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HomeMy WebLinkAboutR-2023-138 Resolution awarding Bid 12338 and authorizing an agreement with Northstar Chemical, Inc., for Liquid Aluminum Chlorohydrate (ACH)RESOLUTION NO. R-2023-138 A RESOLUTION awarding Bid 12338 and authorizing an agreement with Northstar Chemical, Inc., for Liquid Aluminum Chlorohydrate (ACH). WHEREAS, the City published notice in the Yakima Herald Republic on September 6 and 8, 2023 and on the city's webpage through PublicPurchase.com that Bid No. 12338 was open for competitive bid; and WHEREAS, bids were due by September 21, 2023, 2:00:00 PM PST. Bids received through Public Purchase were publicly opened in the City Council Chambers, in Yakima WA; and, WHEREAS, bids that were received, are included on the attached bid tabulation; and WHEREAS, recommendation of award was made to Northstar Chemical, Inc. The City Manager reviewed and approved the recommendation of award on, October 3, 2023, as indicated on the attached bid tabulation; and WHEREAS, the bid submittal recommended for award and available budget meet the needs and requirements of the City of Yakima Water Treatment Plant for this solicitation, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: That award for Bid 12338 is hereby awarded to Northstar Chemical and the City Manager is authorized and directed to execute the resulting agreement. This is a potential three-year contract, with an approximate annual award amount of $127,000. ADOPTED BY THE CITY COUNCIL this 17th day of October, 2023. Janice Deccio, ayor ATTEST: Rosalinda Ibarra, City Clerk AGREEMENT CITY OF YAKIMA BID 12338 Liquid Aluminum Chlorohydrate (ACH) 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 Services The Contractor shall perform all work and service(s) and furnish all tools, materials, labor and equipment (collectively referred to as 'Services") according to the procedure outlined in Bid 12338 liquid Aluminum Chlorohydrate (ACH) Specifications which are attached as Exhibit A, and the most recent edition of the ANSU/TIA/EIA and NEC 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. 2. Compensation The City agrees to; pay the Contractor according to Contractor's Bid Form which are attached as Exhibit B, and incorporated' herein by this reference, 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 fora 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 two () additional years. Fora total of three (3) 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 review or unless the Services have been completed to the City's satisfaction prior to any automatic renewal. 4. Agency Relationship between City and Contractor Contractor shall, at all times, be an independent Contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for, or on, behalf of City. 5. Successors and Assigns a. Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties, or interests accruing from this Contract without the prior written consent of the other. b. The Contractor for itself, and for its heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. 6. Property Rights All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be surrendered to the City upon demand. All information concerning the City and said project which is not otherwise a matter of public record or required by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at any time disclose that information without the express written consent of the City, 7. Inspection, Production and Retention 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. 12338 Agreement Page 1 of 55 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 /Yakima County 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. 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 State Contractor Registration number. c. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as required in Title 85 RCW. d. 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). e. 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. 9. Nondiscrimination Provision During the performance of this Contract, the Contractor agrees as follows: The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, sexual orientation, gender identity, pregnancy, veteran's status, political affiliation or belief, or the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 USC 12101 et seq.). This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of Services under this Agreement. 12338 Agreement Page 2 of 55 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. 10. Pay Transparency Nondiscrimination Provision: The Contractor will not discharge or in any other manner discriminate against employees or applicants because they have inquired about, discussed, or disclosed their own pay or the pay of another employee or applicant. However, employees who have access to the compensation information of other employees or applicants as a part of their essential job functions cannot disclose the pay of other employees or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure is (a) in response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or (c) consistent with the contractor's legal duty to furnish information. 11. Indemnification and Hold Harmless a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or property. The Contractor agrees to release, indemnify, defend, and hold harmless the City, its elected and appointed officials, officers, employees, agents, representatives, insurers, attomeys, 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. b. Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. Contractor shall require that its subcontractors, and anyone directly or indirectly employed or hired by Contractor, and anyone for whose acts Contractor may be liable in connection with its performance of this Agreement, comply with the terms of this paragraph, waive any immunity granted under Title 51 RCW, and assume all potential liability for actions brought by their respective employees. The Parties acknowledge that they have mutually negotiated this waiver. c. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, shall be only to the extent of the Contractor's negligence. d. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any third party. e. The terms of this Section shall survive any expiration or termination of this Contract. 12. Contractor's Liability Insurance At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect insurance to protect the City and Contractor from and against any and all claims, damages, losses, and expenses arising out of or resulting from the performance of this Contract. Contractor shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The City reserves the right to require higher limits should it deem it necessary in the best interest of the public. Contractor shall provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and outlined herein. A copy of the additional insured endorsement attached to the policy shall be included with the certificate. This Certificate of insurance shall be provided to the City, prior to commencement of work. Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify a deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. The following insurance is required: 12338 Agreement Page 3 of 55 a. Commercial Liability Insurance Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance and additional insured endorsements as proof of commercial liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence, combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The certificate of insurance and additional insured endorsements shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. b. Automobile Liability Insurance Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The certificate of insurance and additional insured endorsements shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. The business auto liability shall include Hired and Non -Owned coverage if necessary. c. Employer's Liability (Stop Gap) Contractor and all subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable, and shall maintain Employer's Liability insurance with a limit of no Tess 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. Commercial General Liability: Automobile Liability Combined Single Limit: $2,000,000 Per Occurrence $2,000,000 Annual Aggregate $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. All additional insured endorsements required by this Section shall include an explicit waiver of subrogation. 12338 Agreement Page 4 of 55 13. Severafffty 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. 14. Contract Documents This Contract, the Invitation to Bid 12338 Scope of Work, conditions, addenda, and modifications and Contractor's proposal (to the extent consistent with City of Yakima documents) constitute the Contract Documents and are complementary. Specific Federal and State laws and the terms of this Contract, in that order respectively, supersede other inconsistent provisions. These Contract Documents are on file in the Office of the Purchasing Manager, 129 No. 2nd St., Yakima, WA, 98901, and are hereby incorporated by reference into this Contract. 15. Termination Termination for Cause In the event the Contractor breaches this Contract, the City may terminate the Contract at its sole discretion in such event that it provides the Contractor with written notice of Contractor's breach and the Contractor fails to cure its breach within 30 days of this notice. In the event of the City breaches this Contract, the Contractor may terminate the Contract at its sole discretion in such event that it provides the City with written notice of Citys breach and the City fails to cure its breach of the Contract within 60 days of this notice. The following represents a non-exclusive, illustrative list of instances that shall be considered a breach by the Contractor: a. Defaults on an obligation under the Contract; b. Fails to perform any material obligation required under the Contract; c. Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal entity; d. Allows any final judgment not to be satisfied or a lien not to be disputed after a legally -imposed, 30-day notice; e. Makes an assignment for the benefit of creditors; f. Fails to follow the sales and use tax certification requirements of the State of Washington; g. Incurs a delinquent Washington tax liability; h. Becomes a State or Federally debarred Contractor; i. Is excluded from federal procurement and non -procurement Contracts; j. Fails to maintain and keep in force all required insurance, permits and licenses as provided in the Contract; k. Fails to maintain the confidentiality of the City information that is considered to be Confidential Information, proprietary, or containing Personally Identifiable Information; I. Contractor performance threatens the health or safety of a City, County or municipal employee; or Termination for Convenience The City may terminate the Contract, without cause, by providing 30 days written notice of termination. in the event of termination for convenienc, the Contractor shall be entitled to receive compensation for any fees owed under the Contract. The Contractor shall also be compensated for partially completed services. In this event, compensation for such partially completed services shall be no more than the percentage of completion of the services requested, at the sole discretion of the City. multiplied by the corresponding payment for completion of such services as set forth in the Contract. Alternatively, at the sole discretion of the City, the Contractor may be compensated for the actual service hours provided. The City shall be entitled to a refund for goods or services paid for but not received or implemented, such refund to be paid within 30 days of written: notice to the Contractor requesting the refund. Change in Funding In addition to the above termination provisions, if the funds upon which the City relied to establish this Contract are withdrawn, reduced, 12338 Agreement Page 5 of 55 or limited, Orifadditional or modified conditions are placed on such funding. the City may terminate this Contract by providing at least five business days written notice huthe Contractor. The termination shall baeffective onthe date specified |nthe notice oftermination. 