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HomeMy WebLinkAboutR-2025-006 Resolution authorizing award for Quote 22408 and agreements with Pelican Chemicals and Two Rivers Terminal to provide de-icer products for the Yakima Air Terminal RESOLUTION NO. R-2025-006 A RESOLUTION authorizing award for Quote 22408 and agreements with Pelican Chemicals and Two Rivers Terminal to provide Runway Deicer for the Yakima Air Terminal. WHEREAS, the City solicited quotes via an informal quote process under Quote No. 22408, titled Runway Deicer. Quotes were solicited to provide solid and liquid deicing chemicals for the Yakima Air Terminal runways; and WHEREAS, Quotes were due September 5, 2024 at 2:00:00 PM PST; Quotes that were timely received were opened in the Purchasing Division, located in City of Yakima, City Hall, Yakima, Washington and are included on the attached Quote tabulation; and WHEREAS, all responsive Quotes were sent to the Yakima Air Terminal for their concurrence of award, followed by approval from the city Purchasing Manager; and WHEREAS, an award per schedule is recommended, as it is the best overall value to the city. Pelican Chemicals and Two Rivers Terminal were the only responsive Quotes received, by responsible bidders; and WHEREAS, the Scope of Work and Budget for these products meet the needs and requirements of the Yakima Air Terminal, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Quote No. 22408 is hereby awarded and the City Manager is hereby authorized to execute Contracts with Pelican Chemicals and Two Rivers Terminal, attached hereto and incorporated herein by this reference, the estimated amount of the award is $200,000 for the term on the contract. ADOPTED BY THE CITY COUNCIL this 7th day of January, 2025. u / /eP %=;�S VAKI/yq h: �� Patricia Byers,,Mayor ATTEST: 3 i • 0 .. � EAL' l,,, h. i f. , is t• !lI 1%.95_ 'ZOO= "osalinda lbarra, City Clerk ‘‘``""""- AGREEMENT CITY OF YAKIMA QUOTE 22408 Runway Deicer THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation ("City"), and Pelican Chemicals, Inc., ("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 Quote 22408 Runway De-icer Specifications which are attached as Exhibit A, all of which is incorporated herein by this reference, and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. 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 Quote 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 four (4) 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. 7. Inspection and Production of Records a. The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the City, but the making of(or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non- complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe, and 22408 Agreement-Runway Deicer Page 1 of 7 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.They must be produced to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to Contractor's services under this Contract must be retained by Contractor for the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule. d. The terms of this section shall survive any expiration or termination of this Contract. 8. Compliance with Law Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. Contractor shall procure and have all applicable and necessary permits, licenses and approvals of any federal, state, and local government or governmental authority or this project, pay all charges and fees, and give all notices necessary and incidental to the due and lawful execution of the work. a. Procurement of a City Business License. Contractor must procure a City of Yakima Business License and pay all charges,fees, and taxes associated with said license. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as required in Title 85 RCW. b. 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). c. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50 RCW. d. Foreign (Non-Washington) Corporations: Although the City does not require foreign corporate proposers to qualify in the City, County or State prior to submitting a proposal, it is specifically understood and agreed that any such corporation will promptly take all necessary measures to become authorized to conduct business in the City of Yakima at their own expense, without regard to whether such corporation is actually awarded the contract, and in the event that the award is made, prior to conducting any business in the City. 9. Nondiscrimination Provision During the performance of this Contract,the Contractor agrees as follows: The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, sexual orientation, gender identity, pregnancy, veteran's status, political affiliation or belief, or the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act(42 USC 12101 et seq.). This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of Services under this Agreement. Contractor agrees to comply with the applicable provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and regulations. 22408 Agreement-Runway Deicer Page 2 of 7 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 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. 10. Pay Transparency Nondiscrimination Provision: The Contractor will not discharge or in any other manner discriminate against employees or applicants because they have inquired about, discussed,or disclosed their own pay or the pay of another employee or applicant. However,employees who have access to the compensation information of other employees or applicants as a part of their essential job functions cannot disclose the pay of other employees or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure is (a) in response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or(c)consistent with the contractor's legal duty to furnish information. 11. Indemnification and Hold Harmless a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or property. The Contractor agrees to release, indemnify, defend, and hold harmless the City, its elected and appointed officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers from all liabilities, losses, damages, and expenses related to all claims, suits, arbitration actions, investigations, and regulatory or other governmental proceedings arising from or in connection with this Agreement or the acts, failures to act, errors or omissions of the Contractor,or any Contractor's agent or subcontractor, in performance of this Agreement. b. Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. Contractor shall require that its subcontractors, and anyone directly or indirectly employed or hired by Contractor, and anyone for whose acts Contractor may be liable in connection with its performance of this Agreement, comply with the terms of this paragraph, waive any immunity granted under Title 51 RCW, and assume all potential liability for actions brought by their respective employees. The Parties acknowledge that they have mutually negotiated this waiver. c. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, shall be only to the extent of the Contractor's negligence. d. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any third party. e. The terms of this Section shall survive any expiration or termination of this Contract. 12. Contractor's Liability Insurance At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect insurance to protect the City and Contractor from and against any and all claims, damages, losses, and expenses arising out of or resulting from the performance of this Contract. 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. 22408 Agreement-Runway Deicer Page 3 of 7 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 ($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-VI' 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. 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. 13. Severability If any term or condition of this Contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms,conditions or applications which can be given effect without the invalid term,condition or application.To this end, the terms and conditions of this Contract are declared severable. 22408 Agreement-Runway Deicer Page 4 of 7 14. Contract Documents This Contract, the Invitation to Quote 22408, Scope of Work, conditions, addenda, and modifications and Contractor's proposal (to the extent consistent with City of Yakima documents) constitute the Contract Documents and are complementary. Specific Federal and State laws and the terms of this Contract, in that order respectively, supersede other inconsistent provisions. These Contract Documents are on file in the Office of the Purchasing Manager, 129 No. 2nd St., Yakima, WA, 98901, and are hereby incorporated by reference into this Contract. 15. Termination Termination for Cause In the event the Contractor breaches this Contract, the City may terminate the Contract at its sole discretion in such event that it provides the Contractor with written notice of Contractor's breach and the Contractor fails to cure its breach within 30 days of this notice. In the event of the City breaches this Contract, the Contractor may terminate the Contract at its sole discretion in such event that it provides the City with written notice of City's breach and the City fails to cure its breach of the Contract within 60 days of this notice. The following represents a non-exclusive, illustrative list of instances that shall be considered a breach by the Contractor: a. Defaults on an obligation under the Contract; b. Fails to perform any material obligation required under the Contract; c. Files a petition in bankruptcy,becomes insolvent, or otherwise takes action to dissolve as a legal entity; d. Allows any final judgment not to be satisfied or a lien not to be disputed after a legally-imposed, 30-day notice; e. Makes an assignment for the benefit of creditors; f. Fails to follow the sales and use tax certification requirements of the State of Washington; g. Incurs a delinquent Washington tax liability; h. Becomes a State or Federally debarred Contractor; i. Is excluded from federal procurement and non-procurement Contracts; j. Fails to maintain and keep in force all required insurance, permits and licenses as provided in the Contract; k. Fails to maintain the confidentiality of the City information that is considered to be Confidential Information, proprietary,or containing Personally Identifiable Information; I. Contractor performance threatens the health or safety of a City, County or municipal employee;or Termination for Convenience The City may terminate the Contract, without cause, by providing 30 days written notice of termination. In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the Contract. The Contractor shall also be compensated for partially completed services. In this event, compensation for such partially completed services shall be no more than the percentage of completion of the services requested, at the sole discretion of the City, multiplied by the corresponding payment for completion of such services as set forth in the Contract.Alternatively, at the sole discretion of the City,the Contractor may be compensated for the actual service hours provided.The City shall be entitled to a refund for goods or services paid for but not received or implemented, such refund to be paid within 30 days of written notice to the Contractor requesting the refund. Change in Funding In addition to the above termination provisions, if the funds upon which the City relied to establish this Contract are withdrawn, reduced, or limited, or if additional or modified conditions are placed on such funding, the City may terminate this Contract by providing at least five business days written notice to the Contractor. The termination shall be effective on the date specified in the notice of termination. 16. Dispute Resolution In the event that any dispute shall arise as to the interpretation of this agreement, or in the event of a notice of default as to whether such default does constitute a breach of the contract, and if the parties hereto cannot mutually settle such differences, then the parties 22408 Agreement-Runway Deicer Page 5 of 7 shall first pursue mediation as a means to resolve the dispute. If the afore mentioned methods are either not successful then any dispute relating to this Agreement shall be decided in the courts of Yakima County, in accordance with the laws of Washington. If both parties consent in writing,other available means of dispute resolution may be implemented. 