HomeMy WebLinkAboutInland Environmental Resources - Agreement Bid 12228 Magnesium Hydroxide AGREEMENT
CITY OF YAKIMA
BID 12228
MAGNESIUM HYDROXIDE
THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal
corporation ("City"), and Inland Enviromental Resources, Inc., ("Contractor").
WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as
follows:
1. Statement of Work
The Contractor shall perform all work and service(s)and furnish all tools, materials, labor and equipment(collectively
referred to as "Services") according to the procedure outlined in Bid 12228 Magnesium Hydroxide Specifications
which are attached as Exhibit A, and the most recent edition of the ANSI/AWWA and ASTM 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.
Product will be delivered within 2 days after receipt of order,FOB Destination,City of Yakima Wastewater Treatment
Plant at 2220 East Viola,Yakima,WA. 98901
The Contractor shall provide and bear the expense of all equipment;work and labor of any sort whatsoever that may
be required for the transfer of materials and completing the work provided for in this Contract and every part thereof,
except such as are mentioned in the specifications to be furnished by the City of Yakima.
2. Compensation
The City agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated herein, which Exhibit
includes the deliverables and payment schedule of itemized prices as listed in the Contractor's Bid submittal at the
time and in the manner and upon the conditions provided for the Contract.
3. Contract Term
The period of this Contract shall be for a period of one (1) year from its effective date. The City may, at its option,
extend the Contract on a year to year basis for up to four(4)additional years. Contract extensions shall be automatic,
and shall go into effect without written confirmation, unless the City provides advance notice of the intention to not
renew or unless the Services have been completed to the City's satisfaction prior to any automatic renewal.
4. Agency Relationship between City and Contractor
Contractor shall, at all times, be an independent Contractor and not an agent or representative of City with regard to
performance of the Services.Contractor shall not represent that it is, or hold itself out as,an agent or representative of
City. In no event shall Contractor be authorized to enter into any agreement or undertaking for, or on, behalf of City.
5. Successors and Assigns
a. Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties, or interests
accruing from this Contract without the prior written consent of the other.
b. The Contractor for 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.
6. Property Rights
All records or papers of any sort relating to the City and to the project will at all times be the property of the City and
shall be surrendered to the City upon demand. All information concerning the City and said project which is not
otherwise a matter of public record or required by law to be made public, is confidential, and the Contractor will not, in
whole or part, now or at any time disclose that information without the express written consent of the City.
I
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7. Inspection and Production of Records
a. The records relating to the Services shall, at all times, be subject to inspection by and with the approval
of the City, but the making of(or failure or delay in making)such inspection or approval shall not relieve
Contractor of responsibility for performance of the Services in accordance with this Contract,
notwithstanding the City's knowledge of defective or non-complying performance, its substantiality or the
ease of its discovery. Contractor shall provide the City sufficient, safe, and proper facilities, and/or send
copies of the requested documents to the City. Contractor's records relating to the Services will be
provided to the City upon the City's request.
b. Contractor shall promptly furnish the City with such information and records which are related to the
Services of this Contract as may be requested by the City. Until the expiration of six(6) years after final
payment of the compensation payable under this Contract, or for a longer period if required by law or by
the Washington Secretary of State's record retention schedule, Contractor shall retain and provide the
City access to (and the City shall have the right to examine, audit and copy) all of Contractor's books,
documents, papers and records which are related to the Services performed by Contractor under this
Contract.
c. All records relating to Contractor's services under this Contract must be made available to the City, and
the records relating to the Services are City of Yakima records. They must be produced to third parties,
if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All
records relating to Contractor's services under this Contract must be retained by Contractor for the
minimum period of time required pursuant to the Washington Secretary of State's records retention
schedule.
d. The terms of this section shall survive any expiration or termination of this Contract.
8. Work Made for Hire
All work the Contractor performs under this Contract shall be considered work made for hire, and shall be the property
of the City. The City shall own any and all data,documents, plans,copyrights,specifications,working papers, and any
other materials the Contractor produces in connection with this Contract.On completion or termination of the Contract,
the Contractor shall deliver these materials to the City.
9. Guarantee
Contractor warrants the Services will be free from defects in material and workmanship.
10. Compliance with Law
Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all
applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body,
whether federal, state, local, or otherwise. Contractor shall procure and have all applicable and necessary permits,
licenses and approvals of any federal, state, and local government or governmental authority or this project, pay all
charges and fees, and give all notices necessary and incidental to the due and lawful execution of the work.
a. Procurement of a City Business License. Contractor must procure a City of Yakima Business License
and pay all charges, fees, and taxes associated with said license.
b. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration
number, as required in Title 85 RCW.
c. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number.
Contractor must have a current UBI number and not be disqualified from bidding on any public works
contract under RCW 39.06.010 or 39.12.065(3).
d. Contractor must provide proof of a valid Washington Employment Security Department number as
required by Title 50 RCW.
e. Foreign(Non-Washington)Corporations: Although the City does not require foreign corporate proposers
to qualify in the City, County or State prior to submitting a proposal, it is specifically understood and
agreed that any such corporation will promptly take all necessary measures to become authorized to
conduct business in the City of Yakima at their own expense,without regard to whether such corporation
is actually awarded the contract,and in the event that the award is made,prior to conducting any business
in the City.
11. Nondiscrimination Provision
During the performance of this Contract,the Contractor agrees as follows:
The Contractor shall not discriminate against any person on the grounds of race, creed,color, religion, national origin,
sex, age, marital status,sexual orientation,gender identity, pregnancy, veteran's status, political affiliation or belief, or
the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against
Discrimination (RCW chapter 49.60)or the Americans with Disabilities Act(42 USC 12101 et seq.).
This provision shall include but not be limited to the following:employment, upgrading,demotion,transfer, recruitment,
advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision
of Services under this Agreement.
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.
12. Pay Transparency Nondiscrimination Provision:
The Contractor will not discharge or in any other manner discriminate against employees or applicants because they
have inquired about, discussed, or disclosed their own pay or the pay of another employee or applicant. However,
employees who have access to the compensation information of other employees or applicants as a part of their
essential job functions cannot disclose the pay of other employees or applicants to individuals who do not otherwise
have access to compensation information, unless the disclosure is(a) in response to a formal complaint or charge, (b)
in furtherance of an investigation, proceeding,hearing,or action,including an investigation conducted by the employer,
or(c)consistent with the contractor's legal duty to furnish information.
13. Indemnification and Hold Harmless
a. Contractor shall take all necessary precautions in performing the Services to prevent injury to
persons or property. The Contractor agrees to release, indemnify, defend, and hold harmless the
City, its elected and appointed officials, officers, employees, agents, representatives, insurers,
attorneys, and volunteers from all liabilities, losses, damages, and expenses related to all claims,
suits, arbitration actions, investigations, and regulatory or other governmental proceedings arising
from or in connection with this Agreement or the acts, failures to act, errors or omissions of the
Contractor,or any Contractor's agent or subcontractor, in performance of this Agreement,except for
claims caused by the City's sole negligence. The City's right to indemnification includes attorney's
fees costs associated with establishing the right to indemnification hereunder in favor of the City.
b. Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor
waives any immunity that may be granted to it under the Washington State industrial insurance act,
Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not
be limited in any way by any limitation on the amount of damages,compensation or benefits payable
to or by any third party under workers'compensation acts,disability benefit acts or any other benefits
acts or programs. Contractor shall require that its subcontractors, and anyone directly or indirectly
employed or hired by Contractor, and anyone for whose acts Contractor may be liable in connection
with its performance of this Agreement,comply with the terms of this paragraph,waive any immunity
granted under Title 51 RCW, and assume all potential liability for actions brought by their respective
employees. The Parties acknowledge that they have mutually negotiated this waiver.
c. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then,in the event of liability for damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent negligence of the Contractor and the City,the Contractor's
liability, including the duty and cost to defend, shall be only to the extent of the Contractor's
negligence.
d. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of
indemnification in any third party.
e. The terms of this Section shall survive any expiration or termination of this Contract.
14. Contractor's Liability Insurance
At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect
insurance to protect the City and Contractor from and against any and all claims, damages, losses, and expenses
arising out of or resulting from the performance of this Contract.
Contractor shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The
City reserves the right to require higher limits should it deem it necessary in the best interest of the public.
Contractor shall provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and
outlined herein. A copy of the additional insured endorsement attached to the policy shall be included with the
certificate. This Certificate of insurance shall be provided to the City, prior to commencement of work.
Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify
a deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation
to maintain such insurance.
The following insurance is required:
a. Commercial Liability Insurance
Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of
insurance and additional insured endorsements as proof of commercial liability insurance with a minimum
liability limit of Two Million Dollars($2,000,000.00)per occurrence,combined single limit bodily injury and
property damage, and Two Million Dollars ($2,000,000.00) general aggregate. If Contractor carries
higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and
the City, its elected and appointed officials,employees,agents, attorneys and volunteers shall be named
as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the
coverage amount, the policy number, and when the policy and provisions provided are in effect. Said
policy shall be in effect for the duration of this Contract. The certificate of insurance and additional insured
endorsements shall name the City of Yakima, its elected and appointed officials, employees, agents,
attorneys and volunteers as additional insureds,and shall contain a clause that the insurer will not cancel
or change the insurance without first giving the City prior written notice. The insurance shall be with an
insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of
Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of
insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the
liabilities or obligations assumed by Contractor under this contract.
b. Automobile Liability Insurance
Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of
insurance as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars
($2,000,000.00) per occurrence. If Contractor carries higher coverage limits, such limits shall be shown
on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials,
employees,agents,attorneys and volunteers shall be named as additional insureds for such higher limits.
