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R-11-12-15-11E9 - 12/15/2011 RESOLUTION NO. R-11-12-15-11E9 WHEREAS, the City of Round Rock has duly advertised for bids for the purchase of water treatment chemicals, and WHEREAS, Brenntag Southwest, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Brenntag Southwest, 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 Liquid Ammonium Sulfate(55 Gallon Drums) From Brenntag Southwest, 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. /L-,— ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: ,1 AA gy%yL SARA L. WHITE, City Secretary O:\wdox\SCCInu\0I 12\1 I04\MUNICIPAU00239065DOC/me EXHIBIT „A» CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF WATER TREATMENT CHEMICALS LIQUID AMMONIUM SULFATE(55 GAL. DRUMS) FROM BRENNTAG SOUTHWEST, INC. THE STATE OF TEXAS § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § COUNTY OF TRAVIS That this Agreement for purchase of liquid ammonium sulfate (55 gal. drums), 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 BRENNTAG SOUTHWEST, INC., whose offices are located at 610 Fisher Road, Longview, Texas 75604, 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 liquid ammonium sulfate (55 gal. drums), 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 hasselected 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: 00234982rkg (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 Brenntag Southwest, Inc.,or any of its successors or assigns. 2.01 EFFECTIVE DATE,INITIAL TERM,AND ALLOWABLE RENEWALS . A. This Agreement shall be effective on the date it has been signed by both parties hereto, and shall remain in 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 http:l/stats.blsgoy/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 #11 on Exhibit "A," which is specifically indicated as liquid ammonium sulfate (55 gal. drums), is awarded to Vendor. 5.01 COSTS Estimated annual usage quantity is 550 gallons, and the unit price is $3.52 per unit. Bid costs listed on Exhibit "A," which are specifically relevant to the referenced bid item #11, 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 271.101 and Section 271.102. Other governmental entities within the State of Texas may be extended the opportunity to purchase off of the City of Round Rock's bid, with the consent and agreement of the successful vendor(s) and Round Rock. Such agreement shall be conclusively inferred for the vendor from lack of exception to this clause in the vendor's response. However, all parties hereby expressly 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: Brenntag Southwest, Inc. 610 Fisher Road Longview, TX 75604 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 j IN WAS WHEREOF City and Vendor have executed Agri me n e dates indicated. ] City of Round Rock,Texas Br■■m$Son c ) By SS Printed �« Prim� PriN . Title: Title: ' }I Arfz r_-,41� Date Signed: Date Signed: o (i Attest: ] By } � } Sara LWit City Secretary ) \ For City,Approved as to Form: ] ] ) \} i d � By ( Stephan L Sheep Cit Attorney } ) \ I \| ] n � � \ ! � ! � ] ] � 9 ) \ � 2 . | \ � ♦ f Cl 10909 - INVITATION FOR BID(IFB) CITY OF ROUND ROCK PURCHASING OFFICE 221 E.Main Street Round Rock,Texas 78664-6299 Solicitation Information: Responses are due to the Purchasing Office Water Treatment Chemicals Solicitation Number 11-024 at the above address by 3:00 pm,July 19,2011. Opening Date: 07/19/2011 Opening Time: 3:00pm Response Location: Show solicitation opening date&solicitation number in lower left 221 E.Main Street hand comer of sealed response envelope with return address of Council Chambers responding firm. Round Rock,TX 78664 Facsimile and e-mail responses shall not be accepted. Return signed one original and three copies of response. Respo shall s below INVOICE TO: Failu o ign re s Isqualify response. CITY OF ROUND ROCK !-7 ACCOUNTS PAYABLE 221 EAST MAIN STREET orize8 ffinature / Date ROUND ROCK,TEXAS 78664-5299 j 5v A SP i ryj'7�r Print Name Respond F.O.B.Destination,Freight prepaid and allowed unless otherwise specified below SEE 1.7 OF SOLICITATION INSTRUCTIONS DESTINATION: TAX ID NO.: 0 371? CITY OF ROUND ROCK ` VARIOUS LOCATIONS LEGAL BUSINESS NAME: �t,�,lyl So✓{ t,vleSl—=/Ic. ADDRESS: 1 % -24,91/ CONTACT: 6c'7, PI Til R TELEPHONE NO: ^((3 �s $ Q�2_ BUSINESS ENTITY TYPE: Cpr, nn E-MAIL: fe A-haI jorevt ,cont By the signature hereon affixed,the respondent hereby certifies that neither the respondent nor the entity represented by the respondent,or anyone acting for such entity has violated the antitrust laws of 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 EXTENSION CLASS&ITEM DESCRIPTION Estinrted Annual MEASURE UNIT PRICE Estimated Annual Usage Usage 855-00 CHLORINE(rON CYLINDERS) 200 TON bi� /✓• `` 2 &55.00 CHLORINE(150 lb.CYLINDERS) S00 TON o i" d,G a 85500 SAMPLE TESTING REQUIRED 190 DRY TON a 5O. 71 Soo LIQUID ALUMINUM SULFATE 4 855-00 SAMPLE TESTING REQUIRED 287 DRY TON Op LIQUID ALUMINUM SULFATE w/2%COPPER SULFATE ' •o S(,� J [EX:HtBff n 5 855-00 HYDROFLUOSMIC ACID 23% 11,000 GALLON SAMPLE TESTING REQUIRED 8 18,000 GALLON LIQUID CATIONIC POLYMER(55 GAL.DRUMS) 7 855-00 POTASSIUM PERMANGANATE-FREE FLOWING 12,500 LBS 8 855.00 POTASSIUM PERMANGANATE-LIQUID 12,500 LBS SAMPLE TESTING REQUIRED Al,8 855-00 BELT PRESS POLYMER(55 GAL.DRUMS) 1,320 GALLON mo + o IT, 10 855-00 LIQUID AMMONIUM SULFATE(LAS) 30.000 GALLON 11 855-00 LIQUID AMMONIUM SULFATE(LAS)(55 GAL.DRUMS) 550 GALLON 114-36 GRAND TOTAL 3441 1 al DELIVERY IN �'�O DAYS k6 Its SOLICITATION INSTRUCTIONS ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF SOLICITATION ANY EXCEP'T'IONS THERETO MUST BE IN WRITING 1. SOLICITATION REQUIREMENTS: 1.1 ResporMkng requires pricing per ur* shown and extensions. If trade discount is shown on solicitation, it should be deducted and net One extensions shown. Respondents guarantees product offered will meet or exceed specifications identified in this Invitation For Bid(IFB). 