ITB A-27-105 Various Water Treatment Chemicals.pdf

Invitation to Bid #

ITB-A-27-105

Various Water Treatment Chemicals

Department of Procurement

125 N. Division St., Room 200, Salisbury, MD 21801

PH: 410-548-3190

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TABLE OF CONTENTS

SECTION I: INTRODUCTION

SECTION II: SPECIAL CONDITIONS

SECTION III: SPECIFICATIONS

SECTION IV: REQUIRED FORMS

SECTION V: AFFIDAVIT OF DEBTS AND CLAIMS

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SECTION I: INTRODUCTION

1. SUBMISSION OF BIDS

A. Solicitation documents are available for inspection and download on the City of Salisbury’s website, www.salisbury.md; MENU; Procurement Portal; PlanetBids or via this link: https://vendors.planetbids.com/portal/67670/portal-home.

B. Vendors or their authorized agents are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting bid documents; failure to do so will be at the vendor’s own risk.

C. A vendor’s bid documents, including all required forms, the bid security (bid bond), if any, and any other document required shall be submitted electronically through the City’s Procurement Portal, PlanetBids, unless otherwise specified. The submittal will be identified with the project number and the vendor’s name.

D. The vendor will assume full responsibility for taking whatever measures necessary to ensure that the bid documents are submitted electronically before the due date and time indicated; documents received after the due date and time will not be accepted. Bid documents delivered by any means other than electronic submittal through the PlanetBids platform will not be accepted.

E. In the event of technical issues, please contact PlanetBids at (818) 992-1771 or visit https://vendors.planetbids.com/portal/67670/help. The City is not responsible for technical issues unresolved before the due date and time for the solicitation, nor is the City responsible for any bid delayed or unable to be submitted by the due date and time due to technical issues.

F. A bid document may not be modified, withdrawn, or canceled by the vendor after submittal.

2. FILLING OUT BID FORMS

A. Use only forms supplied by the City of Salisbury (“City”); such forms shall not be modified.

B. All blanks requiring vendor completion will be filled in electronically or manually. Any interlineations, alteration, or erasure must be initialed by the signer of the form(s).

C. All bid submittals and forms, electronic or as otherwise specified, shall be put forward by the person(s) legally authorized to bind the vendor to a contract, using the legal name of the signer. Any document submitted by a third party for the vendor will have a current Power of Attorney attached, certifying the third party’s authority to bind the vendor.

D. The Vendor will supply all information and submittals required within the solicitation documents to constitute a responsive bid submittal.

E. Any ambiguity in the bid submittal as a result of omission, error, lack of clarity or non-compliance by the vendor with specifications, instructions, and/or any conditions of bidding will be construed in the light most favorable to the City.

3. QUESTIONS & CLARIFICATIONS

A. Questions regarding the solicitation must be submitted through the “Q&A” tab specific to this solicitation in the PlanetBids platform at least seven (7) days prior to the date fixed for the bid opening but in any event not later than the “Q&A Due Date” specified in PlanetBids.

http://www.salisbury.md/ https://vendors.planetbids.com/portal/67670/portal-home https://vendors.planetbids.com/portal/67670/help

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4. OPENING OF BIDS

A. Bid documents received on time will be opened electronically and the bid tabulation will be posted to the corresponding solicitation within PlanetBids.

B. Unless otherwise specified, a Contract will be awarded or all bid documents will be rejected within ninety (90) days from the date of the bid opening.

5. ACCEPTANCE OR REJECTION OF BIDS

A. Unless otherwise specified, the contract will be awarded to the lowest RESPONSIVE and RESPONSIBLE vendor complying with the provisions of the bid documents, provided the price is reasonable and does not exceed the funds available, and is in the best interest of the City. The City reserves the right to reject any bid document from any vendor who has previously failed to perform properly in any way or complete on-time contracts of a similar nature; or a bid document from a vendor who, investigation shows, is not in a position to perform the contract; or a bid document from any person, firm, or corporation which is in arrears or default to the City for any debt or contract.

B. In determining a vendor’s RESPONSIVENESS, the City will consider whether the bid submittal conforms in all material respects to the solicitation document requirements. The City reserves the right to waive any irregularities that may be in its best interest to do so.

C. In determining a vendor’s RESPONSIBILITY, the City may consider the following qualifications, in addition to price:

1. Ability, capacity, and skill to provide the commodities or services required within the specified time, including future maintenance and service, and including current financial statement or other evidence of pecuniary resources and necessary facilities;

2. Character, integrity, reputation, experience, and efficiency;

3. Quality of past performance on previous or existing contracts, including a list of current and past contracts and other evidence of performance ability;

4. Previous and existing compliance with laws and ordinances relating to contracts with the City and to the vendor’s employment practices;

5. Evidence of adequate insurance to comply with contract terms and conditions;

6. Statement of current workload and capacity;

7. Explanation of methods to be used in fulfilling the contract;

8. The vendor, if requested, must be prepared to supply evidence of its qualifications, listed above, and its capacity to perform the services, and such evidence shall be supplied within a specified time and to the satisfaction of the City.

