233-PH IFB KAE.TNR.IFB.pdf

Version 1.1 August 2026

Travis County Purchasing Office

P.O. Box 1748 Austin, TX 78767

Invitation For Bid NO. 233-PH

FOR

Fence Construction, Installation, Repairs, and Removal

You are invited to submit a response in accordance with the attached requirements packet.

FOR INFORMATION RELATED TO THIS SOLICITATION, THE RESPONDENT SHALL NOT CONTACT ANYONE AT TRAVIS

COUNTY OTHER THAN THOSE PERSONS LISTED AS THE POINT OF CONTACT. ANY OTHER CONTACT MAY DISQUALIFY THE

RESPONSE FROM CONSIDERATION FOR AWARD.

INDIVIDUALS OR ENTITIES INTENDING TO RESPOND TO THIS SOLICITATION AND ANY PERSON ACTING ON BEHALF OF

THEM ARE PROHIBITED FROM CONTACTING INDIVIDUAL MEMBERS OF THE TRAVIS COUNTY COMMISSIONERS COURT

OR THEIR STAFF OR USER DEPARTMENT STAFF ABOUT THIS SOLICITATION. ANY SUCH CONTACT MAY DISQUALIFY THE

RESPONSE FROM CONSIDERATION FOR AWARD.

Solicitation Submissions: Bidders, you are strongly encouraged to submit your bids online via BidNet. A secondary option would be to submit your bid via USPS mail, FedEx, DHL, etc. IF YOU PLAN TO DELIVER A HARD COPY TO THE PURCHASING

OFFICE, YOU MUST CONTACT THE PROCUREMENT SPECIALIST ONE (1) BUSINESS DAY PRIOR TO DELIVERY. Bids submitted electronically will be available immediately after the solicitation opening date and time on Bidnet. Please note hard copy responses will be uploaded on Bidnet and available to the public within four business hours of the opening date and time.

Solicitation Openings: The Purchasing Offices strongly encourages you to download the bid tab from BidNet or use the virtual Microsoft TEAMS dial-in information (supplied below) during which the bids will be read aloud. We are strongly discouraging you from going to our office for the bid opening.

FOR INFORMATION REGARDING THE CONTRACT AWARD(S) RESULTING FROM THIS SOLICITATION, PLEASE REFER TO

THE TRAVIS COUNTY COMMISSIONERS COURT PORTAL AT:

https://countyclerk.traviscountytx.gov/departments/commissioners-court/

Important Announcement: On July 28, 2026, the Travis County Commissioners Court approved raising the County’s formal competitive bidding threshold from $50,000 to $100,000. The Commissioners Court also approved raising the County’s informal threshold from $15,000 to $30,000.

This increase will align the County’s policy and formal bidding threshold with State law, particularly Texas Senate Bill 1173

(89th Legislature), which was effective September 1, 2025, and increase operational efficiency by reducing the administrative workload and resources needed for procurements between $30,000 and $100,000.

This change will allow our office to focus resources on larger, more complex, high-value and high-impact procurements, as well as more accurately reflect current market conditions.

https://countyclerk.traviscountytx.gov/departments/commissioners-court/

Bid Opening Microsoft TEAMS Meeting Information:

Meeting ID: 233 882 596 044 928

Passcode: 9XD6qU3n

Dial in by Phone

1-512-854-8326 United States, Austin

Phone conference ID: 420 724 597#

Prices Good For 120 Days

Performance Period: See Special Provisions, Section 2 Term of Contract

Liquidated Damages: See General Conditions of the Construction Contract, Item 8, Section 8.6 Failure to Complete Work on Time https://www.traviscountytx.gov/purchasing/solicitation https://www.traviscountytx.gov/purchasing/solicitation

TRAVIS COUNTY

PURCHASING OFFICE

700 Lavaca Street, Suite 800 Austin, Texas 78701

Construction Respondent Acknowledgement

Vendor Name:

☐Partnership ☐Corporation ☐Sole Proprietorship ☐Other

Vendor Mailing Address:

Area Code/Telephone Number:

Toll-Free Telephone Number:

Fax Number:

Vendor E-Mail Address:

Vendor Web Address:

FEID No. or SS#:

Respondent’s State of Residence:

Certified Historically Underutilized Vendor (Check One): ☐ Yes ☐ No

In compliance with the terms, conditions and specifications, the undersigned offers and agrees to furnish any and all of the items or services enumerated and upon which prices are estimated at the unit price set opposite each item, delivered at the designated point(s) within the time specified.

Name of Company Representative Submitting Response

Title of Company Representative Submitting Response

Date

The undersigned respondent (the “Respondent”) declares the following with respect to its response (the “Response”):

(i) the only person interested in the Response as principals are those named herein; (ii) the Response is genuine and made without collusion with any other person, firm or corporation; (iii) the Respondent has carefully examined the Response Form (with supporting documentation) and any Addenda or Amendments thereto, the contract (with supporting documentation), the General Conditions, the Supplementary Conditions, the Specifications, and the plans, and (iv) the Response is made in accordance therewith and the conditions of the proposed work. The Respondent agrees to provide all the necessary materials, labor, services, machinery, tools, apparatus, permits, bonds, and other necessary means of construction, and will do all the work and furnish all the materials called for in the resulting contract and Specifications in the manner prescribed therein.

