Request for Bids. SUPPLY AND DELIVERY OF LIQUID SODIUM HYDROXIDE Wastewater Division. Town of North Attleborough, Massachusetts BOARD OF PUBLIC WORKS

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1 Request for Bids SUPPLY AND DELIVERY OF LIQUID SODIUM HYDROXIDE Wastewater Division Town of North Attleborough, Massachusetts BOARD OF PUBLIC WORKS DONALD CERRONE, CHAIRMAN JOHN M WALSH, VICE-CHAIRMAN MICHAEL S. THOMPSON, MEMBER

2 REQUEST FOR BIDS (RFB) FOR SUPPLY AND DELIVERY OF SODIUM HYDROXIDE I. INTRODUCTION The Town of North Attleborough, acting through the Board of Public Works, Wastewater Division, is receiving sealed bids and proposals for Supply and Delivery of Sodium Hydroxide at the Public Works Administration Building, 49 Whiting Street, North Attleborough, Massachusetts 02760, up to 11:00 am, Thursday, March 23, 2017, at which date, time and place the bids will be publicly opened and read aloud at the Public Works Administration Building Public Meeting Room. II. INSTRUCTIONS TO BIDDERS 1. On Monday, March 6, 2017 the RFB documents will be available to interested parties who request a copy from the Town at the address listed below. The RFB will be made available for pick-up upon the receipt of any properly submitted request, provided, however, that they will not be made available or mailed until 8:00 a.m., Monday, March 6, Beginning on this date, a copy of the RFB will also be available for inspection at the Department of Public Works (Town) offices at 49 Whiting Street, North Attleborough, MA 02760, Monday through Thursday between the hours of 8:00 AM and 4:00 PM and Friday from 8:00 AM until 12:00 PM. This RFB and any Addenda will be available on the Town s website. Please be sure to mimbaro@nattleboro.com with your name, address, telephone, fax, and information, to receive notice of addenda. a. Interested parties may contact Merrill Hastings ( ) with any questions or requests for clarifications. All requests for additional information must be submitted in writing. 2. All responses to this RFB must be in writing (faxed or ed proposals shall not be accepted) and in the form set forth in this RFB and delivered in sealed envelopes to: Town of North Attleborough Department of Public Works (DPW) Wastewater Division 49 Whiting Street North Attleborough, MA RE: Supply and Delivery of Sodium Hydroxide Off: 508/ Fax: 508/ (for asking questions/clarifications - ONLY!) All Bids must be submitted in accordance with Mass General Laws Chapter 30B no later than 11:00 am, Thursday, March 23, 2017, at which time the bids will be opened and 1

3 read aloud. 3. Determination of Lowest Responsive Bidder will be made within 90 days of closing date of the RFB. Unless the deadline is so extended, the failure of the Town to designate a Bid as lowest bidder by this date will constitute rejection of all Bids. 4. The Town reserves the right to waive any informalities, cancel, or reject in whole the RFB, if it is in the public s interest to do so. 5. The Town is a tax exempt purchaser under Massachusetts Laws. A tax exemption number will be provided to the awarded contractor. 6. Award will be made to the bidder with the lowest Total, based on individual unit prices, that s deemed responsive and responsible. Bidders must bid all line items on the Item Sheet and place the Total in the Bid Form. Any bidder not providing a unit price for each line item may be deemed non-responsive. 7. The DELIVERY SCHEDULE will be on an as needed basis. Contract prices shall remain fixed upon award through the Contract period, unless stated otherwise within the bid. 8. The right is reserved by the Town of North Attleborough, acting through its Board of Public Works, to reject any or all bids and to waive any informality in any or all bids if it is in the public interest so to do. 9. All prices shall be FOB Destination. 10. BID DEPOSIT: Bid Bond is not required for this bid. 11. SURETY BONDS: Labor & Materials Payment Bond is not required for this bid. 12. BID FORM: The bidder shall submit his/her proposal upon the bid form supplied within these specifications. The bidder shall specify the unit price as requested for each item bid. 13. PROPOSAL: All proposals shall be signed correctly with a typewriter or in ink. All proposals shall be submitted to the Director of Public Works, Town of North Attleborough, 49 Whiting Street, North Attleborough, Massachusetts, Each proposal shall be sealed in an envelope on which is clearly indicated: Supply and Delivery of Sodium Hydroxide, Bid Opening Date and Time of 11:00 am, Thursday, March 23, 2017, with the Name and Address of the Bidder. Proposals received at the Office of the Director of Public Works after the time of opening of bids designated in the Notice to Bidders will be returned to the bidder unopened. Proposals will be publicly opened and read at the date, time and place indicated in the Notice to Bidders. Bidders, or their authorized agents, are invited to be present. 2

4 14. QUANTITIES: There are no guarantees of the total amounts to be purchased annually. The quantities listed on the bid form are the maximum estimated amount of intended to be purchased for this contract period. One or more orders may be issued in any given year. Annual quantities shall be determined by the Director of Public Works, or his designated agent, in the best interest of the Town. This contract is intended to also include purchases that are funded by Departments outside of the Department of Public Works. For projects that are funded through other Town Departments, a separate order request will be issued by the Director of Public Works, or designee, specifying the funding source and list of products requested. No supplies shall be performed without a written order request, unless otherwise specified. The quantities specified are approximate for bidding purposes and are based on previous consumption. It is specifically understood that the Town does not agree to purchase any specific quantity, and purchases will be made for actual requirements of the Town, only. The Town may increase or decrease the quantity of any item specified without change in price per unit of quantity as stated in the Contractor s Bid Response. Bids must remain firm throughout the contract term, unless otherwise specified. No increase in the unit price bid, once accepted and awarded will be permitted. 15. TERM OF CONTRACT: It is the intention of this bid to provide a contract for one (1) year, from July 1, 2017 through June 30, ALTERNATES: Each Bidder shall acknowledge any Alternates from the specified items on the Bid Form and shall include a manufacturer s cut sheet for the proposed item. 17. AWARD: The lowest responsive and responsible bidder shall be awarded a contract based upon the summation of the total of the bid amounts for each item. At the sole discretion of the Board of Public Works, work may be awarded to different contractors for each option as defined by the type of material classification, whichever is determined in the best interest of the Town by the Board of Public Works. Before any Contract is awarded, the bidder may be required to furnish a complete statement of the origin, composition and manufacturer of all materials to be supplied under his/her bid proposal. 18. PAYMENT: Payment shall be made on the amount of work performed based upon the unit prices placed on the bid form. The payment of these amounts shall be considered full and complete payment for all labor, material and equipment necessary for furnishing, delivery and unloading of all materials under each bid item. 19. THE FOLLOWING NOTATIONS APPLY TO THE UNIT PRICE BID ITEMS: a. The estimated quantities shown on the Unit Price Bid Sheets are an approximate statement of the maximum annual amount intended to be purchased by the Town: The Town does not expressly or by implication agree that the quantities shown correspond exactly to the amount purchased, but reserves the exclusive right to order any amount of any item as may be deemed necessary and directed in writing by the Town up to the limits of the bid. 3

5 Should the Owner determine that it is necessary to decrease the quantity in any Bid Item, the Owner shall direct, in writing, a reduction in scope to the Contract. The Owner may direct a reduction in scope at any time, up to and including the final estimate and payment. In the event the actual quantity used is less that the estimated quantity in the Unit Price Bid Sheet, the Contractor shall be paid for the actual amount of units delivered and accepted, at the written bid unit price for the Bid Item. b. Indeterminate: Quantity assumed for purposes of comparison of bids. For all work performed under this Item, the undersigned agrees that he will accept in full payment therefore the unit prices stated on the bid sheet. c. The Owner reserves the right to consider the following in selecting the successful Bidder or rejecting any and all Bids if it is in the best interest of the Owner so to do: Price Make and model of equipment or materials proposed Ability to deliver products Past Performance 20. GENERAL TERMS AND CONDITIONS a. The right is reserved to reject any and all bids, to waive informalities, and to make award as may be determined to be in the best interest of the Town. b. Prices quoted must include delivery to the Town, as specified on the Contract. c. No charges will be allowed for packing, crating, freight, Express or cartage unless specifically stated and included in the bid. d. The award to the successful bidder may be canceled if successful bidder shall fail to prosecute the work with promptness and diligence. e. The successful bidder shall replace, repair or make good, without cost to the Town, any defects or faults arising within one (1) year after date of acceptance of articles furnished hereunder (acceptance not to be unreasonably delayed) resulting from imperfect or defective work done or materials furnished by the Vendor. f. The Vendor shall indemnify and save harmless the Town and all persons acting for on behalf of it from all suits and claims against them, or any of them, arising from or occasioned by the use of any material, equipment or apparatus, or any part thereof, which infringes or is alleged to infringe on any patent rights. In case such material, equipment or apparatus, or any part thereof, in any such suit is held to constitute infringement, the Vendor, within a reasonable time, will at its expense, and as the Town may elect, replace such material, equipment or apparatus with non-infringing material, equipment or apparatus, or remove the material, equipment or apparatus, and refund the sums paid therefore. g. The successful bidder shall comply with all applicable Federal State and Local laws and regulations. h. Purchases made by the Town are exempt from Federal excise taxes and bid prices must exclude any such taxes. Tax exemption certificates will be furnished upon request. i. If so stated in the Invitation to Bid the successful bidder will be required to furnish a performance and/or a labor and material payment bond, in an amount, in 4

6 a form and with a surety satisfactory to the Town. The bidder shall be responsible for the cost of the bond(s). If the Invitation for Bids requires bid surety, this surety shall be in the form of a cash, bid bond, cashier s check, treasurer s check, or certified check on a responsible bank, payable to the Town, and must be filed with the original bid in the Office of the Purchasing Agent. Failure to do so will lead to rejection of bid. The bid surety will be returned to the successful bidder within seven (7) days execution of awarded, and approval by the Town of performance and/or payment bond(s). In case of default, the bid surety shall be forfeited to the Town. j. Verbal orders are not binding on the Town and deliveries made or work done without formal Work Order or Contract are at the risk of the Vendor or Contractor and may result in an unenforceable claim. k. The Vendor shall agree to indemnify, defend and hold the Town harmless from any and all claims arising out of the performance of this contract. l. Equality - The name and identification of all materials other than the one specifically named shall be submitted to the Town in writing for approval, prior to purchase, use or fabrication of such items. Subject to the provisions of M.G.L., Ch. 30, Sec. 39J, approval shall be at the sole discretion of the Town, shall be in writing to be effective, and the decision of the Town shall be final. The Town may require tests of all materials so submitted to establish quality standards at the Vendor's expense. All directions, specifications and recommendations by manufacturers for installation, handling, storing, adjustment and operation of their equipment shall be complied with; responsibility for proper performance shall continue to rest with the Vendor. For the use of material other than the one specified, the Vendor shall assume the cost of and responsibility for satisfactorily accomplishing all changes in the work as shown. If no manufacturer is named, the Vendor shall submit a material cut-sheet of the product he intends to use for approval of the Town. m. Right To Know: Any vendor who receives an order or orders resulting from this invitation agrees to submit a Material Safety Data Sheet (MSDS) for each toxic or hazardous substance or mixture containing such substance, pursuant to M.G.L., Ch. 111F, SS8, 9 and 10 and the regulations contained in 441 CMR SS when deliveries are made. The vendor agrees to deliver all containers properly labeled pursuant to M.G.L. Ch. 111F, SS 7 and the regulations contained in 441 CMR SS Failure to submit an MSDS and/or label on each container will place the vendor in noncompliance with the purchase order. Failure to furnish MSDSs and/or labels on each container may result in civil or criminal penalties, including bid debarment and action to prevent the vendor from selling said substances or mixtures containing said substances within the Commonwealth. All vendors furnishing substances or mixtures subject to Chapter 111F of the M.G.L. are cautioned to obtain and read the law and rules and regulations referred to above. Copies can be obtained from the State House Book Store, Secretary of State, State House, Room 117, Boston, MA 02133, ( ) for $2.00 plus $.65 postage. 5

7 21. INSURANCE COVERAGE: Proof of coverage for Worker s Compensation, Commercial General Liability and Vehicle Liability shall be required at time of award. The Contractor shall provide insurance coverage as listed below. This insurance shall be provided at the Contractor's expense and shall be in full force and effect during the full term of this Contract. 22. WORKER'S COMPENSATION Worker's Compensation: Per M.G.L. c.. l49, s. 34 and c.. l52 as amended. 23. COMMERCIAL GENERAL LIABILITY 1. Personal Injury: $500,000 each occurrence, $1,000,000 aggregate 2. Property Damage: $500,000 each occurrence, $1,000,000 aggregate 24. VEHICLE LIABILITY 1. Personal Injury: $500,000 each occurrence, $1,000,000 aggregate 2. Property Damage: $300,000 III. SPECIFICATIONS SODIUM HYDROXIDE 1. SCOPE: The work of this contract consists of delivery, on an as needed basis, of Liquid sodium hydroxide for use at the Town of North Attleboro Wastewater Treatment Facility. 2. DURATION: The supplier shall supply liquid sodium hydroxide to the Town of North Attleboro for a period of one year which shall commence on the first day of July, 2017 and end on the last day of June, PRODUCT: Liquid Sodium Hydroxide shall meet the following specifications: SODIUM HYDROXIDE (CAUSTIC SODA) a. Chemical Formula NaOH b. Concentration of solution 50% by weight c. Density 12.7 lbs per gallon of solution at 60 F d. AWWA Specification Liquid Sodium Hydroxide shall conform to all applicable requirements of the American Water Works Association Specification AWWA B QUANTITY: Liquid sodium hydroxide shall be delivered in tank truck quantities, approximately 5,000 gallons per load. The yearly requirement will be approximately 40,000 gallons. 6

8 5. The Town of North Attleboro will receive the sodium hydroxide at a two inch cam lever style quick-connect coupling. 6. AFFIDAVIT OF COMPLIANCE: The supplier shall furnish an affidavit of compliance, indicating that the Sodium Hydroxide meets the requirements of AWWA B This affidavit shall be furnished with each order of liquid sodium hydroxide delivered to the Town of North Attleboro, MA. 7. PAYMENT: Payment for liquid sodium hydroxide delivered to the Town of North Attleboro shall be made at the unit price bid per gallon of liquid sodium hydroxide. Payment shall be made to the supplier on a per-gallon delivered basis, when or after the order is delivered to the Town by the supplier of its agent or See Contract. End of Section 7

9 IV. PRICE PROPOSAL FORM* Bid Item 1. Description LIQUID SODIUM HYDROXIDE AS DELIVERED TOTAL: Unit Quantity Price per Unit Total GAL 40,000 $ $ $ Signature of Authorized Representative Name of Firm (Please Print) Address Phone Number 8

10 ATTESTATION OF PAYMENT OF TAXES Pursuant to Section 49A of Chapter 62C of the Massachusetts General Laws, I certify under the penalties of perjury that X, to the best of my knowledge and belief, and (Name of Company) based on company records, have filed all State tax returns and paid all state taxes required under law. MGL Chapter 62C, Section 49A reads as follows: Any person applying to any department, board, commission, division, authority, district, or other agency of the Commonwealth or any subdivision of the Commonwealth, including a city, town or district, for a right or license to conduct a profession, trade or business, or for the renewal of such right or license, shall certify upon such application, under the penalties of perjury, that he has complied with all laws of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support. Such right or license shall not be issued or renewed unless such certification is made. NON-COLLUSION STATEMENT The undersigned certifies under the penalties of perjury that this proposal has been made and submitted in good faith without collusion or fraud with any other person. As used in this certification, the word person shall mean any natural person, business, joint venture, partnership, corporation, union, committee, club or other organization, entity, or group of individuals. Social Security # or Federal ID # COMPANY X DATE X SIGNATURE X TITLE X ADDRESS X PHONE X 9

11 CORPORATE CERTIFICATE OF AUTHORITY I,, (Clerk or Secretary as the case may be) of the hereby certify that a meeting of the Board of Directors of said Corporation was duly held on the day of, 20 at which a quorum was present and voting and that the following vote was adopted: "VOTED: that, (Officer Authorized) (Title of Officer) be and he is authorized for and on behalf of the Corporation to approve, sign, affix the Corporate Seal and deliver to the Town of North Attleborough a bond in the sum of the full amount of the Proposal, with a surety company satisfactory to the Owner, as surety will be required for the faithful performance of the Contract; and he is also hereby authorized for and on behalf of the Corporation to approve, sign, affix the Corporate Seal and deliver to the Town of North Attleborough the Contract presented to the meeting for the furnishing of the materials, supplies and services called for therein; the execution, affixing the Corporate Seal and delivery of said Contract and bond by the within named officer shall be deemed to be the document to be approved, signed, the Corporate Seal affixed and delivered as herein authorized." I further certify that was duly elected (Officer named in vote) of said Corporation and that such election and the (Title of Officer in vote) foregoing vote remain in full force and effect this day of, 20. (Clerk or Secretary as the case may be) 10