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HomeMy WebLinkAboutPR 24952: EXECUTE CONTRACTS FOR THE PURCHASE OF WATER AND WASTEWATER TREATMENT CHEMICALS FOR THE WATER UTILITIES DEPARTMENT City of ort rthur INTEROFFICE MEMORANDUM Date: May 27, 2026 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager From: Calvin Matthews,Water Utilities Director RE: PR 24952 —Contract Approvals for Water&Wastewater Treatment Chemicals Introduction: The intent of this Agenda Item is to seek City Council's approval for the City Manager to enter into four (4) contracts for various treatment chemicals for the Water Purification Plant and Wastewater Treatment Plants. Background: The Water Utilities Department utilizes a variety of treatment chemicals to ensure compliance with state and federal regulatory requirements governing the treatment of potable water and wastewater. These chemicals are essential to maintaining public health, environmental compliance, and the reliable operation of the City's treatment facilities. In accordance with the City of Port Arthur Purchasing Policy, the Purchasing Division solicited competitive bids on May 2, 2026, and May 9, 2026, for the supply of the required treatment chemicals. Thirteen (13) bids were received and publicly opened on May 20, 2026. Water Utilities and Purchasing staff reviewed and evaluated all bids for responsiveness,responsibility, and compliance with bid specifications. Following the withdrawal of Premier Chemicals and Services LLC of Baton Rouge, Louisiana, staff determined that the bids submitted by PVS DX,Inc. of Houston,Texas;Brenntag Southwest,Inc. of Lancaster, Texas; Solenis LLC of Wilmington, Delaware; and Pencco, Inc. of San Felipe, Texas represented the lowest responsive and responsible bids for the respective chemicals identified in the bid documents. Budget Impact: The total projected budgetary impact for these chemicals is $1,078,759.00. Funding for Treatment Chemicals are available in various Water Utilities Accounts as follows: • $641,469.00 in the Water Purification Account No. 410-40-210-5217-00-00-000 where $300,000.00 is allocated for FY26 and$341,469.00 is allocated for FY27* • $437,290.00 in the Wastewater Treatment Account No. 410-40-225-5217-00-00-000 where$37,290.00 is allocated for FY26 and $400,000.00 is allocated for FY27* *Subject to City Council's annual appropriation and approval of the FY27 Budget. Recommendation: It is recommended that the City Council adopt proposed resolution No. 24952, which authorizes the City Manager to award the contracts for various treatment chemicals for the Water Purification Plant and Wastewater Treatment Plants. "Remember,we are here to serve the Citizens of Port Arthur" PR No. 24952 04/24/2025 cm- tnr RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS FOR THE PURCHASE OF WATER AND WASTEWATER TREATMENT CHEMICALS FOR THE WATER UTILITIES DEPARTMENT WITH PVS DX, INC. OF HOUSTON, TX; BRENNTAG SOUTHWEST, INC. OF LANCASTER, TX; SOLENIS LLC OF WILMINGTON, DE; AND PENCCO, INC OF SAN FELIPE, TX. THE TOTAL PROJECTED BUDGETARY IMPACT FOR THESE CHEMICALS IS $1,078,759.00, WITH FUNDING ALLOCATED FROM VARIOUS WATER UTILITIES ACCOUNTS: $641,469.00 IN WATER PURIFICATION ACCOUNT NO. 410-40-210-5217-00-00-000 ($300,000.00 FOR FY26 AND $341,469.00 FOR FY27); AND $437,290.00 IN WASTEWATER TREATMENT ACCOUNT NO. 410-40-225-5217-00-00-000 ($37,290.00 FOR FY26 AND $400,000.00 FOR FY27), SUBJECT TO CITY COUNCIL'S ANNUAL APPROPRIATION AND APPROVAL OF THE BUDGET. WHEREAS, the City of Port Arthur Water Utilities Department requires the ongoing purchase and use of various water and wastewater treatment chemicals necessary for the treatment of potable water and wastewater at City-operated treatment facilities; and WHEREAS,in accordance with the City of Port Arthur Purchasing Policy,the Purchasing Division solicited competitive bids for the procurement of such chemicals on May 2, 2026, and May 9, 2026, as reflected in Exhibit"A"; and WHEREAS,thirteen(13) responsive bids were received and publicly opened on May 20, 2026, and thereafter reviewed and evaluated by representatives of the Water Utilities Department and Purchasing Division, as summarized in the bid tabulation attached as Exhibit"B"; and WHEREAS, following the withdrawal of Premier Chemicals and Services LLC of Baton Rouge Louisiana, City staff determined that the bids submitted by PVS DX, Inc., of Houston, Texas; Brenntag Southwest, Inc., of Lancaster, Texas; Solenis LLC, of Wilmington, Delaware; and Pencco, Inc., of San Felipe, Texas,represented the lowest responsive and responsible bids for the respective chemicals identified in Exhibits "C"through"G"; and WHEREAS, City staff recommends the award of one-year contracts, with an option to renew for one additional one-year term upon mutual agreement of the parties and subject to the availability of appropriated funds, to PVS DX, Inc., Brenntag Southwest, Inc., Solenis LLC, and Pencco,Inc.,for the supply of water and wastewater treatment chemicals as set forth in the attached exhibits; and WHEREAS, the total projected budgetary impact for these chemicals is $1,078,759.00, with $641,469.00 for the Water Purification Plant ($300,000.00 for FY26 and $341,469.00 for FY27) and $437,290.00 for the Wastewater Treatment Plant ($37,290.00 for FY26 and PR No. 24952 04/24/2025 cm-tnr $400,000.00 for FY27), subject to the City Council's annual appropriation and approval of the FY27 budget. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS: SECTION 1. The facts and recitals in the preamble are true and correct; and, SECTION 2. the City Manager is hereby authorized and directed to execute, on behalf of the City of Port Arthur, one-year contracts, in substantially the forms attached hereto as Exhibits "D" through "G," with an option to renew for one (1) additional one-year term upon mutual agreement of the parties and subject to the availability of appropriated funds, with PVS DX, Inc. of Houston, Texas; Brenntag Southwest, Inc. of Lancaster, Texas; Solenis LLC of Wilmington, Delaware; and Pencco, Inc. of San Felipe, Texas, for the purchase and supply of water and wastewater treatment chemicals at the unit prices contained in their respective bids and contracts; and SECTION 3. The total projected budgetary impact for these chemicals for the Water Purification Plant is $641,469.00 which $300,000.00 is allocated for FY26 and $341,469.00 is allocated for FY27 (subject to the City Council's annual appropriation and approval of FY27 budget), with funding available in Account No. 410-40-210-5217-00-00-000, Treatment Chemicals; and, SECTION 4.The total projected budgetary impact for these chemicals for the Wastewater Treatment Plant is $437,290.00 which $37,290.00 is allocated for FY26 and $400,000.00 is allocated for FY27 (subject to City Council's annual appropriation and approval of FY27 budget), with funding available in Account No. 410-40-225-5217-00-00-000, Treatment Chemicals; and, SECTION 5.The City Council hereby finds that the expenditures authorized herein serves a valid public purpose by ensuring the continued treatment and delivery of safe drinking water and the effective treatment of wastewater for the residents and businesses of the City of Port Arthur; and SECTION 6. A copy of the caption of this resolution shall be spread upon the minutes of the City Council. READ, ADOPTED, AND APPROVED THIS day of 2026 at a Regular Meeting of the City Council of the City of Port Arthur, Texas,by the following vote: AYES: Mayor Councilmembers: NOES: Charlotte M. Moses, Mayor ATTEST: Christie Whitley Ned, TRMC, City Secretary PR No. 24952 04/24/2025 cm Page 3 of 3 APPROVED AS TO FORM: Roxann Pais Cotroneo City Attorney APPROVED FOR ADMINISTRATION: it, .- Wry Ronald Burton,'' /.. City Manager ..(-4-e--4-.41-4.e , zc/ Suhail Kanwar, P.E. Director of Public Services 62' Calvin Matthews, P.E. Water Utilities Director APPROVED AS TO THE AVAILABILITY OF FUNDS: ( ,iik e ) h171Y17 7(0, 4 y a(Lynda) Boswell, MA CGFO Finance Director ii ki wie, Clifton . Williams Jr. CPPB Purchasing Manager Exhibit "A" ADVERTISEMENT FOR BIDS CITY OF PORT ARTHUR Invitation to Bid Water Treatment Chemicals May 2, 2026 May 9, 2026 PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS tice is hereby given that sealed bids;addressed to the City of Port Arthur,wit be received at the ice of the City Secretary,City Hall 444 4th Street or P.O.Box 1089, Port Arthur,Texas 77641 no sr than 3:00 p.m.,Wednesday,May 20,2026 and all bids received will thereafter be opened and id aloud at 3:15 p.m., on Wednesday, May 20,2026 in the City Council Chambers, 5th Floor, y Hall, Port Arthur,Texas for certain services briefly described as: 1.WATER TREATMENT CHEMICALS s received after the deadline stated above,regardless of method of delivery,will not be considered I returned unopened. >ies of the Specifications and other Contract Documents are on file in the Purchasing Office,444, Street, City of Port Arthur, and are open for public inspection without charge.They can also be eyed from the City's website at www.portarthurtx.clov/bids.asox or www.oublicpurchase.com. CITY OF PORT ARTHUR RESERVES THE RIGHT TO REJECT ANY AND/OR ALL BIDS AND WAIVE FORMALITIES. Chapter 2 Article VI Sec.2-262(C) of the City's Code of Ordinance, the City Council shall not rd a contract to a company that is in arrears in its obligations to the City. Tifton Williams )n Williams :hasing Manager PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at t Office of the City Secretary,City Hall 444 