Mi0926-55_Specifications.pdf

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CITY OF BEAUMONT

INFORMAL BID

BID FOR:

SIX (6) MONTH CONTRACT FOR WATER TREATMENT

CHEMICALS – FLUOROSILICIC ACID

BID NUMBER: Mi0926-55

BID CLOSE: FRIDAY, OCTOBER 2, 2026 AT 10:00 A.M. (CT)

PRE-BID MEETING: N/A

QUESTION CUTOFF: MONDAY, SEPTEMBER 28, 2026 at 2:00 P.M. (CT)

SUBMIT BID TO: https://beaumonttexas.ionwave.net/Login.aspx

FOR BID RESULTS:

Go to the City of Beaumont’s e-bids platform at:

https://beaumonttexas.ionwave.net/Login.aspx

FORMAL BIDS are bids the City anticipates that may come in over $50,000 and will require

City Council approval for award of the contract.

INFORMAL BIDS are bids the City anticipates that may come in under $50,000 and will not require City Council approval for award of the contract.

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1. INTENT

The City of Beaumont is requesting bids for a six (6) month contract to supply fluorosilicic acid for treatment of the City’s water supply.

2. CONTRACT TERM

2.1 This contract shall be in effect for a period of six (6) months beginning within thirty (30) days following award by the City.

2.2 Price shall be firm for not less than six (6) months from date of award.

2.3 At the end of the initial term, the City may renew this contract for two (2) additional six (6) month periods at the price quoted.

2.4 There shall be no increase in price should an extension be granted.

2.5 Any terms and conditions stated in original specifications will apply to any extended periods.

2.6 Approval on behalf of the City to renew this contract shall be made by the City Manager or his designee.

2.7 No minimum or maximum quantities of work are guaranteed.

2.8 This contract may be canceled by either party by providing written notice at least thirty (30) days in advance.

3. BID DUE DATE

BIDs are due no later than 10:00 A.M. (CT), FRIDAY, OCTOBER 2, 2026.

BIDs must be submitted through the City’s e-bids platform at:

Please note if there are any Addendums to this bid, they will be uploaded to the e-bids site and acknowledgement of all Addendums is required.

4. PRE-BID MEETING

None.

GENERAL BID INFORMATION

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5. REQUIRED DOCUMENTS FOR BID:

Go to the City’s e-bids platform at: https://beaumonttexas.ionwave.net/Login.aspx.

5.1 Vendor must complete all items online under the ATTRIBUTES tab:

5.1.1 Bidder’s Information,

5.1.2 Conflict of Interest Questionnaire,

5.1.3 Addendums (if any).

5.2 Vendors must complete all items online under the LINE ITEMS tab:

5.2.1 Bid Table (pricing)

5.3 Bidders must complete and upload all items listed online under the

RESPONSE ATTACHMENTS tab as detailed below:

5.3.1 House Bill 89 (HB89),

5.3.2 Bid Sheet Continued,

5.3.3 Statement of City Charter.

5.4 All portions of this Bid requiring data or information must be filled in completely.

5.5 BID items CANNOT be altered. If Bidder needs to include additional information, it is to be provided on a separate sheet, with the number of the bid included, as well as the bidder’s company name. Bidders may upload separate sheet(s) to the e-bid site at: https://beaumonttexas.ionwave.net/Login.aspx under the Response

Attachments tab.

5.6 All required online entries and required uploaded documents MUST be submitted for bid to be considered. Failure to do so may result in bid rejection due to non-response.

5.7 Certifications, where required, shall accompany the bid submission. They may be uploaded under the Response Attachments tab.

5.8 Bids are to be submitted through online e-bids items only. Oral, telegraphic, e-mail or telephone bids or modifications will not be considered.

5.9 Failure to comply with information requested on any of these items will result in disqualification of the bid.

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6. QUESTIONS

Specific questions concerning items or procedures in this solicitation, shall be submitted on https://beaumonttexas.ionwave.net/Login.aspx. Questions will be answered through an

Addendum and posted on the IONWAVE site. Vendors who received notification of the bid opportunity will be notified of the Addendum via email.

Questions received less than seven (7) calendar days prior to the date of opening bids may not be answered. Only questions that have been resolved by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7. COMMUNICATIONS PERTAINING TO BID/RFP

Bidders/Proposers shall not attempt to directly contact City Council members, management, or CITY staff other than the contact person listed within this bid/RFP document, during the pre-proposal or post-proposal period unless and until award has been made, and any resulting contract or agreement has been executed. The CITY intends to respond to all appropriate questions or concerns; however, the CITY reserves the right to decline to respond to any questions or concerns. All material modifications, clarifications or interpretations will be incorporated into an addendum which will be publicly posted. All addenda issued prior to the due date and time for responses are incorporated into the bid/RFP and must be acknowledged in the bid/proposal response.

