21-039 SPECS - BEDDING AND BACKFILL SAND.pdf

REBID

BIDDING DOCUMENTS

FOR

Bedding and Backfill Sand

Bid No. 21-039

Bid Due Date and Opening Time:

2:00 p.m. on Wednesday, September 22nd, 2021

TABLE OF CONTENTS

INVITATION TO BID

INSTRUCTIONS TO BIDDERS

VENDOR AGREEMENT

SPECIFICATIONS

ACKNOWLEDGEMENT OF ADDENDA

ETHICS COMPLIANCE STATEMENT

CERTIFICATE OF INTERESTED PARTIES (Form 1295)

DISCLOSURE OF CONFLICT OF INTEREST

FORM W-9

CERTIFICATION AND AUTHORIZATION OF BID

BID SHEET

All documents listed above, included herein, or subsequently amended via addenda comprise the

“BIDDING DOCUMENTS”

INVITATION TO BID

Date: 08/31/2021

Harlingen Waterworks System (HWWS) invites qualified vendors to submit bids for:

SUPPLY OF BEDDING AND BACKFILL SAND

The contract(s) resulting from this solicitation is intended to be awarded for a one-year term with two (2) one-year extension options.

Bidding Documents consisting of detailed specifications, contract provisions, bid forms, and bid instructions may downloaded from the “BIDS” link on HWWS’s website at www.hwws.com.

HWWS will receive Sealed Bids addressed to the Purchasing Office until 2:00 p.m. on Wednesday, September 22nd, 2021 at 114 North “L” Street Harlingen, Texas 78550. No late bids will be accepted. Bids will be publicly opened and read aloud. All bidders are invited to attend the opening.

HWWS requests that you carefully read the accompanying Instructions to Bidders. Questions concerning this Bidding Documents may be directed via e-mail to:

Ronald De La Garza Finance and Revenue Director rdelagarza@hwws.com

HWWS reserves the right to refuse or reject any bid, to waive any defects, technicalities, and formalities, and to make exceptions to any part of the specifications when in the best interest of HWWS, and to hold bids for a period of sixty (60) days without taking action.

http://www.hwws.com/ mailto:rdelagarza@hwws.com

INSTRUCTIONS TO BIDDERS

1. BID SUBMITTAL DEADLINE

a. Competitive sealed bids will be received for:

(hereinafter referred to as “Sand”) at the Purchasing Office, 114 North “L” Street Harlingen, Texas 78550 until 2:00 p.m. on Wednesday, September 22nd, 2021. No late bids will be accepted.

b. The anticipated schedule for this bid solicitation is as follows:

Bid Advertisement ......................................................... Saturday, September 4th, 2021 Deadline for Submission of Questions ........................................ September 17th, 2021 Bid Submittal Deadline ......................2:00 p.m. on Wednesday, September 22nd, 2021 Target Award Date ....................................................................... September 29th, 2021 Bid Expiration ............................................................................... December 17th, 2021

2. BIDDING DOCUMENTS

Detailed instructions, specifications, contract provisions, and bid forms may be downloaded from the “BIDS” link on the HWWS website at www.hwws.com. Unless otherwise indicated, all documents, including addenda, posted thereon related to this bid solicitation comprise the “Bidding Documents”.

3. BIDDER’S RESPONSIBILITIES

a. Bidder must thoroughly and carefully read the Bidding Documents to understand all of the requirements completely and accurately. Together, the 1) Vendor Agreement, 2) Specifications, and 3) Exhibits thereto (if any), define the contractual performance requirements to which the successful bidder will be expected to comply. Bidder shall ensure that its bid for Sand complies with all performance and bidding requirements.

b. Should the Bidder find discrepancies or omissions in these Bidding Documents, or should the Bidder be in doubt as to their meaning, the Bidder shall immediately notify the HWWS Purchasing Office and obtain clarification by addendum prior to submitting any bid.

c. Bidder shall verify shipping and handling requirements for the goods and services to be provided, and prior to submittal of bid, shall ensure the vehicle(s) it intends to use for shipping or transport are suitable for loading and unloading of goods or serviced equipment at HWWS’s Warehouse dock or other designated location.

d. Bidder shall pay all royalties and charges which are legal and equitable for or on account of the use of patented appliances, products, or processes. Evidence of such payment or satisfaction shall be submitted upon request of HWWS as a necessary requirement for payment of invoice amounts associated with such patented appliances, products, or processes.

