R-11-12-15-11E4 - 12/15/2011 RESOLUTION NO. R-11-12-15-11E4
WHEREAS, the City of Round Rock has duly advertised for bids for the purchase of water
treatment chemicals, and
WHEREAS, ALTIVIA Corporation has submitted the lowest responsible bid, and
WHEREAS, the City Council wishes to accept the bid of ALTIVIA Corporation, Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Agreement for Purchase of Water Treatment Chemicals Liquid Aluminum Sulfate From ALTIVIA
Corporation, 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:
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SARA L. WHITE, City Secretary
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EXHIBIT
„A„
CITY OF ROUND ROCK AGREEMENT
FOR PURCHASE OF WATER TREATMENT CHEMICALS
LIQUID ALUMINUM SULFATE FROM
ALTIVIA CORPORATION
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS
That this Agreement for purchase of liquid aluminum sulfate, 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 ALTIVIA CORPORATION, whose
offices are located at 1100 Louisiana, Suite 3160, Houston, Texas 77002, referred to herein as
the "Vendor." This Agreement supersedes and replaces any previous agreements between the
named parties, whether oral or written, and whether or not established by custom and practice.
RECITALS:
WHEREAS, City desires to purchase liquid aluminum sulfate, 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:
00235017/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 ALTIVIA Corporation, 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
hQ://stats.bls. oy/Mi/home.httn. Any price increase shall be requested by Vendor in writing
and accompanied by the appropriate documentation to justify the requested increase. Vendor
may offer price decreases in excess of the allowable percentage change.
D. City reserves the right to review the relationship at any time, and may elect to
terminate this Agreement with or without cause or may elect to continue.
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3.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Vendor as the integrator of choice to supply the goods as outlined in IFB
11-024, Specification Number 11-885-00 dated May 2011, and Response to IFB submitted by
Vendor, all as specified in Exhibit "A" attached hereto and made a part hereof for all purposes.
The intent of these documents is to formulate an Agreement listing the responsibilities of both
parties as outlined in the IFB and as offered by Vendor in its Response to the IFB.
The goods which are the subject matter of this Agreement are described in Exhibit "A"
and, together with this Agreement, comprise the total Agreement and they are fully a part of this
Agreement as if repeated herein in full.
4.01 ITEMS AWARDED
Only the bid item #3 on Exhibit "A," which is specifically indicated as liquid aluminum
sulfate, is awarded to Vendor.
5.01 COSTS
Estimated annual usage quantity is 190 dry tons, and the unit price is $234.82 per unit.
Bid costs listed on Exhibit "A," which are specifically relevant to the referenced bid item #3,
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
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agree that the City of Round Rock is not an agent of,partner to,or representative of those outside
agencies or entities and that the City of Round Rock is not obligated or liable for any action or
debts that may arise out of such independently-negotiated "piggyback"procurements.
8.01 NON-APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may effect such termination by
giving Vendor a written notice of termination at the end of its then-current fiscal year.
9.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251,V.T.C.A., Texas Government Code, any payment to be
made by City to Vendor will be made within thirty (30) days of the date City receives goods
under this Agreement, the date the .performance of the services under this Agreement are
completed, or the date City receives a correct invoice for the goods or services, whichever is
later. Vendor may charge interest on an overdue payment at the "rate in effect" on September 1
of the fiscal year in which the payment becomes overdue, in accordance with V T.C.A., Texas
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by City in the event:
A. There is a bona fide dispute between City and Vendor, a contractor,
subcontractor, or supplier about the goods delivered or the service performed that
causes the payment to be late; or
B. There is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed
that causes the payment to be late; or
C. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
D. The invoice is not mailed to City in strict accordance with any instruction on the
purchase order relating to the payment.
10.01 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without incurring any
liability to Vendor if it is determined by City that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Vendor or its agents or
representatives to any City officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Vendor may be subject to penalties stated in Title 8
of the Texas Penal Code.
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11.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
12.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the goods as specified, City reserves the right and option to
obtain the products from another supplier or suppliers.
13.01 INSURANCE
Vendor shall meet all requirements as stated in the attached Invitation for Bid No. IFB
11-024 (including all attachments and exhibits), and its bid response.
14.01 CITY'S REPRESENTATIVE
City hereby designates the following representative(s) authorized to act in its behalf with
regard to this Agreement:
Kim Lutz
Public Works
Operations and Maintenance—WTP
5494 North IH-35
Round Rock, TX 78664
512-341-3333
15.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
16.01 DEFAULT
If Vendor abandons or defaults hereunder and is a cause of City purchasing the specified
goods elsewhere, Vendor agrees that it may be charged the difference in cost, if any, and that it
will not be considered in the re-advertisement of the service and that it may not be considered in
future bids for the same type of work unless the scope of work is significantly changed.
Vendor shall be declared in default of this Agreement if it does any of the following:
A. Fails to make any payment in full when due;
B. Fails to fully, timely and faithfully perform any of its material obligations
hereunder;
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C. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States.
17.01 TERIVIINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty(30)days' written notice to Vendor.
B. In the event of any default by Vendor, City has the right to terminate this
Agreement for cause, upon ten(10) days' written notice to Vendor.
C. Vendor has the right to terminate this Agreement only for cause, in the event of
material and substantial breach by City, or by written mutual agreement to terminate.
D. In the event City terminates under subsections (A) or (B) of this section, the
following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall
discontinue all services in connection with the performance of this Agreement and shall proceed
to cancel promptly all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor
shall submit a statement showing in detail the goods and/or services satisfactorily performed
under this Agreement to the date of termination. City shall then pay Vendor that portion of the
�. charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services
it would have performed under the remaining term of the Agreement except as provided herein.
18.01 INDEMNIFICATION
Vendor shall defend (at the option of City), indemnify, and hold City, its successors,
assigns, officers, employees and elected officials harmless from and against all suits, actions,
legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all
other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor,
or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations
under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be
deemed to limit the rights of City or Vendor (including, but not limited to the right to seek
contribution)against any third party who may be liable for an indemnified claim.
19.01 COMPLIANCE WITH LAWS,CHARTER AND ORDINANCES
Vendor, its agents, employees and subcontractors shall use best efforts to comply with all
federal and state laws, City's Charter and Ordinances, as amended, and with all applicable rules
and regulations promulgated by local, state and national boards, bureaus and agencies.
20.01 ASSIGNMENT AND DELEGATION
The parties hereby bind themselves, their successors, assigns and legal representatives to
each other with respect to the terms of this Agreement. Neither party shall assign, sublet or
transfer any interest in this Agreement without prior written authorization of the other party.
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21.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to recipient's address as stated in this Agreement; or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Vendor:
ALTIVIA Corporation
1100 Louisiana, Suite 3160
Houston,TX 77002
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 fust try to resolve
the dispute or claim by appropriate internal means, including referral to each party's senior
management. If the parties cannot reach a mutually satisfactory resolution,then and in that event
any such dispute or claim will be sought to be resolved with the. help of a mutually selected
mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a mediator
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and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney
fees,associated with the mediation shall be shared equally by the parties.
City and Vendor hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14)or any applicable state arbitration statute.
25.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
such void provision shall be deemed severed from this Agreement, and the balance of this
Agreement shall be construed and enforced as if this Agreement did not contain the particular
portion or provision held to be void. The parties further agree to amend this Agreement to
replace any stricken provision with a valid provision that comes as close as possible to the intent
of the stricken provision. The provisions of this section shall not prevent this entire Agreement
from being void should a provision which is of the essence of this Agreement be determined to
be void.
26.01 MISCELLANEOUS PROVISIONS
Standard of Care. Vendor represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
Time is of the Essence. Vendor understands and agrees that time is of the essence and
that any failure of Vendor to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully
responsible for its delays or for failures to use best efforts in accordance with the terms of this
Agreement. Where damage is caused to City due to Vendor's failure to perform in these
circumstances, City may pursue any remedy available without waiver of any of City's additional
legal rights or remedies.
Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement
if it is prevented from performing any of its obligations hereunder by reasons for which it is not
responsible as defined herein. However,notice of such impediment or delay in performance must
be timely given, and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument.
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IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
City of Round Rock,Texas ALTIVIA Corporation
By: By: Caul L7[ t LL' k
Printed Name: Printed Name: Gayle Tuilier
Title: Title: Senior Contract Administrator
Date Signed: Date Signed: November 8.2011
Attest:
By:
Sara L. White, City Secretary
For City,Approved as to Form:
By:
Stephan L. Sheets, City Attorney
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0913 -3
INVITATION FOR BID(IFB)
CITY OF ROUND ROCK PURCHASING OFFICE
221 E.Main Street
Round Rock,Texas 78664-6299
Solicitation Information:
Responses are due to the Purchasing Office Water Treatment Chemicals
Solicitation Number /1-024
at the above address by 3:00 pm.July 19,2011. Opening Date: 07/19/2011
Opening Time; 3:00pm
Response Location:
Show sodcitation opening date&solicitation number In lower lel! 221 E.Main Street
hand comer of sealed response envelope with return address of Council Chambers
responding firm. Round Rock,TX 78664
Facsimile and e-mail responses shall not be accepted. Return signed one original and three copies of response.
Respondent shall sign below
INVOICE TO: Failure to sign response shall disgualify response.
