42
07/30/10 Nikki Kuhns 331 Twisted Wood Dr. San Antonio, TX 78216-1627 San Antonio Water System ATTN: Legal Department % Dora Martinez 2800 U.S. Hwy 281 North San Antonio, TX 78298-2449 RE: Fluoridation Chemical - Supplier Dear SAWS, This is a request under the Texas Open Records Act, chapter 552 of the Government Code (formerly v.T.C.S. article 6252) as well as Article I, Sec. 8 of the Texas Constitution, the First Amendment to the United States Constitution, the common law of the State of Texas and any statue providing for public access to government information: I request that I be sent copies of the following documents or, if there are a large number, be permitted to inspect the following documents and receive copies of the ones I would like: Current Contract with Chemical Supplier of Fluoridation Chemicals If you have any questions about the nature or scope of this request, please call me at the phone number listed below. If you determine that all or some portion of the information requested is excepted from required disclosure, I request that you provide me with the portions of the requested information that are public and reasonably segrable from that which you believe is excepted. If any records are in active use or in storage, please certify this fact in writing and seta date and hour within a reasonable time when the records will be available, as required by section 552.221 of the Act. If you determine that all or some portion of the information requested is excepted from required public disclosure under a particular exception, I request that you advise me as to which exceptions you believe apply. If you rely on previous determination, please advise me of the applicable court decision or Attorney General's opinion. If there is no such determination, please advise me of the request for such an opinion, as required under section 552.301 of the Act, and a dated copy of your letter to the Attorney General. I call your attention to section 522.353 of the Act, which provides penalties for a failure to release public records. I am prepared to pay reasonable costs for copying, within the guidelines set by sections 552.261, 552.262, 552.263, 552.267, 552.268, 552.269. I appreCiate your attention to this and expect to hear from your office within ten days. Yours Sincerely, Nikki M. Kuhns (210) 481-9162 HOME (210) 262-9033 CELL

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Page 1: 331 Twisted Wood Dr.coalitionforsafemeters.org/TFSDW/PENNCO_Contract_2010.pdf · At the February 2,2010, meeting of the San Antonio Water System (SAWS) Board of Trustees, you were

073010

Nikki Kuhns 331 Twisted Wood Dr San Antonio TX 78216-1627

San Antonio Water System ATTN Legal Department Dora Martinez 2800 US Hwy 281 North San Antonio TX 78298-2449

RE Fluoridation Chemical - Supplier

Dear SAWS

This is a request under the Texas Open Records Act chapter 552 of the Government Code (formerly vTCS article 6252) as well as Article I Sec 8 of the Texas Constitution the First Amendment to the United States Constitution the common law of the State of Texas and any statue providing for public access to government information

I request that I be sent copies of the following documents or if there are a large number be permitted to inspect the following documents and receive copies of the ones I would like

Current Contract with Chemical Supplier of Fluoridation Chemicals

If you have any questions about the nature or scope of this request please call me at the phone number listed below If you determine that all or some portion of the information requested is excepted from required disclosure I request that you provide me with the portions of the requested information that are public and reasonably segrable from that which you believe is excepted If any records are in active use or in storage please certify this fact in writing and seta date and hour within a reasonable time when the records will be available as required by section 552221 of the Act

If you determine that all or some portion of the information requested is excepted from required public disclosure under a particular exception I request that you advise me as to which exceptions you believe apply If you rely on previous determination please advise me of the applicable court decision or Attorney Generals opinion If there is no such determination please advise me of the request for such an opinion as required under section 552301 of the Act and a dated copy of your letter to the Attorney General I call your attention to section 522353 of the Act which provides penalties for a failure to release public records

I am prepared to pay reasonable costs for copying within the guidelines set by sections 552261 552262 552263 552267 552268 552269

I appreCiate your attention to this and expect to hear from your office within ten days

Yours Sincerely

Nikki M Kuhns (210) 481-9162 HOME (210) 262-9033 CELL

CONTRACT AGREEMENT

February 102010

Pencco Inc PO Box 600 San Felipe TX 77473

Gentlemen

At the February 22010 meeting of the San Antonio Water System (SAWS) Board of Trustees you were awarded the Contract Agreement for FluorosiUcic Acid SAWS 10-2008 for the period of February 22010 through February I 2011 All purchases made under this contract will be subject to the terms and conditions of the applicable bid documents

Purebase order(s) will he issued by the asiDg department as they require items listed OD the contract Please reference purchase order on aD submitted invoices

This letter constitutes an agreement between your company and SAWS which includes all terms and conditions such as billings delivery locations and price changes A written notice stipulating in detail the requested price revision and justification must be furnished to the purchasing officer and approval received befure any revised pricing goes into effect

Please show each newly generated Purchase Order No on all invoices submitted during the period of the contract It is very important for both your company and SAWS that aD invoices indicate a Ship To location or have some indication of wbo placed the order or that the signature of the employee signing for receipt of the item is legible so that it can be read (ifnecessary please bave the employee also print their name)

If you have any questions please feel free to contact meat (210) 233-3820

Sincerely

~~~ Manager Purchasing Division

YCTrgb

clrhlabullbullallformolJoc

2aqo US Hwy 281 North PO Box 2449 bull San Antonio TX 78298-2449 wwwsawsorg

Rwlslld 115109 SAN ANTONIO WATER SYSTEM jAH 66 til SAN ANTONIO TEXAS

Page No 1 No Pages 21 Date December 30 2009 FORMAL INVITATION BID

Sealed bids addressed to the Purchasing Director San Antonio Water System 2800 US Hwy 281 Ncrth P O Box 1449 San Antonio TX 78298shy2449 will he recei~ until 00 Jry 19 1010 and then publicly opened and read aloud for furnishing malerials or services as described reoei~ herein helow

LlI In estimated quantities indicated below LlI For period beglming February 22010 and ending February 1 2011 o Bid Bond is AlqUired (See Paragraph 15 of Terms amp Conditions of Invitation for Bids) LlI Bid Bond is not required o Performance Bond is AlqUiredLlI Performance Bond is not required o Price quoted shall be firm and rtOIlo4SC8I8Iing during the contract period (Paragraph 138 b end c of Terms and Conditions do not apply)

Item Unit Total No Descri n Price Amount

SAN ANTONIO WATER SYSTEM ANNUAL CONTRACT

FOR FLUOROSILICIC ACID

(Contractors IDluraace Requirements Attached)

The San Antonio Water System (SAWS) reserves the right to extend the contract period for three (3) additional one year periods based on the initial bid submitted should such an extension be mutually agretable to SAWS and the Contractor

SCOPE OF WORK The San Antonio Water System has installed fluoridation systems at our 30 pumping stations The fluoridation system will utilize fluorosilicic acid to treat our water supply SAWS shall require the transporting and delivery of flUOfOSilicic acid to our various water station sites throughout the city of San Antonio proper This agreement is for the purchase of fluorosilicic acid normally 23 (concentration shall be between 22 - 25 percent by weight)

CrbCOItrlIctlIIII-1cIc acid IIkI No 10-20418 NOTICE TO BIDDERS The San Antonio W_ System Punhasing Division is wiling to II88ist any bldder(s) In the Interpretation ct bid proyIsIons Of expIallBlion ct haw bid fIlrrns are to be completed AssIstance can be received by visiting the Punhaaing Division located at 2800 US Hwy 281 North or by Il8IIing (210) 233-3819 PlrdIllIlIng Divi8lon Purdlasing Divi8lon

11M TO San Antonio W_ Syalem DELIVER TO S Antonio W_ SY$Iem IMPORTANT MAILING P O 8ox2449 2800 US Hwy 281 North 8TRUCTION8 s Antonio T_ 7821e-24411 S Antonio T_78=21c=2____ Plase check the following blanks which apply to your comPllY Ownership of finn (51 Of men) ~NOIHIIinorlty __Hispanic __AfrIcanAmeric __OIlIer Minority (specify) __ Female Owned

__Handicapped Owned __Small BISiras (less than $1 million annual receipts or 100 emJIIOy_)Tho-algned ___ 10 __ - cr __ lI14I-wtiCil ___ at price appaoiba __bull _ ~point()

~T__ -lfIIdlaquo _honIly _ bId __ 1I14I0cindiIi0ns ___1UbjOQ - lIet __ 01 this _ Bid the_JIOIIIIII ______bull__-----crlncapotadby-inlhe__ -_~d __lOcan__T__~bull___ --__ BIOOEIt MUST COMPLETE THE FOLLOWING Dlecount Terms 1 20 days (NellO days if left blank) Date of BId __1__1_4__1_0______~~____ DelYerywiUbecornpietedwithin 5-6 calendlldaysafter~ctcrder(lfapp4icab1e) May require addl time

Pencco Inc 11WttiC- hV7L N_ofBidder(~lI (priIIIorlJpO Si of~IIIIaip~Iridmiddot-----------

Po Box 600 Monica Avila Bid Sec PrintT)IION of _ -----~-----

shy San Felipe TX 77473 979-885-0005 979-885-3208 _No FuNo

monicapenccocom E-mail Address

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 2 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

PRICING SCHEDULES

The Fluorosilicic acid will be delivered as requested to the specified locations listed in Specifications Item 19 entitled Delivery

Bidders are to include all cost (Hazardous Material demurrage freight etc) in price QUoted per gallon or drum for all options SAWS will only pay for Fluorosilicic acid at the quoted price under this contract NO SEPARATE FEES

Item 19 entitled Delivery under Specifications requires trucks to first report to Mission Service Center for testing Truck will then travel to first delivery site Any subsequent delivery sites after Mission Service Center and the flISt delivery site will incur the Stop Charge

SAWS will pay for product based upon Gallons received Per Item 7 delivery trucks shall be equipped with a metering device to measure material loads per gallon

SAWS is requesliJlg Two (2) different priciDg optiollS lUI detailed below Both Opdolll mult be priced for bid to be respollSive The estimated annual pumpiDg quantities is l3Ot OOO gBoIII iududiag both Primary aDd Secondary StatioDI

1) One Year contract with options price revision upward or downward after one year Firm-fixed pricing for first year with three one-year options to extend with price adjustment upward or downward based upon price index at time of extension

2) One Year contract with options price revision upward or downward after 6 months Firm-fixed pricing for first six (6) months price adjustment upward or downward based upon price index at 6 months Three oneshyyear options to extend with price adjustment upward or downward based upon price index every 6 months

Pencco Inc SIgnEne 01_ IIUIIIltgtrized Ie sign bid

Monica Avila Bid Sec

__

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 3 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

OPTIONl

PRICE INDEX TO BE UlaIZED NA - based on submission of proof of price increase in product andor fuel

One Year contract Finn-fixed pricing for first year The San Antonio Water System (SAWS) reserves the right to extend the contract period for three (3) additional one-year periods with price adjustments upward or downward based upon price index should such an extension be mutually agreeable to SAWS and the Contractor

ESTIMATED PriceJgallDa TOTAL QUANTITY 1YEAR

~6l $4542 $104466000~d-230000 GL Item1 23 nominal Fluorosilicic Acid

$34650drumJOz11 ea Item 2 23 nominal Fluorosilicic Acid 55 gaDon drum $ 630

3J~ Item 3 - Split Delivery fee (stop charge) $11000 ea NA

Item 4 Expedited Delivery $ 9 2 5 bull 0 0 ea NA per truck plus listed proauct price

$104500650TOTAL OPTION 1

Pencco Inc ugtsIgn bids~of

Monica Avila Bid Sec

2

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMALI~A~ON~=D~(~~~ti=n~==~)_______________________

Page No 4 No Pages 21

Item Estimated Unit Total No Amount

OPTION 2

PRICE INDEX TO BE UTIUZED NA - based on submission of proof of price increase in product andor fuel

One Year contract Firm-fixed pricing for first six (6) months with price adjustment upward or downward based upon price index at 6 months The San Antonio Water System (SAWS) reserves the right to extend the contract period for three (3) additional one-year periods with price adjustment upward or downward based upon price index every 6 months should such an extension be mutually agreeable to SAWS and the Contractor

ESTIMATED Pricegallon TOTAL OUANTITY 1 YEAR

230000 GL Item I 23 nominal Fluorosilicic Acid $4542

$34650drumI ea Item 2 23 nominal Fluorosilicic Acid 55 lallon dnnJ 6 3 0

Item 3 Split Delivery fee (stop charge) $11000 ea NA

Item 4 Expedited Delivery $_9_2_5-----O_O__ea NA per truck plus listed product price

104500650TOTAL OnION 2

STANDARD REQUIREMENTS

I SAWS will evaluate optioos proposed to determine the best value for SAWS Award will be made to the overall lowest responsive bidder All items under options to be awarded together

It is anticipated that award of this contract will be made within 60 days following the date ofthe bid opening

3 Questions pertaining to bid procedures sball be directed to Ms Yvonne Torres CPSM CPM Purchasing Manager at (210) 233-3821 or e-mail at ytorressawsorC

4 All technical questions shall be directed to Mrs Floramie Welch at (210) 233-3744 or via e-mail to fwlechSawsorg Copy ofall questions shall be sent to Yvonne Torres

5 Questions are due in writing no later that 120 PM OD Friday Jouary 8 2amp10 Questions shall be sent to Yvonne Torres

6 Veodor must maintaiD and submit iDsuroee eertifieate as detailed in General Conditions Item 38

7 It shall be the responsibility ofthe vendor to unload and place the Fluorosilicic acid in the designated locatioos

Pencco Inc Name of Bidder (Company) (print or type) Signature of to Ilgn bidMon~~a Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMALINVITATlON BID (continued)

Page No 5 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

8 Successful vendor will receive an award letter upon selection Each delivery requested by SAWS will have a separate Purchase Order number

SPECIFICATIONS

1 Product shall be Fluorosilicic acid nominally 23 concentration shall be between (ll - 25) percent by weight in accordance with A WWA B703 latest revision and ANSlINSF60

2 A certified copy of the NSF 60 Certification ofthe product shall be submitted annually The vendors QCQA program shall be submitted for review by SAWS with the completed bid document A certificate of analysis shall be provided with each bulk load A preliminary Certificate of Analysis can be submitted with the delivery and a final certificate can be submitted within two days after the delivery to Velma Paniagua via facsimile at (210) 233-4151 or bye-mail at vpaniaguasawsorg

3 Please contact Floramie Welch at (210) 233 3744 for technical information concerning this contract and scheduling ofsite visits Delivery will be scheduled and coordinated by Velma Paniagua at (210) 233 3347 (vpaniaguasawsorg) or Al Delgado at (210) 233 - 3363 (adelgadosawsorg) or their designated representative Vendor must respond within 24 hours of receipt or order to same with delivery date Any delays in delivery must be communicated to individuals above

4 Vendor will be required to supply approximately (230000 gallons) annually of product in bulk tank loads FOB product usage varies with seasonal ambient temperatures and pumpage See attachment pumpage table at end of this document for the annual (estimated monthly quantities up to 125) by pump station

5 Deliveries shall be made within 5-7 calendar days including weekends and holidays after notification by authorized staff

6 All deliveries shall arrive at the designated SAWS facilities between the hours of7am - I lam SAWS normal hours ofoperation are from 7am to 330pm

7 Bulk tank load shipments of fluorosilicic acid must be delivered by truck equipped with a separate pressure system to unload into the bulk storage tanks on SAWS sites Each truck shall be equipped with sufficient length of hose and provide the necessary connecting fittings for their transport equipment to accommodate unloading facilities at the delivery site Each truck will be fitted with an air compressor or equivalent to empty product from the delivery hoses Additionally delivery trucks shall be equipped with a metering device to measure material loads by gallon Vendor shall document and provide metering start reading and each stop (name location) along with reading Information shall be provided upon completion of delivery to SAWS Vendors invoice shall also include information defined above for each delivery

8 Vendor will be responsible for unloading bulk tank load shipments at the primary pump station sites and refill ofonsite storage tanks at the secondary pump station sites A stop charge may be included as part of the bid in the delivery for split shipments to more than one location after stop at Verification Location and first delivery stop

Pencco Inc Signabn 01 peram __ to sign bidNome 01 BIdder (Company) (pOnt -1)

Monica Avila Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 6 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

9 There shall be no foreign materials evident in the delivered product associated with previously transported materials in the delivery tanker (ie oils other chemicals or other residues) The delivery transport company if separate from the chemical supplier will be responsible through the supplier for the cleanliness of the delivery tank vessel The transport company shall provide a certification ofcleanliness of the tank interior for every delivery regardless of size stating the tank was cleaned and free of foreign materials prior to loading of the Fluorosilicic acid The supervisor or his designated representative has the authority to reject material load if evidence of foreign material in the delivery tanker is present

10 Bidders are responsible for familiarizing themselves with the product unloading facilities and conditions at the pump stations Some sites bave limited access due to street andor site configuration This must be considered by the vendor to determine delivery quantity and truck capacity vehicle size and type to assUe access to pump station sites The vendor is responsible for determining the site delivery requirements to the appropriate delivery method whether large tanker small transport truck nurse tank 55-gallon drum or other approved method The vendor shall furnish certified weight tickets for each tank load delivery showing gross tare and net weights

II Vendor designate (driver or emergency response team) is responsible for spillage and clean up at the point of deliVery Driver or delivery personnel must be equipped with personal protective equipment (PPE) while loadingunloading material Contractors personnel and equipment shall be fully equipped and capable of performing all necessary delivery operations in a safe manner without assistance from SAWS or its employees Anytime work is to be performed near pumps or acid storage goggles face shield rubber gloves and an apron are the absolute minimum PPE to be worn If acid transfers are to be made a PVC raincoat should also he worn

12 All shipments must contain material safety data sheets (MSDS) and packing lists that include a proper description purchase order number unit cost and name of the person placing the order

13 Vendors shall include in their bid response descriptive literatlUe ofproduct being bid

14 Estimated Quantities No minimum or maximum quantities of fluorosilicic acid are guaranteed for the period ofthis contract Estimated quantities are noted in the attached pumpage table

15 The vendor shall provide three training sessions of 4 hours each on product safety and bandling prior to the first delivery of the product and annually thereafter for product safety training Vendor must submit Training Plan to cover product details manufacturing transportation and required PPE for safe bandling per OSHA requirements Safety training will be coordinated with SAWS Safety Department Velma Paniagua or Al Delgado of the SAWS Production Department will provide the SAWS Safety Department Point ofContact to the vendor prior to scheduling the training The Production Department will assist in coordinating the training between the vendor and SAWS Training Department

16 SAWS reserves the right to do quality assurance testing of the product on a periodic basis to verify the physical characteristics andor chemical content SAWS will also visually examine each load prior to

Pencco Inc

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 7 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

discharge from the vendors transport trucktrailer The vendor should allow for visual observations andor periodic physical testing to be done by SAWS Periodic physical testing may require up to one hour of additional time prior to unloading of product There will be NO demurrage charge for the one-hour time allowed for the physical testing Vendor must break the material seal collect the sample and hand it over to SAWS representative Under no circumstance will a SAWS employee be allowed to climb into truck and collect a sample

17 Notification The Contractor shall fax or e-mail the following information DO later thaD 200 pm the day prior to the scheduled delivery date to the SAWS representative ordering the shipment

Truck and tanker identification Drivers name and drivers license number Name ofcontract carrier if pre-authorized by SAWS Estimated arrival time and date Serial numbers of tanker trucks (ifapplicable)

middotSAWS shall provide a list ofcontact names and fax numbers after bid has been awarded

18 Delivery The delivery trucks wil first rqgtOrt to the Mission Service Center at 515 Mission Road for the chemical testing Periodic verification testing performed by SAWS or its agent will be in accordance with AWWA B703 After verification testing the truck will be dispatched to the delivery site and escorted at the site by maintenance personnel SAWS Points of Contacts are Velma Panaguai at (210) 233 3347 or AI Delgado at (210) 233 3363 for the site access and escort to various sites Delivery sites are listed below

Puml Stgtion Address AI Code 34 St 3939 Flagle 78237 Anderson 5025 W Loop 1604 N 78251 Artesia 703 At amp T Ctr Pkwy 78219 Basin 7110 Basin Drive 78216 Maltsberger 89] 0 Jones Maltsberger 78216 Marbach 7614 Marbach Rd 78227 Mission 605 E Theo 78210 Naco 13655 OConnor Rd 78233 Randolph 212 S WeidnerRd 78233 Wurzbach 6111 Wurzbach Rd 78238 Marlcet 106 W Maricet St 78205 Micron 7203 Micron Dr 78251 Winwood 28555 I lOWest 78257 Barbel 526 Pilgrim 78213 Brackenridge 13 amp 14 2300 Avenue B 78215

Pencco Inc Name of ~ (Comny) (print or type) Si9ngtOi-tosign bid

Monica Avila Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVIT AnON BID (continued)

Page No 8 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

Pamg Station Addness Zip Code Gateway 1 amp2 6615 RustJeaf 78242 Klaus 2660 Eisenhauer 78209 Lackland 6 amp 6A 8219 Five Palms 78242 LomaLinda 5218 Lorna Linda Dr 78201 Northwood 2319 Kenilworth 78209 Pipers Meadow 7721 Joe Newton 78251 Seale 254 SealeRd 78219 Sunshine 1929 S1 Cloud 78228 Sutton 942 Sutton Dr 78228 Turtle Creek 2 8523 Data Point 78229 Turtle Creek 3 8815 Data Point 78229 Walzem 127 Newport 78218 Woodlake 6663 FM 78 78244 Oliver Ranch 26293 US Hwy 281 N 78258

Damages Contractor shall be responsible for furnishing all required and applicable leak spill repair clean up equipment and kits for all vehicles making deliveries to SAWS facilities Contractor shall be liable for cleanup and lor repairs ofany damaged facility equipment by spillage or during chemical delivery caused by negligence or faulty equipment

Pencco Inc _afBl_(C_y) (pllnlortype) ~mca ~Bra Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 9 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

GENERAL CONDITIONS

1 This bid contains General Conditions and Specifications as well as in some areas other specific required information and material It is the bidders responsibility to be completely familiar with any and all requirements Failure to do so may result in bid being declared non-responsive

2 Any manufilcturer brand and model numbers used in these specifications are for the purpose of describing and establishing minimum requirements or level of quality standard of performance and design required and in no way intended to prohibit the bidding of other rnanufilcturers items ofequal specifications

3 The section headings or paragraph captions contained herein are for convenience of reference only and not intended to define extend or limit any provisions of this contract

4 Prices must be quoted FOB SAWS receiving agency San Antonio Texas Upon award of a contract the supplier is obligated to deliver the goods to the required destination and bears the risk of loss until delivery

5 Bids may not be conditioned on minimum deliveries The quantities shown are estimates only and are in no way binding upon SAWS Estimated quantities will be used for the purpose of evaluation SAWS may increase or decrease quantities as needed

6 Freight will be paid only when SAWS has made a request for expedited delivery

7 It will be the bidders responsibility to be completely familiar with all specifications prior to submitting bid No extra payment for the work specified will be considered Bidder must include all costs related to this bid in their unit price

8 Bidder by submitting a quote acknowledges that they have read and fully understand all requirements and take no exceptions

9 Bidder by submitting a bid hereby agrees that all SAWS requirements contained in this bid document take priority over any attached brochures literature company stated warranties andor requirements unless specifically spelled out in a separate letter titled Bid Exceptions

10 Please fill in prices make one copy for your file and submit all pages of the original bid form The Bidder shall furnish all information required by the bid fann The Bidder shall print or type hislher name and manually sign the schedule and each continuation sheet (Delete item 2a of Terms and Conditions of Invitation for Bid) Copies aDd fued bids willoot be accepted Bids can be downloaded from SAWS website at wwwwawsorg

11 Bid shall be enclosed in a sealed envelope addressed to the Purchasing Division in accordance with instructions contained herein with the name and address of bidder date and hour of bid opening and title of the bid solicitation placed on the outside of the envelope No Bids should be returned by the bid opening date with No Bid indicated on the envelope in addition to the bid number and bid opening date SAWS assumes no responsibility for bids not processed due to the fililure of the bidder to identify the envelope as a bid response

Pencco Inc Name af Bidder (Company) (print or type)

AV11aSigure af persqn authorized IIgt Sign bid

Mon1ca Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 10 No Pages 21

Item Estimated Unit Total No-__Quanti~ty~__________---Descrciption Price Amount

12 If bidder obtains bid specifications via Internet the bid must be submitted in hard copy according to the instructions contained in this bid If in its bid response bidder makes any changes whatsoever to SAWS bid specifications SAWS bid specifications as published shall controL Furthermore ifan alternation ofany kind to SAWS published bid specifications is only discovered after the contract is executed and is or is not being performed the contract is subject to immediate cancellation

13 Bidders facilities and equipment can be a determining factor in making the bid award All bidders wiD be subject to inspection of their facilities and equipment

14 All subject price lists should be submitted with this bid and shall become a part hereof However if in the opinion of the SAWS Purchasing Agent it is impractical for bidder to include published price lists as part of this bid and to furnish any price lists andor written changes as required herein bidder shall permit the Purchasing Agent or hislher authorized representatives to inspect the pertinent published price lists andor written changes in the office of the bidder or at any other location approved by the Purchasing Agent

15 By submittal of this bid bidder certifies to the best of their knowledge that all information is true and correct

16 A bid that has been opened may not be changed for the purpose ofcorrecting an error in the bid unit price

17 Bidder must submit Material Safety Data Sheets with the bid for any hazardous chemical quoted or supplied under this quote

18 SAWS will not be liable for any costs incurred by a bidder in responding to the bid request

19 Damaged goods or goods received due to error by supplier will be returned and supplier will pay freight

20 If not aliqle purchase tile qlUllltlties SboWD are estimates ollly aad are iD DO way biDdiDg DpoD SAWS Estimated quantities will be DIed tbr tile purpose of evlluation SAWS may iDcrease or decrease quantities U Deeded

21 When supplier cannot abide by terms and conditions in fulfilling the contract supplier must furnish service or goods from other sources at the contract price If supplier delays in the above SAWS reserves the right to purchase on the open market and charge supplier the difference between contract price and the purchase price

22 Bidder warrants that all deliveries under this bid will be of the type and quality herein specified SAWS may reject or refuse any delivery which falls below the quality required in the specif1C8tions and SAWS shall not be held to have accepted any delivery until after it has made an inspection of same and has had an opportunity to exercise this right of rejection

23 Bidder shall be responsible for alI charges which relate to the delivery of the goods to SAWS place ofbusiness and for the return to bidder of any goods fliected as being non-conforming under the specifications

Pencco Inc SignaIunt ~_10lion bid

Monica Avila Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONO TEXAS

FORMAL INVITATION BID (continued)

Page No 11 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

24 SAWS is the final judge ofproduct acceptability for items quoted on this bid

25 SAWS Specifications and Terms and Conditions provided with this bid document will prevail in the event of conflict with bidders

26 SAWS reserves the right to cancel this contract witb a 30 day written notice without cause

27 Termination-Breach Should vendor fail to fulfill in a timely and proper manner as determined solely by the Purchasing Director its obligations under this contract or violate any ofthe terms ofthis contract SAWS shall have tbe right to immediately terminate the contract Notice of termination shall be provided in writing to the vendor effective upon the date set forth in the notice Such termination shall not relieve the vendor of any liability to SAWS for damages snstained by virtue ofany breacb by the vendor

28 No oral statement of any person shall modify or otherwise change or affect the terms conditions or specifications stated in the resulting contract The SAWS Purchasing Division will make all change orders in writing

29 The successful bidder shall not sell assign transfer or convey this contract in whole or in part without the prior written consent of the Purchasing Division

30 The obligations of the parties hereto are performed in Bexar County Texas and if legal action is necessary to enforce same exclusive venue shall be within Bexar County Texas

31 Contractor shall defend indemnify and bold hannless SAWS from and against any liability loss cost and expense of whatsoever nature including those related to death bodily injury sickness disease andlor loss or destruction of property (including reasonable attorneys fees and costs of defense) resulting from Contractors performance of the services to the extent that such losses arise out of andor are attributed to the sole or concurrent negligence errors or omissions or strict liability of Contractor its employees Subcontractors agents or their respective employees Where liability is attributable to the joint negligence or fault ofContractor and SAWS Contractors duty of indemnification shall be limited to Contractors (and Contractors agents Subcontractors or employees) allocable share ofjoint negligence or fault

This indemnity shall be broadly construed to apply to all liability attributed to the concurrent and sole negligence ofcontractor and shall survive termination of this agreement

32 The goods or services furnished under this contract shall be covered by tbe most favorable commercial warranties given to any customer for same or similar supplies or services The implied warranties and remedies of the Universal Commercial Code are included in this procurement and shall apply to the issued purchase ordercontract

33 Prospective bidders must prove beyond any doubt to the SAWS Purchaaing Agent that they are duly qualified capable bondable etc to fulfill and abide by the specifications herein listed

Pencco Inc 5qIaItnt of ___10 sign bid

HameofB_(~) (pnntOitype)

Monica Avila Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 12 No Pages 21

Item Estimated Unit Total _N--o___O--u--a--ntity-___________Description Price Amount

34 Right to Audit (lump sum contracts) SAWS or its designated agent shall have the right to audit at any time the Contract related records and associated documents of the Contractor and Subcontractor Such right to audit shall be for the determination of the accuracy and validity of the Contractors and Subcontractors billing to SAWS and for verifying compliance with other terms and conditions of the Contract

35 Contractor and Subcontractor shall maintain aU records required to be kept by law rule or regulation or records required to document performance of the services specified in the contract documents The records shall be maintained for the period required by law for a reasonable period in the absence of the applicable law or for two (2) yesrs after completion ofall services whichever is greater Contractor shall provide to SAWS copies of such records as provided in the contract documents or as reasonably requested by SAWS after performance of the service

36 It is expressly understood and agreed by both parties hereto that SAWS is contracting with the successful bidder as an independent contractor The parties hereto understand and agree that SAWS shall not be liable for any claims which may be asserted by any third party occurring in connection with the services to be performed by the successful bidder under this contract and that the successful bidder has no authority to bind SAWS

37 The successful bidder agnes to indemnifY and hold SAWS harmless from any claim involving patent infringement or copyrights on goods supplied

38 If insurance is required the minimum insurance to be maintained shaU he in accordance with SAWS Standard IDsIUIUICe Spedtkations Bidder should submit a draft Insurance Certificate with Bid The successful bidder shall furnish a completed Certificate of Insuraoce which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage limits and terminstion provisions shown thereon Successful bidder will be required to maintain at all times during performance of the contract the insurance detailed in this bid document

Certificate of Insurance shall be filed with the System no later than 5 days after notification ofpending award of contract and before starting any work Certificates should he mailed to the Purchasing Division San Antonio Water System P O Box 2449 San Antonio Texas 78298-2449 CONTRACfORs CertHkate shan refereDce the SAWS bid Dumber at time ofsDbmittaL

39 The successful bidder shall mail invoices to the SAWS Accounts Payable Section P O Box 2449 San Antonio Texas 78298-2449 Invoices for payments and correspondence for this contract must reference the SAWS purchase order number

40 No officer or employee of SAWS shall have a financial interest direct or indirect in any contract with SAWS or shall benefit financially directly or indirectly in the sale to SAWS of any materials supplies or services except on behalf of SAWS as an officer or employee In this instance a SAWS employee is defined as any employee ofSAWS who is required to file a financial involvement report pursuant to the Citys ethics ordiuance

41 Any successful supplier required to perform any type of construction or service related work at SAWS location as a result ofthis bid or proposal must comply with all requirements shown in SAWS Health and Safety Program

Pencco Inc Name a( Bidder (CIlnIpanyI (print 0lt type) SIgnmint a( person auI1oIized lo sign bid

Monica Avila Bid Sec

SAN ANTOMO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 13 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

and Security Procedure No 2-11 Copies can be obtained from the SAWS Safety Officer at (210) 233-3616 Failure to comply with this requirement shall deem project in non-compliance and may result in immediate termination with cause

42 Suppliers employees performing work or making deliveries on SAWS property other than for a one-time drop shipment will be required to provide their employees with a photo identification badge that includes the company name no exception

43 Bid exceptions will be cause for rejection ofany bid at the sole discretion of the Purchasing Director

44 SAWS reserves the right to award this bid to more than one supplier

45 Award ofall bids and RFPs will be based on Best Value as determined by SAWS

46 In the event the San Antonio Water System Board does not appropriate tuuds for continuation of this contract for any fiscal year after the first fiscal year and it has no funds to continue this contract from other sources SAWS shall be released from its obligations under this contract

47 If a third party is used to ship mercbandise the shipping documents MUST include all SAWS Purchase Order Numbers

Pencco Inc SignaIuIe _IW_ 0 ~n bid

Monica AV11a Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVfTATlON BID (continued)

Page No 14 No Pages 21

Item Estimated Unit Total No Quantity Desaiption Price Amount

Security Requirements

Contractor shall ensure a Prime Contractor Data Form (PCDF) and a Background Saeening Letter (provided by SAWS Security) is properly completed fopound all employees performing work under this Agncment and on file with the SAWS Security Office prior to work commencement Subcontractors perfurming wort must be listed on the PCDF Contractor shan be responsible for the accuracy of information on the PCDF and fOr obtaining any and all required items (badges and parking tags) necessary to fulfilling the work under this Agreement The PCDF must be sent electronically to SCluritywoup(llIIwsorg Contractor shall advise the SAWS Project Manager of any employee terminations or changes to personnel perfurming work under this Agreement and Contractor sball immediately turn in any and all badges andor parking tags of employees who are terminated or no longer perfOrming work under this Agncment If there are any changes in the infOrmation contained in the PCDF or the Background Screening Letters Contractor shall immediately notifY the SAWS Project Manager and provide updated PCDF and Background Screening Letters with copies to securitygroup[iSllwsorg

Contractor and its employees and agents shall obtain a SAWS photo identification badge (Contractors Badge) and parking tag if necessary prior to any work on SAWS property which shall be used only fopound plllJlO5CS necessary to perfurm the work under this Agreement SAWS Badge Office bours are Monday and Friday 100 pm to 500 pm (hours are subject to change) Security Staff can be contacted at (210) 233-3760 or (210) 233-3616 A replacement fee shan be charged to replace any lost or damaged badges or parking tags As a condition of final payment Contractor shall return all badges and parking tags to the Security 0 ffice In the event Contractor fails to return all security badges and parking tags in addition to any other rights or remedies to which SAWS may be entitled at law or in equity SAWS may withhold from payment to the Contractor the sum ofS50000 dollars per badge or parking tag as liquidated damages Contractor agrees that the actual amount of damages fOr failore to return the badges andor parking tags are difficult to determine and the liquidated damages herein are not a penalty but are a reasonable estimate of the costs and expenses that may be incurred by SAWS for failure to return the badges or parking tags

Certain designated SAWS facilities Oist with SAWS Security) require a SAWS employee to physically escort Contractor at all times SAWS may in its sole discretion waive the escort requirements if the PCDF and a clean Background Screening Letter signed by an authcrized representative ofContractor are approved by SAWS Security

Subcontractors must always be under escort of the Contractor while perfOrming wort on any SAWS designated primary facility (list with SAWS Security) Subcontractors must display either a company photo badge with name or a valid driven license at all times while working on any SAWS property Contractor is solely responsible for the actions of its employees agents contractors and subcontractors

Due to changing security environments Contractor MUST be prepared fOr additional security requirements at its expense including background checks AiJy person fuund to have an unacceptable background check (as determined by SAWS review of submitted paperwork or other infurmation provided to or obtained by SAWS) will not be allowed to pertbrm work under this Agreement or on SAWS facilities Notwithatanding anything herein to the contrary any provisions in these Security Procedures that may appear to give SAWS the right to direct Contractor as to details ofdoing any work under this Agreement or to exercise a measure of control over any security measures or such work shall be deemed to mean that Contractor shall fullow the desires of SAWS in the resatD ofthe work or security measures only

Advance coordination by Contractor with SAWS Security office for these security requirements is necessary to ensure no delays with timely perfurmance of the work In the event Contractor fails to comply with SAWS Security requirements SAWS may with no penalty or claim against SAWS issue a Work Stoppage Order until the security violation (s) are remedied

PenCCD Inc Name ofBidder (~) (print or type) SiaoIIure at r$OIIJMh~ to IiIII bict

-MDn~ca Av~~a H10 Sec

~--------

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

____________F_O_RMAL_~IIMTAnON BID (continued)

Page No 15 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

IMPORTANT MAILING INSTRUCTIONS

Mark Envelope

DID NAME FLUOROSILICIC ACID

DID No 10-2088

OPENING DATE JANUARY 192010 TIME 900 AM

MAIL TO DELIVER TO

Purchasing Division Purchasing Division San Antonio Water System San Antonio Water System P O Box 2449 2800 US Hwy 281 North San Antonio Texas 78298-2449 San Antonio Texas 78212

NOTE It is the bidders responsibility to ensure that bids are received in the prescribed manner by the stated date and hour ofthe bid opening

-------------------------------------------Pencco Inc

SIIn8IIn of iIUtII_ IIgt sign bid Monica Avila Bid Sec

___

170f21

81___d _ __ tl-__1 GEJIIERAL COMDnIOMS

(a) _____ -__

~ Bktder mIIIIe ~neceuytoirlOrmhiml tharouCINtn GllhetyOl ______~lSreqJredbrtt1bid~ NopllnOfiQnOr~bwtha~of

CiCIfldIonI th or hIreIbr_ra Of (W CIIMMn on PI __ blddIw to III t-=-~~ and irwaIgiIOnIto k ewIfy deIIIl the f1II1Wlmentl Of the ccnr1lCl _ _ __ _ __W__(_S) _ CltnrtltIor

~CI aMrd d IMt conIrICt SAWS IhtI hMoe rtght to CiInCIId oniIrs upon 01 ConIJ-=- to dIIIiyenIty n in 1WGPQUf SAWS SfIM 8110 h8we ~ rigtIt to 0Idet naeriilh ~ COIJ1IIIRIbIedelSilnandqu8ltyittequtltDa~itIIClIdIIdkardIno~frclMiWIy~~nIlOchCotII forcIfknnce~ofmateriamp~

2 PREPARATION Of lIDS 81C11 be tftPIAdlftllCClOfdne ~ () TheBiddlt fumtsh 81 1nreIohdbythe tidbm TtIe bidder pitfor typIthlSfInd 1NIIIoII~tndal~1I ShIM Gnwbkttentry 1$ madre (b lNprioes betLflaiMt -rar_nIiortCII UIilprice ~

(e)(d) Where____ ~cfbull ______ and l1li kWIIIIIaft tor bid IIIppnMIcf ~ hie br~ nat so cleItoIIJIIMtd yenIIiJI rQ be ~~-_ unfeU autuiud in wi1in by U connctinDafIIJcwIlhIn ttwtt- JIiot apeMIJ

(e) 8ktders lrdincUtlildlnl_inllld tinceSAWSIltomPllVlltGf A_~~wbeUnlshed~

DIIOIIPTIOII Of IUPllElIMIt __ or ~ f1IIInncIa in-dIKIbIg ltemll~ and nat restrlclMGIifIIIrwiM -d cnyto tndc_ al(I qJIIty of lTIIIleria WMn itent ~ dffer in ~__--_ _ _ _ _d_ oonose _ _ ___

4 QUAIITfTItS 81cfid1rs laquo~~CUtng ~IIIIIffOd nclCIIIcutMItt ~ poIIyOlSAWShoMverbullbull OI~blqInoaldCCJhdlng1O tS1IItbin Oftclull~CI~_ OI IIICII1tlfIIch~wtd aan-certlln __ CIIiIIulIJIedDft dlUllliBafa~ ehttlTight~ ~ccntractperiDd_S tlIMglUCt-PWiOCtSAWStnl~dIO_ ~any(JthelllmlarfMYdIIIIte or__ _the tIld~cr~ __ Undlrlivdl cannel_ _ __ __ __ __-

tudI~pIQpOHId on bISAWS~righltobld~inSAWfr~middot bull An~bkIdIIMd_cnWllhkhilimcrtlof tidillt ~ IIIsI then bull h ITWlel ptce or tIkIderI COlt _ aID n- tiddlllr GIll OWIQII tid but crI bull ~ alae-r SAWS resene riOM to8 ita ~RtctfliUi(jtbkI~ 1f1fldl twd ~SAWS 1heCOf1htt $AW$retii8fWSto~ar aud1i1enwfnlm~tobe~ orWCllk II) be

~0f8101 ) 8IdII tnd ~ lhIIbe encllOledln~-ape ~toCoMIIdhI 0fJtCIItS- MIanIoW_ ssaem 1hI ~ bull d tiddar1he date nhcu oftid opening aruI

__(b) __hllNOfmaeialar_ tidon- CtSAWS0IAIidt_ tel ~IIIUIt alJbMllledwltNntlll_~ ftO tI)SAWS IfnolOyenedorused dIrinQ ber~upanbullbulltidOInaplfllbull ___OIII11OD11CAllOH Of 81)8

BtrtlbeIme fOr bltdtlJlWllt9the ~Of~OfIctit ~ JftDiIIIMf~rWIII1ce~lUChlllGle8 reeehoedpiorlO IImt_dIiWI Ntfar tido~ oe-wu andmodlcltanalaquo ~ receMdfm1 _tor tfdopllllllrG tJensmedunopene4

1 DIIICOlJNTS () PfIynwtt cb~ wI1 be rcnkIIrMin ng d~1Dd of dlCOILIt cPftnd 1amp StftciIRto paymenllIIIhI aUCh period in CGIntI dtluslness The I1IIIUe of ~~

8IsGbII~IC1 (b) canon Mh any ~t1IIWbull be ~flaquom ell ~ Of IampCIPIes orJehlCe laquohrfn carrea1IWCice Isrtclliilled ~ dille ~iI dttmedtobe INIdI

on1he date 01 nIIng of the cfIeeIL SElLERS 11_() __ ___ __ ___5-__- _O Nobull __ _ _

(b) lWaicallil natmdyCI-n_receiipof~orlrMJiCel~ --------EXf_ Of _AI CONTRACT SAWS rwetMI ftamp ~ flO ~ 1fIIIIPIOIII to -nd _ tonncI ___ en pettod Of men taII ON arIUtItKt alfN tems eondions bull enunwraled lit me tern and CCtIdIIona cI~tor bt amt a price f1lpriCa noIto 1IIC88d_~

10 AyenfARD OF CCraquofTRACTr) The Connctthe bIdIiIr tJld~tothe ~_bIdl1I naI toSAWS b BIdders -dngOl~ablcfis~cI andDty~ The clwd1~(1) _ __-_

(2) _SAWS-_____ _ __

(l) __in SAWlr)ldleftWlt lOwbddlJr is noI SAWS to -d he ccnnrtto the 6iddIra ltil nattbe fJlSAWS~ton-d~ on riI in bi Oller ctffIrwtCaamplnbMkPlCa tlfleit8fn SAWSreurves tWUtotUe~ tdln_Nyenift ~cfSAWS to ~fcIIIowI

(1) 1IojIIcI(2) ___ _ _

3 ~bIQft_a-tsfJI~OIhertNnpice ~ ---111 rlfbidl is _IIiIMIr n ncfIctionof 8oardtlTfUItN$ In bIddIr prceestlhe ~ rteGltlnelldIJdbythe ~Ing chiIimlhe(C) SAWS=-==--=I~mtMlnQOf8oInf_~lWIfWIgpricrto d

(d) ____SAWS __ _

11 REJICT1OIOSAWSOf (a) __ _ _

1 n1iddIr~ft MIin1idI 1M1id ____COIIfcImtothe_the~OItid

a 1hI1id II cardIonaI ~

4 _ Thltbldll~__noI SAWS _ _ _bld _ d __SAWS~

CD) SAWSIWIttWIIDNIiJCtor tIkII1O~tIIdIOI_~btSAWSto _-tand fortnIIMlaquo it ND_IIOckoMIW~cftclWorOlltMlHdWorwh_ OIIIIitrd anwhtIhor lhtllbanOlkworOI 13 == CltrOlMtGIthI _ --or 01 AftyQIII Ol ~_ blIIOf~YfIICl

(OJ ___ _____dOhOIy_--________ (II) _ UnIt_ _ bid______ W_ _ __ __-_ shy~

~In_ _~_bt_~_ I11III1110001_) A__ _____(e) _ --Ild(st- _ _- ____ - _____ __

_ _ _ ___- - --InMOy- - ----- -1 A __ _ _ _ _ ___ __~ ~ 111___ -_ _____bull_-___bull_flr___ _ ____r0IIIC0rto~ prtcellJtor fIw1IIIlIddiIr fie ~ 0fticAr ~ wfntpect fte perfIw1t~ price _or ~ In Iheolktt

104 EQUAL MIIIOvtfT 0PPCNnlIfiY All conncaln dS10OOOOOoallhft t5laquo1IIIQhWUdt() TIIIt_ _ _ TIIIt_ _ _ ____- _ shy

=~=-==== =n~-~~====r~---__ __shy(b) IpGt ItICIfthCW to SAWS bull Ind parnit __ 11) fICOIdI and _1w ~ Of to ~~ rufeJ- shy_ flAWS(c) If fourdnatlD be In ~ thenat fllIit-ot cannct tlllcaNNClny ~~ or urpendId tn laquo In part QIf1hcID (My ~trom

(d) AI iiddIraor~canncDsor~totubmlt Mdlaquo~-tn SIgnad OIIciIIIft ln Of~fIO~ u~-_~dDnaI___ _ Gn OIoJIIIrIIIgIan ~arIgi__ _ __3 __-~Acl(el Tho _Ordlr201bull _ _~~

Of1_~~farand~inCilllllMelanHUODIiaIId15 8I)8QNO

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unIIultilin~IIith__ 8Gndll0Ic-1tu _1IiI___ crawt and ~--- ~ _ ___ _ __ 0 -_ SlktBondlaquo~

11 FUNOIIG __ In fie _ _ _____ ____SAWS In tNa cowact tD to HCIn or far Oller cn vwnU - to jnMdIww Md iCQnWCl copita bullbull UCC 1iIngI-d factOtInO SOWS_IO - __ assIgrwnreM

~flIMIIt~to Otin t8ed_~bJ II)YWdlrIneeolIIIIIJIcaI fthokIIr

~~

17of21

SAWS STANDARD INSURANCE SPECIFICATIONS (Specifications)

I Commencing on the date of this Contract the Contractor shall at his own expense purchase maintain and keep in force such insurance as will protect him and the San Antonio Water System (SAWS) and the City of San Antonio (the City) and their employees and agents from claims which may arise out of or result from his operations under this Contract whether such operations are by himself by any sub-contractor supplier or by anyone directly or indirectly employed by any of them or by anyone fur whose acts any of them may be liable including without limitation the following

a Worken CompensatioD (WC) insurance that will protect the Contractor SAWS and the City from claims under statutory Workers Compensation laws disability laws or such other employee benefit laws and that will fulfill the requirements of the jurisdiction in which the work is to be pertbrmed

This insurance shall be endorsed to provide a Waiver of SubrogatioD in favor of SAWS and the City with respect to both this insurance coverage and the Employen Liability (EL) insurance (as specified immediately below in section lb)

b Employen Liability (EL) insurance (Coverage B under standard Workers Compensation policy) that will protect the Contractor SAWS and the City fur damages because of bodily injury sickness disease of vendors employees apart from that imposed by Workers Compensation laws The employers liability insurance shall have minimum limits ofliability ofnot less than

$ 100000000 Bodily Injury by Accident 100000000 Bodily Injury by Disease - Each Employee 100000000 Bodily Injury by Disease - Policy Limit

c Commerdal General Liability (CGL) insurance that will protect the Contractor SAWS and the City from claims fur damages because of bodily injury personal injury sickness disease or death and insurance that wilt protect the Contractor SAWS and the City from claims fur damages to or destruction of tangible property ofothers including loss ofuse thereof

This coverage shall

bull Cover independent contractors

bull Not include any exclusions relating to blasting explosion collapse ofbuildings or damage to underground property where applicable

bull Afford coverage fur Products Liabilityandor Completed Operations and Contractual Liability

The minimum limits ofliability fur this coverage shall be

$ 100000000 Occurrence Limit 200000000 General Aggregate

180f21

100000000 ProductsCompleted Operations Aggregate 100000000 Personal and Advertising Injury

5000000 Fire Legal Liability 100000000 Contractual Liability

This insurance shall be endorsed

bull Naming SAWS and the City as an Additionallosured and

bull To provide a Waiver of Subrogation in favor ofSAWS and the City

d Comprehensive Automobile Liability (AL) insurance that will protect the Contractor SAWS and the City from claims for damages arising out ofthe maintenance operation or use of any owned non-owned or hired vehicles Minimum limits of liability for bodily injury and property damage combined shall be not less than $100000000 per each occurrence

This insurance shall be endorsed

bull Naming SAWS and the City as an Additional Insured and

bull To provide a Waiver of Subrogation in favor ofSA WS and the City

e Umbrella LiabiUty (UL) insurance in the amount ofS200000000 This policy shall be ofan Occurrence type and the limit of liability shall be concurrent with (following form) and in excess of the EL CGL and AL insurance coverage as descnbed in paragraphs lb lc and Id above

f Contractors Pollution Liability Insuraoce with limits of $1000000 per occurrencelS2000000 in the aggregate The policy shall provide claims made coverage for all claims liabilities damages costs fees and expenses of any kind or character arising out ofany Pollution Condition(s) (as defined below) that js in any way related to CONTRACTORs operations actions or inactions and completed operations associated with any work performed by Contractor its subcontractors or any of their respective employees agents representatives or officers under this Contract Coverage must be maintained for a minimum of twenty-four (24) months after the end of the Contract term or ifthe Contract js terminated fOr any reason fOr a minimum oftwentyshyfour (24) months fOllowing the date of termination The policy retroactive date will be no later than the Contract start date

Pollution Condition(s) means the djscharge dispersal release or escape of any solid liquid gaseous or thermal irritant or contaminant including but not limited to smoke sewage vaplrs soot fumes acids alkalis toxic chemicals medical waste and waste materials into or upon land the atmosphere or any watercourse or body of water including groundwater provided such conditions are not naturally present in the environment in the amounts or concentrations discovered

The Contradors Pollution Liability losurance will pay on behalf of the CONTRACTOR SAWS and the City of San Antonio all claims demands damages liabilities costs fees and expenses of any kind or character fOr bodily injury or death

190f21

property damage environmental or natural resource damage and any fines fees assessments or penalties of any kind assessed by any governmental department agency or commission that resuh from or are related to a Pollution Condition(s) Coverage will include all subcontractors hired by CONTRACIOR to perform any work under this Contract

The policy shall also include the fullowing provisions

I) Coverage fur bodily injury to include physical injury sickness disease mental anguish and emotional distress sustained by any person including death

2) All costs that are related to or that arise out of or from the investigation or adjustment of any claim or in connection with any court arbitration mediation state administrative hearing or other proceeding ofany kind including attorneys fees expert witness fees costs charges and expenses of any kind or character that arise out ofor that are related to a Pollution Condition(s)

3) Coverage shall be Primary and in addition to any other valid and collectible insurance carried by SAWS and the City of San Antonio as respects to this Contract

4) Coverage fur Natural Resource Damages and any fines fees penalties or assessments by any governmental agency commission or department related to any Pollution Condition(s)

5) Insured versus Insured exclusion if fuund in the policy shall not apply to a claim by an Insured who qualifies as a Client of the Named Insured under the policy

6) IfNon-Owned Disposal sites are used for disposal ofwastes these sites shall be specifically included under the Contractors Pollution Liability Insurance policy and

7) Coverage for punitive exemplary and multiple damages

Automobile Liability policy ofCONTRACIOR halliing QlJy quantityof fluorosilicic acid shall either be endorsed to provide coverage under the TE9948 endorsement or the Contractors Pollution Liability Insurance policy shall be endorsed to provide transportation coverage beyond the boundaries ofthe testing andor delivery site(s)

2 Contractor shall require Sub-contractors to carry insurance coverage appropriate to their scope ofWork

3 Contractor shall furnish a completed Certificate ofInsurance which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage limits and termination provisions shown thereon

4 The insurance that is required under these Specifications shall be written so that SAWS and the City will be notified in writing in the event of cancellation restrictive endorsement or nonshyrenewal at least thirty (30) days prior to such action

200[21

5 Certificates of Insurance shall be filed with the System 10 days prior to the SAWS Board of Trustees award of the Contract The SAWS Contract namelBid number shaD be included in the Description of Operations section located in the bottom half of the standard ACORD Certificate furms

Certificates shall be mailed to SAWS directly to

San Antonio Water System Attention PurchBSbtg Division P O Box 2449 San Antonio TeDs 78198-1449

Contractor shall be responsible fur obtaining Certificates of IDsunnce from the first tier Subshycontractor and upon request furnish copies to SAWS

6 Separate Certificates of Insurance shall be filed with the City ofSan Antonio] 0 days prior to the SAWS Board of Trustees award of the Contract The SAWS Contract namelBid number shaD be included in the Description of Operations section located in the bottom half of the standard ACORD Certificate furms

Certificates shall be mailed to the City ofSan Antonio directly to

City ofSan Antonio Attention Risk Management PO Box 39966 San Antonio TX 78283-3966

A copy of the certificate of insurance provided to the City of San Antonio shall be provided to SAWS at the same time

7 Contractor is responsible for all deductibles under all ofthe insurance policies reqilired by these Specifications

8 The stated limits of insurance required by these Specifications are MINIMUM ONLY and it shall be the Contractors responsibility to determine what limits are adequate and the length of time this coverage shall be maintained the insurance limits are not a limit of the Contractors liability

These minimum limits may be basic policy limits or any combination of basic limits and umbrella limits SAWS acceptance of Certificates of Insurance that in any respect do not comply with these Specifications does not release the Contractor from compliance herewith

9 Contractor agrees that an insurance policies required bYthese Specifications shall be with insurance companies firms or entities that have an AM Best rating of A- (A- minus) and a Financial Size Category rating of a VII or better All insurance policies shall be of an Occurrence type except the Contractors Pollution Liability line ofcoverage

210f21

10 SURVIVAL

Any and all representations conditions and warranties made by Contractor under this Contract including without limitation the provisions ofSection lb ie and Id ofthese Insurance Specifications are ofthe essence ofthis Contract and shall survive the execution and delivery of it and all stalernents contained in any document required by SAWS whether delivered at the time ofthe execution or al a later dale shall constitute representations and warranties hereunder

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PENCCO INC Pioneer Engineering Chemical Company

AFFIDAVIT OF COMPLIANCE

This is to certify that the Hydrofluorosilicic Acid supplied by our company meets A WWA Standard B703-00 or the latest revision and is certified to NSFANSI Standard NSF-60

Signature shy

R L Home President

Name and Title ofOfficial

142010

Date

PO BOX 600 bull SAN FELIPE TX 11473

PHONE 919-885-0005 bull 800-864-174~ bull FAX 979-885-3208

INPOPENCCOCON

NSF Certified Products - Public Water Supply Treatment Chemicals Page lof2

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NSFANSI STANDARD 60 Drinking Water Treatment Chemicalsmiddot Health Effects

----------~-----~

PENCCO INC PO BOX 600 SAN FELIPE TX 77473 800-864-1742 979-885-0005

Facility DISTRIBUTION CENTER - RICHMOND CA

Hydrofluosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid

Product Function Fluoridation Fluoridation

Max Use 6mgIL 6mgIL

Hydrofluosilicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - SOUTH GATE CA

HydrofluosUicir Acid Trade Designation Product FlUlCtion Max Use Fluorosilicic Acid Fluoridation 6mgIL Fluosilicic Acid Fluoridation 6mgIL Hydrofluosiiicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - WILLOW SPRINGS IL

Hydroftuosllicir Arid Trade Designation Product Fll1ICtion Max Use Fluorosilicic Acid Fluoridation 6mgIL F1uosilicic Acid Fluoridation 6mgIL Hydrofluosilicic Acid Fluoridation 6mgIL

httpwwwnsforglCertifiedlPwsChemicalslListingsaspCompanyName=pencooampTrade111412010

NSF Certified Products - Public Water Supply Treatment Chemicals Page 20f2

Facility D1STRI BUTION CENTER - BALTIMORE MD

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Facility DISTRIBUTION CENTER

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Product Function Fluoridation Fluoridation Fluoridation

SEALY TX

Product Function Fluoridation Fluoridation Fluoridation

Facility DISTRIBUTION CENTER - WAXAHACHIE TX

Hydrofluosilicic Acid Trade Designation FLUOROSILICIC ACID FLUOSJLlCJC ACID HYDROFLUOROSILlCJC ACID HYDROFLUOSILICIC ACID

Product Function Fluoridation Fluoridation Fluoridation Fluoridation

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL 6mgIL

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httpwwwnsforglCertifiedlPwsChemicalslListingsaspCompanyName=penccoampTrade114120 10

PENCCO INC Pioneer Engineering Chemical Company

HydrofluorosiIicic Acid Bid QAlQC Info

Pencco meets AWWA Standards and is NSF Certified

Hydrofluorosilicic acid also known as HFS or FSA is a transparent colorless (water white to straw yellow) aqueous solution that is used in a variety of applications including the major end-use water treatment for fluoridation FSA is produced during the concentration of phosphoric acid in an evaporation process unique to the phosphate industry The vapor stream from the phosphoric acid reaction is scrubbed with water to form FSA from the naturally-occurring silica acid The final product is collected stored and tested prior to release for shipment Potential danger of contamination is minimized through compliance with NSF 60 NSF 60 typically checks sourlt)e product and any subsequent transfer before unloading into customer tanks

infopenccoCGm PO Bo 600 S Felipe Tens 77473-0600 9791885-0005 FAX 979f88S310ll

Refer FL-J43 September 2000

THE MANUFACTURE OF THE FLUORIDE CHEMICALS

All ofthe fluoride chemicals used in the US for water fluoridation sodium fluoride sodium fluorosilicate and fluorosilicic acid are useful byproducts of the phosphate fertilizer industry The manufacturing process produces two byproducts (I) a solid calcium sulfate (sheetrock CaS04) and (2) the gases hydrofluoric acid (HF) and silicon tetrafluoride (SiF4) A simplified explanation of the manufacturing process follows Apatite rock a calcium mineral found in central Florida is ground up and treated with sulfuric acid producing phosphoric acid and the two byproducts calcium sulfate and the two gas emissions These gases are captured by product recovery units (scrubbers) and condensed into 23 fluorosilicic acid Sodium fluoride and sodium fluorosilicate are made from this acid

The question of toxicity purity and risk to humans from the addition of fluoride chemicals to the drinking water sometimes arises Almost all of the over 40 water treatment chemicals that may be used at the water plant are toxic to humans in their concentrated form eg chlorine gas and the fluoride chemicals are no exception Added to the drinking water in very small amounts the fluoride chemicals dissociate virtually J 00 into their various components (ions) and are very stable safe and non-toxic

Opponents of water fluoridation have argued that the silicofluorides do not completely dissociate under conditions ofnormal water treatment and thus may cause health problems To counter these claims the basic chemistry of this dissociation has been carefully reviewed Scientists at the US Environmental Protection Agency (EPA) and CDC epidemiologists have examined the research that opponents of water fluoridation cite Both groups have concluded that these charges are not credible

The claim is sometimes made that no health studies exist on the silicofluoride chemicals used in water fluoridation That is correct We the scientific community do not study health effects of concentrated chemicals as put into water we study the health effects ofthe treated water Le what those chemicals become fluoride ion silicates and the hydrogen ion The health effects of fluoride have been analyzed by literally thousands of studies over SO years and have been found to be safe and effective in reducing tooth decay The EPA has not set any Maximum Contaminant Level (MCL) for the silicates as there is no known health concerns for them at the low concentrations found in drinking water Of course the measurement ofthe pH of the water determines the concentration of the hydrogen ion

Concern has been raised about the impurities in the fluoride chemicals The American Water Works Association (A WWA) a well-respected water supply industry association sets standards for all chemicals used in the water treatment plant including fluoride chemicals The A WWA standards are ANSJJ A WWA B701-99 (sodium fluoride) ANSJJ A WWA B702-99 (sodium

fluorosilicate) and ANSIIAWWA B703-00 (fluorosilicic acid) The National Sanitation Foundation (NSF) also sets standards and does product certification for products used in the water industry including fluoride chemicals ANSINSF Standard 60 sets standards for purity and provides testing and certification for the fluoride chemicals Standard 60 was developed by NSF and a consortium of associations including the A WWA and the American National Standards Institute (ANSI) This standard provides for product quality and safety assurance to prevent the addition of harmful levels of contaminants from water treatment chemicals More than 40 states have laws or regulations requiring product compliance with Standard 60 NSF tests the fluoride chemicals for the II regulated metal compounds that have an EPA MCL In order for a product [for example fluorosilicic acid] to meet certification standards regulated metal contaminants must be present at the tap [in the home] at a concentration ofless than ten percent of the MCL when added to drinking water at the recommended maximum use level The EPA has not set any MCL for the silicates as there is no known health concerns but Standard 60 has a Maximum Allowable Level (MAL) of 16 mgIL for sodium silicates as corrosion control agents primarily for turbidity reasons NSF tests have shown the silicates in the water samples from public water systems to be well below these levels

Arsenic according to NSF tests had an average of043 ugIL [parts per billion] in the drinking water attributable to the fluoride chemical Opflow a monthly magazine from the A WWA has found the arsenic level in the finished water from the fluorosilicic acid to be 0245 ugIL [OpflowVol 26 No 10October 2000] The NSF Standard 60 has a Maximum Allowable Level (MAL) of25 ugIL and EPA has a MCL of 50 ugIL although they have proposed to lower their MCL to 5 ugIL As you can see arsenic is less that III Oth ofeven the proposed EPA MCL Finally tests by NSF and other independent testing laboratories have shown no detectable levels

of radionuclides in product samples of fluoride chemicals There is no evidence that any of the known impurities in the fluoride chemicals have failed to meet any of these standards Opponents ofwater fluoridation have sometimes charged that industrial grade fluoride chemicals are used at the water plant instead ofpharmaceutical grade chemicals All the standards of AWWA ANSI and NSF apply to these industrial grade fluoride chemicals to ensure they are safe Phannaceutical grade fluoride compounds are not appropriate for water fluoridation they are used in the formulation of prescription drugs

Finally it is sometimes alleged that the fluoride from natural sources like calcium fluoride is better than fluorides added artificially such as from the fluoride chemicals presently used There is no difference There is no reason to change the opinion of CDC that water fluoridation is safe and effective

Thomas O Reeves PE National Fluoridation Engineer Program Services Branch Division ofOm] Health National Center for Chronic Disease Prevention and Health Promotion Centers for Disease Control and Prevention

2

8813 US Highway 41 South Riverview Florida 33569

EMERGENCY TELEPHONEmiddot CHEMTREC 1-800-424-9300

SECTION I PRODUCT INFORMATION

TRADE NAME Hydrofluosilicic Acid

CHEMICAL NAME I Hydrofluosilicic Acid

CAS NUMBER

CHEMICAL FAMILY

SYNONYMS

PRIMARY USE

SECTION II

FORMULA

COMPOSITION

SECTION III EMERGENCY OVERVIEW

16961-83-4

I norganic Fluorides

FluorosHicic Acid Hexafluosilicic Acid HFS FSA Auoridation of drinking water

COMPOSITION INFORMATION ON INGREDIENTS

H2SiF6

Hydrofluosilicic Acid 120-25

water 175-80

HAZARD IDENTIFICATION Large doses can cause nausea vomiting diarrhea abdominal buming and cramp-like pains Circulatory respiratory neNOUS complaints and skin rashes may occur Liquid

Health Hazards or vapor also causes severe irritation and bums Which will not be immediately apparent It also causes severe irritation to the lungs nose and throat If swallowed it can cause severe damage to throat and stomach

Physical Hazards Not applicable

Physical Form liquid

Appearance water White to straw yellow liquid

Odor Pungent

Toxicity Not identified as toxic by OSHA

NFPA HAZARD CLASS ~HAZARD CLAS Health 3

I Flammability 0

Instability Special Hazard 1

FlammabHity 1

Physical 2Hanrd

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOSt MOS16961061

POTENTiAl HEALTH EFFECTS

Acute - I Titant Chronic - Degenerative changes in the liver Fluorosis

POTENTIAl ENVIRONMENTAl EFFECTS

None listed

SECTION IV FIRST AID MEASURES

FIRST AID PROCEDURES

Eyes Invnediately flush with plenty of water for at least 15 minutes Get medical attention invnediately

Skin

Invnediately flush with plenty of water Remove contaminated clothing Discard contaminated clothing properly Get medical attention if irritation occurs or persists

Inhated Move to fresh air Administer oxygen Treat symptomatically Get medical attention promptly

Ingestion Give large quantities of water to patient if conscious 00 Not induca vomiting Seek medical attention promptly

NOTE TO PHYSICIAN Not applicable

SECTION V FIRE FIGHTING MEASURES

Flammable Properties

Flash Point Not applicable

Flammability Not applicable

LEUUEL Not applicable

Auto-Ignition Temperature

Not applicable

Extinguishing Media Small fires Water spray foam dry chemical or CO2

Large fires Water spray fog or foam

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOS MOS16961061

Wear selfcontained breathing apparatus with full protective clothing

Protection of Firefighters

Dangerous when heated to decomposition highly toxic and corrosive fumes of fluorides are emitted Will react with water or steam to produce toxic and COITOSive fumes May generate hydrogen in contact with some metals

SECTION VI

RESPONSE TECHNIQUES

ACCIDENTAL RELEASE MEASURES Small spills Contain spill and stop leak if it can be done without risk Use sodium carbonate or a mixture of soda ash and slaked lime sand or noncombustible absorbent material to soak up material Place in DOTmiddotapproved poly container and dispose of properly

Large spills Use same procedure as above Isolate spill area and deny entry Prevent discharge into waterways and sewers Material may be neutralized with sodium carbonate or a mixture of soda ash and slaked lime Contact proper local state or federal regulatory agencies to ascertain proper disposal techniques and procedures

All waste to be collected in a DOTmiddot IPOlY drum for disposal

= SECTION VII

HANDLING

HANDLING AND STORAGE

Avoid contact with eyes skin and clothing Wash thoroughly after handling Maintain proper hygiene practices when handling this product

STORAGE Use DOT-approved poly drum for storage

SECTION VIII EXPOSURE CONTROLS I PERSONAL PROTECTION

ENGINEERING CONTROLS

Eye wash and shaNer stations should be available where acid is being handled

PERSONAl PROTECTIVE EQUIPMENT (PPE)

EyelFace

Skin

Respiratory

Splash proof goggles and fullmiddotface shield should be worn at all times Acid proof gloves headgear protective shoes and clothing should be worn to Drevent contact Use respiratory for 20ppm or less concentration Use a self-contained breathing apparatus for concentrations of greater than 2Oppm

Other None

GENERAL HYGIENE CONSIDERA nONS

Avoid breathing fumes Avoid ingestion Wash thoroughly after handling Avoid contact with eyes or skin Use in adequate ventilation

EXPOSURE GUIDELINES

OSHA Permissible Exposure Limits (PEL) 25mgFm3

ACGIH Threshold Limit Value (TLV) 25 rng Fm3

Status New Issue ~ate February 3 2006 Section(s) Revised NlA MSDS MOS16961061

SECTION IX PHYSICAL AND CHEMICAL PROPERTIES

Note Unless othetWise stated values in this section are determined at 20middotC (68middotF) and 760 mm Hg (1 aim)

Flash Point Not applicable Flammabilityl Explosive Limits ()

Not applicable

Auto-Ignition Temperature

Not applicable

Appearance Water white to straw yellow liquid

Physical State Liquid

Odor Pungent Molecular Weight of Pure Material

14411g1mol

pH 12 Vapor Pressure (mmHg)

Not applicable

Vapor Density (air=1)

Not applicable

Boiling Point 2223 OF

FreezinglMelting Point Not applicable

Solubility in Water Not applicable 100 soluble in water

Specific Gravity 12

Volatility Not applicable

Bulk Density 98 Ibslfemiddot 25 Sol 77DF

SECTION X STABILITY AND REACTIVITY

Chemical Stability Stable

Conditions to Avoid Avoid all heat sources

Incompatible Materials Avoid contact with metals stoneware strong acids and alkalies explosives toxicants readily oxidizable materials alkali metals combustible solids and organic peroxides

Hazardous Decomposition Products

Extreme temperatures such as a fire cause formation of highly toxic and corrosive fumes of fluorides such as SiF and HF Hydrogen gas may be fonned at temperatures above 227DF

Corrosiveness Attacks silica bearing materials metals and stoneware Hazardous Polymerization

Will not occur

Status New Issue Date February 3 2006 Section(s) Revised NA MSDS MOS16961061

SECTION XI TOXICOLOGICAL INFORMATION

Acute Oral Toxicity 430 mgkg oral-rat LD50

Acute Dermal Toxicity 140 mgkg LOLo (Frog)

Mutagenesis No data available

Target Organ No data available

Developmental Toxicity No data available

Carcinogenicity No data available

SECTION XII ECOLOGICAL INFORMATION

ECOTOXfCOLOGY No data available

SECTION XIII DISPOSAL CONSIDERATIONS

Keep in covered DOT-approved poly drums pending disposal Handle and dispose in full compliance with an applicable Intemational Federal State and Local reQulations

SECTION XIV TRANSPORT INFO

Regulatory Status None established

Proper Shipping Name Hydrofluosilicic Acid

Hazard Class Class 8 (corrosive)

Packing Group II

Identification Number UN1778

Guide Number 154

SECTION XV REGULA TORY INFORMATION

CERClA Not Regulated RCRA 26133 Not Regulated

SARA TI11E III Section 302 Not Regulated (ExemptIons at 40 CFR Pan 370 may apply for agricuIIural use or lor quantllies of less

SectIon 304 Not Regulated Section 3111312 Acute and Chronic

than 10000 pounds _lie) Section 313 Not Regulated NTP tARC OSHA Recommended for Study IARC group 3 Not regulated by OSHA

(PSM) Canada OSL and NDSL On Inventory TSCA On Inventory

Status New Issue Date February 3 2006 SectIon(s) Revised NlA MSOS MOS16961061

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS Usted as Fluorosilicic Acid CBSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUED REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMATION THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are fumished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4001shy1998

Note to (if 8IlpicBble)

Status New Issue Date February 3 2006 Section(s) Revised NlA MSDS MOS16961061

I

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS listed as Fluorosilicic Acid CaSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUEO REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMAnoN THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are furnished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4OO1shy1998

Note to __ (d 8pP1icab1ei

Status New Issue Date February 3 2006 Section(s) Revised NJA MSDS MOS16961061

DATE IIlIMIOOIYYY) nleO

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ACORD CERTIFICATE OF LIABILITY INSURANCE I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERllFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR

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If SUBROGATION IS WAIVED subject to the teons and conditions of the poHcy certain policies may require an endorsement A statement on this certificate does not OJOfer rights to the certificate holder in lieu of such endorsement(s)

DISCLAIMER

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3 Split Delivery Fee (stop charge) 227 deliveries UNIT TOTAL 11000

4 Expediated Delivery UNIT PRICE 92500

APPRO~ATETOTAL TOTAL 50000000

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Pennco SAWS Website Napea Chemical Cobull Inc Demandstar OXl UnivarUSA

Page 2: 331 Twisted Wood Dr.coalitionforsafemeters.org/TFSDW/PENNCO_Contract_2010.pdf · At the February 2,2010, meeting of the San Antonio Water System (SAWS) Board of Trustees, you were

CONTRACT AGREEMENT

February 102010

Pencco Inc PO Box 600 San Felipe TX 77473

Gentlemen

At the February 22010 meeting of the San Antonio Water System (SAWS) Board of Trustees you were awarded the Contract Agreement for FluorosiUcic Acid SAWS 10-2008 for the period of February 22010 through February I 2011 All purchases made under this contract will be subject to the terms and conditions of the applicable bid documents

Purebase order(s) will he issued by the asiDg department as they require items listed OD the contract Please reference purchase order on aD submitted invoices

This letter constitutes an agreement between your company and SAWS which includes all terms and conditions such as billings delivery locations and price changes A written notice stipulating in detail the requested price revision and justification must be furnished to the purchasing officer and approval received befure any revised pricing goes into effect

Please show each newly generated Purchase Order No on all invoices submitted during the period of the contract It is very important for both your company and SAWS that aD invoices indicate a Ship To location or have some indication of wbo placed the order or that the signature of the employee signing for receipt of the item is legible so that it can be read (ifnecessary please bave the employee also print their name)

If you have any questions please feel free to contact meat (210) 233-3820

Sincerely

~~~ Manager Purchasing Division

YCTrgb

clrhlabullbullallformolJoc

2aqo US Hwy 281 North PO Box 2449 bull San Antonio TX 78298-2449 wwwsawsorg

Rwlslld 115109 SAN ANTONIO WATER SYSTEM jAH 66 til SAN ANTONIO TEXAS

Page No 1 No Pages 21 Date December 30 2009 FORMAL INVITATION BID

Sealed bids addressed to the Purchasing Director San Antonio Water System 2800 US Hwy 281 Ncrth P O Box 1449 San Antonio TX 78298shy2449 will he recei~ until 00 Jry 19 1010 and then publicly opened and read aloud for furnishing malerials or services as described reoei~ herein helow

LlI In estimated quantities indicated below LlI For period beglming February 22010 and ending February 1 2011 o Bid Bond is AlqUired (See Paragraph 15 of Terms amp Conditions of Invitation for Bids) LlI Bid Bond is not required o Performance Bond is AlqUiredLlI Performance Bond is not required o Price quoted shall be firm and rtOIlo4SC8I8Iing during the contract period (Paragraph 138 b end c of Terms and Conditions do not apply)

Item Unit Total No Descri n Price Amount

SAN ANTONIO WATER SYSTEM ANNUAL CONTRACT

FOR FLUOROSILICIC ACID

(Contractors IDluraace Requirements Attached)

The San Antonio Water System (SAWS) reserves the right to extend the contract period for three (3) additional one year periods based on the initial bid submitted should such an extension be mutually agretable to SAWS and the Contractor

SCOPE OF WORK The San Antonio Water System has installed fluoridation systems at our 30 pumping stations The fluoridation system will utilize fluorosilicic acid to treat our water supply SAWS shall require the transporting and delivery of flUOfOSilicic acid to our various water station sites throughout the city of San Antonio proper This agreement is for the purchase of fluorosilicic acid normally 23 (concentration shall be between 22 - 25 percent by weight)

CrbCOItrlIctlIIII-1cIc acid IIkI No 10-20418 NOTICE TO BIDDERS The San Antonio W_ System Punhasing Division is wiling to II88ist any bldder(s) In the Interpretation ct bid proyIsIons Of expIallBlion ct haw bid fIlrrns are to be completed AssIstance can be received by visiting the Punhaaing Division located at 2800 US Hwy 281 North or by Il8IIing (210) 233-3819 PlrdIllIlIng Divi8lon Purdlasing Divi8lon

11M TO San Antonio W_ Syalem DELIVER TO S Antonio W_ SY$Iem IMPORTANT MAILING P O 8ox2449 2800 US Hwy 281 North 8TRUCTION8 s Antonio T_ 7821e-24411 S Antonio T_78=21c=2____ Plase check the following blanks which apply to your comPllY Ownership of finn (51 Of men) ~NOIHIIinorlty __Hispanic __AfrIcanAmeric __OIlIer Minority (specify) __ Female Owned

__Handicapped Owned __Small BISiras (less than $1 million annual receipts or 100 emJIIOy_)Tho-algned ___ 10 __ - cr __ lI14I-wtiCil ___ at price appaoiba __bull _ ~point()

~T__ -lfIIdlaquo _honIly _ bId __ 1I14I0cindiIi0ns ___1UbjOQ - lIet __ 01 this _ Bid the_JIOIIIIII ______bull__-----crlncapotadby-inlhe__ -_~d __lOcan__T__~bull___ --__ BIOOEIt MUST COMPLETE THE FOLLOWING Dlecount Terms 1 20 days (NellO days if left blank) Date of BId __1__1_4__1_0______~~____ DelYerywiUbecornpietedwithin 5-6 calendlldaysafter~ctcrder(lfapp4icab1e) May require addl time

Pencco Inc 11WttiC- hV7L N_ofBidder(~lI (priIIIorlJpO Si of~IIIIaip~Iridmiddot-----------

Po Box 600 Monica Avila Bid Sec PrintT)IION of _ -----~-----

shy San Felipe TX 77473 979-885-0005 979-885-3208 _No FuNo

monicapenccocom E-mail Address

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 2 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

PRICING SCHEDULES

The Fluorosilicic acid will be delivered as requested to the specified locations listed in Specifications Item 19 entitled Delivery

Bidders are to include all cost (Hazardous Material demurrage freight etc) in price QUoted per gallon or drum for all options SAWS will only pay for Fluorosilicic acid at the quoted price under this contract NO SEPARATE FEES

Item 19 entitled Delivery under Specifications requires trucks to first report to Mission Service Center for testing Truck will then travel to first delivery site Any subsequent delivery sites after Mission Service Center and the flISt delivery site will incur the Stop Charge

SAWS will pay for product based upon Gallons received Per Item 7 delivery trucks shall be equipped with a metering device to measure material loads per gallon

SAWS is requesliJlg Two (2) different priciDg optiollS lUI detailed below Both Opdolll mult be priced for bid to be respollSive The estimated annual pumpiDg quantities is l3Ot OOO gBoIII iududiag both Primary aDd Secondary StatioDI

1) One Year contract with options price revision upward or downward after one year Firm-fixed pricing for first year with three one-year options to extend with price adjustment upward or downward based upon price index at time of extension

2) One Year contract with options price revision upward or downward after 6 months Firm-fixed pricing for first six (6) months price adjustment upward or downward based upon price index at 6 months Three oneshyyear options to extend with price adjustment upward or downward based upon price index every 6 months

Pencco Inc SIgnEne 01_ IIUIIIltgtrized Ie sign bid

Monica Avila Bid Sec

__

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 3 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

OPTIONl

PRICE INDEX TO BE UlaIZED NA - based on submission of proof of price increase in product andor fuel

One Year contract Finn-fixed pricing for first year The San Antonio Water System (SAWS) reserves the right to extend the contract period for three (3) additional one-year periods with price adjustments upward or downward based upon price index should such an extension be mutually agreeable to SAWS and the Contractor

ESTIMATED PriceJgallDa TOTAL QUANTITY 1YEAR

~6l $4542 $104466000~d-230000 GL Item1 23 nominal Fluorosilicic Acid

$34650drumJOz11 ea Item 2 23 nominal Fluorosilicic Acid 55 gaDon drum $ 630

3J~ Item 3 - Split Delivery fee (stop charge) $11000 ea NA

Item 4 Expedited Delivery $ 9 2 5 bull 0 0 ea NA per truck plus listed proauct price

$104500650TOTAL OPTION 1

Pencco Inc ugtsIgn bids~of

Monica Avila Bid Sec

2

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMALI~A~ON~=D~(~~~ti=n~==~)_______________________

Page No 4 No Pages 21

Item Estimated Unit Total No Amount

OPTION 2

PRICE INDEX TO BE UTIUZED NA - based on submission of proof of price increase in product andor fuel

One Year contract Firm-fixed pricing for first six (6) months with price adjustment upward or downward based upon price index at 6 months The San Antonio Water System (SAWS) reserves the right to extend the contract period for three (3) additional one-year periods with price adjustment upward or downward based upon price index every 6 months should such an extension be mutually agreeable to SAWS and the Contractor

ESTIMATED Pricegallon TOTAL OUANTITY 1 YEAR

230000 GL Item I 23 nominal Fluorosilicic Acid $4542

$34650drumI ea Item 2 23 nominal Fluorosilicic Acid 55 lallon dnnJ 6 3 0

Item 3 Split Delivery fee (stop charge) $11000 ea NA

Item 4 Expedited Delivery $_9_2_5-----O_O__ea NA per truck plus listed product price

104500650TOTAL OnION 2

STANDARD REQUIREMENTS

I SAWS will evaluate optioos proposed to determine the best value for SAWS Award will be made to the overall lowest responsive bidder All items under options to be awarded together

It is anticipated that award of this contract will be made within 60 days following the date ofthe bid opening

3 Questions pertaining to bid procedures sball be directed to Ms Yvonne Torres CPSM CPM Purchasing Manager at (210) 233-3821 or e-mail at ytorressawsorC

4 All technical questions shall be directed to Mrs Floramie Welch at (210) 233-3744 or via e-mail to fwlechSawsorg Copy ofall questions shall be sent to Yvonne Torres

5 Questions are due in writing no later that 120 PM OD Friday Jouary 8 2amp10 Questions shall be sent to Yvonne Torres

6 Veodor must maintaiD and submit iDsuroee eertifieate as detailed in General Conditions Item 38

7 It shall be the responsibility ofthe vendor to unload and place the Fluorosilicic acid in the designated locatioos

Pencco Inc Name of Bidder (Company) (print or type) Signature of to Ilgn bidMon~~a Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMALINVITATlON BID (continued)

Page No 5 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

8 Successful vendor will receive an award letter upon selection Each delivery requested by SAWS will have a separate Purchase Order number

SPECIFICATIONS

1 Product shall be Fluorosilicic acid nominally 23 concentration shall be between (ll - 25) percent by weight in accordance with A WWA B703 latest revision and ANSlINSF60

2 A certified copy of the NSF 60 Certification ofthe product shall be submitted annually The vendors QCQA program shall be submitted for review by SAWS with the completed bid document A certificate of analysis shall be provided with each bulk load A preliminary Certificate of Analysis can be submitted with the delivery and a final certificate can be submitted within two days after the delivery to Velma Paniagua via facsimile at (210) 233-4151 or bye-mail at vpaniaguasawsorg

3 Please contact Floramie Welch at (210) 233 3744 for technical information concerning this contract and scheduling ofsite visits Delivery will be scheduled and coordinated by Velma Paniagua at (210) 233 3347 (vpaniaguasawsorg) or Al Delgado at (210) 233 - 3363 (adelgadosawsorg) or their designated representative Vendor must respond within 24 hours of receipt or order to same with delivery date Any delays in delivery must be communicated to individuals above

4 Vendor will be required to supply approximately (230000 gallons) annually of product in bulk tank loads FOB product usage varies with seasonal ambient temperatures and pumpage See attachment pumpage table at end of this document for the annual (estimated monthly quantities up to 125) by pump station

5 Deliveries shall be made within 5-7 calendar days including weekends and holidays after notification by authorized staff

6 All deliveries shall arrive at the designated SAWS facilities between the hours of7am - I lam SAWS normal hours ofoperation are from 7am to 330pm

7 Bulk tank load shipments of fluorosilicic acid must be delivered by truck equipped with a separate pressure system to unload into the bulk storage tanks on SAWS sites Each truck shall be equipped with sufficient length of hose and provide the necessary connecting fittings for their transport equipment to accommodate unloading facilities at the delivery site Each truck will be fitted with an air compressor or equivalent to empty product from the delivery hoses Additionally delivery trucks shall be equipped with a metering device to measure material loads by gallon Vendor shall document and provide metering start reading and each stop (name location) along with reading Information shall be provided upon completion of delivery to SAWS Vendors invoice shall also include information defined above for each delivery

8 Vendor will be responsible for unloading bulk tank load shipments at the primary pump station sites and refill ofonsite storage tanks at the secondary pump station sites A stop charge may be included as part of the bid in the delivery for split shipments to more than one location after stop at Verification Location and first delivery stop

Pencco Inc Signabn 01 peram __ to sign bidNome 01 BIdder (Company) (pOnt -1)

Monica Avila Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 6 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

9 There shall be no foreign materials evident in the delivered product associated with previously transported materials in the delivery tanker (ie oils other chemicals or other residues) The delivery transport company if separate from the chemical supplier will be responsible through the supplier for the cleanliness of the delivery tank vessel The transport company shall provide a certification ofcleanliness of the tank interior for every delivery regardless of size stating the tank was cleaned and free of foreign materials prior to loading of the Fluorosilicic acid The supervisor or his designated representative has the authority to reject material load if evidence of foreign material in the delivery tanker is present

10 Bidders are responsible for familiarizing themselves with the product unloading facilities and conditions at the pump stations Some sites bave limited access due to street andor site configuration This must be considered by the vendor to determine delivery quantity and truck capacity vehicle size and type to assUe access to pump station sites The vendor is responsible for determining the site delivery requirements to the appropriate delivery method whether large tanker small transport truck nurse tank 55-gallon drum or other approved method The vendor shall furnish certified weight tickets for each tank load delivery showing gross tare and net weights

II Vendor designate (driver or emergency response team) is responsible for spillage and clean up at the point of deliVery Driver or delivery personnel must be equipped with personal protective equipment (PPE) while loadingunloading material Contractors personnel and equipment shall be fully equipped and capable of performing all necessary delivery operations in a safe manner without assistance from SAWS or its employees Anytime work is to be performed near pumps or acid storage goggles face shield rubber gloves and an apron are the absolute minimum PPE to be worn If acid transfers are to be made a PVC raincoat should also he worn

12 All shipments must contain material safety data sheets (MSDS) and packing lists that include a proper description purchase order number unit cost and name of the person placing the order

13 Vendors shall include in their bid response descriptive literatlUe ofproduct being bid

14 Estimated Quantities No minimum or maximum quantities of fluorosilicic acid are guaranteed for the period ofthis contract Estimated quantities are noted in the attached pumpage table

15 The vendor shall provide three training sessions of 4 hours each on product safety and bandling prior to the first delivery of the product and annually thereafter for product safety training Vendor must submit Training Plan to cover product details manufacturing transportation and required PPE for safe bandling per OSHA requirements Safety training will be coordinated with SAWS Safety Department Velma Paniagua or Al Delgado of the SAWS Production Department will provide the SAWS Safety Department Point ofContact to the vendor prior to scheduling the training The Production Department will assist in coordinating the training between the vendor and SAWS Training Department

16 SAWS reserves the right to do quality assurance testing of the product on a periodic basis to verify the physical characteristics andor chemical content SAWS will also visually examine each load prior to

Pencco Inc

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 7 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

discharge from the vendors transport trucktrailer The vendor should allow for visual observations andor periodic physical testing to be done by SAWS Periodic physical testing may require up to one hour of additional time prior to unloading of product There will be NO demurrage charge for the one-hour time allowed for the physical testing Vendor must break the material seal collect the sample and hand it over to SAWS representative Under no circumstance will a SAWS employee be allowed to climb into truck and collect a sample

17 Notification The Contractor shall fax or e-mail the following information DO later thaD 200 pm the day prior to the scheduled delivery date to the SAWS representative ordering the shipment

Truck and tanker identification Drivers name and drivers license number Name ofcontract carrier if pre-authorized by SAWS Estimated arrival time and date Serial numbers of tanker trucks (ifapplicable)

middotSAWS shall provide a list ofcontact names and fax numbers after bid has been awarded

18 Delivery The delivery trucks wil first rqgtOrt to the Mission Service Center at 515 Mission Road for the chemical testing Periodic verification testing performed by SAWS or its agent will be in accordance with AWWA B703 After verification testing the truck will be dispatched to the delivery site and escorted at the site by maintenance personnel SAWS Points of Contacts are Velma Panaguai at (210) 233 3347 or AI Delgado at (210) 233 3363 for the site access and escort to various sites Delivery sites are listed below

Puml Stgtion Address AI Code 34 St 3939 Flagle 78237 Anderson 5025 W Loop 1604 N 78251 Artesia 703 At amp T Ctr Pkwy 78219 Basin 7110 Basin Drive 78216 Maltsberger 89] 0 Jones Maltsberger 78216 Marbach 7614 Marbach Rd 78227 Mission 605 E Theo 78210 Naco 13655 OConnor Rd 78233 Randolph 212 S WeidnerRd 78233 Wurzbach 6111 Wurzbach Rd 78238 Marlcet 106 W Maricet St 78205 Micron 7203 Micron Dr 78251 Winwood 28555 I lOWest 78257 Barbel 526 Pilgrim 78213 Brackenridge 13 amp 14 2300 Avenue B 78215

Pencco Inc Name of ~ (Comny) (print or type) Si9ngtOi-tosign bid

Monica Avila Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVIT AnON BID (continued)

Page No 8 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

Pamg Station Addness Zip Code Gateway 1 amp2 6615 RustJeaf 78242 Klaus 2660 Eisenhauer 78209 Lackland 6 amp 6A 8219 Five Palms 78242 LomaLinda 5218 Lorna Linda Dr 78201 Northwood 2319 Kenilworth 78209 Pipers Meadow 7721 Joe Newton 78251 Seale 254 SealeRd 78219 Sunshine 1929 S1 Cloud 78228 Sutton 942 Sutton Dr 78228 Turtle Creek 2 8523 Data Point 78229 Turtle Creek 3 8815 Data Point 78229 Walzem 127 Newport 78218 Woodlake 6663 FM 78 78244 Oliver Ranch 26293 US Hwy 281 N 78258

Damages Contractor shall be responsible for furnishing all required and applicable leak spill repair clean up equipment and kits for all vehicles making deliveries to SAWS facilities Contractor shall be liable for cleanup and lor repairs ofany damaged facility equipment by spillage or during chemical delivery caused by negligence or faulty equipment

Pencco Inc _afBl_(C_y) (pllnlortype) ~mca ~Bra Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 9 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

GENERAL CONDITIONS

1 This bid contains General Conditions and Specifications as well as in some areas other specific required information and material It is the bidders responsibility to be completely familiar with any and all requirements Failure to do so may result in bid being declared non-responsive

2 Any manufilcturer brand and model numbers used in these specifications are for the purpose of describing and establishing minimum requirements or level of quality standard of performance and design required and in no way intended to prohibit the bidding of other rnanufilcturers items ofequal specifications

3 The section headings or paragraph captions contained herein are for convenience of reference only and not intended to define extend or limit any provisions of this contract

4 Prices must be quoted FOB SAWS receiving agency San Antonio Texas Upon award of a contract the supplier is obligated to deliver the goods to the required destination and bears the risk of loss until delivery

5 Bids may not be conditioned on minimum deliveries The quantities shown are estimates only and are in no way binding upon SAWS Estimated quantities will be used for the purpose of evaluation SAWS may increase or decrease quantities as needed

6 Freight will be paid only when SAWS has made a request for expedited delivery

7 It will be the bidders responsibility to be completely familiar with all specifications prior to submitting bid No extra payment for the work specified will be considered Bidder must include all costs related to this bid in their unit price

8 Bidder by submitting a quote acknowledges that they have read and fully understand all requirements and take no exceptions

9 Bidder by submitting a bid hereby agrees that all SAWS requirements contained in this bid document take priority over any attached brochures literature company stated warranties andor requirements unless specifically spelled out in a separate letter titled Bid Exceptions

10 Please fill in prices make one copy for your file and submit all pages of the original bid form The Bidder shall furnish all information required by the bid fann The Bidder shall print or type hislher name and manually sign the schedule and each continuation sheet (Delete item 2a of Terms and Conditions of Invitation for Bid) Copies aDd fued bids willoot be accepted Bids can be downloaded from SAWS website at wwwwawsorg

11 Bid shall be enclosed in a sealed envelope addressed to the Purchasing Division in accordance with instructions contained herein with the name and address of bidder date and hour of bid opening and title of the bid solicitation placed on the outside of the envelope No Bids should be returned by the bid opening date with No Bid indicated on the envelope in addition to the bid number and bid opening date SAWS assumes no responsibility for bids not processed due to the fililure of the bidder to identify the envelope as a bid response

Pencco Inc Name af Bidder (Company) (print or type)

AV11aSigure af persqn authorized IIgt Sign bid

Mon1ca Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 10 No Pages 21

Item Estimated Unit Total No-__Quanti~ty~__________---Descrciption Price Amount

12 If bidder obtains bid specifications via Internet the bid must be submitted in hard copy according to the instructions contained in this bid If in its bid response bidder makes any changes whatsoever to SAWS bid specifications SAWS bid specifications as published shall controL Furthermore ifan alternation ofany kind to SAWS published bid specifications is only discovered after the contract is executed and is or is not being performed the contract is subject to immediate cancellation

13 Bidders facilities and equipment can be a determining factor in making the bid award All bidders wiD be subject to inspection of their facilities and equipment

14 All subject price lists should be submitted with this bid and shall become a part hereof However if in the opinion of the SAWS Purchasing Agent it is impractical for bidder to include published price lists as part of this bid and to furnish any price lists andor written changes as required herein bidder shall permit the Purchasing Agent or hislher authorized representatives to inspect the pertinent published price lists andor written changes in the office of the bidder or at any other location approved by the Purchasing Agent

15 By submittal of this bid bidder certifies to the best of their knowledge that all information is true and correct

16 A bid that has been opened may not be changed for the purpose ofcorrecting an error in the bid unit price

17 Bidder must submit Material Safety Data Sheets with the bid for any hazardous chemical quoted or supplied under this quote

18 SAWS will not be liable for any costs incurred by a bidder in responding to the bid request

19 Damaged goods or goods received due to error by supplier will be returned and supplier will pay freight

20 If not aliqle purchase tile qlUllltlties SboWD are estimates ollly aad are iD DO way biDdiDg DpoD SAWS Estimated quantities will be DIed tbr tile purpose of evlluation SAWS may iDcrease or decrease quantities U Deeded

21 When supplier cannot abide by terms and conditions in fulfilling the contract supplier must furnish service or goods from other sources at the contract price If supplier delays in the above SAWS reserves the right to purchase on the open market and charge supplier the difference between contract price and the purchase price

22 Bidder warrants that all deliveries under this bid will be of the type and quality herein specified SAWS may reject or refuse any delivery which falls below the quality required in the specif1C8tions and SAWS shall not be held to have accepted any delivery until after it has made an inspection of same and has had an opportunity to exercise this right of rejection

23 Bidder shall be responsible for alI charges which relate to the delivery of the goods to SAWS place ofbusiness and for the return to bidder of any goods fliected as being non-conforming under the specifications

Pencco Inc SignaIunt ~_10lion bid

Monica Avila Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONO TEXAS

FORMAL INVITATION BID (continued)

Page No 11 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

24 SAWS is the final judge ofproduct acceptability for items quoted on this bid

25 SAWS Specifications and Terms and Conditions provided with this bid document will prevail in the event of conflict with bidders

26 SAWS reserves the right to cancel this contract witb a 30 day written notice without cause

27 Termination-Breach Should vendor fail to fulfill in a timely and proper manner as determined solely by the Purchasing Director its obligations under this contract or violate any ofthe terms ofthis contract SAWS shall have tbe right to immediately terminate the contract Notice of termination shall be provided in writing to the vendor effective upon the date set forth in the notice Such termination shall not relieve the vendor of any liability to SAWS for damages snstained by virtue ofany breacb by the vendor

28 No oral statement of any person shall modify or otherwise change or affect the terms conditions or specifications stated in the resulting contract The SAWS Purchasing Division will make all change orders in writing

29 The successful bidder shall not sell assign transfer or convey this contract in whole or in part without the prior written consent of the Purchasing Division

30 The obligations of the parties hereto are performed in Bexar County Texas and if legal action is necessary to enforce same exclusive venue shall be within Bexar County Texas

31 Contractor shall defend indemnify and bold hannless SAWS from and against any liability loss cost and expense of whatsoever nature including those related to death bodily injury sickness disease andlor loss or destruction of property (including reasonable attorneys fees and costs of defense) resulting from Contractors performance of the services to the extent that such losses arise out of andor are attributed to the sole or concurrent negligence errors or omissions or strict liability of Contractor its employees Subcontractors agents or their respective employees Where liability is attributable to the joint negligence or fault ofContractor and SAWS Contractors duty of indemnification shall be limited to Contractors (and Contractors agents Subcontractors or employees) allocable share ofjoint negligence or fault

This indemnity shall be broadly construed to apply to all liability attributed to the concurrent and sole negligence ofcontractor and shall survive termination of this agreement

32 The goods or services furnished under this contract shall be covered by tbe most favorable commercial warranties given to any customer for same or similar supplies or services The implied warranties and remedies of the Universal Commercial Code are included in this procurement and shall apply to the issued purchase ordercontract

33 Prospective bidders must prove beyond any doubt to the SAWS Purchaaing Agent that they are duly qualified capable bondable etc to fulfill and abide by the specifications herein listed

Pencco Inc 5qIaItnt of ___10 sign bid

HameofB_(~) (pnntOitype)

Monica Avila Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 12 No Pages 21

Item Estimated Unit Total _N--o___O--u--a--ntity-___________Description Price Amount

34 Right to Audit (lump sum contracts) SAWS or its designated agent shall have the right to audit at any time the Contract related records and associated documents of the Contractor and Subcontractor Such right to audit shall be for the determination of the accuracy and validity of the Contractors and Subcontractors billing to SAWS and for verifying compliance with other terms and conditions of the Contract

35 Contractor and Subcontractor shall maintain aU records required to be kept by law rule or regulation or records required to document performance of the services specified in the contract documents The records shall be maintained for the period required by law for a reasonable period in the absence of the applicable law or for two (2) yesrs after completion ofall services whichever is greater Contractor shall provide to SAWS copies of such records as provided in the contract documents or as reasonably requested by SAWS after performance of the service

36 It is expressly understood and agreed by both parties hereto that SAWS is contracting with the successful bidder as an independent contractor The parties hereto understand and agree that SAWS shall not be liable for any claims which may be asserted by any third party occurring in connection with the services to be performed by the successful bidder under this contract and that the successful bidder has no authority to bind SAWS

37 The successful bidder agnes to indemnifY and hold SAWS harmless from any claim involving patent infringement or copyrights on goods supplied

38 If insurance is required the minimum insurance to be maintained shaU he in accordance with SAWS Standard IDsIUIUICe Spedtkations Bidder should submit a draft Insurance Certificate with Bid The successful bidder shall furnish a completed Certificate of Insuraoce which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage limits and terminstion provisions shown thereon Successful bidder will be required to maintain at all times during performance of the contract the insurance detailed in this bid document

Certificate of Insurance shall be filed with the System no later than 5 days after notification ofpending award of contract and before starting any work Certificates should he mailed to the Purchasing Division San Antonio Water System P O Box 2449 San Antonio Texas 78298-2449 CONTRACfORs CertHkate shan refereDce the SAWS bid Dumber at time ofsDbmittaL

39 The successful bidder shall mail invoices to the SAWS Accounts Payable Section P O Box 2449 San Antonio Texas 78298-2449 Invoices for payments and correspondence for this contract must reference the SAWS purchase order number

40 No officer or employee of SAWS shall have a financial interest direct or indirect in any contract with SAWS or shall benefit financially directly or indirectly in the sale to SAWS of any materials supplies or services except on behalf of SAWS as an officer or employee In this instance a SAWS employee is defined as any employee ofSAWS who is required to file a financial involvement report pursuant to the Citys ethics ordiuance

41 Any successful supplier required to perform any type of construction or service related work at SAWS location as a result ofthis bid or proposal must comply with all requirements shown in SAWS Health and Safety Program

Pencco Inc Name a( Bidder (CIlnIpanyI (print 0lt type) SIgnmint a( person auI1oIized lo sign bid

Monica Avila Bid Sec

SAN ANTOMO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 13 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

and Security Procedure No 2-11 Copies can be obtained from the SAWS Safety Officer at (210) 233-3616 Failure to comply with this requirement shall deem project in non-compliance and may result in immediate termination with cause

42 Suppliers employees performing work or making deliveries on SAWS property other than for a one-time drop shipment will be required to provide their employees with a photo identification badge that includes the company name no exception

43 Bid exceptions will be cause for rejection ofany bid at the sole discretion of the Purchasing Director

44 SAWS reserves the right to award this bid to more than one supplier

45 Award ofall bids and RFPs will be based on Best Value as determined by SAWS

46 In the event the San Antonio Water System Board does not appropriate tuuds for continuation of this contract for any fiscal year after the first fiscal year and it has no funds to continue this contract from other sources SAWS shall be released from its obligations under this contract

47 If a third party is used to ship mercbandise the shipping documents MUST include all SAWS Purchase Order Numbers

Pencco Inc SignaIuIe _IW_ 0 ~n bid

Monica AV11a Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVfTATlON BID (continued)

Page No 14 No Pages 21

Item Estimated Unit Total No Quantity Desaiption Price Amount

Security Requirements

Contractor shall ensure a Prime Contractor Data Form (PCDF) and a Background Saeening Letter (provided by SAWS Security) is properly completed fopound all employees performing work under this Agncment and on file with the SAWS Security Office prior to work commencement Subcontractors perfurming wort must be listed on the PCDF Contractor shan be responsible for the accuracy of information on the PCDF and fOr obtaining any and all required items (badges and parking tags) necessary to fulfilling the work under this Agreement The PCDF must be sent electronically to SCluritywoup(llIIwsorg Contractor shall advise the SAWS Project Manager of any employee terminations or changes to personnel perfurming work under this Agreement and Contractor sball immediately turn in any and all badges andor parking tags of employees who are terminated or no longer perfOrming work under this Agncment If there are any changes in the infOrmation contained in the PCDF or the Background Screening Letters Contractor shall immediately notifY the SAWS Project Manager and provide updated PCDF and Background Screening Letters with copies to securitygroup[iSllwsorg

Contractor and its employees and agents shall obtain a SAWS photo identification badge (Contractors Badge) and parking tag if necessary prior to any work on SAWS property which shall be used only fopound plllJlO5CS necessary to perfurm the work under this Agreement SAWS Badge Office bours are Monday and Friday 100 pm to 500 pm (hours are subject to change) Security Staff can be contacted at (210) 233-3760 or (210) 233-3616 A replacement fee shan be charged to replace any lost or damaged badges or parking tags As a condition of final payment Contractor shall return all badges and parking tags to the Security 0 ffice In the event Contractor fails to return all security badges and parking tags in addition to any other rights or remedies to which SAWS may be entitled at law or in equity SAWS may withhold from payment to the Contractor the sum ofS50000 dollars per badge or parking tag as liquidated damages Contractor agrees that the actual amount of damages fOr failore to return the badges andor parking tags are difficult to determine and the liquidated damages herein are not a penalty but are a reasonable estimate of the costs and expenses that may be incurred by SAWS for failure to return the badges or parking tags

Certain designated SAWS facilities Oist with SAWS Security) require a SAWS employee to physically escort Contractor at all times SAWS may in its sole discretion waive the escort requirements if the PCDF and a clean Background Screening Letter signed by an authcrized representative ofContractor are approved by SAWS Security

Subcontractors must always be under escort of the Contractor while perfOrming wort on any SAWS designated primary facility (list with SAWS Security) Subcontractors must display either a company photo badge with name or a valid driven license at all times while working on any SAWS property Contractor is solely responsible for the actions of its employees agents contractors and subcontractors

Due to changing security environments Contractor MUST be prepared fOr additional security requirements at its expense including background checks AiJy person fuund to have an unacceptable background check (as determined by SAWS review of submitted paperwork or other infurmation provided to or obtained by SAWS) will not be allowed to pertbrm work under this Agreement or on SAWS facilities Notwithatanding anything herein to the contrary any provisions in these Security Procedures that may appear to give SAWS the right to direct Contractor as to details ofdoing any work under this Agreement or to exercise a measure of control over any security measures or such work shall be deemed to mean that Contractor shall fullow the desires of SAWS in the resatD ofthe work or security measures only

Advance coordination by Contractor with SAWS Security office for these security requirements is necessary to ensure no delays with timely perfurmance of the work In the event Contractor fails to comply with SAWS Security requirements SAWS may with no penalty or claim against SAWS issue a Work Stoppage Order until the security violation (s) are remedied

PenCCD Inc Name ofBidder (~) (print or type) SiaoIIure at r$OIIJMh~ to IiIII bict

-MDn~ca Av~~a H10 Sec

~--------

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

____________F_O_RMAL_~IIMTAnON BID (continued)

Page No 15 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

IMPORTANT MAILING INSTRUCTIONS

Mark Envelope

DID NAME FLUOROSILICIC ACID

DID No 10-2088

OPENING DATE JANUARY 192010 TIME 900 AM

MAIL TO DELIVER TO

Purchasing Division Purchasing Division San Antonio Water System San Antonio Water System P O Box 2449 2800 US Hwy 281 North San Antonio Texas 78298-2449 San Antonio Texas 78212

NOTE It is the bidders responsibility to ensure that bids are received in the prescribed manner by the stated date and hour ofthe bid opening

-------------------------------------------Pencco Inc

SIIn8IIn of iIUtII_ IIgt sign bid Monica Avila Bid Sec

___

170f21

81___d _ __ tl-__1 GEJIIERAL COMDnIOMS

(a) _____ -__

~ Bktder mIIIIe ~neceuytoirlOrmhiml tharouCINtn GllhetyOl ______~lSreqJredbrtt1bid~ NopllnOfiQnOr~bwtha~of

CiCIfldIonI th or hIreIbr_ra Of (W CIIMMn on PI __ blddIw to III t-=-~~ and irwaIgiIOnIto k ewIfy deIIIl the f1II1Wlmentl Of the ccnr1lCl _ _ __ _ __W__(_S) _ CltnrtltIor

~CI aMrd d IMt conIrICt SAWS IhtI hMoe rtght to CiInCIId oniIrs upon 01 ConIJ-=- to dIIIiyenIty n in 1WGPQUf SAWS SfIM 8110 h8we ~ rigtIt to 0Idet naeriilh ~ COIJ1IIIRIbIedelSilnandqu8ltyittequtltDa~itIIClIdIIdkardIno~frclMiWIy~~nIlOchCotII forcIfknnce~ofmateriamp~

2 PREPARATION Of lIDS 81C11 be tftPIAdlftllCClOfdne ~ () TheBiddlt fumtsh 81 1nreIohdbythe tidbm TtIe bidder pitfor typIthlSfInd 1NIIIoII~tndal~1I ShIM Gnwbkttentry 1$ madre (b lNprioes betLflaiMt -rar_nIiortCII UIilprice ~

(e)(d) Where____ ~cfbull ______ and l1li kWIIIIIaft tor bid IIIppnMIcf ~ hie br~ nat so cleItoIIJIIMtd yenIIiJI rQ be ~~-_ unfeU autuiud in wi1in by U connctinDafIIJcwIlhIn ttwtt- JIiot apeMIJ

(e) 8ktders lrdincUtlildlnl_inllld tinceSAWSIltomPllVlltGf A_~~wbeUnlshed~

DIIOIIPTIOII Of IUPllElIMIt __ or ~ f1IIInncIa in-dIKIbIg ltemll~ and nat restrlclMGIifIIIrwiM -d cnyto tndc_ al(I qJIIty of lTIIIleria WMn itent ~ dffer in ~__--_ _ _ _ _d_ oonose _ _ ___

4 QUAIITfTItS 81cfid1rs laquo~~CUtng ~IIIIIffOd nclCIIIcutMItt ~ poIIyOlSAWShoMverbullbull OI~blqInoaldCCJhdlng1O tS1IItbin Oftclull~CI~_ OI IIICII1tlfIIch~wtd aan-certlln __ CIIiIIulIJIedDft dlUllliBafa~ ehttlTight~ ~ccntractperiDd_S tlIMglUCt-PWiOCtSAWStnl~dIO_ ~any(JthelllmlarfMYdIIIIte or__ _the tIld~cr~ __ Undlrlivdl cannel_ _ __ __ __ __-

tudI~pIQpOHId on bISAWS~righltobld~inSAWfr~middot bull An~bkIdIIMd_cnWllhkhilimcrtlof tidillt ~ IIIsI then bull h ITWlel ptce or tIkIderI COlt _ aID n- tiddlllr GIll OWIQII tid but crI bull ~ alae-r SAWS resene riOM to8 ita ~RtctfliUi(jtbkI~ 1f1fldl twd ~SAWS 1heCOf1htt $AW$retii8fWSto~ar aud1i1enwfnlm~tobe~ orWCllk II) be

~0f8101 ) 8IdII tnd ~ lhIIbe encllOledln~-ape ~toCoMIIdhI 0fJtCIItS- MIanIoW_ ssaem 1hI ~ bull d tiddar1he date nhcu oftid opening aruI

__(b) __hllNOfmaeialar_ tidon- CtSAWS0IAIidt_ tel ~IIIUIt alJbMllledwltNntlll_~ ftO tI)SAWS IfnolOyenedorused dIrinQ ber~upanbullbulltidOInaplfllbull ___OIII11OD11CAllOH Of 81)8

BtrtlbeIme fOr bltdtlJlWllt9the ~Of~OfIctit ~ JftDiIIIMf~rWIII1ce~lUChlllGle8 reeehoedpiorlO IImt_dIiWI Ntfar tido~ oe-wu andmodlcltanalaquo ~ receMdfm1 _tor tfdopllllllrG tJensmedunopene4

1 DIIICOlJNTS () PfIynwtt cb~ wI1 be rcnkIIrMin ng d~1Dd of dlCOILIt cPftnd 1amp StftciIRto paymenllIIIhI aUCh period in CGIntI dtluslness The I1IIIUe of ~~

8IsGbII~IC1 (b) canon Mh any ~t1IIWbull be ~flaquom ell ~ Of IampCIPIes orJehlCe laquohrfn carrea1IWCice Isrtclliilled ~ dille ~iI dttmedtobe INIdI

on1he date 01 nIIng of the cfIeeIL SElLERS 11_() __ ___ __ ___5-__- _O Nobull __ _ _

(b) lWaicallil natmdyCI-n_receiipof~orlrMJiCel~ --------EXf_ Of _AI CONTRACT SAWS rwetMI ftamp ~ flO ~ 1fIIIIPIOIII to -nd _ tonncI ___ en pettod Of men taII ON arIUtItKt alfN tems eondions bull enunwraled lit me tern and CCtIdIIona cI~tor bt amt a price f1lpriCa noIto 1IIC88d_~

10 AyenfARD OF CCraquofTRACTr) The Connctthe bIdIiIr tJld~tothe ~_bIdl1I naI toSAWS b BIdders -dngOl~ablcfis~cI andDty~ The clwd1~(1) _ __-_

(2) _SAWS-_____ _ __

(l) __in SAWlr)ldleftWlt lOwbddlJr is noI SAWS to -d he ccnnrtto the 6iddIra ltil nattbe fJlSAWS~ton-d~ on riI in bi Oller ctffIrwtCaamplnbMkPlCa tlfleit8fn SAWSreurves tWUtotUe~ tdln_Nyenift ~cfSAWS to ~fcIIIowI

(1) 1IojIIcI(2) ___ _ _

3 ~bIQft_a-tsfJI~OIhertNnpice ~ ---111 rlfbidl is _IIiIMIr n ncfIctionof 8oardtlTfUItN$ In bIddIr prceestlhe ~ rteGltlnelldIJdbythe ~Ing chiIimlhe(C) SAWS=-==--=I~mtMlnQOf8oInf_~lWIfWIgpricrto d

(d) ____SAWS __ _

11 REJICT1OIOSAWSOf (a) __ _ _

1 n1iddIr~ft MIin1idI 1M1id ____COIIfcImtothe_the~OItid

a 1hI1id II cardIonaI ~

4 _ Thltbldll~__noI SAWS _ _ _bld _ d __SAWS~

CD) SAWSIWIttWIIDNIiJCtor tIkII1O~tIIdIOI_~btSAWSto _-tand fortnIIMlaquo it ND_IIOckoMIW~cftclWorOlltMlHdWorwh_ OIIIIitrd anwhtIhor lhtllbanOlkworOI 13 == CltrOlMtGIthI _ --or 01 AftyQIII Ol ~_ blIIOf~YfIICl

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17of21

SAWS STANDARD INSURANCE SPECIFICATIONS (Specifications)

I Commencing on the date of this Contract the Contractor shall at his own expense purchase maintain and keep in force such insurance as will protect him and the San Antonio Water System (SAWS) and the City of San Antonio (the City) and their employees and agents from claims which may arise out of or result from his operations under this Contract whether such operations are by himself by any sub-contractor supplier or by anyone directly or indirectly employed by any of them or by anyone fur whose acts any of them may be liable including without limitation the following

a Worken CompensatioD (WC) insurance that will protect the Contractor SAWS and the City from claims under statutory Workers Compensation laws disability laws or such other employee benefit laws and that will fulfill the requirements of the jurisdiction in which the work is to be pertbrmed

This insurance shall be endorsed to provide a Waiver of SubrogatioD in favor of SAWS and the City with respect to both this insurance coverage and the Employen Liability (EL) insurance (as specified immediately below in section lb)

b Employen Liability (EL) insurance (Coverage B under standard Workers Compensation policy) that will protect the Contractor SAWS and the City fur damages because of bodily injury sickness disease of vendors employees apart from that imposed by Workers Compensation laws The employers liability insurance shall have minimum limits ofliability ofnot less than

$ 100000000 Bodily Injury by Accident 100000000 Bodily Injury by Disease - Each Employee 100000000 Bodily Injury by Disease - Policy Limit

c Commerdal General Liability (CGL) insurance that will protect the Contractor SAWS and the City from claims fur damages because of bodily injury personal injury sickness disease or death and insurance that wilt protect the Contractor SAWS and the City from claims fur damages to or destruction of tangible property ofothers including loss ofuse thereof

This coverage shall

bull Cover independent contractors

bull Not include any exclusions relating to blasting explosion collapse ofbuildings or damage to underground property where applicable

bull Afford coverage fur Products Liabilityandor Completed Operations and Contractual Liability

The minimum limits ofliability fur this coverage shall be

$ 100000000 Occurrence Limit 200000000 General Aggregate

180f21

100000000 ProductsCompleted Operations Aggregate 100000000 Personal and Advertising Injury

5000000 Fire Legal Liability 100000000 Contractual Liability

This insurance shall be endorsed

bull Naming SAWS and the City as an Additionallosured and

bull To provide a Waiver of Subrogation in favor ofSAWS and the City

d Comprehensive Automobile Liability (AL) insurance that will protect the Contractor SAWS and the City from claims for damages arising out ofthe maintenance operation or use of any owned non-owned or hired vehicles Minimum limits of liability for bodily injury and property damage combined shall be not less than $100000000 per each occurrence

This insurance shall be endorsed

bull Naming SAWS and the City as an Additional Insured and

bull To provide a Waiver of Subrogation in favor ofSA WS and the City

e Umbrella LiabiUty (UL) insurance in the amount ofS200000000 This policy shall be ofan Occurrence type and the limit of liability shall be concurrent with (following form) and in excess of the EL CGL and AL insurance coverage as descnbed in paragraphs lb lc and Id above

f Contractors Pollution Liability Insuraoce with limits of $1000000 per occurrencelS2000000 in the aggregate The policy shall provide claims made coverage for all claims liabilities damages costs fees and expenses of any kind or character arising out ofany Pollution Condition(s) (as defined below) that js in any way related to CONTRACTORs operations actions or inactions and completed operations associated with any work performed by Contractor its subcontractors or any of their respective employees agents representatives or officers under this Contract Coverage must be maintained for a minimum of twenty-four (24) months after the end of the Contract term or ifthe Contract js terminated fOr any reason fOr a minimum oftwentyshyfour (24) months fOllowing the date of termination The policy retroactive date will be no later than the Contract start date

Pollution Condition(s) means the djscharge dispersal release or escape of any solid liquid gaseous or thermal irritant or contaminant including but not limited to smoke sewage vaplrs soot fumes acids alkalis toxic chemicals medical waste and waste materials into or upon land the atmosphere or any watercourse or body of water including groundwater provided such conditions are not naturally present in the environment in the amounts or concentrations discovered

The Contradors Pollution Liability losurance will pay on behalf of the CONTRACTOR SAWS and the City of San Antonio all claims demands damages liabilities costs fees and expenses of any kind or character fOr bodily injury or death

190f21

property damage environmental or natural resource damage and any fines fees assessments or penalties of any kind assessed by any governmental department agency or commission that resuh from or are related to a Pollution Condition(s) Coverage will include all subcontractors hired by CONTRACIOR to perform any work under this Contract

The policy shall also include the fullowing provisions

I) Coverage fur bodily injury to include physical injury sickness disease mental anguish and emotional distress sustained by any person including death

2) All costs that are related to or that arise out of or from the investigation or adjustment of any claim or in connection with any court arbitration mediation state administrative hearing or other proceeding ofany kind including attorneys fees expert witness fees costs charges and expenses of any kind or character that arise out ofor that are related to a Pollution Condition(s)

3) Coverage shall be Primary and in addition to any other valid and collectible insurance carried by SAWS and the City of San Antonio as respects to this Contract

4) Coverage fur Natural Resource Damages and any fines fees penalties or assessments by any governmental agency commission or department related to any Pollution Condition(s)

5) Insured versus Insured exclusion if fuund in the policy shall not apply to a claim by an Insured who qualifies as a Client of the Named Insured under the policy

6) IfNon-Owned Disposal sites are used for disposal ofwastes these sites shall be specifically included under the Contractors Pollution Liability Insurance policy and

7) Coverage for punitive exemplary and multiple damages

Automobile Liability policy ofCONTRACIOR halliing QlJy quantityof fluorosilicic acid shall either be endorsed to provide coverage under the TE9948 endorsement or the Contractors Pollution Liability Insurance policy shall be endorsed to provide transportation coverage beyond the boundaries ofthe testing andor delivery site(s)

2 Contractor shall require Sub-contractors to carry insurance coverage appropriate to their scope ofWork

3 Contractor shall furnish a completed Certificate ofInsurance which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage limits and termination provisions shown thereon

4 The insurance that is required under these Specifications shall be written so that SAWS and the City will be notified in writing in the event of cancellation restrictive endorsement or nonshyrenewal at least thirty (30) days prior to such action

200[21

5 Certificates of Insurance shall be filed with the System 10 days prior to the SAWS Board of Trustees award of the Contract The SAWS Contract namelBid number shaD be included in the Description of Operations section located in the bottom half of the standard ACORD Certificate furms

Certificates shall be mailed to SAWS directly to

San Antonio Water System Attention PurchBSbtg Division P O Box 2449 San Antonio TeDs 78198-1449

Contractor shall be responsible fur obtaining Certificates of IDsunnce from the first tier Subshycontractor and upon request furnish copies to SAWS

6 Separate Certificates of Insurance shall be filed with the City ofSan Antonio] 0 days prior to the SAWS Board of Trustees award of the Contract The SAWS Contract namelBid number shaD be included in the Description of Operations section located in the bottom half of the standard ACORD Certificate furms

Certificates shall be mailed to the City ofSan Antonio directly to

City ofSan Antonio Attention Risk Management PO Box 39966 San Antonio TX 78283-3966

A copy of the certificate of insurance provided to the City of San Antonio shall be provided to SAWS at the same time

7 Contractor is responsible for all deductibles under all ofthe insurance policies reqilired by these Specifications

8 The stated limits of insurance required by these Specifications are MINIMUM ONLY and it shall be the Contractors responsibility to determine what limits are adequate and the length of time this coverage shall be maintained the insurance limits are not a limit of the Contractors liability

These minimum limits may be basic policy limits or any combination of basic limits and umbrella limits SAWS acceptance of Certificates of Insurance that in any respect do not comply with these Specifications does not release the Contractor from compliance herewith

9 Contractor agrees that an insurance policies required bYthese Specifications shall be with insurance companies firms or entities that have an AM Best rating of A- (A- minus) and a Financial Size Category rating of a VII or better All insurance policies shall be of an Occurrence type except the Contractors Pollution Liability line ofcoverage

210f21

10 SURVIVAL

Any and all representations conditions and warranties made by Contractor under this Contract including without limitation the provisions ofSection lb ie and Id ofthese Insurance Specifications are ofthe essence ofthis Contract and shall survive the execution and delivery of it and all stalernents contained in any document required by SAWS whether delivered at the time ofthe execution or al a later dale shall constitute representations and warranties hereunder

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PENCCO INC Pioneer Engineering Chemical Company

AFFIDAVIT OF COMPLIANCE

This is to certify that the Hydrofluorosilicic Acid supplied by our company meets A WWA Standard B703-00 or the latest revision and is certified to NSFANSI Standard NSF-60

Signature shy

R L Home President

Name and Title ofOfficial

142010

Date

PO BOX 600 bull SAN FELIPE TX 11473

PHONE 919-885-0005 bull 800-864-174~ bull FAX 979-885-3208

INPOPENCCOCON

NSF Certified Products - Public Water Supply Treatment Chemicals Page lof2

NSF

NSF Product and Service Listings

These Listings were Last Updated on Thursday Janulry 14 Z010 at 415 AM Eastern Time Please contact NSF International to confirm the status ofany Listing report errors or make suggestions

Wami NSF is COIIccncd abot fradu 1 d-loIIdilll d iplaUolI ofwcbsik tOIl Ifyou havo relaquorod Ihis listiar in lIrd copy ys rorafirm tllis ccrtlflcatleDilistlac Infonnlion lIy COilli diretlly to hHnllmywnrforclCertlfOCllP1Ch_ibullbullblListilAlpfCOIIIQlnyNme-peDccoamp for tho latest most eatntl ifonnatlon

NSFANSI STANDARD 60 Drinking Water Treatment Chemicalsmiddot Health Effects

----------~-----~

PENCCO INC PO BOX 600 SAN FELIPE TX 77473 800-864-1742 979-885-0005

Facility DISTRIBUTION CENTER - RICHMOND CA

Hydrofluosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid

Product Function Fluoridation Fluoridation

Max Use 6mgIL 6mgIL

Hydrofluosilicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - SOUTH GATE CA

HydrofluosUicir Acid Trade Designation Product FlUlCtion Max Use Fluorosilicic Acid Fluoridation 6mgIL Fluosilicic Acid Fluoridation 6mgIL Hydrofluosiiicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - WILLOW SPRINGS IL

Hydroftuosllicir Arid Trade Designation Product Fll1ICtion Max Use Fluorosilicic Acid Fluoridation 6mgIL F1uosilicic Acid Fluoridation 6mgIL Hydrofluosilicic Acid Fluoridation 6mgIL

httpwwwnsforglCertifiedlPwsChemicalslListingsaspCompanyName=pencooampTrade111412010

NSF Certified Products - Public Water Supply Treatment Chemicals Page 20f2

Facility D1STRI BUTION CENTER - BALTIMORE MD

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Facility DISTRIBUTION CENTER

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Product Function Fluoridation Fluoridation Fluoridation

SEALY TX

Product Function Fluoridation Fluoridation Fluoridation

Facility DISTRIBUTION CENTER - WAXAHACHIE TX

Hydrofluosilicic Acid Trade Designation FLUOROSILICIC ACID FLUOSJLlCJC ACID HYDROFLUOROSILlCJC ACID HYDROFLUOSILICIC ACID

Product Function Fluoridation Fluoridation Fluoridation Fluoridation

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL 6mgIL

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PENCCO INC Pioneer Engineering Chemical Company

HydrofluorosiIicic Acid Bid QAlQC Info

Pencco meets AWWA Standards and is NSF Certified

Hydrofluorosilicic acid also known as HFS or FSA is a transparent colorless (water white to straw yellow) aqueous solution that is used in a variety of applications including the major end-use water treatment for fluoridation FSA is produced during the concentration of phosphoric acid in an evaporation process unique to the phosphate industry The vapor stream from the phosphoric acid reaction is scrubbed with water to form FSA from the naturally-occurring silica acid The final product is collected stored and tested prior to release for shipment Potential danger of contamination is minimized through compliance with NSF 60 NSF 60 typically checks sourlt)e product and any subsequent transfer before unloading into customer tanks

infopenccoCGm PO Bo 600 S Felipe Tens 77473-0600 9791885-0005 FAX 979f88S310ll

Refer FL-J43 September 2000

THE MANUFACTURE OF THE FLUORIDE CHEMICALS

All ofthe fluoride chemicals used in the US for water fluoridation sodium fluoride sodium fluorosilicate and fluorosilicic acid are useful byproducts of the phosphate fertilizer industry The manufacturing process produces two byproducts (I) a solid calcium sulfate (sheetrock CaS04) and (2) the gases hydrofluoric acid (HF) and silicon tetrafluoride (SiF4) A simplified explanation of the manufacturing process follows Apatite rock a calcium mineral found in central Florida is ground up and treated with sulfuric acid producing phosphoric acid and the two byproducts calcium sulfate and the two gas emissions These gases are captured by product recovery units (scrubbers) and condensed into 23 fluorosilicic acid Sodium fluoride and sodium fluorosilicate are made from this acid

The question of toxicity purity and risk to humans from the addition of fluoride chemicals to the drinking water sometimes arises Almost all of the over 40 water treatment chemicals that may be used at the water plant are toxic to humans in their concentrated form eg chlorine gas and the fluoride chemicals are no exception Added to the drinking water in very small amounts the fluoride chemicals dissociate virtually J 00 into their various components (ions) and are very stable safe and non-toxic

Opponents of water fluoridation have argued that the silicofluorides do not completely dissociate under conditions ofnormal water treatment and thus may cause health problems To counter these claims the basic chemistry of this dissociation has been carefully reviewed Scientists at the US Environmental Protection Agency (EPA) and CDC epidemiologists have examined the research that opponents of water fluoridation cite Both groups have concluded that these charges are not credible

The claim is sometimes made that no health studies exist on the silicofluoride chemicals used in water fluoridation That is correct We the scientific community do not study health effects of concentrated chemicals as put into water we study the health effects ofthe treated water Le what those chemicals become fluoride ion silicates and the hydrogen ion The health effects of fluoride have been analyzed by literally thousands of studies over SO years and have been found to be safe and effective in reducing tooth decay The EPA has not set any Maximum Contaminant Level (MCL) for the silicates as there is no known health concerns for them at the low concentrations found in drinking water Of course the measurement ofthe pH of the water determines the concentration of the hydrogen ion

Concern has been raised about the impurities in the fluoride chemicals The American Water Works Association (A WWA) a well-respected water supply industry association sets standards for all chemicals used in the water treatment plant including fluoride chemicals The A WWA standards are ANSJJ A WWA B701-99 (sodium fluoride) ANSJJ A WWA B702-99 (sodium

fluorosilicate) and ANSIIAWWA B703-00 (fluorosilicic acid) The National Sanitation Foundation (NSF) also sets standards and does product certification for products used in the water industry including fluoride chemicals ANSINSF Standard 60 sets standards for purity and provides testing and certification for the fluoride chemicals Standard 60 was developed by NSF and a consortium of associations including the A WWA and the American National Standards Institute (ANSI) This standard provides for product quality and safety assurance to prevent the addition of harmful levels of contaminants from water treatment chemicals More than 40 states have laws or regulations requiring product compliance with Standard 60 NSF tests the fluoride chemicals for the II regulated metal compounds that have an EPA MCL In order for a product [for example fluorosilicic acid] to meet certification standards regulated metal contaminants must be present at the tap [in the home] at a concentration ofless than ten percent of the MCL when added to drinking water at the recommended maximum use level The EPA has not set any MCL for the silicates as there is no known health concerns but Standard 60 has a Maximum Allowable Level (MAL) of 16 mgIL for sodium silicates as corrosion control agents primarily for turbidity reasons NSF tests have shown the silicates in the water samples from public water systems to be well below these levels

Arsenic according to NSF tests had an average of043 ugIL [parts per billion] in the drinking water attributable to the fluoride chemical Opflow a monthly magazine from the A WWA has found the arsenic level in the finished water from the fluorosilicic acid to be 0245 ugIL [OpflowVol 26 No 10October 2000] The NSF Standard 60 has a Maximum Allowable Level (MAL) of25 ugIL and EPA has a MCL of 50 ugIL although they have proposed to lower their MCL to 5 ugIL As you can see arsenic is less that III Oth ofeven the proposed EPA MCL Finally tests by NSF and other independent testing laboratories have shown no detectable levels

of radionuclides in product samples of fluoride chemicals There is no evidence that any of the known impurities in the fluoride chemicals have failed to meet any of these standards Opponents ofwater fluoridation have sometimes charged that industrial grade fluoride chemicals are used at the water plant instead ofpharmaceutical grade chemicals All the standards of AWWA ANSI and NSF apply to these industrial grade fluoride chemicals to ensure they are safe Phannaceutical grade fluoride compounds are not appropriate for water fluoridation they are used in the formulation of prescription drugs

Finally it is sometimes alleged that the fluoride from natural sources like calcium fluoride is better than fluorides added artificially such as from the fluoride chemicals presently used There is no difference There is no reason to change the opinion of CDC that water fluoridation is safe and effective

Thomas O Reeves PE National Fluoridation Engineer Program Services Branch Division ofOm] Health National Center for Chronic Disease Prevention and Health Promotion Centers for Disease Control and Prevention

2

8813 US Highway 41 South Riverview Florida 33569

EMERGENCY TELEPHONEmiddot CHEMTREC 1-800-424-9300

SECTION I PRODUCT INFORMATION

TRADE NAME Hydrofluosilicic Acid

CHEMICAL NAME I Hydrofluosilicic Acid

CAS NUMBER

CHEMICAL FAMILY

SYNONYMS

PRIMARY USE

SECTION II

FORMULA

COMPOSITION

SECTION III EMERGENCY OVERVIEW

16961-83-4

I norganic Fluorides

FluorosHicic Acid Hexafluosilicic Acid HFS FSA Auoridation of drinking water

COMPOSITION INFORMATION ON INGREDIENTS

H2SiF6

Hydrofluosilicic Acid 120-25

water 175-80

HAZARD IDENTIFICATION Large doses can cause nausea vomiting diarrhea abdominal buming and cramp-like pains Circulatory respiratory neNOUS complaints and skin rashes may occur Liquid

Health Hazards or vapor also causes severe irritation and bums Which will not be immediately apparent It also causes severe irritation to the lungs nose and throat If swallowed it can cause severe damage to throat and stomach

Physical Hazards Not applicable

Physical Form liquid

Appearance water White to straw yellow liquid

Odor Pungent

Toxicity Not identified as toxic by OSHA

NFPA HAZARD CLASS ~HAZARD CLAS Health 3

I Flammability 0

Instability Special Hazard 1

FlammabHity 1

Physical 2Hanrd

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOSt MOS16961061

POTENTiAl HEALTH EFFECTS

Acute - I Titant Chronic - Degenerative changes in the liver Fluorosis

POTENTIAl ENVIRONMENTAl EFFECTS

None listed

SECTION IV FIRST AID MEASURES

FIRST AID PROCEDURES

Eyes Invnediately flush with plenty of water for at least 15 minutes Get medical attention invnediately

Skin

Invnediately flush with plenty of water Remove contaminated clothing Discard contaminated clothing properly Get medical attention if irritation occurs or persists

Inhated Move to fresh air Administer oxygen Treat symptomatically Get medical attention promptly

Ingestion Give large quantities of water to patient if conscious 00 Not induca vomiting Seek medical attention promptly

NOTE TO PHYSICIAN Not applicable

SECTION V FIRE FIGHTING MEASURES

Flammable Properties

Flash Point Not applicable

Flammability Not applicable

LEUUEL Not applicable

Auto-Ignition Temperature

Not applicable

Extinguishing Media Small fires Water spray foam dry chemical or CO2

Large fires Water spray fog or foam

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOS MOS16961061

Wear selfcontained breathing apparatus with full protective clothing

Protection of Firefighters

Dangerous when heated to decomposition highly toxic and corrosive fumes of fluorides are emitted Will react with water or steam to produce toxic and COITOSive fumes May generate hydrogen in contact with some metals

SECTION VI

RESPONSE TECHNIQUES

ACCIDENTAL RELEASE MEASURES Small spills Contain spill and stop leak if it can be done without risk Use sodium carbonate or a mixture of soda ash and slaked lime sand or noncombustible absorbent material to soak up material Place in DOTmiddotapproved poly container and dispose of properly

Large spills Use same procedure as above Isolate spill area and deny entry Prevent discharge into waterways and sewers Material may be neutralized with sodium carbonate or a mixture of soda ash and slaked lime Contact proper local state or federal regulatory agencies to ascertain proper disposal techniques and procedures

All waste to be collected in a DOTmiddot IPOlY drum for disposal

= SECTION VII

HANDLING

HANDLING AND STORAGE

Avoid contact with eyes skin and clothing Wash thoroughly after handling Maintain proper hygiene practices when handling this product

STORAGE Use DOT-approved poly drum for storage

SECTION VIII EXPOSURE CONTROLS I PERSONAL PROTECTION

ENGINEERING CONTROLS

Eye wash and shaNer stations should be available where acid is being handled

PERSONAl PROTECTIVE EQUIPMENT (PPE)

EyelFace

Skin

Respiratory

Splash proof goggles and fullmiddotface shield should be worn at all times Acid proof gloves headgear protective shoes and clothing should be worn to Drevent contact Use respiratory for 20ppm or less concentration Use a self-contained breathing apparatus for concentrations of greater than 2Oppm

Other None

GENERAL HYGIENE CONSIDERA nONS

Avoid breathing fumes Avoid ingestion Wash thoroughly after handling Avoid contact with eyes or skin Use in adequate ventilation

EXPOSURE GUIDELINES

OSHA Permissible Exposure Limits (PEL) 25mgFm3

ACGIH Threshold Limit Value (TLV) 25 rng Fm3

Status New Issue ~ate February 3 2006 Section(s) Revised NlA MSDS MOS16961061

SECTION IX PHYSICAL AND CHEMICAL PROPERTIES

Note Unless othetWise stated values in this section are determined at 20middotC (68middotF) and 760 mm Hg (1 aim)

Flash Point Not applicable Flammabilityl Explosive Limits ()

Not applicable

Auto-Ignition Temperature

Not applicable

Appearance Water white to straw yellow liquid

Physical State Liquid

Odor Pungent Molecular Weight of Pure Material

14411g1mol

pH 12 Vapor Pressure (mmHg)

Not applicable

Vapor Density (air=1)

Not applicable

Boiling Point 2223 OF

FreezinglMelting Point Not applicable

Solubility in Water Not applicable 100 soluble in water

Specific Gravity 12

Volatility Not applicable

Bulk Density 98 Ibslfemiddot 25 Sol 77DF

SECTION X STABILITY AND REACTIVITY

Chemical Stability Stable

Conditions to Avoid Avoid all heat sources

Incompatible Materials Avoid contact with metals stoneware strong acids and alkalies explosives toxicants readily oxidizable materials alkali metals combustible solids and organic peroxides

Hazardous Decomposition Products

Extreme temperatures such as a fire cause formation of highly toxic and corrosive fumes of fluorides such as SiF and HF Hydrogen gas may be fonned at temperatures above 227DF

Corrosiveness Attacks silica bearing materials metals and stoneware Hazardous Polymerization

Will not occur

Status New Issue Date February 3 2006 Section(s) Revised NA MSDS MOS16961061

SECTION XI TOXICOLOGICAL INFORMATION

Acute Oral Toxicity 430 mgkg oral-rat LD50

Acute Dermal Toxicity 140 mgkg LOLo (Frog)

Mutagenesis No data available

Target Organ No data available

Developmental Toxicity No data available

Carcinogenicity No data available

SECTION XII ECOLOGICAL INFORMATION

ECOTOXfCOLOGY No data available

SECTION XIII DISPOSAL CONSIDERATIONS

Keep in covered DOT-approved poly drums pending disposal Handle and dispose in full compliance with an applicable Intemational Federal State and Local reQulations

SECTION XIV TRANSPORT INFO

Regulatory Status None established

Proper Shipping Name Hydrofluosilicic Acid

Hazard Class Class 8 (corrosive)

Packing Group II

Identification Number UN1778

Guide Number 154

SECTION XV REGULA TORY INFORMATION

CERClA Not Regulated RCRA 26133 Not Regulated

SARA TI11E III Section 302 Not Regulated (ExemptIons at 40 CFR Pan 370 may apply for agricuIIural use or lor quantllies of less

SectIon 304 Not Regulated Section 3111312 Acute and Chronic

than 10000 pounds _lie) Section 313 Not Regulated NTP tARC OSHA Recommended for Study IARC group 3 Not regulated by OSHA

(PSM) Canada OSL and NDSL On Inventory TSCA On Inventory

Status New Issue Date February 3 2006 SectIon(s) Revised NlA MSOS MOS16961061

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS Usted as Fluorosilicic Acid CBSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUED REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMATION THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are fumished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4001shy1998

Note to (if 8IlpicBble)

Status New Issue Date February 3 2006 Section(s) Revised NlA MSDS MOS16961061

I

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS listed as Fluorosilicic Acid CaSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUEO REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMAnoN THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are furnished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4OO1shy1998

Note to __ (d 8pP1icab1ei

Status New Issue Date February 3 2006 Section(s) Revised NJA MSDS MOS16961061

DATE IIlIMIOOIYYY) nleO

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If SUBROGATION IS WAIVED subject to the teons and conditions of the poHcy certain policies may require an endorsement A statement on this certificate does not OJOfer rights to the certificate holder in lieu of such endorsement(s)

DISCLAIMER

The Certificate of Insurance on the reverse side of this foon does not constitute a contract between the issuing insurer(s) authorized representative or producer and the certificate holder nor does it affinnatively or negatively amend extend or alter the coverage alforded by the policies listed thereon

ACORD 25 (2001108)

SUPPLEMENT TO CERTIFICATE OF INSURANCE I DATE 11180

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SAN ANTONIO TEXAS 78298middot2449 TABULATION OF BIDS

Annual Contract for Fluoroslficic Acid (February 2 2010 through February 1 2011) 300 pmbull January 19 2010

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2 1 ea 23 nominal Fluorosilicic Acid 55 pilon drum

UNIT PRICE 630

3 Split Delivery Fee (stop charge) 227 deliveries UNIT TOTAL 11000

4 Expediated Delivery UNIT PRICE 92500

APPRO~ATETOTAL TOTAL 50000000

Tenns

Delivery Days

1 20 days

5-6 days

1

BID INVITAnONS WERE MAUD TO ANDOR PICKED UP BY

Pennco SAWS Website Napea Chemical Cobull Inc Demandstar OXl UnivarUSA

Page 3: 331 Twisted Wood Dr.coalitionforsafemeters.org/TFSDW/PENNCO_Contract_2010.pdf · At the February 2,2010, meeting of the San Antonio Water System (SAWS) Board of Trustees, you were

Rwlslld 115109 SAN ANTONIO WATER SYSTEM jAH 66 til SAN ANTONIO TEXAS

Page No 1 No Pages 21 Date December 30 2009 FORMAL INVITATION BID

Sealed bids addressed to the Purchasing Director San Antonio Water System 2800 US Hwy 281 Ncrth P O Box 1449 San Antonio TX 78298shy2449 will he recei~ until 00 Jry 19 1010 and then publicly opened and read aloud for furnishing malerials or services as described reoei~ herein helow

LlI In estimated quantities indicated below LlI For period beglming February 22010 and ending February 1 2011 o Bid Bond is AlqUired (See Paragraph 15 of Terms amp Conditions of Invitation for Bids) LlI Bid Bond is not required o Performance Bond is AlqUiredLlI Performance Bond is not required o Price quoted shall be firm and rtOIlo4SC8I8Iing during the contract period (Paragraph 138 b end c of Terms and Conditions do not apply)

Item Unit Total No Descri n Price Amount

SAN ANTONIO WATER SYSTEM ANNUAL CONTRACT

FOR FLUOROSILICIC ACID

(Contractors IDluraace Requirements Attached)

The San Antonio Water System (SAWS) reserves the right to extend the contract period for three (3) additional one year periods based on the initial bid submitted should such an extension be mutually agretable to SAWS and the Contractor

SCOPE OF WORK The San Antonio Water System has installed fluoridation systems at our 30 pumping stations The fluoridation system will utilize fluorosilicic acid to treat our water supply SAWS shall require the transporting and delivery of flUOfOSilicic acid to our various water station sites throughout the city of San Antonio proper This agreement is for the purchase of fluorosilicic acid normally 23 (concentration shall be between 22 - 25 percent by weight)

CrbCOItrlIctlIIII-1cIc acid IIkI No 10-20418 NOTICE TO BIDDERS The San Antonio W_ System Punhasing Division is wiling to II88ist any bldder(s) In the Interpretation ct bid proyIsIons Of expIallBlion ct haw bid fIlrrns are to be completed AssIstance can be received by visiting the Punhaaing Division located at 2800 US Hwy 281 North or by Il8IIing (210) 233-3819 PlrdIllIlIng Divi8lon Purdlasing Divi8lon

11M TO San Antonio W_ Syalem DELIVER TO S Antonio W_ SY$Iem IMPORTANT MAILING P O 8ox2449 2800 US Hwy 281 North 8TRUCTION8 s Antonio T_ 7821e-24411 S Antonio T_78=21c=2____ Plase check the following blanks which apply to your comPllY Ownership of finn (51 Of men) ~NOIHIIinorlty __Hispanic __AfrIcanAmeric __OIlIer Minority (specify) __ Female Owned

__Handicapped Owned __Small BISiras (less than $1 million annual receipts or 100 emJIIOy_)Tho-algned ___ 10 __ - cr __ lI14I-wtiCil ___ at price appaoiba __bull _ ~point()

~T__ -lfIIdlaquo _honIly _ bId __ 1I14I0cindiIi0ns ___1UbjOQ - lIet __ 01 this _ Bid the_JIOIIIIII ______bull__-----crlncapotadby-inlhe__ -_~d __lOcan__T__~bull___ --__ BIOOEIt MUST COMPLETE THE FOLLOWING Dlecount Terms 1 20 days (NellO days if left blank) Date of BId __1__1_4__1_0______~~____ DelYerywiUbecornpietedwithin 5-6 calendlldaysafter~ctcrder(lfapp4icab1e) May require addl time

Pencco Inc 11WttiC- hV7L N_ofBidder(~lI (priIIIorlJpO Si of~IIIIaip~Iridmiddot-----------

Po Box 600 Monica Avila Bid Sec PrintT)IION of _ -----~-----

shy San Felipe TX 77473 979-885-0005 979-885-3208 _No FuNo

monicapenccocom E-mail Address

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 2 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

PRICING SCHEDULES

The Fluorosilicic acid will be delivered as requested to the specified locations listed in Specifications Item 19 entitled Delivery

Bidders are to include all cost (Hazardous Material demurrage freight etc) in price QUoted per gallon or drum for all options SAWS will only pay for Fluorosilicic acid at the quoted price under this contract NO SEPARATE FEES

Item 19 entitled Delivery under Specifications requires trucks to first report to Mission Service Center for testing Truck will then travel to first delivery site Any subsequent delivery sites after Mission Service Center and the flISt delivery site will incur the Stop Charge

SAWS will pay for product based upon Gallons received Per Item 7 delivery trucks shall be equipped with a metering device to measure material loads per gallon

SAWS is requesliJlg Two (2) different priciDg optiollS lUI detailed below Both Opdolll mult be priced for bid to be respollSive The estimated annual pumpiDg quantities is l3Ot OOO gBoIII iududiag both Primary aDd Secondary StatioDI

1) One Year contract with options price revision upward or downward after one year Firm-fixed pricing for first year with three one-year options to extend with price adjustment upward or downward based upon price index at time of extension

2) One Year contract with options price revision upward or downward after 6 months Firm-fixed pricing for first six (6) months price adjustment upward or downward based upon price index at 6 months Three oneshyyear options to extend with price adjustment upward or downward based upon price index every 6 months

Pencco Inc SIgnEne 01_ IIUIIIltgtrized Ie sign bid

Monica Avila Bid Sec

__

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 3 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

OPTIONl

PRICE INDEX TO BE UlaIZED NA - based on submission of proof of price increase in product andor fuel

One Year contract Finn-fixed pricing for first year The San Antonio Water System (SAWS) reserves the right to extend the contract period for three (3) additional one-year periods with price adjustments upward or downward based upon price index should such an extension be mutually agreeable to SAWS and the Contractor

ESTIMATED PriceJgallDa TOTAL QUANTITY 1YEAR

~6l $4542 $104466000~d-230000 GL Item1 23 nominal Fluorosilicic Acid

$34650drumJOz11 ea Item 2 23 nominal Fluorosilicic Acid 55 gaDon drum $ 630

3J~ Item 3 - Split Delivery fee (stop charge) $11000 ea NA

Item 4 Expedited Delivery $ 9 2 5 bull 0 0 ea NA per truck plus listed proauct price

$104500650TOTAL OPTION 1

Pencco Inc ugtsIgn bids~of

Monica Avila Bid Sec

2

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMALI~A~ON~=D~(~~~ti=n~==~)_______________________

Page No 4 No Pages 21

Item Estimated Unit Total No Amount

OPTION 2

PRICE INDEX TO BE UTIUZED NA - based on submission of proof of price increase in product andor fuel

One Year contract Firm-fixed pricing for first six (6) months with price adjustment upward or downward based upon price index at 6 months The San Antonio Water System (SAWS) reserves the right to extend the contract period for three (3) additional one-year periods with price adjustment upward or downward based upon price index every 6 months should such an extension be mutually agreeable to SAWS and the Contractor

ESTIMATED Pricegallon TOTAL OUANTITY 1 YEAR

230000 GL Item I 23 nominal Fluorosilicic Acid $4542

$34650drumI ea Item 2 23 nominal Fluorosilicic Acid 55 lallon dnnJ 6 3 0

Item 3 Split Delivery fee (stop charge) $11000 ea NA

Item 4 Expedited Delivery $_9_2_5-----O_O__ea NA per truck plus listed product price

104500650TOTAL OnION 2

STANDARD REQUIREMENTS

I SAWS will evaluate optioos proposed to determine the best value for SAWS Award will be made to the overall lowest responsive bidder All items under options to be awarded together

It is anticipated that award of this contract will be made within 60 days following the date ofthe bid opening

3 Questions pertaining to bid procedures sball be directed to Ms Yvonne Torres CPSM CPM Purchasing Manager at (210) 233-3821 or e-mail at ytorressawsorC

4 All technical questions shall be directed to Mrs Floramie Welch at (210) 233-3744 or via e-mail to fwlechSawsorg Copy ofall questions shall be sent to Yvonne Torres

5 Questions are due in writing no later that 120 PM OD Friday Jouary 8 2amp10 Questions shall be sent to Yvonne Torres

6 Veodor must maintaiD and submit iDsuroee eertifieate as detailed in General Conditions Item 38

7 It shall be the responsibility ofthe vendor to unload and place the Fluorosilicic acid in the designated locatioos

Pencco Inc Name of Bidder (Company) (print or type) Signature of to Ilgn bidMon~~a Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMALINVITATlON BID (continued)

Page No 5 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

8 Successful vendor will receive an award letter upon selection Each delivery requested by SAWS will have a separate Purchase Order number

SPECIFICATIONS

1 Product shall be Fluorosilicic acid nominally 23 concentration shall be between (ll - 25) percent by weight in accordance with A WWA B703 latest revision and ANSlINSF60

2 A certified copy of the NSF 60 Certification ofthe product shall be submitted annually The vendors QCQA program shall be submitted for review by SAWS with the completed bid document A certificate of analysis shall be provided with each bulk load A preliminary Certificate of Analysis can be submitted with the delivery and a final certificate can be submitted within two days after the delivery to Velma Paniagua via facsimile at (210) 233-4151 or bye-mail at vpaniaguasawsorg

3 Please contact Floramie Welch at (210) 233 3744 for technical information concerning this contract and scheduling ofsite visits Delivery will be scheduled and coordinated by Velma Paniagua at (210) 233 3347 (vpaniaguasawsorg) or Al Delgado at (210) 233 - 3363 (adelgadosawsorg) or their designated representative Vendor must respond within 24 hours of receipt or order to same with delivery date Any delays in delivery must be communicated to individuals above

4 Vendor will be required to supply approximately (230000 gallons) annually of product in bulk tank loads FOB product usage varies with seasonal ambient temperatures and pumpage See attachment pumpage table at end of this document for the annual (estimated monthly quantities up to 125) by pump station

5 Deliveries shall be made within 5-7 calendar days including weekends and holidays after notification by authorized staff

6 All deliveries shall arrive at the designated SAWS facilities between the hours of7am - I lam SAWS normal hours ofoperation are from 7am to 330pm

7 Bulk tank load shipments of fluorosilicic acid must be delivered by truck equipped with a separate pressure system to unload into the bulk storage tanks on SAWS sites Each truck shall be equipped with sufficient length of hose and provide the necessary connecting fittings for their transport equipment to accommodate unloading facilities at the delivery site Each truck will be fitted with an air compressor or equivalent to empty product from the delivery hoses Additionally delivery trucks shall be equipped with a metering device to measure material loads by gallon Vendor shall document and provide metering start reading and each stop (name location) along with reading Information shall be provided upon completion of delivery to SAWS Vendors invoice shall also include information defined above for each delivery

8 Vendor will be responsible for unloading bulk tank load shipments at the primary pump station sites and refill ofonsite storage tanks at the secondary pump station sites A stop charge may be included as part of the bid in the delivery for split shipments to more than one location after stop at Verification Location and first delivery stop

Pencco Inc Signabn 01 peram __ to sign bidNome 01 BIdder (Company) (pOnt -1)

Monica Avila Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 6 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

9 There shall be no foreign materials evident in the delivered product associated with previously transported materials in the delivery tanker (ie oils other chemicals or other residues) The delivery transport company if separate from the chemical supplier will be responsible through the supplier for the cleanliness of the delivery tank vessel The transport company shall provide a certification ofcleanliness of the tank interior for every delivery regardless of size stating the tank was cleaned and free of foreign materials prior to loading of the Fluorosilicic acid The supervisor or his designated representative has the authority to reject material load if evidence of foreign material in the delivery tanker is present

10 Bidders are responsible for familiarizing themselves with the product unloading facilities and conditions at the pump stations Some sites bave limited access due to street andor site configuration This must be considered by the vendor to determine delivery quantity and truck capacity vehicle size and type to assUe access to pump station sites The vendor is responsible for determining the site delivery requirements to the appropriate delivery method whether large tanker small transport truck nurse tank 55-gallon drum or other approved method The vendor shall furnish certified weight tickets for each tank load delivery showing gross tare and net weights

II Vendor designate (driver or emergency response team) is responsible for spillage and clean up at the point of deliVery Driver or delivery personnel must be equipped with personal protective equipment (PPE) while loadingunloading material Contractors personnel and equipment shall be fully equipped and capable of performing all necessary delivery operations in a safe manner without assistance from SAWS or its employees Anytime work is to be performed near pumps or acid storage goggles face shield rubber gloves and an apron are the absolute minimum PPE to be worn If acid transfers are to be made a PVC raincoat should also he worn

12 All shipments must contain material safety data sheets (MSDS) and packing lists that include a proper description purchase order number unit cost and name of the person placing the order

13 Vendors shall include in their bid response descriptive literatlUe ofproduct being bid

14 Estimated Quantities No minimum or maximum quantities of fluorosilicic acid are guaranteed for the period ofthis contract Estimated quantities are noted in the attached pumpage table

15 The vendor shall provide three training sessions of 4 hours each on product safety and bandling prior to the first delivery of the product and annually thereafter for product safety training Vendor must submit Training Plan to cover product details manufacturing transportation and required PPE for safe bandling per OSHA requirements Safety training will be coordinated with SAWS Safety Department Velma Paniagua or Al Delgado of the SAWS Production Department will provide the SAWS Safety Department Point ofContact to the vendor prior to scheduling the training The Production Department will assist in coordinating the training between the vendor and SAWS Training Department

16 SAWS reserves the right to do quality assurance testing of the product on a periodic basis to verify the physical characteristics andor chemical content SAWS will also visually examine each load prior to

Pencco Inc

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 7 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

discharge from the vendors transport trucktrailer The vendor should allow for visual observations andor periodic physical testing to be done by SAWS Periodic physical testing may require up to one hour of additional time prior to unloading of product There will be NO demurrage charge for the one-hour time allowed for the physical testing Vendor must break the material seal collect the sample and hand it over to SAWS representative Under no circumstance will a SAWS employee be allowed to climb into truck and collect a sample

17 Notification The Contractor shall fax or e-mail the following information DO later thaD 200 pm the day prior to the scheduled delivery date to the SAWS representative ordering the shipment

Truck and tanker identification Drivers name and drivers license number Name ofcontract carrier if pre-authorized by SAWS Estimated arrival time and date Serial numbers of tanker trucks (ifapplicable)

middotSAWS shall provide a list ofcontact names and fax numbers after bid has been awarded

18 Delivery The delivery trucks wil first rqgtOrt to the Mission Service Center at 515 Mission Road for the chemical testing Periodic verification testing performed by SAWS or its agent will be in accordance with AWWA B703 After verification testing the truck will be dispatched to the delivery site and escorted at the site by maintenance personnel SAWS Points of Contacts are Velma Panaguai at (210) 233 3347 or AI Delgado at (210) 233 3363 for the site access and escort to various sites Delivery sites are listed below

Puml Stgtion Address AI Code 34 St 3939 Flagle 78237 Anderson 5025 W Loop 1604 N 78251 Artesia 703 At amp T Ctr Pkwy 78219 Basin 7110 Basin Drive 78216 Maltsberger 89] 0 Jones Maltsberger 78216 Marbach 7614 Marbach Rd 78227 Mission 605 E Theo 78210 Naco 13655 OConnor Rd 78233 Randolph 212 S WeidnerRd 78233 Wurzbach 6111 Wurzbach Rd 78238 Marlcet 106 W Maricet St 78205 Micron 7203 Micron Dr 78251 Winwood 28555 I lOWest 78257 Barbel 526 Pilgrim 78213 Brackenridge 13 amp 14 2300 Avenue B 78215

Pencco Inc Name of ~ (Comny) (print or type) Si9ngtOi-tosign bid

Monica Avila Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVIT AnON BID (continued)

Page No 8 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

Pamg Station Addness Zip Code Gateway 1 amp2 6615 RustJeaf 78242 Klaus 2660 Eisenhauer 78209 Lackland 6 amp 6A 8219 Five Palms 78242 LomaLinda 5218 Lorna Linda Dr 78201 Northwood 2319 Kenilworth 78209 Pipers Meadow 7721 Joe Newton 78251 Seale 254 SealeRd 78219 Sunshine 1929 S1 Cloud 78228 Sutton 942 Sutton Dr 78228 Turtle Creek 2 8523 Data Point 78229 Turtle Creek 3 8815 Data Point 78229 Walzem 127 Newport 78218 Woodlake 6663 FM 78 78244 Oliver Ranch 26293 US Hwy 281 N 78258

Damages Contractor shall be responsible for furnishing all required and applicable leak spill repair clean up equipment and kits for all vehicles making deliveries to SAWS facilities Contractor shall be liable for cleanup and lor repairs ofany damaged facility equipment by spillage or during chemical delivery caused by negligence or faulty equipment

Pencco Inc _afBl_(C_y) (pllnlortype) ~mca ~Bra Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 9 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

GENERAL CONDITIONS

1 This bid contains General Conditions and Specifications as well as in some areas other specific required information and material It is the bidders responsibility to be completely familiar with any and all requirements Failure to do so may result in bid being declared non-responsive

2 Any manufilcturer brand and model numbers used in these specifications are for the purpose of describing and establishing minimum requirements or level of quality standard of performance and design required and in no way intended to prohibit the bidding of other rnanufilcturers items ofequal specifications

3 The section headings or paragraph captions contained herein are for convenience of reference only and not intended to define extend or limit any provisions of this contract

4 Prices must be quoted FOB SAWS receiving agency San Antonio Texas Upon award of a contract the supplier is obligated to deliver the goods to the required destination and bears the risk of loss until delivery

5 Bids may not be conditioned on minimum deliveries The quantities shown are estimates only and are in no way binding upon SAWS Estimated quantities will be used for the purpose of evaluation SAWS may increase or decrease quantities as needed

6 Freight will be paid only when SAWS has made a request for expedited delivery

7 It will be the bidders responsibility to be completely familiar with all specifications prior to submitting bid No extra payment for the work specified will be considered Bidder must include all costs related to this bid in their unit price

8 Bidder by submitting a quote acknowledges that they have read and fully understand all requirements and take no exceptions

9 Bidder by submitting a bid hereby agrees that all SAWS requirements contained in this bid document take priority over any attached brochures literature company stated warranties andor requirements unless specifically spelled out in a separate letter titled Bid Exceptions

10 Please fill in prices make one copy for your file and submit all pages of the original bid form The Bidder shall furnish all information required by the bid fann The Bidder shall print or type hislher name and manually sign the schedule and each continuation sheet (Delete item 2a of Terms and Conditions of Invitation for Bid) Copies aDd fued bids willoot be accepted Bids can be downloaded from SAWS website at wwwwawsorg

11 Bid shall be enclosed in a sealed envelope addressed to the Purchasing Division in accordance with instructions contained herein with the name and address of bidder date and hour of bid opening and title of the bid solicitation placed on the outside of the envelope No Bids should be returned by the bid opening date with No Bid indicated on the envelope in addition to the bid number and bid opening date SAWS assumes no responsibility for bids not processed due to the fililure of the bidder to identify the envelope as a bid response

Pencco Inc Name af Bidder (Company) (print or type)

AV11aSigure af persqn authorized IIgt Sign bid

Mon1ca Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 10 No Pages 21

Item Estimated Unit Total No-__Quanti~ty~__________---Descrciption Price Amount

12 If bidder obtains bid specifications via Internet the bid must be submitted in hard copy according to the instructions contained in this bid If in its bid response bidder makes any changes whatsoever to SAWS bid specifications SAWS bid specifications as published shall controL Furthermore ifan alternation ofany kind to SAWS published bid specifications is only discovered after the contract is executed and is or is not being performed the contract is subject to immediate cancellation

13 Bidders facilities and equipment can be a determining factor in making the bid award All bidders wiD be subject to inspection of their facilities and equipment

14 All subject price lists should be submitted with this bid and shall become a part hereof However if in the opinion of the SAWS Purchasing Agent it is impractical for bidder to include published price lists as part of this bid and to furnish any price lists andor written changes as required herein bidder shall permit the Purchasing Agent or hislher authorized representatives to inspect the pertinent published price lists andor written changes in the office of the bidder or at any other location approved by the Purchasing Agent

15 By submittal of this bid bidder certifies to the best of their knowledge that all information is true and correct

16 A bid that has been opened may not be changed for the purpose ofcorrecting an error in the bid unit price

17 Bidder must submit Material Safety Data Sheets with the bid for any hazardous chemical quoted or supplied under this quote

18 SAWS will not be liable for any costs incurred by a bidder in responding to the bid request

19 Damaged goods or goods received due to error by supplier will be returned and supplier will pay freight

20 If not aliqle purchase tile qlUllltlties SboWD are estimates ollly aad are iD DO way biDdiDg DpoD SAWS Estimated quantities will be DIed tbr tile purpose of evlluation SAWS may iDcrease or decrease quantities U Deeded

21 When supplier cannot abide by terms and conditions in fulfilling the contract supplier must furnish service or goods from other sources at the contract price If supplier delays in the above SAWS reserves the right to purchase on the open market and charge supplier the difference between contract price and the purchase price

22 Bidder warrants that all deliveries under this bid will be of the type and quality herein specified SAWS may reject or refuse any delivery which falls below the quality required in the specif1C8tions and SAWS shall not be held to have accepted any delivery until after it has made an inspection of same and has had an opportunity to exercise this right of rejection

23 Bidder shall be responsible for alI charges which relate to the delivery of the goods to SAWS place ofbusiness and for the return to bidder of any goods fliected as being non-conforming under the specifications

Pencco Inc SignaIunt ~_10lion bid

Monica Avila Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONO TEXAS

FORMAL INVITATION BID (continued)

Page No 11 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

24 SAWS is the final judge ofproduct acceptability for items quoted on this bid

25 SAWS Specifications and Terms and Conditions provided with this bid document will prevail in the event of conflict with bidders

26 SAWS reserves the right to cancel this contract witb a 30 day written notice without cause

27 Termination-Breach Should vendor fail to fulfill in a timely and proper manner as determined solely by the Purchasing Director its obligations under this contract or violate any ofthe terms ofthis contract SAWS shall have tbe right to immediately terminate the contract Notice of termination shall be provided in writing to the vendor effective upon the date set forth in the notice Such termination shall not relieve the vendor of any liability to SAWS for damages snstained by virtue ofany breacb by the vendor

28 No oral statement of any person shall modify or otherwise change or affect the terms conditions or specifications stated in the resulting contract The SAWS Purchasing Division will make all change orders in writing

29 The successful bidder shall not sell assign transfer or convey this contract in whole or in part without the prior written consent of the Purchasing Division

30 The obligations of the parties hereto are performed in Bexar County Texas and if legal action is necessary to enforce same exclusive venue shall be within Bexar County Texas

31 Contractor shall defend indemnify and bold hannless SAWS from and against any liability loss cost and expense of whatsoever nature including those related to death bodily injury sickness disease andlor loss or destruction of property (including reasonable attorneys fees and costs of defense) resulting from Contractors performance of the services to the extent that such losses arise out of andor are attributed to the sole or concurrent negligence errors or omissions or strict liability of Contractor its employees Subcontractors agents or their respective employees Where liability is attributable to the joint negligence or fault ofContractor and SAWS Contractors duty of indemnification shall be limited to Contractors (and Contractors agents Subcontractors or employees) allocable share ofjoint negligence or fault

This indemnity shall be broadly construed to apply to all liability attributed to the concurrent and sole negligence ofcontractor and shall survive termination of this agreement

32 The goods or services furnished under this contract shall be covered by tbe most favorable commercial warranties given to any customer for same or similar supplies or services The implied warranties and remedies of the Universal Commercial Code are included in this procurement and shall apply to the issued purchase ordercontract

33 Prospective bidders must prove beyond any doubt to the SAWS Purchaaing Agent that they are duly qualified capable bondable etc to fulfill and abide by the specifications herein listed

Pencco Inc 5qIaItnt of ___10 sign bid

HameofB_(~) (pnntOitype)

Monica Avila Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 12 No Pages 21

Item Estimated Unit Total _N--o___O--u--a--ntity-___________Description Price Amount

34 Right to Audit (lump sum contracts) SAWS or its designated agent shall have the right to audit at any time the Contract related records and associated documents of the Contractor and Subcontractor Such right to audit shall be for the determination of the accuracy and validity of the Contractors and Subcontractors billing to SAWS and for verifying compliance with other terms and conditions of the Contract

