Two Rivers Terminal, LLC
PO Box 2327
Pasco, WA 99302
Ph: (509) 547-7776
1
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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