VICTORIA COUNTY, TEXAS

REQUEST FOR PROPOSALS

for

INSTALLATION OF NEW ERV & HVAC UPGRADES AT

205 ANNEX – PHASE II

# RFP-20260903-ANNEX

Date Issued:

August 17, 2026

RESPONSES MUST BE RECEIVED NO LATER THAN:

2:00 PM CST SEPTEMBER 3, 2026

A PUBLIC PROPOSAL OPENING WILL BE CONDUCTED IN THE ENGINEERING &

DEVELOPMENT ON SEPTEMBER 3RD AT 2:00 PM CST

311 E. CONSTITUTION ST, STE. 200, VICTORIA, TX 77901

TABLE OF CONTENTS

PROPOSAL AND CONTRACT REQUIREMENTS:

Notice to Respondents

Part I: General Requirements for Responses

Exhibit A – Owner’s Insurance Requirements Part II: Scope of Work

Forms: A – Proposal Signature Page

B – Proposal Form

Attachments:

A – Standard Terms & Conditions B – Israel Verification Form C – Non-Collusion Affidavit D – Response Questionnaire & Checklist

NOTICE TO RESPONDENTS

REQUEST FOR PROPOSALS

# RFP-20260903-ANNEX

Victoria County (“the County”), intends to purchase and invites you to submit a sealed proposal for:

INSTALLATION OF NEW ERV & HVAC UPGRADES AT 205 ANNEX – PHASE II

Sealed Proposals addressed to the Procurement Specialist will be received until September 3, 2026 at 2:00 PM. All Proposals must be in the County’s possession on or before the scheduled date and time (no late responses will be considered).

All Documents are available to be viewed and downloaded, with a free registration, at https://www.beaconbid.com/solicitations/victoria-county/open.

In accordance with Chapter 262 of the Texas Local Government Code, the contract will be awarded to the Respondent who provides the best value to the County. The County shall evaluate the responses on the basis of all factors described herein.

The County reserves the right to refuse and reject any or all proposals.

Proposals will be received by electronic submission at Beacon Bid https://www.beaconbid.com/solicitations/victoria-county/open.

Bid Bond:

5%

Performance Bond:

100%

Payment Bond: 100%

Non-Mandatory Pre-Proposal Conference: August 25, 2026 at 2:00 PM CST.

Location: 311 E. Constitution St., Ste. 200, Victoria, TX 77901

Adrienne Willis CTCD, CTCM Procurement Specialist Victoria County, Texas https://url.usb.m.mimecastprotect.com/s/hMlyCl8WykI25WwKtGfLHzunAe?domain=beaconbid.com

PART I

GENERAL REQUIREMENTS FOR RESPONSES

1. DEVIATION FROM SPECIFICATION/ REQUIREMENTS

Please read the requirements thoroughly and be sure that your response complies with all requirements noted. Any variation from the solicitation requirements/specifications must be clearly indicated by letter, on a point-by-point basis, attached to and made a part of your response.

If no exceptions are noted, and you are the successful Respondent, the County of Victoria, (“the County”), will require that the good/service(s) be provided as specified.

2. GENERAL DESCRIPTION

Pursuant to Chapter 262 of the Texas Local Government Code, the County invites the submittal of responses to this Request for Competitive Sealed Proposals (RFP) from qualified firms interested in providing the goods and services for this project.

3. PURPOSE

The purpose of these requirements and response documents are to award a contract for the purchase of the professional installation of a new ERV system and HVAC upgrades at the 205 Annex.

4. STAFF CONTACT

Name: Adrienne Willis Email: awillis@vctx.org

5. INTENT

The services to be provided under the RFP shall be in accordance with and shall meet all of the scope of work requirements as shown in this solicitation.

6. NON-MANDATORY PRE-PROPOSAL CONFERENCE

A Non-mandatory Pre-proposal Conference for all interested parties will be held at the Engineering & Development office at, 311 E. Constitution St. Ste. 200, Victoria, TX 77901, at 2:00 PM CST on August 25th. All parties interested in submitting a Proposal for this work are encouraged to attend.

7. SUBMITTAL OF RESPONSES

Responses shall be submitted electronically through https://www.beaconbid.com/solicitations/victoria-county/open, upload the Adobe PDF files of:

• Response Form A – Proposal Signature Page,

• Response Form B – Proposal Form,

• all other required forms, and;

• any Specifications/Drawings that are required as part of the proposal.

RFP-20260903-ANNEX 1

Responses WILL be accepted electronically through Beacon Bid. Responses WILL NOT be accepted via oral communication, telephone, electronic mail, telegraphic transmission, or facsimile transmission.

Responses may be withdrawn prior to the above scheduled time set for closing. Alterations made before response closing must be initiated by respondents guaranteeing authenticity. Submittal of a response constitutes an offer by the Respondent. Once submitted, the response becomes the property of the County and as such the County reserves the right to use any ideas contained in any response regardless of whether that respondent/firm is selected.

Submission of a response in response to this solicitation, by any Respondent, shall indicate that the respondent(s) has accepted the conditions contained in the RFP, unless clearly and specifically noted in the response submitted and confirmed in the Contract between the County and the successful Respondent. Responses that do not comply with these requirements may be rejected at the option of the County. Responses must be filed with the County before the deadline day and hour. No late response will be accepted. They will be returned to Respondent unopened (if properly identified). Failure to meet response requirements may be grounds for disqualifying a Respondent.

