1 - RFP CHLORINE-FINAL.pdf

CITY OF VICTORIA, TEXAS

REQUEST FOR COMPETITIVE SEALED

PROPOSALS

for

ANNUAL SUPPLY CONTRACT FOR ONE

TON CHLORINE CYLINDERS

#RFP-TA-08172022-CHEM

Date Issued:

August 1, 2022

PROPOSALS MUST BE RECEIVED NO LATER

THAN: 10:00 AM CST AUGUST 17, 2022

City of Victoria Purchasing Department: Phone: 361-485-3170

Email: purchasing@victoriatx.gov

TABLE OF CONTENTS

PROPOSAL AND CONTRACT REQUIREMENTS:

Notice to Respondents

Part I: General Requirements for Responses

Part II: Response Form A – Bid Signature Page

Part III: Response Form B – Bid Form

Part IV: Attachments

Attachment A – Specifications

Attachment B – Standard Terms and Conditions

Exhibit A- Insurance Rider

Attachment C – Israel Verification Form

Attachment D – Non-Collusion Affidavit

Attachment E – Response Questionnaire & Checklist

NOTICE TO RESPONDENTS

REQUEST FOR COMPETITIVE SEALED PROPOSALS

# RFP-TA-08172022-CHEM

The City of Victoria, “the City,” intends to purchase and invites you to submit a sealed proposal for:

ANNUAL SUPPLY CONTRACT FOR ONE TON CHLORINE CYLINDERS

Sealed Proposals addressed to the Purchasing Supervisor will be received until August 17, 2022 at 10:00 AM CST. All Proposals must be in the City’s possession on or before the scheduled date and time (no late proposals will be considered). Documents are available at https://www.bidnetdirect.com/texas/city-of-victoria.

In accordance with Chapter 252 of the Texas Government Code, the contract will be awarded to the Respondent who provides the best value to the City. The City shall evaluate the proposals on the basis of all factors described herein.

The City reserves the right to refuse and reject any or all proposals.

Proposals will be received by electronic submission only, at Bid Net Direct – Texas Purchasing Group https://www.bidnetdirect.com/texas/city-of-victoria.

Thomas Anklam CTCM, CTCD Purchasing Supervisor City of Victoria

PART I

GENERAL REQUIREMENTS FOR RESPONSES

1. DEVIATION FROM SPECIFICATION/ REQUIREMENTS

Please read the requirements thoroughly and be sure that your response complies with all requirements/specifications noted. Any variation from the solicitation requirements/specifications must be clearly indicated by letter, on a point-by-point basis, attached to and made a part of your response. If no exceptions are noted, and you are the successful Respondent, the City of Victoria, (“the City”), will require that the good/service(s) be provided as specified.

2. GENERAL DESCRIPTION

Pursuant to Chapter 252 of the Texas Local Government Code, the City invites the submittal of responses to this Request for Competitive Sealed Proposals (RFP) from qualified firms interested in providing ANNUAL SUPPLY CONTRACT FOR ONE

TON CHLORINE CYLINDERS.

3. PURPOSE

The purpose of these specifications/requirements and response documents are to award a contract for the purchase of ANNUAL SUPPLY FOR ONE TON CHLORINE

CYLINDERS.

4. STAFF CONTACT

Name: Roland Rodriguez Title: Operations and Maintenance Manager Email: rrodriguez@victoriatx.gov

5. INTENT

The good/service(s) to be provided under the RFP shall be in accordance with and shall meet all specifications and/or requirements as shown in this solicitation.

6. SUBMITTAL OF RESPONSES

Responses shall be submitted electronically through https://www.bidnetdirect.com/texas/city-of-victoria, upload the Adobe PDF files of:

Response Form A – Proposal Signature Page, Response Form B – Proposal Form, all other required forms, and any Specifications/Drawings that are required as part of the proposal.

Responses WILL be accepted electronically through Bid Net Direct. Responses WILL NOT be accepted via oral communication, telephone, electronic mail, telegraphic transmission, or facsimile transmission.

Responses may be withdrawn prior to the above scheduled time set for closing. Alterations made before response closing must be initiated by respondents guaranteeing authenticity.

Submittal of a response constitutes an offer by the Respondent. Once submitted, the mailto:rrodriguez@victoriatx.gov https://www.bidnetdirect.com/texas/city-of-victoria response becomes the property of the City and as such the City reserves the right to use any ideas contained in any response regardless of whether that respondent/firm is selected.

Submission of a response in response to this solicitation, by any Respondent, shall indicate that the respondent(s) has accepted the conditions contained in the RFP, unless clearly and specifically noted in the response submitted and confirmed in the Contract between the City and the successful Respondent. Responses that do not comply with these requirements may be rejected at the option of the City. Responses must be filed with the City before the deadline day and hour. No late response will be accepted. They will be returned to Respondent unopened (if properly identified). Failure to meet response requirements may be grounds for disqualifying a Respondent.

7. BID BOND

Each Proposal must be accompanied by a certified check, cashier’s check, or an approved Bid Bond in the amount of 5% of the Proposal cost, payable to the City of Victoria without recourse, as a guarantee the Respondnet will enter into a contract and execute 100% performance and payment bonds on the forms provided, within ten (10) days after the contract has been awarded.

