Loading...
HomeMy WebLinkAboutPR 21133: CONTRACT APPROVALS FOR WATER TREATMENT CHEMICALS City of ort rthu�— Tera s INTEROFFICE MEMORANDUM Date: October 17, 2019 To: The Honorable Mayor and City Council Through: Ron Burton, Interim City Manager From: Donald Stanton, Interim Director of Utilities RE: P.R. 21133 —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 October 10, 2019, the Purchasing Department opened bids from 9 companies for 4 different treatment chemicals used in water purification and wastewater treatment. The Bid Tabulation is attached as Exhibit A. Budget Impact: The total projected budgetary impact for these chemicals is $396,559.50. 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. 21133, 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. 21133 10/17/19 bw Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF CONTRACTS FOR THE PURCHASE OF WATER AND WASTEWATER TREATMENT CHEMICALS FOR THE UTILITIES OPERATIONS DEPARTMENT WITH BRENNTAG SOUTHWEST, INC., DXI INDUSTRIES, INC., PENCCO, INC., AND SHANNON CHEMICAL CORP. WITH A TOTAL 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, the Purchasing Division has opened 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 October 10, 2019; and, WHEREAS,the bids have been evaluated by Utilities Operations and Purchasing, and the following four companies Brenntag Southwest, Inc., DXI Industries, Inc., Pencco, Inc., and Shannon Chemical Corporation presented bids that staff recommends contracting with for the unit prices shown in the Bid Tabulation attached as Exhibit"A". NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the City Manager of City of Port Arthur is hereby authorized and directed to execute one-year contracts between City of Port Arthur and 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"and"E"; and, P.R. No. 21133 10/17/19 bw 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 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 FOR ADMINISTRATION: Sherri Bellard Ron Burton City Secretary Interim City Manager APPROVED AS TO FORM: heGtc4b-17-- al-• .� izeno Clifton Williams, CPPB City • ttorney Purchasing Manager P.R. No. 21133 10/17/19 bw Page 3 of 3 Donnie Stanton Interim Director of Utilities APPROVED AS TO AVAILABILITY OF FUNDS: Kandy Dani Interim Director of Finance Account Nos. 410-1252-532.29-02 410-1256-532.29-02 P.R. No. 21133 10/17/19 Exhibit "A" (Bid Tabulation) — 1;,- liC; \aƒ /a •..... » —ƒ = k / CO CO 2 . % 7 m e o OW f R R ( -- 2< � 2- @h o o a. o c » § o -, & F. £ n 06 m as � � � •� � � . o � o lo 2 § o C) / 0 ƒ / tj ,o 7 o. R n g & ¢ co. o • k n E » o © .54 E ./ / § • 2 , CilSt @ J -, 2 C 2 / / k e ®' •f § B » w ƒ ƒ / 0 c k o aft, k / k Cr / / E� Iv tzi CA 9 =IN IN — CP 'CI *11 CD 2 ƒ ƒ ƒ n 7 to to• /foo \a. E § X .9 3 = c k ƒ 7 / Z n k / COis, / ¢ § / sy --i 6 � 0- r* k r n ¢ g 2 • ƒ ƒ ƒ k 4:z. k E. 0- 2 Ss— - R C...;;\ I O o bO 67 ff to i.• -z.... to = i< - - 0 ---, ( G •<CI' G7 G7 CO a C "LS 0 cn V) C/1 Cl) v� 0 y .m4., 4 O' NJ 6 $ w -t pc• k ' •0 wO o G x ` n 2° �c' Ir)� n ..• R yo ro = . ti m - covo r' o W LL El. 0 69 o w 0 o p n 7 c N O N pop n a O = m o. .5. 1. rn _G1 o C 5 0 5 m -4c 0 5• X C a. 00 O w .o 0 ;itB m d oo0 o ncr � U to n) „ Sam. .ti .A - . _ a o ^ = m Z c Y [ ''C1B c 0 f7 bd c: rD o 0 0 z C� A F OO a: a. a: '� r 4 0 CO r z � z z 0 � o 0 0 0 c rr' C 8 co t( r) a . a * a cA PD CD Si' P.R. No. 21133 10/17/19 Exhibit "B" PURCHASING CONTRACT AGREEMENT (Brenntag Southwest, Inc.) P.R. No. 21133 10/17/19 PURCHASING CONTRACT AGREEMENT THIS AGREEMENT is made this the of , 2019, by and between an individual, firm partnership or corporation, Brenntaq Southwest, Inc., of Dallas, 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 October 10, 2019. 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 (a? $680.00/ton = $221,000.00) 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. 21133 10/17/19 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 , 2019. WITNESS: CONTRACTOR: Brenntag Southwest, Inc. SIGNED AND AGREED to on the day of , 2019. WITNESS: CITY OF PORT ARTHUR: City Secretary City Manager THURMAN BILL BARTIE,MAYOR RONALD BURTON HAROLD DOUCET,SR.MAYOR PRO TEM INTERIM CITY MANAGER COUNCIL MEMBERS: City of SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. ' \� P4) CITY SECRETARY CAL J.JONES THOMAS J.KINLAW III ort rt h rc � VAL TIZENO CHARLOTTE MOSES CITY ATTORNEY KAPRINA FRANK 1e.tu.+' SEPTEMBER 27,2019 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, October 9, 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, October 9, 2019 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P19-106 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 whin;° to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams(a portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 Page 1 of 18 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. 0) Clifton Williams, CPPB Purchasing Manager Page 2 of 18 INVITATION TO BID HAULING OF LEACHATE (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 18 THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEET-PAGE 5 B. NON-COLLUSION AFFIDAVIT-PAGE 6 (MUST BE NOTARIZED) C. AFFIDAVIT-PAGE 7 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE I AND SIGN AT THE BOTTOM.- PAGE 8 E. CHAPTER 2252 CERTIFICATION-PAGE 9 F. HOUSE BILL 89 VERIFICATION-PAGE 10 Page 4 of 18 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. 1 100% 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. Page 5of18 Item No. 2 100%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. 3 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. 4 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 6 of 18 CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: Water Treatment Chemicals for Utility Operations BID DUE DATE: October 9, 2019 ITEM# UOM DESCRIPTION UNIT COST 1 TONS LIQUID CHLORINE (TON CYL.) $ 680.00/Ton 2 LBS LIQUID CHLORINE (150LB CYL.) $ 1.34/lb($201.00ICyl) 3 LBS HYDROFLUOSILICIC ACID $ O tc, 4 LBS PHOSPHATE $ 0. 3[9c-10/1b Delivery will be made 2-4 Days after Receipt of Order. Brenntaq Southwest, Inc. 704 E Wintergreen Road, Lancaster, Texas 75134 COMPANY NAME STREET ADDRESS W. 740%144.. �• REMIT TO ONLY- PO Box 970230 SIGNATURE OF BIDDER P.O. BOX W. Thomas Crain, Jr. REMIT TO ONLY-Dallas, Texas 75392-0230 PRINT OR TYPE NAME CITY STATE ZIP President (713)330-8570 TITLE AREA CODE TELEPHONE NO gtullier@brenntag.com (713)450-4699 EMAIL FAX NO. Page 7of18 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: hi [ C" Printed Name: ./� W. Thomas Crain, Jr. Title: President Company: Brenntag Southwest, Inc. Date: October 7, 2019 SUBSCRIBED and sworn to before me by the above named W. Thomas Crain, Jr. on this the 7th day of October , 20 19 '7<411, Otc ( r7,,, ,_.t,',,,,••• KRISLA CADENHEAD Notary Public in and for the •' •. NOTARY PUBLIC State of Texas t; 1D/1130800221 '•;�-.j �•• State of Texas 4lFar 1...i'.-' COI ltll.EXP.c}1.2!)-21)20 My commission expires: August 29, 2020 Page 8 of 18 AFFIDAVIT All pages in Offcror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: X I hereby certify that I do not have outstanding debts with the City of Port Arthur. i further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Brenntag Southwest, Inc. October 7, 2019 Firm Name Date President Authorized Signature Title W. Thomas Crain,Jr. (972)218-3500 Name(please print) . Telephone gtullier@brenntag.com Email • STATE: Texas COUNTY: Dallas SUBSCRIBED AND SWORN to before me by the above named W.Thomas Crain, Jr. on this the 7th day of October ,20 19 . Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL iY'n KRISIA CADENHEAD o`.P Bim' NOTARY PUBLIC IDII130800221 •.'9 * State of Texas Page 9 of 18 rFuf WI III).EXI).ot}•29-2020 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO 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 Data F-c?r:?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 Coca An 'offense under this section is a misdemeanor. J Name of vendor who has a business relationship with local governmental entity. Brenntag Southwest, Inc J -- X Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated - completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) ▪ Name of local government officer about whom the information is being disclosed. N/A Name of Officer ii 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? r Yes No Li Describe each employment or business relationshipthat 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. �6I 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)(R). excluding gifts described in Section 176.003(a-1). J October 7, 2019 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 Page 10 of 18 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy o1 Chapter 176 of the Local Government Code may be found at hltp:Nwww.statutes.legis.state.tx.us/ Doc s'LGihtm!