1-6550-2025 - Ferric Chloride RFP.pdf

City of Erie Pennsylvania

Request for Proposal

City of Erie

Ferric Chloride

#6550 – 2025

Due: Monday, November 3, 2025

At 2:00 pm.

Proposal from:

Bureau of Sewers

DEPARTMENT OF PUBLIC WORKS

TECHNICAL QUESTIONS

Basil Ronzitti Bureau Chief City of Erie, Bureau of Sewers 68 Port Access Road Erie, PA 16507-2202 Phone: 814-870-1364 Fax: 814-454-4737

PROCEDURAL QUESTIONS

Jeanne Ardillo Purchasing Manager City of Erie, 626 State St – Room 305 Erie, PA 16501 Phone: 814-870-1282 Fax: 814-870-1468 PurchasingDepartment@erie.pa.us@erie.pa.us bronzitti@erie.pa.us

Joseph Schember, Mayor mailto:jardillo@erie.pa.us mailto:bronzitti@erie.pa.us

GENERAL BIDDING REQUIREMENTS

1. All bids must be made online via the PennBid Program. No bid will be considered unless the Proposal Form and non-collusion affidavit are properly signed.

2. The City reserves the right to reject all bids, and to waive defects in the form of the bid, also to select the bid which best meets the requirements of the City.

3. Each proposal must be accompanied by a bid bond sent in the form of a Corporate Surety

Bond, Certified Check, Certificate of Deposit, or Cashier’s Check in the sum of five thousand dollars ($5,000.00). Cash, personal or corporate checks are not acceptable.

NOT REQUIRED FOR THIS BID.

4. The City of Erie will not waive or permit any type of bonding etc., to be submitted after the bid opening. Failure to submit proper bonding with bid documents will result in immediate rejection of bid. All Bids will be firm for sixty (60) days from date of bid opening. All bids will be firm for one (1) year from date of signing of Contract, unless otherwise specified. NOT REQUIRED FOR THIS BID

5. Any discounts or terms must be shown on the proposal form. Such discounts, if any, will be computed and considered in tabulating of the bids.

6. All bids shall be submitted by the time and date mentioned in the "LEGAL NOTICE" and online via the PennBid Program.

7. The City is not liable for non-receipt of bids sent by ordinary mail, nor if delivered in person to any other City employee or Office other than the City Purchasing Office. Late deliveries of bids will not be considered.

8. The City of Erie is not subject to the Pennsylvania Sales Tax, nor to most Federal Excise

Taxes on all sales made directly to the city and neither should be included in bid price.

Tax exemption certificates will be furnished and signed by the City Purchasing

Department.

9. Tangible personal property purchased by Contractors in the performance of realty construction for the City of Erie is taxable, even though the City is exempt on its own purchases.

10. The City reserves the right to make multiple awards. In case of two or more identical bids tying as low bid, the City of Erie reserves the right to select in its own discretion from among such identical bidders.

11. Any transportation, fees and/or any other related charges incurred in pick up, delivery, and/or processing of the product, as specified, must be included in the bid price for the duration of the contract.

12. The successful bidder shall have and maintain, at its own expense all licenses, registrations, permits and authorization necessary for the receiving, delivery, processing and disposal of the specified service for the awarded contract period. The successful bidder shall also pay all fees and charges incurred in maintaining its licenses, registrations, permits and authorizations necessary to conduct its business including all additional fees and charges imposed during the awarded contract period.

13. Successful bidder shall pay all federal, state, city and local taxes, fines, penalties, fees and assessments arising pursuant to the contract and shall adhere to all requirements of the constituted public authorities and with all federal, state and local laws and ordinance and the applicable rules, regulations, methods and procedures of all governmental boards, bureaus, offices, commissions and other agencies now or hereafter in effect.

14. Payment will be made by the city within thirty (30) days of receipt and acceptance, by the

City, of delivery of COMPLETE ORDERS OF BID ITEMS or receipt of invoice for same, whichever is received the later.

