Javier Villalobos, Mayor

Pepe Cabeza de Vaca, Commissioner – District 6 - Mayor Pro-Tem Tony Aguirre, Commissioner – District 1 Joaquin “JJ” Zamora, Commissioner – District 2 Rolando “Rolly” Rios, Commissioner – District 3 Rodolfo “Rudy” Castillo, Commissioner – District 4 Michael Fallek Commissioner – District 5

Isaac J. Tawil, City Manager

Eduardo Mendoza, P.E., City Engineer

Gerardo Noriega, CPPB, Director of Purchasing & Contracting

Bid, Form of Agreement, Bonds and Specifications for

29TH STREET & JORDAN ROAD DRAINAGE

IMPROVEMENTS (CDBG FUNDED)

PROJECT NO. 09-26-C42-646

DATED: 8/11/2026

McAllen, TX

INDEX

Bid Notice .................................................................................................................................... 1-2

Information to Bidders ............................................................................................................ 3-13

Bid Form ................................................................................................................................. 14-27

Supplement No. 1 to Bid Form – Non-Resident Bidder

Supplement No. 2 to Bid Form – Bond Information

Supplement No. 3 to Bid Form – Non-Collusion Affidavit Supplement No. 4 to Bid Form – Conflict of Interest Questionnaire (CIQ)................ 20-21 Supplement No. 5 to Bid Form – References Supplement No. 6 to Bid Form – Lobbying Disclosure Statement ............................. 23-25

Supplement No. 7 to Bid Form – Certification of Bidder Regarding Section 3 Supplement No. 8 to Bid Form – Certification of Bidder Segregated Facilities

CFR 200 Requirements ........................................................................................................ 28-38

Special Provisions................................................................................................................... 39-42

Form of Agreement for Engineering/Architectural Construction .................................... 43-47

Performance Bond Template ................................................................................................ 48-49

Payment Bond Template ....................................................................................................... 50-51

General Conditions of Contract for Engineering/Architectural Construction .............. 52-71

Supplemental General Conditions of Contract for Engineering/Architectural Construction ....................................................................... 72-87

Texas Workers’ Compensation Commission Rule 110.110 ........................................ 72-81

Prevailing Wage Legal Requirements ......................................................................... 82-83

General Prevailing Wage Rates ................................................................................... 84-87

Exhibits ................................................................................................................................... 88-89

Unconditional Waiver and Release on Progress Payment

Unconditional Waiver Release on Final Payment

Equal Opportunity Certification Forms .............................................................................. 90-92

Policy of Non-Discrimination on the Basis of Disability

Section 3 of Housing & Urban Development Act of 1968 ............................................... 94-139

Technical Specifications .................................................................................................... 140-399

Drawings ............................................................................................................................. 400-415

BID NOTICE

Solicitation Type and Name: Invitation to Bid for 29th Street & Jordan Road Drainage Improvements (CDBG Funded)

Solicitation Number: 09-26-C42-646

Summary of Work: The work consists of a Drainage Improvement on South 29th Street. Proposed storm sewer infrastructure improvements focus on capture and conveyance of stormwater runoff consisting of approximately 100-linear feet or new storm line and appurtenances. 120-linear feet of driveway culverts, 1160-linear feet of roadside swale regrading, and associated permanent vegetative stabilization.

Bid Opening: Sealed electronic bids addressed to Mr. Isaac J. Tawil, City Manager, will be received until Thursday, September 10, 2026 at 3:00 p.m., Central Daylight Time (CDT) at which time they shall be publicly opened in a meeting held in McAllen City Hall, 2nd floor, Conference Room 2A. Bid Opening is also available through Zoom Meeting at:

https://us06web.zoom.us/j/84941187431?pwd=nVxKuTkOndARAsFFrZPHt53MHpZ5DS.1 ; Call in number: +1 346 248 7799 US (Houston); Meeting ID: 849 4118 7431; Passcode: 960650. Additional Zoom login/meeting information is available in the City’s bidding portal. All bid responses are only to be submitted electronically only through the City of McAllen’s bidding portal:

https://mcallen.procureware.com, on or before the aforementioned date and time. Original, hard copy and/or late bids shall not be accepted.

Pre-Submittal Conference: City of McAllen, City Hall, 2nd Floor, Conference Room 2A, 1300 Houston Ave, McAllen, Texas 78501 on Thursday, September 03, 2026 at 10:00 a.m. CDT. Pre-Submittal Conference is also available through virtual Zoom meeting at:

https://us06web.zoom.us/j/85296984282?pwd=n8Fq26aK7JmWq84BbWXaPKavUHbrbK.1 Call in number: +1 346 248 7799 US (Houston); Meeting ID: 852 9698 4282; Passcode: 989768. Additional Zoom login/meeting information is available in the City’s bidding portal. All prospective respondents are encouraged to be in attendance.

To view this solicitation, access Plans and Specifications, and submit a bid response, you must first register in the City’s bidding portal at https://mcallen.procureware.com. Solicitation documents will not be mailed, e-mailed, or provided in person. Once registered, you will also be added to the solicitation distribution list for changes and/or additions via Addenda form. Potential bidders are asked to post their questions on our bidding portal under the tab labeled “Clarifications” under the relative project number.

