HomeMy WebLinkAboutPR 20983: PURCHASE OF SODIUM CHLORITE ort rtltur
www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: August 5, 2019
To: The Honorable Mayor and City Council
Through: Ron Burton, Interim City Manager
From: Donnie Stanton, Interim Director of Utilities
RE: P.R. 20983 for the Purchase of Sodium Chlorite
Introduction:
The intent of this Agenda Item is to seek the City Council's approval for the City Manager to
enter into a contract with Evoqua Water Technologies, LLC, of Sarasota, Florida, for the
purchase of Sodium Chlorite from September 1, 2019 through August 31, 2020.
Back-round:
Sodium Chlorite is used to make Chlorine Dioxide for the disinfection and treatment of drinking
water at our Water Purification Plant. Bids were solicited from qualified bidders as delineated
in the City of Port Arthur Purchasing Policy. Evoqua was the lowest bid of two bids that were
turned into the Purchasing Department on July 3, 2019.
Budget Impact:
Based on previous chemical usage at the Water Purification Plant, Staff believes we will use no
more than 600,000 lbs of Sodium Chlorite in a one (1) year period. The price per pound from
Evoqua was $.586/lb, for a projected budgetary impact of$351,600.00. This amount has been
budgeted in Utility Operations account number 410-1252-532.29-02.
Recommendation:
It is recommended that City Council approve P.R. 20983, authorizing the City Manager to enter
into a contract with Evoqua Water Technologies, LLC, of Sarasota, Florida, for the purchase of
Sodium Chlorite.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
P.R. No.20983
7/29/19 bw
Page 1 of 2
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO A CONTRACT FOR ONE YEAR FOR THE
UTILITIES DEPARTMENT WITH EVOQUA WATER
TECHNOLOGIES OF SARASOTA, FLORIDA, WITH A
PROJECTED BUDGETARY IMPACT OF $351,600.00.
FUNDING IS AVAILABLE IN ACCOUNT NO. 410-1252-
532.29-02 (TREATMENT CHEMICALS).
WHEREAS, sodium chlorite is used for the disinfection and treatment of drinking, water
at the City of Port Arthur Purification Plant; and
WHEREAS, on June 19 2019 and June 26, 2019, the City advertised for proposals for
sodium chlorite; and,
WHEREAS,the City received two (2)bid packets; and,
WHEREAS,the proposals were ranked and weighted based on experience,references,and
pricing; and,
WHEREAS, Evoqua Water Technologies of Sarasota, Florida, was the highest ranked
proposal; and,
WHEREAS, this contract is for one year; and,
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
THAT, the City Manager is hereby authorized to execute a one-year contract for
sodium chlorite for water disinfection with Evoqua Water Technologies of Sarasota,Florida,with
a projected budgetary impact of$351,600.00; and,
THAT, funding is available in Account No. 410-1252-532.29-02 (Treatment Chemicals);
and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
P.R. No. 20983
7/29/19 bw
Page 2 of 2
READ, ADOPTED, AND APPROVED on this day of August, 2019 at a
Regular Meeting of the City Council of the City of Port Arthur, Texas,by the following vote:
AYES: Mayor:
Councilmembers:
NOES:
Thurman"Bill"Bartie, Mayor
ATTEST: APPROVED AS TO FORM:
ag. e
Sherri Bellard V. izeno
City Secretary City Attorney
APPROVED FOR ADMINISTRATION:
Ron Burton Donnie Stanton
Interim City Manager Interim Director of Utilities
APPROVED AS TO THE AVAILABILITY
OF FUNDS:
7\ C
Kandy DCanLjiliC
Director of Finance
GliD46:„
Clifton Williams, CPPB
Purchasing Manager
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CONTRACT FOR PURCHASE FUEL FOR THE
PURCHASE OF SODIUM CHLORITE
THIS AGREEMENT, made this day of , 2019, by and between the
City of Port Arthur, a municipal corporation organized under the laws of the State of Texas,
hereinafter called "OWNER" or "CITY" and Evoqua Water Terchnologies. hereinafter called
"CONTRACTOR".
