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CM-09-03-030CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF "POOL CHEMICALS, BULK" FROM ALTIVIA CORPORATION THE STATE OF TEXAS CITY OF ROUND ROCK COUNTY OF WILLIAMSON COUNTY OF TRAVIS KNOW ALL BY THESE PRESENTS: That this Agreement for purchase of "Pool Chemicals, Bulk", and for related goods and services, referred to herein as the "Agreement," is made and entered into on this the 13th day of the month of February , 2009, by and between the CITY OF ROUND ROCK, TEXAS, a home -rule municipality whose offices are located at 221 East Main Street, Round Rock, Texas 78664, referred to herein as the "City," and ALTIVIA CORPORATION, whose offices are located at 1100 Louisiana, Suite 3160, Houston, Texas 77002, referred to herein as the "Vendor." This Agreement supersedes and replaces any previous agreements between the named parties, whether oral or written, and whether or not established by custom and practice. RECITALS: WHEREAS, City desires to purchase "Pool Chemicals, Bulk", and to purchase associated goods and services, and City desires to purchase same from Vendor; and WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods, and City has selected the bid submitted by Vendor; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties, and obligations; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties mutually agree as follows: 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and Vendor whereby City is obligated to buy specified goods and/or services and Vendor is obligated to sell same. The Agreement includes the following: (a) City's Invitation for Bid designated IFB 09-008, Specification Number 08-885-38-01 revised November 2008; (b) Vendor's Response to IFB; (c) contract award; and (d) any exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: 00153202/jkg 1 Igo.... (1) (2) (3) This Agreement; Purchaser's Response to IFB; City's Invitation for Bids, exhibits, and attachments. B. City means the City of Round Rock, Williamson and Travis Counties, Texas. C. Effective Date means the date upon which the binding signatures of both parties to this Agreement are affixed. D. Force Majeure means acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind from the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government and the people, civil disturbances, explosions, or other causes not reasonably within the control of the party claiming such inability. E. Goods mean the specified supplies, materials, commodities, or equipment. F. Vendor means Altivia Corporation, or any of its successors or assigns. 2.01 EFFECTIVE DATE, INITIAL TERM, AND ALLOWABLE RENEWALS A. This Agreement shall be effective on the date it has been signed by both parties hereto, and shall remain in full force and effect unless and until it expires by operation of the term stated herein, or until terminated or extended as provided herein. B. The term of this Agreement shall be for five (5) consecutive twelve-month periods from the effective date hereof. After that term, this Agreement may be renewed for successive terms of twelve (12) months each, not to exceed in the aggregate two (2) such renewals, with such renewals to occur on or before the expiration date of the preceding term, and with such renewals being absolutely predicated upon the express written agreement of both parties. Such renewals are permitted only provided Vendor has performed each and every contractual obligation specified in this original Agreement. C. Prices shall be firm for the duration of this Agreement and for any renewal periods. No separate line item charges shall be permitted for invoicing purposes, including but not limited to equipment rental, demurrage, costs associated with obtaining permits, or any other extraneous charges. City may permit "unit price" adjustments upwards only as a result f a cost increase in goods or services in accordance with the Producers Price Index located at http://stats.bls.gov/ppi/home.htm. Any price increase shall be requested by Vendor in writing and accompanied by the appropriate documentation to justify the requested increase. Vendor may offer price decreases in excess of the allowable percentage change. 2 D. City reserves the right to review the relationship at any time, and may elect to terminate this Agreement with or without cause or may elect to continue. 3.01 CONTRACT DOCUMENTS AND EXHIBITS City selected Vendor as the integrator of choice to supply the goods as outlined in IFB 09-008, Specification Number 08-885-38-01 revised November 2008, and Response to IFB submitted by Vendor, all as specified in Exhibit "A" attached hereto and made a part hereof for all purposes. The intent of these documents is to formulate an Agreement listing the responsibilities of both parties as outlined in the IFB and as offered by Vendor in its Response to the IFB. The goods which are the subject matter of this Agreement are described in Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are fully a part of this Agreement as if repeated herein in full. 4.01 ITEMS AWARDED All bid items on Exhibit "A" are awarded to Vendor. 5.01 COSTS Bid costs listed on Exhibit "A" shall be the basis of any charges collected by Vendor. 6.01 INVOICES All invoices shall include, at a minimum, the following information: A. Name and address of Vendor; B. Purchase Order Number; C. Description and quantity of items received; and D. Delivery dates. 7.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING Authority for local governments to contract with one another to perform certain governmental functions and services, including but not limited to purchasing functions, is granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts, Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter F, Section 271.101 and Section 271.102. Other governmental entities within the State of Texas may be extended the opportunity to purchase off of the City of Round Rock's bid, with the consent and agreement of the successful vendor(s) and Round Rock. Such agreement shall be conclusively inferred for the vendor from lack of exception to this clause in the vendor's response. However, all parties hereby expressly agree that the City of Round Rock is not an agent of, partner to, or representative of those outside 3 agencies or entities and that the City of Round Rock is not obligated or liable for any action or debts that may arise out of such independently -negotiated "piggyback" procurements. 8.01 NON -APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving Vendor a written notice of termination at the end of its then -current fiscal year. 9.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made by City to Vendor will be made within thirty (30) days of the date City receives goods under this Agreement, the date the performance of the services under this Agreement are completed, or the date City receives a correct invoice for the goods or services, whichever is later. Vendor may charge interest on an overdue payment at the "rate in effect" on September 1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Vendor, a contractor, subcontractor, or supplier about the goods delivered or the service performed that causes the payment to be late; or B. There is a bona fide dispute between Vendor and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be late; or C. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or D. The invoice is not mailed to City in strict accordance with any instruction on the purchase order relating to the payment. 10.01 GRATUITIES AND BRIBES City may, by written notice to Vendor, cancel this Agreement without incurring any liability to Vendor if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Vendor or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code. 4 11.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Vendor's charges. 12.01 ORDERS PLACED WITH ALTERNATE VENDORS If Vendor cannot provide the goods as specified, City reserves the right and option to obtain the products from another supplier or suppliers. 13.01 INSURANCE Vendor shall meet all requirements as stated in the attached Invitation for Bid No. 09-009 (including all attachments and exhibits), and its bid response. 14.01 CITY'S REPRESENTATIVE City hereby designates the following representative(s) authorized to act in its behalf with regard to this Agreement: Cath Martel Athletics and Aquatics Manager Parks and Recreation Department 301 West Bagdad Avenue, Suite 250 Round Rock, Texas 78664 512-218-5540 cath@round-rock.tx.us 15.01 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then demand may be made to the other party for written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made, then and in that event the demanding party may treat such failure as an anticipatory repudiation of this Agreement. 16.01 DEFAULT If Vendor abandons or defaults 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 not be considered in future bids for the same type of work unless the scope of work is significantly changed. 5 Vendor shall be declared in default of this Agreement if it does any of the following: A. Fails to make any payment in full when due; B. Fails to fully, timely and faithfully perform any of its material obligations under this Agreement; C. Fails to provide adequate assurance of performance under the "Right to Assurance" section herein; or D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States. 