This project is being funded, in part, by Community Development Block Grant funds and is subject to the following Federal requirements: Executive Order 11246; Clause 3 of the HUD Act of 1968; Title IV of the Civil Rights Act of 1964; Title VII of the Civil Rights Act of 1968; and Section 109 of the Housing and Community Development Act of 1974, the Davis-Bacon and Related Acts as well as State laws and regulations. In addition, the successful bidder must ensure that employees and applicants for employment are not discriminated against because of race, color, religion, sex, age or national origin.

A Bidder’s Bond from a reliable surety company licensed to operate in the State of Texas or certified Cashier’s Check, (Bid Security) payable without recourse to the City of McAllen, for the amount of not less than five percent (5%) of the total bid shall be submitted via a sealed envelope as a guaranty that if awarded the contract, the bidder will enter into a contract with the City of McAllen. The Bidder’s bid security shall be submitted before the above-mentioned electronic bid opening date and time. Failure to submit the bid security shall be grounds for disqualification.

Original Bid Security shall be delivered in a sealed envelope and clearly marked as follows: BID

SECURITY FOR PROJECT NO. 09-26-C42-646 29TH STREET & JORDAN ROAD DRAINAGE

IMPROVEMENTS (CDBG FUNDED)

Hand-deliver Bid Security or if using Land Courier (i.e., FedEx, UPS): 1300 Houston Avenue; Attn:

Purchasing & Contracting Department; McAllen, Texas 78501 Mail Bid Security: P.O. Box 220, McAllen, TX 78505-0220

The City of McAllen reserves the right to refuse and reject any or all Bids and to waive any or all formalities or technicalities, or to accept the Bid considered the best value to the City, and to hold the bids for a period of sixty (60) days without taking action.

Applicable Product Categories: 91327 Construction, Highway and Road; 91339 Construction, Pipe Culver; 91340 Construction, Pipeline; 91345 Construction, Sewer and Storm Drain; 91356 Construction, Utility/Underground Projects; 91378 Maintenance and Repair, Pipeline (Includes Removal and Relocation); 91381 Maintenance and Repair, Sewer and Storm Drain (Including Removal)

CITY OF MCALLEN – PURCHASING & CONTRACTING DEPARTMENT

INFORMATION TO BIDDERS

1. SUBMITTAL OF BID

Sealed Bids shall be submitted electronically through the City of McAllen’s bidding portal:

https://mcallen.procureware.com. Each bid must be completely filled out and include all required supporting documentation. Bids submitted by e-mail, facsimile (fax), original/hard-copies and/or late submittals will NOT be accepted. Submittal of a bid in response to this solicitation constitutes an offer by the Bidder, and if accepted by the City of McAllen, a contract. Bids which do not comply with these specifications may be rejected at the option of the City. Bids must be electronically received by the City of McAllen on or before the submittal deadline.

2. ELECTRONIC BID SUBMITTAL INSTRUCTIONS:

Bidders must go online to the City’s Bidding Portal (https://mcallen.procureware.com/) to submit bid response. Bidders are asked to read the Welcome Screen (PDF document) and register if they have not done so previously. Once on the bidding portal, follow the steps below to enter the electronic bid:

I. Click on, “Bids” located on left-hand column.

II. Find the applicable project and click the, “Project Number”

III. Click on, “Response” tab.

IV. In the “Questions” tab, upload required scanned documents into the bid portal by clicking

“Choose File” for each item.

V. Click on, “Pricing” tab and enter a Unit Price for each pricing item. A “Comment” field is available if needed.

VI. Once both the Questions and Pricing information has been entered, the yellow “Question

Response and Pricing Response” information messages will change from incomplete to complete. Then the “Submit” button will become available.

VII. Click “Submit Bid” button and review the terms and agreements Popup Window that appears.

If you agree to the terms and conditions, click the “I Accept and Submit this Bid” button.

VIII. If you want to remove your bid, click the red, “Withdraw Bid” button in the “Response” tab.

The City may consider non-responsive any bid not prepared and submitted in accordance with the provisions herein and may waive any formalities and/or technicalities, or reject any and all bids.

3. BID SECURITY (BID BONDS/CASHIER’S CHECK)

The bidder is specifically advised that the bid must be accompanied by a bid security in the form of a certified cashier’s check or a bid bond from a reliable surety company licensed to operate in the State of Texas totaling five percent (5%) of the greatest amount bid, as a guaranty that if awarded the bid, the successful contractor will enter into a contract with the City of McAllen. The bid securities will be returned promptly after the successful contractor has entered into a contract with the City of McAllen. If no award has been made within sixty (60) days after opening of bids, bid securities will be returned accordingly.

Original Bid security must be submitted in a sealed envelope marked in the upper left-hand corner with the name of Bidder and Title of Project.

