Ferric Chloride

FB22286 Ferric Chloride Page 1 of 16 INVITATION FOR BID Pursuant to NCGS 143-129, sealed proposals endorsed “FERRIC CHLORIDE, FB22286” will be opened by City/County Purchasing at the place and time noted above. The Utility Commission reserves the right to reject any and all proposals, and to waive any informalities in the bidding procedures. Bids will be opened publicly. BIDDERS MAY SUBMIT ELECTRONICALLY OR BY HARDCOPY. It is the bidder’s responsibility to confirm receipt of their bid proposal. For additional instructions on submitting bids, contact Darren Redfield at darrenmr@cityofws.org or 336-747-6936 during regular office hours. End of question period is 1:00 PM, May 18, 2022. Bidding Agent: Darren Redfield Buyer - Purchasing darrenmr@cityofws.org SPECIFICATIONS PREPARED BY: Utilities staff FERRIC CHLORIDE CITY/COUNTY UTILITY COMMISSION Bids Will Be Opened At 3:00

pm, MAY 24, 2022 In CITY HALL ROOM 324 BY CITY/COUNTY PURCHASING For electronic bid delivery, scan all required bid forms as a single PDF with subject line “Bid for Ferric” and email to: bids@cityofws.org OR For FedEx / hand-delivery, place bid inside a sealed envelope labelled “BID for FERRIC” to: City of Winston-Salem Purchasing Dept. 101 N. Main Street City Hall Room 324 Winston-Salem, North Carolina 27101 mailto:darrenmr@cityofws.org mailto:darrenmr@cityofws.org mailto:bids@cityofws.org FB22286 Ferric Chloride Page 2 of 16 INSTRUCTIONS TO BIDDERS READ, REVIEW AND COMPLY: This entire set of documents constitutes the IFB. It shall be the bidder’s responsibility to read this entire document, review all enclosures and attachments, and comply with all requirements specified herein. This IFB sets forth the minimum requirements that all submissions shall meet. Failure to submit proposals in accordance with this request may render the proposal unacceptable. Costs incurred by any Bidder in the preparation of his/her response to the IFB are the responsibility of the Bidder and will not be reimbursed by the City of Winston-Salem. Bidders shall not include any such expenses as part of their proposals. INSPECTION OF SITES: Each bidder should visit the site of the proposed work and fully acquaint himself with the existing conditions relating to the service. Each bidder should fully inform himself as to the facilities involved and any difficulties and restrictions involved in performance of the Contract. The Contractor by the execution of the Contract shall in no way be relieved of any obligation under it due to his failure to receive or examine any form or legal instrument or to visit the site and acquaint himself with the existing conditions. The City of Winston Salem will be justified in rejecting any claim based on facts that the bidder should have been aware of as a result of his site inspection. PREPARATION AND SUBMISSION OF BID: Please read all instructions carefully before preparing and submitting your bid. All bids shall be prepared and submitted in accordance with the following requirements. Failure to comply with any requirement shall cause the bid to be considered irregular and shall be grounds for rejection of the bid. • The Proposal forms furnished herein must be used and shall not be altered in any manner. • All entries on the itemized proposal form shall be written in ink or typed. • The total amount bid shall be written in the proper place on the itemized proposal form. • Changes in any entry shall be made by marking through the entry in ink and making the correct entry adjacent thereto in ink. A representative of the Bidder shall initial the change in ink. Do not use “White Out” or similar product to make corrections. • The bid shall be properly executed. All bids shall show the following information: ➢ Name of individual, firm, corporation, partnership, or joint venture submitting bid. ➢ Name of individual or representative submitting the bid, position or title. ➢ Signature of person authorized to submit a bid of behalf of the company. • Bids submitted by corporations shall bear the seal of the corporation. • The bid shall not contain any unauthorized additions, deletions, or conditional bids. • The bidder shall not add any provision reserving the right to accept or reject an award, or to enter into a contract pursuant to an award. • Required forms: price page, Signature Page, Non-Collusion Affidavit. Any Addenda issued which affects the quantity or price must be acknowledge. Bids may be submitted electronically or by hardcopy. See Proposal Form for instructions. TIME FOR OPENING BIDS: Bidders or their authorized agents are invited to be present at the public bid opening. Bids received prior to the advertised hour of opening will be securely kept sealed. The agent whose duty it is to open them will decide when the specified time has arrived, and no Bid received thereafter will be considered. Mailed Bids will be treated in every respect as though filed in person and will be subject to the same requirements. FB22286 Ferric Chloride Page 3 of 16 It is the Bidders responsibility to assure that the bid is received by the required deadline. If mail or delivery by other means is delayed beyond the date and hour set for the receipt of the bid, the proposals that are late will not be considered, except by fault of the City it