TAMPA BAY WATER Supplying Water To The Region

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1 TAMPA BAY WATER Supplying Water To The Region REQUEST FOR QUOTATION TAMPA BAY WATER, A Regional Water Supply Authority (TAMPA BAY WATER), is requesting written quotations from vendors who are able to provide DEFOAMER SUPPLY SERVICES according to TAMPA BAY WATER's specifications. Written quotations must be supplied and will be received until the close of business on Thursday, September 24, 2009 at our Clearwater office located at 2575 Enterprise Road, Clearwater, Florida Quotations may also be submitted by fax to (813) , attention Tommy Brown. Quotations may also be submitted by to Tommy Brown at tbrown@tampabaywater.org.

2 General Requirements 1. This request for quotation package contains a Technical Specification for Defoamer Supply Services. If awarded a purchase order, this specification will become a condition of the purchase order, and the vendor is expected to comply with all requirements of the specification. 2. The Technical Specification shows the monthly consumption estimate, for planning purposes only. 3. The unit of measure for quotation purposes is pounds. 4. Tampa Bay Water will issue a blanket purchase order once per fiscal year with a not to exceed limit. The purchase order not to exceed limit may be increased throughout the fiscal year, driven by demand. 5. Defoamer deliveries are ordered as needed. Each delivery ordered is invoiced separately against the blanket purchase order. Invoices must be submitted to Tampa Bay Water within fourteen calendar days from the date of delivery. 6. No shipping charges or fuel surcharges will be accepted. These costs are to be included in the unit costs that are quoted for Defoamer. 7. If awarded a purchase order, the vendor must submit updated unit costs for Defoamer to Tampa Bay Water by the last day of each calendar month until the end date of the purchase order whether or not any Defoamer has been delivered during the previous month. The intent of this requirement is to keep Tampa Bay Water apprised of the current market price of Defoamer. 8. Tampa Bay Water reserves the right to cancel its purchase order at anytime for any reason. Tampa Bay Water also reserves the right to purchase these supplies from more than one vendor concurrently, to ensure our ability to meet requirements. 9. Section 3.1.c of the Technical Specifications of this procurement is to be considered at Tampa Bay Water s discretion and will be scheduled by Tampa Bay Water should this requirement need to be fulfilled.

3 TECHNICAL SPECIFICATIONS FOR Defoamer 1. GENERAL The intent and purpose of this specification document is to provide for the furnishing and delivery of Defoamer to TAMPA BAY WATER/AMERICAN WATER-ACCIONA AGUA, LLC, A Regional Water Supply Authority's Regional Desalination Water Treatment Plant, located at Wyandotte Road, Gibsonton, FL PRODUCT STANDARDS 2.1. Defoamer - Physical and Chemical Properties 2.1.a. The Defoamer shall be ChemTreat FO-121 or approved equal. It shall be delivered in liquid form, 55 gallon drums 2.1.a. The Defoamer, as supplied under this purchase, shall not contain any impurities in sufficient quantities which causes or may cause a violation of any current, existing maximum contaminant level (MCL) or any newly regulated MCL which may be passed into law during the life of this Purchase Order. Should an MCL violation be determined to be directly attributable to the Defoamer material supplied for use, the VENDOR shall immediately take the necessary steps to remove or reduce the contaminant levels of its material to levels satisfactory to TAMPA BAY WATER/AMERICAN WATER-ACCIONA AGUA, LLC. TAMPA BAY WATER/AMERICAN WATER-ACCIONA AGUA, LLC reserve the right to add or delete specific impurity listings and maximum impurity levels to the existing listing, as is required to meet all USEPA SDWA and FDER water quality standards. The VENDOR shall comply with any and all such changes required to its Defoamer, by whatever process changes required, at no additional cost to TAMPA BAY WATER/AMERICAN WATER-ACCIONA AGUA, LLC. 3. QUALITY ASSURANCE, SAFETY, TRAINING AND CERTIFICATIONS 3.1. Certified Analysis 3.1.a. VENDOR shall supply an affidavit, signed by a corporate official, certifying that the Defoamer furnished by the VENDOR at the time of container loading, complies with all applicable requirements of this specification. The VENDOR shall supply the affidavit upon the request of TAMPA BAY WATER/AMERICAN WATER-ACCIONA AGUA, LLC in the time, frequency and manner specified by TAMPA BAY WATER/AMERICAN WATER-ACCIONA AGUA, LLC. At least one (1) certified analysis, conducted by an independent, certified laboratory recognized by the State of Florida, shall be conducted twice annually during the Purchase Order time period, for each listed contaminant under this specification for the Defoamer, and supplied to the TAMPA BAY WATER/AMERICAN WATER- ACCIONA AGUA, LLC within thirty (30) days of such analysis.

