2026-25-40-01 Bid Document.pdf

City of Mansfield | Water Treatment Chemicals Bid No. 2026-25-40-01

CITY OF MANSFIELD, TEXAS

REQUEST FOR BIDS (RFB) SPECIFICATIONS

INVITATION TO BID FOR WATER TREATMENT CHEMICALS

The City of Mansfield is soliciting requests for sealed bids to provide water treatment chemicals for the Bud Ervin Water Treatment Plant. Bid documents can be obtained from the office of the City Secretary at City Hall, 1200 E. Broad St., Mansfield, TX 76063, by telephone at (817) 276-4204, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, or available for download on the city website, until the Deadline for Bid submission as stated below.

Bid Timeline/Deadline

Milestone Event Date & Time (Local Time)

City Begins Accepting Bids Monday, September 14th, 2026 at 8:00 a.m.

Pre-Bid Meeting (Non-Mandatory) N/A (None Scheduled)

Deadline for Bid Questions Friday, September 26th, 2026 at 5:00 p.m.

Deadline for Bid Submission & Opening Wednesday, September 30th, 2026 at 3:30 p.m.

All bid responses are due and must be received by the City Secretary prior to the Bid submission deadline. No late responses will be accepted. Sealed bids will be publicly opened and read aloud at the Bid opening time specified above.

Envelope Labeling Requirements Bid documents, including on the front, lower, left-hand corner on the FRONT and the BACK of your response envelope, must contain the legal name of the company as listed by the Texas Secretary of State Registry and other information as provided below:

Company Name: _______________________________ Company Address: _____________________________ Bid Reference Number: 2026-25-40-01 Subject: Water Treatment Chemicals Bid Opening Time: 3:30 p.m. Wednesday, September 30th, 2026

The City of Mansfield point of contact for this solicitation is Blake Ward, Public Works-Utilities Chief Operator. Questions are to be submitted in writing to Blake Ward at blake.ward@mansfieldtexas.gov. Bidder understands and agrees to the responsibility for obtaining any and all bidding documents and addenda and adhering to all requirements in addenda(s).

GENERAL REQUIREMENTS FOR SEALED BIDS

General requirements apply to all advertised requests for Sealed Bids; however, these may be superseded, whole or in part, by the Instructions/Terms of Contract. Be sure that your bid package is complete.

1. BID COMPLETION

Fill out and return the complete bid form in an appropriately sized envelope or box. THE PACKAGE

MUST SHOW THE BID INFORMATION STATED AND REQUIRED IN THE INVITATION TO BID.

The completion of these forms is intended to verify that the bidder has submitted the bid, is familiar with its contents, and has submitted the material in accordance with all requirements.

2. SIGNATURES

All bid responses are required to be signed by an authorized representative of the applying entity.

Bid responses received unsigned will not be considered.

3. ALTERING QUOTES BY THE BIDDER

Bids cannot be altered, amended or withdrawn by the Bidder after the deadline. The signer of the bid, guaranteeing authenticity, must initial any interlineations, alteration, or erasure made before this deadline.

4. MODIFICATIONS AND AMENDMENTS BY THE CITY

The City shall have the right to modify the specifications prior to the bid submission deadline and will endeavor to notify all potential Bidders that have received a copy of the bid specifications, but failure to notify shall impose no obligation or liability on the City.

5. QUOTE WITHDRAWAL OR REJECTION

The City reserves the right to withdraw the request for bids for any reason or to reject any or all bids or parts of all of any specific bid or bids. The City further reserves the right to accept part or all of any specific bid or bids, and to accept any bid or bids with or without trade-in.

6. LATE QUOTES

The City of Mansfield is not responsible for lateness or non-delivery of mail, carrier, etc. to the City, and the time and date recorded in the City Secretary’s Office shall be the official time of receipt.

7. PRICES HELD FIRM

All prices quoted by the Bidder will remain firm for the term of the agreement unless otherwise specified by the City.

8. AWARD OF CONTRACT

8.1 The City reserves the right to reject any and all Bids, to waive any and all formalities, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids.

Also, the City reserves the right to reject the Bid of any Bidder if the City believes that it would not be in the best interest of the City and Project to make an award to that Bidder, whether because the Bid is not responsible or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the City. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit price. Discrepancies between the unit price in words and the unit price in figures will be resolved in favor of the price in words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct Sum.

8.2 In evaluating Bids, the City will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form prior to the Notice of Award. The City may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed. The City may conduct such investigations as the City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers, and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to the City’s satisfaction within the prescribed time. If the contract is to be awarded, the City will give the successful Bidder a Notice of Award within forty-five (45) days after the day of the Bid opening.