Proposal guaranty accompanying the Proposal of the apparent best value Respondnet will be retained until Contract is awarded and successful Respondnet executes Contract and furnishes required bonds and insurance, after which proposal guaranty will be returned to the Respondnet. Proposal guaranty accompanying the second best value proposer will be retained until Contract is awarded. All other proposal guaranties will be returned after

All Respondents acknowledge and guarantee that their Proposal will remain open and the pricing therein is affirmed for 120 days after submission of the Proposal.

8. PERFORMANCE AND PAYMENT BONDS

A Performance Bond in the amount of one hundred percent (100%) of the contract price will be required (if the contract exceeds $100,000).

A Payment Bond in the amount of one hundred percent (100%) of the contract price will be required (if the contract amount exceeds $50,000).

The successful Respondent will be required to furnish performance and payment bonds, if required as stated above, in the contract amount on the approved formed attached hereto this RFP, the Project specifications, or the latest edition issued with the contract at the time of award. The bonds must be issued by one or more corporate sureties authorized to do business in Texas as acceptable to the City. All Bonds for values in excess of $100,000 shall be issued by Sureties that are a holder of certificate from the US Secretary of the Treasury or had reinsured the amount in excess of $100,000 by a reinsurer holding such certificate.

9. PROPOSAL OPENING

The City will be accepting sealed Proposals until 10:00 AM CST, on AUGUST 17, 2022 at which time they will be opened publicly and the name of the Respondent and the monetary component of the Proposals shall be read aloud. Any Proposal received after proposal time will be returned unopened. Receipt of response does not bind the City to any contract for said services, nor does it give any guarantee that a contract for the Project will be awarded.

10. ASSIGNMENT

Respondents are advised that the City shall not allow the successful Respondent to sell, assign, transfer, or convey any part of any contract resulting from this response in whole or in part, to a third party without the written approval of the City.

11. PREPARATION OF RESPONSE

Responses MUST give full firm name and address of Respondent, and be manually signed.

Failure to do so will disqualify your submittal. The person signing the response must show title or AUTHORITY TO BIND FIRM IN A CONTRACT. Firm name and authorized signature must appear on each page that calls for this information. The legal status of the Respondent whether corporation, partnership, or individual, shall also be stated in the submittal. A corporation shall execute the submittal by its duly authorized officers in accordance with its corporate bylaws and shall also list the state in which it is incorporated.

A partnership Respondent shall give full names and business addresses of all partners. All partners shall execute the submittal. Partnership and Individual Respondents shall state in the submittal the names and addresses of all persons with a vested interest therein. The place of residence of each Respondent, or the office address of the contractor, with county and state and telephone number, shall be given after the signature. Any costs associated with assembling this submittal will be at the sole expense of the Respondent.

12. WITHDRAWAL

Responses may be withdrawn prior to the due date for submission. Written notice of withdrawal shall be provided to the Purchasing Supervisor for proposals submitted in hard copy. No response may be withdrawn after opening time without reasonable exception in writing and only after approval by the City.

13. TIME ALLOWED FOR ACTION TAKEN

The City may hold responses 120 days after submittal deadline without taking action.

Respondents are required to hold their responses firm for same period of time.

14. ALTERATIONS/AMENDMENTS TO RESPONSES

Responses CANNOT be altered or amended after the opening deadline. Alterations made before opening time must be initialed by Respondent guaranteeing authenticity.

15. LIST OF EXCEPTIONS

The Respondent shall attach to the response a list of any exceptions to the specifications/requirements, on a point-by-point basis.

16. NAME BRANDS

Specifications may reference name brands and model numbers. It is not the intent of the City to restrict these responses in such cases, but to establish a desired quality level of merchandise or to meet a pre-established standard due to like existing items. Respondents may offer items of equal stature and the burden of proof of such stature rests with Respondents. The City shall act as sole judge in determining equality and acceptability of products offered.

17. INSPECTIONS & TESTING

The City reserves the right to inspect any item(s) or service location for compliance with specifications and requirements and needs of the using department. If a Respondent cannot furnish a sample of a response item, where applicable, for review, or fails to satisfactorily show an ability to perform, the City can reject the response as inadequate.

18. PRICING

Prices for all goods or services shall be firm for the duration of this contract and shall be stated on the Proposal form. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the contractor and included in the response prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, Respondent MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails.

Price changes during this contract may be adjusted with approval from the City. If the requested price adjustment is not supported by a recognized market index (fuel index, chemical index, etc.) adjustment, the City, in its sole discretion, may consider approving an adjustment on fully documented market or price increases. Price adjustments shall be requested on a quartly basis:

Q1 – January 1 through March 31 Q2 – April 1 through June 30 Q3 – July 1 through September 30 Q4 – October 1 through December 31 If the adjustment is calculated and the index pricing is lower, Bidder agrees to decrease price accordingly. No price adjustment will be effective until the seleted vendor receives acceptance from the City. If the City does not approve the selected vendor’s price adjustment, the vendor or the City may terminate upon 30 days advance written notice as dictated in the contract. No price adjustment shall exceed 25% of the originally agreed to price over the term of the contract.

19. INTERPRETATIONS

Any questions concerning the requirements or scope of work with regards to this solicitation for responses shall be directed to the designated individuals as outlined herein.

Such interpretations, which may affect the eventual outcome of this solicitation for responses, shall be furnished in writing to all prospective Respondents via Addendum. No interpretation shall be considered binding unless provided in writing by the City in accordance with paragraph titled “Addenda and Modifications.”

