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HomeMy WebLinkAboutPR 19655: PURCHASE OF 25% LIQUID SODIUM HYDROXIDE FOR UTILITY OPERATIONS, WITH BRENNTAG SOUTHWEST, INC. DERRICK FREEMAN,MAYOR RAYMOND SCOTT,JR.,MAYOR PRO TEM BRIAN MCDOUGAL CITY MANAGER CIL ERS: TIIFFANY HAMILLTON City of �\ C TSHERRICRETARY'BELLARD,TMRC MORRIS ALBRIGHT 4• KIETH RICHARD VALECIA TIZENO WILLIE"BAE"LEWIS JR. ort r t h u r CITY ATTORNEY OSMAN SWATI CHARLOTTE MOSES texas KAPRINA RICHARDSON FRANK Date: January 12, 2017 To: Brian McDougal, City Manager From: Jimmie Johnson, Ph.D., Assistant City Manager RE: Proposed Resolution No. 19655 Nature of the Request: Request is made that City Council approve Proposed Resolution 19655 to award the contract for the purchase of 25% Liquid Sodium Hydroxide from Brenntag Southwest, Inc. with a projected budgetary impact of$42,000.00. Staff Analysis, Consideration: Liquid Sodium Hydroxide is used to adjust the pH of the drinking water as it is treated in the Water Purification facility. Estimated annual usage is (72) Dry Tons of 25% Sodium Hydroxide. The term of the award is one (1) year. Two (2) vendors submitted bids, which were received on January 5, 2017: Bidder Cost per Dry Ton Est. Annual Total Brenntag Southwest, Inc. $579.00 $42,688.00 Houston, TX DXI Industries. Inc. $609.00 $42,848.00 Houston, TX. The lowest and best bid meeting specifications was from Brenntag Southwest, Inc. of Houston, Texas. Recommendation: I recommend that the City Council approve Proposed Resolution No. 19655. Budget Consideration: This chemical is budgeted in the Utility Operations Department/Wastewater Treatment Account No. 410-1252-532.29-02 (Chemicals). P. R. No. 19655 01/12/17 ds Page 1 of 2 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CONTRACT FOR THE PURCHASE OF 25% LIQUID SODIUM HYDROXIDE FOR THE UTILITY OPERATIONS DEPARTMENT WITH BRENNTAG SOUTHWEST, INC OF HOUSTON, TEXAS. WITH A PROJECTED BUDGETARY IMPACT OF $42,000.00; FUNDS ARE AVAILABLE IN UTILITY OPERATIONS ACCOUNT NO. 410-1252-532.29-02. WHEREAS, the Utility Operations Department routinely utilizes Liquid Sodium Hydroxide to adjust the pH for the effective treatment of purified water in our Water Purification Facility; and, WHEREAS, the Purchasing Division solicited bids from for such Water Treatment Chemicals, as delineated in our Purchasing Policy, on January 5, 2017; and, WHEREAS, bids were solicited from fifteen (15) vendors, and two (2) vendors submitted bids (Exhibit A—bid tabulation); and, WHEREAS, Brenntag Southwest Inc. of Houston, TX was the lowest bid. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the City Manager of the City of Port Arthur is hereby authorized and directed to execute, on behalf of the City of Port Arthur, a one (1) year contract between the CITY OF PORT ARTHUR and BRENNTAG SOUTHWEST INC. OF HOUSTON, TX, for 25% Sodium Hydroxide, attached as Exhibit"B"; and, THAT, the City can terminate this contract at its convenience with ten (10) days written notice; and, THAT, funding for these chemicals is provided for in the Utility Operations O&M budget; and, P. R. No. 19655 01/12/17 ds Page 2 of 2 THAT a copy of the caption of this resolution be spread upon the minutes of the City Council. READ, ADOPTED AND APPROVED THIS day of 2017 at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers: NOES: Derrick Freeman, Mayor ATTEST: APPROVED FOR ADMINISTRATION: Sherri Bellard, TMRC, City Secretary Brian McDougal,City Manager APPROVED AS TO FORM: \4( it bait& Valecia Tizeno, 16 y Attorney Clifton Williams, CPPB Acting Purchasing Manager APPROVED AS TO AVAILABILITY OF FUNDS: )4404/ Harold Hankins Ike Jimmie Johnson, Ph.D. City Comptroller Assistant City Manager Account No. 410-1252-532.29-02 Exhibit "A" (Bid Tabulation) X 'L. o H y = O ..... 0 X G WO O O ":S L u z u H r O L, c.; c CC �a m U 0 E� I*. � O 3 Z -�— ^.y Cd J 5 zc ci C‘) = N X 0 N F" CA kr w O L* > — C _ X ►- O 4" O Q .-4O o E••' V cs O o0 a. O m c�E = L 0 V 'Q m F- C z >, :,) ooH 6 o E � Q a) a V •,,, f CC Q. „ X r U T CA O C> P 7 L' C7 , ,,,, )\-:-- O el'-e--'4 izio C' lil O aI - ! Exhibit "B" PURCHASING CONTRACT AGREEMENT (Brenntag Southwest Inc.) AMENDED CONTRACT AGREEMENT PURCHASE OF SODIUM HYDROXIDE THIS AGREEMENT is made this the of , 2017, by and between an individual, firm partnership or corporation, BRENNTAG SOUTHWEST INC., of HOUSTON, TEXAS hereinafter called "Vendor", and the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called the "Owner" or "City". WITNESSETH: That for and in consideration of the payments, terms, conditions and agreements set forth herein, Owner and Vendor agree as follows: 1. The term of this Contract shall extend one (1) year from February 1, 2017 to January 1, 2018 unless sooner terminated under the provision hereof. The City can terminate this contract at its convenience which includes, but not limited to funding not being available in any budget cycle with ten (10) days written notice. 2. The Vendor will provide Sodium Hydroxide for pH adjustment o f Drinking Water, as delineated and submitted in their bid on January 17, 2017. 