CoSF Version 7 4.21.2025
The Purchasing Memo
Date: May 7, 2026
To: Governing Body, Finance Committee, and Public Works & Utilities Committee
From: P. Fred Heerbrandt, P.E., Engineer Supervisor
Via: Michael Dozier, Director Wastewater Management
Subject: Sodium Hypochlorite Supply
Vendor Name: PVS DX Inc,
Munis Vendor Number: 10345
ITEM AND ISSUE:
The Public Utilities Department respectfully requests your review and approval of a General Services Contract for
Sodium Hypochlorite in the total amount of $500,000 per year for a total contract amount of $2,000,000 including
Gross Receipt Tax for a term of four (4) years with PVS DX Inc.
CONTRACT NUMBER:
The FY26 Munis contract number is 3260423
BACKGROUND AND SUMMARY:
Sodium hypochlorite is an industrial strength bleach. We use this product to control disruptive microorganisms that
sometime cause issues in the aeration tanks at the WWRF. It is also used to clean and disinfect equipment and
facilities. This contract will establish a reliable source of supply for this vital chemical solution.
PRIOR APPROVALS AND SUPPORTING INFORMATION:
FUNDING SOURCE:
Fund Name/Number: Wastewater Enterprise Fund/Fund 500
Munis Org Name/Number: WW – Treatment Plant/5000367
Munis Object Name/Number: Operating Supplies/530200
Budget Officer / Designee: Date:
Budget Officer Comment/Exceptions:
PROCUREMENT METHOD:
The procurement method used was NMSA 1978, Section 13-1-102, ITB
FY26-ITB-059 was advertised on February 4, 2026 and opened on February 27, 2026. There were three05/11/2026

bidders with two awards.
Chief Procurement Officer (CPO)/Designee: Date:
CPO Comment/Exceptions:
ASSOCIATED APPROVALS:
IT Components included? ☐ Yes | ☒ No
Approval: Title: Date:
Comment/Exceptions:
Treasury/Point of Sale Components included? ☐ Yes | ☐ No
Approval: Title: Date:
Comment/Exceptions:
Vehicles included? ☐ Yes | ☒ No
Approval: Title: Date:
Comment/Exceptions:
Construction to City Facilities, Furniture, and/or Fixtures included? ☐ Yes | ☒ No
Approval: Title: Date:
Comment/Exceptions:
Is this an externally funded purchase? ☐ Yes | ☒ No
If yes, what is the issuing agency:
Approval: Title: Date:
Comment/Exceptions:
Is this a Capital Asset or Project? ☐ Yes | ☒ No
Project Ledger Number:
Approval: Title: Date:
Comment/Exceptions:
ATTACHMENTS:
General Services Contract with Bid sheet
Bid TabAP (May 11, 2026 10:44:55 MDT)
AP05/11/2026

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GENERAL SERVICES CONTRACT #3260423
Sodium Hypochlorite Supply
THIS CONTRACT is made and entered into by and between the City of Santa Fe, herein after referred to as the
“City,” and PVS DX, Inc. herein after referred to as the “Contractor.”
IT IS MUTUALLY AGREED BETWEEN THE PARTIES:
I. DEFINITIONS
A. "Products and Services Schedule" refers to the complete list of products and services offered
under this Contract and the price for each. Product and service descriptions may be amended with the
prior approval of the Contract Administrator. New products and services shall not be added to the
Products and Services Schedule.
B. "Business Hours" means 8:00 a.m. to 5:00 p.m. Mountain Time.
C. "Fiscal Year" means the twelve-month period beginning on July 1 and ending on June 30 of the
following calendar year.
D. "Fiscal Year Quarters" means the four three-month periods within the City’s fiscal year, defined
as follows: Quarter 1 is July 1 through September 30; Quarter 2 is October 1 through December 31;
Quarter 3 is January 1 through March 31; and Quarter 4 is April 1 through June 30.
II. SCOPE OF WORK
The Contractor shall provide Sodium Hypochlorite Solution to the City:
A. SPECIFICATIONS
Sodium Hypochlorite Solution
Product Specifications:
1. TRADE NAME: 12.5% Sodium Hypochlorite Solution
2. CONCENTRATION
3. ACCEPTABLE:
12.5% MINIMUM Percent by weight (15.0% Trade Percent)
15.6% MAXIMUM Percent by weight (20.0%Trade Percent)

