HomeMy WebLinkAbout2019-11-20 Sodium Hypochlorite Rev 1
October 30, 2019
TO: Chlorine Suppliers
FROM: Nora Mitchell
Interim City Manager
City of Port Townsend
The City of Port Townsend isopening bidding for supply and delivery of sodium
hypochloritefor the Water Quality and Wastewater departments. Enclosed is a bidding package for
your convenience.
ALL PAGES MUST BE COMPLETE AND SUBMITTED WITH YOUR SEALED
BID. PLEASE READ THE BID PACKAGE CAREFULLY. ANY UNSIGNED OR
INCOMPLETE BID DOCUMENTS MAYCAUSE YOUR BID TO BE REJECTED.
PLEASE NOTIFY EMILY COLER AT ecoler@cityofpt.us OF YOUR
INTENT TO BID. YOU MAY NOT RECEIVE ADDENDUMS OR UPDATES
TO THE BID IF YOU ARE NOT INCLUDED ON THE BIDDER’S LIST.
Please feel free to call Emily Coler at (360)390-4051should you have any questions
regarding this bidding, or Ian Jablonski, Water Operations Managerat (360) 379-5001 if you have
questions about delivery or quantities.
We look forward to receiving your sealed bid at the specified time and location.
Enclosures
BID DOCUMENT COVER SHEET
Description of Project or Contract: Sodium Hypochlorite.
BID DEADLINE:
Date: Wednesday November20, 2019
Time: 2:00 pm
Place: City of Port Townsend City Clerk
250 Madison St #2
Port Townsend, WA 98368
PROPOSAL SUBMITTED BY:
Address:
Telephone:
CHLORINE PRODUCTS i BID DOCUMENT COVER SHEET
TABLE OF CONTENTS
Pages
BID DOCUMENT COVER SHEET...........................................................................I
TABLE OF CONTENTS ............................................................................................ ii
PART 1 - BID FORMS
INVITATION TO BID .............................................................................................1-3
INSTRUCTIONS AND INFORMATION FOR BIDDERS ....................................1-4
EXHIBIT A - BID PROPOSAL...............................................................................1-8
EXHIBIT B - WASHINGTON BID BOND ..........................................................1-11
EXHIBIT C - BIDDER'S STATEMENT OF QUALIFICATIONS .......................1-13
PART 2 - CONTRACT FORMS
EXHIBIT D - AGREEMENT ..................................................................................2-1
PART 3 - SPECIFICATIONS
EXHIBIT E - INSURANCE REQUIREMENTS FOR BIDDERS ..........................3-1
CHLORINE PRODUCTS -ii- CONTENTS
INVITATION TO BID
The City of Port Townsend will be accepting Bids for the City’s requirements for the supply and
delivery of sodium hypochlorite (minimum 12.5% concentration) until 2:00 p.m. Wednesday,
November 20, 2019 at the City of Port Townsend,CityClerk’s Office, 250Madison St #2, Port
Townsend, and WA 98368, at which time the bids will be publicly opened and read. Any bids
received after the specified time and date will not be considered.
A copy of the Bid Document may be obtained from the City of Port Townsend Public Works
Department, 250 Madison St #2R, Port Townsend, WA 98368. Phone (360) 390-4051, e-mail
ecoler@cityofpt.us or on the City of Port Townsend website at www.cityofpt.us
The bid must be submitted on the prescribed Bid Forms and must be accompanied by a Washington
Bid Bond payable to the City of Port Townsend for 5% of the total amount bid, as prescribed in the
Instructions and Information for Bidders.
Each Bidder is required to file with its bid a completed Bidders' Statement of Qualifications. Before
a contract will be awarded to the lowest, responsive, responsible Bidder, the City will conduct such
investigation as is necessary to determine the performance record and ability of the apparent low
Bidder (s) to perform the size and type of Work specified under this contract. Upon request, the
Bidder shall submit such additional information as deemed necessary by the City to evaluate the
Bidder's qualifications.
For questions regarding the bid, contact Emily Coler at (360) 390-4051 or if you have questions
regarding delivery or quantities of sodium hypochlorite please call Ian Jablonski, Water Resources
Manager, at (360) 379-5001.
Please email Emily Coler atecoler@cityofpt.us to be included on the plan holders
list. If you are not included on the list you may not receive addendums or updates
regarding the bid.