4. INTERPRETATIONS AND CLARIFICATIONS BY ADDENDA ONLY

No oral interpretations or clarifications will be made to any bidder. Each request for an interpretation or clarification shall be made in writing no less than seventy-two (72) hours prior to the bid opening. Each interpretation or clarification made will be in the form of an Addendum and will be distributed via email only to the registered bid portal users who downloaded the Bidding Documents. It is, however, the bidder’s responsibility to make an inquiry as to any addenda issued. All such addenda shall become part of the Bidding Documents and all bidders shall be bound by such addenda, whether or not obtained by the bidders.

5. STANDARDS AND SPECIFICATIONS

The goods and services to be provided under this bid shall be of the type specified. The specifications define a minimum standard. There is no intention to disqualify any bidder who can meet the specifications. Any bid that does not meet the minimum requirements specified is subject to rejection.

6. SUBSTITUTIONS

Unless substitutions are expressly prohibited, reference to a specific manufacturer or model shall be understood as an indication of type and quality desired, and “or equal” substitutions of equivalent nature and quality will be considered. HWWS reserves the right to judge the quality of any substitution. If bidding an item other than the named make and model, bid must show manufacturer, brand, model, and any other uniquely defining characteristics of item being bid.

7. BID PRICING

a. Bidders must ensure that all calculations are correct. Calculation errors may be cause for rejection of a bid. Bid prices shall be F.O.B. (Free on Board) destination shipping at the designated HWWS location. Estimated quantity bids shall be made based on unit price, extended, and totaled. In the event of discrepancies of extended price calculation, unit prices will govern. HWWS will honor only the unit prices stated on the Bid Sheets.

Therefore, bid unit prices must incorporate any and all costs.

e. Bid pricing must remain firm throughout the term of the contract resulting from this bid except in Force Majeure circumstances.

f. HWWS participates in cooperative purchasing programs including the BuyBoard, Omnia Partners, DIR, GSA, Texas SmartBuy, TIPS, HGACBuy, Sourcewell, PACE, GoodBuy Cooperative, and Choice Partners. Bids should be submitted based on the most advantageous pricing available, whether through a purchasing cooperative or otherwise.

8. TAXES

HWWS is exempt from Federal Excise Tax, State Tax, and Local Taxes. Do not include tax in the bid. If it is determined that tax was included in the bid it will not be included in the tabulation of any awards. Tax exemption certificates will be furnished upon request.

9. TAX IDENTIFICATION NUMBER (TIN)

In accordance with IRA Publication 1220, a W-9 Form, or a W-8BEN Form in cases of a foreign vendor, will be required of all vendors doing business with HWWS. If a W9 or W8 form is not made available to HWWS, the first payment will be subject to income tax withholding at a rate of 28% or 30% depending on the U.S. status and the source of income as per IRS Publication 1220. The bidders’ W9 or W8 form must be included with their bids.

Sample forms are provided herein.

10. BID PREPARATION

a. Use of Forms. All forms in the Bidding Documents except Form 1295 must be completed, executed, and submitted with the bid. Except for the Bidder’s descriptions of bid exceptions and any required information for which no form is provided, all bid information must be entered on the forms provided.

b. Irregularities. All bids must be regular in every respect with no interlineations. HWWS may consider as irregular any bid on which there is an alteration of or departure from the Bid Sheet and Certification and Authorization of Bid, and at its option, may reject any irregular bid.

c. Corrections. Erasures or other corrections made on the bid prior to submission must be noted and accompanied by initials of the bidder’s named authorized representative who executes the Bid Sheet.

d. Bid Sheet. Bid pricing must be submitted on the accompanying “Bid Sheet”. All the requested information must be filled in clearly and completely to avoid possible disqualification of the bid.

e. Exceptions. Any special conditions or exceptions and variations from the specifications must be clearly stated on a separate sheet, attached to, and made a part of the bid. If there are no exceptions, the successful bidder will be required to provide the goods and services as specified.

f. Dates of Delivery. As applicable, the dates or lead times of delivery of goods and services must be stated in the bid. Such dates and lead times represent an important part of the bid that may be a deciding factor in the evaluation of best value and the award of contract.

