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R-11-12-15-11E3 - 12/15/2011
RESOLUTION NO.R-11-12-15-110 WHEREAS, the City of Round Rock has duly advertised for bids for the purchase of water treatment chemicals, and WHEREAS, Marubeni Specialty Chemicals, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Marubeni Specialty Chemicals, 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 Potassium Permanganate—Free Flowing From Marubeni Specialty Chemicals, Inc., a copy of said Agreement being attached hereto as Exhibit "A" and incorporated herein, and The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 15th day of December, 2011. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Secretary 0:\wdox\SCC1nts\0112\1104\MUNICIPAL\00239056.D0C/me EXHIBIT )TIJ CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF WATER TREATMENT CHEMICALS POTASSIUM PERMANGANATE-FREE FLOWING FROM MARUBENI SPECIALTY CHEMICALS,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 potassium permanganate - free flowing, 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 MARUBENI SPECIALTY CHEMICALS, INC., whose offices are located at 8675 Hidden River Parkway, Tampa, Florida 33637, 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 potassium permanganate - free flowing, and associated goods and services,and City desires to purchase same from Vendor; and WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods, and City has selected the bid submitted by Vendor; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights,duties, and obligations; NOW,THEREFORE,WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties mutually agree as follows: 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and Vendor whereby City is obligated to buy specified goods and Vendor is obligated to sell same. The Agreement includes the following: (a) City's Invitation for Bid designated IFB 11-024, Specification Number 11-885-00 dated May 2011; (b) Vendor's Response to IFB; (c) contract award; and(d) any exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: 00235026rjkg (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 Marubeni Specialty Chemicals, 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.goy/ppi/home.htm. Any price increase shall be requested by Vendor in writing and accompanied by the appropriate documentation to justify the requested increase. Vendor may offer price decreases in excess of the allowable percentage change. D. City reserves the right to review the relationship at any time, and may elect to terminate this Agreement with or without cause or may elect to continue. 2 3.01 CONTRACT DOCUMENTS AND EXHIBITS City selected Vendor as the integrator of choice to supply the goods as outlined in IFB 11-024, Specification Number 11-885-00 dated May 2011, and Response to IFB submitted by Vendor, all as specified in Exhibit "A" attached hereto and made a part hereof for all purposes. The intent of these documents is to formulate an Agreement listing the responsibilities of both parties as outlined in the IFB and as offered by Vendor in its Response to the IFB. The goods which are the subject matter of this Agreement are described in Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are fully a part of this Agreement as if repeated herein in full. 4.01 ITEMS AWARDED Only the bid item #7 on Exhibit "A," which is specifically indicated as potassium permanganate-free flowing, is awarded to Vendor. 5.01 COSTS Estimated annual usage quantity is 12,500 pounds, and the unit price is $2.15 per unit. Bid costs listed on Exhibit "A," which are specifically relevant to the referenced bid item #7, 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: Marubeni Specialty Chemicals, Inc. 8675 Hidden River Parkway Tampa, FL 33637 Notice to City: Assistant City Manager Stephen L. Sheets, City Attorney 221 East Main Street AND TO: 309 East Main Street Round Rock,TX 78664 Round Rock,TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Vendor. 22.01 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 23.01 EXCLUSIVE AGREEMENT This document, and all appended documents, constitutes the entire Agreement between Vendor and City. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing,duly authorized by action of the City Manager or City Council. 24.01 DISPUTE RESOLUTION If a dispute or claim arises under this Agreement, the parties agree to first try to resolve the dispute or claim by appropriate internal means, including referral to each party's senior management. If the parties cannot reach a mutually satisfactory resolution,then and in that event any such dispute or claim will be sought to be resolved with the help of a mutually selected mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a mediator 7 and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney fees,associated with the mediation shall be shared equally by the parties. City and Vendor hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14)or any applicable state arbitration statute. 25.01 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any such void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined to be void. 26.01 MISCELLANEOUS PROVISIONS Standard of Care. Vendor represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. Time is of the Essence. Vendor understands and agrees that time is of the essence and that any failure of Vendor to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Vendor's failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. Force Majeure.Neither City nor Vendor shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible as defined herein. However,notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original of this document; and all of which, when taken together, shall constitute one and the same instrument. 8 IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates indicated. City of Round Rock,Texas Mar pecialty Chem a s, By: By. r ... . Printed Name: Printed Name: AR Title: Title: BUSINESS MANAGER Date Signed: Date Signed: 10/20/11 Attest: By: Sara L. White, City Secretary For City,Approved as to Form: By: Stephan L. Sheets,City Attorney 9 t , Cl10913 -1 INVITATION FOR BID(1FB) CITY OF ROUND ROCK PURCHASING OFFICE 221 E.Main Street Round Rock,Texas 786645299 Solicitation Information: Responses are due to the Purchasing Office Water Treatment Chemicals at the above address 3:00 Solicitation Number 11-024 by 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 seated 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. low INVOICE TO: ailureWUnre rise s disquality response. CITY OF ROUND ROCK ACCOUNTS PAYABLE JULY 14, 2011 221 EAST MAIN STREET A ed Signature Date ROUND ROCK,TEXAS 78664-5299 RAOUF ISRANDAR Print Name Respond F.O.B.Destination,Freight prepaid and allowed unless otherwise specked below SEE 1.7 OF SOLICITATION INSTRUCTIONS DESTINATION: TAX ID NO.: CITY OF ROUND ROCK 13 3606423 VARIOUS LOCATIONS LEGAL BUSINESS NAMEXRUBEI SPECIALTY CHEI!IICALSI gC. ADDRESS: 8675 HIDDEN RIVER PKWY., TAMPA, FL 33137 CONTACT: NAM CLARK TELEPHONE NO 813-972-5959 BUSINESS ENTITY TYPE: CORPORATION E-MAIL: marubeni—usa.cam 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 violaled 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 OUANITY UNIT OF EXTENSION R CLASS A ITEM DESCRIPTION Estknated Annual MEASURE UsageUNIT PRICE Estknaled Annual Usage 1 855-00 CHLORINE(TON CYLINDERS) 200 TON No Bid 2 85500 CHLORINE(150 lb.CYLINDERS) 300 TON NO Bid SAMPLE TESTING REQUIRED 3 85500 LIOUIDALUMINUMSULFATE 1q0 DRYTON NO Bid SAMPLE TESTING REQUIRED 4 85500 287 DRY TON LIQUID ALUMINUM SULFATE w/2e/6 COPPER SULFATE NO Bid E HIBIT "A" 5 855-00 HYDROFLUOSLICIC ACID 23% 11.000 GALLON NO BID SAMPLE TESTING REQUIRED 8 LIQUID CAT IONIC POLYMER(55 GAL.DRUMS) 18.000 GALLON NO BID 7 855.00 POTASSIUM PERMANGANATE-FREE FLOWING 12.500 LBS 2.15 26,875.00 8 85500 POTASSIUM PERMANGANATE-LIQUID 12.500 LBS NO BID 9 855-00 SAMPLE TESTING REQUIRED BELT PRESS POLYMER(55 GAL.DRUMS) 1.320 GALLON NO BID 10 855-00 LIQUID AMMONIUM SULFATE(LAS) 30.000 GALLON NO BID 11 855-00 LIQUID AMMONIUM SULFATE(LAS)(55GAL DRUMS) 550 GALLON NO BID GRAND TOTAL 26,$75.00 DELIVERY IN Three (3) DAYS SOLICITATION INSTRUCTIONS ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF SOLICITATION ANY EXCEPTIONS THERETO MUST BE IN WRITING 1. SOLICITATION REQUIREMENTS: 1.1 Responding requires pr"per unit shown and exteefont. O bade discount Is shown an solicitation, 4 should be deducted and net I e extension shown Respondents guarantees product offered wit meet or exceed specifications identified in this Invitation For Bid PFB� 1.2 Solickations shat be submilted on Solicitation Sheet Each response shall be placed in a separate am*"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 idandfied wit be returned to respondent unopened. Late responses wit not be considered. 1.4 Respond F.O.B.destination.freight,prepaid.d allowed unless otherwise specified on the sotck don. If otherwise.show exact cost to deliver. 1.5 Response shat show unit price on quantity and unit of measure specified,extension and show total. In case of enors in extersion,unit prices shat govern. Responses subject to urdmited price increase wit not be considered. 1.6 Submitted pricoa shat be firm for acceptance 30 days from solicitation opening date. 'Discount foam list responses are not acceptance unless requested. Cash discount will not be considered in determining the low response. AN cash discounts offered wit be taken t earned. 1.7 Responses shall give Tax Identification Number.pill name and address of respondereL Failure b sign will disqualify response. Person signing response shat show title and authority to bind signatories firm in an agreement Firm name should appear on each page in the block provided in the upper right comer. Business Entity shat be one(1)of the following:Individual,Partnership.Sok Proprietorship,EstatelTnaL Corporation.Govemmertal.Nan-proft.at others shat 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 atoned or amended after opatng time. Any Alterations made before opw*g time shot be initiated by respondent or an authorized agent. No response can be withdrawn aper 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 n*d all or any part of response.waive minor technicaliles and award tine response to best serve the interests of the City.Split awards may be made at the sob discretion of the City. 1.11 Consistent and continued tie responses could alae rejection of responses by the City and/or irwesbgation for artibust violations. 