AF-2025-60 Utility Billing Renovations Bid Manual.pdf

CITY OF SEGUIN TEXAS

REQUEST FOR PROPOSALS

FOR

City Hall Utility Billing Office Renovations

RFQ #AF-2025-60

ISSUED BY THE CITY OF SEGUIN

PURCHASING DEPARTMENT

PROPOSALS MUST BE SUBMITTED NO LATER THAN:

August 19, 2025 3:00 p.m. (Local Time)

CITY OF SEGUIN

PUBLIC NOTICE

REQUEST FOR PROPOSALS

AF-2025-60

The City of Seguin is soliciting sealed proposals from qualified contractors for the City Hall Utility Billing Office Renovation project, located at 205 N River Street, Seguin, Texas.

The scope of work includes demolition, architectural improvements and final cleaning. All work must comply with applicable City codes, ADA requirements, and detailed project plans.

Proposal Deadline:

Proposals must be received no later than 3:00 PM on August 19, 2025. Late submissions will not be considered.

Submission Instructions:

Proposals will be received by the City of Seguin, electronically through http://www.bidnetdirect.com/texas/cityofseguin . The City will announce all proposed consulting firms publicly in the Council Chambers of City Hall at 3:00 P.M. on that date.

A pre-bid site visit will be held on August 7, 2025, at the project location. Attendance is recommended.

The full RFP document, including the scope of work and submission requirements, is available at http://www.bidnetdirect.com/texas/cityofseguin

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

STEVE PARKER

CITY MANAGER

CITY OF SEGUIN, TEXAS

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 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-2025-60

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

Bid # AF-2025-60

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

Scope of Work This project consists of interior alterations to City Hall in the Utility Billing Office impacted include:

- Lobby

- Offices

- Cashier areas

- Passage corridors

- Motor cashier section

General Requirements

- Comply with all City of Seguin building codes, ordinances, and deed restrictions.

- Contractor is responsible for all measurements, material quantities, and field verification.

- All work must be in accordance with the final stamped construction plans dated 06/23/2025.

Construction Details

- Wall and Finish Modifications: Modify and refinish existing walls per the Room Finish Schedule.

- Flooring: New flooring as indicated per room specifications.

- Ceilings: Acoustic ceiling tile replacement or repair where noted.

- Baseboards and Trim: Replace or restore per finish schedule.

- Lighting: Install emergency lighting and exit signs per code.

- HVAC/Electrical/Plumbing: Update as required to support alterations.

- Fire Code Compliance: Ensure fire alarms, emergency lights, and egress paths are compliant.

*Contractor must confirm materials on site prior to submittal.*

Evaluation Criteria:

Proposals submitted in response to this RFP will be evaluated based on the following criteria:

(Maximum Points: 100)

Evaluation Criteria Included Elements Weighting for Evaluation of SOQ

Technical Capability Quality of proposed design, system selection, and energy efficiency strategies. 35

Project Management Proposed project schedule and communication plan. 20

Experience Relevant project experience and demonstrated ability to deliver similar projects on time and within budget.

Cost Competitiveness Overall project cost and value proposition 20 Total Maximum 100 Points

Bidding Schedule

City of Seguin – City Hall Utility Billing Office

Tasks Schedule Advertisement to Bid – 2 Times 7/23 & 7/30 Pre-Bid Onsite Meeting 8/7/2025 Final Date for Questions 8/11/2025 Open Bid 8/19/2025 Award 9/2025

SELECTION AND AWARD PROCESS

All proposals received by the City of Seguin in response to this RFP will be reviewed by an evaluation team, which may include senior management representatives, a financial officer, and/or an independent consultant.

1. Selection will be based on the evaluation factors described in this RFP.

2. The evaluation team will recommend a qualified firm to the Seguin City Council. The City Council will make the final selection based on the evaluation team’s recommendation and whether the qualified Offeror’s proposal is determined to be the most advantageous to the City.

3. No individual City employee or any City Department has the authority to legally and/or financially commit the City to any contract or agreement for goods or services.