35 Contractor and Subcontractor shall maintain aU records required to be kept by law rule or regulation or records required to document performance of the services specified in the contract documents The records shall be maintained for the period required by law for a reasonable period in the absence of the applicable law or for two (2) yesrs after completion ofall services whichever is greater Contractor shall provide to SAWS copies of such records as provided in the contract documents or as reasonably requested by SAWS after performance of the service

36 It is expressly understood and agreed by both parties hereto that SAWS is contracting with the successful bidder as an independent contractor The parties hereto understand and agree that SAWS shall not be liable for any claims which may be asserted by any third party occurring in connection with the services to be performed by the successful bidder under this contract and that the successful bidder has no authority to bind SAWS

37 The successful bidder agnes to indemnifY and hold SAWS harmless from any claim involving patent infringement or copyrights on goods supplied

38 If insurance is required the minimum insurance to be maintained shaU he in accordance with SAWS Standard IDsIUIUICe Spedtkations Bidder should submit a draft Insurance Certificate with Bid The successful bidder shall furnish a completed Certificate of Insuraoce which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage limits and terminstion provisions shown thereon Successful bidder will be required to maintain at all times during performance of the contract the insurance detailed in this bid document

Certificate of Insurance shall be filed with the System no later than 5 days after notification ofpending award of contract and before starting any work Certificates should he mailed to the Purchasing Division San Antonio Water System P O Box 2449 San Antonio Texas 78298-2449 CONTRACfORs CertHkate shan refereDce the SAWS bid Dumber at time ofsDbmittaL

39 The successful bidder shall mail invoices to the SAWS Accounts Payable Section P O Box 2449 San Antonio Texas 78298-2449 Invoices for payments and correspondence for this contract must reference the SAWS purchase order number

40 No officer or employee of SAWS shall have a financial interest direct or indirect in any contract with SAWS or shall benefit financially directly or indirectly in the sale to SAWS of any materials supplies or services except on behalf of SAWS as an officer or employee In this instance a SAWS employee is defined as any employee ofSAWS who is required to file a financial involvement report pursuant to the Citys ethics ordiuance

41 Any successful supplier required to perform any type of construction or service related work at SAWS location as a result ofthis bid or proposal must comply with all requirements shown in SAWS Health and Safety Program

Pencco Inc Name a( Bidder (CIlnIpanyI (print 0lt type) SIgnmint a( person auI1oIized lo sign bid

Monica Avila Bid Sec

SAN ANTOMO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 13 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

and Security Procedure No 2-11 Copies can be obtained from the SAWS Safety Officer at (210) 233-3616 Failure to comply with this requirement shall deem project in non-compliance and may result in immediate termination with cause

42 Suppliers employees performing work or making deliveries on SAWS property other than for a one-time drop shipment will be required to provide their employees with a photo identification badge that includes the company name no exception

43 Bid exceptions will be cause for rejection ofany bid at the sole discretion of the Purchasing Director

44 SAWS reserves the right to award this bid to more than one supplier

45 Award ofall bids and RFPs will be based on Best Value as determined by SAWS

46 In the event the San Antonio Water System Board does not appropriate tuuds for continuation of this contract for any fiscal year after the first fiscal year and it has no funds to continue this contract from other sources SAWS shall be released from its obligations under this contract

47 If a third party is used to ship mercbandise the shipping documents MUST include all SAWS Purchase Order Numbers

Pencco Inc SignaIuIe _IW_ 0 ~n bid

Monica AV11a Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVfTATlON BID (continued)

Page No 14 No Pages 21

Item Estimated Unit Total No Quantity Desaiption Price Amount

Security Requirements

Contractor shall ensure a Prime Contractor Data Form (PCDF) and a Background Saeening Letter (provided by SAWS Security) is properly completed fopound all employees performing work under this Agncment and on file with the SAWS Security Office prior to work commencement Subcontractors perfurming wort must be listed on the PCDF Contractor shan be responsible for the accuracy of information on the PCDF and fOr obtaining any and all required items (badges and parking tags) necessary to fulfilling the work under this Agreement The PCDF must be sent electronically to SCluritywoup(llIIwsorg Contractor shall advise the SAWS Project Manager of any employee terminations or changes to personnel perfurming work under this Agreement and Contractor sball immediately turn in any and all badges andor parking tags of employees who are terminated or no longer perfOrming work under this Agncment If there are any changes in the infOrmation contained in the PCDF or the Background Screening Letters Contractor shall immediately notifY the SAWS Project Manager and provide updated PCDF and Background Screening Letters with copies to securitygroup[iSllwsorg

Contractor and its employees and agents shall obtain a SAWS photo identification badge (Contractors Badge) and parking tag if necessary prior to any work on SAWS property which shall be used only fopound plllJlO5CS necessary to perfurm the work under this Agreement SAWS Badge Office bours are Monday and Friday 100 pm to 500 pm (hours are subject to change) Security Staff can be contacted at (210) 233-3760 or (210) 233-3616 A replacement fee shan be charged to replace any lost or damaged badges or parking tags As a condition of final payment Contractor shall return all badges and parking tags to the Security 0 ffice In the event Contractor fails to return all security badges and parking tags in addition to any other rights or remedies to which SAWS may be entitled at law or in equity SAWS may withhold from payment to the Contractor the sum ofS50000 dollars per badge or parking tag as liquidated damages Contractor agrees that the actual amount of damages fOr failore to return the badges andor parking tags are difficult to determine and the liquidated damages herein are not a penalty but are a reasonable estimate of the costs and expenses that may be incurred by SAWS for failure to return the badges or parking tags

Certain designated SAWS facilities Oist with SAWS Security) require a SAWS employee to physically escort Contractor at all times SAWS may in its sole discretion waive the escort requirements if the PCDF and a clean Background Screening Letter signed by an authcrized representative ofContractor are approved by SAWS Security

Subcontractors must always be under escort of the Contractor while perfOrming wort on any SAWS designated primary facility (list with SAWS Security) Subcontractors must display either a company photo badge with name or a valid driven license at all times while working on any SAWS property Contractor is solely responsible for the actions of its employees agents contractors and subcontractors

Due to changing security environments Contractor MUST be prepared fOr additional security requirements at its expense including background checks AiJy person fuund to have an unacceptable background check (as determined by SAWS review of submitted paperwork or other infurmation provided to or obtained by SAWS) will not be allowed to pertbrm work under this Agreement or on SAWS facilities Notwithatanding anything herein to the contrary any provisions in these Security Procedures that may appear to give SAWS the right to direct Contractor as to details ofdoing any work under this Agreement or to exercise a measure of control over any security measures or such work shall be deemed to mean that Contractor shall fullow the desires of SAWS in the resatD ofthe work or security measures only

Advance coordination by Contractor with SAWS Security office for these security requirements is necessary to ensure no delays with timely perfurmance of the work In the event Contractor fails to comply with SAWS Security requirements SAWS may with no penalty or claim against SAWS issue a Work Stoppage Order until the security violation (s) are remedied

PenCCD Inc Name ofBidder (~) (print or type) SiaoIIure at r$OIIJMh~ to IiIII bict

-MDn~ca Av~~a H10 Sec

~--------

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

____________F_O_RMAL_~IIMTAnON BID (continued)

Page No 15 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

IMPORTANT MAILING INSTRUCTIONS

Mark Envelope

DID NAME FLUOROSILICIC ACID

DID No 10-2088

OPENING DATE JANUARY 192010 TIME 900 AM

MAIL TO DELIVER TO

Purchasing Division Purchasing Division San Antonio Water System San Antonio Water System P O Box 2449 2800 US Hwy 281 North San Antonio Texas 78298-2449 San Antonio Texas 78212

NOTE It is the bidders responsibility to ensure that bids are received in the prescribed manner by the stated date and hour ofthe bid opening

-------------------------------------------Pencco Inc

SIIn8IIn of iIUtII_ IIgt sign bid Monica Avila Bid Sec

___

170f21

81___d _ __ tl-__1 GEJIIERAL COMDnIOMS

(a) _____ -__

~ Bktder mIIIIe ~neceuytoirlOrmhiml tharouCINtn GllhetyOl ______~lSreqJredbrtt1bid~ NopllnOfiQnOr~bwtha~of

CiCIfldIonI th or hIreIbr_ra Of (W CIIMMn on PI __ blddIw to III t-=-~~ and irwaIgiIOnIto k ewIfy deIIIl the f1II1Wlmentl Of the ccnr1lCl _ _ __ _ __W__(_S) _ CltnrtltIor

~CI aMrd d IMt conIrICt SAWS IhtI hMoe rtght to CiInCIId oniIrs upon 01 ConIJ-=- to dIIIiyenIty n in 1WGPQUf SAWS SfIM 8110 h8we ~ rigtIt to 0Idet naeriilh ~ COIJ1IIIRIbIedelSilnandqu8ltyittequtltDa~itIIClIdIIdkardIno~frclMiWIy~~nIlOchCotII forcIfknnce~ofmateriamp~

2 PREPARATION Of lIDS 81C11 be tftPIAdlftllCClOfdne ~ () TheBiddlt fumtsh 81 1nreIohdbythe tidbm TtIe bidder pitfor typIthlSfInd 1NIIIoII~tndal~1I ShIM Gnwbkttentry 1$ madre (b lNprioes betLflaiMt -rar_nIiortCII UIilprice ~

(e)(d) Where____ ~cfbull ______ and l1li kWIIIIIaft tor bid IIIppnMIcf ~ hie br~ nat so cleItoIIJIIMtd yenIIiJI rQ be ~~-_ unfeU autuiud in wi1in by U connctinDafIIJcwIlhIn ttwtt- JIiot apeMIJ

(e) 8ktders lrdincUtlildlnl_inllld tinceSAWSIltomPllVlltGf A_~~wbeUnlshed~

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4 QUAIITfTItS 81cfid1rs laquo~~CUtng ~IIIIIffOd nclCIIIcutMItt ~ poIIyOlSAWShoMverbullbull OI~blqInoaldCCJhdlng1O tS1IItbin Oftclull~CI~_ OI IIICII1tlfIIch~wtd aan-certlln __ CIIiIIulIJIedDft dlUllliBafa~ ehttlTight~ ~ccntractperiDd_S tlIMglUCt-PWiOCtSAWStnl~dIO_ ~any(JthelllmlarfMYdIIIIte or__ _the tIld~cr~ __ Undlrlivdl cannel_ _ __ __ __ __-

tudI~pIQpOHId on bISAWS~righltobld~inSAWfr~middot bull An~bkIdIIMd_cnWllhkhilimcrtlof tidillt ~ IIIsI then bull h ITWlel ptce or tIkIderI COlt _ aID n- tiddlllr GIll OWIQII tid but crI bull ~ alae-r SAWS resene riOM to8 ita ~RtctfliUi(jtbkI~ 1f1fldl twd ~SAWS 1heCOf1htt $AW$retii8fWSto~ar aud1i1enwfnlm~tobe~ orWCllk II) be

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__(b) __hllNOfmaeialar_ tidon- CtSAWS0IAIidt_ tel ~IIIUIt alJbMllledwltNntlll_~ ftO tI)SAWS IfnolOyenedorused dIrinQ ber~upanbullbulltidOInaplfllbull ___OIII11OD11CAllOH Of 81)8

BtrtlbeIme fOr bltdtlJlWllt9the ~Of~OfIctit ~ JftDiIIIMf~rWIII1ce~lUChlllGle8 reeehoedpiorlO IImt_dIiWI Ntfar tido~ oe-wu andmodlcltanalaquo ~ receMdfm1 _tor tfdopllllllrG tJensmedunopene4

1 DIIICOlJNTS () PfIynwtt cb~ wI1 be rcnkIIrMin ng d~1Dd of dlCOILIt cPftnd 1amp StftciIRto paymenllIIIhI aUCh period in CGIntI dtluslness The I1IIIUe of ~~

8IsGbII~IC1 (b) canon Mh any ~t1IIWbull be ~flaquom ell ~ Of IampCIPIes orJehlCe laquohrfn carrea1IWCice Isrtclliilled ~ dille ~iI dttmedtobe INIdI

on1he date 01 nIIng of the cfIeeIL SElLERS 11_() __ ___ __ ___5-__- _O Nobull __ _ _

(b) lWaicallil natmdyCI-n_receiipof~orlrMJiCel~ --------EXf_ Of _AI CONTRACT SAWS rwetMI ftamp ~ flO ~ 1fIIIIPIOIII to -nd _ tonncI ___ en pettod Of men taII ON arIUtItKt alfN tems eondions bull enunwraled lit me tern and CCtIdIIona cI~tor bt amt a price f1lpriCa noIto 1IIC88d_~

10 AyenfARD OF CCraquofTRACTr) The Connctthe bIdIiIr tJld~tothe ~_bIdl1I naI toSAWS b BIdders -dngOl~ablcfis~cI andDty~ The clwd1~(1) _ __-_

(2) _SAWS-_____ _ __

(l) __in SAWlr)ldleftWlt lOwbddlJr is noI SAWS to -d he ccnnrtto the 6iddIra ltil nattbe fJlSAWS~ton-d~ on riI in bi Oller ctffIrwtCaamplnbMkPlCa tlfleit8fn SAWSreurves tWUtotUe~ tdln_Nyenift ~cfSAWS to ~fcIIIowI

(1) 1IojIIcI(2) ___ _ _

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17of21

SAWS STANDARD INSURANCE SPECIFICATIONS (Specifications)

I Commencing on the date of this Contract the Contractor shall at his own expense purchase maintain and keep in force such insurance as will protect him and the San Antonio Water System (SAWS) and the City of San Antonio (the City) and their employees and agents from claims which may arise out of or result from his operations under this Contract whether such operations are by himself by any sub-contractor supplier or by anyone directly or indirectly employed by any of them or by anyone fur whose acts any of them may be liable including without limitation the following

a Worken CompensatioD (WC) insurance that will protect the Contractor SAWS and the City from claims under statutory Workers Compensation laws disability laws or such other employee benefit laws and that will fulfill the requirements of the jurisdiction in which the work is to be pertbrmed

This insurance shall be endorsed to provide a Waiver of SubrogatioD in favor of SAWS and the City with respect to both this insurance coverage and the Employen Liability (EL) insurance (as specified immediately below in section lb)

b Employen Liability (EL) insurance (Coverage B under standard Workers Compensation policy) that will protect the Contractor SAWS and the City fur damages because of bodily injury sickness disease of vendors employees apart from that imposed by Workers Compensation laws The employers liability insurance shall have minimum limits ofliability ofnot less than

$ 100000000 Bodily Injury by Accident 100000000 Bodily Injury by Disease - Each Employee 100000000 Bodily Injury by Disease - Policy Limit

c Commerdal General Liability (CGL) insurance that will protect the Contractor SAWS and the City from claims fur damages because of bodily injury personal injury sickness disease or death and insurance that wilt protect the Contractor SAWS and the City from claims fur damages to or destruction of tangible property ofothers including loss ofuse thereof

This coverage shall

bull Cover independent contractors

bull Not include any exclusions relating to blasting explosion collapse ofbuildings or damage to underground property where applicable

bull Afford coverage fur Products Liabilityandor Completed Operations and Contractual Liability

The minimum limits ofliability fur this coverage shall be

$ 100000000 Occurrence Limit 200000000 General Aggregate

180f21

100000000 ProductsCompleted Operations Aggregate 100000000 Personal and Advertising Injury

5000000 Fire Legal Liability 100000000 Contractual Liability

This insurance shall be endorsed

bull Naming SAWS and the City as an Additionallosured and

bull To provide a Waiver of Subrogation in favor ofSAWS and the City

d Comprehensive Automobile Liability (AL) insurance that will protect the Contractor SAWS and the City from claims for damages arising out ofthe maintenance operation or use of any owned non-owned or hired vehicles Minimum limits of liability for bodily injury and property damage combined shall be not less than $100000000 per each occurrence

This insurance shall be endorsed

bull Naming SAWS and the City as an Additional Insured and

bull To provide a Waiver of Subrogation in favor ofSA WS and the City

e Umbrella LiabiUty (UL) insurance in the amount ofS200000000 This policy shall be ofan Occurrence type and the limit of liability shall be concurrent with (following form) and in excess of the EL CGL and AL insurance coverage as descnbed in paragraphs lb lc and Id above

f Contractors Pollution Liability Insuraoce with limits of $1000000 per occurrencelS2000000 in the aggregate The policy shall provide claims made coverage for all claims liabilities damages costs fees and expenses of any kind or character arising out ofany Pollution Condition(s) (as defined below) that js in any way related to CONTRACTORs operations actions or inactions and completed operations associated with any work performed by Contractor its subcontractors or any of their respective employees agents representatives or officers under this Contract Coverage must be maintained for a minimum of twenty-four (24) months after the end of the Contract term or ifthe Contract js terminated fOr any reason fOr a minimum oftwentyshyfour (24) months fOllowing the date of termination The policy retroactive date will be no later than the Contract start date

Pollution Condition(s) means the djscharge dispersal release or escape of any solid liquid gaseous or thermal irritant or contaminant including but not limited to smoke sewage vaplrs soot fumes acids alkalis toxic chemicals medical waste and waste materials into or upon land the atmosphere or any watercourse or body of water including groundwater provided such conditions are not naturally present in the environment in the amounts or concentrations discovered

The Contradors Pollution Liability losurance will pay on behalf of the CONTRACTOR SAWS and the City of San Antonio all claims demands damages liabilities costs fees and expenses of any kind or character fOr bodily injury or death

190f21

property damage environmental or natural resource damage and any fines fees assessments or penalties of any kind assessed by any governmental department agency or commission that resuh from or are related to a Pollution Condition(s) Coverage will include all subcontractors hired by CONTRACIOR to perform any work under this Contract

The policy shall also include the fullowing provisions

I) Coverage fur bodily injury to include physical injury sickness disease mental anguish and emotional distress sustained by any person including death

2) All costs that are related to or that arise out of or from the investigation or adjustment of any claim or in connection with any court arbitration mediation state administrative hearing or other proceeding ofany kind including attorneys fees expert witness fees costs charges and expenses of any kind or character that arise out ofor that are related to a Pollution Condition(s)

3) Coverage shall be Primary and in addition to any other valid and collectible insurance carried by SAWS and the City of San Antonio as respects to this Contract

4) Coverage fur Natural Resource Damages and any fines fees penalties or assessments by any governmental agency commission or department related to any Pollution Condition(s)

5) Insured versus Insured exclusion if fuund in the policy shall not apply to a claim by an Insured who qualifies as a Client of the Named Insured under the policy

6) IfNon-Owned Disposal sites are used for disposal ofwastes these sites shall be specifically included under the Contractors Pollution Liability Insurance policy and

7) Coverage for punitive exemplary and multiple damages

Automobile Liability policy ofCONTRACIOR halliing QlJy quantityof fluorosilicic acid shall either be endorsed to provide coverage under the TE9948 endorsement or the Contractors Pollution Liability Insurance policy shall be endorsed to provide transportation coverage beyond the boundaries ofthe testing andor delivery site(s)

2 Contractor shall require Sub-contractors to carry insurance coverage appropriate to their scope ofWork

3 Contractor shall furnish a completed Certificate ofInsurance which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage limits and termination provisions shown thereon

4 The insurance that is required under these Specifications shall be written so that SAWS and the City will be notified in writing in the event of cancellation restrictive endorsement or nonshyrenewal at least thirty (30) days prior to such action

200[21

5 Certificates of Insurance shall be filed with the System 10 days prior to the SAWS Board of Trustees award of the Contract The SAWS Contract namelBid number shaD be included in the Description of Operations section located in the bottom half of the standard ACORD Certificate furms

Certificates shall be mailed to SAWS directly to

San Antonio Water System Attention PurchBSbtg Division P O Box 2449 San Antonio TeDs 78198-1449

Contractor shall be responsible fur obtaining Certificates of IDsunnce from the first tier Subshycontractor and upon request furnish copies to SAWS

6 Separate Certificates of Insurance shall be filed with the City ofSan Antonio] 0 days prior to the SAWS Board of Trustees award of the Contract The SAWS Contract namelBid number shaD be included in the Description of Operations section located in the bottom half of the standard ACORD Certificate furms

Certificates shall be mailed to the City ofSan Antonio directly to

City ofSan Antonio Attention Risk Management PO Box 39966 San Antonio TX 78283-3966

A copy of the certificate of insurance provided to the City of San Antonio shall be provided to SAWS at the same time

7 Contractor is responsible for all deductibles under all ofthe insurance policies reqilired by these Specifications

8 The stated limits of insurance required by these Specifications are MINIMUM ONLY and it shall be the Contractors responsibility to determine what limits are adequate and the length of time this coverage shall be maintained the insurance limits are not a limit of the Contractors liability

These minimum limits may be basic policy limits or any combination of basic limits and umbrella limits SAWS acceptance of Certificates of Insurance that in any respect do not comply with these Specifications does not release the Contractor from compliance herewith

9 Contractor agrees that an insurance policies required bYthese Specifications shall be with insurance companies firms or entities that have an AM Best rating of A- (A- minus) and a Financial Size Category rating of a VII or better All insurance policies shall be of an Occurrence type except the Contractors Pollution Liability line ofcoverage

210f21

10 SURVIVAL

Any and all representations conditions and warranties made by Contractor under this Contract including without limitation the provisions ofSection lb ie and Id ofthese Insurance Specifications are ofthe essence ofthis Contract and shall survive the execution and delivery of it and all stalernents contained in any document required by SAWS whether delivered at the time ofthe execution or al a later dale shall constitute representations and warranties hereunder

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PENCCO INC Pioneer Engineering Chemical Company

AFFIDAVIT OF COMPLIANCE

This is to certify that the Hydrofluorosilicic Acid supplied by our company meets A WWA Standard B703-00 or the latest revision and is certified to NSFANSI Standard NSF-60

Signature shy

R L Home President

Name and Title ofOfficial

142010

Date

PO BOX 600 bull SAN FELIPE TX 11473

PHONE 919-885-0005 bull 800-864-174~ bull FAX 979-885-3208

INPOPENCCOCON

NSF Certified Products - Public Water Supply Treatment Chemicals Page lof2

NSF

NSF Product and Service Listings

These Listings were Last Updated on Thursday Janulry 14 Z010 at 415 AM Eastern Time Please contact NSF International to confirm the status ofany Listing report errors or make suggestions

Wami NSF is COIIccncd abot fradu 1 d-loIIdilll d iplaUolI ofwcbsik tOIl Ifyou havo relaquorod Ihis listiar in lIrd copy ys rorafirm tllis ccrtlflcatleDilistlac Infonnlion lIy COilli diretlly to hHnllmywnrforclCertlfOCllP1Ch_ibullbullblListilAlpfCOIIIQlnyNme-peDccoamp for tho latest most eatntl ifonnatlon

NSFANSI STANDARD 60 Drinking Water Treatment Chemicalsmiddot Health Effects

----------~-----~

PENCCO INC PO BOX 600 SAN FELIPE TX 77473 800-864-1742 979-885-0005

Facility DISTRIBUTION CENTER - RICHMOND CA

Hydrofluosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid

Product Function Fluoridation Fluoridation

Max Use 6mgIL 6mgIL

Hydrofluosilicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - SOUTH GATE CA

HydrofluosUicir Acid Trade Designation Product FlUlCtion Max Use Fluorosilicic Acid Fluoridation 6mgIL Fluosilicic Acid Fluoridation 6mgIL Hydrofluosiiicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - WILLOW SPRINGS IL

Hydroftuosllicir Arid Trade Designation Product Fll1ICtion Max Use Fluorosilicic Acid Fluoridation 6mgIL F1uosilicic Acid Fluoridation 6mgIL Hydrofluosilicic Acid Fluoridation 6mgIL

httpwwwnsforglCertifiedlPwsChemicalslListingsaspCompanyName=pencooampTrade111412010

NSF Certified Products - Public Water Supply Treatment Chemicals Page 20f2

Facility D1STRI BUTION CENTER - BALTIMORE MD

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Facility DISTRIBUTION CENTER

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Product Function Fluoridation Fluoridation Fluoridation

SEALY TX

Product Function Fluoridation Fluoridation Fluoridation

Facility DISTRIBUTION CENTER - WAXAHACHIE TX

Hydrofluosilicic Acid Trade Designation FLUOROSILICIC ACID FLUOSJLlCJC ACID HYDROFLUOROSILlCJC ACID HYDROFLUOSILICIC ACID

Product Function Fluoridation Fluoridation Fluoridation Fluoridation

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL 6mgIL

Number ofmBlching Muufactun1ll is 1 Number ofmalching Products is 19 Processing time was 0 seconds

bull Search Listings bull NewsRoom I bull AboutNSF I bull ampnm I bull NSF Marl I bull Client Log-In

bull Privacy Poliey bull SiteMap I bull Reguest Info I bull Contact Us I bull Copyright C 2004 NSF International

httpwwwnsforglCertifiedlPwsChemicalslListingsaspCompanyName=penccoampTrade114120 10

PENCCO INC Pioneer Engineering Chemical Company

HydrofluorosiIicic Acid Bid QAlQC Info

Pencco meets AWWA Standards and is NSF Certified

Hydrofluorosilicic acid also known as HFS or FSA is a transparent colorless (water white to straw yellow) aqueous solution that is used in a variety of applications including the major end-use water treatment for fluoridation FSA is produced during the concentration of phosphoric acid in an evaporation process unique to the phosphate industry The vapor stream from the phosphoric acid reaction is scrubbed with water to form FSA from the naturally-occurring silica acid The final product is collected stored and tested prior to release for shipment Potential danger of contamination is minimized through compliance with NSF 60 NSF 60 typically checks sourlt)e product and any subsequent transfer before unloading into customer tanks

infopenccoCGm PO Bo 600 S Felipe Tens 77473-0600 9791885-0005 FAX 979f88S310ll

Refer FL-J43 September 2000

THE MANUFACTURE OF THE FLUORIDE CHEMICALS

All ofthe fluoride chemicals used in the US for water fluoridation sodium fluoride sodium fluorosilicate and fluorosilicic acid are useful byproducts of the phosphate fertilizer industry The manufacturing process produces two byproducts (I) a solid calcium sulfate (sheetrock CaS04) and (2) the gases hydrofluoric acid (HF) and silicon tetrafluoride (SiF4) A simplified explanation of the manufacturing process follows Apatite rock a calcium mineral found in central Florida is ground up and treated with sulfuric acid producing phosphoric acid and the two byproducts calcium sulfate and the two gas emissions These gases are captured by product recovery units (scrubbers) and condensed into 23 fluorosilicic acid Sodium fluoride and sodium fluorosilicate are made from this acid

The question of toxicity purity and risk to humans from the addition of fluoride chemicals to the drinking water sometimes arises Almost all of the over 40 water treatment chemicals that may be used at the water plant are toxic to humans in their concentrated form eg chlorine gas and the fluoride chemicals are no exception Added to the drinking water in very small amounts the fluoride chemicals dissociate virtually J 00 into their various components (ions) and are very stable safe and non-toxic

Opponents of water fluoridation have argued that the silicofluorides do not completely dissociate under conditions ofnormal water treatment and thus may cause health problems To counter these claims the basic chemistry of this dissociation has been carefully reviewed Scientists at the US Environmental Protection Agency (EPA) and CDC epidemiologists have examined the research that opponents of water fluoridation cite Both groups have concluded that these charges are not credible

The claim is sometimes made that no health studies exist on the silicofluoride chemicals used in water fluoridation That is correct We the scientific community do not study health effects of concentrated chemicals as put into water we study the health effects ofthe treated water Le what those chemicals become fluoride ion silicates and the hydrogen ion The health effects of fluoride have been analyzed by literally thousands of studies over SO years and have been found to be safe and effective in reducing tooth decay The EPA has not set any Maximum Contaminant Level (MCL) for the silicates as there is no known health concerns for them at the low concentrations found in drinking water Of course the measurement ofthe pH of the water determines the concentration of the hydrogen ion

Concern has been raised about the impurities in the fluoride chemicals The American Water Works Association (A WWA) a well-respected water supply industry association sets standards for all chemicals used in the water treatment plant including fluoride chemicals The A WWA standards are ANSJJ A WWA B701-99 (sodium fluoride) ANSJJ A WWA B702-99 (sodium

fluorosilicate) and ANSIIAWWA B703-00 (fluorosilicic acid) The National Sanitation Foundation (NSF) also sets standards and does product certification for products used in the water industry including fluoride chemicals ANSINSF Standard 60 sets standards for purity and provides testing and certification for the fluoride chemicals Standard 60 was developed by NSF and a consortium of associations including the A WWA and the American National Standards Institute (ANSI) This standard provides for product quality and safety assurance to prevent the addition of harmful levels of contaminants from water treatment chemicals More than 40 states have laws or regulations requiring product compliance with Standard 60 NSF tests the fluoride chemicals for the II regulated metal compounds that have an EPA MCL In order for a product [for example fluorosilicic acid] to meet certification standards regulated metal contaminants must be present at the tap [in the home] at a concentration ofless than ten percent of the MCL when added to drinking water at the recommended maximum use level The EPA has not set any MCL for the silicates as there is no known health concerns but Standard 60 has a Maximum Allowable Level (MAL) of 16 mgIL for sodium silicates as corrosion control agents primarily for turbidity reasons NSF tests have shown the silicates in the water samples from public water systems to be well below these levels

Arsenic according to NSF tests had an average of043 ugIL [parts per billion] in the drinking water attributable to the fluoride chemical Opflow a monthly magazine from the A WWA has found the arsenic level in the finished water from the fluorosilicic acid to be 0245 ugIL [OpflowVol 26 No 10October 2000] The NSF Standard 60 has a Maximum Allowable Level (MAL) of25 ugIL and EPA has a MCL of 50 ugIL although they have proposed to lower their MCL to 5 ugIL As you can see arsenic is less that III Oth ofeven the proposed EPA MCL Finally tests by NSF and other independent testing laboratories have shown no detectable levels

of radionuclides in product samples of fluoride chemicals There is no evidence that any of the known impurities in the fluoride chemicals have failed to meet any of these standards Opponents ofwater fluoridation have sometimes charged that industrial grade fluoride chemicals are used at the water plant instead ofpharmaceutical grade chemicals All the standards of AWWA ANSI and NSF apply to these industrial grade fluoride chemicals to ensure they are safe Phannaceutical grade fluoride compounds are not appropriate for water fluoridation they are used in the formulation of prescription drugs

Finally it is sometimes alleged that the fluoride from natural sources like calcium fluoride is better than fluorides added artificially such as from the fluoride chemicals presently used There is no difference There is no reason to change the opinion of CDC that water fluoridation is safe and effective

Thomas O Reeves PE National Fluoridation Engineer Program Services Branch Division ofOm] Health National Center for Chronic Disease Prevention and Health Promotion Centers for Disease Control and Prevention

2

8813 US Highway 41 South Riverview Florida 33569

EMERGENCY TELEPHONEmiddot CHEMTREC 1-800-424-9300

SECTION I PRODUCT INFORMATION

TRADE NAME Hydrofluosilicic Acid

CHEMICAL NAME I Hydrofluosilicic Acid

CAS NUMBER

CHEMICAL FAMILY

SYNONYMS

PRIMARY USE

SECTION II

FORMULA

COMPOSITION

SECTION III EMERGENCY OVERVIEW

16961-83-4

I norganic Fluorides

FluorosHicic Acid Hexafluosilicic Acid HFS FSA Auoridation of drinking water

COMPOSITION INFORMATION ON INGREDIENTS

H2SiF6

Hydrofluosilicic Acid 120-25

water 175-80

HAZARD IDENTIFICATION Large doses can cause nausea vomiting diarrhea abdominal buming and cramp-like pains Circulatory respiratory neNOUS complaints and skin rashes may occur Liquid

Health Hazards or vapor also causes severe irritation and bums Which will not be immediately apparent It also causes severe irritation to the lungs nose and throat If swallowed it can cause severe damage to throat and stomach

Physical Hazards Not applicable

Physical Form liquid

Appearance water White to straw yellow liquid

Odor Pungent

Toxicity Not identified as toxic by OSHA

NFPA HAZARD CLASS ~HAZARD CLAS Health 3

I Flammability 0

Instability Special Hazard 1

FlammabHity 1

Physical 2Hanrd

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOSt MOS16961061

POTENTiAl HEALTH EFFECTS

Acute - I Titant Chronic - Degenerative changes in the liver Fluorosis

POTENTIAl ENVIRONMENTAl EFFECTS

None listed

SECTION IV FIRST AID MEASURES

FIRST AID PROCEDURES

Eyes Invnediately flush with plenty of water for at least 15 minutes Get medical attention invnediately

Skin

Invnediately flush with plenty of water Remove contaminated clothing Discard contaminated clothing properly Get medical attention if irritation occurs or persists

Inhated Move to fresh air Administer oxygen Treat symptomatically Get medical attention promptly

Ingestion Give large quantities of water to patient if conscious 00 Not induca vomiting Seek medical attention promptly

NOTE TO PHYSICIAN Not applicable

SECTION V FIRE FIGHTING MEASURES

Flammable Properties

Flash Point Not applicable

Flammability Not applicable

LEUUEL Not applicable

Auto-Ignition Temperature

Not applicable

Extinguishing Media Small fires Water spray foam dry chemical or CO2

Large fires Water spray fog or foam

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOS MOS16961061

Wear selfcontained breathing apparatus with full protective clothing

Protection of Firefighters

Dangerous when heated to decomposition highly toxic and corrosive fumes of fluorides are emitted Will react with water or steam to produce toxic and COITOSive fumes May generate hydrogen in contact with some metals

SECTION VI

RESPONSE TECHNIQUES

ACCIDENTAL RELEASE MEASURES Small spills Contain spill and stop leak if it can be done without risk Use sodium carbonate or a mixture of soda ash and slaked lime sand or noncombustible absorbent material to soak up material Place in DOTmiddotapproved poly container and dispose of properly

Large spills Use same procedure as above Isolate spill area and deny entry Prevent discharge into waterways and sewers Material may be neutralized with sodium carbonate or a mixture of soda ash and slaked lime Contact proper local state or federal regulatory agencies to ascertain proper disposal techniques and procedures

All waste to be collected in a DOTmiddot IPOlY drum for disposal

= SECTION VII

HANDLING

HANDLING AND STORAGE

Avoid contact with eyes skin and clothing Wash thoroughly after handling Maintain proper hygiene practices when handling this product

STORAGE Use DOT-approved poly drum for storage

SECTION VIII EXPOSURE CONTROLS I PERSONAL PROTECTION

ENGINEERING CONTROLS

Eye wash and shaNer stations should be available where acid is being handled

PERSONAl PROTECTIVE EQUIPMENT (PPE)

EyelFace

Skin

Respiratory

Splash proof goggles and fullmiddotface shield should be worn at all times Acid proof gloves headgear protective shoes and clothing should be worn to Drevent contact Use respiratory for 20ppm or less concentration Use a self-contained breathing apparatus for concentrations of greater than 2Oppm

Other None

GENERAL HYGIENE CONSIDERA nONS

Avoid breathing fumes Avoid ingestion Wash thoroughly after handling Avoid contact with eyes or skin Use in adequate ventilation

EXPOSURE GUIDELINES

OSHA Permissible Exposure Limits (PEL) 25mgFm3

ACGIH Threshold Limit Value (TLV) 25 rng Fm3

Status New Issue ~ate February 3 2006 Section(s) Revised NlA MSDS MOS16961061

SECTION IX PHYSICAL AND CHEMICAL PROPERTIES

Note Unless othetWise stated values in this section are determined at 20middotC (68middotF) and 760 mm Hg (1 aim)

Flash Point Not applicable Flammabilityl Explosive Limits ()

Not applicable

Auto-Ignition Temperature

Not applicable

Appearance Water white to straw yellow liquid

Physical State Liquid

Odor Pungent Molecular Weight of Pure Material

14411g1mol

pH 12 Vapor Pressure (mmHg)

Not applicable

Vapor Density (air=1)

Not applicable

Boiling Point 2223 OF

FreezinglMelting Point Not applicable

Solubility in Water Not applicable 100 soluble in water

Specific Gravity 12

Volatility Not applicable

Bulk Density 98 Ibslfemiddot 25 Sol 77DF

SECTION X STABILITY AND REACTIVITY

Chemical Stability Stable

Conditions to Avoid Avoid all heat sources

Incompatible Materials Avoid contact with metals stoneware strong acids and alkalies explosives toxicants readily oxidizable materials alkali metals combustible solids and organic peroxides

Hazardous Decomposition Products

Extreme temperatures such as a fire cause formation of highly toxic and corrosive fumes of fluorides such as SiF and HF Hydrogen gas may be fonned at temperatures above 227DF

Corrosiveness Attacks silica bearing materials metals and stoneware Hazardous Polymerization

Will not occur

Status New Issue Date February 3 2006 Section(s) Revised NA MSDS MOS16961061

SECTION XI TOXICOLOGICAL INFORMATION

Acute Oral Toxicity 430 mgkg oral-rat LD50

Acute Dermal Toxicity 140 mgkg LOLo (Frog)

Mutagenesis No data available

Target Organ No data available

Developmental Toxicity No data available

Carcinogenicity No data available

SECTION XII ECOLOGICAL INFORMATION

ECOTOXfCOLOGY No data available

SECTION XIII DISPOSAL CONSIDERATIONS

Keep in covered DOT-approved poly drums pending disposal Handle and dispose in full compliance with an applicable Intemational Federal State and Local reQulations

SECTION XIV TRANSPORT INFO

Regulatory Status None established

Proper Shipping Name Hydrofluosilicic Acid

Hazard Class Class 8 (corrosive)

Packing Group II

Identification Number UN1778

Guide Number 154

SECTION XV REGULA TORY INFORMATION

CERClA Not Regulated RCRA 26133 Not Regulated

SARA TI11E III Section 302 Not Regulated (ExemptIons at 40 CFR Pan 370 may apply for agricuIIural use or lor quantllies of less

SectIon 304 Not Regulated Section 3111312 Acute and Chronic

than 10000 pounds _lie) Section 313 Not Regulated NTP tARC OSHA Recommended for Study IARC group 3 Not regulated by OSHA

(PSM) Canada OSL and NDSL On Inventory TSCA On Inventory

Status New Issue Date February 3 2006 SectIon(s) Revised NlA MSOS MOS16961061

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS Usted as Fluorosilicic Acid CBSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUED REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMATION THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are fumished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4001shy1998

Note to (if 8IlpicBble)

Status New Issue Date February 3 2006 Section(s) Revised NlA MSDS MOS16961061

I

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS listed as Fluorosilicic Acid CaSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUEO REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMAnoN THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are furnished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4OO1shy1998

Note to __ (d 8pP1icab1ei

Status New Issue Date February 3 2006 Section(s) Revised NJA MSDS MOS16961061

DATE IIlIMIOOIYYY) nleO

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If SUBROGATION IS WAIVED subject to the teons and conditions of the poHcy certain policies may require an endorsement A statement on this certificate does not OJOfer rights to the certificate holder in lieu of such endorsement(s)

DISCLAIMER

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ACORD 25 (2001108)

SUPPLEMENT TO CERTIFICATE OF INSURANCE I DATE 11180

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SAN ANTONIO TEXAS 78298middot2449 TABULATION OF BIDS

Annual Contract for Fluoroslficic Acid (February 2 2010 through February 1 2011) 300 pmbull January 19 2010

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2 1 ea 23 nominal Fluorosilicic Acid 55 pilon drum

UNIT PRICE 630

3 Split Delivery Fee (stop charge) 227 deliveries UNIT TOTAL 11000

4 Expediated Delivery UNIT PRICE 92500

APPRO~ATETOTAL TOTAL 50000000

Tenns

Delivery Days

1 20 days

5-6 days

1

BID INVITAnONS WERE MAUD TO ANDOR PICKED UP BY

Pennco SAWS Website Napea Chemical Cobull Inc Demandstar OXl UnivarUSA

Page 4: 331 Twisted Wood Dr.coalitionforsafemeters.org/TFSDW/PENNCO_Contract_2010.pdf · At the February 2,2010, meeting of the San Antonio Water System (SAWS) Board of Trustees, you were

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 2 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

PRICING SCHEDULES

The Fluorosilicic acid will be delivered as requested to the specified locations listed in Specifications Item 19 entitled Delivery

Bidders are to include all cost (Hazardous Material demurrage freight etc) in price QUoted per gallon or drum for all options SAWS will only pay for Fluorosilicic acid at the quoted price under this contract NO SEPARATE FEES

Item 19 entitled Delivery under Specifications requires trucks to first report to Mission Service Center for testing Truck will then travel to first delivery site Any subsequent delivery sites after Mission Service Center and the flISt delivery site will incur the Stop Charge

SAWS will pay for product based upon Gallons received Per Item 7 delivery trucks shall be equipped with a metering device to measure material loads per gallon

SAWS is requesliJlg Two (2) different priciDg optiollS lUI detailed below Both Opdolll mult be priced for bid to be respollSive The estimated annual pumpiDg quantities is l3Ot OOO gBoIII iududiag both Primary aDd Secondary StatioDI

1) One Year contract with options price revision upward or downward after one year Firm-fixed pricing for first year with three one-year options to extend with price adjustment upward or downward based upon price index at time of extension

2) One Year contract with options price revision upward or downward after 6 months Firm-fixed pricing for first six (6) months price adjustment upward or downward based upon price index at 6 months Three oneshyyear options to extend with price adjustment upward or downward based upon price index every 6 months

Pencco Inc SIgnEne 01_ IIUIIIltgtrized Ie sign bid

Monica Avila Bid Sec

__

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 3 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

OPTIONl

PRICE INDEX TO BE UlaIZED NA - based on submission of proof of price increase in product andor fuel

One Year contract Finn-fixed pricing for first year The San Antonio Water System (SAWS) reserves the right to extend the contract period for three (3) additional one-year periods with price adjustments upward or downward based upon price index should such an extension be mutually agreeable to SAWS and the Contractor

ESTIMATED PriceJgallDa TOTAL QUANTITY 1YEAR

~6l $4542 $104466000~d-230000 GL Item1 23 nominal Fluorosilicic Acid

$34650drumJOz11 ea Item 2 23 nominal Fluorosilicic Acid 55 gaDon drum $ 630

3J~ Item 3 - Split Delivery fee (stop charge) $11000 ea NA

Item 4 Expedited Delivery $ 9 2 5 bull 0 0 ea NA per truck plus listed proauct price

$104500650TOTAL OPTION 1

Pencco Inc ugtsIgn bids~of

Monica Avila Bid Sec

2

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMALI~A~ON~=D~(~~~ti=n~==~)_______________________

Page No 4 No Pages 21

Item Estimated Unit Total No Amount

OPTION 2

PRICE INDEX TO BE UTIUZED NA - based on submission of proof of price increase in product andor fuel

One Year contract Firm-fixed pricing for first six (6) months with price adjustment upward or downward based upon price index at 6 months The San Antonio Water System (SAWS) reserves the right to extend the contract period for three (3) additional one-year periods with price adjustment upward or downward based upon price index every 6 months should such an extension be mutually agreeable to SAWS and the Contractor

ESTIMATED Pricegallon TOTAL OUANTITY 1 YEAR

230000 GL Item I 23 nominal Fluorosilicic Acid $4542

$34650drumI ea Item 2 23 nominal Fluorosilicic Acid 55 lallon dnnJ 6 3 0

Item 3 Split Delivery fee (stop charge) $11000 ea NA

Item 4 Expedited Delivery $_9_2_5-----O_O__ea NA per truck plus listed product price

104500650TOTAL OnION 2

STANDARD REQUIREMENTS

I SAWS will evaluate optioos proposed to determine the best value for SAWS Award will be made to the overall lowest responsive bidder All items under options to be awarded together

It is anticipated that award of this contract will be made within 60 days following the date ofthe bid opening

3 Questions pertaining to bid procedures sball be directed to Ms Yvonne Torres CPSM CPM Purchasing Manager at (210) 233-3821 or e-mail at ytorressawsorC

4 All technical questions shall be directed to Mrs Floramie Welch at (210) 233-3744 or via e-mail to fwlechSawsorg Copy ofall questions shall be sent to Yvonne Torres

5 Questions are due in writing no later that 120 PM OD Friday Jouary 8 2amp10 Questions shall be sent to Yvonne Torres

6 Veodor must maintaiD and submit iDsuroee eertifieate as detailed in General Conditions Item 38

7 It shall be the responsibility ofthe vendor to unload and place the Fluorosilicic acid in the designated locatioos

Pencco Inc Name of Bidder (Company) (print or type) Signature of to Ilgn bidMon~~a Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMALINVITATlON BID (continued)

Page No 5 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

8 Successful vendor will receive an award letter upon selection Each delivery requested by SAWS will have a separate Purchase Order number

SPECIFICATIONS

1 Product shall be Fluorosilicic acid nominally 23 concentration shall be between (ll - 25) percent by weight in accordance with A WWA B703 latest revision and ANSlINSF60

2 A certified copy of the NSF 60 Certification ofthe product shall be submitted annually The vendors QCQA program shall be submitted for review by SAWS with the completed bid document A certificate of analysis shall be provided with each bulk load A preliminary Certificate of Analysis can be submitted with the delivery and a final certificate can be submitted within two days after the delivery to Velma Paniagua via facsimile at (210) 233-4151 or bye-mail at vpaniaguasawsorg

3 Please contact Floramie Welch at (210) 233 3744 for technical information concerning this contract and scheduling ofsite visits Delivery will be scheduled and coordinated by Velma Paniagua at (210) 233 3347 (vpaniaguasawsorg) or Al Delgado at (210) 233 - 3363 (adelgadosawsorg) or their designated representative Vendor must respond within 24 hours of receipt or order to same with delivery date Any delays in delivery must be communicated to individuals above

4 Vendor will be required to supply approximately (230000 gallons) annually of product in bulk tank loads FOB product usage varies with seasonal ambient temperatures and pumpage See attachment pumpage table at end of this document for the annual (estimated monthly quantities up to 125) by pump station

5 Deliveries shall be made within 5-7 calendar days including weekends and holidays after notification by authorized staff

6 All deliveries shall arrive at the designated SAWS facilities between the hours of7am - I lam SAWS normal hours ofoperation are from 7am to 330pm

7 Bulk tank load shipments of fluorosilicic acid must be delivered by truck equipped with a separate pressure system to unload into the bulk storage tanks on SAWS sites Each truck shall be equipped with sufficient length of hose and provide the necessary connecting fittings for their transport equipment to accommodate unloading facilities at the delivery site Each truck will be fitted with an air compressor or equivalent to empty product from the delivery hoses Additionally delivery trucks shall be equipped with a metering device to measure material loads by gallon Vendor shall document and provide metering start reading and each stop (name location) along with reading Information shall be provided upon completion of delivery to SAWS Vendors invoice shall also include information defined above for each delivery

8 Vendor will be responsible for unloading bulk tank load shipments at the primary pump station sites and refill ofonsite storage tanks at the secondary pump station sites A stop charge may be included as part of the bid in the delivery for split shipments to more than one location after stop at Verification Location and first delivery stop

Pencco Inc Signabn 01 peram __ to sign bidNome 01 BIdder (Company) (pOnt -1)

Monica Avila Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 6 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

9 There shall be no foreign materials evident in the delivered product associated with previously transported materials in the delivery tanker (ie oils other chemicals or other residues) The delivery transport company if separate from the chemical supplier will be responsible through the supplier for the cleanliness of the delivery tank vessel The transport company shall provide a certification ofcleanliness of the tank interior for every delivery regardless of size stating the tank was cleaned and free of foreign materials prior to loading of the Fluorosilicic acid The supervisor or his designated representative has the authority to reject material load if evidence of foreign material in the delivery tanker is present

10 Bidders are responsible for familiarizing themselves with the product unloading facilities and conditions at the pump stations Some sites bave limited access due to street andor site configuration This must be considered by the vendor to determine delivery quantity and truck capacity vehicle size and type to assUe access to pump station sites The vendor is responsible for determining the site delivery requirements to the appropriate delivery method whether large tanker small transport truck nurse tank 55-gallon drum or other approved method The vendor shall furnish certified weight tickets for each tank load delivery showing gross tare and net weights

II Vendor designate (driver or emergency response team) is responsible for spillage and clean up at the point of deliVery Driver or delivery personnel must be equipped with personal protective equipment (PPE) while loadingunloading material Contractors personnel and equipment shall be fully equipped and capable of performing all necessary delivery operations in a safe manner without assistance from SAWS or its employees Anytime work is to be performed near pumps or acid storage goggles face shield rubber gloves and an apron are the absolute minimum PPE to be worn If acid transfers are to be made a PVC raincoat should also he worn

12 All shipments must contain material safety data sheets (MSDS) and packing lists that include a proper description purchase order number unit cost and name of the person placing the order

13 Vendors shall include in their bid response descriptive literatlUe ofproduct being bid

14 Estimated Quantities No minimum or maximum quantities of fluorosilicic acid are guaranteed for the period ofthis contract Estimated quantities are noted in the attached pumpage table

15 The vendor shall provide three training sessions of 4 hours each on product safety and bandling prior to the first delivery of the product and annually thereafter for product safety training Vendor must submit Training Plan to cover product details manufacturing transportation and required PPE for safe bandling per OSHA requirements Safety training will be coordinated with SAWS Safety Department Velma Paniagua or Al Delgado of the SAWS Production Department will provide the SAWS Safety Department Point ofContact to the vendor prior to scheduling the training The Production Department will assist in coordinating the training between the vendor and SAWS Training Department

16 SAWS reserves the right to do quality assurance testing of the product on a periodic basis to verify the physical characteristics andor chemical content SAWS will also visually examine each load prior to

Pencco Inc

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 7 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

discharge from the vendors transport trucktrailer The vendor should allow for visual observations andor periodic physical testing to be done by SAWS Periodic physical testing may require up to one hour of additional time prior to unloading of product There will be NO demurrage charge for the one-hour time allowed for the physical testing Vendor must break the material seal collect the sample and hand it over to SAWS representative Under no circumstance will a SAWS employee be allowed to climb into truck and collect a sample

17 Notification The Contractor shall fax or e-mail the following information DO later thaD 200 pm the day prior to the scheduled delivery date to the SAWS representative ordering the shipment

Truck and tanker identification Drivers name and drivers license number Name ofcontract carrier if pre-authorized by SAWS Estimated arrival time and date Serial numbers of tanker trucks (ifapplicable)

middotSAWS shall provide a list ofcontact names and fax numbers after bid has been awarded

18 Delivery The delivery trucks wil first rqgtOrt to the Mission Service Center at 515 Mission Road for the chemical testing Periodic verification testing performed by SAWS or its agent will be in accordance with AWWA B703 After verification testing the truck will be dispatched to the delivery site and escorted at the site by maintenance personnel SAWS Points of Contacts are Velma Panaguai at (210) 233 3347 or AI Delgado at (210) 233 3363 for the site access and escort to various sites Delivery sites are listed below

Puml Stgtion Address AI Code 34 St 3939 Flagle 78237 Anderson 5025 W Loop 1604 N 78251 Artesia 703 At amp T Ctr Pkwy 78219 Basin 7110 Basin Drive 78216 Maltsberger 89] 0 Jones Maltsberger 78216 Marbach 7614 Marbach Rd 78227 Mission 605 E Theo 78210 Naco 13655 OConnor Rd 78233 Randolph 212 S WeidnerRd 78233 Wurzbach 6111 Wurzbach Rd 78238 Marlcet 106 W Maricet St 78205 Micron 7203 Micron Dr 78251 Winwood 28555 I lOWest 78257 Barbel 526 Pilgrim 78213 Brackenridge 13 amp 14 2300 Avenue B 78215

Pencco Inc Name of ~ (Comny) (print or type) Si9ngtOi-tosign bid

Monica Avila Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVIT AnON BID (continued)

Page No 8 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

Pamg Station Addness Zip Code Gateway 1 amp2 6615 RustJeaf 78242 Klaus 2660 Eisenhauer 78209 Lackland 6 amp 6A 8219 Five Palms 78242 LomaLinda 5218 Lorna Linda Dr 78201 Northwood 2319 Kenilworth 78209 Pipers Meadow 7721 Joe Newton 78251 Seale 254 SealeRd 78219 Sunshine 1929 S1 Cloud 78228 Sutton 942 Sutton Dr 78228 Turtle Creek 2 8523 Data Point 78229 Turtle Creek 3 8815 Data Point 78229 Walzem 127 Newport 78218 Woodlake 6663 FM 78 78244 Oliver Ranch 26293 US Hwy 281 N 78258

Damages Contractor shall be responsible for furnishing all required and applicable leak spill repair clean up equipment and kits for all vehicles making deliveries to SAWS facilities Contractor shall be liable for cleanup and lor repairs ofany damaged facility equipment by spillage or during chemical delivery caused by negligence or faulty equipment

Pencco Inc _afBl_(C_y) (pllnlortype) ~mca ~Bra Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 9 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

GENERAL CONDITIONS

1 This bid contains General Conditions and Specifications as well as in some areas other specific required information and material It is the bidders responsibility to be completely familiar with any and all requirements Failure to do so may result in bid being declared non-responsive

2 Any manufilcturer brand and model numbers used in these specifications are for the purpose of describing and establishing minimum requirements or level of quality standard of performance and design required and in no way intended to prohibit the bidding of other rnanufilcturers items ofequal specifications

3 The section headings or paragraph captions contained herein are for convenience of reference only and not intended to define extend or limit any provisions of this contract

4 Prices must be quoted FOB SAWS receiving agency San Antonio Texas Upon award of a contract the supplier is obligated to deliver the goods to the required destination and bears the risk of loss until delivery

5 Bids may not be conditioned on minimum deliveries The quantities shown are estimates only and are in no way binding upon SAWS Estimated quantities will be used for the purpose of evaluation SAWS may increase or decrease quantities as needed

6 Freight will be paid only when SAWS has made a request for expedited delivery

7 It will be the bidders responsibility to be completely familiar with all specifications prior to submitting bid No extra payment for the work specified will be considered Bidder must include all costs related to this bid in their unit price

8 Bidder by submitting a quote acknowledges that they have read and fully understand all requirements and take no exceptions

9 Bidder by submitting a bid hereby agrees that all SAWS requirements contained in this bid document take priority over any attached brochures literature company stated warranties andor requirements unless specifically spelled out in a separate letter titled Bid Exceptions

10 Please fill in prices make one copy for your file and submit all pages of the original bid form The Bidder shall furnish all information required by the bid fann The Bidder shall print or type hislher name and manually sign the schedule and each continuation sheet (Delete item 2a of Terms and Conditions of Invitation for Bid) Copies aDd fued bids willoot be accepted Bids can be downloaded from SAWS website at wwwwawsorg

11 Bid shall be enclosed in a sealed envelope addressed to the Purchasing Division in accordance with instructions contained herein with the name and address of bidder date and hour of bid opening and title of the bid solicitation placed on the outside of the envelope No Bids should be returned by the bid opening date with No Bid indicated on the envelope in addition to the bid number and bid opening date SAWS assumes no responsibility for bids not processed due to the fililure of the bidder to identify the envelope as a bid response

Pencco Inc Name af Bidder (Company) (print or type)

AV11aSigure af persqn authorized IIgt Sign bid

Mon1ca Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 10 No Pages 21

Item Estimated Unit Total No-__Quanti~ty~__________---Descrciption Price Amount

12 If bidder obtains bid specifications via Internet the bid must be submitted in hard copy according to the instructions contained in this bid If in its bid response bidder makes any changes whatsoever to SAWS bid specifications SAWS bid specifications as published shall controL Furthermore ifan alternation ofany kind to SAWS published bid specifications is only discovered after the contract is executed and is or is not being performed the contract is subject to immediate cancellation

13 Bidders facilities and equipment can be a determining factor in making the bid award All bidders wiD be subject to inspection of their facilities and equipment

14 All subject price lists should be submitted with this bid and shall become a part hereof However if in the opinion of the SAWS Purchasing Agent it is impractical for bidder to include published price lists as part of this bid and to furnish any price lists andor written changes as required herein bidder shall permit the Purchasing Agent or hislher authorized representatives to inspect the pertinent published price lists andor written changes in the office of the bidder or at any other location approved by the Purchasing Agent

15 By submittal of this bid bidder certifies to the best of their knowledge that all information is true and correct

16 A bid that has been opened may not be changed for the purpose ofcorrecting an error in the bid unit price

17 Bidder must submit Material Safety Data Sheets with the bid for any hazardous chemical quoted or supplied under this quote

18 SAWS will not be liable for any costs incurred by a bidder in responding to the bid request

19 Damaged goods or goods received due to error by supplier will be returned and supplier will pay freight

20 If not aliqle purchase tile qlUllltlties SboWD are estimates ollly aad are iD DO way biDdiDg DpoD SAWS Estimated quantities will be DIed tbr tile purpose of evlluation SAWS may iDcrease or decrease quantities U Deeded

21 When supplier cannot abide by terms and conditions in fulfilling the contract supplier must furnish service or goods from other sources at the contract price If supplier delays in the above SAWS reserves the right to purchase on the open market and charge supplier the difference between contract price and the purchase price

22 Bidder warrants that all deliveries under this bid will be of the type and quality herein specified SAWS may reject or refuse any delivery which falls below the quality required in the specif1C8tions and SAWS shall not be held to have accepted any delivery until after it has made an inspection of same and has had an opportunity to exercise this right of rejection

23 Bidder shall be responsible for alI charges which relate to the delivery of the goods to SAWS place ofbusiness and for the return to bidder of any goods fliected as being non-conforming under the specifications

Pencco Inc SignaIunt ~_10lion bid

Monica Avila Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONO TEXAS

FORMAL INVITATION BID (continued)

Page No 11 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

24 SAWS is the final judge ofproduct acceptability for items quoted on this bid

25 SAWS Specifications and Terms and Conditions provided with this bid document will prevail in the event of conflict with bidders

26 SAWS reserves the right to cancel this contract witb a 30 day written notice without cause

27 Termination-Breach Should vendor fail to fulfill in a timely and proper manner as determined solely by the Purchasing Director its obligations under this contract or violate any ofthe terms ofthis contract SAWS shall have tbe right to immediately terminate the contract Notice of termination shall be provided in writing to the vendor effective upon the date set forth in the notice Such termination shall not relieve the vendor of any liability to SAWS for damages snstained by virtue ofany breacb by the vendor

28 No oral statement of any person shall modify or otherwise change or affect the terms conditions or specifications stated in the resulting contract The SAWS Purchasing Division will make all change orders in writing

29 The successful bidder shall not sell assign transfer or convey this contract in whole or in part without the prior written consent of the Purchasing Division

30 The obligations of the parties hereto are performed in Bexar County Texas and if legal action is necessary to enforce same exclusive venue shall be within Bexar County Texas

31 Contractor shall defend indemnify and bold hannless SAWS from and against any liability loss cost and expense of whatsoever nature including those related to death bodily injury sickness disease andlor loss or destruction of property (including reasonable attorneys fees and costs of defense) resulting from Contractors performance of the services to the extent that such losses arise out of andor are attributed to the sole or concurrent negligence errors or omissions or strict liability of Contractor its employees Subcontractors agents or their respective employees Where liability is attributable to the joint negligence or fault ofContractor and SAWS Contractors duty of indemnification shall be limited to Contractors (and Contractors agents Subcontractors or employees) allocable share ofjoint negligence or fault

This indemnity shall be broadly construed to apply to all liability attributed to the concurrent and sole negligence ofcontractor and shall survive termination of this agreement

32 The goods or services furnished under this contract shall be covered by tbe most favorable commercial warranties given to any customer for same or similar supplies or services The implied warranties and remedies of the Universal Commercial Code are included in this procurement and shall apply to the issued purchase ordercontract

33 Prospective bidders must prove beyond any doubt to the SAWS Purchaaing Agent that they are duly qualified capable bondable etc to fulfill and abide by the specifications herein listed

Pencco Inc 5qIaItnt of ___10 sign bid

HameofB_(~) (pnntOitype)

Monica Avila Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 12 No Pages 21

Item Estimated Unit Total _N--o___O--u--a--ntity-___________Description Price Amount

34 Right to Audit (lump sum contracts) SAWS or its designated agent shall have the right to audit at any time the Contract related records and associated documents of the Contractor and Subcontractor Such right to audit shall be for the determination of the accuracy and validity of the Contractors and Subcontractors billing to SAWS and for verifying compliance with other terms and conditions of the Contract

35 Contractor and Subcontractor shall maintain aU records required to be kept by law rule or regulation or records required to document performance of the services specified in the contract documents The records shall be maintained for the period required by law for a reasonable period in the absence of the applicable law or for two (2) yesrs after completion ofall services whichever is greater Contractor shall provide to SAWS copies of such records as provided in the contract documents or as reasonably requested by SAWS after performance of the service

36 It is expressly understood and agreed by both parties hereto that SAWS is contracting with the successful bidder as an independent contractor The parties hereto understand and agree that SAWS shall not be liable for any claims which may be asserted by any third party occurring in connection with the services to be performed by the successful bidder under this contract and that the successful bidder has no authority to bind SAWS

37 The successful bidder agnes to indemnifY and hold SAWS harmless from any claim involving patent infringement or copyrights on goods supplied

38 If insurance is required the minimum insurance to be maintained shaU he in accordance with SAWS Standard IDsIUIUICe Spedtkations Bidder should submit a draft Insurance Certificate with Bid The successful bidder shall furnish a completed Certificate of Insuraoce which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage limits and terminstion provisions shown thereon Successful bidder will be required to maintain at all times during performance of the contract the insurance detailed in this bid document

Certificate of Insurance shall be filed with the System no later than 5 days after notification ofpending award of contract and before starting any work Certificates should he mailed to the Purchasing Division San Antonio Water System P O Box 2449 San Antonio Texas 78298-2449 CONTRACfORs CertHkate shan refereDce the SAWS bid Dumber at time ofsDbmittaL

39 The successful bidder shall mail invoices to the SAWS Accounts Payable Section P O Box 2449 San Antonio Texas 78298-2449 Invoices for payments and correspondence for this contract must reference the SAWS purchase order number

40 No officer or employee of SAWS shall have a financial interest direct or indirect in any contract with SAWS or shall benefit financially directly or indirectly in the sale to SAWS of any materials supplies or services except on behalf of SAWS as an officer or employee In this instance a SAWS employee is defined as any employee ofSAWS who is required to file a financial involvement report pursuant to the Citys ethics ordiuance

41 Any successful supplier required to perform any type of construction or service related work at SAWS location as a result ofthis bid or proposal must comply with all requirements shown in SAWS Health and Safety Program

Pencco Inc Name a( Bidder (CIlnIpanyI (print 0lt type) SIgnmint a( person auI1oIized lo sign bid

Monica Avila Bid Sec

SAN ANTOMO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 13 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

and Security Procedure No 2-11 Copies can be obtained from the SAWS Safety Officer at (210) 233-3616 Failure to comply with this requirement shall deem project in non-compliance and may result in immediate termination with cause

42 Suppliers employees performing work or making deliveries on SAWS property other than for a one-time drop shipment will be required to provide their employees with a photo identification badge that includes the company name no exception

43 Bid exceptions will be cause for rejection ofany bid at the sole discretion of the Purchasing Director

44 SAWS reserves the right to award this bid to more than one supplier

45 Award ofall bids and RFPs will be based on Best Value as determined by SAWS

46 In the event the San Antonio Water System Board does not appropriate tuuds for continuation of this contract for any fiscal year after the first fiscal year and it has no funds to continue this contract from other sources SAWS shall be released from its obligations under this contract

47 If a third party is used to ship mercbandise the shipping documents MUST include all SAWS Purchase Order Numbers

Pencco Inc SignaIuIe _IW_ 0 ~n bid

Monica AV11a Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVfTATlON BID (continued)

Page No 14 No Pages 21

Item Estimated Unit Total No Quantity Desaiption Price Amount

Security Requirements

Contractor shall ensure a Prime Contractor Data Form (PCDF) and a Background Saeening Letter (provided by SAWS Security) is properly completed fopound all employees performing work under this Agncment and on file with the SAWS Security Office prior to work commencement Subcontractors perfurming wort must be listed on the PCDF Contractor shan be responsible for the accuracy of information on the PCDF and fOr obtaining any and all required items (badges and parking tags) necessary to fulfilling the work under this Agreement The PCDF must be sent electronically to SCluritywoup(llIIwsorg Contractor shall advise the SAWS Project Manager of any employee terminations or changes to personnel perfurming work under this Agreement and Contractor sball immediately turn in any and all badges andor parking tags of employees who are terminated or no longer perfOrming work under this Agncment If there are any changes in the infOrmation contained in the PCDF or the Background Screening Letters Contractor shall immediately notifY the SAWS Project Manager and provide updated PCDF and Background Screening Letters with copies to securitygroup[iSllwsorg

Contractor and its employees and agents shall obtain a SAWS photo identification badge (Contractors Badge) and parking tag if necessary prior to any work on SAWS property which shall be used only fopound plllJlO5CS necessary to perfurm the work under this Agreement SAWS Badge Office bours are Monday and Friday 100 pm to 500 pm (hours are subject to change) Security Staff can be contacted at (210) 233-3760 or (210) 233-3616 A replacement fee shan be charged to replace any lost or damaged badges or parking tags As a condition of final payment Contractor shall return all badges and parking tags to the Security 0 ffice In the event Contractor fails to return all security badges and parking tags in addition to any other rights or remedies to which SAWS may be entitled at law or in equity SAWS may withhold from payment to the Contractor the sum ofS50000 dollars per badge or parking tag as liquidated damages Contractor agrees that the actual amount of damages fOr failore to return the badges andor parking tags are difficult to determine and the liquidated damages herein are not a penalty but are a reasonable estimate of the costs and expenses that may be incurred by SAWS for failure to return the badges or parking tags

Certain designated SAWS facilities Oist with SAWS Security) require a SAWS employee to physically escort Contractor at all times SAWS may in its sole discretion waive the escort requirements if the PCDF and a clean Background Screening Letter signed by an authcrized representative ofContractor are approved by SAWS Security

Subcontractors must always be under escort of the Contractor while perfOrming wort on any SAWS designated primary facility (list with SAWS Security) Subcontractors must display either a company photo badge with name or a valid driven license at all times while working on any SAWS property Contractor is solely responsible for the actions of its employees agents contractors and subcontractors

Due to changing security environments Contractor MUST be prepared fOr additional security requirements at its expense including background checks AiJy person fuund to have an unacceptable background check (as determined by SAWS review of submitted paperwork or other infurmation provided to or obtained by SAWS) will not be allowed to pertbrm work under this Agreement or on SAWS facilities Notwithatanding anything herein to the contrary any provisions in these Security Procedures that may appear to give SAWS the right to direct Contractor as to details ofdoing any work under this Agreement or to exercise a measure of control over any security measures or such work shall be deemed to mean that Contractor shall fullow the desires of SAWS in the resatD ofthe work or security measures only

Advance coordination by Contractor with SAWS Security office for these security requirements is necessary to ensure no delays with timely perfurmance of the work In the event Contractor fails to comply with SAWS Security requirements SAWS may with no penalty or claim against SAWS issue a Work Stoppage Order until the security violation (s) are remedied

PenCCD Inc Name ofBidder (~) (print or type) SiaoIIure at r$OIIJMh~ to IiIII bict

-MDn~ca Av~~a H10 Sec

~--------

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

____________F_O_RMAL_~IIMTAnON BID (continued)

Page No 15 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

IMPORTANT MAILING INSTRUCTIONS

Mark Envelope

DID NAME FLUOROSILICIC ACID

DID No 10-2088

OPENING DATE JANUARY 192010 TIME 900 AM

MAIL TO DELIVER TO

Purchasing Division Purchasing Division San Antonio Water System San Antonio Water System P O Box 2449 2800 US Hwy 281 North San Antonio Texas 78298-2449 San Antonio Texas 78212

NOTE It is the bidders responsibility to ensure that bids are received in the prescribed manner by the stated date and hour ofthe bid opening

-------------------------------------------Pencco Inc

SIIn8IIn of iIUtII_ IIgt sign bid Monica Avila Bid Sec

___

170f21

81___d _ __ tl-__1 GEJIIERAL COMDnIOMS

(a) _____ -__

~ Bktder mIIIIe ~neceuytoirlOrmhiml tharouCINtn GllhetyOl ______~lSreqJredbrtt1bid~ NopllnOfiQnOr~bwtha~of

CiCIfldIonI th or hIreIbr_ra Of (W CIIMMn on PI __ blddIw to III t-=-~~ and irwaIgiIOnIto k ewIfy deIIIl the f1II1Wlmentl Of the ccnr1lCl _ _ __ _ __W__(_S) _ CltnrtltIor

~CI aMrd d IMt conIrICt SAWS IhtI hMoe rtght to CiInCIId oniIrs upon 01 ConIJ-=- to dIIIiyenIty n in 1WGPQUf SAWS SfIM 8110 h8we ~ rigtIt to 0Idet naeriilh ~ COIJ1IIIRIbIedelSilnandqu8ltyittequtltDa~itIIClIdIIdkardIno~frclMiWIy~~nIlOchCotII forcIfknnce~ofmateriamp~

2 PREPARATION Of lIDS 81C11 be tftPIAdlftllCClOfdne ~ () TheBiddlt fumtsh 81 1nreIohdbythe tidbm TtIe bidder pitfor typIthlSfInd 1NIIIoII~tndal~1I ShIM Gnwbkttentry 1$ madre (b lNprioes betLflaiMt -rar_nIiortCII UIilprice ~

(e)(d) Where____ ~cfbull ______ and l1li kWIIIIIaft tor bid IIIppnMIcf ~ hie br~ nat so cleItoIIJIIMtd yenIIiJI rQ be ~~-_ unfeU autuiud in wi1in by U connctinDafIIJcwIlhIn ttwtt- JIiot apeMIJ

(e) 8ktders lrdincUtlildlnl_inllld tinceSAWSIltomPllVlltGf A_~~wbeUnlshed~

DIIOIIPTIOII Of IUPllElIMIt __ or ~ f1IIInncIa in-dIKIbIg ltemll~ and nat restrlclMGIifIIIrwiM -d cnyto tndc_ al(I qJIIty of lTIIIleria WMn itent ~ dffer in ~__--_ _ _ _ _d_ oonose _ _ ___

4 QUAIITfTItS 81cfid1rs laquo~~CUtng ~IIIIIffOd nclCIIIcutMItt ~ poIIyOlSAWShoMverbullbull OI~blqInoaldCCJhdlng1O tS1IItbin Oftclull~CI~_ OI IIICII1tlfIIch~wtd aan-certlln __ CIIiIIulIJIedDft dlUllliBafa~ ehttlTight~ ~ccntractperiDd_S tlIMglUCt-PWiOCtSAWStnl~dIO_ ~any(JthelllmlarfMYdIIIIte or__ _the tIld~cr~ __ Undlrlivdl cannel_ _ __ __ __ __-

tudI~pIQpOHId on bISAWS~righltobld~inSAWfr~middot bull An~bkIdIIMd_cnWllhkhilimcrtlof tidillt ~ IIIsI then bull h ITWlel ptce or tIkIderI COlt _ aID n- tiddlllr GIll OWIQII tid but crI bull ~ alae-r SAWS resene riOM to8 ita ~RtctfliUi(jtbkI~ 1f1fldl twd ~SAWS 1heCOf1htt $AW$retii8fWSto~ar aud1i1enwfnlm~tobe~ orWCllk II) be

~0f8101 ) 8IdII tnd ~ lhIIbe encllOledln~-ape ~toCoMIIdhI 0fJtCIItS- MIanIoW_ ssaem 1hI ~ bull d tiddar1he date nhcu oftid opening aruI

__(b) __hllNOfmaeialar_ tidon- CtSAWS0IAIidt_ tel ~IIIUIt alJbMllledwltNntlll_~ ftO tI)SAWS IfnolOyenedorused dIrinQ ber~upanbullbulltidOInaplfllbull ___OIII11OD11CAllOH Of 81)8

BtrtlbeIme fOr bltdtlJlWllt9the ~Of~OfIctit ~ JftDiIIIMf~rWIII1ce~lUChlllGle8 reeehoedpiorlO IImt_dIiWI Ntfar tido~ oe-wu andmodlcltanalaquo ~ receMdfm1 _tor tfdopllllllrG tJensmedunopene4

1 DIIICOlJNTS () PfIynwtt cb~ wI1 be rcnkIIrMin ng d~1Dd of dlCOILIt cPftnd 1amp StftciIRto paymenllIIIhI aUCh period in CGIntI dtluslness The I1IIIUe of ~~

8IsGbII~IC1 (b) canon Mh any ~t1IIWbull be ~flaquom ell ~ Of IampCIPIes orJehlCe laquohrfn carrea1IWCice Isrtclliilled ~ dille ~iI dttmedtobe INIdI

on1he date 01 nIIng of the cfIeeIL SElLERS 11_() __ ___ __ ___5-__- _O Nobull __ _ _

(b) lWaicallil natmdyCI-n_receiipof~orlrMJiCel~ --------EXf_ Of _AI CONTRACT SAWS rwetMI ftamp ~ flO ~ 1fIIIIPIOIII to -nd _ tonncI ___ en pettod Of men taII ON arIUtItKt alfN tems eondions bull enunwraled lit me tern and CCtIdIIona cI~tor bt amt a price f1lpriCa noIto 1IIC88d_~

10 AyenfARD OF CCraquofTRACTr) The Connctthe bIdIiIr tJld~tothe ~_bIdl1I naI toSAWS b BIdders -dngOl~ablcfis~cI andDty~ The clwd1~(1) _ __-_

(2) _SAWS-_____ _ __

(l) __in SAWlr)ldleftWlt lOwbddlJr is noI SAWS to -d he ccnnrtto the 6iddIra ltil nattbe fJlSAWS~ton-d~ on riI in bi Oller ctffIrwtCaamplnbMkPlCa tlfleit8fn SAWSreurves tWUtotUe~ tdln_Nyenift ~cfSAWS to ~fcIIIowI

(1) 1IojIIcI(2) ___ _ _

3 ~bIQft_a-tsfJI~OIhertNnpice ~ ---111 rlfbidl is _IIiIMIr n ncfIctionof 8oardtlTfUItN$ In bIddIr prceestlhe ~ rteGltlnelldIJdbythe ~Ing chiIimlhe(C) SAWS=-==--=I~mtMlnQOf8oInf_~lWIfWIgpricrto d

(d) ____SAWS __ _

11 REJICT1OIOSAWSOf (a) __ _ _

1 n1iddIr~ft MIin1idI 1M1id ____COIIfcImtothe_the~OItid

a 1hI1id II cardIonaI ~

4 _ Thltbldll~__noI SAWS _ _ _bld _ d __SAWS~

CD) SAWSIWIttWIIDNIiJCtor tIkII1O~tIIdIOI_~btSAWSto _-tand fortnIIMlaquo it ND_IIOckoMIW~cftclWorOlltMlHdWorwh_ OIIIIitrd anwhtIhor lhtllbanOlkworOI 13 == CltrOlMtGIthI _ --or 01 AftyQIII Ol ~_ blIIOf~YfIICl

(OJ ___ _____dOhOIy_--________ (II) _ UnIt_ _ bid______ W_ _ __ __-_ shy~

~In_ _~_bt_~_ I11III1110001_) A__ _____(e) _ --Ild(st- _ _- ____ - _____ __

_ _ _ ___- - --InMOy- - ----- -1 A __ _ _ _ _ ___ __~ ~ 111___ -_ _____bull_-___bull_flr___ _ ____r0IIIC0rto~ prtcellJtor fIw1IIIlIddiIr fie ~ 0fticAr ~ wfntpect fte perfIw1t~ price _or ~ In Iheolktt

104 EQUAL MIIIOvtfT 0PPCNnlIfiY All conncaln dS10OOOOOoallhft t5laquo1IIIQhWUdt() TIIIt_ _ _ TIIIt_ _ _ ____- _ shy

=~=-==== =n~-~~====r~---__ __shy(b) IpGt ItICIfthCW to SAWS bull Ind parnit __ 11) fICOIdI and _1w ~ Of to ~~ rufeJ- shy_ flAWS(c) If fourdnatlD be In ~ thenat fllIit-ot cannct tlllcaNNClny ~~ or urpendId tn laquo In part QIf1hcID (My ~trom

(d) AI iiddIraor~canncDsor~totubmlt Mdlaquo~-tn SIgnad OIIciIIIft ln Of~fIO~ u~-_~dDnaI___ _ Gn OIoJIIIrIIIgIan ~arIgi__ _ __3 __-~Acl(el Tho _Ordlr201bull _ _~~

Of1_~~farand~inCilllllMelanHUODIiaIId15 8I)8QNO

A ttId bond be ~ If SAW$~~-- ~__ tl -CIt tOIhct SAWS s1LtOOOOO rbfd bowIt II~ _mull tal ~bp Bid8ond c-otChtclaquoCatitII ChID DIi laquo~tn 01 __ hnMtft) bid I4JCGInft II) ~Snobid~

unIIultilin~IIith__ 8Gndll0Ic-1tu _1IiI___ crawt and ~--- ~ _ ___ _ __ 0 -_ SlktBondlaquo~

11 FUNOIIG __ In fie _ _ _____ ____SAWS In tNa cowact tD to HCIn or far Oller cn vwnU - to jnMdIww Md iCQnWCl copita bullbull UCC 1iIngI-d factOtInO SOWS_IO - __ assIgrwnreM

~flIMIIt~to Otin t8ed_~bJ II)YWdlrIneeolIIIIIJIcaI fthokIIr

~~

17of21

SAWS STANDARD INSURANCE SPECIFICATIONS (Specifications)

I Commencing on the date of this Contract the Contractor shall at his own expense purchase maintain and keep in force such insurance as will protect him and the San Antonio Water System (SAWS) and the City of San Antonio (the City) and their employees and agents from claims which may arise out of or result from his operations under this Contract whether such operations are by himself by any sub-contractor supplier or by anyone directly or indirectly employed by any of them or by anyone fur whose acts any of them may be liable including without limitation the following

a Worken CompensatioD (WC) insurance that will protect the Contractor SAWS and the City from claims under statutory Workers Compensation laws disability laws or such other employee benefit laws and that will fulfill the requirements of the jurisdiction in which the work is to be pertbrmed

This insurance shall be endorsed to provide a Waiver of SubrogatioD in favor of SAWS and the City with respect to both this insurance coverage and the Employen Liability (EL) insurance (as specified immediately below in section lb)

b Employen Liability (EL) insurance (Coverage B under standard Workers Compensation policy) that will protect the Contractor SAWS and the City fur damages because of bodily injury sickness disease of vendors employees apart from that imposed by Workers Compensation laws The employers liability insurance shall have minimum limits ofliability ofnot less than

$ 100000000 Bodily Injury by Accident 100000000 Bodily Injury by Disease - Each Employee 100000000 Bodily Injury by Disease - Policy Limit

c Commerdal General Liability (CGL) insurance that will protect the Contractor SAWS and the City from claims fur damages because of bodily injury personal injury sickness disease or death and insurance that wilt protect the Contractor SAWS and the City from claims fur damages to or destruction of tangible property ofothers including loss ofuse thereof

This coverage shall

bull Cover independent contractors

bull Not include any exclusions relating to blasting explosion collapse ofbuildings or damage to underground property where applicable

bull Afford coverage fur Products Liabilityandor Completed Operations and Contractual Liability

The minimum limits ofliability fur this coverage shall be

$ 100000000 Occurrence Limit 200000000 General Aggregate

180f21

100000000 ProductsCompleted Operations Aggregate 100000000 Personal and Advertising Injury

5000000 Fire Legal Liability 100000000 Contractual Liability

This insurance shall be endorsed

bull Naming SAWS and the City as an Additionallosured and

bull To provide a Waiver of Subrogation in favor ofSAWS and the City

d Comprehensive Automobile Liability (AL) insurance that will protect the Contractor SAWS and the City from claims for damages arising out ofthe maintenance operation or use of any owned non-owned or hired vehicles Minimum limits of liability for bodily injury and property damage combined shall be not less than $100000000 per each occurrence

This insurance shall be endorsed

bull Naming SAWS and the City as an Additional Insured and

bull To provide a Waiver of Subrogation in favor ofSA WS and the City

e Umbrella LiabiUty (UL) insurance in the amount ofS200000000 This policy shall be ofan Occurrence type and the limit of liability shall be concurrent with (following form) and in excess of the EL CGL and AL insurance coverage as descnbed in paragraphs lb lc and Id above

f Contractors Pollution Liability Insuraoce with limits of $1000000 per occurrencelS2000000 in the aggregate The policy shall provide claims made coverage for all claims liabilities damages costs fees and expenses of any kind or character arising out ofany Pollution Condition(s) (as defined below) that js in any way related to CONTRACTORs operations actions or inactions and completed operations associated with any work performed by Contractor its subcontractors or any of their respective employees agents representatives or officers under this Contract Coverage must be maintained for a minimum of twenty-four (24) months after the end of the Contract term or ifthe Contract js terminated fOr any reason fOr a minimum oftwentyshyfour (24) months fOllowing the date of termination The policy retroactive date will be no later than the Contract start date

Pollution Condition(s) means the djscharge dispersal release or escape of any solid liquid gaseous or thermal irritant or contaminant including but not limited to smoke sewage vaplrs soot fumes acids alkalis toxic chemicals medical waste and waste materials into or upon land the atmosphere or any watercourse or body of water including groundwater provided such conditions are not naturally present in the environment in the amounts or concentrations discovered

The Contradors Pollution Liability losurance will pay on behalf of the CONTRACTOR SAWS and the City of San Antonio all claims demands damages liabilities costs fees and expenses of any kind or character fOr bodily injury or death

190f21

property damage environmental or natural resource damage and any fines fees assessments or penalties of any kind assessed by any governmental department agency or commission that resuh from or are related to a Pollution Condition(s) Coverage will include all subcontractors hired by CONTRACIOR to perform any work under this Contract

The policy shall also include the fullowing provisions

I) Coverage fur bodily injury to include physical injury sickness disease mental anguish and emotional distress sustained by any person including death

2) All costs that are related to or that arise out of or from the investigation or adjustment of any claim or in connection with any court arbitration mediation state administrative hearing or other proceeding ofany kind including attorneys fees expert witness fees costs charges and expenses of any kind or character that arise out ofor that are related to a Pollution Condition(s)

3) Coverage shall be Primary and in addition to any other valid and collectible insurance carried by SAWS and the City of San Antonio as respects to this Contract

4) Coverage fur Natural Resource Damages and any fines fees penalties or assessments by any governmental agency commission or department related to any Pollution Condition(s)

5) Insured versus Insured exclusion if fuund in the policy shall not apply to a claim by an Insured who qualifies as a Client of the Named Insured under the policy

6) IfNon-Owned Disposal sites are used for disposal ofwastes these sites shall be specifically included under the Contractors Pollution Liability Insurance policy and

7) Coverage for punitive exemplary and multiple damages

Automobile Liability policy ofCONTRACIOR halliing QlJy quantityof fluorosilicic acid shall either be endorsed to provide coverage under the TE9948 endorsement or the Contractors Pollution Liability Insurance policy shall be endorsed to provide transportation coverage beyond the boundaries ofthe testing andor delivery site(s)

2 Contractor shall require Sub-contractors to carry insurance coverage appropriate to their scope ofWork

3 Contractor shall furnish a completed Certificate ofInsurance which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage limits and termination provisions shown thereon

4 The insurance that is required under these Specifications shall be written so that SAWS and the City will be notified in writing in the event of cancellation restrictive endorsement or nonshyrenewal at least thirty (30) days prior to such action

200[21

5 Certificates of Insurance shall be filed with the System 10 days prior to the SAWS Board of Trustees award of the Contract The SAWS Contract namelBid number shaD be included in the Description of Operations section located in the bottom half of the standard ACORD Certificate furms

Certificates shall be mailed to SAWS directly to

San Antonio Water System Attention PurchBSbtg Division P O Box 2449 San Antonio TeDs 78198-1449

Contractor shall be responsible fur obtaining Certificates of IDsunnce from the first tier Subshycontractor and upon request furnish copies to SAWS

6 Separate Certificates of Insurance shall be filed with the City ofSan Antonio] 0 days prior to the SAWS Board of Trustees award of the Contract The SAWS Contract namelBid number shaD be included in the Description of Operations section located in the bottom half of the standard ACORD Certificate furms

Certificates shall be mailed to the City ofSan Antonio directly to

City ofSan Antonio Attention Risk Management PO Box 39966 San Antonio TX 78283-3966

A copy of the certificate of insurance provided to the City of San Antonio shall be provided to SAWS at the same time

7 Contractor is responsible for all deductibles under all ofthe insurance policies reqilired by these Specifications

8 The stated limits of insurance required by these Specifications are MINIMUM ONLY and it shall be the Contractors responsibility to determine what limits are adequate and the length of time this coverage shall be maintained the insurance limits are not a limit of the Contractors liability

These minimum limits may be basic policy limits or any combination of basic limits and umbrella limits SAWS acceptance of Certificates of Insurance that in any respect do not comply with these Specifications does not release the Contractor from compliance herewith

9 Contractor agrees that an insurance policies required bYthese Specifications shall be with insurance companies firms or entities that have an AM Best rating of A- (A- minus) and a Financial Size Category rating of a VII or better All insurance policies shall be of an Occurrence type except the Contractors Pollution Liability line ofcoverage

210f21

10 SURVIVAL

Any and all representations conditions and warranties made by Contractor under this Contract including without limitation the provisions ofSection lb ie and Id ofthese Insurance Specifications are ofthe essence ofthis Contract and shall survive the execution and delivery of it and all stalernents contained in any document required by SAWS whether delivered at the time ofthe execution or al a later dale shall constitute representations and warranties hereunder

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PENCCO INC Pioneer Engineering Chemical Company

AFFIDAVIT OF COMPLIANCE

This is to certify that the Hydrofluorosilicic Acid supplied by our company meets A WWA Standard B703-00 or the latest revision and is certified to NSFANSI Standard NSF-60

Signature shy

R L Home President

Name and Title ofOfficial

142010

Date

PO BOX 600 bull SAN FELIPE TX 11473

PHONE 919-885-0005 bull 800-864-174~ bull FAX 979-885-3208

INPOPENCCOCON

NSF Certified Products - Public Water Supply Treatment Chemicals Page lof2

NSF

NSF Product and Service Listings

These Listings were Last Updated on Thursday Janulry 14 Z010 at 415 AM Eastern Time Please contact NSF International to confirm the status ofany Listing report errors or make suggestions

Wami NSF is COIIccncd abot fradu 1 d-loIIdilll d iplaUolI ofwcbsik tOIl Ifyou havo relaquorod Ihis listiar in lIrd copy ys rorafirm tllis ccrtlflcatleDilistlac Infonnlion lIy COilli diretlly to hHnllmywnrforclCertlfOCllP1Ch_ibullbullblListilAlpfCOIIIQlnyNme-peDccoamp for tho latest most eatntl ifonnatlon

NSFANSI STANDARD 60 Drinking Water Treatment Chemicalsmiddot Health Effects

----------~-----~

PENCCO INC PO BOX 600 SAN FELIPE TX 77473 800-864-1742 979-885-0005

Facility DISTRIBUTION CENTER - RICHMOND CA

Hydrofluosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid

Product Function Fluoridation Fluoridation

Max Use 6mgIL 6mgIL

Hydrofluosilicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - SOUTH GATE CA

HydrofluosUicir Acid Trade Designation Product FlUlCtion Max Use Fluorosilicic Acid Fluoridation 6mgIL Fluosilicic Acid Fluoridation 6mgIL Hydrofluosiiicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - WILLOW SPRINGS IL

Hydroftuosllicir Arid Trade Designation Product Fll1ICtion Max Use Fluorosilicic Acid Fluoridation 6mgIL F1uosilicic Acid Fluoridation 6mgIL Hydrofluosilicic Acid Fluoridation 6mgIL

httpwwwnsforglCertifiedlPwsChemicalslListingsaspCompanyName=pencooampTrade111412010

NSF Certified Products - Public Water Supply Treatment Chemicals Page 20f2

Facility D1STRI BUTION CENTER - BALTIMORE MD

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Facility DISTRIBUTION CENTER

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Product Function Fluoridation Fluoridation Fluoridation

SEALY TX

Product Function Fluoridation Fluoridation Fluoridation

Facility DISTRIBUTION CENTER - WAXAHACHIE TX

Hydrofluosilicic Acid Trade Designation FLUOROSILICIC ACID FLUOSJLlCJC ACID HYDROFLUOROSILlCJC ACID HYDROFLUOSILICIC ACID

Product Function Fluoridation Fluoridation Fluoridation Fluoridation

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL 6mgIL

Number ofmBlching Muufactun1ll is 1 Number ofmalching Products is 19 Processing time was 0 seconds

bull Search Listings bull NewsRoom I bull AboutNSF I bull ampnm I bull NSF Marl I bull Client Log-In

bull Privacy Poliey bull SiteMap I bull Reguest Info I bull Contact Us I bull Copyright C 2004 NSF International

httpwwwnsforglCertifiedlPwsChemicalslListingsaspCompanyName=penccoampTrade114120 10

PENCCO INC Pioneer Engineering Chemical Company

HydrofluorosiIicic Acid Bid QAlQC Info

Pencco meets AWWA Standards and is NSF Certified

Hydrofluorosilicic acid also known as HFS or FSA is a transparent colorless (water white to straw yellow) aqueous solution that is used in a variety of applications including the major end-use water treatment for fluoridation FSA is produced during the concentration of phosphoric acid in an evaporation process unique to the phosphate industry The vapor stream from the phosphoric acid reaction is scrubbed with water to form FSA from the naturally-occurring silica acid The final product is collected stored and tested prior to release for shipment Potential danger of contamination is minimized through compliance with NSF 60 NSF 60 typically checks sourlt)e product and any subsequent transfer before unloading into customer tanks

infopenccoCGm PO Bo 600 S Felipe Tens 77473-0600 9791885-0005 FAX 979f88S310ll

Refer FL-J43 September 2000

THE MANUFACTURE OF THE FLUORIDE CHEMICALS

All ofthe fluoride chemicals used in the US for water fluoridation sodium fluoride sodium fluorosilicate and fluorosilicic acid are useful byproducts of the phosphate fertilizer industry The manufacturing process produces two byproducts (I) a solid calcium sulfate (sheetrock CaS04) and (2) the gases hydrofluoric acid (HF) and silicon tetrafluoride (SiF4) A simplified explanation of the manufacturing process follows Apatite rock a calcium mineral found in central Florida is ground up and treated with sulfuric acid producing phosphoric acid and the two byproducts calcium sulfate and the two gas emissions These gases are captured by product recovery units (scrubbers) and condensed into 23 fluorosilicic acid Sodium fluoride and sodium fluorosilicate are made from this acid

The question of toxicity purity and risk to humans from the addition of fluoride chemicals to the drinking water sometimes arises Almost all of the over 40 water treatment chemicals that may be used at the water plant are toxic to humans in their concentrated form eg chlorine gas and the fluoride chemicals are no exception Added to the drinking water in very small amounts the fluoride chemicals dissociate virtually J 00 into their various components (ions) and are very stable safe and non-toxic

Opponents of water fluoridation have argued that the silicofluorides do not completely dissociate under conditions ofnormal water treatment and thus may cause health problems To counter these claims the basic chemistry of this dissociation has been carefully reviewed Scientists at the US Environmental Protection Agency (EPA) and CDC epidemiologists have examined the research that opponents of water fluoridation cite Both groups have concluded that these charges are not credible

The claim is sometimes made that no health studies exist on the silicofluoride chemicals used in water fluoridation That is correct We the scientific community do not study health effects of concentrated chemicals as put into water we study the health effects ofthe treated water Le what those chemicals become fluoride ion silicates and the hydrogen ion The health effects of fluoride have been analyzed by literally thousands of studies over SO years and have been found to be safe and effective in reducing tooth decay The EPA has not set any Maximum Contaminant Level (MCL) for the silicates as there is no known health concerns for them at the low concentrations found in drinking water Of course the measurement ofthe pH of the water determines the concentration of the hydrogen ion

Concern has been raised about the impurities in the fluoride chemicals The American Water Works Association (A WWA) a well-respected water supply industry association sets standards for all chemicals used in the water treatment plant including fluoride chemicals The A WWA standards are ANSJJ A WWA B701-99 (sodium fluoride) ANSJJ A WWA B702-99 (sodium

fluorosilicate) and ANSIIAWWA B703-00 (fluorosilicic acid) The National Sanitation Foundation (NSF) also sets standards and does product certification for products used in the water industry including fluoride chemicals ANSINSF Standard 60 sets standards for purity and provides testing and certification for the fluoride chemicals Standard 60 was developed by NSF and a consortium of associations including the A WWA and the American National Standards Institute (ANSI) This standard provides for product quality and safety assurance to prevent the addition of harmful levels of contaminants from water treatment chemicals More than 40 states have laws or regulations requiring product compliance with Standard 60 NSF tests the fluoride chemicals for the II regulated metal compounds that have an EPA MCL In order for a product [for example fluorosilicic acid] to meet certification standards regulated metal contaminants must be present at the tap [in the home] at a concentration ofless than ten percent of the MCL when added to drinking water at the recommended maximum use level The EPA has not set any MCL for the silicates as there is no known health concerns but Standard 60 has a Maximum Allowable Level (MAL) of 16 mgIL for sodium silicates as corrosion control agents primarily for turbidity reasons NSF tests have shown the silicates in the water samples from public water systems to be well below these levels

Arsenic according to NSF tests had an average of043 ugIL [parts per billion] in the drinking water attributable to the fluoride chemical Opflow a monthly magazine from the A WWA has found the arsenic level in the finished water from the fluorosilicic acid to be 0245 ugIL [OpflowVol 26 No 10October 2000] The NSF Standard 60 has a Maximum Allowable Level (MAL) of25 ugIL and EPA has a MCL of 50 ugIL although they have proposed to lower their MCL to 5 ugIL As you can see arsenic is less that III Oth ofeven the proposed EPA MCL Finally tests by NSF and other independent testing laboratories have shown no detectable levels

of radionuclides in product samples of fluoride chemicals There is no evidence that any of the known impurities in the fluoride chemicals have failed to meet any of these standards Opponents ofwater fluoridation have sometimes charged that industrial grade fluoride chemicals are used at the water plant instead ofpharmaceutical grade chemicals All the standards of AWWA ANSI and NSF apply to these industrial grade fluoride chemicals to ensure they are safe Phannaceutical grade fluoride compounds are not appropriate for water fluoridation they are used in the formulation of prescription drugs

Finally it is sometimes alleged that the fluoride from natural sources like calcium fluoride is better than fluorides added artificially such as from the fluoride chemicals presently used There is no difference There is no reason to change the opinion of CDC that water fluoridation is safe and effective

Thomas O Reeves PE National Fluoridation Engineer Program Services Branch Division ofOm] Health National Center for Chronic Disease Prevention and Health Promotion Centers for Disease Control and Prevention

2

8813 US Highway 41 South Riverview Florida 33569

EMERGENCY TELEPHONEmiddot CHEMTREC 1-800-424-9300

SECTION I PRODUCT INFORMATION

TRADE NAME Hydrofluosilicic Acid

CHEMICAL NAME I Hydrofluosilicic Acid

CAS NUMBER

CHEMICAL FAMILY

SYNONYMS

PRIMARY USE

SECTION II

FORMULA

COMPOSITION

SECTION III EMERGENCY OVERVIEW

16961-83-4

I norganic Fluorides

FluorosHicic Acid Hexafluosilicic Acid HFS FSA Auoridation of drinking water

COMPOSITION INFORMATION ON INGREDIENTS

H2SiF6

Hydrofluosilicic Acid 120-25

water 175-80

HAZARD IDENTIFICATION Large doses can cause nausea vomiting diarrhea abdominal buming and cramp-like pains Circulatory respiratory neNOUS complaints and skin rashes may occur Liquid

Health Hazards or vapor also causes severe irritation and bums Which will not be immediately apparent It also causes severe irritation to the lungs nose and throat If swallowed it can cause severe damage to throat and stomach

Physical Hazards Not applicable

Physical Form liquid

Appearance water White to straw yellow liquid

Odor Pungent

Toxicity Not identified as toxic by OSHA

NFPA HAZARD CLASS ~HAZARD CLAS Health 3

I Flammability 0

Instability Special Hazard 1

FlammabHity 1

Physical 2Hanrd

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOSt MOS16961061

POTENTiAl HEALTH EFFECTS

Acute - I Titant Chronic - Degenerative changes in the liver Fluorosis

POTENTIAl ENVIRONMENTAl EFFECTS

None listed

SECTION IV FIRST AID MEASURES

FIRST AID PROCEDURES

Eyes Invnediately flush with plenty of water for at least 15 minutes Get medical attention invnediately

Skin

Invnediately flush with plenty of water Remove contaminated clothing Discard contaminated clothing properly Get medical attention if irritation occurs or persists

Inhated Move to fresh air Administer oxygen Treat symptomatically Get medical attention promptly

Ingestion Give large quantities of water to patient if conscious 00 Not induca vomiting Seek medical attention promptly

NOTE TO PHYSICIAN Not applicable

SECTION V FIRE FIGHTING MEASURES

Flammable Properties

Flash Point Not applicable

Flammability Not applicable

LEUUEL Not applicable

Auto-Ignition Temperature

Not applicable

Extinguishing Media Small fires Water spray foam dry chemical or CO2

Large fires Water spray fog or foam

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOS MOS16961061

Wear selfcontained breathing apparatus with full protective clothing

Protection of Firefighters

Dangerous when heated to decomposition highly toxic and corrosive fumes of fluorides are emitted Will react with water or steam to produce toxic and COITOSive fumes May generate hydrogen in contact with some metals

SECTION VI

RESPONSE TECHNIQUES

ACCIDENTAL RELEASE MEASURES Small spills Contain spill and stop leak if it can be done without risk Use sodium carbonate or a mixture of soda ash and slaked lime sand or noncombustible absorbent material to soak up material Place in DOTmiddotapproved poly container and dispose of properly

Large spills Use same procedure as above Isolate spill area and deny entry Prevent discharge into waterways and sewers Material may be neutralized with sodium carbonate or a mixture of soda ash and slaked lime Contact proper local state or federal regulatory agencies to ascertain proper disposal techniques and procedures

All waste to be collected in a DOTmiddot IPOlY drum for disposal

= SECTION VII

HANDLING

HANDLING AND STORAGE

Avoid contact with eyes skin and clothing Wash thoroughly after handling Maintain proper hygiene practices when handling this product

STORAGE Use DOT-approved poly drum for storage

SECTION VIII EXPOSURE CONTROLS I PERSONAL PROTECTION

ENGINEERING CONTROLS

Eye wash and shaNer stations should be available where acid is being handled

PERSONAl PROTECTIVE EQUIPMENT (PPE)

EyelFace

Skin

Respiratory

Splash proof goggles and fullmiddotface shield should be worn at all times Acid proof gloves headgear protective shoes and clothing should be worn to Drevent contact Use respiratory for 20ppm or less concentration Use a self-contained breathing apparatus for concentrations of greater than 2Oppm

Other None

GENERAL HYGIENE CONSIDERA nONS

Avoid breathing fumes Avoid ingestion Wash thoroughly after handling Avoid contact with eyes or skin Use in adequate ventilation

EXPOSURE GUIDELINES

OSHA Permissible Exposure Limits (PEL) 25mgFm3

ACGIH Threshold Limit Value (TLV) 25 rng Fm3

Status New Issue ~ate February 3 2006 Section(s) Revised NlA MSDS MOS16961061

SECTION IX PHYSICAL AND CHEMICAL PROPERTIES

Note Unless othetWise stated values in this section are determined at 20middotC (68middotF) and 760 mm Hg (1 aim)

Flash Point Not applicable Flammabilityl Explosive Limits ()

Not applicable

Auto-Ignition Temperature

Not applicable

Appearance Water white to straw yellow liquid

Physical State Liquid

Odor Pungent Molecular Weight of Pure Material

14411g1mol

pH 12 Vapor Pressure (mmHg)

Not applicable

Vapor Density (air=1)

Not applicable

Boiling Point 2223 OF

FreezinglMelting Point Not applicable

Solubility in Water Not applicable 100 soluble in water

Specific Gravity 12

Volatility Not applicable

Bulk Density 98 Ibslfemiddot 25 Sol 77DF

SECTION X STABILITY AND REACTIVITY

Chemical Stability Stable

Conditions to Avoid Avoid all heat sources

Incompatible Materials Avoid contact with metals stoneware strong acids and alkalies explosives toxicants readily oxidizable materials alkali metals combustible solids and organic peroxides

Hazardous Decomposition Products

Extreme temperatures such as a fire cause formation of highly toxic and corrosive fumes of fluorides such as SiF and HF Hydrogen gas may be fonned at temperatures above 227DF

Corrosiveness Attacks silica bearing materials metals and stoneware Hazardous Polymerization

Will not occur

Status New Issue Date February 3 2006 Section(s) Revised NA MSDS MOS16961061

SECTION XI TOXICOLOGICAL INFORMATION

Acute Oral Toxicity 430 mgkg oral-rat LD50

Acute Dermal Toxicity 140 mgkg LOLo (Frog)

Mutagenesis No data available

Target Organ No data available

Developmental Toxicity No data available

Carcinogenicity No data available

SECTION XII ECOLOGICAL INFORMATION

ECOTOXfCOLOGY No data available

SECTION XIII DISPOSAL CONSIDERATIONS

Keep in covered DOT-approved poly drums pending disposal Handle and dispose in full compliance with an applicable Intemational Federal State and Local reQulations

SECTION XIV TRANSPORT INFO

Regulatory Status None established

Proper Shipping Name Hydrofluosilicic Acid

Hazard Class Class 8 (corrosive)

Packing Group II

Identification Number UN1778

Guide Number 154

SECTION XV REGULA TORY INFORMATION

CERClA Not Regulated RCRA 26133 Not Regulated

SARA TI11E III Section 302 Not Regulated (ExemptIons at 40 CFR Pan 370 may apply for agricuIIural use or lor quantllies of less

SectIon 304 Not Regulated Section 3111312 Acute and Chronic

than 10000 pounds _lie) Section 313 Not Regulated NTP tARC OSHA Recommended for Study IARC group 3 Not regulated by OSHA

(PSM) Canada OSL and NDSL On Inventory TSCA On Inventory

Status New Issue Date February 3 2006 SectIon(s) Revised NlA MSOS MOS16961061

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS Usted as Fluorosilicic Acid CBSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUED REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMATION THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are fumished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4001shy1998

Note to (if 8IlpicBble)

Status New Issue Date February 3 2006 Section(s) Revised NlA MSDS MOS16961061

I

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS listed as Fluorosilicic Acid CaSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUEO REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMAnoN THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are furnished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4OO1shy1998

Note to __ (d 8pP1icab1ei

Status New Issue Date February 3 2006 Section(s) Revised NJA MSDS MOS16961061

DATE IIlIMIOOIYYY) nleO

IROOIJ(EII 1-113-623-2330

ACORD CERTIFICATE OF LIABILITY INSURANCE I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERllFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR

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If SUBROGATION IS WAIVED subject to the teons and conditions of the poHcy certain policies may require an endorsement A statement on this certificate does not OJOfer rights to the certificate holder in lieu of such endorsement(s)

DISCLAIMER

The Certificate of Insurance on the reverse side of this foon does not constitute a contract between the issuing insurer(s) authorized representative or producer and the certificate holder nor does it affinnatively or negatively amend extend or alter the coverage alforded by the policies listed thereon

ACORD 25 (2001108)

SUPPLEMENT TO CERTIFICATE OF INSURANCE I DATE 11180

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SAN ANTONIO TEXAS 78298middot2449 TABULATION OF BIDS

Annual Contract for Fluoroslficic Acid (February 2 2010 through February 1 2011) 300 pmbull January 19 2010

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UNIT PRICE 630

3 Split Delivery Fee (stop charge) 227 deliveries UNIT TOTAL 11000

4 Expediated Delivery UNIT PRICE 92500

APPRO~ATETOTAL TOTAL 50000000

Tenns

Delivery Days

1 20 days

5-6 days

1

BID INVITAnONS WERE MAUD TO ANDOR PICKED UP BY

Pennco SAWS Website Napea Chemical Cobull Inc Demandstar OXl UnivarUSA

Page 5: 331 Twisted Wood Dr.coalitionforsafemeters.org/TFSDW/PENNCO_Contract_2010.pdf · At the February 2,2010, meeting of the San Antonio Water System (SAWS) Board of Trustees, you were

__

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 3 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

OPTIONl

PRICE INDEX TO BE UlaIZED NA - based on submission of proof of price increase in product andor fuel

One Year contract Finn-fixed pricing for first year The San Antonio Water System (SAWS) reserves the right to extend the contract period for three (3) additional one-year periods with price adjustments upward or downward based upon price index should such an extension be mutually agreeable to SAWS and the Contractor

ESTIMATED PriceJgallDa TOTAL QUANTITY 1YEAR

~6l $4542 $104466000~d-230000 GL Item1 23 nominal Fluorosilicic Acid

$34650drumJOz11 ea Item 2 23 nominal Fluorosilicic Acid 55 gaDon drum $ 630

3J~ Item 3 - Split Delivery fee (stop charge) $11000 ea NA

Item 4 Expedited Delivery $ 9 2 5 bull 0 0 ea NA per truck plus listed proauct price

$104500650TOTAL OPTION 1

Pencco Inc ugtsIgn bids~of

Monica Avila Bid Sec

2

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMALI~A~ON~=D~(~~~ti=n~==~)_______________________

Page No 4 No Pages 21

Item Estimated Unit Total No Amount

OPTION 2

PRICE INDEX TO BE UTIUZED NA - based on submission of proof of price increase in product andor fuel

One Year contract Firm-fixed pricing for first six (6) months with price adjustment upward or downward based upon price index at 6 months The San Antonio Water System (SAWS) reserves the right to extend the contract period for three (3) additional one-year periods with price adjustment upward or downward based upon price index every 6 months should such an extension be mutually agreeable to SAWS and the Contractor

ESTIMATED Pricegallon TOTAL OUANTITY 1 YEAR

230000 GL Item I 23 nominal Fluorosilicic Acid $4542

$34650drumI ea Item 2 23 nominal Fluorosilicic Acid 55 lallon dnnJ 6 3 0

Item 3 Split Delivery fee (stop charge) $11000 ea NA

Item 4 Expedited Delivery $_9_2_5-----O_O__ea NA per truck plus listed product price

104500650TOTAL OnION 2

STANDARD REQUIREMENTS

I SAWS will evaluate optioos proposed to determine the best value for SAWS Award will be made to the overall lowest responsive bidder All items under options to be awarded together

It is anticipated that award of this contract will be made within 60 days following the date ofthe bid opening

3 Questions pertaining to bid procedures sball be directed to Ms Yvonne Torres CPSM CPM Purchasing Manager at (210) 233-3821 or e-mail at ytorressawsorC

4 All technical questions shall be directed to Mrs Floramie Welch at (210) 233-3744 or via e-mail to fwlechSawsorg Copy ofall questions shall be sent to Yvonne Torres

5 Questions are due in writing no later that 120 PM OD Friday Jouary 8 2amp10 Questions shall be sent to Yvonne Torres

6 Veodor must maintaiD and submit iDsuroee eertifieate as detailed in General Conditions Item 38

7 It shall be the responsibility ofthe vendor to unload and place the Fluorosilicic acid in the designated locatioos

Pencco Inc Name of Bidder (Company) (print or type) Signature of to Ilgn bidMon~~a Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMALINVITATlON BID (continued)

Page No 5 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

8 Successful vendor will receive an award letter upon selection Each delivery requested by SAWS will have a separate Purchase Order number

SPECIFICATIONS

1 Product shall be Fluorosilicic acid nominally 23 concentration shall be between (ll - 25) percent by weight in accordance with A WWA B703 latest revision and ANSlINSF60

2 A certified copy of the NSF 60 Certification ofthe product shall be submitted annually The vendors QCQA program shall be submitted for review by SAWS with the completed bid document A certificate of analysis shall be provided with each bulk load A preliminary Certificate of Analysis can be submitted with the delivery and a final certificate can be submitted within two days after the delivery to Velma Paniagua via facsimile at (210) 233-4151 or bye-mail at vpaniaguasawsorg

3 Please contact Floramie Welch at (210) 233 3744 for technical information concerning this contract and scheduling ofsite visits Delivery will be scheduled and coordinated by Velma Paniagua at (210) 233 3347 (vpaniaguasawsorg) or Al Delgado at (210) 233 - 3363 (adelgadosawsorg) or their designated representative Vendor must respond within 24 hours of receipt or order to same with delivery date Any delays in delivery must be communicated to individuals above

4 Vendor will be required to supply approximately (230000 gallons) annually of product in bulk tank loads FOB product usage varies with seasonal ambient temperatures and pumpage See attachment pumpage table at end of this document for the annual (estimated monthly quantities up to 125) by pump station

5 Deliveries shall be made within 5-7 calendar days including weekends and holidays after notification by authorized staff

6 All deliveries shall arrive at the designated SAWS facilities between the hours of7am - I lam SAWS normal hours ofoperation are from 7am to 330pm

7 Bulk tank load shipments of fluorosilicic acid must be delivered by truck equipped with a separate pressure system to unload into the bulk storage tanks on SAWS sites Each truck shall be equipped with sufficient length of hose and provide the necessary connecting fittings for their transport equipment to accommodate unloading facilities at the delivery site Each truck will be fitted with an air compressor or equivalent to empty product from the delivery hoses Additionally delivery trucks shall be equipped with a metering device to measure material loads by gallon Vendor shall document and provide metering start reading and each stop (name location) along with reading Information shall be provided upon completion of delivery to SAWS Vendors invoice shall also include information defined above for each delivery

8 Vendor will be responsible for unloading bulk tank load shipments at the primary pump station sites and refill ofonsite storage tanks at the secondary pump station sites A stop charge may be included as part of the bid in the delivery for split shipments to more than one location after stop at Verification Location and first delivery stop

Pencco Inc Signabn 01 peram __ to sign bidNome 01 BIdder (Company) (pOnt -1)

Monica Avila Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 6 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

9 There shall be no foreign materials evident in the delivered product associated with previously transported materials in the delivery tanker (ie oils other chemicals or other residues) The delivery transport company if separate from the chemical supplier will be responsible through the supplier for the cleanliness of the delivery tank vessel The transport company shall provide a certification ofcleanliness of the tank interior for every delivery regardless of size stating the tank was cleaned and free of foreign materials prior to loading of the Fluorosilicic acid The supervisor or his designated representative has the authority to reject material load if evidence of foreign material in the delivery tanker is present

10 Bidders are responsible for familiarizing themselves with the product unloading facilities and conditions at the pump stations Some sites bave limited access due to street andor site configuration This must be considered by the vendor to determine delivery quantity and truck capacity vehicle size and type to assUe access to pump station sites The vendor is responsible for determining the site delivery requirements to the appropriate delivery method whether large tanker small transport truck nurse tank 55-gallon drum or other approved method The vendor shall furnish certified weight tickets for each tank load delivery showing gross tare and net weights

II Vendor designate (driver or emergency response team) is responsible for spillage and clean up at the point of deliVery Driver or delivery personnel must be equipped with personal protective equipment (PPE) while loadingunloading material Contractors personnel and equipment shall be fully equipped and capable of performing all necessary delivery operations in a safe manner without assistance from SAWS or its employees Anytime work is to be performed near pumps or acid storage goggles face shield rubber gloves and an apron are the absolute minimum PPE to be worn If acid transfers are to be made a PVC raincoat should also he worn

12 All shipments must contain material safety data sheets (MSDS) and packing lists that include a proper description purchase order number unit cost and name of the person placing the order

13 Vendors shall include in their bid response descriptive literatlUe ofproduct being bid

14 Estimated Quantities No minimum or maximum quantities of fluorosilicic acid are guaranteed for the period ofthis contract Estimated quantities are noted in the attached pumpage table

15 The vendor shall provide three training sessions of 4 hours each on product safety and bandling prior to the first delivery of the product and annually thereafter for product safety training Vendor must submit Training Plan to cover product details manufacturing transportation and required PPE for safe bandling per OSHA requirements Safety training will be coordinated with SAWS Safety Department Velma Paniagua or Al Delgado of the SAWS Production Department will provide the SAWS Safety Department Point ofContact to the vendor prior to scheduling the training The Production Department will assist in coordinating the training between the vendor and SAWS Training Department

16 SAWS reserves the right to do quality assurance testing of the product on a periodic basis to verify the physical characteristics andor chemical content SAWS will also visually examine each load prior to

Pencco Inc

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 7 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

discharge from the vendors transport trucktrailer The vendor should allow for visual observations andor periodic physical testing to be done by SAWS Periodic physical testing may require up to one hour of additional time prior to unloading of product There will be NO demurrage charge for the one-hour time allowed for the physical testing Vendor must break the material seal collect the sample and hand it over to SAWS representative Under no circumstance will a SAWS employee be allowed to climb into truck and collect a sample

17 Notification The Contractor shall fax or e-mail the following information DO later thaD 200 pm the day prior to the scheduled delivery date to the SAWS representative ordering the shipment

Truck and tanker identification Drivers name and drivers license number Name ofcontract carrier if pre-authorized by SAWS Estimated arrival time and date Serial numbers of tanker trucks (ifapplicable)

middotSAWS shall provide a list ofcontact names and fax numbers after bid has been awarded

18 Delivery The delivery trucks wil first rqgtOrt to the Mission Service Center at 515 Mission Road for the chemical testing Periodic verification testing performed by SAWS or its agent will be in accordance with AWWA B703 After verification testing the truck will be dispatched to the delivery site and escorted at the site by maintenance personnel SAWS Points of Contacts are Velma Panaguai at (210) 233 3347 or AI Delgado at (210) 233 3363 for the site access and escort to various sites Delivery sites are listed below

Puml Stgtion Address AI Code 34 St 3939 Flagle 78237 Anderson 5025 W Loop 1604 N 78251 Artesia 703 At amp T Ctr Pkwy 78219 Basin 7110 Basin Drive 78216 Maltsberger 89] 0 Jones Maltsberger 78216 Marbach 7614 Marbach Rd 78227 Mission 605 E Theo 78210 Naco 13655 OConnor Rd 78233 Randolph 212 S WeidnerRd 78233 Wurzbach 6111 Wurzbach Rd 78238 Marlcet 106 W Maricet St 78205 Micron 7203 Micron Dr 78251 Winwood 28555 I lOWest 78257 Barbel 526 Pilgrim 78213 Brackenridge 13 amp 14 2300 Avenue B 78215

Pencco Inc Name of ~ (Comny) (print or type) Si9ngtOi-tosign bid

Monica Avila Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVIT AnON BID (continued)

Page No 8 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

Pamg Station Addness Zip Code Gateway 1 amp2 6615 RustJeaf 78242 Klaus 2660 Eisenhauer 78209 Lackland 6 amp 6A 8219 Five Palms 78242 LomaLinda 5218 Lorna Linda Dr 78201 Northwood 2319 Kenilworth 78209 Pipers Meadow 7721 Joe Newton 78251 Seale 254 SealeRd 78219 Sunshine 1929 S1 Cloud 78228 Sutton 942 Sutton Dr 78228 Turtle Creek 2 8523 Data Point 78229 Turtle Creek 3 8815 Data Point 78229 Walzem 127 Newport 78218 Woodlake 6663 FM 78 78244 Oliver Ranch 26293 US Hwy 281 N 78258

Damages Contractor shall be responsible for furnishing all required and applicable leak spill repair clean up equipment and kits for all vehicles making deliveries to SAWS facilities Contractor shall be liable for cleanup and lor repairs ofany damaged facility equipment by spillage or during chemical delivery caused by negligence or faulty equipment

Pencco Inc _afBl_(C_y) (pllnlortype) ~mca ~Bra Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 9 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

GENERAL CONDITIONS

1 This bid contains General Conditions and Specifications as well as in some areas other specific required information and material It is the bidders responsibility to be completely familiar with any and all requirements Failure to do so may result in bid being declared non-responsive

2 Any manufilcturer brand and model numbers used in these specifications are for the purpose of describing and establishing minimum requirements or level of quality standard of performance and design required and in no way intended to prohibit the bidding of other rnanufilcturers items ofequal specifications

3 The section headings or paragraph captions contained herein are for convenience of reference only and not intended to define extend or limit any provisions of this contract

4 Prices must be quoted FOB SAWS receiving agency San Antonio Texas Upon award of a contract the supplier is obligated to deliver the goods to the required destination and bears the risk of loss until delivery

5 Bids may not be conditioned on minimum deliveries The quantities shown are estimates only and are in no way binding upon SAWS Estimated quantities will be used for the purpose of evaluation SAWS may increase or decrease quantities as needed

6 Freight will be paid only when SAWS has made a request for expedited delivery

7 It will be the bidders responsibility to be completely familiar with all specifications prior to submitting bid No extra payment for the work specified will be considered Bidder must include all costs related to this bid in their unit price

8 Bidder by submitting a quote acknowledges that they have read and fully understand all requirements and take no exceptions

9 Bidder by submitting a bid hereby agrees that all SAWS requirements contained in this bid document take priority over any attached brochures literature company stated warranties andor requirements unless specifically spelled out in a separate letter titled Bid Exceptions

10 Please fill in prices make one copy for your file and submit all pages of the original bid form The Bidder shall furnish all information required by the bid fann The Bidder shall print or type hislher name and manually sign the schedule and each continuation sheet (Delete item 2a of Terms and Conditions of Invitation for Bid) Copies aDd fued bids willoot be accepted Bids can be downloaded from SAWS website at wwwwawsorg

11 Bid shall be enclosed in a sealed envelope addressed to the Purchasing Division in accordance with instructions contained herein with the name and address of bidder date and hour of bid opening and title of the bid solicitation placed on the outside of the envelope No Bids should be returned by the bid opening date with No Bid indicated on the envelope in addition to the bid number and bid opening date SAWS assumes no responsibility for bids not processed due to the fililure of the bidder to identify the envelope as a bid response

Pencco Inc Name af Bidder (Company) (print or type)

AV11aSigure af persqn authorized IIgt Sign bid

Mon1ca Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 10 No Pages 21

Item Estimated Unit Total No-__Quanti~ty~__________---Descrciption Price Amount

12 If bidder obtains bid specifications via Internet the bid must be submitted in hard copy according to the instructions contained in this bid If in its bid response bidder makes any changes whatsoever to SAWS bid specifications SAWS bid specifications as published shall controL Furthermore ifan alternation ofany kind to SAWS published bid specifications is only discovered after the contract is executed and is or is not being performed the contract is subject to immediate cancellation

13 Bidders facilities and equipment can be a determining factor in making the bid award All bidders wiD be subject to inspection of their facilities and equipment

14 All subject price lists should be submitted with this bid and shall become a part hereof However if in the opinion of the SAWS Purchasing Agent it is impractical for bidder to include published price lists as part of this bid and to furnish any price lists andor written changes as required herein bidder shall permit the Purchasing Agent or hislher authorized representatives to inspect the pertinent published price lists andor written changes in the office of the bidder or at any other location approved by the Purchasing Agent

15 By submittal of this bid bidder certifies to the best of their knowledge that all information is true and correct

16 A bid that has been opened may not be changed for the purpose ofcorrecting an error in the bid unit price

17 Bidder must submit Material Safety Data Sheets with the bid for any hazardous chemical quoted or supplied under this quote

18 SAWS will not be liable for any costs incurred by a bidder in responding to the bid request

19 Damaged goods or goods received due to error by supplier will be returned and supplier will pay freight

20 If not aliqle purchase tile qlUllltlties SboWD are estimates ollly aad are iD DO way biDdiDg DpoD SAWS Estimated quantities will be DIed tbr tile purpose of evlluation SAWS may iDcrease or decrease quantities U Deeded

21 When supplier cannot abide by terms and conditions in fulfilling the contract supplier must furnish service or goods from other sources at the contract price If supplier delays in the above SAWS reserves the right to purchase on the open market and charge supplier the difference between contract price and the purchase price

22 Bidder warrants that all deliveries under this bid will be of the type and quality herein specified SAWS may reject or refuse any delivery which falls below the quality required in the specif1C8tions and SAWS shall not be held to have accepted any delivery until after it has made an inspection of same and has had an opportunity to exercise this right of rejection

23 Bidder shall be responsible for alI charges which relate to the delivery of the goods to SAWS place ofbusiness and for the return to bidder of any goods fliected as being non-conforming under the specifications

Pencco Inc SignaIunt ~_10lion bid

Monica Avila Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONO TEXAS

FORMAL INVITATION BID (continued)

Page No 11 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

24 SAWS is the final judge ofproduct acceptability for items quoted on this bid

25 SAWS Specifications and Terms and Conditions provided with this bid document will prevail in the event of conflict with bidders

26 SAWS reserves the right to cancel this contract witb a 30 day written notice without cause

27 Termination-Breach Should vendor fail to fulfill in a timely and proper manner as determined solely by the Purchasing Director its obligations under this contract or violate any ofthe terms ofthis contract SAWS shall have tbe right to immediately terminate the contract Notice of termination shall be provided in writing to the vendor effective upon the date set forth in the notice Such termination shall not relieve the vendor of any liability to SAWS for damages snstained by virtue ofany breacb by the vendor

28 No oral statement of any person shall modify or otherwise change or affect the terms conditions or specifications stated in the resulting contract The SAWS Purchasing Division will make all change orders in writing

29 The successful bidder shall not sell assign transfer or convey this contract in whole or in part without the prior written consent of the Purchasing Division

30 The obligations of the parties hereto are performed in Bexar County Texas and if legal action is necessary to enforce same exclusive venue shall be within Bexar County Texas

31 Contractor shall defend indemnify and bold hannless SAWS from and against any liability loss cost and expense of whatsoever nature including those related to death bodily injury sickness disease andlor loss or destruction of property (including reasonable attorneys fees and costs of defense) resulting from Contractors performance of the services to the extent that such losses arise out of andor are attributed to the sole or concurrent negligence errors or omissions or strict liability of Contractor its employees Subcontractors agents or their respective employees Where liability is attributable to the joint negligence or fault ofContractor and SAWS Contractors duty of indemnification shall be limited to Contractors (and Contractors agents Subcontractors or employees) allocable share ofjoint negligence or fault

This indemnity shall be broadly construed to apply to all liability attributed to the concurrent and sole negligence ofcontractor and shall survive termination of this agreement

32 The goods or services furnished under this contract shall be covered by tbe most favorable commercial warranties given to any customer for same or similar supplies or services The implied warranties and remedies of the Universal Commercial Code are included in this procurement and shall apply to the issued purchase ordercontract

33 Prospective bidders must prove beyond any doubt to the SAWS Purchaaing Agent that they are duly qualified capable bondable etc to fulfill and abide by the specifications herein listed

Pencco Inc 5qIaItnt of ___10 sign bid

HameofB_(~) (pnntOitype)

Monica Avila Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 12 No Pages 21

Item Estimated Unit Total _N--o___O--u--a--ntity-___________Description Price Amount

34 Right to Audit (lump sum contracts) SAWS or its designated agent shall have the right to audit at any time the Contract related records and associated documents of the Contractor and Subcontractor Such right to audit shall be for the determination of the accuracy and validity of the Contractors and Subcontractors billing to SAWS and for verifying compliance with other terms and conditions of the Contract

35 Contractor and Subcontractor shall maintain aU records required to be kept by law rule or regulation or records required to document performance of the services specified in the contract documents The records shall be maintained for the period required by law for a reasonable period in the absence of the applicable law or for two (2) yesrs after completion ofall services whichever is greater Contractor shall provide to SAWS copies of such records as provided in the contract documents or as reasonably requested by SAWS after performance of the service

36 It is expressly understood and agreed by both parties hereto that SAWS is contracting with the successful bidder as an independent contractor The parties hereto understand and agree that SAWS shall not be liable for any claims which may be asserted by any third party occurring in connection with the services to be performed by the successful bidder under this contract and that the successful bidder has no authority to bind SAWS

37 The successful bidder agnes to indemnifY and hold SAWS harmless from any claim involving patent infringement or copyrights on goods supplied

38 If insurance is required the minimum insurance to be maintained shaU he in accordance with SAWS Standard IDsIUIUICe Spedtkations Bidder should submit a draft Insurance Certificate with Bid The successful bidder shall furnish a completed Certificate of Insuraoce which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage limits and terminstion provisions shown thereon Successful bidder will be required to maintain at all times during performance of the contract the insurance detailed in this bid document

Certificate of Insurance shall be filed with the System no later than 5 days after notification ofpending award of contract and before starting any work Certificates should he mailed to the Purchasing Division San Antonio Water System P O Box 2449 San Antonio Texas 78298-2449 CONTRACfORs CertHkate shan refereDce the SAWS bid Dumber at time ofsDbmittaL

39 The successful bidder shall mail invoices to the SAWS Accounts Payable Section P O Box 2449 San Antonio Texas 78298-2449 Invoices for payments and correspondence for this contract must reference the SAWS purchase order number

40 No officer or employee of SAWS shall have a financial interest direct or indirect in any contract with SAWS or shall benefit financially directly or indirectly in the sale to SAWS of any materials supplies or services except on behalf of SAWS as an officer or employee In this instance a SAWS employee is defined as any employee ofSAWS who is required to file a financial involvement report pursuant to the Citys ethics ordiuance

41 Any successful supplier required to perform any type of construction or service related work at SAWS location as a result ofthis bid or proposal must comply with all requirements shown in SAWS Health and Safety Program

Pencco Inc Name a( Bidder (CIlnIpanyI (print 0lt type) SIgnmint a( person auI1oIized lo sign bid

Monica Avila Bid Sec

SAN ANTOMO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 13 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

and Security Procedure No 2-11 Copies can be obtained from the SAWS Safety Officer at (210) 233-3616 Failure to comply with this requirement shall deem project in non-compliance and may result in immediate termination with cause

42 Suppliers employees performing work or making deliveries on SAWS property other than for a one-time drop shipment will be required to provide their employees with a photo identification badge that includes the company name no exception

43 Bid exceptions will be cause for rejection ofany bid at the sole discretion of the Purchasing Director

44 SAWS reserves the right to award this bid to more than one supplier

45 Award ofall bids and RFPs will be based on Best Value as determined by SAWS

46 In the event the San Antonio Water System Board does not appropriate tuuds for continuation of this contract for any fiscal year after the first fiscal year and it has no funds to continue this contract from other sources SAWS shall be released from its obligations under this contract

47 If a third party is used to ship mercbandise the shipping documents MUST include all SAWS Purchase Order Numbers

Pencco Inc SignaIuIe _IW_ 0 ~n bid

Monica AV11a Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVfTATlON BID (continued)

Page No 14 No Pages 21

Item Estimated Unit Total No Quantity Desaiption Price Amount

Security Requirements

Contractor shall ensure a Prime Contractor Data Form (PCDF) and a Background Saeening Letter (provided by SAWS Security) is properly completed fopound all employees performing work under this Agncment and on file with the SAWS Security Office prior to work commencement Subcontractors perfurming wort must be listed on the PCDF Contractor shan be responsible for the accuracy of information on the PCDF and fOr obtaining any and all required items (badges and parking tags) necessary to fulfilling the work under this Agreement The PCDF must be sent electronically to SCluritywoup(llIIwsorg Contractor shall advise the SAWS Project Manager of any employee terminations or changes to personnel perfurming work under this Agreement and Contractor sball immediately turn in any and all badges andor parking tags of employees who are terminated or no longer perfOrming work under this Agncment If there are any changes in the infOrmation contained in the PCDF or the Background Screening Letters Contractor shall immediately notifY the SAWS Project Manager and provide updated PCDF and Background Screening Letters with copies to securitygroup[iSllwsorg

Contractor and its employees and agents shall obtain a SAWS photo identification badge (Contractors Badge) and parking tag if necessary prior to any work on SAWS property which shall be used only fopound plllJlO5CS necessary to perfurm the work under this Agreement SAWS Badge Office bours are Monday and Friday 100 pm to 500 pm (hours are subject to change) Security Staff can be contacted at (210) 233-3760 or (210) 233-3616 A replacement fee shan be charged to replace any lost or damaged badges or parking tags As a condition of final payment Contractor shall return all badges and parking tags to the Security 0 ffice In the event Contractor fails to return all security badges and parking tags in addition to any other rights or remedies to which SAWS may be entitled at law or in equity SAWS may withhold from payment to the Contractor the sum ofS50000 dollars per badge or parking tag as liquidated damages Contractor agrees that the actual amount of damages fOr failore to return the badges andor parking tags are difficult to determine and the liquidated damages herein are not a penalty but are a reasonable estimate of the costs and expenses that may be incurred by SAWS for failure to return the badges or parking tags

Certain designated SAWS facilities Oist with SAWS Security) require a SAWS employee to physically escort Contractor at all times SAWS may in its sole discretion waive the escort requirements if the PCDF and a clean Background Screening Letter signed by an authcrized representative ofContractor are approved by SAWS Security

Subcontractors must always be under escort of the Contractor while perfOrming wort on any SAWS designated primary facility (list with SAWS Security) Subcontractors must display either a company photo badge with name or a valid driven license at all times while working on any SAWS property Contractor is solely responsible for the actions of its employees agents contractors and subcontractors

Due to changing security environments Contractor MUST be prepared fOr additional security requirements at its expense including background checks AiJy person fuund to have an unacceptable background check (as determined by SAWS review of submitted paperwork or other infurmation provided to or obtained by SAWS) will not be allowed to pertbrm work under this Agreement or on SAWS facilities Notwithatanding anything herein to the contrary any provisions in these Security Procedures that may appear to give SAWS the right to direct Contractor as to details ofdoing any work under this Agreement or to exercise a measure of control over any security measures or such work shall be deemed to mean that Contractor shall fullow the desires of SAWS in the resatD ofthe work or security measures only

Advance coordination by Contractor with SAWS Security office for these security requirements is necessary to ensure no delays with timely perfurmance of the work In the event Contractor fails to comply with SAWS Security requirements SAWS may with no penalty or claim against SAWS issue a Work Stoppage Order until the security violation (s) are remedied

PenCCD Inc Name ofBidder (~) (print or type) SiaoIIure at r$OIIJMh~ to IiIII bict

-MDn~ca Av~~a H10 Sec

~--------

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

____________F_O_RMAL_~IIMTAnON BID (continued)

Page No 15 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

IMPORTANT MAILING INSTRUCTIONS

Mark Envelope

DID NAME FLUOROSILICIC ACID

DID No 10-2088

OPENING DATE JANUARY 192010 TIME 900 AM

MAIL TO DELIVER TO

Purchasing Division Purchasing Division San Antonio Water System San Antonio Water System P O Box 2449 2800 US Hwy 281 North San Antonio Texas 78298-2449 San Antonio Texas 78212

NOTE It is the bidders responsibility to ensure that bids are received in the prescribed manner by the stated date and hour ofthe bid opening

-------------------------------------------Pencco Inc

SIIn8IIn of iIUtII_ IIgt sign bid Monica Avila Bid Sec

___

170f21

81___d _ __ tl-__1 GEJIIERAL COMDnIOMS

(a) _____ -__

~ Bktder mIIIIe ~neceuytoirlOrmhiml tharouCINtn GllhetyOl ______~lSreqJredbrtt1bid~ NopllnOfiQnOr~bwtha~of

CiCIfldIonI th or hIreIbr_ra Of (W CIIMMn on PI __ blddIw to III t-=-~~ and irwaIgiIOnIto k ewIfy deIIIl the f1II1Wlmentl Of the ccnr1lCl _ _ __ _ __W__(_S) _ CltnrtltIor

~CI aMrd d IMt conIrICt SAWS IhtI hMoe rtght to CiInCIId oniIrs upon 01 ConIJ-=- to dIIIiyenIty n in 1WGPQUf SAWS SfIM 8110 h8we ~ rigtIt to 0Idet naeriilh ~ COIJ1IIIRIbIedelSilnandqu8ltyittequtltDa~itIIClIdIIdkardIno~frclMiWIy~~nIlOchCotII forcIfknnce~ofmateriamp~

2 PREPARATION Of lIDS 81C11 be tftPIAdlftllCClOfdne ~ () TheBiddlt fumtsh 81 1nreIohdbythe tidbm TtIe bidder pitfor typIthlSfInd 1NIIIoII~tndal~1I ShIM Gnwbkttentry 1$ madre (b lNprioes betLflaiMt -rar_nIiortCII UIilprice ~

(e)(d) Where____ ~cfbull ______ and l1li kWIIIIIaft tor bid IIIppnMIcf ~ hie br~ nat so cleItoIIJIIMtd yenIIiJI rQ be ~~-_ unfeU autuiud in wi1in by U connctinDafIIJcwIlhIn ttwtt- JIiot apeMIJ

(e) 8ktders lrdincUtlildlnl_inllld tinceSAWSIltomPllVlltGf A_~~wbeUnlshed~

DIIOIIPTIOII Of IUPllElIMIt __ or ~ f1IIInncIa in-dIKIbIg ltemll~ and nat restrlclMGIifIIIrwiM -d cnyto tndc_ al(I qJIIty of lTIIIleria WMn itent ~ dffer in ~__--_ _ _ _ _d_ oonose _ _ ___

4 QUAIITfTItS 81cfid1rs laquo~~CUtng ~IIIIIffOd nclCIIIcutMItt ~ poIIyOlSAWShoMverbullbull OI~blqInoaldCCJhdlng1O tS1IItbin Oftclull~CI~_ OI IIICII1tlfIIch~wtd aan-certlln __ CIIiIIulIJIedDft dlUllliBafa~ ehttlTight~ ~ccntractperiDd_S tlIMglUCt-PWiOCtSAWStnl~dIO_ ~any(JthelllmlarfMYdIIIIte or__ _the tIld~cr~ __ Undlrlivdl cannel_ _ __ __ __ __-

tudI~pIQpOHId on bISAWS~righltobld~inSAWfr~middot bull An~bkIdIIMd_cnWllhkhilimcrtlof tidillt ~ IIIsI then bull h ITWlel ptce or tIkIderI COlt _ aID n- tiddlllr GIll OWIQII tid but crI bull ~ alae-r SAWS resene riOM to8 ita ~RtctfliUi(jtbkI~ 1f1fldl twd ~SAWS 1heCOf1htt $AW$retii8fWSto~ar aud1i1enwfnlm~tobe~ orWCllk II) be

~0f8101 ) 8IdII tnd ~ lhIIbe encllOledln~-ape ~toCoMIIdhI 0fJtCIItS- MIanIoW_ ssaem 1hI ~ bull d tiddar1he date nhcu oftid opening aruI

__(b) __hllNOfmaeialar_ tidon- CtSAWS0IAIidt_ tel ~IIIUIt alJbMllledwltNntlll_~ ftO tI)SAWS IfnolOyenedorused dIrinQ ber~upanbullbulltidOInaplfllbull ___OIII11OD11CAllOH Of 81)8

BtrtlbeIme fOr bltdtlJlWllt9the ~Of~OfIctit ~ JftDiIIIMf~rWIII1ce~lUChlllGle8 reeehoedpiorlO IImt_dIiWI Ntfar tido~ oe-wu andmodlcltanalaquo ~ receMdfm1 _tor tfdopllllllrG tJensmedunopene4

1 DIIICOlJNTS () PfIynwtt cb~ wI1 be rcnkIIrMin ng d~1Dd of dlCOILIt cPftnd 1amp StftciIRto paymenllIIIhI aUCh period in CGIntI dtluslness The I1IIIUe of ~~

8IsGbII~IC1 (b) canon Mh any ~t1IIWbull be ~flaquom ell ~ Of IampCIPIes orJehlCe laquohrfn carrea1IWCice Isrtclliilled ~ dille ~iI dttmedtobe INIdI

on1he date 01 nIIng of the cfIeeIL SElLERS 11_() __ ___ __ ___5-__- _O Nobull __ _ _

(b) lWaicallil natmdyCI-n_receiipof~orlrMJiCel~ --------EXf_ Of _AI CONTRACT SAWS rwetMI ftamp ~ flO ~ 1fIIIIPIOIII to -nd _ tonncI ___ en pettod Of men taII ON arIUtItKt alfN tems eondions bull enunwraled lit me tern and CCtIdIIona cI~tor bt amt a price f1lpriCa noIto 1IIC88d_~

10 AyenfARD OF CCraquofTRACTr) The Connctthe bIdIiIr tJld~tothe ~_bIdl1I naI toSAWS b BIdders -dngOl~ablcfis~cI andDty~ The clwd1~(1) _ __-_

(2) _SAWS-_____ _ __

(l) __in SAWlr)ldleftWlt lOwbddlJr is noI SAWS to -d he ccnnrtto the 6iddIra ltil nattbe fJlSAWS~ton-d~ on riI in bi Oller ctffIrwtCaamplnbMkPlCa tlfleit8fn SAWSreurves tWUtotUe~ tdln_Nyenift ~cfSAWS to ~fcIIIowI

(1) 1IojIIcI(2) ___ _ _

3 ~bIQft_a-tsfJI~OIhertNnpice ~ ---111 rlfbidl is _IIiIMIr n ncfIctionof 8oardtlTfUItN$ In bIddIr prceestlhe ~ rteGltlnelldIJdbythe ~Ing chiIimlhe(C) SAWS=-==--=I~mtMlnQOf8oInf_~lWIfWIgpricrto d

(d) ____SAWS __ _

11 REJICT1OIOSAWSOf (a) __ _ _

1 n1iddIr~ft MIin1idI 1M1id ____COIIfcImtothe_the~OItid

a 1hI1id II cardIonaI ~

4 _ Thltbldll~__noI SAWS _ _ _bld _ d __SAWS~

CD) SAWSIWIttWIIDNIiJCtor tIkII1O~tIIdIOI_~btSAWSto _-tand fortnIIMlaquo it ND_IIOckoMIW~cftclWorOlltMlHdWorwh_ OIIIIitrd anwhtIhor lhtllbanOlkworOI 13 == CltrOlMtGIthI _ --or 01 AftyQIII Ol ~_ blIIOf~YfIICl

(OJ ___ _____dOhOIy_--________ (II) _ UnIt_ _ bid______ W_ _ __ __-_ shy~

~In_ _~_bt_~_ I11III1110001_) A__ _____(e) _ --Ild(st- _ _- ____ - _____ __

_ _ _ ___- - --InMOy- - ----- -1 A __ _ _ _ _ ___ __~ ~ 111___ -_ _____bull_-___bull_flr___ _ ____r0IIIC0rto~ prtcellJtor fIw1IIIlIddiIr fie ~ 0fticAr ~ wfntpect fte perfIw1t~ price _or ~ In Iheolktt

104 EQUAL MIIIOvtfT 0PPCNnlIfiY All conncaln dS10OOOOOoallhft t5laquo1IIIQhWUdt() TIIIt_ _ _ TIIIt_ _ _ ____- _ shy

=~=-==== =n~-~~====r~---__ __shy(b) IpGt ItICIfthCW to SAWS bull Ind parnit __ 11) fICOIdI and _1w ~ Of to ~~ rufeJ- shy_ flAWS(c) If fourdnatlD be In ~ thenat fllIit-ot cannct tlllcaNNClny ~~ or urpendId tn laquo In part QIf1hcID (My ~trom

(d) AI iiddIraor~canncDsor~totubmlt Mdlaquo~-tn SIgnad OIIciIIIft ln Of~fIO~ u~-_~dDnaI___ _ Gn OIoJIIIrIIIgIan ~arIgi__ _ __3 __-~Acl(el Tho _Ordlr201bull _ _~~

Of1_~~farand~inCilllllMelanHUODIiaIId15 8I)8QNO

A ttId bond be ~ If SAW$~~-- ~__ tl -CIt tOIhct SAWS s1LtOOOOO rbfd bowIt II~ _mull tal ~bp Bid8ond c-otChtclaquoCatitII ChID DIi laquo~tn 01 __ hnMtft) bid I4JCGInft II) ~Snobid~

unIIultilin~IIith__ 8Gndll0Ic-1tu _1IiI___ crawt and ~--- ~ _ ___ _ __ 0 -_ SlktBondlaquo~

11 FUNOIIG __ In fie _ _ _____ ____SAWS In tNa cowact tD to HCIn or far Oller cn vwnU - to jnMdIww Md iCQnWCl copita bullbull UCC 1iIngI-d factOtInO SOWS_IO - __ assIgrwnreM

~flIMIIt~to Otin t8ed_~bJ II)YWdlrIneeolIIIIIJIcaI fthokIIr

~~

17of21

SAWS STANDARD INSURANCE SPECIFICATIONS (Specifications)

I Commencing on the date of this Contract the Contractor shall at his own expense purchase maintain and keep in force such insurance as will protect him and the San Antonio Water System (SAWS) and the City of San Antonio (the City) and their employees and agents from claims which may arise out of or result from his operations under this Contract whether such operations are by himself by any sub-contractor supplier or by anyone directly or indirectly employed by any of them or by anyone fur whose acts any of them may be liable including without limitation the following

a Worken CompensatioD (WC) insurance that will protect the Contractor SAWS and the City from claims under statutory Workers Compensation laws disability laws or such other employee benefit laws and that will fulfill the requirements of the jurisdiction in which the work is to be pertbrmed

This insurance shall be endorsed to provide a Waiver of SubrogatioD in favor of SAWS and the City with respect to both this insurance coverage and the Employen Liability (EL) insurance (as specified immediately below in section lb)

b Employen Liability (EL) insurance (Coverage B under standard Workers Compensation policy) that will protect the Contractor SAWS and the City fur damages because of bodily injury sickness disease of vendors employees apart from that imposed by Workers Compensation laws The employers liability insurance shall have minimum limits ofliability ofnot less than

$ 100000000 Bodily Injury by Accident 100000000 Bodily Injury by Disease - Each Employee 100000000 Bodily Injury by Disease - Policy Limit

c Commerdal General Liability (CGL) insurance that will protect the Contractor SAWS and the City from claims fur damages because of bodily injury personal injury sickness disease or death and insurance that wilt protect the Contractor SAWS and the City from claims fur damages to or destruction of tangible property ofothers including loss ofuse thereof

This coverage shall

bull Cover independent contractors

bull Not include any exclusions relating to blasting explosion collapse ofbuildings or damage to underground property where applicable

bull Afford coverage fur Products Liabilityandor Completed Operations and Contractual Liability

The minimum limits ofliability fur this coverage shall be

$ 100000000 Occurrence Limit 200000000 General Aggregate

180f21

100000000 ProductsCompleted Operations Aggregate 100000000 Personal and Advertising Injury

5000000 Fire Legal Liability 100000000 Contractual Liability

This insurance shall be endorsed

bull Naming SAWS and the City as an Additionallosured and

bull To provide a Waiver of Subrogation in favor ofSAWS and the City

d Comprehensive Automobile Liability (AL) insurance that will protect the Contractor SAWS and the City from claims for damages arising out ofthe maintenance operation or use of any owned non-owned or hired vehicles Minimum limits of liability for bodily injury and property damage combined shall be not less than $100000000 per each occurrence

This insurance shall be endorsed

bull Naming SAWS and the City as an Additional Insured and

bull To provide a Waiver of Subrogation in favor ofSA WS and the City

e Umbrella LiabiUty (UL) insurance in the amount ofS200000000 This policy shall be ofan Occurrence type and the limit of liability shall be concurrent with (following form) and in excess of the EL CGL and AL insurance coverage as descnbed in paragraphs lb lc and Id above

f Contractors Pollution Liability Insuraoce with limits of $1000000 per occurrencelS2000000 in the aggregate The policy shall provide claims made coverage for all claims liabilities damages costs fees and expenses of any kind or character arising out ofany Pollution Condition(s) (as defined below) that js in any way related to CONTRACTORs operations actions or inactions and completed operations associated with any work performed by Contractor its subcontractors or any of their respective employees agents representatives or officers under this Contract Coverage must be maintained for a minimum of twenty-four (24) months after the end of the Contract term or ifthe Contract js terminated fOr any reason fOr a minimum oftwentyshyfour (24) months fOllowing the date of termination The policy retroactive date will be no later than the Contract start date

Pollution Condition(s) means the djscharge dispersal release or escape of any solid liquid gaseous or thermal irritant or contaminant including but not limited to smoke sewage vaplrs soot fumes acids alkalis toxic chemicals medical waste and waste materials into or upon land the atmosphere or any watercourse or body of water including groundwater provided such conditions are not naturally present in the environment in the amounts or concentrations discovered

The Contradors Pollution Liability losurance will pay on behalf of the CONTRACTOR SAWS and the City of San Antonio all claims demands damages liabilities costs fees and expenses of any kind or character fOr bodily injury or death

190f21

property damage environmental or natural resource damage and any fines fees assessments or penalties of any kind assessed by any governmental department agency or commission that resuh from or are related to a Pollution Condition(s) Coverage will include all subcontractors hired by CONTRACIOR to perform any work under this Contract

The policy shall also include the fullowing provisions

I) Coverage fur bodily injury to include physical injury sickness disease mental anguish and emotional distress sustained by any person including death

2) All costs that are related to or that arise out of or from the investigation or adjustment of any claim or in connection with any court arbitration mediation state administrative hearing or other proceeding ofany kind including attorneys fees expert witness fees costs charges and expenses of any kind or character that arise out ofor that are related to a Pollution Condition(s)

3) Coverage shall be Primary and in addition to any other valid and collectible insurance carried by SAWS and the City of San Antonio as respects to this Contract

4) Coverage fur Natural Resource Damages and any fines fees penalties or assessments by any governmental agency commission or department related to any Pollution Condition(s)

5) Insured versus Insured exclusion if fuund in the policy shall not apply to a claim by an Insured who qualifies as a Client of the Named Insured under the policy

6) IfNon-Owned Disposal sites are used for disposal ofwastes these sites shall be specifically included under the Contractors Pollution Liability Insurance policy and

7) Coverage for punitive exemplary and multiple damages

Automobile Liability policy ofCONTRACIOR halliing QlJy quantityof fluorosilicic acid shall either be endorsed to provide coverage under the TE9948 endorsement or the Contractors Pollution Liability Insurance policy shall be endorsed to provide transportation coverage beyond the boundaries ofthe testing andor delivery site(s)

2 Contractor shall require Sub-contractors to carry insurance coverage appropriate to their scope ofWork

3 Contractor shall furnish a completed Certificate ofInsurance which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage limits and termination provisions shown thereon

4 The insurance that is required under these Specifications shall be written so that SAWS and the City will be notified in writing in the event of cancellation restrictive endorsement or nonshyrenewal at least thirty (30) days prior to such action

200[21

5 Certificates of Insurance shall be filed with the System 10 days prior to the SAWS Board of Trustees award of the Contract The SAWS Contract namelBid number shaD be included in the Description of Operations section located in the bottom half of the standard ACORD Certificate furms

Certificates shall be mailed to SAWS directly to

San Antonio Water System Attention PurchBSbtg Division P O Box 2449 San Antonio TeDs 78198-1449

Contractor shall be responsible fur obtaining Certificates of IDsunnce from the first tier Subshycontractor and upon request furnish copies to SAWS

6 Separate Certificates of Insurance shall be filed with the City ofSan Antonio] 0 days prior to the SAWS Board of Trustees award of the Contract The SAWS Contract namelBid number shaD be included in the Description of Operations section located in the bottom half of the standard ACORD Certificate furms

Certificates shall be mailed to the City ofSan Antonio directly to

City ofSan Antonio Attention Risk Management PO Box 39966 San Antonio TX 78283-3966

A copy of the certificate of insurance provided to the City of San Antonio shall be provided to SAWS at the same time

7 Contractor is responsible for all deductibles under all ofthe insurance policies reqilired by these Specifications

8 The stated limits of insurance required by these Specifications are MINIMUM ONLY and it shall be the Contractors responsibility to determine what limits are adequate and the length of time this coverage shall be maintained the insurance limits are not a limit of the Contractors liability

These minimum limits may be basic policy limits or any combination of basic limits and umbrella limits SAWS acceptance of Certificates of Insurance that in any respect do not comply with these Specifications does not release the Contractor from compliance herewith

9 Contractor agrees that an insurance policies required bYthese Specifications shall be with insurance companies firms or entities that have an AM Best rating of A- (A- minus) and a Financial Size Category rating of a VII or better All insurance policies shall be of an Occurrence type except the Contractors Pollution Liability line ofcoverage

210f21

10 SURVIVAL

Any and all representations conditions and warranties made by Contractor under this Contract including without limitation the provisions ofSection lb ie and Id ofthese Insurance Specifications are ofthe essence ofthis Contract and shall survive the execution and delivery of it and all stalernents contained in any document required by SAWS whether delivered at the time ofthe execution or al a later dale shall constitute representations and warranties hereunder

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f

f

PENCCO INC Pioneer Engineering Chemical Company

AFFIDAVIT OF COMPLIANCE

This is to certify that the Hydrofluorosilicic Acid supplied by our company meets A WWA Standard B703-00 or the latest revision and is certified to NSFANSI Standard NSF-60

Signature shy

R L Home President

Name and Title ofOfficial

142010

Date

PO BOX 600 bull SAN FELIPE TX 11473

PHONE 919-885-0005 bull 800-864-174~ bull FAX 979-885-3208

INPOPENCCOCON

NSF Certified Products - Public Water Supply Treatment Chemicals Page lof2

NSF

NSF Product and Service Listings

These Listings were Last Updated on Thursday Janulry 14 Z010 at 415 AM Eastern Time Please contact NSF International to confirm the status ofany Listing report errors or make suggestions

Wami NSF is COIIccncd abot fradu 1 d-loIIdilll d iplaUolI ofwcbsik tOIl Ifyou havo relaquorod Ihis listiar in lIrd copy ys rorafirm tllis ccrtlflcatleDilistlac Infonnlion lIy COilli diretlly to hHnllmywnrforclCertlfOCllP1Ch_ibullbullblListilAlpfCOIIIQlnyNme-peDccoamp for tho latest most eatntl ifonnatlon

NSFANSI STANDARD 60 Drinking Water Treatment Chemicalsmiddot Health Effects

----------~-----~

PENCCO INC PO BOX 600 SAN FELIPE TX 77473 800-864-1742 979-885-0005

Facility DISTRIBUTION CENTER - RICHMOND CA

Hydrofluosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid

Product Function Fluoridation Fluoridation

Max Use 6mgIL 6mgIL

Hydrofluosilicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - SOUTH GATE CA

HydrofluosUicir Acid Trade Designation Product FlUlCtion Max Use Fluorosilicic Acid Fluoridation 6mgIL Fluosilicic Acid Fluoridation 6mgIL Hydrofluosiiicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - WILLOW SPRINGS IL

Hydroftuosllicir Arid Trade Designation Product Fll1ICtion Max Use Fluorosilicic Acid Fluoridation 6mgIL F1uosilicic Acid Fluoridation 6mgIL Hydrofluosilicic Acid Fluoridation 6mgIL

httpwwwnsforglCertifiedlPwsChemicalslListingsaspCompanyName=pencooampTrade111412010

NSF Certified Products - Public Water Supply Treatment Chemicals Page 20f2

Facility D1STRI BUTION CENTER - BALTIMORE MD

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Facility DISTRIBUTION CENTER

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Product Function Fluoridation Fluoridation Fluoridation

SEALY TX

Product Function Fluoridation Fluoridation Fluoridation

Facility DISTRIBUTION CENTER - WAXAHACHIE TX

Hydrofluosilicic Acid Trade Designation FLUOROSILICIC ACID FLUOSJLlCJC ACID HYDROFLUOROSILlCJC ACID HYDROFLUOSILICIC ACID

Product Function Fluoridation Fluoridation Fluoridation Fluoridation

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL 6mgIL

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httpwwwnsforglCertifiedlPwsChemicalslListingsaspCompanyName=penccoampTrade114120 10

PENCCO INC Pioneer Engineering Chemical Company

HydrofluorosiIicic Acid Bid QAlQC Info

Pencco meets AWWA Standards and is NSF Certified

Hydrofluorosilicic acid also known as HFS or FSA is a transparent colorless (water white to straw yellow) aqueous solution that is used in a variety of applications including the major end-use water treatment for fluoridation FSA is produced during the concentration of phosphoric acid in an evaporation process unique to the phosphate industry The vapor stream from the phosphoric acid reaction is scrubbed with water to form FSA from the naturally-occurring silica acid The final product is collected stored and tested prior to release for shipment Potential danger of contamination is minimized through compliance with NSF 60 NSF 60 typically checks sourlt)e product and any subsequent transfer before unloading into customer tanks

infopenccoCGm PO Bo 600 S Felipe Tens 77473-0600 9791885-0005 FAX 979f88S310ll

Refer FL-J43 September 2000

THE MANUFACTURE OF THE FLUORIDE CHEMICALS

All ofthe fluoride chemicals used in the US for water fluoridation sodium fluoride sodium fluorosilicate and fluorosilicic acid are useful byproducts of the phosphate fertilizer industry The manufacturing process produces two byproducts (I) a solid calcium sulfate (sheetrock CaS04) and (2) the gases hydrofluoric acid (HF) and silicon tetrafluoride (SiF4) A simplified explanation of the manufacturing process follows Apatite rock a calcium mineral found in central Florida is ground up and treated with sulfuric acid producing phosphoric acid and the two byproducts calcium sulfate and the two gas emissions These gases are captured by product recovery units (scrubbers) and condensed into 23 fluorosilicic acid Sodium fluoride and sodium fluorosilicate are made from this acid

The question of toxicity purity and risk to humans from the addition of fluoride chemicals to the drinking water sometimes arises Almost all of the over 40 water treatment chemicals that may be used at the water plant are toxic to humans in their concentrated form eg chlorine gas and the fluoride chemicals are no exception Added to the drinking water in very small amounts the fluoride chemicals dissociate virtually J 00 into their various components (ions) and are very stable safe and non-toxic

Opponents of water fluoridation have argued that the silicofluorides do not completely dissociate under conditions ofnormal water treatment and thus may cause health problems To counter these claims the basic chemistry of this dissociation has been carefully reviewed Scientists at the US Environmental Protection Agency (EPA) and CDC epidemiologists have examined the research that opponents of water fluoridation cite Both groups have concluded that these charges are not credible

The claim is sometimes made that no health studies exist on the silicofluoride chemicals used in water fluoridation That is correct We the scientific community do not study health effects of concentrated chemicals as put into water we study the health effects ofthe treated water Le what those chemicals become fluoride ion silicates and the hydrogen ion The health effects of fluoride have been analyzed by literally thousands of studies over SO years and have been found to be safe and effective in reducing tooth decay The EPA has not set any Maximum Contaminant Level (MCL) for the silicates as there is no known health concerns for them at the low concentrations found in drinking water Of course the measurement ofthe pH of the water determines the concentration of the hydrogen ion

Concern has been raised about the impurities in the fluoride chemicals The American Water Works Association (A WWA) a well-respected water supply industry association sets standards for all chemicals used in the water treatment plant including fluoride chemicals The A WWA standards are ANSJJ A WWA B701-99 (sodium fluoride) ANSJJ A WWA B702-99 (sodium

fluorosilicate) and ANSIIAWWA B703-00 (fluorosilicic acid) The National Sanitation Foundation (NSF) also sets standards and does product certification for products used in the water industry including fluoride chemicals ANSINSF Standard 60 sets standards for purity and provides testing and certification for the fluoride chemicals Standard 60 was developed by NSF and a consortium of associations including the A WWA and the American National Standards Institute (ANSI) This standard provides for product quality and safety assurance to prevent the addition of harmful levels of contaminants from water treatment chemicals More than 40 states have laws or regulations requiring product compliance with Standard 60 NSF tests the fluoride chemicals for the II regulated metal compounds that have an EPA MCL In order for a product [for example fluorosilicic acid] to meet certification standards regulated metal contaminants must be present at the tap [in the home] at a concentration ofless than ten percent of the MCL when added to drinking water at the recommended maximum use level The EPA has not set any MCL for the silicates as there is no known health concerns but Standard 60 has a Maximum Allowable Level (MAL) of 16 mgIL for sodium silicates as corrosion control agents primarily for turbidity reasons NSF tests have shown the silicates in the water samples from public water systems to be well below these levels

Arsenic according to NSF tests had an average of043 ugIL [parts per billion] in the drinking water attributable to the fluoride chemical Opflow a monthly magazine from the A WWA has found the arsenic level in the finished water from the fluorosilicic acid to be 0245 ugIL [OpflowVol 26 No 10October 2000] The NSF Standard 60 has a Maximum Allowable Level (MAL) of25 ugIL and EPA has a MCL of 50 ugIL although they have proposed to lower their MCL to 5 ugIL As you can see arsenic is less that III Oth ofeven the proposed EPA MCL Finally tests by NSF and other independent testing laboratories have shown no detectable levels

of radionuclides in product samples of fluoride chemicals There is no evidence that any of the known impurities in the fluoride chemicals have failed to meet any of these standards Opponents ofwater fluoridation have sometimes charged that industrial grade fluoride chemicals are used at the water plant instead ofpharmaceutical grade chemicals All the standards of AWWA ANSI and NSF apply to these industrial grade fluoride chemicals to ensure they are safe Phannaceutical grade fluoride compounds are not appropriate for water fluoridation they are used in the formulation of prescription drugs

Finally it is sometimes alleged that the fluoride from natural sources like calcium fluoride is better than fluorides added artificially such as from the fluoride chemicals presently used There is no difference There is no reason to change the opinion of CDC that water fluoridation is safe and effective

Thomas O Reeves PE National Fluoridation Engineer Program Services Branch Division ofOm] Health National Center for Chronic Disease Prevention and Health Promotion Centers for Disease Control and Prevention

2

8813 US Highway 41 South Riverview Florida 33569

EMERGENCY TELEPHONEmiddot CHEMTREC 1-800-424-9300

SECTION I PRODUCT INFORMATION

TRADE NAME Hydrofluosilicic Acid

CHEMICAL NAME I Hydrofluosilicic Acid

CAS NUMBER

CHEMICAL FAMILY

SYNONYMS

PRIMARY USE

SECTION II

FORMULA

COMPOSITION

SECTION III EMERGENCY OVERVIEW

16961-83-4

I norganic Fluorides

FluorosHicic Acid Hexafluosilicic Acid HFS FSA Auoridation of drinking water

COMPOSITION INFORMATION ON INGREDIENTS

H2SiF6

Hydrofluosilicic Acid 120-25

water 175-80

HAZARD IDENTIFICATION Large doses can cause nausea vomiting diarrhea abdominal buming and cramp-like pains Circulatory respiratory neNOUS complaints and skin rashes may occur Liquid

Health Hazards or vapor also causes severe irritation and bums Which will not be immediately apparent It also causes severe irritation to the lungs nose and throat If swallowed it can cause severe damage to throat and stomach

Physical Hazards Not applicable

Physical Form liquid

Appearance water White to straw yellow liquid

Odor Pungent

Toxicity Not identified as toxic by OSHA

NFPA HAZARD CLASS ~HAZARD CLAS Health 3

I Flammability 0

Instability Special Hazard 1

FlammabHity 1

Physical 2Hanrd

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOSt MOS16961061

POTENTiAl HEALTH EFFECTS

Acute - I Titant Chronic - Degenerative changes in the liver Fluorosis

POTENTIAl ENVIRONMENTAl EFFECTS

None listed

SECTION IV FIRST AID MEASURES

FIRST AID PROCEDURES

Eyes Invnediately flush with plenty of water for at least 15 minutes Get medical attention invnediately

Skin

Invnediately flush with plenty of water Remove contaminated clothing Discard contaminated clothing properly Get medical attention if irritation occurs or persists

Inhated Move to fresh air Administer oxygen Treat symptomatically Get medical attention promptly

Ingestion Give large quantities of water to patient if conscious 00 Not induca vomiting Seek medical attention promptly

NOTE TO PHYSICIAN Not applicable

SECTION V FIRE FIGHTING MEASURES

Flammable Properties

Flash Point Not applicable

Flammability Not applicable

LEUUEL Not applicable

Auto-Ignition Temperature

Not applicable

Extinguishing Media Small fires Water spray foam dry chemical or CO2

Large fires Water spray fog or foam

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOS MOS16961061

Wear selfcontained breathing apparatus with full protective clothing

Protection of Firefighters

Dangerous when heated to decomposition highly toxic and corrosive fumes of fluorides are emitted Will react with water or steam to produce toxic and COITOSive fumes May generate hydrogen in contact with some metals

SECTION VI

RESPONSE TECHNIQUES

ACCIDENTAL RELEASE MEASURES Small spills Contain spill and stop leak if it can be done without risk Use sodium carbonate or a mixture of soda ash and slaked lime sand or noncombustible absorbent material to soak up material Place in DOTmiddotapproved poly container and dispose of properly

Large spills Use same procedure as above Isolate spill area and deny entry Prevent discharge into waterways and sewers Material may be neutralized with sodium carbonate or a mixture of soda ash and slaked lime Contact proper local state or federal regulatory agencies to ascertain proper disposal techniques and procedures

All waste to be collected in a DOTmiddot IPOlY drum for disposal

= SECTION VII

HANDLING

HANDLING AND STORAGE

Avoid contact with eyes skin and clothing Wash thoroughly after handling Maintain proper hygiene practices when handling this product

STORAGE Use DOT-approved poly drum for storage

SECTION VIII EXPOSURE CONTROLS I PERSONAL PROTECTION

ENGINEERING CONTROLS

Eye wash and shaNer stations should be available where acid is being handled

PERSONAl PROTECTIVE EQUIPMENT (PPE)

EyelFace

Skin

Respiratory

Splash proof goggles and fullmiddotface shield should be worn at all times Acid proof gloves headgear protective shoes and clothing should be worn to Drevent contact Use respiratory for 20ppm or less concentration Use a self-contained breathing apparatus for concentrations of greater than 2Oppm

