City of Corpus Christi

CITY OF CORPUS CHRISTI

PURCHASING DIVISION

P. O. BOX 9277

CORPUS CHRISTI, TEXAS 78469-9277

BID INVITATION

INVITATION TO:INVITATION NO.: Event No. 116

(Must appear on Bidder’s return envelope)

COMMODITY: Liquic Cationic Polymer

REQUISITION NO. (S) 29573

BID CLOSING TIME: 11:00 AM Central Time

Monday, March 28, 2016

This invitation includes these forms:

*Bid Invitation

Notice to All Bidders

Special Instructions to Bidders

*Certificate of Interested PartiesFor information contact: Domingo Valdez,Senior Buyer

Instructions to Bidders Telephone: (361) 826-3619

Standard Purchase Terms & Conditions Email:

*Bid Sheet
Specification 1181
Supply Agreement Standard Provisions
*Disclosure of Interest
*Business Designation Form

*These documents must be properly completed and returned before the BID CLOSING TIME.

BID (Refer to “Instructions to Bidders” before completing)

The undersigned, by his/her signature, represents that he/she is authorized to bind the Bidderand shall fully comply with the terms and conditions of the attached Bid Invitation, Specifications, and Special Provisions for the amount(s) shown on the accompanying bid documents, if the offer is accepted within calendar days (90 days unless a different period is inserted) after date of bid opening.

Firm Name: / Telephone: / -- Ext.
Address: / Fax: / --
City: / State: / Zip: / - / E-mail:
Firm’s Principal Place of Business:
Address: / City: / State: / Zip: / -
Date:
Signature of Person Authorized to Sign Bid
Signer’s Name: / Title:
(Please print or type)

NOTICE TO ALL BIDDERS

1. BIDDER SHOULD SUBMIT ITS BID ELECTRONICALLY, AS INSTRUCTED IN THE BID, VIA THE CITY OF CORPUS CHRISTI SUPPLIER PORTAL ( City of Corpus Christi highly encourages Bidders to submit its bidvia the Suppler Portal. However, if bidder prefers submitting a hard-copy of the bid offer, the submittal must be returned, as instructed in the bid, in a sealed envelope marked on the outside with the bidder’s name and address and bid number.

Addressed to: City of Corpus Christi

Purchasing Division

P O Box 9277

Corpus Christi, Texas 78469;

or

Delivered in person to the Purchasing Division 4th floor,

City Hall, 1201 Leopard, Corpus Christi, TX 78401

2. Bidder must state if bid is all or none, otherwise, City may pick and choose any item or group of items according to the City’s best interest.

3. Before submitting your bid, please read all bid invitation documents carefully. If there are questions, contact the buyer indicated on the Bid Invitation. Any discrepancies between the Bid Invitation and the Bidder’s response generally extend the bid evaluation period and often cause the bid to be declared non-responsive and eliminated from consideration.

4.Bidder agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary’s Office, if required. For more information on Form CIQ and to determine if you need to file a Form CIQ, please review the information on the City Secretary’s website at .

FACSIMILE BIDS AND ELECTRONIC BIDS: The City’s Charter and the City’s Electronic Procurement Policy require that all submitted bids be sealed, secret, unopened and time-locked through the closing time specified in the Bid Invitation, to be publicly opened and read aloud in the presence of one or more City employees and those Bidders desiring to be present. Therefore, bids submitted directly to the City by facsimile machine or e-mail will be considered non-responsive and will be eliminated from consideration.

SPECIAL INSTRUCTIONS TO BIDDERS

Bidders’ questions shall be submitted in writing, online via the City’s Supplier Portal () using the electronic question feature specific to this bid and shall be submitted before 5:00 PM CT on March 23, 2016. Questions submitted after 5:00 PM CT on March 23, 2016 shall be deemed late and shall not be considered.

The City shall provide responses in writing online via the City’s Supplier Portal using the electronic response feature and/or in the form of written addenda electronically posted via the City’s Supplier Portal if such information is necessary to bidders in submitting bids or if the lack of such information would be prejudicial to uninformed bidders. Oral explanations or instructions provided by the City before the award of the contract shall not be binding upon the City.

The date and time the Bidder electronically submits its bid via the City’s Supplier Portal shall be electronically recorded by the City’s Supplier Portal and shall be the official “time stamp” for the purpose of this bid. The time maintained by the City’s Supplier Portal shall be the official time for the purpose of the BID CLOSING TIME for this Invitation to Bid.

CERTIFICATE OF INTERESTED PARTIES

Bidder agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 “Certificate of Interested Parties” as part of this agreement.