If the resulting contract is in excess of the amounts specified in Texas Government Code Sections 2253.001 et seq., for which bonding is required, a performance bond and payment bond shall be given by the undersigned within seven (7) calendar days of receipt of written notification of contract award in the full amount of the contract. The Respondent acknowledges that the bonds are required to secure proper compliance with the terms and provisions of the contract, and to insure and guarantee the work until final completion and acceptance. The bonds will be attached to the executed contract and become a part thereof. All premiums for such bonds will be paid by the Respondent.

The Respondent shall also provide a bid bond or a certified cashier’s check with its Response, payable to the order of Travis County, Texas, for not less than five percent (5%) of the total Response amount. If a copy is submitted electronically through the BidNet Network, an original of that submission and one copy will be due one business day after online submission by Close of Business. Said bond or check will be returned to the Respondent unless the Response is accepted and the Respondent fails to execute a contract upon request or fails to file a performance bond and payment bond, as noted above, within seven (7) calendar days of receipt of written notification of award of contract, or, when required, to provide a Trench Excavation Protection System plan within twenty-one (21) calendar days of written notification of award of the contract, in which case the bid bond or check shall become the property of Travis County, Texas, and shall be considered as payment for damages due to delay and other inconveniences suffered by said Travis County on account of failure of the Respondent to perform.

The Respondent understands that in the event that a performance bond and/or payment bond is not required, then payment shall be made upon acceptance by the County of satisfactory work by the Contractor. Even if a performance and/or payment bond is not required, the contract must be executed in a manner described herein.

The Respondent attests and affirms that he/she and his/her subcontractors are skilled and experienced in the use and interpretation of plans, specifications, addenda, and related solicitation documents and, that he/she has carefully reviewed the plans, specifications, addenda, and related solicitation documents for this project and has found them to be free of conflicts and/or ambiguities and sufficient for estimating and construction purposes. Further, he/she has carefully examined the work site, and through his/her personal observations, has satisfied himself/herself as to the nature, location and requirements of the work; the character, quality and quantity of materials required; the difficulties likely to be encountered; and the other items and/or conditions which may affect the satisfactory performance of the work. He/she has based his/her Response solely on these documents, and personal observations, and has not relied in any way on any explanation or interpretation, oral or written, from any source other than those written and issued by the County via contract documents, specifications, and addenda, if existing.

It is understood that Travis County reserves the right to reject any and all Responses and to make award of a base response and/or an alternate response which is in the best interest of Travis County. It is further understood that the Response may not be modified or withdrawn for ninety (90) calendar days from the date of Response opening.

The work proposed to be done shall be accepted when fully completed and finished to the entire satisfaction of the Travis County Commissioners Court.

As part of this Response, attached is a completed, certified safety record questionnaire; a sworn declaration and acknowledgement regarding Travis County ethics requirements; and a Historically Underutilized Business (“HUB”) Program Declaration.

Contractor has complied with Instructions to Bidders/Proposers, examined these Solicitation Documents, is familiar with all the conditions relating to the proposed project, has received and acknowledges all Addenda and has included their provisions in the Response upon these premises. The Respondent hereby proposes to furnish all labor, materials, services, permits, machinery, tools, supplies, bonds, overhead and profit required for or incidental to full and final completion of the Project.

☐ Addenda Acknowledgment

CONTRACT REQUIREMENTS

In submitting this Response, the Respondent agrees:

A. To accept the provisions of the Instructions to Bidders/Proposers and Notice to Bidders/Proposers, including without limitations those dealing with the disposition of bid bonds (or other bid security);

B. To accomplish the work in accordance with the Contract Documents;

BONDS

The Surety requested to issue the performance and payment bonds will be:

(Name of Statutory Surety Company (registered in the State of Texas)

Respondent acknowledges and agrees that a performance and/or payment bond submitted in connection with the project that is the subject of the Contract will clearly and prominently display on the bond or on an attachment to the bond:

(1) The name, mailing address, physical address, and telephone number, including the area code, of the surety company to which any notice of claim should be sent; or

(2) The toll-free telephone number maintained by the Texas Department of Insurance under Article 1.35D, Texas Insurance Code, and a statement that the address of the surety company to which any notice of claim should be sent may be obtained from the Texas Department of Insurance by calling the toll-free telephone number.

Respondent hereby authorizes said surety company to disclose any information to Travis County concerning the undersigned's ability to supply a performance and payment bond in the amount of the Contract.

Respondent hereby acknowledges that it is Respondent’s responsibility to notify the surety company (named above) in writing of any and all fully executed contract modifications/change orders that cause an increase or decrease to the contract amount. Respondent agrees to and shall provide such written notice to the surety during the term of the Contract.

