Contract - Brenntag Southwest - 8/8/2019 CITY OF ROUND ROCK AGREEMENT
FOR PURCHASE OF WATER TREATMENT CHEMICALS
FROM
BRENNTAG SOUTHWEST,INC.
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS
That this Agreement for purchase of Sodium Permanganate 40% in totes, referred to
herein as the "Agreement," is made and entered into on this the � day of the month of
NpIql6t _, 2019, by and between the CITY OF ROUND ROCK, TEXAS, a home-rule
municipality whose offices are located at 221 East Main Street, Round Rock, Texas 78664,
referred to herein as the "City," and BRENNTAG SOUTHWEST, INC., whose offices are
located at 6800 Manor Cove, Building 201, Manor, Texas 78653, 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 Sodium Permanganate 40% in totes, 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
19-020 dated March 2019; (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:
00424588/ss2
-2 [q - 032.1
(1) This Agreement;
(2) Vendor's Response to IFB;
(3) City's Invitation for Bids, exhibits, and attachments.
B. City means the City of Round Rock, Williamson and Travis Counties,Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods mean the specified supplies, materials, commodities,or equipment.
F. Vendor means Brenntag Southwest, Inc., or any of its successors or assigns.
2.01 EFFECTIVE DATE AND TERM
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 thirty-six (36) months from the effective
date hereof.
C. 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.
3.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Vendor to supply certain goods as outlined in IFB 19-020 dated March
2019. 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
A. The goods which are the subject matter of this Agreement are described generally
in the attached Exhibit"A," incorporated herein by reference for all purposes.
B. This Agreement shall evidence the entire understanding and agreement between
the parties and shall supersede any prior proposals, correspondence or discussions.
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C. Vendor shall satisfactorily provide all deliverables described in Exhibit "A"
within the contract term specified. A change in the Scope of Services or any term of this
Agreement, including bonding requirements, must be negotiated and agreed to in all relevant
details, and must be embodied in a valid Supplemental Agreement as described herein.
5.01 COSTS
A. City agrees to pay for supplies during the term of this Agreement at the pricing set
forth in"Attachment A—Bid Sheet"Exhibit"A."
B. The City shall be authorized to pay the Services Provider an amount not-to-
exceed One Hundred Seventy-Nine Thousand and No/100 Dollars ($179,000.00) per year
for a total not-to-exceed amount of Five Hundred Thirty-Seven Thousand and No/100
Dollars ($537,000.00)for the term of this Agreement.
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
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.
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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 I
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.
11.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
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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
16-2013 and as set forth at:
https://www.roundrocktexas. og v/wp-content/uploads/2014/12/corr insurance 07.20112.pdf
14.01 CITY'S REPRESENTATIVE
City hereby designates the following representative(s) authorized to act in its behalf with
regard to this Agreement:
Michael Thane
Director of Utilities and Environmental Services
2008 Enterprise Drive
Round Rock, Texas, 78664
Telephone: (512)218-3236
mthane roundrocktexas.gov
15.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made,then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
16.01 DEFAULT
If Vendor abandons or defaults 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;
C. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
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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
A. 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.
B. In accordance with Chapter 2270, Texas Government Code, a governmental entity
may not enter into a contract with a company for goods or services unless the contract contains
written verification from the company that it: (1) does not boycott Israel; and (2)will not boycott
Israel and will not boycott Israel during the term of this contract. The signatory executing this
Agreement on behalf of Vendor verifies Vendor does not boycott Israel and will not boycott
Israel during the term of this Agreement.
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20.01 ASSIGNMENT AND DELEGATION
The parties hereby bind themselves, their successors, assigns and legal representatives to
each other with respect to the terms of this Agreement. Neither party shall assign, sublet or
transfer any interest in this Agreement without prior written authorization of the other party.
21.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to recipient's address as stated in this Agreement; or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Vendor:
Brenntag Southwest, Inc.
6800 Manor Cove
Building 201
Manor, TX 78653
Notice to City:
City Manager Stephen L. Sheets, City Attorney
221 East Main Street AND TO: 309 East Main Street
Round Rock, TX 78664 Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
22.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
23.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Vendor and City. This Agreement may only be amended or supplemented by mutual agreement
of the parties hereto in writing, duly authorized by action of the City Manager or City Council.
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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
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
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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.
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
City of Roundock, Texas Brenntag Southwest,Inc.
By: By: w.I,—
Printed
Name: Printed Name: W. T mas Crain, Jr.
Title: M U N *JyTitle: President
Date Signed: Date Signed: June 21, 2019
Attest:
B "tu'L'
Sara L. White, City Clerk
For City, proved as to Form:
B N L:::�
Stepha . Sheets, City Attorney
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Exhibit "A"
ROUND ROCK TEXAS
PURCHASING DIVISION
City of Round Rock, Texas
Purchasing Division
221 East Main Street
Round Rock, Texas 78664-5299
www.roundrocktexas.gov
INVITATION FOR BID (IFB)
SODIUM PERMANGANATE 40% IN TOTES
SOLICITATION NUMBER 19-020
MARCH 2019
Exhibit "A"
City of Round Rock
Sodium Permanganate 40% in Totes
IFB No. 19-020
Class/Item: 885-16
March 2019
SODIUM PERMANGANATE 40% IN TOTES
PART I
GENERAL REQUIREMENTS
1. PURPOSE: The City of Round Rock, herein after"the City" seeks a bid from firms experienced in water
treatment chemicals to provide all equipment, material, and labor necessary to supply Sodium Permanganate
40% in totes for treating potable water supplies.
2. BACKGROUND: The City of Round Rock operates a 52 million gallons per day surface water treatment plant,
a five million gallons per day ground water plant and a six million gallons per day waste water effluent reuse
plant. Each facility uses bulk treatment chemicals in their treatment processes.
3. SOLICITATION PACKET: This solicitation packet is comprised of the following:
Description Index
Part I—General Requirements Page(s) 2-5
Part II—Definitions, Standard Terms and Conditions page 6
and Insurance Requirements
Part III—Supplemental Terms and Conditions Page(s) 7-9
Part IV—Specifications Page(s) 10-11
Attachment A—Bid Sheet Page 12
Attachment B—Reference Sheet Page 13
4. AUTHORIZED PURCHASING CONTACT: For questions or clarification of specifications, you may contact:
Amanda Crowell Cheryl Kaufman
Purchasing Technician Purchasing Supervisor
Purchasing Division Purchasing Division
City of Round Rock City of Round Rock
Phone: 512-218-5458 Phone: 512-218-5417
E-mail: acrowellOroundrocktexas.gov E-mail:ckaufrnanaroundrocktexas.gov
The individual(s) listed above may be contacted by e-mail for clarification of the specifications only. No
authority is intended or implied that specifications may be amended or alterations accepted prior to solicitation
opening without written approval of the City of Round Rock through the Purchasing Department.
