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HomeMy WebLinkAboutR-2024-183 Resolution authorizing award of Bid 12421 and execution of an agreement with Solenis LLC, to purchase Cationic Polymer Flocculant RESOLUTION NO. R-2024-183 A RESOLUTION authorizing award of BID 12421 and execution of an agreement with Solenis LLC, to purchase Cationic Polymer Flocculant. WHEREAS, the City posted and published notice on May 28 and 30, 2024 in the Yakima Herald Republic, on the city's webpage and nationally on the Public Purchase.com that BID No. 12421 was available for competitive bid; and WHEREAS, Bids were due June 20, 2024 at 2:00 PM; bids that were timely received were publicly opened in City Council Chambers in Yakima, Washington; and WHEREAS, the following Bids were received, as evidenced by the attached Bid Tabulation Form; and WHEREAS, the bid from Nalco was determined to be non-responsive due to their response missing the required forms; • Signature Page • Technical Specifications Analysis Form • Bid Form • Bidder Questionnaire WHEREAS, all responsive Bidders were given the opportunity to run and test their product during a centrifuge trial at the Wastewater Treatment Plant; and WHEREAS, after the centrifuge testing was completed, the Wastewater Division made their Recommendation of Award; and WHEREAS, Solenis LLC, used the least amount of cationic polymer flocculant compared to all other products tested and therefore is the lowest responsive Bid received; the Wastewater Division recommends the Contract Award be issued to Solenis LLC, and that the City Manager execute the Contract; and WHEREAS, the Scope of Work and available budget meet the needs and requirements of the City of Yakima for this procurement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Bid is hereby awarded and the City Manager is hereby authorized to execute the Contract with Solenis LLC, attached hereto and incorporated herein by this reference, in the amount of$2.15 per pound for the procurement of Cationic Polymer Flocculant. ADOPTED BY THE CITY COUNCIL this 15th day of October, 2024. i"!F Patricia Byer , Mayor ATTEST: SEAL • 4 x ' osalinda Ibarra, City Clerk SFiiNG* ° AGREEMENT CITY OF YAKIMA Bid 12421 Cationic Polymer Flocculent THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation ("City"), and Solenis LLC, ("Contractor"). WITNESSETH:The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows: 1. Statement of Work The Contractor shall perform all work and service(s) and furnish all tools, materials, labor and equipment (collectively referred to as "Services") according to the procedure outlined in Bid 12421 Cationic Polymer Flocculant Specifications which are attached as Exhibit A, and the most recent edition of the ANSI/ASTM and AWWA Standards, all of which are incorporated herein by this reference, and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. Orders shall be received within 10 days after receipt of order. The Contractor 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 and completing the work provided for in this Contract and every part thereof, except such as are mentioned in the specifications to be furnished by the City of Yakima. 2. Compensation The City agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated herein, which Exhibit includes the deliverables and payment schedule of itemized prices as listed in the Contractor's Bid submittal at the time and in the manner and upon the conditions provided for the Contract. 3. Contract Term The period of this Contract shall be for a period of one(1) year from its effective date. The City may, at its option, extend the Contract on a year-to-year basis for up to three (3) additional years. Contract extensions shall be automatic, and shall go into effect without written confirmation, unless the City provides advance notice of the intention to not renew or unless the Services have been completed to the City's satisfaction prior to any automatic renewal. 4. Agency Relationship between City and Contractor Contractor shall, at all times, be an independent Contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is,or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for,or on, behalf of City. 5. Successors and Assigns a. Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties, or interests accruing from this Contract without the prior written consent of the other. b. The Contractor for itself, and for its heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. 6. Property Rights All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be surrendered to the City upon demand. All information concerning the City and said project which is not otherwise a matter of public record or required by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at any time disclose that information without the express written consent of the City. 12421 Cationic Polymer Flocculant-WWTP Page 1 of 13 7. 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 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, or for the required perioud outlined by the Washington Secretary of State's record retention period if longer,the records shall be retained unitl all litigation, claims or audit findings involving the reocrds 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. Work Made for Hire All work the Contractor performs under this Contract shall be considered work made for hire, and shall be the property of the City. The City shall own any and all data, documents, plans, copyrights, specifications, working papers, and any other materials the Contractor produces in connection with this Contract. On completion or termination of the Contract, the Contractor shall deliver these materials to the City. 9. 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. 10. 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. 12421 Cationic Polymer Flocculant-WWTP Page 2 of 13 b. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as required in Title 85 RCW. c. 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). d. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50 RCW. e. 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. 11. 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. Contractor agrees to comply with the applicable provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and regulations. 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. RCW 35.22.650: Contractor agrees that the Contractor shall actively solicit the employment of minority group members. Contractor further agrees that the Contractor shall actively solicit bids for the subcontracting of goods or services from qualified minority businesses. Contractor shall furnish evidence of the Contractor's compliance with these requirements of minority employment and solicitation. Contractor further agrees to consider the grant of subcontracts to said minority bidders on the basis of substantially equal proposals in the light most favorable to said minority businesses. The Contractor shall be required to submit evidence of compliance with this section as part of the bid. Nothing in this Agreement shall require Contractor or any of its subcontractor(s)to take action that would be deemed discrimination or preferential treatment in violation of RCW 49.60.400. Pursuant to RCW 49.60.400(6),this Section does not prohibit action that must be taken to establish or maintain the City's eligibility for any federal program, if ineligibility would result in a loss of federal funds to the City. 12. 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. 12421 Cationic Polymer Flocculant-WWTP Page 3 of 13 13. 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. 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. 14. 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. If Contractor carries higher coverage limits than the limits stated below,such higher limits shall be shown on the Certificate of Insurance and Endorsements and the City shall be named as an additional insured for such higher limits. 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 to provide the City with proof of insurance and/or to maintain such insurance outlined herein shall be a material breach of this agreement and a basis for termination. 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. Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this Agreement, and 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. 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 12421 Cationic Polymer Flocculant-WWTP Page 4 of 13 ($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. Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this Contract. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and neither the City nor its insurance providers shall contribute to any settlements, defense costs, or other payments made by Contractor's insurance. If at any time during the life of the Contract, or any extension, Contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the Contract. All additional insured endorsements required by this Section shall include an explicit waiver of subrogation. 15. Severability If any term or condition of this Contract or the application thereof to any person(s)or circumstances is held invalid, such invalidity shall not affect other terms,conditions or applications which can be given effect without the invalid term,condition or application. To this end, the terms and conditions of this Contract are declared severable. 16. Contract Documents This Contract, the Invitation to Bid 12421 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 12421 Cationic Polymer Flocculant-WWTP Page 5 of 13 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. 17. Termination Termination for Cause In the event the Contractor breaches this Contract, the City may terminate the Contract at its sole discretion in such event that it provides the Contractor with written notice of Contractor's breach and the Contractor fails to cure its breach within 30 days of this notice. In the event of the City breaches this Contract, the Contractor may terminate the Contract at its sole discretion in such event that it provides the City with written notice of City's breach and the City fails to cure its breach of the Contract within 60 days of this notice. The following represents a non-exclusive, illustrative list of instances that shall be considered a breach by the Contractor: a. Defaults on an obligation under the Contract; b. Fails to perform any material obligation required under the Contract; c. Files a petition in bankruptcy, becomes insolvent,or otherwise takes action to dissolve as a legal entity; d. Allows any final judgment not to be satisfied or a lien not to be disputed after a legally-imposed, 30-day notice; e. Makes an assignment for the benefit of creditors; f. Fails to follow the sales and use tax certification requirements of the State of Washington; g. Incurs a delinquent Washington tax liability; h. Becomes a State or Federally debarred Contractor; i. Is excluded from federal procurement and non-procurement Contracts; j. Fails to maintain and keep in force all required insurance, permits and licenses as provided in the Contract; k. Fails to maintain the confidentiality of the City information that is considered to be Confidential Information, proprietary,or containing Personally Identifiable Information; I. Contractor performance threatens the health or safety of a City, County or municipal employee;or Termination for Convenience The City may terminate the Contract, without cause, by providing 30 days written notice of termination. In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the Contract. The Contractor shall also be compensated for partially completed services. In this event, compensation for such partially completed services shall be no more than the percentage of completion of the services requested, at the sole discretion of the City, multiplied by the corresponding payment for completion of such services as set forth in the Contract.Alternatively, at the sole discretion of the City,the Contractor may be compensated for the actual service hours provided.The City shall be entitled to a refund for goods or services paid for but not received or implemented, such refund to be paid within 30 days of written notice to the Contractor requesting the refund. Change in Funding In addition to the above termination provisions, if the funds upon which the City relied to establish this Contract are withdrawn, reduced, or limited, or if additional or modified conditions are placed on such funding, the City may terminate this Contract by providing at least five business days written notice to the Contractor. The termination shall be effective on the date specified in the notice of termination. 18. 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. 12421 Cationic Polymer Flocculant-WWTP Page 6 of 13 19. 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. 20. 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. 21. Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 22. 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. 23. Authority The person executing this Contract,on behalf of Contractor, represents and warrants that they have 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. 24. 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. 25. Change or Notice Any alterations, including changes to the nature of the service, made to the Contract shall be rendered in writing and signed by both responsible parties; no changes without such signed documentation shall be valid. No alterations outside of the general scope and intent of the original Request for Proposals or in excess of allowable and accepted price changes shall be made. In no event shall the Contractor be paid or be entitled to payment for services that are not authorized herein or any properly executed amendment. Notice of Business Changes: Contractor shall notify the City in writing within three(3) business days of any change in ownership of the facilities of the Contractor or of the facilities of any subcontractor. The Contractor shall notify the City in writing as soon as possible, and in no event later than three(3) business days, after any decision by the Contractor to change or discontinue service that will affect services provided to the City under this Contract. The City shall have the right to renegotiate the terms and conditions of this Contract to the extent required to accommodate a change in governing law or policy that, in the sole discretion of the City, either substantially and unreasonably enlarges the Contractor's duties hereunder, or renders performance, enforcement or compliance with the totality of the Contract impossible, patently unreasonable, or unnecessary. Notices and demands under and related to this Contract shall be in writing and sent to the parties at their addresses as follows: TO CITY: COPY TO: TO CONTRACTOR: Raymond Scott Susan Knotts, Buyer I I Chelsea Vaughan-Burns WWTP Process Control Supervisor Purchasing, Buyer II Contracts,Business Specialist City of Yakima, City of Yakima Solenis LLC 2220 East Viola 129 North 2nd Street 2475 Pinnacle Drive Yakima WA, 98901 Yakima, WA 98901 Wilmington,DE 19803 12421 Cationic Polymer Flocculant-WWTP Page 7 of 13 26. Survival The foregoing sections of this Contract, 1-26 inclusive, shall survive the expiration or termination of this Contract in accordance with their terms. IN WITNESS WHEREOF,the parties hereto execute this Contract as of the day and year first above written. CITY OF Y MA SOLENIS LLC. By: 4/V �L ger Date: ` D l tip\ Date: August 22, 2024 ci c„,;,; nc.r vo a, Wendy S. Mueller RESc1LU?i0N NO — Attest: ?ypKlMq \‘‘‘i (Print name) L .: *s ► .