1-01 Bid Packet-Pavement Preservation Services (Slurry Seal) 34-05-26.pdf

INVITATION FOR BIDS

By order of the City Council of the City of Temple, Texas, sealed bids will be received for:

Bid #34-05-26

PAVEMENT PRESERVATION SERVICES

(SLURRY SEAL)

Issued May 4, 2026

City of Temple Purchasing Department 3210 E Avenue H, Building C

Temple, TX 76501 Phone: 254-298-5655

Email: purchasing@templetx.gov eBidding Portal: https://templetx.bonfirehub.com

Submittal Deadline and Public Opening:

June 3, 2026, by 2:00 p.m. CST https://templetx.bonfirehub.com/

TABLE OF CONTENTS

ADDENDA (if any)

NOTICE TO BIDDERS

GENERAL INSTRUCTIONS TO BIDDERS

BIDDER INFORMATION FORM

PRICING SHEETS

BID BOND

BOND REQUIREMENT AFFIDAVIT

CONFLICT OF INTEREST QUESTIONNAIRE

GENERAL PROVISIONS

SPECIAL CONDITIONS

WAGE RATES

STANDARD FORM OF AGREEMENT

PERFORMANCE BOND

PAYMENT BOND

CERTIFICATE OF INSURANCE

GUIDELINES FOR CONSTRUCTION OF CONTRACT PREPARATION

MAPS AND SPECIFICATIONS (SEE ATTACHMENTS A & B)

NOTICE TO BIDDERS

1. GENERAL

Download and submit competitive sealed bid (Bid) documents online at https://templetx.bonfirehub.com

OR

Submit sealed paper bids to:

Purchasing Department City of Temple 3210 E Avenue H, Building C Temple, Texas 76501

2. PROJECT SUMMARY

Bid submittals will be received to furnish all labor and materials and perform all work for the construction of the following described project:

PAVEMENT PRESERVATION SERVICES (SLURRY)

Slurry seal method for the resurfacing of streets using a mixture application that includes water, asphalt emulsion, aggregate, and additives to the existing asphalt pavement surface. Milling is not required on any of the street locations. Striping is required on a few of the high traffic street locations.

This bid will be awarded in its entirety to one bidder. Bidders must bid on every line item to be considered for award.

3. BUDGET

The estimated budget associated with this project is $2,250,000.

https://templetx.bonfirehub.com/

4. BID TIMELINE

Date Event

Monday, May 4, 2026 Release of Bid Documents

Tuesday, May 12, 2026 1:00 p.m. (CST)

Non-Mandatory Virtual Pre-Bid Conference

Click here for Microsoft Teams Meeting For audio participation only, call 1-979-307-6962 Conference ID: 240 480 605#

Wednesday, May 27, 2026 12:00 p.m. (noon) CST

Deadline for Questions related to Bid

Submit questions in writing through the Euna Procurement online bidding portal or email to purchasing@templetx.gov.

Wednesday, June 3, 2026 2:00 p.m. CST

Bids Due

Submit in Euna Procurement online bidding portal or sealed paper copies to the Purchasing Department.

Virtual public opening to be held immediately following time due.

Virtual Bid Opening

Click here for Microsoft Teams Meeting

For audio participation only, call 1-979-307-6962 Conference ID: 101 048 175#

June 2026 Expected Award of Contract

The City and the selected Contractor will work to establish an acceptable calendar of work.

5. PRE-BID CONFERENCE

A voluntary pre-bid conference will be held virtually at 1:00 PM CST on Tuesday, May 12, 2026. Please use the Microsoft Teams Meeting hyperlink provided in the Bid Timeline above.

If your computer is not audio equipped, you may also join the meeting via phone by calling 1- 979-307-6962, Conference ID 240 480 605#.