D. The City has the right to reject any and all bids, to accept or award in whole or in part, to add or delete quantities, to waive any informalities or irregularities in the bid document received, to reject a bid document not accompanied by required bid security or other data required by the bid documents, and to accept or reject any bid document which deviates from specifications when in the best interest of the City. Irrespective of any of the foregoing, the City will have the right to award the contract in its best interests.

E. City personal property taxes must be on a current basis. If any such taxes are delinquent, they must be paid before contract award. Failure to pay will result in the contract being award to another vendor.

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6. AUDIT

A. The successful vendor, to whom is awarded a contract, agrees to retain all books, records, and other documents relative to the awarded contract for five (5) years after final payment, or until audited. The City, its authorized agents, and/or State auditors will have full access to and the right to examine any of said materials during said period.

7. ASSIGNMENT

A. The successful vendor will not assign, transfer, or subject the contract, or its rights, title interests, or obligations therein without the City’s prior written approval.

B. Violation of the terms of this paragraph will constitute a breach of contract. All rights, title, interest, and obligations of the Successful Contractor will thereupon cease and terminate.

8. CONTRACT AWARD

A. An award of bid will result in a binding contract between the City and the person or business enterprise responding to the solicitation and deemed by the City to be the successful vendor. The contract will be executed by the successful vendor within 14 business days of receipt of the contract. If the vendor fails or refuses to sign and deliver the contract and the required surety bonds and insurance documentation, the City will retain as partial damages for such failure or refusal the bid security of the defaulting vendor.

B. Contracts issued by the City will bind the successful vendor to the applicable conditions and requirements herein set forth and are subject to all Federal, State, and municipal laws, rules, regulations, and limitations.

9. WORK NOT INCLUDED IN CONTRACT

A. If a price is requested in the Bid Documents for furnishing a crew, tools, equipment, materials, rental, etc., to perform related Work not included in the Bid Documents, these items will be for contingency purposes only. Bids for this Work in no way guarantees Contractor award of any related Work not included in, and outside the scope of, the Contract. The City reserves the right to contract with any Contractor for non-inclusive work.

10. DEFAULT

A. The Contract may be cancelled or annulled by the City in whole or in part by written notice of default to the vendor upon non-performance, violation of contract terms, delivery failure, bankruptcy or insolvency, or the making of an assignment for the benefit of creditors. An award may then be made to the next lowest responsive and responsible vendor, or when time is of the essence, similar commodities and/or service may be purchased on the open market. In either event, the defaulting vendor (or its surety) will be liable to the City for cost to the City in excess of the defaulted contract price.

11. COLLUSION/FINANCIAL BENEFIT

A. The vendor certifies that its bid document is made without any previous understanding, agreement, or connection with any person, firm, or corporation making a bid document for the same project; without prior knowledge of competitive prices; and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action.

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B. Upon submitting a bid, the vendor certifies that no member of the governing body of the City, or members of his/her immediate family, including spouse, parents or children, or any other officer or employee of the City, or any member or employee of a Commission, Board, or Corporation controlled or appointed by the Mayor or Council has received or has been promised, directly or indirectly, any financial benefit, related to this contract.

12. MATERIAL QUALIFICATIONS

A. A sample of material to be supplied under this contract may be requested by the City to be provided prior to the contract award. All materials will be new, standard production, unless otherwise approved by the City.

13. UNBALANCED & CONDITIONAL BIDS

A. UNBALANCED BIDS –

1. An “Unbalanced Bid” is a bid that includes several items or alternates to be added or deleted, on which a vendor bids higher prices on items expected to be ordered in higher quantities than those used for bid evaluation, and/or low prices on items the Contractor believes will be ordered in smaller quantities.

2. A “Mathematically Unbalanced Bid” is a bid in which each item does not carry its share or proportion of the cost of work plus profit, or one in which there are nominal prices for some work and higher prices for other work.

3. Vendors are cautioned not to unbalance their bids. The City reserves the right to reject any bid that is decisively unbalanced.

B. CONDITIONAL BIDS –

1. When a vendor unilaterally imposes a condition that the bid is an “all or none” offer, i.e., that any acceptance of the bid must include all items offered, such a condition affords the vendor an inequitable advantage and contradicts the City’s right to accept any item or group of items in the bid.

2. When a bid is conditioned upon receiving the award of both the contract in question and another contract, such tying together of bids provides an undue competitive advantage and will not be accepted.

14. SUB-CONTRACTORS

A. The vendor may be required to submit a list of sub-contractors proposed to be used in accomplishing the Work. Use of sub-contractors may be subject to approval by the City.

15. TAX EXEMPTION

A. The City is exempt from Federal Excise Taxes, Maryland Sales and Use Taxes, and Transportation Taxes. This exemption cannot be used by vendors doing business with the City. Vendors are responsible for State sales tax of real property furnished and installed or constructed for the City.