�< __.. </ 0. _ SEA ; City erk i 1 -6*�,. 4SHING�O List of Exhibits attached to this contract Exhibit A—Specifications Exhibit B—Contractor's Bid Form 12421 Cationic Polymer Flocculant-WWTP Page 8 of 13 EXHIBIT A SPECIFICATIONS 12421 Cationic Polymer Flocculent Wastewater Treatment Plant Minus the following forms. Bid Form, page 17 Bidder Questionnaire, page 18 Sample Contract, Pages 19-28 Sample Certificate of Insurance, pages 29-31 12421 Cationic Polymer Flocculant-WWTP Page 9 of 13 City of Yakima NOTICE TO BIDDERS BID 12421 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 June 20, 2024. 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: Cationic Polymer Flocculant Instructions to register with PublicPurchase.com are available at www.yakimawa.gov/services/purchasing. The City of Yakima reserves the right to reject any & all BIDs. The City hereby notifies all Bidders that it will affirmatively ensure compliance with WA State Law Against Discrimination (RCW chapter 49.60) & the Americans with Disabilities Act (42 USC 12101 et set.) Dated May 28, 2024. Publish on May 28 & 30, 2024 Susan Knotts, NIGP-CPP, CPPB, CPPO 12421 Cationic Polymer Flocculant-WWTP Page 1 of 31 CITY OF YAKIMA INVITATION TO BID 12421 •,Newor SIGNATURE SHEET THIS IS NOT AN ORDER BID Release Date:May 28, 2024 Bid Receipt: Bidders must first register with PublicPurchase corn and Bid shall be completely uploaded into PublicPurchase.com no later than the date and time listed below. Register as early as possible and do not wait until the due date to upload your documents, as this may take some time Late Bids will not be accepted or evaluated. If you try to submit a Bid late, the electronic system will not receive it. Bid openings are public. Bids shall be firm for acceptance for ninety (90) days from date of Bid opening, unless otherwise noted. BIDS ARE ONLY RECEIVED THROUGH PUBLICPURCHASE.COM Purchasing For: Buyer in charge of this procurement(Contact for further information): City of Yakima Wastewater Treatment Plant Susan Knotts, NIGP-CPP, CPPB, CPPO 2220 East Viola Buyer II Yakima, WA 98901 Bids Must be completely uploaded by Q Public Opening Phone E-Mail Address June 20, 2024 at 2:00:0o PM PST (509) 575-6095 Susan.KnottsYakimaWA.Gov PROJECT DESCRIPTION SUMMARY Cationic Polymer Flocculant for Wastewater Treatment Plant Enter Prompt Payment Discount: % net days We/I will complete delivery within days after receipt of order. MAXIMUM DELIVERY IS 10 BUSINESS DAYS ARO. Delivery Details: FOB Destination, Freight Prepaid, Inside Delivery required ❑ I hereby acknowledge receiving addendum(a) , , (use as many spaces as addenda received) In signing this Bid we also certify that we have not,either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition;that no attempt has been made to induce any other person or firm to submit or not to submit a Bid;that this Bid has been independently arrived at without collusion with any other Bidder,competitor or potential competitor;that this Bid has not been knowingly disclosed prior to the opening of Bids to any other Bidder or competitor;that the above statement is accurate under penalty of perjury. Furthermore, the Washington State Interlocal Cooperative Act (RCW 39.34) provides that other governmental agencies may purchase goods or services on this solicitation or contract in accordance with the terms and prices indicated therein if all parties agree. The City does not accept any responsibility or involvement in the purchase orders or contracts issued by other public agencies. We will comply with all terms,conditions and specifications required by the City of Yakima in this Invitation to Bid and all terms of our Bid. Company Name Company Address Name of Authorized Company Representative(Type or Print) Title Phone ( Fax ( ) Signature of Above Date Email Address 12421 Cationic Polymer Flocculant-WWTP Page 2 of 31 Contents I. Contents 3 II. GENERAL INFORMATION 5 1. Purpose 5 2. Contracting Agency and Point of Contact 5 3. Samples and Centrifuge Trials 5 4. New and Unused 5 5. Best Modern Practices 5 6. Equal/Approved Equal 5 7. Exceptions 5 8. More or Less.. 6 9. Delivery/Completion 6 10. Delivery Acceptance 6 11. Delivery of Unapproved Substitutions 6 12. Contract Term 6 13. Pricing and Discount 6 14. Price Clarifications 7 15. Price Increases 7 16. Price Decreases.... 8 17. Expansion Clause 8 18. Warranty 8 19. Warranty Coverage 8 20. Permits 8 21. Regulations and Codes 8 22. Prompt Payment 9 23. Payments 9 24. Payment Method-Credit Card Acceptance 9 25. Acceptance of Terms 9 26. Sample Contract and Terms and Conditions 9 27. Sales Tax 9 28. Tax Revenues 9 29. Clarifications and/or Revisions to Specification and Requirements 9 30. Incurring Costs 10 31. No Obligation to Contract 10 32. Retention of Rights 10 33. Points Not Addressed 10 34. Other City Departments/Like Items Added 10 35. Materials Bought from Different Supplier 10 36. Re-Award ..11 12421 Cationic Polymer Flocculant-WWTP Page 3 of 31 37. Errors and Omissions 11 38. Changes... 11 III. BID PREPARATION AND SUBMISSION 11 1. General Instructions 11 2. Submitting a Bid 11 3. Prohibition of Bidder Terms&Conditions 11 4. Multiple Bids 12 5. Withdrawal of Bids 12 IV. BIDDERS CHECKLIST 12 V. EVALUATION AND CONTRACT AWARD 12 1. Bid Evaluation 12 2. Offer in Effect for Ninety (90) Days 12 3. Protest Procedure 12 VI. TECHNICAL SPECIFICATIONS 13 1. Technical Specification Analysis 13 2. Centrifuge Trials 15 B. Polymer Evaluation Formulas 16 Performance Standards 16 VII. BID FORM.. 17 VIII. BIDDER QUESTIONNAIRE MUST BE SUBMITTED&UPLOADED WITH BID 18 VIII. SAMPLE CONTRACT 19 12421 Cationic Polymer Flocculant-WWTP Page 4 of 31 II, GENERAL INFORMATION 1. Purpose It is the intent and purpose of these specifications to describe Cationic Polymer Flocculant, for use in the City's sludge dewatering process, in sufficient detail to secure bids on comparable material(s), product(s), process(s) and delivery. All parts and material, which are necessary in order to provide a complete Cationic Polymer Flocculant products and materials, ready for operation, shall be included in the bid and shall conform in strength, quality 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. Samples and Centrifuge Trials Centrifuge trials will be conducted using Yakima's Alfa Laval Centrifuge Model 706 G2. Vendors participating in the trials will provide 100-110 pounds of their cationic polymer flocculant for testing and quality of performance during a typical centrifuge operation. All polymer used in the trials will be provided by the Vendor at their expense and must be provided in 50-or 55-pound bags. 4. New and Unused All units, equipment, parts and material shall be new, unused, manufacturer's current model year and in current production. All materials shall have physical and chemical properties to withstand the intended purpose. 5. Best Modern Practices All work, including design, shall be performed and completed in accordance with the best modern practices, further, no detail necessary for safe and regular operation shall be omitted, although specific mention thereof may not be made in these specifications. 6. Equal/Approved Equal These specifications are intended to be precise where a specific make, model or trade name is requested. Whenever a make, model or trade name is used, it shall be that or equal, or approved equal. Equal or approved equal means that the make, model or trade name will be given consideration if they fulfill the same performance requirements. The City reserves the right to make the decision on acceptability. Each bidder shall clearly identify make, model or trade name of product bid on the Bid Form. Any items proposed as an equal to that herein specified must be substantiated with supporting data to justify such request for substitution. 7. Exceptions Specifications of the products 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 12421 Cationic Polymer Flocculant-WWTP Page 5 of 31 may tend to devalue the equipment or give an individual bidder who is offering a lesser item a distinct advantage. 8. 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. 9. Delivery/Completion The maximum number of days allowed for delivery is 10 business days after receipt of order. Each bidder is required to list on the Bid Form the number of calendar days they expect delivery to be made at the destination, in terms of time interval, following placement of order. Time of delivery is important and will be considered in the evaluation of the Bids. Failure to include a specific number of calendar days may be sufficient grounds for resection of Bid. Orders will normally be placed for six (6) - 700 KG tay bags per delivery. Each 700 KG tay bag will be shipped on an individual, non-returnable pallet. The shipper must provide a means of moving pallets to the end of the truck where they can be removed by forklift. The Vendor is responsible for hiring a qualified shipper and responsible for product damage caused by the shipper. 10. Delivery Acceptance Delivery will be accepted by the City of Yakima FOB Wastewater Treatment Plant, 2220 East Viola, Yakima, WA 98901, between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, ready for regular and safe operation. 11. 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. 12. Contract Term See Section 3 of Contract. 13. 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 delivery of products 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. 12421 Cationic Polymer Flocculant-WWTP Page 6 of 31 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. 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: • 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). • Incurred after contract commencement date. • Not produce a higher profit margin than that on the original contract. • Clearly identify the items impacted by the increase. • Be filed with the Buyer list on page 2, a minimum of thirty (30) calendar days before the effective date of proposed increase. • Be accompanied by detailed documentation acceptable to the Purchasing Manager sufficient to warrant the increase. • Should not deviate from the original contract pricing scheme/methodology. 12421 Cationic Polymer Flocculant-WWTP Page 7 of 31 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 18, Termination. 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. 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. 12421 Cationic Polymer Flocculant-WWTP Page 8 of 31 22. 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 23. Payments Vendor shall submit properly completed invoice(s)to: City of Yakima, Accounts Payable, 129 N. 2nd Street, Yakima, WA 98901. To ensure 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. 24. 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. 25.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. 26. Sample Contract and Terms and Conditions The Sample Contract provided with this Bid Specification represents the terms and conditions which the City 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 City 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 City. 27. 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. 28. 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. 29. 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 12421 Cationic Polymer Flocculant-WWTP Page 9 of 31 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. 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/Purchasinq 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. 30. 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. 31. 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".) 32. 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. 33. 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. 34. 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. 35. 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 12421 Cationic Polymer Flocculant-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. 36. 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. 37. 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. 38. 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. BID PREPARATION AND SUBMISSION 1. General Instructions Failure to conform to the Bid specifications and respond to each of the submittal requirements may be the basis for rejection of a bid. Refer to Section IV. Bidder's Checklist to ensure your Bid is responsive. 2. Submitting a Bid Bids shall be completely uploaded into Public Purchase.com no later than the date and time listed on Page 2 of this Bid. Late Bids will not be accepted or evaluated. If you try to submit a Bid Late, the electronic system will not receive it. If City Hall is closed for business at the time scheduled for opening, for whatever reasons, Bidder's response will be opened on the next business day of the City, at the originally scheduled hour. Bidders must submit their bid electronically through PublicPurchase.com where they will be kept in an electronic lockbox until date and time of opening. To register as a Vendor/Bidder with Public Purchase, go to www.publicpurchase.com or the City of Yakima website at www.YakimaWA.Gov/Services/Purchasinq. 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. 12421 Cationic Polymer Flocculant-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 • Cover Sheet/Signature Page Page 2 • Technical Specification Analysis Pages 14-15 • Bid Form Page 17 • Bidder Questionnaire Page 18 After Bid opening and before Notice of Award, awarding contractor will need to provide; • Signed Contract—sample on Pages 19-26 • Certificate of Insurance with Pages 29-31 Additional Insured Endorsements and Waiver of Subrogation V. EVALUATION AND CONTRACT AWARD 1. Bid Evaluation All Bids shall be evaluated against the same standards. The Bids will first be reviewed to determine if they contain the required forms, follow the submittal instructions, and meet all mandatory requirements. The evaluation and selection of a Bidder will be based on the information submitted in their Bid response and the results of centrifuge trials with award being made to the most responsible Bidder with the lowest responsive Bid meeting all the minimum qualifications and a successful centrifuge trial. Evaluation of Bids and determination of Bidder responsibility shall be based on past experience with Bidder, proposed manufacturer's service availability, product availability, product design and functionalism, effect on productivity, Bidder's supporting documentation and results of the centrifuge trials. 