RFP 2026-024 City-Owned Historic Property Reuse_Final.pdf

Request for Proposals RFP No. 2026-024

City-Owned Historic Property Reuse Issue Date: August 12, 2026

Closing Date & Time: October 8, 2026, 2:00 P.M. CDT

Thank you for your interest in investing in Downtown Pflugerville!

The City of Pflugerville is always mindful and extremely appreciative of the time and eƯort that go into preparing Proposals. Requests for information/ clarification should be sent through Bidnet Direct Texas.

Electronic Proposals will be received through: https://www.bidnetdirect.com/texas/city-of-pflugerville

Project Representative: Emily McGraw, Procurement Specialist Bids@pflugervilletx.gov

Non-Mandatory Pre-Submittal Meeting Date: August 20, 2026 @ 3:00 P.M. (CDT) Meeting Location: Microsoft Teams meeting Microsoft Teams meeting Join: https://teams.microsoft.com/meet/24612874955810?p=mJVJCT0tzT2FNOPIWn Meeting ID: 246 128 749 558 10 Passcode: Qz9cV7FP Need help? | System reference Dial in by phone +1 512-387-8593,,229388086# United States, Austin Find a local number Phone conference ID: 229 388 086# For organizers: Meeting options | Reset dial-in PIN Bid Opening Date: October 8, 2026 @ 2:01 P.M. (CDT) Microsoft Teams meeting Join: https://teams.microsoft.com/meet/218197120544344?p=3BFrllSx8DWXDrDuiq Meeting ID: 218 197 120 544 344 Passcode: RS933vK3 Need help? | System reference Dial in by phone +1 512-387-8593,,811806906# United States, Austin Find a local number Phone conference ID: 811 806 906#

For organizers: Meeting options | Reset dial-in PIN

Table of Contents

REGISTER INTEREST

1. Opportunity

2. Introduction …………………………………………………………………………………………………….. 5

3. Description of Procurement Process

4. Definitions

5. Description of Opportunity

6. Site Information

7. Proposals Content and Submittal Requirements

8. Appendix

9. Forms to Complete and Return

RFP No. 2026-024

REGISTER INTEREST

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

Company/Firm: ____________________________________________________________________________

Name of Contact Person(s): ________________________________________________________________

Email(s): ___________________________________________________________________________________

Telephone: ___________________________________ Fax: _________________________________________

Mailing Address:____________________________________________________________________________

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

Notices and addenda are posted on the City’s website and can be accessed at: www.bidnetdirect.com/texas

City of Pflugerville P.O. Box 589

Pflugerville, Texas 78691

1. Opportunity The City of Pflugerville is seeking an owner-operator to occupy the building and assume complete operational responsibilities, including property management, facility oversight, and all aspects of day-to-day commercial operations at the historic property located at 101- 105 E Pecan St. The Site is advantageously located within the City’s Downtown core along E.

Pecan Street. This represents a unique opportunity for historic site activation at a prime location in this fast-growing community.

The City is open to a long-term lease arrangement, lease-to-own structure, or sale to the operator that can activate the site and drive foot traƯic to downtown Pflugerville. The ideal user includes a food and beverage, retail, or entertainment business that aligns with the broader goals of downtown revitalization.

2. Introduction Pflugerville is located in Travis County, in Central Texas, adjacent to Austin and approximately 15 miles north of the Texas Capitol. Pflugerville is a fast-growing community in Texas that provides accessibility, location, great schools, and exceptional quality of life to create a desirable place to live, work, and invest. Since 2000, Pflugerville has experienced rapid growth, bringing the desire to reinvest in Pflugerville’s historic core, Downtown Pflugerville. Downtown was the City’s first commercial center with bustling businesses situated along the Missouri-Kansas (MoKan) railroad line. What was once an agricultural community with a population of 452 in 1968 has grown into one of the fastest-growing cities with a population over 80,000 within the city limits and another approximately 30,000 in the extra-territorial jurisdiction.

