AF-2025-57 Bid Manual.pdf

It’s real.

CITY OF SEGUIN

205 N. RIVER

SEGUIN, TEXAS 78155

REQUEST FOR BIDS – Bid No. AF-2025-57

Aclara Electric RF Maters, Water Meter Transmitting Units (MTU), and Data Collection Units (DCU)

Bids Due:

July 22, 2025, by 3:00 PM

PUBLIC NOTICE

INVITATION FOR BIDS

The City of Seguin is accepting sealed bids for:

Aclara Electric RF Meters, Water Meter Transmitting Units (MTU), and

Data Collection Units (DCU)

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, July 22, 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.

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

The City of Seguin reserves the right to reject or accept any and all proposals and to waive informalities. The City Council’s decision will be final.

STEVE PARKER

CITY MANAGER

CITY OF SEGUIN, TEXAS

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

1. SCOPE AND INTENT

It is the intent of the City of Seguin to enter into an annual contract for the supply of Aclara Electric RF Maters, Water Meter Transmitting Units (MTU), and Data Collection Units (DCU) for use by the City’s Utility Services Department. The purpose of these specifications is to describe the minimum requirements of the contract. This contract is intended for routine and continuous usage.

2. TERM OF CONTRACT

The initial contract term shall begin August, 2025, following City Council approval of said contract through September, 2026.

The term of the agreement shall be for a period of one year with options to renew annually for up to three (3) additional one-year terms. However, if funds are not appropriated, the City may cancel the agreement 30 calendar days after providing written notification to the Contractor.

3. BASIS OF AWARD

The City of Seguin reserves the right to award a bid or contract to the bidder who provides goods or services at the “best value” for the City. Factors to be considered in the evaluation of the bids are price, quality, reputation and experience of bidder, past relationship with City, long term cost, and other factors as deemed appropriate by the Purchaser.

4. MATERIAL

a) All meters and metering components supplied must be compatible with the City’s Alcara RF Automatic Meter Reading System and must be manufactured by Aclara Inc. and conform to the City’s Specifications. All meters and metering components not meeting these conditions will be deemed unacceptable and may be returned to the Contractor at no charge to the City.

b) All products, where applicable, must comply with the City’s Specifications, unless otherwise indicated in the Specifications.

c) Meter test results must be provided via email or with every shipment made to the city’s delivery location prior to or upon delivery. Test result shall be emailed to Adam Ryals, Utility Warehouse Superintendent aryals@seguintexas.gov and Clay Howard, Utility Services Superintendent choward@seguintexas.gov

d) Packaging and shipment of meters must be in a sealed and secured box and on a pallet to avoid shipments being damaged during transit and delivery.

5. DELIVERY

a) All deliveries shall be made complete within five (5) calendar days of the estimated lead time provided by the vendor, between the hours of 7:30 a.m.

and 3:00 p.m. Monday through Friday except on holidays designated by the City. Deliveries that cannot be completed by 3:00 p.m. will resume the morning of the following business day. All deliveries must be conducted by trucks that are accessible for forklift use. Vendors are encouraged to view delivery location.

b) Delivery locations:

1. Utility Operations Center (UOC) 3027 N. Austin St. Seguin Texas, 78155.

2. Delivery vehicles must be able to safely enter the delivery location.

c) Following the award of contract, the City reserves the right to cancel any orders upon failure of contractor to make delivery within the time specified in this proposal. The City reserves the right to purchase on the open market and charge contractor the difference between contract price and the purchase price.

mailto:aryals@seguintexas.gov mailto:choward@seguintexas.gov

6. QUANTITIES

Description Unit of Measure Estimated Annual Quantity

Form 2S CL200 w/remote disconnect

Each (ea) 600

Form 2S CL320 Each (ea) 5

Form 4S CL20 Each (ea) 10

Form 12S CL200 w/remote disconnect

Each (ea) 100

Form 9S CL20 Each (ea) 20

Form 16S CL200 Each (ea) 20

Form 3S CL20 Each (ea) 1

Form 6S CL20 Each (ea) 1

Form 45S CL20 Each (ea) 1

Water Meter MTU Encoder, Single Port Extended Range

Each (ea) 600

Data Collection Unit II+ Dual Backhaul Ethernet/Cellular

Each (ea) 2

The actual quantities and frequency of orders may increase or decrease and may fluctuate seasonally during the year. Bidders are advised that whether they use or do not use this data as an aid in submitting their proposal is entirely at their discretion. The City reserves the right to increase or decrease quantities for any item dependent on available funding and demand during the entire term of this contract.

