City of Galveston

INVITATION TO BID

Bid Reference Number: 27-01

Project Title: Street Materials

Bid Closing Date: 2:00 P.M.(CST), Tuesday, October 13, 2026

No Bids submitted after the above deadline will be accepted.

KEY EVENTS SCHEDULE

PROJECT NAME: Street Materials

ISSUANCE OF ITB September 22, 2026

DEADLINE FOR QUESTIONS: 2 P.M., (CST); Thursday, October 1, 2026

All questions will be answered in the form of an addendum.

All questions related to this Bid are to be directed to the following link: (QUESTION LINK)

ADDENDA CHECKLIST: (BID WEBSITE LINK)

(IF APPLICABLE)

SUBMITTAL DEADLINE: 2:00 P.M., (CST); Tuesday, October 13, 2026

SUBMITAL REQUIRENMENT: Electronic submittals required.

(SUBMITTAL LINK)

*The file size limit for upload is 250 mb

CITY OF GALVESTON

COUNCIL AWARD: A final determination will be made at a future City of

Galveston Council meeting. City of Galveston reserves the right to reject any and all Bids and waive any and all formalities and conditions.

TERM OF SERVICE/PROJECT: An agreement shall be effective upon execution by the COG for one (1) year.

https://forms.galvestontx.gov/Forms/EBidQuestions?Solicitation_Title_1=Bid%2027-01%20Street%20Materials&Solicitation_Type=Bid&Solicitation_Number_1=Bid%2027-01 https://tx-galveston2.civicplus.com/Bids.aspx https://forms.galvestontx.gov/Forms/EBids?Solicitation_Title_1=Bid%2027-01%20Street%20Materials&Solicitation_Type=Bid&Solicitation_Number_1=Bid%2027-01

INVITATION TO BID

TABLE OF CONTENTS

SECTION 1: INTRODUCTION

SECTION 2: SCOPE OF WORK

SECTION 3: BID PRICING

SECTION 4: APPENDICES

SECTION 5: REFERENCES

SECTION 6: SUBMISSION OF BIDDERS

SECTION 7: PROPOSED SAMPLE AGREEMENT

SECTION 1

INTRODUCTION

1.1 Description of City of Galveston

The City of Galveston (“COG”) is an island community with 32-miles of coastline and historic architecture that more than 50,000 residents call home. We are home to a port, a major medical complex, and two universities. COG employs more than 800 people to provide essential services to our residents.

COG located in Texas is a home rule city, and is governed through a council-manager form of government.

COG’s web page is located at https://www.galvestontx.gov

1.2 Objective of this Invitation to Bid

The City of Galveston (“COG”) is soliciting bids in response to this Invitation to Bid, ITB 27-01 (this “ITB”), from qualified vendors to provide Street Materials (the “Services”). The Services are more specifically described in Section 2 (Scope of Work) of this ITB.

COG reserves the right to award multiple Agreements as a result of this ITB if deemed in the best interest of COG. COG makes no representations of any kind that an award will be made as a result of this ITB.

COG is soliciting competitive sealed submissions from vendors having suitable qualifications and experience providing services in accordance with the terms, conditions and requirements set forth in this ITB. This ITB provides sufficient information for interested parties to prepare and provide submissions for consideration by COG.

1.3 Public Information

Bidder is hereby notified that COG strictly adheres to all statutes, court decisions and the opinions of the Texas Attorney General with respect to disclosure of public information.

COG strictly adheres to the Texas Public Information Act (Texas Government Code Chapter 552.001, et seq.) and all other governing statutes, regulations, and laws regarding the disclosure of ITB information.

Bid Documents are not available for public inspection until after the Agreement award. If the Bidder has notified COG, in writing, that the bid Document contains trade secrets or confidential information, COG will generally take reasonable steps to prevent disclosure of such information, in accordance with the Public Information Act. This is a statement of general policy only, and in no event shall COG be liable for disclosure of such information by COG in response to a request, regardless of COG’s failure to take any such reasonable steps, even if COG is negligent in failing to do so.

The requirements of Subchapter J, Chapter 552, Government Code, may apply to this solicitation and the company or vendor agrees that the agreement can be terminated if the company or vendor knowingly or intentionally fails to comply with a requirement of that chapter. Vendor or company acknowledges that the solicitation is part of any resulting agreement of the solicitation.

1.4 Type of Agreement

All Bidders are hereby put on notice that if the Bidder is awarded an agreement for procurement of goods or services, COG is entering into that agreement in its governmental capacity, and not a proprietary capacity.

https://www.galvestontx.gov/

An award of an agreement to a bidder(s) does not guarantee the bidders(s) that COG shall issue any Purchase Order(s) for the Bidder’s goods or services, or guarantee any particular volume use, number, or sales.

Bidder will be required to enter into an agreement with COG in a form substantially similar to the Proposed Sample Agreement between COG and Bidder (the “Agreement”) attached to this ITB in Section 7 and incorporated for all purposes.