8. BID BOND

Each Proposal must be accompanied by a certified check, cashier’s check, or an approved Bid Bond in the amount of 5% of the Proposal cost, payable to Victoria County without recourse, as a guarantee the Respondent will enter into a contract and execute 100% performance and payment bonds on the forms provided, within ten (10) days after the contract has been awarded.

Proposal guaranty accompanying the Proposal of the apparent best value Respondent will be retained until Contract is awarded and successful Respondent executes Contract and furnishes required bonds and insurance, after which proposal guaranty will be returned to the Respondent.

Proposal guaranty accompanying the second best value proposer will be retained until Contract is awarded. All other proposal guaranties will be returned after

All Respondents acknowledge and guarantee that their Proposal will remain open and the pricing therein is affirmed for 120 days after submission of the Proposal.

9. PERFORMANCE AND PAYMENT BONDS

A Performance Bond in the amount of one hundred percent (100%) of the contract price will be required (if the contract exceeds $100,000).

A Payment Bond in the amount of one hundred percent (100%) of the contract price will be required (if the contract amount exceeds $50,000).

The successful Respondent will be required to furnish performance and payment bonds, if required as stated above, in the contract amount on the approved formed attached hereto this RFP, the Project specifications, or the latest edition issued with the contract at the time of award. The bonds must be issued by one or more corporate sureties authorized to do business in Texas as acceptable to the County. All Bonds for values in excess of $100,000 shall be issued by Sureties that are a holder of certificate from the US Secretary of the Treasury or had reinsured the amount in excess of $100,000 by a reinsurer holding such certificate.

RFP-20260903-ANNEX 2

10. PROPOSAL OPENING

The County will be accepting sealed Proposals until 2:00 PM, CST, on September 3, 2026 at which time they will be opened publicly and the name of the Respondent and the monetary component of the Proposals shall be read aloud. Any Proposal received after proposal time will be returned unopened. Receipt of response does not bind the County to any contract for said services, nor does it give any guarantee that a contract for the Project will be awarded.

11. ASSIGNMENT

Respondents are advised that the County shall not allow the successful Respondent to sell, assign, transfer, or convey any part of any contract resulting from this response in whole or in part, to a third party without the written approval of the County.

12. PREPARATION OF RESPONSE

Responses MUST give full firm name and address of Respondent, and be manually signed. Failure to do so will disqualify your submittal. The person signing the response must show title or AUTHORITY TO BIND FIRM IN A CONTRACT. Firm name and authorized signature must appear on each page that calls for this information. The legal status of the Respondent whether corporation, partnership, or individual, shall also be stated in the submittal. A corporation shall execute the submittal by its duly authorized officers in accordance with its corporate bylaws and shall also list the state in which it is incorporated. A partnership Respondent shall give full names and business addresses of all partners. All partners shall execute the submittal. Partnership and Individual Respondents shall state in the submittal the names and addresses of all persons with a vested interest therein. The place of residence of each Respondent, or the office address of the contractor, with county and state and telephone number, shall be given after the signature. Any costs associated with assembling this submittal will be at the sole expense of the Respondent.

13. WITHDRAWAL

Responses may be withdrawn prior to the due date for submission. Written notice of withdrawal shall be provided to the Purchasing Supervisor for proposals submitted in hard copy. No response may be withdrawn after opening time without reasonable exception in writing and only after approval by the County.

14. TIME ALLOWED FOR ACTION TAKEN

The County may hold responses 120 days after submittal deadline without taking action.

Respondents are required to hold their responses firm for same period of time.

15. ALTERATIONS/AMENDMENTS TO RESPONSES

Responses CANNOT be altered or amended after the opening deadline. Alterations made before opening time must be initialed by Respondent guaranteeing authenticity.

RFP-20260903-ANNEX 3

16. LIST OF EXCEPTIONS

The Respondent shall attach to the response a list of any exceptions to the specifications/requirements, on a point-by-point basis.

17. NAME BRANDS

Specifications may reference name brands and model numbers. It is not the intent of the County to restrict these responses in such cases, but to establish a desired quality level of merchandise or to meet a pre-established standard due to like existing items. Respondents may offer items of equal stature and the burden of proof of such stature rests with Respondents. The County shall act as sole judge in determining equality and acceptability of products offered.

18. INSPECTIONS & TESTING

The County reserves the right to inspect any item(s) or service location for compliance with specifications and requirements and needs of the using department. If a Respondent cannot furnish a sample of a response item, where applicable, for review, or fails to satisfactorily show an ability to perform, the County can reject the response as inadequate.

19. PRICING

Prices for all goods or services shall be firm for the duration of this contract and shall be stated on the Proposal form. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the contractor and included in the response prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, Respondent MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails.

20. INTERPRETATIONS

Any questions concerning the requirements or scope of work with regards to this solicitation for responses shall be directed to the designated individuals as outlined herein. Such interpretations, which may affect the eventual outcome of this solicitation for responses, shall be furnished in writing to all prospective Respondents via Addendum. No interpretation shall be considered binding unless provided in writing by the County in accordance with paragraph titled “Addenda and Modifications.”