does not reach the bidding agent. PROPOSER QUESTIONS AND INQUIRIES: Questions relative to this IFB must be submitted in writing only to Darren Redfield, e-mail darrenmr@cityofws.org (email is preferred), by fax: (336) 748-3057 or by letter to the address shown on Proposal Form. All inquiries must be made by the End of Question Period. The City will provide written responses to all inquiries received by this date, and responses will be made available to all recipients of this IFB. Any oral responses made by any representative of the City may not be relied upon. Any supplements or amendments to this IFB will be in writing and furnished to potential bidders. BID AWARD: Pursuant to N.C.G.S. 143-129, the award will be made to the lowest responsive, responsible Bidder taking into consideration quality, performance, and time specified in the proposal for completion of work. The Owner reserves the right to hold bids for a period of sixty (60) days. EQUIPMENT AND TOOLS: The contractor shall use no equipment or tools that are owned by the City of Winston-Salem unless so noted in the Specifications. Neither shall the contractor utilize any employees of the City of Winston-Salem in performing the contract, except for opening locked gates, doors, etc., and giving directions. MATERIALS: No materials shall be stored on site and the City of Winston-Salem is not responsible for any materials, equipment or tools lost or stolen from the site. Any materials needed to complete the job shall be included in the bid. CLEAN-UP: The area of work shall be cleaned so that the City of Winston-Salem shall not incur any additional costs to make the area suitable for the educational process. Also, the Contractor shall utilize no trash receptacles or dumpsters owned by the City of Winston-Salem. All trash and debris shall be properly disposed of off the property. This will be monitored by the City of Winston-Salem. PERFORMANCE OF WORK: All work shall be performed at the highest level of quality. The City shall be responsible for determining the quality of work, and may notify vendor of the same. The City reserves the right to inspect the service of the vendor, to request log sheets and information related to vendor visits to City facilities. If the City determines that corrective action is needed, the City will inform the vendor of such action. Failure to take corrective action as directed shall be grounds for termination of the contract. TERMINATION OF CONTRACT: If the vendor fails to perform as outlined herein, the City may terminate the contract by 10-day written notice at its discretion and be liable only for that portion of product delivered. mailto:darrenmr@cityofws.org FB22286 Ferric Chloride Page 4 of 16 NOTICE TO PROPOSERS City Rights and Options The City, at its sole discretion, reserves the following rights: • To supplement, amend, substitute or otherwise modify this IFB at any time • To cancel this IFB with or without the substitution of another IFB • To take any action affecting this IFB, this IFB process, or the Services subject to this IFB that would be in the best interests of the City • To issue addendums and/or additional requests for information • To require one or more service providers to supplement, clarify, or provide additional information in order for the City to evaluate the responses submitted • To negotiate a contract with one or more service providers based on the information provided in response to this IFB. Public Records Any material submitted in response to this IFB will become a “public record” once the bidder’s document(s) is opened and the bidder is determined to be a participant in the solicitation process and shall be subject to public disclosure consistent with Chapter 132, North Carolina Statutes. Bidders must claim any applicable exemptions to disclosure provided by law in their response to this IFB. Bidders must identify materials to be protected, and must state the reasons why such exclusion from public disclosure is necessary and legal. The City reserves the right to make all final determination(s) of the applicability of North Carolina General Statutes § 132-1.2, Confidential Information. Familiarity with Laws and Ordinances The submission of a proposal on the services requested herein shall be considered as a representation that the proposer is familiar with all federal, state, and local laws, ordinances, rules, and regulations which affect those engaged or employed in the provision of such services, or equipment used in the provision of such services, or which in any way affects the conduct of the provision of such services; and no plea of misunderstanding will be considered on account of ignorance thereof. If the proposer discovers any provisions in the IFB documents that are contrary to or inconsistent with any law, ordinance, or regulation, it shall be reported to the City in writing without delay. The successful bidder must comply with all provisions of the Americans with Disabilities Act (ADA) and all rules and regulations promulgated thereunder. By submitting a proposal, the successful bidder agrees to indemnify the City from and against all claims, suits, damages, costs, losses, and expenses in any manner arising out of, or connected with, the failure of the Company, its