Request for Bids - Sand/Peat Mix

TOWN Of CARY North Carolina 354-RFB-23-18 REQUEST FOR BIDS for Sand/Peat Mix To be opened 3:00 PM (ET), Thursday, January 19, 2023 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 and read. POSITIVELY NO BIDS CONSIDERED UNLESS SUBMITTED ON THIS DOCUMENT QUANTITY (Tons) DESCRIPTION UNIT PRICE (Per Ton Delivered) LINE TOTAL (Unit Price x Qty) 2,500 95% Sand / 5% Peat Rootzone Material as per Attached Specifications, Terms & Conditions TOTAL EXTENDED PRICE FOB Destination Cary, NC $ Do the products submitted for bid meet the 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:_________________________ BY: Ryan ODell, Purchasing Supervisor DATE: January 5, 2023 DATE: _______________ NOTICE TO BIDDERS: Do not include taxes in your bid proposal pricing. 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: ________________________________________________ BIDDERS CHECKLIST Be aware of the bid opening date and time as indicated on the first page of this proposal. You must submit bids in electronic format via IPS. No hard copy bids will be accepted. All signatures must be by a company officer or agent who is authorized to enter into, 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 confirmed the Town of Cary has received your MATERIAL sample (Specifications, Section 4)? Have you enclosed your letter of product commitment (Specifications, Section 9)? 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 ---- Thursday, January 5 Deadline for Questions & Exceptions 3 PM Wednesday, January 11 Bids Due 3 PM Thursday, January 19 Anticipated Award ---- End of January 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 Towns 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 Towns 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 IPS website at North Carolina Interactive Purchasing System. 4. BID CONTACT: 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 the Assistant Purchasing and Contracts Manager: Ryan O'Dell Ryan.Odell@townofcary.org 5. HOW TO PREPARE BID PROPOSALS: Bidders are encouraged to review carefully 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 all 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. 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. http://bit.ly/2jxP5w4 mailto:Ryan.Odell@townofcary.org c) TAXES: The Town is required to pay all applicable North Carolina sales and use tax. Taxes must be itemized and added to invoices separately when invoicing the Town. Do not include taxes in your bid prices. The Town IS exempt from applicable Federal Excise Taxes and has a Federal Tax number. d) MINORITY WOMEN BUSINESS ENTERPRISES (MWBE) POLICY: The Town of Cary 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 Towns commitment to sustainability and provide and propose products and services that embody this commitment whenever possible. 6. HOW TO SUBMIT BID PROPOSALS: a) Upload a complete set of your bid on the BID PROPOSAL FORM provided herein to the IPS website at North Carolina Interactive Purchasing System. 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 2:55 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-23-18 Bid Opening Meeting number: 2340 162 2829 Password: tFAdAAfH733 More ways to join Join by video system Dial 23401622829@carync.webex.com You can also dial 173.243.2.68 and enter your meeting number. Join by phone +1-408-418-9388 United States Toll Access code: 2340 162 2829 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. https://www.ips.state.nc.us/IPS/Default.aspx https://carync.webex.com/carync/j.php?MTID=mbc43e32dc2b46c4d5fffb7bb04110ca8 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. 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 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 as individual PDF files to TownOfCaryAP@iPayables.com. 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 Purchasing Supervisor. 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. ALTERNATE BIDS: DO NOT submit alternate bids unless called for specifically on the bid proposal form or in the specifications section. Alternate bids are those that are not identical by manufacturer and model or specification to what is outlined within the bid document or has substantially different specifications to what is outlined in the bid document. When alternate bids are specifically requested, the bidder must submit documentation for review as a part of the bid to show that the product is comparable to the item(s) referred to in the specifications. Bidders may submit multiple bids on various manufacturers brands/models meeting specifications if no specific manufacturer/model has been specified. Any alternate products to items specified within a bid when the bid does not specifically call for alternate products must be submitted for review during the question and answer period. The approval or rejection of the alternate will be identified by addendum to the bid specs before the end of the bid period outlined in section 2. 12. 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. 13. 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. 14. PRICE ADJUSTMENTS: For Bids with fixed price contract periods, it is the Towns intent to contract at a fixed price for a period of six (6) months, with an option to extend the contract for five (5) additional six (6) month periods. The price proposed by the Bidder is to remain fixed for the first 6 month 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 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. 15. CONTRACT EXTENSIONS: The Town reserves the right to extend this bid contract for up to five (5) additional six (6) month 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 as agreed. 16. 