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HomeMy WebLinkAboutR-2019-043 Agreement with Solenis (Formerly BASF Corp); Wastewater Treatment Plant Award of Bid 11834RESOLUTION NO. R-2019-043 A RESOLUTION authorizing award of BID 11834 and execution of an agreement with Solenis (formerly BASF Corp), to purchase Cationic Polymer Flocculant. WHEREAS, the City posted and published notice on December 10 and 11, 2018 in the Yakima Herald Republic and on the city's webpage that BID No 11834 was available for competitive bid, and WHEREAS, Bids were due December 28, 2018 at 11.00 a.m , bids that were timely received were publicly opened in City Council Chambers in Yakima, Washington, and WHEREAS, the following Bids were received, as evidenced by the attached Bid Tabulation Form, and WHEREAS, all responsive Bids were sent to the Wastewater Division for Recommendation of Award, and WHEREAS, BASF Corporation, now known as Solenis, was the lowest responsive Bid received, the Wastewater Division recommends the Contract Award be issued to BASF Corporation/Solenis, and that the City Manager execute the Contract; and WHEREAS, the Scope of Work and available budget meet the needs and requirements of the City of Yakima for this procurement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Bid is hereby awarded and the City Manager is hereby authorized to execute the Contract with Solenis, incorporated herein by this reference, in the amount of $124,484 10 for the procurement of Cationic Polymer Flocculant ADOPTED BY THE CITY COUNCIL this 16th day of April, 2019 ATTEST on �y �Iaar Tee, City Clerk, t) Kathy Coffey Mayor AGREEMENT CITY OF YAKIMA BID 11834 CATIONIC POLYMER FLOCCULANT THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation ("City") and BASF, ("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 provide all materials, products and fumish all tools, labor and equipment for delivery (collectively referred to as "Services") according to the procedure and specifications outlined in Bid 11834 Cationic Polymer Flocculant Specifications which are attached as Exhibit A, and the most recent edition of the ANSI and AWWA Standards, all of which are incorporated herein by this reference, and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. 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 provided for in this Contract and every part thereof, except such as are mentioned in the specifications to be fumished 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 specifications and payment schedule of itemized prices as listed in the Contractor's Bid submittal at the time and in the manner and upon the conditions provided for the Contract. 3. Contract Term The period of this Contract shall be for a period of one year from its effective date. The City may, at its option, extend the Contract on a year to year basis for up to four additional years provided, however, that either party may at any time during the life of this Contract, or any extension thereof, terminate this Contract by giving thirty (30) days' notice in writing to the other party of its intention to cancel. 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. Prices shall remain firm for the first twelve month period of the Contract. 4. Changes Any proposed change in this Contract shall be submitted to the other party, for its prior written approval. If approved, change will be made 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. 5. Agency Relationship between City/County 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. 6. Successors and Assigns 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. Contract — Bid 11834 Cationic Polymer Ftocculant Page 1 of 6 The Contractor for himself, and for his 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. 7. Property Rights All records or papers of any sort relating to the City and to the project will at all limes 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. 8. Inspection and Production of Records The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the City, but the making of (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe, and proper facilities, and/or send copies of the requested documents to the City. Contractor's records relating to the Services will be provided to the City upon the City's request. Contractor shall promptly fumish 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 longerr 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. 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 records. They must be produced to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to Contractor's services under this Contract must be retained by Contractor for the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule. The terms of this section shall survive any expiration or termination of this Contract. 9. Work Made for Hire All work the Contractor performs under this Contract shall be considered work made for hire, and shall be the property of the City. The City shall own any and all data, documents, plans, copyrights, specifications, working papers, and any other materials the Contractor produces in connection with this Contract. On completion or termination of the Contract, the Contractor shall deliver these materials to the City. 10. Guarantee Contractor warrants the Services will be free from defects in material and workmanship for a period of one year following the date of completion and acceptance of the Services. 11. 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 govemmental agency or regulatory body, whether federal, state, local, or otherwise; Contractor shall procure and have att applicable and necessary permits, licenses and approvals of any federal, state, and local govemment or govemmental authority or this project, pay all charges and fees, and give all notices necessary and incidental to the due and lawful execution of the work. a. Procurement of a City Business License. Contractor must procure a City of Yakima Business License and pay all charges, fees, and taxes associated with said license. b. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as required in Title 85 RCW. Contract — Bid 11834 Cationic Polymer Flocculant Page 2 of 6 c. Contractor must provide proof of a:valid Washington Unified Business Identification (UBI) number. Contractor must have a current UBI number and not be disqualified from bidding on any public works contract under RCW 39.06.101 or 36.12.065(3). d. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50 RCW. e. Foreign (Non -Washington) Corporations: Although the City does not require foreign corporate proposers to qualify in the City, County or State prior to submitting a proposal, it is specifically understood and agreed that any such corporation will promptly take all necessary measures to become authorized to conduct business in the City of Yakima at their own expense, without regard to whether such corporation is actually awarded the contract, and in the event that the=award is made, prior to conducting any business in the City. 12. Nondiscrimination 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, 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. 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. 13. Indemnification and Hold Harmless, a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or property. Contractor agrees to defend, indemnify and hold harmless the City, its elected and appointed officials, officers, employees, attorneys, agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties, fines, ilawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable costs. and attomey fees) which result or arise out of the sole negligent acts or omissions of Contractor, its officials, officers, employees or agents. b. If any suit, judgment, action, claim or demand arises out of, or occurs in conjunction with, the negligent acts and/or omissions of both the Contractor and the City, or their elected or appointed officials, officers, employees, agents, attorneys or volunteers, pursuant to this Contract, each party shall be liable for its proportionate share of negligence for any resulting suit, judgment, action, claim, demand, damages or costs and expenses, including reasonable attorneys' fees. c. Contractor's Waiver of Employers Immunity under Title 51 RCW. If any design or engineering work is done pursuant to this Contract, Contractor intends that its indemnification, defense, and hold harmless obligations set forth above in Section A shall operate with full effect regardless of any provision to the contrary in Title 51 RCW, Washington's Industrial Insurance Act. Accordingly, to the extent necessary to fully satisfy the Contractor's indemnification, defense, and hold harmless obligations set forth above in Section A, Contractor specifically waives any immunity'.granted under Title 51 RCW, and specifically assumes all potential liability for actions brought by employees of the Contractor against the City and its elected and appointed officials, officers, employees, attomeys, agents, and volunteers. The parties have mutually negotiated this waiver. Contractor shall similarly 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, shall 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 provisions of this section shall survive the expiration or termination of this Agreement. Contract — Bid 11834 Cationic Polymer Floccuiant Page 3 of 6 d. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any third party. e. The terms of this Section shall survive any expiration or termination of this Contract. 14. Contractor's Liability Insurance At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect insurance to protect the City and Contractor from and against any and all claims, damages, losses, and expenses arising out of or resulting from the performance of this Contract. 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 will 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 willbe included with the certificate. This Certificate of insurance shall be provided to the City, prior to commencement of work. Failure of City to demand such verification ,of coverage with these insurance requirements or failure of City to identify a deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. The following insurance is required: a. Commercial Liability Insurance: Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance 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 policy 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 Bests Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. b. Automobile Liability Insurance: Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence. ilf 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. s Said policy shall be in effect for the duration of this Contract. The policy 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 Bests Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. The business auto liability shall include Hired and Non -Owned coverage if necessary. Contract — Bid 11834 Cationic Polymer Fiocculant Page 4 of 6 c. Employer's Liability (Stop Gap): Contractor and all subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable, and shalt 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 shall not contribute to it. 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. Should a court of competent jurisdiction determine that this Contract 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 Contractor and the City, its officers, elected and appointed officials, employees, agents, attorneys and volunteers, Contractor's liability hereunder shall be limited to the extent of the Contractor's negligence. 15. Severability If any term or condition of this Contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Contract are declared severable. 16. Contract Documents This Contract, the Invitation to Bid #11834, 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. 17. Termination - Convenience This Contract may be terminated by either party by giving thirty (30) days written notice of such intent and will become effective thirty (30) days from the date such written notice is delivered to the applicable party to the Contract. 18. Termination - Cause The City reserves the right to terminate this Contract at any time, upon written notice, in the event that the Services of Contractor are deemed by the City to be unsatisfactory, or upon failure to perform any of the terms and conditions contained in this Contract. The effective date for such termination shall be upon receipt of the notice, or three days after the notice is mailed first class mail, certified with retum receipt requested. 19. Force Majeure Contractor will not be responsible for decays in delivery due to acts of God, fire, strikes, epidemics, war, not, 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. 20. Governing Law This Contract shall be govemed by and construed in accordance with the laws of the State of Washington. Contract — Bid 11834 Cationic Polymer Flocculant Page 5 of 6 21. 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. 22. Authority The person executing this Contract, on behalf of Contractor, represents and warrants that he/she has been fully authorized by Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms, performances and provisions of this Contract. 23. Notice Any notice required or permitted to be given ;under this Contract shall be in writing and deemed effective if either delivered in person or by ovemight courier, facsimile or first class mail, certified with retum receipt requested. Notices to the parties shall be delivered to: TO CITY: City Manager TO CONTRACTOR: Suzanne Brown City of Yakima Solenis LLC City Hail —First Floor 3 RaavPr Vallay Road, Suite 500 129 North Second Street Wilmington, DE 19803 Yakima, WA 98901 COPY TO: City of Yakima Purchasing City Hall —First Floor 129 North Second Street Yakima, WA 98901 25. Survival The foregoing sections of this Contract, 2-24 inclusive, shall survive the expiration or termination of this Contract in accordance with their terms. IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written. CITY OF YAKIMA (ENTER CONTRACTOR NAME). Cliff e, (anager Date: L1— t 7 1 1 Attest: By: March 19, 2019 Date: Jason Burhans (Print name) �/ , v. CITY CONTRACT NO• ;200-0 01 • \ ▪ ""1` .1•,' n RESOLUTION NO: I< -x0 - T3 y, r` Contract - Bid 11834 Cationic Polymer Fiocculant Page 6 of 6 ET art oP YAKIMA PURCHASING IMIDISION 129 North 2"d Street . Yakima, Washington . 98901 December 19,2018 ATTENTION: All Bidders SUBJECT: Bid No. 11834 Cationic Polymer Flocculent for the Wastewater Treatment Plant ADDENDUM No. 1 PLEASE MAKE THE FOLLOWING CHANGES TO YOUR SPECIFICATIONS The due date of this Bid has been extended. Electronic sealed Bids will be accepted via PublicPurchase.com until the hour of 11:00:0o AM PST on to JANUARY 7,2019 Please add the following to your specifications: Safety Questionnaire. Please add the Safety Questionnaire to your Bid Specifications and upload as part of your Bid response. Please acknowledge receipt of this addendum on the Signature Sheet (page 2) of the Bid document in the space provided. If you have any questions please call me at(509)575-6093. Sincerely, {{ LCIGIi 1ti l �r mi Susan Knotts,CPPO, CPPB Buyer II Phone:(509)575-6095 Fax:(509)576-6394 Email:Susan.Knotts@YakimaWA.Gov Web: www.YakimaWA.Gov/Services/Purchasinq Bid 11834 Cationic Polymer Flocculant Page 1 of 1 . • Cationic Polymer Flocculant Bid 11834 Safety Questionnaire 1. Is Cationic Polymer Flocculant shipped on radio-equipped trucks? Yes❑ No ❑ 2. What safety equipment is carried on the delivery trucks? A. B. C. D. E. 3. What is your unloading procedure(using the above listed safety equipment)? 4. What emergency training will the drivers receive? Name of Course: Number of Hours: Date of Training: 1. 2. 3. 5. What procedures are proposed for emergencies during transport? 11834 Cationic Polymer Flocculant Page 1 of 2 (I.e. Will local Fire Departments be notified of transport routes and times?) 1. 2. 3. 4. 6. Who in the supplier's organization do we contact in case of emergency? Name Position Phone number 11834 Cationic Polymer Flocculant Page 2 of 2 City of Yakima NOTICE TO BIDDERS BID 11834 Notice is hereby given by the undersigned that electronic sealed Bids will be accepted via PublicPurchase.com until the hour of 11:00:00 AM PST on December 28, 2018. Bids will be publicly opened in Yakima City Hall, Council Chambers, 129 N. 2nd Street, Yakima, Washington 98901. At such time, Bids will be publicly read for: Cationic Polymer Flocculant. Instructions to register with PublicPurchase.com are available at www.yakimawa.gov/services/purchasing. The City of Yakima reserves the right to reject any & all Bids. The City hereby notifies all Bidders that it will affirmatively ensure compliance with WA State Law Against Discrimination (RCW chapter 49.60) & the Americans with Disabilities Act (42 USC 12101 et set.) Dated December 10, 2018. Publish on December 10th & 11th, 2018 Susan Knotts, Buyer II 11834 Cationic Polymer Flocculant-WWTP Page 1 of 27 • CITY OF YAKIMA INVITATION TO BID #11834 z COVER SHEET - . .. �YAKimeA = THIS IS NOT AN ORDER BID Release Date December 10, 2018 Bid Receipt: Bidders must first register with PublicPurchase.com and Bid shall be completely uploaded into PublicPurchase.com no later than the date and time listed below. Register as early as possible and do not wait until the due date to upload your documents, as this may take some time. Late Bids will not be accepted or evaluated. If you try to submit a Bid late, the electronic system will not receive it. Bid openings are public. Bids shall be firm for acceptance for ninety (90) days from date of Bid opening, unless otherwise noted BIDS ARE ONLY RECEIVED THROUGH PUBLICPURCHASE.COM Purchasing For Buyer in charge of this procurement(Contact for further information). City of Yakima Wastewater Treatment Plant Susan Knotts, CPPO, CPPB 2220 East Viola Buyer II Yakima, WA 98901 Bids Must be completely uploaded by: Phone E-Mail Address December 28, 2018 at 11 :00:0o AM PST (509) 575-6095 Susan.Knotts@YakimaWA.Gov Public Opening El PROJECT DESCRIPTION SUMMARY Cationic Polymer Flocculant For the Wastewater Treatment Plant Enter Prompt Payment Discount: % net days Wed will complete delivery within days after receipt of order. MAXIMUM DELIVERY IS 10 BUSINESS DAYS ARO. Delivery Details: FOB Destination, Freight Prepaid, Inside Delivery required ❑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 Bid we also certify that we have not, either directly or indirectly,entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition;that no attempt has been made to induce any other person or firm to submit or not to submit a Bid;that this Bid has been independently arrived at without collusion with any other Bidder,competitor or potential competitor;that this Bid has not been knowingly disclosed prior to the opening of Bids to any other Bidder or competitor;that the above statement is accurate under penalty of perjury. Furthermore, the Washington State Interlocal Cooperative Act (RCW 39.34) provides that other governmental agencies may purchase goods or services on this solicitation or contract in accordance with the terms and prices indicated therein if all parties agree. The City does not accept any responsibility or involvement in the purchase orders or contracts issued by other public agencies. We will comply with all terms,conditions and specifications required by the City of Yakima in this Invitation to Bid and all terms of our Bid. Company Name Company Address Name of Authorized Company Representative(Type or Print) Title Phone ( Fax ( ) Signature of Above Date Email Address 11834 Cationic Polymer Flocculant-WWTP Page 2 of 27 Invitation to Bid#11834 I. Contents I. CONTENTS 3 II. GENERAL INFORMATION 5 1. Purpose 5 2. Contracting Agency and Point of Contact 5 3. New and Unused 5 4. Best Modern Practices 5 5. Equal/Approved Equal 5 6. Exceptions 5 7. Samples and Centrifuge Trails 6 8. More or Less 6 9. Delivery 6 10. Delivery Acceptance 6 11. Delivery of Unapproved Substitutions 6 12. Contract Term 6 13. Pricing and Discount 6 14. Price Increases 7 15. Price Decreases 7 16. Expansion Clause 8 17. Warranty 8 18. Warranty Coverage 8 19. Permits 8 20. Regulations and Codes 8 21. Prompt Payment 8 22. Payments 8 23. Payment Method-Credit Card Acceptance 9 24. Acceptance of Terms 9 25. Sales Tax 9 26. Tax Revenues 9 27. Clarifications and/or Revisions to Specification and Requirements 9 28. Incurring Costs 9 29. No Obligation to Contract 9 30. Retention of Rights 9 31. Points Not Addressed 10 32. Other City Departments/Like Items Added 10 33. Materials Bought from Different Supplier 10 34. Re-Award 10 35. Errors and Omissions 10 36. Changes 10 III. PREPARING AND SUBMITTING A BID 10 1. General Instructions 10 2. Submitting a Bid 11 3. Multiple Bids 11 4. Withdrawal of Bids 11 IV. EVALUATION AND CONTRACT AWARD 11 1. Preliminary Evaluation 11 11834 Cationic Polymer Flocculant-WWTP Page 3 of 27 2. Bid Evaluation 11 3. Offer in Effect for Ninety(90) Days 11 4. Protest Procedure 11 V. TECHNICAL SPECIFICATIONS 12 1. Technical Specification Analysis- ii.T ilt I PIOIP►IJ&SI Buffo T'CU BITIt mil 13 2. Centrifuge Trials 14 VI. SAMPLE CONTRACT 17 1. Statement of Work 17 2. Compensation 17 3. Contract Term 17 4. Changes 17 5. Agency Relationship between City/County and Contractor 17 6. Successors and Assigns 17 7. Property Rights 18 8. Inspection and Production of Records 18 9. Work Made for Hire 18 10. Guarantee 18 11. Compliance with Law 18 12. Nondiscrimination 19 13. Indemnification and Hold Harmless 19 14. Contractor's Liability Insurance 20 15. Severability 21 16. Contract Documents 21 17. Termination- Convenience 21 18. Termination-Cause 21 19. Force Majeure 21 20. Governing Law 21 21. Venue 21 22. Authority 21 23. Notice 22 VII. BID FORM - lu1 NI;SI BIITI'TI.11&1110MD II WI NIP 23 VIII. BIDDER QUESTIONNAIRE- IllsT Hot Nunn RIpotion gum 24 IX. CERTIFICATE OF INSURANCE AND ADDITIONAL INSURED ENDORSEMENT 25 1. Sample of Certificate of Insurance 25 2. Sample Additional Insured Endorsement 26 X. E-VERIFY- M1II;S'I Ii! 5!it to fl'll&i riii i;i ii nil!!BM 25 11834 Cationic Polymer Flocculant-WWTP Page 4 of 27 INVITATION TO BID # 11834 Cationic Polymer Flocculant for the Wastewater Treatment Plant II. GENERAL INFORMATION 1. Purpose It is the intent and purpose of these specifications to describe Cationic Polymer Flocculant, for use in the City's sludge dewatering process, in sufficient detail to secure bids on comparable material(s), product(s), process(s) and delivery. All parts and materials, which are necessary in order to provide complete, ready for operation Cationic Polymer Flocculant, shall be included in the Bid and shall conform in strength, quality and material to that which is usually provided the trade in general. Any variance from the specifications or standards of quality must be clearly pointed out in writing by the Bidder. 2. Contracting Agency and Point of Contact This Bid is issued by the City of Yakima/Yakima County Purchasing Division, which has served both the City and County Purchasing functions since 2009. The person responsible for managing this Bid process from beginning to end is the Buyer listed on page 2 of this solicitation. From the date of release of this Bid until a Contract is issued, all contacts (pertaining to this solicitation)with City's employees, and other personnel performing official business for the City regarding this Bid shall be made through the Buyer listed on page 2. Contact with other City personnel regarding this Bid is not permitted during the procurement process and violation of these conditions may be considered sufficient cause for rejection of a Bid and disqualification of the Bidder. 3. New and Unused All units, product and material shall be new, unused, and in manufacturer's current production. All materials shall have physical and chemical properties to withstand the intended purpose 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 bid on the bid 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 bid shall be equal to or better than the specifications stated herein and all exceptions to these specifications shall be so listed on a separate sheet headed "EXCEPTIONS TO THE SPECIFICATIONS". Any Bid submitted without exceptions will be required to meet every detail of these specifications regardless of cost to the successful bidder. 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. 11834 Cationic Polymer Flocculant-WWTP Page 5 of 27 7. Samples and Centrifuge Trails Centrifuge trials will be conducted using Yakima's Alfa Laval Centrifuge Model 706 G2. Vendors participating in the trials will provide 100-110 pounds of their cationic polymer flocculant for testing and quality of performance during a typical centrifuge operation. All polymer used in the trials will be provided by the Vendor at their expense and must be provided in 50 or 55 pound bags. 8. More or Less Quantities are estimated only and shall be bid on a MORE OR LESS basis. For the purpose of comparison, Bids shall be made in the quantities listed in this specification. Listed quantities shall not be considered firm estimates of requirements for the year, nor shall the City be bound or limited to quantities listed. Payment will be made only for quantities actually ordered, delivered, and accepted, whether greater or less than the stated amounts. 9. Delivery The maximum number of days allowed for delivery is 10 business days after receipt of order. Each Bidder is required to list on the Bid Form the number of calendar days he/she expects delivery to be made at the destination, in terms of time interval, following placement of order. Time of delivery is important and will be considered in the evaluation of the Bids. Failure to include a specific number of calendar days may be sufficient grounds for rejection of Bid. Orders will normally be placed for six (6) - 700 KG tay bags per delivery. Each 700 KG tay bag will be shipped on an individual, non-returnable pallet.The shipper must provide a means of moving pallets to the end of the truck where they can be removed by forklift. The Vendor is responsible for hiring a qualified shipper and responsible for product damage caused by the shipper. 10. Delivery Acceptance Delivery will be accepted by the City of Yakima FOB Wastewater Treatment Plant, 2220 East Viola, Yakima, Washington, 98901, between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, ready for regular and safe operation. 11. Delivery of Unapproved Substitutions Vendors 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 Vendor 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 Vendor's name from the City mailing list for a period of up to three(3)years. 12. Contract Term See Section 3 of Contract So that other unanticipated orders may be placed, or so that other entities may piggyback the resulting contract, prices shall remain firm for 12 months from receipt of contract award. 