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Northstar Chemical, Inc. - Agreement for Liquid Caustic Soda
AGREEMENT CITY OF YAKIMA BID 12229 Liquid Caustic Soda THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation ("City"), and Northstar Chemical, Inc., ("Contractor'). WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows: 1. Statement of Work The Contractor shall provide all products, 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 12229 Liquid Caustic Soda Specifications which are attached as Exhibit A, and the most recent edition of the ANSI/AWWA/NSF and ASTM Standards, all of which are incorporated herein by this reference, and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. Product will be delivered within 3-5 days after receipt of order, FOB Destination, City of Yakima: WASTEWATER Treatment Plant WATER Treatment Plant 2220 East Viola, OR 6390 U.S. Highway 12 Yakima, WA. 98901 Yakima, WA. 98908 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 he 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 defects in material and workmanship. 10. Compliance with Law Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. Contractor shall procure and have all applicable and necessary permits, licenses and approvals of any federal, state, and local government or governmental authority or this project, pay all charges and fees, and give all notices necessary and incidental to the due and lawful execution of the work. a. Procurement of a City Business License. Contractor must procure a City of Yakima Business License and pay all charges, fees, and taxes associated with said license. b. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as required in Title 85 RCW. 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). Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50 RCW. 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 attorneys fees costs associated with establishing the right to indemnification hereunder in favor of the City. b. Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. Contractor shall require that its subcontractors, and anyone directly Urindirectly employed or hired by Contraotor, 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 RCVV, and assume all potential liability for actions brought bvtheir respective 80p|0y8VS. 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, inthe event Ofliability for damages arising out ofbodily injury k>pomonSo[d808geSh3pn}podxu8uS8d by or n8Su|UOg from the concurrent nog|ig8OC8 of the Contractor and the City' the Contractor's liability, including the duty and cost k>defend, shall beonly bothe extent 0fthe Contractor's negligence. d. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification inany third party. o. The terms of this Section shall survive any expiration or termination of this Contract. 14. Contractor's Liability Insurance /t all times during performance of the 8emiC8S and this Cnntren. Contractor shall n8Cu[8 and maintain in effect insurance to protect the City and Contractor from and against any and all claims, d8m8g8S. losses, and expenses arising out oforresulting from the performance ofthis Contract. Contractor shall provide and maintain in force insurance in limits no |ouu than that stated below, on 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 an ovid8OC8 of coverage for each of the policies and uuU|naU herein. A copy of the additional insured unUnnu8m8nt attached to the policy shall he |nu|uUod with the C8rt|f|C8tR. T his Certificate of insurance shall be provided 10 the City, prior '10 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 |nuuranC8. The following insurance is required: 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 8oproof ofcommercial liability insurance with 8minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence, combined single limit bodily injury8nd property damage, and Two Million DOU8rS ($2,000.000.00 g9nGn@| 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 8dd|UOn8| insureds for such higher limits. The certificate Sh8|| clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are |neffect. Said policy shall b8ineffect for the duration Ofthis Contract. The certificate Ofinsurance 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 inaVnunoo company orcompanies rated A'V|| or higher in Best'S Guide and admitted in the State of Washington. The requirements contained herein, as well as City nfY8kim8'S review or acceptance of |naumnoo maintained by Contractor is not intended to and Sh8|| not in any manner limit Orqualify the liabilities nrobligations assumed byContractor under this contract. U. Automobile Liability Insurance Before this Contract |ofully executed bvthe parties, Contractor shall provide the City with 8certificate Oy insurance as proof of automobile liability insurance with a minimum liability limit of Two Million DOU8nS ($2,OOO,UOO.OU) per occurrence. |fContractor carries higher COv8rago|imda.SuCh|inOitSShGUbeShuwm on the Certificate Of Insurance and Endorsements and the Cdv' its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The certificate of insurance and additional insured endorsements shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. The business auto liability shall include Hired and Non -Owned coverage if necessary. c. Employer's Liability (Stop Gap) Contractor and all subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable, and shall maintain Employer's Liability insurance with a limit of no less than $1,000,000.00. The City shall not be held responsible in any way for claims filed by Contractor or its employees for services performed under the terms of this Contract. Contractor agrees to assume full liability for all claims arising from this Contract including claims resulting from negligent acts of all subcontractor(s). Contractor is responsible to ensure subcontractor(s) have insurance as needed. Failure of subcontractors(s) to comply with insurance requirements does not limit Contractor's liability or responsibility. d. Business Auto Policy (BAP) In the event that services delivered pursuant to this contract involve the use of vehicles, or the transportation of clients, automobile liability insurance shall be required. The coverage provided shall protect against claims for bodily injury, including illness, disease and death; and property damage caused by an occurrence arising out of or in consequence of the performance of this service by the Contractor, subcontractor, or anyone employed by either. Contractor shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a combined single limit not less than $2,000,000 per occurrence. The business auto liability shall include Hired and Non -Owned coverage. e. Pollution Liability coverage At least as broad as that provided under ISO Pollution Liability - Broadened Coverage for Covered Autos Endorsement CA 99 48 shall be provided and the Motor Carrier Act Endorsement (MCS 90) shall be attached and required after award and must cover all vehicles to be used with this 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 1nBid 12229 Liquid Caustic Soda Scope ofWork, conditions, addenda, and modifications and Contractor's proposal (to the extent consistent with City of Yakima documents) constitute the Contract Documents and are complementary. Specific Federal and State laws and the terms of this Contract, in that order respectively, supersede other inconsistent provisions. These Contract Documents are On fi|o in the Office of the Purchasing Manager, 12SNo. 2nuGt..Yakima, WA, 9OSO1'and are hereby incorporated byreference into this Contract. 17. Termination Termination for Cause |nthe event the Contractor breaches this Contract, the City may terminate the Contract 8kits sole discretion insuch event that it provides the Contractor with written notice of Contractor's breach and the Contractor fails to cure its breach within 3Odays Ofthis 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 0Odays Ofthis notice. The following represents G OOO'exC|uSiv8' illustrative list Of instances that Sh8|| be considered 8 breach by the COntn8uk>r 8. Defaults on an obligation under the Contract; b. Fails k/perform any material obligation required under the Contract; c. Files 8petition |nbankruptcy, becomes insolvent, Vrotherwise takes action 10dissolve @88legal entity; d. Allows any final judgment not to be satisfied or a lien not to be disputed after a legally-i m posed, 30-day n0US8; n. Makes 8nassignment for the benefit ofcreditors; f. Fails to follow the sales and use tax certification requirements of the State of Washington; g. Incurs udelinquent Washington tax liability; h. Becomes aState orFederally debarred Contractor; i. |Sexcluded from federal procurement and non -procurement CUntn8Ctn| '. Fails to maintain and keep in force all required insurance, permits and licenses as provided in the Contract; h. Fails to maintain the confidentiality of the Qb/ information that is considered to be COnOUonU8| Information, proprietary, 0rcontaining Personally Identifiable Information; |. Contractor performance threatens the health or safety of a City, County or municipal employee; or Termination for 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 COn1n@oL The Contractor uho|| also be compensated for partially completed S8m|oen. 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 8Sset forth |nthe Contract. Alternatively, 8tthe sole discretion Ofthe City, the Contractor may becompensated 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 tuU8p8idvvithin30Uoyonfw[itt8nn0t|oe1oth9COntn8dDrnaqu8Sbngthamfund. |ChanoeinFunding In addition to the above termination pmv|o|uno' 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 baeffective Onthe date specified iOthe notice uftermination. 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. lithe afore mentioned methods are either not successful then any dispute relating to this Agreement shall be decided in the courts of Yakima County, in accordance with the laws of Washington. If both parties consent in writing, other available means of dispute resolution may be implemented. 19. Re -Award When the contract is terminated by the Contractor upon providing the written notice as herein required, the City, pursuant to City ordinance, may re -award the contract to the next most responsible Proposer within 120 days from original award. When a Contractor is unable to supply goods and/or services to the City and is in breach of the contract, or when the contract is terminated by the City for cause as herein provided, the City reserves the right to re -award the contract to the next most responsible Proposer within 120 days from original award. 20. Force Majeure Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics/pandemics, war, riot, delay in transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of such pending or actual delay. Normally, in the event or any such delays (acts or God, etc.) the date of delivery will be extended for a period equal to the time lost due to the reason for delay. 21. Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 22. Venue The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competent jurisdiction in Yakima County, Washington. 23. Authority The person executing this Contract, on behalf of Contractor, represents and warrants that he/she has been fully authorized by Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms, performances and provisions of this Contract. 24. Notice of Change in Financial Condition If, during the Contract Term, the Contractor experiences a change in its financial condition that may affect its ability to perform under the Contract, or experiences a change of ownership or control, the Contractor shall immediately notify the City in writing. Failure to notify the City of such a change in financial condition or change of ownership or control shall be sufficient grounds for Contract termination. 25. Change or Notice Any alterations, including changes to the nature of the service, made to the Contract shall be rendered in writing and signed by both responsible parties; no changes without such signed documentation shall be valid. No alterations outside of the general scope and intent of the original Request for Bids or in excess of allowable and accepted price changes shall be made. In no event shall the Contractor be paid or be entitled to payment for services that are not authorized herein or any properly executed amendment. Notice of Business Changes: Contractor shall notify the City in writing within three (3) business days of any change in ownership of the facilities of the Contractor or of the facilities of any subcontractor. The Contractor shall notify the City in writing as soon as possible, and in no event later than three (3) business days, after any decision by the Contractor to change or discontinue service that will affect services provided to the City under this Contract. The City shall have the right to renegotiate the terms and conditions of this Contract to the extent required to accommodate a change in governing law or policy that, in the sole discretion of the City, either substantially and unreasonably enlarges the Contractor's duties hereunder, or renders performance, enforcement or compliance with the totality of the Contract impossible, patently unreasonable, or unnecessary. Notices and demands under and related to this Contract shall be in writing and sent to the parties at their addresses as follows: TO WATER TREAMENT PLANT: Jeff Bond Water Treatment Plant Supervisor City of Yakima 6380 U.S. Highway 12 Yakima, WA. 98908 COPY TO: Susan Knotts Buyer II City of Yakima 129 N. 2nd Street Yakima, WA. 98901 TO WASTEWATER TREATMENT PLANT: Mike Price Wastewater Manager City of Yakima 2220 East Viola Yakima, WA. 98901 TO NORTHSTAR CHEMICAL, INC.: 26. Survival The foregoing sections of this Contract, 1-26 inclusive, shall survive the expiration or termination of this Contract in accordance with their terms. IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written, CITY,OF YAKIMA City Manager Date: Attes drib dy-C erk CITY CONTRACT NO: SOLUTION NO: NORTHSTAR CHEMICAL, INC. B Date: 1 0/1 1 /2022 Matt Werger - Vice President/General Manager (Print name) SPECIFICATIONS Bid 12229 Liquid Caustic Soda ° City mfYakima NOTICE TO BIDDERS BAD 12229 Notice is hereby given by the undersigned that electronic sealed Bids will be accepted via Pub|icPumhose.com until the hour of 11:00:oo AM PST on September23, 2022. Bids will be publicly opened in Yakima City Hall, Council Chambers, 129 N. 2nd Street, Yakima, Washington 98801. Atsuch time, Bids will be publicly read for: Liquid Caustic Soda and Storage Tank Instructions to register with Pub|icPurchosezom are available at wvvw//akimawa.Qov/services/puohosing. The City of Yakima reserves the right to reject any & all 8|Ds. The City hereby notifies all Bidders that it will affirmatively ensure compliance with WA State Lovv Against Discrimination (RCVV chapter 49.60) /& the Americans with Disabilities Act (42 USC 12101 et set.) Dated September SLZO22. Publish onSeptember 9&l1,2823 3usanKnottx [PPO,CPPB,N|GP'CPP 8uyerU Bid 12229Liquid Caustic Soda and Storage Tank Page I of 30 CITY OF YAKIMA INVITATION TO BID 12229 SIGNATURE SHEET THIS IS NOT AN ORDER BID Release Date: September 9, 2022 Bid Receipt: Bidders must first register with PutdiuPurchaso.00m and Bid ohe|| be completely uploaded into Public PunJhuae.com no later than the date and time listed below. RoQis8a, as uody as possible and do not wait until the due date to upload your documonCa, as this may take some time. Late Bids will not be accepted or evaluated. If you try to submit Bid |o1a, the electronic system will not receive it. Bid openings are public. Bids ohoU be firm for acceptance for ninety (AO) days from date of Bid npnning, unless otherwise noted BIDS ARE ONLY RECEIVED THROUGH Purchasing For: City nfYakima Water Treatment Plant Wastewater Treatment Plant Yakima, WA 98901 Buyer incharge mthis procurement (Contact for further information): Susan Knotta.CPPO.CPPB.N|C3P'CPP BuyarU Bids Must becompletely uploaded by: Public Opening Phone E-Mail Address (509)575-6095 Susan,. Knotts PROJECT DESCRIPTION SUMMARY LIQUID CAUSTIC SODA AND STORAGE TANK Enter Prompt Payment Discount: % net days We/I will complete delivery within days after receipt of Delivery Details: FOB Daadnadon, Freight Prepaid, Inside Delivery required []| hereby acknowledge receiving addendum(a)_ , . _` (use asmany spaces as addenda received) |nsigning this Bid wmalso certify that vmhave not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action inrestraint of free competition; that noattempt has been made to induce any other person mfirm to submit mnot to submit oBid; 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 phortntho opening ofBids hoany other Bidder orcompetitor; that the above statement ioaccurate under penalty ofperjury. Furthermore, the Washington State |nhodocm| Cooperative Act (RCUV 39.34) provides that other governmental mgmndmm 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 Name mAuthorized Company Representative (Type o,Print) Signature of Above Company Address Title Email Address Bid 12229 Liquid Caustic Soda and Storage Tank Page 2 of 30 ^ 1. Contents 1. Contents U. Invitation tmBid #12228 1' Purpose .................... --- ....... _~.......... ~_~�_...... _~ 5 2. Contracting Agency and Point ofContmct..... .~.......... ~.~~_~.°_^~~~^....... __."__................ _5 3. New and Unused .............. _°__^_°__^_._`....... ~,r_°_°,___~~_~_-_~5 4. Best Modern Practices .... °_-,=-_-___-°_.~~�...... ~__~...... -~. ~°^"_=~-.^^^~~~._~-..~-"--~.~.~G 5. Equal/Approved Equml'~.... --°_~^='...... =-~+.°°................ __.^____~_____'_.___�_,_'~_5 6' Exceptions ...... _._-_~........ ~_�.'~~~~~."~_~,-__.................. _,__~_.._~5 7. More or Less .... ...... _,._°_",-~._._~,~.-_~~'._.~-^_°_^~°°_~=~~^=~^^~�°_G 8. Published List Prices............ ....... _...... -.............. ,~______~.,__.____,G 9. Delivery Time ............... ,_.~~__~°_,°__._~_^~__-~____~~_...... ...... .-_-.~._^-._........ --6 10. Delivery Acceptance ... ^_-__~`~.-.~~-_-~^._~_�~^............ ......_-_^,~_-S 11. Delivery Method `... -...... ~_~-_~=_..-_"~_~°G 12. Delivery mfUnapproved Substitutions ... ~_-'^~`_°~~~.~........ ~...... ^............. ~^__°~=~_-_.......... G 13. Unsatisfactory Product ��o,_--....... _^7 14. Penalty ==`�...... _.°~-_~.......... ^~_^~_~w_._.._~7 15. Spill Clean Up ........__~__:___�__,______�7 16. Contract Term ,.'"~~='_____°~-._^~,~=~~=°_~_°,._,__._^__`7 17\ Pricing and Discount ................................. -~_........ ~_^_'~^^^^~~ ~_~....... __~.7 14. Price Clarifications 15. Price Increases 16L Price Decreases 17. Expansion Clause ................. __~_....... ~__........ ~~_`...... ~^_~_~...... __~~__-~_8 18. Warranty -_,---- ~~,__.______.~_~_~°~...... ^~..~_~............. Q 19. Warranty Coverage __.^...... ....... -_~_......... .-_'-.--S 20. Permits '^�^.=_~=-=_,~_,__-.-._.~_~_^__._~.~_�,~°"B 21. Regulations and Codes _ .................`._,O 22. Hazardous Materials .......-S 23. Prompt Paynment'_,~~==~_'___._°-~~....... _".°._.^_.~°-_°...... _-_.._^-9 24 Payments ...... ....... _,... ~^_=~~^~~~u_-._...... ___............. ~__�____�.�"._10 25. PaynnemCMethod-Credit Card Acoeptance_-........ ,_'=°=_~~-_._~°_,.__-~~�`. 10 26. Acceptance of Ternms.___~-.__°-_,-_._ 10 27. Sales Tax ................... ....... _____."~__�_^~....... ....... _......... _~~'~~'-^-`-==--'-'�'1Q 28Tax Revenues ............. ~,_____~,°,~.,_~-.^~~.°"°~_~^_~....... ....... ,........ �_____~~~~~_,~~~__j� 28 Clarifications and/or Revisions tmSpecification and Requirements ....... __.,____.......... _^_~~10 Bid 12229 Liquid Caustic Soda and Storage Tank Page 3 of 30 IV, 31. No Obligation to Contract 11 32. Retention of Rights . .11 33. Points Not Addressed 11 34. Other City Departments/Like Items Added 11 35. Materials Bought from Different Supplier 11 36. Re -Award .................................................... 37. Errors and Omissions 38. Changes 1. 2. Submitting a Bid 3. Prohibition of Bidder Terms & Conditions 4. 5. 1. Bid Evaluation 2. Offer in Effect for Ninety (90) Days........ 13 3. Protest Procedure V. TECHNICAL SPECIFICATIONS VI. VII. VIII, IX. SAFETY QUESTIONNAIRE X. SAMPLE CONTRACT Bid 12229 Liquid Caustic Soda and Storage Tank Page 4 of 30 II. E reL F INVITATION TO BID #12229 LIQUID CAUSTIC SODA AND STORAGE TANK TI 1. Purpose It is the intent and purpose of these specifications to describe Liquid Caustic Soda (Sodium Hydroxide NaOH) and Storage Tank 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. 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. 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 Liquid Caustic Soda 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. Bid 12229 Liquid Caustic Soda and Storage Tank Page 5 of 30 7. More orLess Quantities are estimated only and shall be bid on a MORE OR LESS basis. Forthe 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 orless than the stated amounts. S. 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 ofthe contract. 9. Delivery Time Each bidder is required to list on the Bid form the number of calendar days he/she expects delivery to be made at the destination, in terms of time interval, following placement of order. Time of delivery/completion is important and will be considered in the evaluation of the Bids. The maximum time allowed for all deliveries is five (G)business days from order todelivery on -site nmlater than 3:00 P&8onthe day mfdelivery. Failure to .include aspecific number ofcalendar days may �besufficient grounds for rejection ofBid. . 