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HomeMy WebLinkAboutPR 19905: CONTRACT APPROVALS FOR WATER TREATMENT CHEMICALS • ,\ \ I,// City of di ua-! rthttr Texus INTEROFFICE MEMORANDUM Date: October 17, 2017 To: The Honorable Mayor and City Council Through: Brian McDougal, City Manager From: Jimmie Johnson, Ph.D.,Assistant City Manager RE: PR 19905 —Contract Approvals for Water Treatment Chemicals Introduction: The intent of this Agenda Item is to seek City Council's approval for City Manager to enter into contracts for various treatment chemicals for the Water Purification and Wastewater Treatment Plants. Background: On August 28, 2017,the Purchasing Department solicited bids from 9 companies for 7 different treatment chemicals used in water purification and wastewater treatment. The Bid Tabulation is attached as Exhibit A. 1 Budget Impact: The total budgetary impact for these chemicals is $360,260.00. The O&M Budget Account numbers are Treatment Chemicals, 410-1252-532.29-02 (Purification)and 410-1256-532.29-02 (Wastewater Treatment). Recommendation: It is recommended that City Council adopt Proposed Resolution No. 19905, which authorizes City Manager to enter into contracts for various treatment chemicals for the Water Purification and Wastewater Treatment Plants. "Remember,we are here to serve the Citizens of Port Arthur" P.R. No. 19905 10/17/17 ct Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF CONTRACTS FOR THE PURCHASE OF WATER AND WASTEWATER TREATMENT CHEMICALS FOR UTILITIES OPERATIONS DEPARTMENT WITH SHRIEVE CHEMICAL CO., BRENNTAG SOUTHWEST, INC., DXI INDUSTRIES, INC., PENCCO, INC., AND SHANNON CHEMICAL CORP. WITH A PROJECTED BUDGETARY IMPACT OF $396,559.50. BUDGETED FUNDS ARE AVAILABLE IN WATER PURIFICATION AND WASTEWATER TREATMENT DIVISIONS ACCOUNT NOS. 410-1252-532.29-02 & 410-1256-532.29-02, TREATMENT CHEMICALS. WHEREAS, Utilities Operations Department routinely utilizes various water and wastewater treatment chemicals to treat drinking water and wastewater at various treatment facilities throughout the City; and, WHEREAS, Purchasing Division has solicited bids for such water and wastewater treatment chemicals, as delineated in City of Port Arthur Purchasing Policy, and nine (9) vendors submitted bids as of September 6, 2017; and, WHEREAS, the bids have been evaluated by Utilities Operations and Purchasing (bid tabulation attached as Exhibit"A"); NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, City Manager of City of Port Arthur is hereby authorized and directed to execute one year contracts (with the option to renew for one additional year) between City of Port Arthur and Shrieve Chemical Company,Brenntag Southwest,Inc.,DXI Industries, Inc.,Pencco,Inc., and Shannon Chemical Corporation, for the unit prices shown in the Bid Tabulation (attached as Exhibit "A"), and as shown in the individual contracts attached as Exhibits "B", "C", "D", "E", and"F"; and, THAT, City will reject the one bid for anhydrous ammonia and rebid for better pricing; and, P.R. No. 19905 10/17/17 et Page 2 of 3 THAT, City of Port Arthur can terminate any of these contracts at its convenience with ten days' written notice; and, THAT, funding for these chemicals is provided in Utilities Operations O&M budget; and, 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: Derek Freeman Mayor ATTEST: APPROVED FOR ADMINISTRATION: Sherri Bellard Brian McDougal City Secretary City Manager APPROVED AS TO FORM: at,Q.. j ( / ii:� oi Valecia Tizeno Clift Williams, CPPB City Attorney Purchasing Manager P.R. No. 19905 10/17/17 ct Page 3 of 3 Jimmie Johnson, Ph.D. Assistant City Manager APPROVED AS TO AVAILABILITY OF FUNDS: Ankr Vasquez, CPA Director of Finance Account Nos. 410-1252-532.29-02 410-1256-532.29-02 P.R. No. 19905 10/17/17 Exhibit "A" (Bid Tabulation) / > gc.--3 co\ z w a # - \ ] £ E c m r- r-' @ w O H c 1 � co co $ 9 ) ) � ) 7 0 > 4 \ $ ƒ $ £ = R 2 ± § ° f_\ § 7 2 7 7 \ a, a � n � f f \ § ) / / ƒ ƒ / / \ � co z = = E. o - � ƒ E E. \ -t CO / / - et - I E § ,= / ƒ ƒ / =\ / % / / / = et / / 2 ? \ / \ — / = ? x 3 r = 2 23 fq/ , / n cop to > \ y a o Z Z Z Z Z q \ C 'CS CA / q 2 ° $ k g = _ » - / E § \ o = ƒ / w & C- E & ƒ - § f # - ril C Cl) J e AAE = - \ y 2 Z / / 2 2 2 § 7 / i 0 = _ _ _ _ / m §CCD• = E E & E & & \ - ƒ / k i "1 X et, 3' 3 � ' 2 C \ / / / / / n \ ° R S 2 = 2 R = ° 2 ° & g ca. E £ & & 5. \ H X be / z 9 e % co 2 @ 2 2 Z Z LA A - > 2 / CO 2 CO - > \ . _ 5 2 * \ > (� ƒ ƒ g w Cr, > » u ••-•• \ %At _ _ « # k 7 / rT crt m m f r a o o /, 0 ( & $ $ $ CO ) J Q o o 3 � \ / / c / 0 $ x » � r—': f §' § 9 ±? § g / ® \ eee � f f c $ & 0 0 0" / e \ 7 ; & ® = � \ § § \ )• 5 j \ _ = 7 § - E » \ G g & ' *. x/ �n\ » A q.` Z Z Z x y 0 \ 2 7/ o c g o o c o r = . _ _ < = g z = _ _ = a § c/ & E « & & & E R E nnP � ^ 23> / - wc / ©' c ; t ra ¥2.2. 40o o o o o o A on \ o F. ƒ a = R R g = _ ° f cr ml - ¥FtEEEE & & , o - m\ / / �§ w � �_ `$ ƒ o iE - ] e2 ;1-3 27 \ E 7 3 - go co izzr9 on® _ 2gR ° ics,":" ` o® 3 E k0o 3 , Z Z ® e Z a / § / 9 0 o g ± o A f \ \ CO CO 9 9 CO 3 H E E 7 7 & \ ƒ o | P.R. No. 19905 10/17/17 Exhibit "B" PURCHASING CONTRACT AGREEMENT (Brenntag Southwest, Inc.) P.R. No. 19905 10/17/17 PURCHASING CONTRACT AGREEMENT THIS AGREEMENT is made this the of , 2017, by and between an individual, firm partnership or corporation, BRENNTAG SOUTHWEST, INC., of Longview, 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 be for one (1) year, with an option to renew for one (1) additional year, from the date stated on the Notice to Proceed 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 Liquid Chlorine in 1-ton cylinders as delineated and submitted in their bid on September 06, 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: Water Treatment Chemicals 4. The Vendor agrees to deliver all materials on an as-needed basis during the term of this contract, in a not-to-exceed maximum amount of (325 tons $620.00/ton = $201,500.00) for Liquid Chlorine in 1-ton Cylinders as shown in the Bid schedule. 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 P.R. No. 19905 10/17/17 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. SIGNED AND AGREED to on the day of , 2017. WITNESS: CITY OF PORT ARTHUR: City Secretary City Manager it. DERRICK FREEMAN,MAYOR ' ' ' ! BRIAN MCDOUGAL CAL JONES.,MAYOR PRO TEM CITY MANAGER COUNCIL MEMBERS: City of x;: ' SHERRI BELLARD,TRMC ) CITY SECRETARY RAYMOND SCOTT JR. THOMAS KINLAW y. HAROLD DOUCET SR. ort r t Ir u WILLIE`BAE"LEWIS JR. VAL TIZENO OSMAN SWATI Tc.ticT.s CITY ATTORNEY CHARLOTTE MOSES KAPRINA RICHARDSON FRANK AUGUST 14, 2017 INVITATION TO BID WATER TREATMENT CHEMICALS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, August 30, 2017. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, August 30, 2017 in the City Council Chambers, City Hall, 5th Floor,Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P17-066 DELIVERY ADDRESS: Please submit one (1)original and one (1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR,TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid should be directed in writing to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov Purchasing Division/Finance Department I Acting Purchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4th Street Port Arthur,Texas 77641 1 409.983.8160 I Fax 409.983.8291 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Clifton Williams, CPPB Purchasing Manager Page 2 of 15 SPECIFICATIONS FOR WATER TREATMENT CHEMICALS FOR THE CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT GENERAL INFORMATION 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 is to be approximately one (1) year, with the option to extend the contract for one (1) additional one year period. Shipments are to be made as needed. No price increases will be allowed for the first ninety (90) days during 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 ay 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 given 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 50% (by weight)Sodium Hydroxide—145 dry tons (estimated) Solution should contain approximately 6.4 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 4 of 15 Item No. 2 25% (by weight) Sodium Hydroxide- 72 dry tons (estimated) No Bid Item No.3 100% Liquid Chlorine-325 tons(estimated)in one-ton containers Shipments shall be made in lots of nine tons. Shipments are to be by truck and are to be unloaded and drums placed in position on City racks, by successful bidder. Liquid Chlorine shall conform to the latest revision of AWWA Standard B301. All ton cylinders shall be equipped with new or newly reconditioned valves meeting the Chlorine Institute standard for new valves. All newly reconditioned valves shall be reconditioned according to the Chlorine Institute's latest publication. It shall be the sole responsibility of the successful bidder to immediately remove any ton cylinder failing to meet any requirements of these specifications. The manufacturer or vendor shall provide an affidavit (signed by an officer of the company) acknowledging that the Liquid Chlorine to be furnished complies with all applicable requirements of AWWA Standards. Item No. 4 100%Liquid Chlorine-36,000 lbs. (estimated) in 150 lb. cylinders Same condition as above Item No. 3, except shipments shall be in 20 cylinder lots, and shall be unloaded by successful bidder. Item No.5 99.995% (by weight)Anhydrous Ammonia - 80,000 pounds (estimated) Ammonia shall be refrigeration (R) grade, and shall 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 strainers or flow regulating devices. The City has it's own 1,460 gallon tank. Successful bidder, or bidders, must agree to enter into a contract with the City of Port Arthur. The life of the contract is to be approximately one (1) year. Prices shall be firm for the life of the contract. The City reserves the right to cancel this contract with(5)days prior written notice. Item No. 6 23-25% (available fluoride)Hydrofluosilicic Acid - 190,000 lbs. (estimated) Hydrofluorsilicic Acid shall be supplied by tank truck in 4,000 gallon loads, as ordered. Water Plant storage connections consist of 2" PVC pipe with a 2" stainless steel female quick coupling. Static lift required is 17 feet. Hydrofluosilicic Acid shall conform to AWWA Standard B703-89 or latest revision. The manufacturer or vendor shall provide an affidavit signed by an officer of the company acknowledging that the Hydrofluosilicic Acid furnished complies with all applicable requirements of AWWA Standards. Item No. 7 Phosphates - 135,000 lbs (estimated) Vendor shall furnish an estimated 135,000 pounds of a 50/50 ortho/polyphosphate blend, with 36-40% total phosphate. Each bidder shall provide, with their bid, certification that their product meets these requirements. Successful bidder must provide water quality analysis to monitor and verify performance of their product during the life of the contract as follows: 1. Two (2) lead samples and two (2) copper samples may be required for the vendor to collect and analyze each month. Testing method must be one approved by the TCEQ and the EPA. This is to monitor the distribution system if any discrepancies arise. 2. This treatment system is currently in compliance and the successful bidder must keep the system in compliance or this contract will be terminated. Page 5 of 15 CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: Water Treatment Chemicals for Utility Operations BID DUE DATE: August 30, 2017 ITEM # UOM DESCRIPTION UNIT COST 1 DRY TONS 50% SODIUM HYDROXIDE $ 587. ` '/Dr9TC*n 2 DRY TONS 25% SODIUM HYDROXIDE $ No Bid 3 TONS LIQUID CHLORINE (TON CYL.) $(D,Z.O. 4?-9 l I on 4 LBS LIQUID CHLORINE (150LB CYL.) $ I. °-2/1b 5601:5140 5 LBS ANHYDROUS AMMOINIA $ 130 ad 6 LBS HYDROFLUOSILICIC ACID $ o tBtU 7 LBS PHOSPHATE $O.3(..c13Ci /i i9 Delivery will be made 2-4 Days after Receipt of Order. Brenntag Southwest, Inc. 610 Fisher Road COMPANY NAME STREET ADDRESS liAJJ / Remit to ONLY: PO Box 970230, Dallas, TX 75397 SIGNATURE OF BIDDE P.O. BOX W. Thomas Crain, Jr. Longview Texas 75604 PRINT OR TYPE NAME CITY STATE ZIP President (713) 330-8570 TITLE AREA CODE TELEPHONE NO gtollefsen@brenntag.com (713)450-4699 EMAIL FAX NO. Page 6 of 15 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: September 1, 2017 SUBSCRIBED and sworn to before me by the above named w. Thomas Crain, Jr. on this the 1st day of September , 20 17 Al A 1otary ublic in an. •'r the State of Texas My commission expires: August 29, 2020 ;cJ'P' KRISLA CADPUBLET IFIEAICD :a P'. •. -. NOTARY IDI; 130800221 :N•. `::,P:, State of Texas Conlin Exp.l)8-2'l-2O20 Page 7 of 15 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: 1 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. September 1, 2017 Firm Name Date L i :=� ��� President Authorized Signature Title W. Thomas Crain, Jr. (972) 218-3500 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 1st day of September , 20 17 . �:P�©• KR g CRYADENHEADA/ : :' NOTAPUBLIC j t, �:.: IDIt 130800221 ota PUDI State of Texas Fos .•' Cumin.Exp UB-ZJ- 02q RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 8 of 15 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. OFFICE USE 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 filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. Brenntag Southwest, Inc. 2 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.) 3 Name of local government officer about whom the information is being disclosed. Brenntag Southwest, Inc. Name of Officer 4 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(a)(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 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? Yes n 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? Yes F, No 5 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 6 Check this box if the vendor has given the local 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). 7 September 1, 2017 Signature of vendor doing bu ' ess 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) A vendor 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 govemment 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 1113012015 Page 10 of 15 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 Vemon'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. 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. Page 11 of 15 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, 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 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. Page 12 of 15 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 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. Page 13 of 15 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. Standard Worker's Compensation Insurance: 2. 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. 3. 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 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. Page 14 of 15 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 15 of 15 CITY OF PORT ARTHUR, TEXAS ADDENDUM NO. ONE (1) ort rarer August 28,2017 Proposals for: Water Treatment Chemicals The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all PROPOSERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THEIR SUBMISSION. Addendum as follows: 1. DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00p.m., Central Standard Time, Wednesday, September 6, 2017. (The clock located in the City Secretary's office will be the official time.) All proposals received will be read aloud at 3:15p.m. on Wednesday, September 6, 2017 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. Proposals will be opened in a manner to avoid public disclosure of contents; however, only the names of proposers will be read aloud. End of Addendum If you have any questions, please contact Clifton Williams at clifton.williams(a,portarthurtx.gov. Cli onWilliams CPPB Acting Purchasing Manager September 5, 2017 Signature of Proposer Date ConnectingChemistry BRENNTAG September 5, 2017 AFFIDAVIT OF COMPLIANCE Brenntag Southwest's Chlorine complies with all City of Port Arthur Specifications; AWWA Standard B3o1 Specifications, including purity levels, chemical requirements, and physical requirements; and all current federal and state regulations for drinking water additives and treatment chemicals. In addition, it is certified by the National Sanitation Foundation, NSF International for use in potable water treatment. Brenntag Southwest's Caustic Soda complies with all City of Port Arthur Specifications; AWWA Standard B5o1-75 Specifications, including purity levels, chemical requirements, and physical requirements; and all current federal and state regulations for drinking water additives and treatment chemicals. In addition, it is certified by the National Sanitation Foundation, NSF International for use in potable water treatment. 7%-A--tt Gayle Tullier Senior Contract Administrator Brenntag Southwest, Inc. Phone : (713)330-8570 Fax : (713)450-4699 E-Mail : gtollefsen(a)brenntaq.com 9/5/2017 Listing Category Search Page I NSF International NSF, The Public Health and Safety Organization NSF Product and Service Listings These NSF Official Listings are current as of Tuesday, September 05, 2017 at 12:15 a.m. Eastern Time. Please contact NSF International to confirm the status of any Listing, report errors, or make suggestions. Alert: NSF is concerned about fraudulent downloading and manipulation of website text.Always confirm this information by clicking on the below link for the most accurate information: http://info.nsf.org/Certified/PwsChemicals/Listings.asp? CompanyName=Brenntag+Southwest&ChemicalName=Sodium+Hydroxide& NSF/ANSI 6o Drinking Water Treatment Chemicals - Health Effects Brenntag Southwest Route 2, Box 352-200 Nowata, OK 74048 United States 800-722-3145 918-273-2265 Visit this company's website(http://www.brenntag.com) Facility : St. Gabriel, LA Sodium Hydroxide[2] Trade Designation Product Function Max Use Sodium Hydroxide Corrosion&Scale Control 100 mg/L pH Adjustment [2] Trade Designation may be followed by a three digit suffix to designate the chlor-alkali electrolytic cell category/grade. Facility : Catoosa, OK http://info.nsf.org/Certified/PwsChemicals/Listings.asp?CompanyName=Brenntag+Southwest&TradeName=&ChemicalName=Sodium+Hydroxide&Pro... 1/5 9/5/2017 Listing Category Search Page I NSF International Sodium Hydroxide[3] 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 [3] Trade Designation may be followed by a three digit suffix to designate the chlor-alkali electrolytic cell category/grade. Facility : Nowata, OK Sodium Hydroxide[i] 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 ioomg/L [1] Trade Designation may be followed by a three digit suffix to designate the chlor-alkali electrolytic cell category/grade. Facility : Sand Springs, OK Sodium Hydroxide[i] 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 ioomg/L [1] Trade Designation may be followed by a three digit alpha suffix to designate the chlor-alkali electrolytic cell category/grade. http://info.nsf. /Certified/Pw h - p g sC emicals/Listings.asp.CompanyName-Brenntag+Southwest&TradeName &ChemicalName-Sodium+Hydroxide&Pro... 2/5 9/5/2017 Listing Category Search Page I NSF International Facility : Elmendorf, TX Sodium Hydroxide[i] Trade Designation Product Function Max Use Sodium Hydroxide 25% Corrosion&Scale Control 2oomg/L pH Adjustment Sodium Hydroxide 5o% Corrosion &Scale Control ioomg/L pH Adjustment [1] Trade Designation may be followed by a three digit suffix to designate the chlor-alkali electrolytic cell category/grade. Facility : Houston, TX Sodium Hydroxide[i] Trade Designation Product Function Max Use Caustic Soda 20% Diaphragm Corrosion&Scale Control 25omg/L Caustic Soda 25% Diaphragm Corrosion&Scale Control 2oomg/L Caustic Soda 30%Diaphragm Corrosion&Scale Control 167mg/L Caustic Soda 5o%Diaphragm Corrosion&Scale Control loomg/L Sodium Hydroxide 20% Corrosion&Scale Control 25omg/L Sodium Hydroxide 25% Corrosion&Scale Control 2oomg/L Sodium Hydroxide 3o% Corrosion&Scale Control 167mg/L Sodium Hydroxide 50% Corrosion&Scale Control loomg/L [1] Trade Designation may be followed by a three digit suffix to designate the chlor-alkali electrolytic cell category/grade. [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[6] http://info.nsf.org/Certified/PwsChemicals/Listings.asp?CompanyName=Brenntag+Southwest&TradeName=&ChemicalName=Sodium+Hydroxide&Pro... 3/5 9/5/2017 Listing Category Search Page I NSF International Trade Designation Product Function Max Use Sodium Hydroxide Corrosion &Scale Control 10o mg/L pH Adjustment [6] Trade Designation may be followed by a three digit suffix to designate the chlor-alkali electrolytic cell category/grade. Facility : Lancaster, TX Sodium Hydroxide[2] 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 loomg/L [2] Trade Designation may be followed by a three digit suffix to designate the chlor-alkali electrolytic cell category/grade. Brenntag Southwest Route 2, Box 352-200 Nowata, OK 74048 United States 800-722-3145 918-273-2265 Visit this company's website(http://www.brenntag.com) Facility : # 1 El Paso Sodium Hydroxide Trade Designation Product Function Max Use http://info.nsf.or /Certified/PwsChemicals/Listin s.as ?Com an Name=Brennta +Southwest&TradeName=&ChemicalName=Sodium+H droxide&Pro... 4/5 9/5/2017 Listing Category Search Page I NSF International Sodium Hydroxide 5o% Corrosion&Scale Control ioomg/L pH Adjustment Number of matching Manufacturers is 2 Number of matching Products is 33 Processing time was o seconds http://info.nsf.org/Certified/PwsChemicals/Listings.asp?CompanyName=Brenntag+Southwest&TradeName=&ChemicalName=Sodium+Hydroxide&Pro... 5/5 BRENNTAGIIIEf SAFETY DATA SHEET mor 1. Identification Product identifier SODIUM HYDROXIDE 50% 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 burns 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. Composition/information on ingredients Mixtures Chemical name Common name and synonyms CAS number SODIUM HYDROXIDE(NA(OH)) 1310-73-2 50 Other components below reportable levels 50 `Designates that a specific chemical identity and/or percentage of composition has been withheld as a trade secret. Material name: SODIUM HYDROXIDE 50%DIA NSF SOS US 305632 Version#:05 Revision date:05-04-2016 Issue date:08-07-2015 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 spill/leak.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 8 of the SDS. Methods and materials for Large Spills: 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 to 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 50%DIA NSF SOS US 305632 Version#:05 Revision date:05-04-2016 Issue date:08-07-2015 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 Wear 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 COLORLESS Odor CHARACTERISTIC Odor threshold Not available. pH Not available. Melting point/freezing point 32 °F (0 °C) Initial boiling point and boiling 1371.2°F (744°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. Flammability limit -upper Not available. (%) Material name: SODIUM HYDROXIDE 50%DIA NSF SUS US 305632 Version#:05 Revision date:05-04-2016 Issue date:08-07-2015 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-octanol/water) Auto-ignition temperature Not available. Decomposition temperature Not available. Viscosity Not available. Other information Density 12.76 lbs/gal Explosive properties Not explosive. Oxidizing properties Not oxidizing. Percent volatile 50% estimated Specific gravity 1.53 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 burns. 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 burns 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 50%DIA NSF SOS US 305632 Version#:05 Revision date:05-04-2016 Issue date:08-07-2015 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 dubia) 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/national/international 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 I 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 50%DIA NSF SOS US 305632 Version#:05 Revision date:05-04-2016 Issue date:08-07-2015 5/7 DOT OM 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 50%DIA NSF sos us 305632 Version#:05 Revision date:05-04-2016 Issue date:08-07-2015 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 08-07-2015 Revision date 05-04-2016 Version# 05 H MISV 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. Material name: SODIUM HYDROXIDE 50%DIA NSF sos us 305632 Version#:05 Revision date:05-04-2016 Issue date:08-07-2015 7/7 9/5/2017 Listing Category Search Page I NSF International NSF The Public Health and Safety Organization NSF Product and Service Listings These NSF Official Listings are current as of Tuesday, September 05, 2017 at 12:15 a.m. Eastern Time. Please contact NSF International to confirm the status of any Listing, report errors, or make suggestions. Alert: NSF is concerned about fraudulent downloading and manipulation of website text.Always confirm this information by clicking on the below link for the most accurate information: http://info.nsforg/Certified/PwsChemicals/Listings.asp? CompanyName=Brenntag+Southwest&ChemicalName=Chlorine& NSF/ANSI 6o Drinking Water Treatment Chemicals - Health Effects Brenntag Southwest Route 2, Box 352-20o Nowata, OK 74048 United States 800-722-3145 918-273-2265 Visit this company's website(http://www.brenntag.com) Facility : St. Gabriel, LA Chlorine[i] [CL] Trade Designation Product Function Max Use Chlorine Disinfection&Oxidation 3o mg/L [1] All Chlorine from this facility is NSF Certified, whether or not it bears the NSF Mark. [CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Facility : Catoosa, OK http://info.nstorg/Certified/PwsChemicals/Listings.asp?CompanyName=Brenntag+Southwest&TradeName=&ChemicalName=Chlorine&ProductFuncti... 