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Newco, Inc. - Bid 12242 Solar Salt Extra Course Agreement
AGREEMENT CITY OF YAKIMA BID 12242 SOLAR SALT EXTRA COARSE THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation ("City), and Newco, Inc. dba Cascade Columbia Distribution Co., ("Contractor'). WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows: 1. Statement of Work The Contractor shall provide product and 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 12242 Solar Salt Extra Coarse Specifications which are attached as Exhibit A, and the most recent edition of the ANSI/ASTM/NSR and AWWA Standards, all of which are incorporated herein by this reference, and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. Delivery of each load shall be 3-5 days ARO, after receipt of order, with Inside Delivery F.O.B. Destination, City of Yakima Water Treatment Plant before 3:00 PM PT. 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. 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 contamination and defects in material and workmanship. Any contaminated or defective materials received will be replaced at the Vendor's expense at the time the defective product is discovered. 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 industrialinsurance act, Title 51RCVV.solely for the purposes ofthis 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 8CtS 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. n. Should ocourt Ofcompetent jurisdiction determine that this Agreement insubject tO RCVV4.24.115. then, inthe event ofliability h}[d803g8Sarising out nfbodily injury tOp8rsonmurdG08g8B10pn]p8rty 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 bmoa during performance of the Gom|cnm and this Contract, Contractor Sh8U S8cUm and maintain in effect |nuun@nC8 to protect the City and Contractor from and against any and all claims, damages, losses, and oxpanS9S arising out 0fOrresulting from the performance Ofthis Contract. Contractor shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The City reserves the right to require higher limits should it deem it necessary in the best interest of the public. Contractor shall provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and outlined herein. A copy of the additional insured endorsement attached to the policy shall be included with the certificate, This 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 8 deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. The following insurance i9required: o. 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.O0O,UO0.O0general aggregate. |fContractor carries higher coverage limits, such limits shall be shown nnthe Certificate ofInsurance and Endorsements and the C|h/. its elected and appointed officials, employees, 8g8nto, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate oho|| 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 b8ineffect 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 Orchange the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A'V|| or higher in 8uof'S Guide and admitted in the SK818 Of Washington. The requirements contained herein, as well as City ofY8kimu'S review uracceptance 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. Pollution Liability 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 contract. 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 toBid 12242Solar Salt Extra Coarse 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 Fodono| and State |8wS and the honno of this Contract, in that order respectively, supersede other inconsistent provisions. These Contract Documents are Onfile inthe Office ofthe Purchasing Manager, 129No. 2ndGL.Yakima, WA, S88O1'and are hereby incorporated byreference 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 3Odays 0fthis 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 8non-exusiv8'illustrative list of instances that shall bSconsidered abreach by the 8. Defaults on an obliationuOd9rth8COntr8ot; b. Fails 03perform any material obligation required under the Contract; o. Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal *nl|rY; d. Allows any final judgment not to be satisfied or a lien not to be disputed after a leg ally-im posed, 30-doyn(diw9; o. Makes an assignment for the benefit of creditors; [ Fails tOfollow the sales and use tax certification requirements Vfthe State ofWashington; g. Incurs 8delinquent Washington tax liability; h. Becomes uState orFederally debarred Contractor; i. |Sexcluded from federal procurement and non -procurement Contracts; j Fails to maintain and keep in force all required iOSun3noe. permits and |iooO98S on 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; |. Contractor performance threatens the health or safety of a City or municipal employee; or Termination ' 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 ohn|| 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 b9entitled hoarefund forgooduOr9emiC8SpaidfurbutnotK)Ce|vadnr implemented, such refund hnbapnidwitU|n3OUoySOfvvritt8nnUtiC8h]th8Cuntnocto,nuquooUngth8refund. 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. 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 Bids Orinexcess ofallowable and accepted price changes shall be made. |Onoevent shall the Contractor be paid urbeentitled to payment for services that are not authorized herein nrany properly executed amendment. Notice of Business Chanqes: 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 k)change 0rdiscontinue service that will affect services provided tOthe City under this Contract. The City Sh8|| have the right to mnagUU3t8 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 p9rfnrmanne, enforcement 0rcompliance with the totality of the Contract impossible, patently unreasonable, or unnecessary. Notices and demands under and related 03this Contract shall beiOwriting and sent huthe parties 8ttheir addresses 8Sfollows: TO CITY: Jeff Bond Water Treatment Plant Supervisor City UfYakima 5390UGHwy. 12 Yakima WA, 889O8 COPY TO: TO CONTRACTOR: - Gus8Knotts . BuvorU City of Yakima 128North 2ndStreet Yakima, WA 88901 36. Survival The foregoing aoo|ono of this Contract, 1-26 inn|uukm' Sh8U survive the expiration or termination of this Contract in accordance with their terms. IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written. City Manager t C, IL IT) � NEWCO, INC. Date: Lance Jones (Print name) SPECIFICATIONS Bid 12242 Solar Salt Extra Coarse City mfYakima NOTICE TO BIDDERS 0|012242 Notice is hereby given by the undersigned that electronic sealed Bids will be accepted via Pub|icPurchose.00m until the hour of 11:00:oo AM POT on September16, 2022. Bids will be publicly opened in Yakima City Hall, Council Chambers, 129 N. 2nd Street, Yakima, Washington g89O1. Atsuch time, Bids will be publicly read for: Solar Salt, Extra Coarse Instructions to register with Pub|icPurnhase.com are available at The City of Yakima reserves the right toreject any & all 8|Ds.The City hereby notifies all Bidders that it will affirmatively ensure compliance with WA State Law Against Discrimination (RCVV chapter 49.60) & the Americans with Disabilities Act (42 USC 12101 et set.) Dated September 2,2O22. Publish onSeptember 2&4,2U%2 Susan Knotts,CPPO,CPPB,N|GP'CPP Quyer|| 12242SOLAR 5ALTf|NAL-WTP Page 1of20 CITY OF YAKIMA INVITATION TO BID 12242 SIGNATURE SHEET THIS IS NOT ANORDER BID Release Date: September 2, 2022 Bid Receipt: Bidders must first register with Pub|ioPurchaoo.com and Bid shall be completely uploaded into Pub|ioPumhamo.oum no later than the date and time |iobnd below. Register as early as pnooib|n and do not wait until the due date to upload your documents, as this may take some time. Late Bids will not be enoepUsd or evaluated. If you try to submit a Bid |ato, the electronic system will not receive it. Bid openings are public. Bids shall be firm for acceptance for ninety (90) days from date of Bid opening, unless otherwise noted BIDS ARE ONLY RECEIVED THROUGH P0BLDCP0RCHASE.COM Purchasing For: City 0fYakima Water Treatment Plant 63SOUGHighway 12 Yakima, WA 98908 Buyer mcharge of this procurement (Contact for further mmrmation): Susan Knotts.CPPO.CPPB,N|GP'CPP BuyerU Bids Must uocompletely uploaded by: Public Opening Rf Phone E-Mail Address 8509\575'8085 Suson.Kmots@YaWmaVVA-Gov PROJECT DESCRIPTION SUMMARY Solar Salt, Extra Coarse Enter Prompt Payment Discount: %net days We/I will complete delivery within days after receipt of Delivery Details: FOB Destination, Freight Prepaid, Inside Delivery required F]|hereby acknowledge receiving addemdumm(a) I (use as many spaces as addenda received) In signing this Bid wealso certify that wohave not, either directly orindirectly, entered into any agreement mparticipated inany collusion or otherwise taken any action inrestraint offree 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 |ntmdmco| Cooperative Act (RCVV39.34) provides that other governmental ugonc|mm may purchase goods or services on this solicitation or contract in accordance with the terms and prices indicated therein if all parties aqree. The City does not accept any responsibility or involvement in the purchase orders or contracts issued by other public agencies. We will com,pnly with all terms, conditions and specifications required by the City of Yakima in this Invitation to Bid and all terms of our Bid. Company Name Company Address Name mAuthorized Company Representative (Type mPrint) Signature ofAbove Email Address Phone ( ) | �m ( ) / �m Invitation tmBid #l2242 L Contents 1, Contents,..,.,. 11. GENERAL IN 1. Purpose � 5 2. Contracting Agency and Point ofContact _~`__~~.,~°`_~~~_~...... °~_-_°............ _5 3. New and Unuoed.-.^...... .~~°-................ .~,~~.~~..... ^~__......... -_�___^�,~^___x_^,__Y_...... ........ 5 4. Best Modern Practices ................ -__._..~............ ................. ~....... __~__,_~`6 5. EquaKApprovedEquu| __°_-.,°~.......... 5 S. Exceptions ... ........... ........_5 7. More urLess .............................. _...... .......... _-=-~.~=_,~*_.~°_.*.^_~~^,_-,-_.-,G 8. Published List Prices ................................... ........ _.~__.-_~°-_~^_......... S S. Delivery/Completion ... �__~ ........... ...... __n_~~,~__^~,...... 8 10. Delivery Acceptance .... ~,___~~.,............. ...................... .~_.~.^,^~.-~,~~°......... .°_._=,~.~.^~~.-6 11. Delivery of Unapproved Substitutions ................ -..^_^,�.~__........... ___ ~_~�_^-^__..°__~,-8 12. Contract Term ....... _~^~~~_,__.~........ ^........... ~,_.G 13. Pricing and Discount ....... °...... _-~_'-_^__.~~.......... ~_~^_~~...... ~~_.~__.7 14. Price Clarifications ......._°~_.~___.~___^7 15. Price Increases ............... .-.--._....... _._~_~_`~.._........... ,~~_.~.^...... ^~_.._~.°"`,_~~-__~,....... .~'~.7 16. Price Decreases .... ^~..~._.~.=~__........ �-___"_-~..~,,^,__...... �"~~._-,_°..... 8 17. Expansion C|euae.`............. ........ ~__~.-......... _°._~^_°~.8 18. Warranty ................ °"�._~_^~-_u__°"~~^-^.-__^~.-^-_-^_._^~-_._°,~.~~°~~~'~y~~,........ __.8 19. Warranty Coverage �__�_~___^...... __~_,.,~^._=-_.~..^............. _..... _._~^_._~_._....... ^�8 20. Permits a'"___-^-°^~__~-_.~.°_.~.~~._~`=~^~°__.Q 21. Regulations and Codes ...... °_.�__._...... _9 22. Prompt Payment .........^~8 23. Payments ... ...... _~°~_,~~~.°°._...... _-~_.8 24. Payment Method - Credit Card Acceptance ...... ~........ ______...... _,-^_...... _._,.r_.,_...... 8 25. Acceptance ofTerms ^... -.``-......... __...... ,,......... ~_--__~^~.~-. .°_-~,~~_~~~- __~__°~~B 26S�mm�m__ _.^ .~~ ^__ _ � ~_-~~_~_^°~~^~~~ ~~^~ _~ ~^^= --`_~^_~.^..-__~-9 27. Tax Revenues ......... ....... ...... ....... 9 28. Clarifications and/or Revisions toSpecification and Requirements ........... 29. Incurring Costs _-_,_-...^_-__.^...... _,,,,_^~_,,~^°,~_1U 30. NoObligation tnContract --...... ....... _^__-................ _.~. ~____^__°_^-10 31. Retention ofRights ~~._^~.~.~~~.u_..._...... ......____,,_~.^1O 32. Points Not Addneaaed.__~_... ...... -__~_._~_~~.-....... ~...... ... 1O 33. Other City Departments/Like Items Added ...................................................... .-^_........ ~°,-~_.....^^1O 34. Materials Bought from Different Supplier ......1O 35. Re -Award ..... __......... ^_.......... _............... ................... ,...... ^.__~,,=.^^°,__.~^i1 36. Errors and Omissions.-^...... .~__....... U|. Pk V� 37. Changes 1. Specify Manufacturer 11 8^ Hazardous Materials .......... ....... 12 5. 1. General Instructions ................ / 12 2. SubmhdngoBid— ~ 12 3, Prohibition ofBidder Terms & Conditions .... ~^__....... ...... 12 4. Multiple Bids ... .~._.... .......... _�_^,_._^_�__~^_,........ .~~^--- .� 13 1. Bid Evaluedon___......... ~_... ~..... ..... .__,_ 2. Offer inEffect for Ninety (S0Ouyo—,,~-~.............. ~....... ._~~-~.~~.__ 13 3. Protest Procedure V1. TECHNICAL SPECIFICATIONS ............................. _~_........... _~___.~_~~_........ 14 VU. BIDDERS CHECKLIST ............................. 15 VU| BID FORM ...............____� 16 DL BIDDER QUESTIONNAIRE. --17 X . SAMPLE .18 0. SAMPLE CERTIFICATE OFINSURANCE WITH ADDITIONAL INSURED ENDORSEMENT ........ .=^°~_°_," 27 1lZ4ZSOLAR 3ALTf|NAL-WTP Page 4of28 INVITATION TO BID #12242 Solar Salt, Extra Coarse I. E `:L I F s `;TI 1. Purpose It is the intent and purpose of these specifications to describe Solar Salt Extra Coarse (Sodium Chloride NaCI) 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 the equipment bid shall be equal to or better than the specifications stated herein and all exceptions to these specifications shall be so listed on a separate sheet headed "EXCEPTIONS TO THE SPECIFICATIONS". Any Bid submitted without exceptions will be required to meet every detail of these specifications regardless of cost to the successful bidder, including the cost to meet the insurance requirements. Where "NO EXCEPTIONS" are shown, none will be allowed. No exceptions will be considered that may tend to devalue the equipment or give an individual bidder who is offering a lesser item a distinct advantage. 12242 SOLAR SALT-FINAL-WTP Page 5 of 28 T 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 Price 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 bethe prices paid during the life ofthe contract. 9. Delivery/Completion Each bidder is required to list on the Bid form the number of calendar days he/she expectsdelivery tobpmade at the destination, in terms of time interval, following placement of order. Time ofdeUvery/oomp|etion is important and will beconsidered inthe evaluation ofthe Bids. Failure toinclude ospecific number ofcalendar days may besufficient grounds for rejection ofBid. On -site delivery is Required; R08 Destination 5 business days ARO, following placement oforder. Time of delivery is important and will be considered in the evaluation of the Bids. .Failure to be able to deliver Extra Coarse Solar Salt, nbulk imthis solicitation �vxithinj5 business days mav be sufficie.nt@rmumdsfor rejection of Bid. Delivery to be bulk by pneumatic method and delivery vehicle must have its own air supply with hose and fittings toconnect toasteel 4~male cam lock. 10. Delivery Acceptance Delivery will be accepted by the City of Yakima FOB Destination; City of Yakima Water Treatment Plant, 6390 US Highway 12, Yakima, Washington, 98988, inside delivery, between the hours mf8:OO a.m. and 3:00 p.m. Monday through Friday, ready for regular and safe use. Delivery, Contact: City ofYakima Water Treatment Plant Attn: Jeff Bond (5O0)575-6l77 '1 6390 US Hwyl2 Ylddmu WAV8908 11. Delivery ofUnapproved 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 Cityquote/bid list for a period ofuptothree (3) years. 