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HomeMy WebLinkAboutPR 21783: AMENDING RES 21-005 FOR PURCHASE OF PHOSPHATE AND PURCHASE OF CHLORINE On of ort rtltu WATER UTILITIES DEPARTMENT- INTEROFFICE MEMORANDUM Date: January 28, 2021 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager From: Donnie Stanton, Interim Director of Water Utilities RE: PR 21783 —Resolution Amending Res. No. 21-005 for Phosphate & Chlorine Introduction: On January 19, 2021, the City Council passed Resolution No. 21-005, which contained authorization for the City Manager to purchase Phosphate from Shannon Chemical Corp. of Malvern, Pennsylvania for a bid of$0.37711b. After the passage of the resolution, an error was discovered in the bid tabulation. The bid tabulation reflected $0.437/lb. for Carus, LLC of Peru, Illinois. In review of the original bid documents, it was discovered that the correct pricing from Carus, LLC was $0.37/lb., making Carus, LLC the lowest bidder instead of Shannon Chemical Corp., whose quote was $0.377/1b. The projected budgetary impact for the corrected pricing from Carus, LLC of Peru, Illinois, with a bid of$49,950.00, will save the Water Department $945.00. The intent of this Agenda Item is to seek City Council's approval to amend Resolution No. 21-005, which authorized the execution of a contract and the purchase of Phosphate for the Water Utilities Department from Shannon Chemical Corp. of Malvern, Pennsylvania in the amount of$50,895.00. Resolution No. 21-005 also contained authorization for the City Manager to purchase 1-ton chlorine cylinders from Brenntag Southwest, Inc. of Lancaster, Texas for a bid of$719.00/ton. After the passage of the resolution, Brenntag Southwest, Inc. sent a letter, stating that, due to clerical error on their part, they wish to withdraw their bid. The increase in pricing from the next lowest bidder, DXI Industries of Houston, Texas, with a bid of$730.00 will cost $11 more per cylinder. The projected budgetary impact for the pricing from DXI Industries, Inc. of Houston, Texas, with a bid of$237,250.00,will increase the Water Department expenditures by$3,575.00. The intent of this Agenda Item is to seek City Council's approval to amend Resolution No. 21-005, which authorized the execution of a contract and the purchase of 1-ton chlorine cylinders for the Water Utilities Department from Brenntag Southwest, Inc. of Lancaster, Texas and award the contract to DXI Industries, Inc of Houston, Texas. "Remember, we are here to serve the Citizens of Port Arthur" cityof =_ `rr urt rtlr l�.iu.� Background: The Lower Neches Valley Authority (LNVA) supplies water to the City of Port Arthur, and the City's Water Purification Plant uses phosphate and chlorine in the purification process.Near the end of the previous contract, on December 4, 2020 and December 11, 2020, bids for various chemicals, including phosphate and chlorine, were solicited. The intent of this Agenda Item is to seek City Council's approval to amend Resolution No. 21-005, which authorized the execution of a contract and the purchase of Phosphate for the Water Utilities Department from Shannon Chemical Corp. of Malvern, Pennsylvania in the amount of$50,895.00. On January 19,2021,the City Council passed Resolution 21-005,which contained authorization for the City Manager to purchase Phosphate from Shannon Chemical Corp. of Malvern, Pennsylvania for a bid of$0.377/lb. After the passage of the resolution, an error was discovered in the bid tabulation. The bid tabulation reflected $0.437/lb. for Carus, LLC of Peru, Illinois. In review of the original bid documents,it was discovered that the correct pricing from Carus, LLC was$0.37/Ib.,making Carus,LLC the lowest bidder instead of Shannon Chemical Corp.,whose quote was $0.377/1b. The lowest solicited bidder, Carus, LLC of Peru, Illinois, is now chosen, with a bid of$49,950.00, which will save the Water Department$945.00. Resolution No. 21-005 also contained authorization for the City Manager to purchase 1-ton chlorine cylinders from Brenntag Southwest, Inc. of Lancaster, Texas for a bid of$719.00/ton. After the passage of the resolution, Brenntag Southwest, Inc. sent a letter, stating that, due to clerical error on their part,they wish to withdraw their bid. Budget Impact: The projected budgetary impact for the corrected pricing from Cams,LLC of Peru,Illinois,with a bid of$49,950.00, will save the Water Department $945.00. Funds are available in Account No. 410-1252-532.29-02, Chemicals. The projected budgetary impact for the pricing from DXI Industries, Inc. of Houston, Texas, with a bid of $237,250.00, will increase the Water Department expenditures by $3,575.00. Funds are available in Account No. 410-1252-532.29-02, Chemicals. Recommendation: It is recommended that City Council amend Resolution No.21-005 regarding Shannon Chemical Corp.of Malvern,Pennsylvania and Brenntag Southwest,Inc.of Lancaster,Texas,and authorize the execution of a contract with the lowest bidder, Cams, LLC of Peru, Illinois for phosphate and authorizes the execution of a contract with the lowest bidder, DXI Industries, Inc. of Houston, Texas for 1-ton cylinders. "Remember,we are here to serve the Citizens of Port Arthur" P. R. No. 21783 1/28/21 bw Page 1 of 4 RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NO. 21- 005 REGARDING THE CONTRACT WITH SHANNON CHEMICAL CORP. OF MALVERN, PENNSYLVANIA FOR THE PURCHASE OF PHOSPHATE AND THE CONTRACT WITH BRENNTAG SOUTHWEST, INC. OF LANCASTER, TEXAS FOR THE PURCHASE OF 1-TON CHLORINE CYLINDERS, AND EXECUTING A CONTRACT WITH CARUS, LLC OF PERU, ILLINOIS FOR THE PURCHASE OF PHOSPHATE IN THE AMOUNT OF $49,950.00, AND EXECUTING A CONTRACT WITH DXI INDUSTRIES, INC OF HOUSTON, TEXAS THE PURCHASE OF 1-TON CHLORINE CYLINDERS IN THE AMOUNT OF $237,250.00; FUNDING AVAILABLE IN THE WATER UTILTIES ACCOUNT NO. 410-1252-532.29-02, CHEMICALS. WHEREAS, the Lower Neches Valley Authority (LNVA) supplies water to the City of Port Arthur; and, WHEREAS, the City's Water Purification Plant uses phosphate and chlorine in the purification process; and, WHEREAS, near the end of the previous contract, on December 4, 2020 and December 11, 2020, bids for various chemicals, including phosphate and 1-ton chlorine cylinders, were solicited; and, WHEREAS,the Purchasing Division compiled a bid tabulation with an error; and, WHEREAS, on January 19, 2021, the City Council passed Resolution No. 21-005, which authorized the City Manager to purchase phosphate from Shannon Chemical Corp. of Malvern, Pennsylvania for a bid of $0.377/lb. and 1-ton chlorine cylinders from Brenntag Southwest, Inc. of Lancaster, Texas for a bid of$719.00/ton; and, P. R No. 21783 1/28/21 bw Page 2 of 4 WHEREAS, after the passage of Resolution No. 21-005, an error was discovered in the bid tabulation for phosphate; and, WHEREAS, the correct pricing from Cams, LLC is $0.37/1b. (see updated bid tabulation attached as Exhibit"A"); and, WHEREAS, the corrected pricing from Cams, LLC of Peru, Illinois, with a total projection budgetary impact of$49,950.00, which will save the Water Department $945.00 (see attached contract as Exhibit"B"); and, WHEREAS, after the passage of Resolution No. 21-005, an error was discovered on the part of Brenntag Southwest, Inc. of Lancaster, Texas, who wishes to withdraw their bid (see letter from vendor attached as Exhibit"C"); and, WHEREAS, the pricing from the next lowest, most responsible bidder, DXI Industries, Inc. of Houston, Texas is $730.00/ton; and, WHEREAS, the pricing from DXI Industries, Inc. has with a total projection budgetary impact of $237,250.00, which will increase Water Department expenditures by $3,575.00 (see attached contract as Exhibit"D"). NOW THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF CITY OF PORT ARTHUR: THAT,the facts and opinions in the preamble are true and correct; and, THAT,Resolution No. 21-005 is hereby amended to correct the error, that authorized the execution of a contract for phosphate with Shannon Chemical Corp. of Malvern, Pennsylvania, and authorize the City Manager to enter into a contract with Carus, LLC of Peru, Illinois for the Water Utilities Department to purchase phosphate in the amount of$49,950.00, in substantially the same form as attached hereto as Exhibit"B"; and, P. R. No. 21783 1/28/21 bw Page 3 of 4 THAT, Resolution No. 21-005 is hereby amended to correct the vendor error, that authorized the execution of a contract for 1-ton chlorine cylinders with Brenntag Southwest, Inc. of Lancaster, Texas and authorize the City Manager to enter into a contract with DXI Industries, Inc. of Houston, Texas, to purchase 1-ton chlorine cylinders in the amount of $237,250.00, in substantially the same form as attached hereto as Exhibit"D"; and, THAT, funding for phosphate and 1-ton chlorine cylinders is provided for in Account No. 410-1252-532.29-02, Chemicals; and, THAT, a copy of this resolution shall be spread upon the minutes of City Council. READ, ADOPTED, AND APPROVED THIS day of , 2021 at a Regular Meeting of City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor ; Councilmembers: NOES: . Thurman"Bill" Bartie Mayor ATTEST: Sherri Bellard City Secretary P. R. No. 21783 1/28/21 bw Page 4 of 4 APPROVED AS TO FORM: Valecia Tizeno City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton Donnie Stanton City Manager Interim Director of Water Utilities APPROVED AS TO THE AVAILABILITY OF FUNDS: cA}Z Kandy Dani Interim Director of Finance /1/I tiAA' � Clifton illiams, CPPB Purchasing Manager Exhibit "A" cta aa) U .0 krl o 0 rrC 0 O "f .1Oy • N A A y -r 0 cn , . U - 0 ON U Njr) g d:F EA Li .a bbb .a Cha CA CO a'? N 4 (5 O O O 6R ›. N Z Z Z a. U a. L Q 0 o U b b p o C 00.1 co r-- 0M 6) c � zZfe, ei i ›' 71 .E U 0 0 L E U H N E. Z C cc ca p an 0 ,- .u. w. u `e� = UZZ0Z � � ci u 0. 6.4 C CID 0 . 7 C F os 4., a6 O O g O c " U O 5Q FELSas °0N en un CV 0 •— L b0� 0CCOaMGa a) M a O 1:6, W F o .. Fro E1 � zz '4Z �' as N Qr. U oC ti c 0 0 .n -o -o i- 0 •Y4. o � y opo en 4 GaZa 0 C UZZ C 446R X x Y5 -;,,c)7, ;U Q U .0 e b •0 F C n . — a) Q g c C 0 N O, o uCG . •C O O _ - Ow ,pC .a .4 = a '� Coc G. c0, -O. -.1); - ,-, 0 r2:1 pa cc 0 .• at o o >• I .� l N M .. 11-4 C)k\\‘ t; 4. - U a) U ¢ A .°a Exhibit "B" PURCHASING CONTRACT AGREEMENT THIS AGREEMENT is made this the of , 2021, by and between an individual, firm partnership or corporation, Carus, LLC of Peru, Illinois, 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 thirty (30) days written notice. 