Poly Dad Mac and polymer

7/28/2019 Poly Dad Mac and polymer

1/31

INVITATION FOR BIDS

DENVER WATERS

BIDDERS PROPOSAL NO. 12599A

AND THE ATTACHED DOCUMENT

DECEMBER 3, 2009

FOR

VENDOR NAME:


2/31

INDEX

INSTRUCTIONS TO BIDDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

GENERAL CONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

SPECIAL CONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

SPECIFICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

BILL OF MATERIAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

PROPOSAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

ACCEPTANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

PERSONAL PROTECTIVE EQUIPMENT REQUIREMENTS

PURCHASINGS CONTRACT LINE:Questions about contract terms orconditions

Roman [email protected]

CONTRACT REPRESENTATIVE:All technical questions

Ken Pollock303-628-6632

[email protected]
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


3/31

CITY AND COUNTY OF DENVER, COLORADOBOARD OF WATER COMMISSIONERS

(referred to in this document as "Board" or "Denver Water")

INSTRUCTIONS TO BIDDERS

1. A Bidders Proposal in response to an Invitation for Bids shall be submitted in accordance withthese Instructions to Bidders and with the General Conditions, Special Conditions,Specifications, Bill of Material, Proposal, and Acceptance. These documents, plus any otherdocuments required by the Special Conditions and any addenda added by Denver Water,constitute the Contract Documents. No one part of the Contract Documents constitutes the

contract.

2. The Bill of Material shall be submitted electronically.

3. The successful bidder will be required to completely fill out and sign the Bidders Proposalpage prior to award. The successful bidder warrants that persons signing the Proposal pageare empowered to legally bind the bidder to a contract.

4. Bidders Proposals must be submitted online to the Rocky Mountain Online Bid System on orbefore the designated bid opening time.

5. It is the Bidders responsibility to sign any addenda (if applicable) and the Proposal bythe requested deadline. Any addenda (if applicable) will be issued via the RockyMountain Bid System.

6. Bidders Proposals may be rejected if not received on the Rocky Mountain Online Bid System

on or before the bid opening time.

7. Bidders Proposals may be withdrawn by bidders prior to the bid opening time, but only uponwritten request Bidders Proposals may not be withdrawn after they have been opened All


4/31

INSTRUCTIONS TO BIDDERS(continued)

12. If requested, Bidders shall furnish references demonstrating capability to provide the requiredmaterials and/or to perform the required services. Bidder may be required to provide financialstatements (Balance Sheet, Income Statement, Cash Flow Statement) which may be reviewedprior to Notice of Award. Denver Water may inspect the Bidders facilities and equipment andwill determine, in its sole discretion, whether the Bidder will be awarded the contract and mayaward this contract based on its assessment of Bidders facilities, distribution, and supplyrelationships.

13. When a Bidder intends to furnish an article it considers equal to one named on the Bill ofMaterial, the Bidder must specify the trade name and grade of the substitute article and mustsubmit any engineering data and technical literature required by Denver Water to evaluate theproduct. Denver Water reserves the right to determine whether any substitute article is equal tothe one named on the Bill of Material.

14. The Board reserves the right to reject any or all offers, either in whole or in part, or to waivetechnical defects if deemed in the best interest of the Board. In the event of a tie bid, awardwill be made in the Boards best interest. The Board may also reject any bid conditioned upon

the Boards acceptance of the terms and conditions other than those established in theGeneral Conditions, Special Conditions, and Specifications.

15. No contract will be made with any entity who is in arrears to the City and County of Denver orits Board of Water Commissioners upon debt or contract, or who is a defaulter as surety orotherwise, upon any obligation to the City and County of Denver.

16. For directions to Denver Water go towww.denverwater.org, click on Contact Us, Directions.

17. Questions or comments concerning these Instructions to Bidders should be directed to theoffice of the Manager of Purchasing, 1600 West 12th Avenue, Building No. 12, Denver,Colorado 80204-3412 Telephone: 303-628-6361
http://www.denverwater.org/http://www.denverwater.org/http://www.denverwater.org/http://www.denverwater.org/


5/31

GENERAL CONDITIONS

SERVICES AND MATERIALS

1. PERFORMANCE: The Contractor shall furnish the services and materials covered by this

contract subject to all the terms and conditions contained in the documents comprising thiscontract, including these General Conditions. No other terms or conditions shall be binding uponthe parties unless agreed to in writing. Written acceptance of this contract or the performance ofany portion of the services covered by this contract shall constitute unqualified acceptance of allits terms and conditions. These General Conditions, Special Conditions, and Specifications shallsupersede any inconsistent provisions in Contractors Proposal.

