01 RFQ Packet - 39-01-27 Construction Materials Testing.pdf

REQUEST FOR QUALIFICATIONS

By order of the City Council of the City of Temple, Texas, sealed statements of qualifications will be received for:

RFQ #39-01-27

CONSTRUCTION MATERIALS

TESTING SERVICES

Issued: Monday, June 15, 2026

Submittal Deadline: Wednesday, July 8, 2026 by 2:00 PM

City of Temple Purchasing Department 3210 E Avenue H, Building C

Temple, TX 77501 Phone: 254-298-5655

Email: purchasing@templetx.gov

E-Bidding Portal: https://templetx.bonfirehub.com https://templetx.bonfirehub.com/

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REQUEST FOR QUALIFICATIONS

CONTENTS

Page

RFQ Timeline

Section 1 – Scope of Work

Section 2 – Submittal Requirements

Section 3 – Evaluation & Award

Section 4 – Administrative Requirements

Section 5 – Required Forms Form 5.1. Respondent Information Form Form 5.2. Conflict of Interest Questionnaire Form 5.3. Federal Vendor Certification Form

Section 6 – Attachments Attachment 6.1. Sample Professional Services Agreement

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RFQ TIMELINE

Date Event June 15, 2026 Release of RFQ

June 30, 2026 12:00 p.m. (noon)

CST/CDT

Deadline for Questions related to RFQ

Submit questions in writing through the Euna Procurement (formerly Bonfire) online bidding portal or email to purchasing@templetx.gov.

July 8, 2026 2:00 p.m. CST/CDT

Statements of Qualifications Due

Submit qualifications:

1. Within the Euna Procurement online bidding portal at:

https://templetx.bonfirehub.com

OR

2. Sealed paper copies to:

City of Temple Purchasing Department 3210 E Avenue H, Building C Temple, Texas 76501

Virtual Public Opening

Immediately following time due. Click here for

MICROSOFT TEAMS MEETING.

For audio participation only, call (979) 307-6962, Conference ID: 964 903 988#

October 1, 2026 Expected contract term commencement

The City will make every effort to adhere to the schedule above. However, the City reserves the right, at its sole discretion, to adjust the RFQ Timeline as deemed necessary.

mailto:purchasing@templetx.gov.

https://teams.microsoft.com/meet/242690080769808?p=O3egVysO9fo544vUKC

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SECTION 1 – SCOPE OF WORK

1.1. SUMMARY

a. The City of Temple, Texas (“City”) is seeking Statements of Qualifications (SOQ) in accordance with Texas Government Code 2254 from qualified firms to provide independent third-party construction materials testing (CMT) and related inspection services on an as-needed basis for City infrastructure and building projects. Services may include, but are not limited to, testing and inspection associated with roadway construction, water and wastewater utility installation, site development, and vertical construction.

b. The City reserves the right to award multiple contracts as a result from this RFQ.

The City may consider awarding a contract for civil/infrastructure projects and a contract for vertical construction projects.

c. The selected firm(s) (“CMT Provider”) will provide services on an on-call basis and must be able to meet the City’s scheduling, reporting, and mobilization expectations as described in this Scope of Work.

d. The City does not guarantee any minimum amount of work under the resulting contract.

e. Below are past expenditures for CMT services for informational purposes only:

• FY 2026 YTD (October 2025 - May 2026): $180,800

• FY 2025 (October 2024 - September 2025): $358,800

• FY 2024 (October 2023 - September 2024): $193,700

f. The incumbent CMT Provider will retain contractual responsibility for CMT for projects under construction as of September 30, 2026.

g. CMT Provider shall adhere to all applicable City jobsite safety requirements and coordinate work with City project managers, contractors, and inspectors.

1.2. REQUIRED SERVICES

a. All CMT and inspection services shall comply with applicable ASTM, ACI, AASHTO, TIMS 402/602, IBC and TXDOT standards, along with any special inspection or testing requirements related to the project.

b. When requested, CMT Provider shall participate in preconstruction meetings to provide a testing plan and communication matrix (e.g. who to call, on what trigger, how fast, etc.).

c. CMT Provider shall mobilize qualified personnel and equipment within 24 hours of receiving a request from the City. Requests received after the CMT Provider’s established daily cutoff time shall be treated as received the following business day unless otherwise agreed.

d. When necessary, CMT Provider shall provide CMT services on weekends and atypical business hours to accommodate construction schedules.

