CITY OF VICTORIA, TEXAS

REQUEST FOR QUALIFICATIONS

for

VHFC PINE STREET REDEVELOPMENT

PROJECT

# RFQ-TA-10262026-PINE

Date Issued:

September 28, 2026

RESPONSES MUST BE RECEIVED NO LATER THAN:

2:00 PM CST OCTOBER 26, 2026

Non-Mandatory Site Visit: October 6, 2026 at 11:00 AM CST Location: 702 N. Main Street, Conference Room 205, Victoria, Texas 77901

City of Victoria Purchasing Department: Phone: 361-485-3170 Email: purchasing@victoriatx.org mailto:purchasing@victoriatx.org

TABLE OF CONTENTS

RESPONDING AND CONTRACT REQUIREMENTS:

Notice to Respondents

Part I: Introduction and Project Description

Part II: Project Goals

Part III: Scope of Partnership

Part IV: Desired Development Parameters

Part V: Selection Process

Part VI: Evaluation Criteria

Part VII: Submission Process

Part VIII: Reservation of Rights

Part IX: Submission Instructions

Part X: Attachments

Attachment A –Standard Terms and Conditions Exhibit A – Owner’s Insurance Requirements

NOTICE TO RESPONDENTS

REQUEST FOR QUALIFICATIONS

# RFQ-TA-10262026-PINE

The City of Victoria invites you to submit a qualifications for:

VHFC PINE STREET REDEVELOPMENT PROJECT

Qualification Responses addressed to the Procurement Manager will be received until October 26, 2026 at 2:00 PM. All Responses must be in the City of Victoria’s possession on or before the scheduled date and time (no late responses will be considered). The City of Victoria’s Purchasing Department is not open for weekend or holiday deliveries.

Respondents receiving a Request for Qualifications notice in the mail, or reading the announcement in the newspaper are advised that the documents are available at https://www.bidnetdirect.com/texas/city-of-victoria.

In accordance with Chapter 2254.004 of the Texas Government Code, the contract will be awarded to the most highly qualified provider of services on the basis of demonstrated competence and qualficiations to the City of Victoria. The City of Victoria shall evaluate the Responses on the basis of all factors described herein.

The City of Victoria reserves the right to refuse and reject any or all responses, waive any or all formalities or technicalities, accept the response or portions of the response determined to be the best value to the City of Victoria, and hold the responses for a period of 120 days without taking action. Respondents are required to hold their responses firm for the same period of time.

Qualifications will be received by electronic submission at Bid Net Direct – Texas Purchasing Group https://www.bidnetdirect.com/texas/city-of-victoria.

Thomas Anklam CTCD, CTCM Procurement Manager City of Victoria https://www.bidnetdirect.com/texas/city-of-victoria https://www.bidnetdirect.com/texas/city-of-victoria

I. INTRODUCTION AND PROJECT DESCRIPTION

The Victoria Housing Finance Corporation (VHFC), in partnership with a developer, are seeking proposals to develop an approximately 3.38-acre tract of land, being the former Water Treatment Plant, and located at the southeast corner of Pine and Levi Streets, located east of downtown Victoria, to be subdivided into and developed for single-family workforce housing.

The City seeks to engage a private partner capable of planning, financing, constructing, and operating development projects that can meet the development objective to redevelop the Pine Street Property and deliver new single-family owner-occupied homes targeted to workforce and low-to-moderate income households.

This solicitation is intended to identify interested and capable development partners for consideration in a potential competitive procurement process.

The subject property consists of approximately 3.4 acres located at 1201 Pine Street in Victoria, Texas. The site was historically developed and operated as a municipal water treatment facility serving the City of Victoria. Improvements on the property included treatment-related infrastructure such as storage tanks, a pump station, aeration facilities, utility structures, and associated operational buildings. Portions of the site were also used for ancillary functions including equipment storage and municipal service activities.

Following the cessation of water treatment operations, the property has remained largely inactive and is currently considered underutilized, with structures recently demolished to support future redevelopment. Surrounding land uses consist primarily of residential properties, along with nearby municipal and light industrial operations.

As part of the due diligence and planning process, the site has undergone both a Phase I and Phase II assessment to better understand historical conditions and current site characteristics. These evaluations included a review of historical uses as well as targeted field investigations and sampling.

Based on the findings of these completed studies, no significant impacts or conditions of concern were identified, and the property is considered suitable for future redevelopment without the need for special site-related restrictions. Additionally, the site has been platted into a single lot and has clear title. The project is in a proposed Opportunity Zone; final designations will be announced by January 1, 2027.