21. ANTICIPATED TERM OF CONTRACT

The anticipated term for the proposed contract is a one-time purchase.

22. EVALUATION

The evaluation process shall be used to determine which response items or services meet the criteria described in “AWARD OF CONTRACT” Section. All Responses are subject to tabulation by the County and recommendation to the Victoria County Commissioners Court.

Compliance with all response requirements, delivery and needs of the using department are

RFP-20260903-ANNEX 4

considerations in evaluating responses. The County reserves the right to contact any Respondent, at any time, to clarify, verify or request information with regard to any response.

23. AWARD OF CONTRACT

In accordance with Section 262.027 of the Texas Local Government Code, the County seeks to contract with the best value proposer. In determining the best value proposer, the County may consider the following criteria:

1) the purchase price;

2) the experience and reputation of the Respondent and of the Respondent's goods or services;

3) the quality of the Respondent's goods or services;

4) the impact on the ability of the County to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities;

5) total long-term cost to the County to acquire the Respondent’s goods or services; and

6) any other relevant criteria specifically listed in the Request for Responses.

Respondents must provide sufficient information to allow the County to evaluate Proposers based on criteria above and the weighted selection criteria included in “Selection Criteria” Section. To demonstrate qualifications to perform the Work, each Respondent must include with its submission written evidence, such as financial data, previous experience, present commitments and other such data that meets the best value considerations outlined in section 252.043 of the Texas Local Government Code. Each Proposal must contain evidence of Respondent’s qualification to do business in the state of Texas or covenant to obtain such qualification prior to award of the contract.

The County reserves the right to accept any item or group of items on this response, unless the Respondent qualifies his/her response by specific limitations.

24. SELECTION PROCESS

Respondents should prepare a sealed proposal responsive to all information requested in this RFP.

The County will use an evaluation committee to evaluate the proposals. The County will select the response that submits the proposal that offers the best value for the County based on the selection criteria within the RFP. The response received will be part of the selection process utilized by the County. The County reserves the right to and may contact Respondents with questions or clarifications relating to that Respondent’s response to this RFP.

The County’s evaluation committee will rank the Respondents and will notify each of the rankings within 45 days of proposal opening. The County will then negotiate with the highest ranked Respondent as allowed by statute. The set of Contract Documents, including the forms for the Contract and the Technical Specifications, are included with this RFP for Respondent evaluation prior to submission of a Proposal. If a contract cannot be successfully negotiated with the highest ranked Respondent, in the opinion of Owner, negotiations will be terminated and Owner will proceed to negotiate with the next highest ranked Respondent in the order of the selection ranking until a mutually agreed contract can be negotiated or all proposals are rejected.

RFP-20260903-ANNEX 5

25. SELECTION CRITERIA

The selection criteria used to evaluate the RFP responses will include, but not be limited to, the following (items listed below are not listed in order of importance):

1. The Cost of the Work (weighted at 35%).

2. Proposed Schedule/Contract Time (weighted at 20%).

3. Past Performance on Similar Projects. The qualifications, reputation, capability and past performance of the offeror with similar goods/services (weighted at 20%).

4. The available resources to complete the project. This criterion would include personnel, resources and methodologies commonly used by your firm that may be applicable to the project categories (weighted at 10%).

5. Overall Qualifications, Reputation, Past Relationship with Victoria County. This includes the qualifications, reputation, capability, safety record, financial capability, and offeror’s past relationship and experience with the County of Victoria or other public entities (weighted at 5%).

6. The Contractor’s corporate history and stability. This criterion includes the historical stability, corporate structure, and history of litigation or arbitration on projects in the last five (5) years (weighted at 5%).

7. References. Offeror must provide at least 5 references from projects of similar size and scope, including name, title, phone number, and project (weighted at 5%).

SELECTION CRITERIA WEIGHTED VALUE

Cost of Work 35% Schedule/Contract Time 20% Past Performance on Similar Projects 20% Available Resources 10% Overall Qualifications, Reputation, Past Relationship 5% Corporate History and Stability 5% References 5% Total 100%

Respondents shall include with the proposal all information and qualifications to allow the County’s selection committee to evaluate the proposal in accordance with this section and the evaluation criteria listed here. The County reserves the right to request additional post-proposal information from any or all Respondents to assist in evaluating the proposal based on the selection criteria. The Owner reserves the right to reject any and all proposals. The Owner reserves the right to waive any and all irregularities in proposals.

26. RIGHT TO REJECT/ AWARD

The County reserves the right to reject any or all Responses, to waive any or all formalities or technicalities, and to make such awards of contract to the Respondent who provides the best value to the County.

RFP-20260903-ANNEX 6

27. CLARIFICATION OF REQUIREMENTS AND QUESTIONS

All requests for additional information or clarification concerning this response must be submitted in writing to the Staff Contact Person on or before 5:00 PM CST, August 27th. Questions received after the stated deadline will not be answered. Questions submitted and the County’s responses will be posted with this solicitation as addenda.

28. RESTRICTIONS ON COMMUNICATION

Respondent(s) are prohibited from communicating with: 1) the Victoria County Commissioners Court and County staff regarding the RFP or proposals from the time the RFP has been released until the contract is posted as a Commissioners Court agenda item; and 2) County employees from the time the RFP has been released until the contract is awarded. These restrictions extend to “thank you” letters, phone calls, emails and any contact that results in the direct or indirect discussion of the RFP or proposal submitted by Respondent. Violation of this provision by Respondent or its agent may lead to disqualification of Respondent’s proposal from consideration.