The City of Port Townsend reserves the right to reject any and/or all bids and to waive any
irregularities and informalities.
Dated this 30th day of October 2019.
City of Port Townsend, WA
By:
Joanna Sanders, City Clerk
CHLORINE PRODUCTS 1-3 INSTRUCTIONS
INSTRUCTIONS AND INFORMATION FOR BIDDERS
I.
The City of Port Townsend invites bids to provide and deliver sodium hypochlorite
(12.5% concentration) to the Wastewater Department and to the Water Quality Department of the
City of Port Townsend. The Jefferson County PUD #1 named in this document may use the
City’s contract for convenience, but whether the vendor enters into a contract with any other
agency is between the vendor and that agency and the vendor is not required to do so under this
bid.
II.
Documents. Plans, specifications or contract documents are on file with the City of Port
Townsend at the following office and address:
City of Port Townsend
Public Works Department
250 Madison St #2R
Port Townsend, WA 98368
III.
Receipt of Bids. Bids must be submitted on the forms provided herewith, all blanks of which
must be appropriately filled in. Bids will be received when and as outlined in the Invitation to Bid
and then at said place publicly opened and read aloud. Each bid must be submitted in a sealed
envelope bearing on the outside the name and address of the bidder, the date submitted, and the type
of supply or service for which the bid is being submitted. If forwarded by mail, a sealed envelope
containing the bid must be enclosed in another envelope addressed to the City of Port Townsend.
The City of Port Townsend may consider informal any bid not prepared and submitted with
provisions hereof.
IV.
Withdrawal of Bids. Any bid may be withdrawn prior to the scheduled time for opening of
bids or authorized postponement thereof. No bid orproposal may bewithdrawn after the time set for
the bid opening or before award of contract, unless said award is delayed for a period exceedingsixty
(60)days.
V.
Late Bids. Any bid received after the time and date specified shall not be considered.
VI.
Bid Documents. Each bid must beaccompanied by the following completed forms fully
executed as required.
1. Exhibit A: Bid Proposal
2. Exhibit B: Bid Guarantee (Washington Bid Bond)
3. Exhibit C: Bidder's Statement of Qualifications
CHLORINE PRODUCTS 1-4 INSTRUCTIONS
VII.
Agreement. The form of Agreement is included in the Bid Document marked as Exhibit D,
which form shall be used and required of the bidder to be executed for the Contract. The party to
whom the Contract is awarded will be required to execute the Agreement within 10 calendar days
from the date when Notice of Award is delivered to the bidder. The Notice of Award shall be
accompanied by the Agreement. In case of failure of the bidder to execute the Agreement, the City
may at its option consider the bidder in default, in which case the Bid Bond accompanying the
proposal shall become the property of the City and be forfeited.
VIII.
Proposals. All bids must be made on the Bid Proposal and must include the required
bid documents. All blank spaces for bid prices must be filled in, in ink or typewritten, and the
Bid Proposal must be fully completed and executed when submitted. Only one copy of the bid
is required.
IX.
Waiver or Rejection. The City may waive any informality, irregularity, or minor defect or
reject any and all bids at any time.
X.
Bidder Familiarity with Requirements. Bidders must satisfy themselves of the accuracy of
estimated quantities, specifications and contract requirements, by personal examination of any plans,
specifications, all bid and contract documents, the site or sites or location of the proposed work, and
by any other examination or investigation which they may desire to make as to the nature of the
contract requirements or any difficulties to be encountered. The failure or omission of any bidder to
do any of the foregoing shall in no way relieve any bidder from any obligation in respect to his/her
bid, and the bidder shall not assert that there was a misunderstanding concerning the work or of the
nature of the work to be done, or of the requirements of the contract.
XI.
Bidders may submita Bid Bond, or a certified check payable to the City of Port Townsend may be
used in lieu of a Bid Bond.
As soon as the bid prices have been compared, the City will return the bonds (or checks) ofall except
the three lowest responsible bidders. When the Agreement is executed, the bonds of the two
remaining unsuccessful bidders will be returned. The Bid Bond of the successfulbidder will be
retained until the Agreement has been executed and approved, after whichit will be returned.
XII.
Attorneys-in-Fact. Attorneys-in-fact who sign Bid Bonds must file with each bond a certified
and effective dated copy of their Power of Attorney.
CHLORINE PRODUCTS 1-5 INSTRUCTIONS
XIII.