Only the written information provided shall be binding. Oral or other interpretations shall not be binding and are held without legal effect.

8. NO PERSON has the authority to verbally alter these specifications. Any changes to specifications will be made in the form of an Addendum which will be made available online at https://beaumonttexas.ionwave.net/Login.aspx. Vendors who received notification of the RFP opportunity will be notified of the Addendum via email.

9. All mathematical calculations will be verified. In the event of an error by Proposer, City calculation shall be considered correct. In the event of discrepancies, the unit price stated by vendor shall be considered the bid price.

10. The City reserves the right to accept or reject any response or combination of responses deemed advantageous to it.

11. EQUAL OPPORTUNITY EMPLOYER

The successful Proposer shall warrant and agree that he/she is an Equal Opportunity Employer.

Should complaints of any form of discrimination, either in dispensation of the service, or within company hiring policies be substantiated, this contract may be terminated immediately.

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12. LOCAL VENDOR PREFERENCE

Not applicable.

13. H.B. 89 COMPLIANCE

Verification –

The Awarded Vendor for the contract shall comply with the requirements of Senate Bill 252 Ch. 2252 Certification: Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153 of the Texas Government Code as adopted in 2017 as House Bill 89

(HB89).

The law requires that a governmental entity may not enter in certain contracts with a business entity unless the business entity submits an executed HB89 Compliance form to the governmental entity.

Compliance with the law requires that the awarded Vendor complete the form and submit with bid or proposal. The form must be signed, notarized and submitted to the contracting government entity.

See H.B. 89 SIGNATURE FORM within these specifications.

14. AWARD OR REJECTION OF BIDS

14.1 This contract will be awarded to one (1) Contractor. The Contractor may not assign or subcontract any part of the contract without the prior written agreement from the City.

14.2 The City reserves the right to waive Bid or Proposal informalities, to reject any or all Bids or Proposals, and to award to the most responsible Bidder or Proposer making the most satisfying offer to the City.

14.3 The contract may be awarded to the lowest responsible bidder or to the bidder who provides goods or services at the best value for the City.

14.4 In determining the best value for the City, the City may consider:

14.4.1 the purchase price;

14.4.2 the reputation of the bidder and of the bidder’s goods and services;

14.4.3 the quality of the bidder’s goods and services;

14.4.4 the extent to which the goods or service meet the City’s needs;

14.4.5 the bidder’s past relationship with the City;

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14.4.6 the impact on the ability of the City to comply with laws and rules relating to contracting with historically underutilized businesses and non-profit organization employing persons with disabilities;

14.4.7 the total long-term cost to the City to acquire the bidder’s goods or services; and

14.4.8 any relevant criteria specifically listed in the request for bids or proposals.

15. WITHDRAWAL OF BIDS OR PROPOSALS

15.1 Any bidder may withdraw his bid, either personally or by written request, at any time prior to scheduled time for opening bids.

15.2 No bidder may withdraw his bid for a period of sixty (60) days after the date set for opening thereof, and all bids shall be subject to acceptance by the City during this period.

16. BID TABULATION

Bid Tabulation will be available on the City of Beaumont e-bids platform at:

https://beaumonttexas.ionwave.net/Login.aspx. Bid tabulations will not be provided via any other means. Furnishing of tabulations prior to Council action or by means other than City e-bids platform is not authorized.

17. EXPERIENCE AND CAPABILITY

Bidder shall include the following information to describe the experience and capability of the company:

17.1 Kind of company, i.e., corporation, partnership or sole proprietor. If corporation, please list names and addresses of three top corporate officers. If partnership, please list name and addresses of partners.

17.2 Number of years in operation.

17.3 Gross revenues of past two (2) years.

17.4 Largest dollar amount of contract currently in effect with a business.

17.5 Has your organization ever failed to complete any work awarded to it?

17.6 Provide any information concerning any judgments, disbarments, probations, claims, arbitration proceedings or suits filed as a result of contracts performed.

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17.7 Has your organization (including owners, partners, and/or officers) ever been put on probation or disbarred from doing business with ANY governmental agency?

17.8 References from at least three (3) customers with whom your company has current or past contracts of similar size. Name, address, phone number and a contact person shall be stated for each reference.

NOTE:

These factors will be evaluated to determine your capability as a supplier.

This information shall be submitted by all bidders.

18. INCURRING COSTS

The City of Beaumont is not liable for any costs incurred in replying to this Bid or Proposal.