WITNESSETH: That for and in consideration of the payment terms, conditions and agreements
set forth herein, OWNER and CONTRACTOR agree as follows:
1. The term of this Contract shall be 365 days from the start date.
2. The Contractor shall provide Sodium Chlorite.
3. During the term of this Contract, the Contractor will furnish at his own expense all of the
materials, supplies, tools, equipment, labor and other services necessary to connection
therewith, excepting those supplies specifically not required of Contractor in the
Specifications.
4. The CONTRACTOR agrees to perform all the work described in the specifications and
contract documents and to comply with the terms in the amount of$0.586 per pound.
5. The term "Contract Documents" means and includes the following:
1) Agreement
2) General Information
3) Specification
4) Addendum
5) Bid
6) Notice of Award
7) Notice to Proceed
6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors,
administrators, successors and assigns.
7. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by
their duly authorized officials, this Agreement in ( 2 copies) each of which shall be deemed
an original on the date first written above.
Signed on the day of 2019
ATTEST CITY OF PORT ARTHUR
BY
CITY SECRETARY
Signed on the day of , 2019
ATTEST EVOQUA WATER TECHNOLOGIES
BY
CITY SECRETARY
PRINT NAME:
TITLE:
0 CITY OF PORT ARTHUR,TEXAS
� ��«�1 �� ADDENDUM NO. ONE (1) ;y ; .
Teat
June 26, 2019
Quotes For: Purchase of Sodium Chlorite
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 BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID
PROVISIONS IN THE SUBMISSION OF THEIR BID.
Addendum as follows:
1.The average daily flow of the treatment plant is approximately 11.5 mgd with a maximum
of 40 mgd.
2.The successful bidder shall supply a system for generating CHLORINE DIOXIDE as an
aqueous solution from the reaction of SODIUM CHLORITE and CHLORINE GAS, the
3 units shall be capable of delivering the required amount of C102 at each feed point on a
continuous basis, 24 hours a day,to meet the CT and TTHM requirements set by the EPA
and TCEQ.
3.The 3 units shall be properly sized, and designed specifically for the intended application
set forth in the bid specifications.
4. The IDI MG2 manual system uses pH to monitor, not control, the proper amount of
chlorine. This ensures efficiency of the system across the chlorine dioxide production
range specified by IDI, which meets the needs of the water plant as communicated of
11.5-40 MGD and a dose of 1.2-3.0 PPM.
If you have any questions,please contact the Purchasing Division at 409-983-8160.
NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH
YOUR BID DOCUMENTS.
024 leit 44 2,
CliftWilliams, CPPB
Purchasing Manager
oqua a ticIhnologies LLC
• 6/28/19
Signature-of Proposer Jennifer R.Miller Date
DERRICK FORD FREEMAN,MAYO REBECCA UNDERHILL
HAROLD DOUCET,SR.MAYOR PRO TEM ' INTERIM CITY MANAGER
En«v -�
Ciry
COUNCIL MEMBERS: City of SHERRI BELLARD,TRMC
RAYMOND SCOTT,JR. CITY SECRETARY
CAL J.JONES 1�
THOMAS J.KINLAW III �>> t �'i h u _ VAL TREND
CHARLOTTE MOSES CITY ATTORNEY
KAPRINA FRANK Texas
JUNE 26,2019
INVITATION TO BID
PURCHASE OF SODIUM CHLORITE
DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard
Time, Wednesday, July 3, 2019. (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, July 3, 2019 in the City Council Chambers,
City Hall, 5th Floor, Port Arthur, TX. You are invited to attend.
MARK ENVELOPE:P19-073
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 or Scope of Work 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
The enclosed Invitation to Bid (ITB) and accompanying General Instructions, Conditions and 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.
0}
Clifton Williams, CPPB
Purchasing Manager
Page 2 of 19
INVITATION TO BID
PURCHASE OF SODIUM CHLORITE
(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 ser.ices?
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 19
SUBMIT THE FOLLOWING.
A. BID SHEETS-PAGE 7
B. EQUIPMENT LIST-8
C. NON-COLLUSION AFFIDAVIT-PAGE 9 (MUST BE NOTARIZED)
D. AFFIDAVIT-PAGE 10 (MUST BE NOTARIZED)
E. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE
1 AND SIGN & DATE ON LINE 7- PAGE 11
F. CHAPTER 2252 CERTIFICATION-PAGE 13
G. HOUSE BILL 89 VERIFICATION-PAGE 14
Page 4 of 19
CITY OF PORT ARTHUR, TEXAS
SPECIFICATIONS FOR A TWO (2) YEAR
SERVICE CONTRACT TO PROVIDE CHLORINE DIOXIDE
GENERAL DESCRIPTION
Bids are being accepted for a service contract to purchase sodium chlorite to produce chlorine dioxide. The
chlorine dioxide shall be generated onsite for use as a disinfectant.