9. IDENTICAL REQUESTS FOR BID

In the event of two or more identical low bids, the contract will be awarded as prescribed by Chapter 271, Subchapter Z, Section 271.901 of Vernon's Texas Codes Annotated.

10. DEVIATION FROM SPECIFICATIONS

Any deviations from specifications and alternate bids must be clearly shown with complete information provided by the Bidder. They may or may not be considered by the City.

11. WARRANTIES

Guarantees and warranties should be attached as a part of the bid as they may be a consideration in awarding the contract. Bidder shall not limit or exclude any implied warranties.

12. FUNDING OUT

The continuation of an annual contract with the successful Bidder is contingent, in part, upon the continued availability of appropriations.

13. ASSIGNMENT

The successful Bidder's rights and duties awarded by the contract may not be assigned to another without written consent of the City signed by the City's authorized agent. Such consent shall not relieve the assigner of the liability in the event of default by the assignee.

14. REQUEST FOR BID AMBIGUITY

Any ambiguity in the bid as a result of omission, error, and lack of clarity or non-compliance by the Bidder with specifications, instructions and all conditions of quote shall be construed in the favor of the City.

15. CHANGE ORDERS

No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing and shall not be effective unless signed by an authorized representative of the City.

16. LIENS

The successful Bidder agrees to and shall indemnify and save harmless the City against any and all liens and encumbrances for all labor, goods and services which may be provided under the City's request, by seller or seller's vendor(s) and if the City requests, a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City.

17. PATENT INDEMNITY

The successful Bidder(s) hereby warrants that the use or sale of the products and materials delivered hereunder will not infringe on the rights of any patent, copyright, or registered trademark, covering such materials and the successful Bidder(s) agrees to indemnify and hold harmless the City for any and all costs, expenses, judgments and damages which the City may have to pay or incur.

18. GRATUITIES/BRIBES

The City may, by written notice to the successful Bidder(s), cancel this contract without liability to the Bidder(s) if it is determined by the City that gratuities or bribes in the form of entertainment, gifts, or otherwise, were offered or given by the successful Bidder(s), or its agent or representative to any City officer, employee or elected representative with respect to the performance of the contract. In addition, the successful Bidder(s) may be subject to penalties stated in Title 8 of the Texas Penal Code.

19. RESPONSE FORM TO BE USED

The bid must be submitted on the form provided.

20. PAYMENT AND TAXES

Payment to the successful Bidder will be after satisfactory completion of the services ordered by the City or scheduled in the specifications and receipt of the invoice or other billing instrument used by the successful Bidder. The City is exempt from Federal Excise and State Sales Tax; therefore, tax must not be included in the quote. All prices quoted shall include all charges.

21. MATERIAL SAFETY DATA SHEETS

Under the Hazardous Communications Act, commonly known as the Texas Right to Know Act, a bidder must provide the City with each delivery, material safety sheets, which are applicable to hazardous substances, defined in the Act. Failure of the bidder to furnish this documentation will be cause to reject any bid applying thereto.

22. REFERENCES

Each Bidder will be required to provide a minimum of five (5) verifiable references in which the Bidder has maintained properties of similar size and quality. List the references on Attachment I.

23. COOPERATIVE GOVERNMENTAL PURCHASING

Other Governmental entities, utilizing interlocal agreements with the City of Mansfield, may wish, but are not obligated, to purchase goods or services defined in this solicitation from the successful Bidder. All purchases by other governmental entities will be billed directly to and paid by that governmental entity. The City of Mansfield will not be responsible for another governmental entity’s debts. Each governmental entity will place their own orders with the successful Bidder and be responsible for ensuring full compliance with the bid specifications. Prior to other governmental entities placing orders, the City of Mansfield will notify the successful Bidder of their intent.

Please indicate below if you will permit other governmental entities to purchase from your contract with the City of Mansfield:

[ ] Yes, Others can purchase [ ] No, Only the City of Mansfield can purchase

24. NOTIFICATION OF BID SPECIFICATIONS

Please check below how you learned of these bid specifications:

[ ] Newspaper Advertisement [ ] City’s Website [ ] City Mailed Me a Copy [ ] Cold Call to the City [ ] Other: _____________________

25. BETTER BUSINESS BUREAU

The successful Bidder must presently be in good standing with the Better Business Bureau that services the area where the Bidder’s principal place of business is located.

