CITY OF HAYS, KANSAS BID PROPOSAL REQUEST FOR. Wastewater Treatment Plant Chemicals TABLE OF CONTENTS

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CITY OF HAYS, KANSAS BID PROPOSAL REQUEST FOR Wastewater Treatment Plant Chemicals TABLE OF CONTENTS INVITATION TO BID PAGE 1 BID INSTRUCTIONS PAGE 2 GENERAL INFORMATION/TAXES/LEGAL NOTICES PAGE 3-4 ITEM SPECIFICATIONS PAGE 5-6 BID SHEET/REFERRALS PAGE 7-9

November 24, 2015 INVITATION TO BID The City of Hays, Kansas, is inviting sealed bids for Wastewater Treatment Plant Chemicals for the 2016 calendar year. Sealed bids will be received at the City Clerk s Office, City Hall, P.O. Box 490, 16 th and Main Street, Hays, Kansas 67601, until 3:00 p.m. on December 15, 2015. Faxed bids will not be accepted. Bids received later than specified hour and date shall be returned unopened. Bids must be marked on the outside envelope, SEALED BID FOR WASTEWATER TREATMENT PLANT CHEMICALS DO NOT OPEN UNTIL DECEMBER 15, 2015. Bids will be opened at 3:00 p.m., December 15, 2015, in the City Commission room. Bids will be reviewed and a recommendation made to the City Manager. The City reserves the right to reject or accept any or all bids/proposals and to waive any irregularities in such bid/proposals and to accept such bids/proposals that are the most responsive and best suit the needs of the City of Hays. The City of Hays requires the bidder to include in their bid submittal, the MSD Sheets of the products they are bidding along with the signed Bid Proposal Sheet. Failure to complete and return a signed Bid Proposal Sheet and submit MSD Sheets will cause the bid to be rejected. A bid may be withdrawn up to twenty-four (24) hours prior to expiration of the deadline for submitted bids. If you have questions, please contact Roger Moerke at the Utilities Department at (785) 628-7360. 1

BID INSTRUCTIONS It shall be the intent of the bid package to describe the minimum requirements for providing Wastewater Treatment Plant Chemicals. All bids shall be valid for the 2016 calendar year. If vendor cannot guarantee the bid price for the calendar year, vendor must state how long the chemical bid price is guaranteed for. (Ex: 3 months, 6 months, etc.) This Invitation for Bid does not commit the City of Hays to award a contract or to pay any cost incurred in the preparation of a bid. The bid shall be awarded to the lowest responsible and responsive bidder whose bid meets the requirements and criteria. The criteria for award is based on but not limited to: a) Total Cost b) Compliance with Specifications c) The Bid Considered in the Best Interest of the City of Hays Bidders may withdraw their bid 24 hours prior to, but not after, the time set for the opening. GUARANTEE: The vendor shall supply a guarantee that all materials will be supplied for the entire year, as well as price, unless stated otherwise. All applicable laws, ordinances, and rules and regulations of any authorities shall be binding upon the Bidder throughout the term of this contract. The bidder shall be responsible for compliance with any such law, ordinance, rule or regulation, and shall hold the City of Hays harmless and indemnify in the event of non-compliance. Each Bidder shall be responsible for reading and being thoroughly familiar with the Invitation for Bid package. The failure or omission of any Bidder to do any of the foregoing shall in no way relieve any Bidder from this obligation in respect to his bid. Failure to submit all required information may constitute a non-responsive bid. Any changes in specification after the contract has been awarded must be with the written consent of the City Manager; otherwise, the responsibility for such changes shall be with the bidder. Any questions regarding this invitation to bid, contact Roger Moerke, Superintendent of Utilities Wastewater, at the Wastewater Treatment Plant, Monday through Friday between the hours of 8:00 a.m. and 4:00 p.m. The telephone number is (785) 628-7360. 2

GENERAL These are desired specifications for the Wastewater Treatment Plant Chemicals. Proposals shall meet, as nearly as possible, the following specifications and requirements. If exception is taken, bidder must explain. (Use separate page if necessary.) TAXES The City of Hays is tax exempt. Appropriate certification will be supplied to the vendor upon request. LEGAL NOTICES The City of Hays reserves the right to reject any and all proposals and waive any or all technicalities, as determined by the City Manager of the City of Hays. The City of Hays, Kansas, will not award contracts to nor accept proposals from individuals or entities that attempt to include any of the following in any proposed contract: 1. Reduce or diminish the common law or statutory standard of care, make any attempt to limit liability, or reduce responsibility of the contractor for mistake, error, or negligence of any type. 2. Attempt to limit liability for breach of contract or negligent performance to the amount of the payment to the contractor by the City. 3. Attempt to claim ownership of intellectual property created during the performance of the contract with the City. 4. Include binding arbitration agreements. 5. Provide for damages for breach by the owner contrary to common law or statute, including, especially, any attempt to provide for attorney fees as part of recoverable damage. 6. Attempt to select any forum for resolution of disputes other than Ellis County, Kansas. 7. Attempt in any way to reallocate risk contrary to common law or statute, unless specifically requested as an alternate proposal or bid by the City of Hays, Kansas. All persons awarded and/or entering into purchase orders with the City of Hays shall be subject to and required to comply with all applicable City, State, and Federal provisions. The City of Hays has an affirmative action program. Any firm will be required to include the following statement in any contract with the City of Hays: "Contractor shall not discriminate in the employment of persons engaged in the performance of this Agreement on account of race, color, national origin, ancestry, religion, sec, marital status, physical handicap, or medical condition, in violation of any federal or state law. Contractor shall comply with all requirements of the City of Hays pertaining to affirmative action with regard to employment while this Agreement is in effect." 3

The contract shall be subject to the provisions of Ordinance 3823, which contains specific inclusions and prohibitions of certain contractual provisions and to the extent that anything herein contradicts said Ordinance, the requirements and provisions of the Ordinance shall govern. City of Hays Ordinances can be obtained through the City of Hays website, www.haysusa.com. 4

SPECIFICATIONS AND REQUIREMENTS FOR Wastewater Treatment Plant Chemicals PURPOSE: Purchase and deliver the following chemicals for the 2016 calendar year: Chlorine Sulfur Dioxide Polymer Ferric Sulfate Upon delivery, the chemicals and containers will be inspected and if chemicals or containers fail to meet specifications or safety regulations, they shall not be accepted and shall become the vendor's responsibility. SPECIFICATIONS ON CHEMICALS ARE AS FOLLOWS: 1. The Hays Wastewater Treatment Plant will purchase approximately 26 tons of chlorine in 1-ton containers. 2. The Hays Wastewater Treatment Plant will purchase approximately 15,000 pounds of sulfur dioxide in 150-pound cylinders. 3. The Hays Wastewater Treatment Plant will purchase approximately 4,500 pounds or 10 drums of Polymer (Polyacrylamide emulsion Lot #RC16/2291 M) in 450-pound drums. 4. The Hays Wastewater Treatment Plant will purchase approximately 66,550 pounds or 22 totes of ferric sulfate 50% solution in 3,025 pound totes. 5. If chemical is not available from vendor, vendor will write in Not Applicable on the bid sheet. 6. Chemical orders may vary from month to month. 7. The Hays Wastewater Plant may purchase more or less chemical than described in this bid, but the bid price will remain the same for the calendar year. If vendor cannot guarantee the bid price for the calendar year, vendor must state how long the chemical bid price is guaranteed for. (Ex: 3 months, 6 months, etc.) 8. Vendor will insure chemicals will be available for the calendar year. 9. All chemicals and containers will conform to all safety regulations. 10. If freight prices are not set for the year, vendor must state so in the comment section. 5

11. The Hays Wastewater Treatment Plant requests deliveries as needed. Deliveries are to be made 8:00 am to 3:00 pm, Monday through Friday unless the City s needs designate otherwise. The vendor will be charged $25.00 per hour per employee required to stay past 4:00 p.m. to unload the truck. 6

BID SHEET CITY OF HAYS - Wastewater Treatment Plant Chemicals Approximately 52,000 lb. of CL2 or 26 + ton cylinders of CL2 $ Price of CL2 per pound delivered FOB Hays Wastewater Treatment Plant in ton containers. Deposit per ton cylinder (if applicable) $ Delivery Schedule- weekly, bi-weekly, etc. Are fuel surcharges included? Is bid price guaranteed for calendar year? If no, please explain: Approximately 15,000 lb. of SO2 or 100 + 150 lb. cylinders of SO2 $ Price of SO2 per pound delivered FOB Hays Wastewater Treatment Plant in 150-pound cylinders. Deposit per 150-pound cylinder (if applicable) $ Delivery Schedule- weekly, bi-weekly, etc. Are fuel surcharges included? Is bid price guaranteed for calendar year? If no, please explain: Approximately 4,500 pounds or 10 drums of Polymer in 450- pound drums. $ Price of Polymer per pound delivered FOB Hays Wastewater Treatment Plant in 450-pound drums. Deposit per drum (if applicable) $ Delivery Schedule- weekly, bi-weekly, etc. Are fuel surcharges included? Is bid price guaranteed for calendar year? If no, please explain: 7

Approximately 66,500 pounds or 22 totes of Ferric Sulfate 50% solution in 3,025 pound totes. $ Price of Ferric Sulfate per pound delivered FOB Hays Wastewater Treatment Plant in 3,025 pound totes. Deposit per barrel (if applicable) $ Delivery Schedule- weekly, bi-weekly, etc. Are fuel surcharges included? Is bid price guaranteed for calendar year? If no, please explain: 8

CONTACT INFORMATION REPRESENTATIVE COMPANY ADDRESS TELEPHONE NUMBER DATE 9