12. Contract Term See Section 3 of Contract The period of this contract shall be for operiod ofone 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. 1ZZ4ZSOLAR SALTf|NAL-VVTP Page 6 of 28 13. Pricing and Discount Pricing: Pricing shall be prepared with the following terms. The successful Bidder shall provide and bear the expense of all equipment; work and labor of any sort whatsoever that may be required for the transfer of materials/product and completing the work provided for in this Bid and every part thereof, except such as are mentioned in the specifications to be furnished by the City of Yakima. Surcharges for fuel, delivery/hauling, hazardous material disposal, environmental fees or similar will not be allowed. Relevant charges for these items shall be included in the base bid price. All successful Bidders are subject to the minimum insurance requirements as outlined in the sample contract. BIDDERS MUST INCORPORATE THE COST TO COMPLY WITH THE INSURANCE REQUIREMENTS IN THE BID PRICE. Requests for lower insurance limits will be denied. 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. 14. Price Clarifications The City reserves the right to clarify any pricing discrepancies related to assumptions on the part of Bidders. Such clarifications will be solely to provide consistent assumptions from which an accurate cost comparison can be achieved. Unit prices shown on the Bid or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as stated on the bid form. For any given item, the quantity multiplied by the unit price shall establish the extended price, the unit price shall govern in the Bid evaluation and contract administration. 15. Price Increases Requests for Rate Increases must be delivered to the Buyer listed on Page 2, in accordance with the rules below. 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. 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. A. Discount from Manufacturer List Pricing: For all contract items that are priced as a discount below Manufacturer List prices, there shall be no changes to the discount rate throughout the life of the contract. As manufacturer list prices change, the net price to the City will automatically change in the same percentage as the discount rate to the City. B. Fixed Product Pricing: For product and supply contracts that provide on -going, multiple year supply. Original pricing shall be fixed and firm for the first year of the contract. Price requests are at the discretion of the Purchasing Manager; and must also be: 12242 SOLAR SALT-FINAL-WTP Page 7 of 28 a. The direct result of increases at the manufacturer's level (or if Bidder is a supplier of raw material delivered directly tuthe City such as brass, the increase must be verified atthe supplier |eve|). b. Incurred after contract commencement date. C. Not produce ohigher profit margin than that onthe original contract. d. Clearly identify the items impacted bythe increase. e. Be filed with Purchasing Manager a minimum of thirty (30) calendar days before the effective date ofproposed increase. f. Be accompanied by detailed documentation acceptable to the Purchasing Manager sufficient towarrant 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 PP| Commodity Data is available at The adjustment (if any) shall remain firm and fixed for at least 365 days after the effective dote of the adjustment. |fnoadjustment is mutually agreed upon; the contractor may provide 30'day notice to cancel for convenience. 16.. Price Decreases During the contract period and any renewals thereof, any price declines at manufacturer's level shall be reflected in a reduction of the contract price to the City, retroactive to the date they were effective to the bidder. 17. Expansion Clause Any resultant contract may be further expanded by the Purchasing Manager in writing to include any other item normally offered by the bidder, as long as the price of such additional products is based on the same cost/profit formula as the listed item(s). At any time during the term of this contract, other City departments may be added, ifboth parties agree. 18. Warranty Unless otherwise specifically stated by the Bidder, all goods and services furnished shall carry standard warranty coverage furnished by the trade in general and be warranted against defects or faulty workmanship and materials by the Vendor. Warranty shall include all costs incurred, including shipping, for repair or replacement except that which isdamaged bymisuse nrabuse. Vendor warrants that all goods and services furnished under this Agreement, conform strictly tothe 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, all appropriate instructions or warnings are supplied, and are fit for the intended purpose of which such goods and services are ordinarily purchased and if a particular purpose is stated in a Special Condition, the goods are then warranted asfor that particular purpose. |fadefect isfound, acomponent 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 vvarrantied from the dote it is delivered. All implied and expressed warranty provisions of the Uniform Commercial [ode are incorporated into this Agreement. Vendor further warrants that no violation ofany federal, state or local |axv' statute, rule, regulation, ordinance or order will result from the manufacturer, production, sale, shipment, installation or use of any other goods. Vendor's warranties (and any more favorable warranties, service policies, or similar undertaking of Vendor) shall survive delivery, inspection, and acceptance of the goods or services. 19. Warranty Coverage Warranty coverage will not commence until the date the completed order is put into service as reported by the City; or thirty (30) days after final payment for the unit(s); whichever occurs first. 20. Permits All necessary permits required to perform work are to be supplied by the Contractor at no addition cost to the 21. Regulations and Codes To the extent applicable, all equipment and/or mate ria Is/prod ucts shall comply with Washington State vehicle regulations, Federal regulations, OSHA and VV|SHA requirements, to include EPA standards and City safety codes. 22. Prompt Payment Bidders are encouraged to offer a discount for prompt payment of invoice. Please indicate your discount proposal onpage Zofthis document. |fawarded bythe City, period ofentitlement begins only after: • Receipt ofaproperly completed invoice ,* Receipt ufall supplies, equipment orservices ordered • Satisfactory completion of all contractual requirements 23. Payments Contractor is to submit properly completed invoice(s) to: City ofYakima, Accounts Payable, 1Z9N.ZndStreet, Yakima, WA 98901. To insure prompt payment each invoice should cite purchase order number, bid number, description of item purchased' unit and total price, discount terms and include the Contractor's name and return remittance address. Payment will be mailed within thirty (30) days of (a) the receipt and acceptance of the equipment, (b) properly completed invoice, and (c) all papers required to be delivered with equipment. 24. PaymentMethod—Credit Card Acceptance The [ity, in its sole discretion' will determine the method of payment for goods and/or services as part of this agreement. The Cit/s preferred method of payment is by procurement (credit) card. Respondents may be required to have the capability ofaccepting the Cit/s authorized procurement card as a method of payment. No price changes or additional fee(s) may be assessed when accepting the procurement card as a form of payment. 25. Acceptance ofTerms Acceptance of City Purchase Order (PO) for any units affiliated with this purchase constitutes acceptance of, and agreement with, all ufthe general and specific requirements and stipulations listed in this boiler plate, and in the attached equipment specification (s); including all penalties mentioned. 26. Sales Tax The City will pay sales and use taxes imposed on goods or services acquired hereunder as required by |ovv. The City is exempt from Federal Excise Tax. Where applicable, the City shall furnish a Federal Excise Tax Exemption certificate. The City ofYakima'sSales Tax rate iscurrently Q.3%. However, the amount ofsales tax will not beconsidered in determining which bid is the lowest and best bid. 27. Tax Revenues RCVV 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 o 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. 1lZ4ZSOLAR 3ALTf|NAL-WTP Page gof28 28 Clarifications and/or Revisions toSpecification and Requirements If Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, orother deficiency in this solicitation, the Bidder has a duty to immediately notify the Buyer ofsuch concern and request modification or clarification nfthe BID document. Unless instructions are specifically provided elsewhere inthis document, any questions, exceptions, or additions concerning the subject matter of the 8|D 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 80, supplements or revisions will be provided to all known Bidders in the form of an Addendum. All Addenda are posted on and sent directly to interested parties who have registered (per instructions onwebsite)for updates tothis BID. If any requirements of the BID are unacceptable to any prospective Bidder, they may choose not to submit a Bid. 29. Incurring Coats The City is not liable for any cost incurred by Bidder inthe process of responding to this B|C\ including but not limited to the cost of preparing and submitting a response' in the conduct of presentation, in facilitating site visits orany other activities related turesponding tothis BID. 30. NoObligation tuContract This BID does not obligate the City to contract for servi ^si 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 Notice of Intent to Award. The City does not guarantee to purchase any specific quantity or dollar amount. Bids that stipulate that the[ityohaUQuaronteeaspedficquantityordoUaromountvviUbedisqua|ified(e.0.^aU'opnone") The quantities shown as estimates are not exact and are given for the purpose of comparing Bids upon a uniform basis. Payment will be made only for the quantities actually ordered, delivered, and accepted, whether greater or less than the stated amounts. There shall benmminimum order requirement. Bids that stipulate thatthe[ityshaUguaranteeaapecificquantitynrdoUaramountwiUbedisqua|ified(e.g."aU'opnone".) 31. Retention mfRights The City retains the right toaccept or reject any orall Bids or accept any presented which meet orexceeds these specifications, and which would beinthe best interest ofthe City and will not necessarily be bound toaccept the |ovv bid. All Bids become the property ofCity upon receipt. All rights, title and interest inall 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. 32. points Not Addressed Bidders are encouraged to list any points not addressed in these specifications that they feel improve or enhance the operation of their units. 33. Other City Departments/Like Items Added At any time during the term of this contract, or any extension thereof, other City departments may be served under these same terms and conditions. Additional like items may be added at the request of the Purchasing Manager. 34. Materials Bought from Different Supplier Should the 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 z2Z42SOLAR 3ALTf|NAL-Wrp paQe1n 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 ofGod • Fire Provided the Buyer listed on Page 2 is notified in writing by the Contractor of such pending or actual delay. In the evert ofany delay, the date of delivery shall be extended fora period equal to the time lost due to the reason for the delay. 35. Re -Award When the contract is terminated by the City or the Contractor upon providing the written notice as herein required, the City, may re -award the contract tothe next most responsible bidder within 1JUdays from original award. When o 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 Bidder. 36. Errors and Omission The City reserves the right tocorrect obvious ambiguities and errors inthe Bidder's proposal and towaive non- material irreQu|aritiesand/oromissions. |nthis regard, ifthe unit price does not compute tothe extended total price, the unit price shall govern. 37. Changes Any proposed change in this contract shall be submitted in writing to the Buyer listed on Page 2for 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 isspecifically unauthorized and isnot valid. 111. SPECI � L I ST CTI 1. Specify Manufacturer Manufacturer specifications shall be included with bid package. Vendor shall specify the manufacturer of products being offered on the Bid Form. 2. Environmental Standards, Regulations and Codes The City seeks to ensure that all purchases comply with recent environmental standards and product specifications. The USEPA Standards for this product shall be a minimum specification, if any such standards have been published by the USEPA` and to the extent applicable, all equipment ormaterials shall comply with Washington State regulations, Federal regulations, OSHA and VV|SHA requirements, City safety codes, and further, no detail necessary for safe and regular operation shall be omitted, although specific mention thereof may not bemade inthese specifications. 1Z24ZSOLAR SALT-F|NAL-WTP Page 11 of 28 3. Hazardous Materials If this order covers goods, which include hazardous chemicals, Contractor shall, at the time of product delivery, provide the City with copies of Material Safety Data Sheets for such chemicals. These sheets shall be inthe form then required by applicable law or regulation. This requirement ohoU be in addition to whatever other requirements are imposed by law nrregulation. 4- Spill Clean 0p The contractor shall be responsible for all costs resulting from spillage attributable to their negligence, which may occur during transit or unloading operations. The Contractor shall immediately report and dean up all spillage. |fContractor fails to perform the above actions, the purchaser shall take corrective action and back - charge the Contractor for all related costs. S. Inspection and Rejection Cost of inspection on deliveries or offers for delivery, which do not meet specifications, will be for the account of the Vendor. All goods and any services purchased under this Contract and/or Agreement are subjecttoapproval 6ythe City. Rejection of goods or services, resulting because of nonconformity to the terms, conditions, and specifications of this order, whether held by the City or returned, will be at Vendor's risk and expense. EPA � I SU A � I 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 VII Bidder's Checklist to ensure your Bid is responsive. 2. Submitting aBid Bids shall be completely uploaded into Public Purohasezom no later than the date and time listed on Page 3 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 throu0hPub|icPurchase.comvvheretheymiUbekeptinanelectronic |uckbox until date and time of opening. To register as a Vendor/Bidder with Public Purchase, 8o to www.publicpurchase.com or the City ofYakima webshe The City is not responsible for late bids due to operator error, electronic malfunction, system errors or interruptions affecting the Public Purchase site and the processing nfany 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 (R[VV42.S6 etseqj All sections of the response shall be made available to the public immediately after contract opening. 