6. REQUESTS FOR ADDITIONAL INFORMATION

Requests for additional information shall be in writing and submitted through the Euna Procurement online bidding portal using the ‘VENDOR DISCUSSIONS’ or ‘ASK A QUESTION’ features. Alternatively, requests can be emailed to purchasing@templetx.gov by the deadline stated in the Bid Timeline.

https://teams.microsoft.com/meet/210042267673635?p=VePK58AIN3yH33gpFe mailto:purchasing@templetx.gov.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODNlYmVhN2MtYTI0Mi00M2EzLWFlMTgtYWM0MDAwNzM4OTFl%40thread.v2/0?context=%7b%22Tid%22%3a%22ee3d9e98-2854-4904-b232-c48ef91c48cc%22%2c%22Oid%22%3a%2210732e09-0863-4fb0-be76-240a2ad716d0%22%7d mailto:purchasing@templetx.gov

Any interpretations, corrections or changes to this bid will be made by addenda. All written/published addenda shall become part of this bid and shall be acknowledged by the bidder in its bid. All other communications are unofficial and non-binding. Addenda will be released in the Euna Procurement online bidding portal in the ‘FILES’ section. It is the sole responsibility of the bidder to verify issuance of addenda and to ensure receipt thereof. If another agenda or construction data website references this project, please also refer to the Euna Procurement online bidding portal mentioned above or contact the City of Temple Purchasing office at (254)298-5655 to verify completeness of the data.

7. BID SUBMITTAL INSTRUCTIONS

Sealed bids will be received until 2:00 PM CST on Wednesday, June 3, 2026, via the Euna Procurement portal or hard copy submitted to the City of Temple Purchasing Department. See ‘Electronic Submissions’ and ‘Paper Submissions’ below.

Late submittals will not be accepted or considered. Bidders should be mindful of any potential delays due to security screening procedures, weather, connectivity issues, or other delays whether foreseeable or unforeseeable. Failure to submit a response before the due date and time will result in disqualification of the bid.

All bid submissions shall include the following provided forms:

1. Bidder Information Form;

2. Pricing Sheet(s);

3. Bid Bond;

4. Bond Requirement Affidavit; and

5. Conflict of Interest Questionnaire (submit only if applicable).

The bidder is required to submit a bid bond from a reliable surety company, payable without recourse to the order of the City of Temple, in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract within ten (10) days and execute all necessary bonds (if required) within thirty (30) days after notice of award of the contract to him. Bidders are encouraged to use the City’s bid bond form. The City may reject bids which include bid bonds submitted on something other than the City’s form if it determines in its sole discretion that the bid bond does not provide the same level of protection as the City’s bid bond form provides.

8. ELECTRONIC SUBMISSIONS

Access the Euna Procurement online bidding portal at https://templetx.bonfirehub.com. The City will use Euna Procurement for communicating all bid documents, receive any questions or inquiries, issue any associated addenda, and post award notices.

Bidders can contact Euna Procurement at support.procurement@eunasolutions.com for technical questions related to the Euna Procurement portal or visit Euna Procurement’s help forum at https://vendorsupport.gobonfire.com/hc/en-us. Bid submissions shall be prepared in the file formats listed under ‘Requested Information’ for this opportunity in Euna Procurement.

Proposal submissions may be amended by the Proposer directly in Euna Procurement, but only before the submission deadline.

https://templetx.bonfirehub.com/ mailto:support.procurement@eunasolutions.com https://vendorsupport.gobonfire.com/hc/en-us

Minimum system requirements include Microsoft Edge, Google Chrome, Safari, or Mozilla Firefox. JavaScript and browser cookies must be enabled. Euna Procurement has built-in lockbox technology that will date stamp bids and will keep all bids locked until the bid opening date and time. The maximum upload file size is 1,000 MB. Documents should not be embedded within uploaded files, as the embedded files will not be accessible or evaluated.

9. PAPER SUBMISSIONS

If a bid is delivered via hardcopy, the envelope or package containing the completed bid should be marked legibly on the outside with the bidder’s name and address along with the project number and title no later than the due date and time stated in the Project Timeline.

The bidder shall sign and date the bid where provided within the bid packet. The person signing the bid shall have the authority to bind the firm in a contract. Bids which are not signed and dated in this manner may be rejected.