17.01 TERMINATION AND SUSPENSION A. City has the right to terminate this Agreement, in whole or in part, for convenience and without cause, at any time upon thirty (30) days' written notice to Vendor. B. In the event of any default by Vendor, City has the right to terminate this Agreement for cause, upon ten (10) days' written notice to Vendor. C. Vendor has the right to terminate this Agreement only for cause, that being in the event of a material and substantial breach by City, or by mutual agreement to terminate evidenced in writing by 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, Vendor shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor shall submit a statement showing in detail the goods and/or services satisfactorily performed under this Agreement to the date of termination. City shall then pay Vendor that portion of the charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services it would have performed under the remaining term of the Agreement except as provided herein. 18.01 INDEMNIFICATION Vendor shall defend (at the option of City), indemnify, and hold City, its successors, assigns, officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor, or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be deemed to limit the rights of City or Vendor (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 6 19.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES Vendor, its agents, employees 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. 20.01 ASSIGNMENT AND DELEGATION The parties hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party shall assign, sublet or transfer any interest in this Agreement without prior written authorization of the other party. 21.01 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: 1. When delivered personally to recipient's address as stated in this Agreement; or 2. Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Vendor: Altivia Corporation 1100 Louisiana, Suite 3160 Houston, TX 77002 Notice to City: Assistant City Manager 221 East Main Street Round Rock, TX 78664 Stephen L. Sheets, City Attorney AND TO: 309 East Main Street Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Vendor. 22.01 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 7 23.01 EXCLUSIVE AGREEMENT This document, and all appended documents, constitutes the entire Agreement between Vendor and City. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing, duly authorized by action of the City Manager or City Council. 24.01 DISPUTE RESOLUTION If a dispute or claim arises under this Agreement, the parties agree to first try to resolve the dispute or claim by appropriate internal means, including referral to each party's senior management. If the parties cannot reach a mutually satisfactory resolution, then and in that event any such dispute or claim will be sought to be resolved with the help of a mutually selected mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a mediator and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney fees, associated with the mediation shall be shared equally by the parties. City and Vendor hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 25.01 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any such void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined to be void. 26.01 MISCELLANEOUS PROVISIONS Standard of Care. Vendor represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. Time is of the Essence. Vendor understands and agrees that time is of the essence and that any failure of Vendor to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this 8 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. IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates indicated. City of Round Rock, Texas Altivia Corporation By: Printed N Title: Date Signed: Attest: By: Sara L. White, City Secretary For Ci • proved as to Form: By: .41 Steph. L. Sheets, City Attorney By: _41 11.I Pri ed Nan*: Gayle'M. Tullier Title: Senior Contract Administrator Date Signed: February 13. 2009 9 • �. r INVITATION FOR BIO (IFS) CITY OF ROUND ROCK PURCHASING OFFICE 221 E. Rain Street Round Rock, Texas 786648299 BIDS ARE DUE TO THE PURCHASING OFFICE AT THE ABOVE ADDRESS BEFORE BID FACSIMILE RESPONSES OPESING TIME. SHALL NOT BEACCEFEED INVOICE TO: City of Round Rock Accounts Payable 221 East Main Street Round Rock, Texas 78684-6299 010 F.O.B. DESTINATION. FREIGHT PREPAID AND ALLOWED UNLESS OTHERWISE SPECIFIED BELOW DESTINATION: CITY OF ROUND ROCK PARD YARD 300 SOUTH BURNET STREET ROUND ROCK, TX 78664 moww anon OAT,* SONMMdIM MANI& NAD COMM a HAIM OM IRSSLa0 & INOMREfJM ADDRESS OF BOOM RRA, BIDDING INFORMATION: POOL CHEMICALS, BULK BONDSMEN 09408 OPEN/40 DATE: 12/912008 at 3:00 P.M. BD LOCATION: 221 E. Main Street, Council Chambers, Round Rock, TX 778664 RETURN SIGNED ORIGINAL AND ONE COPY OF BID IREi6-#i&Lill9Rlt;4lm Mins to Men bid Mil McNally bld .0 c.t/RDecember 8.2008 Ti l�Liep See 17 of Bidding Instructions on page 3 TAX ONO: 76.0286332 LEGAL BMWSS NAME: ALTIVIA Corporation ADOREB5: 1100 Louisiana, Ste. 3160 ADDRESS: Houston, Texas 77002 CONTACT: Gayle M. Tinder TELEPHONE NO.: (866) 258-4842 x 328 BUSINESS ENTRY TYPE Corporation 'By the signature hereon affixed. the bidder hereby oarlike that neitherthe bidder nor the entity represented by the bidder, or anyone toting for such entity has violated the antitrust Taws of this State, codified In Section 15.01 N seq., Texas business and Commerce Code, or the Federal antitrust lane, noroorrarxmloated directly or indirectly, the bid made to any competitor or any other person engaged in such line of business." Bidder agrees to comply with all conditions set forth In this Solkifa9on. This is for the purchase of liquid chbrire and mulatto acid In accordance vAh SpecMlcation No. 08.885-38.01, Revised 11-2008 (6 pgs), Attachment A, Insurance (4 pgs). The quantdies shown are estimates for a twelve month period only. No guarantee of any minimum or maximum curdlese is made or implied. The Gly wit only order the amount needed to satisfy operating requirements. The City reserves the right to Increase or decrease order quan8tes as needed. ITEM# CLASS & ITEM DESCRIPTION 885-38 QTY UIM UNIT PRICE EXTENSION Liquid Chlorine, 10%, bulk 22,000 2 Muriatic Acid, liquid, 30 gal. Drum 1,400 3 ALTERNATE ODIN LIEU OF ITEM NO. 2 Muriatic Acid, liquid, 15 gal. Drum 1,400 4 Please identify any addfionai charges such as delivery, surcharge. gal gal gal $1.17/Gal $25.740.00 $2.50/Gat nla $ 3,500.00 nla none none • EXHIBIT ,,An • Page 1 of 1 GRAND TOTAL 529,240.00 DELIVERY IN 2-4 DAYS ti 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 Biddrg requires pdcig per unit shown and extensions. if trade discount is shown on bid, It Mould be deducted and net lie Moro shown. Bidders guaantees product offered will meet or exceed specifications Identified in this halation For Bid (IFB). 1.2 Bids should be submitted on this form Each bid stall be paced Ina separate envelops con ete1y and properly identified. See instructions on reverse side &ds must be in the once of the City Purchasing Agent before the tour end dab spelled on the reverse sib el this IFB. 1.3 late bids properly identified will be returned b bidder unopened late bids will not be considered. 1.4 ed F.O.B. destination, frelnd, prepaid, & allowed mese °them e. speo7ied on the IFB. ff othewise, slaw exact cost to deliver. 1.5 BO dere a price will no be ron queniky andunit el measure spoiled, coded and show iolai. M ase d tenors in extension, unit prices shall govern. Bids stb)ect b unfmted price inm1.6 Bid prices shall be firm ler acceptance 30 days from bid opertrg date. 'Discount from LISP' bide are not aceepanoe unless requested. Cash dacoud will not be considered in determining the low dd. Al cash discounts offered wit be been if earned 1.7 Bids shall give Tax Identification Number, full name and addrees of bidder. Failure to open wit disqualify bid Person signing bid shaft show tete and Mho* to bird signatoriesPartnership,Sole Firm Pr lip, Estate/fr�uit, Capora l r on each page nGovern aldock provided in the other right comer. Menem DINDIVIDUAL: ap be one (1e a the bless shaavn on Social pis ell coxes shag be al Sec d, nbsr list ERS end legalese ston50c do SOLE Tin). f0RSN1p lief legal roma Mowed by legal business roma and Social Sectary Wurhber. ALL OTHERS; flet legal ranee d entity and Tax Identification Number (Tiro. 1.8 Bid cannot be altered or amended after opening tine. My Meraio s made before opening time shall be Misled by bidder or an authorized agent No bid can be withdrawn eller opening time without approval of the CRY taxed on a written ameptade reason. 1.9 The Cly is exempt from Stale Sales Tax and Federal Excise Tax 0o not Include tax in bid 1.10 madeTheIt the rves the right to accept or reed all or any ped d bid, waive minor tedrtcxRties and award the ddb bed serve are interests of the City, Spit awards may be a1.11 Consistent and contemned be bids could cause rejection of tide dy the Gly ander kwestigatipn for antitrust ustviolations. 1.12 Telephone bide and facsin le bids ate rot acoeptade In response b Ile FR 1.13 CAUTION: Bid iwletion Maws sufficient tine for receipt of the preferred nal response. The City dal not be responsible for bids received let r otherwee non-responsive a illegible, incomplete, or 2. SPECIFICATION: 21 Ary rents and , brand name or manufacturer's reference used n IFB 0 descriptive only (not restrictive), and Is used to indcete type and quay desired. Bds on brands of Dae offered, lid atlqualit wil and ccbe onside ed unless advertised Product offered > ro d Stiction 26.022 d Che Texas Local Gover nnent Code. If other than 155145) speckled Is data in bid, bidder will be required to fur ish brand names, numbers, etc, as spedlledested b h the be made a part d the bid C bidder bias no 'Inceptions to specifications or reference 2.2 Al items bid shall be new, in fest lass condition, Inducting containers suitable ler shipment and im contrary oat not be recognized age, unless otherwise indicated in IFB Verbal agreements to the 2.3 Samples, when requested, must be furnished freed ehpere to Meaty If not destroyed in exarmaion, they wit be retuned to are bidder, on request Each example should be marked with bidders' name and address, Ley dot nuttier and code. Do not enclose in or attach to bid. at bidder expense. 2.4 The City wee rot be bound by any oral statement or repreeertaeon contrary b he written spectic tbns of Cts IFB. 2.5 Manufacturer% standard warranty shall apply unless of henvlse stated in the FB 3. TIE BIDS: In case or tie bids, the award wilt be made in a000ndance with Section 271.901 d the Texas Local Government Code 4 DEUVERY: 41 Bid should show number of days required to place medal h Clys designated beaten under normal candlions. Failure to stab deliver time obligates bidder to complete delvery in fourteen (14) calendar days Unfeebticaly short or long envoy promisee nay cause bid to be disregarded. Consistent failure to meet delivery promises without vatd reason may cause removal from bid Rat (See 4.2 following.) 42 t delay a foreseen, contractor shall give written notice to the City. The Cly rhes the right to extend delvery date 0 reasons appear valid. Contract's Host keep the Cit, advised at al times of status of order. Default in promised delivery (without acceptable reasons) or failure to meet epedfcatora, authorizes the City to purchase les elsewhere and charge WI increase, if any, n cost and herding to deeding contractor. supplies 4 3 No substitutions or cancellations permitted without seinen approval of tie City. 44 Delivery shall be nide during normal working hours orty, mess prior approval to tate delvery fes been oddned from the Cly, unless otherwise veined in the IFB. 5. INSPECTION AND TESTS: Al goods wit be abject b Itspelon and teat bre the pry to the exert practicable at ail times and places. Authorized Cly persormel shall have regularcs s10 any swprers if the place prodf tusiness for the leis to meet or e purpose 0? epeclig ell detl me dendlse Teats may be performed on sarrpes eubmNed with the bbd a on samples taken from be borns by the ?Ropier.1fproduct ouch have been delivered ore end end requremsrta d the specifications, be � d the ample used and are cost of the testing shat risk and expense. Latent defects may reset In revocation d aooepte� rejected h a n pat may, at the f3tye opior4 be retuned b he Verdes a led for deposition at Vendor's 6. AWARD OF CONTRACT: A resporae to an IFB Is an offer to contact nth the City based upon the terns, cotillions, and ape tficatiae contained in are IFB Bids do not become HieCholracts unless City and laws ofare Stateoed f Texas. A cthe City o d a, desigiates and a vi s issued The contrast .hal be governed, construed, and interpreted [ander Ilse Charter d the subject b the Gy Council 7. PAYMENT: Vendor snarl submit Gree (3) copes d an invoice stowing the pectase order number an al mea. 8. PATENTS AND COPYRIGHTS: The contractor agrees to protect the City from rains nvdMirg Infringements of patents or copyrights. 9. VENDOR ASSIGNMENTS: Vendor hereby assigns to phadeser any and al claims for overcharges associated wen this contract, which arae under the anhtitrust laws d the State of Texas. Tx, an. And Comm Code Ann. Sec. 15.01, et seq. (1987). 10. BIDDER AFFIRMATION: 10.1 Sigrirg Cts hid with a false stalerrert is a material breach of contract and shad void the 'cuddled bid a any resulting cortads, and the bidder shall be removed from all bid lets. By signature hereon Wood, the bidder hereby edifies Cat; 10.2 The bidder has rhos given, offered to give, rho mends to give any bine hereafter aro economic oppodunly, future e or service to a public servant to connection with the submitted bid. oyA18d 9R. loan gratuity, apectal demur. tit. fawn. 10.3 The bidder is not curerby delinquert in the payment of any debt owed the C ky. 10.4 Neither the bidder nor the ltrnw corporation partneiship, or any erdy represented by the bidder, or aneitet laws d this State coddled n Section 15.01 et. Seq. Texas Business and Commercial anyone Federal for such L arm, or communicated a e dimity opiated the We hid made b any competitor, or any other person engaged n arch Rte d business. ' o Federei Anitrest Laws, nor ixrrarsatcated diaay or irhdieldy 10.5 The bidder thea not received compensation for perddpatlon In the preparation of the specification for this IFB. 11. NOTE 1'O BIDDERS: My terns and oonditios attached to bid will not be considered Latero the Udder tomtit* terms ora conditions may result in dsqualiicatloh d the bid (e.g. bids wish the laws d e state other ten Tex references em theym sot d this bid tont WAIG,Ie c Th) e Qun City d Rod Rost can only accept bids wdch contain all the teens and condtions did formal IFR n particular, bidders affirmations aCimatio s end certifications mud be inckrded Submission of bids on forms other than City bid form may result In dlaguajimtlpm et your bid 12 INQUIRIES: Inqulries pertaining to bid invitations mist give Lid number, codes, and cooing date Page 1d1 t • r REFERENCE SHEET Please Complete and_Reltlfn ThIsF_orm with the Solicitation Response SOLICITATION NUMBER: IFB 09-008 Pool Chemicals, Bulk BIDDER'S NAME: ALTIVIA Corporation DATE: December 8, 2008 Provide the name, address, telephone number and point of contract of at least three firms that have utilized similar service for at least 2 year. References may be checked prior to award. Any negative responses received may result in disqualification of bid. 1. Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number 2. Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number 3. Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number 4. Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number 5. Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number City of Lampassas John Richardson CPO -Tech 312 E acrd Street 1 Ampaggas TX 78550 ( 512 ) 558-6831 Fax Number ( Lakeway Inn Allen Smith Assistant Engineer 101 Lakeway Drive Lakeway. TX 78734 ( 512 ) 261-7312 Fax Number ( City of Giddings Spencer CPO 118 E Richmond St Giddings. TX 78942 ( 979 ) 542-2311 Girl Scouts of Central Texas Fax Number ( 979 ) 542-0950 Sonny Manager 12012 Park Thirty-Fhre Circle Austin, TX 78753 ( 512 ) 453-7391 Fax Number ( ) YMCA - Travis County Ron Beckner Aquatics Manager 5807 McNeil Drive Austin, TX 78702 ( 512 )476-6705 Fax Number ( 512 476-3548 FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSERATION FROM AWARD. Reference Sheet Page 1 of 1 Dated: 05/12005 CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business with local governmental entity FORM CIQ This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Govemment Code by a person who has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the person meets requirements under Section 176.006(a)_ By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. ill Name of person who has a business relationship with local governmental entity. ALTIVIA Corporation Jri OFFICE USE ONLY Dale Received Check this box If you are filing an update to a previously flied questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally fled questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom flier has employment or business relationship. None Name of Officer This section (item 3 including subparts A, 8, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 178.001(1-a), Local govemment Code. Attach additional pages to this Form CIQ as necessary. A. Is the local govemment officer named In this section receiving or likely to reoeive taxable income, other than investment income, from the filer of the questionnaire? Yes [J No B. Is the filer of the questionnaire receiving or likely to receive taxable Income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? 11 Yes xJ No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes x No D. Describe each employment or business relationship with the local govemment officer named In this section. None Signature of person doingtisiness with the governmental engty December 8, 2008 Date Adopted 08/29/2007 Tuesday, April 0!, 2008 MATERIAL SAFETY DATA SHEET 1. CHEMICAL PRODUCT AND COMPANY IDENTIFICATION PRODUCT NAME: Muriatic Acid (10-23 deg. Baume) PRODUCT ID: 0130 SYNONYMS* Hydrochloric Acid; Muriatic Acid; Hydrogen Chloride; HCI ISSUE DATE: 08/25/1999 EDITION NO • 13 PPG Industries, Inc. One PPG Place, Pittsburgh, PA 15272, USA 24-hour Emergency Telephone Number: 1-304-843-1300 For Product Information (8am-5pm Eastem time): 1-800.243-6774 (C/A) PREPARER: Product Safety, Chemicals 2. COMPOSITION/INFORMATION ON INGREDIENTS Materlal/CAS Number Hydrochloric Acid 7647-01-0 Percent 22-38 (22.92% (§ 15, 27.9% ® 18, 31.5% © 20, 35.2% © 22,37.1% © 23 deg. Baume') 3. HAZARDS IDENTIFICATION EMERGENCY OVERVIEW: DANGER! Corrosive - Causes severe bums to eyes and skin. Precautions: Do not get in eyes, on skin, or on clothing. Corrosive to skin. Even a small amount in the eye can cause blindness. Do not swallow. Do not breathe mist or vapors. Use only with adequate ventilation. Ventilation must be sufficient to limit employee exposure to this product below permissible exposure limits. Wash thoroughly every day after work. Do not eat, drink or smoke in work area. 4. FIRST AID MEASURES INHALATION: Move person to fresh air. If not breathing, give artificial respiration, preferably mouth-to- mouth. If breathing is difficult, give oxygen. Call a physician. Page 1 of 6 J • Tuesday, April 0B, 200* PPG: 0130 Murlatic Acid (10-23 deg. Baume) 08/25/1999 EYE/SKIN CONTACT: In case of contact, immediately flush eyes and skin with plenty of water (soap and water for skin) for at least 15 minutes, while removing contaminated clothing and shoes. Call a physician. Thoroughly clean contaminated clothing and shoes before reuse or discard. INGESTION: If swallowed, give at least 3-4 glasses of water, but do not induce vomiting. Do not give anything by mouth to an unconscious or convulsing person. Get medical attention. NOTES TO PHYSICIAN: Inhalation exposure should be treated symptomatically and supportively. In case of skin contamination, a mild alkaline solution may be used to neutralize acid. In case of eye contamination, irrigate with water or normal saline. Avoid use of topical steroids and/or anesthetics. If ingestion occurs, avoid use of carbonates and bicarbonates as they release carbon dioxide, which may cause gastric tension and rupture. Neutralization of ingested acid may be accomplished by using aluminum hydroxide gel or milk of magnesia. Subsequently, treatment should be symptomatic and supportive. 5. FIRE FIGHTING MEASURES FLASH POINT: None EXTINGUISHING MEDIA: Not applicable. SPECIAL FIREFIGHTING PROCEDURES: Contact with most metals can rapidly generate hydrogen, which is explosive. 6. ACCIDENTAL RELEASE MEASURES ACTION TO BE TAKEN IF MATERIAL IS RELEASED OR SPILLED: Unprotected personnel should move upwind of spill. Only personnel equipped with proper respiratory and eye/skin protection should be permitted in the area. Dike area to contain spill. Dilute spill with large amounts of water then neutralize with dilute caustic or soda ash. Use a vacuum truck to pick up neutralized material for proper disposal. Properly neutralized liquid residues (pH 6 to 9) may be disposed of in waste water treatment facilities which allow the discharge of neutral salt solutions. After all visible traces have been removed, flush area with large amounts of water. 7. HANDLING AND STORAGE PRECAUTIONS TO BE TAKEN DURING HANDLING AND STORAGE: Wear appropriate personal protective equipment. Wear respiratory protection whenever exposure to vapor is likely. Prevent acid from contacting strong alkalies or metals. 8. EXPOSURE CONTROLS/PERSONAL PROTECTION Exposure Limits: 8 -hour Time Weighted Average (TWA); 15 -minute Short -Term Exposure Limit (STEL) Page2of6 1 1 Tuesday, April Of, 2001 PPG: 0130 Murlatic Acid (10-23 deg. Mums) 08/25/1999 OSHA: 5 ppm (7 mg/cu.m.) Ceiling. 29 CFR 1910.1000 RESPIRATORY PROTECTION: Use NIOSH approved combination dust/mist and acid gas cartridge or canister respirator for routine work purposes when air concentrations exceed the permissible exposure limit. The respiratory use limitations made by NIOSH or the manufacturer must be observed. Respiratory protection programs must be in accordance with 29 CFR 1910.134. VENTILATION: Use local exhaust sufficient to maintain dust/mist levels below permissible exposure limits. EYE AND FACE PROTECTION: Close fitting chemical safety goggles with faceshield. PROTECTIVE GLOVES: Nitrite. Neoprene. Natural rubber. Polyvinylchloride (PVC). OTHER PROTECTIVE EQUIPMENT: Boots, aprons, or chemical suits should be used when necessary to prevent skin contact. Personal protective clothing and use of equipment must be in accordance with 29 CFR 1910.132 (general requirements), .133 (eye and face protection), and .138 (hand protection). 9. PHYSICAL AND CHEMICAL PROPERTIES BOILING POINT: Azeotrope 108°C (20.2%) VAPOR DENSITY (AIr=1)• >1 SPECIFIC GRAVITY (Water=1): 1 115/1.142/1.18/1.179/1.189 * pH: Acidic FREEZING/MELTING POINT: -95/-88.3/44.5/23.8/17.5°F SOLUBILITY (wt.% In water): Complete BULK DENSITY: 9 3/9 5/9.7/9.8/9.9 lbs/gal • VOLUME % VOLATILE* 100 VAPOR PRESSURE* 10/14/24/100/150 mm Hg * EVAPORATION RATE: NA HEAT OF SOLUTION* Extremely exothermic PHYSICAL STATE- 1 squid ODOR: Pungent, irritating. COLOR: Clear water white to slightly yellow *15/18/20/22/23 deg. baume' respectively 10. STABILITY AND REACTIVITY STABILITY: Stable HAZARDOUS POLYMERIZATION: Will not occur. Page 3 of 6 J Tuna■y, April O1, 2001 PPG: 0130 Muriatic Acid (10-23 deg. Baume) 06/25/1999 INCOMPATIBILITY (CONDITIONS/MATERIALS TO AVOID): Contact with metals. Strong alkalies. HAZARDOUS THERMAL DECOMPOSITION/COMBUSTION PRODUCTS: Flammable hydrogen gas. 11. TOXICOLOGICAL INFORMATION ACUTE INHALATION LC50: 3124 ppm (rat) (1 hour). Slight to very low toxicity. SKIN IRRITATION: Corrosive. EYE IRRITATION: Corrosive. ACUTE ORAL LD50• 900 mg/kg (rabbit) Moderate toxicity. Corrosive. CHRONIC EFFECTS/CARCINOGENICITY:_This product is NOT listed as a carcinogen or suspected carcinogen by NTP, IARC, or OSHA. MEDICAL CONDITIONS AGGRAVATED: None known. EFFECTS OF OVEREXPOSURE: ACUTE: Inhalation: Muriatic acid mists or hydrogen chloride vapors are severely irritating to the respiratory tract and mucous membranes. Inhalation of sufficiently high concentrations may result in laryngeal spasms and/or edema, and lead to rapidly developing pulmonary edema. Mists may also cause bleeding of the nose and gum, ulceration of the nasal and oral mucosa, and severe skin and eye irritation. Eye/skin: Muriatic acid is corrosive to the eyes and skin. Direct eye contact can resuft in blindness even after a short exposure to small amounts. Ingestion: Ingestion of muriatic acid causes severe bums of the digestive tract because of its corrosive nature and may be fatal. CHRONIC: The effects of long-term, low level exposures to this product have not been determined. Safe handling of this material on a long-term basis should emphasize the avoidance of all effects from repetitive acute exposures. 12. ECOLOGICAL INFORMATION ECOTOXICOLOQICAL INFORMATION: No data at this time. 13. DISPOSAL CONSIDERATIONS DISPOSAL METHOD: Unneutralized or improperly neutralized material should be disposed of in an approved hazardous waste Page 4 of 8 1 4wS.day. .ps11 04, 2008 I • PPG: 0130 Muriatic Acid (10-23 deg, Baume) 08/25/1999 management facility. Care must be taken when using or disposing of chemical materials and/or their containers to prevent environmental contamination. it is your duty to dispose of the chemical materials and/or their containers In accordance with the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, as well as any other relevant Federal, State, or local laws/regulations regarding disposal. RCRA: Waste hydrochloric acid is a RCRA characteristic hazardous waste if it exhibits RCRA corrosivity characteristics. As such, it must be managed, manifested, and disposed as a RCRA D002 hazardous waste. 14. TRANSPORT INFORMATION USA DOT DESCRIPTION: Proper Shipping Name: _Hydrochloric Acid Solution Hazard Class: A (Corrosive) Identification Number UN1789 Packing Group* 11 Reportable Quantity: $000 lbs./2270 kg CANADA TDG DESCRIPTION: Canada adds 9.2 subrisk for concentrations greater than 20% If shipped in a container larger than 3000 liters. 15. REGULATORY INFORMATION USA TSCA: This product is Listed on the TSCA Inventory. EUROPE EINECS: This product is listed on EINECS. CANADA DSL: This product is listed on the Canadian DSL. AUSTRALIA AICS: This product is listed on AICS. KOREA ECL: This product is listed on ECL JAPAN MITI (ENCS): This product is listed on MITI. SARA TITLE III: SARA (311, 312) Hazard Class: Acute Health Hazard. Reactive Hazard. Sudden Release of Pressure. SARA (313) Chemicals: Listed. SARA Section 302: Liquid not listed as an Extremely Hazardous substance, but hydrogen chloride gas is listed. CERCLA HAZARDOUS SUBSTANCE: Listed in Table 302.4 of 40 CFR Part 302 as a hazardous substance with a reportable quantity of 5000 pounds. Releases to air, land or water which exceed the RQ must be reported to the National Response Center, 800-424-8802. CANADA REGULATIONS (WHMIS): Class E - Corrosive Material. Class DIA - Very Toxic Materials. Page 5 of6 Tuesday. 4,212 08, 2008 1 PPO: 0130 Muriatic Acid (10-23 deg. Baume) 08/25/1999 16 . OTHER INFORMATION Other Information: NSF Drinking Water Treatment Chemicals Listing - PPG hydrochloric acid from Beauhamois, Quebec, Canada, is certified for maximum use at 40 mg/I under ANSUNSF Standard 60. In case of emergency in Canada, contact PPG Canada, Inc., B.P.2010, Beauhamois, Quebec J6N 3C3, 450-429-3552, or Canutec 613-998-6866. The following has been revised since the last issue of this MSDS: Date. Edition. Section 14 has been updated. Previous revision date: 12/09/1997 Previous edition number 012 NA = Not Available Page 8 of 6 w ALTIVIA MATERIAL SAFETY DATA SHEET Sodium Hypochlorite Solution 10-15% ALTIVIA 24 Hour Emergency Phone Number: 713-636-3189 Transportation Emergencies CHEMTREC: 800-424-9300 1 SECTION 1: PRODUCT AND COMPANY IDENTIFICATION PRODUCT NAME: CHEMICAL NAME/ FAMILY: TRADE NAMES/ SYNONYMS: PRODUCT USE: MOLECULAR FORMULA: MANUFACTURER: Sodium Hypochlorite Solution 10-15% Sodium Hypochlorite Bleach; hypochlorous acid, sodium salt; soda bleach; sodium oxychloride Bleaching agent, chemical intermediate, disinfectant. NaOCI ALTIVIA, 1100 Louisiana, Suite 3160, Houston, TX 77002 1 SECTION 2: COMPOSITION/ INFORMATION ON INGREDIENTS CHEMICAL NAME Sodium Hypochlorite Sodium Hydroxide Water CAS NUMBER 7681-52-9 1310-73-2 7732-18-5 % RANGE 9.5 —16.5 0-1% Balance • Denotes chemical subject to reporting requirements of Section 313 of Title Of of the 1986 Supertund Amendments and Reauthorization Act (SARA) and 40 CFR Part 372. SECTION 3: HAZARDS IDENTIFICATION EMERGENCY OVERVIEW Danger! Corrosive. May cause skin and eye irritation or chemical burns to broken skin. Causes eye damage. Harmful if swallowed. Strong oxidizer. Does not burn. Decomposes when heated, during a fire or upon contact with acids releasing corrosive chlorine gas. During a fire corrosive hydrogen chloride gas may be generated. POTENTIAL HEALTH EFFECTS EYE Liquid or mist contact can produce severe eye irritation and burns. Prolonged exposures may cause eye damage and blindness. SKIN Can cause irritation and burns. Liquid contact can cause blistering and eczema. Prolonged exposure may cause dermatitis. Prepared: 12/28/2005 1/8 Control Number: A 2002 'IV/A MATERIAL SAFETY DATA SHEET - Sodium Hypochlorite 10-15% INGESTION Oral or gastrointestinal irritation. Corrosion of mucous membranes, perforation of esophagus and stomach may folbw. INHALATION Irritation of the respiratory system. Mist or fumes may cause bronchial irritation, coughing, difficult breathing, nausea and pulmonary edema. SIGNS AND SYMPTOMS OF EXPOSURE Irritation or burns to the eyes and skin. Inhalation may cause coughing, choking, irritation and pulmonary edema. Sodium hypochlorite solutions are corrosive following ingestion and may cause irritation, bums and vomiting. MEDICAL CONDITIONS AGGRAVATED BY EXPOSURE None known. EFFECTS FOLLOWING REPEATED EXPOSURE Prolonged contact with sodium hypochlorite may cause dermatitis, permanent eye damage including blindness. SECTION 4: FIRST AID MEASURES EYES Hold eye open and rinse slowly and gently for 15-20 minutes. Remove contact lenses, if present, after the first 5 minutes, then continue rinsing eye. Get medical attention for irritation or any other symptom. SKIN Take off contaminated clothing and shoes. Rinse skin immediately with plenty of water for 15-20 minutes. Get medical attention for irritation or burns. Wash clothing and thoroughly clean shoes before reuse. INGESTION Get immediate medical attention. Have person drink a glass of water immediately if able to swallow. PA.= induce vomiting unless directed to do so by medical personnel. Do not give anything by mouth to an unconscious person. INHALATION Remove person from exposure to fresh air. if person is not breathing, call 911 or an ambulance, and then give artificial respiration (CPR). If individual is breathing, but with difficulty, get immediate medical attention. NOTES TO PHYSICIAN The absence of visible signs or symptoms of bums does not reliably exclude the presence of actual tissue damage. See Section 11 for Toxicological Information. SECTION 5: FIRE FIGHTING MEASURES FLAMMABLE PROPERTIES FLASH POINT Not combustible (does not burn) FLAMMABLE LIMITS IN AIR (% BY VOLUME) Not Established EXTINGUISHING MEDIA Water, water mist, foam, carbon dioxide, dry powder. Prepared: 12/28/2005 2/8 AUTO IGNITION TEMPERATURE Not Established Control Number: A 2002 AMATERIAL SAFETY DATA SHEET — Sodium10-15% .nLTIVIA Hypochlorite 1015/a HAZARDOUS COMBUSTION PRODUCTS Thermal decomposition may release toxic gases such as chlorine and hydrogen chloride gas. FIRE FIGHTING INSTRUCTIONS Use extinguishing agents suitable for the surrounding fire and not contraindicated for use with sodium hypochlorite. Sodium Hypochlorite releases oxygen when heated, which may increase the severity of an existing fire. Use water spray to cool fire exposed surfaces and to protect personnel. Avoid inhalation of material or combustion by- products. Firefighters should wear full protective clothing and NIOSH approved positive pressure self-contained breathing apparatus. SECTION 6: ACCIDENTAL RELEASE MEASURES WATER SPILL Prevent additional discharge of material, if possible to do so without hazard. LAND SPILL Prevent additional discharge of material, if possible to do so without hazard. For small spills implement cleanup procedures; for large spills implement cleanup procedures and, if in public area, advise authorities. GENERAL PROCEDURES No smoking in spill areas. Isolate spill area and deny entry to unnecessary or unprotected personnel. Remove all sources of ignition, such as flames, hot glowing surfaces or electric arcs. Stop source of spill as soon as possible and notify appropriate personnel. Cleanup personnel must wear proper protective equipment (refer to Section 8). Decontaminate all clothing. Notify all downstream water users of possible contamination. Create a dike or trench to contain all liquid material. Liquid material may be removed with a vacuum truck. Spill materials may also be absorbed using clay, soil or nonflammable commercial absorbents. Do not place spill materials back in their original container. Containerize and label all spill materials properly. RELEASE NOTES Notify the National Response Center (800/424/8802) of uncontained releases to the environment in excess of the Reportable Quantity (RQ). See Section 15, Regulatory Information. Recycle or dispose of recovered material In accordance with all federal, state, and local, regulations. For all transportation accidents, calf CHEMTREC at 800/424.9300. 1 SECTION 7: HANDLING AND STORAGE HANDLING Do not get in eyes, or on skin, or clothing. Do not taste or swallow. Avoid breathing mists or fumes. Do not handle with bare hands. Carefully monitor handling, use and storage to avoid spills and leaks. Follow protective controls set forth in Section 8 when handling this product. Do not eat, drink, or smoke in work area. Wash hands prior to eating, drinking, or using restroom. STORAGE STORAGE CONDITIONS Store in closed, properly labeled tanks or containers. Keep away from heat, direct sunlight and sources of ignition. Do not remove or deface labels or tags. Store in a cool, well ventilated place away from incompatible materials. Do Prepared: 12/28/2005 3/8 Control Number: A 2002 AMATERIAL SAFETY DATA SHEET — o AL TIVIA Sodium Hypochlorite 10-15 /o not pressurize, cut, heat, or weld containers. Do not drop, roll or skid drums. Keep drums upright. Do not reuse empty containers without commercial cleaning or reconditioning. STORAGE TEMPERATURE Do not store above 35°C (95°F). INCOMPATIBLE MATERIALS FOR STORAGE OR TRANSPORT Acids, ammonia compounds, oxidizing materials, peroxides, reducing agents and most metals. SECTION 8: EXPOSURE CONTROLS PERSONAL PROTECTION ENGINEERING CONTROLS VENTILATION Use closed systems when possible. Local exhaust ventilation is recommended If vapors, mists or aerosols are generated. PERSONAL PROTECTIVE EQUIPMENT (PPE) EYE AND FACE PROTECTION Wear chemical goggles. A face shield should be worn in addition to goggles where splashing or spraying is possible. SKIN PROTECTION Wear chemical resistant clothing. Neoprene gloves, boots and apron or slicker suit. RESPIRATORY PROTECTION A NIOSH approved respirator with N95 (dust, fume, mist) filters may be permissible under certain circumstances where airborne concentrations are expected to exceeded exposure limits, or when symptoms have been observed that are indicative of overexposure. When decomposition products exist, acid gas cartridges are also required. A half face piece air -purifying respiratory may be used in concentrations up to 10X the acceptable exposure level and a full face piece air -purifying respirator may be used in concentrations up to 50X the acceptable exposure level. Supplied alr should be used when the level is expected to be above 50X the acceptable level, or when there is a potential for uncontrolled release. A respiratory protection program that meets 29 CFR 1910.134 must be followed whenever workplace conditions warrant use of a respirator. GENERAL Safety shower and eye wash station must be provided In the Immediate work area. Protective equipment and clothing should be selected, used, and maintained according to applicable standards and regulations. For further information, contact the clothing or equipment manufacturer. EXPOSURE GUIDELINES Component Data: Sodium Hypochlorite AIHA (STEL 15 minutes) - 2mg/m3 Component Data: Sodium Hydroxide OSHA (TWA) - 2mg/m3 Sodium Hydroxide ACGIH Ceiling - 2mg/m3 Prepared: 12/28/2005. 4/8 Control Number: A 2002 LLT IVI. MATERIAL SAFETY DATA SHEET — Sodium Hypochlorite 10-15% I SECTION 9: PHYSICAL AND CHEMICAL PROPERTIES CHEMICAL FORMULA MOLECULAR WEIGHT APPEARANCE ODOR pH @ 25°C VAPOR PRESSURE VOLATILES, % BY VOLUME BOILING POINT FREEZING POINT SOLUBILITY IN WATER EVAPORATION RATE SPECIFIC GRAVITY DENSITY VISCOSITY NaOCI 74.4 Clear colorless to pale yellow liquid Characteristic bleach odor 11.5-13.5 Not Established Not Established 110°C (230°F) <-12°C (10°F) Complete Not Established 1.13-1.27 @ 21°C (70°F) 9.42-10.58 @ 21°C (70°F) Not Established SECTION 10: STABILITY AND REACTIVITY CHEMICAL STABILITY Stable under normal use conditions. May decompose upon heating and exposure to sunlight. CONDITIONS TO AVOID Avoid heat, flames, sparks and other sources of ignition. Avoid direct sunlight, acidic conditions, the presence of metals and other Impurities. INCOMPATIBILITY WITH OTHER MATERIALS Acids, ammonia compounds, oxidizing materials, peroxides, reducing agents and most metals. HAZARDOUS DECOMPOSITION PRODUCTS Thermal decomposition may release toxic gases such as chlorine and hydrogen chloride gas. HAZARDOUS POLYMERIZATION Will not occur. I SECTION 11: TOXICOLOGICAL INFORMATION ANIMAL TOXICOLOGY The toxicity and corrosivity of this material is a function of concentration and pH. This material is irritating and may be corrosive to all tissue. EYES Very dilute solutions have caused no irritation. More concentrated solutions have caused corrosive injury, which did not heal within 21 days. SKIN LD50 (Dermal, Rabbit): > 10,000 mg/m3 (undiluted) ACUTE ORAL EFFECTS LC50 (Oral, Female Mouse): - 7,540 mg/kg; cited as 5.8 ml/kg (50% solution) Prepared: 12/28/2005 5/8 Control Number: A 2002 MATERIAL SAFETY DATA SHEET — Sodium Hypochlorite 10-15% LC50 (Oral, Rat): 8,910 mg/kg (undiluted) ACUTE INHALATION EFFECTS No available data. EFFECTS FOLLOWING PROLONGED OR REPEATED EXPOSURE Dermatitis. CARCINOGENICITY This product (or any component at a concentration of 0.1% or greater) is not listed by NTP, IARC, OSHA EPA, or any other authority as a carcinogen. MUTAGENICITY No available data. REPRODUCTIVE/DEVELOPMENTAL TOXICITY No available data. 1 SECTION 12: ECOLOGICAL INFORMATION GENERAL COMMENT This material is believed to be a moderate order of toxicity based on analogous material. ENVIROMENTAL FATE This material is inorganic and not subject to biodegradation. This material is believed not to persist in the environment. This material may be harmful to aquatic organisms in low concentrations. 1 SECTION 13: DISPOSAL CONSIDERATIONS SPILL RESIDUES Processing, use or contamination of this product may change the waste management options. All disposals of this material must be done in accordance with Federal, state and local regulations. Waste characterization and compliance with disposal regulations are the responsibilities of the waste generator. If this product becomes a waste i1 may be subject to disposal regulations: U.S. EPA 40 CFR 262. Hazardous Waste Number(s): D002. 1 SECTION 14: TRANSPORT INFORMATION THIS MATERIAL IS A HAZARDOUS AS DEFINED BY 49 CFR 172.01 BY THE U.S DEPARTMENT OF TRANSPORTATION. DOT IDENTIFICATION NO.: UN 1791 DOT SHIPPING DESCRIPTION (49 CFR 172.101): Hypochlorite solutions, Corrosive, 8 PACKAGING GROUP: III PLACARD REQUIRED: Corrosive 8, UN 1791 LABEL REQUIRED: Corrosive 8. Label as required by EPA and by OSHA Hazard Communication Standard, and any applicable state and local regulations. EMERGENCY RESPONSE GUIDE NUMBER: 154 Prepared: 12/28/2005 6/8 Control Number: A 2002 MATERIAL SAFETY DATA SHEET — Sodium Hypochlorite 10-15% SECTION 15: REGULATORY INFORMATION U S FEDERAL REGULATIONS CERCLA REPORTABLE QUANTITY (RQ) Ingredient CAS NO. RQ Sodium Hypochlorite 7681-52-9 100 lbs Sodium Hydroxide 1310-73-2 1000 lbs TSCA (TOXIC SUBSTANCES CONTROL ACT) All components of this product are listed on the TSCA Inventory or are exempt from TSCA Inventory requirements. SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT (SARA) TITLE III SARA SECTION 302 (EXTREMELY HAZARDOUS SUBSTANCES (40 CFR 302.4): Not Applicable SARA SECTION 311/312 HAZARD CATEGORIES (40 CFR 370.2): Fire Hazard Yes Reactivity Hazard No Release of Pressure No Acute Health Hazard Yes Chronic Health Hazard No SARA SECTION 313 (40 CFR 372.65): Components identified with an asterisk (•) in Section 2 are subject to the reporting requirements of Section 313 of Title III of the 1986 Superfund Amendments and Reauthorization Act (SARA) and 40 CFR Part 372. OSHA PROCESS SAFETY (29 CFR 1910.119): Not regulated. OTHER U.S. REGUALATIONS Federal insecticide, Fugicide and Rodenticide Act (FIFRA): Registered pesticide (40 CFR 152.10) INTERNATIONAL REGULATIONS CANADA CANADIAN ENVIRONMENTAL PROTECTION ACT (CEPA) DSL/ NDSL: This product, or its components, are listed on or are exempt from the Canadian Domestic Substance List (DSL). NFPA RATINGS FLAMMABILITY 0 INSTABILITY 1 RATING NOTES Hazardous Materials identification: 4 = Severe, 3 = Serious, 2 = Moderate, 1 = Sitght, 0 = Minimal. Prepared: 12/28/2005 7/8 Control Number: A 2002 Al TI VIA MATERIAL SAFETY DATA SHEET — Sodium Hypochlorite 10-15% Emeroencv infornlati&n; For An ther Information Contact Call toll free 24 hours a day: 713-636-3189 ALTIVIA, Technical Marketing, 1100 Louisiana, Suite 3160, Houston, TX 77002. Phone: 713-658.9000 8 AM — 5 PM CST Monda thro , h Frida Revisions 12/28/2005: Revised to conform to ANSI Standard Z400.1-1998, replaces MSDS A2002-05/04. Disclaimer of Warranty: The information provided In this Material Safety Data Sheet has been obtained from sources believed to be reliable. ALTIVIA warranties, either expressed or iced and assumes no responsibly for the accuracy or completeness of the data con is information is offered for your information, consideration,provides no your particular use. ALTIVIA knows of no medical ition, other than Trotted on 1 s mld satisfy a eriatlsafetty data sheet, currentdata are generally recognized as being aggravated by exposure to this product. Prepared: 12/28/2005 8/8 Control Number: A 2002 SPECIFICATION NO. 08-885-38-01 REVISED: NOV. 2008 CITY OF ROUND ROCK POOL TREATMENT CHEMICALS, BULK PART 1 GENERAL 1. PURPOSE: The City seeks a multi-year contract for the supply and delivery of bulk water treatment chemicals for maintaining 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. Agreement — A mutually binding legal document obligating the Vendor to fumish the goods, equipment or services, and obligating the City to pay for it. 2.2. Bid/Proposal - is a complete, properly signed response to a Solicitation that if accepted, would bind the Bidder/Proposer to perform the resulting contract. 2.3. Bidder/Proper identified throughout this specification shall describe persons and entities that consider themselves qualified to provide the goods, equipment or services. 2.4. City — Identifies the City of Round Rock, Travis and Williamson Counties, Texas. 2.5. Goods represent materials, supplies, commodities and equipment_ 2.6. Piggyback Contract —A term used to identify contract/agreement or purchase order that has been competitively bid in accordance with State of Texas statutes, rules, policies and procedures and have been extended for the use of state and local agencies and active State of Texas CO-OP entities. 2.7. Purchase Order - is an order placed by the Purchasing Office for the purchase of Goods or Services written on the City's standard Purchase Order form and which, when accepted by the Bidder, becomes a contract. The Purchase Order is the Bidder's authority to deliver and invoice the City for Goods or Services specified, and the City's commitment to accept the Goods or Services for an agreed upon price. 2.8. Services - work performed to meet a demand. The fumishing of labor, time, or effort by the vendor and their ability to comply with promised delivery dates, specification and technical assistance specified 2.9. Subcontractor - Any person or business enterprise providing goods, labor, and/or services to a Vendor if such goods, equipment, labor, and/or services are procured or used in fulfillment of the Vendor's obligations arising from a contract with the City. 2.10. Vendor — (Sometimes referred to as Contractor) A person or business enterprise providing goods, equipment, labor and/or services to the City as fulfillment of obligations arising from an agreement or purchase order. 3. BEST VALUE EVALUATION: All bids received shall be evaluated based on the best value for the City. In determining best value, the City may consider. 3.1. The purchase price; 3.2. Reputation of the bidder and of bidder's goods and services; 3.3. The quality of the bidder's goods or services; 3.4. The extent to which the goods or services meet the City's needs; 3.5. Bidder's past relationship with the City, 3.6. The total long-term cost to the Municipality to acquire the bidder's goods or services; and 3.7. Any relevant criteria specifically listed in the solicitation. Page 1 of 6 4. CONFLICT OF INTEREST: Effective January 1, 2006, Chapter 176 of the Texas Local Govemment Code (House Bill 914) requires that any vendor or person considering doing business with a local govemment entity disclose the vendor or person's affiliation or business relationship that might cause a conflict of interest with a local government entity. The Conflict of Interest Questionnaire form is available from the Texas Ethics Commission at www.ethics.state.bcus. Completed Conflict of Interest Questionnaires may be mailed or delivered by hand to the City Secretary. If mailing a completed form, please mail to: SPECIFICATION NO. 08-885-38-01 REVISED: NOV. 2008 City of Round Rock City Secretary 221 East Main Street Round Rock, Texas 78664 Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest may automatically result in the disqualification of the vendor's proposal. 5. CLARIFICATION: For clarification of specifications, bidders may contact Carolyn Brooks, CPPB Purchaser City of Round Rock Telephone: 512-218-5457 cmb(ground•rock.tx.us 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 Division. PART II SPECIFICATIONS 1. SCOPE: This specification describes water treatment chemicals for treating public pools to indude, but not be limited to, two-day delivery and availability to deliver in quantities and packaging specified. The vendor shall provide all labor, materials and equipment necessary to supply and deliver chemicals to various locations identified within the City. 2. QUALIFICATIONS: The opening of a bid will not be construed as the City's acceptance of such bid as qualified and responsible. The City reserves the right to determine the best value from information submitted with the bid. All bidders shall: 2.1. Be corporation, individuals or firms normally engaged in the sale and distribution or provision of the services as specified herein. 2.2. 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. Provide the name, address, telephone number and point of contract of at feast 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. 2.5. 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. FACILITY: 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. 4. MATERIAL SAFETY DATA SHEET (MSDSLL: 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. Page 2 of 6 SPECIFICATION NO. 08-885-38-01 REVISED: NOV. 2008 5. 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. 6. OXIDIZERS: The following chemicals will be used by the City as an oxidizer in the swimming pool treatment process at the listed facilities. 6.1. 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. 6.1.1. Physical Properties: All liquid chlorine delivered shall: 6.1.1.1. Not exceed 10 PPM lead, 1 PPM mercury, 3 PPM arsenic or 30 PPM of the sum of all heavy metals. 6.1.2. Packaging: Chlorine shall be delivered in bulk, stored in tanks on City sites and priced by the gallon. 6.1.2.1. 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. 6.1.2.2. Delivery: All deliveries shall be coordinated with City representative and made to the designated inside storage facilities. 7. pH AND ALKAUNITY CONTROL: The following chemicals will be used to control the pH and alkalinity in the pool treatment process at the listed facilities. 8. RULES. REGULATIONS. LAWS. ORDINANCES AND LICENSES: Contractor shall observe and obey all laws, ordinances, rules, and regulations of the federal, state and local govemment which may be applicable to the supply of this product or service. 8.1. Occupational License — Contractor shall submit within 10 calendar days after request. 8.2. 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. 7.1. Muriatic Acid: Liquid shall be 36 percent (Hydrogen Chloride, Hydrochloric Acid) to lower pH. 7.1.1. Example: Transchem or City approved equal. 7.1.2. Packaging: 7.1.2.1. Drum- 30 or 15 gallon drums. Each drum shall have marked legibly on it the name of the acid, net weight or volume. 7.1.3. peliverv: and shipping of all acid solutions shall conform to all applicable local, state and federal including US DOT regulations and applicable interstate regulations. 9. 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. 10. DELIVERY: Unless noted on the solicitation, all shipments shall be FOB Destination our dock and received between the hours of 6:OOAM and 12:OOPM, Monday through Thursday, 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 or designee. NOTE: All delivery addresses will be identified on the purchase/blanket orders including, but not limited to the following locations. Page 3 of 6 Delivery Locations: Clay Madsen Recreation Center 1600 Gattis School Road Round Rock, TX 78664 Micki Krebsbach Pool 301 Deepwood Drive Round Rock, TX 78664 SPECIFICATION NO. 08-885-38-01 REVISED: NOV. 2008 Lake Creek Pool 800 Deerfoot Drive Round Rock, TX 78664 Rockin River FAC 3300 East Palm Valley Blvd. Round Rock, TX 78665 11. ACCEPTANCE: Acceptance inspection should not take more than five working days. The vendor will be notified within this time frame if the unit delivered is not in full compliance with the specifications. If any purchase order is canceled for a unit for non-acceptance, the needed equipment may be purchased elsewhere and the vendor may be charged full increase, if any, in cost and handling. 12. INVOICING: Vendor 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 13. 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 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: 13.1. There is a bona fide dispute between the City and Vendor conceming the supplies, materials, services or equipment delivered or the services performed that causes the payment to be late; or 13.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or 13.3. There is a bona fide dispute between the Vendor 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 13.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or agreement or other such contractual agreement. 14. OVERCHARGES: Vendor hereby assigns to purchaser any and all claims for overcharges associated with this agreement which arise under the antitrust laws of the United States, 15 USGA Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Bus. and Com. Code, Section 15.01, et seq. PART III AGREEMENT TERMS AND CONDITIONS 1. AGREEMENT: The term of the Agreement resulting from the solicitation may be for five consecutive 12 month periods of time from the effective date and shall remain in full force and effect unless and until it expires by operation of the term stated or until terminated or extended as provided herein. The City reserves the right to: 1.1. Renew Agreement for two (2) additional periods of time not to exceed twelve (12) months for each renewal provided both parties agree. 1.2. Review the folowing at the end of each twelve-month review period or renewal: 1.2.1. Vendor performance; 1.2.2. Price; 1.2.3. Continuing need; 1.2.4. Advancements in technologies and/or service 1.3. The City Manager may terminate the Agreement with or without cause or may continue through the next twelve-month review or renewal period. Page 4 of 6 SPECIFICATION NO. 08-885-38-01 REVISED: NOV. 2008 2. PRICE: The contract price shall be firm for the duration of the contract or extension periods. No separate line item charges shall be permitted for either bidding or invoice purposes, which shall include equipment rental, demurrage, fuel surcharges, delivery charges, cost associated with obtaining permits or any other extraneous charges. 3. 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 at http://stats.bls.gov/ppi/. Price increases may be permitted in aiwrdance with the Producers Price Index for paper, price per page or additional black and white or color pages. Any price increase to this contract shall be requested by Vendor in writing and shall be accompanied by the appropriate documentation to justify the increase, and shall be received by City at least ninety (90) days prior to the agreement review date. Vendor may offer price decreases, even in excess of the allowable percentage change, at any time during the contract term. The City reserves the sole option to reject any price increase and terminate this contract should the City and the Vendor not agree on any price increase. 4. INTERLOCAL COOPERATIVE CONTRACTING: Other govemmental entities may be extended the opportunity to purchase off of the City of Round Rock's solicitation, with the consent and agreement of the awarded vendor(s) and the City of Round Rock. Such consent and agreement shall be conclusively inferred from lack of exception to this clause in vendor's response. However, all parties indicate their understanding and all parties hereby expressly agree that the City of Round Rock is not an agent of, partner to, or representative of those outside agencies or entities and that the City of Round Rock is not obligated or liable for any action or debts that may arise out of such independently -negotiated "piggyback" procurements. 5. NON -APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues only. It is understood and agreed the City shall have the right to terminate the Agreement at the end of any City fiscal year if the goveming 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. 6. CANCELLATION: The City reserves the right to cancel the Agreement without penalty by providing 30 days prior written notice to the other party. Vendor shall provide the City with 120 days written notice prior to cancellation of the Agreement and shall continue services for a period of time not to exceed 120 days after written notification. Termination under this paragraph shall not relieve the Vendor of any obligation or liability that has occurred prior to cancellation. NOTE: This Agreement is subject to cancellation, without penalty, at any time the City deems the vendor to be non-compliant with contractual obligations. 7. ABANDONMENT OR DEFAULT: A Vendor who abandons or defaults the work on the contract and causes the City to purchase the services elsewhere may be charged the difference in service if any and shall 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. PART IV GENERAL CLAUSES AND CONDITIONS 1. LABOR: The Vendor shall provide all labor and goods necessary to perform the service. The Vendor shall employee all personnel for work in accordance with the requirements set forth by the United States Department of Labor. 2. EXCEPTIONS: Any variation from this specification must be indicated on the bid or on a separate attachment to the bid. The sheet shall be labeled as such. 3. STANDARDIZATION: The City of Round Rock is committed to procuring quality goods and equipment. We encourage manufacturers to adopt the International Organization for Standardization (ISO) 9001-9003, latest revision standards, technically equivalent to the American National Standards Institute/American Society for Quality Control (ANSI/ASQC Q91-93 1987), and obtain certification. Adopting and implementing these standards is considered beneficial to the manufacturer, the City, and the environment. It is the City's position that the total quality management concepts contained within these standards can result in reduced production costs, higher quality products, and more efficient use of energy and natural resources. Manufacturers should note that future revisions to this specification might require ISO certification. 5 of 6 4. ENVIRONMENT: It is the intent of the City to purchase goods and equipment having the least adverse environmental impact, within the constraints of statutory purchasing requirements, departmental needs, availability, and sound economical considerations. Suggested changes and environmental enhancements for possible inclusion in future revisions of this specification are encouraged. DAMAGE: The Vendor shall be responsible for damage to the City's equipment and/or property, the workplace and its contents by its work, negligence in work, its personnel and equipment. The Vendor shall be responsible and liable for the safety, injury and health of its working personnel while its employees are performing service work. 5. WORKPLACE: The City is committed to maintaining an alcohol and drug free workplace. Possession, use, or being under the influence of alcohol or controlled substances by Vendor, Vendor's employees, subcontractor(s) or subcontractor (s') employees while in the performance of the service is prohibited. Violation of this requirement shall constitute grounds for termination of the service. SPECIFICATION NO. 08-885-38-01 REVISED: NOV. 2008 6. 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 agreement, including without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When requested, the Vendor shall furnish the City with satisfactory proof of its compliance. 7. CODES, PERMITS AND LICENSES: The successful bidder shall comply with all National, State and Local standards, codes and ordinances and the terms and conditions of the services of the City of Round Rock, Texas, as well as other authorities that have jurisdiction pertaining to equipment and materials used and their application. None of the terms or provisions of the specification shall be construed as waiving any rules, regulations or requirements of these authorities. The successful bidder shall be responsible for obtaining all necessary permits, certificates and/or licenses to fulfill contractual obligations (City of Round Rock fees and costs will be waived). 8. INDEMNITY: Vendor 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, attomey's fees and any and all other costs or fees incident to the performance of the resulting agreement and arising out of a willful or negligent act or omission of the Vendor, its officers, agents, servants and employees. 9. INSURANCE: The successful Bidder shall meet or exceed ALL insurance requirements set forth by the City as identified in Attachment A to the specifications. Any additional insurance requirements of participating or cooperative parties will be included as subsequent Attachments and shall require mandatory compliance. 10. LIENS: Vendor 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 agreement. At the City's request the Vendor or subcontractors shall provide a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City. 11. GOVERNING LAW: Any resulting agreement shall be govemed by and construed in accordance with the Laws of the State of Texas. 12. VENUE: Both the City and the Vendor agree that venue for any litigation arising from a resulting agreement shall lie in Williamson County. 13. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be considered an employee of the City. The Contractor II 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. 6 of 6 ATTACHMENT A City of Round Rock Insurance Requirements ATTACHMENTA CITY OF ROUND ROCK INSURANCE REQUIREMENTS 1. INSURANCE The V ndor shall nro ire and maintain at its sole of the contractor urcha a order re ulti from a re rse to this bt /Sand e• cafon insthe radurari„n rnst el ' s f i 'tides o arsons or d m nn ion with th Orman f or in e rk s res Ito his bid b he ucce s ul idder its agentsreoresentatives volunteers em e or subc'ontra rs 1.1. Certificates of Insurance and endorsements shall be furnished to the City and approved by the City before work commences. 1.2. The following standard insurance policies shall be required: 1.2.1. General Liability Policy 1.2.2. Automobile Liability Policy 1.2.3. Worker's Compensation Policy 1.3. The following general requirements are applicable to all policies: 1.3.1. Only insurance companies licensed and admitted to do business in the State of Texas shall be accepted. 1.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. 1.3.3. Claims made policies shall not be accepted, except for Professional Liability Insurance. 1.3.4. Upon request, certified copies of all insurance policies shall be furnished to the City 1.3.5. Policies shall include, but not be limited to, the following minimum limits: 1.3.5.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence. 1.3.5.2. Property Damage Insurance with minimum limits of $50,000.00 for each occurrence. 1.3.5.3. Automobile Liability Insurance for all owned, non -owned, and hired vehicles with minimum limits for Bodily Injury of $100,000.00 each person, and $300,000.00 for each occurrence, and Property Damage Minimum limits of $50,000.00 for each occurrence. 1.3.5.4. Statutory Worker's Compensation Insurance and minimum $100,000.00 Employers Liability Insurance. 1.3.6. Coverage shall be maintained for two years minimum after the termination of the Contract. 1.4. The City shall be entitled, upon request, and without expense to receive copies of insurance policies and all endorsements thereto and may make reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Vendor shall exercise reasonable efforts to accomplish such changes in policy coverage and shall pay the cost thereof. AH insurance and bonds shall meet the requirements of the bid specification and the insurance endorsements stated below. 1.5. Vendor agrees that with respect to the required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following provisions: Page 1 of 4 1.5.1. Provide for an additional insurance endorsement clause declaring the Vendor's insurance as primary. 1.5.2. Name the City and its officers, employees, and elected officials as additional insured's, (as the interest of each insured may appear) as to all applicable coverage. 1.5.3. Provide thirty days notice to the City of cancellation, non -renewal, or material changes 1.5.4. Remove all language on the certificate of insurance indicating: 1.5.4.1. That the insurance company or agent/broker shall endeavor to notify the City; and, 1.5.4.2. Failure to do so shall impose no obligation of liability of any kind upon the company, its agents, or representatives. 1.5.5. Provide for notice to the City at the addresses listed below by registered mail: 1.5.6. Vendor agrees to waive subrogation against the City, its officers, employees, and elected officials for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance. 1.5.7. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. 1.5.8. All copies of the Certificate of Insurance shall reference the project name, bid number or purchase order number for which the insurance is being supplied. 1.5.9. Vendor shall notify the City in the event of any change in coverage and shall give such notices not less than thirty days prior notice to the change, which notice shall be accomplished by a replacement Certificate of Insurance. 1.5.10. All notices shall be mailed to the City at the following addresses: Assistant City Manager City Attorney City of Round Rock City of Round Rock 221 East Main 309 East Main Round Rock, TX 786845299 Round Rock, TX 78664 2. WORKERS COMPENSATION INSUReure 2.1. Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage for all persons providing services on building or construction projects for a governmental entity. 2.1.1. Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self -insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC-81, TWCC-82 TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. 2.1.2. Duration of the project - includes the time from the beginning of the work on the project until the CONTRACTOR'S /person's work on the project has been completed and accepted by the OWNER. 2.2. Persons providing services on the project ("subcontractor") in Section 406.096 - includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity, which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. 'Services" does not Page 2 of 4 include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2.3. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the CONTRACTOR providing services on the project, for the duration of the project. 2.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the contract. 2.5. If the coverage period shown on the CONTRACTOR'S current certificate of coverage ends during the duration of the project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. 2.6• The CONTRACTOR shall obtain from each person providing services on a project, and provide to the OWNER: 2.6.1. a certificate of coverage, prior to that person beginning work on the project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2.6.2. no later than seven calendar days after receipt by the CONTRACTOR, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 2.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 2.8. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days after the CONTRACTOR knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. 2.9. The CONTRACTOR shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 2.10. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, to: 2.10.1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all its employees providing services on the project, for the duration of the project; 2.10.2. provide to the CONTRACTOR, prior to that project, a certificate of coverage showing person cobeverage work on the employees of the person providing servces onat a project, is being durationtfor all project; P otect, for the of the 2.10.3. provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 2.10.3.1. obtain from each other person with whom it contracts, and provide to the CONTRACTOR: 2.10.3.1.1. a certificate of coverage, prior to the other person beginning work on the project; and 2.10.3.1.2 a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of average ends during the duration of the project Page 3 of 4 2.10.3.2. retain all required certificates of coverage on file for the duration of the project and for one year thereafter, 2.10.3.3. notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 2.10.3.4. contractually require each person with whom it contracts, to perform as required by paragraphs (A thru G), with the certificates of coverage to be provided to the person for whom they are providing services. 2.10.3.5. By signing the solicitation associated with this specification, or providing, or causing to be provided a certificate of coverage, the Contractor is representing to the Owner that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification • codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 2.10.3.6. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor that entitles the Owner to declare the contract void if the Contractor does not remedy the breach within ten calendar days after receipt of notice of breach from the owner. Page 4 of 4 DATE: March 2, 2009 SUBJECT: City Manager Approval — March 6, 2009 ITEM: Consider executing Pool Treatment Chemicals, Bulk Agreement with Altivia, Corp. Department: Parks & Recreation Department Staff Person: Cath Martel, Athletics/Aquatics Manager Justification: To gain best price on large volume of pool chemicals for the city's four aquatic facilities. Funding: Cost: $29,240.00 Source of funds: General Fund Outside Resources: N/A Background Information: The Round Rock Parks and Recreation Department operates four heavily used aquatic swimming pools. Three of these pools are used year-round. This agreement is for the bulk purchase of liquid chlorine and muriatic acid which would allow us to order chemicals when needed to satisfy operating requirements while receiving the best pricing. Public Comment: N/A UPDATED APRIL 2008