2. The Vendor will provide Liquid Phosphate, as delineated and submitted in their bid on January 6, 2021. 3. During the term of this Contract, the Vendor will furnish all of the materials and supplies, as stated in the advertised bid specifications, described as: Water Treatment Chemicals 4. The Vendor agrees to deliver all materials on an as-needed basis during the term of this contract, in a not-to-exceed maximum amount of $49,950.00 (135,000 lbs. A $0.37/Ib.) 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. 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 , 2021. WITNESS: CONTRACTOR: Shannon Chemical Corp. SIGNED AND AGREED to on the day of , 2021. WITNESS: CITY OF PORT ARTHUR: City Secretary City Manager City of a -CITY OF PORT ARTHUR,TEXAS nrt rtbu ADDENDUM NO. ONE(1) Texas ORIDecember 16,2020 BID FOR: Water Treatment Chemicals The following clarifications,amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00p.m., Central Standard Time, Wednesday, January 6, 2021. (The clock located in the City Secretary's office will be the official time.) All proposals received will be read aloud at 3:15p.m. on Wednesday, January 6, 2021 in the City Council Chambers, City Hall, 5th Floor, Port Arthur,TX. Proposals will be opened in a manner to avoid public disclosure of contents;however,only the names of proposers will be read aloud. If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. es CI` id i Williams,illiCPPB Purchasing Manager i&t- e•- -L- 100.- e::e_, January 4, 2021 Signature of Proposer Date Barbie Smith/Inside Sales Manager Carus LLC Company Vendor Name THURMAN BILL BARTIE,MAYOR RON BURTON CHARLOTTE MOSES,MAYOR PRO TEM City of CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY CAL J.JONES ort rthur THOMAS J.KINLAW III VAL TIZENO KENNETH MARKS Texas CITY ATTORNEY KAPRINA FRANK DECEMBER 14,2020 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, December 23, 2020. (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, December 23, 2020 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P21-010 DELIVERY ADDRESS: Please submit one(1) original and one (1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in writing to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.g_ov 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 2of18 INVITATION TO BID WATER TREATMENT CHEMICALS (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State,Zip Code: Date: Page 3 of 18 THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEET—PAGE 7 B. NON-COLLUSION AFFIDAVIT—PAGE 8 (MUST BE NOTARIZED) C. AFFIDAVIT—PAGE 9 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST—(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE 1 AND SIGN AT THE BOTTOM.-PAGE 10 E. CHAPTER 2252 CERTIFICATION—PAGE 12 F. HOUSE BILL 89 VERIFICATION—PAGE 13 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 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 TY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: Water Treatment Chemicals for Utility Operations BID DUE DATE: December 23, 2020 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 $ NO BID 4 LBS PHOSPHATE $ 0.37 Delivery will be made 7 Days after Receipt of Order. Carus LLC . 315 Fifth Street COMPANY NAME STREET ADDRESS • �� , PO Box 599 SIGNATURE OF BIDDER P.O.BOX Barbie Smith Peru, IL 61354 PRINT OR TYPE NAME CITY STATE ZIP Inside Sales Manager 800-435-6856 TITLE AREA CODE TELEPHONE NO bids@carusllc.com 815-224-6697 EMAIL FAX NO. Page 7 of 18 CITY OF PORT ARTHUR,TEXAS NON-COLLUSION AFFIDAVIT CITY OF KIMOORKIWia PERU § STATE OF XSX1CSXX ILLINOIS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Name: Barbie Smith Title: Inside Sales Manager Company: Cams LLC Date: January 4,2021 SUBSCRIBED and sworn to before me by the above named on this the '-f+4 day of JaQuo,(21 , 20.9,1 . (p?/),/4 'iAr]q C OFFICIAL Notary Public in and for the ARABIA IAL SEAL State of Tees /1;k1 o; BERGAGNA NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSIONEXPtRES:1WI612l My commission expires: I01((,4)/ 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: 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. Firm Name Date Authorized Signature Title Name (please print) Telephone Email STATE: COUNTY: SUBSCRIBED AND SWORN to before me by the above named on this the day of , 20 . Notary Public 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.R. 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 173.006, Local Government Code.An offense under this section is a misdemeanor. .1.1 Name of vendor who has a business relationship with local governmental entity. None Jn I I Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated I 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. Name of Officer Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes n No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes 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. 4.1 riCheck this box if the vendor has given the local government officer or afamily member of the officer one'or.more gifts as described in Section 176 003(a)(2)(B), excluding gifts described in Section 176.003(a-1). J Barbie Smith Inside Sales Manager January 4, 2021 Signature of vendor doing business with the governmental entity ate 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 A complete copy of Chapter 176 of the Local Government Code may be found at http://viww.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 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 focal 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 11 of 18 House Bill 89 Verification Barbie Smith (Person name), the undersigned representative (hereafter referred to as "Representative") of Carus LLC _ (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on, behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. SIGNATURE OF REPRESENTATIVE Barbie Smith/Inside Sales Manager SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this `-144' day of UQ qua , 20�i . °irk/4'a /4yr Notary Public OFFICIAL SEAL MARIA L BERGAGNA NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSION EXPIRES:14/1621 Page 12 of 18 SB 252 CHAPTER 2252 CERTIFICATION I, Barbie Smith ,the undersigned an representative of Carus LLC (Company or Business Name) being an adult over the age of eighteen (18) years of age,pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. Barbie Smith/inside Sates Manager Name of Company Representative (Print) Signature of Company Representative January 4, 2021 Date Page 13 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. OFFICEUSE 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. 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. 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 Aand B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? 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? FT 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. flCheck this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(8), excluding gifts described in Section 176.003(a-1). 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.usi DocsiLG/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: An.Yt (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,ora 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 stately us Revised 11/30/2015 Page 11 of 18 House Bill 89 Verification (Person name), the undersigned representative (hereafter referred to as "Representative") of (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 day of , 20 Notary Public Page 12 of 18 SB 252 CHAPTER 2252 CERTIFICATION I, ,the undersigned an representative of (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. Name of Company Representative(Print) Signature of Company Representative 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 1 CARLlS® Carus LLC certifies that CarusTM 8500 water treatment chemical meets the requirements that are set forth on the bid. Barbie Smith, Inside Sales Manager Carus LIC 315 Filth Street Peru,IL 61354 815/223-1500 Telephone 815/224-6655 Fax CARDS® AFFIDAVIT OF COMPLIANCE CARUSTM 8500 water treatment chemical CARUS 8500 water treatment chemical is produced and packaged only by: Carus LLC Headquarter Location 315 Fifth Street Peru, IL 61354 CARUS 8500 water treatment chemical conforms to all applicable AWWA Standards Certified by ANSI/NSF Standard 60: Drinking Water Treatment Chemical-Health Effects Liz Mueller, Product Marketing Manager Carus LLC(f/k/a Carus Corporation) 315 Fifth Street Peru,,I L 6135454 815/223-1500 Telephone 815/224-6655 Fax RESPONSIBLE CARE* CARUS _ y:: _, T...„ I � n..a ,.'4 . • , t —4 tw.,,_-0,. I WATERE -`w�' ': Municipal Drinking Water CARUS "" 8500 WATER TREATMENT CHEMICAL --- --- - — ---- — DATA SHEET , CARUS"8500 water treatment chemical is an effective corrosion HANDLING AND STORAGE inhibitor and sequesterant for use in potable and industrial water CARUS 8500 water treatment chemical should be handled with systems. The product is a liquid concentrate of exceptional care. Wear proper protective equipment including goggles,face purity, clarity, and stability utilizing a broad spectrum of shield, apron, respirator and proper gloves when handling this phosphates for better sequestering and corrosion control. product. BENEFITS OF CARUS 8500 Protect containers from physical damage. Store in a cool,dry area •Inhibits corrosion of steel distribution system water lines,iron in closed containers. In case of accidental release:contain spill by and galvanized piping,and lead and copper plumbing collecting the liquid in a pit or holding behind a dam (sand or soil). Absorb with inert media and dispose of properly. Disposal •Decreases iron tuberculation to extend the life of the of all materials shall be in full and strict compliance with federal, distribution system state,and local regulations.Consult the SOS for additional safety and handling information. •Inhibits lead and copper leaching resulting in lower lead and copper levels in the delivered potable water SHIPPING CARUS 8500 water treatment chemical is generally considered to -Minimizes the occurrence of microbial-influenced corrosion be safe and is not classified as hazardous according the US providing longer life system Department of Transportation, Canada TOG, UN, IMDG, or IATA regulations. •Controls iron and manganese minimizing rusty and dirty water in the system COMPATIBILITY INFORMATION CARUS 8500 water treatment chemical can be stored in •Reduces discoloration,staining,and mineral build-up resulting high-medium density