CITY OF ROUND ROCK �� ,Ajj-, Y
ACCOUNTS PAYABLE .lUl 15,2011
221 EAST MAIN STREET Signature Date
ROUND ROCK,TEXAS 786645299
Gayle Tullier
Print Name
Respond F.O.B.Destination.Freight prepaid and allowed unless
otherwise specified below
SEE 1.7 OF SOLICITATION INSTRUCTIONS
DESTINATION: TAX IO NO.: 76-0286332
CITY OF ROUND ROCK
VARIOUS LOCATIONS LEGAL BUSINESS NAME: ALTIVIA Corporation
ADDRESS: 1100 Louisiana,Ste.3160,Houston,TX 77002
CONTACT: Gayle Tul ier
TELEPHONE NO: 866 258-4842
BUSINESS ENTITY TYPE: Corporation
E-MAIL: gtollefsen@ALTIVIA.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 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
QUANITY EXTENSION
ITEM CLASS i ITEM DESCRIPTION Estimated Annual ME/ISURE UNIT PRICE Esdarted Annual
UUsage
sage
1 85500 CHLORINE(rON CYLINDERS) 200 TON $508.00 $101,600.00
2 855-00 CHLORINE(150 lb.CYLINDERS) 3D0 TON NO BID NO BID
SAMPLE TESTING REQUIRED
3 85500 LIQUID ALUMINUM SULFATE 190 DRY TON $234.82 $44,615.80
SAMPLETESTING REQUIRED
4 855-00 287 DRYTON $284.95 $81,780.65
LIQUID ALUMINUM SULFATE wf 2%COPPER SULFATE
EA
IT
5 855.00 HYOROFLUOSILICICACID 23% 11.000 GALLON NO BID NO BID
SAMPLE TESTING REQUIRED $7.57 $136,260.00'
18,000 GALLON
LIQUID CATIONIC POLYMER(55 GAL.DRUMS) 12.99 $233,820.00"
7 855-00 POTASSIUM PERMANGANATE-FREE FLOWING 12.500 LBS NO BID NO BID
8 855-00 POTASSIUM PERMANGANATE-LIQUID 12,500 LBS NO BID NO BID
SAMPLE TESTING REQUIRED
9 85500 BELT PRESS POLYMER(55 GAL DRUMS) 1.320 GALLON NO BID NO BID
10 855-00 LIQUID AMMONIUM SULFATE(LAS) 30,000 GALLON $1.0319 $30,957.00
11 85500 LIQUID AMMONIUM SULFATE(LAS)(55GAL DRUMS) 550 GALLON $5.3016 $2.915.88
GRAND TOTAL $398,129.33
DELIVERY IN 2-3 DAYS
ALTIVIA is bidding 2 separate products for the Liquid Cationic Polymer:
AQUALUM 3003 for$7.57/Gallon
"AQUALUM 3001 for$12.99/Gallon
'•'ALTIVIA's Grand Total Listed above includes the pricing for AQUALUM 3003.
Grand Total including the pricing for AQUALUM 3001 in place of AQUALUM 3003 is$495,689.33
SOLICITATION INSTRUCTIONS
ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF SOLICITATION
ANY EXCEPTIONS THERETO MUST BE IN WRITING
1. SOtJCITAT(ON REQUIREMENTS:
1.1 Responding r*m"pnickv Per unit shown and extensions, if trade discount is shown on solicitation.it ahold be deducted and net ins extensions shown.
Resporidentaguarardeesproduct,00,ed writ meet oraxrxe I spedlkatiora identified in this Invitation For Bid(IFM.
12 Solicitations shall be subrdWW on Soicitation Sheet Each response shall be placed in a separate emrdope completely and property identified. Responses must be in
the Purchasing Department before the hour and dab specified an the soicitati m .
1.3 Late responses property identified will be returned lo respondent unopened. Late responses will not be considered
1.4 Respond F.O.B.destin bon.fmght,prepad,&allowed Wein oil orwise specified an the soidtadon. If otherwise.show erect oast to deliver.
1.5 Response shell show ural price on quanfity and unit of measure specified,extension and show total. In can of amore in extension,unit prices shall govern. Responses
subject to wAm ted price increase will not be txxhsidered.
1.6 Submitted prion shell be firm for acceptance 30 dsye from solicitation opening date. ')lscout from List'responses are not acceptance unless requested. Cash
chwurd wi not be congdsred in deeminlng the low response. AN cash disoounts offered will be taken it earned.
1.7 Responses shelf give Tac Identification Number.full name and address of roaponderk Failure to sign will disquaHy response. Person sigmrg neaponse ahal show title
and authority to bind signatories limp in an agresrnark Firm name shaled appear on each page in the dock provided in the upper right comer. Business Entity shad be
one(1)of the following lnd%idual.Partnership.Sole Propridorship,Estaterrrust Corporation,Governmental.Non-profit.all others shat be spedlied. INDIVIDUAL lust
name and number as shown an Social Sam*Card. SOLE PROPRIETORSHIP:tat legal name followed by legal Guineas name and Sold Security Number. ALL
OTHERS:List legal name of entity and Tax idnaYfaOak Number(TIN).
1.6 Responses taehot ids altered a arterded ager opeNng lime. Any Alterations made before opening time shelf be i ilialed by respondent or an authorized agent. No
response Can be withdrawn altar opening time without approval of the CITY based an a w~acceptable reason
1.9 The City is exempt from Stats Sales Tax and Federal Excise Tar. Do not include tax in response.
1.10 The City reserves the right to aoapt or reject all or any part of response.waive canon technicalities and award the response to beat serve the interests of the City.Spit
awards maybe made all Oe sale location d the City.
1.11 Consistent and continued tie responses could ease rejection of responses by the City andnor aaestigaim for antitrust violations.
1.12 Telephone,faain ilk,and deutroriraiy trasrtit0ed responses are not acceptable in response b the solicitation.
1.13 CAUTION:Soidfalicn invitation allows sufficient time for receipt of the preferred mai response. The City alai not be responsible for responses received pate,illegible,
Incomplete,or otherwise non-respormive.
L SPECIFICATION:
2.1 Any catalog.brad nano or manufacturer's referakoe used in the seicitation Is descriptive only(nal resiic0ve).and is used to kudate type and quality desired.
Responses an brands dike nature and quality will be considered bless advertised under the provision of Section 252.022 of the Texas Local Government Code. If
other than brand(s)specified is offered igWraions mud complete descriptions of product offered are requested to be made a part of the response. If respondent takes
no exceptions to specifications or reference data in response.respondent will be required to furnish Gaud names,numbers,etc,as specified in the solicitation.
22 AN items on the solicitation shell be new,in first class condition.Including containers suitable for shipmed auxd storage.unless otherwise inQucated in the saidtalm.
Verbal agreements to On contrary will not be recognized.
2.3 Samples.when requested,must be furnished his of expanse to the City. K not destroyed in examination.they will be returned to the respo deK on request.at
respondent expense. Each exanpe should be marked with respondents nerne 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 soicitaion.
2.5 Maudacturees standard wernaty shat appy unless otherwise stated in the solicitation.
3. TIE RESPONSES: In Case of tie responses,the award will be made In accordance with Section 271.901 of the Texas local Government Code.
4. OEUVERY:
4.1 Response shat show number of days required to place material in Cdys designated location under normal conditions. Failure to state deliver time obligates respondent
to complefe d*-y in ftxrteen(14)alerhdar days. Unrealistically short or krg delivery promises may ruse response to be disregarded. Consistent blue to med
delivery promises without veld reason may Carrs removal from Vendor list.(See 4.2 following.)
4.2 O delay is foreseen.Veda shop give written ratios to the City. The City has the right to extend delivery date if reasons appear valid. Vendor shell keep the City advised
at all times of seas d order. Default in promised delivery(witluou t acceptable reasons)or failure to meet spediuetions.authorizes the City to Purchase supplies
elsewhere and charge full increase,if ay,in cost and handling to defaulting vendor.
4.3 No subsetuions or cancellations pernnitted without written approval of the City.
4.4 Odivey shell be made during ramal working hours ally,unless prior approval for late delivery has been obtained from the City,unless otherwise spe'died in the
solicitation.
S. INSPECTION AND TESTS: All goods will be subject to inspection and test by the City to the extent practicable at all times and places. AuOodmd City personnel shalt have
access to any supploes place of business for the purpose d Inspecting merchandise. Tests may be performed on samples submitted with the response or an samples taken
from regular shipments. H the products tested fall to meet or exceed M conditions and requirements of the specifications,the coat of the sam00 used and the coat of On
t 1 " n alai be borne by the avow. Goods,which have been delivered and rejected in whale or in part,may.at the Ws option.be returned to the Veda or held for
disposition at Vendoes 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 solicitation.
Responses do not become agreanents or purchase orders unless and until Mey are accepted by the City through its designates and an agreement or a purchase order Is
issued. The agreement or purchase oder shalt be governed,costnod,and interpreted under the Charter of Oe City and the sews of State of Texas. Ai agrearnents or
purchase odes we subject to the approval of the City Council or Manage.
7. PAYMENT: Vendor shall submit Orae(3)copies of an invoice showing the agreement or purchase oder number on all copies.
It. PATENTS AND COPYRIGHTS:The Respondent sgroes to prefect the City from dams nvdwng infringements of patents or oopynghts.
9. RESPONDENT ASSWzNMEM: Respondent hereby assigns to the purchase try and as claim a for overcharges associated with this agreement,which arise under the
aWust Isva of the Ston of Texas.TX.Bus,Ard Comm.Comb Am.See.15.01,at seq.(1967).
10. RESPONDENT AFFIRMATION:
10.1 Signing to resp, 1 wlth a fate statement ise meed/breach d figreer est and shell void the subTdW response or any molting agreements.and the Respondent
shelf be removed Gam all Vendor fiats BY sighhaturs harem dfixed the respondent hereby oetill, Ghat
102 The responds t hes not givak Bleed b give,nor intends b give any time heredle any econorrie opportue ty.frrtura employment gilt ben,gratuity,special discount,
tip,favor,or sarUes b a pubic servant n txrrheetioru with the wbmlted response.
10.3 The rospmfwd is not a nw*ddnquart n gw payment d any debt rased the City.
10.4 N@Ww the a porhdent nor the flan,oorporalaL PerliwthiP or any erilky by Oe responds a anyoe acing for such him axpaahion,a entity has
violated the ar>daust taws of rhe Stab mdfed in Section 15.01 aL Seq.Texas Burners and Conrnwdel Cade,or the Federal Antitrust taws.nor cor n unicaled dio*
or indirectly the response rruade to try ccmipg or.or any oder person engaged in such tine d business.
10.5 The respondent has not received r n perhtatl, for paAkipa-', in the preparation of the specification for the solicitation-
it. NOTE 70 RESPONDENTS: Any farms and candiiore attached to response will not be oonsiderod unless the reaparhde 1 specifically nefereruces Own on the front of the
response fake WARNING:Such tents and oonhdi, may result in disqudifaton of the response(ag. e-;, -with the taws of a stab ether Oen Teras roquinsma is for
prepayment.Lknitalon an rernnedes,eta)The City d Road Rock con only acoapt responses which contain all On terve and aandtiorhs of is Ionthal solicitation.in paria/ar.
all resporderW of eatian and oeliticatione must be Included. Subrisior of responses on rams other than Citys form may result in dlaquaMatoh of you response.
12. INQUIRIES: khquides parhiniup b Saidtation ihviseidn must give Solicitation number.codesand opening dais.
4o(5
SOLICITATION NUMBER
11-024
SPECIFICATION NUMBER
11-885-00
DATED:MAY 2011
RESPONDENT'S REFERENCE SHEET
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: 11-024
RESPONDENTS NAME: ALTIVIA Corporation DATE: July 15. 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.