20. ANTICIPATED TERM OF CONTRACT

The anticipated term for the proposed contract shall be for a period of one year, with three

(3) additional one-year extensions as agreed upon by both parties in writing. The City reserves the right to require any successful Respondent to enter a separate written contract containing the terms herein other reasonable conditions.

21. EVALUATION

The evaluation process shall be used to determine which response items or services meet the criteria described in “AWARD OF CONTRACT” Section. All Responses are subject to tabulation by the City and recommendation to the City Council. Compliance with all response requirements, delivery and needs of the using department are considerations in evaluating responses. The City reserves the right to contact any Respondent, at any time, to clarify, verify or request information with regard to any response.

22. AWARD OF CONTRACT

In accordance with Section 252.043 of the Texas Local Government Code, the City seeks to contract with the best value proposer. In determining the best value proposer, the City may consider the following criteria:

1) the purchase price;

2) the experience and reputation of the Respondent and of the Respondent's goods or services;

3) the quality of the Respondent's goods or services;

4) the impact on the ability of the City to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities;

5) total long-term cost to the City to aquire the Respondent’s goods or services; and

6) any other relevant criteria specifically listed in the Request for Responses.

Respondents must provide sufficient information to allow the City to evaluate Proposers based on criteria above and the weighted selection criteria included in “Selection Criteria” Section. To demonstrate qualifications to perform the Work, each Respondent must include with its submission written evidence, such as financial data, previous experience, present commitments and other such data that meets the best value considerations outlined in section 252.043 of the Texas Local Government Code. Each Proposal must contain evidence of Respondent’s qualification to do business in the state of Texas or covenant to obtain such qualification prior to award of the contract.

The City reserves the right to accept any item or group of items on this response, unless the Respondent qualifies his/her response by specific limitations.

23. SELECTION PROCESS

Respondents should prepare a sealed proposal responsive to all information requested in this RFP.

The City will use a selection committee to evaluate the proposals. The City will select the response that submits the proposal that offers the best value for the Owner based on the criteria in this request and its ranking evaluation. The response received will be part of the selection process utilized by Owner. Owner reserves the right to and may contact Respondents with questions or clarifications relating to that Respondent’s response to this

RFP.

The Owner’s selection committee will rank the Respondents and will notify each of the rankings within 45 days of proposal opening. The Owner will then negotiate with the highest ranked Respondent as allowed by statute. The set of Contract Documents, including the forms for the Contract and the Technical Specifications, are included with this RFP for Respondent evaluation prior to submission of a Proposal. If a contract cannot be successfully negotiated with the highest ranked Respondent, in the opinion of Owner, negotiations will be terminated and Owner will proceed to negotiate with the next highest ranked Respondent in the order of the selection ranking until a mutually agreed contract can be negotiated or all proposals are rejected.

24. SELECTION CRITERIA

The selection criteria used to evaluate the RFP responses will include, but not be limited to, the following (items listed below are not listed in order of importance):

1. The Cost of the Work (weighted at 35%).

2. Proposed Schedule/Contract Time (weighted at 20%).

3. Past Performance on Similar Projects. The qualifications, reputation, capability and past performance of the offeror with similar goods/services (weighted at 20%).

4. The available resources to complete the project. This criterion would include personnel, resources and methodologies commonly used by your firm that may be applicable to the project categories (weighted at 10%).

5. Overall Qualifications, Reputation, Past Relationship with the City of Victoria. This includes the qualifications, reputation, capability, safety record, financial capability, and offeror’s past relationship and experience with the City of Victoria or other public entities (weighted at 5%).

6. The Contractor’s corporate history and stability. This criterion includes the historical stability, corporate structure, and history of litigation or arbitration on projects in the last five (5) years (weighted at 5%).

7. References. Offeror must provide at least 5 references from projects of similar size and scope, including name, title, phone number, and project (weighted at 5%).

SELECTION CRITERIA WEIGHTED VALUE

Cost of Work 35% Schedule/Contract Time 20% Past Performance on Similar Projects 20% Available Resources 10% Overall Qualifications, Reputation, Past Relationship 5% Corporate History and Stability 5% References 5% Total 100%

Respondents shall include with the proposal all information and qualifications to allow the City’s selection committee to evaluate the proposal in accordance with this section and the evaluation criteria listed here. The City reserves the right to request additional post-proposal information from any or all Respondents to assist in evaluating the proposal based on the selection criteria. The Owner reserves the right to reject any and all proposals. The Owner reserves the right to waive any and all irregularities in proposals.

25. RIGHT TO REJECT/ AWARD

The City reserves the right to reject any or all Responses, to waive any or all formalities or technicalities, and to make such awards of contract to the Respondent who provides the best value to the City.

26. CLARIFICATION OF REQUIREMENTS AND QUESTIONS

All requests for additional information or clarification concerning this response must be submitted in writing using the eProcurement site at https://www.bidnetdirect.com/texas/city-of-victoria or can be emailed to the Staff Contact Person on or before NOON CST, AUGUST 11, 2022. Questions received after the stated deadline will not be answered. Questions submitted and the City’s responses will be posted with this solicitation as addenda.

