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Contract 56964
CSC No.56964 FORTWORTH. "I, VENDOR SERVICES AGREEMENT This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH("City"),a Texas home rule municipal corporation,acting by and through its duly authorized Assistant City Manager, and Pencco, Inc. ("Vendor"), a state registered company and acting by and through its duly authorized representative, each individually referred to as a "party"and collectively referred to as the "parties." 1. Scope of Services.Chemical odor control services("Services"),which are set forth in more detail in Exhibit"A," attached hereto and incorporated herein for all purposes. 2. Term. This Agreement begins on the date subscribed below by the City's designated Assistant City Manager("Effective Date")and expires on exactly one calendar year from the effective date ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). City will have the option, in its sole discretion,to renew this Agreement under the same terms and conditions, for up to 4 one-year renewal option(s)(each a"Renewal Term"). 3. Compensation. City will pay Vendor in accordance with the provisions of this Agreement, including Exhibit `B," which is attached hereto and incorporated herein for all purposes. Total compensation under this Agreement will not exceed THREE MILLION FOUR HUNDRED NINETY NINE THOUSAND EIGHT HUNDRED FIFTY Dollars($3,499,850.00).Vendor will not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City will not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. 4. Termination. 4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any reason by providing the other party with 30 days' written notice of termination. 4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder,City will notify Vendor of such occurrence and this Agreement will terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever,except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to the effective date of termination and Vendor will continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon OFFICIAL RECORD Vendor Services Agreement CITY SECRETARY FT. WORTH, TX termination of this Agreement for any reason, Vendor will provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Vendor has received access to City Information or data as a requirement to perform services hereunder, Vendor will return all City provided data to City in a machine readable format or other format deemed acceptable to City. 5. Disclosure of Conflicts and Confidential Information. 5.1 Disclosure of Conflicts.Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement.In the event that any conflicts of interest arise after the Effective Date of this Agreement,Vendor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information.Vendor,for itself and its officers,agents and employees, agrees that it will treat all information provided to it by City ("City Information") as confidential and will not disclose any such information to a third party without the prior written approval of City. 5.3 Public Information Act. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act.In the event there is a request for information marked Confidential or Proprietary, City will promptly notify Vendor.It will be the responsibility of Vendor to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 5.4 Unauthorized Access.Vendor must store and maintain City Information in a secure manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Vendor must notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised,in which event, Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and will fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. Rieht to Audit. Vendor agrees that City will,until the expiration of three (3)years after final payment under this Agreement,or the final conclusion of any audit commenced during the said three years,have access to and the right to examine at reasonable times any directly pertinent books,documents, papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City will give Vendor reasonable advance notice of intended audits. 7. Independent Contractor. It is expressly understood and agreed that Vendor will operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior will not apply as between City,its officers,agents,servants and employees,and Vendor,its officers,agents, Vendor Services Agreement Page 2 of 12 employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City will in no way be considered a Co-employer or a Joint employer of Vendor or any officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers, agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment benefits from City.Vendor will be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers,agents, servants,employees,contractors,or contractors. 8. Liability and Indemnification. 8.1 LIABILITY- VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS,SERVANTSAND EMPLOYEES,FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED,FOR EITHER PROPERTYDAMAGE OR LOSS(INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCL UDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR,ITS OFFICERS, AGENTS,SERVANTS,EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the software and/or documentation in accordance with this Agreement, it being understood that this agreement to defend, settle or pay will not apply if City modifies or misuses the software and/or documentation. So long as Vendor bears the cost and expense of payment for claims or actions against City pursuant to this section, Vendor will have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City will have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this Agreement, City will have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however,Vendor will fully participate and cooperate with City in defense of such claim or action.City agrees to give Vendor timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses will not eliminate Vendor's duty to indemnify City under this Agreement. If the software and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or Vendor Services Agreement Page 3 of 12 restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted,Vendor will, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the software and/or documentation; or (b) modify the software and/or documentation to make it non-infringing, provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; or (c) replace the software and/or documentation with equally suitable, compatible,and functionally equivalent non-infringing software and/or documentation at no additional charge to City; or (d)if none of the foregoing alternatives is reasonably available to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City, subsequent to which termination City may seek any and all remedies available to City under law. 9. Assignment and Subcontracting. 9.1 Assignment. Vendor will not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee will execute a written agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement. Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract,the subcontractor will execute a written agreement with Vendor referencing this Agreement under which subcontractor agrees to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor must provide City with a fully executed copy of any such subcontract. 10. Insurance. Vendor must provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any Services pursuant to this Agreement: 10.1 Coverage and Limits (a) Commercial General Liability: $1,000,000- Each Occurrence $2,000,000- Aggregate (b) Automobile Liability: $1,000,000- Each occurrence on a combined single limit basis Coverage will be on any vehicle used by Vendor, or its employees, agents, or representatives in the course of providing Services under this Agreement. "Any vehicle"will be any vehicle owned,hired and non-owned. (c) Worker's Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the Services are being performed Vendor Services Agreement Page 4 of 12 Employers' liability $100,000- Bodily Injury by accident;each accident/occurrence $100,000- Bodily Injury by disease;each employee $500,000- Bodily Injury by disease;policy limit (d) Professional Liability(Errors&Omissions): ❑ Applicable ❑N/A $1,000,000- Each Claim Limit $1,000,000- Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage must be claims-made,and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance must be submitted to City to evidence coverage. 10.2 General Requirements (a) The commercial general liability and automobile liability policies must name City as an additional insured thereon, as its interests may appear. The term City includes its employees,officers,officials,agents,and volunteers in respect to the contracted services. (b) The workers' compensation policy must include a Waiver of Subrogation (Right of Recovery)in favor of City. (c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage must be provided to City.Ten (10) days' notice will be acceptable in the event of non-payment of premium.Notice must be sent to the Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102, with copies to the Fort Worth City Attorney at the same address. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas.All insurers must have a minimum rating of A-VII in the current A.M.Best Key Rating Guide,or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management.If the rating is below that required,written approval of Risk Management is required. (e) Any failure on the part of City to request required insurance documentation will not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that Vendor has obtained all required insurance will be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. 11. Compliance with Laws,Ordinances,Rules and Regulations. Vendor agrees that in the performance of its obligations hereunder, it will comply with all applicable federal, state and local laws, Vendor Services Agreement Page 5 of 12 ordinances,rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances,rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist from and correct the violation. 12. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns, contractors,subcontractors,and successors in interest,as part of the consideration herein,agrees that in the performance of Vendor's duties and obligations hereunder, it will not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. Notices. Notices required pursuant to the provisions of this Agreement will be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission,or(3)received by the other party by United States Mail,registered,return receipt requested, addressed as follows: To CITY: To VENDOR: City of Fort Worth Pencco,Inc. Attn: Assistant City Manager Sarah Duffy, Bid Sec 200 Texas Street P.O.Box 600 Fort Worth,TX 76102-6314 San Felipe,TX 77473 Facsimile: (817) 392-8654 Facsimile: (404) 352-6077 With copy to Fort Worth City Attorney's Office at same address 14. Solicitation of Employees. Neither City nor Vendor will, during the term of this Agreement and additionally for a period of one year after its termination,solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. Notwithstanding the foregoing,this provision will not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. 15. Governmental Powers. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. Governing Law/Venue. This Agreement will be construed in accordance with the laws of the State of Texas. If any action,whether real or asserted,at law or in equity,is brought pursuant to this Vendor Services Agreement Page 6 of 12 Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. 18. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable,the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. 19. Force Maieure. City and Vendor will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement,but will not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems;restraints or prohibitions by any court,board,department,commission,or agency of the United States or of any States;civil disturbances;other national or regional emergencies;or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected(collectively, "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or hinders the Party's performance,as soon as reasonably possible after the occurrence of the Force Majeure Event,with the reasonableness of such notice to be determined by the City in its sole discretion.The notice required by this section must be addressed and delivered in accordance with Section 13 of this Agreement. 20. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only,will not be deemed a part of this Agreement,and are not intended to define or limit the scope of any provision of this Agreement. 21. Review of Counsel. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement or the Exhibits. 22. Amendments/Modifications/Extensions. No amendment, modification, or extension of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 23. Counterparts. This Agreement may be executed in one or more counterparts and each counterpart will, for all purposes,be deemed an original,but all such counterparts will together constitute one and the same instrument. 24. Warranty of Services. Vendor warrants that its services will be of a high quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's option, Vendor will either(a) use commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming services. 25. Immigration Nationality Act. Vendor must verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City,Vendor will provide City with copies of all I-9 Vendor Services Agreement Page 7 of 12 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services.VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,LIABILITIES,OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR AGENTS.City,upon written notice to Vendor,will have the right to immediately terminate this Agreement for violations of this provision by Vendor. 26. Ownership of Work Product. City will be the sole and exclusive owner of all reports, work papers,procedures,guides, and documentation that are created,published,displayed,or produced in conjunction with the services provided under this Agreement(collectively,"Work Product"). Further,City will be the sole and exclusive owner of all copyright,patent,trademark,trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first).Each copyrightable aspect of the Work Product will be considered a"work-made- for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product,or any part thereof,is not considered a"work-made-for-hire"within the meaning of the Copyright Act of 1976, as amended,Vendor hereby expressly assigns to City all exclusive right,title and interest in and to the Work Product,and all copies thereof,and in and to the copyright,patent,trademark,trade secret, and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim,lien for balance due,or rights of retention thereto on the part of City. 27. Signature Authority. The person signing this Agreement hereby warrants that they have the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order,resolution,ordinance or other authorization of the entity. This Agreement and any amendment hereto,may be executed by any authorized representative of Vendor.Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 28. Change in Company Name or Ownership. Vendor must notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records.The president of Vendor or authorized official must sign the letter.A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 29. No Bovcott of Israel. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2271 of the Texas Government Code,the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1)does not boycott Israel;and(2)will not boycott Israel during the term of the contract. The terms"boycott Israel" and "company"has the meanings ascribed to those terms in Section 2271 of the Texas Government Code. By signing this Agreement,Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott Israel; and (2)will not boycott Israel during the term of the Agreement. 30. Prohibition on Boycotting Energy Companies.Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, Vendor Services Agreement Page 8 of 12 the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full- time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and(2)will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1)does not boycott energy companies;and(2)will not boycott energy companies during the term of this Agreement. 31. Prohibition on Discrimination Against Firearm and Ammunition Industries.Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code,as added by Acts 2021, 87th Leg.,R.S., S.B. 19, § 1,the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement,by signing this Agreement,Vendor certifies that Vendor's signature provides written verification to the City that Vendor:(1)does not have a practice,policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 32. Electronic Signatures. This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature.For these purposes,"electronic signature"means electronically scanned and transmitted versions (e.g.via pdf file or facsimile transmission)of an original signature,or signatures electronically inserted via software such as Adobe Sign. 33. Entirety of Agreement. This Agreement contains the entire understanding and agreement between City and Vendor,their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. (signature page follows) Vendor Services Agreement Page 9 of 12 IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples. CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of By: Dana Burghdoff(Jan 7,202 5:01 CST) this contract,including ensuring all performance and Name: Dana Burghdoff reporting requirements. Title: Assistant City Manager Date: 120 By: s a Name: Shatabya Bergland APPROVAL RECOMMENDED: Title: Contract Compliance Specialist APPROVED AS TO FORM AND LEGALITY: Ch�isfiophe�l�a�de� By: Christopher Harder(Jan 7,202211:05 CST) Name: Chris Harder ov, Title: Water Director I��I By: DBlack(Jan 7,2022 14:17 CST) Name: Doug Black ATTEST: Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 21-0660 By: JannetteS.Goodall(Jdn10,202206:55CST) Date: 9/14/2021 Name: Jannette Goodall Form 1295• oA FORT Title: City Secretary X5 Fo�°°° � -' a 0 dd 8 °opted v rd*� VENDOR: ����� 900000' Ay nEXP`-0o4p Pencco,Inc. By: 1 CaA'a L Name: Sarah Duffy Title: Bid Sec. Date: December 20 , 20 21 OFFICIAL RECORD CITY SECRETARY Vendor Services Agreement FT. WORTH, TX EXHIBIT A SCOPE OF SERVICES *Behind this page* Vendor Services Agreement Page 11 of 12 FORTWORTH. RFP Cover Sheet PURCHASING DIVISION REQUEST FOR PROPOSALS (RFP) for 21-0051 Chemical Odor Control Services Issued: March 3, 2021 PROPOSAL SUBMISSION DEADLINE: March 25, 2021 by 1:30PM Local Time NO LATE PROPOSALS WILL BE ACCEPTED Proposal shall be de[ivered/mai[ed to: Legal Name, dlbla and address of Proposer submitting the Proposal: The Purchasing Manager Purchasing Division, Lower Level, City Hall, Pencco, Inc. 200 Texas Street, City of Fort Worth, Texas 76102. P.O. Box 600, San Felipe, TX 77473 Note: Return this Cover Sheet with the Proposal. Pre-Proposal Conference will be held via WebEx: Authorized Person:Sarah Duffy 11:00 AM (local time) March 10, 2021 Title: Bid Sec. Meeting Number(access code): 182 611 6653 Meeting password: d6xSgg8kk4z Signature: Mobile Device-*1-469-210-7159.,1826116653## Contact Person Name:Sarah Duffy Video- 1826116653ia fortworthtexas.webex.com phone: (979) 885-0005 Fax: (979 )885-3208 For additional information/clarifications regarding Email: sarah@pencco.com this RFP, please contact: Bidder/Supplied ID with City of Fort Wort/Federal Cristina Camarillo, Buyer ID Number(TIN): 0000002073n4-2333384 FMSPurchasing ResponsesC@fortworthtexas.gov Will contract be available for Cooperative Agreement use? (See Section 29)Yes No Acknowledgment of Addenda: #1�_#2 #3 #4 #5 • PDF or Adobe or electronic signature is acceptable on this RFP cover page. The Authorized Person, by his/her signature, represents that he/she is submitting a binding proposal and is authorized to bind. By signing and submitting, acknowledges that he/she has received and read the entire document packet, including all documents incorporated by reference, and agrees to be bound by the terms therein. • Proposals must be received in the Purchasing Office by 1:30 P.M., "Proposal Submission Deadline"AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Late bids will be returned or destroyed. • Proposals must be submitted in a sealed envelope WITH THE RFP NUMBER, RFP TITLE AND PROPOSER'S LEGAL NAME WRITTEN ON THE OUTSIDE OF THE ENVELOPE. In case of courier, it should be on the outside of the courier's shipping envelope. • Sealed proposals will be accepted from 8:30-1:30 on Thursdays at the South End lobby of City Hall. To hand deliver a bid other than that time period, please call Purchasing at 817-392-2462 to make an appointment. • Bid opening will be occurring through live stream on FortWorthTV at 2:00pm and can be viewed at http://fortworthtexas.gov/fMv/ RFP No. 21-0051, Odor Control Services, Page 1 of 37 penrzo PO Box 600 San Felipe,Texas 77473 (979) 885-0005 Fax: (979) 885-3208 March 22, 2021 Ms. Christina Camarillo City of Fort Worth 200 Texas Street, Lower Level Fort Worth, TX 76102 RE: 21-0051 Chemical Odor Control Services Implementation Dear Ms. Camarillo, This letter serves as our intent to supply the City of Fort Worth with a turnkey Odor Control Services program to include chemical storage and feed systems. If successful, Pencco will be the prime supplier for the work. Our proposal is attached. Our company contact info is: Pencco, Inc. P.O. Box 600 San Felipe, TX 77473 979-885-0005 ph / 979-885-3208 fax Submittal Questions: Sarah Duffy, Bid Sec. Sarah@pencco.com 979-987-7979 Technical Questions: Mel Blaine, Sr VP of Ops mel@pencco.com 909-809-7034 Chris Flores, Svc Mgr cf1ores atencco.com 951-349-6767 We have attached a summary of our company information and experience. Pencco will supplement any additional information requested. The attached proposal shall remain valid for 180 days from the date of this submittal. Sincerely, $Uj/� Sarah Duffy 4Y Bid Sec. FORTWORTH. ADDENDUM TO REQUEST FOR PROPOSALS 21-0051 Chemical Odor Control Services PURCHASING DIVISION ADDENDUM NO. 1 DATE ISSUED: March 16, 2021 REQUEST FOR PROPOSALS (RFP): 21-0051 BID OPENING DATE: March 25, 2021 (UNCHANGED) RFP No. 21-0051, issued March 3, 2021, is hereby amended as follows: 1. Questions and Answers document is hereby incorporated, in full text, page 2. 2. Attachment G—Insurance Requirements has been added as a separate document. All other terms and conditions remain unchanged. BUYER a a a a a a a a a a a a r a r r a r a a a a a a a r a a a a r r r r r r r a a a a a a a a a a a a a r a r r r r r r a r a a a a a r r r r r r a a a a a a a■ By the signature affixed below, Addendum No. 1 is hereby incorporated into and made part of the above referenced RFP. n COMPANY NAME: T' }(_"(� Inc. SIGNATURE: NOTE: Company name and signature must be the sa a on the original bid documents. Failure to return this form with your sealed bid may constitute grounds for rejection of your offer. Questions and Answers Q1. Is this a current application or new installation and application? Al. This is a current application. Q2. If current,who is your supplier and current cost of the Magnesium Hydroxide Slurry? A2. The current vendor is Premier Magnesia. Please submit a Public Information Request for the current cost. Q3. The treatment objectives note a goal of maintaining average daily atmospheric H2S levels of less than 25 ppm—please confirm that this objective will apply to all four targeted collection systems, M00292, M00253, M00280, M00338A. A3. Yes,the objective will apply to all four targeted collection systems, M00292;M00253, M00280, M00338A. Q4. The treatment objectives note a goal of maintaining dissolved sulfides of less than 0.5 mg/L— please confirm that this objective will apply to all four targeted collection systems, M00292, M00253, M00280, M00338A. A4. Yes,this objective will apply to all four targeted collection systems, M00292, M00253, M00280, M00338A. Q5. There is no mention of dosing sites for mains M00280 and M00338A. Can you please confirm if there is the ability to add chemical near the head of each of these two mains? . A5. There is currently no prepared dosing site for M00280 and M00338A.The ability to add chemicals to both M00280 and M00338A is present within the city sewer easement. However,the space and access might be limited for large equipment. Q6. Does the City of Fort Worth have any historical atmospheric H2S and dissolved sulfides data for the four noted collection systems, as well as the plant headworks,over the course of a typical year to allow us to determine chemistry demand for the four collection systems and the variation during the year? A6. Field Operations has some atmospheric H2S history data from August 2020 to present. However, there is no information for the plant headworks. Q7. Kemira's contention is that by effectively removing atmospheric H2S and dissolved sulfides in the collection systems and rendering a low level of liquid phase dissolved sulfides at the plant headworks, in essence eliminating the problem where it forms,will eliminate H2S issues at the plant headworks and beyond in the treatment process. Given this, is the city amenable to a treatment program that focuses on collection system odor control? A7. Field Operations is open to utilizing a treatment program that focuses on the four lines(M00292, M00253, M00280 and M0338A)mentioned in the RFP, not the entire system. Q8. Insurance in the Service Agreement: It's stating to provide a certificate of insurance but there isn't any details on what is needed,and there isn't any Attachment G, available. Can you please clarify if only a general certificate of insurance is needed for submission or are there any particular details that need to be listed on the certificate of insurance and if so can these be provided? A8. Attachment G, Insurance Requirements, has been added as a separate document. It will be located with the other bid documents on the City's Purchasing website. RFP No.21-0051, Chemical Odor Control Services Addendum No. 1, Page 2 of 5 Q9. The Service Agreement also list on page 1 an Attachment A, B, C, &F are these forms available? Can these forms please be provided? A9. Attachment B, C&F,are unavailable until a recommendation is made.Attachment A is the Request for Proposal. Q10. In the"Final Bid Documents"it mentions a spill response program on page 27, does this need to be submitted along with the RFP submission or is this needed when the contractor is selected to business with Fort Worth? A10. Page 27 does not reference"a spill response program. Section 2.12.1 (page 21)references the "spill response plan." This plan is only required if the Bidder is selected to provide chemical services. Q11. Please clarify if the MSDS will be needed to be submitted along with the RFP submission or is this needed when the contractor is selected to do business with Fort Worth? Al 1. Yes, copies of MSDS sheets need to be submitted with the RFP response. Q12. Can you supply the current vendor and pricing for each chemical? Al2. The current suppliers are Kemira Water Solutions Inc., Chemtrade Chemicals Corporation,Azure Water Services LLC, NRP Group Inc., US Peroxide LLC and Premier Magnesia LLC. Please submit a Public Information Request for the current cost. Q13. How many feeds sites will there be? Al 3. Please see information on Page 17 for the number of feeds sites.The ability to add chemicals to both M00280 and M00338A is present within the city's sewer easement. However,the space and access might be limited for large equipment. At the Village Creek Water Reclamation Facility the City is currently using two chemical feed sites. This includes the following: • Ferric Sulfate(gravity thickeners) • Magnesium Hydroxide(gravity thickeners) • NOTE: In the future additional feed sites may be added depending on need. Q14. Are you currently using all 3 of the iron products—ferric sulfate,ferric chloride and ferrous chloride? A14. The Village Creek Water Reclamation Facility is currently using ferric sulfate. Village Creek's third party biosolids contractor(Synagro)is currently using ferric chloride for post digestion treatment—however, please note,that post digestion chemical treatment is not part of this RFP. Q15. Will a chemical supplier be awarded separately for the delivery of the Liquid Ferric Sulfate if they are not able to supply the other feed station setups and monitoring services? A15. Bidders that only supply chemicals may submit bids in response to this RFP. However,a vendor's inability to provide"turnkey services"(storage tanks, dosing equipment, etc.)may negatively affect their overall score versus other vendors who do offer such services. Q16. What volume of the Magnesium Hydroxide will be used in digester solids? A16. The Village Creek Water Reclamation Facility is not currently treating its anaerobic digesters with magnesium hydroxide. However,the City is willing to consider proposals from bidders for digester treatment. NOTE: Village Creek has a mag hydroxide feed station that doses chemical RFP No.21-0051, Chemical Odor Control Services Addendum No. 