20. Delivery Acceptance The Liquid Caustic Soda is to be delivered by truck to the City of Yakima F.O.B. Destination between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, as ordered, ready for regular and safe operation to: WATER Treatment Plant Water Treatment Plant (B90D.S.Highway l2 Yakima, WA. 98908 The Vendor must notify the City ofYakima Water Treatment Plant operator ut(609)575'6177, 24 hours in advance of actual expected delivery time. WASTEWATER Treatment Plant Wastewater Treatment Plant The Vendor must notify the City ofYakima Wastewater 2220East Viola Treatment Plant operator u1(509)575'6177, Yakima, WA. 98qOl 24hours izadvance ofactual expected delivery time. 11' Delivery Method Vendor's method and equipment for delivery shall be compatible with the treatment plant site and with receiving and storage equipment available at the site. The tank trucks shall be equipped for unloading to storage pneumatically. Compressed air must be supplied bydelivery truck. Trucks are to be equipped for connection to a 2" male cam'|uc for off-load. All Vendors will be held responsible to comply with the established receiving program. It is recommended that all bidders visit the facility to understand the basis for the delivery, the schedule, and equipment required for delivery. Any soda spilled during unloading shall be promptly cleaned upbythe vendor. 12' Delivery mfUnapproved 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 City bid/quote list for aperiod nfuptothree (3)years. Bid 122I9Liquid Caustic Soda and Storage Tank Page 6of30 13. Unsatisfactory Product If the successful Bidder's product is unsatisfactory, but was inadvertently placed into the facilities system prior to rejection and subsequently causes physical damage or extra cleanup Tabor, the City will be reimbursed for any associated costs, and at the City's option a new Vendor will be used. Any equipment damage, down time, labor charges, fines, or any other costs caused by material and/or product which does not meet specifications, will be assumed by the Vendor. 14. Penalty Upon delivery of non -conforming product, the Vendor will be penalized $500.00 per delivery in addition to damage and cleanup cost as stated above. Two such non -conforming deliveries will constitute breach of agreement by non-performance, and the City reserves the right to cancel the Agreement. The Vendor will be liable for the cost difference to the City of purchasing the product on the open market until such time as a new Bid is awarded, not to exceed 45 days. 15. 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 any spillage. If Contractor fails to perform the above actions, the purchaser shall take corrective action and back - charge the Contractor for all related costs. 16. Contract Term See Section 3 of Contract The period of this contract shall be for a period of one year from its effective date. Contract may be extended on the anniversary date for one (1) additional one (1) year periods, not to exceed five (5) years total. 17. 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. Bid 12229 Liquid Caustic Soda and Storage Tank Page 7 of 30 Unit prices shown on the Bid or contract shall be the price per unit ofsale (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 tothe Buyer listed on Page 2, in accordance with the rules below. Any increase proposed shall be submitted tnthe 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 oragreements. No other employee may accept a rate increase request on behalf ofthe City. Any invoice that is sent to the City with pricing above that specified by the City in writing within this Contract or specified within an official written change issued by Purchasing to this contract, shall be invalid. Payment of an erroneous invoice does not constitute acceptance of the erroneous pricing, and the City would seek reimbursement of the overpayment or would withhold such overpayment from future invoices. A. Discount from Manufacturer List Pricing: For all contract items that are priced as a discount below Manufacturer List prices, there shall be no changes to the discount rate throughout the life of the contract. As manufacturer list prices change, the net price tothe City will automatically change in the same percentage asthe discount rate tothe City. B. Fixed Product Pricing: For product and supply contracts that proxideon'Qmin0' multiple year supply. Original pricing shall befixed and firm for the first year ofthe contract. Price requests are at the discretion of the Purchasing Manager; and must also be: a. The direct result ofincreases at the manufacturer's level (or ifBidder is a supplier ofa raw material delivered directly tothe City such as brass, the increase must be verified atthe supplier |exe|). b. Incurred after contract commencement date. C. Not produce a higher profit margin than that onthe original contract. d. Clearly identify the items impacted by the increase. e. Be filed with Purchasing Manager a minimum of thirty (30) calendar days before the effective date ufproposed 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 ucheme/methodo|o0y. 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 'https://kN(ww,bls.gov/ppi/detailed-report/home,.htm#2021 . The adjustment (if any) shall remain firm and fixed for at least 365 days after the effective date of the adjustment. If no adjustment is mutually agreed upon; the contractor may provide 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. Bid 12229 Liquid Caustic Soda and Storage Tank Page 8 of 30 17. Expansion Clause Any resultant contract may be further expanded by the Purchasing Manager in writing to include any other item normally offered by the bidder, as long as the price of such additional products is based on the same cost/profit formula as the listed item(s). At any time during the term of this contract, other City departments may be added, if both parties agree. 18. Warranty Unless otherwise specifically stated by the Bidder, any product, materials and labor provided shall carry standard warranty coverage furnished by the trade in general. Warranty shall include all costs incurred, including shipping, for repair or replacement except that which is damaged by misuse or abuse. This warranty shall in no way affect normal extended or manufacturer's warranty exceeding this period. Contractor warrants that all goods and services furnished under this Agreement are new, conform strictly to the specifications herein, are merchantable, good workmanship, free from defect, comply with all applicable safety and health standards established for such products, all goods are properly packaged, and all appropriate instructions or warnings are supplied. If a defect is found, a component failure occurs, or workmanship is found to cause failure, the Vendor shall replace the product at their own expense, including shipping charges. Any replacement product will be warrantied for the standard warranty period from the date it is delivered. All implied and expressed warranty provisions of the Uniform Commercial Code are incorporated into this Agreement. Contractor further warrants that no violation of any federal, state or local law, statute, rule, regulation, ordinance or order will result from the manufacturer, production, sale, shipment, installation or use of any other goods. Contractor's warranties (and any more favorable warranties, service policies, or similar undertaking of Contractor) shall survive delivery, inspection, and acceptance of the goods or services. 19. Warranty Coverage Warranty coverage will not commence until the date the completed unit is put into service as reported by the City; or thirty (30) days after final payment for the unit(s); whichever occurs first. 20. Permits All necessary permits required to perform work are to be supplied by the Contractor at no addition cost to the City. In the event a necessary permit is not obtained, the Vendor will not be permitted to perform work or service(s) subject to said permit and any delays caused thereby will not be subject to extra compensation or extension. 21. Regulations and Codes To the extent applicable, all equipment or materials shall comply with Washington State vehicle regulations, Federal regulations, OSHA and WISHA requirements, to include EPA standards and City safety codes. The successful Bidder shall also take necessary steps to protect the Treatment Plants' staff and to promptly notify the Treatment Plant staff of any emergencies during delivery/filling. 22. Hazardous Materials If this order covers goods, products or materials which include hazardous chemicals, Vendor shall, at the time of product delivery, provide the City with copies of Material Safety Data Sheets for such chemicals. These sheets shall be in the form then required by applicable law or regulation. This requirement shall be in addition to whatever other requirements are imposed by law or regulation. 23. 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 Bid 12229 Liquid Caustic Soda and Storage Tank Page 9 of 30 24 Payments Address defined at time of order To insure prompt payment each invoice should cite purchase order number, bid number, description of item purchased, unit and total price, discount terms and include the Contractor's name and return remittance address. Payment will be mailed within thirty (30) days of (a) the receipt and acceptance of the equipment, (b) properly completed invoice, and (c) all papers required to be delivered with equipment. 26. Payment Method—CmeditCardAcceptamce The City, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. The Otys preferred method of payment is by procurement (credit) card. Respondents may be required to have the capability ofaccepting the Ot/s authorized procurement card as method of payment. No price changes or additional fee(y) may be assessed when accepting the procurement card as a form of payment. 26. Acceptance ofTerms Acceptance of 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. 27. Sales Tax The City ofYaNma'sSales Tax rate ixcurrently 8.3Y6. However, the amount ofsales tax will not beconsidered in determining which bid is the lowest and best bid. 28. 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 a |000| sales tax or from a gross receipts business and occupation tax, it determining which bid in the lowest bid, after the tax revenue has been considered. 