LF-2025-53 Abatement Mowing _ Debris Removal.pdf

PURCHASING DEPARTMENT

P. O. Box 591, Seguin, TX 78156 . 211 N. River, Seguin, TX 78155 . www.seguintexas.gov

It’s real.

CITY OF SEGUIN

205 N. RIVER

SEGUIN, TEXAS 78155

INVITATION FOR BIDS – Bid No. LF-2025-53

ANNUAL CONTRACT FOR

ABATEMENT MOWING & DEBRIS REMOVAL

Bids Due:

July 29, 2025, by 3:00 PM

Invitation for Bid

Bid No: LF-2025-53 Bid Title: Annual Contract for Abatement Mowing & Debris Removal Bids Due: Tuesday, July 29, 2025, by 3:00 p.m. Central Time

The City of Seguin is soliciting bids for an annual contract for Abatement Mowing & Debris Removal in accordance with the specifications contained herein. The City of Seguin will receive responses until the date and time indicated above. Bids shall remain valid for sixty (60) days.

Bids MUST be sent electronically through http://www.bidnetdirect.com/texas/cityofseguin until 3:00 p.m., Tuesday, July 29, 2025. Bids will be opened and organization’s names read publicly in the Council Chambers of City Hall at that time.

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

The City of Seguin reserves the right to reject or accept any and all proposals and to waive informalities.

Respondents are encouraged to read the entire document prior to submitting a bid. For questions regarding this Invitation for Bid please submit them through BidNet no later than July 16, 2025. Any clarification or interpretation of the specifications, if made, will be made only by written addendum issued by the City of Seguin Purchasing Department. Once issued, an addendum becomes a part of the bid documents. The City will not be responsible for any verbal explanation or interpretation of the bid made or given prior to the award of the contract.

http://www.bidnetdirect.com/texas/cityofseguin%20until%203:00

SPECIFICATIONS

1. INTRODUCTION

The City of Seguin is currently seeking qualified bidders to submit prices for private property Code Violation Abatement Services including the removal of environmental, zoning, building, and other related violations in accordance with the specifications contained herein.

2. TERM OF CONTRACT

The City intends to award an annual contract for Abatement Mowing & Debris Removal beginning October 1, 2025 through September 30, 2026, following City Council approval of said contract. The contract may be extended subject to written notice of agreement between the City and the successful respondent for three (3) additional one (1) year periods beyond the primary contract period. The City of Seguin will provide the contractor with written notice of intent to renew or desire to bid prior to the contract expiration date.

Either party may terminate this agreement with a thirty (30) day written notice.

3. BASIS OF AWARD

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

The City of Seguin reserves the right to reject any or all bids and to waive informalities.

4. SCOPE OF SERVICES

The Scope of Services applicable to this Contract shall include removal of environmental, zoning, building, and other related violations from private properties that have failed to comply with adopted City Codes. These services may include:

• Weed and grass mowing to a height not exceeding four (4) inches.

• Trimming along trees, structures, driveways, curbs, sidewalks, streets and alleyways as applicable.

• Securing structures.

• Removal and proper disposal of small accessory structures, prohibited construction materials, low-hanging limbs over streets and rights-of-way, garbage/trash/rubbish, stagnant water; and

• Other related violations upon request of the City’s Code Compliance Officer.

These services are hereinafter collectively referenced as “Abatement Services.”

Abatement Services under this agreement will be on an “as needed basis” as requested by the City’s Code Compliance Officer, and do not occur on a regular schedule.

For estimating purposes, the average number of abatement service projects is one hundred seventy-five

(175) per year. This data is not to be interpreted as being the actual quantities that the City will require during the period of this contract. Future quantities are not guaranteed. The actual quantities may increase or decrease. Respondents are advised that whether they use or do not use this data as an aid in submitting their proposal is entirely at the respondent’s discretion.

5. REQUIREMENTS

A. Contractor shall provide all labor, equipment, fuel, supplies, and transportation needed to perform the services. Contractor must have the equipment, personnel and skills needed for cutting properties consisting of grass heights in excess of forty-eight (48) inches in height.