3. During the term of this Contract, the Vendor will furnish all of the materials and supplies, as stated in the advertised bid specifications, described as: Sodium Hydroxide 25% 4. The Vendor agrees to deliver all materials on an as-needed basis during the term of this contract, for a bid price of $579/ton for Sodium Hyroxide 25% 5. The term "Contract Documents"means and includes the following: A. Agreement B. Specifications C. General Information D. Bid E. Addendum F. Notice to Proceed G. Revised Proposal 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies each of which shall be deemed an original on the date first above written. SIGNED AND AGREED to on the day of , 2017. WITNESS: CONTRACTOR: BRENNTAG SOUTHWEST INC. By: _ Print Name: Title: SIGNED AND AGREED to on the day of , 2017. WITNESS: CITY OF PORT ARTHUR: City Secretary Brian McDougal, City Manager CITY OF PORT ARTHUR QUOTE SHEET Cilvuf -` 0; ;;'\; ,k (Specifications are attached) ItInrJ rthur`�^ Texas Date of Request: December 27,2016 Department Requesting Quote: Utility Operations Bid Number: P17-012 Services Needed: Water Treatment Chemicals-25%Sodium Hydroxide Quote Due Date&Time: Thursday,January 5,2017 by 3:00 P.M. Delivery: Quotes are to be faxed to(409)983-8291, E-mailed to Yolanda.Goudeaux@portarthurtx.gov Delivered to the Purchasing Div.,2"d floor, City Hall. Questions,Please contact: Yolanda Scypion-Goudeaux, Purchasing Asst. Yolanda.Goudeaux@portarthurtx.gov WATER TREATMENT ITEM# QUANITY UOM CHEMICALS UNIT COST 1 72 DRY TONS 25%Sodium Hydroxide $ 579.00/Dry Ton r. Brenntag Southwest, Inc. 0 )t44 -- C..,C - Company Name Signature W. Thomas Crain, Jr. (713)330-8570 Printed Name Phone 1632 Haden Road (713)450-4699__ Address Fax Houston,Texas 77015 gtollefsenObrenntaq.com City,State,Zip E-mail ) January 4 2017 Clifton Williams,CPPB,Purchasing Manager Date Page 1 of 11 , CITY OF PORT ARTHUR TEXAS WATER TREATMENT CHEMICALS -25% SODIUM HYDROXIDE All chemicals specified herein shall conform to Standard 60 of the American United Laboratory National Standards Institute/National Sanitation Foundation/Underwriter's Laboratory (ANSI/NSF/UL). Conformance with this Standard must be certified by an agency recognized by the TCEQ. Each bidder shall provide such certification to the City, with their bid, along with a current Material Safety Data Sheet (MSDS) for any chemicals supplied per these specifications. All bids are to be F.O.B. at the specified City delivery location in Port Arthur, Texas. The delivery points will include the Water Purification Plant at 1101 H.O. Mills Blvd., Main WWTP at 6300 Procter St. Ext., and the Port Acres WWTP at 2901 W. Hwy. 365, and will be specified on the order. The WWTP's will only receive shipments of liquid chlorine. The City of Port Arthur will not accept demurral charges or freight bills. Shippers shall notify the appropriate City personnel prior to unloading any of the above-mentioned items. Successful bidder, or bidders,must agree to enter into a contract with the City of Port Arthur. The life of the contract will expire on August 2, 2017. Shipments are to be made as needed. No price increases will be allowed for the first ninety (90) days durinr life of the contracts. The estimated quantities stated below are supplied as a basis for bidding purposes only. These quantities were estimated from past experience, and do not obligate the City to purchase these exact amounts All chemical prices shall be firm for 90 days. Thirty (30) days prior written notice must be submitted, along with market justification, for any price changes during the life of the contract. The vendor is required to submit a letter from their supplier to the City of Port Arthur showing any increase or decrease in price to the vendor by their supplier from the previous month. Officers of each company must sign this letter. If there is a price decrease to the vendor by their supplier the City will be riven an equal decrease. The City reserves the right to cancel this contract with fifteen(15) days prior written notice. The City reserves the right to reject any or all bids, and to waive informalities. The City reserves the right to award all items to one responsible bidder, or to award by item. TECHNICAL SPECIFICATIONS Item No. 1 25% (by weight) Sodium Hydroxide—72 dry tons (estimated) Solution should contain approximately 3.2 lbs. of dry sodium hydroxide per gallon. It should contain nothing injurious to the health of consumers of water treated. It shall be free of any foreign material that may cause excessive clogging of strainer or flow control valve. Shipments shall be made in 4,000 to 4,500 gallon loads as ordered, by tank truck. Supplier shall be prepared to deliver under the following conditions. Water Plant storage connection consists of 2" PVC pipe with a 2" stainless steel female quick coupling. Static lift required is 20 feet, and must be blown off with transporter's compressor. The sodium hydroxide to be supplied shall conform to the American Water Works Association Standard B501-75, or the latest revision of this standard. The manufacturer or vendor shall provide an affidavit (signed by an officer of the company) acknowledging that the sodium hydroxide furnished, according to the City of Port Arthur's order, complies with all applicable requirements of AWWA Standards. Page 2of11 CITY OF PORT ARTHUR,TEXAS NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS § By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at 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 the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Name: W.Thomas Crain Jr. Title: President , Company: Brenntag Southwest,Inc. Date: January 4,2017 SUBSCRIBED and sworn to before me by the above named W.Thom s Crain,Jr. on this the 4th day of January , 20 17 . &Ili Not- •ublic in and or the Sta - of Texas My commission expires: )9/200 tine o[iB•, KNORI&ATARY CADPUBLICENHEAD : *: IDH 130800221 ote. coi IFei post ztr s 1(>ZU Page 3 of 11 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: X I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Brenntag Southwest, Inc. January 4,2017 Firm Name Date President Authorized Signatury Title W.Thomas Crain, Jr. (713)330-8570 Name(please print) Telephone gtollefsen@brenntag.com Email STATE: Texas COUNTY: Dallas SUBSCRIBED AND SWORN to before me by the above named W.Thomas Crain,Jr. on this the 4th day of January ,20 17 �rlivf+$a KRISt,ACADENHEAD r .. NOTARY PUBLIC `*' ;*; IDA 1 it ;�,. 