16. EQUAL EMPLOYMENT OPPORTUNITY AND NON-DISCRIMINATION

A. All vendors are subject to and must comply with the provisions of the City’s EEO policy and applicable State and Federal anti-discrimination laws. The City encourages equal employment opportunity to businesses owned and controlled by minorities and women.

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B. The vendor will not discriminate against any employee or applicant for employment or any member of the public because of race, color, creed, religion, national origin, sex, sexual preference, disability, marital status, age; or otherwise commit an unfair employment practice. The successful vendor further agrees that this non-discriminatory agreement will be incorporated by the vendor in all contracts entered into with suppliers of commodities and services, contractors and subcontractors, and all labor organizations furnishing skilled, unskilled, and craft union skilled labor, or who may perform any such labor or services in connection with this contract.

17. INDEMNITY

A. The vendors agrees to indemnify, defend, and hold harmless the City and its officers, employees, and agents from any and all liability, loss, cost, damage, and expense (including reasonable attorney’s fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions, or suits based upon or alleging bodily injury, including death, or property damage arising out of or resulting from the vendor’s operations under this contract, whether such operations be by itself or by any subcontractor or by anyone directly or indirectly employed by either party.

B. The successful vendor further agrees to furnish adequate protection against damages to all work and to repair damages of any kind, to the building or equipment, due to vendor’s own work or to the work of other vendors for which the awarded vendor is responsible.

18. VENDOR STATUS

A. The vendor will be responsible to the City for acts and omissions of their employees, subcontractors, their agents and employees, and other persons performing portions of the work for this contract or other arrangement with the vendor. It is understood that the relationship of vendor to the City will be that of an “independent contractor”. Nothing contained herein or inferable will be deemed or construed to (1) make the vendor the agent, servant, or employee of the City, or (2) create any partnership, joint venture, or other association between the City and the vendor.

B. It is understood and agreed by the City of Salisbury and the vendor that any Public Procurement Unit as defined by the American Bar Association Model Procurement Code for State and Local Governments may purchase the goods and services specified herein in accordance with the prices, terms and conditions of this agreement, upon mutual agreement of the vendor and the Public Procurement Unit. It is also understood and agreed that each entity will establish its own contract with the vendor, be invoiced therefrom and make its own payments to the Vendor under the terms of the contract established between the new Public Procurement Unit and the vendor. It is also hereby mutually understood and agreed that the City of Salisbury is not a legally bound party to any contractual agreement made between the vendor and any entity other than the City of Salisbury, MD.

19. APPLICABLE LAWS

A. The vendor will observe and comply with all applicable Federal, State, and local laws and regulations in the performance of the Work. The solicitation document, the bid document(s) and the contract will be construed and interpreted in accordance with the laws of the State of Maryland and all questions of performance hereunder will be determined in accordance with such laws.

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20. APPROVED SUBSTITUTE

A. Approved substitute pertains to material and/or equipment which must meet the quality and the design requirements as specified. Any mention of product or manufacturer names in the specifications is to establish a standard of quality and/or design and is not intended to limit competition.

B. When an item is identified in the Solicitation Document by a manufacturer’s name or catalog number, it is understood that the vendor proposes to furnish the material and/or equipment so identified and as specified by the City UNLESS the vendor specifically proposes an alternate.

C. In bidding a proposed alternate, the vendor will clearly state in writing on the bid document exactly what is proposed to be furnished, and forward with the bid documents a complete description of the proposed alternate, including brand, model number, drawings, performance and test data, references and any other information necessary for a complete evaluation of the proposed alternate by the City.

D. The vendor will include a statement setting forth any changes in other materials, equipment, or other work which would be required by incorporation of the proposed alternate. The burden of proof of the merit of the proposed alternate is upon the vendor.

E. The City’s decision to approve or disapprove a proposed alternate will be final and will be made in the City’s best judgment and interests.

F. Bid document submittals will conform to these requirements for material and/or equipment alternates and, where applicable, will include, but not necessarily be limited to, the following information:

1. Exceptions to these specifications along with justification for each exception;

2. Manufacturer and manufacturer’s type designation;

3. Manufacturer’s catalog data confirming conformance to specified requirements;

4. Overall dimensional data including drawings, sketches, and photographs;

5. Performance data developed for the specific application;

6. Parts list noting materials of construction;

7. Complete list of locations where the manufacturer has supplied this equipment.

a. The list will include the name and address of the respective owner, date of installation, and contact person and telephone number of the person who has knowledge of the equipment performance.

