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PR 19009: PURCHASE OF CHLORINE DIOXIDE SERVICE FROM EVOQUA WATER TECHNOLOGIES LLC. NOT TO EXCEED $400,000.00
INTEROFFICE MEMORANDUM UTILITY OPERATIONS DEPARTMENT-ADMINISTRATION DIV. Date: July 8, 2015 To: Brian McDougal, City Manager From: Jimmie Johnson, Ph.D. Director of Utility Operations RE: Proposed Resolution No. 19009 COMMENTS RECOMMENDATION I recommend that the City Council approve Proposed Resolution No. 19009 authorizing the purchase of Chlorine Dioxide Service, as needed, from Evoqua Water Technologies LLC of Sarasota, Florida, in an amount not to exceed $400,000.00 ($0.578/lb) for the Utility Operations Department Water Purification Division over a two (2) year period. BACKGROUND Sodium Chlorite is used to produce chlorine dioxide, which is used in the disinfection of drinking water. This service contract is for a two (2) year period. The vendor must provide chlorine dioxide generators, storage, and application equipment to make the chlorine dioxide on site for use as a disinfectant, the vendor also must provide for all maintenance of this equipment and technical support. The equipment provided by the vendor operates in a very hostile chemical environment, limiting the life of the chlorine dioxide generation equipment to about three (3) years. The two (2) year service contract allows the cost of equipment to be spread over a two (2) year period by the vendor and results in lower overall cost to the City. Bids were solicited and received from the two vendors listed below on June 24, 2015, and the lowest and the best bid which meets specification is shown in bold. Vendor Unit Cost Est. Total Cost(2 Years) Evoqua Water Technologies LLC $0.578/lb $346,800.00 Sarasota,FL International Dioxide $0.6385/lb $383,000.00 North Kingstown,RI BUDGET/FISCAL EFFECT This year's bid reflects a 5% increase in the unit cost over the previous 2-year contract price. This chemical is purchased on an as-needed basis, and is charged to the Water Purification Division budget account No.-410-1252-532.29-02 (Water and Sewer Operations Budget). STAFFING/EMPLOYEE EFFECT Trained and TCEQ certified employees administer all water treatment chemicals. SUMMARY I recommend that the City Council approve Proposed Resolution No. 19009. P. R. No. 19009 07/08/15jt RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE PURCHASE OF SODIUM CHLORITE SERVICE FOR THE UTILITY OPERATIONS DEPARTMENT WITH EVOQUA WATER TECHNOLOGIES, LLC, OF SARASOTA, FLORIDA, IN A NOT TO EXCEED AMOUNT OF $400,000.00. FUNDS ARE AVAILABLE IN THE WATER PURIFICATION DIVISION ACCOUNT NO. 410-1252-532.29-02. WHEREAS, the Utility Operations Department routinely utilizes Sodium Chlorite to produce chlorine dioxide for the disinfection of drinking water at our Water Purification Plant; and, WHEREAS, the Purchasing Division has solicited such chemical, as delineated in our Purchasing Policy, and two(2)vendors submitted bids on June 24, 2015; and, WHEREAS, the bids have been evaluated by Utility Operations and Purchasing (bid tabulation attached as Exhibit A),NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the City Manager of the City of Port Arthur is hereby authorized and directed to execute, on behalf of the City of Port Arthur, a two (2) year contract between the CITY OF PORT ARTHUR and Evoqua Water Technologies LLC, for the unit prices shown in the Bid Tabulation(in substantially the same form as attached as Exhibit"A"), in a not to exceed amount of $400,000.00 over the life of this two-year contract, as shown in the contract attached as Exhibit"B"; and, THAT, the City can terminate any of these contracts at its convenience with ten (10) days written notice; and, THAT, funding for these chemicals is provided for in the Utility Operations O&M budget; and, P. R. No. 19009 07/08/15jt Page 2 of 2 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, City Secretary Brian McDougal,City Manager APPROVED AS TO FORM: (,,,te,,,,,,,,,,,i,K, 1 cia Tize I, C • ttorney Clifton Williams Acting Purchasing Manager er APPROVED AS TO AVAILABILITY OF FUNDS: iinal R. :.4, coMco I k 2 Director of Finance Jimmie Johnson,Ph.D. Account No. 410-1252-532.29-02 Director of Utility Operations P. R. No. 19009 07/08/15 Exhibit "A" (Bid Tabulation) City of _ . \\'4 City of Port Arthur Texas 40 Bid Tabulation orl Irlho r, , Purchase of Sodium Chlorite Date: June 24, 2015 International Evoqua Water Dioxcide,Inc. Technologies LLC Univar USA,Inc. DXI Industries, Inc. EST. Description QTY UOM Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Sodium Chlorite 600,000 lb $.6385 $383,100 5.578 $346,800 No Bid No Bid No Bid No Bid Acknowledged Addendum 1 and 2 Yes Yes No No Delivery by calendar days 3-5 3-5 No Bid No Bid Location North Kingstown, RI Sarasota, FL Kent, WA Houston, TX I 1/ l 6. �,v�U�4. CVO s Clifton Williams,Acting Purchasing Assistant Date P. R. No. 19009 07/08/15 Exhibit "B" (Contract) P. R. No. 19009 07/08/15jt PURCHASING CONTRACT AGREEMENT THIS AGREEMENT is made this the of , 2015, by and between an individual, firm partnership or corporation, EVOQUA WATER TECHNOLOGIES LLC, of SARASOTA, FLORIDA 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 two (2) years 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 Sodium Chlorite for the production of Chlorine Dioxide, as delineated and submitted in their bid on June 24, 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: Sodium Chlorite (for the production of Chlorine Dioxide) 4. The Vendor agrees to deliver all materials on an as-needed basis during the term of this contract, for a bid price of $.57811b. for Sodium Chlorite (for the production of Chlorine Dioxide) as shown in the Bid schedule, not to exceed $400,000.00. 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. 