IFB+325-25-990-012+(Revised).docx
DOCX document 84 KB Posted
- Attached to
- Boiler and Cooling Water Treatment Program
- Solicitation number
- 325-25-990-012
- Issued by
- Williams County, North Dakota
About this file
The document is an Invitation for Bid (IFB) 325-25-990-012 issued by the North Dakota Department of Health and Human Services' Life Skills and Transition Center (LSTC) in Grafton, North Dakota, soliciting bids for a comprehensive Powerhouse Water Treatment Program. The procurement covers Boiler Water Treatment, Cooling Water Treatment, and Reverse Osmosis System chemical treatments, utilizing existing liquid chemical feed systems, piping, and testing equipment. A mandatory on-site walk-through is scheduled for March 24, 2025, at 10:00am CT, where potential bidders will tour the facility and collect water samples. The contract term is two years, from July 1, 2025, through June 30, 2027, with options for two additional 24-month renewals. The successful bidder will provide daily chemical treatments for boiler systems (oxygen scavenger, internal treatment, condensate treatment) and cooling tower systems (scale/corrosion inhibitor, oxidizing and non-oxidizing biocides), along with quarterly on-site services, regular visits, semi-annual meetings, and comprehensive water chemistry training.
The bid will be awarded to the lowest-cost bidder meeting all specifications, with evaluation based on comprehensive water treatment capabilities. The current incumbent vendor is NALCO, and the facility operates two boilers and two cooling towers on a 24/7 basis with an annual steam production averaging 43,800,000 lbs/stm. The successful bidder must maintain a laboratory with specific analytical equipment, including an atomic absorption spectrophotometer, X-ray fluorescence spectrophotometer, and X-ray diffractometer. The chemical treatment cost will be calculated based on an average daily steam flow of 120,000 lbs/stm and 2,000 gallons of make-up water. Bidders must demonstrate technical expertise in water treatment chemistry, operational capabilities, and the ability to integrate with existing facility infrastructure, with the ability to deliver products to the LSTC campus throughout the contract term regardless of outside temperatures.
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| Solicitation+Amendment+1.docx | DOCX document | |
| IFB+325-25-990-012+(final).docx | DOCX document |
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Text version
SECTION 5
BID RESPONSE FORM (REVISED)
SPECIFICATIONS
The Life Skills & Transition Center (LSTC) is soliciting bids for the Powerhouse Water Treatment Program which includes the Boiler Water Treatment Program, Cooling Water Treatment Program, and Reverse Osmosis System utilizing existing liquid chemical feed pumping systems, piping, injection points, and water residual testing equipment. Attachment A, found on page 17, outlines the details of the bid specifications and operating conditions. The current LSTC Powerhouse Water Treatment Program utilizes chemical product in a liquid form. Attachments B, C, and D provide the current operating conditions of the boiler, cooling, and reverse osmosis system.
Chemicals needed for boiler water treatment metal tote chemical feeding system (Bid Items 1-3):
· Oxygen scavenger
· Boiler water internal treatment
· Condensate treatment
Chemicals needed for boiler water PH Booster treatment (Bid Item 4)
· PH booster
Chemicals needed for cooling tower metal tote chemical feeding system (Bid Items 5-7):
· Scale/corrosion inhibitor – liquid
· Oxidizing biocide – liquid
· Non-oxidizing biocide – liquid
Chemicals needed for reverse osmosis system (Bid Items 8-9):
· Antiscalant - liquid
· Permacare (oxygen scavenger) - liquid
There will be a mandatory on-site walk through held on March 24, 2025, at 10:00am CT where potential bidders will be toured through the plant, building mechanical rooms, absorber chiller rooms, gather water samples, etc. This is to facilitate that each bidder submitting a Bid Response has an understanding of the facility’s systems and can recommend the best treatment program to properly treat all systems for the prevention of corrosion and/or equipment failure.
The successful bidder will be required to furnish two copies of catalogs, replacement data books, price lists, and complete water treatment manuals at the site. Manuals will be reviewed for content annually or as needed. Upon contract commencement and annually thereafter, training seminars will be held on-site at LSTC for operating personnel in basic water chemistry relevant to the use, application, and control of recommended water treatment programs. These training opportunities shall include, but not be limited to: basic water chemistry, purpose of each product, handling and feeding information, testing procedures, equipment lay-up procedures, chemical adjustments, handling and operational problem solving, and Material Safety Data Sheet (MSDS) review and explanations. Length of training will depend on amount of information needing to be discussed and participant’s questions.
Service is an essential part of any effective water treatment program and is an integral part of the total water management program for LSTC. The service program shall include: training, intensified services during start-up, regular service on a quarterly basis, technical (testing and adjusting chemical amounts accordingly) and laboratory support (testing water samples) with support and special services to deal with unusual problems or situations. It is the expectation that the water treatment programs shall include and support these goals:
1. Boiler operators and plumbers shall understand the purpose and use of the water treatment products and their contribution to the program.