The chlorine dioxide system shall be installed at the City of Port Arthur's water treatment plant. The treatment
plant treats surface water from the Lower Neches Valley Authority for drinking water. The average daily flow
of the treatment plant is approximately 13.5 mgd with a maximum of 20 mgd. The C102 dosage rate of the
equipment must be variable from 0.25 mg/1 to 3.0 mg/1 (ppm) at the desired plant flow rates without loss of
generator efficiency. It is estimated that we will need about 500,000 pounds per year of sodium chlorite.
Bidder shall supply a list of at least four systems including names and telephone numbers of facilities wherein
they have installed and are currently servicing chlorine dioxide systems. The system which is bid must be
CURRENTLY accepted by all applicable regulatory agencies including the Texas Commission on
Environmental Quality.
SPECIFICATIONS
A. The successful bidder shall supply a system for generating CHLORINE DIOXIDE as an aqueous solution
from the reaction of SODIUM CHLORITE and CHLORINE GAS, the 2 units shall be capable of
delivering the required amount of C102 at each feed point on a continuous basis, 24 hours a day, to meet
the CT and TTHM requirements set by the EPA and TCEQ.
B. The 2 units shall be properly sized, and designed specifically for the intended application set forth in the
general description above. The unit shall be equipped with a flow measuring device and stream pH
measuring device with 4-20 mA output signal to assist in maintaining system efficiency, and to prevent
waste of plant water. Shall be equipped with loss of chlorine and/or water feed automatic shutdown. A
fully equipped standby unit shall be provided. The unit shall not require pH measurement for operation.
Each unit shall be provided with necessary devices to manually adjust the chlorine dioxide feed rate.
C. The reaction product purity shall not be less than 95 percent C102, and the total by-products must remain
lower than 1.0 mg/1(PPM), for chlorite in the distribution system at the approved sample locations at all
times.
D. Bidder shall supply all equipment and materials necessary to generate the solution onsite. Bidder must
furnish a device for equally splitting the chlorine dioxide into two different injection points. Except for
electricity, plant water at system pressure, and chlorine gas, All equipment and materials furnished shall
be suitable for the application specified, and shall comply with all Federal, State, and Local codes, laws,
and ordinances.
E. The bidder's SODIUM CHLORITE solution must be approved and registered with the
ENVIRONMENTAL PROTECTION AGENCY (EPA) and/or NSF for use in potable water systems.
Bidder's own EPA registration number must be included in the bid package. The solution shall conform
to:
Active Ingredient: 25% (+/-1.0%by wt.)NaC102
Inert Ingredient: 75% (+/-1.0%by wt.)H2O
Page 5 of 19
Appearance: Pale yellow slightly hazy liquid
Shelf Life: One (1)year,minimum
Product Bulletins and Material Safety Data Sheets must be included in the bid package.
F. Bidder shall supply, install, and maintain a heavy-duty chemical storage tank of at least 6,200 gallon
capacity for receiving, storing, and dispensing sodium chlorite to a tank that is transparent or has a sight
gauge for determining the level. Transfer pumps, at least two, shall be provided to transfer the sodium
chlorite from the day tank to the generators. Bidder shall provide signage and warning of hazards in the
storage and generation areas.
G. Deliveries of sodium chlorite shall be via dedicated bulk trucks. If trucks are not Bidder operated, a
Bidder's trained employee shall supervise all deliveries. ALL SPILLS AND LEAKAGE, REGARDLESS
OF SIZE, SHALL BE PROPERLY AND IMMEDIATELY CLEANED UP BY BIDDER'S
PERSONNEL.
H. Prior to installation of the system, bidder shall deliver a complete and detailed installation and operations
manual, including illustrations and drawings, Material Safety Data Sheets, and other hazardous warning
information.
I. Bidder shall provide all necessary labor and materials for a complete installation. All work will be
performed by workmen skilled and experienced in the necessary crafts.