29. Clarifications and/or Revisions to Specification and Requirements If Bidder discovers any significant ambi0uity, error, conflict, discrepancy, omission, or other deficiency in this solicitation, the Bidder has o 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 ofthe BID document(s) shall not be considered unless submitted via e-mail (no phone calls) to the Buyer listed on page 2, a minimum of five (5) business days prior to the submittal due date. In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this BID, supplements or revisions will be provided to all known Bidders in the form of an Addendum. All Addenda are posted on wxvvv.yokimawa.0ov/services/purchasin0 and sent directly to interested parties who have registered (per instructions onm/ebsite)for updates tothis BID. if any requirements of the BID are unacceptable to any prospective Bidder, they may choose not to submit a Bid. 30. Incurring Costs The City is not liable for any cost incurred by a Bidder in the process of responding to this 8|C\ including but not limited tothe cost ofpreparing and submitting response, in the conduct ofo presentation, in facilitating site visits orany other activities related toresponding tothis BID. Bid 12229 Liquid Caustic Soda and Storage Tank Page 10 of 30 r 31. No Obligation to Contract This BID does not obligate the City to contract for service(s), or product(s) specified herein. City reserves the right to cancel orreissue this BID in whole or in part for any reason prior tothe issuance of Notice of Intent to Award. The City does not guarantee to purchase any specific quantity or dollar amount. Bids that stipulate that theCityshoU0uaranteeospecificquantityordoUaramountvvU|bedisqua|ified(e.g."aU'opnone") 32. Retention ofRights The City retains the right to accept orreject any orall Bids or accept any presented which meet orexceeds these specifications, and which would be in the best interest of the City and will not necessarily be bound to accept the |ovv bid. All Bids become the property of City upon receipt. All rights, title and interest in all materials and ideas prepared by the Bidder for the Bid to City shall be the exclusive property of City and may be used by the City at its option. 33' Points Not Addressed Bidders are encouraged to list any points not addressed in these specifications that they feel improve or enhance the operation oftheir units orproduct. 34. Other City Departments/Like Items Added Atany time during the term ofthis contract, orany extension thereof, other City departments may beserved under these same terms and conditions. Additional like items may be added at the request of the Purchasing Manager. 36 Materials Bought from Different Supplier Should the Contractor be unable to or refuse to supply materials, on any given day, against this predetermined delivery schedule to which the supplier has agreed and the City is forced to do the work with materials bought from a different supplier, the difference in the Bid price of the materials and that paid the new supplier, in order to do the work, shall be charged to and paid for by the Contractor holding the Bid award for these products. Contractor shall not, however, be responsible for delays in delivery due to: • Unavoidable mechanical breakdowns • Strikes • Inability to secure component materials • Acts ofGod ^* Fire Provided the Buyer listed on Page 2 is notified in writing by the Contractor of such pending or actual delay. In the event ofany de/ay, the date of delivery shall be extended for o period equal to the time lost due to the reason for the delay. 36. Re -Award When the contract is terminated by the City or the Contractor upon providing the written notice as herein required, the City, may re'oxvardthe contract tothe next most responsible bidder. 37. Errors and Omissions The City reserves the right tocorrect obvious ambiguities and errors inthe Bidder's proposal and towaive non- material irregu|aritiesand/uromissions. |nthis regard, ifthe unit price does not compute tothe extended total price, the unit price shall govern. Bid 12229 Liquid Caustic Soda and Storage Tank Page 11 of 30 38. Changes Any prnpn"pd chnnCp in thi" rnnt,a,t shall hp ;yhmittpd in xvhhng to ,hp Rxypr Ustpd on PnBe 7 for prior approval. If approved, she will make the change by a contract amendment 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. EP 10 � 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 bid. Refer to Section |V Bidder's Checklist to ensure your Bid is responsive. 2. Submitting aBid Bids shall be completely uploaded into Public Purchase.com no later than the date and time listed on Page 2 of this BID. Lute 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 |ockbux until dote and time of opening. To register as a Vendor/Bidder with Public Purchase, 0o to www.publicpurc.hase.com or the City ofYakima webshe 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 ofany 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 (RCVV 43.56 et seq.) All sections of the response shall be made available to the public immediately after contract opening. 3. Prohibition ofBidder Terms @'Conditions A Bidder may not submit the Bidder's own contract terms and conditions in o response to this Invitation to Bid. If a Bid contains such terms and conditions, the City, at its sole discretion, may determine the Bid to be a nonresponsive counteroffer, and the Bid may be rejected. 4. Multiple Bids Multiple Bids from a Bidder will be permissible; however, each Bid must conform fully to the requirements for Bid submission. Each such Bid must be submitted separately and labeled as Bid #1, Bid #2, etc. on the first page of their response. S. Withdrawal of Bids Bidders may withdraw orsupplement their Bid at anytime up to the bid closing date and time. if 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. Bid 12229Liquid Caustic Soda and Storage Tank Page 12 of 30 1. . EV L,TI T•_£ CT Bid Evaluation The evaluation and selection of a Bidder will be based on the information submitted in the Bid. The Bids will first be reviewed to determine if they contain the required forms, follow the submittal instructions and meet all mandatory requirements. 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: niaria.mayhue@yakimawa.gpv. 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. Award Regardless of Protest When a written protest against making an award is received, the award shall not be made until the matter is resolved, unless the City determines that one of the following applies: • The supplies or services to be contracted for are urgently required; Delivery or performance will be unduly delayed by failure to make award promptly; • A prompt award will otherwise be advantageous to the City. If the award is made, regardless of a protest, the award must be documented in the file, explaining the basis for the award. Written notice of the decision to proceed shall be sent to the protester and others who may be concerned. The City retains the right to enter into any contract and nothing herein shall be construed to limit that authority in any manner. Bid 12229 Liquid Caustic Soda and Storage Tank Page 13 of 30 4. Sample Contract and Terms and Conditions The Sample Contract provided with this Bid Spprifiratinn rppn~cpnt.r, thp 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 oradditional language for each point. The City may urmay not consider any of the Bidder's suggested revisions. Any changes or amendment to any of the Contract Terms and Conditions will occur only ifthe change isinthe best interest ofthe City. 1' LSP T1 Product Detail The Bidder must provide a detailed description of Liquid Caustic Soda and each major component of their proposed system and/or product. Bidders are reminded to provide point -by -point responses to all specifications. At minimum, these descriptions shall take into consideration the specifications outlined in this Technical Specifications section. Any additional work found necessary that is not specified in this Bid specification shall be listed on a separate sheet entitled "Additional Materials/Labor Required". 2. Liquid Caustic SodaTamh—VVaotevxaterTreatnnentPlant Vendor is to supply a vendor owned tank to the City of Yakima Wastewater Treatment Plant, at no additional cost, for storing liquid caustic soda. Storage tank shall conform strictly tothe specifications herein and comply with oU applicable safety and health standards established for such products. Vendor shall pay all expenses for storage tank including shipping, setup' maintenance, repair or replacement except that which is damaged by misuse orabuse. Tank Failure., If City notices any that tank is in need of maintenance or repairs, the City shall notify Vendor immediately. If the City or Contractor notices that hookups, joints or hoses that have significant deficiency or that any of the tanks integrity have become compromised in any way, they have a duty to immediately notify the other party of such concern(s) or problem(s) in order to help prevent leaks and spills, and to mitigate other environmental hazards. If after notification, needed repairs or maintenance are not performed by the awarded Vendor and tank failure occurs, the Vendor shall replace the product at their own expense. 3. Negligence The awarded Contractor assumes all liability and responsibilities for the handling and transportation of the liquid caustic soda until it has been placed in the appropriate storage tank(s). The Contractor shall be responsible for any and all damage to buildings and/or properties caused by delivery trucks, operating personnel and damages or services necessitated by the failure to deliver liquid caustic soda or the delivery of faulty product and equipment. Any repair or dean u9 services shall be made at the Contractor's expense and to the satisfaction of the City. If the Contractor fails to comply with these requirements within 10-30 days (depending on the severity), the City may deem it expedient to repair damage and perform the necessary services at the expense of the Contractor. Should the caustic soda be negligently unloaded into the wrong tank, the Contractorls responsible for the immediate removal, cleaning and replacement of both products, for any resulting damage, and the loss of revenue. 4. Affidavit An Affidavit is required from the manufacturer or vendor that the Caustic Soda furnished under the purchaser's (City of Yakima) order complies with all applicable requirements of the AVVVVA Standard 8501-8, any specific requirements of the City of Yakima, and the standards of the Washington State Department of Health. All additive products used by public water systems must meet the requirements of either of the following two alternatives: Bid 12229 Liquid Caustic Soda and Storage Tank Page 14 of 30 a. Product acceptability shall be established under the applicable ANSI/NSF Standard (60) and be certified tothat effect byanANSI accredited listing agency, OR; b. Product shall have appeared onthe final (yNay8, 1989) USEPAadvisory listing entitled, "Report on Acceptable Drinking Water 4dditives" 4. Report Analysis The liquid Caustic Soda shipment is to be accompanied by a report of analysis for the amount of Caustic Soda in each shipment asper the AVVVVAStandard BSD1'O. This analysis shall include percent Caustic Soda byweight as delivered to the City of Yakima. S. Weight Certificate Payment shall be made only for the weight ofCaustic Soda delivered. Each shipment is to be accompanied by a weight certificate nfacertified weigher. 8. Technical Specification Analysis Form The Bidder must complete the following Technical Specification Analysis Form using one of the following responses for each of the specifications and shall be returned with the Bidder's Bid response. Failure to do so will because for rejection ofsaid Bid. 