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 Division at 129 No. 2nd St., Yakima, WA 98901, or by fax: 509-576-6394 or email to: Purch(a.YakimaWA.Gov. The protest shall clearly state the specific factual and legal ground(s) for the protest, and a description of the relief 12421 Cationic Polymer Flocculant-WWTP Page 12 of 31 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: 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 Ill. 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. VI. TECHNICAL SPECIFICATIONS 1. Technical Specification Analysis The Bidder must provide a detailed description of each major component of their proposed system and product. 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. Failure to respond to each of the requirements in the Bid may be the basis for rejecting a Bid. 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. Y—Yes The Bidder's proposed product currently satisfies the entire requirement and the proposed system will completely support the requirement. 12421 Cationic Polymer Flocculant-WWTP Page 13 of 31 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. The following Technical Specifications Analysis shall be answered with a "Y" or "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. A complete response to each item is required. Attach any information necessary to explain or clarify your Bid. Bids failing to include specific responses may be rejected. Cationic Polymer Flocculent Technical Specifications Analysis Form Yakima sludge is an anaerobically digested mixture of primary and waste activated sludges. Digester feed is approximately 55% primary sludge and 45% waste activated on a dry weight basis. The sludge feed to the centrifuge is currently averaging about 1.5% solids but may vary from 1.4-1.8%. The quantity of polymer purchased will be sufficient to dewater approximately 1600 dry tons of sludge per year. Item Specification Yes No Comments Polymer flocculant vendor must be either a manufacturer of the product or a company that has been authorized by the manufacturer to sell the product for its intended use. ❑ ❑ Are you a manufacturer or authorized by the manufacturer to sell the product? Polymer flocculant will be suitable for use in horizontal, continuous feed, scroll type, Alfa Laval Centrifuge Model ❑ El 706 G2. Polymer will be suitable for injection at the entrance to the centrifuge or at the sludge feed pump. Polymer flocculant shall be a high to medium charge cationic in powder form. Polymer flocculant shall be suitable for blending in a El El DP2000 dry polymer dispersing and blending system. Polymer flocculant will be suitable for dewatering anaerobically digested sludge consisting of approximately ❑ El 55% primary sludge and 45% biological sludge on a dry weight basis. 12421 Cationic Polymer Flocculant-WWTP Page 14 of 31 Polymer flocculant will be capable of dewatering anaerobically digested sludge to 20% solids at a solids El ❑ feed rate of at least 200 gpm (1400 pounds per hour) with 95% solids recovery. Polymer flocculant shall have a cure time of no more than El El one (1) hour. Polymer flocculant shall be furnished in 700 KG (1,600 lb.) El El tay bag or 25 KG (55 lb.) bags as specified by the buyer. Polymer flocculant shall have a shelf life of no less than one year in the unopened bag. Vendor must be available for technical support five days a ❑ ❑ week via telephone and be able to provide on-site support within two days of a request for such support. The vendor's technical support personnel must be ❑ ❑ knowledgeable in the use of the vendor's product and in the use of centrifuges to dewater wastewater sludge. 2. Centrifuge Trials The City of Yakima will not conduct a prequalification of Vendors. After bid opening the City will conduct centrifuge trials with Bidders who product is deemed suitable and meets all specifications. A. Centrifuge trials will be conducted using Yakima's Alfa Laval Centrifuge Model 706 G2 and consist of the Bidder providing 100-110 pounds of cationic polymer flocculant and observing its' performance during a typical centrifuge operation. All polymer used in the trials will be provided by the Bidder in 50 or 55 pound bags at their expense. Centrifuge trials must be scheduled by July 18, 2024. Contact Raymond Scott or Brady Linden at (509) 575-6077 to schedule centrifuge trial. Recommended polymer concentration is 0.5%. Sufficient product must be mixed to dewater sludge for four (4) hours at a 200 gpm feed rate. The product must be able to produce a 20% cake or better, at sludge feed rate of 200 gpm (approximately 1400 lbs./hour). Feed sludge flow will be determined by direct reading from metered feed flow to the centrifuge. Solids concentration of the centrate must be no more than 5% of the feed sludge concentration (95% efficiency). Products that do not meet the minimum performance standards do not qualify for award. The minimum performance standards mentioned above (95% removal, 200 gpm sludge feed rate and 20% cake) may be adjusted before the trials begin if sludge conditions and/or centrifuge operability dictate modification. City staff will mix all polymer in accordance with the Bidder's recommendations within the limitations of the system. Polymers will be aged in accordance with the Bidder's recommendations up to a maximum of one hour. Sufficient polymer must be supplied to the centrifuge by the existing polymer delivery system to effectively treat the 200 gpm sludge feed rate. Preceding the centrifuge trial, the Bidder will be allowed a two (2) hour optimization period to experiment with dilution water flow rates, polymer dosage and application points and centrifuge torque settings. The torque selection must be within the range of 20-27 inch pounds. The Bidder will advise the Operator as to the desired settings for these variables prior to the start of the trial. Once selected, these settings will remain fixed throughout the trial. The trial test period will be two (2) hours beginning immediately after the 2-hour optimization period. Sampling during the two-hour trial will be conducted at 30-minute intervals by City staff. Samples will be composited and tested by plant laboratory staff to determine sludge feed concentration, centrate solids concentration and cake solids. The results of these analyses will be used in the evaluation formulas to determine if the 12421 Cationic Polymer Flocculant-WWTP Page 15 of 31 minimum performance standards are met. Results will be considered proprietary to each Bidder until the bid process is complete. City staff is currently successful operating with the following parameters: sludge feed rates of 190- 240 gpm, polymer dilution water at 0 - 10 gpm, centrifuge torque setting at 20- 27 inch-pounds and polymer application at the centrifuge feed line in the basement of the solids handling building. Each Bidder will be allowed two (2) trials. The Bidder will be given the option of trialing the same product a second time or trying a second product. If a Bidder wants to qualify two products, separate Bids must be submitted for each product. City staff can disqualify a product any time during the trial period if it is clearly unable to achieve the minimum performance standards set for qualification. B. Polymer Evaluation Formulas Pounds of polymer used will be determined by the centrifuge operator from polymer tank readings at the beginning and end of the two (2) hour trial period. Bid evaluation will be based upon the price of polymer per dry ton of sludge produced. Pounds of polymer per dry ton of biosolids produced will be established according to the following formulas: • Dry tons of biosolids produced will be determined by Formula "A". • The price of polymer per dry ton of sludge produced will be determined by Formula "B". Formula A: (Feed conc. - centrate conc.) X Sludge flow X 8.34/2000 Where feed and centrate concentration are in mg/I and are determined by Yakima laboratory staff from the composite samples taken during the 2-hour trial period. Sludge flow will be in million gallons, and will be determined by the centrifuge operator based upon reading from the flow totalizer at the beginning and end of the 2-hour trial period. Dilution water and polymer flow quantities will be subtracted from the total flow to determine how much of the metered flow is liquid sludge. The operators will determine the flow, the lab has to determine the concentrations of both feed and centrate. Formula B: (Lbs. polymer/dry ton) X (bid price in $/lb.). The pounds of polymer per dry ton above is determined by the 2-hour trial period using Formula A and bid price is the vendor's quoted bid price. Performance Standards Dewatering efficiency must be 95% or better. This will be determined by Formula "C". • Cake solids must be 20% or better. • Above performance standards must be achieved at 200 GPM sludge feed rate. Formula C: (Feed conc. - centrate conc/feed conc.) X 100%. Feed and centrate concentrations are in mg/I. Throughout the life of the Contract, the City must obtain cost performance within ten percent (10%) of the performance standards established during the trials. If, during the life of the Contract, the product will not produce results within ten percent (10%) of the standards, the City reserves the right to terminate the Contract. Prior to this action, the Vendor will be offered the opportunity to assist City staff by making suggestions for improving product performance or by changing products. All remedial action taken by the Vendor will be subject to prior approval by City staff and will result in no additional cost to the City. 12421 Cationic Polymer Flocculant-WWTP Page 16 of 31 EXHIBIT B CONTRACTOR'S BID FORM Solenis LLC PRAESTOL 859 BS KF-NC 12421 Cationic Polymer Flocculant-WWTP Page 10 of 13 City of Yakima NOTICE TO BIDDERS BID 12421 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 June 20, 2024. 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: Cationic Polymer Flocculant Instructions to register with PublicPurchase.com are available at www.yakimawa.gov/services/purchasing. The City of Yakima reserves the right to reject any & all BIDs. The City hereby notifies all Bidders that it will affirmatively ensure compliance with WA State Law Against Discrimination (RCW chapter 49.60) & the Americans with Disabilities Act (42 USC 12101 et set.) Dated May 28, 2024. Publish on May 28 & 30, 2024 Susan Knotts, NIGP-CPP, CPPB, CPPO 12421 Cationic Polymer Flocculant-WWTP Page 1 of 31 CITY OF YAKIMA INVITATION TO BID 12421 5\; • NIMMIOr• •I SIGNATURE SHEET THIS IS NOT AN ORDER BID Release Date*May 28, 2024 Bid Receipt: Bidders must first register with PublicPurchase corn and Bid shall be completely uploaded Into PublicPurchase.com no later than the date and time listed below. Register as early as possible and do not wait until the due date to upload your documents, as this may take some time Late Bids will not be accepted or evaluated. If you try to submit a Bid late, the electronic system will not receive it. Bid openings are public. Bids shall be firm for acceptance for ninety (90) days from date of Bid opening, unless otherwise noted. BIDS ARE ONLY RECEIVED THROUGH PUBLICPURCHASE.COM Purchasing For: Buyer in charge of this procurement(Contact for further information): City of Yakima Wastewater Treatment Plant Susan Knotts, NIGP-CPP, CPPB, CPPO 2220 East Viola Buyer II Yakima, WA 98901 Bids Must be completely uploaded by: II Public Opening Phone E-Mail Address June 20, 2024 at 2:00:0o PM PST (509) 575-6095 Susan.KnottsYakimaWA.Gov PROJECT DESCRIPTION SUMMARY Cationic Polymer Flocculent for Wastewater Treatment Plant Enter Prompt Payment Discount: 0 % net 30 days We/I will complete delivery within 10 days after receipt of order. MAXIMUM DELIVERY IS 10 BUSINESS DAYS ARO Delivery Details: FOB Destination, Freight Prepaid, Inside Delivery required ❑ I hereby acknowledge receiving addendum(a) , (use as many spaces as addenda received) In signing this Bid we also certify that we have not,either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition;that no attempt has been made to induce any other person or firm to submit or not to submit a Bid;that this Bid has been independently arrived at without collusion with any other Bidder,competitor or potential competitor;that this Bid has not been knowingly disclosed prior to the opening of Bids to any other Bidder or competitor;that the above statement is accurate under penalty of perjury. Furthermore, the Washington State Interlocal Cooperative Act (RCW 39.34) provides that other governmental agencies may purchase goods or services on this solicitation or contract in accordance with the terms and prices indicated therein if all parties agree. The City does not accept any responsibility or involvement in the purchase orders or contracts issued by other public agencies. We will comply with all terms,conditions and specifications required by the City of Yakima in this Invitation to Bid and all terms of our Bid. Company Name Company Address Solenis LLC 2475 Pinnacle Drive Wilmingon, DE 19803 Name of Authorized Company Representative(Type or Print) Title Phone ( 302 )502_0802 Wendy S. Mueller Regional Pricing Director Fax (N/A ) Signature of Above Date Email Address June 17, 2024 bidders@solenis.com 12421 Cationic Polymer Flocculant-WWTP Page 2 of 31 Contents I. Contents 3 II. GENERAL INFORMATION 5 1. Purpose . 5 2. Contracting Agency and Point of Contact •5 3. Samples and Centrifuge Trials 5 4. New and Unused 5 5. Best Modern Practices 5 6. Equal/Approved Equal 5 7. Exceptions 5 8. More or Less 6 9. Delivery/Completion 6 10. Delivery Acceptance 6 11. Delivery of Unapproved Substitutions. 