16. Dispute Resolution |nthe event that any dispute shall arise eaVothe interpretation ofthis agreement, o[inthe event Of8notice ofdefault amhuwhether such default does constitute obreach nfthe contract, and if the parties hereto cannot mutually settle such differences, then the parties oh8U first pursue mediation as o means to mon|vu the dispute. If the afore mentioned methods are either not successful than any dispute relating to this Agreement shall be decided in the courts of Yakima County, in accordance with the laws of Washington. If both parties consent in writing, other available means of dispute resolution may be implemented. 17. Re -Award When the contract is terminated by the Contractor upon providing the written notice as herein required, the City, pursuant to City ordinance, may re -award the contract to the next most responsible Proposer within 120 days from original award. When aContractor is unable tosupply goods and/or services to the City and isinbreach of the contract, mwhen the contract is terminated bvthe City for cause aoherein provided,the City reserves the right hmre-award the contract tothe next most responsible Proposer within 12Odays from original award. 18. Ppn:m M'euno 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. NormG||y, in the event orany such delays (acts or God, etc.) the date Ofdelivery will be extended fora period equal tothe time lost due hothe reason for delay. 19. Governing Law This Contract shall begoverned byand construed inaccordance with the laws of the State of Washington. ^ 20. Venue The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competentjurisdiction inYakima County, 21. Authority The person executing this Contract, onbehalf of Contractor, represents and warrants that they have has been fully authorized by Contractor to execute this Contract on its behalf and to legally bind Contractor to all the torma, performances and provisions of this 22. Notice mfChange inFinancial Condition If, during the Contract Term, the Contractor experiencesoohongoindafinonnia|oonditionthamayaffectUoabi|itvhooedonnunderthe Contract, orexperiences aChongeofownemhipnrCOntrd.thoConbractornhaU|mmGdiate|ynotify#AeCUvinwhUng. Failure hnnotify the City of such a change in financial condition or change of ownership or control shall be sufficient grounds for Contract termination. 23. Change orNotice Any 8lterations, including changes to the nature of the service, made to the Contract shall be rendered in writing and signed by both responsible parties; no changes without such signed documentation shall be valid. No alterations outside of the general scope and intent of the original Request for Proposals or in excess of allowable and accepted price changes shall be made. In no event shall the Contractor be paid orbaentitled to payment for services that are not authorized herein urany properly executed Notice ofBusiness Changes: Contractor shall notify the City in writing within three (3) business days of any change in ownership of the facilities (fthe Contractor urofthe facilities ofany subcontractor. The Contractor shall notify the City |nwriting aosoon aopossible, 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 h}the City under this Contract. 12338Ageement Page Oof55 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 Contractors duties hereunder, or renders performance, enforcement or compliance with the totality of the Contract impossible, patently unreasonable,, or unnecessary, Notices and demands under and related to this Contract shall be in writing and sent to the parties at their addresses as follows: TO CITY: Jeff Bond Water Treatment Plant Supervisor City of Yakima 129 North 2nd Street Yakima WA, 98901 COPY TO: Christina Payer Buyer II City of Yakima 129 North 2nd Street Yakima, WA 98901 TO CONTRACTOR: Northstar Chemical, Inc. 14200 SW Tualatin -Sherwood Road Sherwood, OR 97140 24. Survival The foregoing sections of this Contract, 1-24 inclusive, shall survive the expiration or termination of this Contract in accordance with their terms. IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written., CITY C OLUTloa Noe, Attest: City Clerk List of Exhibits attached to this contract Exhibit A — Specifications Exhibit B — Contractor's Bid Form 12338 Agreement NORTHSTAR CHEMICAL, INC. att er Digitally signed by Matt Werger e r, Date: 2023.10.02 13:56:44 Date: 9/28/2023_ Matt Werger - Executive Vice President (Print name) Page 7 of 55 EXHIBIT A - SPECIFICATIONS 12338 Agreement Page 8 of 55 City of Yakima NOTICE T0BIDDERS BID l2338 Notice is hereby given by the undersigned that electronic sealed Bids will be accepted via PublicPurchase.com until the hour of 2:00:00 PM PST on September 31, 2023. Bids will be publicly opened in Yakima City Hall, Council Chambers, 129 N. 2nd Street, Yakima, Washington 98901. At such time, Bids will be publicly read for: Liquid Aluminum [h|orohydra1e (ACH). Instructions to register with Pub|icPurchase.com are available at www.yokimaxva.gov/sen/icex/purchasinQ. 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 Loxv Against Discrimination (RCVV chapter 49.60) & the Americans with Disabilities Act (42USC121O1etset.) Dated September 1,2O23. Publish onSeptember 6&8,3O%3 Christina Payer, Buyer U 12338 Agreement Page 3of55 CITY OF YAKIMA INVITATION TO BID 12338 COVER SHEET THIS IS NOT AN ORDER BID Release Date: September 6, 2023 Bid Receipt: Bidders must first register with PublicPurchase.com and Bid shall be completely uploaded into PublicPurchase.com no later than the date and time listed below. Register as early as possible and do not wait until the due date to upload your documents, as this may take some time. Late Bids will not be accepted or evaluated. If you try to submit a Bid late, the electronic system will not receive it. Bid openings are public. Bids shall be firm for acceptance for ninety (90) days from date of Bid opening, unless otherwise noted t t S A Y. CEI T U PUIt'LICPU;:'C ASE.0 Purchasing For: City of Yakima Water Treatment Plant 6390 Highway 12 Yakima, WA 98908 Buyer in charge of this procurement (Contact for further information): Christina Payer, CPPB Buyer II Bids Must be completely uploaded by: epte ber 21, 2023 at 2:00:0o P P Public Opening II Phone E-Mail Address (509) 576-6696 christina.paeryakimawa.t3ov PROJECT DESCRIPTION SUMMARY Liquid Aluminum Chlorohydrate (ACH) for the Water Treatment Plant Enter Prompt Payment Discount: % net days We/I will complete delivery within days after receipt of order. Delivery Details: FOB Destination, Freight Prepaid, Inside Delivery required ❑ I hereby acknowledge receiving addendum(a) (use as many spaces as addenda received) In signing this Bid we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or flrm to submit or not to submit a Bid; that this Bid has been independently arrived at without collusion with any other Bidder, competitor or potential competitor; that this Bid has not been knowingly disclosed prior to the opening of Bids to any other Bidder or competitor; that the above statement is accurate under penalty of perjury. Furthermore, the Washington State Interlocal Cooperative Act (RCW 39.34) provides that other governmental agencies may purchase goods or services on this solicitation or contract in accordance with the terms and prices indicated therein if all parties agree. The City does not accept any responsibility or involvement in the purchase orders or contracts issued by other public agencies. We will comply with all terms, conditions and specifications required by the City of Yakima in this Invitation to Bid and all terms of our Bid. Company Name Company Address Name of Authorized Company Representative (Type or Print) Signature of Above Date Title Email Address Phone ( Fax 12338 Agreement Page 10 of 55 IL Invitation tpBid #12338 Contents � 5 I. Purpoo� ,�-~~~~~^^-°^^---~---=~--~="�, 2. ContrectingAgencyandPointofConbact-----------^,............. .___~=........... ' __-�-_� 3. Emoepbnno.~'__=_=_,_,~_.__=_,=��__^_~__~~~^~~.~.~~_^~^_~-~__-==^_~__,.y. 4. More orLess ~ 6. Delivery/Completion 5 S. Delivery Acceptance 5 7. Delivery ofUnapproved Substitutions ^ 8. Contract Term ,�,,`:.".`."' . _._=p�~°.-" S. Pricing and Discount " 14. Price Clarifications ~_-°-.~°_-=-_....... ............. ~ 15. Price Increases ................... °',~__,,.~~~__~°~=^__......... ...... ....... 16. Price Decreases __...... ...... 7 17. Expansion Clause ..................... . ^__-_~,-...... -_^--,--...... --- ._�-- ....... -......... ~^~~_~._^_°_ �' 18. Warranty ............................. ^---- 18. Warranty Coverage .... _==^~__......... ......... ........ _~,°___^`...... r__`_ 20. Pemmito�_....... _~........ _`.^~^_'°-_°-_~'.......... ^,n--~......... ^°-.- ...... ---- ~........ ^....... --- -...... '~ 31. Regulations and Cod�o.__°��x_~_-.'�`~.~....... ^-~....... ~,~°_-~-~...... __'`-~w~^^_........... " 22. Spill Clean Up ................. _---_°°-....... _^.... ---- ............... =~_^~^_~'~~~~_°.,_...... -.... `____ 23. Hazardous Materials --... ...... __...... ... .... ---- ....... ........ ...... --- ....... .... -..... e J0 24. Pollution Liability [�ov�nag�,°.��_�^^_r___~=^~_^~~--_`x..-_........ 35. Prompt Payment .............. `�...... _-.__-_'._-^-_~y...... ~~-^^"--°^-~-`^--`=~--^=-~~ 26. Payments _,c_--- .~~`~^_~~~^++^^~.=---~^_...... ,.-=`__-,___r^.......... -~----=--,^-~� 27. PoymentyNsdhod-Cnedit Card Acceptance = 28. Acceptance ofTerms ' ' ' ,°___'~_~___~°__°_~,_r~ 29. Sales Tax 30. Tax Revenues � 31. Clarifications and/or Revisions hoSpecification and Requirements'_, ...... : 32. Incurring Costs 1O 33. No(]b|k]aUonboContra� ^,~'�-_`~~_~~___-~_.__-_,,____~�_,_~_'_,�� 34. Retention of Rights 1O ____`_..___~___.�--^-^^~-^__-_`^~~^_^-`~-�� 35. Points Not Addressed _1O 36. Other City Departments/Like It1QomoAdded .�^~~°.-~_~,____~~°_'_~�°______~__^ �� 37. Materials Bought from Different Supplier 10 38. 10 123388gmemont Page 11of55 39. 40. Changes _�m__........ ....... ........... _...... _____��__�___11 Ui PREPARING AND SUBMITTING ABID .... 1. General Instructions ...__^__—~__^__........... 2. Submitting Bid 3. Prohibition ofBidder Terms & Conditions 4. Multiple Bids ...... _..~~~_...... .~_____- ...~.~~°�1 5. Withdrawal ofBids |V.. BIDDERS CHECKLIST ^.12 V. EVALUATION AND CONTRACT AWARD .................................. _._��.______.~~_.__~____r_'...... .~-.�~....... -'.12 1. Bid Evaluation ........ ==,~_...... ~�.-_._"~�-'^=^.~--_,--.--.~`-,__�_.--._`72 3. Offer inEffect for Ninety(3D)._°~......... & Protest Procedure ........................... _~..�__~�_�._._`."__,���=..�__�_�*.����_�^�. 12 4. Sample Contract and Terms and Conditimns__',__,....... ^._,_^^_,-__^`__._........ ,,,^�~"~-. 