HomeMy WebLinkAbout2017-02-22 Odor Carbon Bid Package Final 22 Feb 2017
Table of Contents - 1
TABLE OF CONTENTS
TABLE OF CONTENTS
PART 1 - BID FORMS
INVITATION TO BID
INSTRUCTIONS AND INFORMATION FOR BIDDERS
EXHIBIT A - BID PROPOSAL
PART 2 - CONTRACT FORMS
EXHIBIT B – CONTRACT
.............................................................................................................................................
PART 3 – SPECIFICATIONS
Invitation to Bid - 1
INVITATION TO BID
Project Name: The City of Port Townsend will be accepting bids for:
12,000 Pounds of Activated Carbon for the Wastewater Treatment Facility
Project Description: This project includes: the work necessary to furnish and deliver to the City of
Port Townsend wastewater treatment facility the 12,000 Pounds of Activated Carbon for the
Wastewater Treatment Facility. The material supplied shall be new, unused material.
Delivery. Bidder must state the number of days after the award that they will guarantee delivery.
All units must be delivered within _90_ calendar days from the Notice to Proceed to deliver the
mixer to the City of Port Townsend.
Bid Submittal. Bids may NOT be received by fax. Only sealed bids will be accepted – See
Instructions for Bidders.
Date for Bids. Bids will be accepted until 3:00 PM, Wednesday April 5, 2017, City Clerk’s
Office, 250 Madison Street, Suite 2, Port Townsend, WA 98368. Any bids received after the
specified time and date will not be considered.
Prescribed Forms. Each bid must be submitted on the prescribed bid forms.
Right to Reject Bids. The City of Port Townsend reserves the right to reject any and/or all bids and
to accept the bid deemed most advantageous to the City of Port Townsend and to waive all
informalities and irregularities in the bidding.
Inquiries regarding this bid request should be directed to John Merchant via email at
jmerchant@cityofpt.us
Dated this February 22, 2017
City of Port Townsend, WA
By: David Timmons, City Manager
Instructions and Information for Bidders - 1
INSTRUCTIONS AND INFORMATION FOR BIDDERS
Procurement of Bid Documents. The City places the bid package and all amendments for this
project on the City’s website. If you receive the bid package and amendments from the City’s
website you need to send an email to jmerchant@cityofpt.us notifying us that you intend or are
looking at bidding on this project or you may not receive any amendments and have the up to-
date package. If you’ve received a bid package from the City, you will have received the then
current package at the time of your request, but please be aware there could then be subsequent
amendments.
Receipt of Bids. Bids must be submitted on the forms provided herewith, all blanks of which must
be appropriately filled in. The bid must be submitted in a sealed envelope bearing on the outside
the name of the bidder, his/her address, the date submitted, and the type of supply or service for
which the bid is being submitted; if forwarded by mail, the bid must be enclosed in another
envelope addressed to the City of Port Townsend. The City of Port Townsend may consider non-
responsive any bid not prepared and submitted with provisions hereof.
Withdrawal of Bids. Any bid may be withdrawn prior to the scheduled time for opening of bids or
authorized postponement thereof. No bid or proposal may be withdrawn after the time set for the
bid opening or before award of contract, unless said award is delayed for a period exceeding sixty
days.
Late Bids. Any bid received after the time and date specified shall not be considered.
Bid Documents. Each bid must be accompanied by the following completed forms executed as
required.
Exhibit A, Bid Proposal
Contract. The form of Contract is included in the bid package marked as Exhibit B, which is the
form that shall be used and required of the bidder to be executed for the Contract. The party to
whom the Contract is awarded will be required to execute the Contract, within ten calendar days
from the date when Notice of Award is delivered to the bidder.
Proposals. All bids must be made on the required Bid Proposal and must include the required
bid documents. All blank spaces for bid prices must be filled in, in ink or typewritten, and the Bid
Proposal must be fully completed and executed when submitted. Only one copy of the bid is
required.
Basis of Award. The City will select and award the Contract to the lowest responsive, responsible
bidder whose proposal, submitting the base bid, or base bid plus any alternatives (if any) selected by
the City, as determined most advantageous to the City.
If at the time this contract is to be awarded, the lowest acceptable Bid exceeds the funds then
estimated by the City as available, the City may reject all Bids or take such other action as best
serves the City’s interest.