11. SUBMISSION OF BID

a. Bids must be delivered or mailed to the HWWS Purchasing Office at 114 North “L”

Street Harlingen, Texas 78550 in a sealed envelope on or before the bid opening date and time. No late bids will be accepted.

b. Prior to evaluation, each bid will be reviewed to determine whether it is complete. Bids that do not contain the information requested may not be considered.

c. The sealed Bid Envelope must include the following:

(1) Acknowledgement of Addenda

(2) Ethics Compliance Statement

(3) Conflict of Interest Questionnaire (Form CIQ)

(4) W9 or W8 Tax Identification Form

(5) Certification and Authorization of Bid

(6) Bid Sheet

(7) Certificate of General Liability Insurance

(8) Two (2) completed and executed originals of the Vendor Agreement

(except for signatures and dates, all entries must be typed, not handwritten)

d. The sealed Bid Envelope must be clearly marked as follows:

SEALED BID: 21-039

BID DEADLINE: 2:00 p.m. on Wednesday, September 22nd, 2021

e. Competitive formal bids will be received for: (12) Month supply of Bedding and Backfill Sand. Send forms to the Purchasing Office at 114 N. “L” Street Harlingen, Texas 78550 until 2:00 P.M. on July 06, 2021. No late bids will be accepted.

f. Please read the specifications thoroughly and be sure that the Sand offered complies with all requirements. Any variation from the specifications must be clearly stated on a separate sheet, attached to, and made a part of your bid. If there are no exceptions, and you are the successful bidder, it will be required that the item bid be provided as specified.

12. EXCEPTIONS AND CHANGES

a. No bid may be altered or amended after the bid date, although any bid may be withdrawn and resubmitted before that date. Any bids received after the bid date and time specified in the bid packet will be returned unopened.

b. No changes or alterations will be allowed to the Bidding Documents unless specifically changed by addenda.

13. TIME FOR RECEIVING AND OPENING OF BIDS

The HWWS shall determine when the bid submittal deadline has arrived and no bid received thereafter will be considered. At the time and place established for the opening of bids, the HWWS agent will open each bid and publicly read it aloud, irrespective of any irregularities therein. Bidders and other interested individuals may be present.

RIGHTS RESERVATIONS AND BASIS OF AWARD

a. HWWS reserves the right to hold all bids for a period of sixty (60) days without taking any action. Bidders are required to hold their bids firm during this period. If no action is taken within sixty (60) days, all bids will be rejected.

b. A contract may be awarded to the bidder who provides goods or services at the best value to HWWS. In determining the best value, HWWS may consider:

(1) Conformity to specifications.

(2) Pricing, including payment discount terms.

(3) Reputation of the bidder and of the bidder’s goods or services.

(4) Quality of the bidder’s goods or services.

(5) Extent to which the goods or services meet HWWS’s needs.

(6) Bidder’s past relationship with HWWS.

(7) Total long-term cost to HWWS to acquire the bidder’s goods or services.

(8) Any relevant criteria specifically listed in this request for bid.

(9) Availability of goods or services.

(10) Delivery terms.

(11) Payment terms.

(12) Vendor’s safety record.

c. All items in multiple-item bids will be evaluated and may be awarded individually or in any combination thereof.

d. Bids will be evaluated with respect to the information presented in the bid and not based on what is inferred.

e. HWWS reserves the right to refuse or reject any bid, to waive any defects, technicalities, and formalities, and to make exceptions to any part of the bid specifications when in the best interest of HWWS.

VENDOR AGREEMENT

Contract No. 21-039

THIS AGREEMENT by and between Harlingen Waterworks System, hereinafter referred to as

“HWWS”, and , hereinafter referred to as “Vendor”, evidences the following:

1.00 PARTIES − The parties to this Agreement are:

(a) HARLINGEN WATERWORKS SYSTEM

Physical Address: Mailing Address:

134 E. Van Buren Ave. P.O. Box 1950 Harlingen, Texas 78550 Harlingen, Texas 78551-1950 Phone: (956) 430-6100

Authorized Representative: Timothy E. Skoglund, P.E Title: General Manager Phone: (956) 430-6157

(b) VENDOR: _______________________________________________________

Address: _______________________________________________________

Authorized Representative: ________________________________________ Title: ________________________________________ Phone Number: ________________________________________ Email: ________________________________________

The Vendor’s complete name and a street address are required above. Vendor may designate a post office box address for mailing purposes only.