Form 1295 requires disclosure of “interested parties” with respect to entities that enter contracts with cities. These interested parties include:

(1)persons with a “controlling interest” in the entity, which includes:

1. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent;
2. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or
3. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or

(2)a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity.

Form 1295 must be electronically filed with the Texas Ethics Commission at The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at

CITY OF CORPUS CHRISTI

PURCHASING DIVISION

INSTRUCTIONS TO BIDDERS

Preparation of Bids

Any explanation desired by a Bidder regarding the meaning or interpretation of the BidInvitation, drawings, specifications, etc., must be submitted in writing to the Purchasing Division as detailed in Special Instructions To Bidders. Oral explanations or instructions given before the award of the contract will not be binding. Any information given to a prospective Bidder concerning a BidInvitation will be furnished to all prospective Bidders in writing, online via the City of Corpus Christi’s supplier portal ( using the electronic response feature and/or in the form of written addenda electronically posted via the City of Corpus Christi’s supplier portal, if such information is necessary to Bidders in submitting bids in response to the Bid Invitation or if the lack of such information would be prejudicial to uninformed Bidders.

1.Specifications

Bidders are expected to examine the specifications, drawings, standard provisions and all instructions. Failure to do so will be at the Bidder’s risk. Bidders may provide a product exceeding specifications, as an alternate bid, if they so desire.

2.Information Required

Each Bidder shall furnish the information required by the Bid Invitation. The Bidder shall sign the Bid Invitation, Bid Sheet, and, when appropriate, Specifications. Erasures or other changes must be initialed by the person signing the offer. Bids signed by an agent are to be accompanied by evidence of his authority unless such evidence has been previously furnished to the City purchasing office.

A.The Bidder should quote its lowest and best price, F.O.B. destination on each item. If delivery and shipping quantities affect unit bid price, multiple bids may be made so as to indicate “price break” quantities in order for the City to determine maximum economic benefit. Pricing should include packaging and transportation unless otherwise specified. Pricing shall be entered as instructed on the Bid Sheet. In case of discrepancy between unit price and total price, the unit price will be presumed correct.

B.Bids should be firm. If the Bidder, however, believes it is necessary to base its price on a price adjustment, such a bid may be considered, but only as an alternate bid.

C.Transportation Charges. If the quoted price does not include transportation charges, such charges must be itemized separately; provided, however, that the City shall have the right to designate what method of transportation shall be used to ship the goods.

D.Taxes. The City does not have to pay Federal Excise Taxes or state and local retail sales and use taxes. Tax exemption certificates can be provided upon request.

E.Time, if stated as a number of days, will include Saturdays, Sundays, and holidays. Time of delivery is part of the bid and is very important. The required delivery date indicated is at point of destination. If the indicated date cannot be met or date is not indicated, Bidder shall state its best delivery time.

F.If the Bid Invitation indicates “approved equal” products are acceptable, the seller may offer an “equal” product as an alternate bid. Final “approved equal” determination remains with the City.

G.Bids submitted on other than City forms or with different terms or provisions will be considered nonresponsive and will be eliminated from consideration.

3.Submission of Bids

A.Bids should be submitted via the City of Corpus Christi’s supplier portal and in the manner instructed in the Bid Invitation.

B.Bids must be submitted before the exact hour and date of the BID CLOSING TIME. Bids received at or after the exact hour and date of the BID CLOSING TIME shall not be considered.

4.Modification or Withdrawal of Bids

Bids may be modified or withdrawn via the City of Corpus Christi’s supplier portal prior to the exact hour and date of the BID CLOSING TIME.

5.Evaluation Factors

A.Lowest Responsible Bidder or Best Value. This contract is being solicited by competitive sealed bids. Therefore, the City will award the contract to either the lowest responsible bidder or the bidder who provides goods or services at the “best value” for the City.

1.The City may award purchase orders and contracts to the Lowest Responsible Bidder. To determine the Lowest Responsible Bidder, the City may take into consideration:

1. the quality of the product;
2. the adaptability to the particular use required;
3. the ability, capacity, experience, efficiency and integrity of a bidder;
4. a bidder’s financial responsibility;
5. a bidder’s past performance or relationship with the City or with other entities;
6. a bidder’s safety record; or
7. whether a bidder is in pending litigation or is involved in a lawsuit or claim against the City.

2.The City may award purchase orders and contracts to the bidder who provides goods or services at the “best value” for the City. To determine the best value for the City, the City may consider:

1. the purchase price;
2. the reputation of the bidder and of the bidder’s goods or services;
3. the quality of the bidder’s goods or services;
4. the extent to which the goods or services meet the City’s needs;
5. the bidder’s past relationship with the City;
6. the impact on the ability of the City to comply with laws and rules relating to contracting with historicallyunderutilized businesses and nonprofit organizations employing persons with disabilities;
7. the total long-term cost to the City to acquire the bidder’s goods or services; and
8. any other relevant criteria specifically listed in this bid invitation/request for bids or proposals.