Hand-deliver Bid Security or if using Land Courier (i.e., FedEx, UPS):

1300 Houston Avenue, Purchasing & Contracting Department (3rd Floor), McAllen, Texas 78501

Mail Bid Security: P.O. Box 220, McAllen, TX 78505-0220

INFORMATION TO BIDDERS continued:

4. PAYMENT AND PERFORMANCE BONDS

The successful contractor shall furnish a Payment Bond and Performance Bond in the amount of 100% of the contract sum, within ten (10) working days from letter of award of contract and upon the forms which are attached hereto. The Payment and Performance Bonds shall be from an approved surety company authorized to do business in the State of Texas (and acceptable according to the latest list of companies holding certificates of authority from the United States Department of the Treasury) and acceptable to Owner.

4.1 A Payment Bond is required if the Contract Sum is $50,000 or over. The payment bond is to be for the Contract Sum and is payable to Owner solely for the protection and use of payment bond beneficiaries.

4.2 A Performance Bond is required if the Contract Sum is $50,000 or over. The performance bond is to be for the Contract Sum and is solely for the protection of Owner to guarantee the faithful performance of the Work in accordance with the Contract Documents. The performance bond shall be effective through Contractor’s warranty period.

On all contracts that will equal to or exceed $50,000.00, the performance bond and the payment bond must be provided from a surety that has a rating of “A” from AM BEST, MOODY’S or STANDARD &

POORS.

5. BID FORMS

Bidders are advised that all bidders shall submit their bid utilizing only the forms that make up this bid package. Bids submitted utilizing other forms and/or formats will not be considered. If additional documents are required to be submitted as part of this solicitation, only submit PDF format documents.

Do not submit compressed (zip) files. Bidders must submit an electronic version of their bid through the City’s bidding portal at https://mcallen.procureware.com.

6. PREPARATION OF BID

Bids MUST give full firm name and address of bidder and be manually or electronically 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 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.

7. ALTERATIONS/AMENDMENTS

Bids CANNOT be altered or amended after opening time. No bid may be withdrawn after opening time without acceptable reason in writing and only after approval by the City of McAllen.

8. SUBSTITUTIONS

No substitutions or cancellations shall be permitted without written approval by City of McAllen.

9. SALES TAX

The City of McAllen is exempt from all Federal Excise Tax and the State of Texas Limited Sales Excise and Use Tax. STATE SALES TAX MUST NOT BE INCLUDED IN BID.

10. NO BID RESPONSE

If unable to submit a bid, no further action is required by bidder. However, all bidders are encouraged to examine their selected categories and revise if necessary.

11. COSTS FOR PREPARATION OF BID

The City of McAllen 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

12. FIRM PRICES

Unit prices for all items bid must be firm on bid opening date and continue to remain firm for the duration of the contract term. Bidders must make allowances for any and all peripheral costs associated with the Work. These allowances must be reflected in the unit prices bid per Work rendered. Bids having statements subject to unlimited price increase and/or addressing unknown charges above and beyond the unit prices quoted to the City of McAllen will not be considered and shall be looked upon as non-responsive. Bids submitted on the basis of “prices in effect at time of shipment, or with the potential of added costs based on market fluctuations and/or trends shall not be considered and shall be looked upon as non-responsive.

13. METHOD OF AWARD

Bidders are advised that the City of McAllen will award a Construction Contract based on “Lowest Responsive Responsible Bidder” meeting the requirements of the specifications. The City of McAllen may elect to award to the bidder who, in the opinion of the City of McAllen, is providing the best value for the City, as described in Local Government Code 252.043. All items will be evaluated and awarded individually or in any combination thereof. The City of McAllen’s decision shall be final.

14. CONTRACT TERMINATION CLAUSE

The parties agree that the City of McAllen reserves the right to terminate this contract in whole or in part, at any time, if in the opinion of the City of McAllen, the successful contractor’s performance is not acceptable, if the City is being repeatedly overcharged, improperly charged, or in the event that no funds are appropriated for this specific purpose, or if the City wishes, without cause, to discontinue/cancel this contract. If the City determines at the City’s sole discretion, that termination is in the City’s best interests, the City shall give written notice to the vendor/bidder/contractor of its intention to terminate, and the contract shall terminate after the expiration of thirty (30) days from the date of the written notice. After the expiration of the thirty (30) days and the termination of this contract, the City shall be relieved of any and all obligations and/or responsibilities arising from this contract including but not limited to the payment of any damages and/or penalties. Contractor shall be paid for products and/or services rendered and accepted in accordance with the contract for work performed up to the time of termination.

Performance by the City of McAllen under the Contract may be dependent upon the appropriation, allotment or allocation of funds by the federal government, the State of Texas, the Board of Commissioners for the City of McAllen or the Board of Trustees for the McAllen Public Utility (collectively the “City”). If the federal government, State of Texas, or the City fails to appropriate, allot or allocate the necessary funds, then City will issue written notice and the City may terminate this Contract without further duty, obligation, or liability, other than payment for goods and services already delivered or provided to City. Contractor acknowledges that appropriation, allotment, and allocation of funds are beyond the control of City.

