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Liquid Oxygen Supply-4643-Specifications/Pricing Purchasing Department 901-B Texas St. Denton, TX 76209 (940) 349-7100 www.dentonpurchasing.com Bid #4643 Annual Contract For Water Treatment Chemicals BIDS DUE: JANUARY 20, 2011 2:00 P.M. Bid submitted by: Company Name TABLE OF CONTENTS PROPOSAL FORMS ............................................................................................................ 1 3 BID INSTRUCTIONS AND CONDITIONS ......................................................................... 4 10 OPENING DATE, TIME, PROCEDURES, CONTACTS .................................................. 4 GENERAL CONDITIONS .......................................................................................... 5 8 EVALUATION CRITERIA ................................................................................................ 7 DELIVERY REQUIREMENTS ......................................................................................... 6 SPECIAL TERMS AND CONDITIONS .................................................................... 9 10 DISADVANTAGED BUSINESS ENTERPRISES ..................................................................... 11 VENDOR REFERENCES ......................................................................................................... 12 CONFLICT OF INTEREST QUESTIONNAIRE ........................................................................ 13 TECHNICAL SPECIFICATIONS ...................................................................................... 14 21 APPENDIX A ............................................................................................................................ 22 SAFETY RECORD QUESTIONNAIRE .................................................................. 23 25 INSURANCE REQUIREMENTS ............................................................................ 26 30 This Table of Contents is intended as an aid to bidders and not as a comprehensive listing of the bid package. Bidders are responsible for reading the entire bid package and complying with all specifications. CITY OF DENTON ANNUAL CONTRACT FOR WATER TREATMENT CHEMICALS BID PROPOSAL FORM ESTIMATED ANNUAL UNIT TOTAL QTY.UOMPRICEAMOUNT ITEMDESCRIPTION *ON EACH ITEM, VENDOR SHALL INDICATE NUMBER OF MONTHS PRICE IS TO REMAIN FIRM BEGINNING MARCH 2010 Liquid Chlorine (One-Ton Containers) 1300,000Lbs. NSF60 Certified ______ Yes _____ No Liquid Chlorine (Bulk - 4,000 - 4,500 gallon truckloads) 2300,000Lbs. NSF60 Certified ______ Yes _____ No Sodium Hypochlorite 10% Bulk (3,500-5,000 gallon truckloads) 3500,000Lbs. NSF60 Certified ______ Yes _____ No Wet Flurosilicic Acid (4,000 - 4,500 gallon truckloads) 4180,000 Lbs. NSF60 Certified ______ Yes _____ No Liquid Caustic Soda - Diaphragm Grade (Dry Basis Pounds - 3,500 - Dry 51,800,000 4,000 gallon truckloads) Lbs. NSF60 Certified ______ Yes _____ No Potassium Permanganate (25Kg. Canisters) 13,230# shipments 650,000Lbs. NSF60 Certified ______ Yes _____ No Anhydrous Ammonia (2,500-3,000 Lb. Shipments) 780,000Lbs. NSF60 Certified ______ Yes _____ No PAGE 1 OF BID #4643 CITY OF DENTON ANNUAL CONTRACT FOR WATER TREATMENT CHEMICALS PAGE 2 OF BID #4643 CITY OF DENTON ANNUAL CONTRACT FOR WATER TREATMENT CHEMICALS The undersigned agrees this bid becomes the property of the City of Denton after the official opening. The undersigned affirms he has familiarized himself with the local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling and storage of equipment and all other matters that may be incidental to the work, before submitting a bid. The undersigned agrees, if this bid is accepted, to furnish any and all items/services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the Specifications. The period for acceptance of this Bid Proposal will be sixty (60) calendar days unless a different period is noted by the bidder. The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other Bidder, nor any employee of the City of Denton, and that the contents of this bid have not been communicated to any other bidder or to any employee of the City of Denton prior to the official opening of this bid. Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seq. The undersigned affirms that they have read and do understand the specifications and any attachments contained in this bid package. NAME AND ADDRESS OF COMPANY: AUTHORIZED REPRESENTATIVE: ___________________________________ Signature___________________________ ___________________________________ Date ______________________________ ___________________________________ Name _____________________________ ___________________________________ Title ______________________________ Tel. No. ____________________________ Fax No. ___________________________ Email. COMPANY IS: Business included in a Corporate Income Tax Return? ______YES ______NO _____Corporation organized & existing under the laws of the State of ____________________ _____Partnership consisting of _________________________________________________ _____Individual trading as ______________________________________________________ _____Principal offices are in the city of ____________________________________________ PAGE 3 OF BID #4643 CITY OF DENTON ANNUAL CONTRACT FOR WATER TREATMENT CHEMICALS COO(1)C EBP OMPLETE SET OFRIGINAL AND NE OPY OF XECUTED ID ROPOSAL MBRITPD901-BTS,D,TX76209 