RFB 24-15 Caustic Soda .pdf

354-RFB-24-15

REQUEST FOR BIDS

for

Caustic Soda

To be opened 11:00 AM on Monday, May 6, 2024

Pursuant to General Statutes of North Carolina, as amended, sealed bids, subject to the conditions and specifications herein, are invited for furnishing the following apparatus, supplies, materials, equipment. All bids will be received by the Town of Cary Purchasing Division electronically until the date and time stated above, at which time the sealed bids will be publicly opened virtually and read.

BY: Kathryn McMillan, Procurement Consultant DATE: April 12, 2024

POSITIVELY NO BIDS CONSIDERED UNLESS SUBMITTED ON THIS DOCUMENT

Please provide pricing subtotals and grand total for the option (or options) you are submitting for evaluation.

QUANTITY

(Dry Tons) DESCRIPTION

UNIT PRICE

(Per Ton)

LINE TOTAL

(Unit Price X Qty)

Sodium Hydroxide – 50% (Caustic Soda) As per Attached Specifications, Terms and Conditions

Name:_________________________ Manufacturer:___________________ Delivery:_________________ days

Do the products submitted for bid meet the exact specifications listed herein? ☐YES ☐NO

This company is a certified Historically Underutilized Business (HUB) by ☐YES ☐NO the North Carolina Department of Administration HUB Office.

COMPANY: _______________________________________________ DATE: ________________________

AUTHORIZED SIGNATURE: _________________________________ TITLE: _________________________

DATE: _______________

NOTICE TO BIDDERS: Do not include taxes in your bid proposal pricing. Any and all tax imposed upon any article on which you are bidding are only to be shown as separate line items on invoices, and in no case are taxes to be included with your bid price. Failure to comply with these conditions will be considered grounds for rejection.

In compliance with the above request for bids and subject to all the conditions thereof, the undersigned offers and agrees, if this bid be accepted within __________ days from the date of the opening, to furnish any or all of the items upon which prices are quoted at the price set opposite each item within___________ days after receipt of order, unless otherwise specified.

COMPANY:______________________________________ ADDRESS:______________________________________

TOWN: ______________________________________ STATE: ____________ ZIP CODE:______________________

AUTHORIZED SIGNATURE:__________________________________ TITLE:________________________________

NAME PRINTED OR TYPED: _______________________________________________________________________

CONTACT NAME (if different than above): _____________________________________________________________

TELEPHONE NO.: ___________________________ EMAIL: ______________________________________________

BIDDER’S CHECKLIST

Be aware of the virtual bid opening date and time as indicated on the first page of this proposal.

You must submit bids in electronic format via eVP. No hard copy bids will be accepted.

All signatures must be by a company officer or agent who is authorized to enter and sign bid documents.

Have you read and understood the “Terms and Conditions” and the “Instructions to Bidders” for submitting a bid to the Town?

Have you read and do you completely understand all the specifications of this bid proposal?

If an addendum to the specifications was issued, has it been returned with this bid proposal (indicating acceptance of the information contained within)? Failure to do so may result in your submittal being deemed unresponsive.

Have you enclosed your Affidavit of compliance with all specifications (Specifications, Section 3)?

Have you enclosed your letter of product commitment?

Have you enclosed the MSDS and product specification sheet?

Have you enclosed your reference list (Attachment 1)?

INSTRUCTIONS TO BIDDERS

1. PURPOSE:

The purpose of this document is to provide general and specific information for the use by suppliers in submitting a bid to supply the Town of Cary with apparatus, supplies, material and equipment, and/or services listed above. All bids and contracts are governed by Town policy, and /or by Section 143-129 of the North Carolina General Statutes.

2. BID SCHEDULE:

Listed below are the dates and times by which stated actions must be taken or completed. The Town may determine, in its sole discretion, that it is necessary to change any of these dates and times. All listed times are Eastern standard times.

Action Time Date

Bid issued ---- Friday, April 12, 2024

Deadline for Questions & Approved Equals 1:00 PM ET Friday, April 26, 2024

Bids Due 11:00 AM ET Monday, May 6, 2024

Anticipated Award ---- May 2024

3. BIDDER QUESTIONS:

The Town is not liable for interpretations/misinterpretations or other errors or omissions made by the Bidder in responding to this bid. The Bidder shall examine this bid to determine if the Town’s requirements and terms and conditions are clearly stated. If, after examination of the various requirements and terms and conditions of this bid, the Bidder believes there are any requirements or terms and conditions which remain unclear or which restrict competition, the Bidder may request, in writing, that the Town clarify the requirement(s) and terms(s) and condition(s) specified by the Bidder. The Bidder must provide the Section(s), Subsection(s), Paragraph(s), and page number(s) that identify the requirements or conditions questioned by the Bidder.

