T OWN O f C ARY North Carolina
RFB 19-04 REQUEST FOR BIDS
For
SLUDGE THICKENING AND DEWATERING POLYMERS To be opened 3 p.m., Thursday, August 9, 2018
Pursuant to General Statutes of North Carolina, as amended, sealed bids and proposals, subject to the conditions and specifications herein, are invited for furnishing the following apparatus, supplies, materials, equipment and/or repair work and services. All bids and proposals will be received by the Town of Cary Purchasing Division, at the Garmon Operations Center, 420 James Jackson Avenue, Cary, NC 27513, until the date and time stated above, at which time the sealed bids and proposals will be publicly opened and read.
BY: Ryan O’Dell, Purchasing Supervisor DATE: July 11, 2018 BIDS SHALL NOT BE CONSIDERED UNLESS SUBMITTED ON THIS DOCUMENT
QUANTITY DESCRIPTION
UNIT
PRICE TOTAL
350,000 Pounds
Sludge Thickening and Dewatered Cake Polymers
$_______________
per gallon
$______________
Manufacturer: ___________________
Delivery: ___________ days
Person(s) authorized to certify the affidavit of compliance:
___________________________________
BIDDER:_________________________________
___
CONTACT:________________________________
___
ADDRESS:_______________________________
____
DATE:___________________________________
____
________________________________________
____
TELEPHONE:_____________________________
____
CONTACT EMAIL:
_____________________________________
FAX:_____________________________________
___
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In compliance with the above request for proposals, the undersigned offers and agrees, if this proposal be accepted within ______ days from the opening, to furnish any or all of the items at the prices quoted and to commence delivery of the items within ___________ days after receipt of order.
Name of Bidder: _________________________________________________
Address: _________________________________________________
_________________________________________________
Phone: _________________________________________________
Signature of authorized official: _____________________________________________
Name printed or typed: ________________________________________________
Title: _________________________________________________
Date: _________________________________________________
=======================================================================
BIDDER SHALL SIGN AND RETURN ONE COPY OF THIS FORM (PAGES 1 AND 2) AND ALL OTHER REQUIRED DOCUMENTS IN A SEALED ENVELOPE MARKED AS SHOWN BELOW:
Required Documentation:
_____ Affidavit of compliance to specifications (Material Certification, Section 6) _____ Field Jar Test Results (Specifications, Section 7)
_____ Letter of product commitment (Specifications, Section 16) _____ References from at least three municipal clients (Attachment 1)
_____ Vendor Application (Attachment 2; Section D not required at time of bid submission) STREET/FEDEX/UPS DELIVERY
Ryan O’Dell
PURCHASING SUPERVISOR TOWN OF CARY
420 JAMES JACKSON AVENUE CARY, NC 27513
RESPONSE TO RFB 19-04
US POST OFFICE DELIVERY Ryan O’Dell
PURCHASING SUPERVISOR TOWN OF CARY
P.O. BOX 8005 CARY, NC 27512-8005 RESPONSE TO RFB 19-04
T OWN O f C ARY North Carolina
INSTRUCTIONS TO BIDDERS
PLANS AND SPECIFICATIONS: Until the date of opening, the proposals, the plans and specifications of the proposed work and/or a complete description of the apparatus, supplies, materials, or equipment and/or services will be on file in the Purchasing Division offices at 420 James Jackson Avenue, Cary, NC, during office hours.
BID SUBMISSION: Bids must be submitted on the forms included in this document and must be properly signed in the spaces indicated. Bids submitted otherwise will not be acceptable.
BID SCHEDULE: BIDS WILL BE OPENED AT THE DATE AND HOUR AS STATED IN THIS SOLICITATION AND NO BID RECEIVED AFTER THE DATE AND HOUR AS SET FORTH HEREIN WILL BE ACCEPTED OR CONSIDERED.
ACTION TIME DATE
Bid Issued - Wednesday, July 11
Deadline for Questions 4 p.m. Friday, July 20
Bids Due 3 p.m. Thursday, August 30
Anticipated Award - Friday, September 28
Anticipated Start Date - November 2018
It shall be the specific responsibility of the bidder to deliver his or her bid to the designated Town official prior to the announced time of the bid opening. Later delivery of a bid for any reason, including delivery by the United States mail, shall disqualify the bid.