13. Pricing and Discount The City qualifies for governmental discounts. Unit prices shall reflect these discounts. Unit prices shown on the Bid or Contract shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as stated on the Bid Form. For any given item,the quantity multiplied by the unit price shall establish the extended price,the unit price shall govern in the bid evaluation and contract administration. Prices established in continuing agreements and term contracts may be lowered due to general market conditions, but prices shall not be subject to increase for twelve (12) months from the date of award. Any 11834 Cationic Polymer Flocculant-WWTP Page 6 of 27 increase proposed shall be submitted to the Buyer listed on page 2, thirty (30) calendar days before the proposed effective date of the price increase, and shall be limited to fully documented cost increases to the Vendor which are demonstrated to be industry-wide. The conditions under which price increases may be granted shall be expressed in Bid documents and Contracts or Agreements. 14. Price Increases Pricing shall be prepared with the following terms. The Purchasing Manager may exempt these requirements for extraordinary conditions that could not have been known by either party at the time of bid or other circumstances beyond the control of both parties, as determined in the opinion of the Purchasing Manager. Prices shall remain firm for the first twelve month period of the Contract. Requests for Rate Increases must be delivered to the Buyer listed on Page 2, in accordance with the rules below. No other employee may accept a rate increase request on behalf of the City. Any invoice that is sent to the City with pricing above that specified by the City in writing within this Contract or specified within an official written change issued by Purchasing to this Contract, shall be invalid. Payment of an erroneous invoice does not constitute acceptance of the erroneous pricing, and the City would seek reimbursement of the overpayment or would withhold such overpayment from future invoices. A. Discount from Manufacturer List Pricing: For all contract items that are priced as a discount below Manufacturer List Prices, there shall be no changes to the discount rate throughout the life of the Contract. As manufacturer list prices change, the net price to the City will automatically change in the same percentage as the discount rate to the City. B. Fixed Product Pricing: For product and supply contracts that provide on-going, multiple year supply. Original pricing shall be fixed and firm for the first year of the Contract. Price requests are at the discretion of the Purchasing Manager; and must also be: a. The direct result of increases at the manufacturer's level (or if Bidder is a supplier of a raw material delivered directly to the City such as brass, the increase must be verified at the supplier level). b. Incurred after contract commencement date. c. Not produce a higher profit margin than that on the original contract. d. Clearly identify the items impacted by the increase. e. Be filed with Purchasing Manager a minimum of thirty (30) calendar days before the effective date of proposed increase. f. Be accompanied by detailed documentation acceptable to the Purchasing Manager sufficient to warrant the increase. g. Should not deviate from the original contract pricing scheme/methodology. The United States published indices such as the Producer Price Index or other government data may be referenced to help substantiate the Contractor's documentation. A link to the PPI Commodity Data is available at http://data.bls.gov/PDQ/outside.isp?survey=wp. The adjustment (if any) shall remain firm and fixed for at least 365 days after the effective date of the adjustment. 15. 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. 11834 Cationic Polymer Flocculant-WWTP Page 7 of 27 16. 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. 17. Warranty Unless otherwise specifically stated by the Bidder, all goods, materials and services provided by the Vendor shall carry standard warranty coverage against defects or faulty materials by the Vendor for one (1) year or as furnished by trade in general 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. Vendor warrants that all goods, materials and services furnished under this Agreement are new, conform strictly to the specifications herein, are merchantable,good materials,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 product defect is discovered, or if product is found to cause failure,the Vendor shall replace the product at their own expense, including shipping charges. Any replacement product will carry the standard warranty coverage as furnished by trade in general or 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. Vendor's warranties (and any more favorable warranties, service policies, or similar undertaking of Vendor) shall survive delivery, inspection, and acceptance of the goods or services. 18. Warranty Coverage Warranty coverage will not commence until the date the product is put into service as reported by the City; or thirty(30) days after final payment for the product; whichever occurs first. 19. Permits All necessary permits required to perform work or deliver product are to be supplied by the Vendor at no addition cost to the City. 20. Regulations and Codes To the extent applicable, all equipment and/or materials shall comply with Washington State vehicle regulations, Federal regulations,OSHA and WISHA requirements,to include EPA standards and City safety codes. 21. Prompt Payment Bidders are encouraged to offer a discount for prompt payment of invoice. Please indicate your discount proposal on page 2 of this document. If awarded by the City, period of entitlement begins only after: • Receipt of a properly completed invoice • Receipt of all supplies,equipment or services ordered • Satisfactory completion of all contractual requirements 22. Payments Vendor is to submit properly completed invoice(s)to: City of Yakima,Accounts Payable, 129 N. 2nd Street,Yakima, WA 98901. To insure prompt payment each invoice should cite purchase order number, bid number, description of item purchased, unit and total price, discount terms and include the 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 product. 11834 Cationic Polymer Flocculant-WWTP Page 8 of 27 23. 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. 24. Acceptance of Terms Acceptance of a City Purchase Order (PO) for any units and/or product 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 product specification(s); including all penalties mentioned. 25. Sales Tax The City of Yakima's Sales Tax rate is currently 8.2%. However, the amount of sales tax will not be considered in determining which bid is the lowest and best bid. 26. Tax Revenues RCW 39.34.040 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, in determining which Bid in the lowest bid, after the tax revenue has been considered. 27. Clarifications and/or Revisions to Specification and Requirements If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this solicitation, the Bidder has a duty to immediately notify the Buyer of such concern and request modification or clarification of the Bid document. Any questions, exceptions, or additions concerning the subject matter of the Bid document(s) shall not be considered unless submitted via e-mail (no phone calls) to the Buyer listed on page 2, a minimum of five (5) business days prior to the submittal due date. In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this Bid, supplements or revisions will be provided to all known Bidders in the form of an Addendum. All Addenda are posted on www.YakimaWA.Gov/Services/Purchasing and sent directly to interested parties who have registered (per instructions on website)for updates to this Bid. If any requirements of the Bid are unacceptable to any prospective Bidder,they may choose not to submit a Bid. 28. Incurring Costs The City is not liable for any cost incurred by a Bidder in the process of responding to this Bid, including but not limited to the cost of preparing and submitting a response, in the conduct product trials or a presentation, in facilitating site visits or any other activities related to responding to this Bid. 29. No Obligation to Contract This Bid does not obligate the City to contract for service(s), or product(s) specified herein. City reserves the right to cancel or reissue this Bid in whole or in part, for any reason prior to the issuance of a Notice of Intent to Award. The City does not guarantee to purchase any specific quantity or dollar amount. Bids that stipulate that the City shall guarantee a specific quantity or dollar amount will be disqualified (e.g. "all-or-none".) 30. Retention of Rights The City retains the right to accept or reject any or all Bids or accept any presented which meet or exceeds these specifications, and which would be in the best interest of the City and will not necessarily be bound to accept the low bid. 11834 Cationic Polymer Flocculant-WWTP Page 9 of 27 All Bids become the property of City upon receipt. All rights,title and interest in all materials and ideas prepared by the Bidder for the Bid to City shall be the exclusive property of City and may be used by the City at its option. 31. 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. 32. 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. 33. Materials Bought from Different Supplier Should the Vendor be unable to or refuse to supply materials or product, 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 or product bought from a different supplier, the difference in the Bid price of the materials or product and that paid the new supplier, in order to do the work, shall be charged to and paid for by the Vendor holding the Bid award for these products. Vendor shall not, however, be responsible for delays in delivery due to: • Unavoidable mechanical breakdowns • Strikes • Inability to secure component materials • Acts of God • Fire Provided the Buyer listed on Page 2 is notified in writing by the Vendor 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. 34. Re-Award When the Vendor is terminated by the City or the Vendor 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. 35. Errors and Omissions The City reserves the right to correct obvious ambiguities and errors in the Bidder's Bid 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. 36. Changes Any proposed change in this Contract shall be submitted in writing to the Buyer listed on Page 2 for prior approval. If approved, she will make the change by a contract modification that will become effective upon execution by the parties hereto. Any oral statement or representation changing any of these terms or conditions is specifically unauthorized and is not valid. III. PREPARING AND SUBMITTING A BID 1. General Instructions The evaluation and selection of a Bidder will be based on the information submitted in their Bid response and the results of centrifuge trials. Award will be made to the lowest responsive and responsible Bidder meeting all minimum qualifications and a successful centrifuge trial. 11834 Cationic Polymer Flocculant-WWTP Page 10 of 27 Failure to respond to each of the requirements in the Bid may be the basis for rejecting a Bid. 2. Submitting a Bid Bids shall be completely uploaded into Public Purchase.com no later than the date and time listed on Page 2 of this Bid. Late Bids will not be accepted or evaluated. If you try to submit a Bid Late, the electronic system will not receive it. If City Hall is closed for business at the time scheduled for opening,for whatever reasons, Bidder's response will be opened on the next business day of the City,at the originally scheduled hour. Bidders must submit their Bid electronically through PublicPurchase.com where they will be kept in an electronic lockbox until date and time of opening. To register as a Vendor/Bidder with Public Purchase, go to www.publicpurchase.com or the City of Yakima website at www.YakimaWA.Gov/Services/Purchasing. The City is not responsible for late bids due to operator error, electronic malfunction, system errors or interruptions affecting the Public Purchase site and the processing of any bids. The Purchasing Manager reserves the right to make exceptions for extenuating circumstances. Bids are not considered to be confidential per Washington State Public Records Act (RCW 42.56 et seq.) All sections of the response shall be made available to the public immediately after bid opening. 3. Multiple Bids Multiple Bids from a Bidder will be permissible; however, each Bid must conform fully to the requirements for Bid submission. Each such Bid must be submitted separately and labeled as Bid #1, Bid#2, etc. on the first page of their response. 4. Withdrawal of Bids Bidders may withdraw or supplement their Bid at any time up to the bid closing date and time. If a previously submitted Bid is withdrawn before the bid due date and time,the Bidder may submit another Bid at any time up to the bid closing date and time. After bid closing date and time, all submitted Bids shall be irrevocable until contract award. IV. EVALUATION AND CONTRACT AWARD 1. Preliminary Evaluation All Bids shall be evaluated against the same standards. The Bids will first be reviewed to determine if they contain the required forms,follow the submittal instructions, and meet all mandatory requirements. 2. Bid Evaluation Evaluation of Bids shall be based on cost, Bidder's supporting documentation, past experience with proposed manufacturer, service availability, delivery time and product availability, product design and functionalism, centrifuge trail results and effect on productivity. 3. Offer in Effect for Ninety(90) Days A Bid may not be modified, withdrawn or canceled by the Bidder for a ninety (90) day period following the Bid due date and time,or receipt of best and final offer, if required,and Bidder so agrees by submittal of a Bid. 4. 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 Purchasing Manager at 129 No. 2nd St., Yakima, WA 98901, or by fax: 509-576-6394 or email to: Sue.Ownby@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 11834 Cationic Polymer Flocculant-WWTP Page 11 of 27 requested. Protests based on specifications/scope of work, or other terms in the Bid shall be filed at least five (5) calendar days before the solicitations due date, and Protests based on award or after the award shall be filed no more than five calendar (5) days after Award Announcement (see below for details). The following steps shall be taken in an attempt to resolve the Protest with the Bidder: Step I. Purchasing Manager and Division Manager of solicitation try resolving matter with Protester. All available facts will be considered and the Purchasing Manager shall issue a written decision. Step II. If unresolved,within three (3) business days after receipt of written decision,the Protest may be appealed to the Department Head by the Purchasing Manager. Step III. If still unresolved, within three (3) business days after receipt of appeal response, the Protest may be appealed to the Executive (or his designee). The Executive shall make a final determination in writing to the Protester. Award Announcement Purchasing shall announce the successful Bidder via Website, e-mail, fax, regular mail, or by any other appropriate means. Once the Award is released by Purchasing,the protest time frame begins. The timeframe is not based upon when the Bidder received the information, but rather when the announcement is issued by Purchasing. Award Regardless of Protest When a written protest against making an award is received, the award shall not be made until the matter is resolved, unless the City determines that one of the following applies: • The supplies or services to be contracted for are urgently required • Delivery or performance will be unduly delayed by failure to make award promptly • A prompt award will otherwise be advantageous to the City. If the award is made, regardless of a protest,the award must be documented in the file, explaining the basis for the award. Written notice of the decision to proceed shall be sent to the Protester and others who may be concerned. The City retains the right to enter into any Contract and nothing herein shall be construed to limit that authority in any manner. V. TECHNICAL SPECIFICATIONS The Bidder must provide a detailed description of each major component of their proposed system and/or product. At a minimum, these descriptions shall take into consideration the specifications outlined in this Technical Specifications section. Bidders are reminded to provide point-by-point responses to all specifications. Evaluation will be based on compliance with specifications. Noncompliant items must be clearly indicated. Any additional work found necessary that is not specified in this Bid specification shall be listed on a separate sheet entitled "Additional Materials/Labor Required". The Bidder must complete the following Technical Specification Section using one of the following responses for each of the specifications. Y—Yes. The Bidder's proposed product currently satisfies the entire requirement and the proposed system will completely support the requirement. N—No. The Bidder's product does not currently satisfy the entire requirement, and the Bidder's delivered product will not satisfy the requirement. 11834 Cationic Polymer Flocculant-WWTP Page 12 of 27 E—Explanation. The Bidder's product partially satisfies the requirement and an explanation is included in the response. MR— Modification Required. The Bidder's product does not currently satisfy the requirement, but the Bidder commits that the delivered base product will satisfy the requirement at no additional cost and shall be supported in future releases of the Bidder's base products. Note that, though some of the following Technical specifications may be answered with a Y of N, checking "NO" on any item will not necessarily disallow a Bid. Bids will be considered only from Bidders that have demonstrated the ability to produce a system/product of the quality required by theses specifications. The City shall be the sole judge as to whether an exception is acceptable or not. Bidders are encouraged to provide brochures and further detail where such detail might differentiate their products from those of their competitors or where such detail might assist in analysis of their Bid. Bidder shall specify the manufacturer of products being offered on the Bid Form of this solicitation. Failure to do so will be cause for rejection of Bid. 1. Technical Specification Analysis— II.ST BI I I'I.OADE!?&.SI puma II MI BID Each Bidder shall complete the "TECHNICAL SPECIFICATION ANALYSIS" section of the Bid Call and same shall be returned with the Bid Submittal. A complete response to each item is required. Attach any information necessary to explain or clarity your Bid. Bids failing to include specific responses may be rejected. Cationic Polymer Flocculant Technical Specification Analysis Form Yakima sludge is an anaerobically digested mixture of primary and waste activated sludges. Digester feed is approximately 55% primary sludge and 45% waste activated on a dry weight basis. The sludge feed to the centrifuge is currently averaging about 1.5%solids but may vary from 1.4-1.8%. The quantity of polymer purchased will be sufficient to dewater approximately 1600 dry tons of sludge per year. Item# Specification Yes No Comments 1 Polymer flocculant vendor must be either a manufacturer of the product or a company that has been authorized by the manufacturer to sell the product for its intended use. Are you a manufacturer or authorized by the manufacturer to sell the product? 2 Polymer flocculant will be suitable for use in horizontal, continuous feed, scroll type, Alfa Laval Centrifuge Model 706 G2. Polymer will be suitable for injection at the entrance to the centrifuge or at the sludge feed pump. 3 Polymer flocculant shall be a high to medium charge cationic in powder form. 4 Polymer flocculant shall be suitable for blending in a Siemens DP2000 dry polymer dispersing and blending system. 11834 Cationic Polymer Flocculant-WWTP Page 13 of 27 Item# Specification Yes No Comments 5 Polymer flocculant will be suitable for dewatering anaerobically digested sludge consisting of approximately 55% primary sludge and 45% biological sludge on a dry weight basis. 6 Polymer flocculant will be capable of dewatering anaerobically digested sludge to 20% solids at a solids feed rate of at least 200 gpm (1400 pounds per hour) with 95%solids recovery. 7 Polymer flocculant shall have a cure time of no more than one (1) hour. 8 Polymer flocculant shall be furnished in 700 KG (1,600 lb.) tay bag or 25 KG (55 lb.) bags as specified by the buyer. 9 Polymer flocculant shall have a shelf life of no less than one year in the unopened bag. 10 Vendor must be available for technical support five days a week via telephone and be able to provide on- site support within two days of a request for such support. 11 The vendor's technical support personnel must be knowledgeable in the use of the vendor's product and in the use of centrifuges to dewater wastewater sludge. 2. Centrifuge Trials The City of Yakima will not conduct a prequalification of Vendors. After bid opening the City will conduct centrifuge trials with Bidders who product is deemed suitable and meets all specifications. Centrifuge trials will be conducted using Yakima's Alfa Laval Centrifuge Model 706 G2 and consist of the Bidder providing 100-110 pounds of cationic polymer flocculant and observing its' performance during a typical centrifuge operation. All polymer used in the trials will be provided by the Bidder in 50 or 55 pound bags at their expense. Centrifuge trials must be scheduled by January 17, 2018. Contact Daryl Bullard or Brady Linden at(509) 575-6077 to schedule centrifuge trial. Recommended polymer concentration is 0.5%. Sufficient product must be mixed to dewater sludge for four (4) hours at a 200 gpm feed rate. The product must be able to produce a 20%cake or better, at sludge feed rate of 200 gpm (approximately 1400 lbs./hour). Feed sludge flow will be determined by direct reading from metered feed flow to the centrifuge. Solids concentration of the centrate must be no more than 5% of the feed sludge concentration (95% efficiency). Products that do not meet the minimum performance standards do not qualify for award. The minimum performance standards mentioned above (95% removal, 200 gpm sludge feed 11834 Cationic Polymer Flocculant-WWTP Page 14 of 27 rate and 20% cake) may be adjusted before the trials begin if sludge conditions and/or centrifuge operability dictate modification. City staff will mix all polymer in accordance with the Bidder's recommendations within the limitations of the system. Polymers will be aged in accordance with the Bidder's recommendations up to a maximum of one hour. Sufficient polymer must be supplied to the centrifuge by the existing polymer delivery system to effectively treat the 200 gpm sludge feed rate. Preceding the centrifuge trial, the Bidder will be allowed a two (2) hour optimization period to experiment with dilution water flow rates, polymer dosage and application points and centrifuge torque settings. The torque selection must be within the range of 20-27 inch pounds. The Bidder will advise the Operator as to the desired settings for these variables prior to the start of the trial. Once selected, these settings will remain fixed throughout the trial. The trial test period will be two (2) hours beginning immediately after the 2-hour optimization period. Sampling during the two hour trial will be conducted at 30 minute intervals by City staff. Samples will be composited and tested by plant laboratory staff to determine sludge feed concentration, centrate solids concentration and cake solids. The results of these analyses will be used in the evaluation formulas to determine if the minimum performance standards are met. Results will be considered proprietary to each Bidder until the bid process is complete. City staff is currently successful operating with the following parameters: sludge feed rates of 190-240 gpm, polymer dilution water at 0- 10 gpm,centrifuge torque setting at 20-27 inch-pounds and polymer application at the centrifuge feed line in the basement of the solids handling building. Each Bidder will be allowed two (2) trials. The Bidder will be given the option of trialing the same product a second time or trying a second product. If a Bidder wants to qualify two products, separate Bids must be submitted for each product. City staff can disqualify a product any time during the trial period if it is clearly unable to achieve the minimum performance standards set for qualification. Polymer Evaluation Formulas Pounds of polymer used will be determined by the centrifuge operator from polymer tank readings at the beginning and end of the two (2) hour trial period. Bid evaluation will be based upon the price of polymer per dry ton of sludge produced. Pounds of polymer per dry ton of biosolids produced will be established according to the following formulas: • Dry tons of biosolids produced will be determined by Formula "A". • The price of polymer per dry ton of sludge produced will be determined by Formula "B". Formula A: (Feed conc. -centrate conc.)X Sludge flow X 8.34/2000 Where feed and centrate concentration are in mg/I and are determined by Yakima laboratory staff from the composite samples taken during the 2-hour trial period. Sludge flow will be in million gallons, and will be determined by the centrifuge operator based upon reading from the flow totalizer at the beginning and end of the 2-hour trial period. Dilution water and polymer flow quantities will be subtracted from the total flow to determine how much of the metered flow is liquid sludge. The operators will determine the flow, the lab has to determine the concentrations of both feed and centrate. Formula B: (Lbs. polymer/dry ton)X(bid price in $/Ib). The pounds of polymer per dry ton above is determined by the 2-hour trial period using Formula A and bid price is the vendor's quoted bid price. Performance Standards Dewatering efficiency must be 95%or better. This will be determined by Formula "C". • Cake solids must be 20%or better. • Above performance standards must be achieved at 200 GPM sludge feed rate. 11834 Cationic Polymer Flocculant-WWTP Page 15 of 27 Formula C: (Feed conc.