15. The successful bidder at its own cost and expense, shall obtain and maintain in full force insurance coverage which will satisfactorily insure the bidder and the City of Erie against all claims and liabilities which could arise out of the contract including, but not limited to, claims and liabilities for the injury (including death) or damage to persons and property which could arise during the duration of the awarded contract. The City of Erie will be named as additional insured and policy co-holder.

16. Bidder will be required to submit evidence satisfactory to the City Purchasing Agent that the various bonds and insurance, as outlined in these documents, have been obtained.

Such evidence will be required within ten (10) days of the awarding of the contract.

Failure to submit said evidence shall be deemed to be a material breach of the contract.

17. Any business entering a contract for goods or services with the City of Erie shall:

a. Implement an employment nondiscrimination policy prohibiting discrimination in hiring, discharging, promoting or demoting, matters of compensation, or any other employment-related decision or benefit on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status.

b. Not discriminate in the performance of the contract on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status.

c. Comply with all applicable ordinances, statutes and regulations of the City of Erie, Commonwealth of Pennsylvania or Federal Government relating to Equal

Employment Opportunity.

18. All bidders must comply with all regulations as documented by Pennsylvania Statutes, Title 73 Trade and Commerce regarding Chapter 25, Steel Products Procurement Act

#1881 to 1887.

19. All bidders must comply with all regulations as documented by Pennsylvania Statutes, Title 73 Trade and Commerce regarding Chapter 25A, Motor Vehicle Procurement Act

#1891 to 1898.

20. PA ACT 127-2012 Public Works Verification. PA Act 127-2012 generally requires that, as a precondition to contracting for public work, contractors are to submit an E-Verify form to the public body. The E-Verify form verifies that each employee of the contractor and their subcontractors has been cleared through the United States Department of

Homeland Security’s E-Verify program, verifying that the employee is eligible to work in the United States of America. The regulations also require that new employees hired by the contractor or subcontractor during a public works contract must be verified within five business days of start date, regardless of whether the employee will be “working onsite or offsite of a public work or otherwise.” 4 Pa. Code .66.5. The Pennsylvania

Department of General Services has made the E-Verify form as well as regulatory guidelines available on its website (see below). A copy of the form is included in this document.

21. The City of Erie reserves the right to terminate this contract for any reason with thirty

(30) days written notices to the contract holder.

22. PLEASE SUBMIT BID DOCUMENT IN ITS ENTIRETY. All procedural and technical questions shall be submitted in writing via PennBid’s “Questions” Tab.

23. Brand names, specific companies, manufacturing concerns, contact names, etc., that may be referred to in these specifications are to be considered as references only, bidders can utilize any source at their disposal to obtain information for their bids.

24. All errors in calculations shall be corrected and the City of Erie shall deem the corrected totals official.

25. The successful bidder shall pay all applicable royalties and licenses fees. The Successful bidder warrants that the sale or use of products and/or services shall not infringe on any

United States or foreign patent. The successful bidder undertakes to indemnify the City of

Erie against all judgments, decrees, costs and expenses, including attorney’s fees, resulting from any alleged infringement and to defend, upon request of the City of Erie, at its own expense, any action which may be brought against the City of Erie under any claim of patent infringement in the use or sale of the successful bidder’s products and/or services.

26. If any provisions of the contract are found to be illegal or unenforceable, then, notwithstanding such provision, the contract remains in full force and effect, and such offensive provision shall be deemed stricken.

27. The awarded contract shall be governed by the laws of the Commonwealth of

Pennsylvania.

28. Successful bidder shall be current for all City of Erie taxes, fines, and assessments.

29. Terms of Contract – The contract shall commence upon issuance of Notice to Proceed and shall end upon completion of the work.

BUREAU OF SEWERS

WASTEWATER TREATMENT PLANT

Ferric Chloride Specifications

Furnish approximately One Thousand Two Hundred (1200) tons of Ferric Chloride in an aqueous solution to the Wastewater Treatment Plant.