27. RESTRICTIONS ON COMMUNICATION

Respondent(s) are prohibited from communicating with: 1) the City of Victoria City Council Members and City staff regarding the RFP or proposals from the time the RFP has been released until the contract is posted as a City Council agenda item; and 2) City employees from the time the RFP has been released until the contract is awarded. These restrictions extend to “thank you” letters, phone calls, emails and any contact that results in the direct or indirect discussion of the RFP or proposal submitted by Respondent.

Violation of this provision by Respondent or its agent may lead to disqualification of Respondent’s proposal from consideration.

Exceptions to the restrictions on communication with City employees include:

A. Respondents may ask verbal questions concerning this RFP at the Pre-Submittal Conference or submit clarification requests pursuant to “ADDENDA AND MODIFICATIONS” Section.

B. Staff Contact located in the “STAFF CONTACT” section.

28. ADDENDA AND MODIFICATIONS

Any changes, additions, or clarifications to the RFP are made by amendments (addenda) and will be posted on the Public Purchase website. Any respondent in doubt as to the true meaning of any part of the RFP or other documents may request an interpretation from the Staff Contact Person. At the request of the Respondent, or in the event the Staff Contact Person deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Procurement Manager. Such addendum will be attached to the original RFP in the Public Purchase file and will become part of the RFP package having the same binding effect as provisions of the original RFP. It shall be the Respondent(s) responsibility to ensure that they have received all Addenda with respect to this project.

Furthermore, Respondents are advised that they must recognize, comply with, and attach a signed copy of each Addendum which shall be made part of their submittal. Respondent(s) signature on Addenda shall be interpreted as the respondent’s recognition and compliance to official changes as outlined by the City and as such are made part of the original RFP documents. Failure of any Respondent to receive any such addendum or interpretation shall not relieve such Respondent from its terms and requirements. Addendums are available online at https://www.bidnetdirect.com/texas/city-of-victoria. No verbal explanations or interpretations will be binding. The City does not assume responsibility for the receipt of any addendum sent to Respondents.

29. INVITATION FOR RESPONSES PREPARATION COSTS

Issuance of this RFP does not commit the City, in any way, to pay any costs incurred in the preparation and submission of a response. All costs related to the preparation and submission of this RFP shall be borne by the Respondent.

30. EQUAL EMPLOYMENT OPPORTUNITY

Respondent agrees that it will not discriminate in hiring, promotion, treatment, or other terms and conditions of employment based on race, sex, national origin, age, disability, or in any way violate Title VII of 1964 Civil Rights Act and amendments, except as permitted by said laws.

31. INDEPENDENT CONTRACTOR

It is expressly understood and agreed by both parties hereto that the City is contracting with the successful Respondent as independent contractor. The parties hereto understand and agree that the City 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 Respondent under this contract and that the successful Respondent has no authority to bind the City.

32. INSURANCE

Required Insurance Coverage. Any of the coverage set forth below may be waived by the City of Victoria in its sole discretion, but any such waiver must be signed by an authorized representative of the City of Victoria. The contracted Respondent will be required to maintain, at all times during performance of the Contract, the insurance detailed in the Insurance Rider attached as Exhibit A .

33. DELIVERY OF GOODS/SERVICES

Delivery of materials shall be FOB Destination, to the City of Victoria, Surface Water Treatment Plant, 2902 Bluff Street, Victoria, Texas 77901 and the Regional Wastewater Treatment Plant, 923 US Highway 59 South, Victoria, Texas 77905. Any action necessary to expedite replacement of equipment or materials delivered in an unacceptable condition shall be the sole responsibility of the Respondent.

The Respondent expressly covenants and agrees that in undertaking to complete the scheduling of deliveries as set forth herein, they have taken into consideration and made allowances for ordinary delays and hindrances incident to such schedules, whether growing out of delays in securing materials or other factors.

Normal delivery hours are: 8:00 a.m. to 5:00 p.m. Monday through Friday, except holidays. Care should be taken to arrange deliveries at those times. The ability to accept deliveries other than those times is extremely limited and not assured.

The City shall have a reasonable time (but not less than 30 days) after receipt to inspect the goods and services that are tendered by Respodent. The City at its option may reject all or any portion of such goods or services which do not, in the City’s sole discretion, comply in every respect with all terms and conditions of the Contract. The City may elect to reject the entire goods and services tendered even if only a portion thereof is nonconforming. If the City elects to accept nonconforming goods and services, the City, in addition to its other remedies, shall be entitled to deduct a reasonable amount from the price thereof to compensate the City for the nonconformity. Any acceptance by the City, even if non-conditional, shall not be deemed a waiver or settlement of any defect in such goods and services.

When delivery is not met as provided for in the contract, the Purchasing Department reserves the right to make the purchase on the open market, with any cost in excess of the contract price paid by the Respondnet, in addition to any other damages, direct or consequential, incurred by the City as a result thereof. In addition, failure of the vendor to meet the contract delivery dates will be cause for removal of the Respondent from the City’s list of eligible Respondents as determined by the Purchasing Department.

34. WARRANTIES

Respondents shall furnish all data pertinent to warranties or guarantees which may apply to items in the response.

The Respondent shall warrant that any equipment furnished or work performed shall be free from defects in design, materials, workmanship, and will give successful service under the specified operating conditions. Furthermore, the Respondent agrees, upon notice from the City, to make good all defects in design, materials, or performance developing in the materials or equipment under its intended use for at least twelve (12) months from the date of installation and initial operation, or the manufacturer’s warranty whichever is greater length of time.