Bidders should be aware that the contents of the successful bid will become a part of the subsequent contractual documents. Failure of the Bidder to accept this obligation may result in the cancellation of any award.

By submitting a bid, Bidder further warrants and represents that he/she has become fully acquainted with the conditions, facts, and circumstances relating to providing the services/products required under this ITB. The failure or omission of Bidder to acquaint himself/herself with existing conditions, facts, and circumstances, shall in no way relieve him/her of any obligation with respect to his/her bid and any ensuing agreement.

Each Bidder acknowledges that COG has made a reasonable attempt to provide the Bidder with relevant data. The Bidder, therefore, waives any right of voidance of the agreement based upon any expressed or implied warranty or representation that the pricing or activity data provided discloses all requirements, risks or exposures known to exist in the provision of the services being requested.

1.5 Clarifications and Interpretations

Bidders shall promptly notify the COG of any omissions, ambiguity, inconsistency or error that they may discover upon examination of this ITB. COG shall not be responsible or liable for any errors and/or misrepresentation that result from the solicitations which are inadvertently incomplete, ambiguous, inconsistent or obviously erroneous.

COG may, in its sole discretion, respond in writing to written inquiries concerning this ITB. Only COG’s responses that are made by formal written Addenda will be binding on COG. Any verbal responses, written interpretations or clarifications other than Addenda to this ITB will be without legal effect. All Addenda issued by COG prior to the Submittal Deadline will be and are hereby incorporated as a part of this ITB for all purposes.

Bidders are required to acknowledge receipt of each Addendum as specified in this Section. The Bidder must acknowledge all Addenda by completing, signing and returning the Addenda Checklist. The Addenda Checklist must accompany the Bidder’s bid.

Responses to inquiries which directly affect interpretation or effect a change to this ITB will be issued in writing by addendum and posted to COG website. All such addenda issued by COG prior to the submittal deadline shall be considered part of the ITB. COG shall not be bound by any reply to an inquiry unless such reply is made by such formal written addendum.

1.6 Bid Evaluation Process

An award of an agreement to provide the goods or services specified herein will be made using competitive sealed bids, in accordance with Chapter 252 of the Texas Local Government Code and with the COG’s purchasing policy. All bids submitted by the Submittal Deadline, accompanied by the number of completed and signed originals that are required by this ITB, will be opened publicly. Any bids that are not submitted by the Submittal Date, or that are not accompanied by the number of completed and signed originals by this ITB, will be rejected by COG as non-responsive due to material failure to comply with advertised specifications.

If the Bid Document is incomplete or otherwise fails to conform to the requirements of the ITB, COG alone will determine whether the variance is so significant as to render the Bid non-responsive.

Discussions may not be initiated by bidders. These discussions will be limited to issues and topics brought forth by the COG. Any attempt by bidder at deviating from the issues and topics to discuss other issues and topics concerning the Bid brought forth by the COG shall be grounds for disqualification. Bidders shall not contact any COG personnel during the bid process without the express permission from the COG’s Purchasing Manager.

A variety of factors may be used in the evaluation of the submitted Bids for this project. The anticipated evaluation factors and emphasis placed on each factor may be identified in the Scope of Services.

COG reserves the right to determine which Bid provides COG with the best value and which will be in COG’s best interest. COG Council shall be sole judge in determining award. Per Texas Local Government Code § 252.043(b):

i. the purchase price;

ii. the reputation of the bidder’s goods or services;

iii. the quality of the bidder’s goods or services;

iv. the extent to which the goods or services meet the municipality’s needs;

v. the bidder’s past relationship with the municipality;

vi. the impact on the ability of the municipality to comply with laws and rules relating to contracting with historically underutilized businesses (HUB) and non-profit organizations employing persons with disabilities;

vii. the total long-term cost to the municipality to acquire the bidder’s goods or services; and

viii. any relevant criteria specifically listed in the Invitation to Bid or proposals.

All correspondence relating to this bid, from advertisement to award, shall be sent to the COG’s Purchasing Division. All presentations and/or meetings between COG and the bidder relating to this bid shall be coordinated by COG Purchasing Division. COG reserves the right to determine which bid provides COG with the best value and which will be in the COG’s best interest.

COG reserves the right to (a) enter into an agreement for all or any portion of the requirements and specifications set forth in this ITB with one or more Bidders, (b) reject any and all bids and re-solicit bids, or (c) reject any and all bids and temporarily or permanently abandon this selection process, if deemed to be in the best interests of COG. Bidder is hereby notified that COG will maintain in its files concerning this ITB a written record of the basis upon which a selection, if any, is made by COG.

1.7 COG’s Reservation of Rights

COG makes no representations, written or oral, that it will enter into any form of agreement with any respondent to this ITB for any project, service and/or good and no such representation is intended or should be construed by the issuance of this ITB. Acceptance of a bid for consideration does not waive this reservation of rights, nor does it imply any obligation by COG.

