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R-2022-116 - 4/14/2022 RESOLUTION NO. R-2022-116 WHEREAS, the City of Round Rock ("City") has duly advertised for bids to purchase water treatment chemicals and for related goods and services;and WHEREAS, Chameleon Industries, Inc. has submitted the lowest responsible bid; and WHEREAS, the City Council wishes to accept the bid of Chameleon Industries, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Purchase of Water Treatment Chemicals with Chameleon Industries, Inc., a copy of said Agreement being attached hereto as Exhibit"A"and incorporated herein. 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 14th day of April,2022. CRA1jG0RJ\N �ayor City of Roun �'ock, Texas ATTEST: T, Mf,A nAN S *v Clerk ee4 l��KS, Ci y Clrk q.I[1.12!20222 1156 U118 908 [!!HE Xj: i .t CITY OF ROUND ROCK AGREEMENT PURCHASE OF A TREATMENT CHEMICALS WITH CHAMELEON INDUSTRIESJNC. THE STATE OF TEXAS CITY OF RH LL BY THESE PRESENTS: COUNTYF WILLIAMSON COUNTY VIS THAT THIS AGREEMENT T for the purchase of water treatment chemicals, 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 ' 1 2022 by and between the CITY O ROUND ROK, a Texas home-rule municipality, whose offices are located at 221 East Main Street, hound Rock, Texas 78664-5299 (referred to herein as the "City"), and CHAMELEON INDUSTRIES, INC., whose offices are located at P.O. Box 853027, Mesquite, Texas 75185 (referred to herein as the"Vendor"). z RECITALS: WHEREAS,City desires to purchase water treatment chemicals;and WHEREAS, City has issued its "Invitation for id" for the provision of said goods and services;and WHEREAS, Ci has determined the bid submitted by Vendor is the lowest responsible bid for liquid aluminum sulfate, liquid aluminum sulfate with 2% copper sulfate, and liquid ammonium sulfate(LAS);and WHEREAS, the parties desire to eater into this Agreement to set forth in writing their respective rights,duties,and obligations, NOW,THEREFORE, 1 E SETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: 1.0 DEFINITIONS A. Agreement means the binding legal contract between City and Vendor whereby City agrees to buy specified goods and Vendor is obligated to sell same. The Agreement includes the following: (a) City's Invitation for Bid, designated Solicitation Number er 2®011 dated October 2021 ("IFB");(b)Vendor's Response to iF ; and (c)any exhibits and/or addenda I thereto. Any inconsistencies or conflicts in the contract documents shall be resolved by giving reference in the following order: (1) This Agreement; (2) Vendor's Response to 1 , ( ) City's Invitation for Bids, Addenda,exhibits,and attachments. B. City means the City of Round Rock, Williamson and Travis Counties,Texas. Ca Effective Date means the date upon which the binding signatures of both parties to this Agreement are affixed. D. Force Majeare 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 militaryauthority, 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 and services mean the specified services, supplies, aterials, commodities,or equipment. 2.0 EFFECTIVE DATE AND TERM A. This Agreement shall be effective on the date this Agreement has been signed each party hereto and shall remain in full force and effect unless and until it expires by operation of the term indicated herein or is terminated or extended as provided herein. B. The term oft is Agreement shall be for sixty (6 )months from e 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. CONTRACT3.0 City selected Vendor to supply the goods as outlined in the I q Addenda to I ; an Response to IFB submitted y Vendor, all as specified in Exhibit "A," incorporated herein by reference for all purposes. The intent of these documents is to formulate an Agreementis in the responsibilities of both parties as outlined in the IFI3 and Addenda to 11713 and as offered by Vendor in its Response tote IFB. 7 The provision of 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. 4.0 ITEMS AWARDED AND SCOPE OF WORK Items Awarded. Line Item No. 4, 5 and 9 in "Attachment A . Bid Sheet" of Exhibit "A" are awarded to Vendor. Scope of Work: Vendor shall satisfactorily provide the items described in Line Item No. 4, 5 and 9 of"Attachment A Bid Sheet" in Exhibit "A," attached hereto, within the contract to specified in Section 2,0, Vendor's undertakings shall be limited to providing goods and/or services for City and/or advising City concerning those matters on which Vendor has been specifically engaged. Vendor shall perform its services in accordance with this Agreement, in accordance with the appended exhibits, in accordance with due care, and in accordance with prevailing industry standards for comparable services. ® COSTS A, In consideration for the goods to be provided by Vendor, City agrees to pay Vendor the amounts set forth in Line Item 4, 5 and 9 of"Attachment A Bid Sheet"of Exhibit "A!l B. The City shall be authorized to pay the Vendor an amount not-to-exceed Two Million One Hundred if Thousand and No/100 Dollars ($2,150,000.00) for the to of this Agreement. 6.0 INVOICES All invoices shall include,ata minimum,the following information: & Name and address of Vendor; B. Purchase Order Number; C. Description and quantity of items received or services provided;and C. Delivery or performance dates. 7.0 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, 3 Other governmental entities within the State of Texas may be extended the opportunity to purchase off of the City's bid, with the consent and agreement of the successful service provider(s)and the City. 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 is not an agent of, partner to, or representative oft ose outside agencies or entities and that the City is not obligated or liable for any action or debts that may arise out of such independent ly-negotiated"piggyback" procurements. 8.0 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 goods as determined by City's budget forte fiscal year in question. City may affect such termination by giving Vendor a written notice of termination at the end of its then current fiscal year. 9.0 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Vendor will be made within thirty (30)days of the day on which City receives the performance, supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the day on is the perfortnance of services was complete, or within thirty (3 0)days of the day on which City receives a correct invoice for the performance an or deliverables or services, whichever is later. Vendor may charge interest on an overdue payment at the"rate in cffcct"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); however. this 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 cause the payment to be late;or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with (cdcral funds,or C. There is a bona ride 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 D. Invoices are not mailed to City in strict accordance with instructions, if any, on the purchase order orthe Agreement or others ch contractual agreement. 