2. Recognition and correction of potential water-related issues before they become water related problems.
3. Designated plant staff shall be aware of the effectiveness of the water treatment program.
4. Service visits by qualified service representatives shall occur regularly and must be performed at a minimum of once every six weeks. During these visits, the service representatives shall:
· Review daily facility test records since previous visit/service call;
· Review progress of current treatment program;
· Discuss in depth any operating or water-related questions or problems since previous site visit/service call;
· Inspect any open water handling equipment, boilers, absorption chillers, etc.;
· Run on-the-spot water analysis of pertinent samples from all treated systems;
· Submit a complete written report of all findings and recommendations to agency contact or designee;
· Submit water or deposit samples to company-operated research and development laboratory if any unusual conditions are discovered during on-site service visits;
· Check inventory and calculate a material balance to insure proper dosing of all treatment systems;
· Pull condensate samples from individual building as identified by agency contact or designee to ensure proper treatment of system;
· Review operating parameters for critical equipment; and
· Work on special projects to improve water treatment as they arise.
5. Meet with designated plant staff semi-annually to review progress and identify areas of improvement. During these meetings, the expectation will be to review service representative visits, control and operating results, effectiveness and economy of current water treatment programs, conservation of water and energy, satisfaction of access to laboratory facilities and technical support, current industry trends, advancement techniques, and technology in water treatment programs available. Failure to meet technical service expectation can/will be grounds for termination of contract. Successful bidder will be expended to assist in establishing a project list for each system which contains special items which are accomplished by plant personnel and/or the awarded bidder. This project list will be reviewed and updated at the semi-annual meetings.
In order for a Bid Response to be considered responsive, the Bid Response must include the following information:
1. Offeror’s submitting bids will do so in one form of product packaging and supplying: Boiler/Chiller chemical treatment metal tote delivery and feeding system.
2. A Bid Response Form completed in its entirety.
3. A list of five current accounts similar to the size of LSTC, including the name and telephone number of the contact person for each account.
4. The name of the proposed service representative with documentation of his/her education and experience servicing accounts.
5. Material Safety Data Sheets for each chemical.
· Copies of all analysis reports.
Delivery Address: Life Skills &Transition Center, 816 W Midway Dr., Grafton, ND 58237
Delivery Date Time Required: July 1, 2025, through June 30, 2027
Billing Address: Same as Delivery Address
| ITEM NO. |
| UNIT |
UNIT PRICE
BOILER WATER TREATMENT METAL TOTE CHEMICAL FEEDING SYSTEM
| 1 |
| Day |
| Oxygen scavenger |
Daily cost per average stm/fl. (120,000) and make-up gal. (2,000).
Product name/number:
| Recommended boiler water residual: |
| ______________PPM |
| Cost per pound of product: |
| $_____________/LB |
| 2 |
| Day |
| Boiler water internal treatment |
Daily cost per average stm/fl. (120,000) and make-up gal. (2,000).
Product name/number:
| Recommended boiler water residual: |
| ______________PPM |
| Cost per pound of product: |
| $_____________/LB |
| 3 |
| Day |
| Condensate treatment |
Daily cost per average stm/fl. (120,000) and make-up gal. (2,000).
Product name/number:
| Recommended boiler water residual: |
| ______________PPM |
| Cost per pound of product: |
| $_____________/LB |
BOILER WATER TREATMENT PH BOOSTER
| 4 |
| Day |
| PH Booster Treatment |
Daily cost per average stm/fl. (120,000) and make-up gal. (2,000)
Product name/number:
| Recommended boiler water residual: |
| ______________PPM |
| Cost per pound of product: |
| $_____________/LB |
COOLING TOWER METAL TOTE CHEMICAL FEEDING SYSTEM
| 5 |
| Day |
| Scale/corrosion inhibitor – liquid |
Daily Cost per average make-up gal. (2,000).
Product name/number:
| Recommended cooling tower residual: |
| ______________PPM |
| Cost per pound of product: |
| $_____________/LB |
| 6 |
| Day |
| Oxidizing biocide – liquid |
Daily Cost per average make-up gal. (2,000).
Product name/number:
| Recommended cooling tower residual: |
| ______________PPM |
| Cost per pound of product: |
| $_____________/LB |
| 7 |
| Day |
| Non-oxidizing biocide – liquid |
Daily Cost per average make-up gal. (2,000).
Product name/number:
| Recommended cooling tower residual: |
| ______________PPM |
| Cost per pound of product: |
| $_____________/LB |
REVERSE OSMOSIS CHEMICAL FEEDING SYSTEM
| 8 |
| Day |
| Antiscalant - liquid |
Daily Cost per average make-up gal. (2,000).
Product name/number:
| Recommended reverse osmosis residual: |
| ______________PPM |
| Cost per pound of product: |
| $_____________/LB |
| 9 |
| Day |
| Permacare (oxygen scavenger) – liquid |
Daily Cost per average make-up gal. (2,000)
Product name/number:
| Recommended reverse osmosis residual: |
| ______________PPM |
| Cost per pound of product: |
| $_____________/LB |
Average Daily Cost for Bid Items 1-9
Bid Item 1 + Bid Item 2 + Bid Item 3 + Bid Item 4 + Bid Item 5 + Bid Item 6 + Bid Item 7 + Bid Item 8 + Bid Item 9
Bid determination will be awarded to the bidder with the lowest average daily cost for Bid Items 1-9.