y polyethylene, cross-linked polyethylene, in fewer customer complaints fiberglass reinforced plastic, 316 stainless steel,and glass/epoxy lined steel tanks. Piping materials may include schedule 80 -Diminishes calcium scale deposits typically seen in hot water PVC/CPVCpiping, clear PVC, and white polyethylene tubing. lines and heaters Pump materials may include ceramic,Teflon,viton, hypalon and PVC liquid end pump materials. -Saves money by reducing corrosion and scale;lowering chlorine demand and decreasing hydrant flushing,leaks and Metering equipment can include diaphragm and peristaltic type failures metering pumps and other pumps meeting compatibility requirements. PROPERTIES AND CERTIFICATIONS It is not compatible with black iron,mild steel,galvanized metals, Description: Clear homogenous liquid aluminum, zinc, copper, lead, brass, bronze, tin, and other base Freezing Point: Do not freeze metals. Specific Gravity: 1.35-1.41 pH(1%w:w): 5.2-6.2 NSF Maximum Feed Rate: 18 mg/L GO Karcenrmad NSF/ANSI Standard: 60 Kosher Approved w Pa"O CARUS CORPORATION ONE COMPANY. ENDLESS SOLUTIONS CORPORATE HEADQUARTERS 1315 OM Street,Peru R 61354 I Tel+1.615223.1500(I,000-435-6856 I Fat+L81S224.66971 Web:wwwaruserpmatbtuom I E mai:salesmkt@oruuor tation.rom CARUS EUROPE I Cale total 4,141 Oviedo,Spain 33C09 I Tel+31.985.7853131 Far+34.915.7ES.510 Copyright 2012 rev.10/19 The information contained herein Is accurate to the best of our knowledge.However,data.safety standards and government Form PH 15203 regulations are subject to change,and the conditions of handling.use or misuse of the product are beyond our control Carus Corporation makes no warranty,either erpressed or Implied,Including any warranties of merchantability and finest for a particular purpose.Carus also disdains,all liability for reliance on the completeness or confirming accuracy of arty Information included herein. 4 C Users should satisfy themselves that they are aware of all current data relevant to their particular use(,). tilid Cann and Ueslgn h•repro eyed service mark of Cann CorporarIon.CAMS h a trademark of Cann Corpora tion.Respomlbe Care Is a RESPONSIBLE CARE _A R L!S o registered service mark d the American Chemistryeoundl. w..•.•r.,.w•m,+....rn CARUS Fitt ' �c • W A T E RVI Municipal Drinking Water ____ CARUS'"` 8500 WATER TREATMENT CHEMICAL __ _ - _ _ DATA SHEET] SHIPPING CONTAINERS SHIPPING CONTAINERS 5 gallon(58 Ib)Jerrican 275 gallon(3163 Ib)IBC(Intermediate Bulk Container) Made of high density polyethylene(HDPE). Weighs 3.31 lbs.(1.S kg). The IBC has a 2 inch(5.08 cm)butterfly valve with NPT threads in bottom The net weight is 58 lbs.(26.3 kg). sump. Weighs 123.2 lbs.(55.9 kg). The net weight is 3163 lbs.(1435 kg). Bulk quantities up to 3500 gallons are available. 15 gallon(173 Ib)Drum Made of high density polyethylene(HOPE). Weighs 6 lbs.(2.72 kg). Other containers may be available,contact Carus Corporation at The net weight is 173 lbs.(78,5 kg). 800-435-6856 for details. 30 gallon(345 Ib)Drum Made of high density polyethylene(HOPE). Weighs 12.2 lbs.(5.5 kg). The net weight is 345 lbs.(156.5 kg). 55 gallon(633 Ib)Drum Made of high density polyethylene(HOPE). Weighs 20.5 lbs.(9.21 kg). The net weight is 633 lbs.(287.1 kg). CARUS VALUE ADDED LABORATORY SUPPORT Carus Corporation has technical assistance available to answer questions,evaluate treatment alternatives,and perform laboratory testing. Our laboratory capabilities include:consulting,treatability studies,feasibility studies,and analytical services. FIELD SERVICES As an integral part of our technical support,Carus provides extensive on-site treatment assistance. We offer full application services, including technical expertise,supervision,testing,and feed equipment design and installation in order to accomplish a successful evaluation and/or application. CARUS CORPORATION During its more than 100-year history,Carus'ongoing emphasis on research and development,technical support,and customer service has enabled the company to become the world leader in permanganate,manganese,oxidation,and base-metal catalyst technologies. CARUS CORPORATION ONE COMPANY, ENDLESS SOLUTIONS CORPORATE HtADgUARTERS l 315 Fifth Street,Pent 11.613S4 I Tel+1115.223.1500(1.800.435-6856 I Fax+1,1115.214.6597 I Web:w w.apscorporation.com I E-riat:salesinbttaaruscnrpoatjon.com CARUS EUROPE I Car Rosal4,1-8 I Oykdo,Spain 33009 I Td+34.985.785513/Fax+34985.735.510 Copyright 2012 rev.10/19 The information rpotained herein k accurate to the best of our knowledge.flowerer.data,safety standards and government ma regulations are subject to change;and the conditions of handing,use or misuse of the product are beyond our control Carus Form PH 15203 Corporation makes no warranty,either expressed or implied.Including any warranties of merchantability and fitness for a particular purpose.Carus also disdairm Al liability for reliance on the completeness or confirming accuracy of any Information included herein. 41�' Users should satisfy themselves that they are aware of ali current data relevant to their particular usels). e Carus and Design 5.,eghtered service mart of Cam Corporation C+RUS—haerademark dCarus Corporation.Responsible Card ka RFSrON51 BLE G1RF• r -en e__f S or registned sewke mark or the American Chemistry Council. •SAFETY DATA SHEET 1. Identification Product identifier CARUST" 8500 Water Treatment Chemical Other means of identification SDS number - Recommended use CARUS.'" 8500 water treatment chemical is an effective corrosion inhibitor and sequesterant for use in potable and industrial water systems. Recommended restrictions None known. Manufacturer/Importer/Supplier/Distributor information Company name CARUS CORPORATION Address 315 Fifth Street, Peru,IL 61354,USA Telephone 815 223-1500-All other non-emergency inquiries about the product should be directed to the company E-mail salesmkt@caruscorporation.com Website www.caruscorporation.com Contact person Dr.Chithambarathanu Pillai Emergency Telephone For Hazardous Materials[or Dangerous Goods] Incidents ONLY (spill,leak,fire,exposure or accident),call CHEMTREC at CHEMTREC®,USA:001 (800)424-9300 CHEMTREC®,Mexico(Toll-Free-must be dialed from within country): 01-800-681-9531 CHEMTREC®,Other countries:001 (703)527-3887 2. Hazard(s) identification Physical hazards Not classified. Health hazards Not classified. OSHA defined hazards Not classified. Label elements Hazard symbol None. Signal word None. Hazard statement The mixture does not meet the criteria for classification. Precautionary statement Prevention Observe good industrial hygiene practices. Response Wash hands after handling. Storage Store away from incompatible materials. Disposal Dispose of waste and residues in accordance with local authority requirements. Hazard(s)not otherwise Not classified. classified(HNOC) 3. Composition/information on ingredients Mixtures Composition comments The components are not hazardous or are below required disclosure limits. 4. First-aid measures Inhalation Move to fresh air.Call a physician if symptoms develop or persist. Skin contact Wash off with soap and water.Get medical attention if irritation develops and persists. Eye contact Rinse with water.Get medical attention if irritation develops and persists. Ingestion Rinse mouth.Get medical attention if symptoms occur. CARUST"8500 Water Treatment Chemical SDS US 919167 Version#:01 Revision date:- Issue date:24-July-2014 1 /6 Most important Direct tact with eyes may cause temporary irritation. symptoms/effects,acute and delayed Indication of immediate Treat symptomatically. medical attention and special treatment needed 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 Selection of respiratory protection for firefighting:follow the general fire precautions indicated in the workplace. Fire-fighting Move containers from fire area if you can do so without risk. equipment/instructions 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 in original containers for re-use. For waste disposal, see section 13 of the SDS. Environmental precautions Prevent further leakage or spillage if safe to do so. 7. Handling and storage Precautions for safe handling Avoid inhalation and contact with skin and eyes.Wear appropriate personal protective equipment (See Section 8).Observe good industrial hygiene practices. Conditions for safe storage, Store in original tightly closed container.Store away from incompatible materials. including any incompatibilities 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 General ventilation normally adequate. controls Individual protection measures,such as personal protective equipment Eye/face protection If contact is likely,safety glasses with side shields are recommended. Skin protection Hand protection For prolonged or repeated skin contact use suitable protective gloves. Other Wear suitable protective clothing. Respiratory protection In case of inadequate ventilation or risk of inhalation of vapors,use 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 Colorless solution. Physical state Liquid. CARUSTM 8500 Water Treatment Chemical SDS US 919167 Version#:01 Revision date:- Issue date:24-July-2014 2/6 Form Liquid. Color Colorless. Odor None. Odor threshold Not available. pH 5.7±0.5 Melting point/freezing point Not available. Initial boiling point and boiling Not available. range Flash point Not available. Evaporation rate Not available. Flammability(solid,gas) Not available. Upper/lower flammability or explosive limits Flammability limit-lower Not available. (%) Flammability limit-upper Not available. (%) Explosive limit-lower(%) Not available. Explosive limit-upper(%) Not available. Vapor pressure Not available. Vapor density Not available. Relative density 1.38±0.03 at 25*C Solubility(ies) Solubility(water) Completely soluble. Partition coefficient Not available. (n-octanol/water) Auto-ignition temperature Not available. Decomposition temperature Not available. Viscosity Not available. 10. Stability and reactivity Reactivity The product is stable and non-reactive under normal conditions of use,storage and transport. Chemical stability Material is stable under normal conditions. Possibility of hazardous Hazardous polymerization will not occur. reactions Conditions to avoid Contact with incompatible materials. Incompatible materials Strong oxidizing agents.Strong acids.Strong bases. Hazardous decomposition No hazardous decomposition products are known. products 11. Toxicological information Information on likely routes of exposure Ingestion May cause discomfort if swallowed. Inhalation In high concentrations,vapors may be irritating to the respiratory system. Skin contact Prolonged or repeated skin contact may cause irritation. Eye contact May cause eye irritation on direct contact. Symptoms related to the Direct contact with eyes may cause temporary irritation. physical,chemical and toxicological characteristics Information on toxicological effects Acute toxicity May cause discomfort if swallowed. Skin corrosion/irritation Prolonged contact may cause dryness of the skin. Serious eye damage/eye Direct contact with eyes may cause temporary irritation. irritation CARUS'8500 Water Treatment Chemical SDS US 919167 Version#:01 Revision date:- Issue date:24-July-2014 3/6 Respiratory or skin sensitization Respiratory sensitization No data available. Skin sensitization Not a skin sensitizer. 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. OSHA Specifically Regulated Substances(29 CFR 1910.1001-1050) Not listed. Reproductive toxicity No data available. Specific target organ toxicity- No data available. single exposure Specific target organ toxicity- No data available. repeated exposure Aspiration hazard Not classified. 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 The product is not expected to be readily biodegradable. Bioaccumulative potential No data available for this product. Mobility in soil Not 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!unused Dispose of in accordance with local regulations. products Contaminated packaging Empty containers should be taken to an approved waste handling site for recycling or disposal. 14. Transport information DOT Not regulated as dangerous goods. IATA Not regulated as dangerous goods. IMDG Not regulated as dangerous goods. Transport in bulk according to This substance/mixture is not intended to be transported in bulk. Annex II of MARPOL 73/78 and the IBC Code 15. Regulatory information US federal regulations This product is not known to be a"Hazardous Chemical"as defined by the OSHA Hazard Communication Standard,29 CFR 1910.1200. TSCA Section 12(b)Export Notification(40 CFR 707,Subpt.D) Not regulated. OSHA Specifically Regulated Substances(29 CFR 1910.1001-1050) Not listed. CERCLA Hazardous Substance List(40 CFR 302.4) Not listed. CARUSTM'8500 Water Treatment Chemical SDS US 919167 Version#:01 Revision date:- Issue date:24-July-2014 4/6 Superfund Amendments and Reauthori. Jn 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 3111312 Hazardous No chemical SARA 313(TRI reporting) Not regulated. Other federal regulations Clean Air Act(CAA)Section 112 Hazardous Air Pollutants(HAPs)List Not regulated. Clean Air Act(CAA)Section 112(r)Accidental Release Prevention(40 CFR 68.130) Not regulated. Safe Drinking Water Act Not regulated. (SDWA) US state regulations US.Massachusetts RTK-Substance List Not regulated. US. New Jersey Worker and Community Right-to-Know Act Not listed. US. Pennsylvania Worker and Community Right-to-Know Law Not listed. US.Rhode Island RTK Not regulated. US.California Proposition 65 California Safe Drinking Water and Toxic Enforcement Act of 1986(Proposition 65):This material is not known to contain any chemicals currently listed as carcinogens or reproductive toxins. US-California Proposition 65-Carcinogens&Reproductive Toxicity(CRT): Listed substance Not listed. International Inventories Country(s)or region Inventory name On inventory(yes/no)" Australia Australian Inventory of Chemical Substances(AICS) Yes Canada Domestic Substances List(DSL) Yes Canada Non-Domestic Substances List(NDSL) No China Inventory of Existing Chemical Substances in China(IECSC) Yes Europe European Inventory of Existing Commercial Chemical Yes Substances(EINECS) Europe European List of Notified Chemical Substances(ELINCS) No Japan Inventory of Existing and New Chemical Substances(ENCS) Yes Korea Existing Chemicals List(ECL) Yes New Zealand New Zealand Inventory Yes Philippines Philippine Inventory of Chemicals and Chemical Substances Yes (PICCS) United States&Puerto Rico Toxic Substances Control Act(TSCA)Inventory Yes *A"Yes"indicates this product complies 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 24-July-2014 Revision date - Version# 01 CARUSTM 8500 Water Treatment Chemical SDS US 919167 Version#:01 Revision date:- Issue date:24-July-2014 5/6 HMIS®ratings Healti Flammability:0 Physical hazard:0 NFPA ratings • 0 `O References HSDB®- Hazardous Substances Data Bank Disclaimer The information contained herein is accurate to the best of our knowledge. However,data,safety standards and government regulations are subject to change and,therefore,holders and users should satisfy themselves that they are aware of all current data and regulations relevant to their particular use of product.CARUS CORPORATION DISCLAIMS ALL LIABILITY FOR RELIANCE ON THE COMPLETENESS OR ACCURACY OR THE INFORMATION INCLUDED HEREIN. CARUS CORPORATION MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING,BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTIABILITY OR FITNESS FOR PARTICULAR USE OR PURPOSE OF THE PRODUCT DESCRIBED HEREIN.All conditions relating to storage,handling,and use of the product are beyond the control of Cams Corporation, and shall be the sole responsibility of the holder or user of the product. CARUST"8500 Water Treatment Chemical SDS US 919167 Version#:01 Revision date:- Issue date:24-July-2014 6/6 Listing Category Search Page 1 NSF Internation http://info.nsf.ort iified/PwsChemicals/Listings.asp?Compan... NSF The Public Health and Safety Organization NSF Product and Service Listings These NSF Official Listings are current as of Wednesday,December 16,2020 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:/Jinfo.ns£org/Certifies/PwsChemicals /Listings.asp?CompanyName=ca rus&TradeName=8500& NSF/ANSI/CAN 6o Drinking Water Treatment Chemicals - Health Effects Carus Corporation 315 Fifth Street P.O.Box 599 Peru,IL 61354-0599 United States 800-435-6856 815-223-1500 Facility: # i La Salle, IL Blended Phosphates Trade Designation Product Function Max Use CARUSTM 8500 Corrosion&Scale Control 18mg/L Sequestering [PO] The finished drinking water shall be monitored to ensure that levels of manganese do not exceed 0.05 mg/L. Facility: # 2 USA • Blended Phosphates Trade Designation Product Function Max Use 1 of 2 12/16/2020,4:36 PM Listing Category Search Page I NSF Internation http://info.ns£oii iified/PwsChemicals/Listings.asp?Compan... CARUSTM 8500 Corrosion&Scale Control i8mg/L Sequestering Facility: #3 USA Blended Phosphates Trade Designation Product Function Max Use CARUSTM 8500 Corrosion&Scale Control i8mg/L Facility: #4 USA Blended Phosphates Trade Designation Product Function Max Use CARUSTM 8500 Corrosion&Scale Control i8mg/L [AL] Based on an evaluation of health effects data, the level of aluminum in the finished drinking water shall not exceed 2 mg/L. Facility: # 6 USA Blended Phosphates Trade Designation Product Function Max Use CARUSTM 8500 Corrosion&Scale Control i8mg/L Number of matching Manufacturers is t i Number of matching Products is 5 Processing time was o seconds 2 of 2 12/16/2020,4:36 PM, Exhibit "C" ConnectingChemistry BRENNTAG February 2, 2021 City of Port Arthur Clifton Williams, Purchasing Manager 444 4th Street, 2nd Floor Port Arthur, Texas 77640 Re: Water Treatment Chemicals — P21-010 Dear Mr. Williams, Due to a clerical error Brenntag Southwest is respectfully requesting to withdraw our bids for Item #1 Liquid Chlorine (Ton Cyl) and Item #2 Liquid Chlorine (150 lb Cyl) on the City of Port Arthur's bid for Water Treatment Chemicals - P21-010 that opened on January 6, 2021. Thank you for your attention to this matter and please do not hesitate to contact me should you have any questions. Sincerely, Brenntag Southwest, Inc. * -5)(Ak_fu kt.)Lt.k_ Gayle Tullier Senior Contract Administrator Brenntag Southwest,Inc Phone (225)802-1389 Fax (713)450-4699 E-Mail nuliierAbrenntag,;om i U o H = .. co e3 ;o w: O 6 n' • Nf07 W yer 6.1 t.. U ,� �ZZ ›. N g os fA U N a Li a CQa CCI CCIM y1... ullZ � � a U o c U b b p a U gCO CGMc- NM m U 4. 0 °a„ a x = N E z solgooco . � . w. Ti Cull0Z � � L. • O• so u 0. o s o e EE- os a o0 g oo "DUo d Q0E5 L.4. 00 S F. •.- 3 ++ co p N O .� L 01) C- Oa M Gq N v� G CO F. n ,. el s. .= in ZZ ' Z �" aoicsi x C ,4o. Q 5:"...1 174 >. •0 0 a Ca U U o0 ti a H or U � o o � y.0Z aE EA x A -;',U Q U -o c 0.4:1 ,....,0 til ¢ U § 0 0 .0 a d O 2 .y Ea. OOw �'fl .Z . O -a p O O 'a .a Z•a. 4. 'y C O U O .al N T Q' U ..,--.7' j\ O O0:10Oa1 U n O N Oe.,. O› "' U �_ c E — NM � 3. � Iii c) 0 "" a 0 Exhibit "D" PURCHASING CONTRACT AGREEMENT THIS AGREEMENT is made this the of , 2021, by and between an individual, firm partnership or corporation, DXI Industries, Inc., of Houston, Texas, hereinafter called "Vendor", and the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called the "Owner" or "City". WITNESSETH: That for and in consideration of the payments, terms, conditions and agreements set forth herein, Owner and Vendor agree as follows: 1. The term of this Contract shall be for one (1) year, with an option to renew for one (1) additional year, from the date stated on the Notice to Proceed unless sooner terminated under the provision hereof. The City can terminate this contract at its convenience which includes, but not limited to, funding not being available in any budget cycle, with thirty (30) days written notice. 2. The Vendor will provide Liquid Chlorine in 1-ton cylinders as delineated and submitted in their bid on January 6, 2021. 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 $730.00/ton = $237,250.00) 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. 21797 2/9/21 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 , 2021. WITNESS: CONTRACTOR: DXI Industries, Inc. SIGNED AND AGREED to on the day of , 2021. WITNESS: CITY OF PORT ARTHUR: City Secretary City Manager • • THURMAN SILL BARITE,MAYOR J RON BURTON CHARLOTTE MOSES,MAYOR PRO TEM City•of ''"'` CITY MANAGER COUNCIL MEMBERS: 1//lit li SHERRI BELLARD,TRMC RAYMOND SCOTT,JR /"' CITY SECRETARY CAL J.JONES o r t r t h u r THOMAS J.KINLAW HI TexasVAL TREND KENNETH MARKS CITY ATTORNEY KAPRINA FRANK O DECEMBER 14,2020 0 o,14 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, December 23, 2020. (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, December 23, 2020 in the City Council Chambers, City Hall, 5th Floor, Port Arthur,TX. You are invited to attend. MARK ENVELOPE: P21-010 DELIVERY ADDRESS: Please submit one(I)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 writini to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1 089 Port Arthur,TX 77641 clifton.williams@portarthurtx.gov Purchasing Division/Finance Department 1 Purchasing Manager.Clifton Williams.CPPB P.D.Box 10891444 4th Street 4 Port Arthur,Texas 776411 409.983.8160 d Fax 409983,8291 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 WATER TREATMENT CHEMICALS (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pad 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 7 B. NON-COLLUSION AFFIDAVIT- PAGE 8 (MUST BE NOTARIZED) C. AFFIDAVIT- PAGE 9 (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 10 E. CHAPTER 2252 CERTIFICATION - PAGE 12 F. HOUSE BILL 89 VERIFICATION - PAGE 13 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 1 101 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 :k cid - 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 app Ii cable 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: December 23, 2020 ITEM # UO11 DESCRIPTION UNIT COST 1 TONS LIQUID CHLORINE (TON CYL.) $ 730.00 2 LBS LIQUID CHLORINE (150LB CYL.) $ 114.75 3 LBS HYDROFLUOSILICIC ACID $ No Bid 4 LBS PHOSPHATE $ No Bid Delivery will be made 3 Days after Receipt of Order. DXI Industries, Inc. 1919 Jacintoport, Blvd. COMPANY NAME STREET ADDRESS tr-dc-- I P.O. Boc 24600 NATURE OF :IDDER P.O. BOX Joseph E. Johnston Houston, TX 77229 PRINT OR TYPE NAME CITY STATE ZIP Territory Manager ( 281 )457-4828 TITLE AREA CODE TELEPHONE NO jjohnston@dxgroup.com (281)457-4807 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: . =�— Printed Name: R. C. Karm Title: President Company: DXI Industries, Inc. Date. 12/17/2020 SUBSCRIBED and sworn to before me by the above named R C Karm on this the 17th day of December , 20 20 . ,,��///� �- /J4/a co Notary Public in and for the State of Texas My commission expires: 02/06/2023 `146, , BEVERLEY S BATES INotary PuC.state of Texas .91 Comm Expires 02-06-2023 sy~,;is Notary 10 12448180-0 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: 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. 12/17/2020 Firm Name Date President Authorized Signature Title DXI Industries, Inc. 713-863-1947 Name (please print) Telephone rkarm@dxgroup.com Email STATE: Texas COUNTY: Harris SUBSCRIBED AND SWORN to before me by the above named R. C. Karin on this the 17th day of December 10 20 /S44642. 4. Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL • �":"'',, BEVERLEY S BATES >• T(.y Not NuDUC.State of Texes �. :._ ,JS•. �; Comm Expires 02.06-2023 1 „:;:•`'� Notary ID 12448180-0 Page 9of18 -- _ 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 Recervc_+d has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1). Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006. Local Government Code.An offense under this section is a misdemeanor LI Name of vendor who has a business relationship with local governmental entity. J Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. Name ThIcer oer 1.1 Describe each employment or other business relationship with the local government officer. or a family member of the officer.as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income other than investment income. from the vendor? Yes 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? n Yes XX No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director. or holds an ownership interest of one percent or more. Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B). excluding gifts described in Section 176 003(a-1). ii R C.Karin,President i „'( - DXI Industries,Inc. t 12/17/2020 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://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(1-4"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 arid 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 appropnate 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 1 t:30r2015 Page 11 of 18 House Bill 89 Verification I, R. C. Karm (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 17th day of December , 20 20 BEVERLEY S. BATES Notary Puolic.State of Taxes %: Comm Expose 02-06-2023 1.y „: 414626 Notary ID 1244$1/0-0 Notary Public Page 12 of 18 SB 252 CHAPTER 2252 CERTIFICATION 1, R. C. Karm ,the undersigned an representative of DXI Industries. 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. R. C. Karm. President, DXI Industries, Inc. Name of Company Representative(Print) Signature of Company Representative 12/17/2020 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;tilinginfo%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 601 f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SAL ES 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 * - -CITY OF PORT ARTHUR,TEXAS ort rtke ADDENDUM NO. ONE (1) TMs December 16,2020 BID FOR: ""iter Tt ratment Chemicals The following clarifications,amendments,deletions,additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00p.m., Central Standard Time, Wednesday, January 6, 2021. (The clock located in the City Secretary's office will be the official time.) All proposals received will be read aloud at 3:15p.m. on Wednesday, January 6, 2021 in the City Council Chambers,City Hall,5th Floor,Port Arthur,TX. Proposals will be opened in a manner to avoid public disclosure of contents;however,only the names of proposers will be read aloud. If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. C IL !.ldie;aMt f, Clift6n Williams,CPPB Purchasing Manager / - 4/ January 4, 2021 00, : j of Pro• - Date DXI Industries, Inc. Company Vendor Name ChiC/Cit Safety Data Sheet 1. CHEMICAL PRODUCT AND COMPANY IDENTIFICATION Product identifier: CHLORINE, LIQUID Synonyms: Chlorine, Chlorine—liquefied gas,Chlorine gas,Chlorine(Liquid or Gas) Intended use: Water chlorination,water treatment chemicals,chemical synthesis. This material is a registered pesticide. Uses Advised Against: None identified. This is a pesticide product,do not use in a pesticide application that is not included on the label. Company Identification: DPC Industries, Inc. DPC Enterprises, LP DXI Industries, Inc. DX Terminals PO Box 24600 Houston ,TX 77229-4600 Emergency: CHEMTREC (USA) (800)424-9300 24 hour Emergency Telephone No. (281)457-4888 www.dxgroup.com 2. Hazard identification of the product Physical hazards Gases under pressure Liquefied gas Oxidizing gases Category 1 Health hazards Acute toxicity, inhalation Category 2 Skin corrosion/irritation Category 1 Serious eye damage/eye irritation Category 1 Specific target organ toxicity,single exposure Category 3 Specific target organ toxicity,repeated Category 1(Lung)exposure Environmental hazards Very hazardous to the aquatic environment, Category 1 acute hazard Label elements Using the Toxicity Data listed in section 11 and 12 the product is labeled as follows: Signal Word Danger Hazard Statements May cause or intensify fire;oxidizer. Contains gas under pressure;may explode if heated. Fatal if inhaled. Causes skin irritation. Causes serious eye irritation. May cause respiratory irritation. Very toxic to aquatic life with long lasting effects. Harmful in contact with skin. Causes severe skin burns and eye damage. Causes serious eye damage. Very toxic to aquatic life. Toxic to aquatic life with long lasting effects. May be corrosive to metals Precautionary Statements Prevention Keep/Store away from combustible materials. Keep reduction valves free from grease and oil. Do not breathe mist/vapors/spray.Wash thoroughly after handling. Use only outdoors or in a well-ventilated area.Avoid release to the environment. Wear protective gloves/eye protection/face protection.Wear respiratory protection. Response IF ON SKIN:Wash with plenty of soap and water. Take off contaminated clothing and wash before reuse. IF INHALED:Remove victim to fresh air and keep at rest in a position comfortable for breathing. Call a POISON CENTER or doctor/physician if you feel unwell. IF IN EYES: Rinse continuously with water for several minutes.Remove contact lenses if present and easy to do-continue rinsing. Immediately call a POISON CENTER or doctor/physician. If eye irritation persists:Get medical advice/ attention. IN CASE OF FIRE:Stop leak if safe to do so. Storage Store in a well-ventilated place.Keep container tightly closed. Store locked up. Disposal Dispose of contents/container in accordance with local/national regulations. Chlorine Page 1 of 6 SDS Revision Date:5/1/2015 Safety Data Sheet 3. Composition/information on ingredients Synonyms: Chlorine, Chlorine—liquefied gas,Chlorine gas, Chlorine(Liquid or Gas) Substance classified with a health or environmental hazard.Substance with a workplace exposure limit. Ingredient CAS Number Percent(%) Chlorine 7782-50-5 99.5-100 4. First Aid Measures General Ensure that medical personnel are aware of the material(s)involved and take precautions to protect themselves. Inhalation Move victim to fresh air.Apply artificial respiration if victim is not breathing.Do not use mouth-to- mouth method if victim ingested or inhaled the substance;induce artificial respiration with the aid of a pocket mask equipped with a one-way valve or other proper respiratory medical device.Administer oxygen if breathing is difficult. GET IMMEDIATE MEDICAL ATTENTION Eyes Flush immediately with clean fresh water for at least 10 minutes,holding the eyelids apart. Remove contact lenses, if present, and safe to do so. Continue rinsing. GET IMMEDIATE MEDICAL ATTENTION. Skin In case of contact with substance, immediately flush skin with running water for at least 20 minutes. Exposure to liquid may cause frostbite burns. Remove contaminated clothing,jewelry and shoes. Wash skin with soap and water. Thoroughly clean and dry contaminated clothing and shoes before reuse. GET IMMEDIATE MEDICAL ATTENTION Ingestion If accidentally swallowed obtain IMMEDIATE MEDICAL ATTENTION. Keep at rest. Do NOT induce vomiting. Ingestion not considered a likely route of exposure. Most important symptoms and effects, both acute and delayed Overview Contact with this material will cause burns to the skin,eyes and mucous membranes. Unconsciousness. Cough, shortness of breath,headache, nausea,vomiting. May cause lung damage. Indication of For liquid contact,treat the affected person for frostbite if necessary. If the product is ingested, immediate probable mucosal damage may contraindicate the use of gastric lavage. Treat the affected person medical attention appropriately. Provide general supportive measures and treat symptomatically. Symptoms may be and special delayed. treatment needed 5. Fire-fighting measures Recommended Use fire-extinguishing media appropriate for surrounding materials. Extinguishing media Unsuitable Direct water spray. Direct water spray jet. extinguishing media Special hazards May cause fire or explosion;strong oxidizer. Contents under pressure. Pressurized container may arising from the explode when exposed to heat or flame.Contact with reactive metals e.g., aluminum,zinc and tin substance or may result in the generation of flammable hydrogen gas.Water used for fire extinguishing,which has mixture been in contact with the product, may be corrosive.Water spray on active leak may promote accelerated corrosion of container and accelerate rate of leakage. Advice for fire- Wear full protective clothing, including helmet,self-contained positive pressure or pressure fighters demand breathing apparatus,protective clothing and face mask.Additional protective clothing must be worn to prevent personal contact with this material.Those items include but are not limited to: boots gloves, hard hat,splash-proof goggles,full face shield and impervious clothing, i.e.chemically impermeable suit. Compatible materials for response to this material are neoprene and butyl rubber. In case of fire and/or explosion do not breathe fumes. Remove pressurized gas cylinders from the immediate vicinity. Cylinders can burst violently when heated,due to excess pressure build-up. Cool containers/tanks with water spray. Evacuate area and fight fire remotely due to the risk of explosion. ERG Guide No. 124 Chlorine Page 2 of 6 SDS Revision Date: 5/1/2015 Safety Data Sheet 6. Accidental Release Measures Personal Immediately evacuate personnel to safe areas. Many gases are heavier than air and will spread along precautions, ground and collect in low or confined areas(sewers, basements,tanks). Keep people away from and protective upwind of spill/leak. Keep out of low areas. Keep unnecessary personnel away.Ventilate closed equipment and spaces before entering them.Wear appropriate protective equipment and clothing during clean-up. emergency Local authorities should be advised if significant spillages cannot be contained. For response to procedures Chlorine gas it is recommended to use as a minimum level"B"protection that is compatible to Chlorine. For Liquid spills it is recommended to utilize as a minimum enhanced level "B"(Enhanced Level"B"is the addition of a splash hood). Do not touch damaged containers or spilled material unless wearing appropriate protective clothing. Responders can reference Chlorine Institute pamphlet #65 on PPE. Environmental Avoid discharge into drains,water courses or onto the ground.Contact local authorities in case of precautions spillage to drain/aquatic environment. Methods and Extinguish all flames in the vicinity. Keep combustibles(wood, paper,oil,etc.)away from spilled material for material.Ventilate well,stop flow of gas or liquid if possible. If possible,turn leaking containers so that containment and gas escapes rather than liquid. Dike far ahead of spill for later disposal. Isolate area until gas has cleaning up dispersed. Neutralize spilled material with crushed limestone,soda ash or lime. Collect spillage. 7. Handling and storage Avoid heat, sparks,open flames and other ignition sources. Keep away from clothing and other Precautions for combustible materials. Use only chlorine-compatible lubricants. Do not use greases and oils. Do safe handling not breathe gas. Do not get in eyes,on skin,on clothing. Use in a sealed system and/or a well-ventilated area.Wear appropriate personal protective equipment. Observe good industrial _hygiene practices.Avoid release to the environment. Conditions for Contents under pressure. Keep away from heat,sparks and open flame.Secure cylinders in an safe storage, upright position at all times,close all valves when not in use. Store in a well-ventilated place.Store including any away from incompatible materials. incompatibilities Store at temperatures not exceeding 131 °F(55°C)For the above specified temperature the system pressure is 225 psig. 8. Exposure controls and personal protection Exposure Control Parameters CAS No. Material Source Type Value 7782-50-5 Chlorine OSHA Table Z-1 Limits Ceiling 3 mg/m3 US ACGIH Threshold limit values STEL 1 ppm US ACGIH Threshold limit values TWA 0.5 ppm Engineering Should be handled in closed systems, if possible.Where reasonably practicable this should be Controls achieved by the use of local exhaust ventilation and good general extraction. If these are not sufficient to maintain concentrations of particulates and any vapor below occupational exposure limits suitable respiratory protection must be worn. Observe Occupational Exposure Limits and minimize the risk of inhalation. Eye wash facilities and emergency shower must be available when handling this product. Individual protection measures,such as personal protective equipment Respiratory Use NIOSH/MSHA approved respirator,following manufacturer's recommendations when concentrations exceed permissible exposure limits. Eyes Wear face shield with safety glasses with side shields and/or safety goggles. Skirt Chemical resistant clothing such as coveralls/apron boots should be worn. Chemical Impervious gloves. Other Work Use good personal hygiene practices.Wash hands before eating,drinking,smoking or using toilet. Practices Promptly remove soiled clothing and wash thoroughly before reuse. Chlorine Page 3 of 6 SDS Revision Date: 5/1/2015 Safety Data Sheet 9. Physical and chemical properties Appearance: Amber Color Liquid.Greenish-Yellow Gas _ Odor: Pungent Irritating Odor Odor threshold: .31 ppm air 1.7 pH: Not Applicable Melting point/freezing point: -150°F (-101 °C) Initial boiling point and boiling range: -29.3°F (-34°C) Flash Point: Not Applicable Evaporation rate(Ether=1): Not Available Flammability(solid,gas): Not Applicable Upper/lower flammability or explosive limits: Lower Explosive Limit:Not Applicable Upper Explosive Limit: Not Applicable Vapor pressure(mmHg): 4800 mmHg(@25 'C) Vapor Density: 2.49 Specific Gravity: 1.4 Solubility in Water: Negligible Partition coefficient n-octanol/water(Log Kow): Not Measured Auto-ignition temperature(°C): Not Measured Decomposition temperature: Not Measured Viscosity(cSt): Not Measured VOC %: Not Measured Other information: No other relevant information. 10. Stability and reactivity Reactivity: Oxidizer. Chemical stability: Stable under normal circumstances. Possibility of hazardous Dry material is highly reactive with titanium and tin. Reacts with most metals at high reactions: temperatures or in the presence of moisture. Avoid contact with water. Reacts with water to form corrosive acidic solution(hydrochloric acid)May react explosively with organic matter. Conditions to avoid: No data available Incompatible materials: Avoid contact with reducing agents,organics and alkalis. Keep away from materials such as acetylene,turpentine&other hydrocarbons, ammonia, hydrogen,ether,metals, sulfur, &aluminum. Hazardous decomposition Hydrogen chloride and hypochlorous acid. products: 11. Toxicological information Acute toxicity Ingredient Results Species Dose Exposure Chlorine-(7782-50-5) LC50 Inhalation Gas. Rat 147 ppm 4 hours LC50 Inhalation Rat 293 ppm 1 hour Item Hazard Acute Toxicity: 0.2-0.4 ppm odor detection(some tolerance develops) 1 -3 ppm mild mucous membrane irritation(can be tolerated- 1 hour) 5- 15 ppm moderate irritation of upper respiratory tract 30 ppm immediate chest pain,vomiting,dyspnea,cough 40-60 ppm toxic pneumonitis and pulmonary edema 430 ppm lethal over 30 minutes 1000 ppm fatal within a few minutes It's action in the respiratory tract is due to its strong oxidizing capability: it forms both hypochlorous acid and hypochloric acid on contact with moist mucous membranes. Symptoms of pulmonary congestion and edema may develop after a latency period of several hours following severe acute exposure to chlorine. Chlorine Page 4 of 6 SDS Revision Date:5/1/2015 Safety Data Sheet 11. Toxicological information Acute toxicity(Cont.) POTENTIAL HEALTH EFFECTS: Information on likely routes of exposure Eye contact: Causes serious eye damage. Liquid exposure may cause frostbite. Skin contact: Causes skin burns.Liquid exposure may cause frostbite. Inhalation: May cause irritation(possibly severe),chemical burns,and pulmonary edema. Significant exposures may be fatal. Ingestion: Causes digestive tract burns. Signs and symptoms of Contact with this material will cause burns to the skin,eyes and mucous membranes. exposure: Cough,shortness of breath,headache,nausea,vomiting. May cause lung damage. Unconsciousness. Information on toxicological effects Acute toxicity: Fatal if inhaled. Irritation Threshold:approximately 0.5 ppm Immediately Dangerous to Life or Health: 10.0 ppm. Carcinogenicity: Not considered to be a carcinogen by IARC,ACGIH, NTP or OSHA. Reproductive Toxicity: No data available. Specific target organ systemic Not available. toxicity(single exposure): Specific target organ systemic Causes damage to organs(lungs)through prolonged or repeated exposure. Toxicity(repeated exposure): Aspiration hazard: Due to the physical form of the product it is not an aspiration hazard. 12. Ecological information Toxicity Very toxic to aquatic life. Toxic to aquatic life with long lasting effects. Aquatic Ecotoxicity Ingredient 96 hr LC50 fish, mg/I 48 hr EC50 crustacea, mg/I ErC50 algae, mg/I Chlorine-(7782-50-5) 14.00, 0.11, Daphnia pulex 0.76(96 hr),Algae Oncorhynchus mykiss Persistence and This material is an element and not subject to biodegradation. degradability: Bioaccumulative potential: Will not bioaccumulate. Mobility in soil: No data available. Results of PBT and vPvB This product contains no PBT/vPvB chemicals. assessment: Other adverse effects: No other effects are expected. 13. Disposal considerations Waste treatment methods: Do not allow into drains or water courses.Wastes and emptied containers should be disposed of in accordance with regulations made under the Control of Pollution Act and the Environmental Protection Act. Using information provided in this data sheet,advice should be obtained from the Waste Regulation Authority,whether the special waste regulations apply. Waste from material: Use or process if possible.Chlorine may be absorbed into an alkaline solution such as caustic soda,soda ash or hydrated lime. Dispose in accordance with all applicable regulations. Container Management: Return empty chlorine cylinders,tankcars and cargo tanks containing residual gas and/or liquid to supplier in compliance with applicable DOT regulations. See product label for container disposal information. Chlorine Page 5 of 6 SDS Revision Date: 5/1/2015 Safety Data Sheet 14. Transport information UN number: UN1017 UN proper shipping name: Chlorine Transport hazard class(es) DOT(Domestic Surface Transportation) DOT Proper Shipping Chlorine Name: DOT Hazard Class 2.3,(5.1,8) DOT Label: 2.3,5.1,8 UN I NA Number: UN1017 DOT Packing Group: Not Applicable CERCLAIDOT RQ: 10 lbs. Environmental hazards: IMDG Marine Pollutant:Yes(Chlorine) Special precautions for Not Applicable user: 15. Regulatory information Regulatory Overview: The regulatory data in Section 15 is not intended to be all-inclusive,only selected regulations are represented. All ingredients of this product are listed on the TSCA (Toxic Substance Control Act)Inventory. WHMIS Classification: A-Compressed Gas C-Oxidizing Material D1A-Poisonous and Infectious Material; Materials causing immediate and serious toxic effects-Very toxic material E-Corrosive material OSHA REGULATORY This material is considered hazardous by the OSHA Hazard Communication Standard STATUS: (29 CFR 1910.1200) US EPA Tier II Hazards: Fire: No Immediate(Acute): Yes Sudden Release of Yes Delayed(Chronic): Yes Pressure: Reactive: Yes SARA 302 Extremely Hazardous Substance/RQs(lbs.): Yes(10-lbs) SARA 311/312 Chemicals and RQs(lbs.)(>0.1%): Yes SARA 313(TRI) Yes OSHA PSM(29 cfr 1910.119): Yes(2500-lbs) TSCA: Chlorine State N.J.RTK Substances(>1%) Listed Penn RTK Substances(>1%) Listed California Not Regulations: Prop 65 Listed 16. Other information EPA Registration Number: 813-10 NSF Maximum Use Level (STD 60): Check BOL for facility Data. (30 mg/L) Revision Information: This is the first revision of this SDS format,changes from previous revision not applicable. The information and recommendations contained herein are based upon data believed to be correct. However, no guarantee or warranty of any kind,expressed or implied,is made with respect to the information contained herein.We accept no responsibility and disclaim all liability for any harmful effects which may be caused by exposure to our products.Customers/users of this product must comply with all applicable health and safety laws,regulations,and orders. THE USER IS CAUTIONED TO PERFORM HIS OWN HAZARD EVALUATION AND TO RELY ON HIS OWN DETERMINATIONS. Chlorine Page 6 of 6 SDS Revision Date:5/1/2015 /c1 C Safety Data Sheet 1. CHEMICAL PRODUCT AND COMPANY IDENTIFICATION Product identifier: CHLORINE, LIQUID Synonyms: Chlorine, Chlorine—liquefied gas, Chlorine gas,Chlorine(Liquid or Gas) Intended use: Water chlorination,water treatment chemicals,chemical synthesis. This material is a registered pesticide. Uses Advised Against: None identified. This is a pesticide product,do not use in a pesticide application that is not included on the label. Company Identification: DPC Industries, Inc. DPC Enterprises, LP DXI Industries, Inc. DX Terminals PO Box 24600 Houston ,TX 77229-4600 Emergency: CHEMTREC(USA) (800)424-9300 24 hour Emergency Telephone No. (281)457-4888 www.dxgroup.com 2. Hazard identification of the product Physical hazards Gases under pressure Liquefied gas Oxidizing gases Category 1 Health hazards Acute toxicity, inhalation Category 2 Skin corrosion/irritation Category 1 Serious eye damage/eye irritation Category 1 Specific target organ toxicity, single exposure Category 3 Specific target organ toxicity, repeated Category 1(Lung)exposure Environmental hazards Very hazardous to the aquatic environment, Category 1 acute hazard Label elements Using the Toxicity Data listed in section 11 and 12 the products labeled as follows ctu It. Signal Word Danger Hazard Statements May cause or intensify fire;oxidizer. Contains gas under pressure;may explode if heated. Fatal if inhaled. Causes skin irritation. Causes serious eye irritation. May cause respiratory irritation. Very toxic to aquatic life with long lasting effects. Harmful in contact with skin. Causes severe skin bums and eye damage. Causes serious eye damage. Very toxic to aquatic life. Toxic to aquatic life with long lasting effects. May be corrosive to metals Precautionary Statements Prevention Keep/Store away from combustible materials. Keep reduction valves free from grease and oil. Do not breathe mist/vapors/spray.Wash thoroughly after handling. Use only outdoors or in a well-ventilated area.Avoid release to the environment. Wear protective gloves/eye protection/face protection.Wear respiratory protection. Response IF ON SKIN:Wash with plenty of soap and water. Take off contaminated clothing and wash before reuse. IF INHALED:Remove victim to fresh air and keep at rest in a position comfortable for breathing. Call a POISON CENTER or doctor/physician if you feel unwell. IF IN EYES:Rinse continuously with water for several minutes. Remove contact lenses if present and easy to do-continue rinsing. Immediately call a POISON CENTER or doctor/physician. If eye irritation persists:Get medical advice/ attention. IN CASE OF FIRE:Stop leak if safe to do so. Storage Store in a well-ventilated place. Keep container tightly closed. Store locked up. Disposal ; Dispose of contents/container in accordance with local/national regulations. Chlorine Page 1 of 6 SDS Revision Date:5/1/2015 Safety Data Sheet 3. Composition/information on ingredients Synonyms: Chlorine, Chlorine—liquefied gas,Chlorine gas, Chlorine(Liquid or Gas) Substance classified with a health or environmental hazard. Substance with a workplace exposure limit. Ingredient CAS Number Percent(%) Chlorine 7782-50-5 99.5-100 4. First Aid Measures General Ensure that medical personnel are aware of the material(s)involved and take precautions to protect themselves. Inhalation Move victim to fresh air.Apply artificial respiration if victim is not breathing.Do not use mouth-to- mouth method if victim ingested or inhaled the substance;induce artificial respiration with the aid of a pocket mask equipped with a one-way valve or other proper respiratory medical device.Administer oxygen if breathing is difficult. GET IMMEDIATE MEDICAL ATTENTION Eyes Flush immediately with clean fresh water for at least 10 minutes,holding the eyelids apart. Remove contact lenses, if present, and safe to do so. Continue rinsing. GET IMMEDIATE MEDICAL ATTENTION. Skin In case of contact with substance, immediately flush skin with running water for at least 20 minutes. Exposure to liquid may cause frostbite burns. Remove contaminated clothing,jewelry and shoes. Wash skin with soap and water. Thoroughly clean and dry contaminated clothing and shoes before reuse. GET IMMEDIATE MEDICAL ATTENTION Ingestion If accidentally swallowed obtain IMMEDIATE MEDICAL ATTENTION. Keep at rest. Do NOT induce vomiting. Ingestion not considered a likely route of exposure. Most important symptoms and effects, both acute and delayed Overview Contact with this material will cause burns to the skin,eyes and mucous membranes. Unconsciousness. Cough, shortness of breath, headache,nausea,vomiting. May cause lung damage. Indication of For liquid contact,treat the affected person for frostbite if necessary. If the product is ingested, immediate probable mucosal damage may contraindicate the use of gastric lavage. Treat the affected person medical attention appropriately. Provide general supportive measures and treat symptomatically. Symptoms may be and special delayed. treatment needed 5. Fire-fighting measures Recommended Use fire-extinguishing media appropriate for surrounding materials Extinguishing media Unsuitable Direct water spray. Direct water spray jet. extinguishing media Special hazards May cause fire or explosion;strong oxidizer.Contents under pressure. Pressurized container may arising from the explode when exposed to heat or flame. Contact with reactive metals e.g., aluminum,zinc and tin substance or may result in the generation of flammable hydrogen gas.Water used for fire extinguishing,which has mixture been in contact with the product, may be corrosive.Water spray on active leak may promote accelerated corrosion of container and accelerate rate of leakage. Advice for fire- Wear full protective clothing, including helmet,self-contained positive pressure or pressure fighters demand breathing apparatus, protective clothing and face mask.Additional protective clothing must be worn to prevent personal contact with this material.Those items include but are not limited to: boots gloves, hard hat,splash-proof goggles,full face shield and impervious clothing, i.e.chemically impermeable suit.Compatible materials for response to this material are neoprene and butyl rubber. In case of fire and/or explosion do not breathe fumes. Remove pressurized gas cylinders from the immediate vicinity.Cylinders can burst violently when heated,due to excess pressure build-up. Cool containers/tanks with water spray. Evacuate area and fight fire remotely due to the risk of explosion. ERG Guide No. 124 Chlorine Page 2 of 6 SDS Revision Date: 5/1/2015 Safety Data Sheet 6. Accidental Release Measures Personal Immediately evacuate personnel to safe areas. Many gases are heavier than air and will spread along precautions, ground and collect in low or confined areas(sewers, basements,tanks). Keep people away from and protective upwind of spill/leak. Keep out of low areas. Keep unnecessary personnel away.Ventilate closed equipment and spaces before entering them.Wear appropriate protective equipment and clothing during clean-up. emergency Local authorities should be advised if significant spillages cannot be contained. For response to procedures Chlorine gas it is recommended to use as a minimum level"B"protection that is compatible to Chlorine. For Liquid spills it is recommended to utilize as a minimum enhanced level "B"(Enhanced Level"B"is the addition of a splash hood). Do not touch damaged containers or spilled material unless wearing appropriate protective clothing. Responders can reference Chlorine Institute pamphlet #65 on PPE. Environmental Avoid discharge into drains,water courses or onto the ground.Contact local authorities in case of precautions spillage to drain/aquatic environment. Methods and Extinguish all flames in the vicinity. Keep combustibles(wood, paper,oil,etc.)away from spilled material for material.Ventilate well,stop flow of gas or liquid if possible. If possible,turn leaking containers so that containment and gas escapes rather than liquid.Dike far ahead of spill for later disposal. Isolate area until gas has cleaning up dispersed. Neutralize spilled material with crushed limestone,soda ash or lime. Collect spillage. 7. Handling and storage Avoid heat, sparks,open flames and other ignition sources. Keep away from clothing and other Precautions for combustible materials. Use only chlorine-compatible lubricants. Do not use greases and oils. Do safe handling not breathe gas. Do not get in eyes,on skin,on clothing. Use in a sealed system and/or a well-ventilated area.Wear appropriate personal protective equipment. Observe good industrial hygiene practices.Avoid release to the environment. Conditions for Contents under pressure. Keep away from heat,sparks and open flame.Secure cylinders in an safe storage, upright position at all times,close all valves when not in use.Store in a well-ventilated place. Store including any away from incompatible materials. incompatibilities Store at temperatures not exceeding 131 °F(55°C)For the above specified temperature the system pressure is 225 psig. 8. Exposure controls and personal protection Exposure Control Parameters CAS No. Material Source Type Value 7782-50-5 Chlorine OSHA Table Z-1 Limits Ceiling 3 mg/m3 US ACGIH Threshold limit values STEL 1 ppm US ACGIH Threshold limit values TWA 0.5 ppm Engineering Should be handled in closed systems, if possible.Where reasonably practicable this should be Controls achieved by the use of local exhaust ventilation and good general extraction. If these are not sufficient to maintain concentrations of particulates and any vapor below occupational exposure limits suitable respiratory protection must be worn. Observe Occupational Exposure Limits and minimize the risk of inhalation. Eye wash facilities and emergency shower must be available when handling this product. Individual protection measures, such as personal protective equipment Respiratory Use NIOSH/MSHA approved respirator,following manufacturer's recommendations when concentrations exceed permissible exposure limits. Eyes Wear face shield with safety glasses with side shields and/or safety goggles. Skin Chemical resistant clothing such as coveralls/apron boots should be worn. Chemical Impervious gloves. Other Work Use good personal hygiene practices.Wash hands before eating, drinking,smoking or using toilet. Practices Promptly remove soiled clothing and wash thoroughly before reuse. Chlorine Page 3 of 6 SDS Revision Date: 5/1/2015 Safety Data Sheet 9. Physical and chemical properties Appearance: Amber Color Liquid.Greenish-Yellow Gas Odor: Pungent Irritating Odor Odor threshold: .31 ppm air 1.7 pH: Not Applicable Melting point/freezing point: -150°F (-101 °C) Initial boiling point and boiling range: -29.3°F (-34 'C) Flash Point: Not Applicable Evaporation rate(Ether= 1): Not Available Flammability(solid,gas): Not Applicable Upper/lower flammability or explosive limits: Lower Explosive Limit:Not Applicable Upper Explosive Limit: Not Applicable Vapor pressure(mmHg): 4800 mmHg(@25°C) Vapor Density: 2.49 Specific Gravity: 1.4 Solubility in Water: Negligible Partition coefficient n-octanol/water(Log Kow): Not Measured Auto-ignition temperature(°C): Not Measured Decomposition temperature: Not Measured Viscosity(cSt): Not Measured VOC%: Not Measured Other information: No other relevant information. 10. Stability and reactivity Reactivity: Oxidizer. Chemical stability: Stable under normal circumstances. Possibility of hazardous Dry material is highly reactive with titanium and tin. Reacts with most metals at high reactions: temperatures or in the presence of moisture. Avoid contact with water. Reacts with water to form corrosive acidic solution(hydrochloric acid)May react explosively with organic matter. Conditions to avoid: No data available Incompatible materials: Avoid contact with reducing agents,organics and alkalis. Keep away from materials such as acetylene,turpentine&other hydrocarbons,ammonia, hydrogen, ether, metals, sulfur, &aluminum. Hazardous decomposition Hydrogen chloride and hypochlorous acid. products: 11. Toxicological information Acute toxicity Ingredient Results Species Dose Exposure Chlorine-(7782-50-5) LC50 Inhalation Gas. Rat 147 ppm 4 hours LC50 Inhalation Rat 293 ppm 1 hour Item Hazard Acute Toxicity: 0.2-0.4 ppm odor detection(some tolerance develops) 1 -3 ppm mild mucous membrane irritation(can be tolerated— 1 hour) 5- 15 ppm moderate irritation of upper respiratory tract 30 ppm immediate chest pain.vomiting,dyspnea,cough 40-60 ppm toxic pneumonitis and pulmonary edema 430 ppm lethal over 30 minutes 1000 ppm fatal within a few minutes It's action in the respiratory tract is due to its strong oxidizing capability: it forms both hypochlorous acid and hypochloric acid on contact with moist mucous membranes.Symptoms of pulmonary congestion and edema may develop after a latency period of several hours following severe acute exposure to chlorine. Chlorine Page 4 of 6 SDS Revision Date:5/1/2015 Safety Data Sheet 11. Toxicological information Acute toxicity(Cont.) POTENTIAL HEALTH EFFECTS: Information on likely routes of exposure Eye contact: Causes serious eye damage. Liquid exposure may cause frostbite. _ Skin contact: Causes skin burns.Liquid exposure may cause frostbite. _ Inhalation: May cause irritation(possibly severe),chemical burns, and pulmonary edema Significant exposures may be fatal. Ingestion: Causes digestive tract burns. Signs and symptoms of Contact with this material will cause burns to the skin, eyes and mucous membranes. exposure: Cough,shortness of breath,headache,nausea,vomiting. May cause lung damage. Unconsciousness. Information on toxicological effects Acute toxicity: Fatal if inhaled. Irritation Threshold:approximately 0.5 ppm Immediately Dangerous to Life or Health: 10.0 ppm. Carcinogenicity: Not considered to be a carcinogen by IARC,ACGIH,NTP or OSHA. Reproductive Toxicity: No data available. Specific target organ systemic Not available. toxicity(single exposure): Specific target organ systemic Causes damage to organs(lungs)through prolonged or repeated exposure. Toxicity(repeated exposure): Aspiration hazard: Due to the physical form of the product it is not an aspiration hazard. 12. Ecological information Toxicity Very toxic to aquatic life. Toxic to aquatic life with long lasting effects. Aquatic Ecotoxicity Ingredient 96 hr LC50 fish, mg/I 48 hr EC50 crustacea,mg/I ErC50 algae, mg/I Chlorine-(7782-50-5) 14.00, 0.11, Daphnia pulex 0.76(96 hr),Algae Oncorhynchus mykiss Persistence and This material is an element and not subject to biodegradation. degradability: Bioaccumulative potential: Will not bioaccumulate. Mobility in soil: No data available. Results of PBT and vPvB This product contains no PBT/vPvB chemicals. assessment: Other adverse effects: No other effects are expected. 13. Disposal considerations Waste treatment methods: Do not allow into drains or water courses.Wastes and emptied containers should be disposed of in accordance with regulations made under the Control of Pollution Act and the Environmental Protection Act. Using information provided in this data sheet,advice should be obtained from the Waste Regulation Authority,whether the special waste regulations apply. Waste from material: Use or process if possible.Chlorine may be absorbed into an alkaline solution such as caustic soda,soda ash or hydrated lime. Dispose in accordance with all applicable regulations. Container Management: Return empty chlorine cylinders,tankcars and cargo tanks containing residual gas and/or liquid to supplier in compliance with applicable DOT regulations. See product label for container disposal information. Chlorine Page 5 of 6 SDS Revision Date:5/1/2015 Safety Data Sheet 14. Transport information UN number: UN1017 UN proper shipping name: Chlorine Transport hazard class(es) DOT(Domestic Surface Transportation) DOT Proper Shipping Chlorine Name: DOT Hazard Class 2.3, (5.1, 8) DOT Label: 2.3, 5.1, 8 UN/NA Number: UN1017 DOT Packing Group: Not Applicable _ CERCLA/DOT RQ: 10 lbs. Environmental hazards: IMDG Marine Pollutant:Yes(Chlorine) Special precautions for Not Applicable user: 15. Regulatory information Regulatory Overview: The regulatory data in Section 15 is not intended to be all-inclusive,only selected regulations are represented. All ingredients of this product are listed on the TSCA (Toxic Substance Control Act)Inventory. WHMIS Classification: A-Compressed Gas C-Oxidizing Material D1A-Poisonous and Infectious Material; Materials causing immediate and serious toxic effects-Very toxic material E-Corrosive material OSHA REGULATORY This material is considered hazardous by the OSHA Hazard Communication Standard STATUS: (29 CFR 1910.1200) US EPA Tier II Hazards: Fire: No Immediate(Acute): Yes Sudden Release of Yes Delayed(Chronic): Yes Pressure: Reactive: Yes SARA 302 Extremely Hazardous Substance/RQs(lbs.): Yes(10-lbs) SARA 311/312 Chemicals and RQs(lbs.)(>0.1%): Yes SARA 313(TRI) Yes OSHA PSM(29 cfr 1910.119): Yes(2500-lbs) TSCA: Chlorine State N.J.RTK Substances(>1%) Listed Penn RTK Substances(>1%) Listed California Not Regulations: Prop 65 Listed 16. Other information EPA Registration Number: 813-10 NSF Maximum Use Level(STD 60): Check BOL for facility Data. (30 mg/L) Revision Information: This is the first revision of this SDS format,changes from previous revision not applicable. The information and recommendations contained herein are based upon data believed to be correct. However, no guarantee or warranty of any kind,expressed or implied,is made with respect to the information contained herein.We accept no responsibility and disclaim all liability for any harmful effects which may be caused by exposure to our products.Customers/users of this product must comply with all applicable health and safety laws,regulations,and orders. THE USER IS CAUTIONED TO PERFORM HIS OWN HAZARD EVALUATION AND TO RELY ON HIS OWN DETERMINATIONS. Chlorine Page 6 of 6 SDS Revision Date: 5/1/2015 DXI INDUSTRIES, INC. P.O. Box 24600 Houston, Texas 77229-4600 (281) 457-4888 Fax (281) 457-4807 www.dxgroup.com November 25, 2020 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 10%and 12.5%(Dixichlor and Dixichlor Max) If you need further assistance,please do not hesitate to contact us_ Sincerely, DXI Industries, Inc. Cip.t Joy Montanio Environmental, Health,Safety & Security Manager