Contract - Brenntag Southwest, Inc. - 6/8/2017 CITY OF ROUND ROCK AGREEMENT FOR
PURCHASE OF SWIMMING POOL CHEMICALS
FROM BRENNTAG SOUTHWEST,INC.
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS
That this Agreement for purchase of bulk swimming pool chemicals, and for related
goods and services, referred to herein as the "Agreement," is made and entered into on this the
day of the month of_moi 10 , 2017, by and between the CITY OF ROUND
ROCK, TEXAS, a home-rule municipality whose.offices are located at 221 East Main Street,
Round Rock, Texas 78664, referred to herein as the "City," and BRENNTAG SOUTHWEST,
INC., whose offices are located at 1632 Haden Road, Houston, Texas 77015, referred to herein
as the "Vendor." This Agreement supersedes and replaces any previous agreements between the
named parties, whether oral or written, and whether or not established by custom and practice.
RECITALS:
WHEREAS, City desires to purchase bulk swimming pool chemicals, and to purchase
associated goods and services, and City desires to purchase same from Vendor; and
WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods, and
City has selected the bid submitted by Vendor; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW,THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties
mutually agree as follows:
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
City is obligated to buy specified goods and/or services and Vendor is obligated to sell same.
The Agreement includes the following: (a) City's Invitation for Bid designated IFB 17-006,
Class/Item Number 885-40 dated January 2017; (b) Vendor's Response to IFB; (c) contract
award; and (d) any exhibits, addenda, and/or amendments thereto. Any inconsistencies or
conflicts in the contract documents shall be resolved by giving preference in the following order:
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(1) This Agreement;
(2) Vendor's Response to IFB;
(3) City's Invitation for Bids, exhibits, and attachments.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods mean the specified supplies, materials, commodities, or equipment.
F. Services mean work performed to meet a demand or effort by Vendor to comply
with promised delivery dates, specifications, and technical assistance specified.
G. Vendor means Brenntag Southwest, Inc., or any of its successors or assigns.
2.01 EFFECTIVE DATE, INITIAL TERM, AND ALLOWABLE RENEWALS
A. This Agreement shall be effective on the date it has been signed by both parties
hereto, and shall remain in frill force and effect unless and until it expires by operation of the
term stated herein, or until terminated as provided herein.
B. The term of this Agreement shall be for sixty (60) months from the effective date
hereof.
C. Prices shall be firm for the duration of this Agreement and for any renewal
periods. No separate line item charges shall be permitted for invoicing purposes, including but
not limited to equipment rental, demurrage, costs associated with obtaining permits, or any other
extraneous charges.
D. City reserves the right to review the relationship at any time, and may elect to
tenninate this Agreement with or without cause or may elect to continue.
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3.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Vendor to supply the goods as outlined in IFB 17-006, Class/Item Number
885-40 dated January 2017, and Response to IFB submitted by Vendor, all as specified in
Exhibit "A" attached hereto and made a part hereof for all purposes. The intent of these
documents is to formulate an Agreement listing the responsibilities of both parties as outlined in
the IFB and as offered by Vendor in its Response to the IFB.
The goods which are the subject matter of this Agreement are described in Exhibit "A"
and, together with this Agreement, comprise the total Agreement and they are fully a part of this
Agreement as if repeated herein in full.
4.01 ITEMS AWARDED
All bid items set forth in "Attachment A: Bid Form" of Exhibit "A" (page 12) are
awarded to Vendor.
5.01 COSTS
City agrees to pay Vendor the amounts set forth in "Attachment A: Bid Form" of Exhibit
"A" (page 12) for bid items listed in Exhibit"A."
6.01 INVOICES
All invoices shall include, at a minimum, the following information:
A. Name and address of Vendor;
B. Purchase Order Number;
C. Description and quantity of items received or services provided; and
D. Delivery or performance dates.
7.01 INTERLOCAL COOPERATIVE CONTRACTING/PURCHASING
Authority for local governments to contract with one another to perform certain
governmental functions and services, including but not limited to purchasing functions, is
granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts,
Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter
F, Section 271.101 and Section 271.102.
Other governmental entities within the State of Texas may be extended the opportunity to
purchase off of the City of Round Rock's bid, with the consent and agreement of the successful
vendor(s) and Round Rock. Such agreement shall be conclusively inferred for the vendor from
lack of exception to this clause in the vendor's response. However, all parties hereby expressly
agree that the City of Round Rock is not an agent of, partner to, or representative of those outside
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agencies or entities and that the City of Round Rock is not obligated or liable for any action or
debts that may arise out of such independently-negotiated "piggyback" procurements.
8.01 NON-APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may effect such termination by
giving Vendor a written notice of termination at the end of its then-current fiscal year.
9.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by City to Vendor will be made within thirty (30) days of the date City receives goods
under this Agreement, the date the performance of the services under this Agreement are
completed, or the date City receives a correct invoice for the goods or services, whichever is
later. Vendor may charge interest on an overdue payment at the "rate in effect" on September 1
of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by City in the event:
A. There is a bona fide dispute between City and Vendor, a contractor,
subcontractor, or supplier about the goods delivered or the service performed that
causes the payment to be late; or
B. There is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed
that causes the payment to be late; or
C. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
D. The invoice is not mailed to City in strict accordance with any instruction on the
purchase order relating to the payment.
10.01 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without incurring any
liability to Vendor if it is determined by City that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Vendor or its agents or
representatives to any City officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Vendor may be subject to penalties stated in Title 8
of the Texas Penal Code.
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11.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
12.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the goods as specified, City reserves the right and option to
obtain the products from another supplier or suppliers.
13.01 INSURANCE
Vendor shall meet all requirements as stated in the attached Invitation for Bid No. 17-006
(including all attachments and exhibits); the bid response; and as set forth at
http://www.roLindrocktexas-gov/wp-content/uploads/2014/12/coi-r insurance 07 20112 pdf.
14.01 CITY'S REPRESENTATIVE
City hereby designates the following representative(s) authorized to act in its behalf with
regard to this Agreement:
Nichole Bohner
Aquatics Manager
Parks and Recreation Department
301 West Bagdad Avenue
Round Rock, Texas 78664
512-341-3171
nbohner cr,roundrocktexas.gov
15.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
16.01 DEFAULT
If Vendor abandons or defaults under this Agreement and is a cause of City purchasing
the specified goods elsewhere, Vendor agrees that it may be charged the difference in cost, if
any, and that it will not be considered in the re-advertisement of the service and that it may not
be considered in future bids for the same type of work unless the scope of work is significantly
changed.
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Vendor shall be declared in default of this Agreement if it does any of the following:
A. Fails to make any payment in full when due;
B. Fails to fully, timely and faithfully perform any of its material obligations under
this Agreement;
C. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States.
17.01 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty (30) days' written notice to Vendor.
B. In the event of any default by Vendor, City has the right to terminate this
Agreement for cause, upon ten (10) days' written notice to Vendor.
C. Vendor has the right to terminate this Agreement only for cause, that being in the
event of a material and substantial breach by City, or by mutual agreement to terminate
evidenced in writing by and between the parties.
D. In the event City terminates under subsections (A) or (B) of this section, the
following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall
discontinue all services in connection with the performance of this Agreement and shall proceed
to cancel promptly all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor
shall submit a statement showing in detail the goods and/or services satisfactorily performed
under this Agreement to the date of termination. City shall then pay Vendor that portion of the
charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services
it would have performed under the remaining term of the Agreement except as provided herein.
18.01 INDEMNIFICATION
Vendor shall defend (at the option of City), indemnify, and hold City, its successors,
assigns, officers, employees and elected officials harmless from and against all suits, actions,
legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all
other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor,
or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations
under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be
deemed to limit the rights of City or Vendor (including, but not limited to the right to seek
contribution) against any third party who may be liable for an indemnified claim.
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19.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
A. Vendor, its agents, employees and subcontractors shall use best efforts to comply
with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock,
as amended, and with all applicable rules and regulations promulgated by local, state and
national boards, bureaus and agencies.
B. Vendor acknowledges and understands that City has adopted a Storm Water
Management Program (SWMP) and an Illicit Discharge Ordinance, Sections 14-139 through 14-
152 of the City's Code of Ordinances, to manage the quality of the discharges from its Municipal
Separate Storm Sewer System (MS4) and to be in compliance with the requirements of the Texas
Commission on Environmental Quality (TCEQ) and the Texas Pollutant Discharge Elimination
System (TPDES). The Services Provider agrees to perform all operations on City-owned
facilities in compliance with the City's Illicit Discharge Ordinance to minimize the release of
pollutants into the MS4. The Services Provider agrees to comply with of the City's stormwater
control measures, good housekeeping practices and any facility specific stormwater management
operating procedures specific to a certain City facility. In addition, the Services Provider agrees
to comply with any applicable TCEQ Total Maximum Daily Load (TMDL) Requirements and/or
I-Plan requirements.
20.01 ASSIGNMENT AND DELEGATION
The parties hereby bind themselves, their successors, assigns and legal representatives to
each other with respect to the terms of this Agreement. Neither party shall assign, sublet or
transfer any interest in this Agreement without prior written authorization of the other party.
21.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to recipient's address as stated in this Agreement; or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Vendor:
Brenntag Southwest, Inc.
1632 Haden Road
Houston, TX 77015
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Notice to City:
City Manager Stephen L. Sheets, City Attorney
221 East Main Street AND TO: 309 East Main Street
Round Rock, TX 78664 Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
22.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
23.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Vendor and City. This Agreement may only be amended or supplemented by mutual agreement
of the parties hereto in writing, duly authorized by action of the City Manager or City Council.
24.01 DISPUTE RESOLUTION
City and Vendor hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14) or any applicable state arbitration statute.
25.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
such void provision shall be deemed severed from this Agreement, and the balance of this
Agreement shall be construed and enforced as if this Agreement did not contain the particular
portion or provision held to be void. The parties further agree to amend this Agreement to
replace any stricken provision with a valid provision that comes as close as possible to the intent
of the stricken provision. The provisions of this section shall not prevent this entire Agreement
from being void should a provision which is of the essence of this Agreement be determined to
be void.
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26.01 MISCELLANEOUS PROVISIONS
Standard of Care. Vendor represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
Time is of the Essence. Vendor understands and agrees that time is of the essence and
that any failure of Vendor to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully
responsible for its delays or for failures to use best efforts in accordance with the terms of this
Agreement. Where damage is caused to City due to Vendor's failure to perform in these
circumstances, City may pursue any remedy available without waiver of any of City's additional
legal rights or remedies.
Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement
if it is prevented from performing any of its obligations hereunder by reasons for which it is not
responsible as defined herein. However, notice of such impediment or delay in performance must
be timely given, and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument.
[Signatures on the following page.]
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IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
City of Round Rock, Texas Brenntag Southwest, Inc.
By: By: ,
Printed Name. Printed Name: W. Thomas Crain, Jr.
Title: Title: President
Date Signed: Date Signed: April 17, 2017
Attest:
By: Q��'""�'
Sara L. White, City Clerk
For City A proved as to orm:
By:
Steph . Sheets, City Attorney
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Exhibit "A"
ROUND ROCK TEXAS
PURCHASING DIVISION
City of Round Rock, Texas
Purchasing Division
221 East Main Street
Round Rock, Texas 78664-5299
www.roundrocktexas.gov
IFB No. 17-006
INVITATION FOR BID
FOR
POOL CHEMICALS
January 2017
City of Round Rock
Pool Chemicals
IFB No. 17-006
Class/Item: 885-40
January 2017 Exhibit "A"
CITY OF ROUND ROCK
INVITATION FOR BID
FOR
POOL CHEMICALS
PART
GENERAL
1. PURPOSE: The City of Round Rock, herein after"the City"seeks formal bids to establish a multiple
year agreement with a qualified person, firm or corporation, herein after"Respondent",to provide all
equipment, material and labor necessary to supply and deliver various pool chemicals for treating
swimming pools located at various locations throughout the City of Round Rock,Texas.
2. BACKGROUND: The Round Rock Parks and Recreation Department operates four heavily used
aquatic swimming pools. Three of these pools are used year round as well as the City Hall
Fountain. This agreement is for the bulk purchase of liquid chlorine and sulfuric acid which would
allow us to order chemicals when needed to satisfy operating requirements while receiving the best
pricing.
3. ATTACHMENTS: Attachment A through C, are herein made part of this invitation for bid:
3.1 Attachment A: Bid Sheet
3.2 Attachment B: Reference Sheet
3.3 Attachment C: Addendum Acknowledgment Form
4. CLARIFICATION: For questions or clarification of specifications, you may contact:
Mike Schurwon, CPPB, CTPM
Purchaser
Purchasing Division
City of Round Rock
E-mail: mschurwonCaD-roundrocktexas.gov
The individual listed above may be contacted by e-mail for clarification of the specifications only. No
authority is intended or implied that specifications may be amended or alterations accepted prior to
solicitation opening without written approval of the City of Round Rock through the purchasing
department.
5. RESPONDENT QUALIFICATIONS: The City has established the following minimum qualifications.
Respondents who do not meet the minimum qualifications will not be considered for award. The
Respondent shall:
5.1. Be firms,corporations, individuals or partnerships normally engaged in providing and delivering
various pool chemicals for treatment of swimming pools as specified herein and have adequate
organization, facilities, equipment, financial capability, and personnel to ensure prompt and
efficient service to the City;
5.2. Provide all labor, supplies and materials required to satisfactorily perform the services as
specified herein. The City shall not be responsible for any respondent's tools, equipment or
materials lost or damaged during the performance of the services specified herein;
Page 2 of 16
City of Round Rock
Pool Chemicals
IFB No. 17-006
Class/Item: 885-40
January 2017 Exhibit "A"
5.3. Be domiciled in or have a home office inside the United States. Respondents domiciled outside
the United States,or not having a home office inside the United States will not be included for
consideration in this procurement process.
6. SUBCONTRACTORS: Respondent shall not subcontract or otherwise engage subcontractors to
perform required services. The City seeks to do business directly with a company experienced in the
supply and deliver of various pool chemicals for treatment of swimming pools.
7. DAMAGE:The Respondent shall be responsible for damage to the City's equipment and/or property,
the workplace and its contents by its work, negligence in work, its personnel and equipment usage.
8. SAFETY: The City reserves the right to remove any employee from City property for violation of
federal, state, and local health, safety and environmental laws, ordinances, rules and regulations.
The Respondent shall:
8.1. Ensure that all employees comply with all Occupational Safety and Health Administration
(OSHA),State and City safety and occupational health standards and other applicable federal,
state,and local health,safety,and environmental laws ordinances,rules and regulations in the
performance of these services;
8.2. Be held responsible for the safety of their employees and unsafe acts or conditions that may
cause injury or damage to any persons or property within and around the work site. In case of
conflict,the most stringent safety requirement shall govern;
8.3. Indemnify and hold the City harmless from and against all claims, demands, suits, actions,
judgments, fines penalties and liability of every kind arising from the breach of the Successful
Respondents'obligations under this paragraph.
9. PRICING: The Respondent shall determine and submit a fixed cost for the purchase and delivery of
all pool chemicals and shall include all incidental costs, labor, overhead charges, travel, payroll
expenses, freight, equipment acquisition and maintenance, demurrage, fuel surcharges, delivery
charges, costs associated with obtaining permits, insurance, bonds and risk management. No
separate line item charges shall be permitted for either response or invoice purposes.
10. PRICE INCREASE: Contract prices for the various pool chemicals shall remain firm throughout the
initial twelve (12) month term of the contract. A price increase to the agreement may be considered
at renewal time each year and shall be equal to the consumer price index for that year, but at no time
can the increase be greater than 25%of the contract price.
10.1. Consumer Price Index (CPI): Price adjustments will be made in accordance with the
percentage change in the U.S. Department of Labor Consumer Price Index (CPI-U) for all
Urban Consumers. The price adjustment rate will be determined by comparing the percentage
difference between the CPI in effect for the base year six-month average (January through
June OR July through December); and each (January through June OR July through
December six-month average)thereafter. The percentage difference between those two CPI
issues will be the price adjustment rate. No retroactive contract price adjustments will be
allowed. The Consumer Price Index(CPI)is found at the Bureau of Labor Statistics,Consumer
Price Index website: http://www.bIs.gov/cpi/
10.2. Procedure to Request Increase:
10.2.1. Mail the written price increase request with the rate detail comparison and
comprehensive calculation to the designated City Contract Specialist a minimum of 45
days prior to each renewal period. The detailed written calculation will be verified and
confirmed. All written requests for increases must include the City of Round Rock
contract number, solicitation reference information and contact information for the
Page 3 of 16
City of Round Rock
Pool Chemicals
IFB No. 17-006
Class/Item:885-40
January 2017 Exhibit "A"
authorized representative requesting the increase. Price increase requests shall be
sent by mail to:
City of Round Rock
Purchasing Department
Attn: Contract Specialist
221 East Main Street
Round Rock,TX 79664-5299
10.2.2. Upon receipt of the request,the City reserves the right to either, accept the escalation
and make change to the purchase order within 30 days of the request, negotiate with
the Vendor or cancel the agreement or purchase order if an agreement cannot be
reached on the value of the increase.
11. AGREEMENT TERM: The terms of the awarded agreement shall include but not be limited to the
following:
11.1 The term of the agreement shall begin from date of award and shall remain in full force for sixty
months(60)months.
11.2 The City reserves the right to review the awarded respondents' performance anytime during
the contract term.
11.3 If the awarded respondent fails to perform its duties in a reasonable and competent manner,
the City shall give written notice to the respondent of the deficiencies and the respondent shall
have thirty (30) days to correct such deficiencies. If the respondent fails to correct the
deficiencies with the thirty (30) days, the City may terminate the agreement by giving the
respondent written notice of termination and the reason for the termination.
12. ACCEPTANCE/INSPECTION: Acceptance inspection should not take more than five (5) working
days. The awarded respondent will be notified within the time frame if the pool chemicals delivered
are not in full compliance with the specifications. In the event that pool chemicals delivered are not
to the satisfaction of the City, vendor shall re-delivery the required chemicals for replacement at no
additional cost to the City. The City designated representative shall determine if the pool chemicals
are to be re-placed, or portions thereof. If any agreement or purchase order is cancelled for non-
acceptance, the needed pool chemicals may be purchased elsewhere and the vendor may be
charged liquidated damages.
Page 4 of 16
City of Round Rock
Pool Chemicals
IFB No. 17-006
Class/item: 885-40
January 2017 Exhibit "A"
PART II
SPECIFICATIONS
SCOPE: The City of Round Rock requests various pool chemicals for the treatment of swimming pools
located at various locations throughout the City of Round Rock,Texas.
I. SERVICE REQUIREMENTS: Services shall be performed and products delivered to the following
locations at:
Rock'n River Water Park
3300 Palm Valley Boulevard
Round Rock,Texas 78665
Micki Kresbsbach Pool
301 Deepwood Dr.
Round Rock,Texas 78664
Lake Creek Pool
800 Deerfoot Dr.
Round Rock,Texas 78664
Clay Madsen Recreation Center
1600 Gattis School Road
Round Rock,Texas 78664
City Hall Fountain
221 E. Main Street
Round Rock,Texas 78664
2. POOL CHEMICALS
Liquid Chlorine 10% - Bulk
Sulfuric Acid 38% - 30 Gallon Drums
Sulfuric Acid 38%- 15 Gallon Pails
3. CHEMICAL SPECIFICATIONS: All chemicals specified herein shall meet with the intended use,
critical requirements and delivery specifications for this solicitation.
4. CHEMICAL TESTING: All chemicals will be subject to inspection and testing and all costs shall be
bome by the supplier. Bidders are to submit material safety data sheets with your bid response for
all chemicals.
5. FREIGHT: Price shall include FOB Destination, pre-paid and allowed unless otherwise specified in
writing. Price shall be inclusive of demurrage charges. No fuel surcharges shall be allowed.
6. POINT OF CONTACT/DESIGNATED REPRESENTATIVE:
6.1 Respondent's point of contact: In order to maintain consistent standards of quality work
performed across the City, the City shall be provided with a designated and identified point of
contact "upon" award of the contract to include contact information. The City's designated
Page 5 of 16
City of Round Rock
Pool Chemicals
IFB No. 17-006
Class/Item: 885-40
January 2017 Exhibit "A"
representative shall be notified by the Respondent immediately should the point of contact
change.
6.2 The City's designated representative: Upon contract award, the City's designated
representative shall be:
Nichole Bohner
Aquatics Manager
Parks and Recreation
E-mail: nbohner(&roundrocktexas.aov
7. WORKFORCE: Successful Respondent shall:
7.1 Ensure Respondent's employees perform the services in a timely, professional and efficient
manner;
7.2 Ensure Respondent's employees, while working on City property, wear a company uniform
that clearly identifies them as the Respondent's employee;
7.3 Employ all personnel for work in accordance with the requirements set forth by the United
States Department of Labor. The City reserves the right to verify citizenship or right to work
in the United States.