Pa¢e 2 of 1
Exhibit "A"
City of Round Rock
Sodium Permanganate 40% in Totes
IFB No. 19-020
Class/Item: 885-16
March 2019
5. SCHEDULE OF EVENTS: It is the City's intention to follow the solicitation timeline below.
EVENT DATE
Solicitation released March 26, 2019
Deadline for submission of questions April 4, 2019 @ 5:00 PM, CST
City responses to questions or addendums Approximately April 8, 2019 @ 5:00 PM, CST
Deadline for submission of responses April 18, 2019 @ 3:00 PM, CST
All questions regarding the solicitation shall be submitted in writing by 5:00 PM, CST on the due date noted
above. A copy of all questions submitted and the City's response to the questions shall be posted on the
City's webpage in the form of an addendum at:
https://wwvv.roundrocktexas.gov/businesses/solicitations/.
Questions shall be submitted in writing to the"Authorized Purchasing Contact". The City reserves the right to
modify these dates. Notice of date change will be posted to the City's website:
http://www.roundrocktexas.gov/bids.
6. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at
http://www.roundrocktexas.gov/bids for any updates pertaining to the solicitation described herein. Various
updates may include addendums, cancellations, notifications, and any other pertinent information necessary
for the submission of a correct and accurate response. The City will not be held responsible for any further
communication beyond updating the website.
7. RESPONSE DUE DATE: Signed and sealed responses are due at or before 3:00 PM, on the due date noted
in PART I, Section 5—Schedule of Events. Mail or hand deliver sealed responses to:
City of Round Rock
Attn: Amanda Crowell
Purchasing Department
221 E. Main Street
Round Rock,Texas 78664-5299
A. Sealed responses shall be clearly marked on the outside of packaging with the Solicitation title,
number, due date and "DO NOT OPEN".
B. Facsimile or electronically transmitted responses are not acceptable.
C. Responses cannot be altered or amended after opening.
D. No response can be withdrawn after opening without written approval from the City for an acceptable
reason.
E. The City will not be bound by any oral statement or offer made contrary to the written specifications.
F. Samples and/or copies shall be provided at the Respondent's expense, and shall become the property
of the City.
S. RESPONDENT REQUIREMENTS: The City of Round Rock makes no warranty that this checklist is a full
comprehensive listing of every requirement specified in the solicitation. This list is only a tool to assist
participating Respondents in compiling their final responses. Respondents are encouraged to carefully read
the entire solicitation.
Respondent shall submit one(1)evident signed"Original" and one identical electronic copy of the IFB
response. The submittal is required to include all addendums and requested attachments.
Page 3 of 13
Exhibit "A"
City of Round Rock
Sodium Permanganate 40% in Totes
IFB No. 19-020
Class/Item: 885-16
March 2019
This invitation for bid (IFB)does not commit the City to contract for any supply or service. Respondents are
advised that the City will not pay for any administrative costs incurred in response preparation to this IFB; all
costs associated with responding to this IFB will be solely at the interested parties'expense. Not responding
to this IFB does not preclude participation in any future RFP/RFQ/IFB.
For your bid to be responsive addendums and the attachments identified below shall be submitted
with your proposal.
Addendums:Addendums may be posted to this solicitation. Bidders are required to submit signed
addendums with their sealed response. The Bidder shall be responsible for monitoring the City's website
at http://www.roundrocktexas.gov/bids for any updates pertaining to the solicitation.
Attachment A: BID SHEET: The bid response shall be submitted on itemized, signed Bid Sheet provided
n the solicitation packet. Failure to complete and sign the bid sheet will result in disqualification. If there is
a conflict between the unit price and extended price, the unit price will take precedence. Submission of
responses on forms other that the City's Solicitation Document may result in disqualification of the
response.
Attachment B: REFERENCE SHEET: Provide the name, address, telephone number and E-MAIL of at
least three (3)valid Municipal, Government agencies or firms of comparable size that have utilized
services that are similar in type and capacity within the last two(2)years. City of Round Rock references
are not applicable. References may be checked prior to award. If references cannot be confirmed or if
any negative responses are received it may result in the disqualification of submittal.
9. BEST VALUE EVALUATION AND CRITERIA: The City reserves the right to reject any or all responses, or to
accept any response deerned most advantageous, or to waive any irregularities or informalities in the
response received that best serves the interest and at the sole discretion of the City.All solicitations received
may be evaluated based on the best value for the City. In determining best value, the City may consider:
A. Purchase price;
B. Reputation of Respondent and of Respondent's goods and services,
C. Quality of the Respondent's goods and services;
D. The extent to which the goods and services meet the City's needs;
E. Respondent's past performance with the City;
F. The total long-term cost to the City to acquire the Respondent's goods or services;
G. Any relevant criteria specifically listed in the solicitation.
Respondents may be contacted for clarification of bid and/or to discuss details of the services they are
proposing.This may include a presentation and/or the request for additional material/information.
10. CONFIDENTIALITY OF CONTENT: As stated in Section 16 of City of Round Rock Purchasing Definitions,
Standard Terms and Conditions, all documents submitted in response to a solicitation shall be subject to the
Texas Public Information Act. Following an award, responses are subject to release as public information
unless the response or specific parts of the response can be shown to be exempt from the Texas Public
Information Act. Pricing is not considered to be confidential under any circumstances
A. Information in a submittal that is legally protected as a trade secret or otherwise confidential must be
clearly indicated with stamped, bold red letters stating "CONFIDENTIAL"on that section of the
document. The City will not be responsible for any public disclosure of confidential information if it is not
clearly marked as such.
B. If a request is made under the Texas Public Information Act to inspect information designated as
confidential, the Respondent shall, upon request from the City, furnish sufficient written reasons and
information as to why the information should be protected from disclosure. The matter will then be
presented to the Attorney General of Texas for final determination.
Paye 4 of 1
Exhibit "A"
City of Round Rock
Sodium Permanganate 40% in Totes
IFB No. 19-020
Class/Item: 885-16
March 2019
11. SUSPENSION OR DEBARMENT CERTIFICATION: The provisions of the Code of Federal Regulations 2
CFR part 180 suspension and debarment may apply to this agreement. The City of Round Rock is prohibited
from contracting with or making prime or sub-awards to parties that are suspended or debarred or whose
principals are suspended or debarred from doing business with the Federal Government, State of Texas, or
the City of Round Rock.