2. CHANGES IN SCOPE: Upon issuance of a written order, the Board may change the amount ornature of material to be furnished and services to be performed under this contract. If the amountof material or services is increased or decreased, the Contractor will be paid for the actualamount of services and material furnished.

3. WARRANTY OF WORKMANSHIP, MATERIALS AND EQUIPMENT: For a period of one yearfrom the date the Board accepts any material or service, the Contractor shall be responsible forthe satisfactory repair or replacement of any material, service or equipment which becomes

defective as a direct or indirect result of Contractors workmanship, service or negligence or fromContractors improper handling or use of faulty material or equipment.

4. COMPLIANCE WITH SPECIFICATIONS: The Boards Specifications establish the minimumacceptable requirements for services and materials. The Board shall determine at its solediscretion whether any proposed services or materials comply with the Specifications.

Any provisions in the Specifications requiring specific ratings, capacities, weights, dimensions or

other designations for any equipment refer to the original manufacturers specifications. TheBoard shall not be obligated to accept as meeting the Specifications any equipment assignedratings, capacities, weights, dimensions or designations by any subsequent manufacturer,assembler or dealer The Board requires any products that come in direct contact with treated


6/31

GENERAL CONDITIONS(continued)

6. INSPECTION AND TESTING: The Board or its authorized representative shall be permitted toinspect all material during its fabrication and prior to its preparation for shipment; to expedite

delivery; to inspect the packing when the material is ready for shipment; or to witness any test,the results of which require approval by the Boards Engineer.

The Board may, at its discretion, inspect and test any delivery to ensure compliance with theSpecifications. The Board will pay the costs of tests it conducts and will make test resultsavailable to the Contractor upon request. The Boards findings shall be binding andconclusive. The Boards acceptance of material, or waiver of any inspection or test, shall in noway relieve the Contractor of the responsibility to furnish material meeting the requirements ofthe Specifications. The Board also may, at its discretion, allow its agents and contractors andindustry organizations to observe Contractors performance of this Agreement for safetypurposes.

7. FAILURE TO PASS INSPECTION OR TESTING: The Board will not accept material that isdamaged, does not meet contract Specifications or is unsuitable for use in the Boards potablewater system. Should any material fail to meet test criteria, in addition to the Boards exercise

of its rights in Paragraph 10 below, the Contractor may be required to take the followingactions at its sole cost:

A. The Contractor must promptly remove all material to which the unacceptable material hasbeen added.

B. The Contractor must promptly replace the material removed with like material meeting theSpecifications.

8. PAYMENT: Payment will be made in conformity with the terms and conditions of this contract.The Board will not make advance or progress payments for materials or services unlessprovided for in the contract The Contractor must submit documentation supporting the


7/31


9. SALES, EXCISE AND USE TAXES:

A. STATE: The State of Colorado will not impose sales and use taxes upon constructionand building materials purchased by the Contractors and subcontractors for use in thebuilding, erection, alteration or repair of structures, highways, roads, streets and otherpublic works owned and used by the City and County of Denver. In order to qualify forthis exemption, an application for a certificate of exemption must be filed with theColorado Department of Revenue by each Contractor and subcontractor engaged in theconstruction project. The Board will not reimburse the Contractor for any such taxespaid as a result of a failure to file a request for exemption. Proposals shall not includeany such taxes in the computation of bids.

B. LOCAL: The Contractor and all subcontractors are required to pay the sales and usetaxes imposed by a political subdivision of the State of Colorado on purchases of anytangible personal property to be built into the work produced under this contract. TheBoard will not adjust payments for any refund of such taxes that the Board mightreceive.

C. FEDERAL: As a political subdivision of the State of Colorado, the Board is exempt fromthe payment of most federal excise taxes. The Contractor will be reimbursed forpayment of any federal excise tax for which the Board is unable to provide anexemption certificate.

10. DELIVERY DATES: All items purchased shall be delivered F.O.B. Destination, Freight prepaidas required by the Specifications. The Contractor shall make delivery as set forth in the Contract

Documents. When a date is set for delivery of materials, delivery must occur on or before thatdate. If timely delivery does not occur, or it appears timely delivery will not occur, the Board willhave: the right to terminate this contract for default; the right to purchase equivalent property atmarketprices for immediatedeliverywithout termination of this contractand without liability to the


8/31


14. LIABILITY: The Contractor will provide a defense to the Board and pay any costs anddamages for any liability or claim of whatever nature arises in any way out of this contract,

caused by any negligent or wrongful act or omission of the Contractor or the Contractorsofficers, agents or employees.

15. INSURANCE: The Contractor shall maintain the following insurance in full force and effectduring the full term of this Agreement. These insurance requirements may be modified at thediscretion of the Board.