1.2 Solicitation shall be submitted on Solicitation Sheet. Each response shall be placed in a separate envelope completely and property identified. Responses must be in the Purchasing Department before the hour and date specified on the solicitation. 1.3 Late responses properly iderMed will be returned to respondent unopened. Late responses wifi not be considered. 1.4 Respond F.O.B.desOkradort,freight,prepaid,8 allowed unless otherwise specified on the sd'ncitation. d otherwise,show exact cast to deliver. 1.5 Response shell show unit price on quantity and unit of measure specified,extension and show trial. In case of arras in extension.unit prices shall govern. Responses subject to unlimited price increase wit not be considered. 1.6 Submitted prices shah be firm for acceptance 30 days from solicitation opening date. "Discount from List"responses are net acceptance unless requested. Cash discount will not be considered in deterrririmg the low response. AN cash discounts offered will be taken If earned. 1.7 Responses shall give Tax Identification Number.full name and address of respondent. Failure to sign will disqualify response. Person signing response shalt show title and authority to bird signatories firm in an agreement. Firm name should appear on each page in the dock provided in the upper right corner. Business Entity shah be one(1)of the following:Individual,Partnership.Sole Proprietorship,Estate/Trust,Corporation,Governmental.Non-profit,all others shall be specified. INDIVIDUAL:Lis( 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:Usk legal name of entity and Tax Iden ifieation Number(TIN). 1.8 Responses cannot be altered or amended atter opening time. Any Alterations made before opening time shat)be initiated 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 State Sales Tax and Federal Excise Tax. Do not include tax in response. 1.10 The City reserves the right to accept or reject all or any part of response,waive minor technicalities and award the response to best serve the interests of the City.Split awards may be made at the sde discretion of the City. 1.11 Consistent and continued tie responses could cause rejection of responses by the City and/or investigation for antitrust violations. 1.12 Telephone,facsimile,and electronically transmitted responses are not acceptable in response to the solicitation. 1.13 CAUTION:Solicitation invitation slows suffideM time for receipt of the preferred mail response. The City shall not be responsible for responses received late,ilegible, incomplete,or otherwise non-responsive. 2. SPECIFICATION: 2.1 Any catalog,brand name or manufacturer's reference used in the solicitation is descriptive only(rat restrictive),and is used to indicate type and quality desired. Responses on brads of We nature and quality will be considered unless advertised under the provisions of Section 252.022 of the Texas Local Government Code. t other than brand(s)specified is offered,illustrations and complete descriptions of product offered are requested to be made a pat of the response. If respondent takes no exceptions to specifications or reference data in response,respondent will be required to fumish brand names,numbers,etc.,as apedfied in the solicitation. 2.2 All items on the solicitation shall be new,in first class condition,including containers suitable for shipment and storage,unless otherwise indicated in the solicitation. Verbal agreements to the contrary will not be recognized. 2.3 Samples.when requested.most be furnished free of expense to the City. if not destroyed in examination,they wig be returned to the respondent,on request,at respondent expense. Each example should be marked with respondents name and address.City solicitation number and code. Do not enclose in or attach to response. 2.4 The City will not be bound by any oral statement or representation contrary to the written specifications of the solicitation. 2.5 Ma ufacturees standard warranty shall apply unless otherwise stated in the solicitation. 3. TIE RESPONSES: In case of be 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 materiel in Ckys designated location oder normal conditions. Failure to state deriver time obligates respondent to complete delivery in fourteen(14)calendar days. Unrealistically shat or long delivery promises may cause response to be disregarded. Consistent failure to meet delivery promises without valid reason may cause removal from Vencor list.(See 4.2 k1lowing.) 42 H delay is foreseen,Vector shag give written ratio-to the City. The City has the right to extend delivery date if reasons appear valid. Vendor shall keep the City advised at erg teres of status of order. Default in promised delivery(without acceptable reasons)or failure to meet specifications.authorizes the City to purchase supplies elsewhere and charge full increase,9 any,In cost and handing to detailing Vendor. 