17. Re-Award When the contract is terminated by the Contractor upon providing the written notice as herein required, the City, pursuant to City ordinance, may re-award the contract to the next most responsible Proposer within 120 days from original award. When a Contractor is unable to supply goods and/or services to the City and is in breach of the contract, or when the contract is terminated by the City for cause as herein provided, the City reserves the right to re-award the contract to the next most responsible Proposer within 120 days from original award. 18. Force Majeure Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics/pandemics, war, riot, delay in transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of such pending or actual delay. Normally, in the event or any such delays (acts or God, etc.) the date of delivery will be extended for a period equal to the time lost due to the reason for delay. 19. Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 20. Venue The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competent jurisdiction in Yakima County, Washington. 21. Authority The person executing this Contract,on behalf of Contractor, represents and warrants that they have been fully authorized by Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms, performances and provisions of this Contract. 22. Notice of Change in Financial Condition If, during the Contract Term, the Contractor experiences a change in its financial condition that may affect its ability to perform under the Contract, or experiences a change of ownership or control, the Contractor shall immediately notify the City in writing. Failure to notify the City of such a change in financial condition or change of ownership or control shall be sufficient grounds for Contract termination. 23. Change or Notice Any alterations, including changes to the nature of the service, made to the Contract shall be rendered in writing and signed by both responsible parties; no changes without such signed documentation shall be valid. No alterations outside of the general scope and intent of the original Request for Proposals or in excess of allowable and accepted price changes shall be made. In no event shall the Contractor be paid or be entitled to payment for services that are not authorized herein or any properly executed amendment. Notice of Business Changes: Contractor shall notify the City in writing within three(3) business days of any change in ownership of the facilities of the Contractor or of the facilities of any subcontractor. The Contractor shall notify the City in writing as soon as possible, and in no event later than three (3) business days, after any decision by the Contractor to change or discontinue service that will affect services provided to the City under this Contract. The City shall have the right to renegotiate the terms and conditions of this Contract to the extent required to accommodate a change in governing law or policy that, in the sole discretion of the City, either substantially and unreasonably enlarges the Contractor's duties hereunder, or renders performance, enforcement or compliance with the totality of the Contract impossible, patently unreasonable, or unnecessary. Notices and demands under and related to this Contract shall be in writing and sent to the parties at their addresses as follows: 22408 Agreement-Runway Deicer Page 6 of 7 TO CITY: City of Yakima Purchasing TO CONTRACTOR: Pelican Chemicals, Inc. Christina Payer. Buyer II 5920 Sandpiper Dr. 129 N 2nd Street Missoula, MT 59808 Yakima,WA 98901 24. Survival The foregoing sections of this Contract, 1-24 inclusive, shall survive the expiration or termination of this Contract in accordance with their terms. IN WITNESS WHEREOF,the parties hereto execute this Contract as of the day and year first above written. CITY OF YA PELICAN CHEMICALS,INC. Digitally signed by Sara Sara Biddle Dade'20241213 By: 08.29 50-07'00' Cit anageerr , Date: (.lam�,L . 1 ?-f) 5 Date: CITYCONTRACT NO Sara Biddle RLSOLUTION NO ���•� Attest 1 / .. i..•sl AK!Mq\\��1Print name) -. •, ,i_ �. .. < .1 SEAL:: 1,SNINCa�� List of Exhibits attached to this contract Exhibit A—Specifications Exhibit B—Contractor's Quote Form 22408 Agreement-Runway Deicer Page 7 of 7 EXHIBIT A - SPECIFICATIONS ^r �� !si �k ' CITY OF YAKIMA INVITATION TO QUOTE # 22408 Vs. SIGNATURE SHEET MUST BE SUBMITTED WITH YOUR QUOTE RESPONSE THIS IS NOT AN ORDER QUOTE Release Date August 21,2024 Quote Receipt: Quotes may be mailed. If mailed,envelope must be sealed and plainly marked with the Quote Number 22408,due date,time,and the words"DO NOT OPEN"and delivered to the address listed below. Deliver to: City of Yakima Purchasing Division Yakima City Hall, 2nd Floor 129 North Second Street Yakima, WA 98901 Quote Openings Are Not Public. Purchasing For Buyer in charge of this procurement(Contact for further information): Yakima Air Terminal/McAllister Field Linda Kuntz, Buyer 1 2406 W Washington Ave., Suite B Yakima, WA 98902 Quotes Must be submitted by. Phone E-Mail Address September 5, 2024 @ 2 PM PST (509) 249-6863 Linda.kuntz@yakimawa.gov PROJECT DESCRIPTION SUMMARY Runway Deicer Enter Prompt Payment Discount. %net days We/I will complete delivery within days after receipt of order. Delivery Details: FOB Destination, Freight Prepaid, Inside Delivery required ❑Check if you are a WMBE or DBE Vendor and list certification Number: ❑ I hereby acknowledge receiving addendum(a) , (use as many spaces as addenda received) In signing this Quote 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 Quote;that this Quote has been independently arrived at without collusion with any other Bidder, competitor or potential competitor;that this Quote has not been knowingly disclosed prior to the opening of Quotes 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 Quote and all terms of our Quote. Company Name Company Address Name of Authorized Company Representative(Type or Print) Title Phone ( Fax ( ) Signature of Above Date Email Address 22408 Runway Deicer Page 1 of 16 Contents Contents 2 1. Purpose 4 2. Contracting Agency and Point of Contact 4 3. New and Unused 4 4. Best Modern Practices 4 5. Equal/Approved Equal 4 6. Exceptions 4 7. More or Less 4 8. Published List Prices 5 9. Delivery/Completion 5 10. Delivery Acceptance 5 11. Delivery of Unapproved Substitutions 5 12. Contract Term 5 13. Pricing and Discount 5 14. Price Clarifications 6 15. Price Increases 6 16. Price Decreases 7 17. Expansion Clause 7 18. Warranty 7 19. Warranty Coverage 7 20. Permits 7 21. Regulations and Codes 7 22. Prompt Payment 8 23. Payments 8 24. Payment Method-Credit Card Acceptance 8 25. Acceptance of Terms 8 26. Sales Tax 8 27. Tax Revenues 8 28. Clarifications and/or Revisions to Specification and Requirements 8 29. Incurring Costs 9 30. No Obligation to Contract. 9 31. Retention of Rights 9 32. Points Not Addressed 9 33. Other City Departments/Like Items Added 9 34. Materials Bought from Different Supplier 9 35. Re-Award 10 36. Errors and Omissions 10 22408 Runway Deicer Page 2 of 16 37. Changes 10 II. SPECIAL TERMS AND CONDITIONS 10 1. Solid Deicing Products 10 2. Fluid Deicing Products 10 3. SAE Report 10 4. Material Safety Data Sheets 10 III. QUOTE PREPARATION AND SUBMISSION 11 1. General Instructions 11 2. Submitting a Quote 11 3. Prohibition of Bidder Terms & Conditions 11 4. Multiple Quotes 11 5. Withdrawal of Quotes 11 IV. BIDDERS CHECKLIST 11 V. EVALUATION AND CONTRACT AWARD 12 1. Quote Evaluation 12 2. Offer in Effect for Ninety (90) Days 12 3. Protest Procedure 12 4. Sample Contract and Terms and Conditions 13 VI. QUOTE FORM 14 ATTACHMENT A—FAA SAE SPECIFICATIONS 15 VII. SAMPLE CONTRACT 16 22408 Runway Deicer Page 3 of 16 II GENERAL INFORMATION 1. Purpose It is the intent and purpose of these specifications to describe Runway Deicer in sufficient detail to secure quotes on comparable units, equipment parts and material. All parts, which are necessary in order to provide a complete unit, ready for operation, shall be included in the Quote and shall conform in strength, quality of workmanship and material to that which is usually provided the trade in general. Any variance from the specifications or standards of quality must be clearly pointed out in writing by the Bidder. 2. Contracting Agency and Point of Contact This QUOTE is issued by the City of Yakima Purchasing Division. The person responsible for managing this QUOTE process from beginning to end is the Buyer listed on page 1 of this solicitation. From the date of release of this QUOTE 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 QUOTE shall be made through the Buyer listed on page 1. Contact with other City personnel regarding this QUOTE is not permitted during the procurement process and violation of these conditions may be considered sufficient cause for rejection of a Quote and disqualification of the Bidder. 3. 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. Equipment design shall have sufficient excess capacity for durability and safety. 4. 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. 5. 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 equipment Quote on the Quote form. Any equipment proposed as an equal to that herein specified must be substantiated with supporting data to justify such request for substitution. 6. Exceptions Specifications of the equipment Quote 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 Quote submitted without exceptions will be required to meet every detail of these specifications regardless of cost to the successful bidder, including the cost to meet the insurance requirements. Where "NO EXCEPTIONS" are shown, none will be allowed. No exceptions will be considered that may tend to devalue the equipment or give an individual bidder who is offering a lesser item a distinct advantage. 7. More or Less Quantities are estimated only and shall be Quote on a MORE OR LESS basis. For the purpose of comparison, Quotes shall be made in the quantities listed in this specification. Listed quantities shall 22408 Runway Deicer Page 4 of 16 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. 8. Published List Prices If applicable, a copy of your published list prices shall be included in the Quote package. Each Bidder shall Quote a percentage discount based on this published list in the space provided on the Price /Cost Sheet. It is understood that the discount quoted on this Quote shall be based on the attached published list price and these shall be the prices paid during the life of the contract. 9. Delivery/Completion Each Vendor is required to list on the Quote 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/completion is important and will be considered in the evaluation of the Quotes. Failure to include a specific number of calendar days may be sufficient grounds for rejection of Quote. 10. Delivery Acceptance Delivery will be accepted by the City of Yakima FOB Yakima Air Terminal McAllister Field, 3106 W Washington Avenue, Yakima, Washington 98903, FOB, between the hours of 6:00 a.m. to 4:00 pm, Monday through Friday. The successful Bidder's personnel making the delivery shall instruct City personnel in maintenance and proper operation of the equipment prior to their departure from the delivery site. All equipment shall have complete pre-delivery setup and service. 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 Quote list for a period of up to three (3) years. 12. Contract Term The period of this contract shall be for a period of one year from its effective date. Contract may be extended on the anniversary date for one (1) additional one (1) year periods, not to exceed three (3) years total. 