21. FORCE ACCOUNT WORK

A. When the vendor will perform extra work for which there is no quantity and price included in the contract, as a result of changes, alterations, deductions, and/or additions to the contract, such work will be done in accordance with the specifications and only by an authorized written Change Order by the City. The extra work will be paid for on Force Account basis. All work done on a Force Account basis will be paid for in the following manner:

1. Application of unit prices stated in the contract or subsequently agreed upon;

2. Lump-sum price agreed to by both the City and the vendor;

3. When there are no applicable unit prices in the contract, and when the City and the vendor cannot reach an agreement, the City will require the vendor to do such work on a Force Account basis to be compensated in conformance with the following:

a. Labor. For all labor and for foreman in direct charge of the specific project, the

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City and vendor will agree on the labor rates before any Force Account work is begun. The number of laborers and foreman employed in the work will be subject to regulation by the City’s Engineer and will be agreed on in advance of the Work.

The vendor will receive as shown on its weekly payroll the basic hourly wage, overtime, and fringe benefits paid to the employee for each and every hour that said labor and foremen are actually engaged in such work, to which cost will be added an amount equal to fifteen percent (15%) of the sum thereof. The superintendent’s or office personnel’s time will not be allowed. To substantiate labor cost for the Force Account, the vendor will be required to submit copies of certified payrolls showing name, classification, date, daily hours, total hours, rate, and extension for each laborer and foreman.

b. Materials. For materials accepted by the City’s Engineer and used, the vendor will receive the actual cost of such materials delivered for the work, including transportation charges paid by the vendor (exclusive of machinery rentals as hereinafter set forth), to which the cost of fifteen percent (15%) may be added. To substantiate materials and transportation costs, original receipted invoices will be submitted. If, however, the materials used in the Force Account work are not specifically purchased for such work but are taken from the vendor’s stock, then in lieu of the original invoices, the statements will contain or be accompanied by an affidavit from the vendor which will certify that such materials were taken from the vendor’s stock, that the quantity claimed was actually used and that the price and transportation of the material as claimed represent actual costs. The City reserves the right to furnish materials and equipment as it deems appropriate, and the vendor will have no claim for any costs, overhead, or profit on such materials.

c. Materials and Supplies not incorporated in the work. For materials and supplies expended in the performance of the work (excluding those required for rented equipment), and approved by the City’s Engineer, the vendor will receive the actual cost of such materials and supplies used. The vendor will receive a reasonable allowance for materials used but not expended in the performance of the work.

These costs will be substantiated as defined in the Equipment section below.

d. Equipment. For any machinery or special equipment, other than small tools, including fuel and lubricants, plus transportation costs, the use of which has been authorized by the City’s Engineer, the vendor will receive rental rates as agreed to in writing before the Work is begun, for the actual time that such equipment is in operation on the work, to which the sum of fifteen percent (15%) may be added. In addition to the above, the actual transportation costs for one move-in and one move-out may be allowed. When the City is obligated to pay for idle equipment, the allowance will be seventy-five percent (75%) of the agreed-upon equipment rental rate. To compute hourly rates, use eight hours a day, forty hours per week and one-hundred and seventy-six hours per month. For the purpose of definition, equipment with a new cost of one thousand dollars ($1,000) or less will be considered small tools. No overhead and profit will be allowed on such equipment. For all equipment utilized on Force Account Work, the hourly rate for each piece of equipment and attachments will be paid at the Rental Rate Blue Book for Construction Equipment monthly rate for the make and model. The vendor will furnish to the City’s Engineer serial numbers and year of manufacture for all pieces of equipment used on Force

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Account work. Rental rates will be given without operator labor costs which will be paid under Labor (as noted above).

e. Rental Equipment. In cases where a piece of equipment to be used is rented or leased by the vendor from a third party exclusively for Force Account work, the actual invoiced amount will be paid when such rates are reasonably in line with established rental rates for the equipment in question and approved by the City’s Engineer.

f. Moving Equipment. When it is necessary to obtain equipment from sources beyond the project limits, exclusively for Force Account work, the cost of transferring the equipment to and from the worksite will be allowed as an additional expense. Where the move requires the use of a hauling unit, the move-in allowance will be limited to the rental rate, as computed in subparagraph (Rental Equipment) above, for the hauling unit plus operator’s wages. In the event that the equipment is transferred under its own power, the moving allowance will be limited to one-half the hourly rental rate, as computed in subparagraph (Rental Equipment) above, plus the operator’s wages. If the move-out is to a different location, payment will in no instance exceed the amount of the move-in. Move-in allowance will not be made for equipment brought to the project for Force Account work which is subsequently retained in the project and utilized for contract items or related work.

g. Standby Time. Standby rates will apply, with the City Engineer’s approval, when a piece of equipment is required to remain on the project on standby status.