All paper bids received in the Purchasing Department will be date and time stamped when received and will be considered to be the official time of receipt.

10. BID OPENING, WITHDRAWALS, AND REJECTIONS

After the expiration of the time and date above, sealed bids will be opened by the Director of Purchasing or her representative in the Purchasing Department offices located at 3210 E.

Avenue H, Building C, and publicly read aloud.

The bid opening will be held virtually via Microsoft Teams. Please use the Microsoft Teams Meeting hyperlink provided in the Bid Timeline. If your computer is not audio equipped, you may also join the meeting via phone number provided in the Bid Timeline.

It is the sole responsibility of the bidder to ensure that their bid is properly submitted electronically in the Euna Procurement online bidding portal or submitted via hard copy in the Purchasing Department at the City of Temple prior to the bid opening date and time. Late submissions will not be allowed.

No bidder may withdraw his bid within sixty (60) days after the actual date of the opening thereof or after award of the contract by the City Council of the City of Temple. Withdrawal of bid before the end of the sixty (60) days or after award of the contract by the City Council of the City of Temple will be penalized with the forfeiture of the bidder’s bid bond, if applicable.

The City reserves the right to reject any or all bids and to waive any formality in the bidding.

The City Council will consider the bids at their next regularly scheduled meeting at the Municipal Building in Temple, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond and payment bond in accordance with Texas Government Code Chapter 2253, Subchapter B, §2253.021 in the amount of 100% of the total contract price.

11. BIDDER ACKNOWLEDGEMENTS

It shall be each bidder's sole responsibility to inspect the site of the work and to inform themselves regarding all local conditions under which the work is to be done as well as carefully examine the plans, specifications, and contract documents pertaining to the work covered by this bid. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted.

The bidder hereby agrees to furnish all labor, materials and supplies required to construct this project in accordance with the plans, specifications, and contract documents within the time set forth therein and at the prices stated on the Pricing Sheet (Bid Schedule/Bid Form). Prices provided shall include all labor, materials, overhead, profit, insurance, etc. to cover the finished work of the project.

The bidder hereby agrees to commence work on the project on or before a date to be specified by a written “Notice to Proceed” provided by the City and to fully complete the work within 120 consecutive calendar days thereafter as stipulated in the specifications and related contract documents. The bidder hereby further agrees to pay to the City liquidated damages as outlined in Paragraph 1.36.1 of the General Conditions of the contract documents for time in excess of the timeline set forth hereinabove for completion of this project.

By submitting a bid for this project, the bidder is acknowledging the insurance requirements as outlined in the General Conditions of the contract documents and the bidder is asserting that, if awarded this contract, they can comply with all insurance requirements as specified within 30 days of award of the contract.

Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents and on file in the Purchasing Department for the City of Temple, Texas. Each bidder's attention is further directed to provisions of Chapter 2258 of the Texas Government Code, and the requirements contained therein concerning the above wage scale and payment by the Contractor of the prevailing rates of wages as heretofore established by the Owner in said wage scale.

The Contractor shall be solely responsible for and shall be in complete compliance with the Immigration Reform and Control Act of 1986, concerning the control of unlawful employment of aliens, the requirements for compliance to which statute are contained in section 274A (8 U.S.C.

1324) (Public Law 99-603), and to which statute reference shall be made by the Contractor to ensure compliance.

GENERAL INSTRUCTIONS TO BIDDERS

1. SCOPE OF WORK

The Contractor shall furnish all labor, superintendence, machinery, equipment, and all materials necessary to complete this project in accordance with contract documents for said project.

2. CONTRACT DOCUMENTS

All work covered by this contract shall be done in accordance with contract documents described in the General Conditions.

All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by the contract documents.

3. PLANS FOR USE BY BIDDERS

It is the intent of the City of Temple that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge. The contract documents may be examined without charge as noted in the Notice to Bidders.

4. TIME AND ORDER FOR COMPLETION

The construction covered by the contract documents shall be fully complete within the time frame provided in the Notice to Bidders and from the date specified in the Notice to Proceed issued by the City of Temple to the successful bidder.