Submission Instructions:

• Sealed Proposals will be received by the City of Seguin electronically through http://www.bidnetdirect.com/texas/cityofseguin until 3:00 P.M., Tuesday, August 19, 2025. At 3:00 p.m. in the City Council Chambers, the name of all vendors submitting a Proposal will be read publicly but no contents of the Proposals will be disclosed.

• Vendors shall sign and include all documents requested and forms provided with the RFP. Also, to be included is a list of three (3) municipal or private sector references within 3 years or less with similar services were provided.

• Vendors shall submit a price proposal which indicates their full cost to provide the scope of services outlined. All costs associated with the performance of these services must be clearly delineated.

RIGHT OF THE CITY TO REQUEST FURTHER DOCUMENTATION

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

The City reserves the right to request additional documentation that it deems appropriate and necessary for the review and award process during both the initial proposal review process and the negotiation phase.

Questions must be received via BidNet by August 11, 2025, by 3:00 p.m. local time to be included in addendum.

Right to Reject Proposal and Negotiate Contract Terms

The City reserves the right to reject any and all proposals. The City reserves the right to negotiate the terms of the contract, including reimbursement rates with the selected Consultant prior to entering into a contract. If contract negotiations cannot be concluded successfully with the highest scoring Proposer, the City may negotiate a contract with the next highest scoring Proposer and so on until an agreement is reached.

Contract

• Negotiations

− After selection of a vendor based on qualifications, the City will then enter into negotiations as to the terms of the contract, all aspects of services, and the compensation to be paid to the vendor.

• Inability to Reach Agreement

− In the event the negotiation between the most qualified vendor(s) selected and the City cannot be completed as a result of an inability to reach agreement on the fee or services or the scope of work to be performed, then at the option of the City, the contract may be awarded to the next most qualified Consultant. Negotiations will continue in this sequence until a contract is finalized, or all responses are rejected.

• City Council Approval

− The final contract will be submitted to the City Council for approval.

• Final Contract

− The selected vendor will be required to assume responsibility for all services offered in its response, whether or not such services are provided by a partnership arrangement. The successful vendor will be considered the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract.

− The successful vendor will be required to enter into the contract with the City.

− This RFQ and the successful vendor’s response, or any part thereof, may be incorporated into and made a part of the final contract. The City reserves the right to negotiate the terms and conditions of the contract with the successful vendor.

● Upon the award of this contract, profit (either %/actual cost) must be identified and negotiated as a separate element of the price for any contract in excess of $50,000.

Insurance

Prior to beginning work, the successful firm shall have on file with the City of Seguin a Certificate of Liability Insurance form covering worker’s compensation, commercial general liability, professional liability, and business auto, listing the City as an additional insured in accordance with Exhibit A.

Questions

Respondents shall submit all questions, in writing via Bidnet. When submitting questions, please reference the solicitation name and number, as well as the page and section, if applicable. Question submissions are due by the date and time listed in the RFP Timetable. Questions submitted after the deadline do not require a response.

Point of Contact

The City of Seguin issues this Request for Proposals (RFP) and the Purchasing Manager is the sole point of contact during the solicitation and selection process.

Contact Information:

Ashley Bruns, Purchasing Manager abruns@seguintexas.gov

Responses to Questions & Addenda

Responses to question submissions and addenda will be posted on the City’s BidNet website under the referenced solicitation number/project. It is suggested that you sign up for email updates to ensure you receive all relevant information, as it is posted. It is the respondent’s responsibility to ensure they have received, reviewed, and understand all posted addenda. Respondents are required to certify all Addenda were received in their proposal submission.

STANDARD CONTRACT, CONDITIONS and REQUIREMENTS

The successful Proposer and the City will enter into a contract for the services described in this RFQ.

Failure of the successful Proposer to accept the obligations of a contractual agreement may result in a cancellation of award.

RESTRICTIONS ON LOBBYING ACTIVITY

The City 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 practice 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.