1/2 9/5/2017 Listing Category Search Page I NSF International Chlorine[CL] Trade Designation Product Function Max Use Chlorine Gas Disinfection&Oxidation 3omg/L [CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Facility : Nowata, OK Chlorine[CL] Trade Designation Product Function Max Use Chlorine Gas Disinfection&Oxidation 3omg/L [CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Facility : Houston, TX Chlorine[i] [CL] Trade Designation Product Function Max Use Chlorine Disinfection &Oxidation 3o mg/L [1] All Chlorine from this facility is NSF Certified, whether or not it bears the NSF Mark. [CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Number of matching Manufacturers is 1 Number of matching Products is 4 Processing time was o seconds http://info.nsf.org/Certified/PwsChemicals/Listings.asp?CompanyName=Brenntag+Southwest&TradeName=&ChemicalName=Chlorine&ProductFuncti... 2/2 BRENNTAGAIKT SAFETY DATA SHEET oar1. Identification Product identifier CHLORINE 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 1 Serious eye damage/eye irritation Category 1 Specific target organ toxicity, single exposure Category 3 respiratory tract irritation Environmental hazards Not classified. OSHA defined hazards Not classified Label elements Signal word Danger Hazard statement Causes severe skin burns and eye damage. Causes serious eye damage. May cause respiratory irritation. Precautionary statement Prevention Do not breathe mist or vapor. Wash thoroughly after handling. Use only outdoors or in a well-ventilated area, 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 in a well-ventilated place. Keep container tightly closed. Store locked up Disposal Dispose of contents/container in accordance with local/regional/nationallinternational regulations Hazard(s) not otherwise None known. classified (HNOC) Supplemental information None. 3. Composition/information on ingredients Substances Chemical name Common name and synonyms CAS number iyo CHLORINE 7782-50-5 100 `Designates that a specific chemical identity and/or percentage of composition has been withheld as a trade secret Material name:CHLORINE SOS US 1071 Version#:09 Revision date: 05-22-2017 Issue date:05-22-2017 1 /7 4. First-aid measures Inhalation Remove victim to fresh air and keep at rest in a position comfortable for breathing. Call a POISON CENTER or doctor/physician if you feel unwell. 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 Headache. Dizziness. Nausea,vomiting. Burning pain and severe corrosive skin damage. Causes symptoms/effects,acute and serious eye damage. Symptoms may include stinging,tearing, redness, swelling,and blurred delayed vision. Permanent eye damage including blindness could result. May cause respiratory irritation. Coughing 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 If you feel unwell, seek medical advice (show the label where possible). 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 spill leak.Wear protective equipment and appropriate protective equipment and clothing during clean-up. Do not breathe mist or vapor. Dc 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 8 of the SDS. Methods and materials for Large Spills: 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 to 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.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:CHLORINE SIDS US 1071 Version#:09 Revision date: 05-22-2017 Issue date:05-22-2017 2/7 8. Exposure controls/personal protection Occupational exposure limits US.OSHA Table Z-1 Limits for Air Contaminants (29 CFR 1910.1000) Material Type Value CHLORINE(CAS Ceiling 3 mg/m3 7782-50-5) 1 ppm US.ACGIH Threshold Limit Values Material Type Value CHLORINE(CAS STEL 1 ppm 7782-50-5) TWA 0.5 ppm US. NIOSH: Pocket Guide to Chemical Hazards Material Type Value CHLORINE (CAS Ceiling 1.45 mg/m3 7782-50-5) 0.5 ppm 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 Chemical respirator with organic vapor cartridge and full facepiece. Skin protection Hand protection Wear appropriate chemical resistant gloves. Suitable gloves can be recommended by the glove supplier. Other Wear appropriate chemical resistant clothing. Respiratory protection Chemical respirator with organic vapor cartridge and full facepiece. 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 YELLOWISH-GREEN Odor Pungent Odor threshold Not available. pH Not available. Melting point/freezing point -150°F (-101.11 °C) Initial boiling point and boiling -29.27°F (-34.04°C) range Flash point Not available. Evaporation rate Not available. Flammability(solid,gas) Not applicable. Material name:CHLORINE sos us 1071 Version#:09 Revision date:05-22-2017 Issue date:05-22-2017 3/7 Upper/lower flammability or explosive limits Flammability limit-lower Not available. (%) Flammability limit-upper Not available. (%) Explosive limit-lower(%) Not available. Explosive limit-upper(%) Not available. Vapor pressure Not available. Vapor density 2.5 Relative density Not available. Solubility(ies) Solubility(water) 7 g/I Partition coefficient Not available. (n-octanol/water) Auto-ignition temperature Not available. Decomposition temperature Not available. Viscosity Not available. Other information Density 12.23 lbs/gal Explosive properties Not explosive. Molecular formula Cl2 Molecular weight 70.91 g'mol Oxidizing properties Not oxidizing. Specific gravity 1.47 Surface tension 18.4 mNIrn (68°F (20 °C)) 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 Ammonia. 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. Skin contact Causes severe skin burns. Eye contact Causes serious eye damage. Ingestion Causes digestive tract burns. Symptoms related to the Headache. Dizziness. Nausea,vomiting. Burning pain and severe corrosive skin damage. Causes physical,chemical and serious eye damage. Symptoms may include stinging,tearing. redness, swelling.and blurred toxicological vision. Permanent eye damage including blindness could result. May cause respiratory irritation. characteristics Coughing. Information on toxicological effects Acute toxicity May cause respiratory irritation Skin corrosion/irritation Causes severe skin burns and eye damage. Serious eye damage/eye Causes serious eye damage. irritation Respiratory or skin sensitization Respiratory sensitization Not a respiratory sensitizer. Material name: CHLORINE SUS US 1071 Version it:09 Revision date: 05-22-2017 Issue date:05-22-2017 4/7 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. 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 May cause respiratory irritation. toxicity-single exposure Specific target organ Not classified. toxicity-repeated exposure Aspiration hazard Not an aspiration hazard. 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. Product Species Test Results CHLORINE(CAS 7782-50-5) Aquatic Fish LC50 Atlantic silverside (Menidia menidia) 0.037 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/national/international 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 UN1017 UN proper shipping name CHLORINE RQ.MARINE POLLUTANT POISON-INHALATION HAZARD,ZONE B Transport hazard class(es) Class 2.3 Subsidiary risk 5.1,8 Packing group Not applicable. Special precautions for user Read safety instructions. SDS and emergency procedures before handling. ERG number 124 DOT information on packaging may be different from that listed. Material name:CHLORINE SOS US 1071 Version#:09 Revision date:05-22-2017 Issue date:05-22-2017 5/7 DOT FDlion .� �. INHALATION OXIDIZER CORROSIVE HAZARD 2 5.1 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) CHLORINE (CAS 7782-50-5) Listed. SARA 304 Emergency release notification CHLORINE (CAS 7782-50-5) 10 LBS 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 Chemical name CAS number Reportable Threshold Threshold Threshold quantity planning quantity planning quantity, planning quantity, lower value upper value CHLORINE 7782-50-5 10 100 lbs SARA 311/312 Hazardous Yes chemical SARA 313 (TRI reporting) Chemical name CAS number % by wt. CHLORINE 7782-50-5 100 Other federal regulations Clean Air Act (CAA) Section 112 Hazardous Air Pollutants (HAPS) List CHLORINE (CAS 7782-50-5) Clean Air Act (CAA) Section 112(r) Accidental Release Prevention (40 CFR 68.130) CHLORINE(CAS 7782-50-5) Clean Water Act(CWA) Hazardous substance Section 112(r) (40 CFR 68.130) Safe Drinking Water Act 4 mg:I (SDWA) 4.0 mg;l 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)) CHLORINE (CAS 7782-50-5) US. Massachusetts RTK-Substance List CHLORINE(CAS 7782-50-5) Material name: CHLORINE SDS US 1071 Version#:09 Revision date:05-22-2017 Issue date:05-22-2017 6/7 _ _ I US. New Jersey Worker and Community Right-to-Know Act CHLORINE (CAS 7782-50-5) US.Pennsylvania Worker and Community Right-to-Know Law CHLORINE(CAS 7782-50-5) US. Rhode Island RTK CHLORINE(CAS 7782-50-5) 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) No 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 05-22-2017 Revision date 05-22-2017 Version# 09 HMIS®ratings Health: 3 Flammability: 0 Physical hazard: 0 NFPA ratings Health:4 Flammability: 0 Instability: 0 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. Material name: CHLORINE sos us 1071 Version#:09 Revision date:05-22-2017 Issue date:05-22-2017 7 17 9/5/2017 Listing Category Search Page I NSF International NSF The Public Health and Safety Organization NSF Product and Service Listings These NSF Official Listings are current as of Tuesday, September 135, 2017 at 12:15 a.m. Eastern Time. Please contact NSF International to confirm the status of any Listing, report errors, or make suggestions. Alert: NSF is concerned about fraudulent downloading and manipulation of website text.Always confirm this information by clicking on the below link for the most accurate information: http://info.nsf.org/Certified/PwsChemicals/Listings.asp? CompanyName=Brenntag+Southwest&TradeName=3655& NSF/ANSI 6o Drinking Water Treatment Chemicals - Health Effects Brenntag Southwest Route 2, Box 352-200 Nowata, OK 74048 United States 800-722-3145 918-273-2265 Visit this company's website (http://www.brenntag.com) Facility : Houston, TX Blended Phosphates Trade Designation Product Function Max Use AquaPure 3655 Corrosion &Scale Control 25mg/L Sequestering http://info.nsf.org/Certified/PwsChem icals/Listings.asp?CompanyName=Brenntag+Southwest&TradeName=3655&ChemicalName=&ProductFunction=... 1/2 9/5/2017 , Listing Category Search Page I NSF International Number of matching Manufacturers is 1 Number of matching Products is 1 Processing time was 1 seconds http://info.nsf.org/Certified/PwsChemicals/Listings.asp?CompanyName=Brenntag+Southwest&TradeName=3655&ChemicalName=&ProductFunction=... 2/2 BRENNTAGNIE SAFETY DATA SHEET 1. Identification Product identifier AQUAPURE®3655 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 600-4249300 CHEMTREC 2. Hazard(s) identification Physical hazards Not classified. Health hazards Not classified. Environmental hazards Not classified. OSHA defined hazards Not classified. Label elements Hazard symbol None. Signal word None. Hazard statement The mixture does not meet the criteria for classification. Precautionary statement Prevention Observe good industrial hygiene practices. Response Wash hands after handling. Storage Store away from incompatible materials. Disposal Dispose of waste and residues in accordance with local authority requirements. Hazard(s) not otherwise None known. classified (HNOC) Supplemental information None. 3. Composition/information on ingredients Mixtures The manufacturer lists no ingredients as hazardous according to OSHA 29 CFR 1910.1200 'Designates that a specific chemical identity and/or percentage of composition has been withheld as a trade secret. 4. First-aid measures Inhalation Move to fresh air. Call a physician if symptoms develop or persist. Skin contact Wash off with soap and water. Get medical attention if irritation develops and persists. Eye contact Rinse with water. Get medical attention if irritation develops and persists. Ingestion Rinse mouth. Get medical attention if symptoms occur. Most important Direct contact with eyes may cause temporary irritation. symptoms/effects,acute and delayed Indication of immediate Treat symptomatically. medical attention and special treatment needed Material name:AQUAPUREO 3655 NSF sus US 496395 Version#:01 Issue date:06-12-2017 1 /6 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. For personal protection, see section 8 of the SDS. protective equipment and emergency procedures Methods and materials for Large Spills: 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 to 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 Observe good industrial hygiene practices. Conditions for safe storage, Store in original tightly closed container. Store away from incompatible materials(see Section 10 including any incompatibilities of the SDS). 8. Exposure controls/personal protection Occupational exposure limits No exposure limits noted for ingredient(s) 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. 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). Skin protection Hand protection Wear appropriate chemical resistant gloves. Suitable gloves can be recommended by the glove supplier. Other Wear suitable protective 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 Material name:AQUAPURE®3655 NSF sus US 496395 Version#:01 Issue date:06-12-2017 2/6 Physical state Liquid. Form Liquid. Color CLEAR COLORLESS TO PALE STRAW Odor NONE Odor threshold Not available. pH Not available. Melting point/freezing point 32°F (0°C) Initial boiling point and boiling 212 °F(100°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. (%) Flammability limit -upper Not available. (%) 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-octanol/water) Auto-ignition temperature Not available. Decomposition temperature Not available. Viscosity Not available. Other information Density 11.40 lbs/gal Explosive properties Not explosive. Oxidizing properties Not oxidizing. Percent volatile 61.8 %estimated Specific gravity 1.37 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 No dangerous reaction known under conditions of normal use. reactions Conditions to avoid Contact with incompatible materials. Incompatible materials Strong oxidizing agents. Hazardous decomposition No hazardous decomposition products are known. products 11. Toxicological information Information on likely routes of exposure Inhalation No adverse effects due to inhalation are expected. Skin contact No adverse effects due to skin contact are expected. Eye contact Direct contact with eyes may cause temporary irritation. Ingestion Expected to be a low ingestion hazard. Material name:AQUAPUREOO 3655 NSF son us 496395 Version#:01 Issue date:06-12-2017 3/6 Symptoms related to the Direct contact with eyes may cause temporary irritation. physical, chemical and toxicological characteristics Information on toxicological effects Acute toxicity Not available. Skin corrosion/irritation Prolonged skin contact may cause temporary irritation. Serious eye damage/eye Direct contact with eyes may cause temporary irritation. 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. 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. 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. 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. 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 I 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 Not regulated as dangerous goods. DOT information on packaging may be different from that listed. Material name:AQUAPURE®3655 NSF SOS US 496395 Version#:01 Issue date:06-12-2017 4/6 15. Regulatory information US federal regulations This product is not known to be 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) Not 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 - No Delayed Hazard- No Fire Hazard -No Pressure Hazard- No Reactivity Hazard- No SARA 302 Extremely hazardous substance Not listed. SARA 311/312 Hazardous No 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. Massachusetts RTK-Substance List Not regulated. US. New Jersey Worker and Community Right-to-Know Act Not listed. US. Pennsylvania Worker and Community Right-to-Know Law Not listed. US. Rhode Island RTK Not regulated. 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 Material name:AQUAPURE®3655 NSF SOS US 496395 Version#:01 Issue date:06-12-2017 5/6 Country(s) or region Inventory name On inventory(yes/no)" 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 06-12-2017 Version# 01 H MIS®ratings Health: 0 Flammability: 0 Physical hazard: 0 NFPA ratings Health: 0 Flammability: 0 Instability: 0 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 Composition/information on ingredients: Component information Accidental release measures: Methods and materials for containment and cleaning up Exposure controls/personal protection: Generalized Statements Material name:AQUAPUREC 3655 NSF sos us 496395 Version#:01 Issue date:06-12-2017 6/6 P.R. No. 19905 10/17/17 Exhibit "C" PURCHASING CONTRACT AGREEMENT (DXI Industries, Inc.) P.R. No. 19905 10/17/17 PURCHASING CONTRACT AGREEMENT THIS AGREEMENT is made this the of _ , 2017, by and between an individual, firm partnership or corporation, DXI Industries, 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 be for one (1) year, with an option to renew for one (1) additional year, from the date stated on the Notice to Proceed 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 150 lbs. Chlorine Cylinders, as delineated and submitted in their bid on September 06, 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: Water Treatment Chemicals 4. The Vendor agrees to deliver all materials on an as-needed basis during the term of this contract, in a not-to-exceed maximum amount of $9,800.00 (7.5 tons A $1306.667/ton) for 150 lb Chlorine Cylinders as shown in the Bid schedule. 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 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. P.R. No. 19905 10/17/17 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: DXI Industries, Inc. SIGNED AND AGREED to on the day of , 2017. WITNESS: CITY OF PORT ARTHUR: City Secretary City Manager { CITY OF PORT ARTHUR,TEXAS ADDENDUM NO. ONE(1) err l.rha r August 28,2017 ?t'1;JS Proposals for: Water Treatment Chemicals The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all PROPOSERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THEIR SUBMISSION. Addendum as follows: 1. DEADLINE: Sealed proposal submittals must be received and time stamped by 3:OOp.m., Central Standard Time, Wednesday, September 6, 2017. (The clock located in the City Secretary's office will be the official time.) All proposals received will be read aloud at 3:15p.m. on Wednesday, September 6, 2017 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. Proposals will be opened in a manner to avoid public disclosure of contents; however, only the names of proposers will be read aloud. End of Addendum If you have any questions,please contact Clifton Williams at clifton.williamsa,portarthurtx.gov. (it idie. �I'YLe- Clion Williams, CPPB Acting Purchasing Manager si 117 t Sign Proposer Date of DERRICK FREEMAN,MAYOR \\ I/ BRIAN MCDOUGAL CAL JONES.,MAYOR PRO TEM CITY MANAGER COUNCIL MEMBERS: City of >, SHERRI BELLARD,TRMC RAYMOND SCOTT JR. CITY SECRETARY THOMAS KINLAW HAROLD DOUCET SR. ort r t j!U WILLIE"BAE"LEWIS JR. VAL TIZENO OSMAN SWATI Texas CITY ATTORNEY CHARLOI IE.MOSES KAPRINA RICHARDSON FRANK AUGUST 14, 2017 INVITATION TO BID WATER TREATMENT CHEMICALS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, August 30, 2017. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, August 30, 2017 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE:P17-066 DELIVERY ADDRESS: Please submit one(1) original and one(1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR,TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid should be directed in writin.: to: City of Port Arthur,TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur,TX 77641 clifton.williams@portarthurtx.gov Purchasing Division/Finance Department I Acting Purchasing Manager,Clifton Williams,CPPB P.O.Box 1089 444 4th Street I Port Arthur,Texas 77641 1 409.983.8160 1 Fax 409.983.8291 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Clifton Williams, CPPB Purchasing Manager Page 2 of 15 INVITATION TO BID WATER TREATMENT CHEMICALS (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 15 SPECIFICATIONS FOR WATER TREATMENT CHEMICALS FOR THE CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT GENERAL INFORMATION 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 is to be approximately one (1) year, with the option to extend the contract for one (1) additional one year period. Shipments are to be made as needed. No price increases will be allowed for the first ninety (90) days during 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 50% (by weight)Sodium Hydroxide—145 dry tons (estimated) Solution should contain approximately 6.4 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 4 of 15 Item No. 2 25% (by weight) Sodium Hydroxide - 72 dry tons (estimated) No Bid Item No. 3 100% Liquid Chlorine-325 tons (estimated) in one-ton containers Shipments shall be made in lots of nine tons. Shipments are to be by truck and are to be unloaded and drums placed in position on City racks, by successful bidder. Liquid Chlorine shall conform to the latest revision of AWWA Standard B301. All ton cylinders shall be equipped with new or newly reconditioned valves meeting the Chlorine Institute standard for new valves. All newly reconditioned valves shall be reconditioned according to the Chlorine Institute's latest publication. It shall be the sole responsibility of the successful bidder to immediately remove any ton cylinder failing to meet any requirements of these specifications. The manufacturer or vendor shall provide an affidavit(signed by an officer of the company) acknowledging that the Liquid Chlorine to be furnished complies with all applicable requirements of AWWA Standards. Item No. 4 100%Liquid Chlorine-36,000 lbs. (estimated) in 150 lb. cylinders Same condition as above Item No. 3, except shipments shall be in 20 cylinder lots, and shall be unloaded by successful bidder. Item No. 5 99.995% (by weight)Anhydrous Ammonia -80,000 pounds (estimated) Ammonia shall be refrigeration (R) grade, and shall 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 strainers or flow regulating devices. The City has it's own 1,460 gallon tank. Successful bidder, or bidders, must agree to enter into a contract with the City of Port Arthur. The life of the contract is to be approximately one (1) year. Prices shall be firm for the life of the contract. The City reserves the right to cancel this contract with(5) days prior written notice. Item No. 6 23-25% (available fluoride) Hydrofluosilicic Acid - 190,000 lbs. (estimated) Hydrofluorsilicic Acid shall be supplied by tank truck in 4,000 gallon loads, as ordered. Water Plant storage connections consist of 2" PVC pipe with a 2" stainless steel female quick coupling. Static lift required is 17 feet. Hydrofluosilicic Acid shall conform to AWWA Standard B703-89 or latest revision. The manufacturer or vendor shall provide an affidavit signed by an officer of the company acknowledging that the Hydrofluosilicic Acid furnished complies with all applicable requirements of AWWA Standards. Item No. 7 Phosphates - 135,000 lbs (estimated) Vendor shall furnish an estimated 135,000 pounds of a 50/50 ortho/polyphosphate blend, with 36-40% total phosphate. Each bidder shall provide, with their bid, certification that their product meets these requirements. Successful bidder must provide water quality analysis to monitor and verify performance of their product during the life of the contract as follows: 1. Two (2) lead samples and two (2) copper samples may be required for the vendor to collect and analyze each month. Testing method must be one approved by the TCEQ and the EPA. This is to monitor the distribution system if any discrepancies arise. 2. This treatment system is currently in compliance and the successful bidder must keep the system in compliance or this contract will be terminated. Page 5 of 15 CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: Water Treatment Chemicals for Utility Operations BID DUE DATE: August 30, 2017 ITEM# UOM DESCRIPTION UNIT COST 1 DRY TONS 50% SODIUM HYDROXIDE $ Q . 51 D 5T 2 DRY TONS 25% SODIUM HYDROXIDE $ No Bid 3 TONS LIQUID CHLORINE (TON CYL.) $ 760, W ion 4 LBS LIQUID CHLORINE (150LB CYL.) $ �j, (221C/11 ($ 0. 651-1 316j 5 LBS ANHYDROUS AMMOINIA $ no b i 8 6 LBS HYDROFLUOSILICIC ACID $ h b igI d 7 LBS PHOSPHATE $ no bid Delivery will be made 1-j Days after Receipt of Order. Ira- T-A.Av5*%6, IN,- II 11 1. 