COG reserves the right to award one agreement for some or all the requirements proposed or award multiple agreements for various portions of the requirements to different Bidders.

1.8 System for Award Management (SAM.GOV)

All bidders contracting with COG may be required to register, or have an active registration with the System for Award Management (SAM.gov). Registration is free. The System for Award Management (SAM) is the official registration required prior to bidding on a contract with any federal government agency, including local governments who receive federal funds. Registration must be completed prior to contract award by COG Council. Registering online is accomplished on the SAM website here:

https://sam.gov/content/home

1.9 No Reimbursement for Costs

Bidder acknowledges and accepts that any costs incurred from the Bidder’s participation in this ITB shall be at the sole risk and responsibility of the Bidder. Bidder understands and agrees that (1) this ITB is a solicitation for bids and COG has made no representation written or oral that one or more agreements with COG will be awarded under this ITB; (2) COG issues this ITB predicated on COG’s anticipated requirements for the Services and/or goods, and COG has made no representation, written or oral, that any particular scope of services will actually be required by COG; and (3) Bidder will bear, as its sole risk and responsibility, any cost that arises from bidder’s preparation of a bid in response to this ITB.

1.10 ITB Withdrawals and/or Amendments

COG reserves the right to withdraw this ITB for any reason. COG reserves the right to amend any aspect of this ITB by formal written Addendum prior to the Bid submittal deadline.

1.11 Tax Exempt Status

COG purchases are exempt from State Sales Tax and Federal Excise Tax. Do not include tax in the bid.

COG will furnish Excise Tax Exemption Certificate upon request.

1.12 Compliance with House Bills 13, 19, 89 and Texas Government Code Chapter 2252, Section 2252.152.

COG Requires bidder to verify that they are in-compliance with House Bills and Texas Government Codes. Refer to Section 5 for these documents

1.13 Bid Validity Period

Once the submittal deadline has passed, any bid Document shall constitute an irrevocable bid to provide the goods and/or services set forth in the Scope of Services at the price(s) shown in the Bid Document.

Such bid shall be irrevocable until the earlier of the expiration of ninety (90) days from the submittal deadline, or until an agreement has been awarded by the COG.

1.14 Equal Opportunity Employer

COG is an equal opportunity employer and does not discriminate in awarding agreements or employment of persons because of their race, sex, age, religion, national origin, veteran, disabled or handicap status or any other characteristic protected by law. COG requires companies with which it conducts business to be equal opportunity employers and comply with all applicable federal, state and municipal laws and regulations regarding contracting and employment practices.

1.15 Conflict of Interest Questionnaire (Form CIQ)

A person or business, and their agents, who seek to contract or enter into an agreement with COG, are required by Texas Local Government Code, Chapter 176, to file a conflict of interest questionnaire (FORM CIQ) which is found in Section 5. The form must be filed with the COG Secretary no later than seven (7) days after the date the person or business begins agreement discussions or negotiations with COG, or submits an application, response to a request for Bids or bids, correspondence, or other writing related to any potential agreement with COG. If no conflict exists the bidder must mark the form Not Applicable or NA and return with the bid packet.

1.16 Disclosure of Interested Parties Form 1295

https://sam.gov/content/home

A person or business, who enters into an agreement with COG, meeting the conditions according to Texas Local Government Code Sec. 2252.908, is required to file Form 1295 with Texas Ethics Commission. This form is not required unless there is an agreement between the bidder and the COG. Do not submit this form unless you receive an award letter from COG.

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

1.17 Protest Procedure

Any actual or prospective bidder who is allegedly connected with the solicitation or award of an offer may protest. The protest will be submitted in writing to the COG’s Purchasing Division within three working days after such aggrieved person knows of, or should have known of the facts giving rise thereto. If the protest is not resolved by mutual agreement, the Purchasing Division will promptly issue a decision in writing, via electronic mail, to the protesting person.

ix. All protest lodged by potential or actual bidders, contractors or proposers must be made in writing, via electronic mail, and contain the following information:

a. Name, address and telephone number of the protestor.

b. Identification of the solicitation or agreement number and time.

c. A detailed statement of the protest’s legal and factual grounds, including copies of relevant documents.

d. Identification of the issue(s) to be resolved and statement of what relief is requested.

e. Arguments and authorities in support of the protest.

f. A statement that copies of the protest have been delivered, via electronic mail, to all interested parties in the invitation to bid or request for proposals process.

x. In the case of request for proposals, the COG Purchasing Manager shall ask the protester deliver, via electronic mail, the protest to relevant parties.

xi. The COG’s City Manager has the authority to render the final determination regarding the protest. Any determination rendered by the COG’s City Manager will be final.