4.3 No substitution or cancellations permitted without written approval of the City. 4.4 Delivery shall be made during normal waking 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 will be subject to inspection and test by the City to the extent practicable at all Ames and places. Authorized City personnel shelf have access to any supplier's place of business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with the response or on samples taken from regular shipments. N the pmdu chrtested fad to meet or exceed all conditions and requ irenenis of the specifications,the cost of the sample used and the coat of the testing shag be bore by the supplier. Goods,which have been delivered and rejected in whole or in pan,may,at the City's option,be returned to the Vendor or held for disposition at Vendor's risk and expense. Latent defects may result in revocation of acceptance. 6. AWARD OF AGREEMENT: A response to a sdiahalan is an offer to contract with the City based upon the terns,conditions,and specifications contained in the solicitation. Responses do not become agreenents or purchase orders unless and unlit they are accepted by the City through its designates arid an agreement or a purchase order is issued. The agreement or purchase order shall be governed,construed,and Interpreted oder the Charter of the City and the laws of State of Texas. All agreements or purchase orders are subject to the approval of the City Council or Manager. 7. PAYMENT: Vendor shall submit three(3)copies of an invoice showing the agreement or purchase order number on all copies. 8. PATENTS AND COPYRIGHTS: The Respondent agrees to protect the City from claims involving infrirgemerts,of patents or copyrights. 9. RESPONDENT ASSIGNMENTS: Respondent hereby assigns to the purchaser any and all claims for overcharges associated with this agreement.which arise under the antitrust laws of the State ct Texas.TX.Bus.And Comm.Code Ann.Sec.15.01,at a".(1967). 10. RESPONDENT AFFIRMATION: 10.1 Signing the response with a false statement is a material breach of agreement and shall void the submitted response or any resulting agreements,and the Respondent shag beren from all Vector tab. By signature hereon affixed,the respondent hereby certifies that 10.2 The respondent has not given.offered to give,car Intends to give arty tirne hereafter any economic opporturity.future employment,gift,ben,gratuity.special discount. tip.favor,or service to a pubic servant in connexion with the submitted response. 10.3 The respondent is trot currently degrquent in the payment of any debt owed the City. 10.4 Neither the respondent car ft dem,corporation.paMenahip,or any entry represented by the respondent,or anyone acting for such Arm.corporation,or entity has violated the aMrnwt laws of this State codified in Section 15.01 al.Seq.Texas Business and CCmmercial Code,or the Federal Antitrust Laws,car eorroxsicated directly or k ke*an response Wade to any comPetifor,or any other parson egaged in such One of business. 10.5 The respondent has not received compensation for participation in the preparation of the specification for the sk>bdtaAah. 11. NOTE TO RESPONDENTS. Any terns and cadgtiors attached to response will riot be considered unless the respondent specft y references then on the front of the respase form.WARNING:Such terns and eandias may result in disqualification of the response(e.g.responses with the laws of a state other dm Texas requromats for propayment.Limitations onion rete)The City of Raid Rock can only aroept responses wlwd contain alf the terms and conditions of its fon. solicitation:in paticurler. Y respo derW affirmations and certifications mxuf be included. Submission of responses an forme other than We forth may result in dsqu nim d your response. 12. INOUIRIES: inquiries petainirg to SaiafaAon invitations must give Solicitation murber,codes,and opening date. 401`5 SOLICITATION NUMBER 11-024 SPECIFICATION NUMBER 11-885-00 DATED:MAY 2011 RESPONDENTS REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: l f © a 14 RESPONDENTS NAME: f3 rcnn'Lc,g So-J'kVeSJ' DATE: 7 /g // 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 I74 Al E-Mail Address ✓I� / 09 ;-""11 A gs .40- Present Address P- ; /Z/:7/ City,State,Zip Code 4,/_ /.-//`r , 7A- -7,3 v-7 Telephone Number (eyp ) ,9/ /!s.3 Fax Number:(9'1/y 2. Company's Name G,ty /t14a s,r e, 4 Name of Contact ©u,,�,� �JrLe-k5 Title of Contact j,,s i- 10111�.!_ A t-, E-Mail Address AjLcks P Present Address 3520 A-r L City,State,Zip Code 6QAw-, VA -7Y'/0.7 Telephone Number NIS? ) ;7g-2: so Z f Fax Number: 3. Company's Name C,Al o7Z /�`-1L WaT X Name of Contact X7"1 C,;, Title of Contact R rt. V E-Mail Address Present Address qo 8 164--p S(- City,State,Zip Code L,4,44-k 0-TX '741&;2- 1 Telephone Number (S-I"7 ) 3-11- Lfy 7 -7 Fax Number:(91-7 ) 312 g(Iq a FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. 5of5 IrROUNDROCK TEXAS SS10N PROSPERffY 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 Aide 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 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 Vend—or ture Date RETURN ONE COPY SIGNED COPY OF THIS�/DDewvZTIO THE PURCHASING OFFICE WITH YOUR SEALED PROPOSAL. FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM CONSIDERATION FOR AWARD. ROUND ROCK TEXAS vuRPosE Aasuort vaosrt M 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 Ib.cylinders vary from 4 to 12. Average usage of the 150 Ib.