14. CONTRACT TERMINATION CLAUSE, continued:

If the Contractor is adjudged as bankrupt, or if Contractor makes a general assignment for the benefit of its creditors, or if a receiver is appointed as a result of Contractor’s insolvency, or if Contractor is guilty of a substantial violation of the Contract, then the Owner may without prejudice to any other right or remedy terminate the Contract with the Contractor, after giving the Contractor and his Surety seven (7) working days’ written notice, and take possession of the premises and of all materials, tools, equipment and other facilities installed on the work and paid for by the Owner, and finish the work by whatever method Owner may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the Contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. If the expense of finishing the work shall exceed such unpaid balance to the Contractor, the Contractor shall pay the difference to the Owner.

15. TIME ALLOWED FOR ACTION TAKEN

The City may hold the bids received for up to sixty (60) days after bid submittal deadline without taking action. Bidders shall be required to hold their bids firm for the same period of time.

16. RIGHT TO WAIVE

The City of McAllen reserves the right to waive or take exception to any part of these specifications when in the best interest of the City of McAllen.

17. RIGHT TO REJECT/AWARD

The City of McAllen reserves the right to refuse and 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 McAllen.

18. PAST PERFORMANCE

Bidders are advised that past performance, as it relates to product and/or service on Purchase/Service/Supply Contracts previously held with the City, shall be a factor in the evaluation and award of this Contract. Bidders that have not complied with their obligation(s) to the City of McAllen/McAllen Public Utility on previous projects will not be considered for award of this project. The City’s position on this matter shall be final.

19. INTERPRETATIONS

Any questions concerning the conditions and/or specifications with regards to this solicitation for bids shall be directed to the designated individuals as outlined in the Invitation to Bid. Such interpretations, which may affect the eventual outcome of this Invitation to Bid, 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 McAllen in accordance with paragraph entitled “Addenda”.

20. ADDENDA

Bidder shall carefully examine the solicitation documents, pricing forms, plans, specifications, visit the project site, and fully inform themselves as to all conditions and matters which can in any way affect the work or cost thereof. Should the bidder find discrepancies in, or omissions from pricing forms, solicitation documents, or other documents, or should bidder be in doubt as to their meaning, bidder should request clarification by posting their questions on the City’s bidding portal under the tab labeled “Clarifications” under the applicable project number 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

20. ADDENDA, continued:

solicitation and contract documents. Said Addenda shall be posted in the bidding portal. All Addenda issued in respect to this project shall be considered official changes to the original solicitation 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. Bidder’s signature on Addenda shall be interpreted as the respondent’s “recognition and compliance to” official changes as outlined by the City of McAllen 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 Contractor/Bidder from its terms and requirements. Addenda are available online at https://mcallen.procureware.com/.

21. OMISSIONS

At the time of the submittal deadline, each bidder will be presumed to have read and to be thoroughly familiar with the requirements of the solicitation. The failure or omission of any bidder to examine any form, instrument, or contract document shall in no way relieve any bidder from any obligation in respect to their bid.

22. MATHEMATICAL ERRORS

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

23. PUBLIC INFORMATION

All information, documentation, and other materials submitted in response to this solicitation are considered non-confidential and/or non-proprietary and are subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter 552.001, et seq.) after the solicitation is completed. Any information deemed to be confidential by the bidder, including trade secrets, should be clearly noted on the pages where confidential information is contained.

24. 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. (To include issues related to health, environmental, and safety to name a few.)

25. ANTI-LOBBYING PROVISION

During the period between bid submission date and the contract award, bidders, including their agents and representatives, shall not directly discuss or promote, verbal or written, their bid with any member of the City Commission, Bridge Board members directly or indirectly through others, seek to influence any City Council member, City staff, or City’s Contractor(s) regarding any matters pertaining to this solicitation, except as herein provided. If a representative of any Bidder violates the foregoing prohibition by contacting any of the above listed parties with whom contact is not authorized, such contact may result in the Bidder being disqualified from the procurement process. Any oral communications are considered unofficial and non-binding with regard to this solicitation. Violation of this provision may result in the rejection of the bidder's bid, except in the course of City-sponsored inquiries, briefings, interviews, or presentations.

26. ANTI-COLLUSION STATEMENT

The respondent shall submit a Non-Collusion affidavit affirming that the bidder has not in any way directly or indirectly, colluded, conspired, or agreed with any other person, firm, corporation, respondent or potential respondent to the amount of this bid or the terms or conditions of this bid. Paid or agreed to pay any other person, firm, corporation respondent or potential respondent any money or anything of value in return for assistance in procuring or attempting to procure a contract or in return for establishing the prices in the submitted bid or the bid of any other respondent.

27. 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 McAllen not later than the seventh (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 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 .

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.

28. HOUSE BILL (HB) 1295 (Certificate of Interested Parties – Form 1295) Please be advised that in 2015, the Texas Legislature adopted House Bill 1295 (H.B. 1295). For contracts entered into on or after January 1, 2016, Texas Government Code Chapter §2252.908 (H.B. 1295) provides that a Texas governmental entity or state agency may not enter into a contract that either (1) requires an action or vote by the governing body of the entity or agency or (2) has a value of at least $1 million, 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 Texas Ethics Commission (Commission) has adopted a certificate of interested parties form (Form 1295) and adopted rules requiring the business entity to file Form 1295 electronically with the Commission.