2.1 Vision & Strategic Planning

By 2040, Pflugerville’s vision is to become a community that thrives as a modern and charming community, fostering an atmosphere of inclusion for its diverse culture and heritage, while creating first-rate parks, vital infrastructure, employment opportunities, and entertainment options. A key component of that vision is the opportunity to revitalize Downtown Pflugerville, which is further supported by the following action items in the adopted Strategic Action Plan 2026-2030:

Action 3.1: Activate and revitalize Downtown as a truly unique destination.

Action 3.2: Encourage and pursue the creation of cultural and tourist destinations. (e.g., museums, art galleries, etc.)

Action 4.3: Encourage high-quality mixed-use development that encourages green spaces and walkability.

Action 5.4: Encourage new businesses to create deep connections with the community.

Action 6.3: Capitalize on the game-changing Downtown revitalization.

2.2 Downtown Planning

The Downtown Action Plan expands upon and provides for an implementation schedule of the 2009 Old Town Pflugerville Vision Report's action items. The Old Town Pflugerville Vision Report outlined the top 10 desired characteristics for the revitalization of Downtown and providing for a balance of opportunities to live, learn, work, and play. The Downtown Action Plan, representing the City's continued support and commitment to Downtown, was adopted on September 18, 2018, and updated on February 8, 2022.

2.3 Downtown Planning & Investment Timeline

2.4 Additional Resources

Downtown Action Plan (2022-2027) Energizing the Core: A Downtown Pflugerville Study (2025) Downtown East Project Updates Downtown Streetscape Master Plan (2024) Downtown Utility Analysis (2021) Downtown Parking Study (2019) Other Downtown Pflugerville Resources Aspire Pflugerville 2040 Comprehensive Plan Strategic Action Plan 2026-2030

3. Description of Procurement Process The City of Pflugerville, Texas (“City”) will evaluate the responses it receives to this Request for Proposals (“RFP”) and may establish, according to criteria generally outlined herein, a shortlist of Respondents invited to interview with the City. The City will select a successful Respondent to begin negotiations for an agreement for award and execution. The City reserves the right not to select any Respondent should none of the responses satisfy the City’s criteria.

3.1 Overall Schedule

The City anticipates carrying out this procurement process according to the following schedule. Please note that this is tentative and may be modified during the selection process at the City of Pflugerville's discretion. Meeting links can be found on page 2.

Activity Completion Time/Date Issue RFP August 12, 2026 Non-Mandatory Pre-Submittal Meeting (Microsoft Teams LINK)

August 20, 2026

Site Visit (optional upon request) August 20, 2026 Deadline for Questions Regarding the RFP via Bidnet September 9, 2026 Q&A and/or Addendum Posted September 16, 2026 Proposals Due by 2:00 p.m. October 8, 2026 Opening of Proposals at 2:01 p.m.

(Microsoft Teams LINK)

October 8, 2026

Selection Committee Review By October 22, 2026 Notification of Respondents Invited for Interviews October 23, 2026 Respondent Interviews TBD - October 29, 2026 Successful Respondent Recommendation TBD – November 2026 Successful Respondent Selection by City Council TBD – By December 2026 Agreement Negotiation TBD

3.2 Pre-Submittal Meeting (Non-Mandatory)

A non-mandatory pre-submittal meeting for this RFP will be held at the time and date listed in the table above, where a link to the virtual Microsoft Teams meeting is included. ). The purpose of this meeting is to address Respondents’ questions arising from their review of the RFP and is for informational purposes only. Interested parties shall remain eligible to submit a Proposal if they do not attend the meeting.

3.3 Bid Opening

At the proposal deadline, the City will host a public bid opening at which bidder names will be announced. The meeting will be held via Microsoft Teams at the link in the table above.

3.4 Contact with the City of Pflugerville

Questions concerning the solicitation must be submitted through Bidnet Direct Texas on or before the date shown in the schedule in 3.1. Contact with someone other than the Project Representative listed above concerning this solicitation may be grounds for removal from consideration.