Notice to Proceed. A Notice to Proceed shall be issued within ten(10) days of the execution
of the Agreement by the City. Should there be reasons why the Notice to Proceed cannot be issued
within such period, time may be extended by mutual agreement between the City and the Supplier.
If the Notice to Proceed has not been issued within 10 days or within the period mutually agreed
upon, the Supplier may terminate the Agreement without further liability on the part of each party.
XIV.
Qualifications of Bidders. The bidder is required to file with its bid a statement of
qualifications. The City may make such investigations as it deems necessary to determine the ability
of the bidder to perform the work, and the bidder shall furnish to the City all such information and
data for this purpose as the City may request in additionto any information required by the Statement
of Qualifications. The City reserves the right to reject any bid if the evidence is submitted by or an
investigation of such bidder fails to satisfy the City that such bidder is properly qualified to carry out
obligations of the contract and to complete the work contemplated therein.
XV.
Applicable Law. All applicable laws, ordinances and the rules and regulations of all
authorities having jurisdictions over the City or of the work to be performed by the supplier shall
apply to the contract throughout, and the bidder shall be required to be familiar with and comply with
any such laws, ordinances, rules and regulations.
XVI.
Conditional or Qualified Bids. A conditional or qualified bid will not be accepted.
XVII.
Basis of Award. The Contract will be awarded to the lowest responsive, responsible bidder,
subject to the other rights retained by the City as set forth in the Bid Documents.
XVIII.
Corrections, Interpretations and Addenda. Any omissions, discrepancies, or need for
interpretation should be brought in writing to the attention of ecoler@cityofpt.us or mailed to the
following:
EmilyColer
City of Port Townsend
250 Madison St #2R
Port Townsend, WA 98368
Written addenda to clarify questions which should arise will then be issued if appropriate.
All interpretation or explanation of the bid contract documents shall be in the form of an addendum,
and no oral statements by the City or any other officer, employee or other agent or representative of
the City shall in any way modify the contract or bid documents, whether made before or after letting
the contract.
CHLORINE PRODUCTS 1-6 INSTRUCTIONS
XIX.
Insurance Requirements. All bidders will be required, if they areawarded the contract, to
provide insurance in accordance with the requirements set forth in Exhibit E. Bidders should pay
special note to the insurance requirements, endorsement, and documents required. Failure to strictly
comply with the insurance requirements may disqualify the apparent low bidder from award of the
contract.
XX.
Estimates. All quantities specified in the specifications are estimates only, and actual quantities
required by the City of Port Townsend and the Jefferson County PUD #1 may vary more or less. All
bidders should take this factor into account in preparing and submitting a bid. Other government entities
named in this bid document may purchase by authority of this contract and have provided their
estimated quantities.
XXI.
Cooperative Purchasing. The Washington State Interlocal Cooperative Act RCW 39.34
provides that other governmental agencies may purchase goods and services on this solicitation or
contract in accordance with terms and prices indicated therein if all parties are willing. Each
governmental agency may sign separate agreements with the awarded vendors.The City of Sequim,
City of Port Angeles and Jefferson County Public Utility District #1 all presently have Interlocal
Agreements with the City of Port Townsend and are eligible to purchase from this contract without
requirement for public bidding. This does not preclude other agencies from purchasing from this bid.
XXII
Price Increases Commodity: Any price increase for commodity requests must be in writing and
approved by the City Purchasing Manager. Vendors shall be allowed to adjust prices, providedproof of
manufacturer's price increase can be furnished to the City. If approved, the price increase shall take
effect thirty (30) days from the date notification was received by the City.
Price Increases Delivery: Any price increase for delivery requests must be in writing and
approved by the City Purchasing Manager. Vendors shall be allowed to adjust prices, provided proof of
fuel price increases can be furnished to the City. If approved, the price increase shall take effect thirty
(30) days from the date notification was received by the City.
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 vendor.
CHLORINE PRODUCTS 1-7 BID PROPOSAL
EXHIBIT A
BID PROPOSAL
Proposal of
(hereinafter called "Bidder"), organized and existing under the laws of the State of
, doing business as .
To the City of Port Townsend (hereinafter called "City"):
In compliance with your Invitation to Bid and Instructions and Information for Bidders, Bidder hereby
proposes to perform all work for the following project or contract: SUPPLY AND DELIVERY OF
Sodium Hypochlorite in strict accordance with the Bid Document, within the time set forth therein, and
at the prices stated below.