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—Exp|anmWmn' The Bidder's product partially satisfies the requirement and an explanation isincluded 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 "NO"onany item will not necessarily disallow a Bid. The City shall be the sole judge as to whether on exception is acceptable or not. Bidders are encouraged to provide further detail where such detail might differentiate their products from those of their competitors or where such detail might assist in analysis of the Bid. Technical Specification Analysis shall be returned with the Bid Submittal. FAILURE TO ODSOWILL BE CAUSE FOR REJECTION OF SAID BID SUBMITTAL. Bid 12229 Liquid Caustic Soda and Storage Tank Page 15 of 30 LIQUID CAUSTIC SODA AND STORAGE TANK TECHNICAL SPECIFICATION ANALYSIS Item Specification Yes No S*,',,mimftii��i3„''v�"Yr "�`:3'. i. {ft1F?aw.R;.iv4,Vag, AimaYiYwmacenfi ;uti»43:1 Yw, WATER Treatment Plant Membrane Grade 32 Liquid Caustic Soda. s. g. 1.35 @ 60 degrees "F" (Sodium Hydroxide NaOH) Must meet AWWA Standard B 501-08, or as per most recent revision and ANSI/NSF Standard 60 Delivery by pneumatic method, delivery vehicle must have its own air supply with necessary fittings for connection to a steel 2-inch male cam -lock. Each delivery must include weight, date and lot specific chemical and physical analysis. Membrane Grade 30% Liquid Caustic Soda s. g. 1.33 @ 60 degrees "F" (Sodium Hydroxide NaOH) Must meet AWWA Standard B 501-08, or as per most recent revision and ANSI/NSF Standard 60 Delivery by pneumatic method, delivery vehicle must have its own air supply with necessary fittings for connection to a steel 2-inch male cam -lock. Each delivery must include weight, date and lot specific chemical and physical analysis. WASTEWATER Treatment Plant Membrane Grade SO% Liquid. Caustic Soda Must meet AWWA Standard B 501-08, or as per most recent revision and ANSI/NSF Standard 60 Each delivery must include weight, date and lot specific chemical and physical analysis. Liquid Caustic Soda Tank - Provided by Vendor 6,650 gallon capacity cross -linked polyethylene double wall safe tank. Foam insulated and heat traced Internal tank heater Mechanical reverse level indicator Plumbing and heater electrical fittings on tank exterior for connection to City appurtenances Telemetric for email notification of tank level and automatic ordering Maintenance and replacement of tank and included equipment as necessary O ❑ 0 ❑ Q ❑ ❑ ❑ El 0 • El El 0 ❑ ❑ © ❑ ❑I ❑ ❑ ❑I ❑ ❑ Comments Bid 12229 Liquid Caustic Soda and Storage Tank Page 16 of 30 1. Bidder must complete and upload as part of their Bid submittal, all required forms listed below in accordance with Section III ' Preparing and Submitting oBid. • Signature Page Page • Technical Specification Analysis Pages1S'15 • Bid Form Page 18 • Vendor Questionnaire PaQe19 Bid 12229 Liquid Caustic Soda and Storage Tank Page 17 of 30 VII. BID FORM INVITATION TO BID NO. 12229 TO BIDDER: PLEASE BID YOUR LOWEST PRICE, BEST DELIVERY DATE AND PAYMENT DISCOUNT TERMS FOR THE FOLLOWING. THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS AND TO ACCEPT ANY OR ALL ITEMS AT THE PRICE BID. THE CITY INTENDS TO AWARD THIS CONTRACT WITHIN NINETY (90) CALENDAR DAYS. Bid your lowest price for the following: Item No. 1. 2. Item No. 3. SCHEDULE 1 - WATER Treatment Plant Basis of Bid to be per net pound of NaOH delivered in 24 ton / 4,000 gallons (liquid form) more or less. Description Membrane grade 32% Liquid Caustic Soda s. g. 1.35 @ 60 degrees "F" (Sodium Hydroxide NaOH). Must meet AWWA Standard B 501-08, or as per most recent revision, and ANSI/NSF Standard 60. NO EXCEPTIONS Membrane grade 30% Liquid Caustic Soda s. g. 1.33 @ 60 degrees "F" (Sodium Hydroxide NaOH). Must meet AWWA Standard B 501-08, or as per most recent revision, and ANS1/NSF Standard 60. NO EXCEPTIONS FREIGHT: F.O.B. DESTINATION SUB TOTAL: Qty. Yearly 144,000 Pounds Price Per Unit $ $ Total Price (without tax) WATER Treatment Plant 6390 Highway 12, Yakima, WA. 98908 $ SCHEDULE 2 - WASTEWATER Treatment Plant Basis of Bid to be per net pound of NaOH delivered in 50,000 — 60,000 pound deliveries. Description Membrane grade 50% Liquid Caustic Soda (Sodium Hydroxide NaOH) INCLUDING TANK. Must meet AWWA Standard B 501-08, or as per most recent revision, and ANSI/NSF Standard 60. NO EXCEPTIONS FREIGHT: F.O.B. DESTINATION SUB TOTAL: WA STATE SALES TAX Destination Based @ 8.3% TOTAL: Qty. Yearly 950,000 Pounds Price Per Unit Total Price (without tax) WASTEWATER Treatment Plant 2220 East Viola, Yakima, WA. 98901 LIST DISCOUNT OFFERED OFF LIST PRICE FOR ANY OTHER ITEMS NOT SPECIFICALLY LISTED Bid 12229 Liquid Caustic Soda and Storage Tank Page 18 of 30 Vill. VENDOR QUESTIONNAIRE INSTRUCTIONS: Provide the requested information, sign and date. |fthe City requires further description, the City may request Bidder toprovide such information within amandatory due date. You must submit this completed form tothe City ospart ofyour Bid response. Failure tosubmit this form fully complete, may result indisqualification ufBid. Vendor's Legal Name: Company's dbs:(if applicable) CEO/President Business License No. VENDOR INFORMATION U8|No , Federal BNNo. Phone ( ) Toll Free Phone ( FAX ( ) Mailing Address City E-Mail Address Physical Address City State Zip +4 Name the person tmcontact for questions concerning this proposal. Name FAX ( ) -� Mailing Address Title Toll Free Phone ( _) E-Mail Address Physical Address kyyour firm asubsidiary, parent, holding company, Vr affiliate ofanother firm? Please explain: Yes: Bid 12229 Liquid Caustic Soda and Storage Tank Page 19of30 IX. SAFETY QUESTIONNAIRE You must fill out this questionnaire and submit itwith your bid if you are offering aprice mmLiquid Caustic Soda. Failure to complete the questionnaire may be sufficient grounds for rejection of Bid. 1. Is Liquid Caustic Soda shipped on radio -equipped trucks? 2. What safety equipment is carried on the delivery trucks? A. B. C. D. E. 3. What is your unloading procedure (using the above listed safety equipment)? 4. What Liquid Caustic Soda emergency training will the drivers receive? 1. 2. Name of Course: 3. _ Number of Hours: Date ufTraining: S. What procedures are proposed for Liquid Caustic Soda emergencies during transport? (Le. Will local Fire Departments be notified of transport routes and times?) 1. ~���� -. _. —........ '' 4. 6. Who in the supplier's organization do we contact in case of emergency? (Name,Position, Phone number) Bid 12229 Liquid Caustic Soda and Storage Tank Page 20 of 30 A • LE C • CT AGREEMENT CITY OF YAKIMA BID 12229 Liquid Caustic Soda THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation (City"), and (Contractor"). WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows: 1. Statement of Work The Contractor shall provide all products, 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 12229 Liquid Caustic Soda Specifications which are attached as Exhibit A, and the most recent edition of the ANSI/AWWA/NSF and ASTM Standards, all of which are incorporated herein by this reference, and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. Product will be delivered within days after receipt of order, FOB Destination, City of Yakima: WASTEWATER Treatment Plant 2220 East Viola, Yakima, WA. 98901 WATER Treatment Plant OR 6390 U.S. Highway 12 Yakima, WA. 98908 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. Bid 12229 Liquid Caustic Soda and Storage Tank Page 21 of 30 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 defects in material and workmanship. 10. Compliance with Law Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. Contractor shall procure and have all applicable and necessary permits, licenses and approvals of any federal, state, and local government or governmental authority or this project, pay all charges and fees, and give all notices necessary and incidental to the due and lawful execution of the work. a. Procurement of a City Business License. Contractor must procure a City of Yakima Business License and pay all charges, fees, and taxes associated with said license, b. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as required in Title 85 RCW. c. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number. Contractor must have a current UBI number and not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). d. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50 RCW. Bid 12229 Liquid Caustic Soda and Storage Tank Page 22 of 30 e. Although the City does not require foreign corporate proposers tOqualify in the City, County or State prior to submitting a proposal, it is specifically understood and agreed that any such corporation will pn]nn[t|y take all necessary mo8aumu to buonmu authorized to conduct bVSinouo in the City of Yakima a(their own 8xpenSe, without regard t0whether such corporation is actually awarded the oontn8C[ and in the event that the award is made, prior t0conducting 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 Statuo, sexual orientation, gender identity, pregnancy, veteran's status, puUUC8| affiliation or belief, or the pnuoenC8 of any uonuu/y, mental or physical handicap in violation of the VYeoh|ngk)O Gtub* Law Against Discrimination /RCVV chapter 49.8O\ or the AnOghC8OS with Disabilities Act /42UGC121O1ntseql This provision ShoU include but not be limited huthe following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff Vrtermination, rates of pay or other forms of compenu8kion, oa|ootiOD for training, and the provision of Services under this Agreement. In the event of the Contractor's noncompliance with the non-d iscrim i nation clause of this contract or with any such rules, regulations, or orders, this Contract may be C8OooUoU, terminated, or suspended in whole or in part and the Contn8C0J[ may be d6domd 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 upp|iC8Dtu as a part of their essential job tunoUnn8 cannot d|eo|oS8 the pay of other employees or applicants to individuals who do not otherwise have aou8Ss to compensation information, uO|emu the diSC|nSum is (a) in response to a formal complaint or Ch8/Do, /b\ in furtherance of an investigation, proceeding, hearing, or 8nUon. 