-centrate conc/feed conc.)X 100%. Feed and centrate concentrations are in mg/I. Throughout the life of the Contract,the City must obtain cost performance within ten percent (10%) of the performance standards established during the trials. If, during the life of the Contract, the product will not produce results within ten percent (10%) of the standards, the City reserves the right to terminate the Contract. Prior to this action, the Vendor will be offered the opportunity to assist City staff by making suggestions for improving product performance or by changing products. All remedial action taken by the Vendor will be subject to prior approval by City staff and will result in no additional cost to the City. 11834 Cationic Polymer Flocculant-WWTP Page 16 of 27 VI. SAMPLE CONTRACT For City of Yakima Use Only: AGREEMENT Project No. CITY OF YAKIMA BID No. BID 11834 CATIONIC POLYMER FLOCCULANT THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation ("City")and , ("Contractor"). WITNESSETH:The parties, in consideration of the terms and conditions herein,do hereby covenant and agree as follows: 1. Statement of Work The Contractor shall provide all materials, products and furnish all tools, labor and equipment for delivery (collectively referred to as "Services")according to the procedure and specifications outlined in Bid 11834 Cationic Polymer Flocculant Specifications which are attached as Exhibit A, and the most recent edition of the ANSI and AWWA Standards, all of which are incorporated herein by this reference, and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. 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 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 specifications and payment schedule of itemized prices as listed in the Contractor's Bid submittal at the time and in the manner and upon the conditions provided for the Contract. 3. Contract Term The period of this Contract shall be for a period of one year from its effective date. The City may,at its option,extend the Contract on a year to year basis for up to four additional years provided, however,that either party may at any time during the life of this Contract, or any extension thereof, terminate this Contract by giving thirty (30) days' notice in writing to the other party of its intention to cancel. 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. Prices shall remain firm for the first twelve month period of the Contract. 4. Changes Any proposed change in this Contract shall be submitted to the other party, for its prior written approval. If approved, change will be made 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. 5. Agency Relationship between City/County 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. 6. Successors and Assigns 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. The Contractor for himself, and for his 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. 11834 Cationic Polymer Flocculant-WWTP Page 17 of 27 7. 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. 8. Inspection and Production of Records The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the City, but the making of (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe, and proper facilities, and/or send copies of the requested documents to the City. Contractor's records relating to the Services will be provided to the City upon the City's request. 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. 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 records. They must be produced to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to Contractor's services under this Contract must be retained by Contractor for the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule. The terms of this section shall survive any expiration or termination of this Contract. 9. Work Made for Hire All work the Contractor performs under this Contract shall be considered work made for hire,and shall be the property of the City. The City shall own any and all data, documents, plans, copyrights, specifications, working papers, and any other materials the Contractor produces in connection with this Contract. On completion or termination of the Contract, the Contractor shall deliver these materials to the City. 10. Guarantee Contractor warrants the Services will be free from defects in material and workmanship for a period of one year following the date of completion and acceptance of the Services. 11. Compliance with Law Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. Contractor shall procure and have all applicable and necessary permits, licenses and approvals of any federal, state, and local government or governmental authority or this project, pay all charges and fees, and give all notices necessary and incidental to the due and lawful execution of the work. a. Procurement of a City Business License. Contractor must procure a City of Yakima Business License and pay all charges,fees,and taxes associated with said license. b. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as required in Title 85 RCW. c. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number. Contractor must have a current UBI number and not be disqualified from bidding on any public works contract under RCW 39.06.101 or 36.12.065(3). d. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50 RCW. 11834 Cationic Polymer Flocculant-WWTP Page 18 of 27 e. Foreign (Non-Washington) Corporations: Although the City does not require foreign corporate proposers to qualify in the City, County or State prior to submitting a proposal, it is specifically understood and agreed that any such corporation will promptly take all necessary measures to become authorized to conduct business in the City of Yakima at their own expense, without regard to whether such corporation is actually awarded the contract, and in the event that the award is made, prior to conducting any business in the City. 12. Nondiscrimination 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, 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. 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. 13. Indemnification and Hold Harmless a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or property. Contractor agrees to defend, indemnify and hold harmless the City, its elected and appointed officials, officers, employees, attorneys, agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties,fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses(including reasonable costs and attorney fees) which result or arise out of the sole negligent acts or omissions of Contractor, its officials, officers, employees or agents. b. If any suit, judgment, action, claim or demand arises out of, or occurs in conjunction with, the negligent acts and/or omissions of both the Contractor and the City, or their elected or appointed officials, officers, employees, agents, attorneys or volunteers, pursuant to this Contract, each party shall be liable for its proportionate share of negligence for any resulting suit, judgment, action, claim, demand, damages or costs and expenses, including reasonable attorneys' fees. c. Contractor's Waiver of Employer's Immunity under Title 51 RCW. If any design or engineering work is done pursuant to this Contract, Contractor intends that its indemnification, defense, and hold harmless obligations set forth above in Section A shall operate with full effect regardless of any provision to the contrary in Title 51 RCW,Washington's Industrial Insurance Act. Accordingly, to the extent necessary to fully satisfy the Contractor's indemnification, defense, and hold harmless obligations set forth above in Section A, Contractor specifically waives any immunity granted under Title 51 RCW, and specifically assumes all potential liability for actions brought by employees of the Contractor against the City and its elected and appointed officials,officers, employees, attorneys, agents, and volunteers. The parties have mutually negotiated this waiver. Contractor shall similarly 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, shall 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 provisions of this section shall survive the expiration or termination of this Agreement. 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. 11834 Cationic Polymer Flocculant-WWTP Page 19 of 27 14. Contractor's Liability Insurance At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect insurance to protect the City and Contractor from and against any and all claims, damages, losses, and expenses arising out of or resulting from the performance of this Contract. 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 will 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 will be included with the certificate. This Certificate of insurance shall be provided to the City, prior to commencement of work. Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify a deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. The following insurance is required: a. Commercial Liability Insurance: Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance 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 policy shall name the City of Yakima, its elected and appointed officials, employees, agents,attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A- VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. b. Automobile Liability Insurance: Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is,the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A- VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. The business auto liability shall include Hired and Non-Owned coverage if necessary. c. Employer's Liability(Stop Gap): Contractor and all subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable, and shall maintain Employer's Liability insurance with a limit of no less than $1,000,000.00. The City shall not be held responsible in any way for claims filed by Contractor or its employees for services performed under the terms of this Contract. Contractor agrees to assume full liability for all claims arising from this Contract including claims resulting from negligent acts of all subcontractor(s). Contractor is responsible to ensure subcontractor(s) have insurance as needed. Failure of subcontractors(s)to comply with insurance requirements does not limit Contractor's liability or responsibility. 11834 Cationic Polymer Flocculant-WWTP Page 20 of 27 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 shall not contribute to it. 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. Should a court of competent jurisdiction determine that this Contract 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 Contractor and the City, its officers, elected and appointed officials, employees, agents, attorneys and volunteers, Contractor's liability hereunder shall be limited to the extent of the Contractor's negligence. 15. Severability If any term or condition of this Contract or the application thereof to any person(s)or circumstances is held invalid,such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end,the terms and conditions of this Contract are declared severable. 16. Contract Documents This Contract, the Invitation to Bid #11834, 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. 17. Termination-Convenience This Contract may be terminated by either party by giving thirty (30) days written notice of such intent and will become effective thirty (30)days from the date such written notice is delivered to the applicable party to the Contract. 18. Termination-Cause The City reserves the right to terminate this Contract at any time, upon written notice, in the event that the Services of Contractor are deemed by the City to be unsatisfactory, or upon failure to perform any of the terms and conditions contained in this Contract. The effective date for such termination shall be upon receipt of the notice, or three days after the notice is mailed first class mail, certified with return receipt requested. 19. Force Majeure Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics, 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. 20. Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 21. 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. 22. Authority The person executing this Contract, on behalf of Contractor, represents and warrants that he/she has been fully authorized by Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms,performances and provisions of this Contract. 11834 Cationic Polymer Flocculant-WWTP Page 21 of 27 23. Notice Any notice required or permitted to be given under this Contract shall be in writing and deemed effective if either delivered in person or by overnight courier,facsimile or first class mail,certified with return receipt requested. Notices to the parties shall be delivered to: TO CITY: City Manager TO CONTRACTOR: City of Yakima City Hall—First Floor 129 North Second Street Yakima,WA 98901 COPY TO: City of Yakima Purchasing City Hall—First Floor 129 North Second Street Yakima,WA 98901 25. Survival The foregoing sections of this Contract, 2-24 inclusive, shall survive the expiration or termination of this Contract in accordance with their terms. IN WITNESS WHEREOF,the parties hereto execute this Contract as of the day and year first above written. CITY OF YAKIMA (ENTER CONTRACTOR NAME). By: Cliff Moore,City Manager Date: Date: Attest: (Print name) City Clerk 11834 Cationic Polymer Flocculant-WWTP Page 22 of 27 VII. BID FORM INVITATION TO BID NO. 11834 MUST BE SUBMITTED& UPLOADED WITH BID TO BIDDER: THE FOLLOWING IS ESTIMATED QUANTITY FOR THE YEAR. PLEASE BID YOUR LOWEST PRICE, BEST DELIVERY DATE AND PAYMENT DISCOUNT TERMS FOR THE FOLLOWING. BID ON EACH ITEM SEPARATELY AND EXTEND NET UNIT PRICE. THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS AND TO ACCEPT ANY OR ALL ITEMS AT THE PRICE BID. THE CITY INTENDS TO AWARD THIS CONTRACT WITHIN 60 CALENDAR DAYS. Bid your lowest price for the following: Cationic Polymer Flocculant to be utilized in an Alfa Laval Centrifuge Model 702-G2. Item Price Total Price Description Qty No. Per Unit (without tax) 1. Cationic Polymer flocculant shall be a high to medium charge, non-dusting powder furnished in 700 KG (1,600 lb.)tay bags/sacks or 25 KG (55 lb.) bags as specified by buyer. 65,000 lbs. $ $ Vendor shall specify below the manufacturer of products being offered. Specify packaging proposed for this Bid. Product to be ordered on an as-needed basis. Please specify if there is a minimum order quantity. FREIGHT,FOB DESTINATION: INCLUDED 10 Business Days ARO WA STATE SALES TAX—Destination Based @8.2%: $ TOTAL: $ List discount offered off list price for any other items not specifically listed: 11834 Cationic Polymer Flocculant-WWTP Page 23 of 27 VIII. BIDDER QUESTIONNAIRE )It r BE St R%IITrl:u .c t I'I.t111wI) NC rrlt BID INSTRUCTIONS: Provide the requested information, sign and date. You must submit this completed form to the City with your Bid. Failure to submit this form fully complete, may result in disqualification of Bid Proposal. If the City requires further description,the City may request Bidder to provide such information within a mandatory due date. BIDDER INFORMATION Bidder's Legal Name: Company's dba: (if applicable) CEO/President Name: Business Federal License No. UBI No. EIN No. Phone ( ) Toll Free Phone ( ) FAX ( ) E-Mail Address Mailing Address City State Zip +4 Physical Address City State Zip +4 Name the person to contact for questions concerning this Bid Proposal: Name Title Phone ( ) Toll Free Phone ( ) FAX ( ) E-Mail Address Mailing Address City State Zip+4 Physical Address City State Zip+4 OWNERSHIP Is your firm a subsidiary, parent, holding company, or affiliate of another firm? Yes: No: Please explain: 11834 Cationic Polymer Flocculant-WWTP Page 24 of 27 IX. CERTIFICATE OF INSURANCE AND ADDITIONAL INSURED ENDORSEMENT 1. Sample of Certificate of Insurance Ary x CERTIFICATE OF LIABILITY INSURANCE DATE hlISODYrfYI :r rer' b.- THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER.AND THE CERTIFICATE HOLDER. IMPORTANT; If the certificate holder is an ADDITIONAL INSURED,the polcyllesl must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain poic.es may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PROCER cN '<rT OV NSI.RANGE AGENT NF 0..MATICN INSURANCE AGENT'SSU NG GEFTIFIGATE PHONE WC.No.E.0 at.,No, . EMAIL ADDRESS INSURERIS;i AFFORDING COVERAGE NAK• MSURERA A.Ni II OR BETTER ADMITTED CARRIER mono I INSURER E ENTITY INSURED INSURER C I 1 ADDRESS INSURER D —�— -- INSURER E' INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: T•IS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. ExCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. �LTR TM OP INSURANCE WWI MPfIl roucv NUaaMR 1 IMRYDONYM UNITE X COEINEItOI L9WERA t.LIAaN.ITr . EAceOCCURRENCE $ 2,000.000 DAMAGE TOTIENTE6._ .. ---_.._... I..._ p�q I .NAOE x OCC'APREMISES IESD4sNDEDSg1 $ 100.000 START STOPMEO EDP May RR Tenon) s 5,000 A POLICY NUMBER „PERSONAL A AM*WRY E 2.000.000 rDEN'L AGGREGATE VoLRIIMIIT APPLIES PER DATE DATE _GENERAL AGGREGATE 1 s 2.000,000 POLICY I X JEL9T r_,LOC PRODUCTS•COANAGP DOG E I dT.iEfi. CZ)N5INEU`SINCLE LIGET $ 2.000.000 AUTOAtOMKE LIAEAJTY X 44Ea smNt.l___ X ANY AUTO START STOP I BOCTLY INJURY Pe,o.nonl S OWNED SCHEDULED POLICY NUMBER BOOILY INJURY;P.,aadwrq_i .. :AUTOS ONLY AUTOS DATE DATE STY DAMrMX-- HIRED '•.._.—NOW:PAWED E ALTOS ONLY ._AUTOS ONLY Del ASMOS1D _._._.._.—_ S.. _ .. +UNK ERLA LW I J OcOJR EACH fn"n..RFNCE _s _._ __ EXCEEE LW r 1 CLAMS-MACE AGGREGATE 5 DEG I I RETENTION E ppE�Rt q4Ti S yYG1Et� �EI COISAT1011 ._tSTILTVtE XNFL"' 4 1,040.000 AND OIPLOYtEE•LIAEINTY YIN STOP START AnTPROPRIETow Is oARTNEWEXECVINE NfA POLICY NUMBER _.EL EACH ACCICENT f A C5rricsrtm sMEREXCWOEDT (IDandalary Oil ! DATE DATE E L.DISEASE-EA EMPLOYE $ 1.000.000 ri;e,:Seam!.undar Stop Cap^'EL only EL DeSEASE•POLICrULNT $ 1,000.000 ; SGRrPt ION Or OPERATIONS tY1N0A' ( DESCRIPTION OF OPERATIONS I LOCATIONS.VEIMCL,E6(ACORD 101 AdriNional R.marke Schoduu.may Ir.MucMd II mum*pimp I..pa,I.RI The C ly 0 YaIuma and the County of Yakima.its agents employees.authorized volunteers,elected and appointed officials are included as Pnmary'Non-Contributory additional insureds See attached Additional Insured Endorsement CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Yaklrna CoLnry of Yakima ACCORDANCE WITH THE POLICY PROVISIONS Purchasing Department AUTHORIZED RE►RESENTATrvE 129 N 2nd St. Yakima,WA 98901 SIGNATURE !2_ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 11834 Cationic Polymer Flocculant-WWTP Page 25 of 27 2. Sample Additional Insured Endorsement POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II —Who Is An Insured is amended to (1) All work, including matenals, parts or include as an insured the person or organization equipment furnished in connection with shown in the Schedule, but only with respect to I- such work, on the project (other than ability arising cut of your ongoing operations per- service, maintenance or repairs) to be formed for that insured. performed by or on behalf of the addi- B. With respect to the insurance afforded to these tional insured(s) at the site of the cow additional insureds, the following exclusion is ered operations has been completed:or added: (2) That portion of"your work"out of which 2. Exclusions the injury or damage arises has been I to''bodily injury" put to its intended use by any person or This insurance does not apply Y nj � organization other than another or"property damage"occurring after: contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 10 01 O ISO Properties, Inc., 2000 Page 1 of 1 C 11834 Cationic Polymer Flocculant-WWTP Page 26 of 27 X. E-VERIFY MUST BE SUBMITTED & UPLOADED WITH BID E-Verify The City of Yakima supports the Federal Immigration, Reform and Control Act of 1986, as amended. The City requires that all Contractors or business entities that contract with the City for the award of any City contract for public works in excess of Five Thousand Dollars ($5,000), or any other City contract in excess of Two Thousand Five Hundred Dollars ($2,500), enroll in the E-Verify program or its successor, and thereafter to verify its employees' proof of citizenship and authorization to work in the United States. E-Verify will be used for newly hired employees during the term of the contract ONLY; it is NOT to be used for existing employees. The Contractor must remain enrolled in the program for the duration of the contract and be responsible for verification of every applicable subcontractor. The Contractor shall sign and return with their bid response the E-Verify Declaration below. Failure to do so may be cause for rejection of bid. E-VERIFY COMPLIANCE DECLARATION The undersigned declares, under penalty of perjury under the laws of Washington State, that: 1. By submitting this Declaration, I certify that I do not and will not, during the performance of this contract, employ illegal alien workers, or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986. I agree to enroll in E-Verify prior to the start date of any contract issued by the City of Yakima to ensure that my workforce is legal to work in the United States of America. I agree to use E-Verify for all newly hired employees during the length of the contract. I certify that I am duly authorized to sign this declaration on behalf of my company. I acknowledge that the City of Yakima reserves the right to require evidence of enrollment of the E-Verify program at any time and that non-compliance could lead to suspension of this contract. Firm Name: Dated this day of , 20_. Signature: Printed Name: Address: Phone#: Email Address: 11834 Cationic Polymer Flocculant-WWTP Page 27 of 27 T___KaakT .may -[ (r1'f?(D ` Ai flti =\ i t f4rri1k f itS ir)1'/l-Sibt`l 129 North 2nd Street . Yakima, Washington • 98901 December 19,2018 ATTENTION: All Bidders SUBJECT: Bid No.11834 Cationic Polymer Flocculant for the Wastewater Treatment Plant ADDENDUM No. 1 PLEASE MAKE THE FOLLOWING CHANGES TO YOUR SPECIFICATIONS The due date of this Bid has been extended. Electronic sealed Bids will be accepted via PublicPurchase.com until the hour of 11:00:00 AM PST on to JANUARY 7.2019 Please add the following to your specifications: Safety Questionnaire. Please add the Safety Questionnaire to your Bid Specifications and upload as part of your Bid response. Please acknowledge receipt of this addendum on the Signature Sheet (page 2) of the Bid document in the space provided. If you have any questions please call me at(509)575-6093. Sincerely, r 4�^► I -- Susan Knotts,CPPO,CPPB Buyer II Phone:(509)575-6095 Fax:(509)576-6394 Email:Susan.Knotts@YakimaWA.Gov Web: ww w.Yak 1.7Vv mac,:'Ser,.,es .rc•as,:,, Bid 11834 Cationic Polymer Flocculent Page 1 of 1 • City of Yakima NOTICE TO BIDDERS BID 11834 Notice is hereby given by the undersigned that electronic sealed Bids will be accepted via PublicPurchase.com until the hour of 11:00:00AM PST on December 28, 2018. Bids will be publicly opened in Yakima City Hall, Council Chambers, 129 N. 2nd Street, Yakima, Washington 98901. At such time, Bids will be publicly read for: Cationic Polymer Flocculant. Instructions to register with PublicPurchase.com are available at www.yakimawa.gov/services/purchasing. The City of Yakima reserves the right to reject any &all Bids. The City hereby notifies all Bidders that it will affirmatively ensure compliance with WA State Law Against Discrimination (RCW chapter 49.60) & the Americans with Disabilities Act (42 USC 12101 et set.) Dated December 10,2018. Publish on December 10th& 11th, 2018 Susan Knotts, Buyer II 11834 Cationic Polymer Flocculant-WWTP Page 1 of 27 J =i CITY OF YAKIMA INVITATION TO BID #11834 `,`\`�� • COVER SHEET Ira:1.M NIA ^� THIS IS NOT AN ORDER `O"'VIT' BID Release Date:December 10, 2018 Bid Receipt: Bidders must first register with PublicPurchase.com and Bic shall be completely uploaded into PublicPurchase.com no later than the date and time listed below. Register as early as possible and do not wait until the due date to upload your documents, as this may take some time. Late Bids will not be accepted or evaluated. If you try to submit a Bid late, the electronic system will not receive it. Bid openings are public. Bids shall be firm for acceptance for ninety (90) days from date of Bid opening, unless otherwise noted BIDS ARE ONLY RECEIVED THROUGH PUBLICPURCHASE.COM Purchasing For: Buyer in charge of this procurement(Contact for further information): City of Yakima Wastewater Treatment Plant Susan Knotts, CPPO, CPPB 2220 East Viola Buyer II Yakima, WA 98901 Bids Must be completely uploaded by: Phone E-Mail Address December 28, 2018 at 11 :00:0o AM PST (509) 575-6095 Susan.KnottsPYakimaWA.Gov Public Opening II PROJECT DESCRIPTION SUMMARY Cationic Polymer Flocculant For the Wastewater Treatment Plant Enter Prompt Payment Discount:hi f'. %nett., . days We/I will complete delivery within days after receipt of order. MAXIMUM DELIVERY IS 10 BUSINESS DAYS ARO. Delivery Details: FOB Destination, Freight Prepaid, Inside Delivery required ❑Check if you are a W MBE or DBE Vendor and list certification Number: ❑I hereby acknowledge receiving addendum(a) I , , , , (use as many spaces as addenda received) In signing this Bid we also certify that we have not,either directly or indirectly,entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition;that no attempt has been made to induce any other person or firm to submit or not to submit a Bid;that this Bid has been independently arrived at without collusion with any other Bidder,competitor or potential competitor;that this Bid has not been knowingly disclosed prior to the opening of Bids to any other Bidder or competitor;that the above statement is accurate under penalty of perjury. Furthermore, the Washington State Interlocal Cooperative Act (RCW 39.34) provides that other governmental agencies may purchase goods or services on this solicitation or contract in accordance with the terms and prices indicated therein if all parties agree. The City does not accept any responsibility or involvement in the purchase orders or contracts issued by other public agencies. We will comply with all terms,conditions and specifications required by the City of Yakima in this Invitation to Bid and all terms of our Bid. Company Name Company Address k►5vt s-�.�.�.I{ �.