3 V|. TECHNICAL SPECIFICATIONS 13 1. Technical Specification Analysis .......... .`...... ....... =_,_......... ._-_..-_-_.,_~_�,___v14 VU. BID FORM 15 V1U` BIDDER AND SAFETY C}UE8T|[}NNA|RE.__~^-~�«._"__~...... ^_.~._....... ~..°^.~_.~~~_~.~~~^~_v~=~.... 1G |X SAMPLE CONTRACT .,^,~°*_' ,...... ,_.......... ,°..... ,�_r '19 X. SAMPLE INSURANCE -``:~__._-..__~~__.-"~^_,._.~~~=~....... ^__~.__.......... ~°...... --2Q 12338 Agreement Page 12of55 INVITATION TO BID #12338 Liquid Aluminum Chlorohydrate (ACH) GENERAL I FOR ATION 1. Purpose It is the intent and purpose of these specifications to describe Liquid Aluminum Chlorohydrate (ACH) 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 Buyerlisted dri page 2. Contact with other City personnel regarding this BID is not permitted during the procurement process and violation of these conditions may be considered sufficient cause for rejection of a Bid and disqualification of the Bidder. 3. Exceptions Specifications of the equipment bid shall be equal to or better than the specifications stated herein and all exceptions to these specifications shall be so listed on a separate sheet headed "EXCEPTIONS TO THE SPECIFICATIONS". Any Bid submitted without exceptions will be required to meet every detail of these specifications regardless of cost to the successful bidder, including the cost to meet the insurance requirements. Where "NO EXCEPTIONS" are shown, none will be allowed. No exceptions will be considered that may tend to devalue the equipment or give an individual bidder who is offering a lesser item a distinct advantage. 4. More or Less Quantities are estimated only and shall be bid on a MORE OR LESS basis. For the purpose of comparison, bids shall be made in the quantities listed in this specification. Listed quantities shall not be considered firm estimates of requirements for the year, nor shall the City be bound or limited to quantities listed. Payment will be made only for quantities actually ordered, delivered, and accepted, whether greater or less than the stated amounts. 5. Delivery/Completion Each bidder is required to list on the Bid form the number of calendar days they expect delivery to be made at the destination, in terms of time interval, following placement of order. Time of delivery/completion is important and will be considered in the evaluation of the Bids. Failure to include a specific number of calendar days may be sufficient grounds for rejection of Bid. 6. Delivery Acceptance Delivery will be accepted by the City of Yakima FOB Water Treatment Plant, 6390 Highway 12, Yakima WA, 98908, between the hours of 8:00 a.m. and 3:00 p.m. Monday through Friday. Delivery of Unapproved Substitutions Contractors are authorized to ship only those items ordered covered by the contract. If a review of orders 12338 Agreement Page 13 of 55 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 list for a period of up to three (3) years. 8. Contract Term See Section 3 of Contract 9. Pricing and Discount Pricing: Pricing shall be prepared with the following terms. The successful Bidder shall provide and bear the expense of al! 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. Prices established in continuing agreements and term agreements may be lowered due to general market conditions, but prices shall not be subject to increase for twelve (12) months from the date of award. Discounts: The City qualifies for governmental discounts. Unit prices shall reflect these discounts. 14. Price Clarifications The City reserves the right to clarify any pricing discrepancies related to assumptions on the part of Bidders. Such clarifications will be solely to provide consistent assumptions from which an accurate cost comparison can be achieved. Unit prices shown on the Bid or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as stated on the bid form. For any given item, the quantity multiplied by the unit price shall establish the extended price, the unit price shall govern in the Bid evaluation and contract administration. 15. Price Increases Requests for Rate Increases must be delivered to the Buyer listed on Page 2, in accordance with the rules below. 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. Any increase proposed shall be submitted to the Buyer listed on page 2, thirty (30) calendar days before the proposed effective date of the price increase, and shall be limited to fully documented cost increases to the Contractor which are demonstrated to be industry -wide. The conditions under which price increases may be granted shall be expressed in Bid documents and contracts or agreements. No other employee may accept a rate increase request on behalf of the City. Any invoice that is sent to the City with pricing above that specified by the City in writing within this Contract or specified within an official written change issued by Purchasing to this contract, shall be invalid. Payment of an erroneous invoice does not constitute acceptance of the erroneous pricing, and the City would seek reimbursement of the overpayment or 12338 Agreement Page 14 of 55 would withhold such overpayment from future invoices. A. Discount from Manufacturer List Pricing: For all contract items that are priced as a discount below Manufacturer List prices, there shall be no changes to the discount rate throughout the life of the contract. As manufacturer list prices change, the net price to the City will automatically change in the same percentage as the discount rate to the City. B. Fixed Product Pricing: For product and supply contracts that provide on -going, multiple year supply. Original pricing shall be fixed and firm for the first year of the contract. Price requests are at the discretion of the Purchasing Manager; and must also be: a. The direct result of increases at the manufacturer's level (or if Bidder is a supplier of a raw material delivered directly to the City such as brass, the increase must be verified at the supplier level). b. Incurred after contract commencement date. c. Not produce a higher profit margin than that on the original contract. d. Clearly identify the items impacted by the increase. e. Be filed with Purchasing Manager a minimum of thirty (30) calendar days before the effective date of proposed increase. f. Be accompanied by detailed documentation acceptable to the Purchasing Manager sufficient to warrant the increase. g. Should not deviate from the original contract pricing scheme/methodology. The United States published indices such as the Producer Price Index or other government data may be referenced to help substantiate the Contractor's documentation. The PPI Commodity Data is available at https://www.bls.gov/ppi/detailed-report/horre.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 a notice to cancel as outlined in the contract under Section 15, Termination for Convenience. 16. Price Decreases During the contract period and any renewals thereof, any price declines at manufacturer's level shall be reflected in a reduction of the contract price to the City, retroactive to the date they were effective to the bidder. 17. Expansion Clause Any resultant contract may be further expanded by the Purchasing Manager in writing to include any other item normally offered by the bidder, as long as the price of such additional products is based on the same cost/profit formula as the listed item(s). At any time during the term of this contract, other City departments may be added, if both parties agree. 18. Warranty Unless otherwise specifically stated by the Bidder, all goods and services furnished shall be warranted against defects or faulty workmanship and materials by the Contractor for one (1) year following inspection and acceptance of the products by the City. Warranty shall include all costs incurred, including shipping, for repair or replacement except that which is damaged by misuse or abuse. This one-(1) year warranty shall in no way affect normal extended or manufacturer's warranty exceeding this one (1) year period. Contractor warrants that all goods and services furnished under this Agreement are new, conform strictly to the specifications herein, are 12338 Agreement Page 15 of 55 merchantable, good workmanship, free from defect, comply with all applicable safety and health standards established for such products, all goods are properly packaged, and all appropriate instructions or warnings are supplied. If a defect is found, a component failure occurs, or workmanship is found to cause failure, the Vendor shall replace the product at their own expense, including shipping charges. Any replacement product will be warrantied for one (1) year from the date it is delivered. All implied and expressed warranty provisions of the Uniform Commercial Code are incorporated into this Agreement. 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. 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. 22. 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. 23. Hazardous Materials If this order covers goods, which include hazardous chemicals, Contractor shall, at the time of product delivery, provide the CITY with copies of Material Safety Data Sheets for such chemicals. These sheets shall be in the form then required by applicable law or regulation. This requirement shall be in addition to whatever other requirements are imposed by law or regulation. 24. 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. 25. Prompt Payment Bidders are encouraged to offer a discount for prompt payment of invoice. Please indicate your discount proposal on page 2 of this document. If awarded by the City, period of entitlement begins only after: • Receipt of a properly completed invoice Receipt of all supplies, equipment or services ordered • Satisfactory completion of all contractual requirements 26. Payments Contractor is to submit properly completed invoice(s) to: 12338 Agreement Page 16 of 55 City of Yakima, Accounts Payable, 129 N. 2nd Street, Yakima, WA 98901. To insure prompt payment each invoice should cite purchase order number, bid number, description of item purchased, unit and total price, discount terms and include the Contractor's name and return remittance address. Payment will be mailed within thirty (30) days of (a) the receipt and acceptance of the equipment, (b) properly completed invoice, and (c) all papers required to be delivered with equipment. 27. Payment Method — Credit Card Acceptance The City, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. The City's preferred method of payment is by procurement (credit) card. Respondents may be required to have the capability of accepting the City's authorized procurement card as a method of payment. No price changes or additional fee(s) may be assessed when accepting the procurement card as a form of payment. 28. Acceptance of Terms Acceptance of a City Purchase Order (PO) for any units affiliated with this purchase constitutes acceptance of, and agreement with, all of the general and specific requirements and stipulations listed in this boiler plate, and in the attached equipment specification(s); including all penalties mentioned. 29. Sales Tax The City of Yakima's Sales Tax rate is currently 8.3%. However, the amount of sales tax will not be considered in determining which bid is the lowest and best bid. 30. Tax Revenues RCW 39.30.040 allows the City to consider the tax revenue that is generated by a purchase of supplies, materials, and equipment, including those from a local sales tax or from a gross receipts business and occupation tax, it determining which bid in the lowest bid, after the tax revenue has been considered. 