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 Xyka all nau0000ry precautions in performing the Services to prevent injury to persons or property. The Contractor agrees to na|aaoo, indemndy, defemd, and hold hann|aao the Qh/. its elected and appointed offiuia|a, nffioem, omp|oyoeo, agents, representatives, |nouoom, attomayu, and volunteers from all liabilities, |oaoeo, damageo, 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 pndhnnano8 of this Agmom8Dt, except for d3i0S caused by the City'o ao|8 negligence. The City's right to indemnification includes attorney's fees costs associated with establishing the right to indemnification hereunder infavor ofthe City. b. Industrial Insurance Act Waiver. It is specifically and oxpmuu|y understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance aot. Title 51 RCVV, solely for the purposes Of this indemnification. Contractor's indemnification ohoU not be limited in any way by any limitation on the amount of damages, compensation or benefits payable VJ or by any third party under workers' compensation ootn, disability benefit acts or any other benefits acts or programs. Contractor shall require that its subcontractors, and anyone d|noo8y or indirectly employed or hired by Contractor, and anyone for whose uobG C0Ot[eohnr may be |i3b|a in C0DO8CtioO with its performance of this Agreement, comply with the tnnnS of this paragraph, waive any immunity granted under T|U8 51 RCYV, and assume all pOtoO1ie| liability for actions brought bytheir respective omp|ny88S. The Parties acknowledge that they have mutually negotiated this waiver. C. Should ocourt Ofcompetent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages 8r|SiOQ out of bodily injury to panSOnS or damages to property caused by or resulting from the concurrent negligence uf the Contractor and the City, the Contractor's liability, including the duty and cost to defend, shall beonly Vothe extent ofthe Contractor's negligence. Bid 12229 Liquid Caustic Soda and Storage Tank Page 23 of 30 d. Nothing contained inthis Section urthis Contract shall bnconstrued 1ocreate aliability ur8 rightofindamnifinaUoninany third party. n. The terms of this Section shall survive any expiration or termination of this Contract. 14. Contractor's Liability Insurance /t all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect inSun3DSo to protect the City and Contractor from and against any and all claims, d8m8g8S' |ouono, and expenses arising out of or resulting from the performance nfthis Contract. Contractor shall provide and maintain in fnvoo insurance in limits no |oao than that stated bo|ow, as applicable. The City nunon/8S the right to require higher limits should it deem it necessary in the best interest of the public. Contractor shall provide 3 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 b8provided hxthe City, prior 10commencement ofwork. 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 iSrequired: e. Commercial Liability Insurance Before this Contract is fully executed by the parties, Contractor shall provide the City with 8certificate ufinsurance and aUd|U0n8| insured endorsements on proof Ofcommercial liability insurance with e 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 nheU be shown on the Certificate ofInsurance and Endorsements and the City, its elected and appointed officials, nmp|oyeoo, 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 b*iOeffect for the duration ufthis Contract. The certificate ofinsurance and additional insured endorsements shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and wdUnteom as additional |noumdn, and shall contain 8clause that the insurer will not cancel orchange the insurance without first giving the City prior written notice. The |naununon oh8U be with an |noununuo company orcompanies rated A'V|| or higher in B8SYS Guide and admitted in the State of Washington. The requirements contained h8noin, on well as City nfY8kima'n review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities orobligations assumed byContractor under this contract. b. Automobile Liability Insurance Before this Contract is fully executed by the parties, Contractor uh8U provide the 8|tv with 8 oad|fioata of |nuumno8 as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence. )fContractor carries higher coverage limits, such Um|bo shall be shown on the Certificate Of Insurance and Endorsements and the Cdv' its elected and appointed offio|a|o. emp|ny888' agents, attorneys and volunteers 9hGU be named an 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 aUU|t|on8| insured endorsements Sh8U name the City ofYakima, its elected and appointed officials, omp|oyanu, agents, attorneys and volunteers 8Sadditional insureds, and shall contain uc|aume 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 orcompanies rated A,V|| or higher in BoSfS Guide and admitted in the State of Washington. The requirements contained honmin, as well as City of Yak|ma'm review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit O[qualify the |i8bi|iU8S or obligations assumed by Contractor under this contract. The bUSiO8SS auto ||obi|ih/ uhGU iOC|Ud8 Hired and Non -Owned coverage if necessary. o. Employer's Liability (Stop Gap) Contractor and all subcontractor(s) shall at all UmaS comply with all applicable workers' compensation, occupational UiSe800' and occupational health and safety laws, statutes, and noQu|8UOn8 to the full extent applicable, and uh8U maintain Employer's Liability insurance with a limit of no less than $1,000,000.00. The City shall not be held responsible Bid 12229 Liquid Caustic Soda and Storage Tank Page 24 of 30 inany 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 olaknS resulting from negligent acts of all 9uUCon8aotor(o). Contractor is responsible to ensure subcontractor(s) have insurance as needed. Failure Of subcontractors(s) to comply with insurance requirements does not limit Contractor's liability or responsibility. d. Business Auto Policy (BA9) In the event that services delivered pursuant to this contract involve the use of vehicles, or the transportation of clients, automobile ||obi|dv inuun@DCn uh8U be required. The oVm9mgo provided shall protect against o|8i0s for bodily injury, including i||nnox, diS83wa and death; and property damage o8uuoU by on UCCunonQ3 arising out of or in consequence of the performance cf this service by the Contractor, subcontractor, or anyone employed by either. Contractor shall maintain business auto liability and, |fnecessary, commercial umbrella liability insurance with 8combined Sing/8 limit not less than $2.000.000 per occurrence. The bua|n8SS auto liability shall include Hired and Non -Owned coverage. e. Pn||uUmn Liability coverage /tleast ao broad 8othat provided under ISO Pollution Liability ' Broadened Coverage for Covered Autos Endorsement CA9848shall beprovided and the Motor Carrier Act Endorsement /K8CS9O\shall beattached and required after award and must cover all vehicles tObeused with this contract. Commercial General Liability: Combined GiDD|o Limit: $2.000,000 Per Occurrence $2,OOU.OU0Annual Aggregate Automobile Liability $2.00O.0UDPer Occurrence Contractor's insurance coverage shall beprimary insurance with respect k)those who are Additional Insureds under this Contract. Any |naun8OCe' nR|An9u[anoe or insurance pool coverage maintained by the City ohuU be in excess of the COntn8St0/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. 15.0mverab|Nty Kany term U[condition Ofthis Contract orthe application theren toany pnrsnn(8)urcircumstances isheld invalid, such invalidity shall not affect other terms, conditions orapplications which can begiven effect without the invalid term, condition orapplication. Tothis end, the terms and conditions ofthis Contract are declared severable. 16. Contract Documents This Contract, the Invitation toBid 12229 Liquid Caustic Soda Scope of Work, conditions, addenda, and modifications and Contractor's p0puo@| 8D the extent consistent with Qb/ 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 K4unGge[' 12SNo. 2»«SU..Yakima, WA, 889O1'and are hereby incorporated byreference into this Contract. 17. Termination ' Termination for Cause In the event the Contractor bnB8oh8S this Contract' the City may terminate the Contract at US sole discretion in such event that it provides the Contractor with written notice of Contractor's breach and the Contractor fails to cure its breach within 30 days of this 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 Contractwithin 8Odays Ofthis notice. The following represents a non-exclusive, illustrative list of instances that shall be considered a breach by the Contractor: u. Defaults un@nobligation under the Contract; b. Fails h>perform any material obligation required under the Contract; Bid 12229 Liquid Caustic Soda and Storage Tank Page 25 ofBO o. Files 8petition inbankruptcy, becomes insolvent, nrotherwise takes action hodissolve uualegal entity; d. Allows any final judgment not tobesatisfied oralien not tubodisputed after elegallyimposed,30-doymotkm; H. Makes 8nassignment for the benefit ufcreditors; [ Fails to follow the sales and use tax certification requirements of the State of Washington; g. Incurs 8delinquent Washington tax liability; h. Becomes 8State VrFederally debarred Contractor; i. |oexcluded from federal procurement and non -procurement Contracts; j. Fails homaintain and keep |nforce all required |nuuvanoo. permits and licenses as provided inthe Contract; h. 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, County or municipal employee; or Termination for Convenience The City may terminate the Contract, without cause, by providing 30 days written notice of termination. In the event of termination for convenience, the Contractor shall be ont|8nU to receive compensation for any fees owed under the Contract. The Contractor shall also be compensated for partially completed uom|cea. In this event' compensation for such partially completed oom|onm shall be no more than the percentage of completion of the SnmiCeS requested, at the sole discretion of the Qb/, 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 refundforgonduor 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. In addition to the above termination provisions, if the funds upon which the City relied to establish this Contract are withdrawn, reduced, o[limited, 0[if additional Ormodified conditions are placed Onsuch funding, the City may terminate this Contract by providing at least five business days written notice hothe 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 oh8U first pursue mediation as 8 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 Chv. pursuant to City ordinance, may re -award the contract hxthe next most responsible Proposer within 12Odays from original award, When a Contractor is unable to supply goods and/or uem|uao to the City and is in bno8Ch of the cOntn8C[ or when the contract is terminated by the City for cause as herein provided, the City nooameo the right to m'8w8nd the contract to the next most responsible Proposer within 12Odays from original award. 