The Contractor will be permitted to perform the work in the order of his own choosing, provided however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified.

5. PAYMENT

All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents.

6. AFFIDAVITS OF BILLS PAID

The City of Temple, Texas, reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified.

7. MATERIALS AND WORKMANSHIP

The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the construction site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project.

8. GUARANTEES

All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work and pay for any and all damages of any nature whatsoever resulting in such defects that are a result of defective materials or workmanship at no cost to the Owner (City of Temple, Texas).

9. PLANS FOR THE CONTRACTOR

The Contractor will be furnished five (5) sets of drawings, specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors, or others, as required for proper prosecution of the work contemplated by the Contractor.

10. PROTECTION OF THE WORK

The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work, whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of final acceptance to Contractor.

11. TEXAS STATE SALES TAX

This contract is issued by an organization which qualifies for exemption provisions pursuant to Provisions of the Texas Tax Code, Sections 151.301, 151.307, 151.309 and 151.311. The Contractor should obtain a limited sale, excise and use tax permit or exemption certificate which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase.

12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES

It shall be the Contractor's responsibility to perform the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Temple, Texas agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately to the satisfaction of the City of Temple, Texas, and/or other utilities at Contractor's expense. Contractor may be required to work twenty-four (24) hours per day to repair damage.

13. BARRICADES AND SAFETY MEASURES

The Contractor shall, at his own expense, furnish and erect such barricades, fences, lights, and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary.

The Contractor will be held responsible for all damage to the work due to failure of barricades, signs and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project.

14. EXPLOSIVES

The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms or corporations engaged in similar type of construction activity.

Explosive materials shall not be stored or kept at the construction site by the Contractor.

In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work, of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury.

Such notices, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations.

15. CONTRACTOR'S REPRESENTATIVE

The Contractor shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The Contractor shall be required to furnish the name, address, and telephone number where such local representatives may be reached during the time that the work contemplated by this contract is in progress.

16. INSURANCE

The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Provisions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City, or in a form approved by the City Attorney’s Office. Proof of coverage shall be furnished to the City and written notice of cancellation, non-renewal or reduction in coverage will be provided thirty (30) days in advance of cancellation or change. All "endeavor to" language must be stricken. All language similar to "but failure to mail such notice shall impose no obligations or liability of any kind upon the company," must be stricken. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The insurance certificates furnished shall name the City as an additional insured. All workers must be covered by worker’s compensation insurance. Proof must be provided for all persons working for general or subcontractors, regardless of status as employee or independent contractor. No one may work on the project without such proof.

17. LABOR AND WORKING HOURS

Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Chapter 2258 of the Texas Government Code providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist:

1. The project being constructed is essential to the City of Temple's ability to provide the necessary service to its citizens.

2. Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract, and Contractor can show he has made a diligent effort to complete the contract within the allotted time.

3.

Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from Owner's Representative to do such work. The final decision on whether to allow construction work, requiring an inspector on weekends or holidays will be made by the Owner's Representative.

In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life.

18. PAYMENT OF EMPLOYEES

The Contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week.

The Contractor shall forfeit as a penalty to the City of Temple on whose behalf this contract is made, sixty ($60) dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents.

19. SUBMISSION OF BIDS

The bidder should submit his bid on forms furnished by the City. The City may reject bids submitted on something other than the City’s forms if the City determines in its sole discretion that the form(s) does not provide the same level of protection or information as the City’s form(s).

All blank spaces in the forms shall be correctly filled in distinctly and legibly.

If the bid is submitted by an individual, his name must be signed by him. If the bid is submitted by a partnership or association, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid shall be signed by an official or duly authorized agent.

Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid.

The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information:

a. The experience record of the bidder showing completed jobs of a similar nature to the one covered by the proposed contract and all work in progress with bond amounts and percentage completed.

b. A sworn statement of the current financial condition of the bidder.

c. Equipment schedule.

d. Project completion schedule and cash flow diagram.

