R-03-07-24-11C1 - 7/24/2003WHEREAS, the City of Round Rock has duly advertised for bids for
the purchase of liquid chlorine and muratic acid for the sanitation of
the City's swimming pools, and
WHEREAS, DCP Industries, Inc. has submitted the lowest
responsible bid, and
WHEREAS, the City Council wishes to accept the bid of DCP
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 Annual Purchasing Agreement for Pool Chemicals
with DCP 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 24th day of July, 2003.
ST:
AL ►. I / l' if / 111 . /. /4
CHRISTINE R. MARTINEZ, City Secret r
®PFDesktop \::ODMP /NORLWE /O: /wDOE /RESOLUTI /R20729C1, NPD /sc
RESOLUTION NO. R -03- 07- 24 -11C1
L, Mayor
City of Round Rock, Texas
CITY OF ROUND ROCK
ANNUAL PURCHASING AGREEMENT
FOR
POOL CHEMICALS
THIS AGREEMENT, is made and entered into this of 20 , by
and between the City of Round Rock, a Texas home -rule municipal corporation, whose offices are
located at 221 East Main Street, Round Rock, Texas 78664 -5299, herein after referred to as "City"
and DPC Industries, Inc.,4351 Director Drive, San Antonio, TX 78219, hereinafter referred to as
"Vendor ", and City and Vendor are collectively referred to as the "parties ".
RECITALS:
WHEREAS, the City desires to contract with Vendor on a multi -year agreement basis to provide
the City with pool chemicals and
WHEREAS, the Invitation for Bid to provide the City with pool chemicals previously issued for
said goods and the City has selected the Bid submitted by DPC Industries, Inc. and .
WHEREAS, the parties hereby desire to enter into this Agreement to set forth, in writing, their
respective rights, duties and obligations hereunder;
NOW, THEREFORE, WITNESSETH, 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 CONTRACT DOCUMENTS AND EXHIBITS
The City of Round Rock selected Vendor as the integrator of choice to supply liquid chlorine
and Muriatic acid as outlined in IFB 03 -007, Specification Number 03- 885 -44 and Response
to IFB submitted by Vendor (Exhibit A). The intent of these documents is to formulate an
Agreement listing the responsibilities of both parties as outlined in the IFB and as offered by
Vendor in their response to the IFB.
The goods that are the subject matter of this Agreement are further described in Exhibit A,
and together with this Agreement comprise the Agreement, and they are fully a part of this
Agreement as if herein repeated in full.
2.0 ITEMS AWARDED
The following bid items of Exhibit A are the subject of this agreement:
Pool chemicals to be delivered as needed:
Bid Item No. 1 — Liquid Chlorine, 10 %, bulk.
Bid Item No. 6 — Muriatic Acid, Liquid, 30 gal. drum.
3.0 COSTS
The bid costs listed in Exhibit A shall be the basis of any charges collected by the Vendor.
EXHIBIT
4.0 INVOICES: All invoices shall include but not be limited to the following information:
4.1 Name and address of Vendor
4.2 Purchase Order Number
4.3 Description and quantity of item(s) received
4.4 Delivery Date(s)
5.0 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 the City receives the supplies,
materials, equipment, or within thirty (30) days of the day on which the performance of
services was complete, or within thirty (30) days of the day on which the City receives a
correct invoice for the supplies, materials, equipment, or services, whichever is later.
Vendor may charge a late fee (fee shall not be greater than that which is permitted by Texas
law) for payments not made in accordance with this prompt payment policy, however, this
policy does not apply to payments made by the City in the event:
5.1 there is a bona fide dispute between the City and Vendor concerning the supplies,
materials, or equipment delivered or the services performed that causes the payment
to be late; or
5.2 the terms of a Federal contract, grant, regulation, or statute prevent the City from
making a timely payment with Federal Funds; or
5.3 there is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier conceming supplies, materials, or equipment delivered
or the services performed which causes the payment to be late; or
5.4 the invoice is not mailed to the City in strict accordance with instructions, if any, on
the purchase order, or this Agreement or other such contractual agreement.
6.0 DURATION OF AGREEMENT
The teen of this agreement shall be for a period of time of twelve (12) months from the date
of award. Prices shall be firm for the duration of the agreement, except as provided for
hereinabove.
This agreement may be renewed for four (4) more additional periods of time not to exceed
the original period of time, provided both parties agree. Contract extension shall be for the
original price, terms and conditions plus any approved changes.
The City reserves the right to review the Vendor's performance at the end of each twelve-
month period and cancel all or part of the agreement or continue the agreement through the
next period.
7.0 TERMINATION OF THIS AGREEMENT
The City may terminate this agreement for any reason by giving Vendor ten (30) days
written notice. Upon delivery of such notice by the City to Vendor, the 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 or
contracts are chargeable to this agreement. Within 30 days after receipt of notice of
termination, the Vendor shall submit a statement, showing in detail the goods and/or
2
satisfactorily performed under this agreement to the date of termination. The City will then
pay the Vendor that portion of the prescribed charges. The Parties agree Vendor is not entitle
to compensation for services it would have performed under the remaining term of the
Contract except as provided above.
8.0 ORDERS PLACED WITH ALTERNATE VENDORS
If the Vendor cannot provide the goods as specified, the City reserves the option to obtain
the product(s) from another supplier.
9.0 ABANDONMENT OR DEFAULT
A Vendor who abandons or defaults the work on this agreement and causes the City to
purchase the goods elsewhere may be charged the difference in cost, if any, and will not be
considered in the re- advertisement of the service and may not be considered in future bids
for the same type of work unless the scope of work is significantly changed.
10.0 TAXES
The City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in charges.
11.0 ASSIGNMENT
Vendor's rights and duties awarded by this agreement may not be assigned to another
without written consent of the city signed by the City's authorized agent. Such consent shall
not relieve the assignor of the liability in the event of default by the assignee.
12.0 GRATUITIESBRIBES
The City may, by written notice to Vendor, cancel this contract without liability to Vendor if
it is determined by the City that gratuities or bribes in the form of entertainment, gifts, or
otherwise, were offered or given by Vendor, or its agent or representative 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.
13.0 INDEMNIFICATION
Vendor agrees to and shall indemnify, defend, and hold harmless the City, its officers,
agents, and employees, from and against any and all claims, losses, damages, causes of
action, suits, and liability of every kind, including all expenses of litigation, court costs, and
attorney's fees for injury to any person, or for damages to any property, arising out of or in
connection with any act or omission, negligence, willful misconduct in the performance of
this Agreement done by Vendor, its officers, agents, employees, or subcontractors under this
Agreement, without regard to whether such persons are under the direction of City agents or
employees.
14.0 INSURANCE
Vendor shall meet requirements as stated in the attached Invitation to Bid No. 03 -007 and
their bid response.
15.0 APPLICABLE LAW
This agreement shall be govemed by the laws of the State of Texas. It is expressly agreed by
both Parties that Williamson County is the place for performance of this contract and that
Williamson County, Texas shall be the proper County for venue purposes in any litigation
3
16.0 VENUE
20.0 NOTICES
arising herefrom. No rights, remedies, and warranties available to the City under this
agreement or by operation of law are waived or modified unless expressly waived or,
modified by the City in writing.
The parties agree that venue for any litigation arising from this agreement shall lie in
Williamson County, Texas.
17.0 NON - APPROPRIATION
This Contract is a commitment of the City's current revenues only. It is understood and
agreed the City shall have the right to terminate this Contract at the end of any City fiscal
year if the governing body of the City does not appropriate funds sufficient to purchase the
estimated yearly quantities, as determined by the City's budget for the fiscal year in question.
The City may effect such termination by giving Vendor a written notice of termination at the
end of its then current fiscal year.
18.0 RIGHT TO ASSURANCE
Whenever one party to this agreement in good faith has reason to question the other party's
intent to perform, the questioning party may demand that the other party give written
assurance of their intent to perform. In the event that a demand is made and no assurance is
given within five (5) days, the demanding party may treat this failure as an anticipatory
repudiation of the contract.
19.0 MULTIPLE COUNTERPARTS
This agreement may be executed in multiple counterparts, any one of which shall be
considered an original of this instrument, all of which, when taken together shall constitute
one and the same instrument.
For the purposes of this Agreement, notices to the City shall be to:
City Manager
City of Round Rock
221 East Main Street
Round Rock, Texas 78664 -5299
With a copy to:
Stephan L. Sheets, City Attorney
309 East Main Street
Round Rock, Texas 78664
Notice to Vendor shall be to:
DPC Industries, Inc.
4351 Director Drive
San Antonio, TX 78219
4
Notices will be effective upon delivery at the above addresses until the parties notify each other, in
writing, of a change in address.
IN WITNESS WHEREOF the parties to these presents have executed this Agreement on the
day of , 19
CITY OF ROUND ROCK DPC I DUS 2IES, INC.
By: By:
Nyle Maxwell, Mayor Name Gok(iln5 1<:n�
City of Round Rock Title: Mont' SGks htividrl
Attest: Attest: V
By: By:
Christine Martinez, City Secretary Name:
City of Round Rock Title:
5
EXHIBIT A
acknowledges
VENDOR'S BID RESPONSE
INVITATION FOR BID NO. 03 -007
SPECIFICATION FOR POOL CHEMICALS, NO. 03- 885 -44
REM /
CLASS & ITEM DESCRIPTION
68544 & 885-78
CITY
UNIT -
MAKEIMODEL
-
UNIT
PRICE
EXTENSION
This is to establish a twelve month contract for the purchase and
delivery of wafer chemicals for swimming pools with the option to
extend four additional periods per specification No.03- 885 -44, dated 3 -03
l B S a S m , a a 3
No guarantee of any minimum or maximum purchase is made or
Implied. The City will only order the amount needed to satisfy
operating requirements, which may be more or less than indicated.
Best Bld Evaluation: Alt bids received shall be evaluated based on the
best value for the City, which wit be determined by considering all or
part of the following criteria: Bid price, Delivery, Reputation of the bidder
and of bidder's goods and services, quality of goods and service,
extent to which the goods or services meet the City's needs, and
Bidder's past relationship w /City.
NOTE: ONE OR MORE AWARDS MAY BE FOR ALL ITEMS LISTED
OR IN PART, WHICHEVER 1S IN THE BEST INTEREST
OF THE CITY.
