ESBD_10142025_955_RFB 25-1374 Water Treatment Chemicals.pdf

Request for Bids

10/14/2025 RFB No. 25-1374 Dear Prospective Respondent:

Sealed Bids will be received by the Purchasing Agent or other designee of the Brazos River Authority no later than 10:00 AM, Thursday, November 13, 2025 for Water Treatment Chemicals. All qualified firms including Small, Minority, Women Owned Businesses and Historically Underutilized Businesses are encouraged to submit bids in response to this request.

Bids must be submitted and received no later than the due date and time specified. Any Bid received later than the specified time, shall not be considered. The BRA is NOT responsible for ensuring the delivery of Bids.

Refer to Section 13. Delivery of Bid Submittals for instructions on submitting a response to this solicitation.

Bid must be clearly identified as follows on the outside of the sealed physical submission. The BRA shall not be responsible for submissions that are not properly identified. Proper identification of Respondent’s bid is the sole responsibility of the Respondent and failure to do so may result in the submission not being included in the bid opening:

RFB TITLE: Water Treatment Chemicals

RFB NO: 25-1347

RFB DUE DATE: 10:00 AM, Thursday, November 13, 2025

The BRA shall have the right to accept or reject any or all Bids, or any part thereof, and to waive any technicalities in the interest of the BRA.

BRA will evaluate all relevant health, safety and business factors on all solicitations to determine when to initiate a notice to proceed on all projects, delivery of goods and/or services or procurement of construction related services to best attempt to balance BRA needs and to protect the health and safety of BRA employees, the employees of respondents and the public at large.

Sincerely, Victor Venegas Purchasing Agent

4600 Cobbs Drive • Waco, Texas 76710 254-761-3166

RFB No. 25-1347 WATER TREATMENT CHEMICALS Page 2 of 12

SUPPLIER DIVERSITY PURCHASING POLICY

The Brazos River Authority (BRA) will ensure that purchases of equipment, materials, supplies, and/or services conform with Texas Procurement law as applicable to the BRA, are cost effective, and contribute to the competitiveness of the BRA and its customers.

Procurement activities will be conducted in an open and fair manner with equal opportunity provided to all qualified parties. The BRA will provide equal contracting opportunities as provided by all applicable State and Federal laws to small business enterprises, Historically Underutilized Businesses and Disadvantaged Business enterprises.

GENERAL INSTRUCTIONS TO RESPONDENTS

The Work consists of the furnishing of all labor, materials, services, equipment, and appliances required for the delivery and the supplying of products and/or services as described herein and in the contract documents.

1. BID SUBMISSION: Bids must be received no later than the Bid opening date and time specified above. All Bids received after closing time will not be considered.

A. To be considered as eligible, a Respondent shall have complied with all legal requirements to permit him to operate in the State of Texas.

B. Bids must be electronically submitted, mailed or hand delivered to be considered.

2. WITHDRAWAL OF BIDS: No Bid may be withdrawn for a period of ninety (90) days after Bid opening, except by 1) either mutual consent of the BRA and Respondent; or 2) previously submitted Bids may be withdrawn upon written request received from Respondent prior to time established for receipt of Bids.

3. SIGNATURE ON BIDS: To be valid, Bids must be signed by an authorized person. By such signature, Respondent agrees to strictly abide by the terms, conditions, and Scope of work embodied in this Request for Bids.

4. EXAMINATION OF BID DOCUMENTS: Before submitting a Bid, all Respondents shall examine the complete Request for Bids, including Bid Notice, Instruction to Respondent, and Scope of Services, all of which are part of the Bid Documents.

5. ADDENDA: Unless otherwise stated in the Bid, answers to all questions, inquiries, and request for additional information will be issued in the form of Addenda. During the Bid period, prospective Respondent may be advised by Addenda of additions, deletions from, or changes in the requirements of the Bid Documents. The BRA will not be responsible for the authenticity or correctness of oral interpretations of the Bid documents or for information obtained in any other manner than through the media of Addenda. Receipt of each Addendum shall be acknowledged by Respondent.

Any questions concerning this Request for Bid should be submitted on https://www.bidnetdirect.com/texas/brazosriverauthority no later than five (5) days prior to the opening of the Bid. This is to allow the BRA sufficient time to respond to inquiries and provide information to all interested Respondents by Addendum. Unless otherwise stated in the Bid, Addenda will be posted on https://www.bidnetdirect.com/texas/brazosriverauthority.

Respondent is responsible for checking https://www.bidnetdirect.com/texas/brazosriverauthority for updates and Addenda until the time at which the submission is due. Failure to respond to all requirements, including those Addenda, shall be grounds for rejection of your bid.

6. TAXATION: The BRA is exempt under the Texas Sales Tax and Use Tax Laws, and the Respondent shall not include such taxes in the Bid.

7. QUALIFICATION OF RESPONDENTS: The BRA reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Respondent fails to satisfy the BRA that such Respondent is properly qualified to carry out the obligations of the contract and to complete the Work contemplated herein. Conditional Bids will not be accepted.