6 12. Contract Term 6 13. Pricing and Discount •6 14. Price Clarifications 7 15. Price Increases 7 16. Price Decreases 8 17. Expansion Clause 8 18. Warranty 8 19. Warranty Coverage 8 20. Permits 8 21. Regulations and Codes 8 22. Prompt Payment 9 23. Payments 9 24. Payment Method-Credit Card Acceptance 9 25. Acceptance of Terms 9 26. Sample Contract and Terms and Conditions 9 27. Sales Tax. 9 28. Tax Revenues 9 29. Clarifications and/or Revisions to Specification and Requirements 9 30. Incurring Costs 10 31. No Obligation to Contract 10 32. Retention of Rights 10 33. Points Not Addressed 10 34. Other City Departments/Like Items Added 10 35. Materials Bought from Different Supplier 10 36. Re-Award 11 12421 Cationic Polymer Flocculant-WWTP Page 3 of 31 37. Errors and Omissions 11 38. Changes 11 III. BID PREPARATION AND SUBMISSION 11 1. General Instructions 11 2. Submitting a Bid 11 3. Prohibition of Bidder Terms&Conditions 11 4. Multiple Bids 12 5. Withdrawal of Bids ....12 IV. BIDDERS CHECKLIST 12 V. EVALUATION AND CONTRACT AWARD 12 1. Bid Evaluation 12 2. Offer in Effect for Ninety (90) Days 12 3. Protest Procedure 12 VI. TECHNICAL SPECIFICATIONS 13 1. Technical Specification Analysis 13 2. Centrifuge Trials 15 B. Polymer Evaluation Formulas 16 Performance Standards 16 VII. BID FORM 17 VIII. BIDDER QUESTIONNAIRE MUST BE SUBMITTED&UPLOADED WITH BID 18 VIII. SAMPLE CONTRACT 19 12421 Cationic Polymer Flocculant-WWTP Page 4 of 31 II. GENERAL INFORMATION 1. Purpose It is the intent and purpose of these specifications to describe Cationic Polymer Flocculant, for use in the City's sludge dewatering process, in sufficient detail to secure bids on comparable material(s), product(s), process(s) and delivery. All parts and material, which are necessary in order to provide a complete Cationic Polymer Flocculant products and materials, ready for operation, shall be included in the bid and shall conform in strength, quality 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. Samples and Centrifuge Trials Centrifuge trials will be conducted using Yakima's Alfa Laval Centrifuge Model 706 G2. Vendors participating in the trials will provide 100-110 pounds of their cationic polymer flocculant for testing and quality of performance during a typical centrifuge operation. All polymer used in the trials will be provided by the Vendor at their expense and must be provided in 50- or 55-pound bags. 4. New and Unused All units, equipment, parts and material shall be new, unused, manufacturer's current model year and in current production. All materials shall have physical and chemical properties to withstand the intended purpose. 5. Best Modern Practices All work, including design, shall be performed and completed in accordance with the best modern practices, further, no detail necessary for safe and regular operation shall be omitted, although specific mention thereof may not be made in these specifications. 6. Equal/Approved Equal These specifications are intended to be precise where a specific make, model or trade name is requested. Whenever a make, model or trade name is used, it shall be that or equal, or approved equal. Equal or approved equal means that the make, model or trade name will be given consideration if they fulfill the same performance requirements. The City reserves the right to make the decision on acceptability. Each bidder shall clearly identify make, model or trade name of product bid on the Bid Form. Any items proposed as an equal to that herein specified must be substantiated with supporting data to justify such request for substitution. 7. Exceptions Specifications of the products 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 12421 Cationic Polymer Flocculant-WWTP Page 5 of 31 may tend to devalue the equipment or give an individual bidder who is offering a lesser item a distinct advantage. 8. 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. 9. Delivery/Completion The maximum number of days allowed for delivery is 10 business days after receipt of order. Each bidder is required to list on the Bid Form the number of calendar days they expect delivery to be made at the destination, in terms of time interval, following placement of order. Time of delivery is important and will be considered in the evaluation of the Bids. Failure to include a specific number of calendar days may be sufficient grounds for resection of Bid. Orders will normally be placed for six (6) - 700 KG tay bags per delivery. Each 700 KG tay bag will be shipped on an individual, non-returnable pallet. The shipper must provide a means of moving pallets to the end of the truck where they can be removed by forklift. The Vendor is responsible for hiring a qualified shipper and responsible for product damage caused by the shipper. 10. Delivery Acceptance Delivery will be accepted by the City of Yakima FOB Wastewater Treatment Plant, 2220 East Viola, Yakima, WA 98901, between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, ready for regular and safe operation. 11. 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. 12. Contract Term See Section 3 of Contract. 13. 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 delivery of products 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. 12421 Cationic Polymer Flocculant-WWTP Page 6 of 31 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. 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: • 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). • Incurred after contract commencement date. • Not produce a higher profit margin than that on the original contract. • Clearly identify the items impacted by the increase. • Be filed with the Buyer list on page 2, a minimum of thirty (30) calendar days before the effective date of proposed increase. • Be accompanied by detailed documentation acceptable to the Purchasing Manager sufficient to warrant the increase. • Should not deviate from the original contract pricing scheme/methodology. 12421 Cationic Polymer Flocculant-WWTP Page 7 of 31 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 18, Termination. 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. 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. 12421 Cationic Polymer Flocculant-WWTP Page 8 of 31 22. 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 23. Payments Vendor shall submit properly completed invoice(s) to: City of Yakima, Accounts Payable, 129 N. 2nd Street, Yakima, WA 98901. To ensure 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. 24. 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. 25. 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. 26. Sample Contract and Terms and Conditions The Sample Contract provided with this Bid Specification represents the terms and conditions which the City 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 City 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 City. 27. 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. 28. 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. 29. 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 12421 Cationic Polymer Flocculant-WWTP Page 9 of 31 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. 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. 30. 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. 31. 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".) 32. 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. 33. 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. 34. 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. 35. 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 12421 Cationic Polymer Flocculant-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. 36. 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. 37. 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. 38. 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. BID PREPARATION AND SUBMISSION 1. General Instructions Failure to conform to the Bid specifications and respond to each of the submittal requirements may be the basis for rejection of a bid. Refer to Section IV. Bidder's Checklist to ensure your Bid is responsive. 2. Submitting a Bid Bids shall be completely uploaded into Public Purchase.com no later than the date and time listed on Page 2 of this Bid. Late Bids will not be accepted or evaluated. If you try to submit a Bid Late, the electronic system will not receive it. If City Hall is closed for business at the time scheduled for opening, for whatever reasons, Bidder's response will be opened on the next business day of the City, at the originally scheduled hour. Bidders must submit their bid electronically through PublicPurchase.com where they will be kept in an electronic lockbox until date and time of opening. To register as a Vendor/Bidder with Public Purchase, go to www.publicpurchase.com or the City of Yakima website at www.YakimaWA.Gov/Services/Purchasinq. 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. 12421 Cationic Polymer Flocculant-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 • Cover Sheet/Signature Page Page 2 • Technical Specification Analysis Pages 14-15 • Bid Form Page 17 • Bidder Questionnaire Page 18 After Bid opening and before Notice of Award, awarding contractor will need to provide; • Signed Contract—sample on Pages 19-26 • Certificate of Insurance with Pages 29-31 Additional Insured Endorsements and Waiver of Subrogation V. EVALUATION AND CONTRACT AWARD 1. Bid Evaluation All Bids shall be evaluated against the same standards. The Bids will first be reviewed to determine if they contain the required forms, follow the submittal instructions, and meet all mandatory requirements. The evaluation and selection of a Bidder will be based on the information submitted in their Bid response and the results of centrifuge trials with award being made to the most responsible Bidder with the lowest responsive Bid meeting all the minimum qualifications and a successful centrifuge trial. Evaluation of Bids and determination of Bidder responsibility shall be based on past experience with Bidder, proposed manufacturer's service availability, product availability, product design and functionalism, effect on productivity, Bidder's supporting documentation and results of the centrifuge trials. 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 Division at 129 No. 2nd St., Yakima, WA 98901, or by fax: 509-576-6394 or email to: Purch(c�YakimaWA.Gov. The protest shall clearly state the specific factual and legal ground(s) for the protest, and a description of the relief 12421 Cationic Polymer Flocculant-WWTP Page 12 of 31 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: 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 Ill. 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. VI. TECHNICAL SPECIFICATIONS 1. Technical Specification Analysis The Bidder must provide a detailed description of each major component of their proposed system and product. 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. Failure to respond to each of the requirements in the Bid may be the basis for rejecting a Bid. 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. Y—Yes The Bidder's proposed product currently satisfies the entire requirement and the proposed system will completely support the requirement. 12421 Cationic Polymer Flocculant-WWTP Page 13 of 31 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. The following Technical Specifications Analysis shall be answered with a "Y" or"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. A complete response to each item is required. Attach any information necessary to explain or clarify your Bid. Bids failing to include specific responses may be rejected. Cationic Pol mer Flocculant Technical S•ecifications Anal sis Form Yakima sludge is an anaerobically digested mixture of primary and waste activated sludges. Digester feed is approximately 55% primary sludge and 45% waste activated on a dry weight basis. The sludge feed to the centrifuge is currently averaging about 1.5% solids but may vary from 1.4-1.8%. The quantity of polymer purchased will be sufficient to dewater approximately 1600 dry tons of sludge per year. Item Specification Yes No Comments Polymer flocculant vendor must be either a manufacturer of the product or a company that has been authorized by El El manufacturer to sell the product for its intended use. Are you a manufacturer or authorized by the manufacturer to sell the product? Polymer flocculant will be suitable for use in horizontal, continuous feed, scroll type, Alfa Laval Centrifuge Model ® ❑ 706 G2. Polymer will be suitable for injection at the entrance to the centrifuge or at the sludge feed pump. Polymer flocculant shall be a high to medium charge ® ❑ cationic in powder form. Polymer flocculant shall be suitable for blending in a Siemens DP2000 dry polymer dispersing and blending ❑ system. Polymer flocculant will be suitable for dewatering anaerobically digested sludge consisting of approximately ® ❑ 55% primary sludge and 45% biological sludge on a dry weight basis. 12421 Cationic Polymer Flocculant-WWTP Page 14 of 31 Polymer flocculant will be capable of dewatering anaerobically digested sludge to 20% solids at a solids IZ El feed rate of at least 200 gpm (1400 pounds per hour) with 95% solids recovery. Polymer flocculant shall have a cure time of no more than ® ❑ one (1) hour. Polymer flocculant shall be furnished in 700 KG (1,600 lb.) El El tay bag or 25 KG (55 lb.) bags as specified by the buyer. Polymer flocculant shall have a shelf life of no less than ® ❑ one year in the unopened bag. Vendor must be available for technical support five days a ® ❑ week via telephone and be able to provide on-site support within two days of a request for such support. The vendor's technical support personnel must be ® ❑ knowledgeable in the use of the vendor's product and in the use of centrifuges to dewater wastewater sludge. 2. Centrifuge Trials The City of Yakima will not conduct a prequalification of Vendors. After bid opening the City will conduct centrifuge trials with Bidders who product is deemed suitable and meets all specifications. A. Centrifuge trials will be conducted using Yakima's Alfa Laval Centrifuge Model 706 G2 and consist of the Bidder providing 100-110 pounds of cationic polymer flocculant and observing its' performance during a typical centrifuge operation. All polymer used in the trials will be provided by the Bidder in 50 or 55 pound bags at their expense. Centrifuge trials must be scheduled by July 18, 2024. Contact Raymond Scott or Brady Linden at (509) 575-6077 to schedule centrifuge trial. Recommended polymer concentration is 0.5%. Sufficient product must be mixed to dewater sludge for four (4) hours at a 200 gpm feed rate. The product must be able to produce a 20% cake or better, at sludge feed rate of 200 gpm (approximately 1400 lbs./hour). Feed sludge flow will be determined by direct reading from metered feed flow to the centrifuge. Solids concentration of the centrate must be no more than 5% of the feed sludge concentration (95% efficiency). Products that do not meet the minimum performance standards do not qualify for award. The minimum performance standards mentioned above (95% removal, 200 gpm sludge feed rate and 20% cake) may be adjusted before the trials begin if sludge conditions and/or centrifuge operability dictate modification. City staff will mix all polymer in accordance with the Bidder's recommendations within the limitations of the system. Polymers will be aged in accordance with the Bidder's recommendations up to a maximum of one hour. Sufficient polymer must be supplied to the centrifuge by the existing polymer delivery system to effectively treat the 200 gpm sludge feed rate. Preceding the centrifuge trial, the Bidder will be allowed a two (2) hour optimization period to experiment with dilution water flow rates, polymer dosage and application points and centrifuge torque settings. The torque selection must be within the range of 20-27 inch pounds. The Bidder will advise the Operator as to the desired settings for these variables prior to the start of the trial. Once selected, these settings will remain fixed throughout the trial. The trial test period will be two (2) hours