10.0 GRATUITIES AND BRIBES City may,by written notice to Vendor. cancel this Agreement without liability to Vendor if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or 4 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. 11.0 TAXES City is exempt from Federal Excke and State Sales Tax, therefore, tax shall not be included in Vendor®s charges, 12.0 ORDERS PLACED WITH AlILTIERNAT E VENDORS 1f Vendor cannot provide the goods as specified, City reserves the right and option to obtain the products from another supplier or suppliers, 13.0 INSURANCE Vendor shall meet all insurance requirementsset forth in Part 11 of IFB 22-011 and on the City's website at. t!nsuranLt_Q7t2 I oif 14.0 CITY'S REPRESENTATIVES City hereby designates the following representatives authorized to act in its behalf with regard to this Agreeirneric Chad Kinder Superintendent Utility Services 3400 Sunrise Road Round Rock,Texas 78665 512...567-6427 qjji4v,L4 "ndrqcktexas.�Mv 15.E RIGIfTTO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then demand UrDay 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 dernanding party may treat such failure as inn anticipatory repudiation of this Agreement, 16.0 DEFAULT If Vendor abandans or defaulls under this Agreement 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 snot 5 be considered in future bis forte same type of work unless the scope of work is significantly cane . Vendors all be declared in default of this Agreement if it does any of the following: A. Fails to fully, timely and faithfully perform any of its material obligations under this ernentg 13Fails to provide adequate assurance of performance under the "Right to Assurance"section herein; or C. Becomes insolvent or seeks relief under the bankruptcy laws of the United States. 17.0 A. City has the right to terminate this Agreement, i ole or in part, for convenience and without cause,at any tir e upon thirty(30)days' written notice to Vendor, 13In the event of any default by Vendor, City haste right to terminate this Agreement for cause,upon ten( )days' written notice to Vendor. C. Vendor has the right to terminate this Agreement only for cause,that bcing in the event of $ material and substantial breach by City, or by mutual agreement to terminate evidenced in writing y and between the parties. 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, Vendors all discontinue all services in connection with the performance oft is Agreement and shall proceed o cancel promptly all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within thirty ( 0) days after such notice of termination, Vendor shall submit a statement showing in detail the goods and/or services satisfactorily performed under this Agreement tote date of termination. City shall then pay Vendor tat 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 to of the Agreement except as provided herein. INDEMNIFICATION18.0 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 snits, 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 whore,such loss may occur. Nothing hereinshall be deemed to limit the rights of City or Vendor (including, but not limited o the right to see contribution)against any third arty who may be liable for an indemnified claim. 19.0 COMPLIANCE WITH LAWS,CHARTER AND ORDINANCES A, Vendor, its agents, ernployees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies, B. In accordance with Chapter 2271,Texas Govcrnmcnt Code,a governmental entity may not enter into a contract with a company for goods and services unless the contact contains written verification from the company that it: (1)does not boycott Israel;and (2)will not boycott Israel during the terms 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. Ca In accordance with 2274, Texas Government Code, a governmental entity may not enter into a contract with a company with at least ten (10)full-time employees for a value of at least One Flundred Thousand and No,1100 Dollars ($100,000.00) unless the contract has provision in the contract verifying that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm tirade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association, The signatory executing this Agreement on behalf of Vendor verifies Vendor does not have a practice, policy,guidance,or directive that discriminates against a firearm entity or firearm trade association, and it will not discriminate during the term of this Agreement against a firearm entity or firearm trade association, D. In accordance with 2274, Texas Government Code, a governmental entity may not enter into a contract with a company with at least ten (10)full-time employees for a value of at least One l4undred Thousand and No/100 Dollars ($100,000,00) unless the contract has provision in the contract verifying that it: (1)does not boycott energy companies;and(2) will not boycott energy companies during the term of this Agreement. The signatory executing this Agreement on behalf of Vendor verities Vendor does not boycott energy companies, and it will not boycott energy companies during the terra of this Agreement. 20.0 ASSIGNMENT AND DELEGATION The parties each 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. 21.0 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: I e Jhern delivered personally to the recipient's address as stated in this Agreement; or 2. Throe (3) days after being deposited in the United States mail, with osta e prepaid to the recipient's address as stated in this Agreement. ®tics to Vendor: Chameleon Industries, Inc. Box 53027 Mesquite,Texas 75185 Notice to City: City Manager Stephan L. Sheets, City Attorney l East Main Street AND f3: 309 East Main Street Round Rock,TX 7 664 Round Rock, 664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Vendor. 2a ; 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,Texans.This Agreement shall be governed y and construed in accordance with the laws and court decisions of the State o Texas, 23.0 EXCLUSIVE AGREEMENT This document,and all appended ocurnents,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, my authorized y action oft e City Manager or City Council, DISPUTE24.0 City and Vendor hereby expressly agree that no claims or disputes between the parties arising out of or relating tot is 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. 