All items listed below are in accordance with Specification No. 03-885 -44,
dated 4, 2003
-
1
Liquid Chlorine, 10%, bulk
16,000
$0.88
$14,080.00
2
Chorine Tabs, 1 -i ,1[ 3 0 lb pail container
300
$ 2.15
$ 645.00
3
Chlorine Tabs, 3-inch ,X6( -O t Ib pal container
200
$2.15
$ 430.00
4
Calcium Hypochlorite, Granules, drum
1,800
$0.96
$ 1,728.00
s
Mono Per Sulfate, 40 Ib oontainer
120
6
Muriatic Acid, liquid, 30 gal. Drum
15,000
$1.74
$26,100.00
4X1 gal
7
Muriatic Acid, Liquid, case MVP containers per case)
200
$3.40
$ 680.00
a
Light Soda Ash, 50 lb bags
800
$0.25
$ 200.00
9
Sodium Bicarbonate, 50 Ib bags
300
$0.31
$ 93.00
50
10
Cyanuric Acid, granular, Xff lb container
1000
$0.97
$ 970.00
BIDS ARE DUE TO THE PURCHASING OFFICE
AT THE ABOVE ADDRESS BEFORE BID
OPENING TIME
INVOICE TO:
City of Round Rock
Finance Department
221 East Main Street
Round Rock, Texas 78664 -5299
BID F.O.B. DESTINATION. FREIGHT PREPAID AND
ALLOWED UNLESS OTHERWISE SPECIFIED BELOW
DESTINATION
Various Locations
see specification
INVITATION FOR BID (IFB)
CITY OF ROUND ROCK PURCHASING OFFICE
221 E. Main Street
Round Rock, Texas 78664-5299
FAGMLE RESPONSES'
SHALL NOT BE ACCEPTED
SNOW BID OPENING DATE t
BO NUMBER IN LOWER LEFT
NANO CORNEA OF SEALED ND
ENVELOPE L SHOW DOWN
ADDRESS OF eIDDNG HMS
agrees to comply with all conditions set forth below and on the reverse side its IFB.
POOL CHEMICALS
DATE: APRIL 14, 2003
1of2
BIDDING INFORMATION:
D NUMBER 03 -007
OPENING DATE: 4/29/2003 at 3:00 P.M.
D LOCATION: 221 E. Main Street, 1st Floor
Council Chambers, Round Rock, TX 78664
:TURN SIGNED ORIGINAL AND ONE COPY OF BID
BIDDER SHALL SIGN BELOW
1 Fa t+rs to sign bid will disqualify bld
l- l,Il^�-� �Y 4 - 28- 03
thoried ignature Dale
•ollinn King - Regional Sales Mgr
Print Name
SEE 1.6 ON BACK FOR INSTRUCTIONS:
TAX ID NO.: 1-75-1481408-0
LEGAL BUSINESS NAME: DPC Industries, Inc.
ADDRESS:
.411 ni rartnr nri "e
ADDRESS:
CONTACT:
San 4in_t_on4 n. TRWRN 78219
Collins King
TELEPHONE NO.:
800-779-8950
B USINESS ENTITY TYPE Co rlreti
ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID
ANY EXCEPTIONS THERETO MUST BE IN WRITING
1. BIDDING REQUIREMENTS:
1.1 Bidding requres pricing per unit shown and extensions. If trade discount is shown on bid, It should be deducted and net line extensions shown. Bidders guarantees
product offered w11 meet or exceed specifications identified in this Invitation For Bid (IFB).
1.2 Bids should be submitted on this form Each bid shall be placed in a separate envelope completely and properly identified. See instructions on reverse side. Bids must be
in the office of the City Purchasing Agent before the hour and date specified on to reverse side of this IFB.
1.3 Late bids property identified wiz be returned to bidder unopened. late bids will not be considered.
1.4 Bid F.O.B. destination. freigh prepaid, & allowed unless otherwise specified on the IFB. If otherwise. show exact cost to deliver.
1.5 Bid unit price on quantify and unft of measure specified, extend and show total. In terse of errors in extension. unit prices shag govern. Bids soled t to urdmited price
crease will not be considered.
1.6 Bid p rises sfre6be firm for acceptance 30 days horn bid opening date.' Discount from Lisp bids arenol acceptance u Ness requesled. C ash d scount oil not be
considered in determining the low bid. At cash discounts offered will be taken if earned.
1.7 Bids shall give Tax Identification Number, full name and address of bidder. Failure to sign wi1 disqualify bid. Person signing bid shal show title and authority to bind
signatories firm in a contract Faro name should appear on each page in the block provided in the upper right comer. Business Entity shat be one (1) of the following:
Individual. Partnership, Sole Proprietorship. Estate/Trust Corporation. Governmental,. Non-profit all others sisal be specified. INDIVIDUAL: Us1 name and number as
shave on Social Security Card. SOLE PROPRIETORSHIP; List legal name fo0owed by legal business name and Social Secudty Nunber. ALL OTHERS; List legal name
of entity and Tex Identification Number (Tin).
1.8 Bid cannot be altered or amended after opening lima My Ateratons made before opening time shall be inhaled by bidder or an authorized agent. No bid can be
withdrawn after opening time without approval of the CRY based on a written acceptable reason
1.9 The Gty.is exempt from State Sales Tax and Federal Excise Tax Do not include tax M bid.
1.10 The Gty reserves the right to accept or reject all or any pad of bid, waive minor technicalities and award the bid to best serve time interests of the City. Split awards may be
made at the sole d1suelion of he City.
1.11 Consistent 064 continued tie bids could cause rejection of bids by the City and/or Investigation for antitrust violations.
1.12 Telephone bids and facsimile bids are not acceptable In response to Itre IFB.
1.13 CAUTION: Bid invitation allows sufficient time for receipt of the preferred mail response. The City shall not be responsible for bids received late. tlegible, incomplete, or
otherwise non- responsive
2. SPECIFICATION:
21 Any catalog. brand name or manufacturers reference used in IFB is descriptive oily (not resfictive), and Is used to indicate type and qualty desired. Bids on brands of Bce
nature and quality wlti be considered unless advertised under the provisions of Section 252.022 of the Texas Local Government Code. If other than brand(s) specified is
offered Illustrations and complete desaiplons of product offered are requested 10 be made a part of the bid If bidder laces no exceplons to spedtcatons or reference
data in bid. bidder will be required to furnish brand names, numbers, etc, as specified in the IFB.
22 AI items bid shall be new, in fist Bass condition, inducing containers suitable for shipment and storage, unless otherwise Indicated in IFB. Verbal agreements to the
contrary will not be recognized.
23 Samples, when requested, must be furnished free of expense to the Cty. 6 not destroyed lo examination, they will be returned to the bidder, on request at bidder expense.
Each example should be marked with bidders' name and address. City bid number and code. Do not enclose in or aftach 0 bid.
24 The City 50 not be bound by any oral statement or representation contrary to the widen specifications of this IFB.
25 Manufacturers standard warranty shad apply unless otherwise stated in the IFB.
3. TIE BIDS: In case of tie bids, the award win be made in accordance with Section 271.901 of the Texas Local Government Code.
4. DELNERY:
4.1 Bid should show number of days required to place material In Ctys designated location under normal conditions. Failure to stale deliver time obligates bidder to complete
defrvery in fourteen (14) calendar days. Unrealistically short or long deliivery promises may cause bid to to disregarded. Consistent failure to meet delivery promises
without valid reason may cause removal from bid fist (See 4.2 following)
4.2 If delay Is foreseen, contractor shah give written notice to the City. The Coy has the right to extend delivery data if reasons appear valid. Contractor must keep the City
advised at 04 Ones of status of order. Default in promised delivery (without aceptede reasons) or faiure to meet specifications, authorizes the City to purchase supplies
elsewhere and charge fun increase, if any, in cost and handling to defaulting contractor.
43 No substitutions or cancellations permitted without written approval of the City.
4.4 Delivery shall be made during normal working hours only, unless prior approval for late delivery has been obtained from the City, unless otherwise spedfied in the IFB.
5. INSPECTION AND TESTS: All goods will be subject to inspection and lest by the City to the extent practicable al all times and places. Authorized City personnel shall have
access to any suppliers place of business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with the bid or on samples Laken from
regular shipments. It the products tested tail to meet or exceed an conditions and requirements of the specifications, the cost of the sample used and the cost of the testing shall
be bonne by the supplier. Goods which have been derv/erect and rejected in wholes in part may, at the Gays option, be retried to the Vendor or held for disposition at Vendors
risk and expense. Latent defects may result in revocation of acceptance..
8. AWARD OF CONTRACT: A response to an IFB Is an offer to contract with the City based upon the tams, conditions, and specifications contained in the IFB Bids do not become
contracts unless and until they are accepted by the City through its designates and a purchase order Is issued. The contact shall be govemed, construed, and interpreted under
the Charter of the Cdy and the laws of State of Texas. AI contracts are subject to the approval of the City Council.
7. PAYMENT: Vendor shall submit three (3) copies of an invoice showing the purchase order ranter on at copies.
8. PATENTS AND COPYRIGHTS: The contacts agrees to protect the City from claims involving infringements of patents or copyrights.
9. VENDOR ASSIGNMENTS: Vendor hereby assigns to purchaser any and all dams for overcharges associated with this contract which arise under the antitrust taws of the State
of Texas. Tx, Bus. Md Comm. Code Ann. See 15.01, et seq. (1967).
10. BIDDER AFFIRMATION:
10.1 Signing this bid with a false statement is a material breach of contact and shall void the submitted bid or any resulting contracts, and the bidder shall be removed horn an
bid lists. By signature hereon affixed. the bidder hereby certifies that
10.2 The bidder has not given, offered to give, nor intends to give any time hereafter any economic opportunity. future employment, gift. loan, gratuty, special discount tip, favor.
or service to a pudic servant in connection with the submitted bid.
10.3 The bidder is nol currently detnquent in the payment of any debt owed the abr.
10.4 Neither the bidder nor the firm, corporation, partnership, or any entity represented by the bidder, or anyone acing for such firm, corporation, or entity has violated the
antitrust laws of this State codified in Section 15.01 et Seq. Texas Business and Commercial Code, or the Federal Antitrust Laws, nor communicated directly or indirectly
the bid made to any competitor, or any other person engaged in such line of business
10.5 The bidder has not received compensation for participation in the preparation of the specification for this IFB.
11. NOTE TO BIDDERS: Any terms and conditions attached to bid wet not be considered unless the bidder specifically references them on the iron( of this ofd form. WARNING: Such
term and conditions may result in disqualification of the ofd (e.g. bids with the laws of a state other than Texas requirements for prepayment Limitations on remedies, etc.) The
City of Round Rock can only accept bids which contain at the terms and conditions of its forma IFS: in particular. all bidders affirmations and certifications must be included.