3.5 Questions and Requests for Clarification; Addenda

Interpretation, modification, corrections, or changes to the solicitation documents will be made by addenda issued by the City of Pflugerville. Addenda will be made available at www.bidnetdirect.com/texas.

Interested Respondents are encouraged to return the Register Interest form on page 3.

4. Definitions The following definitions apply to this document and the transaction between the City and the selected Respondent unless otherwise defined in the context.

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

(2) “Respondent” means and refers to those who submit a response to this solicitation.

(3) “RFP” means and refers to this Request for Proposals.

(4) “Site” means and refers to the City-owned building located at 101 and 105 E. Pecan Street in downtown Pflugerville.

5. Description of Opportunity

5.1 Project Introduction & Project Goals

The City of Pflugerville seeks an owner-operator to activate the Site, occupy the asset, and assume complete operational responsibilities, including property management, facility oversight, and all aspects of day-to-day commercial operations. The proposal should address not only the proposed use but also how the Respondent will maintain the building and the surrounding land, and enhance the building's existing historical aesthetic and feel.

The City is committed to creating a vibrant, energetic destination in Downtown Pflugerville and desires this site to be activated with a focus on the following goals:

Create a vibrant and distinct destination Connect and complement the neighborhood Support local and unique businesses Enhance Downtown’s identity and sense of place Leverage public assets Catalyze private investment Downtown

The City desires the project to be of high-quality that draws interest from the community and foot traƯic to the Site. Ideal uses include:

Restaurant, Food & Beverage Retail Entertainment

5.2 Transaction Structure and Financing

The City seeks an operator to take over all aspects of operation, including, but not limited to, insurance, interior and exterior maintenance, landscaping, and other commercial property responsibilities. To that end, the City is open to a long-term lease, ground lease, lease-to-own structure, fee simple sale, or other similar transaction structure.

If a lease is proposed, the proposal should address base rent, rent escalations, term options, lease structure, and other key lease elements.

If a fee simple sale is proposed, the proposal should address price, timing of the sale, conditions of closing, and any other transactional considerations.

5.3 Incentives

The City of Pflugerville may consider incentives to fill a financial gap for the selected Respondent, such as a tenant credit to oƯset up-front capital expenses, expedited permit review, and other similar tools that support positioning the project for long-term sustainability, advancing downtown revitalization goals, and appropriately activating this historic structure.

6. Site Information

6.1 Site Data

The City owns three lots within Downtown Pflugerville, totaling approximately 0.26 acres, located at 101 and 105 E Pecan Street (Lots 10, 11, and 12, Block A, Town of Pflugerville). The site is surrounded by a mix of commercial and residential development. A site context map and survey can be found in the Appendix (Section 8.1).

TCAD

Parcel ID

Situs Address Legal Description Acres

274611 101 E Pecan St 105 E Pecan St

Lot 10-12, Block A, Pflugerville Plat 0.26

6.2 Building Description

101 & 105 E Pecan St

Situated in Pflugerville's historic downtown area, the Site contributes to the vibrant and diverse local business community. The surrounding area is known for its blend of historic charm and modern amenities, making it an attractive destination for both residents and visitors.

Most Recent Uses: The Site is home to a 1,845 square foot building built in 1947 that has a rich history of hosting various businesses and is currently demised into two spaces. Most recently, it was home to Delton’s Pecan Street Barber Shop, which occupied a portion of the building. East Pecan Cigars currently occupies the remaining portion of the building and has a month-to-month lease with the City.

Parking: The Site currently accommodates six onsite parking spaces with the potential for up to 13 spaces with improvements. The spaces are currently unpaved and unstriped.

Utilities: The buildings are served by City of Pflugerville water and wastewater utility services. Oncor is the wholesale electric provider.

Facilities Assessment: A high-level facilities assessment is included in the Appendix (Section 8.4). A more detailed property condition report is available upon request.

6.3 Zoning and Development Requirements

The property is zoned General Business 1 (GB1) and is subject to the Downtown District Overlay. The desired uses are eligible under this zoning designation. No rezoning is anticipated.