A map with the site location and final plat will be a separate document on BidNet to download.

II. PROJECT GOALS

• Expand affordable homeownership opportunities for workforce and moderate-income households.

• Activate underutilized infill land and improve neighborhood stability and property values.

• Deliver quality, energy-efficient, durable homes sized and priced to minimize homeowner monthly housing cost burden.

• Ensure long-term owner-occupancy through resale controls and affordability enforcement.

RFQ-TA-10262026-PINE 1

VHFC PINE STREET REDEVELOPMENT PROJECT

III. SCOPE OF PARTNERSHIP

The selected development partner may be asked, at a minimum to:

• Provide master planning, market analysis, and feasibility studies.

• Design, finance, construct, develop, and/or operate an infill housing program.

IV. DESIRED DEVELOPMENT PARAMETERS

The VHFC is seeking a development partner to develop the Pine Street infill site and has identified the following as a list of desired development parameters – an experienced developer may submit a proposal with alternate development parameters that meet the project goals.

A. Lot Count and Sizes Subdivision of approximately 20 lots. Lot sizes are expected to mett the 5,000 square-foot minimum.

Final lot layout to meet City requirements and site constraints.

B. Home Product Single-family detached homes, approximately 1,100 – 1,250 SF of conditioned living area (typical program: 3 beds / 2 baths, open great room / kitchen), with covered parking / carport and small, exterior accessed storage area. Modest floor plan variations acceptable if they meet price / affordability targets.

C. Target Homeowner Sale Prices $150,000 - $185,000 (maximum sales price not to exceed $185,000). The developer must demonstrate how construction costs, financing, and potential subsidy requests deliver homes within this window.

D. Program Assistance The developer must specify how the buyer financing and subsidy layer will meet the affordability targets.

E. Quality and Energy Performance Homes must meet City building codes and applicable federal requirements (lead paint, fair housing). Include a minimum one-year builder warrenty. Propose energy-efficiency measures (insulation, efficient HVAC systems, water-saving fixtures, and optional ENERGY STAR or equivalent) to reduce owner lifecycle costs.

F. Site Infrastructure Developer to contruct a 30” subdivision road (typical), sidewalks, water, sewer, storm utilities, street lighting, and street trees to City standards. Include lot grading, stormwater management and necessary flood-related surveys / mitigation if applicable.

G. Accessibility Provide code-required accessible routes and reasonable alterations to construction methods and materials to meet buyer accommodations where required.

H. Timeline Provide a realistic schedule with milestones for final design / permitting, infrastructure construction, lot acceptance, vertical construction starts, first closings, and final build-out. Target schedule should be presented.

I. Permits and Approvals Developer is responsible for all required plans, and coordination with the City, VHFC, utility providers, and any adjacent right-of-way owners.

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J. Financing Developer to propose a project financing structure that meets afford-ability targets.

K. Affordability Targeting Prioritize households up to workforce thresholds (e.g. up to 120% AMI) with the ability to layer CDBG mortgage assistance or similar gap funds for households at lower AMI levels (maximum 80% AMI per CDBG regulations). 90% of households benefited must be below the area median income.

L. Long Term Affordability Clause Proposals should consider long-term afford-ability clauses or other mechanisms to protect VHFC’s investment in affordable housing for the site.

M. Buyer Minimum Investment It is desired that the developed program require home-buyers to provide minimum investment (down payment / closing cost) and complete required home-buyer education prior to closing.

N. Buyer Selection Coordinate buyer selection with VHFC: the sales approach should be transparent and aligned with VHFC eligibility and sequencing (e.g. first-come, first-served among eligible applicants, or approved alternative method).

O. Insurance and Escrows The program should be developed to require buyer mortgages to escrow taxes and insurance.

P. Project Team, Experience, and Capacity For a submitted proposal to be considered, please submit the following.

• Provide developer and builder quailifications, staff roles, and relevant experience with delivering affordable infill single-family projects in similar markets.

• Demonstrate capacity to secure construction financing and close homes within the target price window.

• Provide references for comparable completed projects.

• Risk allocation and performance expectations.

• Identify anticipated development risks (site constraints, utilities, environmental, railroad adjacency, permitting) and propsed mitigation strategies.

• Provide realistic contingency assumptions in cost estimates.

• Describe warranty and defect remediation approach post-closing.

Q. Financial Requirements The proposal should include the following financial information.

• Must clearly show path to achieving target pricing.

• Include detailed sources and uses.

• Identify project lender and assumptions.