8. CONSIDERATION OF BIDS: Unless stated otherwise in the Advertisement or Request for Bids, the properly identified Bids received on time will be opened publicly and read aloud. Respondents are invited to be present.

9. COMPLIANCE WITH SCOPE OF SERVICES AND RIGHT OF

SELECTION: The Respondent shall abide by and comply with the true intent of the scope of services and not take advantage of any unintentional error or omission.

10. QUANTITIES: Unless stated otherwise in this Bid, the BRA is obligated during the period stipulated to purchase all of its normal requirements from the successful Respondent and the Respondent is obligated to supply the quantities which the BRA requires for its operation. The quantities stated are given as a general guide for bidding but are not guaranteed amounts, they represent the best estimated usage. The BRA reserves the option to purchase more or less of these services at the Bid price.

11. REPRESENTATIONS: By execution and submission of this Bid, the Respondent hereby represents and warrants to the BRA that Respondent has read and understands the Bid Documents and this Bid is made in accordance with the Bid Documents.

12. INDEMNIFICATION:

THE RESPONDENT SHALL COMPLY WITH THE REQUIREMENTS

OF ALL APPLICABLE LAWS, RULES, AND REGULATIONS AND

SHALL EXONERATE, INDEMNIFY AND HOLD HARMLESS THE

BRA FROM ANY AND ALL LIABILITY OR DAMAGES RESULTING

FROM FAILURE TO DO SO.

IN ADDITION, THE RESPONDENT AGREES TO INDEMNIFY,

KEEP, SAVE AND HOLD THE BRA HARMLESS FROM ANY AND

ALL ACTIONS, LIABILITIES, DAMAGES, JUDGMENTS, COSTS

AND EXPENSES INCLUDING REASONABLE ATTORNEY’S FEES,

IN CASE AN ACTION IS FILED OR DOES IN ANY WAY ACCRUE

AGAINST THE BRA, ITS OFFICIALS, OFFICERS, AND

EMPLOYEES IN CONSEQUENCE OF THE AWARDED CONTRACT

FOR ANY NEGLIGENT ACT OR OMISSION OF THE RESPONDENT

IN THE PROVISION OF SERVICES UNDER THE AWARDED

CONTRACT, OR THAT MAY RESULT FROM THE CARELESSNESS

OR LACK OF SKILL OF THE RESPONDENT OR THE

RESPONDENT’S OFFICERS, AGENT, CONTRACTORS, ASSIGNS

OR EMPLOYEES. IN THE EVENT A JUDGMENT IS RECOVERED

AGAINST THE BRA FOR ANY SUCH LIABILITY, COSTS OR

EXPENSES, SUCH JUDGMENT SHALL BE CONCLUSIVE

AGAINST THE RESPONDENT.

IT IS SPECIFICALLY UNDERSTOOD AND AGREED BY THE

RESPONDENT THAT SUCH INDEMNITY IS INDEMNITY BY THE

RESPONDENT TO INDEMNIFY AND PROTECT THE BRA FROM

LIABILITY, CLAIMS, SUITS, LOSSES, DAMAGES OR CAUSES OF

ACTION DUE TO THE RESPONDENT’S NEGLIGENCE, ERROR OR

OMISSION.

13. EVALUATION FACTORS: Respondents may furnish pricing for https://www.bidnetdirect.com/texas/brazosriverauthority https://www.bidnetdirect.com/texas/brazosriverauthority

RFB No. 25-1347 WATER TREATMENT CHEMICALS Page 3 of 12 all or any portion of the solicitation (unless otherwise specified). The BRA may evaluate and award a contract for any item or group of items shown on the Solicitation, or any combination deemed most advantageous to the BRA. Bids that specify an "All or None" award may be considered if a single award is advantageous. In the event of a mathematical discrepancy on the Bid Form, the BRA will only consider the price determined to be most advantageous to the BRA.

14. CRITERIA FOR AWARD: The BRA shall determine and select the Lowest Responsible Bidder from the Vendor/Provider, based solely upon the criteria contained within the bid documents.

15. TERMINATION: The awarded contract may be terminated at any time by the BRA, in BRA’s sole discretion, for any cause or for convenience without penalty or liability. Upon receipt of such notice, the supplier shall immediately discontinue all services and actions.

The BRA shall pay the Respondent promptly the accrued and unpaid amounts due for services to the date of termination, to the extent the services are approved by the BRA.

16. CHANGE OF CONTRACT PRICE:

The agreed upon contract price shall not be exceeded without the prior written consent of the BRA and may only be modified by a written amendment to the contract executed by both BRA and Respondent.

17. PAYMENT: Unless otherwise specified, payment for services and/or product will be processed within thirty (30) days from invoice date and acceptance of work and/or product. Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order including reference to purchase order number and submittal to the correct address for processing. Unit price on invoice shall be in two (2) decimal places only, i.e., $ .XX.

The BRA has set a goal to have as much paperwork submitted electronically. Respondents are asked to submit invoices electronically to the following Accounts Payable email address:

accounts. payable@brazos.org. Respondents who use the electronic service should not mail the original invoice.

