CITY OF VICTORIA, TEXAS

REQUEST FOR COMPETITIVE SEALED

PROPOSALS

for

CAUSTIC BULK TANK REPLACEMENT

RFP-TA-852026-CBTR

Date Issued:

July 20, 2026

PROPOSALS MUST BE RECEIVED NO LATER THAN:

2:00 PM CST AUGUST 5, 2026

Mandatory Pre-Proposal Conference: July 27, 2026 at 10:00 AM CST.

Location: 2902 Bluff St. (SWTP), Victoria, TX 77901

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

Email: purchasing@victoriatx.gov mailto:purchasing@victoriatx.gov

TABLE OF CONTENTS

PROPOSAL AND CONTRACT REQUIREMENTS:

Notice to Respondents

Part I: General Requirements for Responses

Part II: Response Form A – Proposal Signature Page

Part III: Response Form B – Proposal Form

Part IV: Attachments

Attachment A – Specifications

Attachment B – Standard Terms & Conditions Exhibit A – Owner’s Insurance Requirements

Attachment C – Israel Verification Form Attachment D – Non-Collusion Affidavit Attachment E – Response Questionnaire & Checklist

NOTICE TO PROPOSERS

REQUEST FOR COMPETITIVE SEALED PROPOSALS

# RFP-TA-852026-CBTR

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

Sealed Proposals addressed to the Procurement Manager will be received until August 5, 2026 at 2:00 PM CST. All Proposals must be in the City’s possession on or before the scheduled date and time (no late proposals will be considered). Documents are available at https://www.bidnetdirect.com/texas/city-of-victoria.

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

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

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

Thomas Anklam CTCD, CTCM Procurement Manager City of Victoria https://www.bidnetdirect.com/texas/city-of-victoria

PART I

GENERAL REQUIREMENTS FOR PROPOSALS

1. DEVIATION FROM SPECIFICATION/ REQUIREMENTS

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

2. GENERAL DESCRIPTION

Pursuant to Chapter 252 of the Texas Local Government Code, the City invites the submittal of proposals to this Request for Competitive Sealed Proposals (RFP) from qualified firms interested in providing Caustic Bulk Tank Replacement.

3. PURPOSE

The purpose of these specifications/requirements and proposal documents are to award a Contract for Caustic Bulk Tank Replacement.

4. MANDATORY PRE-PROPOSAL CONFERENCE

A Mandatory Pre-Proposal Conference for all interested parties will be held at the Surface Water Treatment Plant (SWTP) 2902 Bluff St., Victoria, TX 77901 at 10:00 AM CST. On July 27, 2026.

Attendance at the mandatory pre-proposal conference may be the only opportunity for respondents to see the existing conditions of the site prior to the proposal due date. Must be present at the pre-proposal meeting to bid on this project.

5. INTENT

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

6. STAFF CONTACT

Contact: Austin Anderson Title: Operations and Maintenance Manager Email: aanderson@victoriatx.gov

7. SUBMITTAL OF RESPONSES

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

• Response Form A – Proposal Signature Page,

• Response Form B – Proposal Form,

• Attachment C – Israel Verification Form,

• Attachment D – Non-Collusive Affidavit,

• All items specified in the Proposal Content section of this RFP, and

Proposals WILL be accepted electronically through BidNet Direct. Responses WILL NOT be accepted via oral communication, telephone, electronic mail, telegraphic transmission, or facsimile transmission or any method other than electronic submission through BidNet Direct.

RFP-TA-852026-CBTR 1

mailto:aanderson@victoriatx.gov

Proposals may be withdrawn prior to the above scheduled time set for closing. Alterations made before proposal closing must be initiated by proposer guaranteeing authenticity. Submittal of a proposal constitutes an offer by the Proposer. Once submitted, the proposal becomes the property of the City and as such the City reserves the right to use any ideas contained in any proposal regardless of whether that proposer/firm is selected.

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

8. PROPOSAL OPENING

The City will be accepting sealed Proposals until 2:00 PM CST, on August 5, 2026 at which time they will be opened publicly, and the name of the offeror and the monetary component of the Proposals shall be read aloud. Any Proposal received after proposal time will be returned unopened. Receipt of proposal does not bind the City to any contract for said services, nor does it give any guarantee that a contract for the Project will be awarded.