Other None

GENERAL HYGIENE CONSIDERA nONS

Avoid breathing fumes Avoid ingestion Wash thoroughly after handling Avoid contact with eyes or skin Use in adequate ventilation

EXPOSURE GUIDELINES

OSHA Permissible Exposure Limits (PEL) 25mgFm3

ACGIH Threshold Limit Value (TLV) 25 rng Fm3

Status New Issue ~ate February 3 2006 Section(s) Revised NlA MSDS MOS16961061

SECTION IX PHYSICAL AND CHEMICAL PROPERTIES

Note Unless othetWise stated values in this section are determined at 20middotC (68middotF) and 760 mm Hg (1 aim)

Flash Point Not applicable Flammabilityl Explosive Limits ()

Not applicable

Auto-Ignition Temperature

Not applicable

Appearance Water white to straw yellow liquid

Physical State Liquid

Odor Pungent Molecular Weight of Pure Material

14411g1mol

pH 12 Vapor Pressure (mmHg)

Not applicable

Vapor Density (air=1)

Not applicable

Boiling Point 2223 OF

FreezinglMelting Point Not applicable

Solubility in Water Not applicable 100 soluble in water

Specific Gravity 12

Volatility Not applicable

Bulk Density 98 Ibslfemiddot 25 Sol 77DF

SECTION X STABILITY AND REACTIVITY

Chemical Stability Stable

Conditions to Avoid Avoid all heat sources

Incompatible Materials Avoid contact with metals stoneware strong acids and alkalies explosives toxicants readily oxidizable materials alkali metals combustible solids and organic peroxides

Hazardous Decomposition Products

Extreme temperatures such as a fire cause formation of highly toxic and corrosive fumes of fluorides such as SiF and HF Hydrogen gas may be fonned at temperatures above 227DF

Corrosiveness Attacks silica bearing materials metals and stoneware Hazardous Polymerization

Will not occur

Status New Issue Date February 3 2006 Section(s) Revised NA MSDS MOS16961061

SECTION XI TOXICOLOGICAL INFORMATION

Acute Oral Toxicity 430 mgkg oral-rat LD50

Acute Dermal Toxicity 140 mgkg LOLo (Frog)

Mutagenesis No data available

Target Organ No data available

Developmental Toxicity No data available

Carcinogenicity No data available

SECTION XII ECOLOGICAL INFORMATION

ECOTOXfCOLOGY No data available

SECTION XIII DISPOSAL CONSIDERATIONS

Keep in covered DOT-approved poly drums pending disposal Handle and dispose in full compliance with an applicable Intemational Federal State and Local reQulations

SECTION XIV TRANSPORT INFO

Regulatory Status None established

Proper Shipping Name Hydrofluosilicic Acid

Hazard Class Class 8 (corrosive)

Packing Group II

Identification Number UN1778

Guide Number 154

SECTION XV REGULA TORY INFORMATION

CERClA Not Regulated RCRA 26133 Not Regulated

SARA TI11E III Section 302 Not Regulated (ExemptIons at 40 CFR Pan 370 may apply for agricuIIural use or lor quantllies of less

SectIon 304 Not Regulated Section 3111312 Acute and Chronic

than 10000 pounds _lie) Section 313 Not Regulated NTP tARC OSHA Recommended for Study IARC group 3 Not regulated by OSHA

(PSM) Canada OSL and NDSL On Inventory TSCA On Inventory

Status New Issue Date February 3 2006 SectIon(s) Revised NlA MSOS MOS16961061

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS Usted as Fluorosilicic Acid CBSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUED REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMATION THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are fumished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4001shy1998

Note to (if 8IlpicBble)

Status New Issue Date February 3 2006 Section(s) Revised NlA MSDS MOS16961061

I

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS listed as Fluorosilicic Acid CaSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUEO REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMAnoN THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are furnished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4OO1shy1998

Note to __ (d 8pP1icab1ei

Status New Issue Date February 3 2006 Section(s) Revised NJA MSDS MOS16961061

DATE IIlIMIOOIYYY) nleO

IROOIJ(EII 1-113-623-2330

ACORD CERTIFICATE OF LIABILITY INSURANCE I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERllFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR

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If SUBROGATION IS WAIVED subject to the teons and conditions of the poHcy certain policies may require an endorsement A statement on this certificate does not OJOfer rights to the certificate holder in lieu of such endorsement(s)

DISCLAIMER

The Certificate of Insurance on the reverse side of this foon does not constitute a contract between the issuing insurer(s) authorized representative or producer and the certificate holder nor does it affinnatively or negatively amend extend or alter the coverage alforded by the policies listed thereon

ACORD 25 (2001108)

SUPPLEMENT TO CERTIFICATE OF INSURANCE I DATE 11180

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SAN ANTONIO TEXAS 78298middot2449 TABULATION OF BIDS

Annual Contract for Fluoroslficic Acid (February 2 2010 through February 1 2011) 300 pmbull January 19 2010

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2 1 ea 23 nominal Fluorosilicic Acid 55 pilon drum

UNIT PRICE 630

3 Split Delivery Fee (stop charge) 227 deliveries UNIT TOTAL 11000

4 Expediated Delivery UNIT PRICE 92500

APPRO~ATETOTAL TOTAL 50000000

Tenns

Delivery Days

1 20 days

5-6 days

1

BID INVITAnONS WERE MAUD TO ANDOR PICKED UP BY

Pennco SAWS Website Napea Chemical Cobull Inc Demandstar OXl UnivarUSA

Page 6: 331 Twisted Wood Dr.coalitionforsafemeters.org/TFSDW/PENNCO_Contract_2010.pdf · At the February 2,2010, meeting of the San Antonio Water System (SAWS) Board of Trustees, you were

2

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMALI~A~ON~=D~(~~~ti=n~==~)_______________________

Page No 4 No Pages 21

Item Estimated Unit Total No Amount

OPTION 2

PRICE INDEX TO BE UTIUZED NA - based on submission of proof of price increase in product andor fuel

One Year contract Firm-fixed pricing for first six (6) months with price adjustment upward or downward based upon price index at 6 months The San Antonio Water System (SAWS) reserves the right to extend the contract period for three (3) additional one-year periods with price adjustment upward or downward based upon price index every 6 months should such an extension be mutually agreeable to SAWS and the Contractor

ESTIMATED Pricegallon TOTAL OUANTITY 1 YEAR

230000 GL Item I 23 nominal Fluorosilicic Acid $4542

$34650drumI ea Item 2 23 nominal Fluorosilicic Acid 55 lallon dnnJ 6 3 0

Item 3 Split Delivery fee (stop charge) $11000 ea NA

Item 4 Expedited Delivery $_9_2_5-----O_O__ea NA per truck plus listed product price

104500650TOTAL OnION 2

STANDARD REQUIREMENTS

I SAWS will evaluate optioos proposed to determine the best value for SAWS Award will be made to the overall lowest responsive bidder All items under options to be awarded together

It is anticipated that award of this contract will be made within 60 days following the date ofthe bid opening

3 Questions pertaining to bid procedures sball be directed to Ms Yvonne Torres CPSM CPM Purchasing Manager at (210) 233-3821 or e-mail at ytorressawsorC

4 All technical questions shall be directed to Mrs Floramie Welch at (210) 233-3744 or via e-mail to fwlechSawsorg Copy ofall questions shall be sent to Yvonne Torres

5 Questions are due in writing no later that 120 PM OD Friday Jouary 8 2amp10 Questions shall be sent to Yvonne Torres

6 Veodor must maintaiD and submit iDsuroee eertifieate as detailed in General Conditions Item 38

7 It shall be the responsibility ofthe vendor to unload and place the Fluorosilicic acid in the designated locatioos

Pencco Inc Name of Bidder (Company) (print or type) Signature of to Ilgn bidMon~~a Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMALINVITATlON BID (continued)

Page No 5 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

8 Successful vendor will receive an award letter upon selection Each delivery requested by SAWS will have a separate Purchase Order number

SPECIFICATIONS

1 Product shall be Fluorosilicic acid nominally 23 concentration shall be between (ll - 25) percent by weight in accordance with A WWA B703 latest revision and ANSlINSF60

2 A certified copy of the NSF 60 Certification ofthe product shall be submitted annually The vendors QCQA program shall be submitted for review by SAWS with the completed bid document A certificate of analysis shall be provided with each bulk load A preliminary Certificate of Analysis can be submitted with the delivery and a final certificate can be submitted within two days after the delivery to Velma Paniagua via facsimile at (210) 233-4151 or bye-mail at vpaniaguasawsorg

3 Please contact Floramie Welch at (210) 233 3744 for technical information concerning this contract and scheduling ofsite visits Delivery will be scheduled and coordinated by Velma Paniagua at (210) 233 3347 (vpaniaguasawsorg) or Al Delgado at (210) 233 - 3363 (adelgadosawsorg) or their designated representative Vendor must respond within 24 hours of receipt or order to same with delivery date Any delays in delivery must be communicated to individuals above

4 Vendor will be required to supply approximately (230000 gallons) annually of product in bulk tank loads FOB product usage varies with seasonal ambient temperatures and pumpage See attachment pumpage table at end of this document for the annual (estimated monthly quantities up to 125) by pump station

5 Deliveries shall be made within 5-7 calendar days including weekends and holidays after notification by authorized staff

6 All deliveries shall arrive at the designated SAWS facilities between the hours of7am - I lam SAWS normal hours ofoperation are from 7am to 330pm

7 Bulk tank load shipments of fluorosilicic acid must be delivered by truck equipped with a separate pressure system to unload into the bulk storage tanks on SAWS sites Each truck shall be equipped with sufficient length of hose and provide the necessary connecting fittings for their transport equipment to accommodate unloading facilities at the delivery site Each truck will be fitted with an air compressor or equivalent to empty product from the delivery hoses Additionally delivery trucks shall be equipped with a metering device to measure material loads by gallon Vendor shall document and provide metering start reading and each stop (name location) along with reading Information shall be provided upon completion of delivery to SAWS Vendors invoice shall also include information defined above for each delivery

8 Vendor will be responsible for unloading bulk tank load shipments at the primary pump station sites and refill ofonsite storage tanks at the secondary pump station sites A stop charge may be included as part of the bid in the delivery for split shipments to more than one location after stop at Verification Location and first delivery stop

Pencco Inc Signabn 01 peram __ to sign bidNome 01 BIdder (Company) (pOnt -1)

Monica Avila Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 6 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

9 There shall be no foreign materials evident in the delivered product associated with previously transported materials in the delivery tanker (ie oils other chemicals or other residues) The delivery transport company if separate from the chemical supplier will be responsible through the supplier for the cleanliness of the delivery tank vessel The transport company shall provide a certification ofcleanliness of the tank interior for every delivery regardless of size stating the tank was cleaned and free of foreign materials prior to loading of the Fluorosilicic acid The supervisor or his designated representative has the authority to reject material load if evidence of foreign material in the delivery tanker is present

10 Bidders are responsible for familiarizing themselves with the product unloading facilities and conditions at the pump stations Some sites bave limited access due to street andor site configuration This must be considered by the vendor to determine delivery quantity and truck capacity vehicle size and type to assUe access to pump station sites The vendor is responsible for determining the site delivery requirements to the appropriate delivery method whether large tanker small transport truck nurse tank 55-gallon drum or other approved method The vendor shall furnish certified weight tickets for each tank load delivery showing gross tare and net weights

II Vendor designate (driver or emergency response team) is responsible for spillage and clean up at the point of deliVery Driver or delivery personnel must be equipped with personal protective equipment (PPE) while loadingunloading material Contractors personnel and equipment shall be fully equipped and capable of performing all necessary delivery operations in a safe manner without assistance from SAWS or its employees Anytime work is to be performed near pumps or acid storage goggles face shield rubber gloves and an apron are the absolute minimum PPE to be worn If acid transfers are to be made a PVC raincoat should also he worn

12 All shipments must contain material safety data sheets (MSDS) and packing lists that include a proper description purchase order number unit cost and name of the person placing the order

13 Vendors shall include in their bid response descriptive literatlUe ofproduct being bid

14 Estimated Quantities No minimum or maximum quantities of fluorosilicic acid are guaranteed for the period ofthis contract Estimated quantities are noted in the attached pumpage table

15 The vendor shall provide three training sessions of 4 hours each on product safety and bandling prior to the first delivery of the product and annually thereafter for product safety training Vendor must submit Training Plan to cover product details manufacturing transportation and required PPE for safe bandling per OSHA requirements Safety training will be coordinated with SAWS Safety Department Velma Paniagua or Al Delgado of the SAWS Production Department will provide the SAWS Safety Department Point ofContact to the vendor prior to scheduling the training The Production Department will assist in coordinating the training between the vendor and SAWS Training Department

16 SAWS reserves the right to do quality assurance testing of the product on a periodic basis to verify the physical characteristics andor chemical content SAWS will also visually examine each load prior to

Pencco Inc

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 7 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

discharge from the vendors transport trucktrailer The vendor should allow for visual observations andor periodic physical testing to be done by SAWS Periodic physical testing may require up to one hour of additional time prior to unloading of product There will be NO demurrage charge for the one-hour time allowed for the physical testing Vendor must break the material seal collect the sample and hand it over to SAWS representative Under no circumstance will a SAWS employee be allowed to climb into truck and collect a sample

17 Notification The Contractor shall fax or e-mail the following information DO later thaD 200 pm the day prior to the scheduled delivery date to the SAWS representative ordering the shipment

Truck and tanker identification Drivers name and drivers license number Name ofcontract carrier if pre-authorized by SAWS Estimated arrival time and date Serial numbers of tanker trucks (ifapplicable)

middotSAWS shall provide a list ofcontact names and fax numbers after bid has been awarded

18 Delivery The delivery trucks wil first rqgtOrt to the Mission Service Center at 515 Mission Road for the chemical testing Periodic verification testing performed by SAWS or its agent will be in accordance with AWWA B703 After verification testing the truck will be dispatched to the delivery site and escorted at the site by maintenance personnel SAWS Points of Contacts are Velma Panaguai at (210) 233 3347 or AI Delgado at (210) 233 3363 for the site access and escort to various sites Delivery sites are listed below

Puml Stgtion Address AI Code 34 St 3939 Flagle 78237 Anderson 5025 W Loop 1604 N 78251 Artesia 703 At amp T Ctr Pkwy 78219 Basin 7110 Basin Drive 78216 Maltsberger 89] 0 Jones Maltsberger 78216 Marbach 7614 Marbach Rd 78227 Mission 605 E Theo 78210 Naco 13655 OConnor Rd 78233 Randolph 212 S WeidnerRd 78233 Wurzbach 6111 Wurzbach Rd 78238 Marlcet 106 W Maricet St 78205 Micron 7203 Micron Dr 78251 Winwood 28555 I lOWest 78257 Barbel 526 Pilgrim 78213 Brackenridge 13 amp 14 2300 Avenue B 78215

Pencco Inc Name of ~ (Comny) (print or type) Si9ngtOi-tosign bid

Monica Avila Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVIT AnON BID (continued)

Page No 8 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

Pamg Station Addness Zip Code Gateway 1 amp2 6615 RustJeaf 78242 Klaus 2660 Eisenhauer 78209 Lackland 6 amp 6A 8219 Five Palms 78242 LomaLinda 5218 Lorna Linda Dr 78201 Northwood 2319 Kenilworth 78209 Pipers Meadow 7721 Joe Newton 78251 Seale 254 SealeRd 78219 Sunshine 1929 S1 Cloud 78228 Sutton 942 Sutton Dr 78228 Turtle Creek 2 8523 Data Point 78229 Turtle Creek 3 8815 Data Point 78229 Walzem 127 Newport 78218 Woodlake 6663 FM 78 78244 Oliver Ranch 26293 US Hwy 281 N 78258

Damages Contractor shall be responsible for furnishing all required and applicable leak spill repair clean up equipment and kits for all vehicles making deliveries to SAWS facilities Contractor shall be liable for cleanup and lor repairs ofany damaged facility equipment by spillage or during chemical delivery caused by negligence or faulty equipment

Pencco Inc _afBl_(C_y) (pllnlortype) ~mca ~Bra Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 9 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

GENERAL CONDITIONS

1 This bid contains General Conditions and Specifications as well as in some areas other specific required information and material It is the bidders responsibility to be completely familiar with any and all requirements Failure to do so may result in bid being declared non-responsive

2 Any manufilcturer brand and model numbers used in these specifications are for the purpose of describing and establishing minimum requirements or level of quality standard of performance and design required and in no way intended to prohibit the bidding of other rnanufilcturers items ofequal specifications

3 The section headings or paragraph captions contained herein are for convenience of reference only and not intended to define extend or limit any provisions of this contract

4 Prices must be quoted FOB SAWS receiving agency San Antonio Texas Upon award of a contract the supplier is obligated to deliver the goods to the required destination and bears the risk of loss until delivery

5 Bids may not be conditioned on minimum deliveries The quantities shown are estimates only and are in no way binding upon SAWS Estimated quantities will be used for the purpose of evaluation SAWS may increase or decrease quantities as needed

6 Freight will be paid only when SAWS has made a request for expedited delivery

7 It will be the bidders responsibility to be completely familiar with all specifications prior to submitting bid No extra payment for the work specified will be considered Bidder must include all costs related to this bid in their unit price

8 Bidder by submitting a quote acknowledges that they have read and fully understand all requirements and take no exceptions

9 Bidder by submitting a bid hereby agrees that all SAWS requirements contained in this bid document take priority over any attached brochures literature company stated warranties andor requirements unless specifically spelled out in a separate letter titled Bid Exceptions

10 Please fill in prices make one copy for your file and submit all pages of the original bid form The Bidder shall furnish all information required by the bid fann The Bidder shall print or type hislher name and manually sign the schedule and each continuation sheet (Delete item 2a of Terms and Conditions of Invitation for Bid) Copies aDd fued bids willoot be accepted Bids can be downloaded from SAWS website at wwwwawsorg

11 Bid shall be enclosed in a sealed envelope addressed to the Purchasing Division in accordance with instructions contained herein with the name and address of bidder date and hour of bid opening and title of the bid solicitation placed on the outside of the envelope No Bids should be returned by the bid opening date with No Bid indicated on the envelope in addition to the bid number and bid opening date SAWS assumes no responsibility for bids not processed due to the fililure of the bidder to identify the envelope as a bid response

Pencco Inc Name af Bidder (Company) (print or type)

AV11aSigure af persqn authorized IIgt Sign bid

Mon1ca Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 10 No Pages 21

Item Estimated Unit Total No-__Quanti~ty~__________---Descrciption Price Amount

12 If bidder obtains bid specifications via Internet the bid must be submitted in hard copy according to the instructions contained in this bid If in its bid response bidder makes any changes whatsoever to SAWS bid specifications SAWS bid specifications as published shall controL Furthermore ifan alternation ofany kind to SAWS published bid specifications is only discovered after the contract is executed and is or is not being performed the contract is subject to immediate cancellation

13 Bidders facilities and equipment can be a determining factor in making the bid award All bidders wiD be subject to inspection of their facilities and equipment

14 All subject price lists should be submitted with this bid and shall become a part hereof However if in the opinion of the SAWS Purchasing Agent it is impractical for bidder to include published price lists as part of this bid and to furnish any price lists andor written changes as required herein bidder shall permit the Purchasing Agent or hislher authorized representatives to inspect the pertinent published price lists andor written changes in the office of the bidder or at any other location approved by the Purchasing Agent

15 By submittal of this bid bidder certifies to the best of their knowledge that all information is true and correct

16 A bid that has been opened may not be changed for the purpose ofcorrecting an error in the bid unit price

17 Bidder must submit Material Safety Data Sheets with the bid for any hazardous chemical quoted or supplied under this quote

18 SAWS will not be liable for any costs incurred by a bidder in responding to the bid request

19 Damaged goods or goods received due to error by supplier will be returned and supplier will pay freight

20 If not aliqle purchase tile qlUllltlties SboWD are estimates ollly aad are iD DO way biDdiDg DpoD SAWS Estimated quantities will be DIed tbr tile purpose of evlluation SAWS may iDcrease or decrease quantities U Deeded

21 When supplier cannot abide by terms and conditions in fulfilling the contract supplier must furnish service or goods from other sources at the contract price If supplier delays in the above SAWS reserves the right to purchase on the open market and charge supplier the difference between contract price and the purchase price

22 Bidder warrants that all deliveries under this bid will be of the type and quality herein specified SAWS may reject or refuse any delivery which falls below the quality required in the specif1C8tions and SAWS shall not be held to have accepted any delivery until after it has made an inspection of same and has had an opportunity to exercise this right of rejection

23 Bidder shall be responsible for alI charges which relate to the delivery of the goods to SAWS place ofbusiness and for the return to bidder of any goods fliected as being non-conforming under the specifications

Pencco Inc SignaIunt ~_10lion bid

Monica Avila Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONO TEXAS

FORMAL INVITATION BID (continued)

Page No 11 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

24 SAWS is the final judge ofproduct acceptability for items quoted on this bid

25 SAWS Specifications and Terms and Conditions provided with this bid document will prevail in the event of conflict with bidders

26 SAWS reserves the right to cancel this contract witb a 30 day written notice without cause

27 Termination-Breach Should vendor fail to fulfill in a timely and proper manner as determined solely by the Purchasing Director its obligations under this contract or violate any ofthe terms ofthis contract SAWS shall have tbe right to immediately terminate the contract Notice of termination shall be provided in writing to the vendor effective upon the date set forth in the notice Such termination shall not relieve the vendor of any liability to SAWS for damages snstained by virtue ofany breacb by the vendor

28 No oral statement of any person shall modify or otherwise change or affect the terms conditions or specifications stated in the resulting contract The SAWS Purchasing Division will make all change orders in writing

29 The successful bidder shall not sell assign transfer or convey this contract in whole or in part without the prior written consent of the Purchasing Division

30 The obligations of the parties hereto are performed in Bexar County Texas and if legal action is necessary to enforce same exclusive venue shall be within Bexar County Texas

31 Contractor shall defend indemnify and bold hannless SAWS from and against any liability loss cost and expense of whatsoever nature including those related to death bodily injury sickness disease andlor loss or destruction of property (including reasonable attorneys fees and costs of defense) resulting from Contractors performance of the services to the extent that such losses arise out of andor are attributed to the sole or concurrent negligence errors or omissions or strict liability of Contractor its employees Subcontractors agents or their respective employees Where liability is attributable to the joint negligence or fault ofContractor and SAWS Contractors duty of indemnification shall be limited to Contractors (and Contractors agents Subcontractors or employees) allocable share ofjoint negligence or fault

This indemnity shall be broadly construed to apply to all liability attributed to the concurrent and sole negligence ofcontractor and shall survive termination of this agreement

32 The goods or services furnished under this contract shall be covered by tbe most favorable commercial warranties given to any customer for same or similar supplies or services The implied warranties and remedies of the Universal Commercial Code are included in this procurement and shall apply to the issued purchase ordercontract

33 Prospective bidders must prove beyond any doubt to the SAWS Purchaaing Agent that they are duly qualified capable bondable etc to fulfill and abide by the specifications herein listed

Pencco Inc 5qIaItnt of ___10 sign bid

HameofB_(~) (pnntOitype)

Monica Avila Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 12 No Pages 21

Item Estimated Unit Total _N--o___O--u--a--ntity-___________Description Price Amount

34 Right to Audit (lump sum contracts) SAWS or its designated agent shall have the right to audit at any time the Contract related records and associated documents of the Contractor and Subcontractor Such right to audit shall be for the determination of the accuracy and validity of the Contractors and Subcontractors billing to SAWS and for verifying compliance with other terms and conditions of the Contract

35 Contractor and Subcontractor shall maintain aU records required to be kept by law rule or regulation or records required to document performance of the services specified in the contract documents The records shall be maintained for the period required by law for a reasonable period in the absence of the applicable law or for two (2) yesrs after completion ofall services whichever is greater Contractor shall provide to SAWS copies of such records as provided in the contract documents or as reasonably requested by SAWS after performance of the service

36 It is expressly understood and agreed by both parties hereto that SAWS is contracting with the successful bidder as an independent contractor The parties hereto understand and agree that SAWS shall not be liable for any claims which may be asserted by any third party occurring in connection with the services to be performed by the successful bidder under this contract and that the successful bidder has no authority to bind SAWS

37 The successful bidder agnes to indemnifY and hold SAWS harmless from any claim involving patent infringement or copyrights on goods supplied

38 If insurance is required the minimum insurance to be maintained shaU he in accordance with SAWS Standard IDsIUIUICe Spedtkations Bidder should submit a draft Insurance Certificate with Bid The successful bidder shall furnish a completed Certificate of Insuraoce which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage limits and terminstion provisions shown thereon Successful bidder will be required to maintain at all times during performance of the contract the insurance detailed in this bid document

Certificate of Insurance shall be filed with the System no later than 5 days after notification ofpending award of contract and before starting any work Certificates should he mailed to the Purchasing Division San Antonio Water System P O Box 2449 San Antonio Texas 78298-2449 CONTRACfORs CertHkate shan refereDce the SAWS bid Dumber at time ofsDbmittaL

39 The successful bidder shall mail invoices to the SAWS Accounts Payable Section P O Box 2449 San Antonio Texas 78298-2449 Invoices for payments and correspondence for this contract must reference the SAWS purchase order number

40 No officer or employee of SAWS shall have a financial interest direct or indirect in any contract with SAWS or shall benefit financially directly or indirectly in the sale to SAWS of any materials supplies or services except on behalf of SAWS as an officer or employee In this instance a SAWS employee is defined as any employee ofSAWS who is required to file a financial involvement report pursuant to the Citys ethics ordiuance

41 Any successful supplier required to perform any type of construction or service related work at SAWS location as a result ofthis bid or proposal must comply with all requirements shown in SAWS Health and Safety Program

Pencco Inc Name a( Bidder (CIlnIpanyI (print 0lt type) SIgnmint a( person auI1oIized lo sign bid

Monica Avila Bid Sec

SAN ANTOMO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 13 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

and Security Procedure No 2-11 Copies can be obtained from the SAWS Safety Officer at (210) 233-3616 Failure to comply with this requirement shall deem project in non-compliance and may result in immediate termination with cause

42 Suppliers employees performing work or making deliveries on SAWS property other than for a one-time drop shipment will be required to provide their employees with a photo identification badge that includes the company name no exception

43 Bid exceptions will be cause for rejection ofany bid at the sole discretion of the Purchasing Director

44 SAWS reserves the right to award this bid to more than one supplier

45 Award ofall bids and RFPs will be based on Best Value as determined by SAWS

46 In the event the San Antonio Water System Board does not appropriate tuuds for continuation of this contract for any fiscal year after the first fiscal year and it has no funds to continue this contract from other sources SAWS shall be released from its obligations under this contract

47 If a third party is used to ship mercbandise the shipping documents MUST include all SAWS Purchase Order Numbers

Pencco Inc SignaIuIe _IW_ 0 ~n bid

Monica AV11a Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVfTATlON BID (continued)

Page No 14 No Pages 21

Item Estimated Unit Total No Quantity Desaiption Price Amount

Security Requirements

Contractor shall ensure a Prime Contractor Data Form (PCDF) and a Background Saeening Letter (provided by SAWS Security) is properly completed fopound all employees performing work under this Agncment and on file with the SAWS Security Office prior to work commencement Subcontractors perfurming wort must be listed on the PCDF Contractor shan be responsible for the accuracy of information on the PCDF and fOr obtaining any and all required items (badges and parking tags) necessary to fulfilling the work under this Agreement The PCDF must be sent electronically to SCluritywoup(llIIwsorg Contractor shall advise the SAWS Project Manager of any employee terminations or changes to personnel perfurming work under this Agreement and Contractor sball immediately turn in any and all badges andor parking tags of employees who are terminated or no longer perfOrming work under this Agncment If there are any changes in the infOrmation contained in the PCDF or the Background Screening Letters Contractor shall immediately notifY the SAWS Project Manager and provide updated PCDF and Background Screening Letters with copies to securitygroup[iSllwsorg

Contractor and its employees and agents shall obtain a SAWS photo identification badge (Contractors Badge) and parking tag if necessary prior to any work on SAWS property which shall be used only fopound plllJlO5CS necessary to perfurm the work under this Agreement SAWS Badge Office bours are Monday and Friday 100 pm to 500 pm (hours are subject to change) Security Staff can be contacted at (210) 233-3760 or (210) 233-3616 A replacement fee shan be charged to replace any lost or damaged badges or parking tags As a condition of final payment Contractor shall return all badges and parking tags to the Security 0 ffice In the event Contractor fails to return all security badges and parking tags in addition to any other rights or remedies to which SAWS may be entitled at law or in equity SAWS may withhold from payment to the Contractor the sum ofS50000 dollars per badge or parking tag as liquidated damages Contractor agrees that the actual amount of damages fOr failore to return the badges andor parking tags are difficult to determine and the liquidated damages herein are not a penalty but are a reasonable estimate of the costs and expenses that may be incurred by SAWS for failure to return the badges or parking tags

Certain designated SAWS facilities Oist with SAWS Security) require a SAWS employee to physically escort Contractor at all times SAWS may in its sole discretion waive the escort requirements if the PCDF and a clean Background Screening Letter signed by an authcrized representative ofContractor are approved by SAWS Security

Subcontractors must always be under escort of the Contractor while perfOrming wort on any SAWS designated primary facility (list with SAWS Security) Subcontractors must display either a company photo badge with name or a valid driven license at all times while working on any SAWS property Contractor is solely responsible for the actions of its employees agents contractors and subcontractors

Due to changing security environments Contractor MUST be prepared fOr additional security requirements at its expense including background checks AiJy person fuund to have an unacceptable background check (as determined by SAWS review of submitted paperwork or other infurmation provided to or obtained by SAWS) will not be allowed to pertbrm work under this Agreement or on SAWS facilities Notwithatanding anything herein to the contrary any provisions in these Security Procedures that may appear to give SAWS the right to direct Contractor as to details ofdoing any work under this Agreement or to exercise a measure of control over any security measures or such work shall be deemed to mean that Contractor shall fullow the desires of SAWS in the resatD ofthe work or security measures only

Advance coordination by Contractor with SAWS Security office for these security requirements is necessary to ensure no delays with timely perfurmance of the work In the event Contractor fails to comply with SAWS Security requirements SAWS may with no penalty or claim against SAWS issue a Work Stoppage Order until the security violation (s) are remedied

PenCCD Inc Name ofBidder (~) (print or type) SiaoIIure at r$OIIJMh~ to IiIII bict

-MDn~ca Av~~a H10 Sec

~--------

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

____________F_O_RMAL_~IIMTAnON BID (continued)

Page No 15 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

IMPORTANT MAILING INSTRUCTIONS

Mark Envelope

DID NAME FLUOROSILICIC ACID

DID No 10-2088

OPENING DATE JANUARY 192010 TIME 900 AM

MAIL TO DELIVER TO

Purchasing Division Purchasing Division San Antonio Water System San Antonio Water System P O Box 2449 2800 US Hwy 281 North San Antonio Texas 78298-2449 San Antonio Texas 78212

NOTE It is the bidders responsibility to ensure that bids are received in the prescribed manner by the stated date and hour ofthe bid opening

-------------------------------------------Pencco Inc

SIIn8IIn of iIUtII_ IIgt sign bid Monica Avila Bid Sec

___

170f21

81___d _ __ tl-__1 GEJIIERAL COMDnIOMS

(a) _____ -__

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2 PREPARATION Of lIDS 81C11 be tftPIAdlftllCClOfdne ~ () TheBiddlt fumtsh 81 1nreIohdbythe tidbm TtIe bidder pitfor typIthlSfInd 1NIIIoII~tndal~1I ShIM Gnwbkttentry 1$ madre (b lNprioes betLflaiMt -rar_nIiortCII UIilprice ~

(e)(d) Where____ ~cfbull ______ and l1li kWIIIIIaft tor bid IIIppnMIcf ~ hie br~ nat so cleItoIIJIIMtd yenIIiJI rQ be ~~-_ unfeU autuiud in wi1in by U connctinDafIIJcwIlhIn ttwtt- JIiot apeMIJ

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4 QUAIITfTItS 81cfid1rs laquo~~CUtng ~IIIIIffOd nclCIIIcutMItt ~ poIIyOlSAWShoMverbullbull OI~blqInoaldCCJhdlng1O tS1IItbin Oftclull~CI~_ OI IIICII1tlfIIch~wtd aan-certlln __ CIIiIIulIJIedDft dlUllliBafa~ ehttlTight~ ~ccntractperiDd_S tlIMglUCt-PWiOCtSAWStnl~dIO_ ~any(JthelllmlarfMYdIIIIte or__ _the tIld~cr~ __ Undlrlivdl cannel_ _ __ __ __ __-

tudI~pIQpOHId on bISAWS~righltobld~inSAWfr~middot bull An~bkIdIIMd_cnWllhkhilimcrtlof tidillt ~ IIIsI then bull h ITWlel ptce or tIkIderI COlt _ aID n- tiddlllr GIll OWIQII tid but crI bull ~ alae-r SAWS resene riOM to8 ita ~RtctfliUi(jtbkI~ 1f1fldl twd ~SAWS 1heCOf1htt $AW$retii8fWSto~ar aud1i1enwfnlm~tobe~ orWCllk II) be

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1 DIIICOlJNTS () PfIynwtt cb~ wI1 be rcnkIIrMin ng d~1Dd of dlCOILIt cPftnd 1amp StftciIRto paymenllIIIhI aUCh period in CGIntI dtluslness The I1IIIUe of ~~

8IsGbII~IC1 (b) canon Mh any ~t1IIWbull be ~flaquom ell ~ Of IampCIPIes orJehlCe laquohrfn carrea1IWCice Isrtclliilled ~ dille ~iI dttmedtobe INIdI

on1he date 01 nIIng of the cfIeeIL SElLERS 11_() __ ___ __ ___5-__- _O Nobull __ _ _

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10 AyenfARD OF CCraquofTRACTr) The Connctthe bIdIiIr tJld~tothe ~_bIdl1I naI toSAWS b BIdders -dngOl~ablcfis~cI andDty~ The clwd1~(1) _ __-_

(2) _SAWS-_____ _ __

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(1) 1IojIIcI(2) ___ _ _

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17of21

SAWS STANDARD INSURANCE SPECIFICATIONS (Specifications)

I Commencing on the date of this Contract the Contractor shall at his own expense purchase maintain and keep in force such insurance as will protect him and the San Antonio Water System (SAWS) and the City of San Antonio (the City) and their employees and agents from claims which may arise out of or result from his operations under this Contract whether such operations are by himself by any sub-contractor supplier or by anyone directly or indirectly employed by any of them or by anyone fur whose acts any of them may be liable including without limitation the following

a Worken CompensatioD (WC) insurance that will protect the Contractor SAWS and the City from claims under statutory Workers Compensation laws disability laws or such other employee benefit laws and that will fulfill the requirements of the jurisdiction in which the work is to be pertbrmed

This insurance shall be endorsed to provide a Waiver of SubrogatioD in favor of SAWS and the City with respect to both this insurance coverage and the Employen Liability (EL) insurance (as specified immediately below in section lb)

b Employen Liability (EL) insurance (Coverage B under standard Workers Compensation policy) that will protect the Contractor SAWS and the City fur damages because of bodily injury sickness disease of vendors employees apart from that imposed by Workers Compensation laws The employers liability insurance shall have minimum limits ofliability ofnot less than

$ 100000000 Bodily Injury by Accident 100000000 Bodily Injury by Disease - Each Employee 100000000 Bodily Injury by Disease - Policy Limit

c Commerdal General Liability (CGL) insurance that will protect the Contractor SAWS and the City from claims fur damages because of bodily injury personal injury sickness disease or death and insurance that wilt protect the Contractor SAWS and the City from claims fur damages to or destruction of tangible property ofothers including loss ofuse thereof

This coverage shall

bull Cover independent contractors

bull Not include any exclusions relating to blasting explosion collapse ofbuildings or damage to underground property where applicable

bull Afford coverage fur Products Liabilityandor Completed Operations and Contractual Liability

The minimum limits ofliability fur this coverage shall be

$ 100000000 Occurrence Limit 200000000 General Aggregate

180f21

100000000 ProductsCompleted Operations Aggregate 100000000 Personal and Advertising Injury

5000000 Fire Legal Liability 100000000 Contractual Liability

This insurance shall be endorsed

bull Naming SAWS and the City as an Additionallosured and

bull To provide a Waiver of Subrogation in favor ofSAWS and the City

d Comprehensive Automobile Liability (AL) insurance that will protect the Contractor SAWS and the City from claims for damages arising out ofthe maintenance operation or use of any owned non-owned or hired vehicles Minimum limits of liability for bodily injury and property damage combined shall be not less than $100000000 per each occurrence

This insurance shall be endorsed

bull Naming SAWS and the City as an Additional Insured and

bull To provide a Waiver of Subrogation in favor ofSA WS and the City

e Umbrella LiabiUty (UL) insurance in the amount ofS200000000 This policy shall be ofan Occurrence type and the limit of liability shall be concurrent with (following form) and in excess of the EL CGL and AL insurance coverage as descnbed in paragraphs lb lc and Id above

f Contractors Pollution Liability Insuraoce with limits of $1000000 per occurrencelS2000000 in the aggregate The policy shall provide claims made coverage for all claims liabilities damages costs fees and expenses of any kind or character arising out ofany Pollution Condition(s) (as defined below) that js in any way related to CONTRACTORs operations actions or inactions and completed operations associated with any work performed by Contractor its subcontractors or any of their respective employees agents representatives or officers under this Contract Coverage must be maintained for a minimum of twenty-four (24) months after the end of the Contract term or ifthe Contract js terminated fOr any reason fOr a minimum oftwentyshyfour (24) months fOllowing the date of termination The policy retroactive date will be no later than the Contract start date

Pollution Condition(s) means the djscharge dispersal release or escape of any solid liquid gaseous or thermal irritant or contaminant including but not limited to smoke sewage vaplrs soot fumes acids alkalis toxic chemicals medical waste and waste materials into or upon land the atmosphere or any watercourse or body of water including groundwater provided such conditions are not naturally present in the environment in the amounts or concentrations discovered

The Contradors Pollution Liability losurance will pay on behalf of the CONTRACTOR SAWS and the City of San Antonio all claims demands damages liabilities costs fees and expenses of any kind or character fOr bodily injury or death

190f21

property damage environmental or natural resource damage and any fines fees assessments or penalties of any kind assessed by any governmental department agency or commission that resuh from or are related to a Pollution Condition(s) Coverage will include all subcontractors hired by CONTRACIOR to perform any work under this Contract

The policy shall also include the fullowing provisions

I) Coverage fur bodily injury to include physical injury sickness disease mental anguish and emotional distress sustained by any person including death

2) All costs that are related to or that arise out of or from the investigation or adjustment of any claim or in connection with any court arbitration mediation state administrative hearing or other proceeding ofany kind including attorneys fees expert witness fees costs charges and expenses of any kind or character that arise out ofor that are related to a Pollution Condition(s)

3) Coverage shall be Primary and in addition to any other valid and collectible insurance carried by SAWS and the City of San Antonio as respects to this Contract

4) Coverage fur Natural Resource Damages and any fines fees penalties or assessments by any governmental agency commission or department related to any Pollution Condition(s)

5) Insured versus Insured exclusion if fuund in the policy shall not apply to a claim by an Insured who qualifies as a Client of the Named Insured under the policy

6) IfNon-Owned Disposal sites are used for disposal ofwastes these sites shall be specifically included under the Contractors Pollution Liability Insurance policy and

7) Coverage for punitive exemplary and multiple damages

Automobile Liability policy ofCONTRACIOR halliing QlJy quantityof fluorosilicic acid shall either be endorsed to provide coverage under the TE9948 endorsement or the Contractors Pollution Liability Insurance policy shall be endorsed to provide transportation coverage beyond the boundaries ofthe testing andor delivery site(s)

2 Contractor shall require Sub-contractors to carry insurance coverage appropriate to their scope ofWork

3 Contractor shall furnish a completed Certificate ofInsurance which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage limits and termination provisions shown thereon

4 The insurance that is required under these Specifications shall be written so that SAWS and the City will be notified in writing in the event of cancellation restrictive endorsement or nonshyrenewal at least thirty (30) days prior to such action

200[21

5 Certificates of Insurance shall be filed with the System 10 days prior to the SAWS Board of Trustees award of the Contract The SAWS Contract namelBid number shaD be included in the Description of Operations section located in the bottom half of the standard ACORD Certificate furms

Certificates shall be mailed to SAWS directly to

San Antonio Water System Attention PurchBSbtg Division P O Box 2449 San Antonio TeDs 78198-1449

Contractor shall be responsible fur obtaining Certificates of IDsunnce from the first tier Subshycontractor and upon request furnish copies to SAWS

6 Separate Certificates of Insurance shall be filed with the City ofSan Antonio] 0 days prior to the SAWS Board of Trustees award of the Contract The SAWS Contract namelBid number shaD be included in the Description of Operations section located in the bottom half of the standard ACORD Certificate furms

Certificates shall be mailed to the City ofSan Antonio directly to

City ofSan Antonio Attention Risk Management PO Box 39966 San Antonio TX 78283-3966

A copy of the certificate of insurance provided to the City of San Antonio shall be provided to SAWS at the same time

7 Contractor is responsible for all deductibles under all ofthe insurance policies reqilired by these Specifications

8 The stated limits of insurance required by these Specifications are MINIMUM ONLY and it shall be the Contractors responsibility to determine what limits are adequate and the length of time this coverage shall be maintained the insurance limits are not a limit of the Contractors liability

These minimum limits may be basic policy limits or any combination of basic limits and umbrella limits SAWS acceptance of Certificates of Insurance that in any respect do not comply with these Specifications does not release the Contractor from compliance herewith

9 Contractor agrees that an insurance policies required bYthese Specifications shall be with insurance companies firms or entities that have an AM Best rating of A- (A- minus) and a Financial Size Category rating of a VII or better All insurance policies shall be of an Occurrence type except the Contractors Pollution Liability line ofcoverage

210f21

10 SURVIVAL

Any and all representations conditions and warranties made by Contractor under this Contract including without limitation the provisions ofSection lb ie and Id ofthese Insurance Specifications are ofthe essence ofthis Contract and shall survive the execution and delivery of it and all stalernents contained in any document required by SAWS whether delivered at the time ofthe execution or al a later dale shall constitute representations and warranties hereunder

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PENCCO INC Pioneer Engineering Chemical Company

AFFIDAVIT OF COMPLIANCE

This is to certify that the Hydrofluorosilicic Acid supplied by our company meets A WWA Standard B703-00 or the latest revision and is certified to NSFANSI Standard NSF-60

Signature shy

R L Home President

Name and Title ofOfficial

142010

Date

PO BOX 600 bull SAN FELIPE TX 11473

PHONE 919-885-0005 bull 800-864-174~ bull FAX 979-885-3208

INPOPENCCOCON

NSF Certified Products - Public Water Supply Treatment Chemicals Page lof2

NSF

NSF Product and Service Listings

These Listings were Last Updated on Thursday Janulry 14 Z010 at 415 AM Eastern Time Please contact NSF International to confirm the status ofany Listing report errors or make suggestions

Wami NSF is COIIccncd abot fradu 1 d-loIIdilll d iplaUolI ofwcbsik tOIl Ifyou havo relaquorod Ihis listiar in lIrd copy ys rorafirm tllis ccrtlflcatleDilistlac Infonnlion lIy COilli diretlly to hHnllmywnrforclCertlfOCllP1Ch_ibullbullblListilAlpfCOIIIQlnyNme-peDccoamp for tho latest most eatntl ifonnatlon

NSFANSI STANDARD 60 Drinking Water Treatment Chemicalsmiddot Health Effects

----------~-----~

PENCCO INC PO BOX 600 SAN FELIPE TX 77473 800-864-1742 979-885-0005

Facility DISTRIBUTION CENTER - RICHMOND CA

Hydrofluosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid

Product Function Fluoridation Fluoridation

Max Use 6mgIL 6mgIL

Hydrofluosilicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - SOUTH GATE CA

HydrofluosUicir Acid Trade Designation Product FlUlCtion Max Use Fluorosilicic Acid Fluoridation 6mgIL Fluosilicic Acid Fluoridation 6mgIL Hydrofluosiiicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - WILLOW SPRINGS IL

Hydroftuosllicir Arid Trade Designation Product Fll1ICtion Max Use Fluorosilicic Acid Fluoridation 6mgIL F1uosilicic Acid Fluoridation 6mgIL Hydrofluosilicic Acid Fluoridation 6mgIL

httpwwwnsforglCertifiedlPwsChemicalslListingsaspCompanyName=pencooampTrade111412010

NSF Certified Products - Public Water Supply Treatment Chemicals Page 20f2

Facility D1STRI BUTION CENTER - BALTIMORE MD

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Facility DISTRIBUTION CENTER

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Product Function Fluoridation Fluoridation Fluoridation

SEALY TX

Product Function Fluoridation Fluoridation Fluoridation

Facility DISTRIBUTION CENTER - WAXAHACHIE TX

Hydrofluosilicic Acid Trade Designation FLUOROSILICIC ACID FLUOSJLlCJC ACID HYDROFLUOROSILlCJC ACID HYDROFLUOSILICIC ACID

Product Function Fluoridation Fluoridation Fluoridation Fluoridation

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL 6mgIL

Number ofmBlching Muufactun1ll is 1 Number ofmalching Products is 19 Processing time was 0 seconds

bull Search Listings bull NewsRoom I bull AboutNSF I bull ampnm I bull NSF Marl I bull Client Log-In

bull Privacy Poliey bull SiteMap I bull Reguest Info I bull Contact Us I bull Copyright C 2004 NSF International

httpwwwnsforglCertifiedlPwsChemicalslListingsaspCompanyName=penccoampTrade114120 10

PENCCO INC Pioneer Engineering Chemical Company

HydrofluorosiIicic Acid Bid QAlQC Info

Pencco meets AWWA Standards and is NSF Certified

Hydrofluorosilicic acid also known as HFS or FSA is a transparent colorless (water white to straw yellow) aqueous solution that is used in a variety of applications including the major end-use water treatment for fluoridation FSA is produced during the concentration of phosphoric acid in an evaporation process unique to the phosphate industry The vapor stream from the phosphoric acid reaction is scrubbed with water to form FSA from the naturally-occurring silica acid The final product is collected stored and tested prior to release for shipment Potential danger of contamination is minimized through compliance with NSF 60 NSF 60 typically checks sourlt)e product and any subsequent transfer before unloading into customer tanks

infopenccoCGm PO Bo 600 S Felipe Tens 77473-0600 9791885-0005 FAX 979f88S310ll

Refer FL-J43 September 2000

THE MANUFACTURE OF THE FLUORIDE CHEMICALS

All ofthe fluoride chemicals used in the US for water fluoridation sodium fluoride sodium fluorosilicate and fluorosilicic acid are useful byproducts of the phosphate fertilizer industry The manufacturing process produces two byproducts (I) a solid calcium sulfate (sheetrock CaS04) and (2) the gases hydrofluoric acid (HF) and silicon tetrafluoride (SiF4) A simplified explanation of the manufacturing process follows Apatite rock a calcium mineral found in central Florida is ground up and treated with sulfuric acid producing phosphoric acid and the two byproducts calcium sulfate and the two gas emissions These gases are captured by product recovery units (scrubbers) and condensed into 23 fluorosilicic acid Sodium fluoride and sodium fluorosilicate are made from this acid

The question of toxicity purity and risk to humans from the addition of fluoride chemicals to the drinking water sometimes arises Almost all of the over 40 water treatment chemicals that may be used at the water plant are toxic to humans in their concentrated form eg chlorine gas and the fluoride chemicals are no exception Added to the drinking water in very small amounts the fluoride chemicals dissociate virtually J 00 into their various components (ions) and are very stable safe and non-toxic

Opponents of water fluoridation have argued that the silicofluorides do not completely dissociate under conditions ofnormal water treatment and thus may cause health problems To counter these claims the basic chemistry of this dissociation has been carefully reviewed Scientists at the US Environmental Protection Agency (EPA) and CDC epidemiologists have examined the research that opponents of water fluoridation cite Both groups have concluded that these charges are not credible

The claim is sometimes made that no health studies exist on the silicofluoride chemicals used in water fluoridation That is correct We the scientific community do not study health effects of concentrated chemicals as put into water we study the health effects ofthe treated water Le what those chemicals become fluoride ion silicates and the hydrogen ion The health effects of fluoride have been analyzed by literally thousands of studies over SO years and have been found to be safe and effective in reducing tooth decay The EPA has not set any Maximum Contaminant Level (MCL) for the silicates as there is no known health concerns for them at the low concentrations found in drinking water Of course the measurement ofthe pH of the water determines the concentration of the hydrogen ion

Concern has been raised about the impurities in the fluoride chemicals The American Water Works Association (A WWA) a well-respected water supply industry association sets standards for all chemicals used in the water treatment plant including fluoride chemicals The A WWA standards are ANSJJ A WWA B701-99 (sodium fluoride) ANSJJ A WWA B702-99 (sodium

fluorosilicate) and ANSIIAWWA B703-00 (fluorosilicic acid) The National Sanitation Foundation (NSF) also sets standards and does product certification for products used in the water industry including fluoride chemicals ANSINSF Standard 60 sets standards for purity and provides testing and certification for the fluoride chemicals Standard 60 was developed by NSF and a consortium of associations including the A WWA and the American National Standards Institute (ANSI) This standard provides for product quality and safety assurance to prevent the addition of harmful levels of contaminants from water treatment chemicals More than 40 states have laws or regulations requiring product compliance with Standard 60 NSF tests the fluoride chemicals for the II regulated metal compounds that have an EPA MCL In order for a product [for example fluorosilicic acid] to meet certification standards regulated metal contaminants must be present at the tap [in the home] at a concentration ofless than ten percent of the MCL when added to drinking water at the recommended maximum use level The EPA has not set any MCL for the silicates as there is no known health concerns but Standard 60 has a Maximum Allowable Level (MAL) of 16 mgIL for sodium silicates as corrosion control agents primarily for turbidity reasons NSF tests have shown the silicates in the water samples from public water systems to be well below these levels

Arsenic according to NSF tests had an average of043 ugIL [parts per billion] in the drinking water attributable to the fluoride chemical Opflow a monthly magazine from the A WWA has found the arsenic level in the finished water from the fluorosilicic acid to be 0245 ugIL [OpflowVol 26 No 10October 2000] The NSF Standard 60 has a Maximum Allowable Level (MAL) of25 ugIL and EPA has a MCL of 50 ugIL although they have proposed to lower their MCL to 5 ugIL As you can see arsenic is less that III Oth ofeven the proposed EPA MCL Finally tests by NSF and other independent testing laboratories have shown no detectable levels

of radionuclides in product samples of fluoride chemicals There is no evidence that any of the known impurities in the fluoride chemicals have failed to meet any of these standards Opponents ofwater fluoridation have sometimes charged that industrial grade fluoride chemicals are used at the water plant instead ofpharmaceutical grade chemicals All the standards of AWWA ANSI and NSF apply to these industrial grade fluoride chemicals to ensure they are safe Phannaceutical grade fluoride compounds are not appropriate for water fluoridation they are used in the formulation of prescription drugs

Finally it is sometimes alleged that the fluoride from natural sources like calcium fluoride is better than fluorides added artificially such as from the fluoride chemicals presently used There is no difference There is no reason to change the opinion of CDC that water fluoridation is safe and effective

Thomas O Reeves PE National Fluoridation Engineer Program Services Branch Division ofOm] Health National Center for Chronic Disease Prevention and Health Promotion Centers for Disease Control and Prevention

2

8813 US Highway 41 South Riverview Florida 33569

EMERGENCY TELEPHONEmiddot CHEMTREC 1-800-424-9300

SECTION I PRODUCT INFORMATION

TRADE NAME Hydrofluosilicic Acid

CHEMICAL NAME I Hydrofluosilicic Acid

CAS NUMBER

CHEMICAL FAMILY

SYNONYMS

PRIMARY USE

SECTION II

FORMULA

COMPOSITION

SECTION III EMERGENCY OVERVIEW

16961-83-4

I norganic Fluorides

FluorosHicic Acid Hexafluosilicic Acid HFS FSA Auoridation of drinking water

COMPOSITION INFORMATION ON INGREDIENTS

H2SiF6

Hydrofluosilicic Acid 120-25

water 175-80

HAZARD IDENTIFICATION Large doses can cause nausea vomiting diarrhea abdominal buming and cramp-like pains Circulatory respiratory neNOUS complaints and skin rashes may occur Liquid

Health Hazards or vapor also causes severe irritation and bums Which will not be immediately apparent It also causes severe irritation to the lungs nose and throat If swallowed it can cause severe damage to throat and stomach

Physical Hazards Not applicable

Physical Form liquid

Appearance water White to straw yellow liquid

Odor Pungent

Toxicity Not identified as toxic by OSHA

NFPA HAZARD CLASS ~HAZARD CLAS Health 3

I Flammability 0

Instability Special Hazard 1

FlammabHity 1

Physical 2Hanrd

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOSt MOS16961061

POTENTiAl HEALTH EFFECTS

Acute - I Titant Chronic - Degenerative changes in the liver Fluorosis

POTENTIAl ENVIRONMENTAl EFFECTS

None listed

SECTION IV FIRST AID MEASURES

FIRST AID PROCEDURES

Eyes Invnediately flush with plenty of water for at least 15 minutes Get medical attention invnediately

Skin

Invnediately flush with plenty of water Remove contaminated clothing Discard contaminated clothing properly Get medical attention if irritation occurs or persists

Inhated Move to fresh air Administer oxygen Treat symptomatically Get medical attention promptly

Ingestion Give large quantities of water to patient if conscious 00 Not induca vomiting Seek medical attention promptly

NOTE TO PHYSICIAN Not applicable

SECTION V FIRE FIGHTING MEASURES

Flammable Properties

Flash Point Not applicable

Flammability Not applicable

LEUUEL Not applicable

Auto-Ignition Temperature

Not applicable

Extinguishing Media Small fires Water spray foam dry chemical or CO2

Large fires Water spray fog or foam

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOS MOS16961061

Wear selfcontained breathing apparatus with full protective clothing

Protection of Firefighters

Dangerous when heated to decomposition highly toxic and corrosive fumes of fluorides are emitted Will react with water or steam to produce toxic and COITOSive fumes May generate hydrogen in contact with some metals

SECTION VI

RESPONSE TECHNIQUES

ACCIDENTAL RELEASE MEASURES Small spills Contain spill and stop leak if it can be done without risk Use sodium carbonate or a mixture of soda ash and slaked lime sand or noncombustible absorbent material to soak up material Place in DOTmiddotapproved poly container and dispose of properly

Large spills Use same procedure as above Isolate spill area and deny entry Prevent discharge into waterways and sewers Material may be neutralized with sodium carbonate or a mixture of soda ash and slaked lime Contact proper local state or federal regulatory agencies to ascertain proper disposal techniques and procedures

All waste to be collected in a DOTmiddot IPOlY drum for disposal

= SECTION VII

HANDLING

HANDLING AND STORAGE

Avoid contact with eyes skin and clothing Wash thoroughly after handling Maintain proper hygiene practices when handling this product

STORAGE Use DOT-approved poly drum for storage

SECTION VIII EXPOSURE CONTROLS I PERSONAL PROTECTION

ENGINEERING CONTROLS

Eye wash and shaNer stations should be available where acid is being handled

PERSONAl PROTECTIVE EQUIPMENT (PPE)

EyelFace

Skin

Respiratory

Splash proof goggles and fullmiddotface shield should be worn at all times Acid proof gloves headgear protective shoes and clothing should be worn to Drevent contact Use respiratory for 20ppm or less concentration Use a self-contained breathing apparatus for concentrations of greater than 2Oppm

Other None

GENERAL HYGIENE CONSIDERA nONS

Avoid breathing fumes Avoid ingestion Wash thoroughly after handling Avoid contact with eyes or skin Use in adequate ventilation

EXPOSURE GUIDELINES

OSHA Permissible Exposure Limits (PEL) 25mgFm3

ACGIH Threshold Limit Value (TLV) 25 rng Fm3

Status New Issue ~ate February 3 2006 Section(s) Revised NlA MSDS MOS16961061

SECTION IX PHYSICAL AND CHEMICAL PROPERTIES

Note Unless othetWise stated values in this section are determined at 20middotC (68middotF) and 760 mm Hg (1 aim)

Flash Point Not applicable Flammabilityl Explosive Limits ()

Not applicable

Auto-Ignition Temperature

Not applicable

Appearance Water white to straw yellow liquid

Physical State Liquid

Odor Pungent Molecular Weight of Pure Material

14411g1mol

pH 12 Vapor Pressure (mmHg)

Not applicable

Vapor Density (air=1)

Not applicable

Boiling Point 2223 OF

FreezinglMelting Point Not applicable

Solubility in Water Not applicable 100 soluble in water

Specific Gravity 12

Volatility Not applicable

Bulk Density 98 Ibslfemiddot 25 Sol 77DF

SECTION X STABILITY AND REACTIVITY

Chemical Stability Stable

Conditions to Avoid Avoid all heat sources

Incompatible Materials Avoid contact with metals stoneware strong acids and alkalies explosives toxicants readily oxidizable materials alkali metals combustible solids and organic peroxides

Hazardous Decomposition Products

Extreme temperatures such as a fire cause formation of highly toxic and corrosive fumes of fluorides such as SiF and HF Hydrogen gas may be fonned at temperatures above 227DF

Corrosiveness Attacks silica bearing materials metals and stoneware Hazardous Polymerization

Will not occur

Status New Issue Date February 3 2006 Section(s) Revised NA MSDS MOS16961061

SECTION XI TOXICOLOGICAL INFORMATION

Acute Oral Toxicity 430 mgkg oral-rat LD50

Acute Dermal Toxicity 140 mgkg LOLo (Frog)

Mutagenesis No data available

Target Organ No data available

Developmental Toxicity No data available

Carcinogenicity No data available

SECTION XII ECOLOGICAL INFORMATION

ECOTOXfCOLOGY No data available

SECTION XIII DISPOSAL CONSIDERATIONS

Keep in covered DOT-approved poly drums pending disposal Handle and dispose in full compliance with an applicable Intemational Federal State and Local reQulations

SECTION XIV TRANSPORT INFO

Regulatory Status None established

Proper Shipping Name Hydrofluosilicic Acid

Hazard Class Class 8 (corrosive)

Packing Group II

Identification Number UN1778

Guide Number 154

SECTION XV REGULA TORY INFORMATION

CERClA Not Regulated RCRA 26133 Not Regulated

SARA TI11E III Section 302 Not Regulated (ExemptIons at 40 CFR Pan 370 may apply for agricuIIural use or lor quantllies of less

SectIon 304 Not Regulated Section 3111312 Acute and Chronic

than 10000 pounds _lie) Section 313 Not Regulated NTP tARC OSHA Recommended for Study IARC group 3 Not regulated by OSHA

(PSM) Canada OSL and NDSL On Inventory TSCA On Inventory

Status New Issue Date February 3 2006 SectIon(s) Revised NlA MSOS MOS16961061

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS Usted as Fluorosilicic Acid CBSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUED REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMATION THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are fumished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4001shy1998

Note to (if 8IlpicBble)

Status New Issue Date February 3 2006 Section(s) Revised NlA MSDS MOS16961061

I

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS listed as Fluorosilicic Acid CaSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUEO REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMAnoN THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are furnished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4OO1shy1998

Note to __ (d 8pP1icab1ei

Status New Issue Date February 3 2006 Section(s) Revised NJA MSDS MOS16961061

DATE IIlIMIOOIYYY) nleO

IROOIJ(EII 1-113-623-2330

ACORD CERTIFICATE OF LIABILITY INSURANCE I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERllFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR

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If SUBROGATION IS WAIVED subject to the teons and conditions of the poHcy certain policies may require an endorsement A statement on this certificate does not OJOfer rights to the certificate holder in lieu of such endorsement(s)

DISCLAIMER

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ACORD 25 (2001108)

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3 Split Delivery Fee (stop charge) 227 deliveries UNIT TOTAL 11000

4 Expediated Delivery UNIT PRICE 92500

APPRO~ATETOTAL TOTAL 50000000

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Delivery Days

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5-6 days

1

BID INVITAnONS WERE MAUD TO ANDOR PICKED UP BY

Pennco SAWS Website Napea Chemical Cobull Inc Demandstar OXl UnivarUSA

Page 7: 331 Twisted Wood Dr.coalitionforsafemeters.org/TFSDW/PENNCO_Contract_2010.pdf · At the February 2,2010, meeting of the San Antonio Water System (SAWS) Board of Trustees, you were

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMALINVITATlON BID (continued)

Page No 5 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

8 Successful vendor will receive an award letter upon selection Each delivery requested by SAWS will have a separate Purchase Order number

SPECIFICATIONS

1 Product shall be Fluorosilicic acid nominally 23 concentration shall be between (ll - 25) percent by weight in accordance with A WWA B703 latest revision and ANSlINSF60

2 A certified copy of the NSF 60 Certification ofthe product shall be submitted annually The vendors QCQA program shall be submitted for review by SAWS with the completed bid document A certificate of analysis shall be provided with each bulk load A preliminary Certificate of Analysis can be submitted with the delivery and a final certificate can be submitted within two days after the delivery to Velma Paniagua via facsimile at (210) 233-4151 or bye-mail at vpaniaguasawsorg

3 Please contact Floramie Welch at (210) 233 3744 for technical information concerning this contract and scheduling ofsite visits Delivery will be scheduled and coordinated by Velma Paniagua at (210) 233 3347 (vpaniaguasawsorg) or Al Delgado at (210) 233 - 3363 (adelgadosawsorg) or their designated representative Vendor must respond within 24 hours of receipt or order to same with delivery date Any delays in delivery must be communicated to individuals above

4 Vendor will be required to supply approximately (230000 gallons) annually of product in bulk tank loads FOB product usage varies with seasonal ambient temperatures and pumpage See attachment pumpage table at end of this document for the annual (estimated monthly quantities up to 125) by pump station

5 Deliveries shall be made within 5-7 calendar days including weekends and holidays after notification by authorized staff

6 All deliveries shall arrive at the designated SAWS facilities between the hours of7am - I lam SAWS normal hours ofoperation are from 7am to 330pm

7 Bulk tank load shipments of fluorosilicic acid must be delivered by truck equipped with a separate pressure system to unload into the bulk storage tanks on SAWS sites Each truck shall be equipped with sufficient length of hose and provide the necessary connecting fittings for their transport equipment to accommodate unloading facilities at the delivery site Each truck will be fitted with an air compressor or equivalent to empty product from the delivery hoses Additionally delivery trucks shall be equipped with a metering device to measure material loads by gallon Vendor shall document and provide metering start reading and each stop (name location) along with reading Information shall be provided upon completion of delivery to SAWS Vendors invoice shall also include information defined above for each delivery

8 Vendor will be responsible for unloading bulk tank load shipments at the primary pump station sites and refill ofonsite storage tanks at the secondary pump station sites A stop charge may be included as part of the bid in the delivery for split shipments to more than one location after stop at Verification Location and first delivery stop

Pencco Inc Signabn 01 peram __ to sign bidNome 01 BIdder (Company) (pOnt -1)

Monica Avila Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 6 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

9 There shall be no foreign materials evident in the delivered product associated with previously transported materials in the delivery tanker (ie oils other chemicals or other residues) The delivery transport company if separate from the chemical supplier will be responsible through the supplier for the cleanliness of the delivery tank vessel The transport company shall provide a certification ofcleanliness of the tank interior for every delivery regardless of size stating the tank was cleaned and free of foreign materials prior to loading of the Fluorosilicic acid The supervisor or his designated representative has the authority to reject material load if evidence of foreign material in the delivery tanker is present

10 Bidders are responsible for familiarizing themselves with the product unloading facilities and conditions at the pump stations Some sites bave limited access due to street andor site configuration This must be considered by the vendor to determine delivery quantity and truck capacity vehicle size and type to assUe access to pump station sites The vendor is responsible for determining the site delivery requirements to the appropriate delivery method whether large tanker small transport truck nurse tank 55-gallon drum or other approved method The vendor shall furnish certified weight tickets for each tank load delivery showing gross tare and net weights

II Vendor designate (driver or emergency response team) is responsible for spillage and clean up at the point of deliVery Driver or delivery personnel must be equipped with personal protective equipment (PPE) while loadingunloading material Contractors personnel and equipment shall be fully equipped and capable of performing all necessary delivery operations in a safe manner without assistance from SAWS or its employees Anytime work is to be performed near pumps or acid storage goggles face shield rubber gloves and an apron are the absolute minimum PPE to be worn If acid transfers are to be made a PVC raincoat should also he worn

12 All shipments must contain material safety data sheets (MSDS) and packing lists that include a proper description purchase order number unit cost and name of the person placing the order

13 Vendors shall include in their bid response descriptive literatlUe ofproduct being bid

14 Estimated Quantities No minimum or maximum quantities of fluorosilicic acid are guaranteed for the period ofthis contract Estimated quantities are noted in the attached pumpage table

15 The vendor shall provide three training sessions of 4 hours each on product safety and bandling prior to the first delivery of the product and annually thereafter for product safety training Vendor must submit Training Plan to cover product details manufacturing transportation and required PPE for safe bandling per OSHA requirements Safety training will be coordinated with SAWS Safety Department Velma Paniagua or Al Delgado of the SAWS Production Department will provide the SAWS Safety Department Point ofContact to the vendor prior to scheduling the training The Production Department will assist in coordinating the training between the vendor and SAWS Training Department

16 SAWS reserves the right to do quality assurance testing of the product on a periodic basis to verify the physical characteristics andor chemical content SAWS will also visually examine each load prior to

Pencco Inc

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 7 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

discharge from the vendors transport trucktrailer The vendor should allow for visual observations andor periodic physical testing to be done by SAWS Periodic physical testing may require up to one hour of additional time prior to unloading of product There will be NO demurrage charge for the one-hour time allowed for the physical testing Vendor must break the material seal collect the sample and hand it over to SAWS representative Under no circumstance will a SAWS employee be allowed to climb into truck and collect a sample

17 Notification The Contractor shall fax or e-mail the following information DO later thaD 200 pm the day prior to the scheduled delivery date to the SAWS representative ordering the shipment

Truck and tanker identification Drivers name and drivers license number Name ofcontract carrier if pre-authorized by SAWS Estimated arrival time and date Serial numbers of tanker trucks (ifapplicable)

middotSAWS shall provide a list ofcontact names and fax numbers after bid has been awarded

18 Delivery The delivery trucks wil first rqgtOrt to the Mission Service Center at 515 Mission Road for the chemical testing Periodic verification testing performed by SAWS or its agent will be in accordance with AWWA B703 After verification testing the truck will be dispatched to the delivery site and escorted at the site by maintenance personnel SAWS Points of Contacts are Velma Panaguai at (210) 233 3347 or AI Delgado at (210) 233 3363 for the site access and escort to various sites Delivery sites are listed below

Puml Stgtion Address AI Code 34 St 3939 Flagle 78237 Anderson 5025 W Loop 1604 N 78251 Artesia 703 At amp T Ctr Pkwy 78219 Basin 7110 Basin Drive 78216 Maltsberger 89] 0 Jones Maltsberger 78216 Marbach 7614 Marbach Rd 78227 Mission 605 E Theo 78210 Naco 13655 OConnor Rd 78233 Randolph 212 S WeidnerRd 78233 Wurzbach 6111 Wurzbach Rd 78238 Marlcet 106 W Maricet St 78205 Micron 7203 Micron Dr 78251 Winwood 28555 I lOWest 78257 Barbel 526 Pilgrim 78213 Brackenridge 13 amp 14 2300 Avenue B 78215

Pencco Inc Name of ~ (Comny) (print or type) Si9ngtOi-tosign bid

Monica Avila Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVIT AnON BID (continued)

Page No 8 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

Pamg Station Addness Zip Code Gateway 1 amp2 6615 RustJeaf 78242 Klaus 2660 Eisenhauer 78209 Lackland 6 amp 6A 8219 Five Palms 78242 LomaLinda 5218 Lorna Linda Dr 78201 Northwood 2319 Kenilworth 78209 Pipers Meadow 7721 Joe Newton 78251 Seale 254 SealeRd 78219 Sunshine 1929 S1 Cloud 78228 Sutton 942 Sutton Dr 78228 Turtle Creek 2 8523 Data Point 78229 Turtle Creek 3 8815 Data Point 78229 Walzem 127 Newport 78218 Woodlake 6663 FM 78 78244 Oliver Ranch 26293 US Hwy 281 N 78258

Damages Contractor shall be responsible for furnishing all required and applicable leak spill repair clean up equipment and kits for all vehicles making deliveries to SAWS facilities Contractor shall be liable for cleanup and lor repairs ofany damaged facility equipment by spillage or during chemical delivery caused by negligence or faulty equipment

Pencco Inc _afBl_(C_y) (pllnlortype) ~mca ~Bra Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 9 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

GENERAL CONDITIONS

1 This bid contains General Conditions and Specifications as well as in some areas other specific required information and material It is the bidders responsibility to be completely familiar with any and all requirements Failure to do so may result in bid being declared non-responsive

2 Any manufilcturer brand and model numbers used in these specifications are for the purpose of describing and establishing minimum requirements or level of quality standard of performance and design required and in no way intended to prohibit the bidding of other rnanufilcturers items ofequal specifications

3 The section headings or paragraph captions contained herein are for convenience of reference only and not intended to define extend or limit any provisions of this contract

4 Prices must be quoted FOB SAWS receiving agency San Antonio Texas Upon award of a contract the supplier is obligated to deliver the goods to the required destination and bears the risk of loss until delivery

5 Bids may not be conditioned on minimum deliveries The quantities shown are estimates only and are in no way binding upon SAWS Estimated quantities will be used for the purpose of evaluation SAWS may increase or decrease quantities as needed

6 Freight will be paid only when SAWS has made a request for expedited delivery

7 It will be the bidders responsibility to be completely familiar with all specifications prior to submitting bid No extra payment for the work specified will be considered Bidder must include all costs related to this bid in their unit price

8 Bidder by submitting a quote acknowledges that they have read and fully understand all requirements and take no exceptions

9 Bidder by submitting a bid hereby agrees that all SAWS requirements contained in this bid document take priority over any attached brochures literature company stated warranties andor requirements unless specifically spelled out in a separate letter titled Bid Exceptions

10 Please fill in prices make one copy for your file and submit all pages of the original bid form The Bidder shall furnish all information required by the bid fann The Bidder shall print or type hislher name and manually sign the schedule and each continuation sheet (Delete item 2a of Terms and Conditions of Invitation for Bid) Copies aDd fued bids willoot be accepted Bids can be downloaded from SAWS website at wwwwawsorg

11 Bid shall be enclosed in a sealed envelope addressed to the Purchasing Division in accordance with instructions contained herein with the name and address of bidder date and hour of bid opening and title of the bid solicitation placed on the outside of the envelope No Bids should be returned by the bid opening date with No Bid indicated on the envelope in addition to the bid number and bid opening date SAWS assumes no responsibility for bids not processed due to the fililure of the bidder to identify the envelope as a bid response

Pencco Inc Name af Bidder (Company) (print or type)

AV11aSigure af persqn authorized IIgt Sign bid

Mon1ca Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 10 No Pages 21

Item Estimated Unit Total No-__Quanti~ty~__________---Descrciption Price Amount

12 If bidder obtains bid specifications via Internet the bid must be submitted in hard copy according to the instructions contained in this bid If in its bid response bidder makes any changes whatsoever to SAWS bid specifications SAWS bid specifications as published shall controL Furthermore ifan alternation ofany kind to SAWS published bid specifications is only discovered after the contract is executed and is or is not being performed the contract is subject to immediate cancellation

13 Bidders facilities and equipment can be a determining factor in making the bid award All bidders wiD be subject to inspection of their facilities and equipment

14 All subject price lists should be submitted with this bid and shall become a part hereof However if in the opinion of the SAWS Purchasing Agent it is impractical for bidder to include published price lists as part of this bid and to furnish any price lists andor written changes as required herein bidder shall permit the Purchasing Agent or hislher authorized representatives to inspect the pertinent published price lists andor written changes in the office of the bidder or at any other location approved by the Purchasing Agent

15 By submittal of this bid bidder certifies to the best of their knowledge that all information is true and correct

16 A bid that has been opened may not be changed for the purpose ofcorrecting an error in the bid unit price

17 Bidder must submit Material Safety Data Sheets with the bid for any hazardous chemical quoted or supplied under this quote

18 SAWS will not be liable for any costs incurred by a bidder in responding to the bid request

19 Damaged goods or goods received due to error by supplier will be returned and supplier will pay freight

20 If not aliqle purchase tile qlUllltlties SboWD are estimates ollly aad are iD DO way biDdiDg DpoD SAWS Estimated quantities will be DIed tbr tile purpose of evlluation SAWS may iDcrease or decrease quantities U Deeded

21 When supplier cannot abide by terms and conditions in fulfilling the contract supplier must furnish service or goods from other sources at the contract price If supplier delays in the above SAWS reserves the right to purchase on the open market and charge supplier the difference between contract price and the purchase price

22 Bidder warrants that all deliveries under this bid will be of the type and quality herein specified SAWS may reject or refuse any delivery which falls below the quality required in the specif1C8tions and SAWS shall not be held to have accepted any delivery until after it has made an inspection of same and has had an opportunity to exercise this right of rejection

23 Bidder shall be responsible for alI charges which relate to the delivery of the goods to SAWS place ofbusiness and for the return to bidder of any goods fliected as being non-conforming under the specifications

Pencco Inc SignaIunt ~_10lion bid

Monica Avila Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONO TEXAS

FORMAL INVITATION BID (continued)

Page No 11 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

24 SAWS is the final judge ofproduct acceptability for items quoted on this bid

25 SAWS Specifications and Terms and Conditions provided with this bid document will prevail in the event of conflict with bidders

26 SAWS reserves the right to cancel this contract witb a 30 day written notice without cause

27 Termination-Breach Should vendor fail to fulfill in a timely and proper manner as determined solely by the Purchasing Director its obligations under this contract or violate any ofthe terms ofthis contract SAWS shall have tbe right to immediately terminate the contract Notice of termination shall be provided in writing to the vendor effective upon the date set forth in the notice Such termination shall not relieve the vendor of any liability to SAWS for damages snstained by virtue ofany breacb by the vendor

28 No oral statement of any person shall modify or otherwise change or affect the terms conditions or specifications stated in the resulting contract The SAWS Purchasing Division will make all change orders in writing

29 The successful bidder shall not sell assign transfer or convey this contract in whole or in part without the prior written consent of the Purchasing Division

30 The obligations of the parties hereto are performed in Bexar County Texas and if legal action is necessary to enforce same exclusive venue shall be within Bexar County Texas

31 Contractor shall defend indemnify and bold hannless SAWS from and against any liability loss cost and expense of whatsoever nature including those related to death bodily injury sickness disease andlor loss or destruction of property (including reasonable attorneys fees and costs of defense) resulting from Contractors performance of the services to the extent that such losses arise out of andor are attributed to the sole or concurrent negligence errors or omissions or strict liability of Contractor its employees Subcontractors agents or their respective employees Where liability is attributable to the joint negligence or fault ofContractor and SAWS Contractors duty of indemnification shall be limited to Contractors (and Contractors agents Subcontractors or employees) allocable share ofjoint negligence or fault

This indemnity shall be broadly construed to apply to all liability attributed to the concurrent and sole negligence ofcontractor and shall survive termination of this agreement

32 The goods or services furnished under this contract shall be covered by tbe most favorable commercial warranties given to any customer for same or similar supplies or services The implied warranties and remedies of the Universal Commercial Code are included in this procurement and shall apply to the issued purchase ordercontract

33 Prospective bidders must prove beyond any doubt to the SAWS Purchaaing Agent that they are duly qualified capable bondable etc to fulfill and abide by the specifications herein listed

Pencco Inc 5qIaItnt of ___10 sign bid

HameofB_(~) (pnntOitype)

Monica Avila Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 12 No Pages 21

Item Estimated Unit Total _N--o___O--u--a--ntity-___________Description Price Amount

34 Right to Audit (lump sum contracts) SAWS or its designated agent shall have the right to audit at any time the Contract related records and associated documents of the Contractor and Subcontractor Such right to audit shall be for the determination of the accuracy and validity of the Contractors and Subcontractors billing to SAWS and for verifying compliance with other terms and conditions of the Contract

35 Contractor and Subcontractor shall maintain aU records required to be kept by law rule or regulation or records required to document performance of the services specified in the contract documents The records shall be maintained for the period required by law for a reasonable period in the absence of the applicable law or for two (2) yesrs after completion ofall services whichever is greater Contractor shall provide to SAWS copies of such records as provided in the contract documents or as reasonably requested by SAWS after performance of the service

36 It is expressly understood and agreed by both parties hereto that SAWS is contracting with the successful bidder as an independent contractor The parties hereto understand and agree that SAWS shall not be liable for any claims which may be asserted by any third party occurring in connection with the services to be performed by the successful bidder under this contract and that the successful bidder has no authority to bind SAWS

37 The successful bidder agnes to indemnifY and hold SAWS harmless from any claim involving patent infringement or copyrights on goods supplied

38 If insurance is required the minimum insurance to be maintained shaU he in accordance with SAWS Standard IDsIUIUICe Spedtkations Bidder should submit a draft Insurance Certificate with Bid The successful bidder shall furnish a completed Certificate of Insuraoce which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage limits and terminstion provisions shown thereon Successful bidder will be required to maintain at all times during performance of the contract the insurance detailed in this bid document

Certificate of Insurance shall be filed with the System no later than 5 days after notification ofpending award of contract and before starting any work Certificates should he mailed to the Purchasing Division San Antonio Water System P O Box 2449 San Antonio Texas 78298-2449 CONTRACfORs CertHkate shan refereDce the SAWS bid Dumber at time ofsDbmittaL

39 The successful bidder shall mail invoices to the SAWS Accounts Payable Section P O Box 2449 San Antonio Texas 78298-2449 Invoices for payments and correspondence for this contract must reference the SAWS purchase order number

40 No officer or employee of SAWS shall have a financial interest direct or indirect in any contract with SAWS or shall benefit financially directly or indirectly in the sale to SAWS of any materials supplies or services except on behalf of SAWS as an officer or employee In this instance a SAWS employee is defined as any employee ofSAWS who is required to file a financial involvement report pursuant to the Citys ethics ordiuance

41 Any successful supplier required to perform any type of construction or service related work at SAWS location as a result ofthis bid or proposal must comply with all requirements shown in SAWS Health and Safety Program

Pencco Inc Name a( Bidder (CIlnIpanyI (print 0lt type) SIgnmint a( person auI1oIized lo sign bid

Monica Avila Bid Sec

SAN ANTOMO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 13 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

and Security Procedure No 2-11 Copies can be obtained from the SAWS Safety Officer at (210) 233-3616 Failure to comply with this requirement shall deem project in non-compliance and may result in immediate termination with cause

42 Suppliers employees performing work or making deliveries on SAWS property other than for a one-time drop shipment will be required to provide their employees with a photo identification badge that includes the company name no exception

43 Bid exceptions will be cause for rejection ofany bid at the sole discretion of the Purchasing Director

44 SAWS reserves the right to award this bid to more than one supplier

45 Award ofall bids and RFPs will be based on Best Value as determined by SAWS

46 In the event the San Antonio Water System Board does not appropriate tuuds for continuation of this contract for any fiscal year after the first fiscal year and it has no funds to continue this contract from other sources SAWS shall be released from its obligations under this contract

47 If a third party is used to ship mercbandise the shipping documents MUST include all SAWS Purchase Order Numbers

Pencco Inc SignaIuIe _IW_ 0 ~n bid

Monica AV11a Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVfTATlON BID (continued)

Page No 14 No Pages 21

Item Estimated Unit Total No Quantity Desaiption Price Amount

Security Requirements

Contractor shall ensure a Prime Contractor Data Form (PCDF) and a Background Saeening Letter (provided by SAWS Security) is properly completed fopound all employees performing work under this Agncment and on file with the SAWS Security Office prior to work commencement Subcontractors perfurming wort must be listed on the PCDF Contractor shan be responsible for the accuracy of information on the PCDF and fOr obtaining any and all required items (badges and parking tags) necessary to fulfilling the work under this Agreement The PCDF must be sent electronically to SCluritywoup(llIIwsorg Contractor shall advise the SAWS Project Manager of any employee terminations or changes to personnel perfurming work under this Agreement and Contractor sball immediately turn in any and all badges andor parking tags of employees who are terminated or no longer perfOrming work under this Agncment If there are any changes in the infOrmation contained in the PCDF or the Background Screening Letters Contractor shall immediately notifY the SAWS Project Manager and provide updated PCDF and Background Screening Letters with copies to securitygroup[iSllwsorg

Contractor and its employees and agents shall obtain a SAWS photo identification badge (Contractors Badge) and parking tag if necessary prior to any work on SAWS property which shall be used only fopound plllJlO5CS necessary to perfurm the work under this Agreement SAWS Badge Office bours are Monday and Friday 100 pm to 500 pm (hours are subject to change) Security Staff can be contacted at (210) 233-3760 or (210) 233-3616 A replacement fee shan be charged to replace any lost or damaged badges or parking tags As a condition of final payment Contractor shall return all badges and parking tags to the Security 0 ffice In the event Contractor fails to return all security badges and parking tags in addition to any other rights or remedies to which SAWS may be entitled at law or in equity SAWS may withhold from payment to the Contractor the sum ofS50000 dollars per badge or parking tag as liquidated damages Contractor agrees that the actual amount of damages fOr failore to return the badges andor parking tags are difficult to determine and the liquidated damages herein are not a penalty but are a reasonable estimate of the costs and expenses that may be incurred by SAWS for failure to return the badges or parking tags

Certain designated SAWS facilities Oist with SAWS Security) require a SAWS employee to physically escort Contractor at all times SAWS may in its sole discretion waive the escort requirements if the PCDF and a clean Background Screening Letter signed by an authcrized representative ofContractor are approved by SAWS Security

Subcontractors must always be under escort of the Contractor while perfOrming wort on any SAWS designated primary facility (list with SAWS Security) Subcontractors must display either a company photo badge with name or a valid driven license at all times while working on any SAWS property Contractor is solely responsible for the actions of its employees agents contractors and subcontractors

Due to changing security environments Contractor MUST be prepared fOr additional security requirements at its expense including background checks AiJy person fuund to have an unacceptable background check (as determined by SAWS review of submitted paperwork or other infurmation provided to or obtained by SAWS) will not be allowed to pertbrm work under this Agreement or on SAWS facilities Notwithatanding anything herein to the contrary any provisions in these Security Procedures that may appear to give SAWS the right to direct Contractor as to details ofdoing any work under this Agreement or to exercise a measure of control over any security measures or such work shall be deemed to mean that Contractor shall fullow the desires of SAWS in the resatD ofthe work or security measures only

Advance coordination by Contractor with SAWS Security office for these security requirements is necessary to ensure no delays with timely perfurmance of the work In the event Contractor fails to comply with SAWS Security requirements SAWS may with no penalty or claim against SAWS issue a Work Stoppage Order until the security violation (s) are remedied

PenCCD Inc Name ofBidder (~) (print or type) SiaoIIure at r$OIIJMh~ to IiIII bict

-MDn~ca Av~~a H10 Sec

~--------

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

____________F_O_RMAL_~IIMTAnON BID (continued)

Page No 15 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

IMPORTANT MAILING INSTRUCTIONS

Mark Envelope

DID NAME FLUOROSILICIC ACID

DID No 10-2088

OPENING DATE JANUARY 192010 TIME 900 AM

MAIL TO DELIVER TO

Purchasing Division Purchasing Division San Antonio Water System San Antonio Water System P O Box 2449 2800 US Hwy 281 North San Antonio Texas 78298-2449 San Antonio Texas 78212

NOTE It is the bidders responsibility to ensure that bids are received in the prescribed manner by the stated date and hour ofthe bid opening

-------------------------------------------Pencco Inc

SIIn8IIn of iIUtII_ IIgt sign bid Monica Avila Bid Sec

___

170f21

81___d _ __ tl-__1 GEJIIERAL COMDnIOMS

(a) _____ -__

~ Bktder mIIIIe ~neceuytoirlOrmhiml tharouCINtn GllhetyOl ______~lSreqJredbrtt1bid~ NopllnOfiQnOr~bwtha~of

CiCIfldIonI th or hIreIbr_ra Of (W CIIMMn on PI __ blddIw to III t-=-~~ and irwaIgiIOnIto k ewIfy deIIIl the f1II1Wlmentl Of the ccnr1lCl _ _ __ _ __W__(_S) _ CltnrtltIor

~CI aMrd d IMt conIrICt SAWS IhtI hMoe rtght to CiInCIId oniIrs upon 01 ConIJ-=- to dIIIiyenIty n in 1WGPQUf SAWS SfIM 8110 h8we ~ rigtIt to 0Idet naeriilh ~ COIJ1IIIRIbIedelSilnandqu8ltyittequtltDa~itIIClIdIIdkardIno~frclMiWIy~~nIlOchCotII forcIfknnce~ofmateriamp~

2 PREPARATION Of lIDS 81C11 be tftPIAdlftllCClOfdne ~ () TheBiddlt fumtsh 81 1nreIohdbythe tidbm TtIe bidder pitfor typIthlSfInd 1NIIIoII~tndal~1I ShIM Gnwbkttentry 1$ madre (b lNprioes betLflaiMt -rar_nIiortCII UIilprice ~

(e)(d) Where____ ~cfbull ______ and l1li kWIIIIIaft tor bid IIIppnMIcf ~ hie br~ nat so cleItoIIJIIMtd yenIIiJI rQ be ~~-_ unfeU autuiud in wi1in by U connctinDafIIJcwIlhIn ttwtt- JIiot apeMIJ

(e) 8ktders lrdincUtlildlnl_inllld tinceSAWSIltomPllVlltGf A_~~wbeUnlshed~

DIIOIIPTIOII Of IUPllElIMIt __ or ~ f1IIInncIa in-dIKIbIg ltemll~ and nat restrlclMGIifIIIrwiM -d cnyto tndc_ al(I qJIIty of lTIIIleria WMn itent ~ dffer in ~__--_ _ _ _ _d_ oonose _ _ ___

4 QUAIITfTItS 81cfid1rs laquo~~CUtng ~IIIIIffOd nclCIIIcutMItt ~ poIIyOlSAWShoMverbullbull OI~blqInoaldCCJhdlng1O tS1IItbin Oftclull~CI~_ OI IIICII1tlfIIch~wtd aan-certlln __ CIIiIIulIJIedDft dlUllliBafa~ ehttlTight~ ~ccntractperiDd_S tlIMglUCt-PWiOCtSAWStnl~dIO_ ~any(JthelllmlarfMYdIIIIte or__ _the tIld~cr~ __ Undlrlivdl cannel_ _ __ __ __ __-

tudI~pIQpOHId on bISAWS~righltobld~inSAWfr~middot bull An~bkIdIIMd_cnWllhkhilimcrtlof tidillt ~ IIIsI then bull h ITWlel ptce or tIkIderI COlt _ aID n- tiddlllr GIll OWIQII tid but crI bull ~ alae-r SAWS resene riOM to8 ita ~RtctfliUi(jtbkI~ 1f1fldl twd ~SAWS 1heCOf1htt $AW$retii8fWSto~ar aud1i1enwfnlm~tobe~ orWCllk II) be

~0f8101 ) 8IdII tnd ~ lhIIbe encllOledln~-ape ~toCoMIIdhI 0fJtCIItS- MIanIoW_ ssaem 1hI ~ bull d tiddar1he date nhcu oftid opening aruI

__(b) __hllNOfmaeialar_ tidon- CtSAWS0IAIidt_ tel ~IIIUIt alJbMllledwltNntlll_~ ftO tI)SAWS IfnolOyenedorused dIrinQ ber~upanbullbulltidOInaplfllbull ___OIII11OD11CAllOH Of 81)8

BtrtlbeIme fOr bltdtlJlWllt9the ~Of~OfIctit ~ JftDiIIIMf~rWIII1ce~lUChlllGle8 reeehoedpiorlO IImt_dIiWI Ntfar tido~ oe-wu andmodlcltanalaquo ~ receMdfm1 _tor tfdopllllllrG tJensmedunopene4

1 DIIICOlJNTS () PfIynwtt cb~ wI1 be rcnkIIrMin ng d~1Dd of dlCOILIt cPftnd 1amp StftciIRto paymenllIIIhI aUCh period in CGIntI dtluslness The I1IIIUe of ~~

8IsGbII~IC1 (b) canon Mh any ~t1IIWbull be ~flaquom ell ~ Of IampCIPIes orJehlCe laquohrfn carrea1IWCice Isrtclliilled ~ dille ~iI dttmedtobe INIdI

on1he date 01 nIIng of the cfIeeIL SElLERS 11_() __ ___ __ ___5-__- _O Nobull __ _ _

(b) lWaicallil natmdyCI-n_receiipof~orlrMJiCel~ --------EXf_ Of _AI CONTRACT SAWS rwetMI ftamp ~ flO ~ 1fIIIIPIOIII to -nd _ tonncI ___ en pettod Of men taII ON arIUtItKt alfN tems eondions bull enunwraled lit me tern and CCtIdIIona cI~tor bt amt a price f1lpriCa noIto 1IIC88d_~

10 AyenfARD OF CCraquofTRACTr) The Connctthe bIdIiIr tJld~tothe ~_bIdl1I naI toSAWS b BIdders -dngOl~ablcfis~cI andDty~ The clwd1~(1) _ __-_

(2) _SAWS-_____ _ __

(l) __in SAWlr)ldleftWlt lOwbddlJr is noI SAWS to -d he ccnnrtto the 6iddIra ltil nattbe fJlSAWS~ton-d~ on riI in bi Oller ctffIrwtCaamplnbMkPlCa tlfleit8fn SAWSreurves tWUtotUe~ tdln_Nyenift ~cfSAWS to ~fcIIIowI

(1) 1IojIIcI(2) ___ _ _

3 ~bIQft_a-tsfJI~OIhertNnpice ~ ---111 rlfbidl is _IIiIMIr n ncfIctionof 8oardtlTfUItN$ In bIddIr prceestlhe ~ rteGltlnelldIJdbythe ~Ing chiIimlhe(C) SAWS=-==--=I~mtMlnQOf8oInf_~lWIfWIgpricrto d

(d) ____SAWS __ _

11 REJICT1OIOSAWSOf (a) __ _ _

1 n1iddIr~ft MIin1idI 1M1id ____COIIfcImtothe_the~OItid

a 1hI1id II cardIonaI ~

4 _ Thltbldll~__noI SAWS _ _ _bld _ d __SAWS~

CD) SAWSIWIttWIIDNIiJCtor tIkII1O~tIIdIOI_~btSAWSto _-tand fortnIIMlaquo it ND_IIOckoMIW~cftclWorOlltMlHdWorwh_ OIIIIitrd anwhtIhor lhtllbanOlkworOI 13 == CltrOlMtGIthI _ --or 01 AftyQIII Ol ~_ blIIOf~YfIICl

(OJ ___ _____dOhOIy_--________ (II) _ UnIt_ _ bid______ W_ _ __ __-_ shy~

~In_ _~_bt_~_ I11III1110001_) A__ _____(e) _ --Ild(st- _ _- ____ - _____ __

_ _ _ ___- - --InMOy- - ----- -1 A __ _ _ _ _ ___ __~ ~ 111___ -_ _____bull_-___bull_flr___ _ ____r0IIIC0rto~ prtcellJtor fIw1IIIlIddiIr fie ~ 0fticAr ~ wfntpect fte perfIw1t~ price _or ~ In Iheolktt

104 EQUAL MIIIOvtfT 0PPCNnlIfiY All conncaln dS10OOOOOoallhft t5laquo1IIIQhWUdt() TIIIt_ _ _ TIIIt_ _ _ ____- _ shy

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(d) AI iiddIraor~canncDsor~totubmlt Mdlaquo~-tn SIgnad OIIciIIIft ln Of~fIO~ u~-_~dDnaI___ _ Gn OIoJIIIrIIIgIan ~arIgi__ _ __3 __-~Acl(el Tho _Ordlr201bull _ _~~

Of1_~~farand~inCilllllMelanHUODIiaIId15 8I)8QNO

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11 FUNOIIG __ In fie _ _ _____ ____SAWS In tNa cowact tD to HCIn or far Oller cn vwnU - to jnMdIww Md iCQnWCl copita bullbull UCC 1iIngI-d factOtInO SOWS_IO - __ assIgrwnreM

~flIMIIt~to Otin t8ed_~bJ II)YWdlrIneeolIIIIIJIcaI fthokIIr

~~

17of21

SAWS STANDARD INSURANCE SPECIFICATIONS (Specifications)

I Commencing on the date of this Contract the Contractor shall at his own expense purchase maintain and keep in force such insurance as will protect him and the San Antonio Water System (SAWS) and the City of San Antonio (the City) and their employees and agents from claims which may arise out of or result from his operations under this Contract whether such operations are by himself by any sub-contractor supplier or by anyone directly or indirectly employed by any of them or by anyone fur whose acts any of them may be liable including without limitation the following

a Worken CompensatioD (WC) insurance that will protect the Contractor SAWS and the City from claims under statutory Workers Compensation laws disability laws or such other employee benefit laws and that will fulfill the requirements of the jurisdiction in which the work is to be pertbrmed

This insurance shall be endorsed to provide a Waiver of SubrogatioD in favor of SAWS and the City with respect to both this insurance coverage and the Employen Liability (EL) insurance (as specified immediately below in section lb)

b Employen Liability (EL) insurance (Coverage B under standard Workers Compensation policy) that will protect the Contractor SAWS and the City fur damages because of bodily injury sickness disease of vendors employees apart from that imposed by Workers Compensation laws The employers liability insurance shall have minimum limits ofliability ofnot less than

$ 100000000 Bodily Injury by Accident 100000000 Bodily Injury by Disease - Each Employee 100000000 Bodily Injury by Disease - Policy Limit

c Commerdal General Liability (CGL) insurance that will protect the Contractor SAWS and the City from claims fur damages because of bodily injury personal injury sickness disease or death and insurance that wilt protect the Contractor SAWS and the City from claims fur damages to or destruction of tangible property ofothers including loss ofuse thereof

This coverage shall

bull Cover independent contractors

bull Not include any exclusions relating to blasting explosion collapse ofbuildings or damage to underground property where applicable

bull Afford coverage fur Products Liabilityandor Completed Operations and Contractual Liability

The minimum limits ofliability fur this coverage shall be

$ 100000000 Occurrence Limit 200000000 General Aggregate

180f21

100000000 ProductsCompleted Operations Aggregate 100000000 Personal and Advertising Injury

5000000 Fire Legal Liability 100000000 Contractual Liability

This insurance shall be endorsed

bull Naming SAWS and the City as an Additionallosured and

bull To provide a Waiver of Subrogation in favor ofSAWS and the City

d Comprehensive Automobile Liability (AL) insurance that will protect the Contractor SAWS and the City from claims for damages arising out ofthe maintenance operation or use of any owned non-owned or hired vehicles Minimum limits of liability for bodily injury and property damage combined shall be not less than $100000000 per each occurrence

This insurance shall be endorsed

bull Naming SAWS and the City as an Additional Insured and

bull To provide a Waiver of Subrogation in favor ofSA WS and the City

e Umbrella LiabiUty (UL) insurance in the amount ofS200000000 This policy shall be ofan Occurrence type and the limit of liability shall be concurrent with (following form) and in excess of the EL CGL and AL insurance coverage as descnbed in paragraphs lb lc and Id above

f Contractors Pollution Liability Insuraoce with limits of $1000000 per occurrencelS2000000 in the aggregate The policy shall provide claims made coverage for all claims liabilities damages costs fees and expenses of any kind or character arising out ofany Pollution Condition(s) (as defined below) that js in any way related to CONTRACTORs operations actions or inactions and completed operations associated with any work performed by Contractor its subcontractors or any of their respective employees agents representatives or officers under this Contract Coverage must be maintained for a minimum of twenty-four (24) months after the end of the Contract term or ifthe Contract js terminated fOr any reason fOr a minimum oftwentyshyfour (24) months fOllowing the date of termination The policy retroactive date will be no later than the Contract start date

Pollution Condition(s) means the djscharge dispersal release or escape of any solid liquid gaseous or thermal irritant or contaminant including but not limited to smoke sewage vaplrs soot fumes acids alkalis toxic chemicals medical waste and waste materials into or upon land the atmosphere or any watercourse or body of water including groundwater provided such conditions are not naturally present in the environment in the amounts or concentrations discovered

The Contradors Pollution Liability losurance will pay on behalf of the CONTRACTOR SAWS and the City of San Antonio all claims demands damages liabilities costs fees and expenses of any kind or character fOr bodily injury or death

190f21

property damage environmental or natural resource damage and any fines fees assessments or penalties of any kind assessed by any governmental department agency or commission that resuh from or are related to a Pollution Condition(s) Coverage will include all subcontractors hired by CONTRACIOR to perform any work under this Contract

The policy shall also include the fullowing provisions

I) Coverage fur bodily injury to include physical injury sickness disease mental anguish and emotional distress sustained by any person including death

2) All costs that are related to or that arise out of or from the investigation or adjustment of any claim or in connection with any court arbitration mediation state administrative hearing or other proceeding ofany kind including attorneys fees expert witness fees costs charges and expenses of any kind or character that arise out ofor that are related to a Pollution Condition(s)

3) Coverage shall be Primary and in addition to any other valid and collectible insurance carried by SAWS and the City of San Antonio as respects to this Contract

4) Coverage fur Natural Resource Damages and any fines fees penalties or assessments by any governmental agency commission or department related to any Pollution Condition(s)

5) Insured versus Insured exclusion if fuund in the policy shall not apply to a claim by an Insured who qualifies as a Client of the Named Insured under the policy

6) IfNon-Owned Disposal sites are used for disposal ofwastes these sites shall be specifically included under the Contractors Pollution Liability Insurance policy and

7) Coverage for punitive exemplary and multiple damages

Automobile Liability policy ofCONTRACIOR halliing QlJy quantityof fluorosilicic acid shall either be endorsed to provide coverage under the TE9948 endorsement or the Contractors Pollution Liability Insurance policy shall be endorsed to provide transportation coverage beyond the boundaries ofthe testing andor delivery site(s)

2 Contractor shall require Sub-contractors to carry insurance coverage appropriate to their scope ofWork

3 Contractor shall furnish a completed Certificate ofInsurance which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage limits and termination provisions shown thereon

4 The insurance that is required under these Specifications shall be written so that SAWS and the City will be notified in writing in the event of cancellation restrictive endorsement or nonshyrenewal at least thirty (30) days prior to such action

200[21

5 Certificates of Insurance shall be filed with the System 10 days prior to the SAWS Board of Trustees award of the Contract The SAWS Contract namelBid number shaD be included in the Description of Operations section located in the bottom half of the standard ACORD Certificate furms

Certificates shall be mailed to SAWS directly to

San Antonio Water System Attention PurchBSbtg Division P O Box 2449 San Antonio TeDs 78198-1449

Contractor shall be responsible fur obtaining Certificates of IDsunnce from the first tier Subshycontractor and upon request furnish copies to SAWS

6 Separate Certificates of Insurance shall be filed with the City ofSan Antonio] 0 days prior to the SAWS Board of Trustees award of the Contract The SAWS Contract namelBid number shaD be included in the Description of Operations section located in the bottom half of the standard ACORD Certificate furms

Certificates shall be mailed to the City ofSan Antonio directly to

City ofSan Antonio Attention Risk Management PO Box 39966 San Antonio TX 78283-3966

A copy of the certificate of insurance provided to the City of San Antonio shall be provided to SAWS at the same time

7 Contractor is responsible for all deductibles under all ofthe insurance policies reqilired by these Specifications

8 The stated limits of insurance required by these Specifications are MINIMUM ONLY and it shall be the Contractors responsibility to determine what limits are adequate and the length of time this coverage shall be maintained the insurance limits are not a limit of the Contractors liability

These minimum limits may be basic policy limits or any combination of basic limits and umbrella limits SAWS acceptance of Certificates of Insurance that in any respect do not comply with these Specifications does not release the Contractor from compliance herewith

9 Contractor agrees that an insurance policies required bYthese Specifications shall be with insurance companies firms or entities that have an AM Best rating of A- (A- minus) and a Financial Size Category rating of a VII or better All insurance policies shall be of an Occurrence type except the Contractors Pollution Liability line ofcoverage

210f21

10 SURVIVAL

Any and all representations conditions and warranties made by Contractor under this Contract including without limitation the provisions ofSection lb ie and Id ofthese Insurance Specifications are ofthe essence ofthis Contract and shall survive the execution and delivery of it and all stalernents contained in any document required by SAWS whether delivered at the time ofthe execution or al a later dale shall constitute representations and warranties hereunder

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PENCCO INC Pioneer Engineering Chemical Company

AFFIDAVIT OF COMPLIANCE

This is to certify that the Hydrofluorosilicic Acid supplied by our company meets A WWA Standard B703-00 or the latest revision and is certified to NSFANSI Standard NSF-60

Signature shy

R L Home President

Name and Title ofOfficial

142010

Date

PO BOX 600 bull SAN FELIPE TX 11473

PHONE 919-885-0005 bull 800-864-174~ bull FAX 979-885-3208

INPOPENCCOCON

NSF Certified Products - Public Water Supply Treatment Chemicals Page lof2

NSF

NSF Product and Service Listings

These Listings were Last Updated on Thursday Janulry 14 Z010 at 415 AM Eastern Time Please contact NSF International to confirm the status ofany Listing report errors or make suggestions

Wami NSF is COIIccncd abot fradu 1 d-loIIdilll d iplaUolI ofwcbsik tOIl Ifyou havo relaquorod Ihis listiar in lIrd copy ys rorafirm tllis ccrtlflcatleDilistlac Infonnlion lIy COilli diretlly to hHnllmywnrforclCertlfOCllP1Ch_ibullbullblListilAlpfCOIIIQlnyNme-peDccoamp for tho latest most eatntl ifonnatlon

NSFANSI STANDARD 60 Drinking Water Treatment Chemicalsmiddot Health Effects

----------~-----~

PENCCO INC PO BOX 600 SAN FELIPE TX 77473 800-864-1742 979-885-0005

Facility DISTRIBUTION CENTER - RICHMOND CA

Hydrofluosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid

Product Function Fluoridation Fluoridation

Max Use 6mgIL 6mgIL

Hydrofluosilicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - SOUTH GATE CA

HydrofluosUicir Acid Trade Designation Product FlUlCtion Max Use Fluorosilicic Acid Fluoridation 6mgIL Fluosilicic Acid Fluoridation 6mgIL Hydrofluosiiicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - WILLOW SPRINGS IL

Hydroftuosllicir Arid Trade Designation Product Fll1ICtion Max Use Fluorosilicic Acid Fluoridation 6mgIL F1uosilicic Acid Fluoridation 6mgIL Hydrofluosilicic Acid Fluoridation 6mgIL

httpwwwnsforglCertifiedlPwsChemicalslListingsaspCompanyName=pencooampTrade111412010

NSF Certified Products - Public Water Supply Treatment Chemicals Page 20f2

Facility D1STRI BUTION CENTER - BALTIMORE MD

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Facility DISTRIBUTION CENTER

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Product Function Fluoridation Fluoridation Fluoridation

SEALY TX

Product Function Fluoridation Fluoridation Fluoridation

Facility DISTRIBUTION CENTER - WAXAHACHIE TX

Hydrofluosilicic Acid Trade Designation FLUOROSILICIC ACID FLUOSJLlCJC ACID HYDROFLUOROSILlCJC ACID HYDROFLUOSILICIC ACID

Product Function Fluoridation Fluoridation Fluoridation Fluoridation

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL 6mgIL

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httpwwwnsforglCertifiedlPwsChemicalslListingsaspCompanyName=penccoampTrade114120 10

PENCCO INC Pioneer Engineering Chemical Company

HydrofluorosiIicic Acid Bid QAlQC Info

Pencco meets AWWA Standards and is NSF Certified

Hydrofluorosilicic acid also known as HFS or FSA is a transparent colorless (water white to straw yellow) aqueous solution that is used in a variety of applications including the major end-use water treatment for fluoridation FSA is produced during the concentration of phosphoric acid in an evaporation process unique to the phosphate industry The vapor stream from the phosphoric acid reaction is scrubbed with water to form FSA from the naturally-occurring silica acid The final product is collected stored and tested prior to release for shipment Potential danger of contamination is minimized through compliance with NSF 60 NSF 60 typically checks sourlt)e product and any subsequent transfer before unloading into customer tanks

infopenccoCGm PO Bo 600 S Felipe Tens 77473-0600 9791885-0005 FAX 979f88S310ll

Refer FL-J43 September 2000

THE MANUFACTURE OF THE FLUORIDE CHEMICALS

All ofthe fluoride chemicals used in the US for water fluoridation sodium fluoride sodium fluorosilicate and fluorosilicic acid are useful byproducts of the phosphate fertilizer industry The manufacturing process produces two byproducts (I) a solid calcium sulfate (sheetrock CaS04) and (2) the gases hydrofluoric acid (HF) and silicon tetrafluoride (SiF4) A simplified explanation of the manufacturing process follows Apatite rock a calcium mineral found in central Florida is ground up and treated with sulfuric acid producing phosphoric acid and the two byproducts calcium sulfate and the two gas emissions These gases are captured by product recovery units (scrubbers) and condensed into 23 fluorosilicic acid Sodium fluoride and sodium fluorosilicate are made from this acid

The question of toxicity purity and risk to humans from the addition of fluoride chemicals to the drinking water sometimes arises Almost all of the over 40 water treatment chemicals that may be used at the water plant are toxic to humans in their concentrated form eg chlorine gas and the fluoride chemicals are no exception Added to the drinking water in very small amounts the fluoride chemicals dissociate virtually J 00 into their various components (ions) and are very stable safe and non-toxic

Opponents of water fluoridation have argued that the silicofluorides do not completely dissociate under conditions ofnormal water treatment and thus may cause health problems To counter these claims the basic chemistry of this dissociation has been carefully reviewed Scientists at the US Environmental Protection Agency (EPA) and CDC epidemiologists have examined the research that opponents of water fluoridation cite Both groups have concluded that these charges are not credible

The claim is sometimes made that no health studies exist on the silicofluoride chemicals used in water fluoridation That is correct We the scientific community do not study health effects of concentrated chemicals as put into water we study the health effects ofthe treated water Le what those chemicals become fluoride ion silicates and the hydrogen ion The health effects of fluoride have been analyzed by literally thousands of studies over SO years and have been found to be safe and effective in reducing tooth decay The EPA has not set any Maximum Contaminant Level (MCL) for the silicates as there is no known health concerns for them at the low concentrations found in drinking water Of course the measurement ofthe pH of the water determines the concentration of the hydrogen ion

Concern has been raised about the impurities in the fluoride chemicals The American Water Works Association (A WWA) a well-respected water supply industry association sets standards for all chemicals used in the water treatment plant including fluoride chemicals The A WWA standards are ANSJJ A WWA B701-99 (sodium fluoride) ANSJJ A WWA B702-99 (sodium

fluorosilicate) and ANSIIAWWA B703-00 (fluorosilicic acid) The National Sanitation Foundation (NSF) also sets standards and does product certification for products used in the water industry including fluoride chemicals ANSINSF Standard 60 sets standards for purity and provides testing and certification for the fluoride chemicals Standard 60 was developed by NSF and a consortium of associations including the A WWA and the American National Standards Institute (ANSI) This standard provides for product quality and safety assurance to prevent the addition of harmful levels of contaminants from water treatment chemicals More than 40 states have laws or regulations requiring product compliance with Standard 60 NSF tests the fluoride chemicals for the II regulated metal compounds that have an EPA MCL In order for a product [for example fluorosilicic acid] to meet certification standards regulated metal contaminants must be present at the tap [in the home] at a concentration ofless than ten percent of the MCL when added to drinking water at the recommended maximum use level The EPA has not set any MCL for the silicates as there is no known health concerns but Standard 60 has a Maximum Allowable Level (MAL) of 16 mgIL for sodium silicates as corrosion control agents primarily for turbidity reasons NSF tests have shown the silicates in the water samples from public water systems to be well below these levels

Arsenic according to NSF tests had an average of043 ugIL [parts per billion] in the drinking water attributable to the fluoride chemical Opflow a monthly magazine from the A WWA has found the arsenic level in the finished water from the fluorosilicic acid to be 0245 ugIL [OpflowVol 26 No 10October 2000] The NSF Standard 60 has a Maximum Allowable Level (MAL) of25 ugIL and EPA has a MCL of 50 ugIL although they have proposed to lower their MCL to 5 ugIL As you can see arsenic is less that III Oth ofeven the proposed EPA MCL Finally tests by NSF and other independent testing laboratories have shown no detectable levels

of radionuclides in product samples of fluoride chemicals There is no evidence that any of the known impurities in the fluoride chemicals have failed to meet any of these standards Opponents ofwater fluoridation have sometimes charged that industrial grade fluoride chemicals are used at the water plant instead ofpharmaceutical grade chemicals All the standards of AWWA ANSI and NSF apply to these industrial grade fluoride chemicals to ensure they are safe Phannaceutical grade fluoride compounds are not appropriate for water fluoridation they are used in the formulation of prescription drugs

Finally it is sometimes alleged that the fluoride from natural sources like calcium fluoride is better than fluorides added artificially such as from the fluoride chemicals presently used There is no difference There is no reason to change the opinion of CDC that water fluoridation is safe and effective

Thomas O Reeves PE National Fluoridation Engineer Program Services Branch Division ofOm] Health National Center for Chronic Disease Prevention and Health Promotion Centers for Disease Control and Prevention

2

8813 US Highway 41 South Riverview Florida 33569

EMERGENCY TELEPHONEmiddot CHEMTREC 1-800-424-9300

SECTION I PRODUCT INFORMATION

TRADE NAME Hydrofluosilicic Acid

CHEMICAL NAME I Hydrofluosilicic Acid

CAS NUMBER

CHEMICAL FAMILY

SYNONYMS

PRIMARY USE

SECTION II

FORMULA

COMPOSITION

SECTION III EMERGENCY OVERVIEW

16961-83-4

I norganic Fluorides

FluorosHicic Acid Hexafluosilicic Acid HFS FSA Auoridation of drinking water

COMPOSITION INFORMATION ON INGREDIENTS

H2SiF6

Hydrofluosilicic Acid 120-25

water 175-80

HAZARD IDENTIFICATION Large doses can cause nausea vomiting diarrhea abdominal buming and cramp-like pains Circulatory respiratory neNOUS complaints and skin rashes may occur Liquid

Health Hazards or vapor also causes severe irritation and bums Which will not be immediately apparent It also causes severe irritation to the lungs nose and throat If swallowed it can cause severe damage to throat and stomach

Physical Hazards Not applicable

Physical Form liquid

Appearance water White to straw yellow liquid

Odor Pungent

Toxicity Not identified as toxic by OSHA

NFPA HAZARD CLASS ~HAZARD CLAS Health 3

I Flammability 0

Instability Special Hazard 1

FlammabHity 1

Physical 2Hanrd

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOSt MOS16961061

POTENTiAl HEALTH EFFECTS

Acute - I Titant Chronic - Degenerative changes in the liver Fluorosis

POTENTIAl ENVIRONMENTAl EFFECTS

None listed

SECTION IV FIRST AID MEASURES

FIRST AID PROCEDURES

Eyes Invnediately flush with plenty of water for at least 15 minutes Get medical attention invnediately

Skin

Invnediately flush with plenty of water Remove contaminated clothing Discard contaminated clothing properly Get medical attention if irritation occurs or persists

Inhated Move to fresh air Administer oxygen Treat symptomatically Get medical attention promptly

Ingestion Give large quantities of water to patient if conscious 00 Not induca vomiting Seek medical attention promptly

NOTE TO PHYSICIAN Not applicable

SECTION V FIRE FIGHTING MEASURES

Flammable Properties

Flash Point Not applicable

Flammability Not applicable

LEUUEL Not applicable

Auto-Ignition Temperature

Not applicable

Extinguishing Media Small fires Water spray foam dry chemical or CO2

Large fires Water spray fog or foam

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOS MOS16961061

Wear selfcontained breathing apparatus with full protective clothing

Protection of Firefighters

Dangerous when heated to decomposition highly toxic and corrosive fumes of fluorides are emitted Will react with water or steam to produce toxic and COITOSive fumes May generate hydrogen in contact with some metals

SECTION VI

RESPONSE TECHNIQUES

ACCIDENTAL RELEASE MEASURES Small spills Contain spill and stop leak if it can be done without risk Use sodium carbonate or a mixture of soda ash and slaked lime sand or noncombustible absorbent material to soak up material Place in DOTmiddotapproved poly container and dispose of properly

Large spills Use same procedure as above Isolate spill area and deny entry Prevent discharge into waterways and sewers Material may be neutralized with sodium carbonate or a mixture of soda ash and slaked lime Contact proper local state or federal regulatory agencies to ascertain proper disposal techniques and procedures

All waste to be collected in a DOTmiddot IPOlY drum for disposal

= SECTION VII

HANDLING

HANDLING AND STORAGE

Avoid contact with eyes skin and clothing Wash thoroughly after handling Maintain proper hygiene practices when handling this product

STORAGE Use DOT-approved poly drum for storage

SECTION VIII EXPOSURE CONTROLS I PERSONAL PROTECTION

ENGINEERING CONTROLS

Eye wash and shaNer stations should be available where acid is being handled

PERSONAl PROTECTIVE EQUIPMENT (PPE)

EyelFace

Skin

Respiratory

Splash proof goggles and fullmiddotface shield should be worn at all times Acid proof gloves headgear protective shoes and clothing should be worn to Drevent contact Use respiratory for 20ppm or less concentration Use a self-contained breathing apparatus for concentrations of greater than 2Oppm

Other None

GENERAL HYGIENE CONSIDERA nONS

Avoid breathing fumes Avoid ingestion Wash thoroughly after handling Avoid contact with eyes or skin Use in adequate ventilation

EXPOSURE GUIDELINES

OSHA Permissible Exposure Limits (PEL) 25mgFm3

ACGIH Threshold Limit Value (TLV) 25 rng Fm3

Status New Issue ~ate February 3 2006 Section(s) Revised NlA MSDS MOS16961061

SECTION IX PHYSICAL AND CHEMICAL PROPERTIES

Note Unless othetWise stated values in this section are determined at 20middotC (68middotF) and 760 mm Hg (1 aim)

Flash Point Not applicable Flammabilityl Explosive Limits ()

Not applicable

Auto-Ignition Temperature

Not applicable

Appearance Water white to straw yellow liquid

Physical State Liquid

Odor Pungent Molecular Weight of Pure Material

14411g1mol

pH 12 Vapor Pressure (mmHg)

Not applicable

Vapor Density (air=1)

Not applicable

Boiling Point 2223 OF

FreezinglMelting Point Not applicable

Solubility in Water Not applicable 100 soluble in water

Specific Gravity 12

Volatility Not applicable

Bulk Density 98 Ibslfemiddot 25 Sol 77DF

SECTION X STABILITY AND REACTIVITY

Chemical Stability Stable

Conditions to Avoid Avoid all heat sources

Incompatible Materials Avoid contact with metals stoneware strong acids and alkalies explosives toxicants readily oxidizable materials alkali metals combustible solids and organic peroxides

Hazardous Decomposition Products

Extreme temperatures such as a fire cause formation of highly toxic and corrosive fumes of fluorides such as SiF and HF Hydrogen gas may be fonned at temperatures above 227DF

Corrosiveness Attacks silica bearing materials metals and stoneware Hazardous Polymerization

Will not occur

Status New Issue Date February 3 2006 Section(s) Revised NA MSDS MOS16961061

SECTION XI TOXICOLOGICAL INFORMATION

Acute Oral Toxicity 430 mgkg oral-rat LD50

Acute Dermal Toxicity 140 mgkg LOLo (Frog)

Mutagenesis No data available

Target Organ No data available

Developmental Toxicity No data available

Carcinogenicity No data available

SECTION XII ECOLOGICAL INFORMATION

ECOTOXfCOLOGY No data available

SECTION XIII DISPOSAL CONSIDERATIONS

Keep in covered DOT-approved poly drums pending disposal Handle and dispose in full compliance with an applicable Intemational Federal State and Local reQulations

SECTION XIV TRANSPORT INFO

Regulatory Status None established

Proper Shipping Name Hydrofluosilicic Acid

Hazard Class Class 8 (corrosive)

Packing Group II

Identification Number UN1778

Guide Number 154

SECTION XV REGULA TORY INFORMATION

CERClA Not Regulated RCRA 26133 Not Regulated

SARA TI11E III Section 302 Not Regulated (ExemptIons at 40 CFR Pan 370 may apply for agricuIIural use or lor quantllies of less

SectIon 304 Not Regulated Section 3111312 Acute and Chronic

than 10000 pounds _lie) Section 313 Not Regulated NTP tARC OSHA Recommended for Study IARC group 3 Not regulated by OSHA

(PSM) Canada OSL and NDSL On Inventory TSCA On Inventory

Status New Issue Date February 3 2006 SectIon(s) Revised NlA MSOS MOS16961061

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS Usted as Fluorosilicic Acid CBSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUED REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMATION THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are fumished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4001shy1998

Note to (if 8IlpicBble)

Status New Issue Date February 3 2006 Section(s) Revised NlA MSDS MOS16961061

I

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS listed as Fluorosilicic Acid CaSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUEO REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMAnoN THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are furnished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4OO1shy1998

Note to __ (d 8pP1icab1ei

Status New Issue Date February 3 2006 Section(s) Revised NJA MSDS MOS16961061

DATE IIlIMIOOIYYY) nleO

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ACORD CERTIFICATE OF LIABILITY INSURANCE I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERllFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR

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If SUBROGATION IS WAIVED subject to the teons and conditions of the poHcy certain policies may require an endorsement A statement on this certificate does not OJOfer rights to the certificate holder in lieu of such endorsement(s)

DISCLAIMER

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ACORD 25 (2001108)

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4 Expediated Delivery UNIT PRICE 92500

APPRO~ATETOTAL TOTAL 50000000

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BID INVITAnONS WERE MAUD TO ANDOR PICKED UP BY

Pennco SAWS Website Napea Chemical Cobull Inc Demandstar OXl UnivarUSA

Page 8: 331 Twisted Wood Dr.coalitionforsafemeters.org/TFSDW/PENNCO_Contract_2010.pdf · At the February 2,2010, meeting of the San Antonio Water System (SAWS) Board of Trustees, you were

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 6 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

9 There shall be no foreign materials evident in the delivered product associated with previously transported materials in the delivery tanker (ie oils other chemicals or other residues) The delivery transport company if separate from the chemical supplier will be responsible through the supplier for the cleanliness of the delivery tank vessel The transport company shall provide a certification ofcleanliness of the tank interior for every delivery regardless of size stating the tank was cleaned and free of foreign materials prior to loading of the Fluorosilicic acid The supervisor or his designated representative has the authority to reject material load if evidence of foreign material in the delivery tanker is present

10 Bidders are responsible for familiarizing themselves with the product unloading facilities and conditions at the pump stations Some sites bave limited access due to street andor site configuration This must be considered by the vendor to determine delivery quantity and truck capacity vehicle size and type to assUe access to pump station sites The vendor is responsible for determining the site delivery requirements to the appropriate delivery method whether large tanker small transport truck nurse tank 55-gallon drum or other approved method The vendor shall furnish certified weight tickets for each tank load delivery showing gross tare and net weights

II Vendor designate (driver or emergency response team) is responsible for spillage and clean up at the point of deliVery Driver or delivery personnel must be equipped with personal protective equipment (PPE) while loadingunloading material Contractors personnel and equipment shall be fully equipped and capable of performing all necessary delivery operations in a safe manner without assistance from SAWS or its employees Anytime work is to be performed near pumps or acid storage goggles face shield rubber gloves and an apron are the absolute minimum PPE to be worn If acid transfers are to be made a PVC raincoat should also he worn

12 All shipments must contain material safety data sheets (MSDS) and packing lists that include a proper description purchase order number unit cost and name of the person placing the order

13 Vendors shall include in their bid response descriptive literatlUe ofproduct being bid

14 Estimated Quantities No minimum or maximum quantities of fluorosilicic acid are guaranteed for the period ofthis contract Estimated quantities are noted in the attached pumpage table

15 The vendor shall provide three training sessions of 4 hours each on product safety and bandling prior to the first delivery of the product and annually thereafter for product safety training Vendor must submit Training Plan to cover product details manufacturing transportation and required PPE for safe bandling per OSHA requirements Safety training will be coordinated with SAWS Safety Department Velma Paniagua or Al Delgado of the SAWS Production Department will provide the SAWS Safety Department Point ofContact to the vendor prior to scheduling the training The Production Department will assist in coordinating the training between the vendor and SAWS Training Department

16 SAWS reserves the right to do quality assurance testing of the product on a periodic basis to verify the physical characteristics andor chemical content SAWS will also visually examine each load prior to

Pencco Inc

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 7 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

discharge from the vendors transport trucktrailer The vendor should allow for visual observations andor periodic physical testing to be done by SAWS Periodic physical testing may require up to one hour of additional time prior to unloading of product There will be NO demurrage charge for the one-hour time allowed for the physical testing Vendor must break the material seal collect the sample and hand it over to SAWS representative Under no circumstance will a SAWS employee be allowed to climb into truck and collect a sample

17 Notification The Contractor shall fax or e-mail the following information DO later thaD 200 pm the day prior to the scheduled delivery date to the SAWS representative ordering the shipment

Truck and tanker identification Drivers name and drivers license number Name ofcontract carrier if pre-authorized by SAWS Estimated arrival time and date Serial numbers of tanker trucks (ifapplicable)

middotSAWS shall provide a list ofcontact names and fax numbers after bid has been awarded

18 Delivery The delivery trucks wil first rqgtOrt to the Mission Service Center at 515 Mission Road for the chemical testing Periodic verification testing performed by SAWS or its agent will be in accordance with AWWA B703 After verification testing the truck will be dispatched to the delivery site and escorted at the site by maintenance personnel SAWS Points of Contacts are Velma Panaguai at (210) 233 3347 or AI Delgado at (210) 233 3363 for the site access and escort to various sites Delivery sites are listed below

Puml Stgtion Address AI Code 34 St 3939 Flagle 78237 Anderson 5025 W Loop 1604 N 78251 Artesia 703 At amp T Ctr Pkwy 78219 Basin 7110 Basin Drive 78216 Maltsberger 89] 0 Jones Maltsberger 78216 Marbach 7614 Marbach Rd 78227 Mission 605 E Theo 78210 Naco 13655 OConnor Rd 78233 Randolph 212 S WeidnerRd 78233 Wurzbach 6111 Wurzbach Rd 78238 Marlcet 106 W Maricet St 78205 Micron 7203 Micron Dr 78251 Winwood 28555 I lOWest 78257 Barbel 526 Pilgrim 78213 Brackenridge 13 amp 14 2300 Avenue B 78215

Pencco Inc Name of ~ (Comny) (print or type) Si9ngtOi-tosign bid

Monica Avila Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVIT AnON BID (continued)

Page No 8 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

Pamg Station Addness Zip Code Gateway 1 amp2 6615 RustJeaf 78242 Klaus 2660 Eisenhauer 78209 Lackland 6 amp 6A 8219 Five Palms 78242 LomaLinda 5218 Lorna Linda Dr 78201 Northwood 2319 Kenilworth 78209 Pipers Meadow 7721 Joe Newton 78251 Seale 254 SealeRd 78219 Sunshine 1929 S1 Cloud 78228 Sutton 942 Sutton Dr 78228 Turtle Creek 2 8523 Data Point 78229 Turtle Creek 3 8815 Data Point 78229 Walzem 127 Newport 78218 Woodlake 6663 FM 78 78244 Oliver Ranch 26293 US Hwy 281 N 78258

Damages Contractor shall be responsible for furnishing all required and applicable leak spill repair clean up equipment and kits for all vehicles making deliveries to SAWS facilities Contractor shall be liable for cleanup and lor repairs ofany damaged facility equipment by spillage or during chemical delivery caused by negligence or faulty equipment

Pencco Inc _afBl_(C_y) (pllnlortype) ~mca ~Bra Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 9 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

GENERAL CONDITIONS

1 This bid contains General Conditions and Specifications as well as in some areas other specific required information and material It is the bidders responsibility to be completely familiar with any and all requirements Failure to do so may result in bid being declared non-responsive

2 Any manufilcturer brand and model numbers used in these specifications are for the purpose of describing and establishing minimum requirements or level of quality standard of performance and design required and in no way intended to prohibit the bidding of other rnanufilcturers items ofequal specifications

3 The section headings or paragraph captions contained herein are for convenience of reference only and not intended to define extend or limit any provisions of this contract

4 Prices must be quoted FOB SAWS receiving agency San Antonio Texas Upon award of a contract the supplier is obligated to deliver the goods to the required destination and bears the risk of loss until delivery

5 Bids may not be conditioned on minimum deliveries The quantities shown are estimates only and are in no way binding upon SAWS Estimated quantities will be used for the purpose of evaluation SAWS may increase or decrease quantities as needed

6 Freight will be paid only when SAWS has made a request for expedited delivery

7 It will be the bidders responsibility to be completely familiar with all specifications prior to submitting bid No extra payment for the work specified will be considered Bidder must include all costs related to this bid in their unit price

8 Bidder by submitting a quote acknowledges that they have read and fully understand all requirements and take no exceptions

9 Bidder by submitting a bid hereby agrees that all SAWS requirements contained in this bid document take priority over any attached brochures literature company stated warranties andor requirements unless specifically spelled out in a separate letter titled Bid Exceptions

10 Please fill in prices make one copy for your file and submit all pages of the original bid form The Bidder shall furnish all information required by the bid fann The Bidder shall print or type hislher name and manually sign the schedule and each continuation sheet (Delete item 2a of Terms and Conditions of Invitation for Bid) Copies aDd fued bids willoot be accepted Bids can be downloaded from SAWS website at wwwwawsorg

11 Bid shall be enclosed in a sealed envelope addressed to the Purchasing Division in accordance with instructions contained herein with the name and address of bidder date and hour of bid opening and title of the bid solicitation placed on the outside of the envelope No Bids should be returned by the bid opening date with No Bid indicated on the envelope in addition to the bid number and bid opening date SAWS assumes no responsibility for bids not processed due to the fililure of the bidder to identify the envelope as a bid response

Pencco Inc Name af Bidder (Company) (print or type)

AV11aSigure af persqn authorized IIgt Sign bid

Mon1ca Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 10 No Pages 21

Item Estimated Unit Total No-__Quanti~ty~__________---Descrciption Price Amount

12 If bidder obtains bid specifications via Internet the bid must be submitted in hard copy according to the instructions contained in this bid If in its bid response bidder makes any changes whatsoever to SAWS bid specifications SAWS bid specifications as published shall controL Furthermore ifan alternation ofany kind to SAWS published bid specifications is only discovered after the contract is executed and is or is not being performed the contract is subject to immediate cancellation

13 Bidders facilities and equipment can be a determining factor in making the bid award All bidders wiD be subject to inspection of their facilities and equipment

14 All subject price lists should be submitted with this bid and shall become a part hereof However if in the opinion of the SAWS Purchasing Agent it is impractical for bidder to include published price lists as part of this bid and to furnish any price lists andor written changes as required herein bidder shall permit the Purchasing Agent or hislher authorized representatives to inspect the pertinent published price lists andor written changes in the office of the bidder or at any other location approved by the Purchasing Agent

15 By submittal of this bid bidder certifies to the best of their knowledge that all information is true and correct

16 A bid that has been opened may not be changed for the purpose ofcorrecting an error in the bid unit price

17 Bidder must submit Material Safety Data Sheets with the bid for any hazardous chemical quoted or supplied under this quote

18 SAWS will not be liable for any costs incurred by a bidder in responding to the bid request

19 Damaged goods or goods received due to error by supplier will be returned and supplier will pay freight

20 If not aliqle purchase tile qlUllltlties SboWD are estimates ollly aad are iD DO way biDdiDg DpoD SAWS Estimated quantities will be DIed tbr tile purpose of evlluation SAWS may iDcrease or decrease quantities U Deeded

21 When supplier cannot abide by terms and conditions in fulfilling the contract supplier must furnish service or goods from other sources at the contract price If supplier delays in the above SAWS reserves the right to purchase on the open market and charge supplier the difference between contract price and the purchase price

22 Bidder warrants that all deliveries under this bid will be of the type and quality herein specified SAWS may reject or refuse any delivery which falls below the quality required in the specif1C8tions and SAWS shall not be held to have accepted any delivery until after it has made an inspection of same and has had an opportunity to exercise this right of rejection

23 Bidder shall be responsible for alI charges which relate to the delivery of the goods to SAWS place ofbusiness and for the return to bidder of any goods fliected as being non-conforming under the specifications

Pencco Inc SignaIunt ~_10lion bid

Monica Avila Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONO TEXAS

FORMAL INVITATION BID (continued)

Page No 11 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

24 SAWS is the final judge ofproduct acceptability for items quoted on this bid

25 SAWS Specifications and Terms and Conditions provided with this bid document will prevail in the event of conflict with bidders

26 SAWS reserves the right to cancel this contract witb a 30 day written notice without cause

27 Termination-Breach Should vendor fail to fulfill in a timely and proper manner as determined solely by the Purchasing Director its obligations under this contract or violate any ofthe terms ofthis contract SAWS shall have tbe right to immediately terminate the contract Notice of termination shall be provided in writing to the vendor effective upon the date set forth in the notice Such termination shall not relieve the vendor of any liability to SAWS for damages snstained by virtue ofany breacb by the vendor

28 No oral statement of any person shall modify or otherwise change or affect the terms conditions or specifications stated in the resulting contract The SAWS Purchasing Division will make all change orders in writing

29 The successful bidder shall not sell assign transfer or convey this contract in whole or in part without the prior written consent of the Purchasing Division

30 The obligations of the parties hereto are performed in Bexar County Texas and if legal action is necessary to enforce same exclusive venue shall be within Bexar County Texas

31 Contractor shall defend indemnify and bold hannless SAWS from and against any liability loss cost and expense of whatsoever nature including those related to death bodily injury sickness disease andlor loss or destruction of property (including reasonable attorneys fees and costs of defense) resulting from Contractors performance of the services to the extent that such losses arise out of andor are attributed to the sole or concurrent negligence errors or omissions or strict liability of Contractor its employees Subcontractors agents or their respective employees Where liability is attributable to the joint negligence or fault ofContractor and SAWS Contractors duty of indemnification shall be limited to Contractors (and Contractors agents Subcontractors or employees) allocable share ofjoint negligence or fault

This indemnity shall be broadly construed to apply to all liability attributed to the concurrent and sole negligence ofcontractor and shall survive termination of this agreement

32 The goods or services furnished under this contract shall be covered by tbe most favorable commercial warranties given to any customer for same or similar supplies or services The implied warranties and remedies of the Universal Commercial Code are included in this procurement and shall apply to the issued purchase ordercontract

33 Prospective bidders must prove beyond any doubt to the SAWS Purchaaing Agent that they are duly qualified capable bondable etc to fulfill and abide by the specifications herein listed

Pencco Inc 5qIaItnt of ___10 sign bid

HameofB_(~) (pnntOitype)

Monica Avila Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 12 No Pages 21

Item Estimated Unit Total _N--o___O--u--a--ntity-___________Description Price Amount

34 Right to Audit (lump sum contracts) SAWS or its designated agent shall have the right to audit at any time the Contract related records and associated documents of the Contractor and Subcontractor Such right to audit shall be for the determination of the accuracy and validity of the Contractors and Subcontractors billing to SAWS and for verifying compliance with other terms and conditions of the Contract

35 Contractor and Subcontractor shall maintain aU records required to be kept by law rule or regulation or records required to document performance of the services specified in the contract documents The records shall be maintained for the period required by law for a reasonable period in the absence of the applicable law or for two (2) yesrs after completion ofall services whichever is greater Contractor shall provide to SAWS copies of such records as provided in the contract documents or as reasonably requested by SAWS after performance of the service

36 It is expressly understood and agreed by both parties hereto that SAWS is contracting with the successful bidder as an independent contractor The parties hereto understand and agree that SAWS shall not be liable for any claims which may be asserted by any third party occurring in connection with the services to be performed by the successful bidder under this contract and that the successful bidder has no authority to bind SAWS

37 The successful bidder agnes to indemnifY and hold SAWS harmless from any claim involving patent infringement or copyrights on goods supplied

38 If insurance is required the minimum insurance to be maintained shaU he in accordance with SAWS Standard IDsIUIUICe Spedtkations Bidder should submit a draft Insurance Certificate with Bid The successful bidder shall furnish a completed Certificate of Insuraoce which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage limits and terminstion provisions shown thereon Successful bidder will be required to maintain at all times during performance of the contract the insurance detailed in this bid document

Certificate of Insurance shall be filed with the System no later than 5 days after notification ofpending award of contract and before starting any work Certificates should he mailed to the Purchasing Division San Antonio Water System P O Box 2449 San Antonio Texas 78298-2449 CONTRACfORs CertHkate shan refereDce the SAWS bid Dumber at time ofsDbmittaL

39 The successful bidder shall mail invoices to the SAWS Accounts Payable Section P O Box 2449 San Antonio Texas 78298-2449 Invoices for payments and correspondence for this contract must reference the SAWS purchase order number

40 No officer or employee of SAWS shall have a financial interest direct or indirect in any contract with SAWS or shall benefit financially directly or indirectly in the sale to SAWS of any materials supplies or services except on behalf of SAWS as an officer or employee In this instance a SAWS employee is defined as any employee ofSAWS who is required to file a financial involvement report pursuant to the Citys ethics ordiuance

41 Any successful supplier required to perform any type of construction or service related work at SAWS location as a result ofthis bid or proposal must comply with all requirements shown in SAWS Health and Safety Program

Pencco Inc Name a( Bidder (CIlnIpanyI (print 0lt type) SIgnmint a( person auI1oIized lo sign bid

Monica Avila Bid Sec

SAN ANTOMO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 13 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

and Security Procedure No 2-11 Copies can be obtained from the SAWS Safety Officer at (210) 233-3616 Failure to comply with this requirement shall deem project in non-compliance and may result in immediate termination with cause

42 Suppliers employees performing work or making deliveries on SAWS property other than for a one-time drop shipment will be required to provide their employees with a photo identification badge that includes the company name no exception

43 Bid exceptions will be cause for rejection ofany bid at the sole discretion of the Purchasing Director

44 SAWS reserves the right to award this bid to more than one supplier

45 Award ofall bids and RFPs will be based on Best Value as determined by SAWS

46 In the event the San Antonio Water System Board does not appropriate tuuds for continuation of this contract for any fiscal year after the first fiscal year and it has no funds to continue this contract from other sources SAWS shall be released from its obligations under this contract

47 If a third party is used to ship mercbandise the shipping documents MUST include all SAWS Purchase Order Numbers

Pencco Inc SignaIuIe _IW_ 0 ~n bid

Monica AV11a Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVfTATlON BID (continued)

Page No 14 No Pages 21

Item Estimated Unit Total No Quantity Desaiption Price Amount

Security Requirements

Contractor shall ensure a Prime Contractor Data Form (PCDF) and a Background Saeening Letter (provided by SAWS Security) is properly completed fopound all employees performing work under this Agncment and on file with the SAWS Security Office prior to work commencement Subcontractors perfurming wort must be listed on the PCDF Contractor shan be responsible for the accuracy of information on the PCDF and fOr obtaining any and all required items (badges and parking tags) necessary to fulfilling the work under this Agreement The PCDF must be sent electronically to SCluritywoup(llIIwsorg Contractor shall advise the SAWS Project Manager of any employee terminations or changes to personnel perfurming work under this Agreement and Contractor sball immediately turn in any and all badges andor parking tags of employees who are terminated or no longer perfOrming work under this Agncment If there are any changes in the infOrmation contained in the PCDF or the Background Screening Letters Contractor shall immediately notifY the SAWS Project Manager and provide updated PCDF and Background Screening Letters with copies to securitygroup[iSllwsorg

Contractor and its employees and agents shall obtain a SAWS photo identification badge (Contractors Badge) and parking tag if necessary prior to any work on SAWS property which shall be used only fopound plllJlO5CS necessary to perfurm the work under this Agreement SAWS Badge Office bours are Monday and Friday 100 pm to 500 pm (hours are subject to change) Security Staff can be contacted at (210) 233-3760 or (210) 233-3616 A replacement fee shan be charged to replace any lost or damaged badges or parking tags As a condition of final payment Contractor shall return all badges and parking tags to the Security 0 ffice In the event Contractor fails to return all security badges and parking tags in addition to any other rights or remedies to which SAWS may be entitled at law or in equity SAWS may withhold from payment to the Contractor the sum ofS50000 dollars per badge or parking tag as liquidated damages Contractor agrees that the actual amount of damages fOr failore to return the badges andor parking tags are difficult to determine and the liquidated damages herein are not a penalty but are a reasonable estimate of the costs and expenses that may be incurred by SAWS for failure to return the badges or parking tags

Certain designated SAWS facilities Oist with SAWS Security) require a SAWS employee to physically escort Contractor at all times SAWS may in its sole discretion waive the escort requirements if the PCDF and a clean Background Screening Letter signed by an authcrized representative ofContractor are approved by SAWS Security

Subcontractors must always be under escort of the Contractor while perfOrming wort on any SAWS designated primary facility (list with SAWS Security) Subcontractors must display either a company photo badge with name or a valid driven license at all times while working on any SAWS property Contractor is solely responsible for the actions of its employees agents contractors and subcontractors

Due to changing security environments Contractor MUST be prepared fOr additional security requirements at its expense including background checks AiJy person fuund to have an unacceptable background check (as determined by SAWS review of submitted paperwork or other infurmation provided to or obtained by SAWS) will not be allowed to pertbrm work under this Agreement or on SAWS facilities Notwithatanding anything herein to the contrary any provisions in these Security Procedures that may appear to give SAWS the right to direct Contractor as to details ofdoing any work under this Agreement or to exercise a measure of control over any security measures or such work shall be deemed to mean that Contractor shall fullow the desires of SAWS in the resatD ofthe work or security measures only

Advance coordination by Contractor with SAWS Security office for these security requirements is necessary to ensure no delays with timely perfurmance of the work In the event Contractor fails to comply with SAWS Security requirements SAWS may with no penalty or claim against SAWS issue a Work Stoppage Order until the security violation (s) are remedied

PenCCD Inc Name ofBidder (~) (print or type) SiaoIIure at r$OIIJMh~ to IiIII bict

-MDn~ca Av~~a H10 Sec

~--------

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

____________F_O_RMAL_~IIMTAnON BID (continued)

Page No 15 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

IMPORTANT MAILING INSTRUCTIONS

Mark Envelope

DID NAME FLUOROSILICIC ACID

DID No 10-2088

OPENING DATE JANUARY 192010 TIME 900 AM

MAIL TO DELIVER TO

Purchasing Division Purchasing Division San Antonio Water System San Antonio Water System P O Box 2449 2800 US Hwy 281 North San Antonio Texas 78298-2449 San Antonio Texas 78212

NOTE It is the bidders responsibility to ensure that bids are received in the prescribed manner by the stated date and hour ofthe bid opening

-------------------------------------------Pencco Inc

SIIn8IIn of iIUtII_ IIgt sign bid Monica Avila Bid Sec

___

170f21

81___d _ __ tl-__1 GEJIIERAL COMDnIOMS

(a) _____ -__

~ Bktder mIIIIe ~neceuytoirlOrmhiml tharouCINtn GllhetyOl ______~lSreqJredbrtt1bid~ NopllnOfiQnOr~bwtha~of

CiCIfldIonI th or hIreIbr_ra Of (W CIIMMn on PI __ blddIw to III t-=-~~ and irwaIgiIOnIto k ewIfy deIIIl the f1II1Wlmentl Of the ccnr1lCl _ _ __ _ __W__(_S) _ CltnrtltIor

~CI aMrd d IMt conIrICt SAWS IhtI hMoe rtght to CiInCIId oniIrs upon 01 ConIJ-=- to dIIIiyenIty n in 1WGPQUf SAWS SfIM 8110 h8we ~ rigtIt to 0Idet naeriilh ~ COIJ1IIIRIbIedelSilnandqu8ltyittequtltDa~itIIClIdIIdkardIno~frclMiWIy~~nIlOchCotII forcIfknnce~ofmateriamp~

2 PREPARATION Of lIDS 81C11 be tftPIAdlftllCClOfdne ~ () TheBiddlt fumtsh 81 1nreIohdbythe tidbm TtIe bidder pitfor typIthlSfInd 1NIIIoII~tndal~1I ShIM Gnwbkttentry 1$ madre (b lNprioes betLflaiMt -rar_nIiortCII UIilprice ~

(e)(d) Where____ ~cfbull ______ and l1li kWIIIIIaft tor bid IIIppnMIcf ~ hie br~ nat so cleItoIIJIIMtd yenIIiJI rQ be ~~-_ unfeU autuiud in wi1in by U connctinDafIIJcwIlhIn ttwtt- JIiot apeMIJ

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4 QUAIITfTItS 81cfid1rs laquo~~CUtng ~IIIIIffOd nclCIIIcutMItt ~ poIIyOlSAWShoMverbullbull OI~blqInoaldCCJhdlng1O tS1IItbin Oftclull~CI~_ OI IIICII1tlfIIch~wtd aan-certlln __ CIIiIIulIJIedDft dlUllliBafa~ ehttlTight~ ~ccntractperiDd_S tlIMglUCt-PWiOCtSAWStnl~dIO_ ~any(JthelllmlarfMYdIIIIte or__ _the tIld~cr~ __ Undlrlivdl cannel_ _ __ __ __ __-

tudI~pIQpOHId on bISAWS~righltobld~inSAWfr~middot bull An~bkIdIIMd_cnWllhkhilimcrtlof tidillt ~ IIIsI then bull h ITWlel ptce or tIkIderI COlt _ aID n- tiddlllr GIll OWIQII tid but crI bull ~ alae-r SAWS resene riOM to8 ita ~RtctfliUi(jtbkI~ 1f1fldl twd ~SAWS 1heCOf1htt $AW$retii8fWSto~ar aud1i1enwfnlm~tobe~ orWCllk II) be

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1 DIIICOlJNTS () PfIynwtt cb~ wI1 be rcnkIIrMin ng d~1Dd of dlCOILIt cPftnd 1amp StftciIRto paymenllIIIhI aUCh period in CGIntI dtluslness The I1IIIUe of ~~

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on1he date 01 nIIng of the cfIeeIL SElLERS 11_() __ ___ __ ___5-__- _O Nobull __ _ _

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10 AyenfARD OF CCraquofTRACTr) The Connctthe bIdIiIr tJld~tothe ~_bIdl1I naI toSAWS b BIdders -dngOl~ablcfis~cI andDty~ The clwd1~(1) _ __-_

(2) _SAWS-_____ _ __

(l) __in SAWlr)ldleftWlt lOwbddlJr is noI SAWS to -d he ccnnrtto the 6iddIra ltil nattbe fJlSAWS~ton-d~ on riI in bi Oller ctffIrwtCaamplnbMkPlCa tlfleit8fn SAWSreurves tWUtotUe~ tdln_Nyenift ~cfSAWS to ~fcIIIowI

(1) 1IojIIcI(2) ___ _ _

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11 REJICT1OIOSAWSOf (a) __ _ _

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a 1hI1id II cardIonaI ~

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_ _ _ ___- - --InMOy- - ----- -1 A __ _ _ _ _ ___ __~ ~ 111___ -_ _____bull_-___bull_flr___ _ ____r0IIIC0rto~ prtcellJtor fIw1IIIlIddiIr fie ~ 0fticAr ~ wfntpect fte perfIw1t~ price _or ~ In Iheolktt

104 EQUAL MIIIOvtfT 0PPCNnlIfiY All conncaln dS10OOOOOoallhft t5laquo1IIIQhWUdt() TIIIt_ _ _ TIIIt_ _ _ ____- _ shy

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17of21

SAWS STANDARD INSURANCE SPECIFICATIONS (Specifications)

I Commencing on the date of this Contract the Contractor shall at his own expense purchase maintain and keep in force such insurance as will protect him and the San Antonio Water System (SAWS) and the City of San Antonio (the City) and their employees and agents from claims which may arise out of or result from his operations under this Contract whether such operations are by himself by any sub-contractor supplier or by anyone directly or indirectly employed by any of them or by anyone fur whose acts any of them may be liable including without limitation the following

a Worken CompensatioD (WC) insurance that will protect the Contractor SAWS and the City from claims under statutory Workers Compensation laws disability laws or such other employee benefit laws and that will fulfill the requirements of the jurisdiction in which the work is to be pertbrmed

This insurance shall be endorsed to provide a Waiver of SubrogatioD in favor of SAWS and the City with respect to both this insurance coverage and the Employen Liability (EL) insurance (as specified immediately below in section lb)

b Employen Liability (EL) insurance (Coverage B under standard Workers Compensation policy) that will protect the Contractor SAWS and the City fur damages because of bodily injury sickness disease of vendors employees apart from that imposed by Workers Compensation laws The employers liability insurance shall have minimum limits ofliability ofnot less than

$ 100000000 Bodily Injury by Accident 100000000 Bodily Injury by Disease - Each Employee 100000000 Bodily Injury by Disease - Policy Limit

c Commerdal General Liability (CGL) insurance that will protect the Contractor SAWS and the City from claims fur damages because of bodily injury personal injury sickness disease or death and insurance that wilt protect the Contractor SAWS and the City from claims fur damages to or destruction of tangible property ofothers including loss ofuse thereof

This coverage shall

bull Cover independent contractors

bull Not include any exclusions relating to blasting explosion collapse ofbuildings or damage to underground property where applicable

bull Afford coverage fur Products Liabilityandor Completed Operations and Contractual Liability

The minimum limits ofliability fur this coverage shall be

$ 100000000 Occurrence Limit 200000000 General Aggregate

180f21

100000000 ProductsCompleted Operations Aggregate 100000000 Personal and Advertising Injury

5000000 Fire Legal Liability 100000000 Contractual Liability

This insurance shall be endorsed

bull Naming SAWS and the City as an Additionallosured and

bull To provide a Waiver of Subrogation in favor ofSAWS and the City

d Comprehensive Automobile Liability (AL) insurance that will protect the Contractor SAWS and the City from claims for damages arising out ofthe maintenance operation or use of any owned non-owned or hired vehicles Minimum limits of liability for bodily injury and property damage combined shall be not less than $100000000 per each occurrence

This insurance shall be endorsed

bull Naming SAWS and the City as an Additional Insured and

bull To provide a Waiver of Subrogation in favor ofSA WS and the City

e Umbrella LiabiUty (UL) insurance in the amount ofS200000000 This policy shall be ofan Occurrence type and the limit of liability shall be concurrent with (following form) and in excess of the EL CGL and AL insurance coverage as descnbed in paragraphs lb lc and Id above

f Contractors Pollution Liability Insuraoce with limits of $1000000 per occurrencelS2000000 in the aggregate The policy shall provide claims made coverage for all claims liabilities damages costs fees and expenses of any kind or character arising out ofany Pollution Condition(s) (as defined below) that js in any way related to CONTRACTORs operations actions or inactions and completed operations associated with any work performed by Contractor its subcontractors or any of their respective employees agents representatives or officers under this Contract Coverage must be maintained for a minimum of twenty-four (24) months after the end of the Contract term or ifthe Contract js terminated fOr any reason fOr a minimum oftwentyshyfour (24) months fOllowing the date of termination The policy retroactive date will be no later than the Contract start date

Pollution Condition(s) means the djscharge dispersal release or escape of any solid liquid gaseous or thermal irritant or contaminant including but not limited to smoke sewage vaplrs soot fumes acids alkalis toxic chemicals medical waste and waste materials into or upon land the atmosphere or any watercourse or body of water including groundwater provided such conditions are not naturally present in the environment in the amounts or concentrations discovered

The Contradors Pollution Liability losurance will pay on behalf of the CONTRACTOR SAWS and the City of San Antonio all claims demands damages liabilities costs fees and expenses of any kind or character fOr bodily injury or death

190f21

property damage environmental or natural resource damage and any fines fees assessments or penalties of any kind assessed by any governmental department agency or commission that resuh from or are related to a Pollution Condition(s) Coverage will include all subcontractors hired by CONTRACIOR to perform any work under this Contract

The policy shall also include the fullowing provisions

I) Coverage fur bodily injury to include physical injury sickness disease mental anguish and emotional distress sustained by any person including death

2) All costs that are related to or that arise out of or from the investigation or adjustment of any claim or in connection with any court arbitration mediation state administrative hearing or other proceeding ofany kind including attorneys fees expert witness fees costs charges and expenses of any kind or character that arise out ofor that are related to a Pollution Condition(s)

3) Coverage shall be Primary and in addition to any other valid and collectible insurance carried by SAWS and the City of San Antonio as respects to this Contract

4) Coverage fur Natural Resource Damages and any fines fees penalties or assessments by any governmental agency commission or department related to any Pollution Condition(s)

5) Insured versus Insured exclusion if fuund in the policy shall not apply to a claim by an Insured who qualifies as a Client of the Named Insured under the policy

6) IfNon-Owned Disposal sites are used for disposal ofwastes these sites shall be specifically included under the Contractors Pollution Liability Insurance policy and

7) Coverage for punitive exemplary and multiple damages

Automobile Liability policy ofCONTRACIOR halliing QlJy quantityof fluorosilicic acid shall either be endorsed to provide coverage under the TE9948 endorsement or the Contractors Pollution Liability Insurance policy shall be endorsed to provide transportation coverage beyond the boundaries ofthe testing andor delivery site(s)

2 Contractor shall require Sub-contractors to carry insurance coverage appropriate to their scope ofWork

3 Contractor shall furnish a completed Certificate ofInsurance which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage limits and termination provisions shown thereon

4 The insurance that is required under these Specifications shall be written so that SAWS and the City will be notified in writing in the event of cancellation restrictive endorsement or nonshyrenewal at least thirty (30) days prior to such action

200[21

5 Certificates of Insurance shall be filed with the System 10 days prior to the SAWS Board of Trustees award of the Contract The SAWS Contract namelBid number shaD be included in the Description of Operations section located in the bottom half of the standard ACORD Certificate furms

Certificates shall be mailed to SAWS directly to

San Antonio Water System Attention PurchBSbtg Division P O Box 2449 San Antonio TeDs 78198-1449

Contractor shall be responsible fur obtaining Certificates of IDsunnce from the first tier Subshycontractor and upon request furnish copies to SAWS

6 Separate Certificates of Insurance shall be filed with the City ofSan Antonio] 0 days prior to the SAWS Board of Trustees award of the Contract The SAWS Contract namelBid number shaD be included in the Description of Operations section located in the bottom half of the standard ACORD Certificate furms

Certificates shall be mailed to the City ofSan Antonio directly to

City ofSan Antonio Attention Risk Management PO Box 39966 San Antonio TX 78283-3966

A copy of the certificate of insurance provided to the City of San Antonio shall be provided to SAWS at the same time

7 Contractor is responsible for all deductibles under all ofthe insurance policies reqilired by these Specifications

8 The stated limits of insurance required by these Specifications are MINIMUM ONLY and it shall be the Contractors responsibility to determine what limits are adequate and the length of time this coverage shall be maintained the insurance limits are not a limit of the Contractors liability

These minimum limits may be basic policy limits or any combination of basic limits and umbrella limits SAWS acceptance of Certificates of Insurance that in any respect do not comply with these Specifications does not release the Contractor from compliance herewith

9 Contractor agrees that an insurance policies required bYthese Specifications shall be with insurance companies firms or entities that have an AM Best rating of A- (A- minus) and a Financial Size Category rating of a VII or better All insurance policies shall be of an Occurrence type except the Contractors Pollution Liability line ofcoverage

210f21

10 SURVIVAL

Any and all representations conditions and warranties made by Contractor under this Contract including without limitation the provisions ofSection lb ie and Id ofthese Insurance Specifications are ofthe essence ofthis Contract and shall survive the execution and delivery of it and all stalernents contained in any document required by SAWS whether delivered at the time ofthe execution or al a later dale shall constitute representations and warranties hereunder

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PENCCO INC Pioneer Engineering Chemical Company

AFFIDAVIT OF COMPLIANCE

This is to certify that the Hydrofluorosilicic Acid supplied by our company meets A WWA Standard B703-00 or the latest revision and is certified to NSFANSI Standard NSF-60

Signature shy

R L Home President

Name and Title ofOfficial

142010

Date

PO BOX 600 bull SAN FELIPE TX 11473

PHONE 919-885-0005 bull 800-864-174~ bull FAX 979-885-3208

INPOPENCCOCON

NSF Certified Products - Public Water Supply Treatment Chemicals Page lof2

NSF

NSF Product and Service Listings

These Listings were Last Updated on Thursday Janulry 14 Z010 at 415 AM Eastern Time Please contact NSF International to confirm the status ofany Listing report errors or make suggestions

Wami NSF is COIIccncd abot fradu 1 d-loIIdilll d iplaUolI ofwcbsik tOIl Ifyou havo relaquorod Ihis listiar in lIrd copy ys rorafirm tllis ccrtlflcatleDilistlac Infonnlion lIy COilli diretlly to hHnllmywnrforclCertlfOCllP1Ch_ibullbullblListilAlpfCOIIIQlnyNme-peDccoamp for tho latest most eatntl ifonnatlon

NSFANSI STANDARD 60 Drinking Water Treatment Chemicalsmiddot Health Effects

----------~-----~

PENCCO INC PO BOX 600 SAN FELIPE TX 77473 800-864-1742 979-885-0005

Facility DISTRIBUTION CENTER - RICHMOND CA

Hydrofluosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid

Product Function Fluoridation Fluoridation

Max Use 6mgIL 6mgIL

Hydrofluosilicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - SOUTH GATE CA

HydrofluosUicir Acid Trade Designation Product FlUlCtion Max Use Fluorosilicic Acid Fluoridation 6mgIL Fluosilicic Acid Fluoridation 6mgIL Hydrofluosiiicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - WILLOW SPRINGS IL

Hydroftuosllicir Arid Trade Designation Product Fll1ICtion Max Use Fluorosilicic Acid Fluoridation 6mgIL F1uosilicic Acid Fluoridation 6mgIL Hydrofluosilicic Acid Fluoridation 6mgIL

httpwwwnsforglCertifiedlPwsChemicalslListingsaspCompanyName=pencooampTrade111412010

NSF Certified Products - Public Water Supply Treatment Chemicals Page 20f2

Facility D1STRI BUTION CENTER - BALTIMORE MD

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Facility DISTRIBUTION CENTER

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Product Function Fluoridation Fluoridation Fluoridation

SEALY TX

Product Function Fluoridation Fluoridation Fluoridation

Facility DISTRIBUTION CENTER - WAXAHACHIE TX

Hydrofluosilicic Acid Trade Designation FLUOROSILICIC ACID FLUOSJLlCJC ACID HYDROFLUOROSILlCJC ACID HYDROFLUOSILICIC ACID

Product Function Fluoridation Fluoridation Fluoridation Fluoridation

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL 6mgIL

Number ofmBlching Muufactun1ll is 1 Number ofmalching Products is 19 Processing time was 0 seconds

bull Search Listings bull NewsRoom I bull AboutNSF I bull ampnm I bull NSF Marl I bull Client Log-In

bull Privacy Poliey bull SiteMap I bull Reguest Info I bull Contact Us I bull Copyright C 2004 NSF International

httpwwwnsforglCertifiedlPwsChemicalslListingsaspCompanyName=penccoampTrade114120 10

PENCCO INC Pioneer Engineering Chemical Company

HydrofluorosiIicic Acid Bid QAlQC Info

Pencco meets AWWA Standards and is NSF Certified

Hydrofluorosilicic acid also known as HFS or FSA is a transparent colorless (water white to straw yellow) aqueous solution that is used in a variety of applications including the major end-use water treatment for fluoridation FSA is produced during the concentration of phosphoric acid in an evaporation process unique to the phosphate industry The vapor stream from the phosphoric acid reaction is scrubbed with water to form FSA from the naturally-occurring silica acid The final product is collected stored and tested prior to release for shipment Potential danger of contamination is minimized through compliance with NSF 60 NSF 60 typically checks sourlt)e product and any subsequent transfer before unloading into customer tanks

infopenccoCGm PO Bo 600 S Felipe Tens 77473-0600 9791885-0005 FAX 979f88S310ll

Refer FL-J43 September 2000

THE MANUFACTURE OF THE FLUORIDE CHEMICALS

All ofthe fluoride chemicals used in the US for water fluoridation sodium fluoride sodium fluorosilicate and fluorosilicic acid are useful byproducts of the phosphate fertilizer industry The manufacturing process produces two byproducts (I) a solid calcium sulfate (sheetrock CaS04) and (2) the gases hydrofluoric acid (HF) and silicon tetrafluoride (SiF4) A simplified explanation of the manufacturing process follows Apatite rock a calcium mineral found in central Florida is ground up and treated with sulfuric acid producing phosphoric acid and the two byproducts calcium sulfate and the two gas emissions These gases are captured by product recovery units (scrubbers) and condensed into 23 fluorosilicic acid Sodium fluoride and sodium fluorosilicate are made from this acid

The question of toxicity purity and risk to humans from the addition of fluoride chemicals to the drinking water sometimes arises Almost all of the over 40 water treatment chemicals that may be used at the water plant are toxic to humans in their concentrated form eg chlorine gas and the fluoride chemicals are no exception Added to the drinking water in very small amounts the fluoride chemicals dissociate virtually J 00 into their various components (ions) and are very stable safe and non-toxic

Opponents of water fluoridation have argued that the silicofluorides do not completely dissociate under conditions ofnormal water treatment and thus may cause health problems To counter these claims the basic chemistry of this dissociation has been carefully reviewed Scientists at the US Environmental Protection Agency (EPA) and CDC epidemiologists have examined the research that opponents of water fluoridation cite Both groups have concluded that these charges are not credible

The claim is sometimes made that no health studies exist on the silicofluoride chemicals used in water fluoridation That is correct We the scientific community do not study health effects of concentrated chemicals as put into water we study the health effects ofthe treated water Le what those chemicals become fluoride ion silicates and the hydrogen ion The health effects of fluoride have been analyzed by literally thousands of studies over SO years and have been found to be safe and effective in reducing tooth decay The EPA has not set any Maximum Contaminant Level (MCL) for the silicates as there is no known health concerns for them at the low concentrations found in drinking water Of course the measurement ofthe pH of the water determines the concentration of the hydrogen ion

Concern has been raised about the impurities in the fluoride chemicals The American Water Works Association (A WWA) a well-respected water supply industry association sets standards for all chemicals used in the water treatment plant including fluoride chemicals The A WWA standards are ANSJJ A WWA B701-99 (sodium fluoride) ANSJJ A WWA B702-99 (sodium

fluorosilicate) and ANSIIAWWA B703-00 (fluorosilicic acid) The National Sanitation Foundation (NSF) also sets standards and does product certification for products used in the water industry including fluoride chemicals ANSINSF Standard 60 sets standards for purity and provides testing and certification for the fluoride chemicals Standard 60 was developed by NSF and a consortium of associations including the A WWA and the American National Standards Institute (ANSI) This standard provides for product quality and safety assurance to prevent the addition of harmful levels of contaminants from water treatment chemicals More than 40 states have laws or regulations requiring product compliance with Standard 60 NSF tests the fluoride chemicals for the II regulated metal compounds that have an EPA MCL In order for a product [for example fluorosilicic acid] to meet certification standards regulated metal contaminants must be present at the tap [in the home] at a concentration ofless than ten percent of the MCL when added to drinking water at the recommended maximum use level The EPA has not set any MCL for the silicates as there is no known health concerns but Standard 60 has a Maximum Allowable Level (MAL) of 16 mgIL for sodium silicates as corrosion control agents primarily for turbidity reasons NSF tests have shown the silicates in the water samples from public water systems to be well below these levels

Arsenic according to NSF tests had an average of043 ugIL [parts per billion] in the drinking water attributable to the fluoride chemical Opflow a monthly magazine from the A WWA has found the arsenic level in the finished water from the fluorosilicic acid to be 0245 ugIL [OpflowVol 26 No 10October 2000] The NSF Standard 60 has a Maximum Allowable Level (MAL) of25 ugIL and EPA has a MCL of 50 ugIL although they have proposed to lower their MCL to 5 ugIL As you can see arsenic is less that III Oth ofeven the proposed EPA MCL Finally tests by NSF and other independent testing laboratories have shown no detectable levels

of radionuclides in product samples of fluoride chemicals There is no evidence that any of the known impurities in the fluoride chemicals have failed to meet any of these standards Opponents ofwater fluoridation have sometimes charged that industrial grade fluoride chemicals are used at the water plant instead ofpharmaceutical grade chemicals All the standards of AWWA ANSI and NSF apply to these industrial grade fluoride chemicals to ensure they are safe Phannaceutical grade fluoride compounds are not appropriate for water fluoridation they are used in the formulation of prescription drugs

Finally it is sometimes alleged that the fluoride from natural sources like calcium fluoride is better than fluorides added artificially such as from the fluoride chemicals presently used There is no difference There is no reason to change the opinion of CDC that water fluoridation is safe and effective

Thomas O Reeves PE National Fluoridation Engineer Program Services Branch Division ofOm] Health National Center for Chronic Disease Prevention and Health Promotion Centers for Disease Control and Prevention