Standby rates will be 50 percent (50%) of the normal base rates without the operating expenses. Standby rates will not exceed 8 hours per day and will not be allowed for Saturday, Sunday, holidays, days the City may be closed due to weather or other Acts of God, i.e. Force Majeure. When a unit works for a portion of a day and is on standby for a portion, the total time allowed will not exceed 8 hours for that day. Equipment that is required to be on the project to transport personnel or materials will be paid the rental rate for that portion of the day being utilized with the remainder being standby. No compensation will be allowed for equipment that is inoperable due to breakdown.

h. Subcontracting. For extra work performed by subcontractors the vendor will receive the rate billed to him by the subcontractor for each and every hour that said subcontractor is actually engaged in such Work. This amount shall be equal to five percent (5%) of the sum for the extra work, or five hundred dollars ($500), whichever sum is higher. To substantiate labor cost for the Force Account, the vendor will be required to submit copies of certified payrolls showing name, classification, date, daily hours, total hours, rate, and extension for each laborer and foreman. No other overhead and profit may be taken by the vendor for additional subcontractor work.

i. Compensation. The compensation as herein provided will be received by the vendor as payment in full for extra work done on a “Force Account basis”. At the end of each day, the vendor’s representative and the City’s Engineer will prepare a Force Account daily record, signed by both parties, which daily report will be the true record of the Force Account work done.

j. Partial Payment. Upon completion of the work the vendor may request partial payment for Force Account work prior to submitting final documentation. Partial

ITB-A-27-105 Various Water Treatment Chemicals Page 11 payment will be limited to 50% of the estimated amount for the work accomplished until all documentation has been received and approved.

k. Miscellaneous. No additional allowance will be made for the General Superintendence of the project and related transportation, the use of small tools, or other costs for which no specific allowance is herein provided.

l. For extra work, as defined in this section, the Contractor will be reimbursed for its expenditures for Workmen’s Compensation Insurance, Public Liability Insurance, Social Security taxes, and Unemployment Compensation covering the workers actually engaged in such extra work. No percentage will be added to such payments, but the vendor will receive only the actual amount of money expended for such expenditures. Such payments will be based on the prevailing standard insurance rates supported by receipted vouchers from the insurance company and upon the actual amount of taxes paid for Social Security and Unemployment Compensation as evidenced by proper documents furnished by the vendor.

m. If the change involves merely a credit, the contract price will be reduced by the amount it would have cost the vendor if the omitted item or work had not been eliminated, including overhead and profit; however, the vendor will be allowed to retain a sum not above three percent (3%) for handling. If the deletion affects the allocated project construction workdays, the City may initiate a proportionate reduction.

n. If a change involves an extra credit and a credit, both sums will be shown, and the two sums balanced to determine the adjusted total cost or credit.

o. NO allowance to the vendor will be made or allowed for loss of anticipated profits due to any changes in the work.

22. SUSPENSION OR TERMINATION FOR CONVENIENCE

A. The City’s Director of Procurement, unilaterally, will have the right, at any time by written notice, for its convenience, to suspend, delay or interrupt the work for such time as may be determined by the City to be necessary or desirable up to ninety (90) days, unless a longer time is agreed upon in writing by both parties; and thereafter, to require resumption of the whole or any part of the work without invalidating the provisions of this contract.

B. The City’s Director of Procurement, unilaterally, will have the right, at any time by written notice, for his/her convenience, to terminate the work in whole or in part.

C. Any notice issued pursuant to this section will state the extent and effective date of such notice, and except as otherwise directed, the vendor will stop work on the date of receipt of the Notice of Termination or other date specified in the notice; place no further orders or subcontracts for materials, services, or facilities, except as necessary for the completion of such portion of the work not terminated. The vendor, within thirty (30) days of the Notice of Termination, will submit a final invoice reflecting services actually furnished pursuant to this Agreement to the satisfaction of the City and for which no previous invoice was submitted to the City.

D. In the event of a termination, pursuant to this section, the City will pay the vendor’s expenses verified by final invoice for the following:

1. Completed and acceptable work executed under the contract prior to the effective date of termination, including fair and reasonable sums for overhead and profit for such work.

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2. Expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the contract in connection with uncompleted work, plus fair and reasonable sums for overhead and profit.

E. The Contractor will not be paid on account of loss of anticipated profits or revenues or for work not completed prior to the date of termination of the contract.

F. No adjustment will be made under this section for any suspension, delay, or interruption to the extent (1) that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the vendor, or (2) for which an equitable adjustment is provided for excluded under any provision of this contract.

23. ADDENDUM

A. No oral statements of any person will modify or otherwise affect or interpret the meaning of the scope of work, specifications, drawings, or the terms, conditions, or other portions of the solicitation documents. All modifications and every request for any interpretation must be submitted through the “Q&A” tab specific to the solicitation in the PlanetBids platform at least seven (7) days prior to the date fixed for the bid opening but in any event not later than the “Q&A Due Date” as specified in PlanetBids.

B. Any and all interpretations, corrections, revisions, and amendments will be issued by the Department of Procurement in the form of written addenda. Vendors are cautioned that any oral statement(s) made by any City employee that materially change any portion of the solicitation documentswill not be relied upon unless subsequently ratified by a formal written amendment to the solicitation.

C. All addenda will be issued at least five (5) days prior to the time set for receipt of bid documents, and will become part of the bid document and will be acknowledged in the vendor’s bid submittal. Failure of any vendor to receive any such addenda will not relieve said vendor from any obligation under its bid document as submitted.