The certificate shall clearly state who the provider is,the coverage amount,the policy number,and when
the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this
Contract. The certificate of insurance and additional insured endorsements shall name the City of
Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional
insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first
giving the City prior written notice. The insurance shall be with an insurance company or companies
rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements
contained herein,as well as City of Yakima's review or acceptance of insurance maintained by Contractor
is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by
Contractor under this contract. The business auto liability shall include Hired and Non-Owned coverage
if necessary.
c. Employer's Liability(Stop Gap)
Contractor and all subcontractor(s) shall at all times comply with all applicable workers' compensation,
occupational disease,and occupational health and safety laws,statutes,and regulations to the full extent
applicable, and shall 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.
d. Business Auto Policy(BAP)
In the event that services delivered pursuant to this project involve the use of vehicles, or the
transportation of clients, automobile liability insurance shall be required. The coverage provided shall
protect against claims for bodily injury,including illness,disease and death;and property damage caused
by an occurrence arising out of or in consequence of the performance of this service by the Vendor,sub-
vendor, or anyone employed by either.
Vendor shall maintain business auto liability and, if necessary, commercial umbrella liability insurance
with a combined single limit not less than $1,000,000 per occurrence. The business auto liability shall
include Hired and Non-Owned coverage.
e. Pollution Liability Coverage
At least as broad as that provided under ISO Pollution Liability-Broadened Coverage for Covered Autos
Endorsement CA 99 48 shall be provided and the Motor Carrier Act Endorsement (MCS 90) shall be
attached and required after award and must cover all vehicles to be used with this Project
Commercial General Liability: Combined Single Limit: $2,000,000 Per Occurrence
$2,000,000 Annual Aggregate
Automobile Liability $2,000,000 Per Occurrence
Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under
this Contract. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of
the Contractor's insurance and neither the City nor its insurance providers shall contribute to any settlements,defense
costs, or other payments made by Contractor's insurance.
If at any time during the life of the Contract,or any extension, Contractor fails to maintain the required insurance in full
force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required
insurance may be sufficient cause for the City to terminate the Contract.
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 12228 Magnesium Hydroxide 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
Termination for Cause
In the event the Contractor breaches this Contract, the City may terminate the Contract at its sole discretion in such
event that it provides the Contractor with written notice of Contractor's breach and the Contractor fails to cure its breach
within 30 days of this notice.
In the event of the City breaches this Contract,the Contractor may terminate the Contract at its sole discretion in such
event that it provides the City with written notice of City's breach and the City fails to cure its breach of the Contract
within 60 days of this notice.
The following represents a non-exclusive, illustrative list of instances that shall be considered a breach by the
Contractor:
a. Defaults on an obligation under the Contract;
b. Fails to perform any material obligation required under the Contract;
c. Files a petition in bankruptcy,becomes insolvent,or otherwise takes action to dissolve as a legal
entity;
d. Allows any final judgment not to be satisfied or a lien not to be disputed after a legally-imposed,
30-day notice;
e. Makes an assignment for the benefit of creditors;
f. Fails to follow the sales and use tax certification requirements of the State of Washington;
g. Incurs a delinquent Washington tax liability;
h. Becomes a State or Federally debarred Contractor;
i. Is excluded from federal procurement and non-procurement Contracts;
j. Fails to maintain and keep in force all required insurance, permits and licenses as provided in
the Contract;
k. Fails to maintain the confidentiality of the City information that is considered to be Confidential
Information, proprietary, or containing Personally Identifiable Information;
I. Contractor performance threatens the health or safety of a City, County or municipal employee;
or
Termination for Convenience
The City may terminate the Contract, without cause, by providing 30 days written notice of termination.
In the event of termination for convenience,the Contractor shall be entitled to receive compensation for any fees owed
under the Contract. The Contractor shall also be compensated for partially completed services. In this event,
compensation for such partially completed services shall be no more than the percentage of completion of the services
requested, at the sole discretion of the City, multiplied by the corresponding payment for completion of such services
as set forth in the Contract.Alternatively, at the sole discretion of the City,the Contractor may be compensated for the
actual service hours provided. The City shall be entitled to a refund for goods or services paid for but not received or
implemented, such refund to be paid within 30 days of written notice to the Contractor requesting the refund.
Change in Funding
In addition to the above termination provisions, if the funds upon which the City relied to establish this Contract are
withdrawn, reduced,or limited,or if additional or modified conditions are placed on such funding,the City may terminate
this Contract by providing at least five business days written notice to the Contractor. The termination shall be effective
on the date specified in the notice of termination.
18. Dispute Resolution
In the event that any dispute shall arise as to the interpretation of this agreement, or in the event of a notice of default
as to whether such default does constitute a breach of the contract, and if the parties hereto cannot mutually settle
such differences,then the parties shall first pursue mediation as a means to resolve the dispute. If the afore mentioned
methods are either not successful then any dispute relating to this Agreement shall be decided in the courts of Yakima
County, in accordance with the laws of Washington. If both parties consent in writing,other available means of dispute
resolution may be implemented.
19. Re-Award
When the contract is terminated by the Contractor upon providing the written notice as herein required, the City,
pursuant to City ordinance, may re-award the contract to the next most responsible Proposer within 120 days from
original award.
When a Contractor is unable to supply goods and/or services to the City and is in breach of the contract, or when the
contract is terminated by the City for cause as herein provided, the City reserves the right to re-award the contract to
the next most responsible Proposer within 120 days from original award.
20. Force Majeure
Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics/pandemics, war,
riot,delay in transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of
such pending or actual delay. Normally, in the event or any such delays(acts or God, etc.)the date of delivery will be
extended for a period equal to the time lost due to the reason for delay.
21. Governing Law
This Contract shall be governed by and construed in accordance with the laws of the State of Washington.
22. Venue
The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competent jurisdiction in
Yakima County,Washington.
23. Authority
The person executing this Contract,on behalf of Contractor,represents and warrants that 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.
24. Notice of Change in Financial Condition
If, during the Contract Term, the Contractor experiences a change in its financial condition that may affect its ability to
perform under the Contract,or experiences a change of ownership or control,the Contractor shall immediately notify the
City in writing. Failure to notify the City of such a change in financial condition or change of ownership or control shall be
sufficient grounds for Contract termination.
25. Change or Notice
Any alterations, including changes to the nature of the service, made to the Contract shall be rendered in writing and
signed by both responsible parties; no changes without such signed documentation shall be valid. No alterations
outside of the general scope and intent of the original Request for Proposals or in excess of allowable and accepted
price changes shall be made. In no event shall the Contractor be paid or be entitled to payment for services that are
not authorized herein or any properly executed amendment.
Notice of Business Changes: Contractor shall notify the City in writing within three(3) business days of any change in
ownership of the facilities of the Contractor or of the facilities of any subcontractor. The Contractor shall notify the City
in writing as soon as possible, and in no event later than three(3) business days, after any decision by the Contractor
to change or discontinue service that will affect services provided to the City under this Contract.
The City shall have the right to renegotiate the terms and conditions of this Contract to the extent required to
accommodate a change in governing law or policy that, in the sole discretion of the City, either substantially and
unreasonably enlarges the Contractor's duties hereunder, or renders performance, enforcement or compliance with
the totality of the Contract impossible,patently unreasonable,or unnecessary. Notices and demands under and related
to this Contract shall be in writing and sent to the parties at their addresses as follows:
TO CITY: COPY TO: Inland Enviromental Resources,Inc.:
Mike Price Susan Knotts Doug Kelley
Wastewater Manager Buyer II President
City of Yakima City of Yakima Inland Enviromental Resources,Inc.
2220 East Viola 129 North 2nd Street 1717 S.Rustle St.,Suite 104
Yakima,WA.98901 Yakima,WA.98901 Spokane,WA.99224
26. Survival
The foregoing sections of this Contract, 1-26 inclusive, shall survive the expiration or termination of this Contract in
accordance with their terms.
IN WITNESS WHEREOF,the parties hereto execute this Contract as of the day and year first above written.
CITY OF YAKIMA I INLAND ENVIROMENTAL RESOURCES,INC.
By: LL9, /6 : L
City Manager c�
Date: q tb(?oz 7i Date: / /'/z Z
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. (Print name)
City Clerk }c p ' I :OF
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CITY CONTRACT
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RESOLUTION NO: nick
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AGREEEMENT EXHIBIT A
SPECIFICATIONS
City of Yakima
NOTICE TO BIDDERS
BID 12228
Notice is hereby given by the undersigned that electronic sealed Bids will be
accepted via PublicPurchase.com until the hour of 11:00:0o AM PST on August
26, 2022. 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: Magnesium Hydroxide
Instructions to register with PublicPurchase.com are available at
www.yakimawa.gov/services/purchasing.
