5-01 Bid Packet-Hot Crack Sealant 34-01-27.pdf.pdf

INVITATION TO BID

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

BID #34-01-27

HOT CRACK SEALANT

Issued: Friday, May 29, 2026

Submittal Deadline: Tuesday, June 23, 2026, at 10:00 a.m.

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

Temple, TX 76501 Phone: 254-298-5655

Email: purchasing@templetx.gov

E-Bidding Portal: https://templetx.bonfirehub.com https://templetx.bonfirehub.com/

Bid #34-01-27 Hot Crack Sealant 2

INVITATION TO BID CONTENTS

Page

Bid Timeline

Section 1 – Scope of Work

Section 2 – Bid Requirements

Section 3 – Evaluation & Award

Section 4 – Administrative Requirements

Section 5 – Bid Forms Form 5.1. Bidder Information Form Form 5.2. Pricing Form Form 5.3. Conflict of Interest Questionnaire, if applicable Form 5.4. Local Preference Declaration, if applicable Form 5.5. Federal Vendor Certification Form

Section 6 – Attachments Attachment 6.1. Purchase Agreement

Bid #34-01-27 Hot Crack Sealant 3

BID TIMELINE

Date Event

May 29, 2026 Release of Bid

June 16, 2026 12:00 p.m.

Deadline for Questions related to ITB

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

June 23, 2026 10:00 a.m.

Bids Due

Submit bids:

1. Within the Euna Procurement online bidding portal at:

https://templetx.bonfirehub.com

OR

2. Sealed paper copies to:

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

Virtual Public Opening

Immediately following time due. Click here for Microsoft Teams Meeting. For audio participation only, call (979) 307-6962, Conference ID: 568 730 879#

October 2026 Anticipated Award

The City will make every effort to adhere to the schedule above. However, the City reserves the right, at its sole discretion, to adjust the Bid Timeline as deemed necessary.

mailto:purchasing@templetx.gov.

https://teams.microsoft.com/meet/268479541881138?p=wkf7YXkcsSuusFaik4

Bid #34-01-27 Hot Crack Sealant 4

SECTION 1 – SCOPE OF WORK

1.1. SUMMARY

a. The intent of this Invitation to Bid (ITB) is to establish an annual agreement for the purchase and delivery of hot crack sealant required by the City of Temple (City) Streets Department.

b. It is the City’s intent to award this bid in its entirety to the lowest responsive and responsible bidder.

c. The estimated annual value of this agreement is $45,000.

1.2. AGREEMENT TERM

a. The initial term of the agreement will commence on October 1, 2026, and continue through September 30, 2028, unless earlier terminated in accordance with the terms of the resulting agreement. The vendor shall guarantee that all pricing submitted in response to this solicitation shall remain firm for the duration of the initial agreement term.

b. The City reserves the right to extend the agreement for up to three (3) additional one-year periods, subject to the mutual written agreement of the City, the vendor, and satisfactory vendor performance.

c. Any request by the vendor to modify pricing, terms, or conditions of the agreement for a renewal period must be submitted to the City in writing no less than sixty (60) calendar days prior to the expiration of the then-current agreement term.

1.3. SPECIFICATIONS

a. Hot crack sealant shall be Crafco PolyFlex, Type 3 or an approved equal. The City maintains sole right to determine equality of substituted brands.

b. The awarded vendor shall deliver items ordered within 7 calendar days after receipt of order.

c. Bidder’s stated prices below shall include delivery to 3210 E Avenue H, Building C, Temple, TX 76501. All fees associated with delivery shall be included in the bid price.

No additional charges will be allowed.

d. In cases where the City needs hot crack sealant immediately, or in a time frame that the awarded vendor cannot meet, the City reserves the right to purchase product from another vendor.

Bid #34-01-27 Hot Crack Sealant 5

1.4. VENDOR QUALIFICATIONS

a. Vendor shall have demonstrated experience in soliciting hot crack sealant of similar type and volume.

b. Vendor shall maintain sufficient equipment, personnel, and administrative capacity to meet delivery frequency requirements.

c. The City reserves the right to request references, proof of experience, or additional documentation to verify qualifications.

1.5. QUANTITIES

The City does not guarantee a minimum spend value or know how frequently products will be required during the life of this agreement. Product will be purchased on an as-needed basis.