J. Bidder shall provide all necessary labor and materials to maintain the system at peak operating efficiency
and safety. The bidder shall maintain a complete inventory of spare parts in local stock. All maintenance
shall be performed by trained technicians, familiar and experienced with bidder's equipment. SAID
TECHNICIAN SHALL BE AVAILABLE 24 HOURS A DAY, 7 DAYS A WEEK, AND SHALL
RESPOND AND BE ONSITE WITHIN TWO (2) HOURS ON ANY EMERGENCY.
K. He shall bring any and all replacement parts and tools with him on the first response. Bidder shall absorb
all repair costs.
L. Bidder shall perform routine inspections and preventative maintenance on the system as required, but not
to exceed intervals of one (1) week between such inspections and preventative maintenance unless
approved by Plant Superintendent or his agent.
M. During each inspection, bidder's technician shall:
1. Inspect the entire chlorine dioxide system for leaks and malfunctions.
2. Analyze the generator outputs for percentage of chlorine dioxide in the product stream, free chlorine,
unreacted chlorite, chlorate, and pH. (Before making any adjustments) Procedures for this analysis
shall be submitted before placing the equipment in service.
3. Analyze water leaving filters, for Total and Free Chlorine, utilizing the amperometric method as
outlined in Standard Methods for the Examination of Water and Wastewater, section 4500C or E,
also the Chlorine Dioxide residuals at this location.
4. Check sodium chlorite pump output at various flow rates to assure efficiency if used.
5. Review plant control records to ensure maximum generator efficiency.
6. Provide initial or additional training for plant operators as required to maintain proficiency of all
involved PERSONNEL.
7. Complete and submit a field service report form detailing items a-f above as a written record of
services provided, and as a formal request for any changes that may be necessary. Bidder shall absorb
the cost of the inspection and preventative maintenance program set out above.
Page 6 of 19
N. Startup and initial training shall be provided by the bidder at no additional charge. and will include
training operating PERSONNEL in the following areas:
1. Checking the equipment installation.
2. Physical properties of chlorine dioxide, chlorine, chlorite, chlorate, and/or any other chemicals used
in the system.
3. Chemistry/methods of chlorine dioxide generation.
4. How to optimize generator performance.
5. Maintenance procedures.
6. Safety considerations in operations and chemical handling.
7. Sampling procedure for chlorine dioxide determinations.
O. Bidder shall provide the following test, every month during, the life of this agreement. Testing must be
performed using an Ion Chromatograph and the procedure listed in Dionex Corporation's Application
Note 149. Bidder shall absorb all testing cost.
1. Chlorite analysis (treated water 3 samples).
2. Chlorate analysis (treated water 3 samples if needed).
P. Bidder shall provide the following analysis on at least a monthly basis
1. Total organic carbon(if needed).
2. Raw water.
3. Before filters.
Q. Bidder shall guarantee pricing for two years.
R. Bidder shall agree to maintain equipment until product purchased from Bidders Company has been used
up and the bidder is released by Plant Superintendent or his agent.
S. Delivery of product shall be no more than five (5) days after notification by authorized City
PERSONNEL.
T. Bidder shall submit bid based on a price per pound of specified sodium chlorite solution. Price bid FOB
Port Arthur.
U. All bidders will be required to submit proof of qualifications, including references, names of current
service PERSONNEL, EPA Registration number for sodium chlorite, laboratory qualifications, Material
Safety Data Sheets, written acceptance of State Regulatory officials if account references (or no references
are available) are outside of the State, and all other pertinent information related to this bid.
V. Successful bidder must have C102 system operational fifteen(15) days after award of bid.
W. Bidder must supply one (1) Amperometric Titrator supplied by Severn Trent Capital Controls with a
spare electrode to be installed at the Water Plant.
EXCEPTIONS CITY WILL EXCEPT
A. The IDI MG2 manual system uses pH to monitor, not control, the proper amount of chlorine. This ensures
efficiency of the system across the chlorine dioxide production range specified by IDI, which meets the
needs of the water plant as communicated of 11.5-20 MGD and a dose of 1.2-3.0 PPM.
B. The system will be equipped with a 2 branch output panel that will require 100% of the generator output
flow split equally between both application points. Less than 100% output would increase back pressure and
compromise education.