Exceptions to the restrictions on communication with County employees include:

A. Respondents may ask verbal questions concerning this RFP at the Pre-Submittal Conference or submit clarification requests pursuant to “ADDENDA AND MODIFICATIONS” Section.

B. Staff Contact Person located in the “STAFF CONTACT” section.

29. ADDENDA AND MODIFICATIONS

Any changes, additions, or clarifications to the RFP are made by amendments (addenda) and will be posted on the Public Purchase website. Any respondent in doubt as to the true meaning of any part of the RFP or other documents may request an interpretation from the Staff Contact Person.

At the request of the Respondent, or in the event the Staff Contact Person deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Procurement Manager. Such addendum will be attached to the original RFP in the Public Purchase file and will become part of the RFP package having the same binding effect as provisions of the original RFP.

It shall be the Respondent(s) responsibility to ensure that they have received all Addenda with respect to this project. Furthermore, Respondents are advised that they must recognize, comply with, and attach a signed copy of each Addendum which shall be made part of their submittal.

Respondent(s) signature on Addenda shall be interpreted as the respondent’s recognition and compliance to official changes as outlined by the County and as such are made part of the original RFP documents. Failure of any Respondent to receive any such addendum or interpretation shall not relieve such Respondent from its terms and requirements. Addendums are available online at https://www.beaconbid.com/solicitations/victoria-county/open. No verbal explanations or interpretations will be binding. The County does not assume responsibility for the receipt of any addendum sent to Respondents.

30. INVITATION FOR RESPONSES PREPARATION COSTS

Issuance of this RFP does not commit the County, in any way, to pay any costs incurred in the preparation and submission of a response. All costs related to the preparation and submission of this RFP shall be borne by the Respondent.

RFP-20260903-ANNEX 7

31. EQUAL EMPLOYMENT OPPORTUNITY

Respondent agrees that it will not discriminate in hiring, promotion, treatment, or other terms and conditions of employment based on race, sex, national origin, age, disability, or in any way violate Title VII of 1964 Civil Rights Act and amendments, except as permitted by said laws.

32. INDEPENDENT CONTRACTOR

It is expressly understood and agreed by both parties hereto that the County is contracting with the successful Respondent as independent contractor. The parties hereto understand and agree that the County shall not be liable for any claims which may be asserted by any third party occurring in connection with the services to be performed by the successful Respondent under this contract and that the successful Respondent has no authority to bind the County.

33. INSURANCE

Required Insurance Coverage. Any of the coverage set forth in the Insurance Rider may be waived by Victoria County in its sole discretion, but any such waiver must be signed by an authorized representative of the County. The contracted Respondent will be required to maintain, at all times during performance of the Contract, the insurance detailed in the Insurance Rider attached as Exhibit A.

34. WARRANTIES

Respondents shall furnish all data pertinent to warranties or guarantees which may apply to items in the response.

The Respondent shall warrant that any equipment furnished or work performed shall be free from defects in design, materials, workmanship, and will give successful service under the specified operating conditions. Furthermore, the Respondent agrees, upon notice from the County, to make good all defects in design, materials, or performance developing in the materials or equipment under its intended use for at least twelve (12) months from the date of installation and initial operation, or the manufacturer’s warranty whichever is greater length of time.

In the event that the equipment must be returned to the factory under warranty, the Respondent shall be responsible for delivery charges both to and from the factory.

35. INDEMNIFICATION CLAUSE

TO THE FULLEST EXTENT PERMITTED BY LAW, THE RESPONDENT SHALL INDEMNIFY, DEFEND

AND HOLD HARMLESS THE COUNTY OF VICTORIA AND EACH COUNCIL MEMBER, OFFICER,

EMPLOYEE OR AGENT THEREOF (THE COUNTY OF VICTORIA AND ANY SUCH PERSON BEING

HEREIN CALLED AN “INDEMNIFIED PARTY”), FOR, FROM AND AGAINST ANY AND ALL LOSSES,

CLAIMS, DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO,

REASONABLE ATTORNEYS’ FEES AND COURT COSTS) TO WHICH ANY SUCH INDEMNIFIED PARTY

MAY BECOME SUBJECT, UNDER ANY THEORY OF LIABILITY WHATSOEVER (“CLAIMS”), INSOFAR

AS SUCH CLAIMS (OR ACTIONS IN RESPECT THEREOF) RELATE TO, ARISE OUT OF, OR ARE

CAUSED BY THE GOODS OR SERVICES PROVIDED BY THE RESPONDENT, ITS OFFICERS,

EMPLOYEES, AGENTS, OR ANY TIER OF SUBCONTRACTOR IN THE PERFORMANCE OF THIS

AGREEMENT.

RFP-20260903-ANNEX 8

36. RESPONDENT’S EMPLOYEES

Neither the Respondent nor his/her employees engaged in fulfilling the terms and conditions of any awarded contract shall be employees of the County. The method and manner of performance of such undertakings shall be under the exclusive control of the Respondent on contract. The County shall have the right of inspection of said undertakings at any time.