8. ORDER QUANTITY. The quantities shown on the solicitation are estimates only. No guarantee
of any minimum or maximum purchase is made or implied. The City will only order the
goods/services needed to satisfy requirements within budgetary constraints, which may be more
or less than indicated.
9. PERMITS: The Successful Respondent shall obtain all necessary permits, licenses, and/or
certificates required by federal, state and local laws, ordinances, rules or regulations for the
completion and delivery of goods/services as specified herein.
PART III
SCHEDULE AND RESPONSE INSTRUCTIONS
1. SCHEDULE OF EVENTS: It is the City's intention to comply with the following solicitation timeline:
EVENT DATE
Solicitation released January 27,2017
Deadline for submission of questions February 3, 2017 @ 5:00 PM, CST
City responses to questions or addendums February 7,2017 @ 5:00 PM, CST
Deadline for submission of responses February 14, 2017 @ 3:00 PM, CST
All questions regarding the solicitation shall be submitted in writing by 5:00 PM, CST on the due date
noted above. A copy of all the questions submitted and the City's response to the questions shall be
posted on the City's webpage in the form of an addendum at http://www.roundrocktexas.gov/.bids
Questions shall be submitted to the City contact named herein. The City reserves the right to modify
these dates. Notice of date change will be posted to the City's website.
2. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at
http://www.roundrocktexas.gov/bids for any updates pertaining to the solicitation described herein.
Various updates may include addendums, cancelations, notifications, and any other pertinent
Page 6 of 16
City of Round Rock
Pool Chemicals
IFB No. 17-006
Class/Item: 885-40 "A"January 2017 Exhibit
information necessary for the submission of a correct and accurate response. The City will not be
held responsible for any further communication beyond updating the website.
3. RESPONSE DUE DATE: Signed and sealed responses are due at or before 3:00 PM, on the due
date noted in Part III, Section 1. Mail or hand deliver sealed responses to:
City of Round Rock— 15t Floor Receptionist Desk
Attn: Mike Schurwon, CPPB,CTPM
Purchasing Department
221 E. Main Street
Round Rock, Texas 78664-5299
3.1 Sealed responses shall be clearly marked on the outside of packaging with the
respondent/company name, solicitation name, bid number (IFB-17-006), due date and "DO
NOT OPEN".
3.2 Facsimile or electronically transmitted responses are not acceptable.
3.3 Responses cannot be altered or amended after opening.
3.4 No response can be withdrawn after opening without written approval from the City for an
acceptable reason.
3.5 The City will not be bound by any oral statement or offer made contrary to the written
specifications.
3.6 Samples and/or copies shall be provided at the Respondent's expense, and shall become the
property of the City.
5. BEST VALUE EVALUATION AND CRITERIA: The City reserves the right to reject any or all
responses, or to accept any response deemed most advantageous, or to waive any irregularities or
informalities in the response received that best serves the interest and at the sole discretion of the
City. All solicitations received may be evaluated based on the best value for the City. In determining
best value, the City may consider:
5.1 Purchase price;
5.2 Reputation of Respondent and of Respondent's goods and services;
5.3 Quality of the Respondent's goods and services;
5.4 The extent to which the goods and services meet the City's needs;
5.5 Respondent's past performance with the City;
5.6 The total long-term cost to the City to acquire the Respondent's goods or services;
5.7 Any relevant criteria specifically listed in the solicitation.
Respondents may be contacted for clarification of bid and/or to discuss details of the services they
are proposing.This may include a presentation and/or the request for additional material/information
to clarify.
S. AWARD: The City reserves the right to enter into an agreement or a purchase order with a single
award, split award, primary and secondary award, non-award, or use any combination that best
serves the interest and at the sole discretion of the City. Award announcement will be made upon
City Council approval of staff recommendation and executed agreement. Award announcement will
appear on the City's website at: http://www.roundrocktexas.clov/bids
Page 7 of 16
City of Round Rock
Pool Chemicals
IFB No. 17-006
Class/Item:885-40
January 2017 Exhibit "A"
7. POST AWARD MEETING: The City and successful respondent(s)may have a post award meeting
to discuss, but not be limited to the following:
7.1 The method to provide a smooth and orderly transition of services performed from the current
contractor;
7.2 Provide City contact(s) information for implementation of agreement.
7.3 Identify specific milestones, goals and strategies to meet objectives.
8. NON-APPROPRIATION: The resulting agreement is a commitment of the City's current revenues
only. It is understood and agreed the City shall have the right to terminate the agreement at the end
of any City fiscal year if the governing body of the City does not appropriate funds sufficient to
purchase the estimated yearly quantities, as determined by the City's budget for the fiscal year in
question. The City may affect such termination by giving vendor a written notice of termination at the
end of its then current fiscal year.
9. INTERLOCAL COOPERATIVE CONTRACTING (PIGGYBACK): Other governmental entities may
be extended the opportunity to purchase off of the City's agreements,with the consent and agreement
of the awarded Vendor(s)and the City. Such consent and agreement shall be conclusively inferred from
lack of exception to this clause in a Respondents submittal. However, all parties indicate their
understanding and hereby expressly agree that the City is not an agent of, partner to, or representative
of those outside agencies or entities and that the City is not obligated or liable for any action or debts
that may arise out of such independently-negotiated"piggyback"procurements.
PART IV
RESPONSE REQUIREMENTS
The City of Round Rock makes no warranty that this checklist is a full comprehensive listing of every
requirement specified in the solicitation. This list is only a tool to assist participating Respondents in
compiling their final responses. Respondents are encouraged to carefully read the entire solicitation.
Respondents shall submit one (1) evident signed "Original" and three (3) copies of the response
requirements including any required attachments and one(1)electronic copy of IFB response including any
attachments on a flash drive. The samples and/or copies shall be provided at the respondent's expense,
and shall become the property of the City.
This invitation for bid (IFB) does not commit the City to contract for any supply or service. Respondents
are advised that the City will not pay for any administrative costs incurred in response preparation to this
IFB; all costs associated with responding to this IFB will be solely at the interested parties'expense. Not
responding to this IFB does not preclude participation in any future invitation for bids.
For your bid to be responsive, all required items identified below shall be submitted with your
proposal.
Attachment A: Responses shall be submitted on itemized, signed Bid Sheet provided herein.
Failure to itemize or sign solicitation may result in disqualification. Submission of responses on forms
other that the City's Solicitation Document may result in disqualification of the response.
Attachment B: Provide the name, address, telephone number and E-MAIL of at least three (3)
Municipal, Government agencies or firms of comparable size that have utilized similar service within
the last two(2)years.City of Round Rock references are not applicable.References may be checked
prior to award. Any negative responses received may result in disqualification of submittal.
Attachment C: Provide signed copy of the Addendum Acknowledgement Form or a signed copy of
each issued addendum with bid upon submission.
Page 8 of 16
City of Round Rock
Pool Chemicals
IFB No. 17-006
Class/Item: 885-40
January 2017 Exhibit "A"
PART IV
RESPONSE REQUIREMENTS
(Continued)
The following items shall be made available upon request by the City prior to award and the approval
of any contract:
Proof of insurance for General Liability, Worker's Compensation and standard automobile liability
coverage as set forth by the Insurance Requirements as identified on the City's website at:
http://www.roundrocktexas.c3ov/bids
Additional Infonnation Requested:
Contract Information: Respondent shall provide information of any current established contract
with a local City, County, Municipality, Cooperative Agreement, Comptroller of Public Accounts
(CPA)Texas Smart Buy Contract, Texas Multiple Award Schedule(TXMAS), General Services
Administration (GSA), Inter-local Agreement, or any other contractual resource.
PART V
CONFIDENTIALITY OF CONTENT
1. CONFIDENTIALITY OF CONTENT:All documents submitted in response to a solicitation shall be
subject to the Texas Public Information Act. Following an award, responses are subject to release
as public information unless the response or specific parts of the response can be shown to be
exempt from the Texas Public Information Act. Pricing is not considered to be confidential under
any circumstances.
1.1 Information in a submittal that is legally protected as a trade secret or otherwise confidential
must be clearly indicated with stamped, bold red letters stating "CONFIDENTIAL"on that
section of the document.The City will not be responsible for any public disclosure of
confidential information if it is not clearly marked as such.
1.2 If a request is made under the Texas Public Information Act to inspect information designated
as confidential, the Respondent shall, upon request from the City,fumish sufficient written
reasons and information as to why the information should be protected from disclosure. The
matter will then be presented to the Attomey General of Texas for final determination.
PART VI
GENERAL TERMS AND CONDITIONS/INSURANCE REQUIREMENTS
(ITEMS BELOW APPLY TO AND BECOME A PART OF THE CONTRACT)
1. INSURANCE: The Respondent shall meet or exceed all insurance requirements set forth by the
Insurance Requirements as identified on the City's website at: http://www.roundrocktexas..qov/bids
2. DEFINITIONS, TERMS AND CONDITIONS: By submitting a response to this solicitation, the
Respondent agrees that the City's standard Definitions, Terms and Conditions, in effect at the time
of release of the solicitation, shall govern unless specifically provided otherwise in a separate
agreement or on the face of a purchase order. Said Definitions, Terms and Conditions are subject
to change without notice. It is the sole responsibility of respondents to stay apprised of changes.
The City's Definitions, Terms and Conditions can be obtained from the City's website
http://www.roundrocktexas.gov/bids
Page 9 of 16
City of Round Rock
Pool Chemicals
IFB No. 17-006
Class/Item:885-40
January 2017 Exhibit "A"
PART VI
GENERAL TERMS AND CONDITIONS/INSURANCE REQUIREMENTS
(Continued)
(ITEMS BELOW APPLY TO AND BECOME A PART OF THE CONTRACT)
3. PROMPT PAYMENT POLICY: Payments will be made in accordance with the Texas Prompt
Payment Law, Texas Government Code, Subtitle F, Chapter 2251. The City will pay Vendor within
thirty days after the acceptance of the supplies, materials, equipment, or the day on which the
performance of services was completed or the day, on which the City receives a correct invoice for
the supplies, materials,equipment or services,whichever is later. The Vendor may charge a late fee
(fee shall not be greater than that which is permitted by Texas law) for payments not made in
accordance with this prompt payment policy; however,this policy does not apply to payments made
by the City in the event:
3.1 There is a bona fide dispute between the City and Vendor concerning the supplies, materials,
services or equipment delivered or the services performed that causes the payment to be late;
or
3.2 The terms of a federal agreement, grant, regulation, or statute prevent the City from making a
timely payment with Federal Funds;or
3.3 The is a bona fide dispute between the Vendor and a subcontractor or between a subcontractor
and its suppliers concerning supplies, material, or equipment delivered or the services
performed which caused the payment to be late;or
3.4 The invoice is not mailed to the City in strict accordance with instructions, if any, on the
purchase order or agreement or other such contractual agreement.