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

Upon issuance of the RFP, all proponent communications and requests for clarification or objections shall be directed in writing to Ashley Bruns, Purchasing Manager, for response, determination, and dissemination to all proponents. Any communication by proponents or their representatives toward other city officers or employees regarding this RFP or the award of a contract are prohibited and will constitute grounds for disqualification of a proponent.

A lobbyist or a proponent or any of their agents may not do any act or refrain from any act for the express purpose and intent of placing any City official under personal obligation to the lobbyist or proponent.

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BUILDING CODE ANALYSIS:GENERAL NOTES :WORKING SCHEDULE

EXISTING CONSTRUCTION

FINISH MATERIALS

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BASE CEILING REMARKSFLOORROOM

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MOTOR CASHIER

LOBBY

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BUILDING CODE ANALYSIS:GENERAL NOTES :WORKING SCHEDULE

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FINISH MATERIALS

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BASE CEILING REMARKSFLOORROOM

PASSAGE

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LOBBY

CASHIERS

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6-2-25

EXIT

Add emergency lights and exit signAPPROVED

It is the responsibility of the property owner to comply with the deed restrictions.

All responsibility for the adequacy of accuracy of these plans remains with the engineer who prepared them in approving these plans, the City of Seguin is relaying on the adequacy and accuracy of the work of the design engineer.

06/23/2025

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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.

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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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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

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.

Revised: February 13, 2025

GENERAL CONDITIONS OF AGREEMENT

1. DEFINITION OF TERMS

1.01. CONTRACT DOCUMENTS. The Contract Documents shall consist of all documents that are a part of this bid package, as well as all documents referenced by URL or website address within this bid package. Such Contract Documents may include, but are not limited to the Notice to Contractors (Advertisement), Instructions to Bidders, Proposal, signed Agreement, Performance and Payment Bonds (when required), Special Bonds (when required), General Conditions of Agreement, Minority Business Utilization Requirements (when required), Technical Specifications, Plans, and all modifications thereof incorporated in any of the documents before the execution of the agreement.

The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. In case of conflict between any of the Contract Documents, priority of interpretation shall be in the following order: Signed Agreement, Performance and Payment Bonds, Special Bonds (if any), Proposal, General Conditions of Agreement, General Conditions of Bidding, Notice to Contractors, Technical Specifications and Plans. All work performed by Contractor pursuant to the Contract Documents shall herein be referred to as the “WORK”.

1.02. SUBCONTRACTOR. The term Subcontractor, as employed herein, includes only those having a direct contract with the CONTRACTOR and it includes one who furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked.

1.03. WRITTEN NOTICE. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered mail to the last business address known to him who gives the notice.

1.04. WORK NOTICE. The CONTRACTOR shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel, transportation and other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be of a good quality. The CONTRACTOR shall, if required, furnish satisfactory evidence as to the kinds and quality of materials. Materials or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards.

1.05. WORKING DAY. A "Working Day" is defined as any day the weather or other conditions, not under the control of the contractor, will permit construction of the principal units of the work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. Saturdays, Sundays and legal holidays may be excluded if no work is performed.

1.06. CALENDAR DAY. "Calendar Day" is any day of the week or month, no days being excepted.

1.07. SUBSTANTIALLY COMPLETED. By the term "substantially completed" is meant that the structure has been made suitable for use or occupancy or the facility is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment.

2. RESPONSIBILITIES OF THE CONTRACTOR

2.01. CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants. The superintendent shall represent the CONTRACTOR.

The CONTRACTOR is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements.

The CONTRACTOR shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection of the safety of the improvements being erected and his property or any other persons as a result of his operations hereunder. Engineering construction drawings and specifications as well as any additional information concerning the work to be performed passing from or through the OWNER shall not be interpreted as requiring or allowing CONTRACTOR to deviate from the plans and specifications, the intent of such drawings, specifications and any other such instructions being to define with particularly the agreement of the parties as to the work the CONTRACTOR is to perform. CONTRACTOR shall be fully and completely liable, at his own expense, for design, construction, installation and use, or non-use, of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction.