37. VERBAL THREATS

Any threats made to any employee of the County, be it verbal or written, to discontinue the providing of item/material/services for whatever reason or reasons shall be considered a breach of contract and the County will immediately sever the contract with the vendor.

39. CONFIDENTIAL INFORMATION

A. Any information deemed to be confidential or proprietary by the respondent should be clearly annotated on the pages where confidential or proprietary information is contained. The County cannot guarantee that it will not be required to disclose all or part of any public record under Texas Public Information Act, since information deemed to be confidential or proprietary by the responder may not be confidential or proprietary under Texas Law, or pursuant to a Court order.

Pursuant to SB 943, the County must disclose certain contracting information and the law presumes that most contracting information is public. Certain types of contracting information must generally be released under the Public Information Act: overall price; price and description of items or services to be delivered; delivery and service deadlines; remedies for breach of contract;

identity of the parties to the Contract; execution and effective dates; and information connected to a vendor or contractor’s performance on the contract. Additionally, information regarding performance under the Contract, including breaches of the Contract, Contract variances, amendments, liquidated damages, and other penalties for non-performance, must generally be released under the Public Information Act.

B. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this RFP and the contractor or vendor agrees that the Contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter.

40. JURISDICTION

Contract(s) executed as part of this solicitation shall be subject to and governed under the laws of the State of Texas. Any and all obligations and payments are due and performable and payable in Victoria County, Texas.

41. VENUE

The parties agree that exclusive venue for purposes of any and all lawsuits, cause of action, arbitration, or any other dispute(s) shall be in Victoria County, Texas.

RFP-20260903-ANNEX 9

http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=GV&Value=552

42. CONFLICT OF INTEREST

Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local government entity must disclose in the Questionnaire Form CIQ, the vendor or person’s affiliation or business relationship that might cause a conflict of interest with a local government entity. This questionnaire must be filed, by law, with the County no later than the 7th business day after the date the person becomes aware of facts that require the statement be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. For more information or to obtain the Questionnaire CIQ go to the Texas Ethics Commission web page at www.ethics.state.tx.us/forms/CIQ.pdf.

IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR

OWN LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF

EACH PERSON OR AGENT OF A PERSON WHO IS SUBJECT TO THE FILING

REQUIREMENT. AN OFFENSE UNDER CHAPTER 176 IS A MISDEMEANOR.

43. CERTIFICATE OF INTERESTED PARTIES

Pursuant to Section 2252.908, Texas Government Code, as amended and formal rules released by the Texas Ethics Commission (TEC), all contracts with private business entities requiring approval by the Victoria County Commissioners Court, will require the on-line completion of Form 1295 "Certificate of Interested Parties." Form 1295 is also required for any and all contract amendments, extensions or renewals. Contractors are required to complete and file electronically with the Texas Ethics Commission using the online filing application.

Please visit the State of Texas Ethics Commission website, https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm and https://www.ethics.state.tx.us/tec/1295-Info.htm for more information.

IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR

OWN LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF

EACH PERSON OR AGENT OF A PERSON WHO IS SUBJECT TO THE FILING

REQUIREMENT.

44. CONFIDENTIALITY OF INFORMATION AND SECURITY

Should the successful respondent be awarded a contract and become the holder of, and have access to, confidential information, (in the process of fulfilling its responsibilities in connection with the contract), the successful respondent agrees that it shall keep such information confidential and will comply fully with the laws and regulations of the State of Texas, ordinances and regulations of the County of Victoria, and any applicable federal laws and regulations relating to confidentiality.

RFP-20260903-ANNEX 10

http://www.ethics.state.tx.us/forms/CIQ.pdf https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm https://www.ethics.state.tx.us/tec/1295-Info.htm

45. SUBSTITUTIONS/CANCELLATIONS OF RESPONSES

No substitutions or cancellations are permitted without approval of the County.

46. ADDITIONAL REPRESENTATION

A Respondent submitting a response to this RFP must submit a verified statement (Attachment B) that it does not boycott Israel and will not boycott Israel during the term of the Agreement as described in Chapter 2271 of the Texas Government Code as amended. Failure to comply with this requirement is grounds for disqualifications; however, the County reserves the right to contact Respondent who fails to comply initially to correct the omission or to confirm the Respondent’s policy.

47. AGREEMENT

The successful Respondent shall enter into a Contract with the County.

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EXHIBIT A:

OWNER’S INSURANCE REQUIREMENTS

1. Specific Insurance Requirements The following insurance shall be maintained in effect with limits not less than those set forth below at all times during the term of this Agreement and thereafter as required:

Insurance Coverage/Limits Other Requirements Commercial General Liability (Occurrence Basis)

Amounts of coverage shall be no less than:

$1,000,000 Per Occurrence $2,000,000 General Aggregate $2,000,000 Products/Completed

Operations Aggregate $1,000,000 Personal and

Advertising Injury Designated Construction Project(s)

General Aggregate Limit

Current ISO edition of CG 00 01 Additional insured status shall be provided in favor of Owner Parties on a combination of ISO forms CG 20 10 04 13 and CG 20 37 04 13.

This coverage shall be endorsed to provide primary and non-contributing liability coverage. It is the intent of the parties to this Agreement that all insurance coverage required herein shall be primary to and will not seek contribution from any other insurance held by Owner Parties, with Owner Parties’ insurance being excess, secondary and non-contributing.