1.6. PRICING

a. Bid prices shall be extended to a maximum of two decimal places only.

b. Prices shall remain firm for the entire length of the contract period. No increases to prices will be allowed during the contract period.

c. All prices quoted shall be all-inclusive including all labor costs, insurance, overhead, profit, travel time, mileage, and be exclusive of taxes. No additional charges will be allowed.

d. The Unit Price as recorded by the bidder on the Pricing Sheet shall prevail. If the Total Price recorded by the bidder does not recalculate accurately using the Unit Price, the Total Price column will be revised to determine the official bid tabulation.

1.7. INVOICES

a. Invoices shall be submitted to invoice@templetx.gov. If the awarded vendor is unable to email invoices, invoices shall be mailed to the City of Temple Purchasing Department at 3210 East Avenue H, Building C, Temple, Texas 76501.

b. Invoices shall be itemized and contain detailed description, quantities, unit price, and purchase order number (if applicable).

c. Line‑item pricing shall be consistent with the awarded vendor’s pricing schedule.

Invoices shall be prepared so that all pricing is fully verifiable and auditable against the agreement.

d. The City will not allow credit card processing fees to be added when a City procurement card (P-Card) is used for payment.

e. Payment terms are Net 30 upon receipt of a complete and accurate invoice. It is the awarded vendor’s responsibility to ensure invoices meet all requirements to avoid delays in payment.

mailto:invoice@templetx.gov

Bid #34-01-27 Hot Crack Sealant 6

1.8. FEDERAL GRANT CERTIFICATION

a. Bidders shall complete the Federal Grant Certification Form indicating their ability to comply with federal procurement requirements when grant funding is used.

b. When Federal funds are to be utilized for a project, the City will inform the awarded vendor and Davis-Bacon wage requirements will apply.

1.9. TERMINATION OF DEFAULT

The City reserves the right to enforce the performance of this purchase agreement in any manner prescribed by law or deemed to be in the best interest of the City in the event of breach or default of this agreement. The City reserves the right to terminate the agreement immediately in the event the awarded vendor fails to meet schedules or fails to otherwise perform in accordance with the specifications outlined in this Invitation to Bid.

Bid #34-01-27 Hot Crack Sealant 7

SECTION 2 – BID REQUIREMENTS

2.1. INFORMATION REQUESTED FROM BIDDERS

a. Each bid must contain all required items and shall be submitted in the same order as listed below. Incomplete bids may be rejected during review by the evaluation committee.

b. All bid materials may be incorporated in a subsequent contract between the City and awarded bidder.

c. Any material that the Bidder wishes to be considered confidential in nature shall be clearly marked as such, and if such materials are requested pursuant to the Texas Public Information Act, Chapter 552, Texas Government Code, the City will notify the Bidder of such request to allow the Bidder to write to the Texas Attorney General requesting that such information be excepted from disclosure.

d. Bid submittals shall include the following City-provided forms:

1. Form 5.1. Bidder Information Form

2. Form 5.2. Pricing Form

3. Form 5.3. Conflict of Interest Questionnaire, if applicable

4. Form 5.4. Local Preference Declaration, if applicable

5. Form 5.5. Federal Vendor Certification Form

2.2. ELECTRONIC SUBMISSION

a. Access the Euna Procurement e-procurement 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.

b. Bidders can contact Euna Procurement at Support@GoBonfire.com for technical questions related to the Euna Procurement portal or visit Euna Procurement’s help forum at support.procurement@eunasolutions.com. Bid submissions shall be prepared in the file formats listed under ‘Requested Information’ for this opportunity in Euna Procurement.

c. Bid submissions may be amended by the Bidder directly in Euna Procurement, but only before the submission deadline.

d. 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 submittals 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.

mailto:Support@GoBonfire.com mailto:support.procurement@eunasolutions.com

Bid #34-01-27 Hot Crack Sealant 8

2.3. PAPER SUBMISSION

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

b. The Bidder shall sign and date the bid where provided within the ITB. 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.

c. 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.

2.4. SUBMISSION INSTRUCTIONS

a. 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 bid due date and time will result in disqualification of the bid.

b. Bids will be received and publicly acknowledged in the Purchasing Department immediately following time due. Respondents, their representatives, and interested persons may participate in the bid opening using Microsoft Teams. See the Bid Timeline for a video link or dial-in phone number.

c. The bids will be opened, and the names of the respondents and pricing will be read aloud. All bids will be open for public inspection after the contract is awarded, except for trade secrets and confidential information contained in bids and identified by bidders as such.

