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HomeMy WebLinkAboutPR 19006: PURCHASE OF WATER TREATMENT CHEMICALS, WITH BRENNTAG SOUTHWEST, INC., TDC, LLC, DXI INDUSTRIES, INC. AND THERCHEM CORP. City of P.R.No. 19006 c_� G 5/6/15 jt xas INTEROFFICE MEMORANDUM UTILITY OPERATIONS DEPARTMENT-ADMINISTRATION Date: June 5, 2015 To: Brian McDougal, City Manager From: Jimmie Johnson, Ph.D., Director of Utility Operations RE: Proposed Resolution No. 19006 Nature of the Request: The Utility Operations Department routinely utilizes various Water Treatment Chemicals to treat drinking water and wastewater at our various treatment facilities throughout the City. The Purchasing Division has solicited bids for such Water Treatment Chemicals. Contract for the purchase of Water Treatment Chemicals with Brenntag Southwest, Inc., TDC, LLC, DXI Industries,Inc., and Therchem Corp. in the total estimated annual amounts are shown below. C12-ton cyl. Cl2 150#cyl. 50%NaOH 25%NaOH Ammonia Phosphates Bidder 325 tons 7.5 tons 145 tons 72 tons 50 tons 67.5 tons TDC,LLC. no bid no bid $415.00 $455.00 no bid no bid Ruston,LA Brenntag SW $549.00 $.766711b $387.00 $486.00 no bid $.3797/1b Houston,TX DXI Ind. $625 $.60/1b $426.28 $566.23 no bid no bid Houston,TX Therchem no bid no bid no bid no bid $.69/Ib no hid New Iberia,LA Est.Ann.Total $178,425 $9,000 $56,115 $32,760 $69,000 $51,259.50 2015 Grand Total: $396,559.50 Staff Analysis, Considerations: Trained and TCEQ-certified employees administer all water and wastewater treatment chemicals. Recommendation: I recommend that the City Council approve Proposed Resolution No. 19006 authorizing the execution of a contract for the purchase of Water Treatment Chemicals with Brenntag Southwest, Inc., TDC,LLC, DXI Industries, Inc., and Therchem Corp. in the total estimated amount of$396,559.50. Budget Considerations: These chemicals are purchased on an as-needed basis and are charged to the Water Purification and Wastewater Treatment Division O&M Budget Account Nos. 410-1252-532.29-02 and 410-1256-532.29-00. P. R. No. 19006 05/18/15jt RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF CONTRACTS FOR THE PURCHASE OF WATER TREATMENT CHEMICALS FOR THE UTILITY OPERATIONS DEPARTMENT WITH BRENNTAG SOUTHWEST, INC., TDC, LLC, DXI INDUSTRIES, INC. AND THERCHEM CORPORATION IN THE TOTAL AMOUNT NOT TO EXCEED $396,559.50 FUNDS ARE AVAILABLE IN WATER PURIFICATION AND WASTEWATER DIVISION O&M BUDGET ACCOUNT NOS. 410-1252-532.29-02 & 410-1256-532.29-00. WHEREAS, the Utility Operations Department routinely utilizes various Water Treatment Chemicals to treat drinking water and wastewater at our various treatment facilities throughout the City; and, WHEREAS, the Purchasing Division has solicited bids for such Water Treatment Chemicals, as delineated in our Purchasing Policy, and seventeen(17) vendors submitted bids on May 06, 2015; and, WHEREAS, the bids have been evaluated by Utility Operations and Purchasing (bid tabulation attached as Exhibit"A"), and the low bidders for each chemical are shown in BOLD; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the City Manager of the City of Port Arthur is hereby authorized and directed to execute, on behalf of the City of Port Arthur, one year contracts (with the option to renew for one additional year) between the City of Port Arthur and Brenntag Southwest, Inc., TDC, LLC, DXI Industries Inc., and Therchem Corporation, for the unit prices shown in the Bid Tabulation (attached as Exhibit "A"), and as shown in the individual contracts attached as Exhibits "B", "C "D", "E"; and, P. R. No. 19006 05/18/15jt Page 2 of 3 THAT, the City can terminate any of these contracts at its convenience with ten days written notice; and, THAT, funding for these chemicals is provided in the Utility Operations O&M budget; and, THAT, a copy of the caption of this resolution be spread upon the minutes of the City Council. READ, ADOPTED AND APPROVED THIS day of , 2015 at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor • Councilmembers: NOES: Deloris Prince Mayor ATTEST: APPROVED FOR ADMINISTRATION: Sherri Bellard Brian McDougal City Secretary City Manager APP VED AS TO FORM: afk / 6 / kilh4mi., iertz__ Valecia Tizeno Shawna Tubbs, CPPB City Attorney Purchasing Manager P. R. No. 19006 05/18/15jt Page 3 of 3 't Dr. Jin uie Johnson, PhD Director of Utility Operations APPROVED AS TO AVAILABILITY OF FUNDS: / , / Deborah Echols, Director of Finance Account No. 410-1252-532.29-02 410-1256-532.29-00 P. R. 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Aa LD `C C U N 01 LA N p = Cy a. ft h'C E CO CO u, 01 01 coln =-• C fl. . � N N aO .4 w Q "'r' 0 O ,..r O W 00 "P H F �, c = bo b .s XE' CD is: 0 OrQ 4>P 0 CfQ PZ d -. A cD v> w N r" EA CA 0 n C w o _, .0 O O O O O O n n vj A y ? ;° CO c CO CO CO CO CO 5 r" 04 % E. : o: O a: a a: c: a: r" - O Ct "t 01 = b9 EA H 6.- .< 0 0 0 0 0 -1=` A d Z `C D l7 p g CO CO CO CO CO vv', v, yA: CD a C) cet) o w 0 0 ., w = J CO O7 01 CT --,1 00 r M = ,-i o o: -4 0 0 0 cm X o Z 0 0 0 0 o 5A. CO CO CO CO CO w o1 m n o: 0. 0. 0. o: o OO ^' a P. R. No. 19006 05/18/15 Exhibit "B" PURCHASING CONTRACT AGREEMENT (Brenntag Southwest, Inc.) P. R. No. 19006 05/18/15 PURCHASING CONTRACT AGREEMENT THIS AGREEMENT is made this the of , 2015, by and between an individual, firm partnership or corporation, BRENNTAG SOUTHWEST, INC., of Houston, Texas, hereinafter called "Vendor", and the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called the "Owner" or "City". WITNESSETH: That for and in consideration of the payments, terms, conditions and agreements set forth herein, Owner and Vendor agree as follows: 1. The term of this Contract shall be for one (1) year, with an option to renew for one (1) additional year, from the date stated on the Notice to Proceed unless sooner terminated under the provision hereof. The City can terminate this contract at its convenience which includes, but not limited to, funding not being available in any budget cycle with ten (10) days written notice. 2. The Vendor will provide 50% Sodium Hydroxide, Liquid Chlorine in 1-ton cylinders, and Phosphate, as delineated and submitted in their bid on May 06, 2015. 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 $285,799.50 (145 tons (o? $387.00/ton = $56,115.00) for 50% NaOH, (325 tons A $549.00/ton = $178,425.00) for Liquid Chlorine in 1-ton Cylinders, (67.5 tons A $759.40/ton = $51,259.50) for 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 P. R. No. 19006 05/18/15 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 , 2015. WITNESS: CONTRACTOR: Brenntag Southwest, Inc. SIGNED AND AGREED to on the day of , 2015. WITNESS: CITY OF PORT ARTHUR: City Secretary City Manager DELORIS"BOBBIE"PRINCE,MAYOR ` "`"tip % BRIAN MCDOUGAL DERRICK FREEMAN,MAYOR PRO TEM =City of CITY MANAGER =- � COUNCIL MEMBERS: SHERRI.,,� SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. l' '' CITY SECRETARY TIFFANY HAMILTON n r t r t h u '- MORRIS MORRIS ALBRIGHT VAL TREND STEPHEN A.MOSELY Texas CITY ATTORNEY WILLIE"BAE"LEWIS,JR. ROBERT E.WILLIAMSON KAPRINA RICHARDSON FRANK APRIL 20, 2015 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, May 6, 2015. (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, May 6, 2015 in the City Council Chambers, City Hall, 5th Floor,Port Arthur, TX. You are invited to attend. MARK ENVELOPE: PI5-048 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, Senior Purchasing Assistant P.O. Box 1089 Port Arthur, TX 77641 clifton.williamsAportarthurtx.gov Purchasing Division/Finance Department 1 Purchasing Manager,Shawna Tubbs,CPPO,CPPB P.O.Box 10891444 4th Street' Port Arthur,Texas 776411 409.983.8160 1Fax 409.983.8291 The enclosed Invitation to Bid (ITB) and accompanying General Instructions, Conditions and Specifications are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Shawna Tubbs, CPPO, CPPB Purchasing Manager Page 2 of 14 CITY OF PORT ARTHUR,TEXAS 0011N ADDENDUM NO.ONE(1) rt6o April 27,2015 Bid Proposal for: Water Treatment Chemicals The following clarifications, amendments, deletions, additions, revision and/or modifications arc 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 TIIEIR SUBMISSION. Addendum as follows: Below are questions that were received,and the answers to these questions are in bold. 1. Is it permissible to subcontract the sampling and analyzation portion.2 lead,and 2 copper/month?I would provide the chemicals,and have a water treatment expert obtain and test the samples. Yes. 2. What locations are these samples to be taken from? Random locations if needed. 