Stop Gap coverage shall be provided if any work is to be performed in a monopolistic workers’ compensation state.

The following exclusions/limitations (or their equivalent(s), are prohibited:

o Contractual Liability Limitation CG 21 39 o Amendment of Insured Contract Definition

CG 24 26

o Limitation of Coverage to Designated

Premises or Project, CG 21 44 o Exclusion-Damage to Work Performed by

Subcontractors on Your Behalf, CG 22 94 or CG 22 95 o Exclusion-Explosion, Collapse and Underground Property Damage Hazard, CG 21 42 or CG 21 43 o Any Classification limitation o Any Construction Defect Completed

Operations exclusion o Any endorsement modifying the Employer’s

Liability exclusion or deleting the exception to it o Any endorsement modifying or deleting Explosion, Collapse or Underground coverage o Any Habitational or Residential exclusion applicable to the Work o Any “Insured vs. Insured” exclusion except Named Insured vs. Named Insured o Any Punitive, Exemplary or Multiplied Damages exclusion o Any Subsidence exclusion

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Business Auto Liability

Amount of coverage shall be no less than:

$1,000,000 Per Accident

Current ISO edition of CA 00 01 Arising out of any auto (Symbol 1), including owned, hired and non-owned Workers’ Compensation and Employer’s Liability

Amounts of coverage shall be no less than:

Statutory Limits $1,000,000 Each Accident and

Disease Alternate Employer endorsement USL&H must be provided where such exposure exists.

The State in which work is to be performed must listed under Item 3.A. on the Information Page

Such insurance shall cover liability arising out of the Contractor’s employment of workers and anyone for whom the Contractor may be liable for workers’ compensation claims.

Workers’ compensation insurance is required, and no “alternative” forms of insurance shall be permitted.

Where a Professional Employer Organization (PEO) or “leased employees” are utilized, Contractor shall require its leasing company to provide Workers’ Compensation insurance for said workers and such policy shall be endorsed to provide an Alternate Employer endorsement in favor of Contractor and Owner. Where Contractor uses leased employees with Workers’ Compensation insurance provided by a PEO or employee leasing company, Contractor is strictly prohibited from subletting any of its work without the express written agreement of Owner.

Excess Liability (Occurrence Basis)

Amounts of coverage shall be no less than:

$5,000,000 Each Occurrence $5,000,000 Annual Aggregate

Such insurance shall be excess over and be no less broad than all coverages described above.

Drop-down coverage shall be provided for reduction and/or exhaustion of underlying aggregate limits and shall include a duty to defend any insured.

Professional Liability Amounts of coverage shall be no less than:

$1,000,000 Each Occurrence $2,000,000 Annual Aggregate If a combined Contractor’s

Pollution Liability and Professional Liability policy is utilized, the limits shall be $3,000,000 Each Loss and Aggregate.

Such insurance shall cover all services rendered by the Contractor and its consultants under the Agreement, including but not limited to design or design/build services.

Such insurance shall cover all services rendered by the Contractor and its subcontractors under the Agreement.

This insurance is not permitted to include any type of exclusion or limitation of coverage applicable to claims arising from:

o bodily injury or property damage where coverage is provided in behalf of design professionals or design/build contractors o habitational or residential operations o mold and/or microbial matter and/or fungus and/or biological substance o punitive, exemplary or multiplied damages.

Any retroactive date must be effective prior to beginning of services for the Owner.

RFP-20260903-ANNEX 13

Policies written on a Claims- Made basis shall be maintained for at least two years beyond termination of the Agreement.

Policies written on a Claims-Made basis shall have an extended reporting period of at least two years beyond termination of the Agreement. Vendor shall trigger the extended reporting period if identical coverage is not otherwise maintained with the expiring retroactive date.

Contractors Pollution Liability

Amounts of coverage shall be no less than:

$1,000,000 Each Loss $2,000,000 Annual Aggregate If a combined Contractor’s

Pollution Liability and Professional Liability policy is utilized, the limits shall be $3,000,000 Each Loss and Aggregate.

The policy must provide coverage for:

o the full scope of the named insured’s operations (on-going and completed) as described within the scope of work for this Agreement o loss arising from pollutants including but not limited to fungus, bacteria, biological substances, mold, microbial matter, asbestos, lead, silica and contaminated drywall o third party liability for bodily injury, property damage, clean up expenses, and defense arising from the operations;

o diminution of value and Natural Resources damages o contractual liability o claims arising from non-owned disposal sites utilized in the performance of this Agreement.

The policy must insure contractual liability, name Owner Parties as an Additional Insured, and be primary and noncontributory to all coverage available to the Additional Insured.

This insurance is not permitted to include any type of exclusion or limitation of coverage applicable to claims arising from:

o Insured vs. insured actions. However, exclusion for claims made between insured within the same economic family are acceptable.

o impaired property that has not been physically injured o materials supplied or handled by the named insured. However, exclusions for the sale and manufacture of products are allowed.