26. CONFLICT OF INTEREST

Pursuant to the requirements of Section 176.002(a) of the Texas Local Government Code, suppliers or Respondents who meet the criteria must fill out a Conflict of Interest Questionnaire (Form CIQ) no later than the 7th day after the person begins contract discussions or negotiations with the City or submits to the City an application, response to a request for proposals, correspondence, or another writing related to a potential contract. The statute makes it a Class C Misdemeanor to violate the Supplier disclosure provisions. The form CIQ can be accessed at:

https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf. By submitting a response to this bid, the supplier, contractor or person represents that it is in compliance with the requirements of Chapter 176 of the Texas Local Government Code.

SPECIFICATIONS AND TERMS OF CONTRACT

A. CONTRACT TIME AND PRICE ADJUSTMENTS

1. The initial term of this agreement shall be for a period of twelve (12) months from the date of approval by Mansfield City Council, with a contract period of October 1st, 2026, through September 30th, 2027.

2. At the City’s option, this contract shall be renewable for up to four (4) additional twelve (12) month periods, on the same terms, conditions, and percentage adjustment by mutual agreement of the parties.

3. Upon expiration of the initial term or any extension, the successful bidder agrees to hold over under the terms and conditions of this agreement for a reasonable period of time to allow the City to re-let an agreement, not to exceed ninety (90) days, reimbursed at the prior contract rate(s).

4. Prices shall remain firm throughout the initial 12-month term of the agreement and shall include all associated freight and delivery costs. Price adjustments may be considered only during the renewal process, subject to the following conditions:

• Requests for price increases must be accompanied by supporting evidence from the manufacturer.

• In the event of an industry-wide price change, the City will consider requests for one price increase per year of the agreement.

• Notification of price changes must be submitted in writing to the Purchasing Division, with the effective date of the change to be at least thirty (30) days after written notification.

• The City reserves the right to accept or reject price adjustments. If the request is unacceptable, the City reserves the right to cancel any affected individual item or the entire agreement upon thirty (30) days' written notice.

B. GENERAL DEFINITIONS & EXPECTATIONS

1. Project Area / Delivery Site: The Bud Ervin Water Treatment Plant, located at 707 Pleasant Ridge Court, Mansfield, Texas 76063.

2. Inspector/Designee: Shall mean a designated representative from the City of Mansfield (e.g., Blake Ward) who shall monitor the Contractor’s performance and deliveries for compliance.

3. City: The City of Mansfield, Texas, a municipal corporation.

4. Vendor / Contractor: The successful bidder selected to provide the water treatment chemicals.

C. CHEMICAL DELIVERY WORK RULES & SPECIFICATIONS

1. Delivery Lead Times: The Vendor shall physically deliver chemicals to the Bud Ervin Water Treatment Plant within three (3) days (72 hours) of the City's phone or email order for the following chemicals: Aluminum Chlorohydrate (ACH), Hydrogen Peroxide, Liquid Ammonium Sulfate (LAS), Hydrochloric Acid (HCl), and Caustic Soda (NaOH). Fluoride (Hydrofluorosilicic Acid) must be delivered within seven (7) days (168 hours) of the City's order.

2. Unloading & Off-loading: The Vendor is fully responsible for unloading and transferring chemicals from the delivery truck to the plant storage tanks. The Vendor must provide all equipment required for off-loading (including air compressors, pumps, hoses, quick-connect fittings, adapters, safety signs, and safety PPE) and adapt the transferring device to match the plant connections at no cost to the City.

3. Spillage & Cleanup: The Vendor will immediately clean up any spillage made during transfer and is solely responsible for all cleanup costs, compliance with Federal and State requirements, and any damages sustained to equipment, surrounding areas, and the environment.

4. Quality & Compliance (NSF/ANSI 60): All chemical deliveries must conform to applicable American Water Works Association (AWWA) standards and must be certified as suitable for drinking water contact in accordance with ANSI/NSF Standard 60. Certificates of Analysis (COA) must accompany each shipment.

5. Delivery Security: The Vendor must strictly comply with the City's security protocol: (a) Send photos and names of drivers making deliveries in advance; (b) Match driver photo ID at plant; (c) Seal trucks with security tags and email tag serial numbers and tanker numbers to plant personnel prior to dispatch. Discrepancies may result in load refusal, and significant discrepancies will be reported to the Police Department.

6. Annual Safety Training: The Vendor shall provide annual training for City employees who come in contact with their products, emphasizing the 'employee right to know' and education on Safety Data Sheets (SDS).