13. Pricing and Discount Pricing: Pricing shall be prepared with the following terms. The successful Vendor shall provide and bear the expense of all equipment; work and labor of any sort whatsoever that may be required for the transfer of materials/product and completing the work provided for in this Quote 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 Quote price. All successful Vendors are subject to the minimum insurance requirements as outlined in the sample contract. VENDORS MUST INCORPORATE THE COST TO COMPLY WITH THE INSURANCE REQUIREMENTS IN THE QUOTE PRICE. Requests for lower insurance limits will be denied. Prices established in continuing agreements and term agreements may be lowered due to general 22408 Runway Deicer Page 5 of 16 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 Quote or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as stated on the Quote form. For any given item, the quantity multiplied by the unit price shall establish the extended price, the unit price shall govern in the Quote evaluation and contract administration. 15. Price Increases Requests for Rate Increases must be delivered to the Buyer listed on Page 1, 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 Quote 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 1, thirty (30) calendar days before the proposed effective date of the price increase, and shall be limited to fully documented cost increases to the Vendor which are demonstrated to be industry-wide. The conditions under which price increases may be granted shall be expressed in Quote documents and contracts or agreements. No other employee may accept a rate increase request on behalf of the City. Any invoice that is sent to the City with pricing above that specified by the City in writing within this Contract or specified within an official written change issued by Purchasing to this contract, shall be invalid. Payment of an erroneous invoice does not constitute acceptance of the erroneous pricing, and the City would seek reimbursement of the overpayment or would withhold such overpayment from future invoices. A. Discount from Manufacturer List Pricing: For all contract items that are priced as a discount below Manufacturer List prices, there shall be no changes to the discount rate throughout the life of the contract. As manufacturer list prices change, the net price to the City will automatically change in the same percentage as the discount rate to the City. B. Fixed Product Pricing: For product and supply contracts that provide on-going, multiple year supply. Original pricing shall be fixed and firm for the first year of the contract. Price requests are at the discretion of the Purchasing Manager; and must also be: a. The direct result of increases at the manufacturer's level (or if Bidder is a supplier of a raw material delivered directly to the City such as brass, the increase must be verified at the supplier level). b. Incurred after contract commencement date. c. Not produce a higher profit margin than that on the original contract. d. Clearly identify the items impacted by the increase. e. Be filed with Purchasing Manager a minimum of thirty (30) calendar days before the effective date of proposed increase. f. Be accompanied by detailed documentation acceptable to the Purchasing Manager sufficient to warrant the increase. g. Should not deviate from the original contract pricing scheme/methodology. 22408 Runway Deicer Page 6 of 16 The United States published indices such as the Producer Price Index or other government data may be referenced to help substantiate the Vendor'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 Vendor may provide a notice to cancel as outlined in the contract under Section 17, Termination for Convenience. The adjustment (if any) shall remain firm and fixed for at least 365 days after the effective date of the adjustment. 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. Vendor 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 Vendor 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. 22408 Runway Deicer Page 7 of 16 22. Prompt Payment Bidders are encouraged to offer a discount for prompt payment of invoice. Please indicate your discount proposal on page 1 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 Contractor shall submit properly completed invoice(s) to: City of Yakima Air Terminal, McAllister Field, 2400 W. Washington, Yakima, WA 98903 To ensure prompt payment each invoice should cite purchase order number, Quote number, description of item purchased, unit and total price, discount terms and include the Vendor'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. 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 Quote is the lowest and best Quote. 27. 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 Quote is the lowest Quote, after the tax revenue has been considered. 28. 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 QUOTE document. Unless instructions are specifically provided elsewhere in this document, any questions, exceptions, or additions concerning the subject matter of the QUOTE document(s) shall not be considered unless submitted via e-mail (no phone calls) to the Buyer listed on page 1, a minimum of five (5) business days prior to the submittal due date. 22408 Runway Deicer Page 8 of 16 In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this QUOTE, 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 QUOTE. If any requirements of the QUOTE are unacceptable to any prospective Bidder, they may choose not to submit a Quote. 29. Incurring Costs The City is not liable for any cost incurred by a Bidder in the process of responding to this QUOTE, 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 QUOTE. 30. No Obligation to Contract This QUOTE does not obligate the City to contract for service(s), or product(s) specified herein. City reserves the right to cancel or reissue this QUOTE 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. Quotes that stipulate that the City shall guarantee a specific quantity or dollar amount will be disqualified (e.g. "all-or-none".) 31. Retention of Rights The City retains the right to accept or reject any or all Quotes 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 Quote. All Quotes become the property of City upon receipt. All rights, title and interest in all materials and ideas prepared by the Bidder for the Quote to City shall be the exclusive property of City and may be used by the City at its option. 32. 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. 33. 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. 34. Materials Bought from Different Supplier Should the Vendor 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 Quote 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 Vendor holding the Quote 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 22408 Runway Deicer Page 9 of 16 Provided the Buyer listed on Page 1 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. 35. 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. 36. 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. 37. Changes Any proposed change in this contract shall be submitted in writing to the Buyer listed on Page 1 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. II. SPECIAL TERMS AND CONDITIONS 1. Solid Deicing Products a. The product must be sodium acetate, sodium formate or sodium formate/acetate-blend based b. The product must meet FAA approved specifications SAE AMS1431 E (or more current version). c. Solid deicing products must be available in metric-ton "super sacks" as well as pallets of 55-b bags (40 bags per pallet). 2. Fluid Deicing Products d. The product must be a non-glycol based fluid deicer, typically a potassium acetate based product. e. The product must meet the lasts FAA approved specifications SAE AMS1435D (or more current version). f. Fluid deicing products must be available by bulk tanker delivery. 3. SAE Report All vendors must supply a copy of the report by the SAE stating that the proposed product meets the indicated SAE standard. 4. Material Safety Data Sheets All vendors must provide specifications for the products bid as well as the required Material Safety Data Sheets for each product. 22408 Runway Deicer Page 10 of 16 III. QUOTE PREPARATION AND SUBMISSION 1. General Instructions The evaluation and selection of a Vendor will be based on the information submitted in the Quote and will be awarded to the lowest responsive and responsible bidder. Failure to respond to each of the requirements in the Quote may be the basis for rejecting a Quote. 2. Submitting a Quote Quotes shall be submitted no later than the date and time listed on Page 1 of this Quote. Late Quotes will not be accepted or evaluated. Bidders must submit their quote by mail via USPS, UPS, Fed-Ex, etc., no later than the time and date listed on page 1, in a sealed envelope labeled Quote 22408 with the time and date of quote opening written on the face of it where it will be kept unopened until date and time of opening. Late Quotes will not be accepted or evaluated and will be returned to the bidder, unopened, unless it can be proven the Quote was in the hands of a third-party package delivery company and should have been delivered on time, thus showing no advantage over other bidders. The Purchasing Manager reserves the right to make exceptions for extenuating circumstances. If City Hall is closed to employees for business at the time scheduled for opening, for whatever reasons, Bidder's response will be accepted and opened on the next business day of the City, at the originally scheduled hour. Quotes 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 Quote. If a Quote contains such terms and conditions, the City, at its sole discretion, may determine the Quote to be a nonresponsive counteroffer, and the Quote may be rejected. 4. Multiple Quotes Multiple Quotes from a Bidder will be permissible; however, each Quote must conform fully to the requirements for Quote submission. Each such Quote must be submitted separately and labeled as Quote#1, Quote#2, etc. on the first page of their response. 5. Withdrawal of Quotes Bidders may withdraw or supplement their Quote at any time up to the Quote closing date and time. If a previously submitted Quote is withdrawn before the Quote due date and time, the Bidder may submit another Quote at any time up to the Quote closing date and time. After Quote closing date and time, all submitted Quotes shall be irrevocable until contract award. IV. BIDDERS CHECKLIST Bidder must complete and upload, as part of their Quote submittal, all required forms listed below in accordance with Section III - Preparing and Submitting a Quote. • Cover Sheet/Signature Page Page 1 • Quote Form Pages 14 22408 Runway Deicer Page 11 of 16 V. EVALUATION AND CONTRACT AWARD 1. Quote Evaluation The evaluation and selection of a Bidder will be based on the information submitted in the Quote. Award will be made to a responsible Bidder with the lowest responsive Quote. Evaluation of Quotes and determination of Bidder responsibility shall be based on past experience with Bidder, proposed manufacturer's service availability, parts availability, equipment design and functionalism, effect on productivity, and Bidder's supporting documentation. 2. Offer in Effect for Ninety (90) Days A Quote may not be modified, withdrawn or canceled by the Bidder for a ninety (90) day period following the deadline for Quote due date, or receipt of best and final offer, if required, and Bidder so agrees by submittal of a Quote. 