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 tee 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 memberof 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 1 76.003(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 tiled 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 113012015 Page 11 of 18 House Bill 89 Verification I, W. Thomas Crain, Jr. (Person name), the undersigned representative (hereafter referred to as "Representative") of Brenntag Southwest, Inc. (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. SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 7th day of October , 20 19 . C/L iA^l�h.MMMAJI/�q osPi�v n`'B�� KRISLA CADENHEAD NOTARY PUBLIC ; :*: DU 130800221 Notary Public or CwctaExitt Sex}s0 Page 12 of 18 SB 252 CHAPTER 2252 CERTIFICATION I, W. Thomas Crain, Jr. ,the undersigned an representative of Brenntag Southwest, Inc. (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. W. Thomas Crain,Jr. Name of Company Representative(Print) w7A Signature of Company Representative October 7, 2019 Date • • Page 13 of 18 INFORMATION TO BIDDERS: 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: 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. Page 14 of 18 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. 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, P.O. Box 1089, Port Arthur, Texas 77641. Page 15 of 18 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. 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. Page 16 of 18 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. 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: Page 17 of 18 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. 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 18 of 18 The Public Health and Safety Organization NSF Product and Service Listings These NSF Official Listings are current as of Tuesday,October o8, 2019 at 12:15 a.m.Eastern Time. Please contact NSF 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.aspl CompanyName=brenntag+southwest&ChemicalName=Chlorine& NSF/ANSI/CAN 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 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.AQUAPUREO 3655 NSF 1-WAY sus us 275328 Version#:01 Issue date:06-12-2017 2 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 1 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.AQUAPUREO 3655 NSF 1-WAY sos us 275328 Version#-01 Issue date:06-12-2017 4/6 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 HMIS®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:AQUAPURE®3655 NSF 1-WAY sus us 275328 Version#:01 Issue date:06-12-2017 6;6 3. Composition/information on ingredients Substances Chemical name Common name and synonyms CAS number °/a CHLORINE 7782-50-5 10C 'Designates that a specific chemical identity andior percentage of composition has been withheld as a trade secret. 4. First-aid measures Inhalation Remove victim to fresh air and keep at rest in a position comfortable for breathing. Oxygen or artificial respiration if needed.Do not use mouth-to-mouth method if victim 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. Call a physician or poison control center immediately. 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 Not likely.due to the form of the product. 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 warm. 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. Show this safety data sheet to the doctor in attendance. 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 Greatly increases the burning rate of combustible materials. Containers may explode when the chemical heated. During fire,gases hazardous to health may be formed. Special protective equipment Self-contained breathing apparatus and full protective clothing must be worn in case of fire. and precautions for firefighters Fire fighting Allow gas to burn if flow cannot be shut off immediately.Apply water from safe distance to cool equipment/instructions container and protect surrounding area. In case of fire:Stop leak if safe to do so. Do not move cargo or vehicle if cargo has been exposed to heat. If tank, rail car or tank truck is involved in a fire. ISOLATE for 800 meters(1/2 mile)in all directions:also consider initial evacuation for 800 meters(1/2 mile)in all directions.ALWAYS stay away from tanks engulfed in flame. Move containers from fire area if you can do so without risk. Do not direct water at source of leak or safety devices as icing may occur.Withdraw immediately in case of rising sound from venting safety device or any discoloration of tanks due to fire. For massive fire in cargo area,use unmanned hose holder or monitor nozzles, if possible. If not.withdraw and let fire burn out. Specific methods Use standard firefighting procedures and consider the hazards of other involved materials. General fire hazards Contents under pressure. Pressurized container may explode when exposed to heat or flame. May cause or intensify fire; oxidizer. 6. Accidental release measures Personal precautions, Keep unnecessary personnel away. Keep people away from and upwind of spill/leak. Eliminate all protective equipment and ignition sources(no smoking, flares,sparks,or flames in immediate area). Keep out of low areas. emergency procedures Many gases are heavier than air and will spread along ground and collect in low or confined areas (sewers, basements,tanks).Wear appropriate protective equipment and clothing during clean-up. Do not breathe vapors or spray mist. Emergency personnel need self-contained breathing equipment. Do not touch damaged containers or spilled material unless wearing appropriate protective clothing.Ventilate closed spaces before entering them. Local authorities should be advised if significant spillages cannot be contained. For personal protection, see section 8 of the SOS. Material name:CHLORINE SOS L'S 1071 Version#:15 Revision date:01-31-2019 Issue date:05-22-2017 2 r 8 Skin protection Hand protection Wear appropriate chemical resistant gloves. Suitable gloves can be recommended by the glove supplier. Other Wear appropriate chemical resistant clothing. Use of an impervious apron is recommended. Respiratory protection Chemical respirator with organic vapor cartridge and full facepiece. Thermal hazards Wear appropriate thermal protective clothing,when necessary. General hygiene When using,do not eat,drink or smoke. Always observe good personal hygiene measures,such considerations as washing after handling the material 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. Liquefied gas. 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. Upper/lower flammability or explosive limits Flammability limit-lower Not available. (%) Flammability limit-upper Not available. (°/0) 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) 7 911 Partition coefficient Not available. (n-octa nol/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 C12 Molecular weight 70.91 g/mol Oxidizing properties May cause or intensify fire;oxidizer. Specific gravity 1.47 Surface tension 18.4 mN/m (68°F(20°C)) 10. Stability and reactivity Reactivity Greatly increases the burning rate of combustible materials. Material name:CHLORINE sus us 1071 Version#:15 Revision date:01-31-2019 Issue date:05-22-2017 4' 8 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 Iocal/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 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 available. Special precautions for user Read safety instructions, SDS and emergency procedures before handling. ERG number 124 Transport information on packaging may be different from that listed.Transportation information on packaging may be different from that listed. IATA 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 available. Environmental hazards No. ERG Code 124 Special precautions for user Read safety instructions.. SDS and emergency procedures before handling. IMDG Not regulated as dangerous goods. DOT //e\> INHALATION HAZARD // OXIDIZER CORROSIVE • 2 5.1 .• IATA ii;„,Oar. 2 -1 8 Material name:CHLORINE sus us 1071 Version#:15 Revision date:01-31-2019 Issue date:05-22-2017 6/8 Country(s) or region Inventory name On inventory(yes/no)' 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) a Europ 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) Taiwan Taiwan Toxic Chemical Substances(TCS) Yes 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 goveming 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 01-31-2019 Version# 15 HMIS®ratings Health:3 Flammability: 0 Physical hazard:3 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. SDS US Material name.CHLORINE 8 i 8 1071 Version#:15 Revision date:01-31-2019 Issue date:05-22-2017 NSF The Public Health and Safety Organization NSF Product and Service Listings These NSF Official Listings are current as of Tuesday, October o8, 2019 at 12:15 a.m. Eastern Time. Please contact NSF 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.ns£org/Certified/PwsChemicals/Listings.asp? CompanyName=brenntag+southwest&TradeName=3655& NSF/ANSI/CAN 6o Drinking Water Treatment Chemicals - Health Effects Brenntag Southwest Route 2, Box 352-200 Nowata, OK 74048 United States 80o-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 P.R. No. 21133 10/17/19 Exhibit "C" PURCHASING CONTRACT AGREEMENT (DXI Industries, Inc.) P.R. No. 21133 10/17/19 PURCHASING CONTRACT AGREEMENT THIS AGREEMENT is made this the of , 2019, by and between an individual, firm partnership or corporation, DXI Industries, Inca 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 October 10, 2019. 