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 later than 3:00 p.m.,Wednesday,May 20,2026 and all bids received will thereafter be opened a read aloud at 3:15 p.m., on Wednesday, May 20, 2026 in the City Council Chambers, 5th Flo City Hall, Port Arthur,Texas for certain services briefly described as: 1.WATER TREATMENT CHEMICALS Bids received after the deadline stated above,regardless of method of delivery,will not be consider and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,4 4th Street, City of Port Arthur,and are open for public inspection without charge.They can also retrieved from the City's website at www.00rtarthurtx.gov/bids.aspx or www.publicpurchase.com. THE CITY OF PORT ARTHUR RESERVES THE RIGHT TO REJECT ANY AND/OR ALL BIDS AP TO WAIVE FORMALITIES. Per Chapter 2 Article VI Sec. 2-262(C)of the City's Code of Ordinance, the City Council shall r award a contract to a company that is in arrears in its obligations to the City. Is/Clifton Williams Clifton Williams Purchasing Manager Exhibit "B" BID TABULATION mok ,',i v CITY OF PORT ARTHUR TEXAS Bid Tabulation City of Water Treatment Chemicals Bid Opening Date:May 20,2026 Location:5th Floor Council Chamber *gilt rrhu P26-037 Name of Bidders Vantex Chemical,LLC IOC Corp/PCI Nitrogen Carus,LLC Hawkins,Inc Item# UOM Description Unit Cost Unit Cost Unit Cost Unit Cost I DRY TONS 50%Sodium Hydroxide $ 1,298.00 $765.10/dst No Bid $933.00/dry ton 2 DRY TONS 25%Sodium Hydroxide $ 1,936.00 $973.22/dst No Bid $ 1,288.00/dry ton 3 TONS Liquid Chlorine(Ton Cyl.) No Bid No Bid No Bid No Bid 4 LBS Liquid Chlorine(1501bs Cyl.) No Bid No Bid No Bid $2.20/lb 5 LBS Anhydrous Ammonia No Bid No Bid No Bid No Bid 6 LBS Hydrofluosilicic Acid No Bid No Bid No Bid No Bid 7 LBS Phosphate No Bid No Bid $0.79/lb $0.67/lb Delivery Turnaround Time 3 Days 5 Days 10 Days 5 Days Location Lumberton,TX White Plains,NY Peru,IL Roseville,MN *Firm for 3Q in 2026* *1,000/weekend delivery regardless Of concentration* *2 hr free time(from time of arrival) $100/hr demurrage@ 15 min intervals* • CITY OF PORT ARTHUR TEXAS \ `'\ ' -iiBid Tabulation City off _ Water Treatment Chemicals fBid Opening Date:May 20,2026 Location:5th Floor Council Chamber r7 r t rt 1z utr P26-037 Name of Bidders Univar Solutions USA, LLC Simply Aquatics Brenntag Southwest,Inc Chemrite,Incorporated PVS DX,Inc Item# UOM Description Unit Cost Unit Cost Unit Cost Unit Cost Unit Cost 1 DRY TONS 50%Sodium Hydroxide $790.00 No Bid $685.00/Dry Ton No Bid $725.00 2 DRY TONS 25%Sodium Hydroxide $915.00 No Bid $920.00/Dry Ton No Bid $850.00 3 TONS Liquid Chlorine(Ton Cyl.) No Bid No Bid $2,197.00/Ton No Bid $2,043.00 4 LBS Liquid Chlorine(1501bs Cyl.) No Bid No Bid $2.93/lb No Bid $ 1.83 5 LBS Anhydrous Ammonia No Bid No Bid No Bid No Bid No Bid 6 LBS Hydrofluosilicic Acid No Bid No Bid No Bid No Bid No Bid 7 LBS Phosphate No Bid $ 1.14/lb $ 1.14/lb $0.886 No Bid Delivery Turnaround Time 5 Days 7 Days 3-5 Days 5-14 Days 3-4 Days Location Kent,WA Kirbyville,TX Lancaster,TX Buford,GA Houston,TX *Full tankers only 4,000 gal* �, .,i ,i ' CITY OF PORT ARTHUR TEXAS Bid Tabulation City of _r Water Treatment Chemicals Bid Opening Date: May 20,2026 �'�s�' 1 Location:5th Floor Council Chamber Niro r t r t h u�_ P26-037 7exu, Name of Bidders Shannon Chemical Premier Chemicals&Services, Corporation Solenis LLC LLC Pennco,Inc Item# UOM Description Unit Cost Unit Cost Unit Cost Unit Cost 1 DRY TONS 50.%Sodium Hydroxide No Bid No Bid $705.00 No Bid 2 DRY TONS 25%Sodium Hydroxide No Bid No Bid $705.00 No Bid 3 TONS Liquid Chlorine(Ton Cyl.) No Bid No Bid No Bid No Bid 4 LBS Liquid Chlorine(1501bs Cyl.) No Bid No Bid No Bid No Bid 5 LBS Anhydrous Ammonia No Bid No Bid No Bid No Bid 6 LBS Hydrofluosilicic Acid $ 1.72 No Bid No Bid $0.6201/lb 7 LBS Phosphate $0.624/lb $.60/lb No Bid No Bid Delivery Turnaround Time 3-5 Days 10 Days 3 Days 7-14 Days Location Malvern,PA Wilmington,DE Baton Rouge,LA San Felipe,TX ( / k:i ,A}Lb2tetP\-- 'CI -rI/)-(),Z (el Clifton Williams,Purchasing Manager Date Exhibit "C" SELECTED VENDORS TABLE Water Treatment Chemicals Selected Vendors Table Bid Openening Date: May 20, 2026 P26-037 PR 24952 Brenntag PVS DX, Inc. Solenis LLC Pencco, Inc. Southwest, LLC Houston,TX Lancaster,TX Wilmington, DE San Felipe,TX ITEM # UOM DESCRIPTION UNIT COST UNIT COST UNIT COST UNIT COST 1 DRY TONS 50% SODIUM HYDROXIDE $685.00 2 DRY TONS 25% SODIUM HYDROXIDE $850.00 3 TONS LIQUID CHLORINE (TON CYL.) $2,043.00 4 LBS LIQUID CHLORINE (I 50LB CYL.) $1.83 5 LBS ANHYDROUS AMMONIA _ 6 LBS HYDROFLUOSILICIC ACID $0.62 7 LBS PHOSPHATE $0.60 Delivery Turnaround Time (Days) 3-4 3-5 10 7-14 Exhibit "D" PURCHASING CONTRACT AGREEMENT PURCHASING CONTRACT FOR CHEMICALS THIS AGREEMENT is made this the of , 2026, by and between an individual, firm partnership or corporation, PVS DX, Inc., of Houston, Texas, hereinafter called "Vendor", and the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called the "Owner" or "City". WITNESSETH: That for and in consideration of the payments, terms, conditions and agreements set forth herein, Owner and Vendor agree as follows: 1. The term of this Contract shall be for one (1) year, with an option to renew for one (1) additional year, from the date of execution unless sooner terminated under the provision hereof. The City can terminate this contract at its convenience which includes, but not limited to, funding not being available in any budget cycle, with thirty (30) days of written notice. 2. The Vendor will provide Liquid Chlorine (Ton Cyl.) and Liquid Chlorine (150LB Cyl.) as delineated and submitted in their bid on May 20, 2026. 3. During the term of this Contract, the Vendor will furnish all of the materials and supplies, as stated in the advertised bid specifications, described as: Water Treatment Chemicals 4. The Vendor agrees to deliver all materials on an as-needed basis during the term of this contract, in a not-to-exceed maximum amount of: $2,043.00/ton for Liquid Chlorine (Ton Cyl.) $1.83/Ib for Liquid Chlorine (150LB Cyl.) as shown in the Bid schedule. 5. The term "Contract Documents" means and includes the following: (A)Agreement (B) General Information (C)Specifications (D)Bid 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies each of which shall be deemed an original on the date first above written. SIGNED AND AGREED to on the day of , 2026. WITNESS: VENDOR: PVS DX, Inc. SIGNED AND AGREED to on the day of , 2026. WITNESS: OWNER: City Secretary City Manager IF CHARLOTTE M.MOSES,MAYOR RONALD BURTON,CPM HAROLD L.DOUCET,SR., i7 CITY MANAGER MAYOR PRO TEM City of - SHERRI BELLARD,TRMC COUNCIL MEMBERS: , ,�� ACITY SECRETARY WILLIE BAE LEWIS,JR. TIFFANY L.HAMILTON EVERFIELD o r t r t It tt r ROXANN PAIS COTRONEO DONEANE BECKCOM CITY ATTORNEY THOMAS KINLAW,III Tr rus DONALD FRANK,SR. MAY 12,2026 INVITATION TO BID WATER TREATMENT CHEMICALS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, May 20, 2026. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday,May 20, 2026 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P26-037 DELIVERY ADDRESS: Please submit one(1)original and one(1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR,TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in writing to: City of Port Arthur,TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur,TX 77641 clifton.williams(a,portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams P.O.Box 10891444 4th Street I Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291 Page 1 of 19 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Clifton Williams Purchasing Manager Page 2 of 19 IF INVITATION TO BID WATER TREATMENT CHEMICALS (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: PVS DX, Inc. Person Completing Form: Telephone: Alex Cobarrubias 281-457-4848 Mailing Address: Email: 1919 Jacintoport Blvd. acobarrubias@pvschemicals.com City, State,Zip Code: Date: Houston, TX 77015 May 14, 2026 Page 3 of 19 IF THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEET-PAGE 8 B. NON-COLLUSION AFFIDAVIT-PAGE 9 (MUST BE NOTARIZED) C. AFFIDAVIT-PAGE 10 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE 1 AND SIGN AT THE BOTTOM.