9. ASSIGNMENT

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

10. PREPARATION OF RESPONSE

Proposals MUST give full firm name and address of Proposer, and be manually signed. Failure to do so will disqualify your submittal. The person signing the proposal must show title or AUTHORITY TO BIND FIRM IN A CONTRACT. Firm name and authorized signature must appear on each page that calls for this information. The legal status of the Proposer whether corporation, partnership, or individual, shall also be stated in the submittal. A corporation shall execute the submittal by its duly authorized officers in accordance with its corporate bylaws and shall also list the state in which it is incorporated. A partnership Proposer shall give full names and business addresses of all partners. All partners shall execute the submittal. Partnership and Individual Proposers shall state in the submittal the names and addresses of all persons with a vested interest therein. The place of residence of each Proposer, or the office address of the contractor, with county and state and telephone number, shall be given after the signature. Any costs associated with assembling this submittal will be at the sole expense of the Proposer.

11. WITHDRAWAL

Proposals may be withdrawn prior to the due date for submission. No proposal may be withdrawn after opening time without reasonable exception in writing and only after approval by the City.

12. TIME ALLOWED FOR ACTION TAKEN

The City may hold proposals 120 days after submittal deadline without taking action. Proposers are required to hold their proposals firm for same period of time.

RFP-TA-852026-CBTR 2

13. ALTERATIONS/AMENDMENTS TO RESPONSES

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

14. LIST OF EXCEPTIONS

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

15. NAME BRANDS

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

16. INSPECTIONS & TESTING

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

17. PRICING

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

18. INTERPRETATIONS

Any questions concerning the requirements or scope of work with regards to this solicitation for proposals shall be directed to the designated individuals as outlined herein. Such interpretations, which may affect the eventual outcome of this solicitation for proposals, shall be furnished in writing to all prospective Proposers via Addendum. No interpretation shall be considered binding unless provided in writing by the City in accordance with paragraph titled “ADDENDA AND MODIFICATIONS.”

19. ANTICIPATED TERM OF CONTRACT

The anticipated term of the contract shall be until the tank replacement is completed.

20. EVALUATION

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

RFP-TA-852026-CBTR 3

21. AWARD OF CONTRACT

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

1) the purchase price;

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

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

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

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

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

Proposers must provide sufficient information to allow the City to evaluate Proposers based on criteria above and the weighted selection criteria included in “SELECTION CRITERIA” Section.

To demonstrate qualifications to perform the Work, each Proposer must include with its submission written evidence, such as financial data, previous experience, present commitments and other such data that meets the best value considerations outlined in section 252.043 of the Texas Local Government Code. Each proposal must contain evidence of Proposer’s qualification to do business in the state of Texas or covenant to obtain such qualification prior to award of the contract.

The City reserves the right to make an award on the basis to the proposer whose proposal is determined to be the best value for the City considering the relative importance of price and the other evaluation criteria included in the RFP, or in any other combination that serves the best interest of the City and to reject any and all proposals or line items at the City’s sole discretion. For the purpose of evaluation, any item left blank will be deemed “no response.”

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

A written award of acceptance (manifested by the City) and appropriation mailed or otherwise furnished to the successful Proposer results in a binding contract without further action by either party.

22. SELECTION PROCESS

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

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

The City’s selection committee will rank the Proposers and will notify each of the rankings within 45 days of proposal opening. The City will then negotiate with the highest ranked Proposer as allowed by statute.

The set of Contract Documents, including the forms for the Scope of Work, are included with this RFP for Proposer evaluation prior to submission of a Proposal. If a contract cannot be successfully negotiated with the highest ranked Proposer, in the opinion of the City, negotiations will be terminated, and the City will proceed to negotiate with the next highest ranked Proposer in the order of the selection ranking until a mutually agreed contract can be negotiated or all proposals are rejected.

RFP-TA-852026-CBTR 4

23. SELECTION CRITERIA

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

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

2. Proposed replacement date (weighted at 20%).

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

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

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

6. The Contractor’s corporate history and stability. This criterion includes the historical stability, corporate structure, and history of litigation or arbitration on projects in the last five

(5) years (weighted at 5%).