3. In reference to the statement"This treatment system is currently in compliance and the successful bidder must keep the system in compliance or this contract will be terminated." Is City of Port Arthur personnel responsible for injecting the chemicals? Yes o If so, we need to understand our level and criteria of responsibility for keeping the system in compliance: I.e.Quality of chemicals delivered,timely samples taken with results reported ASAP. Chemical analysis provided on each load,and random lead and copper test if concerns arise. o Does keeping in compliance mean, reporting.the levels and letting the City know if they are in, or out of compliance? No it means State test for lead& copper every 3 years. D Does keeping in compliance mean,the correct amount of chemicals being injected? No 4. Change the estimated quantity of chemicals for item#4 to 15,000 lbs of liquid chlorine(150 lb Cyl)and Item#5 to 100,000 lbs of Anhydrous Ammonia. 5. Replace the Bid Sheet with the attached Bid Sheet. End of Addendum If you have any questions,please contact Clifton Williams at clifton.williamsLa),portarthurtx.eov. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR PROPOSAL. • We Ijj li /7(1 m Clifton Willias,CPPB Senior Purchasing Assistant it M_y 4. 2015 Signature of Proposer Date 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 14 SPECIFICATIONS FOR WATER TREATMENT CHEMICALS FOR THE CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT GENERAL INFORMATION All chemicals specified herein shall conform to Standard 60 of the American United Laboratory National Standards Institute/National Sanitation Foundation/Underwriter's Laboratory (ANSUNSF/UL). Conformance with this Standard must be certified by an agency recognized by the TCEQ. Each bidder shall provide such certification to the City, with their bid, along with a current Material Safety Data Sheet (MSDS) for any chemicals supplied per these specifications. All bids are to be F.O.B. at the specified City delivery location in Port Arthur, Texas. The delivery points will include the Water Purification Plant at 1101 H.O. Mills Blvd., Main WWTP at 6300 Procter St. Ext., and the Port Acres WWTP at 2901 W. Hwy. 365, and will be specified on the order. The WWTP's will only receive shipments of liquid chlorine. The City of Port Arthur will not accept demurral charges or freight bills. Shippers shall notify the appropriate City personnel prior to unloading any of the above-mentioned items. Successful bidder, or bidders, must agree to enter into a contract with the City of Port Arthur. The life of the contract is to be approximately one (1) year, with the option to extend the contract for two (2) additional one year periods. Shipments are to be made as needed. No price increases will be allowed for the first ninety (90) days during life of the contracts. The estimated quantities stated below are supplied as a basis for bidding purposes only. These quantities were estimated from past experience, and do not obligate the City to purchase these exact amounts All chemical prices shall be firm for 90 days. Thirty (30) days prior written notice must be submitted, along with market justification, for any price changes during the life of the contract. The vendor is required to submit a letter from their supplier to the City of Port Arthur showing any increase or decrease in price to the vendor by their supplier from the previous month. Officers of each company must sign this letter. If there is a price decrease to the vendor by their supplier the City will be Riven an equal decrease. The City reserves the right to cancel this contract with fifteen (15) days prior written notice. The City reserves the right to reject any or all bids, and to waive informalities. The City reserves the right to award all items to one responsible bidder, or to award by item. TECHNICAL SPECIFICATIONS Item No. 1 50% (by weight)Sodium Hydroxide—145 dry tons (estimated) Solution should contain approximately 6.4 lbs. of dry sodium hydroxide per gallon. It should contain nothing injurious to the health of consumers of water treated. It shall be free of any foreign material that may cause excessive clogging of strainer or flow control valve. Shipments shall be made in 4,000 to 4,500 gallon loads as ordered, by tank truck. Supplier shall be prepared to deliver under the following conditions. Water Plant storage connection consists of 2" PVC pipe with a 2" stainless steel female quick coupling. Static lift required is 20 feet, and must be blown off with transporter's compressor. The sodium hydroxide to be supplied shall conform to the American Water Works Association Standard B501-75, or the latest revision of this standard. The manufacturer or vendor shall provide an affidavit(signed by an officer of the company) acknowledging that the sodium hydroxide furnished, according to the City of Port Arthur's order, complies with all applicable requirements of AWWA Standards. Page 4 of 14 Item No. 2 25% (by weight) Sodium Hydroxide - 72 dry tons (estimated) Same conditions as Item No.1, except solution should contain 3.2 lbs of dry Sodium Hydroxide per gallon. Item No.3 100% Liquid Chlorine-325 tons (estimated) in one-ton containers Shipments shall be made in lots of nine tons. Shipments are to be by truck and are to be unloaded and drums placed in position on City racks, by successful bidder. Liquid Chlorine shall conform to the latest revision of AWWA Standard B301. All ton cylinders shall be equipped with new or newly reconditioned valves meeting the Chlorine Institute standard for new valves. All newly reconditioned valves shall be reconditioned according to the Chlorine Institute's latest publication. It shall be the sole responsibility of the successful bidder to immediately remove any ton cylinder failing to meet any requirements of these specifications. The manufacturer or vendor shall provide an affidavit(signed by an officer of the company) acknowledging that the Liquid Chlorine to be furnished complies with all applicable requirements of AWWA Standards. Item No. 4 100%Liquid Chlorine-36,000 lbs. (estimated) in 150 lb. cylinders Same condition as above Item No. 3, except shipments shall be in 20 cylinder lots, and shall be unloaded by successful bidder. Item No. 5 99.995% (by weight)Anhydrous Ammonia -80,000 pounds (estimated) Ammonia shall be refrigeration (R) grade, and shall contain nothing injurious to the health of consumers of water treated. It shall be free of any foreign material that may cause excessive clogging of strainers or flow regulating devices. The City has it's own 1,460 gallon tank. Successful bidder, or bidders, must agree to enter into a contract with the City of Port Arthur. The life of the contract is to be approximately one (1) year. Prices shall be firm for the life of the contract. The City reserves the right to cancel this contract with(5)days prior written notice. Item No. 6 23-25% (available fluoride)Hydrofluosilicic Acid - 190,000 lbs. (estimated) Hydrofluorsilicic Acid shall be supplied by tank truck in 4,000 gallon loads, as ordered. Water Plant storage connections consist of 2" PVC pipe with a 2" stainless steel female quick coupling. Static lift required is 17 feet. Hydrofluosilicic Acid shall conform to AWWA Standard B703-89 or latest revision. The manufacturer or vendor shall provide an affidavit signed by an officer of the company acknowledging that the Hydrofluosilicic Acid furnished complies with all applicable requirements of AWWA Standards. Item No. 7 Phosphates - 135,000 lbs (estimated) Vendor shall furnish an estimated 135,000 pounds of a 50/50 ortho/polyphosphate blend, with 36-40% total phosphate. Each bidder shall provide, with their bid, certification that their product meets these requirements. Successful bidder must provide water quality analysis to monitor and verify performance of their product during the life of the contract as follows: 1. Two (2) lead samples and two (2) copper samples may be required for the vendor to collect and analyze each month. Testing method must be one approved by the TCEQ and the EPA. This is to monitor the distribution system if any discrepancies arise. 