All bid submissions shall include the following electronic submissions through the Euna Procurement online bidding portal:

1. Bidder Information Form;

2. Pricing Sheet(s);

3. Bid Bond;

4. Bond Requirement Affidavit; and

5. Conflict of Interest Questionnaire (submit only if applicable).

20. AMOUNT OF CONTRACT

This project is supported by a unit price contract as identified in the Pricing Sheet (Bid Schedule/Bid Form), and payments will be made at the unit price and quantity of items constructed and/or installed. The unit prices stated in the Pricing Sheet (Bid Schedule/Bid Form) will also be used for situations where quantities increase or decrease through a properly executed change order. The Contractor will not be compensated for work performed before they have a change order executed by the City in their possession.

The prices as recorded by the bidder on the Pricing Sheet (Bid Schedule/Bid Form) shall include all labor, materials, overhead, profit, insurance, etc., to cover the finished work of the project as defined herein.

21. LENGTH OF CONTRACT

Any time extension request must be submitted within seven (7) days of the underlying cause for delay.

22. COPY OF CONTRACT DOCUMENTS

Bidder understands and agrees that the contract to be executed by bidder shall include the following:

a. Addenda (if any)

b. Notice to Bidders

c. General Instruction to Bidders

d. Bidder Information Form

e. Pricing Sheet(s)

f. Bid Bond

g. Bond Requirement Affidavit

h. Conflict of Interest Questionnaire, if applicable

i. General Provisions

j. Special Conditions

k. Wage Rates

l. Standard Form of Agreement

m. Performance Bond

n. Payment Bond

o. Certificate of Insurance

p. Guidelines for Construction of Contract Preparation

q. Specifications and Maps

23. PERMITS

The Contractor will be required to file for the appropriate permits as required by City Ordinance.

However, the City will waive the permit application fees associated with obtaining the permits.

24. CONFLICT OF INTEREST

Section 176.006 of the Texas Local Government Code, as amended through HB 23, requires a vendor of the City of Temple to file a completed conflict of interest questionnaire if the vendor has a business relationship with the City and:

a. has an employment or other business relationship with a City of Temple local government officer or a family member of the City of Temple local government officer that results in that person receiving taxable income, other than investment income, that is more than $2,500 in the preceding twelve months;

b. has given a City of Temple local government officer or an officer’s family member, one or more gifts totaling more than $100 in the preceding twelve months, excluding a political contribution as defined by Title 15 of the Election Code or food accepted as a guest; or

c. has a family relationship with a City of Temple local government officer.

A vendor is required to file a completed questionnaire with the City Secretary’s office not later than the seventh business day after the later of the following:

a. the date the vendor begins discussions or negotiations to enter into a contract with the City of Temple or submits an application or response to a bid proposal; or

b. the date the vendor becomes aware of any business relationship as outlined in the preceding paragraph.

“Local Government Officer” means:

a. a member of the governing body (i.e. mayor or council member);

b. a director, superintendent, administrator, or other person designated as an executive officer of the City of Temple; or

c. an agent of the City of Temple who exercise discretion in the planning, recommending, selecting, or contracting of a vendor.

State law requires that a vendor file an updated completed questionnaire with the City Secretary’s office not later than the 7th business day after the date on which the vendor becomes aware of an event that would make a statement in the questionnaire incomplete or inaccurate.

Compliance with this law is the responsibility of each bidder/vendor.

The Conflict-of-Interest Questionnaire (Form CIQ) is provided under Questionnaires Section, Required Forms.

25. CERTIFICATE OF INTERESTED PARTIES

The City is required to comply with Texas Government Code 2252.908 Disclosure of Interested Parties for contracts that:

a. require an action or vote by the City Council before the resulting contract can be signed;

b. have a value of at least $1 million; or

c. require registration as a lobbyist under Texas Government Code Chapter 305.