1.01 Vendor, including its employees and suppliers, will always remain independent contractors and will not be considered representatives or agents of HWWS. The method and manner of performance of Vendor’s undertaking under this Agreement will be under the exclusive control of Vendor.

2.00 SCOPE OF SUPPLY − Vendor agrees to provide all goods and services in conformance with this Agreement and the following documents which are incorporated herein by reference for all purposes:

(a) Specifications

(b) Vendor’s Bid Sheet

(c) Instructions to Bidders

2.01 At HWWS’s request, Vendor shall provide:

(a) Factual information as to the financial stability of Vendor;

(b) A list of other municipalities being served by Vendor; and

(c) As applicable, laboratory test reports from an accredited laboratory showing the quality of the goods and services provided under this Agreement.

3.00 TERM

(a) This Agreement shall commence on October 1, 2021 and expire on September 30, 2022.

(b) The term of the Agreement shall be for a ONE (1) year period and may be extended for additional one-year periods by agreement of both parties for up to TWO (2) years beyond the initial term.

4.00 PAYMENT TO VENDOR

(a) Contract Sum − Vendor will be paid as established on the Bid Sheet for the Vendor’s performance of this Agreement subject to additions and deductions agreed by HWWS and Vendor. As applicable, payments will be made monthly based on the quantity of goods and services delivered and invoiced by Vendor.

(b) Request for Payment − Vendor should submit an invoice to HWWS by the 10th of the month for goods and services delivered during the preceding calendar month.

HWWS shall make payment within 30 calendar days of receipt of an approved invoice. Submission of an invoice by Vendor is a representation that the goods and services invoiced have been delivered in accordance with the terms of this Agreement and meet all specifications and requirements.

(c) Payment by HWWS does not imply that the goods and services invoiced meet applicable specifications or that the quantity of goods and services invoiced has been received by HWWS. HWWS reserves the right to test the goods and services received for conformance with the contract documents, and to bill Vendor for tests that indicate the goods and services provided are non-conforming with the contract documents.

5.00 INSURANCE REQUIREMENTS − Vendor is responsible for procuring and maintaining insurance coverage for the following claims:

(a) Claims for workers’ compensation, which will be in the amount required by the laws of the State of Texas;

(b) Claims by Vendor’s employees for bodily injury, sickness, disease, or death;

(c) Claims by any person other than Vendor's employees for bodily injury, sickness, disease, or death;

(d) Claims for personal injury sustained by any person as a direct or indirect result of

Vendor’s employment of the person or sustained by any other person;

(e) Claims for damage to property (other than the work) because of injury to or destruction of tangible property, including loss of use;

(f) Claims for damages for personal injury, death, or property damage resulting from

Vendor’s use and/or maintenance of any motor vehicle; and

(g) Claims for contractual liability arising from Vendor's obligations under this Agreement.

5.01 Vendor will, at its expense, purchase and maintain insurance on all of its operations including the following:

(a) Comprehensive General Liability:

$1,000,000 each occurrence, $1,000,000 aggregate coverage $1,000,000 for products and completed operations

(b) Commercial Automobile Liability:

$500,000 each occurrence, $500,000 aggregate coverage

(c) Excess/Umbrella Liability:

$1,000,000 each occurrence

5.02 All insurance coverage will be occurrence coverage and will be with an insurance carrier rated A-1 or better in the most current edition of A.M. Best's ratings guides.

5.03 Certificates of Insurance

(a) Vendor will provide HWWS with Certificates of Insurance before shipment of goods or performance of services, as applicable.

(b) The Certificates will provide that no coverage will be canceled, renewal refused, or materially changed for the duration of this Agreement unless at least thirty (30) days’ prior written notice is given to HWWS.

5.04 Vendor will be responsible for any delay caused by failure to provide the required insurance and will not be entitled to any extensions of time for any such delay.

5.05 Waiver of Subrogation − HWWS and Vendor waive all rights against each other for damages caused by perils to the extent such perils are covered by insurance, except such rights as they may have to the insurance proceeds.