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)Addend urn (F) Notice to Proceed 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. Y.R. No. 21133 10/17/19 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 , 2019. WITNESS: CONTRACTOR: DXI Industries, Inc. SIGNED AND AGREED to on the day of , 2019. WITNESS: CITY OF PORT ARTHUR: City Secretary City Manager THURMAN BILL BARTIE,MAYOR RONALD BURTON HAROLD DOUCET,SR.MAYOR PRO TEM INTERIM CITY MANAGER Ew COUNCIL MEMBERS: City 2f — ' . '^. SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. �''r r `; '>� � CITY SECRETARY CAL J.JONES ///1 \\\ THOMAS J.KINLAW HI ort r t Ir tt 1s3 VAL TIZENO CHARLOTTE MOSES CITY ATTORNEY KAPRINA FRANK �< < SEPTEMBER 27,2019 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, October 9, 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, October 9, 2019 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P19-106 DELIVERY ADDRESS: Please submit one(1) original and one (I) 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 writin,to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williamsc portarthurtx.2ov • Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 776411 409.983.8160 1 Fax 409.983.8291 Page 1 of 18 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 18 INVITATION TO BID HAULING OF LEACHATE (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 18 THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEET-PAGE 5 B. NON-COLLUSION AFFIDAVIT-PAGE 6 (MUST BE NOTARIZED) C. AFFIDAVIT-PAGE 7 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE I AND SIGN AT THE BOTTOM.- PAGE 8 E. CHAPTER 2252 CERTIFICATION-PAGE 9 F. HOUSE BILL 89 VERIFICATION-PAGE 10 Page 4 of 18 • 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. 1 100% 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. Page 5 of 18 Item No. 2 100%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. 3 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. 4 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 6 of 18 CITY OF PORT_IRTIII.R. TE.L1S BID SHEET BID FOR: Water Treatment Chemicals for t:ti!itOperations BID DUE: DATE. October 9. 2019 FirTENI # UOMM - DESCRIPTION _ _ UNIT COST I TONS LIQUID CHLORINE (ION Cll.) _ S y750.0) ; ? LBS LIQUID CHLORINE 11501.B CYL.) S S 48.00 8.00 \u Bid — _ LBS — FIYDROFLUOSILICIC ACID S No Bid 4 LBS PHOSPHATE I S Delmer:, <‘ill he Horde ' - ` Da\s atter Receipt ot'Order. I)\I InLIU>tri<'.. Inc. I )I'? 1C! 1t )lIt E31\d (.( )\41) \\1 \ \\II 's FRE I.1 \DI)RF-`!. P.() fins '�nnn j l; I I, I:n>I<<I! f l,,n,( : . I \ "-(11 '. I,R!\ I t )R 11 1'I \ \\II ( I 11' s I 1 I l /IP I ,.;1.I ..iL, Rel ic;cnl.lii'.; 12tiI 1 37;7 - -3ti-I.ti III ! ! \RI \(, t l)1 III Lill(It )\I \() Ilnilu1>ton o lI\_1.0111'c If,; 1'xI 1 -t i' - .4SIC F \I \II I .\\ \( ). I'I-. 7, 18 CITY OF PORT ARTHUR, TEXAS NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § § STATE OF TEXAS 5 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: ,4a:—.--, Printed Name: R. C. Karm Title: President Company: DXI Industries, Inc. Date: October 2, 2019 SUBSCRIBED and sworn to before me by the above named R. C. Karm, President on this the 2nd day of October , 2019 Zeayel I/,�7.,& Notary Pub . in and for the State of T s My commission expires: 02/06/2023 4TY/4'(, BEVERLEY S. BATES iiT,"*.giVi,S.Notary Public State of Texas -`?.. v' Comm Expires 02-06-2023 ''ir�:kt,SNotary ID 12445160.0 Page 8 of IS 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: XX 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. October 2, 2019 Firm Name Date President Authorized Signature Title R. C. Karm 713-863-1947 Name (please print) Telephone rkarm @dx�roup com Email STATE: Texas COUNTY: Harris SUBSCRIBED AND SWORN to before me by the above named R C. Karm, President on this the 2nd day of October , 20 19 Notary PubI. RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL .4``11)) , BEVERLEY S BATES f•r: r Notary Public. State of Texas P 4e 9 011$ '•. -Q� Comm Expires 02-06-2023 '''''omf;;;;>ss Notary ID 12446160-0 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session- OFRCEUSE ONLY This questionnaire is being filed in accordance with Chapter 176. Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176,006(a) By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be 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 4 Name of vendor who has a business relationship with local governmental entity. DXI Industries, Inc. l l Check this box if you are filing an update to a previously flied questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate tiling 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) LI Name of local government officer about whom the information is being disclosed. N/A 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, Irom the vendor? n 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? f] Yes 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. (l Check this box if the vendor has given the local government officer or eternity member of the officer one or more gifts j as described in Section 176 003(a)(2)(B), excluding gifts described in Section 176 003(a-1) J R.C.Karm,President, / DXI Industries,Inc. y" October 2, 2019 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 Page 10 of 18 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:i/www.statutes.legis.sfate.tx.us/ DocsitG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1.0):"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 riot 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 dale 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. Farm provided by Texas Ethics Commission www ethics stale tx.L:s Revised 11-30,20 15 Page 1I of 18 House Bill 89 Verification I, R. C. Karm, President (Person name), the undersigned representative (hereafter referred to as "Representative") of DXI Industries, Inc. (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. SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 2nd day of October _ , 2019 . i ; e/ iiVt/- Notary Public +"Y�( 1.;. BEVERLEY S BATES =_.. . =Notary Pubic. State of Texas ;''• .PZ Comm Expires 02-06.2023 Page %�;;°;,,,, Notary ID 12446160-0 . a„el_ofl$ SB 252 CHAPTER 2252 CERTIFICATION 1, R. C. Karm, President _ , the undersigned an representative of DXI Industries, Inc. (Company or Business dame) 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. 1 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. R. C. Karns, President Name of Company Representative (Print) Signature of Company Representative October 2, 2019 Date ---- -_---- Page 13 of 18 INFORMATION TO BIDDERS: 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: 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. Page 14 of 18 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. 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, P.O. Box 1089, Port Arthur, Texas 77641. Page 15 of 18 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. 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. Page 16 of 18 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. 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: Page 17 of 18 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. 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 18 of 18 clocicipQSafety 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'.s 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 Industnes 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 corn 2. Hazard identification of the product Physical hazards Gases under pressure Liquefied gas Oxidizing gases E Category 1 Health hazards Acute toxicity inhalation Category 2 Skin corrosion/irritation Category 1 Serous eye damage.eye trritat:on Category 1 Specific target organ toxicity singe exposure Category 3 Specific target organ toxic.y repeated -Category '(Lanai masa Environmental hazards Very t"aza-douS to the aquatic env ronnnen' Cn;ego.ry ! acute hazard Label elements ; :y D +I ri! ; Section ' .a-dt 2 . 5 '.ar1til L Signal Word Danger Hazard Statements 4;� ;,_:e. , < ,„er Coma n;.;as un .e'.^.rF•;5.. e Toy e'.i o e • ria'on Ca..Ses eye t'.irio- kla resor a:j.y star a;r ,�r �.�x._ ':}�q_rat _ lily , �;, .,`, as:no Causes severe Skit- ovrnj and eye 'analis Oa i_ses a/e-, ,o k,_to ?Cr.JB`,r .re :astir-J. May :'c corny; ;e t_, -seta, Precautionary Statements Prevention K-;e S'.ue a..aj 1'—' , jrr ,; ,:rl'r^,i'yr ii- bac J re "::I n” J ,e, .n • -a' .a i- !'{ifU..`..jt-:ya r. d .j�.. Ffie✓, . Response IF 011. 13' I . - F INI t,A..=D F-- .. - . CENNTER:tr:, 0. .!!'e"!!.j., !N CASE OF FIRE Ste, StorageS:.ire a ,ve -vent.a et- --. Disposal D =on. ,,, b SDS Safety Data Sheet 3. Composition/information on ingredients Synonyms Chlorine. Chlorine—liquefied gas Chlorine gas Chlorine(Liquid or Gas) Substance classified w•th 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 matenal(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 3 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 rnstng GET IMMEDIATE • MEDICAL ATTENTION Skin In case of contact 0,:th substance immediately flush sk•n with running water for at least 20 minutes ' Exposure to liquid may cause frostbite burns Remove contaminated clothing jewelry and shoes i 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 vinth this material w•li cause burns to the skin eyes and mucous membranes Unconsciousness Co...ign snonness of breath heartache nausea •.