1, Page 3 of 5 into the gravity thickeners(pre-digestion)at a rate of 50 gallons per day. This is done for alkalinity/pH control. Q17. What is the volume of Magnesium Hydroxide being provided as alkalinity for activated sludge? A17. The Village Creek Water Reclamation Facility is not currently treating its activated sludge with magnesium hydroxide. However,the City is willing to consider proposals from bidders for such a treatment program. Q18. What is the existing Magnesium Hydroxide price? A18. Please submit a Public Information Request for the current cost. Q19. Was the pre-bid meeting on March 10th, mandatory? A19. No,the pre bid meeting is not mandatory. Q20. Do you have to be a registered bidder in order to bid on the proposal? A20. No, you don't have to be a registered bidder in order to bid on the proposal but it is recommended. Q21. Pricing sheets F&G,for ferric sulfate,does not contain an"Estimated Quantity". Will this number be provided? A21. Estimated Quantities: Bid sheet F: 7,600,000 dry pounds + Bid Sheet G: Bid Sheet G is an"alternate proposal"where the bidder can submit a proposed treatment regimen. Q22. Is the insurance certificate to be provided with the proposal? A22. No,the insurance certificate shall not be provided with the proposal.The recommended Vendor will be required to submit it after the award. Q23. On pg 9, section 33.4, Does the city require 4 projects and references? Or does projects and references mean the same thing? A23. The Bidder shall provide contact information for the 4 projects submitted. The City reserves the right to contacts provided by the Bidder to verify past performance. Q24. What is the anticipated delivery size for the ferric sulfate? A24. Village Creek Estimated Quantities: + For Bid Sheet E: 360,000 gallons per year. + For Bid sheet F: 7,600,000 dry pounds + For Bid Sheet G: Bid Sheet G is an"alternate proposal"where the bidder can submit a proposed treatment regimen. Q25. As Fort Worth officials have expressed an interest in initiating an odor control program for collection systems M00280 and M00338A, can you please confirm that there would be a suitable site at or near the headworks of each line to allow for the installation of our feed and storage system. A25. The ability to add chemicals to both M00280 and M00338A is present within the city sewer easement. However,the space and access might be limited for large equipment. RFP No.21-0051, Chemical Odor Control Services Addendum No. 1, Page 4 of 5 Q26. Will the Vendor need to supply their own equipment? A26. Yes,the Vendor is responsible for supplying their own equipment(tanks, pump,metering, etc.). RFP No. 21-0051, Chemical Odor Control Services Addendum No. 1, Page 5 of 5 Company Brief Pencco, Inc. is a Texas Corporation established in 1984. Pencco has manufactured and delivered iron-based water treatment products to municipalities for over thirty-five years. Our product fon-nulations and quality control are custom engineered to meet customer specifications. Our services include delivery systems, monitoring, and site maintenance. Originally based in South-Central U.S., Pencco expanded its operations to serve the Southern California market with the same level of product quality and customer care. Pencco has a team of technicians, manufacturing facilities and delivery personnel/fleet to meet the needs of this RFP. Manufacturing Facilities: • Central Los Angeles Area Sealy,Texas • Bardwell,Texas Middlesex, North Carolina • Three Rivers,Texas Rail Distribution Terminals: • Willow Springs, IL Vernon, CA • Sealy, TX Bardwell, TX • Middlesex, NC • Elizabeth, NJ • Westborough, MA Baltimore, MD Our product line includes sulfate and chloride iron-based solutions and blends to customer specification used in water and wastewater treatment. We manufacture and/or market: • Ferric Sulfate Ferrous Chloride • Ferrous Sulfate Poly Ferric Sulfate • Fluorosilicic Acid • SULFeNDTM Ferric Chloride Understanding of the work to be performed and ability to perform the work The work to be performed is a complete turnkey odor control system including: consultation, testing, engineering services of odor control program, chemical manufacturing and delivery, storage, and dosing at sites in the Fort Worth collection system to meet or exceed the 25 ppm max target vapor H2S level. The work involves installing and maintaining tanks and dosing control & monitoring equipment that can be operated remotely. The scope of work also includes on-going local maintenance which will be performed by Site Technician(s) (Francisco Najera/Albert Cameron) and can be done as often as necessary (daily if needed). All chemicals manufactured in our plants are tested in our labs. Quality control is reviewed at that point. Site tech is also responsible for QA at the delivery sites verifying chemicals are appropriate quality. Chemicals to be considered for the City of Fort Worth project are: Ferric Sulfate—60% Ferrous Chloride— 18-32% Ferric Chloride - 35-40% Our Bardwell facility will be the primary manufacturing plant supplying this contract with Pencco's additional two Texas plants to be utilized as backup resources. Itemized list of system components—fiberglass and polyethlene tanks, pumps appropriate to service needs, PVS and/or polyethlene piping and components, relief valves, stand-by rotameters in case of pump failure, eyewashes, tank vents, electrical and potable water service, switches, wiring, circuit breakers, ground fault interrupters, drain lines, dosing lines. Added services including qualifications and approach to project— Laboratory product testing, field sulfide gas and liquid surveys, sampling, odor control program analysis and design, odor control pilot programs, temporary odor control site set up and operation (if needed), consultation, odor control engineering services. *plumbing, safety equipment, permits, 811 excavation searches, highline surveys in anticipation of crane lifts, if desired, drains of containment to the sewer. We assume the use of electrical and potable water is existing and we will be able to tie into it. Pencco has a proprietary web-based system used to remotely monitor and control dosing where Fort Worth will have the ability to see results and make changes to dosing 24 hours per day. If it is desired that Pencco make those changes, we can do those changes as well. We have local technicians and support from additional (3 total)Texas Pencco plants. Communication Process Any potential issues incurred during the scope of this work will be communicated either by phone or email to the direct contact person(s) within the City. Dave Miles, Central Regional Sales Manager, will be responsible for coordinating this communication. Frm`s history operating and maintaining chemical feed systems in collection systems Pencco currently owns, operates, and maintains water and wastewater treatment dosing sites in Texas, California, and North Carolina. Listed below are some municipalities, number of sites at each municipality, and the current combined dosing rates per day. While not all of these are dosing the same Pencco products, they are dosing the various ferrous and ferric chemicals we manufacture. As the site components are basically the same, the differences would be the materials of construction in respect to the chemical being handled. San Antonio Water System — 13 sites from 300 to 3800 GPD; 14,000 GPD total City of Dallas—8 sites from 150 to 3360 GPD; 8545 GPD total North Texas Municipal Water District— 7 sites from 200 to 1700 GPD; 3516 GPD total Vallecitos— 6 sites; 360+ GPD total Santa Margarita Water District— 6 sites from 36 to 200 GPD; 520 GPD total El Paso Water Utilities—3 sites 1714 GPD total(completed contract) Trinity River Authority—2 sites—4500 GPD total(completed contract) Why should Pencco be considered? Pencco will retain the engineering services of Gresham Smith to provide optimal odor control mitigation strategies that include and not limited to dosing locations, dosing, post treatment analysis and real time dosing changes. Chris Kaakaty, PE of Gresham Smith has previously partnered with Pennco and implemented an odor mitigation strategy for the City if Dallas Water Utilities that resulted in over 95% reduction of odor complaints throughout the City of Dallas. Pencco should be considered because we have over 35 years of experience working with water utilities providing water treatment solutions. Pencco has a fully operational team that can ensure that the City of Fort Worth's odor control needs are met. Our team is local with respect to Fort Worth and can provide maintenance, monitoring daily if necessary and can address any issues that arise very quickly. Pencco has extensive experience with turnkey treatment solutions where we provide chemical, storage equipment, dosing controls, pumps and remote monitoring and controls that fit the requirements for this RFP. Our site technicians will create a customizable schedule to fit the City of Fort Worth's needs; are available for 24 hour service and maintenance as needed; are experienced in building, servicing and maintaining our full dosing systems and can provide liquid and dissolved 1-12S sampling. Compliance Pencco takes a proactive stance towards our stewardship of the environment. Spill prevention and control measures start at the manufacturing facilities and follow the product all the way to its destination in your system. • Our plants and transportation fleet meet TCEQ, EPA and TxDOT requirements and our staff are continuously trained in spill prevention and control. • Our dosing sites are designed to accommodate leaks from minor drips to pipe breakage to tank failure by the use of appropriate containment and drain systems. • Our materials of construction are specifically selected with compatibility and maintenance free service in mind. • Where needed, relief valves and vents are designed into the site system to allow for the occasional unplanned event. • Our field staff conduct periodic site inspections and maintenance. • Our drivers inspect, record and report site conditions on customer specific forms which are reviewed by dispatch and site maintenance personnel in an effort to monitor and maintain sites. • All trucks carry a spill containment kit and other supplies to contain any spills outside of containment. • Depending on the circumstances and product, all ground spills are either mopped up, absorbed, remediated in place, or dug up and replacement soil applied. • All waste materials including contaminated soil are analyzed, manifested, and taken to TCEQ and EPA approved disposal sites. 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C v O N ao n s QLn 2 Env V � Ln n L ro j E ro d II to roai L L L � Q O to U Y 'CS to -4 4- OL -C O Q L a 0 O ro u Ew v ro O O cn O U Q w _ u O bLo u s- Ln Ln C C L] ra a U t p p E !l vLM I t0 ro 'i _0 C 00 en LTLO H FAD n -0 cn �- ___ __ Whl d O C QJ •V1 t1A flu dLn O LO C r U � - E `' o o 00 _0 '° a) AILx U Q C7 U d Q 0. of 0 • iJ Q v N :1 CL Q 4D o L L -a N �h: O O L- a� 'E o c +� u rB - —.. �:a i•w E U V to m a G _ � i d'. L l ry O Y � �• Q y `. TEAM QUALIFICATIONS We have 101 employees. Our key personnel include: • Owner/President&Chemical Engineer— R. L. Horne • VP of Engineering, California — Mel Blaine • Central Regional Sales Manager— Dave Miles • Senior Dispatcher- Dlynn Booth • Project Engineer/Process Engineer— Dillon Blaine Site Install —Chris Flores Site Technician — Francisco Najera/Albert Cameron Ron L. Horne, Owner/President&Chemical Engineer Ron attended Del Mar College in Corpus Christi and the University of Texas at Austin where he graduated in 1973 with degree in Chemical Engineering. Ron began his carrier in this industry as Plant Process Engineer for Phillips Petroleum in Sweeny, Texas. He then moved on to Plant Process Engineer at Quintana-Howell Joint Venture in Corpus Christi, Texas. In 1978 Ron went to work for Bay Chemical and Supply Company as Plant Engineer and Product Manager. Here he also started up a refinery process treatment division. He eventually went on to become President and Chief Operating Officer of the company. In 1984 Ron then moved on to establish his own company, Pencco, Inc in Corpus Christi, TX for the production of Ferrous Sulfate. To meet the demands of a growing market Ron expanded the production facilities over the years to include Three Rivers, Sealy and Bardwell,TX. Ron has now expanded Pencco's production facilities into North Carolina and California. Mel Blaine, VP of Engineering. Oversees all engineering, research and development for Pencco. Mel Blaine Graduated in 1992 from the BYU with a degree in Mechanical engineering. After his graduation in 1992 Mel started working at Thatcher Company in Salt Lake City Utah manufacturing water treatment chemicals. In 1994 Mel began work for Kemiron, which became Kemira; he oversaw the construction of Kemiron's first ferric chloride plant in a joint venture with US Magnesium in Rowley Utah. When Kemiron made the decision to begin manufacturing in California, Mel relocated to Southern California to design, build and start Kemiron's ferric chloride plant in Fontana California in 1996. In 2003, Mel designed and built a ferric sulfate plant on the same site as the ferric chloride plant in Fontana CA. When Water Elements Started in 2007 Mel left Kemira to build the Baltimore MD ferric chloride and sulfate plants. In 2010, when Kemira acquired Water Elements, Mel Joined Pencco and immediately began work on Pencco's ferric sulfate plant in Dallas Texas, which was completed 9 months later. In 2012, Mel assisted in procuring property and construction of Vernon facility. Facility was started in 2012. Dave Miles, Central Regional Sales Manager Dave graduated in 1995 from the University of Arkansas in Fayetteville, AR with a BSBA in Business Management and Economics. Upon graduating, Dave worked as a store manager of a convenient store where he developed as a leader and learned to manage a business operation. Dave joined IC Penney in 1997 where he served in a number of roles in Sales and Sales Leadership working with customers and associated to ensure the customers'needs were completely met. In 2004, Dave joined Allstate Insurance company where he held numerous positions working with Allstate agency owners to assist them in growing their business through new business acquisition and customer service along with leading a sales team. Dave joined Pencco in January of 2020 and is working with current customers and prospects to ensure Pencco is meeting and/or exceeding our customers'expectations. Dlynn Booth, Pencco's Senior Dispatcher, Customer Service/Transportation Manager Dlynn graduated in 1986 from Brazosport College