The chemical composition of the aqueous solution of Ferric Chloride is as specified below:

Product Specification

Appearance Dark Brown Liquid

FeCl3 37 – 42%

Fe (III) 12.7 – 14.5%

Fe (II) < 0.5%

Specific Gravity (25°C) 1.38 – 1.45

Typical Analysis pH (25°C) < one

Free HCL < 1%

Freezing Point -25°C / -15°F

The concentration of ferric chloride solution shall be adjusted to the prevailing atmospheric temperature at the time of shipment to prevent crystallization.

The awarding of bids shall be based on truckload deliveries and will include freight charges

F.O.B. Erie Wastewater Treatment Plant as evaluated below under "Evaluation of Bids."

Payment shall be made to the supplier based on the actual weight of ferric chloride received, plus freight charges on the weight of ferric chloride solution received.

The supplier shall prepay freight and add it to the invoice.

Shipping & Delivery

Delivery shall be made in tank truck quantities and be delivered within seventy-two (72) hours after notice. The successful bidder shall supply their own transfer pump and hose to transfer the ferric chloride solution to an outside storage tank at the Erie Wastewater Treatment Plant, 68

Port Access Road, Erie, Pennsylvania, 16507-2202.

The ferric chloride solution should be weighed directly before and after delivery to the

Wastewater Treatment Plant, and the weight slips should be sent with the invoice.

Defective Delivery Equipment

The City of Erie will not be liable for defective or unsatisfactory equipment that would prevent or delay the transfer of the solution.

Evaluation of Bids

The following formulas shall compare quotations and should be filled in by the vendor (calculations based on concentrations as specified):

One. Price per ton of Ferric Chloride delivered to the City of Erie

Wastewater Treatment Plant. $______________

Ton

Bids shall be based on five thousand (5,000) gallon tank truck deliveries. The bidder shall compile a list of plants where facilities were put into operation using the FECL3 supplied by the bidder for phosphate removal. The City of Erie shall accept any bids that best meet its requirements.

Term of Contract

The term of the Contract shall be three (3) years, with an option for a fourth year at the discretion of the contractor and subject to approval by the City of Erie. The contractor shall notify the City of Erie, in writing, at least sixty (60) calendar days prior to the expiration of the current Contract if it intends to extend for the fourth year. No price increases will be accepted.

PROPOSAL

_______________, 2025

City Council of the

City of Erie, Pennsylvania

We, the undersigned, propose to supply and deliver the specified amount of ferric chloride as detailed below, in accordance with the specifications, general terms, conditions, and qualifications established by the City of Erie, for the price listed.

The bid price will be valid for a three-year period starting January 1, 2026, and ending

December 31, 2028, with an option for a fourth year at the contractor's discretion and subject to approval by the City of Erie, as outlined in the Term of Contract above.

Name of bidder _______________________________________________________

Address _______________________________________________________

Contact/Phone no. ______________________________________________________

Approx. Annual Qty. Description Unit price per ton

1200 Tons, Total Ferric Chloride $__________

In 5,000-Gallon Tank Trucks

Delivered F.O.B. to the

Wastewater Treatment Plant

Terms shall be net 30 days unless otherwise specified below.

Terms _______________________________

PROPOSAL

The product to be furnished by us is hereby declared and guaranteed to be in conformance with the specifications of the City of Erie.

Bid proposals are to include a Material Safety Data Sheet (MSDS) and product data sheet.

The undersigned do agree, should this proposal be accepted, to execute the form of

Contract (and bonds, if demanded), and present the same to the City Purchasing

Department within ten (10) days after being notified of the awarding of the Contract.

The undersigned do further agree that failure to execute and deliver said forms of

Contract within ten (10) days will result in damages to the City of Erie and, as guarantee of the payment of the same, a bond with corporate surety, certified check, certificate of deposit, or cashiers check is enclosed, accompanying this proposal, in the amount of at least ten % (10%) of the total amount of the bid and the same may be collected upon such failure, on account of such damages, which is hereby agreed shall be no less than the amount of said bond, check, or deposit.

Nothing herein shall be construed to limit the right of the City of Erie to collect additional damages upon proof by the City of greater damages by failure to execute and deliver such

Contract. The undersigned do hereby expressly waive any right at law or in equity to any accounting from the City of Erie of particular items or elements of such damages and also, to demand or claim upon such bond, certified check, certificate of deposit, cashiers check, or any part thereto and agree that no action by the City Council by resolution or otherwise shall be necessary to enable City Council to retain the amount of proceeds of said deposits.