UST E ECEIVED N HEURCHASING EPARTMENT AT EXAS T ENTON OBJ20,20112:00P.M. N OR EFORE ANUARY AT Q UESTIONS REGARDING SPECIFICATIONS MUST BE SUBMITTED IN WRITING TO THE PURCHASING OFFICE FIVE (5). WORKING DAYS PRIOR TO THE BID OPENING ALL QUESTIONS SUBMITTED AFTER THAT DATE WILL NOT BE . CONSIDERED TO ENSURE ALL BIDDERS ARE GIVEN EQUAL ACCESS TO THE INFORMATION PROVIDED All questions regarding the bid and purchasing process should be directed to: Karen Smith, Senior Utility Buyer Email: Karen.Smith@cityofdenton.com Phone: (940) 349-7100 Fax: (940) 349-7302 Directions to the Purchasing Department can be accessed at www.dentonpurchasing.com , in sealed envelopes or boxes. All bids must be clearly marked with the name of the Company submitting the bid, the Bid Number and Date and Time of opening on the outside of the "ORIGINAL" envelope/box. Original bid must be clearly marked and contain all original All proposal pages must be initialed or signed where indicated. signatures. All bids will be The City of publicly opened at the date and time listed above or as soon thereafter as practical. Denton does not accept faxed bids. Any bid received after the date and/or hour set for bid opening will be returned unopened. If bids/proposals are sent by mail to the Purchasing Department, the bidder shall be responsible for actual delivery of the bid to the Purchasing Department before the advertised date and hour for opening of bids. If mail is delayed either in the postal service or in the internal mail system of the City of Denton beyond the date and hour set for the bid opening, bids thus delayed will not be considered and will be returned unopened. Bids may be withdrawn at any time prior to the official opening. Alterations made before opening time must be initialed by bidder guaranteeing authenticity. Any attempt to negotiate or give information on the contents of this bid with the City of Denton or its representatives prior to award shall be grounds for disqualification. After the official opening, bids become the property of the City of Denton and may not be amended, altered or withdrawn without the recommendation of the Purchasing Agent. The approval of the City Council is required for public works projects. The City of Denton reserves the right to accept or reject in part or in whole any bids submitted, unless denied by the bidder, and to waive any technicalities for the best interest of the City. Any submitted article deviating from the specifications must be identified and have full descriptive data accompanying same, or it will not be considered. Submitted bids shall remain in force for a ninety (90) day period after opening or until award is made; whichever comes first. In case of default after bid acceptance, the City of Denton may at its option hold the accepted bidder or contractor liable for any and all resultant increased costs as a penalty for such default. The City of Denton will award the bid to the lowest responsible bidder while complying with all current state and local laws. The City of Denton is exempt from Federal Excise and State Sales Tax; therefore, tax must not be included in this bid. PAGE 4 OF BID #4643 CITY OF DENTON ANNUAL CONTRACT FOR WATER TREATMENT CHEMICALS ANNUAL CONTRACT FOR WATER TREATMENT The City of Denton is requesting bids for CHEMICALS. The City will only accept new products and will reject proposals for used or remanufactured goods. All bids must be submitted on the attached Bid Proposal Form. Vendors may bid on any or all items. All bids shall specify terms and conditions of payment, which will be considered as part of, but not control, the award of bid. City review, inspection, and processing procedures ordinarily require thirty (30) days after receipt of invoice, materials, or service. Bids which call for payment before thirty (30) days from receipt of invoice, or cash discounts given on such payment, will be considered only if, in the opinion of the Purchasing Agent, the review, inspection, and processing procedures can be completed as specified. Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215 E McKinney St, Denton, TX, 76201-4299. It is the intention of the City of Denton to make payment on completed orders within thirty days after receipt of invoice or items; whichever is later, unless Invoices must be fully documented as to labor, materials, and unusual circumstances arise. equipment provided, if applicable, and must reference the City of Denton Purchase Order Number in order to be processed. No payments shall be made on invoices not listing a Purchase Order Number. Continuing non-performance of the vendor in terms of Specifications shall be a basis for the termination of the contract by the City. The City shall not pay for work, equipment, or supplies that are unsatisfactory. Vendors will be given a reasonable opportunity before termination to correct the deficiencies. This, however, shall in no way be construed as negating the basis for non- performance termination. contract may be terminated The by the City upon written thirty (30) days notice prior to cancellation. Bids will be considered irregular if they show any omissions, alteration of form, additions or conditions not called for, or irregularities of any kind. However, the City of Denton reserves the right to waive any irregularities. The City of Denton reserves the right to accept or reject in part or in whole any bids submitted, and to waive any technicalities for the best interest of the City. Bids may be rejected, among other reasons, for any of the following specific reasons: 1. Bids containing any irregularities. 