• Include per-unit cost breakdown.

R. Project Approach and Proposed Deliverables The submission should outline the following elements to showcase project preparedness.

• Site plan and lot layout.

• Floor plans and elevations.

• Detailed financial pro forma.

RFQ-TA-10262026-PINE 3

• Construction schedule.

• Financing Plan.

• Marketing strategy.

The City of Victoria will select an evaluation committee for the Project that will receive and evaluate SOQs, may interview a short list of highly qualified respondents, and recommend the best-qualified respondent to the City of Victoria City Council for selection and contract negotiation.

The City desires completion as soon as practicable. The target for completion of design and construction can be established in discussions with the selected team. In your response, please include an estimate for design deliverables and estimated construction time.

DEADLINES: Qualification Submissions received by the City after the stated deadline will be returned unopened and will be considered void and unacceptable. The City is not responsible for lateness of mail, carrier, or any method of delivery. Delivery by FAX is NOT acceptable. The time/date stamp clock in the City's Office shall be the official time of receipt.

A non-mandatory Pre-Qualification meeting will be held at 11:00 AM CST on October 6, 2026 at 702 N.

Main St. Suite # 205, Victoria, Texas 77901.

V. SELECTION PROCESS

Consistent with applicable state law and any City of Victoria ordinances and policies, the City selects professional services providers based upon qualifications.

The City shall select the firm for these projects based upon the demonstrated professional qualifications and competence necessary to deliver the services required.

Upon receipt of the SOQs by the stated deadline, the City’s selection committee will evaluate the respondents’ qualifications and rank them based on the following criteria. The City’s designated representative or selection committee may interview a short list of highest ranked firms. The designated representative or selection committee will select the most highly qualified firm to begin negotiations with. If negotiations are not successful, the City of Victoria will formally end negotiations, select the next most qualified firm and commence negotiations at a fair and reasonable price with the next selected firm.

No Ex-Parte Communications during Competitive Bidding Period. To insure the proper and fair evaluation of a response, the City prohibits ex parte communication (e.g., unsolicited) initiated by the proposed firm to a City of Victoria City Council member, employee or other designated representative evaluating or considering the responses prior to the time a formal decision has been made, except for questions to the appropriate person designated in this RFQ. Questions and other communication from responder will be permissible until 5:00 pm on the day specified as the deadline for questions. Any communication between responder and the City after the deadline for questions will be initiated by the appropriate City official or employee in order to obtain information or clarification needed to develop a proper and accurate evaluation of the response.

VI. EVALUATION CRITERIA

The City will evaluate each SOQ as follows:

Experience and Qualifications: Demonstrate experience and qualifications with success in related projects. Demonstrated range of successfully completed projects with the proposed team. This will be 35% of the total score.

RFQ-TA-10262026-PINE 4

Financial Capacity: Demonstrate ability to finance capital investments. This will be 20% of the total score.

Project Approach: Vision, Innovation, and compatibility with desired development parameters.

Understanding of the purpose, scope, and objectives of this RFQ. This will be 20% of the total score.

Team Composition: Key personnel, subcontractors, and consultants. This will be 20% of the total score.

Community & Economic Benefits: Tax base expansion and alignment with City goals.This will be 5% of the total score.

Criteria Weighted Value Experience and Qualifications 35% Financial Capacity 20% Project Approach 20% Team Composition 20% Community & Economic Benefits 5%

TOTAL POINTS 100%

VII. SUBMISSION PROCESS

The proposal shall be organized as shown below, with each section separated by a divider. Each divider shall have a tab clearly identifying the contents of the section.

Tab 1: Firm information:

• Firm name, address, officers, contact

• Litigation/arbitration history

• Sample Certificate of Insurance including carriers and policy limits and claims history

• Copy of HUB Certification, if applicable

• Copies of Licensure Certifications

Tab 2: Firm Experience

• Building types, budgets, and completion dates of a maximum of three projects for governmental entities.

• Experience in dealing with the authorities having jurisdiction over these types of projects.

Tab 3: Firm Capacity

• Names and resumes, of principals and personnel proposed for this Project.

• Names and resumes of principals and personnel of major sub-consultants proposed for this Project.

RFQ-TA-10262026-PINE 5

• Principal, officer, authorized representative non-collusion certification

• Conflict of interest questionnaire

• Form 1295

• Israel Verification Form

• Non-Suspension or Debarment Certification

• Felony Conviction Notification

• Reservation of Rights

• W9

Tab 5: Any Required Modifications to Standard Terms and Conditions

• Include any required modifications or revisions to the Standard Terms and Conditions attached hereto as Attachment A in memorandum or redline form.