�.e k 28, I Name of Authorized Company Representative(Type or Print) Title Phone (1 O,( ) 574 _17 3( \ 2 ) o i✓ c Fax ( 1D ) Signature of Above Date Email Address / 19 f�knc Jot - ,„) C3A5C. 4.d.,, 11834 Cationic Polymer Flocculant-WWTP Page 2 of 27 Invitation to Bid#11834 I. Contents I. CONTENTS 3 II. GENERAL INFORMATION 5 1. Purpose 5 2. Contracting Agency and Point of Contact 5 3. New and Unused 5 4. Best Modern Practices 5 5. Equal/Approved Equal 5 6. Exceptions 5 7. Samples and Centrifuge Trails 6 8. More or Less 6 9. Delivery 6 10. Delivery Acceptance 6 11. Delivery of Unapproved Substitutions 6 12. Contract Term 6 13. Pricing and Discount 6 14. Price Increases 7 15. Price Decreases 7 16. Expansion Clause 8 17. Warranty 8 18. Warranty Coverage 8 19. Permits 8 20. Regulations and Codes 8 21. Prompt Payment 8 22. Payments 8 23. Payment Method-Credit Card Acceptance 9 24. Acceptance of Terms 9 25. Sales Tax 9 26. Tax Revenues 9 27. Clarifications and/or Revisions to Specification and Requirements 9 28. Incurring Costs 9 29. No Obligation to Contract 9 30. Retention of Rights 9 31. Points Not Addressed 10 32. Other City Departments/Like Items Added 10 33. Materials Bought from Different Supplier 10 34. Re-Award 10 35. Errors and Omissions 10 36. Changes 10 III. PREPARING AND SUBMITTING A BID 10 1. General Instructions 10 2. Submitting a Bid 11 3. Multiple Bids 11 4. Withdrawal of Bids 11 IV. EVALUATION AND CONTRACT AWARD 11 1. Preliminary Evaluation 11 11834 Cationic Polymer Flocculant-WWTP Page 3 of 27 2. Bid Evaluation 11 3. Offer in Effect for Ninety(90)Days 11 4. Protest Procedure 11 V. TECHNICAL SPECIFICATIONS 12 1. Technical Specification Analysis-MUST BE UPLOADED&SUBMITTED WITH BID 13 2. Centrifuge Trials 14 VI. SAMPLE CONTRACT 17 1. Statement of Work 17 2. Compensation 17 3. Contract Term 17 4. Changes 17 5. Agency Relationship between City/County and Contractor 17 6. Successors and Assigns 17 7. Property Rights 18 8. Inspection and Production of Records 18 9. Work Made for Hire 18 10. Guarantee 18 11. Compliance with Law 18 12. Nondiscrimination 19 13. Indemnification and Hold Harmless 19 14. Contractor's Liability Insurance 20 15. Severability 21 16. Contract Documents 21 17. Termination-Convenience 21 18. Termination—Cause 21 19. Force Majeure 21 20. Governing Law 21 21. Venue 21 22. Authority 21 23. Notice 22 VI I. BID FORM-MUST DE SUBMITTED&UPLOADED WITH BID 23 VIII. BIDDER QUESTIONNAIRE-MUST BE SUBMITTED&UPLOADED WITH BID 24 IX. CERTIFICATE OF INSURANCE AND ADDITIONAL INSURED ENDORSEMENT 25 1. Sample of Certificate of Insurance 25 2. Sample Additional Insured Endorsement 26 X. E-VERIFY-MUST BE.SUBMITTED&UPLOADED WITH BID 25 11834 Cationic Polymer Flocculent-WWTP Page 4 of 27 INVITATION TO BID# 11834 Cationic Polymer Flocculant for the Wastewater Treatment Plant II. GENERAL INFORMATION 1. Purpose It is the intent and purpose of these specifications to describe Cationic Polymer Flocculant, for use in the City's sludge dewatering process, in sufficient detail to secure bids on comparable material(s), product(s), process(s) and delivery. All parts and materials, which are necessary in order to provide complete, ready for operation Cationic Polymer Flocculant, shall be included in the Bid and shall conform in strength, quality and material to that which is usually provided the trade in general. Any variance from the specifications or standards of quality must be clearly pointed out in writing by the Bidder. 2. Contracting Agency and Point of Contact This Bid is issued by the City of Yakima/Yakima County Purchasing Division, which has served both the City and County Purchasing functions since 2009. The person responsible for managing this Bid process from beginning to end is the Buyer listed on page 2 of this solicitation. From the date of release of this Bid until a Contract is issued,all contacts(pertaining to this solicitation)with City's employees,and other personnel performing official business for the City regarding this Bid shall be made through the Buyer listed on page 2. Contact with other City personnel regarding this Bid is not permitted during the procurement process and violation of these conditions may be considered sufficient cause for rejection of a Bid and disqualification of the Bidder. 3. New and Unused All units, product and material shall be new, unused, and in manufacturer's current production. All materials shall have physical and chemical properties to withstand the intended purpose 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 bid on the bid 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 bid shall be equal to or better than the specifications stated herein and all exceptions to these specifications shall be so listed on a separate sheet headed "EXCEPTIONS TO THE SPECIFICATIONS". Any Bid submitted without exceptions will be required to meet every detail of these specifications regardless of cost to the successful bidder. 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. 11834 Cationic Polymer Flocculant-WWTP Page 5 of 27 7. Samples and Centrifuge Trails Centrifuge trials will be conducted using Yakima's Alfa Laval Centrifuge Model 706 G2. Vendors participating in the trials will provide 100-110 pounds of their cationic polymer flocculant for testing and quality of performance during a typical centrifuge operation. All polymer used in the trials will be provided by the Vendor at their expense and must be provided in 50 or 55 pound bags. 8. More or Less Quantities are estimated only and shall be bid on a MORE OR LESS basis. For the purpose of comparison, Bids shall be made in the quantities listed in this specification. Listed quantities shall not be considered firm estimates of requirements for the year, nor shall the City be bound or limited to quantities listed. Payment will be made only for quantities actually ordered, delivered, and accepted, whether greater or less than the stated amounts. 9. Delivery The maximum number of days allowed for delivery is 10 business days after receipt of order. Each Bidder is required to list on the Bid Form the number of calendar days he/she expects delivery to be made at the destination, in terms of time interval, following placement of order. Time of delivery is important and will be considered in the evaluation of the Bids. Failure to include a specific number of calendar days may be sufficient grounds for rejection of Bid. Orders will normally be placed for six(6)-700 KG tay bags per delivery. Each 700 KG tay bag will be shipped on an individual, non-returnable pallet.The shipper must provide a means of moving pallets to the end of the truck where they can be removed by forklift. The Vendor is responsible for hiring a qualified shipper and responsible for product damage caused by the shipper. 10. Delivery Acceptance Delivery will be accepted by the City of Yakima FOB Wastewater Treatment Plant, 2220 East Viola, Yakima, Washington, 98901, between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, ready for regular and safe operation. 11. Delivery of Unapproved Substitutions Vendors 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 Vendor 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 Vendor's name from the City mailing list for a period of up to three(3)years. 12. Contract Term See Section 3 of Contract So that other unanticipated orders may be placed, or so that other entities may piggyback the resulting contract, prices shall remain firm for 12 months from receipt of contract award. 13. Pricing and Discount The City qualifies for governmental discounts. Unit prices shall reflect these discounts. Unit prices shown on the Bid or Contract shall be the price per unit of sale (e.g.,gal., cs., doz., ea.) as stated on the Bid Form. For any given item,the quantity multiplied by the unit price shall establish the extended price,the unit price shall govern in the bid evaluation and contract administration. Prices established in continuing agreements and term contracts may be lowered due to general market conditions, but prices shall not be subject to increase for twelve (12) months from the date of award. Any 11834 Cationic Polymer Flocculant-WWTP Page 6 of 27 increase proposed shall be submitted to the Buyer listed on page 2, thirty (30) calendar days before the proposed effective date of the price increase, and shall be limited to fully documented cost increases to the Vendor which are demonstrated to be industry-wide. The conditions under which price increases may be granted shall be expressed in Bid documents and Contracts or Agreements. 14. Price Increases Pricing shall be prepared with the following terms. The Purchasing Manager may exempt these requirements for extraordinary conditions that could not have been known by either party at the time of bid or other circumstances beyond the control of both parties, as determined in the opinion of the Purchasing Manager. Prices shall remain firm for the first twelve month period of the Contract. Requests for Rate Increases must be delivered to the Buyer listed on Page 2, in accordance with the rules below. No other employee may accept a rate increase request on behalf of the City. Any invoice that is sent to the City with pricing above that specified by the City in writing within this Contract or specified within an official written change issued by Purchasing to this Contract, shall be invalid. Payment of an erroneous invoice does not constitute acceptance of the erroneous pricing, and the City would seek reimbursement of the overpayment or would withhold such overpayment from future invoices. A. Discount from Manufacturer List Pricing: For all contract items that are priced as a discount below Manufacturer List Prices, there shall be no changes to the discount rate throughout the life of the Contract. As manufacturer list prices change, the net price to the City will automatically change in the same percentage as the discount rate to the City. B. Fixed Product Pricing: For product and supply contracts that provide on-going, multiple year supply. Original pricing shall be fixed and firm for the first year of the Contract. Price requests are at the discretion of the Purchasing Manager;and must also be: a. The direct result of increases at the manufacturer's level (or if Bidder is a supplier of a raw material delivered directly to the City such as brass, the increase must be verified at the supplier level). b. Incurred after contract commencement date. c. Not produce a higher profit margin than that on the original contract. d. Clearly identify the items impacted by the increase. e. Be filed with Purchasing Manager a minimum of thirty (30) calendar days before the effective date of proposed increase. f. Be accompanied by detailed documentation acceptable to the Purchasing Manager sufficient to warrant the increase. g. Should not deviate from the original contract pricing scheme/methodology. The United States published indices such as the Producer Price Index or other government data may be referenced to help substantiate the Contractor's documentation. A link to the PPI Commodity Data is available at http://data.bls.gov/PDQ/outside.jsp?survey=wp. The adjustment (if any) shall remain firm and fixed for at least 365 days after the effective date of the adjustment. 15. 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. 11834 Cationic Polymer Flocculant-WWTP Page 7 of 27 16. 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. 17. Warranty Unless otherwise specifically stated by the Bidder, all goods, materials and services provided by the Vendor shall carry standard warranty coverage against defects or faulty materials by the Vendor for one (1) year or as furnished by trade in general 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. Vendor warrants that all goods, materials and services furnished under this Agreement are new, conform strictly to the specifications herein, are merchantable, good materials,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 product defect is discovered,or if product is found to cause failure,the Vendor shall replace the product at their own expense, including shipping charges. Any replacement product will carry the standard warranty coverage as furnished by trade in general or 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. Vendor's warranties (and any more favorable warranties, service policies,or similar undertaking of Vendor)shall survive delivery, inspection, and acceptance of the goods or services. 18. Warranty Coverage Warranty coverage will not commence until the date the product is put into service as reported by the City; or thirty(30)days after final payment for the product;whichever occurs first. 19. Permits All necessary permits required to perform work or deliver product are to be supplied by the Vendor at no addition cost to the City. 20. Regulations and Codes To the extent applicable, all equipment and/or materials shall comply with Washington State vehicle regulations, Federal regulations,OSHA and WISHA requirements,to include EPA standards and City safety codes. 21. Prompt Payment Bidders are encouraged to offer a discount for prompt payment of invoice. Please indicate your discount proposal on page 2 of this document. If awarded by the City, period of entitlement begins only after: • Receipt of a properly completed invoice • Receipt of all supplies, equipment or services ordered • Satisfactory completion of all contractual requirements 22. Payments Vendor is to submit properly completed invoice(s)to: City of Yakima,Accounts Payable, 129 N. 2nd Street,Yakima,WA 98901. To insure prompt payment each invoice should cite purchase order number, bid number, description of item purchased, unit and total price, discount terms and include the 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 product. 11834 Cationic Polymer Flocculant-WWTP Page 8 of 27 23. 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. 24. Acceptance of Terms Acceptance of a City Purchase Order(PO)for any units and/or product 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 product specification(s); including all penalties mentioned. 25. Sales Tax The City of Yakima's Sales Tax rate is currently 8.2%. However,the amount of sales tax will not be considered in determining which bid is the lowest and best bid. 26. Tax Revenues RCW 39.34.040 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, in determining which Bid in the lowest bid,after the tax revenue has been considered. 27. Clarifications and/or Revisions to Specification and Requirements If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this solicitation,the Bidder has a duty to immediately notify the Buyer of such concern and request modification or clarification of the Bid document. Any questions, exceptions, or additions concerning the subject matter of the Bid document(s) shall not be considered unless submitted via e-mail (no phone calls) to the Buyer listed on page 2, a minimum of five (5) business days prior to the submittal due date. In the event that it becomes necessary to provide additional clarifying data or information,or to revise any part of this Bid, supplements or revisions will be provided to all known Bidders in the form of an Addendum. All Addenda are posted on www.YakimaWA.Gov/Services/Purchasing and sent directly to interested parties who have registered(per instructions on website)for updates to this Bid. If any requirements of the Bid are unacceptable to any prospective Bidder,they may choose not to submit a Bid. 28. Incurring Costs The City is not liable for any cost incurred by a Bidder in the process of responding to this Bid, including but not limited to the cost of preparing and submitting a response, in the conduct product trials or a presentation, in facilitating site visits or any other activities related to responding to this Bid. 29. No Obligation to Contract This Bid does not obligate the City to contract for service(s), or product(s) specified herein. City reserves the right to cancel or reissue this Bid in whole or in part,for any reason prior to the issuance of a Notice of Intent to Award. The City does not guarantee to purchase any specific quantity or dollar amount. Bids that stipulate that the City shall guarantee a specific quantity or dollar amount will be disqualified(e.g. "all-or-none".) 30. Retention of Rights The City retains the right to accept or reject any or all Bids or accept any presented which meet or exceeds these specifications, and which would be in the best interest of the City and will not necessarily be bound to accept the low bid. 11834 Cationic Polymer Flocculant-WWTP Page 9 of 27 All Bids become the property of City upon receipt. All rights,title and interest in all materials and ideas prepared by the Bidder for the Bid to City shall be the exclusive property of City and may be used by the City at its option. 31. 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. 32. 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. 33. Materials Bought from Different Supplier Should the Vendor be unable to or refuse to supply materials or product, 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 or product bought from a different supplier,the difference in the Bid price of the materials or product and that paid the new supplier, in order to do the work, shall be charged to and paid for by the Vendor holding the Bid award for these products. Vendor shall not, however, be responsible for delays in delivery due to: • Unavoidable mechanical breakdowns • Strikes • Inability to secure component materials • Acts of God • Fire Provided the Buyer listed on Page 2 is notified in writing by the Vendor 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. 34. Re-Award When the Vendor is terminated by the City or the Vendor 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. 35. Errors and Omissions The City reserves the right to correct obvious ambiguities and errors in the Bidder's Bid 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. 36. Changes Any proposed change in this Contract shall be submitted in writing to the Buyer listed on Page 2 for prior approval. If approved, she will make the change by a contract modification that will become effective upon execution by the parties hereto. Any oral statement or representation changing any of these terms or conditions is specifically unauthorized and is not valid. III. PREPARING AND SUBMITTING A BID 1. General Instructions The evaluation and selection of a Bidder will be based on the information submitted in their Bid response and the results of centrifuge trials. Award will be made to the lowest responsive and responsible Bidder meeting all minimum qualifications and a successful centrifuge trial. 11834 Cationic Polymer Flocculant-WWTP Page 10 of 27 Failure to respond to each of the requirements in the Bid may be the basis for rejecting a Bid. 2. Submitting a Bid Bids shall be completely uploaded into Public Purchase.com no later than the date and time listed on Page 2 of this Bid. Late Bids will not be accepted or evaluated. If you try to submit a Bid Late,the electronic system will not receive it. If City Hall is closed for business at the time scheduled for opening,for whatever reasons, Bidder's response will be opened on the next business day of the City,at the originally scheduled hour. Bidders must submit their Bid electronically through PublicPurchase.com where they will be kept in an electronic lockbox until date and time of opening. To register as a Vendor/Bidder with Public Purchase, go to www.publicpurchase.com or the City of Yakima website at www.YakimaWA.Gov/Services/Purchasing. The City is not responsible for late bids due to operator error, electronic malfunction, system errors or interruptions affecting the Public Purchase site and the processing of any bids. The Purchasing Manager reserves the right to make exceptions for extenuating circumstances. Bids are not considered to be confidential per Washington State Public Records Act (RCW 42.56 et seq.) All sections of the response shall be made available to the public immediately after bid opening. 3. Multiple Bids Multiple Bids from a Bidder will be permissible; however, each Bid must conform fully to the requirements for Bid submission. Each such Bid must be submitted separately and labeled as Bid#1, Bid#2, etc. on the first page of their response. 4. Withdrawal of Bids Bidders may withdraw or supplement their Bid at any time up to the bid closing date and time. If a previously submitted Bid is withdrawn before the bid due date and time,the Bidder may submit another Bid at any time up to the bid closing date and time. After bid closing date and time, all submitted Bids shall be irrevocable until contract award. IV. EVALUATION AND CONTRACT AWARD 1. Preliminary Evaluation All Bids shall be evaluated against the same standards. The Bids will first be reviewed to determine if they contain the required forms,follow the submittal instructions,and meet all mandatory requirements. 2. Bid Evaluation Evaluation of Bids shall be based on cost, Bidder's supporting documentation, past experience with proposed manufacturer, service availability, delivery time and product availability, product design and functionalism, centrifuge trail results and effect on productivity. 3. Offer in Effect for Ninety(90) Days A Bid may not be modified, withdrawn or canceled by the Bidder for a ninety (90) day period following the Bid due date and time,or receipt of best and final offer, if required,and Bidder so agrees by submittal of a Bid. 4. 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 Purchasing Manager at 129 No. 2nd St., Yakima, WA 98901, or by fax: 509-576-6394 or email to: Sue.Ownbv@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 11834 Cationic Polymer Flocculant-WWTP Page 11 of 27 requested. Protests based on specifications/scope of work, or other terms in the Bid shall be filed at least five (5) calendar days before the solicitations due date,and Protests based on award or after the award shall be filed no more than five calendar (5) days after Award Announcement (see below for details). The following steps shall be taken in an attempt to resolve the Protest with the Bidder: Step I. Purchasing Manager and Division Manager of solicitation try resolving matter with Protester. All available facts will be considered and the Purchasing Manager shall issue a written decision. Step II. If unresolved,within three(3) business days after receipt of written decision,the Protest may be appealed to the Department Head by the Purchasing Manager. Step III. If still unresolved, within three (3) business days after receipt of appeal response, the Protest may be appealed to the Executive (or his designee). The Executive shall make a final determination in writing to the Protester. Award Announcement Purchasing shall announce the successful Bidder via Website, e-mail, fax, regular mail, or by any other appropriate means. Once the Award is released by Purchasing,the protest time frame begins. The timeframe is not based upon when the Bidder received the information, but rather when the announcement is issued by Purchasing. Award Regardless of Protest When a written protest against making an award is received, the award shall not be made until the matter is resolved,unless the City determines that one of the following applies: • The supplies or services to be contracted for are urgently required • Delivery or performance will be unduly delayed by failure to make award promptly • A prompt award will otherwise be advantageous to the City. If the award is made, regardless of a protest,the award must be documented in the file, explaining the basis for the award. Written notice of the decision to proceed shall be sent to the Protester and others who may be concerned. The City retains the right to enter into any Contract and nothing herein shall be construed to limit that authority in any manner. V. TECHNICAL SPECIFICATIONS The Bidder must provide a detailed description of each major component of their proposed system and/or product. At a minimum, these descriptions shall take into consideration the specifications outlined in this Technical Specifications section. Bidders are reminded to provide point-by-point responses to all specifications. Evaluation will be based on compliance with specifications. Noncompliant items must be clearly indicated. Any additional work found necessary that is not specified in this Bid specification shall be listed on a separate sheet entitled "Additional Materials/Labor Required". The Bidder must complete the following Technical Specification Section using one of the following responses for each of the specifications. Y—Yes. The Bidder's proposed product currently satisfies the entire requirement and the proposed system will completely support the requirement. N—No. The Bidder's product does not currently satisfy the entire requirement, and the Bidder's delivered product will not satisfy the requirement. 11834 Cationic Polymer Flocculant-WWTP Page 12 of 27 E—Explanation. The Bidder's product partially satisfies the requirement and an explanation is included in the response. MR—Modification Required. The Bidder's product does not currently satisfy the requirement, but the Bidder commits that the delivered base product will satisfy the requirement at no additional cost and shall be supported in future releases of the Bidder's base products. Note that,though some of the following Technical specifications may be answered with a Y of N, checking"NO" on any item will not necessarily disallow a Bid. Bids will be considered only from Bidders that have demonstrated the ability to produce a system/product of the quality required by theses specifications.The City shall be the sole judge as to whether an exception is acceptable or not. Bidders are encouraged to provide brochures and further detail where such detail might differentiate their products from those of their competitors or where such detail might assist in analysis of their Bid. Bidder shall specify the manufacturer of products being offered on the Bid Form of this solicitation. Failure to do so will be cause for rejection of Bid. 1. Technical Specification Analysis—MUST BE UPLOADED&SUBMITTED WITH BID Each Bidder shall complete the"TECHNICAL SPECIFICATION ANALYSIS" section of the Bid Call and same shall be returned with the Bid Submittal. A complete response to each item is required. Attach any information necessary to explain or clarity your Bid. Bids failing to include specific responses may be rejected. Cationic Polymer Flocculant Technical Specification Analysis Form Yakima sludge is an anaerobically digested mixture of primary and waste activated sludges. Digester feed is approximately 55% primary sludge and 45% waste activated on a dry weight basis. The sludge feed to the centrifuge is currently averaging about 1.5%solids but may vary from 1.4-1.8%. The quantity of polymer purchased will be sufficient to dewater approximately 1600 dry tons of sludge per year. Item# Specification Yes No Comments 1 Polymer flocculant vendor must be either a manufacturer of the product or a company that has been authorized by the manufacturer to sell the product for its intended use. Are you a manufacturer or authorized by the manufacturer to sell the product? ? Polymer flocculant will be suitable for use in horizontal, continuous feed, scroll type, Alfa Laval Centrifuge Model 706 G2. Polymer will be suitable for V injection at the entrance to the centrifuge or at the sludge feed pump. 3 Polymer flocculant shall be a high to medium charge cationic in powder form. 4 Polymer flocculant shall be suitable for blending in a Siemens DP2000 dry polymer dispersing and blending system. 11834 Cationic Polymer Flocculant-WWTP Page 13 of 27 Item# Specification Yes No Comments 5 Polymer flocculant will be suitable for dewatering anaerobically digested sludge consisting of approximately 55% primary sludge and 45% biological V sludge on a dry weight basis. 