Brennaaleen_Cedar_Detention_Pond_Project_-_Phase_III.pdf

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Attached to
CITY ATTORNEY SERVICES
Solicitation number
2026-02
Issued by
Hidalgo County, Texas

About this file

Request for Bids Summary

This is a Request for Bids (RFB) document from the City of Edinburg, Texas, for the Brennaaleen Cedar Detention Pond Project - Phase III, a drainage infrastructure project. The project will provide relief to the Cedar Heights and Greenbriar Subdivisions through reclaiming paving and installing new stormwater lines, inlets, and manholes along Cedar Drive. The drainage work includes line items for mobilization, traffic control, three manholes, various inlet types, 774 linear feet of 24-inch reinforced concrete pipe (RCP) Class III, 383 linear feet of 18-inch RCP Class III, RCP removal (29 linear feet), trench protection (343 linear feet), stabilized backfill (247 cubic yards), and related drainage infrastructure. The roadway component includes cut and restore work (460 square yards) and curb and gutter removal (102 linear feet). The pre-proposal meeting is scheduled for December 15, 2025, at 11:00 am (non-mandatory). Questions must be submitted by December 17, 2025, at 5:00 pm. Sealed bids are due December 23, 2025, at 3:00 pm, with bid opening occurring immediately thereafter at City Hall. The contract will be awarded to a single bidder selected as most advantageous to the City, with the project's substantial completion expected within 90 calendar days.

The project is funded through the U.S. Department of Housing and Urban Development Community Development Block Grant (CDBG) program, making it subject to federal regulations including Davis-Bacon prevailing wage requirements, Build America Buy America (BABA) provisions, Equal Employment Opportunity requirements, and applicable federal labor standards. Bidders must be registered and active in the System for Awards Management (SAM) database at bid opening and must submit their Unique Entity Identification (UEI) number. A bid guarantee of 5 percent of the bid price is required, along with performance and payment bonds equal to 100 percent of the contract price. Insurance requirements include workers' compensation (statutory coverage), comprehensive general liability ($250,000/$500,000), and comprehensive auto liability ($100,000/$500,000). The applicable prevailing wage decision is TX20250003 (modified September 19, 2025). Bidders must comply with all applicable City standards and the TxDOT 2024 Standard Specifications, with the most stringent standards governing in case of discrepancies. No incumbent vendor is specified. Extensive CDBG compliance documentation is required, including certifications regarding debarment, conflict of interest, equal employment opportunity, clean air and water compliance, non-lobbying activities, non-collusion, and minority/women-owned business enterprise participation.

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CITY_ATTORNEY_SERVICES.pdf PDF
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Brennaaleen_Cedar_Detention_Pond_Project_-_Phase_III_(Addendum_#1_Revision).pdf PDF
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General_Conditions.pdf PDF
General_Conditions.pdf PDF
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Text version

REQUEST FOR BIDS

2026-02

BRENNAALEEN CEDAR DETENTION POND PROJECT - PHASE III

City of Edinburg

415 W. University Drive

Edinburg, TX 78541

RELEASE DATE: December 3, 2025

DEADLINE FOR QUESTIONS: December 17, 2025

RESPONSE DEADLINE: December 23, 2025, 3:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/cityofedinburg https://secure.procurenow.com/portal/%7bproject.government.code%7d

City of Edinburg

REQUEST FOR BIDS

Brennaaleen Cedar Detention Pond Project - Phase III

I. Introduction II. Legal Notice

III. Instructions, Terms and Conditions IV. Specifications V. Vendor Questionnaire

VI. Pricing Proposal

Attachments:

A - Supplementary Conditions

B - Specifications

C - General Conditions

D - Geotechnical Engineering Report

E - Brennaaleen Cedar Drainage Improvements Plans

F - Sample Agreement

G - Rules_for_Electronic_Bidding__(5)

Request for Bids #2026-02 Title: Brennaaleen Cedar Detention Pond Project - Phase III

1. Introduction

1.1. Summary

This drainage project will provide relief to the Cedar Heights and Greenbriar Subdivisions. This phase consists of reclaiming the paving and installation of new stormwater lines, inlets, and manholes along

Cedar Drive. The Project includes the addition of stormwater infrastructure to provide relief to the mentioned areas.

1.2. Contact Information

Project Contact:

Alicia Carmona

Assistant City Engineer

415 W University Dr

Edinburg, TX 78539

Email: acarmona@cityofedinburg.com

Phone: (956) 388-8211

Procurement Contact:

Lorena Fuentes

Finance Manager

415 W. University Drive

Edinburg, TX 78539

Email: lfuentes@cityofedinburg.com

Phone: (956) 388-8972

Department:

Engineering

Department Head:

Mardoqueo Hinojosa

Engineering Director

1.3. Timeline

Release Project Date December 3, 2025

Pre-Proposal Meeting (Non-Mandatory) December 15, 2025, 11:00am

City Hall - Engineering Conference Room, 415 W

University Dr, Edinburg, TX 78539.