19. LIABILITY

THE CONTRACTOR AGREES TO INDEMNIFY, DEFEND AND HOLD

HARMLESS THE CITY OF BEAUMONT AND ITS OFFICERS, AGENTS, AND

EMPLOYEES FROM ANY AND ALL CLAIMS, CAUSES OR ACTION, AND

DAMAGES OF EVERY KIND, FOR INJURY TO OR DEATH OF ANY PERSON

AND DAMAGES TO PROPERTY ARISING OUT OF OR IN CONNECTION

WITH THE WORK DONE BY THE CONTRACTOR UNDER THIS CONTRACT,

AND INCLUDING ACTS OR OMISSIONS OF THE CITY OF BEAUMONT OR

ITS OFFICERS, AGENTS OR EMPLOYEES IN CONNECTION WITH SAID

CONTRACT. THE PARTIES INTEND THIS INDEMNIFICATION TO APPLY

REGARDLESS OF WHETHER THE CLAIM, DAMAGE, LOSS, OR EXPENSE IS

CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART BY THE

NEGLIGENCE OF THE SUBCONTRACTOR OR ANY INDEMNITEE.

Contractor waives all rights of recovery, and its insurers also waive all right of subrogation of damages against the City and its agents, officers, directors and employees for damages covered by the workers’ compensation and employers’ liability or commercial umbrella or excess liability or business automobile coverage obtained by Contractor required in this Agreement, where permitted by law. This waiver must be stated on the City’s approved Certificate of Insurance.

The fact that insurance is obtained by Contractor on behalf of City will not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by

City from Contractor or any third party will not be limited by the amount of the required insurance coverage.

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20. INVOICES

20.1 Payment by City to Vendor shall be made in accordance with the requirements of Texas

Government Code §2251.021.

20.2 Invoices must reference a Purchase Order number, Work Order number, and the

Department or Division for which goods or services are provided.

20.3 The Vendor shall submit an accurate invoice within five (5) working days from the date of delivery of goods or services.

20.4 Invoices may be submitted via email to: invoices@beaumonttexas.gov

20.5 Invoices may be submitted via U.S. Mail to:

ATTN: Accounting Division

City of Beaumont

P. O. Box 3827

Beaumont, TX 77704-3827

20.6 Faxed invoices will not be accepted.

20.7 It is the Vendor’s responsibility to obtain a purchase order number AND City Department for invoices. This information MUST be included on invoices. Any invoicing received by the City without this correct information may not be paid.

21. FUNDS FOR PAYMENT

Funds for payment are provided by the City of Beaumont budget approved by City Council for the current budget year only. The State of Texas statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved.

Obligations beyond the end of the current City of Beaumont fiscal year will be subject to budget approval.

22. CONTRACT TERMINATION

The City, besides all other rights or remedies it may have, shall have the right to terminate this agreement upon thirty (30) days’ written notice from the City Manager or his designee, of its election to do so, or if the successful bidder or proposer fails to perform the services or breaches this agreement, including the following:

22.1 By failing to pay insurance premiums, liens, claims or other charges.

mailto:invoices@beaumonttexas.gov

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22.2 By failing to pay any payments due the City, State, or Federal Government from the successful bidder or its principals, including, but not limited to, payments identified in this

Agreement or any taxes, fees, assessments, or liens.

22.3 Upon the institution of voluntary or involuntary bankruptcy proceedings against the successful bidder or upon dissolution of the firm or business.

22.4 By violation of any provision or non-performance of the Agreement.

22.5 By death of the Contractor, or dissolution of the Contracting firm or business.

22.6 By failing to start and or complete assigned work within the agreed upon schedule.

22.7 By the abandonment of the premises or any portion thereof and discontinuance of the

Contractor's operations, or any portion thereof. Should this occur, the City shall not be responsible for the custodial protection of merchandise, fixtures, or equipment abandoned, even though it is necessary for the City to remove the same for storage or disposal.

22.8 In the event the City calls for a mandatory evacuation due to a storm or other emergency, the Contractor shall cease all work at the facility. Upon the removal of the evacuation order, the Contractor has two (2) business days to contact the Purchasing Department at

(409) 880-3720 for instructions and authorization to resume services at the facility.