3. Protest Procedure Any protest must be made in writing, signed by the protestor, and state that the Bidder is submitting a formal protest. The protest shall be filed with the City of Yakima's Purchasing Manager at 129 No. 2nd St., Yakima, WA 98901, or by fax: 509-576-6394 or email to: purch(a�vakimawa.gov. The protest shall clearly state the specific factual and legal ground(s) for the protest, and a description of the relief or corrective action being requested. Protests based on specifications/scope of work, or other terms in the QUOTE 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 III. If still unresolved, within three (3) business days after receipt of appeal response, the protest may be appealed to the Executive. The Executive shall make a final determination in writing to the Protester. Award Announcement Purchasing shall announce the successful Bidder via Website, e-mail, fax, regular mail, or by any other appropriate means. Once the Award is released by Purchasing, the protest time frame begins. The timeframe is not based upon when the bidder received the information, but rather when the announcement is issued by Purchasing. Award Regardless of Protest When a written protest against making an award is received, the award shall not be made until the matter is resolved, unless the City determines that one of the following applies: • The supplies or services to be contracted for are urgently required; • Delivery or performance will be unduly delayed by failure to make award promptly; • A prompt award will otherwise be advantageous to the City. 22408 Runway Deicer Page 12 of 16 If the award is made, regardless of a protest, the award must be documented in the file, explaining the basis for the award. Written notice of the decision to proceed shall be sent to the protester and others who may be concerned. The City retains the right to enter into any contract and nothing herein shall be construed to limit that authority in any manner. 4. Sample Contract and Terms and Conditions The Sample Contract provided with this Quote Specification represents the terms and conditions which the Owner expects to execute in a contract with the successful Bidder. Bidders must accept or submit point-by-point exceptions along with proposed alternative or additional language for each point. The Owner may or may not consider any of the Bidder's suggested revisions. Any changes or amendment to any of the Contract Terms and Conditions will occur only if the change is in the best interest of the Owner. 22408 Runway Deicer Page 13 of 16 VI.QUOTE FORM INVITATION TO QUOTE NO. 22408 TO BIDDER: PLEASE QUOTE YOUR LOWEST PRICE, BEST DELIVERY DATE AND PAYMENT DISCOUNT TERMS FOR THE FOLLOWING. THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL QUOTES AND TO ACCEPT ANY OR ALL ITEMS AT THE PRICE QUOTED. THE CITY INTENDS TO AWARD THIS CONTRACT WITHIN 90 CALENDAR DAYS. Quote your lowest price for the following: SCHEDULE 1—Solid Deicing Chemicals (This product must meet FAA approval specifications SAE AMS1431E or more current version). Item Description Qty. Price Total Price No. Per Unit (without tax) 1. Solid Deicing Chemicals (one metric-ton sack) $ $ Product Trade Name Offered: (each) 2. Solid Deicing Chemicals (55 lb. bags,40 bags/pallet) $ $ Product Trade Name Offered: (pallet) SCHEDULE 2—Liquid Deicing Chemicals (This product must meet the latest FAA approved specifications SAE AMS143D or more current version). 3. Liquid Deicing Chemicals (bulk delivery) $ $ Product Trade Name Offered: (gallon) SUB TOTAL $ WA STATE SALES TAX—Destination Based @8.3% $ TOTAL • $ List discount offered off list price for any other items not specifically listed 22408 Runway Deicer Page 14 of 16 ATTACHMENT A— FAA SAE SPECIFICATIONS 4.6 Approved Chemicals. 4.6.1 Airside Chemicals. The FAA either establishes approval specifications or, upon acceptance, references the specifications of professional associations, such as SAE Aerospace Material Specifications (AMS), and the U.S. military (MIL-SPEC). The approved airside chemicals for runway and taxiway applications are fluid and solid products meeting a generic SAE or MIL specification. These specifications require vendors to provide airport operators with a lab certification stating the chemical conformed to the applicable specification and a material safety data sheet(MSDS)for handling the product. With the increased accountability placed on airport operators to manage deicing/anti-icing chemical runoff, they should request vendors to provide certain environmental data. These data consist of information on pollutants the Environmental Protection Agency and the State Department of Natural Resources request of the airport operators in their discharge reporting requirements. Typically, the information includes percent product biodegradability, biochemical oxygen demand (BODS), chemical oxygen demand (COD), pH, presence of toxic or hazardous components, if any, and remaining inert elements after application. MSDSs provide measures on how to secure large product spills and a 24-hour toll free emergency phone number. While these fluid and solid specifications cover technical requirements for deicing/anti-icing products, they do not address the compatibility issue of combining products during operations. Airport operators, therefore, should query manufacturers about the safe and proper use of concurrently applying multiple deicers/anti-icers. The FAA-approved airside chemical specifications, which may be restricted by state or local environmental regulations, are as follows: 4.6.1.1 Fluid Deicer/Anti-icers. The approved specification is the latest edition of SAE AMS 1435, Fluid, Generic Deicing/Anti-icing, Runways and Taxiways. Approved products include glycol-based fluids, potassium acetate base, and potassium formatebased fluids. The SAE specification is available for purchase at http://www.sae.org. Application rates for a specific product are based on manufacturer recommendations. In terms of material cost-savings, less product is used by anti-icing operations than by deicing operations. 4.6.1.2 Solid Deicer/Anti-icer.4.6.1.2.1 Generic Solids. The approved specification is the latest edition of SAE AMS 1431, Compound, Solid Runway and Taxiway Deicing/Anti- icing. Approved solid compounds include airside urea, sodium formate, and sodium acetate. It is 7/29/2016 AC 150/5200-30D 4-15 noted that, in comparison to airside urea, sodium formate and sodium acetate products continue to be effective for much colder pavement temperatures. The urea deicing function is practical only at temperatures above approximately 15° F (-10° C) because of the decreasing melting rates below this temperature value. The decreasing melting rate is a result of urea's eutectic temperature, defined in Paragraph 1.12.7,which is approximately 11° F (-12°C). However, the presence of solar radiation assists urea in the melting action. Pavement surface temperature and ice thickness determine the urea application rate. Application rates for a specific product are based on manufacturer recommendations. 22408 Runway Deicer Page 15 of 16 VII. SAMPLE AGREEMENT - EXCLUDED 22408 Runway Deicer Page 16 of 16 _ V , CITY OF YAKIMA PURCHASING DIVISI . , 'ry • 129 North 2nd Street • Yakima,Washington 98901 (509)575-6093 September 4, 2024 Dear Sir or Madam: Subject: Quote No. 22408 Runway De-icer Addendum No. 1 1. Amendment to Quote Specifications: Quote Receipt: Quotes can be emailed to linda.kuntz@yakimawa.gov or mailed. If e-mailed to the buyer below, the subject of the e-mail MUST READ "Quote Response Quote No. 22408 Runway De-icer. If mailed, envelope must be sealed and plainly marked with the Quote Number 22408, due date, time, and the words"DO NOT OPEN" and delivered to the address listed below. Late Quotes will be rejected. Deliver to: City of Yakima Purchasing Division Yakima City Hall, 2nd Floor 129 North Second Street Yakima, WA 98901 Quote Openings Are Not Public. The due date and time remain the same as original quote specifications, September 5,2024 at 2:00 PM. Please acknowledge receipt of this addendum on the Cover Sheet, page one (1), of the Quote document. If you have any questions, please contact me at (509) 249-6863. Sincerely, - di •41;;17 Linda Kuntz Buyer I - City of Yakima Purchasing cc: Jaime Vera, Airport Operations & Maintenance Manager File M(509)575-6093 D(509)249-6863 F(509)576-6394 E linda.kuntz@vakimawa.gov W www yakimawa.gov/services/purchasing EXHIBIT B - CONTRACTOR'S QUOTE FORM k- )'-t ' ), CITY OF YAKIMA INVITATION TO QUOTE # 22408 ',-; „rr! I SIGNATURE SHEET •'. y MUST BE SUBMITTED WITH YOUR QUOTE RESPONSE THIS IS NOT AN ORDER IUOTE Release Date: August 21,2024 Quote Receipt: Quotes may be mailed. If mailed,envelope must be sealed and plainly marked with the Quote Number 22408,due date,time,and the words"DO NOT OPEN"and delivered to the address listed below. Deliver to: City of Yakima Purchasing Division Yakima City Hall, 2nd Floor 129 North Second Street Yakima, WA 98901 Quote Openings Are Not Public. Purchasing For: Buyer in charge of this procurement(Contact for further information): Yakima Air Terminal/McAllister Field Linda Kuntz, Buyer 1 2406 W Washington Ave., Suite B Yakima, WA 98902 luotes Must be submitted by: Phone E-Mail Address ieptember 5, 2024 @ 2 PM PST (509)249-6863 Linda.kuntz@yakimawa.gov PROJECT DESCRIPTION SUMMARY Runway Deicer Inter Prompt Payment Discount: 1 %net/0 days We/I will complete delivery within days after receipt of order. Delivery Details: FOB Destination, Freight Prepaid, Inside Delivery required Check if you are a WMBE or DBE Vendor and list certification Number: XII hereby acknowledge receiving addendum(a) I , (use as many spaces as addenda received) 1 signing this Quote we also certify that we have not,either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken ny 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 Quote; that this Quote as been independently arrived at without collusion with any other Bidder, competitor or potential competitor; that this Quote has not been knowingly disclosed rior to the opening of Quotes to any other Bidder or competitor; that the above statement is accurate under penalty of perjury. urthermore, the Washington State Interlocal Cooperative Act(RCW 39.34) provides that other governmental agencies may purchase goods or services on this olicitation 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 ie purchase orders or contracts issued by other public agencies. Ve will comply with all terms,conditions and specifications required by the City of Yakima in this Invitation to Quote and all terms of our Quote. :ompany Name Company Address Pe 1 IC44 Cheeri,ce Is, .Inc. S 920 Sa4./p Dr., ,►7,' -c t4 I4, rI T 5980g lame of Authorized Company Representative(Type or Print) Title Phone (4106 ) .r!�;�y/�� ems,.,3-v 70r'od Coo Fax ( ) /,jea�ett signature of Above Date r Email Address 9/51,)y Ja rod.binn ef-tEtFe 1;C4"cher;f.1Is. Cori 22408 Runway Deicer Page 1 of 25 SCHEDULE 1—Solid Deicing Chemicals (This product must meet FAA approval specifications SAE AMS1431E or more current version). Item Description Qty. Price Total Price No. Per Unit (without tax) 1. Solid Deicing Chemicals (one metric-ton sack) $ le 6 97.08 $ 1,6 9 7.0g Product Trade came Offered: (each) ForreMe/f fcfpor/Rck Solid Rtih.•-y Peicor 2. Solid Deicing Chemicals (55 lb. bags, 40 bags/pallet) $ 1, 697.0g $ / 197.0s /7q//ef or (pallet) Product Trades Name Offered: c/a 115009 f ForreA'1e/f So(i41 Aowevv/ OVicer SCHEDULE 2—Liquid Deicing Chemicals (This product must meet the latest FAA approved specifications SAE AMS143D or more current version). 3. Liquid Deicing Chemicals (bulk delivery) $ 5, 90 $ j. 90 Product Trade lame Offered: Cq//an (gallon) FvrreC/eq r d Aor►w4, /)er`c4y SUB TOTAL $_ 3 goo.06 WA STATE SALES TAX—Destination Based @8.3% 0 —Y TOTAL $ List discount offered off list price for any other items not specifically listed ATTACHMENT A — FAA SAE SPECIFICATIONS 4.6 Approved Chemicals. 