Pricing for Service Bidder agrees to provide the following services for the price listed below.
| 10 |
| Each |
| Quarterly Services |
| $ |
| 11 |
| Each |
| Service visits - must be performed at a minimum of once every six weeks. |
| $ |
| 12 |
| Each |
| Semi-annual meeting |
| $ |
| Affirm your ability to meet the delivery due date (July 1, 2025, through June 30, 2027). |
| YES NO |
Bidder Prompt Payment Discount, if applicable:
(Discounts not considered in evaluating prices.)
Service Provider: The CONTRACTOR must provide a dedicated service provider to support for this contract. During the contract term, the CONTRACTOR shall notify the Procurement Officer if CONTRACTOR’s service provider changes.
Sales Representative: The CONTRACTOR must provide a dedicated sales representative to provide support for this contract. The sales representative will be required periodically visit ordering agencies to provide information regarding products available under the contract and assistance with order placement. During the contract term, the CONTRACTOR shall notify the Procurement Officer if the CONTRACTOR’s sales representative changes.
Service Provider/ Sales Representative Name:
Address:
City & State & ZIP
Phone Number:
Cell Phone Number:
Toll Free Number:
E-Mail Address:
Fax Number:
BIDDER INFORMATION AND SIGNATURE
By submitting a Bid Response, the Bidder agrees to sell, furnish, and deliver to the STATE all commodities and services contained in this Invitation for Bid for which a contract is awarded by the STATE. The Bidder shall fully perform the contract in accordance with all the specifications, requirements, terms, and conditions, and shall comply with all applicable provisions of the North Dakota Century Code, including chapters 54-44.4, 46-02, and 44-08, and North Dakota Administrative Code Chapter 4-12, made part of the Invitation for Bid and resultant contract by reference.
Written acceptance of the Bid Response by the STATE constitutes a binding contract made and entered into by and between the State of North Dakota, acting through the Purchasing Agency, and the Bidder named below. Written acceptance may be made by execution of a contract, purchase order, or order using a state purchasing card.
NOTICE. All notices or other communications required under this Contract must be given by registered or certified mail and are complete on the date postmarked when addressed to the parties identified herein. Notice provided under this provision does not meet the notice requirements for monetary claims against the STATE found at N.D.C.C. § 3212.204.
Bidder/Contractor Name:
Contractor Federal Employer Identification Number (FEIN)
Bidder Street Address/ P.O. Box:
City, State ZIP:
Contact Name:
Contact Title:
Telephone Number:
Email:
Authorized Representative Signature:
Date:
STATE OF NORTH DAKOTA
BID ACCEPTANCE AND CONTRACT AWARD
The parties to this contract (Contract) are the state of North Dakota, acting through the Purchasing Agency (STATE), and the above-named Bidder (CONTRACTOR). This Contract is not effective until fully executed by both parties. If no start date is specified in the Term of Contract, the most recent date of signatures of the parties shall be deemed the Effective Date.
NOTICE. All notices or other communications required under this Contract must be given by registered or certified mail and are complete on the date postmarked when addressed to the parties identified herein. Notice provided under this provision does not meet the notice requirements for monetary claims against the STATE found at N.D.C.C. § 3212.204.
Acting through its Purchasing Agency:
BY: (Signature)
Printed Name:
Title:
Date:
SECTION 6
CONTRACT TERMS AND CONDITIONS (REVISED)
The state of North Dakota, acting through its North Dakota Department of Health and Human Services, Life Skills and Transition Center (State), has determined the services identified in the Scope of Service paragraph below should be purchased.
{Vendor} (Vendor), {Address}, {City}, {State} {Zip}, proposes to provide those services.
State and Vendor therefore enter into the following:
1. TERM OF THE AGREEMENT
This Agreement runs from July 1, 2025, through June 30, 2027.
1. No Automatic Renewal
This Agreement will not automatically renew.
b. Renewal Option
State may renew this Agreement upon satisfactory completion of the initial Agreement term. State reserves the right to execute up to two options to renew this Agreement under the same terms and conditions for a period of 24 months each. State and Vendor may negotiate the daily costs at each renewal option.
2. SCOPE OF SERVICE
Vendor shall provide the Powerhouse Water Treatment Program which includes the Boiler Water Treatment Program, Cooling Water Treatment Program, and Reverse Osmosis System treatment as outlined in State’s Invitation for Bid (IFB) number 325-25-990-012, dated March 13, 2025, and Vendor’s proposal, dated ______________, which are both made a part of this Agreement by their reference here.