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. D Does this solicitationoffer any Interlocal 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 shall have the option to enter into said agreement. 1,1 Approved by Joy Baggett, Purchaser By the signatures affixed below,Addendum No.2 is hereby inco rated in d made a part of the above referenced solicitation. ACKNOWLEDGED Vendor rNDUM d S' ture Date RETURN ONE COPY SIGNED COPY OF THIS AD O THE PURCHASING OFFICE WITH YOURSEALED PROPOSAL. FAILURE TO DO SO MAYTICALLY DISQUALIFY YOUR RESPONSE FROM CONSIDERATION FOR AWARD. Page 1 of 2 Gmail Calendar Documents Photos Reader Web more - Search Mail Search the Web Mail Adjudication Made Simple-www.nhxs.com-Determine Patient Responsibility in the C Contacts Tasks �-Archive Spam ate Move to~ Labels ; More compose ��I Fw: Solicitation#11-024 Water Treatment Chemicals Testing Re: � X Inbox X Inbox SFelsenthal@brenntag.com to me show details 11:46 AM(3 minutes agc Buzz Starred Important Can you print this page for me—- Sent Mail Jay BaSIt7eft<1baaaeltffiround-rock.bc.us> To'"SFelsenthalftbrenntaa.corn <SFelsenthal& Draftscc 013127/201102:01 PM Subject Solicitation*11-024 Water Treatment Chemic Personal Travel 6 more. Chat The chemical samples received for testing for Solicitation#11-024 Water Treatment Ch Search,add,or invite I been tested and approved. Please submit this e-mail with your bid response. Alisha Casey Set status here Call phone bm.ausbu lu.ausbu rv.ausbu Joy Baggett st ausbu Purchaser' Veronica Ibarra Purchasing Department cb.ausbu 512-218-6682 jcausbu jbaggett(cDround-rock.tx.us jessica.cougot DISCLAIMER AND NOTICE OF CONFIDENTIAL MATERIAL PLEASE READ This jm.ausbu any attachments or other files transmitted with it are CONFIDENTIAL and intended rick.crain use of the individual or entity to whom or to which they are addressed. If you,are'no recipient,or believe you have received this email in error,please do not read,copy, Invite a friend this communication to others;also please notify the sender by replying to this message,and then delete it and all accompany your system.Please verify that you will delete the e-mail in your reply.Please note opinions presented in this email are solely those of the author and do not necessari those of Brenntag or its affiliated companies.Neither Brenntag nor any of its affiliatf accepts any liability for any damage caused by any virus transmitted by this email c attachments: Reply Forward https://mail.godgle.com/mail/.?ui=2&view--bsp&ver=ohhl4rw8mbn4 7/19/2011 Page 2 of 2 Adjudication Made Simple-Deterimine Patient Responsibility ad in the Office.Free Demo-Call Now www.nhxs.com •Arahafve m ,.:Deleteave4o- —Label s More 0%full ®21011 Google-Terms&Privacy Last ac Using 1 MB of your 7606 MB Disable buzz https://mail.google.com/maiV'4 i=2&viev,r--bsp&ver--ohhl4rw8mbn4 7/19/2011 SOLICITATION NUMBER 11-024 SPECIFICATION NUMBER 11-885-00 DATE: MAY 2011 CITY OF ROUND ROCK INVITATION FOR BID FOR WATER TREATMENT CHEMICALS PART 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 govem 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://www.roundrocktexas.gov/homerinde)casp?page=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 hM:Nwww.roundroddexas.govAiomeriindex.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: 612-218-6682 jbaage und-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 1.6 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 6:00 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, http://www.roundrocktexas.gov/homerndex.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 cant'sealed responses to: City of Round Rock,Texas Purchasing Office 221 E.Main Street Round Rock,Texas 78664-6299 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; 3.6 Respondent's past relationship with the City; 3.6 Any relevant criteria specifically listed in the solicitation. 2of4 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 C PURPOSE:The City of Round Rock, herein after°Citi',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. 6. 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 Qdy. 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 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. I.S. 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 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. 2.5. 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. 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 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 dean,property 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 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%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 dean,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 601 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 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. 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 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,property identified and labeled fifty-five gallon drums. 1.13. Be delivered to: Water Plant 5494 N.11-1136 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. 1.6 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 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. 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 for the duration of the contract or purchase order resulting from a response to this bid/Specification insurance against claims for injuries 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 aaents 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. i 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. I.S.B. 