Page 10 of 16
City of Round Rock
Pool Chemicals
IFB No. 17-006
Class/item: 885-40
January 2017 Exhibit "A"
Pool Chemicals
POOL CHEMICAL LIST ITEMIZED AS FOLLOWS:
1. LIQUID CHLORINE, 10%BULK
1.1. All liquid chlorine delivered shall be delivered to all City locations as follows:
Rock'n River Water Park
3300 Palm Valley Boulevard
Round Rock,Texas 78665
Lake Creek Pool
800 Deerfoot Dr.
Round Rock,Texas 78664
Clay Madsen Recreation Center
1600 Gattis School Road
Round Rock,Texas 78664
2. SULFURIC ACID 38%,30 GALLON DRUMS
2.1 All sulfuric acid, 20 gallon drums shall be delivered to all City locations as follows:
Rock'n River Water Park
3300 Palm Valley Boulevard
Round Rock,Texas 78665
Micki Kresbsbach Pool
301 Deepwood Dr.
Round Rock, Texas 78664
Lake Creek Pool
800 Deerfoot Dr.
Round Rock,Texas 78664
Clay Madsen Recreation Center
1600 Gattis School Road
Round Rock, Texas 78664
3. SULFURIC ACID 38%, 15 GALLON DRUMS
3.1 All sulfuric acid, 15 gallon drums shall be delivered to all City locations as follows:
City Hall Fountain
221 E. Main Street
Round Rock,Texas 78664
Page 1l of 16
City of Round Rock
Pool Chemicals
IFB No. 17-006
Class/Item: 885-40
January 2017 Exhibit "A"
ATTACHMENT A: BID FORM
PURCHASING DEPARTMENT
221 E. Main Street•Round Rock,Texas 78664-5299
Solicitation Number: 17-006 Tax ID
Solicitation Name: Pool Chemicals 75-1898378
Opening Date: February 14, 2017 O Number:
E Opening Time: On or Before 3:00
Q PM CST Q Business Name:
Opening Location: City of Round Brenntag Southwest, Inc.
0 Rock O j Address:
Z Attn: City Hall 1ST Z 1632 Haden Road
z Floor Receptionist F
O Desk z
221 E. Main Street Address: Houston,Texas 77015
Q G !
F- Round Rock,TX C Contact: Gayle Tullier
U 78664 p,
Oyw, Telephone: (225)802-1389
Email: gtollefsen@brenntag.com
In order to do business with the City of Round Rock you must be registered with the City's Vendor Database. To
register, go to: https://roundrock.munisselfservice.com/Vendors/default.aspx
Item Description Quantity U of M Unit Price Extended Price
1 Liquid Chlorine, 10%bulk 28,000 Gallons $1.24/Gal $34,720.00
2 Sulfuric Acid 38%,30 gallon drums 3,510 Gallons
$3.15/Gal $11,056,50
3
Fu-Zric Acid 38%, 15 gallon drums 360 Gallons $3.15/Gal $1,134.00
TOTAL EXTENDED PRICE: $ 46,910.50
By the signature hereon affixed,the Respondent hereby certifies that neither the respondent nor the entity represented by the respondent,or
anyone acting for such entity has violated the antitrust laws of this State,coded in Section 15.01 et seq.,Texas Business and Commerce Code,
or the Federal antitrust laws,nor communicated directly or indirectly,the response made to any competitor or any other person engaged in such
line of business. Further,by signing and submitting this response the Respondent acknowledges:
• That they have read and fully understand the solicitation and accept all terms and conditions set forth herein.
• The respondent is not currently delinquent in the payment of any debt owed to the City.
Sealed response envelope shall be clearly marked with solicitation name,solicitation number and name of responding entity.
The agreement or purchase order resulting from this solicitation may qualify for Inter-local or Cooperative Contracting(Piggybacking)per the
terms outlined in Part I.#9 of this solicitation. If applicable,do you agree to"piggyback"purchasing from other governmental agencies?
Yes No Response shall include one(1)signed original and two(2)copies of bid response.
Gayle Tullier t" TMI. 2/13/2017
Printed Name Authoriz6id Signature Date
Failure to sign response will disqualify response.
Page 12 of 16
City of Round Rock
Pool Chemicals
IFB No. 17-006
Class/Item:885-40
January 2017 Exhibit "A"
ATTACHMENT B:
RESPONDENT'S REFERENCE SHEET
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: IFB No. 17-006
RESPONDENT'S NAME: Brenntag Southwest, Inc. DATE: February 13, 2017
Provide the name, address,telephone number and e-mail of at least three (3)Municipal and/or
Govemment agencies or firms of comparable size that have utilized similar service within the last two(2)
years. City of Round Rock references are not applicable. References may be checked prior to award.
Any negative responses received may result in disqualification of submittal.
1. Company's Name City of Lampassas
Name of Contact John Richardson
Title of Contact
CPO-Tech
E-Mail Address Does Not Have an E-mail Address
Present Address 312 E 3rd Street
City, State,Zip Code Lampassas, Texas 76550
Telephone Number ( 512 ) 556-6831 Fax Number: ( )
2. Company's Name City of Giddings
Name of Contact
Rodney
Title of Contact CPO
E-Mail Address Does Not Have an E-mail Address
Present Address 118 E Richmond Street
City, State, Zip Code Giddings,Texas 78942
Telephone Number ( 979 ) 481-3697 Fax Number: ( 979 ) 542-0950
3. Company's Name Six Flags Fiesta Texas
Name of Contact Dean Kobus
Title of Contact CPO
E-Mail Address dkobus(&-sftp.com
Present Address 17000 IH 10 West
City, State,Zip Code San Antonio Texas 78257
Telephone Number ( 210 ) 697-5266 Fax Number: ( 210 ) 697-5474
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
Page 13 of 16
City of Round Rock
Pool Chemicals
IFB No. 17-006
Class/Item: 885-40
January 2017 Exhibit "A"
ATTACHMENT C:
ADDENDUM ACKNOWLEDGMENT FORM
NOTE: If multiple addendums have been issued, respondents may complete and return this attachment
with their proposal in place of the individual addendums to be submitted. Failure to provide either this form
or the individual addendums with signatures may result in disqualification of the proposal.
Addenda Acknowledgment: The undersigned acknowledges the receipt of the following Addenda:
Addendum#: Not Applicable Dated: Not Applicable
Addendum#: Dated:
Addendum#: Dated:
Addendum#: Dated:
Addendum #: Dated:
Respondent(Company): Brenntag Southwest, Inc.
Signature(in ink):
Name(Typed/printed): Gayle Tullier
Title: Sr. Contract Administrator Date: February 13, 2017
Page 14 of 16
City of Round Rock
Pool Chemicals
IFB No. 17-006
Class/item:885-40
January 2017 Exhibit "A"
SOLICITATION INSTRUCTIONS
ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS
OF SOLICITATION
ANY EXCEPTIONS THERETO MUST BE IN WRITING
1. SOLICITATION REQUIREMENTS:
1.1 Responding requires pricing per unit shown and extensions. If trade discount is shown on solicitation.it should be deducted and net fine extensions
shown. Respondents guarantees product offered will meet or exceed specifications identified in this Invitation for Bid(IFB)
1.2 Solicitations shall be submitted on Solicitation Sheet Each response shall be placed in a separate envelope completely and property identified.
Responses must be in the Purchasing Department before the hour and date specified on the solicitation.
1.3 Late responses property identified will be returned to respondent unopened. Late responses will not be considered.
1.4 Respond F.O.B.destination,freight,prepaid,6 allowed unless otherwise specified on the solicitation. If otherwise,show exact cost to deliver.
1.5 Response shall show unit price on quantity and unit of measure specified,extension and show total. In case of errors in extension,unit prices shall
govem. Responses subject to unlimited price increase will not be considered.
1.6 Submitted prices shall be firm for acceptance 30 days from solicitation opening date. 'Discount from List responses are not acceptance unless
requested. Cash discount will not be considered in determining the k1w response. All cash discounts offered will be taken if earned.
1.7 Responses shall give Tax Identification Number,full name and address of respondent. Failure to sign will disqualify response. Person signing
response shall show title and authority to bind signatories firm in an agreement- Firm name should appear on each page in the block provided in
the upper right comer. Business Entity shall be one(1)of the following:Individual,Partnership,Sole Proprietorship,Estate/Trust,Corporation,
Government. or Non-profit,all others shall be specified. INDIVIDUAL: List name and number as shown on Social Security Card. SOLE
PROPRIETORSHIP:List legal name followed by legal business name and Social Security Number. ALL OTHERS:List legal name of entity and
Tax Identification Number(TIN)
1.8 Responses cannot be altered or amended after opening time. Any Alterations made before opening time shall be initialed by respondent or an
authorized agent. No response can be withdrawn after opening time without approval of the CIN based on a written acceptable reason
1.9 The City is exempt from State Sales Tax and Federal Excise Tax. Do not include tax in response
1.10 The City reserves the right to accept or reject all or any part of response,waive minor technicalities and award the response to best serve the
interests of the City.Split awards may be made at the sole discretion of the City
1.11 Consistent and continued be responses could cause rejection of responses by the City and/or investigation for antitrust violations.
1.12 Telephone,facsimile,and electronically transmitted responses are not acceptable in response to the solicitation.
1.13 CAUTION:Solicitation invitation allows sufficient time for receipt of the preferred mail response. The City shall rot be responsible for responses
received late,illegible,incomplete,or otherwise non-responsive.
2. SPECIFICATION:
2.1 Any catalog,brand name or manufacturer's reference used in the solicitation is descriptive only(not restrictive),and is used to indicate type and
quality desired. Responses on brands of like nature and quality will be considered unless advertised under the provisions of Section 252.022 of
the Texas Local Government Code. If other than brand(s)specified is offered,illustrations and complete descriptions of product offered are
requested to be made a part of the response. If respondent takes no exceptions to specifications or reference data in response,respondent will be
required to fumish brand names,numbers,etc.,as specified in the solicitation.
2.2 All items on the solicitation shall be new,in first class condition,including containers suitable for shipment and storage,unless otherwise indicated
in the solicitation. Verbal agreements to the contrary will not be recognized.