Information from the Commission regarding the requirements, including rules and filing information, are available on the Commission’s website at the following links:

https://www.ethics.state.tx.us/filinginfo/1295 https://www.ethics.state.tx.us/data/filinginfo/1295Changes.pdf https://www.ethics.state.tx.us/resources/FAQs/FAQ_Form1295.php

As a business entity under this law, it is your firm’s responsibility to comply with all disclosure laws including Chapter 2252. The City of McAllen, as the governmental entity, must ensure compliance of the same.

Note: You will be required to register and create an account. Once registered, you will receive an email containing a password setup link. Click on the link to set your password. After you have established an account, you will use your email address, password, and user type (Business Entity) to log in to the filing

28. HOUSE BILL (HB) 1295 (Certificate of Interested Parties – Form 1295), continued:

application to enter the required information on Form 1295. Print a copy of the completed form which includes a unique certification of filing number assigned by the application. An authorized agent of the business entity must sign the form affirming under the penalty of perjury that the completed form is true and correct. The completed, printed, and signed Form 1295 bearing the unique certification of filing number must be submitted at the time the signed contract is submitted to the City of McAllen/McAllen Public Utility. Failure to comply may result in contract revocation and award to the next compliant contractor/vendor.

29. DISCLAIMER

While all precautions have been taken to ensure that documents on the bidding portal will not interfere with or cause damage to your system or its existing data, the City of McAllen accepts no responsibility for damages that may be caused by these documents and makes no other warranty or representation, neither expressed nor implied, with respect to these documents. These documents are provided “as is” and you, the user, assume the entire risk when you use them.

30. LIMITATION OF LIABILITY

Vendors that use the services available through the bidding portal agree that the City of McAllen shall not be liable for any loss of profits, loss of time, interruption of business, or indirect, special, incidental, or consequential damages of any kind whether under this agreement or otherwise due to vendor’s use of this system.

31. WAIVER

Due to the electronic transmissions, the City of McAllen does not guarantee nor will it be liable for the accuracy of what is read or what is downloaded.

32. NON-APPROPRIATION CLAUSE

In the event that no funds are appropriated for this specific work, the City of McAllen reserves the right to cancel/terminate this contract. The City of McAllen shall be relieved of any and all responsibilities and/or obligations, without penalty(ies) of any sort. The vendor shall be notified in written form of the City of McAllen’s intent to cancel/terminate said contract due to non-appropriated funds.

33. NON-DISCRIMINATION/DRUG FREE

The successful Respondent will comply with all federal and state requirements concerning fair employment and will not discriminate by reason of race, color, age, religion, sex, national origin or physical handicap. The successful Respondent shall provide evidence in form and substance, to the City of McAllen of maintaining a drug free working environment.

34. INSURANCE REQUIREMENTS

During execution of Contracts, the successful Prime Contractor shall provide a Certificate of Insurance made to the City of McAllen, P.O. Box 220, McAllen, TX 78505-0220, (1300 Houston, McAllen, Texas 78501) and should reference the project number and project Name. The prime contractor shall ensure that any and all subcontractors and/or lower-tier subcontractors comply with the insurance requirements as depicted herein. Such coverage(s) shall be acquired and maintained, for the duration of the contract period.

(See Section 27 Insurance Requirements of the General Conditions of Contract for additional information.)

35. PROTEST PROCEDURES

A. DEFINITIONS

As used in this section – “Day” means a business day, unless otherwise specified.

“Filed” means the complete receipt of any document by an agency before its close of business.

Documents received after close of business are considered filed as of the next business day.

Unless otherwise stated, the City of McAllen’s close of business is presumed to be 5:00 p.m., local Central time.

“Interested party for the purpose of filing a protest” means an actual or prospective bidder/offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract.

“Protest” means a written objection by an interested party to any of the following:

(1) A solicitation or other request by an agency for offers for a contract for the procurement of construction, commodities and/or services.

(2) An award or proposed award of the contract.

B. RIGHT TO PROTEST:

An interested party has the right to formally contest a solicitation and/or contract award.

C. ADMINISTRATION:

Protests shall be administered by the Purchasing and Contracting, in conjunction with the City Manager’s and City Attorney’s Office.

D. PROCEDURES:

Formal protest procedures for construction, purchase of goods, and services in excess of $100,000 or in excess of $25,000 for professional services are as follows:

E. PROTEST OF SOLICITATION

(1) Any prospective bidder proposer may file a protest with the Director of Purchasing and Contracting regarding the solicitation process. This includes all protests relating to advertising of notices, deadlines, bid openings, and all other related solicitation procedures under the Texas Local Government Code, as well as any protests relating to alleged improprieties or ambiguities in the specifications or contract documents.

(2) To begin a protest, the proposer must first file a written "Notice of Intent to File a Protest” with the Director of Purchasing and Contracting within three (3) days after the request for proposals, request for sealed bids or request for statement of qualifications is published in a newspaper of general circulation. The proposer may file the Notice with the City by personal delivery, facsimile, electronic mail or U.S.

mail, return receipt requested. A “Notice of Intent to File a Protest” is considered filed when received by the Director of Purchasing and Contracting.