3' Prohibition mfBidder 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 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. 1. . EV-SAL .DTI 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. Offer in Effect for Ninety (90) Days A Bid may not be modified, withdrawn or canceled by the Bidder for a ninety (90) day period following the deadline for Bid due date, or receipt of best and final offer, if required, and Bidder so agrees by submittal of a bid. 3. Protest Procedure Any protest must be made in writing, signed by the protestor, and state that the Bidder is submitting a formal protest. The protest shall be filed with the City of Yakima's Purchasing Manager at 129 No. 2nd St., Yakima, WA 98901, or by fax: 509-576-6394 or email to: Maria, Mayhue@YakimaWA.Gov. The protest shall clearly state the specific factual and legal ground(s) for the protest, and a description of the relief or corrective action being requested. Protests based on specifications/scope of work, or other terms in the BID shall be filed at least five (5) calendar days before the solicitations due date, and protests based on award or after the award shall be filed no more than five calendar (5) days after Award Announcement (see below for details). The following steps shall be taken in an attempt to resolve the protest with the Bidder: Step I. Purchasing Manager and Division Manager of solicitation try resolving matter with protester. All available facts will be considered and the Purchasing Manager shall issue a written decision. Step II. If unresolved, within three (3) business days after receipt of written decision, the protest may be appealed to the Department Head by the Purchasing Manager. Step III. If still unresolved, within three (3) business days after receipt of appeal response, the protest may be appealed to the Executive. 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. 12242 SOLAR SALT-FINAL-WTP Page 13 of 28 A��Protest � Regardless of -_� 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 ofthe following applies: • The supplies orservices tobecontracted for are urgently required; • Delivery or performance will be unduly delayed by failure to make award promptly; • Aprompt award will otherwise beadvantageous tothe 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 many manner. /L 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 mayor may not consider any ofthe Bidder's suggested revisions. Any changes oramendment tuany ofthe Contract Terms and Conditions will occur only ifthe change isinthe best interest ofthe City. L SPECIFIC i TI '01 The Bidder must provide a detailed description of each major component of their proposed product/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 yNateria|x/LaborRequined" The Bidder must complete the following Technical Specification Section using one of the following responses for each ofthe specifications. Y—Yes. The Bidder's proposed product currently satisfies the entire requirement and the proposed system will completely support the requirement. N —Nm. The Bidder's product does not currently satisfy the entire requirement and the Bidder's delivered product will not satisfy the requirement. E—Exp|anatimn. The Bidder's product partially satisfies the requirement and an explanation isincluded inthe response. &HR—%HodiMcatiom 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 ofthe Bidder's base products. The following Technical Specifications Analysis shall be answered with a Y of N. Checking "NO"onany item will not necessarily disallow aBid. The City shall be the sole judge as to whether an exception is acceptable or not. Bidders are encouraged to provide further detail xvhen* 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 TODOSOWILL BECAUSE FOR REJECTION OFSAID BID SUBMITTAL. 1224I8}UAR SALT-FINAL-WTP Page z4of 28 SOLAR SA L T EXTRA COA RS TECHNICA L A NA L YSIS FORM Item Specification _ , !. ` ���� w�-Y,�`�" v Must meet /4JVVVAStandard 82DU-O3 or as per most recent revision and ANSI/NSF Standard6O. � Delivery tobebulk bypneumatic method and delivery vehicle must have its own air supply with hose and fittings toconnect toasteel 4" male cam lock. �7 � �,� �� � r�f / �_�/"'� *_^�� .~ .' ' All deliveries tobemade within FIVE (5) business days, or less, from the date orderb placed and delivered on -site nolater than 3:OO PK8onthe day ofdelivery. [� u El Comments VII. BIDDERS CHECKLIST 1. Bidder must complete and upload as part of their 0d submittal, all required forms listed below in accordance with Section III ' Preparing and Submitting aBid. w Signature Page Page w Technical Specification Analysis Form Page1S w Bid Form Page16 • Bidder Questionnaire PoQe17 12242 SOLARSALT-RNAL-WT Page%5 of 28 VIII. BID FORM INVITATION TO BID NO. 12242 SOLAR SALT EXTRA COARSE 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: Unit prices bid shall be net exclusive of all taxes; and must include all transportation, delivery and unloading costs. All deliveries must: • Be fully prepaid, F.O.B. Destination, inside delivery, • Be made within FIVE (5) business days or less from the date the order was placed, • Delivered on -site no later than 3:00 PM on the day of delivery, and • Delivered in bulk by pneumatic method with delivery vehicle having its own air supply, hose, and fittings to connect to a steel 4" male cam lock. Item No, Description Qty Price Per Unit Total Price (without tax) 1. Basis of Bid to be per net ton of 2,000 lbs. of Solar Salt Extra Coarse, delivered in bulk 23 ton, more or less. Solar Salt Extra Coarse (Sodium Chloride) NaCI, 99.6% purity, 66 — 74 pounds per cubic foot. 165 Tons SUB TOTAL Freight FOB Destination, Prepaid, Inside delivery, 5 days ARO WA STATE SALES TAX — Destination Based @ 8% TOTAL LIST DISCOUNT OFFERED OFF LIST PRICE FOR ANY OTHER ITEMS NOT SPECIFICALLY LISTED 12242 SOLAR SALT-FINAL-WTP Page 16 of 28 . STI • INSTRUCTIONS: Provide the requested information, sign and date. If the City requires further description, the City may request Bidder to provide such information within a mandatory due date. You must submit this completed form to the City with your Bid. Failure to submit this form fully complete, may result in disqualification of Bid. Bidder's Legal Name: Company's dba: (if applicable) CEO/President Name: Business License No. Phone BIDDER INFORMATION UBI No. Federal EIN No. Toll Free Phone FAX ( ) E-Mail Address Mailing Address City State Zip + 4 Physical Address City State Zip + 4 Name the person to contact for questions concerning this Bid Proposal: Name Title Phone FAX ( ) Mailing Address City Physical Address City Toll Free Phone ( ) E-Mail Address State Zip + 4 State Zip + 4 12242 SOLAR SALT-FINAL-WTP Page 17 of 28 LE C CT AGREEMENT CITY QFYA0MA 88JY2342 SOLAR SALT EXTRA COARSE THIS AGREEMENT, entered into onthe date oflast execution, between the City ofYakima, uWashi-�tonmunicipalcorpmration ("City"), and , ("Contractor"). WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows: 1. Statement of Work The Contractor shall provide product and perform all work and service(s) and furnish all tools, materials, labor and equipment (collectively referred VouS"GamiC8S") according 0nthe procedure outlined 'nBid 13242Solar Salt Extra Coarse Specifications which are attached an Exhibit A, and the most moond edition of the ANG|A\STNKNSR and AVVVVA Standards, all of which are incorporated honoiO by this mfanonoe. and 3h8|| perform any alterations in or additions to the work provided under this Contract and every part thereof. Delivery of each load shall be5days ARO, after receipt of order, with Inside Delivery F,O.B.Destination, ����W� Tmo8n���ar�ba�n33:0UP�PT. ' The Contractor shall provide and bear the expense of all equipment; work and labor of any soft 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 tnbnfurnished bythe City oyYakima. 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 0fthis Contract shall be for a period of one (1) year from its effective date. The City may, at its option, extend the Contract 0n8year k)year basis for uptOfour (4)additional years. Contract extensions shall baautomatic, and shall gointo 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 Qty'nsatisfaction prior toany automatic renewal. 4. Agency Relationship between City and Contractor Contractor shall, at all times, bounindependent Contractor and not anagent nrrepresentative ofC��withnegard to performanceof the � 58micCo ntractor that |tis, orhold itself out as, 8nagent nrrepresentative of Uv.(nnnevent h�|Conhao�rbo authorized 0oenter into any 8gmemeOtnrunUo�@hiOgfor, oron, behalf OfQty. ' 5. Successors and Assigns @. Neither the City, nor the Contractor, shall 8uoigO, transfer, orencumber any hgNs, dUU8u, or interests accruing from this Contract without the prior written consent Ofthe other. b. The Contractor for h|mS8|f, and for his ho|m, executors, administrators, SuCoeoSOrs. and 800|gnS, does hereby 8gnoo to the full performance of all the covenants herein contained upon the part of the Contractor. 1IZ4ZSOLAR 5ALTf|mALWTP Page 18 of 28 6. Property Rights All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be surrendered to the City upon demand. All information concerning the City and said project which is not otherwise a matter of public record or required by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at any time disclose that information without the express written consent of the City. 7. Inspection and Production of Records a. The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the City, but the making of (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non- complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe, and 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 contamination and defects in material and workmanship. Any contaminated or defective materials received will be replaced at the Vendor's expense at the time the defective product is discovered. 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. 12242 SOLAR SALT-FINAL-WTP Page 19 of 28 C. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number. Contractor must have 8 current UB| number and not be disqualified from bidding on any public *mdm contract under RCVV 38.08.010 Or 39.12.005(3). U. Contractor must provide proof ofavalid Washington Employment Security Department number as required by Title 50 *. the City does not require foreign corporate proposers 0oqualify inthe City, County or State prior to submitting a proposal, it is specifically understood and agreed that any such corporation will promptly take all necessary 0800ur8S to become authorized to conduct bUSin000 in the City of Yakima a1their own expense, without regard to whether such corporation is actually awarded the onntn8Ct, and in the event that the award is made, prior toconducting any business |nthe City. 11. Nondiscrimination Provision During the performance Ofthis Contract, the Contractor agrees 8Sfollows: 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 |dontih/, pregnancy, veteran's status, political affiliation or bo|i8[ or the p[ouenC8 of any SonSnry, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCYV oh8pter49.00) or the Americans with Disabilities Act (42 USC 12101 et seq.). This provision shall include but not be limited tothe following: employment, upgrad|ng, dnmcdinn, transfer, recruitment, advertising, layoff ortermination, rates of pay orother 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 Ondoro. this Contract may be uunC8UoU, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for any future City contracts. 12. Pam 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 haveaccess tnthe compensation infnnnaUOO ofother employees or 8pp||o8ntS as 8 port oftheir essential job functions cannot diSC|oua the pay of other employees or applicants to individuals who do not otherwise have aCoeoo to compensation information, un/nuo the dino|nounu is /u\ in response to 8 formal complaint or charge, /b\ in furtherance of on investigation, proceeding, hoering, or aoUOO' 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 nouoSV8ry precautions in performing the 8omicoS to prevent injury to persons or property. The Contractor agrees to m|*Gno. indemnify, defend, and hold hamn|eoS the City, its elected and appointed officia|:, officers, employees, eganta, representatives, inuuno0, a#omeys, and volunteers from all liabilities, |Oueea. d8m8goe. and expenses m|81ed to all c|u|mS. suits, arbitration actions, investigations, and regulatory orother governmental proceedings arising from or in connection with this Agreement or the eoto, failures to act, or0nS or omissions of the Contractor, or any Contractor's agent nrsubcontractor, in performance Ofthis Agreement, except for claims caused by the City's 8n|e negligence. The C|b/'a right to indemnification includes a8Dnl6y'u fo8S Cmha associated with establishing the right hoindemnification hereunder infavor Ofthe City. b. Industrial Insurance Act Waiver. It is specifically and oxpnuoo|y understood that the Contractor wm|vao 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 oh8U not be limited in any way by any limitation on the amount ofdamages, compensation or benefits payable to or by any third party under workers' compensation anto, disability benefit 8Stu orany other benefits acts or programs. Contractor shall require that its 3ubunntn8c0um, and anyone directly or indirectly employed or hired by Contractor, and anyone for whose acts Contractor may be liable in connection with its pohoOnanoa of this Agreement, comply with the terms of this paragraph, waive any |m0un|iv 1224ZSOLAR SALT-p|NAL-WTP Page20 of 28 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 12242 SOLAR SALT-FINAL-WTP Page 21 of 28 maintained by Contractor is not i lu and shall not In any 08O0er limit or qualify � the liabilities or obligations assumed y Contractor under this contract. The businessbusinessauto liabilityliabilityshall include Hired andNon-Owned coverage if c. ELiability (Stop Gap) Contractor and all subcontractor(s) Sh8U at all times comply with all applicable workers' compensation, occu��n� d�eeo8 andapp' 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 peirforTned 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. U. Pollution Liability /Vleast oS broad as that provided under ISO Pollution L|8b|||h/' 8mad8Oad Coverage for Covered Autos Endorsement CA9940shall boprovided and the Motor Carrier Act Endorsement and must cover all vehicles Vnboused with this contract. Commercial General Liability: Automobile Liability Combined Single Limit: $20UO,00Per Occurrence $3.UOO'OU0Annual Aggregate $2,000,000 Per Occurrence Contractor's insurance coverage shallbe primary insurance with respect to those insurance, o�U�nnu�no� or pool coverage maintained by CdvahGU ^^- Vf r insurance ' p"" -' ` be in o»��as �e&�ono���[m nSu�n8e and neither the City nor its insurance providers shall contribute to any settlements, defense costs, or other payments made by Contractor's |nSunonCn. Ifokany time during the life ofthe 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 ofthis Contract the mdicoUon thereof to any person(s) or circumstances is held invalid, such invalidity nhd| 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 toBid 12242Solar Salt Extra Coarse Scope of Work, conditions, addenda, and modifications and Contractor's proposal (tn the extent consistent with Qh/ 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, 12SNo. 2nu8t.,Yakima, WA, 989O1.and are hereby incorporated byreference into this Contract. 