25.0 SEVERABILITY The invalidity, illegality, or unerillorecability of any provision oft is 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 void provision shall be deemed severed from this Agreement,and the balance oft is 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 t is Agreement to replace any 8 stricken provision with a valid provision that comes as close as possible to the intent of the sldcken provision. The provisions of this section shall not prevent this entire Agreement from being void should a provision which isof theessence orthis Agreement be determined void, 26.0 MISCELLANEOUS PROVISIONS Standard of Care. Vendor represents that it employs trained, experienced avid competent persons to perform all of the services, responsibilities and duties specified herein and that such services, wesponsibifilics 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 Agreernent. 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. [Signatures on the fbllow4ig page.) 9 IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates indicated, City of Round Rock,Texas Chameleon Indrrstre Ines Printed Na eminted Name( Jason Title: ......................�„��,,��,„��,,..,�,..,�,..,..,��. ..a..... "I'itiea see PL esident Gate Signed: ........................................ _..................- Date Signed: 25 FebWy 2022.. Attest® By: .,Meagan pinks,City Clerk For City,Approved as to Form: a Stephan L. Sheets,City Attorney u x'"d Exhibit "A" li c OVI I ROUND ROCK TEXAS ac City of Round Rock, Texas Purchasing Division 221 East Main Street Rock,Round Texas 78664-5299 www.roundrocktexas.gov INVITATIONBID D (1 1,,,,° WATER TREA rMENT CHEMICALS SOLICITATION NUMBER 22-011 OCTOBE1111:R 2021 Exhibit "A" City of Round Rock Water Treatment Chemicals IFB 22-011 ClassiItem:886-94 61 -36 October 2021 WATER TREATMENT CHEMICALS PART I GENERAL REQUIREMENTS I PURPOSE: The City of Round Rock,herein after"the City'seeks a bid from firms experienced in providing bulk—water treatment chemicals to various locations within the Utilities and Environmental Services Department 2, BACKGROUND-The City seeks to establish a multi-year agreement with qualified vendors to provide scheduled bulk deliveries of water treatment chemicals to the Water Treatment Plant,Wastewater Treatment Plant, Lake Creek Pump Station, and Georgetown Lake Pump Station.The City reserves the right to award contracts to multiple vendors. 3. 6 Ll TATI Tm This solicitation packet is comprised of the following- Description Index Part I—General Requirements Page(s)2-5 Part 11—Definitions,Standard Terms and Conditions and Page 6 Insurance Requirements Part III—Supplemental Terms and Conditions Page(s)7-9 Part IV—Specifications Page(s)10-13 Attachment A—Bid Sheet Page 14 Attachment B—Reference Sheet Page 15 4. AUTHORIZEDFaIJRCi#ASING CONTACT For questions or clarification of specifications,you may contact: Allen Reich Cheryl Kaufman Purchaser Supervisor Purchasing Division Purchasing Division City of Round Rock City of Round Rock Phone:612-218-6682 Phone:512-218-5417 E-mail:areich!0roundrocktexas.nov E-mail:ckauftnairiftroundrockitexas.apy The individual(s)listed above istare the only authorized City oontect(s)for this solicitation.The authorized purchasing contect(s)may be contacted by e-mail for clarification for this solicitation including specifications.No other City employee or representative may be contacted about this solicitation prior to contract approval.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 Depart ment. S. JQHLQMLg�OF EVENTS: It is the City's intention to follow the solicitation timeline below. EVENT DATE Solicitation released October 21,2021 Deadline for submission of questions November 1,2021 @ 5:00 PM,CST City responses to questions or addenclums Approximately November 5,2021 @ 5:00 PM, CST" Deadline for submission of responses November 18,2021 @ 3:00 PM,CST Page 2 of 16 ............ .......................... ........... Exhitift "'A" City of Round lock WaterTreatment Cherriiicais IFB 22-011 Rass/ttern.885 94/190-36 October 2021 MIR questions regarding the solicitation shall be submitted in writing by 50 W CSS"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 that form of an addendum at: Questions shall be submitted in writing to the"Authorized IRlurchasing Contact'. The City reserves the right to modify these dates, Notice of date change will be posted to the City's website: https:l roundrocktexas.gov/city-businesses/solicitationsi 9. 11-Il l ff ffl l UPDATE& Respondents shall be responsible for monitoring the City's website at ,;�Wrt. or any updates pertaining to the solicitation described herein.'Various updates may include addendurns4 cancellations, notifications,and any other pertinent information necessary for the submission of a correct and accurate response. The City willl not be held responsible for any further communication beyond updating the website, 7. RESPONSE DUE DATE: Signed and sealed responses are dace at or beffore 100 P „ on the due date ................................................................ noted in PART 1,Section 5—Schedule of Events. !mail or hand del"over sealed responses to: City of Round bock Attn:Allen Reich Purchasing Department 221 E„Malin Street Round Rock,Texas 78664-6299 . Sealed responses shall be clearly marked on the outside of packaging VAth the Solicitation title" number,due date,and"DO RIOT OPEN". B. Facsimile or electronicaIlly transmitted responses are not acceptable. C. Responses cannot be altered or amended alter opening D. leo response can be withdrawn after opening vAlhout written approvall ffrom tine City for an acceptable reason. E. The City vrill not be bound by any oral statement or offer made contrary to the written slpecifications.. F. Samples and/or copies shall be parovided at the Respondent's expense and shall becorne the property of than City,. G. tate responses will not be considered and will)be returned uropened iff a return address is provided. 