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 bidders 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. 17. 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 Interactive Purchasing System (IPS) website at IPS. Tabulations should be posted within 48 hours (two workdays) after the public bid opening. From the Towns 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 Towns policy to furnish bid tabulations to all bidders. 18. TERMS AND CONDITIONS: Acceptance of the Towns Purchase Order includes acceptance of all applicable Terms and Conditions. The Towns Purchase Order Terms & Conditions are provided below for your information. http://bit.ly/2jxP5w4 TOWN OF CARY PURCHASE ORDER TERMS & CONDITIONS 1. If seller refuses to accept the order exactly as written, they will return it at once with explanation. 2. Purchaser will not be responsible for any goods delivered without purchase order. 3. Seller will send separate invoices for each purchase order number. 4. Seller will deliver no invoices to purchasers employees. 5. No boxing, packing or cartage charges will be allowed by purchaser unless specifically authorized on the face of this order. 6. It shall be understood that the cash discount period to purchaser will date from the receipt of the invoice or from the date of the receipt of goods, whichever is later. 7. The risk of loss and damage to the goods which are the subject of this order shall remain with the seller until the goods are delivered to the destination set out in the order and accepted by the purchaser or its nominee. 8. In the event of sellers failure to deliver as and when specified, purchaser reserves the right to cancel this order, or any part thereof, without prejudice to its other rights, and seller agrees that purchaser may return part or all of any shipment so made and may charge seller with any loss or expense sustained as a result of such failure to deliver or to perform. 9. In the event any article, service or process sold, delivered and/or performed hereunder shall be covered by any patent, copyright, or application for either, seller will indemnify and save harmless purchaser from any and all loss, cost or expenses on account of any and all claims, suits, or judgments on account of the use or sale of such article or the use of such service or process in violation of rights under such patent, copyright, or application for either. 10. In the event any article, service or process sold and delivered or sold and performed hereunder shall be defective in any respect whatsoever, seller will indemnify and save harmless purchaser from all loss or the payment of all sums of money by reason of all accidents, injuries or damages to persons or property that may happen or occur in connection with the use or sale of such article, service or process and are contributed to by said defective condition. 11. If seller performs services or constructs, erects, inspects or delivers hereunder, seller will indemnify and save harmless buyer from all loss or the payment of all sums of money by reason of all accidents, injuries or damages to persons or property that may happen to occur in connection therewith. 12. Purchaser reserves the right to place in sellers plant, at purchasers expense, an inspector or inspectors who shall be permitted to inspect before shipment, or during the process of manufacture, any material on this order. 13. Seller agrees not to release any advertising copy mentioning purchaser or quoting the opinion of any of purchasers employees. 14. Seller represents and warrants that no federal or state statute or regulations or municipal ordinance, has been or will be violated in the manufacturing, sale or delivery of any article or service sold and delivered hereunder and if such violation has or does occur, seller will indemnify and save harmless purchaser from all loss, penalties, or the payment of all sums of money on account of such violation. 15. Unless this contract is exempt therefrom under the rules and regulations of the Presidents Committee on Equal Employment Opportunity, the contract provisions of Section 301 of the Executive Order No. 10925, dated March 6, 1961, any subsequent changes thereto are to the extent they may be applicable, made a part of this contract by reference. 16. Any contractors supplying both services and materials shall be paid all sales or use taxes on materials so furnished and shall indemnify and save harmless purchaser from any damages, costs, expenses or penalties on account of such taxes. 17. Purchaser may at any time insist upon strict compliance with these terms and conditions not withstanding any previous custom practice or course of dealing to the contrary. 18. The terms and conditions of sale as stated in this order govern in event of conflict with any terms of sellers bid and are not subject to change by reason of any written or verbal statement by seller or by any terms stated in sellers acknowledgment unless same be accepted in writing by the TOWN OF CARY. 19. Contractor or seller hereby certifies that contractor or seller, and all subcontractors utilized by the contractor or seller, are not on the Iran Final Divestment List created by the North Carolina State Treasurer pursuant to N.C.G.S. 147-86.58. MINIMUM SPECIFICATIONS 1) GENERAL: These specifications, originally published under RFB 23-15, but going unawarded, have been written to purchase two thousand-five hundred (2,500) total tons of 95% sand / 5% Peat Root Zone Material (MATERIAL) from the awarded bidder (CONTRACTOR). This initial purchase will be delivered entirely to the WakeMed Soccer Park. Future orders may be delivered to locations around the Town of Cary. The MATERIAL will be required to perform