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4. CHEMICAL FORMULA: NaOCl
5. MOLECULAR WEIGHT: 74.45
6. APPEARANCE: Clear, light yellow-green liquid
7. pH: 11.2 Minimum
8. SPECIFIC GRAVITY: 1.20 (Minimum); 1.25 (Maximum)
9. FREEZING POINT: <10 deg. F
10. SOLUTION WEIGHT: 10.0 to 10.4 pounds per gallon, Product must be filtered and be able to
offload through 40-mesh strainer
11. INSOLUBLE MATTER: Maximum of 30 mg/L retained on 0.45μm filter according to
Standard Methods for the Examination of Water and Wastewater 2540 D
12. SODIUM HYDROXIDE: 1.5% by weight, maximum
13. COPPER (Cu): 0.5 ppm, maximum
14. NICKEL (Ni): 0.5 ppm, maximum
15. IRON (Fe): 1.0 ppm, maximum
B. SPECIAL TERMS AND CONDITIONS
1. City will purchase sodium Hypochlorite solution from Contractor for use at City's Paseo
Real Wastewater Reclamation Facility, 73 Paseo Real, Santa Fe, NM 87507.
2. Ordering/Shipments
i. City will order shipments of sodium hypochlorite solution from the Contractor by email
(Order), which the Contractor will acknowledge by replying to the email. The Contractor
will comply with City's instructions concerning quantity, delivery date, and delivery
location in the Order. City's delivery location is 73 Paseo Real, Santa Fe, NM 87507. The
Contractor will make all deliveries between 7:00 a.m. and 4:00 p.m., Monday through
Friday (normal delivery hours) unless otherwise requested and approved by City.
ii. The Contractor will not be required to deliver more than 4,500 gallon within 48 hours of
City's Order unless City is experiencing an emergency that can be resolved with sodium
hypochlorite (Emergency). If City is experiencing an Emergency, City will order a
shipment by phone, followed by a confirming email (Emergency Order), and the
Contractor will deliver sodium hypochlorite to City within 24 hours of City’s Emergency
Order.
iii. City may refuse a shipment, at no cost to City, if the sodium hypochlorite product does not
meet the specifications in this Contract or if the shipment arrives before or after the date set
forth in the Order instructions in Section 2.A.
3. During off-loading work, the Contractor will park the Contractor's delivery vehicle in the
location provided for that purpose by City. The Contractor will not park the Contractor's vehicle in

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other locations. The Contractor will follow City's procedures for off-loading chemicals, as
instructed.
4. The Contractor's off-loading equipment will be compatible with City's chemical storage
equipment. The Contractor will not connect the Contractor’s off-loading hose or other off-loading
device to City’s sodium hypochlorite solution storage tank without the presence of an authorized
City representative at the point of connection. The Contractor will not begin offloading sodium
hypochlorite solution until the Contractor and City’s representative have jointly confirmed that the
sodium hypochlorite solution will be off-loaded into sodium hypochlorite solution totes or storage
tanks, as directed. The Contractor will be responsible for all damages arising out of the improper
offloading of sodium hypochlorite solution, including spillage and any delivery to the wrong
storage tank.
5. The Contractor will plug, cap, blind-flange or contain all discharge connections and hose
ends to prevent any spillage of sodium hypochlorite solution. The Contractor will be responsible
for the cleanup and removal from City's premises of all spillage, contaminated matter and
contaminated cleanup material. City will notify the Contractor of all spillage, contaminated matter
and contaminated cleanup material not cleaned up and removed by the Contractor's truck driver. If
the Contractor does not clean up and remove all spillage, contaminated matter and contaminated
cleanup material from City's premises within four hours of City's notification, City will clean up
and remove the spillage, contaminated matter and contaminated cleanup material and the
Contractor will reimburse City for the entire cost of cleanup. City may deduct the cleanup costs
from amounts owed to the Contractor under this Contract.
6. The Contractor will mail, fax or e-mail an Affidavit of Compliance with the specification
information listed below for each delivery. The Affidavit will be delivered to City within seven
calendar days of City’s receipt of the delivery to which it refers. The Contractor will inform City
prior to commencing deliveries of the identity of the Contractor’s personnel who will be
authorized to sign the Affidavit. The Affidavit will contain the following:
i. Sodium hypochlorite solution
a. Percent by Weight (NaOCl) or Percent by Weight (Available Cl2)
b. Specific Weight of Solution, lb./gal.
c. Date of Shipment
7. Each quarter the Contractor will test at least one sample of the sodium hypochlorite
solution delivered to City. On or before the last day of each quarter, the Contractor will provide a
quarterly batch analysis laboratory report to City that identifies the amounts of the items listed
below in the sample of sodium hypochlorite solution. The report will be delivered with an invoice.
The Contractor will inform City prior to commencing deliveries of the identity of the Contractor’s
personnel who will be authorized to sign the report. The report will contain the following:
i. Percent by Weight (NaOCl) or Percent by Weight (Available C12)
ii. Copper
iii. Iron
iv. Nickel