Page 7 of 19
C. All deliveries will be supervised by others. Spills are the responsibility of others and should be responded to
according to local State & Federal regulations. In the event of a spill, contact should be made with IDI as
well.
D. Final Electrical connection to generator by plant. All final water and chemical connections will be
completed by DuPont. "Final" connections are defined as within 5' of the installed equipment. All water,
chemical, and application pipes beyond 5' of the generator are the responsibility of others. Noted in
equipment survey that all requirements are in place via the existing installation.
E. Monthly service will be provided. Additional service visits may be needed in the event that the chlorine
dioxide system has any unforeseen problems, in which a service technician will be dispatched at his/her
earliest convenience.
F. IDI uses a modified 4500E analytical method to test for CL02, CL02-, and excess chlorine in our generator
effluent. We do not provide chlorate readings as the test lends itself to many inaccuracies and can be very
subjective.
G. Testing of TOC, raw water, and before the filters is not usually required per the water plant. If this was
needed, IDI would be willing to send samples to a lab for testing at an additional cost.
H. Chlorine dioxide unit will be shipped ASAP after the announcement of the award. Typically, manufacturing
of a unit can take 6 to 12 weeks depending on the production queue.
I. IDI will supply (1) Amperometric Titrator supplied by Severn Trent Capital Controls, However Customer is
responsible for all service, Calibration,reagents and repairs of the unit.
Page 8 of 19
CITY OF PORT ARTHUR, TEXAS
BID SHEET
BID FOR: Purchase of Sodium Chlorite
BID DUE DATE: July 3,2019
ITEM # EST. QTY UOM DESCRIPTION UNIT COST TOTAL COST
1 600,000 LBS Sodium Chlorite $ 0. 586 $351, 600.00
Evoqua Water Technologies LLC 2650 Tallevast Road
COMPANY NAME STREET ADDRESS
SIGNATURE O BIDDER P.O. BOX
•Jennifer R.Miller Sarasota,FL 34243
PRINT OR TYPE NAME CITY STATE ZIP
Vice President&General Manager 941-359-7930
TITLE AREA CODE TELEPHONE NO
municipalservices@evoqua.com 941-359-7985
EMAIL FAX NO.
Please see Attachment A" Exceptions
Page 9 of 19
AFFIDAVIT
All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer
of the company whose signature is binding.
The undersigned offers and agrees to one of the following:
X I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay
succeeding debts as they become due.
I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said
debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due.
I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an
agreement for the payment of said debts. I further agree to pay succeeding debts as they become due.
Evoqua Water Technologies LLC 6/28/19
Firm Naprc' , Date
s..._ J - ,Q._
... .... .„.___ __.,
Vice President&General Manager
Authorized Signature Title
Jennifer R. Miller 941-359-7930
Name(please print) Telephone
municipalservices@evoqua.com 800-345-3982
Email
STATE: FL
COUNTY: Manatee
SUBSCRIBED AND SWORN to before me by the above named Jennifer R.Miller
on this the 28 day of June , 2019
;Y .:.i ; CONSTMCED.CURTIS C L/mx A 4:6
6..ed
_.. . ,._ rYCOMMISSION$FF913296
• NotaryPublic
==7.w.. EXPIRES:October 25,2019
'2",:f(0' Bonded Tbrutk:tryPub%Underr�ers
RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
Page 10 of 19
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. OFFICEUSEONLY
This questionnaire is being filed in accordance with Chapter 176,Local Goverrrnent Code,by a vendor who Date P.eceived
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.
Evoqua Water Technologies LLC
J n
I 1 Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated
J 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.
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
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?
nYes n 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.
fl Check •'. =: • •-vendor has given the local government officer or a family member of the officer one or more gifts
as .escribed in Secti• 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
J
. 6/28/19
Signt 4.1 .f vendor d.ing : siness with the governmental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
Page I 1 of 19
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 httplAvww.statutes.legis.state.tx.us/
Docs/LGlhtm/LG.176.htm.For easy reference,below are some of the sections cited on this form.
Local Government Code§176.001(1-al:'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;
cr
(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) Aver..dor 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 focal 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 doscribod 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.