Question Submission Deadline December 17, 2025, 5:00pm mailto:acarmona@cityofedinburg.com tel:(956)388-8211 mailto:lfuentes@cityofedinburg.com tel:(956)388-8972

Proposal Submission Deadline December 23, 2025, 3:00pm

2. Legal Notice

2.1. Notice to Bidders

The City of Edinburg is soliciting sealed bids for the Brennaaleen Cedar Detention Pond Project - Phase

III.

Sealed Bids must be submitted electronically or received by the City Secretary’s Office no later than:

3:00 pm, Tuesday, December 23, 2025.

All sealed Bids must be received either electronically or at the designated location by the deadline shown. Bids received after the deadline will not be considered for the award of the contract and shall be considered void and unacceptable.

All Bids will be opened, and bidder’s names publicly read aloud promptly in the City Hall Community

Room, at 415 W. University Dr., Edinburg, TX 78539, at 3:00 pm, Tuesday, December 23, 2025.

A Pre-Bid Meeting (Non-Mandatory) will be held in person or via Zoom on Monday, December 15th at

11 am at City Hall - Engineering Conference Room, 415 W University Dr, Edinburg, TX 78539.

https://cityofedinburg.zoom.us/j/83978218463?pwd=XZetrHSLqFD8quqnmqxmafj3Gi21ek.1

To obtain a copy of the Request for Bids or submit an electronic Bid please visit:

https://procurement.opengov.com/portal/cityofedinburg

If a Bidder chooses to submit a Hard Copy Bid, it must be delivered in a sealed envelope with a return address and clearly marked “City of Edinburg BID No. 2026-02" to the City Secretary's Office prior to the

BID opening date and time. The receiving time in the City Secretary's Office will be the governing time for acceptability of the bids. The Bidder's firm name shall appear on the outside of the envelope.

Submit Bids to:

If submitting Electronic: https://procurement.opengov.com/portal/cityofedinburg

If Hand-Delivering Bids: 415 W. University Drive c/o City Secretary Department (1st Floor)

BID No. 2026-02

If you have any questions or require additional information contained the Bid, you may contact Lorena

Fuentes, Interim Purchasing Manager, please submit your questions via OpenGov Procurement at the website listed above no later than 5:00 pm on Wednesday, December 17, 2025.

The City of Edinburg reserves the right to reject any or all bids and to waive informalities or technicalities and to accept the Bid deemed most advantageous to the City, and hold the Bid for a period of 90 days without taking action.

https://cityofedinburg.zoom.us/j/83978218463?pwd=XZetrHSLqFD8quqnmqxmafj3Gi21ek.1 https://procurement.opengov.com/portal/cityofedinburg https://procurement.opengov.com/portal/cityofedinburg

2.2. Federally Funded Project

This project is being funded through the U.S. Department of Housing and Urban Development, Community Development Block Grant (CDBG) Program. Bidder understands that the following federal regulations apply to this project: Title I of the Housing and Community Development Act of 1974, 2 CFR

Part 200 Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal

Awards, all applicable Federal Contract Provisions found at 2 CFR Part 200-Appendix II, including but not limited to Debarment, Suspension and Ineligibility, Conflict of Interest as described in 24 CFR Part

570.611(c), HUD Federal Labors Standards Provisions including the Davis-Bacon and Related Acts, Copeland Anti-Kickback Act and Contract Work Hours and Safety Standards Act, Equal Employment

Opportunity per Title VII of the Civil Rights Act of 1964, Clean Water, Clean Air, Executive Order 11738, Section 504 of the Rehabilitation Act of 1973, and Section 3 of the Housing and Urban Development Act of 1968 (if applicable).

The Bidder must agree to comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the infrastructure project. Pursuant to HUD’s Notice, “Public Interest Phase Implementation Waiver for FY

2022 and 2023 Build America, Buy America Provisions as Applied to Recipients of HUD Federal

Assistance” (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver.

Bidders must make an effort to utilize small and minority-owned businesses. Attention is particularly called to the conditions of employment and minimum wage rates that must paid under the contract.

The Department of Labor wage decision, TX20250003, release date 01/03/2025, modified 09/19/2025, is applicable to this project.

Bidders choosing to bid or provide proposals on Federally Funded projects must be currently

REGISTERED and ACTIVE in the System for Awards Management (SAM) database at the time a bid or proposal is opened. Bidders must submit the entity’s Unique Entity Identification (UEI) Number with the bid/proposal documents as instructed. Immediately after the bid opening takes place, the City will enter the respondent's UEI number into the SAM database. If the respondent is not in ACTIVE status on the database, the bid will be deemed non-responsive and disqualified from consideration of award.

Entity registration may be completed at www.sam.gov. All contractors and/or subcontractors who are debarred, suspended, or otherwise excluded from or ineligible for participation on federal assistance programs may not undertake any activity in part or in full under this project.

https://www.sam.gov/

3. Instructions, Terms and Conditions

3.1. General Instructions

PURPOSE

The purpose of these solicitation documents is to provide Bids for: Brennaaleen Cedar Detention Pond

Project - Phase III

INTENT

The services to be provided under this Request For Bid shall be in accordance with and shall meet all specifications and/or requirements as shown in this solicitation for RFP. There is no intention to disqualify any bidder who can meet the requirements.