12. CERTIFICATE OF INTERESTED PARTIES: Section 2252.908 of the Texas Government Code requires the
successful offeror to complete a Form 1295"Certificate of Interested Parties"that is signed for a contract
award requiring council authorization. The"Certificate of Interested Parties"form must be completed on the
Texas Ethics Commission website, printed, signed and submitted to the City by the authorized agent of the
Business Entity with acknowledgment that disclosure is made under oath and under penalty of perjury prior to
final contract execution. Link to Texas Ethics Commission Webpage:
https://www.ethics.state.tx.us/whatsnew/elf info forml295.htm
Page 5 of 13
Exhibit "A"
City of Round Rock
Sodium Permanganate 40% in Totes
IFB No. 19-020
Class/Item: 885-16
March 2019
PART II
DEFINITIONS, STANDARD TERMS AND CONDITONS
AND INSURANCE REQUIREMENTS
1. DEFINITIONS, STANDARD TERMS AND CONDITIONS: By submitting a response to this solicitation, the
Respondent agrees that the City's Definitions, Standard Terms and Conditions, in effect at the time of release
of the solicitation, shall govern unless specifically provided otherwise in a separate agreement or on the face
of a purchase order. Said Definitions, Terms and Conditions are subject to change without notice. It is the
sole responsibility of Respondents to stay apprised of changes. The City's Definitions, Standard Terms and
Conditions can be viewed and downloaded from the City's website at:
https://www.roundrocktexas.gov/departments/purchasing/
2. INSURANCE: Insurance does not apply to this solicitation.
Page 6 of 13
Exhibit "A"
City of Round Rock
Sodium Permanganate 40% in Totes
iFB No. 19-020
Class/Item: 885-16
March 2019
PART III
SUPPLEMENTAL TERMS AND CONDITIONS
1. AGREEMENT TERM: The terms of the awarded agreement shall include but not be limited to the following:
A. The term of the Agreement shall begin from date of award and shall remain in full force for thirty-six(36)
months.
B. Upon expiration of the contract term, the Contractor agrees to hold over under the terms and conditions
of this agreement for such a period as is reasonably necessary to re-solicit and/or complete the project
up to 90 days.
2. RESPONDENT QUALIFICATIONS: The City has established the following minimum qualifications.
Respondents who do not meet the minimum qualifications will not be considered for award. The Respondent
shall:
A. Be firms, corporations, individuals or partnerships normally engaged in providing Sodium
Permanganate 40% in totes as specified herein and have adequate organization, facilities, equipment,
financial capability, and personnel to ensure prompt and efficient service to the City;
B. Provide all labor, supplies and materials required to satisfactorily perform the services as specified
herein and own or acquire at no cost to the City all construction aids, appliances, and equipment
Respondent deems necessary and maintain sole responsibility for the maintenance and repair of
Respondent's vehicles, equipment, tools and all associated costs. The City shall not be responsible for
any Respondent's tools, equipment or materials lost or damaged during the performance of the
services specified herein;
C. Be domiciled in or have a home office inside the United States. Respondents domiciled outside the
United States, or not having a home office inside the United States will not be included for consideration
in this procurement process.
3. SUBCONTRACTORS: Respondent shall not subcontract or otherwise engage subcontractors to perform
required services. The City seeks to do business directly with a company experienced in providing Sodium
Permanganate 40%.
4. SAFETY: The City reserves the right to remove any employee from City property for violation of federal,
state, and local health, safety and environmental laws, ordinances, rules and regulations. The Respondent
shall:
A. Ensure that all employees comply with all Occupational Safety and Health Administration (OSHA), State
and City safety and occupational health standards and other applicable federal, state, and local health,
safety, and environmental laws ordinances, rules and regulations in the performance of these services;
B. Be held responsible for the safety of their employees and unsafe acts or conditions that may cause
injury or damage to any persons or property within and around the work site. In case of conflict, the
most stringent safety requirement shall govern;
C. Indemnify and hold the City harmless from and against all claims, demands, suits, actions,judgments,
fines penalties and liability of every kind arising from the breach of the Successful Respondents'
obligations under this paragraph.
5. WORKFORCE: Successful Respondent shall:
A. Ensure Respondent's employees perform the services in a timely, professional and efficient manner;
B. Ensure Respondent's employees, while working on City property, wear a company uniform that clearly
identifies them as the Respondent's employee;
C. Employ all personnel for work in accordance with the requirements set forth by the United States
Department of Labor. The City reserves the right to verify citizenship or right to work in the United States.
Pa,,e 7 of 13
Exhibit "A"
City of Round Rock
Sodium Permanganate 40% in Totes
IFB No. 19-020
Class/Item: 885-16
March 2019
6. PRICING:The Respondent shall determine and submit a fixed cost for the work and shall include all incidental
7osts, labor. overhead charges, travel, payroll expenses, freight, equipment acquisition and maintenance,
Aemurrage, fuel surcharges, delivery charges, costs associated with obtaining permits, insurance, bonds and
risk management. No separate line item charges shall be permitted for either response or invoice purposes.
7. PRICE INCREASE: Contract prices for Sodium Permanganate 40% shall rernain firm throughout the initial
twelve(12)month term of the contract. A price increase to the agreement may be considered on the anniversary
date of the Contract each year and shall be equal to the consumer price index for that year, but at no time can
the increase be greater than 15%for any single line item.
A. Consumer Price Index(CPI): Price adjustments will be made in accordance with the percentage change
in the U.S. Department of Labor Consumer Price Index (CPI-U) for all Urban Consumers. The price
adjustment rate will be determined by comparing the percentage difference between the CPI in effect for
the base year six-month average(January through June OR July through December): and each(January
through June OR July through December six month average) thereafter. The percentage difference
between those two CPI issues will be the price adjustment rate. No retroactive contract price adjustments
will be allowed. The Consumer Price Index (CPI) is found at the Bureau of Labor Statistics, Consumer
Price Index website: http://\&ww.bls.gov/cpi/.
B. Procedure to Request Increase:
i. Mail the written price increase request with the rate detail comparison and comprehensive
calculation and any supporting documentation to the designated City Contract Specialist a
minimum of 45 days prior to the annual Contract anniversary date. The detailed written
calculation will be verified and confirmed. All written requests for increases must include the
City of Round Rock contract number, solicitation reference information and contact information
for the authorized representative requesting the increase. Price increase requests shall be sent
by mail to:
City of Round Rock
Purchasing Department
Attn: Contract Specialist
221 East Main Street
Round Rock, TX 79664-5299
ii. Upon receipt of the request, the City reserves the right to either, accept the escalation and
make change to the purchase order within 30 days of the request, negotiate with the Vendor or
cancel the agreement or purchase order if an agreement cannot be reached on the value of the
increase.
8. PERFORMANCE REVIEW: The City reserves the right to review the awarded respondents' performance
anytime during the contract term.
9. ACCEPTANCE/INSPECTION: Acceptance inspection should not take more than five (5)working days. The
awarded respondent will be notified within the time frame if the services delivered are not in full compliance
with the specifications. In the event the services are not performed to the satisfaction of the City, the vendor
shall agree to reperform services to specification at no additional cost to the City. If any agreement or
purchase order is cancelled for non-acceptance, the needed services may be purchased elsewhere and the
vendor may be charged liquidated damages.