4.6.1 Airside Chemicals. The FAA either establishes approval specifications or, upon acceptance, references the specifications of professional associations, such as SAE Aerospace Material Specifications(AMS), and the U.S. military (MIL-SPEC). The approved airside chemicals for runway and taxiway applications are fluid and solid products meeting a generic SAE or MIL specification. These specifications require vendors to provide airport operators with a lab certification 22408 Runway Deicer Page 14 of 25 �1� F, 1 ant' OF YAK MA PURCHASING DIVISION '-' • 129 North 2nd Street • Yakima, Washington • 98901 • (509) 575-6093 September 4, 2024 Dear Sir or Madam: Subject: Quote No. 22408 Runway De-icer Addendum No. 1 1. Amendment to Quote Specifications: Quote Receipt: Quotes can be emailed to linda.kuntz@yakimawa.gov or mailed. If e-mailed to the buyer below,the subject of the e-mail MUST READ "Quote Response Quote No. 22408 Runway De-icer. If mailed, envelope must be sealed and plainly marked with the Quote Number 22408, due date,time, and the words"DO NOT OPEN" and delivered to the address listed below. Late Quotes will be rejected. Deliver to: City of Yakima Purchasing Division Yakima City Hall, 2nd Floor 129 North Second Street Yakima, WA 98901 Quote Openings Are Not Public. The due date and time remain the same as original quote specifications, September 5, 2024 at 2:00 PM. Please acknowledge receipt of this addendum on the Cover Sheet, page one (1), of the Quote document. If you have any questions, please contact me at (509) 249-6863. Sincerely, Linda Kuntz Buyer I - City of Yakima Purchasing cc: Jaime Vera, Airport Operations & Maintenance Manager File M (509)575-6093 D(509) 249-6863 F(509)576-6394 E linda.kuntzc vakimawa.gov W www.yakimawa.gov/services/purchhasing gPc';ved $,erilwPrf AGREEMENT CITY OF YAKIMA QUOTE 22408 Runway Deicer THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation ("City"),and Two Rivers Terminal, 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 Quote 22408 Runway De-icer Specifications which are attached as Exhibit A, all of which is incorporated herein by this reference,and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. 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 Quote 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 four (4) 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. 7. Inspection and Production of Records a. The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the City, but the making of(or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non- complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient,safe,and 22408 Agreement-Runway Deicer Page 1 of 7 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 unit)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.They must be produced to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law.All records relating to Contractor's services under this Contract must be retained by Contractor for the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule. d. The terms of this section shall survive any expiration or termination of this Contract. 8. Compliance with Law Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. Contractor shall procure and have all applicable and necessary permits, licenses and approvals of any federal, state, and local government or governmental authority or this project, pay all charges and fees,and give all notices necessary and incidental to the due and lawful execution of the work. a. Procurement of a City Business License. Contractor must procure a City of Yakima Business License and pay all charges,fees, and taxes associated with said license. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number,as required in Title 85 RCW. b. 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). c. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50 RCW. d. Foreign (Non-Washington) Corporations: Although the City does not require foreign corporate proposers to qualify in the City, County or State prior to submitting a proposal, it is specifically understood and agreed that any such corporation will promptly take all necessary measures to become authorized to conduct business in the City of Yakima at their own expense, without regard to whether such corporation is actually awarded the contract, and in the event that the award is made, prior to conducting any business in the City. 9. Nondiscrimination Provision During the performance of this Contract,the Contractor agrees as follows: The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, sexual orientation, gender identity, pregnancy, veteran's status, political affiliation or belief, or the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act(42 USC 12101 et seq.). This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of Services under this Agreement. Contractor agrees to comply with the applicable provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and regulations. 22408 Agreement-Runway Deicer Page 2 of 7 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 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. 10. Pay Transparency Nondiscrimination Provision: The Contractor will not discharge or in any other manner discriminate against employees or applicants because they have inquired about,discussed, or disclosed their own pay or the pay of another employee or applicant.However,employees who have access to the compensation information of other employees or applicants as a part of their essential job functions cannot disclose the pay of other employees or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure is (a) in response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or(c)consistent with the contractor's legal duty to furnish information. 11. Indemnification and Hold Harmless a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or property. The Contractor agrees to release, indemnify, defend, and hold harmless the City, its elected and appointed officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers from all liabilities, losses, damages, and expenses related to all claims, suits, arbitration actions, investigations, and regulatory or other governmental proceedings arising from or in connection with this Agreement or the acts, failures to act, errors or omissions of the Contractor,or any Contractor's agent or subcontractor, in performance of this Agreement. 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 ansing out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, shall be only to the extent of the Contractor's negligence. d. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any third party. e. The terms of this Section shall survive any expiration or termination of this Contract. 12. Contractor's Liability Insurance At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect insurance to protect the City and Contractor from and against any and all claims, damages, losses, and expenses arising out of or resulting from the performance of this Contract. 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. 22408 Agreement-Runway Deicer Page 3 of 7 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 (S2,000,000.00) per occurrence, combined single limit bodily injury and property damage, and Four Million Dollars (S4,000,000.00) 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. 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. 13. Severability If any term or condition of this Contract or the application thereof to any person(s)or circumstances is held invalid, such invalidity shall not affect other terms,conditions or applications which can be given effect without the invalid term,condition or application.To this end, the terms and conditions of this Contract are declared severable. 22408 Agreement-Runway Deicer Page 4 of 7 14. Contract Documents This Contract, the Invitation to Quote 22408, Scope of Work, conditions, addenda, and modifications and Contractor's proposal (to the extent consistent with City of Yakima documents) constitute the Contract Documents and are complementary. Specific Federal and State laws and the terms of this Contract, in that order respectively, supersede other inconsistent provisions. These Contract Documents are on file in the Office of the Purchasing Manager, 129 No. 2nd St., Yakima, WA, 98901, and are hereby incorporated by reference into this Contract. 15. Termination Termination for Cause In the event the Contractor breaches this Contract, the City may terminate the Contract at its sole discretion in such event that it provides the Contractor with written notice of Contractor's breach and the Contractor fails to cure its breach within 30 days of this notice. In the event of the City breaches this Contract, the Contractor may terminate the Contract at its sole discretion in such event that it provides the City with written notice of City's breach and the City fails to cure its breach of the Contract within 60 days of this notice. The following represents a non-exclusive, illustrative list of instances that shall be considered a breach by the Contractor: a. Defaults on an obligation under the Contract; b. Fails to perform any material obligation required under the Contract; c. Files a petition in bankruptcy, becomes insolvent,or otherwise takes action to dissolve as a legal entity; d. Allows any final judgment not to be satisfied or a lien not to be disputed after a legally-imposed, 30-day notice; e. Makes an assignment for the benefit of creditors; f. Fails to follow the sales and use tax certification requirements of the State of Washington; g. Incurs a delinquent Washington tax liability; h. Becomes a State or Federally debarred Contractor; i. Is excluded from federal procurement and non-procurement Contracts; j. Fails to maintain and keep in force all required insurance, permits and licenses as provided in the Contract; k. Fails to maintain the confidentiality of the City information that is considered to be Confidential Information, proprietary, or containing Personally Identifiable Information; I. Contractor performance threatens the health or safety of a City, County or municipal employee;or Termination for Convenience The City may terminate the Contract,without cause,by providing 30 days written notice of termination. In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the Contract. The Contractor shall also be compensated for partially completed services. In this event, compensation for such partially completed services shall be no more than the percentage of completion of the services requested, at the sole discretion of the City, multiplied by the corresponding payment for completion of such services as set forth in the Contract.Alternatively,at the sole discretion of the City,the Contractor may be compensated for the actual service hours provided.The City shall be entitled to a refund for goods or services paid for but not received or implemented, such refund to be paid within 30 days of written notice to the Contractor requesting the refund. Change in Funding In addition to the above termination provisions,if the funds upon which the City relied to establish this Contract are withdrawn, reduced, or limited, or if additional or modified conditions are placed on such funding, the City may terminate this Contract by providing at least five business days written notice to the Contractor. The termination shall be effective on the date specified in the notice of termination. 16. Dispute Resolution In the event that any dispute shall arise as to the interpretation of this agreement, or in the event of a notice of default as to whether such default does constitute a breach of the contract, and if the parties hereto cannot mutually settle such differences, then the parties 22408 Agreement-Runway Deicer Page 5 of 7 shall first pursue mediation as a means to resolve the dispute. If the afore mentioned methods are either not successful then any dispute relating to this Agreement shall be decided in the courts of Yakima County, in accordance with the laws of Washington. If both parties consent in writing, other available means of dispute resolution may be implemented. 17. Re-Award When the contract is terminated by the Contractor upon providing the written notice as herein required, the City, pursuant to City ordinance, may re-award the contract to the next most responsible Proposer within 120 days from original award. When a Contractor is unable to supply goods and/or services to the City and is in breach of the contract, or when the contract is terminated by the City for cause as herein provided, the City reserves the right to re-award the contract to the next most responsible Proposer within 120 days from original award. 18. Force Majeure Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics/pandemics, war, riot, delay in transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of such pending or actual delay. Normally, in the event or any such delays (acts or God, etc.)the date of delivery will be extended for a period equal to the time lost due to the reason for delay. 19. Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 20. Venue The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competent jurisdiction in Yakima County, Washington. 21. Authority The person executing this Contract, on behalf of Contractor,represents and warrants that they have been fully authorized by Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms, performances and provisions of this Contract. 22. Notice of Change in Financial Condition If, during the Contract Term, the Contractor experiences a change in its financial condition that may affect its ability to perform under the Contract,or experiences a change of ownership or control, the Contractor shall immediately notify the City in writing. Failure to notify the City of such a change in financial condition or change of ownership or control shall be sufficient grounds for Contract termination. 23. Change or Notice Any alterations, including changes to the nature of the service, made to the Contract shall be rendered in writing and signed by both responsible parties; no changes without such signed documentation shall be valid. No alterations outside of the general scope and intent of the original Request for Proposals or in excess of allowable and accepted price changes shall be made. In no event shall the Contractor be paid or be entitled to payment for services that are not authorized herein or any properly executed amendment. Notice of Business Changes: Contractor shall notify the City in writing within three(3)business days of any change in ownership of the facilities of the Contractor or of the facilities of any subcontractor. The Contractor shall notify the City in writing as soon as possible, and in no event later than three (3) business days, after any decision by the Contractor to change or discontinue service that will affect services provided to the City under this Contract. The City shall have the right to renegotiate the terms and conditions of this Contract to the extent required to accommodate a change in governing law or policy that, in the sole discretion of the City, either substantially and unreasonably enlarges the Contractor's duties hereunder, or renders performance, enforcement or compliance with the totality of the Contract impossible, patently unreasonable, or unnecessary. Notices and demands under and related to this Contract shall be in writing and sent to the parties at their addresses as follows. 22408 Agreement-Runway Deicer Page 6 of 7 TO CITY: City of Yakima Purchasing TO CONTRACTOR: Two Rivers Terminal, LLC. Christina Payer. Buyer II 3300 North Glade Road 129 N 2^d Street Pasco, WA 99301 Yakima,WA 98901 24. Survival The foregoing sections of this Contract, 1-24 inclusive, shall survive the expiration or termination of this Contract in accordance with their terms. IN WITNESS WHEREOF,the parties hereto execute this Contract as of the day and year first above written. CITY OF YA A "Z_____, TWO RIVERS TERMINAL,LLC By: M :::4-7.----A __ Ci Mana er Date: 3�ln . c&f `DoaD Date: /Z Co— 2.fi L7' CITY CONTRACT NO 00( RESOLUTION NO ° 4- ::-4',,7,‘' 674.4 /✓ 4v4R,C & Attest: y AK�M. ho (Print name) * ' SEAL :' & 10 agi. L. A . I, I I I City erk .h iy'o,. ,iI k�SNING1°—r List of Exhibits attached to this contract Exhibit A—Specifications Exhibit B—Contractor's Quote Form 22408 Agreement-Runway Deicer Page 7 of 7 EXHIBIT A - SPECIFICATIONS • CITY OF YAKIMA INVITATION TO QUOTE # 22408 SIGNATURE SHEET MUSTBESUBMITTED WITH YOUR QUOTE RESPONSE THIS IS NOT AN ORDER QUOTE Release Date. August 21,2024 Quote Receipt: Quotes may be mailed. If mailed,envelope must be sealed and plainly marked with the Quote Number 22408,due date,time,and the words"DO NOT OPEN"and delivered to the address listed below. Deliver to: City of Yakima Purchasing Division Yakima City Hall, 2nd Floor 129 North Second Street Yakima, WA 98901 Quote Openings Are Not Public. Purchasing For: Buyer in charge of this procurement(Contact for further information): Yakima Air Terminal/McAllister Field Linda Kuntz, Buyer 1 2406 W Washington Ave., Suite B Yakima, WA 98902 Quotes Must be submitted by: Phone E-Mail Address September 5, 2024 @ 2 PM PST (509) 249-6863 Linda.kuntz@yakimawa.gov PROJECT DESCRIPTION SUMMARY Runway Deicer Enter Prompt Payment Discount: %net days We/I will complete delivery within days after receipt of order. Delivery Details: FOB Destination, Freight Prepaid, Inside Delivery required ❑Check if you are a WMBE or DBE Vendor and list certification Number: ❑ I hereby acknowledge receiving addendum(a) , (use as many spaces as addenda received) In signing this Quote 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 Quote; that this Quote has been independently arrived at without collusion with any other Bidder, competitor or potential competitor; that this Quote has not been knowingly disclosed prior to the opening of Quotes 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 Quote and all terms of our Quote. Company Name Company Address Name of Authorized Company Representative(Type or Print) Title Phone ( Fax ( ) Signature of Above Date Email Address 22408 Runway Deicer Page 1 of 16 I. Contents I. Contents 2 1. Purpose 4 2. Contracting Agency and Point of Contact 4 3. New and Unused 4 4. Best Modern Practices 4 5. Equal/Approved Equal 4 6. Exceptions 4 7. More or Less 4 8. Published List Prices 5 9. Delivery/Completion 5 10. Delivery Acceptance . 5 11. Delivery of Unapproved Substitutions 5 12. Contract Term 5 13. Pricing and Discount 5 14. Price Clarifications 6 15. Price Increases 6 16. Price Decreases 7 17. Expansion Clause 7 18. Warranty 7 19. Warranty Coverage 7 20. Permits 7 21. Regulations and Codes 7 22. Prompt Payment 8 23. Payments 8 24. Payment Method-Credit Card Acceptance 8 25. Acceptance of Terms 8 26. Sales Tax 8 27. Tax Revenues 8 28. Clarifications and/or Revisions to Specification and Requirements 8 29. Incurring Costs 9 30. No Obligation to Contract 9 31. Retention of Rights 9 32. Points Not Addressed 9 33. Other City Departments/Like Items Added 9 34. Materials Bought from Different Supplier 9 35. Re-Award 10 36. Errors and Omissions 10 22408 Runway Deicer Page 2 of 16 37. Changes 10 II. SPECIAL TERMS AND CONDITIONS 10 1. Solid Deicing Products 10 2. Fluid Deicing Products 10 3. SAE Report 10 4. Material Safety Data Sheets 10 III. QUOTE PREPARATION AND SUBMISSION 11 1. General Instructions 11 2. Submitting a Quote 11 3. Prohibition of Bidder Terms & Conditions 11 4. Multiple Quotes 11 5. Withdrawal of Quotes 11 IV. BIDDERS CHECKLIST 11 V. EVALUATION AND CONTRACT AWARD 12 1. Quote Evaluation 12 2. Offer in Effect for Ninety (90) Days 12 3. Protest Procedure 12 4. Sample Contract and Terms and Conditions 13 VI. QUOTE FORM 14 ATTACHMENT A—FAA SAE SPECIFICATIONS 15 VII. SAMPLE CONTRACT 16 22408 Runway Deicer Page 3 of 16 II GENERAL INFORMATION 1. Purpose It is the intent and purpose of these specifications to describe Runway Deicer in sufficient detail to secure quotes on comparable units, equipment parts and material. All parts, which are necessary in order to provide a complete unit, ready for operation, shall be included in the Quote and shall conform in strength, quality of workmanship and material to that which is usually provided the trade in general. Any variance from the specifications or standards of quality must be clearly pointed out in writing by the Bidder. 2. Contracting Agency and Point of Contact This QUOTE is issued by the City of Yakima Purchasing Division. The person responsible for managing this QUOTE process from beginning to end is the Buyer listed on page 1 of this solicitation. From the date of release of this QUOTE 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 QUOTE shall be made through the Buyer listed on page 1. Contact with other City personnel regarding this QUOTE is not permitted during the procurement process and violation of these conditions may be considered sufficient cause for rejection of a Quote and disqualification of the Bidder. 3. 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. Equipment design shall have sufficient excess capacity for durability and safety. 4. 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. 5. 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 equipment Quote on the Quote form. Any equipment proposed as an equal to that herein specified must be substantiated with supporting data to justify such request for substitution. 6. Exceptions Specifications of the equipment Quote 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 Quote submitted without exceptions will be required to meet every detail of these specifications regardless of cost to the successful bidder, including the cost to meet the insurance requirements. Where "NO EXCEPTIONS" are shown, none will be allowed. No exceptions will be considered that may tend to devalue the equipment or give an individual bidder who is offering a lesser item a distinct advantage. 7. More or Less Quantities are estimated only and shall be Quote on a MORE OR LESS basis. For the purpose of comparison, Quotes shall be made in the quantities listed in this specification. Listed quantities shall 22408 Runway Deicer Page 4 of 16 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. 8. Published List Prices If applicable, a copy of your published list prices shall be included in the Quote package. Each Bidder shall Quote a percentage discount based on this published list in the space provided on the Price /Cost Sheet. It is understood that the discount quoted on this Quote shall be based on the attached published list price and these shall be the prices paid during the life of the contract. 9. Delivery/Completion Each Vendor is required to list on the Quote 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/completion is important and will be considered in the evaluation of the Quotes. Failure to include a specific number of calendar days may be sufficient grounds for rejection of Quote. 10. Delivery Acceptance Delivery will be accepted by the City of Yakima FOB Yakima Air Terminal McAllister Field, 3106 W Washington Avenue, Yakima, Washington 98903, FOB, between the hours of 6:00 a.m. to 4:00 pm, Monday through Friday. The successful Bidder's personnel making the delivery shall instruct City personnel in maintenance and proper operation of the equipment prior to their departure from the delivery site. All equipment shall have complete pre-delivery setup and service. 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 Quote list for a period of up to three (3) years. 12. Contract Term The period of this contract shall be for a period of one year from its effective date. Contract may be extended on the anniversary date for one (1) additional one (1) year periods, not to exceed three (3) years total. 13. Pricing and Discount Pricing: Pricing shall be prepared with the following terms. The successful Vendor shall provide and bear the expense of all equipment; work and labor of any sort whatsoever that may be required for the transfer of materials/product and completing the work provided for in this Quote 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 Quote price. All successful Vendors are subject to the minimum insurance requirements as outlined in the sample contract. VENDORS MUST INCORPORATE THE COST TO COMPLY WITH THE INSURANCE REQUIREMENTS IN THE QUOTE PRICE. Requests for lower insurance limits will be denied. Prices established in continuing agreements and term agreements may be lowered due to general 22408 Runway Deicer Page 5 of 16 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 Quote or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as stated on the Quote form. For any given item, the quantity multiplied by the unit price shall establish the extended price, the unit price shall govern in the Quote evaluation and contract administration. 