Submission of bids on forms other than City bid form may result in disgmalifieetion of your bid.
12. INQUIRIES: Inquiries pertaining to bid imitations must give bid number. codes, and opening date.
ITEM #
CLASS & ITEM DESCRIPTION
OTY
UNIT
MAKFJMODEL
UNIT
PRICE
EXTENSION
11
Sodium Sulfate, granular, 50 lb bags
1000
Ibs
12
Algaecide 60, quart containers
36
quarts
13
Clarifier, 1 quart container
36
quarts
14
Scale Inhibitor, 1 quart container
36
quarts
1s
Metal Out, 1 quart container
36
quarts
is
Pod Perfect
12
quarts
17
Test Kits
4
ea
to
Reagents, 1oz bodies
170
ea
References:
Name Brenntaq Southwealitme 210- 635 -729C
Name City of Kerrvi 11efhone 83f1 -R96 -5445
Name Schlitterbahn Phone830 625 - 2351
GRAND TOTAL
POOL CHEMICALS
'DATE APRIL 14, 2003
2062
DELIVERY IN 2
'By are signature hereon affixed, the bidder hereby certifies that noaher the bidder nor the entity represented by the bidder. a anyone acting for such
entity has violated the andtrust laws of this State, codified in Section 15.01 el seq., Texas Business and Commerce Code, or are Federal aMlbusl
laws, nor communicated directly or indirectly, the bid made to any competitor or any other person engaged In such lire of business_'
_
DAYS
CITY OF ROUND ROCK
POOL TREATMENT CHEMICALS
SPECIFICATION NO.
02-885-44
DATED: April 2003
1. PURPOSE: The City seeks a multi -year contract for the supply and delivery of various water treatment
chemicals for treating public swimming pools. These specifications shall become part of the resulting
contract.
2. DEFINITIONS: The following definitions will be used for identified terms throughout the specification
and bid document:
2.1. Bidder identified throughout this specification shall describe persons and entities that consider
themselves qualified to provide the services.
2.2. City — Identifies the City of Round Rock, Williamson County, Texas.
2.3. Contract — A mutually binding legal document obligating the Contractor to furnish the goods,
equipment or services, and obligating the City to pay for same.
2.4. Contractor — A person or business enterprise providing goods, equipment, labor and/or services to
the City as fulfillment of obligations arising from a contract.
2.5. Subcontractor - Any person or business enterprise providing goods, equipment, labor, and/or
services to a Contractor if such goods, equipment, labor, and/or services are procured or used in
fulfillment of the Contractor's obligations arising from a contract with the City.
3. CLARIFICATION: For clarification of specifications, bidders may contact:
Carolyn Brooks
City of Round Rock
Telephone: 512- 218 -5457
The individual listed above may be contacted by telephone or visited for clarification of the specifications
only. No authority is intended or implied that specifications may be amended or alterations accepted prior
to bid opening without written approval of the City of Round Rock through the Purchasing Agent.
PART I
GENERAL CLAUSES AND CONDITIONS
1. BEST BID EVALUATION: All bids received shall be evaluated based on the best value for the City. Best
value will be determined by considering all or part of the criteria listed, as well as any relevant criteria
specifically listed in the solicitation.
1.1. Bid price.
1.2. Reputation of the bidder and of bidder's goods and services.
1.3. The quality of the bidder's goods or services.
1.4. The extent to which the goods or services meet the City's needs.
1.5. Bidder's past relationship with the City.
2. ABANDONMENT OR DEFAULT: A Contractor who abandons or defaults the work on the contract and
causes the City to purchase the services elsewhere may be charge the difference in cost if any and will not
be considered in the re- advertisement of the service and may not be considered in future bids for the same
type of work unless the scope of work is significantly changed.
Page 1 of 6
SPECIFICATION NO.
02 -885 -44
DATED: April 2003
3. COMPLL&NCE WITH LAWS: The successful bidder shall comply with all federal, state, and local laws,
statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies
or tribunals in any matter affecting the performance of the resulting contract, including without limitation,
workers' compensation laws, minimum and maximum salary and wage statutes and regulations, and
licensing laws and regulations. When requested, the Contractor shall furnish the City with satisfactory
proof of its compliance.
4. INDEMNITY: Contractor shall indemnify, save harmless and defend the City, its officers, agents, servants,
and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages,
costs, expenses, attorney's fees and any and all other costs or fees incident to the performance of the
resulting contract and arising out of a willful or negligent act or omission of the Contractor, its officers,
agents, servants and employees.
5. NON - APPROPRIATION: The resulting contract is a commitment of the City's current revenues only. It
is understood and agreed the City shall have the right to terminate the contract at the end of any City fiscal
year if the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly
quantities, as determined by the City's budget for the fiscal year in question. The City may effect such
termination by giving contractor a written notice of termination at the end of its then current fiscal year
6. LIENS: Contractor agrees to and shall indemnify and save harmless the City against any and all liens and
encumbrances for all labor, goods and services which may be provided under the resulting contract. At the
City's request the Contractor or subcontractors shall provide a proper release of all liens or satisfactory
evidence of freedom from liens shall be delivered to the City.
7. VENUE: Both the City and the Contractor agree that venue for any litigation arising from a resulting
contract shall lie in Williamson County.
8. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be
considered an employee of the City. The Contractor shall not be within protection or coverage of the City's
Worker' Compensation insurance, Health Insurance, Liability Insurance or any other insurance that the City
from time to time may have in force and effect.
9. INVOICING: Contractor shall submit one original and one copy of each invoice on a monthly basis to the
following address:
City of Round Rock
Finance Department
221 East Main Street
Round Rock, TX78664 -5299
10. PROMPT PAYMENT POLICY: Payments will be made within thirty days after the City receives the
supplies, materials, equipment, or the day on which the performance of services was completed or the day
on which the City receives a correct invoice for the supplies, materials, equipment or services, whichever is
later. The Contractor may charge a late fee (fee shall not be greater than that which is permitted by Texas
law) for payments not made in accordance with this prompt payment policy; however, this policy does not
apply to payments made by the City in the event:
10.1. There is a bona fide dispute between the City and Contractor concerning the supplies, materials,
services or equipment delivered or the services performed that causes the payment to be late; or
10.2. the terms of a federal contract, grant, regulation, or statute prevent the City from making a timely
payment with Federal Funds; or
10.3. the is a bona fide dispute between the Contractor and a subcontractor or between a subcontractor
and its suppliers concerning supplies, material, or equipment delivered or the services performed
which caused the payment to be late; or
Page 2 of 6
SPECIFICATION NO.
02- 885-44
DATED: April 2003
10.4. the invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase
order or contract or other such contractual agreement
11. OVERCHARGES: Contractor hereby assigns to purchaser any and all claims for overcharges associated
with this contract which arise under the antitrust laws of the Untied States, 15 USGA Section 1 et sett ., and
which arise under the antitrust laws of the State of Texas, Bus. and Corn Code, Section 15.01, et
PART H
SPECIFICATIONS
1. SCOPE: This specification describes water treatment chemicals for treating public pools to include, but not be
limited to, two -day delivery and availability to deliver in quantities and packaging specified. The Contractor shall
provide all labor, materials and equipment necessary to supply and deliver chemicals to various locations identified
within the City.
2. BIDDER OUALIFICATIONS: The opening of a bid will not be construed as the City's acceptance of such bidder
as qualified and responsible. The City reserves the right to determine the best value from information submitted
with the bid. All bidders shall furnish the following information at a minimum:
2.1. Bidders shall be firms normally engaged in the sale and distribution or provision of the services as specified
herein.
2.2. Bidders shall have adequate organization, facilities, equipment and personnel to ensure prompt and efficient
service to the City.
2.3. Provide quality control data and a minimum of three references (client name and telephone number) from
current product users for product integrity.
2.4. The City reserves the right before recommending any award to inspect the facilities and organization; or to
take any other action necessary to determine ability to perform is satisfactory and reject bids where
evidence submitted or investigation and evahtation indicates an inability of the bidder to perform
2.5. References: Provide the name, address, telephone number and point of contract of at least three firms that
have utilized this type or similar service for at least two years. References may be checked prior to award.
Any negative responses received may result in disqualification of bid.
2.6. Identify any subcontractors to be used for this project. Experience, qualifications and references of the
subcontractors shall be submitted. The City reserves the right to approve or disapprove all subcontractors
prior to any work being performed.
3. MATERIAL SAFETY DATA SHEET (MSDS): Bidders shall provide the City with MSDS on all applicable
materials bid in accordance with all Federal, State and local laws, regulations, statues and ordinances.
4. EMERGENCY: The contractor shall have a qualified representative(s) who shall be available within 15 minutes
by telephone and six hours on -site, in case of emergency (e.g., leak). A twenty-four hour telephone number shall be
provided.
5. OXIDIZERS: The following chemicals will be used by the City as an oxidizer in the swimming pool treatment
process at the listed facilities.
5.1. Liquid Chlorine: Sodium Hypochlorite 10% solution shall be a clear, pale yellow or greenish liquid.
NOTE: Chlorine is very toxic and corrosive and shall be handled and stored in a manner conforming
strictly to the safety rules pertaining to chlorine.
5.1.1. Physical Properties: All liquid chlorine delivered shall:
5.1.1.1. Not exceed 10 PPM lead, 1 PPM mercury, 3 PPM arsenic or 30 PPM of the sum of all
heavy metals.
Page 3 of 6
6.2. Light Soda Ash: Sodium Carbonate to raise pH.
6.2.1. Example: Leslie's Soda Ash or City approved equal.
6.2.2. Packaging— 50 pound bags.
6.3. Sodium Bicarbonate
6.3.1. Example: Leslie's Sodium Bi -Carb or City approved equal.
6.3.2. Packaging — 50 pound bags.
Page 4 of 6
SPECIFICATION NO.
02 -885-44
DATED: April 2003
5.1.2. Packaging: Chlorine shall be delivered in bulk, stored in tanks on City sites and priced
by the gallon.
5.1.2.1. BULK, Unloading shall be through quick coupler fitting on the tank. Hoses for
delivering from the tanker to the holding tank shall be the responsibility of the
Contractor. Certified weight tickets shall accompany all tank truck shipments.
5.1.3. Delivery: All deliveries shall be coordinated with City representative and made to the designated
inside storage facilities.
5.2. Chlorine Tabs: Trichloro-s- trizentrione tablets, 99 percent available chlorine,
5.2.1. Packaging: Chlorine shall be delivered as requested below:
5.2.1.1. 1 -inch tablet packaged by the pound in a moister /water proof, pail type container with
handle, 45 to 50 pounds maximum.
5.2.1.2. 3 -inch tablet packaged by the pound in a moister /water proof, pail type container with
handle, 45 to 50 pounds maximum.
5.3. Calcium Hypochlorite: HTH, Calcium Hypochlorite, 65 percent available chlorine in granular form
53.1.1. Packaging Drum, Granules shall be packaged in 1001b. re- useable drums, unless
otherwise specified. Each drum shall be marked legibly of its contents, the name, net
weight or volume.
5.4. Mono per Sulfate: Non chlorine shock
5.4.1. Example: Leslie's Fresh- N-Clear or City approved equal.
5.4.2. Packaging: 40 pound containers
6. pH AND ALKALINITY CONTROL: The following chemicals will be used to control the pH and alkalinity in the
pool treatment process at the listed facilities.
6.1- Muriatic Acid: Liquid shall be 36 percent (Hydrogen Chloride, Hydrochloric Acid) to lower pH.
6.1.1. Example: Transchem or City approved equal.
6.1.2. Packaging:
6.1.2.1. DRUM- 30 gallon drums. Each dnun shall have marked legibly on it the name of the
acid, net weight or volume.
6.1.2.2. CASE — 6-1 gallon containers per case.
6.1.3. Delivery: and shipping of all acid solutions shall conform to all applicable local, state and federal
including US DOT regulations and applicable interstate regulations.
SPECIFICATION NO.
02-885-44
DATED: April 2003
7. MAINTENANCE CHEMICALS: The following chemicals will be used to maintain the proper chemical balance
in swimming pool(s).
7.1. Cyanuric Acid: 100 percent in granular form stabilizer.
7.1.1. Example: ISO Cyanuric Acid or City approved equaL
7.1.2. Packaging — 100 pound container.
72. Sodium Sulfate: shall be 99 percent in granular form to neutralize chlorine.
7.2.1. Example — Leslie's chlorine Neutralizer or City approved equal
7.2.2. Packaging — 50 pound bag.
7,3. Algaecide 60:
73.1. Example: Pool Seasons Algae Control or City approved equal
7.3.2. Packaging — Quart size containers.
7.4. Clarifier: Shall be oxidizing type
7.4.1. Example: Sea Klear, Sea Klear- Vansen or City approved equal.
7.4.2. Packaging— Quart size containers.
7.5. Scale Inhibitor: Shall be used to remove white residue from pool surface.
7.5.1. Example: Scale Be Gone or City approved equal.
7.5.2. Packaging — Quart size containers.
7.6. Metal Out: Shall be used to remove iron and copper from water.
7.6.1. Example: Leslie's Metal Out or City approved equal.
7.6.2. Packaging - Quart size containers.
7.7. Pool Perfect: An enzyme formula for treating oils in water.
7.7.1. Example: Natural Chemistry or City approved equal.
7.8. Test Kits: FAS -DPD Chlorine for testing water.
7.8.1. Example: Taylor
7.9. Reagents: Shall be compatible with Taylor Test Kits. Reagents shall include but not be limited to:
7.9.1. PH = R004, R005, R006
7.9.2. Alkalinity = R007, 8008,12009
7.9.3. Chlorine = Rool, R002, R0870, R0871
7.9.4. Calcium Hardness = R0010, R00111, R0012
7.9.5. Cvanurc Acid = R013
PARTIH
CONTRACT TERMS AND CONDITIONS
1. CONTRACT: The term of this contract shall be for a twelve -month period of time from the date of award. Prices
shall be fpm for the duration of the agreement, except as provided for herein. This contract may be renewed for four
additional periods of time not to exceed twelve months for each renewal provided both parties agree. The City
reserves the right to review the Vendor's performance at the end of each twelve month period of time and to cancel
the contract (without penalty) or continue the contract through the next period.
Page 5 of 6
SPECIFICATION NO.
02 -885-44
DAfhl): April 2003
2. RULES, REGULATIONS, LAWS, ORDINANCES AND LICENSES: Contractor shall observe and obey all
laws, ordinances, rules, and regulations of the federal, state and local government which may be applicable to the
supply of this product or service.
2.1. Occupational License — Contractor shall submit within 10 calendar days after request.
2.2. Specialty Licenses(s) — Contractor shall possess at the time of the opening of the bid all necessary permits
and/or license required for the sale of product and/or service and shall provide said documents within 10
calendars of request by the City.
3. SAFETY TRAINING: The Contractor shall provide, at no additional cost, a minimum of two one -hour training
sessions at each delivery location, each year that meet the federal and state safety and right to know training
requirements for all chemicals delivered. A qualified instructor(s) thoroughly trained on the safe handling practices
a leak response associated with each chemical delivered shall conduct education and instruction.
4. ORDER QUANTITY: The quantities shown on the IFB are estimates only. No guarantee of any minimum or
maximum purchase is made or implied. The City will only order the services needed to satisfy operating
requirements, which may be more or less than indicated.
5. PRICE ADJUSTMENT: The City may permit "unit price" adjustments upward, only as a result of a cost increase
in services in accordance with the Producers Price Index. Any price increase shall be requested by the contractor in
writing and accompanied with the appropriate documentation to justify the increase. The vendor may offer price
decreases at in any time.
6. DELIVERY: Unless noted on the solicitation, all shipments shall be FOB Destination our dock and received
between the hours of 8:OOAM and 4:OOAM, Monday through Friday, within two working days after verbal request
against an established blanket purchase order from the City. All deliveries shall be coordinated through City's
representative. NOTE: All delivery addresses will be identified on the purchase/blanket orders including, but
not limited to the following locations.
Delivery Locations:
Clay Madson Recreation Center
1600 Gattis School Road
Round Rock, TX 78664
Micki Krebsbach Pool
301 Deepwood Drive
Round Rock, TX 78664
Lake Creek Park Pool
800 Deerfoot Drive
Round Rock, TX 78664
Rabb House
2109 Palm Valley Blvd.
Round Rock, TX 78664
7. CANCELLATION: Either party may cancel the contract, without penalty, by providing 30 days prior written
notice to the other party. Termination under this paragraph shall not relieve the Contractor of any obligation or
liability that has occurred prior to cancellation. NOTE: This contract is subject to cancellation, without penalty
at any time the City deems the vendor to be non - compliant with contractual obligations.
8. CONTRACT ADMINISTRATOR: All work performed under this contract will be supervised and verified by the
City representative noted below.
Mike Hemker at 512- 341 -3343
Page 6 of 6
BID TAB
BID NUMBER: 03-007
BID OPENING: 4/29/2003 3:pm
POOL CHEMICALS
VENDOR
PROGRESSIVE COM
TOTAL: 51,628.00
VENDOR
CHLOR-SERV, INC
TOTAL: 50,643.00
VENDOR
DPC INDUSTRIES
TOTAL'. 44,926.00
VENDOR
TOTAL 000
REM#
DESCRIPTION
QTY
Unitb Extended
WINS 'Extended
Units Extended
Unit$ Extended
1
LIQUID CHLORINE, 10 %BULK
16,000
1.20 19,200.00
1.10 17,600.00
0.88 14,060.00
_ -
2
TAB, 1 INCH
300
1 601 480.00
N/B 1N /B
2.151 645.D0
0.00
3
TAB. 3 INCH
200
_ _ _ 1_601 320.00
_ __ 1.701 _ _____ 340_00
2151 43000
J 0.00
4
CALCIUM HYPOCHLORITE, DRUM
1,800
1.051 1,89000
1.111 1,989.00
0.961__ 1,728.00
1_ 0.00
5
MON PER SULFATE, 4OLB
120
2001 240_00
N /B1Wb
14iB 1N /B
J 000
6
MURIATIC ACID DRUM
15,000
_ ..... 1.2 . 1 ..... _ 25,500.00
(30 GAL DRUM 951)
2O01 _______ _30_00O.0D
_2_41
1 000
7
MUTAT IC ACID LIQUID
200
2.251 _ _ _ 450_00
NB 1NB_ ___ _
3.41_ 680.00
1 0.00
8
LIGHT SODA ASH. 50LB BAGS
800
4181 144.00
0.351__ __ __28000
. a25 . 1 200.00
_____1_ 0.00
9
SODIUM BICARBONATE, 5OLB
300
____ 0.221___ 66.00
0.251_ _ _ __ 8400
__ _ 0.311 ______ ______ 9300
_______L__ _ _ 0.00
10
CYANURIC ACID 10O CONTAINER
1000
0.66L 660,00
Na 1WB
0.971 970.00
______1 0.00
11
SODIUM SULFATE, 50LB BAGS
1000
0.54J_ 540.00
0.351 350,00
N/B 1W8
12
ALGAECIDE 60, QT
36
13,001_______ 468_00
N/8 ____1N/8 _____________
N/B 19/8
________1____________0
13
CLARIFIER, 1 OT
36
8.001______ 288.00
NB 1N /B
N /BIN /B
1__________0,00
14
SCALE INHIBITOR 1 07
36
_____7.501 27O.00
NB 1NB
NB 1N /B
_ 0.00
15
METAL OUT, 1 OT
36
7.501 270.00
N/B 1NB
NB 1N /B
16
POOL PERFECT
12
10.501 126.00
1B 1 ---- _____ _____
____ 1WB ___ __ _
�__ 0.00
17
TEST KITS
4
___ _9O01 36.00
N/B 1N/B
N/B 114/15
18
REAGENTS. 1OZ BOTTLE
170
4.001____ 680_00
N/B 11 _____
1 0.00
w - 4
DATE: July 17, 2003
SUBJECT: City Council Meeting - July 24, 2003
ITEM: *11.C.1. Consider a resolution authorizing the Mayor to execute an
Annual Purchasing Agreement for Pool Chemicals with
DCP Industries, Inc. for the purchase of liquid chlorine
and muratic acid for the sanitation of the City's swimming
pools.
Resource: Sharon Prete, Director Parks and Recreation
Mike Hemker, Aquatics /Athletics Manager
History:
Funding:
Cost:
Currently, the PARD purchases various chemicals as needed
for sanitation of our City's swimming pools. Two of our most
often purchased chemicals are liquid chlorine and muratic
acid; these chemicals work in conjunction with each other
and are delivered at the same time. By contracting with one
vendor for these two items will allow a better, more efficient
manner of having a constant price as well as a more efficient
way to order and receive these chemicals on site at each
pool's location.