0. 3o80D221 Texas ata Pu h � e .,feA '" COMMC Exp.Stale loa-2y. RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 4 of 11 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23,84th Leg., Regular Session.. OFRCEUSE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be Med. See Section 176.006(a-i),Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.008,Local Government Code.An offense under tics section is a misdemeanor. 41 Name of vendor who has a business relationship with local governmental entity. Brenntag Southwest, Inc. Jn I 1 Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was Incomplete or Inaccurate.) Name of local government officer about whom the information is being diisdosed. NONE Name of Officer Al Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(aX2XA). Also describe any family relationship with the local government officer. Complete subparts Aand B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable Income, other than investment Income,from the vendor? 1 ] Yes [] No B. Is the vendor receiving or likely to receive taxable income,other than Investment Income,from or at the direction of the local government officer or a family member of the officer AND the taxable Income Is not received from the local governmental entity? n Yes No Describe each employment or business relationship that the vendor named In Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership Interest of one percent or more. None flCheck this box If the vendor has given the local government officer or a family member of the officer one or mare gifts as described In Section 176.003(a)(2)(B), excluding gifts described In Section 176.003(a-1). v"• /7[ rr 9-— January 4,2017 Signature of v or doing busine s with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 6 of 11 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s)deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. Page 7 of 11 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics,the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur. Attn.: Utility Operations Department,P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license,privilege or paying money to any-one owing delinquent taxes,paving assessments Page 8of11 or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty(30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this Page 9 of 11 contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 2. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided,minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the Page 10of11 work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen(15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten(10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period,the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 11 of 11 1/52017 Listing Category Search Page I NSF International Sodium Hydroxide 2o% Corrosion&Scale Control 25omg/L Sodium Hydroxide 25% Corrosion&Scale Control 2oomg/L Sodium Hydroxide 30% Corrosion&Scale Control 167mg/L Sodium Hydroxide 50% Corrosion&Scale Control loomg/L Facility : Nowata, OK Sodium Hydroxide Trade Designation Product Function Max Use Sodium Hydroxide 20% Corrosion&Scale Control 25omg/L Sodium Hydroxide 25% Corrosion&Scale Control 2oomg/L Sodium Hydroxide 30% Corrosion&Scale Control 167mg/L Sodium Hydroxide 50% Corrosion&Scale Control loomg/L Facility : Sand Springs, OK Sodium Hydroxide Trade Designation Product Function Max Use Sodium Hydroxide 20% Corrosion&Scale Control 25omg/L Sodium Hydroxide 25% Corrosion&Scale Control 20omg/L Sodium Hydroxide 30% Corrosion&Scale Control 167mg/L Sodium Hydroxide 50% Corrosion&Scale Control ioomg/L Facility : Houston, TX Sodium Hydroxide Trade Designation Product Function Max Use Caustic Soda 20% Diaphragm Corrosion&Scale Control 25omg/L Caustic Soda 25% Diaphragm Corrosion&Scale Control 200mg/L Caustic Soda 30%Diaphragm Corrosion&Scale Control 167mg/L Caustic Soda 50% Diaphragm Corrosion&Scale Control ioomg/L Sodium Hydroxide 20% Corrosion&Scale Control •25omg/L Sodium Hydroxide 25% Corrosion&Scale Control 2oomg/L Sodium Hydroxide 30% Corrosion&Scale Control 167mg/L Sodium Hydroxide 50% Corrosion&Scale Control loomg/L htipJfinfo.nstorg/Certified/PwsChemicals/t.is6ngs.asp?CompanyN aim=&enntag+Southwrest&TradeName=BiChem ical Name=Sod om+Hydroxide&ProductF... 213 1/5/2017 Listing Category Search Page I NSF lrtternational [HP] Use of this product shall be followed by chlorination to remove levels of hydrogen peroxide. Chlorine residuals shall not exceed 4 mg/L, the EPA's proposed maximum residual level. NOTE: Only products bearing the NSF Mark are NSF Certified. Facility : Houston,TX Sodium Hydroxide Trade Designation Product Function Max Use Sodium Hydroxide Corrosion&Scale Control 100 mg/L pH Adjustment Facility : Lancaster,TX Sodium Hydroxide Trade Designation Product Function Max Use 20% Liquid Caustic Soda Corrosion&Scale Control 25omg/L 25%Liquid Caustic Soda Corrosion&Scale Control 2oomg/L 30% Liquid Caustic Soda Corrosion&Scale Control 167mg/L 50% Liquid Caustic Soda Corrosion&Scale Control ioomg/L Sodium Hydroxide 20% Corrosion&Scale Control 25omg/L Sodium Hydroxide 25% Corrosion&Scale Control 2oomg/L Sodium Hydroxide 30% Corrosion&Scale Control 167mg/L Sodium Hydroxide 50% Corrosion&Scale Control ioomg/L Number of matching Manufacturers is i Number of matching Products is 30 Processing time was o seconds httpJfiinfo.nstorg/CertifiectewsC hemicals/Listings.asp?CompanyName=&enntag+Southwest&TradeName &Chemi cal Name=Sodum+Hydroxide&ProductF... 