Requests for clarification, technical questions and approval of alternate products to this bid must be received by the Town no later than the date shown above in Section 2, entitled “Bid Schedule”, under Deadline for Questions. The Bidders’ failure to request clarification and submit questions by the date in the bid schedule above shall be considered to constitute the Bidders’ acceptance of all Town’s requirements and terms and conditions. The Town shall issue addenda reflecting questions and answers to this bid, if any, and shall be posted to the eVP website at North Carolina electronic Vendor Portal.

4. BID CONTACT:

Any and all questions, concerns, request for additional information, and alternate product considerations shall be directed to the Town of Cary, Procurement Division to the attention of:

Kathryn McMillan, Procurement Consultant

Kathryn.McMillan@carync.gov

5. HOW TO PREPARE BID PROPOSALS:

Bidders are encouraged to carefully review all provisions and attachments of this document prior to completion. Each bid constitutes an offer and may not be withdrawn except as provided herein. Also, prices are to remain firm for the period stated herein.

a) PROPOSAL FORM: Submit prices and offers on the BID PROPOSAL FORM(s) provided herein. All bid proposals must be submitted and signed by the supplier or their authorized representative with all erasures or corrections initialed and dated by the authorized representative of the proposal.

i. The bidder shall indicate an approximate delivery date for each line item detail listed on Attachment 1.

https://evp.nc.gov/ mailto:Kathryn.McMillan@carync.gov

ii. The bidder shall submit the subtotal of all goods on the bid proposal form and attach a quote with the line item details for each line listed on Attachment 1.

iii. The bidder shall submit the subtotal of all goods on the bid proposal form and attach a quote with the line item details for each line listed on Attachment 1.

b) SIGNATURE: All bids must be signed by an authorized official of the company on the

Bidders Signature Page. A bid may be rejected if it shows omissions, alterations of form, additions not called for, conditional bid, or any irregularities.

c) TAXES: Do not include taxes in your bid prices. Taxes must be itemized and added to invoices separately when invoicing the Town. The Town is required to pay sales tax. The Town is exempt from Federal Excise Tax and has a Federal Tax number.

d) MINORITY WOMEN BUSINESS ENTERPRISES (MWBE) POLICY: The Town invites and encourages participation in this procurement process by certified Minority and Women-Owned Business Enterprises (MWBE) in accordance with North Carolina General Statute 143-129.

e) SUSTAINABILITY: As stated in the 2017 Cary Community Plan, the Town has a commitment to promoting green practices that will promote an environmentally safe and desirable community for future generations. As such, we recognize our responsibility to minimize negative impacts on human health and the environment while supporting a diverse, equitable, and vibrant community and economy. The Town recognizes that the types of products and services the Town buys have inherent social, human health, environmental and economic impacts, and asks that all vendors and bidders providing and proposing products and services to the Town, be mindful of the Town’s commitment to sustainability and provide and propose products and services that embody this commitment whenever possible.

f) NONDISCRIMINATION POLICY: It is the policy of the Town of Cary to promote the fair treatment of all individuals and provide them freedom from discrimination. No member of a protected class shall be excluded from participation in, be denied the benefits of, or be otherwise subject to discrimination under any program or activity administered by Cary, including programs or activities that are funded in whole or in part with State or Federal funds, such as Coronavirus State and Local Fiscal Recovery Funds.

6. HOW TO SUBMIT BID PROPOSALS:

a) Upload a complete set of your bid on the BID PROPOSAL FORM provided herein to the NC eVP website at North Carolina electronic Vendor Portal.

b) NO PHYSICAL, EMAIL OR FAX BIDS WILL BE ACCEPTED.

7. BID OPENING:

a) The bid opening shall be held virtually via Webex. The meeting is scheduled for 1:55 PM EST (5 minutes prior to the bid opening). If planning to attend, please join the meeting early in case you have trouble connecting.

b) All bidders are welcome to attend the bid opening virtually and can be accessed via the following credentials:

Meeting link:

354-RFB-24-13 Bid Opening https://carync.webex.com/carync/j.php?MTID=m6a6c62f594d821a9a7cfa8e71aef03a6

Meeting number:

2340 560 1136

Password:

s3M7hryP6vW

More ways to join

Join from a video or application

Dial 23405601136@carync.webex.com

You can also dial 173.243.2.68 and enter your meeting number.