1.18 Pursuant to Sec. 2-341 of the COG Code – Declaration of Policy

A. It is the policy of COG to stimulate growth of local minority and women-owned business enterprise (M/WBE) by encouraging their participation in all phases of its contract and procurement activity and by affording them the opportunity to compete for all COG contracts. The purpose and objectives of this article are to:

i. Increase the capacity of local M/WBE’s to provide products and services.

ii. Increase the opportunities for local M/WBE’s to expand their business with COG and other public and private sector business entities.

B. Provided, however, nothing herein shall require COG to award contracts for services or procurements to a M/WBE which is not also the lowest responsive and responsible Bidder and otherwise qualified unless COG may otherwise lawfully award the contract to someone other than the lowest responsive, responsible Bidder.

C. Additionally, COG has a Disadvantaged Business Enterprise, (DBE) program mandated by the US

Department of Transportation, which is part of its M/WBE program.

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

SECTION 2

Scope of Work

2.1 Project Title: Street Materials

2.2 Special Conditions (Bonds, Federal Clauses, etc..)

This Solicitation contains federal Clauses, which must be acknowledged by the vendor and will be considered as part of the contract.

2.3 Brand Manufacture Reference

COG has determined that any manufacturer’s brand defined in the Scope of Services meets the COG’s product and support need. The manufacturer’s reference is not intended to be restrictive, and is only descriptive of the type and quality COG desires to purchase. Quotes for similar manufactured products of like quality will be considered if the Bid is fully noted with the manufacturer’s brand name and model.

COG reserves the right to determine products and support of equal value, and whether other brands or models meet the COG’s product and support needs.

2.4 Scope of Work – Requirements

The City of Galveston is requesting bids for Street Materials. The following bid sheet is a full and complete list of all items that COG purchases annually.

CITY OF GALVESTON, TEXAS

Bid 27-01

STREET MATERIALS REQUEST FOR BID PUBLIC

INFRASTRUCTURE DEPARTMENT

DESCRIPTION PER TON - FOB GALVESTON PER TON - FOB PLANT

1 HOT-MIX, COLD-LAID ASPHALTIC

CONCRETE

MATERIAL (CLASS A, TYPE D, ITEM #334)

DESCRIPTION PER TON - FOB GALVESTON PER TON - FOB PLANT

2 HOT MIX ASPHALTIC CONCRETE MATERIAL

(CLASS A, TYPE D, ITEM #340)

3 HOT MIX ASPHALTIC CONCRETE MATERIAL

(CLASS A, TYPE D 64-22 SAC B -R)

(CLASS A, TYPE D 70-22 SAC B -R)

DESCRIPTION PER GALLON - FOB GALVESTON PER GALLON - FOB PLANT

5 CONCRETE BID GALV PER CUBIC YARD

3500 PSI 5/8 GRAVEL (A)

3000 F 1.5" GRAVEL

3000 F 5/8" GRAVEL

3000 F 1" GRAVEL

SACK 5/8" GRAVEL

CONTROLLED LOW_STRENGTH MATERIAL

480psi

A. LIMESTONE: GRADE

GRA

DE

7 BASE #247 - Grade 1 (PRICE PER TON) FOB GALVESTON (PRICE PER TON) FOB PLANT

100 TO 500 TONS

501 TO 1,000 TONS

1,001 TO 1,500 TONS

DESCRIPTION

A. LIMESTONE: GRADE

GRA

DE

8 BASE #247 - Grade 2 (PRICE PER TON) FOB GALVESTON (PRICE PER TON) FOB PLANT

100 TO 500 TONS

501 TO 1,000 TONS

1,001 TO 1,500 TONS

DESCRIPTION

CRUSHED CONCRETE BASE #247 - Grade 1

GRADE

GRA

DE

(PRICE PER TON) FOB GALVESTON (PRICE PER TON) FOB PLANT

100 TO 500 TONS

501 TO 1,000 TONS

1,001 TO 1,500 TONS

CRUSHED CONCRETE BASE #247 - Grade 2

GRADE 2

GRADE 2

100 TO 500 TONS

501 TO 1,000 TONS

1,001 TO 1,500 TONS

11 SHARP SAND (PRICE PER TON)

12 SACK CEMENT

REDIX MIX: 80LB BAG

PORTLAND: 90LB BAG

CITY OF GALVESTON, TEXAS

Bid 27-01

STREET MATERIALS REQUEST FOR BID PUBLIC

INFRASTRUCTURE DEPARTMENT

DESCRIPTION

13 CEMENT STABILIZED PRICE PER TON

LIMESTONE: 7% MIX

3/8" WASHED RIVER ROCK

SAND: 1.5 SACK MIX

(DELIVERED)

DESCRIPTION

14 BLACK BASE MATERIAL CONFORMING TO

TXDOT SPECIFICATION ITEM #292

ASPHALT TREATMENT PLANT MIXED BASE

BLACK BASE MATERIAL (PRICE PER

TON) FOB GALVESTON

BLACK BASE MATERIAL (PRICE PER TON) FOB

PLANT

15 AGGREGATE (PRICE PER TON) FOB GALVESTON (PRICE PER TON) FOB PLANT

BASALT ROCK TYPE 5 B-GS

3/8" RIVER ROCKS WASHED

3/8" PEA GRAVEL

16 Select Backfill in accordance with the Unified Soil Classification Symbols as defined in ASTM D 2487:

Class III clayey gravel or sand with a Plasticity Index greater than 7, and between 12 and 50% passing the No. 200 sieve.

