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HomeMy WebLinkAboutResolution - 2005-R0017 - Letter Of Award For Water Treatment - CIBA Specialty Chemicals Corp - 01/13/2005Resolution No. 2005 R0017 January 12, 2005 Item No. 33 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Letter of Award for water treatment chemicals for water reclamation plant — six month pricing, by and between the City of Lubbock and C113A Specialty Chemicals Corporation of Suffolk, Virginia, and related documents. Said Letter of Award is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 13th day of January , 2005. MAYOR ATTEST: Relkcca Garza, City Secretary APPROVED AS TO CONTENT: v Victor Kilm ,Purchasing Manager APPROVED AS TO FORM: Linda L. Chamales Senior Attorney/Office Practice gs/cdocs/Ltr of Award-CIBA Specialty Chemicals Corpses Dec. 22, 2004 Resolution No. 2005-R0017 January 13, 2005 Item No. 33 Office of Purchasing P.O. Box 2000 Lubbock. Texas 79457 (806) 775-2167 • Fax (806) 775-2164 January 13, 2005 F. Gary Day Ciba Specialty Chemicals Corporation 2301 Witroy Road PO Box 820 Suffolk, VA 23439-0820 RE: ITB #04-175-BM - WATER TREATMENT CHEMICALS FOR WATER RECLAMATION PLANT - SIX MONTH PRICING Dear Mr. Day: CIBA SPECIALTY CHEMICALS CORPORATION has been awarded the items noted below on the Water Treatment Chemicals for Water Treatment Plant - Six Month Pricing on your response to the City of Lubbock Invitation to Bid #04-175-BM. 1. Purchase Orders will be issued by the City of Lubbock and cover the category of items shown below, and no other, during the period beginning January 13, 2005 and ending July 12, 2005. The purchase order number must be on the invoice sent to the City of Lubbock for payment. The City of Lubbock shall not be responsible for payment of any invoices except those orders placed pursuant to this agreement. 2. Category of Items: Sludge Dewatering Polymer 59,000 lbs @ $1.30/tb 3. CIBA SPECIALTY CHEMICALS CORPORATION'S bid dated November 30, 2004, is incorporated into and made a part of this agreement. 4. Prices: As quoted. 5. All invoices shall be directed to: City of Lubbock Accounts Payable PO Box 2000 Lubbock, Texas 79457 6. The City of Lubbock reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the City of Lubbock in the event of breach or default of this agreement. The City of Lubbock reserves the right to terminate this agreement with a thirty (30) day written notice in the event CIBA SPECIALTY CHEMICALS CORPORATION fails to perform in accordance with their bid submittal dated November 30, 2004. ATTEST: Rebecca Garza City Secretary APPROVED AS TO CONTENT: Victor Kilman Purchasing Manage APPROVED AS TO FORM: �ity Attorney cc: Charles Baldwin, Water Reclamation Vendor File Resolution No. 2005-R0017 January 13, 2005 Item No. 33 ITB #04-17&BM, Water Treatment Chemicals for Water Reclamation Plant -Six Month Pricing SUBMIT TO: , CITY OF LUBBOCK I j CITY OF LUBBOCK TEXAS PURCHASING DEPARTMENT 1625 13TH STREET, RM L04 LUBBOCK, TX 79401-3830 AN EQUAL OPPORTUNITY INVITATION TO BID CONTACT PERSON: Bruce MacNair EMPLOYER # 04 175 BM TEL: 806.775.2167 FAX:806.775.2164 http://purchasing.ci.lubbock.tx.us TITLE: Water Treatment Chemicals for Water Reclamation SUBMITTAL DEADLINE: Plant -Six Month Pricing December 1, 2004 @ 2:00 P.M. CST PRE BID DATE, TIME AND LOCATION: November 16, 2004 @ 10:00 Any bids received after the time and date listed above, regardless of AM, Water Reclamation Plant Conference Room, 3603 Guava the mode of delivery, shall be returned unopened. Avenue, Lubbock, Texas RESPONDENT NAME: LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING Chemicals Corp. DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE "STATEMENT OF MC�,i�bya ASpeRcialt 1301G Wilro ' Road P.O. Box 820 NO BID". CITY - STATE - ZIP: THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND ALL BIDS IN Suffolk, VA 23439-0820 WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE IN TELEPHONE N0: THE BEST INTEREST OF THE CITY. (75 7) 538-5233 IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK FAX NO: (757) 538-5144 PURCHASING MANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS THE REQUIREMENTS STATED IN THIS ITB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE RECEIVED E-MAIL: june.garrison@cibasc.com BY THE PURCHASING MANAGER NO LATER THAN FIVE (5) BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE. FEDERAL TAX ID NO. OR SOCIAL SECURITY NO. 13-3904291 THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON ANY ADDENDA POSTED ON RFPDEPOT.COM The City of Lubbock Charter states that no officer or employee of the City can benefit from any contract, job, work or service for the municipality or be interested in the sale to the City of any supplies, equipment, material or articles purchase Will any officer or employee of the City, or member of their immediate family, benefit from the award of this bid to the above firm? YES NO IN COMPLIANCE WITH THIS SOLICITATION, THE UNDERSIGNED BIDDER HAVING EXAMINED THE INVITATION TO BID AND SPECIFICATIONS, AND BEING FAMILIAR WITH THE CONDITIONS TO BE MET, HEREBY SUBMITS THE FOLLOWING BID FOR FURNISHING THE MATERIAL, EQUIPMENT, LABOR AND EVERYTHING NECESSARY FOR PROVIDING THE ITEMS LISTED ON THE ATTACHED BID FORM AND AGREES TO DELIVER SAID ITEMS AT THE LOCATIONS AND FOR THE PRICES SET FORTH ON THE BID FORM. AN IN IVIDUAL AUTHORIZED TO BIND THE COMPANY MUST SIGN THE FOLLOWING SECTION. FAILURE TO EXECUTE THIS PORTION MAY RESULT IN BID REJECTIOIJI. By my signature I certify that this o er is made without prior understanding, agreement, or connection with any corporation, firm, business entity, or person submitting an offer for the me materials, supplies, equipment, or service(s), and is in all respects fair and without collusion or fraud. I further ee that if the offer is accept , the offeror will convey, sell, assign, or transfer to the City of Lubbock all right, title, and interest in and to all causes of ction it m or hereaf r acquire under the Anti-trust laws of the United States and the State of Texas for price fixing relating to the particular co m s) r se ce (s) rchased or acquired by the City of Lubbock. At the City's discretion, such assignment shall be made and become effective at t me City nder final payment to the vendor. Marketing Manager, North America on ed nature Title F."Gety D Print/Type Name ITS#04-175-13M.doc November 30, 2004 Date THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. ITB #04-175-BM, Water Treatment Chemicals for Water Reclamation Plant -Six Month Pricing BID FORM Water Treatment Chemicals for Water Reclamation Plant -Six Month Pricing CITY OF LUBBOCK, TEXAS ITB # 04-175-BM In compliance with the Invitation to Bid # 04-175-BM, the undersigned Bidder having examined the Invitation to Bid and Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the material, equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at the locations and for the prices set forth on this form. The Invitation to Bid # 04-175-BM is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. UNIT OF UNIT PRICE' Extended Delivery ITEM QTY MEASURE DESCRIPTION BID Cost Days a. b. C. d. e. f = b x e ARO" 1. 