B. Contractor shall purchase materials for the securing of a structure in accordance with the requirements to do such. All equipment needed to perform the securing will be provided by the Contractor. For removal of small accessory structures, Contractor shall provide all necessary equipment and take measures for proper debris removal. A dated receipt must be submitted with the invoice to verify the amount claimed on the invoice for reimbursement of materials costs to secure a structure. Payment for accessory structure removal shall be based on hourly rate for labor, tools and equipment, plus disposal costs. Proof of proper disposal must be evidenced by a dated receipt from a legal disposal site.

C. The contractor will be expected to schedule and complete all jobs within seven (7) days of notification, weather permitting. Working hours shall be between 7:30 a.m. and 8:00 p.m.

Contractor shall notify the City of any issues which may prevent completion of work within the time allowed.

D. Should Contractor fail to appear for a scheduled job, the City reserves the right to call another Contractor to perform the work and charge the increase in cost to the defaulting Contractor. If the Contractor is unable to respond due to conditions beyond his control, the City’s Code Compliance Officer should be notified immediately.

E. There will be no cost to the City for cancelled mowing when at least twenty-four (24) hour’s prior notice by the City has been given to the Contractor. Mowing will not be permitted when, in the opinion of the City, soil and weather conditions are such that the subject property may be damaged.

F. The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property either on or off the site, which occur as a result of the Contractor’s completion of the work. Any instances of property damage shall be reported immediately to the City’s Code Compliance Officer.

G. All equipment to be used by the Contractor shall meet commonly accepted commercial mowing and trimming standards and safety standards. Hauling equipment shall meet all safety standards and have current registration and insurance as required by law. Mowers used by Contractor for these Mowing Services shall be maintained in good operating condition and shall provide a clean, sharp cut of vegetation at all times. All equipment shall be approved by the City. The City reserves the right to inspect the equipment from time to time for the purpose of determining that it is in satisfactory compliance with the terms and conditions of the Contract.

H. Contractor employees shall be qualified to perform the work required by the Contract in order to provide immediate and prompt service as ordered and requested by the City. The Contractor shall assume any and all responsibility for the conduct of its employees. The Contractor guarantees that all of the employees performing under this contract will be adequately trained in their profession, be clean and neat in appearance, use language free of profanity, and treat members of the public courteously at all times.

I. All trash and debris in the mowing area shall be removed prior to mowing. Removal of grass clippings from work sites will generally not be required. The Contractor shall keep the work site clean and orderly during the course of the work and shall remove and properly dispose of all refuse which was collected in order to complete the work. Payment for debris removal shall be based on hourly rate for labor, tools and equipment, plus disposal costs. Proof of proper disposal must be evidenced by a dated receipt from a legal disposal site.

J. The City of Seguin has franchise agreements with the following Commercial Waste providers:

Apache Disposal Waste Connections Republic Services Tiger Sanitation 13333 IH 10 PO Box 69 4542 SE Loop 410 6315 S Hwy 87 E Marion, TX 78124 Seguin, TX 78156 San Antonio, TX 78220 San Antonio, TX 78222 830-914-3900 830-401-4209 210-648-5222 210-333-4257

K. If use of roll-off containers is necessary, Contractor will be required to use one of these companies for waste hauling unless the contractor’s company owns its own roll-off containers.

L. The Contractor will be responsible for furnishing and using all barricades, warning lights, signs, etc. necessary to protect his work and maintain traffic flow satisfactory to the City and Texas Department of Transportation (TxDOT). Warning devices shall be as required in the Texas Manual on Uniform Traffic Control Devices.

M. During non-working hours Contractor’s equipment shall not be left on City property or within thirty (30) feet of a City street or TxDOT road. The City will not be responsible for damages or acts of vandalism for equipment left on City property.

N. The requirements of this contract may not be subcontracted by the Contractor without the prior written approval of the City of Seguin.