Exclusionary language pertaining to materials supplied by the insured shall be reviewed by the certificate holder for approval.

o property damage to the work performed by the contractor o faulty workmanship as it relates to clean up costs o punitive, exemplary or multiplied damages o work performed by subcontractors

If coverage is provided on a Claims Made basis, coverage will at least be retroactive to the earlier of the date of this Agreement or the commencement of contractor services relation to the Work.

The policy will offer an extended discovery or extended reporting clause of at least three (3) years.

Completed Operations coverage shall be maintained through the purchase of renewal policies to protect the insured and additional insured for at least two (2) years after the property owner accepts the project or this contract is terminated. The purchase of an extended discovery period or an extended reporting period on a Claims Made policy or the purchase of occurrence-based Contractors Environmental Insurance will not be sufficient to meet the terms of this provision.

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2. General Insurance Requirements

A. Definitions. For purposes of this Agreement:

i. “ISO” means Insurance Services Office.

ii. “Contractor” shall include the Builder and its subcontractors of any tier.

iii. “Owner Parties” means (a) County of Victoria, Texas (collectively referred to as “Owner”), (b) the

Project, (c) any lender whose loan is secured by a lien against the Work, (d) their respective shareholders, members, partners, joint venture’s, affiliates, subsidiaries, successors and assigns, (e) any directors, officers, employees, or agents of such persons or entities, and (f) others as required by the Contract Documents.

B. Policies.

i. Contractor shall maintain such Excess Liability, Professional and Pollution insurance in identical coverage, form and amount, including required endorsements, for at least two (2) years following Date of Substantial Completion of the Work to be performed under this Agreement. Contractor shall maintain such General Liability insurance in identical coverage, form and amount, including required endorsements, for at least ten (10) years following Date of Substantial Completion of the Work to be performed under this Agreement. Contractor shall provide written representation to Owner stating Work completion date.

ii. All policies must:

a. Be written through insurance companies authorized to do business in the State in which the work is to be performed and rated no less than A-: VII in the most current edition of A. M. Best’s Key Rating Guide at all times Work is to be performed.

b. Provide a waiver of subrogation in favor of Owner Parties on all insurance coverage carried by Contractor, whether required herein or not.

c. Contain an endorsement providing for thirty (30) days prior written notice of cancellation to Owner.

d. Be provided to the Owner Parties in compliance with the requirements herein and shall contain no endorsements that restrict, limit, or exclude coverage required herein in any manner without the prior express written approval of the Owner.

iii. Failure of any Owner Party to demand such certificate or other evidence of full compliance with these insurance requirements or failure of any Owner Party to identify a deficiency from evidence that is provided shall not be construed as a waiver of the Contractor’s obligation to maintain such insurance.

iv. Contractor shall provide to the Owner a certified copy of all insurance policies required herein within ten (10) days of any such request. Renewal policies, if necessary, shall be delivered to the Owner prior to the expiration of the previous policy.

v. Commencement of Work without provision of the required certificate of insurance, evidence of insurance or required endorsements, or without compliance with any other provision of this Agreement, shall not constitute a waiver by any Owner Party of any rights. The Owner shall have the right, but not the obligation, of prohibiting the Contractor or any subcontractor from performing any Work until such certificate of insurance, evidence of insurance and/or required endorsements are received and approved by the Owner.

C. Limits, Deductibles and Retentions

i. The limits of liability may be provided by a single policy of insurance or by a combination of primary and excess policies, but in no event shall the total limits of liability available for any one occurrence or accident be less than the amount required herein.

ii. No deductible or self-insured retention shall exceed $25,000 without prior written approval of the Owner, except as otherwise specified herein. All deductibles or retentions shall be paid by, assumed by, for the account of, and at the Contractor’s sole risk. The Contractor shall not be reimbursed for same.

RFP-20260903-ANNEX 15

D. Forms

i. If the forms of policies, endorsements, certificates or evidence of insurance required by this Exhibit A are superseded or discontinued, Owner will have the right to require other equivalent forms.

ii. Any policy or endorsement form other than a form specified in this Exhibit A must be approved in advance by Owner.

E. Evidence of Insurance. Insurance must be evidenced as follows:

i. ACORD Form 25 Certificate of Liability Insurance for liability coverages.

ii. ACORD Form 28 Evidence of Commercial Property Insurance for property coverages.

iii. Evidence shall be provided to Owner prior to commencing Work and prior to the expiration of any required coverage.

iv. ACORD Forms specify:

a. Owner as certificate holder at Owner’s mailing address;

b. Insured’s name, which must match that on this Agreement;

c. Insurance companies producing each coverage and the policy number and policy date of each coverage;

d. Producer of the certificate with correct address and phone number and have the signature of the authorized representative of the producer;

e. Additional Insured status in favor of Owner Parties;

f. Amount of any deductible or self-insured retention in excess of $25,000;

g. Designated Construction Project(s) General Aggregate Limit;

h. Primary and non-contributory status;

i. Waivers of subrogation; and

j. All exclusions and limitations added by endorsement to the General Liability coverage. This can be achieved by attachment of the Schedule of Forms and Endorsements page.

v. Copies of the following shall also be provided:

a. General Liability Additional insured endorsement(s);

b. General Liability Schedule of Forms and Endorsements page(s); and

c. 30 Day Notice of Cancellation endorsement applicable to all required policies.