17. Termination Termination for Cause In the event the Contractor breaches this Contract, the City may terminate the Contract at its uo|8 discretion in such event that it provides the Contractor with wdtten notice of Contractor's breach and the Contractor fails to cure its breach within 30 days of this In the event of the City breaches this Contract, the Contractor may terminate the Contract at its sole discretion insuch event that it provides the City with written notice of City's breach and the City fails to cure its breach of the Contract within 60 days of this notice. 13Z4ISOLAR 5ALTf|NAL-VVTP Page 22 of 28 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 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. 12242 SOLAR SALT-FINAL-WTP Page 23 of 28 Contractor will not be responsible for delays in delivery due to acts of God, fino, strikes, np|d8mice/panUemicS, war, riot. delay in transportation or railcar transport ShoduoeS. 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 k)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 8 court uycompetent jurisdiction in Yakima COUOb/, 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 ofChange inFinancial Condition If, during the Contract Tenn. the Contractor experiences u change in its financial condition that may affect its ability to pedhnn 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 nfsuch 8change infinancial condition Orchange Ufownership o,control shall besufficient 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 ShoU be valid. No alterations outside of the goOem| scope and intent ofthe original Request for Bids or in axCoas of allowable and accepted phoo changes ShGU be made. In no event S.n|| the Contractor be paid or be entitled to payment for services that are not authorized herein or any properly executed amendment. Notice ofBusiness oes: 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 aemiCo that will affect services provided 10the 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 orcompliance with the totality of the Contract impossible, patently unreasonable, or unnecessary. NnUneS and demands under and related to this Contract shall be in writing and sent to the parties o1their addresses on TO CITY: Jeff Bond Water Treatment Plant Supervisor City ofYakima 039OUGHwy. 12 Yakima WA, 889O0 COPY TO: TO CONTRACTOR: GuSenKn0ttS BuvurU ' City of Yakima 129North 2mStreet Yakima, WA 98901 26. Survival The foregoing sections ofthis Contract, 1'28inclusive, shall survive the expiration ortermination ofthis Contract inaccordance with their hannS. 122429OUAR SALT-FINAL-WTP Page 24of 28 IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written. CITY OF YAKIMA [ENTER CONT CTOR NAME] By City Manager Date: Date: Attest: (Print name) City Clerk 12242 SOLAR SALT-FINAL-WTP Page 25 of 28 EXHIBIT A EXHIBIT B SPECIFICATIONS CONTRACTOR'S BID FORM 12242 SOLAR SALT-FINAL-WTP Page 26 of 28 Xl. SAMPLE CERTIFICATE OF INSURANCE WITH ADDITIONAL INSURED ENDORSEMENT AC©RICA CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) CURRENT DATE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION 18 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER INSURANCE AGENT ISSUING CERTIFICATE INSURED Entity Insured Address COVERAGE CERTIFICATE NUMBER: CONTACF INSURANCE AGENT INFORMATION SHAME' PHONE L�iXc.t�gl:_ INSURERS) AFFORDING COVERAGE INSURER A: A-VIII OR BETTER, ADMITTED CARRIER INSURER B: INSURER C: INSURER D: INSURER E: INSURER F (EVISION NUMBER. MAILY ..... THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR E LIMIT APPLIES PER: PRO- JEC7 I 1LOC AUTOMOBILE UABIUTY X ANY AUTO _..._, OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED _..._-. AUTOS ONLY � AUTOS ONLY UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE OED I RETFNTIO, POLICY NU POLICY NUMBER POLICY NUMBER START DATE STOP DATE START STOP DATE DATE COMPENSATION OYERY LIABILITY t1L1i?t§�q' rl1T&;iG`£)CF ERATI YI NIA POLICY NUMBER START STOP GAP/ EL ONLY DATE STOP DATE IMIT EACH OCCUR PREMISES MED EXP IAny on mink, PERSONAL & ADV INJURY : GENERAL AGGREGATE PRODUCTS- COMP/OP AGG 2,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 tsM919 SINGLE LUh1T $ 2,000,000 BODILY INJURY (Per person) S HODILY optRNJURY (Per _ 4 � E cideny $ LY IPer EACH OCCURRENC AGGREGATE 'E13 i G& CH ACCIDENT EL DISEASE -EA EMPLOYE! E L DISEASE - POLICY LIMIT 1,000,000 $ 1,000,000 $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 1131, Additional Remarks Schedule, may be attached If more apes° Is required) The City of Yakima, its agents, employees, authorized volunteers, elected and appointed officials are included as Primary/Non-Contributory additional insured. See attached Additional Insured Endorsement. CERTIFICATE HOLDER City of Yakima Purchasing Department 129 N. 2nd St, Yakima, WA 98901 ACORD 25 (2018/03) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE SIGNATURE 1988.015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 12242 SOLAR SALT-FINAL-WTP Page 27 of 28 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - O NERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): The City of Yakima, Its agents, employees, authorized volunteers, elected and appointed officials are included as Primary/Non-Contributory additional insured. Location(s) Of Covered Operations IInformation required to complete this Schedule, if not shown above will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injurr, "property damage" or "personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. CG 20 10 07 04 B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury' or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. ISO Properties, Inc., 2004 Page 1 of 1 12242 SOLAR SALT-FINAL-WTP Page 28 of 28 VENDOR'S BID RESPONSE Bid 12242 Solar Salt Extra Coarse City mYYakima NOTICE TO BIDDERS B/012242 Notice in hereby given by the undersigned that electronic sealed Bids will be accepted via Pub|icPurchase.uom until the hour of 11:00:oo AM PST on September 16, 3022. Bids will be publicly opened in Yakima City Hall, Council Chambers, 129 N. 2ndStreet, Yakima, Washington 98901. Atsuch time, Bids will bepublicly read for: Solar Salt, Extra Coarse Instructions to register with Pub|icPurchasezom are available at The City of Yakima reserves the right to reject any & all B|Ds. The City hereby notifies all Bidders that it will affirmatively ensure compliance with WA State Law Against Discrimination (RCVV chapter 49.60) & the Americans with Disabilities Act (42USC1J1O1etaet.) Dated September 2,2O22. Publish onSeptember 2&4'2U22 Susan Knotts,CPPO,[PP8'N|GP'[PP 8uyerU 1224ZSOLAR SAO-F|NAL-WT Page 1of 28 CITY OF YAKIMA INVITATION TO BID 12242 SIGNATURE SHEET THIS /8NOT AN ORDER BID Release Date: September 2, 2022 Bid Receipt: Bidders must first register with PubUnPurchaoe.00m and Bid uhd| be completely uploaded into PuWinPu,ohmoo.oum no later than the date and time listed hn|mw. Register as early as possible and do not wait until the due dote to upload your documents, as this may take some time. Late Bids will not be accepted or evaluated. If you try to submit a Bid |ato, the electronic system will not receive it. Bid openings are public. Bids shall be firm for acceptance for ninety (8U) days from date of Bid opnning, unless otherwise noted BIDS ARE ONLY RECEIVED THROUGH P0BLKCPKJ&KCHASE,COM Purchasing For: City ofYakima Water Treatment Plant 08SOUSHighway 12 Yakima, WA 98908 Buyer incharge of this procurement (Contact formrtxo |nmnnanvn): Susan Knotto.CPPCJ'CPPB. N|GP'CPP BuyarU Bids Must be completely uploaded by: Public Opening Rl Phone E-Mail Address (509)575-6095 9usmn'Knotts@YaWnmayV@/Gov PROJECT DESCRIPTION SUMMARY Solar Salt, Extra Coarse Enter Prompt Payment Discount: N/A %net VVo/| will complete delivery within 3-5 days after receipt of Delivery Details: FOB Destination, Freight Prepaid, Inside Delivery required n\hereby acknowledge receiving addmndumm(a) , (use as many spaces as addenda received) In signing this Bid wmalso certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action inrestraint offree 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 ofBids hoany other Bidder urcompetitor; that the above statement inaccurate under penalty ofperjury. Furthermore, the Washington State |ntmdocm| Cooperative Act (RCVV38.34) 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 Newco 'dh8 Cascade Columbia Distribution Co. Company Address 6900 Fox 'S' Seattle, WA 98108 Name mAuthorized Company Representative (Type mPrint) Lance Jones Title Municipal Contracts Manager Phone (206 )282-6334 Fax (206 )282-6330 Signature ofAbove 9/8/2022 Email Address lancej@cascadecolumbia.com 12242SOLAR 5ALTf|NAL-WTP Page 2of28 1. Contents 1. Contents U` Invitation toBid #12242 1. Purp¢ae------ ,,__,5 2. Contracting Agency and Point of Contact_=~.~~~ ............. _~-~.............. ~._--~=_=6 3 N�wandUnuoed ~°_" -_ __^_ 5 ---~^.,.~_~°._~�_._ ~~_~.~ _ ~-_.~_~�_^�._-_'-^---~__~ 4. Boat Modern Practices ... ^-............ _5 5. EquakApprovedEquo| '~=........ ~__~...... ^....... ,^5 G. ExcepUons~^............ ^_~~....... ~~°............. ~~~,_____°~�°___^_�,�_�__ 7. More orLess 8 8. Published List Prices ...... "_"_._-~~-~~~...... _~.~,^`___^_-��^_~_G S. De|k/ory/Comp|odon ._____,_,__~_______�____~.__-=_`=...... 6 10. Delivery Acceptance .......... _=............... .................. G 11. Delivery ofUnapproved Substitutions .......... ~-~^_............. _^_^_G 12. Contract Term ........... ^_=,=^_~°..... ~,,_-,...... ._-_~,~',^.°__°~~._,G 13. Pricing and Discount .`~__.~_7 14. Price Clarifications �_........ ___ ...... ~_............. ...... °,_.___^--~7 15. Price Increases .................................................. °_-^-~°...... ~-~._.-^-'^~~~_=....... ^_._._7 16. Price Decreases ....... 8 17. Expansion Clause � � ....... °^°,"==__~~......... 8 18. Warranty ~`~^_~~_~~°=......... _....... .__~-^=-^-.--_..~-~.~..~_~8 19. Warranty Coverage �t^_._.......... _~�"~�~_^_-^_�_...... __~',_8 20. Permits ........................................................ -....... ............. _-_.._.~.~~~-~^_^^._.B 21. Regulations and Codes ..~._._~........... ~~~~~~-~^^.~.~_-8 22. Prompt Payment ......................................... °.................... -~.......... 9 28. Payments ...... ........,~___-.~,~~°__".__.-_.~.9 24. Payment;Wothnd-Credit Card Acceptance .... ....... _,`_�___��~_~..._^........ S 25. Acceptance ofTonns,=....... -.=-.......... .~,~~_°_.~.......... _~=,_~__°....... _~°~Q 26. Sales Tax--------------- ._=~..__ _Q 27 Tax Revenues ...................................... _9 28. Clarifications and/or Revisions to Specification and Requirements ... ....... =._-10 29. Incurring Costs ...... 10 30 No Obligation to Contract ......... .^_-_.^°_............ 1D 31. Retention ofRights -. �., 10 32 Points Not Addressed � 10 33. Other City Departments/Like Items Added ..... .^.~.-..._~^~-`_^~,_~~_°_~_"~~-~^_~-_-....» iO 34. Materials Bought from Different Supplier ........... ~__.,___,__ .............. 1U 36. Errors and Omissions 1ZZ4ZSOLAR 3ALTf|N4L-WTP , 11 Page 3 of 28 Ui 1. Specify Manufacturer ....... _�,....... _......... __11 8. Hazardous Materials ............ ~_~_,~~_._.~^~~,_~_._~^................ ~........ .......... _-^._12 -^ 4. Spill Clean Up ... ��_�_�--r__--«_�_........ ~_--__�,_-'-....... ...... 12 S. Inspection and Rejection ......._�_=_.--._--~~~._�J2 |V. PREPARING AND SUBMITTING ABID _-_...... ...... -.~~~._.^~~.._^... 12 1. General Instructions ......................................... __~__....... .......... -.._.~�12 2. Submitting m Bid ... _.~~~_.°-_~^.~-......... ~... ........ ,_°~-,_-°.-.*~.-__°^~.,_°.~._°°........ ~-~~.'~_12 3. Prohibition ofBidder Terms 8Conditions ....... ......... v__,_._~_,_~_.v_._^......... ~...12 4. Multiple Bids `,~,__,,-~,==_,°=-__�_~�~°n.......... ^_~........ __~.=~~._~~,,__13 5. Withdrawal of Bids ...... m~........... ___.w.=~~_-~~..~.13 V. 1. Bid Evaluation 13 2. Offer inEffect for Ninety ()8)Days ................ _____�____�_............... ^_...... _.__~-~.~^^-._=~13 3. Protest Procedure - 13 VI_ TECHNICAL GPEC|F|CATiONS------------ -~-_==......... ..°_'_~"~...... 14 VU. BIDDERS CHECKLIST 15 V1U. BID FORM ,"^ 16 DL BIDDER QUESTIONNAIRE ................................ 17 X . SAMPLE CONTRACT ................................................. 18 X1. SAMPLE CERTIFICATE OF INSURANCE WITH ADDITIONAL INSURED ENDORSEMENT ............................... - 27 1ZZ42SOLAR SALTf|NAL-VvTp Page 4uf28 IL E ' is I F TI INVITATION TO BID #12242 Solar Salt, Extra Coarse 1.. Purpose It is the intent and purpose of these specifications to describe Solar Salt Extra Coarse (Sodium Chloride NaCI) 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. Best Modern Practices All work, including design, shall be performed and completed in accordance with the best modern practices, further, no detail necessary for safe and regular operation shall be omitted, although specific mention thereof may not be made in these specifications. 5. Equal/Approved Equal These specifications are intended to be precise where a specific make, model or trade name is requested. Whenever a make, model or trade name is used, it shall be that or equal, or approved equal. Equal or approved equal means that the make, model or trade name will be given consideration if they fulfill the same performance requirements. The City reserves the right to make the decision on acceptability. Each bidder shall clearly identify make, model or trade name of equipment bid on the bid form. Any equipment proposed as an equal to that herein specified must be substantiated with supporting data to justify such request for substitution. 6. Exceptions Specifications of the equipment bid shall be equal to or better than the specifications stated herein and all exceptions to these specifications shall be so listed on a separate sheet headed "EXCEPTIONS TO THE SPECIFICATIONS". Any Bid submitted without exceptions will be required to meet every detail of these specifications regardless of cost to the successful bidder, including the cost to meet the insurance requirements. Where "NO EXCEPTIONS" are shown, none will be allowed. No exceptions will be considered that may tend to devalue the equipment or give an individual bidder who is offering a lesser item a distinct advantage. 12242 SOLAR SALT-FINAL-WTP Page 5 of 28 7. More arLess 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 ofrequirements 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 bethe prices paid during the life ufthe 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 ofdeUvery/comp|etion is important and will beconsidered inthe evaluation ofthe Bids. Failure toinclude aspecific number ofcalendar days may besufficient grounds for rejection ufBid. On -site delivery is Required; FOB Destination 5 business days ARO, following placement of order. Time of delivery is important and will be considered in the evaluation of the Bids. Failure.. to be.lab.le, to deliver Extra Coarse Solar Salt, '.imibulk as described in this solicitation with|m5.buaness days may besufficient grounds for rejection of B&d- De|iveryto be bulk by pneumatic method and delivery vehicle must have its own air supply with hose and fittings toconnect toasteel 4"male cam lock. 10' Delivery Acceptance Delivery will be accepted by the City of Yakima FOB Destination; City of Yakima Water Treatment Plant, 6390 0S Highway 12, Yakima, Washington, 98908, inside delivery, between the hours nfO:0O a.m. and 3:00 p.m. Monday through Friday, ready for regular and safe use. Delivery ' Contact: City ufYakima Water Treatment Plant Attn: Jeff Bond (509) 575-6177 6390 US Hwy. 12 Yakima, WAO8408 11' Delivery ofUnapproved Substitutions Contractors are authorized to ship only those items ordered covered by the contract. If 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 Otyquote/bid list for o period ofuptothree (3) years. 