18. CONFIDENTIALITY OF DOCUMENTS: The BRA is subject to the Texas Public Information Act (PIA). Any information submitted to the BRA by a Respondent shall be considered non-confidential and available to the public, except as follows:

In the event a Respondent considers a specific portion of their Bid to be confidential and subject to an exception to disclosure under the PIA, such portion must be clearly identified and marked "CONFIDENTIAL". Do not mark an entire bid confidential, as this is not in conformance with the PIA and is not acceptable. Only the specific portion or portions of the Bid that the Respondent considers to be confidential pursuant to the PIA should be marked. IF AN

ENTIRE BID IS MARKED CONFIDENTIAL, THE BRA WILL NOT

TREAT ANY PORTION OF THE BID AS CONFIDENTIAL AND THE

BID MAY BE REJECTED AS NON-CONFORMING. The BRA will honor notations of confidentiality made in accordance with this paragraph and decline to release such information initially. However, final determination of whether a particular portion of a Bid may in fact be withheld pursuant to the PIA will be made by the Texas Attorney General or a court of competent jurisdiction.

In the event a public information request is received for a portion of a Bid that has been marked confidential, the BRA shall ask the affected Respondent if the information may be released. If the release is agreed to, the BRA shall release the information.

If the release is denied, the matter shall be referred to the Texas Attorney General's Office in accordance with the process set forth in the PIA. The Respondent shall be fully and solely responsible for submitting arguments and evidence within the statutory timeframes to the Texas Attorney General’s Office regarding its claim of confidentiality. The BRA will NOT submit arguments on behalf of the Respondent.

The Texas Attorney General's office shall rule on the matter. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information may not be withheld, then such information will be made available to the requester. If it is determined that the information may be withheld, BRA will withhold the information from the requestor.

Pricing information contained in Bids or contracts is not considered confidential under the PIA and will be disclosed without making a request to the Texas Attorney General.

RFB No. 25-1347 WATER TREATMENT CHEMICALS p4 of 12

REQUEST FOR BIDS

WATER TREATMENT CHEMICALS

RFB NO. 25-1347

SUBMITTAL SCHEDULE

Request for Bids are posted on the BidNet Direct website at and prospective Respondents should visit the site for potential updates to bid requirements.

Tuesday, October 14, 2025

RFB is available to download at

4:00 PM, Friday, October 31, 2025

Last date and time to ask questions or request additional information. Please submit your questions at

4:00 PM, Wednesday, November 5, Post response to questions received as of the deadline or as soon thereafter, as an Addendum on

10:00 AM, Thursday, November 13, Bids are due.

11:00 AM Thursday, November 13, Bids will be opened and read out loud virtually at the link below……………………………..

https://youtube.com/live/eRzjiECoDes?feature=share

Local Time Prevailing.

https://www.bidnetdirect.com/texas/brazosriverauthority https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fyoutube.com%2Flive%2FeRzjiECoDes%3Ffeature%3Dshare&data=05%7C02%7Cvictor.venegas%40Brazos.org%7C74cbe11becd44fcbf21808de073a4c20%7C1d162e7ed166431ab98df88aadc1368d%7C0%7C0%7C638956144124771627%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=xL2sD2bIWUGyxN7B5rEmXofE2FjkBwRE3R1qa%2FU66%2Bw%3D&reserved=0

RFB No. 25-1347 WATER TREATMENT CHEMICALS p5 of 12

REQUEST FOR BIDS

WATER TREATMENT CHEMICALS

RFB NO. 25-1347

1. General The Brazos River Authority (BRA) will be accepting sealed bids from contractors to provide firm pricing for Chlorine Gas 1 ton, 2,000 lbs. cylinder, Chlorine Gas 150 lbs. cylinder, and Sulfur Dioxide Gas 150 lbs. cylinder to meet the requirements of this solicitation. To be delivered to the East Williamson County Regional Water System 201 County Road 496, Taylor, 76574 and the Hutto Central Wastewater Treatment Plant, 350 County Road 199, Hutto 78634.

2. Scope of Services The specifications in this request are the minimum acceptable. If a specific manufacturer number is used, it is to establish a quality, functional capability and/or performance level desired.

All chemicals must be NSF/ANSI STANDARD 60 approved chemicals and NSF Certification & Certificate of Analysis shall be included with the bid response.

Orders will be placed as needed throughout the year. No guarantee is made on specific quantities to be purchased. Orders will be placed using a purchase order. Delivery shall be within three (3) working days after order is placed.

Deliveries shall be F.O.B. destination freight prepaid, fuel surcharges, transportation prepaid and included unless otherwise specified.

The successful contractor shall be responsible for unloading and transferring the chemicals from the truck to the plant storage. Contractor will clean up any spillage made during transfer and be responsible for the cleanup and damages, if any, sustained to the equipment and surrounding area.