Join by phone

+1 919-469-4099 Town of Cary Call-In

Access code: 23405601136

c) All bids will be opened and read at the time shown on the enclosed Bid Proposal Form. No official award will be made during the Bid Opening. LATE BIDS WILL NOT BE OPENED OR ACCEPTED.

d) Bidders may not review or request copies of bids at the Bid Opening. A request must be submitted to the purchasing supervisor via email.

e) If you have difficulty joining or trouble with sound contact Webex and provide them the Meeting number.

f) Bids will be examined by the Purchasing Supervisor and/or Bid Agent of the using department promptly after the opening and an award made as early as possible. No bids may be withdrawn after bid opening.

8. AWARD OF BID:

a) Standard of Bid Award Acceptance: The Town reserves the right to reject any or all bids and to waive any irregularities or technicalities in bids received whenever such rejection or waiver is in the best interest of the Town of Cary. The award shall be made to the lowest, responsive, responsible bidder, or bidders, taking into consideration quality, performance and the time specified in the bid for the performance of the contract.

i. Bids prices received will be viewed per option (a group of materials outlined in Attachment

1) total. The lowest price package that is received by a responsive, responsible bidder, as outlined by North Carolina State Statute, will be awarded the bid.

b) Bid Prices: All items and products proposed in response to this Bid are to be new, in un-used condition unless otherwise noted in the Minimum Specifications. All prices proposed in response to this Bid are to include all transport, freight, fuel surcharges and other fees if applicable and be delivered FOB destination, freight prepaid and allowed to the location provided on the Town Purchase Order if not otherwise instructed within the specifications section. All items are to be packaged, and shipped or delivered safely in a protective carton, fully assembled and serviced, ready for use and operation where applicable or otherwise described within the specifications. All supplies, equipment, and apparatus must meet all Federal, State, and Local safety regulations, requirements, and guidelines, such as OSHA, EPA, US DOT, NC-DOT, NFPA, UL, etc., if so regulated.

c) Order of Precedence: In cases of conflict between sections and provisions within the Bid document, the Order of Precedence will be 1) the Special Conditions section specific to the Bid (if present); 2) the Minimum Specifications section specific to the Bid, 3) the Town of Cary Terms and Conditions;

and 4) the Instructions to Bidders section of the Bid document.

d) Payment Terms: Payment terms of Net 30 days from the date of receipt of correct invoice, or upon acceptance of goods whichever is later, will apply to all invoices. Payment term discounts will be allowed for prompt payments but will not be a consideration for award. All invoices are to be emailed to TownOfCaryAP@IPayables.com; or mailed to the following address: Town of Cary, PO Box 3052, Orem, UT 84057.

e) Bid Award Approval: The Town Manager has delegated authority from the Town Council to award bids for supplies, equipment, and apparatus greater than $90,000. Bids will be approved and awarded by the Town Manager or designee upon the recommendation by the Procurement Department.

9. OBJECTION TO THE SPECIFICATIONS:

It is not the intent of the bid specifications to exclude or limit competition or favor any supplier. If there is an objection to any of the specifications or requirements listed herein, the bidder must notify the Town of Cary Purchasing Supervisor, in writing, stating and listing the specifications and objections, no later than five (5) working days prior to the bid opening date. If a pre-bid meeting has been scheduled, any objections must be presented in writing at that time. The objections stated must pertain both to form and substance of the bid document. Failure to object in accordance with the above procedure shall constitute a waiver on the part of the bidder to protest the solicitation. All concerns, questions, clarifications, or other correspondence must be directed only to the Town of Cary Assistant Manager of Purchasing & Contracts. Information obtained from other sources will not be considered in the evaluation and award of this bid.

10. ERRORS IN BIDS:

Bidders or their authorized representatives are expected to understand the conditions, requirements and specifications before submitting bids. Failure to do so will be at the bidders’ own risk. In case of an error in the extension of prices on the bid, the unit price shall govern.

11. BID OPTIONS:

The Town reserves the right to request pricing on optional equipment or additional items along with the pricing for the main or primary product or items when applicable. At the discretion of the Town, some or all the options requested may or may not be added and purchased based upon necessity and the availability of budgeted funds. The Bid Award will be made to the lowest, responsive, responsible bidder for the main or primary product or items listed on the Bid Proposal Form. Pricing for any additional options will be requested in a separate section of the bid and will not be included in the determination of the Bid Award.