•orriting May cause lung damage Indication of For liguid uoritact treat tre affected person for frost • •:.• •:"the product is ingested immediate probable mucosa•damage may contra •••-• •. ••••••• - ,•-•, a‘fected perion medical attention a;)pro ana!ely Pn-.).•ce general supporti,e • -, , , and special -•-•,• treatment needed • „. _ . . 5. Fire-fighting measures Recommended Ui-a f i•-•nroonate jor ' - i• Extinguishing media Unsuitable D•••-• • ,•.a!•:-•- • ••-- -.• ‘•• extinguishing media • Special hazards fq-c,n C ne Preis,n212'2 arising from the i•--•: - •- i is, • .••• • ) • - substance or - • .• . • -)• -, • , • • " rh Advice for fire- • • . • • - •-- •• ) • --• fighters . • .' • , 4. 't ni—ed . , , •• n-r•ir• ,o•ent cue to e<2S5 9SrC n E,air•..3:e fq,?. r 5.• ERG Guide No 124 2 6 SDS Re. •-.,•••-••2 Date ` Safety Data Sheet 6. Accidental Release Measures Personal ' Immediately evacuate personnel to safe areas Many gases are hea -han air and will spread along precautions. ground and collect in low or confined areas(sewers basements tam—s, Keep people away from and protective upwind of spill/leak Keep out of tow areas Keep unnecessary personnel away. Ventilate closed equipment and spaces before entering them Wear appropnate 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 tt65 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 materia! 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 j 7. Handling and storage ! j Avoid heat sparks.open flames and other ignition sources Keep away from clothing and other Precautions for combustible materials Use only chlonne-compatible lubricants Do not use greases and o,s 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 Industria+ hygiene practices Avoid release to the environment Conditions for Contents under pressure Keep away from heat sparks and open flame Sec n an safe storage. upright position at ail times ;;lose al!valves when not,n use Store in a well - Store including any away from incompatible materia,, incompatibilities Store at temperatures ^:>t exCeec:N 13' •F t 55 C 1 For ti-e abo,e soecif en tamp-.. .- :re pressure.s 225 ps y 8 Exposure controls and personal protection Exposure Control Parameters CAS No. Material Source Type Value 7782-50-5 C for ne OSHA Table Z Lim,t — —._L _ — ' Ceiling �rnrJ n'3._ US ,.rr.t •.,lues STEL , par^ACGIH Threshold • US ACGIH Threshold l;rr•t ._ ,aiu85 TWA 0 3 ppm Engineering Sho.i C ne ba^`pied in closed systems if possible Where reasonx n/IC h . Controls ,ac`„evec ny " u e Of Inca exr•a',:St vent:!atnn and good gener,i If these are.n t. s to ma:ntd" rations of oar;'cuiates anrt any vapor be'n . pr0os,re ts ptab,ie raq.. ._�... ._ .. - ,;d nrOrr OOsenfb Occupational E Di> ue _e. ire nFF,p+ i:�a:-'. .'n.,_.r.en<.`i s:`'> a. 6!..: .:I Individual protection measures. s.,ch as personal protective equipment Respiratory U - Skin • . - Other Work Practices . • Int. SOSDi ' .i;-; 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(g25 CI Vapor Density: 249 Specific Gravity: 1 4 Solubility in Water: Necligible Partition coefficient n-octanoliwater(Log Kow): 1 Not Auto-ignition temperature(°C): ' Not Measured Decomposition temperature: Not Measured Viscosity(cSt): Not Measured VOC %: I Not Measured Other information: No otner relevary inforrrat;or. 10. Stability and reactivity Reactivity: Ox,d,zer Chemical stability: Stable u^de-no-ma:c-cums'acues Possibility of hazardous Dry mate-ia ",cin y -eacti ie opt). I An(!t n Reacts th •?,1,-; at r reactions: terrye-aLires or.n the iyes5,--ce ot r—o ate' Rie•ac*,3 feirfr ;O'ros: rn.f.J.roc^o-e2 acir , organ C 11,3:!er Conditions to avoid. No data .3',3'au Incompatible materials As. : ci .a2; ,' n -ed. r'. an,.! is Kee-.)3.va; 3 s... • --*/*ene -e& oi-e- alum num Hazardous decomposition crow- hy,),"; products. 11. Toxicological information Acute toxicity Ingredient Results Species Dose Exposure Cr. •778 _ p . tern , 293 _ . Item Hazard Acute Toxicity: '1-.; 7; • ' 5 5 • ' • 3C; Parr• mr,ei:ate :nest Da r •io--tiny -:,--)nea F-,0 to, Ar; ele 430 i)Pr- over 1 000 ppm tate, ,Pt.ni a teo, I. s astio" tne respiratrJry-.•30r •S d.c tO IS Srifg _• y ; '‘, ^if; h1oOrM0,..5 ac•ri ar: "y•JOC,1,0,::3C Or- ' f's*:)1S, - S jmptom5 T ,Lor-o-ary congestion arri !f- •• ,"• aecn()f if hours lolow,-43 se,ere acute ex;.o., • • • - Cy-4 6 SOS P iDi'.e -5 1 2, 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 he 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 availab e toxicity(single exposure) Specific target organ systemic Causes damage to organs(lungs)through prolonged or repeated expo;;,re Toxicity(repeated exposure): - — Aspiration hazard: Due to the physical form of the product it is not an aspiration hazard 12. Ecological information Toxicity Very ioxr to aquatic life Toxic to aquatic !.fe 0,1:c, ong last;ng effec1K Aquatic Ecotoxicity Ingredient 96 hr LC50 fish, mg/I 48 hr EC50 crustacea, mg/I ErC50 algae. mgil C (7782-50-5) 14 ! r Ot) .) Dd�Jr`^� :)...'E< __... 0 7t3 i')tJ r•;) Oncorhire,nus Persistence and 1-r,s sa,. e'e"ent a ,. no; SJ:)i (J t)0 CC,'3Cfat... degradability: Bioaccumulative potential: b', r.,'.o Mobility in soil: 'iar i Ula+ar;a Results of PBT and vPvB Tl ; PBT vP•,B chem Gals assessment. Other adverse effects: No o he'effects ar?e:.per ._d 13. Disposal considerations Waste treatment methods. Do cto/ a J,. ;l ,or ,139r r.<)t.'se, ;'paste :r :ar'.)t coy -1^9';•;" , f! !N-•• 1he E" , r:nc e':a P n 1. , lU ^Cj ' a`if1 :) c , :✓ r e • - j^,) .r71A.Li( 0 1, ...> '�cSCr- ,l o AJI" 'r, E' fir' Waste from material: J-e tr ;s< f ..,, - -.. Container Management '?er i er )r. -.. n. -.fi C?r- 'i K -� .' •'r,- ; _ ' . • 5 6 • - - Safety Data Sheet 14 Transport information UN number: I UN1017 UN proper shipping name: I Chlorine Transport hazard class(es) DOT(Domestic Surface Transportation) DOT Proper Shipping Chlorine 1 Name: DOT Hazard Class 23 (5 1 8) DOT Label: 2.3. 5 1 8 . _ UN/NA Number: UN1017 DOT Packing Group: Not Applicable CERCLA/DOT RO: 10 lbs Environmental hazards: IMDG klanne Pollutant Yes(Chlorine) Special precautions for . Not Applicable user: I 15. Regulatory information Regulatory Overview: The regulatory data in Section 15 is not intended to be all-inclusive crly selected regulations are represented AD ingredients of tnis product are listed on the TSCA (Toxic Substance Control Act! Inventory WHMIS Classification: A • Compressed Gas C Okrlizing A - Poisonous and Infectious Material ktatra,a!s causing immed ate ant: serious tox,c.effects Very toxic matehal -E Corros!ve material OSHA REGULATORY This material is COr'S:dertY:: -,azarclous by the OSHA Hazard Corrinv!cation Star-dam! STATUS (29 CFR 1910 1200) US EPA Tier II Hazards Fire: No Immediate(Acute) . _ . Sudden Release of Yes Delayed(Chronic): T'es Pressure: • - • Reactive. .e s SARA 302 Extremely Hazardous Substance I ROs(lbs ) : 'Yes '0 tis: SARA 311/312 Chemicals and RQs(lbs.)(>0.1%) : SARA 313(TRI) Yes OSHA PSM(29 cfr 1910 119): `r es(2500 Ibsi TSCA: CnIonce State California N J RTI Substances(>1'40 ,-,;•t!,1 Penn RTK Substances(>1340 . Regulations ! Prop 65 16 Other information EPA Registration Number. 81 3:10 NSF Maximum Use Level (STD 60) ':i• ' 3‘3 Revision Information: s SL75 ro' ••• • ; s A ,: , .;" , , • • 6 6 SOS Rw; Di-- .7, I 20") I.ktin`_ C•ategur\ Search Pave I \SF International Pace I4,12 The Public it'd Rh and Safrt )ig ulit.ttion NSF Product and Service Listings Tht,',..;t\SF t nficial Listing,are CU,i iit !.,it Thursda}. Ma) 09. 2019 at t2.15.1 m F:a,tern"fins: 1'1.",!,.; contact NSF t, confirm the>tJtus of an Li.till4.report error:.of make stug,_c•,aion, \Iert. NSF i;concerned about fraudulent dottnioadin;_and manipulation of tteb,ite te\t. \ht,s\s confirm ili inturmatn"n ht cot kina,on the bel,ltt lints for thr•most accurate information: ht(h:. .iiitil.11al.0 it Certified PU�(_•I (•4,111pal1\ NSE/ANSI 6o l)rinkin;; \\ atcr Treatment Chemicals - Health Effects I)XI Industrie. Inc. fou.lacl,.i ii I tis P.O lit,\ 130410 Ilttutit•,u T\ --219-114 lit t.,lilte',t SLAV., \Nit /ill,tin1110,1111 >l'CI,>It,"'11�._s..__._t•',�_I,:.�t_�,i r;_,t_!i_;� Facility : 111,nst'ill f\ ('Idorinct 11 bait.fLwi1)ctctlinn I'r.nitiel l •Iion Llu"r t,e (1)1;.;'111.. 1)i.tnti" itt,.:it ;u lI1 I �.alium II do,'idetit I,-,uh•f)c.iitlnnfiun I',,,tl),t•I t uncli„o llu.r f ct• 1,'! �.,ci i vc I i I•II Mein-!m.'nt �:,•l.t t .:r,,,.i,.n ',C.d.- Id I ,,..tl tall ?,iln.r;!„•nt t',;s,!;, `.::i.t ;u'S ('„f1.,_!„n\Sit, i.••nir ,I It,-nr_ I. 1'I( 1i1t11-uncut ;tt' l:a r,_o•+t SCA.'( ,nri•'I snu!s,_ I pH V1).1-40 1,10. h'ttjt Illtt .I1�L.trt. { eit111CtI P1t�{ hClillt ll> I.1>CII1 .h.p { ,1111pUilt I_'titin 9 1{)I t) ('ate. n ti.:ar_h P it I NNE- lnkrn:tt ioti l f':I.1c 2 Itt ' ,11 :.\ ,,t 11,,1 2.301114 1. 1111 lrliu�tlitc•nt �r;,lnut 111 It„\u.l rt', •i ,lt ,\ �rt •i >Hi?,. 