7. PRICING AND INVOICING

• Quoted unit prices shall be held firm during the initial contract period.

• Prices quoted shall be F.O.B. DESTINATION, FREIGHT PRE-PAID AND ALLOWED.

• Bids will not include State Sales Tax. The City of Seguin is tax exempt.

• Subject to acceptable performance by the Contractor and contingent upon the appropriation of sufficient funds for the procurement of goods provided for in this Contract, price revisions will be considered every twelve (12) months upon renewal.

o Price revisions will be based upon a price index or industrial standard for base pricing.

o Documentation must be provided to support the requested price adjustment. The request will be evaluated and may or may not be accepted.

o If the City concludes that the rate increase being requested is exorbitant, the City reserves the right to adjust the rate request or reject the rate request in its entirety and allow the contract to expire at the end of the twelve (12) month period.

• Invoices shall include the Purchase Order number for this contract and should be submitted electronically at accountspayable@seguintexas.gov or to the City of Seguin, Accounts Payable, P.O. Box 591, Seguin, TX 78156-0591. Payments will be processed within (30) days of receipt of the invoice or following acceptance of completed work.

8. SUPPLY AVAILABILITY

Bidder shall have sufficient material to fill orders within the requested delivery time of the order. Supplier agrees to notify the City when out of stock on any items due to circumstances beyond its control. The City will provide as much advance notice of requirements as is practicable on an as-needed basis. The City reserves the right to use other sources to purchase material(s) if it is not available from the awarded supplier(s).

mailto:accountspayable@seguintexas.gov

9. INSURANCE

The vendor shall, at all times during the period in which the contract is in force and effect, provide and maintain insurance of the type and in limits as set forth in Attachment A. Such insurance shall name the parties required to secure the same as insured and shall include the City of Seguin as an "additional insured" and provide City of Seguin with a waiver of subrogation. Bidders should include proof of coverage with their bid. Prior to the commencement of any work under this Contract, Contractor shall furnish an original completed Certificate of Insurance to the City’s Purchasing Manager.

10. WARRANTY

For all contract items required to be compatible with Aclara components of the City's metering system, an 18-month product warranty shall be provided which is exclusively tied to the manufactured good itself and shall remain in effect through Aclara as the manufacturer even in such case the distributor ceases to exist as a business or discontinues distribution of the product.

BID FORM

Bid # AF-2025-57

DUE DATE: July 22, 2025

Description Estimated

Annual Quantity

Unit Price Extended Amount

Form 2S CL200 w/remote disconnect 600 $ $

Form 2S CL320 5 $ $

Form 4S CL20 10 $ $

Form 12S CL200 w/remote disconnect 100 $ $

Form 9S CL20 20 $ $

Form 16S CL200 20 $ $

Form 3S CL20 1 $ $

Form 6S CL20 1 $ $

Form 45S CL20 1 $ $

Water Meter MTU Encoder, Single Port

Extended Range 600 $ $

Data Collection Unit II+ Dual Backhaul Ethernet/Cellular

2 $ $

TOTAL EXTENDED AMOUNT = $

Specifications

Specifications – Single Phase Electric Meter(s)

• Form CL200 2S w/ remote disconnect

• Form CL320 2S

• Form CL20 4S

• Form CL200 12S w/ remote disconnect

• Form CL20 3S

Compatibility: All electric meters shall include the Aclara transmitting unit that is compatible with the City of Seguin’s AMI/AMR Alcara RF system. NO SUBSTITUTIONS WILL BE CONSIDERED

Ingress Protection: NEMA 3R

Operating Temperature: -40oC to +85 oC, <95% relative humidity

Electrical Range:

Current Rating: Class 20, 200, 320 A

Frequency Rating: 50 or 60 Hz

Voltage Rating: 120V, 208V, 240V

Certification and Compliance:

Industry Standard(s): ANSI, C12.1, C12.10, C12.16, C12.18, C12.19, C12.20

FCC Class B emission

Specifications – Three Phase Electric Meter(s)

• Form CL20 9S

• Form CL300 16S

• Form CL20 36S

• Form CL20 45S

Compatibility: All electric meters shall include the Aclara transmitting unit that is compatible with the City of Seguin’s AMI/AMR Alcara RF system. NO SUBSTITUTIONS WILL BE CONSIDERED

Display: Supports 6 characters, up to 75 displayed items, Modes: Normal, Alternate, Test, Frozen, Site Genie (Diagnosis), 3 Character Display Label, Phase Voltage Indicator

Operating Temperature: -40oC to +85 oC, <95% relative humidity

Accuracy: Exceeds +/- 0.2% certified class accuracy, Typical watt loss: 0.8W@120V or 600V

Frequency Rating: 50 or 60 Hz

Weight: 2.5 – 3.9 lbs.

mailto:0.8W@120V

KYZ Option Board: Simple I/O – 2 form C outputs, 1 form A output & 1RTP, Multiple I/O – 2 form C outputs, 6 form A outputs, 4 pulse inputs & 1RTP

Industry Standard(s): ANSI, C12.1, C12.10, C12.18, C12.19, C12.20, UL2735, FCC Class B emission

Specifications – Water Meter MTU Encoder, Single Port Extended Range

Compatibility: All Water Meter MTU’s shall be compatible with the City of Seguin’s AMI/AMR Alcara RF system. NO SUBSTITUTIONS WILL BE CONSIDERED

Network type: Two-way

Transmit/receive frequency: 450-470 MHz (FCC licensed) Installation locations: Interior or exterior wall mount, pit/vault, remote antenna through-the-lid

Scheduled read interval: Hourly top-of-the-hour readings (default, configurable) Scheduled transmit interval: Four times per day (default, configurable) Security: AES 256 encryption and authentication

Inputs: Single or dual port On-board storage: 96 days of hourly readings and alarms – per port Connection to register: Bare wire (splice), or industry-standard connectors

Remote shut-off: Open, close, partially closed – controlled from head-end software

Battery life: 20 years

End point to end point synchronization: < 1 min

Physical characteristics: 6.38”w x 4.25”h x 1.44”d; 1 lb; color:

Operating temperature: -40°C to +70°C

Operating humidity: 0%-100% non-condensing

Storage temperature: -40°C to +85°C

Approvals: FCC part 90; Industry Canada RSS-119

Warranty: 20 years

Meter compatibility: All major manufacturers of water meters

Meter flags: Supports extended flags and alarms from multiple meter manufacturers

Network topology: Network (point to multi-point)

Network compatibility: Aclara DCU II Meter interface: Pulse or encoder Data resolution: 4–9 digits

Specifications – Data Collection Unit 2 Plus Dual Backhaul Ethernet Cellular

Compatibility: All Data Collection Units shall be compatible with the City of Seguin’s AMI/AMR Alcara RF system. NO SUBSTITUTIONS WILL BE CONSIDERED

Model: Aclara Data Collection Unit (DCU2+) Size: 22”H x 14”W x 8.25”D Main Enclosure: 316 Stainless Steel, NEMA 3R

Internal PCB Enclosure: Polycarbonate, NEMA 4X Operating Power: 120VAC +/- 20%, 0.7A Operating Temperature: -40oC to +70oC Operating Humidity: 0% to 95% non-condensing Vibration Rating: Seismic Zone 4 Wind Rating: 120 mph1 Backhaul Options: Cellular (AT&T, Verizon, Rogers, Bell Canada), Ethernet, Fiber Back up Battery: 12V, 42Ah, Lead-Acid Weight: 72 lbs. (36.6 pounds for DCU and 35.4 lbs. for the battery) Mounting Options: Wood pole mount, steel pole mount, lattice tower mount, water tower mount, roof top mount Approvals: FCC Part 15, FCC Part 90, IC RSS-119 Options:

Solar Operation: 100W panel(s) Failover Backhaul: Wired (Ethernet/Fiber) to Wireless (cellular), Wireless (Cellular) to Wired (Ethernet/Fiber)

ADDENDUM FORM

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.

Company Name Authorized Signature

Address Printed Name

City, State, Zip Code Title

Phone No. Date

Email Address: ___________________________________________________

BIDDER’S EXCEPTION FORM

This form must be completed and signed by an authorized representative of the company. Failure to do so may cause total bid to be rejected. If no exceptions are to proposed, indicate by stating “No Exceptions to Specifications” and sign in the appropriate space.

STATEMENT OF BIDDER:

WE PROPOSE THE FOLLOWING EXCEPTIONS TO THE SPECIFICATIONS:

PAGE/

SECTION PARAGRAPH # EXCEPTION

NOTE: If additional pages are needed, attach to the back of this page and note “See Page 2- Deviations” on this page.

Company Name Authorized Signature

CERTIFICATE OF CORPORATE BIDDER

AF-2025-57

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: __________________________________________

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

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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.

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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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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

INSURANCE REQUIREMENT AFFIDAVIT

AF-2025-57

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 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

Revised November 19, 2024

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 Conditions of Agreement, 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

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 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. 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.

C. 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.

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 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.

D. 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.

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 City.

G. 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.

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 City of Seguin or an original bond submitted in…