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

SELECTION CRITERIA WEIGHTED VALUE

Cost of Work 35% Propsed replacement date 20% Past Performance on Similar Projects 20% Available Resources 10% Overall Qualifications, Reputation, Past Relationship 5% Corporate History and Stability 5% References 5% Total 100%

Proposers shall include with the proposal all information and qualifications to allow the City’s selection committee to evaluate the proposal in accordance with this section and the evaluation criteria listed here.

The City reserves the right to request additional post-proposal information from any or all Proposers to assist in evaluating the proposal based on the selection criteria. The City reserves the right to reject any and all proposals. The City reserves the right to waive any and all irregularities in proposals.

24. RIGHT TO REJECT/ AWARD

The City reserves the right to reject any or all Proposals, to waive any or all formalities or technicalities, and to make such awards of contract to the proposer deemed most advantageous to the City.

25. CLARIFICATION OF REQUIREMENTS AND QUESTIONS

All requests for additional information or clarification concerning this proposal must be submitted in writing using the eProcurement site at https://www.bidnetdirect.com/texas/city-of-victoria or can be emailed to the Staff Contact before 12:00 PM CST, July 29, 2026. Questions received after the stated deadline will not be answered. Questions submitted and the City’s responses will be posted with this solicitation as addenda.

RFP-TA-852026-CBTR 5

26. RESTRICTIONS ON COMMUNICATION

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

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

Exceptions to the restrictions on communication with the City employees include:

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

2. Contact with City staff is limited only to Staff Contact.

27. ADDENDA AND MODIFICATIONS

Any changes, additions, or clarifications to the RFP are made by amendments (addenda) and will be posted on the Public Purchase website. Any proposer in doubt as to the true meaning of any part of the RFP or other documents may request an interpretation from the Staff Contact Person. At the request of the Proposer, or in the event the Staff Contact Person deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Procurement Manager. Such addendum will be attached to the original RFP in the Public Purchase file and will become part of the RFP package having the same binding effect as provisions of the original RFP. It shall be the Proposer(s) responsibility to ensure that they have received all Addenda with respect to this project. Furthermore, Proposers are advised that they must recognize, comply with, and attach a signed copy of each Addendum which shall be made part of their submittal. Proposer(s) signature on Addenda shall be interpreted as the proposer’s recognition and compliance to official changes as outlined by the City and as such are made part of the original RFP documents. Failure of any Proposer to receive any such addendum or interpretation shall not relieve such Proposer from its terms and requirements. Addendums are available online at https://www.bidnetdirect.com/texas/city-of-victoria. No verbal explanations or interpretations will be binding. The City does not assume responsibility for the receipt of any addendum sent to Proposers.

28. INVITATION FOR PROPOSALS PREPARATION COSTS

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

29. EQUAL EMPLOYMENT OPPORTUNITY

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

30. INDEPENDENT CONTRACTOR

It is expressly understood and agreed by both parties hereto that the City is contracting with the successful Proposer as independent contractor. The parties hereto understand and agree that the City shall not be liable for any claims which may be asserted by any third party occurring in connection with the services to be performed by the successful Proposer under this contract and that the successful Proposer has no authority to bind the City.

RFP-TA-852026-CBTR 6

31. INSURANCE

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

32. WARRANTIES

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

The Proposer shall warrant that any equipment furnished, or work performed shall be free from defects in design, materials, workmanship, and will give successful service under the specified operating conditions.

Furthermore, the Proposer agrees, upon notice from the City, to make good all defects in design, materials, or performance developing in the materials or equipment under its intended use for at least twelve (12) months from the date of installation and initial operation, or the manufacturer’s warranty whichever is greater length of time.