31. Clarifications and/or Revisions to Specification and Requirements If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this solicitation, the Bidder has a duty to immediately notify the Buyer of such concern and request modification or clarification of the BID document. Unless instructions are specifically provided elsewhere in this document, any questions, exceptions, or additions concerning the subject matter of the BID document(s) shall not be considered unless submitted via e-mail (no phone calls) to the Buyer listed on page 2, a minimum of five (5) business days prior to the submittal due date. In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this BID, supplements or revisions will be provided to all known Bidders in the form of an Addendum. All Addenda are posted on www.yakimawa.gov/services/purchasing and sent directly to interested parties who have registered (per instructions on website) for updates to this BID. If any requirements of the BID are unacceptable to any prospective Bidder, they may choose not to submit a Bid. 32. Incurring Costs The City is not liable for any cost incurred by a Bidder in the process of responding to this BID, including but not limited to the cost of preparing and submitting a response, in the conduct of a presentation, in facilitating site visits or any other activities related to responding to this BID. 12338 Agreement Page 17 of 55 33. No Obligation to Contract This BID does not obligate the City to contract for service(s), or product(s) specified herein. City reserves the right to cancel or reissue this BID in whole or in part, for any reason prior to the issuance of a Notice of Intent to Award. The City does not guarantee to purchase any specific quantity or dollar amount. Bids that stipulate that the City shall guarantee a specific quantity or dollar amount will be disqualified (e.g. "all -or -none".) 34. Retention of Rights The City retains the right to accept or reject any or all Bids or accept any presented which meet or exceeds these specifications, and which would be in the best interest of the City and will not necessarily be bound to accept the low bid. All Bids become the property of City upon receipt. All rights, title and interest in all materials and ideas prepared by the Bidder for the Bid to City shall be the exclusive property of City and may be used by the City at its option. 35. Points Not Addressed Bidders are encouraged to list any points not addressed in these specifications that they feel improve or enhance the operation of their units. 36. Other City Departments/Like Items Added At any time during the term of this contract, or any extension thereof, other City departments may be served under these same terms and conditions. Additional like items may be added at the request of the Purchasing Manager. 37. Materials Bought from Different Supplier Should the Contractor be unable to or refuse to supply materials, on any given day, against this predetermined delivery schedule to which the supplier has agreed and the City is forced to do the work with materials bought from a different supplier, the difference in the Bid price of the materials and that paid the new supplier, in order to do the work, shall be charged to and paid for by the Contractor holding the Bid award for these products. Contractor shall not, however, be responsible for delays in delivery due to: Unavoidable mechanical breakdowns + Strikes Inability to secure component materials Acts of God Fire Provided the Buyer listed on Page 2 is notified in writing by the Contractor of such pending or actual delay. In the event of any delay, the date of delivery shall be extended for a period equal to the time lost due to the reason for the delay. 38. Re -Award When the contract is terminated by the City or the Contractor upon providing the written notice as herein required, the City, may re -award the contract to the next most responsible bidder within 120 days from original award. 39. Errors and Omissions The City reserves the right to correct obvious ambiguities and errors in the Bidder's proposal and to waive non- material irregularities and/or omissions. In this regard, if the unit price does not compute to the extended total price, the unit price shall govern. 12338 Agreement Page 18 of 55 40. Changes Any proposed change in this contract shall be submitted in writing to the Buyer listed on Page 2 for prior approval. If approved, she will make the change by a contract modification that will become effective upon execution ; by the parties hereto. Any oral statement or representation changing any of these terms or conditions is specifically unauthorized and is not valid. III. PREPARI A D SUB I G A BI General Instructions Failure to conform to the BID specifications and respond to each of the submittal requirements may be the basis for rejection of a bid. Refer to Section IV Bidder's Checklist to ensure your Bid is responsive. 2. Submitting a Bid Bids shall be completely uploaded into Public Purchase.com no later than the date and time listed on Page 2 of this BID. Late Bids will not be accepted or evaluated. If you try to submit a Bid Late, the electronic system will not receive it. If City Hall is closed for business at the time scheduled for opening, for whatever reasons, Bidder's response will be opened on the next business day of the City, at the originally scheduled hour. Bidders must submit their bid electronically through PublicPurchase.com where they will be kept in an electronic lockbox until date and time of opening. To register as a Vendor/Bidder with Public Purchase, go to www.publicpurchase,com or the City of Yakima website at www.YakimaWA.Gov/Services/Purchasing, The City is not responsible for late bids due to operator error, electronic malfunction, system errors or interruptions affecting the Public Purchase site and the processing of any bids. The Purchasing Manager reserves the right to make exceptions for extenuating circumstances. Bids are not considered to be confidential per Washington State Public Records Act (RCW 42.56 et seq.) All sections of the response shall be made available to the public immediately after contract opening. 3. Prohibition of Bidder Terms & Conditions A Bidder may not submit the Bidder's own contract terms and conditions in a response to this Invitation to Bid. If a Bid contains such terms and conditions, the City, at its sole discretion, may determine the Bid to be a nonresponsive counteroffer, and the Bid may be rejected. 4. Multiple Bids Multiple Bids from a Bidder will be permissible; however, each Bid must conform fully to the requirements for Bid submission. Each such Bid must be submitted separately and labeled as Bid #1, Bid #2, etc. on the first page of their response. 5. Withdrawal of Bids Bidders may withdraw or supplement their Bid at any time up to the bid closing date and time. If a previously submitted bid is withdrawn before the bid due date and time, the Bidder may submit another Bid at any time up to the bid closing date and time. After bid closing date and time, all submitted Bids shall be irrevocable until contract award. 12338 Agreement Page 19 of 55 IV. BIDDERS CHECKLIST Bidder must complete and upload, as part of their Bid submittal, all required forms listed below in accordance with Section III - Preparing and Submitting a Bid. The list below may not be all inclusive. Be sure to READ the entire Bid document and include everything that is required. • Cover Sheet/Signature Page • Technical Specification Analysis Bid Form • Bidder & Safety Questionnaire V. EVALUATION AND CONTRACT A ARD Page 2 Page 14 Page 15 Pages 16-18 1. Bid Evaluation The evaluation and selection of a Bidder will be based on the information submitted in the Bid. Award will be made to a responsible Bidder with the lowest responsive Bid. Evaluation of Bids and determination of Bidder responsibility shall be based on past experience with Bidder, proposed manufacturer's service availability, parts availability, equipment design and functionalism, effect on productivity, and Bidder's supporting documentation. 2. Offer in Effect for Ninety (90) Days A Bid may not be modified, withdrawn or canceled by the Bidder for a ninety (90) day period following the deadline for Bid due date, or receipt of best and final offer, if required, and Bidder so agrees by submittal of a bid. 3. Protest Procedure Any protest must be made in writing, signed by the protestor, and state that the Bidder is submitting a formal protest. The protest shall be filed with the City of Yakima's Purchasing Manager at 129 No. 2nd St., Yakima, WA 98901, or by fax: 509-576-6394 or email to: kristine.whiteiyakimawa.gov. The protest shall clearly state the specific factual and legal ground(s) for the protest, and a description of the relief or corrective action being requested. Protests based on specifications/scope of work, or other terms in the BID shall be filed at least five (5) calendar days before the solicitations due date, and protests based on award or after the award shall be filed no more than five calendar (5) days after Award Announcement (see below for details). The following steps shall be taken in an attempt to resolve the protest with the Bidder: Step I. Purchasing Manager and Division Manager of solicitation try resolving matter with protester. All available facts will be considered and the Purchasing Manager shall issue a written decision. Step II. If unresolved, within three (3) business days after receipt of written decision, the protest may be appealed to the Department Head by the Purchasing Manager. Step III. If still unresolved, within three (3) business days after receipt of appeal response, the protest may be appealed to the Executive. The Executive shall make a final determination in writing to the Protester. Award Announcement Purchasing shall announce the successful Bidder via Website, e-mail, fax, regular mail, or by any other appropriate means. Once the Award is released by Purchasing, the protest time frame begins. The timeframe is 12338 Agreement Page 20 of 55 not based upon when the bidder received the information, but rather when the announcement is issued by Purchasing. Award Regardless of Protest When a written protest against making an award is received, the award shall not be made until the matter is resolved, unless the City determines that one of the following applies: • The supplies or services to be contracted for are urgently required; Delivery or performance will be unduly delayed by failure to make award promptly; A prompt award will otherwise be advantageous to the City. If the award is made, regardless of a protest, the award must be documented in the file, explaining the basis for the award. Written notice of the decision to proceed shall be sent to the protester and others who may be concerned. The City retains the right to enter into any contract and nothing herein shall be construed to limit that authority in any manner. 