D. EQUIPMENT REQUIREMENTS

The Vendor must demonstrate ownership of, or access to, sufficient specialized transport equipment (e.g., tanker trucks, hopper trucks, or tote trucks) and on-truck operational pneumatic compression units to safely execute bulk chemical deliveries. Drivers must be fully equipped with appropriate safety PPE.

E. TERMINATION OF AGREEMENT

The City may terminate this contract for convenience by giving ten (10) days' written notice, or immediately if the Vendor fails to deliver chemicals meeting specifications, fails to deliver on the scheduled day, or fails to comply with any contract provisions.

AUTHORITY TO QUOTE & SECONDARY VENDOR AGREEMENT

I agree to meet the stated minimum requirements as set forth in these specifications and any documents attached for the prices listed on the Summary of Bid Proposal Form.

WE AGREE TO SERVE AS A SECONDARY VENDOR IF NOT SELECTED AS THE PRIMARY

VENDOR:

[ ] YES [ ] NO

Bidder/Company Name: __________________________________________________

Authorized Representative Name: _________________________________________

Authorized Representative Title: _________________________________________

Authorized Representative Signature: ____________________________________

Address: ______________________________________________________________

City, State & Zip: ____________________________________________________

Telephone Number: _____________________ Email Address: _________________

Date: _________________________

Warranty of Services / Chemical Performance Description:

CERTIFICATION: I, the official named below, hereby swear that I am duly authorized legally to bind the company to the above-described certification and affirm that I have read and do understand the specifics of this Request for Bids and any attachments contained herein. I am fully aware that this certification is made under penalty of perjury under local, state, and federal laws.

By: ____________________________________ Date: ________________________

ATTACHMENT I: REFERENCES

Each Bidder is to provide a minimum of five (5) verifiable references in which the Bidder has provided similar water treatment chemicals or related delivery services of similar size and quality.

For new vendors (those who have not supplied chemicals to the City within three (3) years), at least one reference must be from a local municipality or water plant of similar size.

REFERENCE 1

Company / Entity Name: _________________________________________________ Address: ______________________________________________________________ Contact Person & Title: ________________________________________________ Telephone Number: ( ) _________________ Email: _____________________ Service Provided & Annual Chemical Volume: ____________________________

REFERENCE 2

Company / Entity Name: _________________________________________________ Address: ______________________________________________________________ Contact Person & Title: ________________________________________________ Telephone Number: ( ) _________________ Email: _____________________ Service Provided & Annual Chemical Volume: ____________________________

REFERENCE 3

Company / Entity Name: _________________________________________________ Address: ______________________________________________________________ Contact Person & Title: ________________________________________________ Telephone Number: ( ) _________________ Email: _____________________ Service Provided & Annual Chemical Volume: ____________________________

REFERENCE 4

Company / Entity Name: _________________________________________________ Address: ______________________________________________________________ Contact Person & Title: ________________________________________________ Telephone Number: ( ) _________________ Email: _____________________ Service Provided & Annual Chemical Volume: ____________________________

REFERENCE 5

Company / Entity Name: _________________________________________________ Address: ______________________________________________________________ Contact Person & Title: ________________________________________________ Telephone Number: ( ) _________________ Email: _____________________

Service Provided & Annual Chemical Volume: ____________________________

ATTACHMENT II: INSURANCE REQUIREMENTS

Prior to contract approval, the successful Contractor shall furnish a completed Certificate of Insurance (COI) proving the following minimum coverages. THE CITY SHALL HAVE NO DUTY TO

PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE HAS BEEN

DELIVERED.

No. Insurance Type Required Minimum Limits Required

1 Workers' Compensation Employer's Liability

Statutory Limits $100,000 each accident $100,000 disease (each employee) $500,000 disease (policy limit)

2 Commercial General Liability (CGL) (Includes premises/operations, products & completed operations, contractual liability, personal & advertising injury)

$1,000,000 per occurrence $2,000,000 annual aggregate

3 Comprehensive Automobile Liability (Coverage on 'Any Auto' - owned, hired, and non-owned, including loading and unloading hazards)

$1,000,000 Combined Single Limit (CSL) per accident

4 Environmental Impairment Liability (EIL) and/or Pollution Liability

$2,000,000 to $5,000,000 per occurrence $5,000,000 to $10,000,000 aggregate

Additional Policy Endorsements & Required Provisions:

• Additional Insured: The City of Mansfield, its Officers, Employees, and Volunteers must be named as Additional Insured on all policies except Workers' Compensation.

• Notice of Cancellation: Thirty (30) days' prior written notice of cancellation, non-renewal, or material limit reduction must be provided directly to the City of Mansfield.

