ESBD_File_339931_IFB 2024-B01 TXCDBG - Cedar Oaks Mesa WSC - Water Improvements.pdf

HAYS COUNTY

PROJECT CONSTRUCTION MANUAL

FOR

TXCDBG – Cedar Oaks Mesa WSC – Water Improvements TXCDBG Contract No.: CDV21-0346

TRC Project No.: 439192

Bid No. IFB 2024-B01 Bid Date: November 2, 2022

Bid Time: 10:00 AM CST

Hays County, Texas Purchasing Department

712 South Stagecoach Trail, Suite 1071 San Marcos, TX 78666

Engineer On Record:

TRC Engineers, Inc. (T.B.P.E. Firm Registration #F-8632)

505 East Huntland Dr. Ste. 250 Austin, TX 78752

512-454-8716

Commissioners Court Approval:

October 12, 2023

Table of Contents

Contents Section

IFB Submittal Checklist

Invitation to Bid

Bid Instructions/Bid Requirements

Forms Bid Form Bid Form: Schedule of Rates & Prices Vendor References Conflict of Interest Questionnaire Certificate of Interested Parties Code of Ethics for Hays County HUB Practices House Bill 89 Verification Senate Bill 252 Certification Debarment and Licensing Certification Vendor/Bidder’s Affirmation Form Related Parties Disclosure Form Appendix II to Part 200 FHWA Certification Statement of Statutory Compliance SB 13, 19, 89 & 2116 Certification Regarding Lobbying

Standard Form of Contract

Wage Rates

Performance Bond

Payment Bond

Certificate of Insurance

General Conditions

General Notes

Technical Specifications: Attachment B ..................................................................... 12 - Bound Separately

Plan Drawings: Attachment C ........................................................................................... Bound Separately

Appendices

Attachment A - Wage Determination Decision Appendix A – Federal Requirement Documents

SECTION 1

IFB SUBMITTAL CHECKLIST

IFB Submittal Checklist

This checklist is provided for convenience and identifies documents that must be submitted with the bid/proposal in order to be considered responsive. Any bids/proposals received without these requisite documents may be deemed nonresponsive and may not be considered for contract award.

The following forms MUST be returned for the bid/proposal to be considered responsive:

____ 1. Completed Bid Form

____ 2. Completed Schedule of Rates and Prices

____ 3. Vendor References Completed

____ 4. Bid Bond for 5% of total bid amount

Required Forms by Hays County:

____ 1. Conflict of Interest Questionnaire Completed and Signed

____ 2. Certificate of Interested Parties – Form 1295 filed online with the Texas Ethics Commission and Signed

____ 3. Code of Ethics Signed

____ 4. Historically Underutilized Businesses Signed

____ 5. House Bill 89 Verification Signed and Notarized

____ 6. Senate Bill 252 Certification Signed

____ 7. Vendor/Bidder’s Affirmation Completed and Signed

____ 8. Related Party Disclosure Form Completed and Signed

____ 9. Debarment & Licensing Certification Signed and Notarized

____ 10. Appendix II to Part 200

____ 11. FHWA Certification

____ 12. System for Award Management (www.SAM.gov) Entity Registration Page

____ 13. Statement of Statutory Compliance SB 13, 19, 89 & 2116 Verification Form

____ 14. Certification Regarding Lobbying

____ 15. Any addenda applicable to this solicitation

Hays County will accept bids, by the stated due date by one of the following methods:

____ 1. Electronic Submission of Bid Packet through BidNet Direct and one (1) hard copy delivered in a sealed envelope, within 24 hours of bid due date, with the Solicitation Number and Vendor’s name on the outermost envelope addressed to:

Hays County Purchasing, 712 S Stagecoach Trail, Suite 1071, San Marcos, TX 78666

OR

____ 2. One (1) original bid packet and one (1) digital copy on a thumb drive in a sealed envelope with the Solicitation Number and Vendor’s Name on the outermost envelope, addressed to:

Hays County Purchasing, 712 S Stagecoach Trail, Suite 1071, San Marcos, TX 78666

SECTION 2

INVITATION FOR BIDS

PUBLIC NOTICE

HAYS COUNTY INVITATION FOR BIDS

Hays County will be accepting sealed Bids for:

IFB 2024-B01 TXCDBG – Cedar Oaks Mesa WSC – Water Improvements Sealed Bids will be received by Hays County, through either hardcopy at the Purchasing Office, Hays

County Government Center, 712 South Stagecoach Trail, Suite 1071, San Marcos, TX 78666 or electronically through www.bidnetdirect.com/hayscounty (the BidNet Direct website) until 10:00 AM local time on November 2, 2023, at which time and place the bids will be publicly opened and read.

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

DETAIL SUMMARY

1. Issuing Office:

2. Responses to Solicitation:

3. Deadline for Responses:

4. Pre-Bid Meeting:

5. Bonding Requirements:

6. Retainage

7. Contract Term:

8. Designated Contact:

9. Questions & Answers:

Hays County Purchasing Office 712 S. Stagecoach Trial, Suite 1204 San Marcos, TX 78666

Sealed bids marked with Solicitation Number and Respondent Name on the outermost envelope: One (1) original and one (1) digital copy on a thumb drive

OR

Electronic bid packets can be submitted through BidNet Direct and one (1) hard copy is required to be received within 24 hours of due date.

In issuing office or submitted to BidNet Direct no later than:

November 2, 2023; 10:00 a.m. Central Time (CT)

Recommended October 19, 2022; 10:00 a.m. Central Time (CT) Hays County Purchasing Office 712 S. Stagecoach Trail, St. 1071, San Marcos, TX 78666

Bid Bond: 5% of total bid amount due at bid submittal Performance and Payment Bonds: 100% of Contract Price within 10 days of award

The owner will withhold 5% retainage of the Contractor. The Contractor may withhold retainage on subcontractors in accordance with state and federal regulations.

180 Calendar Days

Hays County Purchasing Email: purchasing@co.hays.tx.us

Questions regarding this solicitation must be made in writing and submitted to the designated contact above no later than October 25, 2023; 5:00 p.m. CT. Telephone inquiries will not be accepted. Questions mailto:purchasing@co.hays.tx.us

10. Addenda

11. Contact with County Staff:

may be submitted by email to the purchasing address above. Answers to questions will be provided in the form of an addendum after the question deadline has passed. All addenda will be posted on CivicPlus, BidNet Direct and ESBD websites.

Any interpretations, corrections or changes to this IFB and specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the Hays County Purchasing Office. It is the Respondent’s responsibility to acknowledge receipt of all addenda with bid submission.

Upon issuance of this solicitation, employees and representatives of Hays County, other than the Purchasing Office staff identified as the Designated Contact above, will not discuss the contents of this solicitation with any Respondent or its representatives. Failure of a Respondent or any of its representatives to observe this restriction may result in disqualification of any related offer. This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this procurement.

All Bid Documents can be downloaded on the following websites:

BidNet Direct: www.bidnetdirect.com//hayscounty City of San Marcos, Civic Plus Bid Posting: https:// www.sanmarcostx.gov/Bids.aspx Electronic State Business Daily: http://www.txsmartbuy.com/sp www.civcastusa.com

Anticipated Schedule of Events

October 12, 2023 Issuance of IFB October 19, 2023 Pre-Bid Meeting in-person (10:00 AM, CT) October 25, 2023 Deadline for Submission of Questions (5:00 PM, CT) November 2, 2023 Deadline for Submission of Bids (10:00 AM, CT)

Late bids will not be accepted December 2023 Anticipated Contract Award Date

12. Websites for Documents:

SECTION 3

BID INSTRUCTIONS / REQUIREMENTS

BID INSTRUCTIONS/REQUIREMENTS

A. Scope of Work The proposed project will include 1,560 linear feet of 6” waterline, 3 fire hydrants and all necessary supportive work and appurtenances.

The attachments to this IFB provide specific details regarding this project and should be thoroughly reviewed prior to bid submittal:

Attachment A: Wage Determination Decision Attachment B: Technical Specifications Attachment C: Plan Drawings Attachment D: FHWA 1273

B. Qualifications Prospective bidder shall meet the following requirements:

• Provide a list of similar projects of equal or greater dollar amount that have been installed and are in operation within the past five (5) years. Must include Location, Description (size, type, length), contact person and phone number, and Date of Installation.

REFERENCES: Hays County requires respondent to supply with the bid, a list of at least three (3) references where like services have been supplied by their company on the Vendor Reference Form in Section 4: Forms

RESPONSIBILTY: A prospective respondent must affirmatively demonstrate respondent’s responsibility. A prospective respondent must meet the following requirements:

• Have adequate financial resources, or the above ability to obtain such resources as required

• Have a satisfactory record of performance

• Be otherwise qualified and eligible to receive an award

SYSTEM FOR AWARD MANAGEMENT: Respondent and its Principals may not be debarred or suspended nor otherwise on the Excluded Parties List System (EPLS) in the System for Award Management (SAM). Include verification that the company as well as the company's principals are not listed (are not debarred) through the System for Award Management (www.SAM.gov). Enclose a printout of the Entity Registration page that shows your firm is in active status and is not expired.

TIME OF PERFORMANCE: It is imperative that the prospective respondent respond to County requests in a timely manner and comply with required or proposed delivery schedules. Please describe how you intend to respond to and track County requests.

COMPLIANCE WITH LAWS: The successful bidder shall comply with all applicable federal, state and local laws and regulations pertaining to the practice of the profession and the execution of the duties under the bid.

INSURANCE: The successful bidder will be required to furnish proof of insurance per the insurance requirements in Section 9.

C. Use of Separate Bid Forms These contract documents include a complete set of bid and contract forms which are for the convenience of the bidders and are not to be detached from the contract document, completed or executed. Separate bid forms are provided for your use.

D. Inspection of Site

Each bidder should visit the site of the proposed work and should become acquainted with the existing conditions and facilities, the difficulties and restrictions pertaining to the performance of the contract. The bidder should thoroughly examine and become familiar with the drawings, technical specifications and all other contract documents. The contractor by the execution of the contract shall in no way be relieved of any obligation under it due to failure to receive or examine any form or legal document or to visit the site or the conditions existing at the site. The County will be justified in rejecting any claim based on lack of inspection of the site prior to the bid.

E. Alternate bid items

No alternate bids or bid items will be considered unless they are specifically requested by the technical specifications.

F. Bids

1. All bids must be submitted on the forms provided and are subject to all requirements of the Contract Documents, including the Drawings.

2. All bids must be regular in every respect and no interlineation, excisions or special conditions may be made or included by the bidder.

3. Bid documents, including but not limited to the bid, the bid bond(s), the contractor’s certifications, local opportunity plan, and the statement of the bidder’s qualifications, shall be sealed in an envelope and clearly labeled with the words "Bid Documents”, the project number, name of bidder and the date and time of bid opening, see Submittal Checklist on all documents required

4. The County may consider as irregular any bid on which there is an alteration of or departure from the bid form and, at its option, may reject any irregular bid.

5. If a contract is awarded, it will be awarded to a responsible bidder on the basis of the lowest/best bid and the selected alternate bid items, if any. The contract will require the completion of the work in accordance with the contract documents.

G. Bid Modifications Prior to Bid Opening

Any bidder may modify its bid by submitting a modification or supplemental bid at any time prior to the scheduled closing time for receipt of bids, provided such modification or supplemental bid is received by the locality prior to the closing time. The modification or supplemental bid should not reveal the original bid price but should provide only the addition, subtractions or other modifications to the original bid so that the final prices or terms will not be known by the locality until the sealed bid is open.

H. Bid Bond

1. A bid bond in the amount of 5% of the bid issued by an acceptable surety shall be submitted with bid.

I. Statement of Bidders Qualifications

Each bidder shall submit on the form furnished for that purpose a statement of the bidder's qualifications. The Grant Recipient shall have the right to take such steps as it deems necessary to determine the ability of the bidder to perform its obligations under the contract, and the bidder shall furnish the Grant Recipient all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available data does not satisfy the Grant Recipient that the bidder is qualified to carry out properly the terms of the contract.

J. Unit Price

The unit price for each of the several items in the bid shall include its pro rata share of overhead so that the sum of the products obtained by multiplying the quantity shown for each item by the unit price bid represents the total bid. Any bid not conforming to this requirement may be rejected as informal. Special attention is drawn to this condition, as the unit prices will be used to determine the amount of any change orders resulting from an increase or decrease in quantities.

K. Corrections

Erasures or other corrections in the bid must be noted over the signature of the bidder.

L. Time for Receiving Bids Bids received prior to the advertised hour of opening shall be kept securely sealed. All bids must be either electronically submitted or physically received in the Procurement Office by the bid due date: November 2, 2023 @ 10:00 AM (CST). All Bids will be read aloud directly following the due date and time. NO LATE BIDS WILL BE

ACCEPTED.

M. Opening of Bids

The County shall, at the time and place fixed for the opening of bids, open each bid and publicly read it aloud, irrespective of any irregularities therein. Bidders and other interested individuals may be present.

N. Withdrawal of Bids

Bidder may withdraw the bid before the time fixed for the opening of bids, by communicating its purpose in writing to the Grant Recipient. Upon receipt of such notice, the unopened bid will be returned to the bidder. The bid guaranty of any bidder withdrawing his bid will be returned promptly.

O. Award of Contract/Rejection of Bids

1. The contract will be awarded to the responsive, responsible Bidder submitting the lowest/best bid. The bidder selected will be notified at the earliest possible date. The locality reserves the right to reject any or all bids and to waive any informality in bids received where such rejection or waiver is in its interest.

2. The Grant Recipient reserves the right to consider as unqualified to do the work any bidder who does not habitually perform with his own forces the major portions of the work involved in construction of the improvements embraced in this contract.

P. Execution of Agreement/Performance and Payment Bonds

1. Requires all prime contractors which enter into a formal contract with the State, a county, or a municipality;

a department, board, or agency of the state, a county, or a municipality; and a school district or a subdivision thereof, to furnish to the governmental entity a performance and payment bond in the amount of the contract.

2. The failure of the successful bidder to execute the agreement and supply the required bonds within ten (10) days of contract award and execution, shall constitute a default and the locality may, at its option either award the contract to the next lowest responsible bidder, or re-advertise for bids. In either case, the locality may charge against the bidder the difference between the amount of the bid, and the amount for which a contract is subsequently executed irrespective of whether this difference exceeds the amount of the bid bond. If a more favorable bid is received through re-advertisement, the defaulting bidder shall have no claim against the locality for a refund.

Q. Wages and Salaries Attention is particularly called to the requirement of paying not less than the prevailing Davis Bacon Related Acts (DBRA) wage rates specified in the Contract Documents. These rates are minimums to be paid during the life of the contract. It is therefore the responsibility of the Bidder to inform themselves as to local labor conditions.

R. Equal Employment Opportunity

Attention is called to the requirements for ensuring that employees and applicants for employment are not discriminated against because of race, color, religion, sex, sexual identity, gender identity, or national origin, and other civil rights requirements.

S. Certification Regarding Lobbying

Contractors who apply or bid for an award of $100,000 or more shall provide the required certification that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer of employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining a Federal contract, grant or any other award covered by 31 USC § 1352.

SECTION 4: HAYS COUNTY FORMS

BID FORM

BID FORM: SCHEDULE OF RATES AND PRICES

VENDOR REFERENCES

CONFLICT OF INTEREST QUESTIONNAIRE

CERTIFICATION OF INTERESTED PARTIES

CODE OF ETHICS FOR HAYS COUNTY

HAYS COUNTY PRACTICES RELATED TO HISTORICALLY UNDERUTILIZED BUSINESSES

HOUSE BILL 89 VERIFICATION

SENATE BILL 252 CERTIFICATION

DEBARMENT AND LICENSING CERTIFICATION

VENDOR/BIDDER’S AFFIRMATION

RELATED PARTY DISCLOSURE FORM

APPENDIX II to PART 200

FHWA 1273 CERTIFICATION

STATEMENT OF STATUTORY COMPLIANCE SB 13, 19, 89 & 2116 VERIFICATION FORM

CERTIFICATION REGARDING LOBBYING

BID FORM

PROJECT IDENTIFICATION

Project No. IFB 2024-B01 TXCDBG – Cedar Oaks Mesa WSC – Water Improvements (TXCDBG Contract No.: CDV21-0346)

THIS BID IS SUBMITTED TO:

Electronically: BidNet Direct: www.bidnetdirect.com//hayscounty

Manually:

Hays County Purchasing Department Attn: Stephanie Hunt 712 South Stagecoach Trail, Suite 1071 San Marcos, Texas 78666

The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with COUNTY in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents.

All Bids will be considered non-responsive if the required items and documents listed on the submittal checklist are not signed and submitted with the Bid.

BIDDER accepts all of the terms and conditions of the Notice to Bidders and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the day of Bid opening. BIDDER will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 10 working days after the date of COUNTY’s Notice of Award.

This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation;

BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm, or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over COUNTY.

BIDDER will complete the work in accordance with the Contract Documents and the accompanying Schedule of Rates and Prices, and will pay not less than the Prevailing Wage Rates for Hays County, Texas. The work will be completed within 180 Calendar Days from the date for commencing work as set forth in the "Notice to Proceed" to be issued by the COUNTY.

Communications concerning this Bid shall be addressed to the address of BIDDER indicated below:

The undersigned Bidder hereby declares that they have visited the site of the work and has carefully examined the Contract Documents pertaining to the work covered by the above bid. Upon issuance of Notice to Proceed, a mutually agreed upon start date will be determined.

https://u4966273.ct.sendgrid.net/ls/click?upn=MVBjs-2FbBM6gS39fB13J9AiTj-2B8M1m4IBV1NvYy-2FQ0JnyFLutACNIShaoMURvo-2Fp-2BZMNQ_m1-2B5T0y9KKTFwH14HcV3J1jmttZDWugTDdpI2xF6M-2ByVjHYHq76DQeYtEqYrw7aY-2FOStS8k4rvO72ddmrQoAjmqZIjCcXpiGVP4SWBBQX7H03b7eY7Q77vacdsRId5yHITSqQL4pFBctCqKIYxtQmGbjf8RMmjdxo8a0aOP-2FTGpi8GdmZHUmP5T32PWKSO4-2FwR9iBl0i2v3WiWFfmOJ5AaRy7qWod-2F8qt3MYxEZSCdJY4JWz-2BPBSIrjMrvpwisg0

Terms used in this Bid which are defined in the General Provisions or Instructions will have the meanings indicated in the General Provisions or Instructions.

SUBMITTED ON , 20 .

State Contractor License Number

IF BIDDER is: An Individual

By (SEAL) (Individual’s Name)

(Signature) doing business as:

Business address:

Phone Number: Fax Number:

Email:

IF BIDDER is: A Partnership

(Firm Name)

(General Partner)

Business address:

IF BIDDER is: A Corporation

(Corporate Name)

(State of Incorporation)

(Name of Person Authorized to Sign)

(Corporate Seal)

Attest:

(Secretary)

Business Address

Date of Qualification to Do Business is:

IF BIDDER is: A Joint Venture

(Name)

(Address)

By (Name)

(Address)

Phone & Fax Numbers, Email & mailing addresses for receipt of official communications:

(Each joint venturer must sign. The manner for signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner above.)

Item No. Item Description Unit No. of Units Unit Price Total Amount Furnishing the required Performance and Payment Bonds for the project, as described in the project specifications

Lump Sum 1 -$ -$

Mobilzation to the site at project commencement and de-mobilization from the site at project end, as described in these specifications (cannot exceed 10% of the total bid amount)

Lump Sum 1 -$ -$

Furnishing all equipment, labor, and materials to install 6" C900 PVC Water Line complete and in place, including all excavation, backfill, hauling, and compaction necessary to complete the installation, as well as completion of hydrostatic testing and disinfection per the project specifications. LF 1565 -$ -$

Furnishing all equipment, labor, and materials to install 6" Gate Valves complete and in place, including all excavation, backfill, hauling, and compaction necessary to complete the installation, as well as completion of hydrostatic testing and disinfection per the project specifications. EA 10 -$ -$

Furnishing all equipment, labor, and materials to install 2" Gate Valves complete and in place, including all excavation, backfill, hauling, and compaction necessary to complete the installation, as well as completion of hydrostatic testing and disinfection per the project specifications. EA 1 -$ -$

Hays County, Texas IFB 2024-B01 TXCDBG - Cedar Oaks Mesa - Water Improvements

TXCDBG Contract No.: CDV21-0346 Schedule of Rates and Prices

B01.2 written out amount:

Having Carefully examined the Instructions to Bidders, the General Conditions of the Contract, and Detailed Plans and Specifications, the undersigned Bidder hereby proposes to do all the work and furnish all necessary superintendence, labor, machinery, equipment, tools, and materials, and to complete all the work this refers to, for the construction of all items listed at the prices shown for each item below. Bid prices MUST be shown in Words and Figures for each item listed below, and in the event of a discrepancy, the words shall control.

Bidder agrees to perform all work listed in the bid and as described in the specifications and shown on the plans, for the following unit prices. The below prices shall include all labor, materials, overhead, profit, insurance, etc. to cover the finished work of the several kinds called for. The work proposed to be done shall be accepted fully completed and finished in accordance with the plans and specification of the Enginer and Hays County.

B01.1 written out amount:

B01.3 written out amount:

B01.4 written out amount:

B01.5 written out amount:

Furnishing all equipment, labor, and materials to install Fire Hydrant Assemblies complete and in place. Payment shall include all pipe, fittings, and appurtenances on the Fire Hydrant side of the gate valve, including all excavation, backfill, hauling, and compaction necessary to complete the installation, as well as completion of hydrostatic testing and disinfection per the project specifications. EA 3 -$ -$

Furnishing all equipment, labor, and materials to install Ductile Iron FIttings complete and in place, including all excavation, backfill, hauling, and compaction necessary to complete the installation, as well as completion of hydrostatic testing and disinfection per the project specifications. TON 1 -$ -$

Furnishing all equipment, labor, and materials to install Connections to Existing Water Lines complete and in place, including all excavation, backfill, hauling, and compaction necessary to complete the installation, as well as completion of hydrostatic testing and disinfection per the project specifications. EA 6 -$ -$

Furnishing all equipment, labor, and materials to install Connections to Existing Service Lines and Meters complete and in place, including all excavation, backfill, hauling, and compaction necessary to complete the installation, as well as completion of hydrostatic testing and disinfection per the project specifications. EA 21 -$ -$

Furnishing all equipment, labor, and materials to install ASphalt Repair for waterlines, services, adn fire hydrants lead (regardless of width) complete and in place per the project specifications. LF 1618 -$ -$

Furnishing all equipment, labor, and materials to install a Pressure Reducing Valve complete and in place, including all pipe, fittings, valves, vaults, and other appurtenances, excavation, backfill, pavement restoration, hauling, and compaction necessary to complete the installation per the project specifications.

Lump Sum 1 -$ -$

Furnishing all equipment, labor, and materials to install a Pressure Pipe Offset complete and in place, including all pipe, fittings, and other appurtenances, excavation, backfill, hauling, and compaction necessary to complete the installation per the project specifications.

Lump Sum 1 -$ -$

Furnishing all equipment, labor, and materials to implement the Storm Water Pollution Prevention Plan (SWPPP), as described in the project specifications.

Lump Sum 1 -$ -$

B01.11 written out amount:

B01.12 written out amount:

B01.13 written out amount:

B01.8 written out amount:

B01.9 written out amount:

B01.10 written out amount:

B01.6 written out amount:

B01.7 written out amount:

Furnishing all equipment, labor, and materials to install Hydromulch, as described in the project specifications.

Lump Sum 1 -$ -$

Total Schedule of Rates and Prices (Bid Amount): written out dollars cents

Addendum No. 1 Dated __________________________ Received _______________________________________

Addendum No. 2 Dated __________________________ Received _______________________________________

Addendum No. 3 Dated __________________________ Received _______________________________________

B01.14 written out amount:

Receipt is herby acknowledged of he following addenda to the contract documents:

Addendum

Total Schedule of Rates and Prices (Bid Amount)

Vendor References List three (3) references of current customers who can verify the quality of service your company provides. The County prefers customers of similar size and scope of work to this proposal/bid. This form must be returned with your bid/proposal.

Company Name: _______________________________________________________________________________

Address: _______________________________________________________________________________________________

Contact Person and Title: __________________________________________________________________________________

Phone Number: _________________________________________________________________________________________

Email: _________________________________________________________________________________________________

Scope & Duration of Contract: _____________________________________________________________________________

Address: _______________________________________________________________________________________________

Contact Person and Title: __________________________________________________________________________________

Phone Number: _________________________________________________________________________________________

Email: _________________________________________________________________________________________________

Scope & Duration of Contract: _____________________________________________________________________________

Address: _______________________________________________________________________________________________

Contact Person and Title: __________________________________________________________________________________

Phone Number: _________________________________________________________________________________________

Email: _________________________________________________________________________________________________

Scope & Duration of Contract: _____________________________________________________________________________

REFERENCE ONE

REFERENCE TWO

REFERENCE THREE

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

FORM CIQ

OFFICE USE ONLY

Date Received

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

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

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

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

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

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

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

Name of Officer

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

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

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

Yes No

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

Yes No

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

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

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

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

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

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

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

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

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

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

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

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

(2) the vendor:

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

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

or

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

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

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

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

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

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

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

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

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

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

(1) the date that the vendor:

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

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

(2) the date the vendor becomes aware:

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

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

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

Form provided by Texas Ethics Commission Revised 1/1/2021

Certificate of Interested Parties

In 2015, the Texas Legislature adopted House Bill 1295, which added 2252.908 to the Texas Government Code and applies to all contracts entered into on or after January 1, 2016. Section 2252.908 (b)(1)(2) applies only to a contract of a governmental entity or state agency that requires an action or vote by the governing body of the entity or agency before the contract may be signed or that has a value of at least $1 million. In addition, pursuant to Section 2252.908 (d), a governmental entity or state agency may not enter into a contract described by Subsection (b) with a business entity unless the business entity, in accordance with this section and rules adopted under this section, submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency.

With regard to Hays County purchases, a vendor that is awarded a contract or purchase approved by Hays County Commissioner’s Court is required to electronically complete a Form 1295 through the Texas Ethics Commission website (https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm) and submit a signed and notarized copy of the form to the County. A contract, including County issued purchase order (if applicable), will not be enforceable or legally binding until the County receives and acknowledges receipt of the properly completed Form 1295 from the awarded vendor.

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

Code of Ethics for Hays County

Public employment is a public trust. It is the policy of Hays County to promote and balance the objective of protecting government integrity and the objective of facilitating the recruitment and retention of personnel needed by Hays County. Such a policy implemented by prescribing essential standards of ethical conduct without creating unnecessary obstacles to entering public services.

Public servants must discharge their duties impartially so as to assure fair competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the Hays County procurement organization.

To achieve the purpose of this article, it is essential that those doing business with Hays County also observe the ethical standards prescribed here.

It shall be a breach of ethics to attempt to influence any public employee, elected official or department head to breach the standards of ethical conduct set forth in this code.

It shall be a breach of ethics for any employee of Hays County or a vendor doing business with the county to participate directly or indirectly in a procurement when the employee or vendor knows that:

The employee or any member of the employee’s immediate family, or household has a substantial financial interest pertaining to the procurement. This means ownership of 10% or more of the company involved and/or ownership of stock or other interest or such valued at $2500.00 or more.

A business or organization in which the employee, or any member of the employee’s immediate family, has a financial interest pertaining to the procurement.

Gratuities: It shall be a breach of ethics to offer, give or agree to give any employee of Hays County or for any employee to solicit, demand, accept or agree to accept from a vendor, a gratuity of consequence or any offer of employment in connection with any decision approval, disapproval, recommendation, preparation or any part of a program requirement or purchase request influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or controversy, any particular matter pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefore pending before this government.

Kickbacks: It shall be a breach of ethics for any payment, gratuity or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor for any contract for Hays County as an inducement for the award of a contract or order.

Contract Clause: The prohibition against gratuities and kickbacks prescribed above shall be conspicuously set forth in every contract and solicitation therefore.

Any effort to influence any employee, elected official, or department head to violate the standards of the code is grounds to void the contract. Please certify, by your signature below, that you understand the ethics policy of Hays County and in no way will attempt to violate the code.

SIGNATURE:

PRINT NAME & TITLE:

COMPANY NAME:

Hays County Practices Related to Historically Underutilized Businesses

1. STATEMENT OF PRACTICES

Hays County will strive to ensure that all businesses, regardless of size, economic, social or ethnic status have an equal opportunity to participate in the County’s procurement processes. The County is committed to promote full and equal business opportunity for all businesses to supply the goods and services needed to support the mission and operations of county government, and seeks to encourage the use of certified historically underutilized businesses (HUB’s) through the use of race, ethnic and gender neutral means. It is the practice of Hays County to involve certified HUBs to the greatest extent feasible in the County’s procurement of goods, equipment, services and construction projects while maintaining competition and quality of work standards. The County affirms the good faith efforts who recognize and practice similar business standards.

2. DEFINITIONS

Historically underutilized businesses (HUBs), also known as a disadvantaged business enterprise (DBE), are generally business enterprises at least 51% of which is owned and the management and daily business operations are controlled by one or more persons who is/are socially and economically disadvantaged because of his/her identification as a member of certain groups, including women, Black Americans, Mexican Americans, and other Americans if Hispanic origin, Asian Americans and American Indians.

Businesses include firms, corporations, sole proprietorships, vendors, suppliers, contractors, subcontractors, professionals and other similar references when referring to a business that provides goods and/or services regardless of the commodity category.

Certified HUB’s include business enterprises that meet the definition of a HUB and who meet the certification requirements of certification agencies recognized by Hays County, as expressed below.

Statutory bid limit refers to the Texas Local Government Code provision that requires competitive bidding for many items valued at greater than $50,000.

3. GUIDELINES

a. Hays County, its contractors, their subcontractors and suppliers, as well as all vendors of goods, equipment and services, shall not discriminate on the basis of race, color, creed, gender, age, religion, national origin, citizenship, mental or physical disability, veteran’s status or political affiliation in the award and/or performance of contracts. All entities doing business or anticipating doing business with the County shall support, encourage and implement affirmative steps toward a common goal of establishing equal opportunity for all citizens and businesses of the County.

b. Vendors and/or contractors desiring to participate in the HUB program must successfully complete the certification process with the State of Texas or Texas Unified Certification Program.

The vendor or contractor is also required to hold a current valid certification (title) from either of these entities.

c. Vendors and/or contractors must be registered with the State Comptroller’s web-based HUB directory and with the Comptroller’s Centralized Master Bidder’s List (CMBL). Hays

County will solicit bids from certified HUB’s for state purchasing and public works contracts.

4. Hays County will actively seek and encourage HUBs to participate in all facets of the procurement process by:

a. Continuing to increase and monitor a database of certified HUB vendors, professionals and contractors. The database will be expanded to include products, areas of expertise and capabilities of each HUB firm.

b. Continuing to seek new communication links with HUB vendors, professionals and contractors to involve them in the procurement process.

c. Continuing to advertise bids on the County’s website and in the newspapers including newspapers that target socially and economically disadvantaged communities.

5. As prescribed by law, the purchase of one or more items costing in excess of the statutory bid limit must comply with the competitive bid process. Where possible, those bids will be structured to include and encourage the participation of HUB firms in the procurement process by:

a. Division of proposed requisitions into reasonable lots in keeping with industry standards and competitive bid requirements.

b. Where feasible, assessment of bond and insurance requirements and the designing of such requirements to reasonably permit more than one business to perform the work.

c. Specifications of reasonable, realistic delivery schedules consistent with the County’s actual requirements.

d. Specifications, terms and conditions reflecting the County’s actual requirements are clearly stated, and do not impose unreasonable or unnecessary contract requirements.

6. A HUB practice statement shall be included in all specifications. The County will consider the bidder’s responsiveness to the HUB Practices in the evaluation of bids and proposals. Failure to demonstrate a good faith effort to comply with the County’s HUB practices may result in a bid or proposal being considered non-responsive to specifications.

7. Nothing in this practice statement shall be construed to require the County to award a contract other than to the lowest responsive bidder as required by law. This practice is narrowly tailored in accordance with applicable law.

Please sign for acknowledgement of the Hays County HUB Practices:

Signature Date

Hays County House Bill 89 Verification

I, _____________________________________ (Person name), the undersigned representative of

________________________________(Company or Business name, hereafter referred to as Company) being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and verify under oath that the company named above, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270:

1. Does not boycott Israel currently; and

2. Will not boycott Israel during the term of the contract.

Pursuant to Section 2270.001, 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” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit.

Signature of Company Representative Date

On this _____ day of ____________________, 20____, personally appeared ________________________________, the above-named person, who after by me being duly sworn, did swear and confirm that the above is true and correct.

NOTARY SEAL ____________________________________

Notary Public in and for the State of Texas

(if other than Texas, Write state in here ______________________)

Date

Hays County Purchasing Department Senate Bill 252 Certification

Pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named below is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the Hays County Purchasing Department.

Company Name

Print Name of Company Representative

Signature of Company Representative

CERTIFICATION CHECK PERFORMED BY HAYS COUNTY PURCHASING:

On this day; the Purchasing Representative for Hays County in San Marcos, Texas, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that I did review the website of the Comptroller of the State of Texas concerning the listing of companies that is identified under Section 806.051, Section 807.051 or Section 2253.253 and I have ascertained that the above-named company is not contained on said listing of companies which do business with Iran, Sudan or any Foreign Terrorist Organization.

Print Name of Hays County Purchasing Representative

Signature of Hays County Purchasing Representative

IFB/RFP/RFQ…