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v. pH
vi. Free Alkali (expressed as % NaOH)
vii. Insoluble Matter (% by weight)
viii. Specific Weight of Solution, lb./gal.
ix. Date of Shipment
8. The Contractor will provide City with a telephone number where City can either
communicate with the Contractor or leave messages at all times. The Contractor will return all
calls no later than two hours after City leaves a message.
9. The Contractor warrants that the Contractor's product will meet City's specifications,
mentioned above in Section A, Specifications. City will have the right to test Contractor's product
at any time. Contractor will provide a sample from a delivered quantity of sodium hypochlorite
solution at City's request. If the Contractor's Affidavit of Compliance or laboratory report or City's
tests indicate that the Contractor's product does not meet City's specifications, City will have the
right to require Contractor to pay for the testing of the sodium hypochlorite solution and the
Contractor will not charge City for the load tested. The foregoing will not be construed to limit
City's legal rights if the Contractor breaches a warranty.
10. The Contractor will ensure that the Contractor's subcontractors, including delivery
contractors and delivery truck drivers, have read and understand these specifications.
11. City’s payment of the fixed price will be considered payment for all of Contractor’s
obligations under this Contract. City has the right to reject Contractor’s invoices that reflect pricing
higher than the price bid and inserted herein.
12. The Contractor will send a current Safety Data Sheet (SDS) for the sodium hypochlorite
solution by email to safetyteam@cleanwaterservices.org prior to commencing deliveries.
Contractor will send a new SDS to City each time the SDS is updated.
III. COMPENSATION
A. Payment. The City shall compensate the Contractor on an as needed basis based on the itemized
fixed rates specified in Exhibit A. The City agrees to pay the Contractor up to a maximum of
$500,000.00 annually, excluding Gross Receipts Tax (GRT). The total compensation for this Contract,
excluding GRT is $2,000,000.00.
B. The compensation represents a maximum amount. The Contractor must notify the City when the
Services provided under this Contract approach 90% of compensation total. Services rendered beyond
the maximum compensation amount will not be reimbursed unless the Contract is amended in writing
prior to the provision of such services.
C. Invoicing and Payment Terms Payment will be made upon the City's acceptance of deliverables
and receipt of a detailed, certified invoice from the Contractor. Payments will be sent to the Contractor’s
designated address. The City shall issue payment in accordance with the timelines required by law.
Invoices must be submitted no later than fifteen (15) days after the Contract’s termination. Late invoices
will not be processed or paid.

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IV. TERM
THIS CONTRACT SHALL NOT BECOME EFFECTIVE UNTIL APPROVED BY THE CITY. This
contract shall terminate four (4) years from date of final signature. A contract for general services may not
exceed ten (10) years, including all extensions and renewals, except as otherwise provided by NMSA 1978,
Sections 13-1-150 through 13-1-152 or SFCC 1987, Section 11-13.
V. DEFAULT AND FORCE MAJEURE
The City reserves the right to cancel all, or any part of any orders placed under this contract without cost
to the City, if the Contractor fails to meet the provisions of this contract and, except as otherwise provided
herein, to hold the Contractor liable for any excess cost occasioned by the City due to the Contractor's default.
The Contractor shall not be liable for any excess costs if failure to perform the order arises out of causes beyond
the control and without the fault or negligence of the Contractor; such causes include, but are not restricted to,
acts of God or the public enemy, acts of the State or Federal Government, fires, floods, epidemics, quarantine
restrictions, strikes, freight embargoes, unusually severe weather and defaults of sub-contractors due to any of
the above, unless the City shall determine that the supplies or services to be furnished by the sub-contractor
were obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery
scheduled. The rights and remedies of the City provided in this paragraph shall not be exclusive and are in
addition to any other rights now being provided by law or under this contract.
VI. TERMINATION
A. Grounds. The City may terminate this Contract for convenience or cause. For contracts within
their authority, the City Manager or their designee is authorized to provide the notice of termination,
otherwise such notice of termination shall be provided by the Mayor, or their designee as authorized by
the Governing Body. The Contractor may only terminate this Contract based upon the City’s uncured,
material breach of this Contract.
B. Notice: City Opportunity to Cure.
1. The City shall give the Contractor written notice of termination at least thirty (30) days
prior to the intended date of termination.
2. Contractor shall give City written notice of termination at least thirty (30) days prior to
the intended date of termination, which notice shall (i) identify all the City’s material breaches of
this Contract upon which the termination is based and (ii) state what the City must do to cure such
material breaches. Contractor’s notice of termination shall only be effective (i) if the City does not
cure all material breaches within the thirty (30) day notice period or (ii) in the case of material
breaches that cannot be cured within thirty (30) days, the City does not, within the thirty (30) day
notice period, notify the Contractor of its intent to cure and begin with due diligence to cure the
material breach.
3. Notwithstanding the foregoing, this Contract may be terminated immediately upon
written notice to the Contractor (i) if the Contractor becomes unable to perform the services
contracted for, as determined by the City; (ii) if, during the term of this Contract, the Contractor is