-PAGE 11 E. HOUSE BILL 89 VERIFICATION-PAGE 13 F. CHAPTER 2252 CERTIFICATION-PAGE 14 Page 4 of 19 SPECIFICATIONS FOR WATER TREATMENT CHEMICALS FOR THE CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT GENERAL INFORMATION All chemicals specified herein shall conform to Standard 60 of the American United Laboratory National Standards Institute/National Sanitation Foundation/Underwriter's Laboratory (ANSI/NSF/UL). Conformance with this Standard must be certified by an agency recognized by the TCEQ. Each bidder shall provide such certification to the City, with their bid, along with a current Material Safety Data Sheet(MSDS) for any chemicals supplied per these specifications. All bids are to be F.O.B. at the specified City delivery location in Port Arthur, Texas. The delivery points will include the Water Purification Plant at 1101 H.O. Mills Blvd., Main WWTP at 6300 Procter St. Ext., and the Port Acres WWTP at 2901 W. Hwy. 365, and will be specified on the order. The WWTP's will only receive shipments of liquid chlorine. The City of Port Arthur will not accept demurral charges or freight bills. Shippers shall notify the appropriate City personnel prior to unloading any of the above-mentioned items. Successful bidder, or bidders, must agree to enter into a contract with the City of Port Arthur. The life of the contract is to be approximately one (1) year, with the option to extend the contract for one (1) additional one year period. Shipments are to be made as needed. No price increases will be allowed for the first ninety (90) days during life of the contracts. The estimated quantities stated below are supplied as a basis for bidding purposes only. These quantities were estimated from past experience, and do not obligate the City to purchase these exact amounts All chemical prices shall be firm for 90 days. Thirty (30) days prior written notice must be submitted, along with market justification, for any price changes during the life of the contract. The vendor is required to submit a letter from their supplier to the City of Port Arthur showing any increase or decrease in price to the vendor by their supplier from the previous month. Officers of each company must sign this letter. If there is a price decrease to the vendor by their supplier the City will be given an equal decrease. The City reserves the right to cancel this contract with fifteen (15)days prior written notice. The City reserves the right to reject any or all bids, and to waive informalities. The City reserves the right to award all items to one responsible bidder, or to award by item. TECHNICAL SPECIFICATIONS Item No. 1 100% Liquid Chlorine -325 tons (estimated) in one-ton containers Shipments shall be made in lots of nine tons. Shipments are to be by truck and are to be unloaded and drums placed in position on City racks, by successful bidder. Liquid Chlorine shall conform to the latest revision of AWWA Standard B301. All ton cylinders shall be equipped with new or newly reconditioned valves meeting the Chlorine Institute standard for new valves. All newly reconditioned valves shall be reconditioned according to the Chlorine Institute's latest publication. It shall be the sole responsibility of the successful bidder to immediately remove any ton cylinder failing to meet any requirements of these specifications. The manufacturer or Page 5 of 19 vendor shall provide an affidavit (signed by an officer of the company) acknowledging that the Liquid Chlorine to be furnished complies with all applicable requirements of AWWA Standards. Item No. 2 100%Liquid Chlorine-36,000 lbs. (estimated) in 150 lb. cylinders Same condition as above Item No. 3, except shipments shall be in 20 cylinder lots, and shall be unloaded by successful bidder. Item No.3 23-25% (available fluoride)Hydrofluosilicic Acid- 190,000 lbs. (estimated) Hydrofluorsilicic Acid shall be supplied by tank truck in 4,000 gallon loads, as ordered. Water Plant storage connections consist of 2" PVC pipe with a 2" stainless steel female quick coupling. Static lift required is 17 feet. Hydrofluosilicic Acid shall conform to AWWA Standard B703-89 or latest revision. The manufacturer or vendor shall provide an affidavit signed by an officer of the company acknowledging that the Hydrofluosilicic Acid furnished complies with all applicable requirements of AWWA Standards. Item No. 4 Phosphates - 135,000 lbs (estimated) Vendor shall furnish an estimated 135,000 pounds of a 50/50 ortho/polyphosphate blend, with 36-40% total phosphate. Each bidder shall provide, with their bid, certification that their product meets these requirements. Successful bidder must provide water quality analysis to monitor and verify performance of their product during the life of the contract as follows: 1. Two (2) lead samples and two (2) copper samples may be required for the vendor to collect and analyze each month. Testing method must be one approved by the TCEQ and the EPA. This is to monitor the distribution system if any discrepancies arise. 2. This treatment system is currently in compliance and the successful bidder must keep the system in compliance or this contract will be terminated. Item No. 5 50% (by weight)Sodium Hydroxide—145 dry tons (estimated) Solution should contain approximately 6.4 lbs. of dry sodium hydroxide per gallon. It should contain nothing injurious to the health of consumers of water treated. It shall be free of any foreign material that may cause excessive clogging of strainer or flow control valve. Shipments shall be made in 4,000 to 4,500 gallon loads as ordered, by tank truck. Supplier shall be prepared to deliver under the following conditions. Water Plant storage connection consists of 2" PVC pipe with a 2" stainless steel female quick coupling. Static lift required is 20 feet, and must be blown off with transporter's compressor. The sodium hydroxide to be supplied shall conform to the American Water Works Association Standard B501-75, or the latest revision of this standard. The manufacturer or vendor shall provide an affidavit (signed by an officer of the company) acknowledging that the sodium hydroxide furnished, according to the City of Port Arthur's order, complies with all applicable requirements of AWWA Standards. Item No.6 25% (by weight) Sodium Hydroxide-72 dry tons(estimated) Page 6 of 19 Same conditions as Item No.1, except solution should contain 3.2 lbs of dry Sodium Hydroxide per gallon. Item No. 7 99.995% (by weight)Anhydrous Ammonia-80,000 pounds (estimated) Ammonia shall be refrigeration (R) grade, and shall contain nothing injurious to the health of consumers of water treated. It shall be free of any foreign material that may cause excessive clogging of strainers or flow regulating devices. The City has it's own 1,460 gallon tank. Successful bidder, or bidders, must agree to enter into a contract with the City of Port Arthur. The life of the contract is to be approximately one (1)year. Prices shall be firm for the life of the contract. The City reserves the right to cancel this contract with(5) days prior written notice. The term of this contract will be one pear with the option to renew for one additional year. Page 7 of 19 CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: Water Treatment Chemicals for Utility Operations BID DUE DATE: May 20, 2026 ITEM# UOM DESCRIPTION UNIT COST 1 DRY TONS 50% SODIUM HYDROXIDE $ 725.00 2 DRY TONS 25% SODIUM HYDROXIDE $ 850.00 3 TONS LIQUID CHLORINE (TON CYL.) $ 2,043.00 4 LBS LIQUID CHLORINE (150LB CYL.) $ 1.83 5 LBS ANHYDROUS AMMOINIA $ 6 LBS HYDROFLUOSILICIC ACID $ 7 LBS PHOSPHATE $ Delivery will be made 3-4 Days after Receipt of Order. PVS DX, Inc. 1919 Jacintoport Blvd. COMPANY NAME STREET ADDRESS 4 ar Cooram4Giar SIGNATURE OF BIDDER P.O. BOX Alex Cobarrubias Houston, TX 77015 PRINT OR TYPE NAME CITY STATE ZIP Territory Manager 281-457-4848 TITLE AREA CODE TELEPHONE NO acobarrubias@pvschemicals.com EMAIL FAX NO. Page 8 of 19 CITY OF PORT ARTHUR, TEXAS NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: � Printed Name: Connie O'Guynn Title: Assistant Secretary Corn pany: PVS DX, Inc. Date: May 19,2026 SUBSCRIBED and sworn to before me by the above named Connie O'Guynn on this the 14th day of May 20 26 "''' BEVERLEY S. BATES fAV�INotary PubiiC,State of Texas Notary Public in and for the 'kV Comm.Expires 022027 State of Texas !h�°;i r�� Notary ID 12446160-0 My commission expires: 02/06/27 Page 9 of 19 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: X I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. PVS DX, Inc. May 14, 2026 Firm Name Date Assistant Secretary Authorized Signature Title Connie O'Guynn 281-457-4848 Name(please print) Telephone acobarrubias@pvschemicals.com Email a`"4:;%,, BEVERLEY S. BATES � Notary Public,State of Texas STATE: Texas zg,:.'r Comm.Expires 02-06-2027 404,,,,00 Notary ID 12446160-0 COUNTY: Han-is SUBSCRIBED AND SWORN to before me by the above named Connie O'Guynn on this the 14th day of May , 20 26 . Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 10 of 19 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. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received 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. J Name of vendor who has a business relationship with local governmental entity. PVS DX, Inc. J (� I I Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated I I 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.) J Name of local government officer about whom the information is being disclosed. None Name of Officer J 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 CIO 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? n Yes 1X1 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? nYes 171 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. 