2. This treatment system is currently in compliance and the successful bidder must keep the system in compliance or this contract will be terminated. Page 5 of 14 CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: Water Treatment Chemicals for Utility Operations BID DUE DATE: May 6, 2015 ITEM# QUANTITY UOM DESCRIPTION UNIT COST 1 145 DRY TONS 50% SODIUM HYDROXIDE $ 387.00/Dry Ton 2 72 DRY TONS 25% SODIUM HYDROXIDE $ 486.00/Dry Ton 3 325 TONS LIQUID CHLORINE(TON CYL.) $ 549.00/Ton 4 15,000 LBS LIQUID CHLORINE (159LB CYL.) $ 0.7667/lb 5 100,000 LBS ANHYDROUS AMMOINIA $ NO BID 6 190,000 LBS HYDROFLUOSILICIC ACID $ NO BID 7 135,000 LBS PHOSPHATE $ 0.3797/lb Delivery will be made 2-4 Days after Receipt of Order. Brenntag Southwest, Inc. 1632 Haden Road COMPANY NAME STREET ADDRESS C .P -111 LU ,QAJ NOT APPLICABLE SIGNA URE OF BIDDER P.O. BOX Gayle Tullier Houston Texas 77015 PRINT OR TYPE NAME CITY STATE ZIP Senior Contract Administrator (713) 330-8570 TITLE AREA CODE TELEPHONE NO gtollefsen@brenntag.com (713) 450-4699 EMAIL FAX NO. Page 6 of 14 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTI IUR Houston § 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: Gayle Tullier Title: Senior Contract Administrator Company: Brenntaq Southwest, Inc. Date: May 4, 2015 SUBSCRIBED and sworn to before me the undersigned authority by May the 4th of, 2015 on behalf of said bidder. Nary Public imand for the State of Texas pt�R70:,11.0 My commission expires: May 27, 2015 auk 1:11:;"'to El <:. r w SINA't'e ^+ . Page 7 of 14 AFFIDAVIT All pages in Offeror's Responses containing statements. letters. etc.. shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: X I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Brenntaq Southwest, Inc. May 4, 2015 Firm Name Date -TuL f l A Senior Contract Administrator Authorized Signature Title Gayle Tullier (713) 330-8570 Name (please print) Telephone gtollefsen@brenntag.com Email STATE: Texas COUNTY: Harris SUBSCRIBED AND SWORN to before me by the above named Gayle Tullier on this the 4th day of May ")0r15 OURThEY L. GGEE l Pubic STATE OF TEXAS Nota Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 8of14 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For Vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491,80'h Leg.,Regular Session. This questionnaire is being filed in accordance with Chapter 176,Local Government Code by a person who has a business relationship as defined by Section 176.001 (1-a)with a local governmental entity and the person 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 71h business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006.Local Government Code. A person commits an offense if the person knowingly violates Section 176.006,Local Government Code. An offense under this section is a Class C misdemeanor. 1.Name of person who has a business relationship with local governmental entity. Brenntag Southwest, Inc. 2. X Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than 7'''business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3.Name of a local government officer with whom filer has employment or business relationship. NONE Name of Officer This section(item 3 including subparts A,B,C,&D)must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001 (1-a),Local Government Code.Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income,other than investment income,from the filer of the questionnaire? Yes X No B. Is the filer of the questionnaire receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes X No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government Officer serves as an officer or director,or holds an ownership of 10 percent or more? Yes X No D. Describe each employment or business relationship with the local government officer named in this section. NONE 4. /31�� —ThltkuA May 4, 2015 Signatur of person doing business with the governmental entity Date Page 9 of 14 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s)deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts Page 10 of 14 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. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601 f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders,regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license,privilege or paying money to any-one owing delinquent taxes,paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. Page 11 of 14 SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. Page 12 of 14 SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person 1$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten(10) days after execution of this Contract. Page 13 of 14 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. LIQUIDATED DAMAGES: Liquidated damages will be $150.00 per day. Page 14 of 14 P. R. No. 19006 05/18/15 P. R. No. 19006 05/18/15 Exhibit "C" PURCHASING CONTRACT AGREEMENT (TDC, LLC) P. R. No. 19006 05/18/15 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 , 2015. WITNESS: CONTRACTOR: TDC, LLC SIGNED AND AGREED to on the day of , 2015. WITNESS: CITY OF PORT ARTHUR: City Secretary City Manager DELORIS"BOBBIE" PRINCE,MAYOR BRIAN MCDOUGAL DERRICK FREEMAN,MAYOR PRO TEM `""'° CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. . CITY SECRETARY TIFFANY HAMILTON o r t r t h 11 MORRIS ALBRIGHT VAL TIZENO STEPHEN A.MOSELY 7 ;; ; CITY ATTORNEY WILLIE"BAE"LEWIS,JR. ROBERT E.WILLIAMSON KAPRINA RICHARDSON FRANK APRIL 20,2015 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, May 6, 2015. (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, May 6, 2015 in the City Council Chambers, City Hall, 5th Floor, Port Arthur,TX. You are invited to attend. MARK ENVELOPE: P15-048 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, Senior Purchasing Assistant P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Shawna Tubbs,CPPO,CPPB P.O.Box 1089 1 444 4th Street Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 The enclosed Invitation to Bid (ITB) and accompanying General Instructions, Conditions and Specifications are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope,with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the film. Faxed or electronically transmitted ITB submittals will not be accepted. Shawna Tubbs, CPPO, CPPB Purchasing Manager Page 2 of 14 CITY OF PORT ARTHUR,TEXAS ADDENDUM NO. ONE(1) : rrh- .)1 April 27,2015 Bid Proposal 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 THEIR SUBMISSION. Addendum as follows: Below are questions that were received,and the answers to these questions are in bold. 1. Is it permissible to subcontract the sampling and analyzation portion.2 lead,and 2 copper/month? I would provide the chemicals,and have a water treatment expert obtain and test the samples. Yes. 2. What locations are these samples to be taken from? Random locations if needed. 