The City of Yakima reserves the right to reject any & all BIDs. The City hereby
notifies all Bidders that it will affirmatively ensure compliance with WA State
Law Against Discrimination (RCW chapter 49.60) & the Americans with
Disabilities Act(42 USC 12101 et set.)
Dated August 10, 2022. Publish on August 10, & August 12, 2022.
Susan Knotts, CPPO,CPPB, NIGP-CPP
Buyer II
12228 Magnesium Hydroxide-WWTP Page 1 of 28
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iiiCITY OF YAKIMA INVITATION TO BID 12228
j vSIGNATURE SHEET
THIS IS NOT AN ORDER
BID Release Date:August 10. 2022
Bid Receipt:
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
1;11► \RF ()NI.1 RI-.(TIN Fl) F11R()1 (,II 1'1.HI.1( PI R('HASF.('()
Purchasing For: Buyer in charge of this procurement(Contact for further information):
City of Yakima Wastewater Treatment Plant Susan Knotts. CPPO. CPPB, NIGP-CPP
2220 E. Viola Buyer II
Yakima, WA 98901
Bids Must be completely uploaded by Phone E-Mail Address
August 26, 2022, at 11:00:0o AM PST (509) 575-6095 : usan.Knnotts@YakiinaWA.Gov
Puhhc Opening 171
PROJECT DESCRIPTION SUMMARY
Magnesium Hydroxide
Enter Prompt Payment Discount: % net _days Well will complete delivery within 2 days after receipt of
order.
Delivery Details: FOB Destination, Freight Prepaid. Inside Delivery required
AI 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
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Signature f Above Date Email Address
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12228 Magnesium Hydroxide -WWTP Page 2 of 28
Invitation to Bid#12228
Contents
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. More or Less 6
8. Published List Prices 6
9. DeliveryCompletion 6
10. Delivery Acceptance 6
11. Delivery of Unapproved Substitutions 6
12. Unsatisfactory Product 6
13. Penalty 6
14. Contract Term 7
15. Pricing and Discount 7
16. Price Clarifications 7
17. Price Increases 7
18. Price Decreases 8
19. Expansion Clause 8
20. Warranty 8
21. Warranty Coverage 8
22. Permits 9
23. Regulations and Codes 9
24. Hazardous Materials 9
25. Prompt Payment 9
26. Payments 9
27. Payment Method-Credit Card Acceptance 9
28. Acceptance of Terms 9
29. Sales Tax 9
30. Tax Revenues 10
31. Clarifications and/or Revisions to Specification and Requirements 10
32. Incurring Costs 10
33. No Obligation to Contract 10
34. Retention of Rights 10
12228 Magnesium Hydroxide - VVWTP Page 3 of 28
35. Points Not Addressed 10
36. Other City Departments/Like Items Added 10
37. Materials Bought from Different Supplier 10
38. Re-Award 11
39. Errors and Omissions 11
40. Changes 11
III. PREPARING AND SUBMITTING A BID 11
1. General Instructions 11
2. Submitting a Bid 11
3. Prohibition of Bidder Terms & Conditions 12
4. Multiple Bids 12
5. Withdrawal of Bids 12
IV. BIDDERS CHECKLIST 12
V. EVALUATION AND CONTRACT AWARD 12
1. Bid Evaluation 12
2. Offer in Effect for Ninety (90) Days 12
3. Protest Procedure 12
VI. TECHNICAL SPECIFICATIONS 13
1. Product Detail 13
2. Quality Certificates 14
3. Load Analysis 14
4. Grab Analysis 14
VII. BID FORM 16
VIII. VENDOR QUESTIONNAIRE 17
IX. SAFETY QUESTIONNAIRE 18
X. SAMPLE CONTRACT 19
XI. SAMPLE CERTIFICATE OF INSURANCE AND ADDITIONAL INSURED ENDORSEMENT 27
12228 Magnesium Hydroxide - WWTP Page 4 of 28
INVITATION TO BID # 12228
Magnesium Hydroxide
II. GENERAL INFORMATION
1. Purpose
It is the intent and purpose of these specifications to describe Magnesium Hydroxide in sufficient detail to
secure bids on comparable units, equipment parts and material. All parts, which are necessary in order to
provide a complete unit, ready for operation, shall be included in the bid and shall conform in strength, quality
of workmanship and material to that which is usually provided the trade in general. Any variance from the
specifications or standards of quality must be clearly pointed out in writing by the Bidder.
2. Contracting Agency and Point of Contact
This BID is issued by the City of Yakima Purchasing Division. The person responsible for managing this BID
process from beginning to end is the Buyer listed on page 2 of this solicitation. From the date of release of this
BID until a Contract is issued, all contacts (pertaining to this solicitation) with City's employees, and other
personnel performing official business for the City regarding this BID shall be made through the Buyer listed on
page 2. Contact with other City personnel regarding this BID is not permitted during the procurement process
and violation of these conditions may be considered sufficient cause for rejection of a Bid and disqualification of
the Bidder.
3. New and Unused
All units, equipment, parts and material shall be new, unused, manufacturer's current model year and in current
production. All materials shall have physical and chemical properties to withstand the intended purpose.
Equipment design shall have sufficient excess capacity for durability and safety.
4. Best Modern Practices
All work, including design, shall be performed and completed in accordance with the best modern practices,
further, no detail necessary for safe and regular operation shall be omitted, although specific mention thereof
may not be made in these specifications.
5. Equal/Approved Equal
These specifications are intended to be precise where a specific make, model or trade name is requested.
Whenever a make, model or trade name is used, it shall be that or equal, or approved equal. Equal or approved
equal means that the make, model or trade name will be given consideration if they fulfill the same
performance requirements. The City reserves the right to make the decision on acceptability. Each bidder shall
clearly identify make, model or trade name of equipment 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 Magnesium Hydroxide 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.
12228 Magnesium Hydroxide -WWTP Page 5 of 28
7. 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.
8. Published List Prices
If applicable, a copy of your published list prices shall be included in the Bid package. Each Bidder shall bid a
percentage discount based on this published list in the space provided on the Price/Cost Sheet.
It is understood that the discount quoted on this Bid shall be based on the attached published list price and
these shall be the prices paid during the life of the contract.
9. Delivery/Completion
Each bidder is required to list on the Bid form the number of calendar days he/she expects delivery to be made
at the destination, in terms of time interval, following placement of order. Time of delivery is important and will
be considered in the evaluation of the Bids. Failure to include a specific number of calendar days may be
sufficient grounds for resection of Bid.
10. Delivery Acceptance
Delivery of Magnesium Hydroxide will be accepted by the City of Yakima FOB Destination and transferred to the
storage tank at Yakima Wastewater Treatment Plant, 2220 East Viola, Yakima,WA. 98901, between the hours of
7:30 a.m. and 2:30 p.m. Monday through Friday, as ordered and ready for regular and safe operation. Deliveries
made outside these hours may be arranged occasionally on a case by case basis; notification must be at least 48
hours prior to delivery. Method and equipment for delivery shall be compatible with the treatment plant site
and with receiving and storage equipment available at the site. All Vendors will be held responsible to comply
with the established receiving program. It is recommended that all bidders visit the facility to understand the
basis for the delivery, the schedule, and equipment required for delivery.
11. Delivery of Unapproved Substitutions
Contractors are authorized to ship only those items ordered covered by the contract. If a review of orders
placed by the City reveals that an item other than those covered by and specified in the contract have been
ordered and delivered, the Purchasing Manager will take such steps as are necessary to have the item(s)
returned to the Contractor at no cost to the City regardless of the time elapsed between the date of delivery and
discovery of the violation. Violation of this clause may result in the removal of the offending Contractor's name
from the City bid/quote list for a period of up to three(3)years.
12. Unsatisfactory Product
If the successful Bidder's product is unsatisfactory, but was inadvertently placed into the facilities system prior
to rejection and subsequently causes physical damage or extra cleanup labor, the City will be reimbursed for any
associated costs, and at the City's option a new Vendor will be used. Any equipment damage, down time, labor
charges, fines, or any other costs caused by material and/or product which does not meet specifications, will be
assumed by the Vendor.
13. Penalty
Upon delivery of non-conforming product, the Vendor will be penalized $500.00 per delivery. Two such non-
conforming deliveries will constitute breach of agreement by non-performance, and the City reserves the right
to cancel the Agreement. The Vendor will be liable for the cost difference to the City of purchasing the product
on the open market until such time as a new Bid is awarded, not to exceed 45 days.
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14. Contract Term
See Section 3 of Contract
The period of this contract shall be for a period of one year from its effective date. Contract may be extended
on the anniversary date for one (1) additional one(1)year periods, not to exceed five (5)years total.
15. Pricing and Discount
Pricing: Pricing shall be prepared with the following terms.
The successful Bidder shall provide and bear the expense of all equipment; work and labor of any sort
whatsoever that may be required for the transfer of materials/product and completing the work provided for in
this Bid and every part thereof, except such as are mentioned in the specifications to be furnished by the City of
Yakima.
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 (12) month
period of the contract.
Prices established in continuing agreements and term agreements may be lowered due to general market
conditions, but prices shall not be subject to increase for twelve (12) months from the date of award.
Discounts: The City qualifies for governmental discounts. Unit prices shall reflect these discounts.
16. Price Clarifications
The City reserves the right to clarify any pricing discrepancies related to assumptions on the part of Bidders.
