R-11-12-15-11E11 - 12/15/2011 RESOLUTION NO. R-11-12-15-11E11
WHEREAS, the City of Round Rock has duly advertised for bids for the purchase of water
treatment chemicals, and
WHEREAS, DPC Industries, Inc. has submitted the lowest responsible bid, and
WHEREAS, the City Council wishes to accept the bid of DPC Industries, Inc.,Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Agreement for Purchase of Water Treatment Chemicals Chlorine (150 lb. Cylinders) From DPC
Industries, Inc., a copy of said Agreement being attached hereto as Exhibit "A" and incorporated
herein, and
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 15th day of December, 2011.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
t •
SARA L. WHITE, City Secretary
O:\wdox\SCClnts\0112\1 10CMUNICIPAD00239067DOOrmc
EXHIBIT
„A„
CITY OF ROUND ROCK AGREEMENT
FOR PURCHASE OF WATER TREATMENT CHEMICALS
CHLORINE (150 LB. CYLINDERS) FROM
DPC INDUSTRIES, 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 chlorine (150 lb. cylinders), 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 , 2011, 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 DPC INDUSTRIES, INC., whose
offices are located at 601 West Industrial Boulevard, Cleburne, Texas 76031, 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 chlorine (150 lb. cylinders), 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 Vendor is obligated to sell same. The Agreement
includes the following: (a) City's Invitation for Bid designated IFB 11-024, Specification
Number 11-885-00 dated May 2011; (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:
00234996rjkg
(1) This Agreement;
(2) Purchaser'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. Vendor means DPC Industries, 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 full force and effect unless and until it expires by operation of the
term stated herein, or until terminated or extended as provided herein.
B. The term of this Agreement shall be for three (3) consecutive twelve-month
periods from the effective date hereof. After that term, this Agreement may be renewed for
successive terms of twelve (12) months each, not to exceed in the aggregate two (2) such
renewals, with such renewals to occur on or before the expiration date of the preceding term, and
with such renewals being absolutely predicated upon the express written agreement of both
parties. Such renewals are permitted only provided Vendor has performed each and every
contractual obligation specified in this original Agreement.
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. City may permit "unit price"adjustments upwards only as a result of a cost
increase in goods or services in accordance with the Producers Price Index located at
hU://stats.bls.goy/ppi/home.htm. Any price increase shall be requested by Vendor in writing
and accompanied by the appropriate documentation to justify the requested increase. Vendor
may offer price decreases in excess of the allowable percentage change.
D. City reserves the right to review the relationship at any time, and may elect to
terminate this Agreement with or without cause or may elect to continue.
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3.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Vendor as the integrator of choice to supply the goods as outlined in IFB
11-024, Specification Number 11-885-00 dated May 2011, 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
Only the bid item #2 on Exhibit "A," which is specifically indicated as chlorine (150 lb.
cylinders), is awarded to Vendor.
5.01 COSTS
Estimated annual usage quantity is 300 tons, and the unit price is $81.75 per unit. Bid
costs listed on Exhibit"A,"which are specifically relevant to the referenced bid item#2, shall be
the basis of any charges collected by Vendor.
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; and
D. Delivery 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 27 1.101 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
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agree that the City of Round Rock is not an agent of,partner to, or representative of those outside
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
deterrniaW 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. IFB
11-024(including all attachments and exhibits), and its bid response.
14.01 CITY'S REPRESENTATIVE
City hereby designates the following representative(s) authorized to act in its behalf with
regard to this Agreement:
Kim Lutz
Public Works
Operations and Maintenance—WTP
5494 North IH-35
Round Rock, TX 78664
512-341-3333
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 hereunder 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.
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
hereunder;
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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, in the event of
material and substantial breach by City, or by written mutual agreement to terminate.
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.
19.01 COMPLIANCE WITH LAWS,CHARTER AND ORDINANCES
Vendor, its agents, employees and subcontractors shall use best efforts to comply with all
federal and state laws, City's Charter and Ordinances, as amended, and with all applicable rules
and regulations promulgated by local, state and national boards, bureaus and agencies.
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.
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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:
DPC Industries, Inc.
601 West Industrial Boulevard
Cleburne, TX 76031
Notice to City:
Assistant 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
If a dispute or claim arises under this Agreement, the parties agree to first try to resolve
the dispute or claim by appropriate internal means, including referral to each party's senior
management. If the parties cannot reach a mutually satisfactory resolution, then and in that event
any such dispute or claim will be sought to be resolved with the help of a mutually selected
mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a mediator
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and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney
fees, associated with the mediation shall be shared equally by the parties.
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.
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.
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IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
City of Round Rock,Texas DPC Industries,Inc.
By: By:
Printed Name: Printed Name: „ 'nfEi2�sj2�
Title: Title: 5.¢L Es
Date Signed: Date Signed: oq
Attest:
By:
Sara L. White, City Secretary
For City,Approved as to Form:
By:
Stephan L. Sheets, City Attorney
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0 _ 0908 -3
INVITATION FOR BID(IFS)
CITY OF ROUND ROCK PURCHASING OFFICE
221 E.Main Street
Round Rock,Texas 78664-5299
[Water
licitation Information:
Responses are due to the Purchasing Office Treatment Chemicals
at the above address by 3:00 pm,July 19.2011. licitation Number 11-024
ening Date: 07/192011
ening Time: 3:00pm
Show Solicitation opening date&Solicitation number in lower lef sponse Location:
hand comer of sealed response envelope with return address of 221 E.Main Street
responding firm. Council Chambers
Round Rock.TX 78664
Facsimile and e-mail responses shall not be accepted. L
Return signed one original and three copies of response.
Respondent
INVOICE TO: Failure t n a!Vnll disqualify re
CITY OF ROUND ROCK
ACCOUNTS PAYABLE
221 EAST MAIN STREET Auth nature Date
ROUND ROCK,TEXAS 78664-5299 �
nqc�rrz�
Respond F.O.B.Destination,Freight prepaid and allowed unless Print Name
otherwise specified below SALE] QE/�it2fSET/�r1VE P�f,,�q,jA,�
DESTINATION:
SE;1.7 OF SOLICITATION INSTRUCTIONS
TAX ID NO.:CITY OF ROUND ROCK 17 — /4/4?
VARIOUS LOCATIONS LEGAL BUSINESS NAMEDpo Z'JUK T f�lS
ADDRESS�� .3 C L D, G' �(7(, 5
CONTACT: bh✓ID 4 64EIeF /2j>
TELEPHONE NO: 6 a - 7_2 —3 Of`r
BUSINESS ENTITY TYPE:
E-MAIL: /l�,Tj( �� IQ
We I
Bye
�for much hereon affixed,the respondent hereby certifies that neither the respondent nor the entity represented by the respondent,or anyone
ng ntity has violated the antitrust laws of the State,codified 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.
Respondent agrees to comply with all conditions set forth in this solicitation.
BID SHEET
ITEM QUANITY UNIT OF
r CLASS i ITEM DESCRIPTION Eatknotod Annual UNIT PRICE EatlXTENSnSted Annual
ION
Usage MEASURE
Usapa
1 855.00 CHLORINE(TON CYLINDERS) 200
TON �S�? 1 /eJ
2 855-00 CHLORINE(1501b.CYLINDERS) 300 TON
s .z 'V's;
SAMPLE TESTING REQUIRED
3 &%.Do 190 DRY TON
LIQUID ALUMINUM SULFATE
4 &55100 SAMPLE TESTING REQUIRED
LIQUID ALUMINUM SULFATE vd 2%COPPER SULFATE 287 DRY TON
EXHIBIT
"A"
5 85500 HYDROFLUOSIJCICACID23% 11,000 GALLON
6 S5500 SAMPLE TESTING REQUIRED
LIQUID CATIONIC POLYMER(55 GAL DRUMS) 18.000 GALLON
•fi3
7 855-00 POTASSIUM PERMANGANATE-FREE FLOMNG 12,500 LBS t 19
8 855-00 POTASSIUM PERMANGANATE-LIQUID 12,500 LBS /v
SAMPLE TESTING REQUIRED 43
9 855-00 .._ _ _....
BELT PRESS POLYMER(55 GAL.DRUMS) 1,320 GALLON I'
10 85500 LIQUID AMMONIUM SULFATE(LAS) 30,000 GALLON
i t 855.00 LIQUID AMMONIUM SULFATE(LAS)(55 GAL DRUMS) SSD GALLON
GRAND TOTAL ,V
E� -DIL,/ a'O/J DELIVERY IN 37-v
DAYS
® C H�o,e. s-o� oy", D--.AS: 114 DAYS
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 Sade discount is shown on solicitation. A should be deducted and net Ine extensions shown.
Respondents guarerhtees product offered will meal of exceed specifications identified in this Invitation For Bid(IFS).
1.2 Solicitor"shall be subnstted on Solcilation Sheet. Each response shall be placed in a separate envebps completely and property identified. Responses must be in
the Purchasing Department beboe the hour and date specified on the soicita0on.
1.3 Late responses Property identified win be rebased to respondent unopened. Late responses will not be considered.
1.4 Respond F.O.B.destlsetlon,freight prepaid.b allowed unless otherwise specified on tib solicitation. If otherwise.show exact cost to deliver,
1.5 Response short show unit price on quantity and unit of measure spedied,extension and show total. In case of enons in extension.unA prices shat govern. Responses
subject to unlimited Price increase will not be considered.
1.6 Submitted prices shall be hem ler acceptance 30 days from soldWon opening date. "Discount from Lisr responses are not acceptance unless requested. Cash
discount wil not be considered in deteminirg the low response. AN cash discounts offered will be taken If earned.
1.7 Responses short give Tax Identification Number.hurt name and address of respondent Failure to sign will disqualify,response. Person signing response chart show We
and&&0*to bird signatories firm In an agreernert Firm name shoWd appear on each page in the block provided in the upper right comer. Business Entity shall be
one(1)of the folowlrW Individual,Partnership,Sob Proprietorship,EsbWTrust.Corporation,GovemmentaL Non-profit,art 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 carrot be slued or amended after opening time. Any Alterations made before opening time shat be initialed by respondent or an authorized agent No
response can be withdrawn after opening time without approval of the CITY based on a written acceptable reason.
1.9 The City Is exempt from Slate Sales Tax and Federal Excise Tax Do not include tax in response.
1.10 The City reserves the right to accept or mjed all or any part of response,waive minor technieaites and award the response to best serve the Interests of the City.Split
awards may be made at the sob discretion of the City.
1.11 Co silent and continued do responses could cause rejection of responses by the city anNar Investigation for ardiahst violations.
1.12 Telephone,focalie,and elecMonbaty transmitted responses we not acceptable in response b the soiciterm.
1.13 CAUTION:Soliidla0on invitation slows sutfelent time for receipt of Owe preferred mall response. The City shat not be responsible for responses received Late.illegible,
Incomplete.or otherwise nonresponsive.
2. SPECIFICATION:
21 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 We nature and quality will be considered unless adverlxd under the provisions of Section 252.022 of the Texas Local Government Code. If
other inn brand(s)specipad is offered.frustrations 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 furnish brand names.numbers,etc.,as specified in the saldtation.
2.2 AN(tams on this solicitation shall be new.in first dans 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 orad statement or representation contrary b the written specifications of the solicitation.
2.5 Manufacturer's standard wanaMy anal appy unless otherwise staled in the wboiladon.
3. TIE RESPONSES: In case of tie responses.the sword will be made in accordance with Section 271.901 of the Texas Local Government Code.
4. DELIVERY:
4.1 Response shad show minbet Of days rezµafred b place material in CWs designated location order normal conditions. Failure to state delver time obinabs respondent
to ecnuplebe delivery in fourteen(14)calendar days. Unrealistically short or king delivery promises may cause response to be dieregarded. Consi to nt folu. to meet
4.2 If�is lid Hem 0 ,Vendor shall give written ndkepromises without vWid reason may cam Io the�hi�Vudor Int(See 4.2 t to extend
n
City. The City has the Apt b extend delivery date if reasons appear veld. Vendor sunt keep the Cly advised
at all limes Of status of order. Default In Promised delivery(without acceptable reasons)or(allure to meet specifications.outorizes the City to purchase supplies
elsewhere and charge full increase,t any,in cost and handing to debuting Vendor.