6 Polymer flocculant will be capable of dewatering anaerobically digested sludge to 20% solids at a solids feed rate of at least 200 gpm (1400 pounds per hour) with 95%solids recovery. Polymer flocculant shall have a cure time of no more than one (1)hour. 8 Polymer flocculant shall be furnished in 700 KG (1,600 lb.) tay bag or 25 KG (55 lb.) bags as specified by the V buyer. 9 Polymer flocculant shall have a shelf life of no less than one year in the unopened bag. V 10 Vendor must be available for technical support five days a week via telephone and be able to provide on- - / site support within two days of a request for such V support. 11 The vendor's technical support personnel must be knowledgeable in the use of the vendor's product and in the use of centrifuges to dewater wastewater sludge. 2. Centrifuge Trials The City of Yakima will not conduct a prequalification of Vendors. After bid opening the City will conduct centrifuge trials with Bidders who product is deemed suitable and meets all specifications. Centrifuge trials will be conducted using Yakima's Alfa Laval Centrifuge Model 706 G2 and consist of the Bidder providing 100-110 pounds of cationic polymer flocculant and observing its' performance during a typical centrifuge operation. All polymer used in the trials will be provided by the Bidder in 50 or 55 pound bags at their expense. Centrifuge trials must be scheduled by January 17, 2018. Contact Daryl Bullard or Brady Linden at(509)575-6077 to schedule centrifuge trial. Recommended polymer concentration is 0.5%. Sufficient product must be mixed to dewater sludge for four(4) hours at a 200 gpm feed rate. The product must be able to produce a 20%cake or better, at sludge feed rate of 200 gpm (approximately 1400 lbs./hour). Feed sludge flow will be determined by direct reading from metered feed flow to the centrifuge. Solids concentration of the centrate must be no more than 5% of the feed sludge concentration (95% efficiency). Products that do not meet the minimum performance standards do not qualify for award. The minimum performance standards mentioned above (95% removal, 200 gpm sludge feed 11834 Cationic Polymer Flocculant-WWTP Page 14 of 27 rate and 20% cake) may be adjusted before the trials begin if sludge conditions and/or centrifuge operability dictate modification. City staff will mix all polymer in accordance with the Bidder's recommendations within the limitations of the system. Polymers will be aged in accordance with the Bidder's recommendations up to a maximum of one hour. Sufficient polymer must be supplied to the centrifuge by the existing polymer delivery system to effectively treat the 200 gpm sludge feed rate. Preceding the centrifuge trial, the Bidder will be allowed a two (2) hour optimization period to experiment with dilution water flow rates, polymer dosage and application points and centrifuge torque settings. The torque selection must be within the range of 20-27 inch pounds. The Bidder will advise the Operator as to the desired settings for these variables prior to the start of the trial. Once selected, these settings will remain fixed throughout the trial. The trial test period will be two (2) hours beginning immediately after the 2-hour optimization period. Sampling during the two hour trial will be conducted at 30 minute intervals by City staff. Samples will be composited and tested by plant laboratory staff to determine sludge feed concentration, centrate solids concentration and cake solids. The results of these analyses will be used in the evaluation formulas to determine if the minimum performance standards are met. Results will be considered proprietary to each Bidder until the bid process is complete. City staff is currently successful operating with the following parameters: sludge feed rates of 190-240 gpm, polymer dilution water at 0-10 gpm,centrifuge torque setting at 20-27 inch-pounds and polymer application at the centrifuge feed line in the basement of the solids handling building. Each Bidder will be allowed two (2) trials. The Bidder will be given the option of trialing the same product a second time or trying a second product. If a Bidder wants to qualify two products, separate Bids must be submitted for each product. City staff can disqualify a product any time during the trial period if it is clearly unable to achieve the minimum performance standards set for qualification. Polymer Evaluation Formulas Pounds of polymer used will be determined by the centrifuge operator from polymer tank readings at the beginning and end of the two (2) hour trial period. Bid evaluation will be based upon the price of polymer per dry ton of sludge produced. Pounds of polymer per dry ton of biosolids produced will be established according to the following formulas: • Dry tons of biosolids produced will be determined by Formula "A". • The price of polymer per dry ton of sludge produced will be determined by Formula"B". Formula A: (Feed conc.-centrate conc.)X Sludge flow X 8.34/2000 Where feed and centrate concentration are in mg/I and are determined by Yakima laboratory staff from the composite samples taken during the 2-hour trial period. Sludge flow will be in million gallons, and will be determined by the centrifuge operator based upon reading from the flow totalizer at the beginning and end of the 2-hour trial period. Dilution water and polymer flow quantities will be subtracted from the total flow to determine how much of the metered flow is liquid sludge. The operators will determine the flow, the lab has to determine the concentrations of both feed and centrate. Formula B: (Lbs. polymer/dry ton)X(bid price in$/lb). The pounds of polymer per dry ton above is determined by the 2-hour trial period using Formula A and bid price is the vendor's quoted bid price. Performance Standards Dewatering efficiency must be 95%or better. This will be determined by Formula"C". • Cake solids must be 20%or better. • Above performance standards must be achieved at 200 GPM sludge feed rate. 11834 Cationic Polymer Flocculant-WWTP Page 15 of 27 Formula C: (Feed conc.-centrate conc/feed conc.)X 100%. Feed and centrate concentrations are in mg/I. Throughout the life of the Contract,the City must obtain cost performance within ten percent (10%) of the performance standards established during the trials. If, during the life of the Contract, the product will not produce results within ten percent (10%) of the standards,the City reserves the right to terminate the Contract. Prior to this action,the Vendor will be offered the opportunity to assist City staff by making suggestions for improving product performance or by changing products. All remedial action taken by the Vendor will be subject to prior approval by City staff and will result in no additional cost to the City. 11834 Cationic Polymer Flocculant-WWTP Page 16 of 27 VI. SAMPLE CONTRACT For City of Yakima Use Only: AGREEMENT Project No. CITY OF YAKIMA BID No. BID 11834 CATIONIC POLYMER FLOCCULANT THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation ("City")and ,("Contractor"). WITNESSETH:The parties, in consideration of the terms and conditions herein,do hereby covenant and agree as follows: 1. Statement of Work The Contractor shall provide all materials, products and furnish all tools, labor and equipment for delivery(collectively referred to as "Services")according to the procedure and specifications outlined in Bid 11834 Cationic Polymer Flocculant Specifications which are attached as Exhibit A, and the most recent edition of the ANSI and AWWA Standards, all of which are incorporated herein by this reference,and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. 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 provided for in this Contract and every part thereof, except such as are mentioned in the specifications to be fumished 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 specifications and payment schedule of itemized prices as listed in the Contractor's Bid submittal at the time and in the manner and upon the conditions provided for the Contract. 3. Contract Term The period of this Contract shall be for a period of one year from its effective date. The City may,at its option,extend the Contract on a year to year basis for up to four additional years provided, however,that either party may at any time during the life of this Contract,or any extension thereof, terminate this Contract by giving thirty (30) days' notice in writing to the other party of its intention to cancel. 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. Prices shall remain firm for the first twelve month period of the Contract. 4. Changes Any proposed change in this Contract shall be submitted to the other party,for its prior written approval. If approved, change will be made 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. 5. Agency Relationship between CitylCounty 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. 6. Successors and Assigns 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. The Contractor for himself, and for his 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. 11834 Cationic Polymer Flocculant-WWTP Page 17 of 27 7. 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. 8. Inspection and Production of Records The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the City, but the making of (or failure or delay in making)such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe, and proper facilities, and/or send copies of the requested documents to the City. Contractor's records relating to the Services will be provided to the City upon the City's request. 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. 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 records. They must be produced to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to Contractor's services under this Contract must be retained by Contractor for the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule. The terms of this section shall survive any expiration or termination of this Contract. 9. Work Made for Hire All work the Contractor performs under this Contract shall be considered work made for hire,and shall be the property of the City. The City shall own any and all data, documents, plans, copyrights, specifications, working papers, and any other materials the Contractor produces in connection with this Contract. On completion or termination of the Contract,the Contractor shall deliver these materials to the City. 10. Guarantee Contractor warrants the Services will be free from defects in material and workmanship for a period of one year following the date of completion and acceptance of the Services. 11. Compliance with Law Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. Contractor shall procure and have all applicable and necessary permits, licenses and approvals of any federal, state, and local government or governmental authority or this project, pay all charges and fees,and give all notices necessary and incidental to the due and lawful execution of the work. a. Procurement of a City Business License. Contractor must procure a City of Yakima Business License and pay all charges,fees, and taxes associated with said license. b. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as required in Title 85 RCW. c. Contractor must provide proof of a valid Washington Unified Business Identification(UBI) number. Contractor must have a current UBI number and not be disqualified from bidding on any public works contract under RCW 39.06.101 or 36.12.065(3). d. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50 RCW. 11834 Cationic Polymer Flocculant-WWTP Page 18 of 27 e. Foreign(Non-Washington)Corporations: Although the City does not require foreign corporate proposers to qualify in the City, County or State prior to submitting a proposal, it is specifically understood and agreed that any such corporation will promptly take all necessary measures to become authorized to conduct business in the City of Yakima at their own expense,without regard to whether such corporation is actually awarded the contract,and in the event that the award is made,prior to conducting any business in the City. 12. Nondiscrimination 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, 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. 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. 13. Indemnification and Hold Harmless a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or property. Contractor agrees to defend, indemnify and hold harmless the City, its elected and appointed officials, officers, employees, attorneys,agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties,fines, lawsuits,and other proceedings and all judgments,awards,costs and expenses(including reasonable costs and attomey fees) which result or arise out of the sole negligent acts or omissions of Contractor, its officials, officers, employees or agents. b. If any suit, judgment, action, claim or demand arises out of, or occurs in conjunction with, the negligent acts and/or omissions of both the Contractor and the City, or their elected or appointed officials, officers, employees, agents, attorneys or volunteers, pursuant to this Contract, each party shall be liable for its proportionate share of negligence for any resulting suit, judgment, action, claim, demand, damages or costs and expenses, including reasonable attorneys' fees. c. Contractor's Waiver of Employer's Immunity under Title 51 RCW. If any design or engineering work is done pursuant to this Contract, Contractor intends that its indemnification, defense, and hold harmless obligations set forth above in Section A shall operate with full effect regardless of any provision to the contrary in Title 51 RCW,Washington's Industrial Insurance Act. Accordingly, to the extent necessary to fully satisfy the Contractor's indemnification, defense, and hold harmless obligations set forth above in Section A, Contractor specifically waives any immunity granted under Title 51 RCW, and specifically assumes all potential liability for actions brought by employees of the Contractor against the City and its elected and appointed officials,officers,employees,attorneys,agents,and volunteers. The parties have mutually negotiated this waiver. Contractor shall similarly 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, shall 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 provisions of this section shall survive the expiration or termination of this Agreement. 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. 11834 Cationic Polymer Flocculant-WWTP Page 19 of 27 14. Contractor's Liability Insurance At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect insurance to protect the City and Contractor from and against any and all claims, damages, losses, and expenses arising out of or resulting from the performance of this Contract. 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 will 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 will be included with the certificate. This Certificate of insurance shall be provided to the City, prior to commencement of work. Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify a deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. The following insurance is required: a. Commercial Liability Insurance: Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance 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 policy shall name the City of Yakima, its elected and appointed officials,employees, agents,attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A- VII or higher in Best's Guide and admitted in the State of Washington.The requirements contained herein,as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. b. Automobile Liability Insurance: Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars($2,000,000.00) per occurrence. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is,the coverage amount,the policy number,and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A- VII or higher in Best's Guide and admitted in the State of Washington.The requirements contained herein,as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. The business auto liability shall include Hired and Non-Owned coverage if necessary. c. Employer's Liability(Stop Gap): Contractor and all subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable, and shall maintain Employer's Liability insurance with a limit of no less than $1,000,000.00. The City shall not be held responsible in any way for claims filed by Contractor or its employees for services performed under the terms of this Contract. Contractor agrees to assume full liability for all claims arising from this Contract including claims resulting from negligent acts of all subcontractor(s). Contractor is responsible to ensure subcontractor(s) have insurance as needed. Failure of subcontractors(s)to comply with insurance requirements does not limit Contractor's liability or responsibility. 11834 Cationic Polymer Flocculant-WWTP Page 20 of 27 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 shall not contribute to it. 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. Should a court of competent jurisdiction determine that this Contract 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 Contractor and the City, its officers,elected and appointed officials, employees, agents, attorneys and volunteers, Contractor's liability hereunder shall be limited to the extent of the Contractor's negligence. 15. Severability If any term or condition of this Contract or the application thereof to any person(s)or circumstances is held invalid,such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end,the terms and conditions of this Contract are declared severable. 16. Contract Documents This Contract, the Invitation to Bid#11834, 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. 17. Termination-Convenience This Contract may be terminated by either party by giving thirty(30)days written notice of such intent and will become effective thirty (30)days from the date such written notice is delivered to the applicable party to the Contract. 18. Termination-Cause The City reserves the right to terminate this Contract at any time, upon written notice, in the event that the Services of Contractor are deemed by the City to be unsatisfactory, or upon failure to perform any of the terms and conditions contained in this Contract. The effective date for such termination shall be upon receipt of the notice, or three days after the notice is mailed first class mail, certified with return receipt requested. 19. Force Majeure Contractor will not be responsible for delays in delivery due to acts of God,fire, strikes, epidemics, 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. 20. Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 21. 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. 22. Authority The person executing this Contract, on behalf of Contractor, represents and warrants that he/she has been fully authorized by Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms,performances and provisions of this Contract. 11834 Cationic Polymer Flocculant-WWTP Page 21 of 27 23. Notice Any notice required or permitted to be given under this Contract shall be in writing and deemed effective if either delivered in person or by overnight courier,facsimile or first class mail,certified with return receipt requested. Notices to the parties shall be delivered to: TO CITY: City Manager TO CONTRACTOR: City of Yakima City Hall—First Floor 129 North Second Street Yakima,WA 98901 COPY TO: City of Yakima Purchasing City Hall—First Floor 129 North Second Street Yakima,WA 98901 25. Survival The foregoing sections of this Contract, 2-24 inclusive,shall survive the expiration or termination of this Contract in accordance with their terms. IN WITNESS WHEREOF,the parties hereto execute this Contract as of the day and year first above written. CITY OF YAKIMA (ENTER CONTRACTOR NAME). By: Cliff Moore,City Manager Date: Date: Attest: (Print name) City Clerk 11834 Cationic Polymer Flocculant-WWTP Page 22 of 27 VII. BID FORM INVITATION TO BID NO.11834 MUST BE SUBMITTED&UPLOADED WITH BID TO BIDDER: THE FOLLOWING IS ESTIMATED QUANTITY FOR THE YEAR. PLEASE BID YOUR LOWEST PRICE, BEST DELIVERY DATE AND PAYMENT DISCOUNT TERMS FOR THE FOLLOWING. BID ON EACH ITEM SEPARATELY AND EXTEND NET UNIT PRICE. THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS AND TO ACCEPT ANY OR ALL ITEMS AT THE PRICE BID. THE CITY INTENDS TO AWARD THIS CONTRACT WITHIN 60 CALENDAR DAYS. Bid your lowest price for the following: Cationic Polymer Flocculant to be utilized in an Alfa Laval Centrifuge Model 702-G2. Item Price Total Price Description Qty No. Per Unit (without tax) 1. Cationic Polymer flocculant shall be a high to medium charge, non-dusting powder furnished in 700 KG (1,600 lb.)tay bags/sacks or 25 KG (55 65,000 lbs. $ 1.77/lb $ 115,050.00 lb.) bags as specified by buyer. Vendor shall specify below the manufacturer of products being offered. BASF Corporation Specify packaging proposed for this Bid. 25kg bags / 700kg super sacks Product to be ordered on an as-needed basis. Please specify if there is a minimum order quantity. 180 - 25kg bags / 6 - 700kg super sacks FREIGHT,FOB DESTINATION: INCLUDED 10 Business Days ARO WA STATE SALES TAX—Destination Based @8.2%: $ 9,434.10 TOTAL: $ 124,484.10 List discount offered off list price for any other items not specifically listed: N/A 11834 Cationic Polymer Flocculant-WWTP Page 23 of 27 VIII. BIDDER QUESTIONNAIRE MUST BE SUBMITTED &UPLOADED WITH BID INSTRUCTIONS: Provide the requested information, sign and date. You must submit this completed form to the City with your Bid. Failure to submit this form fully complete, may result in disqualification of Bid Proposal. If the City requires further description,the City may request Bidder to provide such information within a mandatory due date. BIDDER INFORMATION Bidder's Legal Name: BASF Corporation Company's dba: (if applicable) CEO/President Name: Wayne Smith Business Please see attached Federal License No. Business License UB► No. 600259679 EIN No. 16-1090809 Phone (704) 587-1831 Toll Free Phone (800) 322-3885 FAX (704) 587-1816 E-Mail Address municipal-water-na@basf.com Mailing Address 11501 Steele Creek Road city Charlotte State NC Zip+4 28273-3730 Physical Address 11501 Steele Creek Road City Charlotte State NC Zip+4 28273-3730 Name the person to contact for questions concerning this Bid Proposal: Name Rachel Potter Title Marketing Manager Phone (704) 587-1831 Toll Free Phone 800 322-3885 FAX (704) 587-1816 E-Mail Address municipal-water-na@basf.com Mailing Address 11501 Steele Creek Road City Charlotte State NC zip+4 28273-3730 Physical Address 11501 Steele Creek Road City Charlotte State NC Zip+4 28273-3730 OWNERSHIP Is your firm a subsidiary, parent, holding company, or affiliate of another firm? Yes: X No: Please explain: BASF Corporation is a wholly-owned indirect subsidiary of BASF SE, a European corporation headquartered in Ludwigshafen, Germany. 11834 Cationic Polymer Flocculant-WWTP Page 24 of 27 IX. CERTIFICATE OF INSURANCE AND ADDITIONAL INSURED ENDORSEMENT 1. Sample of Certificate of Insurance • A� CERTIFICATE OF LIABILITY INSURANCE °ATEI""''°"""I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S).AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT: I the certificate holder is an ADDITIONAL INSURED,the poIcyhes)must have ADDITIONAL INSURED provIsions or be endorsed. If SUBROGATION IS WAIVED.subject to She terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER FACT NS_RANCE AGENT INFCTMATICN INSURANCE AGENT ISSUING CERTIFICATE IMCWE FAX ME.No.EH, FAX EMAIL ADDRESS N4UREapp)AFFORDING COVERAGE HNC* eio na A-':II OR BETTER ADMITTED CARR:�ER INSURED •WSNERB •. •' •• .'F 'IMURENC M IURW E WSYRertr COVERAGES CERTIFICATE NUMBER' REVISION NUMBER: T-.IS S TO CERTI,V T:.,AT-RE POLICIES CIF I.S,RANCE LIS'TD FEN.;vr i•AL,F F. FFI ISSLF. 0 Tl NAMED.AFC':_FOR T"E POL.CV PERIOD INCICAIED MitYY1T HS'AhC'ING ANY HE O,;.RELIEN' TERM i)<t CCr'.D1'ICF.•JF ANY::N. NAC1 _K ^EN L.O.2.,I.1E'.f ;:1-KLSPELI O OH/CH :HMS CEHTIFICATE MAY at ISS..ED t31 NAY PERTAIN.-n,E INSURANCE AFFORDED BY THE POLICIES CESCRIBEO HEREIN IS SUBJECT to ALL 1st TEAMS. ExCLUS:DNS AND CONDITIONS OF SLCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LM ADM-BUSS POLICY PPP POLICY EX. TA TYPE Of INSURANCE IMD ANA POLICY NUMBER tlla0DOlYYW1 INAIDEIYYWI LMYTS X COMMBRCML GENERAL LMiaWTY Fa7:140cr k4ENGF $ 2000.000 • DAVAIE'DANTE.CLANGS-MADE X (:CU. PRFra Ss_.S t _ 5 109 WC • __�.... �,:p mt..;Ex+�:.•Y aeearmee r 5000 A POLICY NUMBER RscA.t a Ac:N:,,Rr s 2 000.900 GFrIT AG:RF.ATF LiV TAPPLIESPFR - -E ""•' GENERA!ACCRECATF 5 2000.000 noon aNO- ELt LOC =•KJ3lL 1!•COW'C+ASJ D AUTOLgal1.E LY1aILITY { _=fJtEIye_ 1sL1_L.4n 5 20,OGD X maALIT I :?.F:. ._�.. UCCILY I•.J'_:!:Pe."Hum g....�...� A OWNED 5C•Y3_LED POLICY NUMBER :i.)WL''•...,. r A,..I Au1OS ONLY AUTOS . H.ITQS JbLv AO,OS."),AY .Pt' a UAMRELLA JAO Et"HOC"UKVE'.CE EXCESS UN, wr�yYvA:A DFD OFTFNTION5 i WORKERS COMPENSATION ' i 1,.? AND EMPLOYERS LLAMLITY Y�ir 1 AP.- - N.UtL X .1 A.�.PV�cP E•^4oAa.pEq La 5.Jn.,I "• Ft EACH.A f.I'FlJT F 15 3I'OO r. A eneell SEVSEREr:.SE.' N'A POLICY NUMBER IM.r4bryrNNl `.- i,.. F: 17- A"F E L oss••EaEa1�Lo+•� t 1.000.000 rs T. ee.res ._. _A ... .. :CSCRIPTION;Y DACIA'y're:.,n. .,:oF Cap -- `'r-� .