20. Force M' Contractor will not be responsible for delays in delivery duo 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 Bid 12229 Liquid Caustic Soda and Storage Tank Page 26 of 30 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 or in excess of allowable and accepted price changes shall be made. In no event shall the Contractor be paid or be entitled to payment for services that are not authorized herein or any properly executed amendment. Notice of Business Changes: Contractor shall notify the City in writing within three (3) business days of any change in ownership of the facilities of the Contractor or of the facilities of any subcontractor. The Contractor shall notify the City in writing as soon as possible, and in no event later than three (3) business days, after any decision by the Contractor to change or discontinue service that will affect services provided to the City under this Contract. The City shall have the right to renegotiate the terms and conditions of this Contract to the extent required to accommodate a change in governing law or policy that, in the sole discretion of the City, either substantially and unreasonably enlarges the Contractor's duties hereunder, or renders performance, enforcement or compliance with the totality of the Contract impossible, patently unreasonable, or unnecessary. Notices and demands under and related to this Contract shall be in writing and sent to the parties at their addresses as follows: TO WATER TREAMENT TO WASTEWATER PLANT: TREATMENT PLANT: Jeff Bond Mike Price Water Treatment Plant Wastewater Manager Supervisor City of Yakima City of Yakima 2220 East Viola 6380 U.S. Highway 12 Yakima, WA. 98901 Yakima, WA. 98908 COPY TO: Susan Knotts Buyer II City of Yakima 129 N. 2nd Street Yakima, WA. 98901 TO CONTRACTOR: 26. Survival The foregoing sections of this Contract, 1-26 inclusive, shall survive the expiration or termination of this Contract in accordance with their terms. IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written. CITY OF YAKIMA [ENTER CONTRACTOR NAME] By: City Manager Date:. Attest: City Clerk Date: (Print name) Bid 12229 Liquid Caustic Soda and Storage Tank Page 27 of 30 AGREEMENT EXHIBIT A AGREEMENT EXHIBIT B SPECIFICATIONS CONTRACTOR'S BID FORM Bid 12229 Liquid Caustic Soda and Storage Tank Page 28 of 30 XI. SAMPLE CERTIFICATE OF INSURANCE WITH ADDITIONAL INSURED ENDORSEMENT AC R CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) URRENT DATE THIS CERTIFICATE 19 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 right* to the ceKaftcate holder to Ilea of such endorsement(s). PRODUCER INSURANCE AGENT ISSUING CERTIFICATE INSURED Entity Insured Address ACT INSURANCE AGENT INFORMATION INSURE ROD AFFORDING COVERAGE INSURER A: A-VIII OR BETTER, ADMITTED CARRIER INSURER B: INSURER C INSURER D : INSURER E: INSURER F..�,,,��_,.,.,.,.�.__..____— COVERAGER CERTIFICATE NUMBER: REVISION NUMBS 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. A'I, OM= N i*a key oY OM MD POLICYNUMBER tMMI001YY'YYt X TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EN'L AGGREGATE LIMIT APPLIES PER: POLICY OTHER: X PRO. JECT AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY LOC SCHEDULED AUTOS NON -OWNED AUTOS ONLY POLICY NUMBER POLICY NUMBER START DATE START DATE LIMITS EACH OCCURRENCE. $ 2,000,000 6AviAGE`T0TIESII ei5'" PREMISES-(Eeaccurrenr.T+,j ,_$ 100,000 MED EXP (Any one person) $ 5,000 STOP PERSONALSADV INJURY $ 1,000,000 DATE ---'- GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 STOP DATE _H�PNGLE IT BODILY INJURY (Per person) A UMBRELLA LIAB EXCESS LIAB [1Fi] L _ RETENT $ OCCUR CLAIMS -MADE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y 1 N ANYPROPRIETORIPARTNERJEXECUTIVE "----} OFFICER/MEMBER EXCLUDED? (Mandatory In NH) II yyes describe under OESdRUPTION OF OPFRATIONStslaw NIA', POLICY NUMBER STOP GAP! EL ONLY START DATE STOP DATE CH OCCURREN A $ EL. EACH ACCIDENT $ 1,000,000 L DISEASE -EAEMPLOYEE. $ 1,000,000 L DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS ! LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached N more apace is rsqulrsd) 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 (2016/03) 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 0 1988-2015 ACORD CORPORATION, All rights reserved. The ACORD name and logo are registered marks of ACORD Bid 12229 Liquid Caustic Soda and Storage Tank Page 29 of 30 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of 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. Information re uired to com Location(s) Of Covered Operations lete 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 Senedulei 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 wore 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 CI Bid 12229 Liquid Caustic Soda and Storage Tank Page 30 of 30 CONTRACTOR'S BID FOR Northstar Chemical, Inc. ^ CITY OF YAKIMA INVITATION TO BID 12229 SIGNATURE SHEET THIS IS NOT AN ORDER BID Release Date: September 9, 2022 Bid Receipt: Bidders must first register with Pub|ioPuroheao.00m and Bid ohu| be completely uploaded into Public Pu,ohmon.00m no later than the date and time listed below. Register as early as possible and do not wait until the duo date to upload your dncumenta, as this may take some time. Late Bids will not be accepted or evaluated. If you try to submit a Bid |at*, the electronic � system will not receive it. Bid openings are public. Bids shall be firm for acceptance for ninety (90) days from date of Bid opening, unless otherwise noted BIDS ARE ONLY RECEIVED THROUGH PUBLICPURCHASE.COM Purchasing For: City ofYakima Water Treatment Plant Wastewater Treatment Plant Yakima, WA 98801 Buyer mcharge mthis procurement (Cumactm,mrtho information): Susan Knotte.CPPO.CPP8,N|GP-CPP BuyorU Bids Must be completely uploaded by: Public Opening RI September 23, 2022 at 1 1 :00:oo AM PST Phone E-Mail Address (509)575'8095 Susan. Kn hinmoVVA.GOV PROJECT DESCRIPTION SUMMARY LIQUID CAUSTIC SODA Enter Prompt Payment Discount: D VVa/I wiwillcomplete delivery wh3� within days after receipt of order, Delivery Details: FOB DooUno1ion, Freight Prepaid, Inside Delivery required �� I hereby acknowledge receiving addendurn(a) Insigning this Bid woalso certify that wohave not, either directly mindirectly, entered into any agreement mparticipated inany collusion motherwise taken any action inrestraint uffree 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 orpotential competitor; that this Bid has not been knowingly disclosed prior tothe opening ufBids boany other Bidder orcompetitor; that the above statement iuaccurate under penalty ofperjury. Furthermore, the Washington State |ntmdoca| Cooperative Act (RCVU 38.34) provides that other governmental agencies may purchase goods o, wwmiumm on this solicitation or contract in accordance with the terms and phuoo indicated therein Ifall parties aarww. 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 terrns, conditions and specifications required by the City of Yakima in this Invitation to Bid and all terms of our Bid. Company Name Northstar Chemical, Inc Company Address 14200GVV Road, Sherwood, OR 97140 Name ovAuthorized Company Representative (Type mPrint) Matt Werger Title Vice President General Manager Phone (5U3 )625-377O Fax Signature of Above 9/19/2O22 Bid 12229 Liquid Caustic Soda Email Address Page 2 of 30 LIQUID CAUSTIC SODA TECHNICAL SPECIFICATION ANALYSIS Item Specification Yes No \\\ti4Cti'�S`\\`\RS`ll:afZ<'��\`k`'k$Yn..Ui{i`x\\`kR SL4k2l p:k~•,Y„t`k`k,SS}33111\(;\\... ZZ\xx4+2rlL'vx i"»l .r;. a<t ,,,i`S1tt 4`.. `;`k�. 4 St>.xx{Uko-„x„vr" WATER Treatment Plant Membrane Grade 32% Liquid Caustic Soda s. g. 1.35 @ 60 degrees "F" (Sodium Hydroxide NaOH) Must meet AWWA Standard B 501-08, or as per most recent revision and ANSI/NSF Standard 60 Delivery by pneumatic method, delivery vehicle must have its own air supply with necessary fittings for connection to a steel 2-inch male cam -lock. Each delivery must include weight, date and lot specific chemical and physical analysis. Membrane Grade 30% liquid Caustic Soda s. g. 1.33 @ 60 degrees "F" (Sodium Hydroxide NaOH) Must meet AWWA Standard B 501-08, or as per most recent revision and ANSI/NSF Standard 60 Delivery by pneumatic method, delivery vehicle must have its own air supply with necessary fittings for connection to a steel 2-inch male cam -lock. Each delivery must include weight, date and lot specific chemical and physical analysis. WASTEWATER Treatment Plant, Membrane Grade 50% Liquid Caustic Soda Must meet AWWA Standard B 501-08, or as per most recent revision and ANSI/NSF Standard 60 Each delivery must include weight, date and lot specific chemical and physical analysis. Liquid Caustic Soda Tank — Provided by Vendor 6,650 gallon capacity cross -linked polyethylene double wall safe tank. Foam insulated and heat traced Internal tank heater Mechanical reverse level indicator Plumbing and heater electrical fittings on tank exterior for connection to City appurtenances Telemetric for email notification of tank level and automatic ordering Maintenance and replacement of tank and included equipment as necessary X Q X n X ❑ X ❑ ggazIOWATMOV4= Comments Bid 12229 Liquid Caustic Soda Page 16 of 30 VII. BID FORM INVITATION TO BID NO. 12229 TO BIDDER: PLEASE BID YOUR LOWEST PRICE, BEST DELIVERY DATE AND PAYMENT DISCOUNT TERMS FOR THE FOLLOWING. THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS AND TO ACCEPT ANY OR ALL ITEMS AT THE PRICE BID. THE CITY INTENDS TO AWARD THIS CONTRACT WITHIN NINETY (90) CALENDAR DAYS. Bid your lowest price for the following: Item No. 1. SCHEDULE 1- WATER Treatment Plant Basis of Bid to be per net pound of NaOH delivered in 24 ton / 4,000 gallons (liquid form) more or less. Description Membrane grade 32% Liquid Caustic Soda s. g. 1.35 @ 60 degrees "F" (Sodium Hydroxide NaOH). Must meet AWWA Standard B 501-08, or as per most recent revision, and ANSI/NSF Standard 60. NO EXCEPTIONS 2. Membrane grade 30% Liquid Caustic Soda s. g. 1.33 @ 60 degrees "F" (Sodium Hydroxide NaOH). Must meet AWWA Standard B 501-08, or as per most recent revision, and ANSI/NSF Standard 60. NO EXCEPTIONS FREIGHT: F.O.B. DESTINATION Qty. Yearly 144,000 Pounds Price Per Unit $ $0.1730 $ $0.1747 Total Price (without tax) $ 24,912.00 $ 25,156.80 WATER Treatment Plant 6390 Highway 12, Yakima, WA. 98908 SUB TOTAL: $ 50,068.80 SCHEDULE 2 - WASTEWATER Treatment Plant Basis of Bid to be per net pound of NaOH delivered in 50,000 — 60,000 pound deliveries. Item No. 3. Description Membrane grade 50% Liquid Caustic Soda (Sodium Hydroxide NaOH) INCLUDING TANK. Must meet AWWA Standard B 501-08, or as per most recent revision, and ANSI/NSF Standard 60. NO EXCEPTIONS FREIGHT: F.O.B. DESTINATION SUB TOTAL: WA STATE SALES TAX Destination Based @ 8.3% TOTAL: Qty. Price Total Price Yearly Per Unit (without tax) 950,000 Pounds $ $0.2750 $ 261,250.00 WASTEWATER Treatment Plant 2220 East Viola, Yakima, WA. 98901 $ 261,250.00 $ 21,683.75 $ 282,933.75 LIST DISCOUNT OFFERED OFF LIST PRICE FOR ANY OTHER ITEMS NOT SPECIFICALLY LISTED 0 Bid 12229 Liquid Caustic Soda and Storage Tank Page 18 of 30 VIII. VENDOR QUESTIONNAIRE INSTRUCTIONS: Provide the requested information, sign and date. If the City requires further description, the City may request Bidder to provide such information within a mandatory due date. You must submit this completed form to the City as part of your Bid response. Failure to submit this form fully complete, may result in disqualification of Bid. Vendor's Legal Name: Company's dba: (if applicable) CEO/President Name: Business License No. VENDOR INFORMATION Northstar Chemical, Inc Matt Werger - Vice President/General Manager Phone (503) 625-3770 UBI No.601-711-981 Federal EIN No. Toll Free Phone FAX (503 ) 625-1478 E-Mail Address Mailing Address 14200 SW Tualatin -Sherwood Road City Sherwood 94-9192181 State OR Zip + 4 97140 Physical Address 14200 SW Tualatin -Sherwood Road City Sherwood State OR Zip + 4 97140 Name the person to contact for questions concerning this proposal. Name Julie DeBellis Title Sales Coordinator Phone (5-03) 625-3770 Toll Free Phone ( ) FAX (503) 625-1478 Mailing Address 14200 SW Tualatin -Sherwood Road E-Mail Address bidsnw@northstarchemical.com City Sherwood State OR Physical Address 14200 SW Tualatin -Sherwood Road City Sherwood Zip + 4 97140 State OR Is your firm a subsidiary, parent, holding company, or affiliate of another firm? Please explain: Zip + 4 97140 Bid 12229 Liquid Caustic Soda Page 19 of 30 IX. SAFETY QUESTIONNAIRE You must fill out this questionnaire and submit it with your bid if you are offering a price on Liquid Caustic Soda. Failure to complete the questionnaire may be sufficient grounds for reiection of Bid. 1. Is Liquid Caustic Soda shipped on radio -equipped trucks? J. What safety equipment iscarried onthe delivery trucks? A. Individual PPE B. G'U Kit i.e. neutralizing agents, spilldmnl. inflatable_spill containment C. First AidKit D. Fire extinguisher E. Safety cones, safety tape � _ I What is your unloading procedure (using the above listed safety equipment)? Park in safe location, verify no people in area, put on ppe, identify eye wash/safety shower, Tob-n-Tify-fadink to be deriv—ered to, inspect faffk-fro-rs -- issues, egin pumping product, monitor .