4.3 No smbshflu Akin or ancalalbns parmilled without written approval of tib City.
4.4 Delivery shall be made dung normal working hours only.unless prior approval for late delivery has been obtained from the City.unless otherwise specified In the
sdrtdtation.
5. INSPECTION AND TESTS: AN goods will be subject to nspection and test by the City to the extent practicable at all times and pieces. Authorized City personnel shad have
access b any suppter's place of business for this purpose of Inspecting merchandise. Teat may be performed on samples submitted with the response or on samples taken
from regular shipmentsIf to products tested fall to meet or exceed all conditions and requirements of bre specifications.the cost of the sample used and the cost of the
testing short be borne by the supplier. Goods,which have been delivered and rejected in whole or in part,may.at the City's op %be returned to bre Vendor or held for
deposition at Vandoes fbk and eapersa. Latent defects may result n revocation of acceptance.
8. AWARD OF AGREEMENT: A response to a solafation Is an offer to contract with the City based upon the terms,conditions,and specifications contained in the soicitation.
Responses do rot bewol opeona orpurchase orders unless and unci troy aro accepted by the City through its designates and on agreement ora purchase order is
Issued The agreement or purchase order"be governed,construed,and nlupneted under the Charter of the City and the laws of State of Texas. AI agreerrients or
purchase adios are subject to On approval of the City Coundl or Manager.
7. PAYMENT:Vendor shM submit tree(3)copies of an involos showing the agreement or purchase order number on all copies.
e. PATENTS AND COPYRIGHTS: The Respondent agrees b protect the City from clans nv"V iMrngemenb of pow or copyrights
9. RESPONDENT ASSIGNMENTS: Respondent hereto an**b the purdmser any and N ds' ler overcharges associated with this agreement,which arise wider tib
O tbust taws of the State O(Teams.TX,Bus.And Comm Code Ann.Sec.15.01.at seq.(1967).
10. RESPOIDENTAFFRMATIC1:
10.1 Signing the uhapofw win a false sbiw.w t be r "N' breach Of sp>reerfhernt and shat void the Submitted response or any resuitng agreements.and to Respondent
short ba removed tom all Vendor fists. Sy sigraMra hioeorh affbeed.fro respondiort hweby amOn tot
10.2 The fe IF, 11 t huas not ghbn,offered b give,nor ftderwds b tihre any tkrha thereafter any eoxxomdc appcehrothr,future enhpioynwernL 9iR bion tf 1r.R rfboohrht
tip,lava,or S&vte b a pubic bwvant n comedkin wwth the ewbmoNo response.
10.3 The roapisdio lb not otrrentiy delinquent in the payment of any debt owed tib Cly.
10.4 Nether tib f a pe,rhdern1 nor ton him,eoiporaft partnership.or any witty represented by the respondent or anyone acing ler such tum,corporatist or entry has
violated tib ardr st lows of to State eoaW in Section 15.01 at Seq.Texas Business and C immorcial Code.or the Federal Antitrust Laws,nor Oo myfdcsood directly
Or ndireCty the response node b any OarV§MW.or any other Person engaged in such tire of business.
10.5 The respondent has not recelved comps sedon br participation in the pnepio-an r►of tib s1 *1- No ler the solicitation.
11. NOTE TO RESPONDENTS:Any tent and conditions atadoed b response will not be considered unless the respondent speeifiaN raronlinces tbm an tM tiond of the
response lamb. WARNING:Such to., and conditions may result in dbquoilipton of the response(e g.responses with the lows of a stale other than Texas requiwrwts for
prepayment Umlatons an ranbaes.eh:.) The Cly of Round Rode can only socept responses which oonWh 90 tib bums and oandrflonos of Its forernal solicibrion in peftibr,
allnespanda a8frmotefns and ar111 11 rb rust be it luted Submission of nssporhass on(ams cow tun Gut's form may neater[in disqua 4mion of your response.
1Z Rtl Inquiries P W W"b Sotolt M Invitations Root give Soldteton number.codes,and opersrg dale.
4of5
SOLICITATION NUMBER
11-024
SPECIFICATION NUMBER
114111
RESPONDENT'S REFERENCE SHEET DATED:MAY 2011
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER:—�� 0a[�
RESPONDENT'S NAME: laxJ4191
��D DATE: 7- /p-
Provide the name,address,telephone number and point of contact of at least three(3)firms applicable to
Municipal and/or Government projects that have utilized similar service for at least two(2)years.
References may be checked prior to award. Any negative responses received may result in
disqualification of solicitation.
1. Company's Name
Name of Contact
Title of Contact
do AlE-Mail AddressII Asi,✓G 157 g S/,O
Present Address l jC-7.
City,State,Zip Code
Telephone Number 11�(Sja) Fax NumberL�
(Sd�) _ 77
2. Company's Name n
Name of Contact c f T y s f��✓
Title of Contact ^�
E-Mail Address E.G
Present Address LIS,
8
City,State,Zip Code � Sr._ .�� 70/
Telephone Number (sja71/- v a / Fax Number
Cs � R 3F?
3. Company's Name t'4=
Name of Contact 0 A Ttitle of Contact pE-Mail Address a —
Present Address AWS, O & ,
City,State,Zap Code 8 q
Telephone Number s 7
( Fax Number:
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
5Of5
ZROEaXAS
UND ROCK T
AffJ ¢FASS rt Paas
CITY OF ROUND ROCK,TEXAS
INVITATION FOR BID
FOR WATER TREATMENT CHEMICALS
Solicitation No. 11-024 Addendum No. 1 Date of Addendum: May 24, 2011
Please note the questions and answers, revisions or additions to the solicitation referenced above.
1. Q: What additional specifications can the City provide for the Coagulant A ide Polymer?
A: Polydadmac Polymer Is preferred.
2. Q: What additional specifications can the City provide for the Beit Press Polymer?
A: The molecular weight is high.
The bulk density Is 1.02.
The viscosity(cps) Is 1200.
The belt cake is typically 12 to 140/e.
3. Q: Should Polymers be no less than or no more than .35%water soluble iron?
A: Polymers should be no more than.35%water soluble iron.
4. Q: Are vendor site visits permitted to the water treatment plan?
A: No.
5. Q: Which chemicals specified in the bid are not liquids?
A: Potassium Permanganate and Chlorine are not liquids.
Approved by
Joy Baggett,Purchaser
By the signatures affixed below,Addendum No. 1 is hereby incorporated into and made a part of the
above referenced solicitation.
ACKNOWLEDGED
—bid zy'Da—S C "j/' 6)t:2�-'/
Vendor Autfiblfiid Signature Date
RETURN ONE COPY SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH
YOUR SEALED PROPOSAL. FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR
RESPONSE FROM CONSIDERATION FOR AWARD.
JROUND
ROCK TEXAS
PURFM Mort PeosPOM
CITY OF ROUND ROCK,TEXAS
INVITATION FOR BID
FOR WATER TREATMENT CHEMICALS
Solicitation No. 11-024 Addendum No. 2 Date of Addendum: July 12, 2011
Please note the questions and answers,revisions or additions to the solicitation referenced above.
1. Q: How much Chlorine is delivered at a time?
A: A typical delivery of one ton containers is 8 units sometimes 12 units during heavy usage.
The 150 lb.cylinders vary from 4 to 12. Average usage of the 150 Ib.containers Is
approximately 900 ib.per week.
2• 0: The unit of measure for Potassium Permanganate Free Flowing is 55 gallon drums. Will the City
accept a bid and delivery of 55#drums also?
A: Yes. Please clearly Indicate this unit of measure difference In the Response so the City
may easily compare pricing.
3. Q: How much Hydrofluosilicic Acid 23%is delivered at a time?
A: The City usually gets deliveries via truck periodically throughout the year.There are two
delivery locations,one with a 2,500 gallon tank the other has a 2,000 gallon tank.The City
shall coordinate the delivery so that an entire load can be delivered at once.
4. Q: Can the City provide the previous chemical bid tabulations?
A: Yes. Previous tabulations attached.
5. Q: Does this solicitation offer any Interk=l Agreement opportunities?
A: Yes. The City currently participates In Interlocal Purchasing Agreements with the cities of
College Station,Duncanville,Richardson,Hurst,Georgetown,Cedar Park and Fort Worth,
the Village of Salado,the Texas Conference of Urban Counties,Tarrant County,
Williamson County,and the Houston-Galveston Area Council. These agreements permit
participating agencies the option to enter into agreements with the City's winning
Respondents for the specified commodity at the established contract price. Winning
Respondent shad have the option to enter Into said agreement.
Approved by
Joy Saggett,Purchaser
By the signatures affixed below,Addendum No.2 is hereby incorporated into and made a part of the above
referee solicitation.
ACKNOWLEDGED
Vendor ignature Date
RETURN ONE COPY SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH YOUR
SEALED PROPOSAL FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM
CONSIDERATION FOR AWARD.
SOLICITATION NUMBER
11-024
SPECIFICATION NUMBER
11-885-00
DATE: MAY 2011
CITY OF ROUND ROCK
INVITATION FOR BID
FOR
WATER TREATMENT CHEMICALS
PART I
GENERAL
1. PURPOSE:The City of Round Rock,herein after"City',seeks 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 water supply treatment
chemicals for treating potable water supplies located at various locations throughout the City.
2. DEFINITIONS.TERMS AND CONDITIONS: By submitting a response to this solicitation,the
Respondent agrees that the City's standard Definitions,Terms and Conditions shall govern unless
specifically provided for 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 at
http:/Avww.roundrocidexas.gov/homerindex.asp?pgge=462.
3. INSURANCE: The Respondent shall meet or exceed ALL insurance requirements set forth by
the Clty`s Insurance Requirements as identified on the City's website at
hftr):/Avww.roundrocidexas.gov/homerindex asp?page=462.
4. CITY CONTACT FOR SOLICITATION CLARIFICATION:For clarification of specifications,
Respondents may fact
Joy Baggett
Purchaser
Purchasing Division
City of Round Rock
Telephone: 612-218-6682
Ibagaett0round-rock.tx.us
The individual above may be contacted for clarification of the specifications of this solicitation
only.No authority is intended or implied that specifications may be amended or alternates
accepted prior to dosing date without written approval of the Cites Purchasing Department.
Under no circumstances will private meetings be scheduled between Respondents and City staff.
1 of 4
SOLICITATION NUMBER
11-024
SPECIFICATION NUMBER
11-885-00
DATE: MAY 2011
PART II
INSTRUCTIONS
1. SOLICITATION SCHEDULE: It is the City's intention to comply with the following solicitation
timeline:
1.1 Solicitations released May 13,2011
1.2 Chemical Samples Due to City for Testing June 14, 2011
1.3 City Response to Chemical Testing June 28, 2011
1.4 Deadline for questions July 7,2011
1.5 City responses to all questions/addendurns July 12,2011
1.6 Responses due by 3:00 p.m. July 19,2011
All questions regarding the solicitation shall be submitted in writing by 5:00 p.m.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 our webpage,
htto://www.roundrocktexas gov/homerindex asp?page-462 Questions shall be submitted to the
City contact named above.
The City reserves the right to modify these dates. Notice of date change will be posted to the City
website.
2. DUE DATE:Signed and sealed responses are due to the Purchasing Department on the due
date noted above. Mail or carry sealed responses to:
City of Round Rock,Texas
Purchasing Office
221 E.Main Street
Round Rock,Texas 78664-5299
2.1 Responses received after this time and date will not be considered.
2.2 Sealed responses should be clearly marked on the outside of packaging with the
solicitation title,number,due date and"DO NOT OPEN".
2.3 Facsimile or electronically transmitted responses are not acceptable.
2.4 Late submittals will be returned to Respondent unopened if return address is provided.
3. BEST VALUE EVALUATION AND CRITERIA: All responses received shall be evaluated based
on the best value for the City. In determining best value,the City may consider the following:
3.1 Purchase price and terms;
3.2 Reputation of Respondent and of Respondents goods and services;
3.3 The quality of the Respondent's goods and services;
3.4 The extent to which the goods and services meet the City's needs;
3.5 Respondent's past relationship with the City;
3.6 Any relevant criteria specifically listed in the solicitation.
2 of 4
SOLICITATION NUMBER
11-024
SPECIFICATION NUMBER
11-885-00
DATE: MAY 2011
4. QUALIFICATIONS: The opening of a response shall not be construed as the City's acceptance
of such Respondent as qualified and responsive. All Respondents shall:
4.1 Be firms,corporations,individuals or partnerships normally engaged in the sale and
distribution of the specified product or service herein.
4.2 Have adequate organization,facilities,equipment and personnel to ensure prompt and
efficient service to the City.
4.3 Provide references to include the name,address,telephone number,e-mail and point of
contact of at least three entities for which the respondent has preformed similar service
and or utilized the exact technology within the past three years. Negative information
obtained in a reference check may result in Respondent's disqualification.
4.4 Identify any subcontractors to be used for this project. Experience,qualifications and
references of the sub contractors shall be submitted. The City reserves the right to
approve or disapprove any and all subcontractors prior to any work being performed.
PART III
SPECIFICATIONS
1. PURPOSE:The City of Round Rock,herein after"City',seeks 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 water supply treatment
chemicals for treating potable water supplies located at various locations throughout the City.
2. RAW WATER CHARACTERISTICS
Constituent Average Concentration or Range
Hardness 160 to 180 mg/L
Turbidity 1.5 to 4.0 NTU
Alkalinity 165 to 185 mg/L
Temperature 10 to 30 degrees Celsius
pH 7.2 to 7.8
3. CHEMICAL SPECIFICATIONS: All chemicals specified herein shall meet with the intended use,
critical requirements and delivery specifications outlined on ATTACHMENT A,herein made a
part of this solicitation.
4. CHEMICAL TESTING: Sample testing shall be required for Liquid Aluminum Sulfate, Liquid
Aluminum Sulfate with 2%Copper Sulfate,Liquid Cationic Polymer,and Belt Press Polymer prior
to response submission.
4.1 Testing instructions are specified on ATTACHMENT A,herein made a part of this
solicitation.
4.2 Testing results will be provided to Respondents via e-mail no later than June 28,2011.
4.3 Chemical approval notification from the City shall be submitted with response. Failure to
submit samples for testing and/or failure to submit approval documentation from the City
may disqualify a response for consideration for award.
S. 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.
3of4
SOLICITATION NUMBER
11-024
SPECIFICATION NUMBER
11-885-00
DATE: MAY 2011
6. AGREEMENT:The term of the Agreement resulting from the solicitation may be for three(3)
consecutive twelve-month(12)periods of time from the effective date and shall remain in full
force and effect unless and until it expires by operation of the term stated or until terminated or
extended as provided herein. The City reserves the right to:
6.1 Renew the Agreement for two(2)additional periods of time not to exceed twelve(12)
months for each renewal provided bother parties agree.
6.2 Review the following at the end of each twelve-month review period:
6.2.1 Vendor performance
6.2.2 Price
6.2.3 Continuing need
6.2.4 Advancements in technologies and or service
6.3 The City may terminate the Agreement with or without cause or may continue through the
next renewal period.
6.4 Split awards may be made at the sole discretion of the City.
7. SUBMISSION REQUIREMENTS: Respondents shall submit one(1)executed(signed)
original and two(2)copies of each response. Completed documentation shall include:
7.1 Itemized,Signed Bid Sheet
7.2 Three client references that utilize like products or services. References to include
Business Name,Contact Name,Address,Telephone,and e-mail. Failure to provide
reference information may result in disqualification. A reference form is contained as a
part of this submittal package.
7.3 Chemical test approval notification from the City.
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 products
or services needed to satisfy operating requirements within budgetary constraints,which may be
more or less than indicated.
9. ACCEPTANCE: The quality and installation of material shall be to the satisfaction of the Project
Administrator. Acceptance inspection should not take more than five(5)working days. The
successful Respondent will be notified within this time frame if the materials delivered are not in
full compliance with the specifications. If any purchase order is canceled for non-acceptance,the
needed items may be purchased elsewhere and the successful Respondent may be charged the
full increase,if any,in material cost and handling.
10. DAMAGE: The successful Respondent shall be responsible for damage to the City's equipment,
property and environment,the workplace and its contents by its work,negligence in work, its
personnel and equipment.
4 of 4
Solicitation#11-024
ATTACHMENT A
CHLORINE
1. All chlorine delivered shall:
1.1. Be littered with a media removing eighteen to twenty microns prior to filling any container for
delivery to the City of Round Rock
1.2. Be 99.5 percent pure by volume.
1.3. Contain no soluble mineral or organic substances in quantities producing deleterious or injurious
effects on the health of persons consuming water that has been treated properly with liquid chlorine.
1.4. Not to exceed 150 parts per million(ppm)moisture by weight.
1.5. Not to exceed 10 ppm lead, 1 ppm mercury,3 ppm arsenic or 30 ppm of the sum of all heavy
metals.
I.S. Be in conformance with all applicable federal,state and local laws.
1.7. Have a certified weight ticket.
1.8. Be in dean,properly identified and labeled vehicles used only for the transport and delivery of
chlorine.
1.9. Use City owned equipment(e.g.;hoist apparatus,hand truck,etc.)
1.10. Be delivered to:
Water Plant
5494 N.IH 35
Round Rock,Texas 78681
And
Lake Creek Well Site
501 S.Mays
Round Rock,Texas 78664
And
Westinghouse Well Site
IH 35 and Westinghouse Road
Round Rock,Texas 78664
2. All containers shall:
2.1. Meet all applicable Department of Transportation and Chlorine Institute,Inc.standards.
2.2. Open with reasonable ease,using a wrench not greater than sok inches in length.
2.3. Have a new or rebuilt valve installed prior to delivery.
2.4. Be visually inspected,vacuumed,exterior repainted,and leak tested prior to delivery.
2.6. Successfully pass hydrostatic testing at least every five years.
2.6. Have container number and tare weight dearly visible and legible.
3. The successful Respondent shall maintain a twenty-four (24) hour emergency service for liquid chlorine
emergencies that includes,at a minimum,the following:
3.1. Trained and certified personnel in hazardous materials response that shall be on-site within two(2)
hours of emergency notification from the City.
3.2. AN necessary equipment and apparatus for managing and remediating any emergency leak or
release of chlorine from Respondent supplied cylinders or containers.
3.3. Procedures for the removal and disposal of defective or leaking cylinders or containers.
LIQUID ALUMINUM SULFATE
1. All Liquid Aluminum Sulfate delivered shall:
1.1. Contain no less than 8 percent water-soluble aluminum oxide.
1.2. Contain no less than.35 percent water soluble iron.
1.3. Be free of insoluble and suspended matter, including but not limited to:chips,dirt,grit and all other
foreign matter.
1.4. Possess adequate clarity for the easy reading of measuring devices.
1.5. Be in conformance with all applicable federal,state and local laws.
1.6. Have a certified weight ticket.
1.7. Be in dean,properly identified and labeled trucks used only for the transport and delivery of liquid
aluminum sulfate.
1.8. Be delivered into four 10,000-gallon bulk storage tanks through a standard 2-inch female quick
conned
1.9. Be delivered to:
Water Plant
5494 N.IN 35
Round Rock,Texas 78681
2. Special Requirements
2.1. Respondents wishing to submit bids for Liquid Aluminum Sulfate shall obtain product(s)approval
from the City prior to submitting a bid.
2.2. Respondents shall ship,at their own expense,a sample of the product to be bid to:
Kim Lutz
2008 Enterprise Dr.
Round Rock,TX 78664
2.3. The quantity of the sample product must be at least five(5)gallons and must be received at the
above address no later than 4:00 p.m.,on June 14,2011. Results will be provided via-e-mail by
June 28,2011.
LIQUID ALUMINUM SULFATE WITH 2°/6 COPPER SULFATE
1. All Liquid Aluminum Sulfate delivered shall:
1.1. Contain no less than 8 percent water-soluble aluminum oxide.
1.2. Contain no less than.35 percent water soluble iron.
1.3. Be free of insoluble and suspended matter,including but not limited to:chips,dirt,grit and all other
foreign matter.
1.4. Possess adequate clarity for the easy reading of measuring devices.
1.6. Be delivered in conformance with all applicable federal,state and local laws.
1.6. Have a certified weight ticket.
1.7. Be in a dean,properly identified and labeled trucks used only for the transport and delivery of liquid
aluminum sulfate.
1.8. Be delivered into four 10,000-gallon bulk storage tanks through a standard 24nch female quick
camecL
1.9. Be delivered to:
Water Plant
5494 N.IN 35
2of6
Round Rock,Texas 78681
2. Special Requirements
2.1. Respondents wishing to submit bids for Liquid Aluminum Sulfate shall obtain product approval from
the City prior to submitting a bid.
2.2. Respondents shall ship,at their own expense,a sample of the product to be bid to:
Kim Lutz
2008 Enterprise Dr.
Round Rock,TX 78664
2.3. The quantity of the sample product must be at least five(5)gallons and must be received at the
above address no later than 4:00 p.m.,on June 14,2011. Results will be provided via-e-mail by
June 28,2011.
HYDROFLUOSILICIC ACID 23%
1. All Hydrofluosilicic Acid delivered shall:
1.1. Be free of insoluble and suspended matter,including but not limited to:chips,dirt,grit and all other
foreign matter.
1.2. Contain between 20%and 30%Hydrofluosilidc Acid.
1.3. Maximum dosage of 1.2 mg1L fluoride ion.
1.4. Be delivered in conformance with all applicable federal,state and local laws.
1.5. Have a certified weight ticket.
1.6. Be in a dean,properly identified and labeled trucks used only for the transport and delivery of
hydrofluosilicic add.
1.7. Be delivered into a bulk storage tank through a standard 24nch female quick conned.
1.8. Be delivered to:
Water Plant
5494 N.IH 35
Round Rock,Texas 78681
And
Lake Creek Well Site
501 S.Mays
Round Rock,Texas 78664
2. The successful Respondent shall maintain a twenty-four(24)hour emergency service for hydrofluosilidc add
emergencies that includes,at a minimum,the following:
2.1. Trained and certified personnel in hazardous materials response that shall be on-site within two(2)
hours of emergency notification from the City.
2.2. All necessary equipment and apparatus for managing and remediating an emergency leak or
release of hydrofluosilidc add.
COAGULANT AID(LIQUID CATIONIC POLYMER)
NOTE: Because the quality of the City's raw water changes periodically,the City is interested in receiving bids for
various weights of polymer. Data characterizing the raw water quality is included in Part 111,Para.No.8 for use in
3 of 6
product selection. Respondents may also submit polymer blends. The following specifications apply to all coagulant
aids:
1. All Liquid Cationic Polymer shall:
1.1. Have a high molecular weight.
1.2. Be cationic.
1.3. Be a liquid that is readily soluble in water at all concentrations.
1.4. Be effective over a pH range of 5.0 to 7.0 Standard Units.
I.S. Be effective over a temperature range from five degrees Celsius to 30 degrees Celsius.
1.6. Be resistant to chlorine.
1.7. Contain no less than.35 percent water soluble iron.
1.8. Be free of insoluble and suspended matter,including but not limited to:chips,dirt,grit and all other
foreign matter.
1.9. Possess adequate clarity for the easy reading of measuring devices.
1.10. Be delivered in conformance with all applicable federal,state and local laws.
1.11. Have a certified weight ticket.
1.12. Be in dean,properly identified and labeled fifty-five gallon drums.
1.13. Delivered to:
Water Plant
5494 N.IH 35
Round Rock,Texas 78681
2. Special Requirements
2.1. Respondents wishing to submit bids for Liquid Cationic Polymer shall obtain product approval from
the City prior to submitting a bid.
2.2. Respondents shall ship,at their own expense,a sample of the product to be bid to:
Kim Lutz
2008 Enterprise Dr.
Round Rock,TX 78664
2.3. The quantity of the sample product must be at least five(5)gallons and must be received at the
above address no later than 4:00 p.m.,on June 14,2011. Results will be provided via-e-mail by
June 28,2011.