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suspended or debarred by the City; or (iii) the Contract is terminated pursuant to the
“Appropriations” Article of this Contract.
C. Liability. Except as otherwise expressly allowed or provided under this Contract, the City’s sole
liability upon termination shall be to pay for acceptable work performed prior to the Contractor’s receipt
or issuance of a notice of termination; provided, however, that a notice of termination shall not nullify or
otherwise affect either party’s liability for pre-termination defaults under or breaches of this Contract.
The Contractor shall submit an invoice for such work within thirty (30) days of receiving or sending the
notice of termination. THIS PROVISION IS NOT EXCLUSIVE AND DOES NOT WAIVE THE CITY’S
OTHER LEGAL RIGHTS AND REMEDIES CAUSED BY THE CONTRACTOR'S DEFAULT/BREACH
OF THIS CONTRACT.
VII. AMENDMENT
A. This Contract shall not be altered, changed, or amended except by instrument in writing executed
by the parties hereto and all other required signatories.
B. If the City proposes an amendment to the Contract to unilaterally reduce funding due to budget
or other considerations, the Contractor shall, within thirty (30) days of receipt of the proposed
Amendment, have the option to terminate the Contract, pursuant to the termination provisions as set
forth in the "Termination" Article herein, or to agree to the reduced funding.
VIII. STATUS OF CONTRACTOR
The Contractor, and Contractor’s agents and employees, are independent Contractors for the City and
are not employees of the City. The Contractor, and Contractor’s agents and employees, shall not accrue leave,
retirement, insurance, bonding, use of City vehicles, or any other benefits afforded to employees of the City
because of this Contract. The Contractor acknowledges that all sums received hereunder are personally
reportable by the Contractor for income tax purposes, including without limitation, self-employment tax and
business income tax. The Contractor agrees not to purport to bind the City unless the Contractor has written
authority to do so, and then only within the strict limits of that authority.
IX. ASSIGNMENT
The Contractor shall not assign or transfer any interest in this Contract or assign any claims for money
due or to become due under this Contract without the prior written approval of the City.
X. SUBCONTRACTING
The Contractor shall not subcontract any portion of the services to be performed under this Contract
without the prior written approval of the City. No such subcontract shall relieve the primary Contractor from its
obligations and liabilities under this Contract, nor shall any subcontract obligate direct payment from the City.
XI. NON-COLLUSION
In signing this Contract, the Contractor certifies the Contractor has not, either directly or indirectly,
entered into action in restraint of free competitive bidding in connection with this offer submitted to the City.
XII. INSPECTION OF PLANT

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The City may inspect, at any reasonable time during Contractor’s regular business hours and upon prior
written notice, the Contractor’s plant or place of business, or any subcontractor’s plant or place of business,
which is related to the performance of this contract.
XIII. COMMERCIAL WARRANTY
The Contractor agrees that the tangible personal property or services furnished under this Contract shall
be covered by the most favorable commercial warranties the Contractor gives to any customer for such tangible
personal property or services, and that the rights and remedies provided herein shall extend to the City and are
in addition to and do not limit any rights afforded to the City by any other clause of this order. The contractor
agrees not to disclaim warranties of fitness for a particular purpose or merchantability.
XIV. CONDITION OF PROPOSED ITEMS
Where tangible personal property is a part of this Contract, all proposed items are to be NEW and of most
current production, unless otherwise specified.
XV. RECORDS AND AUDIT
During the term of this Contract and for three years thereafter, the Contractor shall maintain detailed records
pertaining to the services rendered and products delivered. These records shall be subject to inspection by the
City, the State Auditor and other appropriate state and federal authorities. The City shall have the right to audit
billings both before and after payment. Payment under this Contract shall not foreclose the right of the City to
recover excessive or illegal payments.
XVI. APPROPRIATIONS
The terms of this Contract, and any orders placed under it, are contingent upon sufficient appropriations and
authorization being made by the Governing Body for the performance of this Contract. If sufficient
appropriations and authorization are not made by the Governing Body, this Contract, and any orders placed
under it, shall terminate upon written notice being given by the City to the Contractor. The City's decision as to
whether sufficient appropriations are available shall be accepted by the Contractor and shall be final. If the City
proposes an amendment to the Contract to unilaterally reduce funding, the Contractor shall have the option to
terminate the Contract or to agree to the reduced funding, within thirty (30) days of receipt of the proposed
amendment.
XVII. RELEASE
The Contractor, upon final payment of the amount due under this Contract, releases the City, its officers, and
employees, from all liabilities, claims and obligations whatsoever arising from or under this Contract. The
Contractor agrees not to purport to bind the City, unless the Contractor has express written authority to do so,
and then only within the strict limits of that authority.
XVIII. CONFIDENTIALITY
Any confidential information provided to or developed by the Contractor in the performance of this Contract
shall be kept confidential and shall not be made available to any individual or organization by the Contractor
without prior written approval by the City.
XIX. CONFLICT OF INTEREST