Delivery Locations:

Location Name Location

Number Address City Zip

East Williamson County Regional Water System 1 201 County Road 496 Taylor 76574

Hutto Central Wastewater Treatment Plant 2 350 County Road 199 Hutto 78634

RFB No. 25-1347 WATER TREATMENT CHEMICALS p6 of 12

Chemical Estimated Delivery Requirements:

3. Base Bid Bid price to include all labor, materials, tools, equipment (compressors, pumps, hoses, quick connectors, etc. and incidentals (fuel charges or handling charges) necessary to satisfactorily furnish and deliver chemicals.

4. Information Required in the RFB Submittal - Tab Format The BRA specifically requests succinct submittals tailored to the general and discipline-specific scope of services summarized above. All submittals become the property of the BRA. Each Bid submittal shall include the information requested below.

FAILURE TO SUBMIT ANY OF THE REQUESTED INFORMATION MAY BE

GROUNDS FOR REJECTION OF BID OR DELAY ISSUANCE OF A PURCHASE

ORDER/CONTRACT.

Tab A: Include the following:

(1) Date your company was established and a brief history; number of employees;

provide number and location of offices.

(2) Provide name, title and office location of person who will be the principal contact for the BRA and the billing location if different.

(3) Describe the types of organizations that your company typically serves and general nature of the work.

(4) A list and description of similar services completed within the last five years under your current company name or any other company name similar in nature to this solicitation. This should include the name, the location, a brief description of Scope of Services, and a contact name and telephone number of a reference for each client. List litigation that your company has been a party to in the last five (5) years, under your current company name or any other company name.

Include only litigation that involves business units in your company that are proposed for performing services under this RFB.

(5) List all such litigation involving owners and/or general contractors. To be fully responsive, provide the level of detail in the attached example, as well as a name and phone number to contact an authorized representative of your company in the event that the BRA needs to clarify your response. Failure to be fully responsive will be sufficient grounds for the BRA to disqualify your company.

Chemical Name Location Number

Estimated Annual Order Amount Estimated Amount Per Order

Chlorine Gas 1 ton (2,000 lbs.) cylinder

214,000 lbs. (107 cylinders) 12,000 (6 cylinders) every other week

Chlorine Gas 150 lbs.

cylinder 2 20,000 lbs. (~133 cylinders)

5 cylinders every other week

Sulfur Dioxide Gas 150 lbs.

cylinder 2 72,000 lbs. (48 cylinders) 2 cylinders every other week

RFB No. 25-1347 WATER TREATMENT CHEMICALS p7 of 12

(6) Have you ever defaulted, failed to complete a contract or had a contract terminated by the other party? If so, where and why? Provide name and telephone number of the other party.

(7) Please provide the contact information including the email address of the person responsible for providing proof of insurance.

Tab B: Include the following:

(1) Complete and submit the attached Request for Bids – Bid Form

(2) Complete and submit the attached W-9 form.

(3) Complete and submit the attached Conflicts of Interest Questionnaire [CIQ] form.

(4) Complete and submit the Non-Collusion Affidavit form.

(5) Complete and submit the Vendor Compliance to State Law form.

(6) One (1) copy of Material Safety Data Sheet and one (1) copy of all applicable chemical certifications with bid submittal.

5. RFB Inquiries All inquiries, including clarifying questions, related to this RFB shall only be directed to the Purchasing Agent via https://www.bidnetdirect.com/texas/brazosriverauthority The Purchasing Agent will direct any inquiries to the appropriate BRA staff, a response will be issued and if warranted, an Addendum will be posted on the BidNet Direct site. Failure to adhere to this restriction during the advertising, evaluation, and selection phases will result in the rejection of a Respondent’s Bid.

6. Respondent’s Past Performance BRA will consider Respondent’s past performance and may conduct reference checks with other entities regarding past performance. BRA may examine Respondent’s performance including, but not limited to: the Comptroller of Public Accounts Statewide Procurement Divisions Vendor Performance Tracking System, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, repeated negative performance, records of repeated non-responsiveness to performance issues, and non-renewals of contracts. Such sources of Respondent performance may include any governmental entity, whether an agency or political subdivision of the State of Texas, another state, or the Federal government. Further, BRA may initiate such examinations of Respondent performance based upon media reports. Any such investigations shall be at the sole discretion of BRA, and any negative findings, as determined by BRA, may result in non-award to Respondent.

7. Conflict of Interest Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local government entity (i.e., Brazos River Authority) must disclose in the Conflicts of Interest Questionnaire Form ("CIQ") the person's affiliation or business relationship that might cause a conflict of interest with the local government entity. By law, the CIQ must be filed with the BRA Records Management Officer no later than seven (7) days after the date the person begins contract discussions or negotiations with the BRA, or submits an application or response to a Request for Bids, correspondence, or another writing related to a potential agreement with the BRA. Updated Questionnaires must be filed in conformance with Chapter 176.

RFB No. 25-1347 WATER TREATMENT CHEMICALS p8 of 12

A copy of the CIQ is attached. 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 carries a penalty up to a Class A misdemeanor.

8. Term of Agreement The term of this Contract shall be for a period of one (1) year, commencing on the Effective Date, and may be renewed by subsequent agreement of the parties for up to four (4) additional one (1) year periods, for a total potential term of five (5) years.