beginning immediately after the 2-hour optimization period. Sampling during the two-hour trial will be conducted at 30-minute intervals by City staff. Samples will be composited and tested by plant laboratory staff to determine sludge feed concentration, centrate solids concentration and cake solids. The results of these analyses will be used in the evaluation formulas to determine if the 12421 Cationic Polymer Flocculant-WWTP Page 15 of 31 minimum performance standards are met. Results will be considered proprietary to each Bidder until the bid process is complete. City staff is currently successful operating with the following parameters: sludge feed rates of 190- 240 gpm, polymer dilution water at 0 - 10 gpm, centrifuge torque setting at 20- 27 inch-pounds and polymer application at the centrifuge feed line in the basement of the solids handling building. Each Bidder will be allowed two (2) trials. The Bidder will be given the option of trialing the same product a second time or trying a second product. If a Bidder wants to qualify two products, separate Bids must be submitted for each product. City staff can disqualify a product any time during the trial period if it is clearly unable to achieve the minimum performance standards set for qualification. B. Polymer Evaluation Formulas Pounds of polymer used will be determined by the centrifuge operator from polymer tank readings at the beginning and end of the two (2) hour trial period. Bid evaluation will be based upon the price of polymer per dry ton of sludge produced. Pounds of polymer per dry ton of biosolids produced will be established according to the following formulas: • Dry tons of biosolids produced will be determined by Formula "A". • The price of polymer per dry ton of sludge produced will be determined by Formula "B". Formula A: (Feed conc. - centrate conc.) X Sludge flow X 8.34/2000 Where feed and centrate concentration are in mg/I and are determined by Yakima laboratory staff from the composite samples taken during the 2-hour trial period. Sludge flow will be in million gallons, and will be determined by the centrifuge operator based upon reading from the flow totalizer at the beginning and end of the 2-hour trial period. Dilution water and polymer flow quantities will be subtracted from the total flow to determine how much of the metered flow is liquid sludge. The operators will determine the flow, the lab has to determine the concentrations of both feed and centrate. Formula B: (Lbs. polymer/dry ton) X (bid price in $/Ib.). The pounds of polymer per dry ton above is determined by the 2-hour trial period using Formula A and bid price is the vendor's quoted bid price. Performance Standards Dewatering efficiency must be 95% or better. This will be determined by Formula "C". • Cake solids must be 20% or better. • Above performance standards must be achieved at 200 GPM sludge feed rate. Formula C: (Feed conc. - centrate conc/feed conc.) X 100%. Feed and centrate concentrations are in mg/I. Throughout the life of the Contract, the City must obtain cost performance within ten percent (10%) of the performance standards established during the trials. If, during the life of the Contract, the product will not produce results within ten percent (10%) of the standards, the City reserves the right to terminate the Contract. Prior to this action, the Vendor will be offered the opportunity to assist City staff by making suggestions for improving product performance or by changing products. All remedial action taken by the Vendor will be subject to prior approval by City staff and will result in no additional cost to the City. 12421 Cationic Polymer Flocculant-WWTP Page 16 of 31 VII. BID FORM INVITATION TO BID NO. 12421 TO Bidder: Please bid 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 intend to award this Contract within ninety (90) calendar days. Bid your lowest price for the following: Cationic Polymer Flocculant to be utilized in an Alfa Laval Centrifuge Model 702-G2. The quantity of polymer purchased will be sufficient to dewater approximately 1600 dry tons of sludge per year. Bidder shall specify the manufacturer of products being offered on the Bid Form of this solicitation. Failure to do so will be cause for rejection of Bid. Item Description Qty Price Total Price No. Per Unit (without tax) Cationic Polymer flocculant shall be a A?8190 high to medium charge, non-dusting SSK NA 700KG 2.48/lb 161,200.00 �' 65,000 lbs. $ powder furnished in 700 KG (1,600 lb.) $ tay bags/sacks or 25 KG (55 lb.) bags as PRAESTOL859 BS $2.15/Ib $139,750.00 specified by buyer. KF-NC SSK 700KG Vendor shall specify the manufacturer of products being offered. Solenis LLC Specify packaging proposed for this bid. 700KG Supersack Product to be ordered on an as-needed basis. Please specify if there is a minimum order quantity. One 700KG SSK or 40, 25KG bags FREIGHT, FOB DESTINATION: 10 Business Days ARO INCLUDED WA STATE SALES TAX Zetag 8190/Praestol 859 BS $13,379.60 /$11.599.25 Destination Based @ 8.3%o: TOTAL: $ 174,579.60 /$151,349.25 List discount offered off list price for any other items not specifically listed: 15 % 12421 Cationic Polymer Flocculant-WWTP Page 17 of 31 VIII. BIDDER QUESTIONNAIRE MUST BE SUBMITTED & UPLOADED WITH BID INSTRUCTIONS: Provide the requested information, sign and 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. If the City requires further description,the City may request Bidder to provide such information within a mandatory due date. BIDDER INFORMATION Bidder's Legal Name: Solenis LLC Company's dba: (if applicable) CEO/President Name: John E. Panichella Business Federal License No. UBI No. K4CDBUELLNC3 EIN No. 46-5612095 Phone (302) 502-0802 Toll Free Phone ( 302) 502-0802 FAX ( ) N/A E-Mail Address bidders@solenis.com Mailing Address 2475 Pinnacle Drive City Wilmington State DE Zip +4 19803 Physical Address 2475 Pinnacle Drive City Wilmington State DE Zip+4 19803 Name the person to contact for questions concerning this Bid Proposal: Name Chelsea Vaughan-Burns Title Business Analyst Phone (302) 502-0802 Toll Free Phone ( 30Z 502-0802 FAX ( ) N/A E-Mail Address bidders@solenis.com Mailing Address 2475 Pinnacle Drive City Wilmington State DE Zip+4 19803 Physical Address 2475 Pinnacle Drive City Wilmington State DE Zip+4 19803 OWNERSHIP Is your firm a subsidiary, parent, holding company, or affiliate of another firm? Yes: No: X Please explain: 12421 Cationic Polymer Flocculant-WWTP Page 18 of 18 PRODUCT DATA solenis.com C SOLGflIS. Page 1 of 1 PYM-PDS-NA-Zetag Powder Range Zetag TM Cationic Powder Range Flocculants Description It is recommended that stock solutions at 0.25—0.5%are High molecular weight polyacrylamide-based flocculants, prepared regularly and for maximum effect such solutions which exhibit varying degrees of cationic charge.They should be used within 5 days. are supplied as free flowing powders. Beyond this period some loss in efficiency of the product Chemical Structure mayoccur. Co-polymers of acrylamide and quaternized cationic monomer. Shipping & Handling Effects of low temperature on dissolution—at low water Product Cationic Molecular temperatures, <5°C,the dissolution of this product will charge weight be adversely affected to the extent that longer dissolution Zetag 8110 very low very high times will be required. Zetag 8125 low high As with all cationic polyelectrolytes the product exhibits Zetag 8127 Medium High toxicity towards fish. It is important that precautions are taken where the product may come into direct contact Zetag 8140 medium high with fresh water courses, streams and rivers Zetag 8147 Medium Very high Zetag 8160 medium-high high Corrosion towards most standard materials of construction is very low. Stainless steel,fiberglass, Zetag 8167 Medium-high Very high polyethylene, polypropylene and rubberized surfaces are Zetag 8165 medium-high very high recommended. In some cases, aluminum surfaces can be adversely affected. Zetag 8180 high high Zetag 8185 high very high Very slippery when wet. Please refer to the SDS for Zetag 8187 High Very high methods of removing the polymer. Zetag 8190 very high high Packaging This product is available in a variety of packaging sizes. Principal Use Your Solenis representative will recommend the Flocculants for conditioning a variety of municipal and appropriate packaging for the application. industrial substrates prior to mechanical or static solid/liquid separation. Important Information Typical Properties: Refer to the Safety Data Sheet These products are not suitable for use in potable water (SDS). applications. If in any doubt regarding suitability for a given application, please contact your local sales Regulatory Information: Refer to the SDS/RDS or representative. contact your sales representative for any additional regulatory and environmental information. Benefits Highly effective across a wide range of applications(e. g Safety: Solenis maintains an SDS for all of its products. mechanical dewatering and thickening,flotation and Use the health and safety information contained in the clarification). Operation over a wide pH range(2—11). SDS to develop appropriate product handling procedures to protect your employees and customers. Storage Our SDS should be read and understood by all of your The shelf life of the product is min 48 months from date supervisory personnel and employees before using of manufacturing if it is stored in its sealed original Solenis products in your facilities. packaging within a temperature range of 5—25 °C in a dry place. All statements,information and data presented herein are believed to be accurate and reliable,but are not to be taken as a guarantee,an express warranty,or an implied warranty of merchantability or fitness for a particular purpose,or representation,express or implied,for which Solenis and its subsidiaries assume legal responsibility ""Trademark,Solenis or its subsidiaries, protected in various countries 'Trademark owned by a third party©2019,2021 Solenis. PRODUCT DATA solenis.com saanis Page 1 of 1 PYM-PDS-NA-Praestol Powder Range PraestolTM Powder Range Flocculants Description It is recommended that stock solutions at 0 25—0.5%are High molecular weight polyacrylamide-based flocculants, prepared regularly and for maximum effect such solutions which exhibit varying degrees of cationic charge.They should be used within 5 days. are supplied as free flowing powders. Beyond this period some loss in efficiency of the product Chemical Structure mayoccur. Co-polymers of acrylamide and quaternized cationic Shipping & Handling monomer Effects of low temperature on dissolution—at low water Product Cationic Molecular temperatures, <5 °C,the dissolution of this product will charge weight be adversely affected to the extent that longer dissolution Praestol 822BS KF-NC Low High times will be required. Praestol 835BS KF-NC Medium Very High As with all cationic polyelectrolytes the product exhibits Praestol 644BS KF-NC Medium-high High toxicity towards fish. It is important that precautions are taken where the product may come into direct contact Praestol 855BS KF-NC Medium-high Extremely with freshwater courses, streams and rivers. High Praestol 655BS KF-NC High High Corrosion towards most standard materials of Praestol 858BS KF-NC High Very high construction is very low. Stainless steel,fiberglass, Praestol 859BS KF-NC Very High High polyethylene, polypropylene, and rubberized surfaces are recommended. In some cases, aluminum surfaces can be adversely affected. Principal Use Flocculants for conditioning a variety of municipal and Very slippery when wet. Please refer to the SDS for industrial substrates prior to mechanical or static methods of removing the polymer. solid/liquid separation. Packaging These products are not suitable for use in potable water This product is available in a variety of packaging sizes. applications. If in any doubt regarding suitability for a Your Solenis representative will recommend the given application, please contact your local sales appropriate packaging for the application. representative. Important Information Benefits Typical Properties: Refer to the Safety Data Sheet Highly effective across a wide range of applications(e. g. (SDS). mechanical dewatering and thickening,flotation and clarification). Operation over a wide pH range(2—11). Regulatory Information: Refer to the SDS/RDS or contact your sales representative for any additional Storage regulatory and environmental information. The shelf life of the product is min.48 months from date of manufacturing if it is stored in its sealed original Safety: Solenis maintains an SDS for all of its products. packaging within a temperature range of 5—25°C in a Use the health and safety information contained in the dry place. SDS to develop appropriate product handling procedures to protect your employees and customers. Our SDS should be read and understood by all of your supervisory personnel and employees before using Solenis products in your facilities. All statements,information and data presented herein are believed to be accurate and reliable,but are not to be taken as a guarantee,an express warranty,or an implied warranty of merchantability or fitness for a particular purpose,or representation,express or implied,for which Solenis and its subsidiaries assume legal responsibility "'Trademark,Solenis or its subsidiaries, protected in venous countnes 'Trademark owned by a third party©2022 Solenis '/soLe1 1i5_ Page: 1 Strong bonds.Trusted solutions. SAFETY DATA SHEET Revision Date: 08/22/2022 Print Date: 06/20/2024 SDS Number: R1200836 ZetagTM 8190 FLOCCULANT Version: 1.2 TM Trademark, Solenis or its subsidiaries or affiliates, registered in various countries 931601 SECTION 1. IDENTIFICATION Product identifier Trade name : ZetagTM 8190 FLOCCULANT TM Trademark, Solenis or its subsidiaries or affiliates, registered in various countries Recommended use of the chemical and restrictions on use Use of the Substance/Mixture : Flocculating agent Details of the supplier of the safety data Emergency telephone number sheet 1-844-SOLENIS(844-765-3647) Solenis LLC 500 Hercules Road Product Information Wilmington, Delaware 19808 Contact your local Solenis representative United States of America (USA) EHSProductSafetyTeam@solenis.com SECTION 2. HAZARDS IDENTIFICATION GHS classification in accordance with the OSHA Hazard Communication Standard (29 CFR 1910.1200) This material is not considered hazardous under the OSHA Hazard Communication Standard (HazCom 2012). GHS label elements This material is not considered hazardous under the OSHA Hazard Communication Standard (HazCom 2012). Other hazards Material can create slippery conditions. SECTION 3.COMPOSITION/INFORMATION ON INGREDIENTS Substance/Mixture . Mixture Components No hazardous ingredients SECTION 4. FIRST AID MEASURES 1 /11 C sOw1 1I5. Page: 2 Strong bonds.Trusted solutions SAFETY DATA SHEET Revision Date: 08/22/2022 Print Date: 06/20/2024 SDS Number: R1200836 ZetagTM 8190 FLOCCULANT Version 1.2 TM Trademark, Solenis