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 1 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 entities 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. I r=DR(7CK,TE7A5 City Council Agenda Summary Sheet PMOK PROPS c Agenda Item No. *11E9. Consider a resolution authorizing the Mayor to execute an agreement for the purchase of Agenda Caption: Liquid Ammonium Sulfate(LAS) in 55 gallon drums from Brenntag Southwest, 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. Three bids were received for LAS in 55 gallon drums. Brenntag Southwest, Inc. was the low bidder. Liquid Ammonium Sulfate in 55 gallon drums is used to disinfect ground water. Cost: $1,936 Source of Funds: Utility Fund Date of Public Hearing(if required): N/A Recommended Action: Approval I EXECUTED DOCUMENT FOLLOWS 1 t CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF WATER TREATMENT CHEMICALS LIQUID AMMONIUM SULFATE (55 GAL.DRUMS) FROM BRENNTAG SOUTHWEST,INC. THE STATE OF TEXAS § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS: § it COUNTY OF WILLIAMSON § COUNTY OF TRAVIS That this Agreement for purchase of liquid ammonium sulfate (55 gal. drums), and for related goods and services, referred to herein as the "Agreement," is made and entered into on this the I 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 BRENNTAG SOUTHWEST, INC., whose offices are located at 610 Fisher Road, Longview, Texas 75604, 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 liquid ammonium sulfate (55 gal. drums), 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 hasselected 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: 00234982/jkg (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 Brenntag Southwest, Inc., or any of its successors or assigns. 2.01 EFFECTIVE DATE,INITIAL TERM,AND ALLOWABLE RENEWALS A. This Agreement shall be effective on the date it has been signed by both parties hereto, and shall remain in 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 http://stats.bls.gov/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 I1-885-00 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 #11 on Exhibit "A," which is specifically indicated as liquid ammonium sulfate(55 gal. drums), is awarded to Vendor. 5.01 COSTS Estimated annual usage quantity is 550 gallons, and the unit price is $3.52 per unit. Bid costs listed on Exhibit "A," which are specifically relevant to the referenced bid item #11, 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: Brenntag Southwest, Inc. 610 Fisher Road Longview, TX 75604 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 i 'I i r I �I jt. i 4 j I 1 IN WITNESS WHEREOF, City and Vendor have executed tl is Agreement ; n e dates indicated. j f j City of Rou ock,Texas Brenntag Sou es By: By: Printed Name: Printed N j Title: Title: At- Date Sign •(, Date Signed: v Attest: i By: , Sara L. White,City Secretary 3 1 Fo4Steph proved as to Form: Byf L. Sheets, City ttorney f I i I -i I '• I s' � 1 a i f i i t ;i n I I j I i i I 9 a �i i i t I I, I ;i 01 10909 -2 INVITATION FOR BID(IFB) CITY OF ROUND ROCK PURCHASING OFFICE 221 E.Main Street Round Rock,Texas 78664-5299 Solicitation Information: Responses are due to the Purchasing Office Water Treatment Chemicals Solicitation Number 11-024 at the above address by 3:00 pm,July 19,2011. Opening Date: 07/19/2011 Opening Time: 3:00pm Response Location: Show solicitation opening date&solicitation number in lower left 221 E.Main Street hand comer of sealed response envelope with return address of Council Chambers responding firm. Round Rock,TX 78WA Facsimile and e-mail responses shall not be accepted. Return signed one original and three copies of response. Rpo shall ' below INVOICE TO: Failur o ign re s Isqualify response. CITY OF ROUND ROCK y ACCOUNTS PAYABLE / J 221 EAST MAIN STREET rjze8 nature 7 Date ROUND ROCK,TEXAS 78664-5299 Print Name Respond F.O.B.Destination,Freight prepaid and allowed unless otherwise specified below SEE 1.7 OF SOLICITATION INSTRUCTIONS DESTINATION: TAX ID NO.: CITY OF ROUND ROCK g 3 7 g VARIOUS LOCATIONS LEGAL BUSINESS NAME: ADDRESS: CONTACT: ��- TELEPHONE NO: BUSINESS ENTITY TYPE: 6v on E-MAIL: e-p.t441w1 ejore�v� o.vt By the signature hereon affixed,the respondent hereby certifies that neither the respondent nor the entity represented by the respondent,or anyone acting for such entity has violated the antitrust laws of the State,codified in Section 15.01 at 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 EXTENSION CLASS&ITEM DESCRIPTION Estimated Annual MEASURE UNIT PRICE Estimated Annual Usage Usage 855-00 CHLORINE(TON CYLINDERS) 200 TON b�C 2 855-00 CHLORINE(150 Ib.CYLINDERS) :100 TON o Isr 10, 855-00 SAMPLE TESTING REQUIRED 190 DRY TON 50Ok -700 ? LIQUID ALUMINUM SULFATE 1 4 855-00 SAMPLE TESTING REQUIRED 287 DRY TON LIQUID ALUMINUM SULFATE w/2%COPPER SULFATE E BIR oAn 5 855.00 HYDROFLUOSILICIC ACID 23% 11,000 GALLON SAMPLE TESTING REQUIRED 8 855 00 LIQUID CATIONIC POLYMER(55 GAL.DRUMS) 18,000 GALLON #) `13��g(} 7 855-00 POTASSIUM PERMANGANATE-FREE FLOWING 12,500 LBS 3,25 y0 x.25 8 855-00 POTASSIUM PERMANGANATE-LIQUID 12,500 LBS - SAMPLE TESTING REQUIRED 9 855 00 1,320 GALLON BELT PRESS POLYMER(55 GAL,DRUMS) 10 855-00 LIQUID AMMONIUM SULFATE(LAS) 30,000 GALLON QQ 27 Opo 11 855-00 LIQUID AMMONIUM SULFATE(LAS)(55 GAL.DRUMS) 550 GALLON �6 GRAND TOTAL 3��`�ql .DELIVERY IN 3-- DAYS S 5 16 ale, 3-3o ya-i-,4.r, 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 REOUIREMENTS: 1.1 Responding requires pricing per unit shown and extensions. If trade discount is shown on solicitation, it should be deducted and net fine extensions shown. Respondents guarantees product offered will meet or exceed specifications identified in this Invitation For Bid(IFB). 