3. COMPENSATION
State, upon receipt and approval of SFN 1763 Request for Reimbursement or other form required by State, shall pay Vendor the following rates for completing the scope of service:
Daily rate for oxygen scavenger $__________
Daily rate for boiler water internal treatment $__________
Daily rate for condensate treatment $__________
Daily rate for PH Booster $________
Daily rate for scale/corrosion inhibitor – liquid $__________
Daily rate for oxidizing biocide – liquid $__________
Daily rate for non-oxidizing biocide – liquid $__________
Daily rate antiscalant $________
Daily rate permacare (oxygen scavenger) $________ Quarterly service, each $__________
Service visit, $__________
Semi-annual meeting, each $__________
Vendor shall submit its request for reimbursement to State monthly. Vendor shall submit its final payment request to State no later than 30 days after the expiration or termination of this Agreement.
4. TERMINATION
a. Termination by Mutual Agreement or Notice
This Agreement may be terminated at any time by mutual consent of both parties executed in writing, or upon 30-days’ written notice by either party, with or without cause.
b. Early Termination in the Public Interest
State is entering into this Agreement for the purpose of carrying out the public policy of the state of North Dakota, as determined by its Governor, Legislative Assembly, and Courts. If this Agreement ceases to further the public policy of the state of North Dakota, State, in its sole discretion, by written notice to Vendor, may terminate this Agreement in whole or in part.
c. Termination for Lack of Funding or Authority
State may terminate the whole or any part of this Agreement, effective upon delivery of written notice to Vendor or on any later date stated in the notice, under any of the following conditions:
1) If funding from federal, state, or other sources is not obtained and continued at levels sufficient to allow for purchase of the services or supplies in the indicated quantities or term.
2) If federal or state laws or rules are modified or interpreted in a way that the services are no longer allowable or appropriate for purchase under this Agreement or are no longer eligible for the funding proposed for payments authorized by this Agreement.
3) If any license, permit, or certificate required by law or rule, or by the terms of this Agreement, is for any reason denied, revoked, suspended, or not renewed.
Termination of this Agreement under this subsection is without prejudice to any obligations or liabilities of either party already accrued prior to termination.
d. Termination for Cause
State may terminate this Agreement effective upon delivery of written notice to Vendor, or any later date stated in the notice:
1) If Vendor fails to provide services required by this Agreement within the time specified or any extension agreed to by State; or
2) If Vendor fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms.
The rights and remedies of State provided in this section are not exclusive and are in addition to any other rights and remedies provided by law or under this Agreement.
5. NONPERFORMANCE
Failure by Vendor to perform the terms of this Agreement constitutes a breach of contract and will result in the termination of the Agreement. If a breach by Vendor renders the Agreement impossible of performance by Vendor and is caused by circumstances beyond the control of Vendor, and through no fault of Vendor, the Agreement will be terminated and State may set off, against any liability or obligations owed to Vendor under this Agreement or otherwise, any amounts paid for individual items of work which are incomplete at the time of the breach.
6. FORCE MAJEURE
Neither party shall be held responsible for delay or default caused by fire, flood, riot, terrorism, pandemics, acts of God, or war if the event is beyond the party’s reasonable control, and the affected party gives notice to the other party immediately upon occurrence of the event that caused, or is reasonably expected to cause, the delay or default.
7. VENDOR’S UNDERSTANDING OF TERM OF FUNDING
Vendor understands that this Agreement is a one-time agreement, and acknowledges that it has received no assurances that this Agreement may be extended beyond its expiration date.
8. VENDOR ASSURANCES
This Agreement will be construed according to the laws of the state of North Dakota. In connection with furnishing supplies or performing work under this Agreement, persons who contract with or receive funds to provide services to State are obligated and agree to comply with all local, state, and federal laws, regulations, and executive orders related to the performance of this Agreement, including the following: Fair Labor Standards Act, Equal Pay Act of 1963, Titles VI and VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the North Dakota Human Rights Act, the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, the Drug Abuse Prevention, Treatment, and Rehabilitation Act of 1970, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, the Drug-Free Workplace Act of 1988, the Americans with Disabilities Act of 1990, Alcohol, Drug Abuse, and Mental Health Administration Reorganization Act of 1992, the Pro-Children Act of 1994, Title IX of the Education Amendments of 1972, and Section 1557 of the Affordable Care Act.
By signing this Agreement Vendor certifies that neither Vendor, Subcontractor, nor their principals are presently debarred, declared ineligible, or voluntarily excluded from participation in transactions with the state or federal government by any department or agency of the state or federal government.
Vendor must be an approved vendor with the Office of Management and Budget within the state of North Dakota as required by North Dakota Century Code § 54-44.4-09.
9. AUTHORITY TO CONTRACT
Vendor may subcontract with qualified vendors of services, provided that any subcontract acknowledges the binding nature of this Agreement, and incorporates this Agreement, together with its attachments, as appropriate. Vendor is solely responsible for the performance of any subcontractor. Vendor may not contract for or on behalf of or incur obligations on behalf of State. Vendor may not assign or otherwise transfer or delegate any right or duty without State’s express written consent.