or its subsidiaries or affiliates, registered in various countries 931601 General advice : No hazards which require special first aid measures. If inhaled : If breathed in, move person into fresh air. If unconscious, place in recovery position and seek medical advice. If symptoms persist, call a physician. In case of skin contact : First aid is not normally required. However, it is recommended that exposed areas be cleaned by washing with soap and water. In case of eye contact : Remove contact lenses. Protect unharmed eye. If swallowed : Do not give milk or alcoholic beverages. Never give anything by mouth to an unconscious person. If symptoms persist, call a physician. Most important symptoms : Signs and symptoms of exposure to this material through and effects, both acute and breathing, swallowing, and/or passage of the material through delayed the skin may include: irritation (nose,throat, airways) Notes to physician : No hazards which require special first aid measures. SECTION 5. FIREFIGHTING MEASURES Suitable extinguishing media : Use extinguishing measures that are appropriate to local circumstances and the surrounding environment. Water spray Foam Specific hazards during : Do not allow run-off from fire fighting to enter drains or water firefighting courses. Hazardous combustion : Carbon monoxide products Carbon dioxide (CO2) Nitrogen oxides(NOx) Specific extinguishing : Product is compatible with standard fire-fighting agents. methods Further information . Material can create slippery conditions. Water may cause extremely slippery conditions. Fire residues and contaminated fire extinguishing water must be disposed of in accordance with local regulations Special protective equipment : In the event of fire, wear self-contained breathing apparatus. for firefighters 2/11 soLe1 1l5. Page: 3 Strong bonds.Trusted solutions. SAFETY DATA SHEET Revision Date: 08/22/2022 Print Date: 06/20/2024 SDS Number: R1200836 ZetagTM 8190 FLOCCULANT Version 1.2 TM Trademark, Solenis or its subsidiaries or affiliates, registered in various countries 931601 SECTION 6.ACCIDENTAL RELEASE MEASURES Personal precautions, : Material can create slippery conditions. protective equipment and Avoid dust formation. emergency procedures Avoid breathing dust. Persons not wearing protective equipment should be excluded from area of spill until clean-up has been completed. Comply with all applicable federal, state, and local regulations. Environmental precautions : Prevent product from entering drains Prevent further leakage or spillage if safe to do so. If the product contaminates rivers and lakes or drains inform respective authorities. Methods and materials for : Pick up and arrange disposal without creating dust. containment and cleaning up Keep in suitable, closed containers for disposal. SECTION 7. HANDLING AND STORAGE Advice on protection against : Take measures to prevent the build up of electrostatic charge. fire and explosion Provide appropriate exhaust ventilation at places where dust is formed. Advice on safe handling : Avoid spillage on floor as the product can become very slippery. Avoid dust formation. Smoking,eating and drinking should be prohibited in the application area. For personal protection see section 8 Conditions for safe storage : Containers which are opened must be carefully resealed and kept upright to prevent leakage. Electrical installations/working materials must comply with the technological safety standards. Materials to avoid : No materials to be especially mentioned. Further information on : Keep in a dry place. storage stability No decomposition if stored and applied as directed. SECTION 8. EXPOSURE CONTROLS/PERSONAL PROTECTION Components with workplace control parameters Contains no substances with occupational exposure limit values. Engineering measures : Provide appropriate exhaust ventilation at places where dust is formed. General room ventilation should be adequate for normal conditions of use. However, if unusual operating conditions 3/11 • soLe1 1I5. Page:4 Strong bonds Trusted solut,ons. SAFETY DATA SHEET Revision Date: 08/22/2022 Print Date: 06/20/2024 SDS Number: R1200836 ZetagTM 8190 FLOCCULANT Version. 1.2 TM Trademark, Solenis or its subsidiaries or affiliates, registered in various countries 931601 exist, provide sufficient mechanical (general and/or local exhaust)ventilation to maintain exposure below exposure guidelines(if applicable) or below levels that cause known, suspected or apparent adverse effects Personal protective equipment Respiratory protection : No personal respiratory protective equipment normally required. Eye protection : Safety glasses Skin and body protection : Wear as appropriate: Safety shoes Wear resistant gloves(consult your safety equipment supplier). Hygiene measures : Avoid breathing dust. SECTION 9. PHYSICAL AND CHEMICAL PROPERTIES Appearance : powder Colour : off-white Odour : odourless Odour Threshold : No data available pH : 3.5-4.5 Concentration: 10 g/I Melting point/freezing point : No data available Boiling point/boiling range : Not applicable Flash point . Not applicable Evaporation rate : No data available Flammability(solid, gas) : not readily ignited Not combustible Dust Not combustible Dust Self-ignition : not self-igniting 4/11 SOLG1 IIS. Page: 5 Strong bonds.Trusted solutions. SAFETY DATA SHEET Revision Date: 08/22/2022 Print Date: 06/20/2024 SDS Number: R1200836 ZetagTM 8190 FLOCCULANT Version 1.2 TM Trademark, Solenis or its subsidiaries or affiliates, registered in various countries 931601 Upper explosion limit/Upper : No data available flammability limit Lower explosion limit/Lower : No data available flammability limit Vapour pressure : The product has not been tested. Relative vapour density : No data available Relative density : No data available Density : No data available Solubility(ies) Water solubility : Forms a viscous solution. Solubility in other solvents : No data available Partition coefficient: n- : No data available octanol/water Decomposition temperature : No data available Viscosity Viscosity, dynamic : not determined Viscosity, kinematic : No data available Explosive properties : Not explosive Oxidizing properties : not fire-propagating SECTION 10. STABILITY AND REACTIVITY Reactivity : No decomposition if stored and applied as directed. Chemical stability : Stable under recommended storage conditions. Possibility of hazardous : Product will not undergo hazardous polymerization. reactions Conditions to avoid : Keep away from heat,flame, sparks and other ignition sources. Incompatible materials : Strong oxidizing agents Hazardous decomposition : Carbon monoxide products Carbon dioxide (CO2) Nitrogen oxides(NOx) 5/11 SOL`1 1Is. Page: 6 Strong bonds.Trusted solutrons. SAFETY DATA SHEET Revision Date: 08/22/2022 Print Date: 06/20/2024 SDS Number: R1200836 ZetagTM 8190 FLOCCULANT Version 1.2 TM Trademark, Solenis or its subsidiaries or affiliates, registered in various countries 931601 SECTION 11. TOXICOLOGICAL INFORMATION Acute toxicity Not classified based on available information. Product: Acute oral toxicity : LD50(Rat): >5,000 mg/kg Method: Acute toxicity estimate Skin corrosion/irritation Not classified based on available information. Product: Species : Rabbit Method : OECD Test Guideline 404 Result : No skin irritation Serious eye damage/eye irritation Not classified based on available information. Product: Species : Rabbit Result : No eye irritation Remarks : Unlikely to cause eye irritation or injury. Product dust may be irritating to eyes, skin and respiratory system. Respiratory or skin sensitisation Skin sensitisation Not classified based on available information. Respiratory sensitisation Not classified based on available information. Germ cell mutagenicity Not classified based on available information. Product: Genotoxicity in vitro : Remarks. No data available Carcinogenicity Not classified based on available information. IARC No component of this product present at levels greater than or equal to 0 1% is identified as probable, possible or confirmed human carcinogen by IARC. OSHA No component of this product present at levels greater than or equal to 0.1% is 6/11 sOLe1 IIS. Page: 7 Strong bonds.Trusted solutions. SAFETY DATA SHEET Revision Date: 08/22/2022 Print Date: 06/20/2024 SDS Number: R1200836 ZetagTM 8190 FLOCCULANT Version 1.2 TM Trademark, Solenis or its subsidiaries or affiliates, registered in various countries 931601 on OSHA's list of regulated carcinogens. NTP No component of this product present at levels greater than or equal to 0.1% is identified as a known or anticipated carcinogen by NTP. Reproductive toxicity Not classified based on available information. STOT-single exposure Not classified based on available information. STOT-repeated exposure Not classified based on available information. Aspiration toxicity Not classified based on available information. Further information Product: Remarks : No data available SECTION 12. ECOLOGICAL INFORMATION Ecotoxicity Product: Toxicity to fish : LC50(Fish). > 1 - 10 mg/I Exposure time: 96 h Test Type: static test Toxicity to daphnia and other : EC50 (Daphnia (water flea)): > 1 - 10 mg/I aquatic invertebrates Exposure time: 48 h Ecotoxicology Assessment Acute aquatic toxicity • Acute aquatic toxicity Category 2;Toxic to aquatic life. Chronic aquatic toxicity : Not classified based on available information. Persistence and degradability Product: Biodegradability : Result: Readily biodegradable. Remarks:At natural pHs(>6),the polymer degrades due to the hydrolysis to more than 70% in 28 days. Bioaccumulative potential No data available 7/11 C SOLe1 1Is. Page: 8 Strong bonds.Trusted solutions. SAFETY DATA SHEET Revision Date: 08/22/2022 Print Date: 06/20/2024 SDS Number: R1200836 ZetagTM 8190 FLOCCULANT Version 1.2 TM Trademark, Solenis or its subsidiaries or affiliates, registered in various countries 931601 Mobility in soil Product: Stability in soil : Remarks: No data available Other adverse effects Product: Additional ecological : An environmental hazard cannot be excluded in the event of information unprofessional handling or disposal. Toxic to aquatic life. SECTION 13. DISPOSAL CONSIDERATIONS Disposal methods Waste from residues : The product should not be allowed to enter drains,water courses or the soil. Dispose of in accordance with all applicable local, state and federal regulations. Contaminated packaging : Empty remaining contents. Dispose of as unused product. Empty containers should be taken to an approved waste handling site for recycling or disposal. SECTION 14. TRANSPORT INFORMATION International Regulations IATA-DGR Not regulated as a dangerous good IMDG-Code Not regulated as a dangerous good Transport in bulk according to Annex II of MARPOL 73/78 and the IBC Code Not applicable for product as supplied. National Regulations 49 CFR Not regulated as a dangerous good Special precautions for user The transport classification(s) provided herein are for informational purposes only, and solely based upon the properties of the unpackaged material as it is described within this Safety Data Sheet.Transportation classifications may vary by mode of transportation, package sizes, and variations in regional or country regulations. 8/11 ,%soLe Ils. Page:9 Strong bonds.Trusted solutions. SAFETY DATA SHEET Revision Date: 08/22/2022 Print Date: 06/20/2024 SDS Number: R1200836 ZetagTM 8190 FLOCCULANT Version 1.2 TM Trademark, Solenis or its subsidiaries or affiliates, registered in various countries 931601 SECTION 15. REGULATORY INFORMATION EPCRA-Emergency Planning and Community Right-to-Know Act SARA 302 Extremely Hazardous Substances Threshold Planning Quantity This material does not contain any components with a section 302 EHS TPQ. SARA 311/312 Hazards : No SARA Hazards SARA 313 : This material does not contain any chemical components with known CAS numbers that exceed the threshold (De Minimis) reporting levels established by SARA Title III, Section 313. California Prop. 65 Proposition 65 warnings are not required for this product based on the results of a risk assessment performed on the product as delivered and when used as intended. The components of this product are reported in the following inventories: TCSI . On the inventory, or in compliance with the inventory NZIoC : On the inventory, or in compliance with the inventory TSCA : All substances listed as active on the TSCA inventory AIIC : On the inventory, or in compliance with the inventory DSL : All components of this product are on the Canadian DSL ENCS : On the inventory, or in compliance with the inventory KECI : On the inventory, or in compliance with the inventory IECSC : On the inventory, or in compliance with the inventory PICCS : On the inventory, or in compliance with the inventory TSCA list No substances are subject to a Significant New Use Rule. No substances are subject to TSCA 12(b)export notification requirements. SECTION 16. OTHER INFORMATION Further information Revision Date : 08/22/2022 9/11 '41 soLenls. Page: 10 Strong bonds.Trusted solutions SAFETY DATA SHEET Revision Date: 08/22/2022 Print Date: 06/20/2024 SDS Number: R1200836 ZetagTM 8190 FLOCCULANT Version 1.2 TM Trademark, Solenis or its subsidiaries or affiliates, registered in various countries 931601 Full text of other abbreviations AIIC - Australian Inventory of Industrial Chemicals; ASTM - American Society for the Testing of Materials; bw - Body weight; CERCLA - Comprehensive Environmental Response, Compensation, and Liability Act; CMR - Carcinogen, Mutagen or Reproductive Toxicant; DIN - Standard of the German Institute for Standardisation; DOT - Department of Transportation; DSL - Domestic Substances List (Canada); ECx - Concentration associated with x% response; EHS - Extremely Hazardous Substance; ELx - Loading rate associated with x% response; EmS - Emergency Schedule; ENCS - Existing and New Chemical Substances (Japan); ErCx - Concentration associated with x% growth rate response; ERG - Emergency Response Guide; GHS - Globally Harmonized System; GLP - Good Laboratory Practice; HMIS - Hazardous Materials Identification System; IARC - International Agency for Research on Cancer; IATA - International Air Transport Association; IBC - International Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk; IC50 - Half maximal inhibitory concentration; ICAO - International Civil Aviation Organization; IECSC - Inventory of Existing Chemical Substances in China; IMDG - International Maritime Dangerous Goods; IMO - International Maritime Organization; ISHL - Industrial Safety and Health Law (Japan); ISO - International Organisation for Standardization; KECI - Korea Existing Chemicals Inventory; LC50 - Lethal Concentration to 50 % of a test population; LD50 - Lethal Dose to 50% of a test population (Median Lethal Dose); MARPOL - International Convention for the Prevention of Pollution from Ships; MSHA - Mine Safety and Health Administration; n.o.s. - Not Otherwise Specified; NFPA- National Fire Protection Association; NO(A)EC - No Observed (Adverse) Effect Concentration; NO(A)EL - No Observed (Adverse) Effect Level; NOELR - No Observable Effect Loading Rate; NTP- National Toxicology Program; NZIoC- New Zealand Inventory of Chemicals; OECD - Organization for Economic Co-operation and Development; OPPTS - Office of Chemical Safety and Pollution Prevention; PBT - Persistent, Bioaccumulative and Toxic substance; PICCS - Philippines Inventory of Chemicals and Chemical Substances; (Q)SAR- (Quantitative) Structure Activity Relationship; RCRA - Resource Conservation and Recovery Act; REACH - Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals; RQ - Reportable Quantity; SADT - Self- Accelerating Decomposition Temperature; SARA - Superfund Amendments and Reauthorization Act; SDS - Safety Data Sheet; TCSI - Taiwan Chemical Substance Inventory; TECI - Thailand Existing Chemicals Inventory; TSCA-Toxic Substances Control Act (United States); UN - United Nations; UNRTDG - United Nations Recommendations on the Transport of Dangerous Goods; vPvB-Very Persistent and Very Bioaccumulative Sources of key data used to compile the Safety Data Sheet Key literature references and sources of data SOLENIS Internal data SOLENIS internal data including own and sponsored test reports The UNECE administers regional agreements implementing harmonised classification for labelling(GHS)and transport. The information provided in this Safety Data Sheet is correct to the best of our knowledge, information and belief at the date of its publication. The information given is designed only as a guidance for safe handling, use, processing, storage, transportation, disposal and release and is not to be considered a warranty or quality specification. The information relates only to the specific material designated and may not be valid for such material used in combination with any other materials or in any process, unless specified in the text. This SDS has been prepared by the Solenis Environmental Health and Safety Department. 