1-1 Check this box if the vendor has given the local government officer or afamily 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). J PVS DX, Inc. Connie O'Guynn 0-034'''L) May 14,2026 Assistant Secretary Signature of vendor doing business with the govemmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 11 of 19 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete 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 govemment 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) Avendor 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 11/30/2015 Page 12 of 19 House Bill 89 Verification Connie O'Guynn (Person name), the undersigned representative (hereafter referred to as "Representative") of PVS DX, Inc. (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean 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. SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 14th day of May , 20 26 Notary Public ..., BEVERLEY S. BATES :i= ,:Notary Public.State of Texas 1"57." •" 's,�+. �:: Comm.Expires02-06-2027 ''k,r���% Notary 10 1 24461 60-0 Page 13 of 19 SB 252 CHAPTER 2252 CERTIFICATION Connie O'Guynn , the undersigned an representative of PVS DX, Inc. (Company or Business Name) being an adult over the age of eighteen (18) years of age, 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 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of 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 Port Arthur Purchasing Department. Connie O'Guynn, Assistant Secretary Name of Company Representative (Print) Signature of Company Representative May 14, 2026 Date Page 14 of 19 Pr INFORMATION TO BIDDERS: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Page 15 of 19 Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Accounts Payable, P.O. Box 1089, Port Arthur, Texas 77641. Page 16 of 19 PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. Page 17 of 19 While the purpose of the specifications is to indicate minimum requirements in the way of capability,performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: Page 18 of 19 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required(including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen(15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten(10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 19 of 19 Exhibit "E" PURCHASING CONTRACT AGREEMENT PURCHASING CONTRACT FOR CHEMICALS THIS AGREEMENT is made this the of , 2026, by and between an individual, firm partnership or corporation, Brenntaq Southwest, Inc., of Lancaster, Texas, hereinafter called "Vendor", and the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called the "Owner" or "City". WITNESSETH: That for and in consideration of the payments, terms, conditions and agreements set forth herein, Owner and Vendor agree as follows: 1. The term of this Contract shall be for one (1) year, with an option to renew for one (1) additional year, from the date of execution unless sooner terminated under the provision hereof. The City can terminate this contract at its convenience which includes, but not limited to, funding not being available in any budget cycle, with thirty (30) days of written notice. 2. The Vendor will provide 50% Sodium Hydroxide, as delineated and submitted in their bid on May 20, 2026. 3. During the term of this Contract, the Vendor will furnish all of the materials and supplies, as stated in the advertised bid specifications, described as: Water Treatment Chemicals 4. The Vendor agrees to deliver all materials on an as-needed basis during the term of this contract, in a not-to-exceed maximum amount of $685.00/ton (per Dry Ton) for 50% Sodium Hydroxide as shown in the Bid schedule. 5. The term "Contract Documents" means and includes the following: (A)Agreement (B) General Information (C)Specifications (D)Bid 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies each of which shall be deemed an original on the date first above written. SIGNED AND AGREED to on the _ day of , 2026. WITNESS: VENDOR: Brenntag Southwest, Inc. SIGNED AND AGREED to on the day of , 2026. WITNESS: OWNER: City Secretary City Manager CHARLOTTE M.MOSES,MAYOR RONALD BURTON,CPM HAROLD L.DOUCET,SR., > CITY MANAGER MAYOR PRO TEM City of SHERRI BELLARD,TRMC COUNCIL MEMBERS: \ CITY SECRETARY WILLIE BAE LEWIS,JR. TIFFANY L.HAMILTON EVERFIELD o r t r t h uu r ROXANN PAIS COTRONEO DONEANE BECKCOM CITY ATTORNEY THOMAS KINLAW,III Texas DONALD FRANK,SR. MAY 12,2026 INVITATION TO BID WATER TREATMENT CHEMICALS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, May 20, 2026. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday,May 20,2026 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P26-037 DELIVERY ADDRESS: Please submit one(1)original and one(1)copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET,4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in writing to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williamsAportarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams P.O.Box 10891444 4th Street I Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291 Page 1 of 19 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. ehoeiff. aA,,,ze.aJ/t4f- Clifton Williams Purchasing Manager Page 2 of 19 INVITATION TO BID WATER TREATMENT CHEMICALS (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 19 THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEET-PAGE 8 B. NON-COLLUSION AFFIDAVIT-PAGE 9 (MUST BE NOTARIZED) C. AFFIDAVIT-PAGE 10(MUST BE NOTARIZED) D. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE 1 AND SIGN AT THE BOTTOM.-PAGE 11 E. HOUSE BILL 89 VERIFICATION-PAGE 13 F. CHAPTER 2252 CERTIFICATION-PAGE 14 Page 4 of 19 SPECIFICATIONS FOR WATER TREATMENT CHEMICALS FOR THE CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT GENERAL INFORMATION All chemicals specified herein shall conform to Standard 60 of the American United Laboratory National Standards Institute/National Sanitation Foundation/Underwriter's Laboratory (ANSI/NSF/UL). Conformance with this Standard must be certified by an agency recognized by the TCEQ. Each bidder shall provide such certification to the City, with their bid, along with a current Material Safety Data Sheet(MSDS) for any chemicals supplied per these specifications. All bids are to be F.O.B. at the specified City delivery location in Port Arthur, Texas. The delivery points will include the Water Purification Plant at 1101 H.O. Mills Blvd., Main WWTP at 6300 Procter St. Ext., and the Port Acres WWTP at 2901 W. Hwy. 365, and will be specified on the order. The WWTP's will only receive shipments of liquid chlorine. The City of Port Arthur will not accept demurral charges or freight bills. Shippers shall notify the appropriate City personnel prior to unloading any of the above-mentioned items. Successful bidder, or bidders, must agree to enter into a contract with the City of Port Arthur. The life of the contract is to be approximately one (1)year, with the option to extend the contract for one (1) additional one year period. Shipments are to be made as needed. No price increases will be allowed for the first ninety (90) days during life of the contracts. The estimated quantities stated below are supplied as a basis for bidding purposes only. These quantities were estimated from past experience, and do not obligate the City to purchase these exact amounts All chemical prices shall be firm for 90 days. Thirty (30) days prior written notice must be submitted, along with market justification, for any price changes during the life of the contract. The vendor is required to submit a letter from their supplier to the City of Port Arthur showing any increase or decrease in price to the vendor by their supplier from the previous month. Officers of each company must sign this letter. If there is a price decrease to the vendor by their supplier the City will be Qiven an equal decrease. The City reserves the right to cancel this contract with fifteen (15) days prior written notice. The City reserves the right to reject any or all bids, and to waive informalities. The City reserves the right to award all items to one responsible bidder, or to award by item. TECHNICAL SPECIFICATIONS Item No. 1 100% Liquid Chlorine-325 tons (estimated) in one-ton containers Shipments shall be made in lots of nine tons. Shipments are to be by truck and are to be unloaded and drums placed in position on City racks, by successful bidder. Liquid Chlorine shall conform to the latest revision of AWWA Standard B301. All ton cylinders shall be equipped with new or newly reconditioned valves meeting the Chlorine Institute standard for new valves. All newly reconditioned valves shall be reconditioned according to the Chlorine Institute's latest publication. It shall be the sole responsibility of the successful bidder to immediately remove any ton cylinder failing to meet any requirements of these specifications. The manufacturer or Page 5of19 vendor shall provide an affidavit (signed by an officer of the company) acknowledging that the Liquid Chlorine to be furnished complies with all applicable requirements of AWWA Standards. Item No. 2 100%Liquid Chlorine-36,000 lbs. (estimated) in 150 lb. cylinders Same condition as above Item No. 3, except shipments shall be in 20 cylinder lots, and shall be unloaded by successful bidder. Item No.3 23-25% (available fluoride)Hydrofluosilicic Acid - 190,000 lbs. (estimated) Hydrofluorsilicic Acid shall be supplied by tank truck in 4,000 gallon loads, as ordered. Water Plant storage connections consist of 2" PVC pipe with a 2" stainless steel female quick coupling. Static lift required is 17 feet. Hydrofluosilicic Acid shall conform to AWWA Standard B703-89 or latest revision. The manufacturer or vendor shall provide an affidavit signed by an officer of the company acknowledging that the Hydrofluosilicic Acid furnished complies with all applicable requirements of AWWA Standards. Item No. 4 Phosphates- 135,000 lbs(estimated) Vendor shall furnish an estimated 135,000 pounds of a 50/50 ortho/polyphosphate blend, with 36-40% total phosphate. Each bidder shall provide, with their bid, certification that their product meets these requirements. Successful bidder must provide water quality analysis to monitor and verify performance of their product during the life of the contract as follows: 1. Two (2) lead samples and two (2) copper samples may be required for the vendor to collect and analyze each month. Testing method must be one approved by the TCEQ and the EPA. This is to monitor the distribution system if any discrepancies arise. 