10. INDEPENDENT ENTITY
Vendor is an independent entity under this Agreement. Vendor, its employees, agents, or representatives are not employees of State for any purpose, including the application of the Social Security Act, the Fair Labor Standards Act, the Federal Insurance Contribution Act, the Federal Unemployment Act, the North Dakota Unemployment Compensation Law, and the North Dakota Workforce Safety and Insurance Act. No part of this Agreement may be construed to represent the creation of an employer/employee relationship between State and Vendor. Vendor retains sole and absolute discretion in the manner and means of carrying out Vendor’s activities and responsibilities under this Agreement, except to the extent specified in this Agreement.
11. INDEMNITY
Vendor agrees to defend, indemnify, and hold harmless the state of North Dakota, its agencies, officers, and employees (State), from and against claims based on the vicarious liability of the State or its agents, but not against claims based on the State’s contributory negligence, comparative and/or contributory negligence or fault, sole negligence, or intentional misconduct. The legal defense provided by Vendor to the State under this provision must be free of any conflicts of interest, even if retention of separate legal counsel for the State is necessary. Any attorney appointed to represent the State must first qualify as and be appointed by the North Dakota Attorney General as a Special Assistant Attorney General as required under North Dakota Century Code § 54-12-08. Vendor also agrees to reimburse the State for all costs, expenses, and attorneys' fees incurred if the State prevails in an action against Vendor in establishing and litigating the indemnification coverage provided herein. This obligation shall continue after the termination of this Agreement.
12. INSURANCE
a. Vendor shall provide certificate of insurance and any endorsements to State electronically via to:
Name: Kyle J. Nelson Email Address: kylnelson@nd.gov Email Subject Line: Certificate of Insurance - INSERT CONTRACT NUMBER/NAME
b. Vendor shall secure and keep in force during the term of this Agreement and Vendor shall require all subcontractors, prior to commencement of an agreement between Vendor and the subcontractor, to secure and keep in force during the term of this Agreement, from insurance companies, government self-insurance pools, or government self-retention funds, authorized to do business in North Dakota, the following insurance coverages:
| 1) | Commercial general liability, including premises or operations, contractual, and products or completed operations coverages (if applicable), with minimum liability limits of $2,000,000 per occurrence. |
| 2) | Automobile liability, including Owned (if any), Hired, and Non-Owned automobiles, with minimum liability limits of $500,000 per person and $2,000,000 per occurrence. |
| 3) | Workers’ compensation coverage meeting all statutory requirements. The policy shall provide coverage for all states of operation that apply to the performance of this Agreement. |
| 4) | Employer’s liability or “stop gap” insurance of not less than $2,000,000 as an endorsement on the workers compensation or commercial general liability insurance. |
c. The insurance coverages listed above must meet the following additional requirements:
| 1) | Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of Vendor. |
| 2) | This insurance may be in policy or policies of insurance, primary and excess, including the so-called umbrella or catastrophe form and must be placed with insurers rated “A-” or better by A.M. Best Company, Inc., provided any excess policy follows form for coverage. Less than an “A-” rating must be approved by the State. The policies shall be in form and terms approved by the State. |
| 3) | The duty to defend, indemnify, and hold harmless the State under this Agreement shall not be limited by the insurance required in this Agreement. |
| 4) | The state of North Dakota and its agencies, officers, and employees (State) shall be endorsed on the commercial general liability policy on a primary and noncontributory basis, including any excess policies (to the extent applicable), as additional insured. The State shall have all the benefits, rights, and coverages of an additional insured under these policies that shall not be limited to the minimum limits of insurance required by this Agreement or by the contractual indemnity obligations of Vendor. |
| 5) | A “Waiver of Subrogation” waiving any right to recovery the insurance company may have against the State. |
| 6) | Vendor shall furnish a certificate of insurance to the undersigned State representative prior to commencement of this Agreement. All endorsements shall be provided as soon as practicable. |
7) Failure to provide insurance as required in this Agreement is a material breach of contract entitling State to terminate this Agreement immediately.
8) Vendor shall provide at least 30-day notice of any cancellation or material change to the policies or endorsements. Vendor shall provide on an ongoing basis, current certificates of insurance during the term of the Agreement. A renewal certificate will be provided 10 days prior to coverage expiration. An updated, current certificate of insurance shall be provided in the event of any change to a policy.
8.
9.
10.
11.
12.
13. NOTICE
Any notice or other communication required under this Agreement must be given by registered or certified mail and is complete on the date mailed when addressed to the parties at the following addresses:
| {Vendor} | ND Department of Health and | |
| {Address} | OR | Human Services |
| {City}, {State} {Zip} | Life Skills and Transition Center | |
| 816 W Midway Dr. | ||
| Grafton, ND 58237 |
Notice provided under this provision does not meet the notice requirements for monetary claims against State found at North Dakota Century Code § 32-12.2-04.
14. INTEGRATION, MODIFICATION, AND CONFLICT IN DOCUMENTS
This Agreement, including the following documents, constitutes the entire Agreement between Vendor and State. There are no understandings, agreements, or representations, oral or written, not specified within this Agreement. No alteration, amendment, or modification of this Agreement is effective unless it is reduced to writing, signed by the parties, and attached to the Agreement.