Such clarifications will be solely to provide consistent assumptions from which an accurate cost comparison can
be achieved.
Unit prices shown on the Bid or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as stated on
the bid form. For any given item, the quantity multiplied by the unit price shall establish the extended price, the
unit price shall govern in the Bid evaluation and contract administration.
17. Price Increases
Requests for Rate Increases must be delivered to the Buyer listed on Page 2, in accordance with the rules below.
Any increase proposed shall be submitted to the Buyer listed on page 2, thirty (30) calendar days before the
proposed effective date of the price increase, and shall be limited to fully documented cost increases to the
Contractor which are demonstrated to be industry-wide. The conditions under which price increases may be
granted shall be expressed in Bid documents and contracts or agreements.
No other employee may accept a rate increase request on behalf of the City. Any invoice that is sent to the City
with pricing above that specified by the City in writing within this Contract or specified within an official written
change issued by Purchasing to this contract, shall be invalid. Payment of an erroneous invoice does not
constitute acceptance of the erroneous pricing, and the City would seek reimbursement of the overpayment or
would withhold such overpayment from future invoices.
A. Discount from Manufacturer List Pricing: For all contract items that are priced as a discount below
Manufacturer List prices, there shall be no changes to the discount rate throughout the life of the
contract. As manufacturer list prices change, the net price to the City will automatically change in
the same percentage as the discount rate to the City.
B. Fixed Product Pricing: For product and supply contracts that provide on-going, multiple year supply.
Original pricing shall be fixed and firm for the first year of the contract.
12228 Magnesium Hydroxide -WWTP Page 7 of 28
Price requests are at the discretion of the Purchasing Manager; and must also be:
a. The direct result of increases at the manufacturer's level (or if Bidder is a supplier of a
raw material delivered directly to the City such as brass, the increase must be verified
at the supplier level).
b. Incurred after contract commencement date.
c. Not produce a higher profit margin than that on the original contract.
d. Clearly identify the items impacted by the increase.
e. Be filed with Purchasing Manager a minimum of thirty (30) calendar days before the
effective date of proposed increase.
f. Be accompanied by detailed documentation acceptable to the Purchasing Manager
sufficient to warrant the increase.
g. Should not deviate from the original contract pricing scheme/methodology.
The United States published indices such as the Producer Price Index or other government data may be
referenced to help substantiate the Contractor's documentation. The PPI Commodity Data is available at
I:F_EiJ
The adjustment (if any) shall remain firm and fixed for at least 365 days after the effective date of the
adjustment.
18. 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.
19. 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.
20. Warranty
Unless otherwise specifically stated by the Bidder, any product, materials and labor provided shall carry
standard warranty coverage furnished by the trade in general. Warranty shall include all costs incurred,
including shipping, for repair or replacement except that which is damaged by misuse or abuse. This warranty
shall in no way affect normal extended or manufacturer's warranty exceeding this period. Contractor warrants
that all goods and services furnished under this Agreement are new, conform strictly to the specifications
herein, are merchantable, good workmanship, free from defect, comply with all applicable safety and health
standards established for such products, all goods are properly packaged, and all appropriate instructions or
warnings are supplied. If a defect is found, a component failure occurs, or workmanship is found to cause
failure, the Vendor shall replace the product at their own expense, including shipping charges. Any replacement
product will be warrantied for the standard warranty period from the date it is delivered. All implied and
expressed warranty provisions of the Uniform Commercial Code are incorporated into this Agreement.
Contractor further warrants that no violation of any federal, state or local law, statute, rule, regulation,
ordinance or order will result from the manufacturer, production, sale, shipment, installation or use of any other
goods. Contractor's warranties (and any more favorable warranties, service policies, or similar undertaking of
Contractor) shall survive delivery, inspection, and acceptance of the goods or services.
21. Warranty Coverage
Warranty coverage will not commence until the date the completed unit is put into service as reported by the
City; or thirty(30) days after final payment for the unit(s);whichever occurs first.
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22. Permits
All necessary permits required to perform work are to be supplied by the Contractor at no addition cost to the
City.
23. Regulations and Codes
To the extent applicable, all equipment or materials shall comply with Washington State vehicle regulations,
Federal regulations, OSHA and WISHA requirements,to include EPA standards and City safety codes.
The successful Bidder shall also take necessary steps to protect the Treatment Plants' staff and to promptly
notify the Treatment Plant staff of any emergencies during delivery/filling.
24. Hazardous Materials
If this order covers goods, products or materials which include hazardous chemicals, Vendor shall,at the time of
product delivery, provide the City with copies of Material Safety Data Sheets for such chemicals. These sheets
shall be in the form then required by applicable law or regulation. This requirement shall be in addition to
whatever other requirements are imposed by law or regulation.
25. Prompt Payment
Bidders are encouraged to offer a discount for prompt payment of invoice. Please indicate your discount
proposal on page 2 of this document. If awarded by the City, period of entitlement begins only after:
• Receipt of a properly completed invoice
• Receipt of all supplies,equipment or services ordered
• Satisfactory completion of all contractual requirements
26. Payments
Contractor is to submit properly completed invoice(s) to:
Address defined at time of order
To insure prompt payment each invoice should cite purchase order number, bid number, description of item
purchased, unit and total price, discount terms and include the Contractor's name and return remittance
address. Payment will be mailed within thirty (30) days of(a) the receipt and acceptance of the equipment, (b)
properly completed invoice,and (c) all papers required to be delivered with equipment.
27. Payment Method—Credit Card Acceptance
The City, in its sole discretion, will determine the method of payment for goods and/or services as part of this
agreement. The City's preferred method of payment is by procurement (credit) card. Respondents may be
required to have the capability of accepting the City's authorized procurement card as a method of payment.
No price changes or additional fee(s) may be assessed when accepting the procurement card as a form of
payment.
28. Acceptance of Terms
Acceptance of a City Purchase Order (PO) for any units affiliated with this purchase constitutes acceptance of,
and agreement with, all of the general and specific requirements and stipulations listed in this boiler plate, and
in the attached equipment specification(s); including all penalties mentioned.
29. Sales Tax
The City of Yakima's Sales Tax rate is currently 8.3%. However, the amount of sales tax will not be considered in
determining which bid is the lowest and best bid.
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30. Tax Revenues
RCW 39.30.040 allows the City to consider the tax revenue that is generated by a purchase of supplies,
materials, and equipment, including those from a local sales tax or from a gross receipts business and
occupation tax, it determining which bid in the lowest bid, after the tax revenue has been considered.
31. Clarifications and/or Revisions to Specification and Requirements
If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this
solicitation, the Bidder has a duty to immediately notify the Buyer of such concern and request modification or
clarification of the BID document.
Unless instructions are specifically provided elsewhere in this document, any questions, exceptions, or additions
concerning the subject matter of the BID document(s) shall not be considered unless submitted via e-mail (no
phone calls)to the Buyer listed on page 2, a minimum of five(5) business days prior to the submittal due date.
In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part
of this BID, supplements or revisions will be provided to all known Bidders in the form of an Addendum. All
Addenda are posted on www.yakimawa.gov/services/purchasing and sent directly to interested parties who
have registered (per instructions on website)for updates to this BID.
If any requirements of the BID are unacceptable to any prospective Bidder, they may choose not to submit a Bid.
32. Incurring Costs
The City is not liable for any cost incurred by a Bidder in the process of responding to this BID, including but not
limited to the cost of preparing and submitting a response, in the conduct of a presentation, in facilitating site
visits or any other activities related to responding to this BID.
33. No Obligation to Contract
This BID does not obligate the City to contract for service(s), or product(s) specified herein. City reserves the
right to cancel or reissue this BID in whole or in part, for any reason prior to the issuance of a Notice of Intent to
Award. The City does not guarantee to purchase any specific quantity or dollar amount. Bids that stipulate that
the City shall guarantee a specific quantity or dollar amount will be disqualified (e.g. "all-or-none".)
34. Retention of Rights
The City retains the right to accept or reject any or all Bids or accept any presented which meet or exceeds these
specifications, and which would be in the best interest of the City and will not necessarily be bound to accept
the low bid.
All Bids become the property of City upon receipt. All rights, title and interest in all materials and ideas prepared
by the Bidder for the Bid to City shall be the exclusive property of City and may be used by the City at its option.
35. Points Not Addressed
Bidders are encouraged to list any points not addressed in these specifications that they feel improve or
enhance the operation of their units.
36. Other City Departments/Like Items Added
At any time during the term of this contract, or any extension thereof, other City departments may be served
under these same terms and conditions. Additional like items may be added at the request of the Purchasing
Manager.
37. Materials Bought from Different Supplier
Should the Contractor be unable to or refuse to supply materials, on any given day, against this predetermined
delivery schedule to which the supplier has agreed and the City is forced to do the work with materials bought
12228 Magnesium Hydroxide- WWTP Page 10 of 28
from a different supplier, the difference in the Bid price of the materials and that paid the new supplier, in order
to do the work, shall be charged to and paid for by the Contractor holding the Bid award for these products.
Contractor shall not, however, be responsible for delays in delivery due to:
• Unavoidable mechanical breakdowns
• Strikes
• Inability to secure component materials
• Acts of God
• Fire
Provided the Buyer listed on Page 2 is notified in writing by the Contractor of such pending or actual delay. In
the event of any delay, the date of delivery shall be extended for a period equal to the time lost due to the
reason for the delay.