By submission of this Bid, each Bidder certifies, and in the case of a joint Bid each party thereto
certifies as to his own organization, that this Bid has been arrived at independently without consultation,
communication or agreement as to any matter relating to this Bid with any other Bidder or with any
other competitor.
Bidder hereby agrees to commence work under this Contract on or before a date to be specified in the
Notice to Proceed.
The undersigned Bidder agrees, if this bid is accepted, to enter into an Agreement with the City on the
Agreement form included in this Bid Document and agrees to maintain prices submitted for this bid for
a period of one year beginning February 21, 2020 and ending February21, 2021. The contract may be
terminated by either party submitting a proper written notice thirty (30) days prior to the date of
termination. The contract may be extended for two one-year terms if mutually agreeable to both parties.
Price increases may be negotiated at each contract extension based on verifiable increases to the
vendor’s costs.
Bidder agrees that the Bid amounts stated herein include consideration of the specified insurance
coverages.
Bidder agrees to perform all work described in the Bid Document for the following unit prices which
shall include delivery costs in the unit prices; it being expressly understood that the unit prices are
independent of the exact quantities used by the City.
CHLORINE PRODUCTS 1-8 BID PROPOSAL
SPECIFICATIONS
SODIUM HYPOCHLORITE (NaOCl)
Standards
This item covers furnishing the quantity of 12.5% sodium hypochlorite for use in disinfecting water at
the water and wastewatertreatment facilities listed below.
Delivery Sites and Estimated Quantities:
Item QuantityUnit Unit Price Unit Price (Words)
*
(Fig.)
Sodium Hypochlorite tanker load
may be split between Port
Townsend WWTF, Port
30,500 Gal.
Townsend WTF and Jefferson
County PUD #1*
* Estimated annual use. Exact quantity used may vary.
Jefferson County PUD#1
21 Kennedy Rd. Port Hadlock, WA 98339
73 Kennedy Rd. Port Hadlock, WA 98339
12,000 gallons yearly estimated usage
Port Townsend Wastewater Treatment Plant
5300 Kuhn St. Port Townsend, WA 98368
13,000 gallonsyearly estimated usage
Port Townsend Water Treatment Facility
th
2807 20 St. Port Townsend, WA 98368
5,500 gallons yearly estimated usage
Hypochlorite supplied under this contract shall be tested and certified as meeting these specifications
and those of the American Nation Standards Institute/National Sanitation Foundation Standard 60
(ANSI/NSF Standard 60), Drinking Water Treatment Chemicals – Health Effects.
Color should be clear yellow or greenish; liquid free of suspended matter; available chlorine volume
should be 14.5% maximum; NaOCl should be 12.5% minimum; excess caustic weight should be
between 0.25-0.80% maximum.
CHLORINE PRODUCTS 1-9 BID PROPOSAL
All bulk shipments shall be accompanied by:
Aweight certificate from a certified weigher specifying fullweight and truck tare weight (note
that intermediate weighing is not required between the split delivery locales).
A bill of lading including percent available chlorine and specific gravity of the hypochlorite
solution.
Deliveries shall be made within one week of the call requesting delivery.
The delivery time of the shipment shall not exceed 72 hours from the time of manufacture of the
produce.
Deliveries shall be made between 7 am and 2 pm unless an alternate delivery time is approved in
advance.
Trucks will deliver a full tank split between the above facilities. The truck shall be self-unloading
through pumped feed.
Termination of supply contract
The city reserves the right to suspend or terminate the supply contract and purchase material from an
alternate supplier in the event that the material and delivery specifications are not met or in the event
that the material or delivery interferes with the proper operation of the City’s disinfection process and/or
equipment. The City will provide written notice of such action and the cause therefore. Depending on
the extent of such interference, the City may allow the supplier a period of time to correct any
deficiencies following notice.
Basis for Bid Award
The bidder shall specify on the proposal the unit price per gallon of actual material to be delivered.
CHLORINE PRODUCTS 1-10 BID PROPOSAL
Brand Name
City and State of Manufacture
Terms
Comments (if a Receipt is hereby acknowledged of Addendum(s) No(s) :
Bidder's Firm Name Date
By: ___________________________________________
Authorized Signature
(AUTHORIZED SIGNATURE REQUIRED, BID PROPOSAL IS VOID WITHOUT IT)
Address and telephone number:
1. If the Bidder is a sole proprietorship, so stateand give the name under which business is
transacted.