(3) Within five (5) days after the Notice of Intent to File a Protest is filed; the proposer must file a “Written Protest” that conforms with Section (C) below with the Director of Purchasing and Contracting. A written notice is considered filed when received by the Director of Purchasing and Contracting.

35. PROTEST PROCEDURES continued:

(4) A proposer need not file a bid, statement of qualifications or proposal in order to protest a solicitation.

F. PROTEST OF AWARD

(1) A proposer may file a protest in connection with the recommended award of a contract with the Director of Purchasing and Contracting. Such protest may only be made by an actual proposer for the contract, and (2) who claims to be the rightful awardee. The grounds for such protest are limited to: (1) errors made in computing the score or ranking of proposer(s) (this does not include the formula used for assigning points or the relative weight of the evaluation criteria); (2) disagreement with City Staff award recommendations; or (3) the City’s failure to follow procedures established in the bid, the City’s Purchasing Policy or applicable federal and state laws or regulations. Protests not based on these criteria shall not be considered.

(2) To begin a protest, the proposer must first file a written “Notice of Intent to File a Protest” with the Director of Purchasing and Contracting within two (2) days after receipt by the proposer of the notice of the City Manager’s recommendation for award of contract, on in the case of Construction Contracts, within two (2) days after receipt by the bidder of the notice of the City’s determination of non-responsiveness, non-responsibility or non-compliance. The proposer may file the Notice with the City by personal delivery, facsimile, electronic mail or U.S. mail, return receipt requested. A Notice of Intent to File a Protest is considered filed when received by the Director of Purchasing and Contracting.

(3) Within five (5) days after the notice of intent to protest was filed, the proposer must file a “written protest” that conforms with Section (C) below with the Director of Purchasing and Contracting. A written notice is considered filed when received by the Director of Purchasing and Contracting.

G. SPECIFIC FACTS OF PROTEST

The written protest shall:

(1) Include the name of the business being represented, name of protestor and/or contact person, title of the protestor/contact person, business address, telephone, and facsimile number(s);

(2) Identify the contracting activity and the project number of the solicitation, if any, and if a contract has been awarded, the contract number, if applicable;

(3) State with particularity the specific facts and grounds upon which the protest is based

(4) Include supporting exhibits, affidavits, documents or other evidence to substantiate the protest;

(5) Specify the relief or corrective action requested; and

(6) Be accompanied by the required filing fee as provided in the Section (H.)

The above shall form the basis for the review of the protest and no facts, grounds, documentation, or evidence not contained in the protester’s submission to the Director of Purchasing and Contracting at the time the protest is filed shall be permitted in the consideration of the protest.

H. FILING FEE

(1) The written protest must be accompanied by a filing fee in the form of a money order or cashier’s check payable to the City of McAllen in an amount of:

i. in the case of a Protest of Solicitation, as indicated on the chart below; or

ii. in the case of a Protest of Award, based on the lowest responsive and responsible bid received by the City as indicated on the chart below

(OR AS MAY BE UPDATED FROM TIME TO TIME)

(2) The purpose of the filing fee is to cover the City’s cost for determining a protest.

(3) If a protest is upheld by the Director of Purchasing and Contracting the filing fee shall be refunded to the protestor less any costs assessed for determining the protest.

If the protest is denied, the filing fee shall be forfeited to the City.

I. STAY OF PROCUREMENT DURING PROTEST

Upon receipt of a protest filed pursuant to the requirements of this policy, the City, in its discretion, may elect not to proceed further with the solicitation or with the award of the contract until the protest is resolved by the Director of Purchasing and Contracting.

J. COSTS

All costs accruing from a protest shall be assumed by the protestor.

K. PROTEST DETERMINATION

The Director of Purchasing and Contracting shall review all information relevant to the protest and shall render a decision on the protest, with the advice of the City Manager and the City Attorney, in a prompt manner but not longer than thirty (30) days after the protest was received. The decision shall contain the action taken and the reason(s) for such action.

The decision shall be mailed via certified mail, return receipt requested, to the protestor at the address set forth in the protest. The decision rendered shall be final and no further action shall be considered or taken with respect to the protest, except as provided in Section (H).

L. PROTEST INVOLVING FEDERALLY FUNDED PROCUREMENTS

If the protest involves federal funds, the Director of Purchasing and Contracting shall accompany his respective decision with notice to the protestor of the right to appeal to the appropriate federal agency, which shall be identified by name and address. Such an appeal shall be filed with such federal agency within five (5) days of the protestor’s receipt of the rejection notice. An appeal to the appropriate federal agency shall conform to that agency’s rules of procedure governing protests.

ESTIMATED CONTRACT AMOUNT SUGGESTED

FILING FEE

ABOVE $5 MIL $5,000.00

BETWEEN $2 MIL & $5 MIL $3,000.00

BETWEEN $501K & $2 MIL $2,000.00

BETWEEN $251K & $500K $1,000.00

BETWEEN $25K & $250K $500.00

M. COMPLIANCE WITH FILING REQUIREMENTS

The procedures and time limits set forth in this Policy are mandatory and are the proposer’s sole and exclusive remedy in the event of protest. Failure to comply with these procedures shall constitute a waiver of any right to further pursue the protest, including the filing of legal proceedings seeking administrative or judicial relief.