• Waiver of Subrogation: All policies must include a waiver of rights of recovery (subrogation) in favor of the City of Mansfield.

• Insurer Rating: All insurance companies must be licensed/approved to do business in Texas and have a minimum A.M. Best rating of A:VII.

• Certificate Project Reference: All insurance certificates must reference the project: 'Water

Treatment Chemicals Bid No. 2026-25-40-01'.

ATTACHMENT III: STANDARD FORM OF AGREEMENT

THE STATE OF TEXAS

COUNTY OF TARRANT

CITY OF MANSFIELD CONTRACTOR AGREEMENT

THIS AGREEMENT ("Agreement") is entered into by and between the City of Mansfield, Texas (hereinafter "CITY") and [Insert Winning Bidder Company Name] (hereinafter "CONTRACTOR").

ARTICLE 1: WORK

CONTRACTOR hereby agrees to perform the work in accordance with the Contract Documents, generally identified as follows: Water Treatment Chemicals Annual Delivery (Bid Reference No.

2026-25-40-01).

ARTICLE 2: CONTRACT TIME

The CONTRACTOR agrees to commence Work on October 1st, 2026, and execute deliveries throughout the 12-month contract period ending September 30th, 2027. Chemical deliveries must be completed within three (3) days (72 hours) of order (or 7 days (168 hours) for Fluoride).

ARTICLE 3: CONTRACT PRICE

CITY shall pay CONTRACTOR the unit prices indicated on the approved Summary of Bid Proposal Form. Prices shall be firm for the 12-month period. Any additional work or chemical deliveries, when authorized in writing by the CITY, shall be paid based on the bid quantity unit price.

ARTICLE 4: PAYMENT PROCEDURES

Payment to CONTRACTOR will be subject to satisfactory completion of chemical deliveries and within thirty (30) days of CITY’s receipt of invoice. The CITY is exempt from Texas state sales tax.

Within ten (10) days of contract award, the CONTRACTOR shall submit ACH billing information, as CITY payments will only be issued via ACH.

ARTICLE 5: INDEMNIFICATION

CONTRACTOR AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY, ITS

OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS, LIABILITIES, LOSSES,

OR DAMAGES ARISING OUT OF THE NEGLIGENCE, ERRORS, OR OMISSIONS OF THE

CONTRACTOR OR ITS REPRESENTATIVES DURING PERFORMANCE. CONTRACTOR SHALL

RETAIN DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF THE CITY'S WRITTEN

INVOCATION OF THIS INDEMNIFICATION.

ARTICLE 6: CONTRACTOR'S REPRESENTATIONS

The CONTRACTOR represents that it has fully familiarized itself with the nature and extent of the contract documents, delivery sites, local regulations, and safety standards necessary for executing chemical deliveries safely and reliably.

ARTICLE 7: AVAILABILITY OF FUNDS / NON-APPROPRIATION

The CITY's financial obligation is contingent upon annual funding appropriation. In the event funds are not appropriated, this agreement shall terminate immediately without further penalty or liability to the CITY.

ARTICLE 8: MISCELLANEOUS

8.1 Assignments: No assignment of rights or duties is binding without prior written consent.

8.2 Subcontracting: CONTRACTOR is fully responsible for all acts and omissions of subcontractors.

8.3 Equal Employment Opportunity: CONTRACTOR shall not discriminate against any employee or applicant based on race, color, sex, religion, national origin, or disability.

8.4 Safety: CONTRACTOR shall fully comply with OSHA standards and public safety requirements.

ARTICLE 9: CONTRACT DOCUMENTS

The entire agreement comprises: (1) Invitation to Bid; (2) Bid Specifications and CONTRACTOR's Response; (3) Insurance Requirements (Attachment II); (4) Certificate of Insurance; (5) Signed Standard Form of Agreement (Attachment III); (6) Detailed Scope of Work (Attachment IV).

FORM CONTRACT

THE STATE OF TEXAS §

COUNTY OF TARRANT §

CITY OF MANSFIELD

CONTRACTOR AGREEMENT

THIS AGREEMENT (“Agreement”) is entered into by and between the City of Mansfield (hereinafter “CITY”) and [Insert Company Name], (hereinafter “CONTRACTOR”). CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1

WORK

CONTRACTOR hereby agrees to perform the work in accordance with the Contract Documents (as hereinafter defined in Article 8), which is generally identified as following: [Insert summary title of the Project] (“Work”)

ARTICLE 2

CONTRACT TIME

The CONTRACTOR agrees to commence Work within ______ days and complete the same within __________ working days.