Upon review of the RFB/Bid documents, Contractors may have questions to clarify or interpret the RFB/Bid in order to submit the best proposal possible. Questions concerning this RFB/Bid shall be submitted in writing to Ryan O’Dell via email to [email protected] no later than 4 p.m., ET on July 20, 2018. Indicate RFB name in the subject heading of the email. Respondents are strongly advised to monitor site given below for any addenda regarding this solicitation.
http://www.townofcary.org/business-development/bids-proposals
The Town will not entertain any further questions after the question deadline. The Town will answer all questions by addenda that will be posted on the Town’s website. Only emailed questions submitted by the above date will be addressed and answered. The issuance of such written responses is the only official method by which interpretation, clarification or additional information will be given by the Town.
Only requests answered by formal written responses will be binding. Oral and other interpretations or clarifications will be without legal effect. No personal inquiry or marketing meetings will be conducted or allowed.
PRICING: Price quoted in this proposal shall be delivered, F.O.B. Destination to the location listed in the attached specifications. Bidders are warned not to include any form of Federal Excise Tax in computing their bids. The North Carolina State Sales Tax must be shown as a separate item and not included in any proposed prices. (North Carolina sales tax will be paid by the Town when shown as a separate item on an invoice for payment.) If a unit price and its extended price are inconsistent, the unit price will be considered to be the price proposed and the extended price will be adjusted accordingly.
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PRICE ESCALATION: It is the intention of the Town to receive prices firm for one year. If the bidder’s price is subject to escalation, the bidder will so state clearly on the proposal form and the following conditions will apply:
1. Bid prices will be firm for a minimum of one year from the first day of the contract period.
2. During the contract period, the bidder agrees to give the Town the benefit of any general market price reduction up to the time of delivery.
3. Justification for an increase will have to be based on a prevailing market index or detailed data showing the basis for and the amount of proposed price increase.
4. The supplier will give to the Purchasing Division of the Town a minimum of thirty (30) days advance notice of any proposed escalation stating the escalated price, the proposed effective date for that escalated price, and include backup documentation as to the nature of the increase.
Upon receiving notice of a proposed price increase from the supplier, the Town may cancel the contract at any time giving 30 days prior notice in writing to the supplier.
BID AWARD: The Town reserves the right to reject any or all bids, waive technicalities, and to be the sole judge of suitability of the equipment or services for its intended use and further specifically reserves the right to make the award in the best interests of the Town. All equipment or services listed is intended for a particular use by the Town division(s) in which it is to be utilized and must meet the requirements of that particular division(s). Other factors to be considered in awarding the bid will be price, quality, time required to make delivery and the availability of repair parts and service on equipment offered. Unless otherwise specified by the bidder, the Town reserves the right to accept any item in the bid.
SPECIFICATIONS: Any deviation from the specifications set forth must be clearly indicated on the proposal; otherwise, it will be considered that items offered are in strict compliance with these specifications, and the bidder will be held responsible thereof. Deviations from the specifications should be explained in detail. Unless otherwise defined in the Request for Bids or submission, it is understood and agreed that any item offered or furnished shall be new, in current production and in first class condition. Items shall be protected during shipping and storage by passing or packaging consistent with the method of transportation to assure delivery without damage or degradation of product quality.
Bidder shall indicate on the proposal the original manufactured source of all chemicals quoted. The Town must approve any change in source during the life of the contract.
ADVERTISING: In submitting a proposal, bidder agrees not to use the results therefrom as a part of any commercial promotion or advertising without prior written approval of the Town of Cary.
CANCELLATION: All purchase order/contract obligations shall prevail for at least 90 days after the effective date of the purchase order/contract. After such period, for the protection of both parties, this contract may be canceled in whole or in part by either party giving 30 days prior notice in writing to the other party.
MANUFACTURERS’ NAMES: Any manufacturers’ names, trade names, brand names, information and/or catalog numbers used herein are for purpose of description and establishing general quality levels.
Such references are not intended to be restrictive and equivalent products of any manufacturer may be offered. Determination of equivalency shall rest solely with the Town.
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INFORMATION AND DESCRIPTIVE LITERATURE: Bidders are to furnish all information requested in the spaces provided on the bid invitation form. Reference to literature submitted previously does not satisfy this provision. Proposals in noncompliance with these requirements will be subject to rejection.
SAMPLES: Samples may be requested as a part of the proposal submission of after the opening of proposals. When requested, they are to be furnished as called for, free of expense.
DAMAGE LIABILITY: The vendor shall protect any adjacent equipment, piping, utilities, and electrical components not associated with the work or the vendor’s operation. The vendor is responsible for any damage to the Town, and all equipment and materials used for this project caused by carelessness, neglect, abuse, or unqualified and/or unlicensed personnel. Any damage to equipment, piping, electrical system, etc., caused by vendor operations shall be repaired to original or better condition at no cost to the Town.
