20260331 - PROJECT MANUAL - CLEBURNE GST VALVE REPLACEMENT - Bid Set.pdf

BID NUMBER: 26-12

SPECIFICATIONS AND CONTRACT DOCUMENTS

FOR THE:

Ground Storage Tank Valve Replacement Project

CITY OF CLEBURNE, TEXAS

PUBLIC WORKS DEPARTMENT

City of Cleburne. 10 N Robinson Street. Cleburne, Texas 76031.

TABLE OF CONTENTS

CITY OF CLEBURNE

Water Treatment Plant Residual Removal, Transportation and Disposal

Bid Notification and Notice to Bidders (Advertisement) Section A

General Instructions to Bidders Section B

Prevailing Wage Rates Section C

Required Forms Section D Ethics Statement

Business Owner Information Form

Certification Regarding Debarment, Suspension and Other Responsibility Matters

Conflict of Interest Questionnaires

Certification Regarding Debarment, Suspension, Other Ineligibility and Involuntary Exclusion

Bidders Disclaimer Statement

Child Support Statement

Insurance Requirements

Insurance Requirement Affidavit

Bid Proposal Form Section E

Notice of Award Section F

Standard Form of Agreement Section G

Notice to Proceed Section H

Performance Bond Section I

Payment Bond Section J

Maintenance Bond Section K

General Conditions Section L

Specifications Section M

Contractor Payment Forms Section N Contractors Affidavit of Final Payment Consent of Surety to Final Payment Consent of Surety to Release of Retainage

Project Summary/Scope of Work Section O

A-1

ADVERTISMENT FOR BID

Publish Dates:

Saturday, August 22, 2026

Saturday, August 29, 2026

Bid Opening Date:

Friday, September 25, 2026 @ 1:30 P.M. (CST)

Notice to Bidders

The City of Cleburne, Johnson County, Texas is soliciting Sealed Bids for the following:

Bid#: 26-12 Ground Storage Tank Valve Replacements

Bids must be received in the office of the City Secretary at 10 N. Robinson Street by 1:30 P.M.

(CST), THURSAY, SEPTEMBER 25th, 2026, at which time the bids will be opened and publicly read.

A non-mandatory pre-bid conference will be held at 1:30 P.M. (CST), WEDNESDAY, SEPTEMBER 9TH, 2026 at 10 N. Robinson Street, Cleburne, Texas. A site visit will be held immediately after the pre-bid conference from 2:30 P.M. to 3:30 P.M.

Bids received after the above-specified time will not be considered.

The CONTRACT DOCUMENTS are available electronically from the following websites:

http://www.civcastusa.com and on the City's website at https://www.cleburne.net/207/Bid- Opportunities or https://www.publicpurchase.com/.

A-2

Detailed Bid Notification The City of Cleburne, Texas will receive Sealed Bids for the following project:

Bid No. 26-12 : Ground Storage tank Valve Replacement Project

Bid Submittal:

o Bids must be received in the office of the City Secretary at 10 N. Robinson Street, Cleburne, Texas, 76031 by

1:30 P.M. (CST), Friday, September 25 th, 2026, at which time they will be opened and publicly read.

o Bids submitted by US mail should be sent to: Attn: City Secretary's Office, P.O. Box 677, Cleburne, Texas 76033.

o All bids shall be submitted in sealed envelopes CLEARLY MARKED with the Vendor Name and Bid Number on the outside envelope. Bids received after the above-specified time will not be considered.

o The City of Cleburne will not be responsible if the U.S. Postal Service or any other courier system fails to deliver the sealed bid to the City of Cleburne by the given deadline above. Emailed or facsimile of Proposals will not be accepted.

o Each bid shall be accompanied by a cashier's check or certified check made payable to the City of Cleburne, or a bid bond, duly executed by the bidder as principal and having as surety thereon a surety company approved by the Owner, in the amount of five (5%) percent of the total bid. The bid security must be enclosed in the same envelope with the bid.

Pre-bid Conference: A non-mandatory pre-bid conference will be held on 1:30 P.M. (CST), Wednesday, September 9th, 2026 at the City of Cleburne City Hall, Council Chambers, 10 N. Robinson Street, Cleburne, Texas.