111 NO I I,H \<IIt1 tin 'nt >,rrinuu Fli;IP,vId g'I jFI \'llltatn, 11 >,>,lunn i13.11•••,0(1,. G,tl \rlliNtnr•r,t • tindiutn IIIplichlnritcl( 1 I t 11,11<•1lr.eigiuttl„n Inn 114Ix 1 Sr I\irhl r 1t-ntf:.rlr•n,� I'.1,l.111 33 nein I iriiL,r `I.t I lr ult ,tr•rt . l .oi ohm ;,nn% !. ••••••,rl!u n 11 r''`11„01, ;,i I I i iF,.11.,t n?,in„n i,_ 111= .. �.rtl:1101 II hl„tit•• 12 (11,1113 I I 'ii \ ,.I,?,tti"n 7,1) Cb<1 DXI INDUSTRIES, INC. P 0 Box 24600 Houston. Texas 77229-4600 (281) 457-4888 Fax (281) 457-4807 www.dxgroup.com October 2, 2019 RE: NSF certification Request Dear Sir/Madam: DXI Industries, Inc. located in Houston, Texas has the following materials ANSI/NSF Standard 60 Certified: • Chlorine • Sodium Hydroxide (20%, 25%, 30%, 50%) • Sodium Hypochlorite 1004 and 12.5% (Dixichlor and Dixichlor Max) If you need further assistance, please do not hesitate to contact us. Sincerely, DXI Industries, Inc. Joy Montanio Environmental, Health, Safety & Security Manager P.R. No. 21133 10/17/19 Exhibit "D" PURCHASING CONTRACT AGREEMENT (Shannon Chemical Corp.) P.R. No. 21133 10/17/19 PURCHASING CONTRACT AGREEMENT THIS AGREEMENT is made this the of , 2019, 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 October 10, 2019. 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 $47,790.00 (67.5 tons A $708.00Iton) 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. 21133 10/17/19 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 , 2019. WITNESS: CONTRACTOR: Shannon Chemical Corp. SIGNED AND AGREED to on the day of , 2019. WITNESS: CITY OF PORT ARTHUR: City Secretary City Manager THURMAN BILL BARTIE,MAYOR RONALD BURTON HAROLD DOUCET,SR MAYOR PRO TEM INTERIM CITY MANAGER COUNCIL MEMBERS: Cit'of SHERRI BELLARD,TRMC RACAL Yd JONES ND OTT,JR - 1\' CITY SECRETARY THOMAS J.KINLAW III n r t r 1 h tt�— VAL TIZENO CHARLOTTE MOSES CITY ATTORNEY KAPRINA FRANK &WA SEPTEMBER 27,2019 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, October 9, 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, October 9, 2019 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P19-106 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 wriIint, to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur,TX 77641 clifton.williamsAportarthurtx.gov • Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4th Street' Port Arthur,Texas 776411 409.983.8160 1 Fax 409.983.8291 Page 1 of 18 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. ' Mtz Clifton Williams, CPPB Purchasing Manager Page 2 of 18 INVITATION TO BID HAULING OF LEACHATE (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 3of18 THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEET-PAGE 5 B. NON-COLLUSION AFFIDAVIT-PAGE 6 (MUST BE NOTARIZED) C. AFFIDAVIT-PAGE 7 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE I AND SIGN AT THE BOTTOM.- PAGE 8 E. CHAPTER 2252 CERTIFICATION-PAGE 9 F. HOUSE BILL 89 VERIFICATION-PAGE 10 Page 4 of 18 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. 1 100% 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. Page 5 of 18 Item No. 2 100% 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.3 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. 4 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 6 of 18 CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: Water Treatment Chemicals for Utility Operations BID DUE DATE: October 9, 2019 ITEM# UOM DESCRIPTION UNIT COST 1 TONS LIQUID CHLORINE(TON CYL.) $No Bid 2 LBS LIQUID CHLORINE(150LB CYL.) $No Bid 3 LBS HYDROFLUOSILICIC ACID $ 0 .284/# 4 LBS PHOSPHATE $ 0 .354/# Delivery will be made 3 Days after Receipt of Order. Shannon Chemical Corporation 602 Jeffers Circle, Exton, 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 7 of 18 CITY OF PORT ARTHUR, TEXAS • NON-COLLUSION AFFIDAVIT CITY OF ROM:000MM Exton § STATE OF T4RXAS Pennsylvania 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: ( l 1 Printed Name: Daniel C. Flynn _ Title: Vice President-Operations Company: Shannon Chemical Corporation Date: 10/03/19 SUBSCRIBED and sworn to before me by the above named Daniel C. Flynn on this the 3rd day of October , 2019 . Notary Public in and for the State of IMAXX Pennsylvania My commission expires: Commonwealth of Pennsylvania-Notary Seal KIMBERLY O'AMBROSIO-Notary Public Chester County My Commission Expires Apr 7,2023 Commission Number 1260997 Page 8 of 18 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 10/03/19 Firm Name Date t Vice President-Operations Authorized Signature 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 3rd day of October ,2019 Commonwealth of Pennsylvania.Notary Seal KIMBERLY O'AMBR0510-Notary Public Chester County My Commission Expires Apr 7,2023 Notary Public Commission Number 1260997 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 9 of 18 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. NONE- Not Applicable 1 Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated ' 1 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 Al Describe each employment or other business relationship with the local government officer;or a family member of the officer,as described by Section 176.003(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? n Yes No 8. 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 govemmental entity? n Yes No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. J 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). 7l >)( 1 1 Daniel C. Flynn 10-03-19 Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/3012015 Page 10 of 18 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/ Dccs/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 it: (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 niemberof 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(aLand(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 II of 18 House Bill 89 Verification Daniel C. Flynn (Person name), the undersigned representative (hereafter referred to as "Representative") of Shannon Chemical Corporation (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. ( ) t -- Daniel C. Flynn SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 3 day of October , 2019 . Notary Public Commonwealth of Pennsylvania-Notary Seal KIMBERLY D'AMBROSIO-Notary Public Chester County My Commission Expires Apr 7,2023 Commission Number 1260997 Page 12 of 18 SB 252 CHAPTER 2252 CERTIFICATION I Daniel C. Flynn the undersigned an representative of Shannon Chemical Corporation (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. Daniel C. Flynn, V.P.-Operations Name of Company Representative (Print) -0C il � Signature of Company Representative 10/03/19 Date Page 13 of 18 INFORMATION TO BIDDERS: 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: 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. Page 14 of 18 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. 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, P.O. Box 1089, Port Arthur, Texas 77641. Page 15of18 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. 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. Page 16 of 18 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. 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: Page 17 of 18 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. 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 18 of 18 • 6hannon 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 September 26, 2019 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. • - 1 � K. pivak, ecru . 10/03/19 Date Seal: • Post Office Box 376 • Malvern,Pennsylvania 19355 • (610)363-9090 • Fax: (610)524-6050 111 Shannon 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 by the EPA•for use as a corrosion control additive in potable drinking water. SLI-5250 is approved by the National Sanitation Foundation under Standard 60. All raw materials used in the formulation of SLI-5250 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. SLI-5250 has the following chemical and physical characteristics: Appearance: Liquid . Color: Clear,Water White Odor: None. • Density: 11.4#/gallon • Orthophosphate as PO4: 18% • Polyphosphate as PO4: 18% • Ortho/Poly ratio: 1':1 • pH 1% solution: 6.0 • • -7 .1 -- Daniel C. Flynn Vice President-Operations SHANNON CHEMICAL CORPORATION Post Office Box 376 • Malvern,Pennsylvania 19355 • (610)363-9090 • Fax: (610)524-6050 111 Shannon Chemical •Corporation • Specializing in LEAD and COPPER Corrosion Control I Iydrofluorosilicic.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 asstated in the Water Chemical Codex and the Water Chemical Codex; Supplementary Recommendations for Direct Additives. 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 0 Percentage HF: Less Than• 0. 4a Daniel C. Flynn Vice President-Operations SHANNON CHEMICAL CORPORATION Post Office Box 376 • Malvern.Pennsylvania 19355 • (610)363-9090 • Fax: (610)524-6050 -Q • Shannon 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 character-ist-ics: • • Specific Gravity: 1.2 - 1. 3 • Color: • Less Than 10. 0 CU Odor: Sharp; Pungent UN#: 1778 Packing Group: II • Placards: Corrosive Percentage H2Si.F6: 23 - 30% • Percentage HF: Less Than 0. 