The General Business 1 (GB1) district is designed to accommodate a full range of retail and oƯice uses with a city-wide and even regional trade area. These types of commercial uses are conducted wholly within an enclosed building. The uses in this district have operating characteristics and traƯic service requirements compatible with typical oƯice, retail, shopping, and high-density residential environments.

The Downtown District Overlay is intended to serve multiple purposes, including preservation and enhancement of the City’s Downtown of historical, cultural, and architectural significance by providing for land use compatibility provisions and special development regulations which promote the historic preservation, compatible architectural character, scale, walkability, and economic viability of the area. Site circulation, parking, landscaping, and exterior lighting development standards shall apply to the overlay district.

Additional zoning information can be found here:

Downtown District Overlay Standards Downtown Architectural Design Standards City of Pflugerville – Unified Development Code

7. Proposals Content and Submittal Requirements

7.1 Submittal Requirements

The City expects Proposals submitted in response to this RFP to provide enough information about the requested items to allow the City to fully evaluate, competitively rank, and shortlist the Respondents based on the criteria set forth herein.

Proposals should be kept to the minimum necessary length to explain the Proposer’s qualifications and approach, not to exceed 25 pages, with the exception of resumes, graphic site plans/designs, and other components explicitly referenced as not counting against the page limit.

The City will evaluate the Proposals based on the information required by each Respondent and listed below:

Cover Letter: In no more than one page, provide a cover letter that summarizes the single primary contact, email address, mailing address, and Respondent’s commitment to comply with all applicable local, state, and federal laws.

Executive Summary (up to three pages): Respondents shall include an executive summary that provides an overview of their company, team, vision for the Site, proposed use, level and type of investment, and a description of how the vision will benefit the Pflugerville community and fit into the City’s downtown revitalization goals.

Project Principals & Key Personnel: Provide a brief description of the Respondent’s company and any other company that will participate in a significant way. Include the following:

A brief organizational history and background.

Key leadership and team members involved with this project, including key roles and responsibilities of each team member. Respondents should submit one-page resumes for each key team member. Resumes will not count toward the submittal’s maximum page limit.

Respondent’s Experience: Provide a brief narrative describing the firm’s relevant experience. Include the following:

Operator’s experience with small businesses and community activation.

Operating history of proposed business for the Site.

Up to three relevant examples of projects/businesses completed within the last

15 years related to site activation, restaurant/entertainment/retail operation, placemaking, quality design, or other projects that are similar in nature to this RFP. Briefly include the following for each project example:

o Project/Business name, type, location o Summary description o Capital investment (budgeted and actual) o Years of operation. Include a construction timeline for the structure or tenant finish-out if applicable.

o Capital financing sources utilized o For existing businesses, relevant operating performance metrics for the last three years, such as sales per square foot, gross margin, and net margin.

o Any unique activations or placemaking components o Color images of the establishment o References including name, title, phone, and email for lender or landlord

Proposed Approach & Vision: Provide a narrative of the proposed approach and vision to activate and improve the Site. Include:

Describe the intended use of the Site, including size, operating hours, potential foot traƯic, parking requirements, and exterior activity (if any).

Describe how the proposed use will complement Downtown Pflugerville and the City’s activation goals.

Identify interior and exterior Site improvements needed to accommodate a vibrant and productive use of the Site and whether the Respondent anticipates requiring City support to make those improvements.

A preliminary, high-level schedule for execution from contract award through grand opening.

High-level operations and maintenance plan High-level marketing strategy Proposed transaction structure (lease or purchase) o If a space or ground lease is proposed, provide lease terms such as base rent, rent escalations, term options, lease structure, and other key lease elements.

o If a hybrid approach is proposed, such as a rent-to-own structure, provide base lease terms, escalations, term/timing, and other metrics that will allow the city to calculate the net present value of the proposed purchase price.

o If a fee simple sale is proposed, address price, timing of the sale, conditions of closing, and any other transactional considerations.