Contract Documents Available:

o The contract documents are available electronically from the following website: http://www.civcastusa.com. This website will be updated with addenda, plan holder lists, bid tabulations, additional reports or other information relevant to bidding the Project. Official plan holders list will only be the list maintained by the City. It is the sole responsibility of all plan holders, whether they have received digital downloads or paper copies of the plans and specifications, to periodically check for Addenda which may have been posted on the Civcast USA website.

o The CONTRACT DOCUMENTS are also available on the City's website at https://www.cleburne.net/207/Bid- Opportunities or https://www.publicpurchase.com/.

Question Submittal: Any questions or communications shall be in writing. Written questions regarding details of the project will be accepted until 12:00 P.M. on Friday September 18th, 2026. Written questions may be submitted through the www.civcastusa.com website or www.publicpurchase.com, answers will be posted on both websites.

The City of Cleburne reserves the right to reject any or all bids or to waive any informalities in the bidding. Bids may be held by the City of Cleburne for a period not to exceed 30 days from the date of bid opening for the purpose of reviewing the bids and investigating the bidder's qualifications prior to the contract award.

Section B

GENERAL INSTRUCTIONS TO BIDDERS

B-1 BID 26-12

GENERAL INSTRUCTIONS FOR BIDDERS

1.1 GENERAL CONDITIONS

The City of Cleburne, Johnson County, Texas is accepting sealed bids for 26-12 Ground Storage Tank Valve Replacement Project. In submitting this bid, the Bidder understands and agrees to be bound by the following terms and conditions. These terms and conditions shall become a part of the contract and will consist of the invitation to bid, specifications, the responsive bid and the contract with attachments, together with any additional documents identified in the contract and any written change orders approved and signed by a city official with authority to do so. All shall have equal weight and be deemed a part of the entire contract. If there is a conflict between contract documents, the provision more favorable to the City shall prevail.

In accordance with Chapter 2271, Texas Government Code, a governmental entity may not enter into a contract with a company for goods and services unless the contract contains a written verification from that company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The person submitting a quote on behalf of company verifies that the company does not boycott Israel and will not boycott Israel during the term of this contract. [ONLY IF MORE THAN $100K AND COMPANY HAS MORE THAN 10 FTEs]

In accordance with Texas Senate Bill 19, 87th Legislature prohibits contracts with companies that discriminate against firearm or ammunition industries. The person submitting a quote on behalf of a company verifies that the company does not discriminate against firearm or ammunition industries.

In accordance with Texas Senate Bill 139, 87th Legislature prohibits contracts with and investments in certain companies that boycott energy companies. The person submitting a quote on behalf of company verifies that the company does not boycott energy companies. [ONLY IF MORE THAN $100K AND COMPANY HAS MORE THAN 10 FTEs]

All questions concerning this bid package may be posted to the www.civcastusa.com website or www.publicpurchase.com.

Bidders are cautioned that any statements made by the contact person or other City of Cleburne staff that materially changes any portion of the bid document shall not be relied upon unless subsequently ratified by a formal written addendum to the bid document.

Any addenda that is generated for this project will be posted on the following websites:

https://www.civcastusa.com , http://www.cleburne.net/index.aspx?nid=207, https://www.publicpurchase.com. It is the responsibility of any potential bidder to regularly check for addenda for this bid.

B-2BID 26-12

1.2 PREPARATION OF BID

Each bid must be submitted on the prescribed forms. Forms must be completed in ink or typewritten; all blanks must be filled in both word and figures.

No rider or condition shall be placed on the bid, the language of which cannot be interpreted as a firm bid and which is not clear as to the meaning.

Failure to submit a bid on the bid form provided shall be considered just cause for rejection of the bid.

Modifications or additions to any original wording of any portion of the bid document may be just cause for rejection of the bid. The City of Cleburne reserves the right to decide, on a case-by-case basis, whether to reject a bid with modifications or additions as non-responsive.

Corrections or modifications to bidder supplied information (i.e., product information, pricing, etc.) may be made prior to bid opening date and time by an authorized representative of the bidding firm. Corrections shall be initialed in ink adjacent to each correction by the person signing the bid.

Corrections or modifications received after the closing time specified on the bid form will not be accepted.

1.3 DOCUMENTATION

Bidder shall provide, with this bid package, all documentation required in the specifications. Failure to provide this information may result in rejection of bid.

1.4 EXPENSE INCURRED IN BID PREPARATION

The City of Cleburne accepts no responsibility for any expense incurred by the bidder in the preparation and presentation of a bid. Such expenses shall be borne exclusively by the bidder.