Notwithstanding anything herein to the contrary, in the event of any inconsistency or conflict among the documents making up this Agreement, the documents must control in this order of precedence:
| a. | The terms of this Agreement as may be amended; |
| b. | State’s Solicitation Amendment #1 to IFB number 325-25-990-012, dated ________; |
| c. | State’s IFB number 325-25-990-012, dated March 13, 2025; |
| d. | Vendor’s proposal, dated ____________, in response to IFB number 325-25-990-012. |
All terms and conditions contained in any end user agreements (e.g., automated click-throughs, shrink wrap, or browse wrap) are specifically excluded and null and void, and shall not alter the terms of this Agreement. Clicking shall not represent acknowledgement or agreement to any terms or conditions contained in those agreements.
If any inconsistency exists between this Agreement and other provisions of collateral contractual agreements, which are made a part of this Agreement by reference or otherwise, the provisions of this Agreement control.
15. SEVERABILITY
If any term of this Agreement is declared by a court having jurisdiction to be illegal or unenforceable, the validity of the remaining terms will not be affected and, if possible, the rights and obligations of the parties are to be construed and enforced as if the Agreement does not contain the illegal or unenforceable term.
16. APPLICABLE LAW AND VENUE
This Agreement is governed by and construed according to the laws of the state of North Dakota. Any action to enforce this Agreement must be adjudicated exclusively in the state District Court of Burleigh County, North Dakota. Each party consents to the exclusive jurisdiction of such court and waives any claim of lack of jurisdiction or forum non conveniens.
17. ASSIGNMENT
Vendor may not assign this Agreement without State’s express written consent, provided, however, that Vendor may assign its rights and obligations hereunder in the event of a change of control or sale of all or substantially all of its assets related to this Agreement, whether by merger, reorganization, operation of law, or otherwise. Should the assignee be a business or entity with whom State is prohibited from conducting business, State shall have the right to terminate without cause. This Agreement is equally binding on the respective parties and their successors and assigns.
18. SPOLIATION – PRESERVATION OF EVIDENCE
Vendor shall promptly notify State of all potential claims that arise or result from this Agreement. Vendor shall also take all reasonable steps to preserve all physical evidence and information that may be relevant to the circumstances surrounding a potential claim, while maintaining public safety, and grants to State the opportunity to review and inspect the evidence, including the scene of an accident.
19. WORKS FOR HIRE
Vendor acknowledges that all work(s) under this Agreement is "work(s) for hire" within the meaning of the United States Copyright Act (Title 17 United States Code) and hereby assigns to State all rights and interests Vendor may have in the work(s) it prepares under this Agreement, including any right to derivative use of the work(s). All software and related materials developed by Vendor in performance of this Agreement for State shall be the sole property of State, and Vendor hereby assigns and transfers all its right, title, and interest therein to State. Vendor shall execute all necessary documents to enable State to protect State’s intellectual property rights under this section.
20. WORK PRODUCT, EQUIPMENT, AND MATERIALS
All work product, equipment, and materials created for State or purchased by State under this Agreement belong to State and must be delivered to State at State’s request upon expiration or termination of this Agreement.
21. CONFIDENTIAL INFORMATION
Vendor shall not use or disclose any information it receives from State under this Agreement that State has previously identified as confidential or exempt from mandatory public disclosure except as necessary to carry out the purposes of this Agreement or as authorized in advance by State. State shall not disclose any information it receives from Vendor that Vendor has previously identified as confidential and that State determines, in its sole discretion, is protected from mandatory public disclosure under a specific exception to the North Dakota open records law found in North Dakota Century Code chapter 44-04. The duty of State and Vendor to maintain confidentiality of information under this section continues beyond the term of this Agreement, including any extensions or renewals.
22. COMPLIANCE WITH PUBLIC RECORDS LAWS
Vendor understands that, in accordance with this Agreement’s Confidential Information section, State must disclose to the public upon request any records it receives from Vendor. Vendor further understands that any records obtained or generated by Vendor under this Agreement, except for records that are confidential under this Agreement, may, under certain circumstances, be open to the public upon request under certain circumstances under the North Dakota open records law. Vendor agrees to contact State immediately upon receiving a request for information under the open records law and to comply with State’s instructions on how to respond to the request.
23. ATTORNEY FEES
If a lawsuit is filed by State to obtain performance due under this Agreement, and State is the prevailing party, Vendor shall pay State’s reasonable attorney fees and costs in connection with the lawsuit, except when prohibited by North Dakota Century Code § 28-26-04.
24. ALTERNATIVE DISPUTE RESOLUTION – JURY TRIAL
State does not agree to any form of binding arbitration, mediation, or other forms of mandatory alternative dispute resolution. The parties may enforce their rights and remedies in judicial proceedings. State does not waive any right to a jury trial.