0D?a4 BIVCI. COMPANY NAME STREET ADDRESS _ ° : Io boy400 SIGNATURE OF i DER P.O. BOX Ja.h.t1 L,_ ; uS- m T) 77015 PRINT OR TYPE NAME CITY STATE ZIP F 11i .1.les ( pY� seii IrAllV6 2‘61— ti- 4-811r5 TITLE AREA CODE TELEPHONE NO FLu.k.kedxLiYoup 281- 467- A-60-1�1IL FAX NO. Page 6 of 15 CITY OF PORT ARTHUR, TEXAS NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS Bythe signature below, the gsignatory 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: j Printed Name: 0' Title: J �J ��~k mit I Company: riOA .L 27Kclusrivie5, roc. Date: 81st I (7 SUBSCR :ED and sworn to before me by the above namedJUR. bald on this the 31 day of ` , 20 (1 . / / MIP Notary Pub is in and for the State of Texas MHSCHNEID My commission expires: t/ �'��� * NOTARY PUBLIC • State of Texas �`. Comm ExP•06/27!2018 Page 7 of 15 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: XXX 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. DXI Industries, Inc. 8-31-17 Firm Name Date /el-g- t-i"--t-.------- President Authorized Signature Title R. C. Karm 713-863-1947 Name (please print) Telephone rkarm@dxgroup.com Email STATE: Texas • COUNTY: Harris SUBSCRIBED AND SWORN to before me by the above named R. C. Karm on this the 31st day of August , 20 17 . 1 ie , Za j s Notary Publiif RETURN THIS AFFIDAVIT AS PART OF/T:::::, PROPOSAL BEVERLEY S. BATES ES °t •t.Notar Public,State of Texas "s, %,,,, lr Comm. Expires 02-06-2019 yo.,p,%% Notary ID 12446160-0 Page 8 of 15 City of Port Arthur, Texas 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. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code,by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the Date Received 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 filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. I] Name of vendor who has a business relationship with local governmental entity. None 4J 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.) .J Name of local government officer about whom the information is being disclosed. None Name of Officer ,J 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(a)(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 CIO 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? Yes XX 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? Yes XX 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. Check this box if the vendor has given the local 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). J / 3//0 Signature of vendor doing business 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) A vendor 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 11130:2015 Page 10 of 15 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. 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. Page 11 of 15 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, 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 601 f 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 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. Page 12 of 15 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 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. Page 13 of 15 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. Standard Worker's Compensation Insurance: 2. 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. 3. 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 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. Page 14 of 15 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 15 of 15 CI6C/CliDQ Safety Data Sheet 1. CHEMICAL PRODUCT AND COMPANY IDENTIFICATION Product identifier: CHLORINE, LIQUID Synonyms: Chlorine, Chlorine—liquefied gas, Chlorine gas, Chlorine (Liquid or Gas) Intended use: Water chlorination, water treatment chemicals,chemical synthesis. This material is a registered pesticide. Uses Advised Against: None identified. This is a pesticide product,do not use in a pesticide application that is not included on the label. Company Identification: DPC Industries, Inc. DPC Enterprises, LP DXI Industries, Inc. DX Terminals PO Box 24600 Houston ,TX 77229-4600 Emergency: CHEMTREC (USA) (800)424-9300 24 hour Emergency Telephone No. (281)457-4888 www.dxgroup.com 2. Hazard identification of the product Physical hazards Gases under pressure Liquefied gas Oxidizing gases Category 1 Health hazards Acute toxicity, inhalation Category 2 Skin corrosion/irritation Category 1 Serious eye damage/eye irritation Category 1 Specific target organ toxicity, single exposure Category 3 Specific target organ toxicity, repeated Category 1(Lung)exposure Environmental hazards Very hazardous to the aquatic environment, Category 1 acute hazard Label elements Using the Toxicity Data listed in section 11 and 12 the product is labeled as follows: r' 1r 1440 Signal Word Danger Hazard Statements May cause or intensify fire; oxidizer. Contains gas under pressure; may explode if heated. Fatal if inhaled. Causes skin irritation. Causes serious eye irritation. May cause respiratory irritation. Very toxic to aquatic life with long lasting effects. Harmful in contact with skin. Causes severe skin burns and eye damage. Causes serious eye damage. Very toxic to aquatic life. Toxic to aquatic life with long lasting effects. May be corrosive to metals Precautionary Statements Prevention Keep/Store away from combustible materials. Keep reduction valves free from grease and oil. Do not breathe mist/vapors/spray.Wash thoroughly after handling. Use only outdoors or in a well-ventilated area.Avoid release to the environment. Wear protective gloves/eye protection/face protection.Wear respiratory protection. Response IF ON SKIN:Wash with plenty of soap and water. Take off contaminated clothing and wash before reuse. IF INHALED:Remove victim to fresh air and keep at rest in a position comfortable for breathing. Call a POISON CENTER or doctor/physician if you feel unwell. IF IN EYES:Rinse continuously with water for several minutes.Remove contact lenses if present and easy to do-continue rinsing. Immediately call a POISON CENTER or doctor/physician. If eye irritation persists:Get medical advice/ attention. IN CASE OF FIRE: Stop leak if safe to do so. Storage Store in a well-ventilated place. Keep container tightly closed. Store locked up. Disposal Dispose of contents/container in accordance with local/national regulations. Chlorine Page 1 of 6 SDS Revision Date: 5/1/2015 Safety Data Sheet 3. Composition/information on ingredients Synonyms: Chlorine, Chlorine—liquefied gas, Chlorine gas,Chlorine(Liquid or Gas) Substance classified with a health or environmental hazard. Substance with a workplace exposure limit. Ingredient CAS Number Percent(%) Chlorine 7782-50-5 99.5-100 4. First Aid Measures General Ensure that medical personnel are aware of the material(s)involved and take precautions to protect themselves. Inhalation Move victim to fresh air.Apply artificial respiration if victim is not breathing.Do not use mouth-to- mouth method if victim ingested or inhaled the substance;induce artificial respiration with the aid of a pocket mask equipped with a one-way valve or other proper respiratory medical device.Administer oxygen if breathing is difficult. GET IMMEDIATE MEDICAL ATTENTION Eyes Flush immediately with clean fresh water for at least 10 minutes,holding the eyelids apart. Remove contact lenses, if present, and safe to do so. Continue rinsing. GET IMMEDIATE MEDICAL ATTENTION. Skin In case of contact with substance, immediately flush skin with running water for at least 20 minutes. Exposure to liquid may cause frostbite burns. Remove contaminated clothing,jewelry and shoes. Wash skin with soap and water. Thoroughly clean and dry contaminated clothing and shoes before reuse. GET IMMEDIATE MEDICAL ATTENTION Ingestion If accidentally swallowed obtain IMMEDIATE MEDICAL ATTENTION. Keep at rest. Do NOT induce vomiting. Ingestion not considered a likely route of exposure. Most important symptoms and effects, both acute and delayed Overview Contact with this material will cause burns to the skin, eyes and mucous membranes. Unconsciousness. Cough, shortness of breath, headache, nausea,vomiting. May cause lung damage. Indication of For liquid contact,treat the affected person for frostbite if necessary. If the product is ingested, immediate probable mucosal damage may contraindicate the use of gastric lavage. Treat the affected person medical attention appropriately. Provide general supportive measures and treat symptomatically.Symptoms may be and special delayed. treatment needed 5. Fire-fighting measures Recommended Use fire-extinguishing media appropriate for surrounding materials. Extinguishing media Unsuitable Direct water spray. Direct water spray jet. extinguishing media Special hazards May cause fire or explosion;strong oxidizer. Contents under pressure. Pressurized container may arising from the explode when exposed to heat or flame.Contact with reactive metals e.g.,aluminum,zinc and tin substance or may result in the generation of flammable hydrogen gas.Water used for fire extinguishing,which has mixture been in contact with the product, may be corrosive.Water spray on active leak may promote accelerated corrosion of container and accelerate rate of leakage. Advice for fire- Wear full protective clothing, including helmet, self-contained positive pressure or pressure fighters demand breathing apparatus,protective clothing and face mask.Additional protective clothing must be worn to prevent personal contact with this material. Those items include but are not limited to: boots gloves, hard hat, splash-proof goggles,full face shield and impervious clothing, i.e. chemically impermeable suit. Compatible materials for response to this material are neoprene and butyl rubber. In case of fire and/or explosion do not breathe fumes. Remove pressurized gas cylinders from the immediate vicinity. Cylinders can burst violently when heated, due to excess pressure build-up. Cool containers/tanks with water spray. Evacuate area and fight fire remotely due to the risk of explosion. ERG Guide No. 124 Chlorine Page 2 of 6 SDS Revision Date:5/1/2015 Safety Data Sheet 6. Accidental Release Measures Personal Immediately evacuate personnel to safe areas. Many gases are heavier than air and will spread along precautions, ground and collect in low or confined areas(sewers, basements, tanks). Keep people away from and protective upwind of spill/leak. Keep out of low areas. Keep unnecessary personnel away.Ventilate closed equipment and spaces before entering them.Wear appropriate protective equipment and clothing during clean-up. emergency Local authorities should be advised if significant spillages cannot be contained. For response to procedures Chlorine gas it is recommended to use as a minimum level"B"protection that is compatible to Chlorine. For Liquid spills it is recommended to utilize as a minimum enhanced level "B"(Enhanced Level "B"is the addition of a splash hood). Do not touch damaged containers or spilled material unless wearing appropriate protective clothing. Responders can reference Chlorine Institute pamphlet #65 on PPE. Environmental Avoid discharge into drains,water courses or onto the ground. Contact local authorities in case of precautions spillage to drain/aquatic environment. Methods and Extinguish all flames in the vicinity. Keep combustibles (wood, paper,oil, etc.)away from spilled material for material.Ventilate well, stop flow of gas or liquid if possible. If possible,turn leaking containers so that containment and gas escapes rather than liquid. Dike far ahead of spill for later disposal. Isolate area until gas has cleaning up dispersed. Neutralize spilled material with crushed limestone, soda ash or lime. Collect spillage. 7. Handling and storage Avoid heat, sparks, open flames and other ignition sources. Keep away from clothing and other Precautions for combustible materials. Use only chlorine-compatible lubricants. Do not use greases and oils. Do safe handling not breathe gas. Do not get in eyes, on skin, on clothing. Use in a sealed system and/or a well-ventilated area.Wear appropriate personal protective equipment. Observe good industrial hygiene practices.Avoid release to the environment. Conditions for Contents under pressure. Keep away from heat, sparks and open flame. Secure cylinders in an safe storage, upright position at all times, close all valves when not in use. Store in a well-ventilated place. Store including any away from incompatible materials. incompatibilities Store at temperatures not exceeding 131 °F(55°C) For the above specified temperature the system pressure is 225 psig. 8. Exposure controls and personal protection Exposure Control Parameters CAS No. Material Source Type Value 7782-50-5 Chlorine OSHA Table Z-1 Limits Ceiling 3 mg/m3 US ACGIH Threshold limit values STEL 1 ppm US ACGIH Threshold limit values TWA 0.5 ppm Engineering Should be handled in closed systems, if possible.Where reasonably practicable this should be Controls achieved by the use of local exhaust ventilation and good general extraction. If these are not sufficient to maintain concentrations of particulates and any vapor below occupational exposure limits suitable respiratory protection must be worn. Observe Occupational Exposure Limits and minimize the risk of inhalation. Eye wash facilities and emergency shower must be available when handling this product. Individual protection measures, such as personal protective equipment Respiratory Use NIOSH/MSHA approved respirator,following manufacturer's recommendations when concentrations exceed permissible exposure limits. Eyes Wear face shield with safety glasses with side shields and/or safety goggles. Skin Chemical resistant clothing such as coveralls/apron boots should be worn. Chemical Impervious gloves. Other Work Use good personal hygiene practices.Wash hands before eating, drinking, smoking or using toilet. Practices Promptly remove soiled clothing and wash thoroughly before reuse. Chlorine Page 3 of 6 SDS Revision Date:5/1/2015 Safety Data Sheet 9. Physical and chemical properties Appearance: Amber Color Liquid.Greenish-Yellow Gas Odor: Pungent Irritating Odor Odor threshold: .31 ppm air 1.7 pH: Not Applicable Melting point/freezing point: -150°F (-101 °C) Initial boiling point and boiling range: -29.3°F (-34°C) Flash Point: Not Applicable Evaporation rate (Ether= 1): Not Available Flammability(solid, gas): Not Applicable Upper/lower flammability or explosive limits: Lower Explosive Limit: Not Applicable Upper Explosive Limit: Not Applicable Vapor pressure(mmHg): 4800 mmHg (@25°C) Vapor Density: 2.49 Specific Gravity: 1.4 Solubility in Water: Negligible Partition coefficient n-octanol/water(Log Kow): Not Measured Auto-ignition temperature(°C): Not Measured Decomposition temperature: Not Measured Viscosity(cSt): Not Measured VOC %: Not Measured Other information: No other relevant information. 10. Stability and reactivity Reactivity: Oxidizer. Chemical stability: Stable under normal circumstances. Possibility of hazardous Dry material is highly reactive with titanium and tin. Reacts with most metals at high reactions: temperatures or in the presence of moisture. Avoid contact with water. Reacts with water to form corrosive acidic solution (hydrochloric acid)May react explosively with organic matter. Conditions to avoid: No data available Incompatible materials: Avoid contact with reducing agents, organics and alkalis. Keep away from materials such as acetylene,turpentine&other hydrocarbons, ammonia, hydrogen, ether,metals, sulfur, &aluminum. Hazardous decomposition Hydrogen chloride and hypochlorous acid. products: 11. Toxicological information Acute toxicity Ingredient Results Species Dose Exposure Chlorine-(7782-50-5) LC50 Inhalation Gas. Rat 147 ppm 4 hours LC50 Inhalation Rat 293 ppm 1 hour Item Hazard Acute Toxicity: 0.2-0.4 ppm odor detection (some tolerance develops) 1 -3 ppm mild mucous membrane irritation (can be tolerated- 1 hour) 5- 15 ppm moderate irritation of upper respiratory tract 30 ppm immediate chest pain,vomiting, dyspnea, cough 40 -60 ppm toxic pneumonitis and pulmonary edema 430 ppm lethal over 30 minutes 1000 ppm fatal within a few minutes It's action in the respiratory tract is due to its strong oxidizing capability; it forms both hypochlorous acid and hypochloric acid on contact with moist mucous membranes. Symptoms of pulmonary congestion and edema may develop after a latency period of several hours following severe acute exposure to chlorine. Chlorine Page 4 of 6 SDS Revision Date: 5/1/2015 Safety Data Sheet 11. Toxicological information Acute toxicity(Cont.) POTENTIAL HEALTH EFFECTS: Information on likely routes of exposure Eye contact: Causes serious eye damage. Liquid exposure may cause frostbite. Skin contact: Causes skin burns. Liquid exposure may cause frostbite. Inhalation: May cause irritation(possibly severe),chemical burns,and pulmonary edema. Significant exposures may be fatal. Ingestion: Causes digestive tract burns. Signs and symptoms of Contact with this material will cause burns to the skin,eyes and mucous membranes. exposure: Cough,shortness of breath,headache, nausea,vomiting. May cause lung damage. Unconsciousness. Information on toxicological effects Acute toxicity: Fatal if inhaled. Irritation Threshold:approximately 0.5 ppm Immediately Dangerous to Life or Health: 10.0 ppm. Carcinogenicity: Not considered to be a carcinogen by IARC,ACGIH, NTP or OSHA. Reproductive Toxicity: No data available. Specific target organ systemic Not available. toxicity(single exposure): Specific target organ systemic Causes damage to organs(lungs)through prolonged or repeated exposure. Toxicity(repeated exposure): Aspiration hazard: Due to the physical form of the product it is not an aspiration hazard. 12. Ecological information Toxicity Very toxic to aquatic life. Toxic to aquatic life with long lasting effects. Aquatic Ecotoxicity Ingredient 96 hr LC50 fish,mg/I 48 hr EC50 crustacea,mg/I ErC50 algae,mg/I Chlorine-(7782-50-5) 14.00, 0.11, Daphnia pulex 0.76(96 hr),Algae Oncorhynchus mykiss Persistence and This material is an element and not subject to biodegradation. degradability: Bioaccumulative potential: Will not bioaccumulate. Mobility in soil: No data available. Results of PBT and vPvB This product contains no PBT/vPvB chemicals. assessment: Other adverse effects: No other effects are expected. 13. Disposal considerations Waste treatment methods: Do not allow into drains or water courses.Wastes and emptied containers should be disposed of in accordance with regulations made under the Control of Pollution Act and the Environmental Protection Act. Using information provided in this data sheet,advice should be obtained from the Waste Regulation Authority,whether the special waste regulations apply. Waste from material: Use or process if possible.Chlorine may be absorbed into an alkaline solution such as caustic soda,soda ash or hydrated lime. Dispose in accordance with all applicable regulations. Container Management: Return empty chlorine cylinders,tankcars and cargo tanks containing residual gas and/or liquid to supplier in compliance with applicable DOT regulations.See product label for container disposal information. Chlorine Page 5 of 6 SDS Revision Date:5/1/2015 Safety Data Sheet 14. Transport information UN number: UN1017 UN proper shipping name: Chlorine Transport hazard class(es) DOT(Domestic Surface Transportation) DOT Proper Shipping Chlorine Name: DOT Hazard Class 2.3, (5.1,8) DOT Label: 2.3, 5.1,8 UN/NA Number: UN1017 DOT Packing Group: Not Applicable CERCLA/DOT RQ: 10 lbs. Environmental hazards: IMDG Marine Pollutant:Yes(Chlorine) Special precautions for Not Applicable user: 15. Regulatory information Regulatory Overview: The regulatory data in Section 15 is not intended to be all-inclusive,only selected regulations are represented. All ingredients of this product are listed on the TSCA (Toxic Substance Control Act) Inventory. WHMIS Classification: A-Compressed Gas C-Oxidizing Material DIA-Poisonous and Infectious Material; Materials causing immediate and serious toxic effects-Very toxic material E-Corrosive material OSHA REGULATORY This material is considered hazardous by the OSHA Hazard Communication Standard STATUS: (29 CFR 1910.1200) US EPA Tier II Hazards: Fire: No Immediate (Acute): Yes Sudden Release of Yes Delayed (Chronic): Yes Pressure: Reactive: Yes SARA 302 Extremely Hazardous Substance/RQs (lbs.) : Yes (10-lbs) SARA 311/312 Chemicals and RQs(lbs.)(>0.1%) : Yes SARA 313(TRI) Yes OSHA PSM (29 cfr 1910.119): Yes(2500-lbs) TSCA: Chlorine State N.J. RTK Substances(>1%) Listed Penn RTK Substances(>1%) Listed California Not Regulations: Prop 65 Listed 16. Other information EPA Registration Number: 813-10 NSF Maximum Use Level (STD 60): Check BOL for facility Data. (30 mg/L) Revision Information: This is the first revision of this SDS format,changes from previous revision not applicable. The information and recommendations contained herein are based upon data believed to be correct. However, no guarantee or warranty of any kind,expressed or implied,is made with respect to the information contained herein.We accept no responsibility and disclaim all liability for any harmful effects which may be caused by exposure to our products.Customers/users of this product must comply with all applicable health and safety laws,regulations,and orders. THE USER IS CAUTIONED TO PERFORM HIS OWN HAZARD EVALUATION AND TO RELY ON HIS OWN DETERMINATIONS. Chlorine Page 6 of 6 SDS Revision Date: 5/1/2015 / Safety Data Sheet 1. CHEMICAL PRODUCT AND COMPANY IDENTIFICATION Product identifier: Caustic Soda (All Grades) Synonyms: Caustic Soda Solution,Sodium Hydroxide Solution Intended use: pH neutralizer, Pulping and Bleaching, Detergent, Soaps Uses Advised Against: None known Company Identification: DPC Industries, Inc. DPC Enterprises, LP DXI Industries, Inc. DX Terminals PO Box 24600 Houston , TX 77229-4600 Emergency : CHEMTREC (USA) (800)424-9300 24 hour Emergency Telephone No. (281)457-4888 www.dxgroup.com 2. Hazard identification of the product Physical hazards Corrosive to metals Category 1 Health hazards Acute toxicity, oral Category 4 Skin corrosion/irritation Category 1 Serious eye damage/eye irritation Category 1 Environmental hazards Hazardous to the aquatic environment, acute Category 3 hazard. Label elements Using the Toxicity Data listed in section 11 and 12 the product is labeled as follows. wilho Signal Word Danger Hazard Statements Causes severe skin burns and eye damage. May be corrosive to metals. Harmful if swallowed. Precautionary Statements Prevention Keep only in original container. Wear protective gloves/protective clothing/eye protection/face protection. Do not eat, drink or smoke when using this product. Do not breathe mist or vapor. Wash thoroughly after handling. Avoid release to the environment. Response IF SWALLOWED: Rinse mouth. Do NOT induce vomiting. IF ON SKIN: Take off immediately all contaminated clothing. Rinse skin with shower/water. Wash contaminated clothing before reuse. IF INHALED: Remove to fresh air and keep at rest in a position comfortable for breathing. IF IN EYES: Rinse continuously with water for several minutes. Remove contact lenses if present and easy to do-Continue rinsing. Immediately call a POISON CENTER or doctor/physician. Collect spillage. Storage Store locked up. Disposal Dispose of contents/container in accordance with local/national regulations. 