ARTICLE 3

CONTRACT PRICE

CITY shall pay CONTRACTOR the prices indicated in the Contract Documents. Any additional work performed, when previously authorized in writing by CITY, shall be paid based on the quantity price quoted in the Contract Documents.

ARTICLE 4

PAYMENT PROCEDURES

Payment to CONTRACTOR will be subject to satisfactory completion of authorized, Work, in CITY’s sole discretion, and within thirty (30) days of CITY’s receipt of invoice or other billing instrument used by CONTRACTOR. All charges are to be less sales tax, as CITY is tax exempt.

Within ten (10) days of award of the contract or purchase order, the CONTRACTOR shall submit its ACH information to the City of Mansfield. CITY payments shall only be paid via ACH.

ARTICLE 5

INDEMNIFICATION

CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY AND ITS

RESPECTIVE OFFICERS, AGENTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL

CLAIMS, LAWSUITS, JUDGMENTS, FINES, PENALTIES, COSTS AND EXPENSES FOR

PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR OTHER HARM OR

VIOLATIONS FOR WHICH RECOVERY OF DAMAGES, FINES, OR PENALTIES IS SOUGHT,

SUFFERED BY ANY PERSON OR PERSONS, THAT MAY ARISE OUT OF OR BE OCCASIONED

BY CONTRACTOR’S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS

AGREEMENT, VIOLATIONS OF LAW, OR BY ANY NEGLIGENT, GROSSLY NEGLIGENT,

INTENTIONAL, OR STRICTLY LIABLE ACT OR OMISSION OF THE CONTRACTOR, ITS

OFFICERS, AGENTS, EMPLOYEES, INVITEES, SUBCONTRACTORS, OR SUB-

SUBCONTRACTORS AND THEIR RESPECTIVE OFFICERS, AGENTS, OR REPRESENTATIVES,

OR ANY OTHER PERSONS OR ENTITIES FOR WHICH THE CONTRACTOR IS LEGALLY

RESPONSIBLE IN THE PERFORMANCE OF THIS AGREEMENT. THE INDEMNITY PROVIDED

FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE

SOLE NEGLIGENCE OF THE CITY, AND ITS OFFICERS, AGENTS, EMPLOYEES OR

SEPARATE CONTRACTORS. THE CITY DOES NOT WAIVE ANY GOVERNMENTAL IMMUNITY

OR OTHER DEFENSES AVAILABLE TO IT UNDER TEXAS OR FEDERAL LAW. THE

PROVISIONS OF THIS PARAGRAPH ARE SOLELY FOR THE BENEFIT OF THE PARTIES

HERETO AND ARE NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR

OTHERWISE, TO ANY OTHER PERSON OR ENTITY.

CONTRACTOR AT ITS OWN EXPENSE IS EXPRESSLY REQUIRED TO DEFEND CITY AGAINST

ALL SUCH CLAIMS. CITY RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS

OWN DEFENSE; HOWEVER, CITY IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION

BY CITY IS NOT TO BE CONSTRUED AS A WAIVER OF CONTRACTOR’S OBLIGATION TO

DEFEND CITY OR AS A WAIVER OF CONTRACTOR’S OBLIGATION TO INDEMNIFY CITY

PURSUANT TO THIS AGREEMENT. CONTRACTOR SHALL RETAIN DEFENSE COUNSEL

WITHIN SEVEN (7) BUSINESS DAYS OF CITY’S WRITTEN NOTICE THAT CITY IS INVOKING

ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF CONTRACTOR FAILS TO

RETAIN COUNSEL WITHIN THE REQUIRED TIME PERIOD, CITY SHALL HAVE THE RIGHT TO

RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF AND CONTRACTOR SHALL BE LIABLE

FOR ALL COSTS INCURRED BY THE CITY.

ARTICLE 6

CONTRACTOR’S REPRESENTATIONS

CONTRACTOR makes the following representations:

6.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work to be performed, site locality, tests, reports, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work.

6.2. CONTRACTOR has correlated the results of all such observations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents.

6.3. CONTRACTOR has given CITY written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution by CITY is acceptable to CONTRACTOR. CONTRACTOR acknowledges that CITY has relied on the representations under this Article 6 in executing this Agreement.