10/11 soLenIs. Page: 11 Strong bonds Trusted solutions. SAFETY DATA SHEET Revision Date: 08/22/2022 Print Date: 06/20/2024 SDS Number: R1200836 ZetagTM 8190 FLOCCULANT Version 1.2 TM Trademark, Solenis or its subsidiaries or affiliates, registered in various countries 931601 US/EN 11 /11 er SOLe1 IIS_ Page: 1 Strong bonds.Trusted solutions SAFETY DATA SHEET Revision Date: 08/22/2022 Print Date: 06/20/2024 SDS Number: 000000278826 PraestolTM 859 BS KF-NC FLOCCULANT Version 1.1 TM Trademark, Solenis or its subsidiaries or affiliates, registered in various countries 887472 SECTION 1. IDENTIFICATION Product identifier Trade name : PraestolTM 859 BS KF-NC FLOCCULANT TM Trademark, Solenis or its subsidiaries or affiliates, registered in various countries Recommended use of the chemical and restrictions on use Details of the supplier of the safety data Emergency telephone number sheet 1-844-SOLENIS (844-765-3647) Solenis LLC 500 Hercules Road Product Information Wilmington, Delaware 19808 Contact your local Solenis representative United States of America (USA) EHSProductSafetyTeam@solenis.com SECTION 2. HAZARDS IDENTIFICATION GHS classification in accordance with the OSHA Hazard Communication Standard (29 CFR 1910.1200) This material is not considered hazardous under the OSHA Hazard Communication Standard (HazCom 2012). GHS label elements This material is not considered hazardous under the OSHA Hazard Communication Standard (HazCom 2012). Other hazards Material can create slippery conditions. SECTION 3.COMPOSITION/INFORMATION ON INGREDIENTS Substance/Mixture : Mixture Components Chemical name I CAS-No. Classification Concentration(%) ORGANIC ACID Trade Secret Eye Irrit. 2A; H319 >= 1.5- <5 STOT SE 3; H335 AMIDE Trade Secret Not a hazardous >= 1.5-<5 substance or mixture according to the 1 /12 SOLe1 IIS. Page: 2 Strong bonds.Trusted solutions. SAFETY DATA SHEET Revision Date: 08/22/2022 Print Date: 06/20/2024 SDS Number: 000000278826 PraestolTM 859 BS KF-NC FLOCCULANT Version 1.1 TM Trademark, Solenis or its subsidiaries or affiliates, registered in various countries 887472 Globally Harmonised System (GHS). Actual concentration is withheld as a trade secret SECTION 4. FIRST AID MEASURES General advice : No hazards which require special first aid measures. If inhaled : If breathed in, move person into fresh air. If unconscious, place in recovery position and seek medical advice. If symptoms persist, call a physician. In case of skin contact : First aid is not normally required. However, it is recommended that exposed areas be cleaned by washing with soap and water. In case of eye contact : Remove contact lenses. Protect unharmed eye. If swallowed : Do not give milk or alcoholic beverages. Never give anything by mouth to an unconscious person. If symptoms persist, call a physician. Most important symptoms : Signs and symptoms of exposure to this material through and effects, both acute and breathing, swallowing, and/or passage of the material through delayed the skin may include: stomach or intestinal upset(nausea, vomiting, diarrhea) irritation (nose,throat, airways) Notes to physician : No hazards which require special first aid measures. SECTION 5. FIREFIGHTING MEASURES Suitable extinguishing media : Use extinguishing measures that are appropriate to local circumstances and the surrounding environment. Water spray Foam Specific hazards during : Do not allow run-off from fire fighting to enter drains or water firefighting courses. Hazardous combustion : Carbon monoxide products Carbon dioxide(CO2) Nitrogen oxides(NOx) acid vapors Ammonia 2/12 C so Le Iis. Page: 3 Strong bonds.Trusted solutions SAFETY DATA SHEET Revision Date: 08/22/2022 Print Date: 06/20/2024 SDS Number: 000000278826 PraestolTM 859 BS KF-NC FLOCCULANT Version 1.1 TM Trademark, Solenis or its subsidiaries or affiliates, registered in various countries 887472 Specific extinguishing : Product is compatible with standard fire-fighting agents methods Further information : Material can create slippery conditions. Water may cause extremely slippery conditions. Fire residues and contaminated fire extinguishing water must be disposed of in accordance with local regulations. Special protective equipment : In the event of fire,wear self-contained breathing apparatus. for firefighters SECTION 6.ACCIDENTAL RELEASE MEASURES Personal precautions, : Material can create slippery conditions. protective equipment and Avoid dust formation. emergency procedures Avoid breathing dust. Persons not wearing protective equipment should be excluded from area of spill until clean-up has been completed. Comply with all applicable federal, state, and local regulations. Environmental precautions : Prevent product from entering drains. Prevent further leakage or spillage if safe to do so. If the product contaminates rivers and lakes or drains inform respective authorities. Methods and materials for : For small spills, quickly contain and remove the spilled containment and cleaning up material using absorbent pads, socks, kitty litter, sawdust etc, then appropriately dispose. Do not leave absorbents to sit overnight, as they will become hard and difficult to remove. The remaining residue or film can be treated with dilute caustic(2%) or dilute liquid bleach (2-5%), allowed to soak for up to one hour, and clean with warm water(between 49C— 54C (120F— 130 F)) or flushed to a sewer using high volumes of water taking into account local guidelines. Pick up and arrange disposal without creating dust. Keep in suitable, closed containers for disposal. SECTION 7. HANDLING AND STORAGE Advice on protection against : Take measures to prevent the build up of electrostatic charge. fire and explosion Provide appropriate exhaust ventilation at places where dust is formed. Advice on safe handling : Avoid spillage on floor as the product can become very slippery. Avoid dust formation. Smoking, eating and drinking should be prohibited in the application area. For personal protection see section 8. 3/12 C SOLe 1I5_ Page:4 Strong bonds.Trusted solutions. SAFETY DATA SHEET Revision Date: 08/22/2022 Print Date: 06/20/2024 SDS Number: 000000278826 PraestolTM 859 BS KF-NC FLOCCULANT Version 1.1 TM Trademark, Solenis or its subsidiaries or affiliates, registered in various countries 887472 Conditions for safe storage : Containers which are opened must be carefully resealed and kept upright to prevent leakage. Electrical installations/working materials must comply with the technological safety standards. Materials to avoid : No materials to be especially mentioned. Further information on : No decomposition if stored and applied as directed. storage stability SECTION 8. EXPOSURE CONTROLS/PERSONAL PROTECTION Components with workplace control parameters Components CAS-No. Value type Control Basis (Form of parameters/ exposure) Permissible concentration AMIDE Trade Secret TWA 10 mg/m3 US WEEL Engineering measures : Provide appropriate exhaust ventilation at places where dust is formed. General room ventilation should be adequate for normal conditions of use. However, if unusual operating conditions exist, provide sufficient mechanical(general and/or local exhaust)ventilation to maintain exposure below exposure guidelines(if applicable)or below levels that cause known, suspected or apparent adverse effects. Personal protective equipment Respiratory protection : No personal respiratory protective equipment normally required. Eye protection : Safety glasses Skin and body protection : Wear as appropriate: Safety shoes Wear resistant gloves(consult your safety equipment supplier). Hygiene measures : Avoid breathing dust. SECTION 9. PHYSICAL AND CHEMICAL PROPERTIES Appearance : solid Colour : white 4/12 soL`1 IIs. Page: 5 Strang bonds.Trusted solutions SAFETY DATA SHEET Revision Date: 08/22/2022 Print Date: 06/20/2024 SDS Number: 000000278826 PraestolTM 859 BS KF-NC FLOCCULANT Version: 1.1 TM Trademark, Solenis or its subsidiaries or affiliates, registered in various countries 887472 Odour • No data available Odour Threshold : No data available pH : No data available Melting point/freezing point : No data available Boiling point/boiling range : No data available Flash point No data available Evaporation rate : No data available Flammability(solid, gas) : No data available Not combustible Dust Self-ignition : No data available Upper explosion limit/Upper : No data available flammability limit Lower explosion limit/Lower : No data available flammability limit Vapour pressure : No data available Relative vapour density : No data available Relative density : No data available Density : No data available Bulk density : 500-750 kg/m3 Solubility(ies) Water solubility : soluble Solubility in other solvents : No data available Partition coefficient: n- : No data available octanol/water Decomposition temperature : >932°F/>500°C Viscosity 5/12 •%SOLe1 1I5. Page:6 Strong bonds.Trusted solutions. SAFETY DATA SHEET Revision Date: 08/22/2022 Print Date: 06/20/2024 SDS Number: 000000278826 PraestolTM 859 BS KF-NC FLOCCULANT Version 1.1 TM Trademark, Solenis or its subsidiaries or affiliates, registered in various countries 887472 Viscosity, dynamic : >500 cps(68°F/20°C) Viscosity, kinematic : No data available Explosive properties : Not explosive Oxidizing properties The substance or mixture is not classified as oxidizing. SECTION 10. STABILITY AND REACTIVITY Reactivity : No decomposition if stored and applied as directed. Chemical stability : Stable under recommended storage conditions. Possibility of hazardous : Product will not undergo hazardous polymerization. reactions Conditions to avoid : Heat,flames and sparks. Keep away from heat,flame, sparks and other ignition sources Incompatible materials : Acids Chlorine Metals nitrates Strong bases Strong oxidizing agents strong reducing agents Hazardous decomposition : Carbon monoxide products Carbon dioxide (CO2) Nitrogen oxides(NOx) acid vapors Ammonia SECTION 11. TOXICOLOGICAL INFORMATION Acute toxicity Not classified based on available information. Components: ORGANIC ACID: Acute oral toxicity : LD50(Rat): 3 g/kg Skin corrosion/irritation Not classified based on available information. 6/12 so1 enls. Page: 7 Strong bonds.Trusted solutions. SAFETY DATA SHEET Revision Date: 08/22/2022 Print Date: 06/20/2024 SDS Number: 000000278826 PraestolTM 859 BS KF-NC FLOCCULANT Version 1 1 TM Trademark, Solenis or its subsidiaries or affiliates, registered in various countries 887472 Components: ORGANIC ACID: Result : Slightly irritating to skin AMIDE: Result : Not irritating to skin Serious eye damage/eye irritation Not classified based on available information. Product: Remarks : Unlikely to cause eye irritation or injury. Product dust may be irritating to eyes, skin and respiratory system. Components: ORGANIC ACID: Result : Severely irritating to eyes AMIDE: Result : Not irritating to eyes Respiratory or skin sensitisation Skin sensitisation Not classified based on available information. Respiratory sensitisation Not classified based on available information. Germ cell mutagenicity Not classified based on available information. Components: AMIDE: Genotoxicity in vitro : Test Type: Ames test Result: negative Carcinogenicity Not classified based on available information. IARC No component of this product present at levels greater than or equal to 0.1% is identified as probable, possible or confirmed human carcinogen by IARC. OSHA No component of this product present at levels greater than or equal to 0.1% is on OSHA's list of regulated carcinogens. NTP No component of this product present at levels greater than or equal to 0.1% is 7/12 C SOLe1 1Is. Page: 8 Strong bonds.Trusted solutions. SAFETY DATA SHEET Revision Date: 08/22/2022 Print Date: 06/20/2024 SDS Number: 000000278826 PraestolTM 859 BS KF-NC FLOCCULANT Version. 1.1 TM Trademark, Solenis or its subsidiaries or affiliates, registered in various countries 887472 identified as a known or anticipated carcinogen by NTP. Reproductive toxicity Not classified based on available information. STOT-single exposure Not classified based on available information. Components: ORGANIC ACID: Assessment : May cause respiratory irritation. STOT-repeated exposure Not classified based on available information. Aspiration toxicity Not classified based on available information. Further information Product: Remarks : No data available SECTION 12. ECOLOGICAL INFORMATION Ecotoxicity Product: Ecotoxicology Assessment Acute aquatic toxicity : Acute aquatic toxicity Category 2;Toxic to aquatic life. Chronic aquatic toxicity . Not classified based on available information. Components: ORGANIC ACID: Toxicity to fish : LC50(Carassius auratus (goldfish)): 440-706 mg/I Exposure time: 96 h AMIDE: Toxicity to fish : LC50(Leuciscus idus(Golden orfe)): >6,810 mg/I Exposure time: 96 h LC50(Poecilia reticulata (guppy)): 17,500 mg/I Exposure time: 96 h Toxicity to daphnia and other : EC50 (Daphnia magna (Water flea)): 3,910 mg/I aquatic invertebrates Exposure time: 48 h 8/12 o SOLG1 IIS. Page: 9 Strong bonds.Trusted solutions SAFETY DATA SHEET Revision Date: 08/22/2022 Print Date: 06/20/2024 SDS Number: 000000278826 PraestolTM 859 BS KF-NC FLOCCULANT Version 1.1 TM Trademark, Solenis or its subsidiaries or affiliates, registered in various countries 887472 Method: Static Persistence and degradability Components: AMIDE: Biodegradability : Remarks: Expected to be ultimately biodegradable Bioaccumulative potential Components: AMIDE: Bioaccumulation : Species: Green algae(Chlorella fusca vacuolata) Bioconcentration factor(BCF): 11,700 Exposure time: 24 h Concentration. 