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e. CMT Provider shall maintain adequate equipment redundancy to ensure uninterrupted service and timely response.

f. CMT Provider shall maintain current calibration for all field/lab equipment and furnish calibration certificates upon request.

g. CMT Provider must be capable of delivering test results within industry-standard timeframes, including same-day submission of field density results and 24- to 48-hour submission of most routine laboratory tests unless test procedure duration requires additional time.

h. CMT Provider shall submit clear, complete electronic test reports including:

• Project name and location

• Date and time of testing

• Technician name and certification

• Test method and results

• Any observations or nonconforming conditions

i. CMT Provider shall immediately communicate same-day “special” notices of any deviation or failed test.

j. CMT Provider shall have the capability and expertise to conduct the following types of tests to verify compliance with construction contract documents and applicable codes and standards, including but not limited to:

Civil/Infrastructure Construction Projects Plasticity and Proctor Density Testing

• Liquid Limit, Plastic Limit, and Plasticity Index of Soils (ASTM D4318)

• Subgrade testing

• Lime-treated subgrade

• Cement-stabilized base

Aggregate Hardness Testing

• Wet Ball Mill (TxDOT Test Method Tex-116-E Wet Ball for Determining the

Disintegration of Flexible Base Materials)

• Magnesium or Sodium Sulfate Soundness (TxDOT Test Method Tex-411-A

Soundness of Aggregate Using Sodium Sulfate or Magnesium Sulfate)

• Los Angeles Abrasion (ASTM C131)

In-Place Density Testing

• Subgrade

• Lime-treated subgrade

• Cement-modified base

• Hot-Mix Asphaltic Concrete

In-Place Core Testing

• Hot-Mix Asphaltic Concrete

• Concrete

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Concrete Strength Testing

• Compressive strength testing

• Flexural strength testing

Additional Testing Services

• California Bearing Ratio (CBR), minimum of 3 samples

• HMAC extraction and gradation (set of 3)

• Specimen molding (set of 3)

• HVEEM stability (set of 3)

• HMAC mix design

• Concrete mix design

Vertical Construction Projects All tests listed above for Civil/Infrastructure Construction Projects, PLUS the following:

Masonry Testing

• Sample mortar/non-shrink grout/grout and prepare strength specimens

• Cure test specimens and perform compressive strength tests

Reinforcing Steel and Structural Steel Observations

• Reinforcing Steel to verify size, quantity, location, and installation correctness

• Structural Steel to verify welder certification and qualifications, welding procedures, condition of delivered pieces, workmanship of the erection and fabrication, and field welds for size, length, and quality

1.3. REQUIRED QUALIFICATIONS

The successful Respondent(s) shall meet the following qualifications:

a. Be a firm regularly engaged in providing construction materials testing, inspection, and related services.

b. Employ or contract with appropriately certified personnel (such as ACI, NICET, SB102, or TxDOT-qualified technicians) and Texas-licensed Professional Engineers responsible for oversight and report certification.

c. Maintain adequate staff, equipment, laboratory facilities, and resources to ensure timely, reliable, and uninterrupted service to the City.

d. Maintain all required accreditations necessary to perform ASTM, TxDOT, and other relevant test procedures.

e. Maintain a primary or satellite office and laboratory facilities within a reasonable distance to ensure timely mobilization to Temple, Texas.

f. Demonstrate a documented quality assurance/quality control program for both field and laboratory operations.

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1.4. CONTRACT & TERM

a. The initial contract term will begin October 1, 2026, and continue through September

30, 2027. The contract may be renewed for up to four (4) additional one-year periods upon written agreement by both parties.

b. The CMT Provider shall be required to execute a contract substantially similar to the sample agreement included with this RFQ and must meet all insurance requirements.

c. Respondents must review the sample Professional Services Agreement included in this RFQ. Submission of qualifications constitutes acknowledgment and acceptance of all contract terms unless exceptions are clearly identified on Form 5.1.

Respondent Information Form in Section 6. Exceptions Taken by Respondent.

d. Exceptions must include detailed explanations and, where applicable, proposed alternative language. Failure to identify exceptions will be interpreted as full acceptance of the contract as written.

e. The City reserves the right to reject exceptions and/or negotiate alternative terms.

Material deviations may render a submission non-responsive.

1.5. FEES

a. A detailed fee schedule will be negotiated with the highest-ranked firm following the qualifications evaluation process. No fees or pricing information is requested in this

RFQ.

b. Travel time and travel expenses are not allowable fees nor will they be reimbursable.

c. The final negotiated fee schedule shall remain firm for the duration of the contract term.

d. As projects arise, the City will request a project-specific proposal from the CMT

Provider for recommended services based on project plans.