3. In reference to the statement"This treatment system is currently in compliance and the successful bidder must keep the system in compliance or this contract will be terminated." Is City of Port Arthur personnel responsible for injecting the chemicals? Yes o If so,we need to understand our level and criteria of responsibility for keeping the system in compliance; I.e.Quality of chemicals delivered,timely samples taken with results reported ASAP. Chemical analysis provided on each load,and random lead and copper test if concerns arise. o Does keeping in compliance mean,reporting the levels and letting the City know if they are in,or out of compliance? No it means State test for lead& copper every 3 years. c Does keeping in compliance mean,the correct amount of chemicals being injected? No 4. Change the estimated quantity of chemicals for item#4 to 15,000 lbs of liquid chlorine(150 lb Cyl)and Item to 100,000 lbs of Anhydrous Ammonia. 5. Replace the Bid Sheet with the attached Bid Sheet. End of Addendum It'you have any questions,please contact Clifton Williams at clifton.williams@portarthurtx.eov. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITII YOUR PROPOSAL. o Clifton Williams,CPPB Senior Purchasing Assistant �, • . .. w.0 s rs i ature of Prop.V Date /\ 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 3of14 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 two (2) additional one year periods. 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 a these exact amounts All chemical prices shall be firm for 90 days. Thirty (30) days prior written notice must be submitted, along with market justification, for any price changes during the life of the contract. The vendor is required to submit a letter from their supplier to the City of Port Arthur showing any increase or decrease in price to the vendor by their supplier from the previous month. Officers of each company must sign this letter. If there is a price decrease to the vendor by their supplier the City will be Riven an equal decrease. The City reserves the right to cancel this contract with fifteen (15)days prior written notice. The City reserves the right to reject any or all bids, and to waive informalities. The City reserves the right to award all items to one responsible bidder, or to award by item. TECHNICAL SPECIFICATIONS Item No. 1 50% (by weight) Sodium Hydroxide—145 dry tons (estimated) Solution should contain approximately 6.4 lbs. of dry sodium hydroxide per gallon. It should contain nothing injurious to the health of consumers of water treated. It shall be free of any foreign material that may cause excessive clogging of strainer or flow control valve. Shipments shall be made in 4,000 to 4,500 gallon loads as ordered, by tank truck. Supplier shall be prepared to deliver under the following conditions. Water Plant storage connection consists of 2" PVC pipe with a 2" stainless steel female quick coupling. Static lift required is 20 feet, and must be blown off with transporter's compressor. The sodium hydroxide to be supplied shall conform to the American Water Works Association Standard B501-75, or the latest revision of this standard. The manufacturer or vendor shall provide an affidavit(signed by an officer of the company) acknowledging that the sodium hydroxide furnished, according to the City of Port Arthur's order, complies with all applicable requirements of AWWA Standards. Page 4 of 14 Item Na. 2 25% (by weight) Sodium Hydroxide 72 dry tons (estimated) Same conditions as Item No.1, except solution should contain 3.2 lbs of dry Sodium Hydroxide per gallon. Item No. 3 100% Liquid Chlorine-325 tons (estimated) in one-ton containers Shipments shall be made in lots of nine tons. Shipments are to be by truck and are to be unloaded and drums placed in position on City racks, by successful bidder. Liquid Chlorine shall conform to the latest revision of AWWA Standard B301. All ton cylinders shall be equipped with new or newly reconditioned valves meeting the Chlorine Institute standard for new valves. All newly reconditioned valves shall be reconditioned according to the Chlorine Institute's latest publication. It shall be the sole responsibility of the successful bidder to immediately remove any ton cylinder failing to meet any requirements of these specifications. The manufacturer or vendor shall provide an affidavit(signed by an officer of the company) acknowledging that the Liquid Chlorine to be furnished complies with all applicable requirements of AWWA Standards. Item No. 4 100%Liquid Chlorine-36,000 lbs. (estimated) in 150 lb. cylinders Same condition as above Item No. 3, except shipments shall be in 20 cylinder lots, and shall be unloaded by successful bidder. Item No.5 99.995% (by weight)Anhydrous Ammonia-80,000 pounds (estimated) Ammonia shall be refrigeration (R) grade, and shall contain nothing injurious to the health of consumers of water treated. It shall be free of any foreign material that may cause excessive clogging of strainers or flow regulating devices. The City has it's own 1,460 gallon tank. Successful bidder, or bidders, must agree to enter into a contract with the City of Port Arthur. The life of the contract is to be approximately one (1) year. Prices shall be firm for the life of the contract. The City reserves the right to cancel this contract with(5)days prior written notice. Item No.6 23-25% (available fluoride)Hydrofluosilicic Acid - 190,000 lbs. (estimated) Hydrofluorsilicic Acid shall be supplied by tank truck in 4,000 gallon loads, as ordered. Water Plant storage connections consist of 2" PVC pipe with a 2" stainless steel female quick coupling. Static lift required is 17 feet. Hydrofluosilicic Acid shall conform to AWWA Standard B703-89 or latest revision. The manufacturer or vendor shall provide an affidavit signed by an officer of the company acknowledging that the Hydrofluosilicic Acid furnished complies with all applicable requirements of AWWA Standards. Item No. 7 Phosphates- 135,000 lbs (estimated) Vendor shall furnish an estimated 135,000 pounds of a 50/50 ortho/polyphosphate blend, with 36-40% total phosphate. Each bidder shall provide, with their bid, certification that their product meets these requirements. Successful bidder must provide water quality analysis to monitor and verify performance of their product during the life of the contract as follows: 1. Two (2) lead samples and two (2) copper samples may be required for the vendor to collect and analyze each month. Testing method must be one approved by the TCEQ and the EPA. This is to monitor the distribution system if any discrepancies arise. 2. This treatment system is currently in compliance and the successful bidder must keep the system in compliance or this contract will be terminated. Page 5 of 14 . CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: Water Treatment Chemicals for Utility Operations BID DUE DATE: May 6,2015 ITEM# QUANTITY UOM DESCRIPTION UNIT COST 1 145 DRY TONS 50%SODIUM HYDROXIDE $ 1-1*P--5'.'Ste'°v 2 72 DRY TONS 25%SODIUM HYDROXIDE $ 14 CS-o o 3 325 TONS A LIQUID CHLORINE(TON CYL.) $ — 4 15,000 LBS LIQUID CHLORINE(150LB CYL.) $ 5 100,000 LBS ANHYDROUS AMMOINIA $ 6 190,000 LBS HYDROFLUOSILICIC ACID $ 7 135,000 LBS PHOSPHATE $ Delivery will be made 1-2 Days after Receipt of Order. -76C ) L—.L.0 1% 6..(wtoYv.k \\.\\Avi,COMPANY NAME STREET ADDRESS 1i ,.a1 .ate %li. SIGN• RE OF BIDD ' P.O. BOX •;77k1A-4- 3 "E, 6-L-A---7-)\)1 (Zak, LA- It 27-0 PRINT OR TYPE NAME CITY STATE ZIP 2JP 2- 280- ?03.3 TITLE' AREA CODE TELEPHONE NO `)a.,A1,e3. lulu- ' -cowl_ IR -P3 - WV- EMAIL 1 J FAX NO. Page 6 of 14 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: ,L �. _ Printed Name: Title: VIP Company: m,1)r Date: Si 1 IS -- SUBSCRIBED and sworn to before me the undersigned authority by IGZ lythe .5rly° of, MC, on behalf of said bidder. 