subcontractors, agents, successors, assigns, officers, or employees to comply with the provisions of the ADA or the rules and regulations promulgated thereunder. The successful bidder agrees that in carrying out this contract, compliance will be maintained with all applicable federal, state, and local laws, specifically including, without limitations, the Occupational Safety and Health Act of 1970 and Section 1324A, the Immigration Reform and Control Act. E-Verify Compliance: Per N.C.G.S. 143-133.3, Contractor compliance with federal E-Verify Law is required and will be so stated in the contract agreement. Contractor shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Further, if the Contractor utilizes a subcontractor, the Contractor shall require the subcontractor to comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. FB22286 Ferric Chloride Page 5 of 16 Iran Divestment Act. Contractor hereby certifies that it is not on the North Carolina State Treasurer’s list of persons engaging in business activities in Iran, prepared pursuant to NCGS §143C-6A-4, nor will Contractor utilize on this Agreement any subcontractor on such list. Divestment from Companies that Boycott Israel. Contractor hereby certifies that it is not on the North Carolina State Treasurer’s list of companies engaged in a boycott of Israel in violation of NCGS 147-86.80 et. seq. and that it will not utilize on this agreement any subcontractor on said list.” Ethics Policy / Code of Conduct The City of Winston-Salem has establish guidelines for ethical standards of conduct for City representatives and to provide guidance in determining what conduct is appropriate in particular cases. In establishing an ethics policy, the City of Winston-Salem desires to protect the public against decisions that are affected by undue influence, conflicts of interest, or any other violation of these policies as well as promote and strengthen the confidence of the public in their governing body. To review the City Policy, refer to this link: http://www.cityofws.org/Home/Departments/Purchasing/Articles/Bids It is the policy of the City of Winston-Salem that an employee, officer, or agent of the City may not participate in any manner in the bidding, awarding, or administering of contracts in which they, or a member of their immediate family, their business partner, or any organization in which they serve as an officer, director, trustee, or employee, have a financial interest. IMPORTANT: Winston-Salem City Code (Chapter 2, Article 1, Sec. 2-3) provides that the City may disqualify contractors from bidding on contracts of the City if a contractor fails to perform satisfactorily on past or current contracts. Failure to complete work within contract time limits and/or meeting required quality levels are factors that could make a contractor ineligible to bid on future City projects. Satisfactory performance on a job includes: performing work to City standards (including all safety and labor laws), working cooperatively with our inspector and citizens, and completing the project in the time period provided for in the contract. Contract The Vendor must wait for the Purchase Order to be issued prior to doing business with or for the City, contingency upon the vendor meeting the City of Winston-Salem’s insurance provisions. The vendor shall be responsible for any damages caused by his personnel or equipment to property of the Owner. He shall make good in an approved manner at his own expense any such loss, damage, or injury without cost to the owner. The vendor shall also assume all responsibility to maintain all existing protection, provide, and maintain all such additional protection as required by the governing laws, regulations, ordinances, and safety of personnel and visitors. http://www.cityofws.org/Home/Departments/Purchasing/Articles/Bids FB22286 Ferric Chloride Page 6 of 16 GENERAL INSURANCE REQUIREMENTS for City of Winston-Salem contracts A. The Contractor shall, during the continuance of all work under the Contract, provide the following: 1. Workers' Compensation Insurance as required by the North Carolina General Statutes. 2. Commercial General Liability to protect the Contractor against any and all injuries to third parties, including personal injury and property, and special and consequential damages, resulting from any negligent action, omission or operation by the Contractor or in connection with the services described herein. The insurance shall also include, coverage for explosion, collapse, and underground hazards, where required. This insurance shall provide bodily injury and property damage limits of not less than $1,000,000 for each occurrence, respectively, and shall provide at least $5,000 in Medical Expenses (Med Pay) coverage. 