4. Sample Contract and Terms and Conditions The Sample Contract provided with this Bid Specification represents the terms and conditions which the Owner expects to execute in a contract with the successful Bidder. Bidders must accept or submit point -by -point exceptions along with proposed alternative or additional language for each point. The Owner may or may not consider any of the Bidder's suggested revisions. Any changes or amendment to any of the Contract Terms and Conditions will occur only if the change is in the best interest of the Owner. VI. TECH ICAL SPECIFICATIO S The Bidder must provide a detailed description of each major component of their proposed system. At a minimum, these descriptions shall take into consideration the specifications outlined in this Technical Specifications section. Bidders are reminded to provide point -by -point responses to all specifications. Any additional work found necessary that is not specified in this Bid specification shall be listed on a separate sheet entitled "Additional Materials/Labor Required". The Bidder must complete the following Technical Specification Section using one of the following responses for each of the specifications. Y—Yes. The Bidder's proposed product currently satisfies the entire requirement and the proposed system will completely support the requirement. N — No. The Bidder's product does not currently satisfy the entire requirement, and the Bidder's delivered product will not satisfy the requirement. E—Explanation. The Bidder's product partially satisfies the requirement and an explanation is included in the response. MR — Modification Required. The Bidder's product does not currently satisfy the requirement, but the Bidder commits that the delivered base product will satisfy the requirement at no additional cost and shall be supported in future releases of the Bidder's base products. 12338 Agreement Page 21 of 55 1. Technical Specification Analysis The following Technical Specifications Analysis shall be answered with a Y of N. Checking "NO" on any item will not necessarily disallow a Bid. The City shall be the sole judge as to whether an exception is acceptable or not. Bidders are encouraged to provide further detail where such detail might differentiate their products from those of their competitors or where such detail might assist in analysis of the Bid. Technical Specification Analysis shall be returned with the Bid Submittal. FAILURE TO DO SO WILL BE CAUSE FOR REJECTION OF SAID BID SUBMITTAL. Item 2 3 4 5 6 Specification iquid ; Aluminum Chl©rohydrate. greet AW IUA: Standard B 408- 03 event revision, and ANSI/NSF Stan A12031. Must r as per most ird 60.. In addition to the above, the following criteria must also be met: Specific gravity at 250 C = 1.34 ± (2%) 12.4.._± (0.3%) of Aluminum; At 250 C the weight/gallon of dry A1203= 5.59 lbs. ± (2%) At 250 C the weight/gallon of. liquid A1203=11.18 lbs. ± (2%) An aqueous solution 50% ± (3%) of 23.5 ± 0.5% A1203 Yes No Comments 12338 Agreement Page 22 of 55 VII. BID FOR INVITATION TO BID NO. 12338 TO BIDDER: PLEASE QUOTE YOUR LOWEST PRICE, BEST DELIVERY DATE AND PAYMENT DISCOUNT TERMS FOR THE FOLLOWING. THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS AND TO ACCEPT ANY OR ALL ITEMS AT THE PRICE BID. THE CITY INTENDS TO AWARD THIS CONTRACT WITHIN NINETY (90) CALENDAR DAYS. Quote your lowest price for the following: Subtotal: Tax 8.3%: Washington State Destination Based Freight FOB Destination: 12338 Agreement Unit Price Per Ton Total Price Page 23 of 55 VIII. BIDDER AND SAFETY 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 with your Bid. Failure to submit this form fully complete, may result in disqualification of Bid Proposal. Bidder's Legal Name: Company's dba: (if applicable) CEO/President Name: Business License No. Phone FAX BIDDER INFORMATION UBI No. Mailing Address Federal EIN No. Toll Free Phone E-Mail Address City State Zip + 4 Physical Address City State Zip + 4 Name the person to contact for questions concerning this Bid Proposal: Name Title Phone ( ) Toll Free Phone FAX ( ) E-Mail Address Mailing Address City State Zip + 4 Physical Address City State Zip + 4 12338 Agreement Page 24 of 55 BIDDER: 1. Is Liquid Aluminum Chlorohydrate shipped on radio -equipped trucks? Yes 0 No ❑ 2. What safety equipment is carried on the delivery trucks? D. 3. What is your unloading procedure (using the above isted safety equipment)? 4. What emergency training will the drivers receive? Name of Course: B. BIDDER QUESTIONNAIRE Number of Hours: Date of Training: 5. What procedures are proposed for emergencies during transport? 12338 Agreement Page 25 of 55 (I.e. Will local Fire Departments be notified of transport routes and times?) B. C. D. 6. Who in the supplier's organization do we contact in case of emergency? (Name, Position, Phone number) 12338 Agreement Page 26 of 55 IX. SA PLE C 0 AGREEMENT CITY OFYAKIMA B|O1233B Liquid Aluminum Chlorohydrate (ACH) THIS AGREEMENT, entered into unthe date of last execution, between the City of Yakima, oWashington 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 Services The Contractor shall perform all work and service(s) and furnish all tools, materials, labor and equipment (collectively referred to as �Servicesl according to the procedure outlined in Bid 12338 Liquid Aluminum Chlorohydrate (ACH) Specifications which are attached as Exhibit A, and the most recent edition of the ANSItTlAtElA and NEC 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. x- Compensation The City agrees to pay the Contractor according —— to —tractor's Bid Form which are attached as ExhibitB. and incorporated herein by h as listed in the Contractor's Bid thiswhoh Exhibit includes the r� schedule of itemized pn000 submittal otthe time and inthe manner and upon the conditions provided for uthe Cu/muo,. 3Contract 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 two (2) additional years. For a total of three (3) 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, Agency y��m�City and Contractor Contractor 'ushall, otaUtimao beanindependent and m�onagent orropemon�UvonfCdvwd� bgandhupo�onnanuonftho 8"�~~�oroha||not 'n3pmSontho1itis.or d/tee|fu---s.anog8ntor[8preoantativenfQtv.|nnoovent8haUCOntnoctnrbe authorized to enter into any agreement or undertaking for, or on, behalf of City. 5. Successors and Assigns o. Neither the City, nor the Contractor, shall assign, transfer,orencumber any rights, duties, orinterests accruing from this Contract without the prior written consent ofthe other. b. The Contractor for itso|f, and for its hoinn' exeoutoru, administmhom, ouooenaom, and aoaigna, does hereby agree tnthe full performance of all the covenants herein contained upon the part of the Contractor. 6. Property Rights All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be surrendered to the City upon demand. All information concerning the City and said project which is not otherwise a matter of public record or required by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at any time disclose that information without the express written consent of the City, 7. Inspection, Production and Retention of Records a. The records no|8Ung to the Services ShoU. at all Umoo, be subject to inuoanU0n 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 12338 Agreement Page 27of55 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 /Yakima County 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. 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 State Contractor Registration number, c. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as required in Title 85 RCW. d. 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). e. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50 RCW. f. Foreign (Non Washington) Corporations: Although the City does not require foreign corporate proposers to qualify in the City, County or State prior to submitting a proposal, it is specifically understood and agreed that any such corporation will promptly take all necessary measures to become authorized to conduct business in the City of Yakima at their own expense, without regard to whether such corporation is actually awarded the contract, and in the event that the award is made, prior to conducting any business in the City. 9. Nondiscrimination Provision During the performance of this Contract, the Contractor agrees as follows: 12338 Agreement Page 28 of 55 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 49,50) 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. 10. Pay Transparency Nondiscrimination Provision: The Contractor will not discharge or in any other manner discriminate against employees or applicants because they have inquired about, discussed, or disclosed their own pay or the pay of another employee or applicant. However, employees who have access to the compensation information of other employees or applicants as a part of their essential job functions cannot disclose the pay of other employees or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure is (a) in response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or (c) consistent with the contractors legal duty to furnish information. 11. Indemnification and Hold Harmless a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or property. The Contractor agrees to release, indemnify, defend, and hold harmless the City, its elected and appointed officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers from all liabilities, losses, damages, and expenses related to all claims, suits, arbitration actions, investigations, and regulatory or other governmental proceedings arising from or in connection with this Agreement or the acts, failures to act, errors or omissions of the Contractor, or any Contractor's agent or subcontractor, in performance of this Agreement, except for claims caused by the City's sole negligence. b. Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. Contractor shall require that its subcontractors, and anyone directly or indirectly employed or hired by Contractor, and anyone for whose acts Contractor may be liable in connection with its performance of this Agreement, comply with the terms of this paragraph, waive any immunity granted under Title 51 RCW, and assume all potential liability for actions brought by their respective employees. The Parties acknowledge that they have mutually negotiated this waiver. c. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, shall be only to the extent of the Contractor's negligence. d. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any third party. e. The terms of this Section shall survive any expiration or termination of this Contract. 12338 Agreement Page 29 of 55 12. Contractor's Liability Insurance At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect insurance to protect the City and Contractor from and against any and all claims, damages, losses, and expenses arising out of or resulting from the performance of this Contract. Contractor shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The City reserves the right to require higher limits should it deem it necessary in the best interest of the public. Contractor shall provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and outlined herein. A copy of the additional insured endorsement attached to the policy shall be included with the certificate. This Certificate of insurance shall be provided to the City, prior to commencement of work. Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify a deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. The following insurance is required: a. Commercial Liability Insurance Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance and additional insured endorsements as proof of commercial liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence, combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The certificate of insurance and additional insured endorsements shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. b. Automobile Liability Insurance Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The certificate of insurance and additional insured endorsements shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. The business auto liability shall include Hired and Non -Owned coverage if necessary. c. Employer's Liability (Stop Gap) Contractor and all subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable, and shall 12338 Agreement Page 30 of 55 maintain Employer's Liability insurance with a limit of no less than $1,000,000, 0. 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 subcontractrr(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. Commercial General Liability: Combined Single Limit: Automobile Liability $2,000,000 Per Occurrence $2,000,000 Annual Aggregate $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 Contractors insurance. If at any time during the life of the Contract, or any extension, Contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the Contract. All additional insured endorsements required by this Section shall include an explicit waiver of subrogation. 13. Seerabliity 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. 14. Contract Documents This Contract, the Invitation to Bid 12338 Scope of Work, conditions, addenda, and modifications and Contractor's proposal (to the extent consistent with City of Yakima documents) constitute the Contract Documents and are complementary. Specific Federal and State laws and the terms of this Contract, in that order respectively, supersede other inconsistent provisions. These Contract Documents are on file in the Office of the Purchasing Manager, 129 No. 2nd St., Yakima, WA, 98901, and are hereby incorporated by reference into this Contract. 15. Termination Termination for Cause In the event the Contractor breaches this Contract, the City may terminate the Contract at its sole discretion in such event that it provides the Contractor with written notice of Contractor's breach and the Contractor fails to cure its breach within 30 days of this notice. In the event of the City breaches this Contract, the Contractor may terminate the Contract at its sole discretion in such event that it provides the City with written notice of City's breach and the City fails to cure its breach of the Contract within 60 days of this notice. The following represents a non-exclusive, illustrative list of instances that shall be considered a breach by the Contractor: a. Defaults on an obligation under the Contract; b. Fails to perform any material obligation required under the Contract; c. Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal entity; d. Allows any final judgment not to be satisfied or a lien not to be disputed after a legally -imposed, 30-day notice; e. Makes an assignment for the benefit of creditors; f. Fails to follow the sales and use tax certification requirements of the State of Washington; 12338 Agreement Page 31 of 55 g. Incurs a delinquent Washington tax liability; h. Becomes a State or Federally debarred Contractor; i. Is excluded from federal procurement and non -procurement Contracts; j. Fails to maintain and keep in force all required insurance, permits and licenses as provided in the Contract; k. Fails to maintain the confidentiality of the City information that is considered to be Confidential Information, proprietary, or containing Personally Identifiable Information; I. Contractor performance threatens the health or safety of a City, County or municipal employee; or Termination for Convenience The City may terminate the Contract, without cause, by providing 30 days written notice of termination. In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the Contract. The Contractor shall also be compensated for partially completed services. In this event, compensation for such partially completed services shall be no more than the percentage of completion of the services requested, at the sole discretion of the City, multiplied by the corresponding payment for completion of such services as set forth in the Contract. Alternatively, at the sole discretion of the City, the Contractor may be compensated for the actual service hours provided. The City shall be entitled to a refund for goods or services paid for but not received or implemented, such refund to be paid within 30 days of written notice to the Contractor requesting the refund. Change in Funding In addition to the above termination provisions, if the funds upon which the City relied to establish this Contract are withdrawn, reduced, or limited, or if additional or modified conditions are placed on such funding, the City may terminate this Contract by providing at least five business days written notice to the Contractor. The termination shall be effective on the date specified in the notice of termination. 16. Dispute Resolution In the event that any dispute shall arise as to the interpretation of this agreement, or in the event of a notice of default as to whether such default does constitute a breach of the contract, and if the parties hereto cannot mutually settle such differences, then the parties shall first pursue mediation as a means to resolve the dispute. If the afore mentioned methods are either not successful then any dispute relating to this Agreement shall be decided in the courts of Yakima County, in accordance with the laws of Washington. If both parties consent in writing, other available means of dispute resolution may be implemented. 17. Re -Award When the contract is terminated by the Contractor upon providing the written notice as herein required, the City, pursuant to City ordinance, may re -award the contract to the next most responsible Proposer within 120 days from original award. When a Contractor is unable to supply goods and/or services to the City and is in breach of the contract, or when the contract is terminated by the City for cause as herein provided, the City reserves the right to re -award the contract to the next most responsible Proposer within 120 days from original award. 18. Force Majeure Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics/pandemics, war, riot, delay in transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of such pending or actual delay. Normally, in the event or any such delays (acts or God, etc.) the date of delivery will be extended for a period equal to the time lost due to the reason for delay. 19. Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 12338 Agreement Page 32 of 55 20. Venue The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competent jurisdiction in Yakima County, Washington. 21. Authority The person executing this Contract, on behalf of Contractor, represents and warrants that they have 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. 22. Notice of Change in Financial Condition lf, during the Contract Term„ the Contractor experiences a change in its financial condition that may affect its ability to perform under the Contract, or experiences a change of ownership or control, the Contractor shall immediately notify the City in writing. Failure to notify the City of such a change in financial condition or change of ownership or control shall be sufficient grounds for Contract termination 23. Change or Notice Any alterations, including changes to the nature of the service, made to the Contract shall be rendered in writing and signed by both responsible parties; no changes without such signed documentation shall be valid. No alterations outside of the general scope and Intent of the original Request for Proposals or in excess of allowable and accepted price changes shall be made. In no event shall the Contractor be paid or be entitled to payment for services that are not authorized herein or any properly executed amendment. Notice of Business Changes: Contractor shall notify the City in writing within three (3) business days of any change in ownership of the facilities of the Contractor or of the facilities of any subcontractor. The Contractor shall notify the City in writing as soon as possible, and in no event later than three (3) business days, after any decision by the Contractor to change or discontinue service that will affect services provided to the City under this Contract. The City shall have the right to renegotiate the terms and conditions of this Contract to the extent required to accommodate a change in governing law or policy that, in the sole discretion of the City, either substantially and unreasonably enlarges the Contractor's duties hereunder, or renders performance,, enforcement or compliance with the totality of the Contract impossible, patently unreasonable, or unnecessary « Notices and demands under and related to this Contract shall be in virriting and sent to the parties at their addresses as follows: TO CITY: Jeff Bond Water Treatment Plant Supervisor City of Yakima 129 North 2nd Street Yakima WA, 98901 COPY TO: Christina Payer Buyer II City of Yakima 129 North 2nd Street Yakima, WA 98901 TO CONTRACTOR: 24. Survival The foregoing sections of this Contract, 1-24 inclusive, shall survive the expiration or termination of this Contract in accordance with their terms. 12338 Agreement Page 33 of 55 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: Date: Attest: (Print name) City Clerk List of Exhibits attached to this contract Exhibit A — Specifications Exhibit B — Contractor's Bid Form 12338 Agreement Page 34 of 55 EXHIBIT A - SPECIFICATIONS EXHIBIT B - CONTRACTOR'S BID FORM 12338 Agreement Page 35 of 55 PRODUCER X. SAMPLE INSURANCE AC R CERTIFICATE OF LIABILITY INSURANCE DATE (11trOD'YYYYj THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CE)tFIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). MCI' INSURANCE AGENT INFORMATION Entity Insured Address C TO THE IN& TOROTHERS DESCRIBEI PAID CLAIMS. OVE FOR THE POLICY PERIO ITfiI ftESPECT'TO WHICH THIS $I,p6?EC�T "IO ALL. tie TERM . TYPE OF INSURANCE COMMERCIAL GENERAL LABILITY CJAIM&MADE OCCUR GENT -AGGREGATE LAST APPLIES PER, Ix PRCr L� JECT POLICY NUMBER POLICY NUMBER A AUTOMCBBELABIL1 Y O _.......- OWNED „„ea AUTOS ONLY HIRED ._...._ AUTOS ONLY A UMBRELLA LAB EXCESS LAB sciaou ED AUTOS NON -OWNED AUTOS ONLY POLICY NUMBER OCCUR LEVY y*ORRERS COMPEIISATION AND EMPLOYERS. LIABILITY ANYPROPRIETORPAR7NERsxscunvE DERCER/MBABERE SCLUDEA? 