15. Price Increases Requests for Rate Increases must be delivered to the Buyer listed on Page 1, 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 Quote 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 1, thirty (30) calendar days before the proposed effective date of the price increase, and shall be limited to fully documented cost increases to the Vendor which are demonstrated to be industry-wide. The conditions under which price increases may be granted shall be expressed in Quote documents and contracts or agreements. No other employee may accept a rate increase request on behalf of the City. Any invoice that is sent to the City with pricing above that specified by the City in writing within this Contract or specified within an official written change issued by Purchasing to this contract, shall be invalid. Payment of an erroneous invoice does not constitute acceptance of the erroneous pricing, and the City would seek reimbursement of the overpayment or would withhold such overpayment from future invoices. A. Discount from Manufacturer List Pricing: For all contract items that are priced as a discount below Manufacturer List prices, there shall be no changes to the discount rate throughout the life of the contract. As manufacturer list prices change, the net price to the City will automatically change in the same percentage as the discount rate to the City. B. Fixed Product Pricing: For product and supply contracts that provide on-going, multiple year supply. Original pricing shall be fixed and firm for the first year of the contract. Price requests are at the discretion of the Purchasing Manager; and must also be: a. The direct result of increases at the manufacturer's level (or if Bidder is a supplier of a raw material delivered directly to the City such as brass, the increase must be verified at the supplier level). b. Incurred after contract commencement date. c. Not produce a higher profit margin than that on the original contract. d. Clearly identify the items impacted by the increase. e. Be filed with Purchasing Manager a minimum of thirty (30) calendar days before the effective date of proposed increase. f. Be accompanied by detailed documentation acceptable to the Purchasing Manager sufficient to warrant the increase. g. Should not deviate from the original contract pricing scheme/methodology. 22408 Runway Deicer Page 6 of 16 The United States published indices such as the Producer Price Index or other government data may be referenced to help substantiate the Vendor'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 Vendor may provide a notice to cancel as outlined in the contract under Section 17, Termination for Convenience. The adjustment (if any) shall remain firm and fixed for at least 365 days after the effective date of the adjustment. 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. Vendor 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 Vendor 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. 22408 Runway Deicer Page 7 of 16 22. Prompt Payment Bidders are encouraged to offer a discount for prompt payment of invoice. Please indicate your discount proposal on page 1 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 Contractor shall submit properly completed invoice(s) to: City of Yakima Air Terminal, McAllister Field, 2400 W. Washington, Yakima, WA 98903 To ensure prompt payment each invoice should cite purchase order number, Quote number, description of item purchased, unit and total price, discount terms and include the Vendor'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. 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 Quote is the lowest and best Quote. 27. 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 Quote is the lowest Quote, after the tax revenue has been considered. 28. 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 QUOTE document. Unless instructions are specifically provided elsewhere in this document, any questions, exceptions, or additions concerning the subject matter of the QUOTE document(s) shall not be considered unless submitted via e-mail (no phone calls)to the Buyer listed on page 1, a minimum of five (5) business days prior to the submittal due date. 22408 Runway Deicer Page 8 of 16 In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this QUOTE, 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 QUOTE. If any requirements of the QUOTE are unacceptable to any prospective Bidder, they may choose not to submit a Quote. 29. Incurring Costs The City is not liable for any cost incurred by a Bidder in the process of responding to this QUOTE, 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 QUOTE. 30. No Obligation to Contract This QUOTE does not obligate the City to contract for service(s), or product(s) specified herein. City reserves the right to cancel or reissue this QUOTE 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. Quotes that stipulate that the City shall guarantee a specific quantity or dollar amount will be disqualified (e.g. "all-or-none".) 31. Retention of Rights The City retains the right to accept or reject any or all Quotes 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 Quote. All Quotes become the property of City upon receipt. All rights, title and interest in all materials and ideas prepared by the Bidder for the Quote to City shall be the exclusive property of City and may be used by the City at its option. 32. 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. 33. 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. 34. Materials Bought from Different Supplier Should the Vendor 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 Quote 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 Vendor holding the Quote 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 22408 Runway Deicer Page 9 of 16 Provided the Buyer listed on Page 1 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. 35. 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. 36. 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. 37. Changes Any proposed change in this contract shall be submitted in writing to the Buyer listed on Page 1 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. II. SPECIAL TERMS AND CONDITIONS 1. Solid Deicing Products a. The product must be sodium acetate, sodium formate or sodium formate/acetate-blend based b. The product must meet FAA approved specifications SAE AMS1431 E (or more current version). c. Solid deicing products must be available in metric-ton "super sacks" as well as pallets of 55-b bags (40 bags per pallet). 2. Fluid Deicing Products d. The product must be a non-glycol based fluid deicer, typically a potassium acetate based product. e. The product must meet the lasts FAA approved specifications SAE AMS1435D (or more current version). f. Fluid deicing products must be available by bulk tanker delivery. 3. SAE Report All vendors must supply a copy of the report by the SAE stating that the proposed product meets the indicated SAE standard. 4. Material Safety Data Sheets All vendors must provide specifications for the products bid as well as the required Material Safety Data Sheets for each product. 22408 Runway Deicer Page 10 of 16 III. QUOTE PREPARATION AND SUBMISSION 1. General Instructions The evaluation and selection of a Vendor will be based on the information submitted in the Quote and will be awarded to the lowest responsive and responsible bidder. Failure to respond to each of the requirements in the Quote may be the basis for rejecting a Quote. 2. Submitting a Quote Quotes shall be submitted no later than the date and time listed on Page 1 of this Quote. Late Quotes will not be accepted or evaluated. Bidders must submit their quote by mail via USPS, UPS, Fed-Ex, etc., no later than the time and date listed on page 1, in a sealed envelope labeled Quote 22408 with the time and date of quote opening written on the face of it where it will be kept unopened until date and time of opening. Late Quotes will not be accepted or evaluated and will be returned to the bidder, unopened, unless it can be proven the Quote was in the hands of a third-party package delivery company and should have been delivered on time, thus showing no advantage over other bidders. The Purchasing Manager reserves the right to make exceptions for extenuating circumstances. If City Hall is closed to employees for business at the time scheduled for opening, for whatever reasons, Bidder's response will be accepted and opened on the next business day of the City, at the originally scheduled hour. Quotes 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 Quote. If a Quote contains such terms and conditions, the City, at its sole discretion, may determine the Quote to be a nonresponsive counteroffer, and the Quote may be rejected. 4. Multiple Quotes Multiple Quotes from a Bidder will be permissible; however, each Quote must conform fully to the requirements for Quote submission. Each such Quote must be submitted separately and labeled as Quote #1, Quote#2, etc. on the first page of their response. 5. Withdrawal of Quotes Bidders may withdraw or supplement their Quote at any time up to the Quote closing date and time. If a previously submitted Quote is withdrawn before the Quote due date and time, the Bidder may submit another Quote at any time up to the Quote closing date and time. After Quote closing date and time, all submitted Quotes shall be irrevocable until contract award. IV. BIDDERS CHECKLIST Bidder must complete and upload, as part of their Quote submittal, all required forms listed below in accordance with Section III - Preparing and Submitting a Quote • Cover Sheet/Signature Page Page 1 • Quote Form Pages 14 22408 Runway Deicer Page 11 of 16 V. EVALUATION AND CONTRACT AWARD 1. Quote Evaluation The evaluation and selection of a Bidder will be based on the information submitted in the Quote. Award will be made to a responsible Bidder with the lowest responsive Quote. Evaluation of Quotes and determination of Bidder responsibility shall be based on past experience with Bidder, proposed manufacturer's service availability, parts availability, equipment design and functionalism, effect on productivity, and Bidder's supporting documentation. 2. Offer in Effect for Ninety (90) Days A Quote may not be modified, withdrawn or canceled by the Bidder for a ninety (90) day period following the deadline for Quote due date, or receipt of best and final offer, if required, and Bidder so agrees by submittal of a Quote. 3. Protest Procedure Any protest must be made in writing, signed by the protestor, and state that the Bidder is submitting a formal protest. The protest shall be filed with the City of Yakima's Purchasing Manager at 129 No. 2nd St., Yakima, WA 98901, or by fax: 509-576-6394 or email to: 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 or corrective action being requested. Protests based on specifications/scope of work, or other terms in the QUOTE 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 III. If still unresolved, within three (3) business days after receipt of appeal response, the protest may be appealed to the Executive. The Executive shall make a final determination in writing to the Protester. Award Announcement Purchasing shall announce the successful Bidder via Website, e-mail, fax, regular mail, or by any other appropriate means. Once the Award is released by Purchasing, the protest time frame begins. The timeframe is not based upon when the bidder received the information, but rather when the announcement is issued by Purchasing. Award Regardless of Protest When a written protest against making an award is received, the award shall not be made until the matter is resolved, unless the City determines that one of the following applies: • The supplies or services to be contracted for are urgently required; • Delivery or performance will be unduly delayed by failure to make award promptly; • A prompt award will otherwise be advantageous to the City. 22408 Runway Deicer Page 12 of 16 If the award is made, regardless of a protest, the award must be documented in the file, explaining the basis for the award. Written notice of the decision to proceed shall be sent to the protester and others who may be concerned. The City retains the right to enter into any contract and nothing herein shall be construed to limit that authority in any manner. 