2. This treatment system is currently in compliance and the successful bidder must keep the system in compliance or this contract will be terminated. Item No. 5 50% (by weight)Sodium Hydroxide— 145 dry tons(estimated) Solution should contain approximately 6.4 lbs. of dry sodium hydroxide per gallon. It should contain nothing injurious to the health of consumers of water treated. It shall be free of any foreign material that may cause excessive clogging of strainer or flow control valve. Shipments shall be made in 4,000 to 4,500 gallon loads as ordered, by tank truck. Supplier shall be prepared to deliver under the following conditions. Water Plant storage connection consists of 2" PVC pipe with a 2" stainless steel female quick coupling. Static lift required is 20 feet, and must be blown off with transporter's compressor. The sodium hydroxide to be supplied shall conform to the American Water Works Association Standard B501-75, or the latest revision of this standard. The manufacturer or vendor shall provide an affidavit (signed by an officer of the company) acknowledging that the sodium hydroxide furnished, according to the City of Port Arthur's order, complies with all applicable requirements of AWWA Standards. Item No. 6 25% (by weight) Sodium Hydroxide-72 dry tons (estimated) Page 6 of 19 Same conditions as Item No.1, except solution should contain 3.2 lbs of dry Sodium Hydroxide per gallon. Item No. 7 99.995% (by weight) Anhydrous Ammonia - 80,000 pounds (estimated) Ammonia shall be refrigeration (R) grade, and shall contain nothing injurious to the health of consumers of water treated. It shall be free of any foreign material that may cause excessive clogging of strainers or flow regulating devices. The City has it's own 1,460 gallon tank. Successful bidder, or bidders, must agree to enter into a contract with the City of Port Arthur. The life of the contract is to be approximately one(1)year. Prices shall be firm for the life of the contract. The City reserves the right to cancel this contract with(5)days prior written notice. The term of this contract will be one year with the option to renew for one additional year. Page 7 of 19 CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: Water Treatment Chemicals for Utility Operations BID DUE DATE: May 20, 2026 ITEM# UOM DESCRIPTION UNIT COST 1 DRY TONS 50% SODIUM HYDROXIDE $685.00/Dry Ton 2 DRY TONS 25% SODIUM HYDROXIDE $920.00/Dry Ton 3 TONS LIQUID CHLORINE (TON CYL.) $2,197.00/Ton 4 LBS LIQUID CHLORINE (150LB CYL.) $2.93/lb 5 LBS ANHYDROUS AMMOINIA $NO BID 6 LBS HYDROFLUOSILICIC ACID $NO BID 7 LBS PHOSPHATE $ 1.14/lb Delivery will be made 3-5 Days after Receipt of Order. Brenntag Southwest, LLC 704 E. Wintergreen Rd. COMPANY NAME STREET ADDRESS (It 7710-A- , L, _ PO Box 843376 (REMIT TO ONLY) SIGNATURE OF BIDDER P.O. BOX W. Thomas Crain, Jr. Lancaster, Texas 75134 PRINT OR TYPE NAME CITY STATE ZIP President (972) 218-3500 TITLE AREA CODE TELEPHONE NO gayle.tullier@brenntag.com (972) 218-3501 EMAIL FAX NO. Page 8 of 19 CITY OF PORT ARTHUR, TEXAS NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01 , et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: ! "J ? ;I /`� Printed Name: w Thomas Crain, Jr. Title: President Company: Brenntag Southwest, LLC Date: May 19, 2026 SUBSCRIBED and sworn to before me by the above named W. Thomas Crain, Jr. on this the 19th day of May , 2026 . rah J NotaryiPublic in andfor the Krisa CEdtnbead = State of Texas 8t23ans '�ito inso1227 %y , 0 'yy((„ My commission expires: August 29, 2028 Page 9 of 19 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: X I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Brenntag Southwest, LLC May 19, 2026 Firm Name Date /1 A-cfwixt.4. President Authorized Signature Title W. Thomas Crain, Jr. (972) 218-3500 Name (please print) Telephone gayle.tullier@brenntag.com Email \\� 1, ,,,,,���� sto*"'. t, Le<_ zt'� {�. STATE: Texas = We ago!Cedenbeg Exp.$ 1221 4' Dallas � 00,,30e COUNTY: '%'qT 'c(('y SUBSCRIBED AND SWORN to before me by the above named W. Thomas Crain, Jr. on this the 19th day of May , 2026Au L 0-1 ! n r� Notary?u'11ic RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 10 of 19 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. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received 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. Brenntag Southwest, LLC J 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. N/A Name of Officer J 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. N/A 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 X 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 X 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. N/A J Check this box if the vendor has given the local government officer or afamily 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). i ,/, /h.cmc4 ( — (/ ! May 19, 2026 Signature of vendor doing business with the go,94nmental entity Date Form provided by Texas Ethics Commission \waw.ethics.state.tx.us Revised 11/30/2015 Page 11 of 19 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete 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; a- (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 11/30/2015 Page 12 of 19 111 House Bill 89 Verification W.Thomas Crain, Jr. (Person name), the undersigned representative (hereafter referred to as "Representative") of Brenntag Southwest, LLC (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1 . That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean 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. SIGNATURE OF REPRESENTA VE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 19th day of May 20 26 . S ± /71 AC/ ' i 0,3osoo225 .$ % Notary Public '/„ f 0‘' Page 13 of 19 252 C A T_ ;I 2252 CERTIFICATION I W.Thomas Crain, Jr. ,the undersigned an representative of Brenntag Southwest, LLC (Company or,Business Name) being an adult over the age of eighteen (18) years of age, 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 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of 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 Port Arthur Purchasing Department. W. Thomas Crain, Jr. Name of Company Representative (Print) WI7A . Signature of Company Representati May 19, 2026 Date Page 14 of 19 INFORMATION TO BIDDERS: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms 'Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinQinfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Page 15 of 19 Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Accounts Payable, P.O. Box 1089,Port Arthur,Texas 77641. Page 16 of 19 PAYMENT_: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. Page 17 of 19 While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERIVIINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TER1VIINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: Page 18 of 19 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury $500,000 single limit per occurrence or $500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or $500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICA fh, OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 19 of 19 Exhibit "F" PURCHASING CONTRACT AGREEMENT PURCHASING CONTRACT FOR CHEMICALS THIS AGREEMENT is made this the of , 2026, by and between an individual, firm partnership or corporation, Solenis LLC, of Wilmington, Delaware, hereinafter called "Vendor", and the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called the "Owner" or "City". WITNESSETH: That for and in consideration of the payments, terms, conditions and agreements set forth herein, Owner and Vendor agree as follows: 1 . The term of this Contract shall be for one (1) year, with an option to renew for one (1) additional year, from the date of execution unless sooner terminated under the provision hereof. The City can terminate this contract at its convenience which includes, but not limited to, funding not being available in any budget cycle, with thirty (30) days of written notice. 2. The Vendor will be the primary provider of Phosphate, as delineated and submitted in their bid on May 20, 2026. 3. During the term of this Contract, the Vendor will furnish all of the materials and supplies, as stated in the advertised bid specifications, described as: Water Treatment Chemicals 4. The Vendor agrees to deliver all materials on an as-needed basis during the term of this contract, in a not-to-exceed maximum amount of $0.60/lb for Phosphate as shown in the Bid schedule. 5. The term "Contract Documents" means and includes the following: (A)Agreement (B) General Information (C)Specifications (D)Bid 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies each of which shall be deemed an original on the date first above written. SIGNED AND AGREED to on the day of , 2026. WITNESS: VENDOR: Solenis LLC SIGNED AND AGREED to on the day of , 2026. WITNESS: OWNER: City Secretary City Manager CHARLOTTE M.MOSES,MAYOR RONALD BURTON,CPM HAROLD L.DOUCET,SR., CITY MANAGER MAYOR PRO TEM City of SHERRI BELLARD,TRMC COUNCIL MEMBERS: CITY SECRETARY WILLIE BAE LEWIS,JR. � �--- TIFFANY L.HAMILTON EVERFIELD o r t r t h u r ROXANN PAIS COTRONEO DONEANE BECKCOM CITY ATTORNEY THOMAS KINLAW,III Texas DONALD FRANK,SR. MAY 12,2026 INVITATION TO BID WATER TREATMENT CHEMICALS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, May 20, 2026. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday,May 20,2026 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P26-037 DELIVERY ADDRESS: Please submit one(1)original and one (1)copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in writing to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams P.O.Box 10891444 4th Street I Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291 Page 1 of 19 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Cho Clifton Williams Purchasing Manager Page 2 of 19 INVITATION TO BID WATER TREATMENT CHEMICALS (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City,State,Zip Code: Date: Page 3 of 19 THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEET-PAGE 8 B. NON-COLLUSION AFFIDAVIT-PAGE 9 (MUST BE NOTARIZED) C. AFFIDAVIT-PAGE 10(MUST BE NOTARIZED) D. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE 1 AND SIGN AT THE BOTTOM.-PAGE 11 E. HOUSE BILL 89 VERIFICATION-PAGE 13 F. CHAPTER 2252 CERTIFICATION-PAGE 14 Page 4 of 19 SPECIFICATIONS FOR WATER TREATMENT CHEMICALS FOR THE CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT GENERAL INFORMATION All chemicals specified herein shall conform to Standard 60 of the American United Laboratory National Standards Institute/National Sanitation Foundation/Underwriter's Laboratory (ANSI/NSF/UL). Conformance with this Standard must be certified by an agency recognized by the TCEQ. Each bidder shall provide such certification to the City, with their bid, along with a current Material Safety Data Sheet(MSDS) for any chemicals supplied per these specifications. All bids are to be F.O.B. at the specified City delivery location in Port Arthur, Texas. The delivery points will include the Water Purification Plant at 1101 H.O. Mills Blvd., Main WWTP at 6300 Procter St. Ext., and the Port Acres WWTP at 2901 W. Hwy. 365, and will be specified on the order. The WWTP's will only receive shipments of liquid chlorine. The City of Port Arthur will not accept demurral charges or freight bills. Shippers shall notify the appropriate City personnel prior to unloading any of the above-mentioned items. Successful bidder, or bidders, must agree to enter into a contract with the City of Port Arthur. The life of the contract is to be approximately one (1)year, with the option to extend the contract for one (1) additional one year period. Shipments are to be made as needed. No price increases will be allowed for the first ninety (90) days during life of the contracts. The estimated quantities stated below are supplied as a basis for bidding purposes only. These quantities were estimated from past experience, and do not obligate the City to purchase these exact amounts All chemical prices shall be firm for 90 days. Thirty (30) days prior written notice must be submitted, along with market justification, for any price changes during the life of the contract. The vendor is required to submit a letter from their supplier to the City of Port Arthur showing any increase or decrease in price to the vendor by their supplier from the previous month. Officers of each company must sign this letter. If there is a price decrease to the vendor by their supplier the City will be given an equal decrease. The City reserves the right to cancel this contract with fifteen (15) days prior written notice. The City reserves the right to reject any or all bids, and to waive informalities. The City reserves the right to award all items to one responsible bidder, or to award by item. TECHNICAL SPECIFICATIONS Item No. 1 100% Liquid Chlorine-325 tons (estimated) in one-ton containers Shipments shall be made in lots of nine tons. Shipments are to be by truck and are to be unloaded and drums placed in position on City racks, by successful bidder. Liquid Chlorine shall conform to the latest revision of AWWA Standard B301. All ton cylinders shall be equipped with new or newly reconditioned valves meeting the Chlorine Institute standard for new valves. All newly reconditioned valves shall be reconditioned according to the Chlorine Institute's latest publication. It shall be the sole responsibility of the successful bidder to immediately remove any ton cylinder failing to meet any requirements of these specifications. The manufacturer or Page 5 of 19 p vendor shall provide an affidavit (signed by an officer of the company) acknowledging that the Liquid Chlorine to be furnished complies with all applicable requirements of AWWA Standards. Item No. 2 100% Liquid Chlorine-36,000 lbs. (estimated) in 150 lb. cylinders Same condition as above Item No. 3, except shipments shall be in 20 cylinder lots, and shall be unloaded by successful bidder. Item No.3 23-25% (available fluoride)Hydrofluosilicic Acid - 190,000 lbs. (estimated) Hydrofluorsilicic Acid shall be supplied by tank truck in 4,000 gallon loads, as ordered. Water Plant storage connections consist of 2" PVC pipe with a 2" stainless steel female quick coupling. Static lift required is 17 feet. Hydrofluosilicic Acid shall conform to AWWA Standard B703-89 or latest revision. The manufacturer or vendor shall provide an affidavit signed by an officer of the company acknowledging that the Hydrofluosilicic Acid furnished complies with all applicable requirements of AWWA Standards. Item No.4 Phosphates- 135,000 lbs (estimated) Vendor shall furnish an estimated 135,000 pounds of a 50/50 ortho/polyphosphate blend, with 36-40% total phosphate. Each bidder shall provide, with their bid, certification that their product meets these requirements. Successful bidder must provide water quality analysis to monitor and verify performance of their product during the life of the contract as follows: 1. Two (2) lead samples and two (2) copper samples may be required for the vendor to collect and analyze each month. Testing method must be one approved by the TCEQ and the EPA. This is to monitor the distribution system if any discrepancies arise. 2. This treatment system is currently in compliance and the successful bidder must keep the system in compliance or this contract will be terminated. Item No. 5 50% (by weight)Sodium Hydroxide—145 dry tons (estimated) Solution should contain approximately 6.4 lbs. of dry sodium hydroxide per gallon. It should contain nothing injurious to the health of consumers of water treated. It shall be free of any foreign material that may cause excessive clogging of strainer or flow control valve. Shipments shall be made in 4,000 to 4,500 gallon loads as ordered, by tank truck. Supplier shall be prepared to deliver under the following conditions. Water Plant storage connection consists of 2" PVC pipe with a 2" stainless steel female quick coupling. Static lift required is 20 feet, and must be blown off with transporter's compressor. The sodium hydroxide to be supplied shall conform to the American Water Works Association Standard B501-75, or the latest revision of this standard. The manufacturer or vendor shall provide an affidavit (signed by an officer of the company) acknowledging that the sodium hydroxide furnished, according to the City of Port Arthur's order, complies with all applicable requirements of AWWA Standards. Item No. 6 25% (by weight) Sodium Hydroxide-72 dry tons (estimated) Page 6 of 19 Same conditions as Item No.1, except solution should contain 3.2 lbs of dry Sodium Hydroxide per gallon. Item No. 7 99.995% (by weight)Anhydrous Ammonia - 80,000 pounds (estimated) Ammonia shall be refrigeration (R) grade, and shall contain nothing injurious to the health of consumers of water treated. It shall be free of any foreign material that may cause excessive clogging of strainers or flow regulating devices. The City has it's own 1,460 gallon tank. Successful bidder, or bidders, must agree to enter into a contract with the City of Port Arthur. The life of the contract is to be approximately one(1)year. Prices shall be firm for the life of the contract. The City reserves the right to cancel this contract with(5)days prior written notice. The term of this contract will be one year with the option to renew for one additional year. Page 7 of 19 CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: Water Treatment Chemicals for Utility Operations May DATE: BID DUE20,2026 ITEM# UOM DESCRIPTION UNIT COST 1 DRY TONS 50% SODIUM HYDROXIDE $NO B I D 2 DRY TONS 25% SODIUM HYDROXIDE $NO B I D 3 TONS LIQUID CHLORINE (TON CYL.) $NO B I D 4 LBS LIQUID CHLORINE (150LB CYL.) $NO BID 5 LBS ANHYDROUS AMMONIA $NO BID 6 LBS HYDROFLUOSILICIC ACID $NO BID 7 LBS PHOSPHATE $.60/LB Delivery will be made 10 Days after Receipt of Order. Solenis LLC. 2475 Pinnacle Drive COMPANY NAME STREET ADDRESS 4/U N/A SIGNA OF BIDDER P.O. BOX Wendy S. Mueller Wilmington DE 19803 PRINT OR TYPE NAME CITY STATE ZIP Regional Pricing Director 302-502-0802 TITLE AREA CODE TELEPHONE NO bidders@solenis.com N/A EMAIL FAX NO. Page 8of19 CITY OF PORT ARTHUR, TEXAS NON-COLLUSION AFFIDAVIT New Castle (,i i r ur r&K I Hrc I nuR § STATE OF TU(AC Delaware By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: /XL 1!l�iS Printed Name: Wend :. Mueller Title: Regional Pricing Director Company: Solenis LLC Date: 5/16/2026 SUBSCRIBED and sworn to before me by the above named Wendy S. Mueller on this the 16th day of May , 20 26 . Notary Public in ane for the \\\�ttlIIII//// State off-ors Delaware e\\\ \i Au GH ��j/ co•0 W44is••sc9 My commission expires: May 19, 2026 _ V EXPIRES Z•Z • MAY 19,2026 :cn i(r)9.T9RY PvO‘ ,�44• i/�ollDl ,`• \`�� Page 9 of 19 Mr AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: X I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have'outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Solenis LLC 5/16/2026 Firm Name Date 'W � �,;�,��M Regional Pricing Director Authd Signature Title Wendy S. Mueller 302-502-0802 Name(please print) Telephone bidders@solenis.com Email STATE: Delaware COUNTY: New Castle SUBSCRIBED AND SWORN to before me by the above named Wendy S. Mueller on this the 16th day of May , 210�26 ( M& ()Mt " /— Notary Public �,�\\111I11//i/, RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL ���\J Pv G Hq^,e <P.OMMISSj• ..p w• IRES •cn — _' E 9 2Q26 = U• MAY 4-2 • Z• OT J�v•(2— Page 10 of 19 ��� •OF D°,\ //111111\ 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. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received 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. II Name of vendor who has a business relationship with local governmental entity. NOT APPLICABLE 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.) J Name of local government officer about whom the information is being disclosed. Name of Officer .J 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? nYes n 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. riCheck this box if the vendor has given the local government officer or afamily 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). ii — 5/16/2026 Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 11 of 19 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete 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 Cods 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 Cods§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)Avendor 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 11/30/2015 Page 12 of 19 House Bill 89 Verification Wendy S. Mueller (Person name), the undersigned representative (hereafter referred to as "Representative") of Solenis LLC (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean 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. /l/(/ 4 SIGNAtJJRE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 16th day of May , 2026 . �,�\\\1 l II I///, • ‹, .y Notary Public =w',� P���s 0, ij�i�.io�o \\�\ Page 13 of 19 SB 252 CHAPTER 2252 CERTIFICATION I Wendy S. Mueller ,the undersigned an representative of Solenis LLC (Company or Business Name) being an adult over the age of eighteen(18) years of age, 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 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of 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 Port Arthur Purchasing Department. Wendy S. Mueller Name of Company Representative(Print) /UU Signatuii'ef Company Representative 5/16/2026 Date Page 14 of 19 PP INFORMATION TO BIDDERS: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Page 15 of 19 Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Accounts Payable,P.O.Box 1089,Port Arthur, Texas 77641. Page 16 of 19 PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur,Texas,Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640. INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. Page 17 of 19 While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964,no person shall, on the grounds of race, color, or national origin, be exdluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause,the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: Page 18 of 19 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury $500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c.Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or,Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a.Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 19 of 19 Exhibit "G" PURCHASING CONTRACT AGREEMENT PURCHASING CONTRACT FOR CHEMICALS THIS AGREEMENT is made this the of , 2026, by and between an individual, firm partnership or corporation, Pencco, Inc., of San Felipe, Texas, hereinafter called "Vendor", and the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called the "Owner" or "City". WITNESSETH: That for and in consideration of the payments, terms, conditions and agreements set forth herein, Owner and Vendor agree as follows: 1. The term of this Contract shall be for one (1) year, with an option to renew for one (1) additional year, from the date of execution unless sooner terminated under the provision hereof. The City can terminate this contract at its convenience which includes, but not limited to, funding not being available in any budget cycle, with thirty (30) days of written notice. 2. The Vendor will be the primary provider of Hydrofluosilicic Acid, as delineated and submitted in their bid on May 20, 2026. 3. During the term of this Contract, the Vendor will furnish all of the materials and supplies, as stated in the advertised bid specifications, described as: Water Treatment Chemicals 4. The Vendor agrees to deliver all materials on an as-needed basis during the term of this contract, in a not-to-exceed maximum amount of $0.6201/Ib for Hydrofluosilicic Acid as shown in the Bid schedule. 5. The term "Contract Documents" means and includes the following: (A)Agreement (B)General Information (C)Specifications (D)Bid 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies each of which shall be deemed an original on the date first above written. SIGNED AND AGREED to on the day of , 2026. WITNESS: VENDOR: Pencco, Inc. SIGNED AND AGREED to on the day of , 2026. WITNESS: OWNER: City Secretary City Manager Now CHARLOTTE M.MOSES,MAYOR RONALD BURTON,CPM HAROLD L.DOUCET,SR., rm.frs CITY MANAGER MAYOR PRO TEM City of 1)4) SHERRI BELLARD,TRMC COUNCIL MEMBERS: I CITY SECRETARY WILLIE BAE LEWIS,JR. TIFFANY L.HAMILTON EVERFIELD o r t r t h u r ROXANN PAIS COTRONEO DONEANE BECKCOM CITY ATTORNEY THOMAS KINLAW,III Texas DONALD FRANK,SR. MAY 12, 2026 INVITATION TO BID WATER TREATMENT CHEMICALS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, May 20, 2026. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday,May 20,2026 in the City Council Chambers, City Hall, 5th Floor,Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P26-03 7 DELIVERY ADDRESS: Please submit one (1) original and one (1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET,4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in writing to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 cifton.williamsAportarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams P.O.Box 1089 1 444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 Page 1 of 19 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope,with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. efiotzw. Clifton Williams Purchasing Manager Page 2 of 19 INVITATION TO BID WATER TREATMENT CHEMICALS (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State,Zip Code: Date: Page 3 of 19 PP THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEET-PAGE 8 B. NON-COLLUSION AFFIDAVIT-PAGE 9 (MUST BE NOTARIZED) C. AFFIDAVIT-PAGE 10 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE 1 AND SIGN AT THE BOTTOM.-PAGE 11 E. HOUSE BILL 89 VERIFICATION-PAGE 13 F. CHAPTER 2252 CERTIFICATION-PAGE 14 Page 4 of 19 mow SPECIFICATIONS FOR WATER TREATMENT CHEMICALS FOR THE CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT GENERAL INFORMATION All chemicals specified herein shall conform to Standard 60 of the American United Laboratory National Standards Institute/National Sanitation Foundation/Underwriter's Laboratory (ANSI/NSF/UL). Conformance with this Standard must be certified by an agency recognized by the TCEQ. Each bidder shall provide such certification to the City, with their bid, along with a current Material Safety Data Sheet(MSDS)for any chemicals supplied per these specifications. All bids are to be F.O.B. at the specified City delivery location in Port Arthur, Texas. The delivery points will include the Water Purification Plant at 1101 H.O. Mills Blvd., Main WWTP at 6300 Procter St. Ext., and the Port Acres WWTP at 2901 W. Hwy. 365, and will be specified on the order. The WWTP's will only receive shipments of liquid chlorine. The City of Port Arthur will not accept demurral charges or freight bills. Shippers shall notify the appropriate City personnel prior to unloading any of the above-mentioned items. Successful bidder, or bidders, must agree to enter into a contract with the City of Port Arthur. The life of the contract is to be approximately one (1) year, with the option to extend the contract for one (1) additional one year period. Shipments are to be made as needed. No price increases will be allowed for the first ninety (90) days during life of the contracts. The estimated quantities stated below are supplied as a basis for bidding purposes only. These quantities were estimated from past experience, and do not obligate the City to purchase these exact amounts All chemical prices shall be firm for 90 days. Thirty (30) days prior written notice must be submitted, along with market justification, for any price changes during the life of the contract. The vendor is required to submit a letter from their supplier to the City of Port Arthur showing any increase or decrease in price to the vendor by their supplier from the previous month. Officers of each company must sign this letter. If there is a price decrease to the vendor by their supplier the City will be given an equal decrease. The City reserves the right to cancel this contract with fifteen(15)days prior written notice. The City reserves the right to reject any or all bids, and to waive informalities. The City reserves the right to award all items to one responsible bidder, or to award by item. TECHNICAL SPECIFICATIONS Item No. 1 100%Liquid Chlorine-325 tons (estimated) in one-ton containers Shipments shall be made in lots of nine tons. Shipments are to be by truck and are to be unloaded and drums placed in position on City racks, by successful bidder. Liquid Chlorine shall conform to the latest revision of AWWA Standard B301. All ton cylinders shall be equipped with new or newly reconditioned valves