3. Maintain Owned, non-owned, and hired Automobile Liability insurance, including property damage insurance, covering all owned, non-owned, borrowed, leased, or rented vehicles operated by the Contractor in furtherance of these services. In addition, all mobile equipment used by the Contractor in connection with the contract work, will be insured under either a standard Automobile Liability policy, or a Commercial General Liability policy. This insurance shall provide bodily injury and property damages limits of not less than $1,000,000 combined single limit/each accident. B. If this Agreement is for a design, engineering or consulting Service, maintain Professional Liability insurance of at least $1,000,000.00 per incident. C. The Contractor will provide an original, signed Certificate of Insurance, evidencing such insurance and such endorsements as prescribed herein, and shall submit the certificate with its executed contract. The City of Winston-Salem shall be named as an additional insured in the Automobile and General Liability policies and it shall be stated on the Insurance Certificate with the provision that this coverage is primary to all other coverage the City of Winston-Salem may possess. D. The Contractor will secure and maintain all insurance policies of its subcontractors which shall be made available to the City of Winston-Salem on demand. Compliance by the Contractor and all subcontractors with the foregoing requirements as to carrying insurance shall not relieve the Contractor and all subcontractors of their liabilities and obligations under this heading or under any other section or provisions of the Contract. E. The Contractor will provide on demand certificate copies of all insurance coverage on behalf of the Contract within ten days of demand by the City of Winston-Salem. These certified copies shall be sent to the City of Winston-Salem from the Contractor's insurance agent or representative. F. The Contractor shall furnish the City of Winston-Salem thirty days written notice of any changes or cancellation of the policy. The failure of the contractor to deliver a new and valid certificate will result in suspension of all payments until the new certificate is furnished to the Risk Manager, City of Winston- Salem. FB22286 Ferric Chloride Page 7 of 16 GENERAL INSURANCE REQUIREMENTS - Page 2 G. Insurance coverage required in these specifications shall be in force throughout the Contract Term. Should the Contractor fail to provide acceptable evidence of current insurance within seven days of written notice at any time during the Contract Term, the City of Winston-Salem shall have the absolute right to terminate the Contract without any further obligation to the Contractor, and the Contractor shall be liable to the City of Winston-Salem for the entire additional cost of procuring the uncompleted portion of the contract at time of termination. H. Contractual and other Liability insurance provided under this Contract shall not contain a supervision inspection or engineering services exclusion that would preclude the City of Winston-Salem from supervising and/or inspecting the project as to the end result. The Contractor shall assume all on-the-job responsibilities as to the control of persons directly employed by it and of the subcontractors and any persons employed by the subcontractor. I. Nothing contained in the specifications shall be construed as creating any contractual relationship between any subcontractor and the City of Winston-Salem. The Contractor shall be as fully responsible to the City of Winston-Salem for the acts and omissions of the subcontractors and of persons employed by them as it is for acts and omissions of persons directly employed by it. J. Precaution shall be exercised at all times for the protection of persons, (including employees) and property. All existing structures, utilities, roads, services, trees and shrubbery shall be protected against damage or interruption of service at all times by the Contractor during the term of the Contract, and the Contractor shall be held responsible for any damage to property occurring by reason of its operation on the property. K. The Contractor and all subcontractors and sub-subcontractors agree to comply with the State of North Carolina Occupational/Safety and Health Act and the Occupational Safety and Health Act of 1970, Public Law 91-956, as it may apply to this Contract. Address for Certificate of Insurance: City of Winston-Salem Purchasing P.O. Box 2511 Winston-Salem, NC 27102 FB22286 Ferric Chloride Page 8 of 16 PROPOSAL FORM FERRIC CHLORIDE BIDDERS: The Utility Commission wishes to enter into annual contracts for its water and wastewater chemicals. The Commission reserves the right to cancel or not extend the contract at any time and/or at renewal junctures, whether due to discontinuing use of the chemical, budget constraints, or without cause. NOTE: All quantities shown are estimated. The Utility Commission reserves the right to purchase more or less than these amounts at the firm contract cost during each contract term. All purchases made under the contract in subsequent fiscal years are subject to appropriations by the City Council of the City of Winston-Salem to cover such purchases. The Initial Contract Period is July 1, 2022 through December 31, 2022. All unit prices shall be firm for this initial contract period. After this initial period, the vendor or Utility Commission may request to extend this contract for another 6-month period. A request for a unit price increase shall be made in writing along with industry documentation to substantiate the request. The Purchasing Department will verify the request using the latest available PPI table noted below. The Utility Commission reserves the right to not accept the increase, and furthermore