The Purchasing Department of the City of Erie has the exclusive right to retain all surety bonds, certified checks, certificates of deposit, cashier’s checks, or cash as penalty in the event of failure to deliver stated goods and/or services in the time allocated per the bid and the purchase order.

Please note that a signed contract shall not be considered an official legal document of order by the City Purchasing Department unless it is accompanied by a signed purchase order or other form of authorization issued by the City Purchasing Department.

IN WITNESS WHEREOF, WE HAVE HEREUNTO SUBSCRIBED OUR NAMES ON

THIS _________ DAY OF _________________, ____________ IN THE CITY OF

BIDDERS FIRM NAME OR TRADE NAME

ADDRESS

CITY, STATE AND ZIP CODE

AREA CODE – BUSINESS PHONE NUMBER

AREA CODE – FAX NUMBER

BY – WRITTEN SIGNATURE

TITLE

WITNESS: __________________________________

(WRITTEN SIGNATURE)

NON-COLLUSION AFFIDAVIT

I , the _____________________________

(NAME) (TITLE)

OF , certify and make this affidavit

(VENDOR, COMPANY, AGENCY)

on behalf of my company agency, or brokerage and its owners, directors, and officers that I am the person responsible for the pricing quoted in this bid for the City of Erie to which this affidavit forms a part.

I, by my signature on this form, certify that:

1. That the pricing reflected in this bid has been independently developed without outside influence, communication, or collusion from any other bidder, potential bidder, or disqualified bidder.

2. That the pricing included in this bid has not been disclosed to or discussed with any other bidder, potential bidder, or disqualified bidder.

3. That no influence, extortion, or collusion has been used to restrain or prevent any person, firm, company, or organization from participating in or responding to this request for bid by the City of Erie.

4. That this bid is being made free and clear of any collusive activity or inducement to submit this as a non-competitive bid for complementary bidding to make another bid appear to be the lowest.

I understand that by signing this form, the above representations are material to, form a part of, and will be relied upon in the awarding of a contract by the City of Erie for which this bid is being submitted. I further understand that fraudulent concealment of the facts pertinent to the submission of this affidavit shall subject such vendor, company, or agency to penalties of law and permanent banning of bidding, subcontracting, or providing all current and future materials, equipment, services, or projects required by the City of Erie.

VERIFICATION

I, ______________________________, hereby state that the facts contained in the within the foregoing Non-Collusion Affidavit are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa.

C. S. A. Section 4904 relating to unsworn falsification to authorities.

By: _________________________________ Dated: ______________________

COMMONWEALTH OF PENNSYLVANIA

PUBLIC WORKS EMPLOYMENT VERIFICATION

FORM

Date __________________

Business or Organization Name (Employer) ____________________________________________

Address ________________________________________________________________________

City _____________________________________ State __________ Zip Code _______________

Contractor Subcontractor (check one)

Contracting Public Body ___________________________________________________________

Contract/Project No _______________________________________________________________

Project Description ________________________________________________________________

Project Location __________________________________________________________________

As a contractor/subcontractor for the above referenced public works contract, I hereby affirm that as of the above date, our company is in compliance with the Public Works Employment Verification Act ('the

Act') through utilization of the federal E-Verify Program (EVP) operated by the United States Department of Homeland Security. To the best of my/our knowledge, all employees hired post January 1, 2013 are authorized to work in the United States.

It is also agreed that all public works contractors/subcontractors will utilize the federal EVP to verify the employment eligibility of each new hire within five (5) business days of the employee start date throughout the duration of the public works contract. Documentation confirming the use of the federal

EVP upon each new hire shall be maintained in the event of an investigation or audit.

I, ___________________, authorized representative of the company above, attest that the information contained in this verification form is true and correct and understand that the submission of false or misleading information in connection with the above verification shall be subject to sanctions provided by law.

Authorized Representative Signature