ESBD_509176_1776865920887_RFP 2026-009 Comprehensive Energy Consultant.pdf

Request for Proposals

RFP No. 2026-009 Comprehensive Energy Consultant Services

Issue Date: April 22, 2026

Closing Date & Time: May 13, 2026, at 2:00 p.m.

Opening Date & Time: May 13, 2026, at 2:01 p.m.

ONLY ELECTRONIC PROPOSALS WILL BE RECEIVED

Texas Bid System Site: https://www.bidnetdirect.com//city-of-pflugerville

Point of Contact: Emily McGraw, Procurement Specialist, emilym@pflugervilletx.gov RFP Opening Location: Microsoft Teams Meeting – VIRTUAL ONLY

Microsoft Teams meeting

Join: https://teams.microsoft.com/meet/23595765432973?p=9imzmgbFlcTbZEbfoE Meeting ID: 235 957 654 329 73

Passcode: Gu6ZT7eH

Need help? | System reference Dial in by phone

+1 512-387-8593,,850378822# United States, Austin Find a local number

Phone conference ID: 850 378 822# For organizers: Meeting options | Reset dial-in PIN

Purchasing Services Post Office Box 589 Pflugerville, TX 78691

Telephone 512-990-6156 www.pflugervilletx.gov https://www.bidnetdirect.com/city-of-pflugerville https://teams.microsoft.com/meet/23595765432973?p=9imzmgbFlcTbZEbfoE https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_MmU3ODI4MzItNjY4ZC00Y2VmLWFiODMtZjRmYTA1YzQwOWI1%40thread.v2/0?context=%7b%22Tid%22%3a%22d002abd1-60d1-496e-89e3-bb0535ba7f03%22%2c%22Oid%22%3a%22cea83745-80d2-4d5e-9e6e-0fc1590c66a8%22%7d tel:+15123878593,,850378822 https://dialin.teams.microsoft.com/f6050461-9d09-4afa-ae05-c735363d2517?id=850378822 https://teams.microsoft.com/meetingOptions/?organizerId=cea83745-80d2-4d5e-9e6e-0fc1590c66a8&tenantId=d002abd1-60d1-496e-89e3-bb0535ba7f03&threadId=19_meeting_MmU3ODI4MzItNjY4ZC00Y2VmLWFiODMtZjRmYTA1YzQwOWI1@thread.v2&messageId=0&language=en-US https://dialin.teams.microsoft.com/usp/pstnconferencing

TABLE OF CONTENTS

Register Interest form

I. Schedule for Solicitation for Competitive Sealed Proposal II. Contact with City of Pflugerville III. Definitions IV. Requested Services V. Request For Proposals – Submission and Award Procedures

Appendices

A. Scope of Services

(1) Detailed Scope of Services

(2) Additional Background information or requirements

B. Contract Requirements

(1) City of Pflugerville General Terms and Conditions

(2) Insurance & Indemnification Requirements

(3) Sales Tax Information

(4) HB 1295 Information Sheet

C. Forms to Complete and Return

(1) Submission of Bid/Proposal and Acknowledgment of Addenda

(2) Conflict of Interest Questionnaire (CIQ form)

(3) Disclosure of Relationships with City Council/Officers

(4) Historically Underutilized Business Form

(5) Certification Regarding Debarment

(6) Non-collusion Affidavit

(7) Resident Certification

(8) Texas Public Information Act

(9) Drug Free Workplace

(10) Litigation Disclosure

RFP No. 2026-009 Comprehensive Energy Consultant and Management Services

REGISTER INTEREST

You have received a copy of the above described Request document. If you would like to register your interest in this project so that you will receive any future notices or addenda concerning the project, please fill in the information requested below and email to: emilym@pflugervilletx.gov

Company/Firm:

Name of Contact Person(s):

Email(s):

Telephone: ________________________________________ Fax: _________________________________

Mailing Address:

It is your responsibility to complete and return this form to the City. Failure to do so will result in your not receiving notices and addenda related to this project from the City of Pflugerville.

Notices and addenda are posted on the City’s website and can be accessed at:

https://www.bidnetdirect.com//city-of-pflugerville

City of Pflugerville Purchasing Services Post Office Box 589

Pflugerville, Texas 78691 Telephone 512-990-6156

Fax 512-251-5768 www.pflugervilletx.gov https://www.bidnetdirect.com/city-of-pflugerville

I. Schedule for Solicitation Competitive Sealed Proposal

The proposed schedule of events is tentative and may be modified throughout the selection process at the discretion of the City of Pflugerville.

Issuance of the RFP April 22, 2026 Deadline for questions is 5:00 p.m. April 29, 2026 Proposals due by 2:00 p.m. May 13, 2026

Tentatively, the final selection decision will be made and submitters will be notified of award by June 12, 2026. This schedule is subject to change by the City.

II. Contact with City of Pflugerville

The point of contact for this solicitation process is: Emily McGraw, Procurement Specialist who can be reached at:

Email: emilym@pflugervilletx.gov Telephone: (512) 990-6156

Questions concerning the solicitation must be submitted to contact person in writing via email on or before date shown in the schedule above.

emilym@pflugervilletx.gov Procurement Specialist

City of Pflugerville

Contact with someone other than the Procurement Specialist listed above or his/her designated representative at the City of Pflugerville concerning this solicitation may be grounds for removal from consideration.

Interpretation, modification, corrections, or changes to the solicitation documents will be made by addenda issued by the City of Pflugerville. Addenda will be made available https://www.pflugervilletx.gov/city-government/finance/bids-rfqs and https://www.bidnetdirect.com//city-of-pflugerville Interested vendors are encouraged to return the Register Interest form on the previous page.

Microsoft Teams meeting Join: https://teams.microsoft.com/meet/23595765432973?p=9imzmgbFlcTbZEbfoE

Meeting ID: 235 957 654 329 73 Passcode: Gu6ZT7eH

Need help? | System reference Dial in by phone

+1 512-387-8593,,850378822# United States, Austin Find a local number

Phone conference ID: 850 378 822# For organizers: Meeting options | Reset dial-in PIN https://www.pflugervilletx.gov/city-government/finance/bids-rfqs https://www.bidnetdirect.com/city-of-pflugerville https://teams.microsoft.com/meet/23595765432973?p=9imzmgbFlcTbZEbfoE https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_MmU3ODI4MzItNjY4ZC00Y2VmLWFiODMtZjRmYTA1YzQwOWI1%40thread.v2/0?context=%7b%22Tid%22%3a%22d002abd1-60d1-496e-89e3-bb0535ba7f03%22%2c%22Oid%22%3a%22cea83745-80d2-4d5e-9e6e-0fc1590c66a8%22%7d tel:+15123878593,,850378822 https://dialin.teams.microsoft.com/f6050461-9d09-4afa-ae05-c735363d2517?id=850378822 https://teams.microsoft.com/meetingOptions/?organizerId=cea83745-80d2-4d5e-9e6e-0fc1590c66a8&tenantId=d002abd1-60d1-496e-89e3-bb0535ba7f03&threadId=19_meeting_MmU3ODI4MzItNjY4ZC00Y2VmLWFiODMtZjRmYTA1YzQwOWI1@thread.v2&messageId=0&language=en-US https://dialin.teams.microsoft.com/usp/pstnconferencing

III. Definitions

The following definitions apply to this document and the transaction between the City and the selected submitter unless otherwise designated in the context. Terms, which are singular, may include multiple, where applicable and when in the best interests of the City:

(1) “City” means and refers to the City of Pflugerville, Texas.

(2) “Company” or “Firm” means and refers to any submitter, whether such submitter be a sole proprietor, corporation, company, partnership, company, or any other entity legally defined or recognized under the laws of the State of Texas.

(3) “Proposal” or “Submission” or “Submittal” refers to a response submitted to an RFP.

(4) “Project Review Committee” means a committee established by the City to review and score the submitted Proposals. The Committee may be composed of City of Pflugerville staff, City Councilmembers, or their designees, or other individuals selected to serve on the committee by the City.

(5) “RFP” means and refers to this Request For Proposals.

(6) “Selected submission” means and refers to the submission sent to the City of Pflugerville by the Selected Firm.

(7) “Selected Firm” means the firm who is selected by the City and to whom the City Council/City Manager awards a contract for the services or commodities requested in this solicitation.

(8) “Solicitation” means an RFP issued by the City of Pflugerville seeking products or services described in the document.

(9) “Submitter” or “Vendor” or “Proposer” or “Contractor” means a firm that submits a response to a solicitation.

(10) “Contract documents” includes the RFP and all of the Appendices attached to the RFP.

(11) “Day” means a calendar day unless otherwise specifically defined.

IV. REQUESTED SERVICES

A. Scope of Services

The City of Pflugerville is soliciting proposals from qualified suppliers to enter into a contract for a complete line of Comprehensive Energy Consulting and Management Services (herein “Services”). The City is not seeking simply an aggregator. This is an effort to achieve cost savings, cost effective pricing, and environmentally responsible services.

B. Terms, Conditions, and Requirements

In addition to the specifications for the Project, the attached Appendices include the City’s Contract Requirements.

C. Reservations by City

The City of Pflugerville reserves the right to reject any and all submittals. This issuance of this solicitation does not obligate the City to contract for expressed or implied services. The City of Pflugerville will not reimburse proposers for any costs incurred during the preparation or submittal of responses to this solicitation.

(1) Furthermore, the City expressly reserves the right to:

(a) Waive any defect, irregularity, or informality in any submittal or procedure;

(b) Extend the solicitation closing time and date;

(c) Reissue this solicitation in a different form or context;

(d) Procure any item by other allowable means;

(e) Waive minor deviations from specifications, conditions, terms, or provisions of the solicitation, if it is determined that waiver of the minor deviations improves or enhances the City’s business interests under the solicitation; and/or

(f) Extend any contract when most advantageous to the City, as set forth in this solicitation.

(g) Retain all proposals submitted and to use any ideas in a proposal regardless of whether or not that proposal is selected.

V. REQUEST FOR PROPOSALS – SUBMISSION AND AWARD PROCEDURES

(1) Proposers are responsible for examining and being familiar with all specifications, drawings, standard provisions, instructions, and terms and conditions of the solicitation and their responses.

(2) The proposer must attach all required forms with each submission copy. Forms must be signed by a representative of the proposer authorized to bind the proposer contractually. The proposer must include a statement identifying any exceptions to this RFP or declare that there are no exceptions taken to the RFP.

B. Response Date and Location

Responses to this solicitation must be received on the Texas Bid System site by: May 13, 2026.

RFP 2026-009 Comprehensive Energy Consultant Proposals will be opened at 2:01 p.m. (Central Time) on:

May 13, 2026

The City will NOT accept a proposal submitted by facsimile transmission (fax) or by electronic mail (email).

All submissions and accompanying documentation will become the property of the City.

C. Submission Validity Period

A submission responding to this RFP signifies the vendor’s agreement that the submission, and the content thereof, are valid for ninety (90) days following the submission deadline unless otherwise agreed to in writing by all parties. The submission may become part of the contract that is negotiated between the City and the successful proposer.

D. Cost to Develop Submission

Costs for developing and assembling submissions in response to this solicitation are entirely the responsibility and obligation of the proposer and shall not be reimbursed in any manner by the City.

E. Evaluation Procedures

The proposals will be initially reviewed and evaluated by a Project Review Committee.

Each proposal should be as complete and accurate as possible. The City reserves the right to request additional information or clarifications, oral discussions, or presentations in support of the proposal.

F. Vendor Presentation

The evaluation by the Project Review Committee will be presented to the City Manager or Executive staff, who will determine whether proposers may be invited to make a formal presentation of their proposal and/or sit for a panel interview. There is no obligation for the City to host interviews in order to make the final selection

G. Final Selection

Based on all information reviewed and presentations/interviews (if conducted), the City Manager or Executive staff shall establish the final ranking of the proposals.

(1) During the evaluation process, the City reserves the right, where it may serve the City’s best interest, to request additional information or clarifications from proposers.

H. Contact Award and Execution

The final contract must be awarded and approved by the Pflugerville City Council if the amount of the contract will exceed $100,000.00. If the contract is for less than that amount, depending on the amount, the contract may be executed by the City Manager, an Assistant City Manager, department head or director.

TITLE VI of The Civil Rights Act

"The Recipient, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award."

APPENDIX A

Scope of Services

(1) Detailed Scope of Services

(2) Additional Background Information or Requirements

Requested Services

A. Scope of Services Suppliers are to propose the broadest possible selection of comprehensive energy consulting and management services they offer. Suppliers should have demonstrated experience in providing the services as defined in this RFP, including but not limited to:

(1.) Analyzing, defining, and monitoring all elements of energy exposure as well as understanding consumption, including (but not limited to) the consumption of electricity, natural gas and refined products (such as heating oil, gasoline and diesel) and the emission of greenhouse gases. Acting as an Energy Consultant, Supplier is to provide strategic value and insight. It is responsible for providing an external perspective, benchmarking, third party pricing validation as well as purchasing and energy efficiency recommendations.

(2.) Designing a comprehensive energy management plan, including (but not limited to) energy procurement including electricity, natural gas and other energy commodities including the purchase of renewable energy credits and renewable energy, demand response, emergency response, demand-side management, energy data management services and solutions, aggregation strategies and services, customer advocacy, supply strategies, risk assessment, contract review and negotiation assistance, market research, bill auditing (including supplying the City with a spreadsheet with each energy bill that allows for easy reconciliation by the City’s Finance Department) and bill payment analysis.

(3.) Implementing the plan, and monitoring and adjusting over the course of the contract, including (but not limited to) running an efficient procurement process where vetted Energy Suppliers compete for the business of the City of Pflugerville.

(4.) Related Services and Solutions – The complete range of services and solutions available from the Supplier.

B. Minimum Requirements In order to be considered for award of this RFP, a vendor must meet these minimum requirements:

(1.) Complete the RFP and submit response, including forms, by deadline;

(2.) Experience working with public entities in natural gas, electricity procurement and energy price risk management;

(3.) Technical expertise in energy management practices;

(4.) Key personnel with experience working in energy markets;

(5.) Verifiable experience with consulting on projects of similar size and scope;

projects for other public entities, client references with contact information.

C. Duration of Service The proposed contract will be for a term of two (2) years, with three (3) renewal options of twelve (12) months each.

D. Requirements Proposals should be kept to the minimum necessary length to explain the vendor’s attributes and pricing. Typed responses are preferred in Times New Roman, Arial or Calibri font.

Responses must be clear and may be subject to disqualification if illegible. The proposal should be complete and include the following:

(1.) Cover Letter: The proposer will provide a cover letter describing a brief history of the Proposer and its organization. The letter will indicate the principal or officer of the Proposer organization who will be the City’s primary point of contact during clarifications or negotiations. This individual must have the authority to clarify and/or negotiate all aspects on the scope of services and solutions on behalf of the Proposer. An officer authorized to bind the Proposer to the terms and conditions of this RFP must sign the cover letter transmitting the proposal.

(2.) Executive Summary: The Proposer will provide an Executive Summary that presents in brief, concise terms a summary level description of the contents of the Proposal.

(3.) References: Provide five (5) references of public agencies where services of similar size and scope have been performed in the last twelve (12) months. References must include organization names, addresses, names of contact persons, and telephone numbers and emails for such references.

(4.) Supplier Information: Provide responses to the following questions/items:

(a) Does your company have any contractual, business or personal relationship with any Retail Energy Providers that present a conflict of interest in you representing the best interests of the City of Pflugerville? If yes, please explain.

(b) Provide a list with contact information of your company’s five largest public agency customers. Include length of contracts and annual energy usage and dollar volume of each contract.

(c) Provide a list with contact information of any contracts lost within the last year due to performance issues.

(d) Describe your company’s relationships with energy providers.

(e) Describe any work that is subcontracted by your company. Please include the name and location of subcontractors.

(f) Provide the resume of the person your company proposes to be dedicated to the City of Pflugerville’s account manager. Also provide the resume of any other key personnel that will be supporting the City of Pflugerville.

(g) If your company has a standard contract that it prefers to use for services, submit a copy for review. The City reserves the right to draft a contract for the services rather than using a contract form submitted.

(5.) Services and Solutions Offered:

(a) Provide a description of your company’s Comprehensive Energy Consulting and Management Services.

1. Describe how your company evaluates current market conditions and identifies optimum energy procurement strategies which will allow the City to achieve optimum cost and reliability benefits in the procurement of energy resources.

2. Describe how your company can assist the City with the development of a plan for procurement and delivery of natural gas, oil and electricity to the City’s facilities.

Provide an example of a plan which considers opportunities for the City resulting from current developments in the energy markets.

3. Describe how your company can assist with the development of one or more procurement solicitation(s) for the supply of energy sources to the City’s facilities.

4. Describe how your company can assist with the evaluation of responses to the procurement solicitation(s) with particular emphasis on evaluation of the financial viability and reliability of potential energy suppliers.

5. Describe how your company can assist with contract negotiation and formation.

6. Describe how your company can assist with market monitoring and price management services as necessary.

7. Describe how your company can assist with analyzing retail providers’ utility rates and programs.

8. Describe how your company can execute and manage the ongoing day-to-day details of securing energy supply contracts on behalf of City facilities.

9. Describe how your company can assist with developing a contract focused on implementing measureable goals and objectives of managing energy consumption, load profiles, budget, account management and auditing energy bills.

10. Describe how your company can assist with researching alternative energy options.

11. Describe how your company can evaluate and suggest alternatives in terms of price and delivery options.

12. Describe how your company can measure and evaluate energy market risks and opportunities; provide expert market evaluation and recommendations with data analysis to minimize risk and seize market opportunities in the procurement of natural gas, electricity and other energy sources.

13. Describe how your company can assist with invoice processing to verify the accuracy of supplier and utility invoices, ensuring transparent and accurate billing and also how you can help to resolve billing issues.

14. Describe any additional Comprehensive Energy Consulting and Management Services offered by your company.

15. Describe any related services and solutions offered by your company.

16. Describe the capacity of your company to broaden the scope of the contract and keep the service offerings current and ensure the latest emerging technologies and trends for Energy Consulting and Management Services.

17. Cost Proposal Instructions: The Proposer must submit a cost proposal, clearly marked, fully supported by cost and pricing data adequate to establish the reasonableness of the proposed fees. The Proposer shall describe in detail all services being offered. Proposer shall submit its fee schedule in a manner that allows for clear calculation of price based on one or more criteria. Presentation in a table and/or matrix type of format is desired. For services involving the procurement of a commodity, proposer shall display its pricing in a format that may be composed of such factors as energy usage (kWh, Dth, gallon, etc.)

18. Detail any additional price incentives, discounts or rebates that may be available such as for large volume services, bundled services, etc. by the City.

19. Provide the methodology of how you will substantiate and justify any requests for adjustment in cost of services during the term of the contract.

(a) For data management, bill auditing and bill payment analysis services, proposer shall display pricing in a format that may be composed of such factors as number of bills per month and level of services.

(b) For services where there is a revenue sharing component, such as bill auditing, the proposer shall display pricing in a format that may be composed of such factors as number of meters, number of bills, size of utility spend, etc.

(c) Consulting services shall be displayed on a cost per hour, either all inclusive or cost per position (manager, director, vice-president, etc.).

(d) Any other applicable component necessary to achieve pricing as described above is acceptable.

(6.) Completed and signed copies of Forms included in this RFP.

(7.) Proof of current insurance coverage.

E. Completeness of Submission The vendor must attach all required forms with each submission copy. Forms must be signed by a representative of the company authorized to bind the firm contractually.

F. Modification or Withdrawal

Proposals cannot be altered or amended after the submission deadline passes.

Proposals may be modified prior to the deadline only by providing a written notice (including by fax or email) to the purchasing contact person at the address or telephone number shown on page 5. A proposal may also be withdrawn by providing the same notice in person by a vendor or the vendor’s authorized agent, provided the agent’s identity is made known and the agent signs a receipt reflecting the proposal is being withdrawn. Once the proposal is withdrawn, the vendor will not be allowed to resubmit another proposal. This provision does not change the common law right of a submitter to withdraw a proposal due to a material mistake in the proposal.

G. Proposal Validity Period Submission of a proposal will signify the vendor’s agreement that the proposal and the content thereof is valid for one hundred twenty (120) days following the submission deadline unless otherwise agreed to in writing by all parties. The proposal will become part of the contract that is negotiated between the City and the successful vendor.

H. Vendor’s Cost to Develop Proposals

Costs for developing and assembling proposals in response to this RFP are entirely the responsibility and obligation of the vendor and shall not be reimbursed in any manner by the City.

I. Evaluation Procedures The proposals will be initially reviewed and evaluated by a Project Review Committee. Each proposal should be as complete and accurate as possible. The City reserves the right to request additional information or clarifications, oral discussions, or presentations in support of the proposal. The City also reserves the right to allow corrections of errors or omissions.

J. Vendor Presentation The evaluation by the Project Review Committee will be presented to the City Manager or Executive staff, who will determine whether vendors may be invited to make a formal presentation of their proposal and sit for a panel interview. There is no obligation for the City to host interviews in order to make the final selection.

K. Evaluation Criteria The following criteria will be used to evaluate the proposals:

L. Final Selection Based on all information reviewed and presentations/interviews (if conducted), the City Manager or Executive staff shall establish the final ranking of the vendors.

M. Contact Award and Execution The final contract must be awarded and approved by the Pflugerville City Council if the fee will exceed $100,000.00. If the contract is for less than that amount, depending on the amount of the negotiated fee, the contract may be executed by the City Manager, and Assistant City Manager, department head or director.

Criteria Importance Breadth of Services and Solutions Offered 20 Proven Experience, Financial Stability, Qualifications & References of Proposer

Depth of Response to Proposer Information 20 Price 30

APPENDIX B

Contract Requirements

(1) City of Pflugerville General Terms and Conditions

(2) Insurance & Indemnification Requirements

(3) Sales Tax Information

(4) HB 1295 Information Sheet

City of Pflugerville General Terms and Conditions Updated 10/22/2021

By submitting a response to a solicitation or bid, or by entering into a contract for goods or services and/or by accepting a purchase order, the contracting party agrees that the below terms and conditions shall govern all agreements with the City unless otherwise agreed to by a specifically executed provision within the contract and if permissible by law. Absent a specifically executed provision, the below terms are BINDING and SUPERSEDE any and all other terms and/or conditions whether oral or written.

1.Payments. City will pay Contractor for goods and services in accordance with Chapter 2251, Texas Government Code. City, a municipality in the State of Texas, is exempt from Texas Sales & Use Tax on goods and services in accordance with Section 151.309, Texas Tax Code, and Title 34 Texas Administrative Code (“TAC”) Section 3.322

2. Multiyear Contracts. If the City’s city council does not appropriate funds to make any payment for a fiscal year after the City’s fiscal year in which the contract becomes effective and there are no proceeds available for payment from the sale of bonds or other debt instruments, then the Contract automatically terminates at the beginning of the first day of the successive fiscal year.

(Section 5, Article XI, Texas Constitution). It is understood and agreed the City shall have the right to terminate the agreement at the end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to continue the contract, as determined by the City’s budget for the fiscal year in question. The City may execute such termination by giving contractor a written notice of termination at the end of its then current fiscal year.

3. Local Preference. The City Council supports the local preference option for purchasing. In accordance with the State of Texas Local Government Code:

Texas Local Government Code Section 271.905 (b): In purchasing under this title any real property or personal property that is not affixed to real property, if a local government receives one or more bids from a bidder whose principal place of business is in the local government and whose bid is within three percent of the lowest bid price received by the local government from a bidder who is not a resident of the local government, the local government may enter into a contract with:

(1) the lowest bidder; or

(2) the bidder whose principal place of business is in the local government if the governing body of the local government determines, in writing, that the local bidder offers the local government the best combination of contract price and additional economic development opportunities for the local government created by the contract award, including the employment of residents of the local government and increased tax revenues to the local government.

Texas Local Government Code Section 271.9051 (b): In purchasing under this title any real property, personal property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed bids from a bidder whose principal place of business is in the municipality and whose bid is within five percent of the lowest bid price received by the municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract for construction services in an amount of less than $100,000 or a contract for other purchases in an amount of less than $500,000 with:

(1) the lowest bidder; or

(2) the bidder whose principal place of business is in the municipality if the governing body of the municipality determines, in writing, that the local bidder offers the municipality the best combination of contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenues to the municipality.

4. No Ex-Parte Communications during Competitive Bidding Period. To insure the proper and fair evaluation of a response, the City prohibits ex parte communication (e.g., unsolicited) initiated by the proposed contractor to a City official or employee evaluating or considering the responses prior to the time a formal decision has been made. Questions and other communication from vendors will be permissible until 5:00 pm on the day specified as the deadline for questions.

Any communication between responder and the City after the deadline for questions will be initiated by the appropriate City official or employee in order to obtain information or clarification needed to develop a proper and accurate evaluation of the response. Ex parte communication may be grounds for disqualifying the offending responder from consideration or award of the solicitation then in evaluation, or any future solicitation.

5. Abandonment or Default. A contractor who abandons or defaults the work on the contract and causes the City to purchase the services elsewhere may be charged for any increased cost of goods, materials and/or services related thereto and shall be considered disqualified in any re-advertisement of the service and may not be considered in future bids for the same type of work for a period of three years for the same scope of work, goods or services.

6. Disclosure of Litigation. Each contractor shall include in its proposal a complete disclosure of any civil or criminal litigation or investigation pending which involves the respondent or which has occurred in the past in which the respondent has been judged guilty or liable by a competent court regardless of whether the Court Order or Judgment is final or on appeal.

7. Cancellation., the City reserves the right to cancel the contract without penalty by providing 30 days prior written notice to the contracting party. Termination under this paragraph shall not relieve the contractor of any obligation or liability that has occurred prior to cancellation.

NOTE: This contract is subject to cancellation, without penalty, at any time the City deems the vendor to be non-compliant with contractual obligations.

8. Annual Vendor Performance Review. The City reserves the right to review the vendor’s performance at the end of each twelve month contract period and to cancel all or part of the agreement (without penalty) or continue the contract through the next period.

9. Compliance with other laws and certification of eligibility to contract. Any offer to contract with the City shall be considered an executed certification that the contractor will shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, (as amended during the contracting period) and any orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of the resulting agreement, including without limitation, immigration laws, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. Additionally, such offer shall indicate that the contractor has fully read and understood the terms and conditions for eligibility to contract with the City pursuant to Chapter 38 of the City’s Ordinances and certifies they are in compliance with those local requirements. When requested, the contractor shall furnish the City with satisfactory proof of its compliance within 10 days or any contract with the City is void.

10. Compliance with all Codes, Permitting and Licensing Requirements. The successful contractor shall comply with all national, state and local standards, codes and ordinances as well as any other authorities that have jurisdiction pertaining to equipment and materials used and their application. None of the terms or provisions of the specification shall be construed as waiving any rules, regulations or requirements of these authorities. The successful bidder shall be responsible for obtaining all necessary permits, certificates and/or licenses to fulfill contractual obligations.

11. Liability and Indemnity of City. Any provision of the Contract is void and unenforceable if it: (1) limits or releases either party from liability that would exist by law in the absence of the provision; (2) creates liability for either party that would not exist by law in the absence of the provision; or (3) waives or limits either party’s rights, defenses, remedies, or immunities that would exist by law in the absence of the provision.. (Section 5, Article XI, Texas Constitution)

12. Indemnity and Independent Contractor Status of Contractor. Contractor shall indemnify, save harmless and defend the City, its officers, agents, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney’s fees and any and all other costs or fees (whether grounded in Constitutional law, Tort, Contract, or Property Law, or raised pursuant to local, state or federal statutory provision), arising out of the performance of the resulting agreement and/or arising out of a willful or negligent act or omission of the contractor, its officers, agents, and employees. It is understood and agreed that the contractor and any employee or sub-contractor of contractor shall not be considered an employee of the City.

The contractor shall not be within protection or coverage of the City’s workers’ compensation insurance, health insurance, liability insurance or any other insurance that the City from time to time may have in force and effect. City specifically reserves the right to reject any and all contractor’s employees, representatives or sub-contractors and/or their employees for any cause, should the presence of any such person on City property or their interaction with City employees be found not in the best interest of the City, harassing, or is found to interfere with the effective and efficient operation of the City’s workplace.

13. Liens. Contractor agrees to and shall indemnify and save harmless the City against any and all liens and encumbrances for all labor, goods and services which may be provided under the resulting agreement. At the City’s request the contractor or subcontractors shall provide a proper release of all liens, or satisfactory evidence of freedom from liens shall be delivered to the City.

14. Confidentiality. Any provision in the Contract that attempts to prevent the City’s disclosure of information that is subject to public disclosure under federal or Texas law or regulation, or court or administrative decision or ruling, is invalid. (Chapter 552, Texas Government Code)

15. Tax Exemption. The City is not liable to Vendor for any federal, state, or local taxes for which the City is not liable by law, including state and local sales and use taxes (Section

151.309 and Title 3, Texas Tax Code) and federal excise tax (Subtitle D of the Internal Revenue Code). Accordingly, those taxes may not be added to any item. Texas limited sales tax exemption certificates will be furnished upon request. Vendors shall not charge for said taxes. If billed, the City will remit payment less sales tax.

16. Contractual Limitations Period. Any provision of the Contract that establishes a limitations period that does not run against the City by law or that is shorter than two years is void.

(Sections 16.061 and 16.070, Texas Civil Practice and Remedies Code)

17. Sovereign Immunity. Any provision of the Contract that seeks to waive the City’s immunity from suit and/or immunity from liability is void unless agreed to by specific acknowledgement of the provision within the contract.

18. Governing Law and Venue. Texas law governs this Contract and any lawsuit on this Contract must be filed in a court that has jurisdiction in Travis County, Texas.

19. Certificate of Interested Parties (TEC Form 1295). For contracts needing City Council approval, the City may not accept or enter into a contract until it has received from the Contractor a completed, and signed TEC Form 1295 complete with a certificate number assigned by the Texas Ethics Commission (“TEC”), pursuant to Texas Government Code § 2252.908 and the rules promulgated thereunder by the TEC. The Contractor understands that failure to provide said form complete with a certificate number assigned by the TEC may prohibit the City from entering the Contract.

Pursuant to the rules prescribed by the TEC, the TEC Form 1295 must be completed online through the TEC’s website, assigned a certificate number, printed, signed and notarized, and provided to the City. The TEC Form 1295 may accompany the bid or may be submitted separately, but must be provided to the City prior to the award of the contract. Neither the City nor its consultants have the ability to verify the information included in a TEC Form 1295, and neither have an obligation nor undertake responsibility for advising any bidder with respect to the proper completion of the TEC Form 1295.

20. Amendment. Any provision of the Contract is void and unenforceable if it authorizes Contractor to amend the Contract at its sole discretion or otherwise without a negotiated and signed amendment to the Contract.

21. Texas Government Code Mandatory Provisions. The City may not enter into a contract with a company for goods and services unless the contract contains a written verification from the company that it; (i) does not boycott Israel; (ii) will not boycott Israel during the term of the contract; (iii) does not boycott energy companies; (iv) will not boycott energy companies during the term of the contract; (v) does not have a practice, policy, guidance or directive that discriminates against a firearm entity or firearm trade association; and (vi) will not discriminate during the term of the contract against a firearm entity or firearm trade association (Texas Government Code, Chapter 2271.002; 2274.002).

Company hereby verifies that it does not boycott Israel, and agrees that, during the term of this agreement, will not boycott Israel as this term is defined in the Texas Government Code, Section 808.001, as amended. Company hereby verifies that it does not boycott energy companies, and agrees that, during the term of this agreement, will not boycott energy companies as this term is defined in Texas Government Code, Section 809.001, as amended. Company hereby verifies that it does not have a practice, policy, guidance or directive that discriminates against a firearm entity or firearm trade association, and agrees that, during the term of this agreement, will not discriminate against a firearm entity or firearm trade association as those terms are defined in Texas Government Code, Section 2274.001, as amended.

Further, Company hereby certifies that it is not a company identified under Texas Government Code, Section 2252.152 as a company engaged in business with Iran, Sudan, or Foreign Terrorist Organizations.

22. Equal Employment Opportunity. Vendor agrees that during the performance of its contract it will:

1. Treat all applicants and employees without discrimination as to race, color, religion, sex, national origin, marital status, age, or handicap.

Identify itself as an "Equal Opportunity Employer" in all help wanted advertising or request. The Vendor shall be advised of any complaints filed with the City alleging that Vendor is not an Equal Opportunity Employer. The City reserves the right to consider its reports from its human relations administrator in response to such complaints in determining whether or not to terminate any portion of this contract for which purchase orders or authorities to deliver have not been included, however, the Vendor is specifically advised that no Equal Opportunity Employment complaint will be the basis for cancellation of this contract for which a purchase order has been issued or authority to deliver granted

23. Subcontracting. If subcontracting with another company or individual is proposed, that fact, along with providing the same information for the subcontractor that is required to be provided by the bidder under this solicitation, must be provided and clearly identified in the bid. Following the award of the contract, no additional subcontracting will be permitted without the express prior written consent of the City.

24. Attorney’s fees; Legal Costs. The City will not agree to pay the selected firm’s attorney’s fees or other legal costs under any circumstances.

25. Advance Payments. The City will not make advance payments to a selected firm or any third party pursuant to this solicitation or resulting contract.

26. Gift of Public Property. The City will not agree to any terms or conditions that cause the City to lend its credit or grant public money or anything of value to the selected firm.

27. Procurement Laws. The City will not agree to any terms or conditions that cause the City to violate any federal, Texas, or local procurement laws, including its own charter.

City of Pflugerville

Insurance Requirements

Bidder/Proposer performing work on City property or public right-of-way for the City of Pflugerville shall provide the City a certificate of insurance evidencing the coverage provisions identified herein. Bidder/Proposer shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverage as required herein or that the subcontractors are included under the contractor’s policy. The City, at its own discretion, may require a certified copy of the policy.

All insurance companies and coverage must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be acceptable to the City of Pflugerville.

Listed below are the types and amounts of insurance required. The City reserves the right to amend or require additional types and amounts of coverage or provisions depending on the nature of the work.

Type of Insurance Amount of Insurance Provisions

Commercial General (Public) 1,000,000 per occurrence, City to be listed as Liability to include coverage 2,000,000 general aggregate; additional insured for: and provide 30-days Premises/Operations notice of cancellation or material change in Products/ Completed 2,000,000 combined single coverage limit Operations City to be provided a waiver of subrogation Independent Contractors City prefers that Personal Injury insurer be rated B+V1 or higher by Contractual Liability A.M. Best or A or higher by Standard & Poors

Business Auto Liability 1,000,000 combined single City to be provided a limit waiver of subrogation

Workers’ Compensation & Statutory Limits City to be provided a Employers Liability 1,000,000 each accident waiver of subrogation

Questions regarding this insurance should be directed to the City of Pflugerville (512)990-6100 A contract will not be issued without evidence of Insurance. We will only accept the ACORD 25 or ISO certificate of insurance forms.

TEXAS SALES TAX EXEMPTION INFORMATION

This information is being provided to assist contractors and is therefore general in nature. It is not a substitute for advice from the contractor’s attorney or accountant.

Under the Texas Tax Code Section 151.309, the City of Pflugerville is exempt the payment of sales tax. In addition, when the City contracts with a third party to make certain improvements to real property, purchases of materials/consumable items that are physically incorporated into that real property may also exempt from state and local sales tax. Items qualifying for this exemption must be used up entirely on a job for the City of Pflugerville.

To claim this exemption, a contractor who has a Texas Taxpayer Number (the number on their Texas Sales and Use Tax Permit number) can complete the Texas Sales and Use Tax Resale Certificate (front side of Form 01-339) and provide it to the vendor from whom the contractor is purchasing materials and supplies for use under a contract with the City of Pflugerville. The form is available on the Texas Comptroller website at:

http://www.window.state.tx.us/taxinfo/taxforms/01-forms.html or http://www.window.state.tx.us/taxinfo/taxforms/01-339.pdf

A copy of a blank form has been attached for your convenience. In completing the exemption form (01-339 front) when purchasing materials and supplies, a contractor will:

(1) List itself (the contractor) as the purchaser and complete required information;

(2) Fill in the name and required information about the seller;

(3) Describe the item being purchased or attached order or invoice – the only items included must be items that will be entirely consumed or used in the project for the City of Pflugerville – might include statement that purchase is related to contract with City of Pflugerville, Texas, for Project {description, e.g., New Street sewer lien project};

(4) Describe the type of business activity generally engaged in by purchaser or type of items normally sold by the purchaser

Since the City of Pflugerville is a governmental entity, the contract or purchase order with the City provides the necessary documentation that the materials are acquired for an exempt contract [See 34 TAC §3.291(c)(1)]. However, if requested, the City of Pflugerville will provide to the contractor awarded the contract an executed exemption certification showing that the city is exempt from sales tax (Form 01- 339 back).

The state statutes and rules related to sales tax can be accessed from the Texas Comptroller website: http://www.window.state.tx.us/taxinfo/sales/ In addition, the Texas Comptroller’s office can be contacted at 1-800-252-555 for questions about Sales and Use Taxes.

State statutes regarding sales tax can be found in Texas Tax Code Chapter 151 at:

http://www.statutes.legis.state.tx.us/Docs/TX/htm/TX.151.htm

Rules related to sales tax in the Texas Administrative Code can be found at:

http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=5&ti=34&pt=1&ch=3&sch= O&rl=Y http://www.window.state.tx.us/taxinfo/taxforms/01-forms.html http://www.window.state.tx.us/taxinfo/taxforms/01-339.pdf http://www.window.state.tx.us/taxinfo/sales/ http://www.statutes.legis.state.tx.us/Docs/TX/htm/TX.151.htm http://info.sos.state.tx.us/pls/pub/readtac%24ext.ViewTAC?tac_view=5&amp%3Bamp%3Bti=34&amp%3Bamp%3Bpt=1&amp%3Bamp%3Bch=3&amp%3Bamp%3Bsch=O&amp%3Bamp%3Brl=Y http://info.sos.state.tx.us/pls/pub/readtac%24ext.ViewTAC?tac_view=5&amp%3Bamp%3Bti=34&amp%3Bamp%3Bpt=1&amp%3Bamp%3Bch=3&amp%3Bamp%3Bsch=O&amp%3Bamp%3Brl=Y

NOTICE OF HB 1295 DISCLOSURE

Beginning January 1, 2016, business entities entering into a contract which is approved by the Pflugerville City Council for goods or services to be used by the City of Pflugerville are required to complete a Certificate of Interested Parties Form 1295 on the Texas Ethics Commission website.

Certificate of Interested Parties (Form 1295):

In 2015, the Texas Legislature adopted House Bill 1295, which added Section 2252.908 to the Texas Government Code. Beginning January 1, 2016, a business entity which:

(1) enters into a contract which must be approved by the Pflugerville City Council

(2) for goods or services

(3) to be used by the City of Pflugerville is required to complete a Certificate of Interested Parties Form 1295 on the Texas Ethics Commission website. The disclosure requirement applies to a contract (including an amendment, extension or renewal) entered into on or after January 1, 2016. Business entities required to comply include for-profit and non-profit entities.

The Texas Ethics Commission adopted rules to implement the law and adopted the Certificate of…