4% • • • 7J _ Daniel C. Flynn • Vice President-Operations SHANNON CHEMICAL CORPORATION Post Office Box 376 • Malvern,Pennsylvania 19355 • (610)363-9090 • Fax: (610)524-6050 11111 6hannon 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 SLI-5250 is divided into 50% by weight of polyphosphate and 50% by weight of orthophosphate. SLI-5250 is certified to ANSI/NSF Standard 60 with a maximum dosage rate of 27 mg/L. The specifications 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 204 18% ± 1 Polyphosphate as PO4 18% ± 1 Total Available PO4 36% ± 1 Ratio Ortho/Poly 1 : 1 • • The raw materials used in the formulation of SLI-5250 meet or exceed the specifications for additives to potable drinking water as stated in the Water Chemicals Codex and the Water Chemicals Codex: Supplementary Recommendations For 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 Shannon ChemlcEil Corp. P.O. Csc 375 V- -. _ . i35. ror �: (610)3�3 ct?0 - Fax.(610)524 6050 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 bum 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 H. 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: • 5.6to6.2 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 • V agaV '"dam" t c 'A 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: 06/01/2018 8 S hanaon Chemical Corp. _.. <376 , .- 010)363 ) =tar(61O 524/7350 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 • 16961-83-4 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. 1 A 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),11301 Acute Tox.2(Inhalation:dust,mist),H330 Skin Corn IA,11314 Eye Dam. 1,H318 Aquatic Acute 3,H402 Water CAS:7732-18-5 70-77 Not classified 2 SE-19001-25 SECTION 4:FIRST AID MEASURES = .3 l: 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 S: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. (44115 o !El.Si (111/1 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/1(reported as 1.11 mg/1/1h) Skin Corrosion/Irritation • May cause severe skin bums 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 COFROSIVE 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 Con. 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: 06/01/2018 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 August 1, 2018. Shannon Chemical Corp. P.O. Box 376 Malvern, PA 19355 610-363-9090 Facilityv Exton, PA Chemical/ Trade Designation Function Max Use Blended Corrosion Inhibitor SHAN-NO-CORR Lead Free(7..N] Corrosion & Scale Control 15 mg/L SNC-4442 Corrosion & Scale Control 13 mg/L Sequestering SNC-Lead Free[ZN] Corrosion & Scale Control 15 mg/L SNC-N2 Corrosion & Scale Control 10 mg/L SNC-NO LEAD1ZN1 Corrosion & Scale Control 15 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 I-800-NSF-MARK/734-769-8010 w vw.nsf.org • 0 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 SLI-B Corrosion & Scale Control 27 mg/L SLI-DP Corrosion & Scale Control 30 mg/L 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 mg/L Sequestering SNC-5220 Corrosion & Scale Control 10 mg/L Sequestering SNC-5225 Corrosion & Scale Control 10 mg/L Sequestering SNC-5230 Corrosion & Scale Control 10 mg/L Sequestering 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 SNC-5275 Corrosion & Scale Control 10 mg/L Sequestering SNC-5295 Corrosion & Scale Control 10 mg/L Sequestering SNC-5420 Corrosion & Scale Control 10 mg/L SNC-5520 Corrosion & Scale Control 10 mg/L Sequestering SNC-7220 Corrosion & Scale Control 12 mg/L Sequestering SNC-7435 Corrosion & Scale Control 10 mg/L SNC-HW Corrosion & Scale Control 10 mg/L 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 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-CORK Plus, SNC +[ZN] Corrosion & Scale Control 10 mg/L SHAN-NO-CORR TYPE L[2N] Corrosion & Scale Control 20 mg/L SHAN-NO-CORR TYPE NCZN] 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.Disboro Road,Ann Arbor,Michigan 48105-9723 USA 1-800-NSF-MARK/734-769-8010 wriw.nsf org • 0 NSF International SHAN-NO-CORR-ZOP1zNI Corrosion & Scale Control 10 mg/L SLI-3331zN1 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 SNC-ZOP 123[ZNi Corrosion & Scale Control 11 .mg/L SNC-ZOP 321[ZN] Corrosion & Scale Control 11 mg/L Miscellaneous Treatment Chemical RSC-100X[11 Ion Exchange Supplement 750 mg/L 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 SO Corrosion & Scale Control 20.5 mg/L SLI-PHOS 75 Corrosion & Scale Control 12 mg/L Potassium Permanganate 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 Sodium Permanganate[PO] 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 1-800-NSF-MARK/734-769-8010 www.ns£org 0 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 j Sequestering if SLI-5155 Corrosion & Scale Control 19.5 mg/L i Sequestering SLI-5160 Corrosion & Scale Control 17.8 mg/L Sequestering i 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 55 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 SRAN-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 ChloridelZN1 SLI-2125 Corrosion & Scale Control 15 mg/L Note: Additions shall not be made to this document without prior evaluation and acceptance by NSF International. 4 of 5 41630 789N.Dixboro Road,Aqui Arbor,Michigan 48105-9723 USA 1-800-NSF-MARK/734-769-8010 www.iuF.org 0 NST International SLI-2150 Corrosion & Scale Control 8 mg/L 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 S 41630 789 N.Dixboro Road,Ann Arbor,Michigan 48105-9723 USA 1-800-NSF-MARK/734-769-8010 www.nsforg P.R. No. 21133 10/17/19 Exhibit "E" PURCHASING CONTRACT AGREEMENT (Pencco, Inc.) P.R. No. 21133 10/17/19 PURCHASING CONTRACT AGREEMENT THIS AGREEMENT is made this the of , 2019, 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 October 10, 2019. 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 $21,420.00 (60 tons A $357.00/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. 21133 10/17/19 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 , 2019. WITNESS: CONTRACTOR: Pencco, Inc. SIGNED AND AGREED to on the day of , 2019. WITNESS: CITY OF PORT ARTHUR: City Secretary City Manager THURMAN BILL BARTIE,MAYOR RONALD BURTON • HAROLD DOUCET,SR.MAYOR PRO TEM INTERIM CITY MANAGER COUNCIL MEMBERS: City of SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. • , CITY SECRETARY CAL J.JONES THOMAS J.KINLAW III ort r t h u VAL TIZENO CHARLOTTE MOSES CITY ATTORNEY KAPRINA FRANK Texas SEPTEMBER 27,2019 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, October 9, 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, October 9, 2019 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P19-106 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\\ork should be directed in writing to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 cl ifton.wi I l iams(a,portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291 Page 1 of 18 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 18 INVITATION TO BID HAULING OF LEACHATE (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 18 THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEET-PAGE 5 B. NON-COLLUSION AFFIDAVIT-PAGE 6 (MUST BE NOTARIZED) C. AFFIDAVIT-PAGE 7 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE I AND SIGN AT THE BOTTOM.- PAGE 8 E. CHAPTER 2252 CERTIFICATION -PAGE 9 F. HOUSE BILL 89 VERIFICATION-PAGE 10 Page 4 of 18 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 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. 1 100% 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. Page 5 of 18 Item No. 2 100%Liquid Chlorine-36,000 lbs. (estimated) in 1501b. cylinders Same condition as above Item No. 3, except shipments shall be in 20 cylinder lots, and shall he unloaded by successful bidder. Item No.3 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. 4 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 6 of 18 CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: Water Treatment Chemicals for Utility Operations BID DUE DATE: October 9,2019 ITEM# UOM DESCRIPTION UNIT COST 1 TONS LIQUID CHLORINE(TON CYL.) $ NO BID 2 LBS LIQUID CHLORINE(I50LB CYL.) $ NO BID 3 LBS HYDROFLUOSILICIC ACID $ 0.1785/lb 4 LBS PHOSPHATE $ NO B I D Delivery will be made 7-14 Days after Receipt of Order. Pencco, Inc. 831 Bartlett Rd Sealy, Tx 77474 COMPANY NAME STREET ADDRESS PO Box 600 IGNATURE OF BIDER 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 sarah@pencco.com 979.885.3208 EMAIL FAX NO. Page 7 of 18 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: Cdcl -3-LN( Printed Name: Sara Duffy 0 Title: Bid Sec. Company: Pencco, Inc. Date: 10/1/19 SUBSCRIBED and sworn to before me by the above named Sarah Duffy on this the 1 day of October , 20 19 . 461,-Paa yN ar Publi ' y and for tie State of Texas My commission expires: 1-1 I D n JENNIFER GUAJARDO � "COMM.EXPIRES 2-06-2023 ,yq`�. NOTARY ID 13188228-4 Page Sof18 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: V 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. Pencco, Inc. 10/1/19 Fir ame Date �11 Bid Sec. Au horized Signature U . Title Sarah Duffy 979.885.0005 Name(please print) Telephone sarah@pencco.com Email STATE: Texas COUNTY: Austin SUBSCRIBED AND SWORN to before me by the above named Sarah Duffy on this the 1 day of October ,20 19 . (j.. )1 VV, tary Pub c e, JENNIFER GUAJARDO RETURN THIS AFFIDAVIT AS PART OF THE BID PROPO COMM.EXPIRES 2-06-2023 ,Fa NOTARY ID 13188228-4 Page 9ofl8 CONFLICT OF INTEREST QUESTIONNAIRE FORM C10 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 questiornaire Is being filed In accordance with Chapter 178,Local Government Code,by a vendor who Date Received has a business relationship as defined try Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questonnairo must be fled 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 fled- See Section 178.006(a-1),Local Government Code. A vender commits an offense If the vendor knowingly violates Section 176.008,Local C-ovemrrent Coda.An offense under this section Is a misdemeanor. J Name of vendor who has a business relationship with local governmental entity. 