9. Contract The contract will be awarded to the lowest responsible Respondent. The executed contract between BRA and the selected Respondent shall be a BRA standard form contract. Contract terms are not subject to modification and Respondent will be expected to execute the contract in substantially the form provided. Respondent should not base a bid on an expectation that BRA will modify its contract terms.

The BRA reserves the right to award contract(s) without any negotiations and reserves the right to not make awards. The BRA reserves the right to conduct studies and other investigations as necessary to evaluate any submittal. Submission of a bid confers no legal right upon any Respondent.

The decision of BRA, or its designee with regard to the above, shall be administratively final. BRA, in its sole discretion, may waive administrative deficiencies and/or minor technicalities in submittals received.

10. Insurance Requirements The Respondent shall, at Respondent’s sole expense, maintain insurance coverage as determined acceptable to the BRA. The Respondent must obtain the following minimum insurance requirements and provide proof to the BRA prior to entering into a contract:

General Liability Insurance:

Bodily Injury $ 500,000 per occurrence Property Damage $ 1,000,000 per occurrence Aggregate $ 2,000,000

Workers’ Compensation:

Statutory

Automobile Liability: $ 1,000,000 per claim / aggregate

Employers’ Liability

$ 1,000,000 policy limit

Pollution Liability

$ 1,000,000 per claim / aggregate

RFB No. 25-1347 WATER TREATMENT CHEMICALS p9 of 12

Before beginning any work under this agreement, the Respondent is required to register with myCOItracking.com and upload documentation that meets the insurance requirements outlined in this agreement. Work WILL NOT commence until the certificate of insurance is approved as compliant. The Respondent must add registration@myCOItracking.com and certificaterequest@myCOIsolution.com to their safe sender list to ensure receipt of essential communications from myCOI.

If any issues arise during registration, please contact the myCOItracking support team at (317) 759-9426.

11. Testing The BRA reserves the right to inspect and test the submitted product. The BRA in its sole discretion may disqualify a submitted product as non-conforming to the specifications if the product does not meet the requirements of the specifications during testing.

12. Recycled and Recyclable Products The BRA encourages the use of recycled products and products that may be recycled or reused.

13. Delivery of Bid Submittals Bids may be submitted in one of the following manners:

Electronic Transmission. Electronic Bids will be received on the following platform. BidNet Direct requires you to register at no charge.

Drop Box Submission Prior to Bid Submission Deadline: Hand delivery of one sealed, clearly identified original signed paper copy submission may be received up to the bid submission deadline contained in the solicitation at the Brazos River Authority Office, 4600 Cobbs Drive, Waco, Tx. 76710, utilizing the secure drop box located at the entrance of the office building. The BRA shall not be responsible for submissions that are not properly identified. Proper identification of Respondent’s bid is the sole responsibility of the Respondent and failure to do so may result in the submission not being included in the bid opening.

Mail-In Delivery: Mailed by commercial carrier, overnight or express mail, one sealed clearly identified original signed paper copy submission may be accepted by the Purchasing Agent or other designee up to the bid submission deadline contained in the solicitation at the Brazos River Authority Office, 4600 Cobbs Drive, Waco, Tx. 76710. The BRA shall not be responsible for submissions that are not properly identified. Proper identification of Respondent’s bid is the sole responsibility of the Respondent and failure to do so may result in the submission not being included in the bid opening.

RFB No. 25-1347 WATER TREATMENT CHEMICALS p11 of 12

REQUEST FOR BIDS – BID FORM

Water Treatment Chemicals

RFB No. 25-1347

Base Bid Item

Chemical Name Location UOM Bid Amount per Unit of Measure

1 Chlorine Gas 1 ton (2,000 lb.) cylinders

201 County Road 496 Taylor, 76574 Pounds

2 Chlorine Gas 150 lbs. cylinders 350 County Road 199 Hutto Central, 78634. Pounds

2 Sulfur Dioxide Gas 150 lbs.

cylinders

350 County Road 199 Hutto Central, 78634 Pounds

RFB No. 25-1347 WATER TREATMENT CHEMICALS p12 of 12

ACKNOWLEDGMENT OF REQUEST FOR BIDS AND

RECEIPT OF ADDENDA

RFB 25-1347 Water Treatment Chemicals

RESPONDENT MUST ACKNOWLEDGE RECEIPT OF THIS REQUEST FOR BIDS AND

ADDENDA BY SIGNING BELOW AND SUBMITTING THIS ACKNOWLEDGEMENT WITH

YOUR BID. FAILURE TO SIGN THIS ACKNOWLEDGEMENT WILL DISQUALIFY THE BID AS

NON-RESPONSIVE. SIGNATURE SHALL BE HAND WRITTEN.

This acknowledgement shall become part of your response and the subsequent contract documents if applicable.

ACKNOWLEDGMENT OF REQUEST FOR BIDS:

Respondent hereby acknowledges that it has received and read the Request for Bids and all Addenda, and that this Bid is made in accordance with the provisions thereof. Respondent acknowledges that this Bid meets or exceeds all terms, requirements, conditions, and/or specifications set forth in the Request for Bids and Addenda, and exceptions or deviations from such terms, requirements, conditions, and/or specifications, if any, have been clearly and conspicuously identified as such in the Bid.