17 REINFORCED CONCRETE PIPE (PRICE PER FOOT) FOB GALVESTON (PRICE PER FOOT) FOB PLANT

12" RCP - 6-FEET LONG T&G

12" RCP - 8-FEET LONG T&G

15" RCP - 6-FEET LONG T&G

15" RCP - 8-FEET LONG T&G

18" RCP - 6-FEET LONG T&G

18" RCP - 8-FEET LONG T&G

24" RCP - 6-FEET LONG T&G

24" RCP - 8-FEET LONG T&G

32" RCP - 6-FEET LONG T&G

32" RCP - 8-FEET LONG T&G

36" RCP - 6-FEET LONG T&G

36" RCP - 8-FEET LONG T&G

PRE-CAST BRIDGE BLOCK (These are precast square culverts that need to be traffic rated reinforced concrete tongue and groove)

(PRICE PER FOOT) FOB GALVESTON

(PRICE PER FOOT) FOB PLANT

22" X 7" - 4' BOX T&G

22" X 7" - 6' BOX T&G

22" X 7" - 8' BOX T&G

19 PREFORMED GASKET SEALANT (PRICE PER EACH) FOB GALVESTON (PRICE PER EACH) FOB PLANT 1" X 2'-5"

1-1/2" X 3'-5"

1-3/4" X 3'-5"

20 LUMBER (PRICE PER EACH) FOB GALVESTON (PRICE PER EACH) FOB PLANT

2 X 4 - 12FT YP #2

2 X 4 - 12FT GROUND CONTACT PT YP #2

2 X 6 - 12FT YP #2

2 X 6 - 12FT GROUND CONTACT PT YP #2

2 X 8 - 12FT GROUND CONTACT PT YP #2

SECTION 3

BID PRICING

Bid of: ___________________________________ (Bidder Company Name)

To: City of Galveston

Ref.: Street Materials

ITB No#: 27-01

Ladies and Gentlemen:

Having carefully examined all the specifications and requirements of this ITB and any attachments thereto, the undersigned proposes to furnish the “Services” required pursuant to the above-referenced ITB upon the terms quoted below.

3.1 Bid Pricing for Services Offered

3.1.1 See below COG Pricing Bid (Ref. 3.5). It must be filled out completely and returned with this Pricing Bid.

3.1.2 An Agreement shall be effective upon execution by the COG for One (1) year.

3.1.3 Pricing Shall be firm for 1 year.

3.2 COG’s Payment Terms

COG’s standard payment terms for services are “Net 30 days.”

begins in October and ends the following September. (example: FY 2027 October 1, 2026 – September 30, 2027).

Should market conditions prevail which dictate an increase, the successful contractor may submit documentation requesting permission to increase pricing no later than 30 days after receiving notice from the City of its intent to extend the agreement.

3.4 Cooperative Governmental Purchasing Notice

Other governmental entities maintaining inter-local agreements with COG, may desire, but are not obligated, to purchase goods and services defined in this RFP from the successful Proposer. All purchases by governmental entities, other than COG, will be billed directly to and paid by that governmental entity. COG will not be responsible for another governmental entity’s debts. Each governmental entity will place their own orders with the successful Proposer and be responsible for ensuring full compliance with the RFP specifications. Prior to other governmental entities placing orders, COG will notify the successful Proposer of their intent.

Please indicate below if you will permit other governmental entities to purchase from your agreement with

COG.

[ ] Yes, Others can purchase [ ] No, Only the COG can purchase.

Respectfully submitted, Bidder: ____________________________

By: ___________________________ (Authorized Signature for Bidder)

Name: _________________________

Title: __________________________

Date: _____________________

SECTION 4

Appendices

Appendix A – Bid Document Appendix B – Conflict of Interest Appendix C – House Bills 13, 19, 89 Appendix D – Property Tax Statement Appendix E – Nepotism Statement Appendix F – Non-Collusion Statement Appendix G – Certification Regarding Debarment Appendix H – ACH Form Appendix I– Federal Clauses

Appendix A – Bid Document

Submittal Checklist: (To determine validity of Bid) ______Appendix A must be included in the submittal.

______Appendix B – G all forms must be complete and included in the submittal.

By checking the below box(es), you are acknowledging the contents of the document(s) relating to the listed appendices, and agreeing to their terms:

Appendix B – Conflict of Interest Appendix E – Nepotism Statement

Appendix C – House Bill 13, 19, 89 Verification

Appendix F – Non-Collusion Statement

Appendix D – Property Tax Statement

Appendix G – Certification Regarding Debarment

All Bids delivered to the City of Galveston shall include this page with the submittal.