In the event that the equipment must be returned to the factory under warranty, the Respondent shall be responsible for delivery charges both to and from the factory.

35. INDEMNIFICATION CLAUSE

TO THE FULLEST EXTENT PERMITTED BY LAW, THE RESPONDENT SHALL INDEMNIFY,

DEFEND AND HOLD HARMLESS THE CITY OF VICTORIA AND EACH COUNCIL MEMBER,

OFFICER, EMPLOYEE OR AGENT THEREOF (THE CITY OF VICTORIA AND ANY SUCH

PERSON BEING HEREIN CALLED AN “INDEMNIFIED PARTY”), FOR, FROM AND AGAINST

ANY AND ALL LOSSES, CLAIMS, DAMAGES, LIABILITIES, COSTS AND EXPENSES

(INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES AND COURT COSTS)

TO WHICH ANY SUCH INDEMNIFIED PARTY MAY BECOME SUBJECT, UNDER ANY THEORY

OF LIABILITY WHATSOEVER (“CLAIMS”), INSOFAR AS SUCH CLAIMS (OR ACTIONS IN

RESPECT THEREOF) RELATE TO, ARISE OUT OF, OR ARE CAUSED BY THE GOODS OR

SERVICES PROVIDED BY THE RESPONDENT, ITS OFFICERS, EMPLOYEES, AGENTS, OR ANY

TIER OF SUBCONTRACTOR IN THE PERFORMANCE OF THIS AGREEMENT.

36. RESPONDENT’S EMPLOYEES

Neither the Respondent nor his/her employees engaged in fulfilling the terms and conditions of any awarded contract shall be employees of the City. The method and manner of performance of such undertakings shall be under the exclusive control of the Respondent on contract. The City shall have the right of inspection of said undertakings at any time.

37. VERBAL THREATS

Any threats made to any employee of the City, be it verbal or written, to discontinue the providing of item/material/services for whatever reason or reasons shall be considered a breach of contract and the City will immediately sever the contract with the vendor.

38. CONFIDENTIAL INFORMATION

A. Any information deemed to be confidential or proprietary by the respondent should be clearly annotated on the pages where confidential or proprietary information is contained.

The City cannot guarantee that it will not be required to disclose all or part of any public record under Texas Public Information Act, since information deemed to be confidential or proprietary by the responder may not be confidential or proprietary under Texas Law, or pursuant to a Court order. Pursuant to SB 943, the City must disclose certain contracting information and the law presumes that most contracting information is public. Certain types of contracting information must generally be released under the Public Information Act:

overall price; price and description of items or services to be delivered; delivery and service deadlines; remedies for breach of contract; identity of the parties to the Contract; execution and effective dates; and information connected to a vendor or contractor’s performance on the contract. Additionally, information regarding performance under the Contract, including breaches of the Contract, Contract variances, amendments, liquidated damages, and other penalties for non-performance, must generally be released under the Public Information Act.

B. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this RFP and the contractor or vendor agrees that the Contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter.

39. JURISDICTION

Contract(s) executed as part of this solicitation shall be subject to and governed under the laws of the State of Texas. Any and all obligations and payments are due and performable and payable in Victoria County, Texas.

40. VENUE

The parties agree that exclusive venue for purposes of any and all lawsuits, cause of action, arbitration, or any other dispute(s) shall be in Victoria County, Texas.

41. CONFLICT OF INTEREST

http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=GV&Value=552

Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local government entity must disclose in the Questionnaire Form CIQ, the vendor or person’s affiliation or business relationship that might cause a conflict of interest with a local government entity. This questionnaire must be filed, by law, with the City no later than the 7th business day after the date the person becomes aware of facts that require the statement be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. For more information or to obtain the Questionnaire CIQ go to the Texas Ethics Commission web page at www.ethics.state.tx.us/forms/CIQ.pdf.

IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT

YOUR OWN LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL

RESPONSIBILITY OF EACH PERSON OR AGENT OF A PERSON WHO IS

SUBJECT TO THE FILING REQUIREMENT. AN OFFENSE UNDER CHAPTER 176

IS A MISDEMEANOR.

42. CERTIFICATE OF INTERESTED PARTIES

Pursuant to Section 2252.908, Texas Government Code, as amended and formal rules released by the Texas Ethics Commission (TEC), all contracts with private business entities requiring approval by the City of Victoria City Council, will require the on-line completion of Form 1295 "Certificate of Interested Parties." Form 1295 is also required for any and all contract amendments, extensions or renewals. Contractors are required to complete and file electronically with the Texas Ethics Commission using the online filing application.

Please visit the State of Texas Ethics Commission website, https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm and https://www.ethics.state.tx.us/tec/1295-Info.htm for more information.

IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT

YOUR OWN LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL

RESPONSIBILITY OF EACH PERSON OR AGENT OF A PERSON WHO IS

SUBJECT TO THE FILING REQUIREMENT.

43. CONFIDENTIALITY OF INFORMATION AND SECURITY

Should the successful respondent be awarded a contract and become the holder of, and have access to, confidential information, (in the process of fulfilling its responsibilities in connection with the contract), the successful respondent agrees that it shall keep such information confidential and will comply fully with the laws and regulations of the State of Texas, ordinances and regulations of the City of Victoria, and any applicable federal laws and regulations relating to confidentiality.

http://www.ethics.state.tx.us/forms/CIQ.pdf https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm https://www.ethics.state.tx.us/tec/1295-Info.htm

44. SUBSTITUTIONS/CANCELLATIONS OF RESPONSES

No substitutions or cancellations are permitted without approval of the City.