ATTACHMENTS

The undersigned has attached the following, which are a condition of the response:

Ethics Sworn Declaration-Statement of Compliance with the Travis County Ethics Policy (including: Exhibit A, Attachment 1: List of Key Contracting Persons) Safety Record Questionnaire HUB Program Declaration Certificate of Secretary (if Respondent is a corporation) Certification Regarding Debarment Bid Security

EXHIBIT A

ETHICS SWORN DECLARATION

Date: _________________

Name of Declarant: ____________________________________

Title of Declarant: _____________________________________

Business Name of Respondent: __________________________

County of Respondent: _________________________________

Declarant on oath swears or affirms that the following statements are true and complete:

1. Declarant is authorized by Respondent to make this Sworn Declaration for Respondent.

2. Declarant is fully aware of the facts stated in this Sworn Declaration.

3. Declarant can read the English language.

4. Respondent has received the List of Key Contracting Persons associated with this agreement which is attached to this Sworn Declaration as Exhibit "A".

5. Declarant has personally read Exhibit "A" to this Sworn Declaration.

6. Declarant has no knowledge of any key contracting person on Exhibit "A" with whom Respondent is doing business or has done business during the 365 day period immediately before the date of this Sworn

Declaration whose name is not disclosed in Exhibit “B” to this Sworn Declaration.

