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R-06-10-12-11C2 - 10/12/2006RESOLUTION NO. R -06-10-12-11C2 WHEREAS, the City of Round Rock has duly advertised for bids for the purchase of water treatment chemicals, and WHEREAS, AOC Welding Supply has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of AOC Welding Supply, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Purchase of Water Treatment Chemicals Chlorine (1 ton cylinders) from AOC Welding Supply, a copy of said Agreement being attached hereto as Exhibit "A" and incorporated herein, and The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of October, 2006. A ST; R� CHRISTINE R. MARTINEZ, City Secrtary (iPPDesktopl::ODMAWORLDOXiO:/wdox/RESOLUTUR61012C2. W PD,hmc , Mayor y of R.und Rock, Texas CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF WATER TREATMENT CHEMICALS CHLORINE (TON CYLINDERS) FROM AOC WELDING SUPPLY THE STATE OF TEXAS CITY OF ROUND ROCK COUNTY OF WILLIAMSON KNOW ALL BY THESE PRESENTS: That this Agreement for purchase of chlorine (ton cylinders), referred to herein as the "Agreement," is made and entered into on this the day of the month of 2006, 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 AOC WELDING SUPPLY, whose offices are located at 822 SBC Center Parkway, San Antonio, Texas, referred to herein as the "Vendor." This Agreement supersedes and replaces any previous agreement between the named parties, whether oral or written, and whether or not established by custom and practice. RECITALS: WHEREAS, City desires to purchase chlorine (ton cylinders) from Vendor; and WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods, and City has selected the Bid submitted by Vendor; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties, and obligations; NOW, THEREFORE: WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties mutually agree as follows: 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and Vendor whereby City is obligated to buy specified goods and Vendor is obligated to sell specified goods. The Agreement includes the following: (a) City's Invitation for Bid designated as IFB 06-029, Specification Number 06-885-44 dated April 2006; (b) Vendor's Response to IFB; (c) the 00103786/jkg EXHIBIT 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: (1) This Agreement; (2) Purchaser's Response to IFB; (3) City's Invitation for Bids, exhibits, and attachments. B. City means the City of Round Rock, Williamson and Travis Counties, Texas. C. Effective Date means the date upon which the binding signatures of both parties to this Agreement are affixed. D. Force Majeure means acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind from the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government and the people, civil disturbances, explosions, or other causes not reasonably within the control of the party claiming such inability. E. Goods mean the specified supplies, materials, commodities, or equipment. F. Vendor means AOC WELDING SUPPLY or any of its subsequent 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 initial term of this Agreement is for thirty-six (36) months from the effective date hereof. After that initial 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. 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. 2 3.01 CONTRACT DOCUMENTS AND EXHIBITS City selected Vendor as the integrator of choice to supply the goods as outlined in IFB 06-029, Specification Number 06-885-44 dated April 2006, 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, specifically chlorine (ton cylinders). 5.01 COSTS Unit price of $537.50 per ton. 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 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. 8.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Vendor will be made within thirty (30) days of the day on which City receives the performance, 3 supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for the performance and/or deliverables or services, whichever is later. Vendor may charge a late fee of one percent (1%) for payments not made in accordance with this Prompt Payment Policy; however, this Policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Vendor concerning the supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between any of the parties and subcontractors or between a subcontractor and its suppliers concerning supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or D. Invoices are not mailed to City in strict accordance with instructions, if any, on the purchase order or the Agreement or other such contractual agreement. 9.01 GRATUITIES AND BRIBES City may, by written notice to Vendor, cancel this Agreement without liability to Vendor if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or 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. 10.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Vendor's charges. 11.01 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. 12.01 INSURANCE Vendor shall meet all requirements as stated in the attached Invitation for Bid No. IFB 06-029 and its bid response. 4 13.01 CITY'S REPRESENTATIVE City hereby designates the following representatives authorized to act in its behalf with regard to this Agreement: Eloy Espinosa Public Works -WTP 5494 North IH 35 Round Rock, Texas 78664 512-341-3331 14.01 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. 15.01 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. 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 this Agreement; C. Fails to provide adequate assurance of Assurance" section herein; or D. any of its material obligations under performance under the "Right to Becomes insolvent or seeks relief under the bankruptcy laws of the United States. 16.01 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. 5 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. 17.01 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. 18.01 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. 19.01 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. 20.01 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: 6 1. When delivered personally to the 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: AOC Welding Supply 822 SBC Center Parkway San Antonio, TX 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. 21.01 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. 22.01 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. 23.01 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. 7 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. 24.01 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 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 void. 25.01 MISCELLANEOUS PROVISIONS Standard of Care. Vendor represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. Time is of the Essence. Vendor understands and agrees that time is of the essence and that any failure of Vendor to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Vendor's failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible as defined herein. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original of this document; and all of which, when taken together, shall constitute one and the same instrument. IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates indicated. 8 City of Round Rock, Texas AOC We ; .1 g pp. By: By: Title: Title: Date Signed: Date Signed: V 57cierrGK Attest: By: Christine R. Martinez, City Secretary For City, Approved as to Form: By: Stephan L. Sheets, City Attomey 9 INVITATION FOR BID (IFB) CITY OF ROUND ROCK PURCHASING OFFICE 221 E. Main Street Round Rock, Texas 78664-5299 BIDS ARE DUE TO THE PURCHASING OFFICE AT THE ABOVE ADDRESS BEFORE BID OPENING TIME. INVOICE TO: City of Round Rock Accounts Payable 221 East Main Street Round Rock, Texas 78664-5299 BID F.O.B. DESTINATION UNLESS OTHERWISE SPECIFIED BELOW DESTINATION: City of Round Rock Water Treatment Plant 5494 North IH 35 Round Rock, Texas 78681 -or- 501 North Mays Round Rock, Texas 78664 BIDDING INFORMATION: Water Treatment Chemicals FACSIMILE RESPONSES BID NUMBER 06-029 SHALL NOT BE ACCEPTED OPENING DATE 4/25/2006 at 3:00 P.M. BID LOCATION: 221 E. Main Street, 1st Floor Council Chambers, Round Rock, TX 78664 SHOW BID OPENING DATE d BID NUMBER IN LOWER LEFT HANG CORNER OF SEALED BID ENVELOPE & SHOW RETURN ADDRESS OF BIDDING FIRM. RETURN SIGNED ORIGINAL AND ONE COPY OF BID DE' . L SIGN BELOW d will disqualify bid Date Print ;N;:fiie SEE 1.7 ON BACK FOR INSTRUCTIONS: TAXIDNO.: _147)0 g Occ LEGAL BUSINESS NAME: Aoc ADDRESS: $Z2 SRC CeAN— ADDRESS: CONTACT: TELEPHONE NO.: e 7-(() re BUSINESS ENTITY TYPE: (✓ P Bidder agrees to comply with all conditions set forth below and on the reverse side of this IFB. requirements, which may be more or less than indicated. No guarantee of any minimum or maximum purchase is made or implied. The City will only order the amount needed to satisfy operating Best Bid Evaluation: All bidsreceived shall be evaluated based on the best value for the City, which will be determined by considering all or part of the following criteria: Bid price; Reputation of the bidder and of bidder's goods and services; The quality of the bidder's goods or services; The solicitation. extent to which the goods or services meet the City's needs; Bidders past relationship with the City; any relevant criteria specifically listed in the NOTE: ONE OR MORE AWARDS MAY BE FOR ALL ITEMS LISTED OR IN PART, WHICHEVER IS IN THE BEST INTEREST OF THE CITY. All items listed below are in accordance with Specification No. 06-885-44, dated 3/2006. tyti ITEM # 1 4 CLASS & ITEM I 885-44 CHLORINE (TON CYLINDERS) DESCRIPTION HYDROFLUOSILICIC ACID 23% QTY 110 TONS • EST. ANNUAL USE 11,000 GALLONS EST. ANNUAL USE UNIT PRICE PER TON No Pain PER GALLON EXTENSION EST. ANNUAL -By the signature hereon affixed, the bidder hereby certifies that neither the bidder nor the entity represented by the bidder, or anyone actin for such entity has violated the antitrust laws of this S y, the bid made to any competitor or any other person engaged in such line of business.' • EST. ANNUAL tate, codified in Section 15.01 et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated direct ly or indirect) EXHIBIT 8 ItAn ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID ANY EXCEPTIONS THERETO MUST BE IN WRITING 1. BIDDING REQUIREMENTS: 1.1 Bidding requires pricing per unit shown and extensions. If trade discount is shown on bid, it should be deducted and net line extensions shown. Bidders guarantees product offered will meet or exceed specifications identified in this Invitation For Bid (IFB). 1.2 Bids should be submitted on this form. Each bid shall be placed in a separate envelope completely and properly identified. See instructions on reverse side. Bids must be in the office of the City Purchasing Agent before the hour and date specified on the reverse side of this IFB. 1.3 Late bids properly identified will be returned to bidder unopened. Late bids will not be considered. 