3/3 BRENNTAGINIE SAFETY DATA SHEET 1. Identification Product identifier SODIUM HYDROXIDE 26% DIA NSF Other means of identification None. Recommended use ALL PROPER AND LEGAL PURPOSES Recommended restrictions None known. Manufacturer/Importer/Supplier/Distributor information Manufacturer Company name Brenntag Southwest, Inc. Address 610 Fisher Road Longview,TX 75604 Telephone 903-759-7151 E-mail Not available. Emergency phone number 800-424-9300 CHEMTREC 2. Hazard(s) identification Physical hazards Not classified. Health hazards Skin corrosion/irritation Category 1A Serious eye damage/eye irritation Category 1 Environmental hazards Not classified. OSHA defined hazards Not classified. Label elements Signal word Danger Hazard statement Causes severe skin bums and eye damage.Causes serious eye damage. Precautionary statement Prevention Do not breathe mist or vapor.Wash thoroughly after handling.Wear protective gloves/protective clothing/eye protection/face protection. Response If swallowed: Rinse mouth. Do NOT induce vomiting. If on skin(or hair):Take off immediately all contaminated clothing.Rinse skin with water/shower, If inhaled:Remove person to fresh air and keep comfortable for breathing. If in eyes:Rinse cautiously with water for several minutes. Remove contact lenses,if present and easy to do.Continue rinsing. Immediately call a poison center/doctor.Wash contaminated clothing before reuse. Storage Store locked up. Disposal Dispose of contents/container in accordance with local/regional/national/international regulations. Hazard(s)not otherwise None known. classified(HNOC) Supplemental information None. 3. Com position/information on ingredients Mixtures Chemical name Common name and synonyms CAS number SODIUM HYDROXIDE(NA(OH)) 1310-73-2 25 Other components below reportable levels 75 'Designates that a specific chemical identity and/or percentage of composition has been withheld as a trade secret. Material name:SODIUM HYDROXIDE 25%DIA NSF SOS US 591311 Version#:03 Revision date:08-30-2018 Issue date:05-07-2016 1 /7 4. First-aid measures Inhalation Move to fresh air. Call a physician if symptoms develop or persist. Skin contact Take off immediately all contaminated clothing. Rinse skin with water/shower.Call a physician or poison control center immediately.Chemical burns must be treated by a physician.Wash contaminated clothing before reuse. Eye contact Immediately flush eyes with plenty of water for at least 15 minutes.Remove contact lenses,if present and easy to do.Continue rinsing.Call a physician or poison control center immediately. Ingestion Call a physician or poison control center immediately. Rinse mouth. Do not induce vomiting.If vomiting occurs, keep head low so that stomach content doesn't get into the lungs. Most important Burning pain and severe corrosive skin damage.Causes serious eye damage.Symptoms may symptoms/effects,acute and include stinging,tearing,redness,swelling,and blurred vision. Permanent eye damage including delayed blindness could result. Indication of immediate Provide general supportive measures and treat symptomatically.Chemical burns: Flush with water medical attention and special immediately.While flushing,remove clothes which do not adhere to affected area.Call an treatment needed ambulance.Continue flushing during transport to hospital.Keep victim under observation. Symptoms may be delayed. General information Ensure that medical personnel are aware of the material(s)involved,and take precautions to protect themselves. 5. Fire-fighting measures Suitable extinguishing media Water fog. Foam. Dry chemical powder.Carbon dioxide(CO2). Unsuitable extinguishing Do not use water jet as an extinguisher,as this will spread the fire. media Specific hazards arising from During fire,gases hazardous to health may be formed. the chemical Special protective equipment Self-contained breathing apparatus and full protective clothing must be worn in case of fire. and precautions for firefighters Fire fighting Move containers from fire area if you can do so without risk. equipment/instructions Specific methods Use standard firefighting procedures and consider the hazards of other Involved materials. General fire hazards No unusual fire or explosion hazards noted. 6.Accidental release measures Personal precautions, Keep unnecessary personnel away. Keep people away from and upwind of spilUleak.Wear protective equipment and appropriate protective equipment and clothing during clean-up. Do not breathe mist or vapor. Do emergency procedures not touch damaged containers or spilled material unless wearing appropriate protective clothing. Ensure adequate ventilation. Local authorities should be advised if significant spillages cannot be contained. For personal protection,see section B of the SDS. Methods and materials for Large Spits:Stop the flow of material, if this is without risk. Dike the spilled material,where this is containment and cleaning up possible.Absorb in vermiculite,dry sand or earth and place into containers. Following product recovery,flush area with water. Small Spills:Wipe up with absorbent material(e.g.cloth,fleece).Clean surface thoroughly 10 remove residual contamination. Never return spills to original containers for re-use. For waste disposal,see section 13 of the SDS. Environmental precautions Avoid discharge into drains,water courses or onto the ground. 