Signature of Declarant

Typed or printed name of Declarant: __________________________

Address: ___________________________________________

EXHIBIT A, ATTACHMENT 1

LIST OF KEY CONTRACTING PERSONS

August 12th 2026

CURRENT EMPLOYEES

Position Held

Name of Individual Holding Office/Position

Name of Business

Individual is Associated

County Judge Andy Brown

County Judge (Spouse) Sara Strother Ascension Seton

Chief of Staff to County Judge Kate Garza

Business Office Manager Cynthia Valdez

Agenda Coordinator Leo Carneiro

Executive Assistant Brigitte Bowen*

Executive Assistant Grace Inman*

Special Projects Manager Sara Groff*

Commissioner, Precinct 1 Jeff Travillion

Commissioner, Precinct 1 (Spouse) Perri Travillion Austin Spurs

Chief of Staff to County Commissioner Walter Muse

Executive Assistant Deone Wilhite

Executive Assistant Caitlin Brown

Commissioner, Precinct 2 Brigid Shea

Commissioner, Precinct 2 (Spouse) John Umphress Austin Energy

Chief of Staff to County Commissioner Barbara Rush

Executive Assistant Lani Oglewood

Executive Assistant Dora Anguiano

Commissioner, Precinct 3 Ann Howard

Commissioner, Precinct 3 (Spouse) John Howard Dell Tech

Chief of Staff to County Commissioner Nirav Shah

Executive Assistant Lucy Oglesby

Executive Assistant Mick Long

Executive Assistant Brianna McBride

Commissioner, Precinct 4 George Morales*

Chief of Staff to County Commissioner Fred Cantu*

Executive Assistant David Salazar

Executive Assistant Joaquin Chincanchan*

Executive Assistant Melissa Villarreal*

County Treasurer Dolores Ortega-Carter

County Auditor Patti Smith

County Executive, Planning & Budget Jessica Rio

County Executive, Emergency Services Charles Brotherton

County Executive, Health & Human Services Pilar Sanchez

County Executive, Transportation & Natural Resources

Cynthia McDonald

County Executive, Justice & Public Safety Vacant

County Executive, Technology & Operations Maurice McCreary*

County Executive, Community Legal Services Geoff Burkhart

Travis County Attorney Delia Garza

Attorney Deputy Chief Senior Leslie Dippel

Attorney Deputy Chief Senior Lucio Del Toro

Director Enforcement Litigation Division Melissa Hargis

Attorney VII, Enforcement Litigation Division Sameer Birring

Attorney VI Jacqueline Sanchez

Attorney VII, Transactions & Land Use Division Julie Joe

Attorney VI, Transactions & Land Use Division Christina Tagle

Attorney VII, Transactions & Land Use Division Christopher Gilmore

Attorney VII Georgette Hogarth

Director, Transactions & Land Use Division Ann-Marie Sheely

Asst Director, Transactions & Land Use Division Ann Greenberg

Attorney VII, Transactions & Land Use Division Katherine (Kate) Fite

Attorney VII, Transactions & Land Use Division Matthew R. Entsminger

Attorney VII, Transactions & Land Use Division Kimberly Wesley*

Attorney VII, Transactions & Land Use Division Viri Pulido

Attorney III, Transactions Division Linda Martinez

Director, Health Services Division Trelisha Brown

Attorney, Health Services Division Kinski Moss

Attorney VII, Health Services Division David Duncan

Attorney VII, Health Services Division Prema Gregerson

Attorney VI, Health Services Division Haseeb Abdullah

Purchasing Agent C.W. Bruner, CPPB, PMP

Procurement Director Jorge Talavera, CPPO, CPPB, CTPE, NIGP-CPP

Lead Procurement Officer James A. Carey

Lead Procurement Officer Sara Kassem, MPA, CPPB, CTCM, CTCD, NIGP-

CPP

Lead Procurement Officer Bridgett Bradshaw, NIGP-CPP, CPPB

Procurement Specialist IV Lori Clyde, CPPO, CPPB, CTPE, NIGP-CPP

Procurement Specialist III Jerry Jones, MBA, CTCM

Procurement Specialist III Priscilla Harrington, CPP, CPSM

Procurement Specialist III Jean Liburd

Procurement Specialist III Limbania Rodriguez, CPPB

Procurement Specialist III Geri Castaneda

Procurement Specialist II Patricia Estrada

Procurement Specialist II Joe Hon

Procurement Specialist II Christopher Milledge

Procurement Specialist II Tina Litzner

Procurement Specialist II Brandon Hoffman

Procurement Specialist II Maurecia Smith

Procurement Specialist II Danielle Manriquez*

Procurement Specialist II Lezlie Mills*

Procurement Specialist I Christine Oglesby*

Procurement Specialist II Ardian Shaholli, CPP*

Procurement Specialist II Patrick Hendricks*

Procurement Specialist I Sam McCord

Procurement Specialist I Jessica Reagan

Procurement Specialist I Teresa Rosalez

Procurement Specialist I Gina Garcia

Procurement Specialist I Claire Winn*

Procurement Specialist I Tommie Wesley

Procurement Specialist I Vacant*

Procurement Specialist I Danielle Cortez-Medina*

* - Identifies employees who have been in that position less than a year.

FORMER EMPLOYEES

Position Held Name of Individual Holding Office/Position Date of Expiration

Procurement Specialist IV Lee Perry 08/31/26

Procurement Specialist III Jennifer Proctor Romero 10/02/26

Contract Compliance Monitor Colby Elizondo 12/18/26

Procurement Specialist II Sam Francis 01/02/27

Procurement Specialist II Lauren Hudak 01/09/27

Procurement Specialist I Koren Shannon 06/01/27

County Executive, Technology & Operations Paul Hopingardner 05/29/27

Commissioner, Precinct 4 Margaret Gomez 05/31/27

Procurement Specialist II Thomas Lynch 07/17/27

Procurement Specialist I Hilario Aldape*

Procurement Specialist I Andrew Steele*

Procurement Specialist I Zitlhaly Ramos*

Procurement Specialist I Cristofer Martinez*

Purchasing Operations Division Director Jason G. Walker, CPPB

Purchasing Operations Division Director Rachel Fishback, CPPB

Purchasing Operations Specialist III April Cook*

Purchasing Business Analyst II Kevin Scarbrough

Purchasing Business Analyst II Scott Worthington

Operations Consultant Jennifer Winkler, MBA, CGAP, NIGP-CPP

HUB Program Director Sylvia Lopez

Assistant HUB Director Randle Jackson

Community Liaison Kaleo Lopez, SSH*

HUB Specialist Nicholas Morrow

HUB Specialist Jessica Reagan

HUB Specialist Crystal Bennett

HUB Specialist Sydney McClelland

Contract Compliance Director Tenley Aldredge, M.I.A., J.D.

Assistant Contract Compliance Director Kimberly Effinger*

Contract Compliance Program Manager Jackie Childress

Contract Compliance Program Manager Andrew J. Artzt, J.D.

Contract Compliance Officer Vacant

Contract Compliance Monitor Dennis Reyna

Contract Compliance Monitor Patrick Tuohy

Contract Compliance Monitor Tommie Wesley

Contract Compliance Monitor Joseph Castillo

Contract Compliance Monitor Jonathan Garza, MPA

Contract Compliance Monitor Odette Marin

TNR, Assistant Directory Jeremy Hull

TNR, Natural Resources Supervisor Samuel Berg

TNR, Park Land Manager Linda Laack

TNR, Senior Environmental Specialist Kathryn Hallberg

EXHIBIT A, ATTACHMENT 2

DISCLOSURE

Respondent acknowledges that Respondent is doing business or has done business during the 365-day period immediately prior to the date on which this Qualifications Statements is due with the following Key Contracting

Persons and warrants that these are the only such Key Contracting Persons:

If no one is listed above, Respondent warrants that Respondent is not doing business and has not done business during the 365-day period immediately prior to the date on which this proposal is due with any key contracting person.

SAFETY RECORD QUESTIONNAIRE

PART A – SAFETY RECORD QUESTIONNAIRE FOR PRIME CONTRACTOR

(Part A must be submitted by prime contractor with bid.)

The Travis County Commissioners Court desires to avail itself of the benefits of Sections 262.0275 and 271.0275 of the Local Government Code and Section 2269.056 of the Texas Government Code, and thereby consider the safety records of potential contractors prior to awarding bids on County contracts. Pursuant to Sections 262.0275 and

271.0275 of the Local Government Code and Section 2269.056 of the Texas Local Government Code, Travis County has adopted the following written definition and criteria for accurately determining the safety record of a bidder prior to awarding bids on County contracts.

The definition and criteria for determining the safety record of a bidder for this consideration shall be:

If the bidder in response to the questions in this Questionnaire reveals more than two (2) cases in which final orders have been entered by the Occupational Safety and Health Review Commission (OSHRC) against the bidder for serious violations of OSHA regulations within the past three (3) years, County will, at its discretion, determine whether to disqualify the bidder.

If the bidder in response to the questions in this Questionnaire reveals more than one (1) case in which bidder has received a citation from an environmental protection agency for violations within the past five (5) years, County will, at its discretion, determine whether to disqualify the bidder. Environmental Protection Agencies include the U.S. Army Corps of Engineer (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Department of Health (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed pending criminal complaints, indictments, or convictions, deferred adjudications, administrative orders, draft orders, final orders, judicial final judgments. Notice of Violations and Notice of Enforcement received from TCEQ shall include those classified as major violations and moderate violations under TCEQ’s regulations for documentation of Compliance History, 30TAC, Chapter 60.2 (c) (1) and (2).

If the bidder in response to the questions in this Questionnaire reveals that the bidder has been convicted of a criminal offense within the past ten (10) years which resulted in serious bodily harm or death, County will determine whether to disqualify the bidder.

In order to obtain proper information from bidders so that Travis County may consider the safety records of potential contractors prior to awarding bids on County contracts, Travis County requires that bidders answer the following three (3) questions and submit them with their bids:

QUESTION ONE

Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years?

☐ YES ☐ NO

If the bidder has indicated YES for question number one above, the bidder must provide to Travis County, with its bid submission, the following information with respect to each such citation:

Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed.

QUESTION TWO

Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations with the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, judicial final judgments. Notice of Violations and Notice of Enforcement received from TCEQ shall include those classified as major violations and moderate violations under TCEQ’s regulations for documentation of Compliance History, 30TAC, Chapter 60.2 (c) (1) and (2).

If the bidder has indicated YES for question number two above, the bidder must provide to Travis County, with its bid submission, the following information with respect to each such conviction:

Date of offense, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed.

QUESTION THREE

Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death?

If the bidder has indicated YES for question number three above, the bidder must provide to Travis County, with its bid submission, the following information with respect to each such conviction:

Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed.

On all projects having an estimated construction budget range of One Million Dollars ($1,000,000) or higher, it is the sole responsibility and obligation of the bidder to ensure that all subcontractors performing any part of the work on this project disclose to the bidder their safety records. The bidder may fulfill this obligation by distributing the “Safety Record Questionnaire for Subcontractors” form included in this solicitation as Part B of this form to all subcontractors and verifying to County that the forms have been completed and returned to the bidder. All safety records are subject to County’s review upon request.

ACKNOWLEDGEMENT

THE STATE OF TEXAS

COUNTY OF TRAVIS

I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire will be investigated, with my full permission, and that any misrepresentations or omissions may cause my bid to be rejected.

Signature

Title

PART B - SAFETY RECORD QUESTIONNAIRE FOR SUBCONTRACTORS

(Part B must be submitted by all subcontractors to the prime contractor with their bids. Prime contractor is NOT required to submit this Part B with their bid.)

The Travis County Commissioners Court desires to avail itself of the benefits of Sections 262.0275 and 271.0275 of the Local Government Code and Section 2269.056 of the Texas Government Code, and thereby consider the safety records of potential subcontractors prior to awarding bids on County contracts. Pursuant to Sections 262.0275 and

271.0275 of the Local Government Code and Section 2269.056 of the Texas Government Code, Travis County has adopted the following written definition and criteria for accurately determining the safety record of a subcontractor prior to awarding bids on County contracts.

The definition and criteria for determining the safety record of a subcontractor for this consideration shall be:

If the subcontractor in response to the questions in this Questionnaire reveals more than two (2) cases in which final orders have been entered by the Occupational Safety and Health Review Commission (OSHRC) against the subcontractor for serious violations of OSHA regulations within the past three (3) years, the prime contractor and Travis County will jointly determine whether to disqualify the subcontractor; provided, however, that if the prime contractor and Travis County disagree on this determination, Travis County’s determination will prevail.

If the subcontractor in response to the questions in this Questionnaire reveals more than one (1) case in which subcontractor has received a citation from an environmental protection agency for violations within the past five (5) years, County will, at its discretion, determine whether to disqualify the subcontractor. Environmental Protection Agencies include the U.S. Army Corps of Engineer (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Department of Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed pending criminal complaints, indictments, or convictions, deferred adjudications, administrative orders, draft orders, final orders, judicial final judgments. Notice of Violations and Notice of Enforcement received from TCEQ shall include those classified as major violations and moderate violations under TCEQ’s regulations for documentation of Compliance History, 30TAC, Chapter 60.2 (c) (1) and (2).

If the subcontractor in response to the questions in this Questionnaire reveals that the subcontractor has been convicted of a criminal offense within the past ten (10) years which resulted in serious bodily harm or death, the prime contractor and Travis County will jointly determine whether to disqualify the subcontractor;

provided, however, that if the prime contractor and Travis County disagree on this determination, Travis County’s determination will prevail.

In order to obtain proper information from subcontractors so that Travis County may consider the safety records of potential subcontractors prior to awarding bids on County contracts, Travis County requires that subcontractor answer the following three (3) questions and submit them with their bids to the prime contractor or a higher-tier subcontractor:

QUESTION ONE

Has the subcontractor, or the firm, corporation, partnership, or institution represented by the subcontractor, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years?

If the subcontractor has indicated YES for question number one above, the subcontractor must provide, with its bid submission to the prime contractor or a higher-tier subcontractor, the following information with respect to each such citation:

Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed.

QUESTION TWO

Has the subcontractor, or the firm, corporation, partnership, or institution represented by the subcontractor, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations with the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, judicial final judgments. Notice of Violations and Notice of Enforcement received from TCEQ shall include those classified as major violations and moderate violations under TCEQ’s regulations for documentation of Compliance History, 30TAC, Chapter 60.2 (c) (1) and (2).

If the subcontractor has indicated YES for question number two above, the subcontractor must provide, with its bid submission to the prime contractor or a higher-tier subcontractor, the following information with respect to each such conviction:

Date of offense, location where offense occurred, type of offense, final disposition of offense, if any, and penalty

QUESTION THREE

Has the subcontractor, or the firm, corporation, partnership, or institution represented by subcontractor, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death?

If the subcontractor has indicated YES for question number three above, the subcontractor must provide, with its bid submission to the prime contractor or a higher-tier subcontractor, the following information with respect to each such conviction:

Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty

On all projects having an estimated construction budget range of One Million Dollars ($1,000,000) or higher, it is the sole responsibility and obligation of the subcontractor to ensure that its subcontractors performing any part of the work on this project disclose to the subcontractor their safety records, and to submit those records to the prime contractor. The subcontractor may fulfill this obligation by distributing the “Safety Record Questionnaire for Subcontractors” form included in this solicitation to all its subcontractors and verifying to the prime contractor that the forms have been completed and returned to the prime contractor. All safety records are subject to County’s review upon request.

ACKNOWLEDGEMENT

THE STATE OF TEXAS

COUNTY OF TRAVIS

I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire will be investigated, with my full permission, and that any misrepresentations or omissions may cause my bid to be rejected.

Signature

Title

HISTORICALLY UNDERUTILIZED BUSINESS (HUB) PROGRAM DECLARATION

Section 1 – HUB Program Declaration Requirements

Project Information

Project Name: Fence Construction, Installation, Repairs, and Removal Purchaser: Priscilla Harrington

For questions related to the HUB Program Declaration (Declaration) contact:

Sydney McClelland HUB Specialist Phone: (512) 854-9700 Email: hubstaff@traviscountytx.gov

HUB Utilization Goals

Contract Type Overall Goal

Services 0.00%

Subcontracting Opportunities

The following NIGP/NAICS codes correspond to subcontracting opportunities identified by the User Department and HUB Staff:

988-14 Erosion Control Services 988-88 Tree Trimming and Pruning Services

This project is identified as a Race-Neutral project, because there are limited to no subcontracting opportunities. A Good Faith Effort is not required and you will need to complete Sections 2 and 3.

mailto:hubstaff@traviscountytx.gov

Good Faith Effort (GFE) Requirements

This project is identified as a Race-Neutral project, because there are limited to no subcontracting opportunities. A Good Faith Effort is not required and you will need to complete Sections 2 and 3. A training video on how to complete the HUB Declaration is available online at https://www.traviscountytx.gov/purchasing/hub.

Recognized HUB Certifications

For the purposes of Travis County, a business must hold one of the following certifications to be considered a certified HUB:

City of Austin Small and Minority Business Resources Department:

• Minority-Owned Business Enterprise • Women-Owned Business Enterprise

• Disadvantaged Owned Business Enterprise

Directory: https://financeonline.austintexas.gov/afo/account_services/search/vendors/certvendor.cfm

State of Texas Comptroller’s Office:

• Veteran Heroes United in Business (VetHUB) Directory: https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do

Texas Unified Certification Program (TUCP):

• Disadvantaged Business Enterprise Directory: https://txdot.txdotcms.com/FrontEnd/searchcertifieddirectory.asp

South Central Texas Regional Certification Agency (SCTRCA):

• African American Business Enterprise • Minority Business Enterprise

• Asian American Business Enterprise • Native American Business Enterprise

• Disabled Business Enterprise • Veteran Business Enterprise

• Disadvantaged Business Enterprise • Women Business Enterprise

• Hispanic American Business Enterprise

Directory: https://sctrca.gob2g.com/FrontEnd/searchcertifieddirectory.asp https://www.traviscountytx.gov/purchasing/hub https://financeonline.austintexas.gov/afo/account_services/search/vendors/certvendor.cfm https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do https://txdot.txdotcms.com/FrontEnd/searchcertifieddirectory.asp https://sctrca.gob2g.com/FrontEnd/searchcertifieddirectory.asp

Section 2 – Respondent Information and Affirmation

Respondent Information

Complete the information in the following table.

Company Name/DBA: EIN/VID:

Address: City: State: Zip:

Contact: Phone: E-mail:

Contact for Invoicing: Phone: E-mail:

Bid Amount: HUB Subcontractor %: Non-HUB Subcontractor %:

Respondent is a certified HUB: Yes No Ethnicity: Gender:

Certifying Agency: City of Austin State of Texas TUCP SCTRCA

GFE Options

This project is identified as a Race-Neutral project, because there are limited to no subcontracting opportunities. A Good Faith Effort is not required and you will need to complete Sections 2 and 3.

Affirmation

As evidenced by my signature below, I affirm that I am an authorized representative of the Respondent named above and, to the best of my knowledge, the information and supporting documentation submitted with this Declaration is true and correct. If awarded any portion of the contract solicited, Respondent understands that the submitted and approved Declaration will become part of the contract and agrees to comply with the requirements in Section 5 of this Declaration. Travis County is not a party to agreements between Contractor and its subcontractors.