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

33. INDEMNIFICATION CLAUSE

TO THE FULLEST EXTENT PERMITTED BY LAW, THE PROPOSER SHALL INDEMNIFY, DEFEND AND

HOLD HARMLESS THE CITY OF VICTORIA AND EACH COUNCIL MEMBER, OFFICER, EMPLOYEE

OR AGENT THEREOF (THE CITY OF VICTORIA AND ANY SUCH PERSON BEING HEREIN CALLED AN

“INDEMNIFIED PARTY”), FOR, FROM AND AGAINST ANY AND ALL LOSSES, CLAIMS, DAMAGES,

LIABILITIES, COSTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE

ATTORNEYS’ FEES AND COURT COSTS) TO WHICH ANY SUCH INDEMNIFIED PARTY MAY BECOME

SUBJECT, UNDER ANY THEORY OF LIABILITY WHATSOEVER (“CLAIMS”), INSOFAR AS SUCH

CLAIMS (OR ACTIONS IN RESPECT THEREOF) RELATE TO, ARISE OUT OF, OR ARE CAUSED BY THE GOODS OR SERVICES PROVIDED BY THE PROPOSER, ITS OFFICERS, EMPLOYEES, AGENTS, OR ANY

TIER OF SUBCONTRACTOR IN THE PERFORMANCE OF THIS AGREEMENT.

34. PROPOSER’S EMPLOYEES

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

35. VERBAL THREATS

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

RFP-TA-852026-CBTR 7

36. CONFIDENTIAL INFORMATION

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

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

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

37. JURISDICTION

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

38. VENUE

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

39. CONFLICT OF INTEREST

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

IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR OWN

LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF EACH PERSON

OR AGENT OF A PERSON WHO IS SUBJECT TO THE FILING REQUIREMENT. AN OFFENSE

UNDER CHAPTER 176 IS A MISDEMEANOR.

40. CERTIFICATE OF INTERESTED PARTIES

Pursuant to Section 2252.908, Texas Government Code, as amended and formal rules released by the Texas Ethics Commission (TEC), all contracts with private business entities requiring approval by the City of Victoria City Council, will require the on-line completion of Form 1295 "Certificate of Interested Parties."

Form 1295 is also required for any and all contract amendments, extensions or renewals. Contractors are

RFP-TA-852026-CBTR 8

http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=GV&Value=552 http://www.ethics.state.tx.us/forms/CIQ.pdf required to complete and file electronically with the Texas Ethics Commission using the online filing application.

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

IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR OWN

LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF EACH

PERSON OR AGENT OF A PERSON WHO IS SUBJECT TO THE FILING REQUIREMENT.

41. CONFIDENTIALITY OF INFORMATION AND SECURITY

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

42. SUBSTITUTIONS/CANCELLATIONS OF RESPONSES

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

43. ADDITIONAL REPRESENTATION

A Proposer submitting a response to this RFP must submit a verified statement (Attachment C) that it does not boycott Israel and will not boycott Israel during the term of the Agreement as described in Chapter 2270 of the Texas Government Code as amended. Failure to comply with this requirement is grounds for disqualifications; however, the City reserves the right to contact Proposer who fails to comply initially to correct the omission or to confirm the Proposer’s policy.

44. AGREEMENT

The successful Proposer shall enter into a contract with the City.

RFP-TA-852026-CBTR 9

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

PART II: RESPONSE FORM A

PROPOSAL SIGNATURE PAGE

SUBMIT TO:

THE CITY OF VICTORIA

Procurement Manager 702 N. Main St., Suite 132 Victoria, TX 77901

REQUEST FOR COMPETITIVE

SEALED PROPOSAL (RFP)

Title: CAUSTIC BULK TANK REPLACEMENT

Number: RFP-TA-852026-CBTR

Closing Date & Time:

AUGUST 5, 2026 at 2:00 PM CST.

NAME OF PARTNERSHIP, CORPORATION OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER

MAILING ADDRESS

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

CITY, STATE ZIP

PHONE

EMAIL

FAX

WEB ADDRESS

DELIVERY: Calendar days after receipt of Purchase Order:

__________ days (ARO)

RESPONSES ARE FIRM FOR ACCEPTANCE FOR 120 DAYS

YES NO OTHER

PAYMENT TERMS

_______ % / Net _______

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

AUTHORIZED SIGNATURE DATE

PRINTED NAME/TITLE

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

Addendum #1 __________ Addendum #2 __________ Addendum #3 __________ Addendum # 4 __________

Please Note:

• This page must be completed and returned with your response.