2

8813 US Highway 41 South Riverview Florida 33569

EMERGENCY TELEPHONEmiddot CHEMTREC 1-800-424-9300

SECTION I PRODUCT INFORMATION

TRADE NAME Hydrofluosilicic Acid

CHEMICAL NAME I Hydrofluosilicic Acid

CAS NUMBER

CHEMICAL FAMILY

SYNONYMS

PRIMARY USE

SECTION II

FORMULA

COMPOSITION

SECTION III EMERGENCY OVERVIEW

16961-83-4

I norganic Fluorides

FluorosHicic Acid Hexafluosilicic Acid HFS FSA Auoridation of drinking water

COMPOSITION INFORMATION ON INGREDIENTS

H2SiF6

Hydrofluosilicic Acid 120-25

water 175-80

HAZARD IDENTIFICATION Large doses can cause nausea vomiting diarrhea abdominal buming and cramp-like pains Circulatory respiratory neNOUS complaints and skin rashes may occur Liquid

Health Hazards or vapor also causes severe irritation and bums Which will not be immediately apparent It also causes severe irritation to the lungs nose and throat If swallowed it can cause severe damage to throat and stomach

Physical Hazards Not applicable

Physical Form liquid

Appearance water White to straw yellow liquid

Odor Pungent

Toxicity Not identified as toxic by OSHA

NFPA HAZARD CLASS ~HAZARD CLAS Health 3

I Flammability 0

Instability Special Hazard 1

FlammabHity 1

Physical 2Hanrd

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOSt MOS16961061

POTENTiAl HEALTH EFFECTS

Acute - I Titant Chronic - Degenerative changes in the liver Fluorosis

POTENTIAl ENVIRONMENTAl EFFECTS

None listed

SECTION IV FIRST AID MEASURES

FIRST AID PROCEDURES

Eyes Invnediately flush with plenty of water for at least 15 minutes Get medical attention invnediately

Skin

Invnediately flush with plenty of water Remove contaminated clothing Discard contaminated clothing properly Get medical attention if irritation occurs or persists

Inhated Move to fresh air Administer oxygen Treat symptomatically Get medical attention promptly

Ingestion Give large quantities of water to patient if conscious 00 Not induca vomiting Seek medical attention promptly

NOTE TO PHYSICIAN Not applicable

SECTION V FIRE FIGHTING MEASURES

Flammable Properties

Flash Point Not applicable

Flammability Not applicable

LEUUEL Not applicable

Auto-Ignition Temperature

Not applicable

Extinguishing Media Small fires Water spray foam dry chemical or CO2

Large fires Water spray fog or foam

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOS MOS16961061

Wear selfcontained breathing apparatus with full protective clothing

Protection of Firefighters

Dangerous when heated to decomposition highly toxic and corrosive fumes of fluorides are emitted Will react with water or steam to produce toxic and COITOSive fumes May generate hydrogen in contact with some metals

SECTION VI

RESPONSE TECHNIQUES

ACCIDENTAL RELEASE MEASURES Small spills Contain spill and stop leak if it can be done without risk Use sodium carbonate or a mixture of soda ash and slaked lime sand or noncombustible absorbent material to soak up material Place in DOTmiddotapproved poly container and dispose of properly

Large spills Use same procedure as above Isolate spill area and deny entry Prevent discharge into waterways and sewers Material may be neutralized with sodium carbonate or a mixture of soda ash and slaked lime Contact proper local state or federal regulatory agencies to ascertain proper disposal techniques and procedures

All waste to be collected in a DOTmiddot IPOlY drum for disposal

= SECTION VII

HANDLING

HANDLING AND STORAGE

Avoid contact with eyes skin and clothing Wash thoroughly after handling Maintain proper hygiene practices when handling this product

STORAGE Use DOT-approved poly drum for storage

SECTION VIII EXPOSURE CONTROLS I PERSONAL PROTECTION

ENGINEERING CONTROLS

Eye wash and shaNer stations should be available where acid is being handled

PERSONAl PROTECTIVE EQUIPMENT (PPE)

EyelFace

Skin

Respiratory

Splash proof goggles and fullmiddotface shield should be worn at all times Acid proof gloves headgear protective shoes and clothing should be worn to Drevent contact Use respiratory for 20ppm or less concentration Use a self-contained breathing apparatus for concentrations of greater than 2Oppm

Other None

GENERAL HYGIENE CONSIDERA nONS

Avoid breathing fumes Avoid ingestion Wash thoroughly after handling Avoid contact with eyes or skin Use in adequate ventilation

EXPOSURE GUIDELINES

OSHA Permissible Exposure Limits (PEL) 25mgFm3

ACGIH Threshold Limit Value (TLV) 25 rng Fm3

Status New Issue ~ate February 3 2006 Section(s) Revised NlA MSDS MOS16961061

SECTION IX PHYSICAL AND CHEMICAL PROPERTIES

Note Unless othetWise stated values in this section are determined at 20middotC (68middotF) and 760 mm Hg (1 aim)

Flash Point Not applicable Flammabilityl Explosive Limits ()

Not applicable

Auto-Ignition Temperature

Not applicable

Appearance Water white to straw yellow liquid

Physical State Liquid

Odor Pungent Molecular Weight of Pure Material

14411g1mol

pH 12 Vapor Pressure (mmHg)

Not applicable

Vapor Density (air=1)

Not applicable

Boiling Point 2223 OF

FreezinglMelting Point Not applicable

Solubility in Water Not applicable 100 soluble in water

Specific Gravity 12

Volatility Not applicable

Bulk Density 98 Ibslfemiddot 25 Sol 77DF

SECTION X STABILITY AND REACTIVITY

Chemical Stability Stable

Conditions to Avoid Avoid all heat sources

Incompatible Materials Avoid contact with metals stoneware strong acids and alkalies explosives toxicants readily oxidizable materials alkali metals combustible solids and organic peroxides

Hazardous Decomposition Products

Extreme temperatures such as a fire cause formation of highly toxic and corrosive fumes of fluorides such as SiF and HF Hydrogen gas may be fonned at temperatures above 227DF

Corrosiveness Attacks silica bearing materials metals and stoneware Hazardous Polymerization

Will not occur

Status New Issue Date February 3 2006 Section(s) Revised NA MSDS MOS16961061

SECTION XI TOXICOLOGICAL INFORMATION

Acute Oral Toxicity 430 mgkg oral-rat LD50

Acute Dermal Toxicity 140 mgkg LOLo (Frog)

Mutagenesis No data available

Target Organ No data available

Developmental Toxicity No data available

Carcinogenicity No data available

SECTION XII ECOLOGICAL INFORMATION

ECOTOXfCOLOGY No data available

SECTION XIII DISPOSAL CONSIDERATIONS

Keep in covered DOT-approved poly drums pending disposal Handle and dispose in full compliance with an applicable Intemational Federal State and Local reQulations

SECTION XIV TRANSPORT INFO

Regulatory Status None established

Proper Shipping Name Hydrofluosilicic Acid

Hazard Class Class 8 (corrosive)

Packing Group II

Identification Number UN1778

Guide Number 154

SECTION XV REGULA TORY INFORMATION

CERClA Not Regulated RCRA 26133 Not Regulated

SARA TI11E III Section 302 Not Regulated (ExemptIons at 40 CFR Pan 370 may apply for agricuIIural use or lor quantllies of less

SectIon 304 Not Regulated Section 3111312 Acute and Chronic

than 10000 pounds _lie) Section 313 Not Regulated NTP tARC OSHA Recommended for Study IARC group 3 Not regulated by OSHA

(PSM) Canada OSL and NDSL On Inventory TSCA On Inventory

Status New Issue Date February 3 2006 SectIon(s) Revised NlA MSOS MOS16961061

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS Usted as Fluorosilicic Acid CBSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUED REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMATION THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are fumished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4001shy1998

Note to (if 8IlpicBble)

Status New Issue Date February 3 2006 Section(s) Revised NlA MSDS MOS16961061

I

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS listed as Fluorosilicic Acid CaSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUEO REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMAnoN THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are furnished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4OO1shy1998

Note to __ (d 8pP1icab1ei

Status New Issue Date February 3 2006 Section(s) Revised NJA MSDS MOS16961061

DATE IIlIMIOOIYYY) nleO

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ACORD CERTIFICATE OF LIABILITY INSURANCE I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERllFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR

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If SUBROGATION IS WAIVED subject to the teons and conditions of the poHcy certain policies may require an endorsement A statement on this certificate does not OJOfer rights to the certificate holder in lieu of such endorsement(s)

DISCLAIMER

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BID INVITAnONS WERE MAUD TO ANDOR PICKED UP BY

Pennco SAWS Website Napea Chemical Cobull Inc Demandstar OXl UnivarUSA

Page 9: 331 Twisted Wood Dr.coalitionforsafemeters.org/TFSDW/PENNCO_Contract_2010.pdf · At the February 2,2010, meeting of the San Antonio Water System (SAWS) Board of Trustees, you were

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 7 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

discharge from the vendors transport trucktrailer The vendor should allow for visual observations andor periodic physical testing to be done by SAWS Periodic physical testing may require up to one hour of additional time prior to unloading of product There will be NO demurrage charge for the one-hour time allowed for the physical testing Vendor must break the material seal collect the sample and hand it over to SAWS representative Under no circumstance will a SAWS employee be allowed to climb into truck and collect a sample

17 Notification The Contractor shall fax or e-mail the following information DO later thaD 200 pm the day prior to the scheduled delivery date to the SAWS representative ordering the shipment

Truck and tanker identification Drivers name and drivers license number Name ofcontract carrier if pre-authorized by SAWS Estimated arrival time and date Serial numbers of tanker trucks (ifapplicable)

middotSAWS shall provide a list ofcontact names and fax numbers after bid has been awarded

18 Delivery The delivery trucks wil first rqgtOrt to the Mission Service Center at 515 Mission Road for the chemical testing Periodic verification testing performed by SAWS or its agent will be in accordance with AWWA B703 After verification testing the truck will be dispatched to the delivery site and escorted at the site by maintenance personnel SAWS Points of Contacts are Velma Panaguai at (210) 233 3347 or AI Delgado at (210) 233 3363 for the site access and escort to various sites Delivery sites are listed below

Puml Stgtion Address AI Code 34 St 3939 Flagle 78237 Anderson 5025 W Loop 1604 N 78251 Artesia 703 At amp T Ctr Pkwy 78219 Basin 7110 Basin Drive 78216 Maltsberger 89] 0 Jones Maltsberger 78216 Marbach 7614 Marbach Rd 78227 Mission 605 E Theo 78210 Naco 13655 OConnor Rd 78233 Randolph 212 S WeidnerRd 78233 Wurzbach 6111 Wurzbach Rd 78238 Marlcet 106 W Maricet St 78205 Micron 7203 Micron Dr 78251 Winwood 28555 I lOWest 78257 Barbel 526 Pilgrim 78213 Brackenridge 13 amp 14 2300 Avenue B 78215

Pencco Inc Name of ~ (Comny) (print or type) Si9ngtOi-tosign bid

Monica Avila Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVIT AnON BID (continued)

Page No 8 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

Pamg Station Addness Zip Code Gateway 1 amp2 6615 RustJeaf 78242 Klaus 2660 Eisenhauer 78209 Lackland 6 amp 6A 8219 Five Palms 78242 LomaLinda 5218 Lorna Linda Dr 78201 Northwood 2319 Kenilworth 78209 Pipers Meadow 7721 Joe Newton 78251 Seale 254 SealeRd 78219 Sunshine 1929 S1 Cloud 78228 Sutton 942 Sutton Dr 78228 Turtle Creek 2 8523 Data Point 78229 Turtle Creek 3 8815 Data Point 78229 Walzem 127 Newport 78218 Woodlake 6663 FM 78 78244 Oliver Ranch 26293 US Hwy 281 N 78258

Damages Contractor shall be responsible for furnishing all required and applicable leak spill repair clean up equipment and kits for all vehicles making deliveries to SAWS facilities Contractor shall be liable for cleanup and lor repairs ofany damaged facility equipment by spillage or during chemical delivery caused by negligence or faulty equipment

Pencco Inc _afBl_(C_y) (pllnlortype) ~mca ~Bra Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 9 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

GENERAL CONDITIONS

1 This bid contains General Conditions and Specifications as well as in some areas other specific required information and material It is the bidders responsibility to be completely familiar with any and all requirements Failure to do so may result in bid being declared non-responsive

2 Any manufilcturer brand and model numbers used in these specifications are for the purpose of describing and establishing minimum requirements or level of quality standard of performance and design required and in no way intended to prohibit the bidding of other rnanufilcturers items ofequal specifications

3 The section headings or paragraph captions contained herein are for convenience of reference only and not intended to define extend or limit any provisions of this contract

4 Prices must be quoted FOB SAWS receiving agency San Antonio Texas Upon award of a contract the supplier is obligated to deliver the goods to the required destination and bears the risk of loss until delivery

5 Bids may not be conditioned on minimum deliveries The quantities shown are estimates only and are in no way binding upon SAWS Estimated quantities will be used for the purpose of evaluation SAWS may increase or decrease quantities as needed

6 Freight will be paid only when SAWS has made a request for expedited delivery

7 It will be the bidders responsibility to be completely familiar with all specifications prior to submitting bid No extra payment for the work specified will be considered Bidder must include all costs related to this bid in their unit price

8 Bidder by submitting a quote acknowledges that they have read and fully understand all requirements and take no exceptions

9 Bidder by submitting a bid hereby agrees that all SAWS requirements contained in this bid document take priority over any attached brochures literature company stated warranties andor requirements unless specifically spelled out in a separate letter titled Bid Exceptions

10 Please fill in prices make one copy for your file and submit all pages of the original bid form The Bidder shall furnish all information required by the bid fann The Bidder shall print or type hislher name and manually sign the schedule and each continuation sheet (Delete item 2a of Terms and Conditions of Invitation for Bid) Copies aDd fued bids willoot be accepted Bids can be downloaded from SAWS website at wwwwawsorg

11 Bid shall be enclosed in a sealed envelope addressed to the Purchasing Division in accordance with instructions contained herein with the name and address of bidder date and hour of bid opening and title of the bid solicitation placed on the outside of the envelope No Bids should be returned by the bid opening date with No Bid indicated on the envelope in addition to the bid number and bid opening date SAWS assumes no responsibility for bids not processed due to the fililure of the bidder to identify the envelope as a bid response

Pencco Inc Name af Bidder (Company) (print or type)

AV11aSigure af persqn authorized IIgt Sign bid

Mon1ca Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 10 No Pages 21

Item Estimated Unit Total No-__Quanti~ty~__________---Descrciption Price Amount

12 If bidder obtains bid specifications via Internet the bid must be submitted in hard copy according to the instructions contained in this bid If in its bid response bidder makes any changes whatsoever to SAWS bid specifications SAWS bid specifications as published shall controL Furthermore ifan alternation ofany kind to SAWS published bid specifications is only discovered after the contract is executed and is or is not being performed the contract is subject to immediate cancellation

13 Bidders facilities and equipment can be a determining factor in making the bid award All bidders wiD be subject to inspection of their facilities and equipment

14 All subject price lists should be submitted with this bid and shall become a part hereof However if in the opinion of the SAWS Purchasing Agent it is impractical for bidder to include published price lists as part of this bid and to furnish any price lists andor written changes as required herein bidder shall permit the Purchasing Agent or hislher authorized representatives to inspect the pertinent published price lists andor written changes in the office of the bidder or at any other location approved by the Purchasing Agent

15 By submittal of this bid bidder certifies to the best of their knowledge that all information is true and correct

16 A bid that has been opened may not be changed for the purpose ofcorrecting an error in the bid unit price

17 Bidder must submit Material Safety Data Sheets with the bid for any hazardous chemical quoted or supplied under this quote

18 SAWS will not be liable for any costs incurred by a bidder in responding to the bid request

19 Damaged goods or goods received due to error by supplier will be returned and supplier will pay freight

20 If not aliqle purchase tile qlUllltlties SboWD are estimates ollly aad are iD DO way biDdiDg DpoD SAWS Estimated quantities will be DIed tbr tile purpose of evlluation SAWS may iDcrease or decrease quantities U Deeded

21 When supplier cannot abide by terms and conditions in fulfilling the contract supplier must furnish service or goods from other sources at the contract price If supplier delays in the above SAWS reserves the right to purchase on the open market and charge supplier the difference between contract price and the purchase price

22 Bidder warrants that all deliveries under this bid will be of the type and quality herein specified SAWS may reject or refuse any delivery which falls below the quality required in the specif1C8tions and SAWS shall not be held to have accepted any delivery until after it has made an inspection of same and has had an opportunity to exercise this right of rejection

23 Bidder shall be responsible for alI charges which relate to the delivery of the goods to SAWS place ofbusiness and for the return to bidder of any goods fliected as being non-conforming under the specifications

Pencco Inc SignaIunt ~_10lion bid

Monica Avila Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONO TEXAS

FORMAL INVITATION BID (continued)

Page No 11 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

24 SAWS is the final judge ofproduct acceptability for items quoted on this bid

25 SAWS Specifications and Terms and Conditions provided with this bid document will prevail in the event of conflict with bidders

26 SAWS reserves the right to cancel this contract witb a 30 day written notice without cause

27 Termination-Breach Should vendor fail to fulfill in a timely and proper manner as determined solely by the Purchasing Director its obligations under this contract or violate any ofthe terms ofthis contract SAWS shall have tbe right to immediately terminate the contract Notice of termination shall be provided in writing to the vendor effective upon the date set forth in the notice Such termination shall not relieve the vendor of any liability to SAWS for damages snstained by virtue ofany breacb by the vendor

28 No oral statement of any person shall modify or otherwise change or affect the terms conditions or specifications stated in the resulting contract The SAWS Purchasing Division will make all change orders in writing

29 The successful bidder shall not sell assign transfer or convey this contract in whole or in part without the prior written consent of the Purchasing Division

30 The obligations of the parties hereto are performed in Bexar County Texas and if legal action is necessary to enforce same exclusive venue shall be within Bexar County Texas

31 Contractor shall defend indemnify and bold hannless SAWS from and against any liability loss cost and expense of whatsoever nature including those related to death bodily injury sickness disease andlor loss or destruction of property (including reasonable attorneys fees and costs of defense) resulting from Contractors performance of the services to the extent that such losses arise out of andor are attributed to the sole or concurrent negligence errors or omissions or strict liability of Contractor its employees Subcontractors agents or their respective employees Where liability is attributable to the joint negligence or fault ofContractor and SAWS Contractors duty of indemnification shall be limited to Contractors (and Contractors agents Subcontractors or employees) allocable share ofjoint negligence or fault

This indemnity shall be broadly construed to apply to all liability attributed to the concurrent and sole negligence ofcontractor and shall survive termination of this agreement

32 The goods or services furnished under this contract shall be covered by tbe most favorable commercial warranties given to any customer for same or similar supplies or services The implied warranties and remedies of the Universal Commercial Code are included in this procurement and shall apply to the issued purchase ordercontract

33 Prospective bidders must prove beyond any doubt to the SAWS Purchaaing Agent that they are duly qualified capable bondable etc to fulfill and abide by the specifications herein listed

Pencco Inc 5qIaItnt of ___10 sign bid

HameofB_(~) (pnntOitype)

Monica Avila Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 12 No Pages 21

Item Estimated Unit Total _N--o___O--u--a--ntity-___________Description Price Amount

34 Right to Audit (lump sum contracts) SAWS or its designated agent shall have the right to audit at any time the Contract related records and associated documents of the Contractor and Subcontractor Such right to audit shall be for the determination of the accuracy and validity of the Contractors and Subcontractors billing to SAWS and for verifying compliance with other terms and conditions of the Contract

35 Contractor and Subcontractor shall maintain aU records required to be kept by law rule or regulation or records required to document performance of the services specified in the contract documents The records shall be maintained for the period required by law for a reasonable period in the absence of the applicable law or for two (2) yesrs after completion ofall services whichever is greater Contractor shall provide to SAWS copies of such records as provided in the contract documents or as reasonably requested by SAWS after performance of the service

36 It is expressly understood and agreed by both parties hereto that SAWS is contracting with the successful bidder as an independent contractor The parties hereto understand and agree that SAWS shall not be liable for any claims which may be asserted by any third party occurring in connection with the services to be performed by the successful bidder under this contract and that the successful bidder has no authority to bind SAWS

37 The successful bidder agnes to indemnifY and hold SAWS harmless from any claim involving patent infringement or copyrights on goods supplied

38 If insurance is required the minimum insurance to be maintained shaU he in accordance with SAWS Standard IDsIUIUICe Spedtkations Bidder should submit a draft Insurance Certificate with Bid The successful bidder shall furnish a completed Certificate of Insuraoce which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage limits and terminstion provisions shown thereon Successful bidder will be required to maintain at all times during performance of the contract the insurance detailed in this bid document

Certificate of Insurance shall be filed with the System no later than 5 days after notification ofpending award of contract and before starting any work Certificates should he mailed to the Purchasing Division San Antonio Water System P O Box 2449 San Antonio Texas 78298-2449 CONTRACfORs CertHkate shan refereDce the SAWS bid Dumber at time ofsDbmittaL

39 The successful bidder shall mail invoices to the SAWS Accounts Payable Section P O Box 2449 San Antonio Texas 78298-2449 Invoices for payments and correspondence for this contract must reference the SAWS purchase order number

40 No officer or employee of SAWS shall have a financial interest direct or indirect in any contract with SAWS or shall benefit financially directly or indirectly in the sale to SAWS of any materials supplies or services except on behalf of SAWS as an officer or employee In this instance a SAWS employee is defined as any employee ofSAWS who is required to file a financial involvement report pursuant to the Citys ethics ordiuance

41 Any successful supplier required to perform any type of construction or service related work at SAWS location as a result ofthis bid or proposal must comply with all requirements shown in SAWS Health and Safety Program

Pencco Inc Name a( Bidder (CIlnIpanyI (print 0lt type) SIgnmint a( person auI1oIized lo sign bid

Monica Avila Bid Sec

SAN ANTOMO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 13 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

and Security Procedure No 2-11 Copies can be obtained from the SAWS Safety Officer at (210) 233-3616 Failure to comply with this requirement shall deem project in non-compliance and may result in immediate termination with cause

42 Suppliers employees performing work or making deliveries on SAWS property other than for a one-time drop shipment will be required to provide their employees with a photo identification badge that includes the company name no exception

43 Bid exceptions will be cause for rejection ofany bid at the sole discretion of the Purchasing Director

44 SAWS reserves the right to award this bid to more than one supplier

45 Award ofall bids and RFPs will be based on Best Value as determined by SAWS

46 In the event the San Antonio Water System Board does not appropriate tuuds for continuation of this contract for any fiscal year after the first fiscal year and it has no funds to continue this contract from other sources SAWS shall be released from its obligations under this contract

47 If a third party is used to ship mercbandise the shipping documents MUST include all SAWS Purchase Order Numbers

Pencco Inc SignaIuIe _IW_ 0 ~n bid

Monica AV11a Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVfTATlON BID (continued)

Page No 14 No Pages 21

Item Estimated Unit Total No Quantity Desaiption Price Amount

Security Requirements

Contractor shall ensure a Prime Contractor Data Form (PCDF) and a Background Saeening Letter (provided by SAWS Security) is properly completed fopound all employees performing work under this Agncment and on file with the SAWS Security Office prior to work commencement Subcontractors perfurming wort must be listed on the PCDF Contractor shan be responsible for the accuracy of information on the PCDF and fOr obtaining any and all required items (badges and parking tags) necessary to fulfilling the work under this Agreement The PCDF must be sent electronically to SCluritywoup(llIIwsorg Contractor shall advise the SAWS Project Manager of any employee terminations or changes to personnel perfurming work under this Agreement and Contractor sball immediately turn in any and all badges andor parking tags of employees who are terminated or no longer perfOrming work under this Agncment If there are any changes in the infOrmation contained in the PCDF or the Background Screening Letters Contractor shall immediately notifY the SAWS Project Manager and provide updated PCDF and Background Screening Letters with copies to securitygroup[iSllwsorg

Contractor and its employees and agents shall obtain a SAWS photo identification badge (Contractors Badge) and parking tag if necessary prior to any work on SAWS property which shall be used only fopound plllJlO5CS necessary to perfurm the work under this Agreement SAWS Badge Office bours are Monday and Friday 100 pm to 500 pm (hours are subject to change) Security Staff can be contacted at (210) 233-3760 or (210) 233-3616 A replacement fee shan be charged to replace any lost or damaged badges or parking tags As a condition of final payment Contractor shall return all badges and parking tags to the Security 0 ffice In the event Contractor fails to return all security badges and parking tags in addition to any other rights or remedies to which SAWS may be entitled at law or in equity SAWS may withhold from payment to the Contractor the sum ofS50000 dollars per badge or parking tag as liquidated damages Contractor agrees that the actual amount of damages fOr failore to return the badges andor parking tags are difficult to determine and the liquidated damages herein are not a penalty but are a reasonable estimate of the costs and expenses that may be incurred by SAWS for failure to return the badges or parking tags

Certain designated SAWS facilities Oist with SAWS Security) require a SAWS employee to physically escort Contractor at all times SAWS may in its sole discretion waive the escort requirements if the PCDF and a clean Background Screening Letter signed by an authcrized representative ofContractor are approved by SAWS Security

Subcontractors must always be under escort of the Contractor while perfOrming wort on any SAWS designated primary facility (list with SAWS Security) Subcontractors must display either a company photo badge with name or a valid driven license at all times while working on any SAWS property Contractor is solely responsible for the actions of its employees agents contractors and subcontractors

Due to changing security environments Contractor MUST be prepared fOr additional security requirements at its expense including background checks AiJy person fuund to have an unacceptable background check (as determined by SAWS review of submitted paperwork or other infurmation provided to or obtained by SAWS) will not be allowed to pertbrm work under this Agreement or on SAWS facilities Notwithatanding anything herein to the contrary any provisions in these Security Procedures that may appear to give SAWS the right to direct Contractor as to details ofdoing any work under this Agreement or to exercise a measure of control over any security measures or such work shall be deemed to mean that Contractor shall fullow the desires of SAWS in the resatD ofthe work or security measures only

Advance coordination by Contractor with SAWS Security office for these security requirements is necessary to ensure no delays with timely perfurmance of the work In the event Contractor fails to comply with SAWS Security requirements SAWS may with no penalty or claim against SAWS issue a Work Stoppage Order until the security violation (s) are remedied

PenCCD Inc Name ofBidder (~) (print or type) SiaoIIure at r$OIIJMh~ to IiIII bict

-MDn~ca Av~~a H10 Sec

~--------

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

____________F_O_RMAL_~IIMTAnON BID (continued)

Page No 15 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

IMPORTANT MAILING INSTRUCTIONS

Mark Envelope

DID NAME FLUOROSILICIC ACID

DID No 10-2088

OPENING DATE JANUARY 192010 TIME 900 AM

MAIL TO DELIVER TO

Purchasing Division Purchasing Division San Antonio Water System San Antonio Water System P O Box 2449 2800 US Hwy 281 North San Antonio Texas 78298-2449 San Antonio Texas 78212

NOTE It is the bidders responsibility to ensure that bids are received in the prescribed manner by the stated date and hour ofthe bid opening

-------------------------------------------Pencco Inc

SIIn8IIn of iIUtII_ IIgt sign bid Monica Avila Bid Sec

___

170f21

81___d _ __ tl-__1 GEJIIERAL COMDnIOMS

(a) _____ -__

~ Bktder mIIIIe ~neceuytoirlOrmhiml tharouCINtn GllhetyOl ______~lSreqJredbrtt1bid~ NopllnOfiQnOr~bwtha~of

CiCIfldIonI th or hIreIbr_ra Of (W CIIMMn on PI __ blddIw to III t-=-~~ and irwaIgiIOnIto k ewIfy deIIIl the f1II1Wlmentl Of the ccnr1lCl _ _ __ _ __W__(_S) _ CltnrtltIor

~CI aMrd d IMt conIrICt SAWS IhtI hMoe rtght to CiInCIId oniIrs upon 01 ConIJ-=- to dIIIiyenIty n in 1WGPQUf SAWS SfIM 8110 h8we ~ rigtIt to 0Idet naeriilh ~ COIJ1IIIRIbIedelSilnandqu8ltyittequtltDa~itIIClIdIIdkardIno~frclMiWIy~~nIlOchCotII forcIfknnce~ofmateriamp~

2 PREPARATION Of lIDS 81C11 be tftPIAdlftllCClOfdne ~ () TheBiddlt fumtsh 81 1nreIohdbythe tidbm TtIe bidder pitfor typIthlSfInd 1NIIIoII~tndal~1I ShIM Gnwbkttentry 1$ madre (b lNprioes betLflaiMt -rar_nIiortCII UIilprice ~

(e)(d) Where____ ~cfbull ______ and l1li kWIIIIIaft tor bid IIIppnMIcf ~ hie br~ nat so cleItoIIJIIMtd yenIIiJI rQ be ~~-_ unfeU autuiud in wi1in by U connctinDafIIJcwIlhIn ttwtt- JIiot apeMIJ

(e) 8ktders lrdincUtlildlnl_inllld tinceSAWSIltomPllVlltGf A_~~wbeUnlshed~

DIIOIIPTIOII Of IUPllElIMIt __ or ~ f1IIInncIa in-dIKIbIg ltemll~ and nat restrlclMGIifIIIrwiM -d cnyto tndc_ al(I qJIIty of lTIIIleria WMn itent ~ dffer in ~__--_ _ _ _ _d_ oonose _ _ ___

4 QUAIITfTItS 81cfid1rs laquo~~CUtng ~IIIIIffOd nclCIIIcutMItt ~ poIIyOlSAWShoMverbullbull OI~blqInoaldCCJhdlng1O tS1IItbin Oftclull~CI~_ OI IIICII1tlfIIch~wtd aan-certlln __ CIIiIIulIJIedDft dlUllliBafa~ ehttlTight~ ~ccntractperiDd_S tlIMglUCt-PWiOCtSAWStnl~dIO_ ~any(JthelllmlarfMYdIIIIte or__ _the tIld~cr~ __ Undlrlivdl cannel_ _ __ __ __ __-

tudI~pIQpOHId on bISAWS~righltobld~inSAWfr~middot bull An~bkIdIIMd_cnWllhkhilimcrtlof tidillt ~ IIIsI then bull h ITWlel ptce or tIkIderI COlt _ aID n- tiddlllr GIll OWIQII tid but crI bull ~ alae-r SAWS resene riOM to8 ita ~RtctfliUi(jtbkI~ 1f1fldl twd ~SAWS 1heCOf1htt $AW$retii8fWSto~ar aud1i1enwfnlm~tobe~ orWCllk II) be

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__(b) __hllNOfmaeialar_ tidon- CtSAWS0IAIidt_ tel ~IIIUIt alJbMllledwltNntlll_~ ftO tI)SAWS IfnolOyenedorused dIrinQ ber~upanbullbulltidOInaplfllbull ___OIII11OD11CAllOH Of 81)8

BtrtlbeIme fOr bltdtlJlWllt9the ~Of~OfIctit ~ JftDiIIIMf~rWIII1ce~lUChlllGle8 reeehoedpiorlO IImt_dIiWI Ntfar tido~ oe-wu andmodlcltanalaquo ~ receMdfm1 _tor tfdopllllllrG tJensmedunopene4

1 DIIICOlJNTS () PfIynwtt cb~ wI1 be rcnkIIrMin ng d~1Dd of dlCOILIt cPftnd 1amp StftciIRto paymenllIIIhI aUCh period in CGIntI dtluslness The I1IIIUe of ~~

8IsGbII~IC1 (b) canon Mh any ~t1IIWbull be ~flaquom ell ~ Of IampCIPIes orJehlCe laquohrfn carrea1IWCice Isrtclliilled ~ dille ~iI dttmedtobe INIdI

on1he date 01 nIIng of the cfIeeIL SElLERS 11_() __ ___ __ ___5-__- _O Nobull __ _ _

(b) lWaicallil natmdyCI-n_receiipof~orlrMJiCel~ --------EXf_ Of _AI CONTRACT SAWS rwetMI ftamp ~ flO ~ 1fIIIIPIOIII to -nd _ tonncI ___ en pettod Of men taII ON arIUtItKt alfN tems eondions bull enunwraled lit me tern and CCtIdIIona cI~tor bt amt a price f1lpriCa noIto 1IIC88d_~

10 AyenfARD OF CCraquofTRACTr) The Connctthe bIdIiIr tJld~tothe ~_bIdl1I naI toSAWS b BIdders -dngOl~ablcfis~cI andDty~ The clwd1~(1) _ __-_

(2) _SAWS-_____ _ __

(l) __in SAWlr)ldleftWlt lOwbddlJr is noI SAWS to -d he ccnnrtto the 6iddIra ltil nattbe fJlSAWS~ton-d~ on riI in bi Oller ctffIrwtCaamplnbMkPlCa tlfleit8fn SAWSreurves tWUtotUe~ tdln_Nyenift ~cfSAWS to ~fcIIIowI

(1) 1IojIIcI(2) ___ _ _

3 ~bIQft_a-tsfJI~OIhertNnpice ~ ---111 rlfbidl is _IIiIMIr n ncfIctionof 8oardtlTfUItN$ In bIddIr prceestlhe ~ rteGltlnelldIJdbythe ~Ing chiIimlhe(C) SAWS=-==--=I~mtMlnQOf8oInf_~lWIfWIgpricrto d

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4 _ Thltbldll~__noI SAWS _ _ _bld _ d __SAWS~

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17of21

SAWS STANDARD INSURANCE SPECIFICATIONS (Specifications)

I Commencing on the date of this Contract the Contractor shall at his own expense purchase maintain and keep in force such insurance as will protect him and the San Antonio Water System (SAWS) and the City of San Antonio (the City) and their employees and agents from claims which may arise out of or result from his operations under this Contract whether such operations are by himself by any sub-contractor supplier or by anyone directly or indirectly employed by any of them or by anyone fur whose acts any of them may be liable including without limitation the following

a Worken CompensatioD (WC) insurance that will protect the Contractor SAWS and the City from claims under statutory Workers Compensation laws disability laws or such other employee benefit laws and that will fulfill the requirements of the jurisdiction in which the work is to be pertbrmed

This insurance shall be endorsed to provide a Waiver of SubrogatioD in favor of SAWS and the City with respect to both this insurance coverage and the Employen Liability (EL) insurance (as specified immediately below in section lb)

b Employen Liability (EL) insurance (Coverage B under standard Workers Compensation policy) that will protect the Contractor SAWS and the City fur damages because of bodily injury sickness disease of vendors employees apart from that imposed by Workers Compensation laws The employers liability insurance shall have minimum limits ofliability ofnot less than

$ 100000000 Bodily Injury by Accident 100000000 Bodily Injury by Disease - Each Employee 100000000 Bodily Injury by Disease - Policy Limit

c Commerdal General Liability (CGL) insurance that will protect the Contractor SAWS and the City from claims fur damages because of bodily injury personal injury sickness disease or death and insurance that wilt protect the Contractor SAWS and the City from claims fur damages to or destruction of tangible property ofothers including loss ofuse thereof

This coverage shall

bull Cover independent contractors

bull Not include any exclusions relating to blasting explosion collapse ofbuildings or damage to underground property where applicable

bull Afford coverage fur Products Liabilityandor Completed Operations and Contractual Liability

The minimum limits ofliability fur this coverage shall be

$ 100000000 Occurrence Limit 200000000 General Aggregate

180f21

100000000 ProductsCompleted Operations Aggregate 100000000 Personal and Advertising Injury

5000000 Fire Legal Liability 100000000 Contractual Liability

This insurance shall be endorsed

bull Naming SAWS and the City as an Additionallosured and

bull To provide a Waiver of Subrogation in favor ofSAWS and the City

d Comprehensive Automobile Liability (AL) insurance that will protect the Contractor SAWS and the City from claims for damages arising out ofthe maintenance operation or use of any owned non-owned or hired vehicles Minimum limits of liability for bodily injury and property damage combined shall be not less than $100000000 per each occurrence

This insurance shall be endorsed

bull Naming SAWS and the City as an Additional Insured and

bull To provide a Waiver of Subrogation in favor ofSA WS and the City

e Umbrella LiabiUty (UL) insurance in the amount ofS200000000 This policy shall be ofan Occurrence type and the limit of liability shall be concurrent with (following form) and in excess of the EL CGL and AL insurance coverage as descnbed in paragraphs lb lc and Id above

f Contractors Pollution Liability Insuraoce with limits of $1000000 per occurrencelS2000000 in the aggregate The policy shall provide claims made coverage for all claims liabilities damages costs fees and expenses of any kind or character arising out ofany Pollution Condition(s) (as defined below) that js in any way related to CONTRACTORs operations actions or inactions and completed operations associated with any work performed by Contractor its subcontractors or any of their respective employees agents representatives or officers under this Contract Coverage must be maintained for a minimum of twenty-four (24) months after the end of the Contract term or ifthe Contract js terminated fOr any reason fOr a minimum oftwentyshyfour (24) months fOllowing the date of termination The policy retroactive date will be no later than the Contract start date

Pollution Condition(s) means the djscharge dispersal release or escape of any solid liquid gaseous or thermal irritant or contaminant including but not limited to smoke sewage vaplrs soot fumes acids alkalis toxic chemicals medical waste and waste materials into or upon land the atmosphere or any watercourse or body of water including groundwater provided such conditions are not naturally present in the environment in the amounts or concentrations discovered

The Contradors Pollution Liability losurance will pay on behalf of the CONTRACTOR SAWS and the City of San Antonio all claims demands damages liabilities costs fees and expenses of any kind or character fOr bodily injury or death

190f21

property damage environmental or natural resource damage and any fines fees assessments or penalties of any kind assessed by any governmental department agency or commission that resuh from or are related to a Pollution Condition(s) Coverage will include all subcontractors hired by CONTRACIOR to perform any work under this Contract

The policy shall also include the fullowing provisions

I) Coverage fur bodily injury to include physical injury sickness disease mental anguish and emotional distress sustained by any person including death

2) All costs that are related to or that arise out of or from the investigation or adjustment of any claim or in connection with any court arbitration mediation state administrative hearing or other proceeding ofany kind including attorneys fees expert witness fees costs charges and expenses of any kind or character that arise out ofor that are related to a Pollution Condition(s)

3) Coverage shall be Primary and in addition to any other valid and collectible insurance carried by SAWS and the City of San Antonio as respects to this Contract

4) Coverage fur Natural Resource Damages and any fines fees penalties or assessments by any governmental agency commission or department related to any Pollution Condition(s)

5) Insured versus Insured exclusion if fuund in the policy shall not apply to a claim by an Insured who qualifies as a Client of the Named Insured under the policy

6) IfNon-Owned Disposal sites are used for disposal ofwastes these sites shall be specifically included under the Contractors Pollution Liability Insurance policy and

7) Coverage for punitive exemplary and multiple damages

Automobile Liability policy ofCONTRACIOR halliing QlJy quantityof fluorosilicic acid shall either be endorsed to provide coverage under the TE9948 endorsement or the Contractors Pollution Liability Insurance policy shall be endorsed to provide transportation coverage beyond the boundaries ofthe testing andor delivery site(s)

2 Contractor shall require Sub-contractors to carry insurance coverage appropriate to their scope ofWork

3 Contractor shall furnish a completed Certificate ofInsurance which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage limits and termination provisions shown thereon

4 The insurance that is required under these Specifications shall be written so that SAWS and the City will be notified in writing in the event of cancellation restrictive endorsement or nonshyrenewal at least thirty (30) days prior to such action

200[21

5 Certificates of Insurance shall be filed with the System 10 days prior to the SAWS Board of Trustees award of the Contract The SAWS Contract namelBid number shaD be included in the Description of Operations section located in the bottom half of the standard ACORD Certificate furms

Certificates shall be mailed to SAWS directly to

San Antonio Water System Attention PurchBSbtg Division P O Box 2449 San Antonio TeDs 78198-1449

Contractor shall be responsible fur obtaining Certificates of IDsunnce from the first tier Subshycontractor and upon request furnish copies to SAWS

6 Separate Certificates of Insurance shall be filed with the City ofSan Antonio] 0 days prior to the SAWS Board of Trustees award of the Contract The SAWS Contract namelBid number shaD be included in the Description of Operations section located in the bottom half of the standard ACORD Certificate furms

Certificates shall be mailed to the City ofSan Antonio directly to

City ofSan Antonio Attention Risk Management PO Box 39966 San Antonio TX 78283-3966

A copy of the certificate of insurance provided to the City of San Antonio shall be provided to SAWS at the same time

7 Contractor is responsible for all deductibles under all ofthe insurance policies reqilired by these Specifications

8 The stated limits of insurance required by these Specifications are MINIMUM ONLY and it shall be the Contractors responsibility to determine what limits are adequate and the length of time this coverage shall be maintained the insurance limits are not a limit of the Contractors liability

These minimum limits may be basic policy limits or any combination of basic limits and umbrella limits SAWS acceptance of Certificates of Insurance that in any respect do not comply with these Specifications does not release the Contractor from compliance herewith

9 Contractor agrees that an insurance policies required bYthese Specifications shall be with insurance companies firms or entities that have an AM Best rating of A- (A- minus) and a Financial Size Category rating of a VII or better All insurance policies shall be of an Occurrence type except the Contractors Pollution Liability line ofcoverage

210f21

10 SURVIVAL

Any and all representations conditions and warranties made by Contractor under this Contract including without limitation the provisions ofSection lb ie and Id ofthese Insurance Specifications are ofthe essence ofthis Contract and shall survive the execution and delivery of it and all stalernents contained in any document required by SAWS whether delivered at the time ofthe execution or al a later dale shall constitute representations and warranties hereunder

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PENCCO INC Pioneer Engineering Chemical Company

AFFIDAVIT OF COMPLIANCE

This is to certify that the Hydrofluorosilicic Acid supplied by our company meets A WWA Standard B703-00 or the latest revision and is certified to NSFANSI Standard NSF-60

Signature shy

R L Home President

Name and Title ofOfficial

142010

Date

PO BOX 600 bull SAN FELIPE TX 11473

PHONE 919-885-0005 bull 800-864-174~ bull FAX 979-885-3208

INPOPENCCOCON

NSF Certified Products - Public Water Supply Treatment Chemicals Page lof2

NSF

NSF Product and Service Listings

These Listings were Last Updated on Thursday Janulry 14 Z010 at 415 AM Eastern Time Please contact NSF International to confirm the status ofany Listing report errors or make suggestions

Wami NSF is COIIccncd abot fradu 1 d-loIIdilll d iplaUolI ofwcbsik tOIl Ifyou havo relaquorod Ihis listiar in lIrd copy ys rorafirm tllis ccrtlflcatleDilistlac Infonnlion lIy COilli diretlly to hHnllmywnrforclCertlfOCllP1Ch_ibullbullblListilAlpfCOIIIQlnyNme-peDccoamp for tho latest most eatntl ifonnatlon

NSFANSI STANDARD 60 Drinking Water Treatment Chemicalsmiddot Health Effects

----------~-----~

PENCCO INC PO BOX 600 SAN FELIPE TX 77473 800-864-1742 979-885-0005

Facility DISTRIBUTION CENTER - RICHMOND CA

Hydrofluosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid

Product Function Fluoridation Fluoridation

Max Use 6mgIL 6mgIL

Hydrofluosilicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - SOUTH GATE CA

HydrofluosUicir Acid Trade Designation Product FlUlCtion Max Use Fluorosilicic Acid Fluoridation 6mgIL Fluosilicic Acid Fluoridation 6mgIL Hydrofluosiiicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - WILLOW SPRINGS IL

Hydroftuosllicir Arid Trade Designation Product Fll1ICtion Max Use Fluorosilicic Acid Fluoridation 6mgIL F1uosilicic Acid Fluoridation 6mgIL Hydrofluosilicic Acid Fluoridation 6mgIL

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NSF Certified Products - Public Water Supply Treatment Chemicals Page 20f2

Facility D1STRI BUTION CENTER - BALTIMORE MD

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Facility DISTRIBUTION CENTER

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Product Function Fluoridation Fluoridation Fluoridation

SEALY TX

Product Function Fluoridation Fluoridation Fluoridation

Facility DISTRIBUTION CENTER - WAXAHACHIE TX

Hydrofluosilicic Acid Trade Designation FLUOROSILICIC ACID FLUOSJLlCJC ACID HYDROFLUOROSILlCJC ACID HYDROFLUOSILICIC ACID

Product Function Fluoridation Fluoridation Fluoridation Fluoridation

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL 6mgIL

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PENCCO INC Pioneer Engineering Chemical Company

HydrofluorosiIicic Acid Bid QAlQC Info

Pencco meets AWWA Standards and is NSF Certified

Hydrofluorosilicic acid also known as HFS or FSA is a transparent colorless (water white to straw yellow) aqueous solution that is used in a variety of applications including the major end-use water treatment for fluoridation FSA is produced during the concentration of phosphoric acid in an evaporation process unique to the phosphate industry The vapor stream from the phosphoric acid reaction is scrubbed with water to form FSA from the naturally-occurring silica acid The final product is collected stored and tested prior to release for shipment Potential danger of contamination is minimized through compliance with NSF 60 NSF 60 typically checks sourlt)e product and any subsequent transfer before unloading into customer tanks

infopenccoCGm PO Bo 600 S Felipe Tens 77473-0600 9791885-0005 FAX 979f88S310ll

Refer FL-J43 September 2000

THE MANUFACTURE OF THE FLUORIDE CHEMICALS

All ofthe fluoride chemicals used in the US for water fluoridation sodium fluoride sodium fluorosilicate and fluorosilicic acid are useful byproducts of the phosphate fertilizer industry The manufacturing process produces two byproducts (I) a solid calcium sulfate (sheetrock CaS04) and (2) the gases hydrofluoric acid (HF) and silicon tetrafluoride (SiF4) A simplified explanation of the manufacturing process follows Apatite rock a calcium mineral found in central Florida is ground up and treated with sulfuric acid producing phosphoric acid and the two byproducts calcium sulfate and the two gas emissions These gases are captured by product recovery units (scrubbers) and condensed into 23 fluorosilicic acid Sodium fluoride and sodium fluorosilicate are made from this acid

The question of toxicity purity and risk to humans from the addition of fluoride chemicals to the drinking water sometimes arises Almost all of the over 40 water treatment chemicals that may be used at the water plant are toxic to humans in their concentrated form eg chlorine gas and the fluoride chemicals are no exception Added to the drinking water in very small amounts the fluoride chemicals dissociate virtually J 00 into their various components (ions) and are very stable safe and non-toxic

Opponents of water fluoridation have argued that the silicofluorides do not completely dissociate under conditions ofnormal water treatment and thus may cause health problems To counter these claims the basic chemistry of this dissociation has been carefully reviewed Scientists at the US Environmental Protection Agency (EPA) and CDC epidemiologists have examined the research that opponents of water fluoridation cite Both groups have concluded that these charges are not credible

The claim is sometimes made that no health studies exist on the silicofluoride chemicals used in water fluoridation That is correct We the scientific community do not study health effects of concentrated chemicals as put into water we study the health effects ofthe treated water Le what those chemicals become fluoride ion silicates and the hydrogen ion The health effects of fluoride have been analyzed by literally thousands of studies over SO years and have been found to be safe and effective in reducing tooth decay The EPA has not set any Maximum Contaminant Level (MCL) for the silicates as there is no known health concerns for them at the low concentrations found in drinking water Of course the measurement ofthe pH of the water determines the concentration of the hydrogen ion

Concern has been raised about the impurities in the fluoride chemicals The American Water Works Association (A WWA) a well-respected water supply industry association sets standards for all chemicals used in the water treatment plant including fluoride chemicals The A WWA standards are ANSJJ A WWA B701-99 (sodium fluoride) ANSJJ A WWA B702-99 (sodium

fluorosilicate) and ANSIIAWWA B703-00 (fluorosilicic acid) The National Sanitation Foundation (NSF) also sets standards and does product certification for products used in the water industry including fluoride chemicals ANSINSF Standard 60 sets standards for purity and provides testing and certification for the fluoride chemicals Standard 60 was developed by NSF and a consortium of associations including the A WWA and the American National Standards Institute (ANSI) This standard provides for product quality and safety assurance to prevent the addition of harmful levels of contaminants from water treatment chemicals More than 40 states have laws or regulations requiring product compliance with Standard 60 NSF tests the fluoride chemicals for the II regulated metal compounds that have an EPA MCL In order for a product [for example fluorosilicic acid] to meet certification standards regulated metal contaminants must be present at the tap [in the home] at a concentration ofless than ten percent of the MCL when added to drinking water at the recommended maximum use level The EPA has not set any MCL for the silicates as there is no known health concerns but Standard 60 has a Maximum Allowable Level (MAL) of 16 mgIL for sodium silicates as corrosion control agents primarily for turbidity reasons NSF tests have shown the silicates in the water samples from public water systems to be well below these levels

Arsenic according to NSF tests had an average of043 ugIL [parts per billion] in the drinking water attributable to the fluoride chemical Opflow a monthly magazine from the A WWA has found the arsenic level in the finished water from the fluorosilicic acid to be 0245 ugIL [OpflowVol 26 No 10October 2000] The NSF Standard 60 has a Maximum Allowable Level (MAL) of25 ugIL and EPA has a MCL of 50 ugIL although they have proposed to lower their MCL to 5 ugIL As you can see arsenic is less that III Oth ofeven the proposed EPA MCL Finally tests by NSF and other independent testing laboratories have shown no detectable levels

of radionuclides in product samples of fluoride chemicals There is no evidence that any of the known impurities in the fluoride chemicals have failed to meet any of these standards Opponents ofwater fluoridation have sometimes charged that industrial grade fluoride chemicals are used at the water plant instead ofpharmaceutical grade chemicals All the standards of AWWA ANSI and NSF apply to these industrial grade fluoride chemicals to ensure they are safe Phannaceutical grade fluoride compounds are not appropriate for water fluoridation they are used in the formulation of prescription drugs

Finally it is sometimes alleged that the fluoride from natural sources like calcium fluoride is better than fluorides added artificially such as from the fluoride chemicals presently used There is no difference There is no reason to change the opinion of CDC that water fluoridation is safe and effective

Thomas O Reeves PE National Fluoridation Engineer Program Services Branch Division ofOm] Health National Center for Chronic Disease Prevention and Health Promotion Centers for Disease Control and Prevention

2

8813 US Highway 41 South Riverview Florida 33569

EMERGENCY TELEPHONEmiddot CHEMTREC 1-800-424-9300

SECTION I PRODUCT INFORMATION

TRADE NAME Hydrofluosilicic Acid

CHEMICAL NAME I Hydrofluosilicic Acid

CAS NUMBER

CHEMICAL FAMILY

SYNONYMS

PRIMARY USE

SECTION II

FORMULA

COMPOSITION

SECTION III EMERGENCY OVERVIEW

16961-83-4

I norganic Fluorides

FluorosHicic Acid Hexafluosilicic Acid HFS FSA Auoridation of drinking water

COMPOSITION INFORMATION ON INGREDIENTS

H2SiF6

Hydrofluosilicic Acid 120-25

water 175-80

HAZARD IDENTIFICATION Large doses can cause nausea vomiting diarrhea abdominal buming and cramp-like pains Circulatory respiratory neNOUS complaints and skin rashes may occur Liquid

Health Hazards or vapor also causes severe irritation and bums Which will not be immediately apparent It also causes severe irritation to the lungs nose and throat If swallowed it can cause severe damage to throat and stomach

Physical Hazards Not applicable

Physical Form liquid

Appearance water White to straw yellow liquid

Odor Pungent

Toxicity Not identified as toxic by OSHA

NFPA HAZARD CLASS ~HAZARD CLAS Health 3

I Flammability 0

Instability Special Hazard 1

FlammabHity 1

Physical 2Hanrd

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOSt MOS16961061

POTENTiAl HEALTH EFFECTS

Acute - I Titant Chronic - Degenerative changes in the liver Fluorosis

POTENTIAl ENVIRONMENTAl EFFECTS

None listed

SECTION IV FIRST AID MEASURES

FIRST AID PROCEDURES

Eyes Invnediately flush with plenty of water for at least 15 minutes Get medical attention invnediately

Skin

Invnediately flush with plenty of water Remove contaminated clothing Discard contaminated clothing properly Get medical attention if irritation occurs or persists

Inhated Move to fresh air Administer oxygen Treat symptomatically Get medical attention promptly

Ingestion Give large quantities of water to patient if conscious 00 Not induca vomiting Seek medical attention promptly

NOTE TO PHYSICIAN Not applicable

SECTION V FIRE FIGHTING MEASURES

Flammable Properties

Flash Point Not applicable

Flammability Not applicable

LEUUEL Not applicable

Auto-Ignition Temperature

Not applicable

Extinguishing Media Small fires Water spray foam dry chemical or CO2

Large fires Water spray fog or foam

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOS MOS16961061

Wear selfcontained breathing apparatus with full protective clothing

Protection of Firefighters

Dangerous when heated to decomposition highly toxic and corrosive fumes of fluorides are emitted Will react with water or steam to produce toxic and COITOSive fumes May generate hydrogen in contact with some metals

SECTION VI

RESPONSE TECHNIQUES

ACCIDENTAL RELEASE MEASURES Small spills Contain spill and stop leak if it can be done without risk Use sodium carbonate or a mixture of soda ash and slaked lime sand or noncombustible absorbent material to soak up material Place in DOTmiddotapproved poly container and dispose of properly

Large spills Use same procedure as above Isolate spill area and deny entry Prevent discharge into waterways and sewers Material may be neutralized with sodium carbonate or a mixture of soda ash and slaked lime Contact proper local state or federal regulatory agencies to ascertain proper disposal techniques and procedures

All waste to be collected in a DOTmiddot IPOlY drum for disposal

= SECTION VII

HANDLING

HANDLING AND STORAGE

Avoid contact with eyes skin and clothing Wash thoroughly after handling Maintain proper hygiene practices when handling this product

STORAGE Use DOT-approved poly drum for storage

SECTION VIII EXPOSURE CONTROLS I PERSONAL PROTECTION

ENGINEERING CONTROLS

Eye wash and shaNer stations should be available where acid is being handled

PERSONAl PROTECTIVE EQUIPMENT (PPE)

EyelFace

Skin

Respiratory

Splash proof goggles and fullmiddotface shield should be worn at all times Acid proof gloves headgear protective shoes and clothing should be worn to Drevent contact Use respiratory for 20ppm or less concentration Use a self-contained breathing apparatus for concentrations of greater than 2Oppm

Other None

GENERAL HYGIENE CONSIDERA nONS

Avoid breathing fumes Avoid ingestion Wash thoroughly after handling Avoid contact with eyes or skin Use in adequate ventilation

EXPOSURE GUIDELINES

OSHA Permissible Exposure Limits (PEL) 25mgFm3

ACGIH Threshold Limit Value (TLV) 25 rng Fm3

Status New Issue ~ate February 3 2006 Section(s) Revised NlA MSDS MOS16961061

SECTION IX PHYSICAL AND CHEMICAL PROPERTIES

Note Unless othetWise stated values in this section are determined at 20middotC (68middotF) and 760 mm Hg (1 aim)

Flash Point Not applicable Flammabilityl Explosive Limits ()

Not applicable

Auto-Ignition Temperature

Not applicable

Appearance Water white to straw yellow liquid

Physical State Liquid

Odor Pungent Molecular Weight of Pure Material

14411g1mol

pH 12 Vapor Pressure (mmHg)

Not applicable

Vapor Density (air=1)

Not applicable

Boiling Point 2223 OF

FreezinglMelting Point Not applicable

Solubility in Water Not applicable 100 soluble in water

Specific Gravity 12

Volatility Not applicable

Bulk Density 98 Ibslfemiddot 25 Sol 77DF

SECTION X STABILITY AND REACTIVITY

Chemical Stability Stable

Conditions to Avoid Avoid all heat sources

Incompatible Materials Avoid contact with metals stoneware strong acids and alkalies explosives toxicants readily oxidizable materials alkali metals combustible solids and organic peroxides

Hazardous Decomposition Products

Extreme temperatures such as a fire cause formation of highly toxic and corrosive fumes of fluorides such as SiF and HF Hydrogen gas may be fonned at temperatures above 227DF

Corrosiveness Attacks silica bearing materials metals and stoneware Hazardous Polymerization

Will not occur

Status New Issue Date February 3 2006 Section(s) Revised NA MSDS MOS16961061

SECTION XI TOXICOLOGICAL INFORMATION

Acute Oral Toxicity 430 mgkg oral-rat LD50

Acute Dermal Toxicity 140 mgkg LOLo (Frog)

Mutagenesis No data available

Target Organ No data available

Developmental Toxicity No data available

Carcinogenicity No data available

SECTION XII ECOLOGICAL INFORMATION

ECOTOXfCOLOGY No data available

SECTION XIII DISPOSAL CONSIDERATIONS

Keep in covered DOT-approved poly drums pending disposal Handle and dispose in full compliance with an applicable Intemational Federal State and Local reQulations

SECTION XIV TRANSPORT INFO

Regulatory Status None established

Proper Shipping Name Hydrofluosilicic Acid

Hazard Class Class 8 (corrosive)

Packing Group II

Identification Number UN1778

Guide Number 154

SECTION XV REGULA TORY INFORMATION

CERClA Not Regulated RCRA 26133 Not Regulated

SARA TI11E III Section 302 Not Regulated (ExemptIons at 40 CFR Pan 370 may apply for agricuIIural use or lor quantllies of less

SectIon 304 Not Regulated Section 3111312 Acute and Chronic

than 10000 pounds _lie) Section 313 Not Regulated NTP tARC OSHA Recommended for Study IARC group 3 Not regulated by OSHA

(PSM) Canada OSL and NDSL On Inventory TSCA On Inventory

Status New Issue Date February 3 2006 SectIon(s) Revised NlA MSOS MOS16961061

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS Usted as Fluorosilicic Acid CBSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUED REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMATION THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are fumished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4001shy1998

Note to (if 8IlpicBble)

Status New Issue Date February 3 2006 Section(s) Revised NlA MSDS MOS16961061

I

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS listed as Fluorosilicic Acid CaSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUEO REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMAnoN THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are furnished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4OO1shy1998

Note to __ (d 8pP1icab1ei

Status New Issue Date February 3 2006 Section(s) Revised NJA MSDS MOS16961061

DATE IIlIMIOOIYYY) nleO

IROOIJ(EII 1-113-623-2330

ACORD CERTIFICATE OF LIABILITY INSURANCE I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERllFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR

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If SUBROGATION IS WAIVED subject to the teons and conditions of the poHcy certain policies may require an endorsement A statement on this certificate does not OJOfer rights to the certificate holder in lieu of such endorsement(s)

DISCLAIMER

The Certificate of Insurance on the reverse side of this foon does not constitute a contract between the issuing insurer(s) authorized representative or producer and the certificate holder nor does it affinnatively or negatively amend extend or alter the coverage alforded by the policies listed thereon

ACORD 25 (2001108)

SUPPLEMENT TO CERTIFICATE OF INSURANCE I DATE 11180

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SAN ANTONIO TEXAS 78298middot2449 TABULATION OF BIDS

Annual Contract for Fluoroslficic Acid (February 2 2010 through February 1 2011) 300 pmbull January 19 2010

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UNIT PRICE 630

3 Split Delivery Fee (stop charge) 227 deliveries UNIT TOTAL 11000

4 Expediated Delivery UNIT PRICE 92500

APPRO~ATETOTAL TOTAL 50000000

Tenns

Delivery Days

1 20 days

5-6 days

1

BID INVITAnONS WERE MAUD TO ANDOR PICKED UP BY

Pennco SAWS Website Napea Chemical Cobull Inc Demandstar OXl UnivarUSA

Page 10: 331 Twisted Wood Dr.coalitionforsafemeters.org/TFSDW/PENNCO_Contract_2010.pdf · At the February 2,2010, meeting of the San Antonio Water System (SAWS) Board of Trustees, you were

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVIT AnON BID (continued)

Page No 8 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

Pamg Station Addness Zip Code Gateway 1 amp2 6615 RustJeaf 78242 Klaus 2660 Eisenhauer 78209 Lackland 6 amp 6A 8219 Five Palms 78242 LomaLinda 5218 Lorna Linda Dr 78201 Northwood 2319 Kenilworth 78209 Pipers Meadow 7721 Joe Newton 78251 Seale 254 SealeRd 78219 Sunshine 1929 S1 Cloud 78228 Sutton 942 Sutton Dr 78228 Turtle Creek 2 8523 Data Point 78229 Turtle Creek 3 8815 Data Point 78229 Walzem 127 Newport 78218 Woodlake 6663 FM 78 78244 Oliver Ranch 26293 US Hwy 281 N 78258

Damages Contractor shall be responsible for furnishing all required and applicable leak spill repair clean up equipment and kits for all vehicles making deliveries to SAWS facilities Contractor shall be liable for cleanup and lor repairs ofany damaged facility equipment by spillage or during chemical delivery caused by negligence or faulty equipment

Pencco Inc _afBl_(C_y) (pllnlortype) ~mca ~Bra Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 9 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

GENERAL CONDITIONS

1 This bid contains General Conditions and Specifications as well as in some areas other specific required information and material It is the bidders responsibility to be completely familiar with any and all requirements Failure to do so may result in bid being declared non-responsive

2 Any manufilcturer brand and model numbers used in these specifications are for the purpose of describing and establishing minimum requirements or level of quality standard of performance and design required and in no way intended to prohibit the bidding of other rnanufilcturers items ofequal specifications

3 The section headings or paragraph captions contained herein are for convenience of reference only and not intended to define extend or limit any provisions of this contract

4 Prices must be quoted FOB SAWS receiving agency San Antonio Texas Upon award of a contract the supplier is obligated to deliver the goods to the required destination and bears the risk of loss until delivery

5 Bids may not be conditioned on minimum deliveries The quantities shown are estimates only and are in no way binding upon SAWS Estimated quantities will be used for the purpose of evaluation SAWS may increase or decrease quantities as needed

6 Freight will be paid only when SAWS has made a request for expedited delivery

7 It will be the bidders responsibility to be completely familiar with all specifications prior to submitting bid No extra payment for the work specified will be considered Bidder must include all costs related to this bid in their unit price

8 Bidder by submitting a quote acknowledges that they have read and fully understand all requirements and take no exceptions

9 Bidder by submitting a bid hereby agrees that all SAWS requirements contained in this bid document take priority over any attached brochures literature company stated warranties andor requirements unless specifically spelled out in a separate letter titled Bid Exceptions

10 Please fill in prices make one copy for your file and submit all pages of the original bid form The Bidder shall furnish all information required by the bid fann The Bidder shall print or type hislher name and manually sign the schedule and each continuation sheet (Delete item 2a of Terms and Conditions of Invitation for Bid) Copies aDd fued bids willoot be accepted Bids can be downloaded from SAWS website at wwwwawsorg

11 Bid shall be enclosed in a sealed envelope addressed to the Purchasing Division in accordance with instructions contained herein with the name and address of bidder date and hour of bid opening and title of the bid solicitation placed on the outside of the envelope No Bids should be returned by the bid opening date with No Bid indicated on the envelope in addition to the bid number and bid opening date SAWS assumes no responsibility for bids not processed due to the fililure of the bidder to identify the envelope as a bid response

Pencco Inc Name af Bidder (Company) (print or type)

AV11aSigure af persqn authorized IIgt Sign bid

Mon1ca Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 10 No Pages 21

Item Estimated Unit Total No-__Quanti~ty~__________---Descrciption Price Amount

12 If bidder obtains bid specifications via Internet the bid must be submitted in hard copy according to the instructions contained in this bid If in its bid response bidder makes any changes whatsoever to SAWS bid specifications SAWS bid specifications as published shall controL Furthermore ifan alternation ofany kind to SAWS published bid specifications is only discovered after the contract is executed and is or is not being performed the contract is subject to immediate cancellation

13 Bidders facilities and equipment can be a determining factor in making the bid award All bidders wiD be subject to inspection of their facilities and equipment

14 All subject price lists should be submitted with this bid and shall become a part hereof However if in the opinion of the SAWS Purchasing Agent it is impractical for bidder to include published price lists as part of this bid and to furnish any price lists andor written changes as required herein bidder shall permit the Purchasing Agent or hislher authorized representatives to inspect the pertinent published price lists andor written changes in the office of the bidder or at any other location approved by the Purchasing Agent

15 By submittal of this bid bidder certifies to the best of their knowledge that all information is true and correct

16 A bid that has been opened may not be changed for the purpose ofcorrecting an error in the bid unit price

17 Bidder must submit Material Safety Data Sheets with the bid for any hazardous chemical quoted or supplied under this quote

18 SAWS will not be liable for any costs incurred by a bidder in responding to the bid request

19 Damaged goods or goods received due to error by supplier will be returned and supplier will pay freight

20 If not aliqle purchase tile qlUllltlties SboWD are estimates ollly aad are iD DO way biDdiDg DpoD SAWS Estimated quantities will be DIed tbr tile purpose of evlluation SAWS may iDcrease or decrease quantities U Deeded

21 When supplier cannot abide by terms and conditions in fulfilling the contract supplier must furnish service or goods from other sources at the contract price If supplier delays in the above SAWS reserves the right to purchase on the open market and charge supplier the difference between contract price and the purchase price

22 Bidder warrants that all deliveries under this bid will be of the type and quality herein specified SAWS may reject or refuse any delivery which falls below the quality required in the specif1C8tions and SAWS shall not be held to have accepted any delivery until after it has made an inspection of same and has had an opportunity to exercise this right of rejection

23 Bidder shall be responsible for alI charges which relate to the delivery of the goods to SAWS place ofbusiness and for the return to bidder of any goods fliected as being non-conforming under the specifications

Pencco Inc SignaIunt ~_10lion bid

Monica Avila Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONO TEXAS

FORMAL INVITATION BID (continued)

Page No 11 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

24 SAWS is the final judge ofproduct acceptability for items quoted on this bid

25 SAWS Specifications and Terms and Conditions provided with this bid document will prevail in the event of conflict with bidders

26 SAWS reserves the right to cancel this contract witb a 30 day written notice without cause

27 Termination-Breach Should vendor fail to fulfill in a timely and proper manner as determined solely by the Purchasing Director its obligations under this contract or violate any ofthe terms ofthis contract SAWS shall have tbe right to immediately terminate the contract Notice of termination shall be provided in writing to the vendor effective upon the date set forth in the notice Such termination shall not relieve the vendor of any liability to SAWS for damages snstained by virtue ofany breacb by the vendor

28 No oral statement of any person shall modify or otherwise change or affect the terms conditions or specifications stated in the resulting contract The SAWS Purchasing Division will make all change orders in writing

29 The successful bidder shall not sell assign transfer or convey this contract in whole or in part without the prior written consent of the Purchasing Division

30 The obligations of the parties hereto are performed in Bexar County Texas and if legal action is necessary to enforce same exclusive venue shall be within Bexar County Texas

31 Contractor shall defend indemnify and bold hannless SAWS from and against any liability loss cost and expense of whatsoever nature including those related to death bodily injury sickness disease andlor loss or destruction of property (including reasonable attorneys fees and costs of defense) resulting from Contractors performance of the services to the extent that such losses arise out of andor are attributed to the sole or concurrent negligence errors or omissions or strict liability of Contractor its employees Subcontractors agents or their respective employees Where liability is attributable to the joint negligence or fault ofContractor and SAWS Contractors duty of indemnification shall be limited to Contractors (and Contractors agents Subcontractors or employees) allocable share ofjoint negligence or fault

This indemnity shall be broadly construed to apply to all liability attributed to the concurrent and sole negligence ofcontractor and shall survive termination of this agreement

32 The goods or services furnished under this contract shall be covered by tbe most favorable commercial warranties given to any customer for same or similar supplies or services The implied warranties and remedies of the Universal Commercial Code are included in this procurement and shall apply to the issued purchase ordercontract

33 Prospective bidders must prove beyond any doubt to the SAWS Purchaaing Agent that they are duly qualified capable bondable etc to fulfill and abide by the specifications herein listed

Pencco Inc 5qIaItnt of ___10 sign bid

HameofB_(~) (pnntOitype)

Monica Avila Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 12 No Pages 21

Item Estimated Unit Total _N--o___O--u--a--ntity-___________Description Price Amount

34 Right to Audit (lump sum contracts) SAWS or its designated agent shall have the right to audit at any time the Contract related records and associated documents of the Contractor and Subcontractor Such right to audit shall be for the determination of the accuracy and validity of the Contractors and Subcontractors billing to SAWS and for verifying compliance with other terms and conditions of the Contract

35 Contractor and Subcontractor shall maintain aU records required to be kept by law rule or regulation or records required to document performance of the services specified in the contract documents The records shall be maintained for the period required by law for a reasonable period in the absence of the applicable law or for two (2) yesrs after completion ofall services whichever is greater Contractor shall provide to SAWS copies of such records as provided in the contract documents or as reasonably requested by SAWS after performance of the service

36 It is expressly understood and agreed by both parties hereto that SAWS is contracting with the successful bidder as an independent contractor The parties hereto understand and agree that SAWS shall not be liable for any claims which may be asserted by any third party occurring in connection with the services to be performed by the successful bidder under this contract and that the successful bidder has no authority to bind SAWS

37 The successful bidder agnes to indemnifY and hold SAWS harmless from any claim involving patent infringement or copyrights on goods supplied

38 If insurance is required the minimum insurance to be maintained shaU he in accordance with SAWS Standard IDsIUIUICe Spedtkations Bidder should submit a draft Insurance Certificate with Bid The successful bidder shall furnish a completed Certificate of Insuraoce which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage limits and terminstion provisions shown thereon Successful bidder will be required to maintain at all times during performance of the contract the insurance detailed in this bid document

Certificate of Insurance shall be filed with the System no later than 5 days after notification ofpending award of contract and before starting any work Certificates should he mailed to the Purchasing Division San Antonio Water System P O Box 2449 San Antonio Texas 78298-2449 CONTRACfORs CertHkate shan refereDce the SAWS bid Dumber at time ofsDbmittaL

39 The successful bidder shall mail invoices to the SAWS Accounts Payable Section P O Box 2449 San Antonio Texas 78298-2449 Invoices for payments and correspondence for this contract must reference the SAWS purchase order number

40 No officer or employee of SAWS shall have a financial interest direct or indirect in any contract with SAWS or shall benefit financially directly or indirectly in the sale to SAWS of any materials supplies or services except on behalf of SAWS as an officer or employee In this instance a SAWS employee is defined as any employee ofSAWS who is required to file a financial involvement report pursuant to the Citys ethics ordiuance

41 Any successful supplier required to perform any type of construction or service related work at SAWS location as a result ofthis bid or proposal must comply with all requirements shown in SAWS Health and Safety Program

Pencco Inc Name a( Bidder (CIlnIpanyI (print 0lt type) SIgnmint a( person auI1oIized lo sign bid

Monica Avila Bid Sec

SAN ANTOMO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 13 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

and Security Procedure No 2-11 Copies can be obtained from the SAWS Safety Officer at (210) 233-3616 Failure to comply with this requirement shall deem project in non-compliance and may result in immediate termination with cause

42 Suppliers employees performing work or making deliveries on SAWS property other than for a one-time drop shipment will be required to provide their employees with a photo identification badge that includes the company name no exception

43 Bid exceptions will be cause for rejection ofany bid at the sole discretion of the Purchasing Director

44 SAWS reserves the right to award this bid to more than one supplier

45 Award ofall bids and RFPs will be based on Best Value as determined by SAWS

46 In the event the San Antonio Water System Board does not appropriate tuuds for continuation of this contract for any fiscal year after the first fiscal year and it has no funds to continue this contract from other sources SAWS shall be released from its obligations under this contract

47 If a third party is used to ship mercbandise the shipping documents MUST include all SAWS Purchase Order Numbers

Pencco Inc SignaIuIe _IW_ 0 ~n bid

Monica AV11a Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVfTATlON BID (continued)

Page No 14 No Pages 21

Item Estimated Unit Total No Quantity Desaiption Price Amount

Security Requirements

Contractor shall ensure a Prime Contractor Data Form (PCDF) and a Background Saeening Letter (provided by SAWS Security) is properly completed fopound all employees performing work under this Agncment and on file with the SAWS Security Office prior to work commencement Subcontractors perfurming wort must be listed on the PCDF Contractor shan be responsible for the accuracy of information on the PCDF and fOr obtaining any and all required items (badges and parking tags) necessary to fulfilling the work under this Agreement The PCDF must be sent electronically to SCluritywoup(llIIwsorg Contractor shall advise the SAWS Project Manager of any employee terminations or changes to personnel perfurming work under this Agreement and Contractor sball immediately turn in any and all badges andor parking tags of employees who are terminated or no longer perfOrming work under this Agncment If there are any changes in the infOrmation contained in the PCDF or the Background Screening Letters Contractor shall immediately notifY the SAWS Project Manager and provide updated PCDF and Background Screening Letters with copies to securitygroup[iSllwsorg

Contractor and its employees and agents shall obtain a SAWS photo identification badge (Contractors Badge) and parking tag if necessary prior to any work on SAWS property which shall be used only fopound plllJlO5CS necessary to perfurm the work under this Agreement SAWS Badge Office bours are Monday and Friday 100 pm to 500 pm (hours are subject to change) Security Staff can be contacted at (210) 233-3760 or (210) 233-3616 A replacement fee shan be charged to replace any lost or damaged badges or parking tags As a condition of final payment Contractor shall return all badges and parking tags to the Security 0 ffice In the event Contractor fails to return all security badges and parking tags in addition to any other rights or remedies to which SAWS may be entitled at law or in equity SAWS may withhold from payment to the Contractor the sum ofS50000 dollars per badge or parking tag as liquidated damages Contractor agrees that the actual amount of damages fOr failore to return the badges andor parking tags are difficult to determine and the liquidated damages herein are not a penalty but are a reasonable estimate of the costs and expenses that may be incurred by SAWS for failure to return the badges or parking tags

Certain designated SAWS facilities Oist with SAWS Security) require a SAWS employee to physically escort Contractor at all times SAWS may in its sole discretion waive the escort requirements if the PCDF and a clean Background Screening Letter signed by an authcrized representative ofContractor are approved by SAWS Security

Subcontractors must always be under escort of the Contractor while perfOrming wort on any SAWS designated primary facility (list with SAWS Security) Subcontractors must display either a company photo badge with name or a valid driven license at all times while working on any SAWS property Contractor is solely responsible for the actions of its employees agents contractors and subcontractors

Due to changing security environments Contractor MUST be prepared fOr additional security requirements at its expense including background checks AiJy person fuund to have an unacceptable background check (as determined by SAWS review of submitted paperwork or other infurmation provided to or obtained by SAWS) will not be allowed to pertbrm work under this Agreement or on SAWS facilities Notwithatanding anything herein to the contrary any provisions in these Security Procedures that may appear to give SAWS the right to direct Contractor as to details ofdoing any work under this Agreement or to exercise a measure of control over any security measures or such work shall be deemed to mean that Contractor shall fullow the desires of SAWS in the resatD ofthe work or security measures only

Advance coordination by Contractor with SAWS Security office for these security requirements is necessary to ensure no delays with timely perfurmance of the work In the event Contractor fails to comply with SAWS Security requirements SAWS may with no penalty or claim against SAWS issue a Work Stoppage Order until the security violation (s) are remedied

PenCCD Inc Name ofBidder (~) (print or type) SiaoIIure at r$OIIJMh~ to IiIII bict

-MDn~ca Av~~a H10 Sec

~--------

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

____________F_O_RMAL_~IIMTAnON BID (continued)

Page No 15 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

IMPORTANT MAILING INSTRUCTIONS

Mark Envelope

DID NAME FLUOROSILICIC ACID

DID No 10-2088

OPENING DATE JANUARY 192010 TIME 900 AM

MAIL TO DELIVER TO

Purchasing Division Purchasing Division San Antonio Water System San Antonio Water System P O Box 2449 2800 US Hwy 281 North San Antonio Texas 78298-2449 San Antonio Texas 78212

NOTE It is the bidders responsibility to ensure that bids are received in the prescribed manner by the stated date and hour ofthe bid opening

-------------------------------------------Pencco Inc

SIIn8IIn of iIUtII_ IIgt sign bid Monica Avila Bid Sec

___

170f21

81___d _ __ tl-__1 GEJIIERAL COMDnIOMS

(a) _____ -__

~ Bktder mIIIIe ~neceuytoirlOrmhiml tharouCINtn GllhetyOl ______~lSreqJredbrtt1bid~ NopllnOfiQnOr~bwtha~of

CiCIfldIonI th or hIreIbr_ra Of (W CIIMMn on PI __ blddIw to III t-=-~~ and irwaIgiIOnIto k ewIfy deIIIl the f1II1Wlmentl Of the ccnr1lCl _ _ __ _ __W__(_S) _ CltnrtltIor

~CI aMrd d IMt conIrICt SAWS IhtI hMoe rtght to CiInCIId oniIrs upon 01 ConIJ-=- to dIIIiyenIty n in 1WGPQUf SAWS SfIM 8110 h8we ~ rigtIt to 0Idet naeriilh ~ COIJ1IIIRIbIedelSilnandqu8ltyittequtltDa~itIIClIdIIdkardIno~frclMiWIy~~nIlOchCotII forcIfknnce~ofmateriamp~

2 PREPARATION Of lIDS 81C11 be tftPIAdlftllCClOfdne ~ () TheBiddlt fumtsh 81 1nreIohdbythe tidbm TtIe bidder pitfor typIthlSfInd 1NIIIoII~tndal~1I ShIM Gnwbkttentry 1$ madre (b lNprioes betLflaiMt -rar_nIiortCII UIilprice ~

(e)(d) Where____ ~cfbull ______ and l1li kWIIIIIaft tor bid IIIppnMIcf ~ hie br~ nat so cleItoIIJIIMtd yenIIiJI rQ be ~~-_ unfeU autuiud in wi1in by U connctinDafIIJcwIlhIn ttwtt- JIiot apeMIJ

(e) 8ktders lrdincUtlildlnl_inllld tinceSAWSIltomPllVlltGf A_~~wbeUnlshed~

DIIOIIPTIOII Of IUPllElIMIt __ or ~ f1IIInncIa in-dIKIbIg ltemll~ and nat restrlclMGIifIIIrwiM -d cnyto tndc_ al(I qJIIty of lTIIIleria WMn itent ~ dffer in ~__--_ _ _ _ _d_ oonose _ _ ___

4 QUAIITfTItS 81cfid1rs laquo~~CUtng ~IIIIIffOd nclCIIIcutMItt ~ poIIyOlSAWShoMverbullbull OI~blqInoaldCCJhdlng1O tS1IItbin Oftclull~CI~_ OI IIICII1tlfIIch~wtd aan-certlln __ CIIiIIulIJIedDft dlUllliBafa~ ehttlTight~ ~ccntractperiDd_S tlIMglUCt-PWiOCtSAWStnl~dIO_ ~any(JthelllmlarfMYdIIIIte or__ _the tIld~cr~ __ Undlrlivdl cannel_ _ __ __ __ __-

tudI~pIQpOHId on bISAWS~righltobld~inSAWfr~middot bull An~bkIdIIMd_cnWllhkhilimcrtlof tidillt ~ IIIsI then bull h ITWlel ptce or tIkIderI COlt _ aID n- tiddlllr GIll OWIQII tid but crI bull ~ alae-r SAWS resene riOM to8 ita ~RtctfliUi(jtbkI~ 1f1fldl twd ~SAWS 1heCOf1htt $AW$retii8fWSto~ar aud1i1enwfnlm~tobe~ orWCllk II) be

~0f8101 ) 8IdII tnd ~ lhIIbe encllOledln~-ape ~toCoMIIdhI 0fJtCIItS- MIanIoW_ ssaem 1hI ~ bull d tiddar1he date nhcu oftid opening aruI

__(b) __hllNOfmaeialar_ tidon- CtSAWS0IAIidt_ tel ~IIIUIt alJbMllledwltNntlll_~ ftO tI)SAWS IfnolOyenedorused dIrinQ ber~upanbullbulltidOInaplfllbull ___OIII11OD11CAllOH Of 81)8

BtrtlbeIme fOr bltdtlJlWllt9the ~Of~OfIctit ~ JftDiIIIMf~rWIII1ce~lUChlllGle8 reeehoedpiorlO IImt_dIiWI Ntfar tido~ oe-wu andmodlcltanalaquo ~ receMdfm1 _tor tfdopllllllrG tJensmedunopene4

1 DIIICOlJNTS () PfIynwtt cb~ wI1 be rcnkIIrMin ng d~1Dd of dlCOILIt cPftnd 1amp StftciIRto paymenllIIIhI aUCh period in CGIntI dtluslness The I1IIIUe of ~~

8IsGbII~IC1 (b) canon Mh any ~t1IIWbull be ~flaquom ell ~ Of IampCIPIes orJehlCe laquohrfn carrea1IWCice Isrtclliilled ~ dille ~iI dttmedtobe INIdI

on1he date 01 nIIng of the cfIeeIL SElLERS 11_() __ ___ __ ___5-__- _O Nobull __ _ _

(b) lWaicallil natmdyCI-n_receiipof~orlrMJiCel~ --------EXf_ Of _AI CONTRACT SAWS rwetMI ftamp ~ flO ~ 1fIIIIPIOIII to -nd _ tonncI ___ en pettod Of men taII ON arIUtItKt alfN tems eondions bull enunwraled lit me tern and CCtIdIIona cI~tor bt amt a price f1lpriCa noIto 1IIC88d_~

10 AyenfARD OF CCraquofTRACTr) The Connctthe bIdIiIr tJld~tothe ~_bIdl1I naI toSAWS b BIdders -dngOl~ablcfis~cI andDty~ The clwd1~(1) _ __-_

(2) _SAWS-_____ _ __

(l) __in SAWlr)ldleftWlt lOwbddlJr is noI SAWS to -d he ccnnrtto the 6iddIra ltil nattbe fJlSAWS~ton-d~ on riI in bi Oller ctffIrwtCaamplnbMkPlCa tlfleit8fn SAWSreurves tWUtotUe~ tdln_Nyenift ~cfSAWS to ~fcIIIowI

(1) 1IojIIcI(2) ___ _ _

3 ~bIQft_a-tsfJI~OIhertNnpice ~ ---111 rlfbidl is _IIiIMIr n ncfIctionof 8oardtlTfUItN$ In bIddIr prceestlhe ~ rteGltlnelldIJdbythe ~Ing chiIimlhe(C) SAWS=-==--=I~mtMlnQOf8oInf_~lWIfWIgpricrto d

(d) ____SAWS __ _

11 REJICT1OIOSAWSOf (a) __ _ _

1 n1iddIr~ft MIin1idI 1M1id ____COIIfcImtothe_the~OItid

a 1hI1id II cardIonaI ~

4 _ Thltbldll~__noI SAWS _ _ _bld _ d __SAWS~

CD) SAWSIWIttWIIDNIiJCtor tIkII1O~tIIdIOI_~btSAWSto _-tand fortnIIMlaquo it ND_IIOckoMIW~cftclWorOlltMlHdWorwh_ OIIIIitrd anwhtIhor lhtllbanOlkworOI 13 == CltrOlMtGIthI _ --or 01 AftyQIII Ol ~_ blIIOf~YfIICl

(OJ ___ _____dOhOIy_--________ (II) _ UnIt_ _ bid______ W_ _ __ __-_ shy~

~In_ _~_bt_~_ I11III1110001_) A__ _____(e) _ --Ild(st- _ _- ____ - _____ __

_ _ _ ___- - --InMOy- - ----- -1 A __ _ _ _ _ ___ __~ ~ 111___ -_ _____bull_-___bull_flr___ _ ____r0IIIC0rto~ prtcellJtor fIw1IIIlIddiIr fie ~ 0fticAr ~ wfntpect fte perfIw1t~ price _or ~ In Iheolktt

104 EQUAL MIIIOvtfT 0PPCNnlIfiY All conncaln dS10OOOOOoallhft t5laquo1IIIQhWUdt() TIIIt_ _ _ TIIIt_ _ _ ____- _ shy

=~=-==== =n~-~~====r~---__ __shy(b) IpGt ItICIfthCW to SAWS bull Ind parnit __ 11) fICOIdI and _1w ~ Of to ~~ rufeJ- shy_ flAWS(c) If fourdnatlD be In ~ thenat fllIit-ot cannct tlllcaNNClny ~~ or urpendId tn laquo In part QIf1hcID (My ~trom

(d) AI iiddIraor~canncDsor~totubmlt Mdlaquo~-tn SIgnad OIIciIIIft ln Of~fIO~ u~-_~dDnaI___ _ Gn OIoJIIIrIIIgIan ~arIgi__ _ __3 __-~Acl(el Tho _Ordlr201bull _ _~~

Of1_~~farand~inCilllllMelanHUODIiaIId15 8I)8QNO

A ttId bond be ~ If SAW$~~-- ~__ tl -CIt tOIhct SAWS s1LtOOOOO rbfd bowIt II~ _mull tal ~bp Bid8ond c-otChtclaquoCatitII ChID DIi laquo~tn 01 __ hnMtft) bid I4JCGInft II) ~Snobid~

unIIultilin~IIith__ 8Gndll0Ic-1tu _1IiI___ crawt and ~--- ~ _ ___ _ __ 0 -_ SlktBondlaquo~

11 FUNOIIG __ In fie _ _ _____ ____SAWS In tNa cowact tD to HCIn or far Oller cn vwnU - to jnMdIww Md iCQnWCl copita bullbull UCC 1iIngI-d factOtInO SOWS_IO - __ assIgrwnreM

~flIMIIt~to Otin t8ed_~bJ II)YWdlrIneeolIIIIIJIcaI fthokIIr

~~

17of21

SAWS STANDARD INSURANCE SPECIFICATIONS (Specifications)

I Commencing on the date of this Contract the Contractor shall at his own expense purchase maintain and keep in force such insurance as will protect him and the San Antonio Water System (SAWS) and the City of San Antonio (the City) and their employees and agents from claims which may arise out of or result from his operations under this Contract whether such operations are by himself by any sub-contractor supplier or by anyone directly or indirectly employed by any of them or by anyone fur whose acts any of them may be liable including without limitation the following

a Worken CompensatioD (WC) insurance that will protect the Contractor SAWS and the City from claims under statutory Workers Compensation laws disability laws or such other employee benefit laws and that will fulfill the requirements of the jurisdiction in which the work is to be pertbrmed

This insurance shall be endorsed to provide a Waiver of SubrogatioD in favor of SAWS and the City with respect to both this insurance coverage and the Employen Liability (EL) insurance (as specified immediately below in section lb)

b Employen Liability (EL) insurance (Coverage B under standard Workers Compensation policy) that will protect the Contractor SAWS and the City fur damages because of bodily injury sickness disease of vendors employees apart from that imposed by Workers Compensation laws The employers liability insurance shall have minimum limits ofliability ofnot less than

$ 100000000 Bodily Injury by Accident 100000000 Bodily Injury by Disease - Each Employee 100000000 Bodily Injury by Disease - Policy Limit

c Commerdal General Liability (CGL) insurance that will protect the Contractor SAWS and the City from claims fur damages because of bodily injury personal injury sickness disease or death and insurance that wilt protect the Contractor SAWS and the City from claims fur damages to or destruction of tangible property ofothers including loss ofuse thereof

This coverage shall

bull Cover independent contractors

bull Not include any exclusions relating to blasting explosion collapse ofbuildings or damage to underground property where applicable

bull Afford coverage fur Products Liabilityandor Completed Operations and Contractual Liability

The minimum limits ofliability fur this coverage shall be

$ 100000000 Occurrence Limit 200000000 General Aggregate

180f21

100000000 ProductsCompleted Operations Aggregate 100000000 Personal and Advertising Injury

5000000 Fire Legal Liability 100000000 Contractual Liability

This insurance shall be endorsed

bull Naming SAWS and the City as an Additionallosured and

bull To provide a Waiver of Subrogation in favor ofSAWS and the City

d Comprehensive Automobile Liability (AL) insurance that will protect the Contractor SAWS and the City from claims for damages arising out ofthe maintenance operation or use of any owned non-owned or hired vehicles Minimum limits of liability for bodily injury and property damage combined shall be not less than $100000000 per each occurrence

This insurance shall be endorsed

bull Naming SAWS and the City as an Additional Insured and

bull To provide a Waiver of Subrogation in favor ofSA WS and the City

e Umbrella LiabiUty (UL) insurance in the amount ofS200000000 This policy shall be ofan Occurrence type and the limit of liability shall be concurrent with (following form) and in excess of the EL CGL and AL insurance coverage as descnbed in paragraphs lb lc and Id above

f Contractors Pollution Liability Insuraoce with limits of $1000000 per occurrencelS2000000 in the aggregate The policy shall provide claims made coverage for all claims liabilities damages costs fees and expenses of any kind or character arising out ofany Pollution Condition(s) (as defined below) that js in any way related to CONTRACTORs operations actions or inactions and completed operations associated with any work performed by Contractor its subcontractors or any of their respective employees agents representatives or officers under this Contract Coverage must be maintained for a minimum of twenty-four (24) months after the end of the Contract term or ifthe Contract js terminated fOr any reason fOr a minimum oftwentyshyfour (24) months fOllowing the date of termination The policy retroactive date will be no later than the Contract start date

Pollution Condition(s) means the djscharge dispersal release or escape of any solid liquid gaseous or thermal irritant or contaminant including but not limited to smoke sewage vaplrs soot fumes acids alkalis toxic chemicals medical waste and waste materials into or upon land the atmosphere or any watercourse or body of water including groundwater provided such conditions are not naturally present in the environment in the amounts or concentrations discovered

The Contradors Pollution Liability losurance will pay on behalf of the CONTRACTOR SAWS and the City of San Antonio all claims demands damages liabilities costs fees and expenses of any kind or character fOr bodily injury or death

190f21

property damage environmental or natural resource damage and any fines fees assessments or penalties of any kind assessed by any governmental department agency or commission that resuh from or are related to a Pollution Condition(s) Coverage will include all subcontractors hired by CONTRACIOR to perform any work under this Contract

The policy shall also include the fullowing provisions

I) Coverage fur bodily injury to include physical injury sickness disease mental anguish and emotional distress sustained by any person including death

2) All costs that are related to or that arise out of or from the investigation or adjustment of any claim or in connection with any court arbitration mediation state administrative hearing or other proceeding ofany kind including attorneys fees expert witness fees costs charges and expenses of any kind or character that arise out ofor that are related to a Pollution Condition(s)

3) Coverage shall be Primary and in addition to any other valid and collectible insurance carried by SAWS and the City of San Antonio as respects to this Contract

4) Coverage fur Natural Resource Damages and any fines fees penalties or assessments by any governmental agency commission or department related to any Pollution Condition(s)

5) Insured versus Insured exclusion if fuund in the policy shall not apply to a claim by an Insured who qualifies as a Client of the Named Insured under the policy

6) IfNon-Owned Disposal sites are used for disposal ofwastes these sites shall be specifically included under the Contractors Pollution Liability Insurance policy and

7) Coverage for punitive exemplary and multiple damages

Automobile Liability policy ofCONTRACIOR halliing QlJy quantityof fluorosilicic acid shall either be endorsed to provide coverage under the TE9948 endorsement or the Contractors Pollution Liability Insurance policy shall be endorsed to provide transportation coverage beyond the boundaries ofthe testing andor delivery site(s)

2 Contractor shall require Sub-contractors to carry insurance coverage appropriate to their scope ofWork

3 Contractor shall furnish a completed Certificate ofInsurance which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage limits and termination provisions shown thereon

4 The insurance that is required under these Specifications shall be written so that SAWS and the City will be notified in writing in the event of cancellation restrictive endorsement or nonshyrenewal at least thirty (30) days prior to such action

200[21

5 Certificates of Insurance shall be filed with the System 10 days prior to the SAWS Board of Trustees award of the Contract The SAWS Contract namelBid number shaD be included in the Description of Operations section located in the bottom half of the standard ACORD Certificate furms

Certificates shall be mailed to SAWS directly to

San Antonio Water System Attention PurchBSbtg Division P O Box 2449 San Antonio TeDs 78198-1449

Contractor shall be responsible fur obtaining Certificates of IDsunnce from the first tier Subshycontractor and upon request furnish copies to SAWS

6 Separate Certificates of Insurance shall be filed with the City ofSan Antonio] 0 days prior to the SAWS Board of Trustees award of the Contract The SAWS Contract namelBid number shaD be included in the Description of Operations section located in the bottom half of the standard ACORD Certificate furms

Certificates shall be mailed to the City ofSan Antonio directly to

City ofSan Antonio Attention Risk Management PO Box 39966 San Antonio TX 78283-3966

A copy of the certificate of insurance provided to the City of San Antonio shall be provided to SAWS at the same time

7 Contractor is responsible for all deductibles under all ofthe insurance policies reqilired by these Specifications

8 The stated limits of insurance required by these Specifications are MINIMUM ONLY and it shall be the Contractors responsibility to determine what limits are adequate and the length of time this coverage shall be maintained the insurance limits are not a limit of the Contractors liability

These minimum limits may be basic policy limits or any combination of basic limits and umbrella limits SAWS acceptance of Certificates of Insurance that in any respect do not comply with these Specifications does not release the Contractor from compliance herewith

9 Contractor agrees that an insurance policies required bYthese Specifications shall be with insurance companies firms or entities that have an AM Best rating of A- (A- minus) and a Financial Size Category rating of a VII or better All insurance policies shall be of an Occurrence type except the Contractors Pollution Liability line ofcoverage

210f21

10 SURVIVAL

Any and all representations conditions and warranties made by Contractor under this Contract including without limitation the provisions ofSection lb ie and Id ofthese Insurance Specifications are ofthe essence ofthis Contract and shall survive the execution and delivery of it and all stalernents contained in any document required by SAWS whether delivered at the time ofthe execution or al a later dale shall constitute representations and warranties hereunder

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PENCCO INC Pioneer Engineering Chemical Company

AFFIDAVIT OF COMPLIANCE

This is to certify that the Hydrofluorosilicic Acid supplied by our company meets A WWA Standard B703-00 or the latest revision and is certified to NSFANSI Standard NSF-60

Signature shy

R L Home President

Name and Title ofOfficial

142010

Date

PO BOX 600 bull SAN FELIPE TX 11473

PHONE 919-885-0005 bull 800-864-174~ bull FAX 979-885-3208

INPOPENCCOCON

NSF Certified Products - Public Water Supply Treatment Chemicals Page lof2

NSF

NSF Product and Service Listings

These Listings were Last Updated on Thursday Janulry 14 Z010 at 415 AM Eastern Time Please contact NSF International to confirm the status ofany Listing report errors or make suggestions

Wami NSF is COIIccncd abot fradu 1 d-loIIdilll d iplaUolI ofwcbsik tOIl Ifyou havo relaquorod Ihis listiar in lIrd copy ys rorafirm tllis ccrtlflcatleDilistlac Infonnlion lIy COilli diretlly to hHnllmywnrforclCertlfOCllP1Ch_ibullbullblListilAlpfCOIIIQlnyNme-peDccoamp for tho latest most eatntl ifonnatlon

NSFANSI STANDARD 60 Drinking Water Treatment Chemicalsmiddot Health Effects

----------~-----~

PENCCO INC PO BOX 600 SAN FELIPE TX 77473 800-864-1742 979-885-0005

Facility DISTRIBUTION CENTER - RICHMOND CA

Hydrofluosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid

Product Function Fluoridation Fluoridation

Max Use 6mgIL 6mgIL

Hydrofluosilicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - SOUTH GATE CA

HydrofluosUicir Acid Trade Designation Product FlUlCtion Max Use Fluorosilicic Acid Fluoridation 6mgIL Fluosilicic Acid Fluoridation 6mgIL Hydrofluosiiicic Acid Fluoridation 6mgIL

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Hydroftuosllicir Arid Trade Designation Product Fll1ICtion Max Use Fluorosilicic Acid Fluoridation 6mgIL F1uosilicic Acid Fluoridation 6mgIL Hydrofluosilicic Acid Fluoridation 6mgIL

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NSF Certified Products - Public Water Supply Treatment Chemicals Page 20f2

Facility D1STRI BUTION CENTER - BALTIMORE MD

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Facility DISTRIBUTION CENTER

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Product Function Fluoridation Fluoridation Fluoridation

SEALY TX

Product Function Fluoridation Fluoridation Fluoridation

Facility DISTRIBUTION CENTER - WAXAHACHIE TX

Hydrofluosilicic Acid Trade Designation FLUOROSILICIC ACID FLUOSJLlCJC ACID HYDROFLUOROSILlCJC ACID HYDROFLUOSILICIC ACID

Product Function Fluoridation Fluoridation Fluoridation Fluoridation

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL 6mgIL

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PENCCO INC Pioneer Engineering Chemical Company

HydrofluorosiIicic Acid Bid QAlQC Info

Pencco meets AWWA Standards and is NSF Certified

Hydrofluorosilicic acid also known as HFS or FSA is a transparent colorless (water white to straw yellow) aqueous solution that is used in a variety of applications including the major end-use water treatment for fluoridation FSA is produced during the concentration of phosphoric acid in an evaporation process unique to the phosphate industry The vapor stream from the phosphoric acid reaction is scrubbed with water to form FSA from the naturally-occurring silica acid The final product is collected stored and tested prior to release for shipment Potential danger of contamination is minimized through compliance with NSF 60 NSF 60 typically checks sourlt)e product and any subsequent transfer before unloading into customer tanks

infopenccoCGm PO Bo 600 S Felipe Tens 77473-0600 9791885-0005 FAX 979f88S310ll

Refer FL-J43 September 2000

THE MANUFACTURE OF THE FLUORIDE CHEMICALS

All ofthe fluoride chemicals used in the US for water fluoridation sodium fluoride sodium fluorosilicate and fluorosilicic acid are useful byproducts of the phosphate fertilizer industry The manufacturing process produces two byproducts (I) a solid calcium sulfate (sheetrock CaS04) and (2) the gases hydrofluoric acid (HF) and silicon tetrafluoride (SiF4) A simplified explanation of the manufacturing process follows Apatite rock a calcium mineral found in central Florida is ground up and treated with sulfuric acid producing phosphoric acid and the two byproducts calcium sulfate and the two gas emissions These gases are captured by product recovery units (scrubbers) and condensed into 23 fluorosilicic acid Sodium fluoride and sodium fluorosilicate are made from this acid

The question of toxicity purity and risk to humans from the addition of fluoride chemicals to the drinking water sometimes arises Almost all of the over 40 water treatment chemicals that may be used at the water plant are toxic to humans in their concentrated form eg chlorine gas and the fluoride chemicals are no exception Added to the drinking water in very small amounts the fluoride chemicals dissociate virtually J 00 into their various components (ions) and are very stable safe and non-toxic

Opponents of water fluoridation have argued that the silicofluorides do not completely dissociate under conditions ofnormal water treatment and thus may cause health problems To counter these claims the basic chemistry of this dissociation has been carefully reviewed Scientists at the US Environmental Protection Agency (EPA) and CDC epidemiologists have examined the research that opponents of water fluoridation cite Both groups have concluded that these charges are not credible

The claim is sometimes made that no health studies exist on the silicofluoride chemicals used in water fluoridation That is correct We the scientific community do not study health effects of concentrated chemicals as put into water we study the health effects ofthe treated water Le what those chemicals become fluoride ion silicates and the hydrogen ion The health effects of fluoride have been analyzed by literally thousands of studies over SO years and have been found to be safe and effective in reducing tooth decay The EPA has not set any Maximum Contaminant Level (MCL) for the silicates as there is no known health concerns for them at the low concentrations found in drinking water Of course the measurement ofthe pH of the water determines the concentration of the hydrogen ion

Concern has been raised about the impurities in the fluoride chemicals The American Water Works Association (A WWA) a well-respected water supply industry association sets standards for all chemicals used in the water treatment plant including fluoride chemicals The A WWA standards are ANSJJ A WWA B701-99 (sodium fluoride) ANSJJ A WWA B702-99 (sodium

fluorosilicate) and ANSIIAWWA B703-00 (fluorosilicic acid) The National Sanitation Foundation (NSF) also sets standards and does product certification for products used in the water industry including fluoride chemicals ANSINSF Standard 60 sets standards for purity and provides testing and certification for the fluoride chemicals Standard 60 was developed by NSF and a consortium of associations including the A WWA and the American National Standards Institute (ANSI) This standard provides for product quality and safety assurance to prevent the addition of harmful levels of contaminants from water treatment chemicals More than 40 states have laws or regulations requiring product compliance with Standard 60 NSF tests the fluoride chemicals for the II regulated metal compounds that have an EPA MCL In order for a product [for example fluorosilicic acid] to meet certification standards regulated metal contaminants must be present at the tap [in the home] at a concentration ofless than ten percent of the MCL when added to drinking water at the recommended maximum use level The EPA has not set any MCL for the silicates as there is no known health concerns but Standard 60 has a Maximum Allowable Level (MAL) of 16 mgIL for sodium silicates as corrosion control agents primarily for turbidity reasons NSF tests have shown the silicates in the water samples from public water systems to be well below these levels

Arsenic according to NSF tests had an average of043 ugIL [parts per billion] in the drinking water attributable to the fluoride chemical Opflow a monthly magazine from the A WWA has found the arsenic level in the finished water from the fluorosilicic acid to be 0245 ugIL [OpflowVol 26 No 10October 2000] The NSF Standard 60 has a Maximum Allowable Level (MAL) of25 ugIL and EPA has a MCL of 50 ugIL although they have proposed to lower their MCL to 5 ugIL As you can see arsenic is less that III Oth ofeven the proposed EPA MCL Finally tests by NSF and other independent testing laboratories have shown no detectable levels

of radionuclides in product samples of fluoride chemicals There is no evidence that any of the known impurities in the fluoride chemicals have failed to meet any of these standards Opponents ofwater fluoridation have sometimes charged that industrial grade fluoride chemicals are used at the water plant instead ofpharmaceutical grade chemicals All the standards of AWWA ANSI and NSF apply to these industrial grade fluoride chemicals to ensure they are safe Phannaceutical grade fluoride compounds are not appropriate for water fluoridation they are used in the formulation of prescription drugs

Finally it is sometimes alleged that the fluoride from natural sources like calcium fluoride is better than fluorides added artificially such as from the fluoride chemicals presently used There is no difference There is no reason to change the opinion of CDC that water fluoridation is safe and effective

Thomas O Reeves PE National Fluoridation Engineer Program Services Branch Division ofOm] Health National Center for Chronic Disease Prevention and Health Promotion Centers for Disease Control and Prevention

2

8813 US Highway 41 South Riverview Florida 33569

EMERGENCY TELEPHONEmiddot CHEMTREC 1-800-424-9300

SECTION I PRODUCT INFORMATION

TRADE NAME Hydrofluosilicic Acid

CHEMICAL NAME I Hydrofluosilicic Acid

CAS NUMBER

CHEMICAL FAMILY

SYNONYMS

PRIMARY USE

SECTION II

FORMULA

COMPOSITION

SECTION III EMERGENCY OVERVIEW

16961-83-4

I norganic Fluorides

FluorosHicic Acid Hexafluosilicic Acid HFS FSA Auoridation of drinking water

COMPOSITION INFORMATION ON INGREDIENTS

H2SiF6

Hydrofluosilicic Acid 120-25

water 175-80

HAZARD IDENTIFICATION Large doses can cause nausea vomiting diarrhea abdominal buming and cramp-like pains Circulatory respiratory neNOUS complaints and skin rashes may occur Liquid

Health Hazards or vapor also causes severe irritation and bums Which will not be immediately apparent It also causes severe irritation to the lungs nose and throat If swallowed it can cause severe damage to throat and stomach

Physical Hazards Not applicable

Physical Form liquid

Appearance water White to straw yellow liquid

Odor Pungent

Toxicity Not identified as toxic by OSHA

NFPA HAZARD CLASS ~HAZARD CLAS Health 3

I Flammability 0

Instability Special Hazard 1

FlammabHity 1

Physical 2Hanrd

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOSt MOS16961061

POTENTiAl HEALTH EFFECTS

Acute - I Titant Chronic - Degenerative changes in the liver Fluorosis

POTENTIAl ENVIRONMENTAl EFFECTS

None listed

SECTION IV FIRST AID MEASURES

FIRST AID PROCEDURES

Eyes Invnediately flush with plenty of water for at least 15 minutes Get medical attention invnediately

Skin

Invnediately flush with plenty of water Remove contaminated clothing Discard contaminated clothing properly Get medical attention if irritation occurs or persists

Inhated Move to fresh air Administer oxygen Treat symptomatically Get medical attention promptly

Ingestion Give large quantities of water to patient if conscious 00 Not induca vomiting Seek medical attention promptly

NOTE TO PHYSICIAN Not applicable

SECTION V FIRE FIGHTING MEASURES

Flammable Properties

Flash Point Not applicable

Flammability Not applicable

LEUUEL Not applicable

Auto-Ignition Temperature

Not applicable

Extinguishing Media Small fires Water spray foam dry chemical or CO2

Large fires Water spray fog or foam

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOS MOS16961061

Wear selfcontained breathing apparatus with full protective clothing

Protection of Firefighters

Dangerous when heated to decomposition highly toxic and corrosive fumes of fluorides are emitted Will react with water or steam to produce toxic and COITOSive fumes May generate hydrogen in contact with some metals

SECTION VI

RESPONSE TECHNIQUES

ACCIDENTAL RELEASE MEASURES Small spills Contain spill and stop leak if it can be done without risk Use sodium carbonate or a mixture of soda ash and slaked lime sand or noncombustible absorbent material to soak up material Place in DOTmiddotapproved poly container and dispose of properly

Large spills Use same procedure as above Isolate spill area and deny entry Prevent discharge into waterways and sewers Material may be neutralized with sodium carbonate or a mixture of soda ash and slaked lime Contact proper local state or federal regulatory agencies to ascertain proper disposal techniques and procedures

All waste to be collected in a DOTmiddot IPOlY drum for disposal

= SECTION VII

HANDLING

HANDLING AND STORAGE

Avoid contact with eyes skin and clothing Wash thoroughly after handling Maintain proper hygiene practices when handling this product

STORAGE Use DOT-approved poly drum for storage

SECTION VIII EXPOSURE CONTROLS I PERSONAL PROTECTION

ENGINEERING CONTROLS

Eye wash and shaNer stations should be available where acid is being handled

PERSONAl PROTECTIVE EQUIPMENT (PPE)

EyelFace

Skin

Respiratory

Splash proof goggles and fullmiddotface shield should be worn at all times Acid proof gloves headgear protective shoes and clothing should be worn to Drevent contact Use respiratory for 20ppm or less concentration Use a self-contained breathing apparatus for concentrations of greater than 2Oppm

Other None

GENERAL HYGIENE CONSIDERA nONS

Avoid breathing fumes Avoid ingestion Wash thoroughly after handling Avoid contact with eyes or skin Use in adequate ventilation

EXPOSURE GUIDELINES

OSHA Permissible Exposure Limits (PEL) 25mgFm3

ACGIH Threshold Limit Value (TLV) 25 rng Fm3

Status New Issue ~ate February 3 2006 Section(s) Revised NlA MSDS MOS16961061

SECTION IX PHYSICAL AND CHEMICAL PROPERTIES

Note Unless othetWise stated values in this section are determined at 20middotC (68middotF) and 760 mm Hg (1 aim)

Flash Point Not applicable Flammabilityl Explosive Limits ()

Not applicable

Auto-Ignition Temperature

Not applicable

Appearance Water white to straw yellow liquid

Physical State Liquid

Odor Pungent Molecular Weight of Pure Material

14411g1mol

pH 12 Vapor Pressure (mmHg)

Not applicable

Vapor Density (air=1)

Not applicable

Boiling Point 2223 OF

FreezinglMelting Point Not applicable

Solubility in Water Not applicable 100 soluble in water

Specific Gravity 12

Volatility Not applicable

Bulk Density 98 Ibslfemiddot 25 Sol 77DF

SECTION X STABILITY AND REACTIVITY

Chemical Stability Stable

Conditions to Avoid Avoid all heat sources

Incompatible Materials Avoid contact with metals stoneware strong acids and alkalies explosives toxicants readily oxidizable materials alkali metals combustible solids and organic peroxides

Hazardous Decomposition Products

Extreme temperatures such as a fire cause formation of highly toxic and corrosive fumes of fluorides such as SiF and HF Hydrogen gas may be fonned at temperatures above 227DF

Corrosiveness Attacks silica bearing materials metals and stoneware Hazardous Polymerization

Will not occur

Status New Issue Date February 3 2006 Section(s) Revised NA MSDS MOS16961061

SECTION XI TOXICOLOGICAL INFORMATION

Acute Oral Toxicity 430 mgkg oral-rat LD50

Acute Dermal Toxicity 140 mgkg LOLo (Frog)

Mutagenesis No data available

Target Organ No data available

Developmental Toxicity No data available

Carcinogenicity No data available

SECTION XII ECOLOGICAL INFORMATION

ECOTOXfCOLOGY No data available

SECTION XIII DISPOSAL CONSIDERATIONS

Keep in covered DOT-approved poly drums pending disposal Handle and dispose in full compliance with an applicable Intemational Federal State and Local reQulations

SECTION XIV TRANSPORT INFO

Regulatory Status None established

Proper Shipping Name Hydrofluosilicic Acid

Hazard Class Class 8 (corrosive)

Packing Group II

Identification Number UN1778

Guide Number 154

SECTION XV REGULA TORY INFORMATION

CERClA Not Regulated RCRA 26133 Not Regulated

SARA TI11E III Section 302 Not Regulated (ExemptIons at 40 CFR Pan 370 may apply for agricuIIural use or lor quantllies of less

SectIon 304 Not Regulated Section 3111312 Acute and Chronic

than 10000 pounds _lie) Section 313 Not Regulated NTP tARC OSHA Recommended for Study IARC group 3 Not regulated by OSHA

(PSM) Canada OSL and NDSL On Inventory TSCA On Inventory

Status New Issue Date February 3 2006 SectIon(s) Revised NlA MSOS MOS16961061

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS Usted as Fluorosilicic Acid CBSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUED REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMATION THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are fumished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4001shy1998

Note to (if 8IlpicBble)

Status New Issue Date February 3 2006 Section(s) Revised NlA MSDS MOS16961061

I

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS listed as Fluorosilicic Acid CaSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUEO REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMAnoN THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are furnished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4OO1shy1998

Note to __ (d 8pP1icab1ei

Status New Issue Date February 3 2006 Section(s) Revised NJA MSDS MOS16961061

DATE IIlIMIOOIYYY) nleO

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SAN ANTONIO WATER SYSTEM P O BOX 2449

SAN ANTONIO TEXAS 78298middot2449 TABULATION OF BIDS

Annual Contract for Fluoroslficic Acid (February 2 2010 through February 1 2011) 300 pmbull January 19 2010

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1 23 nominal Fluorosilicic Acid UNIT PRICE 4542

0-III 0 Z

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2 1 ea 23 nominal Fluorosilicic Acid 55 pilon drum

UNIT PRICE 630

3 Split Delivery Fee (stop charge) 227 deliveries UNIT TOTAL 11000

4 Expediated Delivery UNIT PRICE 92500

APPRO~ATETOTAL TOTAL 50000000

Tenns

Delivery Days

1 20 days

5-6 days

1

BID INVITAnONS WERE MAUD TO ANDOR PICKED UP BY

Pennco SAWS Website Napea Chemical Cobull Inc Demandstar OXl UnivarUSA

Page 11: 331 Twisted Wood Dr.coalitionforsafemeters.org/TFSDW/PENNCO_Contract_2010.pdf · At the February 2,2010, meeting of the San Antonio Water System (SAWS) Board of Trustees, you were

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 9 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

GENERAL CONDITIONS

1 This bid contains General Conditions and Specifications as well as in some areas other specific required information and material It is the bidders responsibility to be completely familiar with any and all requirements Failure to do so may result in bid being declared non-responsive

2 Any manufilcturer brand and model numbers used in these specifications are for the purpose of describing and establishing minimum requirements or level of quality standard of performance and design required and in no way intended to prohibit the bidding of other rnanufilcturers items ofequal specifications

3 The section headings or paragraph captions contained herein are for convenience of reference only and not intended to define extend or limit any provisions of this contract

4 Prices must be quoted FOB SAWS receiving agency San Antonio Texas Upon award of a contract the supplier is obligated to deliver the goods to the required destination and bears the risk of loss until delivery

5 Bids may not be conditioned on minimum deliveries The quantities shown are estimates only and are in no way binding upon SAWS Estimated quantities will be used for the purpose of evaluation SAWS may increase or decrease quantities as needed

6 Freight will be paid only when SAWS has made a request for expedited delivery

7 It will be the bidders responsibility to be completely familiar with all specifications prior to submitting bid No extra payment for the work specified will be considered Bidder must include all costs related to this bid in their unit price

8 Bidder by submitting a quote acknowledges that they have read and fully understand all requirements and take no exceptions

9 Bidder by submitting a bid hereby agrees that all SAWS requirements contained in this bid document take priority over any attached brochures literature company stated warranties andor requirements unless specifically spelled out in a separate letter titled Bid Exceptions

10 Please fill in prices make one copy for your file and submit all pages of the original bid form The Bidder shall furnish all information required by the bid fann The Bidder shall print or type hislher name and manually sign the schedule and each continuation sheet (Delete item 2a of Terms and Conditions of Invitation for Bid) Copies aDd fued bids willoot be accepted Bids can be downloaded from SAWS website at wwwwawsorg

11 Bid shall be enclosed in a sealed envelope addressed to the Purchasing Division in accordance with instructions contained herein with the name and address of bidder date and hour of bid opening and title of the bid solicitation placed on the outside of the envelope No Bids should be returned by the bid opening date with No Bid indicated on the envelope in addition to the bid number and bid opening date SAWS assumes no responsibility for bids not processed due to the fililure of the bidder to identify the envelope as a bid response

Pencco Inc Name af Bidder (Company) (print or type)

AV11aSigure af persqn authorized IIgt Sign bid

Mon1ca Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 10 No Pages 21

Item Estimated Unit Total No-__Quanti~ty~__________---Descrciption Price Amount

12 If bidder obtains bid specifications via Internet the bid must be submitted in hard copy according to the instructions contained in this bid If in its bid response bidder makes any changes whatsoever to SAWS bid specifications SAWS bid specifications as published shall controL Furthermore ifan alternation ofany kind to SAWS published bid specifications is only discovered after the contract is executed and is or is not being performed the contract is subject to immediate cancellation

13 Bidders facilities and equipment can be a determining factor in making the bid award All bidders wiD be subject to inspection of their facilities and equipment

14 All subject price lists should be submitted with this bid and shall become a part hereof However if in the opinion of the SAWS Purchasing Agent it is impractical for bidder to include published price lists as part of this bid and to furnish any price lists andor written changes as required herein bidder shall permit the Purchasing Agent or hislher authorized representatives to inspect the pertinent published price lists andor written changes in the office of the bidder or at any other location approved by the Purchasing Agent

15 By submittal of this bid bidder certifies to the best of their knowledge that all information is true and correct

16 A bid that has been opened may not be changed for the purpose ofcorrecting an error in the bid unit price

17 Bidder must submit Material Safety Data Sheets with the bid for any hazardous chemical quoted or supplied under this quote

18 SAWS will not be liable for any costs incurred by a bidder in responding to the bid request

19 Damaged goods or goods received due to error by supplier will be returned and supplier will pay freight

20 If not aliqle purchase tile qlUllltlties SboWD are estimates ollly aad are iD DO way biDdiDg DpoD SAWS Estimated quantities will be DIed tbr tile purpose of evlluation SAWS may iDcrease or decrease quantities U Deeded

21 When supplier cannot abide by terms and conditions in fulfilling the contract supplier must furnish service or goods from other sources at the contract price If supplier delays in the above SAWS reserves the right to purchase on the open market and charge supplier the difference between contract price and the purchase price

22 Bidder warrants that all deliveries under this bid will be of the type and quality herein specified SAWS may reject or refuse any delivery which falls below the quality required in the specif1C8tions and SAWS shall not be held to have accepted any delivery until after it has made an inspection of same and has had an opportunity to exercise this right of rejection

23 Bidder shall be responsible for alI charges which relate to the delivery of the goods to SAWS place ofbusiness and for the return to bidder of any goods fliected as being non-conforming under the specifications

Pencco Inc SignaIunt ~_10lion bid

Monica Avila Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONO TEXAS

FORMAL INVITATION BID (continued)

Page No 11 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

24 SAWS is the final judge ofproduct acceptability for items quoted on this bid

25 SAWS Specifications and Terms and Conditions provided with this bid document will prevail in the event of conflict with bidders

26 SAWS reserves the right to cancel this contract witb a 30 day written notice without cause

27 Termination-Breach Should vendor fail to fulfill in a timely and proper manner as determined solely by the Purchasing Director its obligations under this contract or violate any ofthe terms ofthis contract SAWS shall have tbe right to immediately terminate the contract Notice of termination shall be provided in writing to the vendor effective upon the date set forth in the notice Such termination shall not relieve the vendor of any liability to SAWS for damages snstained by virtue ofany breacb by the vendor

28 No oral statement of any person shall modify or otherwise change or affect the terms conditions or specifications stated in the resulting contract The SAWS Purchasing Division will make all change orders in writing

29 The successful bidder shall not sell assign transfer or convey this contract in whole or in part without the prior written consent of the Purchasing Division

30 The obligations of the parties hereto are performed in Bexar County Texas and if legal action is necessary to enforce same exclusive venue shall be within Bexar County Texas

31 Contractor shall defend indemnify and bold hannless SAWS from and against any liability loss cost and expense of whatsoever nature including those related to death bodily injury sickness disease andlor loss or destruction of property (including reasonable attorneys fees and costs of defense) resulting from Contractors performance of the services to the extent that such losses arise out of andor are attributed to the sole or concurrent negligence errors or omissions or strict liability of Contractor its employees Subcontractors agents or their respective employees Where liability is attributable to the joint negligence or fault ofContractor and SAWS Contractors duty of indemnification shall be limited to Contractors (and Contractors agents Subcontractors or employees) allocable share ofjoint negligence or fault

This indemnity shall be broadly construed to apply to all liability attributed to the concurrent and sole negligence ofcontractor and shall survive termination of this agreement

32 The goods or services furnished under this contract shall be covered by tbe most favorable commercial warranties given to any customer for same or similar supplies or services The implied warranties and remedies of the Universal Commercial Code are included in this procurement and shall apply to the issued purchase ordercontract

33 Prospective bidders must prove beyond any doubt to the SAWS Purchaaing Agent that they are duly qualified capable bondable etc to fulfill and abide by the specifications herein listed

Pencco Inc 5qIaItnt of ___10 sign bid

HameofB_(~) (pnntOitype)

Monica Avila Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 12 No Pages 21

Item Estimated Unit Total _N--o___O--u--a--ntity-___________Description Price Amount

34 Right to Audit (lump sum contracts) SAWS or its designated agent shall have the right to audit at any time the Contract related records and associated documents of the Contractor and Subcontractor Such right to audit shall be for the determination of the accuracy and validity of the Contractors and Subcontractors billing to SAWS and for verifying compliance with other terms and conditions of the Contract

35 Contractor and Subcontractor shall maintain aU records required to be kept by law rule or regulation or records required to document performance of the services specified in the contract documents The records shall be maintained for the period required by law for a reasonable period in the absence of the applicable law or for two (2) yesrs after completion ofall services whichever is greater Contractor shall provide to SAWS copies of such records as provided in the contract documents or as reasonably requested by SAWS after performance of the service

36 It is expressly understood and agreed by both parties hereto that SAWS is contracting with the successful bidder as an independent contractor The parties hereto understand and agree that SAWS shall not be liable for any claims which may be asserted by any third party occurring in connection with the services to be performed by the successful bidder under this contract and that the successful bidder has no authority to bind SAWS

37 The successful bidder agnes to indemnifY and hold SAWS harmless from any claim involving patent infringement or copyrights on goods supplied

38 If insurance is required the minimum insurance to be maintained shaU he in accordance with SAWS Standard IDsIUIUICe Spedtkations Bidder should submit a draft Insurance Certificate with Bid The successful bidder shall furnish a completed Certificate of Insuraoce which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage limits and terminstion provisions shown thereon Successful bidder will be required to maintain at all times during performance of the contract the insurance detailed in this bid document

Certificate of Insurance shall be filed with the System no later than 5 days after notification ofpending award of contract and before starting any work Certificates should he mailed to the Purchasing Division San Antonio Water System P O Box 2449 San Antonio Texas 78298-2449 CONTRACfORs CertHkate shan refereDce the SAWS bid Dumber at time ofsDbmittaL

39 The successful bidder shall mail invoices to the SAWS Accounts Payable Section P O Box 2449 San Antonio Texas 78298-2449 Invoices for payments and correspondence for this contract must reference the SAWS purchase order number

40 No officer or employee of SAWS shall have a financial interest direct or indirect in any contract with SAWS or shall benefit financially directly or indirectly in the sale to SAWS of any materials supplies or services except on behalf of SAWS as an officer or employee In this instance a SAWS employee is defined as any employee ofSAWS who is required to file a financial involvement report pursuant to the Citys ethics ordiuance

41 Any successful supplier required to perform any type of construction or service related work at SAWS location as a result ofthis bid or proposal must comply with all requirements shown in SAWS Health and Safety Program

Pencco Inc Name a( Bidder (CIlnIpanyI (print 0lt type) SIgnmint a( person auI1oIized lo sign bid

Monica Avila Bid Sec

SAN ANTOMO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 13 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

and Security Procedure No 2-11 Copies can be obtained from the SAWS Safety Officer at (210) 233-3616 Failure to comply with this requirement shall deem project in non-compliance and may result in immediate termination with cause

42 Suppliers employees performing work or making deliveries on SAWS property other than for a one-time drop shipment will be required to provide their employees with a photo identification badge that includes the company name no exception

43 Bid exceptions will be cause for rejection ofany bid at the sole discretion of the Purchasing Director

44 SAWS reserves the right to award this bid to more than one supplier

45 Award ofall bids and RFPs will be based on Best Value as determined by SAWS

46 In the event the San Antonio Water System Board does not appropriate tuuds for continuation of this contract for any fiscal year after the first fiscal year and it has no funds to continue this contract from other sources SAWS shall be released from its obligations under this contract

47 If a third party is used to ship mercbandise the shipping documents MUST include all SAWS Purchase Order Numbers

Pencco Inc SignaIuIe _IW_ 0 ~n bid

Monica AV11a Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVfTATlON BID (continued)

Page No 14 No Pages 21

Item Estimated Unit Total No Quantity Desaiption Price Amount

Security Requirements

Contractor shall ensure a Prime Contractor Data Form (PCDF) and a Background Saeening Letter (provided by SAWS Security) is properly completed fopound all employees performing work under this Agncment and on file with the SAWS Security Office prior to work commencement Subcontractors perfurming wort must be listed on the PCDF Contractor shan be responsible for the accuracy of information on the PCDF and fOr obtaining any and all required items (badges and parking tags) necessary to fulfilling the work under this Agreement The PCDF must be sent electronically to SCluritywoup(llIIwsorg Contractor shall advise the SAWS Project Manager of any employee terminations or changes to personnel perfurming work under this Agreement and Contractor sball immediately turn in any and all badges andor parking tags of employees who are terminated or no longer perfOrming work under this Agncment If there are any changes in the infOrmation contained in the PCDF or the Background Screening Letters Contractor shall immediately notifY the SAWS Project Manager and provide updated PCDF and Background Screening Letters with copies to securitygroup[iSllwsorg

Contractor and its employees and agents shall obtain a SAWS photo identification badge (Contractors Badge) and parking tag if necessary prior to any work on SAWS property which shall be used only fopound plllJlO5CS necessary to perfurm the work under this Agreement SAWS Badge Office bours are Monday and Friday 100 pm to 500 pm (hours are subject to change) Security Staff can be contacted at (210) 233-3760 or (210) 233-3616 A replacement fee shan be charged to replace any lost or damaged badges or parking tags As a condition of final payment Contractor shall return all badges and parking tags to the Security 0 ffice In the event Contractor fails to return all security badges and parking tags in addition to any other rights or remedies to which SAWS may be entitled at law or in equity SAWS may withhold from payment to the Contractor the sum ofS50000 dollars per badge or parking tag as liquidated damages Contractor agrees that the actual amount of damages fOr failore to return the badges andor parking tags are difficult to determine and the liquidated damages herein are not a penalty but are a reasonable estimate of the costs and expenses that may be incurred by SAWS for failure to return the badges or parking tags

Certain designated SAWS facilities Oist with SAWS Security) require a SAWS employee to physically escort Contractor at all times SAWS may in its sole discretion waive the escort requirements if the PCDF and a clean Background Screening Letter signed by an authcrized representative ofContractor are approved by SAWS Security

Subcontractors must always be under escort of the Contractor while perfOrming wort on any SAWS designated primary facility (list with SAWS Security) Subcontractors must display either a company photo badge with name or a valid driven license at all times while working on any SAWS property Contractor is solely responsible for the actions of its employees agents contractors and subcontractors

Due to changing security environments Contractor MUST be prepared fOr additional security requirements at its expense including background checks AiJy person fuund to have an unacceptable background check (as determined by SAWS review of submitted paperwork or other infurmation provided to or obtained by SAWS) will not be allowed to pertbrm work under this Agreement or on SAWS facilities Notwithatanding anything herein to the contrary any provisions in these Security Procedures that may appear to give SAWS the right to direct Contractor as to details ofdoing any work under this Agreement or to exercise a measure of control over any security measures or such work shall be deemed to mean that Contractor shall fullow the desires of SAWS in the resatD ofthe work or security measures only

Advance coordination by Contractor with SAWS Security office for these security requirements is necessary to ensure no delays with timely perfurmance of the work In the event Contractor fails to comply with SAWS Security requirements SAWS may with no penalty or claim against SAWS issue a Work Stoppage Order until the security violation (s) are remedied

PenCCD Inc Name ofBidder (~) (print or type) SiaoIIure at r$OIIJMh~ to IiIII bict

-MDn~ca Av~~a H10 Sec

~--------

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

____________F_O_RMAL_~IIMTAnON BID (continued)

Page No 15 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

IMPORTANT MAILING INSTRUCTIONS

Mark Envelope

DID NAME FLUOROSILICIC ACID

DID No 10-2088

OPENING DATE JANUARY 192010 TIME 900 AM

MAIL TO DELIVER TO

Purchasing Division Purchasing Division San Antonio Water System San Antonio Water System P O Box 2449 2800 US Hwy 281 North San Antonio Texas 78298-2449 San Antonio Texas 78212

NOTE It is the bidders responsibility to ensure that bids are received in the prescribed manner by the stated date and hour ofthe bid opening

-------------------------------------------Pencco Inc

SIIn8IIn of iIUtII_ IIgt sign bid Monica Avila Bid Sec

___

170f21

81___d _ __ tl-__1 GEJIIERAL COMDnIOMS

(a) _____ -__

~ Bktder mIIIIe ~neceuytoirlOrmhiml tharouCINtn GllhetyOl ______~lSreqJredbrtt1bid~ NopllnOfiQnOr~bwtha~of

CiCIfldIonI th or hIreIbr_ra Of (W CIIMMn on PI __ blddIw to III t-=-~~ and irwaIgiIOnIto k ewIfy deIIIl the f1II1Wlmentl Of the ccnr1lCl _ _ __ _ __W__(_S) _ CltnrtltIor

~CI aMrd d IMt conIrICt SAWS IhtI hMoe rtght to CiInCIId oniIrs upon 01 ConIJ-=- to dIIIiyenIty n in 1WGPQUf SAWS SfIM 8110 h8we ~ rigtIt to 0Idet naeriilh ~ COIJ1IIIRIbIedelSilnandqu8ltyittequtltDa~itIIClIdIIdkardIno~frclMiWIy~~nIlOchCotII forcIfknnce~ofmateriamp~

2 PREPARATION Of lIDS 81C11 be tftPIAdlftllCClOfdne ~ () TheBiddlt fumtsh 81 1nreIohdbythe tidbm TtIe bidder pitfor typIthlSfInd 1NIIIoII~tndal~1I ShIM Gnwbkttentry 1$ madre (b lNprioes betLflaiMt -rar_nIiortCII UIilprice ~

(e)(d) Where____ ~cfbull ______ and l1li kWIIIIIaft tor bid IIIppnMIcf ~ hie br~ nat so cleItoIIJIIMtd yenIIiJI rQ be ~~-_ unfeU autuiud in wi1in by U connctinDafIIJcwIlhIn ttwtt- JIiot apeMIJ

(e) 8ktders lrdincUtlildlnl_inllld tinceSAWSIltomPllVlltGf A_~~wbeUnlshed~

DIIOIIPTIOII Of IUPllElIMIt __ or ~ f1IIInncIa in-dIKIbIg ltemll~ and nat restrlclMGIifIIIrwiM -d cnyto tndc_ al(I qJIIty of lTIIIleria WMn itent ~ dffer in ~__--_ _ _ _ _d_ oonose _ _ ___

4 QUAIITfTItS 81cfid1rs laquo~~CUtng ~IIIIIffOd nclCIIIcutMItt ~ poIIyOlSAWShoMverbullbull OI~blqInoaldCCJhdlng1O tS1IItbin Oftclull~CI~_ OI IIICII1tlfIIch~wtd aan-certlln __ CIIiIIulIJIedDft dlUllliBafa~ ehttlTight~ ~ccntractperiDd_S tlIMglUCt-PWiOCtSAWStnl~dIO_ ~any(JthelllmlarfMYdIIIIte or__ _the tIld~cr~ __ Undlrlivdl cannel_ _ __ __ __ __-

tudI~pIQpOHId on bISAWS~righltobld~inSAWfr~middot bull An~bkIdIIMd_cnWllhkhilimcrtlof tidillt ~ IIIsI then bull h ITWlel ptce or tIkIderI COlt _ aID n- tiddlllr GIll OWIQII tid but crI bull ~ alae-r SAWS resene riOM to8 ita ~RtctfliUi(jtbkI~ 1f1fldl twd ~SAWS 1heCOf1htt $AW$retii8fWSto~ar aud1i1enwfnlm~tobe~ orWCllk II) be

~0f8101 ) 8IdII tnd ~ lhIIbe encllOledln~-ape ~toCoMIIdhI 0fJtCIItS- MIanIoW_ ssaem 1hI ~ bull d tiddar1he date nhcu oftid opening aruI

__(b) __hllNOfmaeialar_ tidon- CtSAWS0IAIidt_ tel ~IIIUIt alJbMllledwltNntlll_~ ftO tI)SAWS IfnolOyenedorused dIrinQ ber~upanbullbulltidOInaplfllbull ___OIII11OD11CAllOH Of 81)8

BtrtlbeIme fOr bltdtlJlWllt9the ~Of~OfIctit ~ JftDiIIIMf~rWIII1ce~lUChlllGle8 reeehoedpiorlO IImt_dIiWI Ntfar tido~ oe-wu andmodlcltanalaquo ~ receMdfm1 _tor tfdopllllllrG tJensmedunopene4

1 DIIICOlJNTS () PfIynwtt cb~ wI1 be rcnkIIrMin ng d~1Dd of dlCOILIt cPftnd 1amp StftciIRto paymenllIIIhI aUCh period in CGIntI dtluslness The I1IIIUe of ~~

8IsGbII~IC1 (b) canon Mh any ~t1IIWbull be ~flaquom ell ~ Of IampCIPIes orJehlCe laquohrfn carrea1IWCice Isrtclliilled ~ dille ~iI dttmedtobe INIdI

on1he date 01 nIIng of the cfIeeIL SElLERS 11_() __ ___ __ ___5-__- _O Nobull __ _ _

(b) lWaicallil natmdyCI-n_receiipof~orlrMJiCel~ --------EXf_ Of _AI CONTRACT SAWS rwetMI ftamp ~ flO ~ 1fIIIIPIOIII to -nd _ tonncI ___ en pettod Of men taII ON arIUtItKt alfN tems eondions bull enunwraled lit me tern and CCtIdIIona cI~tor bt amt a price f1lpriCa noIto 1IIC88d_~

10 AyenfARD OF CCraquofTRACTr) The Connctthe bIdIiIr tJld~tothe ~_bIdl1I naI toSAWS b BIdders -dngOl~ablcfis~cI andDty~ The clwd1~(1) _ __-_

(2) _SAWS-_____ _ __

(l) __in SAWlr)ldleftWlt lOwbddlJr is noI SAWS to -d he ccnnrtto the 6iddIra ltil nattbe fJlSAWS~ton-d~ on riI in bi Oller ctffIrwtCaamplnbMkPlCa tlfleit8fn SAWSreurves tWUtotUe~ tdln_Nyenift ~cfSAWS to ~fcIIIowI

(1) 1IojIIcI(2) ___ _ _

3 ~bIQft_a-tsfJI~OIhertNnpice ~ ---111 rlfbidl is _IIiIMIr n ncfIctionof 8oardtlTfUItN$ In bIddIr prceestlhe ~ rteGltlnelldIJdbythe ~Ing chiIimlhe(C) SAWS=-==--=I~mtMlnQOf8oInf_~lWIfWIgpricrto d

(d) ____SAWS __ _

11 REJICT1OIOSAWSOf (a) __ _ _

1 n1iddIr~ft MIin1idI 1M1id ____COIIfcImtothe_the~OItid

a 1hI1id II cardIonaI ~

4 _ Thltbldll~__noI SAWS _ _ _bld _ d __SAWS~

CD) SAWSIWIttWIIDNIiJCtor tIkII1O~tIIdIOI_~btSAWSto _-tand fortnIIMlaquo it ND_IIOckoMIW~cftclWorOlltMlHdWorwh_ OIIIIitrd anwhtIhor lhtllbanOlkworOI 13 == CltrOlMtGIthI _ --or 01 AftyQIII Ol ~_ blIIOf~YfIICl

(OJ ___ _____dOhOIy_--________ (II) _ UnIt_ _ bid______ W_ _ __ __-_ shy~

~In_ _~_bt_~_ I11III1110001_) A__ _____(e) _ --Ild(st- _ _- ____ - _____ __

_ _ _ ___- - --InMOy- - ----- -1 A __ _ _ _ _ ___ __~ ~ 111___ -_ _____bull_-___bull_flr___ _ ____r0IIIC0rto~ prtcellJtor fIw1IIIlIddiIr fie ~ 0fticAr ~ wfntpect fte perfIw1t~ price _or ~ In Iheolktt

104 EQUAL MIIIOvtfT 0PPCNnlIfiY All conncaln dS10OOOOOoallhft t5laquo1IIIQhWUdt() TIIIt_ _ _ TIIIt_ _ _ ____- _ shy

=~=-==== =n~-~~====r~---__ __shy(b) IpGt ItICIfthCW to SAWS bull Ind parnit __ 11) fICOIdI and _1w ~ Of to ~~ rufeJ- shy_ flAWS(c) If fourdnatlD be In ~ thenat fllIit-ot cannct tlllcaNNClny ~~ or urpendId tn laquo In part QIf1hcID (My ~trom

(d) AI iiddIraor~canncDsor~totubmlt Mdlaquo~-tn SIgnad OIIciIIIft ln Of~fIO~ u~-_~dDnaI___ _ Gn OIoJIIIrIIIgIan ~arIgi__ _ __3 __-~Acl(el Tho _Ordlr201bull _ _~~

Of1_~~farand~inCilllllMelanHUODIiaIId15 8I)8QNO

A ttId bond be ~ If SAW$~~-- ~__ tl -CIt tOIhct SAWS s1LtOOOOO rbfd bowIt II~ _mull tal ~bp Bid8ond c-otChtclaquoCatitII ChID DIi laquo~tn 01 __ hnMtft) bid I4JCGInft II) ~Snobid~

unIIultilin~IIith__ 8Gndll0Ic-1tu _1IiI___ crawt and ~--- ~ _ ___ _ __ 0 -_ SlktBondlaquo~

11 FUNOIIG __ In fie _ _ _____ ____SAWS In tNa cowact tD to HCIn or far Oller cn vwnU - to jnMdIww Md iCQnWCl copita bullbull UCC 1iIngI-d factOtInO SOWS_IO - __ assIgrwnreM

~flIMIIt~to Otin t8ed_~bJ II)YWdlrIneeolIIIIIJIcaI fthokIIr

~~

17of21

SAWS STANDARD INSURANCE SPECIFICATIONS (Specifications)

I Commencing on the date of this Contract the Contractor shall at his own expense purchase maintain and keep in force such insurance as will protect him and the San Antonio Water System (SAWS) and the City of San Antonio (the City) and their employees and agents from claims which may arise out of or result from his operations under this Contract whether such operations are by himself by any sub-contractor supplier or by anyone directly or indirectly employed by any of them or by anyone fur whose acts any of them may be liable including without limitation the following

a Worken CompensatioD (WC) insurance that will protect the Contractor SAWS and the City from claims under statutory Workers Compensation laws disability laws or such other employee benefit laws and that will fulfill the requirements of the jurisdiction in which the work is to be pertbrmed

This insurance shall be endorsed to provide a Waiver of SubrogatioD in favor of SAWS and the City with respect to both this insurance coverage and the Employen Liability (EL) insurance (as specified immediately below in section lb)

b Employen Liability (EL) insurance (Coverage B under standard Workers Compensation policy) that will protect the Contractor SAWS and the City fur damages because of bodily injury sickness disease of vendors employees apart from that imposed by Workers Compensation laws The employers liability insurance shall have minimum limits ofliability ofnot less than

$ 100000000 Bodily Injury by Accident 100000000 Bodily Injury by Disease - Each Employee 100000000 Bodily Injury by Disease - Policy Limit

c Commerdal General Liability (CGL) insurance that will protect the Contractor SAWS and the City from claims fur damages because of bodily injury personal injury sickness disease or death and insurance that wilt protect the Contractor SAWS and the City from claims fur damages to or destruction of tangible property ofothers including loss ofuse thereof

This coverage shall

bull Cover independent contractors

bull Not include any exclusions relating to blasting explosion collapse ofbuildings or damage to underground property where applicable

bull Afford coverage fur Products Liabilityandor Completed Operations and Contractual Liability

The minimum limits ofliability fur this coverage shall be

$ 100000000 Occurrence Limit 200000000 General Aggregate

180f21

100000000 ProductsCompleted Operations Aggregate 100000000 Personal and Advertising Injury

5000000 Fire Legal Liability 100000000 Contractual Liability

This insurance shall be endorsed

bull Naming SAWS and the City as an Additionallosured and

bull To provide a Waiver of Subrogation in favor ofSAWS and the City

d Comprehensive Automobile Liability (AL) insurance that will protect the Contractor SAWS and the City from claims for damages arising out ofthe maintenance operation or use of any owned non-owned or hired vehicles Minimum limits of liability for bodily injury and property damage combined shall be not less than $100000000 per each occurrence

This insurance shall be endorsed

bull Naming SAWS and the City as an Additional Insured and

bull To provide a Waiver of Subrogation in favor ofSA WS and the City

e Umbrella LiabiUty (UL) insurance in the amount ofS200000000 This policy shall be ofan Occurrence type and the limit of liability shall be concurrent with (following form) and in excess of the EL CGL and AL insurance coverage as descnbed in paragraphs lb lc and Id above

f Contractors Pollution Liability Insuraoce with limits of $1000000 per occurrencelS2000000 in the aggregate The policy shall provide claims made coverage for all claims liabilities damages costs fees and expenses of any kind or character arising out ofany Pollution Condition(s) (as defined below) that js in any way related to CONTRACTORs operations actions or inactions and completed operations associated with any work performed by Contractor its subcontractors or any of their respective employees agents representatives or officers under this Contract Coverage must be maintained for a minimum of twenty-four (24) months after the end of the Contract term or ifthe Contract js terminated fOr any reason fOr a minimum oftwentyshyfour (24) months fOllowing the date of termination The policy retroactive date will be no later than the Contract start date

Pollution Condition(s) means the djscharge dispersal release or escape of any solid liquid gaseous or thermal irritant or contaminant including but not limited to smoke sewage vaplrs soot fumes acids alkalis toxic chemicals medical waste and waste materials into or upon land the atmosphere or any watercourse or body of water including groundwater provided such conditions are not naturally present in the environment in the amounts or concentrations discovered

The Contradors Pollution Liability losurance will pay on behalf of the CONTRACTOR SAWS and the City of San Antonio all claims demands damages liabilities costs fees and expenses of any kind or character fOr bodily injury or death

190f21

property damage environmental or natural resource damage and any fines fees assessments or penalties of any kind assessed by any governmental department agency or commission that resuh from or are related to a Pollution Condition(s) Coverage will include all subcontractors hired by CONTRACIOR to perform any work under this Contract

The policy shall also include the fullowing provisions

I) Coverage fur bodily injury to include physical injury sickness disease mental anguish and emotional distress sustained by any person including death

2) All costs that are related to or that arise out of or from the investigation or adjustment of any claim or in connection with any court arbitration mediation state administrative hearing or other proceeding ofany kind including attorneys fees expert witness fees costs charges and expenses of any kind or character that arise out ofor that are related to a Pollution Condition(s)

3) Coverage shall be Primary and in addition to any other valid and collectible insurance carried by SAWS and the City of San Antonio as respects to this Contract

4) Coverage fur Natural Resource Damages and any fines fees penalties or assessments by any governmental agency commission or department related to any Pollution Condition(s)

5) Insured versus Insured exclusion if fuund in the policy shall not apply to a claim by an Insured who qualifies as a Client of the Named Insured under the policy

6) IfNon-Owned Disposal sites are used for disposal ofwastes these sites shall be specifically included under the Contractors Pollution Liability Insurance policy and

7) Coverage for punitive exemplary and multiple damages

Automobile Liability policy ofCONTRACIOR halliing QlJy quantityof fluorosilicic acid shall either be endorsed to provide coverage under the TE9948 endorsement or the Contractors Pollution Liability Insurance policy shall be endorsed to provide transportation coverage beyond the boundaries ofthe testing andor delivery site(s)

2 Contractor shall require Sub-contractors to carry insurance coverage appropriate to their scope ofWork

3 Contractor shall furnish a completed Certificate ofInsurance which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage limits and termination provisions shown thereon

4 The insurance that is required under these Specifications shall be written so that SAWS and the City will be notified in writing in the event of cancellation restrictive endorsement or nonshyrenewal at least thirty (30) days prior to such action

200[21

5 Certificates of Insurance shall be filed with the System 10 days prior to the SAWS Board of Trustees award of the Contract The SAWS Contract namelBid number shaD be included in the Description of Operations section located in the bottom half of the standard ACORD Certificate furms

Certificates shall be mailed to SAWS directly to

San Antonio Water System Attention PurchBSbtg Division P O Box 2449 San Antonio TeDs 78198-1449

Contractor shall be responsible fur obtaining Certificates of IDsunnce from the first tier Subshycontractor and upon request furnish copies to SAWS

6 Separate Certificates of Insurance shall be filed with the City ofSan Antonio] 0 days prior to the SAWS Board of Trustees award of the Contract The SAWS Contract namelBid number shaD be included in the Description of Operations section located in the bottom half of the standard ACORD Certificate furms

Certificates shall be mailed to the City ofSan Antonio directly to

City ofSan Antonio Attention Risk Management PO Box 39966 San Antonio TX 78283-3966

A copy of the certificate of insurance provided to the City of San Antonio shall be provided to SAWS at the same time

7 Contractor is responsible for all deductibles under all ofthe insurance policies reqilired by these Specifications

8 The stated limits of insurance required by these Specifications are MINIMUM ONLY and it shall be the Contractors responsibility to determine what limits are adequate and the length of time this coverage shall be maintained the insurance limits are not a limit of the Contractors liability

These minimum limits may be basic policy limits or any combination of basic limits and umbrella limits SAWS acceptance of Certificates of Insurance that in any respect do not comply with these Specifications does not release the Contractor from compliance herewith

9 Contractor agrees that an insurance policies required bYthese Specifications shall be with insurance companies firms or entities that have an AM Best rating of A- (A- minus) and a Financial Size Category rating of a VII or better All insurance policies shall be of an Occurrence type except the Contractors Pollution Liability line ofcoverage

210f21

10 SURVIVAL

Any and all representations conditions and warranties made by Contractor under this Contract including without limitation the provisions ofSection lb ie and Id ofthese Insurance Specifications are ofthe essence ofthis Contract and shall survive the execution and delivery of it and all stalernents contained in any document required by SAWS whether delivered at the time ofthe execution or al a later dale shall constitute representations and warranties hereunder

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PENCCO INC Pioneer Engineering Chemical Company

AFFIDAVIT OF COMPLIANCE

This is to certify that the Hydrofluorosilicic Acid supplied by our company meets A WWA Standard B703-00 or the latest revision and is certified to NSFANSI Standard NSF-60

Signature shy

R L Home President

Name and Title ofOfficial

142010

Date

PO BOX 600 bull SAN FELIPE TX 11473

PHONE 919-885-0005 bull 800-864-174~ bull FAX 979-885-3208

INPOPENCCOCON

NSF Certified Products - Public Water Supply Treatment Chemicals Page lof2

NSF

NSF Product and Service Listings

These Listings were Last Updated on Thursday Janulry 14 Z010 at 415 AM Eastern Time Please contact NSF International to confirm the status ofany Listing report errors or make suggestions

Wami NSF is COIIccncd abot fradu 1 d-loIIdilll d iplaUolI ofwcbsik tOIl Ifyou havo relaquorod Ihis listiar in lIrd copy ys rorafirm tllis ccrtlflcatleDilistlac Infonnlion lIy COilli diretlly to hHnllmywnrforclCertlfOCllP1Ch_ibullbullblListilAlpfCOIIIQlnyNme-peDccoamp for tho latest most eatntl ifonnatlon

NSFANSI STANDARD 60 Drinking Water Treatment Chemicalsmiddot Health Effects

----------~-----~

PENCCO INC PO BOX 600 SAN FELIPE TX 77473 800-864-1742 979-885-0005

Facility DISTRIBUTION CENTER - RICHMOND CA

Hydrofluosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid

Product Function Fluoridation Fluoridation

Max Use 6mgIL 6mgIL

Hydrofluosilicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - SOUTH GATE CA

HydrofluosUicir Acid Trade Designation Product FlUlCtion Max Use Fluorosilicic Acid Fluoridation 6mgIL Fluosilicic Acid Fluoridation 6mgIL Hydrofluosiiicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - WILLOW SPRINGS IL

Hydroftuosllicir Arid Trade Designation Product Fll1ICtion Max Use Fluorosilicic Acid Fluoridation 6mgIL F1uosilicic Acid Fluoridation 6mgIL Hydrofluosilicic Acid Fluoridation 6mgIL

httpwwwnsforglCertifiedlPwsChemicalslListingsaspCompanyName=pencooampTrade111412010

NSF Certified Products - Public Water Supply Treatment Chemicals Page 20f2

Facility D1STRI BUTION CENTER - BALTIMORE MD

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Facility DISTRIBUTION CENTER

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Product Function Fluoridation Fluoridation Fluoridation

SEALY TX

Product Function Fluoridation Fluoridation Fluoridation

Facility DISTRIBUTION CENTER - WAXAHACHIE TX

Hydrofluosilicic Acid Trade Designation FLUOROSILICIC ACID FLUOSJLlCJC ACID HYDROFLUOROSILlCJC ACID HYDROFLUOSILICIC ACID

Product Function Fluoridation Fluoridation Fluoridation Fluoridation

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL 6mgIL

Number ofmBlching Muufactun1ll is 1 Number ofmalching Products is 19 Processing time was 0 seconds

bull Search Listings bull NewsRoom I bull AboutNSF I bull ampnm I bull NSF Marl I bull Client Log-In

bull Privacy Poliey bull SiteMap I bull Reguest Info I bull Contact Us I bull Copyright C 2004 NSF International

httpwwwnsforglCertifiedlPwsChemicalslListingsaspCompanyName=penccoampTrade114120 10

PENCCO INC Pioneer Engineering Chemical Company

HydrofluorosiIicic Acid Bid QAlQC Info

Pencco meets AWWA Standards and is NSF Certified

Hydrofluorosilicic acid also known as HFS or FSA is a transparent colorless (water white to straw yellow) aqueous solution that is used in a variety of applications including the major end-use water treatment for fluoridation FSA is produced during the concentration of phosphoric acid in an evaporation process unique to the phosphate industry The vapor stream from the phosphoric acid reaction is scrubbed with water to form FSA from the naturally-occurring silica acid The final product is collected stored and tested prior to release for shipment Potential danger of contamination is minimized through compliance with NSF 60 NSF 60 typically checks sourlt)e product and any subsequent transfer before unloading into customer tanks

infopenccoCGm PO Bo 600 S Felipe Tens 77473-0600 9791885-0005 FAX 979f88S310ll

Refer FL-J43 September 2000

THE MANUFACTURE OF THE FLUORIDE CHEMICALS

All ofthe fluoride chemicals used in the US for water fluoridation sodium fluoride sodium fluorosilicate and fluorosilicic acid are useful byproducts of the phosphate fertilizer industry The manufacturing process produces two byproducts (I) a solid calcium sulfate (sheetrock CaS04) and (2) the gases hydrofluoric acid (HF) and silicon tetrafluoride (SiF4) A simplified explanation of the manufacturing process follows Apatite rock a calcium mineral found in central Florida is ground up and treated with sulfuric acid producing phosphoric acid and the two byproducts calcium sulfate and the two gas emissions These gases are captured by product recovery units (scrubbers) and condensed into 23 fluorosilicic acid Sodium fluoride and sodium fluorosilicate are made from this acid

The question of toxicity purity and risk to humans from the addition of fluoride chemicals to the drinking water sometimes arises Almost all of the over 40 water treatment chemicals that may be used at the water plant are toxic to humans in their concentrated form eg chlorine gas and the fluoride chemicals are no exception Added to the drinking water in very small amounts the fluoride chemicals dissociate virtually J 00 into their various components (ions) and are very stable safe and non-toxic

Opponents of water fluoridation have argued that the silicofluorides do not completely dissociate under conditions ofnormal water treatment and thus may cause health problems To counter these claims the basic chemistry of this dissociation has been carefully reviewed Scientists at the US Environmental Protection Agency (EPA) and CDC epidemiologists have examined the research that opponents of water fluoridation cite Both groups have concluded that these charges are not credible

The claim is sometimes made that no health studies exist on the silicofluoride chemicals used in water fluoridation That is correct We the scientific community do not study health effects of concentrated chemicals as put into water we study the health effects ofthe treated water Le what those chemicals become fluoride ion silicates and the hydrogen ion The health effects of fluoride have been analyzed by literally thousands of studies over SO years and have been found to be safe and effective in reducing tooth decay The EPA has not set any Maximum Contaminant Level (MCL) for the silicates as there is no known health concerns for them at the low concentrations found in drinking water Of course the measurement ofthe pH of the water determines the concentration of the hydrogen ion

Concern has been raised about the impurities in the fluoride chemicals The American Water Works Association (A WWA) a well-respected water supply industry association sets standards for all chemicals used in the water treatment plant including fluoride chemicals The A WWA standards are ANSJJ A WWA B701-99 (sodium fluoride) ANSJJ A WWA B702-99 (sodium

fluorosilicate) and ANSIIAWWA B703-00 (fluorosilicic acid) The National Sanitation Foundation (NSF) also sets standards and does product certification for products used in the water industry including fluoride chemicals ANSINSF Standard 60 sets standards for purity and provides testing and certification for the fluoride chemicals Standard 60 was developed by NSF and a consortium of associations including the A WWA and the American National Standards Institute (ANSI) This standard provides for product quality and safety assurance to prevent the addition of harmful levels of contaminants from water treatment chemicals More than 40 states have laws or regulations requiring product compliance with Standard 60 NSF tests the fluoride chemicals for the II regulated metal compounds that have an EPA MCL In order for a product [for example fluorosilicic acid] to meet certification standards regulated metal contaminants must be present at the tap [in the home] at a concentration ofless than ten percent of the MCL when added to drinking water at the recommended maximum use level The EPA has not set any MCL for the silicates as there is no known health concerns but Standard 60 has a Maximum Allowable Level (MAL) of 16 mgIL for sodium silicates as corrosion control agents primarily for turbidity reasons NSF tests have shown the silicates in the water samples from public water systems to be well below these levels

Arsenic according to NSF tests had an average of043 ugIL [parts per billion] in the drinking water attributable to the fluoride chemical Opflow a monthly magazine from the A WWA has found the arsenic level in the finished water from the fluorosilicic acid to be 0245 ugIL [OpflowVol 26 No 10October 2000] The NSF Standard 60 has a Maximum Allowable Level (MAL) of25 ugIL and EPA has a MCL of 50 ugIL although they have proposed to lower their MCL to 5 ugIL As you can see arsenic is less that III Oth ofeven the proposed EPA MCL Finally tests by NSF and other independent testing laboratories have shown no detectable levels

of radionuclides in product samples of fluoride chemicals There is no evidence that any of the known impurities in the fluoride chemicals have failed to meet any of these standards Opponents ofwater fluoridation have sometimes charged that industrial grade fluoride chemicals are used at the water plant instead ofpharmaceutical grade chemicals All the standards of AWWA ANSI and NSF apply to these industrial grade fluoride chemicals to ensure they are safe Phannaceutical grade fluoride compounds are not appropriate for water fluoridation they are used in the formulation of prescription drugs

Finally it is sometimes alleged that the fluoride from natural sources like calcium fluoride is better than fluorides added artificially such as from the fluoride chemicals presently used There is no difference There is no reason to change the opinion of CDC that water fluoridation is safe and effective

Thomas O Reeves PE National Fluoridation Engineer Program Services Branch Division ofOm] Health National Center for Chronic Disease Prevention and Health Promotion Centers for Disease Control and Prevention

2

8813 US Highway 41 South Riverview Florida 33569

EMERGENCY TELEPHONEmiddot CHEMTREC 1-800-424-9300

SECTION I PRODUCT INFORMATION

TRADE NAME Hydrofluosilicic Acid

CHEMICAL NAME I Hydrofluosilicic Acid

CAS NUMBER

CHEMICAL FAMILY

SYNONYMS

PRIMARY USE

SECTION II

FORMULA

COMPOSITION

SECTION III EMERGENCY OVERVIEW

16961-83-4

I norganic Fluorides

FluorosHicic Acid Hexafluosilicic Acid HFS FSA Auoridation of drinking water

COMPOSITION INFORMATION ON INGREDIENTS

H2SiF6

Hydrofluosilicic Acid 120-25

water 175-80

HAZARD IDENTIFICATION Large doses can cause nausea vomiting diarrhea abdominal buming and cramp-like pains Circulatory respiratory neNOUS complaints and skin rashes may occur Liquid

Health Hazards or vapor also causes severe irritation and bums Which will not be immediately apparent It also causes severe irritation to the lungs nose and throat If swallowed it can cause severe damage to throat and stomach

Physical Hazards Not applicable

Physical Form liquid

Appearance water White to straw yellow liquid

Odor Pungent

Toxicity Not identified as toxic by OSHA

NFPA HAZARD CLASS ~HAZARD CLAS Health 3

I Flammability 0

Instability Special Hazard 1

FlammabHity 1

Physical 2Hanrd

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOSt MOS16961061

POTENTiAl HEALTH EFFECTS

Acute - I Titant Chronic - Degenerative changes in the liver Fluorosis

POTENTIAl ENVIRONMENTAl EFFECTS

None listed

SECTION IV FIRST AID MEASURES

FIRST AID PROCEDURES

Eyes Invnediately flush with plenty of water for at least 15 minutes Get medical attention invnediately

Skin

Invnediately flush with plenty of water Remove contaminated clothing Discard contaminated clothing properly Get medical attention if irritation occurs or persists

Inhated Move to fresh air Administer oxygen Treat symptomatically Get medical attention promptly

Ingestion Give large quantities of water to patient if conscious 00 Not induca vomiting Seek medical attention promptly

NOTE TO PHYSICIAN Not applicable

SECTION V FIRE FIGHTING MEASURES

Flammable Properties

Flash Point Not applicable

Flammability Not applicable

LEUUEL Not applicable

Auto-Ignition Temperature

Not applicable

Extinguishing Media Small fires Water spray foam dry chemical or CO2

Large fires Water spray fog or foam

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOS MOS16961061

Wear selfcontained breathing apparatus with full protective clothing

Protection of Firefighters

Dangerous when heated to decomposition highly toxic and corrosive fumes of fluorides are emitted Will react with water or steam to produce toxic and COITOSive fumes May generate hydrogen in contact with some metals

SECTION VI

RESPONSE TECHNIQUES

ACCIDENTAL RELEASE MEASURES Small spills Contain spill and stop leak if it can be done without risk Use sodium carbonate or a mixture of soda ash and slaked lime sand or noncombustible absorbent material to soak up material Place in DOTmiddotapproved poly container and dispose of properly

Large spills Use same procedure as above Isolate spill area and deny entry Prevent discharge into waterways and sewers Material may be neutralized with sodium carbonate or a mixture of soda ash and slaked lime Contact proper local state or federal regulatory agencies to ascertain proper disposal techniques and procedures

All waste to be collected in a DOTmiddot IPOlY drum for disposal

= SECTION VII

HANDLING

HANDLING AND STORAGE

Avoid contact with eyes skin and clothing Wash thoroughly after handling Maintain proper hygiene practices when handling this product

STORAGE Use DOT-approved poly drum for storage

SECTION VIII EXPOSURE CONTROLS I PERSONAL PROTECTION

ENGINEERING CONTROLS

Eye wash and shaNer stations should be available where acid is being handled

PERSONAl PROTECTIVE EQUIPMENT (PPE)

EyelFace

Skin

Respiratory

Splash proof goggles and fullmiddotface shield should be worn at all times Acid proof gloves headgear protective shoes and clothing should be worn to Drevent contact Use respiratory for 20ppm or less concentration Use a self-contained breathing apparatus for concentrations of greater than 2Oppm

Other None

GENERAL HYGIENE CONSIDERA nONS

Avoid breathing fumes Avoid ingestion Wash thoroughly after handling Avoid contact with eyes or skin Use in adequate ventilation

EXPOSURE GUIDELINES

OSHA Permissible Exposure Limits (PEL) 25mgFm3

ACGIH Threshold Limit Value (TLV) 25 rng Fm3

Status New Issue ~ate February 3 2006 Section(s) Revised NlA MSDS MOS16961061

SECTION IX PHYSICAL AND CHEMICAL PROPERTIES

Note Unless othetWise stated values in this section are determined at 20middotC (68middotF) and 760 mm Hg (1 aim)

Flash Point Not applicable Flammabilityl Explosive Limits ()

Not applicable

Auto-Ignition Temperature

Not applicable

Appearance Water white to straw yellow liquid

Physical State Liquid

Odor Pungent Molecular Weight of Pure Material

14411g1mol

pH 12 Vapor Pressure (mmHg)

Not applicable

Vapor Density (air=1)

Not applicable

Boiling Point 2223 OF

FreezinglMelting Point Not applicable

Solubility in Water Not applicable 100 soluble in water

Specific Gravity 12

Volatility Not applicable

Bulk Density 98 Ibslfemiddot 25 Sol 77DF

SECTION X STABILITY AND REACTIVITY

Chemical Stability Stable

Conditions to Avoid Avoid all heat sources

Incompatible Materials Avoid contact with metals stoneware strong acids and alkalies explosives toxicants readily oxidizable materials alkali metals combustible solids and organic peroxides

Hazardous Decomposition Products

Extreme temperatures such as a fire cause formation of highly toxic and corrosive fumes of fluorides such as SiF and HF Hydrogen gas may be fonned at temperatures above 227DF

Corrosiveness Attacks silica bearing materials metals and stoneware Hazardous Polymerization

Will not occur

Status New Issue Date February 3 2006 Section(s) Revised NA MSDS MOS16961061

SECTION XI TOXICOLOGICAL INFORMATION

Acute Oral Toxicity 430 mgkg oral-rat LD50

Acute Dermal Toxicity 140 mgkg LOLo (Frog)

Mutagenesis No data available

Target Organ No data available

Developmental Toxicity No data available

Carcinogenicity No data available

SECTION XII ECOLOGICAL INFORMATION

ECOTOXfCOLOGY No data available

SECTION XIII DISPOSAL CONSIDERATIONS

Keep in covered DOT-approved poly drums pending disposal Handle and dispose in full compliance with an applicable Intemational Federal State and Local reQulations

SECTION XIV TRANSPORT INFO

Regulatory Status None established

Proper Shipping Name Hydrofluosilicic Acid

Hazard Class Class 8 (corrosive)

Packing Group II

Identification Number UN1778

Guide Number 154

SECTION XV REGULA TORY INFORMATION

CERClA Not Regulated RCRA 26133 Not Regulated

SARA TI11E III Section 302 Not Regulated (ExemptIons at 40 CFR Pan 370 may apply for agricuIIural use or lor quantllies of less

SectIon 304 Not Regulated Section 3111312 Acute and Chronic

than 10000 pounds _lie) Section 313 Not Regulated NTP tARC OSHA Recommended for Study IARC group 3 Not regulated by OSHA

(PSM) Canada OSL and NDSL On Inventory TSCA On Inventory

Status New Issue Date February 3 2006 SectIon(s) Revised NlA MSOS MOS16961061

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS Usted as Fluorosilicic Acid CBSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUED REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMATION THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are fumished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4001shy1998

Note to (if 8IlpicBble)

Status New Issue Date February 3 2006 Section(s) Revised NlA MSDS MOS16961061

I

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS listed as Fluorosilicic Acid CaSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUEO REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMAnoN THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are furnished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4OO1shy1998

Note to __ (d 8pP1icab1ei

Status New Issue Date February 3 2006 Section(s) Revised NJA MSDS MOS16961061

DATE IIlIMIOOIYYY) nleO

IROOIJ(EII 1-113-623-2330

ACORD CERTIFICATE OF LIABILITY INSURANCE I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERllFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR

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OESCtttPT1ONOFOPERATtOIISlOCAtatSVEHlCLBEXCLUSIOtfS ADDED BYCFL EItENT1SfECW PROVISIONS All policy t~ COD4itione ltaittiaa ampad ezclu8iCD8 apply II Aotonio ter ly8t_ b -I 44itioDampl b bullurlld CD the general liability __l1e policibullbull required lty written CODtract

CERTIFICATE HOLDER

_ Antonio t ly8t_ CO Bbia IlPO

It 0 Box 257 Rf 107-1U4-C08-1D71

IIHOUUgtNIt OF ___ IOUCE$III cuocauDlIIFOREntE DPlRATIOII

DAn _ ntE ___~__ TOIIAII 3D DAl1S WNmII

_TO_ CERllFlCAn -oER- TO _ UFT FALlIIE TO DO 110 lIIWL _110 _TfON DR lMKITY OF NIt 1aN0 _ ntE _ IJS _ DR

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~l9~ ACORD 25 (2001108)~~ OACORDCORPORAnON1~

IMPORTANT

If the certifICate holder is an ADDITIONAl INSURED the poUcy(ies) must be endorsed A statement on this certificate does nol confer rights to the certifICate holder in lieu of such endorsement(s)

If SUBROGATION IS WAIVED subject to the teons and conditions of the poHcy certain policies may require an endorsement A statement on this certificate does not OJOfer rights to the certificate holder in lieu of such endorsement(s)

DISCLAIMER

The Certificate of Insurance on the reverse side of this foon does not constitute a contract between the issuing insurer(s) authorized representative or producer and the certificate holder nor does it affinnatively or negatively amend extend or alter the coverage alforded by the policies listed thereon

ACORD 25 (2001108)

SUPPLEMENT TO CERTIFICATE OF INSURANCE I DATE 11180

NAME 01 INSURED PCCO Inc

Addii2Jg1 Ducllio II 00eta1ionslRemafks 1m PWl 1middot

Adcionallnfulmatlon

Ihldornt Pora if Applicable

General Liability

IBOOVBPICOOl Blapkat Additioaal ImIurecl ~ OvDer8yen Le or CODtractor8 a reqlird by

writtaD contract

IB COY BUC 001 Blanket Wiy~ of SUbrogation bullbull required by writtall contraot 4

Auto Liability

ADDL-ZKS-B 0600 Blanket Additional InltureltS a riOqUieltS by _1 U contract

IIAIVlIlI-B ono Blkt WaiT of Subrogation rOqU1reltS by _itten _tract

SUPP (05104)

--

p2Oct 16 09 1212p LARRY YORK 2814466447

-OAte ~Actt CERTIACATE OF INSURANCE 00 t~~m~py~I~HOLDERmiicRTiFiCAn

YORK INSURANCE AGENCY DOES NOT AllliiMO EICTIDIO OR ALTER THE COVERAGE FfOADEO BY TIll POIJCIE8 8IlOWPO BOX 3861

HUMBLE TEXAS 77338 COMPANIES AFFORDING COVERAGE

= A TEXAS MUTUAL INSURANCE COMPANY

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8HDOUI AHt Of _ ~ DEIIIICMEO POCtCfU e ~ IJIiIOCIIE TIll __ DATE _ _ ISSUIHG ClOMPAHY __ TO~

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SAN ANTONIO WATER SYSTEM P O BOX 2449

SAN ANTONIO TEXAS 78298middot2449 TABULATION OF BIDS

Annual Contract for Fluoroslficic Acid (February 2 2010 through February 1 2011) 300 pmbull January 19 2010

IlpoundSOlPnON ANOAPPIOlOMATE QUANlTN

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1 23 nominal Fluorosilicic Acid UNIT PRICE 4542

0-III 0 Z

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~

2 1 ea 23 nominal Fluorosilicic Acid 55 pilon drum

UNIT PRICE 630

3 Split Delivery Fee (stop charge) 227 deliveries UNIT TOTAL 11000

4 Expediated Delivery UNIT PRICE 92500

APPRO~ATETOTAL TOTAL 50000000

Tenns

Delivery Days

1 20 days

5-6 days

1

BID INVITAnONS WERE MAUD TO ANDOR PICKED UP BY

Pennco SAWS Website Napea Chemical Cobull Inc Demandstar OXl UnivarUSA

Page 12: 331 Twisted Wood Dr.coalitionforsafemeters.org/TFSDW/PENNCO_Contract_2010.pdf · At the February 2,2010, meeting of the San Antonio Water System (SAWS) Board of Trustees, you were

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 10 No Pages 21

Item Estimated Unit Total No-__Quanti~ty~__________---Descrciption Price Amount

12 If bidder obtains bid specifications via Internet the bid must be submitted in hard copy according to the instructions contained in this bid If in its bid response bidder makes any changes whatsoever to SAWS bid specifications SAWS bid specifications as published shall controL Furthermore ifan alternation ofany kind to SAWS published bid specifications is only discovered after the contract is executed and is or is not being performed the contract is subject to immediate cancellation

13 Bidders facilities and equipment can be a determining factor in making the bid award All bidders wiD be subject to inspection of their facilities and equipment

14 All subject price lists should be submitted with this bid and shall become a part hereof However if in the opinion of the SAWS Purchasing Agent it is impractical for bidder to include published price lists as part of this bid and to furnish any price lists andor written changes as required herein bidder shall permit the Purchasing Agent or hislher authorized representatives to inspect the pertinent published price lists andor written changes in the office of the bidder or at any other location approved by the Purchasing Agent

15 By submittal of this bid bidder certifies to the best of their knowledge that all information is true and correct

16 A bid that has been opened may not be changed for the purpose ofcorrecting an error in the bid unit price

17 Bidder must submit Material Safety Data Sheets with the bid for any hazardous chemical quoted or supplied under this quote

18 SAWS will not be liable for any costs incurred by a bidder in responding to the bid request

19 Damaged goods or goods received due to error by supplier will be returned and supplier will pay freight

20 If not aliqle purchase tile qlUllltlties SboWD are estimates ollly aad are iD DO way biDdiDg DpoD SAWS Estimated quantities will be DIed tbr tile purpose of evlluation SAWS may iDcrease or decrease quantities U Deeded

21 When supplier cannot abide by terms and conditions in fulfilling the contract supplier must furnish service or goods from other sources at the contract price If supplier delays in the above SAWS reserves the right to purchase on the open market and charge supplier the difference between contract price and the purchase price

22 Bidder warrants that all deliveries under this bid will be of the type and quality herein specified SAWS may reject or refuse any delivery which falls below the quality required in the specif1C8tions and SAWS shall not be held to have accepted any delivery until after it has made an inspection of same and has had an opportunity to exercise this right of rejection

23 Bidder shall be responsible for alI charges which relate to the delivery of the goods to SAWS place ofbusiness and for the return to bidder of any goods fliected as being non-conforming under the specifications

Pencco Inc SignaIunt ~_10lion bid

Monica Avila Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONO TEXAS

FORMAL INVITATION BID (continued)

Page No 11 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

24 SAWS is the final judge ofproduct acceptability for items quoted on this bid

25 SAWS Specifications and Terms and Conditions provided with this bid document will prevail in the event of conflict with bidders

26 SAWS reserves the right to cancel this contract witb a 30 day written notice without cause

27 Termination-Breach Should vendor fail to fulfill in a timely and proper manner as determined solely by the Purchasing Director its obligations under this contract or violate any ofthe terms ofthis contract SAWS shall have tbe right to immediately terminate the contract Notice of termination shall be provided in writing to the vendor effective upon the date set forth in the notice Such termination shall not relieve the vendor of any liability to SAWS for damages snstained by virtue ofany breacb by the vendor

28 No oral statement of any person shall modify or otherwise change or affect the terms conditions or specifications stated in the resulting contract The SAWS Purchasing Division will make all change orders in writing

29 The successful bidder shall not sell assign transfer or convey this contract in whole or in part without the prior written consent of the Purchasing Division

30 The obligations of the parties hereto are performed in Bexar County Texas and if legal action is necessary to enforce same exclusive venue shall be within Bexar County Texas

31 Contractor shall defend indemnify and bold hannless SAWS from and against any liability loss cost and expense of whatsoever nature including those related to death bodily injury sickness disease andlor loss or destruction of property (including reasonable attorneys fees and costs of defense) resulting from Contractors performance of the services to the extent that such losses arise out of andor are attributed to the sole or concurrent negligence errors or omissions or strict liability of Contractor its employees Subcontractors agents or their respective employees Where liability is attributable to the joint negligence or fault ofContractor and SAWS Contractors duty of indemnification shall be limited to Contractors (and Contractors agents Subcontractors or employees) allocable share ofjoint negligence or fault

This indemnity shall be broadly construed to apply to all liability attributed to the concurrent and sole negligence ofcontractor and shall survive termination of this agreement

32 The goods or services furnished under this contract shall be covered by tbe most favorable commercial warranties given to any customer for same or similar supplies or services The implied warranties and remedies of the Universal Commercial Code are included in this procurement and shall apply to the issued purchase ordercontract

33 Prospective bidders must prove beyond any doubt to the SAWS Purchaaing Agent that they are duly qualified capable bondable etc to fulfill and abide by the specifications herein listed

Pencco Inc 5qIaItnt of ___10 sign bid

HameofB_(~) (pnntOitype)

Monica Avila Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 12 No Pages 21

Item Estimated Unit Total _N--o___O--u--a--ntity-___________Description Price Amount

34 Right to Audit (lump sum contracts) SAWS or its designated agent shall have the right to audit at any time the Contract related records and associated documents of the Contractor and Subcontractor Such right to audit shall be for the determination of the accuracy and validity of the Contractors and Subcontractors billing to SAWS and for verifying compliance with other terms and conditions of the Contract

35 Contractor and Subcontractor shall maintain aU records required to be kept by law rule or regulation or records required to document performance of the services specified in the contract documents The records shall be maintained for the period required by law for a reasonable period in the absence of the applicable law or for two (2) yesrs after completion ofall services whichever is greater Contractor shall provide to SAWS copies of such records as provided in the contract documents or as reasonably requested by SAWS after performance of the service

36 It is expressly understood and agreed by both parties hereto that SAWS is contracting with the successful bidder as an independent contractor The parties hereto understand and agree that SAWS shall not be liable for any claims which may be asserted by any third party occurring in connection with the services to be performed by the successful bidder under this contract and that the successful bidder has no authority to bind SAWS

37 The successful bidder agnes to indemnifY and hold SAWS harmless from any claim involving patent infringement or copyrights on goods supplied

38 If insurance is required the minimum insurance to be maintained shaU he in accordance with SAWS Standard IDsIUIUICe Spedtkations Bidder should submit a draft Insurance Certificate with Bid The successful bidder shall furnish a completed Certificate of Insuraoce which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage limits and terminstion provisions shown thereon Successful bidder will be required to maintain at all times during performance of the contract the insurance detailed in this bid document

Certificate of Insurance shall be filed with the System no later than 5 days after notification ofpending award of contract and before starting any work Certificates should he mailed to the Purchasing Division San Antonio Water System P O Box 2449 San Antonio Texas 78298-2449 CONTRACfORs CertHkate shan refereDce the SAWS bid Dumber at time ofsDbmittaL

39 The successful bidder shall mail invoices to the SAWS Accounts Payable Section P O Box 2449 San Antonio Texas 78298-2449 Invoices for payments and correspondence for this contract must reference the SAWS purchase order number

40 No officer or employee of SAWS shall have a financial interest direct or indirect in any contract with SAWS or shall benefit financially directly or indirectly in the sale to SAWS of any materials supplies or services except on behalf of SAWS as an officer or employee In this instance a SAWS employee is defined as any employee ofSAWS who is required to file a financial involvement report pursuant to the Citys ethics ordiuance

41 Any successful supplier required to perform any type of construction or service related work at SAWS location as a result ofthis bid or proposal must comply with all requirements shown in SAWS Health and Safety Program

Pencco Inc Name a( Bidder (CIlnIpanyI (print 0lt type) SIgnmint a( person auI1oIized lo sign bid

Monica Avila Bid Sec

SAN ANTOMO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 13 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

and Security Procedure No 2-11 Copies can be obtained from the SAWS Safety Officer at (210) 233-3616 Failure to comply with this requirement shall deem project in non-compliance and may result in immediate termination with cause

42 Suppliers employees performing work or making deliveries on SAWS property other than for a one-time drop shipment will be required to provide their employees with a photo identification badge that includes the company name no exception

43 Bid exceptions will be cause for rejection ofany bid at the sole discretion of the Purchasing Director

44 SAWS reserves the right to award this bid to more than one supplier

45 Award ofall bids and RFPs will be based on Best Value as determined by SAWS

46 In the event the San Antonio Water System Board does not appropriate tuuds for continuation of this contract for any fiscal year after the first fiscal year and it has no funds to continue this contract from other sources SAWS shall be released from its obligations under this contract

47 If a third party is used to ship mercbandise the shipping documents MUST include all SAWS Purchase Order Numbers

Pencco Inc SignaIuIe _IW_ 0 ~n bid

Monica AV11a Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVfTATlON BID (continued)

Page No 14 No Pages 21

Item Estimated Unit Total No Quantity Desaiption Price Amount

Security Requirements

Contractor shall ensure a Prime Contractor Data Form (PCDF) and a Background Saeening Letter (provided by SAWS Security) is properly completed fopound all employees performing work under this Agncment and on file with the SAWS Security Office prior to work commencement Subcontractors perfurming wort must be listed on the PCDF Contractor shan be responsible for the accuracy of information on the PCDF and fOr obtaining any and all required items (badges and parking tags) necessary to fulfilling the work under this Agreement The PCDF must be sent electronically to SCluritywoup(llIIwsorg Contractor shall advise the SAWS Project Manager of any employee terminations or changes to personnel perfurming work under this Agreement and Contractor sball immediately turn in any and all badges andor parking tags of employees who are terminated or no longer perfOrming work under this Agncment If there are any changes in the infOrmation contained in the PCDF or the Background Screening Letters Contractor shall immediately notifY the SAWS Project Manager and provide updated PCDF and Background Screening Letters with copies to securitygroup[iSllwsorg

Contractor and its employees and agents shall obtain a SAWS photo identification badge (Contractors Badge) and parking tag if necessary prior to any work on SAWS property which shall be used only fopound plllJlO5CS necessary to perfurm the work under this Agreement SAWS Badge Office bours are Monday and Friday 100 pm to 500 pm (hours are subject to change) Security Staff can be contacted at (210) 233-3760 or (210) 233-3616 A replacement fee shan be charged to replace any lost or damaged badges or parking tags As a condition of final payment Contractor shall return all badges and parking tags to the Security 0 ffice In the event Contractor fails to return all security badges and parking tags in addition to any other rights or remedies to which SAWS may be entitled at law or in equity SAWS may withhold from payment to the Contractor the sum ofS50000 dollars per badge or parking tag as liquidated damages Contractor agrees that the actual amount of damages fOr failore to return the badges andor parking tags are difficult to determine and the liquidated damages herein are not a penalty but are a reasonable estimate of the costs and expenses that may be incurred by SAWS for failure to return the badges or parking tags

Certain designated SAWS facilities Oist with SAWS Security) require a SAWS employee to physically escort Contractor at all times SAWS may in its sole discretion waive the escort requirements if the PCDF and a clean Background Screening Letter signed by an authcrized representative ofContractor are approved by SAWS Security

Subcontractors must always be under escort of the Contractor while perfOrming wort on any SAWS designated primary facility (list with SAWS Security) Subcontractors must display either a company photo badge with name or a valid driven license at all times while working on any SAWS property Contractor is solely responsible for the actions of its employees agents contractors and subcontractors

Due to changing security environments Contractor MUST be prepared fOr additional security requirements at its expense including background checks AiJy person fuund to have an unacceptable background check (as determined by SAWS review of submitted paperwork or other infurmation provided to or obtained by SAWS) will not be allowed to pertbrm work under this Agreement or on SAWS facilities Notwithatanding anything herein to the contrary any provisions in these Security Procedures that may appear to give SAWS the right to direct Contractor as to details ofdoing any work under this Agreement or to exercise a measure of control over any security measures or such work shall be deemed to mean that Contractor shall fullow the desires of SAWS in the resatD ofthe work or security measures only

Advance coordination by Contractor with SAWS Security office for these security requirements is necessary to ensure no delays with timely perfurmance of the work In the event Contractor fails to comply with SAWS Security requirements SAWS may with no penalty or claim against SAWS issue a Work Stoppage Order until the security violation (s) are remedied

PenCCD Inc Name ofBidder (~) (print or type) SiaoIIure at r$OIIJMh~ to IiIII bict

-MDn~ca Av~~a H10 Sec

~--------

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

____________F_O_RMAL_~IIMTAnON BID (continued)

Page No 15 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

IMPORTANT MAILING INSTRUCTIONS

Mark Envelope

DID NAME FLUOROSILICIC ACID

DID No 10-2088

OPENING DATE JANUARY 192010 TIME 900 AM

MAIL TO DELIVER TO

Purchasing Division Purchasing Division San Antonio Water System San Antonio Water System P O Box 2449 2800 US Hwy 281 North San Antonio Texas 78298-2449 San Antonio Texas 78212

NOTE It is the bidders responsibility to ensure that bids are received in the prescribed manner by the stated date and hour ofthe bid opening

-------------------------------------------Pencco Inc

SIIn8IIn of iIUtII_ IIgt sign bid Monica Avila Bid Sec

___

170f21

81___d _ __ tl-__1 GEJIIERAL COMDnIOMS

(a) _____ -__

~ Bktder mIIIIe ~neceuytoirlOrmhiml tharouCINtn GllhetyOl ______~lSreqJredbrtt1bid~ NopllnOfiQnOr~bwtha~of

CiCIfldIonI th or hIreIbr_ra Of (W CIIMMn on PI __ blddIw to III t-=-~~ and irwaIgiIOnIto k ewIfy deIIIl the f1II1Wlmentl Of the ccnr1lCl _ _ __ _ __W__(_S) _ CltnrtltIor

~CI aMrd d IMt conIrICt SAWS IhtI hMoe rtght to CiInCIId oniIrs upon 01 ConIJ-=- to dIIIiyenIty n in 1WGPQUf SAWS SfIM 8110 h8we ~ rigtIt to 0Idet naeriilh ~ COIJ1IIIRIbIedelSilnandqu8ltyittequtltDa~itIIClIdIIdkardIno~frclMiWIy~~nIlOchCotII forcIfknnce~ofmateriamp~

2 PREPARATION Of lIDS 81C11 be tftPIAdlftllCClOfdne ~ () TheBiddlt fumtsh 81 1nreIohdbythe tidbm TtIe bidder pitfor typIthlSfInd 1NIIIoII~tndal~1I ShIM Gnwbkttentry 1$ madre (b lNprioes betLflaiMt -rar_nIiortCII UIilprice ~

(e)(d) Where____ ~cfbull ______ and l1li kWIIIIIaft tor bid IIIppnMIcf ~ hie br~ nat so cleItoIIJIIMtd yenIIiJI rQ be ~~-_ unfeU autuiud in wi1in by U connctinDafIIJcwIlhIn ttwtt- JIiot apeMIJ

(e) 8ktders lrdincUtlildlnl_inllld tinceSAWSIltomPllVlltGf A_~~wbeUnlshed~

DIIOIIPTIOII Of IUPllElIMIt __ or ~ f1IIInncIa in-dIKIbIg ltemll~ and nat restrlclMGIifIIIrwiM -d cnyto tndc_ al(I qJIIty of lTIIIleria WMn itent ~ dffer in ~__--_ _ _ _ _d_ oonose _ _ ___

4 QUAIITfTItS 81cfid1rs laquo~~CUtng ~IIIIIffOd nclCIIIcutMItt ~ poIIyOlSAWShoMverbullbull OI~blqInoaldCCJhdlng1O tS1IItbin Oftclull~CI~_ OI IIICII1tlfIIch~wtd aan-certlln __ CIIiIIulIJIedDft dlUllliBafa~ ehttlTight~ ~ccntractperiDd_S tlIMglUCt-PWiOCtSAWStnl~dIO_ ~any(JthelllmlarfMYdIIIIte or__ _the tIld~cr~ __ Undlrlivdl cannel_ _ __ __ __ __-

tudI~pIQpOHId on bISAWS~righltobld~inSAWfr~middot bull An~bkIdIIMd_cnWllhkhilimcrtlof tidillt ~ IIIsI then bull h ITWlel ptce or tIkIderI COlt _ aID n- tiddlllr GIll OWIQII tid but crI bull ~ alae-r SAWS resene riOM to8 ita ~RtctfliUi(jtbkI~ 1f1fldl twd ~SAWS 1heCOf1htt $AW$retii8fWSto~ar aud1i1enwfnlm~tobe~ orWCllk II) be

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__(b) __hllNOfmaeialar_ tidon- CtSAWS0IAIidt_ tel ~IIIUIt alJbMllledwltNntlll_~ ftO tI)SAWS IfnolOyenedorused dIrinQ ber~upanbullbulltidOInaplfllbull ___OIII11OD11CAllOH Of 81)8

BtrtlbeIme fOr bltdtlJlWllt9the ~Of~OfIctit ~ JftDiIIIMf~rWIII1ce~lUChlllGle8 reeehoedpiorlO IImt_dIiWI Ntfar tido~ oe-wu andmodlcltanalaquo ~ receMdfm1 _tor tfdopllllllrG tJensmedunopene4

1 DIIICOlJNTS () PfIynwtt cb~ wI1 be rcnkIIrMin ng d~1Dd of dlCOILIt cPftnd 1amp StftciIRto paymenllIIIhI aUCh period in CGIntI dtluslness The I1IIIUe of ~~

8IsGbII~IC1 (b) canon Mh any ~t1IIWbull be ~flaquom ell ~ Of IampCIPIes orJehlCe laquohrfn carrea1IWCice Isrtclliilled ~ dille ~iI dttmedtobe INIdI

on1he date 01 nIIng of the cfIeeIL SElLERS 11_() __ ___ __ ___5-__- _O Nobull __ _ _

(b) lWaicallil natmdyCI-n_receiipof~orlrMJiCel~ --------EXf_ Of _AI CONTRACT SAWS rwetMI ftamp ~ flO ~ 1fIIIIPIOIII to -nd _ tonncI ___ en pettod Of men taII ON arIUtItKt alfN tems eondions bull enunwraled lit me tern and CCtIdIIona cI~tor bt amt a price f1lpriCa noIto 1IIC88d_~

10 AyenfARD OF CCraquofTRACTr) The Connctthe bIdIiIr tJld~tothe ~_bIdl1I naI toSAWS b BIdders -dngOl~ablcfis~cI andDty~ The clwd1~(1) _ __-_

(2) _SAWS-_____ _ __

(l) __in SAWlr)ldleftWlt lOwbddlJr is noI SAWS to -d he ccnnrtto the 6iddIra ltil nattbe fJlSAWS~ton-d~ on riI in bi Oller ctffIrwtCaamplnbMkPlCa tlfleit8fn SAWSreurves tWUtotUe~ tdln_Nyenift ~cfSAWS to ~fcIIIowI

(1) 1IojIIcI(2) ___ _ _

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11 REJICT1OIOSAWSOf (a) __ _ _

1 n1iddIr~ft MIin1idI 1M1id ____COIIfcImtothe_the~OItid

a 1hI1id II cardIonaI ~

4 _ Thltbldll~__noI SAWS _ _ _bld _ d __SAWS~

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17of21

SAWS STANDARD INSURANCE SPECIFICATIONS (Specifications)

I Commencing on the date of this Contract the Contractor shall at his own expense purchase maintain and keep in force such insurance as will protect him and the San Antonio Water System (SAWS) and the City of San Antonio (the City) and their employees and agents from claims which may arise out of or result from his operations under this Contract whether such operations are by himself by any sub-contractor supplier or by anyone directly or indirectly employed by any of them or by anyone fur whose acts any of them may be liable including without limitation the following

a Worken CompensatioD (WC) insurance that will protect the Contractor SAWS and the City from claims under statutory Workers Compensation laws disability laws or such other employee benefit laws and that will fulfill the requirements of the jurisdiction in which the work is to be pertbrmed

This insurance shall be endorsed to provide a Waiver of SubrogatioD in favor of SAWS and the City with respect to both this insurance coverage and the Employen Liability (EL) insurance (as specified immediately below in section lb)

b Employen Liability (EL) insurance (Coverage B under standard Workers Compensation policy) that will protect the Contractor SAWS and the City fur damages because of bodily injury sickness disease of vendors employees apart from that imposed by Workers Compensation laws The employers liability insurance shall have minimum limits ofliability ofnot less than

$ 100000000 Bodily Injury by Accident 100000000 Bodily Injury by Disease - Each Employee 100000000 Bodily Injury by Disease - Policy Limit

c Commerdal General Liability (CGL) insurance that will protect the Contractor SAWS and the City from claims fur damages because of bodily injury personal injury sickness disease or death and insurance that wilt protect the Contractor SAWS and the City from claims fur damages to or destruction of tangible property ofothers including loss ofuse thereof

This coverage shall

bull Cover independent contractors

bull Not include any exclusions relating to blasting explosion collapse ofbuildings or damage to underground property where applicable

bull Afford coverage fur Products Liabilityandor Completed Operations and Contractual Liability

The minimum limits ofliability fur this coverage shall be

$ 100000000 Occurrence Limit 200000000 General Aggregate

180f21

100000000 ProductsCompleted Operations Aggregate 100000000 Personal and Advertising Injury

5000000 Fire Legal Liability 100000000 Contractual Liability

This insurance shall be endorsed

bull Naming SAWS and the City as an Additionallosured and

bull To provide a Waiver of Subrogation in favor ofSAWS and the City

d Comprehensive Automobile Liability (AL) insurance that will protect the Contractor SAWS and the City from claims for damages arising out ofthe maintenance operation or use of any owned non-owned or hired vehicles Minimum limits of liability for bodily injury and property damage combined shall be not less than $100000000 per each occurrence

This insurance shall be endorsed

bull Naming SAWS and the City as an Additional Insured and

bull To provide a Waiver of Subrogation in favor ofSA WS and the City

e Umbrella LiabiUty (UL) insurance in the amount ofS200000000 This policy shall be ofan Occurrence type and the limit of liability shall be concurrent with (following form) and in excess of the EL CGL and AL insurance coverage as descnbed in paragraphs lb lc and Id above

f Contractors Pollution Liability Insuraoce with limits of $1000000 per occurrencelS2000000 in the aggregate The policy shall provide claims made coverage for all claims liabilities damages costs fees and expenses of any kind or character arising out ofany Pollution Condition(s) (as defined below) that js in any way related to CONTRACTORs operations actions or inactions and completed operations associated with any work performed by Contractor its subcontractors or any of their respective employees agents representatives or officers under this Contract Coverage must be maintained for a minimum of twenty-four (24) months after the end of the Contract term or ifthe Contract js terminated fOr any reason fOr a minimum oftwentyshyfour (24) months fOllowing the date of termination The policy retroactive date will be no later than the Contract start date

Pollution Condition(s) means the djscharge dispersal release or escape of any solid liquid gaseous or thermal irritant or contaminant including but not limited to smoke sewage vaplrs soot fumes acids alkalis toxic chemicals medical waste and waste materials into or upon land the atmosphere or any watercourse or body of water including groundwater provided such conditions are not naturally present in the environment in the amounts or concentrations discovered

The Contradors Pollution Liability losurance will pay on behalf of the CONTRACTOR SAWS and the City of San Antonio all claims demands damages liabilities costs fees and expenses of any kind or character fOr bodily injury or death

190f21

property damage environmental or natural resource damage and any fines fees assessments or penalties of any kind assessed by any governmental department agency or commission that resuh from or are related to a Pollution Condition(s) Coverage will include all subcontractors hired by CONTRACIOR to perform any work under this Contract

The policy shall also include the fullowing provisions

I) Coverage fur bodily injury to include physical injury sickness disease mental anguish and emotional distress sustained by any person including death

2) All costs that are related to or that arise out of or from the investigation or adjustment of any claim or in connection with any court arbitration mediation state administrative hearing or other proceeding ofany kind including attorneys fees expert witness fees costs charges and expenses of any kind or character that arise out ofor that are related to a Pollution Condition(s)

3) Coverage shall be Primary and in addition to any other valid and collectible insurance carried by SAWS and the City of San Antonio as respects to this Contract

4) Coverage fur Natural Resource Damages and any fines fees penalties or assessments by any governmental agency commission or department related to any Pollution Condition(s)

5) Insured versus Insured exclusion if fuund in the policy shall not apply to a claim by an Insured who qualifies as a Client of the Named Insured under the policy

6) IfNon-Owned Disposal sites are used for disposal ofwastes these sites shall be specifically included under the Contractors Pollution Liability Insurance policy and

7) Coverage for punitive exemplary and multiple damages

Automobile Liability policy ofCONTRACIOR halliing QlJy quantityof fluorosilicic acid shall either be endorsed to provide coverage under the TE9948 endorsement or the Contractors Pollution Liability Insurance policy shall be endorsed to provide transportation coverage beyond the boundaries ofthe testing andor delivery site(s)

2 Contractor shall require Sub-contractors to carry insurance coverage appropriate to their scope ofWork

3 Contractor shall furnish a completed Certificate ofInsurance which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage limits and termination provisions shown thereon

4 The insurance that is required under these Specifications shall be written so that SAWS and the City will be notified in writing in the event of cancellation restrictive endorsement or nonshyrenewal at least thirty (30) days prior to such action

200[21

5 Certificates of Insurance shall be filed with the System 10 days prior to the SAWS Board of Trustees award of the Contract The SAWS Contract namelBid number shaD be included in the Description of Operations section located in the bottom half of the standard ACORD Certificate furms

Certificates shall be mailed to SAWS directly to

San Antonio Water System Attention PurchBSbtg Division P O Box 2449 San Antonio TeDs 78198-1449

Contractor shall be responsible fur obtaining Certificates of IDsunnce from the first tier Subshycontractor and upon request furnish copies to SAWS

6 Separate Certificates of Insurance shall be filed with the City ofSan Antonio] 0 days prior to the SAWS Board of Trustees award of the Contract The SAWS Contract namelBid number shaD be included in the Description of Operations section located in the bottom half of the standard ACORD Certificate furms

Certificates shall be mailed to the City ofSan Antonio directly to

City ofSan Antonio Attention Risk Management PO Box 39966 San Antonio TX 78283-3966

A copy of the certificate of insurance provided to the City of San Antonio shall be provided to SAWS at the same time

7 Contractor is responsible for all deductibles under all ofthe insurance policies reqilired by these Specifications

8 The stated limits of insurance required by these Specifications are MINIMUM ONLY and it shall be the Contractors responsibility to determine what limits are adequate and the length of time this coverage shall be maintained the insurance limits are not a limit of the Contractors liability

These minimum limits may be basic policy limits or any combination of basic limits and umbrella limits SAWS acceptance of Certificates of Insurance that in any respect do not comply with these Specifications does not release the Contractor from compliance herewith

9 Contractor agrees that an insurance policies required bYthese Specifications shall be with insurance companies firms or entities that have an AM Best rating of A- (A- minus) and a Financial Size Category rating of a VII or better All insurance policies shall be of an Occurrence type except the Contractors Pollution Liability line ofcoverage

210f21

10 SURVIVAL

Any and all representations conditions and warranties made by Contractor under this Contract including without limitation the provisions ofSection lb ie and Id ofthese Insurance Specifications are ofthe essence ofthis Contract and shall survive the execution and delivery of it and all stalernents contained in any document required by SAWS whether delivered at the time ofthe execution or al a later dale shall constitute representations and warranties hereunder

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PENCCO INC Pioneer Engineering Chemical Company

AFFIDAVIT OF COMPLIANCE

This is to certify that the Hydrofluorosilicic Acid supplied by our company meets A WWA Standard B703-00 or the latest revision and is certified to NSFANSI Standard NSF-60

Signature shy

R L Home President

Name and Title ofOfficial

142010

Date

PO BOX 600 bull SAN FELIPE TX 11473

PHONE 919-885-0005 bull 800-864-174~ bull FAX 979-885-3208

INPOPENCCOCON

NSF Certified Products - Public Water Supply Treatment Chemicals Page lof2

NSF

NSF Product and Service Listings

These Listings were Last Updated on Thursday Janulry 14 Z010 at 415 AM Eastern Time Please contact NSF International to confirm the status ofany Listing report errors or make suggestions

Wami NSF is COIIccncd abot fradu 1 d-loIIdilll d iplaUolI ofwcbsik tOIl Ifyou havo relaquorod Ihis listiar in lIrd copy ys rorafirm tllis ccrtlflcatleDilistlac Infonnlion lIy COilli diretlly to hHnllmywnrforclCertlfOCllP1Ch_ibullbullblListilAlpfCOIIIQlnyNme-peDccoamp for tho latest most eatntl ifonnatlon

NSFANSI STANDARD 60 Drinking Water Treatment Chemicalsmiddot Health Effects

----------~-----~

PENCCO INC PO BOX 600 SAN FELIPE TX 77473 800-864-1742 979-885-0005

Facility DISTRIBUTION CENTER - RICHMOND CA

Hydrofluosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid

Product Function Fluoridation Fluoridation

Max Use 6mgIL 6mgIL

Hydrofluosilicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - SOUTH GATE CA

HydrofluosUicir Acid Trade Designation Product FlUlCtion Max Use Fluorosilicic Acid Fluoridation 6mgIL Fluosilicic Acid Fluoridation 6mgIL Hydrofluosiiicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - WILLOW SPRINGS IL

Hydroftuosllicir Arid Trade Designation Product Fll1ICtion Max Use Fluorosilicic Acid Fluoridation 6mgIL F1uosilicic Acid Fluoridation 6mgIL Hydrofluosilicic Acid Fluoridation 6mgIL

httpwwwnsforglCertifiedlPwsChemicalslListingsaspCompanyName=pencooampTrade111412010

NSF Certified Products - Public Water Supply Treatment Chemicals Page 20f2

Facility D1STRI BUTION CENTER - BALTIMORE MD

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Facility DISTRIBUTION CENTER

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Product Function Fluoridation Fluoridation Fluoridation

SEALY TX

Product Function Fluoridation Fluoridation Fluoridation

Facility DISTRIBUTION CENTER - WAXAHACHIE TX

Hydrofluosilicic Acid Trade Designation FLUOROSILICIC ACID FLUOSJLlCJC ACID HYDROFLUOROSILlCJC ACID HYDROFLUOSILICIC ACID

Product Function Fluoridation Fluoridation Fluoridation Fluoridation

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL 6mgIL

Number ofmBlching Muufactun1ll is 1 Number ofmalching Products is 19 Processing time was 0 seconds

bull Search Listings bull NewsRoom I bull AboutNSF I bull ampnm I bull NSF Marl I bull Client Log-In

bull Privacy Poliey bull SiteMap I bull Reguest Info I bull Contact Us I bull Copyright C 2004 NSF International

httpwwwnsforglCertifiedlPwsChemicalslListingsaspCompanyName=penccoampTrade114120 10

PENCCO INC Pioneer Engineering Chemical Company

HydrofluorosiIicic Acid Bid QAlQC Info

Pencco meets AWWA Standards and is NSF Certified

Hydrofluorosilicic acid also known as HFS or FSA is a transparent colorless (water white to straw yellow) aqueous solution that is used in a variety of applications including the major end-use water treatment for fluoridation FSA is produced during the concentration of phosphoric acid in an evaporation process unique to the phosphate industry The vapor stream from the phosphoric acid reaction is scrubbed with water to form FSA from the naturally-occurring silica acid The final product is collected stored and tested prior to release for shipment Potential danger of contamination is minimized through compliance with NSF 60 NSF 60 typically checks sourlt)e product and any subsequent transfer before unloading into customer tanks

infopenccoCGm PO Bo 600 S Felipe Tens 77473-0600 9791885-0005 FAX 979f88S310ll

Refer FL-J43 September 2000

THE MANUFACTURE OF THE FLUORIDE CHEMICALS

All ofthe fluoride chemicals used in the US for water fluoridation sodium fluoride sodium fluorosilicate and fluorosilicic acid are useful byproducts of the phosphate fertilizer industry The manufacturing process produces two byproducts (I) a solid calcium sulfate (sheetrock CaS04) and (2) the gases hydrofluoric acid (HF) and silicon tetrafluoride (SiF4) A simplified explanation of the manufacturing process follows Apatite rock a calcium mineral found in central Florida is ground up and treated with sulfuric acid producing phosphoric acid and the two byproducts calcium sulfate and the two gas emissions These gases are captured by product recovery units (scrubbers) and condensed into 23 fluorosilicic acid Sodium fluoride and sodium fluorosilicate are made from this acid

The question of toxicity purity and risk to humans from the addition of fluoride chemicals to the drinking water sometimes arises Almost all of the over 40 water treatment chemicals that may be used at the water plant are toxic to humans in their concentrated form eg chlorine gas and the fluoride chemicals are no exception Added to the drinking water in very small amounts the fluoride chemicals dissociate virtually J 00 into their various components (ions) and are very stable safe and non-toxic

Opponents of water fluoridation have argued that the silicofluorides do not completely dissociate under conditions ofnormal water treatment and thus may cause health problems To counter these claims the basic chemistry of this dissociation has been carefully reviewed Scientists at the US Environmental Protection Agency (EPA) and CDC epidemiologists have examined the research that opponents of water fluoridation cite Both groups have concluded that these charges are not credible

The claim is sometimes made that no health studies exist on the silicofluoride chemicals used in water fluoridation That is correct We the scientific community do not study health effects of concentrated chemicals as put into water we study the health effects ofthe treated water Le what those chemicals become fluoride ion silicates and the hydrogen ion The health effects of fluoride have been analyzed by literally thousands of studies over SO years and have been found to be safe and effective in reducing tooth decay The EPA has not set any Maximum Contaminant Level (MCL) for the silicates as there is no known health concerns for them at the low concentrations found in drinking water Of course the measurement ofthe pH of the water determines the concentration of the hydrogen ion

Concern has been raised about the impurities in the fluoride chemicals The American Water Works Association (A WWA) a well-respected water supply industry association sets standards for all chemicals used in the water treatment plant including fluoride chemicals The A WWA standards are ANSJJ A WWA B701-99 (sodium fluoride) ANSJJ A WWA B702-99 (sodium

fluorosilicate) and ANSIIAWWA B703-00 (fluorosilicic acid) The National Sanitation Foundation (NSF) also sets standards and does product certification for products used in the water industry including fluoride chemicals ANSINSF Standard 60 sets standards for purity and provides testing and certification for the fluoride chemicals Standard 60 was developed by NSF and a consortium of associations including the A WWA and the American National Standards Institute (ANSI) This standard provides for product quality and safety assurance to prevent the addition of harmful levels of contaminants from water treatment chemicals More than 40 states have laws or regulations requiring product compliance with Standard 60 NSF tests the fluoride chemicals for the II regulated metal compounds that have an EPA MCL In order for a product [for example fluorosilicic acid] to meet certification standards regulated metal contaminants must be present at the tap [in the home] at a concentration ofless than ten percent of the MCL when added to drinking water at the recommended maximum use level The EPA has not set any MCL for the silicates as there is no known health concerns but Standard 60 has a Maximum Allowable Level (MAL) of 16 mgIL for sodium silicates as corrosion control agents primarily for turbidity reasons NSF tests have shown the silicates in the water samples from public water systems to be well below these levels

Arsenic according to NSF tests had an average of043 ugIL [parts per billion] in the drinking water attributable to the fluoride chemical Opflow a monthly magazine from the A WWA has found the arsenic level in the finished water from the fluorosilicic acid to be 0245 ugIL [OpflowVol 26 No 10October 2000] The NSF Standard 60 has a Maximum Allowable Level (MAL) of25 ugIL and EPA has a MCL of 50 ugIL although they have proposed to lower their MCL to 5 ugIL As you can see arsenic is less that III Oth ofeven the proposed EPA MCL Finally tests by NSF and other independent testing laboratories have shown no detectable levels

of radionuclides in product samples of fluoride chemicals There is no evidence that any of the known impurities in the fluoride chemicals have failed to meet any of these standards Opponents ofwater fluoridation have sometimes charged that industrial grade fluoride chemicals are used at the water plant instead ofpharmaceutical grade chemicals All the standards of AWWA ANSI and NSF apply to these industrial grade fluoride chemicals to ensure they are safe Phannaceutical grade fluoride compounds are not appropriate for water fluoridation they are used in the formulation of prescription drugs

Finally it is sometimes alleged that the fluoride from natural sources like calcium fluoride is better than fluorides added artificially such as from the fluoride chemicals presently used There is no difference There is no reason to change the opinion of CDC that water fluoridation is safe and effective

Thomas O Reeves PE National Fluoridation Engineer Program Services Branch Division ofOm] Health National Center for Chronic Disease Prevention and Health Promotion Centers for Disease Control and Prevention

2

8813 US Highway 41 South Riverview Florida 33569

EMERGENCY TELEPHONEmiddot CHEMTREC 1-800-424-9300

SECTION I PRODUCT INFORMATION

TRADE NAME Hydrofluosilicic Acid

CHEMICAL NAME I Hydrofluosilicic Acid

CAS NUMBER

CHEMICAL FAMILY

SYNONYMS

PRIMARY USE

SECTION II

FORMULA

COMPOSITION

SECTION III EMERGENCY OVERVIEW

16961-83-4

I norganic Fluorides

FluorosHicic Acid Hexafluosilicic Acid HFS FSA Auoridation of drinking water

COMPOSITION INFORMATION ON INGREDIENTS

H2SiF6

Hydrofluosilicic Acid 120-25

water 175-80

HAZARD IDENTIFICATION Large doses can cause nausea vomiting diarrhea abdominal buming and cramp-like pains Circulatory respiratory neNOUS complaints and skin rashes may occur Liquid

Health Hazards or vapor also causes severe irritation and bums Which will not be immediately apparent It also causes severe irritation to the lungs nose and throat If swallowed it can cause severe damage to throat and stomach

Physical Hazards Not applicable

Physical Form liquid

Appearance water White to straw yellow liquid

Odor Pungent

Toxicity Not identified as toxic by OSHA

NFPA HAZARD CLASS ~HAZARD CLAS Health 3

I Flammability 0

Instability Special Hazard 1

FlammabHity 1

Physical 2Hanrd

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOSt MOS16961061

POTENTiAl HEALTH EFFECTS

Acute - I Titant Chronic - Degenerative changes in the liver Fluorosis

POTENTIAl ENVIRONMENTAl EFFECTS

None listed

SECTION IV FIRST AID MEASURES

FIRST AID PROCEDURES

Eyes Invnediately flush with plenty of water for at least 15 minutes Get medical attention invnediately

Skin

Invnediately flush with plenty of water Remove contaminated clothing Discard contaminated clothing properly Get medical attention if irritation occurs or persists

Inhated Move to fresh air Administer oxygen Treat symptomatically Get medical attention promptly

Ingestion Give large quantities of water to patient if conscious 00 Not induca vomiting Seek medical attention promptly

NOTE TO PHYSICIAN Not applicable

SECTION V FIRE FIGHTING MEASURES

Flammable Properties

Flash Point Not applicable

Flammability Not applicable

LEUUEL Not applicable

Auto-Ignition Temperature

Not applicable

Extinguishing Media Small fires Water spray foam dry chemical or CO2

Large fires Water spray fog or foam

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOS MOS16961061

Wear selfcontained breathing apparatus with full protective clothing

Protection of Firefighters

Dangerous when heated to decomposition highly toxic and corrosive fumes of fluorides are emitted Will react with water or steam to produce toxic and COITOSive fumes May generate hydrogen in contact with some metals

SECTION VI

RESPONSE TECHNIQUES

ACCIDENTAL RELEASE MEASURES Small spills Contain spill and stop leak if it can be done without risk Use sodium carbonate or a mixture of soda ash and slaked lime sand or noncombustible absorbent material to soak up material Place in DOTmiddotapproved poly container and dispose of properly

Large spills Use same procedure as above Isolate spill area and deny entry Prevent discharge into waterways and sewers Material may be neutralized with sodium carbonate or a mixture of soda ash and slaked lime Contact proper local state or federal regulatory agencies to ascertain proper disposal techniques and procedures

All waste to be collected in a DOTmiddot IPOlY drum for disposal

= SECTION VII

HANDLING

HANDLING AND STORAGE

Avoid contact with eyes skin and clothing Wash thoroughly after handling Maintain proper hygiene practices when handling this product

STORAGE Use DOT-approved poly drum for storage

SECTION VIII EXPOSURE CONTROLS I PERSONAL PROTECTION

ENGINEERING CONTROLS

Eye wash and shaNer stations should be available where acid is being handled

PERSONAl PROTECTIVE EQUIPMENT (PPE)

EyelFace

Skin

Respiratory

Splash proof goggles and fullmiddotface shield should be worn at all times Acid proof gloves headgear protective shoes and clothing should be worn to Drevent contact Use respiratory for 20ppm or less concentration Use a self-contained breathing apparatus for concentrations of greater than 2Oppm

Other None

GENERAL HYGIENE CONSIDERA nONS

Avoid breathing fumes Avoid ingestion Wash thoroughly after handling Avoid contact with eyes or skin Use in adequate ventilation

EXPOSURE GUIDELINES

OSHA Permissible Exposure Limits (PEL) 25mgFm3

ACGIH Threshold Limit Value (TLV) 25 rng Fm3

Status New Issue ~ate February 3 2006 Section(s) Revised NlA MSDS MOS16961061

SECTION IX PHYSICAL AND CHEMICAL PROPERTIES

Note Unless othetWise stated values in this section are determined at 20middotC (68middotF) and 760 mm Hg (1 aim)

Flash Point Not applicable Flammabilityl Explosive Limits ()

Not applicable

Auto-Ignition Temperature

Not applicable

Appearance Water white to straw yellow liquid

Physical State Liquid

Odor Pungent Molecular Weight of Pure Material

14411g1mol

pH 12 Vapor Pressure (mmHg)

Not applicable

Vapor Density (air=1)

Not applicable

Boiling Point 2223 OF

FreezinglMelting Point Not applicable

Solubility in Water Not applicable 100 soluble in water

Specific Gravity 12

Volatility Not applicable

Bulk Density 98 Ibslfemiddot 25 Sol 77DF

SECTION X STABILITY AND REACTIVITY

Chemical Stability Stable

Conditions to Avoid Avoid all heat sources

Incompatible Materials Avoid contact with metals stoneware strong acids and alkalies explosives toxicants readily oxidizable materials alkali metals combustible solids and organic peroxides

Hazardous Decomposition Products

Extreme temperatures such as a fire cause formation of highly toxic and corrosive fumes of fluorides such as SiF and HF Hydrogen gas may be fonned at temperatures above 227DF

Corrosiveness Attacks silica bearing materials metals and stoneware Hazardous Polymerization

Will not occur

Status New Issue Date February 3 2006 Section(s) Revised NA MSDS MOS16961061

SECTION XI TOXICOLOGICAL INFORMATION

Acute Oral Toxicity 430 mgkg oral-rat LD50

Acute Dermal Toxicity 140 mgkg LOLo (Frog)

Mutagenesis No data available

Target Organ No data available

Developmental Toxicity No data available

Carcinogenicity No data available

SECTION XII ECOLOGICAL INFORMATION

ECOTOXfCOLOGY No data available

SECTION XIII DISPOSAL CONSIDERATIONS

Keep in covered DOT-approved poly drums pending disposal Handle and dispose in full compliance with an applicable Intemational Federal State and Local reQulations

SECTION XIV TRANSPORT INFO

Regulatory Status None established

Proper Shipping Name Hydrofluosilicic Acid

Hazard Class Class 8 (corrosive)

Packing Group II

Identification Number UN1778

Guide Number 154

SECTION XV REGULA TORY INFORMATION

CERClA Not Regulated RCRA 26133 Not Regulated

SARA TI11E III Section 302 Not Regulated (ExemptIons at 40 CFR Pan 370 may apply for agricuIIural use or lor quantllies of less

SectIon 304 Not Regulated Section 3111312 Acute and Chronic

than 10000 pounds _lie) Section 313 Not Regulated NTP tARC OSHA Recommended for Study IARC group 3 Not regulated by OSHA

(PSM) Canada OSL and NDSL On Inventory TSCA On Inventory

Status New Issue Date February 3 2006 SectIon(s) Revised NlA MSOS MOS16961061

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS Usted as Fluorosilicic Acid CBSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUED REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMATION THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are fumished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4001shy1998

Note to (if 8IlpicBble)

Status New Issue Date February 3 2006 Section(s) Revised NlA MSDS MOS16961061

I

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS listed as Fluorosilicic Acid CaSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUEO REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMAnoN THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are furnished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4OO1shy1998

Note to __ (d 8pP1icab1ei

Status New Issue Date February 3 2006 Section(s) Revised NJA MSDS MOS16961061

DATE IIlIMIOOIYYY) nleO

IROOIJ(EII 1-113-623-2330

ACORD CERTIFICATE OF LIABILITY INSURANCE I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERllFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR

Arthur 01 Gallagher Rik ICanagtllaeUt Services 111C

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If SUBROGATION IS WAIVED subject to the teons and conditions of the poHcy certain policies may require an endorsement A statement on this certificate does not OJOfer rights to the certificate holder in lieu of such endorsement(s)

DISCLAIMER

The Certificate of Insurance on the reverse side of this foon does not constitute a contract between the issuing insurer(s) authorized representative or producer and the certificate holder nor does it affinnatively or negatively amend extend or alter the coverage alforded by the policies listed thereon

ACORD 25 (2001108)

SUPPLEMENT TO CERTIFICATE OF INSURANCE I DATE 11180

NAME 01 INSURED PCCO Inc

Addii2Jg1 Ducllio II 00eta1ionslRemafks 1m PWl 1middot

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SAN ANTONIO WATER SYSTEM P O BOX 2449

SAN ANTONIO TEXAS 78298middot2449 TABULATION OF BIDS

Annual Contract for Fluoroslficic Acid (February 2 2010 through February 1 2011) 300 pmbull January 19 2010

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UNIT PRICE 630

3 Split Delivery Fee (stop charge) 227 deliveries UNIT TOTAL 11000

4 Expediated Delivery UNIT PRICE 92500

APPRO~ATETOTAL TOTAL 50000000

Tenns

Delivery Days

1 20 days

5-6 days

1

BID INVITAnONS WERE MAUD TO ANDOR PICKED UP BY

Pennco SAWS Website Napea Chemical Cobull Inc Demandstar OXl UnivarUSA

Page 13: 331 Twisted Wood Dr.coalitionforsafemeters.org/TFSDW/PENNCO_Contract_2010.pdf · At the February 2,2010, meeting of the San Antonio Water System (SAWS) Board of Trustees, you were

SAN ANTONIO WATER SYSTEM SAN ANTONO TEXAS

FORMAL INVITATION BID (continued)

Page No 11 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

24 SAWS is the final judge ofproduct acceptability for items quoted on this bid

25 SAWS Specifications and Terms and Conditions provided with this bid document will prevail in the event of conflict with bidders

26 SAWS reserves the right to cancel this contract witb a 30 day written notice without cause

27 Termination-Breach Should vendor fail to fulfill in a timely and proper manner as determined solely by the Purchasing Director its obligations under this contract or violate any ofthe terms ofthis contract SAWS shall have tbe right to immediately terminate the contract Notice of termination shall be provided in writing to the vendor effective upon the date set forth in the notice Such termination shall not relieve the vendor of any liability to SAWS for damages snstained by virtue ofany breacb by the vendor

28 No oral statement of any person shall modify or otherwise change or affect the terms conditions or specifications stated in the resulting contract The SAWS Purchasing Division will make all change orders in writing

29 The successful bidder shall not sell assign transfer or convey this contract in whole or in part without the prior written consent of the Purchasing Division

30 The obligations of the parties hereto are performed in Bexar County Texas and if legal action is necessary to enforce same exclusive venue shall be within Bexar County Texas

31 Contractor shall defend indemnify and bold hannless SAWS from and against any liability loss cost and expense of whatsoever nature including those related to death bodily injury sickness disease andlor loss or destruction of property (including reasonable attorneys fees and costs of defense) resulting from Contractors performance of the services to the extent that such losses arise out of andor are attributed to the sole or concurrent negligence errors or omissions or strict liability of Contractor its employees Subcontractors agents or their respective employees Where liability is attributable to the joint negligence or fault ofContractor and SAWS Contractors duty of indemnification shall be limited to Contractors (and Contractors agents Subcontractors or employees) allocable share ofjoint negligence or fault

This indemnity shall be broadly construed to apply to all liability attributed to the concurrent and sole negligence ofcontractor and shall survive termination of this agreement

32 The goods or services furnished under this contract shall be covered by tbe most favorable commercial warranties given to any customer for same or similar supplies or services The implied warranties and remedies of the Universal Commercial Code are included in this procurement and shall apply to the issued purchase ordercontract

33 Prospective bidders must prove beyond any doubt to the SAWS Purchaaing Agent that they are duly qualified capable bondable etc to fulfill and abide by the specifications herein listed

Pencco Inc 5qIaItnt of ___10 sign bid

HameofB_(~) (pnntOitype)

Monica Avila Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 12 No Pages 21

Item Estimated Unit Total _N--o___O--u--a--ntity-___________Description Price Amount

34 Right to Audit (lump sum contracts) SAWS or its designated agent shall have the right to audit at any time the Contract related records and associated documents of the Contractor and Subcontractor Such right to audit shall be for the determination of the accuracy and validity of the Contractors and Subcontractors billing to SAWS and for verifying compliance with other terms and conditions of the Contract

35 Contractor and Subcontractor shall maintain aU records required to be kept by law rule or regulation or records required to document performance of the services specified in the contract documents The records shall be maintained for the period required by law for a reasonable period in the absence of the applicable law or for two (2) yesrs after completion ofall services whichever is greater Contractor shall provide to SAWS copies of such records as provided in the contract documents or as reasonably requested by SAWS after performance of the service

36 It is expressly understood and agreed by both parties hereto that SAWS is contracting with the successful bidder as an independent contractor The parties hereto understand and agree that SAWS shall not be liable for any claims which may be asserted by any third party occurring in connection with the services to be performed by the successful bidder under this contract and that the successful bidder has no authority to bind SAWS

37 The successful bidder agnes to indemnifY and hold SAWS harmless from any claim involving patent infringement or copyrights on goods supplied

38 If insurance is required the minimum insurance to be maintained shaU he in accordance with SAWS Standard IDsIUIUICe Spedtkations Bidder should submit a draft Insurance Certificate with Bid The successful bidder shall furnish a completed Certificate of Insuraoce which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage limits and terminstion provisions shown thereon Successful bidder will be required to maintain at all times during performance of the contract the insurance detailed in this bid document

Certificate of Insurance shall be filed with the System no later than 5 days after notification ofpending award of contract and before starting any work Certificates should he mailed to the Purchasing Division San Antonio Water System P O Box 2449 San Antonio Texas 78298-2449 CONTRACfORs CertHkate shan refereDce the SAWS bid Dumber at time ofsDbmittaL

39 The successful bidder shall mail invoices to the SAWS Accounts Payable Section P O Box 2449 San Antonio Texas 78298-2449 Invoices for payments and correspondence for this contract must reference the SAWS purchase order number

40 No officer or employee of SAWS shall have a financial interest direct or indirect in any contract with SAWS or shall benefit financially directly or indirectly in the sale to SAWS of any materials supplies or services except on behalf of SAWS as an officer or employee In this instance a SAWS employee is defined as any employee ofSAWS who is required to file a financial involvement report pursuant to the Citys ethics ordiuance

41 Any successful supplier required to perform any type of construction or service related work at SAWS location as a result ofthis bid or proposal must comply with all requirements shown in SAWS Health and Safety Program

Pencco Inc Name a( Bidder (CIlnIpanyI (print 0lt type) SIgnmint a( person auI1oIized lo sign bid

Monica Avila Bid Sec

SAN ANTOMO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 13 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

and Security Procedure No 2-11 Copies can be obtained from the SAWS Safety Officer at (210) 233-3616 Failure to comply with this requirement shall deem project in non-compliance and may result in immediate termination with cause

42 Suppliers employees performing work or making deliveries on SAWS property other than for a one-time drop shipment will be required to provide their employees with a photo identification badge that includes the company name no exception

43 Bid exceptions will be cause for rejection ofany bid at the sole discretion of the Purchasing Director

44 SAWS reserves the right to award this bid to more than one supplier

45 Award ofall bids and RFPs will be based on Best Value as determined by SAWS

46 In the event the San Antonio Water System Board does not appropriate tuuds for continuation of this contract for any fiscal year after the first fiscal year and it has no funds to continue this contract from other sources SAWS shall be released from its obligations under this contract

47 If a third party is used to ship mercbandise the shipping documents MUST include all SAWS Purchase Order Numbers

Pencco Inc SignaIuIe _IW_ 0 ~n bid

Monica AV11a Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVfTATlON BID (continued)

Page No 14 No Pages 21

Item Estimated Unit Total No Quantity Desaiption Price Amount

Security Requirements

Contractor shall ensure a Prime Contractor Data Form (PCDF) and a Background Saeening Letter (provided by SAWS Security) is properly completed fopound all employees performing work under this Agncment and on file with the SAWS Security Office prior to work commencement Subcontractors perfurming wort must be listed on the PCDF Contractor shan be responsible for the accuracy of information on the PCDF and fOr obtaining any and all required items (badges and parking tags) necessary to fulfilling the work under this Agreement The PCDF must be sent electronically to SCluritywoup(llIIwsorg Contractor shall advise the SAWS Project Manager of any employee terminations or changes to personnel perfurming work under this Agreement and Contractor sball immediately turn in any and all badges andor parking tags of employees who are terminated or no longer perfOrming work under this Agncment If there are any changes in the infOrmation contained in the PCDF or the Background Screening Letters Contractor shall immediately notifY the SAWS Project Manager and provide updated PCDF and Background Screening Letters with copies to securitygroup[iSllwsorg

Contractor and its employees and agents shall obtain a SAWS photo identification badge (Contractors Badge) and parking tag if necessary prior to any work on SAWS property which shall be used only fopound plllJlO5CS necessary to perfurm the work under this Agreement SAWS Badge Office bours are Monday and Friday 100 pm to 500 pm (hours are subject to change) Security Staff can be contacted at (210) 233-3760 or (210) 233-3616 A replacement fee shan be charged to replace any lost or damaged badges or parking tags As a condition of final payment Contractor shall return all badges and parking tags to the Security 0 ffice In the event Contractor fails to return all security badges and parking tags in addition to any other rights or remedies to which SAWS may be entitled at law or in equity SAWS may withhold from payment to the Contractor the sum ofS50000 dollars per badge or parking tag as liquidated damages Contractor agrees that the actual amount of damages fOr failore to return the badges andor parking tags are difficult to determine and the liquidated damages herein are not a penalty but are a reasonable estimate of the costs and expenses that may be incurred by SAWS for failure to return the badges or parking tags

Certain designated SAWS facilities Oist with SAWS Security) require a SAWS employee to physically escort Contractor at all times SAWS may in its sole discretion waive the escort requirements if the PCDF and a clean Background Screening Letter signed by an authcrized representative ofContractor are approved by SAWS Security

Subcontractors must always be under escort of the Contractor while perfOrming wort on any SAWS designated primary facility (list with SAWS Security) Subcontractors must display either a company photo badge with name or a valid driven license at all times while working on any SAWS property Contractor is solely responsible for the actions of its employees agents contractors and subcontractors

Due to changing security environments Contractor MUST be prepared fOr additional security requirements at its expense including background checks AiJy person fuund to have an unacceptable background check (as determined by SAWS review of submitted paperwork or other infurmation provided to or obtained by SAWS) will not be allowed to pertbrm work under this Agreement or on SAWS facilities Notwithatanding anything herein to the contrary any provisions in these Security Procedures that may appear to give SAWS the right to direct Contractor as to details ofdoing any work under this Agreement or to exercise a measure of control over any security measures or such work shall be deemed to mean that Contractor shall fullow the desires of SAWS in the resatD ofthe work or security measures only

Advance coordination by Contractor with SAWS Security office for these security requirements is necessary to ensure no delays with timely perfurmance of the work In the event Contractor fails to comply with SAWS Security requirements SAWS may with no penalty or claim against SAWS issue a Work Stoppage Order until the security violation (s) are remedied

PenCCD Inc Name ofBidder (~) (print or type) SiaoIIure at r$OIIJMh~ to IiIII bict

-MDn~ca Av~~a H10 Sec

~--------

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

____________F_O_RMAL_~IIMTAnON BID (continued)

Page No 15 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

IMPORTANT MAILING INSTRUCTIONS

Mark Envelope

DID NAME FLUOROSILICIC ACID

DID No 10-2088

OPENING DATE JANUARY 192010 TIME 900 AM

MAIL TO DELIVER TO

Purchasing Division Purchasing Division San Antonio Water System San Antonio Water System P O Box 2449 2800 US Hwy 281 North San Antonio Texas 78298-2449 San Antonio Texas 78212

NOTE It is the bidders responsibility to ensure that bids are received in the prescribed manner by the stated date and hour ofthe bid opening

-------------------------------------------Pencco Inc

SIIn8IIn of iIUtII_ IIgt sign bid Monica Avila Bid Sec

___

170f21

81___d _ __ tl-__1 GEJIIERAL COMDnIOMS

(a) _____ -__

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CiCIfldIonI th or hIreIbr_ra Of (W CIIMMn on PI __ blddIw to III t-=-~~ and irwaIgiIOnIto k ewIfy deIIIl the f1II1Wlmentl Of the ccnr1lCl _ _ __ _ __W__(_S) _ CltnrtltIor

~CI aMrd d IMt conIrICt SAWS IhtI hMoe rtght to CiInCIId oniIrs upon 01 ConIJ-=- to dIIIiyenIty n in 1WGPQUf SAWS SfIM 8110 h8we ~ rigtIt to 0Idet naeriilh ~ COIJ1IIIRIbIedelSilnandqu8ltyittequtltDa~itIIClIdIIdkardIno~frclMiWIy~~nIlOchCotII forcIfknnce~ofmateriamp~

2 PREPARATION Of lIDS 81C11 be tftPIAdlftllCClOfdne ~ () TheBiddlt fumtsh 81 1nreIohdbythe tidbm TtIe bidder pitfor typIthlSfInd 1NIIIoII~tndal~1I ShIM Gnwbkttentry 1$ madre (b lNprioes betLflaiMt -rar_nIiortCII UIilprice ~

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(e) 8ktders lrdincUtlildlnl_inllld tinceSAWSIltomPllVlltGf A_~~wbeUnlshed~

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4 QUAIITfTItS 81cfid1rs laquo~~CUtng ~IIIIIffOd nclCIIIcutMItt ~ poIIyOlSAWShoMverbullbull OI~blqInoaldCCJhdlng1O tS1IItbin Oftclull~CI~_ OI IIICII1tlfIIch~wtd aan-certlln __ CIIiIIulIJIedDft dlUllliBafa~ ehttlTight~ ~ccntractperiDd_S tlIMglUCt-PWiOCtSAWStnl~dIO_ ~any(JthelllmlarfMYdIIIIte or__ _the tIld~cr~ __ Undlrlivdl cannel_ _ __ __ __ __-

tudI~pIQpOHId on bISAWS~righltobld~inSAWfr~middot bull An~bkIdIIMd_cnWllhkhilimcrtlof tidillt ~ IIIsI then bull h ITWlel ptce or tIkIderI COlt _ aID n- tiddlllr GIll OWIQII tid but crI bull ~ alae-r SAWS resene riOM to8 ita ~RtctfliUi(jtbkI~ 1f1fldl twd ~SAWS 1heCOf1htt $AW$retii8fWSto~ar aud1i1enwfnlm~tobe~ orWCllk II) be

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BtrtlbeIme fOr bltdtlJlWllt9the ~Of~OfIctit ~ JftDiIIIMf~rWIII1ce~lUChlllGle8 reeehoedpiorlO IImt_dIiWI Ntfar tido~ oe-wu andmodlcltanalaquo ~ receMdfm1 _tor tfdopllllllrG tJensmedunopene4

1 DIIICOlJNTS () PfIynwtt cb~ wI1 be rcnkIIrMin ng d~1Dd of dlCOILIt cPftnd 1amp StftciIRto paymenllIIIhI aUCh period in CGIntI dtluslness The I1IIIUe of ~~

8IsGbII~IC1 (b) canon Mh any ~t1IIWbull be ~flaquom ell ~ Of IampCIPIes orJehlCe laquohrfn carrea1IWCice Isrtclliilled ~ dille ~iI dttmedtobe INIdI

on1he date 01 nIIng of the cfIeeIL SElLERS 11_() __ ___ __ ___5-__- _O Nobull __ _ _

(b) lWaicallil natmdyCI-n_receiipof~orlrMJiCel~ --------EXf_ Of _AI CONTRACT SAWS rwetMI ftamp ~ flO ~ 1fIIIIPIOIII to -nd _ tonncI ___ en pettod Of men taII ON arIUtItKt alfN tems eondions bull enunwraled lit me tern and CCtIdIIona cI~tor bt amt a price f1lpriCa noIto 1IIC88d_~

10 AyenfARD OF CCraquofTRACTr) The Connctthe bIdIiIr tJld~tothe ~_bIdl1I naI toSAWS b BIdders -dngOl~ablcfis~cI andDty~ The clwd1~(1) _ __-_

(2) _SAWS-_____ _ __

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(1) 1IojIIcI(2) ___ _ _

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17of21

SAWS STANDARD INSURANCE SPECIFICATIONS (Specifications)

I Commencing on the date of this Contract the Contractor shall at his own expense purchase maintain and keep in force such insurance as will protect him and the San Antonio Water System (SAWS) and the City of San Antonio (the City) and their employees and agents from claims which may arise out of or result from his operations under this Contract whether such operations are by himself by any sub-contractor supplier or by anyone directly or indirectly employed by any of them or by anyone fur whose acts any of them may be liable including without limitation the following

a Worken CompensatioD (WC) insurance that will protect the Contractor SAWS and the City from claims under statutory Workers Compensation laws disability laws or such other employee benefit laws and that will fulfill the requirements of the jurisdiction in which the work is to be pertbrmed

This insurance shall be endorsed to provide a Waiver of SubrogatioD in favor of SAWS and the City with respect to both this insurance coverage and the Employen Liability (EL) insurance (as specified immediately below in section lb)

b Employen Liability (EL) insurance (Coverage B under standard Workers Compensation policy) that will protect the Contractor SAWS and the City fur damages because of bodily injury sickness disease of vendors employees apart from that imposed by Workers Compensation laws The employers liability insurance shall have minimum limits ofliability ofnot less than

$ 100000000 Bodily Injury by Accident 100000000 Bodily Injury by Disease - Each Employee 100000000 Bodily Injury by Disease - Policy Limit

c Commerdal General Liability (CGL) insurance that will protect the Contractor SAWS and the City from claims fur damages because of bodily injury personal injury sickness disease or death and insurance that wilt protect the Contractor SAWS and the City from claims fur damages to or destruction of tangible property ofothers including loss ofuse thereof

This coverage shall

bull Cover independent contractors

bull Not include any exclusions relating to blasting explosion collapse ofbuildings or damage to underground property where applicable

bull Afford coverage fur Products Liabilityandor Completed Operations and Contractual Liability

The minimum limits ofliability fur this coverage shall be

$ 100000000 Occurrence Limit 200000000 General Aggregate

180f21

100000000 ProductsCompleted Operations Aggregate 100000000 Personal and Advertising Injury

5000000 Fire Legal Liability 100000000 Contractual Liability

This insurance shall be endorsed

bull Naming SAWS and the City as an Additionallosured and

bull To provide a Waiver of Subrogation in favor ofSAWS and the City

d Comprehensive Automobile Liability (AL) insurance that will protect the Contractor SAWS and the City from claims for damages arising out ofthe maintenance operation or use of any owned non-owned or hired vehicles Minimum limits of liability for bodily injury and property damage combined shall be not less than $100000000 per each occurrence

This insurance shall be endorsed

bull Naming SAWS and the City as an Additional Insured and

bull To provide a Waiver of Subrogation in favor ofSA WS and the City

e Umbrella LiabiUty (UL) insurance in the amount ofS200000000 This policy shall be ofan Occurrence type and the limit of liability shall be concurrent with (following form) and in excess of the EL CGL and AL insurance coverage as descnbed in paragraphs lb lc and Id above

f Contractors Pollution Liability Insuraoce with limits of $1000000 per occurrencelS2000000 in the aggregate The policy shall provide claims made coverage for all claims liabilities damages costs fees and expenses of any kind or character arising out ofany Pollution Condition(s) (as defined below) that js in any way related to CONTRACTORs operations actions or inactions and completed operations associated with any work performed by Contractor its subcontractors or any of their respective employees agents representatives or officers under this Contract Coverage must be maintained for a minimum of twenty-four (24) months after the end of the Contract term or ifthe Contract js terminated fOr any reason fOr a minimum oftwentyshyfour (24) months fOllowing the date of termination The policy retroactive date will be no later than the Contract start date

Pollution Condition(s) means the djscharge dispersal release or escape of any solid liquid gaseous or thermal irritant or contaminant including but not limited to smoke sewage vaplrs soot fumes acids alkalis toxic chemicals medical waste and waste materials into or upon land the atmosphere or any watercourse or body of water including groundwater provided such conditions are not naturally present in the environment in the amounts or concentrations discovered

The Contradors Pollution Liability losurance will pay on behalf of the CONTRACTOR SAWS and the City of San Antonio all claims demands damages liabilities costs fees and expenses of any kind or character fOr bodily injury or death

190f21

property damage environmental or natural resource damage and any fines fees assessments or penalties of any kind assessed by any governmental department agency or commission that resuh from or are related to a Pollution Condition(s) Coverage will include all subcontractors hired by CONTRACIOR to perform any work under this Contract

The policy shall also include the fullowing provisions

I) Coverage fur bodily injury to include physical injury sickness disease mental anguish and emotional distress sustained by any person including death

2) All costs that are related to or that arise out of or from the investigation or adjustment of any claim or in connection with any court arbitration mediation state administrative hearing or other proceeding ofany kind including attorneys fees expert witness fees costs charges and expenses of any kind or character that arise out ofor that are related to a Pollution Condition(s)

3) Coverage shall be Primary and in addition to any other valid and collectible insurance carried by SAWS and the City of San Antonio as respects to this Contract

4) Coverage fur Natural Resource Damages and any fines fees penalties or assessments by any governmental agency commission or department related to any Pollution Condition(s)

5) Insured versus Insured exclusion if fuund in the policy shall not apply to a claim by an Insured who qualifies as a Client of the Named Insured under the policy

6) IfNon-Owned Disposal sites are used for disposal ofwastes these sites shall be specifically included under the Contractors Pollution Liability Insurance policy and

7) Coverage for punitive exemplary and multiple damages

Automobile Liability policy ofCONTRACIOR halliing QlJy quantityof fluorosilicic acid shall either be endorsed to provide coverage under the TE9948 endorsement or the Contractors Pollution Liability Insurance policy shall be endorsed to provide transportation coverage beyond the boundaries ofthe testing andor delivery site(s)

2 Contractor shall require Sub-contractors to carry insurance coverage appropriate to their scope ofWork

3 Contractor shall furnish a completed Certificate ofInsurance which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage limits and termination provisions shown thereon

4 The insurance that is required under these Specifications shall be written so that SAWS and the City will be notified in writing in the event of cancellation restrictive endorsement or nonshyrenewal at least thirty (30) days prior to such action

200[21

5 Certificates of Insurance shall be filed with the System 10 days prior to the SAWS Board of Trustees award of the Contract The SAWS Contract namelBid number shaD be included in the Description of Operations section located in the bottom half of the standard ACORD Certificate furms

Certificates shall be mailed to SAWS directly to

San Antonio Water System Attention PurchBSbtg Division P O Box 2449 San Antonio TeDs 78198-1449

Contractor shall be responsible fur obtaining Certificates of IDsunnce from the first tier Subshycontractor and upon request furnish copies to SAWS

6 Separate Certificates of Insurance shall be filed with the City ofSan Antonio] 0 days prior to the SAWS Board of Trustees award of the Contract The SAWS Contract namelBid number shaD be included in the Description of Operations section located in the bottom half of the standard ACORD Certificate furms

Certificates shall be mailed to the City ofSan Antonio directly to

City ofSan Antonio Attention Risk Management PO Box 39966 San Antonio TX 78283-3966

A copy of the certificate of insurance provided to the City of San Antonio shall be provided to SAWS at the same time

7 Contractor is responsible for all deductibles under all ofthe insurance policies reqilired by these Specifications

8 The stated limits of insurance required by these Specifications are MINIMUM ONLY and it shall be the Contractors responsibility to determine what limits are adequate and the length of time this coverage shall be maintained the insurance limits are not a limit of the Contractors liability

These minimum limits may be basic policy limits or any combination of basic limits and umbrella limits SAWS acceptance of Certificates of Insurance that in any respect do not comply with these Specifications does not release the Contractor from compliance herewith

9 Contractor agrees that an insurance policies required bYthese Specifications shall be with insurance companies firms or entities that have an AM Best rating of A- (A- minus) and a Financial Size Category rating of a VII or better All insurance policies shall be of an Occurrence type except the Contractors Pollution Liability line ofcoverage

210f21

10 SURVIVAL

Any and all representations conditions and warranties made by Contractor under this Contract including without limitation the provisions ofSection lb ie and Id ofthese Insurance Specifications are ofthe essence ofthis Contract and shall survive the execution and delivery of it and all stalernents contained in any document required by SAWS whether delivered at the time ofthe execution or al a later dale shall constitute representations and warranties hereunder

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PENCCO INC Pioneer Engineering Chemical Company

AFFIDAVIT OF COMPLIANCE

This is to certify that the Hydrofluorosilicic Acid supplied by our company meets A WWA Standard B703-00 or the latest revision and is certified to NSFANSI Standard NSF-60

Signature shy

R L Home President

Name and Title ofOfficial

142010

Date

PO BOX 600 bull SAN FELIPE TX 11473

PHONE 919-885-0005 bull 800-864-174~ bull FAX 979-885-3208

INPOPENCCOCON

NSF Certified Products - Public Water Supply Treatment Chemicals Page lof2

NSF

NSF Product and Service Listings

These Listings were Last Updated on Thursday Janulry 14 Z010 at 415 AM Eastern Time Please contact NSF International to confirm the status ofany Listing report errors or make suggestions

Wami NSF is COIIccncd abot fradu 1 d-loIIdilll d iplaUolI ofwcbsik tOIl Ifyou havo relaquorod Ihis listiar in lIrd copy ys rorafirm tllis ccrtlflcatleDilistlac Infonnlion lIy COilli diretlly to hHnllmywnrforclCertlfOCllP1Ch_ibullbullblListilAlpfCOIIIQlnyNme-peDccoamp for tho latest most eatntl ifonnatlon

NSFANSI STANDARD 60 Drinking Water Treatment Chemicalsmiddot Health Effects

----------~-----~

PENCCO INC PO BOX 600 SAN FELIPE TX 77473 800-864-1742 979-885-0005

Facility DISTRIBUTION CENTER - RICHMOND CA

Hydrofluosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid

Product Function Fluoridation Fluoridation

Max Use 6mgIL 6mgIL

Hydrofluosilicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - SOUTH GATE CA

HydrofluosUicir Acid Trade Designation Product FlUlCtion Max Use Fluorosilicic Acid Fluoridation 6mgIL Fluosilicic Acid Fluoridation 6mgIL Hydrofluosiiicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - WILLOW SPRINGS IL

Hydroftuosllicir Arid Trade Designation Product Fll1ICtion Max Use Fluorosilicic Acid Fluoridation 6mgIL F1uosilicic Acid Fluoridation 6mgIL Hydrofluosilicic Acid Fluoridation 6mgIL

httpwwwnsforglCertifiedlPwsChemicalslListingsaspCompanyName=pencooampTrade111412010

NSF Certified Products - Public Water Supply Treatment Chemicals Page 20f2

Facility D1STRI BUTION CENTER - BALTIMORE MD

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Facility DISTRIBUTION CENTER

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Product Function Fluoridation Fluoridation Fluoridation

SEALY TX

Product Function Fluoridation Fluoridation Fluoridation

Facility DISTRIBUTION CENTER - WAXAHACHIE TX

Hydrofluosilicic Acid Trade Designation FLUOROSILICIC ACID FLUOSJLlCJC ACID HYDROFLUOROSILlCJC ACID HYDROFLUOSILICIC ACID

Product Function Fluoridation Fluoridation Fluoridation Fluoridation

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL 6mgIL

Number ofmBlching Muufactun1ll is 1 Number ofmalching Products is 19 Processing time was 0 seconds

bull Search Listings bull NewsRoom I bull AboutNSF I bull ampnm I bull NSF Marl I bull Client Log-In

bull Privacy Poliey bull SiteMap I bull Reguest Info I bull Contact Us I bull Copyright C 2004 NSF International

httpwwwnsforglCertifiedlPwsChemicalslListingsaspCompanyName=penccoampTrade114120 10

PENCCO INC Pioneer Engineering Chemical Company

HydrofluorosiIicic Acid Bid QAlQC Info

Pencco meets AWWA Standards and is NSF Certified

Hydrofluorosilicic acid also known as HFS or FSA is a transparent colorless (water white to straw yellow) aqueous solution that is used in a variety of applications including the major end-use water treatment for fluoridation FSA is produced during the concentration of phosphoric acid in an evaporation process unique to the phosphate industry The vapor stream from the phosphoric acid reaction is scrubbed with water to form FSA from the naturally-occurring silica acid The final product is collected stored and tested prior to release for shipment Potential danger of contamination is minimized through compliance with NSF 60 NSF 60 typically checks sourlt)e product and any subsequent transfer before unloading into customer tanks

infopenccoCGm PO Bo 600 S Felipe Tens 77473-0600 9791885-0005 FAX 979f88S310ll

Refer FL-J43 September 2000

THE MANUFACTURE OF THE FLUORIDE CHEMICALS

All ofthe fluoride chemicals used in the US for water fluoridation sodium fluoride sodium fluorosilicate and fluorosilicic acid are useful byproducts of the phosphate fertilizer industry The manufacturing process produces two byproducts (I) a solid calcium sulfate (sheetrock CaS04) and (2) the gases hydrofluoric acid (HF) and silicon tetrafluoride (SiF4) A simplified explanation of the manufacturing process follows Apatite rock a calcium mineral found in central Florida is ground up and treated with sulfuric acid producing phosphoric acid and the two byproducts calcium sulfate and the two gas emissions These gases are captured by product recovery units (scrubbers) and condensed into 23 fluorosilicic acid Sodium fluoride and sodium fluorosilicate are made from this acid

The question of toxicity purity and risk to humans from the addition of fluoride chemicals to the drinking water sometimes arises Almost all of the over 40 water treatment chemicals that may be used at the water plant are toxic to humans in their concentrated form eg chlorine gas and the fluoride chemicals are no exception Added to the drinking water in very small amounts the fluoride chemicals dissociate virtually J 00 into their various components (ions) and are very stable safe and non-toxic

Opponents of water fluoridation have argued that the silicofluorides do not completely dissociate under conditions ofnormal water treatment and thus may cause health problems To counter these claims the basic chemistry of this dissociation has been carefully reviewed Scientists at the US Environmental Protection Agency (EPA) and CDC epidemiologists have examined the research that opponents of water fluoridation cite Both groups have concluded that these charges are not credible

The claim is sometimes made that no health studies exist on the silicofluoride chemicals used in water fluoridation That is correct We the scientific community do not study health effects of concentrated chemicals as put into water we study the health effects ofthe treated water Le what those chemicals become fluoride ion silicates and the hydrogen ion The health effects of fluoride have been analyzed by literally thousands of studies over SO years and have been found to be safe and effective in reducing tooth decay The EPA has not set any Maximum Contaminant Level (MCL) for the silicates as there is no known health concerns for them at the low concentrations found in drinking water Of course the measurement ofthe pH of the water determines the concentration of the hydrogen ion

Concern has been raised about the impurities in the fluoride chemicals The American Water Works Association (A WWA) a well-respected water supply industry association sets standards for all chemicals used in the water treatment plant including fluoride chemicals The A WWA standards are ANSJJ A WWA B701-99 (sodium fluoride) ANSJJ A WWA B702-99 (sodium

fluorosilicate) and ANSIIAWWA B703-00 (fluorosilicic acid) The National Sanitation Foundation (NSF) also sets standards and does product certification for products used in the water industry including fluoride chemicals ANSINSF Standard 60 sets standards for purity and provides testing and certification for the fluoride chemicals Standard 60 was developed by NSF and a consortium of associations including the A WWA and the American National Standards Institute (ANSI) This standard provides for product quality and safety assurance to prevent the addition of harmful levels of contaminants from water treatment chemicals More than 40 states have laws or regulations requiring product compliance with Standard 60 NSF tests the fluoride chemicals for the II regulated metal compounds that have an EPA MCL In order for a product [for example fluorosilicic acid] to meet certification standards regulated metal contaminants must be present at the tap [in the home] at a concentration ofless than ten percent of the MCL when added to drinking water at the recommended maximum use level The EPA has not set any MCL for the silicates as there is no known health concerns but Standard 60 has a Maximum Allowable Level (MAL) of 16 mgIL for sodium silicates as corrosion control agents primarily for turbidity reasons NSF tests have shown the silicates in the water samples from public water systems to be well below these levels

Arsenic according to NSF tests had an average of043 ugIL [parts per billion] in the drinking water attributable to the fluoride chemical Opflow a monthly magazine from the A WWA has found the arsenic level in the finished water from the fluorosilicic acid to be 0245 ugIL [OpflowVol 26 No 10October 2000] The NSF Standard 60 has a Maximum Allowable Level (MAL) of25 ugIL and EPA has a MCL of 50 ugIL although they have proposed to lower their MCL to 5 ugIL As you can see arsenic is less that III Oth ofeven the proposed EPA MCL Finally tests by NSF and other independent testing laboratories have shown no detectable levels

of radionuclides in product samples of fluoride chemicals There is no evidence that any of the known impurities in the fluoride chemicals have failed to meet any of these standards Opponents ofwater fluoridation have sometimes charged that industrial grade fluoride chemicals are used at the water plant instead ofpharmaceutical grade chemicals All the standards of AWWA ANSI and NSF apply to these industrial grade fluoride chemicals to ensure they are safe Phannaceutical grade fluoride compounds are not appropriate for water fluoridation they are used in the formulation of prescription drugs

Finally it is sometimes alleged that the fluoride from natural sources like calcium fluoride is better than fluorides added artificially such as from the fluoride chemicals presently used There is no difference There is no reason to change the opinion of CDC that water fluoridation is safe and effective

Thomas O Reeves PE National Fluoridation Engineer Program Services Branch Division ofOm] Health National Center for Chronic Disease Prevention and Health Promotion Centers for Disease Control and Prevention

2

8813 US Highway 41 South Riverview Florida 33569

EMERGENCY TELEPHONEmiddot CHEMTREC 1-800-424-9300

SECTION I PRODUCT INFORMATION

TRADE NAME Hydrofluosilicic Acid

CHEMICAL NAME I Hydrofluosilicic Acid

CAS NUMBER

CHEMICAL FAMILY

SYNONYMS

PRIMARY USE

SECTION II

FORMULA

COMPOSITION

SECTION III EMERGENCY OVERVIEW

16961-83-4

I norganic Fluorides

FluorosHicic Acid Hexafluosilicic Acid HFS FSA Auoridation of drinking water

COMPOSITION INFORMATION ON INGREDIENTS

H2SiF6

Hydrofluosilicic Acid 120-25

water 175-80

HAZARD IDENTIFICATION Large doses can cause nausea vomiting diarrhea abdominal buming and cramp-like pains Circulatory respiratory neNOUS complaints and skin rashes may occur Liquid

Health Hazards or vapor also causes severe irritation and bums Which will not be immediately apparent It also causes severe irritation to the lungs nose and throat If swallowed it can cause severe damage to throat and stomach

Physical Hazards Not applicable

Physical Form liquid

Appearance water White to straw yellow liquid

Odor Pungent

Toxicity Not identified as toxic by OSHA

NFPA HAZARD CLASS ~HAZARD CLAS Health 3

I Flammability 0

Instability Special Hazard 1

FlammabHity 1

Physical 2Hanrd

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOSt MOS16961061

POTENTiAl HEALTH EFFECTS

Acute - I Titant Chronic - Degenerative changes in the liver Fluorosis

POTENTIAl ENVIRONMENTAl EFFECTS

None listed

SECTION IV FIRST AID MEASURES

FIRST AID PROCEDURES

Eyes Invnediately flush with plenty of water for at least 15 minutes Get medical attention invnediately

Skin

Invnediately flush with plenty of water Remove contaminated clothing Discard contaminated clothing properly Get medical attention if irritation occurs or persists

Inhated Move to fresh air Administer oxygen Treat symptomatically Get medical attention promptly

Ingestion Give large quantities of water to patient if conscious 00 Not induca vomiting Seek medical attention promptly

NOTE TO PHYSICIAN Not applicable

SECTION V FIRE FIGHTING MEASURES

Flammable Properties

Flash Point Not applicable

Flammability Not applicable

LEUUEL Not applicable

Auto-Ignition Temperature

Not applicable

Extinguishing Media Small fires Water spray foam dry chemical or CO2

Large fires Water spray fog or foam

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOS MOS16961061

Wear selfcontained breathing apparatus with full protective clothing

Protection of Firefighters

Dangerous when heated to decomposition highly toxic and corrosive fumes of fluorides are emitted Will react with water or steam to produce toxic and COITOSive fumes May generate hydrogen in contact with some metals

SECTION VI

RESPONSE TECHNIQUES

ACCIDENTAL RELEASE MEASURES Small spills Contain spill and stop leak if it can be done without risk Use sodium carbonate or a mixture of soda ash and slaked lime sand or noncombustible absorbent material to soak up material Place in DOTmiddotapproved poly container and dispose of properly

Large spills Use same procedure as above Isolate spill area and deny entry Prevent discharge into waterways and sewers Material may be neutralized with sodium carbonate or a mixture of soda ash and slaked lime Contact proper local state or federal regulatory agencies to ascertain proper disposal techniques and procedures

All waste to be collected in a DOTmiddot IPOlY drum for disposal

= SECTION VII

HANDLING

HANDLING AND STORAGE

Avoid contact with eyes skin and clothing Wash thoroughly after handling Maintain proper hygiene practices when handling this product

STORAGE Use DOT-approved poly drum for storage

SECTION VIII EXPOSURE CONTROLS I PERSONAL PROTECTION

ENGINEERING CONTROLS

Eye wash and shaNer stations should be available where acid is being handled

PERSONAl PROTECTIVE EQUIPMENT (PPE)

EyelFace

Skin

Respiratory

Splash proof goggles and fullmiddotface shield should be worn at all times Acid proof gloves headgear protective shoes and clothing should be worn to Drevent contact Use respiratory for 20ppm or less concentration Use a self-contained breathing apparatus for concentrations of greater than 2Oppm

Other None

GENERAL HYGIENE CONSIDERA nONS

Avoid breathing fumes Avoid ingestion Wash thoroughly after handling Avoid contact with eyes or skin Use in adequate ventilation

EXPOSURE GUIDELINES

OSHA Permissible Exposure Limits (PEL) 25mgFm3

ACGIH Threshold Limit Value (TLV) 25 rng Fm3

Status New Issue ~ate February 3 2006 Section(s) Revised NlA MSDS MOS16961061

SECTION IX PHYSICAL AND CHEMICAL PROPERTIES

Note Unless othetWise stated values in this section are determined at 20middotC (68middotF) and 760 mm Hg (1 aim)

Flash Point Not applicable Flammabilityl Explosive Limits ()

Not applicable

Auto-Ignition Temperature

Not applicable

Appearance Water white to straw yellow liquid

Physical State Liquid

Odor Pungent Molecular Weight of Pure Material

14411g1mol

pH 12 Vapor Pressure (mmHg)

Not applicable

Vapor Density (air=1)

Not applicable

Boiling Point 2223 OF

FreezinglMelting Point Not applicable

Solubility in Water Not applicable 100 soluble in water

Specific Gravity 12

Volatility Not applicable

Bulk Density 98 Ibslfemiddot 25 Sol 77DF

SECTION X STABILITY AND REACTIVITY

Chemical Stability Stable

Conditions to Avoid Avoid all heat sources

Incompatible Materials Avoid contact with metals stoneware strong acids and alkalies explosives toxicants readily oxidizable materials alkali metals combustible solids and organic peroxides

Hazardous Decomposition Products

Extreme temperatures such as a fire cause formation of highly toxic and corrosive fumes of fluorides such as SiF and HF Hydrogen gas may be fonned at temperatures above 227DF

Corrosiveness Attacks silica bearing materials metals and stoneware Hazardous Polymerization

Will not occur

Status New Issue Date February 3 2006 Section(s) Revised NA MSDS MOS16961061

SECTION XI TOXICOLOGICAL INFORMATION

Acute Oral Toxicity 430 mgkg oral-rat LD50

Acute Dermal Toxicity 140 mgkg LOLo (Frog)

Mutagenesis No data available

Target Organ No data available

Developmental Toxicity No data available

Carcinogenicity No data available

SECTION XII ECOLOGICAL INFORMATION

ECOTOXfCOLOGY No data available

SECTION XIII DISPOSAL CONSIDERATIONS

Keep in covered DOT-approved poly drums pending disposal Handle and dispose in full compliance with an applicable Intemational Federal State and Local reQulations

SECTION XIV TRANSPORT INFO

Regulatory Status None established

Proper Shipping Name Hydrofluosilicic Acid

Hazard Class Class 8 (corrosive)

Packing Group II

Identification Number UN1778

Guide Number 154

SECTION XV REGULA TORY INFORMATION

CERClA Not Regulated RCRA 26133 Not Regulated

SARA TI11E III Section 302 Not Regulated (ExemptIons at 40 CFR Pan 370 may apply for agricuIIural use or lor quantllies of less

SectIon 304 Not Regulated Section 3111312 Acute and Chronic

than 10000 pounds _lie) Section 313 Not Regulated NTP tARC OSHA Recommended for Study IARC group 3 Not regulated by OSHA

(PSM) Canada OSL and NDSL On Inventory TSCA On Inventory

Status New Issue Date February 3 2006 SectIon(s) Revised NlA MSOS MOS16961061

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS Usted as Fluorosilicic Acid CBSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUED REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMATION THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are fumished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4001shy1998

Note to (if 8IlpicBble)

Status New Issue Date February 3 2006 Section(s) Revised NlA MSDS MOS16961061

I

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS listed as Fluorosilicic Acid CaSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUEO REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMAnoN THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are furnished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4OO1shy1998

Note to __ (d 8pP1icab1ei

Status New Issue Date February 3 2006 Section(s) Revised NJA MSDS MOS16961061

DATE IIlIMIOOIYYY) nleO

IROOIJ(EII 1-113-623-2330

ACORD CERTIFICATE OF LIABILITY INSURANCE I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERllFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR

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If the certifICate holder is an ADDITIONAl INSURED the poUcy(ies) must be endorsed A statement on this certificate does nol confer rights to the certifICate holder in lieu of such endorsement(s)

If SUBROGATION IS WAIVED subject to the teons and conditions of the poHcy certain policies may require an endorsement A statement on this certificate does not OJOfer rights to the certificate holder in lieu of such endorsement(s)

DISCLAIMER

The Certificate of Insurance on the reverse side of this foon does not constitute a contract between the issuing insurer(s) authorized representative or producer and the certificate holder nor does it affinnatively or negatively amend extend or alter the coverage alforded by the policies listed thereon

ACORD 25 (2001108)

SUPPLEMENT TO CERTIFICATE OF INSURANCE I DATE 11180

NAME 01 INSURED PCCO Inc

Addii2Jg1 Ducllio II 00eta1ionslRemafks 1m PWl 1middot

Adcionallnfulmatlon

Ihldornt Pora if Applicable

General Liability

IBOOVBPICOOl Blapkat Additioaal ImIurecl ~ OvDer8yen Le or CODtractor8 a reqlird by

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IB COY BUC 001 Blanket Wiy~ of SUbrogation bullbull required by writtall contraot 4

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SAN ANTONIO WATER SYSTEM P O BOX 2449

SAN ANTONIO TEXAS 78298middot2449 TABULATION OF BIDS

Annual Contract for Fluoroslficic Acid (February 2 2010 through February 1 2011) 300 pmbull January 19 2010

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2 1 ea 23 nominal Fluorosilicic Acid 55 pilon drum

UNIT PRICE 630

3 Split Delivery Fee (stop charge) 227 deliveries UNIT TOTAL 11000

4 Expediated Delivery UNIT PRICE 92500

APPRO~ATETOTAL TOTAL 50000000

Tenns

Delivery Days

1 20 days

5-6 days

1

BID INVITAnONS WERE MAUD TO ANDOR PICKED UP BY

Pennco SAWS Website Napea Chemical Cobull Inc Demandstar OXl UnivarUSA

Page 14: 331 Twisted Wood Dr.coalitionforsafemeters.org/TFSDW/PENNCO_Contract_2010.pdf · At the February 2,2010, meeting of the San Antonio Water System (SAWS) Board of Trustees, you were

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 12 No Pages 21

Item Estimated Unit Total _N--o___O--u--a--ntity-___________Description Price Amount

34 Right to Audit (lump sum contracts) SAWS or its designated agent shall have the right to audit at any time the Contract related records and associated documents of the Contractor and Subcontractor Such right to audit shall be for the determination of the accuracy and validity of the Contractors and Subcontractors billing to SAWS and for verifying compliance with other terms and conditions of the Contract

35 Contractor and Subcontractor shall maintain aU records required to be kept by law rule or regulation or records required to document performance of the services specified in the contract documents The records shall be maintained for the period required by law for a reasonable period in the absence of the applicable law or for two (2) yesrs after completion ofall services whichever is greater Contractor shall provide to SAWS copies of such records as provided in the contract documents or as reasonably requested by SAWS after performance of the service

36 It is expressly understood and agreed by both parties hereto that SAWS is contracting with the successful bidder as an independent contractor The parties hereto understand and agree that SAWS shall not be liable for any claims which may be asserted by any third party occurring in connection with the services to be performed by the successful bidder under this contract and that the successful bidder has no authority to bind SAWS

37 The successful bidder agnes to indemnifY and hold SAWS harmless from any claim involving patent infringement or copyrights on goods supplied

38 If insurance is required the minimum insurance to be maintained shaU he in accordance with SAWS Standard IDsIUIUICe Spedtkations Bidder should submit a draft Insurance Certificate with Bid The successful bidder shall furnish a completed Certificate of Insuraoce which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage limits and terminstion provisions shown thereon Successful bidder will be required to maintain at all times during performance of the contract the insurance detailed in this bid document

Certificate of Insurance shall be filed with the System no later than 5 days after notification ofpending award of contract and before starting any work Certificates should he mailed to the Purchasing Division San Antonio Water System P O Box 2449 San Antonio Texas 78298-2449 CONTRACfORs CertHkate shan refereDce the SAWS bid Dumber at time ofsDbmittaL

39 The successful bidder shall mail invoices to the SAWS Accounts Payable Section P O Box 2449 San Antonio Texas 78298-2449 Invoices for payments and correspondence for this contract must reference the SAWS purchase order number

40 No officer or employee of SAWS shall have a financial interest direct or indirect in any contract with SAWS or shall benefit financially directly or indirectly in the sale to SAWS of any materials supplies or services except on behalf of SAWS as an officer or employee In this instance a SAWS employee is defined as any employee ofSAWS who is required to file a financial involvement report pursuant to the Citys ethics ordiuance

41 Any successful supplier required to perform any type of construction or service related work at SAWS location as a result ofthis bid or proposal must comply with all requirements shown in SAWS Health and Safety Program

Pencco Inc Name a( Bidder (CIlnIpanyI (print 0lt type) SIgnmint a( person auI1oIized lo sign bid

Monica Avila Bid Sec

SAN ANTOMO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 13 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

and Security Procedure No 2-11 Copies can be obtained from the SAWS Safety Officer at (210) 233-3616 Failure to comply with this requirement shall deem project in non-compliance and may result in immediate termination with cause

42 Suppliers employees performing work or making deliveries on SAWS property other than for a one-time drop shipment will be required to provide their employees with a photo identification badge that includes the company name no exception

43 Bid exceptions will be cause for rejection ofany bid at the sole discretion of the Purchasing Director

44 SAWS reserves the right to award this bid to more than one supplier

45 Award ofall bids and RFPs will be based on Best Value as determined by SAWS

46 In the event the San Antonio Water System Board does not appropriate tuuds for continuation of this contract for any fiscal year after the first fiscal year and it has no funds to continue this contract from other sources SAWS shall be released from its obligations under this contract

47 If a third party is used to ship mercbandise the shipping documents MUST include all SAWS Purchase Order Numbers

Pencco Inc SignaIuIe _IW_ 0 ~n bid

Monica AV11a Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVfTATlON BID (continued)

Page No 14 No Pages 21

Item Estimated Unit Total No Quantity Desaiption Price Amount

Security Requirements

Contractor shall ensure a Prime Contractor Data Form (PCDF) and a Background Saeening Letter (provided by SAWS Security) is properly completed fopound all employees performing work under this Agncment and on file with the SAWS Security Office prior to work commencement Subcontractors perfurming wort must be listed on the PCDF Contractor shan be responsible for the accuracy of information on the PCDF and fOr obtaining any and all required items (badges and parking tags) necessary to fulfilling the work under this Agreement The PCDF must be sent electronically to SCluritywoup(llIIwsorg Contractor shall advise the SAWS Project Manager of any employee terminations or changes to personnel perfurming work under this Agreement and Contractor sball immediately turn in any and all badges andor parking tags of employees who are terminated or no longer perfOrming work under this Agncment If there are any changes in the infOrmation contained in the PCDF or the Background Screening Letters Contractor shall immediately notifY the SAWS Project Manager and provide updated PCDF and Background Screening Letters with copies to securitygroup[iSllwsorg

Contractor and its employees and agents shall obtain a SAWS photo identification badge (Contractors Badge) and parking tag if necessary prior to any work on SAWS property which shall be used only fopound plllJlO5CS necessary to perfurm the work under this Agreement SAWS Badge Office bours are Monday and Friday 100 pm to 500 pm (hours are subject to change) Security Staff can be contacted at (210) 233-3760 or (210) 233-3616 A replacement fee shan be charged to replace any lost or damaged badges or parking tags As a condition of final payment Contractor shall return all badges and parking tags to the Security 0 ffice In the event Contractor fails to return all security badges and parking tags in addition to any other rights or remedies to which SAWS may be entitled at law or in equity SAWS may withhold from payment to the Contractor the sum ofS50000 dollars per badge or parking tag as liquidated damages Contractor agrees that the actual amount of damages fOr failore to return the badges andor parking tags are difficult to determine and the liquidated damages herein are not a penalty but are a reasonable estimate of the costs and expenses that may be incurred by SAWS for failure to return the badges or parking tags

Certain designated SAWS facilities Oist with SAWS Security) require a SAWS employee to physically escort Contractor at all times SAWS may in its sole discretion waive the escort requirements if the PCDF and a clean Background Screening Letter signed by an authcrized representative ofContractor are approved by SAWS Security

Subcontractors must always be under escort of the Contractor while perfOrming wort on any SAWS designated primary facility (list with SAWS Security) Subcontractors must display either a company photo badge with name or a valid driven license at all times while working on any SAWS property Contractor is solely responsible for the actions of its employees agents contractors and subcontractors

Due to changing security environments Contractor MUST be prepared fOr additional security requirements at its expense including background checks AiJy person fuund to have an unacceptable background check (as determined by SAWS review of submitted paperwork or other infurmation provided to or obtained by SAWS) will not be allowed to pertbrm work under this Agreement or on SAWS facilities Notwithatanding anything herein to the contrary any provisions in these Security Procedures that may appear to give SAWS the right to direct Contractor as to details ofdoing any work under this Agreement or to exercise a measure of control over any security measures or such work shall be deemed to mean that Contractor shall fullow the desires of SAWS in the resatD ofthe work or security measures only

Advance coordination by Contractor with SAWS Security office for these security requirements is necessary to ensure no delays with timely perfurmance of the work In the event Contractor fails to comply with SAWS Security requirements SAWS may with no penalty or claim against SAWS issue a Work Stoppage Order until the security violation (s) are remedied

PenCCD Inc Name ofBidder (~) (print or type) SiaoIIure at r$OIIJMh~ to IiIII bict

-MDn~ca Av~~a H10 Sec

~--------

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

____________F_O_RMAL_~IIMTAnON BID (continued)

Page No 15 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

IMPORTANT MAILING INSTRUCTIONS

Mark Envelope

DID NAME FLUOROSILICIC ACID

DID No 10-2088

OPENING DATE JANUARY 192010 TIME 900 AM

MAIL TO DELIVER TO

Purchasing Division Purchasing Division San Antonio Water System San Antonio Water System P O Box 2449 2800 US Hwy 281 North San Antonio Texas 78298-2449 San Antonio Texas 78212

NOTE It is the bidders responsibility to ensure that bids are received in the prescribed manner by the stated date and hour ofthe bid opening

-------------------------------------------Pencco Inc

SIIn8IIn of iIUtII_ IIgt sign bid Monica Avila Bid Sec

___

170f21

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(a) _____ -__

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~CI aMrd d IMt conIrICt SAWS IhtI hMoe rtght to CiInCIId oniIrs upon 01 ConIJ-=- to dIIIiyenIty n in 1WGPQUf SAWS SfIM 8110 h8we ~ rigtIt to 0Idet naeriilh ~ COIJ1IIIRIbIedelSilnandqu8ltyittequtltDa~itIIClIdIIdkardIno~frclMiWIy~~nIlOchCotII forcIfknnce~ofmateriamp~

2 PREPARATION Of lIDS 81C11 be tftPIAdlftllCClOfdne ~ () TheBiddlt fumtsh 81 1nreIohdbythe tidbm TtIe bidder pitfor typIthlSfInd 1NIIIoII~tndal~1I ShIM Gnwbkttentry 1$ madre (b lNprioes betLflaiMt -rar_nIiortCII UIilprice ~

(e)(d) Where____ ~cfbull ______ and l1li kWIIIIIaft tor bid IIIppnMIcf ~ hie br~ nat so cleItoIIJIIMtd yenIIiJI rQ be ~~-_ unfeU autuiud in wi1in by U connctinDafIIJcwIlhIn ttwtt- JIiot apeMIJ

(e) 8ktders lrdincUtlildlnl_inllld tinceSAWSIltomPllVlltGf A_~~wbeUnlshed~

DIIOIIPTIOII Of IUPllElIMIt __ or ~ f1IIInncIa in-dIKIbIg ltemll~ and nat restrlclMGIifIIIrwiM -d cnyto tndc_ al(I qJIIty of lTIIIleria WMn itent ~ dffer in ~__--_ _ _ _ _d_ oonose _ _ ___

4 QUAIITfTItS 81cfid1rs laquo~~CUtng ~IIIIIffOd nclCIIIcutMItt ~ poIIyOlSAWShoMverbullbull OI~blqInoaldCCJhdlng1O tS1IItbin Oftclull~CI~_ OI IIICII1tlfIIch~wtd aan-certlln __ CIIiIIulIJIedDft dlUllliBafa~ ehttlTight~ ~ccntractperiDd_S tlIMglUCt-PWiOCtSAWStnl~dIO_ ~any(JthelllmlarfMYdIIIIte or__ _the tIld~cr~ __ Undlrlivdl cannel_ _ __ __ __ __-

tudI~pIQpOHId on bISAWS~righltobld~inSAWfr~middot bull An~bkIdIIMd_cnWllhkhilimcrtlof tidillt ~ IIIsI then bull h ITWlel ptce or tIkIderI COlt _ aID n- tiddlllr GIll OWIQII tid but crI bull ~ alae-r SAWS resene riOM to8 ita ~RtctfliUi(jtbkI~ 1f1fldl twd ~SAWS 1heCOf1htt $AW$retii8fWSto~ar aud1i1enwfnlm~tobe~ orWCllk II) be

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__(b) __hllNOfmaeialar_ tidon- CtSAWS0IAIidt_ tel ~IIIUIt alJbMllledwltNntlll_~ ftO tI)SAWS IfnolOyenedorused dIrinQ ber~upanbullbulltidOInaplfllbull ___OIII11OD11CAllOH Of 81)8

BtrtlbeIme fOr bltdtlJlWllt9the ~Of~OfIctit ~ JftDiIIIMf~rWIII1ce~lUChlllGle8 reeehoedpiorlO IImt_dIiWI Ntfar tido~ oe-wu andmodlcltanalaquo ~ receMdfm1 _tor tfdopllllllrG tJensmedunopene4

1 DIIICOlJNTS () PfIynwtt cb~ wI1 be rcnkIIrMin ng d~1Dd of dlCOILIt cPftnd 1amp StftciIRto paymenllIIIhI aUCh period in CGIntI dtluslness The I1IIIUe of ~~

8IsGbII~IC1 (b) canon Mh any ~t1IIWbull be ~flaquom ell ~ Of IampCIPIes orJehlCe laquohrfn carrea1IWCice Isrtclliilled ~ dille ~iI dttmedtobe INIdI

on1he date 01 nIIng of the cfIeeIL SElLERS 11_() __ ___ __ ___5-__- _O Nobull __ _ _

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10 AyenfARD OF CCraquofTRACTr) The Connctthe bIdIiIr tJld~tothe ~_bIdl1I naI toSAWS b BIdders -dngOl~ablcfis~cI andDty~ The clwd1~(1) _ __-_

(2) _SAWS-_____ _ __

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(1) 1IojIIcI(2) ___ _ _

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17of21

SAWS STANDARD INSURANCE SPECIFICATIONS (Specifications)

I Commencing on the date of this Contract the Contractor shall at his own expense purchase maintain and keep in force such insurance as will protect him and the San Antonio Water System (SAWS) and the City of San Antonio (the City) and their employees and agents from claims which may arise out of or result from his operations under this Contract whether such operations are by himself by any sub-contractor supplier or by anyone directly or indirectly employed by any of them or by anyone fur whose acts any of them may be liable including without limitation the following

a Worken CompensatioD (WC) insurance that will protect the Contractor SAWS and the City from claims under statutory Workers Compensation laws disability laws or such other employee benefit laws and that will fulfill the requirements of the jurisdiction in which the work is to be pertbrmed

This insurance shall be endorsed to provide a Waiver of SubrogatioD in favor of SAWS and the City with respect to both this insurance coverage and the Employen Liability (EL) insurance (as specified immediately below in section lb)

b Employen Liability (EL) insurance (Coverage B under standard Workers Compensation policy) that will protect the Contractor SAWS and the City fur damages because of bodily injury sickness disease of vendors employees apart from that imposed by Workers Compensation laws The employers liability insurance shall have minimum limits ofliability ofnot less than

$ 100000000 Bodily Injury by Accident 100000000 Bodily Injury by Disease - Each Employee 100000000 Bodily Injury by Disease - Policy Limit

c Commerdal General Liability (CGL) insurance that will protect the Contractor SAWS and the City from claims fur damages because of bodily injury personal injury sickness disease or death and insurance that wilt protect the Contractor SAWS and the City from claims fur damages to or destruction of tangible property ofothers including loss ofuse thereof

This coverage shall

bull Cover independent contractors

bull Not include any exclusions relating to blasting explosion collapse ofbuildings or damage to underground property where applicable

bull Afford coverage fur Products Liabilityandor Completed Operations and Contractual Liability

The minimum limits ofliability fur this coverage shall be

$ 100000000 Occurrence Limit 200000000 General Aggregate

180f21

100000000 ProductsCompleted Operations Aggregate 100000000 Personal and Advertising Injury

5000000 Fire Legal Liability 100000000 Contractual Liability

This insurance shall be endorsed

bull Naming SAWS and the City as an Additionallosured and

bull To provide a Waiver of Subrogation in favor ofSAWS and the City

d Comprehensive Automobile Liability (AL) insurance that will protect the Contractor SAWS and the City from claims for damages arising out ofthe maintenance operation or use of any owned non-owned or hired vehicles Minimum limits of liability for bodily injury and property damage combined shall be not less than $100000000 per each occurrence

This insurance shall be endorsed

bull Naming SAWS and the City as an Additional Insured and

bull To provide a Waiver of Subrogation in favor ofSA WS and the City

e Umbrella LiabiUty (UL) insurance in the amount ofS200000000 This policy shall be ofan Occurrence type and the limit of liability shall be concurrent with (following form) and in excess of the EL CGL and AL insurance coverage as descnbed in paragraphs lb lc and Id above

f Contractors Pollution Liability Insuraoce with limits of $1000000 per occurrencelS2000000 in the aggregate The policy shall provide claims made coverage for all claims liabilities damages costs fees and expenses of any kind or character arising out ofany Pollution Condition(s) (as defined below) that js in any way related to CONTRACTORs operations actions or inactions and completed operations associated with any work performed by Contractor its subcontractors or any of their respective employees agents representatives or officers under this Contract Coverage must be maintained for a minimum of twenty-four (24) months after the end of the Contract term or ifthe Contract js terminated fOr any reason fOr a minimum oftwentyshyfour (24) months fOllowing the date of termination The policy retroactive date will be no later than the Contract start date

Pollution Condition(s) means the djscharge dispersal release or escape of any solid liquid gaseous or thermal irritant or contaminant including but not limited to smoke sewage vaplrs soot fumes acids alkalis toxic chemicals medical waste and waste materials into or upon land the atmosphere or any watercourse or body of water including groundwater provided such conditions are not naturally present in the environment in the amounts or concentrations discovered

The Contradors Pollution Liability losurance will pay on behalf of the CONTRACTOR SAWS and the City of San Antonio all claims demands damages liabilities costs fees and expenses of any kind or character fOr bodily injury or death

190f21

property damage environmental or natural resource damage and any fines fees assessments or penalties of any kind assessed by any governmental department agency or commission that resuh from or are related to a Pollution Condition(s) Coverage will include all subcontractors hired by CONTRACIOR to perform any work under this Contract

The policy shall also include the fullowing provisions

I) Coverage fur bodily injury to include physical injury sickness disease mental anguish and emotional distress sustained by any person including death

2) All costs that are related to or that arise out of or from the investigation or adjustment of any claim or in connection with any court arbitration mediation state administrative hearing or other proceeding ofany kind including attorneys fees expert witness fees costs charges and expenses of any kind or character that arise out ofor that are related to a Pollution Condition(s)

3) Coverage shall be Primary and in addition to any other valid and collectible insurance carried by SAWS and the City of San Antonio as respects to this Contract

4) Coverage fur Natural Resource Damages and any fines fees penalties or assessments by any governmental agency commission or department related to any Pollution Condition(s)

5) Insured versus Insured exclusion if fuund in the policy shall not apply to a claim by an Insured who qualifies as a Client of the Named Insured under the policy

6) IfNon-Owned Disposal sites are used for disposal ofwastes these sites shall be specifically included under the Contractors Pollution Liability Insurance policy and

7) Coverage for punitive exemplary and multiple damages

Automobile Liability policy ofCONTRACIOR halliing QlJy quantityof fluorosilicic acid shall either be endorsed to provide coverage under the TE9948 endorsement or the Contractors Pollution Liability Insurance policy shall be endorsed to provide transportation coverage beyond the boundaries ofthe testing andor delivery site(s)

2 Contractor shall require Sub-contractors to carry insurance coverage appropriate to their scope ofWork

3 Contractor shall furnish a completed Certificate ofInsurance which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage limits and termination provisions shown thereon

4 The insurance that is required under these Specifications shall be written so that SAWS and the City will be notified in writing in the event of cancellation restrictive endorsement or nonshyrenewal at least thirty (30) days prior to such action

200[21

5 Certificates of Insurance shall be filed with the System 10 days prior to the SAWS Board of Trustees award of the Contract The SAWS Contract namelBid number shaD be included in the Description of Operations section located in the bottom half of the standard ACORD Certificate furms

Certificates shall be mailed to SAWS directly to

San Antonio Water System Attention PurchBSbtg Division P O Box 2449 San Antonio TeDs 78198-1449

Contractor shall be responsible fur obtaining Certificates of IDsunnce from the first tier Subshycontractor and upon request furnish copies to SAWS

6 Separate Certificates of Insurance shall be filed with the City ofSan Antonio] 0 days prior to the SAWS Board of Trustees award of the Contract The SAWS Contract namelBid number shaD be included in the Description of Operations section located in the bottom half of the standard ACORD Certificate furms

Certificates shall be mailed to the City ofSan Antonio directly to

City ofSan Antonio Attention Risk Management PO Box 39966 San Antonio TX 78283-3966

A copy of the certificate of insurance provided to the City of San Antonio shall be provided to SAWS at the same time

7 Contractor is responsible for all deductibles under all ofthe insurance policies reqilired by these Specifications

8 The stated limits of insurance required by these Specifications are MINIMUM ONLY and it shall be the Contractors responsibility to determine what limits are adequate and the length of time this coverage shall be maintained the insurance limits are not a limit of the Contractors liability

These minimum limits may be basic policy limits or any combination of basic limits and umbrella limits SAWS acceptance of Certificates of Insurance that in any respect do not comply with these Specifications does not release the Contractor from compliance herewith

9 Contractor agrees that an insurance policies required bYthese Specifications shall be with insurance companies firms or entities that have an AM Best rating of A- (A- minus) and a Financial Size Category rating of a VII or better All insurance policies shall be of an Occurrence type except the Contractors Pollution Liability line ofcoverage

210f21

10 SURVIVAL

Any and all representations conditions and warranties made by Contractor under this Contract including without limitation the provisions ofSection lb ie and Id ofthese Insurance Specifications are ofthe essence ofthis Contract and shall survive the execution and delivery of it and all stalernents contained in any document required by SAWS whether delivered at the time ofthe execution or al a later dale shall constitute representations and warranties hereunder

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PENCCO INC Pioneer Engineering Chemical Company

AFFIDAVIT OF COMPLIANCE

This is to certify that the Hydrofluorosilicic Acid supplied by our company meets A WWA Standard B703-00 or the latest revision and is certified to NSFANSI Standard NSF-60

Signature shy

R L Home President

Name and Title ofOfficial

142010

Date

PO BOX 600 bull SAN FELIPE TX 11473

PHONE 919-885-0005 bull 800-864-174~ bull FAX 979-885-3208

INPOPENCCOCON

NSF Certified Products - Public Water Supply Treatment Chemicals Page lof2

NSF

NSF Product and Service Listings

These Listings were Last Updated on Thursday Janulry 14 Z010 at 415 AM Eastern Time Please contact NSF International to confirm the status ofany Listing report errors or make suggestions

Wami NSF is COIIccncd abot fradu 1 d-loIIdilll d iplaUolI ofwcbsik tOIl Ifyou havo relaquorod Ihis listiar in lIrd copy ys rorafirm tllis ccrtlflcatleDilistlac Infonnlion lIy COilli diretlly to hHnllmywnrforclCertlfOCllP1Ch_ibullbullblListilAlpfCOIIIQlnyNme-peDccoamp for tho latest most eatntl ifonnatlon

NSFANSI STANDARD 60 Drinking Water Treatment Chemicalsmiddot Health Effects

----------~-----~

PENCCO INC PO BOX 600 SAN FELIPE TX 77473 800-864-1742 979-885-0005

Facility DISTRIBUTION CENTER - RICHMOND CA

Hydrofluosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid

Product Function Fluoridation Fluoridation

Max Use 6mgIL 6mgIL

Hydrofluosilicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - SOUTH GATE CA

HydrofluosUicir Acid Trade Designation Product FlUlCtion Max Use Fluorosilicic Acid Fluoridation 6mgIL Fluosilicic Acid Fluoridation 6mgIL Hydrofluosiiicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - WILLOW SPRINGS IL

Hydroftuosllicir Arid Trade Designation Product Fll1ICtion Max Use Fluorosilicic Acid Fluoridation 6mgIL F1uosilicic Acid Fluoridation 6mgIL Hydrofluosilicic Acid Fluoridation 6mgIL

httpwwwnsforglCertifiedlPwsChemicalslListingsaspCompanyName=pencooampTrade111412010

NSF Certified Products - Public Water Supply Treatment Chemicals Page 20f2

Facility D1STRI BUTION CENTER - BALTIMORE MD

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Facility DISTRIBUTION CENTER

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Product Function Fluoridation Fluoridation Fluoridation

SEALY TX

Product Function Fluoridation Fluoridation Fluoridation

Facility DISTRIBUTION CENTER - WAXAHACHIE TX

Hydrofluosilicic Acid Trade Designation FLUOROSILICIC ACID FLUOSJLlCJC ACID HYDROFLUOROSILlCJC ACID HYDROFLUOSILICIC ACID

Product Function Fluoridation Fluoridation Fluoridation Fluoridation

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL 6mgIL

Number ofmBlching Muufactun1ll is 1 Number ofmalching Products is 19 Processing time was 0 seconds

bull Search Listings bull NewsRoom I bull AboutNSF I bull ampnm I bull NSF Marl I bull Client Log-In

bull Privacy Poliey bull SiteMap I bull Reguest Info I bull Contact Us I bull Copyright C 2004 NSF International

httpwwwnsforglCertifiedlPwsChemicalslListingsaspCompanyName=penccoampTrade114120 10

PENCCO INC Pioneer Engineering Chemical Company

HydrofluorosiIicic Acid Bid QAlQC Info

Pencco meets AWWA Standards and is NSF Certified

Hydrofluorosilicic acid also known as HFS or FSA is a transparent colorless (water white to straw yellow) aqueous solution that is used in a variety of applications including the major end-use water treatment for fluoridation FSA is produced during the concentration of phosphoric acid in an evaporation process unique to the phosphate industry The vapor stream from the phosphoric acid reaction is scrubbed with water to form FSA from the naturally-occurring silica acid The final product is collected stored and tested prior to release for shipment Potential danger of contamination is minimized through compliance with NSF 60 NSF 60 typically checks sourlt)e product and any subsequent transfer before unloading into customer tanks

infopenccoCGm PO Bo 600 S Felipe Tens 77473-0600 9791885-0005 FAX 979f88S310ll

Refer FL-J43 September 2000

THE MANUFACTURE OF THE FLUORIDE CHEMICALS

All ofthe fluoride chemicals used in the US for water fluoridation sodium fluoride sodium fluorosilicate and fluorosilicic acid are useful byproducts of the phosphate fertilizer industry The manufacturing process produces two byproducts (I) a solid calcium sulfate (sheetrock CaS04) and (2) the gases hydrofluoric acid (HF) and silicon tetrafluoride (SiF4) A simplified explanation of the manufacturing process follows Apatite rock a calcium mineral found in central Florida is ground up and treated with sulfuric acid producing phosphoric acid and the two byproducts calcium sulfate and the two gas emissions These gases are captured by product recovery units (scrubbers) and condensed into 23 fluorosilicic acid Sodium fluoride and sodium fluorosilicate are made from this acid

The question of toxicity purity and risk to humans from the addition of fluoride chemicals to the drinking water sometimes arises Almost all of the over 40 water treatment chemicals that may be used at the water plant are toxic to humans in their concentrated form eg chlorine gas and the fluoride chemicals are no exception Added to the drinking water in very small amounts the fluoride chemicals dissociate virtually J 00 into their various components (ions) and are very stable safe and non-toxic

Opponents of water fluoridation have argued that the silicofluorides do not completely dissociate under conditions ofnormal water treatment and thus may cause health problems To counter these claims the basic chemistry of this dissociation has been carefully reviewed Scientists at the US Environmental Protection Agency (EPA) and CDC epidemiologists have examined the research that opponents of water fluoridation cite Both groups have concluded that these charges are not credible

The claim is sometimes made that no health studies exist on the silicofluoride chemicals used in water fluoridation That is correct We the scientific community do not study health effects of concentrated chemicals as put into water we study the health effects ofthe treated water Le what those chemicals become fluoride ion silicates and the hydrogen ion The health effects of fluoride have been analyzed by literally thousands of studies over SO years and have been found to be safe and effective in reducing tooth decay The EPA has not set any Maximum Contaminant Level (MCL) for the silicates as there is no known health concerns for them at the low concentrations found in drinking water Of course the measurement ofthe pH of the water determines the concentration of the hydrogen ion

Concern has been raised about the impurities in the fluoride chemicals The American Water Works Association (A WWA) a well-respected water supply industry association sets standards for all chemicals used in the water treatment plant including fluoride chemicals The A WWA standards are ANSJJ A WWA B701-99 (sodium fluoride) ANSJJ A WWA B702-99 (sodium

fluorosilicate) and ANSIIAWWA B703-00 (fluorosilicic acid) The National Sanitation Foundation (NSF) also sets standards and does product certification for products used in the water industry including fluoride chemicals ANSINSF Standard 60 sets standards for purity and provides testing and certification for the fluoride chemicals Standard 60 was developed by NSF and a consortium of associations including the A WWA and the American National Standards Institute (ANSI) This standard provides for product quality and safety assurance to prevent the addition of harmful levels of contaminants from water treatment chemicals More than 40 states have laws or regulations requiring product compliance with Standard 60 NSF tests the fluoride chemicals for the II regulated metal compounds that have an EPA MCL In order for a product [for example fluorosilicic acid] to meet certification standards regulated metal contaminants must be present at the tap [in the home] at a concentration ofless than ten percent of the MCL when added to drinking water at the recommended maximum use level The EPA has not set any MCL for the silicates as there is no known health concerns but Standard 60 has a Maximum Allowable Level (MAL) of 16 mgIL for sodium silicates as corrosion control agents primarily for turbidity reasons NSF tests have shown the silicates in the water samples from public water systems to be well below these levels

Arsenic according to NSF tests had an average of043 ugIL [parts per billion] in the drinking water attributable to the fluoride chemical Opflow a monthly magazine from the A WWA has found the arsenic level in the finished water from the fluorosilicic acid to be 0245 ugIL [OpflowVol 26 No 10October 2000] The NSF Standard 60 has a Maximum Allowable Level (MAL) of25 ugIL and EPA has a MCL of 50 ugIL although they have proposed to lower their MCL to 5 ugIL As you can see arsenic is less that III Oth ofeven the proposed EPA MCL Finally tests by NSF and other independent testing laboratories have shown no detectable levels

of radionuclides in product samples of fluoride chemicals There is no evidence that any of the known impurities in the fluoride chemicals have failed to meet any of these standards Opponents ofwater fluoridation have sometimes charged that industrial grade fluoride chemicals are used at the water plant instead ofpharmaceutical grade chemicals All the standards of AWWA ANSI and NSF apply to these industrial grade fluoride chemicals to ensure they are safe Phannaceutical grade fluoride compounds are not appropriate for water fluoridation they are used in the formulation of prescription drugs

Finally it is sometimes alleged that the fluoride from natural sources like calcium fluoride is better than fluorides added artificially such as from the fluoride chemicals presently used There is no difference There is no reason to change the opinion of CDC that water fluoridation is safe and effective

Thomas O Reeves PE National Fluoridation Engineer Program Services Branch Division ofOm] Health National Center for Chronic Disease Prevention and Health Promotion Centers for Disease Control and Prevention

2

8813 US Highway 41 South Riverview Florida 33569

EMERGENCY TELEPHONEmiddot CHEMTREC 1-800-424-9300

SECTION I PRODUCT INFORMATION

TRADE NAME Hydrofluosilicic Acid

CHEMICAL NAME I Hydrofluosilicic Acid

CAS NUMBER

CHEMICAL FAMILY

SYNONYMS

PRIMARY USE

SECTION II

FORMULA

COMPOSITION

SECTION III EMERGENCY OVERVIEW

16961-83-4

I norganic Fluorides

FluorosHicic Acid Hexafluosilicic Acid HFS FSA Auoridation of drinking water

COMPOSITION INFORMATION ON INGREDIENTS

H2SiF6

Hydrofluosilicic Acid 120-25

water 175-80

HAZARD IDENTIFICATION Large doses can cause nausea vomiting diarrhea abdominal buming and cramp-like pains Circulatory respiratory neNOUS complaints and skin rashes may occur Liquid

Health Hazards or vapor also causes severe irritation and bums Which will not be immediately apparent It also causes severe irritation to the lungs nose and throat If swallowed it can cause severe damage to throat and stomach

Physical Hazards Not applicable

Physical Form liquid

Appearance water White to straw yellow liquid

Odor Pungent

Toxicity Not identified as toxic by OSHA

NFPA HAZARD CLASS ~HAZARD CLAS Health 3

I Flammability 0

Instability Special Hazard 1

FlammabHity 1

Physical 2Hanrd

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOSt MOS16961061

POTENTiAl HEALTH EFFECTS

Acute - I Titant Chronic - Degenerative changes in the liver Fluorosis

POTENTIAl ENVIRONMENTAl EFFECTS

None listed

SECTION IV FIRST AID MEASURES

FIRST AID PROCEDURES

Eyes Invnediately flush with plenty of water for at least 15 minutes Get medical attention invnediately

Skin

Invnediately flush with plenty of water Remove contaminated clothing Discard contaminated clothing properly Get medical attention if irritation occurs or persists

Inhated Move to fresh air Administer oxygen Treat symptomatically Get medical attention promptly

Ingestion Give large quantities of water to patient if conscious 00 Not induca vomiting Seek medical attention promptly

NOTE TO PHYSICIAN Not applicable

SECTION V FIRE FIGHTING MEASURES

Flammable Properties

Flash Point Not applicable

Flammability Not applicable

LEUUEL Not applicable

Auto-Ignition Temperature

Not applicable

Extinguishing Media Small fires Water spray foam dry chemical or CO2

Large fires Water spray fog or foam

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOS MOS16961061

Wear selfcontained breathing apparatus with full protective clothing

Protection of Firefighters

Dangerous when heated to decomposition highly toxic and corrosive fumes of fluorides are emitted Will react with water or steam to produce toxic and COITOSive fumes May generate hydrogen in contact with some metals

SECTION VI

RESPONSE TECHNIQUES

ACCIDENTAL RELEASE MEASURES Small spills Contain spill and stop leak if it can be done without risk Use sodium carbonate or a mixture of soda ash and slaked lime sand or noncombustible absorbent material to soak up material Place in DOTmiddotapproved poly container and dispose of properly

Large spills Use same procedure as above Isolate spill area and deny entry Prevent discharge into waterways and sewers Material may be neutralized with sodium carbonate or a mixture of soda ash and slaked lime Contact proper local state or federal regulatory agencies to ascertain proper disposal techniques and procedures

All waste to be collected in a DOTmiddot IPOlY drum for disposal

= SECTION VII

HANDLING

HANDLING AND STORAGE

Avoid contact with eyes skin and clothing Wash thoroughly after handling Maintain proper hygiene practices when handling this product

STORAGE Use DOT-approved poly drum for storage

SECTION VIII EXPOSURE CONTROLS I PERSONAL PROTECTION

ENGINEERING CONTROLS

Eye wash and shaNer stations should be available where acid is being handled

PERSONAl PROTECTIVE EQUIPMENT (PPE)

EyelFace

Skin

Respiratory

Splash proof goggles and fullmiddotface shield should be worn at all times Acid proof gloves headgear protective shoes and clothing should be worn to Drevent contact Use respiratory for 20ppm or less concentration Use a self-contained breathing apparatus for concentrations of greater than 2Oppm

Other None

GENERAL HYGIENE CONSIDERA nONS

Avoid breathing fumes Avoid ingestion Wash thoroughly after handling Avoid contact with eyes or skin Use in adequate ventilation

EXPOSURE GUIDELINES

OSHA Permissible Exposure Limits (PEL) 25mgFm3

ACGIH Threshold Limit Value (TLV) 25 rng Fm3

Status New Issue ~ate February 3 2006 Section(s) Revised NlA MSDS MOS16961061

SECTION IX PHYSICAL AND CHEMICAL PROPERTIES

Note Unless othetWise stated values in this section are determined at 20middotC (68middotF) and 760 mm Hg (1 aim)

Flash Point Not applicable Flammabilityl Explosive Limits ()

Not applicable

Auto-Ignition Temperature

Not applicable

Appearance Water white to straw yellow liquid

Physical State Liquid

Odor Pungent Molecular Weight of Pure Material

14411g1mol

pH 12 Vapor Pressure (mmHg)

Not applicable

Vapor Density (air=1)

Not applicable

Boiling Point 2223 OF

FreezinglMelting Point Not applicable

Solubility in Water Not applicable 100 soluble in water

Specific Gravity 12

Volatility Not applicable

Bulk Density 98 Ibslfemiddot 25 Sol 77DF

SECTION X STABILITY AND REACTIVITY

Chemical Stability Stable

Conditions to Avoid Avoid all heat sources

Incompatible Materials Avoid contact with metals stoneware strong acids and alkalies explosives toxicants readily oxidizable materials alkali metals combustible solids and organic peroxides

Hazardous Decomposition Products

Extreme temperatures such as a fire cause formation of highly toxic and corrosive fumes of fluorides such as SiF and HF Hydrogen gas may be fonned at temperatures above 227DF

Corrosiveness Attacks silica bearing materials metals and stoneware Hazardous Polymerization

Will not occur

Status New Issue Date February 3 2006 Section(s) Revised NA MSDS MOS16961061

SECTION XI TOXICOLOGICAL INFORMATION

Acute Oral Toxicity 430 mgkg oral-rat LD50

Acute Dermal Toxicity 140 mgkg LOLo (Frog)

Mutagenesis No data available

Target Organ No data available

Developmental Toxicity No data available

Carcinogenicity No data available

SECTION XII ECOLOGICAL INFORMATION

ECOTOXfCOLOGY No data available

SECTION XIII DISPOSAL CONSIDERATIONS

Keep in covered DOT-approved poly drums pending disposal Handle and dispose in full compliance with an applicable Intemational Federal State and Local reQulations

SECTION XIV TRANSPORT INFO

Regulatory Status None established

Proper Shipping Name Hydrofluosilicic Acid

Hazard Class Class 8 (corrosive)

Packing Group II

Identification Number UN1778

Guide Number 154

SECTION XV REGULA TORY INFORMATION

CERClA Not Regulated RCRA 26133 Not Regulated

SARA TI11E III Section 302 Not Regulated (ExemptIons at 40 CFR Pan 370 may apply for agricuIIural use or lor quantllies of less

SectIon 304 Not Regulated Section 3111312 Acute and Chronic

than 10000 pounds _lie) Section 313 Not Regulated NTP tARC OSHA Recommended for Study IARC group 3 Not regulated by OSHA

(PSM) Canada OSL and NDSL On Inventory TSCA On Inventory

Status New Issue Date February 3 2006 SectIon(s) Revised NlA MSOS MOS16961061

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS Usted as Fluorosilicic Acid CBSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUED REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMATION THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are fumished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4001shy1998

Note to (if 8IlpicBble)

Status New Issue Date February 3 2006 Section(s) Revised NlA MSDS MOS16961061

I

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS listed as Fluorosilicic Acid CaSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUEO REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMAnoN THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are furnished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4OO1shy1998

Note to __ (d 8pP1icab1ei

Status New Issue Date February 3 2006 Section(s) Revised NJA MSDS MOS16961061

DATE IIlIMIOOIYYY) nleO

IROOIJ(EII 1-113-623-2330

ACORD CERTIFICATE OF LIABILITY INSURANCE I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERllFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR

Arthur 01 Gallagher Rik ICanagtllaeUt Services 111C

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CERTIFICATE HOLDER

_ Antonio t ly8t_ CO Bbia IlPO

It 0 Box 257 Rf 107-1U4-C08-1D71

IIHOUUgtNIt OF ___ IOUCE$III cuocauDlIIFOREntE DPlRATIOII

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_TO_ CERllFlCAn -oER- TO _ UFT FALlIIE TO DO 110 lIIWL _110 _TfON DR lMKITY OF NIt 1aN0 _ ntE _ IJS _ DR

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~l9~ ACORD 25 (2001108)~~ OACORDCORPORAnON1~

IMPORTANT

If the certifICate holder is an ADDITIONAl INSURED the poUcy(ies) must be endorsed A statement on this certificate does nol confer rights to the certifICate holder in lieu of such endorsement(s)

If SUBROGATION IS WAIVED subject to the teons and conditions of the poHcy certain policies may require an endorsement A statement on this certificate does not OJOfer rights to the certificate holder in lieu of such endorsement(s)

DISCLAIMER

The Certificate of Insurance on the reverse side of this foon does not constitute a contract between the issuing insurer(s) authorized representative or producer and the certificate holder nor does it affinnatively or negatively amend extend or alter the coverage alforded by the policies listed thereon

ACORD 25 (2001108)

SUPPLEMENT TO CERTIFICATE OF INSURANCE I DATE 11180

NAME 01 INSURED PCCO Inc

Addii2Jg1 Ducllio II 00eta1ionslRemafks 1m PWl 1middot

Adcionallnfulmatlon

Ihldornt Pora if Applicable

General Liability

IBOOVBPICOOl Blapkat Additioaal ImIurecl ~ OvDer8yen Le or CODtractor8 a reqlird by

writtaD contract

IB COY BUC 001 Blanket Wiy~ of SUbrogation bullbull required by writtall contraot 4

Auto Liability

ADDL-ZKS-B 0600 Blanket Additional InltureltS a riOqUieltS by _1 U contract

IIAIVlIlI-B ono Blkt WaiT of Subrogation rOqU1reltS by _itten _tract

SUPP (05104)

--

p2Oct 16 09 1212p LARRY YORK 2814466447

-OAte ~Actt CERTIACATE OF INSURANCE 00 t~~m~py~I~HOLDERmiicRTiFiCAn

YORK INSURANCE AGENCY DOES NOT AllliiMO EICTIDIO OR ALTER THE COVERAGE FfOADEO BY TIll POIJCIE8 8IlOWPO BOX 3861

HUMBLE TEXAS 77338 COMPANIES AFFORDING COVERAGE

= A TEXAS MUTUAL INSURANCE COMPANY

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PENCCOINC ~C PO BOX600 SAN FEUPE TEXAS 77473-0600 ~o

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_ 0TI(jIft POLICY INCLUDES BLANKET WAIVER OF SUBROGATION I

I

oaClllfnotfOF~ fCCILOCA~nD16

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8HDOUI AHt Of _ ~ DEIIIICMEO POCtCfU e ~ IJIiIOCIIE TIll __ DATE _ _ ISSUIHG ClOMPAHY __ TO~

IWL]Loo WRrmM NOTICEro ceR1FJCiAIpound lIQIDEII_lO THE

LEFT lIUT fMJ8 10 lIN 8UOH NO1ICI 8oWL INPOIIE 110 O8UJotlllH 011 LWlLIT OF ICIIIlI UPOIf lIE OOIolPAHY l1li AGEJmI OA _RUlSNTATlYIlamp

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( FOR BIDS ONLy) lt ~ shyl~~ flAM) bull -- I - o~ bMMIIXtfbrrnw

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DATI

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SAN ANTONIO WATER SYSTEM P O BOX 2449

SAN ANTONIO TEXAS 78298middot2449 TABULATION OF BIDS

Annual Contract for Fluoroslficic Acid (February 2 2010 through February 1 2011) 300 pmbull January 19 2010

IlpoundSOlPnON ANOAPPIOlOMATE QUANlTN

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1 23 nominal Fluorosilicic Acid UNIT PRICE 4542

0-III 0 Z

e III

~

2 1 ea 23 nominal Fluorosilicic Acid 55 pilon drum

UNIT PRICE 630

3 Split Delivery Fee (stop charge) 227 deliveries UNIT TOTAL 11000

4 Expediated Delivery UNIT PRICE 92500

APPRO~ATETOTAL TOTAL 50000000

Tenns

Delivery Days

1 20 days

5-6 days

1

BID INVITAnONS WERE MAUD TO ANDOR PICKED UP BY

Pennco SAWS Website Napea Chemical Cobull Inc Demandstar OXl UnivarUSA

Page 15: 331 Twisted Wood Dr.coalitionforsafemeters.org/TFSDW/PENNCO_Contract_2010.pdf · At the February 2,2010, meeting of the San Antonio Water System (SAWS) Board of Trustees, you were

SAN ANTOMO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVITATION BID (continued)

Page No 13 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

and Security Procedure No 2-11 Copies can be obtained from the SAWS Safety Officer at (210) 233-3616 Failure to comply with this requirement shall deem project in non-compliance and may result in immediate termination with cause

42 Suppliers employees performing work or making deliveries on SAWS property other than for a one-time drop shipment will be required to provide their employees with a photo identification badge that includes the company name no exception

43 Bid exceptions will be cause for rejection ofany bid at the sole discretion of the Purchasing Director

44 SAWS reserves the right to award this bid to more than one supplier

45 Award ofall bids and RFPs will be based on Best Value as determined by SAWS

46 In the event the San Antonio Water System Board does not appropriate tuuds for continuation of this contract for any fiscal year after the first fiscal year and it has no funds to continue this contract from other sources SAWS shall be released from its obligations under this contract

47 If a third party is used to ship mercbandise the shipping documents MUST include all SAWS Purchase Order Numbers

Pencco Inc SignaIuIe _IW_ 0 ~n bid

Monica AV11a Bid Sec

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVfTATlON BID (continued)

Page No 14 No Pages 21

Item Estimated Unit Total No Quantity Desaiption Price Amount

Security Requirements

Contractor shall ensure a Prime Contractor Data Form (PCDF) and a Background Saeening Letter (provided by SAWS Security) is properly completed fopound all employees performing work under this Agncment and on file with the SAWS Security Office prior to work commencement Subcontractors perfurming wort must be listed on the PCDF Contractor shan be responsible for the accuracy of information on the PCDF and fOr obtaining any and all required items (badges and parking tags) necessary to fulfilling the work under this Agreement The PCDF must be sent electronically to SCluritywoup(llIIwsorg Contractor shall advise the SAWS Project Manager of any employee terminations or changes to personnel perfurming work under this Agreement and Contractor sball immediately turn in any and all badges andor parking tags of employees who are terminated or no longer perfOrming work under this Agncment If there are any changes in the infOrmation contained in the PCDF or the Background Screening Letters Contractor shall immediately notifY the SAWS Project Manager and provide updated PCDF and Background Screening Letters with copies to securitygroup[iSllwsorg

Contractor and its employees and agents shall obtain a SAWS photo identification badge (Contractors Badge) and parking tag if necessary prior to any work on SAWS property which shall be used only fopound plllJlO5CS necessary to perfurm the work under this Agreement SAWS Badge Office bours are Monday and Friday 100 pm to 500 pm (hours are subject to change) Security Staff can be contacted at (210) 233-3760 or (210) 233-3616 A replacement fee shan be charged to replace any lost or damaged badges or parking tags As a condition of final payment Contractor shall return all badges and parking tags to the Security 0 ffice In the event Contractor fails to return all security badges and parking tags in addition to any other rights or remedies to which SAWS may be entitled at law or in equity SAWS may withhold from payment to the Contractor the sum ofS50000 dollars per badge or parking tag as liquidated damages Contractor agrees that the actual amount of damages fOr failore to return the badges andor parking tags are difficult to determine and the liquidated damages herein are not a penalty but are a reasonable estimate of the costs and expenses that may be incurred by SAWS for failure to return the badges or parking tags

Certain designated SAWS facilities Oist with SAWS Security) require a SAWS employee to physically escort Contractor at all times SAWS may in its sole discretion waive the escort requirements if the PCDF and a clean Background Screening Letter signed by an authcrized representative ofContractor are approved by SAWS Security

Subcontractors must always be under escort of the Contractor while perfOrming wort on any SAWS designated primary facility (list with SAWS Security) Subcontractors must display either a company photo badge with name or a valid driven license at all times while working on any SAWS property Contractor is solely responsible for the actions of its employees agents contractors and subcontractors

Due to changing security environments Contractor MUST be prepared fOr additional security requirements at its expense including background checks AiJy person fuund to have an unacceptable background check (as determined by SAWS review of submitted paperwork or other infurmation provided to or obtained by SAWS) will not be allowed to pertbrm work under this Agreement or on SAWS facilities Notwithatanding anything herein to the contrary any provisions in these Security Procedures that may appear to give SAWS the right to direct Contractor as to details ofdoing any work under this Agreement or to exercise a measure of control over any security measures or such work shall be deemed to mean that Contractor shall fullow the desires of SAWS in the resatD ofthe work or security measures only

Advance coordination by Contractor with SAWS Security office for these security requirements is necessary to ensure no delays with timely perfurmance of the work In the event Contractor fails to comply with SAWS Security requirements SAWS may with no penalty or claim against SAWS issue a Work Stoppage Order until the security violation (s) are remedied

PenCCD Inc Name ofBidder (~) (print or type) SiaoIIure at r$OIIJMh~ to IiIII bict

-MDn~ca Av~~a H10 Sec

~--------

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

____________F_O_RMAL_~IIMTAnON BID (continued)

Page No 15 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

IMPORTANT MAILING INSTRUCTIONS

Mark Envelope

DID NAME FLUOROSILICIC ACID

DID No 10-2088

OPENING DATE JANUARY 192010 TIME 900 AM

MAIL TO DELIVER TO

Purchasing Division Purchasing Division San Antonio Water System San Antonio Water System P O Box 2449 2800 US Hwy 281 North San Antonio Texas 78298-2449 San Antonio Texas 78212

NOTE It is the bidders responsibility to ensure that bids are received in the prescribed manner by the stated date and hour ofthe bid opening

-------------------------------------------Pencco Inc

SIIn8IIn of iIUtII_ IIgt sign bid Monica Avila Bid Sec

___

170f21

81___d _ __ tl-__1 GEJIIERAL COMDnIOMS

(a) _____ -__

~ Bktder mIIIIe ~neceuytoirlOrmhiml tharouCINtn GllhetyOl ______~lSreqJredbrtt1bid~ NopllnOfiQnOr~bwtha~of

CiCIfldIonI th or hIreIbr_ra Of (W CIIMMn on PI __ blddIw to III t-=-~~ and irwaIgiIOnIto k ewIfy deIIIl the f1II1Wlmentl Of the ccnr1lCl _ _ __ _ __W__(_S) _ CltnrtltIor

~CI aMrd d IMt conIrICt SAWS IhtI hMoe rtght to CiInCIId oniIrs upon 01 ConIJ-=- to dIIIiyenIty n in 1WGPQUf SAWS SfIM 8110 h8we ~ rigtIt to 0Idet naeriilh ~ COIJ1IIIRIbIedelSilnandqu8ltyittequtltDa~itIIClIdIIdkardIno~frclMiWIy~~nIlOchCotII forcIfknnce~ofmateriamp~

2 PREPARATION Of lIDS 81C11 be tftPIAdlftllCClOfdne ~ () TheBiddlt fumtsh 81 1nreIohdbythe tidbm TtIe bidder pitfor typIthlSfInd 1NIIIoII~tndal~1I ShIM Gnwbkttentry 1$ madre (b lNprioes betLflaiMt -rar_nIiortCII UIilprice ~

(e)(d) Where____ ~cfbull ______ and l1li kWIIIIIaft tor bid IIIppnMIcf ~ hie br~ nat so cleItoIIJIIMtd yenIIiJI rQ be ~~-_ unfeU autuiud in wi1in by U connctinDafIIJcwIlhIn ttwtt- JIiot apeMIJ

(e) 8ktders lrdincUtlildlnl_inllld tinceSAWSIltomPllVlltGf A_~~wbeUnlshed~

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4 QUAIITfTItS 81cfid1rs laquo~~CUtng ~IIIIIffOd nclCIIIcutMItt ~ poIIyOlSAWShoMverbullbull OI~blqInoaldCCJhdlng1O tS1IItbin Oftclull~CI~_ OI IIICII1tlfIIch~wtd aan-certlln __ CIIiIIulIJIedDft dlUllliBafa~ ehttlTight~ ~ccntractperiDd_S tlIMglUCt-PWiOCtSAWStnl~dIO_ ~any(JthelllmlarfMYdIIIIte or__ _the tIld~cr~ __ Undlrlivdl cannel_ _ __ __ __ __-

tudI~pIQpOHId on bISAWS~righltobld~inSAWfr~middot bull An~bkIdIIMd_cnWllhkhilimcrtlof tidillt ~ IIIsI then bull h ITWlel ptce or tIkIderI COlt _ aID n- tiddlllr GIll OWIQII tid but crI bull ~ alae-r SAWS resene riOM to8 ita ~RtctfliUi(jtbkI~ 1f1fldl twd ~SAWS 1heCOf1htt $AW$retii8fWSto~ar aud1i1enwfnlm~tobe~ orWCllk II) be

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__(b) __hllNOfmaeialar_ tidon- CtSAWS0IAIidt_ tel ~IIIUIt alJbMllledwltNntlll_~ ftO tI)SAWS IfnolOyenedorused dIrinQ ber~upanbullbulltidOInaplfllbull ___OIII11OD11CAllOH Of 81)8

BtrtlbeIme fOr bltdtlJlWllt9the ~Of~OfIctit ~ JftDiIIIMf~rWIII1ce~lUChlllGle8 reeehoedpiorlO IImt_dIiWI Ntfar tido~ oe-wu andmodlcltanalaquo ~ receMdfm1 _tor tfdopllllllrG tJensmedunopene4

1 DIIICOlJNTS () PfIynwtt cb~ wI1 be rcnkIIrMin ng d~1Dd of dlCOILIt cPftnd 1amp StftciIRto paymenllIIIhI aUCh period in CGIntI dtluslness The I1IIIUe of ~~

8IsGbII~IC1 (b) canon Mh any ~t1IIWbull be ~flaquom ell ~ Of IampCIPIes orJehlCe laquohrfn carrea1IWCice Isrtclliilled ~ dille ~iI dttmedtobe INIdI

on1he date 01 nIIng of the cfIeeIL SElLERS 11_() __ ___ __ ___5-__- _O Nobull __ _ _

(b) lWaicallil natmdyCI-n_receiipof~orlrMJiCel~ --------EXf_ Of _AI CONTRACT SAWS rwetMI ftamp ~ flO ~ 1fIIIIPIOIII to -nd _ tonncI ___ en pettod Of men taII ON arIUtItKt alfN tems eondions bull enunwraled lit me tern and CCtIdIIona cI~tor bt amt a price f1lpriCa noIto 1IIC88d_~

10 AyenfARD OF CCraquofTRACTr) The Connctthe bIdIiIr tJld~tothe ~_bIdl1I naI toSAWS b BIdders -dngOl~ablcfis~cI andDty~ The clwd1~(1) _ __-_

(2) _SAWS-_____ _ __

(l) __in SAWlr)ldleftWlt lOwbddlJr is noI SAWS to -d he ccnnrtto the 6iddIra ltil nattbe fJlSAWS~ton-d~ on riI in bi Oller ctffIrwtCaamplnbMkPlCa tlfleit8fn SAWSreurves tWUtotUe~ tdln_Nyenift ~cfSAWS to ~fcIIIowI

(1) 1IojIIcI(2) ___ _ _

3 ~bIQft_a-tsfJI~OIhertNnpice ~ ---111 rlfbidl is _IIiIMIr n ncfIctionof 8oardtlTfUItN$ In bIddIr prceestlhe ~ rteGltlnelldIJdbythe ~Ing chiIimlhe(C) SAWS=-==--=I~mtMlnQOf8oInf_~lWIfWIgpricrto d

(d) ____SAWS __ _

11 REJICT1OIOSAWSOf (a) __ _ _

1 n1iddIr~ft MIin1idI 1M1id ____COIIfcImtothe_the~OItid

a 1hI1id II cardIonaI ~

4 _ Thltbldll~__noI SAWS _ _ _bld _ d __SAWS~

CD) SAWSIWIttWIIDNIiJCtor tIkII1O~tIIdIOI_~btSAWSto _-tand fortnIIMlaquo it ND_IIOckoMIW~cftclWorOlltMlHdWorwh_ OIIIIitrd anwhtIhor lhtllbanOlkworOI 13 == CltrOlMtGIthI _ --or 01 AftyQIII Ol ~_ blIIOf~YfIICl

(OJ ___ _____dOhOIy_--________ (II) _ UnIt_ _ bid______ W_ _ __ __-_ shy~

~In_ _~_bt_~_ I11III1110001_) A__ _____(e) _ --Ild(st- _ _- ____ - _____ __

_ _ _ ___- - --InMOy- - ----- -1 A __ _ _ _ _ ___ __~ ~ 111___ -_ _____bull_-___bull_flr___ _ ____r0IIIC0rto~ prtcellJtor fIw1IIIlIddiIr fie ~ 0fticAr ~ wfntpect fte perfIw1t~ price _or ~ In Iheolktt

104 EQUAL MIIIOvtfT 0PPCNnlIfiY All conncaln dS10OOOOOoallhft t5laquo1IIIQhWUdt() TIIIt_ _ _ TIIIt_ _ _ ____- _ shy

=~=-==== =n~-~~====r~---__ __shy(b) IpGt ItICIfthCW to SAWS bull Ind parnit __ 11) fICOIdI and _1w ~ Of to ~~ rufeJ- shy_ flAWS(c) If fourdnatlD be In ~ thenat fllIit-ot cannct tlllcaNNClny ~~ or urpendId tn laquo In part QIf1hcID (My ~trom

(d) AI iiddIraor~canncDsor~totubmlt Mdlaquo~-tn SIgnad OIIciIIIft ln Of~fIO~ u~-_~dDnaI___ _ Gn OIoJIIIrIIIgIan ~arIgi__ _ __3 __-~Acl(el Tho _Ordlr201bull _ _~~

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17of21

SAWS STANDARD INSURANCE SPECIFICATIONS (Specifications)

I Commencing on the date of this Contract the Contractor shall at his own expense purchase maintain and keep in force such insurance as will protect him and the San Antonio Water System (SAWS) and the City of San Antonio (the City) and their employees and agents from claims which may arise out of or result from his operations under this Contract whether such operations are by himself by any sub-contractor supplier or by anyone directly or indirectly employed by any of them or by anyone fur whose acts any of them may be liable including without limitation the following

a Worken CompensatioD (WC) insurance that will protect the Contractor SAWS and the City from claims under statutory Workers Compensation laws disability laws or such other employee benefit laws and that will fulfill the requirements of the jurisdiction in which the work is to be pertbrmed

This insurance shall be endorsed to provide a Waiver of SubrogatioD in favor of SAWS and the City with respect to both this insurance coverage and the Employen Liability (EL) insurance (as specified immediately below in section lb)

b Employen Liability (EL) insurance (Coverage B under standard Workers Compensation policy) that will protect the Contractor SAWS and the City fur damages because of bodily injury sickness disease of vendors employees apart from that imposed by Workers Compensation laws The employers liability insurance shall have minimum limits ofliability ofnot less than

$ 100000000 Bodily Injury by Accident 100000000 Bodily Injury by Disease - Each Employee 100000000 Bodily Injury by Disease - Policy Limit

c Commerdal General Liability (CGL) insurance that will protect the Contractor SAWS and the City from claims fur damages because of bodily injury personal injury sickness disease or death and insurance that wilt protect the Contractor SAWS and the City from claims fur damages to or destruction of tangible property ofothers including loss ofuse thereof

This coverage shall

bull Cover independent contractors

bull Not include any exclusions relating to blasting explosion collapse ofbuildings or damage to underground property where applicable

bull Afford coverage fur Products Liabilityandor Completed Operations and Contractual Liability

The minimum limits ofliability fur this coverage shall be

$ 100000000 Occurrence Limit 200000000 General Aggregate

180f21

100000000 ProductsCompleted Operations Aggregate 100000000 Personal and Advertising Injury

5000000 Fire Legal Liability 100000000 Contractual Liability

This insurance shall be endorsed

bull Naming SAWS and the City as an Additionallosured and

bull To provide a Waiver of Subrogation in favor ofSAWS and the City

d Comprehensive Automobile Liability (AL) insurance that will protect the Contractor SAWS and the City from claims for damages arising out ofthe maintenance operation or use of any owned non-owned or hired vehicles Minimum limits of liability for bodily injury and property damage combined shall be not less than $100000000 per each occurrence

This insurance shall be endorsed

bull Naming SAWS and the City as an Additional Insured and

bull To provide a Waiver of Subrogation in favor ofSA WS and the City

e Umbrella LiabiUty (UL) insurance in the amount ofS200000000 This policy shall be ofan Occurrence type and the limit of liability shall be concurrent with (following form) and in excess of the EL CGL and AL insurance coverage as descnbed in paragraphs lb lc and Id above

f Contractors Pollution Liability Insuraoce with limits of $1000000 per occurrencelS2000000 in the aggregate The policy shall provide claims made coverage for all claims liabilities damages costs fees and expenses of any kind or character arising out ofany Pollution Condition(s) (as defined below) that js in any way related to CONTRACTORs operations actions or inactions and completed operations associated with any work performed by Contractor its subcontractors or any of their respective employees agents representatives or officers under this Contract Coverage must be maintained for a minimum of twenty-four (24) months after the end of the Contract term or ifthe Contract js terminated fOr any reason fOr a minimum oftwentyshyfour (24) months fOllowing the date of termination The policy retroactive date will be no later than the Contract start date

Pollution Condition(s) means the djscharge dispersal release or escape of any solid liquid gaseous or thermal irritant or contaminant including but not limited to smoke sewage vaplrs soot fumes acids alkalis toxic chemicals medical waste and waste materials into or upon land the atmosphere or any watercourse or body of water including groundwater provided such conditions are not naturally present in the environment in the amounts or concentrations discovered

The Contradors Pollution Liability losurance will pay on behalf of the CONTRACTOR SAWS and the City of San Antonio all claims demands damages liabilities costs fees and expenses of any kind or character fOr bodily injury or death

190f21

property damage environmental or natural resource damage and any fines fees assessments or penalties of any kind assessed by any governmental department agency or commission that resuh from or are related to a Pollution Condition(s) Coverage will include all subcontractors hired by CONTRACIOR to perform any work under this Contract

The policy shall also include the fullowing provisions

I) Coverage fur bodily injury to include physical injury sickness disease mental anguish and emotional distress sustained by any person including death

2) All costs that are related to or that arise out of or from the investigation or adjustment of any claim or in connection with any court arbitration mediation state administrative hearing or other proceeding ofany kind including attorneys fees expert witness fees costs charges and expenses of any kind or character that arise out ofor that are related to a Pollution Condition(s)

3) Coverage shall be Primary and in addition to any other valid and collectible insurance carried by SAWS and the City of San Antonio as respects to this Contract

4) Coverage fur Natural Resource Damages and any fines fees penalties or assessments by any governmental agency commission or department related to any Pollution Condition(s)

5) Insured versus Insured exclusion if fuund in the policy shall not apply to a claim by an Insured who qualifies as a Client of the Named Insured under the policy

6) IfNon-Owned Disposal sites are used for disposal ofwastes these sites shall be specifically included under the Contractors Pollution Liability Insurance policy and

7) Coverage for punitive exemplary and multiple damages

Automobile Liability policy ofCONTRACIOR halliing QlJy quantityof fluorosilicic acid shall either be endorsed to provide coverage under the TE9948 endorsement or the Contractors Pollution Liability Insurance policy shall be endorsed to provide transportation coverage beyond the boundaries ofthe testing andor delivery site(s)

2 Contractor shall require Sub-contractors to carry insurance coverage appropriate to their scope ofWork

3 Contractor shall furnish a completed Certificate ofInsurance which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage limits and termination provisions shown thereon

4 The insurance that is required under these Specifications shall be written so that SAWS and the City will be notified in writing in the event of cancellation restrictive endorsement or nonshyrenewal at least thirty (30) days prior to such action

200[21

5 Certificates of Insurance shall be filed with the System 10 days prior to the SAWS Board of Trustees award of the Contract The SAWS Contract namelBid number shaD be included in the Description of Operations section located in the bottom half of the standard ACORD Certificate furms

Certificates shall be mailed to SAWS directly to

San Antonio Water System Attention PurchBSbtg Division P O Box 2449 San Antonio TeDs 78198-1449

Contractor shall be responsible fur obtaining Certificates of IDsunnce from the first tier Subshycontractor and upon request furnish copies to SAWS

6 Separate Certificates of Insurance shall be filed with the City ofSan Antonio] 0 days prior to the SAWS Board of Trustees award of the Contract The SAWS Contract namelBid number shaD be included in the Description of Operations section located in the bottom half of the standard ACORD Certificate furms

Certificates shall be mailed to the City ofSan Antonio directly to

City ofSan Antonio Attention Risk Management PO Box 39966 San Antonio TX 78283-3966

A copy of the certificate of insurance provided to the City of San Antonio shall be provided to SAWS at the same time

7 Contractor is responsible for all deductibles under all ofthe insurance policies reqilired by these Specifications

8 The stated limits of insurance required by these Specifications are MINIMUM ONLY and it shall be the Contractors responsibility to determine what limits are adequate and the length of time this coverage shall be maintained the insurance limits are not a limit of the Contractors liability

These minimum limits may be basic policy limits or any combination of basic limits and umbrella limits SAWS acceptance of Certificates of Insurance that in any respect do not comply with these Specifications does not release the Contractor from compliance herewith

9 Contractor agrees that an insurance policies required bYthese Specifications shall be with insurance companies firms or entities that have an AM Best rating of A- (A- minus) and a Financial Size Category rating of a VII or better All insurance policies shall be of an Occurrence type except the Contractors Pollution Liability line ofcoverage

210f21

10 SURVIVAL

Any and all representations conditions and warranties made by Contractor under this Contract including without limitation the provisions ofSection lb ie and Id ofthese Insurance Specifications are ofthe essence ofthis Contract and shall survive the execution and delivery of it and all stalernents contained in any document required by SAWS whether delivered at the time ofthe execution or al a later dale shall constitute representations and warranties hereunder

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PENCCO INC Pioneer Engineering Chemical Company

AFFIDAVIT OF COMPLIANCE

This is to certify that the Hydrofluorosilicic Acid supplied by our company meets A WWA Standard B703-00 or the latest revision and is certified to NSFANSI Standard NSF-60

Signature shy

R L Home President

Name and Title ofOfficial

142010

Date

PO BOX 600 bull SAN FELIPE TX 11473

PHONE 919-885-0005 bull 800-864-174~ bull FAX 979-885-3208

INPOPENCCOCON

NSF Certified Products - Public Water Supply Treatment Chemicals Page lof2

NSF

NSF Product and Service Listings

These Listings were Last Updated on Thursday Janulry 14 Z010 at 415 AM Eastern Time Please contact NSF International to confirm the status ofany Listing report errors or make suggestions

Wami NSF is COIIccncd abot fradu 1 d-loIIdilll d iplaUolI ofwcbsik tOIl Ifyou havo relaquorod Ihis listiar in lIrd copy ys rorafirm tllis ccrtlflcatleDilistlac Infonnlion lIy COilli diretlly to hHnllmywnrforclCertlfOCllP1Ch_ibullbullblListilAlpfCOIIIQlnyNme-peDccoamp for tho latest most eatntl ifonnatlon

NSFANSI STANDARD 60 Drinking Water Treatment Chemicalsmiddot Health Effects

----------~-----~

PENCCO INC PO BOX 600 SAN FELIPE TX 77473 800-864-1742 979-885-0005

Facility DISTRIBUTION CENTER - RICHMOND CA

Hydrofluosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid

Product Function Fluoridation Fluoridation

Max Use 6mgIL 6mgIL

Hydrofluosilicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - SOUTH GATE CA

HydrofluosUicir Acid Trade Designation Product FlUlCtion Max Use Fluorosilicic Acid Fluoridation 6mgIL Fluosilicic Acid Fluoridation 6mgIL Hydrofluosiiicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - WILLOW SPRINGS IL

Hydroftuosllicir Arid Trade Designation Product Fll1ICtion Max Use Fluorosilicic Acid Fluoridation 6mgIL F1uosilicic Acid Fluoridation 6mgIL Hydrofluosilicic Acid Fluoridation 6mgIL

httpwwwnsforglCertifiedlPwsChemicalslListingsaspCompanyName=pencooampTrade111412010

NSF Certified Products - Public Water Supply Treatment Chemicals Page 20f2

Facility D1STRI BUTION CENTER - BALTIMORE MD

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Facility DISTRIBUTION CENTER

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Product Function Fluoridation Fluoridation Fluoridation

SEALY TX

Product Function Fluoridation Fluoridation Fluoridation

Facility DISTRIBUTION CENTER - WAXAHACHIE TX

Hydrofluosilicic Acid Trade Designation FLUOROSILICIC ACID FLUOSJLlCJC ACID HYDROFLUOROSILlCJC ACID HYDROFLUOSILICIC ACID

Product Function Fluoridation Fluoridation Fluoridation Fluoridation

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL 6mgIL

Number ofmBlching Muufactun1ll is 1 Number ofmalching Products is 19 Processing time was 0 seconds

bull Search Listings bull NewsRoom I bull AboutNSF I bull ampnm I bull NSF Marl I bull Client Log-In

bull Privacy Poliey bull SiteMap I bull Reguest Info I bull Contact Us I bull Copyright C 2004 NSF International

httpwwwnsforglCertifiedlPwsChemicalslListingsaspCompanyName=penccoampTrade114120 10