Printed Name:

Title:

E-mail Address:

Signature: Date:

Check any that apply:

I am interested in participating in face-to-face meetings with HUB vendors.

Section 3 – Disclosure of Subcontractors

Check the box to indicate whether you intend to utilize subcontractors on this project:

I will be utilizing subcontractors. I will not be utilizing subcontractors.

If the first box was selected, please identify all subcontractors, including second- and third-tier subcontractors, in the space provided below.

Respondent acknowledges that it and the subcontractor disclosed are bound by the price and scope of work should Travis County award the contract to Respondent. Travis County reserves the right to verify the subcontractors’ certifications listed by the Respondent.

Respondent may be required to provide a revised HUB Declaration prior to contract award.

Company Name/DBA: EIN/VID:

Address: City: State: Zip:

Contact: Phone: E-mail:

Subcontract Amount: % of Contract: Description of Work:

Is the company a certified HUB?: Yes No Ethnicity: Gender:

Certifying Agency: City of Austin State of Texas TUCP SCTRCA

Justification for not using a certified HUB (if applicable):

Company Name/DBA: EIN/VID:

Address: City: State: Zip:

Contact: Phone: E-mail:

Subcontract Amount: % of Contract: Description of Work:

Is the company a certified HUB?: Yes No Ethnicity: Gender:

Certifying Agency: City of Austin State of Texas TUCP SCTRCA

Justification for not using a certified HUB (if applicable):

Company Name/DBA: EIN/VID:

Address: City: State: Zip:

Contact: Phone: E-mail:

Subcontract Amount: % of Contract: Description of Work:

Is the company a certified HUB?: Yes No Ethnicity: Gender:

Certifying Agency: City of Austin State of Texas TUCP SCTRCA

Justification for not using a certified HUB (if applicable):

Section 4 – GFE Outreach

GFE Outreach Requirements

This project is identified as a Race-Neutral project, because there are limited to no subcontracting opportunities. A Good Faith Effort is not required and you will need to complete Sections 2 and 3.

Outreach to Community Partners and Plan Rooms

Community Partners and Plan Rooms E-mail Address Date Notice

Sent Notice was Accepted

Asian Contractor Association asiancontractor@gmail.com

Austin Area Black Contractors Association brc-pro@att.net

Austin Independent Business Alliance donna@ibuyaustin.com

City of Austin Construction & Technology Center juaquin.gonzalez@austintexas.gov

Greater Austin Black Chamber admin@austinbcc.org

Greater Austin Asian Chamber of Commerce bidding@austinasianchamber.org

Greater Austin Hispanic Chamber of Commerce membership@gahcc.org

Texas Association of African American Chambers of Commerce cro@taaacc.org

Texas Association of Mexican American Chambers of Commerce president@tamacc.org

US Hispanic Contractors Association de Austin ushcadeaustin@gmail.com

Section 5 – HUB Post-Award Requirements, Sanctions, and Appeal

1. For purposes of this section, “Contractor” refers to the successful Respondent. Contractor’s Declaration will be incorporated into the resulting contract with Travis County.

2. If Contractor designates work to be performed by a HUB subcontractor on their Declaration, Contractor must not perform work themselves without prior approval from the authorized User Department Project Manager.

3. Contractor will be responsible for the use of the electronic Vendor Tracking System (VTS), available online at:

www.traviscountytx.gov/images/purchasing/Doc/VTS_Reporting_Procedures.pdf. Contractor must also require all subcontractors to comply with VTS procedures.

4. Before making any changes to its Declaration, including substituting or terminating any subcontractor named in its Declaration or hiring an additional subcontractor not named in the Declaration, Contractor must obtain approval from the authorized User Department Project Manager. Changing the Declaration without that approval may result in breach of the contract entitling Travis County to seek any and all remedies available in law or in equity. To request any changes to the Declaration, Contractor must use the Subcontractor Substitution Process within Vendor Tracking System (VTS).

5. Contractor must comply with all HUB requirements incorporated in the contract. These include using GFE to provide opportunities for HUB participation in replacing subcontractors if necessary.

6. Contractor and all its subcontractors that have any subcontractors (including second and third-tier subcontractors) must pay their subcontractors and suppliers within 10 days after they are paid.

7. If Contractor listed subcontractors in Section 3 of its Declaration, Contractor must submit progress payments in the VTS within 3 business days after the Contractor pays each subcontractor used during the current payment period. If Contractor makes no payments to a subcontractor during the payment period, Contractor must report zero-dollar payments to that subcontractor within VTS for accurate recordkeeping. Contractor must also provide copies of applicable invoices within VTS to support payments reported for each subcontractor during each payment period.

8. Before submitting invoices, Contractor must attest to the following:

8.1 Contractor has received all invoices from subcontractors for the current payment period;

8.2 Contractor will pay its subcontractors within ten (10) days of receiving payment from Travis County;

8.3 Contractor will require its subcontractors to pay their subcontractors within ten (10) days of receiving payment from

Contractor; and

8.4 Contractor acknowledges that misrepresenting any information in its progress payment is a breach of its contract with

County, and the County may exercise its rights to terminate the contract or seek other remedies.