9, U I , q l � l t9l 5l1� 147 :The City of mound Rock makes no warranty that this checklist its a full comprehensive listing of every requirement specified in that solicitation This list is only a tool to assist participating respondents in compiling their final respaonses, Respondents are to carefully read the entire soi citation. Respondent shail submit one(t)evidernt signed"Original"and one i ent6 II•-to-4he-orirgiinall electronic copy of the lFB response on a flash drive. An electronic signature on thea"original"sollicitatlon response is acceptable but any resulting contract shall be signed in ink, The submittal is required to include all addendums and requested attachments.The Laid response along with samples and/or codes shall be provided at the Respondent's expense avid shall become the property of the City. This invitation for bid(IIFB)does not commit the City to contract for any supply or service. Respondents are advised that the City will not pay for any adininistraWe costs incurred in response preparation to this IFS;all costs associated with responding to this IFB will be solely at the interested parties"expense. Not responding to this 1FB does not preclude participation in any future RFP/Rll. R�or o r bid to it � n iv ndaarrns aired tin a hm n l f R ve l� ll b au rnritte vmith Quer ro Deal. Wai Addendums.Addendurns may be posted to this solicitation, ffidders are required to submit signed addendurns with their sealed response,The Bidder shall be responsible for monitoring the City's website at IkVsj tww ®unrocktepkpV, it bus itwess9M,,�qrjj for any updates pertaining to the solicitatiiorn. [Inge 3 of i6 ..............._........ Exhibit "A" City of Round Rock Water Treatment Chemicals IFB 22-011 ClassiItem:885-94/190-36 October 2021 Attachment A:BID SHEET.The bid response shall be submitted on the itemized,signed Bid Sheet provided in the solicitation packet. Failure to cornDlete and sionje i sheet ill result in Jjfi�if i�.If there is a conflict between the unit price and extended price,the unit price will to precedence.Submission of responses on forms other than the City's solicitation document may result in disquallification 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 on 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 EVALUA1jQHAN2LH11M: The City reserves the right to reject any or all responses,or to accept any response deemed 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. H. If the solicitation is evaluated with points,the respondent must earn a minimum of 15 points on criteria not related to cost in order to be considered for contract award, Respondents may be contacted for clarification of bid and/or to discuss details of the services they are proposing. 10. gDJFJ2gkML&LffY Qf_QgUJgN . _J-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 ors cific 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 by the information should be protected from disclosure.The matter will then be presented to the Attorney General of Texas for final determination. ® SUSPENSI N R DERADUCKIT P=TI­_- -__---.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. 11 RTCATE OF INTERESTED PARTIES:Section 2252 908 of the Texas Government Code requires the successfulofferor to complete a Form 1295'Certificate of Interested Parties'that is signed for a contract award requiring council authorization The'Certificate of Interested Parties'for 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: Page 4 of 16 ..........-11,11,11111, ............... ............. City of Round Rock Exhibit "A" Water Treatment Chemicals UFB 22-gtt t ssdtt rn:885 94�190-3 October 2021 13, KEX PARTE COMMTION: Please riots that to insure the Iprop r and fair evaluation of a bid,the Qty of Round Rack prohibits ex parte communication(a g.,u nsoVuciit d)initiated by the Budder to the pty Official, E m IpIoyee,City Consultant,or Evaluation 1'e rn member ev Vu.a ting or considering the Ibids prior to the time a bud decision has been made. Commmsuniicatoon between Bidder and the City wiH be umnutiiated by the appropriate City Official or I rrnp Ioy e in order to obt umn information or clarificafion needed to devellop proper and accurate evalluation of the Ibid. Ex Iparte communication tion mm ay be grounds for diis auau6tyiing the offending Bidder from consideration or sward of the Ibid them in evaluation,or any future bpd. Page 5 ot"8 6 .......... -—------- ................. Exhibit "A" City of Round Rock Water Treatment Chemicals IFB 22-011 Class/item 885-94/190-36 October 2021 PART 11 DEFINITIONS,STANDARD TERMS AND CONDITIONS AND INSURANCE REQUIREMENTS I. DEFINITIQN%STANDARD TERMS AND CONDITIONS:By submitting a response tothis solicitation,the es—lTondent agrees that the City's Definitions and 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 In addition,the Supplemental Terms and Conditions listed in Section III,shall aIso be enforced as part of the contract,and can be obtained from the City's website at: 2. The Respondent shall meet or exceed all insurance requirements set forth in Standard Insurance Requirements,The City's Standard Insurance Requirements document can be viewed and downloaded from the City's wabsite at���NW§IwMy,! droc on ,,,, _99 ri Page 6 c)1'II6 ............ x 0bt "N' City of Round Rock 'Vater Treatment Chemicals FB 22-9t'l lassfltelna: 885-94/190-36 October 2021 PART M SUPPLEMENTAL TERMS AND CONDITIONS 1 AGREEMENT TERW 'The teams of the awarded agreement 00 include but not be limited to the followng: A. The team of the Agreement shall begin from date of award and shall remain 'alto foul force for sixty( 'g) months. B. Upon expiration of the contract term's,the ConVactor agrees to hold over under the teams 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. * RESPONDENT ^The City has established the following ninimum 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 water treatment chemicals is as specified herein and Ihave adequate organi7atton,facilities,equipment,financial capability,and personnel to ensure prompt and efficient service to the CRY. i�. Iprouude all Wbor,supplies and materials required to satisfactorily perform the services as specified herein and own or acquire at no cost to the City all construction suds appliances, and equipment Respondent deems necessary and maintain sole responsibility for the rmWntenance and repair of Respondent"s vehicles, equipment, tooh,pumps,and all associated costs,The City shW not be responsible for anyRespondent's tools,equipment,pumps,our materials Ilost 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 Ihavimg a home office inside the United States will not be incllsded for consideration in this procurement process. EETYa The City reserves the right to remove any employee from City property for violation of federal, state„and local health,safety and environmental lags ordinances,runes and reguulations. 