12. Contract Term See Section 3ofContract 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. 12242SOLAR 5ALTf|NAL-vVTP Page 6 of 28 13. Pricing and Discount PricingPricingi Pricing shall be prepared with the following terms. The successful Bidder shall provide and bear the expense of all equipment; work and labor of any sort whatsoever that may be required for the transfer of materials/product and completing the work provided for in this Bid and every part thereof, except such as are mentioned in the specifications to be furnished by the City of Yakima. Surcharges for fuel, delivery/hauling, hazardous material disposal, environmental fees or similar will not be allowed. Relevant charges for these items shall be included in the base bid price. All successful Bidders are subject to the minimum insurance requirements as outlined in the sample contract. BIDDERS MUST INCORPORATE THE COST TO COMPLY WITH THE INSURANCE REQUIREMENTS IN THE BID PRICE. Requests for lower insurance limits will be denied. 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. 14. Price Clarifications The City reserves the right to clarify any pricing discrepancies related to assumptions on the part of Bidders. Such clarifications will be solely to provide consistent assumptions from which an accurate cost comparison can be achieved. Unit prices shown on the Bid or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as stated on the bid form. For any given item, the quantity multiplied by the unit price shall establish the extended price, the unit price shall govern in the Bid evaluation and contract administration. 15. Price Increases Requests for Rate Increases must be delivered to the Buyer listed on Page 2, in accordance with the rules below. 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. 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. A. Discount from Manufacturer List Pricing: For all contract items that are priced as a discount below Manufacturer List prices, there shall be no changes to the discount rate throughout the life of the contract. As manufacturer list prices change, the net price to the City will automatically change in the same percentage as the discount rate to the City. B. Fixed Product Pricing: For product and supply contracts that provide on -going, multiple year supply. Original pricing shall be fixed and firm for the first year of the contract. Price requests are at the discretion of the Purchasing Manager; and must also be: 12242 SOLAR SALT-FINAL-WTP Page 7 of 28 a. The direct result of increases at the manufacturer's level (or if Bidder is a supplier of raw nnoteho| delivered directly tuthe City such as brass, the increase must be verified atthe supplier |eve|). b. Incurred after contract commencement date. C. Not produce mhigher profit margin than that onthe original contract. d. Clearly identify the items impacted bythe increase. e. Be filed with Purchasing Manager a minimum of thirty (30) calendar days before the effective date ofproposed increase. f. Be accompanied by detailed documentation acceptable to the Purchasing Manager sufficient towarrant the increase. 8. Should not deviate from the original contract pricin8scheme/methodo\u0y. The United States published indices such as the Producer Price Index o, other government data may be referenced to help substantiate the Contractor's documentation. The PP| Commodity Data is available at The adjustment (if any) shall remain firm and fixed for at least 365 days after the effective date of the adjustment. |fnoadjustment is mutually agreed upon; the contractor may provide a 80'day notice tocancel for convenience. 15. Price Decreases During the contract period and any renewals thereof, any price declines at manufacturer's level shall be reflected in a reduction of the contract price to the City, retroactive to the date they were effective to the bidder. 17. Expansion Clause Any resultant contract may befurther expanded bythe Purchasing Manager inwriting toinclude 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, ifboth parties agree. 18. Warranty Unless otherwise specifically stated by the Bidder, all goods and services furnished shall carry standard warranty coverage furnished by the trade in general and be warranted against defects or faulty workmanship and materials bythe Vendor. Warranty shall include all costs incurred, including shipping, for repair or replacement except that which isdamaged bymisuse orabuse. Vendor warrants that all goods and services furnished under this Agreement, 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, all appropriate instructions or warnings are supplied, and are fit for the intended purpose of which such goods and services are ordinarily purchased and if a particular purpose is stated in a Special Condition, the goods are then warranted asfor that particular purpose. |fadefect isfound, acomponent 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 from the date it is delivered. All implied and expressed warranty provisions of the Uniform Commercial [ode are incorporated into this Agreement. Vendor further warrants that no violation of any federal, state or local law, statute, rule, regulation, ordinance or order will result from the manufacturer, production, sale, shipment, installation or use of any other goods. Vendor's warranties (and any more favorable warranties, service policies, or similar undertaking of Vendor) shall survive delivery, inspection, and acceptance of the goods or services. 19. Warranty Coverage Warranty coverage will not commence until the date the completed order is put into service as reported by the City; or thirty (30) days after final payment for the unit(s); whichever occurs first. 12242SOLAR SALTf|NAL-VVTp Page 8of28 20. Permits All necessary permits required to perform work are to be supplied by the Contractor at no addition cost to the City. 21. Regulations and Codes To the extent applicable, all equipment and/or materials/products shall comply with Washington State vehicle regulations, Federal regulations, OSHA and WISHA requirements, to include EPA standards and City safety codes. 22. Prompt Payment Bidders are encouraged to offer a discount for prompt payment of invoice. Please indicate your discount proposal on page 2 of this document. If awarded by the City, period of entitlement begins only after: • Receipt of a properly completed invoice Receipt of all supplies, equipment or services ordered • Satisfactory completion of all contractual requirements 23. Payments Contractor is to submit properly completed invoice(s) to: City of Yakima, Accounts Payable, 129 N. 2nd Street, Yakima, WA 98901. To insure prompt payment each invoice should cite purchase order number, bid number, description of item purchased, unit and total price, discount terms and include the Contractor's name and return remittance address. Payment will be mailed within thirty (30) days of (a) the receipt and acceptance of the equipment, (b) properly completed invoice, and (c) all papers required to be delivered with equipment. 24. Payment Method — Credit Card Acceptance The City, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. The City's preferred method of payment is by procurement (credit) card. Respondents may be required to have the capability of accepting the City's authorized procurement card as a method of payment. No price changes or additional fee(s) may be assessed when accepting the procurement card as a form of payment. 25. Acceptance of Terms Acceptance of a City Purchase Order (PO) for any units affiliated with this purchase constitutes acceptance of, and agreement with, all of the general and specific requirements and stipulations listed in this boiler plate, and in the attached equipment specification(s); including all penalties mentioned. 26. Sales Tax The City will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The City is exempt from Federal Excise Tax. Where applicable, the City shall furnish a Federal Excise Tax Exemption certificate. 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. 27. Tax Revenues RCW 39.30.040 allows the City to consider the tax revenue that is generated by a purchase of supplies, materials, and equipment, including those from a local sales tax or from a gross receipts business and occupation tax, it determining which bid in the lowest bid, after the tax revenue has been considered. 12242 SOLAR SALT-FINAL-WTP Page 9 of 28 28. Clarifications and/or Revisions tnSpecification and Requirements If Bidder discovers any significant ambiguity, error, conflict discrepancy, omission, orother deficiency in this solicitation, the Bidder has a duty to immediately notify the Buyer nfsuch concern and request modification or clarification ofthe BID document. Unless instructions are specifically provided elsewhere in this document, any questions, exceptions, or additions concerning the subject matter of the 8|D 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 8|C\ supplements or revisions will be provided to all known Bidders in the form of an Addendum. All Addenda are posted onuwwwv rohasmg and sent directly to interested parties who have registered (per instructions onwebsite) for updates tothis BID. If any requirements of the BID are unacceptable to any prospective Bidder, they may choose not to submit a Bid. 29, 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 ofpreparing and submitting a response, in the conduct ofa presentation, in facilitating site visits orany other activities related toresponding tothis BID. 30. NoObligation toContract This BID does not obligate the City to contract for service(oor 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 theCityshaU8uaranteeaspedficquantityordo||aramountvviUbedisqua|ified(e.8."aU'or-none".) The quantities shown as estimates are not exact and are given for the purpose of comparing Bids upon a uniform basis. Payment will be made only for the quantities actually ordered, delivered, and accepted, whether greater or less than the stated amounts. There shall be no minimum order requirement. Bids that stipulate thattheCityshaUguoranteeaspedficquantityorduUaramountxviUbedisquaUfied(e.8.^aU'opnone") 31. Retention ofRights 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 ofthe City and will not necessarily be bound to accept the low bid. All Bids become the property ofCity upon receipt. All rights, title and interest inall 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. 32. Points Not Addressed Bidders are encouraged to list any points not addressed in these specifications that they feel improve or enhance the operation of their units. 33' Other City Departments/Like Items Added At any time during the term of this contract, or any extension thereof, other City departments may be served under these same terms and conditions. Additional like items may be added at the request of the Purchasing Manager. 34 Materials Bought from Different Supplier Should the 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 1lz4zSOLAR 3ALTF|NAL-VvTp Page 10of20 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, beresponsible for delays indelivery due to: • Unavoidob|emeohanica|breakdom/no • Strikes w Inability tosecure component materials • Acts ofGod • Fine Provided the Buyer listed on Page 2 is notified in writing by the Contractor of such pending or actual delay. in the event ofany delay, the date of delivery shall be extended for a period equal to the time lost due to the reason for the delay. 35. Re -Award When the contract is terminated by the City or the Contractor upon providing the written notice as herein required, the City, may re -award the contract to the next most responsible bidder within 120 days from original award. 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 Bidder. 36. Errors and Omissions The City reserves the right tocorrect obvious ambiguities and errors inthe Bidder's proposal and towaive non- material irre8u|aritiesand/oromioions. |nthis regard, ifthe unit price does not compute tothe extended total price, the unit price shall govern. 37. Changes Any proposed change in this contract shall be submitted in writing to the Buyer listed on Page 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 iyspecifically unauthorized and isnot valid. Ill. SPECI I L I ST CTI 1. Specify Manufacturer Manufacturer specifications shall be included with bid package. Vendor shall specify the manufacturer of products being offered onthe Bid Form. 2. Environmental Standards, Regulations and Codes The City seeks to ensure that all purchases comply with recent environmental standards and product specifications. The USEPAStandards for this product shall be a minimum specification, ifany such standards have been published by the USEPA, and to the extent applicable, all equipment or materials shall comply with Washington State regulations, Federal regulations, OSHA and VV|SHA requirements, City safety codes' and further, no detail necessary for safe and regular operation shall be omitted, although specific mention thereof may not bemade inthese specifications. 1ZZ4ZSOLAR SALTf|NAL-VVTP Page 11 of 28 3. Hazardous Materials If this order covers goods, which include hazardous chemicals, Contractor shall, at the time of product delivery, provide the City with copies of Material Safety Data Sheets for such chemicals. These sheets shall be in the form then required by applicable law or regulation. This requirement shall be in addition to whatever other requirements are imposed by law or regulation. 4. Spill Clean Up The contractor shall be responsible for all costs resulting from spillage attributable to their negligence, which may occur during transit or unloading operations. The Contractor shall immediately report and clean up all spillage. If Contractor fails to perform the above actions, the purchaser shall take corrective action and back - charge the Contractor for all related costs. 5. Inspection and Rejection Cost of inspection on deliveries or offers for delivery, which do not meet specifications, will be for the account of the Vendor. All goods and any services purchased under this Contract and/or Agreement are subject to approval by the City. Rejection of goods or services, resulting because of nonconformity to the terms, conditions, and specifications of this order, whether held by the City or returned, will be at Vendor's risk and expense. IV.P EPt`S 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 VII Bidder's Checklist to ensure your Bid is responsive. Submitting a Bid Bids shall be completely uploaded into Public Purchase.com no later than the date and time listed on Page 2 of this BID. Late Bids will not be accepted or evaluated. If you try to submit a Bid Late, the electronic system will not receive it. If City Hall is closed for business at the time scheduled for opening, for whatever reasons, Bidder's response will be opened on the next business day of the City, at the originally scheduled hour. Bidders must submit their bid electronically through PublicPurchase.com where they will be kept in an electronic lockbox until date and time of opening. To register as a Vendor/Bidder with Public Purchase, go to www.publicpurchase.com or the City of Yakima website at www.YakimaWA.CovjServices/Purchasing, The City is not responsible for late bids due to operator error, electronic malfunction, system errors or interruptions affecting the Public Purchase site and the processing of any bids. The Purchasing Manager reserves the right to make exceptions for extenuating circumstances. Bids are not considered to be confidential per Washington State Public Records Act (RCW 42.56 et seq.) All sections of the response shall be made available to the public immediately after contract opening. 