expects its vendors to give it the benefit of any industry-wide price reduction at any renewal as measured by the same index or based on present market prices, whichever applies or is more favorable to the Utility Commission. Any contract extension is subject to the continuation of usage and availability of funds. Renewable term contract. The Utility Commission reserves the right to extend this contract for four (3) additional 6-month periods (ending June 30, 2024). The vendor may request a price increase at the beginning of each period by an amount not-to-exceed the latest Producer Price Index (PPI) as noted below - the difference from the most recent month to the same month of the previous year - as reported on the U.S. Department of Labor Bureau of Labor Statistics website https://www.bls.gov/cpi/news.htm at the time the extension is pursued (approximately 60 days ahead of renewal date). A price reduction will likewise be substantiated and agreed to by both parties. A properly executed purchase order shall be evidence of an extension agreed to by the parties and that said purchase order shall become a self- executing amendment to the contract. Price adjustments will be per PPI Table 9, commodity code 06-1302 “inorganic chemicals”. The calculation formula is the simple percentage method: (PPI Value at Renewal divided by PPI Value of 6 months prior) multiplied by Original Unit Price = New Adjusted 6-mo. Price. Example: (PPI-Nov 2021 / PPI -Nov 2020) X Orig. Unit Price =…(277.948 / 260.229) X $1.00 = $1.07, a 6.8% increase. The PPI index calculation will be based on 3 decimal places, but the price will be rounded up or down to 2 decimal places unless the unit price falls below $1.00 where it will be rounded to 3 decimal points, except where based on awarded bidder unit price of more than 2 decimals. https://www.bls.gov/cpi/news.htm FB22286 Ferric Chloride Page 9 of 16 PROPOSAL – PAGE 2 FERRIC CHLORIDE per Specifications, page 16 Bidder acknowledgment: The undersigned bidder hereby declares that they have carefully examined the specifications contained herein and will provide all labor, materials, equipment, supervision, and insurance applicable to perform the services herein in accordance with the specifications and the requirements under them for the following sum to wit: Semi-annual supply of Ferric Chloride per the Specifications and deliver in approximately 4,000 gallon loads to the Elledge and Muddy Creek wastewater treatment plants on an as-needed basis. The City will order full loads unless unexpected circumstances were to develop. TOTAL for estimated 100 dry tons semi-annually: Unit Cost $ _______ /DT, so the Total semi-annual Purchase is $ ________________(Unit Cost x 100) Product must be Delivered FOB to the facility. Manufactured by: _____________________________ Shipping Point: ____________________________ BIDDER NAME: ________________________________________ ALL BIDS MUST BE F.O.B. DELIVERED TO PLANT LOCATIONS - NO ADDITIONAL PAYMENTS WILL BE MADE FOR FUEL SURCHARGES, SHIPPING CHARGES, PALLETS, DRUMS, ETC. The apparent low bidder shall provide a certified analysis within 48 hours, if requested by plant staff, for review prior to award by the Utility Commission. FB22286 Ferric Chloride Page 10 of 16 PROPOSAL – PAGE 3 For the purpose of issuing Purchase Orders and paying invoices, please indicate the following for prompt P.O. and payment distribution: ___________________________ ___________________________ COMPANY CONTACT PERSON ______________________________ ___________________________ MAILING ADDRESS (or PO BOX) TELEPHONE ______________________________ ___________________________ CITY, STATE, ZIP EMAIL ADDRESS ALL BIDS MUST BE F.O.B. DELIVERED TO PLANT LOCATIONS - NO ADDITIONAL PAYMENTS WILL BE MADE FOR FUEL SURCHARGES, SHIPPING CHARGES, PALLETS, DRUMS, ETC. FB22286 Ferric Chloride Page 11 of 16 PROPOSAL SIGNATURE PAGE Submission of a bid proposal shall indicate that the proposer has made themselves fully aware of the requirements for providing the service requested by the City of Winston-Salem. It is certified that this proposal is made in good faith and without collusion with any other person bidding on this contract or with any officer or employee of the City of Winston-Salem. The Bidder must sign and include the Non- Collusion Affidavit Form with its proposal for the bid to be considered. The undersigned certifies that they have read and understood all the provided bidding documents, the project specifications, and agree to the terms and conditions stated herein. This bid must be signed by a responsible official of the bidding organization. ____________________________________ _____________________________________ Date Company (SEAL) ____________________________________ _____________________________________ Authorized Signature (*required*) Street Address or P.O. Box ____________________________________ _____________________________________ Printed or Typed Name and Title City, State, Zip ____________________________________ _____________________________________ E-Mail Address Telephone Number The following information is requested for statistical purposes only. The provision or omission of this information will neither affect nor influence the award of these contracts. Bidder further certifies