Purchase_of_SS-1_Emulsified_Asphalt.pdf

INVITATION FOR BID

2025-1

PURCHASE OF SS-1 EMULSIFIED ASPHALT

City of Edinburg

415 W. University Drive

Edinburg, TX 78541

RELEASE DATE: October 9, 2024

DEADLINE FOR QUESTIONS: October 21, 2024

RESPONSE DEADLINE: October 29, 2024, 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

INVITATION FOR BID

Purchase of SS-1 Emulsified Asphalt

I. Introduction II. Legal Notice

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

VI. Pricing Proposal

Attachments:

A - Rules for Electronic Bidding

B - ARPA_Contract_SS-1_Emulsified_Asphalt_Agreement

Invitation For Bid #2025-1 Title: Purchase of SS-1 Emulsified Asphalt

1. Introduction

1.1. Summary

You are invited to submit a sealed bid for the purchase of CONSTRUCTION MATERIALS (SS-1 Emulsified

Asphalt) as requested by the City of Edinburg Streets Department.

1.2. Background

The city of Edinburg reserves the right to extend this contract for Two (2) additional years in One (1) year increments, if the performance of the successful vendor is satisfactory and the unit prices remain unchanged.

1.3. Contact Information

Vincent Romero

Director of Public Works

1201 N. Doolittle

Edinburg, TX 78539

Email: vromero@cityofedinburg.com

Phone: (956) 388-8210

Department:

Public Works

Department Head:

Vincent Romero

Public Works Director

1.4. Timeline

Release Project Date October 9, 2024

Pre-Proposal Meeting (Non-Mandatory) October 15, 2024, 10:00am

Join Zoom Meeting https://cityofedinburg.zoom.us/j/81099313613?p wd=C9i7uNR78W8V2vEXQH9U6CuOFEGvRx.1

Meeting ID: 810 9931 3613

Passcode: 619267

Question Submission Deadline October 21, 2024, 3:00pm

Proposal Submission Deadline October 29, 2024, 3:00pm mailto:vromero@cityofedinburg.com tel:(956)388-8210 https://cityofedinburg.zoom.us/j/81099313613?pwd=C9i7uNR78W8V2vEXQH9U6CuOFEGvRx.1 https://cityofedinburg.zoom.us/j/81099313613?pwd=C9i7uNR78W8V2vEXQH9U6CuOFEGvRx.1

2. Legal Notice

2.1. Notice to Respondents

The City of Edinburg is soliciting sealed bids from qualified vendors for Purchase of SS-1 Emulsified

Asphalt.

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

3:00 pm, Tuesday, October 29, 2024.

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

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

Room, at 415 W. University Dr., Edinburg, TX 78539, at 3:00 pm, Tuesday, October 29, 2024.

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

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

If a Bidder chooses to submit a Hard Copy Bid, it must be delivered in a sealed envelope with a return address and clearly marked “City of Edinburg Bid No. 2025-1" to the City Secretary's Office prior to the

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

Submit 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. 2025-1

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 3:00 pm on Monday, October 21, 2024.

The City of Edinburg reserves the right to reject any or all bids and to waive informalities or technicalities and to accept the Bid deemed most advantageous to the City, and hold the proposal for a period of 60 days without taking action.

Bidder 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.

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

REGISTERED and ACTIVE in the System for Awards Management (SAM) database at the time a bid or proposal is submitted. Respondents must certify that they have active registration status with SAM.gov and must submit the entity’s Unique Entity Identification (UEI) Number with the bid/proposal documents as instructed. Immediately after the bid opening takes place, the City will enter the respondent's UEI number (if provided) into the SAM database. If the respondent is not in ACTIVE status on the database, or if the respondent did not provide a UEI with its bid/proposal, the bid will be deemed non-responsive and disqualified from consideration of award. Entity registration may be completed at www.sam.gov. All contractors and/or subcontractors who are debarred, suspended, or otherwise excluded from or ineligible for participation on federal assistance programs may not undertake any activity in part or in full under this project.

https://www.sam.gov/

3. Instructions, Terms and Conditions

3.1. General Instructions

PURPOSE

The purpose of these solicitation documents is to provide a Bid for: Purchase of SS-1 Emulsified Asphalt

INTENT

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

SUBMITTAL OF "HARD COPY" BID

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

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

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

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

TIME ALLOWED FOR ACTION TAKEN

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

RIGHT TO REJECT/AWARD

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

ASSIGNMENT

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

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

AWARD

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

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

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 Bids, if so stated in the Request for Bids. 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 Bid.