12. QUANTITIES:

The Town of Cary reserves the right to adjust quantities as needed, and to add additional items and/or products as needed, as determined to be in the best interest of the Town. The quantities stated herein, for term or multi-year contracts are estimated, and may change to be more or less over the term of the contract.

13. PRICE ADJUSTMENTS:

For Bids with fixed price contract periods, it is the Town’s intent to contract at a fixed price for a period of a, with an option to extend the contract for two (2) additional one (1) year periods. The price proposed by the Bidder is to remain fixed for the first sixty (60) day period of the contract. Prices for additional extension term periods may be subject to a price increase or decrease if the price adjustment mirrors and reflects a previous industry wide adjustment for the product or item(s) specified in the Bid.

Any price increase or decrease will be adjusted to the latest yearly percentage increase in the All Urban Consumers Price Index (CPI-U) (National) as published by the Bureau of Labor Statistics, U.S. Dept. of Labor, or other appropriate agreed upon price index. The amount of the increase or decrease will be mailto:TownOfCaryAP@IPayables.com determined by the difference between the latest price index available ninety (90) days prior to the end of the current contract year in effect, and the price index for the same month one year prior.

Any requested price increase must be fully documented and submitted to the Procurement Department at least sixty (60) days prior to the Bid contract anniversary date. Any approved price adjustment (increase or decrease) will then become effective upon the anniversary date of the contract at the start of the next term period.

The Town reserves the right to accept or to refuse any documented price adjustment submitted by the vendor/contractor for any reason as determined to be in the best interest of the Town. In the event the Town does not accept the proposed price adjustment for the extended term, the Bid contract will not be renewed, and the Town will rebid the product or item(s). Any Bid contract extension is subject to the continuation of need and usage by the Town and the appropriation of funds.

14. CONTRACT EXTENSIONS:

The Town reserves the right to extend all bid contracts for up to two (2) additional one (1) year periods from the date of the award of the original bid, if agreed upon in writing by the contracted vendor. The contract extension(s) may be for additional quantities or for an additional time period as agreed.

15. TRADE SECRETS:

This Bid document and all Bidders’ responses and proposals received are considered public information, except for trade secrets specifically identified in writing by the Bidder, which will be handled according to State Statute or other laws. Any section of the bidder’s response package that is deemed to be a trade secret by the bidder shall be submitted in an envelope clearly marked “TRADE SECRET INFORMATION- DO NOT DISCLOSE.” The Town shall make a good faith effort to protect such confidential information.

16. BID TABULATIONS:

Bidders wishing to obtain a bid tabulation prior to the award of the bid may view and download tabulations from the North Carolina electronic Vendor Portal (eVP) website at eVP. Tabulations should be posted within 48 hours (two workdays) after the public bid opening. From the Town’s homepage, select the following in order to view bid tabulations: Business and Development, Bids and Proposals, select the link to the North Carolina Interactive Purchasing System, Search Bid Number, enter the desired bid number, and select Search. Bid tabulations only reflect the bids as read at the time of the bid opening and should not be considered an award. It is the Town’s policy to furnish bid tabulations to all bidders.

17. INVOICING:

For prompt payment all invoices must include an accurate Purchase Order Number. Please submit invoices to TOWN OF CARY, PO BOX 3052, OREM, UT 84057 or electronically to TownOfCaryAP@IPayables.com as a PDF attachment. Invoices not submitted following these instructions will result in delayed payment.

18. TERMS AND CONDITIONS:

Acceptance of the Town’s Purchase Order includes acceptance of all applicable Terms and Conditions.

The Town’s Purchase Order Terms & Conditions are provided below for your information.

TOWN OF CARY PURCHASE ORDER TERMS & CONDITIONS

1. Vendor quotes or proposals are referenced for scope and pricing only. These Town of Cary Purchase Order Terms & Conditions exclusively govern this transaction.

2. Cary may, at any time, insist upon strict compliance with these terms & conditions, notwithstanding any previous customer, practice, or course of dealing to the contrary. Acceptance of this order includes acceptance of all Cary terms, conditions, prices, delivery instructions, and specifications as shown on this order or attached to and made part of this order.

3. The conditions of this order cannot be modified except by written amendment in the form of a “Purchase Order Change” which has been approved by Cary’s Purchasing Department.

4. All invoices are to be sent by email to: TownOfCaryAP@IPayables.com; or mailed to the following address: Town of Cary, PO Box 3052, Orem, UT 84057.

5. All invoices must include a unique invoice number and this Purchase Order number. Invoices submitted without unique invoice number or without the correct purchase order number will result in delayed payment.

6. The Vendor must provide separate invoices for each Purchase Order number.

7. Cary is not exempt from North Carolina State Sales Tax of Wake County Sales Tax. These taxes must be correctly itemized on the invoice for payment. Taxes are not listed on the Purchase Order.

8. Cary is exempt from Federal Excise Tax. If any form of such tax is billed on the invoice, it must be shown as a separate item from other taxes. Tac Exemption Certificates will be furnished upon request.

9. Net purchases will be paid 30 days from the date of submitted invoice or upon acceptance of goods, whichever is later. Payment term discounts will be deducted as provided for on the font of this Purchase Order or in accordance with the terms of your official quotation or bid.

10. All packages must bear the correct Purchase Order number on the outside of each package or shipping container.

11. All prices must be F.O.B. Destination and delivered to the destination indicated on the front of the Purchase Order. The Vendor is to prepay the shipping charges and add them to the invoice.

12. The risk of loss and damage to goods which are the subject of this order shall be the Vendor’s responsibility until the goods are delivered to the destination set out in the order and accepted by Cary or its representative.

13. Cary shall not be responsible for any goods delivered without a Purchase Order having been issued.

14. Any rejected materials will be returned to the Vendor at the Vendor's risk and expense.

15. In the event of the Vendor's failure to deliver or perform as specified, Cary reserves the right to cancel the order or any part thereof, without prejudice to its other rights. The Vendor agrees that Cary may return part or all of any shipment and may charge the vendor with all reasonable losses or expenses sustained as a result of such failure to deliver or perform.

16. In case of default of the Vendor, Cary may procure the articles or services from other sources and charge the Vendor damages for any excess costs or other damages caused by the default.

17. It is agreed that the goods, materials, equipment, or services provided shall comply with all Federal, State or local laws, and that the Vendor shall defend actions or claims brought, and hold harmless, Cary, and/or its officials or employees, from loss, cost or damage by reason of actual or alleged failure to comply with such laws.

18. The Vendor acknowledges that it is the policy of Cary to avoid commercial promotion of products used by Cary or the vendors of such products. The Vendor accordingly agrees not to solicit, use, or disseminate commercial advertisement founded upon Cary’s purchase and/or use of the goods which are the subject of this order, and specifically agrees not to seek or use for advertising purposes the endorsement of goods or products by Cary officers or employees.

19. All matters relating to this Purchase Order shall be governed by the laws of the State of North Carolina, without regard to its choice of law provisions, and venue for any action relating to this Contract shall exclusively be Wake County Civil Superior Court or the United States District Court for the Eastern District of North Carolina, Western Division.

20. Notwithstanding any other provisions of this Purchase Order, this Purchase Order and all materials submitted to Cary by the Vendor are subject to the public records laws of the State of North Carolina and it is the responsibility of the Vendor to properly designate materials that may be protected from disclosure as trade secrets under North Carolina law as such and in the form required by law prior to the submission of such materials to Cary. The Vendor understands and agrees that Cary may take any and all actions necessary to comply with federal, state, and local laws and/or judicial orders and such actions will not constitute a breach of the terms of this Purchase Order. To the extent that any other provisions of this Purchase Order conflict with this paragraph, the provisions of this section shall control.

21. Nondiscrimination. To the extent permitted by law, the Vendor, its officers, employees, contractors, agents, successors, or permitted assigns, shall not discriminate against any member of a protected class as defined by federal, state, or local law, including Wake County Code of Ordinances Section 34.01.

22. Indemnity. To the fullest extent permitted by law, except to the extent caused by the sole negligence or willful misconduct of Cary, the Vendor shall indemnify and hold and save Cary, its officers, agents, and employees harmless from liability of any kind, including all claims, costs (including defense) and losses accruing or resulting to any other person or firm or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this Purchase Order, and from any and all claims, costs (including defense) and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by the Vendor in the performance of this Purchase Order. This representation and warranty shall survive the termination or expiration of this Purchase Order. The Vendor shall indemnify and hold and save Cary, its officers, agents, and employees harmless from liability of any kind, including all claims, costs (including defense) and expenses, on account of the use of any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Purchase Order.

23. Force Majeure. Except as otherwise provided in any environmental laws, rules, regulations or ordinances applicable to the parties and the services performed under this Purchase Order, neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by an act of war, hostile foreign actions, nuclear explosion, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. Either party to the Purchase Order must take reasonable measures and implement reasonable protections when a weather event otherwise defined as a force majeure event is forecast to be eligible to be excused from the performance otherwise required under this Purchase Order by this provision. Either party must resume performance of this Purchase Order as soon as is practicable after the end of a Force Majeure event.

24. Cancellation. Cary may terminate this Purchase Order at any time by providing written notice to the Vendor. The Vendor shall cease performance immediately upon receipt of such notice. In the event of early termination, the Vendor shall be entitled to receive just and equitable compensation for costs incurred prior to receipt of notice of termination and for the satisfactory work completed as of the date of termination and delivered to Cary. Notwithstanding the foregoing, in no event will the total amount due to the Vendor under this section exceed the total amount due to the Vendor under this Purchase Order.

25. Miscellaneous. The Vendor shall be responsible for the proper custody and care of any property furnished or purchased by Cary for use in connection with the performance of this Purchase Order, and will reimburse the Town for the replacement value of its loss or damage.

26. E-Verify. The Vendor understands that E-Verify is the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law in accordance with NCGS §64-25 et seq. The Vendor is aware of and in compliance with the requirements of E-Verify and Article 2 of Chapter 64 of the North Carolina General Statutes. To the best of the Vendor's knowledge, any subcontractors employed by the Vendor as a part of this Purchase Order are in compliance with the requirements of E-Verify and Article 2 of Chapter 64 of the North Carolina General Statutes.

27. Performance of Government Functions. Nothing contained in this Purchase Order shall be deemed or construed so as to restrict or inhibit Cary’s police powers or regulatory authority.

28. No Waiver of Immunity. Nothing in this Agreement shall be construed to mandate purchase of insurance by Cary pursuant to N.C.G.S. § 160A-485 or to in any way waive Cary’s defense of governmental immunity from any cause of action alleged or brought against any party for any reason if otherwise available as a matter of law. No officer, agent, or employee of Cary shall be subject to any personal liability by reason of the execution of this Purchase Order or any other documents related to the transactions contemplated hereby.

MINIMUM SPECIFICATIONS

1. GENERAL:

The purpose of this specification is to obtain annual pricing for liquid sodium hydroxide – 50%, also known as caustic soda (referred to henceforth as MATERIAL) from the chemical manufacturer/supply company awarded the bid (CONTRACTOR). The MATERIAL is used at the Cary/Apex Water Treatment Facility.

This SPECIFICATION is to provide the guidelines for establishing annual pricing for the delivery of

MATERIAL.

a) The facility uses approximately 900 dry tons of MATERIAL per year.

- This is estimated annual usage. Actual demand may differ from the estimate and there is no guarantee of purchases totaling this quantity.

b) Bids shall be considered only from bidders who have been established in the business of chemical manufacturing and/or procurement, and delivery for five years or more.

c) The CONTRACTOR shall provide specific information concerning its qualifications to complete the work.

d) Each bidder shall state in their submitted proposal, the name of the manufacturer of the MATERIAL being submitted for bid.

- Failure to disclose this information may result in the rejection of the bid.

e) The CONTRACTOR shall be responsible for all direct correspondence with the Town and shall not delegate communication responsibilities to anyone including subcontractor, consultant, or manufacturer. All information required to be submitted shall be the direct responsibility of the

CONTRACTOR.

f) CONTRACTOR shall protect any adjacent equipment, piping, and utilities, electrical components not associated with the work or the CONTRACTOR’S operation.

g) The CONTRACTOR is responsible for any damage to the Town, and all equipment and materials used for this project caused by carelessness, neglect, abuse, or unqualified and/or unlicensed personnel.

Any damage to equipment, piping, electrical system, etc., caused by CONTRACTOR operations shall be repaired to original or better condition at no cost to the TOWN.

h) The CONTRACTOR shall submit with their bid a Material Safety Data Sheet (MSDS) and product specification sheet for the MATERIAL being bid.

2. MATERIAL SPECIFICATION

The CONTRACTOR shall supply liquid caustic free from extraneous and objectionable materials and shall be transported and delivered at such concentration and temperature that no freezing occurs.

a) MATERIAL shall be suitable for feeding by means of metering pumps and other metering devices constructed of corrosion-resistant materials.

b) The chemical properties shall be as follows:

Sodium Oxide Na2O 38.0 - 39.9 % Sodium Hydroxide NaOH 49.0 – 51.5 % Sodium Chloride NACl 0.01 % Max Sodium Carbonate Na2CO3 0.1 % Max Sodium Sulfate Na2SO4 0.015 % Max Sodium Chlorate NaClO3 0.0065 % Max Iron Fe 5.0 ppm Max

c) The price and billing price on MATERIAL shall be on the per dry ton basis and all billings shall be adjusted to this figure.

d) MATERIAL supplied under this contract shall be in strict accordance with AWWA Standard for Sodium Hydroxide - Liquid, B501-08, or latest revision, for drinking water treatment and ANSI/NSF Standard 60.

The bidder shall provide proof that said product is approved for potable water treatment and meets ANSI/NSF STANDARD 60 and the AWWA specification listed.

e) MATERIAL submitted for this bid shall be domestically produced from domestic raw materials, without exception. All material furnished by the successful bidder throughout the contract period shall be domestically produced from domestic raw materials, without exception.

f) The Town of Cary reserves the right to add or delete specific impurity listings as is required to meet all USEPA, SDWA, and NCDEQ water quality standards, and any newly regulated maximum contaminant level (MCL) which may be passed into law during the life of this contract. The vendor shall comply with any such changes that are required to its MATERIAL, by whatever process changes that require, at no additional cost to the Town.

3. MATERIAL CERTIFICATION

An affidavit from the manufacturer or vendor must be submitted with their bid, certifying MATERIAL submitted for this bid is in strict compliance to all applicable requirements of these specifications.

a) Failure to submit proper certification may result in rejection of bid.

b) The person(s) authorized to certify the affidavit of compliance for the bidder shall be as stated in the

Request for Bid Submittal form (Page 1).

c) The affidavit of compliance shall specify:

- % total iron

- % ferrous iron

- % free sulfuric acid

- liquid specific gravity

d) A certified independent laboratory report must accompany all bids submitted for consideration.

e) The affidavit of compliance tender documents shall accompany each delivery.

4. PACKAGING and SHIPPING

The MATERIAL must be shipped in clean, suitable trucks. Trucks used to deliver MATERIAL shall be rubber-lined or made of stainless steel (or other suitable material) that will not be attached by the chemical properties of the liquid.

a) Tanker trucks shall be in suitable condition for hauling MATERIAL and shall not contain any substances that might affect the use or usefulness of MATERIAL in treating municipal water supplies.

b) The bulk shipments must be accompanied by certified weight certificates.

c) MATERIAL shall be delivered in tank truck quantities of approximately 4,000 - 4,500 gallons.

5. DELIVERY REQUIREMENTS

MATERIAL shall be delivered by bulk tanker trucks designed and licensed to transport the MATERIAL. All tanker trucks used shall comply with all safety regulations specified by North Carolina Department of Transportation.

a) This product is regulated by the “Hazard Communication Standard” issued by the Occupational Safety and Health Administration. The CONTRACTOR shall fully comply with all federal, state, and local regulations regarding product labeling, packaging and safety including providing Safety Data Sheets with each shipment.

b) The CONTRACTOR shall be able to provide delivery within forty-eight (48) hours of notification by the Town that re-supply is needed. The successful bidder shall also be able to provide shipping on consecutive days if desired by the Town.

c) The truck driver shall have all safety equipment necessary as required by OSHA for the handling of caustic soda when making delivery. The transfer of chemicals from the tanker truck shall be considered the responsibility of the successful bidder and the tanker truck operator.

- All truckers shall report to the Operator in charge on every delivery and obtain their approval prior to starting the unloading operations. Plant personnel must be present at all times during unloading.

d) All tanker and appurtenant valves used for the delivery of MATERIAL under this agreement must be in good mechanical order and shall be in full compliance with the applicable requirements of all current Hazardous Material Regulations. Tanker trucks making deliveries shall be equipped with suitable unloading devices and sufficient discharge hose to transfer the MATERIAL from the truck to the storage tank which has a 2” quick-disconnect connection.

e) Any tanker truck found leaking chemicals shall not be allowed to depart the facility until appropriate repairs are made by the successful bidder or his designated representative. Any tanker truck found leaking chemicals shall be considered as an emergency requiring immediate attention by the

CONTRACTOR.

f) The CONTRACTOR and truck operator shall be responsible of cleanup of all spillage, contaminated matter, and the removal of all contaminated cleanup material. The contractor will be notified immediately of any spillage that is not cleaned up by truck driver.

g) The CONTRACTOR will be required to follow all Town of Cary security measures and procedures.

h) Service Point: Cary/Apex Water Treatment Facility, 1400 Wimberly Road, Apex, NC 27523

i) Delivery Time: 7:00 AM - 4:00 PM, Monday – Friday

j) Special Requirements needed for delivery of MATERIAL at the site include:

- 2” quick-disconnect fittings

- at least 30' discharge hose

- air compressor or pump on truck in working condition

- OSHA required safety equipment

- Town employee must be present during unloading

6. CONTACT

Contacts for delivery are:

Jonathan Brinson, WTP Operations Supervisor Jonathan.brinson@carync.gov Ryan Lambert, WTP Manager ryan.lambert@carync.gov

Phone 919-362-5502

7. PRODUCT INSPECTION

The TOWN reserves the right to have any shipment of MATERIAL inspected. If the MATERIAL delivered does not meet the requirements of the specifications herein the CONTRACTOR shall reimburse the TOWN for the cost of replacement.

a. The TOWN will sample and test any shipment to determine the concentrations of active ingredients mailto:ryan.lambert@carync.gov or potential contaminants.

b. Upon request the bidder shall provide instructions in writing for the laboratory procedures required to perform the test for the determination of active ingredients.

c. The CONTRACTOR will assist by collecting samples from the delivery vehicle or vessel.

8. PRODUCT REJECTION

Town reserves the right to analyze each truck load of MATERIAL upon arrival at the destination and reject such MATERIAL for failing to meet one or more of the above specifications.

a) All freight charges on rejected material shall be paid for by the CONTRACTOR.

9. COMMITMENT of SUPPLY

Each bidder must demonstrate to the Town of Cary that the Town will continue to receive an un-interrupted supply of product as required during the contract period.

a) A letter of product commitment stating that sufficient material is available from the producer listed on the cover sheet, must be enclosed with the bid, showing the committed volume of product to cover the annual quantity required, and the ending date of the contract.

10. REFERENCES

Each bidder shall submit a list of at least three (3) references from large municipal water utilities for which the MATERIAL being bid is or has been supplied by the bidder. (See Attachment 1)

a) References shall include name of utility, name of primary contact for the utility, and current contact information.

b) This reference list must be submitted with the bid. Failure to submit this reference list may result in rejection of bid.

11. BID SPECIFICATION COMPLETION INSTRUCTIONS:

All text fields or blanks must be responded to in the returned bid submittal form (page 1). Failure to complete this information will indicate a non-responsive bid.

12. MEETS OR EXCEEDS SPECIFICATIONS:

Please check the appropriate “YES” or “NO” box on the bid submittal form, indicating that the items being bid does meet or does not meet the specification as written herein. Checking the “NO” field indicates that the bidder does not meet the specification as requested and is taking an exception. All exceptions must be explained in detail as per below.

13. EXCEPTIONS TAKEN TO SPECIFICATIONS:

Any exceptions to the original bid specifications must be submitted in writing during the question and answer period and will be approved or denied via addendum. Bidders must note clearly any and all approved exceptions taken to the specifications as an attachment within their submitted bid. The specifications were not written to intentionally eliminate any one bidder. Bidders must note differences as an “Exception” and attach detail information explaining how the exception is “equal to” or “exceeds” the intent of the specification.

All exceptions and items submitted as an equal will be evaluated. The Town reserves the right to reject any and all bids and to waive any irregularities or technicalities in bids received whenever such rejection or waiver is in the best interest of the Town of Cary. All Exceptions taken to the specifications must be indicated by checking the “NO” field on the bid submittal form (page 1) and be explained individually in detail on an attached sheet and submitted with your bid. If there is an objection to any of the specifications or requirements listed herein, the bidder must notify the Town of Cary Purchasing Supervisor, in writing, stating and listing the specifications and objections, no later than five (5) working days prior to the bid opening (as per Page 6 – Sec. 9- “Instructions to Bidders”).

ATTACHMENT 1

MUNICIPAL REFERENCES

Please provide a minimum list of three (3) references of current or prior large municipal water utility to whom the liquid ferric chloride being bid is or has been supplied.

Name of Utility ____________________________________________________________________ Address __________________________________________________________________________ Contact Person ___________________________________________________________________

Telephone ____________________ E-mail: _____________________________________________ Delivery Dates ____________________________________________________________________

Approximate Annual Quantity _________________________________________________________

Name of Utility _____________________________________________________________________

Address ___________________________________________________________________________

Contact Person ____________________________________________________________________

Telephone ______________________ E-mail: ____________________________________________ Delivery Dates _____________________________________________________________________

Approximate Annual Quantity __________________________________________________________

Name of Utility _____________________________________________________________________ Address ____________________________________________________________________________

Contact Person _____________________________________________________________________

Telephone ______________________ E-mail: _____________________________________________

Delivery Dates ______________________________________________________________________

Approximate Annual Quantity ___________________________________________________________