that: We ( ) are a minority-owned business enterprise. If yes, please identify in the appropriate box below: ( ) Black ( ) Hispanic ( ) Asian American including Indian Subcontinent and Pacific Islands ( ) Native American Indian including Eskimos and Aleuts ( ) socially and economically disadvantaged ( ) disabled We ( ) are a woman-owned business enterprise. FB22286 Ferric Chloride Page 12 of 16 NON-COLLUSION AFFIDAVIT OF PRIME BIDDER *required – attach to bid* State of ) County of ) Project/Service/Product: FERRIC CHLORIDE, FB22286 , being first duly sworn, deposes and says that: (Printed Name) 1. He/she is (circle: owner, partner, officer, representative or agent) of , the Bidder that has submitted the attached Bid; 2. He/she is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this Affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bids of any other Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Winston-Salem, Forsyth County, or any person interested in the proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees or parties in interest, including this Affiant. Signature Title Subscribed and sworn to before me this day of , 20 . Notary Public: (SEAL) My Commission Expires: FB22286 Ferric Chloride Page 13 of 16 GENERAL CONDITIONS and INSTRUCTIONS CITY OF WINSTON-SALEM, NC 1. The specified item(s) shall be delivered F.O.B. to Winston-Salem, North Carolina, according to the address stated on the Purchase Order unless stated otherwise in the Detailed Specifications. 2. The Purchase Order Number, Item Number, and Inquiry Number shall be affixed to the outside of each packing crate or carton and items not in packing material. 3. The City reserves the right to reject any and all shipments if the supplier fails to meet all terms and conditions of the contract award. 4. Suppliers of equipment requiring service connections must visit the field site to check buildings, measurements, and conditions (ex. deliveries must be from rear of tanker). Vendor must have own air supply and hoses for offloading product. 5. The supplier is responsible for all errors, omissions, and deviations from the contract requirements in shop drawings when such drawings are submitted by the supplier and approved by the City. 6. The successful bidder must prepare two (2) printed sets of operating instructions, recommended maintenance schedules, parts lists, and descriptive literature for the City, if applicable. 7. After an installation is completed, the supplier shall instruct the designated City personnel in the proper use of the equipment. 8. On notification by the customer, the supplier must remove all equipment and reconstruct or refurnish any defects or work rejected by the City. The expense of removing, reconstruction, replacing, or refurnishing unfit, unsound, or damaged work or material shall be the responsibility of the supplier. 9. Payment will be made within thirty (30) days after acceptance by the City. If partial payments are provided for, final payment will be made after acceptance by the City. 10. In the case of installed equipment, twenty-five percent (25%) of the total contract award shall be withheld until the equipment and installation is accepted by the City. Withholding twenty-five percent (25%) of the contract award shall not affect the discount terms of the contract. 11. All equipment will be guaranteed against defects in materials and workmanship for a period of not less than one year from the date the equipment is put into service, and accepted by the City. Copies of all guarantees and warranties are to be attached to the bids. 12. The City reserves the right to reject any or all bids, and to waive informalities. 13. In accordance with State Law (G.S. 143-129), the award will be made to the lowest responsible bidder taking into consideration quality, performance and time specified in the proposal for the performance of the contract. FB22286 Ferric Chloride Page 14 of 16 General Conditions and Instructions - Page 2 14. Taxes: A. Federal: The City is exempt from Federal Excise Taxes. The City will issue Federal Excise Exemption Certificates or Internal Revenue Tax Exemption Number only upon request of the contractor. Issuance of the certificate does not mean that the contract is entitled to a tax refund. All requests for refunds are to be handled by the contractor. The City, will not guarantee any Federal Tax refunds to the contractor. B. State: Applicable North Carolina Sales and Use Taxes are NOT to be shown on bids, but are to be added to invoices as a separate item. 15. All supplies, materials, and equipment must be new and in first class condition. Bids offered on inferior or "second-line" equipment will not be accepted. 16. Not used. 17. If a bidder cannot meet the minimum requirements of the detailed specifications, he must outline and itemize each instance by a letter of transmittal and detail the item he offers. 18. All bids must be firm and not subject to increase during any contract period. Only at renewal may price be increased. 19. The supplier shall give the City the benefit of any industry-wide price reduction during the contract period. 20. The unit price as well as total price for each item must be listed for purposes of individual evaluation. Unit price(s) will prevail in the event of a math error calculating total price, where the line item total price and the grand total price shall then be adjusted accordingly. 