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 BID

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

NO RESPONSE TO BID

If unable to submit a Bid, bidder should return inquiry giving reasons.

LIST OF EXCEPTIONS

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

PAYMENT

The City of Edinburg will execute payment by mail in accordance with the State of Texas Pay Law after

ITEMS 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 ITEMS is used, its meaning shall refer to the request for Purchase of

SS-1 Emulsified Asphalt as specified.

RESPONDENT’S EMPLOYEES

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

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

INDEMNIFICATION CLAUSE

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

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

INTERPRETATIONS

Any questions concerning the project and/or specifications/requirements with regards to this solicitation for Bids shall be directed to the e-procurement portal as outlined in the Bid. Such interpretations, which may affect the eventual outcome of this request for Bids, shall be furnished in writing to all prospective 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.

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

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

CONFIDENTIAL INFORMATION

Any information deemed to be confidential by the 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

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

JURISDICTION

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

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

County, Texas.

RIGHT TO AUDIT

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

VENUE

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

CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS

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

271.9051 of the Local Government Code.

CONFIDENTIALITY OF INFORMATION AND SECURITY

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

TERMINATION OF CONTRACT

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

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

ADDENDA AND MODIFICATIONS

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

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

BID Submittal if submitting a Hard Copy Solicitation. Electronic submittals should be acknowledged through OpenGov. Bid(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 bidder to receive any such addendum or interpretation shall not relieve such Bidder from its terms and requirements. The City may issue a written addendum no later than five (5) calendar days prior to the date bids must be received. Addendums are available online at https://procurement.opengov.com/portal/cityofedinburg

BID PREPARATION COSTS

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

EQUAL EMPLOYMENT OPPORTUNITY

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

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

AUTHORIZATION TO BIND RESPONDENT TO BID

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

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

Individual Bidder shall state in the 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.

COOPERATIVE PRICING

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

ETHICAL STANDARD

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

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

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

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

MISDEMEANOR.

3.2. INSURANCE REQUIREMENTS

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

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

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

Minimum Insurance Requirements

Type of Coverage Limits of Liability

Worker’s Compensation Statutory Coverage

Comprehensive General Liability

(City named as additional insured)

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

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

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

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

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

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

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

Minimum Insurance Requirements

Type of Coverage Limits of Liability

Worker’s Compensation Statutory Coverage

Employer’s Liability Bodily Injury by Accident:

$100,000 each accident

Bodily Injury by Disease:

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

Comprehensive General Liability

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

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

Comprehensive Auto Liability

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

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

City’s Protective Liability

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

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

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

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

3.3. MARKET VOLATILITY AND UNIT PRICE ADJUSTMENTS

The City of Edinburg recognizes that during periods of national crisis and unstable economic conditions, unforeseen price increases might affect costs for goods and services contracted on an annual basis. The following procedure may be employed to mediate price volatility:

1. Requesting Price Adjustment: Upon written request of the Vendor to the City, the City may review evidence of prevailing industry-wide market conditions that warrant an adjustment in Materials prices contained in this Agreement. Such written request must contain at least the following:

▪ Vendor must tie any price change to an industry-wide or otherwise nationally recognized index, or some other form of verifiable document.

▪ Vendor must include a certified copy of the supplier's advisory or notification to the vendor of the price changes.

▪ The Vendor must put the City’s Purchasing Manager on the mailing lists for such

Publications so that the Purchasing Manager can monitor said changes, such membership shall be at no cost to the City of Edinburg.

2. City's Review and Determination: The City retains the sole and absolute discretion to determine whether to accept any proposed price adjustment. Vendor shall not adjust pricing without written authorization from the City in the form of an amendment to this Agreement. If the City agrees to a price adjustment, such adjustment shall apply to orders made after written authorization required in this

Section. For the avoidance of doubt, agreed upon price adjustments shall not apply to orders in process at the time of the adjustment.

3. Price Reductions: Vendor shall notify the City of Edinburg at the time when the Vendor's costs for items and/or supplies reduce due to stabilization in the market at which time prices for items on this contract shall be reduced accordingly. Failure by the Vendor to notify the City of a decrease in costs for items and /or supplies for which the Vendor was granted a price adjustment shall entitle the City to impose a set-off against payment equal to the difference between the amount charged and the original contract price. In addition to the right of set-off, the City may also immediately terminate this

Agreement.

4. Timeframe for Adjusted Price Increases: Price increases are only valid for the quarter in which they are requested and approved. Prices shall return to the original contract price at the beginning of the following quarter unless Vendor notifies the City of Edinburg in writing within ten (10) days of expiration of the quarter in which the price increase is in effect that it desires to have the price increase continue or that the Vendor is requesting a different price increase for the following quarter. Such request must be supplemented with sufficient justification to demonstrate that the price increase remains necessary.

The City shall have sole and absolute discretion to grant the price increase extension, to deny the price extension, or to impose a new reasonable price based on the information available to the City.

5. Allowable Review Periods: Price adjustment reviews may only be requested by the Vendor on a quarterly basis. However, the City may at its own discretion, conduct temporary price adjustment reviews at any time. The City will have the right to review, audit, and/or examine any books, documents, papers, records or invoices that relate to Vendor’s performance under this Agreement. Such review, audit, or examination shall occur at any reasonable time and upon at least one (1) day’s prior written notice to Vendor. To the extent reasonably possible, Vendor shall make all such records available in electronic form or otherwise available to be accessed through the internet.

6. Price Changes Limits: Notwithstanding the foregoing, no price adjustment shall exceed 25% of the original contract price.

D. City is entitled to impose a set-off against payment based on any of the following:

a. Claims have been made against City based on Vendor’s conduct in the performance or furnishing of

Materials, or City has incurred costs, losses, or damages resulting from Vendor’s conduct in the performance or furnishing of Materials, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, and non-compliance with Laws and Regulations;

b. City has been required to remove or remediate a Hazardous Environmental Condition for which

Contractor is responsible;

c. Any Materials are defective, requiring correction or replacement;

d. City has been required to correct defective Materials or has accepted defective Materials;

e. Liens have been filed in connection with the Materials; or

f. Other items entitle City to a set-off against the payment amount

E. If City imposes any set-off against payment, City will give Vendor immediate written notice stating the reasons for such action and the specific amount of the reduction, and promptly pay Vendor any amount remaining after deduction of the amount so withheld. City shall promptly pay Vendor the amount so withheld, or any adjustment thereto agreed to by City and Vendor, if Vendor remedies the reasons for such action. The reduction imposed will be binding on Vendor unless it duly submits written notice contesting the reduction within 30 days of receiving City’s written notice.

F. All fees payable to Vendor under this Agreement shall be made in full, and without any withholding, deduction, or offset of any state or federal withholding taxes, FICA, SDI, or income taxes, nor shall the

City be obligated to pay any of Vendor’s employees’ taxes. Vendor hereby covenants and agrees that it shall be solely responsible for all taxes, withholding, FICA, SDI, and other similar items (both employee and employer portions) with respect to all fees paid by the City under this Agreement, and agrees to indemnify and hold the City harmless with respect to such taxes and withholding.

G. Vendor and its employees shall not be eligible for, participate in, or be entitled to compensation in lieu of any insurance, benefit, retirement, or other plan or program provided by the City to its employees.

4. Specifications

4.1. SS-1 Emulsified Asphalt

The SS-Emulsified Asphalt must comply with the following standards:

• ASTM D977: Standard Specification for Emulsified Asphalt

• AASHTO M 140: Standard Specification for Emulsified Asphalt

• Residue by Distillation: 57% minimum.

• Viscosity at 25°C (Saybolt Furol): 20-100 seconds

• pH Range: 6.5 to 8.0

4.2. Quantity & Delivery

Delivery - If your Bid is accepted and a contract is executed; you must be able to deliver the Goods and/or Services to Emulsion to be delivered to the Edinburg Service Center located at 1201 N. Doolittle

Rd., Edinburg Texas 78541.

Quantity – Based on the City’s needs quantities will range from 4,000-5,000 gallons. Proposed price must include freight, pump and hose charge.

*The contract is being awarded based on the UNIT PRICE, and quantities are only an estimate, subject to increase or decrease to accommodate changes in project scope, schedules, locations, and funding.

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. Emulsion Asphalt to be delivered to the Edinburg Service Centers location at 1201 N. Doolittle Rd., Edinburg, TX 78541*

☐ Please confirm

*Response required

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 General Questionnaire and upload here* Please download the below documents, complete, and upload.

• GENERAL_QUESTIONNAIRE.pdf

*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 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that a governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it:

1) does not boycott Israel; and

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

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.

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Please download the below documents, complete, and upload.

• SENATE_BILL_19_VERIFICATION...

*Response required

5.5.7. 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

*Response required

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

CERTIFICATE OF INTERESTED PARTIES (Form 1295)

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

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

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

☐ Yes

☐ No

*Response required

5.6. ARPA Required Certifications

5.6.1. Please fill out and sign the System for Award Management Unique Identity

Number (UEI#) for and upload.* https://government-project.s3.us-west-2.amazonaws.com/35171/d9b61aad-d5e5-43dd-9c94-7b21dba5c8bf_SENATE_BILL_19_VERIFICATION.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4P5SCDVSM%2F20241009%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20241009T170001Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEAkaCXVzLXdlc3QtMiJHMEUCIAYt6FiEJF8zjyIQYJPN7szRhgsXCwgNg2G2hyhEgXVyAiEAoEhj7Cbzps3PNBC5godrxZ7GMtBBtfq1iKKnOkvnnCsqgwUIYhACGgw4OTIzNjQ2ODc2NzIiDK4Gp%2BQMFi5pfQ9eNyrgBHCJ3rN5BCqr6Iofeg7KmVB8H5dUdQud1ihyM2kFf5l9I9%2BBjR2sCZCRcTFWymYK81bo1skwLrInlkB7M7sR6NUV9Be5begMBkAHoGanlNLPXmc%2BYW6WDtUGD7QS25I3VEFLdaRnaLUr7Z8SF7Jtug3BhasCRLqME%2FmPXKV4aOh7hA81MRBDkH8BZNrw5MAFNX1pZHA2O2jihWnZOf9LsZULMaEMkJtMTEI%2BGI4qSAaHnQ4BFJ7sgy8q%2F1yQFT9yuouUO4%2Fi8%2BkL2WwZnhX79q57gjK9K8DuDjjOUSBFjSg8ykwp9RNU53fWBX%2FwWQz0WyTvskkvZcNE%2B3bTbIyeG9Yg1mPtPrqkJAFCGDtcoitvZHi5pyTZRKarBF%2FdJO3dSG2r6NcU5hAzFjAREVhYnAHUcZcNNBOjAmoivU93X1YJ%2BO2lJUHJG1bh9rIr%2Bh7bjsqtCApihF2QYnQ77je09jSQ85L4P0LNQorDVwfviAy79fO7Pg2FLbSVcqnhlZONBGcT4kcJ9eyzb57eaLfYe16UjsCzzAqN1qVaJnJNwxZ7HXIkOrIVCVyFD7HR1450m%2BJ8w4HLcWdSlQ7%2F%2BqmVUsafo3xCL0NIMxAV9HQwDOKNiUTK4aBiKPN4u25HjgPweCBLy0RCkYr9h5Dc0OaxhdTHd3DL6qXDEbPrv3YtDsy1Q%2F9auu3p8EwLiH5GaewEjQKn3jcUMrOcM5nU63PXMKhDY3NpnxzbSAXc5wECirmxMdPP9JC25xDdee7X0jfKxKfMM0YqqZA4GBm7o%2BW8et8a7fMFxvMXPZXJEF%2BhiY9nMLHhmrgGOpsBfZpwk6511FC3wTT9MGbsLi0MNeQVR3hA7WmdHS1IiyVtyVp1Wek%2BLIQS8GpCFmL5D217%2BZkivAPfbObVWBIqJq8UnJX%2BFPxWotna7RC%2FtsFJ4kx2DJaMmr9uJ1djk6HpHRpiOOGCOrzfTuHp4YMmZv2MTRYy7A0lBl%2FhCsWHfpU8FUQKgkB7VKGAoqXAQPP%2FXckW6uhxgmy%2BVOQ%3D&X-Amz-Signature=e66494afb4a4726d934f4534c58d37435f3deccfe201a17b7f02c9175ddafbae&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22SENATE_BILL_19_VERIFICATION.pdf%22&x-id=GetObject https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf https://www.ethics.state.tx.us/filinginfo/1295/

Please download the below documents, complete, and upload.

• System_for_Award_Management...

*Response required

5.6.2. Please fill out and sign the Conflict of Interest Summary of Rules for Respondents and upload here.*

Please download the below documents, complete, and upload.

• Conflict_of_Interest.pdf

*Response required

5.6.3. Please fill out and sign the Certification of Bidder Regarding Equal Employment Opportunity and upload here.*

Please download the below documents, complete, and upload.

• Certification_of_Bidder_Reg...

*Response required

5.6.4. Please fill out and sign the Certification of Subcontractor Regarding Equal Employment Opportunity (if applicable) and upload here.

Please download the below documents, complete, and upload.

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