38. Re-Award
When the contract is terminated by the City or the Contractor upon providing the written notice as herein
required, the City, may re-award the contract to the next most responsible bidder. When a Vendor is unable to
supply goods and/or services to the City and is in breach of the agreement, or when the agreement is
terminated by the City for cause as herein provided, the City reserves the right to re-award the Bid to the next
most responsible Bidder.
39. Errors and Omissions
The City reserves the right to correct obvious ambiguities and errors in the Bidder's proposal and to waive non-
material irregularities and/or omissions. In this regard, if the unit price does not compute to the extended total
price,the unit price shall govern.
40. Changes
Any proposed change in this contract shall be submitted in writing to the Buyer listed on Page 2 for prior
approval. If approved, she will make the change by a contract modification that will become effective upon
execution by the parties hereto. Any oral statement or representation changing any of these terms or
conditions is specifically unauthorized and is not valid.
III. PREPARING AND SUBMITTING A BID
1. General Instructions
Failure to conform to the BID specifications and respond to each of the submittal requirements may be the basis
for rejection of a bid. Refer to Section IV Bidder's Checklist to ensure your Bid is responsive.
2. Submitting a Bid
Bids shall be completely uploaded into Public Purchase.com no later than the date and time listed on Page 2 of
this BID. Late Bids will not be accepted or evaluated. If you try to submit a Bid Late, the electronic system will
not receive it.
If City Hall is closed for business at the time scheduled for opening, for whatever reasons, Bidder's response will
be opened on the next business day of the City,at the originally scheduled hour.
Bidders must submit their bid electronically through PublicPurchase.com where they will be kept in an electronic
lockbox until date and time of opening. To register as a Vendor/Bidder with Public Purchase, go to
www.publicpurchase.coni or the City of Yakima website at www.YakiniWA.Gov/Services/Purchasing. The City
is not responsible for late bids due to operator error, electronic malfunction, system errors or interruptions
12228 Magnesium Hydroxide-WWTP Page 11 of 28
affecting the Public Purchase site and the processing of any bids. The Purchasing Manager reserves the right to
make exceptions for extenuating circumstances.
Bids are not considered to be confidential per Washington State Public Records Act (RCW 42.56 et seq.) All
sections of the response shall be made available to the public immediately after contract opening.
3. Prohibition of Bidder Terms &Conditions
A Bidder may not submit the Bidder's own contract terms and conditions in a response to this Invitation to Bid.
If a Bid contains such terms and conditions, the City, at its sole discretion, may determine the Bid to be a
nonresponsive counteroffer, and the Bid may be rejected.
4. Multiple Bids
Multiple Bids from a Bidder will be permissible; however, each Bid must conform fully to the requirements for
Bid submission. Each such Bid must be submitted separately and labeled as Bid#1, Bid#2, etc. on the first page
of their response.
5. Withdrawal of Bids
Bidders may withdraw or supplement their Bid at any time up to the bid closing date and time. If a previously
submitted bid is withdrawn before the bid due date and time, the Bidder may submit another Bid at any time up
to the bid closing date and time. After bid closing date and time, all submitted Bids shall be irrevocable until
contract award.
IV. BIDDERS CHECKLIST
1. Bidder must complete and upload, as part of their Bid submittal, all required forms listed below in accordance
with Section III - Preparing and Submitting a Bid
• Signature Page Page 2
• Technical Specification Analysis Page 15
• Bid Form Page 16
• Vendor Questionnaire Page 17
• Safety Questionnaire Page 18
V. EVALUATION AND CONTRACT AWARD
1. Bid Evaluation
The evaluation and selection of a Bidder will be based on the information submitted in the Bid. Award will be
made to a responsible Bidder with the lowest responsive Bid. Evaluation of Bids and determination of Bidder
responsibility shall be based on past experience with Bidder, proposed manufacturer's service availability, parts
availability, equipment design and functionalism, effect on productivity, and Bidder's supporting
documentation.
2. Offer in Effect for Ninety(90) Days
A Bid may not be modified, withdrawn or canceled by the Bidder for a ninety (90) day period following the
deadline for Bid due date, or receipt of best and final offer, if required, and Bidder so agrees by submittal of a
bid.
3. Protest Procedure
Any protest must be made in writing, signed by the protestor, and state that the Bidder is submitting a formal
protest. The protest shall be filed with the City of Yakima's Purchasing Manager at 129 No. 2nd St., Yakima, WA
12228 Magnesium Hydroxide - WWTP Page 12 of 28
98901, or b fax: 509-576-6394 or email to: r , : , ;,i 111i +;,,._ The protest shall clearly state the
specific factual and legal ground(s) for the protest, and a description of the relief or corrective action being
requested. Protests based on specifications/scope of work, or other terms in the BID shall be filed at least five
(5) calendar days before the solicitations due date, and protests based on award or after the award shall be filed
no more than five calendar (5) days after Award Announcement (see below for details).The following steps shall
be taken in an attempt to resolve the protest with the Bidder:
Step I. Purchasing Manager and Division Manager of solicitation try resolving matter with protester. All
available facts will be considered and the Purchasing Manager shall issue a written decision.
Step II. If unresolved, within three (3) business days after receipt of written decision, the protest may
be appealed to the Department Head by the Purchasing Manager.
Step Ill. If still unresolved, within three (3) business days after receipt of appeal response, the protest
may be appealed to the Executive. The Executive shall make a final determination in writing to the
Protester.
Award Announcement
Purchasing shall announce the successful Bidder via Website, e-mail, fax, regular mail, or by any other
appropriate means. Once the Award is released by Purchasing, the protest time frame begins. The timeframe is
not based upon when the bidder received the information, but rather when the announcement is issued by
Purchasing.
Award Regardless of Protest
When a written protest against making an award is received, the award shall not be made until the matter is
resolved, unless the City determines that one of the following applies:
• The supplies or services to be contracted for are urgently required;
• Delivery or performance will be unduly delayed by failure to make award promptly;
• A prompt award will otherwise be advantageous to the City.
If the award is made, regardless of a protest, the award must be documented in the file,explaining the basis for
the award. Written notice of the decision to proceed shall be sent to the protester and others who may be
concerned.
The City retains the right to enter into any contract and nothing herein shall be construed to limit that authority
in any manner.
4. Sample Contract and Terms and Conditions
The Sample Contract provided with this Bid Specification represents the terms and conditions which the City
expects to execute in a contract with the successful Bidder. Bidders must accept or submit point-by-point
exceptions along with proposed alternative or additional language for each point. The City may or may not
consider any of the Bidder's suggested revisions. Any changes or amendment to any of the Contract Terms and
Conditions will occur only if the change is in the best interest of the City.
VI. TECHNICAL SPECIFICATIONS
1. Product Detail
The Bidder must provide a detailed product specification and description of each major component showing the
content in ug/L of Arsenic, Cadmium, Copper, Lead, Mercury, Nickel, Silver and Zinc. Bidders are reminded to
provide point-by-point responses to all specifications. At a minimum, these descriptions shall take into
consideration the specifications outlined in this Technical Specifications section. 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".
12228 Magnesium Hydroxide-WWTP Page 13 of 28
2. Quality Certificates
Whenever the City of Yakima requests it, Vendor must provide a quality certificate showing total solids, specific
gravity, purity of Magnesium Oxide starting material and percent loss on ignition.
3. Load Analysis
Bidder shall provide an analysis with each load, showing the content of Mg(OH)2 in percent by dry weight, slurry
density (lbs./gal.) and slurry percent solids.
4. Grab Analysis
The awarded Vendor will be subject to grab analyses to determine consistent quality of the product. Grabs will
be taken by Plant Personnel at time of Magnesium Hydroxide delivery.
If the product differs from the specifications contained herein, these differences must be explained in detail.
5. Price Per Pound of Aqueous Slurry
Bid is to be given as price per pound of Magnesium Hydroxide slurry at a minimum dry solids concentration of
60% Mg(OH)2 by weight and at least 97%MgO by dry weight in an aqueous slurry.
6. Technical Specification Analysis Form
The Bidder must provide a detailed description of each major component of their proposed system. At a
minimum, these descriptions shall take into consideration the specifications outlined in this Technical
Specifications section. Bidders are reminded to provide point-by-point responses to all specifications. Any
additional work found necessary that is not specified in this Bid specification shall be listed on a separate sheet
entitled "Additional Materials/Labor Required".
The Bidder must complete the following Technical Specification Section using one of the following responses for
each of the specifications.
Y—Yes. The Bidder's proposed product currently satisfies the entire requirement and the
proposed system will completely support the requirement.
N—No. The Bidder's product does not currently satisfy the entire requirement, and the
Bidder's delivered product will not satisfy the requirement.
E—Explanation. The Bidder's product partially satisfies the requirement and an explanation is
included in the response.
MR— Modification Required. The Bidder's product does not currently satisfy the requirement, but the Bidder
commits that the delivered base product will satisfy the requirement at no
additional cost and shall be supported in future releases of the Bidder's base
products.
The following Technical Specifications Analysis shall be answered with a Y of N. Checking "NO" on any item will
not necessarily disallow a Bid. The City shall be the sole judge as to whether an exception is acceptable or not.