0.05 mg/I Method: Static Partition coefficient: n- . log Pow: -2.11 octanol/water Mobility in soil No data available Other adverse effects Product: Additional ecological : An environmental hazard cannot be excluded in the event of information unprofessional handling or disposal. Toxic to aquatic life. SECTION 13. DISPOSAL CONSIDERATIONS Disposal methods Waste from residues : The product should not be allowed to enter drains,water courses or the soil. Dispose of in accordance with all applicable local, state and federal regulations. Contaminated packaging : Empty remaining contents. Dispose of as unused product. Empty containers should be taken to an approved waste handling site for recycling or disposal. 9/12 soLenIs. Page: 10 Strong bonds.Trusted solutions SAFETY DATA SHEET Revision Date: 08/22/2022 Print Date: 06/20/2024 SDS Number: 000000278826 PraestolTM 859 BS KF-NC FLOCCULANT Version 1.1 TM Trademark, Solenis or its subsidiaries or affiliates, registered in various countries 887472 SECTION 14.TRANSPORT INFORMATION International Regulations IATA-DGR Not regulated as a dangerous good IMDG-Code Not regulated as a dangerous good Transport in bulk according to Annex II of MARPOL 73/78 and the IBC Code Not applicable for product as supplied. National Regulations 49 CFR Not regulated as a dangerous good Special precautions for user The transport classification(s) provided herein are for informational purposes only, and solely based upon the properties of the unpackaged material as it is described within this Safety Data Sheet.Transportation classifications may vary by mode of transportation, package sizes, and variations in regional or country regulations. SECTION 15. REGULATORY INFORMATION EPCRA-Emergency Planning and Community Right-to-Know Act SARA 302 Extremely Hazardous Substances Threshold Planning Quantity This material does not contain any components with a section 302 EHS TPQ SARA 311/312 Hazards : No SARA Hazards SARA 313 . This material does not contain any chemical components with known CAS numbers that exceed the threshold (De Minim's) reporting levels established by SARA Title III, Section 313. California Prop. 65 Proposition 65 warnings are not required for this product based on the results of a risk assessment performed on the product as delivered and when used as intended. The components of this product are reported in the following inventories: TCSI : On the inventory, or in compliance with the inventory TSCA : All substances listed as active on the TSCA inventory AIIC : All components are listed on the inventory, regulatory obligations/restrictions apply DSL : All components of this product are on the Canadian DSL 10/12 SOI.C'fI5. Page: 11 Strong bonds.Trusted solutions Revision Date: 08/22/2022 SAFETY DATA SHEET Print Date: 06/20/2024 SDS Number: 000000278826 PraestolTM 859 BS KF-NC FLOCCULANT Version. 1.1 TM Trademark, Solenis or its subsidiaries or affiliates, registered in various countries 887472 ENCS : On the inventory, or in compliance with the inventory KECI : On the inventory, or in compliance with the inventory PICCS : On the inventory, or in compliance with the inventory IECSC : On the inventory, or in compliance with the inventory TSCA list No substances are subject to a Significant New Use Rule. No substances are subject to TSCA 12(b)export notification requirements. SECTION 16. OTHER INFORMATION Further information Revision Date : 08/22/2022 Full text of H-Statements H319 : Causes serious eye irritation. H335 : May cause respiratory irritation. Full text of other abbreviations Eye Irrit. • Eye irritation STOT SE : Specific target organ toxicity- single exposure US WEEL : USA.Workplace Environmental Exposure Levels(WEEL) US WEEL/TWA : 8-hr TWA AMC - Australian Inventory of Industrial Chemicals; ASTM - American Society for the Testing of Materials; bw - Body weight; CERCLA - Comprehensive Environmental Response, Compensation, and Liability Act; CMR - Carcinogen, Mutagen or Reproductive Toxicant; DIN - Standard of the German Institute for Standardisation; DOT - Department of Transportation; DSL- Domestic Substances List (Canada); ECx - Concentration associated with x% response; EHS - Extremely Hazardous Substance, ELx - Loading rate associated with x% response; EmS - Emergency Schedule; ENCS - Existing and New Chemical Substances (Japan); ErCx - Concentration associated with x% growth rate response; ERG - Emergency Response Guide; GHS - Globally Harmonized System; GLP - Good Laboratory Practice; HMIS - Hazardous Materials Identification System; IARC - International Agency for Research on Cancer; IATA - International Air Transport Association; IBC - International Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk; IC50 - Half maximal inhibitory concentration; ICAO - International Civil Aviation Organization; IECSC - Inventory of Existing Chemical Substances in China; IMDG - International Maritime Dangerous Goods; IMO - International Maritime Organization; ISHL - Industrial Safety and Health Law (Japan); ISO - International Organisation for Standardization; KECI - Korea Existing Chemicals Inventory; LC50 - Lethal Concentration to 50 °A) of a test population; LD50 - Lethal Dose to 50% of a test population (Median Lethal Dose); MARPOL - International Convention for the Prevention of Pollution from Ships; MSHA - Mine Safety and Health Administration; n.o.s. - Not Otherwise Specified; NFPA- National Fire Protection Association; NO(A)EC - No Observed (Adverse) Effect 11 /12 ,.SOLenis. Page: 12 Strong bonds.Trusted solutions. SAFETY DATA SHEET Revision Date: 08/22/2022 Print Date: 06/20/2024 SDS Number: 000000278826 PraestolTM 859 BS KF-NC FLOCCULANT Version 1.1 TM Trademark, Solenis or its subsidiaries or affiliates, registered in various countries 887472 Concentration; NO(A)EL - No Observed (Adverse) Effect Level; NOELR - No Observable Effect Loading Rate; NTP- National Toxicology Program; NZIoC- New Zealand Inventory of Chemicals; OECD - Organization for Economic Co-operation and Development; OPPTS - Office of Chemical Safety and Pollution Prevention; PBT - Persistent, Bioaccumulative and Toxic substance; PICCS - Philippines Inventory of Chemicals and Chemical Substances; (Q)SAR - (Quantitative) Structure Activity Relationship; RCRA - Resource Conservation and Recovery Act; REACH - Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals; RQ - Reportable Quantity; SADT - Self- Accelerating Decomposition Temperature; SARA - Superfund Amendments and Reauthorization Act; SDS - Safety Data Sheet; TCSI - Taiwan Chemical Substance Inventory; TECI - Thailand Existing Chemicals Inventory; TSCA -Toxic Substances Control Act(United States); UN - United Nations; UNRTDG - United Nations Recommendations on the Transport of Dangerous Goods; vPvB-Very Persistent and Very Bioaccumulative Sources of key data used to compile the Safety Data Sheet Key literature references and sources of data SOLENIS Internal data SOLENIS internal data including own and sponsored test reports The UNECE administers regional agreements implementing harmonised classification for labelling(GHS) and transport. The information provided in this Safety Data Sheet is correct to the best of our knowledge, information and belief at the date of its publication. The information given is designed only as a guidance for safe handling, use, processing, storage, transportation, disposal and release and is not to be considered a warranty or quality specification. The information relates only to the specific material designated and may not be valid for such material used in combination with any other materials or in any process, unless specified in the text. This SDS has been prepared by the Solenis Environmental Health and Safety Department. US/EN 12/12 Arlill BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.N. For Meeting of: September 3, 2024 ITEM TITLE: Resolution authorizing award of Bid 12421 and execution of an agreement with Solenis LLC, to purchase Cationic Polymer Flocculant. SUBMITTED BY: Susan Knotts, Buyer II *Mike Price, Wastewater Manager SUMMARY EXPLANATION: Purchasing facilitated the procurement process for Bid 12421 Cationic Polymer Flocculant for the Wastewater Treatment Plant. Cationic Polymer is used in wastewater treatment to attract negatively charged particles such as dirt, organic materials and certain microbes to form clumps of solids so they can be removed. Purchasing posted a Notice to Bidders on the City of Yakima website, through Purchasing's E- Procurement system Public Purchase.com and in the Yakima Herald Republic on May 28 and 30, 2024, with all responses due on June 20, 2024, at 2:00 PM in the City Council Chambers where Bids were read aloud publicly. There was a total of 6 Bid responses with two Vendors submitting bids for two different products. Four responses were deemed responsive, one response was a No-Bid, and one response was deemed non- responsive due to the bid submittal not including the follow four required documents: • Signature Page • Technical Specifications Analysis Form • Bid Form • Bidder Questionnaire The Wastewater Treatment Plant then conducted centrifuge trials on all the responsive bids verifying the effectiveness of each product. The test results showed that PRAESTOL 859 BS KF-NC from Solenis LLC tested withing the required limits using the least amount of product, 24 lbs. per dry ton, making it the lowest cost option. ITEM BUDGETED: Yes STRATEGIC PRIORITY 24-25: A Safe and Healthy Yakima RECOMMENDATION: Adopt Resolution ATTACHMENTS: Resolution Award 12421.docx 1 Agreement& Exhibits_12421.pdf Ta b_Awa rd i n g_12421.pd f 2 AWARDING Tabulation j �';, Project: Cationic Polymer Flocculant Quote Opening: June 20,2024 @ 2:00 PM 's,".d' s Project No.: 12421 1 D1,11191 4 + ''ti:', .. Contract Term: 1-Yr with possible four 1-yr extensions Approval:City Hager Date ''' Project Manager: Raymond Scott,Process Control Supervisor AWARD AND REASON THEREFORE: Vendor Name I recommend award to Solenis for PRAESTOL 859 BS KF-NC due to their bid being the most responsive bid, lowest price overall after testing,from a responsible Nalco Polydyne Inc Polydyne Inc Vendor ) NONRESPONSIVE Bid#1 Bid#2 Solenis LLC Solenis LLC USALCO,LLC. g—f h c Y� 21/20Z+ BUYER TE No. Description Qty. Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Cationic Polymer Flocculent shall be a high to medium charge,non- dusting powerder furnished in 700 65,000 Lbs. $0 00 $1.75 $113,750.00 $1.75 $113,750.00 $2.48 $161,200.00 $2.15 $139,750.00 No Bid KG(1,600 lb)tay bags/sacks or 25 1 KG(55 lb.)bags as specificed. Freight: Included Included Included Included Included Included FOB Destination WA State Sales Tax: $0 00 $9,441.25 $9,441.25 $13,379.60 $11,599.25 N/A Destination Based @ 8.3% Grand Total Base Quote: $0 00 $123,191.25 $123,191.25 $174,579.60 $151,349.25 N/A TEST RESULTS N/A 39 lbs/dry ton=$68.25 31 lbs/dry ton=$54.25 Failed Test-Never 24 lbs/dry ton=$51.60 N/A established a seal Delivery Time. 10 Days 10 Days 10 Days 10 Days Max 10 Business Days ARO (1)Super Sack(1650 lb.) (1)Super Sack(1650 Ib) (1)700KG SSK (1)700KG SSK Minimum Order Quantity: Bag Bag Supersack or(40)25KG Supersack or(40)25KG Bags Bags Manufacturer CLARIFLOC WE-2769 CLARIFLOC WE-2768 ZETAG 8190 SSK NA PRAESTOL 859 BS KF- 700KG NC SSK 700KG Packaging 1650 lb.Bag 1650 lb.Bag 700KG Supersack 700KG Supersack Payment Discount/Terms. 0%/Net 30 Days 0%/Net 30 Days 0%/Net 30 Days 0%/Net 30 Days Discount of list price on other items: 0.00 0.00 0.00 0.00 Nonresponsive Meets at Technical Meets at Technical Meets all Technical Meets all Technical Unfortunately USALCO is Incomplete Bid response Specifications Analysis Specifications Analysis Specifications Analysis Specifications Analysis unable to offer services as a Missing potential supplier at this time 1)Signature Page Anticipate in the future that we Comments 2)Technical Specifications wit be withr manufacunng and Analysis distnbuting the chemicals 3)Bid Form requred Interested in future 4)Bidder Questionnaire opportunities and want to stay on the bidders list Recommendation of Award Date: August 13, 2024 To: Susan Knotts, Buyer II From: Raymond Scott Subject: Recommendation of Award for Bid No: 12421 Cationic Polymer Flocculant I recommend award for the following reasons: Item # Vendor Item Description Reason 1 Solenis PRAESTOL 859 BS KF- Testing results showed 24/lbs per dry ton, making it the lowest cost option. NC Additionally, this product is available in supersacks and 551b bags. Division Manager ate Depar ent Manager/Di for ate /�'• , 7,7 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.J. For Meeting of: October 15, 2024 ITEM TITLE: Resolution authorizing award of Bid 12421 and execution of an agreement with Solenis LLC, to purchase Cationic Polymer Flocculant SUBMITTED BY: Scott Schafer, Public Works Director *Mike Price, Wastewater Manager Susan Knotts, Buyer II SUMMARY EXPLANATION: The Purchasing Division facilitated the procurement process for Bid 12421 Cationic Polymer Flocculant for the Wastewater Treatment Plant. The use of polymer in biosolids processing greatly reduces the cost of biosolids hauling by removing excess water from the biosolids. Purchasing posted a Notice to Bidders on the City of Yakima website, through Purchasing's E- Procurement system Public Purchase.com and in the Yakima Herald Republic on May 28 and 30, 2024, with all responses due on June 20, 2024, at 2:00 PM in the City Council Chambers where Bids were read aloud publicly. There was a total of 6 Bid responses with two Vendors submitting bids for two different products. Four responses were deemed responsive, one response was a No-Bid, and one response was deemed nonresponsive due to the bid submittal not including the following four required documents: • Signature Page • Technical Specifications Analysis Form • Bid Form • Bidder Questionnaire The Wastewater Treatment Plant and responsive vendors then conducted biosolids dewatering trials on the respective polymers to evaluate the effectiveness of each product. The test results showed that PRAESTOL 859 BS KF-NC from Solenis LLC tested within the required limits using the least amount of product, 24 lbs. per dry ton of biosolids, making it the lowest cost option. The Agreement is attached for City Council review. ITEM BUDGETED: Yes STRATEGIC PRIORITY 24-25: A Safe and Healthy Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Resolution_Award_12421.docx Agreement & Exhibits_12421.pdf Tab Awarding_12421.pdf 44