Does your company have 10 or more full time employees? Check one box only.

YES NO

Name of Firm (Respondent)

Signature – Authorized Representative

Printed Name

Date

E-mail Address

Telephone

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

FORM CIQ

OFFICE USE ONLY

Date Received

This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.

This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).

By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.

A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor.

1 Name of vendor who has a business relationship with local governmental entity.

Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)

3 Name of local government officer about whom the information is being disclosed.

Name of Officer

4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.

Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary.

A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor?

Yes No

B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity?

Yes No

5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an

Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).

Signature of vendor doing business with the governmental entity Date ownership interest of one percent or more.

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021

Revised 1/1/2021Form provided by Texas Ethics Commission www.ethics.state.tx.us

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.

Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on:

(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity;

(B) a transaction conducted at a price and subject to terms available to the public; or

(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency.

Local Government Code § 176.003(a)(2)(A) and (B):

(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:

(2) the vendor:

(A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that

(i) a contract between the local governmental entity and vendor has been executed;

or

(ii) the local governmental entity is considering entering into a contract with the vendor;

(B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that:

(i) a contract between the local governmental entity and vendor has been executed; or

(ii) the local governmental entity is considering entering into a contract with the vendor.

Local Government Code § 176.006(a) and (a-1)

(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:

(1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);

(2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or

(3) has a family relationship with a local government officer of that local governmental entity.

(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of:

(1) the date that the vendor:

(A) begins discussions or negotiations to enter into a contract with the local governmental entity; or

(B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or

(2) the date the vendor becomes aware:

(A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a);

(B) that the vendor has given one or more gifts described by Subsection (a); or

(C) of a family relationship with a local government officer.

Revised May 2007

NON-COLLUSION AFFIDAVIT

STATE OF TEXAS §

COUNTY OF ________ §

By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at

Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal.

Signature:

Printed Name:

Title:

Company:

Date:

SUBSCRIBED and sworn to before me the undersigned authority by the of, on behalf of said bidder.

Notary Public in and for the State of Texas

My commission expires: ____________

EXAMPLE RESPONSE TO LITIGATION HISTORY QUESTION

Date Parties Nature/Description of Litigation Outcome 2010 XYZ, Inc. v. Owner Owner brought suit against XYZ, Inc.

claiming flawed design of a concrete pad.

XYZ, Inc.

Nonsuited

2011 XYZ, Inc. v. Owner XYZ, Inc. retained to design bike path, the path collapsed in construction and owner sued XYZ, Inc. and contractor

Settled

2012 XYZ, Inc. v. Contractor Contractor claimed XYZ, Inc. negligent on a project where Contractor was constructing a tower and the tower allegedly incorporated incorrect materials. XYZ, Inc. disputes the allegations.

Ongoing

FORM – PCRC04122024

C:\Users\victor.venegas\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\LAUMELTV\Purc hase Contract - Recurring - 04.12.2024 Chemical Standard Template CPI.docx RFB: 21-12-1192 SSS #5385 1 of 17

PURCHASE CONTRACT

In consideration of the mutual promises as set forth below, this Purchase Contract (“Contract”) is made and entered into this ____ day of_______________, 2024 (“Effective Date”), by and between COMPANY NAME (“VENDOR”) with a mailing address of INSERT ADDRESS, and the Brazos River Authority (“BRA”), 4600 Cobbs Drive, Waco, Texas 76710.

Recitals

WHEREAS, BRA desires to purchase Merchandise, as defined in Section I. below, and in accordance with the specifications and representations set forth in Exhibit “A”, attached hereto and incorporated by reference herein, and VENDOR desires to sell said Merchandise to BRA; and

WHEREAS, BRA agrees to pay for Merchandise as set forth in Exhibit “B”, attached hereto and incorporated by reference herein; and

WHEREAS, BRA and VENDOR agree to conform with all bid proposal documents, including the bid proposal, any addenda, and any bid responses (collectively “Bid Documents”), incorporated by reference herein.

NOW, THEREFORE, in consideration of the mutual promises set forth herein, BRA and VENDOR agree as follows:

SECTION I. Supply of Merchandise

1.1 The VENDOR hereby agrees to fully comply with all “Product and Provision Requirements” specified in Exhibit “A”, and the Bid Documents. In the event of a conflict between this Contract (including Exhibits “A” and “B”) and the Bid Documents, this Contract shall control.

1.2 The term “Merchandise” as used herein shall mean both the products/goods to be provided by the VENDOR and services/tasks to be performed by the VENDOR in the provision of the products/goods, as set forth in Exhibit “A”.

1.3 In providing the Merchandise, the VENDOR shall provide all necessary labor, services, transportation, information, data, and all other means and items necessary to provide the Merchandise.

1.4 The VENDOR hereby covenants and agrees, as an independent contractor, to provide the Merchandise required in strict accordance with the terms and provisions of this Contract and in a manner consistent with the level of care and skill ordinarily exercised for similar services in the State of Texas.