ITB Number: 27-01 Project Title: Street Materials Submittal Deadline: 2:00pm on Tuesday, October 13, 2026

Bidder Information:

Bidder’s Legal Name:

Address:

City, State & Zip

Federal Employers Identification Number

Phone Number:

Fax Number:

E-Mail Address:

Bidder Authorization

I, the undersigned, have the authority to execute this Bid in its entirety as submitted and enter into an agreement on behalf of the Bidder.

Printed Name and Position of Authorized Representative: ________________________________________

Signature of Authorized Representative: ____________________________________________

Signed this __________(day) of _________________________(month),________(year)

Appendix B – Form CIQ

INFORMATION REGARDING VENDOR CONFLICT OF INTEREST QUESTIONNAIRE

WHO: The following persons must file a Conflict of Interest Questionnaire with the City if the person has an employment or business relationship with an officer of the City that results in taxable income exceeding $2,500 during the preceding twelve – month period, or an officer or a member of the officer’s family has accepted gifts with an aggregate value of more than $250 during the previous twelve – month period and the person engages in any of the following actions:

1. contracts or seeks to contract for the sale or purchase of property, goods or services with the City, including any of the following:

a. written and implied contracts, utility purchases, purchase orders, credit card purchases and any purchase of goods and services by the City;

b. contracts for the purchase or sale of real property, personal property including an auction of property;

c. tax abatement and economic development agreements;

2. submits a bid to sell goods or services, or responds to a request for bid for services;

3. enters into negotiations with the City for a contract; or

4. applies for a tax abatement and/or economic development incentive that will result in a contract with the City

THE FOLLOWING ARE CONSIDERED OFFICERS OF THE CITY:

1. Mayor and City Council Members;

2. City Manager;

3. Board and Commission members and appointed members by the Mayor and City Council;

4. Directors of 4A and 4B development corporations;

5. The executive directors or managers of 4A and 4B development corporations; and

6. Directors of the City of Galveston who have authority to sign contracts on behalf of the City.

EXCLUSIONS: A questionnaire statement need not be filed if the money paid to a local government official was a political contribution, a gift to a member of the officer’s family from a family member; a contract or purchase of less than $2,500 or a transaction at a price and subject to terms available to the public; a payment for food, lodging, transportation or entertainment; or a transaction subject to rate or fee regulation by a governmental entity or agency.

WHAT: A person or business that contracts with the City or who seeks to contract with the City must file a “Conflict of Interest Questionnaire” (FORM CIQ) which is available online at www.ethics.state.tx.us and a copy of which is attached to this guideline. The form contains mandatory disclosures regarding “employment or business relationships” with a municipal officer. Officials may be asked to clarify or interpret various portions of the questionnaire.

WHEN: The person or business must file:

1. the questionnaire – no later than seven days after the date the person or business begins contract discussions or negotiations with the municipality, or submits an application, responds to a request for proposals or bids, correspondence, or other writing related to a potential contract or agreement with the City; and

2. an updated questionnaire – within seven days after the date of an event that would make a filed questionnaire incomplete or inaccurate.

It does not matter if the submittal of a bid or proposal results in a contract. The statute requires a vendor to file a FORM CIQ at the time a bid or proposal is submitted or negotiations commence.

WHERE: The vendor or potential vendor must mail or deliver a completed questionnaire to the Finance Department.

The Finance Department is required by law to post the statements on the City’s website.

ENFORCEMENT: Failure to file a questionnaire is a Class C misdemeanor punishable by a fine not to exceed $500. It is an exception to prosecution that the person files a FORM CIQ not later than seven business days after the person received notice of a violation.

NOTE: The City does not have a duty to ensure that a person files a Conflict of Interest Questionnaire.

THIS DOCUMENT MUST BE COMPLETED AND SUBMITTED AS IT IS A PART OF THE

SOLICITATION PACKAGE AS MENTIONED IN SECTION 6 OF THE BID.

CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ

For vendor or other person doing business with local governmental entity

This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session.

This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the person 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 person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code.

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

OFFICE

USE

ONLY

Date Received

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

2. 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 the originally filed questionnaire becomes incomplete or inaccurate.)

3. Name of local government officer with whom filer has employment or business relationship.

Name of Officer

This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.

A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire?

Yes No

B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity?

Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more?

Yes No

D. Describe each employment or business relationship with the local government officer named in this section.

4.

Signature of person doing business with the governmental entity Date Adopted 06-29-2007

Appendix C - House Bills 13, 19 & 89 Verification

Pursuant to Senate Bill 13 of the 87th regular Texas Legislature session:

Verification Regarding Boycotting Energy Companies – Pursuant to Chapter 2274, Texas Government Code, Contractor verifies (1) it does not boycott energy companies, and (2) it will not boycott energy companies during the term of this Agreement. Contractor acknowledges this Agreement may be terminated and payment withheld if this verification is inaccurate. (Note: This provision only applies in a contract that (1) has a value of $100,000 or more that is to be paid wholly or partly from public funds and (2) is with a for-profit entity, not including a sole proprietorship, that has ten (10) or more full-time employees.)

Pursuant to Senate Bill 19 of the 87th regular Texas Legislature session:

Discrimination Against Firearm Entities – In accordance with Texas Government Code Chapter 2274, Contractor verifies that it 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. This section only applies if: (i) Contractor has ten (10) or more full-time employees and (ii) this Agreement has a value of $100,000 or more to be paid under the terms of this Agreement; and does not apply: (i) if Contractor is a sole proprietor, a non-profit entity, or a governmental entity; (ii) to a contract with a sole-source provider; or (iii) to a contract for which none of the bids from a company were able to provide the required certification.

Pursuant to Sections 2270.001, 2270.002, 808.001, Texas Government Code:

1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and

2. “Company” has the meaning assigned by Section 808.001, except that the term does not include a sole proprietorship.

3. Section only applies to a contract that is between a governmental entity and a company with 10 or more full-time employees; and has a value of $100,000 or more that is to be paid wholly or partly from pubic funds of the governmental entity.

I, ______________________________________ (Person name), the undersigned representative of (Company or

Business Name) _______________________________________________________ (hereinafter referred to as Company) being an adult over the age of eighteen (18) years of age, do hereby depose and verify under oath that the company named-above, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270; depose and verify under oath that the Company, under the provisions of Subtitle A, Title 8, Government Code, is amended by adding Chapter 809; do hereby depose and verify under oath that the Company, under the provisions of Subtitle F, Title 10, Government Code, is amended by adding Chapter 2274 will not discriminate and/or boycott any of these provisions outlined and defined in House Bills 13, 19 and 89.

DATE SIGNATURE OF COMPANY REPRESENTATIVE

THIS DOCUMENT MUST BE COMPLETED AND SUBMITTED AS IT IS A PART OF THE SOLICITATION PACKAGE AS MENTIONED IN SECTION 6 OF THE Bid.

Appendix D – Property Tax Statement

FAILURE TO COMPLETE THIS ATTACHMENT SHALL RESULT IN THE PURCHASING SUPERVISOR

DEEMING YOUR BID OR PROPOSAL

“NON-RESPONSIVE.”

The City of Galveston, Texas has adopted the following policy:

The City of Galveston will not do business with any person or business that owes delinquent property taxes to the City.

Please indicate whether you or your company, owe delinquent property taxes to the City whether an assumed name, partnership, corporation, or any other legal form.

______ I do not owe the City property taxes that are delinquent.

______ I owe City property taxes that are delinquent on property located at

Bidder’s Printed or Typed Name

Bidder’s Signature

Date

THIS DOCUMENT MUST BE COMPLETED, SIGNED, AND SUBMITTED AS IT IS A PART OF THE

Appendix E – Nepotism Statement

FAILURE TO COMPLETE THIS ATTACHMENT SHALL RESULT IN THE PURCHASING SUPERVISOR

DEEMING YOUR BID OR PROPOSAL

“NON-RESPONSIVE.”

The Bidder or Proposer or any officer, if the Bidder or Proposer is other than an individual, shall state whether Bidder or Proposer has a relationship, either by blood or marriage, with any official or employee of the City of Galveston by completing the following:

If the Proposer or Bidder is an individual:

______ I am not related by blood or marriage to any official or employee of the

City of Galveston

______ I am related by blood or marriage to the following official(s) or employee(s) of the City of Galveston

Name and title of City Official

Or employee: ___________________________________________________

Relationship: ____________________________________________________

If the Bidder or Proposer is NOT an individual:

______ The officers of the company submitting this bid or proposal are not related by blood or marriage to any official or employee of the City of Galveston.

______ The officers of the company submitting this bid or proposal are related by blood or marriage to the following official(s) or employee(s) of the City of Galveston.

Name and title of officer: ___________________________________________________

Employee and title of City Official or Employee: ________________________________

Relationship: _________________________________

THIS DOCUMENT MUST BE COMPLETED AND SUBMITTED AS IT IS A PART OF THE

Appendix F – Non-Collusion Statement

THE UNDERSIGNED AFFIRM THAT THEY ARE DULY AUTHORIZED TO EXECUTE THIS CONTRACT,

THAT THIS COMPANY, FIRM, PARTNERSHIP OR INDIVIDUAL HAS NOT PREPARED THIS BID IN

COLLUSION WITH ANY OTHER BIDDER, AND THAT THE CONTENTS OF THIS BID AS TO PRICES,

TERMS OR CONDITIONS OF SAID BID HAVE NOT BEEN COMMUNICATED BY THE UNDERSIGNED

NOR BY ANY EMPLOYEE OR AGENT TO ANY OTHER PERSON ENGAGED IN THIS TYPE OF

BUSINESS PRIOR TO THE OFFICIAL OPENING OF THIS BID.

BIDDER__________________________________________________________________

ADDRESS___________________________________________________________________

PHONE _____________________________________________________________________

FAX ________________________________________________________________________

BIDDER (SIGNATURE)

BIDDER (PRINTED NAME)

POSITION WITH COMPANY

SIGNATURE OF COMPANY OFFICIAL

AUTHORIZING THIS BID

COMPANY OFFICIAL

(PRINTED NAME) _____________________________________________________________

OFFICIAL POSITION __________________________________________________________

Appendix G – Document 00435

The City of Galveston, Texas

BIDDER’S CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY

EXCLUSION (49 CFR PART 29)

The undersigned certifies, by submission of this bid or acceptance of this contract, that neither Contractor nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded from participation in this transaction by any Federal department or agency. Bidder agrees that by submitting this bid that Bidder will include this clause without modification in all lower tier transactions, solicitations, bids, contracts, and subcontracts. Where the Bidder or any lower tier participant is unable to certify to this statement, that participant shall attach an explanation to this document.

Certification-the above information is true and complete to the best of my knowledge and belief.

(Printed or typed Name of Signatory)

(Signature)

(Date)

NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001

END OF DOCUMENT 00435-FAA

Appendix H – ACH Form

The City of Galveston would like to thank you for the services you and your company have provided for us in the past, present, and in the future. For those services provided you have more than likely received payments via a paper check in the mail. As we all know, that process is slow, inefficient, and costly for us and for you as the recipient.

Mail can be delayed, lost, or even stolen causing payments to be late and we may then face penalties and late fees. The City of Galveston would like to streamline our payment process with electronic payments. These payments will be transferred electronically from our financial institute to your financial institute. The process will get your payments to you in a quicker, more reliable, and more efficient manner.

If you would like to sign up to start receiving all of your payments via ACH / Wire Transfers, please fill out the authorization forms and return to the City of Galveston Finance Department.

Please email to:

accountspayable@galvestontx.gov

Or mail to:

City of Galveston Finance Department P.O. Box 779 Galveston, TX 77553

If you have any questions or concerns, please do not hesitate to call Accounts Payable at 409.797.3569.

Please put the Purchase Order Number on your invoices to ensure prompt payment. Again, we appreciate you and the services your business provide for the City of Galveston.

Sincerely, Csilla Ludanyi Finance Director mailto:accountspayable@galvestontx.gov

ACH Payment Agreement Form

Authorization Agreement

I hereby authorize the City of Galveston to initiate ACH deposits to my account at the financial institution named below.

Further, I agree not to hold the City of Galveston responsible for any delay or loss of funds due to incorrect or incomplete information supplied by me or by my financial institution, or due to an error on the part of my financial institution in depositing funds to my account.

This agreement will remain in effect until the City of Galveston receives a written notice of cancellation from me or my financial institution, or until I submit a new ACH Payment Agreement Form to the City of Galveston Finance Department.

Account Information

Name of Financial Institution: _________________________________________________________

Financial Institute Address: _________________________________________________________

Routing Number: _________________________________________________________

Account Number: _________________________________________________________

SWIFT Code: (if applicable) _________________________________________________________

Executed agreement must include a confirmation of the banking information from an Authorized Bank Official on bank letterhead with the Authorized Bank Official’s business card.

Signature

Company Name:

Authorized Signature:

Printed Name:

Title:

Contact Phone Number:

Date:

FOR CITY USE ONLY:

Verified by: Date Verified: ____________________________

RETURN THIS FORM ONLY UPON AWARD.

APPENDIX I – FEDERAL CLAUSES

The following, federally mandated, clauses require acknowledgement of the offeror and are considered part of the contract between the City of Galveston and the awarded vendor. Any offeror that does not acknowledge the clauses below shall be considered non-responsive and will not be considered for award.

Clauses required for all contracts which are funded or partially funded by federal awards.

1. Legal / Contractual / Administrative remedies for breach of contract are included in the base contract.

2. Termination for Cause and Convenience are included in the base contract.

3. Davis – Bacon Act: When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

The contracts must also include a provision for compliance with the Copeland “Anti- Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”).

The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency.

N/A to FEMA Public Assistance Grants

4. Copeland Anti-Kickback Act: Contractor.

The Contractor shall comply with 18 U.S.C.

§ 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this contract. Subcontracts.

The Contractor or Subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all these contract clauses. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.” N/A to FEMA Public Assistance Grants

5. Contract Work Hours and Safety Act:

Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. Withholding for unpaid wages and liquidated damages – The Owner shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. Subcontracts - Contractor or subcontractor shall insert in any ubcontracts the clauses set forth in paragraphs (1) hrough (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.

6. Rights to Inventions made under a Contract or Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, evelopmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

7. Clean Air and Federal Water Pollution Control Act: Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42…