Sodium Bioxide Delivery 2026.pdf

Town of Killingly

WPCF

Sodium Bioxide, Delivery

31 Wauregan Road

Killingly Ct 06239

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Information for Bidders

Bid Proposal

Contract

General Requirements/Specifications

Brian Palaia

Town Manager

June 4, 2026

Engineering/https://killingly.sharepoint.com/sites/Engineering/Shared Documents/General/WPCF/RFPs/Chemicals/Sodium Bioxide - Ready/Sodium Bioxide Delivery

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LEGAL NOTICE FOR

Town of

KILLINGLY CONNECTICUT

172 Main Street

Killingly Connecticut 06239

Notice to Contractors:

Sealed bids for suppling labor, equipment and services required for the following project will be received by the Town of Killingly, Connecticut at the Office of the Town Engineer, Killingly Town Hall, 172 Main Street Killingly, CT. 06239, until 10:00 AM, Monday, July 13, 2026, after which time they will be publicly opened and read in the Town Meeting Room of the Killingly Town Hall located at 172 Main Street Killingly Connecticut 06239.

A site walk is available upon request; contact Joseph Couture, Assistant Facility Superintendent, directly to schedule a time: wpcf@killinglyct.gov or (860) 779-5392.

The Town of Killingly hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, any disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation, and that they will not be discriminated against on the grounds of race, color, national origin or sex in consideration for an award.

Specifications for the above project may be examined in the Killingly Engineering Office located at 172 Main Street or the Towns website www.killingly.gov/departments/finance/pages/bids_and_rfps.php or the CTSource website https://portal.ct.gov/DAS/CTSource/ctsource. Only one unaltered proposal will be submitted to the Town.

All bidders are required to inform themselves fully of the conditions relating to supplying the equipment specified, construction and labor under which the work will be or is now being performed. The Contractor shall employ, as far as possible, such methods and means in the carrying out of this work and will not cause interruption or interference with any other Contractor.

The Town of Killingly reserves the right to reject any or all bids, to waive informalities and technical defects, and to award a contract, if at all, to the lowest responsible and qualified bidder as determined by the Town of Killingly, in its sole discretion to be in the Town’s best interests.

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Request for Proposal (RFP)

Town of Killingly, Connecticut 172 Main Street, Killingly, CT 06239

Project: Sodium Bioxide, Delivery Bid Opening Date/Time: Monday, July 13, 2026, at 10:00 AM Location: Killingly Town Hall, Town Meeting Room, 172 Main Street, Killingly, CT 06239

1. Introduction

The Town of Killingly, Connecticut (“Town”) invites sealed proposals from qualified contractors to provide Sodium Bioxide, Delivery, located at Killingly Water Pollution Control Facility

(“KWPCF”).

The goal of this contract is to ensure reliable operation, compliance with safety standards, and minimal downtime.

The KWPCF typically consumes approximately 2,000 gallons of Sodium Bioxide annually, with deliveries generally received in quantities of 1,000 gallons per shipment. Actual usage and delivery frequency may vary depending on operational conditions.

2. Preparation and Submission of Proposals

The Proposal must be made upon the forms contained herein. The blank spaces in the Proposals must be filled in correctly where indicated. The Bidder must state, both in words and in numerals, written or printed in ink, the prices for which he proposes to do each Item of the work contemplated. In case of discrepancy between the words and the numerals, the words shall govern.

Ditto marks are not considered writing or printing and shall not be used. The Bidder shall sign their Proposal correctly. If an individual makes the Proposal, their name and post office address must be shown. If made by a firm, partnership, or corporation, the Proposal must be signed by an official of the firm, partnership, or corporation authorized to sign contracts, and must show the post office address of the firm, partnership, or corporation.

Sealed proposals will be received by 10:00 AM on Monday, July 13, 2026, at the Office of the Town Engineer, Killingly Town Hall, 172 Main Street, Killingly, CT 06239.

Proposals received after this time will not be accepted.

Proposals will be publicly opened and read aloud immediately following the deadline in the Town Meeting Room.

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Each proposal must be submitted in a sealed envelope clearly marked:

“Proposal – Sodium Bioxide, Delivery” [Name of Bidder]

If sent by mail, the sealed proposal must be enclosed in a separate mailing envelope addressed to:

Town Engineer, Town of Killingly, 172 Main Street, Killingly, CT 06239.

3. Familiarity of the Work

Each Bidder shall fully inform themself prior to bidding as to existing conditions and limitations under which the work is to be performed and shall include in their bid a sum to cover the total cost of items necessary to perform the work as set forth in the Contract Documents.

No allowance will be made to a Bidder because of lack of such examination or knowledge. The submission of a bid will be considered as conclusive evidence that the Bidder has conducted such an examination.

There is no expressed or implied agreement that the character of the material(s) has been correctly indicated, and the Bidder is cautioned to consider that condition affecting the work may differ from those indicated.

The Town assumes no responsibility whatsoever with respect to ascertaining for the Contractor such facts concerning physical characteristics at the site of the project.