2.3 Samples,when requested,must be furnished free of expense to the City. If not destroyed in examination,they will be returned to the respondent,
on request,at respondent expense. Each example should be marked with respondents'name and address,City solicitation number and code. Do
not enclose in or attach to response.
2.4 The City will not be bound by any oral statement or representation contrary to the written specifications of the solicitation.
2.5 Manufac kwefs standard warranty shall apply unless otherwise stated in the solicitation.
3. TIE RESPONSES: In case of tie responses.the award will be made in accordance with Section 271.901 of the Texas Local Government Code.
4. DELIVERY:
4.1 Response shall show number of days required to place material in City's designated location under normal conditions. Failure to state deliver time
obligates respondent to complete delivery in fourteen(14)calendar days. Unrealistically short or long delivery promises may cause response to be
disregarded. Consistent failure to meet delivery promises without valid reason may cause removal from Vendor list.(See 4.2 following.)
4.2 If delay is foreseen,Vendor shall give written notice to the City. The City has the right to extend delivery date if reasons appear valid. Vendor shall
keep the City advised at all times of status of order. Default in promised delivery(without acceptable reasons)or failure to meet specifications,
authorizes the City to purchase supplies elsewhere and charge full increase,if any,In cost and handling to defaulting Vendor.
4.3 No substitutions or cancellations permitted without written approval of the City.
4.4 Delivery shall be made during normal working hours only,unless prior approval for late delivery has been obtained from the City,unless otherwise
specified in the solicitation.
5. INSPECTION AND TESTS: All goods will be subject to inspection and test by the City to the extent practicable at all times and places. Authorized City
personnel shall have access to any supplier's place of business for the purpose of inspecting merchandise. Tests may be performed on samples
submitted with the response or on samples taken from regular shipments. If the products tested fail to meet or exceed all conditions and requirements
of the specifications,the cost of the sample used and the cost of the testing shall be bome by the supplier. Goods,which have been delivered and
rejected in whole or in part,may,at the City's option,be returned to the Vendor or held for disposition at Vendors risk and expense. Latent defects may
result in revocation of acceptance
6. AWARD OF AGREEMENT:A response to a solicitation is an offer to contract with the City based upon the terns,conditions,and specifications contained
in the solicitation. Responses do not become agreements or purchase orders unless and until they are accepted by the City through its designees and
an agreement or a purchase order is issued. The agreement or purchase order shall be governed,construed,and interpreted under the Charter of the
City and the laws of State of Texas. All agreements or purchase orders are subject to the approval of the City Council or Manager.
7. PAYMENT: Vendor shall submit three(3)copies of an invoice showing the agreement or purchase order number on all copies
8. PATENTS AND COPYRIGHTS: The Respondent agrees to protect the City from claims involving infringements of patents or copyrights.
9. RESPONDENT ASSIGNMENTS: Respondent hereby assigns to the purchaser any and all claims for overcharges associated with this agreement.which
arise under the antitrust taws of the State of Texas.TX,Bus.And Comm.Code Ann.Sec.15.01,el seq.(1967).
10. RESPONDENT AFFIRMATION:
Page 15 of 16
City of Round Rock
Pool Chemicals
IFB No. 17-006
Class/Item: 885-40
January 2017 Exhibit "A"
10.1 Signing the response with a false statement is a material breach of agreement and shall void the submitted response or any resulting agreements,
and the Respondent shall be removed from all Vendor lists. By signature hereon affixed,the respondent hereby certifies that
10.2 The respondent has not given,offered to give,nor intends to give any time hereafter any economic opportunity,future employment,gift,loan,
gratuity,special discount,tip,favor,or service to a public servant in connection with the submitted response.
10.3 The respondent is not currently delinquent in the payment of any debt owed the City.
10.4 Neither the respondent nor the firm, corporation, partnership, or any entity represented by the respondent,or anyone acting for such firm,
corporation,or entity has violated the antitrust laws of this State codified in Section 15.01 et Seq.Texas Business and Commercial Code,or the
Federal Antitrust Laws,nor communicated directly or indirectly the response made to any competitor,or any other person engaged in such line of
business_
10.5 The respondent has not received compensation for participation In the preparation of the specification for the solicitation.
11. NOTE TO RESPONDENTS: Any terms and conditions attached to response will not be considered unless the respondent specifically references them
on the front of the response forth. WARNING:Such terms and conditions may result in disqualification of the response(e.g.responses with the laws of
a state other than Texas requirements for prepayment,Limitations on rermAdies,etc.) The City of Round Rock can only accept responses which contain
all the terms and conditions of its formal solicitation;in particular,all respondents'affirmations and certifications must be included. Submission of
responses on forms other than City's form may result in disqualification of your response.
12. INQUIRIES: Inquiries pertaining to Solicitation invitations must give Solicitation number,codes,and opening date.
Page 16 of 16
BRENNTAGAW SAFETY DATA SHEET
1. identification Exhibit "A"
Product identifier AQUACHLOR 10% EPA#62374-17 AV CI-2
Other means of identification None.
Recommended use ALL PROPER AND LEGAL PURPOSES
Recommended restrictions None known.
Manufacturer/Importer/Supplier/Distributor information
Manufacturer
Company name Brenntag Southwest, Inc.
Address 610 Fisher Road
Longview,TX 75604
Telephone 903-759-7151
E-mail Not available.
Emergency phone number 800-424-9300 CHEMTREC
2. Hazard(s) identification
Physical hazards Not classified.
Health hazards Skin corrosion/irritation Category 1
Serious eye damage/eye irritation Category 1
Environmental hazards Not classified.
OSHA defined hazards Not classified.
Label elements
Signal word Danger
Hazard statement Causes severe skin burns and eye damage. Causes serious eye damage.
Precautionary statement
Prevention Do not breathe mist or vapor.Wash thoroughly after handling. Wear protective gloves/protective
clothing/eye protection/face protection.
Response If swallowed: Rinse mouth. Do NOT induce vomiting. If on skin(or hair): Take off immediately all
contaminated clothing. Rinse skin with water/shower. If inhaled: Remove person to fresh air and
keep comfortable for breathing. If in eyes: Rinse cautiously with water for several minutes.
Remove contact lenses,if present and easy to do. Continue rinsing, Immediately call a poison
center/doctor.Wash contaminated clothing before reuse.
Storage Store locked up.
Disposal Dispose of contents/container in accordance with IocaVregional/nationaVintemational regulations.
Hazard(s)not otherwise None known.
classified(HNOC)
Supplemental information None.
3. Composition/information on ingredients
Mixtures
Chemical name Common name and synonyms CAS number %
HYPOCHLOROUS ACID, SODIUM 7681-52-9 10
SALT(1:1)
SODIUM HYDROXIDE(NA(OH)) 1310-73-2 0.7
Other components below reportable levels 89,3
`Designates that a specific chemical identity and/or percentage of composition has been withheld as a trade secret.
Material name:AQUACHLOR 10%EPA#52374-17 AV CL2 sos Us
12669 Version#:01 Issue date:02-07-2017 1 /7
4. First-aid measures
Inhalation Move to fresh air. Call a physician if symptoms develop or persist.
Skin contact Take off immediately all contaminated clothing. Rinse skin with water/shower.Call a physician or
poison control center immediately.Chemical bums must be treated by a physician.Wash
contaminated clothin�jbit "At'
A t,
Eye contact Immediately flush eyes with plenty of water for at least 15 minutes. Remove contact lenses, if
present and easy to do. Continue rinsing.Call a physician or poison control center immediately.
Ingestion Call a physician or poison control center immediately. Rinse mouth. Do not induce vomiting. If
vomiting occurs, keep head low so that stomach content doesn't get into the lungs.
Most important Burning pain and severe corrosive skin damage. Causes serious eye damage. Symptoms may
symptoms/effects,acute and include stinging,tearing, redness,swelling, and blurred vision. Permanent eye damage including
delayed blindness could result.
indication of immediate Provide general supportive measures and treat symptomatically. Chemical burns: Flush with water
medical attention and special immediately.While flushing, remove clothes which do not adhere to affected area.Call an
treatment needed ambulance. Continue flushing during transport to hospital. Keep victim under observation.
Symptoms may be delayed.
General information Ensure that medical personnel are aware of the material(s) involved,and take precautions to
protect themselves
5. Fire-fighting measures
Suitable extinguishing media Foam. Powder. Carbon dioxide(CO2).
Unsuitable extinguishing Do not use water jet as an extinguisher,as this will spread the fire.
media
Specific hazards arising from During fire, gases hazardous to health may be formed.
the chemical
Special protective equipment Self-contained breathing apparatus and full protective clothing must be worn in case of fire.
and precautions for firefighters
Fire fighting Move containers from fire area if you can do so without risk.
equipmentCn structions
Specific methods Use standard firefighting procedures and consider the hazards of other involved materials.
General fire hazards No unusual fire or explosion hazards noted.
6. Accidental release measures
Personal precautions, Keep unnecessary personnel away. Keep people away from and upwind of spill/leak. Wear
protective equipment and appropriate protective equipment and clothing during clean-up. Do not breathe mist or vapor. Do
emergency procedures not touch damaged containers or spilled material unless wearing appropriate protective clothing.
Ensure adequate ventilation. Local authorities should be advised if significant spillages cannot be
contained. For personal protection, see section 8 of the SDS.
Methods and materials for Use water spray to reduce vapors or divert vapor cloud drift. Prevent entry into waterways, sewer,
containment and cleaning up basements or confined areas.
Large Spills: Stop the flow of material, if this is without risk. Dike the spilled material,where this is
possible. Absorb in vermiculite,dry sand or earth and place into containers. Following product
recovery,flush area with water.
Small Spills:Wipe up with absorbent material(e.g. cloth, fleece). Clean surface thoroughly to
remove residual contamination.
Never return spills to original containers for re-use. For waste disposal,see section 13 of the SDS.
Environmental precautions Avoid discharge into drains,water courses or onto the ground.
7. Handling and storage
Precautions for safe handling Do not breathe mist or vapor. Do not get in eyes,on skin, or on clothing. Provide adequate
ventilation.Avoid prolonged exposure.Wear appropriate personal protective equipment.Observe
good industrial hygiene practices.
Conditions for safe storage, Store locked up. Store in original tightly closed container. Store away from incompatible materials
including any incompatibilities (see Section 10 of the SDS).
