Business_281_One_(1)_Million_Gallon_Composite_Elevated_Water_Storage_Tank_(Addendum_#3_Revision).pdf

REQUEST FOR PROPOSAL

2023-008

BUSINESS 281 ONE (1) MILLION GALLON COMPOSITE ELEVATED

WATER STORAGE TANK

City of Edinburg

415 W. University Drive

Edinburg, TX 78541

RELEASE DATE: June 2, 2023

DEADLINE FOR QUESTIONS: July 14, 2023

RESPONSE DEADLINE: July 20, 2023, 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 PROPOSAL

Business 281 One (1) Million Gallon Composite Elevated Water Storage

Tank

I. Introduction II. Legal Notice

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

VI. Pricing Proposal VII. Evaluation Criteria

Attachments:

A - Post_Bid_Procedures

B - Sample_Agreement

C - General_Conditions

D - Supplementary_Conditions

E - Business 281 Elevated Water Storage Tank Plans and Technical Specifications

F - Warranty

Request For Proposal #2023-008 Title: Business 281 One (1) Million Gallon Composite Elevated Water Storage Tank

1. INTRODUCTION

The purpose of the RFP is to solicit and obtain from interested parties (also referred to herein as

“Vendor” or “Vendors”) the best possible proposal for the Business 281 One Million Gallon Elevated

Storage Tank. The City of Edinburg intends to select the most competitive proposal that meets the City’s requirements and specifications listed within the proposal and then enter into negotiations with the

Vendor/s for purposes of reaching a satisfactory agreement for the City for the Business 281 One Million

Gallon Elevated Storage Tank.

1.1. Summary

The project will consist of constructing a One (1) million gallon composite elevated water storage tank and installing approximately 1,480 LF of 16" Water line.

1.2. Background

The city’s goal is to construct a One (1) million-gallon elevated water storage tank, so as to improve the water demands north of the city limits and maintain the proper water pressure within the Monte Cristo and I-69 area.

Project Engineer:

Melden & Hunt, Inc.

115 W. McIntyre St.

Edinburg, TX 78541

Phone: (956) 381-0981

Fax: (956) 381-1839

1.3. Contact Information

Gerardo Carmona

Director of Utilities

415 w university blvd

Edinburg, TX 78541

Email: gcarmona@cityofedinburg.com

Phone: (956) 388-8212

Department:

Utilities

Department Head:

Gerardo Carmona

Director of Utilities mailto:gcarmona@cityofedinburg.com tel:(956)388-8212

1.4. Timeline

Release Project Date June 2, 2023

Pre-Proposal Meeting (Non-Mandatory) June 29, 2023, 10:30am

City of Edinburg Engineering Conference

Room - 2nd Floor

415 W. University Drive

Edinburg, TX 78539

Question Submission Deadline July 14, 2023, 5:00pm

Proposal Submission Deadline July 20, 2023, 3:00pm

2. LEGAL NOTICE

2.1. Notice to Respondents

The City of Edinburg is soliciting sealed proposals from qualified vendors for Business 281 One (1) Million

Gallon Composite Elevated Water Storage Tank.

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

3:00 pm, Thursday, July 20, 2023.

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

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

Community Room, at 415 W. University Dr., Edinburg, TX 78541, at 3:00 pm, Thursday, July 20, 2023.

To obtain a copy of the Request for Proposals or submit an electronic proposal please visit:

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

If a Respondent chooses to submit a Hard Copy Proposal, it must be delivered in a sealed envelope with a return address and clearly marked “City of Edinburg RFP No. 2023-008" to the City Secretary's Office prior to the RFP opening date and time. The receiving time in the City Secretary's Office will be the governing time for acceptability of the proposals. The Respondent's firm name shall appear on the outside of the envelope.

Submit Proposals 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)

RFP No. 2023-008

If you have any questions or require additional information contained the RFP, you may contact Criselda

Lozano, Purchasing Manager, please submit your questions via OpenGov Procurement at the website listed above no later than 5:00 pm on Friday, July 14, 2023.

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

Bidders on the work will be required to comply with the President’s Executive Order No. 11236 and

Order No. 11375 which prohibits discrimination in employment regarding race, creed, color, sex, or national origin. Bidder must comply with the Title VI of the Civil Rights Act of 1964 after Civil Rights Act and federally mandated procurement contract provisions at Appendix II to 2 CFR Part 200.

Prospective contractors/ subcontractors shall be registered in the SAM System for Award Management database prior to award of a contract or agreement. Registration can 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.

http://www.sam.gov/

3. INSTRUCTIONS, TERMS AND CONDITIONS

3.1. General Instructions

PURPOSE

The purpose of these solicitation documents is to provide a Proposals for: Business 281 One (1) Million

Gallon Composite Elevated Water Storage Tank

INTENT

The services to be provided under this RFP 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 respondent who can meet the requirements.

SUBMITTAL OF "HARD COPY" RFP

If submitting a Hard Copy RFP, 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 RFP must be completely filled out and SUBMITTED IN ORIGINAL FORM complete with all supporting documentation. RFPs submitted by facsimile (fax) will not be accepted. Submittal of an RFP in response to this solicitation constitutes an offer by the respondent. Once submitted, RFPs become the property of the City of Edinburg and as such the City reserves the right to use any ideas contained in any

RFP regardless of whether that respondent/firm is selected. Submission of a RFP in response to this solicitation, by any respondent, shall indicate that the respondent(s) has/have accepted the conditions contained in the RFP, unless clearly and specifically noted in the RFP submitted and confirmed in the contract between the City and the successful respondent otherwise. RFPs which do not comply with these requirements may be rejected at the option of the City. RFPs must be filed with the City of

Edinburg before the deadline day and hour. No late RFPs will be accepted. Failure to meet RFP 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 RFPs 90 days after deadline without taking action. Respondents are required to hold their RFPs firm for same period of time.

RIGHT TO REJECT/AWARD

The City of Edinburg reserves the right to reject any or all RFPs, 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

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

AWARD

Respondents are advised that the City of Edinburg is soliciting RFPs and award shall be made to the respondent 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 proposals. The

City also reserves the right to request oral interviews.

FINAL SELECTION AND THE CITY COUNCIL APPROVAL

Selection shall be made of one or more proposers deemed to be fully qualified and best suited among those submitting Proposals on the basis of the evaluation factors included in the Request for Proposals, if so stated in the Request for Proposals. Negotiations shall be conducted with the proposers selected.

After negotiations have been conducted with each proposer selected, the agency shall select the proposer which, in its opinion, has made the best proposal, and shall award the contract to that proposer. The City may cancel this Request for Proposals or reject the Proposals at any time prior to an award, and is not required to furnish a statement of the reasons why a particular proposal was not deemed the most advantageous. Should the City determine in writing and in its sole discretion that only one proposer is fully qualified, or that one proposer is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that proposer. The award document will be a contract incorporating by reference all the requirements, terms and conditions of the solicitation and the contractor's proposal as negotiated. After the selection of the most qualified firm(s), scope of services and billing rates will be negotiated and used as attachments to the City’s Professional

Services Agreement. This Agreement will then be submitted to the City Council for approval. If the City and the selected firm cannot successfully negotiate an agreement, then the City will enter into negotiations with the next best qualified firm on the evaluation rating list. This procedure may be repeated until one (1) or more firms has been selected and approved by the City Council.

NUMBER OF CONTRACTS

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

STATUTORY REQUIREMENTS

It shall be the responsibility of the successful respondent 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 RFP

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

NO RESPONSE TO RFP

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

LIST OF EXCEPTIONS

The respondent shall attach to his/her RFP 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

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 SERVICES is used, its meaning shall refer to the request for Business

281 One (1) Million Gallon Composite Elevated Water Storage Tank as specified.

RESPONDENT’S EMPLOYEES

Neither the Respondent 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 Respondent 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 Proposals shall be directed to the e-procurement portal as outlined in the RFP. Such interpretations, which may affect the eventual outcome of this request for Proposals, shall be furnished in writing to all prospective Respondents 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 Respondent/Consultant on contract.

Respondents 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 Respondent to influence the selection process by any means, other than disclosure of Proposals 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 respondent 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 respondent may not be considered confidential under

Texas Law, or pursuant to a Court order.

PAST PERFORMANCE

Respondent’s past performance shall be taken into consideration in the evaluation of RFP 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.

CONFIDENTIALITY OF INFORMATION AND SECURITY

Should the successful respondent 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 respondent 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

Respondent shall carefully examine the RFP forms, specifications/requirements, and instructions to

Respondents. Should the respondent 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 RFP. 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 Respondents. All Addenda issued in respect to this project shall be considered official changes to the original RFP documents.

Verbal statements in response to inquiries and/or requests for explanations shall not be authoritative nor binding. It shall be the Respondent(s) responsibility to ensure that they have received all Addenda in respect to this project. Furthermore, Respondents are advised that they must recognize, comply with, and attach a signed copy of each Addendum which shall be made part of their RFP Submittal if submitting a Hard Copy Solicitation. Electronic submittals should be acknowledged through

OpenGov. Respondent(s) signature on Addenda shall be interpreted as the respondent’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 respondent to receive any such addendum or interpretation shall not relieve such Respondent from its terms and requirements. The City may issue a written addendum no later than five calendar days prior to the date bids must be received. Addendums are available online at https://procurement.opengov.com/portal/cityofedinburg

RFP PREPARATION COSTS

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

EQUAL EMPLOYMENT OPPORTUNITY

Respondent 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.

RESPONDENT RESPONSIBILITY

It is the responsibility of each vendor before submitting a proposal:

• To examine thoroughly the contract documents and other related data identified in the proposal documents.

• To visit the site to become familiar with and satisfy vendor as to the general, local, and site conditions that may affect cost, progress, performance, etc.

• To consider federal, state, and local laws and regulations that may affect costs, progress, performance or furnishing of the work.

• To study and carefully correlate vendor's knowledge and observations with the contract documents and such other related data.

• To promptly notify THE CITY Purchasing of all conflicts, errors, ambiguities, or discrepancies which vendor has discovered in or between the contract documents and such other related documents.

AUTHORIZATION TO BIND RESPONDENT TO RFP

RFPs MUST give full firm name and address of respondent, and be manually signed. Failure to do so will disqualify your RFP. 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 Respondent whether corporation, partnership, or individual, shall also be stated in the RFP. A corporation shall execute the RFP 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 Respondent shall give full names and addresses of all partners. All partners shall execute the

RFP. Partnership and Individual Respondent shall state in the proposal the names and addresses of all persons with a vested interest therein. The place of residence of each Respondent, 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.

BRAND OR MANUFACTURER REFERENCE

Unless otherwise specified, any catalog or manufacturer’s reference or brand name used in describing an item is merely descriptive, and not restrictive, and is used only to indicate type and style of product desired. Proposals on alternate brands will be considered if they meet specification requirements. If a bidder quotes on equipment other than the one(s) specified in the bid, sufficient specifications and descriptive (pictured literature) data must accompany same to permit thorough evaluation. In the absence of these qualifications, he/she will be expected to furnish the product called for.

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.

SECURITY DEPOSIT

A. Proposals shall be accompanied by a Security Deposit.

B. The Security Deposit of the Respondents will be retained until after the Contract is executed.

C. After execution of the Contract, Security Deposits will be returned to the Respondents.

D. If no Contract is awarded, all Security Deposits will be returned to the respective Respondents.

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.

3.4. CERTIFIED CHECK/CASHIER'S CHECK

A. Make certified check or cashier's check (security checks) payable to the Owner.

B. The security checks are submitted on the condition that if the Respondent is named apparent Low

Respondent and then fails either to timely execute the Agreement or to timely provide any required bonds, or to do both, then in that event the Owner will cash the security check.

C. The Owner will retain an amount equal to the difference between the proposal of the Respondent providing the security check and the proposal of the Respondent who is finally awarded the Contract and who executes the Agreement and provides the required bonds.

D. Any balance remaining will be reimbursed by the Owner to the Respondent who provided the security check.

4. SPECIFICATIONS

The intent of this Request for Proposal and resulting contract is to obtain proposals for the construction of the Business 281 One Million Gallon Elevated Storage Tank.

The required contents and limitations for the preparation of the RFP are described in this section. Failure to provide the requested information or adhere to any of The CITY limitations will result in disqualification of the submitted RFP. Letter of Intent from Surety Company to provide Payment and

Performance Bonds shall also be required from the proposer as part of RFP.

4.1. Construction of composite Elevated Water Tower

The project will consist of the installation of 16" water lines and the construction of the Business 281

One Million Gallon Composite Elevated Storage Tank.

The following milestones will be added to the agreement, if awarded:

Milestone 1: Mobilization

Milestone 2: Initial Sitework for Tank Construction

Milestone 3: Concrete Support Pedestal

Milestone 4: Steel Tank

Milestone 5: Coatings

Milestone 6: Mechanical

Milestone 7: All electrical work

Milestone 8: Tank Finish Work such as floors, ladders, doors, etc.

Milestone 9: Water lines along BUS. 281 and to the tank supplying water

Milestone 10: Paint Logo

Milestone 11: Remaining Site Improvements such as paving, drainage, fencing, etc.

Milestones can be requested by the selected contractor to be reordered with the approval of City

Engineer and Engineer of Record.

The latest adopted City Standards Manual must be used:

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

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

4.2. SUBMITTAL

For proper comparison and evaluation, THE CITY requests that proposals address, at a minimum, the following format.

1) Cover Letter - A brief introductory letter of representation.

2) Executive Summary - A brief summary highlighting the most important points of the proposal. If used, the Summary should not exceed five pages.

3) Degree of Compliance - A statement that all products and services quoted in proposal is in full accord with the specifications or a brief listing of all those specification sections to which the Proposer takes exception. All explanations, exceptions, comments, etc., pertaining to the specific sections of the specifications shall be listed and numbered in order of the respective article of the specification.

4.3. CONTENTS - The required contents for the RFP are presented below in the order they should be incorporated into the submitted document.

1) UNDERSTANDING OF THE PROJECT: This section should demonstrate the submitter’s understanding of the project’s needs, the work required, and any local issues or concerns. This description should be concise, candid, and limited to 2 pages in length.

2) FIRM QUALIFICATIONS, PERSONNEL AND STAFFING (00420 Statement of Bidder’s Qualifications):

The CITY is seeking a contract with a competent firm(s); with a minimum of 5 years’ experience of installation of the ONE (1) MILLION GALLON COMPOSITE ELEVATED STORAGE TANKS.

a) Qualifications:

i) List Firm’s qualifications and ability to perform the service requirements.

ii) List qualifications of key personnel to be assigned to this project, including but not limited to education, training, registrations, certifications and licenses.

b) Experience

i) Number of years of experience as a General Contractor.

ii) Relevant experience with projects of similar size and scope performed over the past five (5) years. For each project listed, date services provided and name, titles, and telephone numbers of each client or client’s representative.

iii) Specific experience with public entity clients, especially large municipalities. If company submitting proposal for new construction has provided services to the CITY in the past, identify the name of the project and the department for which services were provided.

iv) If company submitting proposal for this project is submitting as a team or joint venture, provide the same information for each member of the team or joint venture.

v) Provide the following information for key personnel to be assigned to this project:

1) Total years’ experience.

2) Primary work assignment for the projects outlined in this RFP.

3) Relevant experience with projects of similar size and scope.

c) Previous Project Performance:

i) Provide evidence of satisfactory performance on past projects

ii) List past assignments over the past five (5) years

iii) Provide copies of outstanding service letters, letters of commendation, service awards, etc.

iv) Provide five recent references who may be contacted to verify performance of similar services. For each reference, provide a current phone number and e-mail address. References may not be present or former CITY employees.

d) Quality of Service:

i) Company submitting proposal for the BUSINESS 281 ONE (1) MILLION GALLON ELEVATED STORAGE

TANK – Availability: Identify any concurrent or near future commitment that would impede the firm’s ability to perform this contract.

ii) Describe company submitting proposal for the BUSINESS 281 ONE (1) MILLION GALLON ELEVATED

STORAGE TANK policies, procedures and plans to ensure quality services (continuing education, on-going training, internal quality practices, etc.)

iii) If company submitting proposal for the BUSINESS 281 ONE (1) MILLION GALLON ELEVATED STORAGE

TANK has ever had a contract terminated or has been dismissed due to alleged unsatisfactory performance, state when, where and why the contract was terminated and/or Security Consultant dismissed, the client’s name, and the contact person’s phone number.

3) Proposal Pricing/Delivery - Pricing shall be inclusive for all items requested in this proposal. Brief notes referencing specific line items may be included, if necessary, for explanation. Proposal shall state all labor, materials and equipment necessary to complete the project as stated in the SCOPE OF WORK

(Page 2).

4) Contractor Background Information - This section should include a description of the Proposer experience with other services similar to the one described herein. This information should include scope of several similar jobs including magnitude and cost, customer contacts and other information that THE CITY can use as a basis for performance evaluation. This section should also include information on your organization and staff assigned to the project.

5) References - Proposer shall submit with this proposal a list of at least three (3) references where like services or similar projects have been performed by their firm. Include name of firm, address, telephone number and name of representative.

6) Schedule – Proposer shall submit the amount of working days that will take company to complete project.

4.4. AWARD OF CONTRACT, RESERVATION OF RIGHTS

Final Selection and City Council Approval

The CITY may accept any Submittal in whole or in part. If subsequent negotiations are conducted, they shall not constitute a rejection or alternate RFP on the part of THE CITY. However, final selection of a company submitting proposal for the BUSINESS 281 ONE MILLION GALLON ELEVATED STORAGE TANK is subject to City Council approval.

Remedy of Technical Errors

The CITY reserves the right to accept one or more submittals or reject any or all submittals received in response to this RFP, and to waive informalities and irregularities in the submittals received. The CITY also reserves the right to terminate this RFP, and reissue a subsequent solicitation, and/or remedy technical errors in the RFP process.

Insurance and Indemnity

If selected, vendor/s submitting proposal for BUSINESS 281 ONE MILLION GALLON ELEVATED STORAGE

TANK will be required to comply with the Insurance and Indemnity Requirements established herein.

Independent Contractor

The company/s submitting proposal for the BUSINESS 281 ONE MILLION GALLON ELEVATED STORAGE

TANK agrees and understands that, if selected, it and all persons designated by it to provide services in connection with a contract, is (are) and shall be deemed to be (an) independent contractor(s), responsible for its (their) respective acts or omissions, and that THE CITY shall in no way be responsible for company submitting proposal for the PROJECT NAME actions, and that none of the parties hereto will have authority to bind the other or to hold out to third parties.

Purchase Orders, As Needed

Execution of a contract does not obligate the CITY to engage any delivery orders, Purchase Orders, or other commitments for services. Service delivery shall be at the CITY’s discretion, as needed, and will be communicated to the company submitting proposal for the BUSINESS 281 ONE MILLION GALLON

ELEVATED STORAGE TANK through individual Purchase Orders.

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. Please attach any additional information for this project.

5.5. Required Forms

5.5.1. 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

5.5.2. Please fill out and sign the Qualifications General Questionnaire and upload here*

Please download the below documents, complete, and upload.

• Qualifications_General_Ques...

*Response required

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

• LITIGATION_DISCLOSURE_FORM.pdf

*Response required

5.5.4. 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:

https://government-project.s3.us-west-2.amazonaws.com/35171/95be07f1-80fd-4c92-b05d-0803eef73b61_CONFLICT_OF_INTEREST.pdf?AWSAccessKeyId=AKIARC2J5PZDGOGWDMYG&Expires=1689848854&Signature=qBkm1JK05%2BC2MLISLh0nCC8rdTs%3D&response-content-disposition=attachment%3B%20filename%3D%22CONFLICT_OF_INTEREST.pdf%22 https://government-project.s3.us-west-2.amazonaws.com/48644/dc73ee20-293f-4801-b8fb-c4821e515aba_Qualifications_General_Questionnaire.pdf?AWSAccessKeyId=AKIARC2J5PZDGOGWDMYG&Expires=1689848854&Signature=DD9ZpxHrmVVYuknWROTEy%2FgxE5c%3D&response-content-disposition=attachment%3B%20filename%3D%22Qualifications_General_Questionnaire.pdf%22 https://government-project.s3.us-west-2.amazonaws.com/35171/5ab2a5cb-2670-4b00-b60a-2254370693af_LITIGATION_DISCLOSURE_FORM.pdf?AWSAccessKeyId=AKIARC2J5PZDGOGWDMYG&Expires=1689848854&Signature=JJii9tENNdeckKJoWlBLAbM8omI%3D&response-content-disposition=attachment%3B%20filename%3D%22LITIGATION_DISCLOSURE_FORM.pdf%22

1) does not boycott Israel; and

2) will not boycott Israel during the term of the contract

Please download the below documents, complete, and upload.

• HOUSE_BILL_89_VERIFICATION.pdf

*Response required

5.5.5. 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

5.5.6. 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...

https://government-project.s3.us-west-2.amazonaws.com/35171/c07f36ac-db17-454d-83c9-d2a2281cf51f_HOUSE_BILL_89_VERIFICATION.pdf?AWSAccessKeyId=AKIARC2J5PZDGOGWDMYG&Expires=1689848854&Signature=re5Ih1mhiJjJNK3q6bA4cPGnon0%3D&response-content-disposition=attachment%3B%20filename%3D%22HOUSE_BILL_89_VERIFICATION.pdf%22 https://government-project.s3.us-west-2.amazonaws.com/35171/c710f55a-94d1-4c76-9283-076e75335e0b_SENATE_BILL_13_VERIFICATION.pdf?AWSAccessKeyId=AKIARC2J5PZDGOGWDMYG&Expires=1689848854&Signature=85P6Wr1J3SkXaBZq9N04vTmrIK4%3D&response-content-disposition=attachment%3B%20filename%3D%22SENATE_BILL_13_VERIFICATION.pdf%22 https://government-project.s3.us-west-2.amazonaws.com/35171/d9b61aad-d5e5-43dd-9c94-7b21dba5c8bf_SENATE_BILL_19_VERIFICATION.pdf?AWSAccessKeyId=AKIARC2J5PZDGOGWDMYG&Expires=1689848854&Signature=1eQfVOO3AI3jytcNUOsd7YsMoVo%3D&response-content-disposition=attachment%3B%20filename%3D%22SENATE_BILL_19_VERIFICATION.pdf%22

*Response required

5.5.7. 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

5.5.8. Please fill out and sign the Conflict of Interest form and upload here*

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 at https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf

5.6. Solicitation Forms

5.6.1. Please fill out and sign the attached Insurance Requirement Acknowledgement form.*

• Insurance_Requirement_Ackno...

*Response required https://www.ethics.state.tx.us/filinginfo/1295/ https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf https://government-project.s3.us-west-2.amazonaws.com/48644/73840e88-6400-4f2d-9194-e6b3a234ee62_Insurance_Requirement_Acknowledgment.pdf?AWSAccessKeyId=AKIARC2J5PZDGOGWDMYG&Expires=1689848854&Signature=9IYIY7ZQVTQj52JaThjGESUjd5Q%3D&response-content-disposition=attachment%3B%20filename%3D%22Insurance_Requirement_Acknowledgment.pdf%22

5.6.2. Please fill out and sign the Project Requirements Acknowledgement Form.*

• Project_Requirements_Acknow...

*Response required

5.6.3. Please fill out and attached the Contractor Notice of Intent to Respond.*

• Contractor_Notice_of_Intent...

*Response required

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

Please download the below documents, complete, and upload.

• C_-_Bid_Bond_-_SECTION_0131...

*Response required

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

• D_-_Statement_of_Bidders_Qu...

*Response required

5.6.6. 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

5.6.7. 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

5.6.8. 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

5.6.9. Please fill out and sign the attached Performance Bond form and upload here.*

Please download the below documents, complete, and upload.

https://government-project.s3.us-west-2.amazonaws.com/48644/84ab13d4-10ad-48a6-af96-aa0f4c7921dc_Project_Requirements_Acknowledgement.pdf?AWSAccessKeyId=AKIARC2J5PZDGOGWDMYG&Expires=1689848854&Signature=m75tafS4T1zOmMgJshu2DEJrhwI%3D&response-content-disposition=attachment%3B%20filename%3D%22Project_Requirements_Acknowledgement.pdf%22 https://government-project.s3.us-west-2.amazonaws.com/48644/8955d1e1-5ce9-49e1-8f69-376fc7371901_Contractor_Notice_of_Intent_to_Respond.pdf?AWSAccessKeyId=AKIARC2J5PZDGOGWDMYG&Expires=1689848854&Signature=j5KG5thvtMe1ju3M%2Bn58KU3Jqss%3D&response-content-disposition=attachment%3B%20filename%3D%22Contractor_Notice_of_Intent_to_Respond.pdf%22 https://government-project.s3.us-west-2.amazonaws.com/48256/8e95cd7c-e9e6-4e1b-9d3b-f76b29e64330_C_-_Bid_Bond_-_SECTION_01311.pdf?AWSAccessKeyId=AKIARC2J5PZDGOGWDMYG&Expires=1689848854&Signature=NygGyvzjZwr%2Bdy2%2BGjs57OZfZmY%3D&response-content-disposition=attachment%3B%20filename%3D%22C_-_Bid_Bond_-_SECTION_01311.pdf%22…