10. MATERIALS SPECIFICATIONS/DESCRIPTIVE LITERATURE:
A. Materials specifications/descriptive literature are defined as product manufacturer's catalog pages, "cut
sheets"applicable tests results, or related detailed documents that specify material construction,
performance parameters, and any industrial standards that are applicable such as ANSI, ASTM, ASME,
SAE, NFPA, NBS, EIA, ESL, and NSA. The submitted materials specifications/descriptive literature must
include the manufacturer's name and product number of the product being offered.
Page 8 of 13
Exhibit "A"
City of Round Rock
Sodium Permanganate 40% in Totes
IFB No. 19-020
Class/Item: 885-16
March 2019
B. Failure to submit the materials specifications/descriptive literature as part of the Offer may subject the
Offer to disqualification from consideration for award.
C. The failure of the materials specifications/descriptive literature to show that the product offered conforms
to the requirements of the Solicitation shall result in rejection of the Offer.
D. The vendor shall supply the following documents with each delivery:
i. Vendor shall provide the current Safety Data Sheet
ii. Vendor shall provide a certificate of analysis and/or certificate of conformance
11. 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.
12. 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 services/goods needed to
satisfy requirements within budgetary constraints, which may be more or less than indicated.
13. PERMITS: The Successful Respondent shall verify and obtain all necessary permits, licenses, and/or
certificates required by federal, state and local laws, ordinances, rules or regulations for the completion of the
services as specified if required for the project.
14. AWARD: The City reserves the right to enter into an Agreement or a Purchase Order with a single award,
split award, primary and secondary award, non-award, or use any combination that best serves the interest
and at the sole discretion of the City. Respondents to the solicitation will be notified when City staff
recommendation of award has been made. The award announcement will be posted to the City's website at
https://www.roundrocktexas.gov/businesses/solicitations/once City Council has approved the
recommendation of award and the agreement has been executed.
15. POST AWARD MEETING: The City and Successful Respondent(s) may have a post award meeting to
discuss, but not be limited to the following:
A. The method to provide a smooth and orderly transition of services performed from the current contractor,
B. Provide City contact(s) information for implementation of agreement.
C. Identify specific milestones, goals, and strategies to meet objectives.
16. POINT OF CONTACT/DESIGNATED REPRESENTATIVE:
A. Contractor's point of contact: In order to maintain consistent standards of quality work performed
across the City, the City shall be provided with a designated and identified point of contact upon award
of the contract to include contact information. The City's designated representative shall be notified by
the Respondent immediately should the point of contact change.
B. The City's designated representative:
Brandon Pritchett
Water Plant Superintendent
Phone: (512) 341-3133
E-mail: bpritchettftroundrocktexas.gov
17. INTERLOCAL PURCHASING AGREEMENTS
A. The City has entered into Interlocal Agreements with other Governmental agencies pursuant to the
Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. The Contractor agrees to offer
the same price and terms and conditions to other eligible agencies that have an interlocal agreement
with the City.
B. The City does not accept any responsibility or liability for the purchases by other government agencies
through an interlocal cooperative agreement.
Page 9 of 13
Exhibit "A"
City of Round Rock
Sodium Permanganate 40% in Totes
IFB No. 19-020
Class/Item: 885-16
March 2019
PART IV
SPECIFICATIONS
1. Purpose: The City of Round Rock, herein after"the City" seeks a bid from firms experienced in water
treatment chemicals to provide all equipment, material, and labor necessary to supply and sodium
permanganate 40% chemicals for treating potable water supplies.
2. Background: The City of Round Rock operates a fifty-two(52) million per day surface water treatment plant
(WTP), a five (5) million gallons per day ground water plant and a six(6) million gallons per day waste water
effluent reuse plant, each facility uses bulk treatment chemicals in their treatment processes.
3. Responsibilities:
A. Contractor's Responsibilities
i. The Contractor shall not deliver more than 20 totes of material at a time unless authorized in advance
by the City.
ii. Totes shall be 275-gallon IBC totes with cages, no special cap needs were identified.
iii. Totes shall be picked up by the vendor upon delivery of new totes as needed at no additional cost to
the City.
iv. The Vendor shall schedule delivery at least 24 hours in advance of their arrival with the City or Round
Rock's designated point of contact and obtain approval prior to arriving on site.
v. Delivery shall occur between 7:00 a.m. -4:00 p.m. Monday thru Friday, excluding City holidays.
vi. Delivery trucks will access the WTP through the front gate of the facility after ringing the bell and being
let in.
B. City's Responsibilities
i. City personnel shall offload material using the City's forklift.
ii. The material shall be signed for by an authorized City of Round Rock employee-the Duty
Operator or Chad Kinder.
iii. The City shall store these totes in an outside containment pad under an enclosed shelter
out of direct sunlight.
4. Chemical Requirements:
A. All sodium permanganate 40% delivered shall meet the following standards:
i. Be approved as a drinking water additive in accordance with NSF/ANSI Standard 60.
ii. Contain 39 to 41.5% sodium permanganate.
iii. Have a pH between 5 and 8 standard units.
iv. Have a specific gravity of 1.36 to 1.39.
v. Be delivered in conformance with all applicable federal, state, and local laws. A certified weight ticket
is required.
vi. Be in clean, properly identified, and labeled totes.
vii. Be delivered to:
Water Plant
5200 N. IH 35
Round Rock, Texas 78681
Page 10 of 13
Exhibit "A"
City of Round Rock
Sodium Permanganate 40% in Totes
IFB No. 19-020
Class/Item: 885-16
March 2019
B. Details of the raw water characteristics are as follows:
Constituent Average Concentration or Range
Hardness 150 to 190 mg/L
I Turbidity 1.0 to 4.0 NTU
Alkalinity 165 to 185 mg/L
Temperature 10 to 30 degrees Celsius
H 7.2 to 8.0 s.0
C. Emergency Situations- The successful Respondent shall maintain twenty-four(24) hour emergency
service coverage for sodium permanganate 40%. The Contractor shall provide the following in the
event of an emergency:
i. Trained and certified personnel in hazardous materials response that shall be on-site within two(2)
hours of ernergency notification from the City.
ii. Provide all necessary equipment and apparatuses for managing and remediating an emergency
leak or release of sodium permanganate 40%. Provide and follow procedures for the removal and
disposal of defective or leaking drums or containers.
Paque I 1 of 1_
Exhibit "A"
City of Round Rock
Sodium Permanganate 40% in Totes
IFB No. 19-020
Class/Item: 885-16
March 2019
ATTACHMENT A
BID SHEET
1. ATTACHMENT A—BID SHEET is posted in Solicitation Documents for IFB 19-020 Sodium Permanganate
40% in an Excel format on the City of Round Rock website at:
https//www roundrocktexas gov/departments/purchasing/purchasing-active-solicitations/
1.1 In order to be considered responsive Attachment A- Bid Sheet must be completed, signed by an
authorized representative and returned by the deadline for submission of response indicated in Part I
Section 5—Schedule of Events.