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A. The Contractor represents and warrants that it presently has no interest and, during the term of
this Contract, shall not acquire any interest, direct or indirect, which would conflict in any manner or
degree with the performance or services required under the Contract. The Contractor shall comply with
any applicable provisions of the New Mexico Governmental Conduct Act and the New Mexico
Financial Disclosures Act.
B. The Contractor further represents and warrants that it has complied with, and, during the term of
this Contract, will continue to comply with, and that this Contract complies with all applicable
provisions of the Governmental Conduct Act, NMSA 1978, Chapter 10, Article 16.
C. Contractor’s representations and warranties in Paragraphs A and B of this Article are material
representations of fact upon which the City relied when this Contract was entered into by the parties.
Contractor shall provide immediate written notice to the City if, at any time during the term of this
Contract, Contractor learns that Contractor’s representations and warranties in Paragraphs A and B of
this Article were erroneous on the effective date of this Contract or have become erroneous by reason of
new or changed circumstances. If it is later determined that Contractor’s representations and warranties
in Paragraphs A and B of this Article were erroneous on the effective date of this Contract or have
become erroneous by reason of new or changed circumstances, in addition to other remedies available to
the City and notwithstanding anything in the Contract to the contrary, the City may immediately
terminate the Contract.
D. All terms defined in the Governmental Conduct Act have the same meaning in this section.
XX. APPROVAL OF CONTRACTOR REPRESENTATIVES
The City reserves the right to require a change in the Contractor’s assigned representatives if they are
not adequately serving the City’s needs.
XXI. SCOPE OF CONTRACT; MERGER
This Contract incorporates all the agreements, covenants and understandings between the parties hereto
concerning the subject matter hereof, and all such covenants, agreements, and understandings have been merged
into this written contract.
All terms and conditions of the FY26-ITB-059 - Sodium Hypochlorite Supply and the Contractor’s response to
such document(s) are incorporated herein by reference and is included in the order of precedence.
XXII. NOTICE
The Procurement Code, NMSA 1978, Sections 13-1-28 through 13-1-199, imposes civil and criminal
penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for bribes,
gratuities, and kickbacks.
XXIII. EQUAL OPPORTUNITY COMPLIANCE
The Contractor agrees to abide by all federal and state laws, and local Ordinances, pertaining to equal
employment opportunity. In accordance with all such laws, rules, and regulations, the Contractor agrees to
assure that no person in the United States shall on the grounds of race, religion, color, national origin, ancestry,
sex, age, physical or mental handicap, or serious medical condition, spousal affiliation, sexual orientation or

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gender identity, be excluded from employment with or participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any program or activity performed under this Contract. If
Contractor is found not to be in compliance with these requirements during the life of this Contract, Contractor
agrees to take appropriate steps to correct these deficiencies.
XXIV. INDEMNIFICATION
The Contractor shall hold the City and its employees harmless and shall indemnify the City and its
employees against any and all claims, suits, actions, liabilities and costs of any kind, including attorney's fees
for personal injury or damage to property arising from the acts or omissions of the Contractor, its agents,
officers, employees or subcontractors. The Contractor shall not be liable for any injury or damage as a result of
any negligent act or omission committed by the City, its officers or employees.
XXV. NEW MEXICO TORT CLAIMS ACT
Any liability incurred by the City of Santa Fe in connection with this Contract is subject to the
immunities and limitations of the New Mexico Tort Claims Act, NMSA 1978, Section 41-4-1, et. seq., as
amended. The City and its “public employees” as defined in the New Mexico Tort Claims Act, do not waive
sovereign immunity, do not waive any defense and do not waive any limitation of liability pursuant to law. No
provision in this Contract modifies or waives any provision of the New Mexico Tort Claims Act.
XXVI. APPLICABLE LAW
The laws of the State of New Mexico shall govern this Contract, without giving effect to its choice of
law provisions. Venue shall be proper only in a New Mexico court of competent jurisdiction in accordance with
NMSA 1978, Section 38-3-2. By execution of this Contract, Contractor acknowledges and agrees to the
jurisdiction of the courts of the State of New Mexico over any and all lawsuits arising under or out of any term
of this Contract.
XXVII. LIMITATION OF LIABILITY
The Contractor's liability to the City, for any cause whatsoever shall be limited to the purchase price
paid to the Contractor for the products and services that are the subject of the City’s, claim. The foregoing
limitation does not apply to the "Indemnification" Article of this Contract or to damages resulting from personal
injury caused by the Contractor's negligence.
XXVIII. INCORPORATION BY REFERENCE AND PRECEDENCE
If this Contract has been procured pursuant to an Invitation to Bid, this Contract is derived from (1) the
Invitation to Bid, (including any written clarifications to the Invitation to Bid and any City response to
questions); (2) the Contractor’s response to the Invitation to Bid.
In the event of a dispute under this Contract, applicable documents will be referred to for the purpose of
clarification or for additional detail in the following order of precedence: (1) amendments to the Contract in
reverse chronological order; (2) the Contract, including the scope of work and all terms and conditions thereof;
(3) the Invitation to Bid, including attachments thereto and written responses to questions and written
clarifications; and (4) the Contractor’s response to the Invitation to Bid.
XXIX. WORKERS' COMPENSATION