1.2 Solicitations shaft be submitted on Solicitation Sheet. Each response stiali be placed in a separate envelope completely and property identified. Responses must be in the Purchasing Department before the hour and date specified on the solicitation. 1.3 Late responses property identified will be returned to respondent unopened. Late responses will not be considered. 1.4 Respond F.O.B.destination.freight,prepaid,b allowed unless otherwise specified on the solicitation. If otherwise,show exact cost to deliver. 1.5 Response shall stow unit price on quantity and unit of., ure specified,extension and show total. In case of errors in extension,unit prices shag govern. Responses subject to unlimited price increase wit not be considered. 1.6 Submilted prices shall be firm for acceptance 30 days from solicitation opening date. "Discount from Ust"responses are not acceptance unless requested. Cash discount will rot be considered in determining the low response. AN cash discounts offered will be taken If earned. 1.7 Responses shall give Tax Identification Number,full name and address of respondent. Failure to sign will disqualify response. Person signing response shall show title and authority to bind signatories firm In an agreement. Firm name should appear on each page in the block provided in the upper right corner. Business Entity shall be one(1)of the following:Individual,Partnership,Sole Proprietorship,EstateITmst,Corporation,Governmental.Non-profit,all others shall be specified. INDIVIDUAL:List name and number as shown on Social Security Card. SOLE PROPRIETORSHIP:List legal name followed by legal business name and Social Security Number. ALL OTHERS:List legal name of entity and Tax Identification Number(TIN). 1.8 Responses cannot be altered or amended after opering time. Any Alterations made before opening time shall be initialed by respondent or an authorized agent. No response can be withdrawn after opening time without approval of the CITY based on a written acceptable reason. 1.9 The City is exempt from State Sales Tax and Federal Excise Tax. Do not include tax in response. 1.10 The City reserves the right to accept or reject all or any part of response,waive minor technicalities and award the response to best serve the interests of the City.Split awards may be made at the sde discretion of the City. 1.11 Consistent and continued tie responses could cause rejection of responses by the City and/or investigation for antitrust violations. 1.12 Telephone,facsimile,and electronically transmitted responses are not acceptable in response to the solicitation. 1.13 CAUTION:Solicitation invitation allows sufficient time for receipt of the preferred mail response. The City shall not be responsible for responses received Ice,Illegible, Incomplete,or otherwise non-responsive. 2. SPECIFICATION: 2.1 Any catalog,brand name or manufacturer's reference used in the soNdtation is descriptive only(rot restrictive),and is used to indicate type and quality desired. Responses on brands of like nature and quality will be considered unless advertised under the provisions of Section 252.022 of the Texas Local Goverment Code. If other than brand(s)specified is offered,illustrations and complete descriptions of product offered are requested to be made a part of the response. If respondent takes no exceptions to specifications or reference data in response,respondent will be required to furnish brand names,numbers,etc.,as specified in the solicitation. 2.2 All alerts on the solicitation shall be new,in first class condition,including containers suitable for shipment and storage,unless otherwise indicated in the solicitation. Verbal agreements to the contrary will not be recognized. 2.3 Samples,when requested,must be fumished free of expense to the City. 9 not destroyed in examination,they will be returned to the respondent,on request,at respondent expense. Each example should be marked with respondents'name and address.City solicitation number and code. Do not enclose in or attach to response. 2.4 The City will not be bound by any oral statement or representation contrary to the written specifications of the solicitation. 2.5 Manufacturer's standard wamardy shall apply unless otherwise stated in the solicitation. 3. TIE RESPONSES: In case of tie responses,the award will be made in accordance with Section 271.901 of the Texas Local Government Code. 4. DELIVERY: 4.1 Response shall show number of days required to place material in Citys designated location under normal conditions. Failure to state deliver time obigates respondent to compete delivery in fourteen(14)calendar days. Unrealistically short or long delivery promises may cause response to be disregarded. Consistent failure to meet delivery promises without valid reason may cause removal from Vendor list.(See 4.2 following.) 4.2 If delay is foreseen,Vendor shall give written notice to the City. The City has the right to extend delivery date if reasons appear valid. Vendor shall keep the City advised at all times of status of order. Default in promised delivery(without acceptable reasons)or failure to meet specifications,authorizes the City to purchase supplies elsewhere and charge full increase,N any,in cost and handling to defaulting Vendor. 