in Brazosport Texas with a degree in Computer Science, and also graduated in 1988 from Lamar University in Beaumont, Texas with a degree in General Business Management. Dlynn was raised in three family businesses growing, up and learned the importance of great customer service from a very early age. After college, Dlynn began working for K-Mart in 1988, working on managing stores, building teams, and customer service. In 1990, Dlynn joined Western Auto managing a 27,000 sq store, and 8 auto service bays bringing this store in the top 10 stores out of 600 stores. After the company was sold to Sears, Dlynn joined Brookshire Brother Supermarket in 1998, as an assistant store director in Bellville Texas, where his focus was great customer service, managing a team of 85 employee's, and producing the stores profit and loss statement. Dlynn has been with Pencco, Inc for 8 years serving as Senior Dispatcher, Customer Service, and Transportation Manager for Pencco's trucking fleet. Dillon Blaine, Project Engineer/Process Engineer Dillon is a Project Engineer for Pencco and is responsible for executing capital expense projects as well as providing technical support for the SULFeND Monitoring and Controlling Program. Dillon is a University of California, Riverside alumni with a BS in Mechanical Engineering from the Bourne's College of Engineering. While attending UC Riverside, Dillon worked as an intern for Pencco. As an intern, Dillon assisted with the design and construction of the Pencco Ferric Chloride plant in Vernon, CA. Upon graduation in 2014, Dillon was hired by McCrometer Inc. in Hemet, CA as an applications/project engineer. Throughout his four and a half years at McCrometer, Dillon managed large and technical flow meter projects for customers such as BP, Bechtel, Shell, Samsung and many more. Some of Dillon's chief responsibilities included managing and creating project documentation (procedures, test plans, drawings, schedules, etc.), specifying instrumentation, specifying materials and creating bid packages. Dillon also developed a now patented technology for vibration resistant cone style DP flow meters. In 2019, Dillon returned to Pencco to aid in the company's expansion and provide instrumentation knowledge for their facilities as well as customer dosing sites. Among Dillon's responsibilities are specifying and purchasing piping material, equipment, pumps and vendor services. Dillon is the admin for Pencco's SULFeND Program, provides H2S level detection analysis, dosing curve optimizations and troubleshooting for PLCs, communications and other equipment. Chris Flores, Equipment&Service Manager Chris is the Equipment and Service Manager for Pencco and is responsible for all daily operations in service, Sulfend, and manufacturing nationwide. He has engineered and designed our current feed systems and level monitors as well as assisted with the overall design of our Sulfend website. Chris oversees a team of technicians who manage and maintain all customer sites. Chris has been with Pencco for 4 years and prior to that has 20 years experience in the wastewater treatment and telecommunications industry. Chris has a vast knowledge of everything from complete feed systems including controllers, pumps, level monitors, calibration systems, mobile feed systems and various other customer customizable options. Francisco Najera is our site technician that will be handling your site maintenance. He has been with Pencco for 7+ years and currently handles all the maintenance for the City of Dallas dosing sites as well as all northern Texas accounts. Pencco personnel responsibilities in regard to this project: Site Setup — Chris Flores/Dillon Blaine/Francisco Najera/Albert Cameron/Cody Dupray Site Maintenance — Francisco Najera/Albert Cameron Chemical Deliveries and monitoring — Dlynn Booth/Dave Miles/Chris Flores Contract Administration — Sarah Duffy, Inside Sales Manager Staff working on this project for the City of Fort Worth are very experienced and well-seasoned and have been with Pencco a long time. Project Org chart We will supplement a printed org chart should the information contained in this submittal not give a clear representation of how we propose to proceed. References 1. LA County Sanitation — Maribeth Tan, Senior Buyer, 1955 South Workman Mill Road, Whittier, CA 90601-1400, 562-908-4288, btan@lacsd.arg— Monitor levels and supply ferrous chloride based upon a "keep full" directive. Consumes 40-50 truckloads per week. *Largest odor control system in the US— Pencco provides 60% of this split contract. 2. City of Dallas — Zobeida Mendoza, Technical Supervisor, 214-670-8006; Chris Kakaaty, Former Assistant Director (retired), 972-957-5585, 1500 Marilla, Dallas, TX 75201, Zobeida.mendoza@dallascilyhall.com — turnkey system feeding ferrous sulfate and/or ferrous chloride at respective sites. Daily monitoring and dosage adjustment to meet customer target specific requirements. Monthly reporting and maintenance as needed per site, 3. San Antonio Water Systems (SAWS) — Roland Gutierrez, Superintendent SAWS Recycled Water & Odor Control Operations, 2800 Hwy 281 North, San Antonio, TX 78212, 210- 233-3194, roland.gutierrez@saws.org — turnkey system feeding ferrous sulfate at respective sites. Daily monitoring done by SAWS for chemical ordering. Weekly reporting and maintenance as needed per site. 4. North Texas Municipal Water District—Jennifer Purser, 972-442-5405, ipurser@ntmwd.com, 501 E. Brown Street, Wylie, TX 75098. Turnkey odor control system including tanks, pumps, chemical (ferrous chloride) and maintenance. Exceptions No exceptions taken or requested. Sample reports and product information included for your reference. SPMPL C_ e n r4 coco i. PO Box 600 San Feiipe,Texas 77473 (979)885-0005 Fax: (979) 885-3208 Santa Margarita Water District Odor and CEPT Program May 2019 Report Introduction and Current Operating Status There are 4 systems currently operating in the collection system using nitrate: 1. Coto De Caza LS 2. Horno PS 3. Ladero PS 4. South Ranch PS There were 3 additional sites currently not operating: 1. Ortega PS—System Installed —currently no wastewater flow 2. Telega PS—no System installed —station pumping to San Clemente 3. Pico PS—station pumping to San Clemente The treatment goal is to have no odors throughout the collection system. The goal is to keep the readings below 10 PPM at all times. In addition, there is a SULFeND system at the Chiquita LS. SULFeND is predominantly a solution of ferric chloride with an additional chemical to provide instant odor control at the wetwell and minimize the reduction of the ferric in the solution. The dose is typically at 25 mg/l of ferric plus a polymer that the district is adding for CEPT. The combination of the collection system odor control program plus the CEPT/odor program with the treatment plant scrubbers creates an odor free environment for the customers of the District. Pencco provides a website at bixonline.net to provide real time and historical data and operational control including: • Dose Rate and Curve • Current Tank Level • Current operating status • Hydrogen Sulfide Data at the Control Points Pencco provides weekly preventative maintenance to achieve a continuous online status of all systems. The reports for May are attached. This monthly report will provide a summary of the data collected, onstream time, variances, and will report on unusual events during each month.The detailed data is maintained on the website and can be downloaded to spreadsheets. Current Operation and Results The Systems in operation were online and had no outages or dose excursions during the month of September as shown in Table 1. Table 1: Online Status and Reliability Control Point for: End of Month Dose %Time Online Outages Rate (GPD) Coto De Caza PS 68.6 100% None Horno PS 140.2 100% None Ladera PS 26.0 100% None South Ranch 36.0 100% None Chiquita LS 30 mg/I 100% None Ortega LS Offline 0 ------ The results for September are shown in Table 2. Table 2: Hydrogen Sulfide Report Control Point for: Average HZS (PPM) 5-minute Spikes %time over 10over 10 PPM PPM Coto De Caza PS 0.4 54 0.7% Horno PS 1.3 115 1.3% Ladera PS 2.3 333 3.7% South Ranch 0.1 0 0.009/0 Ortega LS Offline ------ ------ Cha_ u� ita PS The dose rate was maintained at 30 mg/l for the month. The rollers on the pumps were replaced to stabilize the dosing. Coto de Caza PS Coto de Caza operated at 68.6 gpd. Data was consistent though-out the month. Horno PS Horno was operated at 142 gpd. Data was consistent,though-out the month. Ladera PS Ladero was operated at 26 gpd. Data was consistent though-out the month. 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O 2 0 E § s ° © r" 9 < q � \ ƒ E u E f m w < I u 0 2 2 \ rl- o o m / A Z \ / r En @ ® u E c o » u -0 m u k \ / 2 \ \ 2 � E 3 k k u § 0- U u % e \ e E e o � aj a- § % § t / q 7 ; ■ ■ \ U G ai w w m § m aj ai 2 / / U CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B.23.84th Leg.,Regular Session. OFFICEUSEONLY This questionmaire is being filed in accordance with Chapter 176,Local Govemment Code,by a vendor who oats Recmeed has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be riled with the records administrator of the local govemmental entity not later than the An business day after the date the vendor becomes aware of facts that require the statement to be tiled. See Section 176.006la-1),Local Government Code. A vendor commits an offense it the vendor knowingly violates Section 176.006,Local Government Code.An offense under this section is a misdemeanor. t Name of vendor who has a business relationship with local governmental entity. Pencco,Inc, ❑ Check this box if you are filing an update to a previously filed y pile quesitonnatre.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originaAy filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information to being disclosed. N/A Name of Officer 4 Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A} Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described.Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income,from the vendor? aYes RA'No B. Is the vendor receiving or likely to receive taxable income.other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No 6 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other bustness entity with respect to which the local government officer serves as an officer or director,or holds an ownership Interest of one percent or more. NIA 6 aCheck this box it the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B),excluding gifts described in Section 176.003(8-1). 7 3/22/2021 S' re i r buss .-w th mental entity Oats araRec. Form provided by Texas Ethics Commission www.elhtcs.state.tx.us Revised 11/3012016 RFP No. 21-0051, Odor Control Services, Page 11 of 37 Pencco higher standards.bettor water. PO Box 600 San Felipe,Texas 77473 (979)885-0005 Fax:(979)885-3208 BOARD OF DIRECTORS MEETING Prior Notice was waived and a meeting of the Directors was held on August 15, 2014. The following resolution was adopted in respects to the official signing of bids on behalf of Pencco, Inc. BE IT RESOLVED by the Board of Directors of Pencco, Inc. in a meeting duly assembled that Monica Avila, former Bid Secretary of the Corporation, no longer has authority to negotiate for and sign any bid proposals and/or contracts on behalf of the Corporation. BE IT FURTHER RESOLVED that Sarah Duffy, Bid Secretary, of the Corporation has authority to negotiate for and sign any bid proposals and/or contracts which the Corporation might enter into for the furnishing of services for the Corporation under such terms, conditions, and stipulations, and for such consideration as she may deem to be in the best interest of the Corporation. No further business was necessary and the meeting was concluded. Ron L. Horne, President penrzo Customer Service 800-864-1742 FAX 888-273-6226 Safety Data Sheet (SDS) Ferric Sulfate Solution SECTION 1 --Chemical Identification and Supplier's Information Product ID: Ferric Sulfate Solution Supplier's Name&Address: Use: Water Treatment Chemical Pencco,Inc. Chemical Formula: Fez(SO4)3 P.O. Box 600 Chemical Family: Inorganic Iron Salts San Felipe,TX 77473 CAS#: 10028-22-5 Emergency Phone: Pencco (979) 885-0005 CHEMTREC (800) 424-9300—24 hours a day SECTION 2--Hazards Identification GHS Information Health Hazards Signal Word: Warning Acute Toxicity, Oral -- Category 4. Toxic if Hazard Class: Corrosive to Metals (H290) ingested. May cause irritation to the mouth and Hazard Category i stomach. Higher doses may lead to abnormal Hazard Statement: Toxic if Swallowed liver function with nausea or vomiting, stomach (H301) pain, diarrhea, fast and weak pulse, lethargy, pallor, shock, hypertension, dilated pupils, fever, Appearance and Odor: Reddish-brown liquid coma, and even death. Individuals with pre- with a slightly acidic odor. existing liver diseases may have increased susceptibility to the toxicity of exposure. Emergency Overview: A corrosive chemical. Harmful or fatal if swallowed. Harmful if inhaled. Acute Toxicity, Dermal — Category 4. Pro- Eye or skin contact may cause irritation. Contact longed contact may cause irritation and, with liquid or vapor form of this chemical may possibly, burns. cause severe injury. Avoid overexposure. Eye Contact—Irritation and, possibly, burns. Pictograms: Inhalation — May cause irritation of the upper respiratory tract, resulting in difficulty breathing. Precautionary Statements y < >t Prevention • Wash skin thoroughly after handling. (P264) • Do not eat, drink, or smoke when using this product. (P270) Safety Data Sheet—Ferric Sulfate Solution Page 1 of 6 gene' Customer Service 800-864-1742 FAX 888-273-6226 • Avoid release to the environment. (P273) Carcinogenicity: None of the components of this material are listed as a carcinogen by Response IARC, NTP, OSHA, or ACGIH. • If swallowed: Rinse mouth. (P301+P330) Fire and Explosion Hazards: Substance itself o Call a POISON CENTER/doctor/phy- does not burn, but may decompose upon sician. (P312) heating to produce corrosive and/or toxic fumes. o Collect spillage (P391) Not considered a fire or explosion hazard. Disposal Considerations NFPA Rating HMIS Rating 4=Extreme/Severe Health 2 2 3=High/Serious • Dispose of this material and its container to Reactivity 0 0 2=Moderate hazardous or special waste collection point Flammability 0 0 1 =Slight in accordance with local, regional, national, and/or international regulation. (P501) SECTION 3 --Composition/Information on Ingredients Chemical Identity: Fe2(SO4)3 Common Name and synonyms: Ferric Sulfate. No other synonyms known. Ingredient CAS# Weight Percentage ACGIH TLV OSHA PEL STEL Ferric Sulfate 