RFB: 21-12-1192 SSS #5385 2 of 17

SECTION II. Compensation

2.1 Payments for provision of the Merchandise contemplated by this Contract shall be in the amount and in accordance with the provisions set forth in Exhibit “B” and the Bid Documents.

2.2 VENDOR shall submit an invoice after Merchandise is provided to BRA. All invoices shall be due and payable no less than thirty (30) days after receipt. It is expressly understood and agreed by the VENDOR that any compensation not specified in Exhibit “B”, shall require prior written approval by BRA. Additionally, any price increases must be requested not less than thirty (30) days prior to effective date of said price increase as further stipulated in Exhibit “B”.

2.3 Nothing contained in this Contract shall require BRA to pay for any Merchandise that is unsatisfactory as determined by BRA or which is not submitted in compliance with the terms of this Contract. BRA will not be required to make any payments to the VENDOR, when the VENDOR is in default under this Contract, nor shall this paragraph constitute a waiver of any right, at law or in equity, which BRA may have if the VENDOR is in default, including the right to bring legal action for damages or for specific performance of this Contract. Waiver of any default under this Contract shall not be deemed a waiver of any subsequent default.

2.4 Nothing contained herein shall be construed as authorizing additional fees for provisions of the Merchandise.

2.5 The BRA is exempt from paying Texas sales and use taxes. VENDOR shall not charge BRA for such taxes. Proof of exemption is available upon request.

2.6 Payment for goods or services provided under this Contract shall not constitute acceptance thereof. The BRA may inspect and test such goods or services and reject any or all items that are, in the BRA’s sole judgment, nonconforming, defective or not in conformance with VENDOR's warranty or any specifications or requirements. Goods rejected or supplies in excess of quantities ordered may be returned to VENDOR at VENDOR’s expense. Failure by the BRA to inspect and test the goods or services shall not relieve VENDOR of responsibility.

SECTION III. Term

3.1 The term of this Contract shall be for a period of one (1) year, commencing on the Effective Date, and may be renewed by subsequent agreement of the parties for up to four (4) additional one (1) year periods for a total potential term of five (5) years.

SECTION IV. Time for Performance

RFB: 21-12-1192 SSS #5385 3 of 17

4.1 The VENDOR agrees to abide by any and all schedules or timing representations set forth in Exhibit “A” and the Bid Documents.

4.2 VENDOR specifically understands and agrees that VENDOR may be required to provide Merchandise on an “on call” basis, at the request of BRA. VENDOR shall comply with all such requests within five (5) working days of receiving the request. Requests by BRA for Merchandise pursuant to this Section may be given by telephone call or facsimile transmission.

4.3 If delivery of goods or services is not complete within the time specified, the BRA may, without liability and in addition to other rights and remedies, terminate the purchase by notice effective when received by VENDOR, as to goods not yet delivered or services not yet rendered, and the BRA may purchase substitute goods or services elsewhere and charge VENDOR for any additional expense incurred. Acceptance of any part of the Contract shall not bind the BRA to accept any future shipments nor deprive the BRA of the right to return goods already accepted.

SECTION V. Warranties

5.1 VENDOR warrants that all Merchandise provided or to be provided substantially conforms to the specifications set forth in Exhibit “A” and the Bid Documents.

5.2 VENDOR hereby warrants that all Merchandise provided or to be provided pursuant to this Contract is free from all liens, claims, or other encumbrances, and that VENDOR has title to all Merchandise provided or to be provided pursuant to this Contract.

5.3 VENDOR expressly warrants all goods delivered under this Contract to be free from defects in material and workmanship and to be of the quality, size and dimensions specified in Exhibit “A” and the Bid Documents.

5.4 All warranties shall not be waived by reason of the acceptance of the goods or payment therefore by the BRA.

5.5 VENDOR further warrants that VENDOR has reason to know the particular purpose for which BRA needs the Merchandise, and that all Merchandise provided to BRA pursuant to this Contract shall be merchantable and fit for the particular purpose of the BRA.

5.6 Additionally, VENDOR shall provide written warranties beginning with the date the Merchandise is delivered to BRA, as further provided in Exhibit “A”.

SECTION VI. Termination

6.1 This Contract may be terminated at any time by BRA for any cause without penalty or liability. Upon receipt of such notice by BRA, the VENDOR shall immediately

RFB: 21-12-1192 SSS #5385 4 of 17 discontinue all services and actions on behalf of BRA. As soon as practicable after receipt of notice of termination, the VENDOR shall submit a statement, showing in detail the cost of Merchandise provided, but not paid for, under this Contract through the date of termination. BRA shall then pay the VENDOR promptly the accrued and unpaid amounts due for the Merchandise to the date of termination, to the extent the Merchandise is approved by BRA.

SECTION VII. Default

7.1 BRA may terminate this Contract without prejudice to any other remedy it may have when the VENDOR defaults in performance of any term of this Contract, or fails to provide the Merchandise in accordance with the terms of this Contract. On such termination, BRA may take whatever steps BRA deems expedient. On such default by the VENDOR, BRA may elect not to terminate the Contract, and in such event, BRA may make good the deficiency in which the default consists, and deduct the costs from the Contract sum to become due to the VENDOR.