2. Unbalanced value of any items. 3. Bid price cannot be determined based upon information provided, i.e. missing freight charges, or other fees. PAGE 5 OF BID #4643 CITY OF DENTON ANNUAL CONTRACT FOR WATER TREATMENT CHEMICALS Bidders may be disqualified and their bids not considered for any of the following reasons: 1. Collusion exists among the Bidders. 2. Reasonable grounds for believing that any Bidder is interested in more than one Bid for the work contemplated. 3. The Bidder being interested in any litigation against the City. 4. The Bidder being in arrears on any existing contract or having defaulted on a previous contract. 5. Lack of competency as revealed by a financial statement, experience and equipment, questionnaires, etc. 6. Uncompleted work, which in the judgment of the City, will prevent or hinder the prompt completion of additional work, if awarded. 7. Any other unresolved issues with the City. Due care and diligence has been used in preparation of this information, and it is believed to be substantially correct. However, the responsibility for determining the full extent of the exposure and the verification of all information presented herein shall rest solely with the proposer. The City of Denton and its representatives will not be responsible for any errors or omissions in these specifications, nor for the failure on the part of the proposer to determine the full extent of the exposures. The successful bidder may not assign their rights and duties under an award without the written consent of the Purchasing Agent. Such consent shall not relieve the assignor of liability in the event of default by the assignee. Prices shall include all charges, including freight, for the delivery of bulk liquid chemicals F.O.B. locations or as designated by the City: Lake Lewisville Water Treatment Plant Lake Ray Roberts Water Treatment Plant 1701B Spencer Road 9401 Lake Ray Roberts Road Denton, Texas 76205 Aubrey, Texas 76227 City of Denton Water Reclamation Plant 1100 S. Mayhill Road Denton, Texas 76208 Delivery of all chemicals are to be made between the hours of 8:00 a.m. 11:00 a.m. and 1:00 p.m. 4:00 p.m. Monday through Friday, excluding City of Denton holidays. Delivery date is important to the City and may be required to be a part of each bid. The City of Denton considers delivery time to be that period elapsing from the time the individual order is placed until that order is received by the City at the specified delivery location. The delivery date indicates a guaranteed delivery to the City of Denton, Texas. Failure of the bidder to meet guaranteed delivery dates or service performance could affect future City orders. The City reserves the right to demand bond or penalty to guarantee delivery by the date indicated. PAGE 6 OF BID #4643 CITY OF DENTON ANNUAL CONTRACT FOR WATER TREATMENT CHEMICALS If order is given and the Bidder fails to furnish the materials by the guaranteed date, the City reserves the right to cancel the order without liability on its part. Evaluation criteria shall include, but is not limited to the following: a. Lowest responsible bidder meeting specification b. Delivery c. Vendor's past performance record with the City of Denton d. City of Denton's evaluation of vendor's ability to perform e. City of Denton's experience with products bid f. Special needs and requirements of the City of Denton Award The City reserves the right to award by line item, section, or by entire bid; whichever is most advantageous to the City, unless denied by the bidder. Quantities indicated on the Bid Proposal Forms are estimates based upon the best available information. The City reserves the right to increase or decrease the quantities to meet its actual needs without any adjustments in the bid price. Individual purchase orders will be issued on an as needed basis. catalog, brand name or manufacturer's reference Any used is considered to be descriptive -- not restrictive -- and is indicative of the type and quality the City desires to purchase. Bids on similar items of like quality may be considered if the bid is noted and fully descriptive brochures are enclosed. If notation of substitution is not made, it is assumed vendor is bidding exact item specified. Successful vendor will not be allowed to make unauthorized substitutions after award. packing list A shall accompany each shipment and shall show: City of Denton Purchase Order Number Name and address of Vendor Name and address of receiving department Description of material shipped, including item numbers, quantity, etc. Vendors That Meet or Exceed Air Quality Standards Sec. 271.907. VENDORS THAT MEET OR EXCEED AIR QUALITY STANDARDS. (a) In this section, "governmental agency" has the meaning assigned by Section 271.003. (b) This section applies only to a contract to be performed, wholly or partly, in a nonattainment area or in an affected county, as those terms are defined by Section 386.001, Health and Safety Code. (c) A governmental agency procuring goods or services may: (1) give preference to goods or services of a vendor that demonstrates that the vendor meets or exceeds any state or federal environmental standards, including