9. Contractor shall meet with HUB staff after reaching the following project milestones to ensure the contracted HUB goal is on target: 30% payment progress completion, 60% payment progress completion; and 80% payment progress completion.

10. Contractor shall meet with HUB staff after project completion to review and document actual HUB goal performance as part of contract closeout.

11. County reserves the right for HUB Staff and Compliance Staff to audit contract compliance and investigate reports of non-compliance to determine whether corrective actions are needed, and, if appropriate, recommend sanctions for non-compliance.

Before sanctions are imposed, HUB Staff or Compliance Staff will report the non-compliance issue to the Contractor and Purchasing Agent. The report will state the event of non-compliance, any relevant details, the recommended sanction (if any), and the factors considered in determining the recommended sanction. If Contractor does not agree with the non-compliance issue identified in the report, Contractor may provide a written response to the Purchasing Agent.

12. In recommending sanctions, HUB Staff and Compliance Staff may consider the following factors:

12.1 The type and seriousness of the non-compliance;

12.2 Whether Contractor’s non-compliance is willful, knowing, negligent, an intentional omission, or an oversight;

12.3 Steps taken by Contractor to correct its non-compliance;

12.4 Whether there is any falsification, misrepresentation, or withholding information; and

12.5 The number and frequency of Contractor’s acts or omissions resulting in non-compliance within the previous rolling 24-month period.

13. Based on the factors listed above, sanctions may include one or more of the following:

13.1 Admonishment letters demanding correction of the non-compliance from the Purchasing Agent or the County Attorney’s Office;

13.2 Demands to the Surety Company for performance (if applicable and approved by Commissioners Court);

13.3 Notice of breach of contract, demanding correction or exercising other remedies for the breach, including termination of the contract and damages;

13.4 Notice that due to non-compliance with HUB requirements, Contractor is deemed “non-responsible” for future contract awards for a specified length of time, based on the schedule below. The following schedule represents the sanctions recommended.

http://www.traviscountytx.gov/images/purchasing/Doc/VTS_Reporting_Procedures.pdf

14. If the sanction is a notice described in 14.4, the final written decision imposing the sanction will be based on the actions committed by Contractor in connection with this contract or any other contracts with Travis County within a prior 24-month period and the sanction will apply for the following periods:

14.1 Up to 6 months for Contractor’s first non-responsibility sanction;

14.2 Up to 1 year for Contractor’s second non-responsibility sanction; and

14.3 Up to 3 years for Contractor’s third non-responsibility sanction.

15. In considering the non-compliance report and the Contractor’s response, if any, the Purchasing Agent will provide a written decision about the sanctions to be imposed. Contractor may appeal the Purchasing Agent’s decision in writing to the Commissioners Court. The decision of the Commissioners Court exhausts all of the administrative remedies available to the appealing Contractor.

[Name of State]

[Name of Corporation]

[Insert Name of Person Executing Bid Form]

[Position with Corporation]

[Bid Title]

[Bid Title]

CERTIFICATE OF SECRETARY

(Required for bidders which are corporations)

I CERTIFY that:

I am the duly qualified and acting Secretary of _______________________________, a duly organized and existing corporation of the State __________________________.

The following is a true copy of a Resolution duly adopted by the Board of Directors of such corporation in a meeting legally held on the ______ day of _____________, 20___, and entered in the minutes of such meeting in the minute book of the

Corporation.

RESOLVED, that this corporation enter and that ______________________________________, the

__________________________ of this corporation, is authorized and directed to execute on behalf of and as the act of this corporation the Bid Form for the Travis County __________________________________ together with all associated documents and, should this corporation be the successful bidder for that project, to execute on behalf of and as the act of the corporation all necessary documents to effect a written contract between this corporation and Travis County, Texas for the Construction of the Travis County __________________________________. The Secretary is directed to attach a copy of the Bidding Documents to the minutes of this meeting and to make them a part of the corporate records.

The above Resolution is in conformity with the Articles of Incorporation and the Bylaws of the Corporation has never been modified or repealed and is now in full force and effect.

Date: _________________

Secretary: _________________________________

President: _________________________________

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION

FOR COVERED CONTRACTS

Federal Executive Order 12549 requires Travis County to screen each covered potential contractor to determine whether each has a right to obtain a contract in accordance with federal regulations on debarment, suspension, ineligibility, and voluntary exclusion. Each covered contractor must also screen each of its covered subcontractors.

In this certification contractor refers to both contractor and subcontractor; contract refers to both contract and subcontract.

By signing and submitting this certification, the contractor/potential contractor accepts the following terms:

1. The certification herein below is a material representation of fact upon which reliance was placed when this contract was entered into. If it is later determined that the potential contractor knowingly rendered an erroneous certification, in addition to other remedies available to the federal government or Travis County may pursue available remedies, including suspension and/or debarment.

2. The potential contractor shall provide immediate written notice to the person to whom this certification is submitted if at any time the potential contractor learns that the certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

3. The words covered contract, debarred, suspended, ineligible, participant, person, principle, proposal, and voluntarily excluded, as used in this certification have meanings based upon materials in the Definitions and

Coverage sections of federal…