Financial Plan: Provide a narrative describing:

The estimated cost of Project improvements Proposed capital sources for improvements, including any gaps in funding that the Respondent must still fill.

o Detail required approvals for all debt, equity, and other funding sources.

o If debt is proposed, describe the existing lender relationship.

Operating proforma that demonstrates suƯicient revenue sources to pay rent to the City, fund operating expenses, and make debt service payments (if applicable).

Any financial gap and proposed incentive solutions that the City may consider to close the identified gap.

Respondent Capability to Execute: Provide a narrative outlining the Respondent’s proven track record and successful execution of projects similar in nature to this RFP. Include:

A high-level summary approach of the ability to financially complete projects similar in nature to this RFP.

For an existing business, provide business financials for the last three years, to include an income statement, balance sheet, and cash flow statements.

For the Recommended Successful Respondent, the City may request that operator principals provide personal credit scores and tax returns for the last two years.

Information related to whether the Respondent or any entities created by the Respondent have been party to a lawsuit and/ or declared bankruptcy in the past seven years.

7.2 Evaluation Criteria

Each responsive Proposal satisfying all the required submittal elements will be evaluated and scored as follows:

Principals’ Experience [10%] The experience of individual team members in working together to deliver similar projects.

Respondent’s Experience [20%] The extent and depth of the Respondent’s experience in carrying out comparable projects, as demonstrated by:

o Success of previous operations.

o Ability to meet schedules and budgets.

o Longevity and activity level at previous projects.

o Alignment of experience to City goals.

Respondent’s Proposed Approach and Vision [40%] The successful response will demonstrate:

o Alignment of proposed uses to the City of Pflugerville’s vision and goals for Downtown.

o Innovative and realistic proposal to activate the Site, including a reasonable marketing strategy.

o Clearly identified and reasonable Site improvements that enhance the existing historical aesthetic of the building while accommodating the proposed active use.

o A reasonable time frame to begin operating at the Site.

o A reasonable operations and maintenance plan.

Financial Feasibility [30%] The successful response will demonstrate:

o The Respondent’s ability to secure adequate capital.

o Reasonable Project financial assumptions, including capital cost estimates and operating expenses.

o Reasonable financial gaps reflective of current market conditions, capital expenses, and operational expenses.

o Organizational financial health.

7.3 Selection Process

The City will evaluate the Proposals in accordance with the criteria outlined in this RFP. Each proposal will be reviewed to determine whether it is responsive to the submission requirements outlined in this RFP.

The City anticipates utilizing a committee to review and evaluate the Proposals. Members of the selection committee may include the City Manager, Assistant City Manager(s), senior-level staƯ, and consultants with specialized knowledge.

The City will notify a shortlist of finalists and conduct interviews. Then, the City will make its final recommendation to the City of Pflugerville City Council to enter into negotiations with the successful Respondent. Should negotiations prove unsuccessful with the successful Respondent, the City will maintain the right to negotiate with another Respondent.

During the evaluation process, the City reserves the right to request additional information or clarifications from Proposers where it may serve the City’s best interest. The City also reserves the right to reject all Proposals.

7.4 Title VI of The Civil Rights Act

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

8. Appendix

8.1 Context Map and Survey

8.2 Plat

8.3 Conceptual Renderings

8.4 High-level 2025 Facilities Assessment

The building has a strong historical character but requires targeted renovations to ensure functionality, compliance, and longevity.

Exterior Envelope and Structural:

• The exterior consists of a mix of materials, including wood planks, lapped siding, metal panels, and plywood.

• The roof is constructed with metal R panels.

• The exterior appears weathered and requires repair or replacement of select materials to improve aesthetics and performance.

• The building is wood-framed.

Interior Conditions

• The interior consists of an eclectic mix of finishes, including wood floors, corrugated metal panels, plywood, gypsum wallboard, and wood beadboard.

• Some historic elements remain, but previous renovations have introduced a variety of materials and styles.