meeting the Chlorine Institute standard for new valves. All newly reconditioned valves shall be reconditioned according to the Chlorine Institute's latest publication. It shall be the sole responsibility of the successful bidder to immediately remove any ton cylinder failing to meet any requirements of these specifications. The manufacturer or Page 5 of 19 vendor shall provide an affidavit (signed by an officer of the company) acknowledging that the Liquid Chlorine to be furnished complies with all applicable requirements of AWWA Standards. Item No. 2 100%Liquid Chlorine-36,000 lbs. (estimated) in 150 lb. cylinders Same condition as above Item No. 3, except shipments shall be in 20 cylinder lots, and shall be unloaded by successful bidder. Item No.3 23-25% (available fluoride)Hydrofluosilicic Acid - 190,000 lbs. (estimated) Hydrofluorsilicic Acid shall be supplied by tank truck in 4,000 gallon loads, as ordered. Water Plant storage connections consist of 2" PVC pipe with a 2" stainless steel female quick coupling. Static lift required is 17 feet. Hydrofluosilicic Acid shall conform to AWWA Standard B703-89 or latest revision. The manufacturer or vendor shall provide an affidavit signed by an officer of the company acknowledging that the Hydrofluosilicic Acid furnished complies with all applicable requirements of AWWA Standards. Item No. 4 Phosphates- 135,000 lbs (estimated) Vendor shall furnish an estimated 135,000 pounds of a 50/50 ortho/polyphosphate blend, with 36-40% total phosphate. Each bidder shall provide, with their bid, certification that their product meets these requirements. Successful bidder must provide water quality analysis to monitor and verify performance of their product during the life of the contract as follows: 1. Two (2) lead samples and two (2) copper samples may be required for the vendor to collect and analyze each month. Testing method must be one approved by the TCEQ and the EPA. This is to monitor the distribution system if any discrepancies arise. 2. This treatment system is currently in compliance and the successful bidder must keep the system in compliance or this contract will be terminated. Item No. 5 50% (by weight) Sodium Hydroxide—145 dry tons (estimated) Solution should contain approximately 6.4 lbs. of dry sodium hydroxide per gallon. It should contain nothing injurious to the health of consumers of water treated. It shall be free of any foreign material that may cause excessive clogging of strainer or flow control valve. Shipments shall be made in 4,000 to 4,500 gallon loads as ordered, by tank truck. Supplier shall be prepared to deliver under the following conditions. Water Plant storage connection consists of 2" PVC pipe with a 2" stainless steel female quick coupling. Static lift required is 20 feet, and must be blown off with transporter's compressor. The sodium hydroxide to be supplied shall conform to the American Water Works Association Standard B501-75, or the latest revision of this standard. The manufacturer or vendor shall provide an affidavit (signed by an officer of the company) acknowledging that the sodium hydroxide furnished, according to the City of Port Arthur's order, complies with all applicable requirements of AWWA Standards. Item No. 6 25% (by weight) Sodium Hydroxide-72 dry tons (estimated) Page 6 of 19 Same conditions as Item No.1, except solution should contain 3.2 lbs of dry Sodium Hydroxide per gallon. Item No. 7 99.995% (by weight)Anhydrous Ammonia -80,000 pounds (estimated) Ammonia shall be refrigeration (R) grade, and shall contain nothing injurious to the health of consumers of water treated. It shall be free of any foreign material that may cause excessive clogging of strainers or flow regulating devices. The City has it's own 1,460 gallon tank. Successful bidder, or bidders, must agree to enter into a contract with the City of Port Arthur. The life of the contract is to be approximately one (1) year. Prices shall be firm for the life of the contract. The City reserves the right to cancel this contract with (5) days prior written notice. The term of this contract will be one year with the option to renew for one additional year. Page 7 of 19 CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: Water Treatment Chemicals for Utility Operations BID DUE DATE: May 20,2026 ITEM# UOM DESCRIPTION UNIT COST 1 DRY TONS 50% SODIUM HYDROXIDE $No Bid 2 DRY TONS 25% SODIUM HYDROXIDE $No Bid 3 TONS LIQUID CHLORINE(TON CYL.) $No Bid 4 LBS LIQUID CHLORINE(150LB CYL.) $No Bid 5 LBS ANHYDROUS AMMOINIA $No Bid 6 LBS HYDROFLUOSILICIC ACID $0.6201 / 7 LBS PHOSPHATE $No Bid Delivery will be made 7-14 Days after Receipt of Order. Pencco, Inc. 813 Bartlett Road COMPANY NAME STREET ADDRESS dPJ,u"" F� �� ��� P.O. Box 600 NATURE BIDDER P.O.BOX Jennifer Guajardo San Felipe TX 77473 PRINT OR TYPE NAME CITY STATE ZIP Bid Supervisor 979 885-0005 TITLE AREA CODE TELEPHONE NO juajardo@pencco.com 979-885-3208 EMAIL FAX NO. Page 8 of 19 CITY OF PORT ARTHUR,TEXAS NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS § By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: ti / ,' � Printed Name: Jennifer Guajardoi" Title: Bid Supervisor Company: Pencco, Inc. Date: May 13,2026 SUBSCRIBED and sworn to before me by the above named Jennifer Guajardo on this the 13 day of May 20 26 @L )J\ \ &1/4.)LiL-'L)rCORAN CURLEVNotary Public in and for the ,PbBG� NOTARY PUBLIC State of Texas J• • STATE OF TEXAS �OF� 7 MNYOCTAOMYMIDE1X18822/063020 My commission i ` Page 9 of 19 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: JG I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Pencco, Inc. May 13, 2026 Firm Name - Date 4 ��L � �1"1\i\fai AC"" Bid Supervisor Akthorized Sig ature - Title Jennifer Guajardo 979-885-0005 Name(please print) Telephone juajardo©pencco.corn Email STATE: Texas COUNTY: Austin SUBSCRIBED AND SWORN to before me by the above named Jennifer Guajardo on this the 13 day of May , 20 26 . CORAN CURLEY QQAVA �,,,pY PUa.. NOTARY PueuC Notary Public , • STATE OFTEXAS s",,�o�e'' MY COMM.EXP.02/06/27 NOTARY ID 13188230-0 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 10 of 19 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. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local.Government Code,by a vendor who Date Received 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. ?.I Name of vendor who has a business relationship with local governmental entity. N/A J n I I Check this box ff you are filing an update toa previously filed questionrtaire.(The law regwresthat you file anupdated f I 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.) J Name of local government officer about whom the information is being disclosed. Name of Officer J 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 LNo 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? n Yes n 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. 1-1 Check this box if the vendor has given the local government officer or afamily 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). J l� Lil l � t �@,I t"t�f.,4( 6V(1, May 13, 2026 Spnature of venctgl-doing businessoriith'the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 11 of 19 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete 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 an d 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; cc (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-11 (a) Avendor 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 11/30/2015 Page 12 of 19 House Bill 89 Verification I, Jennifer Guajardo, Bid Supervisor (Person name), the undersigned representative (hereafter referred to as "Representative") of Pencco, Inc. - (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean 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. 110, 3tortAikir (00 1 TA GNATU E OF REP ESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 13 day of May , 20 26 . CORAN CUREY r::;- a;LIC STATE OF TEXAS +"EoFh�P" MY COMM.EXP.02/06/21 NOTARY ID 13188230-0 Notary Public PlAso CORAN CURLEY NOTARY PUBLIC • * • STATE OF TEXAS MY COMM.EXP.02/06/27 NOTARY ID 13188230-0 Page 13 of 19 SB 252 CHAPTER 2252 CERTIFICATION I, Jennifer Guajardo, Bid Supervisor ,the undersigned an representative of Pencco, Inc. (Company or Business Name) being an adult over the age of eighteen (18) years of age, 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 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of 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 Port Arthur Purchasing Department. Jennifer Guajardo Name of Company Representative (Print) (Ai \; , (Lk ature of C pany Representative May 13, 2026 Date Page 14 of 19 INFORMATION TO BIDDERS: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Page 15 of 19 Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Accounts Payable, P.O. Box 1089,Port Arthur,Texas 77641. Page 16 of 19 PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. Page 17 of 19 While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964,no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause,the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: Page 18 of 19 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury $500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b.Property Damage $100,000 per occurrence regardless of contract amount; and, c.Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or,Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen(15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten(10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 19 of 19