59,000 LB Sludge Dewatering Polymer, as specified herein. ** $ 1.30 $76, 700. 00 —7 Da 2. 36,483 GL Sodium Hypochiorite 10% Solution, as specified herein. $NO BID $ 'PRICE. F& B. City of bbock **Days After Receipt of Order (ARO) ** Ciba0'ZETA7557 TERMS: 100% Net 30 Days PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of -- %, net — calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered. INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized intertocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? Other governmental entities that might have interests in this contract are Frenship Independent School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas Municipal Power Agency, Lynn County, and City of Wolfforth. YES X NO • If you (the bidder) checked YES, the following will apply: • Govemmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity will order their own materials/service as needed. THIS BID IS SUBMITTED BY Ciba Specialty Chemicals Corporation corporation organized under the laws of the State of Delaware , or a partnership consisting of or an individual trading as of the City of Firm: Ciba Specialty Chemical Corporation Address: 2301 Wilroy Road, P.,. Box 820 City: Suffolk State: VA zip 23439-0820 M/WBE Firm: Woman Black American I Native American ,-lq7 t. /'_�I f V Hispanic Amilrican I I Asian Pacific American I I Other (SDecifvl November 30, 2004 - must sign by hand Officer ar andTitte: F. Gafy Day, Marketing Manager, North America Please Print Business Telephone Number (757) 538-5172 FAX: (757) 538-5144 IT8#04-175.8M.doc -Iov 13 04 04:44p FROM :703t71 END Robin A. Fox FAX NO. :2812M229S t2811 292-4263 P•2 Nw. 19 2984 05:22PM P1 f3/�3 M[JRFHY 1tQAp !S[If!'!ft 1K T STA TOM TMU'"4W MONS:171* 933 M FAX: M3j 133-&M HdVOWU 1 is 20" ROBIN FOX CIBA SPECIALTY CHEMICALS SO(TMWF-,ST REGIONAL. SALES MANAGER. POLL( JTION CONTROL, 2301 WILROY ROAD P.O. BOX 820 SUPPOLK, VIRGINIA 23439-0820 SUBJECT: CITY OF LUBBOCK SAMPLE (3.0% FEED SOLMS) ROBIN, WE TESTED SEVERAL DIFFERENT PRODUCTS ON THIS SLUDGE AND 71-IL PRODUCT OF CHOICE WAS YOUR ZETAG 7557. BASED ON THE TEST RESULTS, THERE SHOULD BE NO PROBLEM ATTATNTNO A CAPTURE RATE OF 95-98% AND A CAKE SAMPLE OF 18-200% SOLIDS. THIS PRODUCT LOOKS REAL GOOD ON THIS SLUDGE. IF YOU HAVE ANY QUESTIONS, PLEASE FEEL FREE TO CALL. DAVID JAMES CHEMICAL SERVICES & LASORATORIES, INC:. Ciba Specialty Chemicals NAFTA Water and Paper Treatment Waste Water Specialties & Industrial Applications Ciba® ZETAG® 7557 Flocculant Cationic Micro -Bead Polymer Ci ba Value beyond chemistry Description ZETAG 7557 is a medium molecular weight, polyacrylamide based flocculant which exhibits a high degree of cationic charge. ZETAG 7557, once hydrated in water, reacts readily to provide superior floc formation and performance in a variety of solids/liquid separation processes. ZETAG 7557 is supplied in a unique micro -bead form which renders the product free -flowing and essentially non - dusting. Principal Uses ZETAG 7557 has been designed as a flocculant for a variety of municipal and industrial waste substrates. It has been proven especially effective for conditioning these substrates for solids sedimentation, thickening, and dewatering processess. ZETAG 7557 offers greatly improved solids/liquid separation efficiencies over a wide range of pH and is available in a variety of packaging for ease of handling and safety. Typical Properties Physical form Off-white, free -flowing micro -bead Bulk density 50 lbs./ft' Particle size 10% > 765µm, 50% > 590µm, and 90% > 260µm Solution pH 3.5-5.5 Solution Viscosity See graph below Solution Viscosity vs. Solution Concentration 4000 3500 o ® 3000 'N 2500 m� m 2000 8" j 5 1500 c .D o Z 1000 m 500 0 0.00 0.20 0.40 0.50 0.8o 1.Oo 1.20 Solution Concentration (% as supplied) Page 1 of 2 Ciba Specialty Chemicals Corporation NFPA Ratina: Health: 1 HMIS Rating: Health: 1 Material Safety Data Sheet OSHA / ANSI 2003 Compliant Flammability: 1 Flammability: 1 Instability: 0 Physical Hazard: 0 Ciba ::::ti:�:.�:-•: MSDS date: 09-Nov-2004 Special Hazards: - Personal Protection: X �cuc At CM1,1iEN'IF1c�Qr� '� Product Name: ZETAG 7557 Product Number: 1957725 Chemical Family: Copolymer of a quaternary acrylate salt and acrylamide. Manufacturer/Supplier: Ciba Specialty Chemicals Corporation 2301 Wilroy Road Suffolk, VA 23434 8:30am - 5pm Phone Number: 1-757-538-3700 MSDS Request Line (voicemail): 1-800-431-2360 Customer Service/Product Information 1-800-322-3885 Emergency 24--Hourr{Health/Environmental Phone:1-800-873-1138 ,. �� ����. �� hc,�5 ., �• 4 ��it�� F ignal Word: CAUTION! hysical Form: Granular powder olor: White dor: Odorless ealth: Contact causes eye irritation. May cause respiratory irritation.. hysical Hazards: Refer to MSDS Section 7 for Dust Explosion information., Slip hazard when wet. OSHA Hazardous Substance: This material is classified as hazardous under OSHA regulations. Primary Route(s) of Entry: Ingestion, Skin, Inhalation, Eyes. 3. d4M�)'IC�N/t�OtM/t►f Et'± tGREI�IEIVl'S�' k . HAZARDOUS COMPONENTS Pagel of 7 MSDS date: 09-Nov-2004 Product Name: ZETAG 7557 Components CAS Number Weight % exanedioic acid 124-04-9 2-6 thanaminium, N,N,N-trimethyl-2-[(1-oxo-2- ronyl)o -, chloride, polymer with 2- ro enamide 69418-26-4 85-90 . FIRTAIEvMEASURg Eyes: Immediately flush the eye(s) with lukewarm, gently flowing water for 15 minutes or until the chemical is removed. Lift or retract eyelids often while flushing with water. Get immediate medical attention if irritation persists. Skin: Wash off immediately with soap and plenty of water. Get medical attention if irritation occurs. If clothing is contaminated, remove and launder before reuse. Inhalation: Remove to fresh air, if not breathing give artificial respiration. If breathing is difficult, give oxygen and get immediate medical attention. Ingestion: Do not induce vomiting. If vomiting occurs naturally, have casualty lean forward to reduce the risk of aspiration. Seek medical attention immediately. ' na HTIP, 4 I G k� Fire Fighting Measures: Standard procedure for chemical fires. Suitable Extinguishing Media: Carbon dioxide, dry chemical or foam. Fire Fighting Equipment: Wear self-contained breathing apparatus and protective suit. Unusual hazards: The product can form an explosive dust/air mixture. For further information, see Section 7 Explosion Hazards. The product is slippery when wet. Hazardous Combustion Burning may produce oxides of carbon or nitrogen. Products: a� z 6. CCIDEfVTAL�5� IVIEt1FfES= y' Cleanup Instructions: Sweep up and shovel into suitable containers for disposal. Avoid dust formation. Wear suitable protective equipment. Should not be released into the environment. Spills are very slippery. Handling: As with all industrial chemicals, use good industrial practices when handling. Avoid eye, skin, and clothing contact. Do not inhale. Do not taste or swallow. Use only with adequate ventilation. Slip hazard when wet. Storage: Keep containers tightly closed in a cool, well -ventilated place. Ciba Specialty Chemicals Corporation Page 2 of 7 MSDS date: 09-Nov-2004 Product Name: ZETAG 7557 Explosion Hazards: - Combustible powder. - Avoid creating dusty conditions. - Grounding is required when emptying into a