9iManaMory A WU Yts, ddinn er der DESORPTION OF OPERAT70NS QCJOW YIN NIA DATE POLICY EXT. 111LLdID^.'YYYI DATE DATE LIMITS EACH OCCURRENCE S «000+ 100.000 rem MLTO EXP tAIRY Meaerapn.I S 5,000 1.000.000 ATE S 2, oDucts - COLYR'OP AGO s 2,000.000 s 2.000.000 LY NXJRY (Pet person BODILY INJURY = MCen u EACH OCC AGGREGATE POLICY NUMBER STOP GAP/ EL ONLY DATE DATE 1 ITP x tin 1.000.000 1,000,000 EL DISEASE - POLICY LII.Rr S 1.000.000 DESCRIPTION OF OPERATIONLOCATIONS I VEHICLES (ACORD 101, AdaSlmM ReUWts Sehodule, nay be attannmi Nlrore span M required) �uivof'Y;aku CERTLFICATE NOLf City of Yakima Purchasing Department 129 N. 2nd St Yakima. WA 08901 vol SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS. AUTHORIZED REPRESENTAIWE SIGNATURE O 1988-2015 ACORD CORPORATION_ All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 12338 Agreement Page 36 of 55 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CO201007 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, employers, authorised volunteers, elected and appointed officials are Included as Primary/Non-Contributory additional Insured. utred to complete this A. Section II — Who Is An Insured is include as en additional Ins orgenizatien(s) shown in th with respect to liability for damage* or 'per/weal and aiv�tLng 11 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 locabori(s) desig- nated above. CO20100704 12338 Agreement 4 Location(s), Of Covered Operations ill be shown in the Declarations. B. With respect to the insurance afforded to these additional inaureds. the following additional exclu- sions apply: This insurance does not apply to "bodily Injury" or "property damage" occurring alter 1. Al work, including materials. page 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) al the location of the covered operations has been completed: or 2. That portion of "your work" out of which the injury er damage seises has been put to its in- tended use by any person or organization other than another contractor nr rtuhrrinitnarini an. gaged in performing operations for a principal es a part of the same project. ISO Properties, Inc., 2044 Page 1 of 1 D Page 37 of 55 POLICY NUMBER:CGD3 i 84907 COMMERCIAL GENERAL LIABILITY CG24041219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF T- NSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) Tata endorsement modifies insurance prov under the fo COMMERCIAL GENERAL Lmature COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABEJTY COVERAGE PART POLLUTION LIABILITY COVE GE FART DESIGNATED srTEs POLLUTION L ILITY LIMITED COVERAGE PART DESIGNATED srres PRODUCTSICOhAPLEIED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LI MTV COVERAGE FIAPT UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person is) Or Organization(s): Where reqUired by `nen ficenract or agrsement ex - - prior to loss (except where not permitted by law). Jrari regti 14 ule. K not showei a The following is added to Paragraph S. Transfer Of Rights Of Recovery Against em To Us of Section C Pions: waKe any right of recovery against the person(s) or organ'ation(s) shams it the Schedule above because of pa nts we make under this Cove -rage Part. Such leaner by us applies only to the extent that the insured has wai•its t of recovey against such persion(s) or nolaationfs) to loss. ThiS endorseinent applies only to the res) or organisalich(s) shown in the Schedule e, vall be n the orations. CG 24 04 12 19 0 Insurance s Office, Inc_ 2018 Page 1 of 1 12338 Agreement Page 38 of 55 EXHIBIT B - CONTRACTOR'S BID FORM 12338 Agreement Page 39 of 55 CITY OF YAKIMA INVITATION TO BID 12338 COVER SHEET THIS IS NOT AN ORDER BID Release Date: September 6, 2023 Bid Receipt: Bidders must first register with PublicPurchase.com and Bid shall be completely uploaded into PublicPurchase.com no later than the date and time listed below. Register as early as possible and do not wait until the due date to upload your documents, as this may take some time. Late Bids will not be accepted or evaluated. If you try to submit a Bid late, the electronic system will not receive it. Bid openings are public. Bids shall be firm for acceptance for ninety (90) days from date of Bid opening, unless otherwise noted I SA LY * ` :CE l T * t'LICP C ASE.0 Purchasing For: City of Yakima Water Treatment Plant 6390 Highway 12 Yakima, WA 98908 Buyer in charge of this procurement (Contact for further information): Christina Payer, CPPB Buyer II Bids Must be completely uploaded by: epte ber 21, 2023 at 2:00:oo P P Public Opening Q Phone (509) 576-6696 PROJECT DESCRIPTION SUMMARY E-Mail Address christina. aver vakirriawa, cv Liquid Aluminum Chlorohydrate (ACH) for the Water Treatment Plant Enter Prompt Payment Discount: 0 % net 30 days We/I will complete delivery within 3-5 days after receipt of order, Delivery Details: FOB Destination, Freight Prepaid, Inside Delivery required ® I hereby acknowledge receiving addendum(a) N/A* . (use as many spaces as addenda received) In signing this Bid we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a Bid; that this Bid has been independently arrived at without collusion with any other Bidder, competitor or potential competitor; that this Bid has not been knowingly disclosed prior to the opening of Bids to any other Bidder or competitor; that the above statement is accurate under penalty of perjury. Furthermore, the Washington State Interlocal Cooperative Act (RCW 39.34) provides that other governmental agencies may purchase goods or services on this solicitation or contract in accordance with the terms and prices indicated therein if all parties atm. 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 Northstar Chemical, Inc Name of Authorized Company Representative (Type or Print) Matt Werger Signature of Above Company Address 14200 SW Tualatin -Sherwood Road, Sherwood, OR 97140 Title Executive Vice President Email Address Phone ( 503 ) 625-3770 Fax ( 503 )625-1478 bidsnw@northstarchemical.com 12338 Agreement Page 40 of 55 1. Technical Specification Analysis The following Technical Specifications Analysis shall be answered with a Y of N. Checking "NO" on any item will not necessarily disallow a Bid. The City shall be the sole judge as to whether an exception is acceptable or not. Bidders are encouraged to provide further detail where such detail might differentiate their products from those of their competitors or where such detail might assist in analysis of the Bid. Technical Specification Analysis shall be returned with the Bid Submittal. FAILURE TO DO SO WILL BE CAUSE FOR REJECTION OF SAID BID SUBMITTAL. Item 1 2 3 4 5 6 Specification Liquid aluminum `Chlorohydrate [A1203]. Must meet ..AWWA Standard B 408- 03, or as per most recent revision, and ANSI/NSF Standard 60. In addition to'the above, the followingcriteria must also be met. Specific gravity at 250 C = 1.34 ± (2%) 12.4 ± (0.3%) of Aluminum At 250 C the weight/gallon of dry A1203= 5.59 lbs. ± (2%) At 250 C the weight/gallon of liquid A1203=11.18 Ibs. ± (2%) An aqueous solution 50% ± (3%) of 23.5 ± 0.5% A1203 Yes No Comments 12338 Agreement Page 41 of 55 Northstar Chemical Inc. 14200 SW Tualatin Sherwood Rd. Sherwood, OR 97140 (888) 793-9476 Phone (503) 625-1478 Fax -1883 Aluminum Chlorohydrate, 50% Solution Technic Data Sheet Component Aluminum (Al) Aluminum Oxide (A1203) Chloride (CI) Al : CI Raito Basicity pH Basis Weight % Weight % Weight Certified to ANSI/NSF Standard 60, Drinking water treatment additives standard, Maximum (MUL) Use Level of 250mg/L Specification 12.2 - 12.7 23.0 - 24.0 7.9 - 8.4 1.9:1 - 2.1:1 75 - 85 4.0 - 4.4 WARRANTY This information is, to the best of our knowledge, accurate, but may not be complete. Northstar Chemical furnishes this information in good faith, but without warranty, representation or guarantee of its accuracy, completeness or reliability. 12-2018 12338 Agreement Page 42 of 55 9/19/23, 9:47 AM Listing Category Search Page 1 NSF International The Public Health and Safety Organization NSF Product and Service Listings These NSF Official Listings are current as of Tuesday, September 19, 2023 at 12:15 a.m. Eastern Time. Please contact NSF to confirm the status of any Listing, report errors, or make suggestions. Alert: NSF is concerned about fraudulent downloading and manipulation of website text. Always confirm this information by clicking on the below link for the most accurate information: k_tt 'nf ,n rgiCeptifie• PwsChernicalVListings, aspQQmpaJy=CQQ52176&StafldadO60& NSF/ SI/C 6o Drin ng Water Treatment Chemicals eal Effects Northstar Chemical 14200 Southwest Tualatin Sherwood Road Sherwood, OR 97140 United States 888-793-9476 503-625-3770 Visit this company's website kiattp://nn4wri orthstarchemicaL coin). Facility: Distribution Center - San Pedro, CA Sodium Hydroxide Trade Designation Product Function Max Use Sodium Hydroxide 15% pH Adjustment 333mg/L Sodium Hydroxide 20% pH Adjustment 25omg/L Sodium Hydroxide 25% pH Adjustment 2oomg/L Sodium Hydroxide 30% pH Adjustment 167mg/L Sodium Hydroxide 33% pH Adjustment 152mg/L Sodium Hydroxide 50% pH Adjustment toomg/L Facility: Modesto, CA 12338 Agreement Page 43 of 55 9/19/23, 9:47 AM Listing Category Search Page 1 NSF International Blended Coagulation Chemicals[AL] [PY] Trade Designation MP-1483 MP-1683 Product Function Coagulation & Flocculation Coagulation & Flocculation [AL] Based on an evaluation of health effects data, the level of aluminum drinking water shall not exceed 2 mg/L. [PY] Polyamines Certified by NSF International comply with 40 CFR 141.111 percent monomer and dose. Citric Acid Trade Designation Citric Acid Hydrochloric Acid Trade Designation Hydrochloric Acid io% Hydrochloric Acid 15% Hydrochloric Acid 20% Hydrochloric Acid 25% Hydrochloric Acid 28% Hydrochloric Acid 31% Hydrochloric Acid 35% Phosphoric Acid Trade Designation Phosphoric Acid 15% Phosphoric Acid 36% Phosphoric Acid 75% Phosphoric Acid 85% Polymer Blends[AL] Trade Designation MD-1883 Product Function pH Adjustment Product Function pH Adjustment pH Adjustment pH Adjustment pH Adjustment pH Adjustment pH Adjustment pH Adjustment Product Function Corrosion & Scale Control Corrosion & Scale Control Corrosion & Scale Control Corrosion & Scale Control Product Function Coagulation & Flocculation Max Use 5orngiL loomg/L in the finished requirements for Max Use loomg/L Max Use i4omg/L 93mg/L 7omg/L 56mg/L 50mg/L 45mg/L ziomg/L Max Use 68mg/L 28mg/L 14mg/L 1.2mg/L Max Use 25omg/L [AL] Based on an evaluation of health effects data, the level of aluminum in the finished drinking water shall not exceed 2 mg/L. Potassium Hydroxide Trade Designation Product Function Max Use 12338 Agreement Page 44 of 55 en9/23,9:47mw Potassium hydroxide zo% 9otuuaiuru hydroxide4596 9o1aoubuzuhydro.-Aide 5oY6 modiuoBisulfiteffl Trade Designation Sodium Bimzlfibe25Y6 Sodium Bieulfito38Y6 Listing Category Search Page | NSF International Corrosion & Scale Control pH Adjustment Corrosion &cScale Control pH Adjustment Corrosion & Scale Control pH Adjustment Product Function Dechlorination Dechlorination [1] This product contains sulfite' Sulfites have been known to cause potentially lethal allergic reactions in sulfite -sensitive individuals' The maximum recommended allowable residual sulfite level in the finished drinking water is 100 ppb (0'1 m8/L)' Sodium Trade Designation Prwductmunction Corrosion & Scale Control Corrosion & Scale Control Corrosion 8cScale Control Corrosion & Scale Control Corrosion 8cScale Control Corrosion 0cScale Control Product Function Disinfection &Oxidation [HY] The residual levels of chlorine (hypochlorite ion and hypochIorous acid), chlorine dioxide, chIorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Also, reference the AWWA B300 (Hypuchlorites) standard's Recommendations for the Handling and Storage of Hypmchlorite Solutions appendix for information on preservation techniques for hypochlorite bleach in transit and storage. Sodium Polyphosphates, Glassy Trade Designation ���u�m�w w� ^ '^ Sodium IloxuruotuphospbutmSolution z696 Corrosion &cScale Control 12338Agreement Page 45of55 9/19/23, 9:47AM Listing Category Search Page 1 NSF International Sulfuric Acid Trade Designation Sulfuric Acid 20% Sulfuric Acid 25% Sulfuric Acid 3o% Sulfuric Acid 33% Sulfuric Acid 36% Sulfuric Acid 5o% Sulfuric Acid 70% Sulfuric Acid 78% Sulfuric Acid 93% Facility: Santa Fe Springs, CA Blended Coagulation Chemicals[AL] [PY] Trade Designation MP-1483 MP-1683 Product Function Corrosion & Scale Control pH Adjustment Corrosion & Scale Control