4111, Ai._ , 4/A)h _ ry Public in and for the -tate of Texas My commission expires: 4 .911- YPp rr � 0 o Janet R White x; My Commission Expires y. ._ _. Q 06/29/2017 'Fof1 Page 7 of 14 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: u V I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. ---\-- )C—, 1.-4---C" 5/511c Firm Name Date Auth ed Signatur� �., Title s�ik. .E3- t=. & L �----x,y 5332_- 25sa-3c, --?3 Name (please print) Telephone Cs-LANA Email i STATE: /.6(..4,5 ,S COUNTY: yijcvrrk5 SUBSCRIBED AND SWORN to before me by the above named ,ITq,/yf p5 �a-/-Pi on this the 5 day of Mail � . 20 / / Y `" J / A �� Janet R White ' . , ' 'ublic q; „_.. r 06/29/2017pn Expires of t RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 8 of 14 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For Vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491,80th Leg.,Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who has a business relationship as defined by Section 176.001 (1-a)with a local governmental entity and the person 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 person becomes aware of facts that require the statement to be filed. See Section 176.006,Local Government Code. A person commits an offense if the person knowingly violates Section 176.006,Local Government Code. An offense under this section is a Class C misdemeanor. 1.Name of person who has a business relationship with local governmental entity. 2. Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3.Name of a local government officer with whom filer has employment or business relationship. Name of Officer This section(item 3 including subparts A,B,C,&D)must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001 (1-a),Local Government Code.Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income,other than investment income,from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government Officer serves as an officer or director,or holds an ownership of 10 percent or more? Yes No D. Describe each employ ent or business relationship with the local government officer named in this section. 4. PV Signature of person doin busii'ess with the governmental entity Date Page 9 of 14 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s)deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB,the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts Page 10 of 14 awed 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. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur,Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders,regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes,paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. Page 11 of 14 SHIPPING INFORMATION: All bids are to be F.O.B.. City of Port Arthur, Port Arthur. TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. Page 12 of 14 SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000;and, b.Property Damage$100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or,Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract. Page 13 of 14 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. LIQUIDATED DAMAGES: Liquidated damages will be $150.00 per day. Page 14 of 14 P. R. No. 19006 05/18/15 Exhibit "D" PURCHASING CONTRACT AGREEMENT (DXI Industries, Inc.) P. R. No. 19006 05/18/15 PURCHASING CONTRACT AGREEMENT THIS AGREEMENT is made this the of , 2015, by and between an individual, firm partnership or corporation, DXI industries, Inc. of Channelview, 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 issued on the Notice to Proceed unless sooner terminated under the provision hereof. The City can terminate this contract at its convenience which includes, but not limited to, funding not being available in any budget cycle with ten (10) days written notice. 2. The Vendor will provide Liquid Chlorine 150 pound cylinders, as delineated and submitted in their bid on May 06, 2015. 3. During the term of this Contract, the Vendor will furnish all of the materials and supplies, as stated in the advertised bid specifications, described as: Water Treatment Chemicals 4. The Vendor agrees to deliver all materials on an as-needed basis during the term of this contract, in a not-to-exceed maximum amount of $9,000.00 (7.5 tons A $1,200.00/ton) for Liquid Chlorine 150 pound cylinders as shown in the Bid schedule. 5. The term "Contract Documents" means and includes the following: (A)Agreement (B)Specifications (C)General Information (D)Bid (E)Addendum (F) Notice to Proceed 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. P. R. No. 19006 05/18/15 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 , 2015. WITNESS: CONTRACTOR: DXI Industries Inc. SIGNED AND AGREED to on the day of , 2015. WITNESS: CITY OF PORT ARTHUR: City Secretary City Manager DELORIS"BOBBIE"PRINCE,MAYOR -, BRIAN.MCDOUGAL DERRICK FREEMAN,MAYOR PRO TEM ;' CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. ,/ �J CITY SECRETARY TIFFANY HAMILTON l : r t m b a r MORRIS ALBRIGHT VAL TIZENO STEPHEN A.NIOSELY Ti t;:: CITY ATTORNEY WILLIE"BAE"LEWIS,JR. ROBERT E.WILLIAMSON KAPRINA RICHARDSON FRANK APRIL 20,2015 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, May 6, 2015. (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, May 6, 2015 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P15-048 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 writinz to: City of Port Arthur, TX Clifton Williams, Senior Purchasing Assistant P.O. Box 1089 Port Arthur, TX 77641 clifton.williamsgportarthurtx.gov Purchasin&Division/Finance Department J Purchasing Manager,Shawna Tubbs,CPPO,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 77641 1 409.983.8160 1 Fax 409.983.8291 The enclosed Invitation to Bid {ITB) and accompanying General Instructions, Conditions and Specifications are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope,with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Shawna Tubbs, CPPO, CPPB Purchasing Manager Page 2 of 14 CITY OF PORT ARTHUR,TEXAS iiI)`-""1-`^ ` ADDENDUM NO. ONE(1) 2trt .ric..— April 27,2015 Bid Proposal 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 THEIR SUBMISSION. Addendum as follows: Below arc questions that were received,and the answers to these questions arc in bold. 1. Is it permissible to subcontract the sampling and analyzation portion.2 lead,and 2 copper/month?I would provide the chemicals,and have a water treatment expert obtain and test the samples. Yes. 2. What locations are these samples to be taken from? Random locations if needed. 3. In reference to the statement"This treatment system is currently in compliance and the successful bidder must keep the system in compliance or this contract will be terminated." o Is City of Port Arthur personnel responsible for injecting the chemicals? Yes o If so,we need to understand our level and criteria of responsibility for keeping the system in compliance; I.e.Quality of chemicals delivered,timely samples taken with results reported ASAP. Chemical analysis provided on each load,and random lead and copper test if concerns arise. o Does keeping in compliance mean, reporting the levels and letting the City know if they are in,or out of compliance? No it means State test for lead & copper every 3 years. o Does keeping in compliance mean,the correct amount of chemicals being injected? No 4. Change the estimated quantity of chemicals for item#4 to 15,000 lbs of liquid chlorine(150 lb Cyl)and Item#5 to 100,000 lbs of Anhydrous Ammonia. 5. Replace the Bid Sheet with the attached Bid Sheet. End of Addendum If you have any questions,please contact Clifton Williams at clifton.williams(aportarthurtx.gov. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR PROPOSAL. 0 ,:, , . Clifton Williams,CPPB Senior Purchasing Assistant ly ature of Proposer Date 3 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 14 SPECIFICATIONS FOR W4 TER TREATMENT CHEMICALS FOR THE CITY OF PORT -ARTHUR UTILITY OPERATIONS DEPART ENT 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 two (2) additional one year periods. Shipments are to be made as needed. No price increases will be allowed for the first ninety (90) days during life of the contracts. The estimated quantities stated below are supplied as a basis for bidding purposes only. These quantities were estimated from past experience, and do not obligate the City to purchase these exact amounts All chemical prices shall be firm for 90 days. Thirty (30) days prior written notice must be submitted, along with market justification, for any price changes during the life of the contract. The vendor is required to submit a letter from their supplier to the City of Port Arthur showing any increase or decrease in price to the vendor by their supplier from the previous month. Officers of each company must sign this letter. If there is a price decrease to the vendor by their supplier the City will be given an equal decrease. The City reserves the right to cancel this contract with fifteen (15)days prior written notice. The City reserves the right to reject any or all bids, and to waive informalities. The City reserves the right to award all items to one responsible bidder, or to award by item. TECHNICAL SPECIFICATIONS Item No. 1 50% (by weight) Sodium Hydroxide—145 dry tons(estimated) Solution should contain approximately 6.4 lbs. of dry sodium hydroxide per gallon. It should contain nothing injurious to the health of consumers of water treated. It shall be free of any foreign material that may cause excessive clogging of strainer or flow control valve. Shipments shall be made in 4,000 to 4,500 gallon loads as ordered, by tank truck. Supplier shall be prepared to deliver under the following conditions. Water Plant storage connection consists of 2" PVC pipe with a 2" stainless steel female quick coupling. Static lift required is 20 feet, and must be blown off with transporter's compressor. The sodium hydroxide to be supplied shall conform to the American Water Works Association Standard B501-75, or the latest revision of this standard. The manufacturer or vendor shall provide an affidavit(signed by an officer of the company) acknowledging that the sodium hydroxide furnished, according to the City of Port Arthur's order, complies with all applicable requirements of AWWA Standards. Page 4 of 14 Item No. 2 25% (by weight) Sodium Hydroxide - 72 dry tons (estimated) Same conditions as item No.l, except solution should contain 3.2 lbs of dry Sodium Hydroxide per gallon. Item No.3 100% Liquid Chlorine-325 tons (estimated) in one-ton containers Shipments shall be made in lots of nine tons. Shipments are to be by truck and are to be unloaded and drums placed in position on City racks, by successful bidder. Liquid Chlorine shall conform to the latest revision of AWWA Standard B301. All ton cylinders shall be equipped with new or newly reconditioned valves meeting the Chlorine Institute standard for new valves. All newly reconditioned valves shall be reconditioned according to the Chlorine Institute's latest publication. It shall be the sole responsibility of the successful bidder to immediately remove any ton cylinder failing to meet any requirements of these specifications. The manufacturer or vendor shall provide an affidavit(signed by an officer of the company) acknowledging that the Liquid Chlorine to be furnished complies with all applicable requirements of AWWA Standards. Item No. 4 100%Liquid Chlorine-36,000 lbs. (estimated) in 150 lb. cylinders Same condition as above Item No. 3, except shipments shall be in 20 cylinder lots, and shall be unloaded by successful bidder. Item No. 5 99.995% (by weight)Anhydrous Ammonia -80,000 pounds (estimated) Ammonia shall be refrigeration (R) grade, and shall contain nothing injurious to the health of consumers of water treated. It shall be free of any foreign material that may cause excessive clogging of strainers or flow regulating devices. The City has it's own 1,460 gallon tank. Successful bidder, or bidders, must agree to enter into a contract with the City of Port Arthur. The life of the contract is to be approximately one (1) year. Prices shall be firm for the life of the contract. The City reserves the right to cancel this contract with(5) days prior written notice. Item No. 6 23-25% (available fluoride)Hydrofluosilicic Acid - 190,000 lbs. (estimated) Hydrofluorsilicic Acid shall be supplied by tank truck in 4,000 gallon loads, as ordered. Water Plant storage connections consist of 2" PVC pipe with a 2" stainless steel female quick coupling. Static lift required is 17 feet. Hydrofluosilicic Acid shall conform to AWWA Standard B703-89 or latest revision. The manufacturer or vendor shall provide an affidavit signed by an officer of the company acknowledging that the Hydrofluosilicic Acid furnished complies with all applicable requirements of AWWA Standards. Item No.7 Phosphates - 135,000 lbs (estimated) Vendor shall furnish an estimated 135,000 pounds of a 50/50 ortho/polyphosphate blend, with 36-40% total phosphate. Each bidder shall provide, with their bid, certification that their product meets these requirements. Successful bidder must provide water quality analysis to monitor and verify performance of their product during the life of the contract as follows: 1. Two (2) lead samples and two (2) copper samples may be required for the vendor to collect and analyze each month. Testing method must be one approved by the TCEQ and the EPA. This is to monitor the distribution system if any discrepancies arise. 2. This treatment system is currently in compliance and the successful bidder must keep the system in compliance or this contract will be terminated. Page 5 of 14 CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: Water Treatment Chemicals for Utility Operations BID DUE DATE: May 6,2015 ITEM# QUANTITY UOM DESCRIPTION UNIT COST 1 145 DRY TONS 50% SODIUM HYDROXIDE $426.28/DST 2 72 DRY TONS 25%SODIUM HYDROXIDE $566.23/DST 3 325 TONS LIQUID CHLORINE(TON CYL.) $ 625.00/ton 4 15,000 LBS LIQUID CHLORINE(150LB CYL.) $ 0.60/l b 5 100,000 LBS ANHYDROUS AMMOINIA $ NO BID 6 190,000 LBS HYDROFLUOSILICIC ACID $ 0.2435/wet lb * 7 135,000 LBS PHOSPHATE $ NO BID *delivery of HFS to be made 14-21 days after reciept of order. Delivery will be made 2-3 Days after Receipt of Order. DXI Industries, Inc. 1919 Jacintoport Blvd. COMPANY NAME STREET ADDRESS .�,moi PO Box 24600 fNATUREO1ER P.O. BOX Foster Herman CRY ,tx 77015 PRINT OR TYPE NAME CRY STATE ZIP Field sales representative 281 457-4848 TITLE AREA CODE TELEPHONE NO fherman@dxgroup.com 281 457-4807 EMAIL FAX NO. Page 6 of 14 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. :::me: 5 ue�� Title: �1 ScxleS Company: OXT kf\C— Date: .mon SUBSCRIBED and sworn to before me the undersigned authority by jfla the 6 of,las on • behalf of said bidder. Notary Public in and for thy' State of Texas \\�\.0N8 E V F�// My commission expires: 03 -03 u) k .•' Y PU''•.�L _ u, / rF of •'•EXPIRE`,'. ' \� '03-2io b\\\`\.. Page 7 of 14 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 1 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. APRIL 28, 2015 Fire Date PRESIDENT Authorized ignature Title R. C. KARM 713-863-1947 Name(please print) Telephone RKARM@DXGROUP.COM Email STATE: TEXAS COUNTY: HARRIS SUBSCRIBED AND SWORN to before me by the above named R. C. KARM on this the 28th day of APRIL , 2015 A e Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL MY enER state atiatiC o m Com.BT.ocsaR018 Page 8 of 14 ,111.1111, CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For Vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491,80th Leg.,Regular Session. This questionnaire is being filed in accordance with Chapter 176,Local Government Code by a person who has a business relationship as defined by Section 176.001 (1-a)with a local governmental entity and the person 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 person becomes aware of facts that require the statement to be filed. See Section 176.006,Local Government Code. A person commits an offense if the person knowingly violates Section 176.006,Local Government Code.An offense under this section is a Class C misdemeanor. 1.Name of person who has a business relationship with local governmental entity. flX1- -1-ncbs-kc\es, 2. Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than 7`h business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3.Name of a local government officer with whom filer has employment or business relationship. N/A Name of Officer This section(item 3 including subparts A,B,C,&D)must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a),Local Government Code.Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income,other than investment income,from the filer of the questionnaire? Yes I 1 No T1}A B. Is the filer of the questionnaire receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No N/A C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government Officer serves as an officer or director,or holds an ownership of 10 percent or more? Yes No I4/A D. Describe each employment or business relationship with the local government officer named in this section. 4. --.• / C /06 /aC") .:ture of.• on do •• business with the •overnmental enti Date Page 9 of 14 GENERAL INFORNIATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB,the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated,Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts Page 10 of 14 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. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601 f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes,paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. Page 11 of 14 SHIPPING INFORMATION: All bids Are to be F.0 B.. City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REOUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. Page 12 of 14 SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform airy wcrk included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage$100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less;or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10)days after execution of this Contract. Page 13 of 14 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. LIQUIDATED DAMAGES: Liquidated damages will be $150.00 per day. Page 14 of 14 P. R. No. 19006 05/18/15 Exhibit "E" PURCHASING CONTRACT AGREEMENT (Therchem Corporation) P. R. No. 19006 05/18/15 PURCHASING CONTRACT AGREEMENT THIS AGREEMENT is made this the of , 2015, by and between an individual, firm partnership or corporation, Therchem Corporation, of New Iberia, Louisiana, hereinafter called "Vendor", and the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called the "Owner" or "City". WITNESSETH: That for and in consideration of the payments, terms, conditions and agreements set forth herein, Owner and Vendor agree as follows: 1. The term of this Contract shall be for one (1) year, with an option to renew for one (1) additional year, from the date stated on the Notice to Proceed unless sooner terminated under the provision hereof. The City can terminate this contract at its convenience which includes, but not limited to, funding not being available in any budget cycle with ten (10) days written notice. 2. The Vendor will provide Anhydrous Ammonia, as delineated and submitted in their bid on May 06, 2015. 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 $69,000.00 (50 tons A $1,380.00/ton) for Anhydrous Ammonia 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. 19006 05/18/15 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 , 2015. WITNESS: CONTRACTOR: Therchem Corporation SIGNED AND AGREED to on the day of , 2015. WITNESS: CITY OF PORT ARTHUR: City Secretary City Manager DELORIS `BOBBIE"PRINCE,MAYOR BRIAN MCDOUGAL DERRICK FREEMAN,MAYOR PRO TEM ", CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY TIFFANY HAMILTON ort r t It u � MORRIS ALBRIGHT VAL TIZENO STEPHEN A.MOSELY CITY ATTORNEY WILLIE"BAE"LEWIS,JR. ROBERT E.WILLIAMSON KAPRINA RICHARDSON FRANK APRIL 20,2015 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, May 6, 2015. (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, May 6, 2015 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P15-048 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 writin,;to: City of Port Arthur,TX Clifton Williams, Senior Purchasing Assistant P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov Purchasing Division/Finance Department 1 Purchasing Manager,Shawna Tubbs,CPPO,CPPB P.O.Box 1089 441 4th Street I Port Arthur,Texas 776411 409.983.8160 1 Fax 409.983.8291 The enclosed Invitation to Bid (ITB) and accompanying General Instructions, Conditions and specifications are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract, Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Shawna Tubbs, CPPO, CPPB Purchasing Manager Page 2 of 14 IN VITATION 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 14 SPECIFICATIONS FOR W4 TER 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 two (2) additional one year periods. Shipments are to be made as needed. No price increases will be allowed for the first ninety (90) days during life of the contracts. The estimated quantities stated below are supplied as a basis for bidding purposes only. These quantities were estimated from past experience, and do not obligate the City to purchase these exact amounts All chemical prices shall be firm for 90 days. Thirty (30) days prior written notice must be submitted, along with market justification, for any price changes during the life of the contract. The vendor is required to submit a letter from their supplier to the City of Port Arthur showing any increase or decrease in price to the vendor by their supplier from the previous month. Officers of each company must sign this letter. If there is a price decrease to the vendor by their supplier the City will be given an equal decrease. The City reserves the right to cancel this contract with fifteen(15)days prior written notice. The City reserves the right to reject any or all bids, and to waive informalities. The City reserves the right to award all items to one responsible bidder, or to award by item. TECHNICAL SPECIFICATIONS Item No. 1 50% (by weight)Sodium Hydroxide—145 dry tons(estimated) Solution should contain approximately 6.4 lbs. of dry sodium hydroxide per gallon. It should contain nothing injurious to the health of consumers of water treated. It shall be free of any foreign material that may cause excessive clogging of strainer or flow control valve. Shipments shall be made in 4,000 to 4,500 gallon loads as ordered, by tank truck. Supplier shall be prepared to deliver under the following conditions. Water Plant storage connection consists of 2" PVC pipe with a 2" stainless steel female quick coupling. Static lift required is 20 feet, and must be blown off with transporter's compressor. The sodium hydroxide to be supplied shall conform to the American Water Works Association Standard B501-75, or the latest revision of this standard. The manufacturer or vendor shall provide an affidavit(signed by an officer of the company) acknowledging that the sodium hydroxide furnished, according to the City of Port Arthur's order, complies with all applicable requirements of AWWA Standards. Page 4 of 14 Item No. 2 25% (by weight) Sodium Hydroxide - 72 dry tons (estimated) Same conditions as Item Nio.1, except solution should contain 3.2 lbs of dry Sodium Hydroxide per gallon. Item No. 3 100% Liquid Chlorine-325 tons (estimated) in one-ton containers Shipments shall be made in lots of nine tons. Shipments are to be by truck and are to be unloaded and drums placed in position on City racks, by successful bidder. Liquid Chlorine shall conform to the latest revision of AWWA Standard B301. All ton cylinders shall be equipped with new or newly reconditioned valves meeting the Chlorine Institute standard for new valves. All newly reconditioned valves shall be reconditioned according to the Chlorine Institute's latest publication. It shall be the sole responsibility of the successful bidder to immediately remove any ton cylinder failing to meet any requirements of these specifications. The manufacturer or vendor shall provide an affidavit(signed by an officer of the company) acknowledging that the Liquid Chlorine to be furnished complies with all applicable requirements of AWWA Standards. Item No. 4 100%Liquid Chlorine-36,000 lbs. (estimated) in 150 lb. cylinders Same condition as above Item No. 3, except shipments shall be in 20 cylinder lots, and shall be unloaded by successful bidder. Item No.5 99.995% (by weight)Anhydrous Ammonia- 80,000 pounds (estimated) Ammonia shall be refrigeration (R) grade, and shall contain nothing injurious to the health of consumers of water treated. It shall be free of any foreign material that may cause excessive clogging of strainers or flow regulating devices. The City has it's own 1,460 gallon tank. Successful bidder, or bidders, must agree to enter into a contract with the City of Port Arthur. The life of the contract is to be approximately one (1) year. Prices shall be firm for the life of the contract. The City reserves the right to cancel this contract with(5) days prior written notice. Item No.6 23-25% (available fluoride)Hydrofluosilicic Acid - 190,000 lbs. (estimated) Hydrofluorsilicic Acid shall be supplied by tank truck in 4,000 gallon loads, as ordered. Water Plant storage connections consist of 2" PVC pipe with a 2" stainless steel female quick coupling. Static lift required is 17 feet. Hydrofluosilicic Acid shall conform to AWWA Standard B703-89 or latest revision. The manufacturer or vendor shall provide an affidavit signed by an officer of the company acknowledging that the Hydrofluosilicic Acid furnished complies with all applicable requirements of AWWA Standards. Item No.7 Phosphates- 135,000 lbs (estimated) Vendor shall furnish an estimated 135,000 pounds of a 50/50 ortho/polyphosphate blend, with 36-40% total phosphate. Each bidder shall provide, with their bid, certification that their product meets these requirements. Successful bidder must provide water quality analysis to monitor and verify performance of their product during the life of the contract as follows: 1. Two (2) lead samples and two (2) copper samples may be required for the vendor to collect and analyze each month. Testing method must be one approved by the TCEQ and the EPA. This is to monitor the distribution system if any discrepancies arise. 2. This treatment system is currently in compliance and the successful bidder must keep the system in compliance or this contract will be terminated. Page 5 of 14 Vin" , CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: Water Treatment Chemicals for Utility Operations BID DUE DATE: May 6, 2015 ITEM# QUANTITY UOM DESCRIPTION UNIT COST c 1 145 DRY TONS 50% SODIUM HYDROXIDE $ /<0 01 2 72 DRY TONS 25% SODIUM HYDROXIDE $ ,JO 5,1 3 325 TONS LIQUID CHLORINE (TON CYL.) $ N 0 6161 4 36,000 LBS LIQUID CHLORINE (150LB CYL.) $ Ai, g g., ,, ,ev 75-5 80,000 LBS ANHYDROUS AMMOINIA $ • 67 pee�QvNd 6 190,000 LBS HYDROFLUOSILICIC ACID $ /VD 301 7 135,000 LBS PHOSPHATE $ N0 ,j I i Delivery will be made a Days after Receipt of Order. / f/PfrC h e tii 52 04/ 75L+i 2 COMPANY NAME STREET ADDRESS � J. 01 Ips. J1053 IGNATURE O1ID .R P.O.BOX CL4dI (14yee, fig, Nai zt Jgi 14. 7v —PRINT OR TYPE NAME CITY STATE LIP ,g15/11A1 337- 36�- i1 f 1 11TLE AREA CODE TELEPHONE NO t _. _o C�yrce_ hdiryiq- L 1 Con EMAIL FAX NO. Page 6 of 14 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: Title: Company: Date: SUBSCRIBED and sworn to before me the undersigned authority by the of, on behalf of said bidder. Notary Public in and for the State of Texas My commission expires: Page 7 of 14 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. j i"iec ALiY! C101 . � .-/-/-C- Firm Name Date 2 4..„....k f 4:eili(e•ey '5:itA A/ ,A4-4 Authorized Signature/'� Title �+ I gad C.2 , yy&- 1 • 3.57- _44- 4191 Name(please print) Telephone i e e A-7- - Email , STATE: COUNTY: *i°i' <<' 1 Cl k SUBSCRIBED AND SWORN to before me by the above named C Ct 9 on this the ( Si' day of Akai , 20 1�, PWQcu #.S2-845 Notary ' 'lic RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 8 of 14 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For Vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by B. 1491,80th Leg.,Regular Session. This questionnaire is being filed in accordance with C pter 176, Local G, f: 1 si ent Code by a person who has a business relationship as defined by Section 176.001 (1-a)with a local gove ental entity and .e pe...on meets requirements under Section 176.006(a). By law this questionnaire must be filed with the recor administrator of he to . governmental entity not later than the 7's business day after the date the person becomes aware of facts require the statim ent tI be filed.See Section 176.006,Local Government Code. A person commits an offense if the perso owingly olates Sectio 1 6.1:6, ocal Government Code.An offense under this section is a Class C misdemeanor. 1.Name of person who •as a business r lationship th local Bove'mental e 1 tity. 2. 7 Check this box i ou are Min an update t a previously; led questionnaire. (The law re' '.• i. ou file updated co pleted questionnaire with the appropriate filing authority not later than 7th business 1., after i• date e originally led questionnaire becomes incomplete or inaccurate.) 3.Name of a local goy; i ment offic th whom fil r has employment or business relationship. Nam. of Officer This section(item 3 int uding subparts A,B,C,&D)must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001 (1-a),Local Government Code.Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income,other than investment income,from the filer of the questionnaire? Yes ❑ No B. Is the filer of the questionnaire receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes ❑ No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government Officer serves as an officer or director,or holds an ownership of 10 percent or more? 111Yes n No D. Describe each employment or business relationship with the local government officer named in this section. 4. Signature of person doing business with the governmental entity Date Yafra4/44 5-- /- 7C— Page 9 of 14 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s)deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB,the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated,Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts Page 10 of 14 owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the [TB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur,the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount,where required,of each item listed. In the event of error or discrepancy in the mathematics,the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Utility Operations, P.O. Box 1089,Port Arthur,Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders,regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest,direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes,paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. Page 11 of 14 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 :.nd clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. Page 12 of 14 SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers,agents, and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten(10)days after execution of this Contract. Page 13 of 14 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. LIQUIDATED DAMAGES: Liquidated damages will be $150.00 per day. Page 14 of 14