PENCCO INC Pioneer Engineering Chemical Company

HydrofluorosiIicic Acid Bid QAlQC Info

Pencco meets AWWA Standards and is NSF Certified

Hydrofluorosilicic acid also known as HFS or FSA is a transparent colorless (water white to straw yellow) aqueous solution that is used in a variety of applications including the major end-use water treatment for fluoridation FSA is produced during the concentration of phosphoric acid in an evaporation process unique to the phosphate industry The vapor stream from the phosphoric acid reaction is scrubbed with water to form FSA from the naturally-occurring silica acid The final product is collected stored and tested prior to release for shipment Potential danger of contamination is minimized through compliance with NSF 60 NSF 60 typically checks sourlt)e product and any subsequent transfer before unloading into customer tanks

infopenccoCGm PO Bo 600 S Felipe Tens 77473-0600 9791885-0005 FAX 979f88S310ll

Refer FL-J43 September 2000

THE MANUFACTURE OF THE FLUORIDE CHEMICALS

All ofthe fluoride chemicals used in the US for water fluoridation sodium fluoride sodium fluorosilicate and fluorosilicic acid are useful byproducts of the phosphate fertilizer industry The manufacturing process produces two byproducts (I) a solid calcium sulfate (sheetrock CaS04) and (2) the gases hydrofluoric acid (HF) and silicon tetrafluoride (SiF4) A simplified explanation of the manufacturing process follows Apatite rock a calcium mineral found in central Florida is ground up and treated with sulfuric acid producing phosphoric acid and the two byproducts calcium sulfate and the two gas emissions These gases are captured by product recovery units (scrubbers) and condensed into 23 fluorosilicic acid Sodium fluoride and sodium fluorosilicate are made from this acid

The question of toxicity purity and risk to humans from the addition of fluoride chemicals to the drinking water sometimes arises Almost all of the over 40 water treatment chemicals that may be used at the water plant are toxic to humans in their concentrated form eg chlorine gas and the fluoride chemicals are no exception Added to the drinking water in very small amounts the fluoride chemicals dissociate virtually J 00 into their various components (ions) and are very stable safe and non-toxic

Opponents of water fluoridation have argued that the silicofluorides do not completely dissociate under conditions ofnormal water treatment and thus may cause health problems To counter these claims the basic chemistry of this dissociation has been carefully reviewed Scientists at the US Environmental Protection Agency (EPA) and CDC epidemiologists have examined the research that opponents of water fluoridation cite Both groups have concluded that these charges are not credible

The claim is sometimes made that no health studies exist on the silicofluoride chemicals used in water fluoridation That is correct We the scientific community do not study health effects of concentrated chemicals as put into water we study the health effects ofthe treated water Le what those chemicals become fluoride ion silicates and the hydrogen ion The health effects of fluoride have been analyzed by literally thousands of studies over SO years and have been found to be safe and effective in reducing tooth decay The EPA has not set any Maximum Contaminant Level (MCL) for the silicates as there is no known health concerns for them at the low concentrations found in drinking water Of course the measurement ofthe pH of the water determines the concentration of the hydrogen ion

Concern has been raised about the impurities in the fluoride chemicals The American Water Works Association (A WWA) a well-respected water supply industry association sets standards for all chemicals used in the water treatment plant including fluoride chemicals The A WWA standards are ANSJJ A WWA B701-99 (sodium fluoride) ANSJJ A WWA B702-99 (sodium

fluorosilicate) and ANSIIAWWA B703-00 (fluorosilicic acid) The National Sanitation Foundation (NSF) also sets standards and does product certification for products used in the water industry including fluoride chemicals ANSINSF Standard 60 sets standards for purity and provides testing and certification for the fluoride chemicals Standard 60 was developed by NSF and a consortium of associations including the A WWA and the American National Standards Institute (ANSI) This standard provides for product quality and safety assurance to prevent the addition of harmful levels of contaminants from water treatment chemicals More than 40 states have laws or regulations requiring product compliance with Standard 60 NSF tests the fluoride chemicals for the II regulated metal compounds that have an EPA MCL In order for a product [for example fluorosilicic acid] to meet certification standards regulated metal contaminants must be present at the tap [in the home] at a concentration ofless than ten percent of the MCL when added to drinking water at the recommended maximum use level The EPA has not set any MCL for the silicates as there is no known health concerns but Standard 60 has a Maximum Allowable Level (MAL) of 16 mgIL for sodium silicates as corrosion control agents primarily for turbidity reasons NSF tests have shown the silicates in the water samples from public water systems to be well below these levels

Arsenic according to NSF tests had an average of043 ugIL [parts per billion] in the drinking water attributable to the fluoride chemical Opflow a monthly magazine from the A WWA has found the arsenic level in the finished water from the fluorosilicic acid to be 0245 ugIL [OpflowVol 26 No 10October 2000] The NSF Standard 60 has a Maximum Allowable Level (MAL) of25 ugIL and EPA has a MCL of 50 ugIL although they have proposed to lower their MCL to 5 ugIL As you can see arsenic is less that III Oth ofeven the proposed EPA MCL Finally tests by NSF and other independent testing laboratories have shown no detectable levels

of radionuclides in product samples of fluoride chemicals There is no evidence that any of the known impurities in the fluoride chemicals have failed to meet any of these standards Opponents ofwater fluoridation have sometimes charged that industrial grade fluoride chemicals are used at the water plant instead ofpharmaceutical grade chemicals All the standards of AWWA ANSI and NSF apply to these industrial grade fluoride chemicals to ensure they are safe Phannaceutical grade fluoride compounds are not appropriate for water fluoridation they are used in the formulation of prescription drugs

Finally it is sometimes alleged that the fluoride from natural sources like calcium fluoride is better than fluorides added artificially such as from the fluoride chemicals presently used There is no difference There is no reason to change the opinion of CDC that water fluoridation is safe and effective

Thomas O Reeves PE National Fluoridation Engineer Program Services Branch Division ofOm] Health National Center for Chronic Disease Prevention and Health Promotion Centers for Disease Control and Prevention

2

8813 US Highway 41 South Riverview Florida 33569

EMERGENCY TELEPHONEmiddot CHEMTREC 1-800-424-9300

SECTION I PRODUCT INFORMATION

TRADE NAME Hydrofluosilicic Acid

CHEMICAL NAME I Hydrofluosilicic Acid

CAS NUMBER

CHEMICAL FAMILY

SYNONYMS

PRIMARY USE

SECTION II

FORMULA

COMPOSITION

SECTION III EMERGENCY OVERVIEW

16961-83-4

I norganic Fluorides

FluorosHicic Acid Hexafluosilicic Acid HFS FSA Auoridation of drinking water

COMPOSITION INFORMATION ON INGREDIENTS

H2SiF6

Hydrofluosilicic Acid 120-25

water 175-80

HAZARD IDENTIFICATION Large doses can cause nausea vomiting diarrhea abdominal buming and cramp-like pains Circulatory respiratory neNOUS complaints and skin rashes may occur Liquid

Health Hazards or vapor also causes severe irritation and bums Which will not be immediately apparent It also causes severe irritation to the lungs nose and throat If swallowed it can cause severe damage to throat and stomach

Physical Hazards Not applicable

Physical Form liquid

Appearance water White to straw yellow liquid

Odor Pungent

Toxicity Not identified as toxic by OSHA

NFPA HAZARD CLASS ~HAZARD CLAS Health 3

I Flammability 0

Instability Special Hazard 1

FlammabHity 1

Physical 2Hanrd

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOSt MOS16961061

POTENTiAl HEALTH EFFECTS

Acute - I Titant Chronic - Degenerative changes in the liver Fluorosis

POTENTIAl ENVIRONMENTAl EFFECTS

None listed

SECTION IV FIRST AID MEASURES

FIRST AID PROCEDURES

Eyes Invnediately flush with plenty of water for at least 15 minutes Get medical attention invnediately

Skin

Invnediately flush with plenty of water Remove contaminated clothing Discard contaminated clothing properly Get medical attention if irritation occurs or persists

Inhated Move to fresh air Administer oxygen Treat symptomatically Get medical attention promptly

Ingestion Give large quantities of water to patient if conscious 00 Not induca vomiting Seek medical attention promptly

NOTE TO PHYSICIAN Not applicable

SECTION V FIRE FIGHTING MEASURES

Flammable Properties

Flash Point Not applicable

Flammability Not applicable

LEUUEL Not applicable

Auto-Ignition Temperature

Not applicable

Extinguishing Media Small fires Water spray foam dry chemical or CO2

Large fires Water spray fog or foam

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOS MOS16961061

Wear selfcontained breathing apparatus with full protective clothing

Protection of Firefighters

Dangerous when heated to decomposition highly toxic and corrosive fumes of fluorides are emitted Will react with water or steam to produce toxic and COITOSive fumes May generate hydrogen in contact with some metals

SECTION VI

RESPONSE TECHNIQUES

ACCIDENTAL RELEASE MEASURES Small spills Contain spill and stop leak if it can be done without risk Use sodium carbonate or a mixture of soda ash and slaked lime sand or noncombustible absorbent material to soak up material Place in DOTmiddotapproved poly container and dispose of properly

Large spills Use same procedure as above Isolate spill area and deny entry Prevent discharge into waterways and sewers Material may be neutralized with sodium carbonate or a mixture of soda ash and slaked lime Contact proper local state or federal regulatory agencies to ascertain proper disposal techniques and procedures

All waste to be collected in a DOTmiddot IPOlY drum for disposal

= SECTION VII

HANDLING

HANDLING AND STORAGE

Avoid contact with eyes skin and clothing Wash thoroughly after handling Maintain proper hygiene practices when handling this product

STORAGE Use DOT-approved poly drum for storage

SECTION VIII EXPOSURE CONTROLS I PERSONAL PROTECTION

ENGINEERING CONTROLS

Eye wash and shaNer stations should be available where acid is being handled

PERSONAl PROTECTIVE EQUIPMENT (PPE)

EyelFace

Skin

Respiratory

Splash proof goggles and fullmiddotface shield should be worn at all times Acid proof gloves headgear protective shoes and clothing should be worn to Drevent contact Use respiratory for 20ppm or less concentration Use a self-contained breathing apparatus for concentrations of greater than 2Oppm

Other None

GENERAL HYGIENE CONSIDERA nONS

Avoid breathing fumes Avoid ingestion Wash thoroughly after handling Avoid contact with eyes or skin Use in adequate ventilation

EXPOSURE GUIDELINES

OSHA Permissible Exposure Limits (PEL) 25mgFm3

ACGIH Threshold Limit Value (TLV) 25 rng Fm3

Status New Issue ~ate February 3 2006 Section(s) Revised NlA MSDS MOS16961061

SECTION IX PHYSICAL AND CHEMICAL PROPERTIES

Note Unless othetWise stated values in this section are determined at 20middotC (68middotF) and 760 mm Hg (1 aim)

Flash Point Not applicable Flammabilityl Explosive Limits ()

Not applicable

Auto-Ignition Temperature

Not applicable

Appearance Water white to straw yellow liquid

Physical State Liquid

Odor Pungent Molecular Weight of Pure Material

14411g1mol

pH 12 Vapor Pressure (mmHg)

Not applicable

Vapor Density (air=1)

Not applicable

Boiling Point 2223 OF

FreezinglMelting Point Not applicable

Solubility in Water Not applicable 100 soluble in water

Specific Gravity 12

Volatility Not applicable

Bulk Density 98 Ibslfemiddot 25 Sol 77DF

SECTION X STABILITY AND REACTIVITY

Chemical Stability Stable

Conditions to Avoid Avoid all heat sources

Incompatible Materials Avoid contact with metals stoneware strong acids and alkalies explosives toxicants readily oxidizable materials alkali metals combustible solids and organic peroxides

Hazardous Decomposition Products

Extreme temperatures such as a fire cause formation of highly toxic and corrosive fumes of fluorides such as SiF and HF Hydrogen gas may be fonned at temperatures above 227DF

Corrosiveness Attacks silica bearing materials metals and stoneware Hazardous Polymerization

Will not occur

Status New Issue Date February 3 2006 Section(s) Revised NA MSDS MOS16961061

SECTION XI TOXICOLOGICAL INFORMATION

Acute Oral Toxicity 430 mgkg oral-rat LD50

Acute Dermal Toxicity 140 mgkg LOLo (Frog)

Mutagenesis No data available

Target Organ No data available

Developmental Toxicity No data available

Carcinogenicity No data available

SECTION XII ECOLOGICAL INFORMATION

ECOTOXfCOLOGY No data available

SECTION XIII DISPOSAL CONSIDERATIONS

Keep in covered DOT-approved poly drums pending disposal Handle and dispose in full compliance with an applicable Intemational Federal State and Local reQulations

SECTION XIV TRANSPORT INFO

Regulatory Status None established

Proper Shipping Name Hydrofluosilicic Acid

Hazard Class Class 8 (corrosive)

Packing Group II

Identification Number UN1778

Guide Number 154

SECTION XV REGULA TORY INFORMATION

CERClA Not Regulated RCRA 26133 Not Regulated

SARA TI11E III Section 302 Not Regulated (ExemptIons at 40 CFR Pan 370 may apply for agricuIIural use or lor quantllies of less

SectIon 304 Not Regulated Section 3111312 Acute and Chronic

than 10000 pounds _lie) Section 313 Not Regulated NTP tARC OSHA Recommended for Study IARC group 3 Not regulated by OSHA

(PSM) Canada OSL and NDSL On Inventory TSCA On Inventory

Status New Issue Date February 3 2006 SectIon(s) Revised NlA MSOS MOS16961061

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS Usted as Fluorosilicic Acid CBSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUED REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMATION THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are fumished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4001shy1998

Note to (if 8IlpicBble)

Status New Issue Date February 3 2006 Section(s) Revised NlA MSDS MOS16961061

I

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS listed as Fluorosilicic Acid CaSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUEO REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMAnoN THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are furnished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4OO1shy1998

Note to __ (d 8pP1icab1ei

Status New Issue Date February 3 2006 Section(s) Revised NJA MSDS MOS16961061

DATE IIlIMIOOIYYY) nleO

IROOIJ(EII 1-113-623-2330

ACORD CERTIFICATE OF LIABILITY INSURANCE I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERllFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR

Arthur 01 Gallagher Rik ICanagtllaeUt Services 111C

ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW UOO wt Loop South Suite HOD Sou_ton fX 027

INSURERS AFFORDING COVERAGE HAIC bull

~ 1ROII_ SPlICIALTY INS CO 25U5shyPeneco Inc ~

~DDLAlm DIlII CO 37303

PO fiOO tNSURERC

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San Pelipe rx 77477

COVERAGES THE POUCIES Of INSIIRAHCE USTeD BELOW HAVE BEEN ISSUEllTO THE INSURED NAMED ASOVE FOR THE POlICY PERIOD INDICATeD NOTWITHSTANDING AtIY REQUIREMENT TERM OR COtlDmON OF AtIY CONTRACT OR OTHER OOCUMENT WITH RESPECT TO WHICH THIS CERTIlICATE MAY BE ISSUEO OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POlICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS EXCLUSIONS AND CONDIOONS Of SUCH POUCIESAGGREGATE UNITS SHOWN MAY HAVE BEEN REllUCED BY PAlDClAIMS

1= I -- POUCYElFECMt POUCY_1IOII UIIfTlI

AI GENEAAI LWllUIY lOlXBHOUe001 111509 111510 EACH OCQJRAENCE 5 1 000000rc= I~OJEI~~t5W1RWLGE_tWIIUTY I $500000

I- CUllMSMAOE 0 OCXUR i WlDEXPfNw _1 $25000

PERSONAL ampNgtV1NJURf $ 1000000 l-

I

[shy_AGGREGATE $2000000

n-7rf~r-r~reR PRQOIJCT$ COMPIOP Aoo 52000000

POLICY~ lDC

III ~UAIIIUTY RICISOO010fiO 111505 111510 COMBINEtgtSINGlE UNIT

~lYAUTO CE-I 1000000

c-ALlOWHEOAlllOS 1ODIl_

~ SCHpoundOlIEOAlfOS

__I S

~ HlREOAOTOS 8ODLYIftfJURV S

i~~AIIlOS 1-1

PROPEImOiIMAGE_-I S=i0U_ LrrY AIIlOONlyACaDENT $

lYAIITO OTHER

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AUTOONLY - S

A EXCEsSllJlllllllllLUAIIIIITY OUIIIJ0918002 111509 111510 EACHDCCIJRREMCE $ 4000000

TIDCCUII D aAlMS IWlE AGGIIpoundGIOTE $ bullbull 000000

$=DEOUCTlIIU $

X REtENTlOH 10000 S

_COIIIPBISATIOIIANII l~~~r JoJit EMPLOYBIII-m

ANY~ EL EACHAQC10EHT S

~RexaUDIOI ELIlISEASEmiddotEAe~ S

~~- E OI$EASE POUCt lMf $

OIllER A Pollution (Cla1amp8 ]lacLo) OUIIIJOn8001 11150t 111510 rar Cltm 1000000

OESCtttPT1ONOFOPERATtOIISlOCAtatSVEHlCLBEXCLUSIOtfS ADDED BYCFL EItENT1SfECW PROVISIONS All policy t~ COD4itione ltaittiaa ampad ezclu8iCD8 apply II Aotonio ter ly8t_ b -I 44itioDampl b bullurlld CD the general liability __l1e policibullbull required lty written CODtract

CERTIFICATE HOLDER

_ Antonio t ly8t_ CO Bbia IlPO

It 0 Box 257 Rf 107-1U4-C08-1D71

IIHOUUgtNIt OF ___ IOUCE$III cuocauDlIIFOREntE DPlRATIOII

DAn _ ntE ___~__ TOIIAII 3D DAl1S WNmII

_TO_ CERllFlCAn -oER- TO _ UFT FALlIIE TO DO 110 lIIWL _110 _TfON DR lMKITY OF NIt 1aN0 _ ntE _ IJS _ DR

IIIIIIIBampIIfA1MS

Portland XI 5-0257 liSA

AImIOIIIZED~AIM

~l9~ ACORD 25 (2001108)~~ OACORDCORPORAnON1~

IMPORTANT

If the certifICate holder is an ADDITIONAl INSURED the poUcy(ies) must be endorsed A statement on this certificate does nol confer rights to the certifICate holder in lieu of such endorsement(s)

If SUBROGATION IS WAIVED subject to the teons and conditions of the poHcy certain policies may require an endorsement A statement on this certificate does not OJOfer rights to the certificate holder in lieu of such endorsement(s)

DISCLAIMER

The Certificate of Insurance on the reverse side of this foon does not constitute a contract between the issuing insurer(s) authorized representative or producer and the certificate holder nor does it affinnatively or negatively amend extend or alter the coverage alforded by the policies listed thereon

ACORD 25 (2001108)

SUPPLEMENT TO CERTIFICATE OF INSURANCE I DATE 11180

NAME 01 INSURED PCCO Inc

Addii2Jg1 Ducllio II 00eta1ionslRemafks 1m PWl 1middot

Adcionallnfulmatlon

Ihldornt Pora if Applicable

General Liability

IBOOVBPICOOl Blapkat Additioaal ImIurecl ~ OvDer8yen Le or CODtractor8 a reqlird by

writtaD contract

IB COY BUC 001 Blanket Wiy~ of SUbrogation bullbull required by writtall contraot 4

Auto Liability

ADDL-ZKS-B 0600 Blanket Additional InltureltS a riOqUieltS by _1 U contract

IIAIVlIlI-B ono Blkt WaiT of Subrogation rOqU1reltS by _itten _tract

SUPP (05104)

--

p2Oct 16 09 1212p LARRY YORK 2814466447

-OAte ~Actt CERTIACATE OF INSURANCE 00 t~~m~py~I~HOLDERmiicRTiFiCAn

YORK INSURANCE AGENCY DOES NOT AllliiMO EICTIDIO OR ALTER THE COVERAGE FfOADEO BY TIll POIJCIE8 8IlOWPO BOX 3861

HUMBLE TEXAS 77338 COMPANIES AFFORDING COVERAGE

= A TEXAS MUTUAL INSURANCE COMPANY

~BI

PENCCOINC ~C PO BOX600 SAN FEUPE TEXAS 77473-0600 ~o

~E -

lHIS IS TOCERTlFY THAT THE POICIEJ OFIII$lAAIICG LISTED SEUlWHIW flEENI8SUGO roTtE~GD HAMeD AIIOVEFCRTItI POLIO ~ 1lI00000TGDIIOTmntSTAHOtItG ANY __1fT aIM OR CClIoIDnICIIII Of AIlaquo COHTNIOT OR OTHSI tIOCUMENT WITH Al8IECT ro WIIICII THIS ceAT1F1CA1I _Y IE ISSIJIID OA IMY PERTAIN TtE MURAIICE ~ av TIlE POUCI18 OfICRlIIEO _ IS SUBJECT Ttl JoU TtE TlflWI IIXClu1ONS lIIIO COICgtITIOHI$ Of SUCK POUCIEII LMmI SHOWN IoIAY W _ IlllIlUCIO BY PAlO tlAllol8

co TfHGbull a -r-~rrg~ --- GENE___tE

bull ---ITT~ERalLOIHJIIlM LtAaIUTY ~~lDCL bullClMOC_ OCCUR PERSONAl amp ADI lNJUIIIy bull i(llWffllllampO~C)T~ EMHOCCt_a bull

fHIIIe 0AMII8E v-r bull tIED tAIV

---au LIamplMT~JIIIO

ALL ~ AIIDS 1OOIl IKU-V

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bull___UlICAil _OCC~

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- s 1000000

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_~-JIY TSF-0001063581 16 OCT 09 16OCTO tMY8C-liACH IMIILOtR 1000000 1lOIaIIE-IOllOl UNIT

_ 0TI(jIft POLICY INCLUDES BLANKET WAIVER OF SUBROGATION I

I

oaClllfnotfOF~ fCCILOCA~nD16

TrOftUL bull

8HDOUI AHt Of _ ~ DEIIIICMEO POCtCfU e ~ IJIiIOCIIE TIll __ DATE _ _ ISSUIHG ClOMPAHY __ TO~

IWL]Loo WRrmM NOTICEro ceR1FJCiAIpound lIQIDEII_lO THE

LEFT lIUT fMJ8 10 lIN 8UOH NO1ICI 8oWL INPOIIE 110 O8UJotlllH 011 LWlLIT OF ICIIIlI UPOIf lIE OOIolPAHY l1li AGEJmI OA _RUlSNTATlYIlamp

Avt___~

( FOR BIDS ONLy) lt ~ shyl~~ flAM) bull -- I - o~ bMMIIXtfbrrnw

10-2008

F281middot629 (ROIl

PampOPltJSoL

TlMEl

DATI

TEllt NO

Y92)

SAN ANTONIO WATER SYSTEM P O BOX 2449

SAN ANTONIO TEXAS 78298middot2449 TABULATION OF BIDS

Annual Contract for Fluoroslficic Acid (February 2 2010 through February 1 2011) 300 pmbull January 19 2010

IlpoundSOlPnON ANOAPPIOlOMATE QUANlTN

ltshyv ltshyltshy

y sect ~ oS gtlt 8 8~ ~ 5Q~

-d =alN

t~

t~ ] g

gtlt~l Q~Z

N ~~

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1 23 nominal Fluorosilicic Acid UNIT PRICE 4542

0-III 0 Z

e III

~

2 1 ea 23 nominal Fluorosilicic Acid 55 pilon drum

UNIT PRICE 630

3 Split Delivery Fee (stop charge) 227 deliveries UNIT TOTAL 11000

4 Expediated Delivery UNIT PRICE 92500

APPRO~ATETOTAL TOTAL 50000000

Tenns

Delivery Days

1 20 days

5-6 days

1

BID INVITAnONS WERE MAUD TO ANDOR PICKED UP BY

Pennco SAWS Website Napea Chemical Cobull Inc Demandstar OXl UnivarUSA

Page 16: 331 Twisted Wood Dr.coalitionforsafemeters.org/TFSDW/PENNCO_Contract_2010.pdf · At the February 2,2010, meeting of the San Antonio Water System (SAWS) Board of Trustees, you were

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

FORMAL INVfTATlON BID (continued)

Page No 14 No Pages 21

Item Estimated Unit Total No Quantity Desaiption Price Amount

Security Requirements

Contractor shall ensure a Prime Contractor Data Form (PCDF) and a Background Saeening Letter (provided by SAWS Security) is properly completed fopound all employees performing work under this Agncment and on file with the SAWS Security Office prior to work commencement Subcontractors perfurming wort must be listed on the PCDF Contractor shan be responsible for the accuracy of information on the PCDF and fOr obtaining any and all required items (badges and parking tags) necessary to fulfilling the work under this Agreement The PCDF must be sent electronically to SCluritywoup(llIIwsorg Contractor shall advise the SAWS Project Manager of any employee terminations or changes to personnel perfurming work under this Agreement and Contractor sball immediately turn in any and all badges andor parking tags of employees who are terminated or no longer perfOrming work under this Agncment If there are any changes in the infOrmation contained in the PCDF or the Background Screening Letters Contractor shall immediately notifY the SAWS Project Manager and provide updated PCDF and Background Screening Letters with copies to securitygroup[iSllwsorg

Contractor and its employees and agents shall obtain a SAWS photo identification badge (Contractors Badge) and parking tag if necessary prior to any work on SAWS property which shall be used only fopound plllJlO5CS necessary to perfurm the work under this Agreement SAWS Badge Office bours are Monday and Friday 100 pm to 500 pm (hours are subject to change) Security Staff can be contacted at (210) 233-3760 or (210) 233-3616 A replacement fee shan be charged to replace any lost or damaged badges or parking tags As a condition of final payment Contractor shall return all badges and parking tags to the Security 0 ffice In the event Contractor fails to return all security badges and parking tags in addition to any other rights or remedies to which SAWS may be entitled at law or in equity SAWS may withhold from payment to the Contractor the sum ofS50000 dollars per badge or parking tag as liquidated damages Contractor agrees that the actual amount of damages fOr failore to return the badges andor parking tags are difficult to determine and the liquidated damages herein are not a penalty but are a reasonable estimate of the costs and expenses that may be incurred by SAWS for failure to return the badges or parking tags

Certain designated SAWS facilities Oist with SAWS Security) require a SAWS employee to physically escort Contractor at all times SAWS may in its sole discretion waive the escort requirements if the PCDF and a clean Background Screening Letter signed by an authcrized representative ofContractor are approved by SAWS Security

Subcontractors must always be under escort of the Contractor while perfOrming wort on any SAWS designated primary facility (list with SAWS Security) Subcontractors must display either a company photo badge with name or a valid driven license at all times while working on any SAWS property Contractor is solely responsible for the actions of its employees agents contractors and subcontractors

Due to changing security environments Contractor MUST be prepared fOr additional security requirements at its expense including background checks AiJy person fuund to have an unacceptable background check (as determined by SAWS review of submitted paperwork or other infurmation provided to or obtained by SAWS) will not be allowed to pertbrm work under this Agreement or on SAWS facilities Notwithatanding anything herein to the contrary any provisions in these Security Procedures that may appear to give SAWS the right to direct Contractor as to details ofdoing any work under this Agreement or to exercise a measure of control over any security measures or such work shall be deemed to mean that Contractor shall fullow the desires of SAWS in the resatD ofthe work or security measures only

Advance coordination by Contractor with SAWS Security office for these security requirements is necessary to ensure no delays with timely perfurmance of the work In the event Contractor fails to comply with SAWS Security requirements SAWS may with no penalty or claim against SAWS issue a Work Stoppage Order until the security violation (s) are remedied

PenCCD Inc Name ofBidder (~) (print or type) SiaoIIure at r$OIIJMh~ to IiIII bict

-MDn~ca Av~~a H10 Sec

~--------

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

____________F_O_RMAL_~IIMTAnON BID (continued)

Page No 15 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

IMPORTANT MAILING INSTRUCTIONS

Mark Envelope

DID NAME FLUOROSILICIC ACID

DID No 10-2088

OPENING DATE JANUARY 192010 TIME 900 AM

MAIL TO DELIVER TO

Purchasing Division Purchasing Division San Antonio Water System San Antonio Water System P O Box 2449 2800 US Hwy 281 North San Antonio Texas 78298-2449 San Antonio Texas 78212

NOTE It is the bidders responsibility to ensure that bids are received in the prescribed manner by the stated date and hour ofthe bid opening

-------------------------------------------Pencco Inc

SIIn8IIn of iIUtII_ IIgt sign bid Monica Avila Bid Sec

___

170f21

81___d _ __ tl-__1 GEJIIERAL COMDnIOMS

(a) _____ -__

~ Bktder mIIIIe ~neceuytoirlOrmhiml tharouCINtn GllhetyOl ______~lSreqJredbrtt1bid~ NopllnOfiQnOr~bwtha~of

CiCIfldIonI th or hIreIbr_ra Of (W CIIMMn on PI __ blddIw to III t-=-~~ and irwaIgiIOnIto k ewIfy deIIIl the f1II1Wlmentl Of the ccnr1lCl _ _ __ _ __W__(_S) _ CltnrtltIor

~CI aMrd d IMt conIrICt SAWS IhtI hMoe rtght to CiInCIId oniIrs upon 01 ConIJ-=- to dIIIiyenIty n in 1WGPQUf SAWS SfIM 8110 h8we ~ rigtIt to 0Idet naeriilh ~ COIJ1IIIRIbIedelSilnandqu8ltyittequtltDa~itIIClIdIIdkardIno~frclMiWIy~~nIlOchCotII forcIfknnce~ofmateriamp~

2 PREPARATION Of lIDS 81C11 be tftPIAdlftllCClOfdne ~ () TheBiddlt fumtsh 81 1nreIohdbythe tidbm TtIe bidder pitfor typIthlSfInd 1NIIIoII~tndal~1I ShIM Gnwbkttentry 1$ madre (b lNprioes betLflaiMt -rar_nIiortCII UIilprice ~

(e)(d) Where____ ~cfbull ______ and l1li kWIIIIIaft tor bid IIIppnMIcf ~ hie br~ nat so cleItoIIJIIMtd yenIIiJI rQ be ~~-_ unfeU autuiud in wi1in by U connctinDafIIJcwIlhIn ttwtt- JIiot apeMIJ

(e) 8ktders lrdincUtlildlnl_inllld tinceSAWSIltomPllVlltGf A_~~wbeUnlshed~

DIIOIIPTIOII Of IUPllElIMIt __ or ~ f1IIInncIa in-dIKIbIg ltemll~ and nat restrlclMGIifIIIrwiM -d cnyto tndc_ al(I qJIIty of lTIIIleria WMn itent ~ dffer in ~__--_ _ _ _ _d_ oonose _ _ ___

4 QUAIITfTItS 81cfid1rs laquo~~CUtng ~IIIIIffOd nclCIIIcutMItt ~ poIIyOlSAWShoMverbullbull OI~blqInoaldCCJhdlng1O tS1IItbin Oftclull~CI~_ OI IIICII1tlfIIch~wtd aan-certlln __ CIIiIIulIJIedDft dlUllliBafa~ ehttlTight~ ~ccntractperiDd_S tlIMglUCt-PWiOCtSAWStnl~dIO_ ~any(JthelllmlarfMYdIIIIte or__ _the tIld~cr~ __ Undlrlivdl cannel_ _ __ __ __ __-

tudI~pIQpOHId on bISAWS~righltobld~inSAWfr~middot bull An~bkIdIIMd_cnWllhkhilimcrtlof tidillt ~ IIIsI then bull h ITWlel ptce or tIkIderI COlt _ aID n- tiddlllr GIll OWIQII tid but crI bull ~ alae-r SAWS resene riOM to8 ita ~RtctfliUi(jtbkI~ 1f1fldl twd ~SAWS 1heCOf1htt $AW$retii8fWSto~ar aud1i1enwfnlm~tobe~ orWCllk II) be

~0f8101 ) 8IdII tnd ~ lhIIbe encllOledln~-ape ~toCoMIIdhI 0fJtCIItS- MIanIoW_ ssaem 1hI ~ bull d tiddar1he date nhcu oftid opening aruI

__(b) __hllNOfmaeialar_ tidon- CtSAWS0IAIidt_ tel ~IIIUIt alJbMllledwltNntlll_~ ftO tI)SAWS IfnolOyenedorused dIrinQ ber~upanbullbulltidOInaplfllbull ___OIII11OD11CAllOH Of 81)8

BtrtlbeIme fOr bltdtlJlWllt9the ~Of~OfIctit ~ JftDiIIIMf~rWIII1ce~lUChlllGle8 reeehoedpiorlO IImt_dIiWI Ntfar tido~ oe-wu andmodlcltanalaquo ~ receMdfm1 _tor tfdopllllllrG tJensmedunopene4

1 DIIICOlJNTS () PfIynwtt cb~ wI1 be rcnkIIrMin ng d~1Dd of dlCOILIt cPftnd 1amp StftciIRto paymenllIIIhI aUCh period in CGIntI dtluslness The I1IIIUe of ~~

8IsGbII~IC1 (b) canon Mh any ~t1IIWbull be ~flaquom ell ~ Of IampCIPIes orJehlCe laquohrfn carrea1IWCice Isrtclliilled ~ dille ~iI dttmedtobe INIdI

on1he date 01 nIIng of the cfIeeIL SElLERS 11_() __ ___ __ ___5-__- _O Nobull __ _ _

(b) lWaicallil natmdyCI-n_receiipof~orlrMJiCel~ --------EXf_ Of _AI CONTRACT SAWS rwetMI ftamp ~ flO ~ 1fIIIIPIOIII to -nd _ tonncI ___ en pettod Of men taII ON arIUtItKt alfN tems eondions bull enunwraled lit me tern and CCtIdIIona cI~tor bt amt a price f1lpriCa noIto 1IIC88d_~

10 AyenfARD OF CCraquofTRACTr) The Connctthe bIdIiIr tJld~tothe ~_bIdl1I naI toSAWS b BIdders -dngOl~ablcfis~cI andDty~ The clwd1~(1) _ __-_

(2) _SAWS-_____ _ __

(l) __in SAWlr)ldleftWlt lOwbddlJr is noI SAWS to -d he ccnnrtto the 6iddIra ltil nattbe fJlSAWS~ton-d~ on riI in bi Oller ctffIrwtCaamplnbMkPlCa tlfleit8fn SAWSreurves tWUtotUe~ tdln_Nyenift ~cfSAWS to ~fcIIIowI

(1) 1IojIIcI(2) ___ _ _

3 ~bIQft_a-tsfJI~OIhertNnpice ~ ---111 rlfbidl is _IIiIMIr n ncfIctionof 8oardtlTfUItN$ In bIddIr prceestlhe ~ rteGltlnelldIJdbythe ~Ing chiIimlhe(C) SAWS=-==--=I~mtMlnQOf8oInf_~lWIfWIgpricrto d

(d) ____SAWS __ _

11 REJICT1OIOSAWSOf (a) __ _ _

1 n1iddIr~ft MIin1idI 1M1id ____COIIfcImtothe_the~OItid

a 1hI1id II cardIonaI ~

4 _ Thltbldll~__noI SAWS _ _ _bld _ d __SAWS~

CD) SAWSIWIttWIIDNIiJCtor tIkII1O~tIIdIOI_~btSAWSto _-tand fortnIIMlaquo it ND_IIOckoMIW~cftclWorOlltMlHdWorwh_ OIIIIitrd anwhtIhor lhtllbanOlkworOI 13 == CltrOlMtGIthI _ --or 01 AftyQIII Ol ~_ blIIOf~YfIICl

(OJ ___ _____dOhOIy_--________ (II) _ UnIt_ _ bid______ W_ _ __ __-_ shy~

~In_ _~_bt_~_ I11III1110001_) A__ _____(e) _ --Ild(st- _ _- ____ - _____ __

_ _ _ ___- - --InMOy- - ----- -1 A __ _ _ _ _ ___ __~ ~ 111___ -_ _____bull_-___bull_flr___ _ ____r0IIIC0rto~ prtcellJtor fIw1IIIlIddiIr fie ~ 0fticAr ~ wfntpect fte perfIw1t~ price _or ~ In Iheolktt

104 EQUAL MIIIOvtfT 0PPCNnlIfiY All conncaln dS10OOOOOoallhft t5laquo1IIIQhWUdt() TIIIt_ _ _ TIIIt_ _ _ ____- _ shy

=~=-==== =n~-~~====r~---__ __shy(b) IpGt ItICIfthCW to SAWS bull Ind parnit __ 11) fICOIdI and _1w ~ Of to ~~ rufeJ- shy_ flAWS(c) If fourdnatlD be In ~ thenat fllIit-ot cannct tlllcaNNClny ~~ or urpendId tn laquo In part QIf1hcID (My ~trom

(d) AI iiddIraor~canncDsor~totubmlt Mdlaquo~-tn SIgnad OIIciIIIft ln Of~fIO~ u~-_~dDnaI___ _ Gn OIoJIIIrIIIgIan ~arIgi__ _ __3 __-~Acl(el Tho _Ordlr201bull _ _~~

Of1_~~farand~inCilllllMelanHUODIiaIId15 8I)8QNO

A ttId bond be ~ If SAW$~~-- ~__ tl -CIt tOIhct SAWS s1LtOOOOO rbfd bowIt II~ _mull tal ~bp Bid8ond c-otChtclaquoCatitII ChID DIi laquo~tn 01 __ hnMtft) bid I4JCGInft II) ~Snobid~

unIIultilin~IIith__ 8Gndll0Ic-1tu _1IiI___ crawt and ~--- ~ _ ___ _ __ 0 -_ SlktBondlaquo~

11 FUNOIIG __ In fie _ _ _____ ____SAWS In tNa cowact tD to HCIn or far Oller cn vwnU - to jnMdIww Md iCQnWCl copita bullbull UCC 1iIngI-d factOtInO SOWS_IO - __ assIgrwnreM

~flIMIIt~to Otin t8ed_~bJ II)YWdlrIneeolIIIIIJIcaI fthokIIr

~~

17of21

SAWS STANDARD INSURANCE SPECIFICATIONS (Specifications)

I Commencing on the date of this Contract the Contractor shall at his own expense purchase maintain and keep in force such insurance as will protect him and the San Antonio Water System (SAWS) and the City of San Antonio (the City) and their employees and agents from claims which may arise out of or result from his operations under this Contract whether such operations are by himself by any sub-contractor supplier or by anyone directly or indirectly employed by any of them or by anyone fur whose acts any of them may be liable including without limitation the following

a Worken CompensatioD (WC) insurance that will protect the Contractor SAWS and the City from claims under statutory Workers Compensation laws disability laws or such other employee benefit laws and that will fulfill the requirements of the jurisdiction in which the work is to be pertbrmed

This insurance shall be endorsed to provide a Waiver of SubrogatioD in favor of SAWS and the City with respect to both this insurance coverage and the Employen Liability (EL) insurance (as specified immediately below in section lb)

b Employen Liability (EL) insurance (Coverage B under standard Workers Compensation policy) that will protect the Contractor SAWS and the City fur damages because of bodily injury sickness disease of vendors employees apart from that imposed by Workers Compensation laws The employers liability insurance shall have minimum limits ofliability ofnot less than

$ 100000000 Bodily Injury by Accident 100000000 Bodily Injury by Disease - Each Employee 100000000 Bodily Injury by Disease - Policy Limit

c Commerdal General Liability (CGL) insurance that will protect the Contractor SAWS and the City from claims fur damages because of bodily injury personal injury sickness disease or death and insurance that wilt protect the Contractor SAWS and the City from claims fur damages to or destruction of tangible property ofothers including loss ofuse thereof

This coverage shall

bull Cover independent contractors

bull Not include any exclusions relating to blasting explosion collapse ofbuildings or damage to underground property where applicable

bull Afford coverage fur Products Liabilityandor Completed Operations and Contractual Liability

The minimum limits ofliability fur this coverage shall be

$ 100000000 Occurrence Limit 200000000 General Aggregate

180f21

100000000 ProductsCompleted Operations Aggregate 100000000 Personal and Advertising Injury

5000000 Fire Legal Liability 100000000 Contractual Liability

This insurance shall be endorsed

bull Naming SAWS and the City as an Additionallosured and

bull To provide a Waiver of Subrogation in favor ofSAWS and the City

d Comprehensive Automobile Liability (AL) insurance that will protect the Contractor SAWS and the City from claims for damages arising out ofthe maintenance operation or use of any owned non-owned or hired vehicles Minimum limits of liability for bodily injury and property damage combined shall be not less than $100000000 per each occurrence

This insurance shall be endorsed

bull Naming SAWS and the City as an Additional Insured and

bull To provide a Waiver of Subrogation in favor ofSA WS and the City

e Umbrella LiabiUty (UL) insurance in the amount ofS200000000 This policy shall be ofan Occurrence type and the limit of liability shall be concurrent with (following form) and in excess of the EL CGL and AL insurance coverage as descnbed in paragraphs lb lc and Id above

f Contractors Pollution Liability Insuraoce with limits of $1000000 per occurrencelS2000000 in the aggregate The policy shall provide claims made coverage for all claims liabilities damages costs fees and expenses of any kind or character arising out ofany Pollution Condition(s) (as defined below) that js in any way related to CONTRACTORs operations actions or inactions and completed operations associated with any work performed by Contractor its subcontractors or any of their respective employees agents representatives or officers under this Contract Coverage must be maintained for a minimum of twenty-four (24) months after the end of the Contract term or ifthe Contract js terminated fOr any reason fOr a minimum oftwentyshyfour (24) months fOllowing the date of termination The policy retroactive date will be no later than the Contract start date

Pollution Condition(s) means the djscharge dispersal release or escape of any solid liquid gaseous or thermal irritant or contaminant including but not limited to smoke sewage vaplrs soot fumes acids alkalis toxic chemicals medical waste and waste materials into or upon land the atmosphere or any watercourse or body of water including groundwater provided such conditions are not naturally present in the environment in the amounts or concentrations discovered

The Contradors Pollution Liability losurance will pay on behalf of the CONTRACTOR SAWS and the City of San Antonio all claims demands damages liabilities costs fees and expenses of any kind or character fOr bodily injury or death

190f21

property damage environmental or natural resource damage and any fines fees assessments or penalties of any kind assessed by any governmental department agency or commission that resuh from or are related to a Pollution Condition(s) Coverage will include all subcontractors hired by CONTRACIOR to perform any work under this Contract

The policy shall also include the fullowing provisions

I) Coverage fur bodily injury to include physical injury sickness disease mental anguish and emotional distress sustained by any person including death

2) All costs that are related to or that arise out of or from the investigation or adjustment of any claim or in connection with any court arbitration mediation state administrative hearing or other proceeding ofany kind including attorneys fees expert witness fees costs charges and expenses of any kind or character that arise out ofor that are related to a Pollution Condition(s)

3) Coverage shall be Primary and in addition to any other valid and collectible insurance carried by SAWS and the City of San Antonio as respects to this Contract

4) Coverage fur Natural Resource Damages and any fines fees penalties or assessments by any governmental agency commission or department related to any Pollution Condition(s)

5) Insured versus Insured exclusion if fuund in the policy shall not apply to a claim by an Insured who qualifies as a Client of the Named Insured under the policy

6) IfNon-Owned Disposal sites are used for disposal ofwastes these sites shall be specifically included under the Contractors Pollution Liability Insurance policy and

7) Coverage for punitive exemplary and multiple damages

Automobile Liability policy ofCONTRACIOR halliing QlJy quantityof fluorosilicic acid shall either be endorsed to provide coverage under the TE9948 endorsement or the Contractors Pollution Liability Insurance policy shall be endorsed to provide transportation coverage beyond the boundaries ofthe testing andor delivery site(s)

2 Contractor shall require Sub-contractors to carry insurance coverage appropriate to their scope ofWork

3 Contractor shall furnish a completed Certificate ofInsurance which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage limits and termination provisions shown thereon

4 The insurance that is required under these Specifications shall be written so that SAWS and the City will be notified in writing in the event of cancellation restrictive endorsement or nonshyrenewal at least thirty (30) days prior to such action

200[21

5 Certificates of Insurance shall be filed with the System 10 days prior to the SAWS Board of Trustees award of the Contract The SAWS Contract namelBid number shaD be included in the Description of Operations section located in the bottom half of the standard ACORD Certificate furms

Certificates shall be mailed to SAWS directly to

San Antonio Water System Attention PurchBSbtg Division P O Box 2449 San Antonio TeDs 78198-1449

Contractor shall be responsible fur obtaining Certificates of IDsunnce from the first tier Subshycontractor and upon request furnish copies to SAWS

6 Separate Certificates of Insurance shall be filed with the City ofSan Antonio] 0 days prior to the SAWS Board of Trustees award of the Contract The SAWS Contract namelBid number shaD be included in the Description of Operations section located in the bottom half of the standard ACORD Certificate furms

Certificates shall be mailed to the City ofSan Antonio directly to

City ofSan Antonio Attention Risk Management PO Box 39966 San Antonio TX 78283-3966

A copy of the certificate of insurance provided to the City of San Antonio shall be provided to SAWS at the same time

7 Contractor is responsible for all deductibles under all ofthe insurance policies reqilired by these Specifications

8 The stated limits of insurance required by these Specifications are MINIMUM ONLY and it shall be the Contractors responsibility to determine what limits are adequate and the length of time this coverage shall be maintained the insurance limits are not a limit of the Contractors liability

These minimum limits may be basic policy limits or any combination of basic limits and umbrella limits SAWS acceptance of Certificates of Insurance that in any respect do not comply with these Specifications does not release the Contractor from compliance herewith

9 Contractor agrees that an insurance policies required bYthese Specifications shall be with insurance companies firms or entities that have an AM Best rating of A- (A- minus) and a Financial Size Category rating of a VII or better All insurance policies shall be of an Occurrence type except the Contractors Pollution Liability line ofcoverage

210f21

10 SURVIVAL

Any and all representations conditions and warranties made by Contractor under this Contract including without limitation the provisions ofSection lb ie and Id ofthese Insurance Specifications are ofthe essence ofthis Contract and shall survive the execution and delivery of it and all stalernents contained in any document required by SAWS whether delivered at the time ofthe execution or al a later dale shall constitute representations and warranties hereunder

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PENCCO INC Pioneer Engineering Chemical Company

AFFIDAVIT OF COMPLIANCE

This is to certify that the Hydrofluorosilicic Acid supplied by our company meets A WWA Standard B703-00 or the latest revision and is certified to NSFANSI Standard NSF-60

Signature shy

R L Home President

Name and Title ofOfficial

142010

Date

PO BOX 600 bull SAN FELIPE TX 11473

PHONE 919-885-0005 bull 800-864-174~ bull FAX 979-885-3208

INPOPENCCOCON

NSF Certified Products - Public Water Supply Treatment Chemicals Page lof2

NSF

NSF Product and Service Listings

These Listings were Last Updated on Thursday Janulry 14 Z010 at 415 AM Eastern Time Please contact NSF International to confirm the status ofany Listing report errors or make suggestions

Wami NSF is COIIccncd abot fradu 1 d-loIIdilll d iplaUolI ofwcbsik tOIl Ifyou havo relaquorod Ihis listiar in lIrd copy ys rorafirm tllis ccrtlflcatleDilistlac Infonnlion lIy COilli diretlly to hHnllmywnrforclCertlfOCllP1Ch_ibullbullblListilAlpfCOIIIQlnyNme-peDccoamp for tho latest most eatntl ifonnatlon

NSFANSI STANDARD 60 Drinking Water Treatment Chemicalsmiddot Health Effects

----------~-----~

PENCCO INC PO BOX 600 SAN FELIPE TX 77473 800-864-1742 979-885-0005

Facility DISTRIBUTION CENTER - RICHMOND CA

Hydrofluosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid

Product Function Fluoridation Fluoridation

Max Use 6mgIL 6mgIL

Hydrofluosilicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - SOUTH GATE CA

HydrofluosUicir Acid Trade Designation Product FlUlCtion Max Use Fluorosilicic Acid Fluoridation 6mgIL Fluosilicic Acid Fluoridation 6mgIL Hydrofluosiiicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - WILLOW SPRINGS IL

Hydroftuosllicir Arid Trade Designation Product Fll1ICtion Max Use Fluorosilicic Acid Fluoridation 6mgIL F1uosilicic Acid Fluoridation 6mgIL Hydrofluosilicic Acid Fluoridation 6mgIL

httpwwwnsforglCertifiedlPwsChemicalslListingsaspCompanyName=pencooampTrade111412010

NSF Certified Products - Public Water Supply Treatment Chemicals Page 20f2

Facility D1STRI BUTION CENTER - BALTIMORE MD

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Facility DISTRIBUTION CENTER

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Product Function Fluoridation Fluoridation Fluoridation

SEALY TX

Product Function Fluoridation Fluoridation Fluoridation

Facility DISTRIBUTION CENTER - WAXAHACHIE TX

Hydrofluosilicic Acid Trade Designation FLUOROSILICIC ACID FLUOSJLlCJC ACID HYDROFLUOROSILlCJC ACID HYDROFLUOSILICIC ACID

Product Function Fluoridation Fluoridation Fluoridation Fluoridation

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL 6mgIL

Number ofmBlching Muufactun1ll is 1 Number ofmalching Products is 19 Processing time was 0 seconds

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httpwwwnsforglCertifiedlPwsChemicalslListingsaspCompanyName=penccoampTrade114120 10

PENCCO INC Pioneer Engineering Chemical Company

HydrofluorosiIicic Acid Bid QAlQC Info

Pencco meets AWWA Standards and is NSF Certified

Hydrofluorosilicic acid also known as HFS or FSA is a transparent colorless (water white to straw yellow) aqueous solution that is used in a variety of applications including the major end-use water treatment for fluoridation FSA is produced during the concentration of phosphoric acid in an evaporation process unique to the phosphate industry The vapor stream from the phosphoric acid reaction is scrubbed with water to form FSA from the naturally-occurring silica acid The final product is collected stored and tested prior to release for shipment Potential danger of contamination is minimized through compliance with NSF 60 NSF 60 typically checks sourlt)e product and any subsequent transfer before unloading into customer tanks

infopenccoCGm PO Bo 600 S Felipe Tens 77473-0600 9791885-0005 FAX 979f88S310ll

Refer FL-J43 September 2000

THE MANUFACTURE OF THE FLUORIDE CHEMICALS

All ofthe fluoride chemicals used in the US for water fluoridation sodium fluoride sodium fluorosilicate and fluorosilicic acid are useful byproducts of the phosphate fertilizer industry The manufacturing process produces two byproducts (I) a solid calcium sulfate (sheetrock CaS04) and (2) the gases hydrofluoric acid (HF) and silicon tetrafluoride (SiF4) A simplified explanation of the manufacturing process follows Apatite rock a calcium mineral found in central Florida is ground up and treated with sulfuric acid producing phosphoric acid and the two byproducts calcium sulfate and the two gas emissions These gases are captured by product recovery units (scrubbers) and condensed into 23 fluorosilicic acid Sodium fluoride and sodium fluorosilicate are made from this acid

The question of toxicity purity and risk to humans from the addition of fluoride chemicals to the drinking water sometimes arises Almost all of the over 40 water treatment chemicals that may be used at the water plant are toxic to humans in their concentrated form eg chlorine gas and the fluoride chemicals are no exception Added to the drinking water in very small amounts the fluoride chemicals dissociate virtually J 00 into their various components (ions) and are very stable safe and non-toxic

Opponents of water fluoridation have argued that the silicofluorides do not completely dissociate under conditions ofnormal water treatment and thus may cause health problems To counter these claims the basic chemistry of this dissociation has been carefully reviewed Scientists at the US Environmental Protection Agency (EPA) and CDC epidemiologists have examined the research that opponents of water fluoridation cite Both groups have concluded that these charges are not credible

The claim is sometimes made that no health studies exist on the silicofluoride chemicals used in water fluoridation That is correct We the scientific community do not study health effects of concentrated chemicals as put into water we study the health effects ofthe treated water Le what those chemicals become fluoride ion silicates and the hydrogen ion The health effects of fluoride have been analyzed by literally thousands of studies over SO years and have been found to be safe and effective in reducing tooth decay The EPA has not set any Maximum Contaminant Level (MCL) for the silicates as there is no known health concerns for them at the low concentrations found in drinking water Of course the measurement ofthe pH of the water determines the concentration of the hydrogen ion

Concern has been raised about the impurities in the fluoride chemicals The American Water Works Association (A WWA) a well-respected water supply industry association sets standards for all chemicals used in the water treatment plant including fluoride chemicals The A WWA standards are ANSJJ A WWA B701-99 (sodium fluoride) ANSJJ A WWA B702-99 (sodium

fluorosilicate) and ANSIIAWWA B703-00 (fluorosilicic acid) The National Sanitation Foundation (NSF) also sets standards and does product certification for products used in the water industry including fluoride chemicals ANSINSF Standard 60 sets standards for purity and provides testing and certification for the fluoride chemicals Standard 60 was developed by NSF and a consortium of associations including the A WWA and the American National Standards Institute (ANSI) This standard provides for product quality and safety assurance to prevent the addition of harmful levels of contaminants from water treatment chemicals More than 40 states have laws or regulations requiring product compliance with Standard 60 NSF tests the fluoride chemicals for the II regulated metal compounds that have an EPA MCL In order for a product [for example fluorosilicic acid] to meet certification standards regulated metal contaminants must be present at the tap [in the home] at a concentration ofless than ten percent of the MCL when added to drinking water at the recommended maximum use level The EPA has not set any MCL for the silicates as there is no known health concerns but Standard 60 has a Maximum Allowable Level (MAL) of 16 mgIL for sodium silicates as corrosion control agents primarily for turbidity reasons NSF tests have shown the silicates in the water samples from public water systems to be well below these levels

Arsenic according to NSF tests had an average of043 ugIL [parts per billion] in the drinking water attributable to the fluoride chemical Opflow a monthly magazine from the A WWA has found the arsenic level in the finished water from the fluorosilicic acid to be 0245 ugIL [OpflowVol 26 No 10October 2000] The NSF Standard 60 has a Maximum Allowable Level (MAL) of25 ugIL and EPA has a MCL of 50 ugIL although they have proposed to lower their MCL to 5 ugIL As you can see arsenic is less that III Oth ofeven the proposed EPA MCL Finally tests by NSF and other independent testing laboratories have shown no detectable levels

of radionuclides in product samples of fluoride chemicals There is no evidence that any of the known impurities in the fluoride chemicals have failed to meet any of these standards Opponents ofwater fluoridation have sometimes charged that industrial grade fluoride chemicals are used at the water plant instead ofpharmaceutical grade chemicals All the standards of AWWA ANSI and NSF apply to these industrial grade fluoride chemicals to ensure they are safe Phannaceutical grade fluoride compounds are not appropriate for water fluoridation they are used in the formulation of prescription drugs

Finally it is sometimes alleged that the fluoride from natural sources like calcium fluoride is better than fluorides added artificially such as from the fluoride chemicals presently used There is no difference There is no reason to change the opinion of CDC that water fluoridation is safe and effective

Thomas O Reeves PE National Fluoridation Engineer Program Services Branch Division ofOm] Health National Center for Chronic Disease Prevention and Health Promotion Centers for Disease Control and Prevention

2

8813 US Highway 41 South Riverview Florida 33569

EMERGENCY TELEPHONEmiddot CHEMTREC 1-800-424-9300

SECTION I PRODUCT INFORMATION

TRADE NAME Hydrofluosilicic Acid

CHEMICAL NAME I Hydrofluosilicic Acid

CAS NUMBER

CHEMICAL FAMILY

SYNONYMS

PRIMARY USE

SECTION II

FORMULA

COMPOSITION

SECTION III EMERGENCY OVERVIEW

16961-83-4

I norganic Fluorides

FluorosHicic Acid Hexafluosilicic Acid HFS FSA Auoridation of drinking water

COMPOSITION INFORMATION ON INGREDIENTS

H2SiF6

Hydrofluosilicic Acid 120-25

water 175-80

HAZARD IDENTIFICATION Large doses can cause nausea vomiting diarrhea abdominal buming and cramp-like pains Circulatory respiratory neNOUS complaints and skin rashes may occur Liquid

Health Hazards or vapor also causes severe irritation and bums Which will not be immediately apparent It also causes severe irritation to the lungs nose and throat If swallowed it can cause severe damage to throat and stomach

Physical Hazards Not applicable

Physical Form liquid

Appearance water White to straw yellow liquid

Odor Pungent

Toxicity Not identified as toxic by OSHA

NFPA HAZARD CLASS ~HAZARD CLAS Health 3

I Flammability 0

Instability Special Hazard 1

FlammabHity 1

Physical 2Hanrd

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOSt MOS16961061

POTENTiAl HEALTH EFFECTS

Acute - I Titant Chronic - Degenerative changes in the liver Fluorosis

POTENTIAl ENVIRONMENTAl EFFECTS

None listed

SECTION IV FIRST AID MEASURES

FIRST AID PROCEDURES

Eyes Invnediately flush with plenty of water for at least 15 minutes Get medical attention invnediately

Skin

Invnediately flush with plenty of water Remove contaminated clothing Discard contaminated clothing properly Get medical attention if irritation occurs or persists

Inhated Move to fresh air Administer oxygen Treat symptomatically Get medical attention promptly

Ingestion Give large quantities of water to patient if conscious 00 Not induca vomiting Seek medical attention promptly

NOTE TO PHYSICIAN Not applicable

SECTION V FIRE FIGHTING MEASURES

Flammable Properties

Flash Point Not applicable

Flammability Not applicable

LEUUEL Not applicable

Auto-Ignition Temperature

Not applicable

Extinguishing Media Small fires Water spray foam dry chemical or CO2

Large fires Water spray fog or foam

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOS MOS16961061

Wear selfcontained breathing apparatus with full protective clothing

Protection of Firefighters

Dangerous when heated to decomposition highly toxic and corrosive fumes of fluorides are emitted Will react with water or steam to produce toxic and COITOSive fumes May generate hydrogen in contact with some metals

SECTION VI

RESPONSE TECHNIQUES

ACCIDENTAL RELEASE MEASURES Small spills Contain spill and stop leak if it can be done without risk Use sodium carbonate or a mixture of soda ash and slaked lime sand or noncombustible absorbent material to soak up material Place in DOTmiddotapproved poly container and dispose of properly

Large spills Use same procedure as above Isolate spill area and deny entry Prevent discharge into waterways and sewers Material may be neutralized with sodium carbonate or a mixture of soda ash and slaked lime Contact proper local state or federal regulatory agencies to ascertain proper disposal techniques and procedures

All waste to be collected in a DOTmiddot IPOlY drum for disposal

= SECTION VII

HANDLING

HANDLING AND STORAGE

Avoid contact with eyes skin and clothing Wash thoroughly after handling Maintain proper hygiene practices when handling this product

STORAGE Use DOT-approved poly drum for storage

SECTION VIII EXPOSURE CONTROLS I PERSONAL PROTECTION

ENGINEERING CONTROLS

Eye wash and shaNer stations should be available where acid is being handled

PERSONAl PROTECTIVE EQUIPMENT (PPE)

EyelFace

Skin

Respiratory

Splash proof goggles and fullmiddotface shield should be worn at all times Acid proof gloves headgear protective shoes and clothing should be worn to Drevent contact Use respiratory for 20ppm or less concentration Use a self-contained breathing apparatus for concentrations of greater than 2Oppm

Other None

GENERAL HYGIENE CONSIDERA nONS

Avoid breathing fumes Avoid ingestion Wash thoroughly after handling Avoid contact with eyes or skin Use in adequate ventilation

EXPOSURE GUIDELINES

OSHA Permissible Exposure Limits (PEL) 25mgFm3

ACGIH Threshold Limit Value (TLV) 25 rng Fm3

Status New Issue ~ate February 3 2006 Section(s) Revised NlA MSDS MOS16961061

SECTION IX PHYSICAL AND CHEMICAL PROPERTIES

Note Unless othetWise stated values in this section are determined at 20middotC (68middotF) and 760 mm Hg (1 aim)

Flash Point Not applicable Flammabilityl Explosive Limits ()

Not applicable

Auto-Ignition Temperature

Not applicable

Appearance Water white to straw yellow liquid

Physical State Liquid

Odor Pungent Molecular Weight of Pure Material

14411g1mol

pH 12 Vapor Pressure (mmHg)

Not applicable

Vapor Density (air=1)

Not applicable

Boiling Point 2223 OF

FreezinglMelting Point Not applicable

Solubility in Water Not applicable 100 soluble in water

Specific Gravity 12

Volatility Not applicable

Bulk Density 98 Ibslfemiddot 25 Sol 77DF

SECTION X STABILITY AND REACTIVITY

Chemical Stability Stable

Conditions to Avoid Avoid all heat sources

Incompatible Materials Avoid contact with metals stoneware strong acids and alkalies explosives toxicants readily oxidizable materials alkali metals combustible solids and organic peroxides

Hazardous Decomposition Products

Extreme temperatures such as a fire cause formation of highly toxic and corrosive fumes of fluorides such as SiF and HF Hydrogen gas may be fonned at temperatures above 227DF

Corrosiveness Attacks silica bearing materials metals and stoneware Hazardous Polymerization

Will not occur

Status New Issue Date February 3 2006 Section(s) Revised NA MSDS MOS16961061

SECTION XI TOXICOLOGICAL INFORMATION

Acute Oral Toxicity 430 mgkg oral-rat LD50

Acute Dermal Toxicity 140 mgkg LOLo (Frog)

Mutagenesis No data available

Target Organ No data available

Developmental Toxicity No data available

Carcinogenicity No data available

SECTION XII ECOLOGICAL INFORMATION

ECOTOXfCOLOGY No data available

SECTION XIII DISPOSAL CONSIDERATIONS

Keep in covered DOT-approved poly drums pending disposal Handle and dispose in full compliance with an applicable Intemational Federal State and Local reQulations

SECTION XIV TRANSPORT INFO

Regulatory Status None established

Proper Shipping Name Hydrofluosilicic Acid

Hazard Class Class 8 (corrosive)

Packing Group II

Identification Number UN1778

Guide Number 154

SECTION XV REGULA TORY INFORMATION

CERClA Not Regulated RCRA 26133 Not Regulated

SARA TI11E III Section 302 Not Regulated (ExemptIons at 40 CFR Pan 370 may apply for agricuIIural use or lor quantllies of less

SectIon 304 Not Regulated Section 3111312 Acute and Chronic

than 10000 pounds _lie) Section 313 Not Regulated NTP tARC OSHA Recommended for Study IARC group 3 Not regulated by OSHA

(PSM) Canada OSL and NDSL On Inventory TSCA On Inventory

Status New Issue Date February 3 2006 SectIon(s) Revised NlA MSOS MOS16961061

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS Usted as Fluorosilicic Acid CBSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUED REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMATION THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are fumished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4001shy1998

Note to (if 8IlpicBble)

Status New Issue Date February 3 2006 Section(s) Revised NlA MSDS MOS16961061

I

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS listed as Fluorosilicic Acid CaSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUEO REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMAnoN THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are furnished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4OO1shy1998

Note to __ (d 8pP1icab1ei

Status New Issue Date February 3 2006 Section(s) Revised NJA MSDS MOS16961061

DATE IIlIMIOOIYYY) nleO

IROOIJ(EII 1-113-623-2330

ACORD CERTIFICATE OF LIABILITY INSURANCE I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERllFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR

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If SUBROGATION IS WAIVED subject to the teons and conditions of the poHcy certain policies may require an endorsement A statement on this certificate does not OJOfer rights to the certificate holder in lieu of such endorsement(s)

DISCLAIMER

The Certificate of Insurance on the reverse side of this foon does not constitute a contract between the issuing insurer(s) authorized representative or producer and the certificate holder nor does it affinnatively or negatively amend extend or alter the coverage alforded by the policies listed thereon

ACORD 25 (2001108)

SUPPLEMENT TO CERTIFICATE OF INSURANCE I DATE 11180

NAME 01 INSURED PCCO Inc

Addii2Jg1 Ducllio II 00eta1ionslRemafks 1m PWl 1middot

Adcionallnfulmatlon

Ihldornt Pora if Applicable

General Liability

IBOOVBPICOOl Blapkat Additioaal ImIurecl ~ OvDer8yen Le or CODtractor8 a reqlird by

writtaD contract

IB COY BUC 001 Blanket Wiy~ of SUbrogation bullbull required by writtall contraot 4

Auto Liability

ADDL-ZKS-B 0600 Blanket Additional InltureltS a riOqUieltS by _1 U contract

IIAIVlIlI-B ono Blkt WaiT of Subrogation rOqU1reltS by _itten _tract

SUPP (05104)

--

p2Oct 16 09 1212p LARRY YORK 2814466447

-OAte ~Actt CERTIACATE OF INSURANCE 00 t~~m~py~I~HOLDERmiicRTiFiCAn

YORK INSURANCE AGENCY DOES NOT AllliiMO EICTIDIO OR ALTER THE COVERAGE FfOADEO BY TIll POIJCIE8 8IlOWPO BOX 3861

HUMBLE TEXAS 77338 COMPANIES AFFORDING COVERAGE

= A TEXAS MUTUAL INSURANCE COMPANY

~BI

PENCCOINC ~C PO BOX600 SAN FEUPE TEXAS 77473-0600 ~o

~E -

lHIS IS TOCERTlFY THAT THE POICIEJ OFIII$lAAIICG LISTED SEUlWHIW flEENI8SUGO roTtE~GD HAMeD AIIOVEFCRTItI POLIO ~ 1lI00000TGDIIOTmntSTAHOtItG ANY __1fT aIM OR CClIoIDnICIIII Of AIlaquo COHTNIOT OR OTHSI tIOCUMENT WITH Al8IECT ro WIIICII THIS ceAT1F1CA1I _Y IE ISSIJIID OA IMY PERTAIN TtE MURAIICE ~ av TIlE POUCI18 OfICRlIIEO _ IS SUBJECT Ttl JoU TtE TlflWI IIXClu1ONS lIIIO COICgtITIOHI$ Of SUCK POUCIEII LMmI SHOWN IoIAY W _ IlllIlUCIO BY PAlO tlAllol8

co TfHGbull a -r-~rrg~ --- GENE___tE

bull ---ITT~ERalLOIHJIIlM LtAaIUTY ~~lDCL bullClMOC_ OCCUR PERSONAl amp ADI lNJUIIIy bull i(llWffllllampO~C)T~ EMHOCCt_a bull

fHIIIe 0AMII8E v-r bull tIED tAIV

---au LIamplMT~JIIIO

ALL ~ AIIDS 1OOIl IKU-V

1ltIIIlIID NJlDS bulllfiWcwe

HolEO NIfOC middot__ot bull GIVIAGI UMSLITY --001- bull_MII

-~

bull___UlICAil _OCC~

I

rlllMlllIIJlMH~fONII

__ _noM

- s 1000000

A ucw_ a ~1oooooo

_~-JIY TSF-0001063581 16 OCT 09 16OCTO tMY8C-liACH IMIILOtR 1000000 1lOIaIIE-IOllOl UNIT

_ 0TI(jIft POLICY INCLUDES BLANKET WAIVER OF SUBROGATION I

I

oaClllfnotfOF~ fCCILOCA~nD16

TrOftUL bull

8HDOUI AHt Of _ ~ DEIIIICMEO POCtCfU e ~ IJIiIOCIIE TIll __ DATE _ _ ISSUIHG ClOMPAHY __ TO~

IWL]Loo WRrmM NOTICEro ceR1FJCiAIpound lIQIDEII_lO THE

LEFT lIUT fMJ8 10 lIN 8UOH NO1ICI 8oWL INPOIIE 110 O8UJotlllH 011 LWlLIT OF ICIIIlI UPOIf lIE OOIolPAHY l1li AGEJmI OA _RUlSNTATlYIlamp

Avt___~

( FOR BIDS ONLy) lt ~ shyl~~ flAM) bull -- I - o~ bMMIIXtfbrrnw

10-2008

F281middot629 (ROIl

PampOPltJSoL

TlMEl

DATI

TEllt NO

Y92)

SAN ANTONIO WATER SYSTEM P O BOX 2449

SAN ANTONIO TEXAS 78298middot2449 TABULATION OF BIDS

Annual Contract for Fluoroslficic Acid (February 2 2010 through February 1 2011) 300 pmbull January 19 2010

IlpoundSOlPnON ANOAPPIOlOMATE QUANlTN

ltshyv ltshyltshy

y sect ~ oS gtlt 8 8~ ~ 5Q~

-d =alN

t~

t~ ] g

gtlt~l Q~Z

N ~~

a~5 bull

u ~lZlJ~ __

~ ~ 2 ~ ~ JvlZl

1 23 nominal Fluorosilicic Acid UNIT PRICE 4542

0-III 0 Z

e III

~

2 1 ea 23 nominal Fluorosilicic Acid 55 pilon drum

UNIT PRICE 630

3 Split Delivery Fee (stop charge) 227 deliveries UNIT TOTAL 11000

4 Expediated Delivery UNIT PRICE 92500

APPRO~ATETOTAL TOTAL 50000000

Tenns

Delivery Days

1 20 days

5-6 days

1

BID INVITAnONS WERE MAUD TO ANDOR PICKED UP BY

Pennco SAWS Website Napea Chemical Cobull Inc Demandstar OXl UnivarUSA

Page 17: 331 Twisted Wood Dr.coalitionforsafemeters.org/TFSDW/PENNCO_Contract_2010.pdf · At the February 2,2010, meeting of the San Antonio Water System (SAWS) Board of Trustees, you were

SAN ANTONIO WATER SYSTEM SAN ANTONIO TEXAS

____________F_O_RMAL_~IIMTAnON BID (continued)

Page No 15 No Pages 21

Item Estimated Unit Total No Quantity Description Price Amount

IMPORTANT MAILING INSTRUCTIONS

Mark Envelope

DID NAME FLUOROSILICIC ACID

DID No 10-2088

OPENING DATE JANUARY 192010 TIME 900 AM

MAIL TO DELIVER TO

Purchasing Division Purchasing Division San Antonio Water System San Antonio Water System P O Box 2449 2800 US Hwy 281 North San Antonio Texas 78298-2449 San Antonio Texas 78212

NOTE It is the bidders responsibility to ensure that bids are received in the prescribed manner by the stated date and hour ofthe bid opening

-------------------------------------------Pencco Inc

SIIn8IIn of iIUtII_ IIgt sign bid Monica Avila Bid Sec

___

170f21

81___d _ __ tl-__1 GEJIIERAL COMDnIOMS

(a) _____ -__

~ Bktder mIIIIe ~neceuytoirlOrmhiml tharouCINtn GllhetyOl ______~lSreqJredbrtt1bid~ NopllnOfiQnOr~bwtha~of

CiCIfldIonI th or hIreIbr_ra Of (W CIIMMn on PI __ blddIw to III t-=-~~ and irwaIgiIOnIto k ewIfy deIIIl the f1II1Wlmentl Of the ccnr1lCl _ _ __ _ __W__(_S) _ CltnrtltIor

~CI aMrd d IMt conIrICt SAWS IhtI hMoe rtght to CiInCIId oniIrs upon 01 ConIJ-=- to dIIIiyenIty n in 1WGPQUf SAWS SfIM 8110 h8we ~ rigtIt to 0Idet naeriilh ~ COIJ1IIIRIbIedelSilnandqu8ltyittequtltDa~itIIClIdIIdkardIno~frclMiWIy~~nIlOchCotII forcIfknnce~ofmateriamp~

2 PREPARATION Of lIDS 81C11 be tftPIAdlftllCClOfdne ~ () TheBiddlt fumtsh 81 1nreIohdbythe tidbm TtIe bidder pitfor typIthlSfInd 1NIIIoII~tndal~1I ShIM Gnwbkttentry 1$ madre (b lNprioes betLflaiMt -rar_nIiortCII UIilprice ~

(e)(d) Where____ ~cfbull ______ and l1li kWIIIIIaft tor bid IIIppnMIcf ~ hie br~ nat so cleItoIIJIIMtd yenIIiJI rQ be ~~-_ unfeU autuiud in wi1in by U connctinDafIIJcwIlhIn ttwtt- JIiot apeMIJ

(e) 8ktders lrdincUtlildlnl_inllld tinceSAWSIltomPllVlltGf A_~~wbeUnlshed~

DIIOIIPTIOII Of IUPllElIMIt __ or ~ f1IIInncIa in-dIKIbIg ltemll~ and nat restrlclMGIifIIIrwiM -d cnyto tndc_ al(I qJIIty of lTIIIleria WMn itent ~ dffer in ~__--_ _ _ _ _d_ oonose _ _ ___

4 QUAIITfTItS 81cfid1rs laquo~~CUtng ~IIIIIffOd nclCIIIcutMItt ~ poIIyOlSAWShoMverbullbull OI~blqInoaldCCJhdlng1O tS1IItbin Oftclull~CI~_ OI IIICII1tlfIIch~wtd aan-certlln __ CIIiIIulIJIedDft dlUllliBafa~ ehttlTight~ ~ccntractperiDd_S tlIMglUCt-PWiOCtSAWStnl~dIO_ ~any(JthelllmlarfMYdIIIIte or__ _the tIld~cr~ __ Undlrlivdl cannel_ _ __ __ __ __-

tudI~pIQpOHId on bISAWS~righltobld~inSAWfr~middot bull An~bkIdIIMd_cnWllhkhilimcrtlof tidillt ~ IIIsI then bull h ITWlel ptce or tIkIderI COlt _ aID n- tiddlllr GIll OWIQII tid but crI bull ~ alae-r SAWS resene riOM to8 ita ~RtctfliUi(jtbkI~ 1f1fldl twd ~SAWS 1heCOf1htt $AW$retii8fWSto~ar aud1i1enwfnlm~tobe~ orWCllk II) be

~0f8101 ) 8IdII tnd ~ lhIIbe encllOledln~-ape ~toCoMIIdhI 0fJtCIItS- MIanIoW_ ssaem 1hI ~ bull d tiddar1he date nhcu oftid opening aruI

__(b) __hllNOfmaeialar_ tidon- CtSAWS0IAIidt_ tel ~IIIUIt alJbMllledwltNntlll_~ ftO tI)SAWS IfnolOyenedorused dIrinQ ber~upanbullbulltidOInaplfllbull ___OIII11OD11CAllOH Of 81)8

BtrtlbeIme fOr bltdtlJlWllt9the ~Of~OfIctit ~ JftDiIIIMf~rWIII1ce~lUChlllGle8 reeehoedpiorlO IImt_dIiWI Ntfar tido~ oe-wu andmodlcltanalaquo ~ receMdfm1 _tor tfdopllllllrG tJensmedunopene4

1 DIIICOlJNTS () PfIynwtt cb~ wI1 be rcnkIIrMin ng d~1Dd of dlCOILIt cPftnd 1amp StftciIRto paymenllIIIhI aUCh period in CGIntI dtluslness The I1IIIUe of ~~

8IsGbII~IC1 (b) canon Mh any ~t1IIWbull be ~flaquom ell ~ Of IampCIPIes orJehlCe laquohrfn carrea1IWCice Isrtclliilled ~ dille ~iI dttmedtobe INIdI

on1he date 01 nIIng of the cfIeeIL SElLERS 11_() __ ___ __ ___5-__- _O Nobull __ _ _

(b) lWaicallil natmdyCI-n_receiipof~orlrMJiCel~ --------EXf_ Of _AI CONTRACT SAWS rwetMI ftamp ~ flO ~ 1fIIIIPIOIII to -nd _ tonncI ___ en pettod Of men taII ON arIUtItKt alfN tems eondions bull enunwraled lit me tern and CCtIdIIona cI~tor bt amt a price f1lpriCa noIto 1IIC88d_~

10 AyenfARD OF CCraquofTRACTr) The Connctthe bIdIiIr tJld~tothe ~_bIdl1I naI toSAWS b BIdders -dngOl~ablcfis~cI andDty~ The clwd1~(1) _ __-_

(2) _SAWS-_____ _ __

(l) __in SAWlr)ldleftWlt lOwbddlJr is noI SAWS to -d he ccnnrtto the 6iddIra ltil nattbe fJlSAWS~ton-d~ on riI in bi Oller ctffIrwtCaamplnbMkPlCa tlfleit8fn SAWSreurves tWUtotUe~ tdln_Nyenift ~cfSAWS to ~fcIIIowI

(1) 1IojIIcI(2) ___ _ _

3 ~bIQft_a-tsfJI~OIhertNnpice ~ ---111 rlfbidl is _IIiIMIr n ncfIctionof 8oardtlTfUItN$ In bIddIr prceestlhe ~ rteGltlnelldIJdbythe ~Ing chiIimlhe(C) SAWS=-==--=I~mtMlnQOf8oInf_~lWIfWIgpricrto d

(d) ____SAWS __ _

11 REJICT1OIOSAWSOf (a) __ _ _

1 n1iddIr~ft MIin1idI 1M1id ____COIIfcImtothe_the~OItid

a 1hI1id II cardIonaI ~

4 _ Thltbldll~__noI SAWS _ _ _bld _ d __SAWS~

CD) SAWSIWIttWIIDNIiJCtor tIkII1O~tIIdIOI_~btSAWSto _-tand fortnIIMlaquo it ND_IIOckoMIW~cftclWorOlltMlHdWorwh_ OIIIIitrd anwhtIhor lhtllbanOlkworOI 13 == CltrOlMtGIthI _ --or 01 AftyQIII Ol ~_ blIIOf~YfIICl

(OJ ___ _____dOhOIy_--________ (II) _ UnIt_ _ bid______ W_ _ __ __-_ shy~

~In_ _~_bt_~_ I11III1110001_) A__ _____(e) _ --Ild(st- _ _- ____ - _____ __

_ _ _ ___- - --InMOy- - ----- -1 A __ _ _ _ _ ___ __~ ~ 111___ -_ _____bull_-___bull_flr___ _ ____r0IIIC0rto~ prtcellJtor fIw1IIIlIddiIr fie ~ 0fticAr ~ wfntpect fte perfIw1t~ price _or ~ In Iheolktt

104 EQUAL MIIIOvtfT 0PPCNnlIfiY All conncaln dS10OOOOOoallhft t5laquo1IIIQhWUdt() TIIIt_ _ _ TIIIt_ _ _ ____- _ shy

=~=-==== =n~-~~====r~---__ __shy(b) IpGt ItICIfthCW to SAWS bull Ind parnit __ 11) fICOIdI and _1w ~ Of to ~~ rufeJ- shy_ flAWS(c) If fourdnatlD be In ~ thenat fllIit-ot cannct tlllcaNNClny ~~ or urpendId tn laquo In part QIf1hcID (My ~trom

(d) AI iiddIraor~canncDsor~totubmlt Mdlaquo~-tn SIgnad OIIciIIIft ln Of~fIO~ u~-_~dDnaI___ _ Gn OIoJIIIrIIIgIan ~arIgi__ _ __3 __-~Acl(el Tho _Ordlr201bull _ _~~

Of1_~~farand~inCilllllMelanHUODIiaIId15 8I)8QNO

A ttId bond be ~ If SAW$~~-- ~__ tl -CIt tOIhct SAWS s1LtOOOOO rbfd bowIt II~ _mull tal ~bp Bid8ond c-otChtclaquoCatitII ChID DIi laquo~tn 01 __ hnMtft) bid I4JCGInft II) ~Snobid~

unIIultilin~IIith__ 8Gndll0Ic-1tu _1IiI___ crawt and ~--- ~ _ ___ _ __ 0 -_ SlktBondlaquo~

11 FUNOIIG __ In fie _ _ _____ ____SAWS In tNa cowact tD to HCIn or far Oller cn vwnU - to jnMdIww Md iCQnWCl copita bullbull UCC 1iIngI-d factOtInO SOWS_IO - __ assIgrwnreM

~flIMIIt~to Otin t8ed_~bJ II)YWdlrIneeolIIIIIJIcaI fthokIIr

~~

17of21

SAWS STANDARD INSURANCE SPECIFICATIONS (Specifications)

I Commencing on the date of this Contract the Contractor shall at his own expense purchase maintain and keep in force such insurance as will protect him and the San Antonio Water System (SAWS) and the City of San Antonio (the City) and their employees and agents from claims which may arise out of or result from his operations under this Contract whether such operations are by himself by any sub-contractor supplier or by anyone directly or indirectly employed by any of them or by anyone fur whose acts any of them may be liable including without limitation the following

a Worken CompensatioD (WC) insurance that will protect the Contractor SAWS and the City from claims under statutory Workers Compensation laws disability laws or such other employee benefit laws and that will fulfill the requirements of the jurisdiction in which the work is to be pertbrmed

This insurance shall be endorsed to provide a Waiver of SubrogatioD in favor of SAWS and the City with respect to both this insurance coverage and the Employen Liability (EL) insurance (as specified immediately below in section lb)

b Employen Liability (EL) insurance (Coverage B under standard Workers Compensation policy) that will protect the Contractor SAWS and the City fur damages because of bodily injury sickness disease of vendors employees apart from that imposed by Workers Compensation laws The employers liability insurance shall have minimum limits ofliability ofnot less than

$ 100000000 Bodily Injury by Accident 100000000 Bodily Injury by Disease - Each Employee 100000000 Bodily Injury by Disease - Policy Limit

c Commerdal General Liability (CGL) insurance that will protect the Contractor SAWS and the City from claims fur damages because of bodily injury personal injury sickness disease or death and insurance that wilt protect the Contractor SAWS and the City from claims fur damages to or destruction of tangible property ofothers including loss ofuse thereof

This coverage shall

bull Cover independent contractors

bull Not include any exclusions relating to blasting explosion collapse ofbuildings or damage to underground property where applicable

bull Afford coverage fur Products Liabilityandor Completed Operations and Contractual Liability

The minimum limits ofliability fur this coverage shall be

$ 100000000 Occurrence Limit 200000000 General Aggregate

180f21

100000000 ProductsCompleted Operations Aggregate 100000000 Personal and Advertising Injury

5000000 Fire Legal Liability 100000000 Contractual Liability

This insurance shall be endorsed

bull Naming SAWS and the City as an Additionallosured and

bull To provide a Waiver of Subrogation in favor ofSAWS and the City

d Comprehensive Automobile Liability (AL) insurance that will protect the Contractor SAWS and the City from claims for damages arising out ofthe maintenance operation or use of any owned non-owned or hired vehicles Minimum limits of liability for bodily injury and property damage combined shall be not less than $100000000 per each occurrence

This insurance shall be endorsed

bull Naming SAWS and the City as an Additional Insured and

bull To provide a Waiver of Subrogation in favor ofSA WS and the City

e Umbrella LiabiUty (UL) insurance in the amount ofS200000000 This policy shall be ofan Occurrence type and the limit of liability shall be concurrent with (following form) and in excess of the EL CGL and AL insurance coverage as descnbed in paragraphs lb lc and Id above

f Contractors Pollution Liability Insuraoce with limits of $1000000 per occurrencelS2000000 in the aggregate The policy shall provide claims made coverage for all claims liabilities damages costs fees and expenses of any kind or character arising out ofany Pollution Condition(s) (as defined below) that js in any way related to CONTRACTORs operations actions or inactions and completed operations associated with any work performed by Contractor its subcontractors or any of their respective employees agents representatives or officers under this Contract Coverage must be maintained for a minimum of twenty-four (24) months after the end of the Contract term or ifthe Contract js terminated fOr any reason fOr a minimum oftwentyshyfour (24) months fOllowing the date of termination The policy retroactive date will be no later than the Contract start date

Pollution Condition(s) means the djscharge dispersal release or escape of any solid liquid gaseous or thermal irritant or contaminant including but not limited to smoke sewage vaplrs soot fumes acids alkalis toxic chemicals medical waste and waste materials into or upon land the atmosphere or any watercourse or body of water including groundwater provided such conditions are not naturally present in the environment in the amounts or concentrations discovered

The Contradors Pollution Liability losurance will pay on behalf of the CONTRACTOR SAWS and the City of San Antonio all claims demands damages liabilities costs fees and expenses of any kind or character fOr bodily injury or death

190f21

property damage environmental or natural resource damage and any fines fees assessments or penalties of any kind assessed by any governmental department agency or commission that resuh from or are related to a Pollution Condition(s) Coverage will include all subcontractors hired by CONTRACIOR to perform any work under this Contract

The policy shall also include the fullowing provisions

I) Coverage fur bodily injury to include physical injury sickness disease mental anguish and emotional distress sustained by any person including death

2) All costs that are related to or that arise out of or from the investigation or adjustment of any claim or in connection with any court arbitration mediation state administrative hearing or other proceeding ofany kind including attorneys fees expert witness fees costs charges and expenses of any kind or character that arise out ofor that are related to a Pollution Condition(s)

3) Coverage shall be Primary and in addition to any other valid and collectible insurance carried by SAWS and the City of San Antonio as respects to this Contract

4) Coverage fur Natural Resource Damages and any fines fees penalties or assessments by any governmental agency commission or department related to any Pollution Condition(s)

5) Insured versus Insured exclusion if fuund in the policy shall not apply to a claim by an Insured who qualifies as a Client of the Named Insured under the policy

6) IfNon-Owned Disposal sites are used for disposal ofwastes these sites shall be specifically included under the Contractors Pollution Liability Insurance policy and

7) Coverage for punitive exemplary and multiple damages

Automobile Liability policy ofCONTRACIOR halliing QlJy quantityof fluorosilicic acid shall either be endorsed to provide coverage under the TE9948 endorsement or the Contractors Pollution Liability Insurance policy shall be endorsed to provide transportation coverage beyond the boundaries ofthe testing andor delivery site(s)

2 Contractor shall require Sub-contractors to carry insurance coverage appropriate to their scope ofWork

3 Contractor shall furnish a completed Certificate ofInsurance which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage limits and termination provisions shown thereon

4 The insurance that is required under these Specifications shall be written so that SAWS and the City will be notified in writing in the event of cancellation restrictive endorsement or nonshyrenewal at least thirty (30) days prior to such action

200[21

5 Certificates of Insurance shall be filed with the System 10 days prior to the SAWS Board of Trustees award of the Contract The SAWS Contract namelBid number shaD be included in the Description of Operations section located in the bottom half of the standard ACORD Certificate furms

Certificates shall be mailed to SAWS directly to

San Antonio Water System Attention PurchBSbtg Division P O Box 2449 San Antonio TeDs 78198-1449

Contractor shall be responsible fur obtaining Certificates of IDsunnce from the first tier Subshycontractor and upon request furnish copies to SAWS

6 Separate Certificates of Insurance shall be filed with the City ofSan Antonio] 0 days prior to the SAWS Board of Trustees award of the Contract The SAWS Contract namelBid number shaD be included in the Description of Operations section located in the bottom half of the standard ACORD Certificate furms

Certificates shall be mailed to the City ofSan Antonio directly to

City ofSan Antonio Attention Risk Management PO Box 39966 San Antonio TX 78283-3966

A copy of the certificate of insurance provided to the City of San Antonio shall be provided to SAWS at the same time

7 Contractor is responsible for all deductibles under all ofthe insurance policies reqilired by these Specifications

8 The stated limits of insurance required by these Specifications are MINIMUM ONLY and it shall be the Contractors responsibility to determine what limits are adequate and the length of time this coverage shall be maintained the insurance limits are not a limit of the Contractors liability

These minimum limits may be basic policy limits or any combination of basic limits and umbrella limits SAWS acceptance of Certificates of Insurance that in any respect do not comply with these Specifications does not release the Contractor from compliance herewith

9 Contractor agrees that an insurance policies required bYthese Specifications shall be with insurance companies firms or entities that have an AM Best rating of A- (A- minus) and a Financial Size Category rating of a VII or better All insurance policies shall be of an Occurrence type except the Contractors Pollution Liability line ofcoverage

210f21

10 SURVIVAL

Any and all representations conditions and warranties made by Contractor under this Contract including without limitation the provisions ofSection lb ie and Id ofthese Insurance Specifications are ofthe essence ofthis Contract and shall survive the execution and delivery of it and all stalernents contained in any document required by SAWS whether delivered at the time ofthe execution or al a later dale shall constitute representations and warranties hereunder

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f

f

PENCCO INC Pioneer Engineering Chemical Company

AFFIDAVIT OF COMPLIANCE

This is to certify that the Hydrofluorosilicic Acid supplied by our company meets A WWA Standard B703-00 or the latest revision and is certified to NSFANSI Standard NSF-60

Signature shy

R L Home President

Name and Title ofOfficial

142010

Date

PO BOX 600 bull SAN FELIPE TX 11473

PHONE 919-885-0005 bull 800-864-174~ bull FAX 979-885-3208

INPOPENCCOCON

NSF Certified Products - Public Water Supply Treatment Chemicals Page lof2

NSF

NSF Product and Service Listings

These Listings were Last Updated on Thursday Janulry 14 Z010 at 415 AM Eastern Time Please contact NSF International to confirm the status ofany Listing report errors or make suggestions

Wami NSF is COIIccncd abot fradu 1 d-loIIdilll d iplaUolI ofwcbsik tOIl Ifyou havo relaquorod Ihis listiar in lIrd copy ys rorafirm tllis ccrtlflcatleDilistlac Infonnlion lIy COilli diretlly to hHnllmywnrforclCertlfOCllP1Ch_ibullbullblListilAlpfCOIIIQlnyNme-peDccoamp for tho latest most eatntl ifonnatlon

NSFANSI STANDARD 60 Drinking Water Treatment Chemicalsmiddot Health Effects

----------~-----~

PENCCO INC PO BOX 600 SAN FELIPE TX 77473 800-864-1742 979-885-0005

Facility DISTRIBUTION CENTER - RICHMOND CA

Hydrofluosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid

Product Function Fluoridation Fluoridation

Max Use 6mgIL 6mgIL

Hydrofluosilicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - SOUTH GATE CA

HydrofluosUicir Acid Trade Designation Product FlUlCtion Max Use Fluorosilicic Acid Fluoridation 6mgIL Fluosilicic Acid Fluoridation 6mgIL Hydrofluosiiicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - WILLOW SPRINGS IL

Hydroftuosllicir Arid Trade Designation Product Fll1ICtion Max Use Fluorosilicic Acid Fluoridation 6mgIL F1uosilicic Acid Fluoridation 6mgIL Hydrofluosilicic Acid Fluoridation 6mgIL

httpwwwnsforglCertifiedlPwsChemicalslListingsaspCompanyName=pencooampTrade111412010

NSF Certified Products - Public Water Supply Treatment Chemicals Page 20f2

Facility D1STRI BUTION CENTER - BALTIMORE MD

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Facility DISTRIBUTION CENTER

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Product Function Fluoridation Fluoridation Fluoridation

SEALY TX

Product Function Fluoridation Fluoridation Fluoridation

Facility DISTRIBUTION CENTER - WAXAHACHIE TX

Hydrofluosilicic Acid Trade Designation FLUOROSILICIC ACID FLUOSJLlCJC ACID HYDROFLUOROSILlCJC ACID HYDROFLUOSILICIC ACID

Product Function Fluoridation Fluoridation Fluoridation Fluoridation

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL 6mgIL

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PENCCO INC Pioneer Engineering Chemical Company

HydrofluorosiIicic Acid Bid QAlQC Info

Pencco meets AWWA Standards and is NSF Certified

Hydrofluorosilicic acid also known as HFS or FSA is a transparent colorless (water white to straw yellow) aqueous solution that is used in a variety of applications including the major end-use water treatment for fluoridation FSA is produced during the concentration of phosphoric acid in an evaporation process unique to the phosphate industry The vapor stream from the phosphoric acid reaction is scrubbed with water to form FSA from the naturally-occurring silica acid The final product is collected stored and tested prior to release for shipment Potential danger of contamination is minimized through compliance with NSF 60 NSF 60 typically checks sourlt)e product and any subsequent transfer before unloading into customer tanks

infopenccoCGm PO Bo 600 S Felipe Tens 77473-0600 9791885-0005 FAX 979f88S310ll

Refer FL-J43 September 2000

THE MANUFACTURE OF THE FLUORIDE CHEMICALS

All ofthe fluoride chemicals used in the US for water fluoridation sodium fluoride sodium fluorosilicate and fluorosilicic acid are useful byproducts of the phosphate fertilizer industry The manufacturing process produces two byproducts (I) a solid calcium sulfate (sheetrock CaS04) and (2) the gases hydrofluoric acid (HF) and silicon tetrafluoride (SiF4) A simplified explanation of the manufacturing process follows Apatite rock a calcium mineral found in central Florida is ground up and treated with sulfuric acid producing phosphoric acid and the two byproducts calcium sulfate and the two gas emissions These gases are captured by product recovery units (scrubbers) and condensed into 23 fluorosilicic acid Sodium fluoride and sodium fluorosilicate are made from this acid

The question of toxicity purity and risk to humans from the addition of fluoride chemicals to the drinking water sometimes arises Almost all of the over 40 water treatment chemicals that may be used at the water plant are toxic to humans in their concentrated form eg chlorine gas and the fluoride chemicals are no exception Added to the drinking water in very small amounts the fluoride chemicals dissociate virtually J 00 into their various components (ions) and are very stable safe and non-toxic

Opponents of water fluoridation have argued that the silicofluorides do not completely dissociate under conditions ofnormal water treatment and thus may cause health problems To counter these claims the basic chemistry of this dissociation has been carefully reviewed Scientists at the US Environmental Protection Agency (EPA) and CDC epidemiologists have examined the research that opponents of water fluoridation cite Both groups have concluded that these charges are not credible

The claim is sometimes made that no health studies exist on the silicofluoride chemicals used in water fluoridation That is correct We the scientific community do not study health effects of concentrated chemicals as put into water we study the health effects ofthe treated water Le what those chemicals become fluoride ion silicates and the hydrogen ion The health effects of fluoride have been analyzed by literally thousands of studies over SO years and have been found to be safe and effective in reducing tooth decay The EPA has not set any Maximum Contaminant Level (MCL) for the silicates as there is no known health concerns for them at the low concentrations found in drinking water Of course the measurement ofthe pH of the water determines the concentration of the hydrogen ion

Concern has been raised about the impurities in the fluoride chemicals The American Water Works Association (A WWA) a well-respected water supply industry association sets standards for all chemicals used in the water treatment plant including fluoride chemicals The A WWA standards are ANSJJ A WWA B701-99 (sodium fluoride) ANSJJ A WWA B702-99 (sodium

fluorosilicate) and ANSIIAWWA B703-00 (fluorosilicic acid) The National Sanitation Foundation (NSF) also sets standards and does product certification for products used in the water industry including fluoride chemicals ANSINSF Standard 60 sets standards for purity and provides testing and certification for the fluoride chemicals Standard 60 was developed by NSF and a consortium of associations including the A WWA and the American National Standards Institute (ANSI) This standard provides for product quality and safety assurance to prevent the addition of harmful levels of contaminants from water treatment chemicals More than 40 states have laws or regulations requiring product compliance with Standard 60 NSF tests the fluoride chemicals for the II regulated metal compounds that have an EPA MCL In order for a product [for example fluorosilicic acid] to meet certification standards regulated metal contaminants must be present at the tap [in the home] at a concentration ofless than ten percent of the MCL when added to drinking water at the recommended maximum use level The EPA has not set any MCL for the silicates as there is no known health concerns but Standard 60 has a Maximum Allowable Level (MAL) of 16 mgIL for sodium silicates as corrosion control agents primarily for turbidity reasons NSF tests have shown the silicates in the water samples from public water systems to be well below these levels

Arsenic according to NSF tests had an average of043 ugIL [parts per billion] in the drinking water attributable to the fluoride chemical Opflow a monthly magazine from the A WWA has found the arsenic level in the finished water from the fluorosilicic acid to be 0245 ugIL [OpflowVol 26 No 10October 2000] The NSF Standard 60 has a Maximum Allowable Level (MAL) of25 ugIL and EPA has a MCL of 50 ugIL although they have proposed to lower their MCL to 5 ugIL As you can see arsenic is less that III Oth ofeven the proposed EPA MCL Finally tests by NSF and other independent testing laboratories have shown no detectable levels

of radionuclides in product samples of fluoride chemicals There is no evidence that any of the known impurities in the fluoride chemicals have failed to meet any of these standards Opponents ofwater fluoridation have sometimes charged that industrial grade fluoride chemicals are used at the water plant instead ofpharmaceutical grade chemicals All the standards of AWWA ANSI and NSF apply to these industrial grade fluoride chemicals to ensure they are safe Phannaceutical grade fluoride compounds are not appropriate for water fluoridation they are used in the formulation of prescription drugs

Finally it is sometimes alleged that the fluoride from natural sources like calcium fluoride is better than fluorides added artificially such as from the fluoride chemicals presently used There is no difference There is no reason to change the opinion of CDC that water fluoridation is safe and effective

Thomas O Reeves PE National Fluoridation Engineer Program Services Branch Division ofOm] Health National Center for Chronic Disease Prevention and Health Promotion Centers for Disease Control and Prevention

2

8813 US Highway 41 South Riverview Florida 33569

EMERGENCY TELEPHONEmiddot CHEMTREC 1-800-424-9300

SECTION I PRODUCT INFORMATION

TRADE NAME Hydrofluosilicic Acid

CHEMICAL NAME I Hydrofluosilicic Acid

CAS NUMBER

CHEMICAL FAMILY

SYNONYMS

PRIMARY USE

SECTION II

FORMULA

COMPOSITION

SECTION III EMERGENCY OVERVIEW

16961-83-4

I norganic Fluorides

FluorosHicic Acid Hexafluosilicic Acid HFS FSA Auoridation of drinking water

COMPOSITION INFORMATION ON INGREDIENTS

H2SiF6

Hydrofluosilicic Acid 120-25

water 175-80

HAZARD IDENTIFICATION Large doses can cause nausea vomiting diarrhea abdominal buming and cramp-like pains Circulatory respiratory neNOUS complaints and skin rashes may occur Liquid

Health Hazards or vapor also causes severe irritation and bums Which will not be immediately apparent It also causes severe irritation to the lungs nose and throat If swallowed it can cause severe damage to throat and stomach

Physical Hazards Not applicable

Physical Form liquid

Appearance water White to straw yellow liquid

Odor Pungent

Toxicity Not identified as toxic by OSHA

NFPA HAZARD CLASS ~HAZARD CLAS Health 3

I Flammability 0

Instability Special Hazard 1

FlammabHity 1

Physical 2Hanrd

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOSt MOS16961061

POTENTiAl HEALTH EFFECTS

Acute - I Titant Chronic - Degenerative changes in the liver Fluorosis

POTENTIAl ENVIRONMENTAl EFFECTS

None listed

SECTION IV FIRST AID MEASURES

FIRST AID PROCEDURES

Eyes Invnediately flush with plenty of water for at least 15 minutes Get medical attention invnediately

Skin

Invnediately flush with plenty of water Remove contaminated clothing Discard contaminated clothing properly Get medical attention if irritation occurs or persists

Inhated Move to fresh air Administer oxygen Treat symptomatically Get medical attention promptly

Ingestion Give large quantities of water to patient if conscious 00 Not induca vomiting Seek medical attention promptly

NOTE TO PHYSICIAN Not applicable

SECTION V FIRE FIGHTING MEASURES

Flammable Properties

Flash Point Not applicable

Flammability Not applicable

LEUUEL Not applicable

Auto-Ignition Temperature

Not applicable

Extinguishing Media Small fires Water spray foam dry chemical or CO2

Large fires Water spray fog or foam

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOS MOS16961061

Wear selfcontained breathing apparatus with full protective clothing

Protection of Firefighters

Dangerous when heated to decomposition highly toxic and corrosive fumes of fluorides are emitted Will react with water or steam to produce toxic and COITOSive fumes May generate hydrogen in contact with some metals

SECTION VI

RESPONSE TECHNIQUES

ACCIDENTAL RELEASE MEASURES Small spills Contain spill and stop leak if it can be done without risk Use sodium carbonate or a mixture of soda ash and slaked lime sand or noncombustible absorbent material to soak up material Place in DOTmiddotapproved poly container and dispose of properly

Large spills Use same procedure as above Isolate spill area and deny entry Prevent discharge into waterways and sewers Material may be neutralized with sodium carbonate or a mixture of soda ash and slaked lime Contact proper local state or federal regulatory agencies to ascertain proper disposal techniques and procedures

All waste to be collected in a DOTmiddot IPOlY drum for disposal

= SECTION VII

HANDLING

HANDLING AND STORAGE

Avoid contact with eyes skin and clothing Wash thoroughly after handling Maintain proper hygiene practices when handling this product

STORAGE Use DOT-approved poly drum for storage

SECTION VIII EXPOSURE CONTROLS I PERSONAL PROTECTION

ENGINEERING CONTROLS

Eye wash and shaNer stations should be available where acid is being handled

PERSONAl PROTECTIVE EQUIPMENT (PPE)

EyelFace

Skin

Respiratory

Splash proof goggles and fullmiddotface shield should be worn at all times Acid proof gloves headgear protective shoes and clothing should be worn to Drevent contact Use respiratory for 20ppm or less concentration Use a self-contained breathing apparatus for concentrations of greater than 2Oppm

Other None

GENERAL HYGIENE CONSIDERA nONS

Avoid breathing fumes Avoid ingestion Wash thoroughly after handling Avoid contact with eyes or skin Use in adequate ventilation

EXPOSURE GUIDELINES

OSHA Permissible Exposure Limits (PEL) 25mgFm3

ACGIH Threshold Limit Value (TLV) 25 rng Fm3

Status New Issue ~ate February 3 2006 Section(s) Revised NlA MSDS MOS16961061

SECTION IX PHYSICAL AND CHEMICAL PROPERTIES

Note Unless othetWise stated values in this section are determined at 20middotC (68middotF) and 760 mm Hg (1 aim)

Flash Point Not applicable Flammabilityl Explosive Limits ()

Not applicable

Auto-Ignition Temperature

Not applicable

Appearance Water white to straw yellow liquid

Physical State Liquid

Odor Pungent Molecular Weight of Pure Material

14411g1mol

pH 12 Vapor Pressure (mmHg)

Not applicable

Vapor Density (air=1)

Not applicable

Boiling Point 2223 OF

FreezinglMelting Point Not applicable

Solubility in Water Not applicable 100 soluble in water

Specific Gravity 12

Volatility Not applicable

Bulk Density 98 Ibslfemiddot 25 Sol 77DF

SECTION X STABILITY AND REACTIVITY

Chemical Stability Stable

Conditions to Avoid Avoid all heat sources

Incompatible Materials Avoid contact with metals stoneware strong acids and alkalies explosives toxicants readily oxidizable materials alkali metals combustible solids and organic peroxides

Hazardous Decomposition Products

Extreme temperatures such as a fire cause formation of highly toxic and corrosive fumes of fluorides such as SiF and HF Hydrogen gas may be fonned at temperatures above 227DF

Corrosiveness Attacks silica bearing materials metals and stoneware Hazardous Polymerization

Will not occur

Status New Issue Date February 3 2006 Section(s) Revised NA MSDS MOS16961061

SECTION XI TOXICOLOGICAL INFORMATION

Acute Oral Toxicity 430 mgkg oral-rat LD50

Acute Dermal Toxicity 140 mgkg LOLo (Frog)

Mutagenesis No data available

Target Organ No data available

Developmental Toxicity No data available

Carcinogenicity No data available

SECTION XII ECOLOGICAL INFORMATION

ECOTOXfCOLOGY No data available

SECTION XIII DISPOSAL CONSIDERATIONS

Keep in covered DOT-approved poly drums pending disposal Handle and dispose in full compliance with an applicable Intemational Federal State and Local reQulations

SECTION XIV TRANSPORT INFO

Regulatory Status None established

Proper Shipping Name Hydrofluosilicic Acid

Hazard Class Class 8 (corrosive)

Packing Group II

Identification Number UN1778

Guide Number 154

SECTION XV REGULA TORY INFORMATION

CERClA Not Regulated RCRA 26133 Not Regulated

SARA TI11E III Section 302 Not Regulated (ExemptIons at 40 CFR Pan 370 may apply for agricuIIural use or lor quantllies of less

SectIon 304 Not Regulated Section 3111312 Acute and Chronic

than 10000 pounds _lie) Section 313 Not Regulated NTP tARC OSHA Recommended for Study IARC group 3 Not regulated by OSHA

(PSM) Canada OSL and NDSL On Inventory TSCA On Inventory

Status New Issue Date February 3 2006 SectIon(s) Revised NlA MSOS MOS16961061

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS Usted as Fluorosilicic Acid CBSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUED REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMATION THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are fumished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4001shy1998

Note to (if 8IlpicBble)

Status New Issue Date February 3 2006 Section(s) Revised NlA MSDS MOS16961061

I

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS listed as Fluorosilicic Acid CaSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUEO REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMAnoN THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are furnished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4OO1shy1998

Note to __ (d 8pP1icab1ei

Status New Issue Date February 3 2006 Section(s) Revised NJA MSDS MOS16961061

DATE IIlIMIOOIYYY) nleO

IROOIJ(EII 1-113-623-2330

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If SUBROGATION IS WAIVED subject to the teons and conditions of the poHcy certain policies may require an endorsement A statement on this certificate does not OJOfer rights to the certificate holder in lieu of such endorsement(s)

DISCLAIMER

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4 QUAIITfTItS 81cfid1rs laquo~~CUtng ~IIIIIffOd nclCIIIcutMItt ~ poIIyOlSAWShoMverbullbull OI~blqInoaldCCJhdlng1O tS1IItbin Oftclull~CI~_ OI IIICII1tlfIIch~wtd aan-certlln __ CIIiIIulIJIedDft dlUllliBafa~ ehttlTight~ ~ccntractperiDd_S tlIMglUCt-PWiOCtSAWStnl~dIO_ ~any(JthelllmlarfMYdIIIIte or__ _the tIld~cr~ __ Undlrlivdl cannel_ _ __ __ __ __-

tudI~pIQpOHId on bISAWS~righltobld~inSAWfr~middot bull An~bkIdIIMd_cnWllhkhilimcrtlof tidillt ~ IIIsI then bull h ITWlel ptce or tIkIderI COlt _ aID n- tiddlllr GIll OWIQII tid but crI bull ~ alae-r SAWS resene riOM to8 ita ~RtctfliUi(jtbkI~ 1f1fldl twd ~SAWS 1heCOf1htt $AW$retii8fWSto~ar aud1i1enwfnlm~tobe~ orWCllk II) be

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__(b) __hllNOfmaeialar_ tidon- CtSAWS0IAIidt_ tel ~IIIUIt alJbMllledwltNntlll_~ ftO tI)SAWS IfnolOyenedorused dIrinQ ber~upanbullbulltidOInaplfllbull ___OIII11OD11CAllOH Of 81)8

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on1he date 01 nIIng of the cfIeeIL SElLERS 11_() __ ___ __ ___5-__- _O Nobull __ _ _

(b) lWaicallil natmdyCI-n_receiipof~orlrMJiCel~ --------EXf_ Of _AI CONTRACT SAWS rwetMI ftamp ~ flO ~ 1fIIIIPIOIII to -nd _ tonncI ___ en pettod Of men taII ON arIUtItKt alfN tems eondions bull enunwraled lit me tern and CCtIdIIona cI~tor bt amt a price f1lpriCa noIto 1IIC88d_~

10 AyenfARD OF CCraquofTRACTr) The Connctthe bIdIiIr tJld~tothe ~_bIdl1I naI toSAWS b BIdders -dngOl~ablcfis~cI andDty~ The clwd1~(1) _ __-_

(2) _SAWS-_____ _ __

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(1) 1IojIIcI(2) ___ _ _

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17of21

SAWS STANDARD INSURANCE SPECIFICATIONS (Specifications)

I Commencing on the date of this Contract the Contractor shall at his own expense purchase maintain and keep in force such insurance as will protect him and the San Antonio Water System (SAWS) and the City of San Antonio (the City) and their employees and agents from claims which may arise out of or result from his operations under this Contract whether such operations are by himself by any sub-contractor supplier or by anyone directly or indirectly employed by any of them or by anyone fur whose acts any of them may be liable including without limitation the following

a Worken CompensatioD (WC) insurance that will protect the Contractor SAWS and the City from claims under statutory Workers Compensation laws disability laws or such other employee benefit laws and that will fulfill the requirements of the jurisdiction in which the work is to be pertbrmed

This insurance shall be endorsed to provide a Waiver of SubrogatioD in favor of SAWS and the City with respect to both this insurance coverage and the Employen Liability (EL) insurance (as specified immediately below in section lb)

b Employen Liability (EL) insurance (Coverage B under standard Workers Compensation policy) that will protect the Contractor SAWS and the City fur damages because of bodily injury sickness disease of vendors employees apart from that imposed by Workers Compensation laws The employers liability insurance shall have minimum limits ofliability ofnot less than

$ 100000000 Bodily Injury by Accident 100000000 Bodily Injury by Disease - Each Employee 100000000 Bodily Injury by Disease - Policy Limit

c Commerdal General Liability (CGL) insurance that will protect the Contractor SAWS and the City from claims fur damages because of bodily injury personal injury sickness disease or death and insurance that wilt protect the Contractor SAWS and the City from claims fur damages to or destruction of tangible property ofothers including loss ofuse thereof

This coverage shall

bull Cover independent contractors

bull Not include any exclusions relating to blasting explosion collapse ofbuildings or damage to underground property where applicable

bull Afford coverage fur Products Liabilityandor Completed Operations and Contractual Liability

The minimum limits ofliability fur this coverage shall be

$ 100000000 Occurrence Limit 200000000 General Aggregate

180f21

100000000 ProductsCompleted Operations Aggregate 100000000 Personal and Advertising Injury

5000000 Fire Legal Liability 100000000 Contractual Liability

This insurance shall be endorsed

bull Naming SAWS and the City as an Additionallosured and

bull To provide a Waiver of Subrogation in favor ofSAWS and the City

d Comprehensive Automobile Liability (AL) insurance that will protect the Contractor SAWS and the City from claims for damages arising out ofthe maintenance operation or use of any owned non-owned or hired vehicles Minimum limits of liability for bodily injury and property damage combined shall be not less than $100000000 per each occurrence

This insurance shall be endorsed

bull Naming SAWS and the City as an Additional Insured and

bull To provide a Waiver of Subrogation in favor ofSA WS and the City

e Umbrella LiabiUty (UL) insurance in the amount ofS200000000 This policy shall be ofan Occurrence type and the limit of liability shall be concurrent with (following form) and in excess of the EL CGL and AL insurance coverage as descnbed in paragraphs lb lc and Id above

f Contractors Pollution Liability Insuraoce with limits of $1000000 per occurrencelS2000000 in the aggregate The policy shall provide claims made coverage for all claims liabilities damages costs fees and expenses of any kind or character arising out ofany Pollution Condition(s) (as defined below) that js in any way related to CONTRACTORs operations actions or inactions and completed operations associated with any work performed by Contractor its subcontractors or any of their respective employees agents representatives or officers under this Contract Coverage must be maintained for a minimum of twenty-four (24) months after the end of the Contract term or ifthe Contract js terminated fOr any reason fOr a minimum oftwentyshyfour (24) months fOllowing the date of termination The policy retroactive date will be no later than the Contract start date

Pollution Condition(s) means the djscharge dispersal release or escape of any solid liquid gaseous or thermal irritant or contaminant including but not limited to smoke sewage vaplrs soot fumes acids alkalis toxic chemicals medical waste and waste materials into or upon land the atmosphere or any watercourse or body of water including groundwater provided such conditions are not naturally present in the environment in the amounts or concentrations discovered

The Contradors Pollution Liability losurance will pay on behalf of the CONTRACTOR SAWS and the City of San Antonio all claims demands damages liabilities costs fees and expenses of any kind or character fOr bodily injury or death

190f21

property damage environmental or natural resource damage and any fines fees assessments or penalties of any kind assessed by any governmental department agency or commission that resuh from or are related to a Pollution Condition(s) Coverage will include all subcontractors hired by CONTRACIOR to perform any work under this Contract

The policy shall also include the fullowing provisions

I) Coverage fur bodily injury to include physical injury sickness disease mental anguish and emotional distress sustained by any person including death

2) All costs that are related to or that arise out of or from the investigation or adjustment of any claim or in connection with any court arbitration mediation state administrative hearing or other proceeding ofany kind including attorneys fees expert witness fees costs charges and expenses of any kind or character that arise out ofor that are related to a Pollution Condition(s)

3) Coverage shall be Primary and in addition to any other valid and collectible insurance carried by SAWS and the City of San Antonio as respects to this Contract

4) Coverage fur Natural Resource Damages and any fines fees penalties or assessments by any governmental agency commission or department related to any Pollution Condition(s)

5) Insured versus Insured exclusion if fuund in the policy shall not apply to a claim by an Insured who qualifies as a Client of the Named Insured under the policy

6) IfNon-Owned Disposal sites are used for disposal ofwastes these sites shall be specifically included under the Contractors Pollution Liability Insurance policy and

7) Coverage for punitive exemplary and multiple damages

Automobile Liability policy ofCONTRACIOR halliing QlJy quantityof fluorosilicic acid shall either be endorsed to provide coverage under the TE9948 endorsement or the Contractors Pollution Liability Insurance policy shall be endorsed to provide transportation coverage beyond the boundaries ofthe testing andor delivery site(s)

2 Contractor shall require Sub-contractors to carry insurance coverage appropriate to their scope ofWork

3 Contractor shall furnish a completed Certificate ofInsurance which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage limits and termination provisions shown thereon

4 The insurance that is required under these Specifications shall be written so that SAWS and the City will be notified in writing in the event of cancellation restrictive endorsement or nonshyrenewal at least thirty (30) days prior to such action

200[21

5 Certificates of Insurance shall be filed with the System 10 days prior to the SAWS Board of Trustees award of the Contract The SAWS Contract namelBid number shaD be included in the Description of Operations section located in the bottom half of the standard ACORD Certificate furms

Certificates shall be mailed to SAWS directly to

San Antonio Water System Attention PurchBSbtg Division P O Box 2449 San Antonio TeDs 78198-1449

Contractor shall be responsible fur obtaining Certificates of IDsunnce from the first tier Subshycontractor and upon request furnish copies to SAWS

6 Separate Certificates of Insurance shall be filed with the City ofSan Antonio] 0 days prior to the SAWS Board of Trustees award of the Contract The SAWS Contract namelBid number shaD be included in the Description of Operations section located in the bottom half of the standard ACORD Certificate furms

Certificates shall be mailed to the City ofSan Antonio directly to

City ofSan Antonio Attention Risk Management PO Box 39966 San Antonio TX 78283-3966

A copy of the certificate of insurance provided to the City of San Antonio shall be provided to SAWS at the same time

7 Contractor is responsible for all deductibles under all ofthe insurance policies reqilired by these Specifications

8 The stated limits of insurance required by these Specifications are MINIMUM ONLY and it shall be the Contractors responsibility to determine what limits are adequate and the length of time this coverage shall be maintained the insurance limits are not a limit of the Contractors liability

These minimum limits may be basic policy limits or any combination of basic limits and umbrella limits SAWS acceptance of Certificates of Insurance that in any respect do not comply with these Specifications does not release the Contractor from compliance herewith

9 Contractor agrees that an insurance policies required bYthese Specifications shall be with insurance companies firms or entities that have an AM Best rating of A- (A- minus) and a Financial Size Category rating of a VII or better All insurance policies shall be of an Occurrence type except the Contractors Pollution Liability line ofcoverage

210f21

10 SURVIVAL

Any and all representations conditions and warranties made by Contractor under this Contract including without limitation the provisions ofSection lb ie and Id ofthese Insurance Specifications are ofthe essence ofthis Contract and shall survive the execution and delivery of it and all stalernents contained in any document required by SAWS whether delivered at the time ofthe execution or al a later dale shall constitute representations and warranties hereunder

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PENCCO INC Pioneer Engineering Chemical Company

AFFIDAVIT OF COMPLIANCE

This is to certify that the Hydrofluorosilicic Acid supplied by our company meets A WWA Standard B703-00 or the latest revision and is certified to NSFANSI Standard NSF-60

Signature shy

R L Home President

Name and Title ofOfficial

142010

Date

PO BOX 600 bull SAN FELIPE TX 11473

PHONE 919-885-0005 bull 800-864-174~ bull FAX 979-885-3208

INPOPENCCOCON

NSF Certified Products - Public Water Supply Treatment Chemicals Page lof2

NSF

NSF Product and Service Listings

These Listings were Last Updated on Thursday Janulry 14 Z010 at 415 AM Eastern Time Please contact NSF International to confirm the status ofany Listing report errors or make suggestions

Wami NSF is COIIccncd abot fradu 1 d-loIIdilll d iplaUolI ofwcbsik tOIl Ifyou havo relaquorod Ihis listiar in lIrd copy ys rorafirm tllis ccrtlflcatleDilistlac Infonnlion lIy COilli diretlly to hHnllmywnrforclCertlfOCllP1Ch_ibullbullblListilAlpfCOIIIQlnyNme-peDccoamp for tho latest most eatntl ifonnatlon

NSFANSI STANDARD 60 Drinking Water Treatment Chemicalsmiddot Health Effects

----------~-----~

PENCCO INC PO BOX 600 SAN FELIPE TX 77473 800-864-1742 979-885-0005

Facility DISTRIBUTION CENTER - RICHMOND CA

Hydrofluosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid

Product Function Fluoridation Fluoridation

Max Use 6mgIL 6mgIL

Hydrofluosilicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - SOUTH GATE CA

HydrofluosUicir Acid Trade Designation Product FlUlCtion Max Use Fluorosilicic Acid Fluoridation 6mgIL Fluosilicic Acid Fluoridation 6mgIL Hydrofluosiiicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - WILLOW SPRINGS IL

Hydroftuosllicir Arid Trade Designation Product Fll1ICtion Max Use Fluorosilicic Acid Fluoridation 6mgIL F1uosilicic Acid Fluoridation 6mgIL Hydrofluosilicic Acid Fluoridation 6mgIL

httpwwwnsforglCertifiedlPwsChemicalslListingsaspCompanyName=pencooampTrade111412010

NSF Certified Products - Public Water Supply Treatment Chemicals Page 20f2

Facility D1STRI BUTION CENTER - BALTIMORE MD

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Facility DISTRIBUTION CENTER

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Product Function Fluoridation Fluoridation Fluoridation

SEALY TX

Product Function Fluoridation Fluoridation Fluoridation

Facility DISTRIBUTION CENTER - WAXAHACHIE TX

Hydrofluosilicic Acid Trade Designation FLUOROSILICIC ACID FLUOSJLlCJC ACID HYDROFLUOROSILlCJC ACID HYDROFLUOSILICIC ACID

Product Function Fluoridation Fluoridation Fluoridation Fluoridation

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL 6mgIL

Number ofmBlching Muufactun1ll is 1 Number ofmalching Products is 19 Processing time was 0 seconds

bull Search Listings bull NewsRoom I bull AboutNSF I bull ampnm I bull NSF Marl I bull Client Log-In

bull Privacy Poliey bull SiteMap I bull Reguest Info I bull Contact Us I bull Copyright C 2004 NSF International

httpwwwnsforglCertifiedlPwsChemicalslListingsaspCompanyName=penccoampTrade114120 10

PENCCO INC Pioneer Engineering Chemical Company

HydrofluorosiIicic Acid Bid QAlQC Info

Pencco meets AWWA Standards and is NSF Certified

Hydrofluorosilicic acid also known as HFS or FSA is a transparent colorless (water white to straw yellow) aqueous solution that is used in a variety of applications including the major end-use water treatment for fluoridation FSA is produced during the concentration of phosphoric acid in an evaporation process unique to the phosphate industry The vapor stream from the phosphoric acid reaction is scrubbed with water to form FSA from the naturally-occurring silica acid The final product is collected stored and tested prior to release for shipment Potential danger of contamination is minimized through compliance with NSF 60 NSF 60 typically checks sourlt)e product and any subsequent transfer before unloading into customer tanks

infopenccoCGm PO Bo 600 S Felipe Tens 77473-0600 9791885-0005 FAX 979f88S310ll

Refer FL-J43 September 2000

THE MANUFACTURE OF THE FLUORIDE CHEMICALS

All ofthe fluoride chemicals used in the US for water fluoridation sodium fluoride sodium fluorosilicate and fluorosilicic acid are useful byproducts of the phosphate fertilizer industry The manufacturing process produces two byproducts (I) a solid calcium sulfate (sheetrock CaS04) and (2) the gases hydrofluoric acid (HF) and silicon tetrafluoride (SiF4) A simplified explanation of the manufacturing process follows Apatite rock a calcium mineral found in central Florida is ground up and treated with sulfuric acid producing phosphoric acid and the two byproducts calcium sulfate and the two gas emissions These gases are captured by product recovery units (scrubbers) and condensed into 23 fluorosilicic acid Sodium fluoride and sodium fluorosilicate are made from this acid

The question of toxicity purity and risk to humans from the addition of fluoride chemicals to the drinking water sometimes arises Almost all of the over 40 water treatment chemicals that may be used at the water plant are toxic to humans in their concentrated form eg chlorine gas and the fluoride chemicals are no exception Added to the drinking water in very small amounts the fluoride chemicals dissociate virtually J 00 into their various components (ions) and are very stable safe and non-toxic

Opponents of water fluoridation have argued that the silicofluorides do not completely dissociate under conditions ofnormal water treatment and thus may cause health problems To counter these claims the basic chemistry of this dissociation has been carefully reviewed Scientists at the US Environmental Protection Agency (EPA) and CDC epidemiologists have examined the research that opponents of water fluoridation cite Both groups have concluded that these charges are not credible

The claim is sometimes made that no health studies exist on the silicofluoride chemicals used in water fluoridation That is correct We the scientific community do not study health effects of concentrated chemicals as put into water we study the health effects ofthe treated water Le what those chemicals become fluoride ion silicates and the hydrogen ion The health effects of fluoride have been analyzed by literally thousands of studies over SO years and have been found to be safe and effective in reducing tooth decay The EPA has not set any Maximum Contaminant Level (MCL) for the silicates as there is no known health concerns for them at the low concentrations found in drinking water Of course the measurement ofthe pH of the water determines the concentration of the hydrogen ion

Concern has been raised about the impurities in the fluoride chemicals The American Water Works Association (A WWA) a well-respected water supply industry association sets standards for all chemicals used in the water treatment plant including fluoride chemicals The A WWA standards are ANSJJ A WWA B701-99 (sodium fluoride) ANSJJ A WWA B702-99 (sodium

fluorosilicate) and ANSIIAWWA B703-00 (fluorosilicic acid) The National Sanitation Foundation (NSF) also sets standards and does product certification for products used in the water industry including fluoride chemicals ANSINSF Standard 60 sets standards for purity and provides testing and certification for the fluoride chemicals Standard 60 was developed by NSF and a consortium of associations including the A WWA and the American National Standards Institute (ANSI) This standard provides for product quality and safety assurance to prevent the addition of harmful levels of contaminants from water treatment chemicals More than 40 states have laws or regulations requiring product compliance with Standard 60 NSF tests the fluoride chemicals for the II regulated metal compounds that have an EPA MCL In order for a product [for example fluorosilicic acid] to meet certification standards regulated metal contaminants must be present at the tap [in the home] at a concentration ofless than ten percent of the MCL when added to drinking water at the recommended maximum use level The EPA has not set any MCL for the silicates as there is no known health concerns but Standard 60 has a Maximum Allowable Level (MAL) of 16 mgIL for sodium silicates as corrosion control agents primarily for turbidity reasons NSF tests have shown the silicates in the water samples from public water systems to be well below these levels

Arsenic according to NSF tests had an average of043 ugIL [parts per billion] in the drinking water attributable to the fluoride chemical Opflow a monthly magazine from the A WWA has found the arsenic level in the finished water from the fluorosilicic acid to be 0245 ugIL [OpflowVol 26 No 10October 2000] The NSF Standard 60 has a Maximum Allowable Level (MAL) of25 ugIL and EPA has a MCL of 50 ugIL although they have proposed to lower their MCL to 5 ugIL As you can see arsenic is less that III Oth ofeven the proposed EPA MCL Finally tests by NSF and other independent testing laboratories have shown no detectable levels

of radionuclides in product samples of fluoride chemicals There is no evidence that any of the known impurities in the fluoride chemicals have failed to meet any of these standards Opponents ofwater fluoridation have sometimes charged that industrial grade fluoride chemicals are used at the water plant instead ofpharmaceutical grade chemicals All the standards of AWWA ANSI and NSF apply to these industrial grade fluoride chemicals to ensure they are safe Phannaceutical grade fluoride compounds are not appropriate for water fluoridation they are used in the formulation of prescription drugs

Finally it is sometimes alleged that the fluoride from natural sources like calcium fluoride is better than fluorides added artificially such as from the fluoride chemicals presently used There is no difference There is no reason to change the opinion of CDC that water fluoridation is safe and effective

Thomas O Reeves PE National Fluoridation Engineer Program Services Branch Division ofOm] Health National Center for Chronic Disease Prevention and Health Promotion Centers for Disease Control and Prevention

2

8813 US Highway 41 South Riverview Florida 33569

EMERGENCY TELEPHONEmiddot CHEMTREC 1-800-424-9300

SECTION I PRODUCT INFORMATION

TRADE NAME Hydrofluosilicic Acid

CHEMICAL NAME I Hydrofluosilicic Acid

CAS NUMBER

CHEMICAL FAMILY

SYNONYMS

PRIMARY USE

SECTION II

FORMULA

COMPOSITION

SECTION III EMERGENCY OVERVIEW

16961-83-4

I norganic Fluorides

FluorosHicic Acid Hexafluosilicic Acid HFS FSA Auoridation of drinking water

COMPOSITION INFORMATION ON INGREDIENTS

H2SiF6

Hydrofluosilicic Acid 120-25

water 175-80

HAZARD IDENTIFICATION Large doses can cause nausea vomiting diarrhea abdominal buming and cramp-like pains Circulatory respiratory neNOUS complaints and skin rashes may occur Liquid

Health Hazards or vapor also causes severe irritation and bums Which will not be immediately apparent It also causes severe irritation to the lungs nose and throat If swallowed it can cause severe damage to throat and stomach

Physical Hazards Not applicable

Physical Form liquid

Appearance water White to straw yellow liquid

Odor Pungent

Toxicity Not identified as toxic by OSHA

NFPA HAZARD CLASS ~HAZARD CLAS Health 3

I Flammability 0

Instability Special Hazard 1

FlammabHity 1

Physical 2Hanrd

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOSt MOS16961061

POTENTiAl HEALTH EFFECTS

Acute - I Titant Chronic - Degenerative changes in the liver Fluorosis

POTENTIAl ENVIRONMENTAl EFFECTS

None listed

SECTION IV FIRST AID MEASURES

FIRST AID PROCEDURES

Eyes Invnediately flush with plenty of water for at least 15 minutes Get medical attention invnediately

Skin

Invnediately flush with plenty of water Remove contaminated clothing Discard contaminated clothing properly Get medical attention if irritation occurs or persists

Inhated Move to fresh air Administer oxygen Treat symptomatically Get medical attention promptly

Ingestion Give large quantities of water to patient if conscious 00 Not induca vomiting Seek medical attention promptly

NOTE TO PHYSICIAN Not applicable

SECTION V FIRE FIGHTING MEASURES

Flammable Properties

Flash Point Not applicable

Flammability Not applicable

LEUUEL Not applicable

Auto-Ignition Temperature

Not applicable

Extinguishing Media Small fires Water spray foam dry chemical or CO2

Large fires Water spray fog or foam

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOS MOS16961061

Wear selfcontained breathing apparatus with full protective clothing

Protection of Firefighters

Dangerous when heated to decomposition highly toxic and corrosive fumes of fluorides are emitted Will react with water or steam to produce toxic and COITOSive fumes May generate hydrogen in contact with some metals

SECTION VI

RESPONSE TECHNIQUES

ACCIDENTAL RELEASE MEASURES Small spills Contain spill and stop leak if it can be done without risk Use sodium carbonate or a mixture of soda ash and slaked lime sand or noncombustible absorbent material to soak up material Place in DOTmiddotapproved poly container and dispose of properly

Large spills Use same procedure as above Isolate spill area and deny entry Prevent discharge into waterways and sewers Material may be neutralized with sodium carbonate or a mixture of soda ash and slaked lime Contact proper local state or federal regulatory agencies to ascertain proper disposal techniques and procedures

All waste to be collected in a DOTmiddot IPOlY drum for disposal

= SECTION VII

HANDLING

HANDLING AND STORAGE

Avoid contact with eyes skin and clothing Wash thoroughly after handling Maintain proper hygiene practices when handling this product

STORAGE Use DOT-approved poly drum for storage

SECTION VIII EXPOSURE CONTROLS I PERSONAL PROTECTION

ENGINEERING CONTROLS

Eye wash and shaNer stations should be available where acid is being handled

PERSONAl PROTECTIVE EQUIPMENT (PPE)

EyelFace

Skin

Respiratory

Splash proof goggles and fullmiddotface shield should be worn at all times Acid proof gloves headgear protective shoes and clothing should be worn to Drevent contact Use respiratory for 20ppm or less concentration Use a self-contained breathing apparatus for concentrations of greater than 2Oppm

Other None

GENERAL HYGIENE CONSIDERA nONS

Avoid breathing fumes Avoid ingestion Wash thoroughly after handling Avoid contact with eyes or skin Use in adequate ventilation

EXPOSURE GUIDELINES

OSHA Permissible Exposure Limits (PEL) 25mgFm3

ACGIH Threshold Limit Value (TLV) 25 rng Fm3

Status New Issue ~ate February 3 2006 Section(s) Revised NlA MSDS MOS16961061

SECTION IX PHYSICAL AND CHEMICAL PROPERTIES

Note Unless othetWise stated values in this section are determined at 20middotC (68middotF) and 760 mm Hg (1 aim)

Flash Point Not applicable Flammabilityl Explosive Limits ()

Not applicable

Auto-Ignition Temperature

Not applicable

Appearance Water white to straw yellow liquid

Physical State Liquid

Odor Pungent Molecular Weight of Pure Material

14411g1mol

pH 12 Vapor Pressure (mmHg)

Not applicable

Vapor Density (air=1)

Not applicable

Boiling Point 2223 OF

FreezinglMelting Point Not applicable

Solubility in Water Not applicable 100 soluble in water

Specific Gravity 12

Volatility Not applicable

Bulk Density 98 Ibslfemiddot 25 Sol 77DF

SECTION X STABILITY AND REACTIVITY

Chemical Stability Stable

Conditions to Avoid Avoid all heat sources

Incompatible Materials Avoid contact with metals stoneware strong acids and alkalies explosives toxicants readily oxidizable materials alkali metals combustible solids and organic peroxides

Hazardous Decomposition Products

Extreme temperatures such as a fire cause formation of highly toxic and corrosive fumes of fluorides such as SiF and HF Hydrogen gas may be fonned at temperatures above 227DF

Corrosiveness Attacks silica bearing materials metals and stoneware Hazardous Polymerization

Will not occur

Status New Issue Date February 3 2006 Section(s) Revised NA MSDS MOS16961061

SECTION XI TOXICOLOGICAL INFORMATION

Acute Oral Toxicity 430 mgkg oral-rat LD50

Acute Dermal Toxicity 140 mgkg LOLo (Frog)

Mutagenesis No data available

Target Organ No data available

Developmental Toxicity No data available

Carcinogenicity No data available

SECTION XII ECOLOGICAL INFORMATION

ECOTOXfCOLOGY No data available

SECTION XIII DISPOSAL CONSIDERATIONS

Keep in covered DOT-approved poly drums pending disposal Handle and dispose in full compliance with an applicable Intemational Federal State and Local reQulations

SECTION XIV TRANSPORT INFO

Regulatory Status None established

Proper Shipping Name Hydrofluosilicic Acid

Hazard Class Class 8 (corrosive)

Packing Group II

Identification Number UN1778

Guide Number 154

SECTION XV REGULA TORY INFORMATION

CERClA Not Regulated RCRA 26133 Not Regulated

SARA TI11E III Section 302 Not Regulated (ExemptIons at 40 CFR Pan 370 may apply for agricuIIural use or lor quantllies of less

SectIon 304 Not Regulated Section 3111312 Acute and Chronic

than 10000 pounds _lie) Section 313 Not Regulated NTP tARC OSHA Recommended for Study IARC group 3 Not regulated by OSHA

(PSM) Canada OSL and NDSL On Inventory TSCA On Inventory

Status New Issue Date February 3 2006 SectIon(s) Revised NlA MSOS MOS16961061

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS Usted as Fluorosilicic Acid CBSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUED REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMATION THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are fumished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4001shy1998

Note to (if 8IlpicBble)

Status New Issue Date February 3 2006 Section(s) Revised NlA MSDS MOS16961061

I

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS listed as Fluorosilicic Acid CaSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUEO REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMAnoN THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are furnished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4OO1shy1998

Note to __ (d 8pP1icab1ei

Status New Issue Date February 3 2006 Section(s) Revised NJA MSDS MOS16961061

DATE IIlIMIOOIYYY) nleO

IROOIJ(EII 1-113-623-2330

ACORD CERTIFICATE OF LIABILITY INSURANCE I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERllFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR

Arthur 01 Gallagher Rik ICanagtllaeUt Services 111C

ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW UOO wt Loop South Suite HOD Sou_ton fX 027

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1= I -- POUCYElFECMt POUCY_1IOII UIIfTlI

AI GENEAAI LWllUIY lOlXBHOUe001 111509 111510 EACH OCQJRAENCE 5 1 000000rc= I~OJEI~~t5W1RWLGE_tWIIUTY I $500000

I- CUllMSMAOE 0 OCXUR i WlDEXPfNw _1 $25000

PERSONAL ampNgtV1NJURf $ 1000000 l-

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POLICY~ lDC

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OIllER A Pollution (Cla1amp8 ]lacLo) OUIIIJOn8001 11150t 111510 rar Cltm 1000000

OESCtttPT1ONOFOPERATtOIISlOCAtatSVEHlCLBEXCLUSIOtfS ADDED BYCFL EItENT1SfECW PROVISIONS All policy t~ COD4itione ltaittiaa ampad ezclu8iCD8 apply II Aotonio ter ly8t_ b -I 44itioDampl b bullurlld CD the general liability __l1e policibullbull required lty written CODtract

CERTIFICATE HOLDER

_ Antonio t ly8t_ CO Bbia IlPO

It 0 Box 257 Rf 107-1U4-C08-1D71

IIHOUUgtNIt OF ___ IOUCE$III cuocauDlIIFOREntE DPlRATIOII

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~l9~ ACORD 25 (2001108)~~ OACORDCORPORAnON1~

IMPORTANT

If the certifICate holder is an ADDITIONAl INSURED the poUcy(ies) must be endorsed A statement on this certificate does nol confer rights to the certifICate holder in lieu of such endorsement(s)

If SUBROGATION IS WAIVED subject to the teons and conditions of the poHcy certain policies may require an endorsement A statement on this certificate does not OJOfer rights to the certificate holder in lieu of such endorsement(s)

DISCLAIMER

The Certificate of Insurance on the reverse side of this foon does not constitute a contract between the issuing insurer(s) authorized representative or producer and the certificate holder nor does it affinnatively or negatively amend extend or alter the coverage alforded by the policies listed thereon

ACORD 25 (2001108)

SUPPLEMENT TO CERTIFICATE OF INSURANCE I DATE 11180

NAME 01 INSURED PCCO Inc

Addii2Jg1 Ducllio II 00eta1ionslRemafks 1m PWl 1middot

Adcionallnfulmatlon

Ihldornt Pora if Applicable

General Liability

IBOOVBPICOOl Blapkat Additioaal ImIurecl ~ OvDer8yen Le or CODtractor8 a reqlird by

writtaD contract

IB COY BUC 001 Blanket Wiy~ of SUbrogation bullbull required by writtall contraot 4

Auto Liability

ADDL-ZKS-B 0600 Blanket Additional InltureltS a riOqUieltS by _1 U contract

IIAIVlIlI-B ono Blkt WaiT of Subrogation rOqU1reltS by _itten _tract

SUPP (05104)

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p2Oct 16 09 1212p LARRY YORK 2814466447

-OAte ~Actt CERTIACATE OF INSURANCE 00 t~~m~py~I~HOLDERmiicRTiFiCAn

YORK INSURANCE AGENCY DOES NOT AllliiMO EICTIDIO OR ALTER THE COVERAGE FfOADEO BY TIll POIJCIE8 8IlOWPO BOX 3861

HUMBLE TEXAS 77338 COMPANIES AFFORDING COVERAGE

= A TEXAS MUTUAL INSURANCE COMPANY

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PENCCOINC ~C PO BOX600 SAN FEUPE TEXAS 77473-0600 ~o

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8HDOUI AHt Of _ ~ DEIIIICMEO POCtCfU e ~ IJIiIOCIIE TIll __ DATE _ _ ISSUIHG ClOMPAHY __ TO~

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LEFT lIUT fMJ8 10 lIN 8UOH NO1ICI 8oWL INPOIIE 110 O8UJotlllH 011 LWlLIT OF ICIIIlI UPOIf lIE OOIolPAHY l1li AGEJmI OA _RUlSNTATlYIlamp

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SAN ANTONIO WATER SYSTEM P O BOX 2449

SAN ANTONIO TEXAS 78298middot2449 TABULATION OF BIDS

Annual Contract for Fluoroslficic Acid (February 2 2010 through February 1 2011) 300 pmbull January 19 2010

IlpoundSOlPnON ANOAPPIOlOMATE QUANlTN

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1 23 nominal Fluorosilicic Acid UNIT PRICE 4542

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2 1 ea 23 nominal Fluorosilicic Acid 55 pilon drum

UNIT PRICE 630

3 Split Delivery Fee (stop charge) 227 deliveries UNIT TOTAL 11000

4 Expediated Delivery UNIT PRICE 92500

APPRO~ATETOTAL TOTAL 50000000

Tenns

Delivery Days

1 20 days

5-6 days

1

BID INVITAnONS WERE MAUD TO ANDOR PICKED UP BY

Pennco SAWS Website Napea Chemical Cobull Inc Demandstar OXl UnivarUSA

Page 19: 331 Twisted Wood Dr.coalitionforsafemeters.org/TFSDW/PENNCO_Contract_2010.pdf · At the February 2,2010, meeting of the San Antonio Water System (SAWS) Board of Trustees, you were

17of21

SAWS STANDARD INSURANCE SPECIFICATIONS (Specifications)

I Commencing on the date of this Contract the Contractor shall at his own expense purchase maintain and keep in force such insurance as will protect him and the San Antonio Water System (SAWS) and the City of San Antonio (the City) and their employees and agents from claims which may arise out of or result from his operations under this Contract whether such operations are by himself by any sub-contractor supplier or by anyone directly or indirectly employed by any of them or by anyone fur whose acts any of them may be liable including without limitation the following

a Worken CompensatioD (WC) insurance that will protect the Contractor SAWS and the City from claims under statutory Workers Compensation laws disability laws or such other employee benefit laws and that will fulfill the requirements of the jurisdiction in which the work is to be pertbrmed

This insurance shall be endorsed to provide a Waiver of SubrogatioD in favor of SAWS and the City with respect to both this insurance coverage and the Employen Liability (EL) insurance (as specified immediately below in section lb)

b Employen Liability (EL) insurance (Coverage B under standard Workers Compensation policy) that will protect the Contractor SAWS and the City fur damages because of bodily injury sickness disease of vendors employees apart from that imposed by Workers Compensation laws The employers liability insurance shall have minimum limits ofliability ofnot less than

$ 100000000 Bodily Injury by Accident 100000000 Bodily Injury by Disease - Each Employee 100000000 Bodily Injury by Disease - Policy Limit

c Commerdal General Liability (CGL) insurance that will protect the Contractor SAWS and the City from claims fur damages because of bodily injury personal injury sickness disease or death and insurance that wilt protect the Contractor SAWS and the City from claims fur damages to or destruction of tangible property ofothers including loss ofuse thereof

This coverage shall

bull Cover independent contractors

bull Not include any exclusions relating to blasting explosion collapse ofbuildings or damage to underground property where applicable

bull Afford coverage fur Products Liabilityandor Completed Operations and Contractual Liability

The minimum limits ofliability fur this coverage shall be

$ 100000000 Occurrence Limit 200000000 General Aggregate

180f21

100000000 ProductsCompleted Operations Aggregate 100000000 Personal and Advertising Injury

5000000 Fire Legal Liability 100000000 Contractual Liability

This insurance shall be endorsed

bull Naming SAWS and the City as an Additionallosured and

bull To provide a Waiver of Subrogation in favor ofSAWS and the City

d Comprehensive Automobile Liability (AL) insurance that will protect the Contractor SAWS and the City from claims for damages arising out ofthe maintenance operation or use of any owned non-owned or hired vehicles Minimum limits of liability for bodily injury and property damage combined shall be not less than $100000000 per each occurrence

This insurance shall be endorsed

bull Naming SAWS and the City as an Additional Insured and

bull To provide a Waiver of Subrogation in favor ofSA WS and the City

e Umbrella LiabiUty (UL) insurance in the amount ofS200000000 This policy shall be ofan Occurrence type and the limit of liability shall be concurrent with (following form) and in excess of the EL CGL and AL insurance coverage as descnbed in paragraphs lb lc and Id above

f Contractors Pollution Liability Insuraoce with limits of $1000000 per occurrencelS2000000 in the aggregate The policy shall provide claims made coverage for all claims liabilities damages costs fees and expenses of any kind or character arising out ofany Pollution Condition(s) (as defined below) that js in any way related to CONTRACTORs operations actions or inactions and completed operations associated with any work performed by Contractor its subcontractors or any of their respective employees agents representatives or officers under this Contract Coverage must be maintained for a minimum of twenty-four (24) months after the end of the Contract term or ifthe Contract js terminated fOr any reason fOr a minimum oftwentyshyfour (24) months fOllowing the date of termination The policy retroactive date will be no later than the Contract start date

Pollution Condition(s) means the djscharge dispersal release or escape of any solid liquid gaseous or thermal irritant or contaminant including but not limited to smoke sewage vaplrs soot fumes acids alkalis toxic chemicals medical waste and waste materials into or upon land the atmosphere or any watercourse or body of water including groundwater provided such conditions are not naturally present in the environment in the amounts or concentrations discovered

The Contradors Pollution Liability losurance will pay on behalf of the CONTRACTOR SAWS and the City of San Antonio all claims demands damages liabilities costs fees and expenses of any kind or character fOr bodily injury or death

190f21

property damage environmental or natural resource damage and any fines fees assessments or penalties of any kind assessed by any governmental department agency or commission that resuh from or are related to a Pollution Condition(s) Coverage will include all subcontractors hired by CONTRACIOR to perform any work under this Contract

The policy shall also include the fullowing provisions

I) Coverage fur bodily injury to include physical injury sickness disease mental anguish and emotional distress sustained by any person including death

2) All costs that are related to or that arise out of or from the investigation or adjustment of any claim or in connection with any court arbitration mediation state administrative hearing or other proceeding ofany kind including attorneys fees expert witness fees costs charges and expenses of any kind or character that arise out ofor that are related to a Pollution Condition(s)

3) Coverage shall be Primary and in addition to any other valid and collectible insurance carried by SAWS and the City of San Antonio as respects to this Contract

4) Coverage fur Natural Resource Damages and any fines fees penalties or assessments by any governmental agency commission or department related to any Pollution Condition(s)

5) Insured versus Insured exclusion if fuund in the policy shall not apply to a claim by an Insured who qualifies as a Client of the Named Insured under the policy

6) IfNon-Owned Disposal sites are used for disposal ofwastes these sites shall be specifically included under the Contractors Pollution Liability Insurance policy and

7) Coverage for punitive exemplary and multiple damages

Automobile Liability policy ofCONTRACIOR halliing QlJy quantityof fluorosilicic acid shall either be endorsed to provide coverage under the TE9948 endorsement or the Contractors Pollution Liability Insurance policy shall be endorsed to provide transportation coverage beyond the boundaries ofthe testing andor delivery site(s)

2 Contractor shall require Sub-contractors to carry insurance coverage appropriate to their scope ofWork

3 Contractor shall furnish a completed Certificate ofInsurance which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage limits and termination provisions shown thereon

4 The insurance that is required under these Specifications shall be written so that SAWS and the City will be notified in writing in the event of cancellation restrictive endorsement or nonshyrenewal at least thirty (30) days prior to such action

200[21

5 Certificates of Insurance shall be filed with the System 10 days prior to the SAWS Board of Trustees award of the Contract The SAWS Contract namelBid number shaD be included in the Description of Operations section located in the bottom half of the standard ACORD Certificate furms

Certificates shall be mailed to SAWS directly to

San Antonio Water System Attention PurchBSbtg Division P O Box 2449 San Antonio TeDs 78198-1449

Contractor shall be responsible fur obtaining Certificates of IDsunnce from the first tier Subshycontractor and upon request furnish copies to SAWS

6 Separate Certificates of Insurance shall be filed with the City ofSan Antonio] 0 days prior to the SAWS Board of Trustees award of the Contract The SAWS Contract namelBid number shaD be included in the Description of Operations section located in the bottom half of the standard ACORD Certificate furms

Certificates shall be mailed to the City ofSan Antonio directly to

City ofSan Antonio Attention Risk Management PO Box 39966 San Antonio TX 78283-3966

A copy of the certificate of insurance provided to the City of San Antonio shall be provided to SAWS at the same time

7 Contractor is responsible for all deductibles under all ofthe insurance policies reqilired by these Specifications

8 The stated limits of insurance required by these Specifications are MINIMUM ONLY and it shall be the Contractors responsibility to determine what limits are adequate and the length of time this coverage shall be maintained the insurance limits are not a limit of the Contractors liability

These minimum limits may be basic policy limits or any combination of basic limits and umbrella limits SAWS acceptance of Certificates of Insurance that in any respect do not comply with these Specifications does not release the Contractor from compliance herewith

9 Contractor agrees that an insurance policies required bYthese Specifications shall be with insurance companies firms or entities that have an AM Best rating of A- (A- minus) and a Financial Size Category rating of a VII or better All insurance policies shall be of an Occurrence type except the Contractors Pollution Liability line ofcoverage

210f21

10 SURVIVAL

Any and all representations conditions and warranties made by Contractor under this Contract including without limitation the provisions ofSection lb ie and Id ofthese Insurance Specifications are ofthe essence ofthis Contract and shall survive the execution and delivery of it and all stalernents contained in any document required by SAWS whether delivered at the time ofthe execution or al a later dale shall constitute representations and warranties hereunder

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PENCCO INC Pioneer Engineering Chemical Company

AFFIDAVIT OF COMPLIANCE

This is to certify that the Hydrofluorosilicic Acid supplied by our company meets A WWA Standard B703-00 or the latest revision and is certified to NSFANSI Standard NSF-60

Signature shy

R L Home President

Name and Title ofOfficial

142010

Date

PO BOX 600 bull SAN FELIPE TX 11473

PHONE 919-885-0005 bull 800-864-174~ bull FAX 979-885-3208

INPOPENCCOCON

NSF Certified Products - Public Water Supply Treatment Chemicals Page lof2

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NSFANSI STANDARD 60 Drinking Water Treatment Chemicalsmiddot Health Effects

----------~-----~

PENCCO INC PO BOX 600 SAN FELIPE TX 77473 800-864-1742 979-885-0005

Facility DISTRIBUTION CENTER - RICHMOND CA

Hydrofluosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid

Product Function Fluoridation Fluoridation

Max Use 6mgIL 6mgIL

Hydrofluosilicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - SOUTH GATE CA

HydrofluosUicir Acid Trade Designation Product FlUlCtion Max Use Fluorosilicic Acid Fluoridation 6mgIL Fluosilicic Acid Fluoridation 6mgIL Hydrofluosiiicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - WILLOW SPRINGS IL

Hydroftuosllicir Arid Trade Designation Product Fll1ICtion Max Use Fluorosilicic Acid Fluoridation 6mgIL F1uosilicic Acid Fluoridation 6mgIL Hydrofluosilicic Acid Fluoridation 6mgIL

httpwwwnsforglCertifiedlPwsChemicalslListingsaspCompanyName=pencooampTrade111412010

NSF Certified Products - Public Water Supply Treatment Chemicals Page 20f2

Facility D1STRI BUTION CENTER - BALTIMORE MD

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Facility DISTRIBUTION CENTER

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Product Function Fluoridation Fluoridation Fluoridation

SEALY TX

Product Function Fluoridation Fluoridation Fluoridation

Facility DISTRIBUTION CENTER - WAXAHACHIE TX

Hydrofluosilicic Acid Trade Designation FLUOROSILICIC ACID FLUOSJLlCJC ACID HYDROFLUOROSILlCJC ACID HYDROFLUOSILICIC ACID

Product Function Fluoridation Fluoridation Fluoridation Fluoridation

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL 6mgIL

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httpwwwnsforglCertifiedlPwsChemicalslListingsaspCompanyName=penccoampTrade114120 10

PENCCO INC Pioneer Engineering Chemical Company

HydrofluorosiIicic Acid Bid QAlQC Info

Pencco meets AWWA Standards and is NSF Certified

Hydrofluorosilicic acid also known as HFS or FSA is a transparent colorless (water white to straw yellow) aqueous solution that is used in a variety of applications including the major end-use water treatment for fluoridation FSA is produced during the concentration of phosphoric acid in an evaporation process unique to the phosphate industry The vapor stream from the phosphoric acid reaction is scrubbed with water to form FSA from the naturally-occurring silica acid The final product is collected stored and tested prior to release for shipment Potential danger of contamination is minimized through compliance with NSF 60 NSF 60 typically checks sourlt)e product and any subsequent transfer before unloading into customer tanks

infopenccoCGm PO Bo 600 S Felipe Tens 77473-0600 9791885-0005 FAX 979f88S310ll

Refer FL-J43 September 2000

THE MANUFACTURE OF THE FLUORIDE CHEMICALS

All ofthe fluoride chemicals used in the US for water fluoridation sodium fluoride sodium fluorosilicate and fluorosilicic acid are useful byproducts of the phosphate fertilizer industry The manufacturing process produces two byproducts (I) a solid calcium sulfate (sheetrock CaS04) and (2) the gases hydrofluoric acid (HF) and silicon tetrafluoride (SiF4) A simplified explanation of the manufacturing process follows Apatite rock a calcium mineral found in central Florida is ground up and treated with sulfuric acid producing phosphoric acid and the two byproducts calcium sulfate and the two gas emissions These gases are captured by product recovery units (scrubbers) and condensed into 23 fluorosilicic acid Sodium fluoride and sodium fluorosilicate are made from this acid

The question of toxicity purity and risk to humans from the addition of fluoride chemicals to the drinking water sometimes arises Almost all of the over 40 water treatment chemicals that may be used at the water plant are toxic to humans in their concentrated form eg chlorine gas and the fluoride chemicals are no exception Added to the drinking water in very small amounts the fluoride chemicals dissociate virtually J 00 into their various components (ions) and are very stable safe and non-toxic

Opponents of water fluoridation have argued that the silicofluorides do not completely dissociate under conditions ofnormal water treatment and thus may cause health problems To counter these claims the basic chemistry of this dissociation has been carefully reviewed Scientists at the US Environmental Protection Agency (EPA) and CDC epidemiologists have examined the research that opponents of water fluoridation cite Both groups have concluded that these charges are not credible

The claim is sometimes made that no health studies exist on the silicofluoride chemicals used in water fluoridation That is correct We the scientific community do not study health effects of concentrated chemicals as put into water we study the health effects ofthe treated water Le what those chemicals become fluoride ion silicates and the hydrogen ion The health effects of fluoride have been analyzed by literally thousands of studies over SO years and have been found to be safe and effective in reducing tooth decay The EPA has not set any Maximum Contaminant Level (MCL) for the silicates as there is no known health concerns for them at the low concentrations found in drinking water Of course the measurement ofthe pH of the water determines the concentration of the hydrogen ion

Concern has been raised about the impurities in the fluoride chemicals The American Water Works Association (A WWA) a well-respected water supply industry association sets standards for all chemicals used in the water treatment plant including fluoride chemicals The A WWA standards are ANSJJ A WWA B701-99 (sodium fluoride) ANSJJ A WWA B702-99 (sodium

fluorosilicate) and ANSIIAWWA B703-00 (fluorosilicic acid) The National Sanitation Foundation (NSF) also sets standards and does product certification for products used in the water industry including fluoride chemicals ANSINSF Standard 60 sets standards for purity and provides testing and certification for the fluoride chemicals Standard 60 was developed by NSF and a consortium of associations including the A WWA and the American National Standards Institute (ANSI) This standard provides for product quality and safety assurance to prevent the addition of harmful levels of contaminants from water treatment chemicals More than 40 states have laws or regulations requiring product compliance with Standard 60 NSF tests the fluoride chemicals for the II regulated metal compounds that have an EPA MCL In order for a product [for example fluorosilicic acid] to meet certification standards regulated metal contaminants must be present at the tap [in the home] at a concentration ofless than ten percent of the MCL when added to drinking water at the recommended maximum use level The EPA has not set any MCL for the silicates as there is no known health concerns but Standard 60 has a Maximum Allowable Level (MAL) of 16 mgIL for sodium silicates as corrosion control agents primarily for turbidity reasons NSF tests have shown the silicates in the water samples from public water systems to be well below these levels

Arsenic according to NSF tests had an average of043 ugIL [parts per billion] in the drinking water attributable to the fluoride chemical Opflow a monthly magazine from the A WWA has found the arsenic level in the finished water from the fluorosilicic acid to be 0245 ugIL [OpflowVol 26 No 10October 2000] The NSF Standard 60 has a Maximum Allowable Level (MAL) of25 ugIL and EPA has a MCL of 50 ugIL although they have proposed to lower their MCL to 5 ugIL As you can see arsenic is less that III Oth ofeven the proposed EPA MCL Finally tests by NSF and other independent testing laboratories have shown no detectable levels

of radionuclides in product samples of fluoride chemicals There is no evidence that any of the known impurities in the fluoride chemicals have failed to meet any of these standards Opponents ofwater fluoridation have sometimes charged that industrial grade fluoride chemicals are used at the water plant instead ofpharmaceutical grade chemicals All the standards of AWWA ANSI and NSF apply to these industrial grade fluoride chemicals to ensure they are safe Phannaceutical grade fluoride compounds are not appropriate for water fluoridation they are used in the formulation of prescription drugs

Finally it is sometimes alleged that the fluoride from natural sources like calcium fluoride is better than fluorides added artificially such as from the fluoride chemicals presently used There is no difference There is no reason to change the opinion of CDC that water fluoridation is safe and effective

Thomas O Reeves PE National Fluoridation Engineer Program Services Branch Division ofOm] Health National Center for Chronic Disease Prevention and Health Promotion Centers for Disease Control and Prevention

2

8813 US Highway 41 South Riverview Florida 33569

EMERGENCY TELEPHONEmiddot CHEMTREC 1-800-424-9300

SECTION I PRODUCT INFORMATION

TRADE NAME Hydrofluosilicic Acid

CHEMICAL NAME I Hydrofluosilicic Acid

CAS NUMBER

CHEMICAL FAMILY

SYNONYMS

PRIMARY USE

SECTION II

FORMULA

COMPOSITION

SECTION III EMERGENCY OVERVIEW

16961-83-4

I norganic Fluorides

FluorosHicic Acid Hexafluosilicic Acid HFS FSA Auoridation of drinking water

COMPOSITION INFORMATION ON INGREDIENTS

H2SiF6

Hydrofluosilicic Acid 120-25

water 175-80

HAZARD IDENTIFICATION Large doses can cause nausea vomiting diarrhea abdominal buming and cramp-like pains Circulatory respiratory neNOUS complaints and skin rashes may occur Liquid

Health Hazards or vapor also causes severe irritation and bums Which will not be immediately apparent It also causes severe irritation to the lungs nose and throat If swallowed it can cause severe damage to throat and stomach

Physical Hazards Not applicable

Physical Form liquid

Appearance water White to straw yellow liquid

Odor Pungent

Toxicity Not identified as toxic by OSHA

NFPA HAZARD CLASS ~HAZARD CLAS Health 3

I Flammability 0

Instability Special Hazard 1

FlammabHity 1

Physical 2Hanrd

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOSt MOS16961061

POTENTiAl HEALTH EFFECTS

Acute - I Titant Chronic - Degenerative changes in the liver Fluorosis

POTENTIAl ENVIRONMENTAl EFFECTS

None listed

SECTION IV FIRST AID MEASURES

FIRST AID PROCEDURES

Eyes Invnediately flush with plenty of water for at least 15 minutes Get medical attention invnediately

Skin

Invnediately flush with plenty of water Remove contaminated clothing Discard contaminated clothing properly Get medical attention if irritation occurs or persists

Inhated Move to fresh air Administer oxygen Treat symptomatically Get medical attention promptly

Ingestion Give large quantities of water to patient if conscious 00 Not induca vomiting Seek medical attention promptly

NOTE TO PHYSICIAN Not applicable

SECTION V FIRE FIGHTING MEASURES

Flammable Properties

Flash Point Not applicable

Flammability Not applicable

LEUUEL Not applicable

Auto-Ignition Temperature

Not applicable

Extinguishing Media Small fires Water spray foam dry chemical or CO2

Large fires Water spray fog or foam

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOS MOS16961061

Wear selfcontained breathing apparatus with full protective clothing

Protection of Firefighters

Dangerous when heated to decomposition highly toxic and corrosive fumes of fluorides are emitted Will react with water or steam to produce toxic and COITOSive fumes May generate hydrogen in contact with some metals

SECTION VI

RESPONSE TECHNIQUES

ACCIDENTAL RELEASE MEASURES Small spills Contain spill and stop leak if it can be done without risk Use sodium carbonate or a mixture of soda ash and slaked lime sand or noncombustible absorbent material to soak up material Place in DOTmiddotapproved poly container and dispose of properly

Large spills Use same procedure as above Isolate spill area and deny entry Prevent discharge into waterways and sewers Material may be neutralized with sodium carbonate or a mixture of soda ash and slaked lime Contact proper local state or federal regulatory agencies to ascertain proper disposal techniques and procedures

All waste to be collected in a DOTmiddot IPOlY drum for disposal

= SECTION VII

HANDLING

HANDLING AND STORAGE

Avoid contact with eyes skin and clothing Wash thoroughly after handling Maintain proper hygiene practices when handling this product

STORAGE Use DOT-approved poly drum for storage

SECTION VIII EXPOSURE CONTROLS I PERSONAL PROTECTION

ENGINEERING CONTROLS

Eye wash and shaNer stations should be available where acid is being handled

PERSONAl PROTECTIVE EQUIPMENT (PPE)

EyelFace

Skin

Respiratory

Splash proof goggles and fullmiddotface shield should be worn at all times Acid proof gloves headgear protective shoes and clothing should be worn to Drevent contact Use respiratory for 20ppm or less concentration Use a self-contained breathing apparatus for concentrations of greater than 2Oppm

Other None

GENERAL HYGIENE CONSIDERA nONS

Avoid breathing fumes Avoid ingestion Wash thoroughly after handling Avoid contact with eyes or skin Use in adequate ventilation

EXPOSURE GUIDELINES

OSHA Permissible Exposure Limits (PEL) 25mgFm3

ACGIH Threshold Limit Value (TLV) 25 rng Fm3

Status New Issue ~ate February 3 2006 Section(s) Revised NlA MSDS MOS16961061

SECTION IX PHYSICAL AND CHEMICAL PROPERTIES

Note Unless othetWise stated values in this section are determined at 20middotC (68middotF) and 760 mm Hg (1 aim)

Flash Point Not applicable Flammabilityl Explosive Limits ()

Not applicable

Auto-Ignition Temperature

Not applicable

Appearance Water white to straw yellow liquid

Physical State Liquid

Odor Pungent Molecular Weight of Pure Material

14411g1mol

pH 12 Vapor Pressure (mmHg)

Not applicable

Vapor Density (air=1)

Not applicable

Boiling Point 2223 OF

FreezinglMelting Point Not applicable

Solubility in Water Not applicable 100 soluble in water

Specific Gravity 12

Volatility Not applicable

Bulk Density 98 Ibslfemiddot 25 Sol 77DF

SECTION X STABILITY AND REACTIVITY

Chemical Stability Stable

Conditions to Avoid Avoid all heat sources

Incompatible Materials Avoid contact with metals stoneware strong acids and alkalies explosives toxicants readily oxidizable materials alkali metals combustible solids and organic peroxides

Hazardous Decomposition Products

Extreme temperatures such as a fire cause formation of highly toxic and corrosive fumes of fluorides such as SiF and HF Hydrogen gas may be fonned at temperatures above 227DF

Corrosiveness Attacks silica bearing materials metals and stoneware Hazardous Polymerization

Will not occur

Status New Issue Date February 3 2006 Section(s) Revised NA MSDS MOS16961061

SECTION XI TOXICOLOGICAL INFORMATION

Acute Oral Toxicity 430 mgkg oral-rat LD50

Acute Dermal Toxicity 140 mgkg LOLo (Frog)

Mutagenesis No data available

Target Organ No data available

Developmental Toxicity No data available

Carcinogenicity No data available

SECTION XII ECOLOGICAL INFORMATION

ECOTOXfCOLOGY No data available

SECTION XIII DISPOSAL CONSIDERATIONS

Keep in covered DOT-approved poly drums pending disposal Handle and dispose in full compliance with an applicable Intemational Federal State and Local reQulations

SECTION XIV TRANSPORT INFO

Regulatory Status None established

Proper Shipping Name Hydrofluosilicic Acid

Hazard Class Class 8 (corrosive)

Packing Group II

Identification Number UN1778

Guide Number 154

SECTION XV REGULA TORY INFORMATION

CERClA Not Regulated RCRA 26133 Not Regulated

SARA TI11E III Section 302 Not Regulated (ExemptIons at 40 CFR Pan 370 may apply for agricuIIural use or lor quantllies of less

SectIon 304 Not Regulated Section 3111312 Acute and Chronic

than 10000 pounds _lie) Section 313 Not Regulated NTP tARC OSHA Recommended for Study IARC group 3 Not regulated by OSHA

(PSM) Canada OSL and NDSL On Inventory TSCA On Inventory

Status New Issue Date February 3 2006 SectIon(s) Revised NlA MSOS MOS16961061

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS Usted as Fluorosilicic Acid CBSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUED REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMATION THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are fumished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4001shy1998

Note to (if 8IlpicBble)