1.5 BID SUBMISSION

It shall be the responsibility of each Bidder to ensure his/her bid is delivered to the City of Cleburne on or before 1:30 P.M. (CST), Friday, September 25th, 2026. Bids received after the time stated above will be considered ineligible and returned unopened.

Item Anticipated Schedule Bid Release & Publication Saturday August 22, 2026 and Saturday

August 29, 2026 Non-mandatory Pre-Bid Conference & Site Visit Wednesday September 9, 2026 at1:30 p.m.

Deadline to receive written inquiries Friday September 18, 2026 at 12:00 p.m.

Deadline to answer written inquiries Tuesday September 22, 2026 at 12:00 p.m.

Bid Opening Date (deadline for submitting bids) Friday September 25, 2026 at 1:30 p.m.

1.6 SUBMISSION PROCESS

All attached bid documents are to be returned completely filled out, totaled and signed. Envelopes containing bids must be sealed.

Interested bidders must submit a RESPONSE PACKAGE of one (1) signed original marked Original as well as one (1) additional signed copy marked Copy, and one PDF copy on a thumb drive within a sealed envelope addressed to the CITY SECRETARY. No telephone, telephonic or fax bids will be accepted.

Bids will only be accepted sealed, delivered in person, by U.S. Postal Service, Federal Express, UPS, etc. The City is not responsible for missing, lost or late delivery. Any Bids received after the time set will be rejected and returned unopened.

B-3 BID 26-12

Bids are due no later than 1:30 p.m. (CST), on Friday September 25, 2026. All bids must be bound and sealed when submitted. Bid packets must be addressed and delivered to one of the addresses listed:

CITY OF CLEBURNE CITY OF CLEBURNE

BID# 26-12 Ground Storage Tank Valve Replacements BID# 26-12 Ground Storage Tank Valve Replacements

CLEBURNE, TEXAS 76031 CLEBURNE, TEXAS 76033

The outside of the sealed envelope or container must state:

Vendor's Name Bid#: 26-12 Ground Storage Tank Valve Replacements Project

Bids received after the above date and time submission deadline will be rejected.

All bids must be in the possession of the CITY SECRETARY at or before the date and time specified. Bids received by mail after that time, whether postmarked prior, will not be accepted. It is the bidder's responsibility to allow sufficient time for the delivery of the bid by whatever means selected by the bidder. The only acceptable evidence to establish the time of receipt at the office of the City Secretary is the time and date stamp of that office on the bid wrapper or other documentary evidence of receipt used by that office.

Failure to submit a bid on the bid form provided shall be considered just cause for rejection of the bid.

Modifications or additions to any original wording of any portion of the bid document may be just cause for rejection of the bid. The City of Cleburne reserves the right to decide, on a case-by-case basis, whether to reject a bid with modifications or additions as non-responsive.

1.7 ADDENDA

Any interpretations, corrections or changes to this Request for Bid package will be made by addenda. Sole issuing authority of addenda shall be the City of Cleburne, Johnson County, Texas, Purchasing Agent.

Any addenda that is generated for this project will be posted on the following websites:

https://www.civcastusa.com, and https://www.publicpurchase.com http://www.cleburne.net/index.aspx?nid=207. It is the responsibility of any potential bidder to regularly check for addenda for this bid.

1.8 BID WITHDRAWAL

After bids are opened, bidders shall not withdraw or cancel such bids and all sums deposited with such bid or bid will be held by the City of Cleburne until all bids or bids timely submitted have been canvassed and award of contract made, signed and, if a performance bond is required, furnished and approved. All sums deposited with bids or bids will then be returned to the respective bidders.

A bidder may withdraw a bid, if the City of Cleburne fails to award or issue a notice of intent to award the bid, within sixty (60) calendar days after the date fixed for the opening of bids.

No partial withdrawals are permitted. Only complete bid withdrawals are permitted.

B-4 BID 26-12

1.9 NON-MANDATORY PRE-BID CONFERENCE

All persons desiring to bid on this project may attend the pre-bid conference scheduled for 1:30 P.M., Wednesday September 9th, 2026, at 10 North Robinson Street Cleburne Texas 76031, City Council Chambers. Questions and concerns regarding the bidding process or specifications must be submitted in writing via emailed to the listed contact person.

1.10 BIDDER CERTIFICATION

The bidder agrees that submission of a signed bid form is certification that the bidder will accept an award made to it as a result of the submission.

1.11 QUALIFICATIONS OF BIDDER

CONTRACTOR must be thoroughly familiar with all aspects required in this bid package. CONTRACTOR shall furnish the number of years’ experience for providing these types of services and materials required. In addition, CONTRACTOR shall furnish a list of locations where he has performed this type of service, giving the name of the company, location address, telephone number, contact person and the year project was completed. The CONTRACTOR must have completed three (3) comparable projects within the past forty-eight

(48) months.

The City may make such investigations and inquiries, as it deems necessary to determine the qualification of any bidder to perform the work outlined. The bidder shall furnish to the City all information and data for this purpose as the City might request. The City reserves the right to reject any bid if his investigation of the bidder's qualifications fails to satisfy the City that the bidder is fully qualified to carry out the obligations of the contract.

No conditional bid will be accepted. All bids submitted by CONTRACTORS barred by the City of Cleburne will be rejected.

1.12 BIDDING, AWARD OF CONTRACT AND NOTICE TO PROCEED

It is the intent of the City to select a vendor that has the necessary background, qualifications, and experience.

The City reserves the right to accept or reject any, all, or any part of any bid, and to waive informalities.

Award of contract will be made to the lowest responsible bidder. The City of Cleburne reserves the right to award the bid based alternate bid item(s), if any.

1.13 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

The bidder certifies that the prices submitted in response to this solicitation have been arrived at independently and without - for the purpose of restricting competition - any consultation, communication, or agreement with any other bidder or competitor relating to those prices, the intention to submit a bid, or the methods or factors used to calculate the prices bid.

1.14 COLLUSION AMONG BIDDERS

Each bidder, by submitting a bid, certifies that it is not a party to any collusive action or any action that may be in violation of the Sherman Antitrust Act. Any or all bids shall be rejected if there is any reason for believing that collusion exists among the bidders.

1.15 COOPERATIVE PURCHASING

The City of Cleburne participates in the State of Texas Cooperative Purchasing Program administered by the Texas Building and Procurement Commission. Where applicable the City of Cleburne will compare bid prices from Cooperative Purchasing Programs and award to the bidder providing the lowest or best value.

B-5 BID 26-12

Subject to Section 271.102, Texas Local Government Code, governmental entities utilizing Inter-Local Cooperative Purchasing agreements with the City of Cleburne will be eligible, but not obligated, to purchase materials or services under this contract awarded as a result of this solicitation. All purchases for materials and services by Governmental Entities other than the City of Cleburne will be ordered by and billed directly to that Governmental Entity and paid by that Governmental Entity. The City of Cleburne will not be responsible for another Governmental Entity's debts.

Should other Governmental Entities decide to participate in this contract, the Vendor agrees that all terms, conditions, specifications, and pricing would apply.

1.16 VENDOR PROTEST

If a vendor would like to issue a formal protest with the City of Cleburne concerning this solicitation, the protest must be tendered to the Purchasing Department within 48 hours after the Award by the City Council. The protest must be typed, include the bid or bid number, date and time of the Bid Opening, statement of the aggrieved situation, and the protest must be signed by an authorized party of the vendor company.

Within 48 hours of receipt of the protest, the City will invoke a peer panel review consisting of the City Manager, Director of Finance, and a staff member appointed by the City Manager. This panel will review the protest and all relevant documentation provided by the vendor and the Purchasing Department. After reviewing all evidence and supporting documentation, the panel will render a decision on the validity of the protest and any findings and recommendations that could be so warranted. The recommendation will be forwarded to the Purchasing Department and the Vendor.

1.17 CONDITIONS OF WORK

The Contractor shall fully acquaint themselves with all existing conditions and limitations affecting the work, including (without limitation) all property lines, utility locations, existing improvements, elevations, and site and local conditions. All dimensions and clearances necessary to the work, as indicated on the drawings and contained in the specifications, shall be verified by the Contractor at the job site and the Contractor shall report any discrepancies to the City for adjustment before any work affected thereby is prosecuted.

Each bidder shall inform themselves fully of the conditions relating to the construction of the project. They should carefully examine specifications, visit the job site, and familiarize themselves with all conditions relating to construction costs. Failure to do so will not relieve the successful bidder of their obligation to furnish all materials and labor necessary to carry out the provisions of the contract.

If a bidder should find discrepancies in the specifications, or in any other document relating to the project, he should at once ask for clarification from the City. Failure to receive written clarification from the City prior to submitting the bid will not relieve the successful bidder of the obligation to carry out the provisions of the contract.

An addendum to the Plans and Specifications, if so needed, will be sent to all prospective bidders known who have met bidding requirements. Requests for clarification or interpretation should be made to the City and no other party.

1.18 ELIGIBLE BIDDER

Bidders are limited to those persons or firms qualified and engaged in a full-time business and can assume liabilities for any performance or warranty service required. The bidder may be required before the award of any bid to show to the complete satisfaction of the City that it has the necessary facilities, ability, and financial resources to provide the product or service specified therein in a satisfactory manner. The bidder may be required to give a past history and references in order to satisfy the City in regard to the bidder's qualifications. The City may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to provide the product or service, and the bidder shall furnish the City all information for this purpose that may be requested.

The City reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the City that the bidder is properly qualified to carry out the obligations of the bid.

B-6 BID 26-12

All bids will be signed by an authorized officer or agent of the bidding company or person. Bidder shall not bid as an agent for another person or company unless the Bidder specifies on the bid that they are bidding as an agent.

The bidder shall specify that they are an agent by following this example format:

XYZ Company as agent for ABC Company, or John Smith as agent for ABC Company

1.19 SUBLETTING

The contractor shall perform with his own organization, and with the assistance of workmen under his immediate superintendence, work of a value of not less than fifty-one percent (51%) of the value embraced in the contract.

If the Contractor sublets any part of the work to be done under these Contract Documents, they will not under any circumstances be relieved of the responsibility and obligation assumed under these Contract Documents. All transactions of the City will be with the Contractor. Subcontractors will be considered only in the capacity of employees or workmen of the Contractor and shall be subject to the same requirements as to character and competency. The City will not recognize any subcontractor on the work. The Contractor shall at all times, when the work is in operation, be represented either in person or by a superintendent or other designated company representatives.

1.20 CONFLICT OF INTEREST

No City of Cleburne employee or elected official of the City shall have a financial interest, direct or indirect, in any contract with the City, or be financially interested, directly or indirectly, in the sale to the City of any land, material, supplies or services, in accordance with V.T.C.S., Local Government Code, Title 5, Subtitle C, Chapter 171.

In accordance with Local Government Code Section 1, Subtitle C, Title 5, Chapter 176, all current and potential city vendors must complete the Conflict-of-Interest Questionnaire. This form must be returned with the submitted bid. Failure to submit this form is a Class C Misdemeanor.

1.21 ASSIGNMENT OF CONTRACT

The Contractor shall not assign, transfer, sublet, convey, or otherwise dispose of the contract or his rights, title, or interest in or to the same or any part thereof without the previous consent of the Owner expressed by resolution of the City Council and concurred in the Sureties.

If the Contractor does, without such previous consent, assign, transfer, sublet, convey, or otherwise dispose of the contract or his right, title, or interest therein or any part thereof, to any person or persons, partnership, company, firm, or corporation, or does by bankruptcy, voluntary or involuntary, or by assignment under the insolvency laws of any state, attempt to dispose of the contract may, at the option of the Owner be revoked and annulled, unless the Sureties shall successfully complete said contract, and in the event of any such revocation or annulment, any monies due or to become due under or by virtue of said contract shall be retained by the Owner as liquidated damages for the reason that it would be impracticable and extremely difficult to fix the actual damages.

1.22 BEGINNING AND COMPLETION TIME

The Contractor must begin work within 10 days from the date of the notice to proceed. The project has an estimated completion time of 210 calendar days.

B-7 BID 26-12

1.23 LIQUIDATED DAMAGES

A. For each calendar day that any work shall remain incomplete after the time specified in the proposal and the contract, or the increased time granted by the City, the sum per day given in the following schedule will be deducted from the monies due the CONTRACTOR, not as a penalty but as liquidated damages:

Amount of Contract Amount of Liquidated Damages Per Day

Less than $ 5,000.00 $1,000.00 $ 5,000.00 to 14,999.99 1,000.00

15,000.00 to 24,999.99 1,000.00 25,000.00 to 49,999.99 2,500.00 50,000.00 to 99,999.99 2,500.00

100,000.00 to 499,999,99 2,500.00 More than 500,000.00 2,500.00

B. This sum of money thus deducted for such delay, failure or non-completion is not to be considered as a penalty, but it shall be deemed, taken and treated as reasonable liquidated damages, since it would be impractical and extremely difficult to fix the actual damages, and the City may withhold from the CONTRACTOR'S compensation such liquidated damages.

1.24 BID SECURITY

Each bid shall be accompanied by a cashier's check or certified check made payable to the City of Cleburne, or a bid bond, duly executed by the bidder as principal and having as surety thereon a surety company approved by the City, in the amount of five (5%) percent of the total bid amount. The bid security must be enclosed in the same envelope with the bid.

No bid will be considered without an accompanying bid security.

1.25 PERFORMANCE AND PAYMENT BONDS

The successful bidder must furnish bonds, from an approved surety company holding a permit from the State of Texas to act as surety and being acceptable to the City, or a non-revocable bank letter of credit in a form acceptable to the City for the following:

Performance Bond

Payment Bond

100% of contract price (for contracts over $100,000.00)

100% of contract price (for contracts over $25,000.00)

In addition, in the event that the total cost submitted, including alternatives is less than twenty-five thousand dollars ($25,000.00) a respondent may elect to forgo any payment for the project until the work is completed and accepted by the City Council. The successful respondent will be required to furnish a signed notarized document from each claimant, showing that all claimants who have furnished labor or materials have been paid in full prior to acceptance by the City Council.

B-8 BID 26-12

1.26 INSURANCE

CONTRACTOR, performing as an independent Contractor hereunder, shall be fully responsible for providing Workman's Compensation with Employer's Liability, Commercial General Liability, and Automobile Liability coverage as required by the state of Texas.

The insurance coverages or plan shall name the City of Cleburne, its officials, employees and volunteers, (collectively, the "City") as an additional insured. CONTRACTOR shall furnish a certificate of insurance or other evidence of the required coverage prior to commencement of work under the agreement.

CONTRACTOR shall provide a certificate of insurance compliance within 10 calendar days after notification of award. Certificates must include, name and address of insurance company (must be authorized by the State of Texas to transact business in the State of Texas or be named on the approved listing of non-admitted insurers);

Policy Number; and liability coverage and amounts.

(THE CITY OF CLEBURNE INSURANCE REQUIREMENT AFFIDAVIT MUST BE RETURNED

WITH BID.)

1.27 CONTRACTOR SHALL:

A. provide coverage for its employee services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements;

B. provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project;

C. provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project;

D. obtain from each person providing services on a project, and provide to the governmental entity;

1. a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and

2. no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

E. retain all required certificates of coverage on file for the duration of the project and for one year thereafter;

F. notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project;

G. post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act of other commission rules. This notice must be printed with a title in at least 30-point bold type and text in at

B-9 BID 26-12

least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text in Figure 2 provided by the commission on the sample notice, without any additional words of changes:

(Figure 2)

REQUIRED WORKERS' COMPENSATION COVERAGE

"The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance.

This includes persons providing, hauling, or delivering equipment of materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee."

"Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage."

H. Contractually require each person with whom it contracts to provide services on a project, to:

1. provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees' providing services on the project, for the duration of the project;

2. provide a certificate of coverage to the contractor prior to that person beginning work on the project;

3. include in all contracts to provide services on the project the language in subsection (e)(2) of this rule;

4. provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

5. obtain from each other person with whom it contracts, and provide to the contractor:

a) a certificate of coverage, prior to the other person beginning work on the project; and

b) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

6. retain all required certificates of coverage on file for the duration of the project and for one year thereafter;

7. notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and

B-10 BID 26-12

8. contractually require each other person with whom it contracts, to perform as required by paragraphs (A)-(H), with the certificate of coverage to be provided to the person for whom they are providing services.

9. The contractor shall contractually require each person with whom it contracts to provide services on project, to:

a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section

401.011 (44) for all of its employees’ providing services on the project, for the duration of the project;

b) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project;

c) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of coverage ends during the duration of the project;

d) obtain from each other person with whom it contracts, and provide to the contractor;

(1) a certificate of coverage, prior to the other person beginning work on the project; and

(2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;

f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and

g) contractually require each person with whom it contracts, to perform as required by paragraphs

a) - g), with the certificates of coverage to be provided to the person for whom they are providing services.

I. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting or classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or , in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions.

B-11 BID 26-12

J. Successful bidder will be required to electronically create a Form 1295 through the Texas Ethics Commission website (https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm) and submit a signed and notarized copy of the form to the City per section 2252.908 of the Government Code. A contract, including City-issued purchase order, will not be enforceable or legally binding until the City receives and acknowledges receipt of the properly completed Form 1295 from the awarded vendor.

K. Cleburne is an EEO employer. The EEOP report is available on www.clebume.net or by request.

L. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity.

Certifications should be submitted to:

City of Cleburne Purchasing Agent purchasing@cleburne.net P.O. Box 677

Cleburne, TX 76033-0677

1.28 WAGE RATES

Wage rates paid on this project shall not be less than those indicated on the Wage Rate Schedule included herein.

These rates have been established by the City of Cleburne in compliance with statutory requirements and prevailing wages in the locality of the project.

1.29 ANTITRUST

By entering into a contract for goods or services with the City of Cleburne, the successful bidder conveys, sells, assigns, and transfers to the City of Cleburne, Texas, all rights, titles, and interest it may now have or hereafter acquire under the antitrust laws of the United States and the State of Texas that relate to the particular good or service purchased or acquired by the City of Cleburne under said contract.

1.30 APPLICABLE LAW

The contract shall be governed in all respects by the laws of the State of Texas, and any litigation with respect thereto shall be brought in the courts of the State of Texas. The successful bidder shall comply with applicable federal, state, and local laws and regulations.

1.31 ASSIGNMENT

The successful bidder shall not assign, transfer, convey, sublet, or otherwise dispose of any award or any or all of its rights, title, or interest therein, without the prior written consent of the City of Cleburne.

1.32 BID ACCEPTANCE PERIOD

Any bid submitted as a result of the solicitation shall be binding on the bidder for sixty (60) calendar days following the bid opening date. Any bid for which the bidder specifies a shorter acceptance period may be rejected.

1.33 NONCONFORMING TERMS AND CONDITIONS

A bid response that includes terms and conditions that do not conform to the terms and conditions in the bid document is subject to rejection as non-responsive. The City of Cleburne reserves the right to permit the bidder to withdraw nonconforming terms and conditions from its bid response prior to a determination by the City of non-responsiveness based on the submission of nonconforming terms and conditions.

B-12 BID 26-12

1.34 LIABILITIES

The vendor shall hold the City of Cleburne, its officers, agents, servants and employees harmless from liability of any nature or kind because of the use of any copyrighted, or un-copyrighted composition, secret process, patented or unpatented invention, articles or appliances furnished or used under this bid and agrees to defend, at vendor's own expense, any and all actions brought against the City of Cleburne or the bidder because of the unauthorized use of such articles.

1.35 ORAL STATEMENTS

No oral statement of any person shall modify or otherwise affect the terms, conditions, or specifications stated in this bid document. All modifications to this bid document shall be made by the official issuance of an addendum by the Purchasing Agent of the City of Cleburne.

1.36 REFERENCES

The City of Cleburne may request the bidder to supply, with this bid package, a list of at least three (3) references where like services or products have been supplied by their firm. If requested, include the name of the firm, mailing address, telephone number and contact person.

1.37 RIGHTS RESERVED

This bid must comply with all federal, state and local laws concerning this product or service.

The City of Cleburne reserves the right to accept or reject any or all bids, to accept a bid in part or in whole, to waive informalities or irregularities and to award bid to the lowest responsible bidder(s).

Section C

PREVAILING WAGE RATES

Section D

REQUIRED FORMS

RETURN ALL PAGES IN THIS SECTION WITH BID

RETURN WITH BID D1

ETHICS STATEMENT

(Complete and Return this Form with Proposal)

The undersigned firm, by signing and executing this RFP, certifies and represents to the City of

Cleburne that the firm has not offered, conferred or agreed to confer any pecuniary benefit, as defined by 1.07 (a) (6) of the Texas Penal Code, or any other thing of value as consideration for the receipt of information or any special treatment of advantage relating to this RFP; the firm also certifies and represents that the firm has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value as consideration for the recipient’s decision, opinion, recommendation, vote or other exercise of discretion concerning this RFP, the firm certifies and represents that firm has neither coerced nor attempted to influence the exercise of discretion by any officer, trustee, agent or employee of the City of Cleburne concerning this RFP on the basis of any consideration not authorized by law; the firm also certifies and represents that firm has not received any information not available to other firms so as to give the undersigned a preferential advantage with respect to this RFP; the firm further certifies and represents that firm has not violated any state, federal, or local law, regulation or ordinance relating to bribery, improper influence, collusion or the like and that firm will not in the future offer, confer, or agree to confer any pecuniary benefit or other thing of value of any officer, trustee, agent or employee of the City of Cleburne in return for the person having exercised their person’s official discretion, power or duty with respect to this RFP; the firm certifies and represents that it has not now and will not in the future offer, confer, or agree to confer a pecuniary benefit or other thing of value to any officer, trustee, agent, or employee of the City of Cleburne in connection with information regarding this

RFP, the submission of this RFP, the award of this RFP or the performance, delivery or sale pursuant to this RFP.

THE FIRM SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY OF

CLEBURNE, ALL OF ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND

AGAINST ALL CLAIMS, ACTIONS, SUITS, DEMANDS, PROCEEDING, COSTS,

DAMAGES AND LIABILITIES ARISING OUT OF, CONNECTED WITH, OR

RESULTING FROM ANY ACTS OR OMISSIONS OF FIRM OR ANY AGENT OR

EMPLOYEE OF FIRM IN THE EXECUTION OR PERFORMANCE OF THIS RFP.

I have read all of the specifications and general RFP requirements and do hereby certify that all items submitted meet specifications.

FIRM:

OFFICER NAME:

OFFICER SIGNATURE:

ADDRESS:

CITY: STATE: ZIP CODE:

TELEPHONE: FAX:

FEDERAL ID#:

D2 RETURN WITH BID

BUSINESS OWNER INFORMATION FORM

(Complete and Return this Form with Proposal)

Owner Status (Check applicable boxes)

Business Name:

MALE/FEMALE ETHNICITY PHYSICAL

CONDITION

ENTERPRISE SIZE

☐ Male ☐ White ☐ Disabled ☐ Small Business

☐ Female ☐ Hispanic ☐ Not Disabled ☐ Large Business

☐ Asian Pacific

☐ Sub-Continent Asian BUSINESS

STRUCTURE

☐ Sole Proprietor

☐ Black/African

American

☐ Partnership

☐ Native American ☐ LLC

☐ Other ☐ Public Corporation

☐ Private Corporation

☐ Non-Profit

Organization

FEDERAL TAX ID#:

SUBCONTRACTORS

☐ None. No subcontractor(s) will be used to complete this contract.

☐ Yes. Name(s) of Subcontractor(s):

% of Total Contract

Address:

(Attach a list if additional space is necessary)

CERTIFICATION OF BUSINESS AS SMALL, MINORITY OR WOMAN OWNED ENTERPRISE

(SMWBE)

The City will identify a Small, Minority, & Woman Owned Business Enterprise Program. Additional information may be required after receipt of offers and/or award of contract(s) to support and document the

SMWBE certification. The City will accept certification from various agencies, [i.e. Local

(www.sctrca.org), State of Texas (www.tbpc.state.tx.us), Federal (www.sba.gov or www.va.gov/OSDBU), and the private sector (www.cstmbc.org or www.wbea-texas.org)]

Certifying Agency: REG#: Expiration Date:

☐ SBE ☐ MBE ☐ WBE ☐ DBE ☐ 8(a)

☐ Veteran http://www.sba.gov/ http://www.va.gov/OSDBU) http://www.cstmbc.org/

D3 RETURN WITH BID

CERTIFICATION REGARDING DEBARMENT, SUSPENSION,

AND OTHER RESPONSIBILITY MATTERS

(Complete and Return this Form with Proposal)

Name of Entity:

The prospective participant certifies to the best of their knowledge and belief that they, the principals in the firm, and the firm:

1. Are not presently debarred, suspended, proposed for debarment, and or declared ineligible from providing water and wastewater impact fee study, any associated engineering services, and or voluntarily surrendered their license to provide such related services in the

State of Texas and or the United States of America.

2. Are not presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from conducting any business and or financial transactions by any department or agency of Federal, State, and or local government.

3. Have not been convicted of, had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

4. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, Local) with commission of any of the offenses enumerated in item 3 above of the certification; and

5. Have not within a ten (10) year period preceding this RFP had one or more public transactions (Federal, State, Local) terminated for cause or default.

I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Section 1001, a false statement may result in a fine up to a $10,000.00 or imprisonment for up to five (5) years, or both.

Name and Title of Authorized Representative (Typed)

Signature of Authorized Representative Date

I am unable to certify to the above statements. My explanation is attached.

D4 Revised 1/1/2021 Form provided by Texas Ethics Commission www.ethics.state.tx.us

RETURN WITH BID

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

FORM CIQ

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.

OFFICE USE ONLY

Date Received

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 ownership interest of one percent or more.

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 of vendor doing business with the governmental entity

Date http://www.ethics.state.tx.us/

D5 Revised 1/1/2021 Form 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…