If the resulting contract, if any, meets one of the criteria above, a Certificate of Interested Parties (Form 1295) will be required before the contract is executed. See the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/1295/.

http://www.ethics.state.tx.us/filinginfo/1295/

COMPLETE & UPLOAD TO EUNA PROCUREMENT

OR SUBMIT VIA HARD COPY

BIDDER INFORMATION FORM

1. Company Information

Company Name: ____________________________________________________________

Business Address: ___________________________________________________________

Remit-to Address, if different: ___________________________________________________

Tax Identification Number: _____________________________________________________

Contact Person: _____________________________________________________________

Phone: ____________________________________________________________________

Email: _____________________________________________________________________

2. Addenda Our company has reviewed and formally acknowledges receipt of all addenda, if any, provided in the Euna Procurement e-procurement portal. Please record the number of addenda acknowledged here:

____________ (number of addenda acknowledged)

3. Credit Check Authorization

The City is required to determine whether a Bidder who may be awarded a contract is financially responsible. The City may run a credit check on the potential contractor before award of the contract. By signing this Bidder Information Form, I hereby authorize the City of Temple, credit bureau, or other investigative agency employed by the City of Temple to investigate my credit history and financial responsibility.

____________ (initial to confirm)

4. Agreement

The successful Bidder shall be able to execute the attached Services Agreement and be able to comply with the insurance requirements as stated within the contract. Please confirm your ability to execute this contract.

____________ (initial to confirm)

BIDDER INFORMATION FORM

continued

5. References

Name Phone Email

6. Authorization*

Authorized Signature: ____________________________________________________

Print Name: ___________________________________________________________

Title: ___________________________________ Date: _______________________

*By signing this Bidder Information Form you are asserting you have reviewed the plans, specifications, and contract documents associated with this bid, have the ability to perform and comply with the contract terms as stated herein, and are an authorized representative with the authority to bind your company in a legally binding contract.

PRICING SHEET(S)

Bidders are encouraged to submit Pricing Sheet(s) through the Euna Procurement online bidding portal.

Access to the most recent version of the Pricing Sheets can be located under ‘REQUESTED INFORMATION’ tab.

PRICING SHEET

PAVEMENT PRESERVATION SERVICES (SLURRY SEAL)

BID 34-05-26

DESCRIPTION QTY

REQUIRED UOM UNIT PRICE TOTAL PRICE

Mobilization, Bonds, and Insurance, not to exceed 5% of the Total Bid Amount 1 Lump Sum $ $

Furnish all materials, equipment, tools, and labor necessary to resurface existing asphalt pavement using a slurry seal mixture composed of water, asphalt emulsion, aggregate, and applicable additives.

441,451 Square Yards $ $

Furnish and Install 24” White Single Stripe Stop Bars at all Applicable Locations 290 Linear Feet $ $

Furnish and Install 4” White Single Stripe at all Applicable Locations 4000 Linear Feet $ $

Furnish and Install 4” White Skip Stripe at all Applicable Locations 5,400 Linear Feet $ $

Furnish and Install 4” Double Yellow Stripe at all Applicable Locations 10,450 Linear Feet $ $

Furnish and Install 8” White Left Arrow at all Applicable Locations 3 Each $ $

Furnish and Install 8” White Right Arrow at all Applicable Locations 5 Each $ $

Furnish and Install 8” White Straight-Right Combo Arrow at all Applicable Locations 1 Each $ $

TOTAL BID PRICE $

BID BOND

Bidders must submit a 5% bid bond with their bid. Bidders are encouraged to use the City’s attached bid bond form for this purpose. The City may reject bids which include bid bonds submitted on something other than the City’s form if it determines in its sole discretion that the bid bond does not provide the same level of protection as the City’s bid bond form provides.

BID BOND

THE STATE OF TEXAS § SURETY'S NO. ___________

COUNTY OF §

KNOW ALL MEN BY THESE PRESENTS, THAT

(hereinafter called the Principal), as Principal, and

(hereinafter called the Surety), as Surety, are bound unto the City of Temple, Texas, a home rule municipal corporation of Bell County, Texas (hereinafter called Obligee) in the amount

DOLLARS ($ ), for the payment whereof said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has submitted a Bid to enter into a certain written Contract with the

City of Temple for the construction of the following:

PAVEMENT PRESERVATION SERVICES (SLURRY SEAL)

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully, enter into such written Contract, then this obligation shall be void;

otherwise, to remain in full force and effect.