F. Contractor Insurance Representations to Owner Parties

i. It is expressly understood and agreed that the insurance coverages required herein (a) represent Owner Parties’ minimum requirements and are not to be construed to void or limit the Contractor’s indemnity obligations as contained in this Agreement nor represent in any manner a determination of the insurance coverages the Contractor should or should not maintain for its own protection; and (b) are being, or have been, obtained by the Contractor in support of the Contractor’s liability and indemnity obligations under this Agreement. Irrespective of the requirements as to insurance to be carried as provided for herein, the insolvency, bankruptcy or failure of any insurance company carrying insurance of the Contractor, or the failure of any insurance company to pay claims accruing, shall not be held to affect, negate or waive any of the provisions of this Agreement.

ii. Failure to obtain and maintain the required insurance shall constitute a material breach of, and default under, this Agreement. If the Contractor shall fail to remedy such breach within five (5) business days after notice by the Owner, the Contractor will be liable for any and all costs, liabilities, damages and penalties resulting to the Owner Parties from such breach, unless a written waiver of the specific insurance requirement(s) is provided to the Contractor by the Owner. In the event of any failure by the Contractor to comply with the provisions of this Agreement, the Owner may, without in any way compromising or waiving any right or remedy at law or in equity, on notice to the Contractor, purchase such insurance, at the Contractor’s expense, provided that the Owner shall have no obligation to do so and if the Owner shall do so, the Contractor shall not be relieved of or excused from the obligation to obtain and maintain such insurance amounts and coverages.

iii. This Exhibit A is an independent contract provision and shall survive the termination or expiration of the Contract Agreement.

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G. Insurance Requirements of Contractor’s Subcontractors

i. Insurance similar to that required of the Contractor shall be provided by all subcontractors (or provided by the Contractor on behalf of subcontractors) to cover operations performed under any subcontract agreement. The Contractor shall be held responsible for any modification in these insurance requirements as they apply to subcontractors. The Contractor shall maintain certificates of insurance from all subcontractors containing provisions similar to those listed herein (modified to recognize that the certificate is from subcontractor) enumerating, among other things, the waivers of subrogation, additional insured status, and primary liability as required herein, and make them available to the Owner upon request.

The Contractor is fully responsible for loss and damage to its property on the site, including tools and equipment, and shall take necessary precautions to prevent damage to or vandalism, theft, burglary, pilferage and unexplained disappearance of property. Any insurance covering the Contractor’s or its subcontractor’s property shall be the Contractor’s and its subcontractor’s sole and complete means or recovery for any such loss. To the extent any loss is not covered by said insurance or subject to any deductible or co-insurance, the Contractor shall not be reimbursed for same. Should the Contractor or its subcontractors choose to self-insure this risk, it is expressly agreed that the Contractor hereby waives, and shall cause its subcontractors to waive, any claim for damage or loss to said property in favor of the Owner Parties.

H. Use of the Owners Equipment

The Contractor, its agents, employees, subcontractors or suppliers shall use the Owners equipment only with express written permission of the Owners designated representative and in accordance with the Owners terms and condition for such use. IF THE CONTRACTOR OR ANY OF ITS AGENTS, EMPLOYEES, SUBCONTRACTORS OR SUPPLIERS UTILIZE ANY OF THE OWNERS EQUIPMENT FOR ANY

PURPOSE, INCLUDING MACHINERY, TOOLS, SCAFFOLDING, HOISTS, LIFTS OR SIMILAR

ITEMS OWNED, LEASED OR UNDER THE CONTROL OF THE OWNER, THE CONTRACTOR

SHALL DEFEND, INDEMNIFY AND BE LIABLE TO THE OWNER PARTIES FOR ANY AND ALL

LOSS OR DAMAGE WHICH MAY ARISE FROM SUCH USE.

I. Release and Waiver The Contractor hereby releases, and shall cause its subcontractors to release, the Owner Parties from any and all claims or causes of action whatsoever which the Contractor or its subcontractors might otherwise now or hereafter possess resulting in or from or in any way connected with any loss covered by insurance, whether required herein or not, or which should have been covered by insurance required herein, including the deductible or uninsured portion thereof, maintained or required to be maintained by the Contractor or its subcontractors pursuant to this Agreement. THE FOREGOING RELEASE AND WAIVER APPLY

EVEN IF THE LOSS OR DAMAGE IS CAUSED IN WHOLE OR IN PART BY THE FAULT OR

NEGLIGENCE OR STRICT LIABILITY OF THE OWNER PARTIES.

RFP-20260903-ANNEX 17

PART II:

SCOPE OF WORK

The owner will be providing the following:

Roofing has already been let and is in progress. Includes cutting new opening, structural framing and decking shown on Sheet S1.0, and setting and flashing the new curbs. Mechanical Contractor responsible for pump pads shown on Sheet S1.0.

Energy Recovery Ventilator ERV-1 has been purchased and will be delivered to Victoria County Facilities Management and stored in the warehouse. It will be in (5) pieces, largest weighing 3800 pounds. Owner will transport to the jobsite on flatbed in coordination with Mechanical Contractor. Mechanical Contractor responsible for installation including but not limited to hoisting, setting, assembly including air flow stations and all work on mechanical drawings and specifications.

Pumps CHP-1 & CHP-2, Air Separator AS, Automatic Air Vents AAV, and 10 piping packages consisting of flow control valve,…