25. NONDISCRIMINATION AND COMPLIANCE WITH LAWS
Vendor agrees to comply with all applicable federal and state laws, rules, and policies, including those relating to nondiscrimination, accessibility, and civil rights. (See N.D.C.C. Title 34 – Labor and Employment, specifically N.D.C.C. ch. 34-06.1 Equal Pay for Men and Women.)
Vendor agrees to timely file all required reports, make required payroll deductions, and timely pay all taxes and premiums owed, including sales and use taxes, unemployment compensation, and workers’ compensation premiums. Vendor shall have and keep current all licenses and permits required by law during the term of this Agreement.
Vendor is prohibited from boycotting Israel for the duration of this Agreement. (See N.D.C.C § 54-44.4-15.) Vendor represents that it does not and will not engage in boycotting Israel during the term of this Agreement. If State receives evidence that Vendor boycotts Israel, State shall determine whether the company boycotts Israel. The foregoing does not apply to contracts with a total value of less than $100,000 or if Vendor has fewer than ten full-time employees.
Vendor’s failure to comply with this section may be deemed a material breach by Vendor entitling State to terminate in accordance with the Termination for Cause section of this Agreement.
26. ACCESS TO BOOKS AND RECORDS
Vendor shall provide State, the federal government, and their duly authorized representatives access to the books, documents, papers, and records of Vendor, which are pertinent to the services provided under this Agreement, for the purpose of making an audit or examination, or for making excerpts and transcripts. All records, regardless of physical form, and the accounting practices and procedures of Vendor relevant to this Agreement are subject to examination by the North Dakota State Auditor, the Auditor’s designee, or federal auditors. Vendor shall maintain all of these records for at least three years following completion of this Agreement and be able to provide them at any reasonable time. State, State Auditor, or Auditor’s designee shall provide reasonable notice.
DEFINITION OF TERMS AND ABBREVIATIONS
· AVG, COC - Average cycles of concentration.
· BOTTOM BLOWDOWN - Blowing down boiler utilizing bottom blow down valves.
· CONDENSATE NEUTRALIZER - Neutralizing amine.
· CONDENSATE RETURN FILMER - Filming agent to protect piping.
· CONDUCTIVITY - Specific conductance or Total Dissolved Solids (TDS).
· CONTINOUS BLOWDOWN (SKIMMING) - Continual blow down of boiler, utilizing Madding Orifice Metering equipment.
· F – Fahrenheit.
· FEED WATER - Water injected directly into boiler, usually consists of make-up and return condensate.
· FW - Feed water.
· GAL – Gallon.
· GPM - Gallons per minute.
· LBS/HR – Pounds per hour.
· LBS/STM – pounds per steam
· LSTC - Life Skills & Transition Center, Grafton ND
· MAKE-UP WATER - Water, which is mixed with return condensate to form feed water in boiler systems and/or water used to replace water lost through evaporation, humidification, and blow down, of losses such as leaks.
· MU - Make-up water.
· O2 – Oxygen.
· OXYGEN SCAVANGER - Product to treat feed water in conjunction with deaerator tank to remove oxygen from feed water before entering boiler.
· P-ALKALINITY - Methyl-orange or total alkalinity.
· PPB - Parts per billion.
· PPM - Parts per million.
· PRETREATMENT - Mechanical equipment used to condition raw water/make-up water/feed water before chemical treatment and/or injection into boiler. This type of equipment includes water softeners, Deaerator Tank, make-up tank, etc.
· PSI – Pounds per square inch.
· PSIG – Pounds per square inch gauge.
· RAW WATER - Direct source water from city supply.
· RW - Return water.
· Stm/fl - Steam flow.
· Dearator Tank TH - Total hardness.
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ATTACHMENT A - BID SPECIFICATIONS & OPERATING CONDITIONS (REVISED)
LSTC is accepting bids for the Powerhouse Water Treatment Program which includes the Boiler Water Treatment Program, Cooling Water Treatment Program, and Reverse Osmosis System. There will be a mandatory on-site walk through as established in Section 5 Specifications whereby bidders submitting a Bid Response will be toured through the plant, building mechanical rooms, absorber chiller rooms, gather water samples, etc. This is to facilitate that each bidder submitting a Bid Response has an understanding of the facility’s systems and can recommend the best treatment program to properly treat all systems for the prevention of corrosion and/or equipment failure.
The current LSTC Powerhouse Water Treatment Program utilizes chemical product in a liquid form. All product and chemicals that will be bid must be able to be utilized by LSTC’s existing reverse osmosis chemical treatment feeding system and liquid chemical feed pumping systems, piping, injections points, and water residual testing equipment. Boiler/chiller chemical treatment must utilize a metal tote delivery and feeding system. Reverse osmosis chemical treatment feeding system must utilize a plastic container. Any costs anticipated related to having to make alterations to existing system to utilize products included in bidder’s Bid Response will be the sole financial responsibility of the successful bidder.
The successful bidder on LSTC water treatment programs must operate a laboratory that, at a minimum, includes:
· Atomic absorption spectrophotometer
· X-ray fluorescence spectrophotometer
· X-ray diffractometer
Successful bidder on LSTC water treatment programs must have the ability to deliver their product to the LSTC campus throughout the contract term regardless of the outside temperature. This is to ensure an adequate on hand supply and freshness of the successful bidder’s product for consumption.