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

RFP-TA-852026-CBTR 10

PART III: RESPONSE FORM B

PROPOSAL FORM

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

Project: _______________________________________ RFP No.: _____________________________________ Project No.: _____________________________________ Proposer: _____________________________________

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

1.1 Proposal

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

B. Period for Proposal Acceptance: Proposer accepts all of the terms and conditions of the

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

C. Addenda: Proposer hereby acknowledges it has received, examined and carefully studied all

Addenda and all Addenda have been considered and all related costs are included in the Total Proposal Price.

2.1 PROPOSER REPRESENTATIONS

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

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

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

SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF VICTORIA, AND ITS

REPRESENTATIVES AGAINST ANY CLAIM ARISING FROM VIOLATION OF ANY

SUCH LAW, ORDINANCE OR REGULATION BY HIMSELF OR BY HIS AGENT OR BY

HIS EMPLOYEES.

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

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

RFP-TA-852026-CBTR 11

F. Proposer further represents that this Proposal is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Proposer has not directly or indirectly induced or solicited any other Proposer to submit a false or sham Proposal;

Proposer has not solicited or induced any individual or entity to refrain from submitting a Proposal; and Proposer has not sought by collusion to obtain for itself any advantage over any other Proposer or over the City.

3.1 EVALUATION CRITERIA

1. Proposed Cost (weighted at 35%) - Offeror must submit the proposed costs as set forth below.

2. Proposed replacement date (weighted at 20%) -

3. Past Performance on Similar Projects (weighted at 20%) – On a separate sheet, Proposer must detail the qualifications, reputation, capability and past performance of the Proposer (to the extent identifiable at the time of proposal submission).

4. Available Resources (weighted at 10%) – On a separate sheet, Proposer must detail available resources to complete the Project.

5. Overall Qualifications, Reputation, Past Relationship with the City (weighted at 5%)

– On a separate sheet, Proposer must detail the qualifications, reputation, capability, safety record, financial capability, and Proposer’s past relationship and experience with the City or other public entities.

6. The Contractor’s corporate history and stability (weighted at 5%) – On a separate sheet, Proposer must detail the historical stability, corporate structure, and history of litigation or arbitration on projects in the last five (5) years.

7. References (weighted at 5%) – On a separate sheet, Proposer must provide at least 5 references from projects of similar size and scope, including name, title, phone number, and project.

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4.1 SIGNATURES:

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

Proposer:_______________________________________________________________ (Print or type full name of your proprietorship, partnership, corporation or joint venture*)

*If Proposal is a joint venture, add additional Proposal Form signature sheets for each member of the joint venture.

By: ____________________________________ Date:_______________________

Name: ________________________________Title:_________________________

Doing Business as: ______________________________________________________

Mailing Address: _______________________________________________________

Physical:_______

Address:________________________________________________________

Telephone: __________________________Fax: ____________________________

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5.1 CERTIFICATION OF PROPOSAL

The undersigned affirms that they are duly authorized to execute this Proposal, that this Proposal has not been prepared in collusion with any other Proposer, and that the contents of this Proposal have not been communicated to any other Proposer prior to the official opening of this Proposal.

Additionally, the undersigned affirms that the Proposer is willing to sign the attached Agreement (if applicable). Further, Proposer certifies that the only person or parties interested in this offer as principals are those named herein. Proposer has not directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive proposing.

Signed By: Title:

Typed Name:

Company Name:

Phone No.:

Fax No.:

Email:

Proposal Address:

P.O. Box or Street

City, State Zip

Order Address:

Remit to Address:

Federal Tax ID No.:

Date:

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PROPOSAL SHEET FOR

The Proposal Sheet shall be attached to and shall be a part of the complete Contract Documents.

ITEM

NO. DESCRIPTION UNIT OF

MEASURE

ESTIMATED

QUANTITY

UNIT

PRICE

AMOUNT

PROPOSAL

(QTY. X PRICE)

1 Caustic Bulk Tank Replacement Each 2 Tanks

TOTAL BASE PROPOSAL ………… $ ___________________________

REPLACEMENT IN _______ DAYS OF RECEIPT OF PURCHASE ORDER.