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SPECIFICATIONS
SLUDGE THICKENING AND DEWATERING POLYMERS
1) Intent: This specification describes requirements for Sludge Thickening and Dewatering Polymers used in Cary wastewater treatment f acilities. The polymers proposed for each of the given processes shall meet in-process optimization goals as established by each facility for sludge thickening and cake dewatering.
2) Annual Quantity: Approximately 350,000 pounds (estimate only) will be ordered on an as needed basis. Quantities listed herein represent the Town’s estimated requirements for Sludge Thickening
& Dewatering Polymers.
3) The Town reserves the option to purchase more or less than the respective quantities listed herein at the quoted prices during the contract period and also reserves the option to extend the contract for an additional period of up to twenty-four (24) additional months by mutual agreement of both parties.
4) Manufacturer: The Bidder shall state in submitted proposal, the name of the manufacturer and country of origin of the Polymer that the bidder intends to supply. The Town must approve any change in source during the life of the contract.
5) Material: The material furnished by the successful bidder to the Town shall in all shipments meet specifications guaranteed by the manufacturer in its bid. Material shall be delivered as specified, in either bulk shipments or by tote. (primary methods of delivery).
All material furnished by the successful bidder throughout the contract period shall be domestically produced from domestic raw materials, without exception.
6) Material Certification: An affidavit from the manufacturer or vendor must be furnished certifying that the polymer submitted for this bid is domestically produced from domestic raw materials and certifying compliance with all other applicable requirements of these specifications. This certification must be submitted with the bid. Failure to submit proper certification may result in rejection of bid.
If a polymer submitted for this bid includes blended materials from non-domestic sources, the bidder shall submit an affidavit that describes the materials used for manufacture and certifies that the non- domestic constituent meets strict quality control measures and will not impact or vary the quality of material supplied to the Town or impact the availability of product supplied throughout the contract period. The Town reserves the right to reject any polymers submitted that contains materials blended from non-domestic sources.
7) Jar and Performance Test Specifications: All polymer bidders shall be required to perform a “jar test”
and a batch-scale performance test at each of the following facilities: Western Wake Regional Water Reclamation Facility, 3500 Reclamation Road New Hill, NC 27562, North Cary Water Reclamation Facility, 1900 Old Reedy Creek Rd, Cary, NC 27513, South Cary Water Reclamation Facility 4900 West Lake Rd, Apex, NC 27539.
Polymer bidders may perform jar testing and batch-scale performance testing at Town of Cary Water Reclamation Facilities during the time of July 16, 2018 through August 17, 2018. Each supplier is
T OWN O f C ARY North Carolina
responsible for collecting all the sludge samples required under the supervision of plant personnel.
All suppliers wishing to collect samples or schedule on-site performance testing must schedule an appointment with facility staff. Jar testing and full-scale performance will be on Monday through Friday beginning after 8 a.m. and ending before 3 p.m. Each polymer supplier shall screen their respective products and determine the proper application rate to determine if their product will perform, at a minimum, to the standards of the Facility. It will be the polymer supplier’s responsibility to review the existing feed, storage, mixing and dewatering systems to see that they are compatible with their product. It is suggested that suppliers schedule site visits prior to the plant bench test to familiarize with the current systems at the facility.
Questions regarding scheduling jar and performance testing should be addressed to Zach Collin, Team Leader Operations, at the Western Wake Regional Water Reclamation Facility at (919) 535-5641.
8) Performance Evaluation: The Town of Cary is committed to producing the highest percent solids dewatered cake at the lowest possible cost. Controlling percent solids of the thickened or dewatered cake is primary use of Sludge Thickening and Dewatering Polymer. To that end, staff recognizes that the lowest bid polymer may not prove to be the most cost effective based upon dosage requirements.
The Town of Cary requires each bidder to conduct a polymer jar test analysis of the sludge as part of the bid evaluation process to assess the polymer’s ability to produce the following: In the dewatering process, the highest percent solids cake at the lowest possible cost; providing the dosage amounts required to achieve the desired and reported results in the thickening process, the specific facility targeted solids concentration at the lowest possible cost; providing the dosage amounts required to achieve the desired and reported results. This performance assessment will be considered when evaluating the bids.