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The Contractor agrees to comply with state laws and rules applicable to workers’ compensation benefits
for its employees. If the Contractor fails to comply with the Workers’ Compensation Act and applicable rules
when required to do so, this Contract may be terminated by the City.
XXX. INSPECTION
If this contract is for the purchase of tangible personal property (goods), final inspection and acceptance
shall be made at Destination. Tangible personal property rejected at Destination for non-conformance to
specifications shall be removed at Contractor’s risk and expense promptly after notice of rejection and shall not
be allowable as billable items for payment.
XXXI. INSPECTION OF SERVICES
If this contract is for the purchase of services, the following terms shall apply.
A. Services, as used in this Article, include services performed, workmanship, and material
furnished or utilized in the performance of services.
B. The Contractor shall provide and maintain an inspection system acceptable to the City covering
the services under this Contract. Complete records of all inspection work performed by the Contractor
shall be maintained and made available to the City and for as long thereafter as the Contract requires.
The City has the right to inspect and test all services contemplated under this Contract to the extent
practicable at all times and places during the term of the Contract. The City shall perform inspections
and tests in a manner that will not unduly delay or interfere with Contractor’s performance.
C. If the City performs inspections or tests on the premises of the Contractor or a subcontractor, the
Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all
reasonable facilities and assistance for the safe and convenient performance of such inspections or tests.
D. If any part of the services do not conform with the requirements of this Contract, the City may
require the Contractor to re-perform the services in conformity with the requirements of this Contract at
no increase in contract amount. When the defects in services cannot be corrected by re-performance, the
City may:
1. require the Contractor to take necessary action(s) to ensure that future performance
conforms to the requirements of this Contract; and
2. reduce the contract price to reflect the reduced value of the services performed.
E. If the Contractor fails to promptly re-perform the services or to take the necessary action(s) to
ensure future performance in conformity with the requirements of this Contract, the City may:
1. by contract or otherwise, perform the services and charge to the Contractor any cost
incurred by the City that is directly related to the performance of such service; or
2. terminate the contract for default.
XXXII. INSURANCE

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If the services contemplated under this Contract will be performed on or in City facilities or property,
Contractor shall maintain in force during the entire term of this Contract, the following insurance coverage(s),
naming the City as additional insured.
A. COMMERCIAL GENERAL LIABILITY
insurance shall be written on an occurrence basis and be a broad as ISO Form CG 00 01 with limits not
less than $2,000,000 per occurrence and $2,000,000 in the aggregate for claims against bodily injury,
personal and advertising injury, and property damage. Said policy shall include broad form Contractual
Liability coverage and be endorsed to name the City of Santa Fe their officials, officers, employees, and
agents as additional insureds.
B. BUSINESS AUTOMOBILE LIABILITY
insurance for all owned, non-owned vehicles, with a combined single limit not less than $1,000,000 per
accident.
C. BROADER COVERAGE AND LIMITS
for the insurance requirements under this Contract shall be the greater of (1) the minimum coverage and
limits specified in this Contract, or (2) the broader coverage and maximum limits of coverage of any
insurance policy or proceeds available to the Named Insured. It is agreed that these insurance
requirements shall not in any way act to reduce coverage that is broader or that includes higher limits
than the minimums required herein. No representation is made that the minimum insurance requirements
of this Contract are sufficient to cover the obligations of Contractor hereunder.
Contractor shall maintain the above insurance for the term of this Contract and name the City as an
additional insured and provide for 30 days cancellation notice on any Certificate of Insurance form
furnished by Contractor. Such certificate shall also specifically state the coverage provided under the
policy is primary over any other valid and collectible insurance and provide a waiver of subrogation.
XXXIII. IMPRACTICALITY OF PERFORMANCE
A party shall be excused from performance under this Contract for any period that the party is prevented
from performing as a result of an act of God, strike, war, civil disturbance, epidemic, or court order, provided
that the party has prudently and promptly acted to take any and all steps that are within the party's control to
ensure performance. Subject to this provision, such non-performance shall not be deemed a default or a ground
for termination.
XXXIV. INVALID TERM OR CONDITION
If any term or condition of this Contract shall be held invalid or unenforceable, the remainder of this
Contract shall not be affected and shall be valid and enforceable.
XXXV. ENFORCEMENT OF CONTRACT
A party's failure to require strict performance of any provision of this Contract shall not waive or
diminish that party's right thereafter to demand strict compliance with that or any other provision. No waiver by
a party of any of its rights under this Contract shall be effective unless express and in writing, and no effective
waiver by a party of any of its rights shall be effective to waive any other rights.