1.12 Tekphore,facsimile.and electronically transmitted responses are riot acceptable in response to the solicitation_ 1.13 CAUTION:SoNdpBat invitation slows sufficient rime for receipt of the preferred mal response. The City shall not be responsible for responses received late,"[a. incomplete,or o0nerwise non-responsive. 2. SPECIFICATION: 2.1 Any cataki%brand name or manufacturers reference used in the solicitation is descriptive only(nal restrictive),and is used to indicate type and quality desired. Responses on brands of We nature and quality wit be considered unless advertised under One provisions of Section 252.022 of Oe Texas Local Government Code. If other than brand(s)specified is offered,illustrations and complete descriptions of product offered are requested to be made a part of the response. if respondent takes no exceptions to spespecificationsspecificationsa reference data in response,respondent will be required to lumish brand names,numbers,etc.,as specified in the solicitation. 2.2 At items on the solicitation shat be new.in first class condition.Including containers suitable ler shipment and storage,unless otherwise indicated in the solicitation. Verbal agreements to One contrary will rat be recognized. 2.3 Samples,when requested,must be l rrtshed bee of expense to On City. O 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 wit not be bond by any oral statement or mVmssrtsdion contrary to it*written specifications of the soic abon. 2.5 Manufacturers standard warranty shat appy unless oOnenvuise stated in One solicitation. 3. TIE RESPONSES: In ase of tie responses,One award will be made in accordance with Section 271.901 of One Texas Local Government Code. 4. DELIVERY: 4.1 Response"show number of days required to plea material in City's designated location under normal conditions. Failure to state delveirtime obligates respondent .. to complete delivery In fourteen(14)calendar days. Unrealistically short or brig delivery promises may cause response to be disregarded. Cons.1dett failure to meet tie"promises without valid reason may cause removal from Venda list.(See 4.2 bowing.) 4.2 If delay is foreseen,Vendor shat give written notice to the City,The City has One richt to extend delivery date if reasons appear valid. Vendor shat keep One City advised al all limes of stabs of order. Default in promised delivery(without acceptable masons)or folure to meet specifications,authorizes the C4 to purchase supplies elsewhere and charge full increase,If any,in cost and handing to defaulting Vendor. 4.3 No subelltudons or cancellations permitted witaut wren approval of One City. 4.4 Delivery shat be made during normal waking hours only.unless prior approval for late delivery has been obtained from One City.unless otherwise specified in the solicitation. 5 INSPECTION AND TESTS: At goods will be subject to Inspection and test by the City to the extent practicable at at Ones and places. Authorized City personnel shall have access to any supplier's place of business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with One from regular shipments. O the products tested fat to meet or exceed at conditions and requirements d the responseeua on samples liken t sial be home One � Nom,the cost d the sample used and the cost d the testing by suppler. Goods.which have been delivered and rejected in whale or in part,may,at the C4ys option,be retuned to the Vendor or held ler disposition at Vendors risk and expense. Latent defects may result in revocation of acceptance. 6. AWARD OF AGREEMENT: A response to a solicitation is an offer to contract with the City based upon the terms,conditions,and specifications contained in the sorcitation. 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 Owl be governed,construed,and interpreted under the Charter of the City and One laws of State of Texas. At agreements or purchase orders are subject to the approval of One City Council or Manager. 7. PAYMENT:Vendor shat submit three(3)copies of an invoice showing the agreement or purchase order number on at copies. 8. PATENTS AND COPYRIGHTS:The Respondent agrees to proted the City from claims invdvirg infringements gements d patents or copyrights- 9 RESPONDENT ASSIGNMENTS: Respondent hereby assigns to One purchaser arty and ell claims ler overcharges associated with Ott agreement which arise uder the an dru t laws of Oe State of Texas.TX.Bus.And Comm.Code Ann.Sec.15.01,at seq.(1964 10 RESPONDENT AFFIRMATION: 10.1 Slgnig the response with a Was statement is a Maw"breach Of agreement and shot void the wbfndted response of any msuling agreements,and the Respondent shat be removed from all Vendor Ists. By signatu t hereon afted.Our respondent hereby certifies that 10.2 The respondent has not given,offered to give,nor intends to on any time twwffer any economic opportunity.futuure employment.gilt ban,gratuity,special dscaat, alp.favor,or sella to a public sera t is connection with the submitted response. 10.3 The respondent is not currently delinquent it the payntart of any,debt owed the City 10.4 NeiMat the respondent far the firm.ocrpomdor%parinarthip,or any entity represented by the respondent,or anyone acting for such firm,corporation.or ontity,has viokle0 site arm laws of this State codified it Section 15.01 eL Sail.Texas Business and Commercial Code,or Vie Federal Antitrust Laws,nor communicated directly of irdi ictly the response made to any compet4a,or arty other person engaged in such ine of business. 10.5 The respondent has not received oampersaton for participation in the preparation of the specification for One solicitation. 11 NOTE TO RESPONDENTS: Any terms and uzrdftlons attached to response wit not be considered unless the respondent specifically references Oram on One frac of the response form.WARNING:Such toms and tarhdtiern may result in disqualification of the response(e.g.responses with the laws of a state~than Texas requirements for prepayment.Limitations on mmedies,etc.)The City of Round Rode can only accept responses which contain all the tarns and conditions of is formal solicitation;in particular, al respordenfs'affrm odams and eaWk adans must be inducted Submission of responses on forms sties than City's form may result in ditgwikadon of your response. 12 INQUIRIES inquiries perbi A to Solicitation invitations must give Solicitation number,codes.and opening data 4of5 SOLICITATION NUMBER 11-024 SPECIRCATION NUMBER 11-885-00 DATED:MAY 2011 RESPONDENT'S REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: 11-024 RESPONDENT'S NAME: MARUBENI SPCIALTY CHEMI JULY 18, 2011 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. SEW ATTACKED SHEET. 1. Company's Name Name of Contact Title of Contact E-Mail Address Present Address City,State,Zip Code Telephone Number. ( ) Fax Number.( ) 2. Company's Name Name of Contact Title of Contact E-Mail Address Present Address City,State,Zip Code - Telephone Number ( ) Fax Number:( ) 3. Company's Name Name of Contact Title of Contac E-Mail Address Present Address City,State,Zip Code Telephone Number ( ) Fax Number.( ) FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. 5d5 <e> MARUBENI SPECIALTY CHEMICALS INC. 8675 Hidden River Parkway Tampa,FL 33637 Phone: 813-972-5959 Fax: 813-632-3301 REFERENCES City of LaGrange,GA Rob!Higgins Bowles,CPPD,Purchasing Agent P.O.Box 430 LaGrange,Georgia 30241 Phone: 706-883-2046 Fax: 706-883-2191 Email: rbowles@laeranae-ea.ore Logansport Municipal Utilities Water&Wastewater Department James A.Jackson,Manager Sixth and Broadway Logansport, IN 46947 Phone: 574-753-6231 Fax: 574-753-4644 City of Bethlehem,PA D. Brong,Water&Sewer Services 10 East Church Street Bethlehem,PA 18018-6025 \� Phone: 610-865-7011 u Fax. 610-865-7205 / dbrone@bethlehem-pa.sov • <e> arubnni MATERIAL SAFETY DATA SHEET Marubeni Special Chemicals Inc 8675 Hidden River Parkway Tampa, FL 33637 Phone: 813-972-5959 Fax: 800-640-1616 Emengency Phones CHEMTREC: 800-424-9300 POTASSIUM PERMANGANATE RQ, DRUMS SECTION 1 -MATERIAL IDENTIFICATION Product Name: Potassium Permanganate Chemical Family: Not available. Material Use: Not available. SECTION 2- INGREDIENT INFORMATION C.A.S Concentration Ingredient Name T.L.V. LD/50 LC/50 1090 MG/KG RAT ORAL 7722-647 100 POTASIUM PERMANGANATE 0.2 MG/M3(MN) NOT AVAILABLE 2157 MG/KG MOUSE ORAL SECTION 3-HAZARD IDENTIFICATION Emergency Overview: Purple-bronze,odorless crystals DANGER!Strong Oxidizer.Contact with other material may cause fire DANGER!Corrosive Harmful if swallowed or inhaled Route of Entry: Skin contact,eye contact,inhalation and ingestion. Effects of Acute Exposure Eye Contact: Sever irritation,redness,tearing,blurred vision Causes severe or permanent damage. Skin Contact: Dry crystals and concentrated solutions are caustic causing redness,pain,severe burns, brown stains in the contact area and possible hardening of outer skin layer. Diluted solutions are only mildly irritating to the skin. Inhalation: Harmful if inhaled. Irritation of the respiratory tract. May cause pulmonary edema. May cause shortness of breath and coughing. Ingestion: May cause bums of the gastrointestinal tract. May cause kidney damage. May cause burns of the throat. May cause anemia. May be fatal. May cause nausea and vomiting. Causes severe gastrointestinal irritation t � � POTASSIUM PERMAINGANATE RQ, DRUMS Harmful if swallowed May cause abdominal pain May cause shock. May cause low blood pressure. Effects of Chronic Exposure: Prolonged or repeated skin contact may cause dermatitis. Prolonged or repeated skin contact may cause irritation and defatting. Overexposure to manganese compounds may affect the central nervous system,symptoms of which are languor(lack of energy),sleepiness,muscular weakness,emotional disturbances and spastic gait. Medical Conditions aggravated by Not available. exposure: Carcinogenic Effects Not listed as a carcinogen Target organs: Not available. SECTION 4-FIRST AID MEASURES Skin Contact: Immediately flush skin with plenty of water while removing contaminated clothing and shoes.Consult a physician immediately. Eye contact: Immediately flush eyes with large amounts of water for at least 15 minutes,lifting upper and lower lids.Get prompt medical attention. Inhalation: Remove victim to fresh air.If breathing is difficult administer oxygen.If not breathing have qualified person give artificial respiration.Obtain medical attention. Ingestion: Get medical attention immediately. Give large quantities of water to drink. Do not induce vomiting. Never give anything by mouth to an unconscious person. Additional Information The above information is believed to be correct but does not purport to be all inclusive and shall be used only as a guide.This company shall not be liable for any inaccuracies. Note to Physician: No specific antidote,treat symptomatically. SECTION_5-FIRE FIGHTI_NG MEASURES Flammability: String oxidizer. Conditions of Flammability: Contact with reducing agents or combustibles. Heat,sparks,and open flames. Extinguishing media: Water spray. Suffocating type extinguishers are not as effective as water. Special Procedures: Firefightes should wear the usual protective gear. Prevent from entering sewers or waterways. Wear a self-contained breathing apparatus with full face piece,positive pressure or pressure demand. Use water spray to cool fire exposed containers. Water spray may be used to flush spills away from exposure and to dilute spills to nonflammable mixtures. Fight fire from a safe distance. May increase the flammability of adjacent combustible materials. Auto-ignition temperature(°C): Not applicable. Flash Point(°C),method: Not applicable. Lower flammability limit(%vol.) Not applicable. Upper flammability limit(%vol.) Not applicable. Explosion Data Sensitivity to static discharge: Not available. Sensitivity to mechanical impact: Protect against physical damage. Hazardous combustion products: Toxic metal fumes. Rate of burning: Not available. Explosion power: Closed containers may rupture or explode due to pressure build-up when exposed to extreme heat. May act as initiation source for dust or vapor explosions. 