19009 07/08/15jt 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: EVOQUA WATER TECHNOLOGIES LLC. By: Print Name: Title: SIGNED AND AGREED to on the day of , 2015. WITNESS: CITY OF PORT ARTHUR: City Secretary Brian McDougal, City Manager DELORIS"BOBBIE"PRINCE,MAYOR r�.. BRIAN MCDOUGAL KAPRINA RICHARDSON FRANK,MAYOR PRO TEM City of CITY MANAGER COUNCIL MEMBERS: � SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY TIFFANY HAMILTON ort r t It u r MORRIS ALBRIGHT VAL TIZENO STEPHEN A.MOSELY CITY ATTORNEY WILLIE"BAE"LEWIS,JR. OSMAN SWATI DERRICK FREEMAN MAY 27, 2015 INVITATION TO BID PURCHASE OF SODIUM CHLORITE DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, June 10, 2015. (The clock located in the City Secretary's office will be the official time.) Allbidsreceived will be read aloud at 3:15 p.m. on Wednesday, June 10,2015 in the City Council Chambers, City Hall, 5th Floor, Port Arthur,TX. You are invited to attend. MARK ENVELOPE: P15-055 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 10891444 4th Street I Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291 The enclosed Invitation to Bid (ITB) and accompanying General Instructions, Conditions 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 15 CITY OF PORT ARTHUR, TEXAS SPECIFICATIONS FOR A TWO(2) YEAR SERVICE CONTRACT TO PROVIDE CHLORINE DIOXIDE GENERAL DESCRIPTION Bids are being accepted for a service contract to purchase sodium chlorite to produce chlorine dioxide. The chlorine dioxide shall be generated onsite for use as a disinfectant. The chlorine dioxide system shall be installed at the City of Port Arthur's water treatment plant. The treatment plant treats surface water from the Lower Neches Valley Authority for drinking water. The average daily flow of the treatment plant is approximately 13.5 mgd with a maximum of 20 mgd. The C102 dosage rate of the equipment must be variable from 0.25 mg/I to 3.0 mg/I (ppm) at the desired plant flow rates without loss of generator efficiency. It is estimated that we will need about 500,000 pounds per year of sodium chlorite. Bidder shall supply a list of at least four systems including names and telephone numbers of facilities wherein they have installed and are currently servicing chlorine dioxide systems. The system which is bid must be CURRENTLY accepted by all applicable regulatory agencies including the Texas Commission on Environmental Quality. SPECIFICATIONS A. The successful bidder shall supply a system for generating CHLORINE DIOXIDE as an aqueous solution from the reaction of SODIUM CHLORITE and CHLORINE GAS, the unit shall be capable of delivering the required amount of C102 at each feed point on a continuous basis, 24 hours a day, to meet the CT and TTHM requirements set by the EPA and TCEQ. B. The unit shall be properly sized, and designed specifically for the intended application set forth in the general description above. The unit shall be equipped with a flow measuring device and stream pH measuring device_with.4-20mA output signal to assist in maintaining system efficiency, and to prevent waste of plant water. Shall be equipped with loss of chlorine and/or water feed automatic shutdown. A fully equipped standby unit shall be provided. The unit shall not require pH measurement for operation. Each unit shall be provided with necessary devices to manually adjust the chlorine dioxide feed rate. C. The reaction product purity shall not be less than 95 percent C102, and the total by-products must remain lower than 1.0 mg/l(PPM), for chlorite in the distribution system at the approved sample locations at all times. D. Bidder shall supply all equipment and materials necessary to generate the solution onsite. Bidder must furnish a device for equally splitting the chlorine dioxide into two different injection points. Except for electricity, plant water at system pressure, and chlorine gas, All equipment and materials furnished shall be suitable for the application specified, and shall comply with all Federal, State, and Local codes, laws, and ordinances. E. The bidder's SODIUM CHLORITE solution must be approved and registered with the ENVIRONMENTAL PROTECTION AGENCY (EPA) and/or NSF for use in potable water systems. Bidder's own EPA registration number must be included in the bid package. The solution shall conform to: Active Ingredient: 25%(+/-1.0%by wt.)NaCl02 Inert Ingredient: 75%(+/-1.0% by wt.) H2O Page 4 of 15 Appearance: Pale yellow slightly hazy liquid Shelf Life: One (1) year, minimum Product Bulletins and Material Safety Data Sheets must be included in the bid package. F. Bidder shall supply, install, and maintain a heavy-duty chemical storage tank of at least 6,200 gallon capacity for receiving, storing, and dispensing sodium chlorite to a tank that is transparent or has a sight gauge for determining the level. Transfer pumps, at least two, shall be provided to transfer the sodium chlorite from the day tank to the generators. Bidder shall provide signage and warning of hazards in the storage and generation areas. G. Deliveries of sodium chlorite shall be via dedicated bulk trucks. If trucks are not Bidder operated, a Bidder's trained employee shall supervise all deliveries. ALL SPILLS AND LEAKAGE, REGARDLESS OF SIZE, SHALL BE PROPERLY AND IMMEDL4TELY CLEANED UP BY BIDDER'S PERSONNEL. H. Prior to installation of the system, bidder shall deliver a complete and detailed installation and operations manual, including illustrations and drawings, Material Safety Data Sheets, and other hazardous warning information. I. Bidder shall provide all necessary labor and materials for a complete installation. All work will be performed by workmen skilled and experienced in the necessary crafts. J. Bidder shall provide all necessary labor and materials to maintain the system at peak operating efficiency and safety. The bidder shall maintain a complete inventory of spare parts in local stock. All maintenance shall be performed by trained technicians, familiar and experienced with bidder's equipment. SAID TECHNICIAN SHALL BE AVAILABLE 24 HOURS A DAY, 7 DAYS A WEEK, AND SHALL RESPOND AND BE ONSITE WITHIN TWO (2) HOURS ON ANY EMERGENCY. K. He shall bring any and all replacement parts and tools with him on the first response. Bidder shall absorb all repair costs. L. Bidder shall perform routine inspections and preventative maintenance on the system as required, but not to exceed intervals of one (1) week between such inspections and preventative maintenance unless approved by Plant Superintendent or his agent. M. During each inspection, bidder's technician shall: 1. Inspect the entire chlorine dioxide system for leaks and malfunctions. 2. Analyze the generator outputs for percentage of chlorine dioxide in the product stream, free chlorine, unreacted chlorite, chlorate, and pH. (Before making any adjustments) Procedures for this analysis shall be submitted before placing the equipment in service. 3. Analyze water leaving filters, for Total and Free Chlorine, utilizing the amperometric method as outlined in Standard Methods for the Examination of Water and Wastewater, section 4500C or E, also the Chlorine Dioxide residuals at this location. 4. Check sodium chlorite pump output at various flow rates to assure efficiency if used. 5. Review plant control records to ensure maximum generator efficiency. 6. Provide initial or additional training for plant operators as required to maintain proficiency of all involved PERSONNEL. 