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XXXVI. PATENT, COPYRIGHT AND TRADE SECRET INDEMNIFICATION
A. The Contractor shall defend, at its own expense, the City against any claim that any product or
service provided under this Contract infringes any patent, copyright to trademark in the United States or
Puerto Rico, and shall pay all costs, damages and attorneys’ fees that a court finally awards as a result of
any such claim. In addition, if any third party obtains a judgment against the City based upon
Contractor’s trade secret infringement relating to any product or services provided under this Contract,
the Contractor agrees to reimburse the City for all costs, attorneys’ fees and amount of the judgment. To
qualify for such defense and or payment, the City shall:
1. give the Contractor prompt written notice within 48 hours of any claim;
2. allow the Contractor to control the defense of settlement of the claim; and
3. cooperate with the Contractor in a reasonable way to facilitate the defense or settlement
of the claim.
B. If any product or service becomes, or in the Contractor’s opinion is likely to become the subject
of a claim of infringement, the Contractor shall at its option and expense:
1. provide the City the right to continue using the product or service and fully indemnify the
City against all claims that may arise out of the City’s use of the product or service;
2. replace or modify the product or service so that it becomes non-infringing; or,
3. accept the return of the product or service and refund an amount equal to the value of the
returned product or service, less the unpaid portion of the purchase price and any other amounts,
which are due to the Contractor. The Contractor’s obligation will be void as to any product or
service modified by the City to the extent such modification is the cause of the claim.
XXXVII. SURVIVAL
The Contract paragraphs titled “Patent, Copyright, Trademark, and Trade Secret Indemnification;
Indemnification; and Limit of Liability” shall survive the expiration of this Contract. Software licenses, leases,
maintenance and any other unexpired Agreements that were entered into under the terms and conditions of this
Contract shall survive this Contract.
XXXVIII. DISCLOSURE REGARDING RESPONSIBILITY
A. Any prospective Contractor and any of its Principals who enter into a contract greater than sixty
thousand dollars ($60,000.00) with any City for professional services, tangible personal property,
services or construction agrees to disclose whether the Contractor, or any principal of the Contractor’s
company is presently debarred, suspended, proposed for debarment, or declared ineligible for award of
contract by any federal entity, state agency or local public body.
B. Principal, for the purpose of this disclosure, means an officer, director, owner, partner, or a
person having primary management or supervisory responsibilities within a business entity or related
entities.

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C. The Contractor shall provide immediate written notice to the City if, at any time during the term
of this Contract, the Contractor learns that the Contractor’s disclosure was at any time erroneous or
became erroneous by reason of changed circumstances.
D. A disclosure that any of the items in this requirement exist will not necessarily result in
termination of this Contract. However, the disclosure will be considered in the determination of the
Contractor’s responsibility and ability to perform under this Contract. Failure of the Contractor to
furnish a disclosure or provide additional information as requested will be grounds for immediate
termination of this Contract pursuant to the conditions set forth in the "Termination" Article of this
Contract.
E. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render, in good faith, the disclosure required by this document. The knowledge and
information of a Contractor is not required to exceed that which is the normally possessed by a prudent
person in the ordinary course of business dealings.
F. The disclosure requirement provided is a material representation of fact upon which reliance was
placed when making an award and is a continuing material representation of the facts during the term of
this Contract. If during the performance of the contract, the Contractor is indicted for or otherwise
criminally or civilly charged by any government entity (federal, state or local) with commission of any
offenses named in this document the Contractor must provide immediate written notice to the City. If it
is later determined that the Contractor knowingly rendered an erroneous disclosure, in addition to other
remedies available to the Government, the City may terminate the involved contract for cause. Still
further the City may suspend or debar the Contractor from eligibility for future solicitations until such
time as the matter is resolved to the satisfaction of the City.
XXXIX. SUSPENSION, DELAY OR INTERRUPTION OF WORK
The City may, without cause, order the Contractor, in writing, to suspend, delay or interrupt the work in
whole or in part for such period of time as the City may determine. The contract sum and contract time shall be
adjusted for increases in cost and/or time associated with Contractor’s compliance therewith. Upon receipt of
such notice, Contractor shall leave the jobsite and any equipment in a safe condition prior to
departing. Contractor must assert rights to additional compensation within thirty (30) days after suspension of
work is lifted and return to work is authorized. Any compensation requested for which entitlement is granted
and the contract sum adjusted, shall have profit included (for work completed) and for cost only (not profit) for
Contractor costs incurred directly tied to the suspension itself and not otherwise covered by Contract remedy.
Any change in Total Compensation must be reflected in an Amendment executed pursuant to the "Amendment"
Article of this Contract.
XL. NOTIFICATION
Either party may give written notice to the other party in accordance with the terms of this Article. Any
written notice required or permitted to be given hereunder shall be deemed to have been given on the date of
delivery if delivered by personal service or hand delivery or three (3) business days after being mailed.