23. CONTACT INFORMATION

If any information is needed concerning specifications, please contact:

Christy Williams, Buyer III

Purchasing Division / Finance Department

City of Beaumont

Physical Address:

801 Main St., Suite 315, Beaumont, TX 77701

Mailing Address:

P.O. Box 3827, Beaumont, TX 77704-3827

Phone # (409) 880-3758

E-mail: christy.williams@beaumonttexas.gov mailto:christy.williams@beaumonttexas.gov

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1. PRODUCT NEEDED

1.1 Approximately 30 tons of Fluorosilicic Acid in a 23 to 26% solution by weight.

1.2 The Fluorosilicic Acid shall contain nothing injurious to the health of consumers of the treated water.

1.3 The Fluorosilicic Acid shall be free of any foreign material that may cause excessive clogging of strainer or flow control valve.

1.4 The Fluorosilicic Acid shall conform to AWWA Standard B703-08, or the latest revision of this standard.

1.5 The supplier shall provide an affidavit (signed by an officer of the company) acknowledging that the Fluorosilicic Acid furnished, according to the City’s order, complies with all applicable requirements of AWWA Standard B703-08, or the latest revision.

1.6 Bidders shall furnish a chemical analysis of each product and proof of NSF/ANSI approval of the product to be supplied.

1.7 Bidders shall furnish safety data sheets (SDS) on each chemical that is bid.

1.8 Brand names and/or manufacturer’s information are to be provided for purposes of identification and to denote the standard of quality desired.

1.9 Certification, where required, shall accompany the bid submission.

2. PRICING

Pricing shall include delivery of materials F.O.B. to:

Water Production Plant

1550 Pine Street

Beaumont, Texas 77703

Phone number: 409-880-3785

BID SPECIFICATIONS

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3. DELIVERIES

3.1 Deliveries will be made on an “as needed” basis. Amounts shown are approximate figures for six (6) months. No guarantees on maximum or minimum amounts purchased.

3.2 Water Production MUST be notified of delivery at least two (2) hours in advance by speaking with an operator at 409-880-3785. Voicemail/email/fax messages are NOT acceptable.

3.3 Deliveries may be received twenty-four (24) hours a day, seven (7) days per week. The

Water Production Plant does not shut down for Holidays and can accept deliveries.

3.4 All liquid bulk chemical deliveries shall be accompanied by a weigh-in ticket upon entrance to the facility; a subsequent weigh-out ticket shall be included with the invoice.

3.5 Shipments shall be made in 4,000-gallon loads, as ordered, by tank truck.

3.6 Supplier shall be prepared to deliver under the following conditions:

3.6.1 Water Plant storage connection consists of a 2” PVC fill line with a 3” flange connection.

3.6.2 Static life required is eleven (11) feet.

4. FAILURE TO CONTRACT

4.1 If vendor to whom the contract is awarded should fail to execute the bid proposal contract, the award may be cancelled and the contract offered to the next lowest bidder.

Any subsequent vendor will be required to fulfill all pricing, terms, and conditions of their bid submission.

4.2 Responsibility for the proper operation of the total system is that of the Plant

Superintendent. Should an unworkable situation develop in the opinion of the Plant

Superintendent, where the product or service is considered unsatisfactory, or there is a decline in the effectiveness of the product, that can reasonably be attributed to deficiencies in the contractor=s manufacturing or quality control, rather than to changes in the character of the treatment process, the contract may be cancelled.

4.3 The successful vendor will supply the Plant Superintendent with phone contact information that has an operator available twenty-four (24) hours a day, seven (7) days per week by way of e-mail, fax, or phone number.

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Contact information for all three types of communication must be provided. The listed phone contact must be staffed by an individual who is able to answer technical questions with respect to the chemicals listed on the bid.

If an unsatisfactory condition is not resolved within twenty-four (24) hours of notification to the technical support operator, the Plant Superintendent will notify the vendor in writing of the unsatisfactory condition by way of fax or e-mail.

Upon such notification, the vendor shall have forty-eight (48) hours to resolve the problem to the satisfaction of the Plant Superintendent. If a satisfactory solution is not provided within forty-eight (48) hours, the Purchasing Manager may notify the bidder in writing, by way of fax, or e-mail, that the contract will be cancelled. Upon such cancellation, the next lowest bidder will be contacted for the remainder of the term of the contract.

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Water Production facilities are considered to be high security areas. Strict security procedures are followed in accordance with Department of Homeland Security and City of Beaumont Policy.

1. Vendors shall send photos with names of drivers making deliveries to the City.

2. Before a truck leaves the loading terminal, the City will be given the name of the driver. This will allow the City to match the driver and photo with I.D. when he arrives.

3. All loads will be sealed with a security tag. After the truck has left the vendor’s terminal but prior to the truck’s arrival at the City, the serial number will be emailed to the City at the following email addresses:

troy.pierce@beaumonttexas.gov

4. The tanker fleet number will be emailed to the following email addresses:

troy.pierce@beaumonttexas.gov

The City will match the numbers to assure the arriving tanker is the same one that left the terminal.