7. Complete and submit a field service report form detailing items a-f above as a written record of services provided, and as a formal request for any changes that may be necessary. Bidder shall absorb the cost of the inspection and preventative maintenance program set out above. Page 5 of 15 N. Startup and initial training shall be provided by the bidder at no additional charge, and will include training operating PERSONNEL in the following areas: 1. Checking the equipment installation. 2. Physical properties of chlorine dioxide, chlorine, chlorite, chlorate, and/or any other chemicals used in the system. 3. Chemistry/methods of chlorine dioxide generation. 4. How to optimize generator performance. 5. Maintenance procedures. 6. Safety considerations in operations and chemical handling. 7. Sampling procedure for chlorine dioxide determinations. O. Bidder shall provide the following test, every month during, the life of this agreement. Testing must be performed using an Ion Chromatograph and the procedure listed in Dionex Corporation's Application Note 149. Bidder shall absorb all testing cost. 1. Chlorite analysis (treated water 3 samples). 2. Chlorate analysis (treated water 3 samples if needed). P. Bidder shall provide the following analysis on at least a monthly basis 1. Total organic carbon(if needed). 2. Raw water. 3. Before filters. Q. Bidder shall guarantee pricing for two years. R. Bidder shall agree to maintain equipment until product purchased from Bidders Company has been used up and the bidder is released by Plant Superintendent or his agent. S. Delivery of product shall be no more than five (5) days after notification by authorized City PERSONNEL. T. Bidder shall submit bid based on a price per pound of specified sodium chloritc solution. Price bid FOB Port Arthur. U. All bidders will be required to submit proof of qualifications, including references, names of current service PERSONNEL, EPA Registration number for sodium chlorite, laboratory qualifications, Material Safety Data Sheets, written acceptance of State Regulatory officials if account references (or no references are available) are outside of the State, and all other pertinent information related to this bid. V. Successful bidder must have C102 system operational fifteen (15) days after award of bid. W. Bidder must supply one (1) Amperometric Titrator supplied by Severn Trent Capital Controls with a spare electrode to be installed at the Water Plant. Page 6 of 15 CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: Purchase of Sodium Chlorite BID DUE DATE: June 24, 2015 ITEM # EST. QTY UOM DESCRIPTION UNIT COST TOTAL COST 1 600,000 LBS Sodium Chlorite $0.578 $346,800.00 * City will receive items in 3 - 5 calendar days after order has been placed. Evoqua Water Technologies LLC 2650 Tallevast Road COMPANY E STREET ADDRESS SIGNATURE OF BI ER P.O. BOX Jennifer R. Miller Sarasota, FL 34243 PRINT OR TYPE NAME CITY STATE ZIP Vice President & General Manager 941-359-7930 TITLE AREA CODE TELEPHONE NO municipalservices@evoqua.com 941-359-7985 EMAIL FAX NO. *Please see Attachment "B" Bid Clarifications Page 7 of 15 ,,_ evoQUA WATER TECHNOLOGIES ATTACHMENT A Exceptions 1. Page 5 of 15, Paragraph J: Evoqua shall be available 24 hours a day, 7 days a week and shall respond via telephone within two (2) hours and be onsite within four (4) hours of any emergency. 2. Page 5 of 15, Paragraph M.2: Evoqua has not included chlorate testing in the field as it is not required by the State of Texas. 3. Page 6 of 15, Paragraph 0.2: Evoqua has not included Chlorate analysis as it is not required by the State of Texas. I 2650 Tallevast Road Tel:+1(888)228-9877 Sarasota,FL 34243 USA Fax +1(941)359-7985 www.evoqua.com evo Q UA WATER TECH,NCLOGR f Attachment"B"Bid Clarifications Port Arthur,TX Indemnity. Seller shall indemnify, defend and hold Buyer harmless from any claim, cause of action or liability incurred by Buyer as a result of third party claims for personal injury, death or damage to tangible property,to the extent caused by Seller's negligence. Seller shall have the sole authority to direct the defense of and settle any indemnified claim. Seller's indemnification is conditioned on Buyer (a)promptly notifying Seller of any claim, and (b) providing reasonable cooperation in the defense of any claim. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY, SELLER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL,INCIDENTAL,SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES,AND SELLER'S TOTAL LIABILITY ARISING AT ANY TIME FROM THE SALE SHALL NOT EXCEED THE CONTRACT PRICE. THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT,TORT,STRICT LIABILITY OR ANY OTHER THEORY. 2650 Tallevast Road Tel:+1(888)228-9877 Sarasota,FL 34243 USA Fax:+1(941)359-7981 www.evoqua.com 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: kf‘J-'4---- Printed Name: Gary Sny Title: Director of Field Services Company: Evoqua Water Technologies LLC Date: 6/8/15 SUBSCRIBED and sworn to before me the undersigned authority by Gary Snyder the Director of Field Services of, Evoqua Water Technologies LLC on behalf of said bidder. (‘,71(04 4 I-eie- /9 6_ d. Notary Public in and for the CONSTSSONURTIS State of C Florida =.• > 11 MY COMMISSION Si0 EE 122060 •-Y:g—:74T EXPIRES:October 25,2015 .4.,' " Bonded ThruNotary PubllcUnderweare My commission expires: 10/25/15 Page 8 of 15 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: X I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Evoqua Water Technologies LLC 6/8/15 • Firm Name Date Director of Field Services Authorized Sig ture Title Gary Snyder 941-359-7916 Name(please print) Telephone municipalservices©evoqua.com Email STATE: Florida COUNTY: Manatee SUBSCRIBED AND SWORN to before me by the above named Gary Snyder on this the 8th day of June , 2015 . 67/6 G/H-GC ezzi. eik'Y cONsrru D.cuRns Notary Public *; _ .*; MY COMMISSION#EE 122060 �.tom. EXPIRES:October 25,2015 • `?p,'f r Bonded Tflru Ngary PuNNC Undatwi1ta% i4 . _ AFFIDAVIT AS PART OF THE BID PROPOSAL Page 9 of 15 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. Evoqua Water Technologies LLC 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. 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 businessrelationship 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 employment or business relationship with the local government officer named in this section. 4. 6/8/15 Signature of p doing busin with the governmental entity Date Page 10 of 15 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive,responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts Page 11 of 15 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 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. Page 12 of 15 SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by — giving written notice-to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. Page 13 of 15 SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The 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 hiredkehicles_ , coverage's). ----- -- -- --------- -------a=-Minimum combined single limit of$500.000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract. Page 14 of 15 NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, • the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 15 of 15 OxyChem® 10�Chengsby at Work Basic Chemicals Sales Specification Sodium Chlorite (NaCIO2) AktaKlor 25 (25% Active Sodium Chlorite) COMPONENT SPECIFICATIONS Sodium Chlorite, wt% as NaC1O2 24.25 -25.75 Sodium Chlorate, wt% as NaCIO3 0.5 max. Sodium Chloride,wt% as NaC1 3.0 max. Total Alkalinity,wt% as NaOH Q pH4 0.5 max. Hydrogen Peroxide,wt% as H202 0.01 max. Water(by difference), wt% 68 -76 TYPICAL PROPERTIES Appearance- Clear,slightly yellow liquid Turbidity, NTU 10 max Density,lb/gal @ 25°C 10.2 Typical properties are listed for information only,and are not to be considered as specification requirements. These items are not analyzed on a routine basis. Product meeting the specification test items will exhibit the listed typical properties. NSF Listed, ANSI/NSF Standard 60 (Wichita, KS/Fairmont City, IL) Meets requirements of ANSI/AWWA'B303-10 EPA Reg. No: 21164-6 CONTAINERS: Tank Trucks (stainless steel) -3400 gallon Drums -55 Gallon Plastic Drums, 565 lbs net OCC non-returnable 330 gallon tote with steel box and plastic bottle Customer provided returnable totes Form#: 644 05/2011 /4141b Important: The information presented herein, while not guaranteed, was prepared by OXY Occidental Chemical Corporation technical personnel and is true and accurate to the best of our knowledge.NO WARRANTY `i A subsidiary of Occidental Petroleum Corporation OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE,OR WARRANTY OR GUARANTY OF ANY OTHER KIND, EXPRESS OR IMPUED, IS MADE REGARDING PERFORMANCE,SAFETY,SUITABILITY,STABILITY OR OTHERWISE. This information is Basic Chemicals Group not Intended to be all-inclusive as to the manner and conditions of use,handling,storage, Occidental Tower disposal and other factors that may Involve other or additional legal,environmental,safety 5005 LBJ Freeway or performance considerations,and OxyChem assumes no liability whatsoever for the use Dallas,TX 75244 of or reliance upon this information.While our technical personnel will be happy to respond to questions,safe handling and use of the product remains the responsibility of 800-752-5151 the customer. No suggestions for use are intended as, and nothing herein shall be construed as,a recommendation to infringe any existing patents or to violate any Federal, State,local or foreign laws. Listing Category Search Page NSF. rnational Page 1 of 2 The Public Health and Safety Organization NSF Product and Service Listings These NSF Official Listings are current as of Thursday,February 26, 2015 at 12:15 a.m.Eastern Time. Please contact NSF International to confirm the status of any Listing,report errors,or make suggestions. Alert:NSF is concerned about fraudulent downloading and manipulation of website text.Always confirm this information by clicking on the below link for the most accurate information: http://info.nsf.org/Certified/PwsChemicals/Listings.asp? CompanyName=Occidental&ChemicalName=Sodium+Chlorite& NSF/ANSI 6o Drinking Water Treatment Chemicals - Health Effects Occidental Chemical Corporation Oxy Tower 5005 LBJ Freeway Dallas,TX 75244-6119 United States 972-404-3918 Facility : Fairmont City, IL Sodium Chlorite[CL] Trade Designation Product Function Max Use 31%Active Sodium Chlorite Solution Disinfection&Oxidation 22mg/L Akta Klor 15 Disinfection&Oxidation 35mg/L Akta Klor 25 Disinfection&Oxidation 22mg/L Akta Klor 37 Disinfection&Oxidation 14mg/L Akta Klor 7.5. Disinfection&Oxidation 87mg/L Technical Sodium Chlorite Disinfection&Oxidation 7mg/L Technical Sodium Chlorite Solution 18.75 Disinfection&Oxidation 35mg/L Technical Sodium Chlorite Solution 31.25 Disinfection&Oxidation 22mg/L Technical Sodium Chlorite Solution 5o Disinfection&Oxidation 14mg/L [CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid) , chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. http://info.nsf.org/Certified/PwsChemicals/Listings.asp?CompanyName=Occidental&TradeName=&Chemi... 2/26/2015 TEXAS REFERENCES Please find below a list of Evoqua Water Technologies full service chlorine dioxide customers in the State of Texas. Evoqua currently provides chlorine dioxide precursor chemicals and or service to over forty (50) municipalities in the state of Texas. Additional references can be provided upon request. 1. City of Mission Contact: Mr. Filemon Olvera (Plant Manager) Address: 2801 North Holland, TX 78572 Phone: 956-580-8788 Generators: Two Chlorine/ Chlorite Manual systems YRS Service: Since 2004 2. City of McAllen Contact: Mr. Joe Solis (Plant Manager) Address: 2801 West Expressway 83, McAllen, TX 78505 Phone: 956-681-1770 Generator: Seven Chlorine/ Chlorite Manual systems YRS Service: Since 1989 3. Brazosport River Authority Contact: Mr. Ronnie Woodruff (General Manager) Address: 1251 FM 2004, Lake Jackson, TX 77556 Phone: 979-297-2715 Generators: Two Chlorine/ Chlorite Manual systems YRS Service: Since 2000 4. City of Port Arthur Contact: Mr. Clyde J. Trahan (Plant Manager) Address: 1101 H.O. Mills Blvd, Port Arthur, TX 77640 Phone: 409-983-3846 Generators: Two Chlorine/Chlorite Manual Systems Yrs Service: Since 2009 5. City of Midlothian Contact: Mr. Ben Wilson, (Plant Manager) Address: 440 Tayman Dr., Midlothian, TX 76065 Phone: 972-775-6663 Generator: One Manual Chlorine/Chlorite Yrs Service: Since 1999 TEXAS SERVICE PERSONNEL Billy Ivy, Field Service Engineer,New Caney, TX (936) 827-5252 billy.ivy@evoqua.com Ramon Hoyeula, Field Service Engineer, Edinburg, TX (956) 330-0332 ramon.hoyuela@evoqua.corn Brad McPeak, Field Service Engineer, McKinney, TX (214) 250-4968 fames. mcpeak@evoqua.com Matt Huber, Field Engineer, Austin, TX (951) 296-6462 matthew.huber,@ evoqua.corn Jeff Wood, Service Center Manager, Cedar Park, TX (713) 208-6505 jeffrey.wood@evoqua.com Tomas Villagomez, Technical Sales Representative, Pharr, TX (956) 522-8196 tomas.villagomez@evoqua.com evoQUA V /TFR TFC 1NC)I r�C;IE 4 AFFIDAVIT OF COMPLIANCE Evoqua Water Technologies LLC Sodium Chlorite (AKTA KLOR 25), . manufactured by OxyChem (Wichita, KS) complies with A.W.W.A. B303- 05 and B303-10 specifications, including purity levels, chemical requirements, and physical requirements. In addition, the National Sanitation Foundation (NSF) International certifies OxyChem's Sodium Chlorite in potable drinking water. EPA#: 21164-6 a11111111► Jennifer R. Miller Vice President & General Manager 2650 Tallevast Road Tel.+1 (888)228.9877 Sarasota,FL 34243 USA Fax:+1(941)359.7981 www.evoqua.com Page 1 of 1 Listing Category Search Page I NSF - rnational Page 2 of 2 Facility : Wichita, KS Sodium Chlorite[CL] Trade Designation Product Function Max Use 31%Active Sodium Chlorite Solution Disinfection&Oxidation 22mg/L Akta Klor 25 Disinfection&Oxidation 22mg/L Akta Klor 7.5 Disinfection&Oxidation 87ing/L Technical Sodium Chlorite Disinfection&Oxidation 7mg/L Technical Sodium Chlorite Solution 18.75 Disinfection&Oxidation 35mg/L Technical Sodium Chlorite Solution 31.25 Disinfection&Oxidation 22mg/L Technical Sodium Chlorite Solution 50 Disinfection&Oxidation 14mg/L [CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid) , chlorine dioxide, chlorate ion, chloramine and.disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. NOTE: Only products bearing the NSF Mark are NSF Certified. Number of matching Manufacturers is 1 Number of matching Products is 16 Processing time was 1 seconds . http://info.nsf.org/Certified/PwsChemicals/Listings.asp?CompanyName=Occidental&TradeName=&Chemi... 2/26/2015 SAFETY DATA SHEET M47030 NA_EN JxyC e I I IResponsible Good Chemrsiry att Work AKTA KLOR 25 MSDS No.: M47030 Rev. Date: 26-Jun-2013 Rev. Num. 04 1. CHEMICAL PRODUCT AND COMPANY IDENTIFICATION Company Identification: Occidental Chemical Corporation 5005 LBJ Freeway P.O. Box 809050 Dallas, Tx 75380-9050 1-800-752-5151 24 Hour Emergency Telephone 1-800-733-3665 or 1-972-404-3228 (USA); CHEMTREC (within USA and Canada): Number: 1-800-424-9300; CHEMTREC (outside USA and Canada): +1 703-527-3887; CHEMTREC Contract No: CCN16186 To Request an MSDS: MSDS@oxy.com or 1-972-404-3245 Customer Service: 1-800-752-5151 or 1-972-404-3700 Synonyms: 25% Active Sodium Chlorite Solution Product Use: AKTA KLOR 25 is a registered antimicrobial pesticide (EPA Registration Number: 21164-6). It has numerous uses in potable water, food plant process water, poultry process water, CIP disinfection, oilfield water, white water paper mill systems, and industrial cooling water. Note: Not registered as a pesticide in Canada. 2. HAZARDS IDENTIFICATION **********************************k******************************,****k****************************************************************** EMERGENCY OVERVIEW: Color: Pale, yellow Physical State: Liquid Appearance: Slightly cloudy Odor: Slight chlorine odor Signal Word: DANGER MAJOR HEALTH HAZARDS: CORROSIVE. HARMFUL OR FATAL IF SWALLOWED. TOXIC IF INHALED. CAUSES SEVERE SKIN BURNS AND EYE DAMAGE. MAY CAUSE DAMAGE TO RESPIRATORY SYSTEM AND BLOOD. PHYSICAL HAZARDS: Dried material can ignite upon contact with combustibles. Print date: 26-06-2013 Page: 1 of 9 AKTA KLOR 25 M47030 NA EN MSDS No.: M47030 Rev. Date: 26-Jun-2013 Rev. Num. 04 AQUATIC TOXICITY: Harmful to aquatic life. PRECAUTIONARY STATEMENTS: Wash thoroughly after handling. Wear protective gloves, protective clothing, eye, and face protection. Do not eat, drink or smoke when using this product. Do not breathe mist, vapours, or spray. Use only outdoors or in a well-ventilated area. Avoid release to the environment. Keep container tightly closed. Store in a secure manner. Always package, store, transport and dispose of all waste and contaminated equipment in accordance with all applicable federal, state, and local health and environmental regulations. Do not contaminate with acids, reducing agents, combustible materials, oxidizing materials, hypochlorite, organic solvents and compounds, garbage, dirt, organic matter, household products, chemicals, soap products, paint products, vinegar, beverages, oils, pine oil, dirty rags, sulfur- containing rubber, or any other foreign matter. POTENTIAL HEALTH EFFECTS: Inhalation: May cause irritation (possibly severe), burns, difficulty breathing, headache, dizziness, pulmonary edema. Skin contact: May cause irritation (possibly severe) and chemical burns. Eye contact: May cause irritation (possibly severe), chemical burns, swelling of the eye and blurred vision, and blindness. Ingestion: Harmful or fatal if swallowed. May cause irritation (possibly severe) and chemical burns. See Section 11: TOXICOLOGICAL INFORMATION 3. COMPOSITION/INFORMATION ON INGREDIENTS Component Percentage CAS Number Sodium chlorite 24.2 -25.8 7758-19-2 Sodium chloride 1 -5 7647-14-5 Water 68-76 7732-18-5 4. FIRST AID MEASURES INHALATION: If adverse effects occur, remove to uncontaminated area. Give artificial respiration if not breathing. If breathing is difficult, oxygen should be administered by qualified personnel. If respiration or pulse has stopped, have a trained person administer Basic Life Support (Cardio-Pulmonary Resuscitation and/or Automatic External Defibrillator) and CALL FOR EMERGENCY SERVICES IMMEDIATELY. SKIN CONTACT: Remove contaminated clothing,jewelry, and shoes immediately. Immediately flush contaminated areas with water. Wash contaminated areas with soap and water. Thoroughly clean and dry contaminated clothing before reuse. Discard contaminated leather goods. IF IRRITATION OCCURS, GET MEDICAL ATTENTION. EYE CONTACT: Immediately flush eyes with a directed stream of water for at least 15 minutes, forcibly holding eyelids apart to ensure complete irrigation of all eye and lid tissues. Remove contact lenses, if present, after the first 5 minutes, then continue rinsing eye. Washing eyes within several seconds is essential to achieve maximum effectiveness. GET MEDICAL ATTENTION IMMEDIATELY. Print date: 26-06-2013 Page: 2 of 9 AKTA KLOR 25 M47030 NA EN MSDS No.: M47030 Rev. Date: 26-Jun-2013 Rev. Num. 04 INGESTION: Never give anything by mouth to an unconscious or convulsive person. If swallowed, do not induce vomiting. Give water. If vomiting occurs spontaneously, keep airway clear. Give more water when vomiting stops. GET MEDICAL ATTENTION IMMEDIATELY. Notes to Physician: Chlorine dioxide vapors are emitted when this product contacts acids or chlorine. If these vapors are inhaled, monitor patient closely for delayed development of pulmonary edema which may occur up to 48-72 hours post- inhalation. Following ingestion, neutralization and use of activated charcoal is not indicated. Probable mucosal damage may contraindicate the use of gastric lavage. 5. FIRE-FIGHTING MEASURES Fire Hazard: Negligible fire hazard. Avoid evaporation to dryness. Dried material can ignite upon contact with combustibles. This product may represent an explosion hazard if it contacts acids, chlorine, or organic materials (Refer to Section 10). Extinguishing Media: Use extinguishing agents appropriate for surrounding fire. Fire Fighting: Wear NIOSH approved positive-pressure self-contained breathing apparatus. Consider evacuation of personnel located downwind. Keep unnecessary people away, isolate hazard area and deny entry. Move container from fire area if it can be done without risk. Cool containers with water spray until well after the fire is out. Flood with fine water spray. Avoid inhalation of material or combustion by-products. Stay upwind and keep out of low areas. Sensitivity to Mechanical Impact: Not sensitive. Sensitivity to Static Discharge: Not sensitive. Flash point: Not applicable Hazardous Combustion Products: Chlorine, Oxides of sodium 6. ACCIDENTAL RELEASE MEASURES Occupational Release: Keep unnecessary people away, isolate hazard area and deny entry. Contain spill. Spill materials may be absorbed using nonflammable commercial absorbents. Dampen and scoop spilled material into clean, dedicated equipment. Every attempt should be made to avoid mixing spilled material with other chemicals or debris when cleaning up. Keep collected material damp and put into drums. Dispose promptly. Dried material can ignite upon contact with combustibles. Keep out of water supplies and sewers. Releases should be reported, if required, to appropriate agencies. 7. HANDLING AND STORAGE Storage Conditions: Store and handle in accordance with all current regulations and standards. Keep container properly labeled and tightly closed. Store in a cool, dry area. Store in a well-ventilated area. Store below 212 F (100 C). Avoid exposure to sunlight or ultraviolet light. Keep separated from incompatible substances (see Section 10 of the Safety Data Sheet). Print date: 26-06-2013 Page: 3 of 9 AKTA KLOR 25 M47030 NA EN MSDS No.: M47030 Rev. Date: 26-Jun-2013 Rev. Num. 04 Handling Procedures: Do not taste or swallow. Do not get in eyes, on skin, or on clothing. Avoid breathing vapors or mist when opening container. Avoid creation of vapor or mist. Wash thoroughly after handling. Use clean utensils. Do not add the product to any dispensing device containing residuals of other products. Contamination may start a chemical reaction with generation of heat, liberation of hazardous gases (chlorine dioxide a poisonous, explosive gas), and possible fire and explosion. Do not contaminate with acids, reducing agents, combustible materials, oxidizing materials, hypochlorite, organic solvents and compounds, garbage, dirt, organic matter, household products, chemicals, soap products, paint products, vinegar, beverages, oils, pine oil, dirty rags, sulfur-containing rubber, or any other foreign matter. Dried material can ignite upon contact with combustibles. 8. EXPOSURE CONTROLS / PERSONAL PROTECTION Regulatory Exposure limit(s): No occupational exposure limits have been established at this time Recommended Exposure Limit: 1 mg/m3 recommended Time Weighted Average 8 hour(internal Occupational Exposure Limit). This value is based on potential systemic effects from inhalation of sodium chlorite dust. ENGINEERING CONTROLS: Use only in well-ventilated areas. Provide local exhaust ventilation where vapors, mist or aerosols may be generated. PERSONAL PROTECTIVE EQUIPMENT: Eye Protection: Wear chemical safety goggles. Where splashing or spraying is possible, use a faceshield in addition to chemical protective goggles. Provide an emergency eye wash fountain and quick drench shower in the immediate work area. Skin and Body Protection: Wear protective clothing to minimize skin contact. Contaminated clothing should be removed and laundered before reuse. Discard contaminated leather goods. Hand Protection: Wear appropriate chemical resistant gloves Protective Material Types: Neoprene Respiratory Protection: A NIOSH approved full-face respirator equipped with N95 (dust, fume, mist) cartridges may be permissible when symptoms have been observed that are indicative of overexposure. If chlorine or chlorine dioxide is present, an acid gas cartridge is also required. An approved self-contained breathing apparatus operated in the pressure demand mode or an airline respirator with escape pack is required when an air purifying respirator is not adequate or for spills /emergencies of unknown concentrations. A respiratory protection program that meets 29 CFR 1910.134 must be followed whenever workplace conditions warrant use of a respirator. 9. PHYSICAL AND CHEMICAL PROPERTIES Physical State: Liquid Appearance: Slightly cloudy Color: Pale, yellow Odor: Slight chlorine odor Odor Threshold: No data available Molecular Weight: 90.45 Molecular Formula: NaCIO2 Boiling Point/Range: No data available Print date: 26-06-2013 Page: 4 of 9 AKTA KLOR 25 M47030 NA EN MSDS No.: M47030 Rev. Date: 26-Jun-2013 Rev. Num. 04 Freezing Point/Range: No data available Vapor Pressure: No data available Specific Gravity (water=l): 1.20 to 1.25 @ 25 C Vapor Density (air=1): No data available Density: 10.1 lbs/gal @ 25 C Water Solubility: Soluble pH: >12 @ 25 C Volatility: 68-76% by volume Evaporation Rate (ether=l): No data available Partition Coefficient(n-octanol/water): No data available 10. STABILITY AND REACTIVITY Reactivity/Stability: Stable at normal temperatures and pressures. Conditions to Avoid: Avoid heat, flames, sparks and other sources of ignition. Avoid evaporation to dryness. Dried material can ignite upon contact with combustibles. Avoid contamination with foreign materials. Avoid exposure to sunlight or ultraviolet light. Incompatibilities!Materials to Avoid: Acids, Reducing agents, Combustible material, Oxidizing agents, Hypochlorite, Organic solvents and compounds, Garbage, Dirt, Organic materials, Household products, Chemicals, Soap products, Paint products, Vinegar, Beverages, Oils, Pine oil, Dirty rags, Sulfur-containing rubber, or any other foreign matter Hazardous Decomposition Products: Chlorine dioxide is formed on contact with acids. Thermal decomposition products include chlorine and oxides of sodium. Hazardous Polymerization: Will not occur 11. TOXICOLOGICAL INFORMATION TOXICITY DATA: LD50 Oral: 389- 1800 mg/kg (Rat) LC50 Inhalation: 0.29 mg/L (4 hr-Rat) LD50 Dermal: > 2 gm/kg skin-rabbit ACUTE TOXICITY: Mist or spray may cause severe irritation of the respiratory tract with coughing, choking, pain and possibly burns of the mucous membranes. In some cases, pulmonary edema may develop. Skin contact may cause severe irritation, pain, and possibly burns. Direct eye contact may cause severe irritation, pain and burns, possibly severe, and permanent damage including blindness. Ingesting the material may cause immediate pain and severe burns of the mucous membranes. There may be discoloration of the tissues. Swallowing and speech may be difficult at first and then almost impossible. The effects on the esophagus and gastrointestinal tract may range from irritation to severe corrosion to death. Edema of the epiglottis and shock may occur. CHRONIC TOXICITY: Print date: 26-06-2013 Page: 5 of 9 AKTA KLOR 25 M47030 NA EN MSDS No.: M47030 Rev. Date: 26-Jun-2013 Rev. Num. 04 Sodium chlorite has produced hemolytic anemia in several animal species at concentrations of 100 mg/L or higher. In a sub-chronic study using rats, hematological alterations included decreased erythrocyte counts, hemoglobin levels, and hemacrit. Methemoglobin levels decreased in females, but increased in males. There is no evidence of kidney effects in humans; however, in animal studies with sodium chlorite, there is limited evidence of kidney effects. CARCINOGENICITY: This product is not classified as a carcinogen by NTP, IARC or OSHA. MUTAGENIC DATA: Sodium chlorite has tested positive in some studies. The significance of these test results for human health is unclear because the oxidizing effects of the chlorite or salting effects of sodium may significantly affect the ability of the tests to accurately detect mutagens. REPRODUCTIVE TOXICITY: There is limited evidence of male reproductive effects in animal studies. DEVELOPMENTAL TOXICITY: Observations in animal studies include decreased serum levels of thyroid hormones in offspring. 12. ECOLOGICAL INFORMATION ECOTOXICITY DATA: Aquatic Toxicity: LC50 rainbow trout = 290 mg/I as 80% NaCIO2 (96 hour) LC50 bluegill = 265-310 mg/I as 80% NaCIO2 (96 hour) LC50 Sheepshead minnow=62-90 ppm (96 hour) Invertebrate Toxicity: LC50 Daphnia Magna = 0.29 mg/L as 80% NaCIO2 (48 hour) Other Toxicity: LD50 Mallard duck = 0.49-1.00g/kg as 80% NaCIO2 (gavage) LD50 Bob White quail = 0.039-0.66 g/kg as 80% NaCIO2 (gavage) Sodium chlorite in the diet of birds was not acutely toxic. Eight-day dietary LC50's in the Mallard duck and Bob White quail were > 5,000 ppm FATE AND TRANSPORT: BIODEGRADATION: Chlorite ions are reduced by some bacteria under anaerobic conditions. PERSISTENCE: This material will eventually degrade to sodium chloride. BIOCONCENTRATION: This material will not bioaccumulate. 13. DISPOSAL CONSIDERATIONS WASTE FROM MATERIAL: Reuse or recycle if possible. Dispose in accordance with all applicable regulations. Do not put product, spilled product, or filled or partially filled containers into the trash or waste compactor. Contact with incompatible materials could cause a reaction and fire. Contact Customer Service to obtain neutralization instructions. Keep out of water supplies and sewers. May be subject to disposal regulations: U.S. EPA 40 CFR 261. Hazardous Waste Number(s): D001, D003. Print date: 26-06-2013 Page: 6 of 9 AKTA KLOR 25 M47030 NA EN MSDS No.: M47030 Rev. Date: 26-Jun-2013 Rev. Num. 04 CONTAMINATED PACKAGING: Container management: Containers are nonrefillable. Do not reuse or refill containers. Offer for recycling if available. Offer for reconditioning if appropriate. Triple rinse or pressure rinse container promptly after emptying. • Triple rinse containers 5-gallons or smaller as follows: Empty the remaining contents into application equipment or a mix tank and drain for 10 seconds after the flow begins to drip. Fill the container'/4 full with water and recap. Shake for 10 seconds. Pour rinsate into application equipment or a mix tank or store rinsate for later use or disposal. Drain for 10 seconds after the flow begins to drip. Repeat this procedure two more times. • Triple rinse containers larger than 5 gallons as follows: Empty remaining contents into application equipment or a mix tank. Fill the container 1/4 full with water. Replace and tighten closures. Tip container on its side and roll it back and forth, ensuring at least one complete revolution, for 30 seconds. Stand the container on its end and tip it back and forth several times. Empty the rinsate into application equipment or a mix tank or store rinsate for later use or disposal. Repeat this procedure two more times. • Pressure rinse as follows: Empty the remaining contents into application equipment or a mix tank and continue to drain for 10 seconds after the flow begins to drip. Hold container upside down over application equipment or mix tank or collect rinsate for later use or disposal. Insert pressure rinsing nozzle in the side of the container, and rinse about 40 PSI for at least 30 seconds. Drain for 10 seconds, after the flow begins to drip. 14. TRANSPORT INFORMATION U.S.DOT 49 CFR 172.101: PROPER SHIPPING NAME: Chlorite solution UN NUMBER: UN1908 HAZARD CLASS/ DIVISION: 8 PACKING GROUP: II LABELING REQUIREMENTS: 8 CANADIAN TRANSPORTATION OF DANGEROUS GOODS: SHIPPING NAME: Chlorite solution UN NUMBER: UN1908 CLASS OR DIVISION: 8 PACKING/RISK GROUP: II 15. REGULATORY INFORMATION U.S. REGULATIONS _ OSHA REGULATORY STATUS: This material is considered hazardous by the OSHA Hazard Communication Standard (29 CFR 1910.1200) (US) _ CERCLA SECTIONS 102a/103 HAZARDOUS SUBSTANCES (40 CFR 302.4): Not regulated. _ EPCRA EXTREMELY HAZARDOUS SUBSTANCES (40 CFR 355.30): Not regulated _ EPCRA SECTIONS 311/312 HAZARD CATEGORIES (40 CFR 370.21): Acute Health Hazard _ EPCRA SECTION 313 (40 CFR 372.65): Not regulated. _ OSHA PROCESS SAFETY(PSM) (29 CFR 1910.119): Not regulated Print date: 26-06-2013 Page: 7 of 9 AKTA KLOR 25 M47030 NA EN MSDS No.: M47030 Rev. Date: 26-Jun-2013 Rev. Num. 04 FIFRA REGULATIONS: Registered pesticide under 40 CFR 152.10, Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). EPA Reg. No. 21164-6 (Akta Klor 25) NATIONAL INVENTORY STATUS U.S. INVENTORY STATUS: Toxic Substance Control Act(TSCA): All components are listed or exempt TSCA 12(b): This product is not subject to export notification Canadian Chemical Inventory: All components are listed on either the DSL or the NDSL STATE REGULATIONS Sodium chlorite California Proposition 65 Cancer WARNING: Not Listed Massachusetts Right to Know Hazardous Substance List Listed New Jersey Right to Know Hazardous Substance List Listed New Jersey Special Health Hazards Substance List corrosive; reactive-second degree New Jersey -Environmental Hazardous Substance List Not Listed Pennsylvania Right to Know Hazardous Substance List Listed Pennsylvania Right to Know Special Hazardous Substances Not Listed Pennsylvania Right to Know Environmental Hazard List Not Listed Rhode Island Right to Know Hazardous Substance List Listed Sodium chloride California Proposition 65 Cancer WARNING: Not Listed Massachusetts Right to Know Hazardous Substance List Not Listed New Jersey Right to Know Hazardous Substance List Not Listed New Jersey Special Health Hazards Substance List Not Listed New Jersey - Environmental Hazardous Substance List Not Listed Pennsylvania Right to Know Hazardous Substance List Not Listed Pennsylvania Right to Know Special Hazardous Substances Not Listed Pennsylvania Right to Know Environmental Hazard List Not Listed Rhode Island Right to Know Hazardous Substance List Not Listed CANADIAN REGULATIONS This product has been classified in accordance with the hazard criteria of the Controlled Products Regulations and the MSDS contains all the information required by the Controlled Products Regulations WHMIS - Classifications of Substances: • D1A - Poisonous and Infectious Material; Materials causing immediate and serious toxic effects -Very toxic material • D1B - Poisonous and Infectious Material; Materials causing immediate and serious toxic effects -Toxic material • E - Corrosive material Print date: 26-06-2013 Page: 8 of 9 AKTA KLOR 25 M47030 NA EN MSDS No.: M47030 Rev. Date: 26-Jun-2013 Rev. Num. 04 16. OTHER INFORMATION Prepared by: OxyChem Corporate HESS—Product Stewardship HMIS: (SCALE 0-4)(Rated using National Paint&Coatings Association HMIS: Rating Instructions, 2nd Edition) Health: 3 Flammability: 0 Reactivity: 1 NFPA 704-Hazard Identification Ratings (SCALE 0-4) Health: 3 Flammability: 0 Reactivity: 1 Reason for Revision: • Updated 24 Hour Emergency Telephone Number: SEE SECTION 1 • Updated Canadian Regulatory information: SEE SECTION 15 • Revised Preparer Information: SEE SECTION 16 •Added/Updated Revision Log: SEE SECTION 16 • Added "End of Safety Data Sheet"phrase IMPORTANT: The information presented herein, while not guaranteed, was prepared by technical personnel and is true and accurate to the best of our knowledge. NO WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OR GUARANTY OF ANY OTHER KIND, EXPRESS OR IMPLIED, IS MADE REGARDING PERFORMANCE, SAFETY, SUITABILITY, STABILITY OR OTHERWISE. This information is not intended to be all- inclusive as to the manner and conditions of use, handling, storage, disposal and other factors that may involve other or additional legal, environmental, safety or performance considerations, and OxyChem assumes no liability whatsoever for the use of or reliance upon this information. While our technical personnel will be happy to respond to questions, safe handling and use of the product remains the responsibility of the customer. No suggestions for use are intended as, and nothing herein shall be construed as, a recommendation to infringe any existing patents or to violate any Federal, State, local or foreign laws. OSHA Standard 29 CFR 1910.1200 requires that information be provided to employees regarding the hazards of --- -- - -chemicals by means of a hazard communication program including labeling, material safety data sheets, training and access to written records. We request that you, and it is your legal duty to, make all information in this Material Safety Data Sheet available to your employees. End of Safety Data Sheet Print date: 26-06-2013 Page: 9 of 9 CITY OF PORT ARTHUR,TEXAS urt rthur ADDENDUM NO. ONE (1) June 9, 2015 Bid Proposal For: Sodium Chlorite The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows: DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, June 24, 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, June 24, 2015 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. If you have any questions, please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES. OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. • Clifton illiams, CP Actin Purchasing Manager ^1 6/19/15 Signature of Propose Date Jennifer R. Miller V.P. & General Manager Evoqua Water Technologies LLC • CITY OF PORT ARTHUR,TEXAS Cin•of :1,,r ��! r = ADDENDUM NO.TWO (2) rltrr;r June 17, 2015 Page 1 of 2 Bid Proposal For: Sodium Chlorite The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows: 1. The estimated quantity is 600,000 lbs over the two year contract period. 2. Please replace the Bid Sheet with the attached Bid Sheet. 3. Below are exceptions that were submitted that the City will accept. A. The IDI MG2 manual system uses pH to monitor, not control, the proper amount of chlorine. This ensures efficiency of the system across the chlorine dioxide production range specified by IDI, which meets the needs of the water plant as communicated of 11.5-20 MGD and a dose of 1.2-3.0 PPM. B. The system will be equipped with a 2 branch output panel that will require 100% of the generator output flow split equally between both application points. Less than 100% output would increase back pressure and compromise eduction. C. All deliveries will be supervised by others. Spills are the responsibility of others and should be responded to according to local State & Federal regulations. In the event of a spill, contact should be made with IDI as well. D. Final Electrical connection to generator by plant. All final water and chemical connections will be completed by DuPont. "Final"connections are defined as within 5'of the installed equipment. All water, chemical, and application pipes beyond 5' of the generator are the responsibility of others. Noted in equipment survey that all requirements are in place via the existing installation. E. Monthly service will be provided. Additional service visits may be needed in the event that the chlorine dioxide system has any unforeseen problems, in which a service technician will be dispatched at his/her earliest convenience. F. IDI uses a modified 4500E analytical method to test for CL02, CL02-, and excess chlorine in our generator effluent. We do not provide chlorate readings as the test lends itself to many inaccuracies and can be very subjective. G. Testing of TOC, raw water, and before the filters is not usually required per the water plant. If this was needed, IDI would be willing to send samples to a lab for testing at an additional cost. Crn of CITY OF PORT ARTHUR, TEXAS nrr r ADDENDUM NO. TWO (2) June 17, 2015 Page 2 of 2 H. Chlorine dioxide unit will be shipped ASAP after the announcement of the award. Typically, manufacturing of a unit can take 6 to 12 weeks depending on the production queue. I. IDI will supply (1) Amperomctric Titrator supplied by Severn Trent Capital Controls, However Customer is responsible for all service, Calibration, reagents and repairs of the unit. If you have any questions, please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. Clifton Williams, CPPB Acting Purchasing Manager • 6/19/15 Signature of Proposer Date