Each Bidder shall submit the observed performance assessment data for the criteria noted below:
Sludge Thickening
1. Sludge feed rate (gpm) 2. Sludge feed solids (%) 3. Polymer dosage (mg/L)
4. Polymer make-up concentration (%) 5. Pounds of polymer per day (lbs./day) 6. Cost per pound of polymer ($/lb.) 7. Gallons processed for testing (gal.) Dewatered Cake
1. Sludge feed rate (gpm) 2. Cake percent dry solids (%) 3. Polymer dosage (mg/L)
4. Polymer make-up concentration (%)
5. Pounds of polymer per dry ton (lbs./dry ton) 6. Cost per pound of polymer ($/lb.)
7. Gallons processed for testing (gal.)
Bidders shall also provide a technical or product specialist to meet with plant operations staff to
T OWN O f C ARY North Carolina
review the performance of their product at least once a year, if so desired by the Town.
NOTE: If for any reason the polymer does not perform as reported during the testing and analysis of each facilities sludge, the Town shall have the authority to void the contract and accept the next lowest responsive, responsible bid or re-bid.
9) The price and billing price on Polymer shall be on the per pound basis and all billings shall be adjusted to this figure.
10) This product is regulated by the “Hazard Communication Standard” issued by the Occupational Safety and Health Administration. The successful bidder shall fully comply with all federal, state, and local regulations regarding product labeling, packaging and safety including providing Safety Data Sheets (SDS) with each shipment.
11) Packaging and Shipping:
a) The Polymer must be shipped in clean, suitable tanker trucks or totes as specified by the Town of Cary.
b) The The Supplier shall ensure that the product is delivered in clean containers/tanks and free of contaminants. Contamination of stock shall render the vendor liable for disposal of contaminated material, clean-up of storage facilities and full replacement of stock at Supplier expense.
c) Totes shall be of a standard size not to exceed 2,400 pounds each. Totes shall be delivered via covered box truck equipped with a suitable tail gate lift for unloading. Totes shall be disposable or accepted for return at no cost to the Town and without being washed. There shall be no minimum quantity of empty totes prior to returning empty containers.
d) Bulk tanker trucks shall have all appropriate hoses and fittings. Facility discharge connection is a 3 inch quick disconnect style and requires a minimum 50 feet of hose for connection. The load size shall be no greater than 35,000 pounds. Bulk shipments must be accompanied by a certified weight ticket indicating the net weight of Polymer delivered.
e) All deliveries shall be F.O.B. Destination.
f) A certificate of analysis shall be provided with all shipments.
12) Delivery:
a. All shipments shall be delivered within 7 days of ordering between the hours of 8 a.m. and 1 p.m.
Monday through Friday, excluding holidays. Should constraints prevent delivery within 7 days, the supplier shall contact the Town’s primary contact for that particular delivery address and coordinate delivery as applicable. The Supplier, Manufacture and Dispatch should be within the same organization or company.
b. The truck driver shall have all safety equipment necessary as required by OSHA for the handling of Polymer when making delivery. The transfer of chemicals from the tanker truck shall be considered the responsibility of the successful bidder and the tanker truck operator.
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c. All bulk delivery drivers shall report to the administration building and obtain approval prior to starting the unloading operations. Plant personnel must be present at all times during unloading.
Supplier shall make every effort to avoid nuisance conditions to the community. Noise mitigation measures shall be taken as needed. Use of jake brakes at or near the water reclamation facilities and in adjacent neighborhoods will not be allowed. Any tanker truck or tote found leaking chemicals shall not be allowed to depart the facility until appropriate repairs are made by the successful bidder or his designated representative.
d. The successful bidder and truck operator shall be responsible for cleanup of all spillage, contaminated matter, and the removal of all contaminated cleanup material. The contractor will be notified immediately of any spillage that is not cleaned up by truck driver.
e. Any spillage not properly contained or cleaned up in a rapid fashion, as observed by the Town of Cary, may at the option of the Town, be cleaned up by a third party at the Town’s direction and billed to the Supplier.
f. Service Points:
x Western Wake Regional Water Reclamation Facility, 3500 Reclamation Rd, New Hill, NC 27562
x North Cary Water Reclamation Facility, 1900 Old Reedy Creek Rd, Cary, NC 27513 x South Cary Water Reclamation Facility, 4900 West Lake Rd, Apex, NC 27539 13) REJECTION:
a) The Town reserves the right to analyze each delivery upon arrival at the destination and reject such material for failing to meet one or more of the above specifications. All freight charges on rejected material shall be paid for by the successful bidder.
b) The successful bidder will be required to follow all Town of Cary security measures and procedures.
c) All drivers must present a driver’s photo ID prior to receipt of shipment; otherwise shipment will not be accepted.