A. The Contractor shall maintain Workers Compensation and Employers LiabilityInsurance, as required under the laws of the State of Colorado, in full force andeffect during the full term of this Agreement.

B. The Contractor also shall maintain the following insurance in full force and effectduring the full term of this Agreement. Contractor shall provide to the Boardcertificates of insurance (and renewals thereof) demonstrating that the followinginsurance requirements have been met.

1) Commercial General Liability Insurance:

Commercial general liability insurance with limits not less than $1,000,000per occurrence. Such insurance shall include the City and County ofDenver, acting by and through its Board of Water Commissioners asadditional insured and shall be primary and non-contributing with respectto any insurance or self-insurance program of the Board.

2) Automobile Liability Insurance:

Business automobile liability insurance with limits not less than $1 000 000


9/31


15. INSURANCE : (continued)

3) Thirty (30) days advance notice of cancellation shall be provided to theBoard, except for ten (10) days notice for cancellation due to non-paymentof premium.

D. Evidence of Insurance:

Contractor shall provide copies of insurance policies upon request of the Boardand in redacted form if necessary to protect confidential information.

E. The Board reserves the discretion to accept alternative types of insurance if theBoard deems such alternatives to be sufficiently protective of its interests.

16. RECORDS AND AUDITS: The Contractor shall at all times maintain a system of accountingrecords in accordance with its normal practice for distributors of industrial chemicals in theUnited States, together with supporting documentation for all work, purchases, services and

billings under this contract.

The Contractor shall make available for audit and reproduction by the Board all records, inwhatever form, related to this contract. The Contractor shall provide such availability duringthe term of this contract and for two years after final payment. The Contractor shall refund tothe Board any charges determined by the Boards audit to be inconsistent with this contract.

17. TERMINATION: Contractor shall not have the right of termination. The Board at any time may

terminate this contract in whole or in part upon written notice stating the type of termination andthe effective date. The Board may terminate for convenience or for default, as described in thisparagraph. As used in this paragraph, the word Contractor includes the Contractor and his sub-contractors atany tier


10/31


17. TERMINATION: (continued)

B. Termination for Default. The Board may terminate this contract for default if the Boardin its sole discretion determines that Contractor has failed to comply with the ContractDocuments; fails to make progress, so as to endanger performance; acts or fails to actso that it reasonably appears Contractors future performance is uncertain; or fails toperform the work within the time specified or any written extension; and does not curesuch failure within a reasonable period of time after written notice. In the event oftermination for default, the Board may purchase replacement services and theContractor shall reimburse the Board for any excess costs incurred by the Board. TheBoard shall pay to the Contractor, as full compensation, the unit or prorated contractprice for the performed and accepted portion of the work. Termination for default willresult in the removal of the Contractors name from the approved bid list for two years ora different period of time, at the Boards discretion.

If, after notice of termination for default, the Board determines that the Contractor wasnot in default or that the Contractors failure to perform was due to causes beyond the

control and without the fault or negligence of the Contractor, the termination shall bedeemed for the convenience of the Board per (A) above.

18. ASSIGNMENT AND SUBCONTRACTS: The Contractor may not assign this contract or anyright or liability or enter into any subcontract or amend any subcontract without prior writtenconsent of the Boards Representative. If the Contractor subcontracts or assigns any part ofthis contract, the Contractor shall be as fully responsible to the Board for acts and omissions ofa subcontractor as the Contractor is for the acts and omissions of Contractors own

employees.

19. NO THIRD PARTY BENEFICIARIES: This contract shall bind and inure to the benefit of theparties and their respective successors and assigns This contract is intended to benefitonly the


11/31


22. VENUE AND GOVERNING LAW: This contract shall be deemed performable in the City andCounty of Denver, notwithstanding that the parties may find it necessary to take some action

outside the City and County. This contract shall be governed by and construed under the lawsof the State of Colorado. Any disputes arising hereunder shall comply with the hearing andappeal procedures set forth at Chapter 17 of the Boards Operating Rules, available atwww.denverwater.org. If a question arises concerning whether an issue or claim is within thescope of this dispute resolution provisions, such question shall be decided by the hearing officerassigned to the administrative hearing. All disputes of any nature whatsoever, including withoutlimitation claims for additional compensation or extensions of time, and disputes involving claimedbreach of or default under the Contract, shall be resolved by this process. The determination ofthe hearing officer shall be considered a final order and action of the Board and may be reviewedunder Rule 106(a)(4) of the Colorado Rules of Civil Procedure in the Denver District Court only.