conductive container. - When flammable solvents are present, the container must be inerted or the system otherwise designed to prevent or contain an explosion. Seek expert advice. In addition, for products packaged in fused -lined (coated) fiber drums, fiber drums with conductive liners, steel drums, steel pails, and Type "C" FIBC (bulk bags), or other conductive the following instructions also apply: - Always ground this package before emptying. The user is responsible for designing the system to handle solid and ensuring proper training of employees in the system's use. For Industrial Use Only CPSR CC�CS f P1FfC TE"YIQ�F Exposure Guidelines: Components OSHA PEL OSHA STEL ACGIH TWA ACGIH STEL Ciba/ Manufacturer IEL: Hexanedioic acid 5 mg/m3 124-04-9 Personal Protectiv Eye/Face Protection: Wear safety glasses or goggles to protect against dust particles. Skin Protection: Wear chemical resistant gloves and protective clothing. Respiratory Protection: Use NIOSH approved respirator as needed to mitigate exposure. Engineering Controls: Work in well ventilated areas. Do not breathe dust. Other Protective Equipment: Eye wash station and safety shower should be available in immediate work area. Select additional protective equipment based upon potential for exposure. Physical Form: Color: Odor: Freezing/Melting Point: Solubility in water: Vapor Density: Vapor Pressure: Density: Specific Gravity: pH: Percent Volatile: VOC: Partition Coefficient (OctanolMater): Granular powder White Odorless. Not determined Soluble, solubility limited by viscosity Not applicable Not applicable Not determined 0.75 3.8 (1 % solution) Not determined Not determined Not determined Ciba Specialty Chemicals Corporation Page 3 of 7 MSDS date: 09-Nov-2004 Product Name: ZETAG 7557 Decomposition Temperature: Not determined Flammability Limits in Air: Flash point: Not applicable Test Method (for Flash Point): Not applicable Stability: Stable. Conditions to Avoid: Avoid static discharges and sources of ignition. Incompatibility: Strong oxidizing agents. Hazardous Decomposition No decomposition expected under normal storage conditions. Products: Possibility of Hazardous None expected. Reactions: r3:. d �n'i SY y.�zz�j ■■■■ O Ai� ■y.�� .�j{/�� yp }, [�,■FO 3' 3'sw"g+mi'i .0 fiy`'�'+5' 2■■ �♦Y ��.lt���1.� xr'°,atrX �y`.:;F �� s: O ���tf'7 .:�` ,x - '. .a; i..3 k� .:'T� $., ,� � TT-��,x.x ,.. � i! ■ „ s.. , xr �4 u�."+iri Acute Oral Toxicity: > 2000 mg/kg LD50: (Rats) (based on similar product) Acute Dermal Toxicity: Not determined Acute Inhalation Toxicity: Not determined Eye Irritation: (Rabbits) moderate Skin Irritation: Not determined Skin Sensitization: Not determined Carcinogenicity (IARC; NTP; None of the components in this product at concentrations greater than 0.1 % are OSHA; ACGIH): listed by IARC; NTP, OSHA or ACGIH as a carcinogen. Carcinogenicity Studies: Not listed as a carcinogen by IARC, NTP, OSHA, or ACGIH. Mutagenicity: No data for product. No effects anticipated. Reproductive Toxicity: No data for product. No effects anticipated. Teratogenicity: No data for product. No effects anticipated. Neurotoxicity: Not determined Subacute Toxicity: Subchronic Toxicity: Chronic toxicity: Absorption / Distribution / Excretion / Metabolism: Not determined Not determined Not determined Not determined Ciba Specialty Chemicals Corporation Page 4 of 7 MSDS date: 09-Nov-2004 Additional Information: Not determined K 1G�LOGIAL [N�ATfON 3 _ . Toxicity to Fish: Toxicity to Invertebrates: Toxicity to Algae: Toxicity to Sewage Bacteria: Not determined Not determined Not determined Not determined Activated Sludge Respiration Not determined Inhibition Test: Biochemical Oxygen Demand 990 000 ppm (BOD): Chemical Oxygen Demand (COD):170 000 ppm Total Oxygen Demand (TOD): Not determined Biodegradability: Not determined Bioaccumulation: Not determined Product Name: ZETAG 7557 Additional Environmental Data: This product contains cationic polymer(s) that may be toxic to aquatic organisms when tested in pure (distilled) water. Toxicity is greatly reduced by particles in natural water. nr��osALct0EaATto�+ts Waste Disposal: Dispose in accordance with local, state, provincial and federal regulations. U.S. Department of Transportation (DOTE Not regulated for this mode of transport. International Maritime Dangerous Goods (IMDG): Not regulated for this mode of transport. International Air Transportation Authority (IATA): Not regulated for this mode of transport. Ciba Specialty Chemicals Corporation Page 5 of 7 MSDS date: 09-Nov-2004 Federal Regulations Product Name: ZETAG 7557 OSHA Hazardous Substance: This material is classified as hazardous under OSHA regulations Clean Air Act -Hazardous Air Pollutants (HAP): This product contains the following Hazardous Air Pollutants (HAP), as defined by the U.S. Clean Air Act Section 112 (40 CFR 61). Components CAA Section 112 Statutory Hazardous Air Pollutants -propenamide 9-06-1 Listed. Clean Air Act - Volatile Organic Compounds (VOC): This product contains the following SOCMI Intermediate or Final Volatile Organic Compounds (VOC), as defined by the U.S. Clean Air Act Section 111 (40 CFR 60.489). Components CAA Section 111 Volatile Organic Compounds exanedioic acid Listed. 124-04-9 -propenamide Listed. 9-06-1 Clean Air Act -Ozone Depleting Substances (ODS): This product neither contains, nor was manufactured with, a Class I or Class I I ozone depleting substance (ODS), as defined by the U.S. Clean Air Act Section 602 (40 CFR 82, Subpt. A, App. A+B). Clean Water Act - Priority Pollutants (PP): This product does not contain any priority pollutants listed under the U.S. Clean Water Act Section 307 (2)(1) Priority Pollutant List (40 CFR 401.15). Resource Conservation and Recovery Act (RCRA): Not hazardous waste under RCRA (40 CFR 261.21). SARA Section 302 Extremely Hazardous Substances (EHS): This product contains the following component(s) regulated under Section 302 (40 CFR 355) as Extremely Hazardous Substances. om onents Section 302 Extremely Hazardous Substances EHS -propenamide 9-06-1 0.0999 Listed. SARA Section 304 CERCLA Hazardous Substances: This product contains the following component(s) regulated under Section 304 (40 CFR 302) as hazardous chemicals for emergency release notification ("CERCLA" List). Components Section 304 CERCLA CERCLA Reportable Hazardous Substances Quantity exanedioic acid Listed. 5000 LBS 124-04-9 2-6 % -propenamide Listed. 