6. INSURANCE

The vendor shall, at all times during the period in which contract is in force and effect, provide and maintain insurance of the type and in limits as set forth in Attachment A. Commercial general liability insurance will be written with the City as an additional insured and will be endorsed to provide a waiver of the carrier’s right of subrogation against the City. Bidders are required to submit the completed City of Seguin Insurance Requirement Affidavit form with their bid. Prior to the commencement of any work under this Contract, Contractor shall furnish an original completed Certificate of Insurance to the City’s Purchasing Manager. A Vendor’s failure to provide evidence of insurance coverage is a material breach and grounds for withdrawal of the award or termination of the contract.

7. PREPARATION OF BID

A. Statement of Qualifications - Bidders shall submit a written summary of their company’s qualifications.

B. The attached Bid Form is to be filled out as specified on the form. Failure to utilize Bid Form will result in disqualification.

C. All prices shall be submitted as specified on the Bid Form. “No Bid” shall be marked on all items for which bidder does not wish to bid.

D. Bidders shall complete the References and Questionnaire form. Provide a list of three (3) references of clients that have a current contract for services, or have had a contract within the past five (5) years and answer a few questions about your company. You may use your own format as long as all information requested in the References and Questionnaire form is included.

8. INVOICING

A. Contractor’s invoices shall be submitted to the City within 10 days of performance of abatement services.

B. Invoices shall include the following details:

• Location (address and/or parcel number).

• Dates and time of work performed.

• Description of work performed, (for example, “mowing”, “trash removal”, “boarded up a window”etc.).

• Number of workers used to complete the job and number of hours worked by each, Labor rate is for each person per hour worked on the job.

• Itemized list of heavy equipment used (for example, “front end loader” or “tractor”) Heavy equipment rate is per piece of equipment per hour used.

• Itemized list of hauling equipment used (for example, “truck and trailer” or “dump truck”Hauling equipment rate is per piece of equipment per hour used. A trailer is not a separate piece of equipment but should be billed in combination with a truck.

• Tools charge is per hour for any combination of tools used on a job. Tools are not to be billed individually.

C. Dated receipts with load details from any disposal sites used must be included with invoice for reimbursement.

D. Dated receipts with detailed quantity and descriptions for materials used in securing structures must be included with invoice for reimbursement.

E. Invoices shall be sent directly to the City of Seguin, ATTN: Planning & Codes Department, 108 E. Mountain St., Seguin, TX 78155. Payments will be processed within thirty (30) days of receipt of invoice or following acceptance of completed work.

BID FORM

Bid #LF-2025-53

Abatement Mowing & Debris Removal BID DUE DATE: July 29, 2025 at 3:00 P.M.

HOURLY

DESCRIPTION RATE

LABOR

(laborer, machine operator, etc.)

Hourly price per person

HEAVY EQUIPMENT

(mowers, front end loader, etc.)

Hourly rate per piece of heavy equipment used

HAULING EQUIPMENT

(truck and trailer, dump truck, etc) Hourly rate per piece of hauling equipment used

TOOLS

(trimmers, hand tools, etc.)

Hourly rate for use of any and all tools needed on a job

References and Questionnaire Form

Failure to submit this information may disqualify your bid. You may use your own format as long as all information requested in this form is included.

Contact Information

Name of Organization:____________________________________________

Address:_______________________________________________________

Phone:_____________________________

E-mail:____________________________

References

1. Reference #1: ________________________________________________________________

Contract Amount: _____________________________________________________________

Owner: _____________________________________________________________________

Owner Contact: _________________________Phone No._____________________________

Scope of Work: ______________________________________________________________

2. Reference #2: ________________________________________________________________

Contract Amount: _____________________________________________________________

Owner: _____________________________________________________________________

Owner Contact: _________________________Phone No._____________________________

3. Reference #3: ________________________________________________________________

Contract Amount: _____________________________________________________________

Owner: _____________________________________________________________________

Owner Contact: _________________________Phone No.____________________________

How long has your company been performing the type of work called for in this contract? _______

How many employees does your company employ? ____________________

Have you ever failed to complete any work awarded to you? ____________

If yes,explain:________________________________________________________________

Have you ever defaulted on a contract? _________

If yes,explain:________________________________________________________________

List major equipment for this contract:

Submittal Requirements

We want to remind all digital bidders of the required submission order for the bidding documents. Proper adherence to this order ensures smooth processing and evaluation of your bids. The City may not evaluate or consider submittals missing one or more of the following submission materials.