1.6. INVOICING

a. Invoices shall be itemized to include the City’s project name, dates of service, tests performed and identified individually, and quantities, unit rates per the agreed upon fee schedule, and totals.

b. Invoices shall be submitted to the City monthly for services performed.

c. Invoices shall be emailed to invoice@templetx.gov. If email is not possible, invoices may be mailed to: City of Temple Purchasing Department, 3210 East Avenue H, Building C, Temple, Texas 76501.

1.7. FEDERALLY FUNDED PROJECTS

a. If federal funding is utilized at any time during the term of the resulting agreement, the CMT Provider will be required to comply with all applicable federal requirements.

To ensure compliance in the event federal funds are introduced, respondents must submit a completed Form 5.3. Federal Vendor Certification Form.

mailto:invoice@templetx.gov

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SECTION 2 – SUBMITTAL REQUIREMENTS

2.1. GENERAL

a. SOQs shall provide enough detail to allow the City to conduct a meaningful evaluation of the proposed services. However, SOQs should be prepared simply and economically, providing a straightforward, concise response to the information requested below.

b. Incomplete qualifications statements may be rejected during review by the evaluation committee.

c. All SOQ materials may be incorporated in a subsequent contract between the City and awarded Respondent.

d. Any material that the Respondent wishes to be considered confidential in nature shall be clearly marked as such, and if such materials are requested pursuant to the Texas Public Information Act, Chapter 552, Texas Government Code, the City will notify the Respondent of such request to allow the Respondent the opportunity to write to the Texas Attorney General requesting that such information be excepted from disclosure.

2.2. STATEMENT OF QUALIFICATIONS REQUIRED INFORMATION

Each SOQ must contain all required items and shall be submitted in the same order as listed below. Include each prompt, followed by your firm’s response.

a. Firm Qualifications & Experience

1. Provide an overview of the firm, including years in business, areas of specialization, and whether the firm operates on a local, regional, national, or international level. Identify the office(s) that will provide services to the City, including their location.

2. Identify if firm is desiring to provide (a) civil/infrastructure project construction material testing, (b) vertical project construction material testing, or (c) both infrastructure and vertical building construction material testing,

3. Provide a summary of the firm’s relevant project experience. Demonstrate experience as it relates to CMT services for civil/infrastructure projects and vertical construction projects.

4. Describe the firm's familiarity with Central Texas soils, subgrade conditions, and regional construction challenges.

5. Provide a minimum of five (5) client references the firm has served during the last five (5) years out of the office that is proposed to service the City. Include experience with municipal clients, roadway projects, water and wastewater utility projects, and vertical construction projects.

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Each reference shall include the following, at a minimum:

• Client Agency Name

• Agency Representative Name

• Valid email address

• Phone number

• Dates of services

• Firm’s role, services provided, project size, and outcomes

• Clearly distinguish civil/infrastructure projects versus vertical construction projects

b. Personnel Qualifications

1. Provide an organization chart showing the proposed project team structure.

2. Provide resumes for key personnel who will support the City contract, including field technicians, laboratory technicians, project managers, Professional Engineers, etc., if applicable.

3. Include documentation of all relevant staff certifications, including, but not limited to, ACI, NICET, ICC, AWS, ASNT, ASTM, AASHTO, SB102, TxDOT, etc.

4. Identify the Texas-licensed Professional Engineer(s) responsible for technical oversight and report certification.

5. Describe staff availability, backup personnel, and the depth of staffing resources to support on-call City work.

c. Laboratory & Field Capabilities

1. Provide a list and description of laboratory accreditations (ASTM, AASHTO, TxDOT, or others).

2. Describe the firm’s laboratory facilities, including location(s), capacity, and key equipment.

3. Provide an inventory of field and laboratory testing equipment available for use on this contract.

4. Identify the location of the Respondent’s nearest office and laboratory in relation to Temple.

5. Describe the firm’s mobilization process and its ability to meet the City’s required 24-hour response time.

6. Describe the firm’s typical turnaround times for field and laboratory test results.

7. Describe backup equipment and contingency plans that ensure continuity of service.

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d. Project Approach & Responsiveness

1. Describe the firm’s approach to communication and coordination with City project managers, inspectors, and contractors.

2. Describe the firm’s on-call response procedures, including how service requests are received and assigned, daily cutoff times, and weekend/after-hours availability.

3. Describe the firm’s Quality Assurance/Quality Control (QA/QC) program for both field and laboratory operations.

4. Provide sample report formats for commonly requested tests (PDF examples or links to samples are acceptable).

5. Describe the firm’s procedures for identifying, documenting, and reporting non-conforming test results or field observations.