POTASSIUM PERMANGANATE—FREE FLOWING
1. All Potassium Permanganate delivered shall:
2.1. Contain 97%granular crystalline potassium permanganate.
2.2. Contain less than 500 mg/kg chromium.
2.3. Contain less than 100 mg/kg cadmium.
2.4. Be non-dumping and free flowing with a pour test index of greater than 0.7.
2.5. Be delivered in conformance with all applicable federal,state and local laws.
2.6. Have a certified weight ticket.
2.7. Be in dean,properly identified and labeled fifty-five(55)gallon drums or bulk containers.
2.8. Be delivered to
Water Plant
5494 N.IH 35
Round Rock,Texas 78681
4of6
3. The successful Respondent shall maintain a twenty-four (24) hour emergency service for Potassium
Permanganate emergencies that includes,at a minimum,the following:
3.1. Trained and certified personnel in hazardous materials response that shall be on-site within two(2)
hours of emergency notification from the City.
3.2. All necessary equipment and apparatus for managing and remediating an emergency leak or
release of potassium permanganate.
3.3. Procedures for the removal and disposal of defective or leaking drums or containers.
BELT PRESS POLYMER
1. All Belt Press Polymer delivered shall:
1.1. Have a high molecular weight.
1.2. Have a broad cationic charge.
1.3. Be a liquid that is readily soluble in water at all concentrations.
1.4. Be effective over a pH range of 5.0 to 7.0 Standard Units.
1.5. Be effective over a temperature range from five degrees Celsius to 30 degrees Celsius.
1.6. Contain no less than.35 percent water soluble iron.
1.7. Be free of insoluble and suspended matter,including but not limited to:chips,dirt,grit and all other
foreign matter.
1.8. Possess adequate clarity for the easy reading of measuring devices.
1.9. Achieve a belt filter cake that is at least 93%solids at optimum dosing rates.
1.10. Be delivered in conformance with all applicable federal,state and local laws.
1.11. Have a certified weight ticket.
1.12. Be in dean,properly identified and labeled fifty-five gallon drums.
1.13. Be delivered to:
Water Plant
5494 N.IH 35
Round Rock,Texas 78681
2. Special Requirements
2.1. Respondents wishing to submit bids for Belt Press Polymer shall obtain product approval from the
City prior to submitting a bid.
2.2. Respondents must ship,at their own expense,a sample of the product to be bid to:
Mm Lutz
2008 Enterprise Dr.
Round Rock,TX 78664
2.3. The quantity of the sample product must be at least five(5)gallons and must be received at the
above address no later than 4:00 p.m.,on June 14,2011. Results will be provided via-e-mail by
June 28,2011.
LIQUID AMMONIUM SULFATE(LAS)
1. All Liquid Ammonium Sulfate delivered shall:
1.1 Contain no soluble mineral or organic substances in quantities producing deleterious or injurious
effects on the health of persons consuming water that has been treated properly with chlorine.
1.2 Contain 10%ammonia(NH3)..
1.3 Be completely soluble in water.
1.4 Be delivered in conformance with all applicable federal,state and local laws.
1.5 Have a certified weight ticket.
5 of 6
1.6 Be in clean,properly identified and labeled vehicles used only for the transport and delivery of liquid
ammonium sulfate.
1.7 Be delivered into a bulk storage tank through a standard 2-inch female quick connect and 55 gallon
drums.
1.8 Be delivered to the
Water Plant
6494 N.IH 35
Round Rock,Texas 78681
And
Lake Creek Well Site
501 S.Mays
Round Rock,Texas 78664
And
Westinghouse Well Site
IH 35 and Westinghouse Road
Round Rock,Texas 78664
2. The successful Respondent shall maintain a local twenty-four(24)hour emergency service for liquid
ammonium sulfate emergencies that includes,at a minimum,the following:
2.1 Trained and certified personnel in hazardous materials response that shall be on-site within two(2)
hours of emergency notification from the City.
2.2 All necessary equipment and apparatus for managing and remediating an emergency leak or
release of liquid ammonium sulfate.
6 of 6
ATTACHMENT A
CITY OF ROUND ROCK
INSURANCE REQUIREMENTS
1. INSURANCE:The Vendor shall procure and maintain at its sole cost and expense forth duration
of the contract or purchase osier resulting from a response to this bid/Specification insurance
against claims for iniunes to Demons or damages to proper which may arise from or in
connection with the performance of the work as a result of this bid by the successful bidder,its
agents,representatives volunteers employees or subcontractors
1.1. Certificates of Insurance and endorsements shall be furnished to the City and approved
by the City before work commences.
1.2. The following standard insurance policies shall be required:
1.2.1. General Liability Policy
1.2.2. Automobile Liability Policy
1.2.3. Worker's Compensation Policy
1.3. The following general requirements are applicable to all policies:
1.3.1. Only insurance companies licensed and admitted to do business in the State of
Texas shall be accepted.
1.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable
only on a per occurrence basis for property damage only.
1.3.3. Claims made policies shall not be accepted,except for Professional Liability
Insurance.
1.3.4. Upon request,certified copies of all insurance policies shall be furnished to the
City
1.3.5. Policies shall include,but not be limited to,the following minimum limits:
1.3.5.1. Minimum Bodily Injury Limits of$300,000.00 per occurrence.
1.3.5.2. Property Damage Insurance with minimum limits of$50,000.00 for
each occurrence.
1.3.5.3. Automobile Liability Insurance for all owned,non-owned,and hired
vehicles with minimum limits for Bodily Injury of$100,000.00 each
person,and$300,000.00 for each occurrence,and Property
Damage Minimum limits of$50,000.00 for each occurrence.
1.3.5.4. Statutory Worker's Compensation Insurance and minimum
$100,000.00 Employers Liability Insurance.
1.3.6. Coverage shall be maintained for two years minimum after the termination of the
Contract.
1.4. The City shall be entitled,upon request,and without expense to receive copies of
insurance policies and all endorsements thereto and may make reasonable request for
deletion,revision,or modification of particular policy terms,conditions,limitations,or
exclusions(except where policy provisions are established by law or regulation binding
either of the parties hereto or the underwriter of any of such policies). Upon such request
by the City,the Vendor shall exercise reasonable efforts to accomplish such changes in
policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the
requirements of the bid specification and the Insurance endorsements stated below.
1.5. Vendor agrees that with respect to the required insurance,all insurance contracts and
certificate(s)of insurance will contain and state,in writing,on the certificate or its
attachment,the following provisions:
1.5.1. Provide for an additional insurance endorsement clause declaring the Vendor's
insurance as primary.
1.5.2. Name the City and its officers,employees,and elected officials as additional
insured's,(as the interest of each insured may appear)as to all applicable
coverage.
1.5.3. Provide thirty days notice to the City of cancellation,non-renewal,or material
changes
1.5.4. Remove all language on the certificate of insurance indicating:
1.5.4.1. That the insurance company or agent/broker shall endeavor to notify
the City;and,
1.5.4.2. Failure to do so shall impose no obligation of liability of any kind
upon the company,its agents,or representatives.
1.5.5. Provide for notice to the City at the addresses listed below by registered mail:
1.5.6. Vendor agrees to waive subrogation against the City,its officers,employees,
and elected officials for injuries,including death,property damage,or any other
loss to the extent same may be covered by the proceeds of insurance.
1.5.7. Provide that all provisions of this contract concerning liability,duty,and standard
of care together with the indemnification provision,shall be underwritten by
contractual liability coverage sufficient to include such obligations within
applicable policies.
1.5.8. All copies of the Certificate of Insurance shall reference the project name,bid
number or purchase order number for which the insurance is being supplied.
1.5.9. Vendor shall notify the City in the event of any change in coverage and shall
give such notices not less than thirty days prior notice to the change,which
notice shall be accomplished by a replacement Certificate of Insurance.
1.5.10. All notices shall be mailed to the City at the following addresses:
Assistant City Manager City Attorney
City of Round Rock City of Round Rock
221 East Main 309 East Main
Round Rock,TX 78664-5299 Round Rock,TX 78664
6. WORKERS COMPENSATION INSURANCE
6.1. Texas Labor Code,Section 406.098 requires workers'compensation insurance coverage
for all persons providing services on building or construction projects for a governmental
entity.
6.1.1. Certificate of coverage("certificate')-A copy of a certificate of insurance,a certificate of
authority to self-insure issued by the Texas Workers'Compensation
Commission,or a coverage agreement(TWCC-81,TWCC-82,TWCC-83,or
TWCC-84),showing statutory workers'compensation insurance coverage for
the person's or entity's employees providing services on a project,for the
duration of the project.
6.1.2. Duration of the project-includes the time from the beginning of the work on the
project until the CONTRACTOR'S/person's work on the project has been
completed and accepted by the OWNER.
6.2. Persons providing services on the project("subcontractor)in Section 406.096-includes
all persons or entities performing all or part of the services the CONTRACTOR has
undertaken to perform on the project,regardless of whether that person contracted
directly with the CONTRACTOR and regardless of whether that person has employees.
This includes,without limitation,independent contractors,subcontractors,leasing
companies,motor carriers,owner-operators,employees of any such entity,or employees
of any entity,which furnishes persons to provide services on the project 'Services'
include,without limitation,providing,hauling,or delivering equipment or materials,or
providing labor,transportation,or other service related to a project. 'Services•does not
include activities unrelated to the project,such as food/beverage vendors,office supply
deliveries,and delivery of portable toilets.
6.3. The CONTRACTOR shall provide coverage,based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements,that meets the
statutory requirements of Texas Labor Code,Section 401.011(44)for all employees of the
CONTRACTOR providing services on the project,for the duration of the project.
6.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being
awarded the contract.
6.5. If the coverage period shown on the CONTRACTOR'S current certificate of coverage
ends during the duration of the project,the CONTRACTOR must,prior to the end of the
coverage period,file a new certificate of coverage with the OWNER showing that
coverage has been extended.
6.6. The CONTRACTOR shall obtain from each person providing services on a project,and
provide to the OWNER:
6.6.1. a certificate of coverage,prior to that person beginning work on the project,so
the OWNER will have on file certificates of coverage showing coverage for all
persons providing services on the project;and
6.6.2. no later than seven calendar days after receipt by the CONTRACTOR,a new
certificate of coverage showing extension of coverage,if the coverage period
shown on the current certificate of coverage ends during the duration of the
project.
6.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
6.8. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal
delivery,within 10 calendar days after the CONTRACTOR knew or should have known,
or any change that materially affects the provision of coverage of any person providing
services on the project.
6.9. The CONTRACTOR shall post on each project site a notice,in the text,form and manner
prescribed by the Texas Workers'Compensation Commission,informing all persons
providing services on the project that they are required to be covered,and stating how a
person may verify coverage and report lack of coverage.
6.10. The CONTRACTOR shall contractually require each person with whom it contracts to
provide services on a project,to:
6.10.1. provide coverage,based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements,that meets the statutory
requirements of Texas Labor Code,Section 401.011(44)for all its employees
providing services on the project,for the duration of the project;
6.10.2. provide to the CONTRACTOR,prior to that person beginning work on the
project,a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on a project,for the duration of the
project;
6.10.3. provide the CONTRACTOR,prior to the end of the coverage period,a new
certificate of coverage showing extension of coverage,if the coverage period
shown on the current certificate of coverage ends during the duration of the
project;
6.10.3.1. obtain from each other person with whom it contracts,and provide to
the CONTRACTOR:
6.10.3.1.1. a certificate of coverage,prior to the other person
beginning work on the project;and
6.10.3.1.2. a new certificate of coverage showing extension of
coverage,prior to the end of the coverage period,if
the coverage period shown on the current certificate
of coverage ends during the duration of the project
6.10.3.2. retain all required certificates of coverage on file for the duration of
the project and for one year thereafter,
6.10.3.3. notify the OWNER in writing by certified mail or personal delivery,
within 10 calendar days after the person knew or should have
known,of any change that materially affects the provision of
coverage of any person providing services on the project;and
6.10.3.4. contractually require each person with whom it contracts,to perform
as required by paragraphs(A thru G),with the certificates of
coverage to be provided to the person for whom they are providing
services.
6.10.3.5. By signing the solicitation associated with this specification,or
providing,or causing to be provided a certificate of coverage,the
Contractor is representing to the Owner that all employees of the
Contractor who will provide services on the project will be covered
by workers'compensation coverage for the duration of the project,
that the coverage will be based on proper reporting of classification
codes and payroll amounts,and that all coverage agreements will
be filed with the appropriate insurance carrier or,in the case of a
self-insured,with the Commission's Division of Self-Insurance
Regulation. Providing false or misleading information may subject
the Contractor to administrative penalties,criminal penalties,civil
penalties,or other civil actions.
6.10.3.6. The Contractor's failure to comply with any of these provisions is a
breach of contract by the Contractor that entitles the Owner to
declare the contract void if the Contractor does not remedy the
breach within ten calendar days after receipt of notice of breach
from the owner.
jPR=! D7R0CKTM Ci Council A enda Summar Sheet
PASSION.PROSPEM
Agenda Item No. *11E11.
Consider a resolution authorizing the Mayor to execute an agreement for the purchase of
Agenda Caption: Chlorine(150 pound cylinders)from DPC Industries, Inc.
Meeting Date: December 15,2011
Department: Utilities and Environmental Services
Staff Person making presentation: Michael Thane, P.E.
Utilities Director
Item Summary:
On July 19, 2011, the City solicited bids for the purchase of eleven water treatment chemicals. Two bids were
received for 150 pound chlorine cylinders. DPC Services, Inc. was the low bidder. 150 pound chlorine cylinders are
used to disinfect ground water.
Cost: $24,525
Source of Funds: Utility Fund
Date of Public Hearing(if required): N/A
Recommended Action: Approval
EXECUTED
DOCUMENT
FOLLOW
S
CITY OF ROUND ROCK AGREEMENT
FOR PURCHASE OF WATER TREATMENT CHEMICALS
CHLORINE (150 LB. CYLINDERS) FROM
DPC INDUSTRIES,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 chlorine (150 lb. cylinders), 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 � ��', 2011, 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 DPC INDUSTRIES, INC., whose
offices are located at 601 West Industrial Boulevard, Cleburne, Texas 76031, 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 chlorine (150 lb. cylinders), 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 Vendor is obligated to sell same. The Agreement
includes the following: (a) City's Invitation for Bid designated IFB 11-024, Specification
Number 11-885-00 dated May 2011; (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:
00234996/jkg
Re It-(Zz lq- lll� l
(1) This Agreement;
(2) Purchaser'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. Vendor means DPC Industries, 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 full force and effect unless and until it expires by operation of the
term stated herein, or until terminated or extended as provided herein.
B. The term of this Agreement shall be for three (3) consecutive twelve-month
periods from the effective date hereof. After that term, this Agreement may be renewed for
successive terms of twelve (12) months each, not to exceed in the aggregate two (2) such
renewals, with such renewals to occur on or before the expiration date of the preceding term, and
with such renewals being absolutely predicated upon the express written agreement of both
parties. Such renewals are permitted only provided Vendor has performed each and every
contractual obligation specified in this original Agreement.
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. City may permit "unit price" adjustments upwards only as a result of a cost
increase in goods or services in accordance with the Producers Price Index located at
httn:Hstats.bls.goy/ppi/home htm. Any price increase shall be requested by Vendor in writing
and accompanied by the appropriate documentation to justify the requested increase. Vendor
may offer price decreases in excess of the allowable percentage change.
D. City reserves the right to review the relationship at any time, and may elect to
terminate this Agreement with or without cause or may elect to continue.
2
3.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Vendor as the integrator of choice to supply the goods as outlined in IFB
11-024, Specification Number 11-885-00 dated May 2011, 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
Only the bid item #2 on Exhibit "A," which is specifically indicated as chlorine (150 lb.
cylinders), is awarded to Vendor.
5.01 COSTS
Estimated annual usage quantity is 300 tons, and the unit price is $81.75 per unit. Bid
costs listed on Exhibit"A,"which are specifically relevant to the referenced bid item#2, shall be
the basis of any charges collected by Vendor.
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; and
D. Delivery 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 27 1.101 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
3
agree that the City of Round Rock is not an agent of,partner to, or representative of those outside
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.
4
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. IFB
11-024 (including all attachments and exhibits), and its bid response.
14.01 CITY'S REPRESENTATIVE
City hereby designates the following representative(s) authorized to act in its behalf with
regard to this Agreement:
Kim Lutz
Public Works
Operations and Maintenance—WTP
5494 North IH-35
Round Rock, TX 78664
512-341-3333
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 hereunder 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.
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
hereunder;
5
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, in the event of
material and substantial breach by City, or by written mutual agreement to terminate.
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.
19.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
Vendor, its agents, employees and subcontractors shall use best efforts to comply with all
federal and state laws, City's Charter and Ordinances, as amended, and with all applicable rules
and regulations promulgated by local, state and national boards, bureaus and agencies.
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.
6
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:
DPC Industries, Inc.
601 West Industrial Boulevard
Cleburne, TX 76031
Notice to City:
Assistant 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
If a dispute or claim arises under this Agreement, the parties agree to first try to resolve
the dispute or claim by appropriate internal means, including referral to each party's senior
management. If the parties cannot reach a mutually satisfactory resolution, then and in that event
any such dispute or claim will be sought to be resolved with the help of a mutually selected
mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a mediator
7
and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney
fees, associated with the mediation shall be shared equally by the parties.
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.
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.
8
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
City of Rou R'occk,,Tex s DPC Indust ' ,Inc.
By: I By:
Printed Name: PrinA Nazne:
Title: _ Title: _ SALES
Date Signed: Date Signed: .
Attest:
By:
Sara L. White,City Secretary
For City,Approved as to Form:
By:
Stepharf L. Sheets, City Attorney
9
C1 10908 .3
INVITATION FOR BID(IFB)
CITY OF ROUND ROCK PURCHASING OFFICE
221 E.Maln Street
Round Rock,Texas 78664-5299
Solicitation information:
Responses are due to the Purchasing Office Water Treatment Chemicals
at the above address by 3:00 pm,-July 19,2011. Solicitation Number 11-024
Opening Date: 07/1942011
Opening Time: 3:00pm
Show solicitation opening date S solicitation number in lower left Response Location:
hand comer of sealed response envelope with return address of 221 E.Main Street
responding firm. Council Chambers
Round Rock,TX 78664
Facsimile and e-mail responses shall not be accepted. Return signed one original and three copies of response.
INVOICE TO: Respondent ' n c
CITY OF ROUND ROCK Failure t n on all disqualify re o
ACCOUNTS PAYABLE
221 EAST MAIN STREET Auth nature
ROUND ROCK,TEXAS 78664-5299 Date
Respond F.O.B.Destination,Freight prepaid and allowed unlessPrint Name
otherwise specified below SAL-El
DESTINATISEE 1.7 OF SOLICITATION INSTRUCTIONS
ON:
CITY OF ROUND ROCK TAX ID NO.: —
VARIOUS LOCATIONS LEGAL BUSINESS NAMEj)o0 `Z O
.z'•�/ak refs ,I.✓c
ADDRESS;G jD/ • SAJD
CONTACT: 79'703
Uo.✓lITS 444 no Q�
TELEPHONE NO: a - 7.2
BUSINESS ENTITY TYPE: �/ #40Ap T O j
E-MAIL: DdAtLrO(e4'
By the signature hereon affixed,the y p r a�
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 the State,codified 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.
Respondent agrees to comply with all conditions set forth in this Solicitation.
BID SHEET
MLIQUIDALUMIN
nnual
QUANITY EXTENSION
DESCRIPTION Estimated Annual UNIT OF UNIT PRICE Estimated IONUsage MEASUREUsage
HLORINE(TON CYLINDERS) 200 TONLORINE(150lb.CYLINDERS) 300 TON41
MPLE TESTING REQUIREDUID ALUMINUM SULFATE 190 DRYTON
MPLE TESTING REQUIRED
UIDALUMIN M SULFATE w/2%COPPER SULFATE 287 DRY TON / 1
EXHIBIT
"An
5 855.00 HYDROFLUOSIXIC ACID 23%
11.000 GALLON
6 855.00
8AMPLE TESTING REQUIRED
_..... __....
LIQUID CATIONIC POLYMER(55 GAL.DRUMS) 18.000 GALLON -7
7 855.00 POTASSIUM PERMANGANATE-FREE FLOWING
12500 LBS
8 855-00 POTASSIUM PERMANGANATE-LIQUID 12 500 /��/!3
LBS A/
SAMPLE L
!AMPLE TESTING REQUIRED
8 855-00 --...._.______.__..........._
BELT PRESS POLYMER(55 GAL.DRUMS) 1,320 GALLON
10 85500 LIQUID AMMONIUM SULFATE(LAS)
30,ODO GALLON
11 855-00 LIQUID AMMONIUM SULFATE(LAS)(55 GAL.DRUMS) 550
GALLON
GRAND TOTAL
- l4 Lop jvF /0/, DELIVERY IN3 Tps DAYS
l� tJAys
SOLICITATION INSTRUCTIONS
ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF SOLICITATION
I. SOLICITATION REQUINTS: ANY EXCEPTIONS THERETO MUST BE IN WRITING
REAAE
1.1 Responding requires pricing per unit shown and extensions. If trade discount Is shown on solicitation. 4 should be deducted and net line extensions shown.
1.2 ResporWarb ons guwOntfts hall be submittedproduct
Soled will meat or exoew
Sheet Each specifications identified in Oft Invitation For Bid(IFS).
the Purchasing Department before the hour snd date aftci Placed n a separate envelope Completely and properly identified. Responses must be n
1.3 Lab responses properly identified will be returned to espondent the son.
1.4 Respond F.O.S.destination.freight,prepaid,&allowed unless otherwise specified on the solicitation, if' tate will not °oncost1.5 Response shag show unit price on quantity
and unit of measureow total.specified,extensions and shIn Caseotherwise,errors In extensionto deliver.
,tai
subject to unknited price Increase will not be considered. prices shag govern. Responses
1.8 Submitted Prices shall be form for acceptance 30 days from sokitation opening date. "Discount from l fit"responses are not acceptance unless re
discount will not be considered in detemmirng the low response. AN cash discounts offered will be taken if earned. quested. Cash
1.7 Responses shall give Tax Identification Number,fug name and address of respondent Faikore to atgn will disqualify response. Person signing response shag show title
and Oft(lout oto tend signatories firm in an agreement. Fkrn name should appear an each page in the block provided in the upper right comer. Business Entity snap be
name and he llb shown on Social Partners*Sole PmPrietorehip'urity Card. SOLE Estate/Trust,Corporation.Govemmenta1.Non-profit,all others shall be specified. INDMOUAIL
List
OTHERS:List legal name of entity and Tax Identification Number(TIPROPRIETORSHIP:Leat legal name followed by legal business name and Social Security Number. ALL
1.8 Responses Cannot be Offered or amended after time. Any Alterations made before opening time shag be initialed by respondent of an authorized agent. No
response can be withdrawn alter dawithout approval of the CITY based on a written acceptable reason.
1.9 The City le 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 ire sole discretion or the City.
1.11 Consistent and continued be responses could cause rejection of responses by the Coy and/or investigation for antitrust violations.
1.12
elephone,facsimile.and electronically transmitted responses are not acceptable In response to the solicitation.
1.13 CAUTION:Solicitation Invitation allows sufficient tine for receipt of the preferred mail response. The City shall not be responsible for responses received late,ftible,
Incomplete,or otherwise non-responsive.
2. SPECIFICATION:
2.1 Any catalog.brand name or manufacturers reference used In the soRccitation is desor pbve only pot restrictive),and is used to indicate type and quality desired.
Responses on brands of site nature and quality wig be considered unless advertised under the provisions of Section 252.022 of the Texas Local Government Code. if
other that brand(s)specified is offered,ilushitiom and complete desWpfbns of product offered are requested to be made a part of the response. If respondent takes
no exaeptons to spedgcatona or reference data In response,respondent will be required to funash brand names,numbers,etc..as specified in the soli boon.
2.2 AN Nam on the solicitation$hal be new,in frost class condition,Including containers suitable for shipment and storage,unless otherwise indicated in the solicitation.
Verbal agreements to the Contrary wig 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 aflach to response.
2.4 The City wig not be bound by any oral statement or representation contrary to the written specifications of the solicitation.
2.5 Manufacturer's standard warranty shag appy 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 shell show number of days required to place material In Chys 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 Net.(See 4.2 following.)
4.2 It delay ls foreseen.Vendor shag give written notice to the City. The Cily has the right b extend delivery date if reasons appear valid. Vendor shag keep the City advised
at all times of status of order. Default in promised delivery(wtth0ut acceptable reasons)or failure to meet specifications,authorizes the City to purchase supplies
elsewhere and charge fug Increase,If any,in cost and handling to defaubV Vendor.
4.3 No substitutions or cancellations permitted without written approval of the City.
4.4 Delivery shag 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: AN goods w8 be subject to Inspection and test by the City to the extent practicable at all times and places. Authorized City personnel shell have
tom as to any sWoWs place of business for the purpose of ni
spec ng merchandise. Tests may be performed on samples submitted with the response or on samples taken
regi . if the products tested fall to meet or exceed all Conditions and requirements of the specifications.the cost of the sample used and the cost of en
testing shag be borne by the supplier. Goods,which have been delivered and rejected n whole or n part,may,at the City s option.be returned to the not thedor co held for
he
disposition at Vendors risk and expense. Latent defects may result 1n revocation of acceptance.
8. AWARD OF AGREEMENT: A response to a 801618110n is an offer to contract with the City based upon the terms,conditions,and specifications contained In the sdkttalion.
Resporhses do not become agreements or Purchase orders unless and until they are accepted by the City through its designates and an agreement or a purchase order is
issued- The agreement Or Phrdmw order shag be governed.construed,and interpreted under the Charter of the City and the laws of State of Taxes. Al
Purchase orders are subject to the approval of the City Council or Manager. ffi Or
7. PAYMENT: Vendor shag submit three(3)copies of an invoice stowing 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 of agreement,which arise under the
arftuatlaws of the Stele Of Texas.TX,Bus.And Comm.Core Ann.Sec.15.01,et seq.(1987).
10. RESPONDENT AFFIRMATION:
10.1 Soft 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
shag be removed from all Vendor lists. By signal re hereon affixed.the respondent hereby certifies that
10.2 The raaporndent has not given,offered to give,nor Meds to give any time hereafter any economic opportunity,future employment 9M loan,gra",special discount,
OR fever,Or service to d Public sevaM in connection with the submitted response.
10.3 The respondent is not uxorM*defnquent in the payment of any debt owed the City.
10.4 Neither the respondent nor the film.corporation,partnership,or any entity represented by the respondent or anyone acting for such firm,corporator,or entity has
violated the antitrust laws Of this State codified in Section 15.01 at.Seq.Texas Business and Commercial Code,or the Federal Antitrust taws,nor communicated directly
or Indirectly the response made to any competitor.or any other person engaged in such tine ofbusiness.
10.5 The respondent has rot recetvad compensation for Participation in the preparation Of the specification for the solicitation.
11. NOTE TO RESPONDENTS:' Any terns O d Conditions attached to response will not be considered unless the respondent specifically references team can the kont of the
response tarts. WARNING:Such bas and oonditims may result in disqualificalon of the response(e.g.responses with the lows of a stab other than Texas requiremetls for
prepayment Lthhlbgea on remnedies etc.) The City of Round Rode can Orgy accept MOPOnses which Contain all the lams and Conditions of its formal solicitation;in particular,
all respondents'aMmv toms and cwWcatons must be included. Submission of responses on form other than Citys form may result in disqualification of your response,
12. INQUIRIES: inquiries Pebir"to SOkMOM hvt$Wft must give Solicitation mxr ,ler,Codes,and operting date.
4of5
SOLICITATION NUMBER
11-024
SPECIFICATION NUMBER
11-885-00
RESPONDENTS REFERENCE SHEET DATED:MAY 2011
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: H - 0.1
RESPONDENTS NAME: Po/t k'tR$N �j DATE:
Provide the name,address,telephone number and point of contact of at least three(3)firms applicable to
Municipal and/or Government projects that have utilized similar service for at least two(2)years.
References may be checked prior to award. Any negative responses received may result in
disqualification of solicitation.
1. Company's Name (
Name of Contact
TitleContact �Al tyla�s SPS"A�.I,�/sr' f u,Q�►IJASi G
E-Mail
Address ��diSiar✓
Present Address aADr'Al �Lim✓ �� �X • U 5
City,State,Zip Code t �! 774
Telephone Number (sya) 18_ syr Fax Number:
7- 7y �
2. Company's Name L T y o f AA S f) A/
Name of Contact
Title of Contact
E-Mail AddressEms'
E
Present Address J / �Vt
City,State,Zip Code --
tc ss.w i 7( 7p 701
Telephone Number (67A 91 74- ;I oat Fax Number: C57a} 2-'1F
3. Company's Name
Name of Contact V oN E
Title of Contact LA-101 el
Its �
E-Mail Address Q "'
Present Address
8 Q
City,State,Zip CodeCil
111, 11
Telephone Number (a/0 )-1 3 __�A' r Fax Number
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
5ot5
ROUND ROCK TEXAS
MOM*Mort AM
CITY OF ROUND ROCK,TEXAS
INVITATION FOR BID
FOR WATER TREATMENT CHEMICALS
Solicitation No. 11-024 Addendum No. 1 Date of Addendum: May 24.2011
Please note the questions and answers, revisions or additions to the solicitation referenced above.
1• Q: What additional specifications can the City provide for the Coagulant A ide Polymer?
A: Polydadmac Polymer is preferred.
2• Q: What additional specifications can the City provide for the Belt Press Polymer?
A: The molecular weight is high.
The bulk density Is 1.02.
The viscosity(cps) Is 1200.
The belt cake is typically 12 to 14%.
3• Q; Should Polymers be no less than or no more than.35%water soluble iron?
A: Polymers should be no more than .35%water soluble iron.
4. Q: Are vendor site visits permitted to the water treatment plan?
A: No.
5. Q: Which chemicals specked in the bid are not liquids?
A: Potassium Permanganate and Chlorine are not liquids.
Approved by
Joy Baggett, Purchaser
By the signatures affixed below,Addendum No. 1 Is hereby incorporated into and made a part of the
above referenced solicitation.
ACKNOWLEDGED
Vendor Auth Signature Date
RETURN ONE COPY SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH
YOUR SEALED PROPOSAL. FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR
RESPONSE FROM CONSIDERATION FOR AWARD.
ROUND ROCK TEXAS
PURPM RMoK PROSpWn
CITY OF ROUND ROCK,TEXAS
INVITATION FOR BID
FOR WATER TREATMENT CHEMICALS
Solicitation No. 11-024 Addendum No. 2 Date of Addendum: Juiv 12.2011
Please note the questions and answers,revisions or additions to the solicitation referenced above.
1• Q: How much Chlorine is delivered at a time?
A: A typical delivery of one ton containers Is 8 units sometimes 12 units during heavy usage.
The 150 Ib.cylinders vary from 4 to 12. Average usage of the 150 lb.containers Is
approximately 900 lb.per week.
2• Q: The unit of measure for Potassium Permanganate Free Flowing is 55 gallon drums. Will the City
accept a bid and delivery of 55#drums also?
A: Yes. Please clearly indicate this unit of measure difference in the Response so the City
may easily compare pricing.
3. Q: How much Hydrofluosilicic Acid 23%is delivered at a time?
A: The City usually gets deliveries via truck periodically throughout the year.There are two
delivery locations,one with a 2,500 gallon tank the other has a 2,000 gallon tank.The City
shall coordinate the delivery so that an entire load can be delivered at once.
4. Q: Can the City provide the previous chemical bid tabulations?
A: Yes. Previous tabulations attached.
5. Q: Does this solicitation offer any Interlocal Agreement opportunities?
Af Yes. The City currently participates In Interlocal Purchasing Agreements with the cities of
College Station,Duncanville,Richardson,Hurst,Georgetown,Cedar Park and Fort Worth,
the Village of Salado,the Texas Conference of Urban Counties,Tarrant County,
Williamson County,and the Houston-Galveston Area Council These agreements permit
participating agencies the option to enter into agreements with the City's winning
Respondents for the specified commodity at the established cont ract price. Winning
Respondent shaft have the option to enter into said agreement.
Approved by -- --
Joy Baggett, Purchaser
By the signatures affixed below,Addendum No.2 is hereby incorporated into and made a part of the above
referenced solicitation.
ACKNOWLEDGED
Vendor AGthWeAignature Date
RETURN ONE COPY SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH YOUR
SEALED PROPOSAL. 'FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM
CONSIDERATION FOR AWARD.
SOLICITATION NUMBER
11-024
SPECIFICATION NUMBER
11-885-00
DATE: MAY 2011
CITY OF ROUND ROCK
INVITATION FOR BID
FOR
WATER TREATMENT CHEMICALS
PART I
GENERAL
1. PURPOSE:The City of Round Rock, herein after"City', seeks 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 water supply treatment
chemicals for treating potable water supplies located at various locations throughout the City.
2. DEFINITIONS.TERMS AND CONDITIONS: By submitting a response to this solicitation,the
Respondent agrees that the City's standard Definitions,Terms and Conditions shall govern unless
specifically provided for 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 at
httr):/Mww.roundrocktexas.gov/homerindex.asr)?12 Lqe7-462.
3. INSURANCE: The Respondent shall meet or exceed ALL insurance requirements set forth by
the City's Insurance Requirements as identified on the City's website at
http://www.roundrocktexas aov/homerindex asp?page=462.
4. CITY CONTACT FOR SOLICITATION CLARIFICATION:For clarification of specifications,
Respondents may contact:
Joy Baggett
Purchaser
Purchasing Division
City of Round Rock
Telephone: 512-218-6682
Lbasro -round-rock.tx.us
The individual above may be contacted for clarification of the specifications of this solicitation
only. No authority is intended or implied that specifications may be amended or alternates
accepted prior to closing date without written approval of the City's Purchasing Department.
Under no circumstances will private meetings be scheduled between Respondents and City staff.
1 of 4
SOLICITATION NUMBER
11-024
SPECIFICATION NUMBER
11-885-00
DATE: MAY 2011
PART II
INSTRUCTIONS
1. SOLICITATION SCHEDULE: It is the City's intention to comply with the following solicitation
timeline:
1.1 Solicitations released May 13,2011
1.2 Chemical Samples Due to City for Testing June 14, 2011
1.3 City Response to Chemical Testing June 28, 2011
1.4 Deadline for questions July 7,2011
1.5 City responses to all questions/addendums July 12,2011
1.6 Responses due by 3:00 p.m. July 19,2011
All questions regarding the solicitation shall be submitted In writing by 5:00 p.m.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 our webpage,
hftp://www.roundrocktexas.go%r/homerindex.asD?Daae=462. Questions shall be submitted to the
City contact named above.
The City reserves the right to modify these dates. Notice of date change will be posted to the City
website.
2. DUE DATE: Signed and sealed responses are due to the Purchasing Department on the due
date noted above. Mail or carry sealed responses to:
City of Round Rock,Texas
Purchasing Office
221 E.Main Street
Round Rock,Texas 78664-5299
2.1 Responses received after this time and date will not be considered.
2.2 Sealed responses should be clearly marked on the outside of packaging with the
solicitation title,number,due date and"DO NOT OPEN".
2.3 Facsimile or electronically transmitted responses are not acceptable.
2.4 Late submittals will be returned to Respondent unopened if return address is provided.
3. BEST VALUE EVALUATION AND CRITERIA: All responses received shall be evaluated based
on the best value for the City. In determining best value,the City may consider the following:
3.1 Purchase price and terms;
3.2 Reputation of Respondent and of Respondents goods and services;
3.3 The quality of the Respondent's goods and services;
3.4 The extent to which the goods and services meet the City's needs;
3.5 Respondent's past relationship with the City;
3.6 Any relevant criteria specifically listed in the solicitation.
2 of 4
SOLICITATION NUMBER
11-024
SPECIFICATION NUMBER
11-885-00
DATE: MAY 2011
4. QUALIFICATIONS: The opening of a response shall not be construed as the City's acceptance
of such Respondent as qualified and responsive. All Respondents shall:
4.1 Be firms,corporations,individuals or partnerships normally engaged in the sale and
distribution of the specified product or service herein.
4.2 Have adequate organization,facilities,equipment and personnel to ensure prompt and
efficient service to the City.
4.3 Provide references to include the name,address,telephone number,e-mail and point of
contact of at least three entities for which the respondent has preformed similar service
and or utilized the exact technology within the past three years. Negative information
obtained in a reference check may result in Respondent's disqualification.
4.4 Identify any subcontractors to be used for this project. Experience, qualifications and
references of the sub contractors shall be submitted. The City reserves the right to
approve or disapprove any and all subcontractors prior to any work being performed.
PART III
SPECIFICATIONS
1. PURPOSE:The City of Round Rock,herein after'City",seeks 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 water supply treatment
chemicals for treating potable water supplies located at various locations throughout the City.
2. RAW WATER CHARACTERISTICS
Constituent Average Concentration or Range
Hardness 160 to 180 mg/L
Turbidity 1.5 to 4.0 NTU
Alkalinity 165 to 185 mg/L
Temperature 10 to 30 degrees Celsius
PH 7.2 to 7.8
3. CHEMICAL SPECIFICATIONS: All chemicals specified herein shall meet with the intended use,
critical requirements and delivery specifications outlined on ATTACHMENT A,herein made a
part of this solicitation.
4. CHEMICAL TESTING: Sample testing shall be required for Liquid Aluminum Sulfate, Liquid
Aluminum Sulfate with 2%Copper Sulfate, Liquid Cationic Polymer,and Belt Press Polymer prior
to response submission.
4.1 Testing instructions are specified on ATTACHMENT A, herein made a part of this
solicitation.
4.2 Testing results will be provided to Respondents via e-mail no later than June 28,2011.
4.3 Chemical approval notification from the City shall be submitted with response. Failure to
submit samples for testing and/or failure to submit approval documentation from the City
may disqualify a response for consideration for award.
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.
3 of 4
SOLICITATION NUMBER
11-024
SPECIFICATION NUMBER
11-885-00
DATE: MAY 2011
6. AGREEMENT:The term of the Agreement resulting from the solicitation may be for three(3)
consecutive twelve-month(12)periods of time from the effective date and shall remain in full
force and effect unless and until it expires by operation of the term stated or until terminated or
extended as provided herein. The City reserves the right to:
6.1 Renew the Agreement for two(2)additional periods of time not to exceed twelve(12)
months for each renewal provided bother parties agree.
6.2 Review the following at the end of each twelve-month review period:
6.2.1 Vendor performance
6.2.2 Price
6.2.3 Continuing need
6.2.4 Advancements in technologies and or service
6.3 The City may terminate the Agreement with or without cause or may continue through the
next renewal period.
6.4 Split awards may be made at the sole discretion of the City.
7. SUBMISSION REQUIREMENTS: Respondents shall submit one(1)executed(signed)
original and two(2)copies of each response. Completed documentation shall include:
7.1 Itemized,Signed Bid Sheet
7.2 Three client references that utilize like products or services. References to include
Business Name,Contact Name,Address,Telephone,and e-mail. Failure to provide
reference information may result in disqualification. A reference form is contained as a
part of this submittal package.
7.3 Chemical test approval notification from the City.
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 products
or services needed to satisfy operating requirements within budgetary constraints,which may be
more or less than indicated.
9. ACCEPTANCE: The quality and installation of material shall be to the satisfaction of the Project
Administrator. Acceptance inspection should not take more than five(5)working days. The
successful Respondent will be notified within this time frame if the materials delivered are not in
full compliance with the specifications. If any purchase order is canceled for non-acceptance,the
needed items may be purchased elsewhere and the successful Respondent may be charged the
full increase,if any, in material cost and handling.
10. DAMAGE: The successful Respondent shall be responsible for damage to the City's equipment,
property and environment,the workplace and its contents by its work,negligence in work, its
personnel and equipment.
4of4
Solicitation#11-024
ATTACHMENT A
CHLORINE
1. All chlorine delivered shall:
1.1. Be filtered with a media removing eighteen to twenty microns prior to filling any container for
delivery to the City of Round Rock.
1.2. Be 99.5 percent pure by volume.
1.3. Contain no soluble mineral or organic substances in quantities producing deleterious or injurious
effects on the health of persons consuming water that has been treated properly with liquid chlorine.
1.4. Not to exceed 150 parts per million(ppm)moisture by weight.
1.5. Not to exceed 10 ppm lead, 1 ppm mercury,3 ppm arsenic or 30 ppm of the sum of all heavy
metals.
1.6. Be in conformance with all applicable federal,state and local laws.
1.7. Have a certified weight ticket.
1.8. Be in clean,properly identified and labeled vehicles used only for the transport and delivery of
chlorine.
1.9. Use City owned equipment(e.g.;hoist apparatus,hand truck,etc.)
1.10. Be delivered to:
Water Plant
5494 N.IH 35
Round Rock,Texas 78681
And
Lake Creek Well Site
501 S.Mays
Round Rock,Texas 78664
And
Westinghouse Well Site
IH 35 and Westinghouse Road
Round Rock,Texas 78664
2. All containers shall:
2.1. Meet all applicable Department of Transportation and Chlorine Institute,Inc.standards.
2.2. Open with reasonable ease,using a wrench not greater than six inches in length.
2.3. Have a new or rebuilt valve installed prior to delivery.
2.4. Be visually inspected,vacuumed,exterior repainted,and leak tested prior to delivery.
2.5. Successfully pass hydrostatic testing at least every five years.
2.6. Have container number and tare weight clearly visible and legible.
3. The successful Respondent shall maintain a twenty-four (24) hour emergency service for liquid chlorine
emergencies that includes,at a minimum,the following:
3.1. Trained and certified personnel in hazardous materials response that shall be on-site within two(2)
hours of emergency notification from the City.
3.2. All necessary equipment and apparatus for managing and remediating any emergency leak or
release of chlorine from Respondent supplied cylinders or containers.
3.3. Procedures for the removal and disposal of defective or leaking cylinders or containers.
LIQUID ALUMINUM SULFATE
1. All Liquid Aluminum Sulfate delivered shall:
1.1. Contain no less than 8 percent water-soluble aluminum oxide.
1.2. Contain no less than.35 percent water soluble iron.
1.3. Be free of insoluble and suspended matter, including but not limited to:chips,dirt,grit and all other
foreign matter.
1.4. Possess adequate clarity for the easy reading of measuring devices.
I.S. Be in conformance with all applicable federal,state and local laws.
1.6. Have a certified weight ticket.
1.7. Be in dean,properly identified and labeled trucks used only for the transport and delivery of liquid
aluminum sulfate.
1.8. Be delivered into four 10,000-gallon bulk storage tanks through a standard 2-inch female quick
connect.
1.9. Be delivered to:
Water Plant
5494 N.IH 35
Round Rock,Texas 78681
2. Special Requirements
2.1. Respondents wishing to submit bids for Liquid Aluminum Sulfate shall obtain product(s)approval
from the City prior to submitting a bid.
2.2. Respondents shall ship,at their own expense,a sample of the product to be bid to:
Kim Lutz
2008 Enterprise Dr.
Round Rock,TX 78664
2.3. The quantity of the sample product must be at least five(5)gallons and must be received at the
above address no later than 4:00 p.m.,on June 14,2011. Results will be provided via-e-mail by
June 28,2011.
LIQUID ALUMINUM SULFATE WITH 2%COPPER SULFATE
1. All Liquid Aluminum Sulfate delivered shall:
1.1. Contain no less than 8 percent water-soluble aluminum oxide.
1.2. Contain no less than.35 percent water soluble iron.
1.3. Be free of insoluble and suspended matter, including but not limited to:chips,dirt,grit and all other
foreign matter.
1.4. Possess adequate clarity for the easy reading of measuring devices.
1.5. Be delivered in conformance with all applicable federal,state and local laws.
1.6. Have a certified weight ticket.
1.7. Be in a clean,properly identified and labeled trucks used only for the transport and delivery of liquid
aluminum sulfate.
1.8. Be delivered into four 10,000-gallon bulk storage tanks through a standard 2-inch female quick
conned.
1.9. Be delivered to:
Water Plant
5494 N.IH 35
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Round Rock,Texas 78681
2. Special Requirements
2.1. Respondents wishing to submit bids for Liquid Aluminum Sulfate shall obtain product approval from
the City prior to submitting a bid.
2.2. Respondents shall ship,at their own expense,a sample of the product to be bid to:
Kim Lutz
2008 Enterprise Dr.
Round Rock,TX 78664
2.3. The quantity of the sample product must be at least five(5)gallons and must be received at the
above address no later than 4:00 p.m.,on June 14,2011. Results will be provided via-e-mail by
June 28,2011.
HYDROFLUOSILICIC ACID 23%
1. All Hydrofluosilicic Acid delivered shall:
1.1. Be free of insoluble and suspended matter,including but not limited to:chips,dirt,grit and all other
foreign matter.
1.2. Contain between 20%and 30%Hydrofluosilicic Acid.
1.3. Maximum dosage of 1.2 mg/L fluoride ion.
1.4. Be delivered in conformance with all applicable federal,state and local laws.
1.5. Have a certified weight ticket.
1.6. Be in a clean,properly identified and labeled trucks used only for the transport and delivery of
hydrofluosilicic acid.
1.7. Be delivered into a bulk storage tank through a standard 2-inch female quick connect.
1.8. Be delivered to:
Water Plant
5494 N.IH 35
Round Rock,Texas 78681
And
Lake Creek Well Site
501 S.Mays
Round Rock,Texas 78664
2. The successful Respondent shall maintain a twenty-four(24)hour emergency service for hydrofluosilicic acid
emergencies that includes,at a minimum,the following:
2.1. Trained and certified personnel in hazardous materials response that shall be on-site within two(2)
hours of emergency notification from the City.
2.2. All necessary equipment and apparatus for managing and remediating an emergency leak or
release of hydrofluosilicic acid.
COAGULANT AID(LIQUID CATIONIC POLYMER)
NOTE: Because the quality of the City's raw water changes periodically,the City is interested in receiving bids for
various weights of polymer. Data characterizing the raw water quality is included in Part III, Para.No.8 for use in
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product selection. Respondents may also submit polymer blends. The following specifications apply to all coagulant
aids:
1. All Liquid Cationic Polymer shall:
1.1. Have a high molecular weight.
1.2. Be cationic.
1.3. Be a liquid that is readily soluble in water at all concentrations.
1.4. Be effective over a pH range of 5.0 to 7.0 Standard Units.
1.5. Be effective over a temperature range from five degrees Celsius to 30 degrees Celsius.
1.6. Be resistant to chlorine.
1.7. Contain no less than.35 percent water soluble iron.
1.8. Be free of insoluble and suspended matter, including but not limited to:chips,dirt,grit and all other
foreign matter.
1.9. Possess adequate clarity for the easy reading of measuring devices.
1.10. Be delivered in conformance with all applicable federal,state and local laws.
1.11. Have a certified weight ticket.
1.12. Be in clean,properly identified and labeled fifty-five gallon drums.
1.13. Delivered to:
Water Plant
5494 N.IH 35
Round Rock,Texas 78681
2. Special Requirements
2.1. Respondents wishing to submit bids for Liquid Cationic Polymer shall obtain product approval from
the City prior to submitting a bid.
2.2. Respondents shall ship,at their own expense,a sample of the product to be bid to:
Kim Lutz
2008 Enterprise Dr.
Round Rock,TX 78664
2.3. The quantity of the sample product must be at least five(5)gallons and must be received at the
above address no later than 4:00 p.m.,on June 14,2011. Results will be provided viae-mail by
June 28,2011.
POTASSIUM PERMANGANATE—FREE FLOWING
1. All Potassium Permanganate delivered shall:
2.1. Contain 97%granular crystalline potassium permanganate.
2.2. Contain less than 500 mg/kg chromium.
2.3. Contain less than 100 mg/kg cadmium.
2.4. Be non-clumping and free flowing with a pour test index of greater than 0.7.
2.5. Be delivered in conformance with all applicable federal,state and local laws.
2.6. Have a certified weight ticket.
2.7. Be in clean,properly identified and labeled fifty-five(55)gallon drums or bulk containers.
2.8. Be delivered to
Water Plant
5494 N.IH 35
Round Rock,Texas 78681
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3. The successful Respondent shall maintain a twenty-four (24) hour emergency service for Potassium
Permanganate emergencies that includes,at a minimum,the following:
3.1. Trained and certified personnel in hazardous materials response that shall be on-site within two(2)
hours of emergency notification from the City.
3.2. All necessary equipment and apparatus for managing and remediating an emergency leak or
release of potassium permanganate.
3.3. Procedures for the removal and disposal of defective or leaking drums or containers.
BELT PRESS POLYMER
1. All Belt Press Polymer delivered shall:
1.1. Have a high molecular weight.
1.2. Have a broad cationic charge.
1.3. Be a liquid that is readily soluble in water at all concentrations.
1.4. Be effective over a pH range of 5.0 to 7.0 Standard Units.
1.5. Be effective over a temperature range from five degrees Celsius to 30 degrees Celsius.
1.6. Contain no less than.35 percent water soluble iron.
1.7. Be free of insoluble and suspended matter,including but not limited to:chips,dirt,grit and all other
foreign matter.
1.8. Possess adequate clarity for the easy reading of measuring devices.
1.9. Achieve a belt filter cake that is at least 93%solids at optimum dosing rates.
1.10. Be delivered in conformance with all applicable federal,state and local laws.
1.11. Have a certified weight ticket.
1.12. Be in clean,properly identified and labeled fifty-five gallon drums.
1.13. Be delivered to:
Water Plant
5494 N.IH 35
Round Rock,Texas 78681
2. Special Requirements
2.1. Respondents wishing to submit bids for Belt Press Polymer shall obtain product approval from the
City prior to submitting a bid.
2.2. Respondents must ship,at their own expense,a sample of the product to be bid to:
Kim Lutz
2008 Enterprise Dr.
Round Rock,TX 78664
2.3. The quantity of the sample product must be at least five(5)gallons and must be received at the
above address no later than 4:00 p.m.,on June 14,2011. Results will be provided via-e-mail by
June 28,2011.
LIQUID AMMONIUM SULFATE(LAS)
1. All Liquid Ammonium Sulfate delivered shall:
1.1 Contain no soluble mineral or organic substances in quantities producing deleterious or injurious
effects on the health of persons consuming water that has been treated properly with chlorine.
1.2 Contain 10%ammonia(NH3).
1.3 Be completely soluble in water.
1.4 Be delivered in conformance with all applicable federal,state and local laws.
1.5 Have a certified weight ticket.
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1.6 Be in clean,properly identified and labeled vehicles used only for the transport and delivery of liquid
ammonium sulfate.
1.7 Be delivered into a bulk storage tank through a standard 2-inch female quick connect and 55 gallon
drums.
1.8 Be delivered to the
Water Plant
6494 N.IH 36
Round Rock,Texas 78681
And
Lake Creek Well Site
601 S.Mays
Round Rock,Texas 78664
And
Westinghouse Well Site
IH 36 and Westinghouse Road
Round Rock,Texas 78664
2. The successful Respondent shall maintain a local twenty-four(24)hour emergency service for liquid
ammonium sulfate emergencies that incudes,at a minimum,the following:
2.1 Trained and certified personnel in hazardous materials response that shall be on-site within two(2)
hours of emergency notification from the City.
2.2 All necessary equipment and apparatus for managing and remediating an emergency leak or
release of liquid ammonium sulfate.
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ATTACHMENT A
CITY OF ROUND ROCK
INSURANCE REQUIREMENTS
1. INSURANCE:The Vendor shall procure and maintain at its sole cost and expense for the duration
of the contract or purchase order resulting from a response to this bid/Specification insurance
against claims for miunes to persons or damages to property which may arise from or in
connection with the performance of the work as a result of this bid by the successful bidder its
agents, representatives volunteers employees or subcontractors
1.1. Certificates of Insurance and endorsements shall be furnished to the City and approved
by the City before work commences.
1.2. The following standard insurance policies shall be required:
1.2.1. General Liability Policy
1.2.2. Automobile Liability Policy
1.2.3. Worker's Compensation Policy
1.3. The following general requirements are applicable to all policies:
1.3.1. Only insurance companies licensed and admitted to do business in the State of
Texas shall be accepted.
1.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable
only on a per occurrence basis for property damage only.
1.3.3. Claims made policies shall not be accepted,except for Professional Liability
Insurance.
1.3.4. Upon request,certified copies of all insurance policies shall be furnished to the
City
1.3.5. Policies shall include,but not be limited to,the following minimum limits:
1.3.5.1. Minimum Bodily Injury Limits of$300,000.00 per occurrence.
1.3.5.2. Property Damage Insurance with minimum limits of$50,000.00 for
each occurrence.
1.3.5.3. Automobile Liability Insurance for all owned,non-owned,and hired
vehicles with minimum limits for Bodily Injury of$100,000.00 each
person,and$300,000.00 for each occurrence,and Property
Damage Minimum limits of$50,000.00 for each occurrence.
1.3.5.4. Statutory Worker's Compensation Insurance and minimum
$100,000.00 Employers Liability Insurance.
1.3.6. Coverage shall be maintained for two years minimum after the termination of the
Contract.
1.4. The City shall be entitled,upon request,and without expense to receive copies of
insurance policies and all endorsements thereto and may make reasonable request for
deletion,revision,or modification of particular policy terms,conditions,limitations,or
exclusions(except where policy provisions are established by law or regulation binding
either of the parties hereto or the underwriter of any of such policies). Upon such request
by the City,the Vendor shall exercise reasonable efforts to accomplish such changes in
policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the
requirements of the bid specification and the insurance endorsements stated below.
1.5. Vendor agrees that with respect to the required insurance,all insurance contracts and
certificate(s)of insurance will contain and state,in writing,on the certificate or its
attachment,the following provisions:
1.5.1. Provide for an additional insurance endorsement clause declaring the Vendor's
insurance as primary.
1.5.2. Name the City and its officers,employees,and elected officials as additional
insured's,(as the interest of each insured may appear)as to all applicable
coverage.
1.5.3. Provide thirty days notice to the City of cancellation,non-renewal,or material
changes
1.5.4. Remove all language on the certificate of insurance indicating:
1.5.4.1. That the insurance company or agent/broker shall endeavor to notify
the City;and,
1.5.4.2. Failure to do so shall impose no obligation of liability of any kind
upon the company,its agents,or representatives.
1.5.5. Provide for notice to the City at the addresses listed below by registered mail:
1.5.6. Vendor agrees to waive subrogation against the City,its officers,employees,
and elected officials for injuries,including death,property damage,or any other
loss to the extent same may be covered by the proceeds of insurance.
1.5.7. Provide that all provisions of this contract concerning liability,duty,and standard
of care together with the indemnification provision,shall be underwritten by
contractual liability coverage sufficient to include such obligations within
applicable policies.
1.5.8. All copies of the Certificate of Insurance shall reference the project name,bid
number or purchase order number for which the insurance is being supplied.
1.5.9. Vendor shall notify the City in the event of any change in coverage and shall
give such notices not less than thirty days prior notice to the change,which
notice shall be accomplished by a replacement Certificate of Insurance.
1.5.10. All notices shall be mailed to the City at the following addresses:
Assistant City Manager City Attorney
City of Round Rock City of Round Rock
221 East Main 309 East Main
Round Rock,TX 78664-5299 Round Rock,TX 78664
6. WORKERS COMPENSATION INSURANCE
6.1. Texas Labor Code,Section 406.098 requires workers'compensation insurance coverage
for all persons providing services on building or construction projects for a governmental
entity.
6.1.1. Certificate of coverage("certificate")-A copy of a certificate of insurance,a certificate of
authority to self-insure issued by the Texas Workers'Compensation
Commission,or a coverage agreement(TWCC-81,TWCC-82,TWCC-83,or
TWCC-84),showing statutory workers'compensation insurance coverage for
the person's or entity's employees providing services on a project,for the
duration of the project.
6.1.2. Duration of the project-includes the time from the beginning of the work on the
project until the CONTRACTOR'S/person's work on the project has been
completed and accepted by the OWNER.
6.2. Persons providing services on the project("subcontractor")in Section 406.096-includes
all persons or entities performing all or part of the services the CONTRACTOR has
undertaken to perform on the project,regardless of whether that person contracted
directly with the CONTRACTOR and regardless of whether that person has employees.
This includes,without limitation,independent contractors,subcontractors,leasing
companies,motor carriers,owner-operators,employees of any such entity,or employees
of any entity,which furnishes persons to provide services on the project. "Services"
include,without limitation,providing,hauling,or delivering equipment or materials,or
providing labor,transportation,or other service related to a project. "Services"does not
include activities unrelated to the project,such as food/beverage vendors,office supply
deliveries,and delivery of portable toilets.
6.3. The CONTRACTOR shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements,that meets the
statutory requirements of Texas Labor Code,Section 401.011(44)for all employees of the
CONTRACTOR providing services on the project,for the duration of the project.
6.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being
awarded the contract.
6.5. If the coverage period shown on the CONTRACTOR'S current certificate of coverage
ends during the duration of the project,the CONTRACTOR must,prior to the end of the
coverage period,file a new certificate of coverage with the OWNER showing that
coverage has been extended.
6.6. The CONTRACTOR shall obtain from each person providing services on a project,and
provide to the OWNER:
6.6.1. a certificate of coverage, prior to that person beginning work on the project,so
the OWNER will have on file certificates of coverage showing coverage for all
persons providing services on the project;and
6.6.2. no later than seven calendar days after receipt by the CONTRACTOR,a new
certificate of coverage showing extension of coverage,if the coverage period
shown on the current certificate of coverage ends during the duration of the
project.
6.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
6.8. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal
delivery,within 10 calendar days after the CONTRACTOR knew or should have known,
or any change that materially affects the provision of coverage of any person providing
services on the project.
6.9. The CONTRACTOR shall post on each project site a notice,in the text,form and manner
prescribed by the Texas Workers'Compensation Commission,informing all persons
providing services on the project that they are required to be covered,and stating how a
person may verify coverage and report lack of coverage.
6.10. The CONTRACTOR shall contractually require each person with whom it contracts to
provide services on a project,to:
6.10.1. provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements,that meets the statutory
requirements of Texas Labor Code,Section 401.011(44)for all its employees
providing services on the project,for the duration of the project;
6.10.2, provide to the CONTRACTOR,prior to that person beginning work on the
project,a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on a project,for the duration of the
project;
6.10.3. provide the CONTRACTOR,prior to the end of the coverage period,a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project;
6.10.3.1. obtain from each other person with whom it contracts,and provide to
the CONTRACTOR:
6.10.3.1.1. a certificate of coverage, prior to the other person
beginning work on the project;and
6.10.3.1.2. a new certificate of coverage showing extension of
coverage,prior to the end of the coverage period, if
the coverage period shown on the current certificate
of coverage ends during the duration of the project
6.10.3.2. retain all required certificates of coverage on file for the duration of
the project and for one year thereafter;
6.10.3.3. notify the OWNER in writing by certified mail or personal delivery,
within 10 calendar days after the person knew or should have
known,of any change that materially affects the provision of
coverage of any person providing services on the project;and
6.10.3.4. contractually require each person with whom it contracts,to perform
as required by paragraphs(A thru G),with the certificates of
coverage to be provided to the person for whom they are providing
services.
6.10.3.5. By signing the solicitation associated with this specification,or
providing,or causing to be provided a certificate of coverage,the
Contractor is representing to the Owner that all employees of the
Contractor who will provide services on the project will be covered
by workers'compensation coverage for the duration of the project,
that the coverage will be based on proper reporting of classification
codes and payroll amounts,and that all coverage agreements will
be filed with the appropriate insurance carrier or,in the case of a
self-insured,with the Commission's Division of Self-Insurance
Regulation. Providing false or misleading information may subject
the Contractor to administrative penalties,criminal penalties,civil
penalties,or other civil actions.
6.10.3.6. The Contractor's failure to comply with any of these provisions is a
breach of contract by the Contractor that entitles the Owner to
declare the contract void if the Contractor does not remedy the
breach within ten calendar days after receipt of notice of breach
from the owner.