2. If the Bidder is a co-partnership, so state, giving firm name under which business is transacted.
3. If the Bidder is a corporation, this Proposal must be executed by its duly authorized officials.
Name, Phone Number and Address for receipt of official communications and for additional
information on this Bid:
SUBMITTED ON ___________ , 2019.
ENDOF SECTION
CHLORINE PRODUCTS 1-11 BID PROPOSAL
EXHIBIT B
WASHINGTON BID BOND
BOND NO.
AMOUNT: $
KNOW ALL MEN BY THESE PRESENTS, that
hereinafter called the PRINCIPAL, and
a corporation duly organized under the laws of the State of , having its
principal place of business at
in the State of , and authorized to do business in the State of Washington,
as SURETY, are held and firmly bound unto
as OWNER, hereinafter called the OBLIGEE, in the sum of
DOLLARS ($ ),
for the payment of which we bind ourselves, our heirs, executors, administrators, successors,
and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS BOND IS SUCH THAT:
WHEREAS, the PRINCIPAL is herewith submitting his or its Bid Proposal for
said Bid Proposal, by reference thereto, being hereby made a part hereof.
NOW, THEREFORE, if the Bid Proposal submitted by the PRINCIPAL is accepted, and the
Contract awarded to the PRINCIPAL, and if the PRINCIPAL shall execute the proposed
Contract within the time fixed by the Documents, then this obligation shall be void; if the
PRINCIPAL shall fail to execute the proposed Contract, the SURETY hereby agrees to pay
to the OBLIGEE the said sum as liquidated damages.
CHLORINE PRODUCTS 1-12 WASHINGTON BID BOND
Signed and sealed this day of , 2019.
PRINCIPAL
By
SURETY
By
Attorney-In-Fact
* * * * * *
CHLORINE PRODUCTS 1-13 WASHINGTON BID BOND
EXHIBIT C
BIDDER'S STATEMENT OF QUALIFICATIONS
The undersigned hereby certifies and submits the following qualifications:
1.Name and address
Telephone
2. If the Bidder is a corporation, please provide the following information:
State and Year of Incorporation
Principal Place of Business
Registered Agent and Address
President
Vice-President
Secretary
Treasurer
If out-of-state corporation, date and place of filing of any authorization or intent to do
business in Washington State:
3. If partnership, name and address of each general partner:
BIDDER'S STATEMENT
CHLORINE PRODUCTS 1-14 OF QUALIFICATIONS
4. If sole proprietorship, name and address of sole proprietor including spouse:
5.List any other trade or other names under which the company has conducted business
during the last five years:
6.Number of years in business under present firm name:
7.State of Washington Department of Revenue registration number:
8.Internal Revenue Service Employer Identification Number:
If none, for a sole proprietorship, Social Security Number of Sole Proprietor:
9.Particular types of work performed by the firm:
10. List several recent public or other contracts or project performed:
Amount Type Owner Name Telephone
11. Gross amount of contracts now in hand:
BIDDER'S STATEMENT
CHLORINE PRODUCTS 1-15 OF QUALIFICATIONS
12. Bank references (name, address and telephone number):
13. Credit references (name, address and telephone number):
The undersigned certifies that he or she is authorized to execute and sign this Statement of
Qualifications on behalf of the Bidder, and the Bidder does hereby specifically authorize the
City of Port Townsend, its officers or agents to inquire into any of the named persons, firms
or public entities identified above concerning the Bidder for the purpose of evaluating the
Bidder's qualifications in connection with the Bidder's Bid Proposal, and the Bidder
specifically authorizes any of the persons, firms or public entities above to disclose such
information as requested by the City, its officers or employees to evaluate the qualifications
of the Bidder.
Dated:
Name of Bidder
By:
Authorized Signature
Title:
Signatory's address and telephone number:
BIDDER'S STATEMENT
CHLORINE PRODUCTS 1-16 OF QUALIFICATIONS
EXHIBIT D
AGREEMENT
This AGREEMENT, made and entered into this day of , 2019, by and between
the CITY OF PORT TOWNSEND,Washington, hereinafter referred to as the "City, " and
hereinafter referred to as the "Supplier";
RECITALS
WHEREAS, the City is desirous of contracting with said supplier for the purchase of
for the period from
to ; and
WHEREAS, theSupplier has submitted the lowest bid for the sale of said
and will be the supplier if said material is needed by the City.