voluntary standards, relating to air quality; or PAGE 7 OF BID #4643 CITY OF DENTON ANNUAL CONTRACT FOR WATER TREATMENT CHEMICALS Vendors That Meet or Exceed Air Quality Standards (Continued) (1) require that a vendor demonstrate that the vendor meets or exceeds any state or federal environmental standards, including voluntary standards, relating to air quality. (d) The preference may be given only if the cost to the governmental agency for the goods or services would not exceed 105 percent of the cost of the goods or services provided by a vendor who does not meet the standards. Inspection and Acceptance The City of Denton may reject and refuse any delivery, which falls below the quality designated in Warranty The vendor shall warrant any manufactured products for the useful life of the product against deficiency in materials or workmanship. The bidder must be an approved distributor by the manufacturer of these products, and is authorized to sell the products to the City of Denton. The bidder also guarantees that the City will will be in effect for the life of the contract. Insurance Bidder's attention is directed to the insurance requirements as attached in Appendix A. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. PAGE 8 OF BID #4643 CITY OF DENTON ANNUAL CONTRACT FOR WATER TREATMENT CHEMICALS SPECIAL TERMS AND CONDITIONS Contract Terms Successful vendor(s) will be awarded a twelve (12) month contract, effective from date of award or notice to proceed as determined by the City of Denton Purchasing Department. At the City of Dentonct may be renewed for four (4) additional one (1) year periods, as further explained in Renewal Options. Renewal Options The City of Denton reserves the right to exercise an option to renew the contract of the vendor for four (4) additional one (1) year periods, if agreed upon in writing by both parties, with all terms and conditions remaining the same. If the City exercises the right in writing, the Bidder shall update and submit any legal documents required during the initial solicitation by no later than thirty (30) calendar days prior to the commencement of the option period. These documents, if applicable, may include, but are not limited to, Insurance Certificates and Performance Bonds and must be in force for the full period of the option. If the updated documents are not submitted by the Bidder in complete form within the time specified, the City will rescind its option and seek a new bid solicitation. Price Escalation and De-escalation The City will implement an escalation/de-escalation price adjustment quarterly. The escalation/de-escalation will be based upon manufacturer published pricing sheets to the vendor. The price will be increased or decreased based upon the quarterly percentage change in the manufacturers price list. The price adjustment will be determined quarterly from the award date. Should the change exceed or decrease a minimum threshold value of +/-1%, then the stated eligible bid prices shall be adjusted in accordance with the published price change. It is the vendors or the Cities responsibility to request a price adjustment quarterly in writing. If no request The vendor must submit or is made, then it will be assumed that the bid price will be in effect. make available the manufacturers pricing sheet used to calculate the bid proposal, and must supply the pricing sheet quarterly to the City via e-mail to Ken.Hurley@cityofdenton.com. Cooperative Purchasing The City of Denton encourages Cooperative Purchasing efforts among the governmental entities; therefore it would be in tCity of Denton facilitate this cooperative effort. Should other Governmental Entities decide to participate in this contract, would you, the Vendor, agree that all terms, conditions, specifications, and pricing would apply? _____Yes _____No PAGE 9 OF BID #4643 CITY OF DENTON ANNUAL CONTRACT FOR WATER TREATMENT CHEMICALS If you, the Vendor, checked yes, the following will apply: City of Governmental Entities utilizing Inter-Governmental Contracts with the Denton will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by Governmental City of Denton Entities other than the will be billed directly to that Governmental City of Denton Entity and paid by that Governmental Entity. The will not be responsible for order its own material/services as needed. Consideration of L Sec. 271.9051. CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS IN CERTAIN MUNICIPALITIES. (a) This section applies only to a municipality with a population of less than 250,000 that is authorized under this title to purchase real property or personal property that is not affixed to real property. (b) In purchasing under this title any real property, personal property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed bids from a bidder whose principal place of business is in the municipality and whose bid is within five percent of the lowest bid price received by the municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract for an expenditure of less than $100,000 with: (1) the lowest bidder; or the bidder whose principal place of business is in the municipality if the governing body of the municipality determines, in writing, that the local bidder offers the municipality the best combination of contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenues to the municipality. (c) This section does