7. Handling and storage Precautions for safe handling Do not breathe mist or vapor. Do not get in eyes,on skin,or on clothing. Provide adequate ventilation.Avoid prolonged exposure.Wear appropriate personal protective equipment.Observe good industrial hygiene practices. Conditions for safe storage, Store locked up. Store in original tightly closed container.Store away from incompatible materials including any incompatibilities (see Section 10 of the SDS). Material name:SODIUM HYDROXIDE 25%DIA NSF SOS US 591311 Version#:03 Revision date:08-30-2016 Issue date:05-07-2016 2/7 8. Exposure controls/personal protection Occupational exposure limits US.OSHA Table Z-1 Limits for Air Contaminants(29 CFR 1910.1000) Components Type Value SODIUM HYDROXIDE PEL 2 mg/m3 (NA(OH))(CAS 1310-73-2) US.ACGIH Threshold Limit Values Components Type Value SODIUM HYDROXIDE Ceiling 2 mg/m3 (NA(OH))(CAS 1310-73-2) US.NIOSH: Pocket Guide to Chemical Hazards Components Type Value SODIUM HYDROXIDE Ceiling 2 mg/m3 (NA(OH))(CAS 1310-73-2) Biological limit values No biological exposure limits noted for the ingredient(s). Appropriate engineering Good general ventilation(typically 10 air changes per hour)should be used.Ventilation rates controls should be matched to conditions. If applicable,use process enclosures,local exhaust ventilation, or other engineering controls to maintain airborne levels below recommended exposure limits. If exposure limits have not been established,maintain airborne levels to an acceptable level. Eye wash facilities and emergency shower must be available when handling this product. Individual protection measures,such as personal protective equipment The following are recommendations for Personnel Protective Equipment(PPE).The employer/user of this product must perform a Hazard Assessment of the workplace according to OSHA regulations 29 CFR 1910.132 to determine the appropriate PPE for use while performing any task involving potential exposure to this product. Eye/face protection Wear safety glasses with side shields(or goggles)and a face shield. Skin protection Hand protection Wear appropriate chemical resistant gloves.Suitable gloves can be recommended by the glove supplier. Other VVear appropriate chemical resistant clothing. Respiratory protection In case of insufficient ventilation,wear suitable respiratory equipment. Thermal hazards Wear appropriate thermal protective clothing,when necessary. General hygiene Always observe good personal hygiene measures,such as washing after handling the material considerations and before eating,drinking,and/or smoking. Routinely wash work clothing and protective equipment to remove contaminants. 9. Physical and chemical properties Appearance Physical state Liquid. Form Liquid. Color CLEAR TO HAZY Odor ODORLESS Odor threshold Not available. pH Not available. Melting point/freezing point -1 °F(-18.33°C) Initial boiling point and boiling 791.6°F(422°C)estimated range Flash point Not available. Evaporation rate Not available. Flammability(solid,gas) Not applicable. Upper/lower flammability or explosive limits Flammability limit-lower Not available. I%) Flammability limit-upper Not available. (%) Material name:SODIUM HYDROXIDE 25%DIA NSF SOS US 591311 Version#:03 Revision date:08-30-2018 Issue date:05-07-2018 3/7 Explosive limit-lower(%) Not available. Explosive limit-upper(%) Not available. Vapor pressure Not available. Vapor density Not available. Relative density Not available. Solubility(ies) Solubility(water) Not available. Partition coefficient Not available. (n-octanollwater) Auto-ignition temperature Not available. Decomposition temperature Not available. Viscosity Not available. Other information Density 10.66 lbs/gal Explosive properties Not explosive. Oxidizing properties Not oxidizing. Percent volatile 75%estimated Specific gravity 1.28 10. Stability and reactivity Reactivity The product is stable and non-reactive under normal conditions of use,storage and transport. Chemical stability Material is stable under normal conditions. Possibility of hazardous Hazardous polymerization does not occur. reactions Conditions to avoid Contact with incompatible materials. Incompatible materials Strong acids. Hazardous decomposition No hazardous decomposition products are known. products 11. Toxicological information Information on likely routes of exposure Inhalation May cause irritation to the respiratory system.Prolonged inhalation may be harmful. Skin contact Causes severe skin burns. Eye contact Causes serious eye damage. Ingestion Causes digestive tract bums. Symptoms related to the Burning pain and severe corrosive skin damage.Causes serious eye damage. Symptoms may physical,chemical and include stinging,tearing,redness,swelling,and blurred vision. Permanent eye damage including toxicological blindness could result. characteristics Information on toxicological effects Acute toxicity Not available. Skin corrosion/irritation Causes severe skin bums and eye damage. Serious eye damage/eye Causes serious eye damage. irritation Respiratory or skin sensitization Respiratory sensitization Not a respiratory sensitizer. Skin sensitization This product is not expected to cause skin sensitization. Germ cell mutagenicity No data available to indicate product or any components present at greater than 0.1%are mutagenic or genotoxic. Carcinogenicity This product is not considered to be a carcinogen by IARC,ACGIH, NTP,or OSHA. IARC Monographs.Overall Evaluation of Carcinogenicity Not listed. Material name:SODIUM HYDROXIDE 25%DIA NSF SDS US 591311 Version#:03 Revision date:08-30-2016 Issue date:05-07-2018 4/7 OSHA Specifically Regulated Substances(29 CFR 1910.1001-1050) Not regulated. US.National Toxicology Program(NTP)Report on Carcinogens Not listed. Reproductive toxicity This product is not expected to cause reproductive or developmental effects. Specific target organ Not classified. toxicity-single exposure Specific target organ Not classified. toxicity-repeated exposure Aspiration hazard Not an aspiration hazard. Chronic effects Prolonged inhalation may be harmful. 