• A cohesive interior design strategy is recommended to restore and enhance the building’s character.

Accessibility Assessment

• The building lacks proper accessibility features.

• To achieve compliance, improvements are needed for accessible routes, finish transitions, and restroom configurations.

• Thoughtful design interventions should integrate accessibility requirements while respecting the building’s historical nature.

Mechanical, Electrical, and Plumbing (MEP) Systems

• Heating and cooling are provided by a mix of split systems and window units.

• The lighting is insuƯicient and outdated.

• The electrical and plumbing systems likely do not meet current code requirements and require evaluation and potential upgrades.

Landscaping and Site Conditions

• The building faces Pecan Street with minimal landscaping along the street.

• The other three sides are surrounded by decomposing asphalt and gravel parking lots.

• There are a few large trees nearby that should be preserved and integrated into future site improvements.

Parking Availability

• Parking consists of deteriorated asphalt and gravel lots surrounding the building.

• The site could benefit from resurfacing and re-striping to enhance usability and accessibility.

Key Considerations and Required Improvements

• Assess and repair deteriorated exterior materials.

• Consider a unified façade treatment to improve aesthetics while maintaining the building’s historical character.

9. Forms to Complete and Return

9.1 Conflict of Interest Questionnaire (CIQ form)

9.2 Disclosure of Relationships

9.3 Certification Regarding Debarment

9.4 Non-collusion AƯidavit

9.5 Litigation Disclosure

9.6 Resident Certification

9.7 Texas Public Information Act

9.8 Drug-Free Workplace

9.9 Bid Protest Procedure

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.

DISCLOSURE OF RELATIONS WITH

CITY COUNCIL MEMBER, OFFICER, OR EMPLOYEE OF CITY OF PFLUGERVILLE

Failure to fully and truthfully disclose the information required by this form may result in the termination of any business the City is now doing with the entity listed below and/or could impact future dealings.

1. Name of Entity/Business/Person doing business with City:

Is the above entity: (Check one)

A corporation A partnership A sole proprietorship or an individual Other (specify):

Check all applicable boxes.

2. Is any person involved as an owner, principal, or manager of name listed in #1 related to or financially dependent on Council member, officer, or employee of the City of Pflugerville?

NO -- there is no such relationship between Entity/Business/Person and the City of Pflugerville.

YES, a person who is a/an owner, principal, or manager of this entity/business/person is: (Check all applicable boxes below) related to by blood or marriage* and/or a member of the same household as and / or financially dependent upon** and/or financially supporting**

City Council member, officer or employee.

* As used here, “related to” means a spouse, child or child’s spouse, and parent or parent’s spouse. It also includes a former spouse if a child of that marriage is living (the marriage is considered to continue as long as a child of that marriage lives).

** As used herein, “financially dependent upon” and “financially supporting” refers to situations in which monetary assistance—including for lodging, food, education, and debt payments—is provided by owner, principal or manager of #1 to Council member, officer or employee of City of Pflugerville, or that Council member, officer or employee of City of Pflugerville provides to owner, principal or manger of #1.

If YES, provide (a) the name of owner, principal, or manager, and (b) the name of the City Council member, officer or employee (include the department the City officer or employee works for, if known), and (c) if a relationship by marriage or by blood/kinship exists. (Use back of sheet if more space is needed)

(a) Name of owner, principal, or manager (b) Name of Council member, officer or employee & department

(c) What is relationship or household arrangement

3. Is a current City Council member or City employee involved with the name listed in #1 as an owner, principal, manager, or employee, or employed as a contractor for name listed in #1?

NO (no person involved/working for Entity/Business/Person is Council member, officer or employee of the City).

YES, a person is (Check all applicable boxes)

(a) City Council member, officer or employee ,

(b) and is an owner, a principal, or a manager of the entity/business/person listed in #1, or an employee or an independent contractor of the entity/business/person listed in #1.

If YES, provide the name of owner, principal, manager, employee or independent contractor who is a City Council member, officer or employee. Include the department the City officer or employee works for, if known.