6. Describe firm’s project management structure, including internal communication and oversight practices.

2.3. REQUIRED FORMS

In addition to the SOQ response, the following forms are required:

a. Form 5.1. Respondent Information Form

b. Form 5.2. Conflict of Interest Questionnaire, if applicable

Submit only if required per Section 4 – Administrative Requirements, Paragraph 4.2.

c. Form 5.3. Federal Vendor Certification Form

2.4. ELECTRONIC SUBMISSION

a. Access the Euna Procurement (formerly known as Bonfire) e-bidding portal at https://templetx.bonfirehub.com. The City will use Euna Procurement for communicating all RFQ documents, receive any questions or inquiries, issue any associated addenda, and post award notices.

b. Respondents can contact Euna Procurement at support.procurement@eunasolutions.com for technical questions related to the bidding portal. Submissions shall be prepared in the file formats listed under ‘Requested Information’ for this opportunity in Euna Procurement.

c. Submissions may be amended by the Respondent directly in Euna Procurement, but only before the submission deadline.

d. Minimum system requirements include Microsoft Edge, Google Chrome, Safari, or Mozilla Firefox. Javascript and browser cookies must be enabled. Euna mailto:support.procurement@eunasolutions.com

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Procurement has built-in lockbox technology that will date stamp submittals and will keep all submissions locked until the opening date and time. The maximum upload file size is 1000 MB. Documents should not be embedded within uploaded files, as the embedded files will not be accessible or evaluated.

2.5. PAPER SUBMISSION

a. If a submission is delivered via hardcopy, the envelope or package containing the completed submission should be marked legibly on the outside with the submitter’s name and address along with the RFQ project number and title no later than the due date and time stated in the RFQ Timeline.

b. The Respondent shall sign and date the submission where provided within the RFQ.

The person signing the submission shall have the authority to bind the firm in a contract. Submissions which are not signed and dated in this manner may be rejected.

c. All paper submissions received in the Purchasing Department will be date and time stamped when received and will be considered to be the official time of receipt.

2.6. SUBMISSION INSTRUCTIONS

a. Late submittals will not be accepted or considered. Respondents should be mindful of any potential delays due to security screening procedures, weather, connectivity issues, or other delays whether foreseeable or unforeseeable. Failure to submit a response before the Statement of Qualifications Due date and time will result in disqualification of the submission.

b. Submissions will be received and publicly acknowledged in the Purchasing Department immediately following time due. Respondents, their representatives, and interested persons may participate in the submission opening using Microsoft Teams. See the RFQ Timeline for a video link or dial-in phone number.

c. The submissions will be opened, and the names of the respondents will be read aloud. All submissions will be open for public inspection after the contract is awarded, except for trade secrets and confidential information contained in submissions and identified by respondent as such.

2.7. REQUESTS FOR ADDITIONAL INFORMATION

a. Requests for additional information shall be in writing and submitted through the

Euna Procurement portal using the ‘Vendor Discussions’ or ‘Ask a Question’ features. Alternatively, requests can be emailed to purchasing@templetx.gov by the deadline stated in the RFQ Timeline.

b. Any interpretations, corrections or changes to this RFQ will be made by addenda. All written/published addenda shall become part of this RFQ and shall be acknowledged by the Respondent in its qualifications statement. All other communications are unofficial and non-binding. Addenda will be released in the Euna Procurement portal in the ‘Files’ section. It is the sole responsibility of the Respondent to verify issuance of addenda and to ensure receipt thereof.

mailto:purchasing@templetx.gov.

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SECTION 3 – EVALUATION & AWARD

3.1. ELIGIBILITY FOR AWARD

a. Responsive Submission

Qualifications statements shall be deemed responsive if they comply with all material and administrative aspects of this solicitation.

b. Responsible Vendor A responsible vendor is a vendor who has adequate financial resources (or the ability to obtain such resources), can comply with the delivery requirements, and is a qualified and established firm regularly engaged in the type of business that provides the services listed herein.