23. COLORADO GOVERNMENTAL IMMUNITY ACT: The parties understand and agree that theBoard is relying upon, and has not waived, the monetary limitations and all other rights,immunities, and protections provided by the Colorado Governmental Immunity Act, CRS 24-10-101, et seq., as it may be amended from time to time.

24. DELAY BY THE BOARD. If a delay is caused by the Board, without contribution by theContractor, the time and price of the contract may be adjusted equitably except that the soleremedy of the Contractor shall be limited to any expenditure actually and necessarily causedsolely by the delay. The Contractor is not entitled to recover anticipated profits.

25. IMMIGRATION LAWS: The signature of Contractor (Contractor herein) on thisagreement: (1) certifies that the Contractor is not a natural person unlawfully present in the

United States; and (2) also certifies the statements below if this is a contract for services asservices are defined in Colo. Rev. Stat. 8-17.5-102.

A. The Contractor shall not:


12/31


25. IMMIGRATION LAWS: (continued)

(i) notify the subcontractor and the Board within three days that the Contractor hasactual knowledge that the subcontractor is employing or contracting with anillegal alien; and

(ii) terminate the subcontract with the subcontractor if within three days of receivingthe notice required pursuant to sub-subparagraph (i) of this subparagraph thesubcontractor does not stop employing or contracting with the illegal alien; except

that the Contractor shall not terminate the contract with the subcontractor ifduring such three days the subcontractor provides information to establish thatthe subcontractor has not knowingly employed or contracted with an illegal alien.

D. The Contractor shall comply with any reasonable request by the Department of Laborand Employment made in the course of an investigation that the Department isundertaking pursuant to state law.

E. The Contractor acknowledges that in the event the Contractor violates any of the

provisions of the foregoing subparagraphs A D, the Board may terminate this Contractfor breach of contract. If this Contract is so terminated, the Contractor shall be liable foractual and consequential damages to the Board.

26. REMEDIES: The rights and remedies of the Board provided under this contract shall not beexclusive and shall be in addition to any other rights and remedies provided by law.

27. INDEPENDENT CONTRACTOR: In the performance of services under this contract, theContractor shall be, for all purposes, an independent contractor and not an employee or agent ofthe Board. The Contractor and its employees and subcontractors shall in no way representthemselves to third parties as agents or employees of the Board


13/31


30. PAYMENT OF TAXES: The Contractor is solely liable for any federal and state income andwithholding taxes, unemployment taxes, F.I.C.A. taxes and workers compensation payments

and premiums applicable to payments from the Board under this agreement. The Contractorshall indemnify the Board for any liability resulting from nonpayment of such taxes and sums.

31. SAFETY AND PROTECTION: The Contractor shall, at its own expense:

A. Provide and maintain proper protection to all material and equipment, including materialand equipment furnished to the Contractor by the Board. The Contractor shall protectexterior surfaces of Board property against any defacement which would detract from itsappearance.

B. Provide all necessary safeguards to protect persons and property generally, andparticularly the Boards operating property, since no interruption of water service ispermissible, except as expressly authorized by the Board.

C. Upon completion of the work, make good all damages, leaving the site in a clean and

orderly condition.

D. Maintain safe conditions in the various work areas at all times and install barricades andwarning devices where required.

32. NONDISCRIMINATION: The Contractor expressly agrees not to discriminate against anyemployee, applicant for employment, or potential subcontractor or supplier because of race,color, religion, age, national origin, gender, sexual orientation, military status, marital status, or

disability. The Contractor shall comply with all applicable state and federal laws with regard toequal employment opportunity.

33 WORKFORCE: The Contractor shall employ only competent skillful workers to provide


14/31


37. FORCE MAJ EURE: The parties shall not be responsible for any failure or delay in theperformance of any obligations under this Agreement caused by natural disasters, flood, fire,

war or public enemy. (Economic conditions and labor strikes shall not be considered forcemajeure events.) If a party asserts Force Majeure as an excuse for failure to perform theparty's obligation, then the nonperforming party must prove that the party took reasonablesteps to minimize delay or damages caused by the Force Majeure, that the party substantiallyfulfilled all non-excused obligations, and that the other party was timely notified of thelikelihood or actual occurrence of a Force Majeure. In the event a force majeure is declaredand in effect for more than ten (10) days, the Board may terminate this Agreement without anyfurther obligation or liability.


15/31

SPECIAL CONDITIONSFOR

POLYDADMAC POLYMERBidders Proposal No. 12599A

1. GENERAL:

Denver Water is soliciting bids for PolyDADMAC (diallydimethylammonium chloride) polymerused in the water treatment process, as described in the Specifications, for delivery as notedunder the Shipping Instructions. Only those products that have been pre-qualified will beconsidered as meeting this specification.