3. Prohibition of Bidder Terms & Conditions A Bidder may not submit the Bidder's own contract terms and conditions in a response to this Invitation to Bid. If a Bid contains such terms and conditions, the City, at its sole discretion, may determine the Bid to be a nonresponsive counteroffer, and the Bid may be rejected. 12242 SOLAR SALT-FINAL-WTP Page 12 of 28 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. 1. EV L TI CT 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. Protest Procedure Any protest must be made in writing, signed by the protestor, and state that the Bidder is submitting a formal protest. The protest shall be filed with the City of Yakima's Purchasing Manager at 129 No. 2nd St., Yakima, WA 98901, or by fax: 509-576-6394 or email to: Maria. Mayhue(cYakimaWA.Gov, The protest shall clearly state the specific factual and legal ground(s) for the protest, and a description of the relief or corrective action being requested. Protests based on specifications/scope of work, or other terms in the BID shall be filed at least five (5) calendar days before the solicitations due date, and protests based on award or after the award shall be filed no more than five calendar (5) days after Award Announcement (see below for details). The following steps shall be taken in an attempt to resolve the protest with the Bidder: Step I. Purchasing Manager and Division Manager of solicitation try resolving matter with protester. All available facts will be considered and the Purchasing Manager shall issue a written decision. Step II. If unresolved, within three (3) business days after receipt of written decision, the protest may be appealed to the Department Head by the Purchasing Manager. Step III. If still unresolved, within three (3) business days after receipt of appeal response, the protest may be appealed to the Executive. The Executive shall make a final determination in writing to the Protester. Award Announcement Purchasing shall announce the successful Bidder via Website, e-mail, fax, regular mail, or by any other appropriate means. Once the Award is released by Purchasing, the protest time frame begins. The timeframe is not based upon when the bidder received the information, but rather when the announcement is issued by Purchasing. 12242 SOLAR SALT-FINAL-WTP Page 13 of 28 Award Regardless ofProtest When ovxritten protest against making onaward is received, the award shall not be made until the matter is resolved, unless the City determines that one ofthe following applies: • The supplies orservices tobecontracted for are urgently required; • Delivery or performance will be unduly delayed by failure to make award promptly; • Aprompt award will otherwise beadvantageous tothe 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 beconstrued to limit that authority many 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 o contract with the successful Bidder. Bidders must accept or submit point -by -point exceptions along with proposed alternative oradditional language for each point. The City may ormay not consider any nfthe Bidder's suggested revisions. Any changes oramendment toany ufthe Contract Terms and Conditions will occur only ifthe change isinthe best interest ofthe City. V1.TEC- � IC il L SPECIFIC � TI 41 The Bidder must provide a detailed description of each major component of their proposed product/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 o 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—Expanadon. The Bidder's product partially satisfies the requirement and an explanation ixincluded inthe 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 ofthe Bidder's base products. The following Technical Specifications Analysis shall be answered with a Y of N. Checking "NCronany item will not necessarily disallow a Bid. The City shall be the sole judge astowhether 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 TODOSOWILL BECAUSE FOR REJECTION DFSAID BID SUBMITTAL. SOLAR SALT EXTRA COARS TECHNICAL ANALYSIS FORM Item Specification 'W4°0bfc,wo^ Must meet AVVVVAStandard 82OO'O3,oras per most recent revision and ANSI/NSF Standond6O. �t6n 01dre �or Delivery tobebulk bvpneumatic method and delivery vehicle must have its own air supply with hose and fittings toconnect toasteel 4~ male cam lock. [�l All deliveries 1mbemade within FIVE (5) business days, or less, from the date order is �� placed and delivered on -site nolater than 3:OO cz PMonthe day ofdelivery. r. . ' OR� Eac h ` [� u VII. BIDDERS CHECKLIST Comments 1. Bidder must complete and upload aspart oftheir Bid submittal, all required forms listed below in accordance with Section III ' Preparing and Submitting aBid, * � � w Signature Page Technical Specification Analysis Form Bid Form Bidder Questionnaire Page PaQe1S Pagel6 PaQe17 1%24ZSOLAR SALTf|NAL-WTP Page 15uf28 VIII. BID FORM INVITATION TO BID NO. 12242 SOLAR SALT EXTRA COARSE 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: Unit prices bid shall be net exclusive of all taxes; and must include all transportation, delivery and unloading costs. All deliveries must: • Be fully prepaid, F.O.B. Destination, inside delivery, • Be made within FIVE (5) business days or less from the date the order was placed, • Delivered on -site no later than 3:00 PM on the day of delivery, and • Delivered in bulk by pneumatic method with delivery vehicle having its own air supply, hose, and fittings to connect to a steel 4" male cam lock. Item No. 1. Description Basis of Bid to be per net ton of 2,000 lbs. of Solar Salt Extra Coarse, delivered in bulk 23 ton, more or less. Solar Salt Extra Coarse (Sodium Chloride) NaCI, 99.6% purity, 66 — 74 pounds per cubic foot. Qty 165 Tons Price Per Unit Total Price without tax) $ $376.60/ton $ $62,139.00 SUB TOTAL $62,139.00 Freight FOB Destination, Prepaid, Inside delivery, 5 days ARO WA STATE SALES TAX — Destination Based @ 8% $ $4,971.12 TOTAL $ $67,110.12 LIST DISCOUNT OFFERED OFF LIST PRICE FOR ANY OTHER ITEMS NOT SPECIFICALLY LISTED N/A 12242 SOLAR SALT-FINAL-WTP Page 16 of 28 • ESTI E INSTRUCTIONS: Provide the requested information, sign and date. If the City requires further description, the City may request Bidder to provide such information within a mandatory due date. You must submit this completed form to the City with your Bid. Failure to submit this form fully complete, may result in disqualification of Bid. Bidder's Legal Name: BIDDER INFORMATION Newco Inc. Company's dba: (if applicable) Cascade Columbia Distribution Co. CEO/President Name: Business License No. Robert Code Phone (206) 282-6334 UBI No. 600 109 981 Federal EIN No. Toll Free Phone 91-0904432 FAX (206) 282-6330 E-Mail Address Iancej@cascadecolumbia.com Mailing Address 6900 Fox Ave. S. City Seattle Physical Address 6900 Fox Ave. S. City State WA Zip + 4 98108 Seattle State WA Zip + 4 98108 Name the person to contact for questions concerning this Bid Proposal: Name Lance Jones Title Municipal Contracts Manager Phone (206)282-6334 FAX (206)282-6330 Mailing Address 6900 Fox Ave. S. Toll Free Phone ( ) E-Mail Address lancej@cascadecolumbia.com City Seattle State WA zip + 4 98108 Physical Address 6900 Fox Ave. S. City Seattle State WA Zip +4 98108 12242 SOLAR SALT-FINAL-WTP Page 17 of 28 � LE C � CT AGREEMENT CITY OfYAKIMA B8J12Q42 SOLAR SALT EXTRA COARSE THIS AGRGGMGNT, entered into on the data oflast execution, between the City of Yakima, e Washington municipal corporation ("City").and ("Contractor"). WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows: 1. Statement of Work The Contractor Sh8U provide product and oedhOm all work and service(s) and furnish all tools, materials, labor and equipment (collectively referred k>uo"Somi000") according tOthe procedure outlined in Bid 12242Solar Salt Extra Coarse Specifications which are attached an Exhibit A, and the most recent edition of the ANG|A\STM/NSR and AVVVVA St@Od8ndS, all of which are incorporated herein by this reference, and Sh3|| perform any o|tonot|ono in or additions to the work provided under this Contract and every part thereof. Delivery of each load oh8U be 5 days ARO, after receipt of order, with |nG|do Delivery F.O.B. Destination, City of Yakima Water Treatment Plant before 3:O0 PK8 PT. 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 Ofmaterials and completing the work provided for in this Contract and every part thereof, except such 88 are mentioned in the specifications hxbofurnished bythe City OfYakima. 2. Compensation The City agrees topay the Contractor according toExhibit B.attached hereto and incorporated herein, which Exhibit includes the deliverables and payment schedule of itemized prices as listed in the Contractors 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 aperiod ofone (1)year from its effective date. The City may, at its option, extend the Contract onayear h3year basis for up10four (4) additional years. Contract extensions shall beautomatic, and shall guinto 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'Ssatisfaction prior tnany 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 @. Neither the City, nor the Contractor, oho|| assign, transfer, or encumber any rights, duties, or interests 8CCDjng from this Contract without the prior written consent ofthe other. b. The Contractor for himself, and for his hoing. executors, administrators, SucC8SS0nS. and opo|gno, does hereby agree to the full performance ofall the covenants herein contained upon the part of the Contractor. 12Z42SOLAR 5A[FF|NAL-WTp Page 20of28 6. Property Rights All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be surrendered to the City upon demand. All information concerning the City and said project which is not otherwise a matter of public record or required by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at any time disclose that information without the express written consent of the City. 7. Inspection and Production of Records a. The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the City, but the making of (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non- complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe, and 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 contamination and defects in material and workmanship. Any contaminated or defective materials received will be replaced at the Vendor's expense at the time the defective product is discovered. 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. 12242 SOLAR SALT-FINAL-WTP Page 19 of 28 o. Contractor must provide proof ofavalid Washington Unified Business Identification KJBA number. Contractor must have auunon( UB| number and not be disqualified from bidding on any public works contract under RCVV39.O0.010o[ 39.12.085(3). d. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50 RCW. e. Although the City does not require foreign corporate proposers to qualify in the City, County V[State prior hmsubmitting aproposal, it isspecifically understood and agreed that any such corporation will promptly take all necessary measures to become authorized to conduct business in the City of Yakima attheir own expense, without regard to whether such corporation is actually awarded the contract, and in the event that the award is made, prior Voconducting any business inthe 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 ohantat|un, gender identity, pregn8ncy, veteran's otatuu, political affiliation or belief, or the pnBSenC8 of any manuury, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act /42 U8C 12101 atonql This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, |8voff or termination, rates Of pay or other forms of onmponm8kion. selection for tx@ining, and the provision of Services under this Agreement. In the event of the Contractor's noncompliance with the non-discri m i nation clause of this contract or with any such rules, regulations, or orders, this Contract may be ounooUod. 1onninatnd, or suspended in whole Or in part and the Contractor may be declared ineligible for any future City contracts. 13. 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 infnnn8Unn ofother employees or applicants as 8 part of their essential job functions cannot diSo|000 the pay of other employees orapplicants hn individuals who do not otherwise have access tncompensation information, unless the disclosure is (8) in n8Sponno to u formal complaint or charge, (b) in furtherance of on investigation, pmCnnding, hearing, or action, including an investigation conducted bythe employer, Or(o) consistent with the contractor's legal duty tOfurnish information. 13. Indemnification and Hold Harmless a. Contractor shall take all necessary precautions in oodhnn|ng the Services to prevent injury to persons nrproperty. The Contractor agrees to m|oeoo, indamndy, defend, and hold harmless the City, its elected and appointed offici8|S, o#|oena. employees, 8OSnt8' r8pre88ntativao, inoumna, ottnmnyn, and volunteers from all Uab||it|oe. |000as. damages, and expenses ne|ehmd to all doimu, uuito, arbitration actions, |nvouUgut|nns. and regulatory urother governmental proceedings arising from or in connection with this Agreement nrthe acts, failures to act, errors or omissions of the Contmotur, or any Contractor's agent or subcontractor, in performance of this Agreement, except for claims S@uaod by the City'S oo|o negligence. The Qtv'm right to indemnification includes e#n[n8y'S fees costs associated with establishing the right toindemnification hereunder |nfavor nfthe 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 RCVV.solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount ofdamages, compensation or benefits p8y8h|o to or by any third party under workers' compensation 8ct3, d|oaUU|h/ benefit acts orany other benefits acts nrprograms. Contractor shall require that its subcontractors, and anyone directly nrindirectly employed or hired by Contractor, and anyone for whose acts Contractor may be liable in connection with its performance of this Aoreomont, comply with the terms of this paragraph, vvoiva any immunity 122425OUAR SALT-FINAL-WTP Page 20 of 28 granted under Title 51RCW, and assume all potential liability for actions brought bvtheir respective employees. The Parties acknowledge thothevhave0utuallyn this waiver. o. Should acourt nfcompetent juhSdictiondetnnn|nHthatth|sAomom8Ot|oaubj8ctk>RCVV4.24.115'thon,inthoeveO( Ofliability for damages arising out ofbodily injury hoporGOnoordamagaS03pmpedvnaum8dbyurr8Su|t|nQhnmthn concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, shall boonly k)the extent ofthe Contractor's negligence. d. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any third party. e. The terms of this Section shall survive any expiration or termination of this Contract. 