14) Contacts: Questions regarding scheduling jar and performance testing should be addressed to Zach Collin, Team Leader Operations, at the Western Wake Regional Water Reclamation Facility at (919) 535-5641. Questions regarding the bid process should be addressed to Ryan O’Dell, Purchasing Supervisor, (919) 469-4078.
15) Delivery order must show specific quantities and must reflect the price(s) on the vendor’s bid sheet.
Each invoice submitted must include the same delivery order number that authorized the purchase.
All invoices are to be sent to Town of Cary, Accounts Payable, P O Box 8049, Cary, NC 27512.
16) 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 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.
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17) REFERENCES: Each bidder shall submit at least three (3) references from large municipal wastewater utilities for which the polymer being bid is or has been supplied by the bidder utilizing Attachment 1. This reference list must be submitted with the bid. Failure to submit this reference list may result in rejection of bid.
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SUPPLEMENTAL TERMS AND CONDITIONS
BIDDER SHOULD READ AND UNDERSTAND THE CIRCUMSTANCES AND PROCEDURES UNDER WHICH THIS BID IS LET. BIDDER'S RESPONSE TO THE REQUEST FOR BIDS (RFB) SIGNIFIES ACCEPTANCE OF THE OBLIGATIONS AND RIGHTS SPECIFIED HEREIN. THE BIDDER AND/OR BIDDERS TO WHOM THE CONTRACT IS AWARDED MUST COMPLY FULLY WITH NORTH CAROLINA GENERAL STATUTES AND ANY APPLICABLE STATE AND FEDERAL LAW OR REGULATION.
The specifications, terms and conditions included with this Request for Bids shall govern in any resulting contract(s) unless approved otherwise in writing by the Town of Cary. Bidder consents to personal jurisdiction and venue in a state court of competent jurisdiction in Wake County, North Carolina.
Town of Cary ordinance requires all vendors, regardless of their location, to have a Town of Cary business license if they are performing services within the Town's corporate limits.
GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of any items offered on this proposal, it shall be the responsibility of the successful bidder to notify the Purchasing Division at once, indicating in writing, the specific regulation which requires such alterations. The Town reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to immediately cancel the contract.
VERIFICATION OF WORK AUTHORIZATION: Contractor represents and warrants that now and continuing for the term of Contract, Contractor, and all subcontractors, will comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes, “Verification of Work Authorization,”
and will provide documentation or sign affidavits or any other documents requested by Town demonstrating such compliance.
LIMITED ASSIGNMENT/DELEGATION: This Contract/Purchase Order shall bind Bidder and its successors and permitted assigns. Bidder shall not assign or transfer its rights or interest in Contract (including the right to payment), nor shall Bidder delegate its duties under Contract/Purchase Order, without the Town’s written consent, which the Town may grant or withhold in its sole discretion. The Town’s consent shall not release Bidder of any obligation under Contract/Purchase Order and Bidder and permitted assigns shall be subject to all of Town’s defenses. Any attempt to assign Contract/Purchase Order without the prior written approval of Town shall be void. If Bidder utilizes approved subcontractors, Bidder shall be responsible for the scheduling, completeness, quality, accuracy and timeliness of all their work. Town has the right to request that any subcontractor be replaced due to unsatisfactory performance.
SEVERABILITY: If any provision of Contract is held as a matter of law to be unenforceable, the remainder of Contract shall be enforceable without such provision.
NON-EXCLUSIVE REMEDIES/NO WAIVER: The selection of one or more remedies for breach shall not limit a party’s right to invoke any other remedy available under Contract or by law. No delay, omission or forbearance to exercise any right, power or remedy accruing to a party shall impair any such right, power or remedy or shall be construed to be a waiver of any breach hereof or default. Every right, power or remedy may be exercised from time-to-time and as often as deemed expedient.
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PATENTS: The contractor agrees to hold and save the Town, its officers, agents, and employees harmless from liability of any kind, including cost and expenses, with respect to any claim, action, cost or judgment from patent infringement arising out of the purchase or use of equipment, materials, supplies, or services covered by this contract.
SURVIVAL: All representations, indemnifications and other terms and conditions of Contract which by their nature should survive Contract termination shall survive its expiration or termination.
GIFTS AND FAVORS: Bidder shall become aware of and comply with laws related to gifts and favors, conflicts of interest and the like, including G.S. §14-234, G.S. §133-1, and G.S. §133-32.
NONDISCRIMINATION: Neither party shall discriminate on any prohibited basis. Contractor shall comply with the Americans with Disabilities Act of 1990 (“ADA”).
NOTICE: All notices shall be in writing and delivered to the other party by personal delivery, commercially recognized overnight courier service, or prepaid U.S. certified mail, return receipt requested, addressed as follows:
TO CONTRACTOR: To the Contractor’s address provided in Contract, or as otherwise specified in writing to Town by Contractor.
TO TOWN: Project Manager, Town of Cary, 316 N. Academy St., PO Box 8005, Cary, NC 27512-8005.
Contractor shall specify Project Manager by full name, and shall include name of Project.
Notice shall be effective upon the earlier of: (a) actual receipt; or (b) 3 days after deposit in the U.S.
mail or other service. Each party is responsible for notifying the other of any change of address.
INVOICES: For prompt payment you may mail all invoices to the Town of Cary, Accounts Payable, PO Box 8005, Cary, NC 27512. All invoices must include the Purchase Order Number. Invoices submitted without the correct purchase order number will result in delayed payment.
DISPUTE RESOLUTION: If Services are performed in connection with a construction contract subject to GS §143-128(f1), and a dispute arises with an amount in controversy that exceeds $15,000.00 Contractor shall participate in the Town’s dispute resolution process.
ELECTRONIC VERSION OF PURCHASE ORDER/CONTRACT: Town may convert a signed original of the Purchase Order/Contract to an electronic record pursuant to a North Carolina Department of Cultural Resources approved procedure and process for converting paper records to electronic records for record retention purposes. Such electronic record of the Purchase Order/Contract shall be deemed for all purposes to be an original signed Purchase Order/Contract.
NO THIRD PARTY BENEFICIARIES: Unless otherwise explicitly stated, there are no third party beneficiaries to Contract.
PRE-AUDIT REQUIREMENT: This Contract has not been fully executed and is not effective until the Preaudit Certificate (if required by NCGS 159-28) has been affixed and signed by the Town of Cary finance officer or deputy finance officer.
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PERFORMANCE OF GOVERNMENT FUNCTIONS: Nothing contained in this Contract shall be deemed or construed so as to restrict or inhibit the Town’s police powers or regulatory authority.
Principles of Interpretation and Definitions: IN THIS CONTRACT, UNLESS THE CONTEXT REQUIRES OTHERWISE: (1) THE SINGULAR includes the plural and the plural the singular. The pronouns “it” and
“its” include the masculine and feminine. (2) References to statutes or regulations include all statutory or regulatory provisions consolidating, amending, or replacing the statute or regulation. References to contracts and agreements shall be deemed to include all amendments to them. The words “include,”
“including,” etc. mean include, including, etc. without limitation. (3) References to a “Section” or “section”
or “paragraph” shall mean a section or paragraph of this Contract. (4) “Contract” and “Agreement,”
whether or not capitalized, refer to this instrument. (5) Titles of sections, paragraphs, and articles are for convenience only, and shall not be construed to affect the meaning of this Contract. (6) “Duties” includes obligations. (7) The word “person” includes natural persons, firms, companies, associations, partnerships, trusts, corporations, governmental agencies and units, and other legal entities. (8) The word
“shall” is mandatory. (9) The word “day” means calendar day. (10) Normal business hours means Monday through Friday from 8 a.m. until 5 p.m. Eastern Standard Time.
Federal Funds: The Contractor shall make all necessary inquiries to correctly identify the source of funding for Contract. If the source of funds for Contract is federal funds, the following federal provisions apply pursuant to 2 C.F.R. §200.326 and 2 C.F.R. Part 200, Appendix II (as applicable), unless a more stringent state or local law or regulation is applicable: Equal Employment Opportunity (41 C.F.R. Part 60); Davis-Bacon Act (40 U.S.C. 3141-3148); Copeland “Anti-Kickback” Act (40 U.S.C. 3145); Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708); Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387); Debarment and Suspension (Executive Orders 12549 and 12689); Byrd Anti-Lobbying Amendment (31 U.S.C. 1352); Procurement of Recovered Materials (2 C.F.R. §200.322); and Record Retention Requirements (2 C.F.R. §200.324).
FURTHER ASSURANCES: Contractor agrees that it will cooperate with Town and will execute and deliver, or cause to be delivered, all such other instruments, and will take all such other actions, as Town may reasonably request from time to time in order to effectuate the provisions and purposes of Contract.
*See Purchase Order Terms and Conditions in Attachment 3 at the end of this document.
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ATTACHMENT 1 MUNICIPAL REFERENCES
Please provide a minimum list of three (3) references of current or prior large municipal water utility to whom the liquid ammonium sulfate being bid is or has been supplied.
Name of Utility _____________________________________________________________
Address ____________________________________________________________________
Contact Person ____________________________________
Telephone ____________________ Email: _____________________________________
Delivery Dates ______________________________________________
Approximate Annual Quantity _________________________________________
Name of Utility _____________________________________________________________
Address ____________________________________________________________________
Contact Person ________________________________
Telephone ______________________ Email: _____________________________________
Delivery Dates ______________________________________________
Approximate Annual Quantity _________________________________________
Name of Utility _____________________________________________________________
Address ____________________________________________________________________
Contact Person ________________________________
Telephone ______________________ Email: _____________________________________
Delivery Dates ______________________________________________
Approximate Annual Quantity _________________________________________
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ATTACHMENT 2 VENDOR APPLICATION
(Following Page)
VENDOR APPLICATION
Vendor Number
Submit to:
[email protected] or fax 919/388-5810 For questions call 919/462-3849 PLEASE PRINT CLEARLY
Section A - Vendor General Information:
(As shown on your income tax return)
(Business name/ disregard entity name if different from above)
State Zip Code
Remit to (address for payment remittance):
Provide an alternate address for remittance of payments even if direct deposit is utilized.
Mailing Address
City State Zip Code
Toll-free
Number Fax #
Name of Contact:
Materials/goods
Section B - Vendor Profile Information
Type of Purchase
Professional Serivces C
onstruction / Repair
Town of Cary316 N. Academy St.
PO Box 8049 Cary, NC 27513
Date: New Vendor Application Current Vendor - Please Update
Vendor name
Business name
Mailing Address City
Business Phone
Other Services Type of Business
Corporation S-Corporation
Medical& Legal State Agency Federal Agency
VENDOR APPLICATION
MWBE:
Yes No
If Yes, Please select the state agency that certified your company : select all that apply
HUB: DOT
OtherEnter the start date of your state certification
Enter the end date of your state certification
Please attach a copy of your current HUB, DOT or Other Certification
REQUIRED
Not completing/submitting this required information will delay payment processing.
1.
The number shown on this form is my correct taxpayer identification number or I am waiting for a number to be issued to me2.
andI am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or the IRS notified me that I am no longer subject to backup withholding, and3.
I am a U.S. citizen or other U.S. person. Signature of U.S. person (required)Authorized Signature (Required)
Date Printed name
Is your company certified as a MWBE (Minority Women-owned Business Enterprise):
A vendor certified by either NC DOA for Historically Underutilized Businesses (HUB) or certified by the NC Department of Transportation (DOT)
Section C - Substitute W-9 Form
– You may also attach your W-9 form when you submit your application.Request for Taxpayer Identification Number and Certification (required if U.S. Citizen or U.S. Person):
Taxpayer Identification number Social security number
ORInternational / Foreign Vendors Please attached a copy of your Form W-8BEN ( Required )
Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding and Reporting (Individuals)Who Must Provide Form W-8BEN You must give Form W-8BEN to the withholding agent or payer if you are a nonresident alien who is the beneficial owner of an amount subject to withholding, or if you are an account holder of an FFI documenting yourself as a nonresident alien. If you are the single owner of a disregarded entity, you are considered the beneficial owner of income received by the disregarded entity. Submit Form W-8BEN when requested by the withholding agent, payer, or FFI whether or not you are claiming a reduced rate of, or exemption from, withholding. You should also provide Form W-8BEN to a payment settlement entity (PSE) requesting this form if you are a foreign individual receiving payments subject to reporting under section 6050W (payment card transactions and third-party network transactions)
Under penalties of perjury, I certify that:
VENDOR APPLICATION
Payment Account Information
(for US financial institutions only)
CHECKING ACCOUNT ONLY
Financial Institution Name Routing number
Account number
Authorized Signature (Required)
Date
Representative for Town of Cary Only Tax ID – OFAC – Tin Matching
Reviewed and Verified by: ______________ Date_____________
Code: ____________
Print Name:
E-mail (required for direct deposit)
By providing an e-mail address, I authorize notifications of payment(s) posting to my account.
Please notify us immediately if you close this account or wish to discontinue receiving funds electronically.
Section D - Payment Confirmation & Authorization for EFT Payment Setup :
I want to participate in the EFT/ACH ( Direct Deposit) program:
We encourage our vendors to participate in the EFT program....
Faster Payments › ACH payments can be credited to your account in less than three business days. Payments made through the U.S. Postal Service can take seven to ten days. › Banks do not hold ACH payments like they do checks. Your funds are available
as soon as the ACH payment is credited to your account.
Fewer Hassles ›ACH payments eliminate the need for paper checks and envelopes as well as the fuel and energy used to prepare and deliver checks. › Your ACH payment cannot be lost in the mail or sent to an outdated address. › You can receive immediate notification of each ACH payment (with remittance detail) sent to the email address you provide. › You will save time by not traveling to the bank or waiting in lines to deposit your check.
Authorization for EFT Setup for the Town of Cary
I acknowledge that electronic payments to the designated account must comply with the provisions of U.S. law, as well as the requirements of the Office of Foreign Assets Control (OFAC). I affirm that, regarding electronic payments the Town of Cary may remit to the financial institution for credit to the account that I have designated, the entire payment amount is not subject to being transferred to a foreign bank account.
If you are unable to make the above affirmation, the Town of Cary will not be able to process your payment by EFT and will continue to process all payments to your company by check.
As an authorized representative of the company named above, I authorize the Town of Cary to begin transferring all payments due to us electronically to the banking institution listed above. I also authorize the Town, following oral communication, to debit amounts that result from an overpayment to the Town’s account.
VENDOR APPLICATION
Instructions for preparing the Vendor Setup Application for New Vendors
Section A - Vendor General Information:
Provide the vendor's basic information so that it may be entered into the vendor system.
Remit To: Provide an alternate address for remittance of payments even if EFT is utilized.
Section B - Vendor Profile Information:
Type of Purchase:
Vendor shall identify if they provide goods, services, or a combination of both.
Vendor Classification:
Vendor shall identify, which one of the following vendor classifications, they qualify as: corporation (provide the corporate charter number), medical/legal, state agency, federal agency, non-profit (501 C), PLS,
individual/sole proprietorship, partnership, LLC taxed as a sole proprietor, or LLC taxed as a partnership.
MWBE:
A vendor certified by either NCDOA for Historically Underutilized Businesses (HUB) or certified by the NC Department of Transportation (DOT)
Section C - Substitute W-9 Form & W-8BEN
Please note that the Vendor name and Tax ID are required.
Providing the taxpayer information is required for initial vendor set-up. The form must contain an original signature in this section for set-up to conduct business with the Town of Cary.
Section D - Payment Account Information & Authorization for EFT Payment Setup : Select if you wish to participate in the EFT program...
Important: Your EFTaccount information may be different from the account information printed on your checks. It is recommended that you contact your financial institution to confirm your direct deposit account information
Authorization for EFT Payment Setup for the Town of Cary
(Required for direct deposit ): Provide the contact name, date, and e-mail to which payment notifications are to be sent for direct deposits. Notifications are sent for EFT payments only, and e-mails are sent one business day prior to the deposit.
Once this form has been completedand signed - please fax to 919/388-5810 or e-mail to: [email protected].
International / Foreign Vendors Please attached a copy of your Form W-8BEN ( Required )
T OWN O f C ARY North Carolina
ATTACHMENT 3
PURCHASE ORDER TERMS AND CONDITIONS
If seller refuses to accept the order exactly as written, they will return it at once with explanation.
Purchaser will not be responsible for any goods delivered without purchase order.
Seller will send separate invoices for each purchase order number.
Seller will deliver no invoices to purchaser’s employees.
No boxing, packing or cartage charges will be allowed by purchaser unless specifically authorized on the face of this order.
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.
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.
In the event of seller’s 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.
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.
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.
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.
Purchaser reserves the right to place in seller’s plant, at purchaser’s expense, an inspector or inspectors who shall be permitted to inspect before shipment, or during the process of manufacture, any material on this order.
Seller agrees not to release any advertising copy mentioning purchaser or quoting the opinion of any of purchaser’s employees.
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.
T OWN O f C ARY North Carolina
Unless this contract is exempt therefrom under the rules and regulations of the President’s 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.
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.
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.
The terms and conditions of sale as stated in this order govern in event of conflict with any terms of seller’s proposal, and are not subject to change by reason of any written or verbal statement by seller or by any terms stated in seller’s acknowledgment unless same be accepted in writing by the TOWN OF CARY.
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.