Responsible Respondents must, at a minimum, meet the following requirements:

• Have adequate financial resources, or the ability to obtain such resources as required during the performance of any resulting contract prior to the beginning of work;

• Be able to comply with the required performance schedule, taking into consideration all existing business commitments;

• Have a satisfactory record, as determined by the City, of past performance;

• Have necessary personnel, management, and technical capacity and capability to perform any resulting contract requirements;

• Be qualified as an established firm that is regularly engaged in the type of business necessary to fulfill the contract requirements;

• In accordance with all applicable industry standards, hold any necessary license, certification, or permit required for conducting the business of the vendor and as contemplated by this RFQ;

• Have experience in competently performing similar contracts to those contemplated by this RFQ;

• Certify that the firm is not delinquent in any tax owed the State of Texas under Chapter 171, Tax Code; and is not delinquent in taxes owed to the City;

signing and submitting the qualifications statement is so certifying to such non-delinquency; and

• Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

c. A firm is not eligible to be considered for award of this solicitation, or any resulting contract, or to be a subcontractor of the Respondent or prime contractor if an employee of the firm assisted in the development of this solicitation or any part of this solicitation or if the person participated in a project related to this solicitation when such participation would give the person special knowledge that would give that firm an unfair advantage over other Respondents.

d. As required by §2252.903, Government Code, Respondent certifies that its Texas franchise tax payments are current, or that it is exempt from, or not subject to, such tax.

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3.2. EVALUATION CRITERIA AND SELECTION

a. Statements of qualifications will be evaluated independently for (1) civil / infrastructure-focused construction projects and (2) vertical construction projects using the following criteria:

Criteria Points

Firm Qualifications & Experience Demonstrated experience with municipal CMT services;

roadway, utility, drainage, and vertical construction projects;

performance on past public-sector assignments; and familiarity with Central Texas soils, subgrade conditions, and local construction challenges

Personnel Qualifications Demonstrated qualifications and depth of proposed staff, including required certifications (ACI, NICET, SB102, TxDOT);

availability and experience of field and laboratory personnel;

involvement of Texas-licensed Professional Engineers for oversight and report certification; and adequacy of staffing levels and backup coverage

Laboratory & Field Capabilities Firm’s ability to provide reliable, timely, and high-quality testing services, including laboratory accreditations, equipment inventory, and testing capacity; proximity to Temple and ability to mobilize within required timeframes; processes ensuring consistent turnaround times for field and laboratory results; and redundancy of staff and equipment to prevent service disruption

Project Approach & Responsiveness Firm’s proposed approach, including coordination methods with City staff, contractors, and project inspectors; response time procedures and on-call service availability; quality control/quality assurance processes for field and laboratory operations; and reporting formats, documentation quality, and communication practices

b. Fee negotiations will not occur until the most highly qualified firm(s) is selected using the above criteria.

c. If the City determines there is a need for oral interviews, a shortlist will be prepared of the highest-ranked firms from the initial evaluation round. After interviews are performed with the shortlisted firms, the evaluation committee will have the opportunity to revise scores.

d. The City will select the most highly qualified Respondent(s) from the finalists based on demonstrated competence and qualifications, and then may attempt to negotiate

RFQ #39-01-27 Construction Materials Testing Services 14 a contract(s) with the highest ranked Respondent(s) at a fair and reasonable price. If a satisfactory contract cannot be negotiated with the most highly qualified Respondent(s), the City will formally end negotiations with a highest ranked Respondent, select the next most highly qualified Respondent and attempt to negotiate a contract with that Respondent at a fair and reasonable price. The City will continue this process until a contract is executed.

e. The City reserves the right to reject any and all qualifications statements submitted and to waive any informalities in qualifications statements received. The City also reserves the right to request additional information from Respondents. The award will be made to the firm which, in the opinion of the City, is the best qualified to assist the City in accomplishing its objectives. The City reserves the right to negotiate a contract with the selected Respondent.

f. The City shall not be liable to any Respondent for costs associated with responding to this RFQ, for the Respondent’s participation in any oral interview, or any costs associated with negotiations.

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SECTION 4 – ADMINISTRATIVE REQUIREMENTS

4.1. SUBMISSIONS

a. The City reserves the right to reject any or all qualifications statements as it shall deem to be in the best interests of the City. Receipt of any qualifications statement shall under no circumstances obligate the City to accept the lowest dollar qualifications statement. The award of this contract shall be made in accordance with Texas Local Government Code, Chapter 252, to the responsible Respondent whose submission is determined to be the highest evaluated offer resulting from negotiation, taking into consideration the relative importance of price and the other evaluation factors set forth in the RFQ.

b. The City reserves the right to select one or more Respondents and/or award one or more contracts based on the best value, as determined by the City, of the overall response(s) submitted to the City, with due consideration given to demonstrated competence, knowledge, and qualifications to perform the services and/or provide the products set forth in this RFQ, and the reasonableness of the proposed fee. The decision to make multiple awards, award only one contract, or to make no award rests solely with the City. The City further reserves the right to negotiate separately in any manner necessary to serve the best interests of the City. The City further reserves the right to accept, reject, or negotiate modifications in any terms of a Respondent’s submission, including a Respondent’s form contract, or any parts thereof.

c. Qualifications statements cannot be altered or amended after submission deadline.