2. CONTRACT PERIOD:

The Contract shall commence J anuary 1, 2010 and terminate December 31, 2011. Unlessotherwise terminated according to the provisions of this agreement, Denver Water and theContractor may mutually agree to renew and continue the contract for additional periods at thesame terms and conditions.

3. AWARD:

The bidder selected for an award will be the bidder whose bid, as presented in the response tothis bidders proposal, is the most advantageous to Denver Water. Denver Water is not boundto accept the lowest priced bid if that bid is not in the best interest of Denver Water asdetermined by Denver Water. Denver Water reserves the right to accept or reject any and/orall offers, to waive any and/or all formalities, to clarify any discrepancies in the bid, and toaward a contract in the best interest of Denver Water.

Bids may be evaluated using best value criteria reference below:

A. Purchase price (overhead and profit plus material cost)B Reputation of theSupplier and the Suppliers goods or services


16/31

SPECIAL CONDITIONS(continued)

4. ESTIMATED QUANTITIES:

Denver Water will require one of the following estimated quantities during the two-year contractperiod: approximately 1,300 liquid tons of Nalco 8102 PolyDADMAC polymer, or approximately870 liquid tons of Nalco 8799 PolyDADMAC polymer, or approximately 1,300 liquid tons of CibaMagnafloc LT 7985 PolyDADMAC polymer. No guarantee of quantities is intended, eitherexpressed or implied.

5. PRICE ADJ USTMENT:

Prices under this contract are to be firm for the first year.

Price increases or decreases after the first year shall be submitted to Denver Water by theContractor with appropriate documentation at least 60 days prior to the next applicable period.

Denver Water and the Contractor will mutually agree at the appropriate time as to the formatand methodology of determining the documented price adjustments.

Denver Water reserves the right to accept or reject any price adjustments that may apply, andthe right to assign an auditor, at its expense, who shall be entitled to certify the accuracy of theprice adjustment.

Denver Waters rejection of any price adjustment shall be considered grounds for terminationof the Contract.

A fuel surcharge will be assessed only when prices for diesel exceed $3.50/gallon. The priceshown at http://tonto.eia.doe.gov/oog/info/gdu/gasdiesel.asp shall be the price index for fuelcosts. Any fuel surcharges and/or price increase/decrease will be agreed upon, in writing, bythe Contractor and the Manager of Purchasing If a fuel surcharge is assessed the fuel
http://tonto.eia.doe.gov/oog/info/gdu/gasdiesel.asphttp://tonto.eia.doe.gov/oog/info/gdu/gasdiesel.asphttp://tonto.eia.doe.gov/oog/info/gdu/gasdiesel.asp


17/31


6. BIDDER RESPONSIBILITIES: (continued)

1) How your company will provide product to Denver Water on a timely basis in theevent of a disruption in the flow of the product, or raw materials needed to produceit, to the distribution facility that is primarily expected to provide the chemical.Describe shortages, allocations, logistics, and transportation issues surrounding anydisruption of product to Denver Water. Indicate where the product will be shippedfrom, how long it will take for deliveries, lead times, etc.

2) How your company will handle the following at your distribution facility: power

outages, spills, scheduled and unscheduled plant shut downs, strikes, bad weather,large demand for product, logistics (rail, trucking, etc) to and from your distributionfacilities, contract hauler issues, plant personnel turnover, etc.

3) Identify all sources of raw materials required to manufacture the product and indicateif they are of domestic or foreign origin. Indicate whether raw materials are railed ortrucked to your local facility and if the product is manufactured locally? List all thelocations, manufacturer names, contacts and telephone numbers, etc.

4) Provide a copy of your companies safety plan, or your contract haulers safety plan,as it relates to driver selection and training, spill response and emergencyprocedures when transporting, off-loading chemicals at client sites.

5) List all the key personnel at your distribution facility, including: telephone numbers,fax numbers, cell numbers, emergency numbers, toll free numbers, etc.

6) Identify the primary and all secondary suppliers of the product.

7) Your companys security plan and/or procedures or your contract haulers security


18/31


6. BIDDER RESPONSIBILITIES: (continued)

B. Laboratory Analysis:

The bidder shall furnish, by attachment to the proposal, a typical analysis ofPolyDADMAC. This analysis shall have been made using the methods described inAWWA Standard B451-04 and addendum B451a-07 (Further references to this standardare considered to include this addendum) or the most current version. The Contractor, onan annual basis, or at any time there is a change in the manufacturing practices, throughthe term of the contract, shall submit such typical analysis.