NOW, THEREFORE, IN CONSIDERATION OF THE TERMS, CONDITIONS AND
COVENANTS HEREIN CONTAINED, the parties agree as follows:
AGREEMENT
1. Purchase and Sale. The City hereby agrees to purchase the
,
needed and required by it during the period from
to from the Supplier, and the Supplier agrees to furnish, supply and
deliver to the City said
needed, required and ordered during said period.The contract may be terminated by eitherparty
submittinga proper written notice thirty (30) days prior to the date of termination. The contract may
be extended for two one year terms if mutually agreeable to both parties. Price increases may be
negotiated at each contract extension based on verifiable increases to the vendor’s costs.
2. Contract Documents. The Contract between the parties includes this Agreement along
with all bid documents and Exhibits, each incorporated herein by thisreference as if setforth in
full.
3. Price. The City agrees to payfor said
the price as setforth in the Supplier's proposal.
4. Payment. Payment by the City shall be made monthly upon receipt of invoices from
the Supplier, which shall be subject to verification as to quantities and qualities.
CHLORINE PRODUCTS
5. Materials. The materials so delivered shallconform to specifications provided inthe
above-mentioned documents, shall be merchantable and of high quality, and fit for the purposes
of use intended by the City.
6. Delivery and Risk of Loss. The Supplier agrees to deliver the products to the place as
designated in the Request for Bids within 7days of a request for delivery by the City. Title shall
pass to the City on delivery to said designated place. Risk of loss, destruction or damage to the
products shall be on the Supplier until title passes to the City.
7. Delays in Delivery. The City agrees that the Supplier shall not be liable for any delay
or non-performance due to the failure of the source of supply from which the Supplier obtains the
products to make delivery, or due to delays in transportation, or due to strikes, labor difficulties,
floods, fires or acts of God, or to the acts of regulations or any governmental authority or branch
or agency thereof.
8. Cover for Non-Delivery. In the event of delay or non-performance by the Supplier for
the reasons set forth in Section 7 of this Agreement, or for any other reason, the City shall be free
to obtain said products fromother sources without incurring liability or damages to the Supplier
thereof.
9. Assignment; Delegation. The Supplier shall not assign this Agreement nor delegate
any duties hereunder without the prior written consent of the City.
10. Insurance. The Supplier shall at all times during the term of this Agreement maintain
all insurance required in accordance with the Bid Document, which is by this reference
incorporated herein as if set forth in full. All insurance requirements shall be satisfied prior to or
upon execution of this Agreement by the City.
11. Applicable Law; Venue. This Agreement shall be subject to, and the Supplier shall
at all times comply with, all applicable federal, State and local laws, regulations, rules and
provisions of the Charter, Municipal Code and ordinances of the City of Port Townsend. Venue
for any action hereunder shall be in Jefferson County.
12. Termination. This Agreement can be terminated by either party upon default in
performance of the other party, if such default is not cured within 10 days of notice thereof, and
upon notification of intent to terminate this Agreement in writing 30 days prior to the date of
termination. In case of default, the non-defaulting party shall have any and all remediesavailable
to it in law or equity.
13. Notices. Any notice required by thisAgreement may be delivered personally or
mailed, certified with return receipt requested. If mailed, notice shall be deemed given upon the
first business date after the date of postmark. Notices shall be delivered or mailed to the
following:
To the City To the Supplier
City of Port Townsend _____________________________
250 Madison St #2R _____________________________
Port Townsend, WA 98368 _____________________________
CHLORINE PRODUCTS
14. Price Changes
Price Increases Commodity: Any price increase requests must be in writing and approved by
the City PurchasingManager. Vendors shall be allowed to adjust prices, provided proof of
manufacturer's price increase can be furnished to the City. If approved, the price increase shall take
effect thirty (30) days from the date notification was received by the City.
Price Increases Delivery: Any price increase requests must be in writing and approved by the
City Purchasing Manager. Vendors shall be allowed to adjust prices, provided proof of fuel price
increases can be furnished to the City. If approved, the price increase shall take effect thirty (30)
days from the date notification was received by the City.