1.4 Bid F.O.B. destination, freight, prepaid, & allowed unless otherwise specified on the IFB. If otherwise, show exact cost to deliver. 1.5 Bid unit once on quantity and unit of measure specified, extend and show total. In case of errors in extension, unit prices shall govern. Bids subject to unlimited price increase will not be considered. 1.6 Bid prices shall be firm for acceptance 30 days from bid opening date. "Discount from List" bids are not acceptance unless requested. Cash discount will not be considered in determining the low bid. All cash discounts offered will be taken if eamed. 1.7 Bids shall give Tax Identification Number, full name and address of bidder. Failure to sign will disqualify bid. Person signing bid shall show tittle and authority to bind signatories firm in a contrail. Firm name should appear on each page in the block provided in the upper right corner. Business Entity shall be one (1) of the following: Individual, Partnership, Sole Proprietorship, Estate/Trust, Corporation, Govemmental. Non-profit, all others shall be specified. INDIVIDUAL: List name and number as shown on Social Security Card. SOLE PROPRIETORSHIP; List legal name followed by legal business name and Social Security Number. ALL OTHERS; List legal name of entity and Tax Identification Number (Tin). 1.8 Bid cannot be altered or amended after opening time. Any Alterations made before opening time shall be initialed by bidder or an authorized agent. No bid can be withdrawn after opening time without approval of the CITY based on a written acceptable reason. 1.9 The City is exempt from State Sales Tax and Federal Excise Tax. Do not include tax in bid. 1.10 The City reserves the right to accept or reject all or any part of bid, waive minor technicalities and award the bid to best serve the interests of the City, Split awards may be made at the sole discretion of the City. 1.11 Consistent and continued tie bids could cause rejection of bids by the City and/or investigation for antitrust violations. 1.12 Telephone bids and facsimile bids are not acceptable in response to the IFB. 1.13 CAUTION: Bid invitation allows sufficient time for receipt of the preferred mail response. The City shall not be responsible for bids received late, illegible, incomplete, or otherwise non-responsive 2. SPECIFICATION: 2.1 Any catalog, brand name or manufacturer's reference used in IFB is descriptive only (not restrictive), and is used to indicate type and quality desired. Bids on brands of like nature and quality will be considered unless advertised under the provisions of Section 252.022 of the Texas Local Govemment Code. If other than brand(s) specified is offered, illustrations and complete descriptions of product offered are requested to be made a part of the bid. If bidder takes no exceptions to specifications or reference data in bid, bidder will be required to fumish brand names, numbers, etc, as specified in the IFB. 2.2 All items bid shall be new, in first Bass condition, including containers suitable for shipment and storage, unless otherwise indicated in IFB. Verbal agreements to the contrary will not be recognized. 2.3 Samples, when requested, must be furnished free of expense to the City. If not destroyed in examination, they will be retumed to the bidder, on request, at bidder expense. Each example should be marked with bidders' name and address, City bid number and code. Do not enclose in or attach to bid. 2.4 The City will not be bound by any oral statement or representation contrary to the written specifications of this IFB. 2.5 Manufacturer's standard warranty shall apply unless otherwise stated in the IFB. 3. TIE BIDS: In case of tie bids, the award will be made in accordance with Section 271.901 of the Texas Local Government Code. 4. DELIVERY: 4.1 Bid should show number of days required to place material in City's designated location under normal conditions. Failure to state deliver time obligates bidder to complete delivery in fourteen (14) calendar days. Unrealistically short or long delivery promises may cause bid to be disregarded. Consistent failure to meet delivery promises without valid reason may cause removal from bid list. (See 4.2 following.) 4.2 If delay is foreseen, contractor shall give written notice to the City. The City has the right to extend delivery date if reasons appear valid. Contractor must keep the City advised at all times of status of order. Default in promised delivery (without acceptable reasons) or failure to meet specifications, authorizes the City to purchase supplies elsewhere and charge full increase, if any, in cost and handling to defaulting contractor. 4.3 No substitutions or cancellations permitted without written approval of the City. 4.4 Delivery shall be made during normal working hours only, unless prior approval for late delivery has been obtained from the City, unless otherwise specified in the IFB. 5 INSPECTION AND TESTS: All goods will be subject to inspection and test by the City to the extent practicable at all times and places. Authorized City personnel shall have access to any supplier's place of business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with the bid or on samples taken from regular shipments. If the products tested fail to meet or exceed all conditions and requirements of the specifications, the cost of the sample used and the cost of the testing shall be bome by the supplier. Goods, which have been delivered and rejected in whole or in part, may, at the City's option, be retumed to the Vendor or held for disposition at Vendor's risk and expense. Latent defects may result in revocation of acceptance. 6. AWARD OF CONTRACT: A response to an IFB is an offer to contract with the City based upon the terms, conditions, and specifications contained in the IFB Bids do not become contracts unless and until they are accepted by the City through its designates and a purchase order is issued. The contract shall be govemed, construed, and interpreted under the Charter of the City and the laws of State of Texas. M contracts are subject to the approval of the City Council. 7. PAYMENT: Vendor shall submit three (3) copies of an invoice showing the purchase order number on all copies. 8. PATENTS AND COPYRIGHTS: The contractor agrees to protect the City from claims involving infringements of patents or copyrights. 9. VENDOR ASSIGNMENTS: Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract, which arise under the antitrust laws of the State of Texas. Tx, Bus. And Comm. Code Ann. Sec. 15.01, et seq. (1967). 10 BIDDER AFFIRMATION 10.1 Signing this bid with a false statement is a material breach of contract and shall void the submitted bid or any resulting contracts, and the bidder shall be removed from all bid lists. By signature hereon affixed, the bidder hereby certifies that: 10.2 The bidder has not given, offered to give, nor intends to give any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, tip, favor, or service to a public servant in connection with the submitted bid. 10.3 The bidder is not currently delinquent in the payment of any debt owed the City. 10.4 Neither the bidder nor the firm, corporation, partnership, or any entity represented by the bidder, or anyone acting for such firm, corporation, or entity has violated the the bid antitrust laws of this State codified in Section 15.01 et. Seq. Texas Business and Commercial Code, or the Federal Antitrust Laws, nor communicated directly or indirectly 10.5 The bidderdhasonot recei ed�tcompensation for participaor, or any other person tion in thehe preed in such paration of the s pacification for this IFB. 11 terms and NOTE TO BIDDERS: Any terms and conditions attached to bid will not be considered unless the bidder specifically references them on the front of this bid forth. WARNING: Such laws City of Round Rock can only acceptdisqualification which contain alit the terms and conditions sf ofitstfor malother IFB; in particular, ralt bidders affirmations and certifications Submission of bids on forms other than City bid form may result in disqualification of your bidents for p P Ymtent. Limitations on remedies, etc.) The must be included. 12. INQUIRIES Inquiries pertaining to bid invitations must give bid number, codes, and opening date. REFERENCE SHEET Please Complete and Return This Form with the Solicitation Response SOLICITATION NUM ER: 06-029 I B WATER T EATMENT CHEMICALS BIDDER'S NAME: / � ()C (" C i 00 D ATE: 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 E -Mail Address Present Address City, State, Zip Code Telephone Number 2. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number 3. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number 4. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number lAp- C% 7 ry yr .j,' /J d FF i Ce_r N/R- f),0.Q�0I �fgU5- SRN A�ON;p11 r x 71.210 5 (,z/o) (SJ—Szf`�Li Fax Number (a)0 )toy/-5`�q7 IBJew / L f s a �rf►� g. Et Z. ee Cacsikrk- E Lee °@ NRU TE>01-S. Lo�� -Pi- 3/Od 89 -7 eis %yc 7g/ 3 / (g30 ) 3810 Fax Number (g3C) &sog_ g8 % k 0 al C_,Ive4A.icidi N1�Ke c ckN OWN�r2� Nla (Jt) (,S`]-7aga, Fax Number (c2yp) (oS7-7903 ( Fax Number ( FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSERATION FROM AWARD. 3. CLARIFICATION: For clarification of specifications, bidders may contact: Randy Barker Purchasing Supervisor City of Round Rock Telephone: 512-218-3295 SPECIFICATION NO. 06-885-44 DATE: APRIL 2006 CITY OF ROUND ROCK WATER SUPPLY TREATMENT CHEMICALS 1. PURPOSE: The City seeks to contract with a qualified bidder to supply and deliver various water treatment chemicals for treating potable water supply located at the City owned facilities identified on the Invitation For Bid (IFB). 2. DEFINITIONS: The following definitions will be used for identified terms throughout the specification and bid document: 2.1. Bidder identified throughout this specification shall describe persons and entities that consider themselves qualified to provide the goods, equipment or services. 2.2. City — Identifies the City of Round Rock, Williamson and Travis Counties, Texas. 2.3. Contract — A mutually binding legal document obligating the Contractor to furnish the goods, equipment or services, and obligating the City to pay for it. 2.4. Contractor — A person or business enterprise providing goods, equipment, labor and/or services to the City as fulfillment of obligations arising from a contract or purchase order. 2.5. Goods represent materials, supplies, commodities and equipment. 2.6. 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 against an existing agreement and invoice the City for Goods or Services specified. 2.7. Sub -Contractor - Any person or business enterprise providing goods, equipment, labor, and/or services to a Contractor if such goods, equipment, labor, and/or services are procured or used in fulfillment of the Contractor's obligations arising from a contract with the City. 3.1. 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. 4. CONFLICT OF INTEREST: 4.1 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 govemment entity. The Conflict of Interest Questionnaire form is available from the Texas Ethics Commission at www.ethics.state.bc.us. Completed Conflict of Interest Questionnaires may be mailed or delivered by hand to the City Secretary. If mailing a completed form, please mail to: City of Round Rock Christine Martinez, City Secretary 221 East Main Street Round Rock, Texas 78664 Page 1 of 10 SPECIFICATION NO. 06-885-44 DATE: APRIL 2006 PART I GENERAL CLAUSES AND CONDITIONS 1. GOODS: The City seeks to contract with a qualified bidder to supply and deliver various water treatment chemicals for treating potable water supply located at the City owned facilities identified on the Invitation For Bid (IFB). 2. LABOR: The Contractor shall provide all labor and goods necessary to perform the project. The Contractor shall employee all personnel for work in accordance with the requirements set forth by the United States Department of Labor. 3. 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. 4. ENVIRONMENT: 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 Contractor, Contractor's employees, sub-contractor(s) or sub -contractor (s') employees while in the performance of the services is prohibited. Violation of this requirement shall constitute grounds for termination of any purchase order or agreement resulting from this bid. 5. DAMAGE: The Contractor 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 Contractor shall be responsible and liable for the safety; injury and health of its working personnel while its employees are performing service work. 6. WORKPLACE: The City reserves the right to inspect the facilities and organization before recommending any award; or to take any other action necessary to determine a prospective vendor's ability to perform. The city may reject bids where evidence submitted or investigation and evaluation indicates an inability of the bidder to perform. 7. BEST BID EVALUATION: All bids received shall be evaluated based on the best value for the City. Best value shall be determined by considering all or part of the criteria listed, as well as any relevant criteria specifically listed in the solicitation. 7.1. Bid price 7.2. Reputation of the bidder and of bidder's goods and services. 7.3. The quality of the bidder's goods or services. 7.4. The extent to which the goods or services meet the City's needs 7.5. Bidder's past relationship with the City. All vendors shall be evaluated on their past performance and prior dealings with the City to include, but not limited to, failure to meet specifications, poor quality, poor workmanship and/or, late delivery. 8. EX PARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of a bid, the City of Round Rock prohibits ex parte communication (e.g., unsolicited) initiated by the Bidder to the City Official or Employee evaluating or considering the bids prior to the time a bid decision has been made. The appropriate City Official or Employee will initiate communication between Bidder and the City in order to obtain information or clarification needed to develop a proper and accurate evaluation of the bid. Ex parte communication may be grounds for disqualifying the offending Bidder from consideration or award of the bid then in evaluation, or any future bid. 9. AGREEMENT: The term of the Agreement, resulting from this Invitation for Bid, shall be for three (3) twelve-month periods of time from the date of award. Prices shall be firm for the duration of the Agreement, except as provided for herein. This agreement may be renewed for two (2) additional periods of time not to exceed twelve months for each renewal. 10. VENDOR PERFORMANCE: The City reserves the right to review the Vendor's performance at the end of each twelve month contract period and to cancel all or part of the Agreement (without penalty) or continue the contract through the next period. Page 2 of 10 SPECIFICATION NO. 06-885-44 DATE: APRIL 2006 11. 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. 12. PRICE ADJUSTMENT: The City may permit "unit price" adjustments upward, only as a result of 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 the Vendor in writing and accompanied with the appropriate documentation to justify the increase. Upon the City approval, the price increase shall become effective 30 days from the date of the acceptance letter from the City. 12.1. The vendor shall provide to the City any price reduction announced during the initial contract or any extension period. The price reduction should be in writing and shall become effective 30 days from the date the notice was received by the City. 12.2. The Vendor may offer price decreases in excess of the announced reduction and at any time during the contract or extension periods. 13. 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 governing body of the City does not appropriate funds sufficient to purchase the estimated yearly quantities, as determined by the City's budget for the fiscal year in question. The City may effect such termination by giving Contractor a written notice of termination at the end of its then current fiscal year. 14. CANCELLATION: The City reserves the right to cancel the Agreement without penalty by providing 30 days prior written notice to the other party. Contractor 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 Contractor 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. 15. ABANDOMENT OR DEFAULT: A Contractor 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. 16. 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 statues and regulations, and licensing laws and regulations. When requested, the Contractor shall furnish the City with satisfactory proof of its compliance. 17. CODES, PERMITS AND LICENSES: The successful bidder shall comply with all National, State and Local standards, codes and ordinances, 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). 18. INDEMNITY: Contractor -shall indemnify, save harmless and defend the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees and any and all other costs or fees incident to the performance of the resulting Agreement and arising out of a willful or negligent act or omission of the Contractor, its officers, agents, servants and employees. 19. INSURANCE: The Contractor shall procure and maintain at its sole cost and expense for the duration of the contract or purchase order resulting from a response to this bid/specification, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work as a result of this bid by the successful bidder, its agents, representatives, volunteers, employees or sub- contractors. Page 3 of 10 SPECIFICATION NO. 06-885-44 DATE: APRIL 2006 19.1. Certificates of Insurance and endorsements shall be furnished to the City and approved by the City before work commences. 19.2. The following standard insurance policies shall be required: 19.2.1. General Liability Policy 19.2.2. Automobile Liability Policy 19.2.3. Worker's Compensation Policy 19.3. The following general requirements are applicable to all policies: 19.3.1. Only insurance companies licensed and admitted to do business in the State of Texas shall be accepted. 19.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. 19.3.3. Claims made policies shall not be accepted, except for Professional Liability Insurance. 19.3.4. Upon request, certified copies of all insurance policies shall be furnished to the City 19.3.5. Policies shall include, but not limited to, the following minimum limits: 19.3.6. Minimum Bodily Injury Limits of $300,000.00 per occurrence. 19.3.7. Property Damage Insurance with minimum limits of $50,000.00 for each occurrence. 19.3.8. 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. 19.3.9. Statutory Worker's Compensation Insurance and minimum $100,000.00 Employers Liability Insurance. 19.3.10. Coverage shall be maintained for two years minimum after the termination of the Contract. 19.4. 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 Contractor shall exercise reasonable efforts to accomplish such changes in policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the requirements of the bid specification and the insurance endorsements stated below. 19.5. Contractor 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 19.5.1. Provide for an additional insurance endorsement clause declaring the Contractor's insurance as primary. 19.5.2. Name the City and its officers, employees, and elected officials as additional insured, (as the interest of each insured may appear) as to all applicable coverage. 19.5.3. Provide thirty days notice to the City of cancellation, non -renewal, or material changes 19.5.4. Remove all language on the certificate of insurance indicating: 19.5.4.1. That the insurance company or agent/broker shall endeavor to notify the City; and, 19.5.4.2. Failure to do so shall impose no obligation of liability of any kind upon the company, its agents, or representatives. 19.5.5. Provide for notice to the City at the addresses listed below by registered mail: 19.5.6. Contractor 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 it may be covered by the proceeds of insurance. Page 4 of 10 SPECIFICATION NO. 06-885-44 DATE: APRIL 2006 19.5.7. 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. 19.5.8. 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. 19.5.9. Contractor 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. 19.5.10. All notices shall be mailed to the City at the following addresses: Assistant City Manager City of Round Rock 221 East Main Street Round Rock, TX 78664-5299 City Attorney City of Round Rock 309 East Main Street Round Rock, TX 78664 19.6. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in these requirements. Neither shall bankruptcy, insolvency, or denial of liability by the insurance company relieve the Contractor from liability. 19.7. If the Contractor employs, contracts with or otherwise permits any other individual or entity to perform any of the obligations of the Contractor, then any and all of these individual or entities shall be bound by the same insurance requirements as the successful bidder. 20. WORKERS COMPENSATION INSURANCE: The following insurance requirements applies to contracts for services that are performed at City Facilities or at sites designated by the City and for supplies that are delivered to City facilities by the Contractor personnel) Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage for all persons providing services on building or construction projects for a govemmental entity 20.1. 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. 20.2. Duration of the proiect - 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. 20.3. Persons providing services on the proiect ("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 fumishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 20.4. 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. 20.5. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the contract. 20.6. 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. 20.7. The CONTRACTOR shall obtain from each person providing services on a project, and provide to the OWNER: Page 5 of 10 21. LIENS: Contractor agrees to and shall indemnify and save harmless the City against any and all liens and encumbrances for all labor, goods and services which may be provided under the resulting Agreement. At the City's request the Contractor or subcontractors shall provide a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City. SPECIFICATION NO. 06-885-44 DATE: APRIL 2006 20.7.1. A certificate of coverage, prior to that person beginning work on the project, so the OWNER shall have on file certificates of coverage showing coverage for all persons providing services on the project; and 20.7.2. 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. 20.8. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 20.9. 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. 20.10. The CONTRACTOR shall post on each project site a notice, in the text, form and mariner 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. 20.11. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, too: 20.11.1. 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; 20.11.2. Provide to the CONTRACTOR, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on a project, for the duration of the project; 20.12. 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; 20.13. Obtain from each other person with whom it contracts, and provide to the CONTRACTOR: 20.13.1. A certificate of coverage, prior to the other person beginning work on the project; and 20.13.2. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project 20.14. 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. 20.14.1. By signing this contract, 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. 20.14.2. 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 6 of 10 SPECIFICATION NO. 06-885-44 DATE: APRIL 2006 22. VENUE: Both the City and the Contractor agree that venue for any litigation arising from a resulting Agreement shall lie in Williamson County, Texas. 23. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be considered an employee of the City. The Contractor shall not be within protection or coverage of the City's Worker' Compensation insurance, Health Insurance, Liability Insurance or any other insurance that the City from time to time may have in force and effect. PART II SPECIFICATIONS 1. SCOPE: This specification describes the supply and delivery of various water treatment chemicals to be delivered at the City's water treatment facilities: 1.1. 5494 N. II -135 Round Rock, Texas 78664 1.2. 501 North Mays Round Rock, Texas 78664 2. STATEMENT OF INTENT: These specifications cover only the general requirements as to the performance and design criteria of the City of Round Rock, as well as certain details to which the successful bidder shall conform. Bidders shall be responsible for fumishing product that meets or exceeds all of the requirements as set forth herein. 3. BIDDER QUALIFICATIONS: The opening of a bid will not be construed as the City's acceptance of such bidder as qualified and responsible. The City reserves the right to determine bid representing the best value to the City from information submitted with the bid. All bidders shall furnish the following information at a minimum: 3.1. References: Provide the name, address, telephone number and point of contact of at least three firms that have utilized the exact product in bid submittal for at least 2 years. References may be checked prior to award. Any negative responses received may result in disqualification of bid. 3.2. 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. 4. CONFIDENTIALITY OF CONTENT: All bids submitted in response to this IFB shall be held confidential until a contract is awarded. Following the contract award, proposals are subject to release as public information unless the bid or specific parts of the bid can be shown to be exempt from the Texas Public Information Act. Bidder are advised to consult with their legal counsel regarding disclosure issues and take the appropriate precautions to safeguard trade secrets or any other proprietary information. The City assumes no obligation or responsibility for asserting legal arguments on behalf of potential bidders. 4.1. If a Bidder believes that a bid or parts of a bid are confidential, then the Bidder shall so specify. The Bidder shall stamp in bold red letters the term "CONFIDENTIAL" on that part of the bid, which the Bidder believes to be confidential. Vague and general claims as to confidentiality shall not be accepted. All bid and parts of bids that are not marked as confidential will be automatically considered public information after the contract is awarded. 5. ORDER QUANTITY: The quantities shown on the IFB are estimates only. No guarantee of any minimum or maximum purchase is made or implied. The City will only order the quantity of goods and or services needed to satisfy operating requirements, which may be more or less than indicated. 6. CONTRACTOR ADMINISTRATOR: All work performed under this Agreement will be supervised and verified by the City representative(s) noted below: KIM LUTZ (512) 341-3333 or ELOY ESPINOSA (512) 341-3331 Page 7 of 10 SPECIFICATION NO. 06-885-44 DATE: APRIL 2006 PART III CHLORINE (TON) 1. INTENDED USE: The City seeks to contract with a qualified bidder to supply and deliver CHLORINE for treating potable water supply located at the City owned facilities. 2. All chlorine to be delivered shall: 2.1. Be filtered with a media capable of removing eighteen to twenty microns prior to filling any container for delivery to the City of Round Rock. 2.2. Be 99.5 percent pure by volume. 2.3. Contain no soluble mineral or organic substances in quantities capable of producing deleterious or injurious effects on the health of persons consuming water that has been treated properly with liquid chlorine. 2.4. Not to exceed 150 parts per million (ppm) moisture by weight. 2.5. Not to exceed 10 ppm lead, 1 ppm mercury, 3 ppm arsenic or 30 ppm of the sum of all heavy metals. 3. All containers shall: 3.1. Meet all applicable Department of Transportation and Chlorine Institute, Inc. standards. 3.2. Be able to be opened with reasonable ease, using a wrench not greater than six inches in length. 3.3. Have a new or rebuilt valve installed prior to delivery. 3.4. Be visually inspected, vacuumed, and exterior repainted, and leak tested prior to each use. 3.5. Successfully pass hydrostatic testing at least every five years. 3.6. Have container number and tare weight clearly visible and legible. 4. Chlorine shall be delivered: 1. In conformance with all applicable federal, state and local laws. With a certified weight ticket. In clean, properly identified and labeled vehicles used only for the transport and delivery of chlorine. 4.4. Using City owned equipment (e.g.; hoist apparatus, hand truck, etc.) 5. The successful bidder shall maintain a twenty-four (24) hour emergency service for liquid chlorine emergencies that includes, at a minimum, the following: 5.1. Trained and certified personnel in hazardous materials response. 5.2. All necessary equipment and apparatus for managing and remediating any emergency leak or release of chlorine from vendor supplied cylinders or containers. 5.3. Procedures for the removal and disposal of defective or leaking cylinders or containers. PART IV HYDROFLUOSILICIC ACID 23% 1. INTENDED USE: The City seeks to contract with a qualified bidder to supply and deliver HYDROFLUOSILICIC ACID 23% for treating potable water supply located at the City owned facilities. 2. All Hydrofluosilicic Acid to be delivered shall: Page 8 of 10 SPECIFICATION NO. 06-885-44 DATE: APRIL 2006 2.1. Be free of insoluble and suspended matter, including but not limited to: chips, dirt, grit and all foreign matter. 2.2. Contain between 20% and 30% hydrofluosilicic acid. 2.3. Maximum dosage of 1.2 mg/L fluoride ion. 3. Hydrofluosilicic Acid shall be delivered: 3.1. In conformance with all applicable federal, state and local laws. 3.2. With a certified weight ticket. 3.3. In clean, properly identified and labeled trucks used only for the transport and delivery of hydrofluosilicic acid. 4. The successful bidder shall maintain a twenty-four (24) hour emergency service for hydrofluosilicic acid emergencies that includes, at a minimum, the following: 4.1. Trained and certified personnel in hazardous materials response. 3.4. Into one 1,800 -gallon bulk storage tank through a standard 2 -inch female quick connect. 4.2. All necessary equipment and apparatus for managing and remediating an emergency leak or release of hydrofluosilicic acid. PART V DELIVERY, SERVICE, ACCEPTANCE AND PAYMENT 1. DELIVERY: Delivery of the product shall be completed in accordance with the specifications and to the locations listed above. 2. SERVICE: The successful bidder shall have service and maintenance available to the City within a 130 mile radius of the City, and shall be able to respond to a request for service: 2.1. Within 12 hours of notification for telephone service and/or maintenance. 2.2. Within 24 hours of notification for on-site service and/or maintenance. 3. 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. 4. DOCUMENTATION: The bidder shall provide a complete and traceable documentation for each shipment. Complete documentation shall include: 4.1 A complete and current Material Safety Data Sheet. 4.2 Analytical and quality assurance data certifying the chemistry of the product. 4.3 A bill of lading which includes weight and quantity of delivery. 5. INVOICING: Contractor shall submit one original and one copy of each invoice on a monthly basis to the following address: City of Round Rock Accounts Payable 221 East Main Street Round Rock, TX78664-5299 6. 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 Page 9 of 10 J SPECIFICATION NO. 06-885-44 DATE: APRIL 2006 the City receives a correct invoice for the supplies, materials, equipment or services, whichever is later. The Contractor may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by the City in the event: 6.1 There is a bona fide dispute between the City and Contractor concerning the supplies, materials, services or equipment delivered or the services performed that causes the payment to be late; or 6.2 The terms of a federal Agreement, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or 6.3 There is a bona fide dispute between the Contractor and a subcontractor or between a subcontractor and its suppliers conceming supplies, material, or equipment delivered or the services performed which caused the payment to be late; or 6.4 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. 7. OVERCHARGES: Contractor 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 seg., and which arise under the antitrust laws of the State of Texas, Bus. and Com. Code, Section 15.01, et seq. Page 10 of 10 e0 O iii N 4 g O. 0 0 e+i z Z W 0 O in CO WATER TREATMENT CHEMICALS 0) N 0 co 0 DPC Industries o O 0)) ti .i 0 ANNUAL I .O m 0 Z $589.00 7 PER TON v CO 0 Z AOC Welding Supply $59,125.00 ANNUAL No Bid $537.50 7 PER TON v CO 0 Z Altivia Corp. 0 o ANNUAL 73 0 CO o ri co z te- $ 574.00 PER TON .O 03 0 z Napco Chemical 0 ANNUAL -O o M o in o v Z c. M - 03 O Z CLASS & ITEM CHLORINE (TON CYLINDERS) 2 HYDROFLUOSILICIC ACID 23% 4& W `— H DATE: October 5, 2006 SUBJECT: City Council Meeting, October 12, 2006 ITEM: *11.C.2. Consider a resolution authorizing the Mayor to execute an Agreement for the purchase of Chlorine from AOC Welding Supply. Department: Water/Wastewater Utility Staff Person: Tom Word, Chief of Public Works Operations Justification: This is an annual contract for the purchase of chlorine for the Surface Water Treatment Plant. Chlorine is used to disinfect drinking water. Funding: Cost: $59,125 Source of funds: Utility Fund Outside Resources: N/A Background Information: Recent volatility in the chlorine market forced the city to rebid this service on April 25, 2006. Three companies submitted completed Invitations for Bid (IFB). Public Comment: N/A EXECUTED DOCUMENT FOLLOWS CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF WATER TREATMENT CHEMICALS CHLORINE (TON CYLINDERS) FROM AOC WELDING SUPPLY THE STATE OF TEXAS CITY OF ROUND ROCK COUNTY OF WILLIAMSON § § § § § KNOW ALL BY THESE PRESENTS: That this Agreement for purchase of chlorine (ton cylinders), referred to herein as the "Agreement," is made and entered into on this the / h day of the month of Cita) , 2006, 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 AOC WELDING SUPPLY, whose offices are located at 822 SBC Center Parkway, San Antonio, Texas, referred to herein as the "Vendor." This Agreement supersedes and replaces any previous agreement between the named parties, whether oral or written, and whether or not established by custom and practice. RECITALS: WHEREAS, City desires to purchase chlorine (ton cylinders) from Vendor; and WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods, and City has selected the Bid submitted by Vendor; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties, and obligations; NOW, THEREFORE: WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties mutually agree as follows: 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and Vendor whereby City is obligated to buy specified goods and Vendor is obligated to sell specified goods. The Agreement includes the following: (a) City's Invitation for Bid designated as IFB 06-029, Specification Number 06-885-44 dated April 2006; (b) Vendor's Response to IFB; (c) the 00103786/jkg R-06-10-190110 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: (1) This Agreement; (2) Purchaser's Response to IFB; (3) City's Invitation for Bids, exhibits, and attachments. B. City means the City of Round Rock, Williamson and Travis Counties, Texas. C. Effective Date means the date upon which the binding signatures of both parties to this Agreement are affixed. D. Force Majeure means acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind from the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government and the people, civil disturbances, explosions, or other causes not reasonably within the control of the party claiming such inability. E. Goods mean the specified supplies, materials, commodities, or equipment. F. Vendor means AOC WELDING SUPPLY or any of its subsequent 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 initial term of this Agreement is for thirty-six (36) months from the effective date hereof. After that initial 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. 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. 2 3.01 CONTRACT DOCUMENTS AND EXHIBITS City selected Vendor as the integrator of choice to supply the goods as outlined in IFB 06-029, Specification Number 06-885-44 dated April 2006, 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, specifically chlorine (ton cylinders). 5.01 COSTS Unit price of $537.50 per ton. 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 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. 8.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Vendor will be made within thirty (30) days of the day on which City receives the performance, 3 supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for the performance and/or deliverables or services, whichever is later. Vendor may charge a late fee of one percent (1%) for payments not made in accordance with this Prompt Payment Policy; however, this Policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Vendor concerning the supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between any of the parties and subcontractors or between a subcontractor and its suppliers concerning supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or D. Invoices are not mailed to City in strict accordance with instructions, if any, on the purchase order or the Agreement or other such contractual agreement. 9.01 GRATUITIES AND BRIBES City may, by written notice to Vendor, cancel this Agreement without liability to Vendor if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or 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. 10.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Vendor's charges. 11.01 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. 12.01 INSURANCE Vendor shall meet all requirements as stated in the attached Invitation for Bid No. IFB 06-029 and its bid response. 4 13.01 CITY'S REPRESENTATIVE City hereby designates the following representatives authorized to act in its behalf with regard to this Agreement: Eloy Espinosa Public Works -WTP 5494 North IH 35 Round Rock, Texas 78664 512-341-3331 14.01 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. 15.01 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. 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. 16.01 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. 5 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. 17.01 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. 18.01 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. 19.01 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. 20.01 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: 6 1. When delivered personally to the 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: AOC Welding Supply 822 SBC Center Parkway San Antonio, TX 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. 21.01 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. 22.01 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. 23.01 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. 7 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. 24.01 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 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 void. 25.01 MISCELLANEOUS PROVISIONS Standard of Care. Vendor represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. Time is of the Essence. Vendor understands and agrees that time is of the essence and that any failure of Vendor to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Vendor's failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible as defined herein. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original of this document; and all of which, when taken together, shall constitute one and the same instrument. IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates indicated. 8 City of ' . z T AOC We „jj' g j Aryl, i' • 4 By: Title: Da S Attest: By: Christine R. Martinez, City Secretary For City, p'rovec as t Form: By: Stephan . Sheets, City Attomey 9 By: Title: Date Sign r) .' INVITATION FOR BID (IFB) CITY OF ROUND ROCK PURCHASING OFFICE 221 E. Main Street Round Rock, Texas 78664-5299 BIDS ARE DUE TO THE PURCHASING OFFICE AT THE ABOVE ADDRESS BEFORE BID OPENING TIME. INVOICE TO: City of Round Rock Accounts Payable 221 East Main Street Round Rock, Texas 78664-5299 BID F.O.B. DESTINATION UNLESS OTHERWISE SPECIFIED BELOW DESTINATION: City of Round Rock Water Treatment Plant 5494 North IH 35 Round Rock, Texas 78681 - or - 501 North Mays Round Rock, Texas 78664 FACSIMILE RESPONSES SHALL NOT BE ACCEPTED SHOW BID OPENING DATE .1 BID NUMBER IN LOWER LEFT HAND CORNER OF SEALED BID ENVELOPE 6 SHOW RETURN ADDRESS OF BIDDING FIRM. BIDDING INFORMATION: Water Treatment Chemicals BID NUMBER 06-029 OPENING DATE 4/25/2006 at 3:00 P.M. BID LOCATION: 221 E. Main Street, 1st Floor Council Chambers, Round Rock, TX 78664 RETURN SIGNED ORIGINAL AND ONE COPY OF BID will disqualify bid SEE 1.7 ON BACK FOR INSTRUCTIONS: TAX ID NO.. ' gQ r Ud LEGAL BUSINESS NAME: AOC+ w etj j 4.0k PQ/t ADDRESS: $Z -Z S 6 C.cNI--Q� fa-/i/KGv/4- ADDRESS: n ,/�j� ) CONTACT: f � ptez _- jUN�. / /Y/ NAe'?L r"c _ .(j/ � s 1 L/lr(. TELEPHONE NO.: tJ ti 0 n (�7Qil 1461 /� BUSINESS ENTITY TYPE: F(�, ' ( P t Bidder agrees to comply with all conditions set forth below and on the reverse side of this IFB. No guarantee of any minimum or maximum purchase Is made or implied. The City will only order the amount needed to satisfy operating requirements, which may be more or Tess than indicated. Best Bid Evaluation: All bids received shall be evaluated based on the best value for the City, which will be determined by considering all or part of the following criteria: Bid price; Reputation of the bidder and of bidder's goods and services; The quality of the bidder's goods or services; The extent to which the goods or services meet the City's needs; Bidder's past relationship with the City; any relevant criteria specifically listed in the solicitation. NOTE: ONE OR MORE AWARDS MAY BE FOR ALL ITEMS LISTED OR IN PART, WHICHEVER IS IN THE BEST INTEREST OF THE CITY. All items listed below are in accordance with Specification No. 06-885-44, dated 3/2006. ITEM # 1 CLASS 8 ITEM 885-44 CHLORINE (TON CYLINDERS) DESCRIPTION QTY 110 TONS • EST. ANNUAL USE UNIT PRICE 537 -5-9 PER TON EXTENSION 4 HYDROFLUOSILICIC ACID 23% 11,000 GALLONS " EST. ANNUAL USE No bib EST. ANNUAL PER GALLON • EST. ANNUAL "By the signature hereon affixed, the bidder hereby certifies that neither the bidder nor the entity represented by the bidder, or anyone acting for such entity has violated the antitrust laws of this State, codified in Section 15.01 et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly, the bid made to any competitor or any other person engaged in such line of business." EXHIBIT a nAn ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID ANY EXCEPTIONS THERETO MUST BE IN WRITING 1. BIDDING REQUIREMENTS: 1.1 Bidding requires pricing per unit shown and extensions, If trade discount is shown on bid, it should be deducted and net line extensions shown. Bidders guarantees product offered will meet or exceed specifications identified in this Invitation For Bid (IFB). 1.2 Bids should be submitted on this form. Each bid shall be placed in a separate envelope completely and properly identified. See instructions on reverse side. Bids must be in the office of the City Purchasing Agent before the hour and date specified on the reverse side of this IFB. 1.3 Late bids properly identified will be retumed to bidder unopened. Late bids will not be considered. 1.4 Bid F.O.B. destination, freight, prepaid, & allowed unless otherwise specified on the IFB. If otherwise, show exact cost to deliver. 1.5 Bid unit price on quantity and unit of measure specified, extend and show total. In case of errors in extension, unit prices shall govern. Bids subject to unlimited price increase will not be considered. 1.6 Bid prices shall be firm for acceptance 30 days from bid opening date. "Discount from List" bids are riot acceptance unless requested. Cash discount will not be considered in determining the low bid. All cash discounts offered will be taken if eamed. 1.7 Bids shall give Tax Identification Number, full name and address of bidder. Failure to sign will disqualify bid. Person signing bid shall show tittle and authority to bind signatories firm in a contract. Firm name should appear on each page in the block provided in the upper right corner. Business Entity shall be one (1) of the following: Individual, Partnership, Sole Proprietorship, Estate/Trust, Corporation, Govemmental. Non-profit, all others shall be specified. INDIVIDUAL: List name and number as shown on Social Security Card. SOLE PROPRIETORSHIP; List legal name followed by legal business name and Social Security Number. ALL OTHERS; List legal name of entity and Tax Identification Number (Tin). 1.8 Bid cannot be altered or amended after opening time. Any Alterations made before opening time shall be initialed by bidder or an authorized agent. No bid can be withdrawn after opening time without approval of the CITY based on a written acceptable reason. 1.9 The City is exempt from State Sales Tax and Federal Excise Tax. Do not include tax in bid. 1.10 The City reserves the right to accept or reject all or any part of bid, waive minor technicalities and award the bid to best serve the interests of the City, Split awards may be made at the sole discretion of the City. 1.11 Consistent and continued tie bids could cause rejection of bids by the City and/or investigation for antitrust violations. 1.12 Telephone bids and facsimile bids are not acceptable in response to the IFB. 1.13 CAUTION: Bid invitation allows sufficient time for receipt of the preferred mail response. The City shall not be responsible for bids received late, illegible, incomplete, or otherwise non-responsive 2. SPECIFICATION: 2.1 Any catalog, brand name or manufacturers reference used in IFB is descriptive only (not restrictive), and is used to indicate type and quality desired. Bids on brands of like nature and quality will be considered unless advertised under the provisions of Section 252.022 of the Texas Local Govemment Code. If other than brands) specified is offered, illustrations and complete descriptions of product offered are requested to be made a part of the bid. If bidder takes no exceptions to specifications or reference data in bid. bidder will be required to fumish brand names, numbers, etc, as specified in the IFB. 2.2 All items bid shall be new. in first Bass condition. including containers suitable for shipment and storage, unless otherwise indicated in IFB. Verbal agreements to the contrary will not be recognized. 2.3 Samples, when requested, must be furnished free of expense to the City. If not destroyed in examination, they will be retumed to the bidder, on request, at bidder expense. Each example should be marked with bidders' name and address, City bid number and code. Do not enclose in or attach to bid. 2.4 The City will not be bound by any oral statement or representation contrary to the written specifications of this IFB. 2.5 Manufacturers standard warranty shall apply unless otherwise stated in the IFB. 3. TIE BIDS: In case of tie bids, the award will be made in accordance with Section 271.901 of the Texas Local Govemment Code. 4. DELIVERY: 4.1 Bid should show number of days required to place material in City's designated location under normal conditions. Failure to state deliver time obligates bidder to complete delivery in fourteen (14) calendar days. Unrealistically short or long delivery promises may cause bid to be disregarded. Consistent failure to meet delivery promises without valid reason may cause removal from bid list. (See 4.2 following.) 4.2 If delay is foreseen, contractor shall give written notice to the City. The City has the right to extend delivery date if reasons appear valid. Contractor must keep the City advised at all times of status of order. Default in promised delivery (without acceptable reasons) or failure to meet specifications, authorizes the City to purchase supplies elsewhere and charge full increase, if any, in cost and handling to defaulting contractor. 4.3 No substitutions or cancellations permitted without written approval of the City. 4.4 Delivery shall be made during normal working hours only, unless prior approval for late delivery has been obtained from the City, unless otherwise specified in the IFB. 5 INSPECTION AND TESTS: All goods will be subject to inspection and test by the City to the extent practicable at all times and places. Authorized City personnel shall have access to any supplier's place of business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with the bid or on samples taken from regular shipments. If the products tested fail to meet or exceed all conditions and requirements of the specifications, the cost of the sample used and the cost of the testing shall be bome by the supplier. Goods, which have been delivered and rejected in whole or in part, may, at the City's option, be retumed to the Vendor or held for disposition at Vendor's risk and expense. Latent defects may result in revocation of acceptance. 6. AWARD OF CONTRACT: A response to an IFB is an offer to contract with the City based upon the terms, conditions, and specifications contained in the IFB Bids do not become contracts unless and until they are accepted by the City through its designates and a purchase order is issued. The contract shall be govemed, construed, and interpreted under the Charter of the City and the laws of State of Texas. All contracts are subject to the approval of the City Council. 7. PAYMENT: Vendor shall submit three (3) copies of an invoice showing the purchase order number on all copies. 8. PATENTS AND COPYRIGHTS: The contractor agrees to protect the City from claims involving infringements of patents or copyrights. 9. VENDOR ASSIGNMENTS: Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract, which arise under the antitrust laws of the State of Texas. Tx, Bus. And Comm. Code Ann. Sec. 15.01, et seq. (1967). 10 BIDDER AFFIRMATION 10.1 Signing this bid with a false statement is a material breach of contract and shall void the submitted bid or any resulting contracts, and the bidder shall be removed from all bid lists. By signature hereon affixed, the bidder hereby certifies that 10.2 The bidder has not given, offered to give, nor intends to give any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, tip, favor, or service to a public servant in connection with the submitted bid. 10.3 The bidder is not currently delinquent in the payment of any debt owed the City. 10 4 Neither the bidder nor the firm, corporation, partnership, or any entity represented by the bidder, or anyone acting for such firm, corporation, or entity has violated the antitrust laws of this State codified in Section 15.01 et. Seq. Texas Business and Commercial Code, or the Federal Antitrust Laws, nor communicated directly or indirectly the bid made to any competitor, or any other person engaged in such line of business. 10.5 The bidder has not received compensation for participation in the preparation of the specification for this IFB. 11. NOTE TO BIDDERS: Any terms and conditions attached to bid will riot be considered unless the bidder specifically references them on the front of this bid form. WARNING: Such terms and conditions may result in disqualification of the bid (e.g. bids with the laws of a state other than Texas requirements for prepayment. Limitations on remedies, etc.) The City of Round Rock can only accept bids which contain all the terms and conditions of its formal IFB; in particular, all bidders affirmations and certifications must be included. Submission of bids on forms other than City bid form may result in disqualification of your bid. 12. INQUIRIES. Inquines pertaining to bid invitations must give bid number, codes, and opening date. REFERENCE SHEET Please Complete and Return This Form with the Solicitation Response SOLICITATION NUM ER: 06-029 I B WATER T EATMENT CHEMICALS .... BIDDER'S NAME: L. i�c 1 DATE: S 44 06 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. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number 2. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number 3. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number 4. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number (ita 00k - Tyr y vr,9Hl DF,cer- w/A- f.o.&x31-fAOS SAN AN,U -X 7;?a6 5 (z/o) 5l 14.y-Lj Fax Number ( ca/ O)(,5/_S y.cjy yew rs a- fr e r,vESSt ee E Lee @ &W1,1 iEXPt-s, Co.r, 310,2 gq N ArctnoFz1s, — 78/3 / (gap ) tog_ gg(0 Fax Number (x3L) -47Kc, foot .MQ Morc\a,N ©niN e 4- 08-g Pia 0. S3 \ In S SC Cpm }r `�"x � g'�� (art)) (,51_7a.ct Fax Number (c)O) 657_ 7903 ( ) Fax Number ( FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSERATION FROM AWARD. SPECIFICATION NO. 06-885-44 DATE: APRIL 2006 CITY OF ROUND ROCK WATER SUPPLY TREATMENT CHEMICALS 1. PURPOSE: The City seeks to contract with a qualified bidder to supply and deliver various water treatment chemicals for treating potable water supply located at the City owned facilities identified on the Invitation For Bid (IFB). 2. DEFINITIONS: The following definitions will be used for identified terms throughout the specification and bid document: 2.1. Bidder identified throughout this specification shall describe persons and entities that consider themselves qualified to provide the goods, equipment or services. 2.2. City — Identifies the City of Round Rock, Williamson and Travis Counties, Texas. 2.3. Contract — A mutually binding legal document obligating the Contractor to furnish the goods, equipment or services, and obligating the City to pay for it. 2.4. Contractor — A person or business enterprise providing goods, equipment, labor and/or services to the City as fulfillment of obligations arising from a contract or purchase order. 2.5. Goods represent materials, supplies, commodities and equipment. 2.6. 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 against an existing agreement and invoice the City for Goods or Services specified. 2.7. Sub -Contractor - Any person or business enterprise providing goods, equipment, labor, and/or services to a Contractor if such goods, equipment, labor, and/or services are procured or used in fulfillment of the Contractor's obligations arising from a contract with the City. 3. CLARIFICATION: For clarification of specifications, bidders may contact: Randy Barker Purchasing Supervisor City of Round Rock Telephone: 512-218-3295 3.1. 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. 4. CONFLICT OF INTEREST: 4.1 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 government entity disclose the vendor or person's affiliation or business relationship that might cause a conflict of interest with a local govemment entity. The Conflict of Interest Questionnaire form is available from the Texas Ethics Commission at www.ethics.state.tx.us. Completed Conflict of Interest Questionnaires may be mailed or delivered by hand to the City Secretary. If mailing a completed form, please mail to: City of Round Rock Christine Martinez, City Secretary 221 East Main Street Round Rock, Texas 78664 Page 1 of 10 SPECIFICATION NO. 06-885-44 DATE: APRIL 2006 PART I GENERAL CLAUSES AND CONDITIONS 1. GOODS: The City seeks to contract with a qualified bidder to supply and deliver various water treatment chemicals for treating potable water supply located at the City owned facilities identified on the Invitation For Bid (IFB). 2. LABOR: The Contractor shall provide all labor and goods necessary to perform the project. The Contractor shall employee all personnel for work in accordance with the requirements set forth by the United States Department of Labor. 3. 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. 4. ENVIRONMENT: 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 Contractor, Contractor's employees, sub-contractor(s) or sub -contractor (s') employees while in the performance of the services is prohibited. Violation of this requirement shall constitute grounds for termination of any purchase order or agreement resulting from this bid. 5. DAMAGE: The Contractor 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 Contractor shall be responsible and liable for the safety; injury and health of its working personnel while its employees are performing service work. 6. WORKPLACE: The City reserves the right to inspect the facilities and organization before recommending any award; or to take any other action necessary to determine a prospective vendor's ability to perform. The city may reject bids where evidence submitted or investigation and evaluation indicates an inability of the bidder to perform. 7. BEST BID EVALUATION: All bids received shall be evaluated based on the best value for the City. Best value shall be determined by considering all or part of the criteria listed, as well as any relevant criteria specifically listed in the solicitation. 7.1. Bid price 7.2. Reputation of the bidder and of bidder's goods and services. 7.3. The quality of the bidder's goods or services. 7.4. The extent to which the goods or services meet the City's needs 7.5. Bidder's past relationship with the City. All vendors shall be evaluated on their past performance and prior dealings with the City to include, but not limited to, failure to meet specifications, poor quality, poor workmanship and/or, late delivery. 8. EX PARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of a bid, the City of Round Rock prohibits ex parte communication (e.g., unsolicited) initiated by the Bidder to the City Official or Employee evaluating or considering the bids prior to the time a bid decision has been made. The appropriate City Official or Employee will initiate communication between Bidder and the City in order to obtain information or clarification needed to develop a proper and accurate evaluation of the bid. Ex parte communication may be grounds for disqualifying the offending Bidder from consideration or award of the bid then in evaluation, or any future bid. 9. AGREEMENT: The term of the Agreement, resulting from this Invitation for Bid, shall be for three (3) twelve-month periods of time from the date of award. Prices shall be firm for the duration of the Agreement, except as provided for herein. This agreement may be renewed for two (2) additional periods of time not to exceed twelve months for each renewal. 10. VENDOR PERFORMANCE: The City reserves the right to review the Vendor's performance at the end of each twelve month contract period and to cancel all or part of the Agreement (without penalty) or continue the contract through the next period. Page 2 of 10 SPECIFICATION NO. 06-885-44 DATE: APRIL 2006 11. 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. 12. PRICE ADJUSTMENT: The City may permit "unit price" adjustments upward, only as a result of 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 the Vendor in writing and accompanied with the appropriate documentation to justify the increase. Upon the City approval, the price increase shall become effective 30 days from the date of the acceptance letter from the City. 12.1. The vendor shall provide to the City any price reduction announced during the initial contract or any extension period. The price reduction should be in writing and shall become effective 30 days from the date the notice was received by the City. 12.2. The Vendor may offer price decreases in excess of the announced reduction and at any time during the contract or extension periods. 13. 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 governing body of the City does not appropriate funds sufficient to purchase the estimated yearly quantities, as determined by the City's budget for the fiscal year in question. The City may effect such termination by giving Contractor a written notice of termination at the end of its then current fiscal year. 14. CANCELLATION: The City reserves the right to cancel the Agreement without penalty by providing 30 days prior written notice to the other party. Contractor 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 Contractor 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. 15. ABANDOMENT OR DEFAULT: A Contractor 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. 16. 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 statues and regulations, and licensing laws and regulations. When requested, the Contractor shall furnish the City with satisfactory proof of its compliance. 17. CODES, PERMITS AND LICENSES: The successful bidder shall comply with all National, State and Local standards, codes and ordinances, 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). 18. INDEMNITY: Contractor shall indemnify, save harmless and defend the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees and any and all other costs or fees incident to the performance of the resulting Agreement and arising out of a willful or negligent act or omission of the Contractor, its officers, agents, servants and employees. 19. INSURANCE: The Contractor shall procure and maintain at its sole cost and expense for the duration of the contract or purchase order resulting from a response to this bid/specification, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work as a result of this bid by the successful bidder, its agents, representatives, volunteers, employees or sub- contractors. Page 3 of 10 SPECIFICATION NO. 06-885-44 DATE: APRIL 2006 19.1. Certificates of Insurance and endorsements shall be furnished to the City and approved by the City before work commences. 19.2. The following standard insurance policies shall be required: 19.2.1. General Liability Policy 19.2.2. Automobile Liability Policy 19.2.3. Worker's Compensation Policy 19.3. The following general requirements are applicable to all policies: 19.3.1. Only insurance companies licensed and admitted to do business in the State of Texas shall be accepted. 19.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. 19.3.3. Claims made policies shall not be accepted, except for Professional Liability Insurance. 19.3.4. Upon request, certified copies of all insurance policies shall be fumished to the City 19.3.5. Policies shall include, but not limited to, the following minimum limits: 19.3.6. Minimum Bodily Injury Limits of $300,000.00 per occurrence. 19.3.7. Property Damage Insurance with minimum limits of $50,000.00 for each occurrence. 19.3.8. 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. 19.3.9. Statutory Worker's Compensation Insurance and minimum $100,000.00 Employers Liability Insurance. 19.3.10. Coverage shall be maintained for two years minimum after the termination of the Contract. 19.4. 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 Contractor shall exercise reasonable efforts to accomplish such changes in policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the requirements of the bid specification and the insurance endorsements stated below. 19.5. Contractor 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 19.5.1. Provide for an additional insurance endorsement clause declaring the Contractor's insurance as primary. 19.5.2. Name the City and its officers, employees, and elected officials as additional insured, (as the interest of each insured may appear) as to all applicable coverage. 19.5.3. Provide thirty days notice to the City of cancellation, non -renewal, or material changes 19.5.4. Remove all language on the certificate of insurance indicating: 19.5.4.1. That the insurance company or agent/broker shall endeavor to notify the City; and, 19.5.4.2. Failure to do so shall impose no obligation of liability of any kind upon the company, its agents, or representatives. 19.5.5. Provide for notice to the City at the addresses listed below by registered mail: 19.5.6. Contractor 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 it may be covered by the proceeds of insurance. Page 4 of 10 SPECIFICATION NO. 06-885-44 DATE: APRIL 2006 19.5.7. Provide that all provisions of this contract conceming 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. 19.5.8. 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. 19.5.9. Contractor 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. 19.5.10. All notices shall be mailed to the City at the following addresses: Assistant City Manager City of Round Rock 221 East Main Street Round Rock, TX 78664-5299 City Attorney City of Round Rock 309 East Main Street Round Rock, TX 78664 19.6. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in these requirements. Neither shall bankruptcy, insolvency, or denial of liability by the insurance company relieve the Contractor from liability. 19.7. If the Contractor employs, contracts with or otherwise permits any other individual or entity to perform any of the obligations of the Contractor, then any and all of these individual or entities shall be bound by the same insurance requirements as the successful bidder. 20. WORKERS COMPENSATION INSURANCE: The following insurance requirements applies to contracts for services that are performed at City Facilities or at sites designated by the City and for supplies that are delivered to City facilities by the Contractor personnel) Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage for all persons providing services on building or construction projects for a govemmental entity 20.1. 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. 20.2. 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. 20.3. 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 fumishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 20.4. 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. 20.5. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the contract. 20.6. 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. 20.7. The CONTRACTOR shall obtain from each person providing services on a project, and provide to the OWNER: Page 5 of 10 SPECIFICATION NO. 06-885-44 DATE: APRIL 2006 20.7.1. A certificate of coverage, prior to that person beginning work on the project, so the OWNER shall have on file certificates of coverage showing coverage for all persons providing services on the project; and 20.7.2. 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. 20.8. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 20.9. 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. 20.10. 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. 20.11. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, too: 20.11.1. 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; 20.11.2. Provide to the CONTRACTOR, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on a project, for the duration of the project; 20.12. 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; 20.13. Obtain from each other person with whom it contracts, and provide to the CONTRACTOR: 20.13.1. A certificate of coverage, prior to the other person beginning work on the project; and 20.13.2. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project 20.14. 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. 20.14.1. By signing this contract, 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. 20.14.2. 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. 21. LIENS: Contractor agrees to and shall indemnify and save harmless the City against any and all liens and encumbrances for all labor, goods and services which may be provided under the resulting Agreement. At the City's request the Contractor or subcontractors shall provide a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City. Page 6 of 10 SPECIFICATION NO. 06-885-44 DATE: APRIL 2006 22. VENUE: Both the City and the Contractor agree that venue for any litigation arising from a resulting Agreement shall lie in Williamson County, Texas. 23. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be considered an employee of the City. The Contractor shall not be within protection or coverage of the City's Worker' Compensation insurance, Health Insurance, Liability Insurance or any other insurance that the City from time to time may have in force and effect. PART II SPECIFICATIONS 1. SCOPE: This specification describes the supply and delivery of various water treatment chemicals to be delivered at the City's water treatment facilities: 1.1. 5494 N. IH35 Round Rock, Texas 78664 1.2. 501 North Mays Round Rock, Texas 78664 2. STATEMENT OF INTENT: These specifications cover only the general requirements as to the performance and design criteria of the City of Round Rock, as well as certain details to which the successful bidder shall conform. Bidders shall be responsible for fumishing product that meets or exceeds all of the requirements as set forth herein. 3. BIDDER QUALIFICATIONS: The opening of a bid will not be construed as the City's acceptance of such bidder as qualified and responsible. The City reserves the right to determine bid representing the best value to the City from information submitted with the bid. All bidders shall furnish the following information at a minimum: 3.1. References: Provide the name, address, telephone number and point of contact of at least three firms that have utilized the exact product in bid submittal for at least 2 years. References may be checked prior to award. Any negative responses received may result in disqualification of bid. 3.2. 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. 4. CONFIDENTIALITY OF CONTENT: All bids submitted in response to this IFB shall be held confidential until a contract is awarded. Following the contract award, proposals are subject to release as public information unless the bid or specific parts of the bid can be shown to be exempt from the Texas Public Information Act. Bidder are advised to consult with their legal counsel regarding disclosure issues and take the appropriate precautions to safeguard trade secrets or any other proprietary information. The City assumes no obligation or responsibility for asserting legal arguments on behalf of potential bidders. 4.1. If a Bidder believes that a bid or parts of a bid are confidential, then the Bidder shall so specify. The Bidder shall stamp in bold red letters the term "CONFIDENTIAL" on that part of the bid, which the Bidder believes to be confidential. Vague and general claims as to confidentiality shall not be accepted. All bid and parts of bids that are not marked as confidential will be automatically considered public information after the contract is awarded. 5. ORDER QUANTITY: The quantities shown on the IFB are estimates only. No guarantee of any minimum or maximum purchase is made or implied. The City will only order the quantity of goods and or services needed to satisfy operating requirements, which may be more or less than indicated. 6. CONTRACTOR ADMINISTRATOR: All work performed under this Agreement will be supervised and verified by the City representative(s) noted below: KIM LUTZ (512) 341-3333 or ELOY ESPINOSA (512) 341-3331 Page 7 of 10 SPECIFICATION NO. 06-885-44 DATE: APRIL 2006 PART III CHLORINE (TON) 1. INTENDED USE: The City seeks to contract with a qualified bidder to supply and deliver CHLORINE for treating potable water supply located at the City owned facilities. 2. All chlorine to be delivered shall: 2.1. Be filtered with a media capable of removing eighteen to twenty microns prior to filling any container for delivery to the City of Round Rock. 2.2. Be 99.5 percent pure by volume. 2.3. Contain no soluble mineral or organic substances in quantities capable of producing deleterious or injurious effects on the health of persons consuming water that has been treated properly with liquid chlorine. 2.4. Not to exceed 150 parts per million (ppm) moisture by weight. 2.5. Not to exceed 10 ppm lead, 1 ppm mercury, 3 ppm arsenic or 30 ppm of the sum of all heavy metals. 3. All containers shall: 3.1. Meet all applicable Department of Transportation and Chlorine Institute, Inc. standards. 3.2. Be able to be opened with reasonable ease, using a wrench not greater than six inches in length. 3.3. Have a new or rebuilt valve installed prior to delivery. 3.4. Be visually inspected, vacuumed, and exterior repainted, and leak tested prior to each use. 3.5. Successfully pass hydrostatic testing at least every five years. 3.6. Have container number and tare weight clearly visible and legible. 4. Chlorine shall be delivered: In conformance with all applicable federal, state and local laws. With a certified weight ticket. In clean, properly identified and labeled vehicles used only for the transport and delivery of chlorine. 4.4. Using City owned equipment (e.g.; hoist apparatus, hand truck, etc.) 5. The successful bidder shall maintain a twenty-four (24) hour emergency service for liquid chlorine emergencies that includes, at a minimum, the following: 5.1. Trained and certified personnel in hazardous materials response. 5.2. All necessary equipment and apparatus for managing and remediating any emergency leak or release of chlorine from vendor supplied cylinders or containers. 5.3. Procedures for the removal and disposal of defective or leaking cylinders or containers. PART IV HYDROFLUOSILICIC ACID 23% 1. INTENDED USE: The City seeks to contract with a qualified bidder to supply and deliver HYDROFLUOSILICIC ACID 23% for treating potable water supply located at the City owned facilities. 2. All Hydrofluosilicic Acid to be delivered shall: Page 8 of 10 SPECIFICATION NO. 06-885-44 DATE: APRIL 2006 2.1. Be free of insoluble and suspended matter, including but not limited to: chips, dirt, grit and all foreign matter. 2.2. Contain between 20% and 30% hydrofluosilicic acid. 2.3. Maximum dosage of 1.2 mg/L fluoride ion. 3. Hydrofluosilicic Acid shall be delivered: 3.1. In conformance with all applicable federal, state and local laws. 3.2. With a certified weight ticket. 3.3. In clean, properly identified and labeled trucks used only for the transport and delivery of hydrofluosilicic acid. 3.4. Into one 1,800 -gallon bulk storage tank through a standard 2 -inch female quick connect. 4. The successful bidder shall maintain a twenty-four (24) hour emergency service for hydrofluosilicic acid emergencies that includes, at a minimum, the following: 4.1. Trained and certified personnel in hazardous materials response. 4.2. All necessary equipment and apparatus for managing and remediating an emergency leak or release of hydrofluosilicic acid. PART V DELIVERY, SERVICE, ACCEPTANCE AND PAYMENT 1. DELIVERY: Delivery of the product shall be completed in accordance with the specifications and to the locations listed above. 2. SERVICE: The successful bidder shall have service and maintenance available to the City within a 130 mile radius of the City, and shall be able to respond to a request for service: 2.1. Within 12 hours of notification for telephone service and/or maintenance. 2.2. Within 24 hours of notification for on-site service and/or maintenance. 3. 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. 4. DOCUMENTATION: The bidder shall provide a complete and traceable documentation for each shipment. Complete documentation shall include: 4.1 A complete and current Material Safety Data Sheet. 4.2 Analytical and quality assurance data certifying the chemistry of the product. 4.3 A bill of lading which includes weight and quantity of delivery. 5. INVOICING: Contractor shall submit one original and one copy of each invoice on a monthly basis to the following address: City of Round Rock Accounts Payable 221 East Main Street Round Rock, TX78664-5299 6. 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 Page 9 of 10 SPECIFICATION NO. 06-885-44 DATE: APRIL 2006 the City receives a correct invoice for the supplies, materials, equipment or services, whichever is later. The Contractor may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by the City in the event: 6.1 There is a bona fide dispute between the City and Contractor concerning the supplies, materials, services or equipment delivered or the services performed that causes the payment to be late; or 6.2 The terms of a federal Agreement, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or 6.3 There is a bona fide dispute between the Contractor and a subcontractor or between a subcontractor and its suppliers conceming supplies, material, or equipment delivered or the services performed which caused the payment to be late; or 6.4 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. 7. OVERCHARGES: Contractor 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. Page 10 of 10