~... .....' inspect.._.leaks, _clear the pump lines and -.�,—m, _f product, `put aVvaVhose, contact customer toWentYdeU� V�ry'�n�'��s�e, 4. What Liquid Caustic Soda emergency training will the drivers receive? Name ofCourse: Number ofHours: 1. Product Safety Orientation 24-40 hours Date ofTraining: Start Date 2. HAZ\8kOPER! Training 40 houno~ TBC> S. What procedures are proposed for Liquid Caustic Soda emergencies during transport? (|.e. Will local Five Departments be notified of transport routes and tinneo7) 1. Ensure personal safety 2. Stop spill/containation of area 3. Contact dispatch 4. Dispatch contracts Northstar's emergency response team and if needed first responders. 6. Who in the supplier's organization do we contact in case of emergency? Mike Steeprow, Operations Manager, 503-625-3770 (Name, Position, Phone number) Bid l2229Liquid Caustic Soda , Page 20 of 30 Client*: 1817270 ACORD. CERTIFICATE OF LIA DATE (MWDDIYYYY) 7/01/2022 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(8), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDRIONAL INSURED, the pollcy(ies) must have ADDITIONAL INSURED provision or be endorsed. If SUBROGATION 1S WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(sj. PRODUCER �CT USI Insurance Services, LLC LIc * 0G11911 201 Mission St 11th FI San Francisco, CA 94105 INSURED Northstar Chemical Inc. 14200 S.W. Tualatin -Sherwood Road Sherwood, OR 97140 COVERAGES L NORTHCHEIO INSURANCE Stephanie Ru erlatain 628 201-9001 teph.ruppensteinusi.com INSURER(S) AFFORDING COVERAGE NAIC e INSURER A - Everest Indemnity Insurance Company 10851 INSURER B : SAIF Corporation INSURER C : Everest Denali Insurance Company 16044 INSURER 0 : INSURER E INSURER F : CERTIFICATE NUMBER: REVISION NUMBER: C 36196 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. LI -Oak— TYPE OF INSURANCE WY0 POLICY NUMBER IMdD� A COMMERCIAL GENERAL LIAeILm EF2ML00088221 07/01/2022 07/01/202 CLAIMS -MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: PRO - POLICY X JECT X LOC OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED I SCHEDULED AUTOS ONLY I,�y AUTOS HIRED NON -OWNED AUTOS ONLY L AUTOS ONLY tl INCL. UMBRELLAUAB X OCCUR EXCESS LIAO I CLAIMS -MADE - TENTION $ DEO 1 RETE WORKERS COMPENSATION ANOEMPLOY7ERRS'pLIA'BILITYYV Y!N OFFIC EMBER EXCWDEIn ECUTIVE IN I A (Mandatory In NH) II describe under DESCRIPTION OF OPERATIONS below EF2CA00025221 EF2CU00085221 976980 LIMITS EACH OCCURRENCE $10 0 ,000O a._ Wa M ) $300 100 MED EXP (AnLone person)S4,_000 PERSONAL & ADV INJURY S 1,000,000 GENERAL AGGREGATE s2,0001000 PRODUCTS •COMP/OP AGG $ 2,000,000 POLLUTION sl,000,000 07/01/2022 07/01/202r g;°�§INdL� LIMIT LL 41,000,000 BODILY INJURY (Per person) S BODILY INJURY (Per aocldent) $ PROPERTY DAMAGE LPgr 4« a!I,tL... _s 07/01 /2022 1 07/01 /2023 EACH OCCURRENCE AGGREGATE 07/01/2022 07/01►2023 X .. TATLITE TM EL EACH ACCIDENT g S1,000,000 hE L DISEASE - EA EMPLOYEE s1,000,000 EL DISEASE - POLICY LIMIT 1 s1,0001000 S s5,000,000 st 000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If mars NW, le required) The City of Yakima and the County of Yakima, its agents, employees, authorized volunteers, elected and appointed officials are named as additional Insured as it relates to general liability in accordance with the terms and conditions of the policy. The general liability coverage Is primary and non-contributory where required by written contract. Stop Gap/EL - $1,000,000 limit - Provided under the General Liability Policy. CERTIFICATE HOLDER ACOR City of Yakima/County of Yakima Purchasing Department 129 N. 2nd St. Yakima, WA 98901 22 365181451 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 REPRESENTAT1VE ®iIIf40.2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD VDBZP This page has been left blank intentionally, POLICY NUMBER: EF2ML00088-221 COMMERCIAL GENERAL LIABILITY CG20370413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Addlttcnal Insured Person(s) Or Organization(s) As required by written contract signed by both parties prior to loss. Location And Description Of Com • leted O • erations Information re+ulred to com • le 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" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and Included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is Tess. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations, CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 This page has been left blank intentionally. POLICY NUMBER: EF2ML00088-221 EVEREST ENVIRONMENTAL PLUS ECG 24 699 09 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: EVEREST ENVIRONMENTAL PLUS COVERAGE FORM SCHEDULE Designated Person or Organization: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and we will not seek contribution from any other insurance available to the person or organization designated in the Schedule above which you have agreed to insure under this Policy provided that: (1) Such person or organization is an insured under this Policy; and (2) An "insured contract" requires this insurance to be primary. ECG 24 699 09 18 All other terms and conditions of this Policy remain unchanged. Copyright, Everest Reinsurance Company, 2018 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 1 of 1 This page has been left blank intentionally. POLICY NUMBER: EF2ML00088-221 INTERLINE EIL 04 522 10 18 THIS ENDORSEMENT CH GES THE POLICY. PLEASE READ IT C EFULLY. This endorsement modifies insurance provided under the following: EVEREST CONTRACTORS ENVIRONMENTAL PLUS COVERAGE PART EVEREST ENVIRONMENTAL PLUS COVERAGE PART SCHEDULE Name of Person or Organization: As required by written contract signed by both parties prior to loss. Infonriation 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 insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: This insurance does not apply to "bodily injury", "property damage", "environmental damage" or other damage, cost or expense occurring after: (1) All work, including materials, parts or equipment 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 site 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 intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. EIL 04 522 10 18 All other terms and conditions of this Policy remain unchanged, Copyright, Everest Reinsurance Company 2018 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 1 of 1 This page has been left blank intentionally. (17 BID CONTRACT AMENDMENT NO. 1 BID CONTRACT: Bid 12229 Liquid Caustic Soda and Storage Tank DESCRIPTION: Price Decrease CONTRACTOR: Northstar Chemical, Inc. AMENDMENT: Price decrease of approximately 4%- 5%with a savings of $13,257.20 to $13,660.40 Savings above based on Bid quantities. DOLLAR AMOUNT OF MODIFICATION: Membrane Grade 32%Liquid Caustic Soda from 0.173 Lb. down to 0.1656 Lb. Membrane Grade 30%Liquid Caustic Soda from 0.1747 Lb. down to 0.1667 Lb. Membrane Grade 50%Liquid Caustic Soda,including storage tank from 0.2750 Lb. down to 0.2620 Lb. CONDITIONS: This price decrease will take effect November 2, 2023,with pricing being firm and fixed for the next 365 days. All other parts of this Contract will remain the same. ADDITIONAL INFORMATION: This Bid was awarded to Northstar Chemical,Inc. on October 25, 2022. This is a potential five year contract ending on October 24, 2027. AUTHORIZATION: Please see attached revised tabulation for Bid 12229 Liquid Caustic Soda. DATED this 20 day of November , 2023. CITY 0 AKIMA NORTHSTAR CHEMICAL, INC. By: By: City Manager Name: Matt Werger Title: Executive Vice President Date: 1,‘/ Date: 11/20/2023 ATTEST: \ IN 11 L ! 1 1 i *•• �11i City Clerk * S F, AL i l�l *Y �r Contract No. 2022-195. ku A 1 �2'� �cT.. 11�tl\\`ING`= Bid 12229-Contract Amendment No. 1 Page 1 of 1 ��I``Y'1 1t`'+,, Bid Tabulation-REVISIED 11102123 "` �',,, Project: Liquid Caustic Soda I N �'\ Bid Opening: Friday, September 23,2022 Ol`all013:6 1..", ,\ % Project No.: 12229 Approval:City Manager/Date ,,`� '•. ., Contract Term: 1-Yr with possible four 1-yr extentions 'o, ••ma's,," Project Manager: Jeff Bond,Watertreatment Plant Supervisor °' ,,;,',' % Mike Price,Wastewater Manager Contract Term:09/23/22-09/22/27 AWARD AND REASON THEREFORE: Vendor Name Vendor Name Vendor Name Vendor Name I recommend award to Northstar Chemical,Inc.due to theirs being the only responsive Bid received from a responsible Bidder. Northstar Chemical, Inc. Univar USA, Inc. BUYER/DATE No. Description Qty. Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price SHEDULE 1 -WATER Treatment Plant Basis of Bid to be per net pound of NaOH delivered in 24 ton/4,000 gallons(liquid form)more or less. Membrane grade 32%Liquid Caustic Soda s.g.1.35 @ 60 degrees"F"(Sodium 1 Hydrozide Na0H). Must meet AWWA 0 $21,912.00 No Bid 0 00 0 00 Standard B 501-08,or as per most recent 0.1656 $23,846.40 revision,and ANSI/NSF Standard 60.NO EXCEPTIONS 144,000 Lbs. Membrane grade 30%Liquid Caustic Soda s.g.1.33 @ 60 degrees"F"(Sodium 2 Hydrozide NaOH). Must meet AWWA 0.174T $-25 156.80 No Bid 0.00 0.00 Standard B 501-08,or as per most recent 0.1667 $24,004.80 revision,and ANSI/NSF Standard 60.NO EXCEPTIONS Freight FOB Destination: SCHEDULE 2-WASTEWATER Treatment Plant Basis of Bid to be per net pound of NaOH delivered in 50,000—60,000 pound deliveries. Membrane grade 50%Liquid Caustic Soda 4 (Sodium Hydroxide NaOH) INCLUDING 950,000 Lbs. 0-2—5 $464,254,00 No Bid 0.00 0.00 TRANK. Must meet AWWA Standard B 501- 0.262 $248,900.00 08,or as per most recent revision,and ANSI/NSF Standard 60.NO EXCEPTIONS Freight FOB Destination: WASTEWATER Treatment Plant,2220 East Viola,Yakima,WA.98901 Payment Discount/Terms: 0%/net 30 Delivery Time: 3-5 Days Bid meets all criteria listed Comments: on the Technical Specification Analysis Form.