SUBMITTAL OF "HARD COPY" BID

If submitting a Hard Copy Bid, it must be submitted in a sealed envelope by the vendor. Submit two (2) complete sets of the response, one (1) original marked “ORIGINAL,” and one (1) Digital Copy in a flash drive. Each Bid must be completely filled out and SUBMITTED IN ORIGINAL FORM complete with all supporting documentation. BIDs submitted by facsimile (fax) will not be accepted. Submittal of a Bid in response to this solicitation constitutes an offer by the bidder. Once submitted, BIDs become the property of the City of Edinburg and as such the City reserves the right to use any ideas contained in any

Bid regardless of whether that bidder/firm is selected. Submission of a Bid in response to this solicitation, by any bidder, shall indicate that the bidder(s) has/have accepted the conditions contained in the Bid, unless clearly and specifically noted in the Bid submitted and confirmed in the contract between the City and the successful bidder otherwise. Bids which do not comply with these requirements may be rejected at the option of the City. Bids must be filed with the City of Edinburg before the deadline day and hour. No late Bids will be accepted. Failure to meet BID requirements may be grounds for disqualification.

If Hand-Delivering Bids: 415 W. University Drive c/o City Secretary Department (1st Floor)

If submitting Electronic: https://procurement.opengov.com/portal/cityofedinburg

TIME ALLOWED FOR ACTION TAKEN

The City of Edinburg may hold BIDS 60 days after deadline without taking action. Bidders are required to hold their BIDs firm for same period of time.

RIGHT TO REJECT/AWARD

The City of Edinburg reserves the right to reject any or all BIDs, to waive any or all formalities or technicalities, and to make such awards of contract as may be deemed to be the best and most advantageous to the City of Edinburg.

ASSIGNMENT

https://procurement.opengov.com/governments/956100/portal/cityofedinburg

Bidders are advised that the City of Edinburg shall not allow the successful bidder to sell, assign, transfer, or convey any part of any contract resulting from this Request For Bid in whole or in part, to a third party without the written approval of the City of Edinburg.

AWARD

Bidders are advised that the City of Edinburg is soliciting BIDs and award shall be made to the bidder that in the opinion of the City of Edinburg is the best qualified.

The City of Edinburg reserves the right to award contract(s) based solely on the written bids. The City also reserves the right to request oral interviews.

NUMBER OF CONTRACTS

THE CITY reserves the right to award one or no contract in response to this BID.

STATUTORY REQUIREMENTS

It shall be the responsibility of the successful bidder to comply with all applicable State & Federal laws, Executive Orders and Municipal Ordinances, and the Rules and Regulations of all authorities having jurisdiction over the work to be performed hereunder and such shall apply to the contract throughout, and that they will be deemed to be included in the contract as though written out in full in the contract documents.

ALTERATIONS/AMENDMENTS TO BID

BIDs CANNOT be altered or amended after opening time. Alterations made before opening time must be initialed by bidder guaranteeing authenticity. No BID may be withdrawn after opening time without acceptable reason in writing and only after approval by the City of Edinburg.

NO RESPONSE TO BID

If unable to submit a BID, respondent should return inquiry giving reasons.

LIST OF EXCEPTIONS

The bidder shall attach to his/her BID a list of any exceptions to the specifications/ requirements.

PAYMENT

The City of Edinburg will execute payment by mail in accordance with the State of Texas Pay Law after PURCHASE/SERVICES have been completed, introduced to the City, and found to meet City of

Edinburg specifications/requirements. No other method of payment will be considered.

SYNONYM

Where in this solicitation package PURCHASE/SERVICES is used, its meaning shall refer to the request for

Brennaaleen Cedar Detention Pond Project - Phase III as specified.

BIDDER’S EMPLOYEES

Neither the Bidder nor his/her employees engaged in fulfilling the terms and conditions of this Service

Contract shall be considered employees of the City. The method and manner of performance of such undertakings shall be under the exclusive control of the vendor on contract. The City shall have the right of inspection of said undertakings at any time.

INDEMNIFICATION CLAUSE

The Bidder agrees to indemnify and save harmless the City, from all suits and actions of every nature and description brought against them or any of them, for or on account of the use of patented appliances, products or processes, and he shall pay all royalties and charges which are legal and equitable. Evidence of such payment or satisfaction shall be submitted upon request of the Purchasing

Manager, as a necessary requirement in connection with the final estimate for payment in which such patented appliance, products or processes are used.

INTERPRETATIONS

Any questions concerning the project and/or specifications/requirements with regards to this solicitation for Bids shall be directed to the e-procurement portal as outlined in the BID. Such interpretations, which may affect the eventual outcome of this request for Bids, shall be furnished in writing to all prospective Bidders via Addendum. No interpretation shall be considered binding unless provided in writing by the City of Edinburg in accordance with paragraph entitled “Addenda and

Modifications”.

VERBAL THREATS AND OFFICIAL CONTACT

Any threats made to any employee of the City, be it verbal or written, to discontinue the providing of item/material/services for whatever reason and/or reasons shall be considered a breach of contract and the City will immediately sever the contract with the Bidder/Respondent/Consultant on contract.

Bidders shall not offer gratuities, favors or any monetary value to any official or employee of the City for purpose of influencing the selection. Any attempt by any Bidder to influence the selection process by any means, other than disclosure of Bids and credentials through the proper channels, shall be grounds from exclusion from the selection process. Once the project is advertised, there shall be no contact with any city official or employee unless using the formal process through the Purchasing Department.

Failure to comply will result in the firm being disqualified from the process.

CONFIDENTIAL INFORMATION

Any information deemed to be confidential by the bidder should be clearly noted on the pages where confidential information is contained; however, the City cannot guarantee that it will not be compelled to disclose all or part of any public record under Texas Public Information Act, since information deemed to be confidential by the bidder may not be considered confidential under Texas Law, or pursuant to a

Court order.

PAST PERFORMANCE

Bidder’s past performance shall be taken into consideration in the evaluation of BID submittal.

JURISDICTION

Contract(s) executed as part of this solicitation shall be subject to and governed under the laws of the

State of Texas. Any and all obligations and payments are due and performable and payable in Hidalgo

County, Texas.

RIGHT TO AUDIT

The City of Edinburg reserves the right to audit the vendor’s books and records relating to the performance of this contract. The City of Edinburg, at its own expense, shall have the right at all reasonable times during normal business hours and upon at least twenty-four (24) hours’ advance notice, to audit, to examine, and to make copies of or extracts from the books of account and records maintained by the vendor(s) with respect to the Supply/Service and/or Purchase Contract. If such audit shall disclose overpayment by City to vendor, written notice of such overpayment shall be provided to the vendor and the amount of overpayment shall be promptly reimbursed by vendor to the City. In the event any such overpayment is not paid within ten (10) business days after receipt of such notice, the unpaid amount of such overpayment shall bear interest at the rate of one percent (1%) per month from the date of such notice until paid.

VENUE

The parties agree that venue for purposes of any and all lawsuits, cause of action, arbitration, and/or any other dispute(s) shall be in Hidalgo County, Texas.

CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS

The City may give local vendors, whose principal place of business is located within the City of Edinburg, and whose bid is within five percent (5%) of the lowest bid price preference as allowed by Section

271.9051 of the Local Government Code.

MATHEMATICAL ERRORS

In the event that mathematical errors exist in any bid unit prices/rates will govern.

CONFIDENTIALITY OF INFORMATION AND SECURITY

Should the successful bidder become the holder of and have access to confidential information in the process of fulfilling its responsibilities in connection with an awarded contract the successful bidder agrees that it shall keep such information confidential and will comply fully with the laws and regulations of the State of Texas, ordinances and regulations of the City, and any applicable federal laws and regulations relating to confidentiality.

TERMINATION OF CONTRACT

The City of Edinburg reserves the right to terminate the contract if, in the opinion of the City of

Edinburg, the successful vendor’s performance is not acceptable, no funds are available, or if the City wishes, without cause, to discontinue this contract. Termination will be in written form allowing a 30-day notice.

ADDENDA AND MODIFICATIONS

Bidder shall carefully examine the BID forms, specifications/requirements, and instructions to Bidders.

Should the Bidder find discrepancies in, or omissions from specifications/requirements, or other documents, or should he/she be in doubt as to their meaning, he/she should request an interpretation via the OpenGov portal:https://procurement.opengov.com/portal/cityofedinburg and obtain clarification by addendum prior to submitting any BID. Explanations, interpretations, and supplemental instructions shall be in the form of written Addenda which shall become a part of the Contract documents. Said Addenda shall be available thru the e-procurement portal, and e-mailed, to all prospective Bidders. All Addenda issued in respect to this project shall be considered official changes to the original BID documents. Verbal statements in response to inquiries and/or requests for explanations shall not be authoritative nor binding. It shall be the Bidder(s) responsibility to ensure that they have received all Addenda in respect to this project. Furthermore, Bidders are advised that they must recognize, comply with, and attach a signed copy of each Addendum which shall be made part of their

BID Submittal if submitting a Hard Copy Solicitation. Electronic submittals should be acknowledged through OpenGov. Bidder(s) signature on Addenda shall be interpreted as the bidder’s “recognition and compliance to” official changes as outlined by the City of Edinburg and as such are made part of the original solicitation documents. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from its terms and requirements. The City may issue a written addendum no later than five (5) calendar days prior to the date bids must be received. Addendums are available online at https://procurement.opengov.com/portal/cityofedinburg

BID PREPARATION COSTS

The City of Edinburg shall not be held liable for any costs incurred by any bidder for work performed in the preparation of and production of a BID or for any work performed prior to execution of contract.

EQUAL EMPLOYMENT OPPORTUNITY

Bidder agrees that they will not discriminate in hiring, promotion, treatment, or other terms and conditions of employment based on race, sex, national origin, age, disability, or in any way violate Title

VII of 1964 Civil Rights Act and amendments, except as permitted by said laws.

AUTHORIZATION TO BIND BIDDER TO BID

BIDs MUST give full firm name and address of respondent, and be manually signed. Failure to do so will disqualify your BID. Person signing bid must show title or AUTHORITY TO BIND HIS/HER FIRM IN A

CONTRACT. Firm name and authorized signature must appear on each page that calls for this information. The legal status of the Bidder whether corporation, partnership, or individual, shall also be stated in the BID. A corporation shall execute the BID by its duly authorized officers in accordance with its corporate by-laws and shall also list the state in which it is incorporated. A partnership Bidder shall give full names and addresses of all partners. All partners shall execute the BID. Partnership and

Individual Bidder shall state in the bid the names and addresses of all persons with a vested interest therein. The place of residence of each Bidder, or the office address in the case of a firm or company, with county and state and telephone number, shall be given after the signature.

COOPERATIVE PRICING

Bidders are advised that in addition to responding to our “local” solicitation for bids/Bids with Dealer pricing, vendors/contractors are encouraged to provide pricing on the below referenced items/products/services based on BuyBoard, TX-MAS, H-GAC and/or any other State of Texas recognized and approved cooperative which has complied with the bidding requirements for the State of Texas. If bidding other than or in addition to “dealer” pricing, kindly duplicate the bid forms for each bid being provided from a cooperative contract. Any and all applicable fees must be included. All cooperative pricing must be submitted on or before bid opening date and hour.

ETHICAL STANDARD

No City official or employee shall have interest in any contract resulting from this bid.

IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR OWN LEGAL COUNSEL.

COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF EACH PERSON OR AGENT OF A PERSON WHO IS

SUBJECT TO THE FILING REQUIREMENT. AN OFFENSE UNDER CHAPTER 176 IS A CLASS “C”

MISDEMEANOR.

3.2. INSURANCE REQUIREMENTS

Staff may waive insurance requirements for contracts $0 - $4,999.99, including but not limited to contracts for food, materials, supplies, and construction. Workers’ Compensation in amounts which satisfy statutory coverage shall be required for construction projects.

The following insurance requirements will be included in all City contracts of $5,000 - $14,999.99. In contracts not involving building and construction projects, as that activity is defined in TEX. LABOR CODE

§406.096, contractors may obtain alternative form of worker accident insurance with minimum limits of liability of $100,000 per claim.

Minimum Insurance Requirements

Type of Coverage Limits of Liability

Worker’s Compensation Statutory Coverage

Comprehensive General Liability

(City named as additional insured)

Bodily Injury $250,000 each person/$500,000 each occurrence

Property Damage $100,000 each occurrence/$100,000 aggregate or $500,000 combined single limits

The following insurance requirements will be included in all City contracts of $15,000 or more.

(1) The successful bidder will be required to carry the following insurance coverage and limits of coverage, as well as list the City as an additional insured to liability coverage as requested by the City. In addition, the successful bidder shall provide the City with evidence of coverage and furnish acceptable proof of payment of insurance premiums.

(2) The successful bidder will be required to secure and/or have insurance coverage in force with an admitted property and casualty insurance company licensed by the State of Texas to conduct business in the State of Texas.

(3) In contracts not involving building and construction projects, as that activity is defined in TEX. LABOR

CODE §406.096, contractors may obtain alternative form of worker accident insurance with minimum limits of liability of $100,000 per claim.

Minimum Insurance Requirements

Type of Coverage Limits of Liability

Worker’s Compensation Statutory Coverage

Employer’s Liability Bodily Injury by Accident:

$100,000 each accident

Bodily Injury by Disease:

$100,000 each employee/$500,000 policy limit

Comprehensive General Liability

Bodily Injury $250,000 each person/$500,000 each occurrence

Property Damage $100,000 each occurrence/$100,000 aggregate or $500,000 combined single limits

Comprehensive Auto Liability

Bodily Injury $100,000 each person/$500,000 each occurrence

Property Damage $100,000 each occurrence/$100,000 aggregate or $500,000 combined single limits

City’s Protective Liability

Bodily Injury $250,000 each person/$500,000 each occurrence

Property Damage $100,000 each occurrence/$100,000 aggregate or $500,000 combined single limits

Policies must name the City of Edinburg as an Additional Insured.

Certificates of insurance naming the CITY as an additional insured shall be submitted to the CITY for approval prior to any services being performed by Contractor. Each policy of insurance required hereunder shall extend for a period equivalent to, or longer than the term of the Contract, and any insurer hereunder shall be required to give at least thirty (30) days written notice to the CITY prior to the cancellation of any such coverage on the termination date, or otherwise. This Contract shall be automatically suspended upon the cancellation, or other termination, of any required policy of insurance hereunder, and such suspension shall continue until evidence that adequate replacement coverage is provided to the CITY. If replacement coverage is not provided within thirty (30) days following suspension of the Contract, the Contract shall automatically terminate.

3.3. BID BOND REQUIREMENTS – CONSTRUCTION PROJECTS ONLY

If the contract amount is over twenty-five-thousand dollars ($25,000) for construction of the project, the successful bidder shall provide a bid guarantee, give a good and sufficient bond in the full amount of the contract price for the faithful performance of such contract, executed by a surety company authorized to do business in the State of Texas, in accordance with Article 5160, Vernon's Texas Civil Statutes, and amendments thereto. A payment bond in the full amount of the contract price to assure payment shall be required by law of all persons supplying labor and material in the execution of the project provided for in the contract documents.

A bid guarantee equivalent to five percent (5%) of the bid price will be required from each bidder. The

"bid guarantee" shall consist of a firm commitment, such as a bid bond, certified check or other negotiable instrument accompanying a bid as assurance that the bidder will upon acceptance of his/her bid, execute such contractual documents as may be required within the time specified.

A performance bond on the part of the contractor for one-hundred percent (100%) of the contract price will be required. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract.

A payment bond on the part of the contractor for one-hundred percent (100%) of the contract price will be required. A "payment bond" is one executed in connection with a contract to assure payment, as required by law, of all persons supplying labor and material in execution of the work provided for in the contract documents.

Bidders are expressly advised to review the contract documents fully and insurance requirements of the proposed contract as to their legal requirements and the causes which may lead to the disqualification of a bidder and/or rejection of a bid proposal. No bid may be withdrawn within a period of sixty (60) days after the dated fixed for opening the bids. Unless all bids are rejected, the Owner will give Notice of

Award of Contract to the successful bidder as soon as possible consistent with the time for a thorough analysis of bids submitted. Bidders are expected to inspect the site of work and to inform themselves regarding all local conditions which may affect their bid.

4. Specifications

4.1. Drainage Improvements

This bid request is for Phase II of the construction plans. All pricing, scope, and timelines outlined herein pertain exclusively to the work defined under Phase II as detailed in the project documents (See

Engineering Plans and Specifications by KCI Technologies, Inc.). Any work associated with Phase I or III, as shown on the plans, is excluded from this bid.

The project's substantial completion is expected in 90 Calendar Days.

The project manual identifies the use of TxDOT 2024 Standard Specifications. The latest adopted City

Standards Manual must be used:

https://cityofedinburg.com/departments/engineering/engineeringstandardsmanual.php. In case of discrepancies, the most stringent shall govern.

https://cityofedinburg.com/departments/engineering/engineeringstandardsmanual.php

5. Vendor Questionnaire

5.1. Proposal*

Please upload your entire proposal here as one complete PDF document.

Please do not upload multiple files.

*Response required

5.2. If you have any proprietary documents, please attach the redacted document here.

5.3. Please upload your current insurance certificate.*

Please upload your current insurance certificate.

*Response required

5.4. Required Forms

5.4.1. Please fill out and sign the Conflict of Interest Disclosure form and upload here* Please download the below documents, complete, and upload.

• CONFLICT_OF_INTEREST.pdf

*Response required

5.4.2. Please fill out and sign the General Questionnaire and upload here* Please download the below documents, complete, and upload.

• GENERAL_QUESTIONNAIRE.pdf

*Response required

5.4.3. Please fill out the Litigation Disclosure Form and upload here* Please download the below documents, complete, and upload.

• LITIGATION_DISCLOSURE_FORM.pdf

*Response required

5.4.4. Please fill out and sign HB 89 and upload here*

HB 89

The 85th Texas Legislature approved new legislation, effective Sept. 1, 2017, which amends Texas Local

Government Code Section 1. Subtitle F, Title 10, Government Code by adding Chapter 2270 which states that a governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it:

1) does not boycott Israel; and

2) will not boycott Israel during the term of the contract https://government-project.s3.us-west-2.amazonaws.com/35171/95be07f1-80fd-4c92-b05d-0803eef73b61_CONFLICT_OF_INTEREST.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4P2XYAWIH%2F20251203%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20251203T211545Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEG0aCXVzLXdlc3QtMiJGMEQCIFGA5SvtQz%2FnhDU97GLNyhXHeRD%2BRQZNgH%2FbXRGq%2BavtAiBj8d6DNRO8zAtQSz%2FmCFnkwyQyNw5sQJ0tYqjnqFQxTiqFBQg2EAIaDDg5MjM2NDY4NzY3MiIMFdXuqTnVaOPduTx0KuIEVRZRmx4Mz3krQuj5PuI9vm7EzF17daRinYAPoliESp6zIq2AWupkxTqNVxYR3ny8hLkKqidiPkr5cpj9xiPzzHTE1GKlSyYw3xYBCmdf2SLRhvWglCmJ9jRg%2BNtakidPF5K2KwA1XnRZNzkfEhlxD6X7eQTi7FnBs11%2BKh2g61UxgIQLBvHmMhCsmE7SIM%2BwBqoqDndtOeV2aAwe8WoQ%2FZR0OVnZcFpLR9x72l1pFysOKCoN2E673jzuYXObsNxi3dRUCLlOML7t9j2v9b3%2BzQ7mTdcNUdqwTPbI%2BVATwiOi1uK9%2BuKYh0aau1cnrR0TMfhjGn9y7E4H6cjgTzw1HI6855a3OYDhfv2X%2Fqos8ps9k4qla3Keq9TEfGc%2ByWL%2F5hEqFlr4EEw3vkgSU0KLQU81i60eSy8zKamdNt3QtpoauhMp7JTDR590tgN%2Fbj7yj45lfoeECrqRTehfYdI8OrPMEOZnW707zBEjEIZr9Y7jC4z57CqqR50fPutkDCIRi03G8XAzsdQYBWUpPMbzUiZ0fxq9cxUW1YLA95S%2F%2B1w6f0k4aI4ctJT%2BgDdB2lYnShz5dDZtGIA2vSMhyRopDOKXcIhaCo40BRlDQH1QtWJvL0HEZQvqxppEUof70ghyMp5fIN1PthJzgRRObhaxrpTTCcZrj1HIOtQQn53m9kG5lD599PUyZJJvqdrmFyUTKiGWZ8Y0iRk8cKVznUVlrnVwKnd7Nvra4cfq%2Fu2iV%2BidQcFRmMaF8FsBGivrci2MgENMtN%2Fi4mKuYv%2FMGqQxO4CpWIhLHVcidx5p1y6hCk8HnDDwycLJBjqaAZidXqo2Dt%2FXMHN10GFP7UBhVBpzyuVbHqAD0gSCR7s5q5WSip9S4oDMkqSz%2F4j6zICyPKEQaHU%2BcudeqgGxhRtCCyUhylsVSmRPckCblPLtx9dbi7BuHuI%2BsChLHYzEaCL1RLbvR8cRGo0HcQWVZCm2TA2OoC1tiRZf%2FSvY5Z4ju8EMzMP3%2Fc6xM2LCUhxgMDdYgyttoZTWYQg%3D&X-Amz-Signature=82b5b46af0d50be4b849b0241b124d3e12ddd7bd9eb615c38ebacdb3cd085e3a&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22CONFLICT_OF_INTEREST.pdf%22&x-id=GetObject 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Please download the below documents, complete, and upload.

• HOUSE_BILL_89_VERIFICATION.pdf

*Response required

5.4.5. Please fill out and sign the Senate Bill 13 and upload here*

SB 13 ENERGY COMPANY BOYCOTTS

The 87th Texas Legislature approved new legislation, effective Sept. 1, 2021, which amends Texas Local

Government Code 2274.001. Subtitle F, Title 10, Chapter 809 which states that a governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it:

1) does not boycott energy companies and will not boycott energy companies during the term of the

Contract. If Respondent does not make that verification, Respondent must so indicate in its Response and state why the certification is not required, or

2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If circumstances relevant to this provision change during the course of the contract, Respondent shall promptly notify Agency.

Please download the below documents, complete, and upload.

• SENATE_BILL_13_VERIFICATION...

*Response required

5.4.6. Please fill out and sign the Senate Bill 19 and upload here*

SB 19 FIREARM ENTITIES AND TRADE ASSOCIATIONS DISCRIMINATIONS

The 87th Texas Legislature approved new legislation, effective Sept. 1, 2021, which amends Texas Local

Government Code Section 1. Subtitle F, Title 10 of the Texas Government Code 2274.002, Respondent verifies that it:

1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and

2) will not discriminate during the term of the contract against a firearm entity or firearm trade association.

If Respondent does not make that verification, Respondent must so indicate in its Response and state why the verification is not required. If circumstances relevant to this provision change during the course of the contract, Respondent shall promptly notify Agency.

Please download the below documents, complete, and upload.

• SENATE_BILL_19_VERIFICATION...

*Response required

5.4.7. Please fill out and sign the Conflict of Interest form and upload here* 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CONFLICT OF INTEREST

CHAPTER 176 OF THE TEXAS LOCAL GOVERNMENT CODE

Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local government entity disclose in the Questionnaire Form

CIQ, the vendor or person’s affiliation or business relationship that might cause a conflict of interest with a local government entity. By law, this questionnaire must be filed with the records administrator of the City of Edinburg not later than the 7th business day after the date the person becomes aware of facts that require the statement be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor.

For more information or to obtain Questionnaire CIQ go to the Texas Ethics Commission web page athttps://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf

*Response required

5.4.8. If awarded the 1295 form will need to be provided*

CERTIFICATE OF INTERESTED PARTIES (Form 1295)

In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the

Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The law applies only to a contract of a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016. For more information go to the Texas

Ethics Commission web page at https://www.ethics.state.tx.us/filinginfo/1295/

☐ Yes

☐ No

*Response required

5.5. Solicitation Forms

5.5.1. Please fill out the Past Performance Reference document and upload here.* Please download the below documents, complete, and upload.

• B_-_Past_Performance_Evalua...

*Response required

5.5.2. Please fill out and attach the Bid Bond.*

Please download the below documents, complete, and upload.

https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf https://www.ethics.state.tx.us/filinginfo/1295/ https://government-project.s3.us-west-2.amazonaws.com/48256/7dd53b37-714d-4250-9023-e77050213a4b_B_-_Past_Performance_Evaluation.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4P2XYAWIH%2F20251203%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20251203T211545Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEG0aCXVzLXdlc3QtMiJGMEQCIFGA5SvtQz%2FnhDU97GLNyhXHeRD%2BRQZNgH%2FbXRGq%2BavtAiBj8d6DNRO8zAtQSz%2FmCFnkwyQyNw5sQJ0tYqjnqFQxTiqFBQg2EAIaDDg5MjM2NDY4NzY3MiIMFdXuqTnVaOPduTx0KuIEVRZRmx4Mz3krQuj5PuI9vm7EzF17daRinYAPoliESp6zIq2AWupkxTqNVxYR3ny8hLkKqidiPkr5cpj9xiPzzHTE1GKlSyYw3xYBCmdf2SLRhvWglCmJ9jRg%2BNtakidPF5K2KwA1XnRZNzkfEhlxD6X7eQTi7FnBs11%2BKh2g61UxgIQLBvHmMhCsmE7SIM%2BwBqoqDndtOeV2aAwe8WoQ%2FZR0OVnZcFpLR9x72l1pFysOKCoN2E673jzuYXObsNxi3dRUCLlOML7t9j2v9b3%2BzQ7mTdcNUdqwTPbI%2BVATwiOi1uK9%2BuKYh0aau1cnrR0TMfhjGn9y7E4H6cjgTzw1HI6855a3OYDhfv2X%2Fqos8ps9k4qla3Keq9TEfGc%2ByWL%2F5hEqFlr4EEw3vkgSU0KLQU81i60eSy8zKamdNt3QtpoauhMp7JTDR590tgN%2Fbj7yj45lfoeECrqRTehfYdI8OrPMEOZnW707zBEjEIZr9Y7jC4z57CqqR50fPutkDCIRi03G8XAzsdQYBWUpPMbzUiZ0fxq9cxUW1YLA95S%2F%2B1w6f0k4aI4ctJT%2BgDdB2lYnShz5dDZtGIA2vSMhyRopDOKXcIhaCo40BRlDQH1QtWJvL0HEZQvqxppEUof70ghyMp5fIN1PthJzgRRObhaxrpTTCcZrj1HIOtQQn53m9kG5lD599PUyZJJvqdrmFyUTKiGWZ8Y0iRk8cKVznUVlrnVwKnd7Nvra4cfq%2Fu2iV%2BidQcFRmMaF8FsBGivrci2MgENMtN%2Fi4mKuYv%2FMGqQxO4CpWIhLHVcidx5p1y6hCk8HnDDwycLJBjqaAZidXqo2Dt%2FXMHN10GFP7UBhVBpzyuVbHqAD0gSCR7s5q5WSip9S4oDMkqSz%2F4j6zICyPKEQaHU%2BcudeqgGxhRtCCyUhylsVSmRPckCblPLtx9dbi7BuHuI%2BsChLHYzEaCL1RLbvR8cRGo0HcQWVZCm2TA2OoC1tiRZf%2FSvY5Z4ju8EMzMP3%2Fc6xM2LCUhxgMDdYgyttoZTWYQg%3D&X-Amz-Signature=734ec757e9bd6301bb2dec8cd7979e44af07fcefb841fe84ed4a557ae77d0c9d&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22B_-_Past_Performance_Evaluation.pdf%22&x-id=GetObject

• C_-_Bid_Bond_-_SECTION_0131...

*Response required

5.5.3. Please fill out the attached Statement of Qualifications* Please download the below documents, complete, and upload.

• D_-_Statement_of_Bidders_Qu...

*Response required

5.5.4. Please fill out and sign the Cerification of Bidders Experience and Qualifications and upload the document here.*

Please download the below documents, complete, and upload.

• E_-_Certificate_of_Bidders_...

*Response required

5.5.5. Please fill out, sign, and notarize the Equipment and Material List and upload here.*

Please download the below documents, complete, and upload.

• F_-_Equipment_&_Material_Li...

*Response required

5.5.6. Please fill out and sign the Non Bribery Model Form and upload here.* Please download the below documents, complete, and upload.

• G_-_Non_Bribery_Model_Form_...

*Response required

5.5.7. Please review the attached Performance Bond form.*

• K_-_Performance_Bond.pdf

*Response required

5.5.8. If awarded the Performance Bond will need to be provided.* ☐ Yes

☐ No

*Response required

5.5.9. Please review the attached Payment Bond form.*

• L_-_Payment_Bond.pdf

*Response required

5.5.10. If awarded the Payment Bond will need to be provided.*…

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