When submitting your bid digitally, please ensure that the following documents are included in the specified order:

1. Statement of Qualifications: A statement of company’s qualifications and other pertinent information that shows that the contractor has the knowledge, experience, labor, and equipment needed to perform the services required herein.

2. Bid Form: Requires bidders to include their proposed price, project scope, and relevant details, ensuring a consistent and transparent bidding process.

3. References and Questionnaire Form: List three references of clients that have a current contract for services or have had a contract within the past five (5) years and answer a few questions about your company. You may use your own format as long as all information requested in the References and Questionnaire form is included.

4. Bidder's Exception Form: If there are any exceptions or deviations from the terms stated in the bid documents, please clearly outline them in this form.

5. Certificate of Corporate Bidder: This document verifies the legal status of your corporation as an eligible bidder.

6. CIQ Form: The Conflict of Interest Questionnaire provides essential information about your company.

7. Insurance Requirement Affidavit: This affidavit confirms that you meet the insurance requirements specified in the bid documents. Proof of comprehensive general liability insurance and worker’s compensation insurance that meet the requirements listed in Attachment A.

Please ensure that all documents are correctly filled out, signed, and submitted in the order mentioned above.

Failure to adhere to this order may result in delays or complications during the evaluation process.

Thank you for your attention to this matter, and we look forward to receiving your bids.

ADDENDUM FORM

Bid # LF-2025-53

Receipt is hereby acknowledged of the following Addenda to the Specifications:

ADDENDUM NO. 1 DATED __________________ ADDENDUM NO. 4 DATED __________________

ADDENDUM NO. 2 DATED __________________ ADDENDUM NO. 5 DATED __________________

ADDENDUM NO. 3 DATED __________________ ADDENDUM NO. 6 DATED __________________

• The Undersigned affirms that it is duly authorized to submit this bid, that this bid has not been prepared in collusion with any other bidder, and that the content of this bid as to prices, terms, or conditions of said bid has not been communicated to any other bidder prior to the official opening of this bid.

• The Undersigned certifies that pursuant to Section 2270.002 of the Texas Government Code, Bidder does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation.

• The Undersigned certifies that pursuant to S.B 19, Bidder does not boycott energy companies and will not boycott energy companies during the term of the contract.

• The Undersigned certifies that pursuant to S.B. 13, Bidder does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the contract against a firearm entity or firearm trade association.

Company Name Authorized Signature

Address Printed Name

City, State, Zip Code Title

Phone No. Date

Email Address: ___________________________________________________

BIDDER’S EXCEPTION FORM

Abatement Mowing & Debris Removal

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

STATEMENT OF BIDDER:

WE PROPOSE THE FOLLOWING EXCEPTIONS TO THE SPECIFICATIONS:

PAGE/

SECTION PARAGRAPH # EXCEPTION

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

Company Name Authorized Signature

CERTIFICATE OF CORPORATE BIDDER

CERTIFICATE OF CORPORATE BIDDER

I, _________________________________, certify that I am _________________________(title)

Of the corporation named as Bidder herein; that _____________________________________ who signed this bid on behalf of the Bidder, was then ________________________________ (title) of said corporation;

that said bid was duly signed for and on behalf of said corporation by authority of its governing body and is within the scope of its corporate powers.

Signature of Officer: ______________________________________

Type or Print Name: ______________________________________

Title of Officer: __________________________________________

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

FORM CIQ

OFFICE USE ONLY

Date Received

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

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

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

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

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

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

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

Name of Officer

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

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

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

Yes No

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

Yes No

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

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

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

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

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

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

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

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

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

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

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

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

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

(2) the vendor:

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

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

or

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

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

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

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

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

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

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

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

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

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

(1) the date that the vendor:

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

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

(2) the date the vendor becomes aware:

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

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

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

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 12/22/2017

FORM 1295CERTIFICATE OF INTERESTED PARTIES

OFFICE USE ONLOFFICE USE ONLOFFICE USE ONLOFFICE USE ONLOFFICE USE ONLYYYYY

6 UNSWORN DECLARATION

My name is _______________________________________________________, and my date of birth is _______________________________.