to the standards that are set forth in this specification. Specific details listed below should be considered minimum requirements unless otherwise shown. Where no specifications are shown, the item is to be described as bid. Any exceptions taken to these specifications must be preapproved during the question and answer period as outlined in the instructions to bidders. If approved, it must be noted as such in the bid submittal document. Any literature associated to the product submitted for bid is to be included with the bid. a) The contract award will be for six (6) months with the option to renew five (5) additional six (6) month periods. b) Pricing received and future orders must be flexible to ship to additional locations around Cary at the same (per ton delivered) price that is negotiated. c) The CONTRACTOR shall be responsible for all direct correspondence with the Town and shall not delegate communication responsibilities to anyone including sub-contractor, consultant, or manufacturer. All information required to be submitted shall be the direct responsibility of the CONTRACTOR. d) The CONTRACTOR is responsible for any damage to the Town, and all equipment and materials caused by carelessness, neglect, abuse, or unqualified and/or unlicensed personnel or subcontractors. 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. 2) PRICE INDEXING Cary will allow CONTRACTOR to adjust awarded contract price (per ton delivered) during the Term of the agreement in accordance with the U.S. Energy Information Administration (EIA). Such adjustments in pricing requires fourteen day written notice, will not be retroactive, and cannot start until after the initial term of the contract. Adjustments will not exceed 5% change annually. 3) MATERIAL SPECIFICATION The CONTRACTOR shall supply MATERIAL as identified in the table below. a) The 95% sand shall be supplied as outlined in the USGA Greens Section Sand table b) The 5% peat moss must have a minimum organic matter content of 85% by weight as determined by ASTM D 2974 Method D. Compost will not be allowed as the organic component of the desired sand rootzone. 4) MIXING The sand and the organic components must be mixed thoroughly off site. Once combined the sand must meet the following physical properties as listed by the USGA Greens Section Physical Properties Table below. PHYSICAL PROPERTIES OF THE Root ZONE Mix Physical Property Total Porosity 35% - 55% Capillary Porosity 15% 25% Saturated Hydraulic Conductivity Minimum of 6 inches/hr (150 mm/hr) Airfilled Porosity | 15% - 30% T ParTicLe SizeE Distripution oF USGA Root Zone Mix Particle Name Piatra) Recommendation (by weight) Fine Gravel 2.0 - 3.4mm a Not more than 10% of the total particles in this range, including a maximum of 3% fine gravel (preferably none Very Coares 1b Sowa 1g gravel (p ly none) Coarse Sand 0.5 - 1.0mm Minimum of 60% of the particles must fall in this range Medium Sand | 0.25 ~ 0.50mm Fine Sand 0.15 - 0.25mm | Not more than 20% of the particles may fall within this range Very Fine Sand | 0.05-0.15mm | Not more than 5% silt 0.002 -0.05mm | Not more than 5% Clay faces Not more than 3% very fine sand + Total Fines Less than or equal to 10% silt + clay 5) SAMPLE Bidders shall provide a quart size sample of the product being submitted for bid. a) Samples shall include a particle size analysis. b) Bidders shall ship or deliver their samples before the bid opening to: ATTN Purchasing Bid Sample 23-15 420 James Jackson Avenue NE Cary, NC 27513 c) Bidders that fail to deliver a sample with their corresponding bid shall be disqualified as unresponsive. 6) PACKAGING and SHIPPING a) The trucks shall be in suitable condition for hauling MATERIAL and shall not contain any substances that might affect the usefulness of the MATERIAL. Trucks must be equipped with appropriate tools to off-load the MATERIAL at each location. b) Certified net weight tickets must accompany each shipment; said certification to be signed by the name of the certifying authority. c) The CONTRACTOR is obligated to supply MATERIAL, when ordered, as specified above and in case of emergencies. d) The packaging and shipping of said product shall conform to current federal, state, and local regulations. 7) DELIVERY REQUIREMENTS a) The CONTRACTOR will be required to follow all Town of Cary security measures and procedures. b) All deliveries shall be FOB Destination Town of Cary between the hours of 7:30 a.m. 2:00 p.m. Monday through Friday. c) Deliveries may be canceled or postponed by Town personnel due to inclement weather or other safety concerns without penalty. d) The CONTRACTOR is responsible for scheduling deliveries to point of destination with the person listed below within 24 hours of request for delivery. Brannon Powell brannon.powell@townofcary.org 919-996-9351 e) Delivery Locations for the initial delivery under the associated award to this bid shall be to the following location: Amount Address Date 2,500 Tons WakeMed Soccer Park Approximately April 2022 mailto:brannon.powell@townofcary.org 201 Soccer Park Dr., Cary, NC 27511 f) Alternate locations around the Town of Cary will be provided for future shipments under this award. 8) PRODUCT INSPECTION & TESTING The TOWN reserves the right to have any shipment of MATERIAL inspected. And plans to test every 250 tons of MATERIAL. 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 or potential contaminants. b) The CONTRACTOR will assist by collecting samples from the delivery vehicle when applicable. 9) 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. 10) 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. 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 5 Sec. 9- Instructions to Bidders).