D. Vendors are cautioned to refrain from including in their bid document any substitutions which are not confirmed by written addenda. To find out whether the City intends to issue an amendment reflecting an oral statement made by any employee, vendors must submit such requests through the “Q&A” tab specific to the solicitation in the PlanetBids platform at least seven (7) days prior to the date fixed for the bid opening but in any event not later than the “Q&A Due Date” as specified in PlanetBids.

E. The Director of Procurement reserves the right to postpone the bid opening for any major changes occurring in the 5-day interim which would otherwise necessitate an addendum.

24. DEBARMENT

A. By submitting this bid or proposal, the vendor warrants and certifies that they are eligible to submit a bid or proposal because they are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in a transaction by any Federal, State, or local department or agency.

25. BID SECURITY

A. NOT APPLICABLE

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26. PERFORMANCE BOND and PAYMENT BOND

A. NOT APPLICABLE

27. INSURANCE REQUIREMENTS

A. Unless otherwise required by any Special Conditions for this agreement, the vendor will be required to purchase and maintain during the life of the contract the following types and amounts of insurance (at minimum).

1. Commercial General Liability: $1,000,000 (one million dollars) per occurrence, $2,000,000 (two million dollars) aggregate for bodily injury and property damage.

2. Commercial Automobile: $1,000,000 (One million dollars) combined single limit per accident for bodily injury and property damage. Include hired, non-ownership coverage and owned vehicle coverage if the company owns a vehicle.

3. As mandated by the Code of the State of Maryland and Employer’s Liability the vendor will be required to provide Worker’s Compensation insurance.

4. The vendor will provide the City with certificates of insurance evidencing the coverage required above. Such certificates will provide that the City be given at least thirty (30) days prior written notice of cancellation of, intention to not renew, or material change in such coverage. The vendor must provide certificates of insurance before commencing work in conjunction with the contract.

a. Failure to provide and continue in force such insurance as required above will be deemed a material breach of the contract and will cause the vendor to be in default, and will operate as an immediate termination thereof. The City reserves the right to require higher limits on any contract. A 30-day notice in writing of cancellation or non-renewal will be furnished by certified mail to the Director of Procurement at the address listed in solicitation document. The vendor agrees to be responsible for, indemnify, defend, and hold harmless the City, its officers, agents, and employees from the payment of all sums of money by reason of any claim against them arising out of any and all occurrences resulting in bodily or mental injury or property damage that may happen in connection with and during the performance of the Agreement including, but not limited to, claims under the Worker’s Compensation Act

b. On all insurance requirements except Professional Liability (Errors and Omissions) and Worker’s Compensation, the the City must be named as “Additional Insured” and the insurance certificate furnished to the City will indicate such coverage.

c. Providing any insurance required herein does not relieve the vendor of any of the responsibilities or obligations assumed by the vendor in this contract, or for which the vendor may be liable by law or otherwise.

END OF SECTION

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SECTION II: SPECIAL CONDITIONS

NOTE: THESE SPECIAL CONDITIONS SUPERSEDE ALL OTHER

SPECIFICATIONS IN CASE OF CONFLICT

1. SPECIFIC POLLUTANT LIMITATIONS

Except for Zinc Pyrophosphate and Ferric Chloride, the following substances are not permitted in concentrations above those listed:

Substances Max. Allowable Concentration (ppb) Arsenic 1 Cadmium 5 Chromium 10 Copper 100 Cyanides or Cyanogen Compounds 20 Lead 2 Mercury or Mercury compounds 1 Nickel 398 Zinc 261 Phosphorus 500

2. CHEMICAL DELIVERIES

A. The successful bidder must be able to provide delivery within 48 hours of notification.

B. All deliveries shall be scheduled in advance so trained City personnel can be present to accept and monitor the delivery process of chemicals furnished under this contract. All deliveries will be made between the hours of 8:00 A.M. and 2:00 P.M., Monday through Friday, prevailing time, to allow sufficient time for City personnel to receive the chemicals during normal working hours. Vendor will provide an Advance Shipping Notice (ASN) at least 24 hours’ prior to delivery of chemicals which specifies the approximate time of delivery.

C. Deliveries may be made before or after the deadline stated if extenuating circumstances exist. In that case, the Vendor will call the receiving agent prior to 12:00 p.m. and gain the approval of that agent for late or early deliveries. The Vendor may be financially responsible for any overtime costs incurred by the City due to the late or early delivery. If the material cannot be accepted as late or early delivery, the shipment will be retained by the Vendor and delivered the following day at no extra cost to the City.

D. The City will not pay demurrage. Tank trucks will meet ICC standards and will arrive with unloading connections compatible with City equipment and in good workable condition.

E. Bulk liquid shipments of chemicals to the City Potable Water Treatment Plants will be placed and transported in tankers cleaned/decontaminated of any/all residual chemicals remaining from previous shipments. No payments will be made for contaminated bulk liquid shipments. The cost for removal/neutralization of contaminated bulk liquid shipments will be the responsibility of the Vendor.