Bidders are encouraged to provide further detail where such detail might differentiate their products from those
of their competitors or where such detail might assist in analysis of the Bid. Technical Specification Analysis
shall be returned with the Bid Submittal. FAILURE TO DO SO WILL BE CAUSE FOR REJECTION OF SAID BID
SUBMITTAL.
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Magnesium Hydroxide Technical Specification Analysis
Item
Specification Yes No Comments
Magnesium Hydroxide Slurry:
Mg(OH)2 Slurry with dry solids concentration of U(J ❑
60% Mg(OH)2 by weight and at least 97%MgO by
dry weight,for pH control and adjustment.
Delivery
35,000 to 48,000 pounds of slurry per delivery. ❑
Original Product/Equipment Manufacturer:
State name(s) and address(s) of Original Manufacturer and distributors(if applicable)to be used in
the production and delivery of your product.
Name rr,, Address p ll-
14)16thr( EMd1rthM'1erl ' K�0 Y�cf 1Zl .r {J��Q St �� �c Y
kariC LI /4 q y
12228 Magnesium Hydroxide-WWTP Page 15 of 28
VII. BID FORM
INVITATION TO BID NO. 12228
TO BIDDER:
PLEASE BID YOUR LOWEST PRICE. BEST DELIVERY DATE AND PAYMENT DISCOUNT TERMS FOR THE FOLLOWING. THE
CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS AND TO ACCEPT ANY OR ALL ITEMS AT THE PRICE BID. THE
CITY INTENDS TO AWARD THIS CONTRACT WITHIN NINETY(90)CALENDAR DAYS.
Bid your lowest price for the following:
Item Description Qty. Price Total Price
No. Yearly Estimate Per Unit (without tax)
Magnesium Hydroxide Slurry 850,000
1' In 35,000 to 48,000 pound deliveries Pounds $ L2 $ ( �1
(Dry Weight)
SUB TOTAL $ ( `") ' (�
FREIGHT/SHIPPING: Wastewater Treatment Plant
F.O.B. DESTINATION 2220 East Viola
Uulr�crcling Included
c1 Yakima,WA.98901
WA STATE SALES TAX —Destination Based @8.3% $ /11 / � 0
TOTAL $ [ y // 0
LIST DISCOUNT OFFERED OFF LIST PRICE FOR ANY OTHER 0 %
ITEMS NOT SPECIFICALLY LISTED
12228 Magnesium Hydroxide - WWTP Page 16 of 28
VIII. VENDOR QUESTIONNAIRE
INSTRUCTIONS: Provide the requested information, sign and date. If the City requires further description,the City may
request Bidder to provide such information within a mandatory due date. You must submit this completed form to the
City as part of your Bid response. Failure to submit this form fully complete, may result in disqualification of Bid.
VENDOR INFORMATION
Vendor's Legal Name: 7'„ 'a.n,,( En t,I hle-n ( ku o4,o r Ce fit c_
Company's dba: (if applicable)
CEO/President
Name: QU 3, Jc'e
Business Federal
License No. 1— II41— UBI No. 6_63Lf14c/ 30 EIN No. ' 1 — / (gS0c ?3
Phone ( 60) 33 — 3 314 Toll Free Phone ( )
FAX (g 1� 3 31- 33 i f E-Mail Address d ke//��' ` ch /a-nde co)-►
Mailing Address ! / S' (04/
City /�o k dli< State t'�/7 Zip + 4 C Z z Lf
Physical Address LIS/ 0 6 (4d /V "et ai
City U1 S Cc.) State (,J '4 Zip +4 9 -3 d /
Name the person to contact for questions concerning this proposal. /
Name b 0 C� . IBC /I el, Title f res,Me4%11i/C z)
Phone (S4 1► 6 41 T 6 3 7- Toll Free Phone ( )
FAX ( ) E-Mail Address el k e//� (.a /si /ayl c/e .•
Mailing Address S4 r,� c of 1,c
City State Zip + 4
Physical Address S4 hi L( S• 6f Li v-Q_
City State Zip + 4
OWNERSHIP
Is your firm a subsidiary. parent, holding company, or affiliate of another firm? Yes: No:
Please explain: 2 if Gt W A 4) 1/• d„II 4.4A S I T 1l t) J Ch /��c' L M
tilt, A Li, .q CA-yet
12228 Magnesium Hydroxide-WWTP Page 17 of 28
IX. SAFETY QUESTIONNAIRE
You must fill out this questionnaire and submit it with your bid if you are offering a price on Magnesium Hydroxide.
Failure to complete the questionnaire may be sufficient grounds for rejection of Bid.
1. Is Magnesium Hydroxide shipped on radio-equipped trucks? Yes No
2. What safety equipment is carried on the delivery trucks?
A. i/C v.k}
B. Ci z ' if) 4- 5 1 ki5j-c
C. htt�-1 . J�� it�t
D. ,P6t.1 Cj, 8 C.V.
E. 11 4 i 7 4 fl s�
3. What is your unloading procedure (using the above listed safety equipment)?
Set cftinLIvJ
4. What emergency training will the drivers receive?
Name of Course: Number of Hours: Date of Training:
1. 4-Elr rah1(r^n. ( ��I2�>azvi
2. o f
3.
5. What procedures are proposed for emergencies during transport?
(I.e.Will local Fire Departments be notified of transport routes and times?)
1. / A
2.
3.
4.
6. Who in the supplier's organization do we contact in case of emergency?
-� ;, �►n C 7 L 't rz.M4A a l c���� �r s �' - 7 /0 - s y3S
(Name, Position, Phone number)
12228 Magnesium Hydroxide- WWTP Page 18 of 28
Tanker Delivery Procedure
This procedure is written for making a delivery of Magnesium Hydroxide using the tanker trailer.
1. Park tanker in desired customer location best for off-loading the product. Keep the truck
running in "neutral", set the truck parking breaks, and chock the wheels.
2. Driver wearing Hi-vis shirt/vest, long pants, safety boots, goggles, and hard hat.
3. Driver climbs ladder keeping 3-points of contact to open the lid on top of the tanker.
4. Open the door to the pump compartment.
5. Install adapter to the pump discharge line that reduces the discharge line from 3" to 2".
6. Connect the required number of 20 ft. hoses between the pump and the storage tank fill
line.
7. If the customer tank has a 3" fill line. need to install an adapter to increase from 2" line to
the 3" port (or simply use 3" hose throughout). To insure no spills occur, attach a cam-
lock retainer at each connection to ensure that every connection is properly secured for
off-loading.
8. Open all valves from the customer's storage tank back to the main pump valve, and, if
possible, get the customer's approval before beginning the transfer.
9. Obtain customer's confirmation that the storage tank has the capacity to hold the
ordered delivery volume.
10. Open the main tanker valve that feeds product to the pump.
11. Open the pump valve (immediately in front of the pump). Make sure that the air valve
(same location) is closed.
12. Turn ON the pump switch and set the choke to a higher setting. Set the idle to a lower
setting. Pull the cord to start the pump. Once started, turn the choke off. Give the
pump more throttle to increase the flow.
13. Once pump is pumping product, check all connections for leaks.
14. Once the level of product in the tanker is nearing the bottom of the tank, if there is a
water hose available and with the approval of the customer, rinse down the inside walls
of the tanker to ensure a complete delivery. NOTE: Don't use too much water in order
to avoid diluting the product or overfilling the customer's storage tank.
15. When tanker is empty reduce the pump RPM using the gas throttle.
16. Close the main valve to the tanker and then immediately turn OFF the pump.
17. Blow out the feed line with air while "walking" the hose from the pump to the storage
tank.
18. Close the valve on the storage tank and then immediately turn OFF the air.
19. Release the pressure on the transfer line by opening the air relief valve (recirculation
valve) in the tanker pump storage box.
20. Disconnect the hose first from the storage tank, and cap the end immediately - making
sure not to drip product. Then, cap all sections of hose back to the tanker.
21. Put away hoses so that all ends are capped.
22. Clean all drips/spills.
E 23. Close the door on the pump box and, using 3-points of contact, close the lid on top of the
tanker.
24. Get the BOL signed.
25. Driver does a 360°walk-around of the truck and trailer to ensure safety while puffing out
to leave the facility.
26. Remove wheel chocks.
27. Pull away safely.
X. SAMPLE CONTRACT
AGREEMENT
CITY OF YAKIMA
BID 12228
MAGNESIUM HYDROXIDE
THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation
("City"), and I E , (''Contractor").
WITNESSETH:The parties, in consideration of the terms and conditions herein,do hereby covenant and agree as follows:
1. Statement of Work
The Contractor shall perform all work and service(s) and furnish all tools, materials, labor and equipment (collectively referred to as
"Services")according to the procedure outlined in Bid 12228 Magnesium Hydroxide Specifications which are attached as Exhibit A, and
the most recent edition of the ANSI/AWWA and ASTM 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.
Product will be delivered within L days after receipt of order. FOB Destination, City of Yakima Wastewater Treatment Plant at
2220 East Viola, Yakima,WA.98901
The Contractor shall provide and bear the expense of all equipment:work and labor of any sort whatsoever that may be required for
the transfer of materials and completing the work provided for in this Contract and every part thereof, except such as are mentioned in
the specifications to be furnished by the City of Yakima.
2. Compensation
The City agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated herein. which Exhibit includes the
deliverables and payment schedule of itemized prices as listed in the Contractor's Bid submittal at the time and in the manner and upon
the conditions provided for the Contract.
3. Contract Term
The period of this Contract shall be for a period of one (1) year from its effective date. The City may, at its option. extend the Contract
on a year to year basis for up to four(4)additional years, Contract extensions shall be automatic,and shall go into effect without written
confirmation, unless the City provides advance notice of the intention to not renew or unless the Services have been completed to the
City's satisfaction prior to any automatic renewal.
4. Agency Relationship between City and Contractor
Contractor shall,at all times. be an independent Contractor and not an agent or representative of City with regard to performance of the
Services. Contractor shall not represent that it is, or hold itself out as,an agent or representative of City. In no event shall Contractor be
authorized to enter into any agreement or undertaking for.or on, behalf of City.
5. Successors and Assigns
a. Neither the City, nor the Contractor, shall assign. transfer, or encumber any rights, duties, or interests accruing from this
Contract without the prior written consent of the other.
b. The Contractor for 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.
6. Property Rights
All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be
surrendered to the City upon demand. All information concerning the City and said project which is not otherwise a matter of public
record or required by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at any time disclose
that information without the express written consent of the City.
12228 Magnesium Hydroxide - WWTP Page 19 of 28
7. Inspection and Production of Records
a. The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the City. but
the making of(or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for
performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non-
complying performance, its substantiality or the ease of its discovery.Contractor shall provide the City sufficient,safe,and
proper facilities, and/or send copies of the requested documents to the City. Contractor's records relating to the Services
will be provided to the City upon the City's request.
b. Contractor shall promptly furnish the City with such information and records which are related to the Services of this
Contract as may be requested by the City. Until the expiration of six (6) years after final payment of the compensation
payable under this Contract, or for a longer period if required by law or by the Washington Secretary of State's record
retention schedule, Contractor shall retain and provide the City access to (and the City shall have the right to examine,
audit and copy)all of Contractor's books,documents, papers and records which are related to the Services performed by
Contractor under this Contract.
c. All records relating to Contractor's services under this Contract must be made available to the City, and the records
relating to the Services are City of Yakima records. They must be produced to third parties, if required pursuant to the
Washington State Public Records Act, Chapter 42.56 RCW, or by law.All records relating to Contractor's services under
this Contract must be retained by Contractor for the minimum period of time required pursuant to the Washington
Secretary of State's records retention schedule.
d. The terms of this section shall survive any expiration or termination of this Contract.
8. Work Made for Hire
All work the Contractor performs under this Contract shall be considered work made for hire, and shall be the property of the City.The
City shall own any and all data, documents, plans, copyrights, specifications, working papers, and any other materials the Contractor
produces in connection with this Contract. On completion or termination of the Contract, the Contractor shall deliver these materials to
the City.
9. Guarantee
Contractor warrants the Services will be free from defects in material and workmanship.
10. Compliance with Law
Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all applicable laws. rules,
and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise.
Contractor shall procure and have all applicable and necessary permits, licenses and approvals of any federal, state, and local
government or governmental authority or this project. pay all charges and fees, and give all notices necessary and incidental to the due
and lawful execution of the work.
a. Procurement of a City Business License. Contractor must procure a City of Yakima Business License and pay all
charges,fees,and taxes associated with said license.
b. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as
required in Title 85 RCW.
c. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number. Contractor must have
a current UBI number and not be disqualified from bidding on any public works contract under RCW 39.06.010 or
39.12.065(3).
d. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50
RCW.
e. Foreign (Non-Washington)Corporations: Although the City does not require foreign corporate proposers to qualify in the
City, County or State prior to submitting a proposal, it is specifically understood and agreed that any such corporation will
promptly take all necessary measures to become authorized to conduct business in the City of Yakima at their own
expense, without regard to whether such corporation is actually awarded the contract, and in the event that the award is
made, prior to conducting any business in the City.
12228 Magnesium Hydroxide -WWTP Page 20 of 28
11. Nondiscrimination Provision
During the performance of this Contract,the Contractor agrees as follows:
The Contractor shall not discriminate against any person on the grounds of race, creed,color, religion, national origin, sex, age, marital
status, sexual orientation, gender identity, pregnancy, veteran's status. political affiliation or belief, or the presence of any sensory,
mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans
with Disabilities Act(42 USC 12101 et seq.).
This provision shall include but not be limited to the following: employment. upgrading, demotion, transfer, recruitment, advertising,
layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of Services under this
Agreement.
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.
12. Pay Transparency Nondiscrimination Provision:
The Contractor will not discharge or in any other manner discriminate against employees or applicants because they have inquired
about. discussed,or disclosed their own pay or the pay of another employee or applicant. However,employees who have access to the
compensation information of other employees or applicants as a part of their essential job functions cannot disclose the pay of other
employees or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure is(a) in
response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding, hearing. or action, including an
investigation conducted by the employer, or(c)consistent with the contractor's legal duty to furnish information.
13. Indemnification and Hold Harmless
a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or property.
The Contractor agrees to release, indemnify, defend, and hold harmless the City, its elected and appointed officials,
officers. employees, agents, representatives, insurers, attorneys, and volunteers from all liabilities, losses. damages,
and expenses related to all claims. suits. arbitration actions. investigations, and regulatory or other governmental
proceedings arising from or in connection with this Agreement or the acts, failures to act. errors or omissions of the
Contractor, or any Contractor's agent or subcontractor, in performance of this Agreement, except for claims caused
by the City's sole negligence. The City's right to indemnification includes attorneys fees costs associated with
establishing the right to indemnification hereunder in favor of the City.
b. Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any
immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the
purposes of this indemnification Contractor's indemnification shall not be limited in any way by any limitation on the
amount of damages. compensation or benefits payable to or by any third party under workers' compensation acts,
disability benefit acts or any other benefits acts or programs. Contractor shall require that its subcontractors, and
anyone directly or indirectly employed or hired by Contractor, and anyone for whose acts Contractor may be liable in
connection with its performance of this Agreement, comply with the terms of this paragraph, waive any immunity
granted under Title 51 RCW. and assume all potential liability for actions brought by their respective employees. The
Parties acknowledge that they have mutually negotiated this waiver.
c. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115. then, in the event
of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend,
shall be only to the extent of the Contractor's negligence.
d. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in
any third party.
e. The terms of this Section shall survive any expiration or termination of this Contract.
12228 Magnesium Hydroxide- WWTP Page 21 of 28
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 shall provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and outlined herein. A
copy of the additional insured endorsement attached to the policy shall be included with the certificate. This Certificate of insurance
shall be provided to the City,prior to commencement of work.
Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify a deficiency from
the insurance documentation provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance.
The following insurance is required:
a. Commercial Liability Insurance
Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance and
additional insured endorsements as proof of commercial liability insurance with a minimum liability limit of Two Million
Dollars ($2,000,000.00)per occurrence, combined single limit bodily injury and property damage, and Two Million Dollars
($2,000,000.00) general aggregate. If Contractor carries higher coverage limits, such limits shall be shown on the
Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys
and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the
provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said
policy shall be in effect for the duration of this Contract. The certificate of insurance and additional insured endorsements
shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as
additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving
the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in
Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's
review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify
the liabilities or obligations assumed by Contractor under this contract.
b. Automobile Liability Insurance
Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as
proof of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00)per occurrence.
If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements
and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as
additional insureds for such higher limits. The certificate shall clearly state who the provider is,the coverage amount, the
policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of
this Contract. The certificate of insurance and additional insured endorsements shall name the City of Yakima, its elected
and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause
that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance
shall be with an insurance company or companies rated A-VI' or higher in Best's Guide and admitted in the State of
Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance
maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations
assumed by Contractor under this contract. 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.
12228 Magnesium Hydroxide -WWTP Page 22 of 28
d. Business Auto Policy(BAP)
In the event that services delivered pursuant to this project involve the use of vehicles, or the transportation of clients,
automobile liability insurance shall be required, The coverage provided shall protect against claims for bodily injury,
including illness, disease and death; and property damage caused by an occurrence arising out of or in consequence of
the performance of this service by the Vendor,sub-vendor,or anyone employed by either.
Vendor shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a combined
single limit not less than $1,000,000 per occurrence. The business auto liability shall include Hired and Non-Owned
coverage.
e. Pollution Liability Coverage
At least as broad as that provided under ISO Pollution Liability - Broadened Coverage for Covered Autos Endorsement
CA 99 48 shall be provided and the Motor Carrier Act Endorsement (MCS 90)shall be attached and required after award
and must cover all vehicles to be used with this Project
Commercial General Liability: Combined Single Limit: $2,000,000 Per Occurrence
$2,000.000 Annual Aggregate
Automobile Liability $2.000,000 Per Occurrence
Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this Contract. Any
insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and
neither the City nor its insurance providers shall contribute to any settlements, defense costs, or other payments made by Contractor's
insurance.
If at any time during the life of the Contract, or any extension, Contractor fails to maintain the required insurance in full force and effect,
all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause
for the City to terminate the Contract.