Decreases in Price. If during the period of this Agreement, the Supplier's supplier shall
offer and sell to the Supplier material of equal quality under substantially the same terms and
conditions at a price resulting in a lower delivered cost to the Supplier than the delivered cost the
Supplier is paying upon commencement of this Agreement or upon which the Supplier's bid
proposal is based, then the Supplier shall advise the City in writing of such decrease in price and
the Supplier shall either adjust its price hereunder to meet such lower delivery cost or permit the
City to purchase its requirements elsewhere throughout the period for which the Supplier may be
able to contract or the same at prices resulting in such lowered delivered costs.
15. Indemnity and Hold Harmless. The Supplier shall defend, indemnify and hold the
City, its officers, officials, employees and volunteers harmless from any and all claims, injuries,
damages, losses or suites including attorney fees, arising out of or in connection with the
performance of this Agreement, except for injuries and damages caused by the sole negligence of
the City.
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 Supplier and
the City, its officers, officials, employees, and volunteers, the Supplier's liability hereunder shall
be only to the extent of the Supplier's negligence. It is further specifically and expressly
understood that the indemnification provided herein constitutes the Supplier'swaiver of
immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of this
section shall survive the expiration or termination of this Agreement.
16. Independent Contractor. For all purposes, the Supplier shall be deemed an
independent contractor and shall not be deemed an employee of the City.
17. Waiver. Waiver by the City of any breach of any term or condition of this
Agreement shall not be construed as a waiver of any other breach.
18. Attorneys' Fees. In the event any action is brought by either party to enforce the
terms of this Agreement or for breach of this Agreement by the other party, the parties agree that
the non-prevailing party shall pay to the prevailing party reasonable attorneys' fees and costs and
disbursements incurred by such party.
19. Entire Agreement. This Agreement, together with all Bid Documents referred to
herein, constitutes the entire contract for sale and purchase between the parties hereto.
CHLORINE PRODUCTS
20. Binding Effect. This Agreement shall be binding upon the parties, the heirs, personal
representatives, successors and assigns.
21. Modification. No modification of this Agreement shall be of any force or effect unless in writing
signed by the parties.
22. Severability. If any provision of thisAgreement is held invalid, the remainder shall not be affected
therebyif such remainder would then continue to conform to the terms andrequirements of applicable law, and
shall continue in full force and effect.
23. Option to Extend Contract. The City reserves the right to extend the Contract for one additional
year if mutually agreeable by both parties.
IN WITNESS WHEREOF, the parties have caused thisAgreement to be duly executed as of the day and
year first written above.
CITY OF PORT TOWNSEND
By
Title
SUPPLIER
By
Title
APPROVED AS TO FORM
Attorney for Owner
** * * * *
CHLORINE PRODUCTS
EXHIBIT E
INSURANCE REQUIREMENTS FOR SUPPLIERS
Supplier shall procure and maintain for the duration of the agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the work
hereunder by the Supplier, his agents, representatives, employees or subcontractors. The cost of such insurance
shall be included in the Supplier's bid.
The Supplier shall procureand maintain for the duration of the Agreement, insurance against claims for injuries
to persons or damage to property which may arise from or in connection with the performance of the work
hereunder by the Supplier, their agents, representatives, employees or subcontractors.
The Supplier shall provide a Certificate of Insurance evidencing:
1.Automobile Liabilityinsurance with limits no less than $1,000,000 combined single limit per accident
for bodily injury and property damage; and,
2. Commercial General Liability insurance written on an occurrence basis with limits no less than
$1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury
and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed
operations; broad form property damage; explosion, collapse and underground (XCU) if applicable; and
employer's liability.
Any payment of deductible or self-insured retention shall be the sole responsibility of the Supplier.
The City shall be named as an additional insured on the Commercial General Liability insurance policy, as
respects work performed by or on behalf of the Supplier and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies.
The Supplier's insurance shall contain a clause stating that coverage shall apply separately to each insured
against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability.
The Supplier's insurance shall be primary insurance as respect the City and the City shall be given thirty (30)
days prior written notice by certified mail of any cancellation, suspension or material change in coverage.
Verification of Coverage
Supplier shall furnish the City with certificates of insurance, original endorsements and a workers' compensation
status letter effecting coverage required by this clause. The certificates and endorsements for each insurance
policy are tobe signed by a person authorized by the insurerto bind coverage on its behalf. All certificates,
letters and endorsements are to be received and approved by the City before work commences. The City
reserves the right to require complete, certified copies of all required insurance policies, at any time.
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CHLORINE PRODUCTSAGREEMENT