Material name:AQUACHLOR 10%EPA#52374-17 AV CL2 sos us
12669 Version#:01 Issue date:02-07-2017 2/7
8. Exposure controls/personal protection
Occupational exposure limits
US.OSHA Table Z-1 Limits for Air Contaminants(29 CFR 1910.1000)
Components Type Value
SODIUM HYDROXIDE PEL bit 2 mg/m3
(NA(OH))(CAS 1310-73-2)
US.ACGIH Threshold Limit Values
Components Type Value
SODIUM HYDROXIDE Ceiling 2 mg/m3
(NA(OH))(CAS 1310-73-2)
US.NIOSH: Pocket Guide to Chemical Hazards
Components Type Value
SODIUM HYDROXIDE Ceiling 2 mg/m3
(NA(OH))(CAS 1310-73-2)
US.Workplace Environmental Exposure Level (WEEL)Guides
Components Type Value
HYPOCHLOROUS ACID, STEL 2 mg/m3
SODIUM SALT(1:1) (CAS
7681-52-9)
Biological limit values No biological exposure limits noted for the ingredient(s).
Appropriate engineering Good general ventilation (typically 10 air changes per hour)should be used. Ventilation rates
controls should be matched to conditions. If applicable, use process enclosures, local exhaust ventilation,
or other engineering controls to maintain airborne levels below recommended exposure limits. If
exposure limits have not been established, maintain airborne levels to an acceptable level. Eye
wash facilities and emergency shower must be available when handling this product.
Individual protection measures,such as personal protective equipment
The following are recommendations for Personnel Protective Equipment(PPE).The employer/user of this product must perform a
Hazard Assessment of the workplace according to OSHA regulations 29 CFR 1910.132 to determine the appropriate PPE for use
while performing any task involving potential exposure to this product.
Eyelface protection Wear safety glasses with side shields(or goggles)and a face shield.
Skin protection
Hand protection Wear appropriate chemical resistant gloves. Suitable gloves can be recommended by the glove
supplier.
Other Wear appropriate chemical resistant clothing.
Respiratory protection In case of insufficient ventilation,wear suitable respiratory equipment.
Thermal hazards Wear appropriate thermal protective clothing,when necessary
General hygiene Always observe good personal hygiene measures, such as washing after handling the material
considerations and before eating, drinking, and/or smoking. Routinely wash work clothing and protective
equipment to remove contaminants.
9. Physical and chemical properties
Appearance
Physical state Liquid.
Form Liquid.
Color Colorless to pale yellow
Odor SLIGHT CHLORINE
Odor threshold Not available.
pH Not available.
Melting point/freezing point 10°F (-12.22°C)
Initial boiling point and boiling 230.03°F(110.02°C)estimated
range
Flash point Not available.
Evaporation rate Not available.
Flammability(solid,gas) Not applicable.
Material name:AQUACHLOR 10%EPA#52374-17 AV CL2 sos us
12669 Version#:01 Issue date:02-07-2017 317
Upperilower flammability or explosive limits
Flammability limit-lower Not available.
(%)
Flammability limit-upper Not available. h
Explosive limit-lower(%) Not available. EXhibit f f f f
Explosive limit-upper(%) Not available.
Vapor pressure Not available,
Vapor density Not available.
Relative density Not available.
Solubility(ies)
Solubility(water) Not available.
Partition coefficient Not available.
(n-octanol/water)
Auto4gnition temperature Not available.
Decomposition temperature Not available.
Viscosity Not available.
Other information
Density 10.71 lbs/gal
Explosive properties Not explosive.
Oxidizing properties Not oxidizing.
Percent volatile 89.3%estimated
Specific gravity 1.28
10. Stability and reactivity
Reactivity The product is stable and non-reactive under normal conditions of use,storage and transport.
Chemical stability Material is stable under normal conditions,
Possibility of hazardous Hazardous polymerization does not occur.
reactions
Conditions to avoid Contact with incompatible materials.
Incompatible materials Strong oxidizing agents.
Hazardous decomposition No hazardous decomposition products are known.
products
11. Toxicological information
Information on likely routes of exposure
Inhalation May cause irritation to the respiratory system. Prolonged inhalation may be harmful.
Skin contact Causes severe skin burns.
Eye contact Causes serious eye damage.
Ingestion Causes digestive tract burns.
Symptoms related to the Burning pain and severe corrosive skin damage. Causes serious eye damage. Symptoms may
physical,chemical and include stinging,tearing, redness,swelling,and blurred vision. Permanent eye damage including
toxicological blindness could result.
characteristics
Information on toxicological effects
Acute toxicity Not available.
Skin corrosion/irritation Causes severe skin burns and eye damage.
Serious eye damage/eye Causes serious eye damage.
irritation
Respiratory or skin sensitization
Respiratory sensitization Not a respiratory sensitizer.
Skin sensitization This product is not expected to cause skin sensitization.
Material name:AQUACHLOR 10%EPA#52374-17 AV CL2 sos us
12669 Version#:01 Issue date:02-07-2017 4/7
Germ cell mutagenicity No data available to indicate product or any components present at greater than 0,1%are
mutagenic or genotoxic.
Carcinogenicity This product is not considered to be a carcinogen by IARC,ACGIH, NTP,or OSHA.
IARC Monographs.Overall Evaluation of Carcinogenicity
Not listed. j�jj''�Yyhh��•jj��1•♦+ tt A It
OSHA Specifically Regulated Substances 129 CFL;;14hJlt50) 1�
Not regulated.
US.National Toxicology Program(NTP)Report on Carcinogens
Not listed.
Reproductive toxicity This product is not expected to cause reproductive or developmental effects.
Specific target organ Not classified.
toxicity-single exposure
Specific target organ Not classified.
toxicity-repeated
exposure
Aspiration hazard Not an aspiration hazard.
Chronic effects Prolonged inhalation may be harmful.
12. Ecological information
Ecotoxicity The product is not classified as environmentally hazardous. However,this does not exclude the
possibility that large or frequent spills can have a harmful or damaging effect on the environment.
Components Species Test Results
HYPOCHLOROUS ACID, SODIUM SALT(1:1)(CAS 7681-52-9)
Aquatic
Fish LC50 Chinook salmon(Oncorhynchus 0.038-0.065 mg/I, 96 hours
tshawytscha)
SODIUM HYDROXIDE(NA(OH))(CAS 1310-73-2)
Aquatic
Crustacea EC50 Water flea(Ceriodaphnia dubia) 34.59-47.13 mg/l, 48 hours
Fish LC50 Western mosquitofish(Gambusia affinis) 125 mg/1,96 hours
" Estimates for product may be based on additional component data not shown.
Persistence and degradability No data is available on the degradability of this product.
Bioaccumulative potential No data available.
Mobility in soil No data available.
Other adverse effects No other adverse environmental effects(e.g.ozone depletion, photochemical ozone creation
potential,endocrine disruption,global warming potential)are expected from this component.
13. Disposal considerations
Disposal instructions Collect and reclaim or dispose in sealed containers at licensed waste disposal site. Dispose of
contents/container in accordance with local/regionaVnationaVinternational regulations.
Local disposal regulations Dispose in accordance with all applicable regulations.
Hazardous waste code The waste code should be assigned in discussion between the user,the producer and the waste
disposal company.
Waste from residues/unused Dispose of in accordance with local regulations. Empty containers or liners may retain some
products product residues.This material and its container must be disposed of in a safe manner(see:
Disposal instructions).
Contaminated packaging Since emptied containers may retain product residue, follow label warnings even after container is
emptied. Empty containers should be taken to an approved waste handling site for recycling or
disposal.
14. Transport information
DOT
UN number UN1791
UN proper shipping name HYPOCHLORITE SOLUTIONS MARINE POLLUTANT(SODIUM HYPOCHLORITE) RQ
Transport hazard class(es)
Class 8
Material name:AQUACHLOR 10%EPA#52374-17 AV CI-2 sos us
12669 Version#:01 Issue date:02-07-2017 5/7
Subsidiary risk -
Packing group III
Special precautions for user Read safety instructions. SDS and emergent procedures before handling.
ERG number 154 Exhibit "A '
DOT DOT information on packaging may be different from that listed.
DOT
General information IMDG Regulated Marine Pollutant.
15. Regulatory information
US federal regulations This product is a"Hazardous Chemical'as defined by the OSHA Hazard Communication
Standard,29 CFR 1910.1200.
TSCA Section 12(b)Export Notification(40 CFR 707,Subpt.D)
Not regulated.
CERCLA Hazardous Substance List(40 CFR 302.4)
HYPOCHLOROUS ACID. SODIUM SALT(1:1)(CAS Listed.
7681-52-9)
SODIUM HYDROXIDE(NA(OH))(CAS 1310-73-2) Listed.
SARA 304 Emergency release notification
Not regulated.
OSHA Specifically Regulated Substances(29 CFR 1910.1001-1050)
Not regulated.
Superfund Amendments and Reauthorization Act of 1986(SARA)
Hazard categories Immediate Hazard-Yes
Delayed Hazard-No
Fire Hazard-No
Pressure Hazard- No
Reactivity Hazard- No
SARA 302 Extremely hazardous substance
Not listed.
SARA 3111312 Hazardous Yes
chemical
SARA 313(TRI reporting)
Not regulated.
Other federal regulations
Clean Air Act(CAA)Section 112 Hazardous Air Pollutants(HAPS)List
Not regulated.
Clean Air Act(CAA)Section 112(r)Accidental Release Prevention(40 CFR 68.130)
Not regulated.
Safe Drinking Water Act Not regulated.
(SDWA)
US state regulations
US.California Controlled Substances.CA Department of Justice(California Health and Safety Code Section 11100)
Not listed.
US.California.Candidate Chemicals List.Safer Consumer Products Regulations(Cal.Code Regs,tit.22,69502.3,subd.
(a))
SODIUM HYDROXIDE(NA(OH))(CAS 1310-73-2)
Material name:AQUACHLOR 10%EPA#52374-17 AV CL2 sos us
12669 Version#:01 Issue date:02-07-2017 617
US.Massachusetts RTK-Substance List
HYPOCHLOROUS ACID, SODIUM SALT(1:1)(CAS 7681-52-9)
SODIUM HYDROXIDE(NA(OH))(CAS 1310-73-2)
US.New Jersey Worker and Community Right-to-Know Act
HYPOCHLOROUS ACID, SODIUM SALT(1:1A 52-9)f f
SODIUM HYDROXIDE(NA(OH))(CAS 1310-7 �x 'iI it Af
US.Pennsylvania Worker and Community Right-to-Know Law
HYPOCHLOROUS ACID, SODIUM SALT(1:1)(CAS 7681-52-9)
SODIUM HYDROXIDE(NA(OH))(CAS 1310-73-2)
US.Rhode Island RTK
HYPOCHLOROUS ACID, SODIUM SALT(1:1)(CAS 7681-52-9)
SODIUM HYDROXIDE(NA(OH))(CAS 1310-73-2)
US.California Proposition 66
California Safe Drinking Water and Toxic Enforcement Act of 1986(Proposition 65): This material is not known to contain
any chemicals currently listed as carcinogens or reproductive toxins.
International Inventories
Country(s)or region Inventory name On inventory(yes/no)*
Australia Australian Inventory of Chemical Substances(AICS) Yes
Canada Domestic Substances List(DSL) Yes
Canada Non-Domestic Substances List(NDSL) No
China Inventory of Existing Chemical Substances in China(IECSC) Yes
Europe European Inventory of Existing Commercial Chemical Yes
Substances(EINECS)
Europe European List of Notified Chemical Substances(ELINCS) No
Japan Inventory of Existing and New Chemical Substances(ENCS) Yes
Korea Existing Chemicals List(ECL) Yes
New Zealand New Zealand Inventory Yes
Philippines Philippine Inventory of Chemicals and Chemical Substances Yes
(PICCS)
United States& Puerto Rico Toxic Substances Control Act(TSCA)Inventory Yes
*A"Yes'indicates that all components of this product comply with the inventory requirements administered by the governing country(s)
A"No"indicates that one or more components of the product are not listed or exempt from listing on the inventory administered by the governing
country(s).
16. Other information, including date of preparation or last revision
Issue date 02-07-2017
Version# 01
HMISO ratings Health: 3
Flammability:0
Physical hazard:0
NFPA ratings Health:3
Flammability: 0
Instability:0
Disclaimer While Brenntag believes the information contained herein to be accurate, Brenntag makes no
representation orwarranty, express or implied, regarding,and assumes no liability for,the
accuracy or completeness of the information. The Buyer assumes all responsibility for handling,
using and/or reselling the Product in accordance with applicable federal, state,and local law. This
SDS shall not in any way limit or preclude the operation and effect of any of the provisions of
Brenntag's terms and conditions of sale.
Material name:AQUACHLOR 10%EPA#52374-17 AV CL2 sos us
12669 Version#:01 Issue date:02-07-2017 7/7
BRENNTAGAIIM., SAFETY DATA SHEET
Exhibit "A"
1. Identification
Product identifier SULFURIC ACID 38%
Other means of identification None.
Recommended use ALL PROPER AND LEGAL PURPOSES
Recommended restrictions None known.
Manufacturer/Importer/Supplier/Distributor information
Manufacturer
Company name Brenntag Southwest, Inc,
Address 610 Fisher Road
Longview,TX 75604
Telephone 903-759-7151
E-mail Not available.
Emergency phone number 800-424-9300 CHEMTREC
2. Hazard(s) identification
Physical hazards Not classified.
Health hazards Skin corrosionfirritation Category 1A
Serious eye damage/eye irritation Category 1
Environmental hazards Not classified.
OSHA defined hazards Not classified.
Label elements
AQ>
Signal word Danger
Hazard statement Causes severe skin burns and eye damage. Causes serious eye damage.
Precautionary statement
Prevention Do not breathe mist or vapor.Wash thoroughly after handling.Wear protective gloves/protective
clothing/eye protection/face protection.
Response If swallowed: Rinse mouth. Do NOT induce vomiting. If on skin(or hair): Take off immediately all
contaminated clothing. Rinse skin with water/shower. If inhaled: Remove person to fresh air and
keep comfortable for breathing. If in eyes: Rinse cautiously with water for several minutes.
Remove contact lenses,if present and easy to do. Continue rinsing. Immediately call a poison
center/doctor.Wash contaminated clothing before reuse.
Storage Store locked up.
Disposal Dispose of waste and residues in accordance with local authority requirements.
Hazard(s)not otherwise None known.
classified(HNOC)
Supplemental information None.
3. Composition/information on ingredients
Mixtures
Chemical name Common name and synonyms CAS number %
SULFURIC ACID 7664-93-9 37.5
Other components below reportable levels 62.5
'Designates that a specific chemical identity and/or percentage of composition has been withheld as a trade secret.
Material name:SULFURIC ACID 38% SDSUS
302449 Version#:02 Revision date:08-09-2016 Issue date:05-08-2015 1 /7
4. First-aid measures
Inhalation Move to fresh air. Call a physician if symptoms develop or persist.
Skin contact Take off immediately all contaminated clothing. Rinse skin with water/shower. Call a physician or
poison control center immediately. Chemical burns must be treated by a physician.Wash
contaminated clothiEbbf et f f A f f
Eye contact Immediately flush eyes with plenty of water for at least 15 minutes. Remove contact lenses. if
present and easy to do. Continue rinsing. Call a physician or poison control center immediately.
Ingestion Call a physician or poison control center immediately. Rinse mouth. Do not induce vomiting. If
vomiting occurs, keep head low so that stomach content doesn't get into the lungs.
Most important Burning pain and severe corrosive skin damage. Causes serious eye damage. Symptoms may
symptoms/effects,acute and include stinging,tearing, redness,swelling,and blurred vision. Permanent eye damage including
delayed blindness could result.
Indication of immediate Provide general supportive measures and treat symptomatically. Chemical bums: Flush with water
medical attention and special immediately.While flushing, remove clothes which do not adhere to affected area.Call an
treatment needed ambulance. Continue flushing during transport to hospital. Keep victim under observation.
Symptoms may be delayed.
General information Ensure that medical personnel are aware of the material(s) involved,and take precautions to
protect themselves.
5. Fire-fighting measures
Suitable extinguishing media Foam. Powder. Carbon dioxide(CO2).
Unsuitable extinguishing Do not use water jet as an extinguisher,as this will spread the fire.
media
Specific hazards arising from During fire, gases hazardous to health may be formed.
the chemical
Special protective equipment Self-contained breathing apparatus and full protective clothing must be worn in case of fire.
and precautions for firefighters
Fire fighting Move containers from fire area if you can do so without risk.
equipment/instructions
Specific methods Use standard firefighting procedures and consider the hazards of other involved materials.
General fire hazards No unusual fire or explosion hazards noted.
6. Accidental release measures
Personal precautions, Keep unnecessary personnel away. Keep people away from and upwind of spill/leak.Wear
protective equipment and appropriate protective equipment and clothing during clean-up. Do not breathe mist or vapor. Do
emergency procedures not touch damaged containers or spilled material unless wearing appropriate protective clothing.
Ensure adequate ventilation. Local authorities should be advised if significant spillages cannot be
contained. For personal protection, see section 8 of the SDS.
Methods and materials for Large Spills: Stop the flow of material, if this is without risk. Dike the spilled material,where this is
containment and cleaning up possible. Absorb in vermiculite,dry sand or earth and place into containers. Following product
recovery, flush area with water.
Small Spills:Wipe up with absorbent material(e.g. cloth, fleece). Clean surface thoroughly to
remove residual contamination.
Never return spills to original containers for re-use. For waste disposal,see section 13 of the SDS.
Environmental precautions Avoid discharge into drains,water courses or onto the ground.
7. Handling and storage
Precautions for safe handling Respiratory protection is`only required"when sprays are present in the air.
Conditions for safe storage, Store locked up. Store in original tightly closed container. Store away from incompatible materials
including any incompatibilities (see Section 10 of the SDS).
8. Exposure controlsipersonal protection
Occupational exposure limits
US.OSHA Table Z-1 Limits for Air Contaminants(29 CFR 1910.1000)
Components Type Value
SULFURIC ACID(CAS PEL 1 mg/m3
7664-93-9)
Material name:SULFURIC ACID 38% sos US
302449 Version#:02 Revision date:06-09-2016 Issue date:05-08-2015 2/7
US.ACGIH Threshold Limit Values
Components Type Value Form
SULFURIC ACID(CAS TWA 0.2 mg/m3 Thoracic fraction.
7664-93-9)
US.NIOSH: Pocket Guide to Chemical Hazards
Xhlbit A
Components Typ Value
SULFURIC ACID(CAS TWA 1 mg/m3
7664-93-9)
Biological limit values No biological exposure limits noted for the ingredient(s).
Appropriate engineering Good general ventilation(typically 10 air changes per hour)should be used. Ventilation rates
controls should be matched to conditions. If applicable, use process enclosures,local exhaust ventilation,
or other engineering controls to maintain airborne levels below recommended exposure limits. If
exposure limits have not been established,maintain airborne levels to an acceptable level. Eye
wash facilities and emergency shower must be available when handling this product.
Individual protection measures,such as personal protective equipment
The following are recommendations for Personnel Protective Equipment(PPE).The employer/user of this product must perform a
Hazard Assessment of the workplace according to OSHA regulations 29 CFR 1910.132 to determine the appropriate PPE for use
while performing any task involving potential exposure to this product.
Eyelface protection Wear safety glasses with side shields(or goggles)and a face shield.
Skin protection
Hand protection Wear appropriate chemical resistant gloves. Suitable gloves can be recommended by the glove
supplier.
Other Wear appropriate chemical resistant clothing.
Respiratory protection In case of insufficient ventilation,wear suitable respiratory equipment.
Thermal hazards Wear appropriate thermal protective clothing,when necessary.
General hygiene Always observe good personal hygiene measures,such as washing after handling the material
considerations and before eating,drinking,and/or smoking. Routinely wash work clothing and protective
equipment to remove contaminants.
9. Physical and chemical properties
Appearance
Physical state Liquid.
Form Liquid.
Color COLORLESS TO BROWN
Odor ODORLESS
Odor threshold Not available.
pH Not available.
Melting point/freezing point -75°F(-59.44"C)
Initial boiling point and boiling 340.25°F (171.25°C)estimated
range
Flash point 644.0°F(340.0°C)
Evaporation rate Not available.
Flammability(solid,gas) Not applicable.
Upper/lower flammability or explosive limits
Flammability limit-lower Not available.
N
Flammability limit-upper Not available.
(%)
Explosive limit-lower(y6) Not available.
Explosive limit-upper(%) Not available.
Vapor pressure Not available.
Vapor density Not available.
Relative density Not available.
Material name:SULFURIC ACID 38% sos us
302449 Version#:02 Revision date:08-09-2016 Issue date:05-08-2015 3/7
Solubility(ies)
Solubility(water) Not available.
Partition coefficient Not available.
(n-octanol/water)
Auto-ignition temperature Not available. Exhibit "A"
Decomposition temperature Not available.
Viscosity Not available.
Other information
Density 10.79 lbs/gal
Explosive properties Not explosive.
Flammability class Combustible IIIB estimated
Oxidizing properties Not oxidizing.
Percent volatile 62.5%estimated
Specific gravity 1.29
10. Stability and reactivity
Reactivity The product is stable and non-reactive under normal conditions of use,storage and transport.
Chemical stability Material is stable under normal conditions.
Possibility of hazardous Hazardous polymerization does not occur.
reactions
Conditions to avoid Contact with incompatible materials.
Incompatible materials Strong oxidizing agents.
Hazardous decomposition No hazardous decomposition products are known.
products
11. Toxicological information
Information on likely routes of exposure
Inhalation May cause irritation to the respiratory system. Prolonged inhalation may be harmful.
Skin contact Causes severe skin burns.
Eye contact Causes serious eye damage.
Ingestion Causes digestive tract burns.
Symptoms related to the Burning pain and severe corrosive skin damage.Causes serious eye damage. Symptoms may
physical,chemical and include stinging,tearing, redness,swelling,and blurred vision. Permanent eye damage including
toxicological blindness could result.
characteristics
Information on toxicological effects
Acute toxicity Not available.
Skin corrosionfirritation Causes severe skin burns and eye damage.
Serious eye damage/eye Causes serious eye damage.
irritation
Respiratory or skin sensitization
Respiratory sensitization Not a respiratory sensitizer
Skin sensitization This product is not expected to cause skin sensitization.
Germ cell mutagenicity No data available to indicate product or any components present at greater than 0.1%are
mutagenic or genotoxic.
Carcinogenicity This product is not considered to be a carcinogen by IARC,ACGIH, NTP,or OSHA.
IARC Monographs.Overall Evaluation of Carcinogenicity
Not listed.
OSHA Specifically Regulated Substances(29 CFR 1910.1001-1050)
Not regulated.
US.National Toxicology Program(NTP) Report on Carcinogens
Not listed.
Reproductive toxicity This product is not expected to cause reproductive or developmental effects.
Material name:SULFURIC ACID 38% sos us
302449 Version#:02 Revision date:08-09-2016 Issue date:05-08-2015 4/7
Specific target organ Not classified.
toxicity-single exposure
Specific target organ Not classified.
toxicity-repeated
exposure
Aspiration hazard Not an aspiration,EXhibit "A"
Chronic effects Prolonged inhalation may be harmful.
12. Ecological information
Ecotoxicity The product is not classified as environmentally hazardous. However,this does not exclude the
possibility that large or frequent spills can have a harmful or damaging effect on the environment.
Components Species Test Results
SULFURIC ACID(CAS 7664-93-9)
Aquatic
Fish LC50 Western mosquitofish(Gambusia affinis) 42 mg/l,96 hours
Estimates for product may be based on additional component data not shown.
Persistence and degradability No data is available on the degradability of this product.
Bioaccumulative potential No data available.
Mobility in soil No data available.
Other adverse effects No other adverse environmental effects(e.g.ozone depletion, photochemical ozone creation
potential,endocrine disruption,global warming potential)are expected from this component.
13. Disposal considerations
Disposal instructions Collect and reclaim or dispose in sealed containers at licensed waste disposal site. Dispose of
contents/container in accordance with local/regional/nationaL'intemational regulations.
Local disposal regulations Dispose in accordance with all applicable regulations.
Hazardous waste code The waste code should be assigned in discussion between the user,the producer and the waste
disposal company
Waste from residues/unused Dispose of in accordance with local regulations. Empty containers or liners may retain some
products product residues.This material and its container must be disposed of in a safe manner(see:
Disposal instructions).
Contaminated packaging Since emptied containers may retain product residue, follow label warnings even after container is
emptied. Empty containers should be taken to an approved waste handling site for recycling or
disposal.
14. Transport information
DOT
UN number UN2796
UN proper shipping name SULFURIC ACID
Transport hazard class(es)
Class 8
Subsidiary risk -
Packing group II
Special precautions for user Read safety instructions, SDS and emergency procedures before handling.
ERG number 157
DOT information on packaging may be different from that listed.
DOT
iie
Material name:SULFURIC ACID 38% SOS US
302449 Version#:02 Revision date:08-09-2016 Issue date:05-08-2015 5/7
15. Regulatory information
US federal regulations This product is a"Hazardous Chemical'as defined by the OSHA Hazard Communication
Standard,29 CFR 1910.1200.
TSCA Section 12(b)Export Notification(40 CFR 707,Subjpt.D)
Not regulated. Exhibit "A"A'f
CERCLA Hazardous Substance List(40 CFR 302.4)
SULFURIC ACID(CAS 766493-9) Listed.
SARA 304 Emergency release notification
SULFURIC ACID(CAS 7664-93-9) 1000 LBS
OSHA Specifically Regulated Substances(29 CFR 1910.1001-1050)
Not regulated.
Superfund Amendments and Reauthorization Act of 1986(SARA)
Hazard categories Immediate Hazard-Yes
Delayed Hazard-No
Fire Hazard-No
Pressure Hazard- No
Reactivity Hazard-No
SARA 302 Extremely hazardous substance
Chemical name CAS number Reportable Threshold Threshold Threshold
quantity planning quantity planning quantity, planning quantity,
lower value upper value
SULFURIC ACID 7664-93-9 1000 1000 lbs
SARA 311/312 Hazardous Yes
chemical
SARA 313 (TRI reporting)
Chemical name CAS number % by wt.
SULFURIC ACID 7664-93-9 37.5
Other federal regulations
Clean Air Act(CAA)Section 112 Hazardous Air Pollutants(HAPs)List
Not regulated.
Clean Air Act(CAA)Section 112(r)Accidental Release Prevention (40 CFR 68.130)
Not regulated.
Safe Drinking Water Act Not regulated.
(SDWA)
Drug Enforcement Administration (DEA).List 2,Essential Chemicals(21 CFR 1310.02(b)and 1310.04(f)(2)and
Chemical Code Number
SULFURIC ACID(CAS 7664-93-9) 6552
Drug Enforcement Administration(DEA). List 1&2 Exempt Chemical Mixtures(21 CFR 1310.12(c))
SULFURIC ACID(CAS 7664-93-9) 20%WV
DEA Exempt Chemical Mixtures Code Number
SULFURIC ACID(CAS 7664-93-9) 6552
US state regulations
US.California Controlled Substances.CA Department of Justice(California Health and Safety Code Section 11100)
Not listed.
US.Massachusetts RTK-Substance List
SULFURIC ACID(CAS 766493-9)
US.New Jersey Worker and Community Right-to-Know Act
SULFURIC ACID(CAS 766493-9)
US.Pennsylvania Worker and Community Right4o-Know Law
SULFURIC ACID(CAS 7664-93-9)
US.Rhode Island RTK
SULFURIC ACID(CAS 7664-93-9)
US.California Proposition 65
California Safe Drinking Water and Toxic Enforcement Act of 1986(Proposition 65): This material is not known to contain
any chemicals currently listed as carcinogens or reproductive toxins.
Material name:SULFURIC ACID 38% sos us
302449 Version#:02 Revision date:08-09-2016 Issue date:05-08-2015 6/7
International Inventories
Country(s)or region Inventory name On inventory(yes/no)*
Australia Australian Inventory of Chemical Substances(AICS) Yes
Canada Domestic Substances List(DSL) Yes
Canada Non-Domestic SubsExhibilsOY A f f No
China Inventory of Existing Chemical Substances in China(IECSC) Yes
Europe European Inventory of Existing Commercial Chemical Yes
Substances(EINECS)
Europe European List of Notified Chemical Substances(ELINCS) No
Japan Inventory of Existing and New Chemical Substances(ENCS) Yes
Korea Existing Chemicals List(ECL) Yes
New Zealand New Zealand Inventory Yes
Philippines Philippine Inventory of Chemicals and Chemical Substances Yes
(PICCS)
United States& Puerto Rico Toxic Substances Control Act(TSCA) Inventory Yes
`A"Yes"indicates that all components of this product comply with the inventory requirements administered by the governing country(s)
A"No"indicates that one or more components of the product are not listed or exempt from listing on the inventory administered by the governing
country(s).
16. Other information, including date of preparation or last revision
Issue date 05-08-2015
Revision date 08-09-2016
Version# 02
HMISO ratings Health:3
Flammability:0
Physical hazard:0
NFPA ratings Health:3
Flammability: 1
Instability: 1
Disclaimer While Brenntag believes the information contained herein to be accurate, Brenntag makes no
representation or warranty,express or implied, regarding,and assumes no liability for,the
accuracy or completeness of the information. The Buyer assumes all responsibility for handling,
using and/or reselling the Product in accordance with applicable federal, state,and local law. This
SDS shall not in any way limit or preclude the operation and effect of any of the provisions of
Brenntag's terms and conditions of sale.
Revision information Hazard(s)identification: Prevention
Accidental release measures: Personal precautions,protective equipment and emergency
procedures
Accidental release measures: Methods and materials for containment and cleaning up
Handling and storage: Precautions for safe handling
Exposure controls/personal protection: Eye/face protection
Exposure controls/personal protection:Generalized Statements
Exposure controls/personal protection: PPE Symbols
Toxicological information: Inhalation
Other information,including date of preparation or last revision: Disclaimer
Other information,including date of preparation or last revision: Further information
Material name:SULFURIC ACID 38% sos us
302449 Version ft:02 Revision date:08-09-2016 Issue date:05-08-2015 717
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business.
Brenntag Southwest, Inc.
2017-175636
Longview,TX United States Date Piled:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 03/07/2017
being filed.
City of Round Rock Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
17-006
Pool Chemicals
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
Brenntag North America, Inc. Reading, PA United States X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT
I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
KRISLA CADENHE•AD
�` <-'• NOTARY PUBLIC
*: IDU 130£3()0221
State of Texas
9jF 011�i'• (:anon.E%r/.1„S' 72�)21) �. ,�i;�`�- �—•� / t/
4 Signature of authorized"agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE
Sworn to and subscribed before me,b , e said �r7' { this the day of �C
20. to which,witne my hand and seal of office.
Sig It
ure of officer administering oath Printed name of officer administering oath Title of officer adm' istering oat
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277
CERTIFICATE OF INTERESTED PARTIES
FORM 3.295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2017-175636
Brenntag Southwest, Inc.
Longview,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 03/07/2017
being filed.
City of Round Rock Date Acknowledged:
05/25/2017
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
17-006
Pool Chemicals
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
Brenntag North America, Inc. Reading, PA United States X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE
Sworn to and subscribed before me,by the said this the day of
20 ,to certify which,witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277