My address is ________________________________________________, ___________________, _______, __________, ______________.

(street) (city) (state) (zip code) (country)

I declare under penalty of perjury that the foregoing is true and correct.

Executed in ___________________ County, State of ______________ , on the _______ day of _______________, 20______.

(month) (year)

Signature of authorized agent of contracting business entity (Declarant)

ADD ADDITIONAL PAGES AS NECESSARY

Name of Interested Party Nature of Interest (check applicable)City, State, Country

(place of business) Controlling Intermediary

Name of governmental entity or state agency that is a party to the contract for which the form is being filed.

3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract.

Complete Nos. 1 - 4 and 6 if there are interested parties.

Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.

1 Name of business entity filing form, and the city, state and country of the business entity's place of business.

Check only if there is NO Interested Party.

Mus t fi le on lin e a t w ww.et hic s.s tat e.t x.u s/F ile

Contract for Abatement Services

THIS AGREEMENT, made and entered into this 1st day of October, 2025 by and between (“Contractor”), a company in , County, Texas, and the City of Seguin, a home-rule municipal corporation, organized and existing under the laws of the State of Texas, acting through its City Manager or other duly authorized designee, hereinafter termed "City."

That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City and Contractor, Contractor hereby agrees to commence and substantially complete within seven (7) days after the receipt of a written work order the removal of environmental, zoning, building, and other related violations set forth in the work order. All work is to be performed at Contractor’s own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with this Agreement. All work shall be performed as set forth in the bid proposal that is attached hereto as Exhibit A, and incorporated as if fully set forth herein.

Contractor agrees to perform the work and City agrees to pay Contractor as set forth in the bid proposal that is attached hereto, and incorporated as if fully set forth herein.

City and Contractor hereby agree to the following additional terms and conditions:

Term and Termination.

The term of this contract shall be for one year, October 1, 2025 to September 30, 2026, with options to renew annually for three (3) additional one-year periods at the prices stated.

Without prejudice to any other legal or equitable right or remedy that the City would otherwise possess hereunder or as a matter of law the City, upon giving the Contractor five (5) days prior written notice, shall be entitled to terminate this Agreement in its entirety at any time for the following:

(1) If the Contractor becomes insolvent, commits any act of bankruptcy, makes a general assignment for the benefit of creditors, or becomes the subject of any proceeding commenced under any statute or law for the relief of debtors; or

(2) If a receiver trustee or liquidator of any of the property or income of the Contractor shall be appointed; or

(3) If the Contractor shall fail to prosecute the work or any part thereof with diligence necessary to ensure its progress and completion as prescribed by the time schedules; or

(4) If the Contractor shall fail to remedy any default within five (5) days after written notice thereof from City; or

(5) If the Contractor commits a default under any of the terms, provisions, conditions, or covenants contained in this Agreement.

Breach of Contract. The City shall have the right to declare the Contractor in breach of this Agreement for cause when the City determines that this Agreement is not being performed according to its understanding of the intent and meaning of this Agreement. Such breach shall not in any way invalidate, abrogate or terminate the Contractor’s obligations under this Agreement.

Insurance and Indemnification

(a) Insurance. Contractor shall procure and maintain, at Contractor’s expense, insurance with insurance companies authorized to do business in the State of Texas, covering all operations under this Agreement, whether performed by the Contractor or Contractor’s agents, subcontractors or employees. Before commencing the work the Contractor will furnish to the City a certificate or certificates of insurance, in form satisfactory to the City, showing that Contractor has complied with this paragraph. All certificates will provide that the policy will not be changed or canceled until at least 30 calendar days written notice will have been given to the City. Commercial general liability insurance and motor vehicle insurance will be written with the City of Seguin, Texas as an additional insured and will be endorsed to provide a waiver of the carrier’s right of subrogation against the City. The kinds and amounts of insurance required are set forth in the Exhibit to the Proposal that is attached to this Agreement.