45. ADDITIONAL REPRESENTATION

A Respondent submitting a response to this RFP must submit a verified statement (Attachment C)that it does not boycott Israel and will not boycott Israel during the term of the Agreement as described in Chapter 2270 of the Texas Government Code as amended.

Failure to comply with this requirement is grounds for disqualifications; however, the City reserves the right to contact Respondent who fails to comply initially to correct the omission or to confirm the Respondent’s policy.

46. AGREEMENT

The successful Respondent shall enter into a Contract with the City.

PART II

RESPONSE FORM A - PROPOSAL SIGNATURE PAGE

SUBMIT TO:

THE CITY OF VICTORIA

Purchasing Supervisor 702 N. Main St. Suite 132 Victoria, TX 77901

REQUEST FOR

COMPETITIVE SEALED

PROPOSAL (RFP)

Title:

Number:

ANNUAL SUPPLY CONTRACT FOR ONE TON CHLORINE CYLINDERS

RFP-TA-08172022-CHEM Closing Date & Time: AUGUST 17, 2022 AT 10:00 AM

NAME OF PARNTERSHIP, CORPORATION OR

INDIVIDUAL

TAXPAYER IDENTIFICATION

NUMBER

MAILING ADDRESS NO RESPONSE: If not submitting a response, state reason below and return one copy of this form

CITY, STATE ZIP

PHONE EMAIL

FAX WEB ADDRESS

DELIVERY: Calendar days after receipt of Purchase Order:

__________ days (ARO)

RESPONSES ARE FIRM FOR ACCEPTANCE FOR 120

DAYS

YES NO OTHER

PAYMENT TERMS

_______ % / Net _______ I certify that this response is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a response for the same materials, supplies, or equipment and is in all respects fair and without collusion or fraud. I agree to all conditions of this response and certify that I am authorized to sign this response for the Respondent. In submitting a response to the City, the Respondent offers and agrees that if the response is accepted, the Respondent will convey, sell, assign or transfer to the City all rights, titles and interest in and to all causes to action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Texas for price fixing relating to the particular commodities or services purchased or acquired by the City. At the City’s discretion, such assignment shall be made and become effective at the time the City tenders final payment to the Respondent.

AUTHORIZED SIGNATURE DATE PRINTED NAME/TITLE

Please initial by all that apply. I acknowledge receipt of the following addendum.

Addendum #1 __________ Addendum #2 __________ Addendum #3 __________

Please Note:

This page must be completed and returned with your proposal.

Proposals received after the above closing date and time will not be accepted.

RFP-TA-08172022-CHEM 12

PART III

RESPONSE FORM B – PROPOSAL FORM

To: City of Victoria, Texas 702 N. Main Street, Suite 132 Victoria, Texas 77901

Project:

RFP No.:

Project No.:

Respondent:

(Print or type full name of proprietorship, partnership, corporation, or joint venture)

1.1 Proposal

A. Total Proposal Price: The undersigned Respondent proposes and agrees, if this Proposal is accepted, to enter into an Agreement with City of Victoria, Texas, in the form included in the Proposal Documents to provide goods as specified or indicated in the Proposal Documents for the Contract Amount indicated in this Proposal or as modified by amendment.

B. Period for Proposal Acceptance: Respondent accepts all of the terms and conditions of the Request for Proposals and Instructions to Respondents.

This offer shall remain open to acceptance and is irrevocable for 120 days after Proposal Date (opening). That period may be extended by mutual written agreement of City and Respondent.

C. Addenda: Respondent hereby acknowledges it has received, examined and carefully studied all Addenda and all Addenda have been considered and all related costs are included in the Total Proposal Price.

2.1 RESPONDENT REPRESENTATIONS

A. Respondent is familiar with and is satisfied as to all federal, state and local laws and regulations that may affect cost, progress, performance and furnishing of the goods/services.

B. The Proposal Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the goods/services for which this Proposal is submitted.

C. Laws to be Observed: In the performance of the Contract, the Vendor must comply with all applicable federal, state, and local laws, ordinances and regulations, including but not limited to laws concerned with labor, safety, minimum wages, and the environment. The Vendor will make himself familiar with and shall at all times observe and comply with all federal, state, and local laws, ordinances and regulations which in any manner affect the conduct of the work, and SHALL INDEMNIFY AND

SAVE HARMLESS THE CITY OF VICTORIA, AND ITS

REPRESENTATIVES AGAINST ANY CLAIM ARISING FROM

VIOLATION OF ANY SUCH LAW, ORDINANCE OR

REGULATION BY HIMSELF OR BY HIS AGENT OR BY HIS

EMPLOYEES.

RFP-TA-08172022-CHEM 13

D. Review by City: The City and authorized representatives, agents and employees of the City shall at all times have access to and be permitted to observe and review all work, materials, equipment, payrolls, personnel records, employment conditions, material invoices, books and accounting records, subcontracts, purchase orders, and all other relevant data, documents and records pertaining to this Contract.

E. Respondent will submit written evidence of its authority to do business in the state where the Project is located with its Proposal.