Successful bidder on LSTC water treatment programs must have trained personnel on-site to handle and transfer all treatment chemicals during deliveries. Deliveries are made to LSTC at point of use.
Bidder’s product that is submitted for use by LSTC during the bidding process must be equal in quality to the product that is currently utilized. The product submitted for use must match the current results that the LSTC campus is achieving in maintaining corrosion, scale, and bacteria free environments in the heating and cooling systems.
These criteria for selection will include, but not be limited to:
1. Cost per average daily steam flow per institution for an estimated annual cost of chemical treatment of boiler water and condensate return water. Actual cost of treating boiler feed water to maintain proper boiler water residuals will be reviewed annually. If there is a difference from the Bid Response, an adjustment will be made annually in the form of a credit/debit, depending on actual cost.
LSTC will only pay based upon the Bid Response for cost per of treating daily average steam flow/make-up usage of:
LSTC 120,000 lbs/stm – 1,300 gals make-up – (2,000 gals softener make-up) Cooling System volume 1,000 gal
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ATTACHMENT B - BOILER OPERATING CONDITIONS
LIFE SKILLS & TRANSITION CENTER (REVISED)
1. Water Analyses It will be the responsibility of each bidder to do their own water analysis of water samples from the raw water, make-up water, boiler feed water, boiler water, and condensate return water systems. These samples shall be taken by each individual bidder during the mandatory walk through. Copies of the analysis must be included with the Bid Response.
2. Make-up Water Pretreatment (related to Boiler Water Treatment) The external pretreatment equipment consists of the following:
· Two (2) Zeolite Softeners
· One (1) Deaerator
3. Operating Data
| · Average Cycles of Concentration in Feed Water | 30 | ||
| · Deaerator Temperature | 220°F | ||
| · Deaerator Pressure | 5 psig | ||
| · Feed Water Temperature | 220°F |
· Boiler Drum Pressure:
| · Summer boiler Operations | 125 psi | |||
| · Annual Steam Production (2017-2024) Average | 43,800,000 lbs/stm | |||
| · Average present condensate return | 90% | |||
| · Days per year operation | 365 | |||
| · Make-up water (2017-2024) Average | 475,500 gal |
· All calculations for chemical consumption for Bid Response comparisons will be based on average daily production of steam (120,000 lbs/stm and 2,000 gal. make-up water usage).
4. Boilers Boiler #1-Cleaver Brooks, Gas/Oil - fired, watertube, 20,000 lbs/hr Boiler #2-Cleaver Brooks, Gas/Oil - fired, watertube, 20,000 lbs/hr
5. System Metallurgy
· Pretreatment: black pipe, stainless steel pipe, copper, brass
· Condensate: black pipe, copper, brass
6. Regulating Agencies U.S. Food and Drug Administration (FDA), U.S. Environmental Protection Agency (EPA), and City and State Health Departments. Steam is utilized for cooking, humidification, heating, and cooling.
7. Current Chemical Supplier and Packaging
NALCO
Oxygen Scavenger – 110 gal on site refillable tank Porta-Feed system Boiler Water Internal Treatment - 110 gal on site refillable tank Porta-Feed system Condensate Treatment - 110 gal on site refillable tank Porta-Feed system PH Booster Treatment – 5 gal container
ATTACHMENT C - OPERATING CONDITIONS COOLING SYSTEM
LIFE SKILLS & TRANSITION CENTER (REVISED)
1. Water Analysis It will be the responsibility of each bidder to do their own water analysis of water samples from the raw water, make-up feed water and cooling tower water systems. These samples shall be taken by each individual bidder during the mandatory on site visit. Copies of analysis must be included with the Bid Response.
2. Equipment Two (2) 320-ton absorbers Two (2) cooling towers
3. Operating Conditions
| · Recirculation rate in GPM | 2,100/ea | |
| · Cooling Tower Load % | 40% | |
| · Average Tonnage | 187 | |
| · Supply Temp in Degrees F | 77 | |
| · Return Temp in Degrees F | 92 | |
| · Delta Temp in Degrees F | 15 | |
| · Operation (hours/day) | 24/7 | |
| · Operation (weeks/year) | 24 | |
| · System volume in gallons | 4,000 |
· **Evaporative Cooling Factor varies from 0.4 (winter) to 1.0 (summer)
4. Current Chemical Supplier & Form
NALCO
Scale/corrosion Inhibitor-Liquid Oxidizing Biocide-Liquid Non-Oxidizing Biocide- liquid
ATTACHMENT D - OPERATING CONDITIONS REVERSE OSMOSIS CHEMICAL FEED SYSTEM
LIFE SKILLS & TRANSITION CENTER
1. Equipment One (1) Reverse Osmosis System
2. Current Chemical Supplier & Form
NALCO
Antiscalant - liquid Permacare (Oxygen Scavenger) - liquid
File details come from the government source that posted it. Updated .