(b) Indemnification. Contractor shall INDEMNIFY, DEFEND, AND HOLD

HARMLESS, City, its officers, agents and employees from and against any and all suits, actions, claims, damages, losses, and expenses of any character, name and description, including, but not limited to, attorney’s fees, arising out of or resulting from the operations of Contractor, his agents, employees or subcontractors; or on account of any negligent act of fault of Contractor, his agents, employees or subcontractors in construction of the Improvements, including, but not limited to, any such claim, damage, loss or expense attributable to bodily or personal injury, sickness, disease or death, or to injury to or destruction of tangible property including the loss of use resulting therefrom, and shall pay any judgment, with costs, which may be obtained against the City growing out of such injury or damage. Nothing herein shall waive any governmental immunity available to the city under Texas law and any defenses of the parties under Texas law.

General Provisions

Venue. The parties herein agree that this Agreement shall be enforceable in Guadalupe County, Texas, and if legal action is necessary in connection therewith, exclusive venue shall lie in Guadalupe County, Texas.

Independent Status. It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Seguin, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other. City shall not have supervision and control of Contractor or any employee of Contractor.

Amendment. No amendments to this Agreement shall be effective and binding until it is reduced to writing and signed by duly authorized representatives of both parties.

Litigation Costs. In the event of litigation, the Contractor agrees to pay and shall pay all of the attorney's fees, court costs and other litigation costs of City.

Texas Law. This Agreement has been made under and shall be governed by the laws of the State of Texas.

Waiver. Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in any way affect the validity of this Agreement, any part hereof, or the right of the City party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach.

Headings. The article headings are used in this Agreement for convenience and reference purposes only and are not intended to define, limit, or describe the scope or Intent of any provision of this Agreement and shall have no meaning or effect upon its interpretation.

Invalidity. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties.

Written Notice. Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to any officer of the corporation for whom it is intended or if it is delivered or sent certified mail to the last business address as listed herein. Each party will have the right to change its business address by at least ten (10) days written notice to the other parties in writing of such change.

Entire Agreement. It is understood that this Agreement and its Exhibits contain the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent or employee of the City, either before or after the execution of this Agreement, shall affect or modify any of the terms or obligations hereunder.

IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written.

CITY OF SEGUIN, TEXAS:

Steve Parker, City Manager

CONTRACTOR:

Revised November 19, 2024

GENERAL CONDITIONS OF BIDDING

These general conditions apply to any procurement of products or services by the City of Seguin.

Failure to comply with these General Conditions of Bidding may result in the bid being disqualified.

1. DEFINITION OF TERMS

A. “Bid documents” mean the entire packet of documents provided to bidders, including, but not limited to the General Conditions of Bidding, General Conditions of Agreement, General and/or Technical Specifications, Special and Supplementary Conditions, Information to Bidders, Bid Form(s) and any Addendum.

B. “Bidder” means a person or firm submitting a bid, proposal, or quote to provide equipment, material, and/or services necessary in the performance of these specifications and competing for award of a contract.

C. “Bid” or “Proposal” means an offer to perform or provide the requirements specified herein.

“Furnish” or “provide” means to supply, equip, and deliver the specified equipment, material and/or services to the Purchaser.

D. “Formal Bid” is a formally advertised solicitation for acquiring goods, services, and construction that requires a public opening of sealed bids or proposals, generally $50,000 or more.

E. “Informal Bid” is a competitive bid or price quotation for supplies or services under $50,000 that is conveyed by letter, telephone, or other means and does not require a sealed bid, public opening, or public reading of bids.

F. “City”, “Purchaser”, or” Owner” shall refer to the City of Seguin, PO Box 591, Seguin, Texas 78156- 0591.

G. “Contract” means the contract awarded pursuant to this solicitation.

H. “Contractor” or “Vendor” means the bidder to which a contract award has been made by the City.

I. “Purchase Order” means the document issued by the City that creates a legal binding contract between the City and the Contractor and authorizes the Contractor to ship goods pursuant to the

2. SUBMISSION OF BIDS

A. All bids must be on blank forms furnished by the Purchasing Department and must be written in ink or typed. Pencil quotations will not be considered. Proposals must be submitted on the forms or in the format called for in specifications. Each must be executed personally by the bidder, or if executed by an agent, a power of attorney or other evidence of his authority to act on behalf of the bidder must accompany the bid. If the bidder is a corporation, the certificate of corporate bidder must be executed under the corporate seal by some duly authorized officer of the corporation other than the officers signing the bid. By execution of the bid, the bidder accepts all general and special conditions of the contract and the specifications.

B. Formal sealed bids and proposals must be received at the date, time, and place specified in the bid document packaged in a sealed envelope (8 1/2” x 11” minimum) clearly marked with the bid or project name, bid number, and date/time of opening, unless otherwise specified. An early postmark will not suffice. Bids and proposals will be publicly opened and read followed by evaluation and award at a later date. Formal bids and proposals ($50,000 or higher) may NOT be faxed or submitted via e-mail.

C. Informal bids are due at the date, time, and place stated in the bid document. Informal bids (less than $50,000) may be faxed or submitted via e-mail.

D. Each Bidder agrees that its price will remain firm and subject to acceptance by the City for a period of sixty (60) calendar days from the bid opening date. The prices quoted in the bid shall not be subject to escalation except where otherwise clearly indicated by the Bidder or by the City in bid documents. The basis for the escalation shall be clearly indicated in either case.

E. All information required by the bid documents will be furnished. The bidder will print or type its name, in ink, and manually sign the bid sheet. The bid sheet, with original signatures, must be submitted.

F. All prices shall be quoted as required in the specifications. Unit prices will be shown when called for on the bid sheet, and where there is a conflict between the unit price show and the total price shown, the unit price will govern.

G. No change in price will be considered after bids have been opened. The City reserves the right to negotiate prices as submitted by proposal as allowed by state statute.

H. In case of ambiguity or lack of clarity in stating prices in the bid, Purchaser reserves the right to adopt the price written in words or reject the bid. Any ambiguity in the bid as a result of omission, error, unintelligible or illegible wording shall be construed in the favor of the City.

I. If this bid is altered, any erasure or alteration of figures on the item on which the erasure or alteration is made must be initialed by signee of this bid.

J. The City reserves the right to extend the bid closing time and date. Notification will be made by addendum.

K. The City reserves the right to increase or decrease the quantity specified, unless the bidder specified otherwise.

3. WITHDRAWAL OF BIDS

A. A Bidder may withdraw a bid before Council acceptance of the bid without prejudice to himself by a written request addressed to the Purchasing Manager.

B. When the mistake was a result of a bidder’s negligence, and City has no knowledge of the mistake when bids were opened, and awarded a contract based on the bid, bidder will not be released and shall be bound by the bid.

C. If a mistake is not discoverable and verifiable by the City, bidder’s incorrect interpretation of Engineering specifications set forth in a construction contract will not release him from his obligations, once a contract has been awarded by City Council and bidder has received notice of such award.

4. GENERAL CONDITIONS

Bidders will submit their bids or proposals upon the following express conditions:

A. Bidders shall thoroughly examine all drawings, specifications, plans, schedules, instructions, and all other contract documents pertaining to this bid.

B. Bidders shall make all investigations necessary to thoroughly inform themselves regarding plant and facilities for delivery of materials or equipment as required by the bid conditions. No plea of ignorance by the Bidder of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the Bidder to make the necessary examinations and investigations will be accepted as a basis for varying the requirements of the City or the compensation to the vendor.

C. If any bidder is in doubt as to the true meaning of the specifications, other bid documents, or any part thereof, they may submit a written request for clarification to the Purchasing Manager. A request for clarification should be submitted by the deadline, if any, indicated in the specifications.

D. All materials, equipment, supplies which are new, non-standard to the City of Seguin, and/or items which are to be listed as an alternate or exception must be pre-approved PRIOR to placing them on a bid proposal. In order to fairly evaluate all bids, sufficient time requirements for possible field testing or demonstrations should be allowed.

E. Bidders are advised that City contracts are subject to all legal requirements under Local, State and Federal statutes, ordinances, and regulations. Any bid, after being opened, becomes subject to the Public Information Act, Government Code Chapter 552; therefore bidders must clearly indicate any portion of the submitted bid that the bidder claims is not subject to public inspection under the Public Information Act.