While our bid had all chemicals that we currently use listed,
we chose only to award the bid for our two most heavily
used items. The other items listed on the bid specifications
sheet are items several area businesses can provide at a
more cost effective price when needed. Most companies
obtain their liquid chlorine from DPC Industries, Inc. and we
feel that their liquid chlorine price, connected with the
muratic acid, plus the delivery service that is provided will
afford us the best opportunity to save money in the long run.
General Fund Budget
$17,000 (approximately needed to spend during the
remainder of current fi scal year.)
Source of FY02 -03 General Fund (5312- 100 - 23006)
Funds:
Outside N/A
Resources:
Impact /Benefit: Increased efficiency and cost savings.
Public Comment: N/A
Sponsor: Parks and Recreation Department
CITY OF ROUND ROCK
ANNUAL PURCHASING AGREEMENT
FOR
POOL CHEMICALS
THIS AGREEMENT, is made and entered into this (9 of Q 200?), by
and between the City of Round Rock, a Texas home -rule municipallu'orporadon, whose offices are
located at 221 East Main Street, Round Rock, Texas 78664 -5299, herein after referred to as "City"
and DPC Industries, Inc.,4351 Director Drive, San Antonio, TX 78219, hereinafter referred to as
"Vendor ", and City and Vendor are collectively referred to as the "parties ".
RECITALS:
WHEREAS, the City desires to contract with Vendor on a multi -year agreement basis to provide
the City with pool chemicals and
WHEREAS, the Invitation for Bid to provide the City with pool chemicals previously issued for
said goods and the City has selected the Bid submitted by DPC Industries, Inc. and
WHEREAS, the parties hereby desire to enter into this Agreement to set forth, in writing, their
respective rights, duties and obligations hereunder;
NOW, THEREFORE, WITNESSETH, 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 CONTRACT DOCUMENTS AND EXHIBITS
The City of Round Rock selected Vendor as the integrator of choice to supply liquid chlorine
and Muriatic acid as outlined in IFB 03 -007, Specification Number 03- 885 -44 and Response
to IFB submitted by Vendor (Exhibit A). The intent of these documents is to formulate an
Agreement listing the responsibilities of both parties as outlined in the IFB and as offered by
Vendor in their response to the IFB.
The goods that are the subject matter of this Agreement are further described in Exhibit A,
and together with this Agreement comprise the Agreement, and they are fully a part of this
Agreement as if herein repeated in full.
2.0 ITEMS AWARDED
The following bid items of Exhibit A are the subject of this agreement:
Pool chemicals to be delivered as needed:
Bid Item No. 1 — Liquid Chlorine, 10 %, bulk.
Bid Item No. 6 — Muriatic Acid, Liquid, 30 gal. drum.
3.0 COSTS
The bid costs listed in Exhibit A shall be the basis of any charges collected by the Vendor.
2- O3- o'1 -a4 -1I C1
4.0 INVOICES: All invoices shall include but not be limited to the following information:
4.1 Name and address of Vendor
4.2 Purchase Order Number
4.3 Description and quantity of item(s) received
4.4 Delivery Date(s)
5.0 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 the City receives the supplies,
materials, equipment, or within thirty (30) days of the day on which the performance of
services was complete, or within thirty (30) days of the day on which the City receives a
correct invoice for the supplies, materials, equipment, or services, whichever is later.
Vendor may charge a late fee (fee shall not be greater than that which is permitted by Texas
law) for payments not made in accordance with this prompt payment policy, however, this
policy does not apply to payments made by the City in the event:
5.1 there is a bona fide dispute between the City and Vendor concerning the supplies,
materials, or equipment delivered or the services performed that causes the payment
to be late; or
5.2 the terms of a Federal contract, grant, regulation, or statute prevent the City from
making a timely payment with Federal Funds; or
5.3 there is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier concerning supplies, materials, or equipment delivered
or the services performed which causes the payment to be late; or
5.4 the invoice is not mailed to the City in strict accordance with instructions, if any, on
the purchase order, or this Agreement or other such contractual agreement.
6.0 DURATION OF AGREEMENT
The term of this agreement shall be for a period of time of twelve (12) months from the date
of award. Prices shall be firm for the duration of the agreement, except as provided for
hereinabove.
This agreement may be renewed for four (4) more additional periods of time not to exceed
the original period of time, provided both parties agree. Contract extension shall be for the
original price, terms and conditions plus any approved changes.
The City reserves the right to review the Vendor's performance at the end of each twelve-
month period and cancel all or part of the agreement or continue the agreement through the
next period.
7.0 TERMINATION OF THIS AGREEMENT
The City may terminate this agreement for any reason by giving Vendor ten (30) days
written notice. Upon delivery of such notice by the City to Vendor, the 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 or
contracts are chargeable to this agreement. Within 30 days after receipt of notice of
termination, the Vendor shall submit a statement, showing in detail the goods and /or
2
satisfactorily performed under this agreement to the date of termination. The City will then
pay the Vendor that portion of the prescribed charges. The Parties agree Vendor is not entitle
to compensation for services it would have performed under the remaining term of the
Contract except as provided above.
8.0 ORDERS PLACED WITH ALTERNATE VENDORS
If the Vendor cannot provide the goods as specified, the City reserves the option to obtain
the product(s) from another supplier.
9.0 ABANDONMENT OR DEFAULT
A Vendor who abandons or defaults the work on this agreement and causes the City to
purchase the goods elsewhere may be charged the difference in cost, if any, and will not be
considered in the re- advertisement of the service and may not be considered in future bids
for the same type of work unless the scope of work is significantly changed.
10.0 TAXES
The City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in charges.
11.0 ASSIGNMENT
Vendor's rights and duties awarded by this agreement may not be assigned to another
without written consent of the city signed by the City's authorized agent. Such consent shall
not relieve the assignor of the liability in the event of default by the assignee.
12.0 GRATUITIESBRIBES
The City may, by written notice to Vendor, cancel this contract without liability to Vendor if
it is determined by the City that gratuities or bribes in the form of entertainment, gifts, or
otherwise, were offered or given by Vendor, or its agent or representative 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.
13.0 INDEMNIFICATION
Vendor agrees to and shall indemnify, defend, and hold harmless the City, its officers,
agents, and employees, from and against any and all claims, losses, damages, causes of
action, suits, and liability of every kind, including all expenses of litigation, court costs, and
attorney's fees for injury to any person, or for damages to any property, arising out of or in
connection with any act or omission, negligence, willful misconduct in the performance of
this Agreement done by Vendor, its officers, agents, employees, or subcontractors under this
Agreement, without regard to whether such persons are under the direction of City agents or
employees.
14.0 INSURANCE
Vendor shall meet requirements as stated in the attached Invitation to Bid No. 03 -007 and
their bid response.
15.0 APPLICABLE LAW
This agreement shall be governed by the laws of the State of Texas. It is expressly agreed by
both Parties that Williamson County is the place for performance of this contract and that
Williamson County, Texas shall be the proper County for venue purposes in any litigation
3
arising herefrom. No rights, remedies, and warranties available to the City under this
agreement or by operation of law are waived or modified unless expressly waived or,
modified by the City in writing.
16.0 VENUE
The parties agree that venue for any litigation arising from this agreement shall lie in
Williamson County, Texas.
17.0 NON - APPROPRIATION
This Contract is a commitment of the City's current revenues only. It is understood and
agreed the City shall have the right to terminate this Contract at the end of any City fiscal
year if the governing body of the City does not appropriate funds sufficient to purchase the
estimated yearly quantities, as determined by the City's budget for the fiscal year in question.
The City may effect such termination by giving Vendor a written notice of termination at the
end of its then current fiscal year.
18.0 RIGHT TO ASSURANCE
Whenever one party to this agreement in good faith has reason to question the other party's
intent to perform, the questioning party may demand that the other party give written
assurance of their intent to perform. In the event that a demand is made and no assurance is
given within five (5) days, the demanding party may treat this failure as an anticipatory
repudiation of the contract.
19.0 MULTIPLE COUNTERPARTS
This agreement may be executed in multiple counterparts, any one of which shall be
considered an original of this instrument, all of which, when taken together shall constitute
one and the same instrument.
20.0 NOTICES
For the purposes of this Agreement, notices to the City shall be to:
City Manager
City of Round Rock
221 East Main Street
Round Rock, Texas 78664 -5299
With a copy to:
Stephan L. Sheets, City Attorney
309 East Main Street
Round Rock, Texas 78664
Notice to Vendor shall be to:
DPC Industries, Inc.
4351 Director Drive
San Antonio, TX 78219
4
Notices will be effective upon delivery at the above addresses until the parties notify each other, in
writing, of a change in address.
IN WkT SS WHEREOF the o these presents have executed this Agreement on the
p� if day of
CITY O - ' 0A
By
Ny - el , ayo
City of Round Rock
A _.
By J L�� t!l 4 /.1
Christine Martinez, City Secretary
City of Round Rock
5
DPC DUSTES, INC.
Name: c...Ai s k;
Title: P1i�or4k CGe.S helviger
Attest: ��ll V
By:
Name:
Title:
EXHIBIT A
acknowledges
VENDOR'S BID RESPONSE
INVITATION FOR BID NO. 03 -007
SPECIFICATION FOR POOL CHEMICALS, NO. 03- 885 -44
6
ITEM II
CLASS & ITEM DESCRIPTION
885-44 & 88578
OTY
UNIT
MAKE/MODEL
UNIT
PRICE
EXTENSION
This is to establish a twelve month contract for the purchase and
delivery of water chemicals for swimming pools with the option to
extend four additional periods per specification No.03- 885 -44, dated 3 -03
No guarantee of any minimum or maximum purchase is made or
implied. The City will only order the amount needed to satisfy
operating requirements, which may be more or less than indicated.
Best Bid Evaluation: All bids received shall be evaluated based on the
best value for the City, which will be determined by considering all or
part of the following criteria: Bid price, Delivery, Reputation of the bidder
and of bidder's goods and services, quality of goods and service,
extent to which the goods or services meet the City's needs, and
Bidder's past relationship w /City.
NOTE: ONE OR MORE AWARDS MAY BE FOR ALL ITEMS LISTED
OR IN PART, WHICHEVER IS IN THE BEST INTEREST
OF THE CITY.
All items listed below are in accordance with Specification No. 03- 885 -44,
dated 4, 2003
1
Liquid Chlorine, 10 %, bulk
16,000
gal
$0.88
$ 14 , 0 80.00
25
2
Chlorine Tabs, 1 -inch ,1(9(50 lb pail container
300
lbs
$2.15
$ 645.00
3
Chlorine Tabs, 3 -inch ,$6 lb pail container
200
lbs
$2.15
$ 430.00
4
Calcium Hypochlorite, Granules, drum
1,800
lbs
$0.96
$ 1,728.00
s
Mono Per Sulfate, 40 lb container
120
lbs
6
Muriatic Acid, liquid, 30 gal. Drum
15,000
gal
$1.74
$26,100.00
4X1 gal
7
Muriatic Acid, Liquid, case MVP containers per case)
200
gal
$3.40
$ 680.00
8
Light Soda Ash, 50 lb bags
800
lbs
$0.25
$ 200.00
9
Sodium Bicarbonate, 50 lb bags
300
lbs
$0.31
$ 93.00
50
to
Cyanuric Acid, granular, MN lb container
1000
lbs
$0.97
$ 970.00
BIDS ARE DUE TO THE PURCHASING OFFICE
AT THE ABOVE ADDRESS BEFORE BID
OPENING TIME.
INVOICE TO:
City of Round Rock
Finance Department
221 East Main Street
Round Rock, Texas 78664 -5299
BID F.O.B. DESTINATION. FREIGHT PREPAID AND
ALLOWED UNLESS OTHERWISE SPECIFIED BELOW
DESTINATION
Various Locations
see specification
INVITATION FOR BID (IFB)
CITY OF ROUND ROCK PURCHASING OFFICE
221 E. Main Street
Round Rock, Texas 76664 -5299
FACIMLE RESPONSES
SHALL NOT BE ACCEPTED
BNOW BID OPENING DATE 4
BID NUMBER IN COWER LEFT
NAND CORNER OF SEALED BID
ENTELOPEa SHOW RETURN
ADDRESS OF BIDDING ARM.
ith all condi tions set forth below and on the reverse side of this IFB
POOL CHEMICALS
DATE: APRIL 14, 2003
1 oft
BIDDING INFORMATION:
BID NUMBER 03 -007
OPENING DATE: 4/29/2003 at 3:00 P.M.
BID LOCATION: 221 E. Main Street, 1st Floor
Council Chambers, Round Rock, TX 78664
RETURN SIGNED ORIGINAL AND ONE COPY OF BID
BIDDER SHALL SIGN BELOW
( yre � to sign bid will disqualify bid
( Y 4 - 03
Authoried lignature Dale
Collins King - Regional Sales Mgr
Print Name
SEE 1.6 ON BACK FOR INSTRUCTIONS:
TAX IDNO.: 1 -75- 1481408 -0
LEGALBUSINESSNAME: DPC Industries, Inc.
ADDRESS:
4151 nirartnr D lira
San inton'n, TPXNS 78719
Collins King
ADDRESS:
CONTACT:
TELEPHONE NO.:
800 - 779 -8950
BUSINESS ENTITY TYPE: COrpOr,3t i on
ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID
ANY EXCEPTIONS THERETO MUST BE IN WRITING
1. BIDDING REQUIREMENTS:
1.1 Bidding requires pricing per ung shown and extensions. If trade discount is shown on bid, it should be deducted end net foe extensions shown. Bidders guarantees
product offered ml meet or exceed specifications identified in this Invitation For Bid (IFB).
12 Bids should be submitted on tits form. Each bid shall be placed in a separate envelope completely and properly identified. See instructions on reverse side. Bids must be
in the office of the City Purchasing Agent before the hour and date specified on the reverse side of Otis IFB.
1.3 Late bids properly identified will be returned to bidder unopened. Late bids will not be considered
1.4 Bid F.O.B. destinatlon, freight, prepaid, & allowed unless otherwise specified on the IFB. It otherwise, show exact cost to deriver.
1.5 Bid unit price on quantity and unit of measure specified, extend and show total. In case of errors In extension, unit prices shall govern. Bids subject to unlimited price
increase will not be considered.
1.6 Bidpricesshallba firm for acceptance 30days from id opening date. Discount from Lisfb ids are not a cceptance unless requested. C ash dlscount will notbe
considered In determining the low bid. All cash discounts offered will be taken if earned.
1.7 Bids shall give Tax Identification Number, full name and address of bidder. Failure to sign will disqualify bid. Person signing bid shall show tittle and authority to bind
signatories firm in a contract Firm name should appear on each page In the block provided in the upper right comer. Business Entity shall be one (1) of the following:
Individual. Partnership, Sole Proprietorship. Estate/Trust, Corporation, Governmental,. Non - profit all others shat be specified. INDIVIDUAL: List name and number as
shown on Social Security Card. SOLE PROPRIETORSHIP; List legal name followed by legal business name and Social Security Number. ALL OTHERS; List legal name
of entity and Tax Identification Number (Tin).
1.8 By cannot be altered or amended after opening erne. Any Alterations made before opening time that be initialed by bidder or an authorized agent No bid can be
withdrawn after opening time without approval of the CITY based on a written acceptable reason.
1.9 The Cty.is exempt from State Sales Tax and Federal Excise Tax Do not include tax in bid.
1.10 The City reserves the right to accept or reject all or any part of bid, waive minor technicalities and award the bid to best serve the interests of the City, Split awards may be
made at the sole discretion of the City.
1.11 Consistent and continued fie bids could cause rejecfon of bids by the City and/or investigation for antitrust violations.
1.12 Telephone bids and facsimile bids are not acceptable in response to the IFB.
1.13 CAUTION: Bid invitation allows sufficient time for receipt of the preferred mail response. The City shall not be responsible for bids received late, illegible, incomplete, or
otherwise non - responsive
2. SPECIFICATION:
2.1 Any catalog, brand name or manufacturer's reference used in IFB is descriptive only (not restrictive), and is used to indicate type and quality desired. Bids on brands of like
nature and quality will be considered unless advertised under the provisions of Section 252.022 of the Texas Local Govemmenl Code. If other than brand(s) specified is
offered, Illustrations and complete descriptions of product offered am requested to be made a part of the bid. If bidder takes no exceptions lo specifications or reference
data In bid. bidder will be required to furnish brand names, numbers. etc, as specified in the IFB.
22 Al items bid shall be new, in fest class condition, including containers suitable for shipment and storage, unless otherwise indicated in IFB. Verbal durwnents to the
contrary will not be recognized.
2.3 Samples, when requested, must be furnished free of expense to the City. If not destroyed in examination, they will be retumed to the bidder, on request at bidder expense.
Each example should be marked with bidders' name and address, City bid number and code. Do not enclose in or attach to bid.
2.4 The City will not be bound by any oral statement or representation contrary to the written specifications of this IFB.
2.5 Manufacturer's standard warranty shall apply unless otherwise stated in the IFB.
3. TIE BIDS: In case of lie bids, the award will be made in accordance with Section 271.901 of the Texas Local Government Code.
4. DELIVERY:
4,1 Bid should show number of days required to place material in City's designated location under normal conditions. Failure to state deliver lime obligates bidder to complete
delivery in fourteen (14) calendar days. Unrealistically short or long delivery promises may cause bid to be disregarded. Consistent failure to meet delivery promises
without valid reason may cause removal from bid list (See 4.2 following.)
4.2 If delay Is foreseen, contractor shat give written notice to the City. The City has the right to extend delivery date If reasons appear valid. Contractor must keep the City
advised at all times of status of order. Default in promised delivery (without acceptable reasons) or failure to meet specifications, authorizes the City to purchase supplies
elsewhere and charge fun increase, if any, in cost and handing to defauting contractor.
4.3 No substitutions or cancellations permitted without written approval of the City.
4.4 Delivery shall be made during normal waking hours only, unless prior approval for late delivery has been obtained from the City, unless otherwise specified in the IFB.
5. INSPECTION AND TESTS: At goods will be subject to inspection and lest by the City to is extent practicable at all Imes and places. Authorized City personnel shall have
access to any supplier's place of business for the purpose of inspecting merchandise. Tests maybe performed on samples submitted with the bid or on samples taken from
regular shipments. If the products tested tail to meet or exceed all conditions and requirements of the specifications, the cost of the sample used and the cost of the testing shall
be borne by the supplier. Goods which have been delivered and rejected in whole or in pad may, at the Ciys option, be returned to the Vendor or held for disposition at Vendors
risk and expense. Latent defects may result in revocation of acceptance..
6. AWARD OF CONTRACT. A response to an IFE is an offer to contract with the City based upon the terms, conditions, and specifications contained in the IFB Bids do not become
contracts unless and until they are accepted by the City through its designates and a purchase order is issued. The contract shall be governed, construed, and interpreted under
the Charter of the City and the laws of State of Texas. An contracts are subject to the approval of the City Council
7. PAYMENT: Vendor shall submit three (3) copies of an Invoice showing the purchase order number on at copies.
8. PATENTS AND COPYRIGHTS: The contractor agrees to protect the City from claims involving infringements of patents or copyrights.
9. VENDOR ASSIGHNMENTS: Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contact, which arise under the antitrust laws of the State
of Texas. Tx, Bus. And Comm. Code Ann. Sec. 15.01, el seq. (1967).
10. BIDDER AFFIRMATION:
10.1 Signing this bid with a false statement is a material breach of contract and shall void the submitted bid or any resulting contracts, and the bidder shag be removed from all
bid lists. By signature hereon affixed, the bidder hereby certifies that
10.2 The bidder has not given, offered to give, nor hrtends to give any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, tip, favor,
or service to a public servant in connection with the submitted bid.
10.3 The bidder is not currently delinquent in the payment of any debt owed the City.
10.4 Nellher the bidder nor the firm, corporation, partnership, or any entity represented by the bidder, or anyone acing for such firm, corporation, or entity has violated the
antitrust laws of this Slate codified in Section 15,01 et Seq. Texas Business and Commercial Code, or the Federal Antitrust Laws, nor communicated directly or indirectly
the bid made to any competitor, or any other person engaged in such line of business.
10.5 The bidder has not received compensation for participation in the preparation xl the specification for this IFB.
11. NOTE TO BIDDERS: Any terms and conditions attached to bid will not be considered unless the bidder specifically references them on the front of this bid loon. WARNING: Such
tams and conditions may result in disqualification of the bid (e.g. bids with the laws of a state other than Texas requirements for prepayment Limitations on remedies, etc) The
City of Round Rock can only accept bids which contain all the terms and conditions of its formal IFB; in particular, all bidders alterations and certifications must be included.
Submission of bids on lams other than City bid form may result in disqualification of your bid_
12. INQUIRIES Inquiries pertaining to bid invitations must give bid number, codes, and opening date.
A.,..i.,
ITEM •
,T,Ti < ' t, y...i ``::Tylyn: f &:.b'. S x: "x 2t '
CLASS & ITEM DESCRIPTION
-I' .: :
OTT
.: .: . ,y
UNIT
,..8 .*s :.:':2 $x
MAKEIMODEL
mow::.,
UNIT
PRICE
EXTENSION
11
Sodium Sulfate, granular. 50 lb bags
1000
lbs
12
Algaecide 60, quart containers
36
quarts
is
Clarifier, 1 guart container
36
quarts
14
Scale Inhibitor, 1 quart container
36
quarts
1s
Metal Out, 1 quart container
36
quarts
in
Pool Perfect
12
quarts
in
Test Kits
4
ea
is
Reagents, loz bottles
170
ea
References:
Name Brenntaq Southwesllbne 210- 635 -7290
Name City of Kerrvi 11Ffhone R4f1 -Rq6 -5445
Name Schli tt erhahn Phone 830- 625 -2351
GRAND TOTAL
'By the signature hereon affixed. the bidder hereby certifies that neither the bidder nor the en1Ay represented by the bidder, or anyone acting for such
entity has violated the antitrust laws of this State, codified in Section 15.01 of seq.. Texas Business and Commerce Cede, or the Federal antitrust
laws, nor communicated directly or indirecoy, the bid made to any competitor or any other person engaged in such line of business'
C,41,1
DELIVERY IN 7
POOL CHEMICALS
DATE APRIL 14, 2003
2 eft
DAYS
CITY OF ROUND ROCK
POOL TREATMENT CHEMICALS
Page 1 of 6
SPECIFICATION NO.
02- 885-44
DATED: April 2003
1. PURPOSE: The City seeks a multi -year contract for the supply and delivery of various water treatment
chemicals for treating public swimming pools. These specifications shall become part of the resulting
contract.
2. DEFINITIONS: The following definitions will be used for identified terms throughout the specification
and bid document:
2.1. Bidder identified throughout this specification shall describe persons and entities that consider
themselves qualified to provide the services.
2.2. City — Identifies the City of Round Rock, Williamson County, Texas.
2.3. Contract — A mutually binding legal document obligating the Contractor to furnish the goods,
equipment or services, and obligating the City to pay for same.
2.4. Contractor — A person or business enterprise providing goods, equipment, labor and/or services to
the City as fulfillment of obligations arising from a contract.
2.5. Subcontractor - Any person or business enterprise providing goods, equipment, labor, and/or
services to a Contractor if such goods, equipment, labor, and/or services are procured or used in
fulfillment of the Contractor's obligations arising from a contract with the City.
3. CLARIFICATION: For clarification of specifications, bidders may contact:
Carolyn Brooks
City of Round Rock
Telephone: 512- 218 -5457
The individual listed above may be contacted by telephone or visited for clarification of the specifications
only. No authority is intended or implied that specifications may be amended or alterations accepted prior
to bid opening without written approval of the City of Round Rock through the Purchasing Agent.
PART I
GENERAL CLAUSES AND CONDITIONS
1. BEST BID EVALUATION: All bids received shall be evaluated based on the best value for the City. Best
value will be determined by considering all or part of the criteria listed, as well as any relevant criteria
specifically listed in the solicitation.
1.1. Bid price.
1.2. Reputation of the bidder and of bidder's goods and services.
1.3. The quality of the bidder's goods or services.
1.4. The extent to which the goods or services meet the City's needs.
1.5. Bidder's past relationship with the City.
ABANDONMENT OR DEFAULT: A Contractor who abandons or defaults the work on the contract and
causes the City to purchase the services elsewhere may be charge the difference in cost if any and will not
be considered in the re- advertisement of the service and may not be considered in future bids for the same
type of work unless the scope of work is significantly changed.
SPECIFICATION NO.
02 -885 -44
DATED: April 2003
3. COMPLIANCE WITH LAWS: The successful bidder shall comply with all federal, state, and local laws,
statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies
or tribunals in any matter affecting the performance of the resulting contract, including without limitation,
workers' compensation laws, minimum and maximum salary and wage statutes and regulations, and
licensing laws and regulations. When requested, the Contractor shall furnish the City with satisfactory
proof of its compliance.
4. INDEMNITY: Contractor shall indemnify, save harmless and defend the City, its officers, agents, servants,
and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages,
costs, expenses, attorney's fees and any and all other costs or fees incident to the performance of the
resulting contract and arising out of a willful or negligent act or omission of the Contractor, its officers,
agents, servants and employees.
5. NON - APPROPRIATION: The resulting contract is a commitment of the City's current revenues only. It
is understood and agreed the City shall have the right to terminate the contract at the end of any City fiscal
year if the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly
quantities, as determined by the City's budget for the fiscal year in question. The City may effect such
termination by giving contractor a written notice of termination at the end of its then current fiscal year
6. LIENS: Contractor agrees to and shall indemnify and save harmless the City against any and all liens and
encumbrances for all labor, goods and services which may be provided under the resulting contract. At the
City's request the Contractor or subcontractors shall provide a proper release of all liens or satisfactory
evidence of freedom from liens shall be delivered to the City.
7. VENUE: Both the City and the Contractor agree that venue for any litigation arising from a resulting
contract shall lie in Williamson County.
8. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be
considered an employee of the City. The Contractor shall not be within protection or coverage of the City's
Worker' Compensation insurance, Health Insurance, Liability Insurance or any other insurance that the City
from time to time may have in force and effect.
9. INVOICING: Contractor shall submit one original and one copy of each invoice on a monthly basis to the
following address:
City of Round Rock
Finance Department
221 East Main Street
Round Rock, TX78664 -5299
10. PROMPT PAYMENT POLICY: Payments will be made within thirty days after the City receives the
supplies, materials, equipment, or the day on which the performance of services was completed or the day
on which the City receives a correct invoice for the supplies, materials, equipment or services, whichever is
later The Contractor may charge a late fee (fee shall not be greater than that which is permitted by Texas
law) for payments not made in accordance with this prompt payment policy; however, this policy does not
apply to payments made by the City in the event:
10.1. There is a bona fide dispute between the City and Contractor concerning the supplies, materials,
services or equipment delivered or the services performed that causes the payment to be late; or
10.2. the terms of a federal contract, grant, regulation, or statute prevent the City from making a timely
payment with Federal Funds; or
10.3. the is a bona fide dispute between the Contractor and a subcontractor or between a subcontractor
and its suppliers concerning supplies, material, or equipment delivered or the services performed
which caused the payment to be late; or
Page 2 of 6
SPECIFICATION NO.
02- 885-44
DATED: April 2003
10.4. the invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase
order or contract or other such contractual agreement.
11. OVERCHARGES: Contractor hereby assigns to purchaser any and all claims for overcharges associated
with this contract which arise under the antitrust laws of the Untied States, 15 USGA Section 1 et sec ., and
which arise under the antitrust laws of the State of Texas, Bus. and Corn. Code, Section 15.01, et
PART II
SPECIFICATIONS
1. SCOPE: This specification describes water treatment chemicals for treating public pools to include, but not be
limited to, two -day delivery and availability to deliver in quantities and packaging specified. The Contractor shall
provide all labor, materials and equipment necessary to supply and deliver chemicals to various locations identified
within the City.
2. BIDDER QUALIFICATIONS: The opening of a bid will not be construed as the City's acceptance of such bidder
as qualified and responsible. The City reserves the right to determine the best value from information submitted
with the bid. All bidders shall furnish the following information at a minimum:
2.1. Bidders shall be firms normally engaged in the sale and distribution or provision of the services as specified
herein.
2.2. Bidders shall have adequate organization, facilities, equipment and personnel to ensure prompt and efficient
service to the City.
2.3. Provide quality control data and a minimum of three references (client name and telephone number) from
current product users for product integrity.
2.4. The City reserves the right before recommending any award to inspect the facilities and organization; or to
take any other action necessary to determine ability to perform is satisfactory and reject bids where
evidence submitted or investigation and evaluation indicates an inability of the bidder to perform.
2.5. References: Provide the name, address, telephone number and point of contract of at least three firms that
have utilized this type or similar service for at least two years. References may be checked prior to award.
Any negative responses received may result in disqualification of bid.
2.6. Identify any subcontractors to be used for this project. Experience, qualifications and references of the
subcontractors shall be submitted. The City reserves the right to approve or disapprove all subcontractors
prior to any work being performed.
3. MATERIAL SAFETY DATA SHEET (MSDS): Bidders shall provide the City with MSDS on all applicable
materials bid in accordance with all Federal, State and local laws, regulations, statues and ordinances.
4. EMERGENCY: The contractor shall have a qualified representative(s) who shall be available within 15 minutes
by telephone and six hours on -site, in case of emergency (e.g., leak). A twenty-four hour telephone number shall be
provided.
5. OXIDIZERS: The following chemicals will be used by the City as an oxidizer in the swimming pool treatment
process at the listed facilities.
5.1. Liquid Chlorine: Sodium Hypochlorite 10% solution shall be a clear, pale yellow or greenish liquid.
NOTE: Chlorine is very toxic and corrosive and shall be handled and stored in a manner conforming
strictly to the safety rules pertaining to chlorine.
5.1.1. Physical Properties: All liquid chlorine delivered shall:
5.1.1.1. Not exceed 10 PPM lead, 1 PPM mercury, 3 PPM arsenic or 30 PPM of the sum of all
heavy metals.
Page 3 of 6
6.2.1. Example: Leslie's Soda Ash or City approved equal.
62.2. Packaging — 50 pound bags.
6.1 Sodium Bicarbonate
6.3.1. Example: Leslie's Sodium Bi -Carb or City approved equal.
6.3.2. Packaging — 50 pound bags.
Page 4 of 6
SPECIFICATION NO.
02- 885-44
DATED: April 2003
5.1.2. Packaging: Chlorine shall be delivered in bulk, stored in tanks on City sites and priced
by the gallon.
5.1.2.1. BULK, Unloading shall be through quick coupler fitting on the tank. Hoses for
delivering from the tanker to the holding tank shall be the responsibility of the
Contractor. Certified weight tickets shall accompany all tank truck shipments.
5.1.3. Delivery: All deliveries shall be coordinated with City representative and made to the designated
inside storage facilities.
5.2. Chlorine Tabs: Trichloro- s- trizentrione tablets, 99 percent available chlorine,
5.2.1. Packaging: Chlorine shall be delivered as requested below:
52.1.1. 1 -inch tablet packaged by the pound in a moister /water proof, pail type container with
handle, 45 to 50 pounds maximum.
5.2.1.2. 3 -inch tablet packaged by the pound in a moister /water proof, pail type container with
handle, 45 to 50 pounds maximum.
5.3. Calcium Hvpochlorite: HTH, Calcium Hypochlorite, 65 percent available chlorine in granular form.
5.3.1.1. Packaging Drum, Granules shall be packaged in 100 lb. re- useable drums, unless
otherwise specified. Each drum shall be marked legibly of its contents, the name, net
weight or volume. '
5.4. Mono per Sulfate: Non chlorine shock
5.4.1. Example: Leslie's Fresh -N -Clear or City approved equal.
5.4.2. Packaging: 40 pound containers
6. pH AND ALKALINITY CONTROL: The following chemicals will be used to control the pH and alkalinity in the
pool treatment process at the listed facilities.
6.1. Muriatic Acid: Liquid shall be 36 percent (Hydrogen Chloride, Hydrochloric Acid) to lower pH.
6.1.1. Example: Transchem or City approved equal.
6.1.2. Packaging:
6.1.2.1. DRUM- 30 gallon drums. Each drum shall have marked legibly on it the name of the
acid, net weight or volume.
6.1.2.2. CASE — 6- lgallon containers per case.
6.1.3. Delivery: and shipping of all acid solutions shall conform to all applicable local, state and federal
including US DOT regulations and applicable interstate regulations.
6.2. Light Soda Ash: Sodium Carbonate to raise pH.
Page 5 of 6
SPECIFICATION NO.
02- 885-44
DATED: April 2003
7. MAINTENANCE CHEMICALS: The following chemicals will be used to maintain the proper chemical balance
in swimming pool(s).
7.1. Cyanuric Acid: 100 percent in granular form stabilizer.
7.1.1. Example: ISO Cyanuric Acid or City approved equal.
7.1.2. Packaging — 100 pound container.
7.2. Sodium Sulfate: shall be 99 percent in granular form to neutralize chlorine.
7.2.1. Example — Leslie's chlorine Neutralizer or City approved equal
7.2.2. Packaging — 50 pound bag.
7.3. Algaecide 60:
7.3.1. Example: Pool Seasons Algae Control or City approved equal
7.3.2. Packaging — Quart size containers.
7.4. Clarifier: Shall be oxidizing type
7.4.1. Example: Sea Klear, Sea Klear- Vansen or City approved equal.
7.4.2. Packaging — Quart size containers.
7.5. Scale Inhibitor: Shall be used to remove white residue from pool surface.
7.5.1. Example: Scale Be Gone or City approved equal.
7.5.2. Packaging — Quart size containers.
7.6. Metal Out: Shall be used to remove iron and copper from water.
7.6.1. Example: Leslie's Metal Out or City approved equal.
7.6.2. Packaging — Quart size containers.
7.7. Pool Perfect: An enzyme formula for treating oils in water.
7.7.1. Example: Natural Chemistry or City approved equal.
7.8. Test Kits: FAS -DPD Chlorine for testing water.
7.8.1. Example: Taylor
7.9. Reagents: Shall be compatible with Taylor Test Kits. Reagents shall include but not be limited to:
7.9.1. PH = R004, R005, R006
7.9.2. Alkalinity = R007, R008, R009
7.9.3. Chlorine = Root, R002, R0870, R0871
7.9.4. Calcium Hardness = R0010, R00111, R0012
7.9.5. Cvanurc Acld = R013
PART III
CONTRACT TERMS AND CONDITIONS
1. CONTRACT: The term of this contract shall be for a twelve -month period of time from the date of award. Prices
shall be firm for the duration of the agreement, except as provided for herein. This contract may be renewed for four
additional periods of time not to exceed twelve months for each renewal provided both parties agree. The City
reserves the right to review the Vendor's performance at the end of each twelve month period of time and to cancel
the contract (without penalty) or continue the contract through the next period.
SPECIFICATION NO.
02- 885-44
DATED: April 2003
2. RULES, REGULATIONS, LAWS, ORDINANCES AND LICENSES: Contractor shall observe and obey all
laws, ordinances, rules, and regulations of the federal, state and local government which may be applicable to the
supply of this product or service.
2.1. Occupational License — Contractor shall submit within 10 calendar days after request.
2.2. Specialty Licenses(s) — Contractor shall possess at the time of the opening of the bid all necessary permits
and/or license required for the sale of product and/or service and shall provide said documents within 10
calendars of request by the City.
3. SAFETY TRAINING: The Contractor shall provide, at no additional cost, a minimum of two one -hour training
sessions at each delivery location, each year that meet the federal and state safety and right to know training
requirements for all chemicals delivered. A qualified instructor(s) thoroughly trained on the safe handling practices
a leak response associated with each chemical delivered shall conduct education and instruction.
4. ORDER OUANTITY: The quantities shown on the IFB are estimates only. No guarantee of any minimum or
maximum purchase is made or implied. The City will only order the services needed to satisfy operating
requirements, which may be more or less than indicated.
PRICE ADJUSTMENT: The City may permit `unit price" adjustments upward, only as a result of a cost increase
in services in accordance with the Producers Price Index. Any price increase shall be requested by the contractor in
writing and accompanied with the appropriate documentation to justify the increase. The vendor may offer price
decreases at in any time.
6. DELIVERY: Unless noted on the solicitation, all shipments shall be FOB Destination our dock and received
between the hours of 8:00AM and 4:00AM, Monday through Friday, within two working days after verbal request
against an established blanket purchase order from the City. All deliveries shall be coordinated through City's
representative. NOTE: All delivery addresses will be identified on the purchase/blanket orders including, but
not limited to the following locations.
Delivery Locations:
Clay Madson Recreation Center
1600 Gattis School Road
Round Rock, TX 78664
Micki Krebsbach Pool
301 Deepwood Drive
Round Rock, TX 78664
Lake Creek Park Pool
800 Deerfoot Drive
Round Rock, TX 78664
Rabb House
2109 Palm Valley Blvd.
Round Rock, TX 78664
7. CANCELLATION: Either party may cancel the contract, without penalty, by providing 30 days prior written
notice to the other party. Termination under this paragraph shall not relieve the Contractor of any obligation or
liability that has occurred prior to cancellation. NOTE: This contract is subject to cancellation, without penalty
at any time the City deems the vendor to be non - compliant with contractual obligations.
8. CONTRACT ADMINISTRATOR: All work performed under this contract will be supervised and verified by the
City representative noted below.
Mike Hemker at 512 -341 -3343
Page 6 of 6
BID TAB
BID NUMBER: 03 -007
BID OPENING: 4/29/2003 3:pm
POOL CHEMICALS
VENDOR
PROGRESSIVE COM
TOTAL: 51,628.00
VENDOR
CHLOR -SERV, INC
TOTAL: 50,643.00
VENDOR
DPC INDUSTRIES
TOTAL: 44,92800
VENDOR
TOTAL:
000
ITEM
DESCRIPTION
QTY
UnitE Extended
Unitb Extended
Unit
Extended
Unit$
Extended
1 'LIQUID
CHLORINE, 10 % BULK
16,000
1.20 __ 19,20000
1.10 17,600.00
088 14,08000
0.00
2
TAB. 1 INCH
300
1 601 480.00
N/B 1WB
2151 645.00
J
0.00
3
TAB, 3 INCH
200
1.601 320.00
1.701 340.00
2.151 43000
J
000
4
CALCIUM HYPOCHLORITE, DRUM
1,800
1051 1,890.00
1.111 1,989.00
0961 1,72000
1
0.00
5
MON PER SULFATE, 40LB
120
2.001 24000
N/B 1N/B
N/B
1N /B
J
0.00
6
MURIATIC ACID DRUM
15,000
1.701 25,50000
(30 GAL DRUM 8511
2.001 30,000.00
1.741 26,100.00
J_
000
7
MUIATIC ACID LIQUID
200
2.251 450.00
N/B 1N /B
341 68000
j
000
8
LIGHT SODA ASH, 50LB BAGS
800
0.181_ 144.00_
0.351 280.00
0.251 200.00
1
000
9
SODIUM BICARBONATE, 50LB
300
0.221 6600
0.261 8400
0311 93.00
J
000
10
CYANURIC ACID 100 CONTAINER
1000
0661 660.00
N/B 1N /B
0.971 970.00
J
000
11
SODIUM SULFATE, 50LB BAGS
1000
0.541 54000
0.351 350.00
N/B
1N /B
1
0.00
12
ALGAECIDE 60. QT
36
13.001 468.00
N/B 1N /B
N/B
1N/B
1 _
000
13
CLARIFIER, 1 OT
36
8.001 288.00
N/B 1N/B
N/B
1N /B
J
0. 00
14
SCALE INHIBITOR I QT
36
7.501 27000
N/B 19 /B
N/B
1N/B
J
0.00
15
METAL OUT. 1 OT
36
7.501 27000
N/B 1N /B
N/B
1N /B
_
L
000
16
POOL PERFECT
12
10501 126.00
N/8 1N /B
N/B
1N /B
J
0.00
17
TEST KITS
4
9 . 08 1 36.00
N/B 1N /B
N/B
1N /B
J
0.00
18
REAGENTS , 102 BOTTLE
170
4 .001 680 00
N/B 1N/B
N/B
1N /B
J
0.00
City Manager
James R. Nose, P.E.
City Attorney
Stephan L. Sheets
ROUND ROCK, T
PURPOSE. PASSION. PROSPERITY.
July 31, 2003
Mayor Sincerely,
Nyle Maxwell
Council Members
Alan McGraw
Carrie Pitt
Scot Knight Enclosure
Scott Rhode
Gary Coe
Mr. Collins King
Regional Sales Manager
DPC Industries, Inc.
4351 Director Drive
San Antonio, TX 78219
Dear Mr. King:
The Round Rock City Council approved Resolution No. R- 03- 07 -24-
11C1 at their regularly scheduled meeting on July 24, 2003. This
resolution approves the annual purchasing agreement for the
purchase of liquid chlorine and muratic acid for the sanitation of the
City's swimming pools.
Enclosed is a copy of the resolution and agreement for your files. If
you have any questions, please do not hesitate to contact Sharon Prete
at 218 -5540.
Mayor Pro-tem abnp-721'63'0-149-Qf
Tom Nielson Sherri Monroe
Assistant City Secretary
CITY OF ROUND ROCK Administrative Dept., 22t East Main Street • Round Rock, Texas 78664
Phone: 512.218.5400 • Fax: 512 218.7097 • www.ci.round- rock.tx.us