-1 D5C•ai, v.l:c.v.i�- $ 10OO DOC Dike PTION OP OPERATORS I LOCATORS(VEHICLES IACORO MI.Add.rnel Remark.Sceedue.may be amebae II mer.space is rig Oredl The Cny Cl Vauma any the County 0'Yakima.as agents employees.authorised volunteers.e-eCteC and appointed officials are included as Pnmary.Non-Centdbutory additional neureds See maned ACdhionaI Insured Endorsement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN Clly of YaWlnatCot.nly of Yakima ACCORDANCE WITH THE POLICY PROVISIONS • Pu'Cnasiny Depanrlent AUrm:RSLO REPRESL1'AtM1A 129 N.2nc SI SIGNATURE Vaklmo '.VA 98901 L t9118.2015 ACORD CORPORATION.All rights reserved. ACORD 25(2018'03) 'The ACORD name and logo are registered marks of ACORD 11834 Cationic Polymer Flocculant-WWTP Page 25 of 27 2. Sample Additional Insured Endorsement POLICY NUMBER: COMMERCIAL GENERAL LABILITY CG20101001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.; A. Section II —Who Is An Insured is amended to (1) All work. including matenals, parts or include as an insured the person or organization equipment furnished in connection with shown in the Schedule, but only with respect to i- such work, on the project (other than ability arising nut of your ongoing operations per- service, maintenance or repairs) to be formed for that insured. performed by or on behalf of the addi- B. With respect to the insurance afforded to these tional insured(s) at the site of the cov- additional insureds, the following exclusion is ered operations has been completed:or added: (2) That portion of"your work"out of which 2. Exclusions the injury or damage arises has been does not apply to"bad-1 injury put to its intended use by any person or This insurance d PP Y y organization other than another or"property damage"occurring after: contractor or subcontractor engaged in performing operatiors for a principal as a part of the same project. CG 20 10 10 01 @ ISO Properties. Inc., 2000 Page 1 of 1 0 11834 Cationic Polymer Flocculant-WWTP Page 26 of 27 X. E-VERIFY MUST BE SUBMITTED& UPLOADED WITH BID E-Verify The City of Yakima supports the Federal Immigration, Reform and Control Act of 1986, as amended. The City requires that all Contractors or business entities that contract with the City for the award of any City contract for public works in excess of Five Thousand Dollars ($5,000), or any other City contract in excess of Two Thousand Five Hundred Dollars ($2,500), enroll in the E-Verify program or its successor, and thereafter to verify its employees' proof of citizenship and authorization to work in the United States. E-Verify will be used fir newly hired employees during the term of the contract ONLY; it is NOT to be used for existing employees. The Contractor must remain enrolled in the program for the duration of the contract and be responsible for verification of every applicable subcontractor. The Contractor shall sign and return with their bid response the E-Verify Declaration below. Failure to do so may be cause for rejection of bid. E-VERIFY COMPLIANCE DECLARATION The undersigned declares, under penalty of perjury under the laws of Washington State, that: 1. By submitting this Declaration, I certify that I do not and will not, during the performance of this contract, employ illegal alien workers, or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986. I agree to enroll in E-Verify prior to the start date of any contract issued by the City of Yakima to ensure that my workforce is legal to work in the United States of America. I agree to use E-Verify for all newly hired employees during the length of the contract. I certify that I am duly authorized to sign this declaration on behalf of my company. I acknowledge that the City of Yakima reserves the right to require evidence of enrollment of the E-Verify program at any time and that non-compliance could lead to suspension of this contract. Firm Name: YAW: Dated this 3 4' day of /4.1tti4 � , 20 /9. t Signature: Printed Name: arGiNfsg J. (1)L/C.D Address: 10 0 ? sK A V G. LaRi4 ?f c) \' , 07 a Phone#: Q73'424 " cap 7 Email Address: ..P-er#6,j, p 1.0,1 11834 Cationic Polymer Flocculant-WWTP Page 27 of 27 Cationic Polymer Flocculant Bid 11834 Safety Questionnaire 1. Is Cationic Polymer Flocculant shipped on radio-equipped trucks? Yes Si No 0 2. What safety equipment is carried on the delivery trucks? A BASF Corporation ships its products on BASF approved carriers. B. Our procurement department is very stringent in security equipment c. that meets our high standards. D. E. 3. What is your unloading procedure(using the above listed safety equipment)? Customers unload their freight. 4. What emergency training will the drivers receive? Name of Course: Number of Hours: Date of Training: 1 Our carriers will have the training their companies require to hold our freight. 2. 3. 5. What procedures are proposed for emergencies during transport? 11834 Cationic Polymer Flocculant Page 1 of 2 (I.e.Will local Fire Departments be notified of transport routes and times?) 1 Phone numbers are provided to the carriers and the Bill of Lading to 2. call in an emergency. 3 Chemtrec(800)424-9300 or(703)527-3887 4. 6. Who in the supplier's organization do we contact in case of emergency? Mike Gorski Western Territory Sales Manager (503)577-3361 Name Position Phone number You can also call Customer Care at(800)322-3885 11834 Cationic Polymer Flocculant Page 2 of 2 FedEx Freight December 28, 2018 Dear Valued Customer: RE: FedEx Freight Inc. Regulatory Compliance FedEx Freight offers a wide range of services for the time-definite transportation of freight,using an extensive fleet of vehicles and leading-edge information technologies. FedEx Freight has over 40,200 employees. FedEx Freight uses approximately 17,959 power units(trucks)and approximately 50,000 other pieces of equipment. Our vehicles in the United States travel over 3 million miles per day.We comply with all applicable federal and state laws and regulations that apply to the services we offer. FedEx Freight has vehicle liability insurance and general liability insurance.FedEx Freight has a DOT safety rating of satisfactory. You may view our safety rating using USDOT Number 239039 at htt0://www.fmcsa.dot.aov/.FedEx Freight programs include appropriate driver qualification and safety training as well as a federally approved alcohol and drug-testing program. FedEx Freight is an authorized interstate motor carrier and holds intrastate operating authority in those states where registration is required. FedEx Freight has an extensive hazardous materials program, which includes spill prevention, agency notification, appropriate handling,and emergency response to hazardous materials incidents. This program is implemented through policies,procedures, practices,manuals,training,and a network of contractors experienced in responding to hazardous incidents. We comply with all applicable U.S.and state permit requirements and have all required registration numbers for the hazardous materials we accept for transport. We provide training,as appropriate,for employees with respect to the safe and secure handling and transportation of hazardous materials. FedEx Freight has taken precautions to ensure the safety of our employees,equipment,packages and customers. FedEx Freight has in place effective security measures that meet or exceed all federally mandated requirements for over-the road motor carriers. We participate in several U.S.Government security programs designed to protect over-the-road cargo including:the U.S.Customs and Border Protection Customs-Trade Partnership Against Terrorism(C-TPAT)Program;Canada's Partners-In-Protection(PIP) TSA's Secure Identification Display Area(SIDA) Program and the Transportation Workers Identification Credential (TWIC) Program. In addition, FedEx Freight routinely cooperates with local, state and federal authorities to ensure that we secure our transportation network. The federal regulations governing dangerous goods/hazardous materials(HM-232)require shippers and carriers to develop and implement a security plan addressing risks related to the transportation of hazardous materials. FedEx Freight has such a plan in place and is in full compliance with these regulations. While FedEx Freight is not in a position to provide specific data or copies of internal policies and procedures to our customers, FedEx Freights'policies and procedures are designed to comply with all applicable laws and regulations. The information contained herein is provided for informational purposes only and is subject to change without notice. This letter does not alter or amend any existing contractual obligations or governing rules tariff. We appreciate your continued interest in FedEx Freight,Inc. Sincerely, /1„/„....„.... FedEx Freight,Inc. Safety,DC2260 P.O.Box 840 Harrison,AR 72602 04/I7sl t+.., BASF CORPORATION 6166-1 BASF CORPORATION , 100 PARK AVE FLORHAM PARK NJ 07932-1049 DETACH BEFORE POSTING 'I ..1,17. ' - = BUSINESS LICENSE i' , • •,I STATE OF I' WASHINGTON 1 Unified Business ID#: 600259679 Profit Corporation Business ID#: 001 ' Location: 0001 BASF CORPORATION Expires: Nov 30, 2019 BASF PERFORMANCE PRODUCTS LLC 100 PARK AVE I`. FLORHAM PARK, NJ 07932-1049 )" UNEMPLOYMENT INSURANCE -ACTIVE INDUSTRIAL INSURANCE-ACTIVE 1,^ TAX REGISTRATION -ACTIVE I;' CITY ENDORSEMENTS: SPOKANE VALLEY GENERAL BUSINESS-ACTIVE I LONGVIEW GENERAL BUSINESS#051755-ACTIVE '# ' 1 SPOKANE GENERAL BUSINESS#T11081827BUS-ACTIVE I • BELLINGHAM GENERAL BUSINESS-ACTIVE LICENSING_RESTRICTIONS: Not licensed to hire minors without a Minor Work Permit. ;i ' .I I,; REGISTERED TRADE NAMES: _ I BASF PERFORMANCE PRODUCTS LLC ('r BODYSHOPMALL ,i I (,y `,n I{ ;I I14 r1 `, 11 This document lists the registrations,endorsements,and licenses authorized for the business �—+ / / • (I ,,4 named above.By accepting this document,the licensee certifies the information on the application //J was complete,true,and accurate to the best of his or her knowledge,and that business will be conducted in compliance with all applicable Washington state,county,and city regulations. Director,Department of Revenue 'r° ... _ _-.. _... _ -- - -- -- — _ - - _ _ �.—- STATE OF WASHINGTON l / 1 ®A DATE(MMIDDPYYYY) CERTIFICATE OF LIABILITY INSURANCE 01/04/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: MARSH USA,INC. PHONE FAX 445 SOUTH STREET INC.No.E#I: (A/C,No): MORRISTOWN,NJ 07960-6454 E-MAIL Attn:Morristown.cerirequest@Marsh.com Fax 212-948-0979 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# CN101862341-ALL-CAS-18-19 INSURER A:ACE American Insurance Company 22667 INSURED INSURER B:Indemnity Ins Co Of North America 43575 BASF CORPORATION 20702 ATTN:KATHLEEN ADAMIK INSURER C:ACE Fire Underwriters Insurance Company 100 PARK AVENUE INSURER D: FLORHAM PARK,NJ 07932 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: NYC-010409028-01 REVISION NUMBER: 3 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR INSURANCE INSDDDL 1/1/VD POLICPOLICY NUMBER IMMIDDY EFF POLICY EXP LTTYPE OF RINSD /YYYY) (MMIDD/YYYY) LIMITS LT A X COMMERCIAL GENERAL LIABILITY HDCG71095435 06/01/2018 06/01/2019 EACH OCCURRENCE $ 5,000,000 DAMAGE TO RENTED 5,000,000 X CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 X POLICY PRO-JECT LOC PRODUCTS-COMP/OP AGG $ 5,000,000 OTHER. A AUTOMOBILE LIABILITY ISAH25158519 06/01/2018 06/01/2019 COMBINED SINGLE LIMIT $ 5,000,000 (Ea accident) A X ANY AUTO CALH25158520(Classic Car) 06/01/2018 06/01/2019 BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS x HIRED X NON-OWNED (PerPR aPERTY denti DAMAGE $ AUTOS ONLY AUTOS ONLY UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE I AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION WLRC64788656(Deductible) 06/01/2018 06/01/2019 X STATUTE EORH AND EMPLOYERS'LIABILITY C (Y I N 5CFC64788693 Retro) 06/01/2018 06/01/2019 1,000,000 ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ A (MandatoryOFFICERNEMBEREXCLUDED9 N NIA WLRC64788619(AZ,CA,MA) 06101/2018 06/01/2019 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 (Mandatory In NH) If Yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) City of Yakima is included as an additional insured,except for workers compensation,as their interest may appear in a signed,written agreement with the insured. CERTIFICATE HOLDER CANCELLATION City of Yakima SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 2220 East Viola THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Yakima,WA 98901 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee _1VLauacI-+ -.114--,-.-1*--Kii."4- ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1 � ADDITIONAL INSURED WHERE REQUIRED BY WRITTEN CONTRACT Named Insured Endorsement Number BASF Corporation 2 Policy Symbol Policy Number Policy Period Effective Date of Endorsement HDC G71095435 06/01/2018 to 06/01/2019 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information is to be completed only%Oen this endorsement is issued subsequent to the preparation of the policy_ THISENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Section 11.2—Who Is An Insured: e. Any person or organization that you are required to include as an additional insured under this policy because of a written contract that: 1) Is in effect during this policy period; and 2) Was executed prior to the"occurrence" of the"bodily injury"or"property damage";and 3) Qualifies as an"insured contract" as defined in this policy. Any such person or organization is an additional insured only for "bodily injury" and "property damage"resulting from: a. "your work"that you do for that additional insured pursuant to such contract;or b. "your product"distributed or sold to that additional insured pursuant to such contract;and such person is only an additional insured for "occurrences" taking place during the period of time required by such contract or until the end of the policy period,whichever is sooner. However: i)The insurance afforded to such additional insured only applies to the extent permitted by law;and ii) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. In the event that the Limits of Insurance provided by this policy exceed the Limits of Insurance required by the written contract: x. The insurance provided by this endorsement shall be limited to the Limits of Insurance required by the written contract; and y. This endorsement shall not increase the Limits of Insurance stated in the Declarations under Item 3. Limits of Insurance pertaining to the coverage provided herein. Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless the written contract specifically requires that this insurance apply on a primary or non-contributory basis. LD-21730a(08/13) Includes copyrighted material of Insurance Services Office. Inc.,with its permission. Page 1 of 2 In accordance with the terms and conditions of the policy and as more fully explained in the policy, as soon as practicable, each additional insured must give us prompt notice of any "occurrence" which may result in a claim, forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with all of the policy's terms and conditions. Authorized Representative Lo-21730a(D8113) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 2 of 2 POLICY NUMBER: HDC G71095435 Endorsement Number: 43 COMMERCIAL GENERAL LIABILITY CG 20 33 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any person or additional insureds, the following additional organization for whom you are performing exclusions apply: operations when you and such person or This insurance does not apply to: organization have agreed in writing in a contract or agreement that such person or organization be 1. "Bodily injury', "property damage" or"personal added as an additional insured on your policy. and advertising injury" arising out of the Such person or organization is an additional rendering of, or the failure to render, any insured only with respect to liability for "bodily professional architectural, engineering or injury", "property damage" or "personal and surveying services, including: advertising injury"caused,in whole or in part, by: a. The preparing, approving, or failing to 1. Your acts or omissions;or prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, 2. The acts or omissions of those acting on your change orders or drawings and behalf; specifications;or in the performance of your ongoing operations for b. Supervisory, inspection, architectural or the additional insured. engineering activities. However, the insurance afforded to such This exclusion applies even if the claims against additional insured: any insured allege negligence or other wrongdoing 1. Only applies to the extent permitted by law; in the supervision, hiring, employment, training or and monitoring of others by that insured, if the 2. Will not be broader than that which you are "occurrence" which caused the "bodily injury" or required by the contract or agreement to "property damage", or the offense which caused provide for such additional insured. the "personal and advertising injury", involved the rendering of or the failure to render any A person's or organization's status as an professional architectural, engineering or additional insured under this endorsement ends surveying services. when your operations for that additional insured are completed. CG 20 33 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 2 2. "Bodily injury" or "property damage" occurring C. With respect to the insurance afforded to these after: additional insureds, the following is added to a. All work, including materials, parts or Section III—Limits Of Insurance: equipment furnished in connection with The most we will pay on behalf of the additional such work, on the project (other than insured is the amount of insurance: service, maintenance or repairs) to be 1. Required by the contract or agreement you performed by or on behalf of the additional have entered into with the additional insured; insured(s) at the location of the covered or operations has been completed;or 2. Available under the applicable Limits of b. That portion of"your work" out of which the Insurance shown in the Declarations; injury or damage arises has been put to its whichever is less. intended use by any person or organization other than another contractor or This endorsement shall not increase the subcontractor engaged in performing applicable Limits of Insurance shown in the operations for a principal as a part of the Declarations. same project. Page 2 of 2 ©Insurance Services Office, Inc., 2012 CG 20 33 0413 • BASF We create chemistry March 16, 2018 Certified Statement of Manufacturing BASF Corporation located at 100 Park Avenue, Florham Park, NJ is a manufacturer of water&wastewater treatment chemicals and it and its predecessor companies have been in the manufacturing of water treatment chemicals business for over 60 years. The water treatment division of BASF Corporation was formally known as Ciba Corporation. BASF Corporation purchased Ciba Corporation in April 2010. Ciba Corporation purchased the water treatment division of Allied Colloids in 1998. Allied Colloids was a manufacturer of water treatment chemicals for some 50 years prior to its sale to Ciba. BASF SE is the parent company of BASF Corporation and is headquartered in Ludwigshafen, Germany. BASF SE is a publicly owned and stock of the corporation is listed on the German, Swiss and London Stock exchanges. BASF SE is the largest chemical company in the world with revenues in excess of$100 billion per year. BASF was listed by Fortune Magazine as the 52nd largest corporation in the world. BASF Corporation currently has over 300 manufacturing sites worldwide. Our production sites involved in the production of water treatment chemicals are currently located in Suffolk, VA, Bradford, England, Nanjing, China and Kwinana,Australia.With respect to the Municipality's expected annual volumes, BASF Corporation is confident that it has access to annual capacities that can produce sufficient volumes of polymers required by the Municipality. Sincerely, Rachel Potter Marketing Manager Paper and Water Chemicals Business Unit Water Chemicals Phone: (704)587-1831 Fax: (704)587-1803 Email: municipal-water-na@basf.com BASF Corporation 100 Park Avenue Florham Park,NJ 07932 www.baaf.us CERTIFICATE OF ASSISTANT SECRETARY BASF CORPORATION The undersigned, Christina I. Hawkes, a duly elected, duly qualified and duly acting Assistant Secretary of BASF CORPORATION, a Delaware corporation, hereby certifies that the following Resolution was adopted by Unanimous Written Consent of the Board of Directors of this Corporation as of May 22, 2017 and is duly recorded in the Corporation's minutes: Authorizations Related to Water Solutions and Paper Chemicals Business RESOLVED, that Deon Carter, Senior Vice President, Performance Chemicals, is hereby authorized to sign any Sales Agreement, Response to Bid Request and any other related document within his area of responsibility; and it is FURTHER RESOLVED, that, in connection with municipal bid requests, each of Alex J.Attlesey, Vice President, Regional Business Management, Paper/Water and any head of the Water Solutions and Paper Chemicals Business, is hereby authorized to sign any Sales Agreement, Response to Bid Request and any other related document within their scope of responsibility; and it is FURTHER RESOLVED, that, in connection with municipal bid requests, each of Deon Carter Senior Vice President, Performance Chemicals; Alex J. Attlesey, Vice President, Regional Business Management, Paper/Water; and any head of the Water Solutions and Paper Chemicals business (each, a "Delegator"), is hereby authorized to designate an alternate ("Surrogate") to sign any Sales Agreement, Response to Bid Request and any other related document pertaining to the Water Solutions and Paper Chemicals business, in the absence of such Delegator. RESOLVED, that the authority granted in all of the above resolutions is subject to Corporate Policy BC016, Authorization for Approvals; and further RESOLVED,that the authority granted in all of the above resolutions is effective as of June 1 , 2017 and has not been revoked. IN WITNESS WHEREOF, I have subscribed my name and have affixed the seal of the Corporation hereto on this 16 day of April , 2018 [SEAL] Christina I. Hawkes Assistant Secretary Fa BASF We create chemistry Date: December 18, 2018 To: Steve Jose and Rachel Potter From: Alex J. Attlesey Subject: Delegation of Authority In accordance with paragraph 3.7.1 of Corporate Policy BCO 16, Authorization for Approvals, with respect to municipal bid requests, I hereby delegate as an alternate (Surrogate) to each of: Steve Jose and Rachel Potter, the authority to approve and sign any Sales Agreement, Response to Bid Request, and other related documents pertaining to the Water Solutions business in my absence. This Delegation of Authority is subject to Corporate Policy BCO 16, Authorization for Approvals. All agreements which exceed $1 million USD or three years term, must be initialed by Alex J. Attlesey. This Delegation of Authority is effective as of December 18, 2018 and will continue until revoked in writing. Signed: DBASF We create chemistry References: Dry Polymer Products Warehoused in Suffolk, VA: Suffolk Plant 2301 Wilroy Road Suffolk, VA 23434 City of Ottawa: February 2013 — Current Product: BASF®Zetag® 8180 Annual Volume: over 400,000 lbs Robert 0 Pickard Environmental Center 800 Greens Creek Drive Gloucester, ON K1J 1A6 Contact: Gary Robidoux Phone: 613-580-2424 Fax: 613-745-7655 Email: qary.robidouxottawa.ca GEORGE S. COYNE CHEMICAL CO., INC.: January 2013 — Current Product: Various BASF Dry Polymers Annual Volume: over 150,000 lbs 3015 State Road Croydon, PA 19021 Contact: Dave Maugle Phone: 215-785-3000 x7267 Fax: 215-785-1585 Email: DMAUGLEACoyneChemical.com Greater Vancouver Regional District: February 2013 — Current Product: Zetag®7553 and Zetag®7583 Annual Volume: 200,000 lbs 1299 Derwent Way Delta, CA V3M 5V9 Contact: Glen Neville Phone: 604-432-6200 Email: glen.neville@metrovancouver.org BASF Corporation 100 Park Avenue Florham Park,NJ 07932 www.basf.us BASF We create chemistry Gulf Coast Waste Disposal Authority: January 2013 — Current Product: Zetag®7583 and other BASF Dry Polymers Annual Volume: over 200,000 lbs 10800 Bay Area Blvd Pasadena, TX 77507 Contact: Susan Calhoun Phone: 281-474-4111 Email: scalhoun@gcwda.com Kubwater Resouces, Inc.: January 2013—Current Product: Various BASF Dry Polymers Annual Volume: over 300,000 lbs 14845 SW Murray Scholls Dr Beaverton, OR 97007 Contact: E. Andy Kubiak, PE Phone: 855-582-9283 Email: Andyk(a7kubwater.com BASF We create chemistry Safety Data Sheet Zetag® 8190 Revision date :2018/07/26 Page: 1/9 Version: 3.0 (30477019/SDS_GEN_US/EN) 1. Identification Product identifier used on the label Zetag® 8190 Recommended use of the chemical and restriction on use Recommended use*:Water and effluent management within the paper mill;flocculation agent •The"Recommended use identified for this product is provided solely to comply with a Federal requirement and is not part of the seller's published specification.The terms of this Safety Data Sheet(SDS)do not create or infer any warranty,express or implied,including by incorporation into or reference in the seller's sales agreement. Details of the supplier of the safety data sheet Company: BASF CORPORATION 100 Park Avenue Florham Park, NJ 07932, USA Telephone:+1 973 245-6000 Emergency telephone number C H E M T R E C: 1-800-424-9300 BASF HOTLINE: 1-800-832-HELP(4357) Other means of identification Chemical family: polyacrylamide, cationic 2. Hazards Identification According to Regulation 2012 OSHA Hazard Communication Standard; 29 CFR Part 1910.1200 Classification of the product No need for classification according to GHS criteria for this product. Label elements The product does not require a hazard warning label in accordance with GHS criteria. Hazards not otherwise classified Safety Data Sheet Zetag® 8190 Revision date :2018/07/26 Page: 2/9 Version: 3.0 (30477019/SDS_GEN_US/EN) Very slippery when wet. This type of product has a tendency to create dust if roughly handled. The product does not burn readily but as with many organic powders,flammable dust clouds may be formed in air. The product is under certain conditions capable of dust explosion. Labeling of special preparations(GHS): This product is not combustible in the form in which it is shipped by the manufacturer, but may form a combustible dust through downstream activities(e.g. grinding, pulverizing)that reduce its particle size. 3. Composition/Information on Ingredients According to Regulation 2012 OSHA Hazard Communication Standard; 29 CFR Part 1910.1200 Under the referenced regulation,this product does not contain any components classified for health hazards above the relevant cut off value. 