Signature: Phone #: Date:

Print Name: Print Title:

The selected contractor or vendor is required to complete this form

INSTRUCTIONS FOR CERTIFICATION REGARDING

Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion

1. By signing and submitting this proposal and the certification form, the prospective lower tier participant (BIDDER/PROPOSER/SUBRECIPENT) is providing the certification set out on the following form (or reverse side) in accordance with these instructions.

2. The certifications in this clause are a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant (BIDDER/PROPOSER/ SUBRECIPENT) knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant (BIDDER/PROPOSER/SUBRECIPENT) shall provide immediate written notice to the person to whom this bid/proposal is submitted if at any time the prospective lower tier participant (BIDDER/PROPOSER/SUBRECIPENT) learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant (BIDDER/PROPOSER/SUBRECIPENT) agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant (BIDDER/PROPOSER/SUBRECIPENT) further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction, "without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY,

AND VOLUNTARY EXCLUSION

Project Name:

Location:

RFB/RFP #:

This certification is required (or may be required) by the federal regulations implementing Executive Order 12549, Debarment and Suspension. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211).

READ INSTRUCTIONS BEFORE COMPLETING CERTIFICATION

(1) The prospective lower tier participant (BIDDER/PROPOSER/SUBRECIPENT) certifies, by submission of this proposal that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal or State department or agency.

(2) Where the prospective lower tier participant (BIDDER/PROPOSER/SUBRECIPENT) is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Company

Name and Title of Authorized Representative

Signature Date

NON-COLLUSION AFFIDAVIT

STATE OF TEXAS §

COUNTY OF §

By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at

Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal.

Signature:

Printed Name:

Title:

Company:

Date:

THE STATE OF

COUNTY OF

Before me, the undersigned authority, on this day personally appeared (the person who signed above), known to me to be the persons whose names are subscribed to the foregoing instruments, and acknowledged to me that they executed same for the purposes and considerations therein expressed.

GIVEN UNDER MY HAND AND SEAL OF OFFICE on this day of

A.D., 20_ .

(Seal) Notary Public Signature

LITIGATION DISCLOSURE

Failure to fully and truthfully disclose the information required by this Litigation Disclosure form may result in the disqualification of your bid/proposal/qualifications from consideration or termination of the contract, once awarded.

1. Have you or any member of your Firm or Team to be assigned to this engagement ever been indicted or convicted of a felony or misdemeanor greater than a Class C in the last five (5) years?

□ Yes □ No

2. Have you or any member of your Firm or Team been terminated (for cause or otherwise) from any work being performed for the City of Pflugerville or any other Federal, State or Local Government, or Private Entity?

□ Yes □ No

3. Have you or any member of your Firm or Team been involved in any claim or litigation with the City of Pflugerville or any other Federal, State or Local Government, or a Private Entity during the last ten (10) years?

□ Yes □ No

If you have answered “Yes” to any of the above questions, please indicate the name(s) of the person(s), the nature, and the status and/or outcome of the information, indictment, conviction, termination, claim or litigation, as applicable. Any such information should be provided on a separate page, attached to this form and submitted with your bid/proposal/qualifications.

RESIDENT CERTIFICATION

Texas Government Code - Chapter 2252 “Contracts With Governmental Entity” Subchapter A. Nonresident Proposers

In accordance with Chapter 2252 of the Texas Government Code, a governmental entity may not award a governmental contract to a nonresident bidder unless the nonresident bidder underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident’s principle place of business is located.

Section 2252.001 includes the following definitions:

(1) “Government contract” means a contract awarded by a governmental entity for general construction, an improvement, a service, or a public works project or for a purchase of supplies, materials, or equipment.

(2) “Governmental entity” means . . . .a municipality, county, public school district, or special-purpose district or authority;

(3) “Nonresident bidder” refers to a person who is not a resident.

(4) “Resident Bidder” refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state.

As used on this form, the term “bidder” includes a person or business entity responding to a request for bids or competitive sealed proposal or request for qualifications.

