Bid Manual AF-2025-48.pdf

Schertz Seguin Local Government Corporation

205 N. RIVER

SEGUIN, TEXAS 78155

Invitation to Bid (ITB) –No. AF-2025-48

Well Site & Easement Clearing

Responses Due:

April 15, 2025, by 3:00 PM

PUBLIC NOTICE

INVITATION TO BID

The Schertz Seguin Local Government Corporation (SSLGC) is accepting electronic bids for:

Well Site & Easement Clearing

Electronic bids will be received by the SSLGC, through http://www.bidnetdirect.com/texas/cityofseguin until 3:00 P.M., Tuesday, April 15, 2025. All Bids will be announced publicly in the Council Chambers of City Hall at 3:00 P.M. on that date.

Bids received after the time and date set for submission will be disqualified.

SSLGC reserves the right to reject or accept any and all Bids and to waive informalities.

SSLGC Board of Directors’ decision will be final.

Andrew McBride General Manager Schertz Seguin Local Government Corporation https://c212.net/c/link/?t=0&l=en&o=4075906-1&h=3954152325&u=http%3A%2F%2Fwww.bidnetdirect.com%2Ftexas%2Fcityofseguin&a=http%3A%2F%2Fwww.bidnetdirect.com%2Ftexas%2Fcityofseguin

ADDENDUM FORM

Bid # AF-2024-48

Receipt is hereby acknowledged of the following Addenda to the Specifica�ons:

ADDENDUM NO. 1 DATED __________________ ADDENDUM NO. 4 DATED __________________

ADDENDUM NO. 2 DATED __________________ ADDENDUM NO. 5 DATED __________________

ADDENDUM NO. 3 DATED __________________ ADDENDUM NO. 6 DATED __________________

• The Undersigned affirms that it is duly authorized to submit this bid, that this bid has not been prepared in collusion with any other bidder, and that the content of this bid as to prices, terms, or condi�ons of said bid has not been communicated to any other bidder prior to the official opening of this bid.

• The Undersigned cer�fies that pursuant to Sec�on 2270.002 of the Texas Government Code, Bidder does not boycot Israel and will not boycot Israel during the term of the contract resul�ng from this solicita�on.

• The Undersigned cer�fies that pursuant to S.B 19, Bidder does not boycot energy companies and will not boycot energy companies during the term of the contract.

• The Undersigned cer�fies that pursuant to S.B. 13, Bidder does not have a prac�ce, policy, guidance, or direc�ve that discriminates against a firearm en�ty or firearm trade associa�on; and will not discriminate during the term of the contract against a firearm en�ty or firearm trade associa�on.

Company Name Authorized Signature

Address Printed Name

City, State, Zip Code Title

Phone No. Date

Email Address: ___________________________________________________

SSLGC Well Site and Easement Clearing Specifications

• All clearing will be performed by a contractor who meets the city of Seguin’s insurance requirements and lists Schertz Seguin Local Government Corporation as a policy holder.

• All acreage provided is an estimate for bidding purposes

• All clearing will be completed to the satisfaction of the SSLGC management team.

• Hydraulic mulching is the preferred method of clearing.

• All right of ways and roads will be drivable once clearing is completed

• Contractor will coordinate with SSLGC staff for access to right of ways and well sites

• All roads will be cleared 45 feet from center line in either direction with a minimum vertical clearance of 15 feet, unless obstacles such as fences prohibit clearing or otherwise instructed.

• All well sites will be cleared a minimum of 30 feet from the well site fence with a 15ft vertical clearance, unless obstacles prohibit clearing or otherwise instructed.

• All pipeline easements will be cleared a minimum of 30ft wide with a 15ft vertical clearance, unless obstacles prohibit clearing or otherwise instructed.

• Pre-bid site visit is required for bids to be considered.

SSLGC Well # 9

4.5 Acers

SSLGC Well 10

4.6 acre

SSLGC Well # 4

4.6 acres

SSLGC Well #1

7.2 Acres

SSLGC Well 12

15.2 Acres

SSLGC Well #2

4.4 Acres

SSLGC Well #2 Easement

6.5 acres

SSLGC Well #5

2.6 Acres

SSLGC Well #3

13.3 Acres

SSLGC Well #8

2.5 Acres

SSLGC Well #8 Road and Easment

5.4 Acres

SSLGC Well #11 Road

2.2 Acres

SSLGC Wells 1 and 3 Easement Pawelek property

North of Hwy 80

3.3 Acres

SSLGC Wells 1 and 3 road and easement Ashley property

4.4 acres

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SPECIFICATIONS

SCOPE AND INTENT

SSLGC is requesting bids for Well Site & Easement Clearing as further described and specified in the documents.

Property Description:

Parcel # # of Acres Description / Detail

Well site #9

4.5 This parcel is mostly overgrown and scrappy. Hydro axing should be used so cuttings can be mulched back into the soil. All trees and brush in the staked area are to be removed unless otherwise marked. Any overhanging trees into the staked area must be trimmed to a minimum of 15 feet of vertical clearance. All stumps must be at ground level.

Well site #10

4.6 This parcel is mostly overgrown and scrappy. Hydro axing should be used so cuttings can be mulched back into the soil. All trees and brush in the staked area are to be removed unless otherwise marked. Any overhanging trees into the staked area must be trimmed to a minimum of 15 feet of vertical clearance. All stumps must be at ground level.

Well site #

4.6 This parcel is mostly overgrown and scrappy. Hydro axing should be used so cuttings can be mulched back into the soil. All trees and brush in the staked area are to be removed unless otherwise marked. Any overhanging trees into the staked area must be trimmed to a minimum of 15 feet of vertical clearance. All stumps must be at ground level.

Well site #

7.2 This parcel is mostly overgrown and scrappy. Hydro axing should be used so cuttings can be mulched back into the soil. All trees and brush in the staked area are to be removed unless otherwise marked. Any overhanging trees into the staked area must be trimmed to a minimum of 15 feet of vertical clearance. All stumps must be at ground level.

Well site #

15.2 This parcel is mostly overgrown and scrappy. Hydro axing should be used so cuttings can be mulched back into the soil. All trees and brush in the staked area are to be removed unless otherwise marked. Any overhanging trees into the staked area must be trimmed to a minimum of 15 feet of vertical clearance. All stumps must be at ground level.

Well site #

4.4 This parcel is mostly overgrown and scrappy. Hydro axing should be used so cuttings can be mulched back into the soil. All trees and brush in the staked area are to be removed unless otherwise marked. Any overhanging trees into the staked area must be trimmed to a minimum of 15 feet of vertical clearance. All stumps must be at ground level.

Well # 2 easement

6.5 This parcel is mostly overgrown and scrappy. Hydro axing should be used so cuttings can be mulched back into the soil. All trees and brush in the staked area are to be removed unless otherwise marked. Any

Well site #

2.6 This parcel is mostly overgrown and scrappy. Hydro axing should be used so cuttings can be mulched back into the soil. All trees and brush in the staked area are to be removed unless otherwise marked. Any overhanging trees into the staked area must be trimmed to a minimum of 15 feet of vertical clearance. All stumps must be at ground level.

Well site #

13.3 This parcel is mostly overgrown and scrappy. Hydro axing should be used so cuttings can be mulched back into the soil. All trees and brush in the staked area are to be removed unless otherwise marked. Any overhanging trees into the staked area must be trimmed to a minimum of 15 feet of vertical clearance. All stumps must be at ground level.

Well site #

2.5 This parcel is mostly overgrown and scrappy. Hydro axing should be used so cuttings can be mulched back into the soil. All trees and brush in the staked area are to be removed unless otherwise marked. Any overhanging trees into the staked area must be trimmed to a minimum of 15 feet of vertical clearance. All stumps must be at ground level.

Well # 8 easement

8.55 This parcel is mostly overgrown and scrappy. Hydro axing should be used so cuttings can be mulched back into the soil. All trees and brush in the staked area are to be removed unless otherwise marked. Any overhanging trees into the staked area must be trimmed to a minimum of 15 feet of vertical clearance. All stumps must be at ground level.

Well #11 Road

2.2 This parcel is mostly overgrown and scrappy. Hydro axing should be used so cuttings can be mulched back into the soil. All trees and brush in the staked area are to be removed unless otherwise marked. Any

Wells 1 & 3 easement Pawelek property

3.3 This parcel is mostly overgrown and scrappy. Hydro axing should be used so cuttings can be mulched back into the soil. All trees and brush in the staked area are to be removed unless otherwise marked. Any overhanging trees into the staked area must be trimmed to a minimum of 15 feet of vertical clearance. All stumps must be at ground level.

Well 1 & 3 easement Ashley property

4.4 This parcel is mostly overgrown and scrappy. Hydro axing should be used so cuttings can be mulched back into the soil. All trees and brush in the staked area are to be removed unless otherwise marked. Any overhanging trees into the staked area must be trimmed to a minimum of 15 feet of vertical clearance. All stumps must be at ground level.

It is the intent of these specifications to provide bidders with specific information and data necessary to prepare and submit a bid. The specifications described in this solicitation are considered to be the minimum bid specifications. SSLGC will accept bids that exceed the minimum specifications. Consideration will be evaluated based on cost/benefit for those items that exceed the minimum specifications.

BASIS OF AWARD

SSLGC reserves the right to award a contract or contracts to a bidder or bidders on the basis best value to the corporation.

COMPLIANCE WITH LAWS

All bidders involved shall observe and comply with all federal, state and local applicable laws, standards and regulations as they may be applicable to this bidding process.

EXCEPTIONS

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

INVOICING

a. All orders must have an assigned purchase order number prior to order being placed.

b. Payments will be processed within thirty (30) days of receipt of invoice and goods are accepted. Invoices must be itemized and must reference the Purchase Order number.

Procuring and Contracting Agency

Point of Contact

SSLGC & The City of Seguin issues this bid and the Purchasing Manager is the sole point of contact during the solicitation and selection process.

Ashley Bruns, Purchasing Manager ABruns@seguintexas.gov

Questions must be received via email by April 7, 2024, by 3:00 p.m. local time to be included in addendum.

PREPARATION OF BID

a. The Bid Form must be complete and printed in. Bids must give full firm name and address of respondent and be manually signed. The person signing the proposal must show title or authority to bind his/her firm in a contract. Firm name and authorized signature must appear on each page that calls for this information.

Failure to provide complete information or exact quantities requested may result in disqualification of bid.

b. All prices shall be submitted as specified on the Bid Form. “No Bid” shall be marked on all items for which bidder does not wish to submit a quote.

c. Failure to utilize the Bid Form(s) may result in disqualification. All spaces are to be completed.

d. 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 P.M., Tuesday April 15, 2025. Bids will be opened and read publicly in the Council Chambers of City Hall, address 210 E. Gonzales, Seguin TX 78155 at 3:00 P.M. on that date.

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

BID FORM

Bid # AF-2025-48

Parcel # # of Acres Fee Completion Time in Days Well #9 4.5 $ Well #10 4.6 $ Well #4 4.6 $ Well #1 7.2 $ Well #12 15.2 $ Well #2 4.4 $ Well #2 Easement 6.5 $ Well #5 2.6 $ Well #3 13.3 $ Well #8 2.5 $ Well #8 Road & Easement 5.4 $ Well #11 Road 2.2 $ Wells 1 & 3 Easement Pawelek 3.3 $ Wells 1 & 3 Road & Easement Ashley 4.4 $ Total Project Amount $

CERTIFICATE OF CORPORATE BIDDER

I, _________________________________, certify that I am __________________________________(title)

Of the corporation named as Bidder herein; that _____________________________________ who signed this bid on behalf of the Bidder, was then ________________________________ (title) of said corporation;

that said bid was duly signed for and on behalf of said corporation by authority of its governing body and is within the scope of its corporate powers.

Signature of Officer: ______________________________________

Type or Print Name: ______________________________________

Title of Officer: __________________________________________

BID FORM

(continued) Bid # AF-2025-48

Receipt is hereby acknowledged of the following Addenda to the Specifications:

ADDENDUM NO. 1 DATED __________________ ADDENDUM NO. 4 DATED __________________

ADDENDUM NO. 2 DATED __________________ ADDENDUM NO. 5 DATED __________________

ADDENDUM NO. 3 DATED __________________ ADDENDUM NO. 6 DATED __________________

• The Undersigned affirms that it is duly authorized to submit this bid, that this bid has not been prepared in collusion with any other bidder, and that the content of this bid as to prices, terms, or conditions of said bid has not been communicated to any other bidder prior to the official opening of this bid.

• The Undersigned certifies that pursuant to Section 2270.002 of the Texas Government Code, Bidder does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation.

• The Undersigned certifies that pursuant to S.B 19, Bidder does not boycott energy companies and will not boycott energy companies during the term of the contract.

• The Undersigned certifies that pursuant to S.B. 13, Bidder does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the contract against a firearm entity or firearm trade association.

Address Printed Name

City, State, Zip Code Title

Phone No. Date

Email Address: ___________________________________________________

BIDDER’S EXCEPTION FORM

Bid # AF-2024-48

Purchase of Three Variable Frequency Drives

This form must be completed and signed by an authorized representa�ve of the company. Failure to do so may cause total bid to be rejected. If no excep�ons are to proposed, indicate by sta�ng “No Excep�ons to Specifica�ons” and sign in the appropriate space.

STATEMENT OF BIDDER:

WE PROPOSE THE FOLLOWING EXCEPTIONS TO THE SPECIFICATIONS:

PAGE/

SECTION PARAGRAPH # EXCEPTION

NOTE: If addi�onal pages are needed, atach to the back of this page and note “See Page 2- Devia�ons” on this page.

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 12/22/2017

FORM 1295CERTIFICATE OF INTERESTED PARTIES

OFFICE USE ONLOFFICE USE ONLOFFICE USE ONLOFFICE USE ONLOFFICE USE ONLYYYYY

6 UNSWORN DECLARATION

My name is _______________________________________________________, and my date of birth is _______________________________.

My address is ________________________________________________, ___________________, _______, __________, ______________.

(street) (city) (state) (zip code) (country)

I declare under penalty of perjury that the foregoing is true and correct.

Executed in ___________________ County, State of ______________ , on the _______ day of _______________, 20______.

(month) (year)

Signature of authorized agent of contracting business entity (Declarant)

ADD ADDITIONAL PAGES AS NECESSARY

Name of Interested Party Nature of Interest (check applicable)City, State, Country

(place of business) Controlling Intermediary

Name of governmental entity or state agency that is a party to the contract for which the form is being filed.

3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract.

Complete Nos. 1 - 4 and 6 if there are interested parties.

Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.

1 Name of business entity filing form, and the city, state and country of the business entity's place of business.

Check only if there is NO Interested Party.

Mus t fi le on lin e a t w ww.et hic s.s tat e.t x.u s/F ile

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

FORM CIQ

OFFICE USE ONLY

Date Received

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

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

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

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

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

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

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

Name of Officer

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

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

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

Yes No

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

Yes No

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

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

Signature of vendor doing business with the governmental entity Date ownership interest of one percent or more.

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

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

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

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

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

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

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

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

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

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

(2) the vendor:

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

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

or

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

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

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

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

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

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

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

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

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

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

(1) the date that the vendor:

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

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

(2) the date the vendor becomes aware:

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

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

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

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ATTACHMENT A

(Revised 5/23/23)

INSURANCE

SECTION A. Prior to the approval of this contract by the City, CONTRACTOR shall furnish a completed Insurance Certificate to the Purchasing office. The certificate shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and shall furnish and contain all required information referenced or indicated thereon. CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE IS RECEIVED BY THE CITY OF SEGUIN'S PURCHASING DEPARTMENT, and no officer or employee of the City shall have authority to waive this requirement.

INSURANCE COVERAGE REQUIRED

SECTION B. CITY reserves the right to review the insurance requirements of this section during the effective period of the contract and to adjust insurance coverages and their limits when deemed necessary and prudent by CITY, based upon changes in statutory law, court decisions, or the claims history of the industry as well as the CONTRACTOR.

SECTION C. Subject to CONTRACTOR'S right to maintain reasonable deductibles in such amounts as are approved by CITY, CONTRACTOR shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at CONTRACTOR'S sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to CITY, in the following type(s) and amount(s):

TYPE AMOUNT

1. Workers' Compensation and Statutory

Employer’s Liability

NOTE: For building or construction projects, and services provided at City-owned facilities, the successful Contractor shall meet the minimum requirements defined in the Texas Workers' Compensation Commission Rule 28 TAC §110.110 which follows this insurance attachment.

2. Commercial General (public) Liability including coverage for the following:

a. Premises operations $1,000,000 per occurrence

b. Independent contractors $2,000,000 aggregate

c. Products/completed operations

d. Personal injury

e. Advertising injury

f. Contractual liability

g. Medical payments

h. Professional liability*

i. Underground hazard*

j. Explosion and collapse hazard*

k. Liquor liability*

l. Fire legal liability*

m. City's property in Contractor's* care, custody, or control

n. Asbestos specific liability*

* Not required for this contract

3. Comprehensive Automobile Liability $1,000,000 per occurrence insurance, including coverage for loading and unloading hazards, for:

a. Owned/leased vehicles

- 2 -

b. Non-owned vehicles

c. Hired vehicles

4. Errors and Omissions $1,000,000 per occurrence or claim insurance policy $2,000,000 aggregate (when applicable) for the willful or negligent acts or omissions of any no less than officers, employees or agents thereof

5. Cyber $2,000,000 (when applicable)

ADDITIONAL POLICY ENDORSEMENTS

CITY shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by CITY, CONTRACTOR shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof.

REQUIRED PROVISIONS

CONTRACTOR agrees with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions.

a. Name the City of Seguin and its officers, employees, and elected representatives as an Additional Insured(s), (as the interest of each insured may appear) to all applicable coverage.

b. Provide for 30 days notice to City for cancellation, non-renewal, or material change.

c. Provide for notice to City at the address shown below by registered mail.

d. CONTRACTOR agrees to waive subrogation against the City of Seguin, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance.

e. Provide that all provisions of this agreement concerning liability, duty, and standard of care together shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies.

f. For coverages that are only available with claims made policies, the required period of coverage will be determined by the following formula: Continuous coverage for the life of the contract, plus one year (to provide coverage for the warranty period) and an extended discovery period for a minimum of five years which shall begin at the end of the warranty period.

NOTICES

CONTRACTOR shall notify CITY in the event of any change in coverage and shall give such notices not less than thirty (30) days prior to the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to CITY at the following address:

Purchasing Department City of Seguin P.O. Box 591 Seguin, Texas 78156

SECTION D. Approval, disapproval, or failure to act by CITY regarding any insurance supplied by CONTRACTOR shall not relieve CONTRACTOR of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate CONTRACTOR from liability.

- 3 -

WORKERS COMPENSATION INSURANCE

for

Building or Construction Projects and Services Provided at City-Owned Facilities

TEXAS WORKERS' COMPENSATION COMMISSION RULE 28 § 110.110

As required by the Texas Workers' Compensation Rule 28, §110.110, the Contractor shall accept the following definitions and comply with the following provisions:

Workers' Compensation Insurance Coverage

A. Definitions:

1. Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project.

2. Duration of the project-includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the City of Seguin.

3. Persons providing services on the project ("subcontractor" in Section 406.096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project.

"Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.

B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project.

C. The Contractor must provide a certificate of coverage to the City of Seguin prior to being awarded the contract.

D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the

Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the City of Seguin showing that coverage has been extended.

E. The Contractor shall obtain from each person providing services on a project, and provide to the City of Seguin:

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

2. No later than seven (7) days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project.

F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one (1) year thereafter.

G. The Contractor shall notify the City of Seguin in writing by certified mail or personal delivery, within ten (10) days after the

Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project.

H. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers'

Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage.

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I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to:

1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project;

2. Provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project.

3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

4. Obtain from each other person with whom it contracts, and provide to the Contractor:

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

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

5. Retain all required certificates of coverage on file for the duration of the project and for one (1) year thereafter;

6. Notify the City of Seguin in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and

7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) -

(7), with the certificates of coverage to be provided to the person for whom they are providing services.

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

K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the City of Seguin to declare the contract void if the Contractor does not remedy the breach within ten

(10) days after receipt of notice of breach from the City of Seguin.

As defined by the Texas Labor Code, Chapter 269, Section 406.096(e), building or construction is defined as:

1. Erecting or preparing to erect a structure, including a building, bridge, roadway, public utility facility, or related appurtenance;

2. Remodeling, extending, repairing, or demolishing a structure; or

3. Otherwise improving real property or an appurtenance to real property through similar activities.

The employment of a maintenance employee who is not engaging in building or construction as the employer's primary business does not constitute engaging in building or construction.

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CITY OF SEGUIN

INSURANCE REQUIREMENT AFFIDAVIT

To be Completed By Appropriate Insurance Agent and submitted with bid proposal.

I, the undersigned Agent/Broker, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Contractor. If the below identified Contractor is awarded this contract by the City of Seguin, I will be able to, within ten (10) days after being notified of such award, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid.

Agent (Signature) Agent (Print)

Name of Agency/Broker:

Address of Agent/Broker:

City/State/Zip:

Agent/Broker Telephone #: ( )

CONTRACTOR'S NAME:

(Print or Type)

NOTE TO AGENT/BROKER

If this time requirement is not met, the City has the right to invalidate the bid award and award the contract to the next lowest bidder meeting specifications. Should an awarded bid be invalidated the Contractor may be liable for breach of contract. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Seguin at (830) 401-2451

GENERAL CONDITIONS OF BIDDING

These general conditions apply to any procurement of products or services by Schertz-Seguin Local Government Corporation. 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 Conditions of Agreement, General and/or Technical Specifications, Special and Supplementary Conditions, Information to Bidders, Bid Form(s) and any Addendum.

B. “Bidder” or “Offeror” 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” 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 Owner.

I. “Owner” or “Purchaser” shall refer to Schertz-Seguin Local Government Corporation, 108 W Mountain St, Seguin, Texas 78155.

J. “Purchase Order” means the document issued by the Owner that creates a legal binding contract between the Owner 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.

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 Owner 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 Owner 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 Owner 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 Owner.

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

K. The Owner 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 Owner 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.

D. If a mistake is not discoverable and verifiable by the Owner, 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 SSLGC Board 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 Owner or the compensation to the vendor. On request, and to the extent Owner has control over the Site, the Owner will provide Bidder access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid.

Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site.

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 Owner, 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 Owner’s 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 Owner shall have a financial interest, direct or indirect, in any contract with the Owner, or shall benefit financially, directly or indirectly, in the sale to the Owner of any materials, supplies or services, except on behalf of the Owner as an officer or employee.

G. The Owner 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.

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.

C. The Owner 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.

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

151.309 of the Texas Tax Code.

E. 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.

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

G. The Owner 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.

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

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 Owner or an original bond submitted in the form required by the Owner 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 Owner, the bid will not be considered.

8. EXCEPTIONS

If Bidder…