1.2 The Respondent, by submitting and signing Attachment A—Bid Sheet, acknowledges that he/she has
received and read the entire document packet sections defined above including all documents
incorporated by reference, and agrees to be bound by the terms therein.
1.3 In order to do business with the City of Round Rock you must be registered with the City's Vendor
Database. To register, go to: https://roundrock.munisseIfservice.com/Vendors/defauIt.aspx.
1.4 By the signature affixed on Attachment A-Bid Sheet, the Respondent hereby certifies that neither the
Respondent nor the entity represented by the Respondent, or anyone acting for such entity has violated
the antitrust laws of this State, 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."
1.5 The Respondent agrees, if this Offer is accepted within 120 calendar days after the Due Date, to fully
comply in strict accordance with the Solicitation, specifications and the amounts shown on bid sheet.
Pave 12 of 13
Exhibit "A"
Attachment A-Bid Sheet
Sodium Permanganate 40%
IFB 19-020
The Respondent represents by their signature below that he/she is submitting a binding offer and is authorized to bind the respondent to fully comply with
the solicitation documents contained in IFB 19-020 Sodium Permanganate 40%in totes. The Respondent acknowledges that he/she has received and
read the entire solicitation packet,attachments,and all documents incorporated by reference,and agrees to be bound by the terms therein.
Special Instructions: All prices must be quoted in order to be considered responsive,be advised that exceptions taken to any portion of the solicitation will
jeopardize acceptance of the bid. Alternative bids will not be considered,modification to the bid sheet format will result in the rejection of the bid. The City
(reserves the right to purchase more or less than the quantities indicated below.
'The expected tote should contain-275 gallons of material with an average weight of=3.190 pounds of material per tote.
No. Description Estimated Unit Unit Cost Extended Total
Annual Quantity
1 Sodium Permanganate 40%in totes 120,000 LB $1.49 $178,800.00
Annual Total: $178,800.00
COMPANY NAME: Brenntaq Southwest, Inc.
SIGNATURE OF AUTHORIZED REPRESENTATIVE
PRINTED NAME: Dakota Doyle
PHONE NUMBER: (512)278-1600
EMAIL ADDRESS: gtullier@brenntag.com
brenntag.cof71
Page 1 of 1
Exhibit "A"
City of Round Rock
Sodium Permanganate 40% in Totes
IFB No. 19-020
Class/item: 885-16
March 2019
ATTACHMENT B:
REFERENCE SHEET
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: 19-020
RESPONDENT'S NAME: Brenntag_Southwest Inc DATE: April 17. 2019
Provide the name, address, telephone number and E-MAIL of at least three(3)valid Municipal, Government
agencies or firms of comparable size that have utilized services that are similar in type and capacity within the last
two (2)years. City of Round Rock references are not applicable. References may be checked prior to award. If
references cannot be confirmed or if any negative responses are received it may result in the disqualification of
submittal.
1. Company's Name Upper Trinity Regional Water District
Name of Contact Kari Schachere
Title of Contact Purchasing Specialist
E-Mail Address kchachere@utrwd.com
Present Address 900 N. Kealy Street
City, State, Zip Code Lewisville, Texas 75057
Telephone Number ( 972 ) 219-1228 Fax Number: ( 972 )
2. Company's Name City of Corsicana
Name of Contact
Allie Jordan
Title of Contact Environmental Services Director
E-Mail Address ajordan@ci.corsicana.tx.us
Present Address 200 N 12th Street
City, State, Zip Code Corsicana, Texas 75110
Telephone Number ( 903 ) 654-4889 Fax Number: ( 903 ) 654-4970
3. Company's Name City of Temple
Name of Contact
Sarah Parker
Title of Contact Purchasing
E-Mail Address purchasing@templetx.gov
Present Address 3210 East Avenue H
City, State, Zip Code Temple, Texas 76501
Telephone Number ( 254 ) 298-5655 Fax Number ( )
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
Page 13 of 13
Exhibit "A"
ROUND RUCK TEXAS
P"CO&UP4G OnnVom
ADDENDUM
CITY OF ROUND ROCK,TEXAS
Solicitation: 1176 19-020 Addendum No: 1 Date of Addendum: April 5, 2019
This addendum is to incorporate the following changes to the above referenced solicitation:
I. Questions:
Q1. What is the typical number of totes Round Rock receives per delivery?
Al. We would take a delivery of 10 totes In a single delivery.
Q2. Who is the current supplier and what is the current price?
A2. We currently do not purchase this product In this concentration,so we have neither a current
supplier nor a current price.
03. Will the City work with the supplier to have a recycler pick up the empty totes?
A3. Yes. We would have them ready to be picked up and would use our forklift on-site to load their truck
If feasible,
II. ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME.
i
i
APPROVED BY: April 5,2019
Cheryl Kaufm n,Vurchs)ng_Supervisor
Purchasing OVice, 512-U8-5417
By the signature affixed below this addendum is hereby incorporated into and made a part of the above referenced
solicitation.
ACKNOWLEDGED BY:
'P.4lo�a o yle <_:::� 1.11 ;�44
Name-� Authorized Signa Da
RETURN ONE 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.
BRENNTAGAM., SAFE HEET
1. Identification
Product identifier SODIUM PERMANGANATE 40% NSF 1-WAY
Other means of identification None.
Recommended use ALL PROPER AND LEGAL PURPOSES
Recommended restrictions None known.
Manufacturer/Importer/SupplierlDistributor information
Manufacturer
Company name Brenntag Southwest, Inc.
Address 610 Fisher Road
Longview,TX 75604
Telephone 903-759-7151
E-mail Not available.
Emergency phone number 800-424-9300 CHEMTREC
2. Hazard(s) identification
Physical hazards Oxidizing liquids Category 2
Health hazards Serious eye damage/eye irritation Category 2A
Specific target organ toxicity, single exposure Category 3 respiratory tract irritation
Environmental hazards Not classified.
OSHA defined hazards Not classified.
Label elements
•
Signal word Danger
Hazard statement May intensify fire; oxidizer Causes serious eye irritation. May cause respiratory irritation.
Precautionary statement
Prevention Keep away from heat. Keep/Store away from clothing and other combustible materials. Take any
precaution to avoid mixing with combustibles.Avoid breathing mist or vapor.Wash thoroughly
after handling. Use only outdoors or in a well-ventilated area.Wear protective gloves/eye
protection/face protection.
Response If inhaled: Remove person to fresh air and keep comfortable for breathing. If in eyes: Rinse
cautiously with water for several minutes Remove contact lenses, if present and easy to do.
Continue rinsing. Call a poison center/doctor if you feel unwell. If eye irritation persists: Get
medical advice/attention. In case of fire: Use appropriate media to extinguish.
Storage Store in a well-ventilated place. Keep container tightly closed. Store locked up.
Disposal Dispose of contents/container in accordance with locale`regional/nationaVinternational regulations.
Hazard(s)not otherwise None known.
classified (HNOC)
Supplemental information None.
3. Compositionlinformation on ingredients
Mixtures
Chemical name Common nam and synonyms CAS number %
PERMANGANIC ACID(HMN04), 10101-50-5 40
SODIUM SALT
Other components below reportable levels 60
`Designates that a specific chemical identity and/or percentage of composition has been withheld as a trade secret.
Material name:SODIUM PERMANGANATE 40%NSF 1-WAY sos us
673840 Version#:04 Revision date:04-02-2018 Issue date:02-04-2016 1 /7
4. First-aid measures Exhibit "A"
Inhalation Remove victim to fresh air and keep at rest in a position comfortable for breathing. Call a POISON
CENTER or doctor/physician if you feel unwell.
Skin contact IF ON CLOTHING: rinse immediately contaminated clothing and skin with plenty of water before
removing clothes.Wash off with soap and water. Get medical attention if irritation develops and
persists.
Eye contact Immediately flush eyes with plenty of water for at least 15 minutes. Remove contact lenses, if
present and easy to do. Continue rinsing. If eye irritation persists: Get medical advice/attention.
Ingestion Rinse mouth. Get medical attention if symptoms occur.
Most important Severe eye irritation. Symptoms may include stinging,tearing, redness, swelling, and blurred
symptoms/effects,acute and vision. May cause respiratory irritation.
delayed
Indication of immediate Provide general supportive measures and treat symptomatically. Keep victim under observation.
medical attention and special Symptoms may be delayed.
treatment needed
General information Take off all contaminated clothing immediately. Contact with combustible material may cause fire.
If you feel unwell, seek medical advice (show the label where possible). Ensure that medical
personnel are aware of the material(s)involved, and take precautions to protect themselves.Wash
contaminated clothing before reuse.
5. Fire-fighting measures
Suitable extinguishing media Water fog. Foam. Dry chemical powder. Carbon dioxide(CO2).
Unsuitable extinguishing Do not use water jet as an extinguisher, as this will spread the fire.
media
Specific hazards arising from Greatly increases the burning rate of combustible materials. Containers may explode when
the chemical heated. During fire,gases hazardous to health may be formed.
Special protective equipment Self-contained breathing apparatus and full protective clothing must be worn in case of fire.
and precautions for firefighters
Fire fighting In case of fire and/or explosion do not breathe fumes. In case of fire: Stop leak if safe to do so
equipment/instructions Move containers from fire area if you can do so without risk.
Specific methods Use standard firefighting procedures and consider the hazards of other involved materials.
General fire hazards May intensify fire; oxidizer. Contact with combustible material may cause fire.
6. Accidental release measures
Personal precautions, Keep unnecessary personnel away. Keep people away from and upwind of spill/leak. Keep away
protective equipment and from clothing and other combustible materials. Wear appropriate protective equipment and
emergency procedures clothing during clean-up. Avoid breathing mist or vapor. Do not touch damaged containers or
spilled material unless wearing appropriate protective clothing. Ensure adequate ventilation. Local
authorities should be advised if significant spillages cannot be contained. For personal protection,
see section 8 of the SDS.
Methods and materials for Eliminate all ignition sources(no smoking, flares, sparks, or flames in immediate area). Keep
containment and cleaning up combustibles(wood, paper, oil, etc.)away from spilled material.Ventilate the contaminated area.
Wear appropriate protective equipment and clothing during clean-up.
Large Spills: Stop the flow of material, if this is without risk. Dike the spilled material, where this is
possible. Use a non-combustible material like vermiculite, sand or earth to soak up the product
and place into a container for later disposal. Following product recovery, flush area with water.
Small Spills: Absorb with earth, sand or other non-combustible material and transfer to containers
for later disposal. Clean surface thoroughly to remove residual contamination.
Never return spills to original containers for re-use. For waste disposal. see section 13 of the SDS
For waste disposal, see section 13 of the SDS.
Environmental precautions Avoid discharge into drains,water courses or onto the ground.
7. Handling and storage
Precautions for safe handling Keep away from heat. Take any precaution to avoid mixing with combustibles. Keep away from
clothing and other combustible materials.Avoid breathing mist or vapor.Avoid contact with eyes.
Provide adequate ventilation.Wear appropriate personal protective equipment. Observe good
industrial hygiene practices.
Material name:SODIUM PERMANGANATE 40%NSF 1-WAY SDS Us
673840 Version#:04 Revision date:04-02-2018 Issue date:02-04-2016 2/7
Conditions for safe storage, Store locked up. Keep aw y f om hyt. Store in a cool. dry place out of direct sunlight. Store in
including any incompatibilities original tightly closed f IOW itoA a well-ventilated place. Do not store near combustible
materials. Store away from incompatible materials(see Section 10 of the SDS). Store away from
incompatible materials(see Section 10 of the SDS).
8. Exposure controls/personal protection
Occupational exposure limits No exposure limits noted for ingredient(s).
Biological limit values No biological exposure limits noted for the ingredient(s).
Appropriate engineering Good general ventilation (typically 10 air changes per hour)should be used. Ventilation rates
controls should be matched to conditions. If applicable, use process enclosures, local exhaust ventilation,
or other engineering controls to maintain airborne levels below recommended exposure limits. If
exposure limits have not been established, maintain airborne levels to an acceptable level. Provide
eyewash station.
Individual protection measures,such as personal protective equipment
The following are recommendations for Personnel Protective Equipment(PPE).The employer/user of this product must perform a
Hazard Assessment of the workplace according to OSHA regulations 29 CFR 1910.132 to determine the appropriate PPE for use
while performing any task involving potential exposure to this product.
Eye/face protection Chemical respirator with organic vapor cartridge and full facepiece.
Skin protection
Hand protection Wear appropriate chemical resistant gloves. Be aware that the liquid may penetrate the gloves.
Frequent change is advisable. Suitable gloves can be recommended by the glove supplier.
Other Wear suitable protective clothing.
Respiratory protection Chemical respirator with organic vapor cartridge and full facepiece.
Thermal hazards Wear appropriate thermal protective clothing,when necessary.
General hygiene Keep from contact with clothing and other combustible materials. Remove and wash contaminated
considerations clothing promptly.Always observe good personal hygiene measures. such as washing after
handling the material and before eating, drinking, and/or smoking. Routinely wash work clothing
and protective equipment to remove contaminants.
9. Physical and chemical properties
Appearance
Physical state Liquid.
Form Liquid.
Color Dark purple
Odor ODORLESS
Odor threshold Not available
pH Not available.
Melting point/freezing point Not available.
Initial boiling point and boiling 212°F (100°C)estimated
range
Flash point Not available.
Evaporation rate Not available.
Flammability(solid,gas) Not applicable.
Upper/lower flammability or explosive limits
Flammability limit-lower Not available.
N
Flammability limit-upper Not available.
(%)
Explosive limit-lower(%) Not available
Explosive limit-upper Not available
Vapor pressure Not available.
Vapor density Not available
Relative density Not available.
Solubility(ies)
Solubility(water) Not available.
Material name:SODIUM PERMANGANATE 40%NSF 1-WAY SDS US
673840 Version#:04 Revision date:04-02-2018 Issue date:02-04-2016 3/7
Partition coefficient Not available.
(n-octanol/water) Exhibit "A"
Auto-ignition temperature Not available.
Decomposition temperature Not available.
Viscosity Not available.
Other information
Density 11.43 lbs/gal
Explosive properties Not explosive.
Oxidizing properties May intensify fire; oxidizer
Percent volatile 60%estimated
Specific gravity 1.37
10. Stability and reactivity
Reactivity Greatly increases the burning rate of combustible materials.
Chemical stability Material is stable under normal conditions.
Possibility of hazardous No dangerous reaction known under conditions of normal use.
reactions
Conditions to avoid Heat. Contact with incompatible materials.
Incompatible materials Combustible material. Reducing agents.
Hazardous decomposition No hazardous decomposition products are known,
products
11. Toxicological information
Information on likely routes of exposure
Inhalation May cause irritation to the respiratory system.
Skin contact No adverse effects due to skin contact are expected.
Eye contact Causes serious eye irritation.
Ingestion Expected to be a low ingestion hazard.
Symptoms related to the Severe eye irritation. Symptoms may include stinging,tearing, redness, swelling, and blurred
physical, chemical and vision. May cause respiratory irritation.
toxicological characteristics
Information on toxicological effects
Acute toxicity Not available.
Skin corrosion/irritation Prolonged skin contact may cause temporary irritation.
Serious eye damage/eye Causes serious eye irritation.
irritation
Respiratory or skin sensitization
Respiratory sensitization Not a respiratory sensitizer.
Skin sensitization This product is not expected to cause skin sensitization.
Germ cell mutagenicity No data available to indicate product or any components present at greater than 0.1% are
mutagenic or genotoxic.
Carcinogenicity Not classifiable as to carcinogenicity to humans.
IARC Monographs.Overall Evaluation of Carcinogenicity
Not listed.
OSHA Specifically Regulated Substances(29 CFR 1910.1001-1052)
Not regulated.
US.National Toxicology Program(NTP)Report on Carcinogens
Not listed.
Reproductive toxicity This product is not expected to cause reproductive or developmental effects.
Specific target organ toxicity- May cause respiratory irritation.
single exposure
Specific target organ toxicity- Not classified.
repeated exposure
Aspiration hazard Not an aspiration hazard.
Material name:SODIUM PERMANGANATE 40%NSF 1-WAY solus
673840 Version#:04 Revision date:04-02-2018 Issue date:02-04-2016 4/7
12. Ecological information Exhibit "A"
Ecotoxicity The product is not classified as environmentally hazardous. However,this does not exclude the
possibility that large or frequent spills can have a harmful or damaging effect on the environment.
Persistence and degradability No data is available on the degradability of this product.
Bioaccumulative potential No data available.
Mobility in soil No data available.
Other adverse effects No other adverse environmental effects(e.g. ozone depletion, photochemical ozone creation
potential, endocrine disruption, global warming potential)are expected from this component.
13. Disposal considerations
Disposal instructions Collect and reclaim or dispose in sealed containers at licensed waste disposal site. Dispose of
contents/container in accordance with local/regional/nationaVinternational regulations.
Local disposal regulations Dispose in accordance with all applicable regulations.
Hazardous waste code The waste code should be assigned in discussion between the user, the producer and the waste
disposal company.
Waste from residues/unused Dispose of in accordance with local regulations. Empty containers or liners may retain some
products product residues. This material and its container must be disposed of in a safe manner(see:
Disposal instructions).
Contaminated packaging Since emptied containers may retain product residue,follow label warnings even after container is
emptied. Empty containers should be taken to an approved waste handling site for recycling or
disposal.
14. Transport information
DOT
UN number UN3214
UN proper shipping name PERMANGANATES, INORGANIC, AQUEOUS SOLUTION, N.O.S. (SODIUM PERMANGANATE)
Transport hazard class(es)
Class 5.1
Subsidiary risk -
Packing group II
Special precautions for user Read safety instructions, SDS and emergency procedures before handling.
ERG number 140
DOT information on packaging may be different from that listed.
IATA
UN number UN3214
UN proper shipping name PERMANGANATES, INORGANIC, AQUEOUS SOLUTION, N.O.S. (SODIUM PERMANGANATE)
Transport hazard class(es)
Class 5.1
Subsidiary risk -
Packing group II
Environmental hazards No.
ERG Code 140
Special precautions for user Read safety instructions, SDS and emergency procedures before handling.
IMDG
UN number UN1503
UN proper shipping name SODIUM PERMANGANATE SOLUTION (PERMANGANIC ACID(HMNO4), SODIUM SALT)
Transport hazard class(es)
Class 5.1
Subsidiary risk -
Packing group II
Environmental hazards
Marine pollutant No.
Ems F-H, S-Q
Special precautions for user Read safety instructions, SDS and emergency procedures before handling
Material name:SODIUM PERMANGANATE 40%NSF 1-WAY SDS us
673840 Version#:04 Revision date:04-02-2018 Issue date:02-04-2016 5/7
DOT
Exhibit "A"
OXIDIZER
IATA; IMDG
5.1
15. Regulatory information
US federal regulations This product is a"Hazardous Chemical"as defined by the OSHA Hazard Communication
Standard,29 CFR 1910.1200.
TSCA Section 12(b) Export Notification(40 CFR 707, Subpt.D)
Not regulated.
CERCLA Hazardous Substance List(40 CFR 302.4)
Not listed.
SARA 304 Emergency release notification
Not regulated.
OSHA Specifically Regulated Substances(29 CFR 1910.1001-1052)
Not regulated.
Superfund Amendments and Reauthorization Act of 1986 (SARA)
SARA 302 Extremely hazardous substance
Not listed.
Classified hazard Oxidizer(liquid, solid, or gas)
categories Serious eye damage or eye irritation
Specific target organ toxicity(single or repeated exposure)
SARA 313 (TRI reporting)
Not regulated.
Other federal regulations
Clean Air Act(CAA)Section 112 Hazardous Air Pollutants(HAPs)List
Not regulated.