F. An assigned City employee will meet the driver and confirm the contents of the shipment.

The City employee will perform a visual inspection of the vehicle. If there are no visible

ITB-A-27-105 Various Water Treatment Chemicals Page 15 problems with the truck and no problems with the manifest, the City employee will escort the driver to the appropriate location to commence testing (if appropriate) and unloading. If the City employee has concerns about the shipment, he will notify the plant Superintendent.

G. The driver will place blocks behind his wheels to ensure that the truck will not move during unloading.

H. The driver can only hook up the delivery when an assigned City employee tells the driver where to make the necessary connections.

I. While the truck is unloading, the driver must stay with the truck at all times in case problems occur with the unloading.

J. Tank trucks shall be equipped with tank-mounted valves to enable rapid shut-off if an emergency arises.

K. All empty Chlorine cylinders will be picked up at time of delivery. City personnel will assist with off-loading of full cylinders and on-loading of empty cylinders as much as possible; however, assistance is not guaranteed and therefore it will be the prime responsibility of the Vendor.

L. Repeated delays in delivery of necessary quantities of chemical shall be grounds for cancellation of the contract. If the successful bidder fails to make delivery within the allotted time, the City reserves the right to obtain chemicals from another source.

M. Delivery procedures shall comply with current federal, state, and local regulations.

N. Tank trucks used for the delivery of the bulk and liquid chemicals shall be fully equipped to unload by pressurizing the tanks with air and shall be equipped with valves to control the flow of chemical into the storage tank and to enable rapid shut-off if an emergency arises.

O. Tank truck pressure shall be regulated by the driver while unloading and shall not exceed the tank truck manufacturer’s specifications.

P. Tank truck hoses shall be equipped to connect to the supplier’s tank or the WRF tank fill line.

Q. Prior to departure the driver must make sure that all of the cargo has been unloaded, the appropriate paperwork has been signed, and that all previously open outlets and valves are closed to ensure that nothing can leak out of the vehicle.

3. SAFETY AND PERSONAL PROTECTIVE EQUIPMENT

A. The successful bidder shall ensure that all parties involved in supplying the chemical to the City facility observe the applicable safety practices. This includes wearing the appropriate personal protective equipment during transloading and offloading operations.

Such operations shall not begin unless the personal protective equipment is worn.

B. The driver shall also be fully educated (classroom & hands-on training) in Hazardous Communication regulations to ensure that they know what to do should an emergency occur on-site or while traveling to the facility.

C. All drivers will be required to have a valid commercial driver's license (CDL). A hazardous endorsement is required to transport hazardous materials.

D. In no case will a driver transport the chemical without being trained on the use of the specific truck used to transport the chemical to the facility destination.

4. PRICE CHANGES

A. In view of unstable cost situations in the industry, the City will consider adjustments of

ITB-A-27-105 Various Water Treatment Chemicals Page 16 the prices bid during the term of the contract, subject to the following provisions:

1. Price escalation will only be considered upon satisfactory evidence of a price increase by the primary supplier to the Successful Vendor;

2. In the event of a price decrease by the primary supplier to the Successful Vendor, said price decrease will be passed on to the City and will be supported with satisfactory evidence from the primary supplier.

B. Price increases will not be automatic. Any request for price adjustment will be initiated by the successful Vendor in writing to the Director of Procurement and supported by a letter from the primary supplier notifying the Successful Vendor of a change in price and the amount of such change.

C. Price increase approval will only be authorized by contract amendment signed by the the Director of Procurement. The effective date of the increase will be the date of the amendment. Price increases will not be retroactive.

D. The City will have the right to:

1. Approve the supported price increase;

2. Cancel the item(s);

3. Cancel the entire contract. (See Section 1 item 23 for more information).

5. CONTRACT CANCELLATION

A. The full term of this contract will expire twelve (12) months from bid award (See

Contract Extension).

B. This contract may be canceled by the City before the full term expiration date should the Vendor not perform and make satisfactory and timely deliveries as instructed and/or supply products containing the specified chemical content as verified by surveillance monitoring of samples taken from each product-load delivery.

C. Deliveries of hazardous materials such as Chlorine, Sulfur Dioxide, and Sodium Hydroxide will not be accepted if the unloading and handling methods are not considered safe by the City Engineer or his assigned agent or are not according to OSHA safety standards. The shipment will be returned and the faulty equipment repaired, or missing equipment obtained, within 24 hours, when delivery, as requested, will be made. Time extensions may be granted by the Director of Water Works or his/her assigned agent depending upon the severity of the repairs and the demands of the Department of Water Works. Failure to meet these requirements will be considered to constitute failure to perform the contract, by which the contract may be canceled by the City (See Section 1, Item 23 for more information).

6. CONTRACT EXTENSION

A. The City reserves the right to extend this contract three (3) months beyond end of initial

Contract period to effect a smooth transition in the event another Vendor is awarded the annual contract the following year. Also, the City reserves the right to renew all or portions of this contract with the same prices, terms and conditions as the original contract for four (4) one-year terms on a yearly basis, contingent upon mutual agreement between the City and the suppliers of the chemicals affected. The Vendor has the option of declining this renewal.