5.06 Waiver of Subrogation Endorsement − Vendor will require the insurance policies provided pursuant to this agreement to contain a provision waiving subrogation, whether in the policy or by endorsement.

6.00 WARRANTIES

(a) Vendor warrants that all goods and services will be provided in a good and workmanlike manner in compliance with all applicable statutes, regulations, industry standards, and applicable codes.

(b) Vendor warrants that:

(1) All goods and services procured from others will be paid for by

Vendor in accordance with the terms for purchase from such providers and that the goods provided or equipment serviced will be free of the rightful claim of any provider or other third person;

(2) All goods and services provided will meet or exceed the requirements of this Agreement including all applicable statutes, regulations, industry standards, and applicable codes;

(3) All goods provided will be merchantable with respect to goods of that kind as defined by § 2.314, Texas Business & Commerce Code;

and

(4) All goods provided and equipment serviced will be suitable and fit for their intended purpose in compliance with § 2.315, Texas Business & Commerce Code.

(c) Vendor hereby assigns to HWWS any warranty for any goods provided or equipment serviced by the manufacturer and/or provider of such goods, which assignment is in addition to Vendor’s warranties set forth herein.

(d) Vendor will provide to HWWS the name and address of each manufacturer, the provider of goods, and specify which goods have been manufactured or provided by the person or entity named.

(e) Vendor warrants goods provided, and equipment serviced for a period of twelve

(12) months from the date of delivery or service, or as specified elsewhere in the bidding documents, whichever is longer.

7.00 EEOC GUIDELINES − During the performance of this the Vendor Agreement, the vendor agrees not to discriminate against any employee or applicant for employment because of race, national origin, age, religion, gender, marital or veteran status, or disability for which accommodation can reasonably be made.

8.00 TERMINATION OR SUSPENSION − HWWS may terminate or suspend this

Agreement for the following reasons:

(a) Cause. HWWS may terminate this Agreement for cause if, in the sole opinion of HWWS, 1) the goods and services provided by Vendor do not conform to the requirements of this Agreement, or 2) Vendor is materially non-compliant with any other terms of this Agreement, or 3) HWWS discovers that Vendor’s bid submittal materially misrepresented Vendor’s qualifications, condition, or capabilities.

HWWS shall have the right to terminate this Agreement for cause by giving written notice to Vendor and specifying the date thereof. In lieu of termination of this Agreement for non-conforming performance, HWWS may, in its sole discretion, elect to order suspension of delivery of goods and services until deficiencies are corrected. If this Agreement is terminated for cause, HWWS may contract with other original bidder(s) based on best value.

(b) Non-Appropriation. This Agreement may be terminated by either party if funds sufficient for payment of Vendor’s goods and services cease to be appropriated by HWWS’s governing body.

(c) Convenience. HWWS may terminate this Agreement at any time for any reason upon written notice to the Vendor.

A decision by HWWS to terminate the Agreement is not subject to the dispute resolution process set forth in the Section herein titled Resolution of Disputes.

9.00 RESOLUTION OF DISPUTES

(a) In the event a dispute arises, except a decision by HWWS to terminate the Agree-ment, delivery of goods and services will continue to the extent possible.

(b) In the event of a dispute that cannot be resolved between the parties, the parties agree to select a mediator to assist in resolving the dispute. Each party to the mediation will pay an equal share of the cost of the mediation.

(c) In the event the dispute cannot be resolved by mediation, the parties may agree to a binding or nonbinding arbitration or may choose to litigate the dispute. Each party to an arbitration proceeding will pay an equal share of the cost.

10.00 INDEMNIFICATION

(a) VENDOR AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS

HWWS, THE CITY OF HARLINGEN, THEIR TRUSTEES, COMMISSIONERS,

OFFICERS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, AGENTS, AND

REPRESENTATIVES FROM AND AGAINST ANY AND ALL CLAIMS,

LIABILITIES, LOSSES, DAMAGES, COSTS, AND EXPENSES (INCLUDING

BUT NOT LIMITED TO REASONABLE ATTORNEY’S FEES) ARISING OUT

OF, RESULTING FROM, OR OCCURRING IN CONNECTION WITH THE

SERVICES TO BE PERFORMED, EQUIPMENT TO BE PROVIDED, OR

EQUIPMENT OR MATERIALS TO BE DELIVERED THAT ARE:

(1) ATTRIBUTABLE TO ANY BODILY OR PERSONAL INJURY, SICK-

NESS, DISEASE, OR DEATH OF ANY PERSON;

(2) ATTRIBUTABLE TO ANY DAMAGE OR INJURY TO OR DESTRUC-

TION OF REAL OR PERSONAL PROPERTY INCLUDING THE LOSS

OF USE THEREOF; AND

(3) CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENCE, STRICT

LIABILITY, OR OTHER ACT OR OMISSION OF:

(i) VENDOR AND VENDOR’S SUPPLIERS, SUBCONTRAC-

TORS, OR THEIR RESPECTIVE AGENTS, REPRESENTA-

TIVES, EMPLOYEES AND/OR

(ii) HWWS AND/OR THE CITY OF HARLINGEN AND THEIR

TRUSTEES, COMMISSIONERS, OFFICERS, EMPLOYEES,

AFFILIATES, SUBSIDIARIES, AGENTS, AND REPRESENTA-

TIVES OR ANY OTHER PARTY FOR WHOM THEY MAY BE

LIABLE REGARDLESS OF WHETHER SUCH LIABILITY IS

CAUSED IN WHOLE OR PART BY THE NEGLIGENCE,

STRICT LIABILITY, OR OTHER ACT OR OMISSION OF THE

PARTIES SO INDEMNIFIED.

(b) THIS INDEMNIFICATION OBLIGATION SHALL NOT BE LIMITED IN WAY

BY LIMITATION ON THE AMOUNT OR TYPE OF DAMAGES,

COMPENSATION, OR BENEFITS PAYABLE UNDER ANY WORKERS'

COMPENSATION ACT, LIABILITY BENEFIT ACTS, OR OTHER

EMPLOYEE BENEFIT ACTS.

11.00 NOTICES

(a) Any notice required by this agreement will be given at the address shown above in the section titled PARTIES.

(b) Notices sent by mail or courier will be deemed delivered when received.

(c) Notices sent by email will be deemed delivered when received except that such notices sent after 5:00 p.m. at the location of the recipient will be deemed delivered the following business day.

12.00 GENERAL PROVISIONS

(a) Construction and Place of Performance − This Agreement will be construed under and in accord with the laws of the State of Texas, and all obligations of the Parties created hereunder are performable in Cameron County, Texas.

(b) Execution of Other Instruments − The Parties hereto agree that they will execute such other and further instruments and documents as are or may become necessary or convenient to effectuate this Agreement.

(c) Paragraph Headings − Paragraph headings used in this Agreement are for convenience only and are not to be considered in construing its terms.

(d) Parties and Successors Bound − This Agreement will be binding upon and inure to the benefit of the Parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns, as may be applicable.

(e) Entire Agreement – This Agreement, together with the Bidding Documents as amended and the bid documents submitted by the Vendor, all of which are incorporated herein by reference for all purposes, constitutes the entire agreement between HWWS and Vendor as of the date of its execution and supersedes all prior communications, representations, and agreements, either written or oral. Should any conflict arise between the terms of this document and any other document in the Bidding Documents or the Vendor’s bid, this document shall be controlling.

(f) Modification − This Agreement may be modified only in writing subscribed by the

Parties hereto.

DULY EXECUTED and delivered by the parties to this Agreement, effective on the date last counter signed.

(Vendor Company Name)

By:

Name:

Title:

Date:

CITY OF HARLINGEN WATERWORKS SYSTEM

By:

Name: Timothy E. Skoglund, P.E.

Title: General Manager

Date:

SPECIFICATIONS

1. ESTIMATED ANNUAL QUANTITIES

The Waterworks estimates that it will use approximately the amount of sand listed on the Bid Form for one or all types of sand combined. This estimated quantity is based upon the best available information. The Waterworks reserves the right to increase or decrease the quantity by any amount deemed necessary to meet its needs without any adjustments in the quoted price.

2. MINIMUM QUALITY SPECIFICATIONS

Bedding & Backfill Sand shall conform to ASTM 2487 sand classifications having no more than the fraction of fines (material passing a No. 200 sieve) listed on the Bid Form line items. Sieve results are to be submitted with bid submittal.