1. Company's Name City of Arlington
Name of Contact Janice Hughes
Title of Contact Puchasing
E-Mail Address Janice.Hugesdarlingtonbcgov
Present Address 101 S. Mesquite Street
City,State,Zip Code Arlington. Texas 76010
Telephone Number ( 617 ) 459-6304 Fax Number:( )
2. Company's Name City of Houston
Name of Contact Martin King
Title of Contact Piirchacing
E-Mail Address Martin.Kincifthoustontx.gov
Present Address PO BOX 1562
City,State,Zip Code Houston,Texas 77251
Telephone Number (832 ) 393-6705 Fax Number:( )
3. Company's Name City of San Angelo
Name of Contact Laura Brooks
Title of Contact Purchasing
E-Mail Address 1 aura.BrookslQsananaelotx.us
Present Address 327 East Avenue I
City,State,Zip Code San Angelo,Texas 76903
Telephone Number ( 915 ) 657-4219 Fax Number:( )
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
5of5
w '
r
ROCK TEXAS
on rRasvQmc
CITY OF ROUND ROCK,TEXAS
INVITATION FOR BID
FOR WATER TREATMENT CHEMICALS
Solicitation No. 11-024 Addendum No. 1 Date of Addendum: May 24.2011
Please note the questions and answers, revisions or additions to the solicitation referenced above.
1. Q: What additional specifications can the City provide for the Coagulant Aide Polymer?
A: Polydadmac Polymer is preferred. �.
2. Q: What additional specifications can the City provide for the Belt Press Polymer?
A: The molecular weight is high.
The bulk density is 1.02.
The viscosity(cps)is 1200.
The belt cake is typically 12 to 14%.
3. Q: Should Polymers be no less than or no more than .35%water soluble iron?
A: Polymers should be no more than .35%water soluble iron.
4. Q: Are vendor site visits permitted to the water treatment plan?
A: No.
5. O: Which chemicals specified in the bid are not liquids?
A: Potassium Permanganate and Chlorine are not liquids.
Approved by
Joy Baggett, Purchaser
By the signatures affixed below,Addendum No. 1 is hereby incorporated into and made a part of the
above referenced solicitation.
ACKNOWLEDGED ,
ALTIVIA Corporation 07/15/2011
Vendor Autho�rrzed Signature Date
RETURN ONE COPY SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH
YOUR SEALED PROPOSAL. FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR
RESPONSE FROM CONSIDERATION FOR AWARD.
J.rRDUND
ROCKTEXAS
PASSIOPI PROSPERITY
CITY OF ROUND ROCK,TEXAS
INVITATION FOR BID
FOR WATER TREATMENT CHEMICALS
Solicitation No. 11-024 Addendum No. 2 Date of Addendum: July 12, 2011
Please note the questions and answers,revisions or additions to the solicitation referenced above.
1. Q: How much Chlorine is delivered at a time?
A: A typical delivery of one ton containers is 8 units sometimes 12 units during heavy usage.
The 150 lb.cylinders vary from 4 to 12. Average usage of the 150 lb.containers is
approximately 900 Ib.per week.
2. Q: The unit of measure for Potassium Permanganate Free Flowing is 55 gallon drums. Will the City
accept a bid and delivery of 55#drums also?
A: Yes. Please clearly Indicate this unit of measure difference in the Response so the City
may easily compare pricing.
3. Q: How much Hydrofluosilicic Acid 23%is delivered at a time?
A: The City usually gets deliveries via truck periodically throughout the year.There are two
delivery locations,one with a 2,500 gallon tank the other has a 2,000 gallon tank.The City
shall coordinate the delivery so that an entire load can be delivered at once.
4. Q: Can the City provide the previous chemical bid tabulations?
A: Yes. Previous tabulations attached
5. Q: Does this solicitation offer any Interlocal Agreement opportunities?
A: Yes. The City currently participates in Interlocal Purchasing Agreements with the cities of
College Station,Duncanville,Richardson,Hurst,Georgetown,Cedar Park and Fort Worth,
the Village of Salado,the Texas Conference of Urban Counties,Tarrant County,
Williamson County,and the Houston-Galveston Area Council. These agreements permit
participating agencies the option to enter into agreements with the City's winning
Respondents for the specified commodity at the established contract price. Winning
Respondent shall have the option to enter into said agreement.
Approved by
Joy Baggett,Purchaser
By the signatures affixed below,Addendum No.2 is hereby incorporated into and made a part of the above
referenced solicitation.
ACKNOWLEDGED
ALTIVIA Corporation Qom_ 07/15/2011
Vendor Aut�horiz+ Signature Date
RETURN ONE COPY SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH YOUR
SEALED PROPOSAL FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM
CONSIDERATION FOR AWARD.
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176,Local Government Code gate Received
by a person who has a business relationship as defined by Section 176.001(1-a)with a local
governmental entity and the person meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental
entity not later than the 7th business day after the date the person becomes aware of facts
that require the statement to be filed. See Section 176.006,Local Government Code.
A person commits an offense if the person knowingly violates Section 176.006, Local
Government Code.An offense under this section is a Class C misdemeanor.
1 Name of person who has a business relationship with local governmental entity.
ALTIVIA Corporation
z
X Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not
later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3
Name of local government officer with whom filer has employment or business relationship.
NONE
Name of Officer
This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an
employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional
pages to this Form CIO as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income,other than investment
income, from the filer of the questionnaire?
Q Yes X� No
B. Is the filer of the questionnaire receiving or likely to receive taxable income,other than investment income,from or at the
direction of the local government officer named in this section AND the taxable income is not received from the local
governmental entity?
a Yes. a No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local
government officer serves as an officer or director,or holds an ownership of 10 percent or more?
FlYes XQ No
D. Describe each employment or business relationship with the kcal government officer named in this section.
NONE
4
C-Q jt r'1.��,c. July 15,2011
Signatwe of person doing business with the governmental entity Date
Adopted 08/29/2007
r.
FW Solicitation #11-024 Water Treatment chemicals Testing Results.txt
From: Carling, Bruce
Sent: Monday, June 27, 2011 10:05 PM
To: Tollefsen, Gayle
Cc• Khoury, wade; Doyle, Dakota
Subject: FW: Solicitation #11-024 water Treatment Chemicals Testing
Results
Attachments: image001.jpg
-----original Message-----
From: Joy saggett [mailto:jbaggett@round-rock.tx.us]
Sent: Mon 6/27/2011 2:02 PM
To: Carling Bruce
Subject: Solicitation #11-024 water Treatment chemicals Testing Results
The chemical samples received for testing for Solicitation #11-024 water Treatment
Chemicals have been tested and approved. Please submit this e-mail with your bid
response.
Joy Baggett
Purchaser
Purchasing Department
512-218-6682
jbaggett@round-rock.tx.us
Page 1
SOLICITATION NUMBER
11-024
SPECIFICATION NUMBER
11-885-00
DATE: MAY 2011
CITY OF ROUND ROCK
INVITATION FOR BID
FOR
WATER TREATMENT CHEMICALS
PART I
GENERAL
1. PURPOSE:The City of Round Rock,herein after"City', seeks to establish a multiple year
Agreement with a qualified person,firm or corporation,herein after"Respondent",to provide all
equipment, material and labor necessary to supply and deliver various water supply treatment
chemicals for treating potable water supplies located at various locations throughout the City.
2. DEFINITIONS,TERMS AND CONDITIONS: By submitting a response to this solicitation,the
Respondent agrees that the City's standard Definitions,Terms and Conditions shall govern unless
specifically provided for otherwise in a separate agreement or on the face of a purchase order.
Said Definitions,Terms and Conditions are subject to change without notice. It is the sole
responsibility of Respondents to stay apprised of changes. The City's Definitions,Terms and
Conditions can be obtained from the City's website at
hftp:/Aivww.roundrocktexas.gov/homerindex.asp?c)age=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
hftp:/Mww.roundrocktexas.gov/homerindex.asr)?oage=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
ibastgett(aaround-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,
hfto:/ANww.roundrocktexas.gov/homerindex.asi)?r)acie=462. Questions shall be submitted to the
City contact named above.
The City reserves the right to modify these dates. Notice of date change will be posted to the City
website.
2. DUE DATE:Signed and sealed responses are due to the Purchasing Department on the due
date noted above. Mail or carry sealed responses to:
City of Round Rock,Texas
Purchasing Office
221 E.Main Street
Round Rock,Texas 78664-5299
2.1 Responses received after this time and date will not be considered.
2.2 Sealed responses should be clearly marked on the outside of packaging with the
solicitation title,number,due date and"DO NOT OPEN".
2.3 Facsimile or electronically transmitted responses are not acceptable.
2.4 Late submittals will be returned to Respondent unopened if return address is provided.
3. BEST VALUE EVALUATION AND CRITERIA: All responses received shall be evaluated based
on the best value for the City. In determining best value,the City may consider the following:
3.1 Purchase price and terms;
3.2 Reputation of Respondent and of Respondents goods and services;
3.3 The quality of the Respondent's goods and services;
3.4 The extent to which the goods and services meet the City's needs;
3.5 Respondent's past relationship with the City;
3.6 Any relevant criteria specifically listed in the solicitation.
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.
5. FREIGHT: Price shall include FOB Destination,pre-paid and allowed unless otherwise specified
in writing. Price shall be inclusive of demurrage charges. No fuel surcharges shall be allowed.
3of4
SOLICITATION NUMBER
11-024
SPECIFICATION NUMBER
11-885-00
DATE: MAY 2011
6. AGREEMENT:The term of the Agreement resulting from the solicitation may be for three(3)
consecutive twelve-month(12)periods of time from the effective date and shall remain in full
force and effect unless and until it expires by operation of the term stated or until terminated or
extended as provided herein. The City reserves the right to:
6.1 Renew the Agreement for two(2)additional periods of time not to exceed twelve(12)
months for each renewal provided bother parties agree.
6.2 Review the following at the end of each twelve-month review period:
6.2.1 Vendor performance
6.2.2 Price
6.2.3 Continuing need
6.2.4 Advancements in technologies and or service
6.3 The City may terminate the Agreement with or without cause or may continue through the
next renewal period.
6.4 Split awards may be made at the sole discretion of the City.
7. SUBMISSION REQUIREMENTS: Respondents shall submit one(1)executed(signed)
original and two(2)copies of each response. Completed documentation shall include:
7.1 Itemized, Signed Bid Sheet
7.2 Three client references that utilize like products or services. References to include
Business Name,Contact Name,Address,Telephone,and e-mail. Failure to provide
reference information may result in disqualification. A reference form is contained as a
part of this submittal package.
7.3 Chemical test approval notification from the City.
8. ORDER QUANTITY: The quantities shown on the solicitation are estimates only. No guarantee
of any minimum or maximum purchase is made or implied. The City will only order the products
or services needed to satisfy operating requirements within budgetary constraints,which may be
more or less than indicated.
9. ACCEPTANCE: The quality and installation of material shall be to the satisfaction of the Project
Administrator. Acceptance inspection should not take more than five(5)working days. The
successful Respondent will be notified within this time frame if the materials delivered are not in
full compliance with the specifications. If any purchase order is canceled for non-acceptance,the
needed items may be purchased elsewhere and the successful Respondent may be charged the
full increase,if any,in material cost and handling.
10. DAMAGE: The successful Respondent shall be responsible for damage to the City's equipment,
property and environment,the workplace and its contents by its work,negligence in work, its
personnel and equipment.
4 of 4
Solicitation#11-024
ATTACHMENT A
CHLORINE
1. All chlorine delivered shall:
1.1. Be 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.
I.S. Be in dean,properly identified and labeled vehicles used only for the transport and delivery of
chlorine.
1.9. Use City owned equipment(e.g.;hoist apparatus,hand truck,etc.)
1.10. Be delivered to:
Water Plant
5494 N.IH 35
Round Rock,Texas 78681
And
Lake Creek Well Site
501 S.Mays
Round Rock,Texas 78664
And
Westinghouse Well Site
IH 35 and Westinghouse Road
Round Rock,Texas 78664
2. All containers shall:
2.1. Meet all applicable Department of Transportation and Chlorine Institute,Inc.standards.
2.2. Open with reasonable ease,using a wrench not greater than 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 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
1. All Liquid Aluminum Sulfate delivered shall:
1.1. Contain no less than 8 percent water-soluble aluminum oxide.
1.2. Contain no less than.35 percent water soluble iron.
1.3. Be free of insoluble and suspended matter,including but not limited to:chips,dirt,grit and all other
foreign matter.
1.4. Possess adequate clarity for the easy reading of measuring devices.
1.5. Be in conformance with all applicable federal,state and local laws.
1.6. Have a certified weight ticket.
1.7. Be in dean,properly identified and labeled trucks used only for the transport and delivery of liquid
aluminum sulfate.
1.8. Be delivered into four 10,000-gallon bulk storage tanks through a standard 2-inch female quick
connect.
1.9. Be delivered to:
Water Plant
5494 N.IH 35
Round Rock,Texas 78681
2. Special Requirements
2.1. Respondents wishing to submit bids for Liquid Aluminum Sulfate shall obtain product(s)approval
from the City prior to submitting a bid.
2.2. Respondents shall ship,at their own expense,a sample of the product to be bid to:
Kim Lutz
2008 Enterprise Dr.
Round Rock,TX 78664
2.3. The quantity of the sample product must be at least five(5)gallons and must be received at the
above address no later than 4:00 p.m.,on June 14,2011. Results will be provided via-e-mail by
June 28,2011.
LIQUID ALUMINUM SULFATE WITH 2%COPPER SULFATE
1. All Liquid Aluminum Sulfate delivered shall:
1.1. Contain no less than 8 percent water-soluble aluminum oxide.
1.2. Contain no less than.35 percent water soluble iron.
1.3. Be free of insoluble and suspended matter,including but not limited to:chips,dirt,grit and all other
foreign matter.
1.4. Possess adequate clarity for the easy reading of measuring devices.
1.5. Be delivered in conformance with all applicable federal,state and local laws.
1.6. Have a certified weight ticket.
1.7. Be in a dean,properly identified and labeled trucks used only for the transport and delivery of liquid
aluminum sulfate.
1.8. Be delivered into four 10,000-gallon bulk storage tanks through a standard 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 b0 provided via-e-mail by
June 28,2011.
HYDROFLUOSILICIC ACID 23%
1. All Hydrofluosilicic Acid delivered shall:
1.1. Be free of insoluble and suspended matter,including but not limited to:chips,dirt,grit and all other
foreign matter.
1.2. Contain between 20%and 30%Hydrofluosilicic Acid.
1.3. Maximum dosage of 1.2 mg/L fluoride ion.
1.4. Be delivered in conformance with all applicable federal,state and local laws.
1.5. Have a certified weight ticket.
1.6. Be in a clean,properly identified and labeled trucks used only for the transport and delivery of
hydrofluosilicic acid.
1.7. Be delivered into a bulk storage tank through a standard 2-inch female quick conned.
1.8. Be delivered to:
Water Plant
5494 N.IH 35
Round Rock,Texas 78681
And
Lake Creek Well Site
601 S.Mays
Round Rock,Texas 78664
2. The successful Respondent shall maintain a twenty-four(24)hour emergency service for hydrofluosilicic acid
emergencies that includes,at a minimum,the following:
2.1. Trained and certified personnel in hazardous materials response that shall be on-site within two(2)
hours of emergency notification from the City.
2.2. All necessary equipment and apparatus for managing and remediating an emergency leak or
release of hydrofluosilicic acid.
COAGULANT AID(LIQUID CATIONIC POLYMER)
NOTE: Because the quality of the City's raw water changes periodically,the City is interested in receiving bids for
various weights of polymer. Data characterizing the raw water quality is included in Part 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.
1.5. Be effective over a temperature range from five degrees Celsius to 30 degrees Celsius.
1.6. Be resistant to chlorine.
1.7. Contain no less than.35 percent water soluble iron.
1.8. Be free of insoluble and suspended matter,including but not limited to:chips,dirt,grit and all other
foreign matter.
1.9. Possess adequate clarity for the easy reading of measuring devices.
1.10. Be delivered in conformance with all applicable federal,state and local laws.
1.11. Have a certified weight ticket.
1.12. Be in dean,properly identified and labeled fifty-five gallon drums.
1.13. Delivered to:
Water Plant
5494 N.IH 35
Round Rock,Texas 78681
2. Special Requirements
2.1. Respondents wishing to submit bids for Liquid Cationic Polymer shall obtain product approval from
the City prior to submitting a bid.
2.2. Respondents shall ship,at their own expense,a sample of the product to be bid to:
Kim Lutz
2008 Enterprise Dr.
Round Rock,TX 78664
2.3. The quantity of the sample product must be at least five(5)gallons and must be received at the
above address no later than 4:00 p.m.,on June 14,2011. Results will be provided via-e-mail by
June 28,2011.
POTASSIUM PERMANGANATE—FREE FLOWING
1. All Potassium Permanganate delivered shall:
2.1. Contain 97%granular crystalline potassium permanganate.
2.2. Contain less than 500 mg/kg chromium.
2.3. Contain less than 100 mg/kg cadmium.
2.4. Be non-dumping and free flowing with a pour test index of greater than 0.7.
2.5. Be delivered in conformance with all applicable federal,state and local laws.
2.6. Have a certified weight ticket.
2.7. Be in dean,properly identified and labeled fifty-five(55)gallon drums or bulk containers.
2.8. Be delivered to
Water Plant
6494 N.IH 35
Round Rock,Texas 78681
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3. The successful Respondent shall maintain a twenty-four (24) hour emergency service for Potassium
Permanganate emergencies that includes,at a minimum,the following:
3.1. Trained and certified personnel in hazardous materials response that shall be on-site within two(2)
hours of emergency notification from the City.
3.2. All necessary equipment and apparatus for managing and remediating an emergency leak or
release of potassium permanganate.
3.3. Procedures for the removal and disposal of defective or leaking drums or containers.
BELT PRESS POLYMER
1. All Belt Press Polymer delivered shall:
1.1. Have a high molecular weight.
1.2. Have a broad cationic charge.
1.3. Be a liquid that is readily soluble in water at all concentrations.
1.4. Be effective over a pH range of 5.0 to 7.0 Standard Units.
1.5. Be effective over a temperature range from five degrees Celsius to 30 degrees Celsius.
1.6. Contain no less than.35 percent water soluble iron.
1.7. Be free of insoluble and suspended matter,including but not limited to:chips,dirt,grit and all other
foreign matter.
1.8. Possess adequate clarity for the easy reading of measuring devices.
1.9. Achieve a bell filter cake that is at least 93%solids at optimum dosing rates.
1.10. Be delivered in conformance with all applicable federal,state and local laws.
1.11. Have a certified weight ticket.
1.12. Be in clean,properly identified and labeled fifty-five gallon drums.
1.13. Be delivered to:
Water Plant
5494 N.IH 35
Round Rock,Texas 78681
2. Special Requirements
2.1. Respondents wishing to submit bids for Belt Press Polymer shall obtain product approval from the
City prior to submitting a bid.
2.2. Respondents must ship,at their own expense,a sample of the product to be bid to:
Kim Lutz
2008 Enterprise Dr.
Round Rock,TX 78664
2.3. The quantity of the sample product must be at least five(5)gallons and must be received at the
above address no later than 4:00 p.m.,on June 14,2011. Results will be provided via-e-mail by
June 28,2011.
LIQUID AMMONIUM SULFATE(LAS)
1. All Liquid Ammonium Sulfate delivered shall:
1.1 Contain no soluble mineral or organic substances in quantities producing deleterious or injurious
effects on the health of persons consuming water that has been treated properly with chlorine.
1.2 Contain 10%ammonia(NH3).
1.3 Be completely soluble in water.
1.4 Be delivered in conformance with all applicable federal,state and local laws.
1.5 Have a certified weight ticket.
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1.6 Be in clean,properly identified and labeled vehicles used only for the transport and delivery of liquid
ammonium sulfate.
1.7 Be delivered into a bulk storage tank through a standard 2-inch female quick 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 incudes,at a minimum,the following:
2.1 Trained and certified personnel in hazardous materials response that shall be on-site within two(2)
hours of emergency notification from the City.
2.2 All necessary equipment and apparatus for managing and remediating an emergency leak or
release of liquid ammonium sulfate.
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ATTACHMENT A
CITY OF ROUND ROCK
INSURANCE REQUIREMENTS
1. INSURANCE:The Vendor shall procure and maintain at its sole cost and expense for the duration
of the contract or purchase order resulting from a response to this bid/Specification insurance
against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work as a result of this bid by the successful bidder,its
agents,representatives.volunteers.employees or subcontractors.
1.1. Certificates of Insurance and endorsements shall be 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 shag 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
certificates)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 rsubcontractoe)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
I
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
c5ur, of coverage ends during th8 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.
RouNnZ0% City Council Agenda Summary Sheet
PU�MSHMEM
Agenda Item No. *11E4.
Consider a resolution authorizing the Mayor to execute an agreement for the purchase of
Agenda Caption: Liquid Aluminum Sulfate from ALTIVIA Corporation.
Meeting Date: December 15, 2011
Department: Utilities and Environmental Services
Staff Person making presentation: Michael Thane, P.E.
Utilities Director
Item Summary:
On July 19, 2011, the City solicited bids for the purchase of eleven water treatment chemicals. Three bids were
received for Liquid Aluminum Sulfate. ALTIVIA Corporation was the best value bidder. Liquid Aluminum Sulfate is
used as the primary coagulant for surface water during the cool weather months.
Cost: $44,615.80
Source of Funds: Utility Fund
Date of Public Hearing(if required): N/A
Recommended Action: Approval
EXECUTED
DOCUMENT
FOLLOWS
CITY OF ROUND ROCK AGREEMENT
FOR PURCHASE OF WATER TREATMENT CHEMICALS
LIQUID ALUMINUM SULFATE FROM
ALTIVIA CORPORATION
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS
That this Agreement for purchase of liquid aluminum sulfate, and for related goods and
services, referred to herein as the "Agreement," is made and entered into on this the I day
of the month of �- - —, 2011, by and between the CITY OF ROUND ROCK,
TEXAS, a home-rule municipality whose offices are located at 221 East Main Street, Round
Rock, Texas 78664, referred to herein as the "City," and ALTIVIA CORPORATION, whose
offices are located at 1100 Louisiana, Suite 3160, Houston, Texas 77002, referred to herein as
the "Vendor." This Agreement supersedes and replaces any previous agreements between the
named parties, whether oral or written, and whether or not established by custom and practice.
RECITALS:
WHEREAS, City desires to purchase liquid aluminum sulfate, 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:
002350176kg
(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 ALTIVIA Corporation, 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/Mi/home.htm. Any price increase shall be requested by Vendor in writing
and accompanied by the appropriate documentation to justify the requested increase. Vendor
may offer price decreases in excess of the allowable percentage change.
D. City reserves the right to review the relationship at any time, and may elect to
terminate this Agreement with or without cause or may elect to continue.
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3.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Vendor as the integrator of choice to supply the goods as outlined in IFB
11-024, Specification Number 11-885-00 dated May 2011, and Response to IFB submitted by
Vendor, all as specified in Exhibit "A" attached hereto and made a part hereof for all purposes.
The intent of these documents is to formulate an Agreement listing the responsibilities of both
parties as outlined in the IFB and as offered by Vendor in its Response to the IFB.
The goods which are the subject matter of this Agreement are described in Exhibit "A"
and, together with this Agreement, comprise the total Agreement and they are fully a part of this
Agreement as if repeated herein in full.
4.01 ITEMS AWARDED
Only the bid item #3 on Exhibit "A," which is specifically indicated as liquid aluminum
sulfate, is awarded to Vendor.
5.01 COSTS
Estimated annual usage quantity is 190 dry tons, and the unit price is $234.82 per unit.
Bid costs listed on Exhibit "A," which are specifically relevant to the referenced bid item #3,
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.
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11.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
12.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the goods as specified, City reserves the right and option to
obtain the products from another supplier or suppliers.
13.01 INSURANCE
Vendor shall meet all requirements as stated in the attached Invitation for Bid No. IFB
11-024(including all attachments and exhibits), and its bid response.
14.01 CITY'S REPRESENTATIVE
City hereby designates the following representative(s) authorized to act in its behalf with
regard to this Agreement:
Kim Lutz
Public Works
Operations and Maintenance—WTP
5494 North IH-35
Round Rock, TX 78664
512-341-3333
15.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made,then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
16.01 DEFAULT
If Vendor abandons or defaults hereunder and is a cause of City purchasing the specified
goods elsewhere, Vendor agrees that it may be charged the difference in cost, if any, and that it
will not be considered in the re-advertisement of the service and that it may not be considered in
future bids for the same type of work unless the scope of work is significantly changed.
Vendor shall be declared in default of this Agreement if it does any of the following:
A. Fails to make any payment in full when due;
B. Fails to fully, timely and faithfully perform any of its material obligations
hereunder;
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.
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21.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to recipient's address as stated in this Agreement; or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Vendor:
ALTIVIA Corporation
1100 Louisiana, Suite 3160
Houston, TX 77002
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 parry 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 RonprVock,Texas ALTIVIA Corporation
By: By: WHUETIALWA
Printed Nam : Printed Name: Gayle Tullier
Title: Title:senior Contract Administrator
Date Signed: '"7!E Date Signed: November 8 2011
Attest:
By:
-GMA,-- AU*
Sara L. White, City Secretai
For City,Ap roved as to Form:
By:
Stephan Sheets, City Attorney
9
0913 .3
INVITATION FOR BID(IFB)
CITY OF ROUND ROCK PURCHASING OFFICE
221 E.Main Street
Round Rock,Texas 78664-5299
Solicitation Information:
Responses are due to the Purchasing Office Water Treatment Chemicals
Solicitation Number 11-024
at the above address by 3:00 pm,July 19,2011. Opening Date: 07/19/2011
Opening Time: 3:00pm
Response Location:
Show solicitation opening date&solicitation number in lower left 221 E.Main Street
hand Comer of sealed response envelope with return address of Council Chambers
responding firth. Round Rock,TX 78664
Facsimile and e-mail responses shall not be accepted. Return signed one original and three copies of response.
Respondent shall sign below
INVOICE TO: Failure to sign response shall disqualify response.
CITY OF ROUND ROCK
ACCOUNTS PAYABLE ( U . . .UIY
15,2011
221 EAST MAIN STREET Auth6&kd Signature Date
ROUND ROCK,TEXAS 78664-5299
Gayle Tullier
Print Name
Respond F.O.B.Destination,Freight prepaid and allowed unless
otherwise specified below
SEE 1.7 OF SOLICITATION INSTRUCTIONS
DESTINATION: TAX ID NO.: 76-0286332
CITY OF ROUND ROCK
VARIOUS LOCATIONS LEGAL BUSINESS NAME: ALTIVIA Corporation
ADDRESS: 1100 Louisiana, Ste.3160, Houston,TX 77002
CONTACT: Gayle Tullier
TELEPHONE NO: 866 258-4842
BUSINESS ENTITY TYPE: Corporation
E-MAIL: gtollefsen@ALTIVIA.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 at seq.,Texas business and commerce Code,or the Federal
antitrust laws,nor communicated directly or indirectly,the response made to any competitor or any other person engaged in such line of business.
Respondent agrees to comply with all conditions set forth in this solicitation.
BID SHEET
ITEM QUANITY UNIT OF EXTENSION
s CLASS ti ITEM DESCRIPTION Estimated Annual MEASURE UNIT PRICE Estimated Annual
Usage Usage
1 855-00 CHLORINE(TON CYLINDERS) 200 TON $508.00 $101,600.00
2 855-00 CHLORINE(1501b.CYLINDERS) 300 TON NO BID NO BID
SAMPLE TESTING REQUIRED
3 855-00 LIQUID ALUMINUM SULFATE 190 DRY TON $234,82 $44,615.80
SAMPLE TESTING REQUIRED
4 855-00 287 DRYTON $284.95 $81,780.65
LIQUID ALUMINUM SULFATE w/2%COPPER SULFATE
EXHIBIT
ttAtt
5 855-00 NYDROFLUOSILICICACID 23% 11,000 GALLON NO BID NO BID
SAMPLE TESTING REQUIRED $7.57 $136,260.00*
.... _-_
18,000 GALLON
LIQUID CATIONIC POLYMER(55 GAL.DRUMS) 12.99 S211 820.00**
7 855-00 POTASSIUM PERMANGANATE-FREE FLOWING 12,500 LBS ISO BID NO BID
8 855-DD POTASSIUM PERMANGANATE-LIQUID 12,500 LBS NO BID NO BID
SAMPLE TESTING REQUIRED
9 855-00 BELT PRESS POLYMER(55 GAL.DRUMS) 1,320 GALLON NO BID NO BID
10 855-00 LIQUID AMMONIUM SULFATE(LAS) 30,000 GALLON $1.0319 $30,957.00
11 855-00 LIQUID AMMONIUM SULFATE(LAS)(55 GAL.DRUMS) 5507 GALLON $5.3016 $2,915.88
GRAND TOTAL $398,129.33
DELIVERY IN 2-3 DAYS
ALTIVIA is bidding 2 separate products for the Liquid Cationic Polymer:
*AQUALUM 3003 for$7.57/Gallon
**AQUALUM 3001 for$12.99/Gallon
***ALTIVIA's Grand Total Listed above includes the pricing for AQUALUM 3003. ***
Grand Total including the pricing for AQUALUM 3001 in place of AQUALUM 3003 is$495,689.33
SOLICITATION INSTRUCTIONS
ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF SOLICITATION
ANY EXCEPTIONS THERETO MUST BE IN WRITING
1. SOLICITATION REOUIREMEMM:
1.1 Responding regvarea pric iiv per unit shown and extensions. K trade discount is shown on solicitation, it should be deducted and net One eAensions shown.
Respondents guarantees product offered will meet or exceed specifications,Identified in this Invitation For Bid(IFS).
1.2 the P Purchasing
shag be aubmi0e f on Salidfetlan$heel. Each response shag be placed le a separate env4k"Completely and property identified. Responses must be in
the Purcfiesing Department lectors the tour and date specified on the soidfatiar.
1.3 Late responses property idar~will be returned to respondent unopened. Late responses will not be considered.
1.4 Respond F.O.B.dssbndw,freight.prepaid,&allowed unless ollherwdse specified on the solicitation. If otherwise,show exact cost to de ivar.
1.5 Response Shah show unit price on quantity and urhd of measure specified,extension and show total. In can of errors in extension,unit prices shah govern. Responses
ROW to undmtted Price Masse will not be considered.
1.6 Submitted prices shell be firm for aooepfance 30 days from solicitation opening date. 'Diskant from list"responses are not acceptance unless requested. Cash
discount wig not be considered in determining the low response. AN cash discounts offered will be taken if earned.
1.7 Responses shall give Tax Identification Number.fug name and address d respondent. Failure to sign will disqualify response. Person signing response shah show,title
and authority to bind signatories firm in an agnswirwtFirm m risme should ge appear on each pain the block provided in the upper right corner. Business Entity shah be
folowkrp:Individual,Partnership.Sole Proprietorship,Estate/Trust,Corporation,Governmental.Non-prdg,ad others shah be specified. INOMDUAL,List
none and number as shorn on Social Security Card. SOLE PROPRIETORSHIP:List legal name followed by legal business name and Social Security Number. ALL
OTHERS:List legal name d entity and Tax identification Number(TIN).
1.8 Responses cannot be altered or amended after opening time. Any Alterations made before opening time spall be initiated by respondent or an authorized agent. No
response can be withdrawn after opening tine wit out approval of the CITY based an a written acceptable reason.
1.9 The City is exempt from State Saks Tax and Federal Excise Tax Do not include tax in response.
1.10 The City reserves the right to aooept or reject an or any part of response,waive minor lechnkaiities and award the response to best serve the interests of the City.Spit
awards may be made at the sole discretion of the City.
1.11 Consistent and continued tie responses could cause rejeetion of responses by the City ander investigahon for ankhrust violations.
1.12 Telephone,facsimile,and ek3cbw *transmitted responses are not acceptable in response b the solicitation.
1.13 CAUTION:SoicifeEm invitation allows suRudent time for receipt of the preferred mall response. The City shall not be responsible for responses received late.illegible,
moompkte,or o8hermse non-responsive.
2. SPECIFICATION:
21 Any catalog,brand name or manufadurees reference used in the sdidtation is descriptive only(not restrictive),and is used to irudcate type and quality desired.
Responses on brands of Ihre nature and quality will be considered unless advertised under the provisions of Section 252.022 or the Texas Local Government Code. If
Other than brand(s)specified is offered,Illustrations and complete descriptions of product offered are requested to be made a part of the response, If respondent takes
no exceptions to specifications or reference data in response,respondent will be required to furnish brand names,numbers,etc.,as specified in the solicitation.
2.2 AN hems on the sdidfalim shag be new,in first dans condition,inducing containers suitable for shipment and storage,unless otherwise indicated in the solicitation.
Verbal agreements to the contrary will not be recognized.
2.3 Samples,when requesled,must be furnished free of expense to the Oty. If not
respondert expense. Each a should be marked with destroyed in examinion n,they will be re. Dontrned the respondeat.ht request, .
2.4 The City will not be bound rharthe and address.City solicitation number and code. Do not enclose in or attach to response.
by any oral statement or representation contrary to the written specifications of the solicitation.
2.5 Manufacturers standard warranty,shah apply unless otherwise stated in the solicitation,
3. TIE RESPONSES: in case of tie responses,the award will be made in accordance with Section 271.901 of the Texas Local Government Code.
4. DELNERY:
4.1 Response shah show number of days required to place material in City's designated location under normal conditions. Failure to stale deliver time obligates respondent
to complete delivery in fourteen(14)calendar day& Unrealistically short or long delivery promises may cause response to be disregarded. Consistent failure to meet
defivery promises without valid reason may cause removal from Vendor fist.(See 4.2 fallowing.)
4.2 If delay is foreseen,Vendor shah 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 times of status of order. Default in promised delivery(without acceptable reasons)or failure to meet specifications,authorizes the City to purchase supplies
elsewhere and charge hag increase,iI any,in cost and handling to defaulting Vendor.
4.3 No substitutions or cancellations permitted without written approval of the City.
4.4 Delivery shall be made during normal working hours only,unless
IY prior approval for Isle delivery has been obtained from the City,unless otherwise specified in the
sdictebon.
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 shall have
Boom to any suppliers place of business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with the response or on samples taken
from regular shipments. if the products tested fad to meet or exceed all conditions and requirements of the specifications,the cost of the sample used and the east of the
testing shall be borne by the supplier. Goods,which have been delivered and rejeded in whole or in part,may,at the Cdys option,be returned to the Vendor or held for
disposition at Vendor's risk and expense. Latent defects may result in revocation of acceptance.
6. AWARD OF AGREEMENT. A response to a solicitation is an offer to contract with the City based upon the terns,conditions,and specifications contained in the sdidtation.
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 oder shall be governed,construed,and interpreted under the Charter of the City and the laws of State of Texas. Ali 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 invoice showing the agreement or purchase order number on all copies.
8. PATENTS AND COPYRIGHTS:The Respondent awes to protect the City from claims involving infringements of patents or copyrights.
9. RESPONDENT ASSIGNMENTS: Respondent hereby assigns,to the purchaser any and all claims far overcharges associated with this agreement,which arise under the
artltrusl laws Of the State Of Trams.TX.Bus.And Comm_Code Ann.Sec.15.01.at seq.(1967).
% RESPONDENT AFFIRMATION:
10.1 Signing the response with a false swerthent is a metertal breach of agreement and stud void the submitted response or any reaming agreements,and the Respondent
Shah be removed from all Vendor lists. By signature htereon affixed,the resporhdent hereby ceAdies that:
101 The respondent has not given,offered to give,nor intends to give any time hereafter any economic opportunity,future employment,gilt,ban,gratuity,special discount,
tip,favor,or service to a pubic servant in connection with the submifted response.
10.3 The respondent is not currently delinquent in the payment of any debt owed the City.
10.4 Neither the respondent nor the lhM corporation,partnership,or any entity represented by the respondent,or anyone acting for such firm.corporation,or engty has
violated the antitrust laws dots State codified in Section 15.01 at Seq.Texas Business and Commercial Code,or the Federal Antitrust laws,nor communicated tiredly
or Wickedly the response made to any compethor,or any other person engaged in such line of business.
10.5 The respondent has not received compensation for participation in the preparation of the specification for the solicitation.
11. NOTE TO RESPONDENTS: Any terms and condiiars suss hed to response will not be considered unless the respondent speeifieagy references them on the front of the
response farts WARNING:Such terms and conditions may result in tisquelificaiion of the response(e-g.responses with the laws of a state other than Texas requirements for
Prepay.Dors on remedies,els) The City of Round Rock can only eccg'responses which contain all the lerms and oo ditiors of its banal solicitation.in particular
all resporderts'a firras ico s and was must be inckcled. Submission of responses on forms other than Citys form may result in ddsgraificalion of your response.
12 INOUNtIES: Inquiries pertaining to Solicitation invitations must give Solicitation number.codes,avid opening date.
4of5
SOLICITATION NUMBER
11-024
SPECIFICATION NUMBER
11-885-00
DATED:MAY 2011
RESPONDENT'S REFERENCE SHEET
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: 11-024
RESPONDENTS NAME: ALTIVIA Comoration DATE: July 15.2011
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.
1. Company's Name City of Arlington
Name of Contact Janice Hughes
Title of Contact Puchasing
E-Mail Address Janice.Huges(Marlingtonbcgov
Present Address 101 S. Mesquite Street
City,State,Zip Code Arlington_Texas 76010
Telephone Number ( 817 ) 459-6304 Fax Number:( )
2. Company's Name City of Houston
Name of Contact Martin King
Title of Contact Purrhasing
E-Mail Address Martin.King0bhoustontx.gov
Present Address PO BOX 1562
City,State,Zip Code Houston,Texas 77251
Telephone Number (832 ) 393-8705 Fax Number:( )
3. Company's Name City of San Angelo
Name of Contact Laura Brooks
Title of Contact Purchasing
E-Mail Address Laura.BrooksB-sanangelotx.us
Present Address 327 East Avenue I
City,State,Zip Code San Angelo,Texas 76903
Telephone Number ( 915 ) 657-4219 Fax Number:( )
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
5of5
A
JrROUNDROCK.TEXAS
SSM PRoSPOmc
CITY OF ROUND ROCK,TEXAS
INVITATION FOR BID
FOR WATER TREATMENT CHEMICALS
Solicitation No. 11-024 Addendum No. 1 Date of Addendum: May 24.2011
Please note the questions and answers, revisions or additions to the solicitation referenced above.
1. Q: What additional specifications can the City provide for the Coagulant Aide Polymer?
A: Polydadmac Polymer is preferred.
2. Q: What additional specifications can the City provide for the Belt Press Polymer?
A: The molecular weight is high.`
The bulk density is 1.02.
The viscosity(cps)is 1200.
The belt cake is typically 12 to 14%.
3. Q: Should Polymers be no less than or no more than .35%water soluble iron?
A Polymers should be no more than .35%water soluble iron.
4. Q: Are vendor site visits permitted to the water treatment plan?
A: No.
5. Q: Which chemicals specified in the bid are not liquids?
A: Potassium Permanganate and Chlorine are not liquids.
Approved by
Joy Baggett, Purchaser
By the signatures affixed below,Addendum No. 1 is hereby incorporated into and made a part of the
above referenced solicitation.
ACKNOWLEDGED ,
ALTIVIA Corporation07/15/2011
Vendor Authorized Signature Date
RETURN ONE COPY SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH
YOUR SEALED PROPOSAL. FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR
RESPONSE FROM CONSIDERATION FOR AWARD.
ROUND ROCK TEXAS
Kmm-ge neon.Ppbsmn-i
CITY OF ROUND ROCK,TEXAS
INVITATION FOR BID
FOR WATER TREATMENT CHEMICALS
Solicitation No. 11-024 Addendum No. 2 Date of Addendum: July 12,2011
Please note the questions and answers,revisions or additions to the solicitation referenced above.
1. Q: How much Chlorine is delivered at a time?
A: A typical delivery of one ton containers is 8 units sometimes 12 units during,heavy usage.
The 150 Ib.cylinders vary from 4 to 12. Average usage of the 150 lb.containers is
approximately 900 ib per week.
2. Q: The unit of measure for Potassium Permanganate Free Flowing is 55 gallon drums. Will the City
accept a bid and delivery of 55th drums also?
A: Yes. Please clearly Indicate this unit of measure difference in the Response so the City
may easily compare pricing.
3. Q: How much Hydrofluosilicic Acid 23%is delivered at a time?
A: The City usually gets deliveries via truck periodically throughout the year.There are two
delivery locations,one with a 2,500 gallon tank the other has a 2,000 gallon tank.The City
shall coordinate the delivery so that an entire load can be delivered at once.
4. Q: Can the City provide the previous chemical bid tabulations?
A: Yes. Previous tabulations attached.
5. Q: Does this solicitation offer any Interlocal Agreement opportunities?
A: Yes. The City currently participates in Interlocal Purchasing Agreements with the cities of
College Station,Duncanville,Richardson,Hurst,Georgetown,Cedar Park and Fort Worth,
the Village of Salado,the Texas Conference of Urban Counties,Tarrant County,
Williamson County,and the Houston-Galveston Area Council. These agreements permit
participating agencies the option to enter into agreements with the City's winning
Respondents for the specified commodity at the established contract price. Winning
Respondent shall have the option to enter into said agreement.
4 T
Approved by
Joy Baggett,Purchaser
By the signatures affixed below,Addendum No. 2 is hereby incorporated into and made a part of the above
referenced solicitation.
ACKNOWLEDGED
ALTIVIA Corporation ] �Z.Q� , 07/15/2011
Vendor AuthorizW Signature Date
RETURN ONE COPY SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH YOUR
SEALED PROPOSAL FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM
CONSIDERATION FOR AWARD.
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491, 80th Log., Regular Session. OFFICE LISE ONLY
This questionnaire is being filed in accordance with Chapter 176,Local Government Code Dale Received
by a person who has a business relationship as defined by Section 176.001(1-a)with a local
governmental entity and the person meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental
entity not later than the 7th business day after the date the person becomes aware of facts
that require the statement to be filed. See Section 176.006,Local Government Code.
A person commits an offense if the person knowingly violates Section 176.006, Local
Government Code.An offense under this section is a Class C misdemeanor.
1 Name of person who has a business relationship with local governmental entity.
ALTIVIA Corporation
2
X Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not
later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3
Name of local government officer with whom filer has employment or business relationship.
NONE
Name of Officer
This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an
employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional
pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income,other than investment
income, from the filer of the questionnaire?
E-1 Yes Fx I No
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income,from or at the
direction of the local government officer named in this section AND the taxable income is not received from the local
governmental entity?
F-1 Yes. Fx] No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local
government officer serves as an officer or director, or holds an ownership of 10 percent or more?
aYesXI No
D. Describe each employment or business relationship with the local government officer named in this section.
NONE
a
b2U(L t 1 il I 1*P—A July 15,2011
Signature of person doing business with the governmental entity Date
Adopted 06/29/2007
FW Solicitation #11-024 water Treatment Chemicals Testing Results.txt
From: Carling, Bruce
Sent: Monday, June 27, 2011 10:OS pM
To: Tollefsen, Gayle
Cc: Khoury, wade; Doyle, Dakota
subject: Fw: Solicitation #11-024 water Treatment Chemicals Testing
Results
Attachments: imageOO1.jpg
-----Original Message-----
From: Joy Baggggett '[mailto:jbaggett@round-rock.tx.us]
Sent: Mon 6/27/2011 2:02 PM
To• Carling, Bruce
subject: Solicitation #11-024 water Treatment Chemicals Testing Results
The chemical samples received for testing for Solicitation #11-024 water Treatment
chemicals have been tested and approved. Please submit this a-mail with your bid
response.
Joy Baggett
Purchaser
Purchasing Department
512-218-6682
jbaggett@round-rock.tx.us
Page 1
SOLICITATION NUMBER
11-024
SPECIFICATION NUMBER
11-885-00
DATE: MAY 2011
CITY OF ROUND ROCK
INVITATION FOR BID
FOR
WATER TREATMENT CHEMICALS
PART I
GENERAL
1. PURPOSE:The City of Round Rock, herein after"City", seeks to establish a multiple year
Agreement with a qualified person,firm or corporation, herein after"Respondent",to provide all
equipment, material and labor necessary to supply and deliver various water supply treatment
chemicals for treating potable water supplies located at various locations throughout the City.
2. DEFINITIONS,TERMS AND CONDITIONS: By submitting a response to this solicitation,the
Respondent agrees that the City's standard Definitions,Terms and Conditions shall govern unless
specifically provided for otherwise in a separate agreement or on the face of a purchase order.
Said Definitions,Terms and Conditions are subject to change without notice. It is the sole
responsibility of Respondents to stay apprised of changes. The City's Definitions,Terms and
Conditions can be obtained from the City's website at
http:/Avww.roundrocktexas oov/homefndex 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.gov/homelndex 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
lbaga@Mround-rock.tx.us
The individual above may be contacted for clarification of the specifications of this solicitation
only. No authority is intended or implied that specifications may be amended or alternates
accepted prior to closing date without written approval of the City's Purchasing Department.
Under no circumstances will private meetings be scheduled between Respondents and City staff.
1 of 4
SOLICITATION NUMBER
11-024
SPECIFICATION NUMBER
11-885-00
DATE: MAY 2011
PART II
INSTRUCTIONS
1. SOLICITATION SCHEDULE: It is the City's intention to comply with the following solicitation
timeline:
1.1 Solicitations released May 13,2011
1.2 Chemical Samples Due to City for Testing June 14,2011
1.3 City Response to Chemical Testing June 28,2011
1.4 Deadline for questions July 7,2011
1.5 City responses to all questions/addendums July 12,2011
1.6 Responses due by 3:00 p.m. July 19,2011
All questions regarding the solicitation shall be submitted in writing by 5:00 p.m.on the
due date noted above. A copy of all the questions submitted and the City's response to the
questions shall be posted on our webpage,
hfti):/twww.roundrocktexas.gov/homerindex.asp?page=462. Questions shall be submitted to the
City contact named above.
The City reserves the right to modify these dates. Notice of date change will be posted to the City
website.
2. DUE DATE:Signed and sealed responses are due to the Purchasing Department on the due
date noted above. Mail or carry sealed responses to:
City of Round Rock,Texas
Purchasing Office
221 E.Main Street
Round Rock,Texas 78664-5299
2.1 Responses received after this time and date will not be considered.
2.2 Sealed responses should be clearly marked on the outside of packaging with the
solicitation title, number,due date and"DO NOT OPEN".
2.3 Facsimile or electronically transmitted responses are not acceptable.
2.4 Late submittals will be returned to Respondent unopened if return address is provided.
3. BEST VALUE EVALUATION AND CRITERIA: All responses received shall be evaluated based
on the best value for the City. In determining best value,the City may consider the following:
3.1 Purchase price and terms;
3.2 Reputation of Respondent and of Respondents goods and services;
3.3 The quality of the Respondent's goods and services;
3.4 The extent to which the goods and services meet the City's needs;
3.5 Respondent's past relationship with the City;
3.6 Any relevant criteria specifically listed in the solicitation.
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.
5. FREIGHT: Price shall include FOB Destination, pre-paid and allowed unless otherwise specified
in writing. Price shall be inclusive of demurrage charges. No fuel surcharges shall be allowed.
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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.
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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
5494 N.IH 35
Round Rock,Texas 78681
And
Lake Creek Well Site
501 S.Mays
Round Rock,Texas 78664
And
Westinghouse Well Site
IH 35 and Westinghouse Road
Round Rock,Texas 78664
2. All containers shall:
2.1. Meet all applicable Department of Transportation and Chlorine Institute, Inc.standards.
2.2. Open with reasonable ease, using a wrench not greater than six inches in length.
2.3. Have a new or rebuilt valve installed prior to delivery.
2.4. Be visually inspected,vacuumed,exterior repainted,and leak tested prior to delivery.
2.5. Successfully pass hydrostatic testing at least every five years.
2.6. Have container number and tare weight clearly visible and legible.
3. The successful Respondent shall maintain a twenty-four (24) hour emergency service for liquid chlorine
emergencies that includes,at a minimum,the following:
3.1. Trained and certified personnel in hazardous materials response that shall be on-site within two(2)
hours of emergency notification from the City.
3.2. All necessary equipment and apparatus for managing and remediating any emergency leak or
release of chlorine from Respondent supplied cylinders or containers.
3.3. Procedures for the removal and disposal of defective or leaking cylinders or containers.
LIQUID ALUMINUM SULFATE
1. All Liquid Aluminum Sulfate delivered shall:
1.1. Contain no less than 8 percent water-soluble aluminum oxide.
1.2. Contain no less than.35 percent water soluble iron.
1.3. Be free of insoluble and suspended matter, including but not limited to:chips,dirt,grit and all other
foreign matter.
1.4. Possess adequate clarity for the easy reading of measuring devices.
1.5. Be in conformance with all applicable federal,state and local laws.
1.6. Have a certified weight ticket.
1.7. Be in clean,properly identified and labeled trucks used only for the transport and delivery of liquid
aluminum sulfate.
1.8. Be delivered into four 10,000-gallon bulk storage tanks through a standard 2-inch female quick
connect.
1.9. Be delivered to:
Water Plant
5494 N.IH 35
Round Rock,Texas 78681
2. Special Requirements
2.1. Respondents wishing to submit bids for Liquid Aluminum Sulfate shall obtain product(s)approval
from the City prior to submitting a bid.
2.2. Respondents shall ship,at their own expense,a sample of the product to be bid to:
Kim Lutz
2008 Enterprise Dr.
Round Rock,TX 78664
2.3. The quantity of the sample product must be at least five(5)gallons and must be received at the
above address no later than 4:00 p.m.,on June 14,2011. Results will be provided via-e-mail by
June 28,2011.
LIQUID ALUMINUM SULFATE WITH 2%COPPER SULFATE
1. All Liquid Aluminum Sulfate delivered shall:
1.1. Contain no less than 8 percent water-soluble aluminum oxide.
1.2. Contain no less than.35 percent water soluble iron.
1.3. Be free of insoluble and suspended matter, including but not limited to:chips,dirt,grit and all other
foreign matter.
1.4. Possess adequate clarity for the easy reading of measuring devices.
1.5. Be delivered in conformance with all applicable federal,state and local laws.
1.6. Have a certified weight ticket.
1.7. Be in a clean,properly identified and labeled trucks used only for the transport and delivery of liquid
aluminum sulfate.
1.8. Be delivered into four 10,000-gallon bulk storage tanks through a standard 2-inch female quick
connect.
1.9. Be delivered to:
Water Plant
5494 N.IH 35
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Round Rock,Texas 78681
2. Special Requirements
2.1. Respondents wishing to submit bids for Liquid Aluminum Sulfate shall obtain product approval from
the City prior to submitting a bid.