2 ' POTASSIUM PERMANGANATE RQ, DRUMS SECTION 6-ACCIDENTAL RELEASE MEASURES Leak/Spill: Eliminate all sources of heat and ignition. Ventilate area. Wear appropriate protective equipment. Use non-sparking tools. Avoid generating airborne dust. Reduce airborne dust by moistening with water. Pick up spill for recovery or disposal and place in a closed container. SECTION 7-HANDLING AND STORAGE Handling Procedures&Equipment: Protect against physical damage. Keep away from heat,sparks,and open flame. Use adequate ventilation. Wash thoroughly after using,particularly before eating or smoking. Wear personal protective equipment appropriate to task. Refer to container labels. Empty containers containing residue may cause a hazard. Destroy or thoroughly clean contaminated shoes. Avoid contact with skin,eyes and clothing. Launder contaminated clothing prior to reuse. Storage requirements: Store away from all sources of ignition. Store away from incompatible materials. Keep away from oxidizing materials Protect from moisture. Avoid storage on wood floors. Store in a cool,dry and well ventilated area. Store away from organic material. SECTION 8-EXPOSURE CONTROLS/PERSONAL PROTECTION Precautionary Measures Glove/Type: Impervious gloves Respiratory/Type: Warning:air-purifying respirators do not protect workers in oxygen-deficient atmospheres. For conditions of use where exposure to dust or mist is apparent and engineering controls are not feasible,a particulate respirator(NIOSH type N95 or better filters)may be worn. If oil particulates(e.g.lubricants,cutting fluids,glycerin,etc)are present,use a NIOSH type R or P filter. For emergencies or instances where the exposure levels are not known,use a full-face positive-pressure,air-supplied respirator. Eye/Type: Chemical safety goggles and/or full face shield. Footwear/Type Impervious boots. Clothing/Type Lab coat. Impervious clothing(apron,coveralls) Other/Type Eye wash facility should be in close proximity. Emergency shower should be in close proximity. Ventilation Requirements: Explosion proof ventilation. Local exhaust at point of emission preferred. Local exhaust and/or general ventilation. Exposure limit of material: Not available for mixture,see ingredients section. SECTION 9-PHYSICAL AND CHEMICAL PROPERTIES Physical State: Solid Appearance&Odor: Odorless. Purple-bronze crystals Odor threshold(ppm): Not applicable 31r POTASSIUM PERMANGANATE RQ, DRUMS Vapor pressure(mmHg): Not applicable. Vapor Density(air-1): 5.40 Volatiles M) By Volume: 0 @ 21°C(170°F) By Weight: Not available. Evaporation rate(butyl acetate= 1): Not available. Boiling Point(°C): Not applicable. Freezing Point(°C): (melting point).. -240°C(-464°F) pH: Not available. Specific gravity @ 20°C: (density) 2.7 Solubility In water(%): 7g in 1 OOg of water Coefficient of water\oil dist.: Not available. SECTION 10-STABLITY AND REACTIVITY Chemical stability: Product is stable under normal handling and storage conditions. Conditions of instability: Heat sparks&open flames. All ignition sources. Hazardous polymerization: Will not occur Incompatible substances: Alcohols. Powdered metals. Peroxides. Hydrogen peroxide. Phosphorus. Sulfuric acid. Sulfites. Bromides. Organic compounds. Hydrides. Activated carbon. Sulfur. Hypophosphites. Arsenites. Iodides. Ferrous or mercurous salts. Hyposulfites. Oxalates. Hazardous decomposition products: See hazardous combustion products. SECTION 11 -TOXICOLOGICAL INFORMATION LD50 of product,species& route: Not available for mixture,see the ingredients section. LC50 of Product,species&route: Not available. Sensitization to product: Not available. Reproductive effects: Not available. Teratogenicity: Not available. Mutagenicity: Not available. Synwosde materials: Not available. SECTION 12- ECOLOGICAL INFORMATION Environmental Toxicity: Maybe toxic to aquatic life. Environmental fate: No data at this time. POTASSIUM PERMANGANATE RQ, DRUMS SECTION 13- DISPOSAL CONSIDERATIONS Waste disposal: In accordance with municipal,state and federal regulations. Whatever cannot be saved for recovery or recycling should be handled as hazardous waste and sent to RCRA approved waste facility. SECTION 14-TRANSPORT INFORMATION D.O.T.Classification: POTASSIUM PERMANGANATE UN 1490 Class 5.1 PGI I Special shipping Information: See transportation information. SECTION 15-REGULATORY INFORMATION TSCA inventory: Appears. SARA Section 313: Potassium permanganate(7722-64-7) SARA hazard categories selection Immediate(Acute)Health Hazard:Yes. 311/312: Delayed(Chronic)Health Hazard: Yes. Fire Hazard: No. Reactive: No. CERCLA reportable quantity: Potassium Permanganate(7722-64-7)—100 lbs. NFPA Health Hazard: 1 Flammability: 0 Reactivity: 0 Specific Hazard: Oxidizer. CA Proposition 65: None. SECTION 16-OTHER INFORMATION Supplier MSDS Date: 06/23/2003 This information is furnished without warranty,representation,inducement or license of any kind,except that it is accurate to the best of Marubeni Specialty Chemicals Inc acknowledgement or obtained from sources believed by Marubeni Specialty Chemicals Inc to be accurate,and Marubeni Specialty Chemicals Inc.does not assume any legal responsibility for use or reliance upon same. Customers are encouraged to conduct their own tests.Before using any product,read its label. 51 Marubeni Specialty Chemicals,Inc. 8675 Hidden River Parkway Tampa FL,33637 Phone:813-972-5959 Fax:813-632-3301 SPECIFICATION SHEET POTASSIUM PERMANAGANTE FREE FLOW GRADE PRODUCT SPECIFICATIONS Particle Size 20% max. retained #40 Mesh (0.425 mm) 7.0% max. passes#200 mesh (0.75 mm) Purity(Kmn04) 97.00% min. Moisture (H2O) 0.50% max. Chloride (CL) 0.10% max. Sulfate(SO4) 0.20%max. Insoluble Matters 1.7% max. Cadmium 100 mg/kg max. Chromium 500 mg/kg max. Mercury 10 mg/kg max. Bulk Density 90100 lbs/cf Water Tolerance Test As per AWWA B603—98 NSF Certified As per NSF/ANSI Standard 60 NSF Certified Products- Public Water Supply Treatment Chemicals Page 1 of 2 NSF Product and Service Listings These NSF Official Listings are current as of Tuesday,July 05,2011 at 12:15 a.m. Eastern Time. Please contact NSF International to confirm the status of any Listing,report errors,or make suggestions. Alert:NSF is concerned about fraudulent downloading and manipulation of website text. Always confirm this information by clicking on the below link for the most accurate information: hitp://www.nsf org/Certifed/PwsChemicals/Listings asp?Company=OK570& NSF/ANSI STANDARD 60 Drinking Water Treatment Chemicals - Health Effects Universal Chemicals & Industries Private Limited 507, Raheja Centre 214 Nariman Point Mumbai,400 021 India 9122 22 84 44 28 Facility : Ambernath, India Potassium Permanganate(POI Trade Designation Product Function Max Use Potassium Permanganate Disinfection&Oxidation 50mg/L Oxidant (POJ The finished drinking water shall be monitored to ensure that levels of manganese do not exceed 0.05 mg/L. Facility : Dahej, Gujarat State, India Potassium Permanganate[POI Trade Designation Product Function Max Use http://www.nsforg/Certi fied/PwsChemicals/Listings.asp?Company--OK570& 7/5/2011 NSF Certified Products- Public Water Supply Treatment Chemicals Page 2 of 2 w Potassium Permanganate Disinfection&Oxidation 50mg/L Oxidant (POI The finished drinking water shall be monitored to ensure that levels of manganese do not exceed 0.05 mg/L. Number of matching Manufacturers is 1 Number of matching Products is 2 Processing time was 0 seconds • Search Listings • News Room • About NSF • Careers • NSF Mark • Client Log-In • Privacy Policy • Site Map • Request Info • Contact Us • Copyright©2004 NSF Intemational. http://www.nsf org/Certified/PwsChemicals/Listings.asp?Company=OK570& 7/5/2011 MARUBENI SPECIALTY CHEMICALS, INC. 8675 HIDDEN RIVER PARKWAY-TAMPA, FL 33637 TELEPHONE:(8 13)972-5959 FACSIMILE:(813)632-3301 July 18,2011 City of Round Rock,Texas Purchasing Office 221 East Main Street Round Rock,TX 78664 RE: SOLICITATION NUMBER: 11-024 WATER TREATMENT CHEMICALS On behalf of Marubeni Specialty Chemicals, Inc. I am pleased to submit the enclosed bid proposal. Please advise Bid Award to clark-m@marubeni-usa.com. Best regards, Ma Cl k Enclosures: 1 Original Bid Document 3 Copy Bid Documents 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'RespondenY,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.roundrocldexas.gov/hom-erindex.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://www.roundrocktexas.goy/homeriindex.asp?page=462. 4. CITY CONTACT FOR SOLICITATION CLARIFICATION:For clarification of specifications, Respondents may contact: Joy Baggett Purchaser Purchasing Division City of Round Rock Telephone: 512-218-6682 IbaQgettfround-rock.tx.us The individual above may be contacted for clarification of the specifications of this solicitation only.No authority is intended or implied that specifications may be amended or alternates accepted prior to dosing date without written approval of the City's Purchasing Department. Under no circumstances will private meetings be scheduled between Respondents and City staff. 1 of 4 SOLICITATfON 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 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/homeriindex.asp?page=462. Questions shall be submitted to the City contact named above. The City reserves the right to modify these dates. Notice of date change will be posted to the City website. 2. DUE DATE: Signed and sealed responses are due to the Purchasing Department on the due date noted above. Mail or carry sealed responses to: City of Round Rock,Texas Purchasing Office 221 E.Main Street Round Rock,Texas 78664-5299 2.1 Responses received after this time and date will not be considered. 2.2 Sealed responses should be dearly 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 Respondents disqualification. 4.4 Identify any subcontractors to be used for this project. Experience,qualifications and references of the sub contractors shall be submitted. The City reserves the right to approve or disapprove any and all subcontractors prior to any work being performed. PART III SPECIFICATIONS 1. PURPOSE:The City of Round Rock,herein after`City',seeks to establish a multiple year Agreement with a qualified person,firm or corporation,herein after"Respondent,to provide all equipment,material and labor necessary to supply and deliver various water supply treatment chemicals for treating potable water supplies located at various locations throughout the City. 2. RAW WATER CHARACTERISTICS Constituent Average Concentration or Range Hardness 160 to 180 mg/L Turbidity 1.5 to 4.0 NTU Alkalinity 165 to 185 mg/L Temperature 10 to 30 degrees Celsius pH 7.2 to 7.8 3. CHEMICAL SPECIFICATIONS: All chemicals specified herein shall meet with the intended use, critical requirements and delivery specifications outlined on ATTACHMENT A,herein made a part of this solicitation. 4. CHEMICAL TESTING: Sample testing shall be required for Liquid Aluminum Sulfate,Liquid Aluminum Sulfate with 2%Copper Sulfate,Liquid Cationic Polymer,and Belt Press Polymer prior to response submission. 4.1 Testing instructions are specified on ATTACHMENT A,herein made a part of this solicitation. 4.2 Testing results will be provided to Respondents via e-mail no later than June 28,2011. 4.3 Chemical approval notification from the City shall be submitted with response. Failure to submit samples for testing and/or failure to submit approval documentation from the City may disqualify a response for consideration for award. 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 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 Rods. 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. I.G. Not to exceed 10 ppm lead, 1 ppm mercury,3 ppm arsenic or 30 ppm of the sum of all heavy metals. 1.6. Be in conformance with all applicable federal,state and local laws. 1.7. Have a certified weight ticket. 1.8. Be in clean,properly identified and labeled vehicles used only for the transport and delivery of chlorine. 1.9. Use City owned equipment(e.g.;hoist apparatus,hand truck,eta) 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,Ina standards. 2.2. Open with reasonable ease,using a wrench not greater than six intim 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 dearly visible and legible. 3. The successful Respondent shall maintain a twenty-four(24) hour emergency service for liquid chlorine emergencies that includes,at a minimum,the following: 3.1. Trained and certified personnel in hazardous materials response that shall be on-site within two(2) hours of emergency notification from the City. 3.2. 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 7. 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,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 conned. 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 24nch female quick conned. 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 2311/6 1. All Hydrofluosilidc Add 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%HydrofluosilidcAcid. 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 hydrofluosilidc add. 1.7. Be delivered into a bulk storage tank through a standard 2-inch female quick connect 1.8. Be delivered to: Wager Plant 5494 N.IH 35 Round Rock,Texas 78681 And Lake Creek Well Site 501 S.Mays Round Rock,Texas 78664 2. The successful Respondent shall maintain a twenty-four(24)hour emergency service for hydrofluosilicic add emergencies that includes,at a minimum,the following: 2.1. Trained and certified personnel in hazardous materials response that shall be on-site within two(2) hours of emergency notification from the City. 2.2. All necessary equipment and apparatus for managing and remediating an emergency leak or release of hydrofluosilidc add. COAGULANT AID(LIQUID CATIONIC POLYMER) NOTE: Because the quality of the City's raw water changes periodically,the City is interested in receiving bids for various weights of polymer. Data characterizing the raw water quality Is included in Part 111,Para.No.8 for use in 3 of 6 product selection. Respondents may also submit polymer blends. The following specifications apply to all coagulant aids: 1. All Liquid Cationic Polymer shall: 1.1. Have a high molecular weight. 1.2. Be cationic. 1.3. Be a liquid that is readily soluble in water at all concentrations. 1.4. Be effective over a pH range of 5.0 to 7.0 Standard Units. I.S. Be effective over a temperature range from five degrees Celsius to 30 degrees Celsius. 1.6. Be resistant to chlorine. 1.7. Contain no less than.35 percent water soluble iron. 1.8. Be free of insoluble and suspended matter,including but not limited to:chips,dirt,grit and all other foreign matter. 1.9. Possess adequate clarity for the easy reading of measuring devices. 1.10. Be delivered In conformance with all applicable federal,state and local laws. 1.11. Have a certified weight ticket. 1.12. Be in 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-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 6494 N.IH 35 Round Rock,Texas 78681 4 of 6 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. Prooedures 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. I.S. Be effective over a temperature range from five degrees Celsius to 30 degrees Celsius. 1.6. Contain no less than.35 percent water soluble iron. 1.7. Be free of insoluble and suspended matter,including but not limited to:chips,dirt,grit and all other foreign matter. 1.8. Possess adequate clarity for the easy reading of measuring devices. 1.9. Achieve a belt filter cake that is at least 93%solids at optimum dosing rates. 1.10. Be delivered in conformance with all applicable federal,state and local laws. 1.11. Have a certified weight ticket. 1.12. Be in clean,properly identified and labeled fifty-five gallon drums. 1.13. Be delivered to: Water Plant 5494 N.IH 35 Round Rock,Texas 78681 2. Special Requirements 2.1. Respondents wishing to submit bids for Belt Press Polymer shall obtain product approval from the City prior to submitting a bid. 2.2. Respondents must ship,at their own expense,a sample of the product to be bid to: Kim Lutz 2008 Enterprise Dr. Round Rock,TX 78664 2.3. The quantity of the sample product must be at least five(5)gallons and must be received at the above address no later than 4:00 p.m.,on June 14,2011. Results will be provided via-e-mail by June 28,2011. LIQUID AMMONIUM SULFATE(LAS) 1. All Liquid Ammonium Sulfate delivered shall 1.1 Contain no soluble mineral or organic substances in quantities producing deleterious or injurious effects on the health of persons consuming water that has been treated properly with chlorine. 1.2 Contain 10%ammonia(NH3). 1.3 Be completely soluble in water. 1..4 Be delivered in conformance with all applicable federal,state and local laws. 1.5 Have a certified weight ticket 5 of 6 1.6 Be in dean,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 quids 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. IA, 6of6 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/Soecification insurance against claims for iniuries 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 fumished 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. I.S. 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 insureds,(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 Attomey 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(I'WCC-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 otherfiWce 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 shgM-,Sn 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,orcausing 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. ROUND ROM MAS City Council Agenda Summary Sheet PURPOSE.PASSION.PROSPERIf1C Agenda Item No. *11E3. Consider a resolution authorizing the Mayor to execute an agreement for the purchase of Agenda Caption: Potassium Permanganate—Free Flowing from Marubeni Specialty Chemicals, 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. Five bids were received for Potassium Permanganate - Free Flowing. Marubeni Specialty Chemicals, Inc. was the low bidder. Potassium Permanganate is used to remove taste and odor in surface water. Cost: $26,875 Source of Funds: Utility Fund Date of Public Hearing(if required): N/A Recommended Action: Approval EXECUTED DOCUMENTS FOLLOW 1 CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF WATER TREATMENT CHEMICALS POTASSIUM PERMANGANATE -FREE FLOWING FROM MARUBENI SPECIALTY CHEMICALS,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 potassium permanganate - free flowing, 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 bgC4*u oo-r -, 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 MARUBENI SPECIALTY CHEMICALS, INC., whose offices are located at 8675 Hidden River Parkway, Tampa, Florida 33637, 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 potassium permanganate - free flowing, and associated goods and services, and City desires to purchase same from Vendor; and WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods, and City has selected the bid submitted by Vendor; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties, and obligations; NOW,THEREFORE,WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties mutually agree as follows: 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and Vendor whereby City is obligated to buy specified goods and Vendor is obligated to sell same. The Agreement includes the following: (a) City's Invitation for Bid designated IFB 11-024, Specification Number 11-885-00 dated May 2011; (b) Vendor's Response to IFB; (c) contract award; and (d) any exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: 00235026/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 Marubeni Specialty Chemicals, 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 hi tp:Hstats.bls. og_v/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 #7 on Exhibit "A," which is specifically indicated as potassium permanganate -free flowing, is awarded to Vendor. 