'The Respondent shall: K Ensure that all employees comply with all Occunlpationali Safety and Health Adrmunistration(OSHA),State and pity safety and occupational health standards and other applicable federal,state,and local health, safety,and environmental laws or6namces, rules,and regulations in the performance of these services, IB.. Be(held responsible for the safety of their employees and unsafe act.s or conditions that may cause injury or damage to any persons or property within and around the work site. On case of conflict,the most stringent safety requirement shall govern. O ndeumnmify and bold the City harmless frorm and against all claims,demands,suits,actions„judgments, fines penalties and liability of every Ikind arising from the breach of the successful Respondents' obligations under this paragraph. 4. 4 ORKFQP : SuccesstulRespondentshMV A. IEnsunre Respondent's employees perform the services in a tilrnely,professional,and efficient manner, R. Ensure Respondent's employees,anrlrnile 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 Mates Department of Labor. The City reserves the right to verify citizenship our right to work in the United "Mates. .. p l ltW „The Respondent stall deterlrni ne and submit a fined cost for the work and sh0 include all incidental costs„ labor,overhead charges,travel,payroll expenses,freighl„equipment acquisition and maintenance,demurrage,fuel surcharges,delivery charges,crests associated with obtaining peanuts, insurance,bonds,and risk management No separate fine-,tern charges shall be permitted for either response or invoice purposes. (Page 7 of l 6 Exhibit "N' Ci of Round Water Treatment Chemicals IFS 22-011 Classlitern:885-94 1190-36 October 2021 6. SUBCONTRACTORS: Respondent shall not subcontract or otherwise engage subcontractors to provide requested chemicals. Respondent may, however,use subcontracting and/or common carrier for authorized transportation of chemicals. 7, EBLC e Contract prices for water treatment chemicals shall remain firm throughout the initial twelve(1 2)month term of the contract A price increase to the agreement ay considered on the anniversary date oft 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 Rem unless otherwise approved by the City. A. Consumer Price I (CPQ: Price adjustments will be made in accordance with the percentage change in the U.S.Department of Labor Consumer Price Index(C I® )for all Urban Consumers. The price adjustment rate will be determined by comparing the percentage difference between the Cpl i effect for the base year six-month average(January through June OR July through December),and each(January through Jure 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 ill be allowed. The Consumer Price Index(CPI)is found at the Bureau o Labor Statistics,Consumer price Index website: tto:l i ,00vlcoi B. Procedure to Request Increase: I, Mail the written price increase request with the rate detail comparison and comprehensive calculation and anysupporting docu entation 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 Purchasing Departmet Contract ci list 221 East MainStreet Round Rock,TX 7 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 or negotiate with the Vendor or cancel e 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 respondent(s)performance at any time during the contract ter 9. ITANCEIINSPECTION, 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. . ORDER QUANTITY,The quantities shown on the solicitation are s i ates 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. 11m IT : The successful Respondent shall verify and obtain all necessary permits,licenses,and/or certificates required by federal,states and local laws, ordinances,rules,or regulations for the completion of the services as specified if required for the project. 12. AWARD,The City reserves the right to enter into an Agreement ora Purchase Order with a single award, s -lit 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 Page 8 of 16 City of Round Rock Exhibit "A" Water Treatinent Cherniralls pFIB 22-011 Qass/ftern;885-94 0 190-36 October 2021 at once City Council has approved the recornii-nendation oaf award and the agreement has beein executed 11 The City and successfuj Respondent(s)rrnay have a(post award ii to discuss,but not The firnilled to,thefollowi% A, 'The method to provide a smooth and orderly transi0oin of services perforrned from the current contractor. 13. Provide City contacti(s)Information for irnIpjemenii of agreement, C. jdenfify speeffic rinflestaines, gooK,and strategies to rneel objectives. % POINT OF t1l "Poi I Q `IGNA I REPRESENTATIVE- A, Contractor's point of contact in order to rinaintain consMent standards of qualfty work performed across the City,,ti*City shah be provided with a designated and identified point of contact upon award of ffie contract to incUe contact Wormation. The City's designated representative shall be notified by the Respondent irrimediatelly slhoujd the point of contact change B. The City's designated representative: Chad Kinder Water Treatment Plant Superliritendent UfifiVes and Environmentai Services Department Phone: 512-341-3134 E-mail:wkiudyf(aar—oumJrocktexas.gQy A. The City has entered into jri Agreements with other Governmentaj agencies pursuant to the k0er6ora6 Cooperation Act,Chapter'791 of the Texas Government Code.The Contractor agrees to offer the same price and tera%and condkions to other efigiNe agencies that have an interjoca6 agreeirnerd Mth the City, B. The Clity does nol accept any responsibility or fiability for the purchases by other government agencres through an inilerjoca8 cooperafive agreenient Page 19 oir 1 if) hilt " " City of Round Rack Water Treatment Chemicals IFB 22-011 Class/item: 885-941190-36 October 2021 PART IV SCOPE OF WORK 1. f96F=:The City seeks to establish a multiyear agreement with qualified vendors to provide scheduled bulk deliveries of water treatment chemicals to the surface water treatment plant,ground water treatment plant,and wastewater treatment plant-This contract can be awarded to multiple vendors. 2. TRANSPORTATION AND QELIVE RXflj2gffigMgM:The following transportation requirements are expected to be followed for the duration of the resulting contract- Respondent may use subcontracting and/or common carrier for authorized transportation of chemicals B. Chemicals shall be delivered in conformance with all applicable federal,state,and local laws. C. Items delivered shall be in new and unused condition. D. All chemicals delivered shall be in suitable containers for shipment and storage. E. All empty containers shall be removed by the vendor upon delivery of new containers at no cost to the City. F. All chemical deliveries shall be transported in clean, property identified,and labeled vehicles used only for the transport and delivery of the designated chemical, As applicable,the City will accept a certification of cleanliness in lieu of dedicated tanker trucks so long as all other elements of the chemical specifications are met. G. All deliveries must include a certified weight ticket. H. Deliveries shall be made during normal working hours; Monday-Friday 7:00AM-4:00PM unless otherwise agreed upon. I All deliveries shall be scheduled with the City. J. Respondent shall notify the City of any possible delays and will continue to advise the City daily until the delivery is made. Default in scheduled delivery or failure to meet specifications,authorizes the City to purchase the product from a supplier of choice and charge overage(if any)to the defaulting vendor. K. Delivery locations are as follows: L Water Treatment Plant 5494 NAH 36 Round Rock,TX 78681 ii. Brushy Creek Regional Wastewater Plant 3939 E. Palm Valley Blvd. Round Rock,TX 78664 iii, Lake Creek Weh Site 310 S. Burnet St, Round Rock,TX 78664 iv. Georgetown Lake Pump Station 2050 Cedar Breaks Rd. Georgetown,TX 78628 3, CHE rC LSPECIFICATIONS: A. Chlorine:Chemical shall- i. Be approved as a drinking water additive in accordance with National Sanitation Foundation (NSF)tAmerican National Standards Institute(ANSI)Standard 60. ii, Be filtered with a media removing eighteen to twenty microns prior to filling any container for delivery to the City of Round Rock. iii. Be 99.5 percent pure by volume. iv. 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. v. Not to exceed 160 parts per million(ppm)moisture by weight. Page 10 of 16 Exhibit "A" City of Round Rock Water I reatment Chemicals IIF'B 22-011 Classliteliw 885 941,190...36 October 2021 vi. Not IGra exceed 10 ppmi Ileal, I pIpm mercury, 3 p1prn arsenic or 30 pipm of the surn of a0 heavy mptalls. vd. Use C'Ay owned equipment(hoist appavalus,hand truck,etc.) vfll. The successfult Respondent shall maintain a twenty-fiDUir(2 4)lu:)ur emergency service for Hiquid c1lorine(K proposed)einergencil that includes,at a mlinlimurn,ffie fiolIll a) Trained and certified personnel in Aro azardil materials response tiliat shatt The on-site within two (2) hours,of erriergency notification from the City, b) t lave all necessary equipirinent and apparallus for imanaging and rernedialling any emergency leak or rMease of churine from Respondent suppific-.%d cylinders or containers. c) F"ollow procedures for the removall and disposal of detective or Ileakllng eyfinders or containers ix. The successful respondent shalll,AT NO All:)DI"TIONtAll. COST TO THE MY.,provide annuM trairillng to city en'qADyees on the charactieril and safe handling practices of chil gas if chlorine product is being proposed. x, Reap' ident Omit provide a satiety data sheet(SDS)arid, upon,f-equest frorn the City,a certificate of analysis(COA)or certificate of cornpiliance(COG). B. lWateriiell shaH- L l appFoved as a drinking wader-addl irum.-,cordance wilh NSF/AINSt Standard 60. ii, Contain no less than 8 pim,canit water-soluble aluinlinum oxide.. ill Contain no liess;than.35 percent water oliable irorn. iv. Be free of tinsoilublie and swispended rniatter, including but not firnited lei chips,dirt,ql'A,and all offier foreAgn matter, V. PiDssess adequate clarity for the easy readinig of measuring devices. vi. Be delivered into lour 10,000-galilon bulk storage tai*s through a standard 2-trich femMe qulicil connect. wl The quaritity or chernical sample produrl requested by the City shall Ibe at least five(5)gallions. Wil. Respondent shalli provide a saffil data stheet(SD)and,upon request frorn the a certifical of analysis it or certificate of cornpflance C.. ILLqjud Alum nurn IqI , IW �L2,11 ix IjU: Material shalli LMjtj _ydU A_qg22jj Jyj l, Be approved as a drinking water additive in accordance with dlll Standard 60. ii. Contain no Jess ithan 8 percent water-soWbW Wurninum Mille, Gil. Contain no less flian .35 percent water soluble il iv. Be.free of insolultAe and suspended matter,including but not limited to chips.,dill,grit,and 0 other fioreign matter. v. Possess adequate clarity for the easy reading of ineasiuring devices. vl Be delivered into four 10,000-gatloin Iknuudllastorage tar*b through as standard 2-inch fenWe quick connect. vii. The quantity of chemicalsarnple product requested by the Cky shaH Im at teast five(5)gallons. viii. Rospandent st,olt provide a safety data sheet(SDS)and, uponi request from the City,a certificate of anaiysis(COA)sur certificate of cornphance(COC), 11), A!Li#r-akujM_QhLqLqftXdrde:Materiat 0alt i. Be apix-oved as a drinking water additive in accordance with NSIF/ANSI Standard 60. iii. Contain approximately 5011/6 Min"ninium chtoirohydrate by weight. K Contain no more ffian 100 pprn Fe203. iiv, Contain as rella.five basicity of 83%. Be free of iii-isolluble and suspended ma"er, inicluding but not liar ded to cl,iips,dirt,grit, and All other foreign matter, vi. prose ss adequate clarity for the easy reading of measiuring devices. vii, Be delivered Wo Vour 10,000-gallon bullik storage tanks Whrough a standard 2-inch femalle quick connect, Page I I of A 6 Exhibit "A" City of Round Rock Water Treatment Chemicals IFB 22-011 ClassiItem: 885-94/190-36 October 2021 viii, Respondent shall provide a safety data sheet(SIDS)and,upon request from the City,a certificate of analysis(COA)or certificate of compliance(COC). E. LLIggidi Cationic Polyrnera Material shall- L Be approved as a drinking water additive in accordance with NSF/ANSI Standard 60. ii. Have a high molecular weight. iii. Be cationic. iv. Be a liquid that is readily soluble in water at all concentrations. v. Be effective over a pH range of 5,0 to 7.0 Standard Units, vi. Be effective over a temperature range from five degrees Celsius to 30 degrees Celsius. vii. Be resistant to chlorine viii. Contain no less than .35 percent water soluble iron. ix. Be free of insoluble and suspended matter,including but not limited to chips,dirt,grit,and all other foreign matter, x. Possess adequate clarity for the easy reading of measuring devices. xi. Be in clean,properly identified and labeled fifty-five(55)gallon drums. Al. Respondent shall remove emptied containers when new containers are delivered. xiii. Respondent shall provide a safety data sheet(SIDS)and,upon request from the City,a certificate of analysis(COA)or certificate of compliance(COC). F. Sod lurn Permanqanate 2 JOA:Material shallgi i. Be approved as a drinking water additive in accordance with NSFANSI Standard 60. ii. Contain 19 to 21.60/6 sodium permanganate. iii. Have a pH between 5 and 8 standard units. iv. Have a specific gravity of 1.15 to 1.17. v Be delivered into a bulk storage container through 2-inch female quick adapter vi. The successful Respondent shall maintain a twenty-four(24)hour emergency service for Potassium Permanganate emergencies that includes,at a minimum,the following: a) Trained and certified personnel in hazardous materials response that shall be on-site within two (2)hours of emergency notification from the City. b) Have all necessary equipment and apparatus for managing and remediating an emergency leak or release of sodium permanganate. viii, Respondent shall provide a safety data sheet(SDS)and,upon request from the City,a certificate of analysis(COPS)or certificate of compliance(COC). G. Liquid AmqLqftlir agItft:Material shall- _ J _ i. Be approved as a drinking water additive in accordance with NSF/ANSI Standard 60. iL 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. iii. Contain 10%ammonia(NH3). iv. Be completely soluble in water. v. Be delivered into a bulk storage tank through a standard 2-inch female quick connect. A. 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: a) Trained and certified personnel in hazardous materials response that shall be on-site within two (2)hours of emergency notification from the City. b) Have all necessary equipment and apparatus for managing and remediating an emergency leak or release of liquid ammonium sulfate. vii. Respondent shall provide a safety data sheet(SDS)and,upon request from the City,a certificate of analysis(COA)or certificate of compliance(COC), H. §odlum HydroxideL170 - Material shall- i. Contain 17—20%sodium hydroxide. Page 12 of 16 City of Round Rock Exhibit "'A" Water Treatment ChernicMs IFB 22-011 ClassIltern-885-941190-36 October 2021 h, Be cornplelely sidluble 0n water iiL Be in clean,properly odenits fied and 41:)eled totes used only for the lrarisport and delivery of sodiurn hydroxode lv. The successful Ra.,pondent shall rna�ntain a local twenty-four(24�hour ern ergency service for liquid amrno6um sulfate emergencies that includes, at a minimum,the following-. a) 'Trained and certified personnel in hazardous materWs response that shall be on-site within two (2)hours of erriergenry notification from the City. Ib) Have all nevessary equipment and apparatus for managing and rernedafing an emergency Ileak or release of sodium hydroxide. vL IReq)ondent shall Iprravlde ia safety data sheet(SDS)and,upon request from the City,a rerfificate of analysis(COA)or certificate of compliance(COC), 4. j'T!EgjSTj!Yq EM _RgE2qUjIIRftgEMMgN' : A. 'The City of Round Rock reserves the 6ght to request c1hernical product samples of all other chernicWs in addition to the required samples for fiquid alurMnurn sulfate,Iliiquid allurninuirn suffate with 2%copper suffate,and liquid cationte jxlyrner coagulant a4 B. Upon request from the City,the awarded vendor shall submit samples fuer testing within 14 days of the request at no cost to the City. C. sarnpes will The sent to, Chad Kinder 3400 Sunrise Rd, Round R,Dck,TX 78665 6. CONTRACTOR RMPAMAIRil The Respondent shall- A. Provide the City with a primary and secondary POC for each defivery. S. Notify the City's POC 1 hour prior to deirvery. It the City's primary p6rit of contact is not avalble, contr-90or shall Dontact the secondary point of contact- C. Ensure.each delivery driver has adequate directions to 9w delivery location. 6. fQl TY R EE S P0 _11TE& IThe City willl- U§I§ff A. Provide access to all delivery locations and have personnel on site at the Urne of delivery. B, Provide the vei-udorwftl-Q a primary and secondary POC for all deliveries, C. Coordlinate all deliveries with vendor. D. Be responsible for inspecting deWered products f'Dr conformance. Pago 113 of r 6, Exhibit "A" City of Round Rock Water Treatment Cheftcals lFB 22-011 Classlllem885-94 1190-36 October 2021 ATTACHMENT A BID SHEET 1, ATTACHMENT A-BID SHEET is posted in Solicitation Documents for IF 22-011 Water Treatment Chemicals in an Excel format on the City of Round Rock website at: A. 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, & The Respondent,by submitting and signing Attachment A- Bid Sheet,acknowledges that helshe 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. C. In order to do business with the City of Round Rock you must be registered with the City's Vendor Database.To register,go tm haps,I�,gyDdrocktxvendQrAjMpinisselfteryio,ggM,/,,YendoWftlaull�.asiDx D. 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. E. 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. Page 14 of 16 �::::kFlu oiit "A" Aftall�Innip..IIIA A-IC id Sheet Water Treatment CherrOcalls FB 22-011 ......................................................................................................... irhe Resipouldent yelpresents by Mew s5cjr7atu re biwaw 01 mi Mey are v.6irmMing a tmdrq O"Ner 0 r7.d 3M)autil'mo welcii W biod V*ilegKmideirill. Q Wfly UornpIly wdih I he, 4,01ciumik.wn 160CAaminits conlaiiinied imn IFH[22 011 Water Irmagnen't CIll The ReWondimil acknavyleldiges 11haithey Itaye veceweid and read fliie en ticre 940b,GIltahoift l Oftchiments, addencWms and MIN do-mone.ink$,NgtrAgpowed lby mference, amd agirees New Wbouind byllhe iwnr sthefem ...................................................... ........................ %peciall)Astiruclimns: [.3qD adhASed thM excoptWwwa t�mIlqTl 10'simv oairt,aOin oill mu rmrwgN ggvun*4111 Ocipariffize acreintsint.,e of 1CIhe bIid,AIItvnMirvV,,,l wiM inot:be consdered and unau ilholzed mad ffiCOUND n9 W the lbd s1heet formatwiIII rero.01 iin ft rel'ar ison olf Ihe W 'T Iiis City ragervas trans irigitiN to Uva uirCshia SO MOMS IN l Ihmin thip qwoinOthes indirsited 11,)ielow, .1.1.1.1.1.1.1.1.1.1�.I.I.I.I�.I.I.I.I.I.1-1.1.1�.I.I.I.I.I.I.I.I.I.I.I.I.I...............I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I................ .......... ............ .............................................. .............................. .... ............Www ................................................................................................................................ win ........... ........................................... 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W,YVA I,�, 500 r On 3?7 OD 'a BAN Z! ................ ——2.LT— --1 W. . ................... ic�' Ox NO 510 D) ............ ............................. 5 1101000 Rn 085$ 00 ................. ................................................ al I.I.I.I.I.I.I.I.I.I.I.- — SO hurn Plaimmin .0% 25 550 Illbs, mg $0 O'D ..................... 2 .............................................................................. ............. ................... .......... ........................... ........... 