2.2. Respondents shall ship,at their own expense,a sample of the product to be bid to:
Kim Lutz
2008 Enterprise Dr.
Round Rock,TX 78664
2.3. The quantity of the sample product must be at least five(5)gallons and must be received at the
above address no later than 4:00 p.m.,on June 14,2011. Results will be provided viae-mail by
June 28,2011.
HYDROFLUOSILICIC ACID 23%
1. All Hydrofluosilicic Acid delivered shall:
1.1. Be free of insoluble and suspended matter, including but not limited to:chips,dirt,grit and all other
foreign matter.
1.2. Contain between 20%and 30%Hydrofluosilicic Acid.
1.3. Maximum dosage of 1.2 mg/L fluoride ion.
1.4. Be delivered in conformance with all applicable federal,state and local laws.
1.5. Have a certified weight ticket.
1.6. Be in a clean,properly identified and labeled trucks used only for the transport and delivery of
hydrofluosilicic acid.
1.7. Be delivered into a bulk storage tank through a standard 2-inch female quick connect.
1.8. Be delivered to:
Water Plant
5494 N.IH 35
Round Rock,Texas 78681
And
Lake Creek Well Site
501 S.Mays
Round Rock,Texas 78664
2. The successful Respondent shall maintain a twenty-four(24)hour emergency service for hydrofluosilicic acid
emergencies that includes,at a minimum,the following:
2.1. Trained and certified personnel in hazardous materials response that shall be on-site within two(2)
hours of emergency notification from the City.
2.2. All necessary equipment and apparatus for managing and remediating an emergency leak or
release of hydrofluosilicic acid.
COAGULANT AID(LIQUID CATIONIC POLYMER)
NOTE: Because the quality of the City's raw water changes periodically,the City is interested in receiving bids for
various weights of polymer. Data characterizing the raw water quality is included in Part III, Para. No.8 for use in
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product selection. Respondents may also submit polymer blends. The following specifications apply to all coagulant
aids:
1. All Liquid Cationic Polymer shall:
1.1. Have a high molecular weight.
1.2. Be cationic.
1.3. Be a liquid that is readily soluble in water at all concentrations.
1.4. Be effective over a pH range of 5.0 to 7.0 Standard Units.
1.5. Be effective over a temperature range from five degrees Celsius to 30 degrees Celsius.
1.6. Be resistant to chlorine.
1.7. Contain no less than.35 percent water soluble iron.
1.8. Be free of insoluble and suspended matter, including but not limited to:chips,dirt,grit and all other
foreign matter.
1.9. Possess adequate clarity for the easy reading of measuring devices.
1.10. Be delivered in conformance with all applicable federal,state and local laws.
1.11. Have a certified weight ticket.
1.12. Be in clean,properly identified and labeled fifty-five gallon drums.
1.13. Delivered to:
Water Plant
5494 N.IH 35
Round Rock,Texas 78681
2. Special Requirements
2.1. Respondents wishing to submit bids for Liquid Cationic Polymer shall obtain product approval from
the City prior to submitting a bid.
2.2. Respondents shall ship,at their own expense,a sample of the product to be bid to:
Kim Lutz
2008 Enterprise Dr.
Round Rock,TX 78664
2.3. The quantity of the sample product must be at least five(5)gallons and must be received at the
above address no later than 4:00 p.m.,on June 14,2011. Results Will be provided via-e-mail by
June 28,2011.
POTASSIUM PERMANGANATE—FREE FLOWING
1. All Potassium Permanganate delivered shall:
2.1. Contain 97%granular crystalline potassium permanganate.
2.2. Contain less than 500 mg/kg chromium.
2.3. Contain less than 100 mg/kg cadmium.
2.4. Be non-clumping and free flowing with a pour test index of greater than 0.7.
2.5. Be delivered in conformance with all applicable federal,state and local laws.
2.6. Have a certified weight ticket.
2.7. Be in clean,properly identified and labeled fifty-five(55)gallon drums or bulk containers.
2.8. Be delivered to
Water Plant
5494 N.IH 35
Round Rock,Texas 78681
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3. The successful Respondent shall maintain a twenty-four (24) hour emergency service for Potassium
Permanganate emergencies that includes,at a minimum,the following:
3.1. Trained and certified personnel in hazardous materials response that shall be on-site within two(2)
hours of emergency notification from the City.
3.2. All necessary equipment and apparatus for managing and remediating an emergency leak or
release of potassium permanganate.
3.3. Procedures for the removal and disposal of defective or leaking drums or containers.
BELT PRESS POLYMER
1. All Belt Press Polymer delivered shall:
1.1. Have a high molecular weight.
1.2. Have a broad cationic charge.
1.3. Be a liquid that is readily soluble in water at all concentrations.
1.4. Be effective over a pH range of 5.0 to 7.0 Standard Units.
I.S. Be effective over a temperature range from five degrees Celsius to 30 degrees Celsius.
I.S. Contain no less than.35 percent water soluble iron.
1.7. Be free of insoluble and suspended matter, including but not limited to:chips,dirt,grit and all other
foreign matter.
1.8. Possess adequate clarity for the easy reading of measuring devices.
1.9. Achieve a belt filter cake that is at least 93%solids at optimum dosing rates.
1.10. Be delivered in conformance with all applicable federal,state and local laws.
1.11. Have a certified weight ticket.
1.12. Be in clean,properly identified and labeled fifty-five gallon drums.
1.13. Be delivered to:
Water Plant
6494 N.IH 36
Round Rock,Texas 78681
2. Special Requirements
2.1. Respondents wishing to submit bids for Belt Press Polymer shall obtain product approval from the
City prior to submitting a bid.
2.2. Respondents must ship,at their own expense,a sample of the product to be bid to:
Kim Lutz
2008 Enterprise Dr.
Round Rock,TX 78664
2.3. The quantity of the sample product must be at least five(5)gallons and must be received at the
above address no later than 4:00 p.m.,on June 14,2011. Results will be provided viae-mail by
June 28,2011.
LIQUID AMMONIUM SULFATE(LAS)
1. All Liquid Ammonium Sulfate delivered shall:
1.1 Contain no soluble mineral or organic substances in quantities producing deleterious or injurious
effects on the health of persons consuming water that has been treated properly with chlorine.
1.2 Contain 10%ammonia(NH3).
1.3 Be completely soluble in water.
1.4 Be delivered in conformance with all applicable federal,state and local laws.
1.5 Have a certified weight ticket.
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1.6 Be in clean,properly identified and labeled vehicles used only for the transport and delivery of liquid
ammonium sulfate.
1.7 Be delivered into a bulk storage tank through a standard 2-inch female quick connect and 55 gallon
drums.
1.8 Be delivered to the
Water Plant
5484 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.
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ATTACHMENT A
CITY OF ROUND ROCK
INSURANCE REQUIREMENTS
1. INSURANCE:The Vendor shall procure and maintain at its sole cost and expense for the duration
of the contract or purchase order resulting from a response to this bid/Specification insurance
against claims for irnunes to persons or damages to property which may arise from or in
connection with the performance of the work as a result of this bid by the successful bidder its
agents. representatives volunteers employees or subcontractors
1.1. Certificates of Insurance and endorsements shall be furnished to the City and approved
by the City before work commences.
1.2. The following standard insurance policies shall be required:
1.2.1. General Liability Policy
1.2.2. Automobile Liability Policy
1.2.3. Worker's Compensation Policy
1.3. The following general requirements are applicable to all policies:
1.3.1. Only insurance companies licensed and admitted to do business in the State of
Texas shall be accepted.
1.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable
only on a per occurrence basis for property damage only.
1.3.3. Claims made policies shall not be accepted,except for Professional Liability
Insurance.
1.3.4. Upon request, certified copies of all insurance policies shall be furnished to the
City
1.3.5. Policies shall include, but not be limited to,the following minimum limits:
1.3.5.1. Minimum Bodily Injury Limits of$300,000.00 per occurrence.
1.3.5.2. Property Damage Insurance with minimum limits of$50,000.00 for
each occurrence.
1.3.5.3. Automobile Liability Insurance for all owned, non-owned,and hired
vehicles with minimum limits for Bodily Injury of$100,000.00 each
person,and$300,000.00 for each occurrence,and Property
Damage Minimum limits of$50,000.00 for each occurrence.
1.3.5.4. Statutory Worker's Compensation Insurance and minimum
$100,000.00 Employers Liability Insurance.
1.3.6. Coverage shall be maintained for two years minimum after the termination of the
Contract.
1.4. The City shall be entitled, upon request,and without expense to receive copies of
insurance policies and all endorsements thereto and may make reasonable request for
deletion, revision,or modification of particular policy terms,conditions,limitations,or
exclusions(except where policy provisions are established by law or regulation binding
either of the parties hereto or the underwriter of any of such policies). Upon such request
by the City,the Vendor shall exercise reasonable efforts to accomplish such changes in
policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the
requirements of the bid specification and the insurance endorsements stated below.
1.5. Vendor agrees that with respect to the required insurance,all insurance contracts and
certificate(s)of insurance will contain and state, in writing,on the certificate or its
attachment,the following provisions:
1.5.1. Provide for an additional insurance endorsement clause declaring the Vendor's
insurance as primary.
1.5.2. Name the City and its officers,employees,and elected officials as additional
insured's,(as the interest of each insured may appear)as to all applicable
coverage.
1.5.3. Provide thirty days notice to the City of cancellation,non-renewal,or material
changes
1.5.4. Remove all language on the certificate of insurance indicating:
1.5.4.1. That the insurance company or agent/broker shall endeavor to notify
the City;and,
1.5.4.2. Failure to do so shall impose no obligation of liability of any kind
upon the company, its agents,or representatives.
1.5.5. Provide for notice to the City at the addresses listed below by registered mail:
1.5.6. Vendor agrees to waive subrogation against the City, its officers,employees,
and elected officials for injuries,including death,property damage,or any other
loss to the extent same may be covered by the proceeds of insurance.
1.5.7. Provide that all provisions of this contract concerning liability,duty,and standard
of care together with the indemnification provision,shall be underwritten by
contractual liability coverage sufficient to include such obligations within
applicable policies.
1.5.8. All copies of the Certificate of Insurance shall reference the project name,bid
number or purchase order number for which the insurance is being supplied.
1.5.9. Vendor shall notify the City in the event of any change in coverage and shall
give such notices not less than thirty days prior notice to the change,which
notice shall be accomplished by a replacement Certificate of Insurance.
1.5.10. All notices shall be mailed to the City at the following addresses:
Assistant City Manager City 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(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.