pH Adjustment Corrosion & Scale Control pH Adjustment Corrosion & Scale Control pH Adjustment Corrosion & Scale Control pH Adjustment Corrosion & Scale Control pH Adjustment Corrosion & Scale Control pH Adjustment Corrosion & Scale Control pH Adjustment Corrosion & Scale Control pH Adjustment Product Function Coagulation & flocculation Coagulation & Flocculation [AL] Based on an evaluation of health effects data, the level of aluminum drinking water shall not exceed 2 mg/L. [PY] Polyamines Certified by NSF International comply with 40 CFR 141.111 percent monomer and dose. Citric Acid Trade Designation Citric Acid Hydrochloric Acid Trade Designation Hydrochloric Acid io% Hydrochloric Acid 15% 12338 Agreement Product Function pH Adjustment Product Function pH Adjustment pH Adjustment AftrUrse 233mg/L 186mg/L 153mg/L wmg/L 129mg/L 93mg/L 66mg/L 6omg/L 5omg/L MaxIse 5omg/L loomg/L in the finished requirements for Max Use ioomg/L Max Use iztomg/L 93mg/L Page 46 of 55 9M9/23,9A7AM Hydrochloric Acid 20% Hydrochloric Acid 25% Hydrochloric Acid 28% Hydrochloric Acid 31% Hydrochloric Acid 35% Phosphoric Acid Trade Designation Phosphoric Acid 15% Phosphoric Acid 36% Phosphoric Acid 75% Phosphoric Acid 85% Polymer Blends[AL] Trade Designation MD-1883 Listing Category Search Page 1 NSF International pH Adjustment pH Adjustment pH Adjustment pH Adjustment pH Adjustment Product Function Corrosion & Scale Control Corrosion & Scale Control Corrosion & Scale Control Corrosion & Scale Control ProductFunction Coagulation & Flocculation 7omg/L 56mg/L 5omg/L 45mg/L 40mg/L Max Use 68mg/L 28mg/L 14mg/L 12mg/L Max Use 25omg/L [AL] Based on an evaluation of health effects data, the level of aluminum in the finished drinking water shall not exceed 2 mg/L. Potassium Hydroxide Trade Designation Potassium hydroxide io% Potassium hydroxide 45% Potassium hydroxide 5o% Sodium Bisulfite[i] Trade Designation Sodium Bisulfite 25% Sodium Bisulfite 38% Product Function Corrosion & Scale Control pH Adjustment Corrosion & Scale Control pH Adjustment Corrosion & Scale Control pH Adjustment ProductFunction Dechlorination Dechlorination Max Use 45onag/L loonag/L loorag/L Max Use 46mg/L 29mg/L [1] This product contains sulfite. Sulfites have been known to cause potentially lethal allergic reactions in sulfite -sensitive individuals. The maximum recommended allowable residual sulfite level in the finished drinking water is 100 ppb (0.1 mg/L). Sodium Hydroxide Trade Designation Product Function Max Use 12338 Agreement Page 47 of 55 9n9/23,9:47mw Sodium Hydroxide zG% Sodium Hydroxide2o96 Sodium Hydroxide 2696 Sodium Hydroxide 3o96 Sodium Hydroxide 33Y6 Sodium Hydroxide 5oY6 Listing Category Search Page | NSF International Corrnsimz& Scale Control Corrosion & Scale Control Corrosion & Scale Control Corrosion & Scale Control Corrosion 8cScale Control Corrosion & Scale Control Sodium Trade Designation Product Function Max Use Sodium H}poublorboz2.S96 Disinfection QcOxidation 84zug/L [HY] The residual levels of chlorine (hxpochIorite ion and hypochIorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Also, reference the 4WWA B300 (Hypochlurites) standard's Recommendations for the Handling and Storage of HypochIorite Solutions appendix for information on preservation techniques for hypochlurite bleach in transit and storage. Sodium Polyphosphates, Glassy Trade Designation ProductFunction Max Use Sodium E[ nnhute Solution 1696 Corrosion & Scale Control 56n`o/L Sulfuric Acid Trade Designation Sulfuric Acid 20% Product Function Corrosion & Scale Control pH Adjustment Corrosion & Scale Control pH Adjustment Corrosion & Scale Control pH Adjustment Corrosion 8cScale Control pH Adjustment Corrosion &cScale Control pH Adjustment Corrosion 8cScale Control pH Adjustment Corrosion & Scale Control pH Adjustment Corrosion 8cScale Control pH Adjustment Corrosion 8zScale Control pH Adjustment 123388greemont Page 4Oof55 9n9/23,e47am Faxiu��:Sherwood, Or^ Aluminum Trade Designation Alood000u Chlorohydrate Solution M-18B3 Listing Category Search Page | NSF International PrwductFumctim Coagulation & Flocculation Coagulation & Flocculation [AL] Based on an evaluation of health effects data, the level of aluminum in the finished drinking water shall not exceed 2 mg/L. Aluminummulfate{AL] Trade Designation A-o800 Aluminum Sulfate ProdumFumctim Coagulation & Flocculation Coagulation & Flocculation [AL] Based on an evaluation of health effects data, the level of aluminum in the finished drinking water shall not exceed 2 mg/L. Blended Coagulation [PY] Tr-ade Designation Prwductmunction Coagulation & Flocculation [AL] Based on an evaluation of health effects data, the ' level of aluminum in the finished drinking water shall not exceed 2 mg/L. [PY] Polvamines Certified by NSF International comply with 40 [FR 141.111 requirements for percent monomer and dose' Citric Acid Trade Designation Citric Acid rolymermlends[ALl [PYJ Trade Designation mr-o954 NDoq48 PnlyahumionooHydroxynh/uroouoatm PrwductFumction pH Adjustment ProductFumctiw Coagulation & Flocculation Coagulation & Flocculation Coagulation &cFlocculation [AL] Based on an evaluation of health effects data, the level of aluminum in the finished drinking water shall not exceed 2 mg/L. anomoy`nmw Listing Category Search Page | NSF International [PY] Polyamines Certified by NSF International comply with 40 [FR 141.111 requirements for percent monomer and dose' 8odiumHydrmidde Trade Designation Product Function Max Use Sodium HydroxideSolutions 25% Corrosion Control 2onmg/L pH Adjustment Sodium Hydroxide Solutions 5VY6 Corrosion Control zoomg/L pH Adjustment Sodium Trade Designation Product Function Max Use Sodium IIvouu}dorbozo.5Y6 Disinfection &rOxidation 04n`e/L Sturcblor Disinfection 0cOxidation 84zug/L [HY] The residual levels of chlorine (hypochlorite ion and hypochIorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Also, reference the AWWA 8308 (Hypochlorites) standard's Recommendations for the Handling and Storage of Hypochlorite Solutions appendix for information on preservation techniques for hypochlorite bleach in transit and storage. mulfuzic Acid Trade Designation ProductFunction Max Use Sulfuric Acid 36Y6 pH Adjustment 129zug/L Sulfuric Acid 5o96 pH Adjustment qxoue/L Sulfuric Acid 9396 p}IAdjustment 5ozug/L Facility: Tacoma, lM7A Sodium Hydrmydde Trade Designation PrwductFunctiom Sodium Hydroxide Qolnt0005V6 Corrosion Control pH Adjustment Sodium Hydroxide Solution 5o96 Corrosion Control pH Adjustment Sodium Trade Designation Product Function Max Use Sodium Hyoobclozbez2.5Y6 Disinfection &Oxidation 4umu/L 12338Agreement Page 5Dof5a 9n9/23,9:47fM Listing Category Search Page | NSF International [HY] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Also, reference the AWWA B300 (Hypochlorites) standard's Recommendations for the Handling and Storage of Hypochlorite Solutions appendix for information on preservation techniques for hypochlorite bleach in transit and storage. Facility: Distribution Center -3USA modiumHydroydde Trade Designation Sodium Hydroxide 0olntioo2G96 Sodium Hydroxide Solution 50% Number of matching Manufacturers is 1 Number of matching Products ismz Processing time was vseconds PrwductFumctim Corrosion Control pH Adjustment Corrosion Control pH Adjustment 12358Agreemant Page 51of55 VII. BID FOR INVITATION TO BID NO. 12338 TO BIDDER: PLEASE QUOTE YOUR LOWEST PRICE, BEST DELIVERY DATE AND PAYMENT DISCOUNT TERMS FOR THE FOLLOWING. THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS AND TO ACCEPT ANY OR ALL ITEMS AT THE PRICE BID. THE CITY INTENDS TO AWARD THIS CONTRACT WITHIN NINETY (90) CALENDAR DAYS. Quote your lowest price for the following: UNIT DESCRIPTION Liquid Aluminum Chlorohydrate [A1203]. Must meet Tons AWWA Standard B 408-03, or as per most recent revision, and ANSI/NSF Standard 60. Basis of bid to be per net dry ton of 2,000 lbs. of 23.5 +/- 0.5% A1203 delivered in 4,500 gallons (liquid form) more or less lots FOB Water Treatment Plant, 6390 Highway 12, Yakima, Washington, 98908. Successful vendor shall supply specific gravity of each load at time of delivery at no charge to the City. Subtotal: Tax 8.3%: Washington State Destination Based Total: Freight FOB Destination: Unit Price Per Ton $ 1,960.00 Total Price 117,600.00 $117,600.00 $ 9,760.80 12338 Agreement Page 52 of 55 VIII. BIDDER AND SAFETY 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 with your Bid. Failure to submit this form fully complete, may result in disqualification of Bid Proposal. BIDDER INFORMATION Bidder's Legal Name: Company's dba: (if applicable) CEO/President Name: Business License No. Northstar Chemical, Inc Stan Chang - President Phone (503) 625-3770 UBI No. 601-711-981 Federal EIN No. 93-1209247 Toll Free Phone ( FAX (503) 625-1478 E-Mail Address bidsnw@northstarchemical.com Mailing Address 14200 SW Tualatin -Sherwood Road City Sherwood State OR Physical Address Same as above City Zip + 4 97140 State Zip + 4 Name the person to contact for questions concerning this Bid Proposal: Name Julie DeBellis Phone (503) 625-3770 Title Sales Coordinator Toll Free Phone ( } FAX (503) 625-1478 E-Mail Address bidsnw@northstarchemical.com Mailing Address 14200 SW Tualatin -Sherwood Road City Sherwood Physical Address Same as above City State OR Zip + 4 97140 State Zip + 4 12338 Agreement Page 53 of 55 BIDDER: Northstar Chemical, Inc BIDDER QUESTIONNAIRE Is Liquid Aluminum Chlorohydrate shipped on radio -equipped trucks? Yes ❑ No 2. What safety equipment is carried on the delivery trucks? A Individual PPE B Spill Kit i.e. neutralizing agents, spill dam, inflatable spill containment First Aid Kit D. Fire extinguisher Safety cones, safety tape 3. 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, Identify tank to be delivered to, inspect tank for safety issues, begin pumping product, monitor tank level, inspect lines to ensure no leaks, clear the pump lines and pump of product, put away hose, contact customer to verify delivery„ and exit site. 4. What emergency training will the drivers receive? Name of Course: Number of Hours: Date of Training: Product Safety Orientation 24-40 hours A. B. HAZWOPER Training 40 hours Start Date TBD 5. What procedures are proposed for emergencies during transport? 12338 Agreement Page 54 of 55 (I.e. Will local Fire Departments be notified of transport routes and times?) A. Ensure personal safety B. Stop spill/containation of area Contact dispatch C. 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? Mark Thomas, Operations Manager, 503-625-3770 (Name, Position, Phone number) 12338 Agreement Page 55 of 55 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.J. For Meeting of: October 17, 2023 ITEM TITLE: Resolution awarding Bid 12338 and authorizing an agreement with Northstar Chemical, Inc., for Liquid Aluminum Chlorohydrate (ACH) SUBMITTED BY: * Mike Shane, Water/Irrigation Manager Christina Payer, Buyer I I SUMMARY EXPLANATION: The City published notice in the Yakima Herald Republic on September 6 and 8, 2023 and on the city's webpage through PublicPurchase.com that Bid 12338 was open for competitive bid. Recommendation of award was made to Northstar Chemical, Inc. The City Manager reviewed and approved the recommendation of award as indicated on the attached bid tabulation. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Trust and Accountability APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Description Upload Date ❑ 10/11/2023 ❑ 10/2/2023 ❑ 10/3/2023 Type