ARTICLE 7

AVAILABILITY OF FUNDS / NON-APPROPRIATION

This Agreement is subject to the availability of funding. The CITY’s obligation hereunder is contingent upon the availability of appropriated funds from which payment for this Agreement can be made. No legal liability on the part of the CITY for any payment shall arise until funds are made available to the contracting officer for this Agreement and until the CONTRACTOR receives notice of such availability, to be confirmed in writing by the contracting officer. In the event sufficient appropriation, grants, and monies are not made available to the CITY to pay these services for any fiscal year, this Agreement shall terminate without further obligation of the CITY. In such event, the CITY shall certify to CONTRACTOR that sufficient funds have not been made available to CITY to meet the obligations of this Agreement; such certification shall be conclusive upon parties.

ARTICLE 8

MISCELLANEOUS

8.1 ASSIGNMENTS: No assignments by a party hereto of any rights under or interest in the Contract Documents will be binding on another party hereto without written consent of the party sought to be bound; and specifically but without limitation moneys that may come due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

8.2 CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents.

8.3 TERMINATION: OWNER may terminate the Agreement by giving CONTRACTOR notice in writing. Upon delivery of such notice by CITY to CONTRACTOR, CONTRACTOR shall discontinue all services in connection with the performance of the Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders or contracts are chargeable to this Agreement. As soon as practicable after receipt of notice of termination, CONTRACTOR shall submit a statement, showing in detail the services performed under this Agreement to the date of the termination. CITY shall then pay CONTRACTOR that portion of the prescribed charges which the services actually performed under this Agreement bear to the total services called for under this Agreement less such payments on account of the changes as have been previously made. Copies of all completed designs, plans and specifications prepared under this Agreement shall be delivered to CITY when and if this Agreement is terminated.

8.4 SUBCONTRACTING:

A. CONTRACTOR may utilize the services of specialty subcontractors on those parts of the work, which, under normal contracting practices, are performed by specialty subcontractors.

B. CONTRACTOR shall not award any work to any subcontractor until CONTRACTOR submits to CITY a written statement concerning the proposed award to the subcontractor, which statement shall contain such information as CITY may require.

C. CONTRACTOR shall be as fully responsible to CITY for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him.

D. CONTRACTOR shall have a person that is on his payroll and with the authority to make decisions, on-site at all times.

E. Nothing contained in this Agreement shall create any contractual relation between any subcontractor and CITY. CONTRACTOR is an independent contractor.

8.5 PERMITS AND LICENSES: CONTRACTOR shall procure at his expense all permits and licenses necessary, pay all charges and fees and give all notices necessary and incident to the prosecution of the work.

8.6 EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE: CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, sex, religion, national origin, or disability. CONTRACTOR shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, sex, religion, national origin, or disability. Such action shall include, but not be limited to the following: employment, upgrading, demotions or transfers, recruitment or recruitment advertising, layoffs, or terminations, rates of pay, or other forms of compensation, selection of training, including apprenticeship, and participating in recreational and educational activities. CONTRACTOR will in all solicitations or advertisements for employees placed by or on behalf of CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, sex, religion, national origin, or disability. CONTRACTOR will cause the foregoing provisions to be inserted in all subcontractors for any work covered by this Agreement. Such provisions shall not apply to contracts for standard commercial supplies or raw materials.

8.7 INSURANCE: Within ten (10) days of execution of this Agreement, and before CONTRACTOR begins providing this service, CONTRACTOR must provide CITY with proof of insurance as defined in the Contract Documents.

8.8 SAFETY: CONTRACTOR shall comply with all Occupational Safety and Health Act (OSHA) standards and any other Federal, State or Local rules and regulations applicable to construction and/or maintenance activities in the State of Texas.

City Safety Personnel or any supervisor may, but are not required to, order that the work be stopped if a condition of immediate danger is found to exist. Nothing contained herein shall be construed to shift responsibility or risk or loss for injuries or damage sustained as a result of a violation of these safety articles from CONTRACTOR to the City of Mansfield. CONTRACTOR shall remain solely and exclusively responsible for compliance with all safety requirements and for the safety of all persons and property at the project site.

ARTICLE 9

CONTRACT DOCUMENTS

The Contract Documents, which comprise the entire agreement between the CITY and CONTRACTOR concerning the Work, consist of the following:

9.1 Request for Quote

9.2 Bid Specifications and CONTRACTOR’s Response

9.3 Insurance Attachment

9.4 Insurance Certificate (completed by CONTRACTOR’s insurance agent/broker)

9.5 [Insert any other documents or exhibits]

Executed on behalf of the CONTRACTOR by its owner shown below, and on behalf of the OWNER by its City Manager, or authorized representative, this Agreement will be effective on the ____________day of ____________, 20_______.