14. Contractor's Liability Insurance At all Um8S during performance of the Gomic8S and this Contract, Contractor shall onnUnR and maintain in effect insurance to protect the C|h/ and Contractor from and against any and all o/aimS, d80ago8. losses, and expenses arising out of or resulting from the performance ofthis Contract. Contractor shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The City reserves the right to require higher limits should it deem it necessary in the best interest ofthe public. Contractor shall provide @ Cert|UC81B Of |noUn8noe 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 orfailure ofCity to identify 3 deficiency from the insurance documentation provided ShGU not be construed as a waiver ofContractor's obligation to maintain such insurance. The following insurance |orequired: n. Commercial Liability Insurance Before this Contract is fully executed by the porties. Contractor shall provide the City with e certificate of insurance and additional insured Sndnmem8Obo as proof of commercial |i@bi||h/ insurance with 8 minimum Uob||dv limit oyTwo Million DOU3no ($2,000'000.00) per occurrence, combined Single limit bodily injury 8nd property damage, and Two Million Dollars ($2'000,000.00) general aggregate. K Contractor carries higher coverage limits, such limits shall be shown on the Certificate OfInsurance and Endorsements and the Cdv, its elected and appointed officials, omp|Oy8nu. agents, attorneys and volunteers SheU be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the oov8n8g8 omoUOL the policy number, and when the policy and provisions provided are in effect. Said policy uh8U be in effect for the duration of this Contract. The certificate of insurance and additional insured 8OdnmomontS Sh8|| n8nOS the City of Yakima, its elected and appointed officials, employees, agents, 88D0ayg and volunteers as additional insureds, and Sh8U contain 8 d8USu that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance Sh3U be with an insurance company orcompanies rated A'V|/ or higher in 8enyo Guide and admitted in the State of Washington. The requirements contained herein, as well as City ofYakim8'n review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities 0[obligations assumed byContractor 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 Ofautomobile liability insurance with @ minimum liability limit OfTwo 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 offioialn, amp|uyoeu, ugenhg, attorneys and volunteers shall be named as edd|U003| insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage @moUOt, 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 offio|a|o, emp|oyaau, agonto, attorneys and volunteers as additional innuredm, and shall contain oo|ouoo 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+V|| or higher in BeSCu Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Y3hima'o review or acceptance of insurance 12l42SOLAR 3ALTf|NALVVTp Page 21of28 maintained by Contractor is not intended to and shall not inany manner limit mqualify the liabilities mobligations assumed by Contractor under this contract. The bua|nooa auto liability shall include Hired and Non -Owned coverage if necessary. n. Employer's Liability (Stop Gap) Contractor and all subcontractor(s) shall atall times comply with all applicable workers' compensation, VCoupat|nn8| dioeame, and occupational health and Safety \owo, statutes, and nagu|8kiDnS to the full extent applicable, and shall maintain Employer's Liability insurance with 8 limit OfnO less than $1,000'000.00. The City shall not be held responsible in any *my for o|o|mo 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 C|3|ms resulting from negligent 8oto of all uubunOtramtor(S). Contractor is responsible to ensure SubCOOt[8ctDr(S) have insurance as needed, Failure of SubSVntraC0xnG(s)03comply with insurance requirements does not limit Contractor's liability O[responsibility. d. Pollution Liability /t least as broad as that provided under ISO Pollution Liability ' Broadened Coverage for Covered Autos Endorsement CA 9948 shall be provided and the Motor Carrier Act EnUomnmant(W1CG 80) shall be attached and required after award and must cover all vehicles tobe used with this contract. Commercial General Liability: Combined Single Limit: $20UO000Per Occurrence $2.00O.00OAnnual Aggregate Automobile Liability $2.00O,0OOPer Occurrence Contractor's insurance coverage shall beprimary insurance with respect to those who are Additional Insureds under this Contract. Any iOSu[8Oce' self-insurance or insurance pool Cov8[8g8 maintained by the City mh8|| be in excess of the Cun1muto/8 insurance and neither the City nor its iOSun8Ono providers shall contribute to any settlements, defense 000tx, or other payments made by Contractor's inuun8Onn. 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 toterminate the Contract. 15. Severability Ifany term orcondition of this Contract or the application thereof toany or circumstances is held invalid, such invalidity shall not affect other terms, conditions o[applications which can tegiven effect without the invalid term, condition orapplication. Tothis end, the terms and conditions of this Contract are declared severable. 16. Contract Documents This Contract, the Invitation to Bid 12242 Solar Salt Extra Coarse Scope of VVOrk, conditions, addenda, and modifications and Contractor's proposal 8o 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, 129No. 2nuGC.Yakima, WA, 88901.and are hereby incorporated byreference into this Contract. 17. Termination Termination for Cause In the event the Contractor b[S8chGS 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 bn88Ch within 30 days of this |nthe event ofthe City breaches this Contract, the Contractor may terminate the Contract at its sole discretion insuch event that it provides the City with written notice of City's breach and the City fails to cure its breach of the Contract within 60 days of this notice. 1ZI4ZSOLAR 3ALTf|NAL-WTP Page 22of28 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 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. 12242 SOLAR SALT-FINAL-WTP Page 23 of 28 20. Force M' 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 C|h/ 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 10the 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 ofChange |nFinancial Condition If, during the Contract Term, the Contractor experiences @ohange in its financial condition that may affect its ability to perform under the Contract, or experiences achange ofownership 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 berendered |nwriting and signed by both n8Sp0nSih|a parties; no changes without such signed documentation Sh8U be valid. No alterations outside of the gono[8| scope and intent of the original Request for Bids or in RxCeSS Of 8UVw8b|o and accepted phC8 changes uh8|\ be made. In no event Sh8U the Contractor be paid or be entitled to payment for services that are not authorized herein or any properly executed amendment. Notice of Business ChanQes. 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 iOwriting 8ssoon aspossible, and in no event later than three (3) business dayo, after any decision by the Contractor to Change or discontinue service that will affect services provided hothe 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 homunder. or n2nd8nS performance, enforcement or compliance with the totality of the Cun(noot impossible, patently unreasonable, or unnecessary. Nnt|000 and demands under and m|otod to this Contract shall be in writing and sent to the parties 8ttheir addresses as TO CITY: Jeff Bond Water Treatment Plant Supervisor City OfYakima 0390UGHwy. 12 Yakima WA, 989O8 COPY TO: TO Guu8OKnmtto BuynrU , City ofYakima 129North 2mStreet Yakima, WA 98901 26. Survival The foregoing sections nfthis Contract, 1-28inclusive, shall survive the expiration n[termination ofthis Contract iOaccordance with their terms. IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written. CITY OF YAKIMA City Manager Date: [ENTER CONT CTOR NA E] By: Date: Attest: (Print name) City Clerk 12242 SOLAR SALT-FINAL-WTP Page 25 of 28 EXHIBIT A EXHIBIT B SPECIFICATIONS CONTRACTOR'S BID FORM 12242 SOLAR SALT-FINAL-WTP Page 26 of 28 XI. SAMPLE CERTIFICATE OF INSURANCE WITH ADDITIONAL INSURED ENDORSEMENT AC[7RLY CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) CURRENT DATE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER INSURANCE AGENT ISSUING CERTIFICATE INSURED Entity Insured Address rtgMECONTACT;. INSURANCE AGENT INFORMATION . PHOiIE ro INSURER S AFFORDING COVERAGE _INSURER A: A-VIII OR BETTER, ADMITTED CARRIER INSURER B;� INSURER C : INSURER D INSURER E: INSURER F : NAIC M COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, TN TYPE OF J,NSD wtVO POLICY 4C�18�rft teiMT�_ tMM,VtfA1YYYX1 ,BEAM@OOP Y'YB COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Ixl OCCUR , GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- I LOC JECT OTHER, x! AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED .._� AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY UMBRELLA LIAR EXCESS LIAB MD C RETENTION$ OCCUR CLAIMS -MADE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOW??ARINEE CLITA/ (Me,CEtiPMEMIIEREXOLUD?D? (Mandatary In NH) Il vas Wrar�r o akl uot OF.SdRIPTRI N OF OPPRAT(ON$ pubes YIN POLICY NUMBER POLICY NUMBER NIAi POLICY NUMBER II6 STOP GAP/ EL ONLY START DATE START DATE ,START DATE STOP DATE STOP ,DATE STOP DATE LIMITS $ 2,000,000 ,,PRFMISES(Fa accdrranrs)._�$ 100,000 'r1ATA7fGEACH OCCURRENCE 1�TYi1'FE MED EXP (Any one person) I $ 5,000 PERSONALS ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMP/OP AGG $ 2,000,000 ii,tlMtt!N L)SINGLE LIMIT CI ncMon() BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE _LPstsxt?.Ileei) EACH OCCURRENCE AGGREGATE $ 2,000,000 " PER - x' CRH- - E L EACH ACCIDENT q L DISEASE- FA EMPLOYEE E L DISEASE- POLICY LIMIT $ 1.000.000 $ 1,000,000 $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more apace la required) The City of Yakima, its agents, employees, authorized volunteers, elected and appointed officials are included as Primary/Non-Contributory additional insured. See attached Additional Insured Endorsement. CERTIFICATE HOLDER CANCELLATION City of Yakima Purchasing Department 129 N. 2nd St. Yakima, WA 98901 ACORD 25 (2018/03) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE SIGNATURE Q 1988-2015 ACO The ACORD name and logo are registered marks of ACORD CORPORATION. All rl reserved. 12242 SOLAR SALT-FINAL-WTP Page 27 of 28 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - 0 NERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations The City of Yakima, Its agents, employees, authorized volunteers, elected and appointed officials are included as PrImary/Non-ContrIbutory additional Insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. CG 20 10 07 04 B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury' or "property damage occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. @ ISO Properties, Inc., 2004 Page 1 of 1 0 12242 SOLAR SALT-FINAL-WTP Page 28 of 28 1. Identification Product identifier Other means of identification SDS number Synonyms Recommended use SAFETY DATA SHEET Sodium Chloride Food -Industrial (Untreated) S1 Pretzel M Salt. * Pretzel I Salt. *Alberge Coarse Topping Salt. * Alberger® Flake Salt. * Alberger® Special Flake Salt. *Albergere Fine Flake Salt. * U.S.P. Grade Sodium Chloride * CMF® Granulated Salt, Food Grade Salt Bricks. * Food Grade Salt Bricks. " Hi -Grade® Plus Granulated Salt.* Hi -Grade® Granulated Salt. * Fine Blending Granulated Salt - Untreated. * Natural Fine Blending Sea Salt. * Sea Salt Extra Coarse Topping. * Sea Salt Coarse Topping. Sea Salt Tablets. *Plain Salt Tablets. * Sodium Chloride (Salt). " North Pacific Boat and Shore® Salt. * Sea Salt Grinder. * Purified Sea Salt — Untreated, * Brinemaker's SelectTM Medium and Extra Coarse. Salt may be intended for food or animal feed (agricultural) as well as several industrial applications including deicing and water conditioning. Recommended restrictions None known. Manufacturer/Importer/Supplier/Distributor information Manufacturer Company name Address Telephone Website Emergency telephone number 2. Hazard(s) identification Physical hazards Health Hazards OSHA defined hazards Label elements Hazard symbol Signal word Hazard statement Precautionary statement Prevention Response Storage Disposal Hazard(s) not otherwise classified (HNOC) Cargill Incorporated Minneapolis, MN 55440 1-888-385-7258 www.cargillsalt.com CHEMTREC (800) 424-9300 Not classified. Not classified. Not classified. None, None. The mixture does not meet the criteria for classification. Observe good industrial hygiene practices. Wash hands after handling. Store away from incompatible materials. Dispose of waste and residues in accordance with local authority requirements. None known. 3. Composition/information on ingredients mixtures Chemical name CAS number 04 Sodium Chloride 7647-14-5 100 GRAS Substance (Generally Recognized As Safe). 4. First -aid measures Inhalation If dust from the material is inhaled, remove the affected person immediately to fresh air. Call a physician if symptoms develop or persist. Sodium Chloride Food -Industrial (Untreated) 922090 Version 01 Revision date: - Issue date: 21-August-2014 SDS US 1 / 6 Skin contact Eye contact Ingestion Most important symptoms/effects, acute and delayed Indication of immediate medical attention and special treatment needed General information 5. Fire -fighting measures Suitable extinguishing media Unsuitable extinguishing media Specific hazards arising from the chemical Special protective equipment and precautions for firefighters Fire fighting equipment/instructions Specific methods General fire hazards Wash off with soap and water. Get medical attention if irritation develops and persists. Rinse with water. Get medical attention if irritation develops and persists. Give one or two glasses of water if patient is alert and able to swallow. Get medical attention if symptoms occur. Direct contact with eyes may cause temporary irritation. Treat symptomatically, Ensure that medical personnel are aware of the material(s) involved, and take precautions to protect themselves. Water fog. Foam. Dry chemical powder. Carbon dioxide (CO2). Do not use water jet as an extinguisher, as this will spread the fire. During fire, gases hazardous to health may be formed. Self-contained breathing apparatus and full protective clothing must be worn in case of fire. Use water spray to cool unopened containers. Use standard firefighting procedures and consider the hazards of other involved materials. This product is not flammable or combustible. 