'Fen CC,o) r'C Check this box if you arefilingen update to a previously filed questionnaire.(The law requires that you file en 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 flied questionnaire was incomplete or inaccurate.) Name of local government officer about whom the information is being disclosed. N/A 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 X 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 IXINo Describe each employment or business relationship that the vendor named in Section I 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. NIA nCheck this box if the vendor has given the local government officer or a fami,y 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). r i 10/1x19 (SI re o vendor doing rxslness UY the)goGemmontal en* Datil i' Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11!30/2015 Page 10 of 18 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 httpi/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-I) 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 11 of 18 House Bill 89 Verification 1, Sarah Duffy (Person name), the undersigned representative (hereafter referred to as "Representative") of Pencco. Inc. (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. 11ajn SITREOFR PRES,� A6VE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 1 day of October , 2019 . `� ./()25-Nta-i Notary Public JENNIFER GUAJARDO COMM.EXPIRES 2-06-2023 "`,%, r NOTARY ID 13188228-4 Page 12 of 18 INFORMATION TO BIDDERS: 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: 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. Page 14 of 18 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. 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, P.O. Box 1089, Port Arthur, Texas 77641. Page 15 of 18 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. 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. Page 16 of 18 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. 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: Page 17 of 18 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. 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 18 of 18 -Pencco higher standards.better water_ PO Box 600 San Felipe,Texas 77473 (979)885-0005 Fax:(979)885-3208 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 PenCAX) PO Box 600 San Felipe,Texas 77473 (979) 885-0005 Fax: (979) 885-3208 AFFIDAVIT OF COMPLIANCE This is to certify that the Hydrofluorosilicic 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. Horne, President Name and Title of Official 1/01/2019 Date 10/1/2019 Listing Category Search Page I NSF International . The Public Health and Safety Organization NSF Product and Service Listings These NSF Official Listings are current as of Tuesday, October 01, 2019 at 12:15 a.m. Eastern Time. Please contact NSF 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/CAN 60 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 : Distribution Center- Fremont, CA Ferric Chloride Trade Designation Product Function Max Use Ferric Chloride Coagulation&Flocculation 600mg/L Facility : Vernon, CA info ncf nrnlr:PrtifarUPwcrhemicals/Listinas.ase?ComoanvName=oencco&TradeName=&ChemicalName=&ProductFunction=&PlantState=&PlantCou._. 1/5 10/1/2019 Listing Category Search Page I NSF International 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 600mg/I. Facility : Distribution Center - Willow Springs, IL Hydrofluosilicic Acid Trade Designation Product Function Max Use Fluorosilicic Acid Fluoridation 6mg/L Fluosilicic Acid Fluoridation 6mg/L Hydrofluosilicic Acid Fluoridation 6mg/L Facility : Distribution Center - Westborough, MA Hydrofluosilicic Acid Trade Designation Product Function Max Use Fluorosilicic Acid Fluoridation 6mg/L Facility : Middlesex, NC Ferric Sulfate Trade Designation Product Function Max Use 50% Ferric Sulfate Coagulation &Flocculation 65omg/L 60% Ferric Sulfate Coagulation&Flocculation 65omg/L Ferric Sulfate Coagulation&Flocculation 65omg/L Penn 3202 Coagulation&Flocculation 65omg/L Poly Ferric Sulfate Coagulation&Flocculation 65omg/L Hydrofluosilicic Acid Trade Designation Product Function Max Use infn naf nmrr.orrinor/PwrChamlrlIs/l istinas.asn9CnmoanvName=oencco&TradeName=&ChemicalName=&ProductFunction=&PlantState=&PlantCou... 2/5 10/1/2019 Listing Category Search Page I NSF International Hydrofluorosilicic Acid Fluoridation 6mg/L Facility : Distribution Center - Bardwell, 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 Ferric Sulfate Solution 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 Hydrofluosilicic Acid Trade Designation Product Function Max Use Hydrofluorosilicic Acid Fluoridation 6mg/L Facility : El Paso, TX Ferrous Chloride Trade Designation Product Function Max Use Ferrous Chloride Coagulation&Flocculation 5oomg/L NOTE : Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified. Facility : Ennis, TX infn ncf nm/C:artifierilPwsC.hnmirals/I istinas.esn7cmmnanvName=oencco&TradeName=&ChemicalName=&ProductFunction=&PlantState=&PlantCou... 3/5 10/1/2019 Listing Category Search Page I NSF International 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 50% Ferric Sulfate Coagulation &Flocculation 65omg/L 6o% 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 1.5omg/L GreenIron Coagulation&Flocculation 15omg/L Safelron Coagulation&Flocculation - 15omg/L Hydrofluosilicic Acid Trade Designation Product Function Max Use Hydrofluorosilicic Acid Fluoridation 6mg/L Facility : Sealy, TX Ferric Sulfate Trade Designation Product Function Max Use 50% Ferric Sulfate Coagulation & Flocculation 65omg/L 6o% Ferric Sulfate Coagulation&Flocculation 65omg/L Ferric Sulfate Coagulation&Flocculation 65omg/L infra ncf r,rnl( rtisprI!Pwcr.homiralsti istinns.asn/CnmoanvName=oencco&TradeName=&ChemicalName=&ProductFunction=&PlantState=&PlantCou... 4/5 10/1/2019 Listing Category Search Page I NSF International Ferric Sulfate Solution Coagulation&Flocculation 65omg/L Penn 3202 Coagulation &Flocculation 65omg/L Poly Ferric Sulfate Coagulation&Flocculation 65omg/L Hydrofluosilicic Acid • Trade Designation Product Function Max Use Fluorosilicic Acid Fluoridation 6mg/L Fluosilicic Acid Fluoridation 6mg/L Hydrofluosilicic Acid Fluoridation 6mg/L Number of matching Manufacturers is 1 Number of matching Products is 42 Processing time was 1 seconds rr as aIDI.,crs1,e,..i,.nien iefinncacrOrmmnarn/Nama=nanrrnR.TradAName.=RChemicalName=&ProductFunction=BPlantState=&PlantCou... 5/5 pencor' Customer Service 800-864-1742 FAX 888-273-6226 Revision Date 2017-11-02 Safety Data Sheet (SDS) Hydrofluorosilicic Acid SECTION 1 —Chemical Identification and Supplier's Information Product ID: HFS Supplier's Name&Address: Use: Industrial Use Pencco,Inc. Chemical Formula: HZSiF6 P.O. Box 600 Chemical Family: N/A San Felipe,TX 77473 CAS#: 16961-83-4 Emergency Phone: Pencco (979)885-0005 CHEMTREC (800)424-9300—24 hours a day SECTION 2—Hazards Identification GHS Information Signal Word: Danger Hazard Class: No Physical Hazards1111> Hazard Category: N/A Hazard Statement: Harmful if Swallowed (H302) Causes severe skin burns and eye damage (H314) Causes serious eye Health Hazards damage (H318) Harmful if Inhaled Acute Toxicity, Oral — Category 4. May cause (H332) burns or irritation of the linings of the mouth, Harmful to aquatic life throat, and gastrointestinal tract. Swallowing a (H402) small quantity of this material will result in serious health hazard. Appearance and Odor: Fuming colorless liquid with pungent odor. Acute Toxicity, Dermal — Category 3. Pro- longed contact may cause irritation and,possibly, Emergency Overview: A corrosive chemical. burns. Harmful if swallowed. Harmful if inhaled. Causes severe skin burns and eye damage. Contact with Eye Contact—Irritation and, possibly, burns. liquid or vapor form of this chemical may cause severe injury. Avoid overexposure. Inhalation — Category 4. May cause irritation of the upper respiratory tract, resulting in Pictograms: difficulty breathing. Safety Data Sheet—Hydrofluorosilicic Acid Page 1 of 6 pencco Customer Service 800-864-1742 FAX 888-273-6226 Revision Date 2017-11-02 Precautionary Statements • Store locked up. (P405) Prevention Disposal Considerations • Do not breathe fumes, mist,vapors,or sprays. (P260) • Dispose of this material and its container to • Wash skin thoroughly after handling. (P264) hazardous or special waste collection point in • Do not eat, drink, or smoke when using this accordance with local, regional, national, product. (P270) and/or international regulation. (P501) • Use only outdoors or in a well-ventilated area. (P271) Carcinogenicity: None of the components of • Avoid release to the environment. (P273) this material are listed as a carcinogen by IARC, • Wear eye protection, face protection, NTP, OSHA, or ACGIH. protective gloves, protective clothing. (P280) Fire and Explosion Hazards: This product will Response not burn and is not flammable. • If swallowed: Rinse mouth. (P301+P330) NFPA Rating HMIS Rating 4=Extreme/Severe • Call a POISON CENTER/doctor/phy- Health 3 3 3=High/Serious sician. (P312) Reactivity 0 0 2=Moderate • Wash contaminated clothing before reuse. Flammability 0 0 1 =Slight (P363) Storage Considerations SECTION 3—Composition/Information on Ingredients Chemical Identity: Hydrofluorosilicic Acid Common Name and synonyms: HFSA, Fluorosilicic acid, Hexafluoresilicic acid, hydrosilicofluoric acid Ingredient CM# Weight Percentage Hydrofluorosilicic Acid 16961-83-4 25% Water/Inactive Ingredients 7732-18-5 75% *All components are NSF compliant SECTION 4—First Aid Measures Eye Contact First Aid:Immediately flush eyes for 15 minutes with large amounts of water while holding eyelids apart.Washing within one minute is essential to achieve maximum effectiveness. Obtain medical attention IMMEDIATELY after flushing. Skin Contact First Aid: Flush skin with water for at least 15 minutes. Remove contaminated clothing;wash before reuse.If irritation is still present,seek medical attention IMMEDIATELY. Safety Data Sheet—Hydrofluorosilicic Acid Page 2 of 6 pane Customer Service 800-864-1742 FAX 888-273-6226 Revision Date 2017-11-02 Inhalation First Aid: Remove to fresh air.If not breathing, give artificial respiration. If breathing is difficult, give oxygen. Obtain medical attention IMMEDIATELY. Ingestion First Aid:DO NOT INDUCE VOMITING.Give 1 or 2 glasses of water or milk.Never give anything by mouth to an unconscious individual.Obtain medical attention IMMEDIATELY. SECTION 5—Fire Fighting Measures Flash Point: Not applicable. Upper/Lower Explosion Limits in Air: Not applicable. Auto Ignition Temperature: Not applicable. Extinguishing Media:Will not burn;use materials appropriate for surrounding fire. 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. Fire and Explosion Hazards: Not flammable. Under conditions of fire this material may produce: silicon oxides;hydrogen fluoride;tetrafluorosilane. Decomposes above 108°C (227 °F) Fire Fighting Instructions: Firefighters should wear proper protective equipment and self-contained breathing apparatus with full face-piece operated in a positive pressure mode. Move exposed containers from fire area if it can be done without risk. Use water to keep fire-exposed containers and tanks cool. Do not allow run-off from fire fighting to enter drains or water courses. Hazardous Product of Decomposition or Combustion: Unknown. SECTION 6—Accidental Release Measures Review safety precautions before proceeding with cleanup. Use appropriate personal protection equipment. Do not touch spilled material. Neutralize spill with limestone (calcium carbonate), or sodium bicarbonate. Restrict access to area until completion of clean up. Caution:Ventilation should be provided in enclosed areas.Dike area around spill to prevent spreading, and use absorbent material to pick up spill. Steps to Be Taken in Case Material Is Released or Spilled: Notify the appropriate environmental authorities. Note that spills may need to be reported to the National Response Center((800)424-8802) SECTION 7—Handling and Storage Handing:Avoid all eyes and skin contact,and do not create or 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. Safety Data Sheet—Hydrofluorosilicic Acid Page 3 of 6 pence Customer Service 800-864-1742 FAX 888-273-6226 Revision Date 2017-11-02 Storage: Reacts with many metals to produce flammable and explosive hydrogen gas. Keep away from strong acids and bases, chlorites, organic peroxides, combustible materials, and metals. 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.Avoid using glass,metal,or stoneware containers. SECTION 8—Exposure Controls and Personal Protection 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. Eye Protection: Use chemical safety goggles and face shield. Do not wear contact lenses. Skin Protection: Where there is possibility of skin contact, use the following as appropriate, to avoid skin contact: gloves impervious to material, apron, boots, hood, pants, and jacket. Maintain a safety shower with quick opening valves.Water should be supplied through insulated and heat-traced lines to prevent freeze-ups in cold weather. SECTION 9—Physical and Chemical Properties Boiling Point 136 - 163°C (277 - 326°F) pH: 1.5 -2.0 Melting Point: -18 --20°C (-1 -4°F) Solubility in Water: Complete Specific Gravity: 1.2 at 24°C Vapor Pressure: 24 mm Hg at 25°C Volatile: Unknown Evaporation Rate: N/A Vapor Density(Air= 1): N/A Molecular Weight: 144 g/mol - Appearance: Water white to straw yellow Odor: Pungent SECTION 10—Stability and Reactivity Reactivity:Reacts with metals to form flammable hydrogen gas. Stability:Stable at normal conditions. Decomposition:Thermal decomposition yields hydrogen silica tetrafluoride and hydrogen fluoride gas. • Incompatibility: Metals, glass,stoneware, alkali,strong concentrated acids. SECTION 11 —Toxicological Information Chronic Effects: Prolonged absorption of fluorides may result in fluorosis. Symptoms include changes in bone density, ossification of ligaments and mottling of the dental enamel. Safety Data Sheet—Hydrofluorosilicic Acid Page 4 of 6 pane Customer Service 800-864-1742 FAX 888-273-6226 Revision Date 2017-11-02 Toxicological Data: LD50 oral rat = 125 mg/kg. Carcinogenicity: None of the components of this material are listed as a carcinogen by IARC, NTP, OSHA, or ACGIH. Reproductive Effects: No reproductive effects are known. Target Organs: No data available. SECTION 12—Ecological Information Ecotoxicological Information:Acute toxicity to aquatic invertebrates: LD50 = 140 mg/kg. SECTION 13 —Disposal Considerations This material is hazardous to the aquatic environment. Keep out of sewers and waterways. Place in an appropriate container. Dispose of contaminated material at a licensed site. Dispose of waste in accordance with applicable federal,state, and local laws. SECTION 14—Transportation Information DOT Shipping Name: Fluorosilicic acid Hazard Class:8—Corrosive Material UN Number:UN 1778 Packing Group:II Reportable Quantity: 10000 lbs (4540 kg) SECTION 15 —Regulatory Information OSHA: Hazardous Corrosive Liquid—29 CFR 1920.1200 OSHA Process Safety(29 CFR 1910.119):No CERCLA: Hazardous Substance—Reportable Quantity(RQ) = 10,000 lbs(4540 kg) SARA Regulations: 313 and 40 CFR 372: No SARA Hazard Categories, SARA Sections 311/312 (40 CFR 370.21): Acute: Yes; Chronic:Yes; Fire: No; Reactive: No; Sudden Release: No Clean Water Act: Designated as a hazardous substance under Section 311(b)(2)(A) of the Federal Water Pollution Control Act; Ingredients are regulated by the Clean Water Act Amendments of 1977 and 1978. This chemical is subject to regulations regarding its discharge. Safety Data Sheet—Hydrofluorosilicic Acid Page 5 of 6 penow Customer Service 800-864-1742 FAX 888-273-6226 Revision Date 2017-11-02 TSCA Inventory Status:Yes California Proposition 65: No Right-To-Know Lists: Massachusetts, New Jersey. This substance does not contain nor is manufactured with ozone-depleting substances. Canadian Regulations: CPR:Very toxic, Class D; Corrosive, Class E; DSL: Listed SECTION 16—Other Information Revision Date: November 2, 2017 Pencco provides the information contained in each SDS, technical data sheet ("TDS"), product information brochure and/or information contained herein (including data and statements) in good faith and makes no representations as to its comprehensiveness or accuracy as of the date of publication.The SDSs, TDSs, and product information brochures are referred to collectively as the"Data Sheets". It is the responsibility of the user to obtain and use the most recent version of the Data Sheets.Each Data Sheet relates only to the specific product designated therein and may not be valid where such product is used in combination with any other materials or in any process.Further,since the conditions and methods of use of the product and information are beyond the control of Pencco, Pencco expressly disclaims any and all liability as to any consequential damages or results obtained or arising from any use of the products or the information contained in the Data Sheets. NO WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY,EXPRESS OR IMPLIED,IS MADE AS CONCERNS THE DATA SHEETS OR THE RELATED PRODUCTS. No statement made in the Data Sheets or by any employee or agent of Pencco shall be construed as a permission or recommendation for the use of any product in a manner that might infringe existing patents. No employee, agent, distributor, or sales representative is authorized to vary the terms of the above paragraph,to make any statements,representations,or warranties inconsistent with the above paragraph,or to provide any information that is at variance with the above paragraph.All materials related to the product are subject in all respects to the above paragraph and to the extent that they are inconsistent with the above paragraph,the terms of the above paragraph shall control. Safety Data Sheet—Hydrofluorosilicic Acid Page 6 of 6