5. The City will assign one staff member on a regular basis to off-load chemicals. This will enable them to become familiar with drivers, equipment, and manifests. Delivery drivers MUST NOT unload their cargo unless authorized by CITY staff member. City staff member will ensure the cargo is chemically verified and that it is being off-loaded into the correct tank.

6. Manifests will contain the same information, including serial numbers and tank fleet numbers.

7. Discrepancies in any of the above may result in the load being refused.

8. Off-loading of chemical will be delayed until any discrepancies are satisfactorily resolved.

The operator will notify supervisors of any discrepancies.

9. Significant differences may result in notification of law enforcement officials.

10. Vendor is responsible for ensuring that any common carrier engaged in transporting vendor materials under this contract is properly licensed under both state and federal regulations applicable to the materials transported. That the carrier has in force and maintain all insurance coverage applicable to this work, and that drivers are qualified, trained and licensed to handle the materials and equipment used, and that the vehicles are properly equipped and placarded for the materials to be transported.

SECURITY PROCEDURES APPLICABLE TO ALL CHEMICAL DELIVERIES

mailto:troy.pierce@beaumonttexas.gov mailto:troy.pierce@beaumonttexas.gov

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11. Vendor and transporter must understand that the water production facilities are considered to be a

“High Security Area” as defined by the Department of Homeland Security. Anyone entering upon the facility must have and display proper credentials for entry into these areas. If truck or driver is refused entry to the facility due to improper or inadequate credentials the City will not be responsible for payment of any charges in connection with that shipment.

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Bid Worksheet and Required Documents

DISCLAIMER:

All PRICING worksheets within bid/RFP specifications are for vendor’s use only in building pricing and will NOT be accepted or considered for use for award of contract by the City of Beaumont. Pricing entered into IONWAVE under LINE ITEMS will be FINAL and the ONLY pricing considered for award of bid/RFP.

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BIDDER'S INFORMATION SHEET

NOTE: THIS FORM TO BE COMPLETED ONLINE UNDER THE ATTRIBUTES TAB.

1. Kind of Company (check one): Corporation Partnership Sole Proprietor

If corporation, please list names and addresses of three (3) top corporation officers.

If partnership, please list names and addresses of partners.

2. Number of years in operation.

3. Gross revenue for the past two (2) years.

4. Largest dollar amount of contract currently in effect with a business.

5. Has your organization ever failed to complete any work that it was awarded?

6. Provide information concerning any judgments, claims arbitration proceedings or suits filed as a result of projects performed.

7. Has your organization (including owners, partners, and or officers) ever been put on probation or disbarred from doing business with ANY governmental agency? If so, please list organization, time, and length of disbarment or probation. (Failure to provide this information may result in the

City not awarding the contract to your company).

8. Business telephone number answered Monday – Friday, 8:00 AM – 5:00 PM.

9. Provide contact name(s) and phone number(s) in case of emergency.

10. Provide references from at least three (3) customers with whom your company has current or past contracts of similar size. Name, address, phone number and a contact person shall be stated for each reference.

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BIDDER'S WORKSHEET

NOTE: PRICING TO BE ENTERED ONLINE UNDER THE LINE ITEMS TAB.

Six (6) Month Contract for

Water Treatment Chemicals –

Fluorosilicic Acid

QTY. (APPROX.)

DESCRIPTION

PRICE PER TON

TOTAL PRICE

30 TONS Fluorosilicic Acid – 23 to 26% solution by weight

Manufacturer/Brand Bid:

TOTAL BID PRICE: $

DISCLAIMER:

All PRICING worksheets within bid/RFP specifications are for vendor’s use only in building pricing and will NOT be accepted or considered for use for award of contract by the City of Beaumont.

Pricing entered into IONWAVE under LINE ITEMS will be FINAL and the ONLY pricing considered for award of bid/RFP.

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HOUSE BILL 89 (HB89) VERIFICATION

NOTE: THIS FORM TO BE COMPLETED, NOTORIZED AND

UPLOADED ONLINE UNDER THE RESPONSE ATTACHMENTS TAB.

I, ______________________________________________________________________________, the undersigned representative of

, (Company or Business Name)

(Company or Business Name) (hereafter referred to as “Company”), being an adult over the age of eighteen (18) years of age, verify that the company named-above, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270:

1. Does not boycott Israel currently; and

2. Will not boycott Israel during the term of the contract the above-named Company, business or individual with the

City of Beaumont, Texas.

Pursuant to Section 2270.001, Texas Government Code:

1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and

2. “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly- owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit.

DATE SIGNATURE OF COMPANY

REPRESENTATIVE ON THIS THE ________ day of ___________________________, 20______, personally appeared

________________________________________________, the above-named person, who after by me being duly sworn, did swear and confirm that the above is true and correct.

NOTARY SEAL __________________________________

NOTARY SIGNATURE

Senate Bill 252 Ch. 2252 Certification Pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section

806.051, Section 807.051 or Section 2252.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website to the Comptroller of the State of Texas which do business with Iran, Sudan or any foreign terrorist organization, I will immediately notify the City of Beaumont’s Purchasing Department.

Date Signed Signature of Company Representative

Name in Printed Form

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BID SHEET CONTINUED

NOTE: THIS FORM TO BE COMPLETED AND UPLOADED ONLINE

UNDER THE RESPONSE ATTACHMENTS TAB.

PLEASE CHECK THE FOLLOWING THAT WILL APPLY TO YOUR COMPANY

Ownership of Firm (51% or more) Non-Minority Hispanic Black Other

Minority (please specify) __ Female Owned Handicapped Owned

Small Business (less than $1,000,000 annual receipts or 100 employees)

CERTIFICATE OF CORPORATE BIDDER

I, , CERTIFY THAT I AM , (title) OF THE

CORPORATION NAMED AS BIDDER HEREIN; THAT , WHO SIGNED

THIS BID ON BEHALF OF THE BIDDER, WAS THEN , (title) OF SAID

CORPORATION; THAT SAID BID WAS DULY SIGNED FOR AND ON BEHALF OF SAID CORPORATION

BY AUTHORITY OF ITS GOVERNING BODY AND IS WITHIN THE SCOPE OF ITS CORPORATE POWERS.

SIGNATURE OF OFFICER

TYPE OR PRINT NAME

TITLE OF OFFICER

BIDDERS

The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other Bidder, and that the contents of this bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid.

Vendor

Address

Bidder (Signature)

Bidder (Print Name)

Position With Company

(Title)

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CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ

For vendor doing business with local governmental entity

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.

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.)

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

Name of Officer

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

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 ownership interest of one percent or more.

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 government entity Date

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

NOTE: THIS FORM TO BE COMPLETED ONLINE UNDER THE ATTRIBUTES TAB.

OFFICE USE ONLY

Date Received http://www.ethics.state.tx.us/

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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.

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

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STATEMENT OF CITY CHARTER

PROVISION ON CONFLICT OF INTEREST

NOTE: THIS FORM TO BE COMPLETED AND UPLOADED ONLINE

UNDER THE RESPONSE ATTACHMENTS TAB.

The following provisions were adopted in an effort to avoid potential conflict of interest with prospective bidders and City employees or officers in the awarding of City contracts:

1. No officer, elected or appointed, or other employee of the City shall have a financial interest, direct or indirect, or by reason of ownership of stock or share exceeding one percent (1%) in a business entity contracting with the City. Nor shall such officer or employee be financially interested, directly or indirectly, in the sale to the City of any land, materials, supplies or services from such business entity, except on behalf of the City in his official capacity as an officer or employee.

2. Any willful violation of this provision shall constitute malfeasance in office and any officer or employee guilty thereof shall, thereby, forfeit their office or position.

3. Any violation of this section with the knowledge expressed or implied of the person or business entity contracting with the City shall render the contract involved null and void. (Beaumont City Charter, Article XVII, Section 9.)

I, ______________________________________ (name) have read and hereby understand the aforementioned Beaumont City Charter provision prohibiting conflict of interest between City employees or officers and prospective bidders in the award of City contracts. I affirm, to the best of my knowledge and belief, that there is no conflict of interest between the herein stated person or business entity and any City officer or employee if a City contract is awarded. I further state that I have no outside interests that conflict or suggest a potential conflict of interest with the City. I understand that knowledge, express or implied, or concealment of such material fact could nullify and void any such City contract awarded.

If I am awarded this contract, I herein agree to report promptly any further situation that might involve or appear to involve me in any conflict of interest with the City.

SIGNED this the _____ day of _______________, 20_____.

Name

Title

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GENERAL CONDITIONS OF BIDDING

(Revised 3/11/24)

FAILURE TO COMPLY WITH THESE GENERAL CONDITIONS OF BIDDING MAY RESULT IN THE

BID BEING DISQUALIFIED.