3. Composition/information on ingredients Synonyms: Caustic Soda Solution, Sodium Hydroxide Solution Ingredient CAS Number Weight Sodium hydroxide 1310-73-2 10-52 Substance classified with a health or environmental hazard. Substance with a workplace exposure limit. Sodium chloride 7647-14-5 1.0- 10 Substance classified with a health or environmental hazard. Caustic Soda Page 1 of 6 SDS Revision Date: 1/1/2017 Safety Data Sheet 4. First aid measures General Effects of exposure(inhalation, ingestion or skin contact)to substance may be delayed. Ensure that medical personnel are aware of the material(s)involved and take precautions to protect themselves. Inhalation Move victim to fresh air. Apply artificial respiration if victim is not breathing. Do not use mouth-to- mouth method if victim ingested or inhaled the substance;induce artificial respiration with the aid of a pocket mask equipped with a one-way valve or other proper respiratory medical device. Administer oxygen if breathing is difficult. Call emergency medical care. Eyes Irrigate copiously with clean fresh water for at least 10 minutes, holding the eyelids apart and seek medical attention. Remove contact lenses, if present and easy to do. Continue rinsing. Call a physician or poison control center immediately. Skin Remove contaminated clothing. Wash skin thoroughly with water for at least 15-20 minutes. Get medical attention immediately! Wash clothing separately before reuse. Destroy or thoroughly clean contaminated shoes. Ingestion If accidentally swallowed obtain immediate medical attention. Keep at rest. Do NOT induce vomiting. Immediately rinse mouth and drink plenty of water. If vomiting occurs, keep head low so that stomach content doesn't get into the lungs. Never give anything by mouth to an unconscious person. Do not use mouth-to-mouth method if victim ingested the substance. Most important symptoms and effects,both acute and delayed Overview Effects of exposure(inhalation, ingestion or skin contact)to substance may be delayed. Burning pain and severe corrosive skin damage. Permanent eye damage including blindness could result. Symptoms may include stinging, tearing, redness,swelling, and blurred vision. Indication of Provide general supportive measures and treat symptomatically. Symptoms may be delayed. Keep immediate medical victim under observation. attention and EYES: Causes serious eye damage. special treatment SKIN: May be harmful in contact with skin. Causes severe skin burns and eye damage. needed 5. Fire-fighting measures Extinguishing Water fog. Foam. Dry chemical powder. Carbon dioxide(CO2). Use media appropriate for media surrounding area. Unsuitable Do not use a solid water stream as it may scatter and spread fire. Do not use halogenated extinguishing extinguishing agents. media Special hazards Sodium oxide. Decomposition by reaction with certain metals releases flammable and explosive arising from the hydrogen gas. Do not breathe mist/vapors/spray. substance or mixture Special protective Fire fighters should enter the area only if they are protected from all contact with the material. Full equipment and protective clothing, including self-contained breathing apparatus, coat, pants,gloves, boots and precautions for bands around legs, arms, and waist, should be worn. No skin surface should be exposed firefighters Advice for fire- Fire fighters should enter the area only if they are protected from all contact with the material. Full fighters protective clothing, including self-contained breathing apparatus, coat, pants,gloves, boots and bands around legs, arms, and waist, should be worn. No skin surface should be exposed. Move containers from fire are if you can do so without risk. Use water spray to cool containers. ERG Guide No. 154 6. Accidental release measures Personal Keep unnecessary personnel away. Do not get in eyes, on skin, or on clothing. Do not taste or precautions, swallow. Do not breathe mist or vapor. Use only with adequate ventilation. Wear appropriate protective personal protective equipment. Transfer and storage systems should be compatible and corrosion equipment and resistant. Observe good industrial hygiene practices. Do not touch damaged containers or spilled emergency material unless wearing appropriate protective clothing. Local authorities should be advised if procedures significant spillages cannot be contained Caustic Soda Page 2 of 6 SDS Revision Date: 1/1/2017 Safety Data Sheet 6. Accidental release measures(Cont.) Environmental Avoid discharge into drains,waterways or onto ground. precautions Large Spills: Stop the flow of material, if this is without risk. Dike the spilled material,where this is possible. Absorb spill with inert material (e.g., dry sand or earth), then place in a chemical waste container. Following product recovery, flush area with water. Small Spills: Absorb spill with vermiculite or other inert material. Clean surface thoroughly to remove residual contamination. Never return spills in original containers for re-use. For waste disposal, see Section 13 of the SDS. Methods and CALL Emergency Response Telephone Number on Shipping Paper first. If Shipping Paper not material for available or no answer, refer to appropriate telephone number listed on the inside back cover. As containment and an immediate precautionary measure,isolate spill or leak area in all directions. Keep unauthorized cleaning up personnel away. Stay upwind. Keep out of low areas. Ventilate enclosed areas. 7. Handling and storage Precautions for Use caution when combining with water; DO NOT add water to caustic; ALWAYS add caustic to safe handling water while stirring to minimize heat generation. Do not get in eyes, on skin, or on clothing. Do not taste or swallow. Do not breathe mist or vapor. Use only with adequate ventilation. Wear appropriate personal protective equipment. Transfer and storage systems should be compatible and corrosion resistant. Observe good industrial hygiene practices. Conditions for Keep container tightly closed. Store in a cool, dry,well-ventilated place. Store in corrosive safe storage, resistant container with a resistant inner liner. Store away from incompatible materials(Reacts including any with water, acids,metals and reducing sugars(fructose)). Store at temperatures not exceeding incompatibilities 40°C/104°F. Compatible storage materials may include, but not be limited to,the following: nickel and nickel alloys, steel, plastics, plastic or rubber-lined steel, FRP, or Derakane vinyl ester resin. Do not allow material to freeze. 8. Exposure controls and personal protection Control Parameters Occupational Exposure Limits CAS No. Ingestion Source Value 1310-73-2 Sodium hydroxide OSHA TWA 2 mg/m3 ACGIH Ceiling:2 mg/m3 NIOSH Ceiling 2 mg/m3 7647-14-5 Sodium chloride OSHA No Established Limit ACGIH No Established Limit NIOSH No Established Limit Exposure controls Eyes Wear chemical goggles and/or face shield. Skin Chemical impervious gloves. Wear chemical resistant clothing. Respiratory If engineering controls do not maintain airborne concentrations below recommended exposure limits protection (where applicable)or to an acceptable level, an approved respirator must be worn. Respirator type: Chemical respirator with organic vapor cartridge and full facepiece. Other Work Use good personal hygiene practices. Wash hands before eating,drinking, smoking or using toilet. Practices Promptly remove soiled clothing and wash thoroughly before reuse. Routinely wash work clothing and protective equipment to remove contaminants. Engineering Good general ventilation should be considered. If applicable, use process enclosures, local Controls 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. Caustic Soda Page 3 of 6 SDS Revision Date: 1/1/2017 Safety Data Sheet 9. Physical and chemical properties Physical Sate Liquid Appearance Colorless to Slightly Hazy Liquid Odor Odorless Odor threshold Not Measured pH 14 Melting point/freezing point 50-53°F(10- 11.67°C)(50%solution) Initial boiling point and boiling 266-284°F(130- 140°C) (50%solution) range Flash Point Not Applicable Evaporation rate Not Measured Flammability(solid,gas) Not Applicable Upper/lower flammability or Not Measured explosive limits Vapor pressure(Pa) 23.76 mm Hg(approximately)(77°F (25°C)) Relative Density 1.525(50%solution) Specific Gravity 1.11 - 1.53 Solubility in Water Complete Partition coefficient n- Not Measured octanol/water(Log Kow) Auto-ignition temperature(°C) Not Measured Decomposition temperature Not Measured Viscosity(cSt) Not Measured VOC% Not Measured Other information Molecular formula NaOH Molecular weight 40.1 g/mol 10.Stability and reactivity Reactivity Contact with metal may release flammable hydrogen gas. Chemical stability Material is stable under normal conditions. Possibility of hazardous Hazardous polymerization does not occur. reactions Conditions to avoid Reacts violently with strong acids. This product may react with oxidizing agents. Do not mix with other chemicals. Corrosive to aluminum, tin, zinc, copper and most alloys in which they are present including brass and bronze. Corrosive to steels at elevated temperatures above 40°C (104°F). Incompatible materials Oxidizing agents.Acids. Phosphorus. Aluminum. Zinc. Tin. Initiates or catalyzes violent polymerization of acetaldehyde, acrolein or acrylonitrile. Hazardous decomposition Contact with metals(aluminum, zinc, tin)and sodium tetrahydroborate liberates products hydrogen gas. 11.Toxicological information Ingredient Oral LD50,mg/kg Skin LD50,mg/kg Inhalation Vapor Inhalation Dust/Mist Inhalation Gas LD50, LD50,mg/L/4hr LD50,mg/U4hr ppm Sodium hydroxide- 6,600.00,Mouse- 1,350.00,Rabbit- 600.00,Mouse- No data available No data available (1310-73-2) Category:NA Category:4 Category: NA Sodium chloride- 1,350.00,Rabbit- 100.00,Rat- 40.00,Mouse- 10,500.00, Rat- No data available (7647-14-5) Category:4 Category:2 Category:NA Category: NA Ingestion Causes digestive tract burns. Harmful if swallowed. Inhalation May cause irritation to the respiratory system. Skin contact Causes severe skin burns. Eye contact Causes severe eye burns. Causes serious eye damage. Caustic Soda Page 4 of 6 SDS Revision Date: 1/1/2017 Safety Data Sheet 11.Toxicological information (Cont.) Symptoms related to the physical, Burning pain and severe corrosive skin damage. Permanent eye damage including chemical and toxicological blindness could result. characteristics Acute toxicity Harmful if swallowed Acute Toxicity(mouth) Not Applicable Acute Toxicity(skin) May be harmful in contact with skin. Acute Toxicity(inhalation) Not Applicable Skin corrosion/irritation Causes severe skin burns and eye damage. Eye damage/irritation Causes serious eye damage. Sensitization(respiratory) Not Applicable Sensitization(skin) Not Applicable Germ toxicity 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. Reproductive Toxicity No data available Specific target organ systemic Not available toxicity(single exposure) Specific target organ systemic Not available Toxicity(repeated exposure) Aspiration hazard Droplets of the product aspirated into the lungs through ingestion or vomiting may cause a serious chemical pneumonia. Chronic effects Prolonged exposure may cause chronic effects. 12. Ecological information Toxicity-Harmful to aquatic life. Aquatic Ecotoxicity Ingredient 96 hr LC50 fish,mg/I 48 hr EC50 crustacea,mg/I ErC50 algae,mg/I Sodium hydroxide-(1310-73-2) 196.00,Poecilia reticulata 40.38,Ceriodaphnia dubia Not Available Sodium chloride-(7647-14-5) 1,100.00,Freshwater Fish 3,310.00, Daphnia magna Not Available Persistence and degradability Expected to degrade rapidly in air. Bioaccumulative potential The product is not expected to bioaccumulate. 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 Waste treatment Collect and reclaim or dispose in sealed containers at licensed waste disposal site. This material methods: and its container must be disposed of as hazardous waste. Do not allow this material to drain into sewers/water supplies. Do not contaminate ponds,waterways or ditches with chemical or used container. Dispose of contents/container in accordance with local/regional/national/international regulations. Waste from The waste code should be assigned in discussion between the user,the producer and the waste material: disposal company. Dispose of in accordance with local regulations. Empty containers or liners may retain some product residues. This material and its container must be disposed of in a safe manner. Container Empty containers should be taken to an approved waste handling site for recycling or disposal. Management: Since emptied containers may retain product residue, follow label warnings even after container is emptied. Caustic Soda Page 5 of 6 SDS Revision Date: 1/1/2017 Safety Data Sheet 14.Transport information Transport hazard class(es) UN/NA Number: UN1824 UN Proper shipping name Sodium hydroxide solution DOT(Domestic Surface Transportation) DOT Proper Shipping Name: Sodium hydroxide solution DOT Hazard Class 8 DOT Label: 8 DOT Packing Group: II CERCLA/DOT RQ: 1000 lbs. Environmental hazards: IMDG Marine Pollutant: No Special precautions for user: Read safety instructions, SDS and emergency procedures before handling. 15. Regulatory information This product is a"Hazardous Chemical"as defined by the OSHA Hazard Communication Regulatory Overview: Standard, 29 CFR 1910.1200. The regulatory data in Section 15 is not intended to be all- inclusive, only selected regulations are represented. All ingredients of this product are listed on the TSCA(Toxic Substance Control Act)Inventory. US EPA Tier II Fire: No Hazards: Sudden Release of Pressure: No Reactive: Yes Immediate(Acute): Yes Delayed (Chronic): No SARA 302 Extremely Hazardous Substance: No SARA 311/312 Chemicals : Yes SARA 313 (TRI) No CAA Section 112 Hazardous Air Pollutant No CAA Section 112R Risk Management Plan No State Regulations: N.J. RTK Substances(>1%) Not listed Penn RTK Substances(>1%) Listed California Prop 65 Not listed 16.Other information NSF Maximum Use Level (STD 60): Check BOL for facility Data. (100 to 250 mg/L) Revision Information: 1/1/2017—Section 3. Sodium hydroxide-Weight% corrected (10—52%). The information and recommendations contained herein are based upon data believed to be correct. However, no guarantee or warranty of any kind,expressed or implied, is made with respect to the information contained herein. We accept no responsibility and disclaim all liability for any harmful effects which may be caused by exposure to our products. Customers/users of this product must comply with all applicable health and safety laws, regulations, and orders. THE USER IS CAUTIONED TO PERFORM HIS OWN HAZARD EVALUATION AND TO RELY ON HIS OWN DETERMINATIONS. Caustic Soda Page 6 of 6 SDS Revision Date: 1/1/2017 8/31/2017 Listing Category Search Page I NSF International N . The Public Health and Safety Organization NSF Product and Service Listings These NSF Official Listings are current as of Thursday, August 31, 2017 at 12:15 a.m. Eastern Time. Please contact NSF International to confirm the status of any Listing, report errors, or make suggestions. Alert: NSF is concerned about fraudulent downloading and manipulation of website text.Always confirm this information by clicking on the below link for the most accurate information: http:/f .info.nsf.org/Certified/PwsChemicals/Listings.asp?Company=128go&Standard=o6o& NSF/ANSI 60 Drinking Water Treatment Chemicals - Health Effects DXI Industries, Inc. 300 Jackson Hill P.O. Box 130410 Houston,TX 77219-0410 United States 281-457-4888 Visit this company's website (http://www.dxgroup.com) Facility : Houston, TX j Chlorine[CL] Trade Designation Product Function Max Use Chlorine Disinfection&Oxidation 3o mg/L [CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Sodium Hydroxide Trade Designation Product Function Max Use Caustic Soda 20% Corrosion&Scale Control 25omg/L pH Adjustment Caustic Soda 25% Corrosion&Scale Control 2oomg/L 8/31/2017 Listing Category Search Page I NSF International pH Adjustment Caustic Soda 30% Corrosion &Scale Control 167mg/L pH Adjustment Caustic Soda 50% Corrosion&Scale Control ioomg/L pH Adjustment Sodium Hydroxide 20% Corrosion&Scale Control 25omg/L pH Adjustment Sodium Hydroxide 25% Corrosion&Scale Control 2oomg/L pH Adjustment Sodium Hydroxide 30% Corrosion&Scale Control 167mg/L pH Adjustment Sodium Hydroxide 50% Corrosion&Scale Control loomg/L pH Adjustment Sodium Hypochlorite[CL] Trade Designation Product Function Max Use Dixichlor Disinfection&Oxidation 7omg/L Dixichlor Max Disinfection&Oxidation 56mg/L Sodium Hypochlorite 10% Disinfection&Oxidation 70 mg/L Sodium Hypochlorite 12.5% Disinfection&Oxidation 56 mg/L [CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Number of matching Manufacturers is 1 Number of matching Products is 13 Processing time was o seconds CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-255962 DXI Industries, Inc. Houston, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 08/31/2017 being filed. City of Port Arthur, Texas Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. P17-066 Water Treatment Chemicals Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Morian, S. Reed Houston,TX United States X Morian, S. C. Houston,TX United States X Karm, R. C. Houston, TX United States X Ingram, William E. Houston,TX United States X Nixon,William L. Houston, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 VIT — �'���■""�"""'� I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. •"""""4,., BEVERLEY S. BATES r� +,!�ey.� s:: Y+:Notary Public.State of Texas .. Comm. Expires 02-06-2019 S,%`,? ,`,,,,, Notary ID 12446160.0 Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said R. C. Karm, President ,this the 31st day of August 20 17 ,to certify which,witness my hand and seal of office. /jazZ Beverley S. Bates, Notary ID# 12446160-0 Signal of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 P.R. No. 19905 10/17/17 Exhibit "D" PURCHASING CONTRACT AGREEMENT (Shannon Chemical Corp.) P.R. No. 19905 10/17/17 PURCHASING CONTRACT AGREEMENT THIS AGREEMENT is made this the of , 2017, by and between an individual, firm partnership or corporation, Shannon Chemical Corp. of Malvern, PA, 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 be for one (1) year, with an option to renew for one (1) additional year, from the date issued on the Notice to Proceed 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 Liquid Phosphate, as delineated and submitted in their bid on September 06, 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: Water Treatment Chemicals 4. The Vendor agrees to deliver all materials on an as-needed basis during the term of this contract, in a not-to-exceed maximum amount of $49,005.00 (67.5 tons @ $726.00/ton) for Liquid Phosphate as shown in the Bid schedule. 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 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. P.R. No. 19905 10/17/17 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: Shannon Chemical Corp. SIGNED AND AGREED to on the day of , 2017. WITNESS: CITY OF PORT ARTHUR: City Secretary City Manager DERRICK FREEMAN,MAYOR BRIAN MCDOUGAL CAL JONES.,MAYOR PRO TEM CITY MANAGER COUNCIL MEMBERS: City of SHERRI BELLARD,TRMC RAYMOND SCOTT JR. CITY SECRETARY, THOMAS KINLAW c HAROLD DOUCET SR. ort r t h rt r WILLIE`BAE"LEWIS JR. VAL TEEM OSMAN S WATT I't as CITY ATTORNEY CHARLOTTE MOSES KAPRINA RICHARDSON FRANK AUGUST 14,2017 INVITATION TO BID WATER TREATMENT CHEMICALS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, August 30, 2017. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, August 30, 2017 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE:P17-066 DELIVERY ADDRESS: Please submit one (1)original and one (1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET,4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid should be directed in writing to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams(cr�portarthurtx.gov Purchasing Division/Finance Department I Acting Purchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Clifton Williams, CPPB Purchasing Manager Page 2 of 15 Ili INVITATION TO BID WATER TREATMENT CHEMICALS (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 15 SPECIFICATIONS FOR WATER TREATMENT CHEMICALS FOR THE CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT GENERAL INFORMATION All chemicals specified herein shall conform to Standard 60 of the American United Laboratory National Standards Institute/National Sanitation Foundation/Underwriter's Laboratory (ANSUNSF/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 is to be approximately one (1) year, with the option to extend the contract for one (1) additional one year period. Shipments are to be made as needed. No price increases will be allowed for the first ninety (90) days during 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 given 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 50% (by weight)Sodium Hydroxide—145 dry tons (estimated) Solution should contain approximately 6.4 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 4 of 15 Item No. 2 25% (by weight) Sodium Hydroxide- 72 dry tons (estimated) No Bid Item No. 3 100% Liquid Chlorine-325 tons (estimated) in one-ton containers Shipments shall be made in lots of nine tons. Shipments are to be by truck and are to be unloaded and drums placed in position on City racks, by successful bidder. Liquid Chlorine shall conform to the latest revision of AWWA Standard B301. All ton cylinders shall be equipped with new or newly reconditioned valves meeting the Chlorine Institute standard for new valves. All newly reconditioned valves shall be reconditioned according to the Chlorine Institute's latest publication. It shall be the sole responsibility of the successful bidder to immediately remove any ton cylinder failing to meet any requirements of these specifications. The manufacturer or vendor shall provide an affidavit (signed by an officer of the company) acknowledging that the Liquid Chlorine to be furnished complies with all applicable requirements of AWWA Standards. Item No. 4 100%Liquid Chlorine-36,000 lbs. (estimated) in 150 lb. cylinders Same condition as above Item No. 3, except shipments shall be in 20 cylinder lots, and shall be unloaded by successful bidder. Item No. 5 99.995% (by weight) Anhydrous Ammonia - 80,000 pounds (estimated) Ammonia shall be refrigeration (R) grade, and shall 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 strainers or flow regulating devices. The City has it's own 1,460 gallon tank. Successful bidder, or bidders, must agree to enter into a contract with the City of Port Arthur. The life of the contract is to be approximately one (1) year. Prices shall be firm for the life of the contract. The City reserves the right to cancel this contract with (5) days prior written notice. Item No. 6 23-25% (available fluoride)Hydrofluosilicic Acid - 190,000 lbs. (estimated) Hydrofluorsilicic Acid shall be supplied by tank truck in 4,000 gallon loads, as ordered. Water Plant storage connections consist of 2" PVC pipe with a 2" stainless steel female quick coupling. Static lift required is 17 feet. Hydrofluosilicic Acid shall conform to AWWA Standard B703-89 or latest revision. The manufacturer or vendor shall provide an affidavit signed by an officer of the company acknowledging that the Hydrofluosilicic Acid furnished complies with all applicable requirements of AWWA Standards. Item No. 7 Phosphates - 135,000 lbs (estimated) Vendor shall furnish an estimated 135,000 pounds of a 50/50 ortho/polyphosphate blend, with 36-40% total phosphate. Each bidder shall provide, with their bid, certification that their product meets these requirements. Successful bidder must provide water quality analysis to monitor and verify performance of their product during the life of the contract as follows: 1. Two (2) lead samples and two (2) copper samples may be required for the vendor to collect and analyze each month. Testing method must be one approved by the TCEQ and the EPA. This is to monitor the distribution system if any discrepancies arise. 2. This treatment system is currently in compliance and the successful bidder must keep the system in compliance or this contract will be terminated. Page 5of15 CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: Water Treatment Chemicals for Utility Operations BID DUE DATE: August 30, 2017 ITEM# UOM DESCRIPTION UNIT COST 1 DRY TONS 50% SODIUM HYDROXIDE $ No Bid 2 DRY TONS . 25% SODIUM HYDROXIDE $ No Bid 3 TONS LIQUID CHLORINE (TON CYL.) $ No Bid 4 LBS LIQUID CHLORINE (150LB CYL.) $ No Bid 5 LBS ANHYDROUS AMMOINIA $ No Bid 6 LBS HYDROFLUOSILICIC ACID $ 0 . 267/# 7 LBS PHOSPHATE $ 0 . 363/# Delivery will be made 7-10 Days after Receipt of Order. Shannon Chemical Corporation 602 Jeffers Circle, Exotn, PA 19341 COMPANY NAME STREET ADDRESS P.O. Box 376 SIGNATURE OF BIDDER P.O.BOX Daniel C. Flynn Malvern PA 19355 PRINT OR TYPE NAME CITY STATE ZIP Vice President-Operations 610-363-9090 TITLE AREA CODE TELEPHONE NO dcflynn@shannonchem.com 610-524-6050 EMAIL FAX NO. Page 6 of 15 CITY OF PORT ARTHUR, TEXAS NON-COLLUSION AFFIDAVIT CITY OF P(MTARTRUK Exton § § STATE OF TEXA KPennsylvania 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: a Ci )7 --- I Printed Name: Daniel C. Flynn Title: Vice President-Operations Company: Shannon Chemical Corporation Date: 08/23/17 SUBSCRIBED and sworn to before me by the above named Daniel C. Flynn on this the 23rd day of August 20 17 . Lr \ -� Notary Public in and for the State of T ( Pennsylvania My commission expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL KIMBERLY D'AMBROSIO Notary Public WEST WHITELAND TWP CHESTER COUNTY 1 My Commission Expires Apr 7,2019 Page 7 of 15 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. Shannon Chemical Corporation 08/2 3/1 7 Firm Name Date --�— 6(_,_ Vice President-Operations Authorized Si ature Title Daniel C. Flynn 610-363-9090 Name (please print) Telephone dcflynn@shannonchem.com Email STATE: Pennsylvania COUNTY: Chester SUBSCRIBED AND SWORN to before me by the above named Daniel C. Flynn on this the 23rd day of August , 20 17 . 40,u,„ )7_,,,,b,,,, ,c0 Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL KIMBERLY D'AMBROSIO Notary Public WEST WHITELAND TWP,CHESTER COUNTY My Commission Expires Apr 7,2019 Page 8 of 15 1 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. OFFICE USE 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 filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. Name of vendor who has a business relationship with local governmental entity. Shannon Chemical Corporation Jn Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated I I 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 disclosed. Not Applicable Name of Officer ,J 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(a)(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 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? 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? 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. BJ Check this box if the vendor has given the local government officer or afamily member of the officer one or more gifts as described in Section 176.003(a)(2)(8), excluding gifts described in Section 176.003(a-1). Daniel C. Flynn 08/23/17 Signature of vendor doing business 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 10 of 15 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. 