Material sample and Supplier’s specifications, if requested by Waterworks, shall be submitted for approval after acceptance of bid and/or when there is a change in materials or when requested by the Waterworks.

Bidder will allow sampling of proposed material at the pit of operations stockpile by a geotechnical testing firm of the Waterworks’ choice.

4. MATERIAL SAMPLES

Material sample and manufacturer’s specifications shall be submitted for approval before acceptance of bid or when there is a change in materials or when requested by the Waterworks.

5. DELIVERY LOCATION

All deliveries are to be made within the city limits of Harlingen, Texas.

6. SPECIFICATION CLARIFICATION

For clarification to these specifications, call Ronald De La Garza, Finance and Revenue Director at (956) 430-6120.

ACKNOWLEDGEMENT OF ADDENDA

Any interpretation, correction, or change to the Bidding Documents will be made only by addenda. Addenda will be distributed via email only to the registered bid portal users who downloaded the Bidding Documents. However, it is the bidder’s responsibility to check the bid portal under the “BIDS” link on the HWWS website, at www.hwws.com, to ascertain if any addenda have been issued.

Bidder acknowledges receipt of the following addendum or addenda:

No. 1 ________ No. 2 ________ No. 3 _________ No. 4 ________ No. 5 ________

By: ________________________________________________________ (Signature of Duly Authorized Representative)

Printed Name: ________________________________________________

Title: _______________________________________________________

Company Name: ______________________________________________

Date: _______________________________________________________

ETHICS COMPLIANCE STATEMENT

The undersigned bidder, by signing and executing this bid, certifies and represents to HWWS that bidder has not offered, conferred or agreed to confer any pecuniary benefit, as defined by (1.07 (a)

(6) of the Texas Penal Code, or any other thing of value as consideration for the receipt of information or any special treatment or advantage relating to this bid. The bidder certifies and represents that the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value as consideration for the recipient’s decision, opinion, recommendation, vote or other exercise of discretion concerning this bid, the bidder certifies and represents that bidder has neither coerced nor attempted to influence the exercise of discretion by any officer, trustee, agent or employee of HWWS concerning this bid on the basis of any consideration not authorized by law. The bidder also certifies and represents that bidder has not received any information not available to other bidders so as to give the undersigned a preferential advantage with respect to this bid. The bidder further certifies and represents that bidder has not violated any state, federal, or local law, regulation or ordinance relating to bribery, improper influence, collusion or the like, and that bidder will not in the future offer, confer, or agree to confer any pecuniary benefit or other thing of value of any officer, trustee, agent or employee of HWWS in return for the person having exercised their official discretion, power or duty with respect to this bid. The bidder certifies and represents that it has not now and will not in the future offer, confer, or agree to confer a pecuniary benefit or other thing of value to any officer, trustee, agent, or employee of HWWS in connection with information regarding this bid, the submission of this bid, the award of this bid or the performance, delivery, or sale pursuant to this bid.

FIRM’S REPRESENTATIVE: ________________________________________________________

(Signature)

TYPE/PRINT NAME: ________________________________________________________

TITLE: ________________________________________________________

COMPANY NAME: ________________________________________________________

MAILING ADDRESS: ________________________________________________________

CITY, STATE, & ZIP CODE: ________________________________________________________

TELEPHONE: ________________________________________________________

EMAIL: ________________________________________________________

FEDERAL ID# AND/OR S/S#: ________________________________________________________

DATE: ________________________________________________________

CERTIFICATE OF INTERESTED PARTIES (Form 1295)

Texas Government Code §2252.908 (H.B. 1295) prohibits a Texas governmental entity from entering into a contract that either (1) requires an action or vote by the governing body of the entity, or (2) has a value of at least $1 million, unless the business entity with which the governmental entity is contracting submits a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity.

The selected Bidder with which HWWS intends to contract under this bid solicitation is anticipated to fall under the filing requirements of §2252.908. The Texas Ethics Commission (“Commission”) has adopted a certificate of interested parties form (Form 1295) and rules requiring the business entity to complete Form 1295 electronically and submit an executed copy to the governmental entity. Respondents are advised that HWWS will require the successful bidder to complete Form 1295 and submit it to the Purchasing Office 10 business days before a contract is scheduled to be considered for award by the HWWS Board of Trustees.