2.5. REQUESTS FOR ADDITIONAL INFORMATION

a. Requests for additional information shall be in writing and submitted through the Euna

Procurement 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.

b. Any interpretations, corrections or changes to this ITB will be made by addenda. All written/published addenda shall become part of this ITB 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 portal in the ‘Files’ section. It is the sole responsibility of the Bidder to verify issuance of addenda and to ensure receipt thereof.

mailto:purchasing@templetx.gov.

Bid #34-01-27 Hot Crack Sealant 9

SECTION 3 – EVALUATION & AWARD

3.1. ELIGIBILITY FOR AWARD

a. Responsive Bid

Bids shall be deemed responsive if they comply with all material and administrative aspects of this solicitation.

b. Responsible Vendor A responsible vendor is a vendor who has adequate financial resources (or the ability to obtain such resources), can comply with the delivery requirements, and is a qualified and established firm regularly engaged in the type of business that provides the services listed herein.

Responsible bidders must, at a minimum, meet the following requirements:

• Have adequate financial resources, or the ability to obtain such resources as required during the performance of any resulting contract prior to the beginning of work;

• Be able to comply with the required performance schedule, taking into consideration all existing business commitments;

• Have a satisfactory record, as determined by the City, of past performance;

• Have necessary personnel, management, and technical capacity and capability to perform any resulting contract requirements;

• Be qualified as an established firm that is regularly engaged in the type of business necessary to fulfill the contract requirements;

• In accordance with all applicable industry standards, hold any necessary license, certification, or permit required for conducting the business of the vendor and as contemplated by this ITB;

• Have experience in competently performing similar contracts to those contemplated by this bid;

• Certify that the firm is not delinquent in any tax owed the State of Texas under Chapter 171, Tax Code; and is not delinquent in taxes owed to the City; signing and submitting the bid is so certifying to such non-delinquency; and

• Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

c. A firm is not eligible to be considered for award of this solicitation, or any resulting contract, or to be a subcontractor of the bidder or prime contractor if an employee of the firm assisted in the development of this solicitation or any part of this solicitation or if the person participated in a project related to this solicitation when such participation would give the person special knowledge that would give that firm an unfair advantage over other bidders.

d. As required by §2252.903, Government Code, Bidder certifies that its Texas franchise tax payments are current, or that it is exempt from, or not subject to, such tax.

Bid #34-01-27 Hot Crack Sealant 10

3.2. AWARD SELECTION

a. In accordance with Texas Government Code §252.043, this bid may be awarded to the lowest responsible bidder or to the bidder who provides goods or services at the best value for the City. Criteria to consider in determining best value, the City may consider:

(1) purchase price;

(2) reputation of bidder and bidder’s goods or services;

(3) quality of bidder’s goods or services;

(4) extent to which the goods or services meet the City’s needs;

(5) bidder’s past relationship with the City;

(6) impact on the ability of the City to comply with laws and rules related to contracting with historically underutilized businesses (HUBs) and nonprofit organizations employing persons with disabilities;

(7) total long-term cost to the City to acquire the bidder’s goods or services; and

(8) any relevant criteria specifically listed in the request for bids or proposals.

b. The City reserves the right to reject any and all bids submitted and to waive any informalities in bids received. The City also reserves the right to request additional information from Bidders.

c. The City shall not be liable to any Bidder for costs associated with responding to this ITB, for the Bidder’s participation in any oral interview, or any costs associated with negotiations.

d. In accordance with Texas Local Government Code, Section 252.003 and Texas

Health & Safety Code, Section 361.426, the City shall give preference in purchasing products made of recycled materials if the products meet applicable specifications as to quantity and quality and the average price of the product is not more than 10% greater than the price of comparable nonrecycled products. Preferences will be applied in accordance with state procurement statutes and rules.

Bid #34-01-27 Hot Crack Sealant 11

SECTION 4 – ADMINISTRATIVE REQUIREMENTS

4.1. SUBMISSIONS

a. The City reserves the right to reject any or all bids as it shall deem to be in the best interests of the City. Receipt of any bid shall under no circumstances obligate the City to accept the lowest dollar bid.

b. The City reserves the right to select one or more bidders and/or award one or more contracts based on the best value, as determined by the City, of the overall response(s) submitted to the City, with due consideration given to demonstrated competence, knowledge, and qualifications to perform the services and/or provide the products set forth in this ITB, and the reasonableness of the proposed fee. The decision to make multiple awards, award only one contract, or to make no award rests solely with the City. The City further reserves the right to negotiate separately in any manner necessary to serve the best interests of the City. The City further reserves the right to accept, reject, or negotiate modifications in any terms of a bidder’s bid, including a bidder’s form contract, or any parts thereof.

c. Bids cannot be altered or amended after submission deadline. Any interlineation, alteration or erasure made before opening by the City must be initialed by the signer of the bid, guaranteeing authenticity.

d. A bid may not be withdrawn or canceled by the Bidder without the permission of the

City for a period of ninety (90) days following the date designated for the receipt of bids, and Bidder so agrees upon submission of bid.

e. All bids meeting the intent of this ITB will be considered for award. Bidders taking exception to the specifications, terms and conditions, sample contract document, or offering substitutions shall state these exceptions by attachment as part of the bid.

The absence of such a list shall indicate that the Bidder has not taken exceptions and the City shall hold the Bidder responsible to perform in strict accordance with the terms of this ITB. The City reserves the right to accept any, all, or none of the exception(s)/substitution(s) deemed to be in the best interest of the City.

f. Bids must comply with all applicable federal, state, county, and local laws concerning these types of services.

g. The apparent silence of these specifications as to any detail or to the apparent omission of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement.

h. The City is exempt by law from payment of Texas Sales Tax and Federal Excise

Tax.

Bid #34-01-27 Hot Crack Sealant 12

4.2. CONFLICT OF INTEREST

a. Texas Local Government Code, Section 176.006, requires a vendor of the City to file a completed Conflict of Interest Questionnaire (CIQ) form if the vendor has a business relationship with the City and:

1. has an employment or other business relationship with a City local government officer or a family member of the City 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;

2. has given a City 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

3. has a family relationship with a City local government officer.

b. A vendor is required to file a CIQ form with the City Secretary’s office not later than the seventh (7th) business day after the later of the following:

1. the date the vendor begins discussions or negotiations to enter into a contract with the City or submits an application or response to a solicitation; or

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

c. “Local Government Officer” means:

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

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

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

d. State law requires that a vendor file an updated CIQ form 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.

e. The CIQ form is attached to this ITB and can be downloaded from the City‘s website www.templetx.gov under the Departments tab then Purchasing/Bids/Conflict of Interest Form. Compliance with this law is the responsibility of each Bidder.

4.3. DISCLOSURE 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.templetx.gov/ http://www.ethics.state.tx.us/filinginfo/1295/

Bid #34-01-27 Hot Crack Sealant 13

4.4. APPROPRIATED FUNDS

The purchase of services or products, arising from this solicitation is contingent upon the availability of appropriated funds. The City shall have the right to cancel the resulting contract or any part of the contract at the end of each fiscal year during the term of the contract if funds are not allocated to continue the contract, or any part of the contract, for the next fiscal year. If funds are withdrawn, or do not become available, the City reserves the right to cancel the contract by giving the contractor a thirty (30) day written notice of its intention to cancel without penalty. Upon cancellation of the contract, the City shall not be responsible for any payment of any service that was performed, or product received, after the effective date of termination. The City’s fiscal year begins on October 1 and ends on September 30.

4.5. INDEMNITY

The City is legally prohibited from indemnifying any other party in any agreement awarded under this ITB. The resulting contract, if any, shall contain no provision requiring the City to indemnify the bidder or any third party.

4.6. COMPLIANCE WITH ANTITRUST LAWS

In accordance with Texas Government Code §2155.005, by submitting a bid, Bidder affirms under penalty of perjury of the laws of the State of Texas that:

a. I am duly authorized to execute a contract resulting from this solicitation on my own behalf or on behalf of the company, corporation, firm, partnership or individual bidder;

b. In connection with this bid, neither I nor any representatives of the company have violated any provision of the Texas Antitrust laws codified in Texas Business and Commerce Code Chapter 15;

c. In connection with this bid, neither I nor any representative of the company have violated any federal antitrust law; and

d. Neither I nor any representatives of the company have directly or indirectly communicated any of the contents of this bid to a competitor of the company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the company.

4.7. INTERLOCAL PURCHASING

The City desires to make available to other local government entities of the State of Texas, by mutual agreement with the successful bidder, properly authorized interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same goods, at the prices quoted, for the period of this contract. Bidder shall agree to honor interlocal purchasing orders in accordance with agreement terms and conditions, in addition to orders from the City of Temple. Bidders that will not honor interlocal purchasing agreements must state interlocal agreements as an exception on the Bidder Information Form. The absence of this exception on the Bidder Information Form shall indicate that the bidder agrees to honor any interlocal purchasing agreements.

Bid #34-01-27 Hot Crack Sealant 14

SECTION 5 – BID FORMS

Bid #34-01-27 Hot Crack Sealant 15

FORM 5.1. - 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 purchase agreement is financially responsible. The City may run a credit check on the potential vendor before award of the agreement. 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.

4. Authorized Personnel State your firm’s personnel authorized enter into an agreement, if any, resulting from your bid:

Name Phone Number Email Address

Bid #34-01-27 Hot Crack Sealant 16

5. Agreement

The successful bidder shall be able to execute the attached purchase agreement and be able to comply with the insurance requirements as stated within the agreement.

Please confirm your ability to execute this contract.

____________ (initial to confirm)

6. References If your company has not provided like-kind products/services to the City in the last three

(3) years, please provide three (3) customer references:

Entity Name Contact Person Phone # Email

7. Exceptions Taken by Bidder State exceptions taken to any terms of this bid, if any.

8. Authorization Authorized Signature: ___________________________________________________

Print Name: ___________________________________________________________

Title: __________________________________ Date: _______________________

Email Address: ________________________________________________________

Bid #34-01-27 Hot Crack Sealant 17

FORM 5.2. - PRICING FORM

Paper Bid Response Complete and submit this Pricing Form if submitting a paper bid response.

Online Digital Bid Response Submit pricing within the Euna Procurement portal if submitting a digital bid response.

This Pricing Form is not required.

Description Est Annual Qty UOM Unit Price Est Annual

Price Bid price per 30 lb box for the purchase and delivery of Crafco PolyFlex, Type 3 hot crack sealant (or substitute requested) as specified herein

2,500 30-lb box $ $

Vendors requesting approval of a substitute (approved equal) shall submit as a separate attachment complete supporting documentation, including technical data sheets, safety documentation, comparison to specified product, manufacturer information, and sufficient evidence demonstrating that the substitute meets or exceeds all performance requirements.

Phone number for order placement: _______________________________________

Email address for order placement: _______________________________________

Bid #34-01-27 Hot Crack Sealant 18

FORM 5.3. - CONFLICT OF INTEREST QUESTIONNAIRE

See Section 4.2. Conflict of Interest, for information regarding when it is necessary to complete and submit this form.

Bid #34-01-27 Hot Crack Sealant 19

Bid #34-01-27 Hot Crack Sealant 20

Bid #34-01-27 Hot Crack Sealant 21

FORM 5.4. – LOCAL PREFERENCE DECLARATION

Texas Local Government Code §§ 271.905 and 271.9051 allow the City of Temple to consider a bidder’s principal place of business when evaluating competitive bids for real property, personal property, goods, or services. To qualify as a local bidder, the bidder’s principal place of business must be located within the city limits of Temple, Texas.

1) 3% Local Preference: Applies to all purchases of real or personal property. City Council may award a local bidder if the bid is within 3% of the lowest non-local bid.

2) 5% Local Preference: Applies to purchases of construction services under $100,000 and all other goods or services under $500,000. City Council may award a local bidder if the bid is within 5% of the lowest non-local bid.

Complete and submit this form with the bid response to declare your firm’s eligibility as a local bidder and describe potential economic development impacts that may be considered during evaluation.

Bidder Name: _____________________________________

Principal Place of Business (Physical Address):

Street: __________________________ City: ____________ State: ______ Zip: ___________

Mailing Address (if different):

Street: __________________________ City: ____________ State: ______ Zip: ___________

Contact Person: _____________________________ Phone: __________________________

Email: _____________________________________

Local preference laws require that the City consider economic benefits to the community.

Provide a brief explanation describing how awarding this contract to your business will provide economic value to the City of Temple:

By signing below, I certify that:

1. The information provided in this form is true and correct.

2. I understand that completing this form does not guarantee application of local preference or award of a contract.

3. I understand that the City may request additional documentation to verify eligibility.

4. I acknowledge that the City will apply local preference only as permitted by law and when in the best interest of the City of Temple.

Authorized Representative Name: ________________________________________

Title: _______________________________________

Signature: ___________________________________ Date: ___________________

Bid #34-01-27 Hot Crack Sealant 22

FORM 5.5. – FEDERAL VENDOR CERTIFICATION FORM

For each of the items below, Vendor shall certify Vendor’s agreement and ability to comply, where applicable, by having Vendor’s authorized representative initial the applicable term and condition.

NON-COLLUSION CERTIFICATION

The vendor certifies that the submission to this solicitation has been independently arrived at without collusion with any other vendor or with any other competitor; has not knowingly disclosed and will not be knowingly disclosed, to any other vendor or competitor or potential competitor, prior to the opening of submission for this project; no attempt has been or will be made to induce any other person, partnership or corporation to submit or not submit a submission to this solicitation. The undersigned certifies that he/she is fully informed regarding the accuracy of the statements contained in this certification and that the penalties herein are applicable to the vendor as well as to any other person signing in their behalf.

Initials of Authorized Vendor Representative

CERTIFICATION OF COMPLIANCE WITH TEXAS FAMILY CODE PROVISION

As required by Texas Family Code §231.006 as amended by Section 82 of H.B. 433, 74th Legislature, R.S. (Acts 1995, 74th Leg., R.S., Ch. 751), all vendors must complete and submit with the solicitation response the following affidavit:

I, the undersigned vendor, do hereby acknowledge that a child support obligor who is more than 30 days delinquent in paying child support and a business entity in which such a person is the sole proprietor, partner, shareholder, or owner with an ownership interest of at least 25% is not eligible to receive payments from state funds under a contract to provide property, materials, or services.

I further acknowledge that a child support obligor or business entity ineligible to receive payments described above shall continue to be ineligible until: 1) all arrearages have been paid;

2) the obligor is in compliance with a written repayment agreement or court order as to any existing delinquency; or 3) the court of continuing jurisdiction over the child support order has granted the obligor an exemption.

In accordance with Texas Family Code §231.006, the names and social security numbers of the individual identified in the quote, bid, proposal or application or the sole proprietor and each partner, shareholder, or owner with a minimum 25% ownership interest in the business entity identified therein are provided below:

Name Social Security Number Name Social Security Number

Pursuant to Texas Family Code §231.006, the vendor hereby certifies that the individual or business entity named in this contract, bid, or application, is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated, and payment may be withheld if this certification is inaccurate.

______ Initials of Authorized Vendor Representative

Bid #34-01-27 Hot Crack Sealant 23

CERTAIN DEBTS OR DELINQUENCIES CERTIFICATION

As required by Texas Government Code §2252.903 Contracting with Persons who have Certain Debts or Delinquencies, vendor’s authorized agent certifies that it is not currently delinquent in payment of any student loan, child support obligation, or tax, to include franchise taxes owed the State of Texas under Chapter 171, Tax Code, or that it is exempt from, or not subject to, such tax.

Please indicate your status:

_____ The corporation or person is neither in debt nor delinquent in payment of any of the above and is exempt from payment of franchise taxes or is an out-of-state corporation not subject to franchise tax; therefore, I am submitting a certified statement to that effect.

_____ The corporation or person is subject to Texas franchise tax and is neither in debt nor delinquent in payment of any of the above. I hereby certify that there is no delinquent Texas franchise tax pending against the corporation or person.

_____ I hereby certify that there is delinquent Texas franchise tax pending against the corporation or person.

_____ I hereby certify that the corporation or person is in debt or delinquent in payment of either a student loan, child support, or tax obligation owed to this state (other than Texas franchise tax).

COMPLIANCE WITH ANTITRUST LAWS (TEXAS GOVERNMENT CODE §2155.005)

a. I affirm under penalty of perjury of the laws of the State of Texas that:

b. I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below;

c. In connection with this solicitation, neither I nor any representatives of the Company have violated any provision of the Texas Free Enterprise and Antitrust Act, laws codified in Texas Business & Commerce Code Chapter 15;

d. In connection with this solicitation, neither I nor any representative of the Company have violated any federal antitrust law; and

e. Neither I nor any representatives of the Company have directly or indirectly communicated any of the contents of this solicitation to a competitor of the Company or any other company, corporation, firm, partnership, or individual engaged in the same line of business as the Company.

CERTIFICATION REGARDING BOYCOTTING ISRAEL

If (a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees;

and (c) this Agreement has a value of $100,000 or more, the following certification shall apply;

otherwise, this certification is not required. Pursuant Texas Government Code, Chapter 2271, Vendor hereby certifies and verifies that neither the Vendor, nor any affiliate, subsidiary, or parent company of the Vendor, if any (the “Vendor Companies”), boycotts Israel, and the Vendor agrees that the Vendor and Vendor Companies will not boycott Israel during the term of this Agreement. For purposes of this Agreement, the term “boycott” shall mean and include refusing to deal with, terminating business activities with, or otherwise taking any action that is

Bid #34-01-27 Hot Crack Sealant 24 intended to penalize, inflict economic harm on, or limit commercial relations with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes.

CERTIFICATION REGARDING TERRORIST ORGANIZATIONS

Vendor hereby certifies it is not a company identified on the Texas Comptroller’s list of companies known to have contracts with, or provide supplies or services to, a foreign organization designated as a Foreign Terrorist Organization by the U.S. Secretary of State.

CERTIFICATION REGARDING CONTRACTING INFORMATION

If Vendor is not a governmental body and (a) this Agreement has a stated expenditure of at least $1 million in public funds for the purchase of goods or services by the City; or (b) this Agreement results in the expenditure of at least $1 million in public funds for the purchase of goods or services by the City in a fiscal year of the City, the following certification shall apply;

otherwise, this certification is not required. As required by Texas Government Code §552.374(b), the following statement is included in the solicitation and the Agreement (unless the Agreement is (1) related to the purchase or underwriting of a public security; (2) is or may be used as collateral on a loan; or (3) proceeds from which are used to pay debt service of a public security of loan): “The requirements of Subchapter J, Chapter 552, Government Code, may apply to this solicitation and Agreement and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter.” Pursuant to Subchapter J, Chapter 552, Texas Government Code, the Vendor hereby certifies and agrees to (1) preserve all contracting information related to this Agreement as provided by the records retention requirements applicable to the City for the duration of the Agreement; (2) promptly provide to the City any contracting information related to the Agreement that is in the custody or possession of the Vendor on request of the City; and (3) on completion of the Agreement, either (a) provide at no cost to the City all contracting information related to the Agreement that is in the custody or possession of Vendor, or (b) preserve the contracting information related to the Agreement as provided by the records retention requirements applicable to the City.

CERTIFICATION REGARDING BOYCOTTING CERTAIN ENERGY COMPANIES

If (a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees;

and (c) this Agreement has a value of $100,000 or more that is to be paid wholly or partly from public funds, the following certification shall apply; otherwise, this certification is not required.

Pursuant to Texas Government Code, Chapter 2274 of SB 13 (87th session), Vendor hereby certifies and verifies that Vendor, or any wholly owned subsidiary, majority owned subsidiary, parent company, or affiliate of these entities or business associations, if any, does not boycott energy companies and will not boycott energy companies during the term of the Agreement. For purposes of this Agreement, the term “company” shall mean an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, that exists to make a profit. The term “boycott energy company” shall mean “without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company (a) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and

Bid #34-01-27 Hot Crack Sealant 25 state law, or (b) does business with a company described by paragraph (a).” See Texas Government Code §809.001(1).

CERTIFICATION PROHIBITING DISCRIMINATION AGAINST

FIREARM AND AMMUNITION INDUSTRIES

If (a) Vendor is not a sole proprietorship; (b) Vendor has at least ten (10) full-time employees;

(c) this Agreement has a value of at least $100,000 that is paid wholly or partly from public funds; (d) the Agreement is not excepted under Texas Government Code § 2274.003 of SB 19 (87th leg.); and (e) the City has determined that Vendor is not a sole source provider or the City has not received any bids from a company that is able to provide this written verification, the following certification shall apply; otherwise, this certification is not required. Pursuant to Texas Government Code Ch. 2274 of SB 19 (87th session), Vendor hereby certifies and verifies that Vendor, or association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary parent company, or affiliate of these entities or associations, that exists to make a profit, does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of this contract against a firearm entity or firearm trade association. For purposes of this Agreement, “discriminate against a firearm entity or firearm trade association” shall mean, with respect to the entity or association, to: “(1) refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association;

(2) refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or (3) terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association. See Texas Government Code § 2274.001(3) of SB 19.

“Discrimination against a firearm entity or firearm trade association” does not include: “(1) the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories; and (2) a company’s refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency, or for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity’s or association’s status as a firearm entity or firearm trade association.” See Texas Government Code § 2274.001(3) of SB 19.

CERTIFICATION REGARDING CERTAIN FOREIGN-OWNED COMPANIES IN

CONNECTION WITH CRITICAL INFRASTRUCTURE

The City is prohibited from entering into a contract or other agreement relating to critical infrastructure that would grant to Vendor direct or remote access to or control of critical infrastructure in this state, excluding access specifically allowed by the City for product warranty and support purposes. Vendor certifies that neither it nor its parent company nor any affiliate of Vendor or its parent company, is (1) owned by or the majority of stock or other ownership interest of the company is held or controlled by individuals who are citizens of China, Iran, North Korea, Russia, or a designated country; (2) a company or other entity, including governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a designated country; or (3) headquartered in China, Iran, North Korea, Russia, or a designated country. For purposes of this Agreement, “critical infrastructure” means “a communication infrastructure system, cybersecurity system, electric grid, hazardous waste treatment system, or water treatment facility.” See Texas Government

Bid #34-01-27 Hot Crack Sealant 26

Code § 2274.0101(2) of SB 1226 (87th leg.). Vendor verifies and certifies that Vendor will not grant direct or remote access to or control of critical infrastructure, except for product warranty and support purposes, to prohibited individuals, companies, or entities, including governmental entities, owned, controlled, or headquartered in China, Iran, North Korea, Russia, or a designated country, as determined by the Governor.

REQUIRED CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS

UNDER FEDERAL AWARDS, APPENDIX II TO 2 CFR PART 200

The following provisions are required and apply when federal funds are expended by the City for any contract resulting from this procurement process. In the event of a conflict or inconsistency between the following terms and conditions and any provision of any contract, agreement, or Purchase Order (PO), the following terms and conditions shall control. Accordingly, the parties agree that the following terms and conditions apply to the Contract/PO between the City and Vendor in all situations where Vendor has been paid or will be paid with federal funds:

a. Vendor Violation or Breach of Contract Terms for Contracts Exceeding Simplified

Acquisition Threshold Contracts for more than the Simplified Acquisition Threshold (2 CFR §200.320) which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. The City reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.

b. Termination for Cause or Convenience for Contracts Exceeding $10,000 The City reserves the right to immediately terminate any agreement in excess of $10,000 resulting from the procurement process in the event of a breach or default of the agreement by Vendor, in the event Vendor fails to: 1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order; 2) make any payments owed; 3) otherwise perform in accordance with the contract and/or procurement solicitation; or 4) to the greatest extent authorized by law, if an award no longer effectuates the program goals or priorities of the Federal awarded agency or the City. The City also reserves the right to terminate the contract immediately, for convenience, if the City believes, in its sole discretion, that it is in the best interest of the City to do so. The vendor will be compensated for work performed and accepted and goods accepted by the City as of the termination date if the contract is terminated for convenience of the City. If the City terminates the contract for any reason, written notice of termination will be provided to Vendor. Any award under this procurement process is not exclusive and the City reserves the right to purchase goods and services from other vendors when it is in the best interest of the City.

Bid #34-01-27 Hot Crack Sealant 27

c. Equal Employment Opportunity Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

When federal funds are expended by the City on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein.

d. Davis-Bacon Act as amended (40 U.S.C. 3141-3148) When required by Federal program legislation, all prime construction contracts in excess of $2,000, Vendor shall comply with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, Vendor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, Vendor shall pay wages not less than once a week.

The City must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. Vendor agrees that for any purchase to which this requirement applies, the award is conditioned upon Vendor’s acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

Vendor further agrees that it shall comply with the Copeland “Anti-Kickback” Act (40 U.S.C.

3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the…