not prohibit a municipality from rejecting all bids. (d) This section does not apply to the purchase of telecommunications services or information services, as those terms are defined by 47 U.S.C. Section 153. PAGE 10 OF BID #4643 CITY OF DENTON ANNUAL CONTRACT FOR WATER TREATMENT CHEMICALS FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY Disadvantaged Business Enterprises (DBE) are encouraged to participate in the City of Denton's bid process. The Purchasing Department will provide additional clarification of specifications, assistance with Bid Proposal Forms, and further explanation of bidding procedures to those DBEs who request it. Representatives from DBE companies should identify themselves as such and submit a copy of the Certification. The City recognizes the certifications of the State of Texas Building and Procurement Commission HUB Program. All companies seeking information concerning DBE certification are urged to contact. State of Texas HUB Program Texas Building and Procurement Commission PO Box 13047 Austin, TX 78711-3047 (512) 463-5872 If your company is already certified, attach a copy of your certification to this form and return with bid. COMPANY NAME: ______________________________________________________ REPRESENTATIVE: ____________________________________________________ ADDRESS: ____________________________________________________________ CITY, STATE, ZIP: ______________________________________________________ TELEPHONE NO. __________________________ FAX NO . ____________________ Indicate all that apply: ______Minority-Owned Business Enterprise ______Women-Owned Business Enterprise ______Disadvantaged Business Enterprise PAGE 11 OF BID #4643 CITY OF DENTON ANNUAL CONTRACT FOR WATER TREATMENT CHEMICALS VENDOR REFERENCES other than the City of Denton, Please list three (3) Government references, who can verify the quality of service your company provides. The City prefers customers of similar size and scope of work to this bid. REFERENCE ONE GOVERNMENT/COMPANY NAME: LOCATION: CONTACT PERSON AND TITLE: TELEPHONE NUMBER: SCOPE OF WORK: CONTRACT PERIOD: REFERENCE TWO GOVERNMENT/COMPANY NAME: LOCATION: CONTACT PERSON AND TITLE: TELEPHONE NUMBER: SCOPE OF WORK: CONTRACT PERIOD: REFERENCE THREE GOVERNMENT/COMPANY NAME: LOCATION: CONTACT PERSON AND TITLE: TELEPHONE NUMBER: SCOPE OF WORK: CONTRACT PERIOD: PAGE 12 OF BID #4643 CITY OF DENTON ANNUAL CONTRACT FOR WATER TREATMENT CHEMICALS CIQ CONFLICT OF INTEREST QUESTIONNAIRE FORM For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a Date Received person who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. Name of person who has a business relationship with local governmental entity. 1 2 Check this box if you are filing an update to a previously filed questionnaire. th (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7 business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has an employment or business relationship. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes No D. Describe each affiliation or business relationship. 4 Signature of person doing business with the governmental entity Date PAGE 13 OF BID #4643 CITY OF DENTON ANNUAL CONTRACT FOR WATER TREATMENT CHEMICALS SPECIFICATIONS WATER TREATMENT CHEMICALS This bid is for a one-year period from date of award and is subject to extension for additional one-year periods by agreement of both parties. The approximate quantities are listed and actual purchases may be more or less. Orders will be released at intervals as needed. The City of Denton reserves the right to cancel any part or parts of this agreement with a thirty- day written notice to vendor. The specifications attached are a part of this bid. Awards will be made by item. Bid preference will be given to deliveries made by vendor owned, leased, contracted, and/or controlled truck. Delivery times, length of time prices will remain firm, NSF certifications, FOB points, and all other requested information shall be considered during the bid evaluation. Preference may be given to NSF60 certified products if pricing is determined by the City to be cost effective. The City reserves the right to discontinue the purchase of non-certified products at any time. Any and all chemicals that do not meet the terms, conditions, or specifications must be alternate bid. All associated costs for materials bid and delivered to the City of Denton shall be included in the bid. Only the bid price will be paid and nothing else. That includes but is not limited to delivery costs, freight, demurrage, environmental or impact fees, etc. The delivery of bulk liquid chemicals must be delivered FOB Denton, to and unloaded in the City of Denton's chemical tanks by the vendor. Deliveries of all chemicals are to be made between the hours of 8:00 a.m.-11:00 a.m. and 1:00 p.m.