Bidders should not complete and include Form 1295 with their bid response but must be prepared to complete and file the form with HWWS upon notification as the successful bidder.

Information and instructions regarding the filing requirements are available on the Commission’s website at the following links:

https://www.ethics.state.tx.us/tec/1295-Info.htm https://www.ethics.state.tx.us/whatsnew/FAQ_Form1295.html https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

The filing process requires filers to:

• Register and create an account on the Commission’s website.

• Click the password setup link in the email from the Commission and create password.

• Enter email address, password, and user type (Business Entity) to log in to the filing application section to enter the required information on Form 1295.

• In Section 3 enter the Contract Identification Number and Project Name. The HWWS Bid Number is to be used as the contract identification number.

• Print a copy of the completed form which includes a unique certification of filing number assigned by the application.

• An authorized agent of the respondent must sign the form. The completed, executed Form 1295 with the certification of filing must be submitted before the Board of Trustees meets to consider approval of a contract.

HWWS must notify the commission, using the commission’s filing application, of the receipt of the filed Form 1295 with the certification of filing not later than the 30th day after the date the contract binds all parties to the contract. The Commission will post the completed Form 1295 to its website within seven business days after receiving notice from HWWS.

DISCLOSURE OF CONFLICT OF INTEREST

In accordance with Chapter 176 of the Texas Local Government Code, Bidder shall submit a Conflict-of-Interest Questionnaire:

1. The CONFLICT-OF-INTEREST QUESTIONNAIRE (FORM CIQ) is required to be filed with the bid.

2. A person required to disclose a conflict of interest must file an updated questionnaire not later than September 1st of each year that a contractual relationship or negotiation is pending with HWWS.

The CONFLICT-OF-INTEREST QUESTIONNAIRE (FORM CIQ) is to be completed and submitted to the attention of the Purchasing Office at 114 North “L” Street Harlingen, Texas 78550.

COMPLETION AND SUBMISSION OF FORM CIQ IS THE SOLE RESPONSIBILITY OF

THE PROSPECTIVE BIDDER.

FORM W-9

CERTIFICATION AND AUTHORIZATION OF BID

The undersigned hereby certifies that I have fully read and understand the Bidding Documents, that I have full knowledge of the scope, quantity, and quality of the goods and services to be provided, that I have carefully examined the Vendor Agreement, Supplemental Provisions, Specifications, Exhibits, Instructions to Bidders, and Bid Sheet, and that I intend to adhere to the provisions described therein. It is further agreed that the quantities of goods and services to be provided may be increased or decreased as may be considered necessary, at the unit prices set forth on the Bid Sheet. I also affirm that I am duly authorized to submit the Bid Sheet, that the Bid Sheet has not been prepared in collusion with any other vendor, and that the contents of the Bid Sheet have not been and will not be communicated to any other Vendor prior to the official opening of bids.

BIDDER’S AUTHORIZED REPRESENTATIVE: _____________________________________

(Signature)

PRINTED NAME: ___________________________________________________

TITLE: ___________________________________________________

COMPANY NAME: ___________________________________________________

MAILING ADDRESS: ___________________________________________________

CITY, STATE, & ZIP CODE: ___________________________________________________

TELEPHONE NO.: ___________________________________________________

E-MAIL ADDRESS: ___________________________________________________

DATE: ___________________________________________________

BID SHEET

Bidder agrees to supply material meeting the stated minimum requirements as set forth in these specifications and any document attached for the unit bid prices submitted below, inclusive of all charges.

ITEM DESCRIPTION*

UNIT PRICE**

PER

CUBIC YARD

ESTIMATED

ANNUAL QTY

(CUBIC YARDS)

EXTENDED

TOTAL

Bedding & Backfill Sand - No more than 15% fines $ 7,800 $

Bedding & Backfill Sand - No more than 12% fines $

7,800 $

3 Bedding & Backfill Sand - No more than 5% fines $ 7,800 $

* Bidders must submit a price for all of the above line items. The Waterworks may award a contract to one or more bidders offering the best value to the Waterworks.

Submitted this day of , 2021

Company Name:

Authorized Representative’s Signature:

Phone Number:

E-Mail Address: