260828_100_PROJECT MANUAL (1).pdf

CONTRACT DOCUMENTS AND SPECIFICATIONS

FOR CONSTRUCTION OF:

JOE CARRILLO ST. & COUNTRYSIDE BLVD.

CSJ: 0915-46-062

CITY OF SEGUIN

GUADALUPE COUNTY, TEXAS

Prepared By:

Rodriguez Transportation Group, Inc.

4210 Spicewood Springs Rd, Ste 108

Austin, Tx 78759

TBPE FIRM REGISTRATION # F-587

August 20, 2026

08-20-2026

Table of Contents CSJ: 0915-46-062

TABLE OF CONTENTS

______________________________________________________________________________Section Invitation to Bid

General Conditions of Bidding

Proposal

Addendum Acknowledgement

Standard Form of Agreement

Performance Bond

Payment Bond

Insurance Attachment A

Child Support Statement & State of Texas Child Support Business Ownership Form

Disclosure of Lobbying Activities / Certificate of Interested Parties / Conflict of Interest Questionnaire

Certification of Absence of Suspension, Debarment, Voluntary Exclusion, or Determination of Ineligibility

Changed Condition Clause

Adoption of TxDOT Policy and Procedures Required for State and Federal Construction Contracts

Contractors Assurance & Certifications

Prohibition on Certain Telecommunications Equipment or Services

Engineer’s Seal Statement

General Notes (2024 Specification Book)

Items 1L-9L Local Government General Requirements and Covenants ............. 1500 - 1509

List of Governing Specifications and Special Provisions / Special Specifications

Invitation for Bids Page 100-1 CSJ: 0915-46-062

INVITATION FOR BIDS

Sealed bids will be received by the City of Seguin, electronically through the City’s BidNet site http://www.bidnetdirect.com/texas/cityofseguin, until 3:00 pm on Tuesday, September 29, 2026 (CDST) for proposed JOE CARRILLO ST. & COUNTRYSIDE BLVD. IMPROVEMENTS. Any bid received after closing time will not be considered. The bids will be publicly opened and read aloud at the Seguin City Hall, 210 E. Gonzales, Seguin, TX 78155 at 3:00 PM on that date. Bids received after that time and date set for submission will be disqualified.

SEALED BIDS

JOE CARRILLO ST. & COUNTRYSIDE BLVD.

Bid No. AF-2026-65

CSJ: 0915-46-062

To be opened at 3:00pm, Tuesday, September 29, 2026

Principle items of construction will include:

Construct pedestrian facilities along the south side of Joe Carrillo Street and the east side of Countryside Blvd along with associated drainage and signing/pavement markings. Construction along Joe Carrillo St consists of adding a shared-use path, reconstructing driveways and a culvert extension.

Construction along Countryside Blvd. consists of reducing the roadway width by 10’ and adding new curb and gutter with a shared-use path and reconstructing driveways.

Each bid must be accompanied by a certified or cashier’s check, or an approved bidders bond in an amount not less than 5% of the maximum total bid, payable to the City of Seguin, Texas without recourse, as a guarantee that the Bidder will enter into a contract and execute performance and payment bonds on the forms provided, within ten (10) working days after the award of contract. Performance and payment bonds, in the amount of 100% of the contract amount, shall be from a surety company authorized by the State of Texas.

Bidders on this project must be prequalified through TxDOT. Refer to TxDOT’s website for requirements. Bidders must assure prequalification documents are submitted to TxDOT at least 14 days before bid opening.

Failure to provide commitments to meet the stated goal or provide a satisfactory good faith effort will be considered a breach of requirements of the proposal. As a result, the bid proposal will not be considered for award.

A non-mandatory pre-bid meeting will be held Tuesday, September 15, 2026 at 2:00 PM in the City Council Chambers located in the Seguin City Hall, 205 North River, Seguin, Texas 78155.

http://www.bidnetdirect.com/texas/cityofseguin

Invitation for Bids Page 100-2 CSJ: 0915-46-062

The City of Seguin reserves the right to reject or accept any or all bids or combination of bids and to waive informalities.

Steve Parker, City Manager

CITY OF SEGUIN, TEXAS

BID SCHEDULE

BID ADVERTISEMENT Wednesday, September 2, 2026

2nd BID ADVERTISEMENT Wednesday, September 9, 2026

NON-MANDATORY PRE-BID MEETING Tuesday, September 15, 2026

LAST DAY FOR QUESTIONS Wednesday, September 16, 2026

FINAL ADDENDUM ISSUE Thursday, September 24, 2026

BID OPENING Tuesday, September 29, 2026

TENTATIVE CITY COUNCIL APPROVAL Tuesday, October 20, 2026 (Subject to TxDOT Concurrence for Project Award)

TENTATIVE NOTICE OF AWARD Thursday, October 22, 2026

General Conditions of Bidding Page 150-1 CSJ: 0915-46-062

GENERAL CONDITIONS OF BIDDING

These general conditions apply to any procurement of products or services by the City of Seguin.

Failure to comply with these General Conditions of Bidding may result in the bid being disqualified.

1. DEFINITION OF TERMS

A. “Bid documents” mean the entire packet of documents provided to bidders, including, but not limited to the General Conditions of Bidding, General and/or Technical Specifications, Special and Supplementary Conditions, Information to Bidders, Bid Form(s) and any Addendum.

B. “Bidder” means a person or firm submitting a bid, proposal, or quote to provide equipment, material, and/or services necessary in the performance of these specifications, and competing for award of a contract.

C. “Bid” or “Proposal” means an offer to perform or provide the requirements specified herein. “Furnish” or “provide” means to supply, equip, and deliver the specified equipment, material and/or services to the Purchaser.

D. “Formal Bid” is a formally advertised solicitation for acquiring goods, services, and construction that requires a public opening of sealed bids or proposals, generally $50,000 or more.

E. “Informal Bid” is a competitive bid or price quotation for supplies or services under $50,000 that is conveyed by letter, telephone, or other means and does not require a sealed bid, public opening, or public reading of bids.

F. “City”, “Purchaser”, or” Owner” shall refer to the City of Seguin, PO Box 591, Seguin, Texas 78156-0591.

G. “Contract” means the contract awarded pursuant to this solicitation.

H. “Contractor” or “Vendor” means the bidder to which a contract award has been made by the City.

I. “Purchase Order” means the document issued by the City that creates a legal binding contract between the City and the Contractor and authorizes the Contractor to ship goods pursuant to the contract.

2. SUBMISSION OF BIDS

A. All bids must be on blank forms furnished by the Purchasing Department and must be written in ink or typed. Pencil quotations will not be considered. Proposals must be submitted on the forms or in the format called for in specifications. Each must be executed personally by the bidder, or if executed by an agent, a power of attorney or other evidence of his authority to act on behalf of the bidder must accompany the bid. If the bidder is a corporation, the certificate of corporate bidder must be executed under the corporate seal by some duly authorized officer of the corporation other than the officers signing the bid. By execution of the bid, the bidder accepts all general and special conditions of the contract and the specifications.

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B. Formal sealed bids and proposals must be received at the date, time, and place specified in the bid document packaged in a sealed envelope (8 1/2” x 11” minimum) clearly marked with the bid or project name, bid number, and date/time of opening, unless otherwise specified. An early postmark will not suffice. Bids and proposals will be publicly opened and read followed by evaluation and award at a later date. Formal bids and proposals ($50,000 or higher) may NOT be faxed or submitted via e-mail.

C. Informal bids are due at the date, time, and place stated in the bid document. Informal bids (less than $50,000) may be faxed or submitted via e-mail.

D. Each Bidder agrees that its price will remain firm and subject to acceptance by the City for a period of sixty (60) calendar days from the bid opening date. The prices quoted in the bid shall not be subject to escalation except where otherwise clearly indicated by the Bidder or by the City in bid documents. The basis for the escalation shall be clearly indicated in either case.

E. All information required by the bid documents will be furnished. The bidder will print or type its name, in ink, and manually sign the bid sheet. The bid sheet, with original signatures, must be submitted.

F. All prices shall be quoted as required in the specifications. Unit prices will be shown when called for on the bid sheet, and where there is a conflict between the unit price show and the total price shown, the unit price will govern.

G. No change in price will be considered after bids have been opened. The City reserves the right to negotiate prices as submitted by proposal as allowed by state statute.

H. In case of ambiguity or lack of clarity in stating prices in the bid, Purchaser reserves the right to adopt the price written in words or reject the bid. Any ambiguity in the bid as a result of omission, error, unintelligible or illegible wording shall be construed in the favor of the City.

I. If this bid is altered, any erasure or alteration of figures on the item on which the erasure or alteration is made must be initialed by signee of this bid.

J. The City reserves the right to extend the bid closing time and date. Notification will be made by addendum.

K. The City reserves the right to increase or decrease the quantity specified, unless the bidder specified otherwise.

3. WITHDRAWAL OF BIDS

A. A Bidder may withdraw a bid before Council acceptance of the bid without prejudice to himself by a written request addressed to the Purchasing Manager.

B. If there is an honest mistake in the bid, due to clerical errors, and the bidder calls attention thereto promptly, the bidder will not be bound by the bid.

C. When the mistake was a result of a bidder’s negligence, and City has no knowledge of the mistake when bids were opened, and awarded a contract based on the bid, bidder will not be released and shall be bound by the bid.

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D. If a mistake is not discoverable and verifiable by the City, bidder’s incorrect interpretation of Engineering specifications set forth in a construction contract will not release him from his obligations, once a contract has been awarded by City Council and bidder has received notice of such award.

4. GENERAL CONDITIONS

Bidders will submit their bids or proposals upon the following express conditions:

A. Bidders shall thoroughly examine all drawings, specifications, plans, schedules, instructions, and all other contract documents pertaining to this bid.

B. Bidders shall make all investigations necessary to thoroughly inform themselves regarding plant and facilities for delivery of materials or equipment as required by the bid conditions. No plea of ignorance by the Bidder of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the Bidder to make the necessary examinations and investigations will be accepted as a basis for varying the requirements of the City or the compensation to the vendor.

C. If any bidder is in doubt as to the true meaning of the specifications, other bid documents, or any part thereof, they may submit a written request for clarification to the Purchasing Manager. A request for clarification should be submitted by the deadline, if any, indicated in the specifications.

D. All materials, equipment, supplies which are new, non-standard to the City of Seguin, and/or items which are to be listed as an alternate or exception must be pre-approved PRIOR to placing them on a bid proposal. In order to fairly evaluate all bids, sufficient time requirements for possible field testing or demonstrations should be allowed.

E. Bidders are advised that City contracts are subject to all legal requirements under Local, State and Federal statutes, ordinances, and regulations. Any bid, after being opened, becomes subject to the Public Information Act, Government Code Chapter 552; therefore bidders must clearly indicate any portion of the submitted bid that the bidder claims is not subject to public inspection under the Public Information Act.

F. No officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, or shall benefit financially, directly or indirectly, in the sale to the City of any materials, supplies or services, except on behalf of the City as an officer or employee.

G. The City of Seguin is committed to maintaining fair and open competition as required by local, state, and federal laws and statutes. Every effort is made to maintain the highest level of ethical conduct in every aspect of the procurement process. Sharp business practices or high-pressure tactics will not be tolerated. Qualification and selection of vendors is based on those vendors who share the same high standards of ethical conduct.

5. DESCRIPTION OF GOODS

A. Any catalog or manufacturer’s reference in this bid is merely descriptive, and not restrictive, unless otherwise noted, and is used only to indicate type and quality of material.

Any such references are made a part of these contract documents as if incorporated verbatim herein.

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B. The term “Or Equal”, if used, is intended to allow substitution of a brand which has all the essential performance, features, reliability, and other salient characteristics as the brand name and model stated in the item description. “Or Equal” is intended to establish a level of quality and function and is not to be interpreted as a preference for a particular brand. Other brands meeting these minimum requirements will be accepted. Bid submitted on an “Or Equal” item must clearly identify the proposed product, the quantity of the product, model, and type, as applicable.

C. Alternate bids will not be considered unless expressly authorized by the bid documents.

6. PREPARATION OF BID

Bidders will prepare bids in accordance with the following:

A. Specifications are written to encourage competition. The specifications herein shall be the basis of comparison between bidders. There is no intent to discriminate against any supplier or vendor but rather, to set a definite standard of performance. Bidders are required to quote services and/or equipment that will meet or exceed the minimum or maximum specifications herein.

B. Any omission in the specifications of any minor requirement necessary to make each unit complete and functional shall not relieve the Supplier of responsibility to furnish any material or equipment necessary. The City reserves the right to request clarification to assist in evaluating the bidder’s response when the bid response is unclear with respect to product pricing, packaging or other factors. The information provided is not intended to change the bid response in any fashion and such information must be provided within two days from request.

C. Bidders shall not include federal taxes nor State of Texas limited sales, excise and use taxes in bid prices since the City of Seguin is exempt from payment of such taxes under section

151.309 of the Texas Tax Code.

D. By submitting a bid, each bidder certifies that it is a duly qualified, capable, and bondable business entity, that it is not in or contemplating bankruptcy or receivership and that it is not currently delinquent with respect to payment of taxes assessed by any political subdivision.

E. By submitting a bid, each bidder certifies that it does not currently owe any money to the City.

F. The City is exempt from the Federal Excise and Transportation Tax, and the Limited Sales and Use Tax. Unless the bid form or specification specifically indicates otherwise, the price bid must be net exclusive of the above-mentioned taxes and will be so construed.

G. Prompt payment discounts will not be considered in determining low bids and making awards.

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7. BID DEPOSIT

No bid deposit will be expected of bidder UNLESS specifications expressly provide otherwise.

If a bid bond is required, the submitted bond may be in the form of a cashier’s check, cash, a certified check made payable to the City of Seguin or an original bond submitted in the form required by the City in the Bid Documents. The bond shall be executed by a surety authorized by the Texas State Insurance Commission and must be signed by both the surety and the bidder. Should a bid deposit be presented in a form not acceptable to the City, the bid will not be considered.

8. EXCEPTIONS

If Bidder takes exceptions to any provisions of the specifications, the exceptions must be specifically and clearly identified by section in Bidder’s bid, and Bidder’s proposed alternative must also be provided in the bid. Bidders cannot take a ‘blanket exception’ to the entire bid document.

9. ADDENDA

Any clarification or interpretation of the bid, if made, will be made only by written addendum issued through the Purchasing Department and signed by the City of Seguin Purchasing Manager. A copy of such Addendum will be mailed or delivered to each person receiving bids.

Addenda to the bid documents may be issued in response to a request for clarification or objection, or for any other reason the City considers advisable. Once issued, an addendum becomes a part of the bid documents. All addenda can be viewed and downloaded at the City’s Bid Net site: http://www.bidnetdirect.com/texas/cityofseguin. It is the bidder’s responsibility to check this site to determine if the City has issued any addenda. The City will not be responsible for any other explanation or interpretation of the bid made or given prior to the award of the contract.

10. REJECTION OF BIDS

A. The City of Seguin reserves the right to accept or reject any or all bids, and to waive any informalities and technicalities. The City of Seguin shall consider all factors it believes to be relevant in selecting the offer that provides the best value for the City including, but not limited to, the offered price. Causes for bidder disqualification and rejection of bids may include, but shall not be limited to:

1. Bidder’s current inability to satisfactorily perform the work or service, or the bidder’s previous failure to properly and timely perform its obligations under a contract with the City. Purchaser may make such investigation as is deemed necessary to determine the ability of the Bidder to provide the equipment, material, and/or services as required by this specification and to determine the adequacy of the proposed equipment, material, and/or services. The Bidder shall furnish, upon request, all such data and information requested for this purpose. The information provided is not intended to change the bid response in any fashion and such information must be provided within two days from request.