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 12228 Magnesium Hydroxide 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. 2 St., Yakima, WA, 98901. and
are hereby incorporated by reference into this Contract.
17. Termination
Termination for Cause
In the event the Contractor breaches this Contract, the City may terminate the Contract at its sole discretion in such event that it
provides the Contractor with written notice of Contractor's breach and the Contractor fails to cure its breach within 30 days of this
notice.
In the event of the City breaches this Contract. the Contractor may terminate the Contract at its sole discretion in such event that it
provides the City with written notice of City's breach and the City fails to cure its breach of the Contract within 60 days of this notice.
The following represents a non-exclusive, illustrative list of instances that shall be considered a breach by the Contractor:
a. Defaults on an obligation under the Contract:
b. Fails to perform any material obligation required under the Contract:
c. Files a petition in bankruptcy,becomes insolvent,or otherwise takes action to dissolve as a legal entity;
d. Allows any final judgment not to be satisfied or a lien not to be disputed after a legally-imposed, 30-day notice:
e. Makes an assignment for the benefit of creditors;
12228 Magnesium Hydroxide - WWTP Page 23 of 28
f. Fails to follow the sales and use tax certification requirements of the State of Washington;
g. Incurs a delinquent Washington tax liability;
h. Becomes a State or Federally debarred Contractor;
i. Is excluded from federal procurement and non-procurement Contracts;
j. Fails to maintain and keep in force all required insurance, permits and licenses as provided in the Contract:
k. Fails to maintain the confidentiality of the City information that is considered to be Confidential Information,
proprietary, or containing Personally Identifiable Information;
I. Contractor performance threatens the health or safety of a City, County or municipal employee;or
Termination for Convenience
The City may terminate the Contract,without cause, by providing 30 days written notice of termination.
In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the
Contract. The Contractor shall also be compensated for partially completed services. In this event, compensation for such partially
completed services shall be no more than the percentage of completion of the services requested, at the sole discretion of the City,
multiplied by the corresponding payment for completion of such services as set forth in the Contract.Alternatively, at the sole discretion
of the City,the Contractor may be compensated for the actual service hours provided.The City shall be entitled to a refund for goods or
services paid for but not received or implemented, such refund to be paid within 30 days of written notice to the Contractor requesting
the refund.
Change in Funding
In addition to the above termination provisions, if the funds upon which the City relied to establish this Contract are withdrawn, reduced,
or limited, or if additional or modified conditions are placed on such funding, the City may terminate this Contract by providing at least
five business days wntten notice to the Contractor. The termination shall be effective on the date specified in the notice of termination.
18. Dispute Resolution
In the event that any dispute shall arise as to the interpretation of this agreement, or in the event of a notice of default as to whether
such default does constitute a breach of the contract, and if the parties hereto cannot mutually settle such differences, then the parties
shall first pursue mediation as a means to resolve the dispute. If the afore mentioned methods are either not successful then any
dispute relating to this Agreement shall be decided in the courts of Yakima County, in accordance with the laws of Washington. If both
parties consent in writing,other available means of dispute resolution may be implemented.
19. Re-Award
When the contract is terminated by the Contractor upon providing the written notice as herein required. the City, pursuant to City
ordinance,may re-award the contract to the next most responsible Proposer within 120 days from original award.
When a Contractor is unable to supply goods and/or services to the City and is in breach of the contract, or when the contract is
terminated by the City for cause as herein provided, the City reserves the right to re-award the contract to the next most responsible
Proposer within 120 days from original award.
20. Force Majeure
Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics/pandemics, war, riot, delay in
transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of such pending or actual
delay. Normally, in the event or any such delays (acts or God,etc.)the date of delivery will be extended for a period equal to the time
lost due to the reason for delay.
21. Governing Law
This Contract shall be governed by and construed in accordance with the laws of the State of Washington.
22. Venue
The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competent jurisdiction in Yakima County,
Washington.
12228 Magnesium Hydroxide-WWTP Page 24 of 28
23. 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.
24. Notice of Change in Financial Condition
If, during the Contract Term, the Contractor experiences a change in its financial condition that may affect its ability to perform under the
Contract, or experiences a change of ownership or control. the Contractor shall immediately notify the City in writing. Failure to notify the
City of such a change in financial condition or change of ownership or control shall be sufficient grounds for Contract termination.
25. Change or Notice
Any alterations. including changes to the nature of the service, made to the Contract shall be rendered in writing and signed by both
responsible parties: no changes without such signed documentation shall be valid. No alterations outside of the general scope and
intent of the original Request for Proposals or in excess of allowable and accepted price changes shall be made.
In no event shall the Contractor be paid or be entitled to payment for services that are not authorized herein or any properly executed
amendment.
Notice of Business Changes: Contractor shall notify the City in writing within three(3)business days of any change in ownership of the
facilities of the Contractor or of the facilities of any subcontractor. The Contractor shall notify the City in writing as soon as possible,
and in no event later than three (3)business days, after any decision by the Contractor to change or discontinue service that will affect
services provided to the City under this Contract.
The City shall have the right to renegotiate the terms and conditions of this Contract to the extent required to accommodate a change in
governing law or policy that. in the sole discretion of the City, either substantially and unreasonably enlarges the Contractor's duties
hereunder, or renders performance. enforcement or compliance with the totality of the Contract impossible, patently unreasonable, or
unnecessary. Notices and demands under and related to this Contract shall be in writing and sent to the parties at their addresses as
follows:
TO CITY: COPY TO: TO CONTRACTOR:
Mike Price Susan Knotts Do. I i/j
Wastewater Manger Buyer II fr'cs,le-,t 1.
City of Yakima City of Yakima 1'"1,1,,0( E„ fr, I t?'.3 Ca!rice
2220 East Viola 129 North 2"Street /fr 3 S 1C„ k SDI. f:,,'¢�
Yakima WA,98901 Yakima, WA 98901 s":k e w p ti `t Z Z�I
26. Survival
The foregoing sections of this Contract. 1-26 inclusive, shall survive the expiration or termination of this Contract in accordance with their
terms.
IN WITNESS WHEREOF.the parties hereto execute this Contract as of the day and year first above written.
CITY OF YAKIMA [ENTER CONTRACTOR NAME]
i
By: ,/ ac 1� ,y
City Manager / ✓
Date: Date: 2 - 2 Z
CC? Ic/��
Attest: (Print name)
City Clerk
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AGREEEMENT EXHIBIT A
SPECIFICATIONS
AGREEMENT EXHIBIT B
CONTRACTOR'S BID FORM
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XI. SAMPLE CERTIFICATE OF INSURANCE AND ADDITIONAL INSURED ENDORSEMENT
ACcorros .rE n.n•D:., ,..
CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ON_ AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AIaE'1-. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CG'r'-i."E A CONTRACT BETWEEN THE ISSUING INSURERISI AUTHORIZED
REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED.the pole yIie;l must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED subject to toe trims and conditions of the policy certain policies may require an endorsement. A statement on
this certificate does nor confer rights to the certificate holder in Ir nor•,i.!'•enlr.ve me now
'RCDLicER
Sp'F'-:TE
'D:REss
,r15,REro .._ ._-.-GE
'lSoF EC'
INSLIFEk c - ---
COVERAGES CERTIF'CA'E NIJMTER REVISION NUMBER
• _ _ .'EC TE_- - = FEE' --'-E FE` ..:-rlAD ae. - - - =EFUEC
Ltr
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vr,16RE.L4 L.r,E
Ex-ES,.i>e
rnCtE e• .r _ ._— .— X
CERTIFICATE HOLDER CANCELLATION
SHOULD Ally OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE ESRIRA'IOtl DATE THEREOF NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
ZE:cpxc Ern„'oE
1988-2015 ACORD CORPORATION. AU tights resolved.
ACORD 25(2016/03) The ACORD name and logo ale registered nial ks nl ACORD
12228 Magnesium Hydroxide - WWTP Page 27 of 28
POLICY NUMBER COMMERCIAL GENERAL LIABILITY
CG20100704
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 i..c.. rig
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s): Location(s)Of Covered Operations
The City of Yakima,its agents.employees.authorized
volunteers,elected and appointed officials are included
as PrimaryiNon-Contributory additional insured.
Information required to complete this Schedule. t nut sho n above, it be shov.n in tne Declarations
A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these
induce as an addltiona insured the personisi or additional .nsureds, the following additional exciu-
organization(s) sho,'%n in the Schedule. but only slops apply:
'.vith respect to liability for"bodily injury". "property This insurance does not apply to "bodily injury" or
damage" or "personal and advertising .njury'
c "property damage'occurring after:
caused, in'Aide or part.by:
1. Your acts or omissions,or 1. All v.crk. including materials. parts or equip-
ment 4urnished in connection with such work.
2. The acts or omissions of those acting on your on the project(other than service, maintenance
behalf: or repairs) to be performed by or on behalf of
in the performance of your ongoing operations for the additional insured(s) at the location of the
the additional insuredrs at the local onisi des;g- covered operations has been completed,or
nated above. 2. That portion of "your work" out of which the
injury or damage arises has been put to its in-
tended use by any person or organization other
than another contractor or subcontractor en-
gaged in performing operations for a principal
as a part of the same project
CG 20 10 07 04 C ISO Properties. Inc..2004 Page 1 of 1 0
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