ATTACHMENT IV: SCOPE OF WORK

The CONTRACTOR shall supply and deliver the following water treatment chemicals in accordance with the specifications and requirements of Bid No. 2026-25-40-01. The estimated quantities listed are for analysis and contract baseline purposes only; actual quantities may vary depending on plant treatment needs.

Item Chemical Description Estimated Annual Quantity

Normal Load Size

Delivery Vehicle / Method

1 Liquid Aluminum Chlorohydrate

(ACH)

(AWWA B408-18)

800 Wet Tons 45,000 lbs. Tanker Truck

2 Sodium Hydroxide 50 wt.% (NaOH) (Membrane Grade, AWWA B501- 13)

800 Wet Tons 44,000 lbs. Tanker Truck

3 Liquid Ammonium Sulfate (LAS) (38 - 40 wt.%, AWWA B302-16)

400 Wet Tons 47,000 lbs. Tanker Truck

4 Hydrochloric Acid 15 wt.% (HCl) (NSF 60 Certified)

140 Wet Tons 41,000 lbs. Tanker Truck

5 Sodium Chloride (NaCl) (Powdered, AWWA B200-17)

1,000 Dry Tons 46,000 lbs. Hopper Truck (<130°F)

6 Hydrofluorosilicic Acid 23% (Fluoride, AWWA B703-11)

50 Wet Tons 23,000 lbs. Tanker Truck (72h- 168h lead)

7 Citric Acid 50 wt.% (NSF/ANSI Standard 60)

20 Wet Tons 350 Gallons Tote Truck (350-gal. totes)

8 Hydrogen Peroxide 50 wt.% (NSF 60 Certified)

20 Wet Tons 40,000 lbs. Tanker Truck

Technical Assistance & Samples Requirement:

• Only the winning bidder, upon explicit request by the City, must submit a 1-liter chemical sample for verification.

• The Vendor is requested to describe the level of technical assistance provided to the City of

Mansfield Water Treatment Department. If none is available, the Vendor must state:

'TECHNICAL ASSISTANCE IS NOT AVAILABLE'.

Invoicing & Shipping Delivery Locations:

Invoice To: City of Mansfield, Bud Ervin Water Treatment Plant, 1200 East Broad Street, Mansfield, Texas 76063. Email: blake.ward@mansfieldtexas.gov Ship To: City of Mansfield, Bud Ervin Water Treatment Plant, 707 Pleasant Ridge Court, Mansfield, Texas 76063.

CONFLICT OF INTEREST QUESTIONNAIRE (FORM CIQ)

For vendor doing business with local governmental entity. Pursuant to Chapter 176 of the Texas Local Government Code, this questionnaire must be completed and filed with the City Secretary no later than the 7th business day after the date you begin contract discussions or submit a bid.

The formal Conflict of Interest Questionnaire (Form CIQ) can be accessed and downloaded directly from the Texas Ethics Commission website at the following URL:

https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf

Please ensure a signed and completed Form CIQ is included in your sealed bid package. Failure to include this form may render your proposal non-responsive.

ATTACHMENT V: BID PROPOSAL AND EXCEPTION FORMS

The CONTRACTOR shall Bid on the following water treatment chemicals using the following Bid Proposal and Exception Forms in accordance with the specifications and requirements of Bid No.

2026-25-40-01.

SUMMARY OF BID PROPOSAL FORM

BID PROPOSAL NO. 2026-25-40-01

TO: City of Mansfield, Texas

Office of the City Secretary

1200 E. Broad St

Mansfield, Texas 76063

FROM:_________________________

The following quotation is submitted for consideration.

BIDDERS PROPOSAL

CHEMICAL BID: _________________________________________

ESTIMATED QUANTITY UNIT PRICE

_____________Wet Tons $_____________

Time period bid to remain effective: After awarding the bid, the successful bidder agrees to hold the bid price for a period of twelve (12) months from the date of the Award Notice. This proposal is presented on behalf of the company stated herein, and I hereby state that I am a duly authorized representative of the said company authorized to bind the said company to the provisions of this proposal.

CONTRACT PERIOD: October 1st, 2026, through September 30th , 2027.

Company ______________________________

Signature ______________________________

Title ______________________________

Date ______________________________

EXCEPTION TO SPECIFICATION FORM

BID PROPOSAL NO. 2026-25-40-01

Firm Name: _______________________________________________

Instructions: Any and all exceptions to the specifications stated in the bid packet are to be clearly written on this form and presented with the bid proposal.

If there are NO Exceptions, please fill in NONE below and return this form.