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. Page 11 of 15 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, 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 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. Page 12 of 15 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 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. Page 13 of 15 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. Standard Worker's Compensation Insurance: 2. 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. 3. 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 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. Page 14 of 15 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 15 of 15 111 Shannon Chemical Corporation Specializing in LEAD and COPPER Corrosion Control Corporate Resolution At the meeting of directors of SHANNON CHEMICAL CORPORATION, duly noticed and held on July 20, 2017 a quorum being there present, on motion duly made and seconded. It was: Resolved that Daniel C. Flynn, be and is hereby appointed, constituted and designated as agent and Attorney-in-Fact of the corporation with full power and authority to act on behalf of this corporation in all negotiations; bidding, concerns and transaction, including but not limited to the execution of all bids, papers, documents, affidavits, bonds, sureties, contracts and acts and to receive and receipt therefore all purchase orders and notices.issued pursuant to the provisions of any such bid or contract. This corporation hereby ratifying, approving,- confirming and accepting each and every such act performed by said agent and Attorney-in- Fact. I hereby certify the foregoing to be a true and correct copy of an excerpt of the minutes of the above dated meeting of the board of directors of said corporation,and the same has not been revoked or rescinded. 08/23/17 Date Post Office Box 376 • Malvern, Pennsylvania 19355 • (610)363-9090 • Fax: (610)524-6050 shnnnon Chemical Corporation Specializing in LEAD and COPPER Corrosion Control Hydrofluorosilicic Acid (HFSA) SE-1900 L-25 Affidavit of Compliance SHANNON CHEMICAL CORPORATION certifies that SE-1900 L-25 complies in all aspects to the bid specifications for the City of Port Arthur,TX. SHANNON CHEMICAL,CORPORATION certifies that SE-1900 L-25 is ANSI/NSF Certified to Standard 60 as a fluoride additive in;potable drinking water. All raw materials used in the formulation of SE-1900 L-25 meet or exceed the specifications for additives to potable drinking water as stated' in the Water Chemical Codex and the Water Chemical Codex; Supplementary Recommendations for Direct Additives. SE-1900 L-25 has the followingchemical and physical characteristics: Specific Gravity: 1 .2 1 . 3 Color: Less Than' 10. 0 CU Odor: Sharp; Pungent UN#: 1778 Packing Group;II': Placards": Corrosive Percentage H2SIF6: 23 - 30%_" Percentage HF: Less Than 0 . 4% Daniel.C. Flynn Vice President-Operations: - SHANNON CHEMICAL CORPORATION Post Office Box 376 • Malvern,Pennsylvania 19355 • (610)363-9090 • Fax (610)524-6050 shnnnon Chemical Corporation Specializing in LEAD and COPPER Corrosion Control SLI-5250 Affidavit of Compliance SHANNON CHEMICAL CORPORATION certifies that SLI-5250 complies in all aspects to the bid specifications for the City of Port Arthur,TX. _ SHANNON CHEMICAL CORPORATION certifies that SLI-5250 is .accepted-br the EPA for use as a corrosion control additive in potable drinking water. SLI-5250 isapproved by the National. Sanitation Foundation under Standard 60: . All raw materials used inthe formulation of SLI-5250 meet or exceed the specifications for additives to,potable drinking water asstated in the Water Chemical Codex and the.Water Chemical Codex; Supplementary Recommendations for Direct Additives. SLI-5250 has the following chemical and physical characteristics: Appearance: Liquid Color: Clear,Water White Odor: - None Density: 11.4#/gallon OrthophosphateasPO4: 18% Polyphosphate as PO,: 18% Ortho/Poly ratio: 1:1 pH 1% solution: 6.0 Daniel C. Flynn Vice President-O-perations, SHANNON CHEMICAL CORPORATION Post Office Box 376 • Malvern,Pennsylvania 19355 • (610)363-9090 • Fax (610)524-6050 • &hannon Chemical. Corporation Specializing in LEAD and COPPER Corrosion Control LETTER OF CERTIFICATION SLI-5250 Liquid Blended Ortho/Poly Phosphate Water Treatment Compound SHANNON CHEMICAL CORPORATION certifies that SLI-5250 is- a 1 : 1 ratio linear .liquid blended poly-orthophosphate . The total phosphate content of SLA-5250 is divided :into ;50% by weight of polyphosphate and 50% by weight of orthophosphate.. SLI-5250 is certified to' ANST/NSF Standard 60 with a maximum dosage rate ,of 27. mg/L. The specification-s. :for SLI-5250 are : • Color Water. White, Clear • Odor None. Density,- : 11,4#(/gal ±. ..2 Specific Gravity :(25°C) 1.36 ± 03 • pH 1% Solution 4 5 - 6. 0 Orthophosphate as:..PO4.. 18% ± 1 • Polyphosphate aas PO4 18 ± 1 Total Available PO4 36.% ± 1 . "Ratio. Ortho/Poly • I : 1 The raw materials used in'. the formulation of SLI-5250 Meet -or exceed the- specificationsfor additives to . potable drinking water as .stated in the Water Chemicals Codex and the 'Water Chemicals Codex: Supplementary Recommendations: Far-Direct Additives: Daniel C. :Flynn Vice . President-Operations SHANNON .CHEMICAL CORPORATION Post Office Box 376 • Malvern,Pennsylvania 19355 • (610)363-9090 • Fax (610)524-6050 shnnnon Chemical Corporation Specializing in LEAD and COPPER Corrosion Control LETTER OF CERTIFICATION Hydrofluorosilicic Acid (HFSA) SE-1900 L-25 SHANNON CHEMICAL CORPORATION certifies that our HFSA, SE-1900 L-25, has the following chemical and physical characteristics : Specific Gravity: 1 . 2 - 1 . 3 Color: Less Than 10 . 0 CU Odor: Sharp; Pungent UN# : 1778 Packing Group: II Placards : Corrosive Percentage H2SiF6: 23 - 30% Percentage HF: Less Than 0 . 4% Daniel C. Flynn Vice President-Operations SHANNON CHEMICAL CORPORATION Post Office Box 376 • Malvern,Pennsylvania 19355 • (610)363-9090 • Fax: (610)524-6050 S Shannon Chomical Corp. Safety Data Sheet SECTION 1: IDENTIFICATION OF THE PRODUCT AND COMPANY 1.1 Product Identifier Product Name • SLI-5250 Synonyms • Blended Phosphate CAS Number • Proprietary Blend SDS Number/Grade • 0012 1.2 Use of Substance/Mixture Recommended use •Water treatment; sequestration; corrosion inhibitor 1.3 Company Identification Name • Shannon Chemical Corporation Address • P.O. Box 376 Malvern, PA 19355 1.4 Contact Information Information# • (610) 363-9090 Chem Tel # • (800) 255-3924 Emergency# • (484) 354-9773 SECTION 2: HAZARDS IDENTIFICATION 2.1 Emergency Overview • SLI-5250 is a clear, water white, odorless solution. Contact with the mists, sprays, or liquid may burn eyes and skin. SLI-5250 is neither flammable nor combustible. Emergency response individuals should wear the appropriate PPE suitable for the situation to which they are responding. • The primary routes of exposure for SLI-5250 are through inhalation and/or contact with skin or eyes. 2.2 Potential Health Effects Inhalation: • Mist, if formed, may irritate mucous membranes and respiratory tract. Prolong exposure to high concentrations may result in coughing, choking and difficulty breathing. Severe inhalation may lead to pulmonary edema. SLI-5250 Contact with Skin or Eyes: • Contact with eyes may cause irritation and burning. Rinse eyes thoroughly with water. Skin contact for a prolonged period of time may result in reddening, discomfort, irritation and burning. Rinse exposed area after exposure. Skin Absorption: •Skin absorption is not a significant route of overexposure. Ingestion • Do not ingest. If the product is swallowed, irritation and burns of the mouth, throat and esophagus may occur. Acute • Contact may result in irritation and burning. Chronic • Stomach pains, metallic taste, vomiting, lung irritation and difficulty breathing may result from, prolonged exposure to high concentrations of mist. Target Organs • Skin, eyes, respiratory system SECTION 3: COMPOSITION/INFORMATION ON INGREDIENTS SLI-5250 Components • All chemicals contained in this blend are non-hazardous. Synonyms • Blended Phosphate CAS-No. • Proprietary Blend SECTION 4: FIRST AID MEASURES 4.1 Eye Exposure • Flush eyes with running water for 10-15 minutes. If individual is wearing contact lenses, remove them. Hold eyelids apart while flushing with water. Seek medical attention. 4.2 Skin Exposure • Rinse with water for 5 minutes. Remove and wash any clothing exposed to the solution before reuse. If irritation and swelling persist, seek medical attention. 4.3 Inhalation • Remove from further exposure. Expose individual to fresh air. If not breathing, give proper artificial respiration. If breathing is difficult, trained personnel should administer oxygen. Seek immediate medical attention. 2 SLI-5250 4.4 Ingestion • If victim is conscious and alert give 2-3 glasses of water. Do Not induce vomiting. Do not give anything to drink to an unconscious person. Do not leave victim unattended. To prevent aspiration, lay victim on side with head lower than waist. Vomiting may occur simultaneously. Seek immediate medical attention. SECTION 5:FIREFIGHTING MEASURES 5.1 Extinguishing Media Suitable Extinguishing Media •Not combustible. Use extinguishing media suitable for surrounding fire such as; water, foam, dry chemical powder, and carbon dioxide. Unsuitable Extinguishing • Water jet may spread fire. Media 5.2 Special Hazards Unusual Fire and Explosion • This product is non-flammable and non-combustible. However,this Hazards product may be corrosive and when exposed to common metals it may release hydrogen gas which may form flammable mixtures with air and other chemical vapors. Special Fire Fighting • SLI-5250 does not support combustion. Remove any containers from Procedures fire area if they have not been exposed to heat and if it can be done without risk to personnel. Use water spray to keep containers cool and to flush away any spillage away from metals and fire. Incipient fire fighters should wear eye protection and self-contained breathing apparatus. SECTION 6: ACCIDENTAL RELEASE MEASURES 6.1 Personal Precautions, Protective Equipment & Emergency Procedures Personal Precaution • Clear and protect area from untrained personnel. Emergency Procedures • Contain large spills in safe manner. Absorb spilled material with dry sand, speedy dry, vermiculite. Sweep up and place in containers for proper disposal according to all Federal, State, and local rules and regulations. Flush area with fresh water. 6.2 Methods and Material for Containment and Cleaning Up Containment/Clean-up • If possible, dike spill and/or contain. Mop or pump spill into plastic drums. All spills should be responded to by trained professionals using pre-planned procedures. Dispose of all chemical in accordance with Federal, State and local hazardous waste disposal regulations. 3 SLI-5250 SECTION 7: HANDLING AND STORAGE 7.1 Precautions for Safe Handling Handling • Avoid contact with skin, eyes, clothing and mucous membranes. Wear protective clothing. Handle and use in a manner consistent with good industrial/manufacturing techniques and practices. Use in a well- ventilated area. 7.2 Conditions for Safe Storage, Including Any Incompatibilities Storage • Store drums in a cool, dry location away from direct sunlight and source of heat. Keep drums tightly sealed. Use caution handling empty drums which may contain residual product, liquid and/or vapors. Store away from incompatible materials. (See Section 10) SECTION 8: EXPOSURE CONTROL/PERSONAL PROTECTION 8.1 Control Parameters Exposure Limits/Guidelines •Not Established Engineering • Adequate and proper ventilation. Measures/Controls 8.2 Personal Protections Respiratory Protection • Maintain airborne contaminant concentration below exposure limits listed in Section II. When respirators are required, select NIOSH/MSHA approved equipment in accordance with the latest OSHA standard (29 CFR 1910.134) Skin Protection • Where direct contact is likely, wear neoprene chemical resistant gloves and a protective apron or chemical suit if necessary. Eye Protection • Wear chemical splash goggles and/or a face shield when eye and face contact is possible due to splashing or material handling and transfer. Body Protection • A rubber apron or other impermeable body protection is suggested. Full body chemical protective clothing is recommended for emergency response procedures. Ventilation Protection • Use material in a well-ventilated, open area to ensure exposure limits are maintained below the levels provided in section II. 4 SLI-5250 SECTION 9: PHYSICAL AND CHEMICAL PROPERTIES 9.1 General Information Appearance • Clear, Water White Odor •None 9.2 Important Health Safety and Environmental Information pH: • 5.6 to 6.2 Freezing Point: • 18°F Boiling Point: • 215°F Flash Point: • 215°F Evaporation Rate: •Varies dependent on surrounding temperatures and atmosphere pressure Flammability (solid, gas): •Not applicable Flammability: •Non flammable Explosive Limits: •No limits established Vapor Pressure: •No limits established Vapor Density: •No data available Relative Density: • No data available Solubility(ies): •Complete Auto-ignition Temperature: •No data available Decomposition Temperature: •No data available Viscosity: • Varies with temperature Product Density: • 11.4#/gallon SECTION 10: STABILITY AND REACTIVITY 10.1 Chemical Stability • Stable under normal ambient conditions of temperature and pressure. 10.2 Conditions to Avoid • Extreme heat. 10.3 Incompatible Materials • Strong bases, strong oxidizing agents, metals, sulfur, fluorine. 10.4 Hazardous Decomposition Products • Oxides of Phosphorous, Phosphine 10.5 Hazardous Polymerization • Will not occur 5 SLI-5250 SECTION 11: TOXICOLOGICAL INFORMATION Suspected Cancer Agent • This product or its raw material ingredients are not found on any of the following lists: Federal OSHA Z List,NTP, IARC, and CAL/OSHA. Not a known carcinogen. Sensitization Effects • This product contains no known sensitizers with repeated or prolonged use. Reproductive Toxicity Information Mutagenicity • No reported mutagenic effects in humans Embryotoxicity •No reported embryotoxic effects in humans Teratogenicity •No reported teratogenis effects in humans Reproductive Toxicity •No reported reproductive toxicity effects in humans SECTION 12: ECOLOGICAL INFORMATION Biodegradability • Anaerobic Ecotoxicity •Not Available Biological Oxygen Demand (BODS) •Not Available Chemical Oxygen Demand •Not Available Additional Ecological •The phosphate component of this product may act as a plant nutrient Information: causing eutrofication. No other adverse environmental effects. SECTION 13: DISPOSAL CONSIDERATIONS 13.1 Product Waste • In case of spill, contain material and call local authorities for emergency assistance. Collect in appropriate containers. Dispose of all waste in accordance with appropriate Federal, State and local regulations. 13.2 Container Disposal • State and local requirements for container disposal often differ with Federal laws. Consult local authorities regarding proper disposal of drums and containers. SECTION 14: TRANSPORT INFORMATION Proper Shipping Name • Non Corrosive liquid,n.o.s. DOT Hazard Class •Non Corrosive 6 SLI-5250 U.N Identification •Not applicable Canadian TDG Hazard Class &Pin •Not regulated SECTION 15: REGULATORY INFORMATION This product is subject to the reporting requirements of Section 302, 304 and 313 Title III of the Superfund Amendments and Reauthorization Act as follows: Product CAS # SLI-5250 Proprietary Blend Federal Regulations • Product is not a"Hazardous Chemical" as defined by OSHA Hazard Communication Standard, 29 CFR 1910.1200. TSCA •Not regulated OSHA Specifically Regulated Substances (29 CFR 1910.1001-1050) •Not listed CERCLA Hazardous Substance List (40 CFR 302.4) •Not listed Superfund Amendments and Reauthorization Act of 1986 (SARA) Hazard categories: Immediate Hazard—No Delayed Hazard—No Fire Hazard—No Pressure Hazard—No Reactivity Hazard—No SARA 302 Extremely hazardous substance • Not listed SARA 311/312 Hazardous chemical •No SARA 313 (TRI reporting) •Not regulated 7 SLI-5250 SECTION 16: OTHER INFORMATION NFPA Health Hazard • 1 —May be irritating NFPA Fire Hazard • 0—Not combustible NFPA Reactivity • 0—Not reactive when mixed with water Preparation Date: 01/01/2014 Last Revision Date: 06/01/2015 8 shannon Chemical Corp. 376 tv" PA 19355 • Fw,o.-.� ;:_: _;z (GIS . <_t Safety Data Sheet SECTION 1: IDENTIFICATION OF THE PRODUCT AND COMPANY 1.1 Product Identifier Product Name • SE-1900 L-25 Synonyms • Fluorosilicic acid; HFSA CAS Number •N.A. SDS Number/Grade • 0045 1.2 Use of Substance/Mixture Recommended use • Fluoridation of drinking water 1.3 Company Identification Name • Shannon Chemical Corporation Address • P.O. Box 376 Malvern, PA 19355 1.4 Contact Information Information# • (610) 363-9090 Chem Tel# • (800) 255-3924 Emergency# • (484) 354-9773 SECTION 2: HAZARDS IDENTIFICATION 2.1 Classification of the Substance or Mixture GHS-US Classification Acute Tox. 4 (Oral) H302 Acute Tox. 4 (Inhalation:dust,mist) H332 Skin Corr. 1A 11314 Eye Dam. 1 H318 Aquatic Acute 3 H402 2.2 Label Elements Hazard Statements: H302—Harmful if swallowed H314—Causes severe skin burns and eye damage H318 —Causes serious eye damage H332—Harmful if inhaled H402—Harmful to aquatic life SE-1900 L-25 Precautionary Statements: P260—Do not breathe fume, mist, vapors, spray P264—Wash hands and forearms thoroughly after handling P271 —Use only outdoors or in a well-ventilated area P273 —Avoid release to the environment P280—Wear eye protection, face protection,protective gloves,protective clothing P301+P330+P331 —IF SWALLOWED: Rinse mouth. Do NOT induce vomiting P303+P361+P353 —IF ON SKIN (or hair): Remove/take off immediately all contaminated clothing. Rinse skin with water/shower P304+P340—IF INHALED: Remove person to fresh air and keep comfortable for breathing P305+P351+P338—If in eyes: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing P310—Immediately call a POISON CENTER or doctor P363 —Wash contaminated clothing before reuse • Hazard Symbols -Signal Word DANGER! 2.3 Other Hazards Hazardous to the aquatic environment SECTION 3: COMPOSITION/INFORMATION ON INGREDIENTS 3.1 Substances Not Applicable 3.2 Mixture Name Product Identifier % GHS-US Classification Fluorosilicic acid CAS: 16961-83-4 23-30 Acute Tox. 3 (Oral),H301 Acute Tox.2 (Inhalation: dust,mist),1-1330 Skin Corr. 1A,H314 Eye Dam. 1,H318 Aquatic Acute 3,H402 Water CAS: 7732-18-5 70-77 Not classified 2 SE-1900 L-25 SECTION 4: FIRST AID MEASURES 4.1 Description of First Aid Measures First-aid measures general • If exposed or concerned: Get medical advice/attention. If you feel unwell, seek medical advice (show the label where possible). Inhalation • Using proper respiratory protection, immediately move the exposed person to fresh air. Keep at rest and in a position comfortable for breathing. Give oxygen or artificial respiration if necessary. Seek immediate medical advice. Symptoms may be delayed. Skin Exposure • Remove/Take off immediately all contaminated clothing. Rinse immediately with plenty of water(for at least 15 minutes). Seek medical attention immediately if exposure is severe. Obtain medical attention if irritation develops or persists. Wash contaminated clothing before reuse. Eye Exposure • Immediately rinse with water for a prolonged period (at least 15 minutes) while holding the eyelids wide open. Seek medical attention immediately if exposure is severe. Obtain medical attention if irritation develops or persists. Ingestion • If swallowed, do not induce vomiting. Seek medical advice immediately and show this container or label. 4.2 Most Important Symptoms and Effects, Acute & Delayed Symptoms/Injuries • Corrosive. Causes burns. Harmful if swallowed. Harmful if inhaled. After Inhalation • Causes severe respiratory irritation if inhaled. Symptoms may include: Burning of nose and throat, construction of airway, difficulty breathing, shortness of breath, bronchial spasms, chest pain, and pink frothy sputum. Contact may cause immediate severe irritation progressing quickly to chemical burns. May cause pulmonary edema. Symptoms may be delayed. After Skin Exposure • Exposure may cause immediate severe irritation progressing quickly to chemical burns. After Eye Exposure • Exposure may cause immediate severe irritation progressing quickly to chemical burns. Can cause blindness. After Ingestion • May cause burns or irritation of the linings of the mouth,throat, and gastrointestinal tract. Swallowing a small quantity of this material will result in serious health hazard. Chronic Symptoms • Repeated or prolonged inhalation may damage lungs. Prolonged and repeated contact will eventually cause permanent tissue damage. Repeated and prolonged exposure to fluorine containing compounds may cause fluorosis, a condition characterized by changes in bone density and strength, accompanied by stiffness and pain in joints. 3 SE-1900 L-25 SECTION 5: FIREFIGHTING MEASURES 5.1 Extinguishing Media Suitable Extinguishing Media • Use extinguishing media appropriate for surrounding fire. Unsuitable Extinguishing • Do not get water inside containers. Do not apply water stream directly Media at source of leak. Do not use a heavy water stream. A direct water stream will cause violent splattering and generation of heat. 5.2 Special Hazards Fire Hazard •Not flammable. Under conditions of fire this material may produce: Silicon oxides. Hydrogen fluoride. Tetrafluorosilane. Decomposes above 108°C (227°F). Explosion Hazard • Product is not explosive. 5.3 Advice for Firefighters Firefighting Instructions • Keep upwind. Use water spray or fog for cooling exposed containers. Protection during Firefighting • Firefighters must use full bunker gear including NIOSH-approved positive-pressure self-contained breathing apparatus to protect against potential hazardous combustion and decomposition products. Other Information • Do not allow run-off from firefighting to enter drains or water courses. SECTION 6: ACCIDENTAL RELEASE MEASURES 6.1 Personal Precautions, Protective Equipment & Emergency Procedures For non-emergency personnel Protective Equipment • Use recommended respiratory protection. Wear suitable protective clothing, gloves and eye/face protection. Emergency Procedures • Stop leak if safe to do so. Eliminate ignition sources. Evacuate unnecessary personnel. Ventilate area. Keep upwind. For emergency responders Protective Equipment • Use recommended respiratory protection. Wear suitable protective clothing, gloves and eye/face protection. Emergency Procedures • Stop leak if safe to do so. Eliminate ignition sources. Evacuate unnecessary personnel. Ventilate area. 4 SE-1900 L-25 6.2 Methods and Material for Containment and Cleaning Up Containment • If possible, dike spill and/or contain. Do not allow into drains or water courses or dispose of where ground or surface waters may be affected. Cleaning Up • Ventilate area. Small quantities of liquid spill: take up in non- combustible inert absorbent material and shovel into container for disposal. Collect absorbed material and place into sealed, labelled container to be disposed at an appropriate disposal facility according to current applicable laws and regulations and product characteristics at the time of disposal. Liquid spill: neutralize with powdered limestone or sodium bicarbonate. Practice good housekeeping—spillage can be slippery on smooth surface either wet or dry. 6.3 Environmental Precautions If spill could enter any waterway, including intermittent dry creeks, contact the U.S. COAST GUARD NATIONAL RESPONSE CENTER at 800-424-8802. SECTION 7:HANDLING AND STORAGE 7.1 Precautions for Safe Handling Handling • Avoid all eyes and skin contact and do not breathe vapor and mist. Wear recommended personal protective equipment. Ensure there is adequate ventilation. Keep away from heat and open flame. Employ good maintenance practices to prevent leaks. Use good process control measures to prevent releases. Hygiene Measures • Handle in accordance with good industrial hygiene and safety procedures. Emergency eye wash fountains and safety showers should be available in the immediate vicinity of any potential exposure. Wash contaminated clothing before reuse. 7.2 Conditions for Safe Storage, Including Any Incompatibilities Incompatible Materials • Reacts with many metals to produce flammable and explosive hydrogen gas. Prohibitions on Mixed Storage • Keep away from strong acids and bases, chlorites, organic peroxides, combustible materials, and metals. Storage Area • Store in dry, cool area. Store in well-ventilated place away from heat and sources of ignition. Large tanks should be beamed and electrically grounded. Keep away from combustible materials. Avoid using glass metal or stoneware containers. 5 SE-1900 L-25 SECTION 8: EXPOSURE CONTROL/PERSONAL PROTECTION 8.1 Control Parameters Fluorides USA ACGIH TWA 2.5 mg/m3 USA OSHA TWA 2.5 mg/m3 USA NIOSH TWA 2.5 mg/m3 8.2 Exposure Controls Appropriate Engineering • Ensure adequate ventilation, especially in confined areas. Controls Personal Protective • Protective goggles. Face shield. Gas mask at concentration in the air Equipment >>TLV. Protective clothing. 