TOTAL BASE PROPOSAL IN WORDS:

DOLLARS and CENTS

By submitting the above and signing below, the signer agrees that acceptance of any or all quotations by the governmental unit that posted the proposal constitutes a contract in accordance with the Request for Proposal and Proposal Form, General Conditions, Technical Specifications and other contract documents that accompanies the request for proposal or were available for examination by proposers with respect to this item. Including provisions as to indemnification that may be included therein.

The undersigned certifies that he has fully read and understands this Request for Proposal and has full knowledge of the scope, quantity, and quality of the services to be furnished and intends to adhere to the provisions described herein. The undersigned also affirms that they are duly authorized to submit this proposal, that this proposal has not been prepared in collusion with any other Proposer, and that the contents of this proposal have not been communicated to any other Proposer prior to the official opening of this proposal. Additionally, the undersigned affirms that the firm is willing to sign a Standard Form of Contract.

Full Legal Name_________________________________________________________________

Trade Name_____________________________________________________________________

Address________________________________________________________________________

City,State,Zip___________________________________________________________________

Telephone No._________________________ Fax No._______________________________

Email___________________________________

Signature of Authorized Representative_________________________________________________

Printed Name & Title:_______________________________________________________________

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PART IV: ATTACHMENTS

ATTACHMENT A: SPECIFICATIONS

1. GENERAL:

The scope of work includes decommissioning, removal, haul off and disposal of two (2) Sodium Hydroxide Caustic Tanks, fill lines, overflow lines, suction lines, valves, heat trace wiring, probes, and insulation.

Provide crane service and set new tanks (provided by the City).

Install new fill lines, overflow lines, suction lines, valve, heat tace wiring, probes, and insulation to tie into existing pump suction lines prior to leaving containment basin.

Only one (1) tank can be replaced at a time in order to allow the City to maintain operations.

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PART IV: ATTACHMENTS

ATTACHMENT B - STANDARD TERMS AND CONDITIONS

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

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

1. “Agreement” means the contract between the City and Vendor.

2. “Contract Documents” means the Agreement, its terms and conditions, requirements, specifications, addendum, and amendments, all of which comprise the full agreement of the Parties.

ACCEPTANCE: Acceptance of this Agreement shall be deemed effective upon execution of this Agreement by both Parties.

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

AGREEMENT. If Vendor fails to effect delivery or performance of the associated services required by City in accordance with the project schedule, delivery schedule, or other time requirements as communicated to Vendor in the Agreement or its attachments, in addition to its other rights and remedies hereunder, City shall have the right to terminate this Agreement by notice effective when received by Vendor or after the expiration of five days from the date of mailing of such notice, whichever occurs first.

Such termination shall be effective as to goods not yet received by City or services not yet rendered, regardless of their transit status. Thereafter, City shall have the right to purchase substitute goods or services elsewhere and charge Vendor with any and all losses, costs and expenses, including, but not limited to actual, consequential and incidental damages, reasonable attorneys’ fees, and engineering or consulting fees incurred by City by reason of such delay or termination.

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

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

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stated in this Agreement. If, in order to comply with the City(s) required delivery date it becomes necessary for Vendor to ship by a more expensive way than specified in this Agreement, any such increased transportation costs shall be paid by Vendor. All deliveries shall be F.O.B. point designated on the face of this Agreement or as specified in writing by the City(s). Cost of all return shipments, for whatever reason returned, shall be borne by Vendor with title and risk of loss passing at the City(s) point of shipment, unless otherwise specified by the City(s) at the time of return.

INSPECTION: City shall have a reasonable time after delivery or performance to inspect the items delivered or the services performed. All such items or services must conform to the specifications, instructions, drawings and data set forth on the face hereof. City may reject and refuse acceptance of any items or services which do not so conform. City shall notify Vendor of such rejection by either notice in writing and by the return to Vendor of the rejected items at Vendor’s expense and risk.

RESPONSIBILITY FOR COMPLETION: Vendor represents that it has examined the requirements/specifications, schedule, plans, drawings, and other documentation in the Contract Documents which Vendor acknowledges are full and complete and are sufficient to enable Vendor to determine the cost of the materials and has fully acquainted itself with all conditions relevant to the work and materials on the Project site and assumes the risk of any variance between the actual conditions and those set out in Contract Documents. Any failure by City at any time, or from time to time, to enforce or require the strict keeping and performance of any of the terms or conditions of this Agreement shall not constitute a waiver of such terms or conditions and shall not affect or impair such terms or conditions in any way, or the right of City at any time to avail itself of such remedies, as it may have for any breach or breaches of such terms or conditions.