FAILURE TO COMPLY WITH ALL REQUIREMENTS AND CRITERIA OR QUALIFICATIONS OF ANY KIND MAY RESULT IN BIDDER’S BID BEING ELIMINATED FROM CONSIDERATION.

B.Partial Awards. Bidders may furnish pricing for all or any portion of the Bid Invitation. Unless the Bidder specifies otherwise in his bid, the City may award the contract for any item or group of items shown on the Bid Invitation.

C.Reservations. The City expressly reserves the right to:

1.Waive any immaterial defect, irregularity or informality in any bid or bidding procedure;

2.Reject or cancel any or all bids;

3.Reissue theBid Invitation;

4.Extend the bid opening time and date;

5.Procure any item by other means;

6.Increase or decrease the quantity specified in the Bid Invitation, unless the Bidder specifies otherwise;

7.Consider and accept an alternate bid,as provided herein, when most advantageous to the City, in the event no bid is received that fully complies with all requirements and criteria used to determine the lowest responsible bid.

6.Acceptance

Acceptance of Bidder’s offer for an open market purchase will be in the form of a purchase order. Acceptance of Bidder’s offer for supply agreements will be by acceptance letter. Acceptance of Bidder’s offer for service agreements will be by fully executed contract. Subsequent purchase orders and release orders may be issued as appropriate.

7.Disclosure of Interest

Bidders must comply with the conflict of interest provisions of the City Charter and Code of Ordinances. Prior to the submission of any bid, each Bidder must file with the City’s purchasing office a disclosure of interests on the form supplied by the City. Bidders are obligated to provide updated information concerning the disclosure of interests, as warranted, throughout the time the bids are being considered.

Bidders who already have a current disclosure of interest form on file in the City’s purchasing office will not be required to submit a separate form with their bids, provided that they have signed the certificate on the Bid Sheet certifying that the disclosure of interest information on file is current and true.

8. Conflict of Interest

Bidders agree to comply with Chapter 176 of the Texas Local Government code and file form CIQ with the City of Corpus Christi City Secretary’s Office, if required. For more information on Form CIQ and to determine if you need to file a Form CIQ, please review the information on the City Secretary’s website at

9.Equal Employment Opportunity

Bidders are expected to comply with the Affirmative Action Policy Statement of the City with respect to its provisions concerning contractors. Any complaints filed with the City alleging that a Bidder is not an Equal Opportunity Employer due to activities arising during a previous City contract will be referred to the Human Relations Commission (“Commission”) of the City for the purpose of review and recommendation. Summaries of reports by the Human Relations Administrator or the Commission may be considered in any future bid awards by the City. The City expressly reserves the right to consider such reports in determining the lowest responsible bid.

CITY OF CORPUS CHRISTI

PURCHASING DIVISION

STANDARD PURCHASE TERMS AND CONDITIONS

Seller and City agree as follows

1.SELLER TO PACKAGE GOODS Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows: (a) Seller’s name and address; (b) Consignee’s name, address and purchase order or purchase release number and the supply agreement number if applicable; (c) container number and total number of containers, e.g. box 1 of 4 boxes; and (d) the number of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform to requirements of common carriers and any applicable specifications. City’s count or weight shall be final and conclusive on shipments not accompanied by packing lists.

2.SHIPMENT UNDER RESERVATION PROHIBITED Seller is not authorized to ship the goods under reservation and no tender of a bill of lading will operate as a tender of goods.

3.TITLE & RISK OF LOSS The title and risk of loss of the goods shall not pass to City until City actually receives and takes possession of the goods at the point or points of delivery.

4.DELIVERY TERMS AND TRANSPORTATION CHARGES F.O.B. destination unless delivery terms are specified otherwise in bid. City agrees to reimburse Seller for transportation costs in the amount specified in Seller’s bid, or actual costs, whichever is lower, if the quoted delivery terms do not include transportation costs, provided City shall have the right to designate what method of transportation shall be used to ship the goods.

5.NO REPLACEMENT OF DEFECTIVE TENDER Every tender or delivery of goods must fully comply with all provisions of this contract as to time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender, provided, where the time for performance has not yet expired, the Seller may reasonably notify City of his intention to cure and may then make a conforming tender within the contract time but not afterward.

6.PLACE OF DELIVERY The place of delivery shall be that set forth in the block of the purchase order entitled “Receiving Agency.” Any change thereto shall be effected by modification as provided for in Clause 20 hereof entitled “Modifications.” The terms of this agreement are “no arrival, no sale.”