1. BIDDING

A. All formal and informal bids or proposals must be on blank forms furnished by the Purchasing Division. The bid must be executed personally by the bidder, or if executed by an agent, a power of attorney or other evidence of his authority to act on behalf of the bidder must accompany the bid. If the bidder is a corporation, the certificate of corporate bidder must be executed under the corporate seal by some duly authorized officer of the corporation other than the officers signing the bid. By execution of the bid, the bidder accepts all general and special conditions of the contract and the specifications.

B. DATE & TIME: Formal and informal bids or proposals must be completed and submitted through the City of Beaumont’s e-bids platform at https://beaumonttexas.ionwave.net/Login.aspx by the date and time posted online. Bid or proposal submittals will not be accepted manually in any other format unless otherwise specified. Bids must be submitted only on forms provided by the City, unless otherwise specified.

C. WITHDRAWAL OF BID: A bidder/proposer may withdraw his bid/proposal before Council acceptance of his bid/proposal without prejudice to himself, by submitting a written request for its withdrawal to the contact person listed within the bid/RFP specifications.

D. Bids should show net prices, extensions and net total. In case of conflict between unit price and extensions, the unit price will govern.

E. No change in price will be considered after bids have been opened.

F. Unless otherwise specified, any catalog or manufacturer’s reference or brand name used in describing an item is merely descriptive, and not restrictive, and is used only to indicate type, style or quality of material desired. If a bidder quotes on an article other than the one specified, which he considers comparable, the name and grade of said article must be specified in the bid and sufficient specifications and descriptive data must accompany same to permit thorough evaluation. In the absence of these qualifications, he will be expected to furnish the article called for.

G. If this bid is altered, any erasure or alteration of figures on the item on which the erasure or alteration is made must be initialed by signee of this bid.

H. Bids will not be considered in cases in which bidder quotes an item price and also an alternate price on the proposed substitute item, except in cases in which alternate bids are called for.

I. All bids are to be submitted or delivered no later than the time stated in the specifications, F.O.B. Beaumont, Texas unless otherwise stated in the specifications and/or bid form.

J. Bidders are invited to be present at the opening of bids. After opening, bids may be inspected in the

Purchasing Division offices.

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K. If there is an honest mistake in the bid due to clerical errors, and the bidder calls attention thereto promptly, he will not be bound by the bid. Where the mistake was a result of bidder’s negligence, and City has no knowledge of the mistake when bids were opened and contract awarded, he will not be released and shall be bound by the bid. If a mistake is not discoverable and verifiable by the City, bidder’s incorrect interpretation of Engineering specifications set forth in a construction contract, will not release him from his obligations, once a contract has been awarded by City Council and bidder has received notice of such award.

2. TAXES

A. The City is exempt from the Federal Excise and Transportation Tax, and the Limited Sales and Use Tax.

Unless the bid form or specification specifically indicates otherwise, the price bid must be net exclusive of the above mentioned taxes, and will be so construed. A vendor desiring refunds of or exemptions from taxes paid on merchandise accepted by the City must submit the proper forms. The Purchasing Manager, if satisfied as to the facts, will approve or issue the necessary certificates.

3. AWARD

A. The City reserves the right to consider and make awards of bids on articles of similar nature that in all respects will serve the purpose for which the purchase is being made. The City reserves the right to be the sole judge as to whether such articles will serve the purpose.

B. Unless otherwise specified, the City reserves the right to accept or reject in whole or in part any bid submitted or to waive any informalities in the best interest of the City.

C. Contractor is an independent contractor. Award of a contract does not create a joint venture between

Contractor and the City.

4. BID DEPOSIT

A. No bid deposit will be expected of bidder unless specifications expressly provide otherwise.

B. When specifications expressly call for a bid deposit, the deposit may be in the form of a cashier’s check, cash, or a certified check made payable to the City of Beaumont, or a bond. The bond shall be executed by a surety authorized by the Texas State Insurance Commission and must be signed by both the surety and the bidder.

C. When specifications call for a bid deposit, it should be placed in a separate bid envelope and submitted to the Purchasing Office at: City of Beaumont, Purchasing Office, 801 Main St., Suite 315, Beaumont, TX 77701. The name of the bid and bid number MUST be written on the front side of the envelope submitted to the Purchasing Office. Should your bid deposit not be acceptable to the City, your bid will be returned.

5. DELIVERIES

A. Unless otherwise stated in the bid form or specification, deliveries must consist only of new and unused merchandise.

B. Full fare must be allowed and no charge made for packages.

C. In the event that deliveries of the supplies covered in the proposal are not made within the number of days specified, or in the event that the supplies delivered are rejected and are not removed and replaced within the number of days specified in the official notice of rejection, the City reserves the right to purchase said

Page 25 – Fluorosilicic Acid – Mi0926-55 supplied in the open market. Upon any such breach of contract, the City reserves the right to proceed against the successful bidder and/or the surety on this bond for any and all damages occasioned by the breach.