0 0 Hand Protection • Impermeable protective gloves, such as; nitrile, neoprene, or PVC. Wear gauntlet gloves. Check glove manufacturer's permeation/degradation information. Eye Protection • Chemical safety goggles. Face shield. Do not wear contact lenses. Skin and Body Protection • Wear suitable protective clothing. Chemical resistant suit. Rubber apron, boots. Respiratory Protection • Use a NIOSH-approved respirator or self-contained breathing apparatus whenever exposure may exceed established Occupational Exposure Limits. Use respirator approved for acid fumes and mist. Environmental Exposure • Emergency eye wash fountains and safety showers should be available in Controls the immediate vicinity of any potential exposure. SECTION 9: PHYSICAL AND CHEMICAL PROPERTIES 9.1 General Information Appearance • Water white to straw yellow; liquid Odor • Pungent 9.2 Important Health Safety and Environmental Information pH: • 1.0—2.0 Freezing Point: •No Data Available 6 SE-1900 L-25 Boiling Point: • 136— 163°C (277—326°F) Flash Point: •No Data Available Evaporation Rate: •No Data Available Flammability(solid, gas): •No Data Available Vapor Pressure: • 24 mm Hg at 25°C (77°F) Relative Density: • 1.2 at 24°C (75°F) Solubility (ies): • Water: Miscible Auto-ignition Temperature: •No Data Available Decomposition Temperature: • 108°C (227°F) Viscosity: •No Data Available Product Density: • 10.0 — 11.0 #/gallon SECTION 10: STABILITY AND REACTIVITY 10.1 Chemical Stability • Stable under normal ambient conditions of temperature and pressure. 10.2 Conditions to Avoid • Extreme heat. (Above 108°C) 10.3 Incompatible Materials • Strong acids and bases, chlorites, organic peroxides, combustible materials, and metals. Attacks glass and stoneware. 10.4 Hazardous Decomposition Products • Thermal decomposition generates: Silicon oxides, Hydrogen fluoride, and Tetrafluorosilane. 10.5 Hazardous Polymerization • Will not occur SECTION 11: TOXICOLOGICAL INFORMATION 11.1 Information on Toxicological Effects Acute Toxicity • Harmful if swallowed. Harmful if inhaled. CAS Fluorosilicic acid 16961-83-4 Acute Toxicity: Ingestion/Oral-Rat LD50. 125 mg/kg; Inhalation-Rat LC50•0.28 mg/I(reported as 1.11 mg/I/1h) Skin Corrosion/Irritation • May cause severe skin burns and eye damage. (pH: 1.0—2.0) Serious Eye Damage/Irritation • Causes serious eye damage. (pH: 1.0—2.0) Respiratory or Skin Sensitization •Not classified Germ Cell Mutagenicity •Not classified Carcinogenicity •Not classified 7 SE-1900 L-25 Fluorosilicic Acid(16961-83-4) IARC group 13 Reproductive Toxicity •Not classified Specific Target Organ Toxicity •Not classified (single exposure) Specific Target Organ Toxicity •Not classified (repeated exposure) Aspiration Hazard •Not classified SECTION 12: ECOLOGICAL INFORMATION Ecotoxicity •No Data Available Environmental Fate Stability in Water • Product is NSF certified to ANSI Standard 60 for the fluoridation of municipal water supplies Toxicity •No Data Available Degradation Product Biodegradation •No Data Available Photodegradation •No Data Available SECTION 13: DISPOSAL CONSIDERATIONS 13.1 Waste Treatment Methods Sewage Disposal Recommendations • This material is hazardous to the aquatic environment. Keep out of sewers and waterways. Waste Disposal Recommendations • Place in an appropriate container and dispose of the contaminated material at a licensed site. Additional Information • Dispose of waste material in accordance with all local, regional, national and international regulations. SECTION 14: TRANSPORT INFORMATION In accordance with DOT/TDG/ADR/RID/ADNR/IMDG/ICAO/IATA U.N. Number • 1778 Proper Shipping Name • Fluorosilicic acid Dept. of Transportation Hazard • 8 —Class 8— Corrosive material 49 CFR 173.136 Classes Hazard Labels • 8 —Corrosive Substances CORROSIVE 8 Packing Group • II—Medium Danger 8 SE-1900 L-25 DOT Special Provisions • B2 —MC 300, MC 301, MC 302, MC 303, MC 305, and MC 306 and (49 CFR 172.102) DOT 406 cargo tanks are not authorized. IB2—Authorized IBCs: Metal (31A, 31B and 31N); Rigid plastics (31H1 and 31H2); Composite (31 HZ 1). TP 12—This material is considered highly corrosive to steel. DOT Packaging Exceptions • None (49 CFR 173.xxx) DOT Packaging Non Bulk • 202 (49 CFR 173.xxx) DOT Packaging Bulk • 242 (49 CFR 173.xxx) Emergency Response Guide • 154 (ERG) Number Other Information •No supplementary information available. SECTION 15: REGULATORY INFORMATION 15.1 U.S. Federal Regulation Hydrofluorosilicic Acid SARA Section 311/312 Hazard Classes Immediate (acute) health hazard Delayed (chronic)health hazard Fluorosilicic Acid (16961-83-4) Listed on the United States TSCA (Toxic Substances Control Act) inventory 15.2 U.S. State Regulations The following states have an OSH program approved by OSHA. If you are located in any of these states you may be under state jurisdiction rather than federal jurisdiction and your state may have more stringent requirements than OSHA. You should consult your state regulations to ensure compliance. Phosphoric Acid (7664-38-2) Alaska Indiana Minnesota North Carolina Utah Arizona Iowa Nevada Oregon Vermont California Kentucky New Mexico Puerto Rico *Virgin Islands *Connecticut Maryland *New Jersey South Carolina Virginia Hawaii Michigan *New York Tennessee Washington *Illinois Wyoming *The state plans in these states apply only to public sector employers. In these states private sector employers are subject to USOL— OSHA jurisdiction. All other state plans apply to both public and private sector employers. 9 SE-1900 L-25 SECTION 16: OTHER INFORMATION NFPA Health Hazard • 3 — Short exposure could cause serious temporary or residual injury even though prompt medical attention was given. ACID NFPA Fire Hazard • 0—Materials that will not burn NFPA Reactivity • 1 —Normally stable, but can become unstable at elevated temperatures and pressures or may react with water with some release of energy, but not violently. Acute Tox. 2 Acute toxicity (inhalation:dust,mist) Category 2 (Inhalation:dust,mist) Acute Tox. 3 (Oral) Acute toxicity (oral) Category 3 Acute Tox. 4 Acute toxicity (inhalation:dust,mist) Category 4 (Inhalation:dust,mist) Acute Tox. 4 (Oral) Acute toxicity (oral) Category 4 Eye Dam. 1 Serious eye damage/eye irritation Category 1 Skin Corr. 1A Skin corrosion/irritation Category 1A H301 Toxic if swallowed H302 Harmful if swallowed H314 Causes severe skin burns and eye damage H318 Causes serious eye damage H330 Fatal if inhaled H332 Harmful if inhaled Preparation Date: 01/01/2014 Last Revision Date: 06/01/2015 Disclaimer/Statement of • The information herein is given in good faith but no warranty, Liability expressed or implied, is made. 10 0 • NSF International OFFICIAL LISTING NSF International Certifies that the products appearing on this Listing conform to the requirements of NSF/ANSI Standard 60 - Drinking Water Treatment Chemicals - Health Effects This is the Official Listing recorded on March 15, 2017. Shannon Chemical Corp. P.O. Box 376 Malvern, PA 19355 610-363-9090 Facility: Exton, PA Chemical/ Trade Designation Function Max Use Blended Corrosion Inhibitor 13 SHAN-NO-CORA Lead Free Corrosion & Scale Control 14.8 mg/L SNC-4442 Corrosion & Scale Control 13 mg/L Sequestering SNC-Lead Free Corrosion & Scale Control 14.8 mg/L SNC-N2 Corrosion & Scale Control 10 mg/L SNC-NO LEAD Corrosion & Scale Control 14.8 mg/L Blended Phosphates SLI-1226 Corrosion & Scale Control 27 mg/L SLI-5215 Corrosion & Scale Control 28 mg/L Sequestering SLI-5225 Corrosion & Scale Control 26 mg/L Sequestering SLI-5230 Corrosion & Scale Control 28 mg/L Sequestering SLI-5240 Corrosion & Scale Control 28 mg/L Sequestering SLI-5250 Corrosion & Scale Control 28 mg/L Sequestering SLI-5260 Corrosion & Scale Control 28 mg/L Sequestering SLI-5270 Corrosion & Scale Control 28 mg/L Sequestering SLI-5275 Corrosion & Scale Control 30 mg/L Sequestering SLI-5285 Corrosion & Scale Control 28 mg/L Sequestering SLI-5370 Corrosion & Scale Control 28 mg/L Sequestering SLI-5385 Corrosion & Scale Control 28 mg/L Sequestering SLI-7150 Corrosion & Scale Control 30 mg/L SLI-7275 Corrosion & Scale Control 30 mg/L Sequestering Note: Additions shall not be made to this document without prior evaluation and acceptance by NSF International. 1 of 5 41630 789 N.Dixboro Road,Ann Arbor,Michigan 48105-9723 USA 1-800-NSF-MARK/734-769-8010 www.nsfore NSF International SLI-7425 Corrosion & Scale Control 28 mg/L Sequestering SLI-7450 Corrosion & Scale Control 28 mg/L Sequestering SLI-7575 Corrosion & Scale Control 36 mg/L Sequestering ai SLI-B Corrosion & Scale Control 27 mg/L SLI-DP Corrosion & Scale Control 30 mg/L 4 SLI-HP Corrosion & Scale Control 30 mg/L Sequestering SLI-K200 Corrosion & Scale Control 36 mg/L Sequestering SNC-1226 Corrosion & Scale Control 14 mg/L SNC-5210 Corrosion & Scale Control 10 ma/L Sequestering SNC-5220 Corrosion & Scale Control 10 mg/L 1 Sequestering SNC-5225 Corrosion & Scale Control 10 mg/L F Sequestering SNC-5230 Corrosion & Scale Control 10 mg/L Sequestering i SNC-5240 Corrosion & Scale Control 10 mg/L Sequestering SNC-5250 Corrosion & Scale Control 10 mg/L ! Sequestering SNC-5270 Corrosion & Scale Control 10 mg/L Sequestering r SNC-5275 Corrosion & Scale Control 10 mg/L j Sequestering SNC-5295 Corrosion & Scale Control 10 mg/L i Sequestering SNC-5420 Corrosion & Scale Control 10 mg/L Sequestering SNC-5520 Corrosion & Scale Control 10 mg/L Sequestering SNC-7220 Corrosion & Scale Control 12 mg/L Sequestering i SNC-7435 Corrosion & Scale Control 10 mg/L Sequestering SNC-HW Corrosion & Scale Control 10 mg/L d SNC-RS2 Corrosion & Scale Control 10 mg/L SNC-TYPE B Corrosion & Scale Control 10 mg/L Citric Acid [2] [3] SE-CA-50 Membrane Cleaner N/A i Well Cleaning Aid Hydrofluosilicic Acid SE-1900 L-25 Fluoridation 6 mg/L Miscellaneous Corrosion Chemicals SHAN-NO-CORR [ZN] Corrosion & Scale Control 10 mg/L SHAN-NO-CORR Plus, SNC + [ZN] Corrosion & Scale Control 10 mg/L Note: Additions shall not be made to this document without prior evaluation and acceptance by NSF International. 2 of 5 41630 789 N.Dixboro Road,Ann Arbor,Michigan 48105-9723 USA 1-800-NSF-MARK/734-769-8010 www.nsf.org 0 NSF International SHAN-NO-CORR TYPE L [all Corrosion & Scale Control 20 mg/L SHAN-NO-CORR TYPE N [ZN] Corrosion & Scale Control 10 mg/L SHAN-NO-CORR-ZOP [ZN] Corrosion & Scale Control 10 mg/L SLI-333 [ZN] Corrosion Control 25 mg/L SLI-444 S Corrosion & Scale Control 25 mg/L SNC-444 Corrosion & Scale Control 10 mg/L SNC-444 S Corrosion & Scale Control 18.6 mg/L i SNC-ZOP 123 [ail Corrosion & Scale Control 11 mg/L SNC-ZOP 321 [ZN] Corrosion & Scale Control 11 mg/L i 1 Miscellaneous Treatment Chemical RSC-100X [1] Ion Exchange Supplement 750 mg/L 1 Monosodium Orthophosphate SLI-5179 Corrosion Control 25 mg/L SLI-SE 100 Corrosion Control 25 mg/L SNC-5179 Corrosion & Scale Control 12.6 mg/L Sequestering SNC-MSP Corrosion & Scale Control 12.6 mg/L Sequestering Phosphoric Acid SLI-PHOS 36 Corrosion & Scale Control 25 mg/L SLI-PHOS 50 Corrosion & Scale Control 20.5 mg/L SLI-PHOS 75 Corrosion & Scale Control 12 mg/L Potassium Permanganate [PO] SE-3955 C Disinfection & Oxidation 50 mg/L Oxidant SE-3955 F • Disinfection & Oxidation 50 mg/L Oxidant SE-3955 N Disinfection & Oxidation 50 mg/L Oxidant Sodium Acid Pyrophosphate SNC-318 Corrosion & Scale Control 12 mg/L SNC-5185 Corrosion & Scale Control 12 mg/L [PO] Sodium Permanganate SE-2355-10 Disinfection & Oxidation 352 mg/L Oxidant SE-2355-15 Disinfection & Oxidation 234 mg/L Oxidant SE-2355-20 Disinfection & Oxidation 176 mg/L Oxidant SE-2355-25 Disinfection & Oxidation 140 mg/L Oxidant SE-2355-40 Disinfection & Oxidation 88 mg/L Oxidant Sodium Polyphosphates, Glassy SHAN-O-PHOS Corrosion & Scale Control 10.7 mg/L Sequestering SLI-5125 Corrosion & Scale Control 42.8 mg/L Sequestering SLI-5130 Corrosion & Scale Control 35.6 mg/L Sequestering Note: Additions shall not be made to this document without prior evaluation and acceptance by NSF International. 3 of 5 41630 789 N.Dixboro Road,Ann Arbor,Michigan 48105-9723 USA I-S00-NSF-MARK/734-769-5010 www.nsEorg NSF NSF International SLI-5135 Corrosion & Scale Control 30.5 mg/L Sequestering SLI-5140 Corrosion & Scale Control 26.7 mg/L Sequestering SLI-5145 Corrosion & Scale Control 23.8 mg/L Sequestering SLI-5150 Corrosion & Scale Control 21.4 mg/L 1 Sequestering SLI-5155 Corrosion & Scale Control 19.5 mg/L Sequestering SLI-5160 Corrosion & Scale Control 17.8 mg/L Sequestering SLI-Quest 25 Corrosion & Scale Control 42.8 mg/L Sequestering SLI-Quest 30 Corrosion & Scale Control 35.6 mg/L Sequestering SLI-Quest 35 Corrosion & Scale Control 30.5 mg/L Sequestering SLI-Quest 40 Corrosion & Scale Control 26.7 mg/L Sequestering SLI-Quest 45 Corrosion & Scale Control 23.8 mg/L Sequestering SLI-Quest 50 Corrosion & Scale Control 21.4 mg/L Sequestering SLI-Quest 5S Corrosion & Scale Control 19.5 mg/L Sequestering SLI-Quest 60 Corrosion & Scale Control 17.8 mg/L Sequestering SNC-5190 Corrosion & Scale Control 10.7 mg/L Sequestering Sodium Tripolyphosphate SHAN-O-POLY Corrosion & Scale Control 12 mg/L Sequestering SNC-5177 Corrosion & Scale Control 12 mg/L Sequestering Tetrapotassium Pyrophosphate SLI-6120 Corrosion & Scale Control 30 mg/L Sequestering SLI-6134 Corrosion & Scale Control 22.5 mg/L Sequestering SLI-K100 Corrosion & Scale Control 30 mg/L Sequestering SLI-KPHOS Corrosion & Scale Control 22.5 mg/L Sequestering SNC-6157 Corrosion & Scale Control 14 mg/L Sequestering SNC-KPHOS Corrosion & Scale Control 14 mg/L Sequestering Zinc Chloride MN] SLI-2125 Corrosion & Scale Control 15 mg/L SLI-2150 Corrosion & Scale Control 8 mg/L Note: Additions shall not be made to this document without prior evaluation and acceptance by NSF International. 4 of 5 41630 789 N.Dixboro Road,Ann Arbor,Michigan 48105-9723 USA 1-800-NSF-MARK/734-769-8010 www.nsf.org NSF International NSF SLI-2162 Corrosion & Scale Control 6 mg/L Zinc Orthophosphate [ZN] SLI 3535 Corrosion & Scale Control 24 mg/L SLI 4217 Corrosion & Scale Control 28 mg/L SLI 5050 Corrosion & Scale Control 17 mg/L SLI-1010 Corrosion & Scale Control 20 mg/L SLI-1021 Corrosion & Scale Control 22 mg/L SLI-1521-C Corrosion & Scale Control 22 mg/L SLI-2020 Corrosion & Scale Control 10 mg/L SLI-321 Corrosion & Scale Control 10 mg/L SLI-321L Corrosion & Scale Control 10 mg/L SLI-5024 Corrosion & Scale Control 16 mg/L SLI-5210 Corrosion & Scale Control 20 mg/L SLI-5215 Corrosion & Scale Control 40 mg/L SLI-5216 Corrosion & Scale Control 29 mg/L SLI-5217 Corrosion & Scale Control 28 mg/L SLI-5218 Corrosion & Scale Control 25 mg/L SLI-5219 Corrosion & Scale Control 22 mg/L SLI-7215 Corrosion & Scale Control 28 mg/L SLI-932 Corrosion & Scale Control 26 mg/L SLI-939 Corrosion & Scale Control 25 mg/L [1] This product is designed to be used in conjunction with ion exchange resins for the purpose of reducing radium from drinking water. [2] This product is designed to be used off-line and flushed out prior to using the system for drinking water, following manufacturer's use instructions. [3] The pH of the influent and effluent water should be monitored to ensure that all traces of the product have been removed before placing into service. [PO] The finished drinking water shall be monitored to ensure that levels of manganese do not exceed 0.05 mg/L. [ZN] Based on an evaluation of health effects data, the level of zinc in the finished drinking water shall not exceed 2.0 mg/L. Note: Additions shall not be made to this document without prior evaluation and acceptance by NSF International. 5 of 5 41630 789 N.Dixboro Road.Ann Arbor,Michigan 48105-9723 USA 1-800-NSF-MARK/734-769-80I0 www.nsforg P.R. No. 19905 10/17/17 Exhibit "E" PURCHASING CONTRACT AGREEMENT (Shrieve Chemical Co.) P.R. No. 19905 10/17/17 PURCHASING CONTRACT AGREEMENT THIS AGREEMENT is made this the of , 2017, by and between an individual, firm partnership or corporation, Shrieve Chemical Co., of Woodlands, 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 be for one (1) year, with an option to renew for one (1) additional year, from the date stated on the Notice to Proceed 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 50% Sodium Hydroxide, as delineated and submitted in their bid on September 06, 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: Water Treatment Chemicals 4. The Vendor agrees to deliver all materials on an as-needed basis during the term of this contract, in a not-to-exceed maximum amount of $81,055.00 (145 tons @ $559.00/ton) for 50% Sodium Hydroxide as shown in the Bid schedule. 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 P.R. No. 19905 10/17/17 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: Shrieve Chemical Co. SIGNED AND AGREED to on the day of , 2017. WITNESS: CITY OF PORT ARTHUR: City Secretary City Manager 1 DERRICK FREEMAN,MAYOR BRIAN MCDOUGAL CAL JONES.,MAYOR PRO TEM CITY MANAGER COUNCIL MEMBERS: " 'Q City of � , � SHERRI BELLARD,TRMC \ �J CITY SECRETARY RAYMOND SCOTT JR. THOMAS KINLAW HAROLD DOUCET SR. ort r t h u — WILLIE`BAE"LEWIS JR. VAL TIZENO OSMAN SWATI Texas CITY ATTORNEY CHARLOTTE MOSES KAPRINA RICHARDSON FRANK AUGUST 14, 2017 INVITATION TO BID WATER TREATMENT CHEMICALS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, August 30, 2017. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, August 30, 2017 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P17-066 DELIVERY ADDRESS: Please submit one (1)original and one(1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid should be directed in writing to: City of Port Arthur,TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov Purchasing Division/Finance Department I ActingPurchasing Manager,Mana Clifton Williams,CPPB P.O.Box 1089 444 4th Street 1 Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Clifton Williams, CPPB Purchasing Manager Page 2 of 15 INVITATION TO BID WATER TREATMENT CHEMICALS (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 15 SPECIFICATIONS FOR WATER TREATMENT CHEMICALS FOR THE CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT GENERAL INFORMATION All chemicals specified herein shall conform to Standard 60 of the American United Laboratory National Standards Institute/National Sanitation Foundation/Underwriter's Laboratory (ANSUNSF/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 ontract with the City of Port Arthur. The life of the contract is to be approximately one (1) year, with the option to extend the contract for one (1) additional one year period. 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 50% (by weight) Sodium Hydroxide—145 dry tons(estimated) Solution should contain approximately 6.4 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 4 of 15 Item No. 2 25% (by weight) Sodium Hydroxide - 72 dry tons (estimated) No Bid Item No. 3 100% Liquid Chlorine-325 tons(estimated) in one-ton containers Shipments shall be made in lots of nine tons. Shipments are to be by truck and are to be unloaded and drums placed in position on City racks, by successful bidder. Liquid Chlorine shall conform to the latest revision of AWWA Standard B301. All ton cylinders shall be equipped with new or newly reconditioned valves meeting the Chlorine Institute standard for new valves. All newly reconditioned valves shall be reconditioned according to the Chlorine Institute's latest publication. It shall be the sole responsibility of the successful bidder to immediately remove any ton cylinder failing to meet any requirements of these specifications. The manufacturer or vendor shall provide an affidavit (signed by an officer of the company) acknowledging that the Liquid Chlorine to be furnished complies with all applicable requirements of AWWA Standards. Item No. 4 100%Liquid Chlorine-36,000 lbs. (estimated) in 150 lb. cylinders Same condition as above Item No. 3, except shipments shall be in 20 cylinder lots, and shall be unloaded by successful bidder. Item No. 5 99.995% (by weight)Anhydrous Ammonia-80,000 pounds (estimated) Ammonia shall be refrigeration (R) grade, and shall 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 strainers or flow regulating devices. The City has it's own 1,460 gallon tank. Successful bidder, or bidders, must agree to enter into a contract with the City of Port Arthur. The life of the contract is to be approximately one (1) year. Prices shall be firm for the life of the contract. The City reserves the right to cancel this contract with(5) days prior written notice. Item No. 6 23-25% (available fluoride) Hydrofluosilicic Acid -190,000 lbs. (estimated) Hydrofluorsilicic Acid shall be supplied by tank truck in 4,000 gallon loads, as ordered. Water Plant storage connections consist of 2" PVC pipe with a 2" stainless steel female quick coupling. Static lift required is 17 feet. Hydrofluosilicic Acid shall conform to AWWA Standard B703-89 or latest revision. The manufacturer or vendor shall provide an affidavit signed by an officer of the company acknowledging that the Hydrofluosilicic Acid furnished complies with all applicable requirements of AWWA Standards. Item No. 7 Phosphates - 135,000 lbs(estimated) Vendor shall furnish an estimated 135,000 pounds of a 50/50 ortho/polyphosphate blend, with 36-40% total phosphate. Each bidder shall provide, with their bid, certification that their product meets these requirements. Successful bidder must provide water quality analysis to monitor and verify performance of their product during the life of the contract as follows: 1. Two (2) lead samples and two (2) copper samples may be required for the vendor to collect and analyze each month. Testing method must be one approved by the TCEO and the EPA. This is to monitor the distribution system if any discrepancies arise. 2. This treatment system is currently in compliance and the successful bidder must keep the system in compliance or this contract will be terminated. Page 5 of 15 CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: Water Treatment Chemicals for Utility Operations BID DUE DATE: August 30, 2017 ITEM # UOM DESCRIPTION UNIT COST 1 DRY TONS 50% SODIUM HYDROXIDE $ 551.00/05r 2 DRY TONS 25% SODIUM HYDROXIDE $ No Bid 3 TONS LIQUID CHLORINE (TON CYL.) $ 4 LBS LIQUID CHLORINE(150LB CYL.) $ 5 LBS ANHYDROUS AMMONIA $ 6 LBS HYDROFLUOSILICIC ACID $ 7 LBS PHOSPHATE $ Delivery will be madeerg Days after Receipt of Order. k eve CG ;Ca.1 6 A7 17 SS laaa s C.4,)(4" COMPANY NAME STREET ADDRESS p SI NATURE OF BIDDER P.O. BOX I so" Tke wood land f s /Tx 7 -73r) PRINT OR TYPE NAME CITY STATE ZIP .281 - 3( 7 - TITLE AREA CODE TELEPHONE NO jc.Ca..rI Sores C_„ Skr;eue .corp 0281 " 3 (0.7 - 007 EMAIL FAX NO. Page 6 of 15 1 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: `�i ..1- ( c.IiS o Title: / Company: 5 kri e�� G Date: V..1-1171 7 SUBSCRIBED and sworn to before me by the above named Ca-rico f on this the Oy+11 day of -'21U c,{t c4 , 20 1-7 . 11/1 Notary Public in and for the ����%YPr4/� ANNETTE cUE r3G?nISON State of Texas c-"*. �e% Notary Public. State of texas V% :V= Comm.Expires 07-17-2021 '114• ,0% Notary Notary io 782817371My commission expires: 61- 11 —.- Page 7 of 15 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: VI 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. 5riev2 Ct‘e-rvx I.c 6nr\pc,n 2 147 Firm Name J Date /IAA rA4r1 0,72y- Authorized Signature Title 41.E-k ��I so� ��( - 3 627 - yap( Name (please print) Telephone kC0.r ISon P„..-.In .CDM Email ����1Pft'd, ANNETTE SUE MORRISON STATE: (�jC rzor�`. U•0:-.Notary Public,State of Texas �S _ 9: ',?c Comm. Expires 07-17-2021 Notary ID 7828979 COUNTY: filofi-f-,cci.rne,{'tJ, SUBSCRIBED AND SWORN to before me by the above named lL-4 C_ec lfd'l on this the 09 day of,,L41. I v4 S-{— , 20 . GA, 7/ o Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 8 of 15 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. OFFICE USE 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 filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. J Name of vendor who has a business relationship with local governmental entity. J n Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated f ' 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 disclosed. Name of Officer 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(a)(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 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? 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? 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. Check this box if the vendor has given the local government officer or afamily 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). Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 1 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 govemment 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 wwwethics state tx us Revised 11/30/2015 Page 10 of 15 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. 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. Page 11ofl5 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, 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 601 f 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 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. Page 12 of 15 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 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. Page 13 of 15 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. Standard Worker's Compensation Insurance: 2. 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. 3. 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 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. Page 14 of 15 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 15 of 15 EXCEPTIONS TO INVITATION TO BID WATER TREATMENT CHEMICALS 1. Contractor's Obligations. The third paragraph is to be deleted in its entirety. 