4. First-Aid Measures Description of first aid measures General advice: Remove contaminated clothing. If inhaled: Keep patient calm, remove to fresh air, seek medical attention. If on skin: Wash thoroughly with soap and water. If irritation develops, seek medical attention. If in eyes: Wash affected eyes for at least 15 minutes under running water with eyelids held open. Seek medical attention. If swallowed: Rinse mouth and then drink plenty of water. Do not induce vomiting. Immediate medical attention required. Most important symptoms and effects, both acute and delayed Symptoms: No significant symptoms are expected due to the non-classification of the product. Hazards: No hazard is expected under intended use and appropriate handling. Indication of any immediate medical attention and special treatment needed Note to physician Treatment: Treat according to symptoms(decontamination,vital functions), no known specific antidote. Safety Data Sheet Zetag® 8190 Revision date :2018/07/26 Page: 3/9 Version: 3.0 (30477019/SDS_GEN_US/EN) 5. Fire-Fighting Measures Extinguishing media Suitable extinguishing media: dry powder,foam Unsuitable extinguishing media for safety reasons: water jet,carbon dioxide Additional information: If water is used, restrict pedestrian and vehicular traffic in areas where slip hazard may exist. Special hazards arising from the substance or mixture Hazards during fire-fighting: carbon oxides, nitrogen oxides The substances/groups of substances mentioned can be released in case of fire. Very slippery when wet. Advice for fire-fighters Protective equipment for fire-fighting: Wear a self-contained breathing apparatus. Further information: The degree of risk is governed by the burning substance and the fire conditions. Contaminated extinguishing water must be disposed of in accordance with official regulations. Dusty conditions may ignite explosively in the presence of an ignition source causing flash fire. 6. Accidental release measures Further accidental release measures: Avoid dispersal of dust in the air(i.e., clearing dust surfaces with compressed air). Avoid the formation and build-up of dust-danger of dust explosion. Dust in sufficient concentration can result in an explosive mixture in air. Handle to minimize dusting and eliminate open flame and other sources of ignition. Forms slippery surfaces with water. Personal precautions, protective equipment and emergency procedures Use personal protective clothing. Environmental precautions Do not discharge into drains/surface waters/groundwater. Methods and material for containment and cleaning up For small amounts: Pick up with suitable appliance and dispose of. For large amounts: Contain with dust binding material and dispose of. Avoid raising dust. Nonsparking tools should be used. 7. Handling and Storage Precautions for safe handling Safety Data Sheet Zetag® 8190 Revision date : 2018/07/26 Page:4/9 Version: 3.0 (30477019/SDS_GEN_US/EN) Breathing must be protected when large quantities are decanted without local exhaust ventilation. Handle in accordance with good industrial hygiene and safety practice. Forms slippery surfaces with water. Protection against fire and explosion: Avoid dust formation. Dust in sufficient concentration can result in an explosive mixture in air. Handle to minimize dusting and eliminate open flame and other sources of ignition. Routine housekeeping should be instituted to ensure that dusts do not accumulate on surfaces. Dry powders can build static electricity charges when subjected to the friction of transfer and mixing operations. Provide adequate precautions, such as electrical grounding and bonding,or inert atmospheres. Refer to NFPA 654, Standard for the Prevention of Fire and Dust Explosions from the Manufacturing, Processing, and Handling of Combustible Particulate Solids(2013 Edition)for safe handling. Conditions for safe storage, including any incompatibilities Further information on storage conditions: Store in unopened original containers in a cool and dry place.Avoid wet, damp or humid conditions,temperature extremes and ignition sources. Storage stability: Avoid extreme heat. 8. Exposure Controls/Personal Protection Components with occupational exposure limits adipic acid ACGIH TLV TWA value 5 mg/m3 ; Advice on system design: It is recommended that all dust control equipment such as local exhaust ventilation and material transport systems involved in handling of this product contain explosion relief vents or an explosion suppression system or an oxygen deficient environment. Ensure that dust-handling systems(such as exhaust ducts, dust collectors,vessels,and processing equipment) are designed in a manner to prevent the escape of dust into the work area(i.e.,there is no leakage from the equipment). Use only appropriately classified electrical equipment and powered industrial trucks. Personal protective equipment Respiratory protection: Wear a NIOSH-certified (or equivalent)organic vapour/particulate respirator. Hand protection: Chemical resistant protective gloves Eye protection: Safety glasses with side-shields. Body protection: No body protection required if used for intended purpose and satisfying generally accepted industrial hygiene rules. General safety and hygiene measures: Wear protective clothing as necessary to minimize contact. Handle in accordance with good industrial hygiene and safety practice. No eating, drinking,smoking or tobacco use at the place of work. Safety Data Sheet Zetag® 8190 Revision date :2018/07/26 Page: 5/9 Version: 3.0 (30477019/SDS_GEN_US/EN) 9. Physical and Chemical Properties Form: powder Odour: odourless Odour threshold: No data available. Colour: off-white pH value: 3.5-4.5 (10 g/I) Melting point: The substance/product decomposes therefore not determined. Boiling point: not applicable Sublimation point: No data available. Flash point: not applicable Flammability: not highly flammable Lower explosion limit: For solids not relevant for classification and labelling. Upper explosion limit: For solids not relevant for classification and labelling. Autoignition: No data available. Vapour pressure: The product has not been tested. Relative density: No data available. Bulk density: 700 kg/m3 Vapour density: No data available. Partitioning coefficient n- Study scientifically not justified. octanol/water(log Pow): Self-ignition not self-igniting temperature: Thermal decomposition: No decomposition if stored and handled as prescribed/indicated. Viscosity,dynamic: not determined %volatiles: not determined Solubility in water: Forms a viscous solution. Solubility(quantitative): No data available. Solubility(qualitative): No data available. Evaporation rate: The product is a non-volatile solid. Other Information: If necessary, information on other physical and chemical parameters is indicated in this section. 10. Stability and Reactivity Reactivity No hazardous reactions if stored and handled as prescribed/indicated. Corrosion to metals: No corrosive effect on metal. Oxidizing properties: not fire-propagating Chemical stability The product is stable if stored and handled as prescribed/indicated. Possibility of hazardous reactions The product is not a dust explosion risk as supplied; however the build-up of fine dust can lead to a risk of dust explosions. Safety Data Sheet Zetag® 8190 Revision date : 2018/07/26 Page:6/9 Version:3.0 (30477019/SDS_GEN_US/EN) Conditions to avoid Avoid extreme temperatures.Avoid humidity. Avoid electro-static discharge. Avoid dust formation. Incompatible materials strong acids,strong bases, strong oxidizing agents Hazardous decomposition products Decomposition products: Hazardous decomposition products: No hazardous decomposition products if stored and handled as prescribed/indicated. Thermal decomposition: No decomposition if stored and handled as prescribed/indicated. 11. Toxicological information Primary routes of exposure Routes of entry for solids and liquids are ingestion and inhalation, but may include eye or skin contact. Routes of entry for gases include inhalation and eye contact. Skin contact may be a route of entry for liquefied gases. Acute Toxicity/Effects Acute toxicity Assessment of acute toxicity: Virtually nontoxic after a single ingestion. Oral Type of value: LD50 Species:rat Value: >5,000 mg/kg (OECD Guideline 401) Irritation/corrosion Assessment of irritating effects: Not irritating to eyes and skin. Skin Species: rabbit Result: non-irritant Method: OECD Guideline 404 Eye Species: rabbit Result: non-irritant Sensitization Assessment of sensitization: Based on the ingredients,there is no suspicion of a skin-sensitizing potential. Aspiration Hazard No aspiration hazard expected. Chronic Toxicity/Effects Repeated dose toxicity Safety Data Sheet Zetag® 8190 Revision date :2018/07/26 Page:7/9 Version:3.0 (30477019/SDS_GEN_US/EN) Assessment of repeated dose toxicity: Based on our experience and the information available, no adverse health effects are expected if handled as recommended with suitable precautions for designated uses.The product has not been tested.The statement has been derived from the properties of the individual components. Genetic toxicity Assessment of mutagenicity. Based on the ingredients,there is no suspicion of a mutagenic effect. Carcinogenicity Assessment of carcinogenicity:The whole of the information assessable provides no indication of a carcinogenic effect. Reproductive toxicity Assessment of reproduction toxicity: Based on the ingredients,there is no suspicion of a toxic effect on reproduction. Other Information The product has not been tested.The statements on toxicology have been derived from products of a similar structure and composition. Symptoms of Exposure No significant symptoms are expected due to the non-classification of the product. 12. Ecological Information Toxicity Aquatic toxicity Assessment of aquatic toxicity: Acute effects on aquatic organisms are due to the cationic charge of the polymer,which is quickly neutralised in natural water courses by irreversible adsorption onto particles, hydrolysis and dissolved organic carbon. Fish toxicity and aquatic toxicity are drastically reduced by rapid irreversible adsorption onto suspended and/or dissolved organic matter.The hydrolysis products are not acutely harmful to aquatic organisms. Tested was a substance with a high cationic charge density.As the acute effects are associated with the charge density,substances with a lower charge density are expected to have a lower toxicity. Toxicity to fish LC50(96 h) 1 - 10 mg/I, Fish(static) Aquatic invertebrates EC50(48 h) 10- 100 mg/I, daphnia Persistence and degradability Assessment biodegradation and elimination (H2O) Not readily biodegradable(by OECD criteria). Information on Stability in Water(Hydrolysis) >70%(28 d) (pH value>6) In contact with water the substance will hydrolyse rapidly. Bioaccumulative potential Assessment bioaccumulation potential Safety Data Sheet Zetag® 8190 Revision date :2018/07/26 Page: 8/9 Version: 3.0 (30477019/SDS_GEN_US/EN) Based on its structural properties,the polymer is not biologically available. Accumulation in organisms is not to be expected. Mobility in soil Assessment transport between environmental compartments Information on:cationic polyacrylamide Adsorption to solid soil phase is expected. Additional information Other ecotoxicological advice: Must not be discharged into the environment. The product has not been tested.The statement has been derived from substances/products of a similar structure or composition. 13. Disposal considerations Waste disposal of substance: Dispose of in accordance with national,state and local regulations. Container disposal: Dispose of in a licensed facility. Recommend crushing, puncturing or other means to prevent unauthorized use of used containers. RCRA: Not a hazardous waste under RCRA(40 CFR 261). 14. Transport Information Land transport USDOT Not classified as a dangerous good under transport regulations Sea transport IMDG Not classified as a dangerous good under transport regulations Air transport IATA/ICAO Not classified as a dangerous good under transport regulations 15. Regulatory Information VOC content: not determined Federal Regulations Registration status: Safety Data Sheet Zetag® 8190 Revision date : 2018/07/26 Page:9/9 Version: 3.0 (30477019/SDS_G EN_US/EN) Chemical TSCA, US released/listed EPCRA 311/312(Hazard categories): Refer to SDS section 2 for GHS hazard classes applicable for this product. Safe Drinking Water&Toxic Enforcement Act,CA Prop.65: WARNING:This product can expose you to chemicals including ACRYLAMIDE,which is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information,go to www.P65Warnings.ca.gov. NFPA Hazard codes: Health: 1 Fire: 1 Reactivity: 0 Special: HMIS III rating Health: 1 Flammability: 1 Physical hazard:0(Essentially no hazard) 16. Other Information SDS Prepared by: BASF NA Product Regulations SDS Prepared on:2018/07/26 We support worldwide Responsible Care®initiatives. We value the health and safety of our employees,customers, suppliers and neighbors,and the protection of the environment. Our commitment to Responsible Care is integral to conducting our business and operating our facilities in a safe and environmentally responsible fashion,supporting our customers and suppliers in ensuring the safe and environmentally sound handling of our products,and minimizing the impact of our operations on society and the environment during production, storage,transport, use and disposal of our products. Zetag®8190 is a registered trademark of BASF Corporation or BASF SE IMPORTANT:WHILE THE DESCRIPTIONS, DESIGNS, DATA AND INFORMATION CONTAINED HEREIN ARE PRESENTED IN GOOD FAITH AND BELIEVED TO BE ACCURATE , IT IS PROVIDED FOR YOUR GUIDANCE ONLY. BECAUSE MANY FACTORS MAY AFFECT PROCESSING OR APPLICATION/USE,WE RECOMMEND THAT YOU MAKE TESTS TO DETERMINE THE SUITABILITY OF A PRODUCT FOR YOUR PARTICULAR PURPOSE PRIOR TO USE. NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,ARE MADE REGARDING PRODUCTS DESCRIBED OR DESIGNS, DATA OR INFORMATION SET FORTH,OR THAT THE PRODUCTS, DESIGNS, DATA OR INFORMATION MAY BE USED WITHOUT INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS. IN NO CASE SHALL THE DESCRIPTIONS, INFORMATION, DATA OR DESIGNS PROVIDED BE CONSIDERED A PART OF OUR TERMS AND CONDITIONS OF SALE. FURTHER,YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE DESCRIPTIONS, DESIGNS, DATA,AND INFORMATION FURNISHED BY OUR COMPANY HEREUNDER ARE GIVEN GRATIS AND WE ASSUME NO OBLIGATION OR LIABILITY FOR THE DESCRIPTION, DESIGNS, DATA AND INFORMATION GIVEN OR RESULTS OBTAINED, ALL SUCH BEING GIVEN AND ACCEPTED AT YOUR RISK. END OF DATA SHEET Technical Information Water Solutions TUEV/WN Rev.03 February 2013 Page 1 of 2 0 " BASF The Chemical Company ®=registered Trademark of Zeta O v� 90 BASF Corporation Solid Grade Cationic Polyelectrolyte Chemical Nature Copolymer of acrylamide and quaternized cationic monomer Application Areas Polyelectrolyte for the conditioning of a variety of municipal and industrial substrates prior to mechanical or static solid/liquid separation. This product is not compliant for use in potable water applications. Benefits Highly effective across a wide range of applications including mechanical dewatering, thickening, flotation, and clarification. Operation over a wide pH range(4-9). Typical Properties Product type: Powder Physical form: Off-white granular solid Cationic charge: Very high Molecular weight: Medium Specific gravity: 0.75 Bulk density: 46.8 lb/ft' Ph 1%solution: 4-6 Apparent Viscosit /(cP) @ 25°C Concentration 0.25% 0.50% 1.0% Viscosity 600 1,100 2,600 Storage Under normal storage conditions within the temperature range 5 — 25 °C (41-77 °F) this product will be stable for at least 24 months. Storage outside the above specified temperature range for long periods may adversely affect the product over a long period and should thus be avoided, if possible. It is recommended that stock solutions at 0.25 - 0.5% are prepared regularly and for maximum effect such solutions should be used within 5 days. Beyond this period some loss in efficiency of the product may occur. TI/EV/WN Rev. 03 February 2013 Page 2 of 2 Zetag 8190 Packaging 25 kg Polybag 700 kg Small Tay Bag 907 kg Large Tay Bag Shipping and Handling As with all cationic polyelectrolyte polymers this product exhibits toxicity towards fish. It is important that precautions are taken where the product may come into direct contact with fresh water courses, streams and rivers. Corrosion towards most standard materials of construction is very low. Stainless steel, fiberglass, polyethylene, polypropylene and epoxy coated surfaces are recommended. In some cases aluminum surfaces can be adversely affected. Spilled product is slippery underfoot, very slippery when wet. Information on the shipping and handling of this product can be found in the relevant MSDS. Disposal of product must comply with all national, state and local laws. Health and Safety Detailed information on this product can be found in the relevant Material Safety Data Sheet(MSDS). Technical Service BASF sales representatives and field service technicians are available to give advice and assistance in the running of laboratory tests and machine trials to select the correct product and determine the best application conditions. Note The data contained in this publication is based on our current knowledge and experience. In view of the many factors that may affect processing and application of our product, this data does not relieve processors from carrying out their own investigations and tests; neither does this data imply any guarantee of certain properties, nor the suitability of the product for a specific purpose. Any descriptions, drawings, photographs, data, proportions, weights etc. given herein may change without prior information and do not constitute the agreed contractual quality of the product. It is the responsibility of the recipient of our products to ensure that any proprietary rights and existing laws and legislation are observed. February 2013 BASF Corporation 100 Park Avenue Florham Park, NJ 07932-0685 Responsible Care Water Solutions Good ChemiWyo Wok Product Specification Quality Management We create chemistry Global Water Solutions Valid since: Sep 13, 2017 Printed: Jan 4, 2019 ZETAG 8190 PRD number: 30477019 Version of Specification: General Customer Test Property Unit Specification 'Test Method PRODUCT COLOUR (S) WHITE/OFF WHITE APPEARANCE (S) POWDER CHARACTERISTIC (S) FREE FLOWING SOLUBILITY 6-9 Visual solb @ 2 HR [VISCOSITY cps >=34 11% CS, 130/s @ 25 deg C RESIDUAL ACM % 0-0.0850 UV detector, — wavelength 210nm Results with'S'are statistically tested! Note The aforementioned data shall constitute the agreed contractual quality of the product at the time of passing of risk.The data are controlled at regular intervals as part of our quality assurance program.Neither these data nor the properties of product specimens shall imply any legally binding guarantee of certain properties or of fitness for a specific purpose.No liability of ours can be derived therefrom.This is a computer generated document.It is valid without signature. Registered Trademark of BASF Corporation or BASF SE TM'=Trademark of BASF Corporation or BASF SE North America South America Europe,Middle East,Africa Asia Pacific BASF Corporation BASF S.A. BASF SE BASF East Asia Regional HQ Ltd. Water Solutions Water Solutions Water Solutions,G-EVG/S Water Solutions 100 Park Avenue Av das Napoes Unidas, 14.171 Carl-Bosch-Strasse 38 45th floor Jardine House,No.1 Florham Park 10°Andar,Morumbi 67056 Ludwigshafen, Connaught Palace,Central, NJ 07932,USA 04794-000 Sao Paulo,Brasil Germany Hong Kong Tel. +1 (800)322 3885 Tel. +55 11 2039 2366 Tel.:+49 621 60 0 Tel:+852 2731 0111 Fax:+49 621 60 42525 Fax:+825 2731 5633 water.solutions@basf.com www.watersolutions.basf.com BASF We create chemistry Safety Data Sheet Zetag® 8167 Revision date:2018/07/26 Page: 1/10 Version:4.0 (10973123/SDS_GEN_US/EN) 1. Identification Product identifier used on the label Zetag® 8167 Recommended use of the chemical and restriction on use Recommended use*:flocculation agent The"Recommended use"identified for this product is provided solely to comply with a Federal requirement and is not part of the seller's published specification.The terms of this Safety Data Sheet(SDS)do not create or infer any warranty,express or implied,including by incorporation into or reference in the seller's sales agreement. Details of the supplier of the safety data sheet Company: BASF CORPORATION 100 Park Avenue Florham Park, NJ 07932, USA Telephone: +1 973 245-6000 Emergency telephone number C H E MTREC: 1-800-424-9300 BASF HOTLINE: 1-800-832-HELP(4357) Other means of identification Chemical family: polyacrylamide,cationic 2. Hazards Identification According to Regulation 2012 OSHA Hazard Communication Standard; 29 CFR Part 1910.1200 Classification of the product No need for classification according to GHS criteria for this product. Label elements The product does not require a hazard warning label in accordance with GHS criteria. Hazards not otherwise classified Safety Data Sheet Zetag® 8167 Revision date:2018/07/26 Page:2/10 Version:4.0 (10973123/SDS_GEN_US/EN) Very slippery when wet. This type of product has a tendency to create dust if roughly handled. The product does not burn readily but as with many organic powders,flammable dust clouds may be formed in air. The product is under certain conditions capable of dust explosion. Labeling of special preparations (GHS): This product is not combustible in the form in which it is shipped by the manufacturer, but may form a combustible dust through downstream activities(e.g.grinding, pulverizing)that reduce its particle size. 3. Composition / Information on Ingredients According to Regulation 2012 OSHA Hazard Communication Standard;29 CFR Part 1910.1200 CAS Number Weight% Chemical name 124-04-9 1.0- 5.0% adipic acid 4. First-Aid Measures Description of first aid measures General advice: Remove contaminated clothing. If inhaled: Keep patient calm, remove to fresh air, seek medical attention. If on skin: Wash thoroughly with soap and water. If irritation develops,seek medical attention. If in eyes: Wash affected eyes for at least 15 minutes under running water with eyelids held open. Seek medical attention. If swallowed: Rinse mouth and then drink plenty of water. Do not induce vomiting. Immediate medical attention required. Most important symptoms and effects, both acute and delayed Symptoms: No significant symptoms are expected due to the non-classification of the product. Hazards: No hazard is expected under intended use and appropriate handling. Indication of any immediate medical attention and special treatment needed Note to physician Treatment: Treat according to symptoms(decontamination,vital functions), no known specific antidote. Safety Data Sheet Zetag® 8167 Revision date:2018/07/26 Page: 3/10 Version:4.0 (10973123/SDS GEN_US/EN) 5. Fire-Fighting Measures Extinguishing media Suitable extinguishing media: dry powder,foam Unsuitable extinguishing media for safety reasons: water jet, carbon dioxide Additional information: If water is used, restrict pedestrian and vehicular traffic in areas where slip hazard may exist. Special hazards arising from the substance or mixture Hazards during fire-fighting: carbon oxides, nitrogen oxides The substances/groups of substances mentioned can be released in case of fire.Very slippery when wet. Advice for fire-fighters Protective equipment for fire-fighting: Wear a self-contained breathing apparatus. Further information: The degree of risk is governed by the burning substance and the fire conditions. Contaminated extinguishing water must be disposed of in accordance with official regulations. Dusty conditions may ignite explosively in the presence of an ignition source causing flash fire. 6. Accidental release measures Further accidental release measures: Avoid dispersal of dust in the air(i.e.,clearing dust surfaces with compressed air). Avoid the formation and build-up of dust-danger of dust explosion. Dust in sufficient concentration can result in an explosive mixture in air. Handle to minimize dusting and eliminate open flame and other sources of ignition. Forms slippery surfaces with water. Personal precautions, protective equipment and emergency procedures Use personal protective clothing. Environmental precautions Do not discharge into drains/surface waters/groundwater. Methods and material for containment and cleaning up For small amounts: Pick up with suitable appliance and dispose of. For large amounts: Contain with dust binding material and dispose of. Avoid raising dust. Nonsparking tools should be used. 7. Handling and Storage Precautions for safe handling Safety Data Sheet Zetag® 8167 Revision date : 2018/07/26 Page:4/10 Version:4.0 (10973123/SDS_GEN_US/EN) Breathing must be protected when large quantities are decanted without local exhaust ventilation. Handle in accordance with good industrial hygiene and safety practice. Forms slippery surfaces with water. Protection against fire and explosion: Avoid dust formation. Dust in sufficient concentration can result in an explosive mixture in air. Handle to minimize dusting and eliminate open flame and other sources of ignition. Routine housekeeping should be instituted to ensure that dusts do not accumulate on surfaces. Dry powders can build static electricity charges when subjected to the friction of transfer and mixing operations. Provide adequate precautions, such as electrical grounding and bonding,or inert atmospheres. Refer to NFPA 654, Standard for the Prevention of Fire and Dust Explosions from the Manufacturing, Processing, and Handling of Combustible Particulate Solids(2013 Edition)for safe handling. Conditions for safe storage, including any incompatibilities The product in undamaged packing need not be stored separately. Further information on storage conditions: Store in unopened original containers in a cool and dry place.Avoid wet,damp or humid conditions,temperature extremes and ignition sources. Storage stability: Avoid extreme heat. Protect from temperatures below:-20°C Protect from temperatures above: 50°C 8. Exposure Controls/Personal Protection Components with occupational exposure limits adipic acid ACGIH TLV TWA value 5 mg/m3 ; Advice on system design: It is recommended that all dust control equipment such as local exhaust ventilation and material transport systems involved in handling of this product contain explosion relief vents or an explosion suppression system or an oxygen deficient environment. Ensure that dust-handling systems(such as exhaust ducts, dust collectors,vessels,and processing equipment)are designed in a manner to prevent the escape of dust into the work area(i.e.,there is no leakage from the equipment). Use only appropriately classified electrical equipment and powered industrial trucks. Personal protective equipment Respiratory protection: Wear a NIOSH-certified(or equivalent)organic vapour/particulate respirator. Hand protection: Chemical resistant protective gloves Eye protection: Safety glasses with side-shields. Body protection: No body protection required if used for intended purpose and satisfying generally accepted industrial hygiene rules. Safety Data Sheet Zetag® 8167 Revision date: 2018/07/26 Page: 5/10 Version:4.0 (10973123/SDS GEN US/EN) General safety and hygiene measures: Wear protective clothing as necessary to minimize contact. Handle in accordance with good industrial hygiene and safety practice. No eating,drinking,smoking or tobacco use at the place of work. 9. Physical and Chemical Properties Form: amorphous powder Odour: almost odourless Odour threshold: No data available. Colour: off-white pH value: 4.6 (1 %(m), 25°C) Melting point: >250°C (capilliary tube method) Boiling point: not applicable Sublimation point: No data available. Flash point: not applicable Flammability: not highly flammable Lower explosion limit: For solids not relevant for classification and labelling. Upper explosion limit: For solids not relevant for classification and labelling. Autoignition: No data available. Vapour pressure: The product has not been tested. Relative density: No data available. Bulk density: 700 kg/m3 Vapour density: No data available. Partitioning coefficient n- Study scientifically not justified. octanol/water(log Pow): Self-ignition not self-igniting temperature: Thermal decomposition: No decomposition if stored and handled as prescribed/indicated. Viscosity,dynamic: not determined Solubility in water: > 10 g/I readily soluble Solubility(quantitative): No data available. Solubility(qualitative): soluble solvent(s): polar solvents, Evaporation rate: The product is a non-volatile solid. Other Information: If necessary, information on other physical and chemical parameters is indicated in this section. 