B. This agreement is not assignable by the Vendor without the express written permission of the City.

ITB-A-27-105 Various Water Treatment Chemicals Page 17

7. PAYMENT AND CASH DISCOUNT

A. Payment will be made for individual shipments upon receipt of a certified invoice from the Vendor. The City will interpret any cash discount as acceptable if payment is made within the number of days after invoice date, or date of receipt of material, whichever is later.

8. EVALUATION OF OTHER PRODUCTS

A. The City reserves the right to use other products during the term of the contract for demonstration, test, or research. Prospective suppliers may apply in writing to the Superintendent, Waste Water Treatment Plant or Potable Water Treatment Plant, City of Salisbury, 125 N. Division St., Salisbury, Maryland 21801-4940 for permission to test their products in City facilities. Granting of permission to test their products on a full plant scale can only be granted to those suppliers who can demonstrate in the laboratory a high expectation of ability to improve operations or reduce costs as compared with conditions then existing.

9. FAILURE TO CONTRACT

A. If the Vendor to whom the award is made should fail to execute the contract as herein provided, then the award may be annulled and the contract let to the next lowest, responsible Vendor without further advertisement, and such Vendors will be required to fulfill every stipulation expressed herein as if he/they were the original party to whom the contract was awarded.

10. COOPERATION

A. The Vendor and City personnel must cooperate closely in scheduling, planning, and making effective use of product and service offered. The responsibility for proper operation of the total system is that of the Superintendents of the Waste Water Treatment Plant and Potable Water Treatment Plant. Should an unworkable situation develop in the opinion of the Superintendent, where product or service is considered unsatisfactory for use of the City, or there is a decline in the effectiveness per pound of product supplied that can reasonably be attributed to deficiencies in the Vendor’s manufacturing or quality control not attributed to a change in the character of the City plant processes, the following steps will be taken:

1). The Superintendent will notify, in writing, the Vendor and City Purchasing Agent, that an unsatisfactory condition exists and the Vendor will have ten (10) calendar days to resolve such problems to the satisfaction of the City. If no satisfactory solution has been made at the end of that period, the City Purchasing Agent will, with the advice of the Superintendent, notify the Vendor in writing that the contract will be considered annulled within twenty (20) calendar days.

11. QUANTITIES

A. Quantities listed on the Form of Proposal are approximate only. The City reserves the right any time during the life of the contract to increase or decrease the purchase amount for

ITB-A-27-105 Various Water Treatment Chemicals Page 18 any item. If the usage of any chemical increases more than 10% due to a change in the quality of the chemicals furnished per this contract, the Vendor will have ten (10) calendar days to resolve such problems to the satisfaction of the City. The City reserves the right to cancel said contract and consider the next lowest, responsible Vendor for furnishing the balance of the chemicals required for the remainder of the contract period.

ITB-A-27-105 Various Water Treatment Chemicals Page 19

SECTION III: SPECIFICATIONS

1. This contract contemplates the furnishings and site delivery for twelve (12) months of Chlorine, Sodium Hydroxide, Caustic Potash, Hydrofluorosilicic Acid, Zinc Pyrophosphate, Sodium Hypochlorite, Drinking Water Grade Hydrated Lime, Calcium Oxide (quick lime), Glycerin based Carbon source and Ferric Chloride Solution 38%-42%. Delivery of the material will be made at the following locations within the corporate limits of Salisbury:

A. Municipal Water Plant – 2322 Scenic Drive (Paleo);

B. Municipal Water Plant – 640 East Main Street (Park);

C. Waste Water Treatment Plant – 1142 Marine Road.

2. Successful Vendor(s) will furnish Safety Data Sheets (SDS) for the above listed chemicals.

Vendors shall certify that the above listed chemicals (except Drinking Water Grade Hydrated Lime) supplied, comply with pollutant limitations outlined elsewhere in these specifications.

Bid prices must include transportation. Bids will indicate the name of Vendors’ supplier or “sole supplier”.

3. CHLORINE- (BID ITEM 1)

A. It is estimated that approximately one delivery per week, with each delivery consisting of three to five 150 lb. chlorine cylinders, will meet the demands of the City. These cylinders will be needed at the City’s two potable water plants. These shall be delivered in 150 lb. cylinders. Chlorine in 150 lb. cylinders will be delivered to the two (2) potable Water Treatment Plants.

B. It is necessary that the delivery truck for 150 lb. Chlorine cylinders be properly equipped, preferably with a hydraulic tailgate that will remain level while in operation to permit unloading the containers in a safe manner.

C. EQUIPMENT

1). All Chlorine containers will be equipped with fusible metal plugs designed as a protection against the development of hydrostatic pressure.

2). All Chlorine containers will be equipped with removable protection hoods in good working condition to cover the valves, except when the…