SECTION VIII. Insurance

8.1 The VENDOR shall, at VENDOR's sole expense maintain insurance coverage as set forth below:

i. General Liability Bodily Injury:

Per Person: $ 500,000 Per Occurrence: $1,000,000 Property Damage: $1,000,000

Aggregate $2,000,000

ii. Automobile Liability $1,000,000 per claim/aggregate

iii. Workers’ Compensation Statutory

iv. Pollution Liability $1,000,000 per claim/aggregate [depends on chemical if necessary]

8.2 The VENDOR shall not provide Merchandise under this Contract until the VENDOR has obtained all the insurance required under this Contract and such insurance is approved by BRA, nor shall the VENDOR allow any subcontractor to provide Merchandise on the VENDOR's subcontract until all requisite insurance of the subcontractor has been obtained. All required policies shall name BRA as the certificate holder and as an additional insured, except Workers’ Compensation and Employers’ Liability insurance (as applicable). As proof of VENDOR’s insurance coverage, the VENDOR shall furnish to BRA valid certificates of insurance of the types and limits required herein, prior to providing Merchandise. In the event VENDOR’s insurance

RFB: 21-12-1192 SSS #5385 5 of 17 coverage does not provide for automatic additional insured coverage, VENDOR shall provide BRA an additional insured endorsement along with its certificate. In addition, the required insurance coverage shall contain a provision that coverage afforded under the policies will not be materially changed or canceled without provision of thirty (30) days written notice to BRA. The insurance requirement shall remain in effect throughout the term of the Contract.

8.3 Concerning insurance to be furnished by the VENDOR, it is a condition precedent to acceptability thereof that:

i. Any policy submitted shall not be subject to limitations, conditions or restrictions deemed inconsistent with the intent of the requirements to be fulfilled by the VENDOR; and

ii. All policies are to be written through companies duly approved to transact that class of insurance in the State of Texas.

8.4 The VENDOR agrees to the following:

i. The VENDOR hereby waives subrogation rights for loss to the damage to the extent same are covered by insurance. Insurers shall have the right to recovery or subrogation against BRA, it being the intention that the insurance policies shall protect all parties to the Contract and be primary coverage for all losses covered by the policies;

ii. Companies issuing the insurance policies and the VENDOR shall have no recourse against BRA for payment of any premiums, or assessments for any deductible, as all such premiums are the sole responsibility and risk of the

VENDOR.

iii. Approval, disapproval or failure to act by BRA regarding any insurance supplied by the VENDOR (or any subcontractors) shall not relieve VENDOR of full responsibility or liability, if any, for damages and accidents as set forth in the Contract. Neither shall the insolvency or denial of liability by the insurance company exonerate the VENDOR from liability.

iv. No special payments shall be made for any insurance that the VENDOR and subcontractors, if any, are required to carry; all are included in the Contract price and the Contract unit prices; and

v. Any of the insurance policies required under this section may be written in combination with any of the others, where legally permitted, but none of the specified limits may be lowered thereby.

8.5 BRA reserves the right to utilize the services of a third-party contractor in relation

RFB: 21-12-1192 SSS #5385 6 of 17 to management of insurance requirements (“Insurance Manager”). VENDOR agrees to cooperate with BRA and the Insurance Manager, including without limitations: registering with the Insurance Manager through the Insurance Manager’s website, software, or other registration process prior to commencement of Services; providing valid certificates of insurance of the types and limits required herein, including appropriate endorsements and conditions, to the Insurance Manager, whether electronically or otherwise;

communicating to and receiving communications from the Insurance Manager, whether electronically or otherwise; providing updated insurance information to the Insurance Manager in accordance with the terms of this Agreement, including, but not limited to, annual renewals; and cooperating with the BRA and the Insurance Manager in any other way as necessary in relation to provision of insurance documentation required by this Agreement. No action or inaction on the part of the Insurance Manager in relation to the acceptance, rejection, or processing of VENDOR’s insurance documents, including any communications or lack thereof, shall waive or otherwise invalidate VENDOR’s responsibility to maintain insurance coverage in the types and amounts set forth herein, including any other insurance-related conditions required by the terms of this Agreement.

SECTION IX. No Third-Party Beneficiary

9.1 No claim as a third-party beneficiary under this Contract by any person, firm, or corporation shall be made or be valid against the BRA, and the BRA shall not be liable for or be held to pay any money to any such person.

SECTION X. Successors and Assigns

10.1 The VENDOR shall not assign this Contract in whole or part, assign any of its rights or obligations under this Contract, without the prior, expressed written consent of the BRA. Any attempt or purported assignment by the VENDOR without the BRA's approval shall be void and of no force and effect and shall constitute a default under this Contract.

SECTION XI. Risk of Loss

11.1 BRA shall not be liable for any loss or damage to, or destruction of the Merchandise, irrespective of the cause thereof, prior to the actual receipt and custody of such Merchandise by…