-4:00 p.m., Monday through Friday at any of the following locations: Lake Lewisville Water Treatment Plant Lake Ray Roberts Water Treatment Plant 1701B Spencer Road 9401 Lake Ray Roberts Road Denton, Texas 76205 Aubrey, Texas 76227 City of Denton Water Reclamation Plant 1100 S. Mayhill Road Denton, Texas 76208 PAGE 14 OF BID #4643 CITY OF DENTON ANNUAL CONTRACT FOR WATER TREATMENT CHEMICALS The tanker will be sealed with a security tag, the tag serial number and tanker number will be faxed to the utility after the truck is loaded and is ready for delivery. The manifest will contain all of the same information along with the serial numbers, and tanker numbers. The Operators will notify the supervisors of any discrepancies before proceeding with the off-loading process. Discrepancies will result in delay of chemicals being off-loaded until the discrepancies are satisfactorily resolved. Ultimately, discrepancies could result in the loads being refused. In case of emergencies, special arrangements will be made in advance of delivery. All drivers, while unloading chemicals, will wear at least the minimum of protective clothing specified by ANSI/AWWA and OSHA/MSDS standards. Any spillage caused by vendor or vendor equipment while unloading shall be cleaned by the operator/supplier/vendor at their expense. Vendor shall bill the City only for amount delivered excluding spillage. In the event the awarded successful vendor is unable to deliver the chemical product as proposed, the vendor authorizes the City of Denton to purchase the product on the open market. For each time the vendor is unable to deliver, the vendor further agrees to reimburse the City of Denton for any amount over and above the bid purchase price, provided; however, the awarded vendor shall not be liable for more than a normal delivery. The successful vendor shall supply a copy of the most recent NSF certification and a copy of the Material Safety Data Sheet (MSDS). PAGE 15 OF BID #4643 CITY OF DENTON ANNUAL CONTRACT FOR WATER TREATMENT CHEMICALS WATER TREATMENT CHEMICALS BID ITEM 1. LIQUID CHLORINE a. Must comply with ANSI/AWWA Standard B301-04. The quality of chlorine shall be chemically pure and anhydrous. b. The liquid chlorine shall be delivered in containers of one-ton capacity each. The delivery of the above shall be made in quantities of approximately 150 tons to the Water Treatment Plant (8 to 10 containers per delivery). c. Container identification numbers must be legibly inscribed and identified as such on all containers. Any container with non-legible numbers will be returned at vendor's expense. Identification requirements shall be in conformance with chlorine institute pamphlet #17. d. Valves must turn with a standard container wrench and be free of any leakage or heavy corrosion from previous use. Valves must meet all other maintenance and safety requirements included in the chlorine institute pamphlet #17. e. Defective containers will be returned and replaced at vendor's expense. f. Transport equipment shall be expeditious for unloading at our facility. It shall be able to negotiate a height clearance of 13' 6" or less. It should be amenable for off loading at our covered chlorine storage facility. In general, respective vendors are encouraged to inspect our on-site facility prior to bidding. g. Two lead washers shall be supplied for each one-ton container. h. Bid pricing and invoicing should be by the pound. i. Note: Line # 2 same as Line # 1 with exception of Chlorine will be delivered in bulk shipments of 4,000 to 4,500 gallons. PAGE 16 OF BID #4643 CITY OF DENTON ANNUAL CONTRACT FOR WATER TREATMENT CHEMICALS BID ITEM 1. LIQUID CHLORINE (CONTINUED) k. The successful vendor shall conduct a safety-training meeting at the City Water Plant. The training shall be conducted within thirty (30) calendar days after bid award and coordinated with Ken Hurley, Operations Manager at (940) 349-7626. BID ITEM 3. SODIUM HYPOCHLORITE (10% SOLUTION) a. Must comply with ANSI/AWWA Standard B300-04. b. The Sodium Hypochlorite shall be delivered in bulk shipments of 3,500 to 5,000 gallons. c. The successful vendor shall conduct a safety-training meeting at the City Water Reclamation Plant. The training shall be conducted within thirty (30) calendar days after bid award and coordinated with William Willard at (940) 349-8601. BID ITEM 4. FLUOROSILICIC ACID (23%) a. Must comply with ANSI/AWWA Standard B703a-08. b. Certificate of compliance and analysis will be supplied with each load delivered. c. Deliveries shall be in truckload quantities in approximately 4,000 to 4,500 gallons. The truck shall furnish all of its own Unloading equipment to include sufficient air pressure to blow the fill line clear. d. Bid pricing and invoicing will be by the wet weight pound. PAGE 17 OF BID #4643 CITY OF DENTON ANNUAL CONTRACT FOR WATER TREATMENT CHEMICALS BID ITEM 5. LIQUID CAUSTIC SODA (50% DIAPHRAGM GRADE) a. Must comply with ANSI/AWWA Standard B501-08. b. An affidavit of compliance shall be required. The supplier shall furnish an analysis of each shipment of caustic soda as proof that shipment meets AWWA specifications. c. Fifty percent NaOH (38.75%) for water treatment. d. Bid pricing and invoicing should be by the dry weight pound. e. Deliveries shall be in truckload quantities of 3,500 to 4,000 gallons. The truck shall furnish all of its own unloading equipment to include sufficient air pressure to blow the fill line clear. BID ITEM 6. POTASSIUM PERMANGANATE a. Must comply with ANSI/AWWA Standard B603-03, KMnO. 4 b. Free flowing grade of United States origin (97%) released in 25 kilogram canisters. c. Canisters shall not leak at the chimes, lids, or seams. d. Bid pricing and invoicing should be by the pound. e. Deliveries will be approximately 13,233 pounds each. BID ITEM 7. ANHYDROUS AMMONIA a. Must comply with ANSI/AWWA Standard B305-06. b. Premium grade Ammonia 99.995%, Oil 2ppm, water 33ppm. c. Bid pricing and invoicing should