9 dAmmininkmn Sijjffa�e Galllon $1 21 mm, .3............................ 1!1............ .......... ........... MIMI— ................. 10 NO Uydorxqde 17% 025 GaIlkir, ...........I.,.,.,.,.,.,.,.— I ............... ILi......L_ ..... .................................................................................................................. C(Ill INAMIE SlIGNATURIE OF AlV ORIZIEID REFIRESENTATNIE PIRINX 0 NAMEJ ;son L Garza 1::4 IONNUMBER 513.615.3808 ElIMAH ADDRESS info shameleonindustriesinc,cOm I xhbt "A" Clty of Round Rock Water Treatment Chemicals IFS. 2-011 ClassJltem 1395-94 1190-35 Oct 190- Cct er 2021 ATTACHMENT REFERENCE SHEET PLEASE COMPLETE D RETURN THIS FORM IT THE SOLICITATION RESPONSE SOLICITATIONU E m IFB 22-011 RESPONDENT'S E Chameleon Industries Inc 17 November 2021 Provide the name, address,,telephone number and E-MAIL of at least three(3)valid Municipai_ Government agencies or firms of comparable size that have utilized services that are similar in type and capacity within the last two( )years.City of Round Rock references are not appheable 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 Nance Name of Contact Neridelliane Title of Contact Facilities Manager Water Treatment........................ .. ..._... ......... ___.. _............... E-Mail Address Neri Va=tuezarlin�tontx Dov Present Address mm 1901 Lakewood�Dr. City.State, Zip Code Arli11­1n Ron TX 76013 Telephone Number 817),459.648 Fax dumber ( ) 2 Company's Name Ci of Corsicana TX Name of Contact Title of Contact Superintendent , - , E-Mail Address beard i.cor5�cana tx.us Present Address 200 N12th treet City,State, Zip Code Corsicana Texas 75110 Telephone Number 54� 5 Fax Number:( ) p 9036„��,,� .. 3. Company's Name � f�b►��7 , Name of Contact Mitch Richard -title of Contact Plant Manager E-Mail Address mu ,.ch bursa ori ,,,,,, � .,,,,, Present Address 911 Winscott Rd City'State, Zip Code Benbro k TX 761 16 ,.. ...-..-..�-. .... m._ m .-,. . Telephone Number (' 8W657.4290 IFax Number � FAILURE TO f ROVlDE •I HE IREQUiRE:;l)INFORMATION WITH THE S L.ICITATICI4 RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD 111agc II 6 r,)f t IExhilbit "A" City of Round Rock Water Treatment ChemcaOs �FB 22-011 ClassAtern:885-941190-36 October 2021 WATER TREATMENT CHEMICALS PART 9 GENERAL REQUIREMENTS I. 8 ; The City of Round Rock,herein atter'ttn City"seeks a bud from firms experienced in providing bulk water treatment chemicals to various 0ocatnmurns wythin the Ubhtwes and Environmentall Servlces Department. 2, to u The City seeks to establmh a rrn0u-year agreement with quu 000ii d vendors to provide scheduled buu k deliveries of water treatment chemicals icals to the Water Treatment ent Plant,Wastewater Treatment Plant, Lake Creed.Puunrip Siabon,and Georgetown rgetown Lak Pump Station The City reserves the right to award contracts to rmnuuOtipa vendors. 3. U0TAIO P ETw "hisOlcit fion packet is comprised of the following Description Index . Part 0—General Requirements Page(s)2-5 Fuge 00—Definitions,Standard Terms and Conditions and lugs 5 ........ Insurance Requnrennents Part"I—Supp0ennenlal..0.. rms and Conditlons Page(s) .7.9 u Part t —Specifications Page(s)10-13 Attachment A...-gid Sheet lugs 14 tIachme nt B....Reference Sheak Page,15 4. AUTHIORIZED PUHA$1NG,C0NT `j For questions air darsffiicatlorn of specifications,1 specifications, you may contact: Allen Reich Cheryl Kaufman Purchaser Supervisor Purchasing Division Purchasing Division Clay of Round Rock City of Round Rock Phone:612-2184682 Phone,.612-218-5417 E-mail: yg get r un r dh,g,5,gg,. nm -wall°, .......g. gpt .gg. ... a The indMdual(s)listed above isFare the owniy suutlhor'rzed City contact(s) for fts sohcd tdn. The authorized purchasing contact(s)may be contacted by -rraau0 for clarification for this solicitation umnc uudurng specifications tions No other City ernpbyee or representative y be contacted about anis.s licit ficin prior to contract apupnroval. No authority is intended or im pfi d Mat specifications may be amended,or alterations accepted puriior to solicitation opening wa tlhouut written approval of the City of Round Rock through the P urctn s ng Department S. SCHEDULE ����"".,E� .° �l.,, It is the gays ntent*nj fo1ow the s hbt bon tirriefins below. EVENT DATE Solicitation released 0ctolb 2t r 211„ 2�.. ID adh ne for submission off questions November t,202"0 5.00 PIA, 5T .............................................................................................................................................................................................. ...................................................................................................................... City responses to questions sur addernduu Approximately November 5„202.1...@ 5 00 PM, CST Deadline ff rto mission off response.,. .. . November 15 2021 „3:00 Pio, p q:u,age 2 of&6 Exhibit "A" ROUND ROCK S PURE"M oO-V" ADDENDUM CITY OF ROUND ROCK,TEXAS Solicitation.lFR 22411 Addendum No.1 Date of Addendum: 1114121 This addendum is to incorporate the following changes to time above referenced solicitation! I Ciariflcatlort;lir Part lV of the solicitation rrrulfipa a chemical sections state'The quantity sof chemical sample product requested by the City shall be a least five(S)gallons,* This statement for each of these chemical sections shall now read'The quantity of chemical sample product requested by the City shall be aa,g„tfs five(5)gallons,' The typical samililla size requested will be 8oz. ll. rrasklorns: Q� What is the average size order for liquid calionic polymer? A. The typwcal order wou d be 20 drums What size sample will the City require for testing? A The typsce sampo a size requested mf be Boz When do l send racy chemical samples to the City for review? Tree City does not expect chemsamples to be subm tted with the bids.The City reserves the right to request the icaN samp es pnor to award of the contract or at any point,[,n time during the resulting contract(s) lll, Additional linformatlow Pleasesee the attached bud tabulation frown the previous solicitation,lnWatuon for Bid 16-013 Water Treatment Chemicals. IV, ALL OTm11EIR TERMS AND CONDITIONS REMAIN THE SAME. APPROVED 11; �' _ 11/4121 Allen Reich,Purchaser Purchasing Office, 512-218-606082 By than signature affixed below this addendum is hereby incorporated into and made a part of the above referenced solicitation, ACKNOWLEDGED Bel° Jason L Garza 17 November 2021 e e#Z�zedSigni!r—e (Date RETURN ONE SIGNED COPY THIS ADDENDUM TO THE PURCi-IAWNG OFFICE WITH YOUR SEALED PROPOSAL. t...0IR TO C SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FRS CONSIDERATION F A,1R .