F. Respondent further represents that this Proposal is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any individual or entity to refrain from submitting a Proposal; and Respondent has not sought by collusion to obtain for itself any advantage over any other Respondent or over the City.

3.1 EVALUATION CRITERIA

1. The Cost of the work (weighted at 35%).

2. Proposed Schedule/Contract Time (weighted at 20%).

3. Past Performance on Similar Projects. The qualifications, reputation, capability and past performance of the offeror with similar goods/services (weighted at 20%).

4. The available resources to complete the Project. This criterion would include personnel, resources and methodologies commonly used by your firm that may be applicable to the project categories (weighted at 10%).

5. Overall Qualifications, Reputation, Past Relationship with the City of Victoria. This includes the qualifications, reputation, capability, safety record, financial capability, and offeror’s past relationship and experience with the City of Victoria or other public entities (weighted at 5%).

6. The Contractor’s corporate history and stability. This criterion includes the historical stability, corporate structure, and history of litigation or arbitration on projects in the last five (5) years (weighted at 5%).

7. References Offeror must provide at least 5 references from projects of similar size and scope, including name, title, phone number and project (weighted at 5%).

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4.1 SIGNATURES: By signing this Document, I agree that I have received and reviewed all Proposal Documents, Requirements/Specifications, and Addenda and considered all costs associated with the Proposal Documents, Requirements/Specifications, and Addenda in calculating the Total Proposal Price.

Respondent:

(Print or type full name of your proprietorship, partnership, corporation or joint venture*) *If Proposal is a joint venture, add additional Proposal Form signature sheets for each member of the joint venture.

By: Date

Name: Title:

Doing Business as:

Mailing Address:

Physical Address:

Telephone: Fax:

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5.1 CERTIFICATION OF PROPOSAL

The undersigned affirms that they are duly authorized to execute this Proposal, that this Proposal has not been prepared in collusion with any other Respondent, and that the contents of this Proposal have not been communicated to any other Respondent prior to the official opening of this Proposal. Additionally, the undersigned affirms that the Respondent is willing to sign the attached Agreement (if applicable). Further, Respondent certifies that the only person or parties interested in this offer as principals are those named herein. Respondent has not directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive proposing.

Signed By: Title:

Typed Name: Company Name:

Phone No.: Fax No.:

Email:

Proposal Address:

P.O. Box or Street City, State Zip

Order Address:

P.O. Box or Street City, State Zip

Remit to Address:

P.O. Box or Street City, State Zip

Federal Tax ID No.:

Date:

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EXHIBIT 1: PROPOSAL SHEET

THIS DOES NOT REPRESENT AN ORDER FOR A PURCHASE BY THE CITY OF VICTORIA

USE THIS FORM IN SUBMITTING ALL BIDS

BIDDERS NAME &

CONTACT INFORMATION

(To be completed by bidder)

Date:

Request #: RFP-TA-08172022-CHEM

REQUEST FOR:

ANNUAL SUPPLY CONTRACT FOR ONE TON

CHLORINE CYLINDERS

ELECTRONIC BIDS WILL BE RECEIVED UNTIL

10:00 AM CST ON WEDNESDAY, AUGUST 17,

2022 AT BID NET DIRECT-TEXAS PURCHASING

GROUP https://www.bidnetdirect.com/texas/city-of-victoria RESPONSES WILL BE OPENED AND

PUBLICLY READ ALOUD AT 10:00 AM CST

ON WEDNESDAY, AUGUST 17, 2022 AT 700

MAIN CENTER, 702 N. MAIN STREET, SUITE

205, VICTORIA, TEXAS 77901

Thomas Anklam, CTCM, CTCD 361-485-3170

ITEM QTY DESCRIPTION UNIT PRICE AMOUNT

1 $ $ 215 Cylinders One Ton Chlorine Cylinders as Per City of Victoria Bid Specifications

Per Cylinder

TOTAL $

(INCLUDE FULL LEGAL NAME {OR

EXACT CORPORATE NAME} & TRADE

NAME, ADDRESS, PHONE NUMBER,

FAX NUMBER AND E-MAIL ADDRESS

{IF AVAILABLE}

TOTAL PROPOSAL PRICE (written)_________________________________________________________

ALL TAXES TO BE EXCLUDED FROM BID. PRICES TO BE QUOTED F.O.B. DESTINATION TO

THE CITY OF VICTORIA, TEXAS DELIVERY IN ____________ DAYS FROM RECEIPT OF

PURCHASE ORDER.

RFP-TA-08172022-CHEM 17

ATTACHMENT A:

SPECIFICATIONS FOR ONE

TON CHLORINE CYLINDERS

1. SCOPE

This specification covers Chlorine (PRODUCT) for the treatment of the City of Victoria’s potable water supply and for the disinfection of the City of Victoria’s wastewater.

2. DESCRIPTION

The PRODUCT must meet industry standards for the purification of water in order to provide potable water suitable and safe for human consumption. The PRODUCT shall be furnished in one ton cylinders.

It shall be the responsibility of the supplier to unload and place the containers in the designated locations and pick up the empty containers. The delivery of PRODUCT will be on an “as needed” basis.