The CONTRACTOR shall be responsible for all materials delivered to him for all parts of the work, including that which has been partially paid for, until final acceptance of the entire work, and shall be liable for all losses or damages thereto which may occur during the progress of construction and before final acceptance. The CONTRACTOR shall be required to make good at his own cost any loss, injury or damage which the said materials or work may sustain from any source or cause whatsoever before final acceptance thereof.

2.02. CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the OWNER, either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained.

2.03. CHARACTER OF WORKMEN. The CONTRACTOR agrees to employ only orderly and competent agents, skillful in the performance of the type of work required under this contract, to do the work; and agrees that whenever the OWNER shall inform him in writing that agent(s) on the work are, in CONTRACTOR’S opinion, incompetent, unfaithful or disorderly, such agent(s) shall be discharged from the work and shall not again be employed on the work without the Owner's written consent.

2.04. CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that the OWNER may make such changes and alterations as the OWNER may see fit, in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying Performance and Payment Bonds.

If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work. If the amount of work is increased, and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this contract. In case the OWNER shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the OWNER shall recompense the CONTRACTOR for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned.

3. GENERAL OBLIGATIONS AND RESPONSIBILITIES

3.01. RIGHT OF ENTRY. The OWNER reserves the right to enter the property or location on which the works herein contracted for are to be constructed or installed, by such agents or agents as he may elect, for the purpose of inspecting the work, or for the purpose of constructing or installing such collateral work as said OWNER may desire.

3.02. COLLATERAL CONTRACTS. The OWNER agrees to provide by separate contract or otherwise, all labor and material essential to the completion of the work specifically excluded from this contract, in such manner as not to delay the progress of the work, or damage said CONTRACTOR, except where such delays are specifically mentioned elsewhere in the Contract Documents.

3.03. DISCREPANCIES AND OMISSIONS. It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with the generally accepted practice, and in the event of any discrepancies between the separate contract documents, the priority of interpretation defined under "Contract Documents" shall govern. In the event that there is still any doubt as to the meaning and intent of any portion of the contract, specifications or drawings, the OWNER shall define which is intended to apply to the work.

3.04. EQUIPMENT, MATERIALS AND CONSTRUCTION PLANS. The CONTRACTOR shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction, and any all parts of the work, whether the CONTRACTOR has been paid, partially paid, or not paid for such work, until the entire work is completed and accepted.

3.05. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC. The

CONTRACTOR shall at all times exercise reasonable precautions for the safety of employees and other on or near the work and shall comply with all applicable provisions of federal, state and municipal safety laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America except where incompatible with federal, state, or municipal laws or regulations. The CONTRACTOR shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the CONTRACTOR, acting at his discretion as an independent contractor.

All permits for securing materials, storage space for materials, plant sites, material yards, camp sites, right to pass upon private property and all such other permits and licenses as he shall desire, or which are necessary for the proper execution of the work, must be secured by the CONTRACTOR at his expense.

3.06. PERFORMANCE AND PAYMENT BONDS. Unless otherwise specified, it is further agreed by the parties to this Contract that the CONTRACTOR will execute separate performance and payment bonds, each in the sum of one hundred (100) percent of the total contract price, in standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantees required, and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the contract, and it is agreed that this Contract shall not be in effect until such performance and payment bonds are furnished and approved by the OWNER. Unless otherwise approved in writing by the OWNER, the surety company underwriting the bonds shall be acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States. Unless otherwise specified, the cost of the premium for the performance and payment bonds shall be included in the CONTRACTOR'S proposal. A Performance Bond is required for projects $100,000 or greater and Payment Bonds are required for projects $50,000 or greater.

3.07. LOSSES FROM NATURAL CAUSES. Unless otherwise specified, all loss or damage to the

CONTRACTOR arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstances in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the CONTRACTOR at his own cost and expense.

3.08. PROTECTION OF ADJOINING PROPERTY. The said CONTRACTOR shall take proper means to protect the adjacent or adjoining property or properties in any…