F. No officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, or shall benefit financially, directly or indirectly, in the sale to the City of any materials, supplies or services, except on behalf of the City as an officer or employee.

G. The City of Seguin is committed to maintaining fair and open competition as required by local, state, and federal laws and statutes. Every effort is made to maintain the highest level of ethical conduct in every aspect of the procurement process. Sharp business practices or high-pressure tactics will not be tolerated. Qualification and selection of vendors is based on those vendors who share the same high standards of ethical conduct.

5. DESCRIPTION OF GOODS

A. Any catalog or manufacturer’s reference in this bid is merely descriptive, and not restrictive, unless otherwise noted, and is used only to indicate type and quality of material. Any such references are made a part of these contract documents as if incorporated verbatim herein.

B. The term “Or Equal”, if used, is intended to allow substitution of a brand which has all the essential performance, features, reliability, and other salient characteristics as the brand name and model stated in the item description. “Or Equal” is intended to establish a level of quality and function and is not to be interpreted as a preference for a particular brand. Other brands meeting these minimum requirements will be accepted. Bid submitted on an “Or Equal” item must clearly identify the proposed product, the quantity of the product, model, and type, as applicable.

C. Alternate bids will not be considered unless expressly authorized by the bid documents.

6. PREPARATION OF BID

Bidders will prepare bids in accordance with the following:

A. Specifications are written to encourage competition. The specifications herein shall be the basis of comparison between bidders. There is no intent to discriminate against any supplier or vendor but rather to set a definite standard of performance. Bidders are required to quote services and/or equipment that will meet or exceed the minimum or maximum specifications herein.

B. Any omission in the specifications of any minor requirement necessary to make each unit complete and functional shall not relieve the Supplier of responsibility to furnish any material or equipment necessary.

C. The City reserves the right to request clarification to assist in evaluating the bidder’s response when the bid response is unclear with respect to product pricing, packaging or other factors. The information provided is not intended to change the bid response in any fashion and such information must be provided within two days from request.

D. Bidders shall not include federal taxes nor State of Texas limited sales, excise and use taxes in bid prices since the City of Seguin is exempt from payment of such taxes under section 151.309 of the Texas Tax Code.

E. By submitting a bid, each bidder certifies that it is a duly qualified, capable, and bondable business entity, that it is not in or contemplating bankruptcy or receivership and that it is not currently delinquent with respect to payment of taxes assessed by any political subdivision.

F. By submitting a bid, each bidder certifies that it does not currently owe any money to the City.

G. The City is exempt from the Federal Excise and Transportation Tax, and the Limited Sales and Use Tax.

Unless the bid form or specification specifically indicates otherwise, the price bid must be net exclusive of the above-mentioned taxes and will be so construed.

H. Prompt payment discounts will not be considered in determining low bids and making awards.

7. BID DEPOSIT

No bid deposit will be expected of bidder UNLESS specifications expressly provide otherwise. If a bid bond is required, the submitted bond may be in the form of a cashier’s check, cash, a certified check made payable to the City of Seguin or an original bond submitted in the form required by the City in the Bid Documents. The bond shall be executed by a surety authorized by the Texas State Insurance Commission and must be signed by both the surety and the bidder. Should a bid deposit be presented in a form not acceptable to the City, the bid will not be considered.

8. EXCEPTIONS

If Bidder takes exceptions to any provisions of the specifications, the exceptions must be specifically and clearly identified by section in Bidder’s bid, and Bidder’s proposed alternative must also be provided in the bid. Bidders cannot take a ‘blanket exception’ to the entire bid document.

9. ADDENDA

Any clarification or interpretation of the bid, if made, will be made only by written addendum issued through the Purchasing Department and signed by the City of Seguin Purchasing Manager. A copy of such Addendum will be mailed or delivered to each person receiving bids. Addenda to the bid documents may be issued in response to a request for clarification or objection, or for any other reason the City considers advisable. Once issued, an addendum becomes a part of the bid documents. All addenda can be viewed and downloaded at the City’s website: www.seguintexas.gov.