Status New Issue Date February 3 2006 Section(s) Revised NlA MSDS MOS16961061

I

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS listed as Fluorosilicic Acid CaSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUEO REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMAnoN THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are furnished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4OO1shy1998

Note to __ (d 8pP1icab1ei

Status New Issue Date February 3 2006 Section(s) Revised NJA MSDS MOS16961061

DATE IIlIMIOOIYYY) nleO

IROOIJ(EII 1-113-623-2330

ACORD CERTIFICATE OF LIABILITY INSURANCE I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERllFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR

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ACORD 25 (2001108)

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3 Split Delivery Fee (stop charge) 227 deliveries UNIT TOTAL 11000

4 Expediated Delivery UNIT PRICE 92500

APPRO~ATETOTAL TOTAL 50000000

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Page 20: 331 Twisted Wood Dr.coalitionforsafemeters.org/TFSDW/PENNCO_Contract_2010.pdf · At the February 2,2010, meeting of the San Antonio Water System (SAWS) Board of Trustees, you were

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bull To provide a Waiver of Subrogation in favor ofSA WS and the City

e Umbrella LiabiUty (UL) insurance in the amount ofS200000000 This policy shall be ofan Occurrence type and the limit of liability shall be concurrent with (following form) and in excess of the EL CGL and AL insurance coverage as descnbed in paragraphs lb lc and Id above

f Contractors Pollution Liability Insuraoce with limits of $1000000 per occurrencelS2000000 in the aggregate The policy shall provide claims made coverage for all claims liabilities damages costs fees and expenses of any kind or character arising out ofany Pollution Condition(s) (as defined below) that js in any way related to CONTRACTORs operations actions or inactions and completed operations associated with any work performed by Contractor its subcontractors or any of their respective employees agents representatives or officers under this Contract Coverage must be maintained for a minimum of twenty-four (24) months after the end of the Contract term or ifthe Contract js terminated fOr any reason fOr a minimum oftwentyshyfour (24) months fOllowing the date of termination The policy retroactive date will be no later than the Contract start date

Pollution Condition(s) means the djscharge dispersal release or escape of any solid liquid gaseous or thermal irritant or contaminant including but not limited to smoke sewage vaplrs soot fumes acids alkalis toxic chemicals medical waste and waste materials into or upon land the atmosphere or any watercourse or body of water including groundwater provided such conditions are not naturally present in the environment in the amounts or concentrations discovered

The Contradors Pollution Liability losurance will pay on behalf of the CONTRACTOR SAWS and the City of San Antonio all claims demands damages liabilities costs fees and expenses of any kind or character fOr bodily injury or death

190f21

property damage environmental or natural resource damage and any fines fees assessments or penalties of any kind assessed by any governmental department agency or commission that resuh from or are related to a Pollution Condition(s) Coverage will include all subcontractors hired by CONTRACIOR to perform any work under this Contract

The policy shall also include the fullowing provisions

I) Coverage fur bodily injury to include physical injury sickness disease mental anguish and emotional distress sustained by any person including death

2) All costs that are related to or that arise out of or from the investigation or adjustment of any claim or in connection with any court arbitration mediation state administrative hearing or other proceeding ofany kind including attorneys fees expert witness fees costs charges and expenses of any kind or character that arise out ofor that are related to a Pollution Condition(s)

3) Coverage shall be Primary and in addition to any other valid and collectible insurance carried by SAWS and the City of San Antonio as respects to this Contract

4) Coverage fur Natural Resource Damages and any fines fees penalties or assessments by any governmental agency commission or department related to any Pollution Condition(s)

5) Insured versus Insured exclusion if fuund in the policy shall not apply to a claim by an Insured who qualifies as a Client of the Named Insured under the policy

6) IfNon-Owned Disposal sites are used for disposal ofwastes these sites shall be specifically included under the Contractors Pollution Liability Insurance policy and

7) Coverage for punitive exemplary and multiple damages

Automobile Liability policy ofCONTRACIOR halliing QlJy quantityof fluorosilicic acid shall either be endorsed to provide coverage under the TE9948 endorsement or the Contractors Pollution Liability Insurance policy shall be endorsed to provide transportation coverage beyond the boundaries ofthe testing andor delivery site(s)

2 Contractor shall require Sub-contractors to carry insurance coverage appropriate to their scope ofWork

3 Contractor shall furnish a completed Certificate ofInsurance which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage limits and termination provisions shown thereon

4 The insurance that is required under these Specifications shall be written so that SAWS and the City will be notified in writing in the event of cancellation restrictive endorsement or nonshyrenewal at least thirty (30) days prior to such action

200[21

5 Certificates of Insurance shall be filed with the System 10 days prior to the SAWS Board of Trustees award of the Contract The SAWS Contract namelBid number shaD be included in the Description of Operations section located in the bottom half of the standard ACORD Certificate furms

Certificates shall be mailed to SAWS directly to

San Antonio Water System Attention PurchBSbtg Division P O Box 2449 San Antonio TeDs 78198-1449

Contractor shall be responsible fur obtaining Certificates of IDsunnce from the first tier Subshycontractor and upon request furnish copies to SAWS

6 Separate Certificates of Insurance shall be filed with the City ofSan Antonio] 0 days prior to the SAWS Board of Trustees award of the Contract The SAWS Contract namelBid number shaD be included in the Description of Operations section located in the bottom half of the standard ACORD Certificate furms

Certificates shall be mailed to the City ofSan Antonio directly to

City ofSan Antonio Attention Risk Management PO Box 39966 San Antonio TX 78283-3966

A copy of the certificate of insurance provided to the City of San Antonio shall be provided to SAWS at the same time

7 Contractor is responsible for all deductibles under all ofthe insurance policies reqilired by these Specifications

8 The stated limits of insurance required by these Specifications are MINIMUM ONLY and it shall be the Contractors responsibility to determine what limits are adequate and the length of time this coverage shall be maintained the insurance limits are not a limit of the Contractors liability

These minimum limits may be basic policy limits or any combination of basic limits and umbrella limits SAWS acceptance of Certificates of Insurance that in any respect do not comply with these Specifications does not release the Contractor from compliance herewith

9 Contractor agrees that an insurance policies required bYthese Specifications shall be with insurance companies firms or entities that have an AM Best rating of A- (A- minus) and a Financial Size Category rating of a VII or better All insurance policies shall be of an Occurrence type except the Contractors Pollution Liability line ofcoverage

210f21

10 SURVIVAL

Any and all representations conditions and warranties made by Contractor under this Contract including without limitation the provisions ofSection lb ie and Id ofthese Insurance Specifications are ofthe essence ofthis Contract and shall survive the execution and delivery of it and all stalernents contained in any document required by SAWS whether delivered at the time ofthe execution or al a later dale shall constitute representations and warranties hereunder

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PENCCO INC Pioneer Engineering Chemical Company

AFFIDAVIT OF COMPLIANCE

This is to certify that the Hydrofluorosilicic Acid supplied by our company meets A WWA Standard B703-00 or the latest revision and is certified to NSFANSI Standard NSF-60

Signature shy

R L Home President

Name and Title ofOfficial

142010

Date

PO BOX 600 bull SAN FELIPE TX 11473

PHONE 919-885-0005 bull 800-864-174~ bull FAX 979-885-3208

INPOPENCCOCON

NSF Certified Products - Public Water Supply Treatment Chemicals Page lof2

NSF

NSF Product and Service Listings

These Listings were Last Updated on Thursday Janulry 14 Z010 at 415 AM Eastern Time Please contact NSF International to confirm the status ofany Listing report errors or make suggestions

Wami NSF is COIIccncd abot fradu 1 d-loIIdilll d iplaUolI ofwcbsik tOIl Ifyou havo relaquorod Ihis listiar in lIrd copy ys rorafirm tllis ccrtlflcatleDilistlac Infonnlion lIy COilli diretlly to hHnllmywnrforclCertlfOCllP1Ch_ibullbullblListilAlpfCOIIIQlnyNme-peDccoamp for tho latest most eatntl ifonnatlon

NSFANSI STANDARD 60 Drinking Water Treatment Chemicalsmiddot Health Effects

----------~-----~

PENCCO INC PO BOX 600 SAN FELIPE TX 77473 800-864-1742 979-885-0005

Facility DISTRIBUTION CENTER - RICHMOND CA

Hydrofluosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid

Product Function Fluoridation Fluoridation

Max Use 6mgIL 6mgIL

Hydrofluosilicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - SOUTH GATE CA

HydrofluosUicir Acid Trade Designation Product FlUlCtion Max Use Fluorosilicic Acid Fluoridation 6mgIL Fluosilicic Acid Fluoridation 6mgIL Hydrofluosiiicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - WILLOW SPRINGS IL

Hydroftuosllicir Arid Trade Designation Product Fll1ICtion Max Use Fluorosilicic Acid Fluoridation 6mgIL F1uosilicic Acid Fluoridation 6mgIL Hydrofluosilicic Acid Fluoridation 6mgIL

httpwwwnsforglCertifiedlPwsChemicalslListingsaspCompanyName=pencooampTrade111412010

NSF Certified Products - Public Water Supply Treatment Chemicals Page 20f2

Facility D1STRI BUTION CENTER - BALTIMORE MD

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Facility DISTRIBUTION CENTER

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Product Function Fluoridation Fluoridation Fluoridation

SEALY TX

Product Function Fluoridation Fluoridation Fluoridation

Facility DISTRIBUTION CENTER - WAXAHACHIE TX

Hydrofluosilicic Acid Trade Designation FLUOROSILICIC ACID FLUOSJLlCJC ACID HYDROFLUOROSILlCJC ACID HYDROFLUOSILICIC ACID

Product Function Fluoridation Fluoridation Fluoridation Fluoridation

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL 6mgIL

Number ofmBlching Muufactun1ll is 1 Number ofmalching Products is 19 Processing time was 0 seconds

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httpwwwnsforglCertifiedlPwsChemicalslListingsaspCompanyName=penccoampTrade114120 10

PENCCO INC Pioneer Engineering Chemical Company

HydrofluorosiIicic Acid Bid QAlQC Info

Pencco meets AWWA Standards and is NSF Certified

Hydrofluorosilicic acid also known as HFS or FSA is a transparent colorless (water white to straw yellow) aqueous solution that is used in a variety of applications including the major end-use water treatment for fluoridation FSA is produced during the concentration of phosphoric acid in an evaporation process unique to the phosphate industry The vapor stream from the phosphoric acid reaction is scrubbed with water to form FSA from the naturally-occurring silica acid The final product is collected stored and tested prior to release for shipment Potential danger of contamination is minimized through compliance with NSF 60 NSF 60 typically checks sourlt)e product and any subsequent transfer before unloading into customer tanks

infopenccoCGm PO Bo 600 S Felipe Tens 77473-0600 9791885-0005 FAX 979f88S310ll

Refer FL-J43 September 2000

THE MANUFACTURE OF THE FLUORIDE CHEMICALS

All ofthe fluoride chemicals used in the US for water fluoridation sodium fluoride sodium fluorosilicate and fluorosilicic acid are useful byproducts of the phosphate fertilizer industry The manufacturing process produces two byproducts (I) a solid calcium sulfate (sheetrock CaS04) and (2) the gases hydrofluoric acid (HF) and silicon tetrafluoride (SiF4) A simplified explanation of the manufacturing process follows Apatite rock a calcium mineral found in central Florida is ground up and treated with sulfuric acid producing phosphoric acid and the two byproducts calcium sulfate and the two gas emissions These gases are captured by product recovery units (scrubbers) and condensed into 23 fluorosilicic acid Sodium fluoride and sodium fluorosilicate are made from this acid

The question of toxicity purity and risk to humans from the addition of fluoride chemicals to the drinking water sometimes arises Almost all of the over 40 water treatment chemicals that may be used at the water plant are toxic to humans in their concentrated form eg chlorine gas and the fluoride chemicals are no exception Added to the drinking water in very small amounts the fluoride chemicals dissociate virtually J 00 into their various components (ions) and are very stable safe and non-toxic

Opponents of water fluoridation have argued that the silicofluorides do not completely dissociate under conditions ofnormal water treatment and thus may cause health problems To counter these claims the basic chemistry of this dissociation has been carefully reviewed Scientists at the US Environmental Protection Agency (EPA) and CDC epidemiologists have examined the research that opponents of water fluoridation cite Both groups have concluded that these charges are not credible

The claim is sometimes made that no health studies exist on the silicofluoride chemicals used in water fluoridation That is correct We the scientific community do not study health effects of concentrated chemicals as put into water we study the health effects ofthe treated water Le what those chemicals become fluoride ion silicates and the hydrogen ion The health effects of fluoride have been analyzed by literally thousands of studies over SO years and have been found to be safe and effective in reducing tooth decay The EPA has not set any Maximum Contaminant Level (MCL) for the silicates as there is no known health concerns for them at the low concentrations found in drinking water Of course the measurement ofthe pH of the water determines the concentration of the hydrogen ion

Concern has been raised about the impurities in the fluoride chemicals The American Water Works Association (A WWA) a well-respected water supply industry association sets standards for all chemicals used in the water treatment plant including fluoride chemicals The A WWA standards are ANSJJ A WWA B701-99 (sodium fluoride) ANSJJ A WWA B702-99 (sodium

fluorosilicate) and ANSIIAWWA B703-00 (fluorosilicic acid) The National Sanitation Foundation (NSF) also sets standards and does product certification for products used in the water industry including fluoride chemicals ANSINSF Standard 60 sets standards for purity and provides testing and certification for the fluoride chemicals Standard 60 was developed by NSF and a consortium of associations including the A WWA and the American National Standards Institute (ANSI) This standard provides for product quality and safety assurance to prevent the addition of harmful levels of contaminants from water treatment chemicals More than 40 states have laws or regulations requiring product compliance with Standard 60 NSF tests the fluoride chemicals for the II regulated metal compounds that have an EPA MCL In order for a product [for example fluorosilicic acid] to meet certification standards regulated metal contaminants must be present at the tap [in the home] at a concentration ofless than ten percent of the MCL when added to drinking water at the recommended maximum use level The EPA has not set any MCL for the silicates as there is no known health concerns but Standard 60 has a Maximum Allowable Level (MAL) of 16 mgIL for sodium silicates as corrosion control agents primarily for turbidity reasons NSF tests have shown the silicates in the water samples from public water systems to be well below these levels

Arsenic according to NSF tests had an average of043 ugIL [parts per billion] in the drinking water attributable to the fluoride chemical Opflow a monthly magazine from the A WWA has found the arsenic level in the finished water from the fluorosilicic acid to be 0245 ugIL [OpflowVol 26 No 10October 2000] The NSF Standard 60 has a Maximum Allowable Level (MAL) of25 ugIL and EPA has a MCL of 50 ugIL although they have proposed to lower their MCL to 5 ugIL As you can see arsenic is less that III Oth ofeven the proposed EPA MCL Finally tests by NSF and other independent testing laboratories have shown no detectable levels

of radionuclides in product samples of fluoride chemicals There is no evidence that any of the known impurities in the fluoride chemicals have failed to meet any of these standards Opponents ofwater fluoridation have sometimes charged that industrial grade fluoride chemicals are used at the water plant instead ofpharmaceutical grade chemicals All the standards of AWWA ANSI and NSF apply to these industrial grade fluoride chemicals to ensure they are safe Phannaceutical grade fluoride compounds are not appropriate for water fluoridation they are used in the formulation of prescription drugs

Finally it is sometimes alleged that the fluoride from natural sources like calcium fluoride is better than fluorides added artificially such as from the fluoride chemicals presently used There is no difference There is no reason to change the opinion of CDC that water fluoridation is safe and effective

Thomas O Reeves PE National Fluoridation Engineer Program Services Branch Division ofOm] Health National Center for Chronic Disease Prevention and Health Promotion Centers for Disease Control and Prevention

2

8813 US Highway 41 South Riverview Florida 33569

EMERGENCY TELEPHONEmiddot CHEMTREC 1-800-424-9300

SECTION I PRODUCT INFORMATION

TRADE NAME Hydrofluosilicic Acid

CHEMICAL NAME I Hydrofluosilicic Acid

CAS NUMBER

CHEMICAL FAMILY

SYNONYMS

PRIMARY USE

SECTION II

FORMULA

COMPOSITION

SECTION III EMERGENCY OVERVIEW

16961-83-4

I norganic Fluorides

FluorosHicic Acid Hexafluosilicic Acid HFS FSA Auoridation of drinking water

COMPOSITION INFORMATION ON INGREDIENTS

H2SiF6

Hydrofluosilicic Acid 120-25

water 175-80

HAZARD IDENTIFICATION Large doses can cause nausea vomiting diarrhea abdominal buming and cramp-like pains Circulatory respiratory neNOUS complaints and skin rashes may occur Liquid

Health Hazards or vapor also causes severe irritation and bums Which will not be immediately apparent It also causes severe irritation to the lungs nose and throat If swallowed it can cause severe damage to throat and stomach

Physical Hazards Not applicable

Physical Form liquid

Appearance water White to straw yellow liquid

Odor Pungent

Toxicity Not identified as toxic by OSHA

NFPA HAZARD CLASS ~HAZARD CLAS Health 3

I Flammability 0

Instability Special Hazard 1

FlammabHity 1

Physical 2Hanrd

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOSt MOS16961061

POTENTiAl HEALTH EFFECTS

Acute - I Titant Chronic - Degenerative changes in the liver Fluorosis

POTENTIAl ENVIRONMENTAl EFFECTS

None listed

SECTION IV FIRST AID MEASURES

FIRST AID PROCEDURES

Eyes Invnediately flush with plenty of water for at least 15 minutes Get medical attention invnediately

Skin

Invnediately flush with plenty of water Remove contaminated clothing Discard contaminated clothing properly Get medical attention if irritation occurs or persists

Inhated Move to fresh air Administer oxygen Treat symptomatically Get medical attention promptly

Ingestion Give large quantities of water to patient if conscious 00 Not induca vomiting Seek medical attention promptly

NOTE TO PHYSICIAN Not applicable

SECTION V FIRE FIGHTING MEASURES

Flammable Properties

Flash Point Not applicable

Flammability Not applicable

LEUUEL Not applicable

Auto-Ignition Temperature

Not applicable

Extinguishing Media Small fires Water spray foam dry chemical or CO2

Large fires Water spray fog or foam

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOS MOS16961061

Wear selfcontained breathing apparatus with full protective clothing

Protection of Firefighters

Dangerous when heated to decomposition highly toxic and corrosive fumes of fluorides are emitted Will react with water or steam to produce toxic and COITOSive fumes May generate hydrogen in contact with some metals

SECTION VI

RESPONSE TECHNIQUES

ACCIDENTAL RELEASE MEASURES Small spills Contain spill and stop leak if it can be done without risk Use sodium carbonate or a mixture of soda ash and slaked lime sand or noncombustible absorbent material to soak up material Place in DOTmiddotapproved poly container and dispose of properly

Large spills Use same procedure as above Isolate spill area and deny entry Prevent discharge into waterways and sewers Material may be neutralized with sodium carbonate or a mixture of soda ash and slaked lime Contact proper local state or federal regulatory agencies to ascertain proper disposal techniques and procedures

All waste to be collected in a DOTmiddot IPOlY drum for disposal

= SECTION VII

HANDLING

HANDLING AND STORAGE

Avoid contact with eyes skin and clothing Wash thoroughly after handling Maintain proper hygiene practices when handling this product

STORAGE Use DOT-approved poly drum for storage

SECTION VIII EXPOSURE CONTROLS I PERSONAL PROTECTION

ENGINEERING CONTROLS

Eye wash and shaNer stations should be available where acid is being handled

PERSONAl PROTECTIVE EQUIPMENT (PPE)

EyelFace

Skin

Respiratory

Splash proof goggles and fullmiddotface shield should be worn at all times Acid proof gloves headgear protective shoes and clothing should be worn to Drevent contact Use respiratory for 20ppm or less concentration Use a self-contained breathing apparatus for concentrations of greater than 2Oppm

Other None

GENERAL HYGIENE CONSIDERA nONS

Avoid breathing fumes Avoid ingestion Wash thoroughly after handling Avoid contact with eyes or skin Use in adequate ventilation

EXPOSURE GUIDELINES

OSHA Permissible Exposure Limits (PEL) 25mgFm3

ACGIH Threshold Limit Value (TLV) 25 rng Fm3

Status New Issue ~ate February 3 2006 Section(s) Revised NlA MSDS MOS16961061

SECTION IX PHYSICAL AND CHEMICAL PROPERTIES

Note Unless othetWise stated values in this section are determined at 20middotC (68middotF) and 760 mm Hg (1 aim)

Flash Point Not applicable Flammabilityl Explosive Limits ()

Not applicable

Auto-Ignition Temperature

Not applicable

Appearance Water white to straw yellow liquid

Physical State Liquid

Odor Pungent Molecular Weight of Pure Material

14411g1mol

pH 12 Vapor Pressure (mmHg)

Not applicable

Vapor Density (air=1)

Not applicable

Boiling Point 2223 OF

FreezinglMelting Point Not applicable

Solubility in Water Not applicable 100 soluble in water

Specific Gravity 12

Volatility Not applicable

Bulk Density 98 Ibslfemiddot 25 Sol 77DF

SECTION X STABILITY AND REACTIVITY

Chemical Stability Stable

Conditions to Avoid Avoid all heat sources

Incompatible Materials Avoid contact with metals stoneware strong acids and alkalies explosives toxicants readily oxidizable materials alkali metals combustible solids and organic peroxides

Hazardous Decomposition Products

Extreme temperatures such as a fire cause formation of highly toxic and corrosive fumes of fluorides such as SiF and HF Hydrogen gas may be fonned at temperatures above 227DF

Corrosiveness Attacks silica bearing materials metals and stoneware Hazardous Polymerization

Will not occur

Status New Issue Date February 3 2006 Section(s) Revised NA MSDS MOS16961061

SECTION XI TOXICOLOGICAL INFORMATION

Acute Oral Toxicity 430 mgkg oral-rat LD50

Acute Dermal Toxicity 140 mgkg LOLo (Frog)

Mutagenesis No data available

Target Organ No data available

Developmental Toxicity No data available

Carcinogenicity No data available

SECTION XII ECOLOGICAL INFORMATION

ECOTOXfCOLOGY No data available

SECTION XIII DISPOSAL CONSIDERATIONS

Keep in covered DOT-approved poly drums pending disposal Handle and dispose in full compliance with an applicable Intemational Federal State and Local reQulations

SECTION XIV TRANSPORT INFO

Regulatory Status None established

Proper Shipping Name Hydrofluosilicic Acid

Hazard Class Class 8 (corrosive)

Packing Group II

Identification Number UN1778

Guide Number 154

SECTION XV REGULA TORY INFORMATION

CERClA Not Regulated RCRA 26133 Not Regulated

SARA TI11E III Section 302 Not Regulated (ExemptIons at 40 CFR Pan 370 may apply for agricuIIural use or lor quantllies of less

SectIon 304 Not Regulated Section 3111312 Acute and Chronic

than 10000 pounds _lie) Section 313 Not Regulated NTP tARC OSHA Recommended for Study IARC group 3 Not regulated by OSHA

(PSM) Canada OSL and NDSL On Inventory TSCA On Inventory

Status New Issue Date February 3 2006 SectIon(s) Revised NlA MSOS MOS16961061

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS Usted as Fluorosilicic Acid CBSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUED REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMATION THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are fumished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4001shy1998

Note to (if 8IlpicBble)

Status New Issue Date February 3 2006 Section(s) Revised NlA MSDS MOS16961061

I

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS listed as Fluorosilicic Acid CaSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUEO REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMAnoN THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are furnished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4OO1shy1998

Note to __ (d 8pP1icab1ei

Status New Issue Date February 3 2006 Section(s) Revised NJA MSDS MOS16961061

DATE IIlIMIOOIYYY) nleO

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IMPORTANT

If the certifICate holder is an ADDITIONAl INSURED the poUcy(ies) must be endorsed A statement on this certificate does nol confer rights to the certifICate holder in lieu of such endorsement(s)

If SUBROGATION IS WAIVED subject to the teons and conditions of the poHcy certain policies may require an endorsement A statement on this certificate does not OJOfer rights to the certificate holder in lieu of such endorsement(s)

DISCLAIMER

The Certificate of Insurance on the reverse side of this foon does not constitute a contract between the issuing insurer(s) authorized representative or producer and the certificate holder nor does it affinnatively or negatively amend extend or alter the coverage alforded by the policies listed thereon

ACORD 25 (2001108)

SUPPLEMENT TO CERTIFICATE OF INSURANCE I DATE 11180

NAME 01 INSURED PCCO Inc

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General Liability

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SAN ANTONIO WATER SYSTEM P O BOX 2449

SAN ANTONIO TEXAS 78298middot2449 TABULATION OF BIDS

Annual Contract for Fluoroslficic Acid (February 2 2010 through February 1 2011) 300 pmbull January 19 2010

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1 23 nominal Fluorosilicic Acid UNIT PRICE 4542

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2 1 ea 23 nominal Fluorosilicic Acid 55 pilon drum

UNIT PRICE 630

3 Split Delivery Fee (stop charge) 227 deliveries UNIT TOTAL 11000

4 Expediated Delivery UNIT PRICE 92500

APPRO~ATETOTAL TOTAL 50000000

Tenns

Delivery Days

1 20 days

5-6 days

1

BID INVITAnONS WERE MAUD TO ANDOR PICKED UP BY

Pennco SAWS Website Napea Chemical Cobull Inc Demandstar OXl UnivarUSA

Page 21: 331 Twisted Wood Dr.coalitionforsafemeters.org/TFSDW/PENNCO_Contract_2010.pdf · At the February 2,2010, meeting of the San Antonio Water System (SAWS) Board of Trustees, you were

190f21

property damage environmental or natural resource damage and any fines fees assessments or penalties of any kind assessed by any governmental department agency or commission that resuh from or are related to a Pollution Condition(s) Coverage will include all subcontractors hired by CONTRACIOR to perform any work under this Contract

The policy shall also include the fullowing provisions

I) Coverage fur bodily injury to include physical injury sickness disease mental anguish and emotional distress sustained by any person including death

2) All costs that are related to or that arise out of or from the investigation or adjustment of any claim or in connection with any court arbitration mediation state administrative hearing or other proceeding ofany kind including attorneys fees expert witness fees costs charges and expenses of any kind or character that arise out ofor that are related to a Pollution Condition(s)

3) Coverage shall be Primary and in addition to any other valid and collectible insurance carried by SAWS and the City of San Antonio as respects to this Contract

4) Coverage fur Natural Resource Damages and any fines fees penalties or assessments by any governmental agency commission or department related to any Pollution Condition(s)

5) Insured versus Insured exclusion if fuund in the policy shall not apply to a claim by an Insured who qualifies as a Client of the Named Insured under the policy

6) IfNon-Owned Disposal sites are used for disposal ofwastes these sites shall be specifically included under the Contractors Pollution Liability Insurance policy and

7) Coverage for punitive exemplary and multiple damages

Automobile Liability policy ofCONTRACIOR halliing QlJy quantityof fluorosilicic acid shall either be endorsed to provide coverage under the TE9948 endorsement or the Contractors Pollution Liability Insurance policy shall be endorsed to provide transportation coverage beyond the boundaries ofthe testing andor delivery site(s)

2 Contractor shall require Sub-contractors to carry insurance coverage appropriate to their scope ofWork

3 Contractor shall furnish a completed Certificate ofInsurance which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage limits and termination provisions shown thereon

4 The insurance that is required under these Specifications shall be written so that SAWS and the City will be notified in writing in the event of cancellation restrictive endorsement or nonshyrenewal at least thirty (30) days prior to such action

200[21

5 Certificates of Insurance shall be filed with the System 10 days prior to the SAWS Board of Trustees award of the Contract The SAWS Contract namelBid number shaD be included in the Description of Operations section located in the bottom half of the standard ACORD Certificate furms

Certificates shall be mailed to SAWS directly to

San Antonio Water System Attention PurchBSbtg Division P O Box 2449 San Antonio TeDs 78198-1449

Contractor shall be responsible fur obtaining Certificates of IDsunnce from the first tier Subshycontractor and upon request furnish copies to SAWS

6 Separate Certificates of Insurance shall be filed with the City ofSan Antonio] 0 days prior to the SAWS Board of Trustees award of the Contract The SAWS Contract namelBid number shaD be included in the Description of Operations section located in the bottom half of the standard ACORD Certificate furms

Certificates shall be mailed to the City ofSan Antonio directly to

City ofSan Antonio Attention Risk Management PO Box 39966 San Antonio TX 78283-3966

A copy of the certificate of insurance provided to the City of San Antonio shall be provided to SAWS at the same time

7 Contractor is responsible for all deductibles under all ofthe insurance policies reqilired by these Specifications

8 The stated limits of insurance required by these Specifications are MINIMUM ONLY and it shall be the Contractors responsibility to determine what limits are adequate and the length of time this coverage shall be maintained the insurance limits are not a limit of the Contractors liability

These minimum limits may be basic policy limits or any combination of basic limits and umbrella limits SAWS acceptance of Certificates of Insurance that in any respect do not comply with these Specifications does not release the Contractor from compliance herewith

9 Contractor agrees that an insurance policies required bYthese Specifications shall be with insurance companies firms or entities that have an AM Best rating of A- (A- minus) and a Financial Size Category rating of a VII or better All insurance policies shall be of an Occurrence type except the Contractors Pollution Liability line ofcoverage

210f21

10 SURVIVAL

Any and all representations conditions and warranties made by Contractor under this Contract including without limitation the provisions ofSection lb ie and Id ofthese Insurance Specifications are ofthe essence ofthis Contract and shall survive the execution and delivery of it and all stalernents contained in any document required by SAWS whether delivered at the time ofthe execution or al a later dale shall constitute representations and warranties hereunder

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PENCCO INC Pioneer Engineering Chemical Company

AFFIDAVIT OF COMPLIANCE

This is to certify that the Hydrofluorosilicic Acid supplied by our company meets A WWA Standard B703-00 or the latest revision and is certified to NSFANSI Standard NSF-60

Signature shy

R L Home President

Name and Title ofOfficial

142010

Date

PO BOX 600 bull SAN FELIPE TX 11473

PHONE 919-885-0005 bull 800-864-174~ bull FAX 979-885-3208

INPOPENCCOCON

NSF Certified Products - Public Water Supply Treatment Chemicals Page lof2

NSF

NSF Product and Service Listings

These Listings were Last Updated on Thursday Janulry 14 Z010 at 415 AM Eastern Time Please contact NSF International to confirm the status ofany Listing report errors or make suggestions

Wami NSF is COIIccncd abot fradu 1 d-loIIdilll d iplaUolI ofwcbsik tOIl Ifyou havo relaquorod Ihis listiar in lIrd copy ys rorafirm tllis ccrtlflcatleDilistlac Infonnlion lIy COilli diretlly to hHnllmywnrforclCertlfOCllP1Ch_ibullbullblListilAlpfCOIIIQlnyNme-peDccoamp for tho latest most eatntl ifonnatlon

NSFANSI STANDARD 60 Drinking Water Treatment Chemicalsmiddot Health Effects

----------~-----~

PENCCO INC PO BOX 600 SAN FELIPE TX 77473 800-864-1742 979-885-0005

Facility DISTRIBUTION CENTER - RICHMOND CA

Hydrofluosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid

Product Function Fluoridation Fluoridation

Max Use 6mgIL 6mgIL

Hydrofluosilicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - SOUTH GATE CA

HydrofluosUicir Acid Trade Designation Product FlUlCtion Max Use Fluorosilicic Acid Fluoridation 6mgIL Fluosilicic Acid Fluoridation 6mgIL Hydrofluosiiicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - WILLOW SPRINGS IL

Hydroftuosllicir Arid Trade Designation Product Fll1ICtion Max Use Fluorosilicic Acid Fluoridation 6mgIL F1uosilicic Acid Fluoridation 6mgIL Hydrofluosilicic Acid Fluoridation 6mgIL

httpwwwnsforglCertifiedlPwsChemicalslListingsaspCompanyName=pencooampTrade111412010

NSF Certified Products - Public Water Supply Treatment Chemicals Page 20f2

Facility D1STRI BUTION CENTER - BALTIMORE MD

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Facility DISTRIBUTION CENTER

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Product Function Fluoridation Fluoridation Fluoridation

SEALY TX

Product Function Fluoridation Fluoridation Fluoridation

Facility DISTRIBUTION CENTER - WAXAHACHIE TX

Hydrofluosilicic Acid Trade Designation FLUOROSILICIC ACID FLUOSJLlCJC ACID HYDROFLUOROSILlCJC ACID HYDROFLUOSILICIC ACID

Product Function Fluoridation Fluoridation Fluoridation Fluoridation

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL 6mgIL

Number ofmBlching Muufactun1ll is 1 Number ofmalching Products is 19 Processing time was 0 seconds

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bull Privacy Poliey bull SiteMap I bull Reguest Info I bull Contact Us I bull Copyright C 2004 NSF International

httpwwwnsforglCertifiedlPwsChemicalslListingsaspCompanyName=penccoampTrade114120 10

PENCCO INC Pioneer Engineering Chemical Company

HydrofluorosiIicic Acid Bid QAlQC Info

Pencco meets AWWA Standards and is NSF Certified

Hydrofluorosilicic acid also known as HFS or FSA is a transparent colorless (water white to straw yellow) aqueous solution that is used in a variety of applications including the major end-use water treatment for fluoridation FSA is produced during the concentration of phosphoric acid in an evaporation process unique to the phosphate industry The vapor stream from the phosphoric acid reaction is scrubbed with water to form FSA from the naturally-occurring silica acid The final product is collected stored and tested prior to release for shipment Potential danger of contamination is minimized through compliance with NSF 60 NSF 60 typically checks sourlt)e product and any subsequent transfer before unloading into customer tanks

infopenccoCGm PO Bo 600 S Felipe Tens 77473-0600 9791885-0005 FAX 979f88S310ll

Refer FL-J43 September 2000

THE MANUFACTURE OF THE FLUORIDE CHEMICALS

All ofthe fluoride chemicals used in the US for water fluoridation sodium fluoride sodium fluorosilicate and fluorosilicic acid are useful byproducts of the phosphate fertilizer industry The manufacturing process produces two byproducts (I) a solid calcium sulfate (sheetrock CaS04) and (2) the gases hydrofluoric acid (HF) and silicon tetrafluoride (SiF4) A simplified explanation of the manufacturing process follows Apatite rock a calcium mineral found in central Florida is ground up and treated with sulfuric acid producing phosphoric acid and the two byproducts calcium sulfate and the two gas emissions These gases are captured by product recovery units (scrubbers) and condensed into 23 fluorosilicic acid Sodium fluoride and sodium fluorosilicate are made from this acid

The question of toxicity purity and risk to humans from the addition of fluoride chemicals to the drinking water sometimes arises Almost all of the over 40 water treatment chemicals that may be used at the water plant are toxic to humans in their concentrated form eg chlorine gas and the fluoride chemicals are no exception Added to the drinking water in very small amounts the fluoride chemicals dissociate virtually J 00 into their various components (ions) and are very stable safe and non-toxic

Opponents of water fluoridation have argued that the silicofluorides do not completely dissociate under conditions ofnormal water treatment and thus may cause health problems To counter these claims the basic chemistry of this dissociation has been carefully reviewed Scientists at the US Environmental Protection Agency (EPA) and CDC epidemiologists have examined the research that opponents of water fluoridation cite Both groups have concluded that these charges are not credible

The claim is sometimes made that no health studies exist on the silicofluoride chemicals used in water fluoridation That is correct We the scientific community do not study health effects of concentrated chemicals as put into water we study the health effects ofthe treated water Le what those chemicals become fluoride ion silicates and the hydrogen ion The health effects of fluoride have been analyzed by literally thousands of studies over SO years and have been found to be safe and effective in reducing tooth decay The EPA has not set any Maximum Contaminant Level (MCL) for the silicates as there is no known health concerns for them at the low concentrations found in drinking water Of course the measurement ofthe pH of the water determines the concentration of the hydrogen ion

Concern has been raised about the impurities in the fluoride chemicals The American Water Works Association (A WWA) a well-respected water supply industry association sets standards for all chemicals used in the water treatment plant including fluoride chemicals The A WWA standards are ANSJJ A WWA B701-99 (sodium fluoride) ANSJJ A WWA B702-99 (sodium

fluorosilicate) and ANSIIAWWA B703-00 (fluorosilicic acid) The National Sanitation Foundation (NSF) also sets standards and does product certification for products used in the water industry including fluoride chemicals ANSINSF Standard 60 sets standards for purity and provides testing and certification for the fluoride chemicals Standard 60 was developed by NSF and a consortium of associations including the A WWA and the American National Standards Institute (ANSI) This standard provides for product quality and safety assurance to prevent the addition of harmful levels of contaminants from water treatment chemicals More than 40 states have laws or regulations requiring product compliance with Standard 60 NSF tests the fluoride chemicals for the II regulated metal compounds that have an EPA MCL In order for a product [for example fluorosilicic acid] to meet certification standards regulated metal contaminants must be present at the tap [in the home] at a concentration ofless than ten percent of the MCL when added to drinking water at the recommended maximum use level The EPA has not set any MCL for the silicates as there is no known health concerns but Standard 60 has a Maximum Allowable Level (MAL) of 16 mgIL for sodium silicates as corrosion control agents primarily for turbidity reasons NSF tests have shown the silicates in the water samples from public water systems to be well below these levels

Arsenic according to NSF tests had an average of043 ugIL [parts per billion] in the drinking water attributable to the fluoride chemical Opflow a monthly magazine from the A WWA has found the arsenic level in the finished water from the fluorosilicic acid to be 0245 ugIL [OpflowVol 26 No 10October 2000] The NSF Standard 60 has a Maximum Allowable Level (MAL) of25 ugIL and EPA has a MCL of 50 ugIL although they have proposed to lower their MCL to 5 ugIL As you can see arsenic is less that III Oth ofeven the proposed EPA MCL Finally tests by NSF and other independent testing laboratories have shown no detectable levels

of radionuclides in product samples of fluoride chemicals There is no evidence that any of the known impurities in the fluoride chemicals have failed to meet any of these standards Opponents ofwater fluoridation have sometimes charged that industrial grade fluoride chemicals are used at the water plant instead ofpharmaceutical grade chemicals All the standards of AWWA ANSI and NSF apply to these industrial grade fluoride chemicals to ensure they are safe Phannaceutical grade fluoride compounds are not appropriate for water fluoridation they are used in the formulation of prescription drugs

Finally it is sometimes alleged that the fluoride from natural sources like calcium fluoride is better than fluorides added artificially such as from the fluoride chemicals presently used There is no difference There is no reason to change the opinion of CDC that water fluoridation is safe and effective

Thomas O Reeves PE National Fluoridation Engineer Program Services Branch Division ofOm] Health National Center for Chronic Disease Prevention and Health Promotion Centers for Disease Control and Prevention

2

8813 US Highway 41 South Riverview Florida 33569

EMERGENCY TELEPHONEmiddot CHEMTREC 1-800-424-9300

SECTION I PRODUCT INFORMATION

TRADE NAME Hydrofluosilicic Acid

CHEMICAL NAME I Hydrofluosilicic Acid

CAS NUMBER

CHEMICAL FAMILY

SYNONYMS

PRIMARY USE

SECTION II

FORMULA

COMPOSITION

SECTION III EMERGENCY OVERVIEW

16961-83-4

I norganic Fluorides

FluorosHicic Acid Hexafluosilicic Acid HFS FSA Auoridation of drinking water

COMPOSITION INFORMATION ON INGREDIENTS

H2SiF6

Hydrofluosilicic Acid 120-25

water 175-80

HAZARD IDENTIFICATION Large doses can cause nausea vomiting diarrhea abdominal buming and cramp-like pains Circulatory respiratory neNOUS complaints and skin rashes may occur Liquid

Health Hazards or vapor also causes severe irritation and bums Which will not be immediately apparent It also causes severe irritation to the lungs nose and throat If swallowed it can cause severe damage to throat and stomach

Physical Hazards Not applicable

Physical Form liquid

Appearance water White to straw yellow liquid

Odor Pungent

Toxicity Not identified as toxic by OSHA

NFPA HAZARD CLASS ~HAZARD CLAS Health 3

I Flammability 0

Instability Special Hazard 1

FlammabHity 1

Physical 2Hanrd

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOSt MOS16961061

POTENTiAl HEALTH EFFECTS

Acute - I Titant Chronic - Degenerative changes in the liver Fluorosis

POTENTIAl ENVIRONMENTAl EFFECTS

None listed

SECTION IV FIRST AID MEASURES

FIRST AID PROCEDURES

Eyes Invnediately flush with plenty of water for at least 15 minutes Get medical attention invnediately

Skin

Invnediately flush with plenty of water Remove contaminated clothing Discard contaminated clothing properly Get medical attention if irritation occurs or persists

Inhated Move to fresh air Administer oxygen Treat symptomatically Get medical attention promptly

Ingestion Give large quantities of water to patient if conscious 00 Not induca vomiting Seek medical attention promptly

NOTE TO PHYSICIAN Not applicable

SECTION V FIRE FIGHTING MEASURES

Flammable Properties

Flash Point Not applicable

Flammability Not applicable

LEUUEL Not applicable

Auto-Ignition Temperature

Not applicable

Extinguishing Media Small fires Water spray foam dry chemical or CO2

Large fires Water spray fog or foam

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOS MOS16961061

Wear selfcontained breathing apparatus with full protective clothing

Protection of Firefighters

Dangerous when heated to decomposition highly toxic and corrosive fumes of fluorides are emitted Will react with water or steam to produce toxic and COITOSive fumes May generate hydrogen in contact with some metals

SECTION VI

RESPONSE TECHNIQUES

ACCIDENTAL RELEASE MEASURES Small spills Contain spill and stop leak if it can be done without risk Use sodium carbonate or a mixture of soda ash and slaked lime sand or noncombustible absorbent material to soak up material Place in DOTmiddotapproved poly container and dispose of properly

Large spills Use same procedure as above Isolate spill area and deny entry Prevent discharge into waterways and sewers Material may be neutralized with sodium carbonate or a mixture of soda ash and slaked lime Contact proper local state or federal regulatory agencies to ascertain proper disposal techniques and procedures

All waste to be collected in a DOTmiddot IPOlY drum for disposal

= SECTION VII

HANDLING

HANDLING AND STORAGE

Avoid contact with eyes skin and clothing Wash thoroughly after handling Maintain proper hygiene practices when handling this product

STORAGE Use DOT-approved poly drum for storage

SECTION VIII EXPOSURE CONTROLS I PERSONAL PROTECTION

ENGINEERING CONTROLS

Eye wash and shaNer stations should be available where acid is being handled

PERSONAl PROTECTIVE EQUIPMENT (PPE)

EyelFace

Skin

Respiratory

Splash proof goggles and fullmiddotface shield should be worn at all times Acid proof gloves headgear protective shoes and clothing should be worn to Drevent contact Use respiratory for 20ppm or less concentration Use a self-contained breathing apparatus for concentrations of greater than 2Oppm

Other None

GENERAL HYGIENE CONSIDERA nONS

Avoid breathing fumes Avoid ingestion Wash thoroughly after handling Avoid contact with eyes or skin Use in adequate ventilation

EXPOSURE GUIDELINES

OSHA Permissible Exposure Limits (PEL) 25mgFm3

ACGIH Threshold Limit Value (TLV) 25 rng Fm3

Status New Issue ~ate February 3 2006 Section(s) Revised NlA MSDS MOS16961061

SECTION IX PHYSICAL AND CHEMICAL PROPERTIES

Note Unless othetWise stated values in this section are determined at 20middotC (68middotF) and 760 mm Hg (1 aim)

Flash Point Not applicable Flammabilityl Explosive Limits ()

Not applicable

Auto-Ignition Temperature

Not applicable

Appearance Water white to straw yellow liquid

Physical State Liquid

Odor Pungent Molecular Weight of Pure Material

14411g1mol

pH 12 Vapor Pressure (mmHg)

Not applicable

Vapor Density (air=1)

Not applicable

Boiling Point 2223 OF

FreezinglMelting Point Not applicable

Solubility in Water Not applicable 100 soluble in water

Specific Gravity 12

Volatility Not applicable

Bulk Density 98 Ibslfemiddot 25 Sol 77DF

SECTION X STABILITY AND REACTIVITY

Chemical Stability Stable

Conditions to Avoid Avoid all heat sources

Incompatible Materials Avoid contact with metals stoneware strong acids and alkalies explosives toxicants readily oxidizable materials alkali metals combustible solids and organic peroxides

Hazardous Decomposition Products

Extreme temperatures such as a fire cause formation of highly toxic and corrosive fumes of fluorides such as SiF and HF Hydrogen gas may be fonned at temperatures above 227DF

Corrosiveness Attacks silica bearing materials metals and stoneware Hazardous Polymerization

Will not occur

Status New Issue Date February 3 2006 Section(s) Revised NA MSDS MOS16961061

SECTION XI TOXICOLOGICAL INFORMATION

Acute Oral Toxicity 430 mgkg oral-rat LD50

Acute Dermal Toxicity 140 mgkg LOLo (Frog)

Mutagenesis No data available

Target Organ No data available

Developmental Toxicity No data available

Carcinogenicity No data available

SECTION XII ECOLOGICAL INFORMATION

ECOTOXfCOLOGY No data available

SECTION XIII DISPOSAL CONSIDERATIONS

Keep in covered DOT-approved poly drums pending disposal Handle and dispose in full compliance with an applicable Intemational Federal State and Local reQulations

SECTION XIV TRANSPORT INFO

Regulatory Status None established

Proper Shipping Name Hydrofluosilicic Acid

Hazard Class Class 8 (corrosive)

Packing Group II

Identification Number UN1778

Guide Number 154

SECTION XV REGULA TORY INFORMATION

CERClA Not Regulated RCRA 26133 Not Regulated

SARA TI11E III Section 302 Not Regulated (ExemptIons at 40 CFR Pan 370 may apply for agricuIIural use or lor quantllies of less

SectIon 304 Not Regulated Section 3111312 Acute and Chronic

than 10000 pounds _lie) Section 313 Not Regulated NTP tARC OSHA Recommended for Study IARC group 3 Not regulated by OSHA

(PSM) Canada OSL and NDSL On Inventory TSCA On Inventory

Status New Issue Date February 3 2006 SectIon(s) Revised NlA MSOS MOS16961061

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS Usted as Fluorosilicic Acid CBSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUED REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMATION THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are fumished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4001shy1998

Note to (if 8IlpicBble)

Status New Issue Date February 3 2006 Section(s) Revised NlA MSDS MOS16961061

I

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS listed as Fluorosilicic Acid CaSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUEO REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMAnoN THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are furnished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4OO1shy1998

Note to __ (d 8pP1icab1ei

Status New Issue Date February 3 2006 Section(s) Revised NJA MSDS MOS16961061

DATE IIlIMIOOIYYY) nleO

IROOIJ(EII 1-113-623-2330

ACORD CERTIFICATE OF LIABILITY INSURANCE I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERllFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR

Arthur 01 Gallagher Rik ICanagtllaeUt Services 111C

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If the certifICate holder is an ADDITIONAl INSURED the poUcy(ies) must be endorsed A statement on this certificate does nol confer rights to the certifICate holder in lieu of such endorsement(s)

If SUBROGATION IS WAIVED subject to the teons and conditions of the poHcy certain policies may require an endorsement A statement on this certificate does not OJOfer rights to the certificate holder in lieu of such endorsement(s)

DISCLAIMER

The Certificate of Insurance on the reverse side of this foon does not constitute a contract between the issuing insurer(s) authorized representative or producer and the certificate holder nor does it affinnatively or negatively amend extend or alter the coverage alforded by the policies listed thereon

ACORD 25 (2001108)

SUPPLEMENT TO CERTIFICATE OF INSURANCE I DATE 11180

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SAN ANTONIO TEXAS 78298middot2449 TABULATION OF BIDS

Annual Contract for Fluoroslficic Acid (February 2 2010 through February 1 2011) 300 pmbull January 19 2010

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UNIT PRICE 630

3 Split Delivery Fee (stop charge) 227 deliveries UNIT TOTAL 11000

4 Expediated Delivery UNIT PRICE 92500

APPRO~ATETOTAL TOTAL 50000000

Tenns

Delivery Days

1 20 days

5-6 days

1

BID INVITAnONS WERE MAUD TO ANDOR PICKED UP BY

Pennco SAWS Website Napea Chemical Cobull Inc Demandstar OXl UnivarUSA

Page 22: 331 Twisted Wood Dr.coalitionforsafemeters.org/TFSDW/PENNCO_Contract_2010.pdf · At the February 2,2010, meeting of the San Antonio Water System (SAWS) Board of Trustees, you were

200[21

5 Certificates of Insurance shall be filed with the System 10 days prior to the SAWS Board of Trustees award of the Contract The SAWS Contract namelBid number shaD be included in the Description of Operations section located in the bottom half of the standard ACORD Certificate furms

Certificates shall be mailed to SAWS directly to

San Antonio Water System Attention PurchBSbtg Division P O Box 2449 San Antonio TeDs 78198-1449

Contractor shall be responsible fur obtaining Certificates of IDsunnce from the first tier Subshycontractor and upon request furnish copies to SAWS

6 Separate Certificates of Insurance shall be filed with the City ofSan Antonio] 0 days prior to the SAWS Board of Trustees award of the Contract The SAWS Contract namelBid number shaD be included in the Description of Operations section located in the bottom half of the standard ACORD Certificate furms

Certificates shall be mailed to the City ofSan Antonio directly to

City ofSan Antonio Attention Risk Management PO Box 39966 San Antonio TX 78283-3966

A copy of the certificate of insurance provided to the City of San Antonio shall be provided to SAWS at the same time

7 Contractor is responsible for all deductibles under all ofthe insurance policies reqilired by these Specifications

8 The stated limits of insurance required by these Specifications are MINIMUM ONLY and it shall be the Contractors responsibility to determine what limits are adequate and the length of time this coverage shall be maintained the insurance limits are not a limit of the Contractors liability

These minimum limits may be basic policy limits or any combination of basic limits and umbrella limits SAWS acceptance of Certificates of Insurance that in any respect do not comply with these Specifications does not release the Contractor from compliance herewith

9 Contractor agrees that an insurance policies required bYthese Specifications shall be with insurance companies firms or entities that have an AM Best rating of A- (A- minus) and a Financial Size Category rating of a VII or better All insurance policies shall be of an Occurrence type except the Contractors Pollution Liability line ofcoverage

210f21

10 SURVIVAL

Any and all representations conditions and warranties made by Contractor under this Contract including without limitation the provisions ofSection lb ie and Id ofthese Insurance Specifications are ofthe essence ofthis Contract and shall survive the execution and delivery of it and all stalernents contained in any document required by SAWS whether delivered at the time ofthe execution or al a later dale shall constitute representations and warranties hereunder

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PENCCO INC Pioneer Engineering Chemical Company

AFFIDAVIT OF COMPLIANCE

This is to certify that the Hydrofluorosilicic Acid supplied by our company meets A WWA Standard B703-00 or the latest revision and is certified to NSFANSI Standard NSF-60

Signature shy

R L Home President

Name and Title ofOfficial

142010

Date

PO BOX 600 bull SAN FELIPE TX 11473

PHONE 919-885-0005 bull 800-864-174~ bull FAX 979-885-3208

INPOPENCCOCON

NSF Certified Products - Public Water Supply Treatment Chemicals Page lof2

NSF

NSF Product and Service Listings

These Listings were Last Updated on Thursday Janulry 14 Z010 at 415 AM Eastern Time Please contact NSF International to confirm the status ofany Listing report errors or make suggestions

Wami NSF is COIIccncd abot fradu 1 d-loIIdilll d iplaUolI ofwcbsik tOIl Ifyou havo relaquorod Ihis listiar in lIrd copy ys rorafirm tllis ccrtlflcatleDilistlac Infonnlion lIy COilli diretlly to hHnllmywnrforclCertlfOCllP1Ch_ibullbullblListilAlpfCOIIIQlnyNme-peDccoamp for tho latest most eatntl ifonnatlon

NSFANSI STANDARD 60 Drinking Water Treatment Chemicalsmiddot Health Effects

----------~-----~

PENCCO INC PO BOX 600 SAN FELIPE TX 77473 800-864-1742 979-885-0005

Facility DISTRIBUTION CENTER - RICHMOND CA

Hydrofluosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid

Product Function Fluoridation Fluoridation

Max Use 6mgIL 6mgIL

Hydrofluosilicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - SOUTH GATE CA

HydrofluosUicir Acid Trade Designation Product FlUlCtion Max Use Fluorosilicic Acid Fluoridation 6mgIL Fluosilicic Acid Fluoridation 6mgIL Hydrofluosiiicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - WILLOW SPRINGS IL

Hydroftuosllicir Arid Trade Designation Product Fll1ICtion Max Use Fluorosilicic Acid Fluoridation 6mgIL F1uosilicic Acid Fluoridation 6mgIL Hydrofluosilicic Acid Fluoridation 6mgIL

httpwwwnsforglCertifiedlPwsChemicalslListingsaspCompanyName=pencooampTrade111412010

NSF Certified Products - Public Water Supply Treatment Chemicals Page 20f2

Facility D1STRI BUTION CENTER - BALTIMORE MD

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Facility DISTRIBUTION CENTER

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Product Function Fluoridation Fluoridation Fluoridation

SEALY TX

Product Function Fluoridation Fluoridation Fluoridation

Facility DISTRIBUTION CENTER - WAXAHACHIE TX

Hydrofluosilicic Acid Trade Designation FLUOROSILICIC ACID FLUOSJLlCJC ACID HYDROFLUOROSILlCJC ACID HYDROFLUOSILICIC ACID

Product Function Fluoridation Fluoridation Fluoridation Fluoridation

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL 6mgIL

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httpwwwnsforglCertifiedlPwsChemicalslListingsaspCompanyName=penccoampTrade114120 10

PENCCO INC Pioneer Engineering Chemical Company

HydrofluorosiIicic Acid Bid QAlQC Info

Pencco meets AWWA Standards and is NSF Certified

Hydrofluorosilicic acid also known as HFS or FSA is a transparent colorless (water white to straw yellow) aqueous solution that is used in a variety of applications including the major end-use water treatment for fluoridation FSA is produced during the concentration of phosphoric acid in an evaporation process unique to the phosphate industry The vapor stream from the phosphoric acid reaction is scrubbed with water to form FSA from the naturally-occurring silica acid The final product is collected stored and tested prior to release for shipment Potential danger of contamination is minimized through compliance with NSF 60 NSF 60 typically checks sourlt)e product and any subsequent transfer before unloading into customer tanks

infopenccoCGm PO Bo 600 S Felipe Tens 77473-0600 9791885-0005 FAX 979f88S310ll

Refer FL-J43 September 2000

THE MANUFACTURE OF THE FLUORIDE CHEMICALS

All ofthe fluoride chemicals used in the US for water fluoridation sodium fluoride sodium fluorosilicate and fluorosilicic acid are useful byproducts of the phosphate fertilizer industry The manufacturing process produces two byproducts (I) a solid calcium sulfate (sheetrock CaS04) and (2) the gases hydrofluoric acid (HF) and silicon tetrafluoride (SiF4) A simplified explanation of the manufacturing process follows Apatite rock a calcium mineral found in central Florida is ground up and treated with sulfuric acid producing phosphoric acid and the two byproducts calcium sulfate and the two gas emissions These gases are captured by product recovery units (scrubbers) and condensed into 23 fluorosilicic acid Sodium fluoride and sodium fluorosilicate are made from this acid

The question of toxicity purity and risk to humans from the addition of fluoride chemicals to the drinking water sometimes arises Almost all of the over 40 water treatment chemicals that may be used at the water plant are toxic to humans in their concentrated form eg chlorine gas and the fluoride chemicals are no exception Added to the drinking water in very small amounts the fluoride chemicals dissociate virtually J 00 into their various components (ions) and are very stable safe and non-toxic

Opponents of water fluoridation have argued that the silicofluorides do not completely dissociate under conditions ofnormal water treatment and thus may cause health problems To counter these claims the basic chemistry of this dissociation has been carefully reviewed Scientists at the US Environmental Protection Agency (EPA) and CDC epidemiologists have examined the research that opponents of water fluoridation cite Both groups have concluded that these charges are not credible

The claim is sometimes made that no health studies exist on the silicofluoride chemicals used in water fluoridation That is correct We the scientific community do not study health effects of concentrated chemicals as put into water we study the health effects ofthe treated water Le what those chemicals become fluoride ion silicates and the hydrogen ion The health effects of fluoride have been analyzed by literally thousands of studies over SO years and have been found to be safe and effective in reducing tooth decay The EPA has not set any Maximum Contaminant Level (MCL) for the silicates as there is no known health concerns for them at the low concentrations found in drinking water Of course the measurement ofthe pH of the water determines the concentration of the hydrogen ion

Concern has been raised about the impurities in the fluoride chemicals The American Water Works Association (A WWA) a well-respected water supply industry association sets standards for all chemicals used in the water treatment plant including fluoride chemicals The A WWA standards are ANSJJ A WWA B701-99 (sodium fluoride) ANSJJ A WWA B702-99 (sodium

fluorosilicate) and ANSIIAWWA B703-00 (fluorosilicic acid) The National Sanitation Foundation (NSF) also sets standards and does product certification for products used in the water industry including fluoride chemicals ANSINSF Standard 60 sets standards for purity and provides testing and certification for the fluoride chemicals Standard 60 was developed by NSF and a consortium of associations including the A WWA and the American National Standards Institute (ANSI) This standard provides for product quality and safety assurance to prevent the addition of harmful levels of contaminants from water treatment chemicals More than 40 states have laws or regulations requiring product compliance with Standard 60 NSF tests the fluoride chemicals for the II regulated metal compounds that have an EPA MCL In order for a product [for example fluorosilicic acid] to meet certification standards regulated metal contaminants must be present at the tap [in the home] at a concentration ofless than ten percent of the MCL when added to drinking water at the recommended maximum use level The EPA has not set any MCL for the silicates as there is no known health concerns but Standard 60 has a Maximum Allowable Level (MAL) of 16 mgIL for sodium silicates as corrosion control agents primarily for turbidity reasons NSF tests have shown the silicates in the water samples from public water systems to be well below these levels

Arsenic according to NSF tests had an average of043 ugIL [parts per billion] in the drinking water attributable to the fluoride chemical Opflow a monthly magazine from the A WWA has found the arsenic level in the finished water from the fluorosilicic acid to be 0245 ugIL [OpflowVol 26 No 10October 2000] The NSF Standard 60 has a Maximum Allowable Level (MAL) of25 ugIL and EPA has a MCL of 50 ugIL although they have proposed to lower their MCL to 5 ugIL As you can see arsenic is less that III Oth ofeven the proposed EPA MCL Finally tests by NSF and other independent testing laboratories have shown no detectable levels

of radionuclides in product samples of fluoride chemicals There is no evidence that any of the known impurities in the fluoride chemicals have failed to meet any of these standards Opponents ofwater fluoridation have sometimes charged that industrial grade fluoride chemicals are used at the water plant instead ofpharmaceutical grade chemicals All the standards of AWWA ANSI and NSF apply to these industrial grade fluoride chemicals to ensure they are safe Phannaceutical grade fluoride compounds are not appropriate for water fluoridation they are used in the formulation of prescription drugs

Finally it is sometimes alleged that the fluoride from natural sources like calcium fluoride is better than fluorides added artificially such as from the fluoride chemicals presently used There is no difference There is no reason to change the opinion of CDC that water fluoridation is safe and effective

Thomas O Reeves PE National Fluoridation Engineer Program Services Branch Division ofOm] Health National Center for Chronic Disease Prevention and Health Promotion Centers for Disease Control and Prevention

2

8813 US Highway 41 South Riverview Florida 33569

EMERGENCY TELEPHONEmiddot CHEMTREC 1-800-424-9300

SECTION I PRODUCT INFORMATION

TRADE NAME Hydrofluosilicic Acid

CHEMICAL NAME I Hydrofluosilicic Acid

CAS NUMBER

CHEMICAL FAMILY

SYNONYMS

PRIMARY USE

SECTION II

FORMULA

COMPOSITION

SECTION III EMERGENCY OVERVIEW

16961-83-4

I norganic Fluorides

FluorosHicic Acid Hexafluosilicic Acid HFS FSA Auoridation of drinking water

COMPOSITION INFORMATION ON INGREDIENTS

H2SiF6

Hydrofluosilicic Acid 120-25

water 175-80

HAZARD IDENTIFICATION Large doses can cause nausea vomiting diarrhea abdominal buming and cramp-like pains Circulatory respiratory neNOUS complaints and skin rashes may occur Liquid

Health Hazards or vapor also causes severe irritation and bums Which will not be immediately apparent It also causes severe irritation to the lungs nose and throat If swallowed it can cause severe damage to throat and stomach

Physical Hazards Not applicable

Physical Form liquid

Appearance water White to straw yellow liquid

Odor Pungent

Toxicity Not identified as toxic by OSHA

NFPA HAZARD CLASS ~HAZARD CLAS Health 3

I Flammability 0

Instability Special Hazard 1

FlammabHity 1

Physical 2Hanrd

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOSt MOS16961061

POTENTiAl HEALTH EFFECTS

Acute - I Titant Chronic - Degenerative changes in the liver Fluorosis

POTENTIAl ENVIRONMENTAl EFFECTS

None listed

SECTION IV FIRST AID MEASURES

FIRST AID PROCEDURES

Eyes Invnediately flush with plenty of water for at least 15 minutes Get medical attention invnediately

Skin

Invnediately flush with plenty of water Remove contaminated clothing Discard contaminated clothing properly Get medical attention if irritation occurs or persists

Inhated Move to fresh air Administer oxygen Treat symptomatically Get medical attention promptly

Ingestion Give large quantities of water to patient if conscious 00 Not induca vomiting Seek medical attention promptly

NOTE TO PHYSICIAN Not applicable

SECTION V FIRE FIGHTING MEASURES

Flammable Properties

Flash Point Not applicable

Flammability Not applicable

LEUUEL Not applicable

Auto-Ignition Temperature

Not applicable

Extinguishing Media Small fires Water spray foam dry chemical or CO2

Large fires Water spray fog or foam

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOS MOS16961061

Wear selfcontained breathing apparatus with full protective clothing

Protection of Firefighters

Dangerous when heated to decomposition highly toxic and corrosive fumes of fluorides are emitted Will react with water or steam to produce toxic and COITOSive fumes May generate hydrogen in contact with some metals

SECTION VI

RESPONSE TECHNIQUES

ACCIDENTAL RELEASE MEASURES Small spills Contain spill and stop leak if it can be done without risk Use sodium carbonate or a mixture of soda ash and slaked lime sand or noncombustible absorbent material to soak up material Place in DOTmiddotapproved poly container and dispose of properly

Large spills Use same procedure as above Isolate spill area and deny entry Prevent discharge into waterways and sewers Material may be neutralized with sodium carbonate or a mixture of soda ash and slaked lime Contact proper local state or federal regulatory agencies to ascertain proper disposal techniques and procedures

All waste to be collected in a DOTmiddot IPOlY drum for disposal

= SECTION VII

HANDLING

HANDLING AND STORAGE

Avoid contact with eyes skin and clothing Wash thoroughly after handling Maintain proper hygiene practices when handling this product

STORAGE Use DOT-approved poly drum for storage

SECTION VIII EXPOSURE CONTROLS I PERSONAL PROTECTION

ENGINEERING CONTROLS

Eye wash and shaNer stations should be available where acid is being handled

PERSONAl PROTECTIVE EQUIPMENT (PPE)

EyelFace

Skin

Respiratory

Splash proof goggles and fullmiddotface shield should be worn at all times Acid proof gloves headgear protective shoes and clothing should be worn to Drevent contact Use respiratory for 20ppm or less concentration Use a self-contained breathing apparatus for concentrations of greater than 2Oppm

Other None

GENERAL HYGIENE CONSIDERA nONS

Avoid breathing fumes Avoid ingestion Wash thoroughly after handling Avoid contact with eyes or skin Use in adequate ventilation

EXPOSURE GUIDELINES

OSHA Permissible Exposure Limits (PEL) 25mgFm3

ACGIH Threshold Limit Value (TLV) 25 rng Fm3

Status New Issue ~ate February 3 2006 Section(s) Revised NlA MSDS MOS16961061

SECTION IX PHYSICAL AND CHEMICAL PROPERTIES

Note Unless othetWise stated values in this section are determined at 20middotC (68middotF) and 760 mm Hg (1 aim)

Flash Point Not applicable Flammabilityl Explosive Limits ()

Not applicable

Auto-Ignition Temperature

Not applicable

Appearance Water white to straw yellow liquid

Physical State Liquid

Odor Pungent Molecular Weight of Pure Material

14411g1mol

pH 12 Vapor Pressure (mmHg)

Not applicable

Vapor Density (air=1)

Not applicable

Boiling Point 2223 OF

FreezinglMelting Point Not applicable

Solubility in Water Not applicable 100 soluble in water

Specific Gravity 12

Volatility Not applicable

Bulk Density 98 Ibslfemiddot 25 Sol 77DF

SECTION X STABILITY AND REACTIVITY

Chemical Stability Stable

Conditions to Avoid Avoid all heat sources

Incompatible Materials Avoid contact with metals stoneware strong acids and alkalies explosives toxicants readily oxidizable materials alkali metals combustible solids and organic peroxides

Hazardous Decomposition Products

Extreme temperatures such as a fire cause formation of highly toxic and corrosive fumes of fluorides such as SiF and HF Hydrogen gas may be fonned at temperatures above 227DF

Corrosiveness Attacks silica bearing materials metals and stoneware Hazardous Polymerization

Will not occur

Status New Issue Date February 3 2006 Section(s) Revised NA MSDS MOS16961061

SECTION XI TOXICOLOGICAL INFORMATION

Acute Oral Toxicity 430 mgkg oral-rat LD50

Acute Dermal Toxicity 140 mgkg LOLo (Frog)

Mutagenesis No data available

Target Organ No data available

Developmental Toxicity No data available

Carcinogenicity No data available

SECTION XII ECOLOGICAL INFORMATION

ECOTOXfCOLOGY No data available

SECTION XIII DISPOSAL CONSIDERATIONS

Keep in covered DOT-approved poly drums pending disposal Handle and dispose in full compliance with an applicable Intemational Federal State and Local reQulations

SECTION XIV TRANSPORT INFO

Regulatory Status None established

Proper Shipping Name Hydrofluosilicic Acid

Hazard Class Class 8 (corrosive)

Packing Group II

Identification Number UN1778

Guide Number 154

SECTION XV REGULA TORY INFORMATION

CERClA Not Regulated RCRA 26133 Not Regulated

SARA TI11E III Section 302 Not Regulated (ExemptIons at 40 CFR Pan 370 may apply for agricuIIural use or lor quantllies of less

SectIon 304 Not Regulated Section 3111312 Acute and Chronic

than 10000 pounds _lie) Section 313 Not Regulated NTP tARC OSHA Recommended for Study IARC group 3 Not regulated by OSHA

(PSM) Canada OSL and NDSL On Inventory TSCA On Inventory

Status New Issue Date February 3 2006 SectIon(s) Revised NlA MSOS MOS16961061

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS Usted as Fluorosilicic Acid CBSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUED REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMATION THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are fumished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4001shy1998

Note to (if 8IlpicBble)

Status New Issue Date February 3 2006 Section(s) Revised NlA MSDS MOS16961061

I

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS listed as Fluorosilicic Acid CaSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUEO REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMAnoN THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are furnished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4OO1shy1998

Note to __ (d 8pP1icab1ei

Status New Issue Date February 3 2006 Section(s) Revised NJA MSDS MOS16961061

DATE IIlIMIOOIYYY) nleO

IROOIJ(EII 1-113-623-2330

ACORD CERTIFICATE OF LIABILITY INSURANCE I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERllFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR

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If SUBROGATION IS WAIVED subject to the teons and conditions of the poHcy certain policies may require an endorsement A statement on this certificate does not OJOfer rights to the certificate holder in lieu of such endorsement(s)

DISCLAIMER

The Certificate of Insurance on the reverse side of this foon does not constitute a contract between the issuing insurer(s) authorized representative or producer and the certificate holder nor does it affinnatively or negatively amend extend or alter the coverage alforded by the policies listed thereon

ACORD 25 (2001108)

SUPPLEMENT TO CERTIFICATE OF INSURANCE I DATE 11180

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3 Split Delivery Fee (stop charge) 227 deliveries UNIT TOTAL 11000

4 Expediated Delivery UNIT PRICE 92500

APPRO~ATETOTAL TOTAL 50000000

Tenns

Delivery Days

1 20 days

5-6 days

1

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Pennco SAWS Website Napea Chemical Cobull Inc Demandstar OXl UnivarUSA

Page 23: 331 Twisted Wood Dr.coalitionforsafemeters.org/TFSDW/PENNCO_Contract_2010.pdf · At the February 2,2010, meeting of the San Antonio Water System (SAWS) Board of Trustees, you were

210f21

10 SURVIVAL

Any and all representations conditions and warranties made by Contractor under this Contract including without limitation the provisions ofSection lb ie and Id ofthese Insurance Specifications are ofthe essence ofthis Contract and shall survive the execution and delivery of it and all stalernents contained in any document required by SAWS whether delivered at the time ofthe execution or al a later dale shall constitute representations and warranties hereunder

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PENCCO INC Pioneer Engineering Chemical Company

AFFIDAVIT OF COMPLIANCE

This is to certify that the Hydrofluorosilicic Acid supplied by our company meets A WWA Standard B703-00 or the latest revision and is certified to NSFANSI Standard NSF-60

Signature shy

R L Home President

Name and Title ofOfficial

142010

Date

PO BOX 600 bull SAN FELIPE TX 11473

PHONE 919-885-0005 bull 800-864-174~ bull FAX 979-885-3208

INPOPENCCOCON

NSF Certified Products - Public Water Supply Treatment Chemicals Page lof2

NSF

NSF Product and Service Listings

These Listings were Last Updated on Thursday Janulry 14 Z010 at 415 AM Eastern Time Please contact NSF International to confirm the status ofany Listing report errors or make suggestions

Wami NSF is COIIccncd abot fradu 1 d-loIIdilll d iplaUolI ofwcbsik tOIl Ifyou havo relaquorod Ihis listiar in lIrd copy ys rorafirm tllis ccrtlflcatleDilistlac Infonnlion lIy COilli diretlly to hHnllmywnrforclCertlfOCllP1Ch_ibullbullblListilAlpfCOIIIQlnyNme-peDccoamp for tho latest most eatntl ifonnatlon

NSFANSI STANDARD 60 Drinking Water Treatment Chemicalsmiddot Health Effects

----------~-----~

PENCCO INC PO BOX 600 SAN FELIPE TX 77473 800-864-1742 979-885-0005

Facility DISTRIBUTION CENTER - RICHMOND CA

Hydrofluosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid

Product Function Fluoridation Fluoridation

Max Use 6mgIL 6mgIL

Hydrofluosilicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - SOUTH GATE CA

HydrofluosUicir Acid Trade Designation Product FlUlCtion Max Use Fluorosilicic Acid Fluoridation 6mgIL Fluosilicic Acid Fluoridation 6mgIL Hydrofluosiiicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - WILLOW SPRINGS IL

Hydroftuosllicir Arid Trade Designation Product Fll1ICtion Max Use Fluorosilicic Acid Fluoridation 6mgIL F1uosilicic Acid Fluoridation 6mgIL Hydrofluosilicic Acid Fluoridation 6mgIL

httpwwwnsforglCertifiedlPwsChemicalslListingsaspCompanyName=pencooampTrade111412010

NSF Certified Products - Public Water Supply Treatment Chemicals Page 20f2

Facility D1STRI BUTION CENTER - BALTIMORE MD

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Facility DISTRIBUTION CENTER

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Product Function Fluoridation Fluoridation Fluoridation

SEALY TX

Product Function Fluoridation Fluoridation Fluoridation

Facility DISTRIBUTION CENTER - WAXAHACHIE TX

Hydrofluosilicic Acid Trade Designation FLUOROSILICIC ACID FLUOSJLlCJC ACID HYDROFLUOROSILlCJC ACID HYDROFLUOSILICIC ACID

Product Function Fluoridation Fluoridation Fluoridation Fluoridation

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL 6mgIL

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httpwwwnsforglCertifiedlPwsChemicalslListingsaspCompanyName=penccoampTrade114120 10

PENCCO INC Pioneer Engineering Chemical Company

HydrofluorosiIicic Acid Bid QAlQC Info

Pencco meets AWWA Standards and is NSF Certified

Hydrofluorosilicic acid also known as HFS or FSA is a transparent colorless (water white to straw yellow) aqueous solution that is used in a variety of applications including the major end-use water treatment for fluoridation FSA is produced during the concentration of phosphoric acid in an evaporation process unique to the phosphate industry The vapor stream from the phosphoric acid reaction is scrubbed with water to form FSA from the naturally-occurring silica acid The final product is collected stored and tested prior to release for shipment Potential danger of contamination is minimized through compliance with NSF 60 NSF 60 typically checks sourlt)e product and any subsequent transfer before unloading into customer tanks

infopenccoCGm PO Bo 600 S Felipe Tens 77473-0600 9791885-0005 FAX 979f88S310ll

Refer FL-J43 September 2000

THE MANUFACTURE OF THE FLUORIDE CHEMICALS

All ofthe fluoride chemicals used in the US for water fluoridation sodium fluoride sodium fluorosilicate and fluorosilicic acid are useful byproducts of the phosphate fertilizer industry The manufacturing process produces two byproducts (I) a solid calcium sulfate (sheetrock CaS04) and (2) the gases hydrofluoric acid (HF) and silicon tetrafluoride (SiF4) A simplified explanation of the manufacturing process follows Apatite rock a calcium mineral found in central Florida is ground up and treated with sulfuric acid producing phosphoric acid and the two byproducts calcium sulfate and the two gas emissions These gases are captured by product recovery units (scrubbers) and condensed into 23 fluorosilicic acid Sodium fluoride and sodium fluorosilicate are made from this acid

The question of toxicity purity and risk to humans from the addition of fluoride chemicals to the drinking water sometimes arises Almost all of the over 40 water treatment chemicals that may be used at the water plant are toxic to humans in their concentrated form eg chlorine gas and the fluoride chemicals are no exception Added to the drinking water in very small amounts the fluoride chemicals dissociate virtually J 00 into their various components (ions) and are very stable safe and non-toxic

Opponents of water fluoridation have argued that the silicofluorides do not completely dissociate under conditions ofnormal water treatment and thus may cause health problems To counter these claims the basic chemistry of this dissociation has been carefully reviewed Scientists at the US Environmental Protection Agency (EPA) and CDC epidemiologists have examined the research that opponents of water fluoridation cite Both groups have concluded that these charges are not credible

The claim is sometimes made that no health studies exist on the silicofluoride chemicals used in water fluoridation That is correct We the scientific community do not study health effects of concentrated chemicals as put into water we study the health effects ofthe treated water Le what those chemicals become fluoride ion silicates and the hydrogen ion The health effects of fluoride have been analyzed by literally thousands of studies over SO years and have been found to be safe and effective in reducing tooth decay The EPA has not set any Maximum Contaminant Level (MCL) for the silicates as there is no known health concerns for them at the low concentrations found in drinking water Of course the measurement ofthe pH of the water determines the concentration of the hydrogen ion

Concern has been raised about the impurities in the fluoride chemicals The American Water Works Association (A WWA) a well-respected water supply industry association sets standards for all chemicals used in the water treatment plant including fluoride chemicals The A WWA standards are ANSJJ A WWA B701-99 (sodium fluoride) ANSJJ A WWA B702-99 (sodium

fluorosilicate) and ANSIIAWWA B703-00 (fluorosilicic acid) The National Sanitation Foundation (NSF) also sets standards and does product certification for products used in the water industry including fluoride chemicals ANSINSF Standard 60 sets standards for purity and provides testing and certification for the fluoride chemicals Standard 60 was developed by NSF and a consortium of associations including the A WWA and the American National Standards Institute (ANSI) This standard provides for product quality and safety assurance to prevent the addition of harmful levels of contaminants from water treatment chemicals More than 40 states have laws or regulations requiring product compliance with Standard 60 NSF tests the fluoride chemicals for the II regulated metal compounds that have an EPA MCL In order for a product [for example fluorosilicic acid] to meet certification standards regulated metal contaminants must be present at the tap [in the home] at a concentration ofless than ten percent of the MCL when added to drinking water at the recommended maximum use level The EPA has not set any MCL for the silicates as there is no known health concerns but Standard 60 has a Maximum Allowable Level (MAL) of 16 mgIL for sodium silicates as corrosion control agents primarily for turbidity reasons NSF tests have shown the silicates in the water samples from public water systems to be well below these levels

Arsenic according to NSF tests had an average of043 ugIL [parts per billion] in the drinking water attributable to the fluoride chemical Opflow a monthly magazine from the A WWA has found the arsenic level in the finished water from the fluorosilicic acid to be 0245 ugIL [OpflowVol 26 No 10October 2000] The NSF Standard 60 has a Maximum Allowable Level (MAL) of25 ugIL and EPA has a MCL of 50 ugIL although they have proposed to lower their MCL to 5 ugIL As you can see arsenic is less that III Oth ofeven the proposed EPA MCL Finally tests by NSF and other independent testing laboratories have shown no detectable levels

of radionuclides in product samples of fluoride chemicals There is no evidence that any of the known impurities in the fluoride chemicals have failed to meet any of these standards Opponents ofwater fluoridation have sometimes charged that industrial grade fluoride chemicals are used at the water plant instead ofpharmaceutical grade chemicals All the standards of AWWA ANSI and NSF apply to these industrial grade fluoride chemicals to ensure they are safe Phannaceutical grade fluoride compounds are not appropriate for water fluoridation they are used in the formulation of prescription drugs

Finally it is sometimes alleged that the fluoride from natural sources like calcium fluoride is better than fluorides added artificially such as from the fluoride chemicals presently used There is no difference There is no reason to change the opinion of CDC that water fluoridation is safe and effective

Thomas O Reeves PE National Fluoridation Engineer Program Services Branch Division ofOm] Health National Center for Chronic Disease Prevention and Health Promotion Centers for Disease Control and Prevention

2

8813 US Highway 41 South Riverview Florida 33569

EMERGENCY TELEPHONEmiddot CHEMTREC 1-800-424-9300

SECTION I PRODUCT INFORMATION

TRADE NAME Hydrofluosilicic Acid

CHEMICAL NAME I Hydrofluosilicic Acid

CAS NUMBER

CHEMICAL FAMILY

SYNONYMS

PRIMARY USE

SECTION II

FORMULA

COMPOSITION

SECTION III EMERGENCY OVERVIEW

16961-83-4

I norganic Fluorides

FluorosHicic Acid Hexafluosilicic Acid HFS FSA Auoridation of drinking water

COMPOSITION INFORMATION ON INGREDIENTS

H2SiF6

Hydrofluosilicic Acid 120-25

water 175-80

HAZARD IDENTIFICATION Large doses can cause nausea vomiting diarrhea abdominal buming and cramp-like pains Circulatory respiratory neNOUS complaints and skin rashes may occur Liquid

Health Hazards or vapor also causes severe irritation and bums Which will not be immediately apparent It also causes severe irritation to the lungs nose and throat If swallowed it can cause severe damage to throat and stomach

Physical Hazards Not applicable

Physical Form liquid

Appearance water White to straw yellow liquid

Odor Pungent

Toxicity Not identified as toxic by OSHA

NFPA HAZARD CLASS ~HAZARD CLAS Health 3

I Flammability 0

Instability Special Hazard 1

FlammabHity 1

Physical 2Hanrd

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOSt MOS16961061

POTENTiAl HEALTH EFFECTS

Acute - I Titant Chronic - Degenerative changes in the liver Fluorosis

POTENTIAl ENVIRONMENTAl EFFECTS

None listed

SECTION IV FIRST AID MEASURES

FIRST AID PROCEDURES

Eyes Invnediately flush with plenty of water for at least 15 minutes Get medical attention invnediately

Skin

Invnediately flush with plenty of water Remove contaminated clothing Discard contaminated clothing properly Get medical attention if irritation occurs or persists

Inhated Move to fresh air Administer oxygen Treat symptomatically Get medical attention promptly

Ingestion Give large quantities of water to patient if conscious 00 Not induca vomiting Seek medical attention promptly

NOTE TO PHYSICIAN Not applicable

SECTION V FIRE FIGHTING MEASURES

Flammable Properties

Flash Point Not applicable

Flammability Not applicable

LEUUEL Not applicable

Auto-Ignition Temperature

Not applicable

Extinguishing Media Small fires Water spray foam dry chemical or CO2

Large fires Water spray fog or foam

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOS MOS16961061

Wear selfcontained breathing apparatus with full protective clothing

Protection of Firefighters

Dangerous when heated to decomposition highly toxic and corrosive fumes of fluorides are emitted Will react with water or steam to produce toxic and COITOSive fumes May generate hydrogen in contact with some metals

SECTION VI

RESPONSE TECHNIQUES

ACCIDENTAL RELEASE MEASURES Small spills Contain spill and stop leak if it can be done without risk Use sodium carbonate or a mixture of soda ash and slaked lime sand or noncombustible absorbent material to soak up material Place in DOTmiddotapproved poly container and dispose of properly

Large spills Use same procedure as above Isolate spill area and deny entry Prevent discharge into waterways and sewers Material may be neutralized with sodium carbonate or a mixture of soda ash and slaked lime Contact proper local state or federal regulatory agencies to ascertain proper disposal techniques and procedures

All waste to be collected in a DOTmiddot IPOlY drum for disposal

= SECTION VII

HANDLING

HANDLING AND STORAGE

Avoid contact with eyes skin and clothing Wash thoroughly after handling Maintain proper hygiene practices when handling this product

STORAGE Use DOT-approved poly drum for storage

SECTION VIII EXPOSURE CONTROLS I PERSONAL PROTECTION

ENGINEERING CONTROLS

Eye wash and shaNer stations should be available where acid is being handled

PERSONAl PROTECTIVE EQUIPMENT (PPE)

EyelFace

Skin

Respiratory

Splash proof goggles and fullmiddotface shield should be worn at all times Acid proof gloves headgear protective shoes and clothing should be worn to Drevent contact Use respiratory for 20ppm or less concentration Use a self-contained breathing apparatus for concentrations of greater than 2Oppm

Other None

GENERAL HYGIENE CONSIDERA nONS

Avoid breathing fumes Avoid ingestion Wash thoroughly after handling Avoid contact with eyes or skin Use in adequate ventilation

EXPOSURE GUIDELINES

OSHA Permissible Exposure Limits (PEL) 25mgFm3

ACGIH Threshold Limit Value (TLV) 25 rng Fm3

Status New Issue ~ate February 3 2006 Section(s) Revised NlA MSDS MOS16961061

SECTION IX PHYSICAL AND CHEMICAL PROPERTIES

Note Unless othetWise stated values in this section are determined at 20middotC (68middotF) and 760 mm Hg (1 aim)

Flash Point Not applicable Flammabilityl Explosive Limits ()

Not applicable

Auto-Ignition Temperature

Not applicable

Appearance Water white to straw yellow liquid

Physical State Liquid

Odor Pungent Molecular Weight of Pure Material

14411g1mol

pH 12 Vapor Pressure (mmHg)

Not applicable

Vapor Density (air=1)

Not applicable

Boiling Point 2223 OF

FreezinglMelting Point Not applicable

Solubility in Water Not applicable 100 soluble in water

Specific Gravity 12

Volatility Not applicable

Bulk Density 98 Ibslfemiddot 25 Sol 77DF

SECTION X STABILITY AND REACTIVITY

Chemical Stability Stable

Conditions to Avoid Avoid all heat sources

Incompatible Materials Avoid contact with metals stoneware strong acids and alkalies explosives toxicants readily oxidizable materials alkali metals combustible solids and organic peroxides

Hazardous Decomposition Products

Extreme temperatures such as a fire cause formation of highly toxic and corrosive fumes of fluorides such as SiF and HF Hydrogen gas may be fonned at temperatures above 227DF

Corrosiveness Attacks silica bearing materials metals and stoneware Hazardous Polymerization

Will not occur

Status New Issue Date February 3 2006 Section(s) Revised NA MSDS MOS16961061

SECTION XI TOXICOLOGICAL INFORMATION

Acute Oral Toxicity 430 mgkg oral-rat LD50

Acute Dermal Toxicity 140 mgkg LOLo (Frog)

Mutagenesis No data available

Target Organ No data available

Developmental Toxicity No data available

Carcinogenicity No data available

SECTION XII ECOLOGICAL INFORMATION

ECOTOXfCOLOGY No data available

SECTION XIII DISPOSAL CONSIDERATIONS

Keep in covered DOT-approved poly drums pending disposal Handle and dispose in full compliance with an applicable Intemational Federal State and Local reQulations

SECTION XIV TRANSPORT INFO

Regulatory Status None established

Proper Shipping Name Hydrofluosilicic Acid

Hazard Class Class 8 (corrosive)

Packing Group II

Identification Number UN1778

Guide Number 154

SECTION XV REGULA TORY INFORMATION

CERClA Not Regulated RCRA 26133 Not Regulated

SARA TI11E III Section 302 Not Regulated (ExemptIons at 40 CFR Pan 370 may apply for agricuIIural use or lor quantllies of less

SectIon 304 Not Regulated Section 3111312 Acute and Chronic

than 10000 pounds _lie) Section 313 Not Regulated NTP tARC OSHA Recommended for Study IARC group 3 Not regulated by OSHA

(PSM) Canada OSL and NDSL On Inventory TSCA On Inventory

Status New Issue Date February 3 2006 SectIon(s) Revised NlA MSOS MOS16961061

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS Usted as Fluorosilicic Acid CBSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUED REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMATION THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are fumished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4001shy1998

Note to (if 8IlpicBble)

Status New Issue Date February 3 2006 Section(s) Revised NlA MSDS MOS16961061

I

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS listed as Fluorosilicic Acid CaSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUEO REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMAnoN THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are furnished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4OO1shy1998

Note to __ (d 8pP1icab1ei

Status New Issue Date February 3 2006 Section(s) Revised NJA MSDS MOS16961061

DATE IIlIMIOOIYYY) nleO

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If SUBROGATION IS WAIVED subject to the teons and conditions of the poHcy certain policies may require an endorsement A statement on this certificate does not OJOfer rights to the certificate holder in lieu of such endorsement(s)

DISCLAIMER

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ACORD 25 (2001108)

SUPPLEMENT TO CERTIFICATE OF INSURANCE I DATE 11180

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AFFIDAVIT OF COMPLIANCE

This is to certify that the Hydrofluorosilicic Acid supplied by our company meets A WWA Standard B703-00 or the latest revision and is certified to NSFANSI Standard NSF-60

Signature shy

R L Home President

Name and Title ofOfficial

142010

Date

PO BOX 600 bull SAN FELIPE TX 11473

PHONE 919-885-0005 bull 800-864-174~ bull FAX 979-885-3208

INPOPENCCOCON

NSF Certified Products - Public Water Supply Treatment Chemicals Page lof2

NSF

NSF Product and Service Listings

These Listings were Last Updated on Thursday Janulry 14 Z010 at 415 AM Eastern Time Please contact NSF International to confirm the status ofany Listing report errors or make suggestions

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NSFANSI STANDARD 60 Drinking Water Treatment Chemicalsmiddot Health Effects

----------~-----~

PENCCO INC PO BOX 600 SAN FELIPE TX 77473 800-864-1742 979-885-0005

Facility DISTRIBUTION CENTER - RICHMOND CA

Hydrofluosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid

Product Function Fluoridation Fluoridation

Max Use 6mgIL 6mgIL

Hydrofluosilicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - SOUTH GATE CA

HydrofluosUicir Acid Trade Designation Product FlUlCtion Max Use Fluorosilicic Acid Fluoridation 6mgIL Fluosilicic Acid Fluoridation 6mgIL Hydrofluosiiicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - WILLOW SPRINGS IL

Hydroftuosllicir Arid Trade Designation Product Fll1ICtion Max Use Fluorosilicic Acid Fluoridation 6mgIL F1uosilicic Acid Fluoridation 6mgIL Hydrofluosilicic Acid Fluoridation 6mgIL

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Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Facility DISTRIBUTION CENTER

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Product Function Fluoridation Fluoridation Fluoridation

SEALY TX

Product Function Fluoridation Fluoridation Fluoridation

Facility DISTRIBUTION CENTER - WAXAHACHIE TX

Hydrofluosilicic Acid Trade Designation FLUOROSILICIC ACID FLUOSJLlCJC ACID HYDROFLUOROSILlCJC ACID HYDROFLUOSILICIC ACID

Product Function Fluoridation Fluoridation Fluoridation Fluoridation

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL 6mgIL

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PENCCO INC Pioneer Engineering Chemical Company

HydrofluorosiIicic Acid Bid QAlQC Info

Pencco meets AWWA Standards and is NSF Certified

Hydrofluorosilicic acid also known as HFS or FSA is a transparent colorless (water white to straw yellow) aqueous solution that is used in a variety of applications including the major end-use water treatment for fluoridation FSA is produced during the concentration of phosphoric acid in an evaporation process unique to the phosphate industry The vapor stream from the phosphoric acid reaction is scrubbed with water to form FSA from the naturally-occurring silica acid The final product is collected stored and tested prior to release for shipment Potential danger of contamination is minimized through compliance with NSF 60 NSF 60 typically checks sourlt)e product and any subsequent transfer before unloading into customer tanks

infopenccoCGm PO Bo 600 S Felipe Tens 77473-0600 9791885-0005 FAX 979f88S310ll

Refer FL-J43 September 2000

THE MANUFACTURE OF THE FLUORIDE CHEMICALS

All ofthe fluoride chemicals used in the US for water fluoridation sodium fluoride sodium fluorosilicate and fluorosilicic acid are useful byproducts of the phosphate fertilizer industry The manufacturing process produces two byproducts (I) a solid calcium sulfate (sheetrock CaS04) and (2) the gases hydrofluoric acid (HF) and silicon tetrafluoride (SiF4) A simplified explanation of the manufacturing process follows Apatite rock a calcium mineral found in central Florida is ground up and treated with sulfuric acid producing phosphoric acid and the two byproducts calcium sulfate and the two gas emissions These gases are captured by product recovery units (scrubbers) and condensed into 23 fluorosilicic acid Sodium fluoride and sodium fluorosilicate are made from this acid

The question of toxicity purity and risk to humans from the addition of fluoride chemicals to the drinking water sometimes arises Almost all of the over 40 water treatment chemicals that may be used at the water plant are toxic to humans in their concentrated form eg chlorine gas and the fluoride chemicals are no exception Added to the drinking water in very small amounts the fluoride chemicals dissociate virtually J 00 into their various components (ions) and are very stable safe and non-toxic

Opponents of water fluoridation have argued that the silicofluorides do not completely dissociate under conditions ofnormal water treatment and thus may cause health problems To counter these claims the basic chemistry of this dissociation has been carefully reviewed Scientists at the US Environmental Protection Agency (EPA) and CDC epidemiologists have examined the research that opponents of water fluoridation cite Both groups have concluded that these charges are not credible

The claim is sometimes made that no health studies exist on the silicofluoride chemicals used in water fluoridation That is correct We the scientific community do not study health effects of concentrated chemicals as put into water we study the health effects ofthe treated water Le what those chemicals become fluoride ion silicates and the hydrogen ion The health effects of fluoride have been analyzed by literally thousands of studies over SO years and have been found to be safe and effective in reducing tooth decay The EPA has not set any Maximum Contaminant Level (MCL) for the silicates as there is no known health concerns for them at the low concentrations found in drinking water Of course the measurement ofthe pH of the water determines the concentration of the hydrogen ion

Concern has been raised about the impurities in the fluoride chemicals The American Water Works Association (A WWA) a well-respected water supply industry association sets standards for all chemicals used in the water treatment plant including fluoride chemicals The A WWA standards are ANSJJ A WWA B701-99 (sodium fluoride) ANSJJ A WWA B702-99 (sodium

fluorosilicate) and ANSIIAWWA B703-00 (fluorosilicic acid) The National Sanitation Foundation (NSF) also sets standards and does product certification for products used in the water industry including fluoride chemicals ANSINSF Standard 60 sets standards for purity and provides testing and certification for the fluoride chemicals Standard 60 was developed by NSF and a consortium of associations including the A WWA and the American National Standards Institute (ANSI) This standard provides for product quality and safety assurance to prevent the addition of harmful levels of contaminants from water treatment chemicals More than 40 states have laws or regulations requiring product compliance with Standard 60 NSF tests the fluoride chemicals for the II regulated metal compounds that have an EPA MCL In order for a product [for example fluorosilicic acid] to meet certification standards regulated metal contaminants must be present at the tap [in the home] at a concentration ofless than ten percent of the MCL when added to drinking water at the recommended maximum use level The EPA has not set any MCL for the silicates as there is no known health concerns but Standard 60 has a Maximum Allowable Level (MAL) of 16 mgIL for sodium silicates as corrosion control agents primarily for turbidity reasons NSF tests have shown the silicates in the water samples from public water systems to be well below these levels

Arsenic according to NSF tests had an average of043 ugIL [parts per billion] in the drinking water attributable to the fluoride chemical Opflow a monthly magazine from the A WWA has found the arsenic level in the finished water from the fluorosilicic acid to be 0245 ugIL [OpflowVol 26 No 10October 2000] The NSF Standard 60 has a Maximum Allowable Level (MAL) of25 ugIL and EPA has a MCL of 50 ugIL although they have proposed to lower their MCL to 5 ugIL As you can see arsenic is less that III Oth ofeven the proposed EPA MCL Finally tests by NSF and other independent testing laboratories have shown no detectable levels

of radionuclides in product samples of fluoride chemicals There is no evidence that any of the known impurities in the fluoride chemicals have failed to meet any of these standards Opponents ofwater fluoridation have sometimes charged that industrial grade fluoride chemicals are used at the water plant instead ofpharmaceutical grade chemicals All the standards of AWWA ANSI and NSF apply to these industrial grade fluoride chemicals to ensure they are safe Phannaceutical grade fluoride compounds are not appropriate for water fluoridation they are used in the formulation of prescription drugs

Finally it is sometimes alleged that the fluoride from natural sources like calcium fluoride is better than fluorides added artificially such as from the fluoride chemicals presently used There is no difference There is no reason to change the opinion of CDC that water fluoridation is safe and effective

Thomas O Reeves PE National Fluoridation Engineer Program Services Branch Division ofOm] Health National Center for Chronic Disease Prevention and Health Promotion Centers for Disease Control and Prevention

2

8813 US Highway 41 South Riverview Florida 33569

EMERGENCY TELEPHONEmiddot CHEMTREC 1-800-424-9300

SECTION I PRODUCT INFORMATION

TRADE NAME Hydrofluosilicic Acid

CHEMICAL NAME I Hydrofluosilicic Acid

CAS NUMBER

CHEMICAL FAMILY

SYNONYMS

PRIMARY USE

SECTION II

FORMULA

COMPOSITION

SECTION III EMERGENCY OVERVIEW

16961-83-4

I norganic Fluorides

FluorosHicic Acid Hexafluosilicic Acid HFS FSA Auoridation of drinking water

COMPOSITION INFORMATION ON INGREDIENTS

H2SiF6

Hydrofluosilicic Acid 120-25

water 175-80

HAZARD IDENTIFICATION Large doses can cause nausea vomiting diarrhea abdominal buming and cramp-like pains Circulatory respiratory neNOUS complaints and skin rashes may occur Liquid

Health Hazards or vapor also causes severe irritation and bums Which will not be immediately apparent It also causes severe irritation to the lungs nose and throat If swallowed it can cause severe damage to throat and stomach

Physical Hazards Not applicable

Physical Form liquid

Appearance water White to straw yellow liquid

Odor Pungent

Toxicity Not identified as toxic by OSHA

NFPA HAZARD CLASS ~HAZARD CLAS Health 3

I Flammability 0

Instability Special Hazard 1

FlammabHity 1

Physical 2Hanrd

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOSt MOS16961061

POTENTiAl HEALTH EFFECTS

Acute - I Titant Chronic - Degenerative changes in the liver Fluorosis

POTENTIAl ENVIRONMENTAl EFFECTS

None listed

SECTION IV FIRST AID MEASURES

FIRST AID PROCEDURES

Eyes Invnediately flush with plenty of water for at least 15 minutes Get medical attention invnediately

Skin

Invnediately flush with plenty of water Remove contaminated clothing Discard contaminated clothing properly Get medical attention if irritation occurs or persists

Inhated Move to fresh air Administer oxygen Treat symptomatically Get medical attention promptly

Ingestion Give large quantities of water to patient if conscious 00 Not induca vomiting Seek medical attention promptly

NOTE TO PHYSICIAN Not applicable

SECTION V FIRE FIGHTING MEASURES

Flammable Properties

Flash Point Not applicable

Flammability Not applicable

LEUUEL Not applicable

Auto-Ignition Temperature

Not applicable

Extinguishing Media Small fires Water spray foam dry chemical or CO2

Large fires Water spray fog or foam

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOS MOS16961061

Wear selfcontained breathing apparatus with full protective clothing

Protection of Firefighters

Dangerous when heated to decomposition highly toxic and corrosive fumes of fluorides are emitted Will react with water or steam to produce toxic and COITOSive fumes May generate hydrogen in contact with some metals

SECTION VI

RESPONSE TECHNIQUES

ACCIDENTAL RELEASE MEASURES Small spills Contain spill and stop leak if it can be done without risk Use sodium carbonate or a mixture of soda ash and slaked lime sand or noncombustible absorbent material to soak up material Place in DOTmiddotapproved poly container and dispose of properly

Large spills Use same procedure as above Isolate spill area and deny entry Prevent discharge into waterways and sewers Material may be neutralized with sodium carbonate or a mixture of soda ash and slaked lime Contact proper local state or federal regulatory agencies to ascertain proper disposal techniques and procedures

All waste to be collected in a DOTmiddot IPOlY drum for disposal

= SECTION VII

HANDLING

HANDLING AND STORAGE

Avoid contact with eyes skin and clothing Wash thoroughly after handling Maintain proper hygiene practices when handling this product

STORAGE Use DOT-approved poly drum for storage

SECTION VIII EXPOSURE CONTROLS I PERSONAL PROTECTION

ENGINEERING CONTROLS

Eye wash and shaNer stations should be available where acid is being handled

PERSONAl PROTECTIVE EQUIPMENT (PPE)

EyelFace

Skin

Respiratory

Splash proof goggles and fullmiddotface shield should be worn at all times Acid proof gloves headgear protective shoes and clothing should be worn to Drevent contact Use respiratory for 20ppm or less concentration Use a self-contained breathing apparatus for concentrations of greater than 2Oppm

Other None

GENERAL HYGIENE CONSIDERA nONS

Avoid breathing fumes Avoid ingestion Wash thoroughly after handling Avoid contact with eyes or skin Use in adequate ventilation

EXPOSURE GUIDELINES

OSHA Permissible Exposure Limits (PEL) 25mgFm3

ACGIH Threshold Limit Value (TLV) 25 rng Fm3

Status New Issue ~ate February 3 2006 Section(s) Revised NlA MSDS MOS16961061

SECTION IX PHYSICAL AND CHEMICAL PROPERTIES

Note Unless othetWise stated values in this section are determined at 20middotC (68middotF) and 760 mm Hg (1 aim)

Flash Point Not applicable Flammabilityl Explosive Limits ()

Not applicable

Auto-Ignition Temperature

Not applicable

Appearance Water white to straw yellow liquid

Physical State Liquid

Odor Pungent Molecular Weight of Pure Material

14411g1mol

pH 12 Vapor Pressure (mmHg)

Not applicable

Vapor Density (air=1)

Not applicable

Boiling Point 2223 OF

FreezinglMelting Point Not applicable

Solubility in Water Not applicable 100 soluble in water

Specific Gravity 12

Volatility Not applicable

Bulk Density 98 Ibslfemiddot 25 Sol 77DF

SECTION X STABILITY AND REACTIVITY

Chemical Stability Stable

Conditions to Avoid Avoid all heat sources

Incompatible Materials Avoid contact with metals stoneware strong acids and alkalies explosives toxicants readily oxidizable materials alkali metals combustible solids and organic peroxides

Hazardous Decomposition Products

Extreme temperatures such as a fire cause formation of highly toxic and corrosive fumes of fluorides such as SiF and HF Hydrogen gas may be fonned at temperatures above 227DF

Corrosiveness Attacks silica bearing materials metals and stoneware Hazardous Polymerization

Will not occur

Status New Issue Date February 3 2006 Section(s) Revised NA MSDS MOS16961061

SECTION XI TOXICOLOGICAL INFORMATION

Acute Oral Toxicity 430 mgkg oral-rat LD50

Acute Dermal Toxicity 140 mgkg LOLo (Frog)

Mutagenesis No data available

Target Organ No data available

Developmental Toxicity No data available

Carcinogenicity No data available

SECTION XII ECOLOGICAL INFORMATION

ECOTOXfCOLOGY No data available

SECTION XIII DISPOSAL CONSIDERATIONS

Keep in covered DOT-approved poly drums pending disposal Handle and dispose in full compliance with an applicable Intemational Federal State and Local reQulations

SECTION XIV TRANSPORT INFO

Regulatory Status None established

Proper Shipping Name Hydrofluosilicic Acid

Hazard Class Class 8 (corrosive)

Packing Group II

Identification Number UN1778

Guide Number 154

SECTION XV REGULA TORY INFORMATION

CERClA Not Regulated RCRA 26133 Not Regulated

SARA TI11E III Section 302 Not Regulated (ExemptIons at 40 CFR Pan 370 may apply for agricuIIural use or lor quantllies of less

SectIon 304 Not Regulated Section 3111312 Acute and Chronic

than 10000 pounds _lie) Section 313 Not Regulated NTP tARC OSHA Recommended for Study IARC group 3 Not regulated by OSHA

(PSM) Canada OSL and NDSL On Inventory TSCA On Inventory

Status New Issue Date February 3 2006 SectIon(s) Revised NlA MSOS MOS16961061

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS Usted as Fluorosilicic Acid CBSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUED REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMATION THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are fumished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4001shy1998

Note to (if 8IlpicBble)

Status New Issue Date February 3 2006 Section(s) Revised NlA MSDS MOS16961061

I

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS listed as Fluorosilicic Acid CaSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUEO REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMAnoN THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are furnished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4OO1shy1998

Note to __ (d 8pP1icab1ei

Status New Issue Date February 3 2006 Section(s) Revised NJA MSDS MOS16961061

DATE IIlIMIOOIYYY) nleO

IROOIJ(EII 1-113-623-2330

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If SUBROGATION IS WAIVED subject to the teons and conditions of the poHcy certain policies may require an endorsement A statement on this certificate does not OJOfer rights to the certificate holder in lieu of such endorsement(s)

DISCLAIMER

The Certificate of Insurance on the reverse side of this foon does not constitute a contract between the issuing insurer(s) authorized representative or producer and the certificate holder nor does it affinnatively or negatively amend extend or alter the coverage alforded by the policies listed thereon

ACORD 25 (2001108)

SUPPLEMENT TO CERTIFICATE OF INSURANCE I DATE 11180

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4 Expediated Delivery UNIT PRICE 92500

APPRO~ATETOTAL TOTAL 50000000

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BID INVITAnONS WERE MAUD TO ANDOR PICKED UP BY

Pennco SAWS Website Napea Chemical Cobull Inc Demandstar OXl UnivarUSA

Page 25: 331 Twisted Wood Dr.coalitionforsafemeters.org/TFSDW/PENNCO_Contract_2010.pdf · At the February 2,2010, meeting of the San Antonio Water System (SAWS) Board of Trustees, you were

PENCCO INC Pioneer Engineering Chemical Company

AFFIDAVIT OF COMPLIANCE

This is to certify that the Hydrofluorosilicic Acid supplied by our company meets A WWA Standard B703-00 or the latest revision and is certified to NSFANSI Standard NSF-60

Signature shy

R L Home President

Name and Title ofOfficial

142010

Date

PO BOX 600 bull SAN FELIPE TX 11473

PHONE 919-885-0005 bull 800-864-174~ bull FAX 979-885-3208

INPOPENCCOCON

NSF Certified Products - Public Water Supply Treatment Chemicals Page lof2

NSF

NSF Product and Service Listings

These Listings were Last Updated on Thursday Janulry 14 Z010 at 415 AM Eastern Time Please contact NSF International to confirm the status ofany Listing report errors or make suggestions

Wami NSF is COIIccncd abot fradu 1 d-loIIdilll d iplaUolI ofwcbsik tOIl Ifyou havo relaquorod Ihis listiar in lIrd copy ys rorafirm tllis ccrtlflcatleDilistlac Infonnlion lIy COilli diretlly to hHnllmywnrforclCertlfOCllP1Ch_ibullbullblListilAlpfCOIIIQlnyNme-peDccoamp for tho latest most eatntl ifonnatlon

NSFANSI STANDARD 60 Drinking Water Treatment Chemicalsmiddot Health Effects

----------~-----~

PENCCO INC PO BOX 600 SAN FELIPE TX 77473 800-864-1742 979-885-0005

Facility DISTRIBUTION CENTER - RICHMOND CA

Hydrofluosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid

Product Function Fluoridation Fluoridation

Max Use 6mgIL 6mgIL

Hydrofluosilicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - SOUTH GATE CA

HydrofluosUicir Acid Trade Designation Product FlUlCtion Max Use Fluorosilicic Acid Fluoridation 6mgIL Fluosilicic Acid Fluoridation 6mgIL Hydrofluosiiicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - WILLOW SPRINGS IL

Hydroftuosllicir Arid Trade Designation Product Fll1ICtion Max Use Fluorosilicic Acid Fluoridation 6mgIL F1uosilicic Acid Fluoridation 6mgIL Hydrofluosilicic Acid Fluoridation 6mgIL

httpwwwnsforglCertifiedlPwsChemicalslListingsaspCompanyName=pencooampTrade111412010

NSF Certified Products - Public Water Supply Treatment Chemicals Page 20f2

Facility D1STRI BUTION CENTER - BALTIMORE MD

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Facility DISTRIBUTION CENTER

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Product Function Fluoridation Fluoridation Fluoridation

SEALY TX

Product Function Fluoridation Fluoridation Fluoridation

Facility DISTRIBUTION CENTER - WAXAHACHIE TX

Hydrofluosilicic Acid Trade Designation FLUOROSILICIC ACID FLUOSJLlCJC ACID HYDROFLUOROSILlCJC ACID HYDROFLUOSILICIC ACID

Product Function Fluoridation Fluoridation Fluoridation Fluoridation

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL 6mgIL

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PENCCO INC Pioneer Engineering Chemical Company

HydrofluorosiIicic Acid Bid QAlQC Info

Pencco meets AWWA Standards and is NSF Certified

Hydrofluorosilicic acid also known as HFS or FSA is a transparent colorless (water white to straw yellow) aqueous solution that is used in a variety of applications including the major end-use water treatment for fluoridation FSA is produced during the concentration of phosphoric acid in an evaporation process unique to the phosphate industry The vapor stream from the phosphoric acid reaction is scrubbed with water to form FSA from the naturally-occurring silica acid The final product is collected stored and tested prior to release for shipment Potential danger of contamination is minimized through compliance with NSF 60 NSF 60 typically checks sourlt)e product and any subsequent transfer before unloading into customer tanks

infopenccoCGm PO Bo 600 S Felipe Tens 77473-0600 9791885-0005 FAX 979f88S310ll

Refer FL-J43 September 2000

THE MANUFACTURE OF THE FLUORIDE CHEMICALS

All ofthe fluoride chemicals used in the US for water fluoridation sodium fluoride sodium fluorosilicate and fluorosilicic acid are useful byproducts of the phosphate fertilizer industry The manufacturing process produces two byproducts (I) a solid calcium sulfate (sheetrock CaS04) and (2) the gases hydrofluoric acid (HF) and silicon tetrafluoride (SiF4) A simplified explanation of the manufacturing process follows Apatite rock a calcium mineral found in central Florida is ground up and treated with sulfuric acid producing phosphoric acid and the two byproducts calcium sulfate and the two gas emissions These gases are captured by product recovery units (scrubbers) and condensed into 23 fluorosilicic acid Sodium fluoride and sodium fluorosilicate are made from this acid

The question of toxicity purity and risk to humans from the addition of fluoride chemicals to the drinking water sometimes arises Almost all of the over 40 water treatment chemicals that may be used at the water plant are toxic to humans in their concentrated form eg chlorine gas and the fluoride chemicals are no exception Added to the drinking water in very small amounts the fluoride chemicals dissociate virtually J 00 into their various components (ions) and are very stable safe and non-toxic

Opponents of water fluoridation have argued that the silicofluorides do not completely dissociate under conditions ofnormal water treatment and thus may cause health problems To counter these claims the basic chemistry of this dissociation has been carefully reviewed Scientists at the US Environmental Protection Agency (EPA) and CDC epidemiologists have examined the research that opponents of water fluoridation cite Both groups have concluded that these charges are not credible

The claim is sometimes made that no health studies exist on the silicofluoride chemicals used in water fluoridation That is correct We the scientific community do not study health effects of concentrated chemicals as put into water we study the health effects ofthe treated water Le what those chemicals become fluoride ion silicates and the hydrogen ion The health effects of fluoride have been analyzed by literally thousands of studies over SO years and have been found to be safe and effective in reducing tooth decay The EPA has not set any Maximum Contaminant Level (MCL) for the silicates as there is no known health concerns for them at the low concentrations found in drinking water Of course the measurement ofthe pH of the water determines the concentration of the hydrogen ion

Concern has been raised about the impurities in the fluoride chemicals The American Water Works Association (A WWA) a well-respected water supply industry association sets standards for all chemicals used in the water treatment plant including fluoride chemicals The A WWA standards are ANSJJ A WWA B701-99 (sodium fluoride) ANSJJ A WWA B702-99 (sodium

fluorosilicate) and ANSIIAWWA B703-00 (fluorosilicic acid) The National Sanitation Foundation (NSF) also sets standards and does product certification for products used in the water industry including fluoride chemicals ANSINSF Standard 60 sets standards for purity and provides testing and certification for the fluoride chemicals Standard 60 was developed by NSF and a consortium of associations including the A WWA and the American National Standards Institute (ANSI) This standard provides for product quality and safety assurance to prevent the addition of harmful levels of contaminants from water treatment chemicals More than 40 states have laws or regulations requiring product compliance with Standard 60 NSF tests the fluoride chemicals for the II regulated metal compounds that have an EPA MCL In order for a product [for example fluorosilicic acid] to meet certification standards regulated metal contaminants must be present at the tap [in the home] at a concentration ofless than ten percent of the MCL when added to drinking water at the recommended maximum use level The EPA has not set any MCL for the silicates as there is no known health concerns but Standard 60 has a Maximum Allowable Level (MAL) of 16 mgIL for sodium silicates as corrosion control agents primarily for turbidity reasons NSF tests have shown the silicates in the water samples from public water systems to be well below these levels

Arsenic according to NSF tests had an average of043 ugIL [parts per billion] in the drinking water attributable to the fluoride chemical Opflow a monthly magazine from the A WWA has found the arsenic level in the finished water from the fluorosilicic acid to be 0245 ugIL [OpflowVol 26 No 10October 2000] The NSF Standard 60 has a Maximum Allowable Level (MAL) of25 ugIL and EPA has a MCL of 50 ugIL although they have proposed to lower their MCL to 5 ugIL As you can see arsenic is less that III Oth ofeven the proposed EPA MCL Finally tests by NSF and other independent testing laboratories have shown no detectable levels

of radionuclides in product samples of fluoride chemicals There is no evidence that any of the known impurities in the fluoride chemicals have failed to meet any of these standards Opponents ofwater fluoridation have sometimes charged that industrial grade fluoride chemicals are used at the water plant instead ofpharmaceutical grade chemicals All the standards of AWWA ANSI and NSF apply to these industrial grade fluoride chemicals to ensure they are safe Phannaceutical grade fluoride compounds are not appropriate for water fluoridation they are used in the formulation of prescription drugs

Finally it is sometimes alleged that the fluoride from natural sources like calcium fluoride is better than fluorides added artificially such as from the fluoride chemicals presently used There is no difference There is no reason to change the opinion of CDC that water fluoridation is safe and effective

Thomas O Reeves PE National Fluoridation Engineer Program Services Branch Division ofOm] Health National Center for Chronic Disease Prevention and Health Promotion Centers for Disease Control and Prevention

2

8813 US Highway 41 South Riverview Florida 33569

EMERGENCY TELEPHONEmiddot CHEMTREC 1-800-424-9300

SECTION I PRODUCT INFORMATION

TRADE NAME Hydrofluosilicic Acid

CHEMICAL NAME I Hydrofluosilicic Acid

CAS NUMBER

CHEMICAL FAMILY

SYNONYMS

PRIMARY USE

SECTION II

FORMULA

COMPOSITION

SECTION III EMERGENCY OVERVIEW

16961-83-4

I norganic Fluorides

FluorosHicic Acid Hexafluosilicic Acid HFS FSA Auoridation of drinking water

COMPOSITION INFORMATION ON INGREDIENTS

H2SiF6

Hydrofluosilicic Acid 120-25

water 175-80

HAZARD IDENTIFICATION Large doses can cause nausea vomiting diarrhea abdominal buming and cramp-like pains Circulatory respiratory neNOUS complaints and skin rashes may occur Liquid

Health Hazards or vapor also causes severe irritation and bums Which will not be immediately apparent It also causes severe irritation to the lungs nose and throat If swallowed it can cause severe damage to throat and stomach

Physical Hazards Not applicable

Physical Form liquid

Appearance water White to straw yellow liquid

Odor Pungent

Toxicity Not identified as toxic by OSHA

NFPA HAZARD CLASS ~HAZARD CLAS Health 3

I Flammability 0

Instability Special Hazard 1

FlammabHity 1

Physical 2Hanrd

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOSt MOS16961061

POTENTiAl HEALTH EFFECTS

Acute - I Titant Chronic - Degenerative changes in the liver Fluorosis

POTENTIAl ENVIRONMENTAl EFFECTS

None listed

SECTION IV FIRST AID MEASURES

FIRST AID PROCEDURES

Eyes Invnediately flush with plenty of water for at least 15 minutes Get medical attention invnediately

Skin

Invnediately flush with plenty of water Remove contaminated clothing Discard contaminated clothing properly Get medical attention if irritation occurs or persists

Inhated Move to fresh air Administer oxygen Treat symptomatically Get medical attention promptly

Ingestion Give large quantities of water to patient if conscious 00 Not induca vomiting Seek medical attention promptly

NOTE TO PHYSICIAN Not applicable

SECTION V FIRE FIGHTING MEASURES

Flammable Properties

Flash Point Not applicable

Flammability Not applicable

LEUUEL Not applicable

Auto-Ignition Temperature

Not applicable

Extinguishing Media Small fires Water spray foam dry chemical or CO2

Large fires Water spray fog or foam

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOS MOS16961061

Wear selfcontained breathing apparatus with full protective clothing

Protection of Firefighters

Dangerous when heated to decomposition highly toxic and corrosive fumes of fluorides are emitted Will react with water or steam to produce toxic and COITOSive fumes May generate hydrogen in contact with some metals

SECTION VI

RESPONSE TECHNIQUES

ACCIDENTAL RELEASE MEASURES Small spills Contain spill and stop leak if it can be done without risk Use sodium carbonate or a mixture of soda ash and slaked lime sand or noncombustible absorbent material to soak up material Place in DOTmiddotapproved poly container and dispose of properly

Large spills Use same procedure as above Isolate spill area and deny entry Prevent discharge into waterways and sewers Material may be neutralized with sodium carbonate or a mixture of soda ash and slaked lime Contact proper local state or federal regulatory agencies to ascertain proper disposal techniques and procedures

All waste to be collected in a DOTmiddot IPOlY drum for disposal

= SECTION VII

HANDLING

HANDLING AND STORAGE

Avoid contact with eyes skin and clothing Wash thoroughly after handling Maintain proper hygiene practices when handling this product

STORAGE Use DOT-approved poly drum for storage

SECTION VIII EXPOSURE CONTROLS I PERSONAL PROTECTION

ENGINEERING CONTROLS

Eye wash and shaNer stations should be available where acid is being handled

PERSONAl PROTECTIVE EQUIPMENT (PPE)

EyelFace

Skin

Respiratory

Splash proof goggles and fullmiddotface shield should be worn at all times Acid proof gloves headgear protective shoes and clothing should be worn to Drevent contact Use respiratory for 20ppm or less concentration Use a self-contained breathing apparatus for concentrations of greater than 2Oppm

Other None

GENERAL HYGIENE CONSIDERA nONS

Avoid breathing fumes Avoid ingestion Wash thoroughly after handling Avoid contact with eyes or skin Use in adequate ventilation

EXPOSURE GUIDELINES

OSHA Permissible Exposure Limits (PEL) 25mgFm3

ACGIH Threshold Limit Value (TLV) 25 rng Fm3

Status New Issue ~ate February 3 2006 Section(s) Revised NlA MSDS MOS16961061

SECTION IX PHYSICAL AND CHEMICAL PROPERTIES

Note Unless othetWise stated values in this section are determined at 20middotC (68middotF) and 760 mm Hg (1 aim)

Flash Point Not applicable Flammabilityl Explosive Limits ()

Not applicable

Auto-Ignition Temperature

Not applicable

Appearance Water white to straw yellow liquid

Physical State Liquid

Odor Pungent Molecular Weight of Pure Material

14411g1mol

pH 12 Vapor Pressure (mmHg)

Not applicable

Vapor Density (air=1)

Not applicable

Boiling Point 2223 OF

FreezinglMelting Point Not applicable

Solubility in Water Not applicable 100 soluble in water

Specific Gravity 12

Volatility Not applicable

Bulk Density 98 Ibslfemiddot 25 Sol 77DF

SECTION X STABILITY AND REACTIVITY

Chemical Stability Stable

Conditions to Avoid Avoid all heat sources

Incompatible Materials Avoid contact with metals stoneware strong acids and alkalies explosives toxicants readily oxidizable materials alkali metals combustible solids and organic peroxides

Hazardous Decomposition Products

Extreme temperatures such as a fire cause formation of highly toxic and corrosive fumes of fluorides such as SiF and HF Hydrogen gas may be fonned at temperatures above 227DF

Corrosiveness Attacks silica bearing materials metals and stoneware Hazardous Polymerization

Will not occur

Status New Issue Date February 3 2006 Section(s) Revised NA MSDS MOS16961061

SECTION XI TOXICOLOGICAL INFORMATION

Acute Oral Toxicity 430 mgkg oral-rat LD50

Acute Dermal Toxicity 140 mgkg LOLo (Frog)

Mutagenesis No data available

Target Organ No data available

Developmental Toxicity No data available

Carcinogenicity No data available

SECTION XII ECOLOGICAL INFORMATION

ECOTOXfCOLOGY No data available

SECTION XIII DISPOSAL CONSIDERATIONS

Keep in covered DOT-approved poly drums pending disposal Handle and dispose in full compliance with an applicable Intemational Federal State and Local reQulations

SECTION XIV TRANSPORT INFO

Regulatory Status None established

Proper Shipping Name Hydrofluosilicic Acid

Hazard Class Class 8 (corrosive)

Packing Group II

Identification Number UN1778

Guide Number 154

SECTION XV REGULA TORY INFORMATION

CERClA Not Regulated RCRA 26133 Not Regulated

SARA TI11E III Section 302 Not Regulated (ExemptIons at 40 CFR Pan 370 may apply for agricuIIural use or lor quantllies of less

SectIon 304 Not Regulated Section 3111312 Acute and Chronic

than 10000 pounds _lie) Section 313 Not Regulated NTP tARC OSHA Recommended for Study IARC group 3 Not regulated by OSHA

(PSM) Canada OSL and NDSL On Inventory TSCA On Inventory

Status New Issue Date February 3 2006 SectIon(s) Revised NlA MSOS MOS16961061

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS Usted as Fluorosilicic Acid CBSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUED REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMATION THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are fumished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4001shy1998

Note to (if 8IlpicBble)

Status New Issue Date February 3 2006 Section(s) Revised NlA MSDS MOS16961061

I

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS listed as Fluorosilicic Acid CaSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUEO REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMAnoN THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are furnished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4OO1shy1998

Note to __ (d 8pP1icab1ei

Status New Issue Date February 3 2006 Section(s) Revised NJA MSDS MOS16961061

DATE IIlIMIOOIYYY) nleO

IROOIJ(EII 1-113-623-2330

ACORD CERTIFICATE OF LIABILITY INSURANCE I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERllFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR

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If SUBROGATION IS WAIVED subject to the teons and conditions of the poHcy certain policies may require an endorsement A statement on this certificate does not OJOfer rights to the certificate holder in lieu of such endorsement(s)

DISCLAIMER

The Certificate of Insurance on the reverse side of this foon does not constitute a contract between the issuing insurer(s) authorized representative or producer and the certificate holder nor does it affinnatively or negatively amend extend or alter the coverage alforded by the policies listed thereon

ACORD 25 (2001108)

SUPPLEMENT TO CERTIFICATE OF INSURANCE I DATE 11180

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APPRO~ATETOTAL TOTAL 50000000

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BID INVITAnONS WERE MAUD TO ANDOR PICKED UP BY

Pennco SAWS Website Napea Chemical Cobull Inc Demandstar OXl UnivarUSA

Page 26: 331 Twisted Wood Dr.coalitionforsafemeters.org/TFSDW/PENNCO_Contract_2010.pdf · At the February 2,2010, meeting of the San Antonio Water System (SAWS) Board of Trustees, you were

NSF Certified Products - Public Water Supply Treatment Chemicals Page lof2

NSF

NSF Product and Service Listings

These Listings were Last Updated on Thursday Janulry 14 Z010 at 415 AM Eastern Time Please contact NSF International to confirm the status ofany Listing report errors or make suggestions

Wami NSF is COIIccncd abot fradu 1 d-loIIdilll d iplaUolI ofwcbsik tOIl Ifyou havo relaquorod Ihis listiar in lIrd copy ys rorafirm tllis ccrtlflcatleDilistlac Infonnlion lIy COilli diretlly to hHnllmywnrforclCertlfOCllP1Ch_ibullbullblListilAlpfCOIIIQlnyNme-peDccoamp for tho latest most eatntl ifonnatlon

NSFANSI STANDARD 60 Drinking Water Treatment Chemicalsmiddot Health Effects

----------~-----~

PENCCO INC PO BOX 600 SAN FELIPE TX 77473 800-864-1742 979-885-0005

Facility DISTRIBUTION CENTER - RICHMOND CA

Hydrofluosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid

Product Function Fluoridation Fluoridation

Max Use 6mgIL 6mgIL

Hydrofluosilicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - SOUTH GATE CA

HydrofluosUicir Acid Trade Designation Product FlUlCtion Max Use Fluorosilicic Acid Fluoridation 6mgIL Fluosilicic Acid Fluoridation 6mgIL Hydrofluosiiicic Acid Fluoridation 6mgIL

Facility DISTRIBUTION CENTER - WILLOW SPRINGS IL

Hydroftuosllicir Arid Trade Designation Product Fll1ICtion Max Use Fluorosilicic Acid Fluoridation 6mgIL F1uosilicic Acid Fluoridation 6mgIL Hydrofluosilicic Acid Fluoridation 6mgIL

httpwwwnsforglCertifiedlPwsChemicalslListingsaspCompanyName=pencooampTrade111412010

NSF Certified Products - Public Water Supply Treatment Chemicals Page 20f2

Facility D1STRI BUTION CENTER - BALTIMORE MD

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Facility DISTRIBUTION CENTER

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Product Function Fluoridation Fluoridation Fluoridation

SEALY TX

Product Function Fluoridation Fluoridation Fluoridation

Facility DISTRIBUTION CENTER - WAXAHACHIE TX

Hydrofluosilicic Acid Trade Designation FLUOROSILICIC ACID FLUOSJLlCJC ACID HYDROFLUOROSILlCJC ACID HYDROFLUOSILICIC ACID

Product Function Fluoridation Fluoridation Fluoridation Fluoridation

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL 6mgIL

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PENCCO INC Pioneer Engineering Chemical Company

HydrofluorosiIicic Acid Bid QAlQC Info

Pencco meets AWWA Standards and is NSF Certified

Hydrofluorosilicic acid also known as HFS or FSA is a transparent colorless (water white to straw yellow) aqueous solution that is used in a variety of applications including the major end-use water treatment for fluoridation FSA is produced during the concentration of phosphoric acid in an evaporation process unique to the phosphate industry The vapor stream from the phosphoric acid reaction is scrubbed with water to form FSA from the naturally-occurring silica acid The final product is collected stored and tested prior to release for shipment Potential danger of contamination is minimized through compliance with NSF 60 NSF 60 typically checks sourlt)e product and any subsequent transfer before unloading into customer tanks

infopenccoCGm PO Bo 600 S Felipe Tens 77473-0600 9791885-0005 FAX 979f88S310ll

Refer FL-J43 September 2000

THE MANUFACTURE OF THE FLUORIDE CHEMICALS

All ofthe fluoride chemicals used in the US for water fluoridation sodium fluoride sodium fluorosilicate and fluorosilicic acid are useful byproducts of the phosphate fertilizer industry The manufacturing process produces two byproducts (I) a solid calcium sulfate (sheetrock CaS04) and (2) the gases hydrofluoric acid (HF) and silicon tetrafluoride (SiF4) A simplified explanation of the manufacturing process follows Apatite rock a calcium mineral found in central Florida is ground up and treated with sulfuric acid producing phosphoric acid and the two byproducts calcium sulfate and the two gas emissions These gases are captured by product recovery units (scrubbers) and condensed into 23 fluorosilicic acid Sodium fluoride and sodium fluorosilicate are made from this acid

The question of toxicity purity and risk to humans from the addition of fluoride chemicals to the drinking water sometimes arises Almost all of the over 40 water treatment chemicals that may be used at the water plant are toxic to humans in their concentrated form eg chlorine gas and the fluoride chemicals are no exception Added to the drinking water in very small amounts the fluoride chemicals dissociate virtually J 00 into their various components (ions) and are very stable safe and non-toxic

Opponents of water fluoridation have argued that the silicofluorides do not completely dissociate under conditions ofnormal water treatment and thus may cause health problems To counter these claims the basic chemistry of this dissociation has been carefully reviewed Scientists at the US Environmental Protection Agency (EPA) and CDC epidemiologists have examined the research that opponents of water fluoridation cite Both groups have concluded that these charges are not credible

The claim is sometimes made that no health studies exist on the silicofluoride chemicals used in water fluoridation That is correct We the scientific community do not study health effects of concentrated chemicals as put into water we study the health effects ofthe treated water Le what those chemicals become fluoride ion silicates and the hydrogen ion The health effects of fluoride have been analyzed by literally thousands of studies over SO years and have been found to be safe and effective in reducing tooth decay The EPA has not set any Maximum Contaminant Level (MCL) for the silicates as there is no known health concerns for them at the low concentrations found in drinking water Of course the measurement ofthe pH of the water determines the concentration of the hydrogen ion

Concern has been raised about the impurities in the fluoride chemicals The American Water Works Association (A WWA) a well-respected water supply industry association sets standards for all chemicals used in the water treatment plant including fluoride chemicals The A WWA standards are ANSJJ A WWA B701-99 (sodium fluoride) ANSJJ A WWA B702-99 (sodium

fluorosilicate) and ANSIIAWWA B703-00 (fluorosilicic acid) The National Sanitation Foundation (NSF) also sets standards and does product certification for products used in the water industry including fluoride chemicals ANSINSF Standard 60 sets standards for purity and provides testing and certification for the fluoride chemicals Standard 60 was developed by NSF and a consortium of associations including the A WWA and the American National Standards Institute (ANSI) This standard provides for product quality and safety assurance to prevent the addition of harmful levels of contaminants from water treatment chemicals More than 40 states have laws or regulations requiring product compliance with Standard 60 NSF tests the fluoride chemicals for the II regulated metal compounds that have an EPA MCL In order for a product [for example fluorosilicic acid] to meet certification standards regulated metal contaminants must be present at the tap [in the home] at a concentration ofless than ten percent of the MCL when added to drinking water at the recommended maximum use level The EPA has not set any MCL for the silicates as there is no known health concerns but Standard 60 has a Maximum Allowable Level (MAL) of 16 mgIL for sodium silicates as corrosion control agents primarily for turbidity reasons NSF tests have shown the silicates in the water samples from public water systems to be well below these levels

Arsenic according to NSF tests had an average of043 ugIL [parts per billion] in the drinking water attributable to the fluoride chemical Opflow a monthly magazine from the A WWA has found the arsenic level in the finished water from the fluorosilicic acid to be 0245 ugIL [OpflowVol 26 No 10October 2000] The NSF Standard 60 has a Maximum Allowable Level (MAL) of25 ugIL and EPA has a MCL of 50 ugIL although they have proposed to lower their MCL to 5 ugIL As you can see arsenic is less that III Oth ofeven the proposed EPA MCL Finally tests by NSF and other independent testing laboratories have shown no detectable levels

of radionuclides in product samples of fluoride chemicals There is no evidence that any of the known impurities in the fluoride chemicals have failed to meet any of these standards Opponents ofwater fluoridation have sometimes charged that industrial grade fluoride chemicals are used at the water plant instead ofpharmaceutical grade chemicals All the standards of AWWA ANSI and NSF apply to these industrial grade fluoride chemicals to ensure they are safe Phannaceutical grade fluoride compounds are not appropriate for water fluoridation they are used in the formulation of prescription drugs

Finally it is sometimes alleged that the fluoride from natural sources like calcium fluoride is better than fluorides added artificially such as from the fluoride chemicals presently used There is no difference There is no reason to change the opinion of CDC that water fluoridation is safe and effective

Thomas O Reeves PE National Fluoridation Engineer Program Services Branch Division ofOm] Health National Center for Chronic Disease Prevention and Health Promotion Centers for Disease Control and Prevention

2

8813 US Highway 41 South Riverview Florida 33569

EMERGENCY TELEPHONEmiddot CHEMTREC 1-800-424-9300

SECTION I PRODUCT INFORMATION

TRADE NAME Hydrofluosilicic Acid

CHEMICAL NAME I Hydrofluosilicic Acid

CAS NUMBER

CHEMICAL FAMILY

SYNONYMS

PRIMARY USE

SECTION II

FORMULA

COMPOSITION

SECTION III EMERGENCY OVERVIEW

16961-83-4

I norganic Fluorides

FluorosHicic Acid Hexafluosilicic Acid HFS FSA Auoridation of drinking water

COMPOSITION INFORMATION ON INGREDIENTS

H2SiF6

Hydrofluosilicic Acid 120-25

water 175-80

HAZARD IDENTIFICATION Large doses can cause nausea vomiting diarrhea abdominal buming and cramp-like pains Circulatory respiratory neNOUS complaints and skin rashes may occur Liquid

Health Hazards or vapor also causes severe irritation and bums Which will not be immediately apparent It also causes severe irritation to the lungs nose and throat If swallowed it can cause severe damage to throat and stomach

Physical Hazards Not applicable

Physical Form liquid

Appearance water White to straw yellow liquid

Odor Pungent

Toxicity Not identified as toxic by OSHA

NFPA HAZARD CLASS ~HAZARD CLAS Health 3

I Flammability 0

Instability Special Hazard 1

FlammabHity 1

Physical 2Hanrd

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOSt MOS16961061

POTENTiAl HEALTH EFFECTS

Acute - I Titant Chronic - Degenerative changes in the liver Fluorosis

POTENTIAl ENVIRONMENTAl EFFECTS

None listed

SECTION IV FIRST AID MEASURES

FIRST AID PROCEDURES

Eyes Invnediately flush with plenty of water for at least 15 minutes Get medical attention invnediately

Skin

Invnediately flush with plenty of water Remove contaminated clothing Discard contaminated clothing properly Get medical attention if irritation occurs or persists

Inhated Move to fresh air Administer oxygen Treat symptomatically Get medical attention promptly

Ingestion Give large quantities of water to patient if conscious 00 Not induca vomiting Seek medical attention promptly

NOTE TO PHYSICIAN Not applicable

SECTION V FIRE FIGHTING MEASURES

Flammable Properties

Flash Point Not applicable

Flammability Not applicable

LEUUEL Not applicable

Auto-Ignition Temperature

Not applicable

Extinguishing Media Small fires Water spray foam dry chemical or CO2

Large fires Water spray fog or foam

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOS MOS16961061

Wear selfcontained breathing apparatus with full protective clothing

Protection of Firefighters

Dangerous when heated to decomposition highly toxic and corrosive fumes of fluorides are emitted Will react with water or steam to produce toxic and COITOSive fumes May generate hydrogen in contact with some metals

SECTION VI

RESPONSE TECHNIQUES

ACCIDENTAL RELEASE MEASURES Small spills Contain spill and stop leak if it can be done without risk Use sodium carbonate or a mixture of soda ash and slaked lime sand or noncombustible absorbent material to soak up material Place in DOTmiddotapproved poly container and dispose of properly

Large spills Use same procedure as above Isolate spill area and deny entry Prevent discharge into waterways and sewers Material may be neutralized with sodium carbonate or a mixture of soda ash and slaked lime Contact proper local state or federal regulatory agencies to ascertain proper disposal techniques and procedures

All waste to be collected in a DOTmiddot IPOlY drum for disposal

= SECTION VII

HANDLING

HANDLING AND STORAGE

Avoid contact with eyes skin and clothing Wash thoroughly after handling Maintain proper hygiene practices when handling this product

STORAGE Use DOT-approved poly drum for storage

SECTION VIII EXPOSURE CONTROLS I PERSONAL PROTECTION

ENGINEERING CONTROLS

Eye wash and shaNer stations should be available where acid is being handled

PERSONAl PROTECTIVE EQUIPMENT (PPE)

EyelFace

Skin

Respiratory

Splash proof goggles and fullmiddotface shield should be worn at all times Acid proof gloves headgear protective shoes and clothing should be worn to Drevent contact Use respiratory for 20ppm or less concentration Use a self-contained breathing apparatus for concentrations of greater than 2Oppm

Other None

GENERAL HYGIENE CONSIDERA nONS

Avoid breathing fumes Avoid ingestion Wash thoroughly after handling Avoid contact with eyes or skin Use in adequate ventilation

EXPOSURE GUIDELINES

OSHA Permissible Exposure Limits (PEL) 25mgFm3

ACGIH Threshold Limit Value (TLV) 25 rng Fm3

Status New Issue ~ate February 3 2006 Section(s) Revised NlA MSDS MOS16961061

SECTION IX PHYSICAL AND CHEMICAL PROPERTIES

Note Unless othetWise stated values in this section are determined at 20middotC (68middotF) and 760 mm Hg (1 aim)

Flash Point Not applicable Flammabilityl Explosive Limits ()

Not applicable

Auto-Ignition Temperature

Not applicable

Appearance Water white to straw yellow liquid

Physical State Liquid

Odor Pungent Molecular Weight of Pure Material

14411g1mol

pH 12 Vapor Pressure (mmHg)

Not applicable

Vapor Density (air=1)

Not applicable

Boiling Point 2223 OF

FreezinglMelting Point Not applicable

Solubility in Water Not applicable 100 soluble in water

Specific Gravity 12

Volatility Not applicable

Bulk Density 98 Ibslfemiddot 25 Sol 77DF

SECTION X STABILITY AND REACTIVITY

Chemical Stability Stable

Conditions to Avoid Avoid all heat sources

Incompatible Materials Avoid contact with metals stoneware strong acids and alkalies explosives toxicants readily oxidizable materials alkali metals combustible solids and organic peroxides

Hazardous Decomposition Products

Extreme temperatures such as a fire cause formation of highly toxic and corrosive fumes of fluorides such as SiF and HF Hydrogen gas may be fonned at temperatures above 227DF

Corrosiveness Attacks silica bearing materials metals and stoneware Hazardous Polymerization

Will not occur

Status New Issue Date February 3 2006 Section(s) Revised NA MSDS MOS16961061

SECTION XI TOXICOLOGICAL INFORMATION

Acute Oral Toxicity 430 mgkg oral-rat LD50

Acute Dermal Toxicity 140 mgkg LOLo (Frog)

Mutagenesis No data available

Target Organ No data available

Developmental Toxicity No data available

Carcinogenicity No data available

SECTION XII ECOLOGICAL INFORMATION

ECOTOXfCOLOGY No data available

SECTION XIII DISPOSAL CONSIDERATIONS

Keep in covered DOT-approved poly drums pending disposal Handle and dispose in full compliance with an applicable Intemational Federal State and Local reQulations

SECTION XIV TRANSPORT INFO

Regulatory Status None established

Proper Shipping Name Hydrofluosilicic Acid

Hazard Class Class 8 (corrosive)

Packing Group II

Identification Number UN1778

Guide Number 154

SECTION XV REGULA TORY INFORMATION

CERClA Not Regulated RCRA 26133 Not Regulated

SARA TI11E III Section 302 Not Regulated (ExemptIons at 40 CFR Pan 370 may apply for agricuIIural use or lor quantllies of less

SectIon 304 Not Regulated Section 3111312 Acute and Chronic

than 10000 pounds _lie) Section 313 Not Regulated NTP tARC OSHA Recommended for Study IARC group 3 Not regulated by OSHA

(PSM) Canada OSL and NDSL On Inventory TSCA On Inventory

Status New Issue Date February 3 2006 SectIon(s) Revised NlA MSOS MOS16961061

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS Usted as Fluorosilicic Acid CBSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUED REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMATION THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are fumished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4001shy1998

Note to (if 8IlpicBble)

Status New Issue Date February 3 2006 Section(s) Revised NlA MSDS MOS16961061

I

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS listed as Fluorosilicic Acid CaSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUEO REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMAnoN THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are furnished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4OO1shy1998

Note to __ (d 8pP1icab1ei

Status New Issue Date February 3 2006 Section(s) Revised NJA MSDS MOS16961061

DATE IIlIMIOOIYYY) nleO

IROOIJ(EII 1-113-623-2330

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If SUBROGATION IS WAIVED subject to the teons and conditions of the poHcy certain policies may require an endorsement A statement on this certificate does not OJOfer rights to the certificate holder in lieu of such endorsement(s)

DISCLAIMER

The Certificate of Insurance on the reverse side of this foon does not constitute a contract between the issuing insurer(s) authorized representative or producer and the certificate holder nor does it affinnatively or negatively amend extend or alter the coverage alforded by the policies listed thereon

ACORD 25 (2001108)

SUPPLEMENT TO CERTIFICATE OF INSURANCE I DATE 11180

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BID INVITAnONS WERE MAUD TO ANDOR PICKED UP BY

Pennco SAWS Website Napea Chemical Cobull Inc Demandstar OXl UnivarUSA

Page 27: 331 Twisted Wood Dr.coalitionforsafemeters.org/TFSDW/PENNCO_Contract_2010.pdf · At the February 2,2010, meeting of the San Antonio Water System (SAWS) Board of Trustees, you were

NSF Certified Products - Public Water Supply Treatment Chemicals Page 20f2

Facility D1STRI BUTION CENTER - BALTIMORE MD

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Facility DISTRIBUTION CENTER

Hydroflllosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid Hydrofluosilicic Acid

Product Function Fluoridation Fluoridation Fluoridation

SEALY TX

Product Function Fluoridation Fluoridation Fluoridation

Facility DISTRIBUTION CENTER - WAXAHACHIE TX

Hydrofluosilicic Acid Trade Designation FLUOROSILICIC ACID FLUOSJLlCJC ACID HYDROFLUOROSILlCJC ACID HYDROFLUOSILICIC ACID

Product Function Fluoridation Fluoridation Fluoridation Fluoridation

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL

Max Use 6mgIL 6mgIL 6mgIL 6mgIL

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PENCCO INC Pioneer Engineering Chemical Company

HydrofluorosiIicic Acid Bid QAlQC Info

Pencco meets AWWA Standards and is NSF Certified

Hydrofluorosilicic acid also known as HFS or FSA is a transparent colorless (water white to straw yellow) aqueous solution that is used in a variety of applications including the major end-use water treatment for fluoridation FSA is produced during the concentration of phosphoric acid in an evaporation process unique to the phosphate industry The vapor stream from the phosphoric acid reaction is scrubbed with water to form FSA from the naturally-occurring silica acid The final product is collected stored and tested prior to release for shipment Potential danger of contamination is minimized through compliance with NSF 60 NSF 60 typically checks sourlt)e product and any subsequent transfer before unloading into customer tanks

infopenccoCGm PO Bo 600 S Felipe Tens 77473-0600 9791885-0005 FAX 979f88S310ll

Refer FL-J43 September 2000

THE MANUFACTURE OF THE FLUORIDE CHEMICALS

All ofthe fluoride chemicals used in the US for water fluoridation sodium fluoride sodium fluorosilicate and fluorosilicic acid are useful byproducts of the phosphate fertilizer industry The manufacturing process produces two byproducts (I) a solid calcium sulfate (sheetrock CaS04) and (2) the gases hydrofluoric acid (HF) and silicon tetrafluoride (SiF4) A simplified explanation of the manufacturing process follows Apatite rock a calcium mineral found in central Florida is ground up and treated with sulfuric acid producing phosphoric acid and the two byproducts calcium sulfate and the two gas emissions These gases are captured by product recovery units (scrubbers) and condensed into 23 fluorosilicic acid Sodium fluoride and sodium fluorosilicate are made from this acid

The question of toxicity purity and risk to humans from the addition of fluoride chemicals to the drinking water sometimes arises Almost all of the over 40 water treatment chemicals that may be used at the water plant are toxic to humans in their concentrated form eg chlorine gas and the fluoride chemicals are no exception Added to the drinking water in very small amounts the fluoride chemicals dissociate virtually J 00 into their various components (ions) and are very stable safe and non-toxic

Opponents of water fluoridation have argued that the silicofluorides do not completely dissociate under conditions ofnormal water treatment and thus may cause health problems To counter these claims the basic chemistry of this dissociation has been carefully reviewed Scientists at the US Environmental Protection Agency (EPA) and CDC epidemiologists have examined the research that opponents of water fluoridation cite Both groups have concluded that these charges are not credible

The claim is sometimes made that no health studies exist on the silicofluoride chemicals used in water fluoridation That is correct We the scientific community do not study health effects of concentrated chemicals as put into water we study the health effects ofthe treated water Le what those chemicals become fluoride ion silicates and the hydrogen ion The health effects of fluoride have been analyzed by literally thousands of studies over SO years and have been found to be safe and effective in reducing tooth decay The EPA has not set any Maximum Contaminant Level (MCL) for the silicates as there is no known health concerns for them at the low concentrations found in drinking water Of course the measurement ofthe pH of the water determines the concentration of the hydrogen ion

Concern has been raised about the impurities in the fluoride chemicals The American Water Works Association (A WWA) a well-respected water supply industry association sets standards for all chemicals used in the water treatment plant including fluoride chemicals The A WWA standards are ANSJJ A WWA B701-99 (sodium fluoride) ANSJJ A WWA B702-99 (sodium

fluorosilicate) and ANSIIAWWA B703-00 (fluorosilicic acid) The National Sanitation Foundation (NSF) also sets standards and does product certification for products used in the water industry including fluoride chemicals ANSINSF Standard 60 sets standards for purity and provides testing and certification for the fluoride chemicals Standard 60 was developed by NSF and a consortium of associations including the A WWA and the American National Standards Institute (ANSI) This standard provides for product quality and safety assurance to prevent the addition of harmful levels of contaminants from water treatment chemicals More than 40 states have laws or regulations requiring product compliance with Standard 60 NSF tests the fluoride chemicals for the II regulated metal compounds that have an EPA MCL In order for a product [for example fluorosilicic acid] to meet certification standards regulated metal contaminants must be present at the tap [in the home] at a concentration ofless than ten percent of the MCL when added to drinking water at the recommended maximum use level The EPA has not set any MCL for the silicates as there is no known health concerns but Standard 60 has a Maximum Allowable Level (MAL) of 16 mgIL for sodium silicates as corrosion control agents primarily for turbidity reasons NSF tests have shown the silicates in the water samples from public water systems to be well below these levels

Arsenic according to NSF tests had an average of043 ugIL [parts per billion] in the drinking water attributable to the fluoride chemical Opflow a monthly magazine from the A WWA has found the arsenic level in the finished water from the fluorosilicic acid to be 0245 ugIL [OpflowVol 26 No 10October 2000] The NSF Standard 60 has a Maximum Allowable Level (MAL) of25 ugIL and EPA has a MCL of 50 ugIL although they have proposed to lower their MCL to 5 ugIL As you can see arsenic is less that III Oth ofeven the proposed EPA MCL Finally tests by NSF and other independent testing laboratories have shown no detectable levels

of radionuclides in product samples of fluoride chemicals There is no evidence that any of the known impurities in the fluoride chemicals have failed to meet any of these standards Opponents ofwater fluoridation have sometimes charged that industrial grade fluoride chemicals are used at the water plant instead ofpharmaceutical grade chemicals All the standards of AWWA ANSI and NSF apply to these industrial grade fluoride chemicals to ensure they are safe Phannaceutical grade fluoride compounds are not appropriate for water fluoridation they are used in the formulation of prescription drugs

Finally it is sometimes alleged that the fluoride from natural sources like calcium fluoride is better than fluorides added artificially such as from the fluoride chemicals presently used There is no difference There is no reason to change the opinion of CDC that water fluoridation is safe and effective

Thomas O Reeves PE National Fluoridation Engineer Program Services Branch Division ofOm] Health National Center for Chronic Disease Prevention and Health Promotion Centers for Disease Control and Prevention

2

8813 US Highway 41 South Riverview Florida 33569

EMERGENCY TELEPHONEmiddot CHEMTREC 1-800-424-9300

SECTION I PRODUCT INFORMATION

TRADE NAME Hydrofluosilicic Acid

CHEMICAL NAME I Hydrofluosilicic Acid

CAS NUMBER

CHEMICAL FAMILY

SYNONYMS

PRIMARY USE

SECTION II

FORMULA

COMPOSITION

SECTION III EMERGENCY OVERVIEW

16961-83-4

I norganic Fluorides

FluorosHicic Acid Hexafluosilicic Acid HFS FSA Auoridation of drinking water

COMPOSITION INFORMATION ON INGREDIENTS

H2SiF6

Hydrofluosilicic Acid 120-25

water 175-80

HAZARD IDENTIFICATION Large doses can cause nausea vomiting diarrhea abdominal buming and cramp-like pains Circulatory respiratory neNOUS complaints and skin rashes may occur Liquid

Health Hazards or vapor also causes severe irritation and bums Which will not be immediately apparent It also causes severe irritation to the lungs nose and throat If swallowed it can cause severe damage to throat and stomach

Physical Hazards Not applicable

Physical Form liquid

Appearance water White to straw yellow liquid

Odor Pungent

Toxicity Not identified as toxic by OSHA

NFPA HAZARD CLASS ~HAZARD CLAS Health 3

I Flammability 0

Instability Special Hazard 1

FlammabHity 1

Physical 2Hanrd

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOSt MOS16961061

POTENTiAl HEALTH EFFECTS

Acute - I Titant Chronic - Degenerative changes in the liver Fluorosis

POTENTIAl ENVIRONMENTAl EFFECTS

None listed

SECTION IV FIRST AID MEASURES

FIRST AID PROCEDURES

Eyes Invnediately flush with plenty of water for at least 15 minutes Get medical attention invnediately

Skin

Invnediately flush with plenty of water Remove contaminated clothing Discard contaminated clothing properly Get medical attention if irritation occurs or persists

Inhated Move to fresh air Administer oxygen Treat symptomatically Get medical attention promptly

Ingestion Give large quantities of water to patient if conscious 00 Not induca vomiting Seek medical attention promptly

NOTE TO PHYSICIAN Not applicable

SECTION V FIRE FIGHTING MEASURES

Flammable Properties

Flash Point Not applicable

Flammability Not applicable

LEUUEL Not applicable

Auto-Ignition Temperature

Not applicable

Extinguishing Media Small fires Water spray foam dry chemical or CO2

Large fires Water spray fog or foam

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOS MOS16961061

Wear selfcontained breathing apparatus with full protective clothing

Protection of Firefighters

Dangerous when heated to decomposition highly toxic and corrosive fumes of fluorides are emitted Will react with water or steam to produce toxic and COITOSive fumes May generate hydrogen in contact with some metals

SECTION VI

RESPONSE TECHNIQUES

ACCIDENTAL RELEASE MEASURES Small spills Contain spill and stop leak if it can be done without risk Use sodium carbonate or a mixture of soda ash and slaked lime sand or noncombustible absorbent material to soak up material Place in DOTmiddotapproved poly container and dispose of properly

Large spills Use same procedure as above Isolate spill area and deny entry Prevent discharge into waterways and sewers Material may be neutralized with sodium carbonate or a mixture of soda ash and slaked lime Contact proper local state or federal regulatory agencies to ascertain proper disposal techniques and procedures

All waste to be collected in a DOTmiddot IPOlY drum for disposal

= SECTION VII

HANDLING

HANDLING AND STORAGE

Avoid contact with eyes skin and clothing Wash thoroughly after handling Maintain proper hygiene practices when handling this product

STORAGE Use DOT-approved poly drum for storage

SECTION VIII EXPOSURE CONTROLS I PERSONAL PROTECTION

ENGINEERING CONTROLS

Eye wash and shaNer stations should be available where acid is being handled

PERSONAl PROTECTIVE EQUIPMENT (PPE)

EyelFace

Skin

Respiratory

Splash proof goggles and fullmiddotface shield should be worn at all times Acid proof gloves headgear protective shoes and clothing should be worn to Drevent contact Use respiratory for 20ppm or less concentration Use a self-contained breathing apparatus for concentrations of greater than 2Oppm

Other None

GENERAL HYGIENE CONSIDERA nONS

Avoid breathing fumes Avoid ingestion Wash thoroughly after handling Avoid contact with eyes or skin Use in adequate ventilation

EXPOSURE GUIDELINES

OSHA Permissible Exposure Limits (PEL) 25mgFm3

ACGIH Threshold Limit Value (TLV) 25 rng Fm3

Status New Issue ~ate February 3 2006 Section(s) Revised NlA MSDS MOS16961061

SECTION IX PHYSICAL AND CHEMICAL PROPERTIES

Note Unless othetWise stated values in this section are determined at 20middotC (68middotF) and 760 mm Hg (1 aim)

Flash Point Not applicable Flammabilityl Explosive Limits ()

Not applicable

Auto-Ignition Temperature

Not applicable

Appearance Water white to straw yellow liquid

Physical State Liquid

Odor Pungent Molecular Weight of Pure Material

14411g1mol

pH 12 Vapor Pressure (mmHg)

Not applicable

Vapor Density (air=1)

Not applicable

Boiling Point 2223 OF

FreezinglMelting Point Not applicable

Solubility in Water Not applicable 100 soluble in water

Specific Gravity 12

Volatility Not applicable

Bulk Density 98 Ibslfemiddot 25 Sol 77DF

SECTION X STABILITY AND REACTIVITY

Chemical Stability Stable

Conditions to Avoid Avoid all heat sources

Incompatible Materials Avoid contact with metals stoneware strong acids and alkalies explosives toxicants readily oxidizable materials alkali metals combustible solids and organic peroxides

Hazardous Decomposition Products

Extreme temperatures such as a fire cause formation of highly toxic and corrosive fumes of fluorides such as SiF and HF Hydrogen gas may be fonned at temperatures above 227DF

Corrosiveness Attacks silica bearing materials metals and stoneware Hazardous Polymerization

Will not occur

Status New Issue Date February 3 2006 Section(s) Revised NA MSDS MOS16961061

SECTION XI TOXICOLOGICAL INFORMATION

Acute Oral Toxicity 430 mgkg oral-rat LD50

Acute Dermal Toxicity 140 mgkg LOLo (Frog)

Mutagenesis No data available

Target Organ No data available

Developmental Toxicity No data available

Carcinogenicity No data available

SECTION XII ECOLOGICAL INFORMATION

ECOTOXfCOLOGY No data available

SECTION XIII DISPOSAL CONSIDERATIONS

Keep in covered DOT-approved poly drums pending disposal Handle and dispose in full compliance with an applicable Intemational Federal State and Local reQulations

SECTION XIV TRANSPORT INFO

Regulatory Status None established

Proper Shipping Name Hydrofluosilicic Acid

Hazard Class Class 8 (corrosive)

Packing Group II

Identification Number UN1778

Guide Number 154

SECTION XV REGULA TORY INFORMATION

CERClA Not Regulated RCRA 26133 Not Regulated

SARA TI11E III Section 302 Not Regulated (ExemptIons at 40 CFR Pan 370 may apply for agricuIIural use or lor quantllies of less

SectIon 304 Not Regulated Section 3111312 Acute and Chronic

than 10000 pounds _lie) Section 313 Not Regulated NTP tARC OSHA Recommended for Study IARC group 3 Not regulated by OSHA

(PSM) Canada OSL and NDSL On Inventory TSCA On Inventory

Status New Issue Date February 3 2006 SectIon(s) Revised NlA MSOS MOS16961061

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS Usted as Fluorosilicic Acid CBSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUED REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMATION THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are fumished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4001shy1998

Note to (if 8IlpicBble)

Status New Issue Date February 3 2006 Section(s) Revised NlA MSDS MOS16961061

I

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS listed as Fluorosilicic Acid CaSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUEO REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMAnoN THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are furnished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4OO1shy1998

Note to __ (d 8pP1icab1ei

Status New Issue Date February 3 2006 Section(s) Revised NJA MSDS MOS16961061

DATE IIlIMIOOIYYY) nleO

IROOIJ(EII 1-113-623-2330

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If SUBROGATION IS WAIVED subject to the teons and conditions of the poHcy certain policies may require an endorsement A statement on this certificate does not OJOfer rights to the certificate holder in lieu of such endorsement(s)

DISCLAIMER

The Certificate of Insurance on the reverse side of this foon does not constitute a contract between the issuing insurer(s) authorized representative or producer and the certificate holder nor does it affinnatively or negatively amend extend or alter the coverage alforded by the policies listed thereon

ACORD 25 (2001108)

SUPPLEMENT TO CERTIFICATE OF INSURANCE I DATE 11180

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Annual Contract for Fluoroslficic Acid (February 2 2010 through February 1 2011) 300 pmbull January 19 2010

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UNIT PRICE 630

3 Split Delivery Fee (stop charge) 227 deliveries UNIT TOTAL 11000

4 Expediated Delivery UNIT PRICE 92500

APPRO~ATETOTAL TOTAL 50000000

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Delivery Days

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5-6 days

1

BID INVITAnONS WERE MAUD TO ANDOR PICKED UP BY

Pennco SAWS Website Napea Chemical Cobull Inc Demandstar OXl UnivarUSA

Page 28: 331 Twisted Wood Dr.coalitionforsafemeters.org/TFSDW/PENNCO_Contract_2010.pdf · At the February 2,2010, meeting of the San Antonio Water System (SAWS) Board of Trustees, you were

PENCCO INC Pioneer Engineering Chemical Company

HydrofluorosiIicic Acid Bid QAlQC Info

Pencco meets AWWA Standards and is NSF Certified

Hydrofluorosilicic acid also known as HFS or FSA is a transparent colorless (water white to straw yellow) aqueous solution that is used in a variety of applications including the major end-use water treatment for fluoridation FSA is produced during the concentration of phosphoric acid in an evaporation process unique to the phosphate industry The vapor stream from the phosphoric acid reaction is scrubbed with water to form FSA from the naturally-occurring silica acid The final product is collected stored and tested prior to release for shipment Potential danger of contamination is minimized through compliance with NSF 60 NSF 60 typically checks sourlt)e product and any subsequent transfer before unloading into customer tanks

infopenccoCGm PO Bo 600 S Felipe Tens 77473-0600 9791885-0005 FAX 979f88S310ll

Refer FL-J43 September 2000

THE MANUFACTURE OF THE FLUORIDE CHEMICALS

All ofthe fluoride chemicals used in the US for water fluoridation sodium fluoride sodium fluorosilicate and fluorosilicic acid are useful byproducts of the phosphate fertilizer industry The manufacturing process produces two byproducts (I) a solid calcium sulfate (sheetrock CaS04) and (2) the gases hydrofluoric acid (HF) and silicon tetrafluoride (SiF4) A simplified explanation of the manufacturing process follows Apatite rock a calcium mineral found in central Florida is ground up and treated with sulfuric acid producing phosphoric acid and the two byproducts calcium sulfate and the two gas emissions These gases are captured by product recovery units (scrubbers) and condensed into 23 fluorosilicic acid Sodium fluoride and sodium fluorosilicate are made from this acid

The question of toxicity purity and risk to humans from the addition of fluoride chemicals to the drinking water sometimes arises Almost all of the over 40 water treatment chemicals that may be used at the water plant are toxic to humans in their concentrated form eg chlorine gas and the fluoride chemicals are no exception Added to the drinking water in very small amounts the fluoride chemicals dissociate virtually J 00 into their various components (ions) and are very stable safe and non-toxic

Opponents of water fluoridation have argued that the silicofluorides do not completely dissociate under conditions ofnormal water treatment and thus may cause health problems To counter these claims the basic chemistry of this dissociation has been carefully reviewed Scientists at the US Environmental Protection Agency (EPA) and CDC epidemiologists have examined the research that opponents of water fluoridation cite Both groups have concluded that these charges are not credible

The claim is sometimes made that no health studies exist on the silicofluoride chemicals used in water fluoridation That is correct We the scientific community do not study health effects of concentrated chemicals as put into water we study the health effects ofthe treated water Le what those chemicals become fluoride ion silicates and the hydrogen ion The health effects of fluoride have been analyzed by literally thousands of studies over SO years and have been found to be safe and effective in reducing tooth decay The EPA has not set any Maximum Contaminant Level (MCL) for the silicates as there is no known health concerns for them at the low concentrations found in drinking water Of course the measurement ofthe pH of the water determines the concentration of the hydrogen ion

Concern has been raised about the impurities in the fluoride chemicals The American Water Works Association (A WWA) a well-respected water supply industry association sets standards for all chemicals used in the water treatment plant including fluoride chemicals The A WWA standards are ANSJJ A WWA B701-99 (sodium fluoride) ANSJJ A WWA B702-99 (sodium

fluorosilicate) and ANSIIAWWA B703-00 (fluorosilicic acid) The National Sanitation Foundation (NSF) also sets standards and does product certification for products used in the water industry including fluoride chemicals ANSINSF Standard 60 sets standards for purity and provides testing and certification for the fluoride chemicals Standard 60 was developed by NSF and a consortium of associations including the A WWA and the American National Standards Institute (ANSI) This standard provides for product quality and safety assurance to prevent the addition of harmful levels of contaminants from water treatment chemicals More than 40 states have laws or regulations requiring product compliance with Standard 60 NSF tests the fluoride chemicals for the II regulated metal compounds that have an EPA MCL In order for a product [for example fluorosilicic acid] to meet certification standards regulated metal contaminants must be present at the tap [in the home] at a concentration ofless than ten percent of the MCL when added to drinking water at the recommended maximum use level The EPA has not set any MCL for the silicates as there is no known health concerns but Standard 60 has a Maximum Allowable Level (MAL) of 16 mgIL for sodium silicates as corrosion control agents primarily for turbidity reasons NSF tests have shown the silicates in the water samples from public water systems to be well below these levels

Arsenic according to NSF tests had an average of043 ugIL [parts per billion] in the drinking water attributable to the fluoride chemical Opflow a monthly magazine from the A WWA has found the arsenic level in the finished water from the fluorosilicic acid to be 0245 ugIL [OpflowVol 26 No 10October 2000] The NSF Standard 60 has a Maximum Allowable Level (MAL) of25 ugIL and EPA has a MCL of 50 ugIL although they have proposed to lower their MCL to 5 ugIL As you can see arsenic is less that III Oth ofeven the proposed EPA MCL Finally tests by NSF and other independent testing laboratories have shown no detectable levels

of radionuclides in product samples of fluoride chemicals There is no evidence that any of the known impurities in the fluoride chemicals have failed to meet any of these standards Opponents ofwater fluoridation have sometimes charged that industrial grade fluoride chemicals are used at the water plant instead ofpharmaceutical grade chemicals All the standards of AWWA ANSI and NSF apply to these industrial grade fluoride chemicals to ensure they are safe Phannaceutical grade fluoride compounds are not appropriate for water fluoridation they are used in the formulation of prescription drugs

Finally it is sometimes alleged that the fluoride from natural sources like calcium fluoride is better than fluorides added artificially such as from the fluoride chemicals presently used There is no difference There is no reason to change the opinion of CDC that water fluoridation is safe and effective

Thomas O Reeves PE National Fluoridation Engineer Program Services Branch Division ofOm] Health National Center for Chronic Disease Prevention and Health Promotion Centers for Disease Control and Prevention

2

8813 US Highway 41 South Riverview Florida 33569

EMERGENCY TELEPHONEmiddot CHEMTREC 1-800-424-9300

SECTION I PRODUCT INFORMATION

TRADE NAME Hydrofluosilicic Acid

CHEMICAL NAME I Hydrofluosilicic Acid

CAS NUMBER

CHEMICAL FAMILY

SYNONYMS

PRIMARY USE

SECTION II

FORMULA

COMPOSITION

SECTION III EMERGENCY OVERVIEW

16961-83-4

I norganic Fluorides

FluorosHicic Acid Hexafluosilicic Acid HFS FSA Auoridation of drinking water

COMPOSITION INFORMATION ON INGREDIENTS

H2SiF6

Hydrofluosilicic Acid 120-25

water 175-80

HAZARD IDENTIFICATION Large doses can cause nausea vomiting diarrhea abdominal buming and cramp-like pains Circulatory respiratory neNOUS complaints and skin rashes may occur Liquid