WARRANTIES / GUARANTEES: Vendor expressly warrants that the items and services covered hereunder shall be free of defects in workmanship and shall strictly conform to applicable specifications, instructions, drawings, etc. These warranties shall be in addition to all warranties, express, implied or statutory. All warranties shall run to City, its customers and subsequent owners of items or services covered hereunder.

INDEMNIFICATION: TO THE FULLEST EXTENT PERMITTED BY LAW,

VENDOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY

OF VICTORIA AND ITS OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES,

EMPLOYEES FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, COSTS,

DEMANDS, SUITS, CAUSES OF ACTION, AND DAMAGES, INCLUDING

WITHOUT LIMITATION, ATTORNEYS’ FEES, ENGINEERING OR OTHER

CONSULTANTS’ FEES, OF ANY KINDS RESULTING FROM VENDOR’S

PERFORMANCE OR NONPERFORMANCE OF ITS OBLIGATIONS PURSUANT TO

THIS AGREEMENT, FAILURE OF GOODS, OR ACTS RESULTING IN BODILY

INJURY OR PROPERTY DAMAGE, BUT ONLY TO THE EXTENT OF THE

NEGLIGENCE OR OTHER FAULT OF VENDOR, ITS AGENTS,

REPRESENTATIVES, EMPLOYEES OR SUBCONTRACTORS OF ANY TIER.

NO DAMAGES FOR DELAY: Vendor shall have no right to claim any damages against City, including consequential or incidental damages, as a result of delay.

Extension of time for Vendor’s performance is conditioned upon City’s approval of an extension of time to the contract or delays claimed by Vendor. Failure of Vendor to make

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a claim promptly shall be deemed a waiver of the right to a claim for an extension of time for the particular cause.

TERMINATION: City may terminate this Agreement or any part thereof for cause in the event of any default by Vendor, or if Vendor fails to comply with any of the terms and conditions of this offer. The Uniform Commercial Code of the State of Texas shall apply to City’s rights and remedies under commercial transactions. City reserves all rights, remedies, and warranties, express and implied, under the UCC. Vendor may not terminate this Agreement unless City fails to provide payment for goods and/or associated services expressly accepted by City.

TAXES: The City of Victoria is exempted from all city, state, and federal excise taxes.

DO NOT include tax on your invoice.

INSURANCE: When Vendor delivers the executed counterparts of the Agreement to the City(s) shall also deliver to the City(s), with copies to each named insured and additional insured, the certificates and other evidence of insurance required to be provided by Vendor in accordance with the Insurance Rider that is Exhibit A to this Agreement, which is attached hereto and incorporated herein by reference.

PAYMENT: Invoices will be paid according to agreed payment terms as reflected in the Agreement or within 30 days after receipt of the items or completion of required services.

Payment for the goods delivered under this Agreement shall not be acceptance of such goods. Goods shall only be deemed accepted when they have actually been counted, inspected, and tested by City and found to be in conformance with this Agreement.

However, failure to inspect or test by City shall not relieve Vendor of any responsibility hereunder.

REMEDIES: The rights and remedies reserved to City herein, except where expressly stated to be exclusive, shall be cumulative and in addition to any other or further rights and remedies provided by law or equity. No waiver of any breach of these provisions shall be deemed to constitute a waiver of any other breach.

ASSIGNMENT: Neither this Agreement nor any right or obligations herein may be assigned by Vendor nor may Vendor delegate the performance of any of its duties hereunder without in either case City’s prior written consent.

FORCE MAJEURE: Either party to this Agreement shall be free from liability for failing to perform hereunder if such failure is caused due to acts of God, labor difficulties, fires or other causes beyond the reasonable control of the affected party. In the event that Vendor is unable to perform for such reasons beyond its reasonable control, City shall have the right to either continue the delivery dates until Vendor is able to perform or terminate this Agreement.

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DISPUTE RESOLUTION: In the event of disputes over price, quantity or quality, City shall have the right to audit Vendor’s records in order to…