Any interlineation, alteration or erasure made before opening by the City must be initialed by the signer of the qualifications statement, guaranteeing authenticity.

d. A qualifications statement may not be withdrawn or canceled by the Respondent without the permission of the City for a period of ninety (90) days following the date designated for the receipt of qualifications statements, and Respondent so agrees upon qualifications statement of his qualifications statement.

e. All qualifications statements meeting the intent of this RFQ will be considered for award. Respondents taking exception to the specifications, terms and conditions, sample contract document, or offering substitutions shall state these exceptions by attachment as part of the qualifications statement. The absence of such a list shall indicate that the Respondent has not taken exceptions and the City shall hold the Respondent responsible to perform in strict accordance with the terms of this RFQ.

The City reserves the right to accept any, all, or none of the exception(s)/substitution(s) deemed to be in the best interest of the City.

f. Qualifications statements must comply with all applicable federal, state, county, and local laws concerning these types of services.

g. The apparent silence of these specifications as to any detail or to the apparent omission of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement.

h. The City is exempt by law from payment of Texas Sales Tax and Federal Excise Tax.

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4.2. CONFLICT OF INTEREST

a. Texas Local Government Code, Section 176.006, requires a vendor of the City to file a completed Conflict of Interest Questionnaire (CIQ) form if the vendor has a business relationship with the City and:

1. has an employment or other business relationship with a City local government officer or a family member of the City local government officer that results in that person receiving taxable income, other than investment income, that is more than $2,500 in the preceding twelve months;

2. has given a City local government officer or an officer’s family member, one or more gifts totaling more than $100 in the preceding twelve months, excluding a political contribution as defined by Title 15 of the Election Code or food accepted as a guest; or

3. has a family relationship with a City local government officer.

b. A vendor is required to file a CIQ form with the City Secretary’s office not later than the seventh (7th) business day after the later of the following:

1. the date the vendor begins discussions or negotiations to enter into a contract with the City or submits an application or response to a solicitation; or

2. the date the vendor becomes aware of any business relationship as outlined in the preceding paragraph.

c. “Local Government Officer” means:

1. a member of the governing body (i.e. mayor or council member);

2. a director, superintendent, administrator, or other person designated as an executive officer of the City; or

3. an agent of the City who exercise discretion in the planning, recommending, selecting, or contracting of a vendor.

d. State law requires that a vendor file an updated CIQ form with the City Secretary’s office not later than the 7th business day after the date on which the vendor becomes aware of an event that would make a statement in the questionnaire incomplete or inaccurate.

e. The CIQ form is attached to this RFQ and can be downloaded from the City‘s website www.templetx.gov under the Departments tab then Purchasing/Bids/Conflict of Interest Form. Compliance with this law is the responsibility of each Respondent.

4.3. DISCLOSURE OF INTERESTED PARTIES

The City is required to comply with Texas Government Code 2252.908 Disclosure of Interested Parties for contracts that:

a. require an action or vote by the City Council before the resulting contract can be signed;

b. have a value of at least $1 million; or

c. require registration as a lobbyist under Texas Government Code Chapter 305.

If the resulting contract, if any, meets one of the criteria above, a Certificate of Interested Parties (Form 1295) will be required before the contract is executed. See the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/1295/.

4.4. APPROPRIATED FUNDS

The purchase of services or products, arising from this solicitation is contingent upon the availability of appropriated funds. The City shall have the right to cancel the resulting contract or any part of the contract at the end of each fiscal year during the term of the contract if funds are not allocated to continue the contract, or any part of the contract, for the next fiscal year. If funds are withdrawn, or do not become available, the City http://www.templetx.gov/ http://www.ethics.state.tx.us/filinginfo/1295/

RFQ #39-01-27 Construction Materials Testing Services 17 reserves the right to cancel the contract by giving the contractor a thirty (30) day written notice of its intention to cancel without penalty. Upon cancellation of the contract, the City shall not be responsible for any payment of any service that was performed, or product received, after the effective date of termination. The City’s fiscal year begins on October 1 and ends on September 30.

4.5. INDEMNITY

The City is legally prohibited from indemnifying any other party in any agreement awarded under this RFQ. The resulting contract, if any, shall contain no provision requiring the City to indemnify the Respondent or any third party.