12. Ecological information Ecotoxicity The product is not classified as environmentally hazardous. However,this does not exclude the possibility that large or frequent spills can have a harmful or damaging effect on the environment. Components Species Test Results SODIUM HYDROXIDE(NA(OH))(CAS 1310-73-2) Aquatic Crustacea EC50 Water flea(Ceriodaphnia dubla) 34.59-47.13 mg/I,48 hours Fish LC50 Western mosquitofish(Gambusia affinis) 125 mg/I,96 hours 'Estimates for product may be based on additional component data not shown. Persistence and degradability No data is available on the degradability of this product. Bioaccumulative potential No data available. Mobility in soil No data available. Other adverse effects No other adverse environmental effects(e.g.ozone depletion, photochemical ozone creation potential,endocrine disruption,global warming potential)are expected from this component. 13. Disposal considerations Disposal instructions Collect and reclaim or dispose in sealed containers at licensed waste disposal site.Dispose of contents/container in accordance with local/regional/nationaVintemational regulations. Local disposal regulations Dispose in accordance with all applicable regulations. Hazardous waste code The waste code should be assigned in discussion between the user,the producer and the waste disposal company. Waste from residues/unused Dispose of in accordance with local regulations. Empty containers or liners may retain some products product residues.This material and its container must be disposed of in a safe manner(see: Disposal instructions). Contaminated packaging Since emptied containers may retain product residue,follow label warnings even after container is emptied.Empty containers should be taken to an approved waste handling site for recycling or disposal. 14. Transport information DOT UN number UN1824 UN proper shipping name SODIUM HYDROXIDE SOLUTION Transport hazard class(es) Class 8 Subsidiary risk - Packing group II Special precautions for user Read safety instructions,SDS and emergency procedures before handling. ERG number 154 DOT information on packaging may be different from that listed. Material name:SODIUM HYDROXIDE 25%DIA NSF SOS US 591311 Version#:03 Revision date:08-30-2016 Issue date:05-07-2018 5/7 DOT A4. k CORROSIVE 8 15. Regulatory information US federal regulations This product is a"Hazardous Chemical as defined by the OSHA Hazard Communication Standard,29 CFR 1910.1200. TSCA Section 12(b)Export Notification(40 CFR 707,Subpt.D) Not regulated. CERCLA Hazardous Substance List(40 CFR 302.4) SODIUM HYDROXIDE(NA(OH))(CAS 1310-73-2) Listed. SARA 304 Emergency release notification Not regulated. OSHA Specifically Regulated Substances(29 CFR 1910.1001-1050) Not regulated. Superfund Amendments and Reauthorization Act of 1986(SARA) Hazard categories Immediate Hazard-Yes Delayed Hazard-No Fire Hazard-No Pressure Hazard-No Reactivity Hazard-No SARA 302 Extremely hazardous substance Not listed. SARA 311/312 Hazardous Yes chemical SARA 313(TRI reporting) Not regulated. Other federal regulations Clean Air Act(CAA)Section 112 Hazardous Air Pollutants(HAPS)List Not regulated. Clean Air Act(CAA)Section 112(r)Accidental Release Prevention(40 CFR 68.130) Not regulated. Safe Drinking Water Act Not regulated. (SDWA) US state regulations US.California Controlled Substances.CA Department of Justice(California Health and Safety Code Section 11100) Not listed. US.California.Candidate Chemicals List.Safer Consumer Products Regulations(Cal.Code Regs,tit.22,69502.3,subd. (a)) SODIUM HYDROXIDE(NA(OH))(CAS 1310-73-2) US.Massachusetts RTK-Substance List SODIUM HYDROXIDE(NA(OH))(CAS 1310-73-2) US.New Jersey Worker and Community Right-to-Know Act SODIUM HYDROXIDE(NA(OH))(CAS 1310-73-2) US.Pennsylvania Worker and Community Right-to-Know Law SODIUM HYDROXIDE(NA(OH))(CAS 1310-73-2) US.Rhode Island RTK SODIUM HYDROXIDE(NA(OH))(CAS 1310-73-2) Material name:SODIUM HYDROXIDE 25%DIA NSF SOS us 591311 Version#:03 Revision date:08-30-2016 Issue date:05-07-2018 6/7 US.California Proposition 65 California Safe Drinking Water and Toxic Enforcement Act of 1986(Proposition 65):This material is not known to contain any chemicals currently listed as carcinogens or reproductive toxins. International Inventories Country(s)or region Inventory name On inventory(yes/no)" Australia Australian Inventory of Chemical Substances(AICS) Yes Canada Domestic Substances List(DSL) Yes Canada Non-Domestic Substances List(NDSL) No China Inventory of Existing Chemical Substances in China(IECSC) Yes Europe European Inventory of Existing Commercial Chemical Yes Substances(EINECS) Europe European List of Notified Chemical Substances(ELINCS) No Japan Inventory of Existing and New Chemical Substances(ENCS) Yes Korea Existing Chemicals List(ECL) Yes New Zealand New Zealand Inventory Yes Philippines Philippine Inventory of Chemicals and Chemical Substances Yes (PICCS) United States& Puerto Rico Toxic Substances Control Act(TSCA)Inventory Yes 'A"Yes"indicates that all components of this product comply with the inventory requirements administered by the governing country(s) A"No"indicates that one or more components of the product are not listed or exempt from listing on the inventory administered by the governing country(s). 16. Other information, including date of preparation or last revision Issue date 05-07-2016 Revision date 08-30-2016 Version# 03 HMIS®ratings Health:3 Flammability:0 Physical hazard:0 NFPA ratings Health:3 Flammability:0 Instability: 1 Disclaimer While Brenntag believes the information contained herein to be accurate, Brenntag makes no representation or warranty,express or implied,regarding,and assumes no liability for,the accuracy or completeness of the information. The Buyer assumes all responsibility for handling, using and/or reselling the Product in accordance with applicable federal,state,and local law. This SDS shall not in any way limit or preclude the operation and effect of any of the provisions of Brenntag's terms and conditions of sale. Revision information Hazard(s)identification: Prevention First-aid measures: Eye contact First-aid measures: Ingestion Accidental release measures: Personal precautions,protective equipment and emergency procedures Handling and storage: Precautions for safe handling Exposure controls/personal protection: Eye/face protection Exposure controls/personal protection:Respiratory protection Physical and chemical properties: Flammability(solid,gas) Toxicological information:Aspiration hazard Material name:SODIUM HYDROXIDE 25%DIA NSF SOS US 591311 Version#:03 Revision date:08-30-2016 Issue date:05-07-2016 7/7 Sterl i n Water Technologies January 5, 2017 Yolanda Scypion-Goudeaux, Purchasing Agent City of Port Arthur,TX Utility Operations, Purchasing Division 2nd Floor, City Hall Port Arthur,TX 77641 Bid Due: 1/5/17 @ 3 PM Bid Name: Water Treatment Chemicals-P17-012 Thank you for the opportunity to submit our bid on your chemical requirements. However, we are unable to offer a competitive bid at this time. May we please have a tabulation of the bids received after the referenced bid opening? This would assist us tremendously should we decide to bid on these products next year. If it is convenient for you, please fax the bid results to the following: Attn:Bid Department at (931) 540- 1338, or email them to sales@sterlingwatertech.com Thank you. Sincerely, Sterling Water Technologies LLC Bid Administration Department Customer Service 800.426.2428 • Phone 931.540.1334 • F,ix 931.540.1338 P.O. Box 602, Columbia, TN 38402-0602 • www.sterlingwatertech.com u.. CITY OF PORT ARTHUR QUOTE SHEET ';," ,til (Specifications are attached) �i nrt rtbu�1 Ti un Date of Request: December 27,2016 Department Requesting Quote: Utility Operations Bid Number: P17-012 Services Needed: Water Treatment Chemicals-25%Sodium Hydroxide Quote Due Date&Time: Thursday,January 5,2017 by 3:00 P.M. Delivery: Quotes are to be faxed to(409)983-8291, E-mailed to Yolanda.Goudeaux@portarthurtx.gov Delivered to the Purchasing Div., 2"d floor, City Hall. Questions,Please contact: Yolanda Scypion-Goudeaux, Purchasing Asst. Yolanda.Goudeaux@portarthurtx.gov WATER TREATMENT ITEM# QUANITY UOM CHEMICALS UNIT COST l 72 DRY TONS 25%Sodium Hydroxide $ 609.001 DST r /fv �._.3 \\of/ telt/A/DXI tndustries, Inc. � Company Name Stature Foster S.Herman 281-457-4828 Printed Name Phone 1919 Jacintoport Blvd 281-457-4807 Address Fax Houston,TX,77229 fherman@dxgroup.com City,State,Zip E-mail Clifton Williams,CPPB,Purchasing Manager Date Page 1of11 CITY OF PORT ARTHUR,TEXAS NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS § By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at 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 the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Name: r' r DP Title: cell SAcc tepk4kreiaAbAU-er- Company: QEMie Date: 1-0L20I L SU CRIBED and sworn to before me by the above named this the y ofI wv. , 20 la. abt, Notary Public in and for the SCER State of Texas suti of Ten Com 47•0 a My commission expires: Page 3 of 11 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: JI hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. _ I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. OXO- l )5Ac ies, c, I —d-1- ac,I b Firm Name Date ■!i 1L e .. ' s - • uthorized Signature Title V-0 er Cuff 1.641 aE31 r LIS 7-q3zfe5 Name(please print) Telephone clAP 1 ,c 00-9.e'at"1 Email STATE: T'Q,,X,a5 COUNTY: ;5 SUBSCRIBED AND SWORN to before me by the above named losker S, i"1,0r1 on this the 4-4-1•& day of (�triyt ,201 . MHSCHNEIDER J yalabit#,6d NOTAR1f P1IBLHC 6�33�wv__ Qt�Is� otrmm No ry Public Comm.E, .osrnrlme RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 4 of 11 City of Port Arthur,Texas • CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity Thts questionnaire reflects changes made to the law by H.B.23,84th Leg.,Regular Session. OFACEUSEONLY This questionnaire Is being filed In accordance with Chapter 178,Local Government Coda,by a vendor who Oats Ranched has a business relationship as defined by Section 176.001(1•a)with a local governmental entity and the vendor meets requirements under Section 176.006(a). By taw this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day alter the date the vendor becomes aware effects that require the statement to be flied. See Section 176.00$(a-1),Local Government Code. A vendor commits an offense it the vendor knowingly violates Section 175.008,Local Government Code.An offense under this section Is a misdemeanor. J Name of vendor who has a business relationship with local governmental entity. None J Check this box if you are filing an update to a previously flied questionnaire.(The taw requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the Information Is being disclosed. None Name of Officer i Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(8)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described.Attach additional pages to this Form CID as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income,from the vendor? El Yes I-1No B. Is the vendor receiving or likely to receive taxable income,other than Investment Income,from or at the direction of the local government officer or a family member of the officer AND the taxable income Is not received from the local governmental entity? nYes nNo r Describe each employment or business relationshipthat the vendor named In Section 1 maintains with a corporation rporallon or other business entity with respect 10 which the local government officer serves as an officer or director,or holds an ownership Interest of one percent or more. EDCheck this box if the vendor has given the focal government officer or a family member of the officer one or more gifts as described In Section 176.003(a)(2)(B), excluding gifts described In Section 176.003(a-1). 2 /- S gnetvendor doing business with the governmental entity to Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11130/2015 ACORO® DATE(MMIDDIYYYY) �� CERTIFICATE OF LIABILITY INSURANCE 1/4/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER John L.Wortham&Son, L.P. NAME: John L.Wortham&Son,L.P. PO Box 1388 PHONE e.Ext), 713-526-3366 ((A//C Houston,TX 77251-1388 INC.E-MANo. No): 713-521-1951 ADDRESS: INSURERS)AFFORDING COVERAGE NAIC a www.worthaminsurance.com INSURER A: AIG Specialty Insurance Company 26883 INSURED INSURER B: Commerce&Industry Insurance Co. 19410 DXIndustries, Blvd. 1919 JacintoportBINSURER c: Granite State Insurance Company 23809 Houston TX 77015 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 33614517 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL sum POUCY EFF POLICY EXP LTTYPE OF INSURANCE ANSI) WVD POUCY NUMBER (MMM/DD/YYYTI MIDDIYYYYI LIMITS A ,/ COMMERCIAL GENERAL UABIUTY EG5430840 5/1/2016 5/1/2017 EACH OCCURRENCE S 1,000,000 I CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $ 300.000 Retro Date 5/15/198625,000 MED EXP(Any one person) $ PERSONAL 8.ADV INJURY $ 1,000,000 G�GEEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRO- - POLICY JECCT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY CA7058788 5/1/2016 5/1/2017 COMBINEDSINGLEUMIT $ ear 1,000,000 ir ANY AUTO BODILY INJURY(Per person) S OWNED ^SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY ^_ALTOS HIRED NON-OWNED PROPERTY DAMAGE S AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA UAB _ OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE S DED RETENTION S $ C WORKERS COMPENSATION WCO21569627 5/1/2016 5/1/2017 PER OTH- AND EMPLOYERS'LIABILITY Y/N f STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory In NH) E.L DISEASE-EA EMPLOYEE S 1,000,000 U yes describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Certificate Holder is named as Additional Insured as required by written contract per the attached endorsements. CERTIFICATE HOLDER CANCELLATION Cil of Port Arthur, its officers,agents and SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE em o PoS g THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN y ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 1089 Port Arthur TX 77641 AUTHORIZED REPRESENTATIVE (l,/�`�I, l I John L Wortham&Son,L.P.1/111 •Oe J��JJO/� � ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 33614517 110DXHOLDIN 116-17 GL-Auto-WC-Uebr-Poll. 1 (HOU) David Rojas 11/4/2017 9:38,37 AN (CDT) 1 Page 1 of 3 ENDORSEMENT NO. This endorsement, effective 12:01 AM, 5/1/2016 Forms a part of Policy No: EG 5430840 Issued to: DXI Industries,Inc. By: AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT - OWNERS, LESSEES OR CONTRACTORS - YOUR WORK This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY POLICY SCHEDULE Name of Additional Insured Person(s) or Organization(s): City of Fort Worth, Financial Management Services Department, ATTN Purchasing Division, Hoyer-Odfjell Thermal Sewer, The City of Des Moines, IA including all of its elected and appointed officials, all its members, employees and volunteers, all its boards, commission and/or authorities and their board members, employees and volunteers are included as additional insureds, Blanket as required by written contract or written agreement Location(s) of Covered Operation(s): As specified in the respective written contracts or written agreements I. Solely as respects COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY, COVERAGE E-2 PRODUCTS POLLUTION AND EXPOSURE LIABILITY, and COVERAGE E-3 - CONTRACTORS POLLUTION LIABILITY, SECTION II - WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury, property damage, personal and advertising injury, environmental damage or emergency response costs caused, in whole or in part, by: A. Your acts or omissions; or B. The acts or omissions of those acting on your behalf; in the performance of your work for the additional insured(s) at the location(s) designated above. II. As respects the coverage afforded the additional insured(s) scheduled above, this insurance is primary and non-contributory, and our obligations are not affected by any other insurance carried by such additional insured(s) Mettler primary, excess, contingent, or on any other basis. All other terms, conditions and exclusions shall remain the same. AUTHORIZE REPRESENTATIVE or countersignature (in states where applicable) 103393 (10/09) PAGE 1 OF 1 C 14406 33614517 110DXHOLDIN I 16-17 CL-Auto-WC-17Obr-Poll4 I (HOU) David Rojas 11/4/2017 9:38:37 AM (CDT) 1 Page 2 of 3 POLICY NUMBER: CA 705-87-88 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Co- verage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: DXI Industries,Inc. Endorsement Effective Date:5/1/2016 SCHEDULE Name Of Person(s) Or Organization(s): WHERE REQUIRED BY CONTRACT OR AGREEMENT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule of Section II - Covered Autos Liability Coverage in is an "insured" for Covered Autos Liability Cover- the Business Auto and Motor Carrier Coverage age, but only to the extent that person or organ- Forms and Paragraph D.2. of Section I - Covered ization qualifies as an "insured" under the Who Is Autos Coverages of the Auto Dealers Coverage An Insured provision contained in Paragraph A.1. Form. CA 20 48 10 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1 33614517 1 100XHOLDIN 1 16-17 GL-Auto-NC-Umbr-Po114 1 (HOU) David Rojae 1 1/4/2017 9:38:37 AM (CDT) 1 Page 3 of 3