Clean Air Act(CAA)Section 112(r)Accidental Release Prevention (40 CFR 68.130)
Not regulated.
Safe Drinking Water Act Not regulated.
(SDWA)
Drug Enforcement Administration (DEA). List 2, Essential Chemicals(21 CFR 1310.02(b)and 1310.04(q(2)and
Chemical Code Number
PERMANGANIC ACID(HMN04), SODIUM SALT 6588
(CAS 10101-50-5)
Drug Enforcement Administration(DEA). List 1&2 Exempt Chemical Mixtures(21 CFR 1310.12(c))
PERMANGANIC ACID(HMN04). SODIUM SALT 15%WT
(CAS 10101-50-5)
DEA Exempt Chemical Mixtures Code Number
PERMANGANIC ACID(HMN04), SODIUM SALT 6588
(CAS 10101-50-5)
Material name:SODIUM PERMANGANATE 40% NSF 1-WAY SOS us
673840 Version#:04 Revision date:04-02-2018 Issue date:02-04-2016 6/7
US state regulations
California Proposition 65 Exhibit "A"
California Safe Drinking Water and Toxic Enforcement Act of 2016(Proposition 65): This material
is not known to contain any chemicals currently listed as carcinogens or reproductive toxins. For
more information go to www.P65Warnings.ca.gov.
International Inventories
Country(s)or region Inventory name On inventory(yes/ri
Australia Australian Inventory of Chemical Substances(AICS) Yes
Canada Domestic Substances List(DSL) No
Canada Non-Domestic Substances List(NDSL) Yes
China Inventory of Existing Chemical Substances in China (IECSC) Yes
Europe European Inventory of Existing Commercial Chemical Yes
Substances(EINECS)
Europe European List of Notified Chemical Substances(ELINCS) No
Japan Inventory of Existing and New Chemical Substances(ENCS) Yes
Korea Existing Chemicals List(ECL) Yes
New Zealand New Zealand Inventory Yes
Philippines Philippine Inventory of Chemicals and Chemical Substances Yes
(PICCS)
Taiwan Taiwan Toxic Chemical Substances(TCS) Yes
United States& Puerto Rico Toxic Substances Control Act(TSCA)Inventory Yes
'A'Yes"indicates that all components of this product comply with the inventory requirements administered by the goveming country(s)
A"No"indicates that one or more components of the product are not listed or exempt from listing on the inventory administered by the governing
country(s).
16. Other information, including date of preparation or last revision
Issue date 02-04-2016
Revision date 04-02-2018
Version# 04
HMISO ratings Health:2
Flammability:0
Physical hazard:2
NFPA ratings Health:0
Flammability: 0
Instability: 0
Special hazards: OX
Disclaimer While Brenntag believes the information contained herein to be accurate, Brenntag makes no
representation or warranty, express or implied, regarding,and assumes no liability for,the
accuracy or completeness of the information. The Buyer assumes all responsibility for handling,
using and/or reselling the Product in accordance with applicable federal, state,and local law. This
SDS shall not in any way limit or preclude the operation and effect of any of the provisions of
Brenntag's terms and conditions of sale.
Revision information This document has undergone significant changes and should be reviewed in its entirety
Material name:SODIUM PERMANGANATE 40% NSF 1-WAY SDs US
673840 Version#:04 Revision date:04-02-2018 Issue date:02-04-2016 7/7
Exhibit "A"
CERTIFICATE OF ANALYSIS
Product: CARUSOL® C Liquid Permanganate Lot Number: 1901-5158
Date of Manufacture: 13-]an-2018
Test Result Units Min Max
Assay 40.6 % 39.5 41
Specific Gravity at 250C 1.379 1.36 1.39
pH at 250C 6.9 5 8
Color Purple Solution
Odor Pass
Brenntag Prod Name >
Brenntag Prod Code—kTr5ax-AQ
Supplier Code
Supplier Lot
PO Z Date\Ab- a WHS l D�
Brenntag LOT
Analyst: Terry Swope
13v: Larfl SetcheW
Caw Lori Setchell
c a ra u st el N'p'�
Quality Control Manager
Carus Corporation 815-224-6842
1500 Eighth Street
LaSalle,IL 61301 The data reported herein have been obtained by
our laboratories. No guarantee can be assumed
www.caruscorporation.com that other laboratories will obtain identical
results. For any further information please
contact our Quality Department.
Exhibit "A"
BRENNTAGAW
TECHNICAL DATA SHEET
SODIUM PERMANGANATE 40%
Sodium Permanganate is an effective oxidant recommended for potable drinking water applications that require
a concentrated permanganate solution. Applications include iron removal, manganese removal, mercaptan odor
control, taste and odor control, disinfection by-product reduction, color reduction and radium reduction.
PRODUCT SPECIFICATIONS
Certified by NSF to ANSI/NSF Standard 60
Meets AWWA Standard B603-03
CHEMICAL/PHYSICAL DATA
Purity 40.0%-40.4%
Chloride 0.02% Max
Sulphate 0.005% Max
Water Insolubles 0.01% Max
K 0.15% Max
Pb 0.002% Max
Cd 0.002% Max
Ba 0.01% Max
pH 6.0-8.0
Density 1.36-1.39 g/cm3
APPLICATIONS
• Drinking Water Purification
• Iron/Manganese Oxidation
• Taste and Odor Control
• Preoxidant for THM and HAA Control
• Hydrogen Sulfide Control
• Radium Removal
• Color Removal
BENEFITS
• Concentrated liquid oxidant
• More precise dosing of chemical
• Feed equipment is simplified
• Consistent concentration
1632 Haden Road
Houston,Texas 77015
Phone: (713)330-8570
Fax:(713)450-4699
www.brenntagnorthamerica.com
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1.2,3,5,and 6 if there are no interested parties, CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2019-508246
Brenntag Southwest, Inc.
Longview,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 06/21/2019
being filed.
City of Round Rock Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
19.020
Sodium Permanganate 40%in Tates
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Brenntag North America,Inc. Reading,PA United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is W.Thomas Crain, Jr. and my date of birth is
My address is 7132 Tabor Drive Dallas TX._, 75231_ USA
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Dallas County, State of Texas on the 21 St day of June 20,19_.
(month) (year)
Signature of thorjfed agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state,tx.us Version V1.1.39f8039c
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2019-508246
Brenntag Southwest, Inc.
Longview,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 06/21/2019
being filed.
City of Round Rock Date Acknowledged:
08/07/2019
g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
19-020
Sodium Permanganate 40%in Totes
Nature of interest
4 Name of Interested Party City,State Country(place of business) (check applicable)
Controlling Intermediary
Brenntag North America, Inc. Reading, PA United States X
5 Check only if there is NO Interested Party. EJ
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of ,20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.39f8039c