21. The City reserves the right to hold bids open for a period of sixty (60) days after bid opening before making awards. 22. No special inducements will be considered that are not a part of the original bidding document. 23. BID DEPOSIT REQUIREMENTS 24. PERFORMANCE BOND REQUIREMENTS 25. The award of this contract constitutes a preliminary determination as to the qualification of the bidder. The City is not legally bound to perform the contract until the contract is duly executed by the City. The bid deposit shall be retained if the bidder fails to execute the contract or give satisfactory surety as required by N.C.G.S. 143-129. 26. The City in each case refers to the City of Winston-Salem and/or the City/County Utility Commission, an Agency of the City of Winston-Salem. 27. It is the policy of the city of Winston-Salem that a City employee, officer or agent of the City may not participate in personal services or construction in which contract or the subcontractor, or any member of his immediate family, business partner or any organization in which they serve as an officer, director, trustee or employee, has a financial interest. FB22286 Ferric Chloride Page 15 of 16 General Conditions and Instructions - Page 3 28. The successful bidder must comply with the provision of the Americans with Disabilities Act (ADA) and all rules and regulations promulgated thereunder. By submitting a proposal, the successful bidder agrees to indemnify the City from and against all claims, suits, damages, costs, loses, and expenses in any manner arising out of or connected with the failure of the Company, its subcontractors, agents, successors, assigns, officers, or employees to comply with the provisions of the ADA or the rules and regulations promulgated thereunder. 29. Not used. 30. Bid proposals must be on the forms provided in this document. 31. The Owner reserves the right to increase or decrease the quantity of product to be delivered under this contract, as described in the Proposal, without thereby altering or invalidating any terms of the Contract or Proposal or the prices therein named. Such Owner alterations shall not constitute a claim for damage nor for loss of anticipated profits. If such alterations increase the quantity of product to be delivered, payment of said additional amount shall be based on Unit Prices submitted below under the Item Section of the Proposal. FB22286 Ferric Chloride Page 16 of 16 DETAILED SPECIFICATIONS FERRIC CHLORIDE 40% PURPOSE: The City of Winston-Salem/Forsyth County Utilities Commission desires to enter into a contract for its supply of 40% Ferric Chlorite for the control of struvite formation. The City reserves the right to extend this contract for multiple years as noted. PRODUCT CONTENT SPECIFICATIONS: 1. The Ferric Chloride solution must be fabricated from high purity raw materials and meet AWWA Standard B407-98 and NSF Standard 60. The solution must contain between 30% and 42% Ferric Chloride. 2. The Ferric Chloride solution shall have a specific gravity of between 1.28 and 1.49. Vendors shall provide the Commission a statement of each load’s specific gravity and the concentration of the Ferric Chloride upon delivery. This concentration will be used to calculate the invoice price for the delivery. The proposed unit price shall include all delivery and shipping charges. 3. The amount of Ferric Chloride to be purchased under this contract is an estimate based on current conditions. The Commission reserves the right to purchase more or less chemical during the annual term than the amount specified depending on actual need. PACKAGING AND DELIVERY: 1. Deliveries shall be made on an "as-needed basis" in 4000 gallon lots, shipments will only be received between 8:00 AM and 3:00 PM weekdays. Vendors are required to make delivery within 5 workdays of receiving a request. Tanker truck drivers shall be equipped with the appropriate PPE for use during off-loading operations. Tanker drivers shall verify with plant personnel that the connections between the tanker and the storage tank are secure, that the wheel chocks are in place on the tanker, and that the correct material is present in the tanker before beginning to off-load the tanker's contents. 2. Vendors shall provide utility plant staff with the most recent revision of the Material Safety and Data Sheet (MSDS) for this chemical. The vendor shall also provide the Commission a copy of the safety procedures their delivery personnel are required to adhere to when off-loading chemicals. 3. The Commission reserves the right to terminate this contract should the vendor fail to comply with these specifications, or if the product fails to perform adequately, or if it is determined that its continued use poses an unacceptable risk to the plant's treatment processes or its personnel. 4. The utility plant staff reserves the right to analyze the chemical upon arrival at the destination to confirm that the material meets all these specifications. The utility plant staff reserves the right to reject any delivery that it feels does not meet the specifications. All costs for rejected material shall be paid by the supplier.