36. REQUEST FOR TAXPAYER INDENTIFICATION NUMBER AND CERTIFICATION

Bidder must submit fully completed and executed IRS Form W-9 as part of their bid submittal in the “Questions” tab of the bidding portal. Refer to www.irs.gov/FormW9 for current revision, instructions, and the latest information.

37. VET HUB CERTIFICATION

State Certified “VET HUB Vendor(s)” are asked to provide a copy of their certification, if they have not previously done so. Information to be emailed to the following email address: bids@mcallen.net.

38. LCP TRACKER

When bidding on federally funded projects, the City of McAllen shall require contractors to submit Certified Payroll Reports (CPRs) electronically via LCP Tracker software. This online CPR submission platform will be administered by the Purchasing and Contracting Department, which will set up access for awarded vendors. The prime contractor shall ensure that all lower-tier subcontractors submit CPRs electronically through the same platform and is responsible for overseeing and ensuring subcontractor compliance with all applicable certified payroll reporting requirements.

END OF SECTION

BID FORM

PROJECT NO. 09-26-C42-646

29TH STREET & JORDAN ROAD DRAINAGE IMPROVEMENTS (CDBG

FUNDED)

TO: OWNER

The undersigned, as bidder, declares that the only person or parties interested in this bid as principals are those named herein and that this bid is made without collusion with any other person, firm or corporation; the bidder has carefully examined the Bid Notice, Information to Bidders, Form of Agreement, General and Supplemental General Conditions, Special Provisions, Technical specifications and the plans thereon referred to and has carefully examined the locations, conditions, and classes of materials of the proposed work; and Bidder agrees that if awarded the Contract, bidder shall provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed therein and according to the requirements of the Engineer/Architect as therein set forth.

It is understood that the following quantities of work to be done at unit prices are approximate only and are intended principally to serve as a guide in evaluating bids.

It is further agreed that the quantities of work to be done at unit price and materials to be furnished, may be increased or diminished as may be considered necessary, in the opinion of the Engineer/Architect, to complete the work fully as planned and contemplated, and that all quantities of the work, whether increased or decreased, are to be performed at the unit prices set forth below except as provided for in the specifications.

It is further agreed that lump sum prices may be increased to cover additional work ordered by the Engineer/Architect, but not shown on the plans or required by the specifications, in accordance with the provisions of the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered.

The undersigned agrees, unless hereinafter stated otherwise to furnish all materials as shown and specified in the Plans and Specifications.

A bid security in the amount of five percent (5%) of the Total Bid must be submitted in compliance with the Information to Bidders.

It is understood that in the event the successful bidder fails to enter into the Form of Agreement and/or furnish an acceptable Payment and Performance Bond, each in the amount of one hundred percent (100 %) of the Contract Sum, within ten (10) working days of the Letter of Award, the successful bidder shall forfeit the bid security and the bid security shall become the property of the City of McAllen, TX.

It is understood that the City may consider non-responsive any bid not prepared and submitted in accordance with the provisions herein and may waive any formalities and/or technicalities, or reject any and all bids.

THIS PAGE MUST BE UPLOADED INTO

THE BIDDING PORTAL & MADE PART

OF YOUR BID SUBMITTAL

BID FORM Continued:

The following table describes the bid items and quantities reflected on the official bid form maintained on the City’s bidding web portal. Do not enter bid amount in this table. Refer to the Information to Bidders (Pages B-1 and B-2) for instructions on how to submit electronic sealed bids. (BIDDERS ARE ASKED

TO CHECK THEIR BID AMOUNT SUBMITTALS IN AN EFFORT TO AVOID DISCREPANCIES).

BID ITEM DESCRIPTION AND QUANTITIES ARE APPROXIMATE ONLY:

Item No. Type Description Unit Of Measure Qty

DRAINAGE IMPROVEMENTS

101 BASE 24-IN RCP (CL III); COMPLETE IN PLACE LF 100

102 BASE GRATE INLET (TY CC); COMPLETE IN PLACE EA 2

103 BASE GRATE INLET; MODIFICATION TYPE "CC"; CAST-IN-

PLACE (SLOPE INTERCEPTOR) EA 2

104 BASE

GRATE INLET MODIFICATION; INCL. REINFORCED

CONCRETE APRON & 24-IN DOMED GRATE; COMPLETE

IN PLACE

LS 1

105 BASE TIE-IN TO EXISTING STORM SEWER SYSTEM;

COMPLETE IN PLACE EA 2

106 BASE

JUNCTION BOX (7-FT X 7-FT)TYP M ; COMPLETE IN

PLACE; INCLUDES COLLARS

EA 2

107 BASE

DRIVEWAY CULVERT; 15-IN; RCP (CL III); TONGUE &

GROVE; COMPLETE IN PLACE

LF 136

108 BASE

PRE-CAST 15-IN, 6:1 (H:V) SLOPED-END TREATMENT;

COMPLETE IN PLACE

EA 8

109 BASE

ROADSIDE SWALE CONSTRUCTION (EXCAVATION AND

GRADING)

LF 970

110 BASE TRENCH SAFETY SYSTEM LF 100

111 BASE

PERMANENT VEGETATIVE STABILIZATION; HYDRO-

SEEDING

AC 1

PAVING IMPROVEMENTS

201 BASE

REMOVE EXISTING ASPHALT PAVEMENT; 2-IN THK

(TYP)

SY 68

202 BASE FLEXIBLE BASE (8-IN) TY F, GR 4; COMPLETE IN PLACE SY 30

203 BASE

SUBGRADE (6-IN), LIME STABILIZED 2% BY WEIGHT;

COMPLETE IN PLACE

SY 30

204 BASE

HMAC (2-IN) TY D FINE SURFACE W/LIMESTONE

AGGREGATE; COMPLETE IN PLACE

SY 68

205 BASE

REINFORCED CONCRETE DRIVEWAYS; 6-IN THK;

COMPLETE IN PLACE

SY 123

206 BASE

CONCRETE SIDWALKS; ALL SIZES; COMPLETE IN

PLACE

SF 125

UTILITY IMPROVEMENTS

301 BASE

SEWERLINE ADJUSTMENT: INCLUDES ALL FITTINGS,

BENDS AND APPURTENANCES

EA 1

302 BASE

WATERLINE ADJUSTMENT: INCLUDES ALL FITTINGS,

BENDS AND APPURTENANCES

EA 1

THIS PAGE MUST BE COMPLETED, SIGNED

AND UPLOADED INTO BIDDING PORTAL &

MADE PART OF YOUR BID SUBMITTAL

Item No. Type Description Unit Of Measure Qty

MISCELLANEOUS IMPROVEMENTS

401 BASE

TRAFFIC CONTROL PLAN PREPARED BY LICENSED

PROFESSIONAL ENGINEER (TEXAS); FURNISH AND

MAINTAIN ALL DEVICES

LS 1

402 BASE TEMPORARY EROSION AND SEDIMENT CONTROL LS 1

403 BASE CONSTRUCTION STAKING & SURVEYING LS 1

Bidder hereby agrees to commence work under this contract within ten (10) working days after Notice to Proceed is issued by the City.

Bidder hereby agrees to complete work within [ENTER NUMBER OF CALENDAR DAYS IN QUESTIONS TAB OF BIDDING PORTAL]. [Number of days to complete work shall not exceed forty-five (45) calendar days.]

DATE: Respectfully submitted, BY:

(Signature)

(Type or Print Name of Authorized Signer)

(Title)

(Legal Company Name)

(Address)

(Phone Number) (Seal - If bidder is a Corporation)

(Fax Number)

(E-Mail)

SUPPLEMENT NO. 1 TO BID FORM: NON-RESIDENT BIDDER

NON-RESIDENT BIDDER: Non-resident bidder is a bidder whose principal place of business is not in the State of Texas but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in the State of Texas.

Nonresident Bidder: Yes No

If yes, does your state have a preference law?

Yes No

Percent (%) of preference

(Date)

(Authorized Signature)

(Type or Print Name)

(Title)

(Company)

(Address)

(Phone Number)

(Fax Number)

SUPPLEMENT NO. 2 TO BID FORM: BOND INFORMATION

(Form to be Executed & Submitted with Bid)

On all contracts that will equal to or exceed $50,000.00, the Performance Bond and the Payment Bond must be provided from a surety that has rating of “A” from AM BEST, MOODY’S STANDARD &

POORS.

MAIN COMPANY

AGENT’S NAME:

PLEASE TYPE/PRINT NAME

COMPANY NAME:

ADDRESS:

MAIN OFFICE

TELEPHONE NO.:

LOCAL COMPANY

AGENT’S NAME:

PLEASE TYPE/PRINT NAME

COMPANY NAME:

ADDRESS:

LOCAL MAIN OFFICE

TELEPHONE NO.:

PROJECT NO.:

PROJECT NAME:

CONTRACTOR:

SIGNATURE

PLEASE TYPE/PRINT NAME

COMPANY NAME

SUPPLEMENT NO. 3 TO BID FORM: NON-COLLUSION AFFIDAVIT

STATE OF _________________________

COUNTY OF _________________________

______________________________________, of lawful age, being first duly sworn, on oath says, that

(s)he is the agent authorized by the bidder to submit the attached bid. Affiant further states that the respondent/bidder has not been a party to any collusion among bidders in restraint of freedom of competition by agreement to purpose at a fixed price or to refrain from proposing; or with any state official, city employee, Board Trustee, or benefit consultant as to quantity, quality, or price in the prospective contract, or any other terms of said prospective contact; or in any discussions or actions between bidders, city employee, Board Trustee, or benefit consultant concerning exchange of money or other things of value for special consideration in the letting of this contract.

Signature

Subscribed and sworn to before me this ________ day of _______________, 20 .

Notary Public State of_______________________ My Commission Expires: ________

SUPPLEMENT NO. 4 TO BID FORM: CONFLICT OF INTEREST

QUESTIONNAIRE (FORM CIQ)

Refer to: https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf…