RFB 7584 Cement in Bulk.pdf

CITY OF CORPUS CHRISTI

FINANCE & PROCUREMENT

REQUEST FOR BIDS

(“RFB”)

Type 1 Cement in Bulk

RFB No. 7584

Release Date: August 31, 2026

Table of Contents

Section 1 – Notice of Request for Bids 1

Request for Bids __________________________________________________________________ 1

Term _____________________________________________________________________________ 1

Schedule _________________________________________________________________________ 1

Delivery Address and Procurement Officer ________________________________________ 1

Section 2 - Instructions to Bidders 2

2.1 Pre-bid Conference _______________________________________________________________ 2

2.2 Requests for Clarification (Questions and Answers) ________________________________ 2

2.3 Bid Requirements _________________________________________________________________ 2

2.4 Submission of Bid _________________________________________________________________ 4

2.5 Evaluation Factors ________________________________________________________________ 5

Section 3 - Conditions Governing the Procurement 6

3.1 RFB Procedural and Content Questions ___________________________________________ 6

3.2 Basis for Bid ______________________________________________________________________ 6

3.3 Terms and Conditions ____________________________________________________________ 6

3.4 Signing of Bids ___________________________________________________________________ 6

3.5 Cost of Bids ______________________________________________________________________ 6

3.6 Ownership of Bids ________________________________________________________________ 7

3.7 Disqualification or Rejection of Bids _______________________________________________ 7

3.8 Right to Waive Irregularities ______________________________________________________ 7

3.9 Withdrawal of Bids _______________________________________________________________ 7

3.10 Amending of Bids _________________________________________________________________ 7

3.11 Bid Offer Firm ____________________________________________________________________ 7

3.12 Bidder’s Qualifications ____________________________________________________________ 8

3.13 Exceptions to RFB Specifications __________________________________________________ 8

3.14 Consideration of Bids _____________________________________________________________ 8

3.15 City’s Reservation of Rights _______________________________________________________ 8

3.16 No Obligation _____________________________________________________________________ 8

3.17 Sufficient Appropriation ___________________________________________________________ 8

3.18 Recommendation for Award ______________________________________________________ 9

3.19 Service or Supply Agreement _____________________________________________________ 9

3.20 Execution of Contract _____________________________________________________________ 9

3.21 Disputes __________________________________________________________________________ 9

3.22 Contract Term ____________________________________________________________________ 9

3.23 Right to Publish___________________________________________________________________ 9

3.24 Public Information ________________________________________________________________ 9

3.25 Contractor’s Ethical Behavior ____________________________________________________ 10

3.26 Quantities _______________________________________________________________________ 10

3.27 Use of Subcontractors ___________________________________________________________ 10

3.28 Protest Procedure _______________________________________________________________ 10

3.29 Insurance Requirements _________________________________________________________ 12

Section 4 - Scope of Work 16

4.1 General Requirements/Background Information __________________________________ 16

4.2 Scope of Work ___________________________________________________________________ 16

4.3 Invoicing _________________________________________________________________________ 16

4.4 Contractor Quality Control and Superintendence __________________________________ 17

Section 5 – Bid Forms 18

Section 6 – Sample Agreement 1

Revised February 2026

Section 1 – Notice of Request for Bids Date Issued: August 31, 2026

Request for Bids The City of Corpus Christi (“City”) hereby issues this request for bids (“RFB”).

The City is seeking bids from firms interested and qualified in providing Type 1 Cement in Bulk.

Term The term of this contract will be for two years with two one year options.

Schedule The following is the schedule for this procurement:

Date/Time Activity August 31, 2026 Request for Bids issued September 9, 2026 at 11:00 AM CT Pre-Bid Conference September 16, 2026 by 5:00 PM CT Requests for Clarification from Bidders are due September 24, 2026 Responses to Requests for Clarification will be posted via Addendum in the City’s Supplier Portal

October 1, 2026 at 2:00 PM CT BIDS DUE/BID OPENING November 2026 Projected Date Award of Contract November 2026 Anticipated Notice to Proceed

Delivery Address and Procurement Officer

Erica A. Hernandez City of Corpus Christi – Finance and Procurement Department

1201 Leopard St., 1st Floor Corpus Christi, Texas 78401

Phone: (361) 826-3527 EricaH2@corpuschristitx.gov

Section 2 - Instructions to Bidders

2.1 Pre-bid Conference

A Pre-Bid Conference will be held as follows:

Date: September 9, 2026 Time: 11:00 AM CT Location: via WebEx

Instructions for WebEx meeting:

1) Type Webex.com in your browser window

2) When the WebEx site comes up, press “Join” in the upper right of the screen

3) Input meeting number (access code): 2664 616 7890

4) Input Meeting Password: 2c4sVy4bMgs

5) To join the meeting select join from your computer or use the selected call in numbers shown on the WebEx portal after logging in.

All bidders are highly encouraged to attend this online conference to learn more about the requirements of this solicitation.

2.2 Requests for Clarification (Questions and Answers)

All inquiries or requests regarding this RFB must be submitted to the Procurement Officer indicated above, or designee as specified in writing, and online, via the City’s Supplier Portal (Supplier Portal Information | City of Corpus Christi) using the electronic question submission feature specific to this RFB. Such inquiries or requests must be submitted by the due date and time for clarifications provided in this RFB.

Other employees do not have the authority to respond on behalf of the City, and any attempt to question other employees regarding this RFB may result in the City disqualifying that Bidder. Only written responses from the Procurement Officer or designee will be binding concerning inquiries requesting clarification or additional information. The Procurement Officer’s written responses will be released simultaneously to all prospective Bidders in the form of an Addendum. Bidders must acknowledge receipt of all Addenda.

2.3 Bid Requirements

A. The Bidder must have operated continuously for a minimum of three years as an established firm in providing Type 1 Cement in Bulk. The bidder must submit proof of the required experience with the bid.

B. The Bidder must not have any outstanding lawsuits nor have been involved in any lawsuits during the last five years that may materially affect its ability to provide the work described herein. Provide information on any lawsuits that would materially affect your ability to provide the work with your bid.

C. The Bidder must not have any outstanding regulatory issues nor had any regulatory issues during the last five years that may materially affect its ability to https://www.corpuschristitx.gov/department-directory/finance-procurement/contracts-and-procurement/supplier-portal-information/ https://www.corpuschristitx.gov/department-directory/finance-procurement/contracts-and-procurement/supplier-portal-information/ provide the work described herein. This includes payment of all required taxes.

Provide information on any outstanding regulatory issues that would materially affect your ability to provide the work with your bid.

D. The following are requirements for bidding:

1. References - On the two-page “REFERENCES” form provided in the bid, the Bidder must provide three current client references and three former client references (or as many current and former client references as Bidder has available) for which the same services have been provided. This information will be used to determine the extent to which the Bidder is able to provide the services described herein to an entity the size of the City of Corpus Christi, as well as the level of customer service exhibited by the Bidder.

2. Conflict of Interest Questionnaire - Bidder agrees to comply with Chapter 176 of the Texas Local Government Code which requires a person who enters or seeks to enter into a contract with the City of Corpus Christi to file a Conflict of Interest Questionnaire Form (Form CIQ) with the City of Corpus Christi City Secretary’s Office, if the Bidder has certain business and/or family relationships with officers of the City of Corpus Christi or has given any gifts exceeding $100 in the aggregate to an officer or a family member of an officer.

For more information on Form CIQ and to determine if you need to file a Form CIQ, please review the information on the City Secretary’s website at:

Conflict Disclosures | City of Corpus Christi

3. Disclosure of Interest - the City of Corpus Christi’s Code of Ordinances, Section 2-349, as amended, requires all persons and Bidders seeking to do business with the City to provide the Disclosure of Interest information on the City-supplied form included herewith. Every question must be answered. If the question is not applicable, answer with N/A. Bidders are obligated to provide updated information concerning the Disclosure of Interest, as warranted, for the duration of time the bids are under consideration.

4. Business Designation Form – Bidder shall complete, sign, and submit the

Business Designation Form in the Forms Section. The information requested is for statistical reporting purposes only.

5. Contractor’s Ethical Behavior Form - By submission of its bid, the Bidder promises that Bidder’s officers, employees, and agents will not attempt to lobby or influence a vote or recommendation related to the Bidder’s bid submitted in response to this RFB, directly or indirectly, through any contact with City Council members or other City officials between the date this RFB is released to the public and the date the City Manager or designee executes a Contract. Such behavior will be cause for rejection of the Bidder’s bid at the discretion of the City Manager or designee.

6. Form 1295 “Certificate of Interested Parties” (to be submitted if chosen for award) - Bidder must comply with Government Code Section 2252.908 and submit Form 1295 “Certificate of Interested Parties” upon notification that https://www.corpuschristitx.gov/department-directory/city-secretary/conflict-disclosures/

Bidder has been recommended for award. Form 1295 requires disclosure of “interested parties” with respect to entities that enter into contracts with cities.

These interested parties include:

a. persons with a “controlling interest” in the entity, which includes:

i. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock, or otherwise that exceeds 10 percent;

ii. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or

iii. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or

b. a person who acts as an intermediary and who actively participates in facilitating a contract or negotiating the contract with a governmental entity or state agency, including a broker, adviser, attorney, or representative of or agent for the business entity who has a controlling interest or intermediary for the business entity.

Form 1295 must be electronically filed with the Texas Ethics Commission at 1295 Filing Info. The form must then be printed, signed, and filed with the City. For more information, please review the Texas Ethics Commission Rules at Commission Rules Chapter 46. A sample copy of Form 1295 has been provided for reference only.

2.4 Submission of Bid

A. BIDDER SHALL SUBMIT ITS BIDS, AS INSTRUCTED HEREIN. All bids must be complete, accurate, and in the City-approved format specified herein.

B. BIDDER SHOULD SUBMIT ITS BID EITHER ELECTRONICALLY OR IN HARD-COPY,

AS INSTRUCTED IN THE RFB. IF SUBMITTING ELECTRONICALLY, SUBMIT VIA THE

CITY OF CORPUS CHRISTI SUPPLIER PORTAL AT:

(Supplier Portal Information | City of Corpus Christi)

C. The City of Corpus Christi allows Bidders to submit their bid via the Supplier

Portal. However, if the bidder prefers to submit a hard copy of the bid offer, the submittal shall be returned, as instructed in the RFB, in a sealed envelope marked on the outside with the RFB number and title, the bidder’s name, and address.

D. The City’s Procurement Policy requires that all bids submitted be sealed, secret, and unopened through the DUE DATE FOR BIDS specified in this RFB. Therefore, bids submitted directly to the City by facsimile machine (fax) or e-mail will be considered non-responsive and eliminated from consideration.

E. Bids must be received by the date and time specified in this RFB. Without exception, bids received after this deadline are late, and shall be deemed non-responsive and will not be considered. The City’s Contracts and Procurement physical and electronic time stamps will govern the cutoff time for accepting bids.

https://www.ethics.state.tx.us/filinginfo/1295/ https://www.ethics.state.tx.us/rules/commission/ch46.php https://www.corpuschristitx.gov/department-directory/finance-procurement/contracts-and-procurement/supplier-portal-information/ https://www.corpuschristitx.gov/department-directory/finance-procurement/contracts-and-procurement/supplier-portal-information/

F. Bids should not include taxes, as the City is tax-exempt. The City’s Tax Exemption

Certificate will be provided upon request.

G. Should there be any shipping involved in this bid, shipping shall be F.O.B.

destination and included in the pricing unless specifically listed as a bid item.

H. Any time stated in this RFB as a number of days shall be construed as calendar days.

I. If the bid indicates “or equal”, bid as specified in the RFB documents unless the City has approved alternate products in writing via Addendum.

J. Bids submitted on other than the City’s forms or with different terms and conditions not approved explicitly during the RFB process will be considered nonresponsive.

K. Both hard copy and electronic bids will be publicly opened and read aloud immediately after the date, time, and place at which bids are due. Bidders are welcome and encouraged to attend the bid opening via WebEx as follows:

Date: October 1, 2026 Time: 2:00 PM CT Location: Via WebEx

Instructions to participate are as follows:

1) Type https://web.webex.com/sign-in in your browser window

2) When the WebEx site comes up, press “Join” in the upper right side

3) Input meeting number: 2664 112 8079

4) Input meeting Password: pUQP2fPpJ54

5) To join the audio, select “Join” from your computer or use one of the selected call-in numbers shown on the WebEx portal after you’ve logged in.

2.5 Evaluation Factors

Lowest Responsive, Responsible Bidder The City will award purchase orders and contracts to the Lowest Responsive, Responsible Bidder. In determining the Lowest Responsive, Responsible Bidder, the City may consider the quality of the product, adaptability to the particular use required, and the ability, capacity, experience, efficiency, and integrity of the bidders, as well as their financial responsibility.

Bidders shall comply with the additional detailed instructions regarding submission of bids found in this RFB.

https://web.webex.com/sign-in

Section 3 - Conditions Governing the Procurement

3.1 RFB Procedural and Content Questions

A. Any Bidder requiring further clarification of the RFB procedures should submit specific requests for clarification to the Procurement Officer as described in this

RFB.

B. During a review of this RFB and preparation of the bid, certain errors, omissions, or ambiguities may be discovered. If so, or if there are doubts or concerns about the meaning of any part of this RFB, questions should be submitted to the Procurement Officer as described in this RFB.

C. Addenda will be issued to address the questions and answers, along with any changes to the documents as a result of these clarifications.

3.2 Basis for Bid

Only the information contained in this RFB, questions and answers, addenda hereto, and information supplied by the City in writing through the Procurement Officer should be used in the preparation of the bid.

3.3 Terms and Conditions

With its bid, the Bidder commits to the terms and conditions outlined in the Sample

Agreement. Any concerns about the terms and conditions must be resolved during the procurement stage through the Request for Clarification (question-and-answer) process.

3.4 Signing of Bids

By submitting and signing a bid, the Bidder indicates its intention to comply with the provisions of this RFB. Bids signed for a partnership shall be signed in the Bidder’s name by at least one general partner or designee. Bids signed by a corporation shall bear the correct corporate name. They shall bear the president’s, vice president’s, or designee’s original signature with the name and title written below the corporate name. Any other signature must be accompanied by a resolution of the board of directors authorizing such signature to contract in the corporation’s name.

The title of the office held by the person signing for the corporation shall appear below the signature of the officer.

3.5 Cost of Bids

This RFB does not commit the City to pay any costs incurred by a Bidder for preparation and submission of a bid or for procuring or contracting for the items to be furnished under this RFB. All costs directly or indirectly related to preparing and responding to this RFB, including all costs incurred for supplementary documentation, shall be borne solely by the Bidder.

3.6 Ownership of Bids

All documents submitted in response to this RFB shall become the property of the

City.

3.7 Disqualification or Rejection of Bids

Bidders may be disqualified and or have their bid rejected for any of the following reasons:

1. There is reason to believe that collusion exists among the Bidders;

2. The Bidder is involved in any litigation against the City;

3. The Bidder is in arrears on an existing contract or has defaulted on previous agreements with the City;

4. The Bidder lacks financial stability;

5. The Bidder has failed to perform under previous or existing contracts with the

City;

6. The Bidder has failed to use the City’s approved forms;

7. The Bidder has failed to adhere to one or more of the provisions established in this RFB;

8. The Bidder has failed to submit its bid in the format specified herein;

9. The Bidder has failed to submit its bid before the deadline established herein;

10. The Bidder has failed to adhere to generally accepted ethical and professional principles during the bid process;

11. The Bidder has failed to provide a detailed cost summary in the bid if required.

12. Bids received from a Bidder when the Bidder or principals are currently debarred or suspended by Federal, State, or City governmental agencies;

13. Failure to acknowledge receipt of Addenda;

14. Failure to provide unit pricing.

3.8 Right to Waive Irregularities

Bids shall be considered “irregular” if they show any omissions, alterations of form, additions or conditions not called for, unauthorized alternate bids, or irregularities of any kind. The Procurement Officer reserves the right to waive minor irregularities and mandatory requirements, provided that all responsive bids failed to meet those requirements and the failure to do so does not otherwise materially affect the procurement. This right may be exercised at the sole discretion of the Procurement Officer.

3.9 Withdrawal of Bids

The Bidder may withdraw bids before the exact hour and the due date for the Bids.

3.10 Amending of Bids

A Bidder may amend a bid before the exact hour and the due date for the Bids

3.11 Bid Offer Firm

By submission of its bid, the Bidder affirms that its bid is firm for one hundred eighty

(180) days after the DUE DATE FOR BIDS, and if awarded a contract, the bid then remains firm for the duration of the contract.

3.12 Bidder’s Qualifications

The City may make such investigations as necessary to determine the ability of the

Bidder to adhere to the requirements specified herein. The Procurement Officer may reject the bid of any Bidder who is not considered to be a responsible Bidder.

3.13 Exceptions to RFB Specifications

Although the specifications in the following sections represent the City’s anticipated needs, there may be instances in which it is in the City’s best interest to permit exceptions to specifications and evaluate alternatives. If the RFB specifically allows exceptions or alternates, it is vital that the Bidder make very clear where exceptions are taken to the specifications and how the Bidder will provide alternatives.

Therefore, when allowed, exceptions, conditions, or qualifications to the provisions of the City’s specifications must be clearly identified as such, together with reasons for taking exception, and submitted as a request for clarification during the bid process. If the Bidder does not make clear that an exception is being taken, the City will assume the Bidder is, in its bid, responding to and will meet the specifications and requirements of this RFB.

3.14 Consideration of Bids

Discussions may be conducted with responsible Bidders who are qualified to be selected for award to clarify and ensure complete understanding and compliance with the solicitation requirements. Until award of the Contract is made by the City, the City reserves the right to reject any or all bids, to waive technicalities, to re-advertise for new bids, or to proceed with the work in any manner as may be considered in the best interest of the City. Should the City require clarification from the bidder, the City shall contact the individual named as the organization’s contact person in the City’s Supplier Portal. The City may elect to conduct post-submission reference checks.

3.15 City’s Reservation of Rights

The City reserves the right to:

1. cancel this RFB at any time;

2. reject any or all bids submitted in response to this RFB;

3. waive any material defect, irregularity, or informality in any bid or bidding procedure;

4. reissue the RFB;

5. extend the bid opening time and date or any other timelines outlined by the RFB;

6. procure any item by other means; and

7. increase or decrease the quantities specified in the RFB.

3.16 No Obligation

In no manner does this RFB obligate the City or any of its agencies to the eventual services offered until confirmed by an executed written Contract.

3.17 Sufficient Appropriation

Any Contract awarded as a result of this RFB process may be terminated if sufficient appropriations or authorizations do not exist. The City’s decision as to whether sufficient appropriations and authorizations are available shall be accepted by the Bidder as final.

3.18 Recommendation for Award

City staff will recommend to the City Manager that an award be made to the Bidder(s) whose bid is determined by the City to be the lowest, responsive, and responsible bid for the City. To determine responsibility, the City may consider items such as:

1. ability, capacity, experience, efficiency and integrity of the Bidder;

2. Bidder’s financial responsibility;

3. Bidder’s past performance or relationship with the City or with other entities;

4. Bidder’s safety record; or

5. whether a Bidder is in pending litigation or is involved in a lawsuit or claim against the City

3.19 Service or Supply Agreement

A sample Supply Agreement is attached hereto, and the successful Bidder will be required to sign it if selected for award. The City will conform the Contract to changes made during the solicitation process before final execution.

3.20 Execution of Contract

The City Manager shall authorize award of the Contract to the successful Bidder(s) and will designate the successful Bidder(s) (“Contractor”) as the City’s Provider(s).

The City will require the Contractor(s) to sign the documents necessary to enter into the required Contract with the City and to provide the necessary evidence of insurance as required in the Contract documents. No Contract for this project may be signed by the City without the authorization of the City Manager, and no Contract shall be binding on the City unless and until it has been approved as to form by the City Attorney’s Office and executed by the City Manager or designee.

3.21 Disputes

In the case of any doubt or difference of opinion concerning the items to be furnished by a Bidder or the interpretation of the provisions of this RFB, the decisions of the City shall be final and binding upon all parties.

3.22 Contract Term

The contract will commence upon execution of the Contract by the City and the issuance of a notice to proceed, and will continue for the term specified in the contract.

3.23 Right to Publish

Throughout the procurement process and the resulting Contract term, Bidder must obtain from the City written approval before releasing any information pertaining to the potential work or activities covered by the RFB or the resulting Contract. Failure to adhere to this requirement may result in the disqualification of the Bidder’s bid or the termination of the Contract.

3.24 Public Information

The requirements of Subchapter J, Chapter 552, Government Code, may apply to this bid, and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter.

3.25 Contractor’s Ethical Behavior

By submission of its bid, the Bidder promises that Bidder’s officers, employees, and agents will not attempt to lobby or influence a vote or recommendation related to the Bidder’s bid submitted in response to this RFB, directly or indirectly, through any contact with City Council members or other City officials between the date this RFB is released to the public and the date a Contract is executed by the City Manager or designee, except that the Bidder may speak at public comment in open session of a City Council meeting. Such behavior will be cause for rejection of the Bidder’s bid at the discretion of the City Manager or designee.

3.26 Quantities

Any quantities that may be described herein are estimates and do not obligate the

City to order or accept more than the City’s actual requirements during the term of any Contract, nor do the estimates limit the City to ordering less than its actual needs during the term of any Contract, subject to the availability of appropriated funds.

3.27 Use of Subcontractors

The Bidder may not use subcontractors in connection with the work performed if awarded a Contract.

3.28 Protest Procedure

A. These procurement protest procedures are applicable to procurement of goods or services by the City of Corpus Christi, including where federal funds are used in whole or in part. These protest procedures are also made applicable to recipients awarded a grant of federal funds through the city of Corpus Christi who intend to provide such funds to sub-recipients pursuant to an approved plan, project, or activity. This protest process does not create any due process rights but is intended to allow bidders/proposers to raise concerns about actions taken in connection with a bid or other competitive solicitation.

B. The City’s Finance & Procurement Management has the authority to settle or resolve any claim of an alleged deficiency or protest. The procedures for notifying the City of Corpus Christi of an alleged deficiency or filing a protest are listed below. If you fail to comply with any of these requirements, the Procurement Officer may dismiss your complaint or protest.

C. GROUNDS FOR PROTEST

Only protests alleging an issue concerning the following subjects will be considered:

1. Violation of local, state, or federal regulation.

2. Issues with the solicitation document that create an unfair advantage or an uneven playing field.

3. Errors in computing the tabulation or evaluation of a bid or proposal.

4. Discrepancies with material differences or quality of items or services

D. PROTEST PROCESS

1. Prior to Bid/Proposal Due Date: If you are a prospective Bidder/Proposer and you become aware of the facts regarding what you believe is a deficiency in the solicitation or solicitation process before the Due Date for receipt of bids/proposals, you must notify the City in writing of the alleged deficiency no later than five days before the Due Date for bids/proposals, giving the City an opportunity to resolve the situation prior to the bid/proposal Due Date.

2. After Bid/Proposal Due Date: If you submit a bid/proposal to the City and you believe that there has been a deficiency in the solicitation process or the award, you have the opportunity to protest the solicitation process or the recommended award as follows:

a) You must file a written notice of your intent to protest within five calendar days of the date that you know or should have known of the facts relating to the protest. If you do not file a written notice of intent within this time, you have waived all rights to protest the solicitation process or the award.

b) You must file your written protest within seven calendar days of the date that you notified the City of your intent to protest.

c) You must submit your protest in writing and must include the following information:

i) your name, address, telephone, and fax number; and

ii) the solicitation number; and

iii) a detailed statement of the factual grounds for the protest, including copies of any relevant documents; and

iv) signature of the protestor and its representative, and evidence of authority to sign; and

v) the form of relief requested.

d) Your protest must be concise and presented logically and factually to help with the City’s review.

e) When the City receives a timely written protest, the Procurement

Officer will determine whether the grounds for your protest are sufficient. If the Procurement Officer decides that the grounds are sufficient, the Contracts and Procurement Office will schedule a protest hearing, usually within five (5) working days. If the Procurement Officer determines that your grounds are insufficient, the City will notify you of that decision in writing.

3. Informal Protest Hearing - The protest hearing is informal and is not subject to the Open Meetings Act. The purpose of the hearing is to give you a chance to present your case; it is not an adversarial proceeding. Those who may attend from the City are: representatives from the department that requested the purchase, the Legal Department, the Finance and Procurement Department, and other appropriate City staff. You may bring a representative or anyone else who will present information to support the factual grounds for your protest with you to the hearing.

4. Protest Decision – A written decision will usually be made within 15 calendar days after the hearing. The City will send you a copy of the hearing decision after it has been reviewed by the appropriate City staff.

5. Exceptions; Restrictions – When a protest is filed, the City usually will not make an award until a decision on the protest is made. However, the City will not delay an award if the City Manager or the Procurement Officer determines that:

a) the City urgently requires the supplies or services to be purchased, or

b) failure to make an award promptly will unduly delay delivery or performance.

In those instances, the City will notify you and make every effort to resolve your protest before the award is made.

6. Federal Agency Review – Every protestor must exhaust all administrative remedies with the City of Corpus Christi as are provided in this Protest Procedure before pursuing a protest to the appropriate federal agency.

Reviews of protests by the federal agency are limited to:

a) violations of federal law or regulations and the standards set out in the relevant regulations (44 CFR § 13.36.10, 24 CFR § 85.36(b)(12), 24 CFR § 84.41 or as otherwise may be applicable);

and

b) violations of the City’s Protest Procedures for failure to review a complaint or protest.

Any protests received by the federal agency other than those specified above will be referred to the City for handling and resolution.

3.29 Insurance Requirements

CONTRACTOR’S LIABILITY INSURANCE

1. Contractor must not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained.

2. Contractor must furnish to the Risk Manager and Assistant Director, Office of Strategic Management, two (2) copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies.

Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance.

3. In the event of accidents of any kind related to this project, Consultant must furnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident.

Additional Requirements –

1. Applicable for paid employees, the Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in an amount sufficient to assure that all workers’ compensation obligations incurred by the Contractor will be promptly met. An All States endorsement shall be required if consultant is not domiciled in the State of Texas.

2. Contractor shall obtain and maintain in full force and effect for the duration of this

Contract, and any extension hereof, at Contractor’s sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than

A- VII.

3. Contractor shall be required to submit replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Contractor or as requested by the City. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at

TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE

30-day advance written notice of cancellation, non-renewal, material change, or termination required on all certificates and policies.

Bodily Injury and Property Damage Per occurrence - aggregate

Commercial General Liability, including:

1. Commercial Broad Form

2. Premises – Operations

3. Products/ Completed Operations

4. Contractual Liability

5. Independent Contractors

6. Personal Injury- Advertising Injury

$1,000,000 Per Occurrence

BUSINESS AUTOMOBILE LIABILITY

1. Owned

2. Hired & Non-owned

3. Rented & Leased

$1,000,000 Combined Single Limit Or State of Texas Minimum Limits for personal or rental autos.

WORKERS’ COMPENSATION

(All States Endorsement if Company is not domiciled in Texas)

Employer’s Liability

Statutory

$500,000 / $500,000 / $500,000 the following address:

City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277

4. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions:

List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers’ compensation policy.

Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy;

Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and

Provide 30 calendar days advance written notice directly to City of any cancellation, non-renewal, material change or termination in coverage and not less than ten calendar days advance written notice for nonpayment of premium.

5. Within five calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor’s performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract.

6. In addition to any other remedies the City may have upon Contractor’s failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Contractor demonstrates compliance with the requirements hereof.

7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor’s or its subcontractor’s performance of the work covered under this contract.

8. It is agreed that Contractor’s insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract.

9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement.

Section 4 - Scope of Work

4.1 General Requirements/Background Information

The Contractor shall provide all labor, material, equipment, and transportation necessary to supply and deliver Cement in bulk as outlined in this Scope of Work. These materials will be used to stabilize existing roadways for rehabilitation purposes throughout the City by Public Works.

4.2 Scope of Work

A. The Contractor shall supply Public Works with Cement in bulk, Type I Normal, on an as-needed basis.

B. Delivery Requirements:

a. The Contractor shall deliver between 6:30 AM and 5:00 PM, Monday through Friday, excluding City holidays, unless special arrangements have been authorized by the City.

b. The Contractor shall make deliveries to various locations/citywide projects within City limits.

c. The Contractor shall provide a certified spreader bar suitable for the safe unloading of bulk cement from delivery vehicles for each delivery. The spreader bar shall be supplied at no additional cost and shall remain the property of the Contractor. The Contractor shall maintain the spreader bar in good working condition and replace or repair it as necessary to ensure uninterrupted delivery operations.

City Point of Contact David Diaz, Infrastructure Manager Public Works Department – Street Division

(361) 826-3511 Davidd6@corpuschristitx.gov

4.3 Invoicing

A. The Contractor shall submit an itemized invoice for payment, which shall include the following:

• Supply Agreement Number

• Purchase Order Number

• Name and address of delivery location

• Delivery ticket with description of item and quantity delivered

B. Invoice Submission:

Hard copy invoice to: Electronic copy invoice emailed to:

City of Corpus Christi 1. PWFinance@corpuschristitx.gov Attn: Accounts Payable 2. StreetOps@corpuschristitx.gov

4.4 Contractor Quality Control and Superintendence

The Contractor shall establish and maintain a Quality Control Program that is acceptable to the Contract Administrator to ensure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to ensure it complies with the contract requirements.

Section 5 – Bid Forms

The Bid must consist of the following items that are to be returned by the due date specified:

1) Bid Sheet - Bidder is to provide on the attached Bid Form a cost per ton for Type 1 Cement in Bulk.

2) Minimum Requirements Form and backup documentation

3) References - Bidder is also to provide a list of references on the forms provided as instructed in this RFB.

4) Disclosure of Interest Form

5) Business Designation Form

6) Ethical Behavior Form

Please refer to the “Instructions to Bidders” for specific requirements for preparing your bid.

Please note that all forms must be completed and signed. Any erasures or other changes must be initialed by the person signing the bid.

In the event of a discrepancy between the unit price and the total price, the unit price will be presumed correct, and the total recalculated accordingly.

Only one bid will be allowed per firm/company. Bidders should submit either electronically or a hard copy as outlined in this RFB, but not both. If the City receives both hard-copy and electronic bids from the same company, the City will reject the electronic bid.

FINANCE AND PROCUREMENT

BID FORM

Type 1 Cement in Bulk

Date:

Authorized Bidder: Signature:

1. Refer to “Instructions to Bidders” and Contract Terms and Conditions before completing the bid.

2. Quote your best price for each item.

3. In submitting this bid, Bidder certifies that:

a) The prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition concerning prices.

b) Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with the City’s Finance and Procurement office, pursuant to the Code of Ordinances, is current and true.

c) Bidder is current with all taxes due, and the company is in good standing with all applicable governmental agencies.

d) Bidder acknowledges receipt and review of all addenda for this RFB.

e) Bidder acknowledges that in the event of a discrepancy between the unit price and the total price, the unit price will govern, and the City reserves the right to recalculate the total.

Item Description UNIT 2- YR

QTY

Unit Price Total Price

1 Type 1 Cement in Bulk Including freight and spreader bar for each delivery

TON 1,000 $ $

2 Surcharge For loads less than 20 tons

EA 50 $ $

Total $

BID REQUIREMENTS

1. Has your business been operating for a minimum of three years, providing services similar in nature to the scope of work outlined in Section 2.3 of this RFB?

☐ YES ☐ NO

Please attach documentation to show the number of years in business.

2. Does your firm have any outstanding lawsuits or litigation with the City as outlined in

Section 2.3 of this RFB?

If yes, please explain in detail in the attached documentation.

3. Does your firm have any outstanding regulatory issues as outlined in Section 2.3 of this RFB?

If yes, please explain in detail in the attached documentation.

REFERENCES

Current Client Reference 1 Organization Name: Contact and Title:

Effective Date of Contract: Phone Number:

Value of Contract: Email Address:

Description of Product or Services Provided:

Current Client Reference 2 Organization Name: Contact and Title:

Effective Date of Contract: Phone Number:

Value of Contract: Email Address:

Description of Product or Services Provided:

Current Client Reference 3 Organization Name: Contact and Title:

Effective Date of Contract: Phone Number:

Value of Contract: Email Address:

Description of Product or Services Provided:

Former Client Reference 1 Organization Name: Contact and Title:

Effective Date of Contract: Phone Number:

Value of Contract: Email Address:

Description of Product or Services Provided:

Former Client Reference 2 Organization Name: Contact and Title:

Effective Date of Contract: Phone Number:

Value of Contract: Email Address:

Description of Product or Services Provided:

Former Client Reference 3 Organization Name: Contact and Title:

Effective Date of Contract: Phone Number:

Value of Contract: Email Address:

Description of Product or Services Provided:

DISCLOSURE OF INTEREST

Corpus Christi Code § 2-349, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with “NA”. See next page for Filing Requirements, Certification, and Definitions.

COMPANY NAME:

P. O. BOX:

STREET ADDRESS:

CITY:

STATE:

ZIP:

FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner

4. Association 5. Other

DISCLOSURE QUESTIONS

If additional space is necessary, please use the reverse side of this page or attach a separate sheet.

1. State the names of each “employee” of the City of Corpus Christi having an “ownership interest” constituting 3% or more of the ownership in the above-named “firm.”

Name Job Title and City Department (if known)

2. State the names of each “official” of the City of Corpus Christi having an “ownership interest”

Name Title

3. State the names of each “board member” of the City of Corpus Christi having an “ownership interest”

Name Board, Commission or Committee

4. State the names of each employee or officer of a “consultant” for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an “ownership interest”

Name Consultant

FILING REQUIREMENTS

If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent.

The disclosure shall also be made in writing and filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)]

CERTIFICATION

I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas, as changes occur.

Certifying Person: Title:

Signature of Certifying Person: Date:

DEFINITIONS

a. “Board member.” A member of any board, commission, or committee of the city, including the board of any corporation created by the city.

b. “Economic benefit”. An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof.

c. “Employee.” Any person employed by the city, whether under civil service or not, including part-time employees and employees of any corporation created by the city.

d. “Firm.” Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations.

e. “Official.” The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas.

f. “Ownership Interest.” Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity.

“Constructively held” refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements.

g. “Consultant.” Any person or firm, such as engineers and architects, hired by the City of Corpus

Christi for the purpose of professional consultation and recommendation.

CONTRACTS AND PROCUREMENT

BUSINESS DESIGNATION FORM

RFB No. 7584 Type 1 Cement in Bulk

ENSURE THIS FORM IS SUBMITTED WITH YOUR BID RESPONSE

PLEASE INDICATE WHETHER YOUR COMPANY IS ANY ONE OF THE FOLLOWING:

YES NO - CERTIFIED VETERAN-OWNED BUSINESS (VetHUB or Equivalent)

Please visit the following website for information on becoming certified under the Texas VetHUB program (for service-disabled veteran-owned businesses):

https://comptroller.texas.gov/purchasing/vendor/hub/

YES NO - LOCAL SMALL BUSINESS (LSB)

A for-profit entity employing less than 49 employees located within the City limits of Corpus Christi, Texas

YES NO OTHER (PLEASE SPECIFY):

THIS COMPANY IS NOT A CERTIFIED HUB or LSB

THE INFORMATION REQUESTED IN THIS FORM IS FOR STATISTICAL REPORTING

PURPOSES ONLY AND WILL NOT INFLUENCE AWARD DECISIONS OR THE AMOUNT

OF MONIES EXPENDED WITH ANY GIVEN COMPANY.

Firm Name Tel: Ext.

Address: Fax:

City: State: Zip: E-mail:

Date:

Signature of Person Authorized to Sign Form

Signer’s Name Title:

(Please print or type) https://comptroller.texas.gov/purchasing/vendor/hub/?referrer=grok.com

SAMPLE FORM 1295 TO BE COMPLETED ONLINE AS INSTRUCTED AND PROVIDED

IF SELECTED FOR AWARD

Ethical Behavior Form

By submission of its bid, the Bidder promises that Bidder’s officers, employees, and agents will not attempt to lobby or influence a vote or recommendation related to the Bidder’s proposal submitted in response to this RFB, directly or indirectly,…