be by the pound. d. Deliveries will be 2,500 to 5000 pounds each. PAGE 18 OF BID #4643 CITY OF DENTON ANNUAL CONTRACT FOR WATER TREATMENT CHEMICALS BID ITEM 8. POLYMER (40% SOLUTION) a. Must comply with ANSI/AWWA Standard B451a-07. b. Currently approved polymers Calgon CatFloc CL-40% Cyanamid 592C WT-40 Magnafloc LT7995 Buckman BLB5040 CPS AgeFloc WT-40 Clairfloc C-318 WT40 c. Must be NSF60 certified for direct additives in potable water. Proof of certification required before or with bid. d. Data sheets must be submitted describing typical properties of handling, storage, etc. A current MSDS must be submitted. e. Highly cationic liquid polymer used for clarification of potable water as a coagulant aid or primary coagulant that is compatible f. Chlorine resistant. g. Bids will be taken on the following shipments: Bulk shipments in quantities of 1,500 to 3,000 gallons per shipment measured in number of pounds per delivery by certified weight tickets with bid price based on quoted minimum shipment of gallons. h. Deliveries must be made within no more than five days after receipt of order. i. Deliveries for either will be off-loaded by the vendor using the necessary hose lengths, lifts, pumps, etc. Inspection of our facility to determine these requirements may be helpful to bidder. j. Bid pricing and invoicing should be by the pound. PAGE 19 OF BID #4643 CITY OF DENTON ANNUAL CONTRACT FOR WATER TREATMENT CHEMICALS BID ITEM 9. LIQUID FERRIC SULFATE 12% as FE+3 (60%) GENERAL REQUIREMENTS 1. The material shall conform to the American Water Works Association Standard B406-06. An affidavit of compliance shall be required. 2. The material shall be certified as suitable for contact with, or treatment of drinking water by an accredited certification organization in accordance with American National Standards Institute/National Sanitation Foundation (ANSI/NSF) Standard 60, Drinking Water Chemicals-Health Effects. 3. Liquid Ferric sulfate shall be free from extraneous materials and shall be transported and delivered at such concentrations and temperature that no freezing occurs. 4. The liquid shall be suitable for feeding by means of metering pumps or other metering devices constructed of corrosion resistant materials. CHEMICAL REQUIREMENTS NO LESS than 12% available ferric ion (Fe3), with specific 1. The material shall contain gravity of 1.55 to 1.60 except by agreement between supplier and purchaser. No additional payment will be made for Liquid Ferric Sulfate, which exceeds the minimum. 2. Water-soluble ferrous ion (Fe2+) shall not exceed 0.5% on a basis of 12% ferric ion in Liquid Ferric Sulfate. No more than 0.2% of the Ferric Sulfate shall be insoluble in Liquid Ferric Sulfate. 3. Free acid shall not exceed 3.5% in Liquid Ferric sulfate. However, the solution must contain enough acid to yield a pH of 2.0 or less. 4. Shall contain less than 100 ppm of Manganese and 10 ppm of chlorides shall be present per each 1% of ferric ion. IMPURITIES 1. The liquid ferric sulfate shall be manufactured from a source of virgin mined iron ore i.e. 2. Ferric Sulfate shall not contain specific impurities in excess of the following limit by weight, for an expected maximum dosage of 100mg/1 based on Ferric sulfate content. The Water Chemicals codex should be consulted if alternative impurity limits are to be considered based on varying dosage levels. Arsenic 10mg/kg Mercury 2mg/kg Cadmium 10mg/kg Silver 50mg/kg Chromium 50mg/kg Selenium 10mg/kg PAGE 20 OF BID #4643 CITY OF DENTON ANNUAL CONTRACT FOR WATER TREATMENT CHEMICALS Lead 50mg/kg 3. Bid pricing and invoicing will be by the wet pound. 4. The bidder shall supply a copy of the most recent NSF certification and copy of the material safety data sheet (MSDS) with the bid. BID ITEM LIQUID OXYGEN 10. a. Must comply with ANSI/AWWA Standard B304-08. b. The material shall be commonly known as Liquid Oxygen (LOX). c. Chemical Requirements: 1. The liquid oxygen shall have a minimum of 99.5% oxygen by volume and shall be suitable for the generation of ozone for the disinfection of drinking water. 2. Type II, Grade B for liquid oxygen. 3. A Material Safety Data Sheet (MSDS) for the product shall accompany the first delivery. d. Impurities: 1. Liquid Oxygen shall not contain any constituents that could result in violation of any present and proposed Federal Drinking Water Standards. 2. Liquid Oxygen shall contain no substances in quantities capable of producing deleterious or injurious effects on the health of those consuming water that has been treated with the ozone produced from the LOX. 3. Liquid Oxygen shall not contain specific impurities in excess of the following limits: Water Content 6.6 ppm Hydrocarbon Content 25 ppm 4. Repairs must be performed in a timely manner in order to minimize equipment down time. 5. The vendor shall perform an annual inspection of the tank and vaporizers and then make any needed repairs on a cost by cost basis. 