I certify that as defined in Texas Government Code, Chapter 2252 that:

COMPANY NAME:

Yes, I am a Texas Resident Bidder No, I am not a Resident Bidder

PRINTED NAME:

SIGNATURE:

E-MAIL ADDRESS:

Texas Public Information Act Steps To Assert Information Confidential or Proprietary

All proposals, data, and information submitted to the City of Pflugerville are subject to release under the Texas Public Information Act (“Act”) unless exempt from release under the Act. You are not encouraged to submit data and/or information that you consider to be confidential or proprietary unless it is absolutely required to understand and evaluate your submission.

On each page where confidential or proprietary information appears, you must label the confidential or proprietary information. Do not label every page of your submission as confidential as there are pages (such as the certification forms and bid sheet with pricing) that are not confidential. It is recommended that each page that contains either confidential or proprietary information be printed on colored paper (such as yellow or pink paper). At a minimum the pages where the confidential information appears should be labeled and the information you consider confidential or proprietary clearly marked.

The City will comply with the Texas Public Information Act in providing any notice of any request.

In signing this form, I acknowledge that I have read the above and further state:

□ The proposal/bid submitted to the City contains NO confidential information and may be released to the public if required under the Texas Public Information Act.

□ The proposal/bid submitted contains confidential information, which is labeled, and which may be found on the following pages:

and any information contained on page numbers not listed above may be released to the public if required under the Texas Public Information Act.

Vendor/Proposer Submitting:

Signature: Date:

Print Name: Print Title:

DRUG-FREE WORK PLACE ACT CERTIFICATION

1. The contractor certifies that it will provide a drug-free work place by:

(a) Publishing a statement notifying employees that unlawfully manufacturing, distributing, possessing or using a controlled substance in the contractor’s work place is prohibited and specifying the actions that will be taken against employees for violation of such prohibition.

(b) Establishing a drug-free awareness program to inform employees about:

(1) the dangers of drug abuse in the work place;

(2) the contractor’s policy of maintaining a drug-free work place;

(3) any drug counseling, rehabilitation, and employee assistance programs that are available; and

(4) the penalties that may be imposed upon employees for drug abuse violations in the work place.

(c) Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by paragraph (a).

(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the contract the employee will:

(1) Abide by the terms of the statement; and

(2) Notify the employer of any criminal drug statute conviction for a violation occurring in the work place no later than five (5) days after such a conviction.

(e) Notifying the City of Pflugerville within ten (10) days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction.

(f) Taking one of the following actions within thirty (30) days of receiving notice under subparagraph (d)(2) with respect to any employee so convicted:

(1) Taking appropriate personnel action against such an employee, up to and including termination; or

(2) Requiring such an employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency.

(g) Making a good faith effort to continue to maintain a drug free work place through implementation of paragraphs (a), (b), (c), (d), (e), and (f).

2. The contractor’s headquarters is located at the following address. The addresses of all other work places maintained by the contractor are provided on the accompanying list.

Name of Contractor:

Street Address:

City: County:

State: Zip Code:

SIGNED BY: Date Signed:

Print Or Type Name And Title:

PROCEDURE TO PROTEST AWARD RECOMMENDATION

A. If a firm or person believes it is injured as a result of an RFP, a written protest may be filed.

B. The written protest may be delivered to the City’s Purchasing Department (“Purchasing”) in person to the department offices located at 100 E. Main St.

Pflugerville, Texas 78660, or by certified mail, return receipt requested, to the following address:

Purchasing c/o City of Pflugerville Post Office Box 589

Pflugerville, Texas 78691 C. The written protest must be filed no later than 5:00 p.m. on the fifth (5th) business day from the date of receipt of notification of the recommendation for the contract award.

D. The written protest must include the following information before it may be considered:

1. Name, mailing address, and business phone number of the protesting party;

2. Identification of the RFP being protested;

3. A precise and concise statement of the reason(s) for the protest which should provide enough factual information to enable…