IT IS EXPRESSLY UNDERSTOOD AND AGREED that if said Principal should withdraw its

Bid any time after such Bid is opened and before official rejection of such Bid or, if successful in securing the award thereof, said Principal should fail to enter into the Contract and furnish satisfactory Performance Bond and Payment Bond, the Obligee, in either of such events, shall be entitled and is hereby given the right to collect the full amount of this Bid Bond as liquidated damages.

PROVIDED, further that if any legal action be filed upon this Bond, venue shall lie in Bell

County, Texas.

IN WITNESS WHEREOF, the said Principal and Surety do sign and seal this instrument, this day of , 20_____.

Principal/Contractor Surety

By

Address

By ________

Address ________

NOTE: Attach Power of Attorney

BOND REQUIREMENT AFFIDAVIT

PLEASE HAVE YOUR BOND AGENT COMPLETE THE FOLLOWING BOND

REQUIREMENT AFFIDAVIT FORM AND RETURN IT WITH YOUR BID

CITY OF TEMPLE, TEXAS

BOND REQUIREMENT AFFIDAVIT

I, the undersigned Agent/Broker, certify that the bond requirements contained in this bid document have been reviewed by me with the below identified Contractor. If the below identified Contractor is awarded this contract by the City of Temple, I will be able to, within thirty (30) days after being notified of such award, furnish valid bonds and appropriate “power of attorney” to the City meeting all of the requirements defined in this bid.

Agent (Signature) Agent (Print)

Name of Agency/Broker:

Address of Agent/Broker:

City/State/Zip:

Agent/Broker Telephone Number:

CONTRACTOR’S NAME:

(Print or Type)

To Be Completed by Appropriate Insurance Agent

NOTE TO AGENT/BROKER

If this requirement is not met, the City has the right to reject this bid and award the contract to another contractor meeting the specifications. If you have any questions concerning these bond requirements, please contact the Risk Manager for the City of Temple at (254) 298-5674. If you have questions concerning the bid, please contact the Director of Purchasing for the City of Temple at (254) 298-5655.

CONFLICT OF INTEREST QUESTIONNAIRE

See General Instructions to Bidders, Item 24, for information regarding when it is necessary to complete and submit this form.

For vendor doing business with local governmental entity

FORM CIQ

OFFICE USE ONLY

Date Received

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

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

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

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

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

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

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

Name of Officer

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

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

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

Yes No

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

Yes No

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

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

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

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

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

For vendor doing business with local governmental entity

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

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

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

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

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

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

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

(2) the vendor:

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

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

or

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

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

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

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

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

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

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

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

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

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

(1) the date that the vendor:

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

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

(2) the date the vendor becomes aware:

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

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

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

GP-1

CITY OF TEMPLE GENERAL PROVISIONS

BID REQUIREMENTS AND OTHER GENERAL CONDITIONS

Item 1.0. Definitions Item 1.1. Bid Quantities Item 1.2. Examination of Plans, Specifications and Site of the Work Item 1.3. Preparation of Bid Item 1.4. Bid Guaranty Item 1.5. Filing of Bids Item 1.6. Withdrawing Bids Item 1.7. Opening Bids Item 1.8. Irregular Bids Item 1.9. Rejection of Bids Item 1.10. Disqualification of Bidders Item 1.11. Consideration of Contract Item 1.12. Award of Contract and Commencement of Work Item 1.13. Surety Bonds Item 1.14. Notice to Proceed Item 1.15. Execution of Contract Item 1.16. Failure to Execute Contract Item 1.17. Priority of Contract Documents Item 1.18. Correlation and Intent of Documents Item 1.19. Contractor's Warranties and Understanding Item 1.20. Contractor's Responsibilities Item 1.21. Compliance with Laws; Governing Laws Item 1.22. Protection of Work and of Persons and Property Item 1.23. Payment for Labor and Material; No Liens Item 1.24. Insurance Item 1.25. Materials and Workmanship; Warranties and Guarantees Item 1.26. Shop Drawings, Product Data and Samples Item 1.27. Means and Methods of Construction Item 1.28. Supervision by Contractor Item 1.29. Employees Item 1.30. Working Area; Coordination with Other Contractors; Final Cleanup Item 1.31. Other Contractors: Obligation to Cooperate Item 1.32. Owner's Right to Temporarily Suspend Work Item 1.33. Use of Completed Portions of Work Item 1.34. Delays; Extension of Time; Liquidated Damages Item 1.35. Change or Modification of Contract Item 1.36. Payment for Revised Quantities of Work and Extra Work Item 1.37. Disputed Work and Claims for Additional Compensation Item 1.38. Performance of Extra or Disputed Work Item 1.39. Authority of the Engineer Item 1.40. Inspection and Tests Item 1.41. No Waiver of Rights or Estoppel