10. Stability and Reactivity Reactivity No hazardous reactions if stored and handled as prescribed/indicated. Corrosion to metals: No corrosive effect on metal. Oxidizing properties: not fire-propagating Chemical stability Safety Data Sheet Zetag® 8167 Revision date : 2018/07/26 Page:6/10 Version:4.0 (10973123/SDS_GEN_US/EN) The product is stable if stored and handled as prescribed/indicated. Possibility of hazardous reactions The product is not a dust explosion risk as supplied; however the build-up of fine dust can lead to a risk of dust explosions. Conditions to avoid Avoid extreme temperatures.Avoid humidity. Avoid electro-static discharge.Avoid dust formation. Incompatible materials strong acids,strong bases, strong oxidizing agents Hazardous decomposition products Decomposition products: Hazardous decomposition products: No hazardous decomposition products if stored and handled as prescribed/indicated. Thermal decomposition: No decomposition if stored and handled as prescribed/indicated. 11. Toxicological information Primary routes of exposure Routes of entry for solids and liquids are ingestion and inhalation, but may include eye or skin contact. Routes of entry for gases include inhalation and eye contact. Skin contact may be a route of entry for liquefied gases. Acute Toxicity/Effects Acute toxicity Assessment of acute toxicity:Virtually nontoxic after a single ingestion. Oral Type of value: LD50 Species:rat Value: >5,000 mg/kg (OECD Guideline 401) Irritation/corrosion Assessment of irritating effects: Not irritating to eyes and skin. Skin Species: rabbit Result: non-irritant Method: OECD Guideline 404 Eve Species: rabbit Result: non-irritant Sensitization Assessment of sensitization: Based on the ingredients, there is no suspicion of a skin-sensitizing potential. Aspiration Hazard Safety Data Sheet Zetag® 8167 Revision date :2018/07/26 Page:7/10 Version:4.0 (10973123/SDS_GEN_US/EN) No aspiration hazard expected. Chronic Toxicity/Effects Repeated dose toxicity Assessment of repeated dose toxicity: Based on our experience and the information available, no adverse health effects are expected if handled as recommended with suitable precautions for designated uses.The product has not been tested.The statement has been derived from the properties of the individual components. Genetic toxicity Assessment of mutagenicity Based on the ingredients,there is no suspicion of a mutagenic effect. Carcinogenicity Assessment of carcinogenicity:The whole of the information assessable provides no indication of a carcinogenic effect. Reproductive toxicity Assessment of reproduction toxicity: Based on the ingredients,there is no suspicion of a toxic effect on reproduction. Teratoqenicity Assessment of teratogenicity: No teratogenic effects reported. Other Information The product has not been tested.The statements on toxicology have been derived from products of a similar structure and composition. Symptoms of Exposure No significant symptoms are expected due to the non-classification of the product. 12. Ecological Information Toxicity Aquatic toxicity Assessment of aquatic toxicity: Acute effects on aquatic organisms are due to the cationic charge of the polymer,which is quickly neutralised in natural water courses by irreversible adsorption onto particles, hydrolysis and dissolved organic carbon. Fish toxicity and aquatic toxicity are drastically reduced by rapid irreversible adsorption onto suspended and/or dissolved organic matter.The hydrolysis products are not acutely harmful to aquatic organisms.Tested was a substance with a high cationic charge density.As the acute effects are associated with the charge density,substances with a lower charge density are expected to have a lower toxicity. Toxicity to fish LC50(96 h) 1 - 10 mg/I, Fish (static) Aquatic invertebrates EC50(48 h) 10- 100 mg/I,daphnia Persistence and degradability Assessment biodegradation and elimination (H2O) Not readily biodegradable(by OECD criteria). Safety Data Sheet Zetag® 8167 Revision date:2018/07/26 Page: 8/10 Version:4.0 (10973123/SDS_GEN_US/EN) Information on Stability in Water(Hydrolysis) >70%(28 d) (pH value>6) In contact with water the substance will hydrolyse rapidly. Bioaccumulative potential Assessment bioaccumulation potential Based on its structural properties,the polymer is not biologically available.Accumulation in organisms is not to be expected. Mobility in soil Assessment transport between environmental compartments Information on:cationic polyacrylamide Adsorption to solid soil phase is expected. Additional information Other ecotoxicological advice: Must not be discharged into the environment.The product has not been tested. The statement has been derived from substances/products of a similar structure or composition. 13. Disposal considerations Waste disposal of substance: Dispose of in accordance with national,state and local regulations. Container disposal: Dispose of in a licensed facility. Recommend crushing, puncturing or other means to prevent unauthorized use of used containers. 14. Transport Information Land transport USDOT Not classified as a dangerous good under transport regulations Sea transport IMDG Not classified as a dangerous good under transport regulations Air transport IATA/ICAO Not classified as a dangerous good under transport regulations 15. Regulatory Information Federal Regulations Safety Data Sheet Zetag® 8167 Revision date:2018/07/26 Page:9/10 Version:4.0 (10973123/SDS_GEN_US/EN) Registration status: Chemical TSCA, US released/listed EPCRA 311/312(Hazard categories): Refer to SDS section 2 for GHS hazard classes applicable for this product. State regulations State RTK CAS Number Chemical name NJ 124-04-9 adipic acid PA 124-04-9 adipic acid Safe Drinking Water&Toxic Enforcement Act, CA Prop.65: WARNING:This product can expose you to chemicals including ACRYLAMIDE,which is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov. NFPA Hazard codes: Health: 1 Fire: 1 Reactivity: 0 Special: HMIS III rating Health: 1 Flammability: 1 Physical hazard:0(Essentially no hazard) 16. Other Information SDS Prepared by: BASF NA Product Regulations SDS Prepared on: 2018/07/26 We support worldwide Responsible Care®initiatives.We value the health and safety of our employees,customers, suppliers and neighbors, and the protection of the environment. Our commitment to Responsible Care is integral to conducting our business and operating our facilities in a safe and environmentally responsible fashion, supporting our customers and suppliers in ensuring the safe and environmentally sound handling of our products,and minimizing the impact of our operations on society and the environment during production, storage,transport, use and disposal of our products. Zetag®8167 is a registered trademark of BASF Corporation or BASF SE IMPORTANT:WHILE THE DESCRIPTIONS, DESIGNS, DATA AND INFORMATION CONTAINED HEREIN ARE PRESENTED IN GOOD FAITH AND BELIEVED TO BE ACCURATE , IT IS PROVIDED FOR YOUR GUIDANCE ONLY. BECAUSE MANY FACTORS MAY AFFECT PROCESSING OR APPLICATION/USE,WE RECOMMEND THAT YOU MAKE TESTS TO DETERMINE THE SUITABILITY OF A PRODUCT FOR YOUR PARTICULAR PURPOSE PRIOR TO USE. NO WARRANTIES OF ANY KIND,EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,ARE MADE REGARDING PRODUCTS DESCRIBED OR DESIGNS, DATA OR INFORMATION SET FORTH, OR THAT THE PRODUCTS, DESIGNS, DATA OR INFORMATION MAY BE USED WITHOUT INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS. IN NO CASE SHALL THE DESCRIPTIONS, INFORMATION, DATA OR DESIGNS PROVIDED BE CONSIDERED A PART OF OUR TERMS AND CONDITIONS OF SALE. FURTHER,YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE DESCRIPTIONS, DESIGNS, DATA,AND INFORMATION Safety Data Sheet Zetag® 8167 Revision date :2018/07/26 Page: 10/10 Version:4.0 (10973123/SDS_G EN_US/E N) FURNISHED BY OUR COMPANY HEREUNDER ARE GIVEN GRATIS AND WE ASSUME NO OBLIGATION OR LIABILITY FOR THE DESCRIPTION, DESIGNS, DATA AND INFORMATION GIVEN OR RESULTS OBTAINED,ALL SUCH BEING GIVEN AND ACCEPTED AT YOUR RISK. END OF DATA SHEET Techni.t,.s: - .. 11.4 Zetag"? 818 D ' BASF Ultra-nigh molecular we q#'It cationic : occLr. We create chemistry • Description Ultra-high molecular weight polyacrylamide based flocculent,supplied as a free flowing powder. Chemical Structure Co-polymer of acrylamide and quaternized cationic monomer. Principal Use Flocculent for conditioning a variety of municipal and industrial substrates prior to mechanical or static solid/liquid separation. Zetag®8167 is ideal for demanding applications that require a market-leading low residual acrylamide content. Zetag®8167 is"Generally Recognized As Safe" (GRAS)for use in processing recycled food solids for animal feed. When utilized in the solids recovery process, the maximum use level of Zetag®8167, is 1% by weight of dry recovered solids. The maximum level of recovered solids in the final animal feed product is 30%. Benefits Highly effective across a wide range of applications(e.g.mechanical dewatering and thickening,flotation and clarification) and a wide pH range(4-9). Typical Properties Appearance Off-white powder Bulk density Approx. 0.7 g/cm3 pH of 1 %solution at 25°C Approx. 3.6-4.6 Residual acrylamide < 1,000 ppm Recommended Zetag®8167 solution concentrations of 0.1 —0.3 % maximum should be used due to the high viscosity of the make-up solutions. Solution concentrations in excess of 0.3% should only be considered with polymer preparation systems that provide sufficient mixing and polymer aging times. For best results, the solution should be used within 5 days to avoid any potential loss in product performance. Cationic charge 60 Wt% Molecular weight Ultra High 0.25% 400 Apparent Viscosity 0.50% 900 (cP)at 25°C 1.00% 2,600 EVS-NA0020-DTS 2/17 Page 1 of 2 February 2017 Water Solutions Zetag®8167 Technical Information Storage Under normal storage conditions within the range 0-35°C,the product is stable for at least 24 months.Storage outside the above specified temperature range for long periods may adversely affect the product and should thus be avoided. Shipping & Handling As with all cationic polyelectrolytes the product exhibits toxicity towards fish. It is important that precautions are taken where the product may come into direct contact with fresh water sources, including streams and rivers. Corrosion towards most standard materials of construction is very low. Stainless steel, fiberglass, polyethylene, polypropylene and rubberized surfaces are recommended. In some cases aluminum surfaces can be adversely affected. Packaging details are available on request from your local sales representative. Product is very slippery when wet. Please refer to the relevant Safety Data Sheet(SDS)for methods of removing the polymer. Technical Service Local sales representatives and field service technicians are available to give advice and assistance in the running of laboratory tests and machine trials to select the correct product and determine the optimum application conditions. Health &Safety Detailed information on the product described in this document can be found in the relevant Safety Data Sheet(SDS). Contact For further information please contact your regional office,details of which can be obtained on our website; http://www.watersolutions.basf.com Note The data contained in this publication are based on our current knowledge and experience. In view of the many factors that may affect processing and application of our product,these data do not relieve processors from carrying out their own investigations and tests;neither do these data imply any guarantee of certain properties,nor the suitability of the product for a specific purpose.Any descriptions,drawings, photographs,data, proportions,weights etc. given herein may change without prior information and do not constitute the agreed contractual quality of the product. It is the responsibility of the recipient of our products to ensure that any proprietary rights and existing laws and legislation are observed. North America South America Europe Asia Pacific BASF Corporation BASF S.A. BASF SE BASF East Asia Regional Headquarters Ltd. 100 Park Avenue Av da Ncoes Unidas,14.171 10°Andar, Performance Chemicals—Water Solutions 45th floor Jardine House No.1 Connaught Florham Park,NJ 07932,USA Morumbi Cad-Bosch-Strafe 38 Place Central,Hong Kong 04794 000 Sao Paulo,Brazil 67056 Ludwigshafen,Germany Phone:+1(800)322 3885 Tel.:+852 2731 0111 E-mail:water.solufons.na@basf.com Phone:+55 11 2039-2366 Tel.:+49 621 60-0 Fax:+852 2731 5633 www.watersolutions.basf.com E-mast:water.solutions.sa@basf.com Fax:+49 621 60-42525 E-mail:performchem-asia@basf.com www.watersolutions.basf.com E-mail:water.solulons@basf.com www.watersolutions.basf.com www.watersolutions.basf.com ®=registered trademark of BASF EVS-NA0020-DTS 2/17 Page 2 of 2 February 2017 0 ■ BASF Product Specification Quality Management We create chemistry Global Water Solutions Valid since: Nov 24, 2016 Printed: Jan 4, 2019 Zetag 8167 PRD number: 30570105 Version of Specification: General Customer [TestProperty _ _ Unit I Specification iTest Method PRODUCT COLOUR (S) ' WHITE/OFF WHITE APPEARANCE (S) POWDER CHARACTERISTIC (S)(S) FREE FLOWING SOLUBILITY 6-9 -~-Visual soib @ 2 HR RESIDUAL ACRYLAMIDE % I <=0.0999 UV detector, i wavelength 210nm VISCOSITY -4, cps I 118-171 1%CS, 50/S @ 25°C Results with'S'are statistically tested! Note The aforementioned data shall constitute the agreed contractual quality of the product at the time of passing of risk.The data are controlled at regular intervals as part of our quality assurance program.Neither these data nor the properties of product specimens shall imply any legally binding guarantee of certain properties or of fitness for a specific purpose.No liability of ours can be derived therefrom.This is a computer generated document.It is valid without signature. ®=Registered Trademark of BASF Corporation or BASF SE T"=Trademark of BASF Corporation or BASF SE North America South America Europe,Middle East,Africa Asia Pacific BASF Corporation BASF S.A. BASF SE BASF East Asia Regional HQ Ltd. Water Solutions Water Solutions Water Solutions,G-EVG/S Water Solutions 100 Park Avenue Av.das Nasoes Unidas, 14.171 Carl-Bosch-Strasse 38 45th floor Jardine House,No.1 Florham Park 10°Andar,Morumbi 67056 Ludwigshafen, Connaught Palace,Central. NJ 07932,USA 04794-000 Sao Paulo,Brasil Germany Hong Kong Tel.:+1(800)322 3885 Tel.:+55 11 2039 2366 Tel.:+49 621 60 0 Tel.:+852 2731 0111 Fax:+49 621 60 42525 Fax:+825 2731 5633 water.solutions@basf.com www.watersol utions.basf.com 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 6.F. For Meeting of: April 16, 2019 ITEM TITLE: Resolution authorizing award of Bid 11834 and execution of an agreement with Solenis (formerly BASF Corp), to purchase cationic polymer flocculant SUBMITTED BY: Susan Knotts, Buyer II, 509-575-6095 SUMMARY EXPLANATION: The Wastewater Treatment Plant is recommending award to Solenis since they submitted the lowest responsive bid that met efficiency testing requirements. This Bid was advertised in the Yakima Herald Republic, online via the City of Yakima Website, and nationally through the City's e-Procurement System PublicPurchase.com, as well as by personal invitation to all known vendors on the City of Yakima vendor list. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL: Yes Public Safety City Manager STAFF RECOMMENDATION: Adopt Resolution BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description C resolution d 1 n�ard Upload Date 4/4/2019 ackup uen s - oendation of 3/2120 34 Aereeent 3/20I201 Type o r eo ackup Material ontract Recommendation of Award Date: 03/ 12/ 2019 To: Susan Knotts, Buyer II From: Daryl Bullard, Wastewater Treatment Plant Process Control Supervisor Subject: Recommendations of Award for Bid No: 11834 Cationic Polymer Flocculant I recommend award for the following reasons: Item # Vendor Item Description Reason BASF Cationic Polymer Flocculant Met the efficiency requirement for solids capture. ------------------------- Division Manager/ Date D • . artrnent Manager/ Director Date 4 memo To: Cliff Moore, City Manager From: Susan Knotts, Buyer II cc: Date: March 18, 2019 Re: Award of Bid 11830 Please approve award of Bid 11834 — Cationic Polymer Flocculant, by signing the attached Bid Tabulation The department is recommending award to BASF Corporation, based on theirs being the lowest responsive Bid received from a responsible Bidder meeting the efficiency requirements. This Bid was advertisement in the Yakima Herald Republic, online via the City of Yakima Website, and nationally through PublicPurchase.com as well as by personal invitation to all known vendors on the City of Yakima vendor list. You can reach me at the number below should you have any questions. Thank you! Susan Knotts CPPO, CPPB Buyer II, Purchasing Division Susan Knotts 575-6095 Susan.KnottsYakimaWA.Gov Bid Tabulation Project: Cationic Polumer Flocculent Bid Opening: January 7, 2019 @ 11:00 AM Project No.: 11834 Contract Term: 5 Yrs Project Manager: Daryl Bullard AWARD AND REASON THEREFORE: I recommend award to BASF Corporation because they are the lowest responsive and responsible Bidder meeting the efficiency requirements. Item Item Description Cationic Ploymer Flocculant: High to medium charge, non -dusting powder furnished, per buyer, in 700 KG (1,600 Ib.) Tay bags/sacks or 25 KG (55 Ib.) bags. CRY Unit 65,000 Pounds Manufacturer of Products: Packaging Proposed Minimum Order Quanitiy: Subtotal: 8.2 % MST:, GRAND TOTAL: Payment Discount / Terms Delivery Time: Discount off other items not specifically listed: Comments: BASF Corporation Unit Price $1.770 Total Price $115,050.00 BASF Corporation 25kg (55 Ib.) bags 700kg (1600 lb.) super sacks 180 - 23kg bags 6 - 700kg super sacks $115,050.00 $9,434.10 $124,484.10 N/A 3-5 Days ARO N/A Polydyne Inc. Bid #1 Unit Price $2.030 Total Price $131,950.00 Clarifloc WE-1889 Polydyne Inc. 55 Ib. bags Ib. bags 40 - 55 Ib. bags 1 - 1650 Ib. bag $131,950.00 $10,819.90 $142,769.90 0% / Net 30 10 Days ARO 0% *Polydyne is the manufacturer of Clarifloc WE-1889. *tay bags will be 1,6500 Ib. 1650 VENDORS Polydyne Inc. Bid #2 Unit Price $2.250 Total Price $146,250.00 Clarifloc WE-1888 Polydyne Inc. 55 Ib. bags 1650 fb. bags 40 - 55 Ib. bags 1 - 1650 lb. bag $146,250.00 $11,992.50 $158,242.50 0% / Net 30 10 Days ARO 0% *Polydyne is the manufacturer of Clarifloc WE-1888. *tay bags will be 1,6500 Ib. Solenis LLC. Unit Price $1.91 Total Price $124,150.00 Solenis LLC. 1379 lb. sack 1 - 1379 Ib sack - 50 lb. bags $124,150.00 $10,180.30 $134,330.30 0% / Net 30 10 Days ARO 15% 40 Univar USA Inc. Unit Price NO Total Price Bid $0.00 $0.00 $0.00 January 2019 Polymer Testing 11 2 6 Sample Date 1/24 1/24 1/24 3/5 3/5 Feed Polymer Gal gals 21795.' 21210- 21500 905 1190 1200 I 14220 0 14165 14760 15090 Feed Percent Volatile ((Ye) 75,3 75.4 75.5 75,5 75.4 75.7 Cake Total Solids (9/) 18.3 18.2 19.3 19.6 18.8 19.7 Centrate TSS (1118/14 790 519 107 170 411 186 Total Total Biosoilds Centrate dewatered dewatered 1.292 , 1.305 1.348 0.072 0.015 0.037 Net biosolids Pounds dewatered polymer used LBS/DT 1,221 1.290 1.312 37.74 33.36 49.62 50.04 30.918 Ran ou 38.455 311.151 y Cost / Ib end of test Cost / DT = = ' 0.988 0.973 S 1.77 I;91„], 62.76 PolyDyne Clarifloc 1889 Trial 1 PolyDyne Clarifloc 1889 Trial 2 %Remaining centrifuge run BASF Zetag BASF Solenis Praestol 858 Remaining centrifuge run 68.07 72.87, BID CONTRACT AMENDMENT NO. 1 BID CONTRACT: City of Yakima Bid 11 834 Cationic Polymer Flocculant. DESCRIPTION: Price Increase CONTRACTOR. Solenis ' AMENDMENT: Price increase from S1.77 a pound to S 1.82 a pound DOLLAR AMOUNT OF MODIFICATION: S3,250.00 annually. .ADDITIONAL INFORMATION: Contract Amendment to take effect on April 17, 2021, in which pricing will remain firm for at least 363 days. This bid was awarded to BASF Corporation/Solenis LL.0 on April 17, 2019. This is a five year contract ending on April 16, 2024. .AL I"HOR1ZAT10N• Please sec the attached price increase request form Solenis with corresponding PPI reports and approval from Mike Price, Waste Water Manager. l- DATED this 1 �"1lday oftYCh 2021. 12.(34 r- J3j rrison._ _...�_. `3c c 't �C �1GL, �1 C -t C;i -Lko fl CU LC“fr-- CITY CONTRACT NO: 20 ! ( r `m - 0 ?I "". Q RESOLUTION NO: , `- Aal Q -0 'I 3 • sOLQnis_ Strong Dells. Trusted solutions. solenis.com February 24, 2021 Mr Cliff Moore, City Manager City of Yakima City Hall — 1" Floor 129 North Second Street Yakima, WA 98901 Re: Bid / Contract 11834 — Cationic Polymer Flocculant Dear Mr Moore, Solenis would like to request a price increase for our polymer which we supply to the City of Yakima under the agreement listed above We are requesting a price increase to offset the cost increases that we have experienced since this time last year Polymer is an oil -based product and oil costs are climbing steeply which has caused other polymer manufacturers to raise pricing also This has significantly impacted freight costs as well We are including some supporting documentation as justification for our request. Our current price is $ 1.771 Ib We are requesting a 3% price increase to $1.82 / Ib. effective April 17 2021 Thank you for your consideration in this matter Sincerely, cr ,, .e. <o Eft ,, Christopher Kollman Municipal Business Manager Cc: Yakima Purchasing Department Susan Knolls susan.knotts(vakimawa.gov ,EEC; ,532 SCE. `c Solenis LLC • 2475 Pinnacle Drive • Wilmington, DE • 19803 • solenis.com Bureau of Labor Statistics PPI Industry Data Original Data Value Series Id: PCU48412-48412- Series Title: PPI industry data for General freight trucking, long - Industry: General freight trucking, long-distance Product: General freight trucking, long-distance Base Date: 200312 Years: 2011 to 2021 Year !2011 12012 112013 12014 2015 12016 12017 '2018 2019 2020 2021 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 121 3 122.6 123.9 126.0 127 1 126.4 126.3 126.4 127 6 127.8 128.7 128.6 129 4 129 9 132.0 132.5 132.3 131.3 131 6 133 1 134.3 134.2 133.8 134 1 133.5 134 1 135.0 134 0 134.0 134.9 134.7 135.0 134.8 135 1 135.1 135.6 135.8 135.9 136.6 138.3 139.2 139.4 139.5 139.7 138.8 138.1 138.1 138 0 135.9 134 7 135.2 134.6 135.5 135.6 135.4 134.5 134.2 133.6 135.0 134.5 134.2 134 1 133.9 134 7 134.1 134.2 134.5 134.5 134 3 135.9 136.3 136.7 137 1 137 4 137 0 137.2 137.3 137 4 137.9 139.2 140.7 140.7 142.5 143.9 145.0 146,0 146.0 146.4 147.8 149.8 150.9 151 4 152.4 153.7 163.9 153.8 154.5 153.7 153.1 r 151.6 153.0 153 4 152.1 152.2 151 9 152.1 155.0 154.5 153.3 152.4 150 7 148.5 145.6 148.0 150.6 151 7 153 1 154.2 157 7 161.0 164 1 151 �C - i 6tr. <12�? .CS2_<x10C Source. Bureau of Labor Statistics Generated on: February 24, 2021 (02:44:34 PM) PPI Industry Data Original Data Value Series Id: Series Title: Industry: Product: Base Date: Years: Year Bureau of Labor Statistics PC U3241-3241- PPI industry group data for Petroleum and coal products Petroleum and coal products mfg Petroleum and coal products mfg 198412 2011 to 2021 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 321 1 371 1 355.1 350.1 218.3 167 9 210.7 254 5 226.5 236.1 230.9 335.4 377.5 382.2 357.3 224 3 1544 213.6 258.2 235.3 220.2 371 4 401.2 372.3 363.6 236.9 161 5 214 8 255.2 254 9 190 5 393.8 403.5 365.9 369.3 231.8 172.0 220.1 266.3 270.3 127 1 409.3 387 6 364 9 364.8 256.8 186.4 214 9 284.3 268.8 135 3 - C9 = C:770, • 1459 X c C, E. / 396.5 366.7 362.8 363.1 258.8 199.8 212.7 289.5 247 4 166.1 396.1 357 3 363.0 361 1 256.0 197 3 211 7 290.8 250.9 188.4 379.6 380.8 372.0 360.3 241 3 188.9 222.4 291 4 242.0 192.8 385 7 401 1 370.0 353 0 215.2 194.9 238.8 293.7 236 6 187.5 368.9 391 5 359.6 325.6 209.8 200.8 237.5 303.5 241.2 190.1 372.6 360 0 346.5 304.8 202.8 195.7 247 7 280.9 238.1 192.5 362.4 352.1 348.5 265 1 183.6 200.1 248.5 245.0 237.7 212.6 Source: Bureau of Labor Statistics Generated on: February 24, 2021 (02:54.35 PM) BID CONTRACT AMENDMENT NO. 2 BID CONTRACT: Bid 11834 Cationic Polymer Flocculant DESCRIPTION: Price Increase CONTRACTOR: Solenis,LLC. AMENDMENT: Price increase from S 1.82 per pound to 2.06 per pound which is an overall increase of 13.19% DOLLAR AMOUNT OF MODIFICATION: S 15,600 Estimated yearly increase before tax. CONDITIONS: This price increase will take effect July 30, 2023. During the contract period and any renewals thereof,any price declines at manufacturer's level shall be reflected in a reduction of contract price to the City,retroactive to the date they were effective to the bidder. Any invoice that is sent to the City with pricing above that specified by an official written change issued by the Buyer shall be invalid. All other parts of this Contract will remain the same. ADDITIONAL INFORMATION: This bid was awarded to BASF Corporation/Solenis LLC on April 17, 2019. This is a five year contract ending on April 16, 2024. AUTHORIZATION: Please see attached revised tabulation for Bid 11834 Cationic Polymer Flocculant. DATED this 19th day of July , 2023. CITY OF YAKEMA SOLENIS,LLC. y 4 d�1Z VI,/yoa-3 Wendy S. Mueller Mike Price,Wastewater Manager Date Print f 9 - 7/19/2023 '1 1 313 4't/ ��:� Robert Harrison,City Manager .�y Date Signet Date c' CITY CONTRACT NO' ?DP d &-1- wed a, RESOLUTION NO. Q.'(/M re.01'3 Bid 11834 Contract Amendment No.2 Page 1 of 1 Extension of City Contract No. 2019-061 For Bid 11834 Cationic Polymer Flocculent This Extension of the existing Contract No. 2019-061 entitled "Bid 11834 Cationic Polymer Flocculant and entered into on April 17, 2019 (hereafter the "Contract") with Solenis LLC. (hereafter"Contractor") is between the City of Yakima (hereafter the "City") and Contractor. Whereas, the City entered into City Contract No. 2019-061 per Resolution R-2019-043 with Contractor for the purpose of Cationic Polymer Flocculant; and Whereas, the original term of said Contract, including extensions thereunder, currently terminates on April 16, 2024; and Whereas, a new bid process for Cationic Polymer Flocculant is currently in process and award will not be made prior to the expiration of the current contract; and Whereas, the parties want the existing contract to remain in effect while the new bid process is completed, and a new contract is signed; and Now, therefore, the City and Contractor agree to the following extension of the existing Contract, under the conditions set forth: The term of Contract No. 2019-061 is hereby extended for 122 days from April 16, 2024 through September 16, 2024, or until a new Contract is executed, whichever comes first, at which time Contract No. 2019-061 shall terminate, unless sooner terminated by either party in accordance with the terms of the Contract. Except as expressly modified herein, all other terms and conditions of the above- referenced Contract No. 2019-061 between the City of Yakima and Solenis LLC. shall remain in full force and effect. CITY OF YAKIMA SOLENIS LLC. By. By: Mil L City M dyer Namndy S. Mueller � 11 II -�1 Titleonal Pricing Director , Date: � ...n Y_I I `c) f Date: April 3,2024 ATTEST: it/", h " SEAL *� *_ rs City Clerk I*, �a\ s' Contract No. 019-061 E(+ I RESOLUTION NO:4 ?'A9- y3 1