Instructions and Information for Bidders - 2
If the Bid Proposal form includes alternatives, City may accept all, part, or none of the listed
alternative bids. Apparent low bidder selection may be based on the total of the base bid plus those
alternative bids the City chooses to accept (at the sole discretion of the City.)
Award of Contract. Contract award or bid rejection will occur within thirty calendar days of bid
opening.
Execution of Contract. Within ten calendar days after the award date, the successful bidder shall
return the signed Contract.
Waiver or Rejection. The City may waive any informality or minor defect or reject any and all bids
at any time.
Bidder Familiarity with Requirements. Bidders must satisfy themselves of the accuracy of
estimated quantities, specifications and contract requirements, by personal examination of any
plans, specifications, all bid and contract documents, the site or sites or location of the proposed
work, and by any other examination or investigation which they may desire to make as to the nature
of the contract requirements or any difficulties to be encountered. The failure or omission of any
bidder to do any of the foregoing shall in no way relieve any bidder from any obligation in respect
to his bid, and the bidder shall not assert that there was a misunderstanding concerning the work or
of the nature of the work to be done, or of the requirements of the contract.
Attorneys-in-Fact. Attorneys-in-fact who sign a Performance Bond must file a certified and
effective dated copy of their Power of Attorney with the bond.
Notice to Proceed. A Notice to Proceed shall be issued within ten days of contract execution.
Should there be reasons why the Notice to Proceed cannot be issued within such period, time may
be extended by mutual agreement between the City and the Contractor. If the Notice to Proceed has
not been issued within ninety days of bid opening or within the period mutually agreed upon, the
Contractor may terminate the Agreement without further liability on the part of each party.
Qualifications of Bidders. The City may make such investigations as it deems necessary to
determine the ability of the bidder to perform the work, and the bidder shall furnish to the City all
such information and data for this purpose as the City may request. The City reserves the right to
reject any bid if the evidence is submitted by or an investigation of such bidder fails to satisfy the
City that such bidder is properly qualified to carry out obligations of the contract and to complete
the work contemplated therein.
Applicable Law. All applicable laws, ordinances and the rules and regulations of all authorities
having jurisdictions over the City or of the work to be performed by the contractor shall apply to the
contract throughout, and the bidder shall be required to be familiar with and comply with any such
laws, ordinances, rules and regulations.
Conditional or Qualified Bids. A conditional or qualified bid will not be accepted.
Instructions and Information for Bidders - 3
Corrections, Interpretations and Addenda. Any omissions, discrepancies, or need for interpretation
should be brought in writing via email to jmerchant@cityofpt.us or mailed to the following:
John W. Merchant
360-385-3193 Ext. 3197
City of Port Townsend Public Works – WWT/Compost Division
250 Madison Street, Suite 2R
Port Townsend, WA 98368
Written addenda to clarify questions, which should arise, will then be issued if appropriate. All
interpretation or explanation of the bid contract documents shall be in the form of an addendum,
and no oral statements by the City or any other officer, employee or other agent or representative of
the City shall in any way modify the contract or bid documents, whether made before or after letting
the contract.
Cooperative Purchasing. The Washington State Interlocal Cooperative Act RCW 39.34 provides
that other governmental agencies may purchase goods and services on this solicitation or contract
in accordance with terms and prices indicated therein if all parties are willing. Each
governmental agency may sign separate agreements with the awarded vendors.
Payment. Payment shall be made once the City has received and inspected and approved the
delivered piece of equipment. Failure to perform any of the obligations under the contract by the
Contractor may be decreed by the City to be adequate reason for withholding any payments until
compliance is achieved, including withholding amounts from any payment based on substantial
completion to cover the City’s cost to complete any punch list items.
Sales Tax/Use Tax. Retail sales tax to be collected from the City on the Contract amount shall be
stated separately in the spaces provided, as applicable, and shall not be included in the unit or lump
sum prices stated in the Proposal. The amount of retail sales tax stated will not be considered as a
competitive bid item and will be considered to be an estimate only.
All other federal, state, and local sales, use, or other taxes as required by federal, state, or local laws
shall be included in the unit prices, lump sum price, or other prices stated in the Proposal.
EXHIBIT A
BID PROPOSAL
Proposal of
(hereinafter called "Bidder"), organized and existing under the laws of the State of, doing business
as .
To the City of Port Townsend ("City"):
In compliance with your Invitation for Bids, Bidder hereby proposes to perform all work for the
following project or contract: Supplying and delivery of 12,000 Pounds of Activated Carbon
for the Wastewater Treatment Facility in strict accordance with the Contract Documents and
within the time set forth therein, and at the prices stated below.
The bidder certifies that he has personally examined the site and has carefully examined the plans,
specifications and contract documentation for the project.
By submission of this Bid, each Bidder certifies, and in the case of a joint Bid each party thereto
certifies as to his own organization, that this Bid has been arrived at independently without
consultation, communication or agreement as to any matter relating to this Bid with any other
Bidder or with any other competitor.
Bidder hereby agrees to commence work under this Contract on or before a date to be specified in
the Notice to Proceed.
Receipt is hereby acknowledged of Addendum(s) No(s): ____________________________
[NOTE: write “none” if there were no addendums.]
1. If the Bidder is a sole proprietorship, so state and give the name under which business is
transacted.
______________________________________________________________________
2. If the Bidder is a co-partnership, so state, giving firm name under which business is transacted.
______________________________________________________________________
3. If the Bidder is a corporation, this Proposal must be executed by its duly authorized officials.
Bidder's Firm Name Date
By:_________________________________
Authorized Signature (required)
Bidder's address and
telephone/fax numbers for
official communications:
Proposal Section
Req.
Item
Comm. Code Description Qty Unit Unit
Price
Total
Price
1. 0001 12,000 Pounds of Non-impregnated
Activated Carbon for the Wastewater
Treatment Facility as specified in attached
specifications.
For Product Bid State:
Mfg.:
Brand/Model:
1 Ea $ $
2. Sales Tax 1 Ea 9.0%
Total $
Alternate for the above carbon
3. 0002 12,000 Pounds of Impregnated (KOH)
Activated Carbon for the Wastewater
Treatment Facility as specified in attached
specifications.
For Product Bid State:
Mfg.:
Brand/Model:
1 Ea $ $
4. Sales Tax 1 Ea 9.0%
5.
Total $
Bidders shall state estimated delivery time from notice to proceed (Days) ________
Days
Part 3 Specifications
Minimum SPECIFICATIONS
Description Check If
As
Specified
Describe Fully If Not As
Specified
Activated Non Impregnated Carbon
1. New odor control non-impregnated carbon material shall be activated. The activated carbon
shall be bituminous coal based. The carbon shall be capable of adsorbing and removing odor
causing compounds throughout the pellet volume in a wastewater treatment environment.
2. Alternate Carbon Media Impregnated (KOH)
The odor removing carbon based media shall consist of manufactured porous pellets. Pellets shall be
formed from a combination of high quality activated carbon, and other binders, suitably impregnated
with caustic chemicals to enhance the capacity for removal of hydrogen sulfide (H2S). The media
shall be capable of adsorbing and removing odor causing compounds throughout the pellet volume.
The City of Port Townsend will be either purchasing 12,000 pounds of the non-impregnated carbon or
the impregnated carbon. Not both. The City will choose the product that is in the best interest of the
City.
Manufacturers:
1 Carbon Link Corporation
2. Siemens Water Technologies
3. CALGON CARBON CORPORATION
4. Selective Adsorption Associates Inc.
5. Or Equal
1.0 Quantity of Activated Carbon
1.0 12,000 Lbs of carbon (either non-impregnated or KOH
impregnated).
2.0 Non- Impregnated Specifications
2.1 4mm x 6mm pellets.
2.2 Packaged in 50Lb or 55Lb sacks.
2.3 Carbon suitable to be used for wastewater treatment odor
control vapor phase.
2.4 Hardness Number to be 95 to 97
2.5 H2S Capacity (minimum) 0.30 g H2S/cc Carbon (ASTM
Method D6646).
2.01 Potassium Hydroxide (KOH) Impregnated Carbon
(10%) Specifications
2.02 4mm x 6mm pellets.
2.03 Packaged in 50Lb or 55Lb sacks.
2.04 Hardness Number to be 95 to 97
Description Check If
As
Specified
Describe Fully If Not As
Specified
2.05 H2S Capacity (minimum) 0.14 g H2S/cc Carbon (ASTM
Method D6646).
3.0 Delivery Requests
3.1 Truck, delivered on pallets. To: City of Port Townsend
Wastewater Treatment Facility 5300 Kuhn Street, Port
Townsend, WA 98368
3.2 Delivery Truck w/ lift gate preferred.
3.3 Trucking company to telephone drop point 24hrs before
delivery. (360) 385-3193.
4.0 WARRANTY
4.1 Carbon and packaging shall be warranted against
manufacturing defects.
Bidders submitting literature stating warranties that do not fully
comply with warranty requirements of this specification
must submit a letter from the manufacturer certifying
warranty compliance as an integral part of their proposal.
Failure to comply may cause the proposal to be deemed
“non-responsive” and rejected without further review.
1.0 Descriptive literature
Descriptive Literature: If bidding other than specified, bidder is to provide with
bid response descriptive literature fully describing product bid. Failure to do so
may result in bid rejection.
1.1 WARRANTY(IES)
Bidder will submit a copy of warranty as an attachment to bid and items delivered under
this contract will also be accompanied by a copy of the warranty. Unless otherwise
specified, full parts and labor warranty period shall be for a minimum period of one (1)
year after receipt of materials or equipment by the Purchaser. All materials provided shall
be new and unused.
In the event of conflict between contract terms and conditions and warranty submitted, to
afford the City of Port Townsend maximum benefits, the contract terms and conditions
shall prevail.
1.2 DEALER AUTHORIZATION
The Bidder, if other than the manufacturer, shall provide a current, dated, and signed
authorization from the manufacturer that the bidder is an authorized distributor, dealer or
service representative and is authorized to sell the manufacturer's products. Failure to
comply with this requirement may result in bid rejection.
2 BID EVALUATION
2.1 EVALUATION / AWARD
It is the City of Port Townsend's intent to award a contract(s) to the lowest
responsive/responsible bidder(s). To assure compatibility and/or for efficiency
and economy, award will be made on what is in the best interest of the City.
2.2 Shipping terms
All bidders are required to bid FOB destination.
2.3 PRICING
Pricing shall remain firm and fixed for the term of the contract.
2.4 MATERIALS AND WORKMANSHIP
The Contractor shall be required to furnish all materials, equipment and/or services
necessary to perform contractual requirements. Materials and workmanship in the
construction of equipment for this contract shall conform to all codes, regulations and
requirements for such equipment, specifications contained herein, and the normal uses for
which intended. Materials shall be manufactured in accordance with the best commercial
practices and standards for this type of equipment.
EXHIBIT B
AGREEMENT
This AGREEMENT, made and entered into this day of , 2017, by and between
the CITY OF PORT TOWNSEND, Washington, hereinafter referred to as the "City, " and
hereinafter referred to as the "Supplier";
RECITALS
WHEREAS, the City is desirous of contracting with said supplier for the purchase of
WHEREAS, the Supplier has submitted the lowest bid for the sale of said
and will be the supplier if said material is needed by the City.
NOW, THEREFORE, IN CONSIDERATION OF THE TERMS, CONDITIONS AND
COVENANTS HEREIN CONTAINED, the parties agree as follows:
AGREEMENT
1. Purchase and Sale. The City hereby agrees to purchase the
,
needed and required by it during the period from
to from the Supplier , and the Supplier agrees to furnish, supply and
deliver to the City said
needed, required and ordered during said period.
2. Contract Documents. The Contract between the parties includes this Agreement along
with all bid documents and Exhibits, each incorporated herein by this reference as if set forth in
full.
3. Price. The City agrees to pay for said
the price as set forth in the Supplier's proposal.
4. Payment. Payment by the City shall be made monthly upon receipt of invoices from
the Supplier, which shall be subject to verification as to quantities and qualities.
5. Materials. The materials so delivered shall conform to specifications provided in the
above-mentioned documents, shall be merchantable and of high quality, and fit for the purposes
of use intended by the City.
6. Delivery and Risk of Loss. The Supplier agrees to deliver the products to the place as
designated in the Request for Bids within days of a request for delivery by the City. Title
shall pass to the City on delivery to said designated place. Risk of loss, destruction or damage to
the products shall be on the Supplier until title passes to the City.
7. Delays in Delivery. The City agrees that the Supplier shall not be liable for any delay
or non-performance due to the failure of the source of supply from which the Supplier obtains the
products to make delivery, or due to delays in transportation, or due to strikes, labor difficulties,
floods, fires or acts of God, or to the acts of regulations or any governmental authority or branch
or agency thereof.
8. Cover for Non-Delivery. In the event of delay or non-performance by the Supplier for
the reasons set forth in Section 7 of this Agreement, or for any other reason, the City shall be free
to obtain said products from other sources without incurring liability or damages to the Supplier
thereof.
9. Assignment; Delegation. The Supplier shall not assign this Agreement nor delegate
any duties hereunder without the prior written consent of the City.
10. Insurance. The Supplier shall at all times during the term of this Agreement maintain
all insurance required in accordance with the Bid Document, which is by this reference
incorporated herein as if set forth in full. All insurance requirements shall be satisfied prior to or
upon execution of this Agreement by the City.
11. Applicable Law; Venue. This Agreement shall be subject to, and the Supplier shall
at all times comply with, all applicable federal, State and local laws, regulations, rules and
provisions of the Charter, Municipal Code and ordinances of the City of Port Townsend. Venue
for any action hereunder shall be in Jefferson County.
12. Termination. This Agreement can be terminated by either party upon default in
performance of the other party, if such default is not cured within 10 days of notice thereof, and
upon notification of intent to terminate this Agreement in writing 30 days prior to the date of
termination. In case of default, the non-defaulting party shall have any and all remedies available
to it in law or equity.
13. Notices. Any notice required by this Agreement may be delivered personally or
mailed, certified with return receipt requested. If mailed, notice shall be deemed given upon the
first business date after the date of postmark. Notices shall be delivered or mailed to the
following:
To: The City To: The Supplier
City of Port Townsend _____________________________
250 Madison St #2R _____________________________
Port Townsend, WA 98368 _____________________________
14. Price Changes
Price Increases Commodity: Price increases are not allowed.
Price Increases Delivery: Price increases are not allowed
15. Indemnity and Hold Harmless. The Supplier shall defend, indemnify and hold the
City, its officers, officials, employees and volunteers harmless from any and all claims, injuries,
damages, losses or suites including attorney fees, arising out of or in connection with the
performance of this Agreement, except for injuries and damages caused by the sole negligence of
the City.
Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the Supplier and
the City, its officers, officials, employees, and volunteers, the Supplier's liability hereunder shall
be only to the extent of the Supplier's negligence. It is further specifically and expressly
understood that the indemnification provided herein constitutes the Supplier's waiver of
immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of this
section shall survive the expiration or termination of this Agreement.
16. Independent Contractor. For all purposes, the Supplier shall be deemed an
independent contractor and shall not be deemed an employee of the City.
17. Waiver. Waiver by the City of any breach of any term or condition of this
Agreement shall not be construed as a waiver of any other breach.
18. Attorneys' Fees. In the event any action is brought by either party to enforce the
terms of this Agreement or for breach of this Agreement by the other party, the parties agree that
the non-prevailing party shall pay to the prevailing party reasonable attorneys' fees and costs and
disbursements incurred by such party.
19. Entire Agreement. This Agreement, together with all Bid Documents referred to
herein, constitutes the entire contract for sale and purchase between the parties hereto.
20. Binding Effect. This Agreement shall be binding upon the parties, the heirs, personal
representatives, successors and assigns.
21. Modification. No modification of this Agreement shall be of any force or effect
unless in writing signed by the parties.
22. Severability. If any provision of this Agreement is held invalid, the remainder shall
not be affected thereby if such remainder would then continue to conform to the terms and
requirements of applicable law, and shall continue in full force and effect.
23. Option to Extend Contract. The City reserves the right to extend the Contract for one
additional year if mutually agreeable by both parties.
IN THE WITNESS WHEREOF the parties hereto have caused this agreement to be executed
this ___________ day of _____________, 2017.
City of Port Townsend Supplier
By _______________________________ By ________________________
David Timmons, City Manager Name: _____________________
Title: _______________________
Attest:
__________________________________
Joanna Sanders, City Clerk
Approved as to form:
__________________________________
Steve Gross, City Attorney