5.01 COSTS Estimated annual usage quantity is 12,500 pounds, and the unit price is $2.15 per unit. Bid costs listed on Exhibit "A," which are specifically relevant to the referenced bid item #7, 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: Marubeni Specialty Chemicals, Inc. 8675 Hidden River Parkway Tampa, FL 33637 Notice to City: Assistant City Manager Stephen L. Sheets, City Attorney 221 East Main Street AND TO: 309 East Main Street Round Rock, TX 78664 Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Vendor. 22.01 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 23.01 EXCLUSIVE AGREEMENT This document, and all appended documents, constitutes the entire Agreement between Vendor and City. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing, duly authorized by action of the City Manager or City Council. 24.01 DISPUTE RESOLUTION If a dispute or claim arises under this Agreement, the parties agree to first try to resolve the dispute or claim by appropriate internal means, including referral to each party's senior management. If the parties cannot reach a mutually satisfactory resolution, then and in that event any such dispute or claim will be sought to be resolved with the help of a mutually selected mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a mediator 7 and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney fees, associated with the mediation shall be shared equally by the parties. City and Vendor hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14)or any applicable state arbitration statute. 25.01 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any such void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined to be void. 26.01 MISCELLANEOUS PROVISIONS Standard of Care. Vendor represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. Time is of the Essence. Vendor understands and agrees that time is of the essence and that any failure of Vendor to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Vendor's failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. Force Majeure.Neither City nor Vendor shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible as defined herein. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original of this document; and all of which, when taken together, shall constitute one and the same instrument. 8 IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates indicated. City of Ro Rock,Tex s Mar pecialty Chem as, By: By. _._ Printed Name: Printed Name: AR Title: Title: BUSINESS MANAGER Date Signed: • �.( Date Signed: 10/20/11 Attest: By: (R�- � ftfffL Sara L. White, City ecretary For City,Approved as to Form: By: Step an . Sheets,City Attorney 9 t , Cl 0913 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 dale&solicitation number in lower lett 221 E.Main Street hand comer of sealed response envelope with return address of Council Chambers responding film. Round Rock,TX 78664 Facsimile and e-mail responses shall not be accepted. Return signed one original and three copies of response. low INVOICE TO: ailure(o3Tttnre• nse sh disqualify response. CITY OF ROUND ROCK ACCOUNTS PAYABLE JULY 14, 2011 221 EAST MAIN STREET Au ed Signature Date ROUND ROCK,TEXAS 78664-5299 RAODF ISBANDAR Print Name Respond F.O.B.Destination,Freight prepaid and allowed unless otherwise specked below SEE 1.7 OF SOLICITATION INSTRUCTIONS DESTINATION: TAX ID NO.: CITY OF ROUND ROCK 13 3606423 VARIOUS LOCATIONS LEGAL BUSINESS NAMEIMUBENI SPECIALTY CHEMICALS INC. ADDRESS: 8675 HIDDEN RIVER PKW., TAMPA, n 33 37 CONTACT: MARTY CLARK TELEPHONE NO. 813-972-5959 BUSINESS ENTITY TYPE: CORPORATION E-MAIL: clark-m@marubeni-usa.com 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 e1 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 Esrimaled Annual Usage Usage 1 855-00 CHLORINE(TON CYLINDERS) 200 TON No Bid 2 855-00 CHLORINE(1501b.CYLINDERS) 300 TON No Bid SAMPLE TESTING REQUIRED 3 B55-00 LIQUID ALUMINUM SULFATE 1qo DRYTON No Bid SAMPLE TESTING REQUIRED 4 855-00 287 DRY TON LIQUID ALUMINUM SULFATE w/2%COPPER SULFATE NO Bid EXHIBIT "An 5 85500 HYDROFLUOSILICICACID 23% 11,000 GALLON NO BID SAMPLE TESTING REQUIRED 6 &55.00 LIQUID CATIONIC POLYMER(55 GAL.DRUMS) 18.000 GALLON NO BID 7 855-00 POTASSIUM PERMANGANATE-FREE FLOWING 12,500 LBS 2.15 26,875.00 8 855-00 POTASSIUM PERMANGANATE-LIQUID 12,500 LBS NO BID SAMPLE TESTING REQUIRED 9 &55.00 BELT PRESS POLYMER(55 GAL.DRUMS) 1,320 GALLON NO BID 10 &55.00 LIQUID AMMONIUM SULFATE(LAS) 30,000 GALLON NO BID 11 855.00 LIQUID AMMONIUM SULFATE(LAS)(55 GAL.DRUMS) 550 GALLON NO BID GRAND TOTAL 26,875.00 DELIVERY IN Three (3) DAYS SOLICITATION INSTRUCTIONS ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF SOLICITATION ANY EXCEPTIONS THERETO MUST BE IN WRITING 1. SOLICITATION REQUIREMENTS: 1.1 Responding requires pricing per unit shown and extensions. I trade discount is shown on solicitation, it should be deducted and net line extensions shown Respondents guarantees product offered wit meet or exceed specifications identified in this Invitation for Bid pFB). 1.2 Solicitations shag be submitted of Solicitation Sheet Each response shall be placed in a separate envelope completely and property idenlYied. Responses must be in the Purchasing Department before the hour and data specified on the solicitation. 1.3 Late responses property Identified will be retumed to respondent unopened. Late responses will not be considered. 1.4 Respond F.O.B.destination.freight,prepaid,&allowed unless otherwise specified on the solicitation. I otherwise,show exact cost to deliver. 1.5 Response shag show unit price on quantity and unit of measure specified,extension and show total. In ease of mors in extension,unit prices shag govem. Responses subject to uriIrnred price increase will not be considered. 1.6 Submitted prices shag be firm for acceptance 30 days from solicitation opening date. `Discount from List"responses are not acceptance unless requested. Cash discount wit not be considered In determining the low response. All cash discounts offered will be taken 9 earned. 1.7 Responses shall give Tax identification Number,full name and address of respondent. Failure to will sign disqualify sq KY response. Person signing response shag slaw tiffs and authority to bed signatories firm in an agreement Finn name should appear on each page n the block provided in the upper right comer. Business Entity shall be one(1)of the following:Individual,Partnership,Sole Proprietorship,Estateffnst,Corporation,Governmental.Non-profit,all others shalt 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 IdentifieaUon Number(TIN). 1.8 Responses cannot be altered or amended after opening time. Any Alterations made before opening time shall be initialed by respondent or an authorized agent No response can be withdrawn after opening time without approval of the 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 a0 or any part of response,waive minor technicalities and award the response to best serve the interests of tie City.Split awards may be made at the sole discretion of the City. 1.11 Consistent and continued tie responses could cause rejection of responses by the City and/or nvesfigation for antitrust violations. 1.12 Telephone,facsimile,and electronically transmitted responses are not acceptable In response to the solicitation. 1.13 CAUTION:Solicitation aviation allows sufficient time for receipt of the preferred mail response. The City shall not be responsible for responses received late,illegible, incomplete,or otherwise ran-responsive. 2. SPECIFICATION: 2.1 Any,catalog,brand name or manufacturers reference used in the solicitation is descriptive only(not restrictive),and is used to indicate type and quality desired. Responses on brands of like nature and quality will be considered unless advertised under the provisions of Section 252.022 of the Texas Local Government Code. If other than brand(s)specified is offered,illustrations and complete descriptions of product offered are requested to be made apart of the response.posse. ff 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 Ali 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 wit not be recognized. 2.3 Samples,when requested,must be furnished free of expense to the City. I 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 Manuacturers standard warranty shag apply unless otherwise slated in the solicitation. 3. TIE RESPONSES: In case of tie responses,the award wig be made in accordance with Section 271.901 of the Texas Local Government Code. 4. DELIVERY: 4.1 Response shag show number of days required to piece material in Ckys designated location under normal conditions. Failure to state delver time obligates respondent to complete delivery in fourteen(14)calendar days. Unrealistically short or long delivery promises may cause response to be disregarded. Consistent failure to meet delivery promises without void reason may cause removal from Vendor list.(See 4.2 folowing.) 4.2 If delay is foreseen,Vendor shag give written notice to the City. The City has the right to extend delivery date if reasons appear valid. Vendor shag keep the City advised at all 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,if any,in cost and handling to defaulting Vendor. 4.3 No substitutions or cancellations permitted without written approval of the City. 4.4 Delivery shag be made during normal working hours only,unless prior approval for late delivery has been obtained from the City,unless otherwise specified in the soliCiation. 5 INSPECTION AND TESTS: AN goods will be subject to inspection and test by the City to the extent practicable at all times and places. Authorized City personnel shag have access to any suppliers place of business for the purpose of inspecting merchandise. Tests may be perbmred on samples submitted with Bre response or on samples taken from regular shipments. I the products tested fag 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 home by the supplier. Goods,which have been delivered and rejected in whole or in part,may,at the City's option,be returned to the Vendor or held for disposition at Vendors risk and expense. Latent detects 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 terms,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. AN agreements or purchase orders are subject to the approval of the City Council or Manager. 7. PAYMENT:Vendor shag submit three(3)copies of an irwoice showing the agreement or purchase order number on all copies. 8. PATENTS AND COPYRIGHTS:The Respondent epees to protect the City from claims invoking infringements of patents or copyrights- 9 RESPONDENT ASSIGNMENTS: Respondent hereby assigns to the purchaser any and all claims for overcharges associated with this agreement,which arise under the antitrust laws of the State of Texas.TX,Bus.And Comm.Code Ann.Sec.15.01,at seq.(1967). 10. RESPONDENT AFFIRMATION: 10.1 Signing the response with a false statement is a material breach of agreement and shag 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 not given,offered to give,nor intends to give arty time hereafter any economic opportunity,future employment,gift,ban,gratuity,special discount, tip,favor,or service to a pubic servant in connection with the submitted response. 10.3 The respondent is not currently delinquent in the payment of any debt owed the City. 10.4 Neither the respondent not the form,corporation,partnership,or any entity represented by the respondent,or anyone acting for such firm,corporation,or entity has violated the antitrust laws of this State codified in Section 15.01 et.Seq.Texas Business and Commercial Code,or the Federal Antitrust Laws,nor communicated dinectly or indirectly the response made to any competitor,or any other person engaged in such line of business. 10.5 The respondent has rat received compensation for participation in the preparation of the specification for the solicitation. 11 NOTE TO RESPONDENTS: Any terms and conditions attached to response will not be considered unless the respondent specifically references them on the front of the response fork. WARNING:Such terms and conditions may result in disqualification of the response(e.g.responses with the laws of a state other then Texas requirements for prepayment,Limitations on remedies.etc.) The City of Round Rock can only accept responses which contain all the terms and conditions of Is formal solicitation;in particular, all respondents'etfir mots and certifications must be included. Submission of responses on forms other than City's form may result in disqualification of your response. 12. 04OUIRIES: trquirfes pertaining to Solicitation invitations must give Solicitation number,codes,and opening data 4of5 SOLICITATION NUMBER 11-024 SPECIRCATION NUMBER 11-685-00 DATED:MAY 2011 RESPONDENT'S REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: 11-024 RESPONDENT'S NAME: I SPCIALTR CHFMICK JULY 18, 2011 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. '3fT 1. Company's Name Name of Contact Title of Contact E-Mail Address Present Address City,State,Zip Code Telephone Number ( ) Fax Number:( ) 2. Company's Name Name of Contact Title of Contact E-Mail Address Present Address City,State,Zip Code Telephone Number ( ) Fax Number:( ) 3. Company's Name Name of Contact Title of Contac E-Mail Address Present Address City,State,Zip Code Telephone Number ( ) Fax Number:( ) FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. 5 of 5 MARUBENI SPECIALTY CHEMICALS INC. 8675 Hidden River Parkway Tampa,FL 33637 Phone: 813-972-5959 Fax: 813-632-3301 REFERENCES City of LaGrange,GA Robi Higgins Bowles,CPPO,Purchasing Agent P.O. Box 430 LaGrange,Georgia 30241 Phone: 706-883-2046 Fax: 706-883-2191 Email: rbowles@lagrange-ga.org Logansport Municipal Utilities Water&Wastewater Department James A.Jackson,Manager Sixth and Broadway Logansport,IN 46947 Phone: 574-753-6231 Fax: 574-753-4644 City of Bethlehem,PA D.Brong,Water&Sewer Services 10 East Church Street Bethlehem,PA 18018-6025 Phone: 610-865-7011 v\�` Fax: 610-865-7205 / dbrong@bethlehem-pa.io_v_ FAurubnni MATERIAL SAFETY DATA SHEET Marubeni Special Chemicals Inc 8675 Hidden River Parkway Tampa, FL 33637 Phone: 813-972-5959 Fax: 800-640-1616 Emergency Phones CHEMTREC: 800-424-9300 POTASSIUM PERMANGANATE RQ, DRUMS SECTION 1 -MATERIAL IDENTIFICATION Product Name: Potassium Permanganate Chemical Family: Not available. Material Use: Not available. SECTION 2- INGREDIENT INFORMATION C.A.S Concentration Ingredient Name T.L.V. LD/50 LC/50 1090 MG/KG RAT ORAL 7722-64-7 100 POTASIUM PERMANGANATE 0.2 MG/M3(MN) NOT AVAILABLE 2157 MG/KG MOUSE ORAL SECTION 3-HAZARD IDENTIFICATION Emergency Overview: Purple-bronze,odorless crystals DANGER! Strong Oxidizer.Contact with other material may cause fire DANGER!Corrosive Harmful if swallowed or inhaled Route of Entry: Skin contact,eye contact,inhalation and ingestion. Effects of Acute Exposure Eye Contact: Sever irritation,redness,tearing,blurred vision Causes severe or permanent damage. Skin Contact: Dry crystals and concentrated solutions are caustic causing redness,pain,severe burns, brown stains in the contact area and possible hardening of outer skin layer. Diluted solutions are only mildly irritating to the skin. Inhalation: Harmful if inhaled. Irritation of the respiratory tract. May cause pulmonary edema. May cause shortness of breath and coughing. Ingestion: May cause burns of the gastrointestinal tract. May cause kidney damage. May cause burns of the throat. May cause anemia. May be fatal May cause nausea and vomiting. Causes severe gastrointestinal irritation 1 � ' POTASSIUM PERMANGANATE RQ, DRUMS Harmful if swallowed May cause abdominal pain May cause shock. May cause low blood pressure. Effects of Chronic Exposure: Prolonged or repeated skin contact may cause dermatitis. Prolonged or repeated skin contact may cause irritation and defatting. Overexposure to manganese compounds may affect the central nervous system,symptoms of which are languor(lack of energy),sleepiness,muscular weakness,emotional disturbances and spastic gait. Medical Conditions aggravated by Not available. exposure: Carcinogenic Effects Not listed as a carcinogen Target organs: Not available. SECTION 4-FIRST AID MEASURES Skin Contact: Immediately flush skin with plenty of water while removing contaminated clothing and shoes.Consult a physician immediately. Eye contact: Immediately flush eyes with large amounts of water for at least 15 minutes,lifting upper and lower lids.Get prompt medical attention. Inhalation: Remove victim to fresh air. If breathing is difficult administer oxygen.If not breathing have qualified person give artificial respiration.Obtain medical attention. Ingestion: Get medical attention immediately. Give large quantities of water to drink. Do not induce vomiting. Never give anything by mouth to an unconscious person. Additional Information The above information is believed to be correct but does not purport to be all inclusive and shall be used only as a guide.This company shall not be liable for any inaccuracies. Note to Physician: No specific antidote,treat symptomatically. SECTION 5-FIRE FIGHTING MEASURES Flammability: String oxidizer. Conditions of Flammability: Contact with reducing agents or combustibles. Heat,sparks,and open flames. Extinguishing media: Water spray. Suffocating type extinguishers are not as effective as water. Special Procedures: Firefighters should wear the usual protective gear. Prevent from entering sewers or waterways. Wear a self-contained breathing apparatus with full face piece,positive pressure or pressure demand. Use water spray to cool fire exposed containers. Water spray may be used to flush spills away from exposure and to dilute spills to nonflammable mixtures. Fight fire from a safe distance. May increase the flammability of adjacent combustible materials. Auto-ignition temperature(°C): Not applicable. Flash Point(°C),method: Not applicable. Lower flammability limit(%vol.) Not applicable. Upper flammability limit(%vol.) Not applicable. Explosion Data Sensitivity to static discharge: Not available. Sensitivity to mechanical impact: Protect against physical damage. Hazardous combustion products: Toxic metal fumes. Rate of burning: Not available. Explosion power: Closed containers may rupture or explode due to pressure build-up when exposed to extreme heat. May act as initiation source for dust or vapor explosions. 21 ='' . ._ POTASSIUM PERMANGANATE RQ,DRUMS SECTION 6-ACCIDENTAL RELEASE MEASURES Leak/Spill: Eliminate all sources of heat and ignition. Ventilate area. Wear appropriate protective equipment. Use non-sparking tools. Avoid generating airborne dust. Reduce airborne dust by moistening with water. Pick up spill for recovery or disposal and place in a closed container. SECTION 7-HANDLING AND STORAGE Handling Procedures&Equipment: Protect against physical damage. Keep away from heat,sparks,and open flame. Use adequate ventilation. Wash thoroughly after using,particularly before eating or smoking. Wear personal protective equipment appropriate to task. Refer to container labels. Empty containers containing residue may cause a hazard. Destroy or thoroughly clean contaminated shoes. Avoid contact with skin,eyes and clothing. Launder contaminated clothing prior to reuse. Storage requirements: Store away from all sources of ignition. Store away from incompatible materials. Keep away from oxidizing materials Protect from moisture. Avoid storage on wood floors. Store in a cool,dry and well ventilated area. Store away from organic material. SECTION 8-EXPOSURE CONTROLS /PERSONAL PROTECTION Precautionary Measures Glove/Type: Impervious gloves Respiratory/Type: Warning:air-purifying respirators do not protect workers in oxygen-deficient atmospheres. For conditions of use where exposure to dust or mist is apparent and engineering controls are not feasible,a particulate respirator(NIOSH type N95 or better filters)may be worn.If oil particulates(e.g.lubricants,cutting fluids,glycerin,etc)are present,use a NIOSH type R or P filter. For emergencies or instances where the exposure levels are not known,use a full-face positive-pressure,air-supplied respirator. Eye/Type: Chemical safety goggles and/or full face shield. Footwear/Type Impervious boots. Clothing/Type Lab coat. Impervious clothing(apron,coveralls) Other/Type Eye wash facility should be in close proximity. Emergency shower should be in close proximity. Ventilation Requirements: Explosion proof ventilation. Local exhaust at point of emission preferred. Local exhaust and/or general ventilation. Exposure limit of material: Not available for mixture,see ingredients section. SECTION 9-PHYSICAL AND CHEMICAL PROPERTIES Physical State: Solid Appearance&Odor: Odorless. Purple-bronze crystals Odor threshold(ppm): Not applicable 31l Vapor pressure(mmHg): Not applicable. POTASSIUM PERMANGANATE RQ, DRUMS Vapor Density(air=1): 5.40 _Volatiles(%) By Volume: 0 @ 21°C(170°F) By Weight: Not available. Evaporation rate(butyl acetate=1): Not available. Boiling Point(°C): Not applicable. Freezing Point(°C): (melting point). —240°C(--•464°F) pH: Not available. Specific gravity @ 20°C: (density) 2.7 Solubility in water(%): 7g in 100g of water Coefficient of waterloil dist.: Not available. SECTION 10-STABLITY AND REACTIVITY Chemical stability: Product is stable under normal handling and storage conditions. Conditions of instability: Heat sparks&open flames. All ignition sources. Hazardous