4.6. COMPLIANCE WITH ANTITRUST LAWS

By submitting a qualifications statement, the Respondent’s Signatory affirms under penalty of perjury of the laws of the State of Texas (Texas Government Code §2155.005) that:

a. Signatory is duly authorized to execute a contract resulting from this solicitation on their own behalf or on behalf of the company, corporation, firm, partnership or individual respondent;

b. In connection with this qualifications statement, neither Signatory nor any representatives of the company have violated any provision of the Texas Antitrust laws codified in Texas Business and Commerce Code Chapter 15;

c. In connection with this qualifications statement, neither Signatory nor any representative of the company have violated any federal antitrust law; and

d. Neither Signatory nor any representatives of the company have directly or indirectly communicated any of the contents of this qualifications statement to a competitor of the company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the company.

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SECTION 5 – REQUIRED FORMS

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FORM 5.1. - RESPONDENT INFORMATION FORM

1. Company Information

Company Name: _______________________________________________________

Business Address: ______________________________________________________

Remit-to Address, if different: _____________________________________________

Tax Identification Number: ________________________________________________

Contact Person: _______________________________________________________

Phone: _______________________________________________________________

Email: _______________________________________________________________

2. Addenda Our company has reviewed and formally acknowledges receipt of all addenda, if any, provided in the Euna Procurement e-procurement portal. Please record the number of addenda acknowledged here:

____________ (number of addenda acknowledged)

3. Credit Check Authorization The City is required to determine whether a Respondent who may be awarded a contract is financially responsible. The City may run a credit check on the potential contractor before award of the contract. By signing this Respondent Information Form, I hereby authorize the City of Temple, credit bureau, or other investigative agency employed by the City of Temple to investigate my credit history and financial responsibility.

4. Authorized Personnel State your firms’ personnel authorized to give representations regarding your qualifications statement or resulting contract, if any:

Name Title Phone Number Email Address

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5. Agreement The successful Respondent shall be able to execute the attached Professional Services Agreement and be able to comply with the insurance requirements as stated within the contract. Please confirm your ability to execute this contract.

____________ (initial to confirm)

6. Exceptions Taken by Respondent State exceptions taken to any of the terms of this RFQ, if any.

7. Authorization

Authorized Signature: ___________________________________________________

Print Name: ___________________________________________________________

Title: __________________________________ Date: _______________________

RFQ #39-01-27 Construction Materials Testing Services 21

FORM 5.2. - CONFLICT OF INTEREST QUESTIONNAIRE

See Section 4.2. Conflict of Interest, for information regarding when it is necessary to complete and submit this form.

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

FORM CIQ

OFFICE USE ONLY

Date Received

This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.

This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).

By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.

A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor.

1 Name of vendor who has a business relationship with local governmental entity.

Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)

3 Name of local government officer about whom the information is being disclosed.

Name of Officer

4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.

Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary.

A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor?

Yes No

B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity?

Yes No

5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an

Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).

Signature Date ownership interest of one percent or more.

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 8/14/2024

Name of signatory

Revised 8/14/2024Form provided by Texas Ethics Commission www.ethics.state.tx.us

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.

Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on:

(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity;

(B) a transaction conducted at a price and subject to terms available to the public; or

(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency.

Local Government Code § 176.003(a)(2)(A) and (B):

(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:

(2) the vendor:

(A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that

(i) a contract between the local governmental entity and vendor has been executed;

or

(ii) the local governmental entity is considering entering into a contract with the vendor;

(B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that:

(i) a contract between the local governmental entity and vendor has been executed; or

(ii) the local governmental entity is considering entering into a contract with the vendor.

Local Government Code § 176.006(a) and (a-1)

(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:

(1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);

(2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or

(3) has a family relationship with a local government officer of that local governmental entity.

(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of:

(1) the date that the vendor:

(A) begins discussions or negotiations to enter into a contract with the local governmental entity; or

(B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or

(2) the date the vendor becomes aware:

(A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a);

(B) that the vendor has given one or more gifts described by Subsection (a); or

(C) of a family relationship with a local government officer.

CITY OF TEMPLE

FEDERAL VENDOR CERTIFICATION FORM

For each of the items below, Vendor shall certify Vendor’s agreement and ability to comply, where applicable, by having Vendor’s authorized representative initial the applicable term and condition.

NON-COLLUSION CERTIFICATION

The vendor certifies that the submission to this solicitation has been independently arrived at without collusion with any other vendor or with any other competitor; has not knowingly disclosed and will not be knowingly disclosed, to any other vendor or competitor or potential competitor, prior to the opening of submission for this project; no attempt has been or will be made to induce any other person, partnership or corporation to submit or not submit a submission to this solicitation. The undersigned certifies that he/she is fully informed regarding the accuracy of the statements contained in this certification and that the penalties herein are applicable to the vendor as well as to any other person signing in their behalf.