Fcrm provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
Page 12 of 19
SB 252
CHAPTER 2252 CERTIFICATION
Jennifer R.Miller _ , the undersigned and representative
of Evoqua Water Technologies LLC
(Company or Business Name)
being an adult over the age of eighteen (18)years of age,pursuant to Texas Government Code, Chapter 2252,
Section 2252.152 and Section 2252.153,certify that the company named above is not listed on the website of the
Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051,
Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a
contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do
business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port
Arthur Purchasing Department.
Jennifer R.Miller
Name of Com any Representative(Print)
Signature of C mpany Representative
6/28/19
Date
Page 13 of 19
House Bill 89 Verification
I, Jennifer R. Miller (Person name), the undersigned representative
(hereafter referred to as "Representative") of
Evoqua Water Technologies LLC
(company or business name, hereafter referred to as
`Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn
by the undersigned notary, do hereby depose and affirm the following:
1. That Representative is authorized to execute this verification on behalf of Business Entity;
2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any
contract that will be entered into between Business Entity and the City of Port Arthur; and
3. That Representative understands that the term "boycott Israel" is defined by Texas
Government Code Section 2270.001 to mean refusing to deal with, terminating business activities
with. or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit
commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an
Israeli-controlled territory, but does not include an action made for ordinary business purposes.
.,...,_ i --,-- ,(o...
SIGNATURE 0 REPRESENTATIVE
SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 28 day
of June , 2019 .
( _G� W/v i(a (,cam 47
Notary Public
e' - CONSTANCE D.CUR11S
� :: MY COMMISSION 0 FF 913296 i
=}': ,,•. EXPIRES:October2S,2019
R \, Bonded Thy Notary Pub:e Uidemters
Page 14 OI 19
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.
Excluding Federal Funds
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: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ).
The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local
Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing
business or seeking to do business with the City of Port Arthur, including affiliations and business and financial
relationships such persons may have with City of Port Arthur officers. The form can be can be located at the
Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm
By doing business or seeking to do business with the City of Port Arthur including submitting a response to this
RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local
Government Code and you are representing that you in compliance with them.
Any information provided by the City of Port Arthur is for information purposes only. If you have
concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner
in which you must comply,you should consult an attorney.
Page 15 of 19
ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to
governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a
manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization.
Any employee that makes purchases for the City is an agent of the City and is required to follow the City's
Code of Ethics.
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.
ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by
addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The
City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure
to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's
responsibility to check for any addendums that might have been issued before bid closing date and time.
PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port
Arthur as its principal place of business must have an official business address (office location and office
personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or
the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or
interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid.
PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each
item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail.
' PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful
bidder. The purchase order number must appear on all itemized invoices.
INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Utility Operations
Department, P.O. Box 1089, Port Arthur, Texas 77641.
PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or
services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 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.
Page 16 of 19
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.
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
Page 17 of 19
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.
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 Contractor 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.
Page 18 of 19
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.
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 19 of 19
'.,
evoQuA
ATTACHMENT A
Exceptions
1. Page 6 of 19, Paragraph J: Evoqua shall be available 24 hours a day, 7 days a
week and shall respond via telephone within two (2) hours and be onsite within
four (4) hours of any emergency.
2. Page 6 of 19, Paragraph M.2: Evoqua has not included chlorate testing in the
field as it is not required by the State of Texas.
3. Page 7 of 19 , Paragraph 0.2: Evoqua has not included Chlorate analysis as it is
not required by the State of Texas.
2650 Tallevast Road Tel:+1(888)228-9877
Sarasota,FL 34243 USA Fax:+1(941)359-7985 wwvr.e,oqus.eom
evo QUA
WATER TECHNOLOGIES
AFFIDAVIT OF COMPLIANCE
Evoqua Water Technologies LLC Sodium Chlorite (AKTA KLOR 25),
manufactured by OxyChem (Wichita, KS) complies with A.W.W.A. B303-
18 specifications, including purity levels, chemical requirements, and
physical requirements. In addition, the National Sanitation Foundation
(NSF) International certifies OxyChem's Sodium Chlorite in potable
drinking water.
EPA#: 21164-6
4 � � 1
Jennifer R. Miller
Vice President & General Manager
2650 Tallevast Road Tel:+1 (888)228-9877
Sarasota,FL 34243 USA Fax:+1(941)359-7981 ., .::.tivoqua.ccm
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