3. AFFIDAVIT OF COMPLIANCE

Bidders must submit with the bid proposal, an affidavit of compliance acknowledging that the PRODUCT furnished will comply with most current American Water Works Association (AWWA) Standard for Chlorine ANSI/AWWA B301, http://www.awwa.org/bookstore and have National Sanitation Foundation (NSF Int’l.) certification. The chemicals and delivery pursuant to these Purchase Specifications shall comply with this ANSI/AWWA standard, except as specifically varied in these Purchase Specifications.

4. DELIVERY

Deliveries will be accepted Monday through Friday only, between 8:00 a.m. and 4:00 p.m. (Central Standard Time). Deliveries are to be F.O.B. Destination to the City of Victoria, Texas. Possible delivery addresses are listed below and will be designated on each purchase order issued.

4.1 Surface Water Treatment Plant, 2902 Bluff Street, Victoria, TX 77901

4.2 Water Plant #3, 3209 N. Ben Jordan, Victoria, TX 77901

4.3 Regional Wastewater Treatment Plant, 923 US Highway 59 South, Victoria, TX 77901

4.4 Vendor agrees to provide the quantity of Product ordered by the City within 15 days of each order. If the City needs Product in a faster time frame than 15 days, the City may request a faster delivery time-frame from the Vendor or order the Product from another vendor.

5. CONTRACT

This contract shall be for a period of one year with the option for renewal for an additional three one-year periods if agreeable with both the successful bidder and the City of Victoria.

6. ORDER PLACEMENT

Supplier shall furnish the contact information and the preferred method for placing an order below:

(Name) (Phone) (Fax) ( E-mail)

7. BIDDEI R INFORMATION

The undersigned certifies that he has fully read and understands this Invitation to Bid and has full knowledge of the scope, quantity, and quality of the services to be furnished and intends to adhere to the provisions described herein. The undersigned also affirms that they are duly authorized to submit this bid, that this bid has not been prepared in collusion with any other Bidder, and that the contents of this proposal have not been communicated to any other Bidder prior to the official opening of this bid.

Additionally, the undersigned affirms that the firm is willing to sign a Standard Form of Contract. Firm Name:_____________________________ Address:_________________________________ Telephone No.:__________________________ E-Mail:__________________________________ Signature of Authorized Representative: ______________________________________________ Print Name:_____________________________________________________________________

RFP-TA-08172022-CHEM 18

ATTACHMENT B:

STANDARD TERMS AND CONDITIONS

AGREEMENT: This set of Terms and Conditions is incorporated into a Contract in its entirety and, upon execution of the Contract by both Parties, constitutes a portion of the Parties’ Agreement. No change, modification or revision to the Agreement shall be binding unless made in writing and signed by the Parties. The City will not in any manner be responsible for goods delivered or work done for our account without a written order.

DEFINED TERMS: Where utilized in this Request for Proposals, Contract, requirements/specifications, or elsewhere, the following defined terms shall have the meaning assigned to them:

1. “Contract Documents” means the its terms and conditions, the technical specificiations, requirements, specifications, drawings, addendum, and amendments, all of which comprise the full agreement of the Parties.

ACCEPTANCE: Acceptance of this Standard Terms and Conditions shall be deemed effective upon t h e City’s execution of this Contract or upon shipment of the goods which are the subject of this Contract, whichever occurs first. Any proposal made by Respondent for additional or different terms and conditions or any attempts by Respondent to vary, in any degree, any of the terms and conditions of this Contract is hereby rejected.

COMPLETION: TIME IS OF THE ESSENCE IN THE PERFORMANCE OF THIS

CONTRACT. If Respondent fails to effect delivery or performance of the associated services required by the City in accordance with the project schedule, delivery schedule, or other time requirements as communicated to Respondent in the Contract or its attachments, in addition to its other rights and remedies hereunder, the City shall have the right to terminate this Contract by notice effective when received by Respondent or after the expiration of five days from the date of mailing of such notice, whichever occurs first. Such termination shall be effective as to goods not yet received by the City or services not yet rendered, regardless of their transit status. Thereafter, the City shall have the right to purchase substitute goods or services elsewhere and charge Respondent with any and all losses, costs and expenses, including, but not limited to actual, consequential and incidental damages, reasonable attorneys’ fees, and engineering or consulting fees incurred by the City by reason of such delay or termination.

PRICES: Respondent warrants that the prices shown hereunder are the prices quoted to the City at the time of sale and include all costs incurred by Respondent for shipment of all goods included in this Contract. In the event of any price reduction between execution of the Contract and delivery of the goods, the City shall be entitled to such reduction.

SHIPMENT AND DELIVERY: All goods made the subject hereof are to be suitably prepared and packaged for shipment in accordance with good commercial practice so as to effect safe delivery and freedom from weather or other damage and to meet the carrier’s requirements. All damages to such goods occurring prior to delivery will be charged to Respondent. No charges will be allowed for packing, crating or carriage unless stated in this Contract. If, in order to comply with the City’s required delivery date it

RFP-TA-08172022-CHEM 19

becomes necessary for Respondent to ship by a more expensive way than specified in this Contract, any such increased transportation costs shall be paid by Respondent. All deliveries shall be F.O.B. point designated on the face of this Contract or as specified in writing by the City. Cost of all return shipments, for whatever reason returned, shall be borne by Respondent with title and risk of loss passing at the City’s point of shipment, unless otherwise specified by the City at the time of return.

INSPECTION: The City shall have a reasonable time after delivery or performance to inspect the…