The Contractor agrees that he shall make no claim for and has no right to additional payment or extension of time for completion of the work, or any other concessions, because of any interpretations or misunderstanding on his part of this Contract, or because of any failure on their part to fully acquaint himself with all conditions relating to the work.

4. Qualification of Bidders

A Bidder shall be a Contractor who is experienced in projects of this type. The Proposal shall contain adequate proof of the qualifications of the Bidder to perform, in a satisfactory manner and within the time specified, all the work covered by the Specifications. This proof shall be fully recorded on the pages titled “References”, which shall become part of the Proposal.

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5. Disqualification of Bidders

More than one proposal from an individual, firm, partnership, corporation, or an association under the same or different names will not be considered. Reasonable grounds for believing that any Bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such Bidder is interested. Any or all proposals in which such Bidder is interested will be rejected if there is reason for believing that collusion exists among the Bidders;

and all participants in such collusion will not be considered in future proposals for the same work.

Proposals in which the prices are obviously unbalanced may be rejected No Contract will be awarded except to competent Bidders capable of performing the class or work contemplated.

6. Site Walk (Optional)

A site walk may be scheduled upon request. Contact Joseph Couture, Assistant Facility Superintendent, at wpcf@killinglyct.gov or (860) 779-5392 to arrange.

7. Contract Term

The initial term is 12 months, beginning July 1, 2026.

The contract may be automatically renewed for up to two (2) additional one-year terms, unless either party provides written notice of termination at least sixty (60) days prior to expiration.

Contractors must clearly stipulate any proposed annual price adjustments in their proposals.

All bidders are required to inform themselves fully of the conditions relating to supplying the equipment specified, construction and or labor under which the work will be or is now being performed. The Contractor shall employ, as much as possible, such methods and means in the carrying out of this work and will not cause interruption or interference with any other Contractor.

8. Withdrawal of Proposals

If a Bidder wishes to withdraw their Proposal, they may do so before the time fixed for the opening of bids by communicating their purpose to the Town Engineer. Upon such notice, the Proposal will be handed to them unopened.

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9. Execution of Contract

The party to whom the Contract is awarded, or their authorized representative, will be required to attend at the office of the Town Engineer, Town of Killingly with the sureties offered by them, and a current certificate of Corporate good standing issued by the Office of the Secretary of State in which the corporation is incorporated, and execute the Contract within ten (10) days from the date of the award. If the party entering into this contract is a corporation, a Corporate Resolution duly executed by the president and Secretary of the Corporation authorizing the Corporation to enter into this Contract shall be provided. In case of failure or neglect to do so, the Town may, at its discretion, determine that the Bidder has abandoned the Contract and thereupon the Proposal and acceptance shall be null and void, and bid security accompanying the Proposal shall be forfeited as liquidated damages to the Town. If the party entering into this contract is a partnership, a partnership resolution duly executed by a majority of the general partners authorizing the partnership to enter into this contract shall be provided.

10. Bonds

Bonding is not required for this project.

11. Care and Protection of Property

The Contractor shall take particular care to avoid damages to all private and public property. They shall make good any damages to the satisfaction of the Inspector. There shall be no additional compensation for the repair or restoration of private or public property.

12. Sales Tax

Certain materials and suppliers incorporated in the work of this project are exempt from Connecticut Sales Tax. The Bidder shall familiarize themself with current regulations of the State Tax Department. The tax on materials or supplies exempted by such regulations shall not be included as part of the bid. The Town will furnish the successful Bidder a sales tax exemption number.

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13. Compliance with Federal and State Regulations

The Contractor shall be responsible for full compliance with any Federal and/or State laws, regulations and standards.

14. Liquidated Damages

If the Contractor fails to perform the required services, including but not limited to timely delivery of the product, in accordance with the terms of this contract, and the Town incurs additional costs as a direct result of such failure, the Contractor shall be liable for liquidated damages in an amount equal to the additional costs incurred by the Town.

These costs may include, but are not limited to:

Procurement of emergency supply from another vendor at a higher price, Additional labor or overtime required by Town staff, or Any other reasonable expenses directly attributable to the Contractor’s failure to perform.

No liquidated damages will be assessed unless the Town demonstrates and documents that additional costs were incurred.

19. Equal Opportunity

The Town hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, any disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation, and that they will not be discriminated against on the grounds of race, color, national origin or sex in consideration for an awarded contract.

20. Availability of Documents

Specifications, bid forms, and contract documents may be obtained from:

Town of Killingly website:

www.killinglyct.gov/departments/finance/bids_and_rfps.php

CTSource website: https://portal.ct.gov/DAS/CTSource/ctsource Office of the Town Engineer, Killingly Town Hall, 172 Main Street, Killingly, CT 06239

21. Addenda and Interpretations

No interpretations of the meaning of the Specifications, or other pre-bid documents will be made to any Bidder orally.

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Every request for such interpretation shall be in writing, addressed to the Town Engineer, 172 Main St. Killingly, Connecticut 06239. To be given consideration, such requests must be received at least ten (10) days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications, which, if issued, will be posted on the Town Website and the CTSource website not later than four

(4) days prior to the date fixed for the opening of bids. Failure of any Bidder to receive any such addendum or interpretations shall not relieve such Bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents.

22. Right to Reject

The Town reserves the right to reject any or all proposals if they show any omission, alteration of form, additions not called for, conditional proposals, waive informalities, and award a contract, if at all, to the lowest responsible and qualified bidder deemed to be in the best interests of the Town.

23. Contact Information

For questions or site access:

Joseph Couture – Assistant Plant Superintendent Email: wpcf@killinglyct.gov Phone: (860) 779-5392

Attachments (Included in Full RFP Package)

Appendix A - Scope of Work Page 9 Appendix B – Information for Bidders Page 13 Appendix C – Proposal & Bid Forms Page 14 Appendix D – Non-Collusion Affidavit Page 16 Appendix E – References Page 18 Appendix F – General Requirements & Specifications Page 20 Appendix G - Purchase Order Requirements Page 21 Appendix H - Acknowledgement of Addenda Page 29 Attachment 1 – Facility Map Page 30

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Appendices – Technical Sections

Appendix A – Scope of Work

Sodium Bioxide, Delivery

A.1 Purpose

The purpose of this Scope of Work is to define the requirements and responsibilities for the safe, reliable, and compliant delivery of product to designated Town facilities.

A.2 Scope of Services

The Contractor shall furnish all labor, equipment, materials, transportation, and incidentals necessary to provide timely delivery of Sodium Bisulfite under the following conditions:

A.2.1 Routine Delivery Services

Deliver product in bulk as required by the Town to specified storage tanks.

Ensure product is fresh, stabilized, and within industry-accepted specifications for strength and purity.

Provide calibrated meters or documentation verifying delivery quantities.

Ensure all delivery vehicles are properly placarded, maintained, and compliant with DOT requirements.

Prevent contamination by following proper transfer and connection procedures.

Provide Material Safety Data Sheet (MSDS/SDS) with each delivery.

A.2.2 Emergency Delivery Services

Provide emergency delivery services 24/7.

Emergency deliveries must be made within twenty-four (24) hours of request unless otherwise agreed upon.

Supply product in sufficient quantity to ensure uninterrupted facility operations.

A.2.3 Documentation and Reporting

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Provide delivery tickets including: date, time, delivery location, volume delivered, and driver signature.

Maintain records of all deliveries and make them available upon request.

Certify that all product delivered meets NSF/ANSI Standard 60 for drinking water treatment chemicals.

Provide annual certification of compliance with all relevant state and federal regulations.

A.2.4 Health, Safety, and Environmental Compliance Contractor shall comply with all OSHA, DOT, CT-DEEP, EPA, and applicable local safety regulations.

All staff must be trained in spill prevention, response, and safe handling of hazardous materials.

In the event of a spill, the Contractor is responsible for immediate cleanup, proper disposal, and required notifications to regulatory agencies and the KWPCF.

Contractor must provide appropriate Personal Protective Equipment (PPE) for employees and ensure its use at all times during delivery.

A.2.5 Performance Standards Consistent, on-time delivery according to the Town’s operational requirements.

No contamination, dilution, or substitution of chemical product.

Maintain open communication with KWPCF staff regarding scheduling, delays, or issues.

Zero tolerance for unauthorized discharge, dumping, or mishandling of product.

A.2.6 Term of Contract This agreement shall begin on July 1, 2026 and continue through June 30, 2027, with two

(2) optional annual renewals upon mutual agreement.

A.2.7 Payment Terms Payment will be made based on satisfactorily completed delivery.

Invoices must be submitted within thirty (30) days of completion of delivery.

Specifications

A.1.S Facility Access

Normal business hours for KWPCF are 7:00 a.m. to 3:30 p.m. Delivery hours are strictly enforced between the hours of 7:00 am and 2:00 pm. Access to the facility shall be limited to these hours.

No entry shall be permitted outside of normal business hours for routine deliveries. Exceptions shall be granted only in the event of a bona fide emergency and with prior authorization from the Owner.

A.2.S Contractor Qualifications

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Contractors must demonstrate the following minimum qualifications to be considered:

Experience: Minimum of five (5) years of proven experience in the bulk delivery of product or comparable water/wastewater treatment chemicals.

Regulatory Compliance: Fully licensed and permitted to transport hazardous materials in accordance with DOT, OSHA, CT-DEEP, and EPA regulations.

Safety Training: All drivers and delivery personnel must hold current HAZMAT endorsements and be trained in chemical handling, spill response, and personal protective equipment (PPE) use.

Certifications: Product supplied must meet NSF/ANSI Standard 60 certification for drinking water treatment chemicals.

Insurance: Maintain general liability, auto liability, workers’ compensation, and pollution/environmental impairment liability insurance with coverage acceptable to the Town.

References: Provide at least three (3) references from comparable municipal water or wastewater treatment facilities for which similar Sodium Hypochlorite delivery services are currently performed.

Equipment: Maintain a fleet of properly placarded, well-maintained delivery vehicles equipped with calibrated metering systems for accurate product transfer.

A.3.S Product Quality Requirements

All Sodium Bioxide delivered under this contract must meet the following specifications:

Concentration: Sodium Bioxide solution must contain 30% ± 1% by weight (or as specified by the Town) at the time of delivery.

Purity: Product shall be free from contaminants, sediment, or foreign material that may impair treatment processes or damage facility equipment.

Freshness/Stability: Product must be manufactured within 60 days of delivery to minimize degradation and ensure stability.

Certification: All product supplied must be NSF/ANSI Standard 60 certified for use in drinking water treatment applications. Documentation of certification must be provided annually or upon request.

Packaging/Delivery: Product shall be delivered in bulk via tanker truck, transferred to Town storage tanks using clean, sealed transfer equipment to prevent contamination.

Documentation: Contractor shall provide a Certificate of Analysis (COA) or equivalent documentation with each delivery, including date of manufacture, concentration, and batch number.

Rejection of Product: The Town reserves the right to reject any delivery that does not meet the above specifications at no additional cost to the Town.

A.4.S Delivery and Acceptance Procedures

All product deliveries shall follow these procedures to ensure product quality, safety, and accountability:

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1. Scheduling & Notification o Deliveries will be scheduled in advance by the KWPCF Operations Staff.

o Contractor shall provide at least 24-hour notice prior to routine deliveries.

o For emergency deliveries, Contractor shall notify staff immediately upon dispatch.

2. Check-In Requirements o Drivers must check in with KWPCF personnel upon arrival.

o Delivery vehicles must be properly placarded in accordance with DOT regulations.

o Drivers shall present delivery documentation, including bill of lading, Safety Data

Sheet (SDS), and Certificate of Analysis (COA).

3. Transfer of Product o Product shall be transferred into Town-owned storage tanks using clean, sealed, and properly maintained transfer hoses and equipment.

o Contractor is responsible for ensuring secure connections and preventing leaks or spills.

o Delivery personnel must remain on-site and monitor the transfer process until completion.

4. Sampling & Verification o KWPCF personnel reserve the right to obtain a sample of each delivery for verification of concentration and quality.

o Deliveries may be rejected if testing or documentation indicates the product does not meet contract specifications.

5. Completion & Sign-Off o At the end of delivery, Contractor shall provide a signed delivery ticket showing:

Date and time of delivery Quantity delivered (in gallons, verified by calibrated meter) Product batch/lot number o KWPCF staff will countersign to acknowledge receipt of product.

6. Non-Compliance o The Town reserves the right to refuse any delivery that does not meet required product quality, safety, or documentation standards.

o Any rejected delivery must be removed from Town property by the Contractor at no additional cost

A.5.S Termination for Cause

The Town reserves the right to terminate this contract, in whole or in part, for cause if the Contractor:

1. Fails to Perform Services o Repeatedly fails to make deliveries in accordance with the agreed schedule or within the required emergency response timeframe.

2. Delivers Non-Conforming Product o Provides Sodium Bisulfite that does not meet the required concentration, certification, or quality standards on two (2) or more occasions.

3. Fails to Comply with Regulations

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4. Fails to Maintain Insurance or Licenses o Fails to maintain the insurance coverage, certifications, or licenses required under this contract.

5. Fails to Correct Deficiencies o Does not remedy a material breach of contract or deficiency in performance within ten (10) calendar days after written notice from the Town.

Upon termination for cause:

The Town may procure replacement services from another contractor.

The terminated Contractor shall be liable to the Town for any excess costs incurred in securing such replacement services.

Liquidated damages, if applicable, shall still apply in addition to other remedies.

Appendix B – Information for Bidders

B.1 Proposal Submission

1. Proposals must be submitted in sealed envelopes clearly marked:

“Proposal - Sodium Bioxide, Delivery”

[Name of Bidder]

2. Sealed proposals must be received by the Office of the Town Engineer, Town of

Killingly, 172 Main Street, Killingly, CT 06239 no later than 10:00 AM, July 13, 2026.

3. Late proposals will not be considered.

B.2 Work Locations

1. Killingly Water Pollution Control Facility, 31 Wauregan Road, Killingly CT

B.3 Proposal Contents

Each submission must include:

Completed Bid Form (Appendix B) Bid Bond or Certified Check in the amount of 10% of the bid Non-Collusion Affidavit (Appendix C) References (Appendix D)

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Any additional supporting documentation required

B.4 Award of Contract

The contract will be awarded to the lowest responsible and qualified candidate, provided it is in the Town’s best interest.

The Town reserves the right to reject any or all bids or waive informalities.

Appendix C – Proposal & Bid Forms

C.1 Bid Schedule

Bidders shall provide detailed pricing for the following services:

1. Routine Delivery Services – Scheduled bulk delivery of product to designated Town facilities. Pricing shall be based on cost per gallon delivered, including transportation, handling, and all incidental charges.

2. Emergency Delivery Services – After-hours or unscheduled emergency delivery of product, with a required delivery time of no more than four (4) hours from request. Pricing shall be clearly identified as separate from routine delivery.

3. Ancillary Charges – Any additional charges such as fuel surcharges, demurrage, minimum load fees, or other applicable costs. These must be listed as separate line items.

C.2 Signature & Acknowledgment

Bids must be signed by an authorized officer of the company and include acknowledgment of receipt of all addenda.

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Proposal & Bid Form

Town of Killingly – Water Pollution Control Facility

Bidder Information

Company Name ___________________________________________

Address ___________________________________________

Contact Person ___________________________________________

Phone ___________________________________________

Email ___________________________________________

Schedule of Prices

Service Description Unit Price Extended Price Notes/Additional Charges

Routine bulk delivery Includes transportation, handling, and incidental cost.

Emergency Delivery Clearly identify rate basis (per gallon, flat rate, or both).

Ancillary Charges Must be listed as separate items.

Yearly Price Increases Year 2 increase in % - ______________ Year 3 increase in % - ______________

Bidder Certifications

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1. The undersigned agrees to furnish all labor, materials, equipment, and services required in accordance with the bid documents.

2. The undersigned has examined the specifications, site, and conditions of work, and submits this proposal fully informed.

3. The bid is valid for sixty (60) days from the date of opening.

Total Bid Amount: $ ___________________

Total Bid Amount in Words: ____________________________________________________

It is understood that the written total of bid items in words will control, by any contract which may be awarded arising from this bid. It is further understood that the unit price will control payment to the bidder. (Ie. The bidder will be paid for the work performed). The Town reserves the right to disseminate and calculate the bids in whatever manner they see fit that will be in the best interest of the Town.

Signature of Bidder: _____________________________

Appendix D – Non-Collusion Affidavit

Each bidder shall submit a signed affidavit stating:

1. The proposal is genuine and not made in the interest of any other bidder.

2. The bidder has not colluded with any other bidder to fix prices or restrict competition.

A sample affidavit form will be provided for bidder completion.

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NON-COLLUSION AFFIDAVIT

This Affidavit must be completed, notarized and attached to your Bid Proposal. Failure to do so will result in the rejection of your Bid. A separate Affidavit must be submitted by each principal of a joint venture.

Project Name. _________________________________________________________________________

Federal Aid Project No. _________________________________________________________________

City/Town. ___________________________________________________________________________

Description of Project: ____________________________________________________________

I, , acting in behalf of (Name of Party Signing Affidavit)

Of which I am (Person, Firm, Association, Corporation or Organization) the , submitting a bid for the above project, certify and affirm in (Title of Person) accordance with Section 112© of Title 23, U.S. Code Highways that

(Person, Firm, Association, Corporation or Organization)

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Name of Corporation or Firm

Signature and Title of Official Making the Affidavit

Subscribed and sworn to before me, this day of ____________________________, 2026.

Notary Public/Commissioner of the Superior Court

My Commission Expires

Appendix E – References

Each bidder must provide:

1. A minimum of three (3) references for contracts of similar scope (e.g. delivering hazardous materials, or municipal contracts).

2. References must include:

o Organization name o Contact person o Address, phone number, and email o Contract terms and description of services performed

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References

The Bidder is required to fill out the following form to enable the Owner to make inquiries and judge as to the Bidder's experience, skill, available financial resources, credit, and business standing.

1. Number of years the bidder has been in business delivering product:

2. List of three Facilities of similar nature that the Bidder has performed said services, include name, address, and telephone number of a reference for each municipality:

3. Has the Bidder ever failed to complete work awarded; if so, state where and why:

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4. Does the Bidder plan to sublet any part of this work; if so, give details:

5. If applicable list equipment Bidder owns that is available for this contract:

6. List equipment Bidder plans to rent or purchase for this contract:

7. List name, address and telephone number for the following:

Surety:

Bank:

Bidder Signature

Name:

Title:

Appendix F – General Requirements & Specifications

F.1 Scope of Services

The Contractor shall furnish all labor, equipment, materials, transportation, and incidentals necessary to provide safe, reliable, and regulatory-compliant delivery of product

Supply qualified personnel trained in handling and transporting hazardous chemicals in accordance with OSHA, DOT, and EPA regulations.

Provide appropriate containers, pumps, and approved delivery equipment.

F.2 Service Requirements

1. Routine Delivery: Product deliveries shall be performed on a schedule agreed upon with the KWPCF, typically on a recurring basis (weekly, bi-weekly, or monthly, as specified in the contract).

2. Emergency Service: Contractor must respond within two (2) hours of notification for urgent delivery or spill response. Failure to respond in a timely manner may incur liquidated damages as stated in Section 18, page 9.

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3. Service Hours: Normal facility delivery hours are 7:00 am – 2:00 pm, unless otherwise approved by the KWPCF.

F.3 Equipment & Materials

Contractor must provide vehicles, trailers, pumps, and other equipment capable of safely transporting and offloading Sodium Bisulfite.

All equipment must comply with federal, state, and local regulations for hazardous chemical transport, including DOT and EPA standards.

Contractor shall provide proper personal protective equipment (PPE) and spill containment measures for all deliveries.

F.4 Contract Term

Initial term: 12 months beginning July 1, 2026.

Renewal: Up to two (2) additional one-year extensions, unless either party provides 60 days’ written notice.

Bidders must specify any proposed annual price adjustments in their submission.

F.5 Fuel Surcharge Policy

A Fuel Surcharge Clause will be included in the contract.

Adjustments shall be based on the Consumer Price Index (CPI) – Diesel Fuel Index

(New England PADD 1A), or an equivalent measure mutually agreed upon.

The calculation method must be submitted with the bid.

Appendix G – Purchase Order Requirements

TOWN OF KILLINGLY

PURCHASE ORDER TERMS AND CONDITIONS

1. Agreement. No changes, conditions or agreements other than those stipulated herein are to govern this purchase order (“Order”) unless expressly made in writing and mutually agreed to.

Acceptance of this Order constitutes acceptance of all conditions stated herein.

2. Prices. This Order shall not be filled at prices or fees higher than those shown on the Order without the written authority of the Purchaser. If this Order is not priced, it shall not be filled at prices higher than those last quoted or charged the Purchaser, unless prices shall have been authorized in writing by the Purchaser. The Purchaser shall be protected against declining prices on the undelivered portion of this Order. Seller may elect to meet price reductions, but if Seller should refuse to do so, the Purchaser shall have the right to cancel any or all of the balance due on this Order without cost or penalty.

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3. Invoices. No invoice shall be delivered by the Seller to any employee of the Town of Killingly. All invoices, in duplicate, shall be mailed to: Town of Killingly, WPCF, 31 Wauregan Rd, Killingly, CT 06239, unless instructed to do otherwise in writing.

4. Delivery. Time is of the essence in the Seller’s fulfillment of the Order. Delays in shipment shall be reported immediately by the Seller to the Purchaser. The Seller shall, however, be granted an extension of time to perform the Order in the event of unusual delays in the production of equipment and/or materials or unusual delays in shipping not the fault of the Seller. Prices are considered “FOB Jobsite” with transportation charges prepaid on all Orders; charges for freight, express, cartage or packing will not be allowed or paid by the Purchaser unless expressly stated on the Order. The Risk of Loss shall remain with the Seller and delivery shall not be deemed to be complete until the goods and/or and services have been actually received and accepted by the Purchaser.

5. Inspection & Acceptance. All goods and services are subject to inspection and approval by the Purchaser. If rejected, goods will be returned at Seller’s expense. The Purchaser reserves the right to refuse any goods and to cancel all or any part of the goods not conforming to applicable specifications, drawings, samples, or descriptions. Acceptance of any part of the Order shall not bind the Purchaser to accept future shipments, nor deprive it of the right to return goods already accepted.

6. Quantity. The quantity of goods delivered must be that specified in the Order. All changes in quantity must be approved in writing by an authorized agent of the Purchaser. The Purchaser reserves the right to return excess shipments at the Seller’s expense.

7. Defects. By accepting this Order, the Seller acknowledges that the goods covered by this Order are satisfactory for the purposes intended by the Purchaser, if previously disclosed to Seller, and that any defect in such goods may occasion special damages to the Purchaser.

8. Conforming Goods. Acceptance of all or any part of the goods shall not be deemed to be a waiver of the Purchaser’s right to either cancel or to return all or any portion of the goods because of failure to conform to the Order, or by reason of defects, latent or patent, or other breach of warranty, or to make any claim for damages including special damages occasioned to the Purchaser. Such rights shall be in addition to any other remedies provided by law.

9. Payment Discounts. It shall be understood that the cash discount period will date from the Purchaser’s RECEIPT of the invoice and not from the DATE of the invoice.

10. Worker’s Compensation and Insurance. If this Order includes any work on any premises other than those of the Seller, the Seller, in accepting the Order agrees:

a. Not to transfer this Order nor any part thereof to any person, firm or corporation without the prior consent of the Purchaser, but to give personal attention and superintendence to the work, and that the Purchaser shall be at liberty to place other contractors at work on the premises during

2026 - Edited.docxPage 23 of 31 the continuance of the work under this Order, for the execution of such other work as may be necessary and that are not included in this Order.

b. To maintain such insurance as will protect the Seller and Purchaser from claims under Workmen’s Compensation or Employer’s Liability Acts and commercial general liability insurance for any other claims for personal injury or property damage which may arise by reason of the performance of any work under this Order; to deliver to the Purchaser; a certificate or other evidence of such reasonable insurance coverage limits reasonably satisfactory to Purchaser, and further to protect, indemnify and save the Purchaser harmless from any and all liabilities arising from injuries to mechanics, laborers or any other persons whatsoever employed in the construction of said work or otherwise employed on or coming upon or near said premises from and against damage to property adjacent thereto, and from and against any and all liabilities for damage or injury to any persons or property whatsoever in any manner resulting from or caused by the performance of this Order, or any work relating thereto or any portion of said work.

c. Minimum types and limits of insurance shall be as follows:

1. Commercial General Liability insurance on an "occurrence" basis for bodily injury and property damage that may arise out of or result from the goods or services identified in this Order.

• $1,000,000 each occurrence

• $1,000,000 personal and advertising injury

• $2,000,000 general aggregate

• $2,000,000 products-completed operations aggregate

(b) Coverage for ongoing operations, independent contractors, and any persons or entities performing services on behalf of the Seller.

(c) Products and completed operations coverage, which coverage shall be maintained in effect for a period equivalent to the applicable statute of repose.

(d) An endorsement stating that "limits apply per sale."

(e) Contractual liability coverage.

(f) Contain a severability or separation of insureds clause.

(g) An additional insured endorsement (on ISO form CG 20 10 or CG 20 26 and form CG 20 37, or equivalent acceptable to the Purchaser) naming the Additional Insureds (defined below) as additional insureds.

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(h) The Purchaser shall be named as an additional insured (“Additional Insureds”) on the Seller’s policies of insurance. The insurance maintained by the Seller shall be primary with respect to the interest of the Purchaser, and any other insurance or self-insurance maintained by the Purchaser, or the other Additional Insureds is in excess and shall not contribute to Seller's insurance in all instances regardless of any like insurance that the Purchaser or the other Additional Insureds may have.

(i) Waiver of Subrogation endorsement in favor of the Purchaser, the other Additional Insureds, and their respective insurers. The Purchaser, the other Additional Insureds, and their respective insurers retain all rights of subrogation.

2. Commercial Automobile Liability coverage to include owned, hired and non-owned automobile liability insurance covering all use of all automobiles, trucks and other motor vehicles utilized by the Seller or its subcontractors and suppliers, including each of the following:

(a) A combined single limit for bodily injury and property damage of $1,000,000 per accident.

(b) Coverage for upset, overturn and collision coverage related to pollution events (applying to the vehicle, trailer or other attachments to vehicle and extend to cargo/waste carried and to subcontractors or others providing services to the Seller).

(c) Waiver of Subrogation endorsement in favor of the Purchaser, the other Additional Insureds, and their respective insurers. The Purchaser, the other Additional Insureds, and their respective insurers retain all rights of subrogation.

3. Seller’s Pollution Liability coverage with policy limits of not less than $1,000,000 per claim and $2,000,000 in the aggregate (with coverage for asbestos related claims).

4. Follow-form umbrella (excess) liability insurance with a limit of $5,000,000 each occurrence in excess of the general liability, employer's liability and business automobile liability coverages required of Seller under this Section. Such insurance shall contain a provision that it will not be more restrictive than the primary insurance. Aggregate limits of liability shall apply separately with respect to the Order. Waiver of Subrogation endorsement in favor of the Purchaser, the other Additional Insureds, and their respective insurers. The Purchaser, the other Additional Insureds, and their respective insurers retain all rights of subrogation.

5. Workers' Compensation insurance, including employer's liability, for all persons whom the Seller employs (or uses as subcontract labor if the subcontractor is uninsured) in carrying out any services related to this Order. Such insurance shall be in strict compliance with the requirements of the most current and applicable workers' compensation insurance laws in effect from time to time in the state(s) where the Order is delivered or services are performed, and shall include the following:

(a) Coverage A (Workers' Compensation) - Statutory

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(b) Coverage B (Employer's Liability)

At a minimum, the following limits, and coverages:

• $1,000,000 for each accident, for bodily injury by accident

• $1,000.000 for each employee, for bodily injury by disease

• $1,000,000 for each disease policy limit

(c) Waiver of Subrogation endorsement in favor of the Purchaser, the other Additional Insureds, and their respective insurers. The Purchaser, the other Additional Insureds, and their respective insurers retain all rights of subrogation.

(d) Contain endorsements that provide: Voluntary Compensation

6. Professional Liability Insurance. If the Seller is required to furnish professional services as part of this Order, the Seller shall procure Professional Liability insurance covering performance of the professional services, with policy limits of not less than five million ($5,000,000) per claim and five million ($5,000,000) in the aggregate.

Additional Insureds.

To the fullest extent permitted by law, the Seller shall cause the primary and excess or umbrella polices for Commercial General Liability, Automobile Liability and Seller’s Pollution Liability to include the Purchaser, and its directors, trustees, officials, officers, committee members, agents, employees, consultants and representatives (collectively, the “Additional Insureds”) as additional insureds for claims caused in whole or in part by the Seller’s negligent acts or omissions or defects in the goods provided by Seller. The additional insured coverage shall be primary and non-contributory to any of the Additional Insureds’ insurance policies and shall apply to both ongoing and completed operations. The Seller shall provide the Purchaser with an additional insured endorsement evidencing the Seller’s compliance with its obligations to name additional insureds pursuant to this Section which endorsement shall be ISO Endorsement satisfactory to the Purchaser

The insurance provisions set forth herein shall survive the delivery and acceptance of the goods and services set forth in this Order, termination of this Order, or full or partial performance of this Order, to the maximum extent allowed by law.

11. Patent Infringement. To the fullest extent allowed by law, the Seller agrees to defend, indemnify and hold harmless the Purchaser from and against all costs, damage, loss or expense, including reasonable attorneys’ fees, which the Purchaser may incur or undergo in the event of any suit, claim, or proceedings being brought against the Purchaser for the infringement of any letters patent of the United States of America by reason of the sale and/or use of any devise, design or apparatus furnished by the Seller under this Order; including any actual or claimed trademark, patent or copyright infringement.

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12. Regulatory Compliance. In filling this Order, Seller represents and covenants that all goods and materials used to fill this Order are produced in compliance with all applicable existing federal and state laws, including but not limited to those regarding labor, wages, hours, and materials.

13. OSHA Requirements. Seller agrees to comply with the provisions of the Occupational Safety and Health Act of 1970 and the standards and regulations issued thereunder and warrants that all goods furnished under this Order will conform to and comply with said standards and regulations. Seller further agrees to indemnify and hold harmless the Purchaser for all damages suffered by the Purchaser as a result of Seller’s failure of the goods furnished under this Order to so comply. Seller agrees to furnish Material Safety Data Sheet as applicable for hazardous or potentially hazardous products.

14. Non-Discrimination. The Seller agrees and warrants that in the fulfillment of this Order it will not discriminate or permit discrimination against any person or group of persons on the grounds of race, color, religion, national origin, sex or physical disability including, but not limited to blindness, unless it is shown by Seller that such disability prevents performance of that which must be done to successfully fulfill the terms of this Order or in any manner which is prohibited by the laws of the United States or the State of Connecticut and further agrees to provide the Connecticut Human Rights and Opportunities Commission with such information requested by the Commission concerning the employment practices and procedures of the Seller.

15. Warranty. Seller expressly warrants that the goods covered by this Order are of merchantable quality and satisfactory and safe for consumer use.

a. Warranty of Merchantability – goods provided by the Seller under this Order shall be merchantable. All goods provided shall be of good quality, within the description given by the Purchaser, shall be fit for their ordinary purpose, shall be adequately contained and packaged within the description given by the Purchaser, shall conform to the agreed upon specifications, and shall conform to the affirmations of fact made by the Seller or on the container or label.

b. Warranty of fitness for a particular purpose – When Seller has reason to know or knows any particular purpose, for which the goods are required, and the Purchaser is relying on the Seller’s skill or judgment to select or furnish suitable goods, there is a warranty that the goods are fit for such purpose.

c. Warranty of Title – Seller shall, in providing goods to the Purchaser, convey good title in those goods, whose transfer is right and lawful. All goods provided by the Seller shall be delivered free from any security interest, lien, or encumbrance unless otherwise agreed to by the Purchaser.

Goods provided by the vendor shall be delivered free of any rightful claim of any person by patent, copyright, infringement, or the like.

16. Indemnification. To the maximum extent allowed by law, Seller shall defend, indemnify and hold harmless the Purchaser, its officers, agents and employees from and against any and all damages, claims, liabilities, demands, suits, judgments, penalties and costs (including reasonable attorneys’ fees and expenses) and all liability imposed by law, for or on account of damage to

2026 - Edited.docxPage 27 of 31 property or death of or injury to any person or persons (including property and employees of the Purchaser) arising or resulting from any negligent act or omission of, willful misconduct, breach of contract or breach of warranty by, or the fault of the Seller or anyone for whom the Seller is responsible in the performance of the Order/contract or the work, goods, or services provided by the Seller, its employees, agents or subcontractors pursuant to this Order/contract. This indemnification will survive the delivery and acceptance of the goods and services set forth in this Order, termination of this Order, or full or partial performance of this Order, to the maximum extent allowed by law.

17. Taxes. The Town of Killingly is exempt from sales tax. Seller shall not include sales taxes on invoices.

18. Gratuities. By accepting this Order, the Seller represents and warrants that no arrangement has been made with the Purchaser or any person or agency to solicit or secure this Order upon an agreement or understanding for a gratuity, commission, percentage, brokerage or contingent fee, in any form, to any person excepting bona fide employees of the Seller.

19. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Connecticut, without regard to its conflicts of law principles.

20. Termination for Convenience. Purchaser may, by written notice to Seller, terminate the Order, or any part thereof, for any or no reason, for Purchaser’s convenience. Upon notice of termination, Seller shall immediately stop all work and cause its suppliers and/or subcontractors to stop all work in connection with the Order. If Purchaser terminates for convenience, Purchaser shall pay Seller for goods and services accepted as of the date of termination, and subject to Purchaser’s approval, which approval shall not be unreasonably withheld, for Seller’s actual and reasonable out of pocket costs incurred directly as a result of such termination. Incidental costs or other damages or costs of any kind or nature shall not be compensable by Purchaser and are irrevocably abandoned and waived by Seller. Purchaser shall have no responsibility for Seller’s work performed after Seller’s receipt of notice of termination.

21. Termination for Cause. Purchaser may, by written notice to Seller, terminate the Order, or any part thereof, if Seller breaches any of the terms and conditions of the Order, becomes insolvent or files for bankruptcy protection. By way of example; (a) failure by Seller to make timely, complete, and conforming delivery of goods and services, or (b) breach of the representations or warranties set forth in this Order, shall entitle Purchaser to terminate the Order for cause.