C. Sample:

The bidder may be required to furnish a typical one-liter sample of the product to SteveLohman, c/o Marston Water Quality Laboratory. If requested, the sample should be sentto 1600 W. 12th Avenue, Denver, CO 80204.

D. Other:

The Contractor will provide a copy of their Manufacturers compliance withANSI\NSF 60 Standard for Drinking Water Additives with the bid documents. If theContractors distribution facility is not ANSI\NSF 60 certified, they must be certifiedby June 30, 2010. Failure to comply with this requirement could result in thetermination of the contract.

The successful bidder may be required to provide a performance bond for the totalcontract amount, at Denver Waters expense. (The successful bidder will be reimbursedbased on documented expenses incurred in obtaining the performance bond.) In addition,bidders may be required to submit some or all of the following: an audited financial


19/31


7. ORDERING PROCEDURES: (continued)

All orders will be conf irmed by the Contractor, by e-mail to the e-mail addresses as l istedunder paragraph number 9, to the treatment plant requesting material and [email protected] ,including date and time of delivery. Denver Waterwill place separate orders for each of its water treatment plants. All risk of loss or damage, aswell as all handling and transportation costs, will be for the account of the Contractor for allshipments including those made without express authorization.

8. SHIPPING INSTRUCTIONS:

All truckload deliveries shall be accompanied by one scale ticket from a state certified scaleshowing the name of the scale company, its location, date, truck and trailer number, and gross,tare and net weights. The weight tickets shall be for the actual load delivered to Denver Water.The weight tickets shall be for the actual load delivered to Denver Water.

An alternative method of determining weight for liquid chemical products is to provide a singletotalized weight determined by the use of a mass flow meter on the trailer fill line. If thismethod of determining weight is selected the Contractor must provide Denver Water with acertification of calibration by an independent, third party. The certification must be madeannually and copies of the certification results and calibration methodology sent to DenverWater.

Denver Water reserves the right to determine the quantity delivered through onlineinstrumentation or weighing after offloading, at the Contractors expense, if it believes weight

tickets are inaccurate or that an entire shipment was not offloaded. It further reserves the rightto make payments based on this determination.

The Contractor will provide with this proposal a detailed written procedure on how it will
mailto:[email protected]:[email protected]:[email protected]


20/31


8. SHIPPING INSTRUCTIONS: (continued)

Delivery containers shall be structurally sound and meet industry standards for materialcompatibility with PolyDADMAC. All hatches and fill/drain connections shall be capped and ingood condition to prevent contamination of product.

Delivery containers shall be cleaned and inspected by the Contractor for any contamination orimpurities immediately prior to filling, and shall be protected against the introduction of impuritiesduring the entire filling, transport and delivery processes. A certified statement of specific tanker

cleaning shall be e-mailed to the treatment plant prior to each shipment. The statement shallinclude the method of cleaning, the method of inspection, security procedures followingcleaning/inspection, the cleaning company, and a contact name and phone number for thecleaning company. Denver Water reserves the right to inspect the cleaning and filling facilities.After the first cleaning, this requirement may be waived if the delivery containers are usedexclusively for delivering PolyDADMAC meeting the requirements of this specification. TheContractor must request this waiver in writing and be granted it by Denver Water before it isimplemented. Under no circumstances shall delivery be made using a trailer that previouslycontained any substance capable of producing deleterious or injurious effects to the health ofthose consuming water that has been treated properly with PolyDADMAC. By signing theProposal, the bidder acknowledges compliance with this requirement.

Delivery vehicle hoses shall be clean, capped, and sealed while in transit to preventcontamination of product during unloading. After filling the delivery container at the loadinglocation, all hatches and connection caps shall be sealed against tampering.

The Contractor must e-mail the water treatment plant at the addresses listed below before thetruck leaves the Contractors facilities. The e-mail must contain the following information: thename and drivers license number of the driver and anyone accompanying the driver as a


21/31


9. DELIVERY AND UNLOADING:

The Contractor shall allow a minimum of three hours unloading time without demurrage.

Denver Water personnel will visually inspect the delivery container prior to unsealing, opening,sampling and unloading. Seals shall not be removed prior to inspection. Prior to beingunloaded, Denver Water personnel must accept each delivery. In the event a delivery isrejected by Denver Water, the Contractor shall provide a replacement shipment meeting the

requirements of this specification within 72 hours of original delivery.

Denver Water reserves the right to reject any shipment it cannot identify, does not deem secure,or does not pass Denver Waters screening test.

All deliveries shall be made by truck between the hours of 8:00 A.M. and 2:30 P. M. on regularworking days to Denver Water, F.O.B. Destination, freight prepaid, to the following addresses:

FOOTHILLS TREATMENT PLANT6730 North Rampart Range RoadLit tleton, Colorado 80125Phone Number 303-628-6352, Fax Number [email protected]

MARSTON TREATMENT PLANT

1/2 Mile West of Sheridan Blvd.at 6100 West Quincy AvenueDenver, Colorado 80235Phone Number 303-628-3712 Fax Number 303-794-1650


22/31


9. DELIVERY AND UNLOADING: (unloading)

Material not meeting Specifications will be rejected and must be removed at the Contractor'sexpense. If material is determined to be unacceptable to Denver Water, three additional one-litersamples shall be collected from the delivery container, sealed and labeled in the presence of theContractor, and retained by Denver Water.

10. MATERIAL SAFETY DATA SHEETS (MSDSs):

In order to satisfy Denver Water's Hazardous Communication Plan, waste disposal efforts, and

regulatory requirements, the Contractor must furnish all available MSDSs. The MSDSs must beprovided upon initial delivery of the product at the delivery destination and when any of thefollowing occur:

A. Change in the composition of the product.

B. Change in the manufacturing process.

C. Change in distributors supplier.

D. Change in label, packaging, brand name, etc.

11. ANALYSIS OF EACH DELIVERY:

Each delivery of PolyDADMAC will be analyzed by Denver Water personnel at the delivery site to

determine if the delivered lot meets required specifications. Tests performed and test methodsshall be at the sole discretion of Denver Water. Each delivery must be accepted by Denver Waterpersonnel prior to unloading. Material not meeting specifications will be rejected and must beremoved at the Contractors expense


23/31


11. ANALYSIS OF EACH DELIVERY: (continued)

references cited within it. The results of the referee analysis shall be accepted as final. The costof the referee analysis shall be paid by the Contractor if the material does not meet therequirements of this specification and by Denver Water if the material does meet thisspecification.

12. CONTRACTOR'S REQUIREMENTS:

The Bidder shall furnish with their bid an affidavit indicating compliance with ANSI\NSF 60Standard for Drinking Water Additives and AWWA Standard B451-04 for PolyDADMAC polymer.

The Bidder shall also furnish with their bid a letter certifying that each of their products suppliedunder this contract meets the requirements of 40 CFR 141.111 Treatment Techniques forAcrylamide and Epichlorohydrin. This certification shall resubmitted on an annual basis no laterthan January 15th of each year.

13. PERSONAL PROTECTIVE EQUIPMENT:

The list of the minimum Personal Protective Equipment which must be worn by Contractor andSubcontractors while offloading on Denver Water property is attached. All required items mustbe in serviceable condition and must be supplied and maintained by the Contractor.

14. SAFETY AND SECURITY:

A. Safety and Occupational Health

1) Denver Waters safety and occupational health priority is to protect: (a) the


24/31


B. Security (continued)

drivers license will be returned to the contractors personnel when they departthe facility gate. All Contractor personnel must wear and display the vendor passon the upper portion of the body and visible at all times while on Denver Waterpremises.

3) Upon arrival at the treatment plant the Contractor will provide the gate securityguard shipping papers which will include the product name, bill of lading number,

and a Denver Water contract number.

15. PAYMENT:

The Contractor shall submit one monthly invoice with contract number to:

Denver Water1600 West 12th AvenueDenver, Colorado 80204-3412Attention: Rebecca Trujillo, Mail Code 702

Payment will be made net due upon receipt of invoice.

Denver Water reserves the right to hold payment until all weight tickets have been received andverified.

All invoices must be billed as shipped. Unit of measure on invoices shall be tons.

16 TITLE TRANSFER:


25/31

SPECIFICATIONSFOR

POLYLDADMAC POLYMERBidders Proposal No.12599A

The PolyDADMAC shall comply with AWWA B451-04 standard and addendum B451a-07. It shallbe clear, colorless to pale yellow, free of visible foreign matter, sediment and turbidity. ThepolyDADMAC shall contain no substances in quantities capable of producing deleterious orinjurious effects to the health of those consuming water that has been treated with polymer inaccordance with the manufacturers recommendations and within the maximum allowed dosage.Only pre-qualified products will be considered.

Polymer supplied under this contract must be ANSI/NSF 60 certified for use in potable water

treatment.

The following products have been pre-qualified:

Nalco 8102Nalco 8799Ciba Magnafloc LT 7985

The bid amounts indicated in the Bill of Material are based on percent actives in each product.


26/31

BILL OF MATERIALFOR

POLYDADMAC POLYMERBidders Proposal No. 12599A

ItemApproximate

Quantity Description

PricePer Liquid

Ton

1.

2.

3.

1,300liquid tons

870liquid tons

1,300liquid tons

Nalco 8102 PolyDADMAC polymer, Bulk FullTruckload, in self-contained pneumatictruck trailers

Nalco 8799 PolyDADMAC polymer, Bulk FullTruckload, in self-contained pneumatictruck trailers

Ciba Magnafloc LT 7985 PolyDADMACpolymer, Bulk Full Truckload, in self-contained pneumatic truck trailers

Submit PricingElectronically



PLEASE STATE THE FOLLOWING:

Brand Name:

Manufacturer:

PointofManufacture:


27/31

BILL OF MATERIAL(continued)

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -Are you CERTIFIED by: Denver Office of Economic Development (City and County of Denver), Women

Business Enterprise National Council (WBENC), Rocky Mountain Minority Supplier Development Council(RMMSDC) or the Small Business Administration (8a) as a SMWBE?

Yes No If yes, provide certificate with bid response.- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Will your company accept payment in the form of a credit card for this contract?

YES NO

If yes, what are the payment terms?- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Is there a percent off unit price for early CC payment?

YES NO If yes, percent off unit price %

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

REMARKS (For Any Clarification):


28/31

PROPOSALFOR


The undersigned bidder, ___________________________________________________,(Name of Firm)

(Contractor), hereby offers to supply to the City and County of Denver, acting by and throughits Board of Water Commissioners (Board), the services and materials set forth in the BILLOF MATERIAL and SPECIFICATIONS in accordance with the terms and conditions containedin the Contract Documents.

1. The Contract Documents, incorporated herein by reference, consist of the Invitation forBids, Instructions to Bidders, General Conditions, Special Conditions, Specifications, Bill ofMaterial, Proposal, TIN, Acceptance and any addenda issued by the Board. No one partof the Contract Documents shall constitute the Contract, but the whole taken together shallbe the Contract between the parties.

2. The price offered to supply the services and materials set forth in the BILL OFMATERIAL and the SPECIFICATIONS is the amount set opposite each item listed onthe BILL OF MATERIAL, with a total price of _______________ for all items bid. Acash discount of _______% is available upon the following conditions:

___________________________________________________________________________

___________________________________________________________________________


29/31

Proposal(continued)

IN WITNESS WHEREOF this proposal is made this _________ day of ____________,

20 _____:

Name of Firm: _______________________________________________________________

By signing below, the signer certifies that he or she is authorized to accept and bind theContractor to the terms of this Proposal and the Contract.

By __________________________________ _________________________________

(Signature of Authorized Agent) (Print or Type Name of Authorized Agent)

Permanent mailing address of AuthorizedAgent: Telephone No. _____________________

_____________________________________Street address or P.O. Box

Fax No. __________________________


30/31

BOARDS ACCEPTANCEFOR


The CITY AND COUNTY OF DENVER, acting by and through its BOARD OF WATERCOMMISSIONERS, hereby accepts the offer of:

_____________________________________________________,(Name of Firm)

Check:Individual/sole proprietor

Corporation

Partnership

Small Business Enterprise (Certified SBE)

Other _____________

To provide those items listed in the BILL OF MATERIAL under the terms and conditions contained inContractors BIDDERS PROPOSAL. The purchase price shall be the amount set opposite each itemlisted on the BILL OF MATERIAL THAT HAS BEEN MARKED WITH THE ACCEPTANCE STAMP of

the BOARD OF WATER COMMISSIONERS, for a total purchase price for all items of:


31/31

Eye Face PVC Full Face Steel Toed Rubber Hard Hearing Long PantsProtection Shield Gloves Slicker Respirator Apron Shoes Boots Hat Protection without cuffs

Activated Carbon x x o x r r

Aluminum Sulfate x r x r o x r r

Aqua Ammonia x x x x x o x r r

Carbon Dioxide x x x r r Cationic Polymer x x r o x r r Caustic Soda x x x x o x x r r Chlorine x x rFerric Sulfate x x x x o r r Hydrated Lime x x r r x r r

Hydrofluorosilicic Acid x x x x r o x x r r

Non-ionic Polymer -bulk x x r o r r

Non-ionic P olymer -drums x x x r Oxygen, refrigerated liquid** x x x x x x x

Pebble Quicklime x x o r x r

Potassium Permanganate - bulk x x o r x r r

Potassium Permanganate - drums x x o o x r

Sodium Silicofluoride x r x o r x r r SBS x x r x r x r Nitrogen (for purging Cl2) x o x x r

x = required **PPE listed is required where involved with

r = recommended off-loading of chemical, recommended to have

o = optional handy when just supervising the off-loading process.

Revised: 10/2/2009

Required PPE For Chemical Deliveries