6. REJECTIONS

A. Articles not in accordance with samples and specifications must be removed by the bidder at his expense. All disputes concerning quality of supplies delivered under this proposal will be determined by the City

Purchasing Manager or his/her designated representative.

B. All articles enumerated in the proposal shall be subject to inspection or delivery by an officer designated for the purpose and if found inferior to the quality called for, or not equal in value to the department’s samples, or deficient in weight, measurements, workmanship or otherwise, this fact shall be certified to the Purchasing

Manager who shall have the right to reject the whole or any part of the same.

7. BILLING

A. All bills are subject to approval by the Purchasing Manager.

8. PATENTS

A. The contractor agrees to indemnify and hold harmless the City, the Purchasing Manager, and his/her assistants from all suits and actions of every nature and description brought against it or any of them, for or on account of the use of patented appliances, products or processes, and he shall pay all royalties and charges which are legal and equitable. Evidence of such payment or satisfaction shall be submitted, upon request of the Purchasing Manager, as a necessary requirement in connection with the final estimate for payment in which such patented appliances, products or processes are used.

9. CONDITIONS PART OF BID

A. The General Conditions of Bidding defined herein shall be a part of the attached bid.

10. CONTRACT

A. No formal contract will be executed. The following will comprise the contract between the City and the successful bidder:

i. Invitation to Bid,

ii. General Specifications,

iii. General Conditions of Bidding,

iv. The Bid Sheet(s),

v. Resolution awarding the bid,

vi. Award Letter.

In some cases, in addition to the items listed above, a formal contract may be executed between the City and vendor.

B. In case of conflict, the specifications shall be controlling.

11. OSHA REQUIREMENTS

A. The vendor or contractor hereby guarantees to the City of Beaumont, Texas, that all material, supplies and equipment as listed on the proposal, contract or Purchase Order meets the requirements, specifications and standards as provided for under the Federal Occupational Safety and Health Act of 1970, as amended and in force at the date hereof.

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12. BIDS

A. Bids must remain firm for thirty (30) days from the bid opening date to allow for award by Council, unless otherwise specified.

13. DISCOUNTS

A. Prompt payment discounts will be considered in making the award provided the period of the discount offered is sufficient to permit payment within such period in the regular course of business (minimum 10 days).

Prompt payment discounts will not be considered for contract purchases.

B. In connection with any discount offered, time will be computed from the date of receipt of supplies or services or from the date a correct invoice is received, whichever is the later date. Payment is deemed to be made on the date of mailing of the check or electronic funds transfer (EFT).

14. DISCLOSURE FORMS

A. All required forms must be signed and returned with your bid submittal.

15. EXCEPTIONS

A. If exceptions are being taken to any part of specifications, have them listed separately on your letterhead and manually sign it.

16. LOCAL BIDDER CONSIDERATION

A. Should bids for goods and/or commodities be received from a local vendor and an out of town vendor, a sales tax impact analysis formula shall be applied to the local vendor’s bid. If it is determined by its formula that the local vendor’s bid generates more sales tax revenue to the City than the difference between the two bids, award may be made to the local vendor.

17. PROTEST PROCEDURES

Any actual or prospective bidder or proposer who believes they are aggrieved in connection with or pertaining to a bid or proposal may file a protest. The protest must be delivered in writing to the Purchasing Manager, in person or by certified mail, return receipt requested, prior to award. The written protest must include:

A. Name, mailing address, and business phone number the protesting party;

B. Appropriate identification of the bid or proposal being protested including name of bid and bid number;

C. A precise statement of the reasons for the protest; and

D. Any documentation or other evidence supporting the protest and any alleged claims.

The Purchasing Division will attempt to resolve the protest, including at the Purchasing Manager’s option, meeting with the protesting party. If the protest is successfully resolved by mutual agreement, written verification of the resolution, with specifics on each point addressed in the protest, will be forwarded to the Chief Financial

Officer (CFO).

If the Purchasing Division is not successful in resolving the protest, the protesting party may request, in writing, that the protest be considered by the CFO. Applicable documentation and other information applying to the protest will be forwarded to the CFO, who will promptly review such documentation and information. If additional information is desired, the CFO may notify the necessary party or parties to the protest to provide such information.

If the CFO is not successful in resolving the protest, the CFO may forward to the City Manager a request for review. The decision of the City Manager will be final.

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18. PUBLIC INFORMATION ACT

A. Texas Government Code, Chapter 552, gives you the right to access government records; and an officer for public information and the officer’s agent may not…