Health Hazards or vapor also causes severe irritation and bums Which will not be immediately apparent It also causes severe irritation to the lungs nose and throat If swallowed it can cause severe damage to throat and stomach

Physical Hazards Not applicable

Physical Form liquid

Appearance water White to straw yellow liquid

Odor Pungent

Toxicity Not identified as toxic by OSHA

NFPA HAZARD CLASS ~HAZARD CLAS Health 3

I Flammability 0

Instability Special Hazard 1

FlammabHity 1

Physical 2Hanrd

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOSt MOS16961061

POTENTiAl HEALTH EFFECTS

Acute - I Titant Chronic - Degenerative changes in the liver Fluorosis

POTENTIAl ENVIRONMENTAl EFFECTS

None listed

SECTION IV FIRST AID MEASURES

FIRST AID PROCEDURES

Eyes Invnediately flush with plenty of water for at least 15 minutes Get medical attention invnediately

Skin

Invnediately flush with plenty of water Remove contaminated clothing Discard contaminated clothing properly Get medical attention if irritation occurs or persists

Inhated Move to fresh air Administer oxygen Treat symptomatically Get medical attention promptly

Ingestion Give large quantities of water to patient if conscious 00 Not induca vomiting Seek medical attention promptly

NOTE TO PHYSICIAN Not applicable

SECTION V FIRE FIGHTING MEASURES

Flammable Properties

Flash Point Not applicable

Flammability Not applicable

LEUUEL Not applicable

Auto-Ignition Temperature

Not applicable

Extinguishing Media Small fires Water spray foam dry chemical or CO2

Large fires Water spray fog or foam

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOS MOS16961061

Wear selfcontained breathing apparatus with full protective clothing

Protection of Firefighters

Dangerous when heated to decomposition highly toxic and corrosive fumes of fluorides are emitted Will react with water or steam to produce toxic and COITOSive fumes May generate hydrogen in contact with some metals

SECTION VI

RESPONSE TECHNIQUES

ACCIDENTAL RELEASE MEASURES Small spills Contain spill and stop leak if it can be done without risk Use sodium carbonate or a mixture of soda ash and slaked lime sand or noncombustible absorbent material to soak up material Place in DOTmiddotapproved poly container and dispose of properly

Large spills Use same procedure as above Isolate spill area and deny entry Prevent discharge into waterways and sewers Material may be neutralized with sodium carbonate or a mixture of soda ash and slaked lime Contact proper local state or federal regulatory agencies to ascertain proper disposal techniques and procedures

All waste to be collected in a DOTmiddot IPOlY drum for disposal

= SECTION VII

HANDLING

HANDLING AND STORAGE

Avoid contact with eyes skin and clothing Wash thoroughly after handling Maintain proper hygiene practices when handling this product

STORAGE Use DOT-approved poly drum for storage

SECTION VIII EXPOSURE CONTROLS I PERSONAL PROTECTION

ENGINEERING CONTROLS

Eye wash and shaNer stations should be available where acid is being handled

PERSONAl PROTECTIVE EQUIPMENT (PPE)

EyelFace

Skin

Respiratory

Splash proof goggles and fullmiddotface shield should be worn at all times Acid proof gloves headgear protective shoes and clothing should be worn to Drevent contact Use respiratory for 20ppm or less concentration Use a self-contained breathing apparatus for concentrations of greater than 2Oppm

Other None

GENERAL HYGIENE CONSIDERA nONS

Avoid breathing fumes Avoid ingestion Wash thoroughly after handling Avoid contact with eyes or skin Use in adequate ventilation

EXPOSURE GUIDELINES

OSHA Permissible Exposure Limits (PEL) 25mgFm3

ACGIH Threshold Limit Value (TLV) 25 rng Fm3

Status New Issue ~ate February 3 2006 Section(s) Revised NlA MSDS MOS16961061

SECTION IX PHYSICAL AND CHEMICAL PROPERTIES

Note Unless othetWise stated values in this section are determined at 20middotC (68middotF) and 760 mm Hg (1 aim)

Flash Point Not applicable Flammabilityl Explosive Limits ()

Not applicable

Auto-Ignition Temperature

Not applicable

Appearance Water white to straw yellow liquid

Physical State Liquid

Odor Pungent Molecular Weight of Pure Material

14411g1mol

pH 12 Vapor Pressure (mmHg)

Not applicable

Vapor Density (air=1)

Not applicable

Boiling Point 2223 OF

FreezinglMelting Point Not applicable

Solubility in Water Not applicable 100 soluble in water

Specific Gravity 12

Volatility Not applicable

Bulk Density 98 Ibslfemiddot 25 Sol 77DF

SECTION X STABILITY AND REACTIVITY

Chemical Stability Stable

Conditions to Avoid Avoid all heat sources

Incompatible Materials Avoid contact with metals stoneware strong acids and alkalies explosives toxicants readily oxidizable materials alkali metals combustible solids and organic peroxides

Hazardous Decomposition Products

Extreme temperatures such as a fire cause formation of highly toxic and corrosive fumes of fluorides such as SiF and HF Hydrogen gas may be fonned at temperatures above 227DF

Corrosiveness Attacks silica bearing materials metals and stoneware Hazardous Polymerization

Will not occur

Status New Issue Date February 3 2006 Section(s) Revised NA MSDS MOS16961061

SECTION XI TOXICOLOGICAL INFORMATION

Acute Oral Toxicity 430 mgkg oral-rat LD50

Acute Dermal Toxicity 140 mgkg LOLo (Frog)

Mutagenesis No data available

Target Organ No data available

Developmental Toxicity No data available

Carcinogenicity No data available

SECTION XII ECOLOGICAL INFORMATION

ECOTOXfCOLOGY No data available

SECTION XIII DISPOSAL CONSIDERATIONS

Keep in covered DOT-approved poly drums pending disposal Handle and dispose in full compliance with an applicable Intemational Federal State and Local reQulations

SECTION XIV TRANSPORT INFO

Regulatory Status None established

Proper Shipping Name Hydrofluosilicic Acid

Hazard Class Class 8 (corrosive)

Packing Group II

Identification Number UN1778

Guide Number 154

SECTION XV REGULA TORY INFORMATION

CERClA Not Regulated RCRA 26133 Not Regulated

SARA TI11E III Section 302 Not Regulated (ExemptIons at 40 CFR Pan 370 may apply for agricuIIural use or lor quantllies of less

SectIon 304 Not Regulated Section 3111312 Acute and Chronic

than 10000 pounds _lie) Section 313 Not Regulated NTP tARC OSHA Recommended for Study IARC group 3 Not regulated by OSHA

(PSM) Canada OSL and NDSL On Inventory TSCA On Inventory

Status New Issue Date February 3 2006 SectIon(s) Revised NlA MSOS MOS16961061

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS Usted as Fluorosilicic Acid CBSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUED REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMATION THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are fumished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4001shy1998

Note to (if 8IlpicBble)

Status New Issue Date February 3 2006 Section(s) Revised NlA MSDS MOS16961061

I

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS listed as Fluorosilicic Acid CaSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUEO REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMAnoN THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are furnished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4OO1shy1998

Note to __ (d 8pP1icab1ei

Status New Issue Date February 3 2006 Section(s) Revised NJA MSDS MOS16961061

DATE IIlIMIOOIYYY) nleO

IROOIJ(EII 1-113-623-2330

ACORD CERTIFICATE OF LIABILITY INSURANCE I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERllFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR

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If SUBROGATION IS WAIVED subject to the teons and conditions of the poHcy certain policies may require an endorsement A statement on this certificate does not OJOfer rights to the certificate holder in lieu of such endorsement(s)

DISCLAIMER

The Certificate of Insurance on the reverse side of this foon does not constitute a contract between the issuing insurer(s) authorized representative or producer and the certificate holder nor does it affinnatively or negatively amend extend or alter the coverage alforded by the policies listed thereon

ACORD 25 (2001108)

SUPPLEMENT TO CERTIFICATE OF INSURANCE I DATE 11180

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4 Expediated Delivery UNIT PRICE 92500

APPRO~ATETOTAL TOTAL 50000000

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Pennco SAWS Website Napea Chemical Cobull Inc Demandstar OXl UnivarUSA

Page 29: 331 Twisted Wood Dr.coalitionforsafemeters.org/TFSDW/PENNCO_Contract_2010.pdf · At the February 2,2010, meeting of the San Antonio Water System (SAWS) Board of Trustees, you were

Refer FL-J43 September 2000

THE MANUFACTURE OF THE FLUORIDE CHEMICALS

All ofthe fluoride chemicals used in the US for water fluoridation sodium fluoride sodium fluorosilicate and fluorosilicic acid are useful byproducts of the phosphate fertilizer industry The manufacturing process produces two byproducts (I) a solid calcium sulfate (sheetrock CaS04) and (2) the gases hydrofluoric acid (HF) and silicon tetrafluoride (SiF4) A simplified explanation of the manufacturing process follows Apatite rock a calcium mineral found in central Florida is ground up and treated with sulfuric acid producing phosphoric acid and the two byproducts calcium sulfate and the two gas emissions These gases are captured by product recovery units (scrubbers) and condensed into 23 fluorosilicic acid Sodium fluoride and sodium fluorosilicate are made from this acid

The question of toxicity purity and risk to humans from the addition of fluoride chemicals to the drinking water sometimes arises Almost all of the over 40 water treatment chemicals that may be used at the water plant are toxic to humans in their concentrated form eg chlorine gas and the fluoride chemicals are no exception Added to the drinking water in very small amounts the fluoride chemicals dissociate virtually J 00 into their various components (ions) and are very stable safe and non-toxic

Opponents of water fluoridation have argued that the silicofluorides do not completely dissociate under conditions ofnormal water treatment and thus may cause health problems To counter these claims the basic chemistry of this dissociation has been carefully reviewed Scientists at the US Environmental Protection Agency (EPA) and CDC epidemiologists have examined the research that opponents of water fluoridation cite Both groups have concluded that these charges are not credible

The claim is sometimes made that no health studies exist on the silicofluoride chemicals used in water fluoridation That is correct We the scientific community do not study health effects of concentrated chemicals as put into water we study the health effects ofthe treated water Le what those chemicals become fluoride ion silicates and the hydrogen ion The health effects of fluoride have been analyzed by literally thousands of studies over SO years and have been found to be safe and effective in reducing tooth decay The EPA has not set any Maximum Contaminant Level (MCL) for the silicates as there is no known health concerns for them at the low concentrations found in drinking water Of course the measurement ofthe pH of the water determines the concentration of the hydrogen ion

Concern has been raised about the impurities in the fluoride chemicals The American Water Works Association (A WWA) a well-respected water supply industry association sets standards for all chemicals used in the water treatment plant including fluoride chemicals The A WWA standards are ANSJJ A WWA B701-99 (sodium fluoride) ANSJJ A WWA B702-99 (sodium

fluorosilicate) and ANSIIAWWA B703-00 (fluorosilicic acid) The National Sanitation Foundation (NSF) also sets standards and does product certification for products used in the water industry including fluoride chemicals ANSINSF Standard 60 sets standards for purity and provides testing and certification for the fluoride chemicals Standard 60 was developed by NSF and a consortium of associations including the A WWA and the American National Standards Institute (ANSI) This standard provides for product quality and safety assurance to prevent the addition of harmful levels of contaminants from water treatment chemicals More than 40 states have laws or regulations requiring product compliance with Standard 60 NSF tests the fluoride chemicals for the II regulated metal compounds that have an EPA MCL In order for a product [for example fluorosilicic acid] to meet certification standards regulated metal contaminants must be present at the tap [in the home] at a concentration ofless than ten percent of the MCL when added to drinking water at the recommended maximum use level The EPA has not set any MCL for the silicates as there is no known health concerns but Standard 60 has a Maximum Allowable Level (MAL) of 16 mgIL for sodium silicates as corrosion control agents primarily for turbidity reasons NSF tests have shown the silicates in the water samples from public water systems to be well below these levels

Arsenic according to NSF tests had an average of043 ugIL [parts per billion] in the drinking water attributable to the fluoride chemical Opflow a monthly magazine from the A WWA has found the arsenic level in the finished water from the fluorosilicic acid to be 0245 ugIL [OpflowVol 26 No 10October 2000] The NSF Standard 60 has a Maximum Allowable Level (MAL) of25 ugIL and EPA has a MCL of 50 ugIL although they have proposed to lower their MCL to 5 ugIL As you can see arsenic is less that III Oth ofeven the proposed EPA MCL Finally tests by NSF and other independent testing laboratories have shown no detectable levels

of radionuclides in product samples of fluoride chemicals There is no evidence that any of the known impurities in the fluoride chemicals have failed to meet any of these standards Opponents ofwater fluoridation have sometimes charged that industrial grade fluoride chemicals are used at the water plant instead ofpharmaceutical grade chemicals All the standards of AWWA ANSI and NSF apply to these industrial grade fluoride chemicals to ensure they are safe Phannaceutical grade fluoride compounds are not appropriate for water fluoridation they are used in the formulation of prescription drugs

Finally it is sometimes alleged that the fluoride from natural sources like calcium fluoride is better than fluorides added artificially such as from the fluoride chemicals presently used There is no difference There is no reason to change the opinion of CDC that water fluoridation is safe and effective

Thomas O Reeves PE National Fluoridation Engineer Program Services Branch Division ofOm] Health National Center for Chronic Disease Prevention and Health Promotion Centers for Disease Control and Prevention

2

8813 US Highway 41 South Riverview Florida 33569

EMERGENCY TELEPHONEmiddot CHEMTREC 1-800-424-9300

SECTION I PRODUCT INFORMATION

TRADE NAME Hydrofluosilicic Acid

CHEMICAL NAME I Hydrofluosilicic Acid

CAS NUMBER

CHEMICAL FAMILY

SYNONYMS

PRIMARY USE

SECTION II

FORMULA

COMPOSITION

SECTION III EMERGENCY OVERVIEW

16961-83-4

I norganic Fluorides

FluorosHicic Acid Hexafluosilicic Acid HFS FSA Auoridation of drinking water

COMPOSITION INFORMATION ON INGREDIENTS

H2SiF6

Hydrofluosilicic Acid 120-25

water 175-80

HAZARD IDENTIFICATION Large doses can cause nausea vomiting diarrhea abdominal buming and cramp-like pains Circulatory respiratory neNOUS complaints and skin rashes may occur Liquid

Health Hazards or vapor also causes severe irritation and bums Which will not be immediately apparent It also causes severe irritation to the lungs nose and throat If swallowed it can cause severe damage to throat and stomach

Physical Hazards Not applicable

Physical Form liquid

Appearance water White to straw yellow liquid

Odor Pungent

Toxicity Not identified as toxic by OSHA

NFPA HAZARD CLASS ~HAZARD CLAS Health 3

I Flammability 0

Instability Special Hazard 1

FlammabHity 1

Physical 2Hanrd

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOSt MOS16961061

POTENTiAl HEALTH EFFECTS

Acute - I Titant Chronic - Degenerative changes in the liver Fluorosis

POTENTIAl ENVIRONMENTAl EFFECTS

None listed

SECTION IV FIRST AID MEASURES

FIRST AID PROCEDURES

Eyes Invnediately flush with plenty of water for at least 15 minutes Get medical attention invnediately

Skin

Invnediately flush with plenty of water Remove contaminated clothing Discard contaminated clothing properly Get medical attention if irritation occurs or persists

Inhated Move to fresh air Administer oxygen Treat symptomatically Get medical attention promptly

Ingestion Give large quantities of water to patient if conscious 00 Not induca vomiting Seek medical attention promptly

NOTE TO PHYSICIAN Not applicable

SECTION V FIRE FIGHTING MEASURES

Flammable Properties

Flash Point Not applicable

Flammability Not applicable

LEUUEL Not applicable

Auto-Ignition Temperature

Not applicable

Extinguishing Media Small fires Water spray foam dry chemical or CO2

Large fires Water spray fog or foam

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOS MOS16961061

Wear selfcontained breathing apparatus with full protective clothing

Protection of Firefighters

Dangerous when heated to decomposition highly toxic and corrosive fumes of fluorides are emitted Will react with water or steam to produce toxic and COITOSive fumes May generate hydrogen in contact with some metals

SECTION VI

RESPONSE TECHNIQUES

ACCIDENTAL RELEASE MEASURES Small spills Contain spill and stop leak if it can be done without risk Use sodium carbonate or a mixture of soda ash and slaked lime sand or noncombustible absorbent material to soak up material Place in DOTmiddotapproved poly container and dispose of properly

Large spills Use same procedure as above Isolate spill area and deny entry Prevent discharge into waterways and sewers Material may be neutralized with sodium carbonate or a mixture of soda ash and slaked lime Contact proper local state or federal regulatory agencies to ascertain proper disposal techniques and procedures

All waste to be collected in a DOTmiddot IPOlY drum for disposal

= SECTION VII

HANDLING

HANDLING AND STORAGE

Avoid contact with eyes skin and clothing Wash thoroughly after handling Maintain proper hygiene practices when handling this product

STORAGE Use DOT-approved poly drum for storage

SECTION VIII EXPOSURE CONTROLS I PERSONAL PROTECTION

ENGINEERING CONTROLS

Eye wash and shaNer stations should be available where acid is being handled

PERSONAl PROTECTIVE EQUIPMENT (PPE)

EyelFace

Skin

Respiratory

Splash proof goggles and fullmiddotface shield should be worn at all times Acid proof gloves headgear protective shoes and clothing should be worn to Drevent contact Use respiratory for 20ppm or less concentration Use a self-contained breathing apparatus for concentrations of greater than 2Oppm

Other None

GENERAL HYGIENE CONSIDERA nONS

Avoid breathing fumes Avoid ingestion Wash thoroughly after handling Avoid contact with eyes or skin Use in adequate ventilation

EXPOSURE GUIDELINES

OSHA Permissible Exposure Limits (PEL) 25mgFm3

ACGIH Threshold Limit Value (TLV) 25 rng Fm3

Status New Issue ~ate February 3 2006 Section(s) Revised NlA MSDS MOS16961061

SECTION IX PHYSICAL AND CHEMICAL PROPERTIES

Note Unless othetWise stated values in this section are determined at 20middotC (68middotF) and 760 mm Hg (1 aim)

Flash Point Not applicable Flammabilityl Explosive Limits ()

Not applicable

Auto-Ignition Temperature

Not applicable

Appearance Water white to straw yellow liquid

Physical State Liquid

Odor Pungent Molecular Weight of Pure Material

14411g1mol

pH 12 Vapor Pressure (mmHg)

Not applicable

Vapor Density (air=1)

Not applicable

Boiling Point 2223 OF

FreezinglMelting Point Not applicable

Solubility in Water Not applicable 100 soluble in water

Specific Gravity 12

Volatility Not applicable

Bulk Density 98 Ibslfemiddot 25 Sol 77DF

SECTION X STABILITY AND REACTIVITY

Chemical Stability Stable

Conditions to Avoid Avoid all heat sources

Incompatible Materials Avoid contact with metals stoneware strong acids and alkalies explosives toxicants readily oxidizable materials alkali metals combustible solids and organic peroxides

Hazardous Decomposition Products

Extreme temperatures such as a fire cause formation of highly toxic and corrosive fumes of fluorides such as SiF and HF Hydrogen gas may be fonned at temperatures above 227DF

Corrosiveness Attacks silica bearing materials metals and stoneware Hazardous Polymerization

Will not occur

Status New Issue Date February 3 2006 Section(s) Revised NA MSDS MOS16961061

SECTION XI TOXICOLOGICAL INFORMATION

Acute Oral Toxicity 430 mgkg oral-rat LD50

Acute Dermal Toxicity 140 mgkg LOLo (Frog)

Mutagenesis No data available

Target Organ No data available

Developmental Toxicity No data available

Carcinogenicity No data available

SECTION XII ECOLOGICAL INFORMATION

ECOTOXfCOLOGY No data available

SECTION XIII DISPOSAL CONSIDERATIONS

Keep in covered DOT-approved poly drums pending disposal Handle and dispose in full compliance with an applicable Intemational Federal State and Local reQulations

SECTION XIV TRANSPORT INFO

Regulatory Status None established

Proper Shipping Name Hydrofluosilicic Acid

Hazard Class Class 8 (corrosive)

Packing Group II

Identification Number UN1778

Guide Number 154

SECTION XV REGULA TORY INFORMATION

CERClA Not Regulated RCRA 26133 Not Regulated

SARA TI11E III Section 302 Not Regulated (ExemptIons at 40 CFR Pan 370 may apply for agricuIIural use or lor quantllies of less

SectIon 304 Not Regulated Section 3111312 Acute and Chronic

than 10000 pounds _lie) Section 313 Not Regulated NTP tARC OSHA Recommended for Study IARC group 3 Not regulated by OSHA

(PSM) Canada OSL and NDSL On Inventory TSCA On Inventory

Status New Issue Date February 3 2006 SectIon(s) Revised NlA MSOS MOS16961061

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS Usted as Fluorosilicic Acid CBSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUED REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMATION THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are fumished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4001shy1998

Note to (if 8IlpicBble)

Status New Issue Date February 3 2006 Section(s) Revised NlA MSDS MOS16961061

I

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS listed as Fluorosilicic Acid CaSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUEO REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMAnoN THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are furnished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4OO1shy1998

Note to __ (d 8pP1icab1ei

Status New Issue Date February 3 2006 Section(s) Revised NJA MSDS MOS16961061

DATE IIlIMIOOIYYY) nleO

IROOIJ(EII 1-113-623-2330

ACORD CERTIFICATE OF LIABILITY INSURANCE I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERllFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR

Arthur 01 Gallagher Rik ICanagtllaeUt Services 111C

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CERTIFICATE HOLDER

_ Antonio t ly8t_ CO Bbia IlPO

It 0 Box 257 Rf 107-1U4-C08-1D71

IIHOUUgtNIt OF ___ IOUCE$III cuocauDlIIFOREntE DPlRATIOII

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~l9~ ACORD 25 (2001108)~~ OACORDCORPORAnON1~

IMPORTANT

If the certifICate holder is an ADDITIONAl INSURED the poUcy(ies) must be endorsed A statement on this certificate does nol confer rights to the certifICate holder in lieu of such endorsement(s)

If SUBROGATION IS WAIVED subject to the teons and conditions of the poHcy certain policies may require an endorsement A statement on this certificate does not OJOfer rights to the certificate holder in lieu of such endorsement(s)

DISCLAIMER

The Certificate of Insurance on the reverse side of this foon does not constitute a contract between the issuing insurer(s) authorized representative or producer and the certificate holder nor does it affinnatively or negatively amend extend or alter the coverage alforded by the policies listed thereon

ACORD 25 (2001108)

SUPPLEMENT TO CERTIFICATE OF INSURANCE I DATE 11180

NAME 01 INSURED PCCO Inc

Addii2Jg1 Ducllio II 00eta1ionslRemafks 1m PWl 1middot

Adcionallnfulmatlon

Ihldornt Pora if Applicable

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IBOOVBPICOOl Blapkat Additioaal ImIurecl ~ OvDer8yen Le or CODtractor8 a reqlird by

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SAN ANTONIO TEXAS 78298middot2449 TABULATION OF BIDS

Annual Contract for Fluoroslficic Acid (February 2 2010 through February 1 2011) 300 pmbull January 19 2010

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1 23 nominal Fluorosilicic Acid UNIT PRICE 4542

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2 1 ea 23 nominal Fluorosilicic Acid 55 pilon drum

UNIT PRICE 630

3 Split Delivery Fee (stop charge) 227 deliveries UNIT TOTAL 11000

4 Expediated Delivery UNIT PRICE 92500

APPRO~ATETOTAL TOTAL 50000000

Tenns

Delivery Days

1 20 days

5-6 days

1

BID INVITAnONS WERE MAUD TO ANDOR PICKED UP BY

Pennco SAWS Website Napea Chemical Cobull Inc Demandstar OXl UnivarUSA

Page 30: 331 Twisted Wood Dr.coalitionforsafemeters.org/TFSDW/PENNCO_Contract_2010.pdf · At the February 2,2010, meeting of the San Antonio Water System (SAWS) Board of Trustees, you were

fluorosilicate) and ANSIIAWWA B703-00 (fluorosilicic acid) The National Sanitation Foundation (NSF) also sets standards and does product certification for products used in the water industry including fluoride chemicals ANSINSF Standard 60 sets standards for purity and provides testing and certification for the fluoride chemicals Standard 60 was developed by NSF and a consortium of associations including the A WWA and the American National Standards Institute (ANSI) This standard provides for product quality and safety assurance to prevent the addition of harmful levels of contaminants from water treatment chemicals More than 40 states have laws or regulations requiring product compliance with Standard 60 NSF tests the fluoride chemicals for the II regulated metal compounds that have an EPA MCL In order for a product [for example fluorosilicic acid] to meet certification standards regulated metal contaminants must be present at the tap [in the home] at a concentration ofless than ten percent of the MCL when added to drinking water at the recommended maximum use level The EPA has not set any MCL for the silicates as there is no known health concerns but Standard 60 has a Maximum Allowable Level (MAL) of 16 mgIL for sodium silicates as corrosion control agents primarily for turbidity reasons NSF tests have shown the silicates in the water samples from public water systems to be well below these levels

Arsenic according to NSF tests had an average of043 ugIL [parts per billion] in the drinking water attributable to the fluoride chemical Opflow a monthly magazine from the A WWA has found the arsenic level in the finished water from the fluorosilicic acid to be 0245 ugIL [OpflowVol 26 No 10October 2000] The NSF Standard 60 has a Maximum Allowable Level (MAL) of25 ugIL and EPA has a MCL of 50 ugIL although they have proposed to lower their MCL to 5 ugIL As you can see arsenic is less that III Oth ofeven the proposed EPA MCL Finally tests by NSF and other independent testing laboratories have shown no detectable levels

of radionuclides in product samples of fluoride chemicals There is no evidence that any of the known impurities in the fluoride chemicals have failed to meet any of these standards Opponents ofwater fluoridation have sometimes charged that industrial grade fluoride chemicals are used at the water plant instead ofpharmaceutical grade chemicals All the standards of AWWA ANSI and NSF apply to these industrial grade fluoride chemicals to ensure they are safe Phannaceutical grade fluoride compounds are not appropriate for water fluoridation they are used in the formulation of prescription drugs

Finally it is sometimes alleged that the fluoride from natural sources like calcium fluoride is better than fluorides added artificially such as from the fluoride chemicals presently used There is no difference There is no reason to change the opinion of CDC that water fluoridation is safe and effective

Thomas O Reeves PE National Fluoridation Engineer Program Services Branch Division ofOm] Health National Center for Chronic Disease Prevention and Health Promotion Centers for Disease Control and Prevention

2

8813 US Highway 41 South Riverview Florida 33569

EMERGENCY TELEPHONEmiddot CHEMTREC 1-800-424-9300

SECTION I PRODUCT INFORMATION

TRADE NAME Hydrofluosilicic Acid

CHEMICAL NAME I Hydrofluosilicic Acid

CAS NUMBER

CHEMICAL FAMILY

SYNONYMS

PRIMARY USE

SECTION II

FORMULA

COMPOSITION

SECTION III EMERGENCY OVERVIEW

16961-83-4

I norganic Fluorides

FluorosHicic Acid Hexafluosilicic Acid HFS FSA Auoridation of drinking water

COMPOSITION INFORMATION ON INGREDIENTS

H2SiF6

Hydrofluosilicic Acid 120-25

water 175-80

HAZARD IDENTIFICATION Large doses can cause nausea vomiting diarrhea abdominal buming and cramp-like pains Circulatory respiratory neNOUS complaints and skin rashes may occur Liquid

Health Hazards or vapor also causes severe irritation and bums Which will not be immediately apparent It also causes severe irritation to the lungs nose and throat If swallowed it can cause severe damage to throat and stomach

Physical Hazards Not applicable

Physical Form liquid

Appearance water White to straw yellow liquid

Odor Pungent

Toxicity Not identified as toxic by OSHA

NFPA HAZARD CLASS ~HAZARD CLAS Health 3

I Flammability 0

Instability Special Hazard 1

FlammabHity 1

Physical 2Hanrd

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOSt MOS16961061

POTENTiAl HEALTH EFFECTS

Acute - I Titant Chronic - Degenerative changes in the liver Fluorosis

POTENTIAl ENVIRONMENTAl EFFECTS

None listed

SECTION IV FIRST AID MEASURES

FIRST AID PROCEDURES

Eyes Invnediately flush with plenty of water for at least 15 minutes Get medical attention invnediately

Skin

Invnediately flush with plenty of water Remove contaminated clothing Discard contaminated clothing properly Get medical attention if irritation occurs or persists

Inhated Move to fresh air Administer oxygen Treat symptomatically Get medical attention promptly

Ingestion Give large quantities of water to patient if conscious 00 Not induca vomiting Seek medical attention promptly

NOTE TO PHYSICIAN Not applicable

SECTION V FIRE FIGHTING MEASURES

Flammable Properties

Flash Point Not applicable

Flammability Not applicable

LEUUEL Not applicable

Auto-Ignition Temperature

Not applicable

Extinguishing Media Small fires Water spray foam dry chemical or CO2

Large fires Water spray fog or foam

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOS MOS16961061

Wear selfcontained breathing apparatus with full protective clothing

Protection of Firefighters

Dangerous when heated to decomposition highly toxic and corrosive fumes of fluorides are emitted Will react with water or steam to produce toxic and COITOSive fumes May generate hydrogen in contact with some metals

SECTION VI

RESPONSE TECHNIQUES

ACCIDENTAL RELEASE MEASURES Small spills Contain spill and stop leak if it can be done without risk Use sodium carbonate or a mixture of soda ash and slaked lime sand or noncombustible absorbent material to soak up material Place in DOTmiddotapproved poly container and dispose of properly

Large spills Use same procedure as above Isolate spill area and deny entry Prevent discharge into waterways and sewers Material may be neutralized with sodium carbonate or a mixture of soda ash and slaked lime Contact proper local state or federal regulatory agencies to ascertain proper disposal techniques and procedures

All waste to be collected in a DOTmiddot IPOlY drum for disposal

= SECTION VII

HANDLING

HANDLING AND STORAGE

Avoid contact with eyes skin and clothing Wash thoroughly after handling Maintain proper hygiene practices when handling this product

STORAGE Use DOT-approved poly drum for storage

SECTION VIII EXPOSURE CONTROLS I PERSONAL PROTECTION

ENGINEERING CONTROLS

Eye wash and shaNer stations should be available where acid is being handled

PERSONAl PROTECTIVE EQUIPMENT (PPE)

EyelFace

Skin

Respiratory

Splash proof goggles and fullmiddotface shield should be worn at all times Acid proof gloves headgear protective shoes and clothing should be worn to Drevent contact Use respiratory for 20ppm or less concentration Use a self-contained breathing apparatus for concentrations of greater than 2Oppm

Other None

GENERAL HYGIENE CONSIDERA nONS

Avoid breathing fumes Avoid ingestion Wash thoroughly after handling Avoid contact with eyes or skin Use in adequate ventilation

EXPOSURE GUIDELINES

OSHA Permissible Exposure Limits (PEL) 25mgFm3

ACGIH Threshold Limit Value (TLV) 25 rng Fm3

Status New Issue ~ate February 3 2006 Section(s) Revised NlA MSDS MOS16961061

SECTION IX PHYSICAL AND CHEMICAL PROPERTIES

Note Unless othetWise stated values in this section are determined at 20middotC (68middotF) and 760 mm Hg (1 aim)

Flash Point Not applicable Flammabilityl Explosive Limits ()

Not applicable

Auto-Ignition Temperature

Not applicable

Appearance Water white to straw yellow liquid

Physical State Liquid

Odor Pungent Molecular Weight of Pure Material

14411g1mol

pH 12 Vapor Pressure (mmHg)

Not applicable

Vapor Density (air=1)

Not applicable

Boiling Point 2223 OF

FreezinglMelting Point Not applicable

Solubility in Water Not applicable 100 soluble in water

Specific Gravity 12

Volatility Not applicable

Bulk Density 98 Ibslfemiddot 25 Sol 77DF

SECTION X STABILITY AND REACTIVITY

Chemical Stability Stable

Conditions to Avoid Avoid all heat sources

Incompatible Materials Avoid contact with metals stoneware strong acids and alkalies explosives toxicants readily oxidizable materials alkali metals combustible solids and organic peroxides

Hazardous Decomposition Products

Extreme temperatures such as a fire cause formation of highly toxic and corrosive fumes of fluorides such as SiF and HF Hydrogen gas may be fonned at temperatures above 227DF

Corrosiveness Attacks silica bearing materials metals and stoneware Hazardous Polymerization

Will not occur

Status New Issue Date February 3 2006 Section(s) Revised NA MSDS MOS16961061

SECTION XI TOXICOLOGICAL INFORMATION

Acute Oral Toxicity 430 mgkg oral-rat LD50

Acute Dermal Toxicity 140 mgkg LOLo (Frog)

Mutagenesis No data available

Target Organ No data available

Developmental Toxicity No data available

Carcinogenicity No data available

SECTION XII ECOLOGICAL INFORMATION

ECOTOXfCOLOGY No data available

SECTION XIII DISPOSAL CONSIDERATIONS

Keep in covered DOT-approved poly drums pending disposal Handle and dispose in full compliance with an applicable Intemational Federal State and Local reQulations

SECTION XIV TRANSPORT INFO

Regulatory Status None established

Proper Shipping Name Hydrofluosilicic Acid

Hazard Class Class 8 (corrosive)

Packing Group II

Identification Number UN1778

Guide Number 154

SECTION XV REGULA TORY INFORMATION

CERClA Not Regulated RCRA 26133 Not Regulated

SARA TI11E III Section 302 Not Regulated (ExemptIons at 40 CFR Pan 370 may apply for agricuIIural use or lor quantllies of less

SectIon 304 Not Regulated Section 3111312 Acute and Chronic

than 10000 pounds _lie) Section 313 Not Regulated NTP tARC OSHA Recommended for Study IARC group 3 Not regulated by OSHA

(PSM) Canada OSL and NDSL On Inventory TSCA On Inventory

Status New Issue Date February 3 2006 SectIon(s) Revised NlA MSOS MOS16961061

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS Usted as Fluorosilicic Acid CBSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUED REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMATION THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are fumished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4001shy1998

Note to (if 8IlpicBble)

Status New Issue Date February 3 2006 Section(s) Revised NlA MSDS MOS16961061

I

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS listed as Fluorosilicic Acid CaSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUEO REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMAnoN THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are furnished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4OO1shy1998

Note to __ (d 8pP1icab1ei

Status New Issue Date February 3 2006 Section(s) Revised NJA MSDS MOS16961061

DATE IIlIMIOOIYYY) nleO

IROOIJ(EII 1-113-623-2330

ACORD CERTIFICATE OF LIABILITY INSURANCE I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERllFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR

Arthur 01 Gallagher Rik ICanagtllaeUt Services 111C

ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW UOO wt Loop South Suite HOD Sou_ton fX 027

INSURERS AFFORDING COVERAGE HAIC bull

~ 1ROII_ SPlICIALTY INS CO 25U5shyPeneco Inc ~

~DDLAlm DIlII CO 37303

PO fiOO tNSURERC

lNSORERO

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COVERAGES THE POUCIES Of INSIIRAHCE USTeD BELOW HAVE BEEN ISSUEllTO THE INSURED NAMED ASOVE FOR THE POlICY PERIOD INDICATeD NOTWITHSTANDING AtIY REQUIREMENT TERM OR COtlDmON OF AtIY CONTRACT OR OTHER OOCUMENT WITH RESPECT TO WHICH THIS CERTIlICATE MAY BE ISSUEO OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POlICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS EXCLUSIONS AND CONDIOONS Of SUCH POUCIESAGGREGATE UNITS SHOWN MAY HAVE BEEN REllUCED BY PAlDClAIMS

1= I -- POUCYElFECMt POUCY_1IOII UIIfTlI

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CERTIFICATE HOLDER

_ Antonio t ly8t_ CO Bbia IlPO

It 0 Box 257 Rf 107-1U4-C08-1D71

IIHOUUgtNIt OF ___ IOUCE$III cuocauDlIIFOREntE DPlRATIOII

DAn _ ntE ___~__ TOIIAII 3D DAl1S WNmII

_TO_ CERllFlCAn -oER- TO _ UFT FALlIIE TO DO 110 lIIWL _110 _TfON DR lMKITY OF NIt 1aN0 _ ntE _ IJS _ DR

IIIIIIIBampIIfA1MS

Portland XI 5-0257 liSA

AImIOIIIZED~AIM

~l9~ ACORD 25 (2001108)~~ OACORDCORPORAnON1~

IMPORTANT

If the certifICate holder is an ADDITIONAl INSURED the poUcy(ies) must be endorsed A statement on this certificate does nol confer rights to the certifICate holder in lieu of such endorsement(s)

If SUBROGATION IS WAIVED subject to the teons and conditions of the poHcy certain policies may require an endorsement A statement on this certificate does not OJOfer rights to the certificate holder in lieu of such endorsement(s)

DISCLAIMER

The Certificate of Insurance on the reverse side of this foon does not constitute a contract between the issuing insurer(s) authorized representative or producer and the certificate holder nor does it affinnatively or negatively amend extend or alter the coverage alforded by the policies listed thereon

ACORD 25 (2001108)

SUPPLEMENT TO CERTIFICATE OF INSURANCE I DATE 11180

NAME 01 INSURED PCCO Inc

Addii2Jg1 Ducllio II 00eta1ionslRemafks 1m PWl 1middot

Adcionallnfulmatlon

Ihldornt Pora if Applicable

General Liability

IBOOVBPICOOl Blapkat Additioaal ImIurecl ~ OvDer8yen Le or CODtractor8 a reqlird by

writtaD contract

IB COY BUC 001 Blanket Wiy~ of SUbrogation bullbull required by writtall contraot 4

Auto Liability

ADDL-ZKS-B 0600 Blanket Additional InltureltS a riOqUieltS by _1 U contract

IIAIVlIlI-B ono Blkt WaiT of Subrogation rOqU1reltS by _itten _tract

SUPP (05104)

--

p2Oct 16 09 1212p LARRY YORK 2814466447

-OAte ~Actt CERTIACATE OF INSURANCE 00 t~~m~py~I~HOLDERmiicRTiFiCAn

YORK INSURANCE AGENCY DOES NOT AllliiMO EICTIDIO OR ALTER THE COVERAGE FfOADEO BY TIll POIJCIE8 8IlOWPO BOX 3861

HUMBLE TEXAS 77338 COMPANIES AFFORDING COVERAGE

= A TEXAS MUTUAL INSURANCE COMPANY

~BI

PENCCOINC ~C PO BOX600 SAN FEUPE TEXAS 77473-0600 ~o

~E -

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co TfHGbull a -r-~rrg~ --- GENE___tE

bull ---ITT~ERalLOIHJIIlM LtAaIUTY ~~lDCL bullClMOC_ OCCUR PERSONAl amp ADI lNJUIIIy bull i(llWffllllampO~C)T~ EMHOCCt_a bull

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I

oaClllfnotfOF~ fCCILOCA~nD16

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8HDOUI AHt Of _ ~ DEIIIICMEO POCtCfU e ~ IJIiIOCIIE TIll __ DATE _ _ ISSUIHG ClOMPAHY __ TO~

IWL]Loo WRrmM NOTICEro ceR1FJCiAIpound lIQIDEII_lO THE

LEFT lIUT fMJ8 10 lIN 8UOH NO1ICI 8oWL INPOIIE 110 O8UJotlllH 011 LWlLIT OF ICIIIlI UPOIf lIE OOIolPAHY l1li AGEJmI OA _RUlSNTATlYIlamp

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10-2008

F281middot629 (ROIl

PampOPltJSoL

TlMEl

DATI

TEllt NO

Y92)

SAN ANTONIO WATER SYSTEM P O BOX 2449

SAN ANTONIO TEXAS 78298middot2449 TABULATION OF BIDS

Annual Contract for Fluoroslficic Acid (February 2 2010 through February 1 2011) 300 pmbull January 19 2010

IlpoundSOlPnON ANOAPPIOlOMATE QUANlTN

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1 23 nominal Fluorosilicic Acid UNIT PRICE 4542

0-III 0 Z

e III

~

2 1 ea 23 nominal Fluorosilicic Acid 55 pilon drum

UNIT PRICE 630

3 Split Delivery Fee (stop charge) 227 deliveries UNIT TOTAL 11000

4 Expediated Delivery UNIT PRICE 92500

APPRO~ATETOTAL TOTAL 50000000

Tenns

Delivery Days

1 20 days

5-6 days

1

BID INVITAnONS WERE MAUD TO ANDOR PICKED UP BY

Pennco SAWS Website Napea Chemical Cobull Inc Demandstar OXl UnivarUSA

Page 31: 331 Twisted Wood Dr.coalitionforsafemeters.org/TFSDW/PENNCO_Contract_2010.pdf · At the February 2,2010, meeting of the San Antonio Water System (SAWS) Board of Trustees, you were

8813 US Highway 41 South Riverview Florida 33569

EMERGENCY TELEPHONEmiddot CHEMTREC 1-800-424-9300

SECTION I PRODUCT INFORMATION

TRADE NAME Hydrofluosilicic Acid

CHEMICAL NAME I Hydrofluosilicic Acid

CAS NUMBER

CHEMICAL FAMILY

SYNONYMS

PRIMARY USE

SECTION II

FORMULA

COMPOSITION

SECTION III EMERGENCY OVERVIEW

16961-83-4

I norganic Fluorides

FluorosHicic Acid Hexafluosilicic Acid HFS FSA Auoridation of drinking water

COMPOSITION INFORMATION ON INGREDIENTS

H2SiF6

Hydrofluosilicic Acid 120-25

water 175-80

HAZARD IDENTIFICATION Large doses can cause nausea vomiting diarrhea abdominal buming and cramp-like pains Circulatory respiratory neNOUS complaints and skin rashes may occur Liquid

Health Hazards or vapor also causes severe irritation and bums Which will not be immediately apparent It also causes severe irritation to the lungs nose and throat If swallowed it can cause severe damage to throat and stomach

Physical Hazards Not applicable

Physical Form liquid

Appearance water White to straw yellow liquid

Odor Pungent

Toxicity Not identified as toxic by OSHA

NFPA HAZARD CLASS ~HAZARD CLAS Health 3

I Flammability 0

Instability Special Hazard 1

FlammabHity 1

Physical 2Hanrd

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOSt MOS16961061

POTENTiAl HEALTH EFFECTS

Acute - I Titant Chronic - Degenerative changes in the liver Fluorosis

POTENTIAl ENVIRONMENTAl EFFECTS

None listed

SECTION IV FIRST AID MEASURES

FIRST AID PROCEDURES

Eyes Invnediately flush with plenty of water for at least 15 minutes Get medical attention invnediately

Skin

Invnediately flush with plenty of water Remove contaminated clothing Discard contaminated clothing properly Get medical attention if irritation occurs or persists

Inhated Move to fresh air Administer oxygen Treat symptomatically Get medical attention promptly

Ingestion Give large quantities of water to patient if conscious 00 Not induca vomiting Seek medical attention promptly

NOTE TO PHYSICIAN Not applicable

SECTION V FIRE FIGHTING MEASURES

Flammable Properties

Flash Point Not applicable

Flammability Not applicable

LEUUEL Not applicable

Auto-Ignition Temperature

Not applicable

Extinguishing Media Small fires Water spray foam dry chemical or CO2

Large fires Water spray fog or foam

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOS MOS16961061

Wear selfcontained breathing apparatus with full protective clothing

Protection of Firefighters

Dangerous when heated to decomposition highly toxic and corrosive fumes of fluorides are emitted Will react with water or steam to produce toxic and COITOSive fumes May generate hydrogen in contact with some metals

SECTION VI

RESPONSE TECHNIQUES

ACCIDENTAL RELEASE MEASURES Small spills Contain spill and stop leak if it can be done without risk Use sodium carbonate or a mixture of soda ash and slaked lime sand or noncombustible absorbent material to soak up material Place in DOTmiddotapproved poly container and dispose of properly

Large spills Use same procedure as above Isolate spill area and deny entry Prevent discharge into waterways and sewers Material may be neutralized with sodium carbonate or a mixture of soda ash and slaked lime Contact proper local state or federal regulatory agencies to ascertain proper disposal techniques and procedures

All waste to be collected in a DOTmiddot IPOlY drum for disposal

= SECTION VII

HANDLING

HANDLING AND STORAGE

Avoid contact with eyes skin and clothing Wash thoroughly after handling Maintain proper hygiene practices when handling this product

STORAGE Use DOT-approved poly drum for storage

SECTION VIII EXPOSURE CONTROLS I PERSONAL PROTECTION

ENGINEERING CONTROLS

Eye wash and shaNer stations should be available where acid is being handled

PERSONAl PROTECTIVE EQUIPMENT (PPE)

EyelFace

Skin

Respiratory

Splash proof goggles and fullmiddotface shield should be worn at all times Acid proof gloves headgear protective shoes and clothing should be worn to Drevent contact Use respiratory for 20ppm or less concentration Use a self-contained breathing apparatus for concentrations of greater than 2Oppm

Other None

GENERAL HYGIENE CONSIDERA nONS

Avoid breathing fumes Avoid ingestion Wash thoroughly after handling Avoid contact with eyes or skin Use in adequate ventilation

EXPOSURE GUIDELINES

OSHA Permissible Exposure Limits (PEL) 25mgFm3

ACGIH Threshold Limit Value (TLV) 25 rng Fm3

Status New Issue ~ate February 3 2006 Section(s) Revised NlA MSDS MOS16961061

SECTION IX PHYSICAL AND CHEMICAL PROPERTIES

Note Unless othetWise stated values in this section are determined at 20middotC (68middotF) and 760 mm Hg (1 aim)

Flash Point Not applicable Flammabilityl Explosive Limits ()

Not applicable

Auto-Ignition Temperature

Not applicable

Appearance Water white to straw yellow liquid

Physical State Liquid

Odor Pungent Molecular Weight of Pure Material

14411g1mol

pH 12 Vapor Pressure (mmHg)

Not applicable

Vapor Density (air=1)

Not applicable

Boiling Point 2223 OF

FreezinglMelting Point Not applicable

Solubility in Water Not applicable 100 soluble in water

Specific Gravity 12

Volatility Not applicable

Bulk Density 98 Ibslfemiddot 25 Sol 77DF

SECTION X STABILITY AND REACTIVITY

Chemical Stability Stable

Conditions to Avoid Avoid all heat sources

Incompatible Materials Avoid contact with metals stoneware strong acids and alkalies explosives toxicants readily oxidizable materials alkali metals combustible solids and organic peroxides

Hazardous Decomposition Products

Extreme temperatures such as a fire cause formation of highly toxic and corrosive fumes of fluorides such as SiF and HF Hydrogen gas may be fonned at temperatures above 227DF

Corrosiveness Attacks silica bearing materials metals and stoneware Hazardous Polymerization

Will not occur

Status New Issue Date February 3 2006 Section(s) Revised NA MSDS MOS16961061

SECTION XI TOXICOLOGICAL INFORMATION

Acute Oral Toxicity 430 mgkg oral-rat LD50

Acute Dermal Toxicity 140 mgkg LOLo (Frog)

Mutagenesis No data available

Target Organ No data available

Developmental Toxicity No data available

Carcinogenicity No data available

SECTION XII ECOLOGICAL INFORMATION

ECOTOXfCOLOGY No data available

SECTION XIII DISPOSAL CONSIDERATIONS

Keep in covered DOT-approved poly drums pending disposal Handle and dispose in full compliance with an applicable Intemational Federal State and Local reQulations

SECTION XIV TRANSPORT INFO

Regulatory Status None established

Proper Shipping Name Hydrofluosilicic Acid

Hazard Class Class 8 (corrosive)

Packing Group II

Identification Number UN1778

Guide Number 154

SECTION XV REGULA TORY INFORMATION

CERClA Not Regulated RCRA 26133 Not Regulated

SARA TI11E III Section 302 Not Regulated (ExemptIons at 40 CFR Pan 370 may apply for agricuIIural use or lor quantllies of less

SectIon 304 Not Regulated Section 3111312 Acute and Chronic

than 10000 pounds _lie) Section 313 Not Regulated NTP tARC OSHA Recommended for Study IARC group 3 Not regulated by OSHA

(PSM) Canada OSL and NDSL On Inventory TSCA On Inventory

Status New Issue Date February 3 2006 SectIon(s) Revised NlA MSOS MOS16961061

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS Usted as Fluorosilicic Acid CBSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUED REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMATION THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are fumished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4001shy1998

Note to (if 8IlpicBble)

Status New Issue Date February 3 2006 Section(s) Revised NlA MSDS MOS16961061

I

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS listed as Fluorosilicic Acid CaSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUEO REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMAnoN THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are furnished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4OO1shy1998

Note to __ (d 8pP1icab1ei

Status New Issue Date February 3 2006 Section(s) Revised NJA MSDS MOS16961061

DATE IIlIMIOOIYYY) nleO

IROOIJ(EII 1-113-623-2330

ACORD CERTIFICATE OF LIABILITY INSURANCE I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERllFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR

Arthur 01 Gallagher Rik ICanagtllaeUt Services 111C

ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW UOO wt Loop South Suite HOD Sou_ton fX 027

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1= I -- POUCYElFECMt POUCY_1IOII UIIfTlI

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OIllER A Pollution (Cla1amp8 ]lacLo) OUIIIJOn8001 11150t 111510 rar Cltm 1000000

OESCtttPT1ONOFOPERATtOIISlOCAtatSVEHlCLBEXCLUSIOtfS ADDED BYCFL EItENT1SfECW PROVISIONS All policy t~ COD4itione ltaittiaa ampad ezclu8iCD8 apply II Aotonio ter ly8t_ b -I 44itioDampl b bullurlld CD the general liability __l1e policibullbull required lty written CODtract

CERTIFICATE HOLDER

_ Antonio t ly8t_ CO Bbia IlPO

It 0 Box 257 Rf 107-1U4-C08-1D71

IIHOUUgtNIt OF ___ IOUCE$III cuocauDlIIFOREntE DPlRATIOII

DAn _ ntE ___~__ TOIIAII 3D DAl1S WNmII

_TO_ CERllFlCAn -oER- TO _ UFT FALlIIE TO DO 110 lIIWL _110 _TfON DR lMKITY OF NIt 1aN0 _ ntE _ IJS _ DR

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~l9~ ACORD 25 (2001108)~~ OACORDCORPORAnON1~

IMPORTANT

If the certifICate holder is an ADDITIONAl INSURED the poUcy(ies) must be endorsed A statement on this certificate does nol confer rights to the certifICate holder in lieu of such endorsement(s)

If SUBROGATION IS WAIVED subject to the teons and conditions of the poHcy certain policies may require an endorsement A statement on this certificate does not OJOfer rights to the certificate holder in lieu of such endorsement(s)

DISCLAIMER

The Certificate of Insurance on the reverse side of this foon does not constitute a contract between the issuing insurer(s) authorized representative or producer and the certificate holder nor does it affinnatively or negatively amend extend or alter the coverage alforded by the policies listed thereon

ACORD 25 (2001108)

SUPPLEMENT TO CERTIFICATE OF INSURANCE I DATE 11180

NAME 01 INSURED PCCO Inc

Addii2Jg1 Ducllio II 00eta1ionslRemafks 1m PWl 1middot

Adcionallnfulmatlon

Ihldornt Pora if Applicable

General Liability

IBOOVBPICOOl Blapkat Additioaal ImIurecl ~ OvDer8yen Le or CODtractor8 a reqlird by

writtaD contract

IB COY BUC 001 Blanket Wiy~ of SUbrogation bullbull required by writtall contraot 4

Auto Liability

ADDL-ZKS-B 0600 Blanket Additional InltureltS a riOqUieltS by _1 U contract

IIAIVlIlI-B ono Blkt WaiT of Subrogation rOqU1reltS by _itten _tract

SUPP (05104)

--

p2Oct 16 09 1212p LARRY YORK 2814466447

-OAte ~Actt CERTIACATE OF INSURANCE 00 t~~m~py~I~HOLDERmiicRTiFiCAn

YORK INSURANCE AGENCY DOES NOT AllliiMO EICTIDIO OR ALTER THE COVERAGE FfOADEO BY TIll POIJCIE8 8IlOWPO BOX 3861

HUMBLE TEXAS 77338 COMPANIES AFFORDING COVERAGE

= A TEXAS MUTUAL INSURANCE COMPANY

~BI

PENCCOINC ~C PO BOX600 SAN FEUPE TEXAS 77473-0600 ~o

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lHIS IS TOCERTlFY THAT THE POICIEJ OFIII$lAAIICG LISTED SEUlWHIW flEENI8SUGO roTtE~GD HAMeD AIIOVEFCRTItI POLIO ~ 1lI00000TGDIIOTmntSTAHOtItG ANY __1fT aIM OR CClIoIDnICIIII Of AIlaquo COHTNIOT OR OTHSI tIOCUMENT WITH Al8IECT ro WIIICII THIS ceAT1F1CA1I _Y IE ISSIJIID OA IMY PERTAIN TtE MURAIICE ~ av TIlE POUCI18 OfICRlIIEO _ IS SUBJECT Ttl JoU TtE TlflWI IIXClu1ONS lIIIO COICgtITIOHI$ Of SUCK POUCIEII LMmI SHOWN IoIAY W _ IlllIlUCIO BY PAlO tlAllol8

co TfHGbull a -r-~rrg~ --- GENE___tE

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fHIIIe 0AMII8E v-r bull tIED tAIV

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_ 0TI(jIft POLICY INCLUDES BLANKET WAIVER OF SUBROGATION I

I

oaClllfnotfOF~ fCCILOCA~nD16

TrOftUL bull

8HDOUI AHt Of _ ~ DEIIIICMEO POCtCfU e ~ IJIiIOCIIE TIll __ DATE _ _ ISSUIHG ClOMPAHY __ TO~

IWL]Loo WRrmM NOTICEro ceR1FJCiAIpound lIQIDEII_lO THE

LEFT lIUT fMJ8 10 lIN 8UOH NO1ICI 8oWL INPOIIE 110 O8UJotlllH 011 LWlLIT OF ICIIIlI UPOIf lIE OOIolPAHY l1li AGEJmI OA _RUlSNTATlYIlamp

Avt___~

( FOR BIDS ONLy) lt ~ shyl~~ flAM) bull -- I - o~ bMMIIXtfbrrnw

10-2008

F281middot629 (ROIl

PampOPltJSoL

TlMEl

DATI

TEllt NO

Y92)

SAN ANTONIO WATER SYSTEM P O BOX 2449

SAN ANTONIO TEXAS 78298middot2449 TABULATION OF BIDS

Annual Contract for Fluoroslficic Acid (February 2 2010 through February 1 2011) 300 pmbull January 19 2010

IlpoundSOlPnON ANOAPPIOlOMATE QUANlTN

ltshyv ltshyltshy

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t~

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1 23 nominal Fluorosilicic Acid UNIT PRICE 4542

0-III 0 Z

e III

~

2 1 ea 23 nominal Fluorosilicic Acid 55 pilon drum

UNIT PRICE 630

3 Split Delivery Fee (stop charge) 227 deliveries UNIT TOTAL 11000

4 Expediated Delivery UNIT PRICE 92500

APPRO~ATETOTAL TOTAL 50000000

Tenns

Delivery Days

1 20 days

5-6 days

1

BID INVITAnONS WERE MAUD TO ANDOR PICKED UP BY

Pennco SAWS Website Napea Chemical Cobull Inc Demandstar OXl UnivarUSA

Page 32: 331 Twisted Wood Dr.coalitionforsafemeters.org/TFSDW/PENNCO_Contract_2010.pdf · At the February 2,2010, meeting of the San Antonio Water System (SAWS) Board of Trustees, you were

POTENTiAl HEALTH EFFECTS

Acute - I Titant Chronic - Degenerative changes in the liver Fluorosis

POTENTIAl ENVIRONMENTAl EFFECTS

None listed

SECTION IV FIRST AID MEASURES

FIRST AID PROCEDURES

Eyes Invnediately flush with plenty of water for at least 15 minutes Get medical attention invnediately

Skin

Invnediately flush with plenty of water Remove contaminated clothing Discard contaminated clothing properly Get medical attention if irritation occurs or persists

Inhated Move to fresh air Administer oxygen Treat symptomatically Get medical attention promptly

Ingestion Give large quantities of water to patient if conscious 00 Not induca vomiting Seek medical attention promptly

NOTE TO PHYSICIAN Not applicable

SECTION V FIRE FIGHTING MEASURES

Flammable Properties

Flash Point Not applicable

Flammability Not applicable

LEUUEL Not applicable

Auto-Ignition Temperature

Not applicable

Extinguishing Media Small fires Water spray foam dry chemical or CO2

Large fires Water spray fog or foam

Status New Issue Date February 3 2006 Section(s) Revised NlA MSOS MOS16961061

Wear selfcontained breathing apparatus with full protective clothing

Protection of Firefighters

Dangerous when heated to decomposition highly toxic and corrosive fumes of fluorides are emitted Will react with water or steam to produce toxic and COITOSive fumes May generate hydrogen in contact with some metals

SECTION VI

RESPONSE TECHNIQUES

ACCIDENTAL RELEASE MEASURES Small spills Contain spill and stop leak if it can be done without risk Use sodium carbonate or a mixture of soda ash and slaked lime sand or noncombustible absorbent material to soak up material Place in DOTmiddotapproved poly container and dispose of properly

Large spills Use same procedure as above Isolate spill area and deny entry Prevent discharge into waterways and sewers Material may be neutralized with sodium carbonate or a mixture of soda ash and slaked lime Contact proper local state or federal regulatory agencies to ascertain proper disposal techniques and procedures

All waste to be collected in a DOTmiddot IPOlY drum for disposal

= SECTION VII

HANDLING

HANDLING AND STORAGE

Avoid contact with eyes skin and clothing Wash thoroughly after handling Maintain proper hygiene practices when handling this product

STORAGE Use DOT-approved poly drum for storage

SECTION VIII EXPOSURE CONTROLS I PERSONAL PROTECTION

ENGINEERING CONTROLS

Eye wash and shaNer stations should be available where acid is being handled

PERSONAl PROTECTIVE EQUIPMENT (PPE)

EyelFace

Skin

Respiratory

Splash proof goggles and fullmiddotface shield should be worn at all times Acid proof gloves headgear protective shoes and clothing should be worn to Drevent contact Use respiratory for 20ppm or less concentration Use a self-contained breathing apparatus for concentrations of greater than 2Oppm

Other None

GENERAL HYGIENE CONSIDERA nONS

Avoid breathing fumes Avoid ingestion Wash thoroughly after handling Avoid contact with eyes or skin Use in adequate ventilation

EXPOSURE GUIDELINES

OSHA Permissible Exposure Limits (PEL) 25mgFm3

ACGIH Threshold Limit Value (TLV) 25 rng Fm3

Status New Issue ~ate February 3 2006 Section(s) Revised NlA MSDS MOS16961061

SECTION IX PHYSICAL AND CHEMICAL PROPERTIES

Note Unless othetWise stated values in this section are determined at 20middotC (68middotF) and 760 mm Hg (1 aim)

Flash Point Not applicable Flammabilityl Explosive Limits ()

Not applicable

Auto-Ignition Temperature

Not applicable

Appearance Water white to straw yellow liquid

Physical State Liquid

Odor Pungent Molecular Weight of Pure Material

14411g1mol

pH 12 Vapor Pressure (mmHg)

Not applicable

Vapor Density (air=1)

Not applicable

Boiling Point 2223 OF

FreezinglMelting Point Not applicable

Solubility in Water Not applicable 100 soluble in water

Specific Gravity 12

Volatility Not applicable

Bulk Density 98 Ibslfemiddot 25 Sol 77DF

SECTION X STABILITY AND REACTIVITY

Chemical Stability Stable

Conditions to Avoid Avoid all heat sources

Incompatible Materials Avoid contact with metals stoneware strong acids and alkalies explosives toxicants readily oxidizable materials alkali metals combustible solids and organic peroxides

Hazardous Decomposition Products

Extreme temperatures such as a fire cause formation of highly toxic and corrosive fumes of fluorides such as SiF and HF Hydrogen gas may be fonned at temperatures above 227DF

Corrosiveness Attacks silica bearing materials metals and stoneware Hazardous Polymerization

Will not occur

Status New Issue Date February 3 2006 Section(s) Revised NA MSDS MOS16961061

SECTION XI TOXICOLOGICAL INFORMATION

Acute Oral Toxicity 430 mgkg oral-rat LD50

Acute Dermal Toxicity 140 mgkg LOLo (Frog)

Mutagenesis No data available

Target Organ No data available

Developmental Toxicity No data available

Carcinogenicity No data available

SECTION XII ECOLOGICAL INFORMATION

ECOTOXfCOLOGY No data available

SECTION XIII DISPOSAL CONSIDERATIONS

Keep in covered DOT-approved poly drums pending disposal Handle and dispose in full compliance with an applicable Intemational Federal State and Local reQulations

SECTION XIV TRANSPORT INFO

Regulatory Status None established

Proper Shipping Name Hydrofluosilicic Acid

Hazard Class Class 8 (corrosive)

Packing Group II

Identification Number UN1778

Guide Number 154

SECTION XV REGULA TORY INFORMATION

CERClA Not Regulated RCRA 26133 Not Regulated

SARA TI11E III Section 302 Not Regulated (ExemptIons at 40 CFR Pan 370 may apply for agricuIIural use or lor quantllies of less

SectIon 304 Not Regulated Section 3111312 Acute and Chronic

than 10000 pounds _lie) Section 313 Not Regulated NTP tARC OSHA Recommended for Study IARC group 3 Not regulated by OSHA

(PSM) Canada OSL and NDSL On Inventory TSCA On Inventory

Status New Issue Date February 3 2006 SectIon(s) Revised NlA MSOS MOS16961061

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS Usted as Fluorosilicic Acid CBSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUED REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMATION THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are fumished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4001shy1998

Note to (if 8IlpicBble)

Status New Issue Date February 3 2006 Section(s) Revised NlA MSDS MOS16961061

I

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS listed as Fluorosilicic Acid CaSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUEO REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMAnoN THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are furnished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4OO1shy1998

Note to __ (d 8pP1icab1ei

Status New Issue Date February 3 2006 Section(s) Revised NJA MSDS MOS16961061

DATE IIlIMIOOIYYY) nleO

IROOIJ(EII 1-113-623-2330

ACORD CERTIFICATE OF LIABILITY INSURANCE I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERllFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR

Arthur 01 Gallagher Rik ICanagtllaeUt Services 111C

ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW UOO wt Loop South Suite HOD Sou_ton fX 027

INSURERS AFFORDING COVERAGE HAIC bull

~ 1ROII_ SPlICIALTY INS CO 25U5shyPeneco Inc ~

~DDLAlm DIlII CO 37303

PO fiOO tNSURERC

lNSORERO

IHSURERE

San Pelipe rx 77477

COVERAGES THE POUCIES Of INSIIRAHCE USTeD BELOW HAVE BEEN ISSUEllTO THE INSURED NAMED ASOVE FOR THE POlICY PERIOD INDICATeD NOTWITHSTANDING AtIY REQUIREMENT TERM OR COtlDmON OF AtIY CONTRACT OR OTHER OOCUMENT WITH RESPECT TO WHICH THIS CERTIlICATE MAY BE ISSUEO OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POlICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS EXCLUSIONS AND CONDIOONS Of SUCH POUCIESAGGREGATE UNITS SHOWN MAY HAVE BEEN REllUCED BY PAlDClAIMS

1= I -- POUCYElFECMt POUCY_1IOII UIIfTlI

AI GENEAAI LWllUIY lOlXBHOUe001 111509 111510 EACH OCQJRAENCE 5 1 000000rc= I~OJEI~~t5W1RWLGE_tWIIUTY I $500000

I- CUllMSMAOE 0 OCXUR i WlDEXPfNw _1 $25000

PERSONAL ampNgtV1NJURf $ 1000000 l-

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[shy_AGGREGATE $2000000

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POLICY~ lDC

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c-ALlOWHEOAlllOS 1ODIl_

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AUTOONLY - S

A EXCEsSllJlllllllllLUAIIIIITY OUIIIJ0918002 111509 111510 EACHDCCIJRREMCE $ 4000000

TIDCCUII D aAlMS IWlE AGGIIpoundGIOTE $ bullbull 000000

$=DEOUCTlIIU $

X REtENTlOH 10000 S

_COIIIPBISATIOIIANII l~~~r JoJit EMPLOYBIII-m

ANY~ EL EACHAQC10EHT S

~RexaUDIOI ELIlISEASEmiddotEAe~ S

~~- E OI$EASE POUCt lMf $

OIllER A Pollution (Cla1amp8 ]lacLo) OUIIIJOn8001 11150t 111510 rar Cltm 1000000

OESCtttPT1ONOFOPERATtOIISlOCAtatSVEHlCLBEXCLUSIOtfS ADDED BYCFL EItENT1SfECW PROVISIONS All policy t~ COD4itione ltaittiaa ampad ezclu8iCD8 apply II Aotonio ter ly8t_ b -I 44itioDampl b bullurlld CD the general liability __l1e policibullbull required lty written CODtract

CERTIFICATE HOLDER

_ Antonio t ly8t_ CO Bbia IlPO

It 0 Box 257 Rf 107-1U4-C08-1D71

IIHOUUgtNIt OF ___ IOUCE$III cuocauDlIIFOREntE DPlRATIOII

DAn _ ntE ___~__ TOIIAII 3D DAl1S WNmII

_TO_ CERllFlCAn -oER- TO _ UFT FALlIIE TO DO 110 lIIWL _110 _TfON DR lMKITY OF NIt 1aN0 _ ntE _ IJS _ DR

IIIIIIIBampIIfA1MS

Portland XI 5-0257 liSA

AImIOIIIZED~AIM

~l9~ ACORD 25 (2001108)~~ OACORDCORPORAnON1~

IMPORTANT

If the certifICate holder is an ADDITIONAl INSURED the poUcy(ies) must be endorsed A statement on this certificate does nol confer rights to the certifICate holder in lieu of such endorsement(s)

If SUBROGATION IS WAIVED subject to the teons and conditions of the poHcy certain policies may require an endorsement A statement on this certificate does not OJOfer rights to the certificate holder in lieu of such endorsement(s)

DISCLAIMER

The Certificate of Insurance on the reverse side of this foon does not constitute a contract between the issuing insurer(s) authorized representative or producer and the certificate holder nor does it affinnatively or negatively amend extend or alter the coverage alforded by the policies listed thereon

ACORD 25 (2001108)

SUPPLEMENT TO CERTIFICATE OF INSURANCE I DATE 11180

NAME 01 INSURED PCCO Inc

Addii2Jg1 Ducllio II 00eta1ionslRemafks 1m PWl 1middot

Adcionallnfulmatlon

Ihldornt Pora if Applicable

General Liability

IBOOVBPICOOl Blapkat Additioaal ImIurecl ~ OvDer8yen Le or CODtractor8 a reqlird by

writtaD contract

IB COY BUC 001 Blanket Wiy~ of SUbrogation bullbull required by writtall contraot 4

Auto Liability

ADDL-ZKS-B 0600 Blanket Additional InltureltS a riOqUieltS by _1 U contract

IIAIVlIlI-B ono Blkt WaiT of Subrogation rOqU1reltS by _itten _tract

SUPP (05104)

--

p2Oct 16 09 1212p LARRY YORK 2814466447

-OAte ~Actt CERTIACATE OF INSURANCE 00 t~~m~py~I~HOLDERmiicRTiFiCAn

YORK INSURANCE AGENCY DOES NOT AllliiMO EICTIDIO OR ALTER THE COVERAGE FfOADEO BY TIll POIJCIE8 8IlOWPO BOX 3861

HUMBLE TEXAS 77338 COMPANIES AFFORDING COVERAGE

= A TEXAS MUTUAL INSURANCE COMPANY

~BI

PENCCOINC ~C PO BOX600 SAN FEUPE TEXAS 77473-0600 ~o

~E -

lHIS IS TOCERTlFY THAT THE POICIEJ OFIII$lAAIICG LISTED SEUlWHIW flEENI8SUGO roTtE~GD HAMeD AIIOVEFCRTItI POLIO ~ 1lI00000TGDIIOTmntSTAHOtItG ANY __1fT aIM OR CClIoIDnICIIII Of AIlaquo COHTNIOT OR OTHSI tIOCUMENT WITH Al8IECT ro WIIICII THIS ceAT1F1CA1I _Y IE ISSIJIID OA IMY PERTAIN TtE MURAIICE ~ av TIlE POUCI18 OfICRlIIEO _ IS SUBJECT Ttl JoU TtE TlflWI IIXClu1ONS lIIIO COICgtITIOHI$ Of SUCK POUCIEII LMmI SHOWN IoIAY W _ IlllIlUCIO BY PAlO tlAllol8

co TfHGbull a -r-~rrg~ --- GENE___tE

bull ---ITT~ERalLOIHJIIlM LtAaIUTY ~~lDCL bullClMOC_ OCCUR PERSONAl amp ADI lNJUIIIy bull i(llWffllllampO~C)T~ EMHOCCt_a bull

fHIIIe 0AMII8E v-r bull tIED tAIV

---au LIamplMT~JIIIO

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-~

bull___UlICAil _OCC~

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_ 0TI(jIft POLICY INCLUDES BLANKET WAIVER OF SUBROGATION I

I

oaClllfnotfOF~ fCCILOCA~nD16

TrOftUL bull

8HDOUI AHt Of _ ~ DEIIIICMEO POCtCfU e ~ IJIiIOCIIE TIll __ DATE _ _ ISSUIHG ClOMPAHY __ TO~

IWL]Loo WRrmM NOTICEro ceR1FJCiAIpound lIQIDEII_lO THE

LEFT lIUT fMJ8 10 lIN 8UOH NO1ICI 8oWL INPOIIE 110 O8UJotlllH 011 LWlLIT OF ICIIIlI UPOIf lIE OOIolPAHY l1li AGEJmI OA _RUlSNTATlYIlamp

Avt___~

( FOR BIDS ONLy) lt ~ shyl~~ flAM) bull -- I - o~ bMMIIXtfbrrnw

10-2008

F281middot629 (ROIl

PampOPltJSoL

TlMEl

DATI

TEllt NO

Y92)

SAN ANTONIO WATER SYSTEM P O BOX 2449

SAN ANTONIO TEXAS 78298middot2449 TABULATION OF BIDS

Annual Contract for Fluoroslficic Acid (February 2 2010 through February 1 2011) 300 pmbull January 19 2010

IlpoundSOlPnON ANOAPPIOlOMATE QUANlTN

ltshyv ltshyltshy

y sect ~ oS gtlt 8 8~ ~ 5Q~

-d =alN

t~

t~ ] g

gtlt~l Q~Z

N ~~

a~5 bull

u ~lZlJ~ __

~ ~ 2 ~ ~ JvlZl

1 23 nominal Fluorosilicic Acid UNIT PRICE 4542

0-III 0 Z

e III

~

2 1 ea 23 nominal Fluorosilicic Acid 55 pilon drum

UNIT PRICE 630

3 Split Delivery Fee (stop charge) 227 deliveries UNIT TOTAL 11000

4 Expediated Delivery UNIT PRICE 92500

APPRO~ATETOTAL TOTAL 50000000

Tenns

Delivery Days

1 20 days

5-6 days

1

BID INVITAnONS WERE MAUD TO ANDOR PICKED UP BY

Pennco SAWS Website Napea Chemical Cobull Inc Demandstar OXl UnivarUSA

Page 33: 331 Twisted Wood Dr.coalitionforsafemeters.org/TFSDW/PENNCO_Contract_2010.pdf · At the February 2,2010, meeting of the San Antonio Water System (SAWS) Board of Trustees, you were

Wear selfcontained breathing apparatus with full protective clothing

Protection of Firefighters

Dangerous when heated to decomposition highly toxic and corrosive fumes of fluorides are emitted Will react with water or steam to produce toxic and COITOSive fumes May generate hydrogen in contact with some metals

SECTION VI

RESPONSE TECHNIQUES

ACCIDENTAL RELEASE MEASURES Small spills Contain spill and stop leak if it can be done without risk Use sodium carbonate or a mixture of soda ash and slaked lime sand or noncombustible absorbent material to soak up material Place in DOTmiddotapproved poly container and dispose of properly

Large spills Use same procedure as above Isolate spill area and deny entry Prevent discharge into waterways and sewers Material may be neutralized with sodium carbonate or a mixture of soda ash and slaked lime Contact proper local state or federal regulatory agencies to ascertain proper disposal techniques and procedures

All waste to be collected in a DOTmiddot IPOlY drum for disposal

= SECTION VII

HANDLING

HANDLING AND STORAGE

Avoid contact with eyes skin and clothing Wash thoroughly after handling Maintain proper hygiene practices when handling this product

STORAGE Use DOT-approved poly drum for storage

SECTION VIII EXPOSURE CONTROLS I PERSONAL PROTECTION

ENGINEERING CONTROLS

Eye wash and shaNer stations should be available where acid is being handled

PERSONAl PROTECTIVE EQUIPMENT (PPE)

EyelFace

Skin

Respiratory

Splash proof goggles and fullmiddotface shield should be worn at all times Acid proof gloves headgear protective shoes and clothing should be worn to Drevent contact Use respiratory for 20ppm or less concentration Use a self-contained breathing apparatus for concentrations of greater than 2Oppm

Other None

GENERAL HYGIENE CONSIDERA nONS

Avoid breathing fumes Avoid ingestion Wash thoroughly after handling Avoid contact with eyes or skin Use in adequate ventilation

EXPOSURE GUIDELINES

OSHA Permissible Exposure Limits (PEL) 25mgFm3

ACGIH Threshold Limit Value (TLV) 25 rng Fm3

Status New Issue ~ate February 3 2006 Section(s) Revised NlA MSDS MOS16961061

SECTION IX PHYSICAL AND CHEMICAL PROPERTIES

Note Unless othetWise stated values in this section are determined at 20middotC (68middotF) and 760 mm Hg (1 aim)

Flash Point Not applicable Flammabilityl Explosive Limits ()

Not applicable

Auto-Ignition Temperature

Not applicable

Appearance Water white to straw yellow liquid

Physical State Liquid

Odor Pungent Molecular Weight of Pure Material

14411g1mol

pH 12 Vapor Pressure (mmHg)

Not applicable

Vapor Density (air=1)

Not applicable

Boiling Point 2223 OF

FreezinglMelting Point Not applicable

Solubility in Water Not applicable 100 soluble in water

Specific Gravity 12

Volatility Not applicable

Bulk Density 98 Ibslfemiddot 25 Sol 77DF

SECTION X STABILITY AND REACTIVITY

Chemical Stability Stable

Conditions to Avoid Avoid all heat sources

Incompatible Materials Avoid contact with metals stoneware strong acids and alkalies explosives toxicants readily oxidizable materials alkali metals combustible solids and organic peroxides

Hazardous Decomposition Products

Extreme temperatures such as a fire cause formation of highly toxic and corrosive fumes of fluorides such as SiF and HF Hydrogen gas may be fonned at temperatures above 227DF

Corrosiveness Attacks silica bearing materials metals and stoneware Hazardous Polymerization

Will not occur

Status New Issue Date February 3 2006 Section(s) Revised NA MSDS MOS16961061

SECTION XI TOXICOLOGICAL INFORMATION

Acute Oral Toxicity 430 mgkg oral-rat LD50

Acute Dermal Toxicity 140 mgkg LOLo (Frog)

Mutagenesis No data available

Target Organ No data available

Developmental Toxicity No data available

Carcinogenicity No data available

SECTION XII ECOLOGICAL INFORMATION

ECOTOXfCOLOGY No data available

SECTION XIII DISPOSAL CONSIDERATIONS

Keep in covered DOT-approved poly drums pending disposal Handle and dispose in full compliance with an applicable Intemational Federal State and Local reQulations

SECTION XIV TRANSPORT INFO

Regulatory Status None established

Proper Shipping Name Hydrofluosilicic Acid

Hazard Class Class 8 (corrosive)

Packing Group II

Identification Number UN1778

Guide Number 154

SECTION XV REGULA TORY INFORMATION

CERClA Not Regulated RCRA 26133 Not Regulated

SARA TI11E III Section 302 Not Regulated (ExemptIons at 40 CFR Pan 370 may apply for agricuIIural use or lor quantllies of less

SectIon 304 Not Regulated Section 3111312 Acute and Chronic

than 10000 pounds _lie) Section 313 Not Regulated NTP tARC OSHA Recommended for Study IARC group 3 Not regulated by OSHA

(PSM) Canada OSL and NDSL On Inventory TSCA On Inventory

Status New Issue Date February 3 2006 SectIon(s) Revised NlA MSOS MOS16961061

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS Usted as Fluorosilicic Acid CBSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUED REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMATION THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are fumished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4001shy1998

Note to (if 8IlpicBble)

Status New Issue Date February 3 2006 Section(s) Revised NlA MSDS MOS16961061

I

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS listed as Fluorosilicic Acid CaSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUEO REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMAnoN THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are furnished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4OO1shy1998

Note to __ (d 8pP1icab1ei

Status New Issue Date February 3 2006 Section(s) Revised NJA MSDS MOS16961061

DATE IIlIMIOOIYYY) nleO

IROOIJ(EII 1-113-623-2330

ACORD CERTIFICATE OF LIABILITY INSURANCE I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERllFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR

Arthur 01 Gallagher Rik ICanagtllaeUt Services 111C

ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW UOO wt Loop South Suite HOD Sou_ton fX 027

INSURERS AFFORDING COVERAGE HAIC bull

~ 1ROII_ SPlICIALTY INS CO 25U5shyPeneco Inc ~

~DDLAlm DIlII CO 37303

PO fiOO tNSURERC

lNSORERO

IHSURERE

San Pelipe rx 77477

COVERAGES THE POUCIES Of INSIIRAHCE USTeD BELOW HAVE BEEN ISSUEllTO THE INSURED NAMED ASOVE FOR THE POlICY PERIOD INDICATeD NOTWITHSTANDING AtIY REQUIREMENT TERM OR COtlDmON OF AtIY CONTRACT OR OTHER OOCUMENT WITH RESPECT TO WHICH THIS CERTIlICATE MAY BE ISSUEO OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POlICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS EXCLUSIONS AND CONDIOONS Of SUCH POUCIESAGGREGATE UNITS SHOWN MAY HAVE BEEN REllUCED BY PAlDClAIMS

1= I -- POUCYElFECMt POUCY_1IOII UIIfTlI

AI GENEAAI LWllUIY lOlXBHOUe001 111509 111510 EACH OCQJRAENCE 5 1 000000rc= I~OJEI~~t5W1RWLGE_tWIIUTY I $500000

I- CUllMSMAOE 0 OCXUR i WlDEXPfNw _1 $25000

PERSONAL ampNgtV1NJURf $ 1000000 l-

I

[shy_AGGREGATE $2000000

n-7rf~r-r~reR PRQOIJCT$ COMPIOP Aoo 52000000

POLICY~ lDC

III ~UAIIIUTY RICISOO010fiO 111505 111510 COMBINEtgtSINGlE UNIT

~lYAUTO CE-I 1000000

c-ALlOWHEOAlllOS 1ODIl_

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lYAIITO OTHER

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AUTOONLY - S

A EXCEsSllJlllllllllLUAIIIIITY OUIIIJ0918002 111509 111510 EACHDCCIJRREMCE $ 4000000

TIDCCUII D aAlMS IWlE AGGIIpoundGIOTE $ bullbull 000000

$=DEOUCTlIIU $

X REtENTlOH 10000 S

_COIIIPBISATIOIIANII l~~~r JoJit EMPLOYBIII-m

ANY~ EL EACHAQC10EHT S

~RexaUDIOI ELIlISEASEmiddotEAe~ S

~~- E OI$EASE POUCt lMf $

OIllER A Pollution (Cla1amp8 ]lacLo) OUIIIJOn8001 11150t 111510 rar Cltm 1000000

OESCtttPT1ONOFOPERATtOIISlOCAtatSVEHlCLBEXCLUSIOtfS ADDED BYCFL EItENT1SfECW PROVISIONS All policy t~ COD4itione ltaittiaa ampad ezclu8iCD8 apply II Aotonio ter ly8t_ b -I 44itioDampl b bullurlld CD the general liability __l1e policibullbull required lty written CODtract

CERTIFICATE HOLDER

_ Antonio t ly8t_ CO Bbia IlPO

It 0 Box 257 Rf 107-1U4-C08-1D71

IIHOUUgtNIt OF ___ IOUCE$III cuocauDlIIFOREntE DPlRATIOII

DAn _ ntE ___~__ TOIIAII 3D DAl1S WNmII

_TO_ CERllFlCAn -oER- TO _ UFT FALlIIE TO DO 110 lIIWL _110 _TfON DR lMKITY OF NIt 1aN0 _ ntE _ IJS _ DR

IIIIIIIBampIIfA1MS

Portland XI 5-0257 liSA

AImIOIIIZED~AIM

~l9~ ACORD 25 (2001108)~~ OACORDCORPORAnON1~

IMPORTANT

If the certifICate holder is an ADDITIONAl INSURED the poUcy(ies) must be endorsed A statement on this certificate does nol confer rights to the certifICate holder in lieu of such endorsement(s)

If SUBROGATION IS WAIVED subject to the teons and conditions of the poHcy certain policies may require an endorsement A statement on this certificate does not OJOfer rights to the certificate holder in lieu of such endorsement(s)

DISCLAIMER

The Certificate of Insurance on the reverse side of this foon does not constitute a contract between the issuing insurer(s) authorized representative or producer and the certificate holder nor does it affinnatively or negatively amend extend or alter the coverage alforded by the policies listed thereon

ACORD 25 (2001108)

SUPPLEMENT TO CERTIFICATE OF INSURANCE I DATE 11180

NAME 01 INSURED PCCO Inc

Addii2Jg1 Ducllio II 00eta1ionslRemafks 1m PWl 1middot

Adcionallnfulmatlon

Ihldornt Pora if Applicable

General Liability

IBOOVBPICOOl Blapkat Additioaal ImIurecl ~ OvDer8yen Le or CODtractor8 a reqlird by

writtaD contract

IB COY BUC 001 Blanket Wiy~ of SUbrogation bullbull required by writtall contraot 4

Auto Liability

ADDL-ZKS-B 0600 Blanket Additional InltureltS a riOqUieltS by _1 U contract

IIAIVlIlI-B ono Blkt WaiT of Subrogation rOqU1reltS by _itten _tract

SUPP (05104)

--

p2Oct 16 09 1212p LARRY YORK 2814466447

-OAte ~Actt CERTIACATE OF INSURANCE 00 t~~m~py~I~HOLDERmiicRTiFiCAn

YORK INSURANCE AGENCY DOES NOT AllliiMO EICTIDIO OR ALTER THE COVERAGE FfOADEO BY TIll POIJCIE8 8IlOWPO BOX 3861

HUMBLE TEXAS 77338 COMPANIES AFFORDING COVERAGE

= A TEXAS MUTUAL INSURANCE COMPANY

~BI

PENCCOINC ~C PO BOX600 SAN FEUPE TEXAS 77473-0600 ~o

~E -

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co TfHGbull a -r-~rrg~ --- GENE___tE

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fHIIIe 0AMII8E v-r bull tIED tAIV

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8HDOUI AHt Of _ ~ DEIIIICMEO POCtCfU e ~ IJIiIOCIIE TIll __ DATE _ _ ISSUIHG ClOMPAHY __ TO~

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LEFT lIUT fMJ8 10 lIN 8UOH NO1ICI 8oWL INPOIIE 110 O8UJotlllH 011 LWlLIT OF ICIIIlI UPOIf lIE OOIolPAHY l1li AGEJmI OA _RUlSNTATlYIlamp

Avt___~

( FOR BIDS ONLy) lt ~ shyl~~ flAM) bull -- I - o~ bMMIIXtfbrrnw

10-2008

F281middot629 (ROIl

PampOPltJSoL

TlMEl

DATI

TEllt NO

Y92)

SAN ANTONIO WATER SYSTEM P O BOX 2449

SAN ANTONIO TEXAS 78298middot2449 TABULATION OF BIDS

Annual Contract for Fluoroslficic Acid (February 2 2010 through February 1 2011) 300 pmbull January 19 2010

IlpoundSOlPnON ANOAPPIOlOMATE QUANlTN

ltshyv ltshyltshy

y sect ~ oS gtlt 8 8~ ~ 5Q~

-d =alN

t~

t~ ] g

gtlt~l Q~Z

N ~~

a~5 bull

u ~lZlJ~ __

~ ~ 2 ~ ~ JvlZl

1 23 nominal Fluorosilicic Acid UNIT PRICE 4542

0-III 0 Z

e III

~

2 1 ea 23 nominal Fluorosilicic Acid 55 pilon drum

UNIT PRICE 630

3 Split Delivery Fee (stop charge) 227 deliveries UNIT TOTAL 11000

4 Expediated Delivery UNIT PRICE 92500

APPRO~ATETOTAL TOTAL 50000000

Tenns

Delivery Days

1 20 days

5-6 days

1

BID INVITAnONS WERE MAUD TO ANDOR PICKED UP BY

Pennco SAWS Website Napea Chemical Cobull Inc Demandstar OXl UnivarUSA

Page 34: 331 Twisted Wood Dr.coalitionforsafemeters.org/TFSDW/PENNCO_Contract_2010.pdf · At the February 2,2010, meeting of the San Antonio Water System (SAWS) Board of Trustees, you were

SECTION IX PHYSICAL AND CHEMICAL PROPERTIES

Note Unless othetWise stated values in this section are determined at 20middotC (68middotF) and 760 mm Hg (1 aim)

Flash Point Not applicable Flammabilityl Explosive Limits ()

Not applicable

Auto-Ignition Temperature

Not applicable

Appearance Water white to straw yellow liquid

Physical State Liquid

Odor Pungent Molecular Weight of Pure Material

14411g1mol

pH 12 Vapor Pressure (mmHg)

Not applicable

Vapor Density (air=1)

Not applicable

Boiling Point 2223 OF

FreezinglMelting Point Not applicable

Solubility in Water Not applicable 100 soluble in water

Specific Gravity 12

Volatility Not applicable

Bulk Density 98 Ibslfemiddot 25 Sol 77DF

SECTION X STABILITY AND REACTIVITY

Chemical Stability Stable

Conditions to Avoid Avoid all heat sources

Incompatible Materials Avoid contact with metals stoneware strong acids and alkalies explosives toxicants readily oxidizable materials alkali metals combustible solids and organic peroxides

Hazardous Decomposition Products

Extreme temperatures such as a fire cause formation of highly toxic and corrosive fumes of fluorides such as SiF and HF Hydrogen gas may be fonned at temperatures above 227DF

Corrosiveness Attacks silica bearing materials metals and stoneware Hazardous Polymerization

Will not occur

Status New Issue Date February 3 2006 Section(s) Revised NA MSDS MOS16961061

SECTION XI TOXICOLOGICAL INFORMATION

Acute Oral Toxicity 430 mgkg oral-rat LD50

Acute Dermal Toxicity 140 mgkg LOLo (Frog)

Mutagenesis No data available

Target Organ No data available

Developmental Toxicity No data available

Carcinogenicity No data available

SECTION XII ECOLOGICAL INFORMATION

ECOTOXfCOLOGY No data available

SECTION XIII DISPOSAL CONSIDERATIONS

Keep in covered DOT-approved poly drums pending disposal Handle and dispose in full compliance with an applicable Intemational Federal State and Local reQulations

SECTION XIV TRANSPORT INFO

Regulatory Status None established

Proper Shipping Name Hydrofluosilicic Acid

Hazard Class Class 8 (corrosive)

Packing Group II

Identification Number UN1778

Guide Number 154

SECTION XV REGULA TORY INFORMATION

CERClA Not Regulated RCRA 26133 Not Regulated

SARA TI11E III Section 302 Not Regulated (ExemptIons at 40 CFR Pan 370 may apply for agricuIIural use or lor quantllies of less

SectIon 304 Not Regulated Section 3111312 Acute and Chronic

than 10000 pounds _lie) Section 313 Not Regulated NTP tARC OSHA Recommended for Study IARC group 3 Not regulated by OSHA

(PSM) Canada OSL and NDSL On Inventory TSCA On Inventory

Status New Issue Date February 3 2006 SectIon(s) Revised NlA MSOS MOS16961061

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS Usted as Fluorosilicic Acid CBSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUED REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMATION THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are fumished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4001shy1998

Note to (if 8IlpicBble)

Status New Issue Date February 3 2006 Section(s) Revised NlA MSDS MOS16961061

I

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS listed as Fluorosilicic Acid CaSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUEO REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMAnoN THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are furnished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4OO1shy1998

Note to __ (d 8pP1icab1ei

Status New Issue Date February 3 2006 Section(s) Revised NJA MSDS MOS16961061

DATE IIlIMIOOIYYY) nleO

IROOIJ(EII 1-113-623-2330

ACORD CERTIFICATE OF LIABILITY INSURANCE I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERllFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR

Arthur 01 Gallagher Rik ICanagtllaeUt Services 111C

ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW UOO wt Loop South Suite HOD Sou_ton fX 027

INSURERS AFFORDING COVERAGE HAIC bull

~ 1ROII_ SPlICIALTY INS CO 25U5shyPeneco Inc ~

~DDLAlm DIlII CO 37303

PO fiOO tNSURERC

lNSORERO

IHSURERE

San Pelipe rx 77477

COVERAGES THE POUCIES Of INSIIRAHCE USTeD BELOW HAVE BEEN ISSUEllTO THE INSURED NAMED ASOVE FOR THE POlICY PERIOD INDICATeD NOTWITHSTANDING AtIY REQUIREMENT TERM OR COtlDmON OF AtIY CONTRACT OR OTHER OOCUMENT WITH RESPECT TO WHICH THIS CERTIlICATE MAY BE ISSUEO OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POlICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS EXCLUSIONS AND CONDIOONS Of SUCH POUCIESAGGREGATE UNITS SHOWN MAY HAVE BEEN REllUCED BY PAlDClAIMS

1= I -- POUCYElFECMt POUCY_1IOII UIIfTlI

AI GENEAAI LWllUIY lOlXBHOUe001 111509 111510 EACH OCQJRAENCE 5 1 000000rc= I~OJEI~~t5W1RWLGE_tWIIUTY I $500000

I- CUllMSMAOE 0 OCXUR i WlDEXPfNw _1 $25000

PERSONAL ampNgtV1NJURf $ 1000000 l-

I

[shy_AGGREGATE $2000000

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POLICY~ lDC

III ~UAIIIUTY RICISOO010fiO 111505 111510 COMBINEtgtSINGlE UNIT

~lYAUTO CE-I 1000000

c-ALlOWHEOAlllOS 1ODIl_

~ SCHpoundOlIEOAlfOS

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~ HlREOAOTOS 8ODLYIftfJURV S

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lYAIITO OTHER

EANX S w

AUTOONLY - S

A EXCEsSllJlllllllllLUAIIIIITY OUIIIJ0918002 111509 111510 EACHDCCIJRREMCE $ 4000000

TIDCCUII D aAlMS IWlE AGGIIpoundGIOTE $ bullbull 000000

$=DEOUCTlIIU $

X REtENTlOH 10000 S

_COIIIPBISATIOIIANII l~~~r JoJit EMPLOYBIII-m

ANY~ EL EACHAQC10EHT S

~RexaUDIOI ELIlISEASEmiddotEAe~ S

~~- E OI$EASE POUCt lMf $

OIllER A Pollution (Cla1amp8 ]lacLo) OUIIIJOn8001 11150t 111510 rar Cltm 1000000

OESCtttPT1ONOFOPERATtOIISlOCAtatSVEHlCLBEXCLUSIOtfS ADDED BYCFL EItENT1SfECW PROVISIONS All policy t~ COD4itione ltaittiaa ampad ezclu8iCD8 apply II Aotonio ter ly8t_ b -I 44itioDampl b bullurlld CD the general liability __l1e policibullbull required lty written CODtract

CERTIFICATE HOLDER

_ Antonio t ly8t_ CO Bbia IlPO

It 0 Box 257 Rf 107-1U4-C08-1D71

IIHOUUgtNIt OF ___ IOUCE$III cuocauDlIIFOREntE DPlRATIOII

DAn _ ntE ___~__ TOIIAII 3D DAl1S WNmII

_TO_ CERllFlCAn -oER- TO _ UFT FALlIIE TO DO 110 lIIWL _110 _TfON DR lMKITY OF NIt 1aN0 _ ntE _ IJS _ DR

IIIIIIIBampIIfA1MS

Portland XI 5-0257 liSA

AImIOIIIZED~AIM

~l9~ ACORD 25 (2001108)~~ OACORDCORPORAnON1~

IMPORTANT

If the certifICate holder is an ADDITIONAl INSURED the poUcy(ies) must be endorsed A statement on this certificate does nol confer rights to the certifICate holder in lieu of such endorsement(s)

If SUBROGATION IS WAIVED subject to the teons and conditions of the poHcy certain policies may require an endorsement A statement on this certificate does not OJOfer rights to the certificate holder in lieu of such endorsement(s)

DISCLAIMER

The Certificate of Insurance on the reverse side of this foon does not constitute a contract between the issuing insurer(s) authorized representative or producer and the certificate holder nor does it affinnatively or negatively amend extend or alter the coverage alforded by the policies listed thereon

ACORD 25 (2001108)

SUPPLEMENT TO CERTIFICATE OF INSURANCE I DATE 11180

NAME 01 INSURED PCCO Inc

Addii2Jg1 Ducllio II 00eta1ionslRemafks 1m PWl 1middot

Adcionallnfulmatlon

Ihldornt Pora if Applicable

General Liability

IBOOVBPICOOl Blapkat Additioaal ImIurecl ~ OvDer8yen Le or CODtractor8 a reqlird by

writtaD contract

IB COY BUC 001 Blanket Wiy~ of SUbrogation bullbull required by writtall contraot 4

Auto Liability

ADDL-ZKS-B 0600 Blanket Additional InltureltS a riOqUieltS by _1 U contract

IIAIVlIlI-B ono Blkt WaiT of Subrogation rOqU1reltS by _itten _tract

SUPP (05104)

--

p2Oct 16 09 1212p LARRY YORK 2814466447

-OAte ~Actt CERTIACATE OF INSURANCE 00 t~~m~py~I~HOLDERmiicRTiFiCAn

YORK INSURANCE AGENCY DOES NOT AllliiMO EICTIDIO OR ALTER THE COVERAGE FfOADEO BY TIll POIJCIE8 8IlOWPO BOX 3861

HUMBLE TEXAS 77338 COMPANIES AFFORDING COVERAGE

= A TEXAS MUTUAL INSURANCE COMPANY

~BI

PENCCOINC ~C PO BOX600 SAN FEUPE TEXAS 77473-0600 ~o

~E -

lHIS IS TOCERTlFY THAT THE POICIEJ OFIII$lAAIICG LISTED SEUlWHIW flEENI8SUGO roTtE~GD HAMeD AIIOVEFCRTItI POLIO ~ 1lI00000TGDIIOTmntSTAHOtItG ANY __1fT aIM OR CClIoIDnICIIII Of AIlaquo COHTNIOT OR OTHSI tIOCUMENT WITH Al8IECT ro WIIICII THIS ceAT1F1CA1I _Y IE ISSIJIID OA IMY PERTAIN TtE MURAIICE ~ av TIlE POUCI18 OfICRlIIEO _ IS SUBJECT Ttl JoU TtE TlflWI IIXClu1ONS lIIIO COICgtITIOHI$ Of SUCK POUCIEII LMmI SHOWN IoIAY W _ IlllIlUCIO BY PAlO tlAllol8

co TfHGbull a -r-~rrg~ --- GENE___tE

bull ---ITT~ERalLOIHJIIlM LtAaIUTY ~~lDCL bullClMOC_ OCCUR PERSONAl amp ADI lNJUIIIy bull i(llWffllllampO~C)T~ EMHOCCt_a bull

fHIIIe 0AMII8E v-r bull tIED tAIV

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-~

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_ 0TI(jIft POLICY INCLUDES BLANKET WAIVER OF SUBROGATION I

I

oaClllfnotfOF~ fCCILOCA~nD16

TrOftUL bull

8HDOUI AHt Of _ ~ DEIIIICMEO POCtCfU e ~ IJIiIOCIIE TIll __ DATE _ _ ISSUIHG ClOMPAHY __ TO~

IWL]Loo WRrmM NOTICEro ceR1FJCiAIpound lIQIDEII_lO THE

LEFT lIUT fMJ8 10 lIN 8UOH NO1ICI 8oWL INPOIIE 110 O8UJotlllH 011 LWlLIT OF ICIIIlI UPOIf lIE OOIolPAHY l1li AGEJmI OA _RUlSNTATlYIlamp

Avt___~

( FOR BIDS ONLy) lt ~ shyl~~ flAM) bull -- I - o~ bMMIIXtfbrrnw

10-2008

F281middot629 (ROIl

PampOPltJSoL

TlMEl

DATI

TEllt NO

Y92)

SAN ANTONIO WATER SYSTEM P O BOX 2449

SAN ANTONIO TEXAS 78298middot2449 TABULATION OF BIDS

Annual Contract for Fluoroslficic Acid (February 2 2010 through February 1 2011) 300 pmbull January 19 2010

IlpoundSOlPnON ANOAPPIOlOMATE QUANlTN

ltshyv ltshyltshy

y sect ~ oS gtlt 8 8~ ~ 5Q~

-d =alN

t~

t~ ] g

gtlt~l Q~Z

N ~~

a~5 bull

u ~lZlJ~ __

~ ~ 2 ~ ~ JvlZl

1 23 nominal Fluorosilicic Acid UNIT PRICE 4542

0-III 0 Z

e III

~

2 1 ea 23 nominal Fluorosilicic Acid 55 pilon drum

UNIT PRICE 630

3 Split Delivery Fee (stop charge) 227 deliveries UNIT TOTAL 11000

4 Expediated Delivery UNIT PRICE 92500

APPRO~ATETOTAL TOTAL 50000000

Tenns

Delivery Days

1 20 days

5-6 days

1

BID INVITAnONS WERE MAUD TO ANDOR PICKED UP BY

Pennco SAWS Website Napea Chemical Cobull Inc Demandstar OXl UnivarUSA

Page 35: 331 Twisted Wood Dr.coalitionforsafemeters.org/TFSDW/PENNCO_Contract_2010.pdf · At the February 2,2010, meeting of the San Antonio Water System (SAWS) Board of Trustees, you were

SECTION XI TOXICOLOGICAL INFORMATION

Acute Oral Toxicity 430 mgkg oral-rat LD50

Acute Dermal Toxicity 140 mgkg LOLo (Frog)

Mutagenesis No data available

Target Organ No data available

Developmental Toxicity No data available

Carcinogenicity No data available

SECTION XII ECOLOGICAL INFORMATION

ECOTOXfCOLOGY No data available

SECTION XIII DISPOSAL CONSIDERATIONS

Keep in covered DOT-approved poly drums pending disposal Handle and dispose in full compliance with an applicable Intemational Federal State and Local reQulations

SECTION XIV TRANSPORT INFO

Regulatory Status None established

Proper Shipping Name Hydrofluosilicic Acid

Hazard Class Class 8 (corrosive)

Packing Group II

Identification Number UN1778

Guide Number 154

SECTION XV REGULA TORY INFORMATION

CERClA Not Regulated RCRA 26133 Not Regulated

SARA TI11E III Section 302 Not Regulated (ExemptIons at 40 CFR Pan 370 may apply for agricuIIural use or lor quantllies of less

SectIon 304 Not Regulated Section 3111312 Acute and Chronic

than 10000 pounds _lie) Section 313 Not Regulated NTP tARC OSHA Recommended for Study IARC group 3 Not regulated by OSHA

(PSM) Canada OSL and NDSL On Inventory TSCA On Inventory

Status New Issue Date February 3 2006 SectIon(s) Revised NlA MSOS MOS16961061

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS Usted as Fluorosilicic Acid CBSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUED REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMATION THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are fumished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4001shy1998

Note to (if 8IlpicBble)

Status New Issue Date February 3 2006 Section(s) Revised NlA MSDS MOS16961061

I

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS listed as Fluorosilicic Acid CaSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUEO REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMAnoN THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are furnished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4OO1shy1998

Note to __ (d 8pP1icab1ei

Status New Issue Date February 3 2006 Section(s) Revised NJA MSDS MOS16961061

DATE IIlIMIOOIYYY) nleO

IROOIJ(EII 1-113-623-2330

ACORD CERTIFICATE OF LIABILITY INSURANCE I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERllFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR

Arthur 01 Gallagher Rik ICanagtllaeUt Services 111C

ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW UOO wt Loop South Suite HOD Sou_ton fX 027

INSURERS AFFORDING COVERAGE HAIC bull

~ 1ROII_ SPlICIALTY INS CO 25U5shyPeneco Inc ~

~DDLAlm DIlII CO 37303

PO fiOO tNSURERC

lNSORERO

IHSURERE

San Pelipe rx 77477

COVERAGES THE POUCIES Of INSIIRAHCE USTeD BELOW HAVE BEEN ISSUEllTO THE INSURED NAMED ASOVE FOR THE POlICY PERIOD INDICATeD NOTWITHSTANDING AtIY REQUIREMENT TERM OR COtlDmON OF AtIY CONTRACT OR OTHER OOCUMENT WITH RESPECT TO WHICH THIS CERTIlICATE MAY BE ISSUEO OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POlICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS EXCLUSIONS AND CONDIOONS Of SUCH POUCIESAGGREGATE UNITS SHOWN MAY HAVE BEEN REllUCED BY PAlDClAIMS

1= I -- POUCYElFECMt POUCY_1IOII UIIfTlI

AI GENEAAI LWllUIY lOlXBHOUe001 111509 111510 EACH OCQJRAENCE 5 1 000000rc= I~OJEI~~t5W1RWLGE_tWIIUTY I $500000

I- CUllMSMAOE 0 OCXUR i WlDEXPfNw _1 $25000

PERSONAL ampNgtV1NJURf $ 1000000 l-

I

[shy_AGGREGATE $2000000

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POLICY~ lDC

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~lYAUTO CE-I 1000000

c-ALlOWHEOAlllOS 1ODIl_

~ SCHpoundOlIEOAlfOS

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~ HlREOAOTOS 8ODLYIftfJURV S

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PROPEImOiIMAGE_-I S=i0U_ LrrY AIIlOONlyACaDENT $

lYAIITO OTHER

EANX S w

AUTOONLY - S

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TIDCCUII D aAlMS IWlE AGGIIpoundGIOTE $ bullbull 000000

$=DEOUCTlIIU $

X REtENTlOH 10000 S

_COIIIPBISATIOIIANII l~~~r JoJit EMPLOYBIII-m

ANY~ EL EACHAQC10EHT S

~RexaUDIOI ELIlISEASEmiddotEAe~ S

~~- E OI$EASE POUCt lMf $

OIllER A Pollution (Cla1amp8 ]lacLo) OUIIIJOn8001 11150t 111510 rar Cltm 1000000

OESCtttPT1ONOFOPERATtOIISlOCAtatSVEHlCLBEXCLUSIOtfS ADDED BYCFL EItENT1SfECW PROVISIONS All policy t~ COD4itione ltaittiaa ampad ezclu8iCD8 apply II Aotonio ter ly8t_ b -I 44itioDampl b bullurlld CD the general liability __l1e policibullbull required lty written CODtract

CERTIFICATE HOLDER

_ Antonio t ly8t_ CO Bbia IlPO

It 0 Box 257 Rf 107-1U4-C08-1D71

IIHOUUgtNIt OF ___ IOUCE$III cuocauDlIIFOREntE DPlRATIOII

DAn _ ntE ___~__ TOIIAII 3D DAl1S WNmII

_TO_ CERllFlCAn -oER- TO _ UFT FALlIIE TO DO 110 lIIWL _110 _TfON DR lMKITY OF NIt 1aN0 _ ntE _ IJS _ DR

IIIIIIIBampIIfA1MS

Portland XI 5-0257 liSA

AImIOIIIZED~AIM

~l9~ ACORD 25 (2001108)~~ OACORDCORPORAnON1~

IMPORTANT

If the certifICate holder is an ADDITIONAl INSURED the poUcy(ies) must be endorsed A statement on this certificate does nol confer rights to the certifICate holder in lieu of such endorsement(s)

If SUBROGATION IS WAIVED subject to the teons and conditions of the poHcy certain policies may require an endorsement A statement on this certificate does not OJOfer rights to the certificate holder in lieu of such endorsement(s)

DISCLAIMER

The Certificate of Insurance on the reverse side of this foon does not constitute a contract between the issuing insurer(s) authorized representative or producer and the certificate holder nor does it affinnatively or negatively amend extend or alter the coverage alforded by the policies listed thereon

ACORD 25 (2001108)

SUPPLEMENT TO CERTIFICATE OF INSURANCE I DATE 11180

NAME 01 INSURED PCCO Inc

Addii2Jg1 Ducllio II 00eta1ionslRemafks 1m PWl 1middot

Adcionallnfulmatlon

Ihldornt Pora if Applicable

General Liability

IBOOVBPICOOl Blapkat Additioaal ImIurecl ~ OvDer8yen Le or CODtractor8 a reqlird by

writtaD contract

IB COY BUC 001 Blanket Wiy~ of SUbrogation bullbull required by writtall contraot 4

Auto Liability

ADDL-ZKS-B 0600 Blanket Additional InltureltS a riOqUieltS by _1 U contract

IIAIVlIlI-B ono Blkt WaiT of Subrogation rOqU1reltS by _itten _tract

SUPP (05104)

--

p2Oct 16 09 1212p LARRY YORK 2814466447

-OAte ~Actt CERTIACATE OF INSURANCE 00 t~~m~py~I~HOLDERmiicRTiFiCAn

YORK INSURANCE AGENCY DOES NOT AllliiMO EICTIDIO OR ALTER THE COVERAGE FfOADEO BY TIll POIJCIE8 8IlOWPO BOX 3861

HUMBLE TEXAS 77338 COMPANIES AFFORDING COVERAGE

= A TEXAS MUTUAL INSURANCE COMPANY

~BI

PENCCOINC ~C PO BOX600 SAN FEUPE TEXAS 77473-0600 ~o

~E -

lHIS IS TOCERTlFY THAT THE POICIEJ OFIII$lAAIICG LISTED SEUlWHIW flEENI8SUGO roTtE~GD HAMeD AIIOVEFCRTItI POLIO ~ 1lI00000TGDIIOTmntSTAHOtItG ANY __1fT aIM OR CClIoIDnICIIII Of AIlaquo COHTNIOT OR OTHSI tIOCUMENT WITH Al8IECT ro WIIICII THIS ceAT1F1CA1I _Y IE ISSIJIID OA IMY PERTAIN TtE MURAIICE ~ av TIlE POUCI18 OfICRlIIEO _ IS SUBJECT Ttl JoU TtE TlflWI IIXClu1ONS lIIIO COICgtITIOHI$ Of SUCK POUCIEII LMmI SHOWN IoIAY W _ IlllIlUCIO BY PAlO tlAllol8

co TfHGbull a -r-~rrg~ --- GENE___tE

bull ---ITT~ERalLOIHJIIlM LtAaIUTY ~~lDCL bullClMOC_ OCCUR PERSONAl amp ADI lNJUIIIy bull i(llWffllllampO~C)T~ EMHOCCt_a bull

fHIIIe 0AMII8E v-r bull tIED tAIV

---au LIamplMT~JIIIO

ALL ~ AIIDS 1OOIl IKU-V

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-~

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I

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__ _noM

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A ucw_ a ~1oooooo

_~-JIY TSF-0001063581 16 OCT 09 16OCTO tMY8C-liACH IMIILOtR 1000000 1lOIaIIE-IOllOl UNIT

_ 0TI(jIft POLICY INCLUDES BLANKET WAIVER OF SUBROGATION I

I

oaClllfnotfOF~ fCCILOCA~nD16

TrOftUL bull

8HDOUI AHt Of _ ~ DEIIIICMEO POCtCfU e ~ IJIiIOCIIE TIll __ DATE _ _ ISSUIHG ClOMPAHY __ TO~

IWL]Loo WRrmM NOTICEro ceR1FJCiAIpound lIQIDEII_lO THE

LEFT lIUT fMJ8 10 lIN 8UOH NO1ICI 8oWL INPOIIE 110 O8UJotlllH 011 LWlLIT OF ICIIIlI UPOIf lIE OOIolPAHY l1li AGEJmI OA _RUlSNTATlYIlamp

Avt___~

( FOR BIDS ONLy) lt ~ shyl~~ flAM) bull -- I - o~ bMMIIXtfbrrnw

10-2008

F281middot629 (ROIl

PampOPltJSoL

TlMEl

DATI

TEllt NO

Y92)

SAN ANTONIO WATER SYSTEM P O BOX 2449

SAN ANTONIO TEXAS 78298middot2449 TABULATION OF BIDS

Annual Contract for Fluoroslficic Acid (February 2 2010 through February 1 2011) 300 pmbull January 19 2010

IlpoundSOlPnON ANOAPPIOlOMATE QUANlTN

ltshyv ltshyltshy

y sect ~ oS gtlt 8 8~ ~ 5Q~

-d =alN

t~

t~ ] g

gtlt~l Q~Z

N ~~

a~5 bull

u ~lZlJ~ __

~ ~ 2 ~ ~ JvlZl

1 23 nominal Fluorosilicic Acid UNIT PRICE 4542

0-III 0 Z

e III

~

2 1 ea 23 nominal Fluorosilicic Acid 55 pilon drum

UNIT PRICE 630

3 Split Delivery Fee (stop charge) 227 deliveries UNIT TOTAL 11000

4 Expediated Delivery UNIT PRICE 92500

APPRO~ATETOTAL TOTAL 50000000

Tenns

Delivery Days

1 20 days

5-6 days

1

BID INVITAnONS WERE MAUD TO ANDOR PICKED UP BY

Pennco SAWS Website Napea Chemical Cobull Inc Demandstar OXl UnivarUSA

Page 36: 331 Twisted Wood Dr.coalitionforsafemeters.org/TFSDW/PENNCO_Contract_2010.pdf · At the February 2,2010, meeting of the San Antonio Water System (SAWS) Board of Trustees, you were

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS Usted as Fluorosilicic Acid CBSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUED REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMATION THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are fumished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4001shy1998

Note to (if 8IlpicBble)

Status New Issue Date February 3 2006 Section(s) Revised NlA MSDS MOS16961061

I

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS listed as Fluorosilicic Acid CaSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUEO REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMAnoN THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are furnished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4OO1shy1998

Note to __ (d 8pP1icab1ei

Status New Issue Date February 3 2006 Section(s) Revised NJA MSDS MOS16961061

DATE IIlIMIOOIYYY) nleO

IROOIJ(EII 1-113-623-2330

ACORD CERTIFICATE OF LIABILITY INSURANCE I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERllFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR

Arthur 01 Gallagher Rik ICanagtllaeUt Services 111C

ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW UOO wt Loop South Suite HOD Sou_ton fX 027

INSURERS AFFORDING COVERAGE HAIC bull

~ 1ROII_ SPlICIALTY INS CO 25U5shyPeneco Inc ~

~DDLAlm DIlII CO 37303

PO fiOO tNSURERC

lNSORERO

IHSURERE

San Pelipe rx 77477

COVERAGES THE POUCIES Of INSIIRAHCE USTeD BELOW HAVE BEEN ISSUEllTO THE INSURED NAMED ASOVE FOR THE POlICY PERIOD INDICATeD NOTWITHSTANDING AtIY REQUIREMENT TERM OR COtlDmON OF AtIY CONTRACT OR OTHER OOCUMENT WITH RESPECT TO WHICH THIS CERTIlICATE MAY BE ISSUEO OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POlICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS EXCLUSIONS AND CONDIOONS Of SUCH POUCIESAGGREGATE UNITS SHOWN MAY HAVE BEEN REllUCED BY PAlDClAIMS

1= I -- POUCYElFECMt POUCY_1IOII UIIfTlI

AI GENEAAI LWllUIY lOlXBHOUe001 111509 111510 EACH OCQJRAENCE 5 1 000000rc= I~OJEI~~t5W1RWLGE_tWIIUTY I $500000

I- CUllMSMAOE 0 OCXUR i WlDEXPfNw _1 $25000

PERSONAL ampNgtV1NJURf $ 1000000 l-

I

[shy_AGGREGATE $2000000

n-7rf~r-r~reR PRQOIJCT$ COMPIOP Aoo 52000000

POLICY~ lDC

III ~UAIIIUTY RICISOO010fiO 111505 111510 COMBINEtgtSINGlE UNIT

~lYAUTO CE-I 1000000

c-ALlOWHEOAlllOS 1ODIl_

~ SCHpoundOlIEOAlfOS

__I S

~ HlREOAOTOS 8ODLYIftfJURV S

i~~AIIlOS 1-1

PROPEImOiIMAGE_-I S=i0U_ LrrY AIIlOONlyACaDENT $

lYAIITO OTHER

EANX S w

AUTOONLY - S

A EXCEsSllJlllllllllLUAIIIIITY OUIIIJ0918002 111509 111510 EACHDCCIJRREMCE $ 4000000

TIDCCUII D aAlMS IWlE AGGIIpoundGIOTE $ bullbull 000000

$=DEOUCTlIIU $

X REtENTlOH 10000 S

_COIIIPBISATIOIIANII l~~~r JoJit EMPLOYBIII-m

ANY~ EL EACHAQC10EHT S

~RexaUDIOI ELIlISEASEmiddotEAe~ S

~~- E OI$EASE POUCt lMf $

OIllER A Pollution (Cla1amp8 ]lacLo) OUIIIJOn8001 11150t 111510 rar Cltm 1000000

OESCtttPT1ONOFOPERATtOIISlOCAtatSVEHlCLBEXCLUSIOtfS ADDED BYCFL EItENT1SfECW PROVISIONS All policy t~ COD4itione ltaittiaa ampad ezclu8iCD8 apply II Aotonio ter ly8t_ b -I 44itioDampl b bullurlld CD the general liability __l1e policibullbull required lty written CODtract

CERTIFICATE HOLDER

_ Antonio t ly8t_ CO Bbia IlPO

It 0 Box 257 Rf 107-1U4-C08-1D71

IIHOUUgtNIt OF ___ IOUCE$III cuocauDlIIFOREntE DPlRATIOII

DAn _ ntE ___~__ TOIIAII 3D DAl1S WNmII

_TO_ CERllFlCAn -oER- TO _ UFT FALlIIE TO DO 110 lIIWL _110 _TfON DR lMKITY OF NIt 1aN0 _ ntE _ IJS _ DR

IIIIIIIBampIIfA1MS

Portland XI 5-0257 liSA

AImIOIIIZED~AIM

~l9~ ACORD 25 (2001108)~~ OACORDCORPORAnON1~

IMPORTANT

If the certifICate holder is an ADDITIONAl INSURED the poUcy(ies) must be endorsed A statement on this certificate does nol confer rights to the certifICate holder in lieu of such endorsement(s)

If SUBROGATION IS WAIVED subject to the teons and conditions of the poHcy certain policies may require an endorsement A statement on this certificate does not OJOfer rights to the certificate holder in lieu of such endorsement(s)

DISCLAIMER

The Certificate of Insurance on the reverse side of this foon does not constitute a contract between the issuing insurer(s) authorized representative or producer and the certificate holder nor does it affinnatively or negatively amend extend or alter the coverage alforded by the policies listed thereon

ACORD 25 (2001108)

SUPPLEMENT TO CERTIFICATE OF INSURANCE I DATE 11180

NAME 01 INSURED PCCO Inc

Addii2Jg1 Ducllio II 00eta1ionslRemafks 1m PWl 1middot

Adcionallnfulmatlon

Ihldornt Pora if Applicable

General Liability

IBOOVBPICOOl Blapkat Additioaal ImIurecl ~ OvDer8yen Le or CODtractor8 a reqlird by

writtaD contract

IB COY BUC 001 Blanket Wiy~ of SUbrogation bullbull required by writtall contraot 4

Auto Liability

ADDL-ZKS-B 0600 Blanket Additional InltureltS a riOqUieltS by _1 U contract

IIAIVlIlI-B ono Blkt WaiT of Subrogation rOqU1reltS by _itten _tract

SUPP (05104)

--

p2Oct 16 09 1212p LARRY YORK 2814466447

-OAte ~Actt CERTIACATE OF INSURANCE 00 t~~m~py~I~HOLDERmiicRTiFiCAn

YORK INSURANCE AGENCY DOES NOT AllliiMO EICTIDIO OR ALTER THE COVERAGE FfOADEO BY TIll POIJCIE8 8IlOWPO BOX 3861

HUMBLE TEXAS 77338 COMPANIES AFFORDING COVERAGE

= A TEXAS MUTUAL INSURANCE COMPANY

~BI

PENCCOINC ~C PO BOX600 SAN FEUPE TEXAS 77473-0600 ~o

~E -

lHIS IS TOCERTlFY THAT THE POICIEJ OFIII$lAAIICG LISTED SEUlWHIW flEENI8SUGO roTtE~GD HAMeD AIIOVEFCRTItI POLIO ~ 1lI00000TGDIIOTmntSTAHOtItG ANY __1fT aIM OR CClIoIDnICIIII Of AIlaquo COHTNIOT OR OTHSI tIOCUMENT WITH Al8IECT ro WIIICII THIS ceAT1F1CA1I _Y IE ISSIJIID OA IMY PERTAIN TtE MURAIICE ~ av TIlE POUCI18 OfICRlIIEO _ IS SUBJECT Ttl JoU TtE TlflWI IIXClu1ONS lIIIO COICgtITIOHI$ Of SUCK POUCIEII LMmI SHOWN IoIAY W _ IlllIlUCIO BY PAlO tlAllol8

co TfHGbull a -r-~rrg~ --- GENE___tE

bull ---ITT~ERalLOIHJIIlM LtAaIUTY ~~lDCL bullClMOC_ OCCUR PERSONAl amp ADI lNJUIIIy bull i(llWffllllampO~C)T~ EMHOCCt_a bull

fHIIIe 0AMII8E v-r bull tIED tAIV

---au LIamplMT~JIIIO

ALL ~ AIIDS 1OOIl IKU-V

1ltIIIlIID NJlDS bulllfiWcwe

HolEO NIfOC middot__ot bull GIVIAGI UMSLITY --001- bull_MII

-~

bull___UlICAil _OCC~

I

rlllMlllIIJlMH~fONII

__ _noM

- s 1000000

A ucw_ a ~1oooooo

_~-JIY TSF-0001063581 16 OCT 09 16OCTO tMY8C-liACH IMIILOtR 1000000 1lOIaIIE-IOllOl UNIT

_ 0TI(jIft POLICY INCLUDES BLANKET WAIVER OF SUBROGATION I

I

oaClllfnotfOF~ fCCILOCA~nD16

TrOftUL bull

8HDOUI AHt Of _ ~ DEIIIICMEO POCtCfU e ~ IJIiIOCIIE TIll __ DATE _ _ ISSUIHG ClOMPAHY __ TO~

IWL]Loo WRrmM NOTICEro ceR1FJCiAIpound lIQIDEII_lO THE

LEFT lIUT fMJ8 10 lIN 8UOH NO1ICI 8oWL INPOIIE 110 O8UJotlllH 011 LWlLIT OF ICIIIlI UPOIf lIE OOIolPAHY l1li AGEJmI OA _RUlSNTATlYIlamp

Avt___~

( FOR BIDS ONLy) lt ~ shyl~~ flAM) bull -- I - o~ bMMIIXtfbrrnw

10-2008

F281middot629 (ROIl

PampOPltJSoL

TlMEl

DATI

TEllt NO

Y92)

SAN ANTONIO WATER SYSTEM P O BOX 2449

SAN ANTONIO TEXAS 78298middot2449 TABULATION OF BIDS

Annual Contract for Fluoroslficic Acid (February 2 2010 through February 1 2011) 300 pmbull January 19 2010

IlpoundSOlPnON ANOAPPIOlOMATE QUANlTN

ltshyv ltshyltshy

y sect ~ oS gtlt 8 8~ ~ 5Q~

-d =alN

t~

t~ ] g

gtlt~l Q~Z

N ~~

a~5 bull

u ~lZlJ~ __

~ ~ 2 ~ ~ JvlZl

1 23 nominal Fluorosilicic Acid UNIT PRICE 4542

0-III 0 Z

e III

~

2 1 ea 23 nominal Fluorosilicic Acid 55 pilon drum

UNIT PRICE 630

3 Split Delivery Fee (stop charge) 227 deliveries UNIT TOTAL 11000

4 Expediated Delivery UNIT PRICE 92500

APPRO~ATETOTAL TOTAL 50000000

Tenns

Delivery Days

1 20 days

5-6 days

1

BID INVITAnONS WERE MAUD TO ANDOR PICKED UP BY

Pennco SAWS Website Napea Chemical Cobull Inc Demandstar OXl UnivarUSA

Page 37: 331 Twisted Wood Dr.coalitionforsafemeters.org/TFSDW/PENNCO_Contract_2010.pdf · At the February 2,2010, meeting of the San Antonio Water System (SAWS) Board of Trustees, you were

I

CA Proposition 65 (Health amp Safety Code Section 252495)

Not applicable

WHMIS listed as Fluorosilicic Acid CaSA Not applicable

SECTION XVI OTHER INFORMATION Disclaimer The information in this document is believed to be correct as of the

date issued HOWEVER NO WARRANTY OF MERCHANTABIUTY FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPUEO REGARDING THE ACCURACY OR COMPLETENESS OF THIS INFORMAnoN THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE PRODUCT THE SAFETY OF THIS PRODUCT OR THE HAZARDS RELATED TO ITS USE This information and product are furnished on the condition that the person receiving them shall make their own determination as to suitability of the product for their particular purpose and on the condition that they assume the risk of their use thereof The conditions of the use of this product are beyond the control of Mosaic and Mosaic disclaims any liability for loss or damage incurred in connection with the use or misuse of this substance

Preparation The preparation of this MSDS was in accordance with ANSI Z4OO1shy1998

Note to __ (d 8pP1icab1ei

Status New Issue Date February 3 2006 Section(s) Revised NJA MSDS MOS16961061

DATE IIlIMIOOIYYY) nleO

IROOIJ(EII 1-113-623-2330

ACORD CERTIFICATE OF LIABILITY INSURANCE I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERllFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR

Arthur 01 Gallagher Rik ICanagtllaeUt Services 111C

ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW UOO wt Loop South Suite HOD Sou_ton fX 027

INSURERS AFFORDING COVERAGE HAIC bull

~ 1ROII_ SPlICIALTY INS CO 25U5shyPeneco Inc ~

~DDLAlm DIlII CO 37303

PO fiOO tNSURERC

lNSORERO

IHSURERE

San Pelipe rx 77477

COVERAGES THE POUCIES Of INSIIRAHCE USTeD BELOW HAVE BEEN ISSUEllTO THE INSURED NAMED ASOVE FOR THE POlICY PERIOD INDICATeD NOTWITHSTANDING AtIY REQUIREMENT TERM OR COtlDmON OF AtIY CONTRACT OR OTHER OOCUMENT WITH RESPECT TO WHICH THIS CERTIlICATE MAY BE ISSUEO OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POlICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS EXCLUSIONS AND CONDIOONS Of SUCH POUCIESAGGREGATE UNITS SHOWN MAY HAVE BEEN REllUCED BY PAlDClAIMS

1= I -- POUCYElFECMt POUCY_1IOII UIIfTlI

AI GENEAAI LWllUIY lOlXBHOUe001 111509 111510 EACH OCQJRAENCE 5 1 000000rc= I~OJEI~~t5W1RWLGE_tWIIUTY I $500000

I- CUllMSMAOE 0 OCXUR i WlDEXPfNw _1 $25000

PERSONAL ampNgtV1NJURf $ 1000000 l-

I

[shy_AGGREGATE $2000000

n-7rf~r-r~reR PRQOIJCT$ COMPIOP Aoo 52000000

POLICY~ lDC

III ~UAIIIUTY RICISOO010fiO 111505 111510 COMBINEtgtSINGlE UNIT

~lYAUTO CE-I 1000000

c-ALlOWHEOAlllOS 1ODIl_

~ SCHpoundOlIEOAlfOS

__I S

~ HlREOAOTOS 8ODLYIftfJURV S

i~~AIIlOS 1-1

PROPEImOiIMAGE_-I S=i0U_ LrrY AIIlOONlyACaDENT $

lYAIITO OTHER

EANX S w

AUTOONLY - S

A EXCEsSllJlllllllllLUAIIIIITY OUIIIJ0918002 111509 111510 EACHDCCIJRREMCE $ 4000000

TIDCCUII D aAlMS IWlE AGGIIpoundGIOTE $ bullbull 000000

$=DEOUCTlIIU $

X REtENTlOH 10000 S

_COIIIPBISATIOIIANII l~~~r JoJit EMPLOYBIII-m

ANY~ EL EACHAQC10EHT S

~RexaUDIOI ELIlISEASEmiddotEAe~ S

~~- E OI$EASE POUCt lMf $

OIllER A Pollution (Cla1amp8 ]lacLo) OUIIIJOn8001 11150t 111510 rar Cltm 1000000

OESCtttPT1ONOFOPERATtOIISlOCAtatSVEHlCLBEXCLUSIOtfS ADDED BYCFL EItENT1SfECW PROVISIONS All policy t~ COD4itione ltaittiaa ampad ezclu8iCD8 apply II Aotonio ter ly8t_ b -I 44itioDampl b bullurlld CD the general liability __l1e policibullbull required lty written CODtract

CERTIFICATE HOLDER

_ Antonio t ly8t_ CO Bbia IlPO

It 0 Box 257 Rf 107-1U4-C08-1D71

IIHOUUgtNIt OF ___ IOUCE$III cuocauDlIIFOREntE DPlRATIOII

DAn _ ntE ___~__ TOIIAII 3D DAl1S WNmII

_TO_ CERllFlCAn -oER- TO _ UFT FALlIIE TO DO 110 lIIWL _110 _TfON DR lMKITY OF NIt 1aN0 _ ntE _ IJS _ DR

IIIIIIIBampIIfA1MS

Portland XI 5-0257 liSA

AImIOIIIZED~AIM

~l9~ ACORD 25 (2001108)~~ OACORDCORPORAnON1~

IMPORTANT

If the certifICate holder is an ADDITIONAl INSURED the poUcy(ies) must be endorsed A statement on this certificate does nol confer rights to the certifICate holder in lieu of such endorsement(s)

If SUBROGATION IS WAIVED subject to the teons and conditions of the poHcy certain policies may require an endorsement A statement on this certificate does not OJOfer rights to the certificate holder in lieu of such endorsement(s)

DISCLAIMER

The Certificate of Insurance on the reverse side of this foon does not constitute a contract between the issuing insurer(s) authorized representative or producer and the certificate holder nor does it affinnatively or negatively amend extend or alter the coverage alforded by the policies listed thereon

ACORD 25 (2001108)

SUPPLEMENT TO CERTIFICATE OF INSURANCE I DATE 11180

NAME 01 INSURED PCCO Inc

Addii2Jg1 Ducllio II 00eta1ionslRemafks 1m PWl 1middot

Adcionallnfulmatlon

Ihldornt Pora if Applicable

General Liability

IBOOVBPICOOl Blapkat Additioaal ImIurecl ~ OvDer8yen Le or CODtractor8 a reqlird by

writtaD contract

IB COY BUC 001 Blanket Wiy~ of SUbrogation bullbull required by writtall contraot 4

Auto Liability

ADDL-ZKS-B 0600 Blanket Additional InltureltS a riOqUieltS by _1 U contract

IIAIVlIlI-B ono Blkt WaiT of Subrogation rOqU1reltS by _itten _tract

SUPP (05104)

--

p2Oct 16 09 1212p LARRY YORK 2814466447

-OAte ~Actt CERTIACATE OF INSURANCE 00 t~~m~py~I~HOLDERmiicRTiFiCAn

YORK INSURANCE AGENCY DOES NOT AllliiMO EICTIDIO OR ALTER THE COVERAGE FfOADEO BY TIll POIJCIE8 8IlOWPO BOX 3861

HUMBLE TEXAS 77338 COMPANIES AFFORDING COVERAGE

= A TEXAS MUTUAL INSURANCE COMPANY

~BI

PENCCOINC ~C PO BOX600 SAN FEUPE TEXAS 77473-0600 ~o

~E -

lHIS IS TOCERTlFY THAT THE POICIEJ OFIII$lAAIICG LISTED SEUlWHIW flEENI8SUGO roTtE~GD HAMeD AIIOVEFCRTItI POLIO ~ 1lI00000TGDIIOTmntSTAHOtItG ANY __1fT aIM OR CClIoIDnICIIII Of AIlaquo COHTNIOT OR OTHSI tIOCUMENT WITH Al8IECT ro WIIICII THIS ceAT1F1CA1I _Y IE ISSIJIID OA IMY PERTAIN TtE MURAIICE ~ av TIlE POUCI18 OfICRlIIEO _ IS SUBJECT Ttl JoU TtE TlflWI IIXClu1ONS lIIIO COICgtITIOHI$ Of SUCK POUCIEII LMmI SHOWN IoIAY W _ IlllIlUCIO BY PAlO tlAllol8

co TfHGbull a -r-~rrg~ --- GENE___tE

bull ---ITT~ERalLOIHJIIlM LtAaIUTY ~~lDCL bullClMOC_ OCCUR PERSONAl amp ADI lNJUIIIy bull i(llWffllllampO~C)T~ EMHOCCt_a bull

fHIIIe 0AMII8E v-r bull tIED tAIV

---au LIamplMT~JIIIO

ALL ~ AIIDS 1OOIl IKU-V

1ltIIIlIID NJlDS bulllfiWcwe

HolEO NIfOC middot__ot bull GIVIAGI UMSLITY --001- bull_MII

-~

bull___UlICAil _OCC~

I

rlllMlllIIJlMH~fONII

__ _noM

- s 1000000

A ucw_ a ~1oooooo

_~-JIY TSF-0001063581 16 OCT 09 16OCTO tMY8C-liACH IMIILOtR 1000000 1lOIaIIE-IOllOl UNIT

_ 0TI(jIft POLICY INCLUDES BLANKET WAIVER OF SUBROGATION I

I

oaClllfnotfOF~ fCCILOCA~nD16

TrOftUL bull

8HDOUI AHt Of _ ~ DEIIIICMEO POCtCfU e ~ IJIiIOCIIE TIll __ DATE _ _ ISSUIHG ClOMPAHY __ TO~

IWL]Loo WRrmM NOTICEro ceR1FJCiAIpound lIQIDEII_lO THE

LEFT lIUT fMJ8 10 lIN 8UOH NO1ICI 8oWL INPOIIE 110 O8UJotlllH 011 LWlLIT OF ICIIIlI UPOIf lIE OOIolPAHY l1li AGEJmI OA _RUlSNTATlYIlamp

Avt___~

( FOR BIDS ONLy) lt ~ shyl~~ flAM) bull -- I - o~ bMMIIXtfbrrnw

10-2008

F281middot629 (ROIl

PampOPltJSoL

TlMEl

DATI

TEllt NO

Y92)

SAN ANTONIO WATER SYSTEM P O BOX 2449

SAN ANTONIO TEXAS 78298middot2449 TABULATION OF BIDS

Annual Contract for Fluoroslficic Acid (February 2 2010 through February 1 2011) 300 pmbull January 19 2010

IlpoundSOlPnON ANOAPPIOlOMATE QUANlTN

ltshyv ltshyltshy

y sect ~ oS gtlt 8 8~ ~ 5Q~

-d =alN

t~

t~ ] g

gtlt~l Q~Z

N ~~

a~5 bull

u ~lZlJ~ __

~ ~ 2 ~ ~ JvlZl

1 23 nominal Fluorosilicic Acid UNIT PRICE 4542

0-III 0 Z

e III

~

2 1 ea 23 nominal Fluorosilicic Acid 55 pilon drum

UNIT PRICE 630

3 Split Delivery Fee (stop charge) 227 deliveries UNIT TOTAL 11000

4 Expediated Delivery UNIT PRICE 92500

APPRO~ATETOTAL TOTAL 50000000

Tenns

Delivery Days

1 20 days

5-6 days

1

BID INVITAnONS WERE MAUD TO ANDOR PICKED UP BY

Pennco SAWS Website Napea Chemical Cobull Inc Demandstar OXl UnivarUSA

Page 38: 331 Twisted Wood Dr.coalitionforsafemeters.org/TFSDW/PENNCO_Contract_2010.pdf · At the February 2,2010, meeting of the San Antonio Water System (SAWS) Board of Trustees, you were

DATE IIlIMIOOIYYY) nleO

IROOIJ(EII 1-113-623-2330

ACORD CERTIFICATE OF LIABILITY INSURANCE I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERllFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR

Arthur 01 Gallagher Rik ICanagtllaeUt Services 111C

ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW UOO wt Loop South Suite HOD Sou_ton fX 027

INSURERS AFFORDING COVERAGE HAIC bull

~ 1ROII_ SPlICIALTY INS CO 25U5shyPeneco Inc ~

~DDLAlm DIlII CO 37303

PO fiOO tNSURERC

lNSORERO

IHSURERE

San Pelipe rx 77477

COVERAGES THE POUCIES Of INSIIRAHCE USTeD BELOW HAVE BEEN ISSUEllTO THE INSURED NAMED ASOVE FOR THE POlICY PERIOD INDICATeD NOTWITHSTANDING AtIY REQUIREMENT TERM OR COtlDmON OF AtIY CONTRACT OR OTHER OOCUMENT WITH RESPECT TO WHICH THIS CERTIlICATE MAY BE ISSUEO OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POlICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS EXCLUSIONS AND CONDIOONS Of SUCH POUCIESAGGREGATE UNITS SHOWN MAY HAVE BEEN REllUCED BY PAlDClAIMS

1= I -- POUCYElFECMt POUCY_1IOII UIIfTlI

AI GENEAAI LWllUIY lOlXBHOUe001 111509 111510 EACH OCQJRAENCE 5 1 000000rc= I~OJEI~~t5W1RWLGE_tWIIUTY I $500000

I- CUllMSMAOE 0 OCXUR i WlDEXPfNw _1 $25000

PERSONAL ampNgtV1NJURf $ 1000000 l-

I

[shy_AGGREGATE $2000000

n-7rf~r-r~reR PRQOIJCT$ COMPIOP Aoo 52000000

POLICY~ lDC

III ~UAIIIUTY RICISOO010fiO 111505 111510 COMBINEtgtSINGlE UNIT

~lYAUTO CE-I 1000000

c-ALlOWHEOAlllOS 1ODIl_

~ SCHpoundOlIEOAlfOS

__I S

~ HlREOAOTOS 8ODLYIftfJURV S

i~~AIIlOS 1-1

PROPEImOiIMAGE_-I S=i0U_ LrrY AIIlOONlyACaDENT $

lYAIITO OTHER

EANX S w

AUTOONLY - S

A EXCEsSllJlllllllllLUAIIIIITY OUIIIJ0918002 111509 111510 EACHDCCIJRREMCE $ 4000000

TIDCCUII D aAlMS IWlE AGGIIpoundGIOTE $ bullbull 000000

$=DEOUCTlIIU $

X REtENTlOH 10000 S

_COIIIPBISATIOIIANII l~~~r JoJit EMPLOYBIII-m

ANY~ EL EACHAQC10EHT S

~RexaUDIOI ELIlISEASEmiddotEAe~ S

~~- E OI$EASE POUCt lMf $

OIllER A Pollution (Cla1amp8 ]lacLo) OUIIIJOn8001 11150t 111510 rar Cltm 1000000

OESCtttPT1ONOFOPERATtOIISlOCAtatSVEHlCLBEXCLUSIOtfS ADDED BYCFL EItENT1SfECW PROVISIONS All policy t~ COD4itione ltaittiaa ampad ezclu8iCD8 apply II Aotonio ter ly8t_ b -I 44itioDampl b bullurlld CD the general liability __l1e policibullbull required lty written CODtract

CERTIFICATE HOLDER

_ Antonio t ly8t_ CO Bbia IlPO

It 0 Box 257 Rf 107-1U4-C08-1D71

IIHOUUgtNIt OF ___ IOUCE$III cuocauDlIIFOREntE DPlRATIOII

DAn _ ntE ___~__ TOIIAII 3D DAl1S WNmII

_TO_ CERllFlCAn -oER- TO _ UFT FALlIIE TO DO 110 lIIWL _110 _TfON DR lMKITY OF NIt 1aN0 _ ntE _ IJS _ DR

IIIIIIIBampIIfA1MS

Portland XI 5-0257 liSA

AImIOIIIZED~AIM

~l9~ ACORD 25 (2001108)~~ OACORDCORPORAnON1~

IMPORTANT

If the certifICate holder is an ADDITIONAl INSURED the poUcy(ies) must be endorsed A statement on this certificate does nol confer rights to the certifICate holder in lieu of such endorsement(s)

If SUBROGATION IS WAIVED subject to the teons and conditions of the poHcy certain policies may require an endorsement A statement on this certificate does not OJOfer rights to the certificate holder in lieu of such endorsement(s)

DISCLAIMER

The Certificate of Insurance on the reverse side of this foon does not constitute a contract between the issuing insurer(s) authorized representative or producer and the certificate holder nor does it affinnatively or negatively amend extend or alter the coverage alforded by the policies listed thereon

ACORD 25 (2001108)

SUPPLEMENT TO CERTIFICATE OF INSURANCE I DATE 11180

NAME 01 INSURED PCCO Inc

Addii2Jg1 Ducllio II 00eta1ionslRemafks 1m PWl 1middot

Adcionallnfulmatlon

Ihldornt Pora if Applicable

General Liability

IBOOVBPICOOl Blapkat Additioaal ImIurecl ~ OvDer8yen Le or CODtractor8 a reqlird by

writtaD contract

IB COY BUC 001 Blanket Wiy~ of SUbrogation bullbull required by writtall contraot 4

Auto Liability

ADDL-ZKS-B 0600 Blanket Additional InltureltS a riOqUieltS by _1 U contract

IIAIVlIlI-B ono Blkt WaiT of Subrogation rOqU1reltS by _itten _tract

SUPP (05104)

--

p2Oct 16 09 1212p LARRY YORK 2814466447

-OAte ~Actt CERTIACATE OF INSURANCE 00 t~~m~py~I~HOLDERmiicRTiFiCAn

YORK INSURANCE AGENCY DOES NOT AllliiMO EICTIDIO OR ALTER THE COVERAGE FfOADEO BY TIll POIJCIE8 8IlOWPO BOX 3861

HUMBLE TEXAS 77338 COMPANIES AFFORDING COVERAGE

= A TEXAS MUTUAL INSURANCE COMPANY

~BI

PENCCOINC ~C PO BOX600 SAN FEUPE TEXAS 77473-0600 ~o

~E -

lHIS IS TOCERTlFY THAT THE POICIEJ OFIII$lAAIICG LISTED SEUlWHIW flEENI8SUGO roTtE~GD HAMeD AIIOVEFCRTItI POLIO ~ 1lI00000TGDIIOTmntSTAHOtItG ANY __1fT aIM OR CClIoIDnICIIII Of AIlaquo COHTNIOT OR OTHSI tIOCUMENT WITH Al8IECT ro WIIICII THIS ceAT1F1CA1I _Y IE ISSIJIID OA IMY PERTAIN TtE MURAIICE ~ av TIlE POUCI18 OfICRlIIEO _ IS SUBJECT Ttl JoU TtE TlflWI IIXClu1ONS lIIIO COICgtITIOHI$ Of SUCK POUCIEII LMmI SHOWN IoIAY W _ IlllIlUCIO BY PAlO tlAllol8

co TfHGbull a -r-~rrg~ --- GENE___tE

bull ---ITT~ERalLOIHJIIlM LtAaIUTY ~~lDCL bullClMOC_ OCCUR PERSONAl amp ADI lNJUIIIy bull i(llWffllllampO~C)T~ EMHOCCt_a bull

fHIIIe 0AMII8E v-r bull tIED tAIV

---au LIamplMT~JIIIO

ALL ~ AIIDS 1OOIl IKU-V

1ltIIIlIID NJlDS bulllfiWcwe

HolEO NIfOC middot__ot bull GIVIAGI UMSLITY --001- bull_MII

-~

bull___UlICAil _OCC~

I

rlllMlllIIJlMH~fONII

__ _noM

- s 1000000

A ucw_ a ~1oooooo

_~-JIY TSF-0001063581 16 OCT 09 16OCTO tMY8C-liACH IMIILOtR 1000000 1lOIaIIE-IOllOl UNIT

_ 0TI(jIft POLICY INCLUDES BLANKET WAIVER OF SUBROGATION I

I

oaClllfnotfOF~ fCCILOCA~nD16

TrOftUL bull

8HDOUI AHt Of _ ~ DEIIIICMEO POCtCfU e ~ IJIiIOCIIE TIll __ DATE _ _ ISSUIHG ClOMPAHY __ TO~

IWL]Loo WRrmM NOTICEro ceR1FJCiAIpound lIQIDEII_lO THE

LEFT lIUT fMJ8 10 lIN 8UOH NO1ICI 8oWL INPOIIE 110 O8UJotlllH 011 LWlLIT OF ICIIIlI UPOIf lIE OOIolPAHY l1li AGEJmI OA _RUlSNTATlYIlamp

Avt___~

( FOR BIDS ONLy) lt ~ shyl~~ flAM) bull -- I - o~ bMMIIXtfbrrnw

10-2008

F281middot629 (ROIl

PampOPltJSoL

TlMEl

DATI

TEllt NO

Y92)

SAN ANTONIO WATER SYSTEM P O BOX 2449

SAN ANTONIO TEXAS 78298middot2449 TABULATION OF BIDS

Annual Contract for Fluoroslficic Acid (February 2 2010 through February 1 2011) 300 pmbull January 19 2010

IlpoundSOlPnON ANOAPPIOlOMATE QUANlTN

ltshyv ltshyltshy

y sect ~ oS gtlt 8 8~ ~ 5Q~

-d =alN

t~

t~ ] g

gtlt~l Q~Z

N ~~

a~5 bull

u ~lZlJ~ __

~ ~ 2 ~ ~ JvlZl

1 23 nominal Fluorosilicic Acid UNIT PRICE 4542

0-III 0 Z

e III

~

2 1 ea 23 nominal Fluorosilicic Acid 55 pilon drum

UNIT PRICE 630

3 Split Delivery Fee (stop charge) 227 deliveries UNIT TOTAL 11000

4 Expediated Delivery UNIT PRICE 92500

APPRO~ATETOTAL TOTAL 50000000

Tenns

Delivery Days

1 20 days

5-6 days

1

BID INVITAnONS WERE MAUD TO ANDOR PICKED UP BY

Pennco SAWS Website Napea Chemical Cobull Inc Demandstar OXl UnivarUSA

Page 39: 331 Twisted Wood Dr.coalitionforsafemeters.org/TFSDW/PENNCO_Contract_2010.pdf · At the February 2,2010, meeting of the San Antonio Water System (SAWS) Board of Trustees, you were

IMPORTANT

If the certifICate holder is an ADDITIONAl INSURED the poUcy(ies) must be endorsed A statement on this certificate does nol confer rights to the certifICate holder in lieu of such endorsement(s)

If SUBROGATION IS WAIVED subject to the teons and conditions of the poHcy certain policies may require an endorsement A statement on this certificate does not OJOfer rights to the certificate holder in lieu of such endorsement(s)

DISCLAIMER

The Certificate of Insurance on the reverse side of this foon does not constitute a contract between the issuing insurer(s) authorized representative or producer and the certificate holder nor does it affinnatively or negatively amend extend or alter the coverage alforded by the policies listed thereon

ACORD 25 (2001108)

SUPPLEMENT TO CERTIFICATE OF INSURANCE I DATE 11180

NAME 01 INSURED PCCO Inc

Addii2Jg1 Ducllio II 00eta1ionslRemafks 1m PWl 1middot

Adcionallnfulmatlon

Ihldornt Pora if Applicable

General Liability

IBOOVBPICOOl Blapkat Additioaal ImIurecl ~ OvDer8yen Le or CODtractor8 a reqlird by

writtaD contract

IB COY BUC 001 Blanket Wiy~ of SUbrogation bullbull required by writtall contraot 4

Auto Liability

ADDL-ZKS-B 0600 Blanket Additional InltureltS a riOqUieltS by _1 U contract

IIAIVlIlI-B ono Blkt WaiT of Subrogation rOqU1reltS by _itten _tract

SUPP (05104)

--

p2Oct 16 09 1212p LARRY YORK 2814466447

-OAte ~Actt CERTIACATE OF INSURANCE 00 t~~m~py~I~HOLDERmiicRTiFiCAn

YORK INSURANCE AGENCY DOES NOT AllliiMO EICTIDIO OR ALTER THE COVERAGE FfOADEO BY TIll POIJCIE8 8IlOWPO BOX 3861

HUMBLE TEXAS 77338 COMPANIES AFFORDING COVERAGE

= A TEXAS MUTUAL INSURANCE COMPANY

~BI

PENCCOINC ~C PO BOX600 SAN FEUPE TEXAS 77473-0600 ~o

~E -

lHIS IS TOCERTlFY THAT THE POICIEJ OFIII$lAAIICG LISTED SEUlWHIW flEENI8SUGO roTtE~GD HAMeD AIIOVEFCRTItI POLIO ~ 1lI00000TGDIIOTmntSTAHOtItG ANY __1fT aIM OR CClIoIDnICIIII Of AIlaquo COHTNIOT OR OTHSI tIOCUMENT WITH Al8IECT ro WIIICII THIS ceAT1F1CA1I _Y IE ISSIJIID OA IMY PERTAIN TtE MURAIICE ~ av TIlE POUCI18 OfICRlIIEO _ IS SUBJECT Ttl JoU TtE TlflWI IIXClu1ONS lIIIO COICgtITIOHI$ Of SUCK POUCIEII LMmI SHOWN IoIAY W _ IlllIlUCIO BY PAlO tlAllol8

co TfHGbull a -r-~rrg~ --- GENE___tE

bull ---ITT~ERalLOIHJIIlM LtAaIUTY ~~lDCL bullClMOC_ OCCUR PERSONAl amp ADI lNJUIIIy bull i(llWffllllampO~C)T~ EMHOCCt_a bull

fHIIIe 0AMII8E v-r bull tIED tAIV

---au LIamplMT~JIIIO

ALL ~ AIIDS 1OOIl IKU-V

1ltIIIlIID NJlDS bulllfiWcwe

HolEO NIfOC middot__ot bull GIVIAGI UMSLITY --001- bull_MII

-~

bull___UlICAil _OCC~

I

rlllMlllIIJlMH~fONII

__ _noM

- s 1000000

A ucw_ a ~1oooooo

_~-JIY TSF-0001063581 16 OCT 09 16OCTO tMY8C-liACH IMIILOtR 1000000 1lOIaIIE-IOllOl UNIT

_ 0TI(jIft POLICY INCLUDES BLANKET WAIVER OF SUBROGATION I

I

oaClllfnotfOF~ fCCILOCA~nD16

TrOftUL bull

8HDOUI AHt Of _ ~ DEIIIICMEO POCtCfU e ~ IJIiIOCIIE TIll __ DATE _ _ ISSUIHG ClOMPAHY __ TO~

IWL]Loo WRrmM NOTICEro ceR1FJCiAIpound lIQIDEII_lO THE

LEFT lIUT fMJ8 10 lIN 8UOH NO1ICI 8oWL INPOIIE 110 O8UJotlllH 011 LWlLIT OF ICIIIlI UPOIf lIE OOIolPAHY l1li AGEJmI OA _RUlSNTATlYIlamp

Avt___~

( FOR BIDS ONLy) lt ~ shyl~~ flAM) bull -- I - o~ bMMIIXtfbrrnw

10-2008

F281middot629 (ROIl

PampOPltJSoL

TlMEl

DATI

TEllt NO

Y92)

SAN ANTONIO WATER SYSTEM P O BOX 2449

SAN ANTONIO TEXAS 78298middot2449 TABULATION OF BIDS

Annual Contract for Fluoroslficic Acid (February 2 2010 through February 1 2011) 300 pmbull January 19 2010

IlpoundSOlPnON ANOAPPIOlOMATE QUANlTN

ltshyv ltshyltshy

y sect ~ oS gtlt 8 8~ ~ 5Q~

-d =alN

t~

t~ ] g

gtlt~l Q~Z

N ~~

a~5 bull

u ~lZlJ~ __

~ ~ 2 ~ ~ JvlZl

1 23 nominal Fluorosilicic Acid UNIT PRICE 4542

0-III 0 Z

e III

~

2 1 ea 23 nominal Fluorosilicic Acid 55 pilon drum

UNIT PRICE 630

3 Split Delivery Fee (stop charge) 227 deliveries UNIT TOTAL 11000

4 Expediated Delivery UNIT PRICE 92500

APPRO~ATETOTAL TOTAL 50000000

Tenns

Delivery Days

1 20 days

5-6 days

1

BID INVITAnONS WERE MAUD TO ANDOR PICKED UP BY

Pennco SAWS Website Napea Chemical Cobull Inc Demandstar OXl UnivarUSA

Page 40: 331 Twisted Wood Dr.coalitionforsafemeters.org/TFSDW/PENNCO_Contract_2010.pdf · At the February 2,2010, meeting of the San Antonio Water System (SAWS) Board of Trustees, you were

SUPPLEMENT TO CERTIFICATE OF INSURANCE I DATE 11180

NAME 01 INSURED PCCO Inc

Addii2Jg1 Ducllio II 00eta1ionslRemafks 1m PWl 1middot

Adcionallnfulmatlon

Ihldornt Pora if Applicable

General Liability

IBOOVBPICOOl Blapkat Additioaal ImIurecl ~ OvDer8yen Le or CODtractor8 a reqlird by

writtaD contract

IB COY BUC 001 Blanket Wiy~ of SUbrogation bullbull required by writtall contraot 4

Auto Liability

ADDL-ZKS-B 0600 Blanket Additional InltureltS a riOqUieltS by _1 U contract

IIAIVlIlI-B ono Blkt WaiT of Subrogation rOqU1reltS by _itten _tract

SUPP (05104)

--

p2Oct 16 09 1212p LARRY YORK 2814466447

-OAte ~Actt CERTIACATE OF INSURANCE 00 t~~m~py~I~HOLDERmiicRTiFiCAn

YORK INSURANCE AGENCY DOES NOT AllliiMO EICTIDIO OR ALTER THE COVERAGE FfOADEO BY TIll POIJCIE8 8IlOWPO BOX 3861

HUMBLE TEXAS 77338 COMPANIES AFFORDING COVERAGE

= A TEXAS MUTUAL INSURANCE COMPANY

~BI

PENCCOINC ~C PO BOX600 SAN FEUPE TEXAS 77473-0600 ~o

~E -

lHIS IS TOCERTlFY THAT THE POICIEJ OFIII$lAAIICG LISTED SEUlWHIW flEENI8SUGO roTtE~GD HAMeD AIIOVEFCRTItI POLIO ~ 1lI00000TGDIIOTmntSTAHOtItG ANY __1fT aIM OR CClIoIDnICIIII Of AIlaquo COHTNIOT OR OTHSI tIOCUMENT WITH Al8IECT ro WIIICII THIS ceAT1F1CA1I _Y IE ISSIJIID OA IMY PERTAIN TtE MURAIICE ~ av TIlE POUCI18 OfICRlIIEO _ IS SUBJECT Ttl JoU TtE TlflWI IIXClu1ONS lIIIO COICgtITIOHI$ Of SUCK POUCIEII LMmI SHOWN IoIAY W _ IlllIlUCIO BY PAlO tlAllol8

co TfHGbull a -r-~rrg~ --- GENE___tE

bull ---ITT~ERalLOIHJIIlM LtAaIUTY ~~lDCL bullClMOC_ OCCUR PERSONAl amp ADI lNJUIIIy bull i(llWffllllampO~C)T~ EMHOCCt_a bull

fHIIIe 0AMII8E v-r bull tIED tAIV

---au LIamplMT~JIIIO

ALL ~ AIIDS 1OOIl IKU-V

1ltIIIlIID NJlDS bulllfiWcwe

HolEO NIfOC middot__ot bull GIVIAGI UMSLITY --001- bull_MII

-~

bull___UlICAil _OCC~

I

rlllMlllIIJlMH~fONII

__ _noM

- s 1000000

A ucw_ a ~1oooooo

_~-JIY TSF-0001063581 16 OCT 09 16OCTO tMY8C-liACH IMIILOtR 1000000 1lOIaIIE-IOllOl UNIT

_ 0TI(jIft POLICY INCLUDES BLANKET WAIVER OF SUBROGATION I

I

oaClllfnotfOF~ fCCILOCA~nD16

TrOftUL bull

8HDOUI AHt Of _ ~ DEIIIICMEO POCtCfU e ~ IJIiIOCIIE TIll __ DATE _ _ ISSUIHG ClOMPAHY __ TO~

IWL]Loo WRrmM NOTICEro ceR1FJCiAIpound lIQIDEII_lO THE

LEFT lIUT fMJ8 10 lIN 8UOH NO1ICI 8oWL INPOIIE 110 O8UJotlllH 011 LWlLIT OF ICIIIlI UPOIf lIE OOIolPAHY l1li AGEJmI OA _RUlSNTATlYIlamp

Avt___~

( FOR BIDS ONLy) lt ~ shyl~~ flAM) bull -- I - o~ bMMIIXtfbrrnw

10-2008

F281middot629 (ROIl

PampOPltJSoL

TlMEl

DATI

TEllt NO

Y92)

SAN ANTONIO WATER SYSTEM P O BOX 2449

SAN ANTONIO TEXAS 78298middot2449 TABULATION OF BIDS

Annual Contract for Fluoroslficic Acid (February 2 2010 through February 1 2011) 300 pmbull January 19 2010

IlpoundSOlPnON ANOAPPIOlOMATE QUANlTN

ltshyv ltshyltshy

y sect ~ oS gtlt 8 8~ ~ 5Q~

-d =alN

t~

t~ ] g

gtlt~l Q~Z

N ~~

a~5 bull

u ~lZlJ~ __

~ ~ 2 ~ ~ JvlZl

1 23 nominal Fluorosilicic Acid UNIT PRICE 4542

0-III 0 Z

e III

~

2 1 ea 23 nominal Fluorosilicic Acid 55 pilon drum

UNIT PRICE 630

3 Split Delivery Fee (stop charge) 227 deliveries UNIT TOTAL 11000

4 Expediated Delivery UNIT PRICE 92500

APPRO~ATETOTAL TOTAL 50000000

Tenns

Delivery Days

1 20 days

5-6 days

1

BID INVITAnONS WERE MAUD TO ANDOR PICKED UP BY

Pennco SAWS Website Napea Chemical Cobull Inc Demandstar OXl UnivarUSA

Page 41: 331 Twisted Wood Dr.coalitionforsafemeters.org/TFSDW/PENNCO_Contract_2010.pdf · At the February 2,2010, meeting of the San Antonio Water System (SAWS) Board of Trustees, you were

--

p2Oct 16 09 1212p LARRY YORK 2814466447

-OAte ~Actt CERTIACATE OF INSURANCE 00 t~~m~py~I~HOLDERmiicRTiFiCAn

YORK INSURANCE AGENCY DOES NOT AllliiMO EICTIDIO OR ALTER THE COVERAGE FfOADEO BY TIll POIJCIE8 8IlOWPO BOX 3861

HUMBLE TEXAS 77338 COMPANIES AFFORDING COVERAGE

= A TEXAS MUTUAL INSURANCE COMPANY

~BI

PENCCOINC ~C PO BOX600 SAN FEUPE TEXAS 77473-0600 ~o

~E -

lHIS IS TOCERTlFY THAT THE POICIEJ OFIII$lAAIICG LISTED SEUlWHIW flEENI8SUGO roTtE~GD HAMeD AIIOVEFCRTItI POLIO ~ 1lI00000TGDIIOTmntSTAHOtItG ANY __1fT aIM OR CClIoIDnICIIII Of AIlaquo COHTNIOT OR OTHSI tIOCUMENT WITH Al8IECT ro WIIICII THIS ceAT1F1CA1I _Y IE ISSIJIID OA IMY PERTAIN TtE MURAIICE ~ av TIlE POUCI18 OfICRlIIEO _ IS SUBJECT Ttl JoU TtE TlflWI IIXClu1ONS lIIIO COICgtITIOHI$ Of SUCK POUCIEII LMmI SHOWN IoIAY W _ IlllIlUCIO BY PAlO tlAllol8

co TfHGbull a -r-~rrg~ --- GENE___tE

bull ---ITT~ERalLOIHJIIlM LtAaIUTY ~~lDCL bullClMOC_ OCCUR PERSONAl amp ADI lNJUIIIy bull i(llWffllllampO~C)T~ EMHOCCt_a bull

fHIIIe 0AMII8E v-r bull tIED tAIV

---au LIamplMT~JIIIO

ALL ~ AIIDS 1OOIl IKU-V

1ltIIIlIID NJlDS bulllfiWcwe

HolEO NIfOC middot__ot bull GIVIAGI UMSLITY --001- bull_MII

-~

bull___UlICAil _OCC~

I

rlllMlllIIJlMH~fONII

__ _noM

- s 1000000

A ucw_ a ~1oooooo

_~-JIY TSF-0001063581 16 OCT 09 16OCTO tMY8C-liACH IMIILOtR 1000000 1lOIaIIE-IOllOl UNIT

_ 0TI(jIft POLICY INCLUDES BLANKET WAIVER OF SUBROGATION I

I

oaClllfnotfOF~ fCCILOCA~nD16

TrOftUL bull

8HDOUI AHt Of _ ~ DEIIIICMEO POCtCfU e ~ IJIiIOCIIE TIll __ DATE _ _ ISSUIHG ClOMPAHY __ TO~

IWL]Loo WRrmM NOTICEro ceR1FJCiAIpound lIQIDEII_lO THE

LEFT lIUT fMJ8 10 lIN 8UOH NO1ICI 8oWL INPOIIE 110 O8UJotlllH 011 LWlLIT OF ICIIIlI UPOIf lIE OOIolPAHY l1li AGEJmI OA _RUlSNTATlYIlamp

Avt___~

( FOR BIDS ONLy) lt ~ shyl~~ flAM) bull -- I - o~ bMMIIXtfbrrnw

10-2008

F281middot629 (ROIl

PampOPltJSoL

TlMEl

DATI

TEllt NO

Y92)

SAN ANTONIO WATER SYSTEM P O BOX 2449

SAN ANTONIO TEXAS 78298middot2449 TABULATION OF BIDS

Annual Contract for Fluoroslficic Acid (February 2 2010 through February 1 2011) 300 pmbull January 19 2010

IlpoundSOlPnON ANOAPPIOlOMATE QUANlTN

ltshyv ltshyltshy

y sect ~ oS gtlt 8 8~ ~ 5Q~

-d =alN

t~

t~ ] g

gtlt~l Q~Z

N ~~

a~5 bull

u ~lZlJ~ __

~ ~ 2 ~ ~ JvlZl

1 23 nominal Fluorosilicic Acid UNIT PRICE 4542

0-III 0 Z

e III

~

2 1 ea 23 nominal Fluorosilicic Acid 55 pilon drum

UNIT PRICE 630

3 Split Delivery Fee (stop charge) 227 deliveries UNIT TOTAL 11000

4 Expediated Delivery UNIT PRICE 92500

APPRO~ATETOTAL TOTAL 50000000

Tenns

Delivery Days

1 20 days

5-6 days

1

BID INVITAnONS WERE MAUD TO ANDOR PICKED UP BY

Pennco SAWS Website Napea Chemical Cobull Inc Demandstar OXl UnivarUSA

Page 42: 331 Twisted Wood Dr.coalitionforsafemeters.org/TFSDW/PENNCO_Contract_2010.pdf · At the February 2,2010, meeting of the San Antonio Water System (SAWS) Board of Trustees, you were

10-2008

F281middot629 (ROIl

PampOPltJSoL

TlMEl

DATI

TEllt NO

Y92)

SAN ANTONIO WATER SYSTEM P O BOX 2449

SAN ANTONIO TEXAS 78298middot2449 TABULATION OF BIDS

Annual Contract for Fluoroslficic Acid (February 2 2010 through February 1 2011) 300 pmbull January 19 2010

IlpoundSOlPnON ANOAPPIOlOMATE QUANlTN

ltshyv ltshyltshy

y sect ~ oS gtlt 8 8~ ~ 5Q~

-d =alN

t~

t~ ] g

gtlt~l Q~Z

N ~~

a~5 bull

u ~lZlJ~ __

~ ~ 2 ~ ~ JvlZl

1 23 nominal Fluorosilicic Acid UNIT PRICE 4542

0-III 0 Z

e III

~

2 1 ea 23 nominal Fluorosilicic Acid 55 pilon drum

UNIT PRICE 630

3 Split Delivery Fee (stop charge) 227 deliveries UNIT TOTAL 11000

4 Expediated Delivery UNIT PRICE 92500

APPRO~ATETOTAL TOTAL 50000000

Tenns

Delivery Days

1 20 days

5-6 days

1

BID INVITAnONS WERE MAUD TO ANDOR PICKED UP BY

Pennco SAWS Website Napea Chemical Cobull Inc Demandstar OXl UnivarUSA