4.3 No substitutions or cancellations permitted without written approval of the City. 4.4 Delivery shall be made during normal working hours only,unless prior approval for late delivery has been obtained from the City,unless otherwise specified in the solicitation. 5. INSPECTION AND TESTS: All goods will be subject to inspection and test by the City to the extent practicable at all times and paces. Authorized City personnel shall have access to any supplier's place of business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with the response or on samples taken from regular shipments. if the products-tested fail to meet or exceed all conditions and requirements of the specifications,the cost of the sample used and the cost of the testing shall be bome by the supplier. Goods,which have been delivered and rejected in whole or in part,may,at the Citys option,be returned to the Vendor or held for disposition at Vendor's risk and expense. Latent defects may result in revocation of acceptance. 6. AWARD OF AGREEMENT: A response to a solicitation is an offer to contract with the City based upon the terns,conditions,and specifications contained in the solicitation. Responses do not become agreements or purchase orders unless and until they are accepted by the City through its designates and an agreement or a purchase order is issued. The agreement or purchase order shall be governed,construed,and interpreted under the Charter of the City and the laws of State of Texas. All agreements or purchase orders are subject to the approval of the City Council or Manage. 7. PAYMENT: Vendor shall submit three(3)copes of an invoice showing the agreement or purchase order number on all copies, 6. PATENTS AND COPYRIGHTS: The Respondent agrees to prated the City from claims involving iMringemerts.of patents or copyrights. 9. RESPONDENT ASSIGNMENTS: Respondent hereby assigns to the purchaser any and all claims for overcharges associated with this agreement,which arise under the antitrust laws of the State of Texas.Tx,Bus.And Comm.Code Ann.Sec.15.D1,el seq.(1967) 10. RESPONDENT AFFIRMATION: 10.1 Signing the response with a false statement is a material breach of agreement and shah void the submitted response or any resulting agreements,and the Respondent shag be removed from all Vendor lists. By signature hereon affixed.the respondent hereby certifies that: 10.2 The respondent has rot given,offered to give,nor intends to give any time hereafter any economic opportunity,future employment,gift,loan,gratuity,special discount, tip,favor,or service to a pudic servant in connection with the submitted response. 10.3 The respondent is root currently delinquent in the payment of any debt owed the City. 10.4 Neither the respondent nor the firm,corporation.partnership,or any entity represented by the respondent,or anyone acting for such firm,corporation,or entity has violated the antitrust laws of this State codified in Section 15.01 at.Seq.Texas Business and Commercial Code,or the Federal Antitrust Laws,nor communicated directly or indirectly the response made to any competitor,or any other person engaged in such fine of business. 10.5 The respondent has not received compensation for participation in the preparation of the specification for the solicitation. 11. NOTE TO RESPONDENTS: Any terns and conditions attached to response will not be considered unless the respondent specifically references them on the front of the response forth. WARNING:Such terns and conditions may result in disqualification of the response(e.g.responses with the laws of a state other than Texas requirements or prepayment.Limitations on rarnedies,etc.)The City of Round Rack can only accept responses which contain all the terms and conditions of its formal solicitation;in particular. all respondents'affirmations and certifications must be indduded. Submission of responses on forms other than City's form may result in disqualification of you response. 12. INQUIRIES: Inquiries pertaining to Sdidtation invitations must give Solicitation number,codes,and opening date. 4of5 SOLICITATION NUMBER 11-024 SPECIFICATION NUMBER 11-885-00 DATED:MAY 2011 RESPONDENT'S REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: I ( O -,3L-'� "iff RESPONDENT'S NAME: Grenn4iv A so-,44NVrSJ- DATE: `7 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 6, i l✓U�, (t Name of Contact de. Title of Contact d4 gr�� E-Mail Address aV A-h." 0 w;�.�,,l. Present Address 1-2,9. /Z/:7/ City,State,Zip Code L,/6/ ( f f Tom- , W 3v--7 Telephone Number (ayp ) L9/ //S3 Fax Number: 2. Company's Name C,Cy oto A✓sAo s a e/ Name of Contact Title of Contact b y l71 E-Mail Address Present Address City,State,Zip Code 61�Jr6s� pk .7YVA 3 Telephone Number ;/g-2: Fax Number: 3. Company's Name G,//_y o ,;4- G•/o� / j X Name of Contact;,,,r Title of Contact Pvr�t.., E-Mail Address T,, Ca�n �� f t•,v �t mow✓. oJ^oti Present Addressf-- City, State,Zip Code Ty- Telephone Number (11-7 ) 317— Lfy 77 Fax Number:(xt 7 ) 3, 2 51.04 a FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. 5of5 ROUND ROCK,TEXAS PURPOSE.PASSION.PRWERM 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 Aide 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 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 Vendor i ture Date RETURN ONE COPY SIGNED COPY OF THIS7n -ND TO THE PURCHASING OFFICE WITH YOUR SEALED PROPOSAL. FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM CONSIDERATION FOR AWARD. IrROUNDROCK TEXAS moron.PROSPUM CITY OF ROUND ROCK,TEXAS INVITATION FOR BID FOR WATER TREATMENT CHEMICALS Solicitation No. 11-024 Addendum No.__j_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. 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? 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 shall have the option to enter into said agreement. Approved by Joy Baggett, Purchaser By the signatures affixed below,Addendum No.2 is hereby Inco orated in d made a part of the above referenced solicitation. ACKNOWLEDGED Vendor Aut d S' tore Date RETURN ONE COPY SIGNED COPY OF THIS AD ND O THE PURCHASING OFFICE WITH YOUR SEALED PROPOSAL FAILURE TO DO SO MAY UTOMATICALLY DISQUALIFY YOUR RESPONSE FROM CONSIDERATION FOR AWARD. Page 1 of 2 Gmail Calendar Documents Photos Reader Web more- ................ ...._.._..._... Show E Search Mail Search the Web -i I Create Mail Adjudication Made Simple-www.nhxs.com-Determine Patient Responsibility in the C Contacts _ Tasks Archive Spam i Delete i Move to : Labels More fail Fw: Solicitation#11-024 Water Treatment Chemicals Testing Re: compose mail x Inbox X Inbox r Buzz SFelsenthal@brenntag.com to me show details 11:46 AM(3 minutes agc Starred Important Can you print this page for me-- Sent Mail Joy Baggy 4baaoettDround-rock.tx.us> To'SFelsentheMbrennteo.com'<SFelsenthalk Drafts 00/27/2011 02:01 PM cc Subject Solicitation x`11-024 Water Treatment Chemic Personal Travel 6 more. Chat The chemical samples received for testing for Solicitation#11-024 Water Treatment Ch Search,add,or invite ! been tested and approved. Please submit this e-mail with your bid response. Alisha Casey Set status here Call phone bm.ausbu lu.susbu rv.ausbu lt st.ausbu Joy BaggePurchaser Veronica Ibarra Purchasing Department cb.ausbu 512-218-6682 jc.ausbu ibaogett9bround-rock.tx.us jessica.cougot DISCLAIMER AND NOTICE OF CONFIDENTIAL MATERIAL PLEASE READ This jm.ausbu any attachments or other files transmitted with it are CONFIDENTIAL and intended rick.crain use of the individual or entity to whom or to which they are addressed. If you are no recipient,or believe you have received this email in error,please do not read,copy, Invite a friend this communication to others;also please notify the sender by replying to this message,and then delete it and all accompanyi your system.Please verify that you will delete the e-mail In your reply.Please note opinions presented in this email are solely those of the author and do not necessari those of Brenntag or its affiliated companies. Neither Brenntag nor any of its affiliate accepts any liability for any damage caused by any virus transmitted by this email c attachments. Reply Forward https://mail.google.com/maiY?ui=2&viev --bsp&ver=ohhl4rw8mbn4 7/19/2011 Page 2 of 2 Adiudication Made Simple-Deterimine Patient Responsibility Ad in the Office. Free Demo-Call Now www.nhxs.com ED ..Archlve.. SpaDelete-] .'Move t© 0%full ®2011 Google-Terms&Privacy Last ac Using 1 MB of your 7606 MB Disable buzz https://mail.google.com/mail/?ui=2&view=bsp&ver=ohh]4rw8mbn4 7/19/2011 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://www.roundrocktexas.gov/homefindex asp?page=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:/ANww.roundrocktexas.gov/homefindex.asp?paqe=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 lbaag 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, http://www.roundrocktexas.gov/homerindex.asp?page=482. 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 cant'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 111 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. 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. I.S. 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 601 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. 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 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 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.11-1135 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 viae-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 5484 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 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 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 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. 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. 1.8. 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 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-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 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. 1.6. 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 6494 N.IH 36 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. 1.6 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 conned and 55 gallon drums. 1.8 Be delivered to the 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. 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 for the duration of the contract or purchase order resulting from a response to this bid/Specification insurance against claims for injuries 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 fumished 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 n po p � a once,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.