6. The vendor will respond on site within 24-hours after notification by City of Denton that there is a problem with the LOX Handling Facility on a cost by cost basis. e. Training: 1. The vendor shall conduct a training class in the handling and safety of liquid oxygen at the plant site at the request of the Operations Manager, PAGE 21 OF BID #4643 CITY OF DENTON ANNUAL CONTRACT FOR WATER TREATMENT CHEMICALS Mr. Ken Hurley (940) 349-7626. The training shall meet all the requirements of the Hazard Communications Act. f. Quantity: 1. The bidder shall use up to 800,000 lbs. as the approximate quantity of product to be used during the contract period. Individual Purchase Orders will be issued as needed. The bid will indicate payment on cost per pound. PAGE 22 OF BID #4643 CITY OF DENTON ANNUAL CONTRACT FOR WATER TREATMENT CHEMICALS APPENDIX A PAGE 23 OF BID #4643 CITY OF DENTON ANNUAL CONTRACT FOR WATER TREATMENT CHEMICALS SAFETY RECORD QUESTIONNAIRE (Must Be Submitted With Bid Submittal) The City of Denton desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to Section 252.0435 of the Local Government Code, the City of Denton has adopted the following written definition and criteria for accurately determining the safety record of a bidder prior to awarding bids on City contracts. The definition and criteria for determining the safety record of a bidder for this consideration shall be: The City of Denton shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Denton, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the bidder for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of Health (TDH), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. c. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the bidder and his or her ability to perform the services or goods required by the bid documents in a safe environment, both for the workers and other employees of bidder and the citizens of the City of Denton. PAGE 24 OF BID #4643 CITY OF DENTON ANNUAL CONTRACT FOR WATER TREATMENT CHEMICALS In order to obtain proper information from bidders so that City of Denton may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Denton requires that bidders answer the following three (3) questions and submit them with their bids: QUESTION ONE Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO If the bidder has indicated YES for question number one above, the bidder must provide to City of Denton, with its bid submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. QUESTION TWO Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO If the bidder has indicated YES for question number two above, the bidder must provide to City of Denton, with its bid submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? YES NO If the bidder has indicated YES for question number three above, the bidder must provide to City of Denton, with its bid submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. PAGE 25 OF BID #4643 CITY OF DENTON ANNUAL CONTRACT FOR WATER TREATMENT CHEMICALS ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF DENTON I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire will be investigated, with my full permission, and that any misrepresentations or omissions may cause my bid to be rejected. Signature Title PAGE 26 OF BID #4643 CITY OF DENTON ANNUAL CONTRACT FOR WATER TREATMENT CHEMICALS CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: Each policy shall be issued by a company authorized to do business in the State of A Texas with an A.M. Best Company rating of at least . Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. PAGE 27 OF BID #4643 CITY OF DENTON ANNUAL CONTRACT FOR WATER TREATMENT CHEMICALS Liability policies shall be endorsed to provide the following: Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. Cancellation: The City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date. Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. PAGE 28 OF BID #4643 CITY OF DENTON ANNUAL CONTRACT FOR WATER TREATMENT CHEMICALS SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: General Liability Insurance: [X] A. $500,000 General Liability insurance with combined single limits of not less than shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. Coverage B shall include personal injury. Coverage C, medical payments, is not required. and ISO Form GL 0404) is used, it shall include at least: Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. Automobile Liability Insurance: [X] Contractor shall provide Commercial Automobile Liability insurance with Combined $1,000,000 Single Limits (CSL) of not less than for non-hazardous material and $5,000,000 for hazardous materials either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: any auto, or all owned, hired and non-owned autos. PAGE 29 OF BID #4643 CITY OF DENTON ANNUAL CONTRACT FOR WATER TREATMENT CHEMICALS Workers Compensation Insurance [ ] Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). Owner's and Contractor's Protective Liability Insurance [ ] The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an"occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least $ combined bodily injury and property damage per occurrence with a $ aggregate. Fire Damage Legal Liability Insurance [ ] Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. Professional Liability Insurance [ ] Professional liability insurance with limits not less than $ per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. Builders' Risk Insurance [ ] Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. PAGE 30 OF BID #4643 CITY OF DENTON ANNUAL CONTRACT FOR WATER TREATMENT CHEMICALS Commercial Crime [ ] Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than $ each occurrence are required. Additional Insurance [X] $500,000 Environmental Impairment Liability not less than . PAGE 31 OF BID #4643