2. Termination for Cause. The first sentence in of this section "If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations of this contract, or if the Contractor shall violate any of the covenants, 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 termination" shall be deleted and replaced with "If Contractor shall fail to fulfill and cure, within fifteen (15) days, his obligations of this contract, or if the Contractor shall violate any of the covenants, giving written notice to the Contractor of such termination and specifying the effective date thereof, at least thirty(30) days before the effective date of termination." The last sentence of this section shall be deleted in its entirety. A new paragraph shall be added to the end of this section as follows: "TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY OR ANY OF ITS RESPECTIVE AFFILIATES BE LIABLE TO THE OTHER PARTY OR ANY OF ITS AFFILIATES FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE OR CLAIMS OF CUSTOMERS OF ANY OF THEM OR OTHER THIRD PARTIES FOR SUCH DAMAGES." 3. Care of Work. The sentence in this section "The Contractor shall be responsible for damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until the completion and final acceptance by the City" shall be deleted and replaced with "The Contractor shall be responsible for damages to person or property that occurs solely as a result of his fault or negligence in connection with the work performed until such time as any Work passes the flange from Contractor's designated carrier to the City's designated delivery terminal." 4. Sub-Contracts. A new sentence shall be added to the end of this section as follows: "Notwithstanding the foregoing, the City hereby agrees that Contractor may utilize common carriers to ship, transport, and deliver all products pursuant to the Contract." 5. Insurance. The second sentence of the final paragraph "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" shall be deleted and replaced with "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 thirty (30) days prior written notice has been given to the City of Port Arthur, if possible." NSF International OFFICIAL LISTING NSF International Certifies that the products appearing on this Listing conform to the requirements of NSF/ANSI Standard 60 - Drinking Water Treatment Chemicals - Health Effects This is the Official Listing recorded on June 24, 2016. Shrieve Chemical Company 1755 Woodstead Court The Woodlands, TX 77380 281-367-4226 Facility: Houston, TX Chemical/ Trade Designation Function Max Use Sodium Hydroxide Caustic Soda 25% Membrane pH Adjustment 400 mg/L Grade Caustic Soda 50% Membrane pH Adjustment 200 mg/L Grade Sodium Hydroxide 25% pH Adjustment 400 mg/L Membrane Grade Sodium Hydroxide 50% pH Adjustment 200 mg/L Membrane Grade Note: Additions shall not be made to this document without prior evaluation and acceptance by NSF International. 1 of 1 CO286913 789 N.Dixboro Road,Ann Arbor,Michigan 48105-9723 USA 1-800-NSF-MARK/734-769-8010 www.ns£org Shrieve Chemical Company Shriove 50°/o LIQUID CAUSTIC SODA 411) MEMBRANEGRA DE ,�.M.nsow wa%7OS.10 SALES SPECIFICATIONS Component Element As Is Basis specification Sodium Oxide \a20 °z 38.0 39.5 Sodium H�droxide \a014 00 49 0 51 ; Sodium Chloride \ kCi 0 0.0' '4a< Sodium Carbonate Na CO 0 05 \la< Sodium Sulfate \32SO4 00 0.005 Max. Sodium Chlorate \aC IO °o 0 0005 \tax Iron Fe ppm 3 0 Max SAFETY DATA SHEET Sodium Hydroxide Solution Rev. Date: 5/26/2015 Shrieve 1. IDENTIFICATION Product Name Sodium Hydroxide Solution,Caustic Soda 20-50% Product Use pH adjustment,various uses Supplier Shrieve Chemical Company Oros.. rlog IMP 1755 Woodstead Court,The Woodlands,TX 77380-USA smi...+ rgrart rvlo•'""' Contact Numbers 800-367-4226 E-mail Contact for SDS Cust-Serv(c)shrieve.com(customer service) Emergency Telephone CHEMTREC:800-424-9300 Number 2. HAZARDS IDENTIFICATION Classification Precautionary Statements Skin Corrosion, 18 DANGER! Causes severe skin bums and eye damage. Eye Damage, 1 May be corrosive to metals. Corrosive to metals, 1 Do not breathe mists or vapors. Wash hands, face and forearms thoroughly after handling. Wear protective gloves, eye and face protection. Keep only in original container. If swallowed rinse mouth; do NOT induce vomiting. If on skin or hair immediately remove contaminated clothing and rinse skin with water. Wash contaminated clothing before reuse. If inhaled remove to fresh air an dkeep comfortable for breathing. If in eyes rinse cautiously with water for several minutes. Remove contact lenses if present and easy to do so. Continue rinsing. Absorb spillage to prevent material damage Store locked up. Store in corrosive resistant container with a resistant liner. 3. COMPOSITION J INFORMATION ON INGREDIENTS Description Clear liquid Component CAS No. Conc.(%) Sodium Hydroxide 1310-73-2 19-52 Water 7732-18-5 48-81 Shrieve Chemical Company Page 1/7 SAFETY DATA SHEET dip Sodium Hydroxide Solution Rev.Date: 5/26/2015 Shrieve 4. FIRST AID MEASURES Inhalation Remove to fresh air. If not breathing, if breathing is irregular, or if respiratory arrest occurs, provide artificial respiration or oxygen by trained personnel. Loosen tight clothing that may restrict breathing. Obtain medical attention. Skin Remove contaminated clothing. Immediately wash off with water for at least 20-60 minutes.Wash clothing before reuse. Clean shoes thoroughly before reuse. Obtain immediate medical attention. Eye Obtain immediate medical attention. Immediately flush eye with plenty of water for at least 20-60 minutes while holding eyelids open. Remove contact lenses if present and easy to do so. Ingestion Give large amounts of water or milk if available. Do not induce vomiting unless directed to do so my medical personnel. Obtain immediate medical attention. 5. FIRE FIGHTING MEASURES Extinguishing media Not flammable. Use any means suitable for surrounding fire. Unsuitable extinguishing None media Fire fighting procedures Hot material can react violently with water. Can react with certain metals, such as aluminium,to generate flammable hydrogen gas. Do not enter any enclosed or confined fire space without proper protective equipment including self contained breathing apparatus and full bunker gear. Combustion products Carbon dioxide, nitrogen oxide,carbon monoxide. 6. ACCIDENTAL RELEASE MEASURES Personal Precautions No action shall be taken involving any personal risk or without suitable training. Evacuate surrounding areas. Keep unnecessary and unprotected personnel from entering. Do not touch or walk through spilled material. Do not breathe vapour or mist. Provide adequate ventilation. Wear appropriate respirator when ventilation is inadequate. Personal Protection Wear protective clothing specified for normal operations(see section 8). Environmental Protection Prevent contamination of soil and water. Prevent from spreading or entering into drains or watercourses by using sand, earth, or other appropriate barriers. Clean up methods Contain and recover liquid when possible. Residues from spills can be diluted with water, neutralized with dilute acid (acetic, hydrochloric or sulphuric). Absorb neutralized residue with inert material and place in a labelled, sealable container for subsequent safe disposal. Shrieve Chemical Company Page 2/7 SAFETY DATA SHEET 4 Sodium Hydroxide Solution Rev.Date: 5/26/2015 Shrieve 7. HANDLING AND STORAGE Put on appropriate personal protective equipment. Do not get in eyes or on skin or Handling clothing. Do not breathe vapour or mist. Do not ingest. Always add caustic to water while stirring, never the reverse. Empty containers contain the same hazards as the product and care should be take in their handling. Store in a segregated and approved area. Keep container tightly closed in a cool, Storage well-ventilated place. Separate from acids and organic materials. Store at a temperature appropriate to prevent freezing(see section 9). Do not store with aluminium or magnesium. 8. EXPOSURE CONTROLS/PERSONAL PROTECTION Occupational exposure limits TWA(8 hours) STEL(15 min) Ceiling Components: List name ppm mg/m3 Other ppm mg/m3 Other ppm mg/m3 Other Notes Sodium Hydroxide US ACGIH 2 OSHA PEL 2 Engineering Control Use only in well-ventilated areas. Use process enclosures, local exhaust ventilation or Measures other engineering controls to keep worker exposure to airborne contaminants below any recommended or statutory limits. Respiratory Protection If the exposure limit is exceeded and engineering controls are not feasible, a half face piece particulate respirator (NIOSH type N95 or better filters) may be worn for up to ten times the exposure limit or the maximum use concentration specified by the appropriate regulatory agency or respirator supplier, whichever is lowest.. A full-face piece particulate respirator(NIOSH type N100 filters) may be worn up to 50 times the exposure limit, or the maximum use concentration specified by the appropriate regulatory agency, or respirator supplier, whichever is lowest. If oil particles (e.g. lubricants, cutting fluids, glycerin, etc.)are present, use a NIOSH type R or P filter. For emergencies or instances where the exposure levels are not known, use a full-face piece positive-pressure, air-supplied respirator.WARNING: Air-purifying respirators do not protect workers in oxygen-deficient atmospheres. Hand Protection Chemical resistant gloves: Nitrile, Neoprene or butyl rubber gloves. Eye Protection Chemical splash goggles(chemical monogoggles). Wear face-shield in addition when transferring material. Body Protection Use protective clothing, which is chemical resistant to this material. Safety shoes or boots should be chemical resistant. An apron or coveralls should be used when transferring this product. Shrieve Chemical Company Page 3/7 SAFETY DATA SHEET Sodium Hydroxide Solution Rev.Date: 5/26/2015 Shrieve 9. PHYSICAL AND CHEMICAL PROPERTIES Appearance&Physical state Flammability Liquid Not applicable Odor Vapor Density none Not available Odor Threshold Relative density(15.6°C) Not available 1.223(20%solution) 1.278(25%solution) pH-value 1.332(30%solution) 14 1.530(50%solution) Melting/Freezing Point Density(15.6°C) -28°C(20%solution) 10.20(20%solution) -20°C(25%solution) 10.66 (25%solution) 3°C (30%solution) 11.11 (30%solution) 12°C(50% solution) 12.76(50%solution) Initial Boiling Point&Range Solubility Not available Dispersible in water Flash Point Partial coefficient(n-octanol/water) Not applicable Not available Evaporation Rate Auto-ignition Temperature Not available Not available Upper/Lower Explosion Limits Decomposition Temperature Not available Not available Vapor Pressure Viscosity 13 mmHg(60°C, 50%solution) Not available 10. STABILITY AND REACTIVITY Stability Stable under normal conditions of use. Conditions To Avoid Moisture and incompatibles. Incompatible Materials Sodium hydroxide in contact with acids and organic halogen compounds, especially trichloroethylene, may causes violent reactions. Contact with nitromethane and other similar nitro compounds causes formation of shock- sensitive salts. Contact with metals such as aluminum, magnesium, tin, and zinc cause formation of flammable hydrogen gas. Sodium hydroxide, even in fairly dilute solution, reacts readily with various sugars to produce carbon monoxide. Thermal Decomposition Sodium oxide. Reaction with certain metals releases flammable hydrogen gas. Products Shrieve Chemical Company Page 4/7 SAFETY DATA SHEET Sodium Hydroxide Solution Rev. Date: 5/26/2015 Shrieve 11. TOXICOLOGICAL INFORMATION Basis for assessment Toxicology information on this product is not available Acute toxicity-Dermal ND Acute toxicity-Inhalation ND. Acute toxicity-Oral The severely corrosive nature of this product causes severe injury to the digestive tract when ingested. Repeated dose toxicity ND. Skin irritation: Causes severe skin burns. Eye irritation Causes severe eye damage. Germ Cell Mutagenicity ND. Potential for Sensitization ND Reproductive toxicity ND. Carcinogenicity Not listed. 12. ECOLOGICAL INFORMATION Basis for Assessment Ecotoxicological data have not been determined specifically for this product. Mobility Soluble in water. Persistence/degradability ND Bioaccumulation ND Freshwater Fish Toxicity ND Freshwater Invertebrates ND Toxicity Acute toxicity-algae ND Acute toxicity-bacteria ND Shrieve Chemical Company Page 5/7 SAFETY DATA SHEET 4 Sodium Hydroxide Solution Rev.Date: 5/26/2015 Shrieve 13. DISPOSAL CONSIDERATIONS Waste disposal Avoid disposal into wastewater treatment facilities. Treatment, storage, transportation and disposal must be in accordance with applicable Federal, State/Provincial,and Local regulations. Container disposal Drain container and rinse thoroughly. Puncture container to avoid reuse. Dispose to licensed disposal contractor. Local Legislation The recommendations given are considered appropriate for safe disposal. However, local regulations may be more stringent and these must be complied with. 14. TRANSPORT INFORMATION DOT Classification UN1824, SODIUM HYDROXIDE SOLUTION, 8, II, RQ Reportable quantity: 1000 lbs 15. REGULATORY INFORMATION INTERNATIONAL REGISTRATION: TSCA (USA) All components listed or exempted. EINCS (EU) All components listed or exempted. Japan All components listed or exempted. Australia All components listed or exempted. DSL(Canada) All components listed or exempted. Korea All components listed or exempted. Philippines All components listed or exempted. Shrieve Chemical Company Page 6/7 SAFETY DATA SHEET Sodium Hydroxide Solution Rev. Date: 5/26/2015 Shrieve 16. OTHER INFORMATION HEALTH HAZARD: 3 FIRE HAZARD: 0 REACTIVITY: 1 Modifications: April 30,2014: Updated to GHS format May 26,2014: Updated hazard classification Prepared by: Audris King The information is based on the data of which we are aware and is believed to be correct as of the data hereof.Since the information contained herein may be applied under conditions beyond our control and with which we may be unfamiliar and since data made available subsequent to the date hereof may suggest modification of the information, we do not assume any responsibility for the result of its use.This information is furnished upon condition that the person receiving it shall make his own determination of the suitability of the material for his particular purpose. Shrieve Chemical Company Page 7/7 P.R. No. 19905 10/17/17 Exhibit "F" PURCHASING CONTRACT AGREEMENT (Pencco, Inc.) P.R. No.19905 10/17/17 PURCHASING CONTRACT AGREEMENT THIS AGREEMENT is made this the of , 2017, by and between an individual, firm partnership or corporation, Pencco Inc., of San Felipe, 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 be for one (1) year, with an option to renew for one (1) additional year, from the date stated on the Notice to Proceed 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 Hydrofluosilicic Acid, as delineated and submitted in their bid on September 06, 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: Water Treatment Chemicals 4. The Vendor agrees to deliver all materials on an as-needed basis during the term of this contract, in a not-to-exceed maximum amount of $18,900.00 (60 tons A $315.00/ton) for Hydrofluosilicic Acid as shown in the Bid schedule. 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 P.R. No. 19905 10/17/17 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: Pencco, Inc. SIGNED AND AGREED to on the day of , 2017. WITNESS: CITY OF PORT ARTHUR: City Secretary City Manager DERRICK FREEMAN,MAYOR l / BRIAN MCDOUGAL CAL JONES.,MAYOR PRO TEM � / CITY MANAGER rgY COUNCIL MEMBERS: City of Ci SHERRI BELLARD,TRMC RAYMOND SCOTT JR. v\ CITY SECRETARY THOMAS KINLAW HAROLD DOUCET SR. 0 r l Y t h It/T WILLIE`BAE"LEWIS JR. VAL TIZENO OSMAN SWATI Texas CITY ATTORNEY CHARLOTTE MOSES KAPRINA RICHARDSON FRANK AUGUST 14,2017 INVITATION TO BID WATER TREATMENT CHEMICALS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, August 30, 2017. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, August 30, 2017 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P17-066 DELIVERY ADDRESS: Please submit one (1) original and one(1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid should be directed in writing to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov Purchasing Division/Finance Department I Acting Purchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4w Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Clifton Williams, CPPB Purchasing Manager Page 2 of 15 • INVITATION TO BID WATER TREATMENT CHEMICALS (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 15 SPECIFICATIONS FOR WATER TREATMENT CHEMICALS FOR THE CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT GENERAL INFORMATION 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 is to be approximately one (1) year, with the option to extend the contract for one (1) additional one year period. Shipments are to be made as needed. No price increases will be allowed for the first ninety (90) days during 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 anv 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 50% (by weight)Sodium Hydroxide—145 dry tons(estimated) Solution should contain approximately 6.4 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 4 of 15 Item No. 2 25% (by weight) Sodium Hydroxide- 72 dry tons (estimated) No Bid Item No. 3 100% Liquid Chlorine-325 tons (estimated) in one-ton containers Shipments shall be made in lots of nine tons. Shipments are to be by truck and are to be unloaded and drums placed in position on City racks, by successful bidder. Liquid Chlorine shall conform to the latest revision of AWWA Standard B301. All ton cylinders shall be equipped with new or newly reconditioned valves meeting the Chlorine Institute standard for new valves. All newly reconditioned valves shall be reconditioned according to the Chlorine Institute's latest publication. It shall be the sole responsibility of the successful bidder to immediately remove any ton cylinder failing to meet any requirements of these specifications. The manufacturer or vendor shall provide an affidavit (signed by an officer of the company) acknowledging that the Liquid Chlorine to be furnished complies with all applicable requirements of AWWA Standards. Item No. 4 100%Liquid Chlorine-36,000 lbs. (estimated) in 150 lb. cylinders Same condition as above Item No. 3, except shipments shall be in 20 cylinder lots, and shall be unloaded by successful bidder. Item No. 5 99.995% (by weight)Anhydrous Ammonia -80,000 pounds (estimated) Ammonia shall be refrigeration (R) grade, and shall 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 strainers or flow regulating devices. The City has it's own 1,460 gallon tank. Successful bidder, or bidders, must agree to enter into a contract with the City of Port Arthur. The life of the contract is to be approximately one (1) year. Prices shall be firm for the life of the contract. The City reserves the right to cancel this contract with(5) days prior written notice. Item No. 6 23-25% (available fluoride)Hydrofluosilicic Acid - 190,000 lbs. (estimated) Hydrofluorsilicic Acid shall be supplied by tank truck in 4,000 gallon loads, as ordered. Water Plant storage connections consist of 2" PVC pipe with a 2" stainless steel female quick coupling. Static lift required is 17 feet. Hydrofluosilicic Acid shall conform to AWWA Standard B703-89 or latest revision. The manufacturer or vendor shall provide an affidavit signed by an officer of the company acknowledging that the Hydrofluosilicic Acid furnished complies with all applicable requirements of AWWA Standards. Item No. 7 Phosphates- 135,000 lbs (estimated) Vendor shall furnish an estimated 135,000 pounds of a 50/50 ortho/polyphosphate blend, with 36-40% total phosphate. Each bidder shall provide, with their bid, certification that their product meets these requirements. Successful bidder must provide water quality analysis to monitor and verify performance of their product during the life of the contract as follows: 1. Two (2) lead samples and two (2) copper samples may be required for the vendor to collect and analyze each month. Testing method must be one approved by the TCEQ and the EPA. This is to monitor the distribution system if any discrepancies arise. 2. This treatment system is currently in compliance and the successful bidder must keep the system in compliance or this contract will be terminated. Page 5 of 15 { CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: Water Treatment Chemicals for Utility Operations BID DUE DATE: August 30, 2017 ITEM# UOM DESCRIPTION UNIT COST 1 DRY TONS 50% SODIUM HYDROXIDE $ No Bid 2 DRY TONS 25% SODIUM HYDROXIDE $ No Bid 3 TONS LIQUID CHLORINE(TON CYL.) $ No Bid 4 LBS LIQUID CHLORINE(150LB CYL.) $ No Bid 5 LBS ANHYDROUS AMMOINIA $ No Bid 6 LBS HYDROFLUOSILICIC ACID $ $0.1575 7 LBS PHOSPHATE $ No Bid Delivery will be made 7-14 Days after Receipt of Order. Pencco, Inc. 831 Bartlett Road, Sealy, TX 77474 COMPANY NAME STREET ADDRESS PO Box 600 e1 NATUE OF IDDEE P.O. BOX Sarah Duffy San Felipe TX 77473 PRINT OR TYPE NAME CITY STATE ZIP Bid Sec. 979.885.0005 TITLE AREA CODE TELEPHONE NO sarahhapencco.com 979.885.3208 _ EMAIL FAX NO. Page 6 61'15 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: / gar Printed Name: Sarah Duffy Title: Bid Sec. _ Company: Pencco, Inc. Date: SUBSCRIBED and sworn to before me by the above named Sarah Duffy on this the 02,9rd day of August , 20 17 . MIAl.. ALAbigai — b.ota' Public in and for the Sta e of Texas My commission expires: -611b1 t ZoZt I JENNIFER LYNN MATURA 4I : #Notary Public,State of Texas j� :1 Notary ID 12934467-2 •. , .�" My Commission Expires P March 13,2021 Page 7 o l 15 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: II 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 1 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 1 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. Pencco Inc. 0 �.. Firm Name Date /A J %/� Bid Sec. orizz,d Signature Title Sarah Duff •• : : i i i Name (please print) Telephone sarahApencco.com Email STATE: Texas COUNTY: Austin SUBSCRIBED AND SWORN to before me by the above named Sarah Duffy on this the day of August , 20 17 . s� �VV OtAinia Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL '..•, JENNIFER LYNN MATURA i 4 +? : Notary Public,State of Texas I 4 •I' Notary ID#12934467-2 1 . My Commission Expires 1 4 "wE9,4;: ,.�'''�• March 13,2021 I Page 8 of 15 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by N.B. 23, 64th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code; by a vendor who Date Rec-n d 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 filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. Name of vendor who has a business relationship with local governmental entity. 2j 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.) J Name of local government officer about whom the information is being disclosed. N/A Name of Officer 1.1 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(a)(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 CIO 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? 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? Yes W1 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. N/A Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(8), excluding gifts described in Section 176.003(a-1). h..7.1,4. 44. fr-) erre of vendor doing business Wi 0 ty gl ammenlal 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 A complete 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) A vendor 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 10 of 15 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. 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. Page 11 of 15 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, 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 601 f 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 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. Page 12 of 15 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 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. Page 13 of 15 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. Standard Worker's Compensation Insurance: 2. 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. 3. 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 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. Page 14 of 15 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 15 of 15 + Pencco higher standards.better water. PO Box 600 San Felipe,Texas 77473 (979)885-0005 Fax:(979)885-3208 1 BOARD OF DIRECTORS MEETING Prior Notice was waived and a meeting of the Directors was held on August 15, 2014. The following resolution was adopted in respects to the official signing of bids on behalf of Pencco, Inc. BE IT RESOLVED by the Board of Directors of Pencco, Inc. in a meeting duly assembled that Monica Avila, former Bid Secretary of the Corporation, no longer has authority to negotiate for and sign any bid proposals and/or contracts on behalf of the Corporation. BE IT FURTHER RESOLVED that Sarah Duffy, Bid Secretary, of the Corporation has authority to negotiate for and sign any bid proposals and/or contracts which the Corporation might enter into for the furnishing of services for the Corporation under such terms, conditions, and stipulations, and for such consideration as she may deem to be in the best interest of the Corporation. No further business was necessary and the meeting was concluded. Ron L. Horne, President II PENCCO, INC. Pioneer Engineering Chemical Company ' AFFI�I AVIIT OF COMPLIANCE This is to certify that the IIydrofluorosilicic Acid supplied by our company meets AWWA Standard B703-11 or the latest revision, and is certified to NSF/ANSI Standard NSF-60. Signature R. L. Home, President Name and Title of Official 1/4/2016 Date. PO BOX 600 • SAN FELIPE, TX 77473 • PHONE: 979-885-0005 • 800-864-1742 • FAX: 979-885-3203 INFO@PENCCO.COM NSF The Public Health and Safety Organization NSF Product and Service Listings These NSF Official Listings are current as of Tuesday,August 22, 2017 at 12:15 a.m. Eastern Time. Please contact NSF International to confirm the status of any Listing, report errors, or make suggestions. Alert: NSF is concerned about fraudulent downloading and manipulation of website text.Always confirm this information by clicking on the below link for the most accurate information: http://info.nsf.org/Certified/PwsChemicals/Listings.asp?CompanyName=pencco& NSF/ANSI 6o Drinking Water Treatment Chemicals - Health Effects PENCCO, Inc. 831 Bartlett Road Sealy,TX 77474 United States 800-864-1742 979-885-0005 Visit this company's website(http://www.pencco.com) Facility : Vernon, CA Ferric Chloride Trade Designation Product Function Max Use Ferric Chloride Coagulation &Flocculation 600mg/L Ferrous Chloride Trade Designation Product Function Max Use Ferrous Chloride Coagulation&Flocculation 5oomg/L Facility : Distribution Center -Willow Springs, IL Hydrofluosilicic Acid Ferrous Chloride Corrosion Control 5oomg/L Coagulation&Flocculation Pencco 0210 Corrosion Control 5oomg/L Coagulation&Flocculation Hydrofluosilicic Acid Trade Designation Product Function Max Use Hydrofluorosilicic Acid Fluoridation 6mg/L Facility : Ennis, TX Ferric Chloride Trade Designation Product Function Max Use Ferric Chloride Coagulation&Flocculation 600mg/L Pencco 3012 Coagulation&Flocculation 600mg/L Ferric Sulfate Trade Designation Product Function Max Use 5o% Ferric Sulfate Coagulation&Flocculation 65omg/L 60% Ferric Sulfate Coagulation&Flocculation 65omg/L Ferric Sulfate Coagulation&Flocculation 65omg/L Ferric Sulfate Solution Coagulation&Flocculation 65omg/L Poly Ferric Sulfate Coagulation&Flocculation 65omg/L Ferrous Chloride Trade Designation Product Function Max Use Ferrous Chloride Corrosion Control 5oomg/L Coagulation &Flocculation Pencco 0210 Corrosion Control 5oomg/L Coagulation&Flocculation Ferrous Sulfate Trade Designation Product Function Max Use Ferrous Sulfate Coagulation&Flocculation 15omg/L Greenlron Coagulation &Flocculation 15omg/L Safelron Coagulation &Flocculation 15omg/L Hydrofluosilicic Acid Trade Designation Product Function Max Use Hydrofluorosilicic Acid Fluoridation 6mg/L Hydrofluorosilicic Acid PC Safety Data Sheet 217 ,r�les Revision date:04/30/2015 : Version:1.0 SECTION 1: Identification of the substance/mixture and of the company/undertaking 1.1. Product identifier Product form : Mixture Product name : Hydrofluorosilicic Acid Product code : HFSA Formula : H2SiF6 (aq) Synonyms : HFSA, Fluorosilicic acid 1.2. Relevant identified uses of the substance or mixture and uses advised against Use of the substance/mixture : Industrial use 1.3. Details of the supplier of the safety data sheet PCS Sales (USA), Inc. 1101 Skokie Blvd. Suite 400 Northbrook, IL 60062 T 800-241-6908/847-849-4200 Suite 500 122 1st Avenue South Saskatoon, Saskatchewan Canada S7K7G3 T 800-667-0403 (Canada)/800-667-3930 (USA) SDS@PotashCorp.com - www.PotashCorp.com 1.4. Emergency telephone number Emergency number : 800-424-9300 CHEMTREC SECTION 2:.Hazards identification 2.1. Classification of the substance or mixture GHS-U5 classification Acute Tox.4 (Oral) H302 Acute Tox.4 (Inhalation:dust,mist) H332 Skin Corr. 1A H314 Eye Dam. 1 H318 Aquatic Acute 3 H402 04/30/2015 EN(English) IDS Ref.:217 1/12 Hydrofluorosilicic Acid Safety Data Sheet 217 2.2. Label elements GHS-US labelling Hazard pictograms (GHS-US) : 11) GHS05 GHS07 Signal word (GHS-US) : Danger Hazard statements (GHS-US) : H302 - Harmful if swallowed H314-Causes severe skin burns and eye damage H318-Causes serious eye damage H332 - Harmful if inhaled H402—Harmful to aquatic life Precautionary statements (GHS-US) : P260- Do not breathe fume, mist, vapours, spray P264-Wash hands and forearms thoroughly after handling P270- Do not eat, drink or smoke when using this product P271- Use only outdoors or in a well-ventilated area P273—Avoid release to the environment P280-Wear eye protection, face protection, protective gloves, protective clothing P301+P330+P331- IF SWALLOWED: Rinse mouth. Do NOT induce vomiting P303+P361+P353 - IF ON SKIN (or hair): Remove/Take off immediately all contaminated clothing. Rinse skin with water/shower P304+P340- IF INHALED: Remove person to fresh air and keep comfortable for breathing P305+P351+P338- If in eyes: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing P310- Immediately call a POISON CENTER or doctor P312 -Call a POISON CENTER or doctor if you feel unwell P363 -Wash contaminated clothing before reuse P405-Store locked up P501- Dispose of contents/container according to local, regional, national, and international regulations 2.3. Other hazards Hazardous to the aquatic environment No additional information available SECTION 3: Composition/information on ingredients 3.1. Substances Not applicable 3.2. Mixture Name Product identifier % GHS-US classification Fluorosilicic acid (CAS No.) 16961-83-4 24 Acute Tox. 3 (Oral), H301 Acute Tox. 2 (Inhalation:dust,mist), H330 Skin Corr. 1A, H314 04/30/2015 EN(English) SDS Ref.:217 2/12 Hydrofluorosilicic Acid Safety Data Sheet 217 Eye Dam. 1, H318 Aquatic Acute 3, H402 Water (CAS No.) 7732-18-5 76 Not classified Fluorides, as F 19 Not classified SECTION 4: First aid measures 4.1. Description of first aid measures First-aid measures general : If exposed or concerned: Get medical advice/attention. If you feel unwell, seek medical advice (show the label where possible). First-aid measures after inhalation : Using proper respiratory protection, immediately move the exposed person to fresh air. Keep at rest and in a position comfortable for breathing. Give oxygen or artificial respiration if necessary. Seek immediate medical advice. Symptoms may be delayed. First-aid measures after skin contact : Remove/Take off immediately all contaminated clothing. Rinse immediately with plenty of water(for at least 15 minutes). Seek medical attention immediately if exposure is severe. Obtain medical attention if irritation develops or persists. Wash contaminated clothing before reuse. First-aid measures after eye contact : Immediately rinse with water for a prolonged period (at least 15 minutes) while holding the eyelids wide open. Seek medical attention immediately if exposure is severe. Obtain medical attention if irritation develops or persists. First-aid measures after ingestion : If swallowed, do not induce vomiting. Seek medical advice immediately and show this container or label. 4.2. Most important symptoms and effects, both acute and delayed Symptoms/injuries : Corrosive. Causes burns. Harmful if swallowed. Harmful if inhaled. Symptoms/injuries after inhalation : Causes severe respiratory irritation if inhaled. Symptoms may include: Burning of nose and throat, constriction of airway, difficulty breathing, shortness of breath, bronchial spasms, chest pain, and pink frothy sputum. Contact may cause immediate severe irritation progressing quickly to chemical burns. May cause pulmonary edema. Symptoms may be delayed. Symptoms/injuries after skin contact : Contact may cause immediate severe irritation progressing quickly to chemical burns. Symptoms/injuries after eye contact : Contact may cause immediate severe irritation progressing quickly to chemical burns. Can cause blindness. Symptoms/injuries after ingestion : May cause burns or irritation of the linings of the mouth,throat, and gastrointestinal tract. Swallowing a small quantity of this material will result in serious health hazard. Chronic symptoms : Repeated or prolonged inhalation may damage lungs. Prolonged and repeated contact will eventually cause permanent tissue damage. Repeated and prolonged exposure to flourine containing compounds may cause flourosis, a condition characterized by changes in bone density and strength, accompanied by stiffness and pain in joints. 4.3. Indication of any immediate medical attention and special treatment needed No additional information available 04/30/2015 EN(English) SOS Ref.:217 3/12 Hydrofluorosilicic Acid Safety Data Sheet 217 SECTION 5: Firefighting measures 5.1. Extinguishing media Suitable extinguishing media : Use extinguishing media appropriate for surrounding fire. Unsuitable extinguishing media : Do not get water inside containers. Do not apply water stream directly at source of leak. Do not use a heavy water stream. A direct water stream will cause violent splattering and generation of heat. 5.2. Special hazards arising from the substance or mixture Fire hazard : Not flammable. Under conditions of fire this material may produce: Silicon oxides. Hydrogen fluoride.Tetrafluorosilane. Decomposes above 108 °C(227°F) Explosion hazard : Product is not explosive. 5.3. Advice for firefighters Firefighting instructions : Keep upwind. Use water spray or fog for cooling exposed containers. Protection during firefighting : Firefighters must use full bunker gear including NIOSH-approved positive- pressure self-contained breathing apparatus to protect against potential hazardous combustion and decomposition products. Other information : Do not allow run-off from fire fighting to enter drains or water courses. SECTION 6: Accidental release measures 6.1. Personal precautions, protective equipment and emergency procedures 6.1.1. For non-emergency personnel Protective equipment : Use recommended respiratory protection. Wear suitable protective clothing, gloves and eye/face protection. Emergency procedures : Stop leak if safe to do so. Eliminate ignition sources. Evacuate unnecessary personnel. Ventilate area. Keep upwind. 6.1.2. For emergency responders Protective equipment : Use recommended respiratory protection. Wear suitable protective clothing, gloves and eye/face protection. Emergency procedures : Stop leak if safe to do so. Eliminate ignition sources. Evacuate unnecessary personnel. Ventilate area. 6.2. Environmental precautions If spill could potentially enter any waterway, including intermittent dry creeks, contact the U.S. COAST GUARD NATIONAL RESPONSE CENTER at 800-424-8802. In case of accident or road spill notify CHEMTREC at 800-424-9300. In other countries call CHEMTREC at (International code) +1-703-527-3887. 6.3. Methods and material for containment and cleaning up For containment : Contain any spills with dikes or inert absorbents to prevent migration and entry into sewers or streams. Do not allow into drains or water courses or dispose of where ground or surface waters may be affected. 04/30/2015 EN(English) SDS Ref.:217 4/12 Hydrofluorosilicic Acid Safety Data Sheet 217 Methods for cleaning up : Ventilate area. Small quantities of liquid spill:take up in non-combustible inert absorbent material and shovel into container for disposal. Collect absorbed material and place into a sealed, labelled container to be disposed at an appropriate disposal facility according to current applicable laws and regulations and product characteristics at the time of disposal. Liquid spill: neutralize with powdered limestone or sodium bicarbonate. Practice good housekeeping—spillage can be slippery on smooth surface either wet or dry. 6.4. Reference to other sections No additional information available SECTION 7: Handling and storage 7.1. Precautions for safe handling Precautions for safe handling : Avoid all eyes and skin contact and do not breathe vapour and mist. Wear recommended personal protective equipment. Ensure there is adequate ventilation. Keep away from heat and open flame. Employ good maintenance practices to prevent leaks. Use good process control measures to prevent releases. Hygiene measures : Handle in accordance with good industrial hygiene and safety procedures. Emergency eye wash fountains and safety showers should be available in the immediate vicinity of any potential exposure. Wash contaminated clothing before reuse. 7.2. Conditions for safe storage, including any incompatibilities Incompatible materials : Reacts with many metals to produce flammable and explosive hydrogen gas. Prohibitions on mixed storage : Keep away from strong acids and bases, chlorites, organic peroxides, combustible materials, and metals. Storage area : Store in dry, cool area.Store in a well-ventilated place away from heat and sources of ignition. Large tanks should be bermed and electrically grounded. Keep away from combustible materials. Avoid using glass, metal, or stoneware containers. 7.3. Specific end use(s) Industrial use. SECTION 8: Exposure controls/personal protection 8.1. Control parameters Fluorides USA ACGIH TWA 2.5 mg/m3 USA OSHA TWA 2.5 mg/m3 USA NIOSH TWA 2.5 mg/m3 8.2. Exposure controls Appropriate engineering controls : Ensure adequate ventilation, especially in confined areas. 04/30/2015 EN(English) SOS Ref.:217 5/12 Hydrofluorosilicic Acid Safety Data Sheet 217 Personal protective equipment : Protective goggles. Face shield. Gas mask at concentration in the air>>TLV. Protective clothing. Hand protection : Impermeable protective gloves,such as: nitrile, neoprene, or PVC.Wear gauntlet gloves. Check glove manufacturer's permeation/degradation information. Eye protection : Chemical safety goggles. Face shield. Do not wear contact lenses. Skin and body protection : Wear suitable protective clothing. Chemical resistant suit. Rubber apron, boots. Respiratory protection : Use a NIOSH-approved respirator or self-contained breathing apparatus whenever exposure may exceed established Occupational Exposure Limits. Use respirator approved for acid fumes and mist. Environmental exposure controls : Emergency eye wash fountains and safety showers should be available in the immediate vicinity of any potential exposure. SECTION 9: Physical and chemical properties 9.1. Information on basic physical and chemical properties Physical state : Liquid Colour : Water white to straw yellow. Odour : Pungent Odour threshold : No data available pH : 1.5 -2 pH solution : 10% Molecular mass : 144 g/mol (Hydrofluorosilicic acid) Relative evaporation rate : No data available (butylacetate=1) Melting point : -18--20°C(-1 --4°F) Freezing point : No data available Boiling point : 136 - 163 °C (277 -326°F) Flash point : No data available Self ignition temperature : No data available Decomposition temperature : 108 °C(227 °F) Flammability(solid, gas) : No data available Vapour pressure : 24 mm Hg at 25 °C (77 °F) Relative vapour density at 20 °C : No data available Relative density : 1.2 at 24 °C(75 °F) Density : 10.3 lb/gal Solubility : Water: Miscible Log Pow : No data available 04/30/2015 EN(English) SOS Ref.:217 6/12 Hydrofluorosilicic Acid Safety Data Sheet 217 Log Kow : No data available Viscosity : No data available Explosive properties : No data available Oxidising properties : No data available Explosive limits : No data available 9.2. Other information No additional information available SECTION 10:Stability and reactivity 10.1. Reactivity May react violently with water. 10.2. Chemical stability Stable at standard temperature and pressure. 10.3. Possibility of hazardous reactions Hazardous polymerization will not occur. 10.4. Conditions to avoid Temperatures above 108°C (227 °F). 10.5. Incompatible materials Keep away from strong acids and bases, chlorites, organic peroxides, combustible materials, and metals. Attacks glass and stoneware. 10.6. Hazardous decomposition products Thermal decomposition generates : Silicon oxides. Hydrogen fluoride. Tetrafluorosilane. SECTION 11:Toxicological information 11.1. Information on toxicological effects Acute toxicity : Harmful if swallowed. Harmful if inhaled. Fluorosilicic acid (16961-83-4) LD50 oral rat 125 mg/kg LC50 inhalation rat (mg/I) 0.28 mg/I (reported as 1.11 mg/I/1h) Skin corrosion/irritation : Causes severe skin burns and eye damage. pH: 1.5 - 2 Serious eye damage/irritation : Causes serious eye damage. pH: 1.5-2 Respiratory or skin sensitisation : Not classified Germ cell mutagenicity : Not classified Carcinogenicity : Not classified Fluorosilicic acid (16961-83-4) IARC group 3 Reproductive toxicity : Not classified 04/30/2015 EN(English) SOS Ref.:217 7/12 I', Hydrofluorosilicic Acid Safety Data Sheet 217 Specific target organ toxicity (single : Not classified exposure) Specific target organ toxicity : Not classified (repeated exposure) Aspiration hazard : Not classified SECTION 12: Ecological information 12.1. Toxicity • EPA Ecological Toxicity rating : No data available. Ecotoxicity Acute Toxicity to Fish: No data available. Chronic Toxicity to Fish: No data available. Acute Toxicity to (Frog) Subcutaneous: LDLo= 140 mgikg. Aquatic Invertebrates: Chronic Toxicity to Aquatic No data available. Invertebrates: Acute Toxicity to Aquatic Plants: No data available. Toxicity to Soil Dwelling No data available. Organisms: Toxicity to Terrestrial Plants: No data available. Environmental Fate: Stability in Water: Product is NSF certified to ANSI Standard 60 for the fluoridation of municipal water supplies. Stability in Soil: No data available. Transport and Distribution: No data available. Toxicity: No data available Degradation Products: Biodegradation: No data available. Photodegradation: No data available. SECTION 13: Disposal considerations 13.1. Waste treatment methods Sewage disposal recommendations : This material is hazardous to the aquatic environment. Keep out of sewers and waterways. Waste disposal recommendations : Place in an appropriate containerdispose of contaminated material at a licensed site. Additional information : Dispose of waste material in accordance with all local, regional, national, and international regulations. SECTION 14:Transport information In accordance with DOT/TDG /ADR/ RID/ADNR/ IMDG/ICAO/IATA 14.1. UN number UN-No.(DOT) : 1778 DOT NA no. UN1778 14.2. UN proper shipping name DOT Proper Shipping Name : Fluorosilicic acid Department of Transportation (DOT) : 8 - Class 8 -Corrosive material 49 CFR 173.136 Hazard Classes 04/30/2015 EN(English) SOS Ref.:217 8/12 Hydrofluorosilicic Acid Safety Data Sheet 217 Hazard labels (DOT) : 8-Corrosive substances Packing group(DOT) : II - Medium Danger DOT Special Provisions (49 CFR : A6- For combination packagings, if plastic inner packagings are used,they 172.102) must be packed in tightly closed metal receptacles before packing in outer packagings. A7 - Steel packagings must be corrosion-resistant or have protection against corrosion. B2 - MC 300, MC 301, MC 302, MC 303, MC 305, and MC 306 and DOT 406 cargo tanks are not authorized. B15 -Packagings must be protected with non-metallic linings impervious to the lading or have a suitable corrosion allowance. IB2-Authorized IBCs: Metal (31A, 31B and 31N); Rigid plastics (31H1 and 31H2); Composite (31HZ1). Additional Requirement: Only liquids with a vapor pressure less than or equal to 110 kPa at 50 C (1.1 bar at 122 F), or 130 kPa at 55 C(1.3 bar at 131 F) are authorized. N3 - Glass inner packagings are permitted in combination or composite packagings only if the hazardous material is free from hydrofluoric acid. N34 -Aluminum construction materials are not authorized for any part of a packaging which is normally in contact with the hazardous material. T8-4 178.274(d)(2) Normal Prohibited TP2 -a.The maximum degree of filling must not exceed the degree of filling determined by the following: (image) Where: tr is the maximum mean bulk temperature during transport, tf is the temperature in degrees celsius of the liquid during filling, and is the mean coefficient of cubical expansion of the liquid between the mean temperature of the liquid during filling(tf) and the maximum mean bulk temperature during transportation (tr) both in degrees celsius. b. For liquids transported under ambient conditions may be calculated using the formula: (image) Where: d15 and d50 are the densities (in units of mass per unit volume) of the liquid at 15 C(59 F) and 50 C(122 F), respectively. TP12 -This material is considered highly corrosive to steel. DOT Packaging Exceptions (49 CFR : None 173.xxx) DOT Packaging Non Bulk (49 CFR : 202 173.xxx) DOT Packaging Bulk (49 CFR 173.xxx) : 242 14.3. Additional information Emergency Response Guide (ERG) : 154 Number Other information : No supplementary information available. 04/30/2015 EN(English) SDS Ref.:217 9/12 Hydrofluorosilicic Acid Safety Data Sheet 217 Overland transport No additional information available Transport by sea DOT Vessel Stowage Location : A-The material may be stowed "on deck" or"under deck" on a cargo vessel and on a passenger vessel. Air transport DOT Quantity Limitations Passenger : 1 L aircraft/rail (49 CFR 173.27) DOT Quantity Limitations Cargo : 30 L aircraft only (49 CFR 175.75) IATA ERG Number : 8L SECTION 15: Regulatory information 15.1. US Federal regulations Hydrofluorosilicic Acid SARA Section 311/312 Hazard Classes Immediate(acute) health hazard Delayed (chronic) health hazard Fluorosilicic acid (16961-83-4) Listed on the United States TSCA (Toxic Substances Control Act) inventory 15.2. US State regulations The following states have an OSH program approved by OSHA. If you are located in any of these states you may be under state jurisdiction rather than federal jurisdiction and your state may have more stringent requirements than OSHA. You should consult your state regulations to ensure compliance. Alaska Indiana Minnesota North Carolina Utah Arizona Iowa Nevada Oregon Vermont California Kentucky New Mexico Puerto Rico *Virgin Islands *Connecticut Maryland *New Jersey South Carolina Virginia Hawaii Michigan *New York Tennessee Washington *Illinois Wyoming *The state plans in these states apply only to public sector employers. In these states private sector employers are subject to USOL—OSHA jurisdiction. All other state plans apply to both public and private sector employers. Fluorosilicic acid (16961-83-4) U.S. - Massachusetts -Oil & Hazardous Material List - Groundwater Reportable Conc. - Reporting Category 1 U.S. - Massachusetts -Oil & Hazardous Material List -Groundwater Reportable Conc. - Reporting Category 2 U.S. - Massachusetts -Oil & Hazardous Material List - Reportable Quantity U.S. - Massachusetts -Oil & Hazardous Material List -Soil Reportable Concentration - Reporting Category 1 U.S. - Massachusetts-Oil & Hazardous Material List -Soil Reportable Concentration - Reporting Category 2 U.S. - Massachusetts - Right To Know List U.S. - New Jersey- Right to Know Hazardous Substance List U.S. - New Jersey- Special Health Hazards Substances List U.S. -Texas - Effects Screening Levels- Long Term 04/30/2015 EN(English) SDS Ref.:217 10/12 Hydrofluorosilicic Acid Safety Data Sheet 217 U.S. -Texas - Effects Screening Levels -Short Term 15.3. Canadian regulations Hydrofluorosilicic Acid WHMIS Classification Class D Division 1 Subdivision A-Very toxic material causing immediate and serious toxic effects Class E -Corrosive Material Fluorosilicic acid (16961-83-4) Listed on the Canadian DSL(Domestic Sustances List) inventory. Listed on the Canadian Ingredient Disclosure List—Disclosure at 1%. This product has been classified in accordance with the hazard criteria of the Controlled Products Regulations (CPR) and the MSDS contains all of the information required by the CPR. SECTION 16: Other information NFPA health hazard : 3 -Short exposure could cause serious temporary or residual injury even though prompt medical attention was given. NFPA fire hazard : 0 - Materials that will not burn. NFPA reactivity : 1- Normally stable, but can become unstable at elevated temperatures and pressures or may react with water with some release of energy, but not violently. Full text of H-phrases: Acute Tox. 2 Acute toxicity (inhalation:dust,mist) Category 2 (Inhalation:dust,mist) Acute Tox. 3 (Oral) Acute toxicity(oral) Category 3 Acute Tox. 4 Acute toxicity(inhalation:dust,mist) Category 4 (Inhalation:dust,mist) Acute Tox.4 (Oral) Acute toxicity(oral) Category 4 Eye Dam. 1 Serious eye damage/eye irritation Category 1 Skin Corr. 1A skin corrosion/irritation Category 1A H301 Toxic if swallowed H302 Harmful if swallowed H314 Causes severe skin burns and eye damage H318 Causes serious eye damage H330 Fatal if inhaled H332 Harmful if inhaled Previous PotashCorp MSDS Number : MSDS 52— Hydrofluorosilicic Acid SDS US(GHS HazCom 2012) 04/30/2015 EN(English) SDS Ref..217 11/12 Hydrofluorosilicic Acid Safety Data Sheet 217 Although the information contained is offered in good faith,SUCH INFORMATION IS EXPRESSLY GIVEN WITHOUT ANY WARRANTY(EXPRESS OR IMPLIED)OR ANY GUARANTEE OF ITS ACCURACY OR SUFFICIENCY and is taken at the user's sole risk. User is solely responsible for determining the suitability of use in each particular situation.PCS Sales specifically DISCLAIMS ANY LIABILITY WHATSOEVER FOR THE USE OF SUCH INFORMATION, including without limitation any recommendation which user may construe and attempt to apply which may infringe or violate valid patents, licenses,and/or copyright. • 04/30/2015 EN(English) SOS Ref.:217 12/12