10028-22-5 35-60% 1 mg/m 1 mg/m N/A Sulfuric Acid 7664-93-9 < 1.0% TWA:0.2 m /m 1 m /m N/A Water 7732-18-5 39-65% N/A N/A N/A SECTION 4—First Aid Measures Eye Contact First Aid:Immediately flush eyes for 15 minutes with large amounts of water while holding eyelids apart.Washing within one minute is essential to achieve maximum effectiveness. Obtain medical attention IMMEDIATELY after flushing. Skin Contact First Aid: Flush skin with water.Remove contaminated clothing;wash before reuse.If irritation is still present,seek medical attention IMMEDIATELY. Inhalation First Aid: Remove to fresh air. If not breathing, give artificial respiration.If breathing is difficult, give oxygen.Obtain medical attention IMMEDIATELY. Ingestion First Aid: DO NOT INDUCE VOMITING.Give 1 or 2 glasses of water or milk.Never give anything by mouth to an unconscious individual. Obtain medical attention IMMEDIATELY. Safety Data Sheet—Ferric Sulfate Solution Page 2 of 6 pence Customer Service 800-864A742 FAX 888-273-6226 SECTION 5—Fire Fighting Measures Flash Point: Not applicable. Upper/Lower Explosion Limits in Air: Not applicable. Auto Ignition Temperature: Not applicable. Extinguishing Media:Will not burn; use materials appropriate for surrounding fire. Fire and Explosion Hazards: Substance itself does not burn, but may decompose upon heating to produce corrosive and/or toxic fumes, such as SO,and iron fumes. Fire Fighting Instructions: Firefighters should wear proper protective equipment and self-contained breathing apparatus with full face-piece operated in a positive pressure mode. Move exposed containers from fire area if it can be done without risk. Use water to keep fire-exposed containers and tanks cool. Hazardous Product of Decomposition or Combustion: SO, and iron fumes SECTION 6—Accidental Release Measures Review safety precautions before proceeding with cleanup. Use appropriate personal protection equipment. Do not touch spilled material. Neutralize spill with Time (calcium hydroxide), limestone (calcium carbonate),or soda ash (sodium carbonate). Restrict access to area until completion of clean up. Caution: limestone and soda ash will evolve COZ; ventilation should be provided in enclosed areas. Dike area around spill to prevent spreading,and use absorbent material to pick up spill. CERCLA Reportable Discharge (RQ): 1000 lbs. (454 kg), Based on anhydrous ferric sulfate. Divide by solution concentration to obtain solution weight. Disposal: Under the Resource Conservation and Recovery Act (RCRA), it is the responsibility of the user to determine whether a substance should be classified as a hazardous waste at the time of disposal. This is due to the fact that product use, transformation, synthesis, mixtures, etc, may change the nature of the product. Dispose of waste in accordance with applicable federal,state, and local laws. RCRA:Test waste material for corrosivity, D002, prior to disposal. Steps To Be Taken In Case Material Is Released Or Spilled: Notify the appropriate environmental authorities. Note that spills may need to be reported to the National Response Center((800)424-8802) SECTION 7--Handling and Storage Safety Data Sheet—Ferric Sulfate Solution Page 3 of 6 pens 10-ft ? Customer Service 800-864-,1742 FAX 888-273-6226 Handing: Store and handle in corrosion-proof materials (and area). Use FRP or PVC pipes. Be cautious of substance residue in empty containers.Act according to precautions and warnings set forth. Storage: Store in a tightly closed container. Fiberglass, plastic, rubber-lined, or type 316 (or better grades of steel) tanks may be used for storage. Protect from damage and keep separated from incompatible substances in Section 10. SECTION 8--Exposure Controls and Personal Protection Respiratory Protection:Adequate general ventilation should be provided to keep vapor and mists below exposure limits. The exposure limits for product components are listed in Section 2. Wear a NIOSH/OSHA approved respirator with a dust/mist cartridge if there is potential of exposure to mists in excess of applicable limits, in any situation where product vapor or mists may be present,such as in confined spaces. Eye Protection: Wear splash resistant goggles and/or safety glasses with side shields. Wear a full face shield if possibility of material splashing or spraying exists. Maintain eye wash fountain. Water should be supplied through insulated and heat-traced lines to prevent freeze-ups in cold weather. Skin Protection: Where there is possibility of skin contact, use the following as appropriate, to avoid skin contact: gloves impervious to material, apron, boots, hood, pants, and jacket. Maintain a safety shower with quick opening valves. Water should be supplied through insulated and heat-traced lines to prevent freeze-ups in cold weather. SECTION 9—Physical and Chemical Properties Boiling Point: 100-113°C (212-236°F) pH: < 2.0 Melting Point: N/A Solubility in Water: Complete Specific Gravity: 1.4— 1.6 Vapor Pressure: N/A %Volatile: 39—65 (Water) Evaporation Rate: N/A Vapor Density(Air = 1): N/A Molecular Weight: 399.88 Appearance: Red/Brown Colored Liquid Odor: Slightly acrid SECTION 10—Stability and Reactivity Stability:Stable at normal conditions Polymerization:Will not occur. Decomposition: Decomposes upon heating to produce corrosive and/or toxic fumes, such as SO,,, iron, and acid fumes. Incompatibility: Corrodes cast iron, bronze, and brass. Avoid contact with nylon, aluminum/aluminum alloys,carbon steel,stainless steel, galvanized steel,and copper/copper alloys. SECTION 11 —Toxicological Information Safety Data Sheet-Ferric Sulfate Solution Page 4 of 6 penrzo Customer Service 800.864-1742 FAX 888-273-6226 Chronic Effects: Repeated dosage may cause hemosiderosis, including possible damage to liver and pancreas. Chronic eye contact may cause local brown discoloration. Toxicological Data: Anhydrous Ferric Sulfate Solid Oral LD5c (rat) = 500 mg/kg Sulfuric Acid Oral LD50(rat) = 2140 mg/kg Sulfuric Acid Inhalation LD50(rat) = 510 mg/m3 in 2 hr. Carcinogenicity: None of the components of this material are listed as a carcinogen by IARC, NTP, OSHA, or ACCIH. Reproductive Effects: No reproductive effects are known. Target Organs: No data available. SECTION 12—Ecological Information Ecotoxicologicai Information: No ecological effects of this product are known. Safely store product to avoid release to the environment. SECTION 13—Disposal Considerations Under the Resource Conservation and Recovery Act (RCRA), it is the responsibility of the user to determine whether a substance should be classified as a hazardous waste at the time of disposal,This is due to the fact that product use, transformation, synthesis, mixtures, etc. may change the nature of the product. Product containers should be thoroughly emptied before disposal. Dispose of waste in accordance with applicable federal,state, and local laws. SECTION 14—Transportation Information DOT Shipping Name:Corrosive Liquid,Acidic,Inorganic, n.o.s. (contains Ferric Sulfate) Hazard Class:8—Corrosive Material UN Number: UN 3264 Packing Group:III Reportable Quantity: 1000 Ibs (454 kg) SECTION 15—Regulatory Information OSHA: Hazardous Corrosive Liquid —29 CFR 1920.1200 OSHA Process Safety(29 CFR 1910.119): No CERCIA: Hazardous Substance—Reportable Quantity (RQ) = 1000 Ibs (454 kg) SARA Regulations: 313 and 40 CFR 372: No Safety Data Sheet—Ferric Sulfate Solution Page 5 of 6 penezo Customer Service 800-364-1742 FAX 888-273-6226 SARA Hazard Categories, SARA Sections 311/312 (40 CFR 370.21): Acute: Yes; Chronic: No; Fire: No; Reactive: No; Sudden Release: No Clean Water Act: Designated as a hazardous substance under Section 311(b)(2)(A) of the Federal Water Pollution Control Act; ferric sulfate is also regulated by the Clean Water Act Amendments of 1977 and 1978.This chemical is subject to regulations regarding its discharge. TSCA Inventory Status: All components of the mixture on the TSCA 8(b) inventory are designated "active". California Proposition 65: No Right-To-Know Lists: Massachusetts, California, Pennsylvania, New Jersey. This substance does not contain nor is manufactured with ozone-depleting substances. Canadian Regulations: CPR: Corrosive, Class E; DSL: Listed SECTION 16—Other Information Revision Date:June 26, 2019 Pencco provides the information contained in each SDS, technical data sheet ("TDS"), product information brochure and/or information contained herein (including data and statements) in good faith and makes no representations as to its comprehensiveness or accuracy as of the date of publication. The SDSs, TDSs, and product information brochures are referred to collectively as the "Data Sheets". It is the responsibility of the user to obtain and use the most recent version of the Data Sheets. Each Data Sheet relates only to the specific product designated therein and may not be valid where such product is used in combination with any other materials or in any process. Further, since the conditions and methods of use of the product and information are beyond the control of Pencco, Pencco expressly disclaims any and all liability as to any consequential damages or results obtained or arising from any use of the products or the information contained in the Data Sheets. NO WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, IS MADE AS CONCERNS THE DATA SHEETS OR THE RELATED PRODUCTS. No statement made in the Data Sheets or by any employee or agent of Pencco shall be construed as a permission or recommendation for the use of any product in a manner that might infringe existing patents. No employee, agent, distributor, or sales representative is authorized to vary the terms of the above paragraph, to make any statements, representations, or warranties inconsistent with the above paragraph, or to provide any information that is at variance with the above paragraph. All materials related to the product are subject in all respects to the above paragraph and to the extent that they are inconsistent with the above paragraph, the terms of the above paragraph shall control. Safety Data Sheet—Ferric Sulfate Solution Page 6 of 6 penrzo Customer Service 800-864-1742 FAX 888-273-6226 Safety Data Sheet (SDS) Ferric Chloride Solution SECTION 1—Chemical Identification and Supplier's Information Product ID: Ferric Chloride Solution Supplier's Name and Address: Product Use: Water Treatment Chemical Pencco,Inc. Product Formula: FeC13 P.O. Box 600 Chemical Family: Inorganic Iron Salts San Felipe,TX 77473 CAS#: 7705-08-0 Emergency Phone Number: PENCCO (979) 885-0005 CHEMTREC (800)424-9300—24 hours a day SECTION 2—Hazard Identification GHS Information Health Hazards Signal Word: Warning Acute Toxicity, Oral — Category 4. Toxic if Hazard Class: Corrosive to Metals (H290) ingested. May cause irritation to the mouth and Hazard Category: 1 stomach. Higher doses may lead to abnormal Hazard Statement: Toxic if Swallowed liver function with nausea or vomiting, stomach (H301) pain, diarrhea, fast and weak pulse, lethargy, Causes severe skin dam- pallor, shock, hypertension, dilated pupils, fever, age and eye damage. coma, and even death. Individuals with pre- (H314) existing liver diseases may have increased susceptibility to the toxicity of exposure. Appearance and Odor: Reddish-brown liquid Pro- with a slightly acidic odor. Acute Toxicity, Dermal — Category 4. Pro- longed contact may cause irritation and, Emergency Overview: A corrosive chemical. possibly, burns. Harmful or fatal if swallowed. Harmful if inhaled. Eye or skin contact may cause irritation. Contact Eye Contact—Irritation and, possibly, burns. with liquid or vapor form of this chemical may cause severe injury. Avoid overexposure. Inhalation — May cause irritation of the upper respiratory tract, resulting in difficulty breathing. Pictograms: Precautionary Statements Prevention Wash skin thoroughly after handling. (P264) < > Do not eat, drink, or smoke when using this product. (P270) Safety Data Sheet—Ferric Chloride Solution Page 1 of 6 penirzo Customer Service 600-864-1742 FAX 888-273-6226 • Avoid release to the environment. (P273) Carcinogenicity: None of the components of Response this material are listed as a carcinogen by IARC, NTP, OSHA, or ACGIH. • If swallowed: Rinse mouth. (P301+P330) o Call a POISON CENTER/doctor/phy- Fire and Explosion Hazards: Substance itself sician. (P312) does not burn, but may decompose upon o Collect spillage (P391) heating to produce corrosive and/or toxic fumes. Not considered a fire or explosion hazard. Disposal Considerations NFPA Rating HMIS Rating 4 µ Extreme/Severe • Dispose of this material and its container to Health 2 2 3=High/Serious hazardous or special waste collection point Reactivity 0 0 2=Moderate in accordance with local, regional, national, and/or international regulation. (P501) Flammability 0 0 1=Slight SECTION 3—Composition/Information on Ingredients Chemical Identity: FeC13 Common Name and Synonyms: Ferric chloride; no known synonyms Ingredient CAS# Weight Percentage ACGIH TLV OSHA PEL STEL Water 7732-18-5 58-72% N/A N/A N/A Ferric Chloride 7705-08-0 28—42% 1 m /m 1 m /m N/A Ferrous Chloride 7758-94-3 <0.5% 1 m /m 1 m /m N/A H drochloric Acid 7647-01-0 <0.5% 5 Ppm 5 m N/A Section 313 Supplier Notification: The hydrochloric acid mentioned above is subject to the reporting requirements of SARA TITLE III Section 313 of the Emergency Planning and Community Right-To-Know Act of 1986 (40 CFR 372). This notification must be included in all MSDS's that are copied and distributed for this material. SECTION 4— First Aid Measures Eye Contact First Aid:Immediately flush eyes for 15 minutes with large amounts of water while holding eyelids apart. Washing within one minute is essential to achieve maximum effectiveness. Obtain medical attention IMMEDIATELY after flushing. Skin Contact First Aid: Flush skin with water. Remove contaminated clothing;wash before reuse.If irritation is still present,seek medical attention IMMEDIATELY. Inhalation First Aid: Remove to fresh air.If not breathing, give artificial respiration. If breathing is difficult, give oxygen.Obtain medical attention IMMEDIATELY. Ingestion First Aid: DO NOT INDUCE VOMITING.Give 1 or 2 glasses of water or milk.Never give anything by mouth to an unconscious individual. Obtain medical attention IMMEDIATELY. Safety Data Sheet—Ferric Chloride Solution Page 2 of 6 pent' Customer Service 800-864-1742 FAX 888-273-6226 SECTION 5—Fire Fighting Measures Flash point: Not applicable. Upper/Lower Explosion limits in Air: Not applicable. Auto Ignition Temperature: Not applicable. Extinguishing Media:Will not burn; use materials appropriate for surrounding fire. Fire and Explosion Hazards: Substance itself does not