4. Sample Contract and Terms and Conditions The Sample Contract provided with this Quote Specification represents the terms and conditions which the Owner expects to execute in a contract with the successful Bidder. Bidders must accept or submit point-by-point exceptions along with proposed alternative or additional language for each point. The Owner may or may not consider any of the Bidder's suggested revisions. Any changes or amendment to any of the Contract Terms and Conditions will occur only if the change is in the best interest of the Owner. 22408 Runway Deicer Page 13 of 16 VI.QUOTE FORM INVITATION TO QUOTE NO.22408 TO BIDDER: PLEASE QUOTE YOUR LOWEST PRICE, BEST DELIVERY DATE AND PAYMENT DISCOUNT TERMS FOR THE FOLLOWING. THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL QUOTES AND TO ACCEPT ANY OR ALL ITEMS AT THE PRICE QUOTED. THE CITY INTENDS TO AWARD THIS CONTRACT WITHIN 90 CALENDAR DAYS. Quote your lowest price for the following: SCHEDULE 1—Solid Deicing Chemicals (This product must meet FAA approval specifications SAE AMS1431E or more current version). Item Description Qty. Price Total Price No. Per Unit (without tax) 1. Solid Deicing Chemicals (one metric-ton sack) $ $ Product Trade Name Offered: (each) 2. Solid Deicing Chemicals (55 lb. bags,40 bags/pallet) $ $ Product Trade Name Offered: (pallet) SCHEDULE 2—Liquid Deicing Chemicals (This product must meet the latest FAA approved specifications SAE AMS143D or more current version). 3. Liquid Deicing Chemicals (bulk delivery) $ $ Product Trade Name Offered: (gallon) SUB TOTAL $ WA STATE SALES TAX—Destination Based @8.3% $ TOTAL $ List discount offered off list price for any other items not specifically listed 22408 Runway Deicer Page 14 of 16 ATTACHMENT A- FAA SAE SPECIFICATIONS 4.6 Approved Chemicals. 4.6.1 Airside Chemicals. The FAA either establishes approval specifications or, upon acceptance, references the specifications of professional associations, such as SAE Aerospace Material Specifications (AMS), and the U.S. military (MIL-SPEC). The approved airside chemicals for runway and taxiway applications are fluid and solid products meeting a generic SAE or MIL specification. These specifications require vendors to provide airport operators with a lab certification stating the chemical conformed to the applicable specification and a material safety data sheet(MSDS)for handling the product. With the increased accountability placed on airport operators to manage deicing/anti-icing chemical runoff, they should request vendors to provide certain environmental data. These data consist of information on pollutants the Environmental Protection Agency and the State Department of Natural Resources request of the airport operators in their discharge reporting requirements. Typically, the information includes percent product biodegradability, biochemical oxygen demand (BODS), chemical oxygen demand (COD), pH, presence of toxic or hazardous components, if any, and remaining inert elements after application. MSDSs provide measures on how to secure large product spills and a 24-hour toll free emergency phone number. While these fluid and solid specifications cover technical requirements for deicing/anti-icing products, they do not address the compatibility issue of combining products during operations. Airport operators, therefore, should query manufacturers about the safe and proper use of concurrently applying multiple deicers/anti-icers. The FAA-approved airside chemical specifications, which may be restricted by state or local environmental regulations, are as follows: 4.6.1.1 Fluid Deicer/Anti-icers. The approved specification is the latest edition of SAE AMS 1435, Fluid, Generic Deicing/Anti-icing, Runways and Taxiways. Approved products include glycol-based fluids, potassium acetate base, and potassium formatebased fluids. The SAE specification is available for purchase at http://www.sae.org. Application rates for a specific product are based on manufacturer recommendations. In terms of material cost-savings, less product is used by anti-icing operations than by deicing operations. 4.6.1.2 Solid Deicer/Anti-icer.4.6.1.2.1 Generic Solids. The approved specification is the latest edition of SAE AMS 1431, Compound, Solid Runway and Taxiway Deicing/Anti- icing. Approved solid compounds include airside urea, sodium formate, and sodium acetate. It is 7/29/2016 AC 150/5200-30D 4-15 noted that, in comparison to airside urea, sodium formate and sodium acetate products continue to be effective for much colder pavement temperatures. The urea deicing function is practical only at temperatures above approximately 15° F (-10° C) because of the decreasing melting rates below this temperature value. The decreasing melting rate is a result of urea's eutectic temperature, defined in Paragraph 1.12.7, which is approximately 11° F (-12° C). However, the presence of solar radiation assists urea in the melting action. Pavement surface temperature and ice thickness determine the urea application rate. Application rates for a specific product are based on manufacturer recommendations. 22408 Runway Deicer Page 15 of 16 VII. SAMPLE AGREEMENT - EXCLUDED 22408 Runway Deicer Page 16 of 16 CITY OF YAKIMA PURCHASING DIVISION ` • 129 North 2"d Street • Yakima,Washington • 98901 • (509)575-6093 September 4, 2024 Dear Sir or Madam: Subject: Quote No. 22408 Runway De-icer Addendum No. 1 1. Amendment to Quote Specifications: Quote Receipt: Quotes can be emailed to linda.kuntz@yakimawa.gov or mailed. If e-mailed to the buyer below, the subject of the e-mail MUST READ "Quote Response Quote No. 22408 Runway De-icer. If mailed, envelope must be sealed and plainly marked with the Quote Number 22408, due date, time, and the words "DO NOT OPEN" and delivered to the address listed below. Late Quotes will be rejected. Deliver to: City of Yakima Purchasing Division Yakima City Hall, 2nd Floor 129 North Second Street Yakima, WA 98901 Quote Openings Are Not Public. The due date and time remain the same as original quote specifications, September 5, 2024 at 2:00 PM. Please acknowledge receipt of this addendum on the Cover Sheet, page one (1), of the Quote document. If you have any questions, please contact me at (509) 249-6863. Sincerely, Linda Kuntz Buyer I - City of Yakima Purchasing cc: Jaime Vera, Airport Operations & Maintenance Manager File M(509)575-6093 D(509)249-6863 F(509)576-6394 E linda.kuntz@yakimawa.gov W www.yakimawa.gov/services/purchasing EXHIBIT B - CONTRACTOR'S QUOTE FORM �.. CITY OF YAKIMA INVITATION TO QUOTE # 22408 fir •/,;' SIGNATURE SHEET l!LIST lit SUBA111/11) b't%I111 YOUR QUOIT RISPOIVSE THIS IS NOT AN ORDER DOTE Release Date: August 21,2024 Quote Receipt: Quotes may be mailed. If mailed,envelope must be sealed and plainly marked with the Quote Number 22408,due date,time,and the words"DO NOT OPEN"and delivered to the address listed below. Deliver to: City of Yakima Purchasing Division Yakima City Hall, 2nd Floor 129 North Second Street Yakima, WA 98901 Quote Openings Are Not Public. Purchasing For Buyer in charge of this procurement(Contact for further information): Yakima Air Terminal/McAllister Field Linda Kuntz, Buyer 1 2406 W Washington Ave., Suite B Yakima, WA 98902 'uotes Must be submitted by: Phone E-Mail Address September 5, 2024 @ 2 PM PST (509) 249-6863 Linda.kuntz@yakimawa.gov PROJECT DESCRIPTION SUMMARY Runway Deicer •nter Prompt Payment Discount._0_%net_0_days Well will complete delivery within_1-2_days after receipt of order. Delivery Details: FOB Destination, Freight Prepaid, Inside Delivery required ]Check if you are a WMBE or DBE Vendor and list certification Number: ] I hereby acknowledge receiving addendum(a) _1_, (use as many spaces as addenda received) 1 signing this Quote we also certify that we have not,either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken ny 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 Quote; that this Quote as been independently arrived at without collusion with any other Bidder, competitor or potential competitor; that this Quote has not been knowingly disclosed nor to the opening of Quotes to any other Bidder or competitor;that the above statement is accurate under penalty of perjury. urthermore, the Washington State Interlocal Cooperative Act(RCW 39.34)provides that other governmental agencies may purchase goods or services on this olicitation 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 ie purchase orders or contracts issued by other public agencies. Ve will comply with all terms,conditions and specifications required by the City of Yakima in this Invitation to Quote and all terms of our Quote. .ompany Name Company Address wo Rivers Terminal, LLC 3300 North Glade Road Pasco,WA 99301 lame of Authorized Company Representative(Type or Print) Title Phone ( 509 )760-8426 Efrain Alvarez Territory Manager Fax ( 509)542-9568 ignature of Above Date Email Address OA" September 5,2024 Efrainaitworiversterminal.com 22408 Runway Deicer Page 1 of 25 VI.QUOTE FORM INVITATION TO QUOTE NO. 22408 TO BIDDER: PLEASE QUOTE YOUR LOWEST PRICE, BEST DELIVERY DATE AND PAYMENT DISCOUNT TERMS FOR THE FOLLOWING. THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL QUOTES AND TO ACCEPT ANY OR ALL ITEMS AT THE PRICE QUOTED. THE CITY INTENDS TO AWARD THIS CONTRACT WITHIN 90 CALENDAR DAYS. Quote your lowest price for the following: SCHEDULE 1—Solid Deicing Chemicals (This product must meet FAA approval specifications SAE AMS1431E or more current version). Item Description Qty. Price Total Price No. Per Unit (without tax) 1. Solid Deicing Chemicals (one metric-ton sack) $0.97/LB_ $2,137.88 Product Trade Name Offered: (each) Sodium Formate, Solid runway deicer $0.97 per Lb. one metric ton = 2204Ibs bulk bag (2204 lbs.) 2. Solid Deicing Chemicals (55 lb. bags,40 bags/pallet) $0.97/LB $ 2,138.66 Product Trade Name Offered: (pallet) Sodium Formate, Solid runway deicer $0.97 per Lb. 55.12 Lb. bag, 40 bags/pallet (2204.8 lbs.) SCHEDULE 2—Liquid Deicing Chemicals (This product must meet the latest FAA approved specifications SAE AMS143D or more current version). 3. Liquid Deicing Chemicals (bulk delivery) $_5.61_ $_16,830 Product Trade Name Offered: (gallon) Potassium Acetate 50% Runway (3000 gallons) Deicing Fluid SUB TOTAL $21,106.54 WA STATE SALES TAX—Destination Based @8.3% $1,751.84 TOTAL $22,858.38 List discount offered off list price for any other items not specifically listed —0% 22408 Runway Deicer Page 14 of 25 IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written, CITY OF YAKIMA [ENTER CONTRACTOR NAME] 4 t By: .!,�,� i^'if City Manager Date: Date: 7' f 2O'2- `/ 4.4. tv "4,11 Ca- Attest: (Print name) City Clerk List of Exhibits attached to this contract Exhibit A-Specifications Exhibit B-Contractor's Quote Form 22408 Runway Deicer Page 23 of 25 (_____ BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.J. For Meeting of: January 7, 2025 ITEM TITLE: Resolution authorizing award for Quote 22408 and agreements with Pelican Chemicals and Two Rivers Terminal to provide de-icer products for the Yakima Air Terminal SUBMITTED BY: *Jaime Vera, Airport Operations & Maintenance Manager Christina Payer, Buyer II SUMMARY EXPLANATION: If approved, these contracts will enable Pelican Chemicals and Two Rivers Terminal to provide solid and liquid deicing chemicals for the Yakima Air Terminal runways. The contract term is five years with an approximate contract value of$200,000. Quotes were solicited under Quote No. 22408 - Runway Deicer, to provide deicer products. An award per schedule is recommended, as it is the best overall value to the city. Pelican Chemicals and Two Rivers Terminal were the only responsive quotes received by responsible bidders. The Scope of Work and Budget for these products meet the needs and requirements of the Yakima Air Terminal. ITEM BUDGETED: Yes STRATEGIC PRIORITY 24-25: A Resilient Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Resolution_22408 Quote 22408 Agreement Pelican Chemicals_FINAL_12-5-24.pdf 22408_Agreement_Two Rivers Terminal_FINAL_12-6-24.pdf Tab 22408 Runway Deicer YAT FINAL_cp_rs.pdf