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To the City:
Chief Procurement Officer
purchasing@santafenm.gov
PO Box 909
Santa Fe, NM 87504-0909
Department
Wastewater Engineer Supervisor
73 Paseo Real
Santa Fe, NM 87507
pfheerbrandt@santafenm.gov
(505) 955-4623
To the Contractor:
PVS DX, INC.
Alan Moss
3501 2nd Street SW
Albuquerque, NM 87105
amoss@pvschemicals.com
505-3795830
Either party may change its representative or address above by written notice to the other in accordance with the
terms of this Article. The carrier for mail delivery and notices shall be the agent of the sender.
XLI. SUCCESSION
This Contract shall extend to and be binding upon the successors and assigns of the parties.
**The Rest of the Page is Intentionally Left Blank**

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IN WITNESS WHEREOF, the Parties have executed this Contract as of the date of the signature by the
required approval authorities below.
CITY OF SANTA FE: CONTRACTOR:
Alan Moss
Alan Moss (May 6, 2026 15:31:55 MDT)
Michael J. Garcia, Mayor Alan Moss, Territory Manager
DATE: May 6, 2026
ATTEST:
NMBTIN: 03642971006-GRT
GERALYN CARDENAS, CITY CLERK
Approved to form and legal sufficiency by:
Marcos D. Martinez
Marcos D. Martinez (May 6, 2026 15:39:21 MDT)
MARCOS D. MARTÍNEZ, CITY ATTORNEY
APPROVED FOR FINANCES:
FINANCE DIRECTORANDREA PHILLIPS (May 15, 2026 15:46:46 MDT)

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Exhibit A
Line Description Quantity Unit of Measure Unit Cost
1
Sodium Hypochlorite, Bulk Delivery, FOB City Storage Tank – Unit Price Per
Gallon (Base tier: 0–4,999 gallons per delivery) 1 Gallon $3.20
2
Sodium Hypochlorite, Bulk Delivery, FOB City Storage Tank – Unit Price Per
Gallon (Tier 1: 5,000–9,999 gallons per delivery). 5000 Gallon $3.20
3
Sodium Hypochlorite, Bulk Delivery, FOB City Storage Tank – Unit Price Per
Gallon (Tier 2: 10,000 gallons or more per delivery). 10000 Gallon $3.20
4
Bulk Delivery Surcharge/Credit, if any, for Deliveries Under Minimum Drop
Size (per delivery). 1 Each $500.00
5 Delivery Charge for Off schedule or Emergency Deliveries (per delivery) 1 Each $500.00
6 Delivery Charge for Refilling Totes at Site (Approx. 20 totes) 1 Each $300.00

City of Santa Fe, NM
Purchasing
Travis Dutton-Leyda, Chief Procurement Officer
200 Lincoln Avenue, Santa Fe, NM 87501
EVALUATION TABULATION
ITB No. FY26-ITB-059
Sodium Hypochlorite Supply
RESPONSE DEADLINE: February 27, 2026 at 2:00 pm
Report Generated: Thursday, May 7, 2026
TABLE 1
Primary award cells are green and Backup award cells are gray
Brenntag
Pacific, LLC
PVS DX Thatcher
Company of
Nevada, Inc
Line Item Description Quantity Unit of
Measure
Unit Cost Unit Cost Unit Cost
1 Sodium Hypochlorite, Bulk Delivery, FOB City Storage Tank – Unit
Price Per Gallon (Base tier: 0–4,999 gallons per delivery)
1 Gallon $0.00 $3.20 $3.10
2 Sodium Hypochlorite, Bulk Delivery, FOB City Storage Tank – Unit
Price Per Gallon (Tier 1: 5,000–9,999 gallons per delivery).
5000 Gallon $3.10 $3.20 $0.00
3 Sodium Hypochlorite, Bulk Delivery, FOB City Storage Tank – Unit
Price Per Gallon (Tier 2: 10,000 gallons or more per delivery).
10000 Gallon $0.00 $3.20 $0.00
4 Bulk Delivery Surcharge/Credit, if any, for Deliveries Under Minimum
Drop Size (per delivery).
1 Each $0.00 $500.00 $0.00
5 Delivery Charge for Off-schedule or Emergency Deliveries (per
delivery)
1 Each $1,500.00 $500.00 $0.00
6 Delivery Charge for Refilling Totes at Site (Approx. 20 totes) 1 Each $750.00 $300.00 $0.00
VENDOR QUESTIONNAIRE PASS/FAIL

EVALUATION TABULATION
ITB No. FY26-ITB-059
Sodium Hypochlorite Supply
EVALUATION TABULATION
Invitation to Bid - Sodium Hypochlorite Supply
Page 2
Question Title Brenntag Pacific, LLC PVS DX Thatcher Company of Nevada, Inc
Financial Interest Pass Pass Pass
Specify by name No Response No Response No Response
NM Gross Receipts Tax # (NMBTIN) Pass Pass Pass
Payment Terms Pass Pass
Contractor's Delivery Pass Pass Pass
Preference