2. Bidder’s current violation of any City ordinance.

3. Bidder’s misstatement or concealment of any material fact in the bid.

4. Bid or proposal’s nonconformance to law or the requirements of the bid specifications.

http://www.seguintexas.gov/

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5. Failure to use or properly complete the bid/proposal form furnished by the City of

Seguin.

6. Lack of signature by an authorized representative on the proposal form.

7. Alteration of bid form.

8. Evidence of collusion among proposers.

9. Omission of proposal guarantee (if required).

10. In the event that a bidder is, or subsequently becomes, delinquent in the payment of his, her or its City taxes, including state and local sales taxes, or any other City financial obligation, such fact shall constitute grounds for rejection of the bid, or if awarded the bid, for cancellation of the contract.

11. AWARD

A. The City reserves the right to award a bid or contract to the lowest responsible and best qualified bidder. Factors to be considered in the evaluation of the bids are price, quality, reputation and experience of Bidder, long term cost, safety record, operating history of equipment, conformance to specifications, delivery, and other factors as deemed appropriate by the Purchaser.

B. The City reserves the right to reject or accept all or any combination of bids deemed advantageous to the City.

C. The City reserves the right to reject or accept all or any combination of base bid plus alternative bids when alternate bids are called for in bid documents, subject to available funding.

D. Contractor is an independent contractor. Award of a contract does not create a joint venture between the Contractor and the City.

12. CONTRACT

A. City’s Bid Documents combined with the Vendor’s response (bid or proposal) submitted to and accepted by the City, constitutes a contract between the City of Seguin and the selected vendor at the time the Seguin City Council awards the contract to such vendor.

B. No further documentation is required, although the contracting parties may supplement the contract with further documentation. By submitting a bid or proposal, the vendor agrees to comply with the Terms and Conditions and other requirements set forth in the Bid Documents and to be further bound to the representations and information the vendor provides in the response.

C. Acceptance of bidder’s offer may be in the form of a “Notice of Award”, a Purchase Order (P.O.) or a “Contract”.

13. RESERVATIONS

THE CITY EXPRESSLY RESERVES THE RIGHT TO ACCEPT, REJECT OR CANCEL ANY AND

ALL BIDS and:

A. Waive any defect, irregularity, or informality in any bid or bidding procedure; Reissue a bid invitation or proposal;

B. Procure any item by other allowable means;

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C. Waive minor deviations from the specifications when a bid meets the intent of the specifications and consider such bid if it is determined the bid’s total cost is lower, the purpose for the bid is improved or not impaired, the bid amounts to the best value for the City, and/or the waiver otherwise results in a measurable benefit on behalf of the City.

D. Extend any contract when most advantageous to the City as provided by original contract conditions.

14. WARRANTIES

A. WARRANTY FOR PRODUCT: The Contractor warrants to the City that all goods delivered will conform to the specifications, drawings, or other descriptions furnished or incorporated by reference, will be of merchantable quality, good workmanship, free from defects, and fit for all purposes specified in this contract. The Contractor shall not Limit or exclude any implied warranties, and any attempt to do so shall render this contract voidable at the option of the City. The Contractor will provide copies of applicable warranties or guarantees to the Purchasing Manager. The City may return goods not meeting applicable warranties to the Contractor at the Contractor’s expense.

B. WARRANTY FOR PRICE: The City will pay the price for goods specified by the Contractor’s bid. The Contractor warrants its price to be no higher than the Contractor’s current prices or charges on orders by others for products or services of the kind and specification covered by this bid contract for similar quantities under similar or like conditions and methods of purchase. In the event Contractor breaches this warranty, the prices or charges shall be reduced to Contractor’s current prices or charges on orders by others, or in the alternative, City may cancel this contract without liability to Contractor for breach or Contractor’s actual expense.

C. SAFETY WARRANTY: Contractor warrants that the goods sold to the City conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act (OSHA) as amended. In the event the goods do not so conform, the Contractor must correct or replace the goods at the Contractor’s expense. If the Contractor fails to do so within a reasonable time, the City, at its discretion, may cause the correction to be made at the Contractor’s expense, or may return the goods at the Contractor’s expense and terminate this contract.

15. PROTESTS

A. The City Council is the final authority on issues relating to this contract. The Purchasing Manager is the City’s representative in the award and administration of this contract, and will issue and receive all documents, notices, and correspondence.

B. Any protest to the City’s consideration of any bid must be submitted in writing and delivered to the City of Seguin, ATTN: Purchasing Manager.

C. The protest may be delivered in person to the Purchasing office located at 816 Fred Byrd Drive, Seguin, Texas, or by certified mail, return receipt requested, to the following address: City of Seguin, Purchasing Department, ATTN: Purchasing Manager, PO Box 591, Seguin, Texas 78156-0591.

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D. The written protest must include the following information before it may be considered by the City:

1. Name, mailing address, and business phone number of the protesting party;

2. Identification of the bid or proposal being protested;

3. A precise and concise statement of the reason/reasons for the protest which should provide enough factual information to enable the City to determine the basis of the protest;

4. Any documentation or other evidence supporting the protest.

E. The Purchasing Department, in conjunction with the department responsible for the bid or proposal solicitation, will attempt to resolve the protest, including, at the City’s option, meeting with the protesting party. If the protest is successfully resolved by mutual agreement, written verification of the resolution of each ground addressed in the protest will be provided to the City Manager. If the Purchasing Department is unable to resolve the protest, the protesting party may request the protest be reviewed and resolved by the City Manager.

F. A request for the City Manager’s review must be in writing and received by the Purchasing Department within three (3) business days from the date the Purchasing Department informs the protesting party the protest cannot be resolved. The request for review must be delivered in person to the Purchasing Department at the address stated above or by certified mail, return receipt requested, to the mailing address stated above.

If the protesting party fails or refuses to request a review by the City Manager within the three (3) days, the protest is deemed finalized and no further review by the City is required.

Applicable documentation and other information applying to the protest may be submitted by the protesting party to the Purchasing Department before review by the City Manager. If the protesting party requests a review by the City Manager, such documentation will be forwarded to the City Manager for consideration. The City Manager may likewise notify the protesting party or any City department to provide additional information.

G. The decision reached by the City Manager will be final, but the protesting party may still appear before the City Council during the hearing of citizens’ session.

16. SHIPMENT & DELIVERY

A. Bidder is to quote its lowest and best price F.O.B. Destination on each item to shipping location in Seguin, Texas unless otherwise specified in the bid documents. Pricing shall include packaging, transportation, unloading, and any trade and cash discounts, which may be taken if earned.

B. The bidder certifies all materials, parts, and equipment supplied or represented in response to this bid shall be new and unused unless noted elsewhere in the bid documents.

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C. The title and risk of loss of the goods will not pass to the City until receipt and acceptance takes place at the FOB point. The City department receiving deliveries or issuing purchase orders under this contract will inspect and accept any and all deliveries made and may reject those items which are damaged or which do not conform to the specifications. The Contractor is responsible for the proper labeling, packing, and delivery to final destination, including replacement of rejected deliveries at no additional cost.

D. Delivery dates pertaining to this specification must be clearly stated in the bid form where required. The bidder will clearly state in the bid the time required for delivery upon receipt of contract or purchase order. Failure to specify delivery date or state unrealistically short or long delivery dates may cause the bid to be disqualified. Proposed delivery time must be specific and such phrases “as required”, “as soon as possible”, or “prompt” may result in disqualification of the bid.

E. Vendor must keep the City advised as to the status of the delivery. When delivery delay can be foreseen, the Vendor shall give prior notice to the City.

F. Default in promised delivery, without acceptable reasons, or failure to meet specifications without remedy shall cause the City to purchase the goods elsewhere, and charge any increase in cost and handling to the defaulting vendor. This does not limit any other remedies to the City for damage entitled under the Uniform Commercial Code.

17. REJECTIONS

A. Delivered articles not in accordance with samples and specifications must be removed by the bidder at his expense. All disputes concerning quality of supplies delivered under this proposal will be determined by the City’s Purchasing Manager or his/her designated representative.

B. All articles enumerated in the proposal shall be subject to inspection or delivery by an officer designated for the purpose and if found inferior to the quality called for, or not equal in value to the department’s samples, or deficient in weight, measurements, workmanship or otherwise, this fact shall be reported to the Purchasing Manager who shall have the right to reject the whole or any part of the same.

18. PAYMENTS

A. Payment of invoices by the City shall be made thirty (30) days after receipt and acceptance of all equipment or performance of services covered by each purchase order or following the receipt of an accurate invoice, whichever is later, in compliance with state statute. Bidder shall state his bid in accordance with the standard payment terms and conditions of the City of Seguin of Net 30 days. All bids must be stated in terms of dollars and cents, the bidder’s lowest, best, and final price.

B. Invoices submitted or otherwise used pursuant to the bid awarded under this IFB shall be presented to the City in the following form and content:

1. Each invoice must reference the City of Seguin contract, agreement, or P.O.

number;

2. Only one contract, agreement, or project shall be billed on a particular invoice;

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3. Each invoice must have a billing or invoice number and an Invoice Total.

C. The invoice requirements stated herein shall not be read to disallow or exclude other information that may be otherwise required or requested by the City. Such information required herein must be submitted only on an invoice and not in any other non-invoice form or document.

19. ASSIGNMENT

No right or interest in the contract shall be assigned, nor delegation of any obligation made by Vendor without the written permission of the City. Any attempted assignment or delegation by Vendor shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph.

20. WAIVER

No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party.

21. FORCE MAJEURE

In the event that the performance by either party of any of its obligations under this contract is interrupted or delayed by events outside of their control such as acts of God, war, riot, or civil commotion, then the party is excused from such performance for the period of time reasonably necessary to remedy the effects of the events.

22. GRATUITIES

The City may, by written notice to the Vendor, cancel this contract without liability to the City if it is determined by the City that gratuities have been offered to any officer or employee of the City with a view toward securing a contract, securing favorable treatment with respect to the awarding, amending, or the making of any determinations in respect to the performance of such a contract. In the event City, as set forth in this paragraph, cancels this contract the City shall be entitled to recover from the Vendor all additional costs incurred by City as a result of the cancellation.

23. TERMINATION

A. DEFAULT: Failure by either party to perform any of its provisions will constitute a default and breach of contract, in which case, the other party may require corrective action within 10 days from the date the defaulting party receives written notice citing the nature of the breach. Failure of the defaulting party to take corrective action or to provide a satisfactory written reply excusing such failure within the prescribed 10 days will authorize the other party to terminate this agreement by written notice.

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B. CONVENIENCE: The City reserves the right to terminate this contract upon 30 days written notice for any reason deemed by the City Council to serve the public interest.

Termination for convenience will not be made when termination is authorized under any other provisions of this contract. In the event of such termination the City will pay the Contractor those costs directly attributable to supplies obtained in compliance with the contract prior to termination. Provided, however, that no costs will be paid to the Contractor which are recoverable in the normal course of doing business. The City is not liable for loss of any profits anticipated to be made hereunder.

C. FUNDING: The City retains the right to terminate this contract at the expiration of each of City’s budget periods. This contract is conditioned on a best efforts attempt by City to obtain and appropriate funds for payment of any debt due by City herein.

D. FUNDING OUT: The State of Texas statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. Should, during the term of this contract, funds be withdrawn by the funding authority, a Force Majeur shall be deemed to exist, and this contract may be terminated without penalty or recourse by either party.

24. ENTIRETY OF AGREEMENT/AMENDMENTS

This represents the entire agreement between the parties relating to the subject matter of this contract. Any prior agreements, promises, negotiations, or representations between the parties are not binding unless included in this contract. All amendments to this contract must be in writing and executed by both parties.

25. SEVERABILITY

In case any one or more of the provisions contained in this contract is held to be invalid or unenforceable in any respect by a court of proper jurisdiction, the invalidity, illegality or unenforceability will not affect any other provision of this contract, and this contract will be construed as if the invalid or unenforceable provision was not contained herein.

26. INSURANCE

If required, specific insurance provisions will be included in bid specifications. An original, certified copy of an insurance certificate must be submitted within ten days from request.

The successful vendor will be required to maintain, at all times during performance of the contract, the insurance detailed in bid specifications. Failure to provide this document may result in disqualification of bid.

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27. INDEMNITY

The Vendor will indemnify, hold harmless and defend the City and its employees, agents, officers and servants from any and all lawsuits, claims, demands and causes of action of any kind arising from the negligent or intentional acts errors or omissions of the Vendor, its officers, employees or agents. This will include, but not be limited to, the amounts of judgments, penalties, interest, court costs, reasonable legal fees, and all other expenses incurred by the City arising in favor of any party, including the amounts of any damages or awards resulting from claims demands and causes of action for personal injuries, death or damages to property alleged or actual infringement of patents, copyrights, and trademarks and without limitation by enumeration, all other claims, demands, or causes of action of every character occurring, resulting, or arising from any negligent or intentional wrongful act, error or omission of the Vendor or its agents or employees. This obligation by the Vendor will not be limited by reason of the specification of any particular insurance coverage required under this Agreement.

28. PATENTS

The bidder agrees to indemnify and save harmless the City, the Purchasing Manager, and his/her assistants from all suits and actions of every nature and description brought against it or any of them, for or on account of the use of patented appliances, products or processes, and he shall pay all royalties and charges which are legal and equitable.

Evidence of such payment or satisfaction shall be submitted, upon request of the Purchasing Manager, as a necessary requirement in connection with the final estimate for payment in which such patented appliances, products or processes are used.

29. CONFIDENTIALITY

The City of Seguin is governed by the Public Information Act (“The Act”), Chapter 552 of the Texas Government Code. All information submitted by prospective bidders during the bidding process is subject to release under The Act. On each page where proprietary information appears, information considered confidential must be labeled. Failure to so label the proprietary or confidential information shall be considered as a waiver of any confidentiality rights or interests. Disclosure of requested information will be determined in accordance with the Texas Public Information Act. You are not encouraged to submit such data and information unless it is absolutely required to understand and evaluate your response. If such data and information is submitted, you agree that the City shall not be liable for disclosure of such data and information and hereby release the City from any liability. In the event a request for public information is filed with the City which involves information labeled as confidential, you will be notified by the City of the request so that you will have an opportunity to contact the Attorney General as to why such information should not be released.

General Conditions of Bidding Page 150-13 CSJ: 0915-46-062

30. ANTI-LOBBYING PROVISION

Bidders are prohibited from directly or indirectly communicating with City Council members regarding the Bidder’s qualifications or any other matter related to the eventual award of a contract for the services requested under this Invitation for Bids. Bidders are prohibited from contacting City staff members regarding their qualifications or the award of a contract, unless in response to an inquiry from a staff member. Any violation will result in immediate disqualification of the Bidder from the selection process.

Upon issuance of the Invitation for Bids, all bidder communications and requests for clarification or objections shall be directed in writing to the Purchasing Manager for response, determination and dissemination to all bidders. Any communication by bidders or their representatives toward other city officers or employees regarding this Invitation for Bids or the award of a contract are prohibited and will constitute grounds for disqualification of a proponent. A lobbyist or a proponent or any of their agents may not do any act or refrain from any act for the express purpose and intent of placing any City official under personal obligation to the lobbyist or proponent.

31. CONFLICT OF INTEREST

A person or vendor seeking to contract with the City must file a Conflict of Interest Questionnaire (CIQ) if the person has a business relationship with the City, and either:

has a business relationship with a city official or a city official’s family member; or has given a gift worth more than $250 to a city official or city official’s family member within the previous 12-month period. A vendor required to file a CIQ must do so with the City’s Purchasing Manager within seven business days of: (1) beginning contract discussions with the city; (2) submitting to the City an application, response to a request for proposals or bid; or (3) learning of the existence of the applicable business relationship. Vendors should see Texas Local Government Code Chapter 176 in an effort to determine its applicability. The conflict of interest questionnaire form is included herein and is available from the Texas Ethics Commission at www.ethics.state.tx.us.

32. CERTIFICATE OF INTERESTED PARTIES

Texas Government Code, Sections 2252.908 requires a business entity to submit a disclosure of interested parties to the governmental entity at the time the business entity submits the signed contract to the governmental entity following the guidelines prescribed by the Texas Ethics Commission at www.ethics.state.tx.us . The law applies to contracts that require an action or vote by the governing body of the governmental entity before the contract is signed. The Form 1295 is included herein. The completed Form 1295 must be submitted electronically by the business entity to the state. A copy of the certified Form 1295 including the certification number generated by the state must be provided to the City of Seguin at the time a bid or proposal is submitted. Information on the Form 1295 may be considered by the City during bid evaluation and award. The City will only officially acknowledge the Form 1295 submitted by the awarded vendor which will cause it to be publicly posted on the Texas Ethics Commission website.

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

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33. ANTI-DISCRIMINATION IN EMPLOYMENT

The Bidder, if permitted, certifies complete compliance with the Federal Civil Rights Law and the American with Disabilities Act, agreeing to non-discrimination based on race, age, color, religion, disability, gender, ancestry, national origin, or place of birth in employment practices, programs and services shall include, but not be limited to, the following employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other compensation; and selection for training, including apprenticeship.

34. COMPLIANCE WITH FEDERAL WAGE AND TAX LAWS

The Bidder shall comply with all Federal, State and local laws and ordinances relating to Social Security, Unemployment Insurance, Income Tax Withholding, Workers’ Compensation, pensions and similar matters.

35. LOCAL VENDOR PREFERENCE POLICY

Texas Local Government Code, Sections 271.905(a) and 271.9051 allow the City to consider a vendor’s principal place of business in awarding certain contracts by way of competitive bids. This consideration is in effect to promote economic development opportunities through the contract by employing local residents and increasing tax revenue. The City of Seguin applies a local vendor preference to bids in compliance with state statute.

36. ANTI ISRAEL CERTIFICATION

In compliance with Texas legislature HB 89, by bidding on or accepting an order to provide goods or services to the City of Seguin, the vendor /supplier certifies that the company does not boycott Israel and will not do so at any time while doing business with the City of Seguin.

37. ENERGY BOYCOTT PROHIBITED

In compliance with Texas legislature S.B. 13 (Birdwell/P. King) – Energy Boycott: among other things, prohibits a city from entering into a contract with a value of $100,000 or more that is to be paid from public funds with a company with more than 10 full-time employees for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract.

General Conditions of Bidding Page 150-15 CSJ: 0915-46-062

38. FIREARMS

In compliance with Texas legislature S.B. 19 (Schwertner/Capriglione) – Firearms:

among other things, (1) prohibits a governmental entity from entering into a contract with a value of $100,000 or more that is to be paid from public funds with a company with more than 10 full-time employees for the purchase of goods or services unless the contract contains a written verification from the company that it: (a) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (b) will not discriminate during the term of the contract against a firearm entity or firearm trade association; and (2) provides that the prohibition in

(1) does not apply to a city that (a) contracts with a sole-source provider, or (b) the city does not receive any bids from a company that is able to provide the required verification required by (1)

39. NOTICES

All notices called for or required by this agreement will be addressed to Purchasing Manager, City of Seguin, 205 N. River Street, Seguin, Texas 78155, or such other party or address as either party designates in writing, by certified mail, postage pre-paid, or by hand delivery, and will be effective five days after mailing.

40. STATE AND FEDERAL FUNDED PROCUREMENTS

The City of Seguin follows State of Texas and Federal 2 CFR 200.318-326 and Appendix II to Part 200 procurement law and guidance in the purchasing and contract management of goods and services funded by state and/or federal funds. Additional policy guidance is contained in the City of Seguin Purchasing Policy which addresses the City’s requirements pertaining to the procurement and expenditure of local, state and federal funds.

41. QUESTIONS

Questions regarding interpretation of specifications, bids, bid results or bid awards should be directed in writing to the Buyer indicated in the General and/or Technical Specifications or to the Purchasing Manager, Ashley Bruns abruns@seguintexas.gov and be referenced by bid number and bid title.

mailto:abruns@seguintexas.gov

Proposal Page 200-1 CSJ: 0915-46-062

PROPOSAL

JOE CARRILLO ST. & COUNTRYSIDE BLVD.

BID NO.

CSJ: 0915-46-062

SEQ. NO. ITEM NO BID ITEM DESCRIPTION UNIT

ESTIMATED

QUANTITY

PRICE

PER UNIT AMOUNT

1 100 7002 PREPARING ROW STA 39.7

2 104 7011 REMOV CONC (DRIVEWAYS) SY 715

3 104 7013 REMOV CONC (SIDEWALK, RAMP OR SUP) SY 676

4 104 7017 REMOV CONC (CURB & GUTTER) LF 1821

5 105 7008 RMV (8"-12") TRT/UNTRT BASE & ASPH PAV SY 1870

6 110 7001 EXCAV (ROADWAY) CY 762

7 110 7002 EXCAV (CHANNEL) CY 3.7

8 132 7003 EMBANK (FNL)(OC)(TY B) CY 307

9 160 7002 FURN & PLACE TOPSOIL (4") SY 2560

10 162 7008 ROLL SODDING SY 2560

11 168 7001 VEGETATIVE WATERING TGL 39.9

12 310 7013 PRIME COAT (MC-30 OR AE-P) GAL 29

13 341 7001 D-GR HMA TY-B PG64-22 TON 25

14 341 7015 D-GR HMA TY-C PG64-22 TON 13

15 341 7082 TACK COAT GAL 7

16 420 7061 CL C CONC (COLLAR) EA 4

17 432 7050 BEDDING MATERIAL (6 IN) CY 6

18 464 7019 RC PIPE (CL IV)(18 IN) LF 84

19 467 7305 SET (TY II) (18 IN) (RCP) (3: 1) (C) EA 4

20 479 7001 ADJUSTING MANHOLES EA 2

21 479 7007 ADJUSTING MANHOLES (WATER VALVE BOX) EA 2

22 479 7008 ADJUSTING MANHOLES (WATER METER) EA 1

23 496 7006 REMOV STR (HEADWALL) EA 1

24 496 7007 REMOV STR (PIPE) LF 12

25 500 7001 MOBILIZATION LS 1

26 502 7001 BARRICADES, SIGNS AND TRAFFIC HANDLING MO 5

Proposal Page 200-2 CSJ: 0915-46-062

ESTIMATED

QUANTITY

PRICE

PER UNIT AMOUNT

27 506 7043 BIODEG EROSN CONT LOGS (INSTL) (8") LF 398

28 506 7044 BIODEG EROSN CONT LOGS (INSTL) (12") LF 22

29 506 7046 BIODEG EROSN CONT LOGS (REMOVE) LF 420

30 529 7009 CONC CURB & GUTTER (TY II) LF 1651

31 530 7006 DRIVEWAYS (CONC) SY 901

32 531 7003 CONC SIDEWALKS (6") SY 3918

33 531 7005 CURB RAMPS (TY 1) EA 1

34 531 7007 CURB RAMPS (TY 3) EA 4

35 531 7010 CURB RAMPS (TY 7) EA 3

36 531 7011 CURB RAMPS (TY 10) EA 1

37 536 7002 CONC MEDIAN SY 31

38 550 7005 CHAIN LINK FENCE (INSTALL) (8') LF 435

39 550 7007 CHAIN LINK FENCE (REMOVE) LF 442

40 550 7015 GATE (INSTALL)(6'X18') EA 1

41 560 7002 MAILBOX INSTALL-S (TWG-POST) TY 2 EA 1

42 636 7001 ALUMINUM SIGNS (TY A) SF 74.1

43 636 7004 REPLACE EXISTING ALUMINUM SIGNS(TY A) SF 37.0

44 644 XXXX IN SM RD SN SUP&AM (SPECIAL) EA 14

45 644 XXXX RELOCATE SM RD SN SUP&AM (SPECIAL) EA 3

46 644 7073 REMOVE SM RD SN SUP&AM EA 13

47 666 7030 REFL PAV MRK TY I (W)12"(SLD)(100MIL) LF 370

48 666 7036 REFL PAV MRK TY I (W)24"(SLD)(100MIL) LF 515

49 666 7087 REF PAV MRK TY I(W)18"(YLD TRI)(100MIL) EA 25

50 666 7175 RE PM TY II (W) 6" (SLD) LF 2070

51 666 7182 RE PM TY II (W) 12" (SLD) LF 370

52 666 7184 RE PM TY II (W) 24" (SLD) LF 515

53 666 7200 RE PM TY II (W) 18" (YLD TRI) EA 25

54 666 7213 RE PM TY II (Y) 6" (SLD) LF 6920

Proposal Page 200-3 CSJ: 0915-46-062

ESTIMATED

QUANTITY

PRICE

PER UNIT AMOUNT

55 666 7411 REFL PAV MRK TY I (W)6"(SLD)(100MIL) LF 2070

56 666 7423 REFL PAV MRK TY I (Y)6"(SLD)(100MIL) LF 6920

57 672 7004 REFL PAV MRKR TY II-A-A EA 120

58 677 7008 ELIM EXT PM & MRKS (24") LF 125

59 685 7004 INSTL RDSD FLSH BCN ASSM (SOLAR PWRD) EA 3

60 6073 XXXX REC RAPID FLASH BEACON (2-WAY SOLAR) EA 4

PROJECT TOTAL

Proposal Page 200-4 CSJ: 0915-46-062

The Contractor agrees to complete the project on which he has bid, as specified and shown on the plans, within 170 calendar days per the construction time determination schedule.

The City reserves the right to increase or decrease the total proposal amount by 25%, by increasing or decreasing quantities if the total proposal exceeds or is below the funds available.

The above prices shall include all labor, materials, overhead, profit, insurance, etc. to cover the finished work of the kinds called for.

The work proposed to be done shall be accepted when fully completed and finished in accordance with the plans and specifications to…