burn, but may decompose upon heating to produce corrosive and/or toxic fumes, such as hydrogen chloride and phosgene gas. Ferric chloride can react with metals to form flammable and potentially explosive hydrogen gas. Fire Fighting Instructions: Firefighters should wear proper protective equipment and self-contained breathing apparatus with full face-piece operated in a positive pressure mode. Move exposed containers from fire area if it can be done without risk. Use water to keep fire-exposed containers and tanks cool. Hazardous Product of Decomposition or Combustion: Hydrogen chloride, hydrogen, phosgene. SECTION 6—Accidental Release Measures Review safety precautions before proceeding with cleanup. Use appropriate personal protection equipment. Do not touch spilled material. Neutralize spill with lime (calcium hydroxide), limestone (calcium carbonate), or soda ash (sodium carbonate). Restrict access to area until completion of clean up. Caution: limestone and soda ash will evolve CO2;ventilation should be provided in enclosed areas. Dike area around spill to prevent spreading, and use absorbent material to pick up spill. CERCLA Reportable Discharge (RQ): 1000 lbs. (454 kg), Based on anhydrous ferric chloride. Divide by solution concentration to obtain solution weight. Disposal: Under the Resource Conservation and Recovery Act (RCRA), it is the responsibility of the user to determine whether a substance should be classified as a hazardous waste at the time of disposal. This is due to the fact that product use, transformation, synthesis, mixtures, etc. may change the nature of the product. Dispose of waste in accordance with applicable federal,state, and local laws. RCRA:Test waste material for corrosivity, DOO2, prior to disposal. Steps To Be Taken In Case Material Is Released Or Spilled: Notify the appropriate environmental authorities. Note that spills may need to be reported to the National Response Center((800)424-8802) SECTION 7—Handling and Storage Handing: Store and handle in corrosion-proof materials (and area). Use FRP or PVC pipes. Be cautious of substance residue in empty containers.Act according to precautions and warnings set forth. Safety Data Sheet—Ferric Chloride Solution Page 3 of 6 penroo Customer Service 800-864-i742 FAX 888-273-6226 Storage: Store in a tightly closed container. Do not store in metal containers. Fiberglass, plastic, or rubber-lined tanks may be used for storage. Protect from damage and keep separated from incompatible substances. SECTION 8— Exposure and Personal Protection Respiratory Protection:Adequate general ventilation should be provided to keep vapor and mists below exposure limits. The exposure limits for some components are listed in Section 2. Wear a NIOSH/OSHA approved respirator with a dust/mist cartridge if there is potential of exposure to mists in excess of applicable limits, in any situation where product vapor or mists may be present,such as in confined spaces. Eye Protection: Wear splash resistant goggles and/or safety glasses with side shields. Wear a full face shield if possibility of material splashing or spraying exists. Maintain eye wash fountain. Water should be supplied through insulated and heat-traced lines to prevent freeze-ups in cold weather. Skin Protection: Where there is possibility of skin contact, use the following as appropriate, to avoid skin contact: gloves impervious to material, apron, boots, hood, pants, and jacket. Maintain a safety shower with quick opening valves.Water should be supplied through insulated and heat-traced lines to prevent freeze-ups in cold weather. SECTION 9—Physical and Chemical Properties Boiling Point: 106°C (223°F) pH: < 2.0 Melting Point: N/A Solubility in Water: _Complete Specific Gravity: 1.2—1.6 Vapor Pressure: 40 mm Hg @ 200C %Volatile: 60—75 (Water) Evaporation Rate: N/A Vapor Density(Air = 1): N/A Molecular Weight: 162.2 Appearance: Red/Brown Colored Li uid Odor: Slightly acrid SECTION 10--Stability and Reactivity Stability:Stable at normal conditions Polymerization:Will not occur. Decomposition: Decomposes upon heating to produce corrosive and/or toxic fumes, such as hydrogen chloride. Contact with metals may evolve flammable hydrogen gas. Incompatibility: Rapidly corrodes most metals (titanium is one exception); may generate flammable, potentially explosive hydrogen gas. Avoid contact with nylon, aluminum/aluminum alloys, carbon steel, stainless steel, and copper/copper alloys. Metals, bases, halocarbons, acids, and combustible materials can be considered incompatible. Safety Data Sheet—Ferric Chloride Solution Page 4 of 6 pence Customer Service 800-864-1742 FAX 888-273-6226 SECTION 11—Toxicological Information Chronic Effects: Repeated dosage may cause hemosiderosis, including possible damage to liver and pancreas, Toxicological Data:Anhydrous Ferric Chloride Solid Oral LD50(rat) = 450 mg/kg Carcinogenicity: None of the components of this material are listed as a carcinogen by IARC, NTP, OSHA, or ACCIH. Reproductive Effects: TDLo Rat 1 day (intratesticular) 12976 yg/kg; TDLo Rat 1 day (intravaginal) 29 mg/kg pre-pregnancy continuous. Target Organs: No data available. SECTION 12—Ecological Information Ecotoxicological Information: TLm Daphnia 15 ppm/96 hr fresh water/conditions of bioassay not specified. Persistence and Degradation: No data available SECTION 13—Disposal Considerations Under the Resource Conservation and Recovery Act (RCRA), it is the responsibility of the user to determine whether a substance should be classified as a hazardous waste at the time of disposal.This is due to the fact that product use, transformation, synthesis, mixtures, etc. may change the nature of the product. Product containers should be thoroughly emptied before disposal. Dispose of waste in accordance with applicable federal,state, and local laws. SECTION 14—Transportation Information DOT Shipping Name: Ferric Chloride Solution Reportable Quantity. 1000 ibs(454 kg) Hazard Class: 8—Corrosive Material Shipping Containers: Rubber-lined steel tank UN Number: UN 2582 cars/trucks; polyethylene drums, bottles. Packing Group: III Storage Conditions: Keep containers closed. SECTION 15--Regulatory Information OSHA: Hazardous Corrosive Liquid—29 CFR 1920.1200 OSHA Process Safety(29 CFR 1910.119): No Safety Data Sheet--Ferric Chloride Solution Page 5 of 6 pence Customer Service 800-864-1742 FAX 888-273-6226 CERCLA: Hazardous Substance—Reportable Quantity(RQ) = 1000 Ibs (454 kg) SARA Regulations: 313 and 40 CFR 372: No SARA Hazard Categories, SARA Sections 311/312 (40 CFR 370.21): Acute:Yes; Chronic: No; Fire: No; Reactive: No;Sudden Release: No Clean Water Act: Designated as a hazardous substance under Section 311(b)(2)(A) of the Federal Water Pollution Control Act; ferric chloride is also regulated by the Clean Water Act Amendments of 1977 and 1978.This chemical is subject to regulations regarding its discharge. TSCA Inventory Status:Yes California Proposition 65: No Right-To-Know Lists: Massachusetts, California, Pennsylvania, New Jersey. This substance does not contain nor is manufactured with ozone-depleting substances. SECTION 16—Other Information IMPORTANT! Read this MSDS before use or disposal of this product. Pass along the information to employees and any other persons who could be exposed to the product to be sure that they are aware of the information before use or other exposure. Revision Date: May 22, 2015 Pencco provides the information contained in each SDS, technical data sheet ("TDS"), product information brochure and/or information contained herein (including data and statements) in good faith and makes no representations as to its comprehensiveness or accuracy as of the date of publication. The SDSs, TDSs, and product information brochures are referred to collectively as the "Data Sheets".It is the responsibility of the user to obtain and use the most recent version of the Data Sheets. Each Data Sheet relates only to the specific product designated therein and may not be valid where such product is used in combination with any other materials or in any process. Further,since the conditions and methods of use of the product and information are beyond the control of Pencco, Pencco expressly disclaims any and all liability as to any consequential damages or results obtained or arising from any use of the products or the information contained in the Data Sheets. NO WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, IS MADE AS CONCERNS THE DATA SHEETS OR THE RELATED PRODUCTS. No statement made in the Data Sheets or by any employee or agent of Pencco shall be construed as a permission or recommendation for the use of any product in a manner that might infringe existing patents. No employee, agent, distributor, or sales representative is authorized to vary the terms of the above paragraph, to make any statements, representations, or warranties inconsistent with the above paragraph, or to provide any information that is at variance with the above paragraph. All materials related to the product are subject in all respects to the above paragraph and to the extent that they are inconsistent with the above paragraph, the terms of the above paragraph shall control. Safety Data Sheet—Ferric Chloride Solution Page 6 of 6 p e n .rvx�n Customer Service 800-864-1742 FAX 888-273-6226 Safety Data Sheet (SDS) Ferrous Chloride Solution SECTION 1—Chemical Identification and Supplier Information Product ID: Ferrous Chloride Solution Supplier's Name and Address: Chemical Family: Inorganic Iron Salts Pencco,Inc. Product Use: Water Treatment Chemical P.O. Box 600 CAS#: 7758-94-3 San Felipe,TX 77473 Product Formula: FeC12 Emergency Phone Number: PENCCO (979) 885-0005 CHEMTREC (800)424-9300—24 hours a day SECTION 2—Hazards Identification GHS Information Health Hazards Signal Word: Warning Acute Toxicity, Oral — Category 4. Toxic if Hazard Class: Corrosive to Metals (H290) ingested. May cause irritation to the mouth and Hazard Category: 1 stomach. Higher doses may lead to abnormal Hazard Statement: Toxic if Swallowed liver function with nausea or vomiting, stomach (H301) pain, diarrhea, fast and weak pulse, lethargy, Causes severe skin dam- pallor, shock, hypertension, dilated pupils, fever, age and eye damage. coma, and even death. Individuals with pre- (H314) existing liver diseases may have increased susceptibility to the toxicity of exposure. Appearance and Odor: Pale green iiquid with a Pro- slightly acidic odor. Acute Toxicity, Derma! -- Category 4. Pro- longed contact may cause irritation and, Emergency Overview:A corrosive material. possibly, burns. Harmful or fatal if swallowed. Harmful if inhaled. Eye or skin contact may cause irritation. Contact Eye Contact—Irritation and, possibly, burns. with liquid or vapor form of this chemical may cause severe injury. Avoid overexposure. Inhalation -- May cause irritation of the upper respiratory tract, resulting in difficulty breathing. Pictograms: Precautiona Statements Prevention �v r Wash skin thoroughly after handling. (P264) Do not eat, drink, or smoke when using this product. (P270) Safety Data Sheet—Ferrous Chloride Solution Page 1 of 6 p e n cc At Customer Service 800-864-1742 FAX 886-273-6226 • Avoid release to the environment. (P273) this material are listed as a carcinogen by IARC, NTP, OSHA, or ACGIH. Response Fire and Explosion Hazards: Substance itself • If swallowed: Rinse mouth. (P301+P330) does not burn, but may decompose upon o Call a POISON CENTER/doctor/phy- heating to produce corrosive and/or toxic fumes, sician. (P312) such as hydrogen chloride and phosgene gas. n Collect spillage (P391) Ferrous chloride can react with metals to form flammable and potentially explosive hydrogen Disposal Considerations gas. • Dispose of this material and its container to NFPA Rating HMIS Rating 4=Extreme/Severe hazardous or special waste collection point Health 2 2 3=High/Serious in accordance with local, regional, national, Reactivity 0 0 2=Moderate and/or international regulation. (P501) Flammability 0 0 1=Slight Carcinogenicity: None of the components of SECTION 3 —Composition/Information on Ingredients Chemical Identity: FeC12 Common Name and Synonyms: Ferrous chloride; no known synonyms Ingredient CAS# Weight Percentage ACGIH TLV OSHA PEL STEL Water 7732-18-5 < 80% N/A N/A N/A Ferric Chloride 7705-08-0 < 3% 1 m /m 1 m /m N/A Ferrous Chloride 7758-94-3 < 36% 1 m /m 1 m /m N/A Hydrochloric Acid 7647-01-0 < 0.5% 5 ppm 5 ppm N/A Section 313 Supplier Notification:The hydrochloric acid mentioned above is subject to the reporting requirements of SARA TITLE III Section 313 of the Emergency Planning and Community Right-To-Know Act of 1986(40 CFR 372).This notification must be included in all MSDS's that are copied and distributed for this material. SECTION 4—First Aid Measures Eye Contact First Aid:Immediately flush eyes for 15 minutes with large amounts of water while holding eyelids apart.Washing within one minute is essential to achieve maximum effectiveness.Obtain medical attention IMMEDIATELY after flushing. Skin Contact First Aid:Flush skin with water.Remove contaminated clothing;wash before reuse.If irritation is still present,seek medical attention IMMEDIATELY. Inhalation First Aid: Remove to fresh air.If not breathing,give artificial respiration.If breathing is difficult, give oxygen. Obtain medical attention IMMEDIATELY. Safety Data Sheet—Ferrous Chloride Solution Page 2 of 6 penc.�Ali Customer Service 800-864-1742 FAX 888-273-6226 Ingestion First Aid:DO NOT INDUCE VOMITING.Give I or 2 glasses of water or milk.Never give anything by mouth to an unconscious individual. Obtain medical attention IMMEDIATELY. SECTION 5—Fire Fighting Measures Flash Point: Not applicable. Upper/Lower Explosion Limits in Air: Not applicable. Auto Ignition Temperature: Not applicable. Extinguishing Media:Will not burn; use materials appropriate for surrounding fire. Fire and Explosion Hazards: Substance itself does not burn, but may decompose upon heating to produce corrosive and/or toxic fumes,such as hydrogen chloride and phosgene gas. Ferrous chloride can react with metals to form flammable and potentially explosive hydrogen gas. Fire Fighting Instructions: Firefighters should wear proper protective equipment and self-contained breathing apparatus with full face-piece operated in a positive pressure mode. Move exposed containers from fire area if it can be done without risk. Use water to keep fire-exposed containers and tanks cool. Hazardous Product of Decomposition or Combustion: Hydrogen chloride, hydrogen, phosgene. SECTION 6--Accidental Release Measures Review safety precautions before proceeding with cleanup. Use appropriate personal protection equipment. Do not touch spilled material. Neutralize spill with lime(calcium hydroxide), limestone (calcium carbonate), or soda ash (sodium carbonate). Restrict access to area until completion of clean up. Caution: limestone and soda ash will evolve CO2;ventilation should be provided in enclosed areas. Dike area around spill to prevent spreading, and use absorbent material to pick up spill. CERCLA Reportable Discharge (RQ):100 lbs.(45.4 kg),Based on anhydrous ferrous chloride. Divide by solution concentration to obtain solution weight. Disposal: Under the Resource Conservation and Recovery Act(RCRA),it is the responsibility of the user to determine whether a substance should be classified as a hazardous waste at the time of disposal.This is due to the fact that product use,transformation,synthesis, mixtures,etc. may change the nature of the product.Dispose of waste in accordance with applicable federal,state, and local laws. RCRA:Test waste material for corrosivity, D002,prior to disposal. Steps To Be Taken In Case Material Is Released Or Spilled: Notify the appropriate environmental authorities. Nate that spills may need to be reported to the National Response Center((800)424-8802) Safety Data Sheet—Ferrous Chloride Solution Page 3 of 6 p e ncx� Customer Service 800-864-1742 FAX 888-273-6226 SECTION 7--Handling and Storage Handing: Store and handle in corrosion-proof materials (and area). Use FRP or PVC pipes. Be cautious of substance residue in empty containers.Act according to precautions and warnings set forth. Storage:Store in a tightly closed container. Do not store in metal containers. Fiberglass, plastic, or rubber-lined tanks may be used for storage. Protect from damage and keep separated from incompatible substances. SECTION 8— Exposure Controls and Personal Protection Respiratory Protection:Adequate general ventilation should be provided to keep vapor and mists below exposure limits.The exposure limits for some components are listed in Section 2. Wear a NIOSH/OSHA approved respirator with a dust/mist cartridge if there is potential of exposure to mists in excess of applicable limits, in any situation where product vapor or mists may be present,such as in confined spaces. Eye Protection:Wear splash resistant goggles and/or safety glasses with side shields.Wear a full face shield if possibility of material splashing or spraying exists. Maintain eye wash fountain.Water should be supplied through insulated and heat-traced fines to prevent freeze-ups in cold weather. Skin Protection:Where there is possibility of skin contact,use the following as appropriate,to avoid skin contact:gloves impervious to material,apron, boots, hood,pants, andjacket. Maintain a safety shower with quick opening valves.Water should be supplied through insulated and heat-traced lines to prevent freeze-ups in cold weather. SECTION 9 -- Physical and Chemical Properties Boiling Point: 104°C (219°F) pH: <2.1 Melting Point: N/A Solubiliy in Water: Complete Specific Gravity. 1.21--1.42 Vapor Pressure: 10 mm Hg @ 700°C Volatile: 55-75 (Water) --.Evaporation Rate: N/A Vapor Density(Air = 1): N/A Molecular Weight: 126.76 Appearance: Pale Green Colored Liquid Odor: Slightly acrid SECTION 10-Stability and Reactivity Stability: Stable at normal conditions Polymerization:WA[ not occur. Decomposition: Decomposes upon heating to produce corrosive and/or toxic fumes,such as hydrogen chloride. Contact with metals may evolve flammable hydrogen gas. Incompatibility:Rapidly corrodes most metals(titanium is one exception);may generate Safety Data Sheet—Ferrous Chloride Solution Page 4 of 6 p e n cx�Ai Customer Service 800-864-1742 FAX 888-273-6226 flammable,potentially explosive hydrogen gas.Avoid contact with nylon, aluminum/aluminum alloys, carbon steel, stainless steel,and copper/copper alloys. Metals, bases, halocarbons, acids, and combustible materials can be considered incompatible. SECTION 11—Toxicological Information Chronic Effects: Repeated dosage may cause hemosiderosis, including possible damage to liver and pancreas. Toxicological Data:Anhydrous Ferrous Chloride Solid Oral LD5o (rat) = 450 mg/kg Carcinogenicity: None of the components of this material are listed as a carcinogen by IARC, NTP, OSHA, or ACGIH. Reproductive Effects: No data available. Target Organs: No data available. SECTION 12—Ecological Information Ecotoxicological Information: No data available. Persistence and Degradation: No data available. SECTION 13--Disposal Considerations Under the Resource Conservation and Recovery Act(RCRA), it is the responsibility of the user to determine whether a substance should be classified as a hazardous waste at the time of disposal.This is due to the fact that product use,transformation,synthesis, mixtures,etc.may change the nature of the product. Product containers should be thoroughly emptied before disposal. Dispose of waste in accordance with applicable federal,state,and local laws. SECTION 14--Transportation Information DOT Shipping Name: Ferrous Chloride Solution Hazard Class:8—Corrosive Material UN Number: UN 1760 Packing Group:Ii Reportable Quantity: 100 Ibs (45.4 kg) Shipping Containers: Rubber-lined steel tank cars/trucks; polyethylene drums, bottles Storage Conditions: Keep containers closed SECTION 15—Regulatory Information OSHA: Hazardous Corrosive Liquid—29 CFR 1920.1200 OSHA Process Safety(29 CFR 1910.119): No Safety Data Sheet—Ferrous Chloride Solution Page 5 of 6 penc,.�,n Customer Service 800-864-1742 FAX 888-273-6226 CERCLA: Hazardous Substance—Reportable Quantity(RQ) = 100 1bs (45.4 kg) SARA Regulations: 313 and 40 CFR 372: No SARA Hazard Categories, SARA Sections 311/312 (40 CFR 370.21): Acute:Yes;Chronic: No; Fire: No; Reactive: No;Sudden Release: No Clean Water Act: Designated as a hazardous substance under Section 311(b)(2)(A)of the Federal Water Pollution Control Act;ferrous chloride is also regulated by the Clean Water Act Amendments of 1977 and 1978.This chemical is subject to regulations regarding its discharge. TSCA Inventory Status:Yes California Proposition 65: No Right-To-Know Lists: Massachusetts, California, Pennsylvania, New Jersey. This substance does not contain nor is manufactured with ozone-depleting substances. SECTION 16—Other Information • Revision Date: July 2,2015 Issue Date(GHS compliant): May 15,2015 IMPORTANT!Read this MSDS before use or disposal of this product Pass along the information to employees and any other persons who could be exposed to the product to be sure that they are aware of the information before use or other exposure. Pencco provides the information contained in each SDS,technical data sheet("TDS"),product information brochure and/or information contained herein(including data and statements)in good faith and makes no representations as to its comprehensiveness or accuracy as of the date of publication.The SDSs,TDSs,and product information brochures are referred to collectively as the"Data Sheets".It is the responsibility of the user to obtain and use the most recent version of the Data Sheets.Each Data Sheet relates only to the specific product designated therein and may not be valid where such product is used in combination with any other materials or in any process.Further,since the conditions and methods of use of the product and information are beyond the control of Pencco,Pencco expressly disclaims any and all liability as to any consequential damages or results obtained or arising from any use of the products or the information contained in the Data Sheets.NO WARRANTY OF MERCHANTABILITY,FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY,EXPRESS OR IMPLIED,IS MADE AS'CONCERNS THE DATA SHEETS DR THE RELATED PRODUCTS. No statement made in the Data Sheets or by any employee or agent of Pencco shall be construed as a permission or recommendation for the use of any product in a mannerthat might infringe existing patents.No employee,agent,distributor,or sales representative is authorized to vary the terms of the above paragraph,to make any statements,representations,or warranties inconsistent with the above paragraph,or to provide any information that is at variance with the above paragraph.All materials related to the product are subject in all respects to the above paragraph and to the extent that they are inconsistent with the above paragraph,the terms of the above paragraph shall control. Safety Data Sheet--Ferrous Chloride Solution Page 6 of 6 City Secretary Contract No. Click or tap here to enter text. EXHIBIT B PAYMENT SCHEDULE *Behind this page* Vendor Services Agreement Page 12 of 12 EXHIBIT B COST SCHEDULE SUMMARY Bidders shall submit pricing on items A-K. If they are not able to provide the item, then "no bid" shall be stated on the"total" line_ If the bidder is proposing a different chemical, then item L shall be used to provide the cost. All pricing shall be submitted in a separate seal envelope labeled "Pricing"with your proposal. ODOR CONTROL COSTSHEET-Bidder shall provide all labor,material,supplies and equipment to perform the following: I I I I I Biocatal st Liquid.-A natural organic solution that stimulates endogenous bacterial biological activity within a sewer system to prevent A or reduce the formation offats,oils and greases,HZS,ammonia. Description Unit of Estimate Measure (MG Total Annual Quanti reated Unit Cost Cost Biocatal st Solution(neat). Turnkey cost per MG treated,where MG is based on the annual average ofthe daily flow in aline,expressed as MGD. Turnkey services include application of product at multiple locations,1-12S monitoring,reporting, 1,450 MG No Bid $ administration,field investigations,etc. Estimate quantity is based on treating 4 MGD for 365 days. Total $No Bid RFP No, 21-0051, Odor Control Services, Page 26 of 37 ODOR CONTROL COSTS HEET-Bidder shall provide all labor,material,supplies and equipment to perform the following: B. Liquid Ferric Chloride for Solids Treatment Processes--solution of 35-42%FeC13, Specific Estimate Unit of Description Gravity %FeCl3 uantlty Measure Unit otal Cast Cost Liquid Ferric Chloride,(35-420/.FeC13)delivery included. Estimate quantity based on feeding 1,000 gallons per day of liquid FeC13 at specific solids treatmentprocess(es) 1.35-1.6 3540% 365,000 Gallon $1.30 $474,500.00 at Village Creek.. I (pally!) Feed Station Setup Fee-turnkey cost to set up a feed station,including equipment,piping,appurtenances, labor,monitoringlalarming/telemetry instrumentation, storage tank and spill containment,fencing,site 1 EA 55000.00 $5,000.00 ncrete pad,etc.As needed,City wi 11 obtai n easements,build access roads,obtain property owner permissions,and provide water and electricity service, Feed Station Monthly Fee-Monthly fee per vendor- installed feed station(does not include treatment 12 EA $500.00 g&,000.00 product).Does not apply if feed station is provided and maintained by City. H_S Monitoring Site Monthly Fee-Monthly 12 EA $500.00 $6,000.00 ee per hydrogen sulfide monitoring site. Odor Control Service Monthly Mana ementFee, 12 EA $250.00 $3,000.00 including administration,web services,and reporting. Total 1 $494,500.00 - RFP No. 21-0051, Odor Control Services, Page 27 of 37 0 DO R CONTROL COST SHEET-Bidder shall provide all labor,material,supplies and equipment to perform the following: i I I I C. Lit uid Ferric Chloride for Treatment of Plant Influent-solution of 35-42%FeC13_ S ecific Estimate nit of Description Gravity %FeG13 quantity Measure Unit Total Cast Cost I Liquid Ferric Chloride,(-fA2/.FeC13)delivery included. Estimate quantity based on feeding 25 ppm per day of i FeC13(dry weight)at 100 NIGO for 365 days 1.35-1.6 35-40% 365,000' Gallon S1.30 $474,500.00 l' I Feed Station Setup Fee-turnkey cost to set up a feed station,including equipment,piping, appurb-ones,labor,monitodnglalarming/telemetry instrumentation,storage tank and spill containment, 1 EA .$5000 as $5,000.00 fencing,site concrete pad,etc.As needed,Citywil I obtain easements,build access roads,obtain property owner permissions,and provide water and electricity service. Feed Station Monthl Fee-Monthly fee per vendor- installedfeed station(does not include treatment 12 EA $500.00 $6,000.00 product).Does not apply if feed station is provided nd maintained by City. HAS Monitoring Site Monthly -Monthly fee per hydrogen sulfide monitoring site. 12 $500.00; $fi,000.00 I Odor Control Service Monthly Management Fee, including administration,web services,and reporting. 12 FA $250.00 $3,400.00 I i Total $494,500.00 'Quantity to be adjusted as needed based on H2S RFP No. 21-0051, Odor Control Services, Page 28 of 37 ODOR CONTROL COST SHEET-Bidder shall provide al I labor,material,supplies and equipment to perform the following: D Lkluld Ferric Chloride Alternative Treatment Proposal)-solution of 35-42%FeCl3, S ecific Estimate (Unit of Description Gravity %FeC13 (Quantity Mee Unit otal Cost Cost Liquid Ferric Chloride,(354%2 FeCl3)delivery included.' (SPECIFY TREATMENT LOCATION&RELATED DETAILS), 1.351.E 35.40% 1365,000 Gallon $1.30 $474,500.00 I Feed Station Setup Fee-turnkey cost to set up a feed station,including equipment,piping,appurtenances, labor,monitoring/alarming/telemetry instrumentation, E storage tank and spill containment,fencing,site 1 EA 55000.00 $5,000.00 concrete pad,etc.As needed,City will obtain easements,build access roads,obtain property owner permissions,and provide water and electricityservice. Feed Station Monthly Fee-Monthly fee per vendor- f installed feed station(does not include treatment 12 EA I$5000 $6,000.00 product).Does not apply if feed station is provided and maintained by City. H_SMonitorin Site Monthly Fee Monthly 12 EA S50D.D0 $6,000.00 ee per hydrogen sulfide monitoring site. Odor Control Service Monthly Management Fee, 12 EA $250.00 $3,000.00 including administration,web services,and reporting. Total $494 500.00 'Pencco will establish a baseline,analyze current results and decide on control point.We will dose upstream from the control point to gain the desired H2S control. Quantity to be adjusted to optimize the system. RFP No. 21-0051, Odor Control Services, Page 29 of 37 ODOR CONTROL COSTS H EET-Bidder shall provide all labor,material,supplies and equipment to perform the following: i E Liquid Ferric Sulfate For Solids Treatment Processes-solution of 60%Fe2(SO4)3. Specific o Estimate Unit of Description Gravity /0 Fe2(SO4)3 Quantity Measure Unit Cos tl Total Cost Liquid Ferric Sulfate 60%Fe SO ,delivery included.Estimate quantity based on feeding 1,000 gallons per day of liquid Fez(SO4)IIt 1.5-1.6 60% 365,000 Gallon $1.33 $485,450 00 specific solids treatment process(es)at Village Creek. (gallyr) Feed Station Setup Fee-turnkey cost to set up a feed station,including equipment,piping, appurtenances,labor,monitoring/alarmingltelemetry instrumentation,storage tank and spill 1 EA I$5000.00 S5,000.00 containment,fencing,site concrete pad,etc.As needed,City will obtain easements,build access roads,obtain property owner permissions,and provide water and electricity service. Feed Station Monthly Fee-Monthly fee per vendor-installed feed station(does not include 12 EA 1$500.00 ! $6,000.00 treatment product),does not apply if feed station is provided and maintained by City. H7S Monitoring Site Monthly Fee-Monthly 12 EA $500.00 e per hydrogen sulfide monitoring site. $8,000.00 Odor Control Service Monthly Management Fee nciuding administration,web services,and 12 $250A0 i $3,000.00 reporting. Total $505,450.00 - RFP No. 21-0051, Odor Control Services, Page 30 of 37 ODOR CONTROL COSTSHEET-Bidder!shall provide all labor,material,supplies and equipmeritto perform the following: f F. Liquid Ferric Sulfate For Treatment of Plant Influent-solution of 60%Fe2(SO4)3. Description $ ecific Estimate Unit of Gravity �°Fe2(SO4)3 quantity Measure Unit Cost Total Cost Li uid Ferric Sulfate 60%Fe SO 3,delivery included.Estimate quantity is based on feeding 25 ppm of Fez(SO4)3 at 100 MGD for 365 days. 1.5 1.6 60% 365,000* Gallon $1,33 $485,450.00 - Feed Station Setup Fee-turnkey cost to set up a feed station,including equipment,piping, labor,monitoringlalarmingttelemetry instrumentation,storage tank and spill 1 EA $5000.00 $5,000.00 - ontainrnent,fencing,site concrete pad,etc.As needed,City will obtain easements,build access roads,obtain property owner permissions,and .provide water and electricity service. Feed Station Month! Fee-Monthly fee per vendor-installed feed station(does not include 12 EA $500.04 $6,000.00 treatment product).Does not apply if feed station is provided and maintained by City. HqS Monitorinci Site Monthly Fee Monthly 12 EA $500.00 $6,000.00 fee per hydrogen sulfide monitoring site. Odor Control Service Monthly Management Fee, 12 EA $250.00 S 3,000.00 including administration,web services,and reporting. Total $505 450.00 - *Quantity to be adjusted as needed based on H28 RFP No. 21-0051, Odor Control Services, Page 31 of 37 ODOR CONTROL COST SHEET-Bidder shall provide aV labor,material,supplies and equipment to perform the following: G, Liquid Ferric Sulfate Alternative Treatment Pro osal -solution of 60%Fe2(SO4)3- Specific , Estimate Unit of Unit Cost Total Cost Description Gravity �^Fe2(504)3 quantity Measure Li Quid Ferric Sulfate 60°10 Fe SO ,delivery included.(SPECIFY TREATMENT LOCATION& RELATED DETAILS) 1.5-1.6 60% 365,000 Gallon 51.33 $485,450.00 - Feed Station Setup Fee-turnkey cost to set up a eed station,including equipment,piping, ppurten3xns,labor,monitoringlalarmingltelemetry instrumentation,storage tank and spill 1 EA 5000.00 $5,000.00 ntainment,fencing,site concrete pad,etc.As needed,City will obtain easements,build access roads,obtain property owner permissions,and rovide water and electricityservice. Feed Station Monthly Fee Monthly fee per vendor-installed feed station(does not include 12 EA $500.00 $6,000.00 treatment product).Does not apply if feed station is provided and maintained by City. H S Monitoring Site Monthly Fee-Monthly 12 EA i$500,00 , $6.000.00 fee per hydrogen sulfide monitoring site. i Odor Control Service Monthly Management Fee, 12 EA �$250.00 i $3.000.00 including administration,web services,andI reporting. Total $ 'Pencco will establish a baseline,analyze current results and decide on control point.We will dose upstream from the control point to gain the desired H23 control. Quantity to be adjusted to optimize the system. RFP No. 21-0051, Odor Control Services, Page 32 of 37 ODOR CONTROL COSTS HEET-Bidder shall provide ail labor,material,supplies and equipment to perform the following: I I I I I [ I ? 1 H. Magnesium H droxide Slurry,Technical Grade For Solids Treatment Processes-solution of55-62%Mg(OH)2,minimumof90% Mg(OH)2 dry solids. Description Specific Estimate Unit of Gravi °�Mg(OH)2 QuantityMeasure Unit Total Cost Magnesium HydroxideSlurry.Technical Grade, Estimate quantity is based on feeding 600 gallons of j Mg(OH)2 per day ffir365 days. 219,000 Gallon No Bid S I - Feed Station Setuo Fee-tumkey cost to set up a feed station,including equipment,piping, appurtenances,labor,monitoringlalarrningltelemetry instrumentation,storage tank and spill containment, 1 LA 3 fencing,site concrete pad,etc.As needed,City wil I obtain easements,build access roads,obtain property owner permissions,and provide water and Feed Station Monthly Fee-Monthly fee per vendor- installed feed station(does not include treatment E A product).Does not apply if feed station is provided $ and maintained by City, H S Monitodnq Site Monthly Fee Monthly 5 fee per hydrogen sulfide monitoring site. EA Odor Control Service Monthly Management Fee, EA $ including administration,web services,and reporting. Total $ No Bid - RFP No. 21-0051, Odor Control Services, Page 33 of 37 ODOR CONTROL COSTSHEET-Bidder shall provide all labor,material,supplies and equipment to perform the following: I. Magnesium Hydroxide Slurry,Technical Grade Alternative Treatment Proposal)-solution of 55-62%Mg(OH)7,minimum of 9O% Mg(OH)2 dry solids. Description 5 ecific , Estimate Unit of Gravl /,Mg(OH)2 Quantity Measure Unit Total cost Magnesium H droxide Slurry,Technical Grade, (SPECIFY TREATMENT LOCATION&RELATED I DETAILS) Galion 'No B1 i i $ - i Feed Station Setup Fee-turnkey cost to setup a feed station,including equipment,piping, labor,monitoringlalarming/telemetry instrumentation,storage tank and spill 1 EA $ containment,fencing,site concrete pad,etc.As needed,City will obtain easements,build access roads,obtain property owner permissions,and j Feed Station Month] Fee-Monthly fee per vendor-installed feed station(does not include EA treatment product).Does not apply iffeed station $ is provided and maintained by Ci . H7S Monitoring Site Monthly Fee-Monthly EA $ e per hydrogen sulfide monitoring site. _ Odor Control Service Monthly Management Fee, including administration,web services,and EA $ Total $No Bid RFP No. 21-0051, Odor Control Services, Page 34 of 37 ODOR CONTROL CAST SHEET-Bidder shall provide all labor,material,supplies and equipment to perform the following: J. Hydrogen Peroxide,50%Solution,Technical Grade S ecific Estimate Unit of Description Gravity °Hg02 Quantity MeasureUnit Cost Total Cost 50%Hydrogen Peroxide Solution,Technical Grade, �) delivery Included.(SPECIFY TREATMENT LOCATION& RELATED DETAILS) I $ No Bid Feed Station Setup Fee-turnkey cost to setup a feed station,including equipment,piping,appurtenances,labor, manitoringlalarmingAelemetry instrumentation,storage tank and spill containment,fencing,site concrete pad,etc. 1 EA S Pricing will include demobilization costs. As needed,City will obtain easements,build access roads,obtain property owner permissions,and provide water and electricity service. - Feed Station Monthly Fee-Monthly fee per vendor- installed feed station(does not include treatment product). 92 EA S Does not apply if feed station is provided and maintained by City. i H2S Monitoring Site Monthly Fee-Monthly fee per 12 EA S hydrogen sulfide monitoring site. Odor Control Service Monthly Management Fee,including 12 FA $ administration,web services,and reporting. Total $No Bid RFP No. 21-0051, Odor Control Services, Page 35 of 37 ODOR CONTROL COST SHEET-Bidder shall provide all labor,material,supplies and equipment to perform the following: K. Liquid Ferrous Chloride: Solution of 18-32%FeCl2. Description Specific %[Product) Estimate Unitof Unit Cost Total Cost Gravity Quantity Measure Liquid Ferrous Chloride(delivery included 18-32%). _ *Quantity (SPECIFY TREATMENT LOCATION&RELATED DETAILS) 1.28-1.4 18-32% Will vary gallons $1.15 $1.151gal based on need Feed Station Setup Fee-turnkey cost to set up a feed station,including equipment,piping,appurtenances,labor, monitoring/alarming/telemetry instrumentation,storage E tank and spill containment,fencing,site concrete pad,etc. 1 EA $5,000.00 i $5,000.00 Pricing will include demobilization Costs. As needed,City will obtain easements,build access roads,obtain property owner permissions,and provide water and electricity service. Feed Station Monthly,Fee-Monthly fee per vendor- installed feed station(does not include treatment product). 12 EA $500.00 $6,000.00 Does not apply if feed station is provided and maintained by City. H2S Monitoring Site Monthlh Fee-Monthly fee per 12 EA I$500.00 hydrogen sulfide monitoring site. $6,000.00 Odor Control Service Monthly Management Fee,including 12 EA $250.00 $3,000.00 administration,web services,and reporting. Total $To be e ermine RFP No. 21-0051, Odor Control Services, Page 36 of 37 ODOR CONTROL COSTSHEET-Bidder shall provide all labor,material,supplies and equipment to perform the following: 1 I I I 1 ! ! 1 L. Description Specific %[Product] Estimate Unit of Unit Cost Total Cost Gravity Quantity Measure [Product] I No Bid $ I - Feed Station Setup Fee-turnkey cost to set up a feed station,including equipment,piping,appurtenances, labor,monitodnglaiarmingltelemetry instrumentation, storage tank and spill containment,fencing,site concrete 1 EA $ - pad,etc.Pricing will include demobilization costs. As needed,City wil I obtain easements,build access roads, obtain property owner permissions,and provide water and electricity service. Feed Station Monthly Fee-Monthly fee per vendor- installed feed station(does not include treatment product). 12 EA $ Does not apply if feed station is provided and maintained by City. H,) Monitoring Site Monthly Fee-Monthly fee per 12 EA S hydrogen sulfide monitoring site. Odor Control Service Monthly Management Fee,including 12 EA $ administration,web services,and reporting. Total $No Bid RFP No. 21-0051, Odor Control Services, Page 37 of 37 e ncxn PO Box 600 San Felipe, Texas 77473 (979) 885-0005 Fax: (979) 885-3208 December 20, 2021 Shatabya Bergland City of Fort Worth 4500 Wilma Lane Arlington, TX 76012 Via Email: Shatabya.Berg land(a)fortworthtexas.gov fmspurchasinq(a)fortworthtexas.gov RE: RFP 21-0051 Chemical Odor Control Services with the City of Fort Worth274-2020-12-KM Dear Ms. Bergland, Pencco submitted a bid for the above referenced contract in March 2021. This contract has just been executed today and since the time of bid we have experienced price changes in raw material supply and transportation costs which have negatively impacted our cost structure. Product Original Bid Product Price Price as of 1/1/22 Ferric Chloride $1.30/gallon $1.55/gallon Ferric Sulfate $1.33/gallon $1.463/gallon Ferrous Chloride $1.15/gallon $1.265/gallon There would be no other changes to the terms and conditions of the contract. I can be reached at 979-987-7979 or sarah(a)pencco.com if you need any additional information. We look forward to hearing from you and continuing to serve the needs of the City of Raleigh. Sincerely, saki D * Sarah Duffy National Inside Sales Mgr/Bid Sec. M&C Review Official CITY COUNCIL AGENDA FORT '4'ORfll DATE: 9/14/2021 REFERENCE**M&C 21- LOG 13P21-0051 CHEMICAL ODOR NO.: 0660 NAME: CONTROL SERVICES CC WATER CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize Execution of Agreements for Chemical Odor Control Services with Pencco, Inc., NRP Group, Inc., and US Peroxide LLC, in a Combined Annual Amount Up to $4,491,078.00 for the Water Department and Authorize Five One-Year Renewal Options for the Same Amount RECOMMENDATION: It is recommended that the City Council authorize execution of an agreement for chemical odor control services with Pencco, Inc., NRP Group, Inc., and US Peroxide LLC, in a combined annual amount up to $4,491,078.00 for the Water Department and authorize five one-year renewal options for the same amount. DISCUSSION: The Water Department approached the Purchasing Division to procure agreements for chemical odor control services. The services are needed to control the odor and reduce or eliminate the corrosion concerns within the wastewater collection system. In order to procure these services, staff issued request for proposals (RFP) No. 21-0051. The RFP consisted of detailed specifications regarding the type of chemicals, delivery and reporting. The RFP was advertised in the Fort Worth Star-Telegram on March 3, 2021, March 10, 2021 , March 17, 2021 and March 24, 2021. The City received six proposals. Proposals were evaluated on Best Value criteria including the price, qualifications, methodology, and past performance. Staff from the Water and Transportation Public Works Department evaluated the proposals submitted and recommend awarding Pencco, Inc., NRP Group, Inc., and US Peroxide LLC dba USP Technologies with five one-year options to renew. No guarantee was made that a specific amount of these services will be purchased. Funds will be distibuted as follows based on the chemical being provided: Vendor Chemical Award Amount NRP Group Biocatalyst Liquid $210,253.00 Pencco Liquid Ferric Chloride 35-42\% $494,500.00 Liquid Ferric Chloride 35-42\% Pencco (plant) $494,500.00 Pencco Liquid Ferric Chloride (alternative) $494,500.00 Pencco Liquid Ferric Sulfate 60\% $505,450.00 Pencco Liquid Ferric Sulfate 60\% (plant) $505,450.00 Pencco Liquid Ferric Sulfate (alternative) $505,450.00 US Peroxide Hydrogen Peroxide 50\% $119,475.00 http://apps.cfwnet.org/council_packet/mc review.asp?ID=29208&councildate=9/14/2021[10/11/2021 3:06:25 PM] M&C Review Pencco Liquid Ferrous Chloride 18-32\% $500,000.00 US Peroxide Optical $661,500.00 OFFICE OF BUSINESS DIVERSITY (OBD): A waiver of the goal for M/WBE subcontracting requirements was requested by the Purchasing Division and approved by the OBD, in accordance with the BDE Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. ADMNISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. AGREEMENT TERMS: Upon City Council approval, this agreement shall begin upon execution and expire one year from that date. RENEWAL TERMS: This agreement may be renewed for five (5) additional one-year renewal periods. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the Water & Sewer Fund to support the approval of the above recommendation and execution of the agreements. Prior to any expenditure being incurred, the Water Department has the responsibility to validate the availability of funds. BQN\\ TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year i (Chartfield 2) Submitted for City Manager's Office by: Jay Chapa (5804) Dana Burghdoff (8018) Originating Department Head: Reginald Zeno (8517) Chris Harder (5020) Additional Information Contact: Cynthia Garcia (8525) Cristina Camarillo (8355) ATTACHMENTS http://apps.cfwnet.org/council_packet/mc review.asp?ID=29208&councildate=9/14/2021[10/11/2021 3:06:25 PM]