Initials of Authorized Vendor Representative

CERTIFICATION OF COMPLIANCE WITH TEXAS FAMILY CODE PROVISION

As required by Texas Family Code §231.006 as amended by Section 82 of H.B. 433, 74th Legislature, R.S. (Acts 1995, 74th Leg., R.S., Ch. 751), all vendors must complete and submit with the solicitation response the following affidavit:

I, the undersigned vendor, do hereby acknowledge that a child support obligor who is more than 30 days delinquent in paying child support and a business entity in which such a person is the sole proprietor, partner, shareholder, or owner with an ownership interest of at least 25% is not eligible to receive payments from state funds under a contract to provide property, materials, or services.

I further acknowledge that a child support obligor or business entity ineligible to receive payments described above shall continue to be ineligible until: 1) all arrearages have been paid; 2) the obligor is in compliance with a written repayment agreement or court order as to any existing delinquency; or 3) the court of continuing jurisdiction over the child support order has granted the obligor an exemption.

In accordance with Texas Family Code §231.006, the names and social security numbers of the individual identified in the quote, bid, or proposal or application or the sole proprietor and each partner, shareholder, or owner with a minimum 25% ownership interest in the business entity identified therein are provided below:

Name Social Security Number Name Social Security Number

Pursuant to Texas Family Code §231.006, the vendor hereby certifies that the individual or business entity named in this contract, bid, or application, is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated, and payment may be withheld if this certification is inaccurate.

______ Initials of Authorized Vendor Representative

FORM 5.3.

CERTAIN DEBTS OR DELINQUENCIES CERTIFICATION

As required by Texas Government Code §2252.903 Contracting with Persons who have Certain Debts or Delinquencies, vendor’s authorized agent certifies that it is not currently delinquent in payment of any student loan, child support obligation, or tax, to include franchise taxes owed the State of Texas under Chapter 171, Tax Code, or that it is exempt from, or not subject to, such tax.

Please indicate your status:

_____ The corporation or person is neither in debt nor delinquent in payment of any of the above and is exempt from payment of franchise taxes or is an out-of-state corporation not subject to franchise tax; therefore, I am submitting a certified statement to that effect.

_____ The corporation or person is subject to Texas franchise tax and is neither in debt nor delinquent in payment of any of the above. I hereby certify that there is no delinquent Texas franchise tax pending against the corporation or person.

_____ I hereby certify that there is delinquent Texas franchise tax pending against the corporation or person.

_____ I hereby certify that the corporation or person is in debt or delinquent in payment of either a student loan, child support, or tax obligation owed to this state (other than Texas franchise tax).

Initials of Authorized Vendor Representative

COMPLIANCE WITH ANTITRUST LAWS (TEXAS GOVERNMENT CODE §2155.005)

I affirm under penalty of perjury of the laws of the State of Texas that:

a. I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below;

b. In connection with this solicitation, neither I nor any representatives of the Company have violated any provision of the Texas Free Enterprise and Antitrust Act, laws codified in Texas Business & Commerce Code Chapter 15;

c. In connection with this solicitation, neither I nor any representative of the Company have violated any federal antitrust law; and

d. Neither I nor any representatives of the Company have directly or indirectly communicated any of the contents of this solicitation to a competitor of the Company or any other company, corporation, firm, partnership, or individual engaged in the same line of business as the Company.

CERTIFICATION REGARDING BOYCOTTING ISRAEL

If (a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees;

and (c) this Agreement has a value of $100,000 or more, the following certification shall apply;

otherwise, this certification is not required. Pursuant Texas Government Code, Chapter 2271, Vendor hereby certifies and verifies that neither the Vendor, nor any affiliate, subsidiary, or parent company of the Vendor, if any (the “Vendor Companies”), boycotts Israel, and the Vendor agrees that the Vendor and Vendor Companies will not boycott Israel during the term of this Agreement.

For purposes of this Agreement, the term “boycott” shall mean and include refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes.

CERTIFICATION REGARDING TERRORIST ORGANIZATIONS

Vendor hereby certifies it is not a company identified on the Texas Comptroller’s list of companies known to have contracts with, or provide supplies or services to, a foreign organization designated as a Foreign Terrorist Organization by the U.S. Secretary of State.

CERTIFICATION REGARDING CONTRACTING INFORMATION

If Vendor is not a governmental body and (a) this Agreement has a stated expenditure of at least $1 million in public funds for the purchase of goods or services by the City; or (b) this Agreement results in the expenditure of at least $1 million in public funds for the purchase of goods or services by the City in a fiscal year of the…