5000 LBS 9-06-1 (0.0999 SARA Section 311/312 Hazard Communication Standard (HCS): Acute (immediate) health hazard. SARA Section 313 Toxic Chemical List (TCL): This product does not contain any component(s) listed on the Section 313 Toxic Chemical List. Ciba Specialty Chemicals Corporation Page 6 of 7 MSDS date: 09-Nov-2004 Product Name: ZETAG 7557 TSCA Section 8(b) Inventory Status: All component(s) comprising this product are either exempt or listed on the TSCA inventory. TSCA Section 5(e) Consent Orders: This product is not subject to a Section 5(e) Consent Order. TSCA Significant New Use Rule (SNUR): This product is not subject to a Significant New Use Rule (SNUR). TSCA Section 5(f): This product is not subject to a Section 5(f)/6(a) rule. TSCA Section 12(b) Export Notification: This product does not contain any component(s) that are subject to a Section 12(b) Export Notification State Regulations California Proposition 65: This product contains the following component(s) currently on the California list of Known Carcinogens and Reproductive Toxins. Components California Proposition 65 -propenamide 79-06-1 Carcinogenic. Pennsylvania Right -To -Know: This product contains the following component(s) which are subject to Pennsylvania Right -to -Know disclosure requirement. Components CAS Number Pennsylvania Right -to -Know exanedioic acid 124-04-9 Listed. Environmental hazard. Water 7732-18-5 Not Listed. thanaminium, N,N,N-trimethyl-2-[(I-oxo-2-propenyl)oxy]-, chloride, polymer with 2- ro enamide 69418-26-4 Not Listed. International Regulations Chemical Weapons Convention (CWC): This product does not contain any component(s) listed under the Chemical Weapons Convention Schedule of Chemicals. Domestic Substance List (DSL) Status: All components are listed on the DSL. '�1;•. '� 4 * 9 x GxL Vi 0���� �l V.ff*� PV Product Safety & Regulatory (PS&R) contact: Frances Knight (757) 538-5126 Disclaimer: The information contained herein is based upon data believed to be correct. However, no guarantee or warranty of any kind, expressed or implied, is made with respect to such data or information. The user is responsible for determining whether the product is suitable for its intended conditions of use. Ciba Specialty Chemicals Corporation Page 7 of 7 For Industrial Use ONLY. ZETAG 7557 lRead MSDS prior to using produ( PRECAUTIONARY MEASURES: I Chern rec: 38 CAUTION1 Chemtrec: 1-800-424-9300 As with all industrial chemicals, use good industrial practices when handling. Avoid eye, skin, and clothing contact. Do not inhale. Do not taste or swallow. Use only with adequate ventilation. Slip hazard when wet. Contact causes eye irritation May cause respiratory irritation. FIRST AID: EYES: Immediately flush the eye(s) with lukewarm, gently flowing water for 15 minutes or until the chemical is removed. Lift or retract eyelids often while flushing with water. Get immediate medical attention if irritation persists. SKIN: Get medica I attention if irritation occurs. If clothing is contaminated, remove and launder before reuse. Wash off immediately with soap and plenty ofwater. INGESTION: Do not induce vomiting. If vomiting occurs naturally, have casualty lean forward to reduce the risk of aspiration. Seek medical attention immediately. INHALATION: Remove to fresh air, if not breathing give artificial respiration. If breathing is difficult, give oxygen and get immediate medical attention. FIRE FIGHTING MEASURES: Wear sell -contained breathing apparatus and protective suit. Standard procedure for chemical fires. STORAGE INFORMATION: Keep containers tightly closed in a cool, well -ventilated place. SPILL MEASURES: Avoid dust formation. Should not be released into the environment. Spills are very slippery. Sweep up and shovel into suitable containers for disposal. Wear suitable protective equipment. Ciba Specialty Chemicals Corporation Component(s) 2301 Wilroy Rd. CAS#124-04.9 Hexanedbk acid P.O. Box 820 CAS# 69418.26� Ethanaminium, N,N,N-trimethy62-[(1-oxo-2-propenNbxyj-, chloride, polymer with 2-propenamlde Suffolk, VA 23434 CAS#7732.185 Water 8am to 5 pm Phone: (757) 538-3700 Made in U.S.A. NOT A DOT/IMO HAZARDOUS Mi I REACTIVITY Package No.: 1 Lot # Gross Wt.: 0.000 Lbs / 0.000 Kg Net Wt. : Lbs / 0.000 Kgs For Industrial Use ONLY. ZE 1�j" AG 7557 Read MSDS prior to using product PRECAUTIONARY MEASURES: Chem873-1138 hemtrec: CAUT I O N I 1-800-424-9300 As with all industrial chemicals, use good industrial practices when handling. Avoid eye, skin, and clothing contact. Do not inhale. Do not taste or swallow. Use only with adequate ventilation. Slip hazard when wet. Contact causes eye irritation May cause respiratory irritation. FIRST AID: EYES: Immediately flush the eye(s) with lukewarm, gently flowing water for 15 minutes or until the chemical is removed. Lift or retract eyelids often while flushing with water. Get immediate medical attention if irritation persists. SKIN: Get medical attention if irritation occurs. If clothing is contaminated, remove and launder before reuse. Wash off immediately with soap and plenty of water. INGESTION: Do not induce vomiting. If vomiting occurs naturally, have casualty lean forward to reduce the risk of aspiration. Seek medical attention immediately. INHALATION: Remove to fresh air, if not breathing give artificial respiration. If breathing is difficult, give oxygen and get immediate medical attention. FIRE FIGHTING MEASURES: Wear self-contained breathing apparatus and protective suit. Standard procedure for chemical fires. STORAGE INFORMATION: Keep containers tightly closed in a cool, well -ventilated place. SPILL MEASURES: Avoid dust formation. Should not be released into the environment. Spills are very slippery. Sweep up and shovel into suitable containers for disposal. Wear suitable protective equipment. Ciba speclalty chemicals corporation I uomponent(s) 2301 Wllroy Rd. cA5# 124-64-9 Hexa-diolo xid P.O.Box 820 CAS#69418.264 Elhanaminium, N;N,N-trimelhyb2-[(f-o 2-propenyl)Dxyj-, chloride, polymer wxh 2-propenamde Suffolk, VA 23434 CAS#7732-1&5 Water NOT A DOT/IMO HAZARDOUS MATERIAL 1 REACTIVITY Package No.: I Lot # Gross Wt.: 0.000 Lbs / 0.000 Kg; Net Wt. : Lbs / 0.000 Kgs 8am to 5 pm Phone: (757) 538-3700 Made in U.S.A. Ciba Specialty Chemicals Corporation USA Ciba ZETAG 7557 TOTAL SOLIDS: 100% ACTIVE SOLIDS: 90% (MOISTURE FROM AIR) Although we do not routinely measure active solids for our dry products, the following procedure can be used to better determine this value. 1) Weigh an aluminum dish to four decimal places using an analytical balance. Record weight. This is weight (D). 2) Tare dish. 3) Weigh out approx 2g of dry polymer into dish. Record weight to four decimal places. This is weight (S). 4) Dry for two hours in a 110C oven. 5) Remove from oven, allow sampe to cool, and weigh dish and sample. Record weight to four decimal places. This is weight (DS). 6) Repeat steps 1-5 for another sample. 7) Calculate active solids (A) using the following: A = (DS-D)/S x 100. 8) Average the two results. Typically, the value is in the 90-95% range. 2301 Wilroy Road P.O. Box 820 Suffolk, VA 23439-0820 Tel. 757 538 3700 Fax 757 538 3989 www.cibasc.com Value beyond chemistry Ciba Specialty Chemicals Corporation USA Ciba November 30, 2004 CITY OF LUBBOCK Purchasing Department Room L04, Municipal Building 1625 13`h Street Lubbock, TX 79401 ATTENTION: Mr. Bruce MacNair Senior Buyer RE: Dear Mr. MacNair: Our manufacturing facility for the product being bid, Ciba® ZETAG® 7557, is located at 2301 Wilroy Road, Suffolk, VA. We certify that we are the manufacturer of ZETAG® 7557 and we guarantee the supply of said product to the City's Wastewater Treatment Plant for the full term of the contract period. We will comply with all specifications as described in the bid document. Our product will be manufactured, packaged and shipped directly from Suffolk, VA to the City's Wastewater Treatment Plant. Our facility is available for inspection upon request. F.rary DaVanager arketing North America jsg 2301 Wilroy Road P.O. Box 820 Suffolk, VA 23439-0820 Tel. 757 538 3700 Fax 757 538 3989 www.cibasc.com Value beyond chemistry �. Ciba Specialty Chemicals Corporation USA X. Ci ba .. .... CERTIFICATE OF INCUMBENCY AND AUTHORITY I, Mark H. Mapp, do hereby certify that (i) I am the duly elected, qualified and acting Assistant Secretary of Ciba Specialty Chemicals Corporation, a Delaware corporation, Water and Paper Treatment segment (the "Contractor"); (ii) each of the persons whose name, title and signature appear below is a duly authorized representative of the Contractor and holds on the date of this Certificate the title(s) set forth opposite his/her name; (iii) the signature appearing opposite each such person's name is his/her genuine signature; (iv) each such representative is duly authorized for and on behalf of the Contractor to execute and deliver ITB #04- 175-BM, for the provision of Water Treatment Chemicals for Water Reclamation Plant -Six Month Pricing to the City of Lubbock, TX. The City of Lubbock, TX (the "City"), and all amendments, agreements, documents, and instruments in connection therewith, including without limitation, schedules, riders, and acceptance certificates, and any agreements related thereto ("Schedules"); and (v) the execution and delivery of any such Schedules for and on behalf of the Contractor are not prohibited by or in any manner restricted by the terms of the Contractor's Certificate or Articles of Incorporation, By -Laws or other document pursuant to which it is organized or of any loan agreement, indenture or contract to which the Contractor is a party or by which it or any of its property is bound. I do further certify that the foregoing authority shall remain in full force and effect, and City shall be entitled to rely upon same, until written notice of the modification, rescission, or revocation of same, in whole or in party, has been delivered to City, but in any event, shall be effective with respect to any documents executed or actions taken in reliance upon the foregoing authority prior to the delivery to City of said written notice of said modification, rescission or revocation. NAME OF AUTHORIZED TITLE OF AUTHORIZED SIGNATORY SIGNATORY F. Ggy Day Marketing Manager North America SIGNATURE OF AUTHORIZED IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Contractor this 30th day of November, 2004. Ciba Sp ialty Ch cals Corporation By: Mark H. a Title: Assistant Secretary 2301 Wilroy Road P.O. Box 820 Suffolk, VA 23439-0820 Tel. 757 538 3700 fax 757 538 3989 www.cibasc.com Value beyond chemistry City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13TH STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ci.lubbock.bc.us DATE ISSUED: CLOSE DATE: ITB #04-175-BM, Addendum #1 ADDENDUM # 1 ITB #04-175-BM Water Treatment Chemicals for Water Reclamation Plant -Six Month Pricing November 22, 2004 December 1, 2004 © 2:00 P.M. CST The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. In Section I. INSTRUCTIONS TO BIDDERS, paragraph 22, CONTRACT TERM AND PRICING, CHANGE sub- paragraph 22.1 to read as follows: 22.1 The contract shall be for a term of six -months, said date of term beginning upon City Council date of formal approval. The City and contractor may, upon written mutual consent, extend the contract for up to three additional six-month periods. The rates may be adjusted upward or downward at this time at a percentage not to exceed the effective change in the consumer price index (CPI) or product price index, whichever is most appropriate for the specific contract for the previous six (6) months. At the City's discretion, the effective change rate shall be based on either the local or national index average rate for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Senior Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806) 775-2164 or Email to bmacnair@mylubbock.us THANK YOU, CITY OF LUBBOCK Bruce MacNair Senior Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to advise the City of Lubbock PurchasinR_Manaeer if any laneuaee, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a sinele source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. ITB#04-175-BMAd1 ITS #04-175-SM, Water Treatment Chemicals for Water Reclamation Plant -Six Month Pricing BID FORM Water Treatment Chemicals for Water Reclamation Plant -Six Month Pricing CITY OF LUBBOCK, TEXAS ITB # 04-175-BM In compliance with the Invitation to Bid # 04-175-BM, the undersigned Bidder having examined the Invitation to Bid and Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for fumishing the material, equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at the locations and for the prices set forth on this form. The Invitation to Bid # 04-175-BM is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. UNIT OF UNIT PRICE' Extended Delivery ITEM QTY MEASURE DESCRIPTION BID Cost Days a. b. C. d, e. f = b x e ARO"' 1. 59,000 LB Sludge Dewatering Polymer, as specified herein. $ $ 2. 36,483 GL Sodium Hypochlorite 10% Solution, as specified herein. $ $ `PRICE: F.O.B. City of Lubbock "Days After Receipt of Order (ARO) PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of %, net _ calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered. INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocat purchasing agreements as provided for by the interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she wilt honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? Other governmental entities that might have interests in this contract are Frenship Independent School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas Municipal Power Agency, Lynn County, and City of Wolfforth. YES NO • If you (the bidder) checked YES, the following will apply: • Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by govemmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each govemmental entity will order their own materials/service as needed. THIS BID IS SUBMITTED BY a corporation organized under the laws of the State of , or a partnership consisting of trading as Firm: City: M/WBE Firm: of the City of Black American Native American I I Asian Pacific American Other By Date: Authorized Representative - must sign by hand Officer Name and Please Print or an individual Business Telephone Number. ITB#04-175•BM.doc ITB #04-175-BM, Water Treatment Chemicals for Water Reclamation Plant -Six Month Pricing Water Treatment Chemicals for Water Reclamation Plant -Six Month Pricing CITY OF LUBBOCK, TEXAS ITB # 04-175-BM THE CITY OF LUBBOCK APPRECIATES YOUR TIME AND EFFORT IN PREPARING YOUR BiD. ALL BIDDERS SHOULD FAMILIARIZE THEMSELVES WITH THE FOLLOWING INSTRUCTIONS TO BIDDERS, GENERAL CONDITIONS, AND ATTACHED SPECIFICATIONS. I. INSTRUCTIONS TO BIDDERS BID DELIVERY, TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Water Treatment Chemicals for Water Reclamation Plant -Six Month Pricing per the attached specifications. Sealed bids will be received no later than 2:00 p.m. CST, December 1, 2004, if date/time stamped on or before 2:00 P.M. at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. EACH BID AND SUPPORTING DOCUMENTATION MUST BE IN A SEALED ENVELOPE OR CONTAINER PLAINLY LABELED IN THE LOWER LEFT-HAND CORNER: "ITB #04-175-BM, Water Treatment Chemicals for Water Reclamation Plant -Six Month Pricing" AND THE BID OPENING DATE AND TIME. BIDDERS MUST ALSO INCLUDE THEIR COMPANY NAME AND ADDRESS ON THE OUTSIDE OF THE ENVELOPE OR CONTAINER. Bids must be addressed to: Victor Kilman, Purchasing Manager City of Lubbock 1625 13th Street, Room L-04 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. The City of Lubbock assumes no responsibility for errant delivery of bids, including those relegated to a courier agent who fails to deliver in accordance with the time and receiving point specified. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. The Bid Form must be completed in blue or black ink or by typewriter. 1.4 Bids may be withdrawn prior to the above scheduled time set for closing of the bids. Bids CANNOT be withdrawn, altered or amended after bid closing. Alteration made before bid closing must be initiated by bidder guaranteeing authenticity. 1.5 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2 -PRE-BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a pre - Conference Room 3603 Guava Avenue Lubbock Texas. All persons attending the conference will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre - bid meeting to bidders who do not attend the pre -bid meeting. IT13#04-175-13M.doc 4 iTB #04-175-BM, Water Treatment Chemicals for Water Reclamation Plant -Six Month Pricing 5 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 5.1 Each bidder shalt carefully examine all ITB documents and thoroughly familiarize itself with all requirements prior to submitting a bid to ensure that the goods and/or services being bid meet the intent of these specifications. 5.2 Before submitting a bid, each bidder shalt be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the invitation to Bid. 6 BID SUBMITTAL 6.1 BIDDERS MUST SUBMIT THE ORIGINAL AND ONE COPY OF THE SEALED BID TO THE PURCHASING DEPARTMENT PRIOR TO RESPONSE DUE DATE(TMME. FAILURE TO SUBMIT THE ADDITIONAL COPY MAY RESULT IN THE BID BEING DECLARED UNRESPONSIVE TO SPECIFICATION AND MAY NOT BE FURTHER EVALUATED. The original must be clearly marked "ORIGINAL" and the copy must be clearly marked "COPY". 6.2 Bids must be submitted on the Bid Form and the Bidder must sign and date their bid in the space provided. Identify the item bid, including brand name and model number, if applicable. Enter unit price, extended cost, and delivery days in the columns provided. In the event of discrepancies in extension, the unit price shall govern. THE BID FORM MUST BE COMPLETED IN BLUE OR BLACK INK OR BY TYPEWRITER. 6.3 The City is exempt from Federal Excise, State Sales and Transportation taxes. TAX MUST NOT BE INCLUDED IN BID. Tax exemption certificates will be executed by the Purchasing Manager upon request. 6.4 Any information regarding warranties and/or maintenance agreements pertaining to said bid item(s) are to be included in the bid. 6.5 Bids will not be considered unless bid F.O.B. delivered and include all delivery and packaging costs. The number of calendar days required to place the materials in the City's receiving point under normal conditions must be shown on the Bid Form. DO NOT quote shipping dates. Failure to indicate delivery days on the Bid Form wit( obligate Bidder to complete delivery in two weeks. A minimum of five days better delivery will automatically break a tie bid. Unrealistically short or undue long delivery promises may cause bid to be disregarded. Consistent failure of a bidder to meet delivery promises without a valid reason may cause removal from the bid list. 6.6 Bid prices must be firm for a minimum period of sixty (60) days. Bids subject to price increases will not be considered. 6.7 All bids, responses, inquiries, or correspondence relating to or in reference to this ITB, and all reports, charts, and other documentation submitted by bidders shalt become the property of the City of Lubbock when received. 6.8 If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. 6.9 LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. ITB#04-175-BM.doc 6 rrB #04-175-BM, Water Treatment Chemicals for Water Reclamation Plant -Six Month Pricing for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 12 AUTHORIZATION TO BIND SUBMITTER OF BID 12.1 Bids must show vendor name and address of bidder. Bids must be manually signed by an officer of the company authorized to bind the submitter to its provisions. Person signing bid must show title or AUTHORITY TO BIND THEIR FIRM IN A CONTRACT. Failure to manually sign bid will disqualify it. 12.2 The bid submitted by the bidder shalt become an integral part of the contract between the City and the Bidder and the representations, covenants, and conditions therein contained shall be binding upon the person, firm or corporation executing the same. 13 BID AWARD 13.1 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides goods or services at the best value for the City of Lubbock. In determining the best value for the City of Lubbock, the City may consider: a) The purchase price; b) The reputation of the of the bidder and of the bidder's goods or services; c) The quality of the bidder's goods or services; d) The extent to which the goods or services meet the City's needs; e) The bidder's past relationship with the City; f) The impact on the ability of the City to comply with laws and rules relating to contracting with Historically Underutilized Businesses and non-profit organizations employing persons with disabilities; g) The total long-term cost to the City to acquire goods or services; and h) Any relevant criteria specifically listed in the Invitation to Bid. 13.2 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City may award the bid either item -by -item or on an all -or -none basis for any item or group of items shown on the Bid Form. 13.3 All bids are evaluated for compliance with specifications before the bid price is considered. Failure to comply with the listed General Conditions may result in disqualification of bid. 13.4 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding on any commodity could be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 13.5 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 13.6 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 13.7 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR m3#04-175-11MAX 8 ITB #04-175-BM, Water Treatment Chemicals for Water Reclamation Plant -Sic Month Pricing three percent (3%) of the lowest bid price received by the City from a bidder who is not a resident of the City of Lubbock, the City may enter into a contract with: (1) the lowest bidder; or (2) the bidder whose principal place of business is in the City of Lubbock if the City Council determines, in writing, that the local bidder offers the City the best combination of contract price and additional economic development opportunities for the City of Lubbock created by the contract award, including the employment of residents of the City of Lubbock and increased tax revenues to the City of Lubbock. 16.2 In order to receive consideration, bidders must submit an Affidavit of Eligibility. 17 QUALIFICATIONS OF BIDDERS 17.1 The Bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that the Bidder or his Subcontractor has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The Bidder may also be required to give a past history and references in order to satisfy the City of Lubbock in regard to the Bidder's or his Subcontractor's qualifications. 17.2 The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the Bidder or his Subcontractor to perform the work, and the Bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the Bidder fails to satisfy the City of Lubbock that the Bidder or his Subcontractor is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the Bidder's or his Subcontractor's qualifications shalt include: a) The ability, capacity, skill, and financial resources to perform the work or provide the service required; b) The ability of the Bidder or his Subcontractor to perform the work or provide the service promptly or within the time specified, without delay or interference; c) The character, integrity, reputation, judgment, experience, and efficiency of the Bidder or his Subcontractor; d) The quality of performance of previous contracts or services. 18 ANTI -LOBBYING PROVISION 18.1 DURING THE PERIOD BETWEEN BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY. 18.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. 19 UTILIZATION OF LOCAL BUSINESS RESOURCES 19.1 The City desires, as much as practicable, to stimulate growth in all sectors of the local business community. Bidders are strongly encouraged to explore and implement methods for the utilization of local resources. ITB#04-175-BM.doc 10 ITB #04-175-BM, Water Treatment Chemicals for Water Reclamation Plant -Six Month Pricing II. GENERAL CONDITIONS **** PLEASE READ CAREFULLY **** These General Conditions apply to all bids and become a part of the terms and conditions of any bid submitted. The City shalt mean the City of Lubbock. Quantities: The quantities appearing in this Invitation to Bid are approximate only and the City reserves the right to increase, decrease or delete any or at( items. If the quantities of materials to be furnished are increased, such increase shall be paid for according to the unit prices established for the item. In making its bid hereunder, the Seller expressly recognizes the rights of the City provided herein, and further recognizes that the Setter shall have no claims against the City for anticipated profits for the quantities called for, diminished or deleted. Product Guarantee: Setter guarantees equipment or product offered wilt meet or exceed specifications identified in this bid invitation. The Setter shalt, upon request, replace any equipment or product proved to be defective and make any and all adjustments necessary without any expense to the City. If at any time, the equipment or product cannot satisfactorily meet the requirements of the specifications, the Seller shalt upon written request from the City, promptly remove such equipment or product without any further expense to the City. At the City's request, Seller wilt provide evidence sufficient to demonstrate such equipment or product meets the foregoing. 3 Invoices: Seller shall submit separate invoices, in duplicate, on each purchase order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable. Invoices shall be itemized and transportation charges, if any, shalt be listed separately. A copy of the bill of lading, and the freight waybill when applicable, shall be attached to the invoice. Mail to Accounts Payable, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457. Payment shalt not be due unless and until the Setter shall not be in default under the terms of the contract, and until the above instruments are submitted after delivery. CITY MAY MAKE PAYMENTS FOR PURCHASES UNDER THIS CONTRACT USING THE CITY'S MASTERCARD PURCHASING CARD (PCARD). THE SELLER AGREES TO ACCEPT PCARD PAYMENTS WITHOUT ANY ADDITIONS OR SURCHARGES. 4 Delivery Delay: When delivery delay can be foreseen, the Setter shalt give prior notice to the Purchasing Manager, who shall have the right to extend the delivery date if reasons for delay appear acceptable. The Seller must keep the Purchasing Manager informed at all times of the status of the order. Default in any manner under the contract, including, but not limited to default on promised delivery, without acceptable reasons, or failure to meet specifications hereunder authorizes the Purchasing Manager to purchase goods elsewhere and charge any increase in cost and handling to the defaulting Setter, and/or exercise any and all rights available to it by law, equity and/or under the terms of the contract. Every effort will be made by the Purchasing Office to locate the goods at the same or better price as than originally contracted. 5 Packaging: Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows: (a) Seller's name and address. (b) Consignee's name, address and purchase order or purchase release number and the supply agreement number if applicable, (c) Container number and total number of containers, e.g., box 1 of 4 boxes, and (d) the number of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform with requirements of common carriers and any applicable specifications. The City's count or weight shalt be final and conclusive on shipments not accompanied by packing lists. 6 Delivery Time: Deliveries wilt be accepted only during receiving hours: 8:00 A.M. - 3:00 P.M., Monday through Friday, except on City holidays, at the designated location. IT13#04-175-13M.doc 12 nB #04-175-13M, Water Treatment Chemicals for Water Reclamation Plant -Six Month Pricing business. For breach or violation of this warranty the City shalt have the right in addition to any other right or rights to cancel the contract without liability and to deduct from the Contract price, or otherwise recover the full amount of such claimed commission, percentage, brokerage, or contingent fee. 16 Safety Warranty: Setter warrants that the product sold to the City shall conform to the standards promulgated by the U. S. Department of Labor under the Occupational Safety and Health Act of 1970 and/or any other governmental agency standards or regulations. In the event the product does not conform to each OSHA or other standards, Seller shall be in default hereunder, and the City may exercise and of the remedy provided for herein, including but not limited to return of the product for correction or replacement at the Setter's expense. In the event Seller faits to make the appropriate correction within a reasonable time, correction made by the City will be at the Setter's expense 17 Right of Inspection: The City shall have the right to inspect the goods at delivery before accepting them. 18 Cancellation: The City shalt have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Setter or if the Setter becomes insolvent and/or files bankruptcy or has bankruptcy filed against it. Such right to cancettation is in addition to and not in lieu of any other remedies which the City may have in law, equity or hereunder. 19 Termination: The contract or purchase order may be terminated in whole, or in part by the City. Termination hereunder shall be effected by the delivery to the Seller of a "Notice of Termination" specifying the extent to which the contract or purchase order is terminated and the date upon which such termination becomes effective. In the event of said termination, in whole or in part, provided that Setter shalt not be in default under the Contract, the Setter shall be entitled to payment only for goods actually delivered, and/or services actually performed under and in compliance with the terms of the contract or purchase order. 20 Force Maieure: Neither party shalt be held responsible for losses or damages hereunder, if the fulfillment of any terms of provisions of the contract is delayed or prevented by strike, walkouts, acts of God, or public enemy, fire, or flood. 21 Assignment -Delegation: No right or interest in the contract shall be assigned or delegation of any obligation made by Seiler without the written permission of the City. Any attempted assignment or delegation by Seller shalt be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 22 Waiver: No claim or right arising out of a breach of the contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 23 Interpretation -Parole Evidence: This writing, plus any specifications for bids and performance provided by the City in its advertisement for bids and any other document provided by Setter as part of his bid, is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. Whenever a term defined by the Uniform Commercial Code is used in the contract, the definition contained in the Code is to control. 24 Applicable Law: The Contract shall be governed by the Uniform Commercial Code. Wherever the term "Uniform Commercial Code' is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of the contract. 25 Right To Assurance: Whenever one party to the contract in good faith has reason to question the other party's intent to perform he may demand that the other party give written assurance of this intent to perform. in the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the Contract. ITB#04.175-BM.doc 14 ITB #04-175-BM, Water Treatment Chemicals for Water Reclamation Plant -Six Month Pricing CITY OF LUBBOCK, TEXAS STATEMENT OF NO BID The City of Lubbock is very conscious and extremely appreciative of the time and effort you expend in preparing and submitting bids to the city. If you do not intend to bid on this requirement, please complete and return this form prior to date shown for receipt of bid to: Victor Kilman, Purchasing Manager, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457. We, the undersigned, have declined to bid on your ITB #04-175-BM for the following reason(s): Specifications too "tight", i.e. geared toward one brand or manufacturer only. (Please explain reason below) Specifications unclear. (Please explain below) Insufficient time to respond to Invitation to Bid. We do not offer this product/s or equivalent. (If you wish to remain on bidders list for other commodities and/or services, please state particular product and/or service under which you wish to be classified.) Our product schedule would not permit us to perform. Unable to meet specifications. Job too large. Job too small. Cannot provide required bonding. Cannot provide required insurance. Bidding through dealer. Do not wish to do business with the City of Lubbock. (Please explain below) Other (Please specify below) REMARKS: Company Name: Address: City: State: Zip Contact Name: Title: Business Telephone Number Internet Address: Company's Internet Web Page URL: F, ITI3#04-175-11M.doc 16 ITB #04-175-BM, Water Treatment Chemicals for Water Reclamation Plant -Six Month Pricing SPECIFICATIONS FOR SLUDGE DEWATERING POLYMERS 1.0 SCOPE 1.1 it is the intent of these specifications to describe polymers to be used for dewatering/thickening of sludge at the City's Wastewater Treatment Plant. Only chemicals known as organic polymer which are synthetic, high molecular, water soluble potyelectrolytes, manufactured specifically as flocculents for sludge conditioning will be accepted. 2.0 PRODUCT SPECIFICATION 2.1 Polymer shall be dry 100% only and readily and completely soluble in water. The polymer material shalt have a shelf life of at least twelve months. The polymer material in both concentrated and dilute forms shalt not require special handling nor shall they pose hazards to employees working with them. The material shall not cause a corrosion problem to the City's equipment. The bidder shalt be responsible for any equipment necessary to make their polymers compatible with the City's existing storage and handling facilities. In the case of emulsion type polymers, the successful bidder shalt provide agitation equipment necessary to maintain homogeneity of the stored, concentrated polymer. 3.0 PRODUCT PERFORMANCE 3.1 The product being bid must meet a performance range of 18% - 20% cake solid with a 95% - 98% capture rate. 4.0 HAZARDOUS MATERIAL 4.1 Bidders must submit a product label, material safety data sheet, and EPA registry number with bid. if awarded, this information will be required on any subsequent deliveries. The City of Lubbock Southeast Water Reclamation Plant laboratory may sample and test the polymer to determine the concentration of active ingredients. Bidders shall provide written instructions with the sample for the laboratory procedures required to perform the test for the determination of active solids ingredients. If there is a change in the chemical content or a different product is being supplied the award of the bid is void. 5.0 PRODUCT EVALUATION AND TEST PROCEDURE 5.1 Feed sludge samples shall be taken between the hours of 8:30 a.m. until 2:00 p.m. on November 16, 2004. If bidders prefer, the staff at the Water Reclamation Plant will, upon receipt of written request (including FedEx account number and location to be shipped), draw and ship samples for qualified bidders (see Bidder Qualification). Samples must be analyzed by an independent lab for certification. The product submitted for bid must meet a minimum performance range of 18% - 20% cake solids with a 95% - 98% capture rate. 6.0 QUANTITIES 6.1 The semi-annual usage is approximately 59,000 pounds, more or less. Bid prices shall include at( freight and special equipment required by other parts of this specification. ITB#04-175-BM.doc 18 ITB #04-175-BM, Water Treatment Chemicals for Water Reclamation Plant -Six Month Pricing SPECIFICATIONS FOR SODIUM HYPOCHLORITE 10% SOLUTION 1.0 SCOPE 1.1 Sodium Hypochlorite is a clear, pale yellow or greenish liquid with a chlorine odor. It is supplied commercially in drums, totes, or bulk quantities. 2.0 PHYSICAL PROPERTIES 2.1 Specific Gravity, @ 20 °C 1.16 2.2 Freezing Pont, OF 7.0 2.3 Vapor Pressure (mm Hg), @ 20 °C 17.5 2.4 Solubility in H2O Complete 3.0 TYPICAL ANALSIS 3.1 Sodium Hypochlorite, wt. % 10.0 3.2 Excess NaOH, wt. % 0.5 4.0 QUANTITIES 4.1 Anticipated annual consumption of sodium hypochlorite will be 36,483 gallons, more or less. Typical quantities ordered are approximately 4,800 gallons per order. 5.0 DELIVERY 5.1 Sodium hypochlorite is to be delivered to the City of Lubbock Southeast Water Reclamation Plant in bulk quantities, Monday through Friday, from 8:00 A.M. to 3:00 P.M. ITB#04-175-BM.doc 20