GP-2

Item 1.42. Contractor Default: Owner's Right to Suspend Work and Annul Contract Item 1.43. Suspension by Court Order against the Owner Item 1.44. Subcontracts Item 1.45. Assignments Item 1.46. Claims against Owner and Action Thereon Item 1.47. Owner's Officers, Employees or Agents Item 1.48. Patents Item 1.49. Monthly Estimate, Partial Payments, Retainage, Final Inspection, Acceptance and

Final Payment Item 1.50. Payment Withheld Item 1.51. Service of Notices Item 1.52. Unlawful Provisions Deemed Stricken Item 1.53. All Legal Provisions Included Item 1.54. Equal Employment Opportunity Item 1.55. Termination for Convenience of the Owner Item 1.56. State and Local Sales and Use Tax Item 1.57. Venue and Governing Law Item 1.58. No Waiver of Legal Rights Item 1.59. Obligation to Perform Functions Item 1.60. Successors and Assigns Item 1.61. Net Prices Item 1.62. Conflict of Interest Item 1.63. Overcharges Item 1.64. Headings Item 1.65. Sample Forms

GP-3

BID REQUIREMENTS & OTHER GENERAL CONDITIONS

ITEM 1.0 DEFINITIONS

The following words and expressions, or pronouns used in their place, shall wherever they appear in this contract, be construed as follows, unless a different meaning is clear from the context:

Abbreviations: Wherever the abbreviations defined herein occur on the plans, in the specifications, contract, bonds, advertisement, bid or in any other document or instrument herein contemplated or to which the specifications apply or may apply, the intent and meaning shall be as shown on page GP-6.

Addendum or Letter of Clarification: Any additional contract provisions, or change, revisions or clarification of the contract documents issued in writing by the Owner, to prospective bidder prior to the receipt of bids.

Bid: The written statement or statements duly submitted to the Owner by the person, persons, partnership, company, firm, association, or corporation proposing to do the work contemplated, including the approved form on which the formal bids for the work are to be proposed.

Bid Bond or Bid Guaranty: The approved document securing the public body from the withdrawal of a bid and providing financial protection to the public body against a bidder's failure to enter into an awarded contract by imposing liquidated damages against the bidder for such a failure.

Calendar Days or Days: Successive days of the week or month, no days being excepted.

Change Order: A properly authorized order signed by the City Manager and distributed to the Contractor allowing an adjustment in the contract price or the contract time.

Contract or Contract Documents: The written agreement covering the performance of work.

The contract and contract documents include the Standard Form of Agreement, Notice to Bidders, Instructions to Bidders, bid, addendum, specifications, including the general, special and technical conditions, provisions, plans or working drawings, any other documents mentioned in the contract or submitted as a part of the bidding process and any supplemental changes, modifications, or agreements pertaining to the work or materials therefor; and bonds; and any additional documents incorporated by reference in the above.

Contractor: The person, persons, partnership, firm, corporation, association or organization, or any combination thereof entering into the contract for the execution of the work, acting directly or through a duly authorized representative.

Contract Price: The total monies payable to the Contractor under the terms and conditions of the contract documents.