polymerization: Will not occur Incompatible substances: Alcohols. Powdered metals. Peroxides. Hydrogen peroxide. Phosphorus. Sulfuric acid. Sulfites. Bromides. Organic compounds. Hydrides. Activated carbon. Sulfur. Hypophosphites. Arsenites. Iodides. Ferrous or mercurous salts. Hyposulfites. Oxalates. Hazardous decomposition products: See hazardous combustion products. SECTION 11 -TOXICOLOGICAL INFORMATION LD50 of product,species& route: Not available for mixture,see the ingredients section. LC50 of Product,species&route: Not available. Sensitization to product: Not available. Reproductive effects: Not available. Teratogenicity: Not available. Mutagenicity: Not available. Synergistic materials: Not available. SECTION 12- ECOLOGICAL INFORMATION Environmental Toxicity: May be toxic to aquatic life. Environmental fate: No data at this time. 41 =; _ :: POTASSIUM PERMANGANATE RQ,DRUMS SECTION 13-DISPOSAL CONSIDERATIONS Waste disposal: In accordance with municipal,state and federal regulations. Whatever cannot be saved for recovery or recycling should be handled as hazardous waste and sent to RCRA approved waste facility. SECTION 14-TRANSPORT INFORMATION D.O.T.Classification: POTASSIUM PERMANGANATE UN 1490 Class 5.1 PGI I Special shipping Information: See transportation information. SECTION 15-REGULATORY INFORMATION TSCA inventory: Appears. SARA Section 313: Potassium permanganate(7722-64-7) SARA hazard categories selection Immediate(Acute)Health Hazard:Yes. 311/312: Delayed(Chronic)Health Hazard: Yes. Fire Hazard: No. Reactive: No. CERCLA reportable quantity: Potassium Permanganate(7722-64-7)—100 lbs. NFPA Health Hazard: 1 Flammability: 0 Reactivity: 0 Specific Hazard: Oxidizer. CA Proposition 65: None. SECTION 16-OTHER INFORMATION Supplier MSDS Date: 06/23/2003 This information is furnished without warranty,representation,inducement or license of any kind,except that it is accurate to the best of Marubeni Specialty Chemicals Inc acknowledgement or obtained from sources believed by Marubeni Specialty Chemicals Inc to be accurate,and Marubeni Specialty Chemicals Inc.does not assume any legal responsibility for use or reliance upon same. Customers are encouraged to conduct their own tests.Before using any product,read its label. 5j Marubeni Specialty Chemicals,Inc. not 8675 Hidden River Parkway Tampa FL,33637 Phone:813-972-5959 Fax:813-632-3301 SPECIFICATION SHEET POTASSIUM PERMANAGANTE FREE FLOW GRADE PRODUCT SPECIFICATIONS Particle Size 20% max. retained#40 Mesh (0.425 mm) 7.0% max. passes#200 mesh (0.75 mm) Purity(Kmn04) 97.00% min. Moisture (HZO) 0.50% max. Chloride (CL) 0.10% max. Sulfate (SO4) 0.20% max. Insoluble Matters 1.7% max. Cadmium 100 mg/kg max. Chromium 500 mg/kg max. Mercury 10 mg/kg max. Bulk Density 90100 lbs/cf Water Tolerance Test As per AWWA B603—98 NSF Certified As per NSF/ANSI Standard 60 NSF Certified Products'-Public Water Supply Treatment Chemicals Page 1 of 2 NSF Product and Service Listings These NSF Official Listings are current as of Tuesday,July 05,2011 at 12:15 a.m. Eastern Time. Please contact NSF international to confirm the status of any Listing,report errors,or make suggestions. Alert:NSF is concerned about fraudulent downloading and manipulation of website text.Always confirm this information by clicking on the below link for the most accurate information: htip://www.nsf oru/Certified/PwsChemicals/Listings asp?Company=OK570& NSF/ANSI STANDARD 60 Drinking Water Treatment Chemicals - Health Effects Universal Chemicals & Industries Private Limited 507, Raheja Centre 214 Nariman Point Mumbai,400 021 India 9122 22 84 44 28 Facility : Ambernath, India Potassium Permanganate[PO) Trade Designation Product Function Max Use Potassium Permanganate Disinfection&Oxidation 50mg/L Oxidant [PO] The finished drinking water shall be monitored to ensure that levels of manganese do not exceed 0.05 mg/L. Facility : Dahej, Gujarat State, India Potassium Permanganate(PO) Trade Designation Product Function Max Use http://www.nsf org/Certified/PwsChemicals/Listings.asp?Company=OK570& 7/5/2011 NSF Certified Products- Public Water Supply Treatment Chemicals Page 2 of 2 Potassium Permanganate Disinfection&Oxidation 50mg/L Oxidant (PO) The finished drinking water shall be monitored to ensure that levels of manganese do not exceed 0.05 mg/L. Number of matching Manufacturers is 1 Number of matching Products is 2 Processing time was 0 seconds • Search Listings • News Room • About NSF • Careers • NSF Mark • Client Log-In • Privacy Policy • Site Man • Request Info • Contact Us • Copyright©2004 NSF International. http://www.nsf.org/Certified/PwsChemicals/Listings.asp?Company=0K570& 7/5/2011 MARUBEITI SPECIALTY CHEMICALS, INC. 8675 HIDDEN RIVER PARKWAY•TAMPA,FL 33637 TELEPHONE:(813)972-5959 FACSIMILE:(813)632-3301 July 18,2011 City of Round Rock,Texas Purchasing Office 221 East Main Street Round Rock,TX 78664 RE: SOLICITATION NUMBER: 11-024 WATER TREATMENT CHEMICALS On behalf of Marubeni Specialty Chemicals, Inc. I am pleased to submit the enclosed bid proposal. Please advise Bid Award to clark-mPmarubeni-usa.com. Best regards, jMaok � Enclosures: 1 Original Bid Document 3 Copy Bid Documents 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 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 htti):/Mm.roundrocktexas.gov/homerindex.asp?gage=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 :/Avww.roundrocktexas.gov/homerindex.asp?page=462. 4. CITY CONTACT FOR SOLICITATION CLARIFICATION:For clarification of specifications, Respondents may contact: Joy Baggett Purchaser Purchasing Division City of Round Rock Telephone: 612-218-6682 Ibagg@ffP_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 1.6 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 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.govmomerindex.asp?page=462. Questions shall be submitted to the City contact named above. The City reserves the right to modify these dates. Notice of date change will be posted to the City website. 2. DUE DATE:Signed and sealed responses are due to the Purchasing Department on the due date noted above. Mail or carry sealed responses to: City of Round Rock,Texas Purchasing Office 221 E.Main Street Round Rock,Texas 78664-5299 2.1 Responses received after this time and date will not be considered. 2.2 Sealed responses should be clearly marked on the outside of packaging with the solicitation title,number,due date and"DO NOT OPEN". 2.3 Facsimile or electronically transmitted responses are not acceptable. 2.4 Late submittals will be returned to Respondent unopened if return address is provided. 3. BEST VALUE EVALUATION AND CRITERIA: All responses received shall be evaluated based on the best value for the City. In determining best value,the City may consider the following: 3.1 Purchase price and terms; 3.2 Reputation of Respondent and of Respondents goods and services; 3.3 The quality of the Respondent's goods and services; 3.4 The extent to which the goods and services meet the City's needs; 3.6 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 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. I.S. Not to exceed 10 ppm lead, 1 ppm mercury,3 ppm arsenic or 30 ppm of the sum of all heavy metals. 1.6. Be in conformance with all applicable federal,state and local laws. 1.7. Have a certified weight ticket. 1.8. Be in clean,properly identified and labeled vehicles used only for the transport and delivery of chlorine. 1.9. Use City owned equipment(e.g.;hoist apparatus,hand truck,etc.) 1.10. Be delivered to: Water Plant 6494 N.IH 35 Round Rock,Texas 78681 And Lake Creek Well Site 601 S.Mays Round Rock,Texas 78664 And Westinghouse Well Site 11-135 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. 1.6. Be in conformance with all applicable federal,state and local laws. I.S. Have a certified weight ticket. 1.7. Be in 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 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 20/6 COPPER SULFATE 1. All Liquid Aluminum Sulfate delivered shall: 1.1. Contain no less than 8 percent water-soluble aluminum oxide. 1.2. Contain no less than.35 percent water soluble iron. 1.3. Be free of insoluble and suspended matter,including but not limited to:chips,dirt,grit and all other foreign matter. 1.4. Possess adequate clarity for the easy reading of measuring devices. 1.6. Be delivered in conformance with all applicable federal,state and local laws. 1.6. Have a certified weight ticket. 1.7. Be in a dean,properly identified and labeled trucks used only for the transport and delivery of liquid aluminum sulfate. 1.8. Be delivered into four 10,000-gallon bulk storage tanks through a standard 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 add. 1.7. Be delivered into a bulk storage tank through a standard 2-inch female quick connect. 1.8. Be delivered to: Water Plant 5494 N.IH 35 Round Rock,Texas 78681 And Lake Creek Well Site 501 S.Mays Round Rock,Texas 78664 2. The successful Respondent shall maintain a twenty-four(24)hour emergency service for hydrofluosilicic acid emergencies that includes,at a minimum,the following: 2.1. Trained and certified personnel in hazardous materials response that shall be on-site within two(2) hours of emergency notification from the City. 2.2. All necessary equipment and apparatus for managing and remediating an emergency leak or release of hydrofluosilicic add. COAGULANT AID(LIQUID CATIONIC POLYMER) NOTE: Because the quality of the City's raw water changes periodically,the City is interested in receiving bids for various weights of polymer. Data characterizing the raw water quality is included in Part 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. 1.6. 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 viae-mail by June 28,2011. POTASSIUM PERMANGANATE—FREE FLOWING 1. All Potassium Permanganate delivered shall: 2.1. Contain 97%granular crystalline potassium permanganate. 2.2. Contain less than 500 mg/kg chromium. 2.3. Contain less than 100 mg/kg cadmium. 2.4. Be non-clumping and free flowing with a pour test index of greater than 0.7. 2.6. 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 6494 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 clean,properly identified and labeled fifty-five gallon drums. 1.13. Be delivered to: Water Plant 5494 N.IH 35 Round Rock,Texas 78681 2. Special Requirements 2.1. Respondents wishing to submit bids for Belt Press Polymer shall obtain product approval from the City prior to submitting a bid. 2.2. Respondents must ship,at their own expense,a sample of the product to be bid to: Kim Lutz 2008 Enterprise Dr. Round Rock,TX 78664 2.3. The quantity of the sample product must be at least five(5)gallons and must be received at the above address no later than 4:00 p.m.,on June 14,2011. Results will be provided via-e-mail by June 28,2011. LIQUID AMMONIUM SULFATE(LAS) 1. All Liquid Ammonium Sulfate delivered shall: 1.1 Contain no soluble mineral or organic substances in quantities producing deleterious or injurious effects on the health of persons consuming water that has been treated properly with chlorine. 1.2 Contain 10%ammonia(NH3). 1.3 Be completely soluble in water. 1 A Be delivered in conformance with all applicable federal,state and local laws. 1.5 Have a certified weight ticket. 5 of 6 1.6 Be in clean,properly identified and labeled vehicles used only for the transport and delivery of liquid ammonium sulfate. 1.7 Be delivered into a bulk storage tank through a standard 2-inch female quick connect and 55 gallon drums. 1.8 Be delivered to the Water Plant 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 resultina from a response to this bid/Specification insurance against claims for injuries to persons or damages to proper which may arise from or in connection with the performance of the work as a result of this bid by the successful bidder,its agents, representatives volunteers employees or subcontractors 1.1. Certificates of Insurance and endorsements shall be furnished to the City and approved by the City before work commences. 1.2. The following standard insurance policies shall be required: 1.2.1. General Liability Policy 1.2.2. Automobile Liability Policy 1.2.3. Worker's Compensation Policy 1.3. The following general requirements are applicable to all policies: 1.3.1. Only insurance companies licensed and admitted to do business in the State of Texas shall be accepted. 1.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. 1.3.3. Claims made policies shall not be accepted,except for Professional Liability Insurance. 1.3.4. Upon request,certified copies of all insurance policies shall be furnished to the City 1.3.5. Policies shall include,but not be limited to,the following minimum limits: 1.3.5.1. Minimum Bodily Injury Limits of$300,000.00 per occurrence. 1.3.5.2. Property Damage Insurance with minimum limits of$50,000.00 for each occurrence. 1.3.5.3. Automobile Liability Insurance for all owned,non-owned,and hired vehicles with minimum limits for Bodily Injury of$100,000.00 each person,and$300,000.00 for each occurrence,and Property Damage Minimum limits of$50,000.00 for each occurrence. 1.3.5.4. Statutory Worker's Compensation Insurance and minimum $100,000.00 Employers Liability Insurance. 1.3.6. Coverage shall be maintained for two years minimum after the termination of the Contract. 1.4. The City shall be entitled,upon request,and without expense to receive copies of insurance policies and all endorsements thereto and may make reasonable request for deletion, revision,or modification of particular policy terms,conditions,limitations,or exclusions(except where policy provisions are established by law or regulation binding either of the parties hereto or the underwriter of any of such policies). Upon such request by the City,the Vendor shall exercise reasonable efforts to accomplish such changes in policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the requirements of the bid specification and the insurance endorsements stated below. 1.5. Vendor agrees that with respect to the required insurance,all insurance contracts and certificate(s)of insurance will contain and state,in writing,on the certificate or its attachment,the following provisions: 1.5.1. Provide for an additional insurance endorsement clause declaring the Vendor's insurance as primary. 1.5.2. Name the City and its officers,employees,and elected officials as additional insured's,(as the interest of each insured may appear)as to all applicable coverage. 1.5.3. Provide thirty days notice to the City of cancellation,non-renewal,or material changes 1.5.4. Remove all language on the certificate of insurance indicating: 1.5.4.1. That the insurance company or agent/broker shall endeavor to notify the City;and, 1.5.4.2. Failure to do so shall impose no obligation of liability of any kind upon the company,its agents,or representatives. 1.5.5. Provide for notice to the City at the addresses listed below by registered mail: 1.5.6. Vendor agrees to waive subrogation against the City,its officers,employees, and elected officials for injuries,including death,property damage,or any other loss to the extent same may be covered by the proceeds of insurance. 1.5.7. Provide that all provisions of this contract concerning liability,duty,and standard of care together with the indemnification provision,shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. 1.5.8. All copies of the Certificate of Insurance shall reference the project name,bid number or purchase order number for which the insurance is being supplied. 1.5.9. Vendor shall notify the City in the event of any change in coverage and shall give such notices not less than thirty days prior notice to the change,which notice shall be accomplished by a replacement Certificate of Insurance. 1.5.10. All notices shall be mailed to the City at the following addresses: Assistant City Manager City Attorney City of Round Rock City of Round Rock 221 East Main 309 East Main Round Rock,TX 78664-5299 Round Rock,TX 78664 6. WORKERS COMPENSATION INSURANCE 6.1. Texas Labor Code,Section 406.098 requires workers'compensation insurance coverage for all persons providing services on building or construction projects for a governmental entity. 6.1.1. Certificate of coverage("certificate")-A copy of a certificate of insurance,a certificate of authority to self-insure issued by the Texas Workers'Compensation Commission,or a coverage agreement(TWCC-81,TWCC-82,TWCC-83,or TWCC-84),showing statutory workers'compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. 6.1.2. Duration of the project-includes the time from the beginning of the work on the project until the CONTRACTOR'S/person's work on the project has been completed and accepted by the OWNER. 6.2. Persons providing services on the project("subcontractor)in Section 406.096-includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the project,regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes,without limitation,independent contractors,subcontractors,leasing companies,motor carriers,owner-operators,employees of any such entity,or employees of any entity,which furnishes persons to provide services on the project. "Services" include,without limitation,providing,hauling,or delivering equipment or materials,or providing labor,transportation,or other service related to a project. "Services'does not include activities unrelated to the project,such as food/beverage vendors,office supply deliveries,and delivery of portable toilets. 6.3. The CONTRACTOR shall provide coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,that meets the statutory requirements of Texas Labor Code,Section 401.011(44)for all employees of the CONTRACTOR providing services on the project,for the duration of the project. 6.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the contract. 6.5. If the coverage period shown on the CONTRACTOR'S current certificate of coverage ends during the duration of the project,the CONTRACTOR must,prior to the end of the coverage period,file a new certificate of coverage with the OWNER showing that coverage has been extended. 6.6. The CONTRACTOR shall obtain from each person providing services on a project,and provide to the OWNER: 6.6.1. a certificate of coverage,prior to that person beginning work on the project,so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the project;and 6.6.2. no later than seven calendar days after receipt by the CONTRACTOR,a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 6.8. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery,within 10 calendar days after the CONTRACTOR knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. 6.9. The CONTRACTOR shall post on each project site a notice,in the text,form and manner prescribed by the Texas Workers'Compensation Commission,informing all persons providing services on the project that they are required to be covered,and stating how a person may verify coverage and report lack of coverage. 6.10. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project,to: 6.10.1. provide coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,that meets the statutory requirements of Texas Labor Code,Section 401.011(44)for all its employees providing services on the project,for the duration of the project; 6.10.2. provide to the CONTRACTOR,prior to that person beginning work on the project,a certificate of coverage showing that coverage is being provided for all employees of the person providing services on a project,for the duration of the project; 6.10.3. provide the CONTRACTOR,prior to the end of the coverage period,a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project; 6.10.3.1. obtain from each other person with whom it contracts,and provide to the CONTRACTOR: 6.10.3.1.1. a certificate of coverage,prior to the other person beginning work on the project;and 6.10.3.1.2. a new certificate of coverage showing extension of coverage,prior to the end of the coverage period,if the coverage period shown on the current certificate of coverage ends during the duration of the project 6.10.3.2. retain all required certificates of coverage on file for the duration of the project and for one year thereafter, 6.10.3.3. notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days after the person knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project;and 6.10.3.4. contractually require each person with whom it contracts,to perform as required by paragraphs(A thru G),with the certificates of coverage to be provided to the person for whom they are providing services. 6.10.3.5. By signing the solicitation associated with this specification,or providing,or causing to be provided a certificate of coverage,the Contractor is representing to the Owner that all employees of the Contractor who will provide services on the project will be covered by workers'compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts,and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured,with the Commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties,criminal penalties,civil penalties,or other civil actions. 6.10.3.6. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor that entitles the Owner to declare the contract void if the Contractor does not remedy the breach within ten calendar days after receipt of notice of breach from the owner.