6. Accidental release measures Personal precautions, protective equipment and emergency procedures Methods and materials for containment and cleaning up Environmental precautions 7. Handling and storage Precautions for safe handling Conditions for safe storage, including any incompatibilities Keep unnecessary personnel avvay. Avoid inhalation of dust from the spilled material. Use a NIOSH/MSHA approved respirator if there is a risk of exposure to dust/fume at levels exceeding the exposure !ands. Do not touch damaged containers or spilled material unless wearing appropriate protective dothing, For personal protection, see section 8 of the SOS. if sweeping of a contaminated area is necessary use a dust suppressant agent which does not react with the product. Collect dust Using a vacuum cleaner equipped with NEPA filter, Minimize dust generation and accumulation Avoid release to the environment Following produd recovery, flush area with water. For waste disposal, see section 13 of the SDS, Avoid discharge into drains, water courses or onto the ground. Provide appropriate exhaust ventilation at places where dust is formed, Minimize dust generation and accumulation. Avoid breathing dust. Avoid contact with eyes. Avoid contact with water and moisture. Keep away from strong acids. Practice good housekeeping. Store in original tightly closed container. Store in a well -ventilated place. Store away from incompatible materials (see Section 10 of the SOS) Becomes hygroscopic at 70-754 relative nidity. Avoid humid or wet conditions as p rod uct 'will cake and become hard, B. Exposure controls/personal protection Occupational exposure limits Biological limit values Appropriate engineering controls No exposure limits noted for ingredient(s). No biological exposure limits noted for the ingredient(s). Ventilation should be sufficient to effectively remove and prevent buildup of any dusts or fumes that may be generated during handling or thermal processing. Individual protection measures, such as personal protective equipment Eye/face protection Unvented, tight fitting goggles should be worn in dusty areas. Skin protection Hand protection Other Respiratory protection Wear appropriate chemical resistant gloves. Wear suitable protective clothing. Use a NIOSH/MSHA approved respirator if there is a risk of exposure to dust/fume at levels exceeding the exposure limits. If engineering controls do not maintain airborne concentrations below recommended exposure limits (where applicable) or to an acceptable level (in countries where exposure limits have not been established), an approved respirator must be wom. Sodium Chloride Food -Industrial (Untreated) 922090 Version #: 01 Revision date: - Issue date: 21-August-2014 SDS US 2 / 6 Thermal hazards Wear appropriate thermal protective clothing, when necessary. General hygiene Always observe good personal hygiene measures, such as washing after handling the material considerations and before eating, drinking, and/or smoking. Routinely wash work clothing and protective equipment to remove contaminants_ 9. Physical and chemical properties Appearance White crystalline solid Physical state Solid. Form Crystalline solid. Color White to opaque Odor Halogen odor when heated Odor threshold Not available. pH Not available. Melting point/freezing point 1473.8 °F (801 °C) Initial boiling point and boiling 2669 °F (1465 °C) (760 mmHg) range Flash point Not available. Evaporation rate Not available. Flammability (solid, gas) Not available. Upper/lower flammability or explosive limits Flammability limit - lower Not available. CYO Flammability limit - upper Not available. (%) Explosive limit - lower (%) Explosive limit upper (%) Vapor pressure Vapor density Relative density Solubility(ies) Solubility (water) Partition coefficient (n-octanol/water) Auto -ignition temperature Decomposition temperature Viscosity Other information Bulk density Molecular formula Molecular weight pH in aqueous solution 10. Stability and reactivity Reactivity Chemical stability Possibility of hazardous reactions Conditions to avoid Incompatible materials Hazardous decomposition products Not available. Not available. 2.4 mm Hg (1376.6 *F (747 °C)) Not available. 2.16 (H20 = 1) 26.4 % Not available. Not available. Not available. Not available. 35 - 83 lb/ft3 NaCI 58.44 4 - 9 The product is stabie and non -reactive under normal conditions of use, storage and transport. Material is stable under normal conditions. No dangerous reaction known under conditions of normal use_ Contact with incompatible materials. Avoid dispersal of dust in the air (i.e., clearing dust surfaces with compressed air). Avoid contact with strong acids. Becomes corrosive to metals when wet. May evolve chlorine gas when in contact with strong acids. Sodium Chloride Food -Industrial (Untreated) 922090 Version #: 01 Revision date: - Issue date: 21-August-2014 SDS US 3 6 11. Toxicological information Information mnlikely routes nxexposure Inhalation Inhalation ofdusts may cause respiratory irritation. Skin contact Prolonged orrepeated skin contact may cause irritation. Eye contact Dust inthe eyes will cause irritation. Ingestion Expected mbealow ingestion hazard. Symptoms related to the temporary irritation,redness, discomfort. For physical, chemical and ingestion, consuming less than a few grams would not be harmful. The following effects were toxicological characteristics observed after ingesting an excessive quantily� nausea and vorniting, diarrhea, cramps, restlessness, irritability, dehydration, water retention, nose bleed, gastrointestinal tract damage, fever, sweating, sunken eyes, high blood pressure, muscle weakness, dry mouth and nose, shock, cerebral edema (fluid on brain), pulmonary edema (fluid in lungs), blood cell shrinkage, and brain damage (due to dehydration of brain cells). Death is generally due to cardiovascular collapse or GNS damage. Information on toxicological effects Acute toxicity In some cases of confirmed hypertension, ingestion may result melevated blood pressure. Components Species Test Results Sodium Chloride (CAS 7m4r-14-5) � Acute Oral LD50 Mouse 4000m8/kg Rat 3000mgmg Other L000 Nbu,m 2802mgmg SWncp,mosimm/irritatinm Prolonged skin contact may cause temporary irritation. Serious eye damage/eye Dust inthe eyes will cause irritation. irritation Rwopin:uxxy orskin sensitization Respiratory sensitization Not available. Skin sensitization This product ienot expected mcause skin sensitization. Germ cell mutmmwn|o|h, No data available to indicate product or any components present at greater than 0. 1 % are mutagmoicurgenotoxiv. Carcinogenicity This product is not considered to be a carcinogen by IARC, ACGIH, NTP, or OSHA. OSHA Specifically Regulated Submtmm*ww(o9 CpR19110.«ug14O60) Not listed. Reproductive toxicity This product is not expected to cause reproductive or developmental effects. Specific target organ toxicity ' Not classified, single exposure Specific target organ toxicity ' Not classified. repeated exposure Aspiration hazard Due uothe physical form ofthe product itiunot anaspiration hazard. 12.Ecological information Eupmox|city The product|unuto|ouu|find000nv|mnmmntuUyhazonmuuu,*nwovar.thiedomunntoxc|vdethe possibility that large or frequent spills can have a harmful or damaging effect on the environment. Components Species Test Results Sodium Chloride (CAS 7647-14-5) Aquatic Cmstaneo sCau Water flea (Daphnia mognu) Fish LC50 Rainbow trnot.dona|dsontrout (Oncnrhynnhuomyh|eo) Persistence and uwgradmb|Qty Nodata ioavailable onthe degradability ufthis product. B|mmuowmu|aovopoteutCm1 Nodata available. 340.7'469.2mg .4ahours Sodium Chloride Food -industrial (Untemed) 922090 Version* 01 Revision date: - Issue date: 21-August-2014 Mobility in soil Other adverse effects No data available. None known. 13. Disposal considerations Disposal instructions Local disposal regulations Hazardous waste code Waste from residues I unused products Contaminated packaging Collect and reclaim or dispose in sealed containers at licensed waste disposal site. Dispose in accordance with all applicable regulations. The waste code should be assigned in discussion between the user, the producer and the waste disposal company. Dispose of in accordance with local regulations. Empty containers or liners may retain some product residues. This material and its container must be disposed of in a safe manner (see: Disposal instructions), Empty containers should be taken to an approved waste handling site for recycling or disposal. Since emptied containers may retain product residue, follow label warnings even after container is emptied. 14. Transport information DOT Not regulated as dangerous goods. IATA Not regulated as dangerous goods. IMDG Not regulated as dangerous goods. Transport in bulk according to Not applicable. Annex II of MARPOL 73/78 and the IBC Code 15. Regulatory information US federal regulations All components are on the U.S. EPA TSCA Inventory List. This product is not known to be a "Hazardous Chemical" as defined by the OSHA Hazard Communication Standard, 29 CFR 1910.1200. TSCA Section 12(b) Export Notification (40 CFR 707, Subpt. D) Not regulated. OSHA Specifically Regulated Substances (29 CFR 1910.1001-1050) Not listed. CERCLA Hazardous Substance List (40 CFR 302.4) Not listed. Superfund Amendments and Reauthorization Act of 1986 (SARA) Hazard categories Immediate Hazard - No Delayed Hazard - No Fire Hazard - No Pressure Hazard - No Reactivity Hazard - No SARA 302 Extremely hazardous substance Not listed. SARA 311/312 Hazardous No chemical SARA 313 (TRI reporting) Not regulated. Other federal regulations Clean Air Act (CAA) Section 112 Hazardous Air Pollutants (HAPs) List Not regulated. Clean Alr Act (CAA) Section 112(r) Accidental Release Prevention (40 CFR 68.130) Not regulated. Safe Drinking Water Act Not regulated. (SDWA) Sodium Chloride Food -Industrial (Untreated) 922090 Version #: 01 Revision date: - Issue date: 21-August-2014 SDS US 5 / 6 US state regulations US. Massachusetts RTK-SubmtamcmLim Not regulated. US. New Jersey Worker and Community Fugmt-tw'KnowAct Not listed. US. Pennsylvania Worker and Community Right -to -Know Law Not listed. US. Rhode Island RTK Not regulated. US. California Proposition sm California Safe Drinking Water and Toxic Enforcement Act of198O(Proposition 6u):This material iunot known b,contain any chemicals currently listed mocarcinogens orreproductive toxins. US'California Proposition 6N'Carcinogens & Reproductive Toxicity (CRT): Listed substance Not listed, International Inventories Country(m)orregion Australia Canada Canada China Europe Europe Japan Korea New Zealand Philippines United States & Puerto Rico Inventory name Australian Inventory urChemical Substances (ACG) Domestic Substances List (o8Q Non -Domestic Substances List (mo0V Inventory ufExisting Chemical Substances inChina (|GCGC) European Inventory ufExisting Commercial Chemical Substonomu(8NEC8) European List ofNotified Chemical Substances (EL|NCS) Inventory nfExisting and New Chemical Substances (ENCS) Existing Chemicals List (ECL) New Zealand Inventory Philippine Inventory u[Chemicals and Chemical Substances (p|CCS) Toxic Substances Control Act (TSCA) Inventory On inventory (yms/no)* Yes Yes No Yes Yes No Yes Yes Yes Yes Yes *A "Yes" indicates this product complies with the inventory requirements administered by the governing country(s). A "No" indicates that one or more components of the product are not listed or exempt from listIng on the inventory administered bythe governing 16. Other information, including date of preparation or last revision Issue date Revision date Vwrsimm# HMISS ratings Disclaimer 21-Auguot-2014 0 Health: I Flammability: o Physical hazard: O Personal protection: A All statements, technical information and recommendations contained herein are, the best nfour knowledge,reliable and implied ismade with respect thereto, nor will any liability be assumed for damages resultant from the use of the material described._ It is the responsibility of the user to comply with all applicable federal, state and local laws and regulations. It is also the responsibility of the user to maintain a safe workplace, The user should consider the health hazards and safety information provided herein as a guide and should take the necess,ary steps to instruct employees and to develop work practice procedures to ensure, a safe work environment. This information is not intended as a license to operate under, or a recommendation to practice or infringe upon any patent vvthis Company nrothers covering any process, composition pfmatter nr Sodium Chloride rnou-inuumrim (Untreated) 922090 Version #: 01 Revision date: - Issue date: 21-August-2014 mDSus s/0 CARGILL INCORPORATED 15407 MCGINTY ROAD WEST WAYZATA MN 55391 USA cI,s MATERIAL NUMBER: 100011143 MATERIAL UPC CODE: STATUS: Current MATERIAL DESCRIPTION: KD CRSE SO BULK ANALYTICAL SPECIFICATIONS SO Technical Data Sheet CARGILL, INCORPORATED cciooi VALIDITY DATE (MM/DD/YYYY): 10/21/2014 DATE REVISED (MM/DD/YYYY): 08/14/2014 CHEMICAL Ca & Mg as Ca (%) Surface Moisture (%) Sulfate as SO4 (%) NaCI (%) Water lnsolubles (%) MIN 0 99.45 0 TARGET 0.05 0.05 0.08 99.83 0.01 MAX UOM METH OD 0.08 0.2 100 0.15 % % % OA OA Calcium & Magnesium by EDTA Titration Surface and Interstitial Moisture Sulfate by Barium Chloride Precip. Purity of Sodium Chloride by Difference Water Insolubles PHYSICAL Sieve - USS 6 Mesh retained Bulk Density (#/cu ft) Sieve - USS 3 Mesh retained Bulk Density (gms/Liter) Sieve - USS 4 Mesh retained Sieve - USS 8 Mesh retained Sieve - USS 3/8 Mesh retained Sieve - Retained on Pan MIN 64 1,025 0 0 TARGET 39 70 11 1,120 24 22 0 4 MAX 74 1,185 10 10 UOM PCF g/I METHOD Particle Size Distribution (Screens) Bulk Density Determination of Salt - 1 Particle Size Distribution (Screens) Particle Size Distribution (Screens) Particle Size Distribution (Screens) Particle Size Distribution (Screens) Particle Size Distribution (Screens) OTHER Meets Heavy Metals for FCC MIN TARGET PASS TEST MAX UOM METHOD Heavy Metals as Lead MATERIAL STATEMENTS: DESCRIPTION:# This material is a coarse screened, sodium chloride salt crystallized by solar evaporation. The crystallized salt is washed to remove surface impurities, drained of excess moisture, dried, and screened to size.# Note: Sieve analysis is reported as percent retained. Note: Bulk Density is reported as - CONFIDENTIAL - Document Printed on: 01/05/2015 19:15:56 Page 1 of 2 Document number: 83110 C S S • ut MATERIAL NUMBER: MATERIAL UPC CODE: STATUS: Current MATERIAL DESCRIPTION: KD CRSE SO BULK STATEMENTS (continued...) 100011143 VALIDITY DATE (MM/DDNYYY): 10/21/2014 DATE REVISED (MM/DDNYYY): 08/14/2014 loose (uncompacted). APPLICATIONS:# This material is intended for a variety of industrial uses. It has also found application in hide curing, water treatment and snow and ice removal.# INGREDIENT STATEMENTS: ADDITIVES: This material contains no anticaking or free -flowing additives or conditioners. NUTRIENT STATEMENTS: OTHER PROPERTIES: This material contains no known allergens, and exhibits virtually no microbiological activity_ DIET STATEMENTS: ORGANOLEPTIC PROPERTIES: This material has a characteristic saline taste, and may exhibit a slight halogen odor upon warming. HANDLING STATEMENTS: PACKAGING AND STORAGE:# This material is available in 50Ib. and 80Ib. multiwall kraft containers, which incorporate polyethylene film liners for added moisture protection and in mini -bulk bags. To improve caking resistance, the product should be stored in a dry, covered area at humidity below 75%.# REGULATORY STATEMENTS: Methods of Analysis: Methods of analysis are taken from ASTM E 534-08, AWWA B200-09, Cargill and the Food Chemicals Codex. COMPLIANCE:* This material is not recommended for direct addition to food products. It meets the AV\ANA Standard B200 for Sodium Chloride and is certified to ANSI/NSF Standard 60.# WARRANTY STATEMENTS: PRODUCING LOCATION: # VARIOUS LOCATIONS ACROSS THE U.S.## CARGILL SALT# P.O. Box 5621# Minneapolis, MN 55440# 1-888 385-7258# # NOTICE: All of the above statements, recommendations, suggestions and data are based on our laboratory results, and we believe same to be reliable. Nevertheless, with the exception of data showing an express guaranty (such as in the case of products specifically designed for use as nutrient supplements), all such statements, recommendations, suggestions and data hereinabove presented are made without guaranty, warranty or responsibility of any kind on our part. - CONFIDENTIAL - Document Printed on: 01/05/2015 19:15:56 Page 2 of 2 Document number: 83110