4 3.1.b. It shall be the VENDOR's responsibility to provide a Material Compliance Certificate of Analysis for each lot shipped to TAMPA BAY WATER/AMERICAN WATER-ACCIONA AGUA, LLC under this Purchase Order. The Certified Analysis shall be signed by a Corporate Officer or authorized representative of the corporation and specify that the Defoamer meets the specifications provided herein. The Certificate of Compliance shall be in the possession of AMERICAN WATER-ACCIONA AGUA, LLC at the time of delivery. 3.1.c. As part of this proposal the vendor shall conduct on-site training of the safe handling of their particular material to TAMPA BAY WATER/AMERICAN WATER-ACCIONA AGUA, LLC Operations Personnel. This training shall be conducted annually the Facility Safety Officer. Written Materials shall be left for retraining and become the property of TAMPA BAY WATER/AMERICAN WATER-ACCIONA AGUA, LLC Certification Requirement 3.2.a. The Vendor shall provide proof that the Defoamer to be provided is meets the National Sanitation Foundation Standard 61, or is food grade certified by FDA, or is approved for indirect food contact under 21 CFR The selected Defoamer must submit Marine toxicity and all appropriate data to FDEP and get site specific approval prior to the purchase process. Vendor may be required to demonstrate satisfactory performance through full-scale trials at various locations before purchase is awarded. Performance parameters will include dosage, stability, and pounds per million gallons (MG) of water treated Occupational Health and Safety 3.3.a. In compliance with Chapter 442, Florida Statutes, any items delivered from a Vendor shall be accompanied by a Material Safety Data Sheet (MSDS). The MSDS must be maintained by the user agency and must include the following information: 3.3.a.(1) The Defoamer and the common name of the toxic substance. 3.3.a.(2) The hazards or other risks in the use of the toxic substance, including: 3.3.a. (2)A. The potential for fire, explosion, corrosively, and reactivity; 3.3.a. (2)B. The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and 3.3.a.(2)C. The primary routes of entry and symptoms of overexposure. 3.3.a.(3) The proper precautions, handling practices, necessary personnel protective equipment, and other safety precautions in the use of, or exposure to, the toxic substances, including appropriate emergency treatment in the case of overexposure. 3.3.a.(4) The emergency procedure for spills, fire, disposal, and first aid.

5 3.3.a.(5) A description, in lay terms, of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. 3.3.a.(6) The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 3.3.a.(7) Any questions regarding this requirement should be directed to: Department of Labor and Employment Security Bureau of Industrial Safety and Health Toxic Waste Information Center 2551 Executive Center Circle West Tallahassee, Florida Phone: 800/ Emergency Plan of Action 3.4.a. Within 30 days of award and acceptance of the Purchase Order, the VENDOR shall provide, in writing, an emergency contingency plan, with appropriate telephone contacts, for TAMPA BAY WATER/AMERICAN WATER- ACCIONA AGUA, LLC to follow in case of an emergency supply of Defoamer is needed. The VENDOR shall supply, in writing, an emergency spill response plan with the appropriate emergency response personnel names and telephone contact numbers (24 hour contact numbers) within 30 days of award and acceptance of Purchase Order. In addition, the proper spill response notification procedure, along with any forms required by all local, state or federal regulatory agencies, shall be supplied by VENDOR. This section in no way relieves the VENDOR of his responsibility to notify the proper regulatory agencies of a spill incident. In the event of a spill or leak, the VENDOR shall supply the necessary personnel to respond to such an event, to work with the local Hazardous Materials Response Team and to manage and oversee "After Event" cleanup efforts. Should a spill or leak occur, caused by VENDOR'S personnel, equipment or method of delivery, VENDOR shall immediately comply with all applicable terms and conditions of the current version of Title III, Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C.S , et seq. (SARA) and the Florida hazardous Materials Emergency Response and Community Right-to-Know Act of 1988, Ch 252, Part II, Florida Statutes. The responsibility for compliance with Federal and State Rules and Regulations regarding VENDOR caused spills or releases shall be the sole responsibility of the VENDOR. The VENDOR shall hold TAMPA BAY WATER/AMERICAN WATER-ACCIONA AGUA, LLC harmless for any failure to properly report and/or comply with this provision. 3.4 b. Vendor is responsible for annually supplying NFPA Placards for the front gate and chemical storage areas where their product is used at the facility suitable for HAZMAT responders.

6 4. DELIVERY, STORAGE AND HANDLING 4.1. Delivery and Location 4.1.a. Delivery of Defoamer shall be made to the following TAMPA BAY WATER/AMERICAN WATER-ACCIONA AGUA, LLC location: TAMPA BAY WATER/AMERICAN WATER-ACCIONA AGUA, LLC C/O AMERICAN WATER-ACCIONA AGUA, LLC Regional Desalination Water Treatment Plant Wyandotte Road Gibsonton, FL b. The approximate maximum amount of monthly usage is 2, MGD flow (no chemical amounts are guaranteed); average monthly usage is 1,580 pounds. 4.1.c. The estimated amount per delivery is 6 drums 4.1.d. Shipment of Defoamer shall conform to all current regulations of the State of Florida, the United States Department of Transportation or other applicable regulatory agencies Delivery Schedule and Special Conditions 4.2.a. All deliveries of Defoamer shall be made to AMERICAN WATER-ACCIONA AGUA, LLC/TAMPA BAY WATER within two (2) days after receipt of order. 4.2.b. All deliveries of Defoamer shall be freight prepaid, F.O.B. to TAMPA BAY WATER/AMERICAN WATER-ACCIONA AGUA, LLC at the Regional Desalination Water Treatment Plant, Wyandotte Road, Gibsonton Florida c. Delivery time of day shall be as arranged upon placement of order and shall be between the hours of 8:00 a.m. and 4:30 p.m. EST unless otherwise agreed to by both parties. Requests to deviate from schedule must be confirmed with TAMPA BAY WATER/AMERICAN WATER-ACCIONA AGUA, LLC 24 hours prior to scheduled delivery and must conform to delivery conditions set forth in this specification. 4.2.d. TAMPA BAY WATER/AMERICAN WATER-ACCIONA AGUA, LLC reserve the right to change quantities and delivery dates at their discretion with a 24-hour notice. 4.2.e 4.2.f Vendor must provide a receipt with the exact quantity of Defoamer delivered at the time of delivery. Chemicals quoted shall be compatible with facility s feed equipment and storage vessels. 5. SECURITY PROVISIONS 5.1. All Shippers and vendors shall provide TAMPA BAY WATER/AMERICAN WATER- ACCIONA AGUA, LLC with a summary of the actions taken to reduce the possibility of

7 criminal activity during packaging and shipment of products and materials to our facilities All vendors (and their transportation companies) shall send a list of names of representatives and delivery personnel that are authorized to enter our facilities on their behalf. This list will be kept current with any personnel changes being reflected on the list All delivery personnel must have a photo ID and appropriate company identification All vendors and delivery personnel must sign in and out of TAMPA BAY WATER/AMERICAN WATER-ACCIONA AGUA, LLC and/or AMERICAN WATER-ACCIONA AGUA, LLC facilities. The purpose of their visit will be verified and validated by TAMPA BAY WATER/AMERICAN WATER-ACCIONA AGUA, LLC and/or AMERICAN WATER-ACCIONA AGUA, LLC personnel Chemical deliveries will strictly follow TAMPA BAY and/or AMERICAN WATER- ACCIONA AGUA, LLC off-loading policy and procedure where applicable. Trucks shall have wheel chocks for trailer unloading when necessary No unscheduled or after-hours deliveries will be accepted without written permission from TAMPA BAY and/or AMERICAN WATER-ACCIONA AGUA, LLC All deliveries must be made through the main entrance.

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