In order for your firm or joint venture to be considered, your firm or joint venture must be licensed in the State of Texas.

Submit completed SOQ no later than: October 26, 2026 at 2:00 PM

CST Failure to manually sign the Response Form may disqualify the firm.

Persons signing the proposal must be officers of the firm or otherwise authorized to execute legal documents on behalf of the firm.

For your proposal to be responsive, you must submit all required sections.

Questions about the proposed project or the Qualifications shall be submitted in writing and addressed to Thomas Anklam at purchasing@victoriatx.gov within the timeline specified below.

Proposal Schedule Issue Request for Qualifications Deadline for Questions Deadline for Statement of Qualifications Review Statement of Qualifictions Interview Short List (if applicable) Negotiate and Finalize Contract Contract Approved by City Council

September 28, 2026 October 14, 2026 at 12:00 PM CST October 26, 2026 at 2:00 PM CST October 29, 2026 November 2 – 3, 2026 November 3 – 4, 2026 November 17, 2026

Tab 4: Certifications/Forms

RFQ-TA-10262026-PINE 6

mailto:purchasing@victoriatx.org

VIII. RESERVATION OF RIGHTS

The City is issuing this RFQ in accordance with applicable laws that allow an agreement with a private entity that displays demonstrated competence and qualifications to perform the requested task.

The City reserves the right to terminate this process and to cancel or modify this solicitation process at any time.

In no event will the City or any of its respective agents, representatives, consultants, directors, officers, or employees be liable for, or otherwise obligated to reimburse, the costs incurred in preparation of this RFQ, or any other related costs. The prospective firms shall be fully responsible for all costs incurred in the preparation or presentation of the RFQ submittals. The RFQ submittals will become the property of the City.

All submissions shall be subject to the Texas Public Information Act (TPIA) unless the respondent clearly and prominently identifies a particular submittal item as proprietary and said item unequivocally qualifies for this exception under the TPIA as determined by the Attorney General.

In connection with the RFQ, the City reserves all rights (which rights may be exercised by the City in its sole discretion) available to it under applicable laws, including without limitation, and with or without cause and with or without notice, the right to:

1. Cancel this RFQ, in whole or in part at any time before the execution of a contract by the City, without incurring any cost, obligations or liabilities.

2. Issue addenda, supplements, and modifications to this RFQ.

3. Revise and modify, at any time before the RFQ submittal due date, the factors or weights of factors the City will consider in evaluating RFQ submittals and to otherwise revise or expand its evaluation methodology as set forth herein.

4. Extend the RFQ submittal due date.

5. Investigate the qualifications of any firm under consideration and require confirmation of information furnished by a firm.

6. Require additional information from a firm concerning contents of its RFQ submittal and/or require additional evidence of qualifications.

7. Waive or permit corrections to data submitted with any response to this RFQ until such time as the City declares, in writing, that a particular stage or phase of its review of the responses has been completed or closed.

8. Reject at any time, any or all submittals, responses and RFQ submittals received.

9. Terminate, at any time, evaluations of responses received.

10. Appoint an evaluation committee to review RFQ submittals or responses, make recommendations and seek the assistance of outside experts and consultants in RFQ submittal evaluation.

11. Hold interviews and conduct discussions and correspondence with one or more of the firms responding to this RFQ to seek an improved understanding and evaluation of the responses to this RFQ.

RFQ-TA-10262026-PINE 7

12. Seek or obtain data from any source that has the potential to improve the understanding and evaluation of the responses to this RFQ.

13. Disclose information contained in an RFQ submittal to the public as required under the TPIA.

14. Authorize firms to substitute key personnel until the City declares, in writing, that a particular stage or phase of its review has been completed and closed.

15. Waive deficiencies in an RFQ submittal, accept and review a non-conforming RFQ submittal or seek clarifications or supplements to an RFQ submittal.

16. Disqualify any firm that changes its RFQ submittal without the City of Victoria’s authorization.

17. Exercise any other right reserved or afforded to the City under this RFQ. The City reserves the right to modify the process, in its sole discretion, to address applicable law and/or the best interest of the City.

The City shall not, under any circumstances, be bound by or be liable for any obligations with respect to any services until such time (if at all) a contract has been awarded and all approvals obtained in form and substance satisfactory to the City have been executed and authorized by the City, and then only to the extent of such agreements.

SIGNATURE: ______________________________________ DATE: __________________

PRINT NAME: _____________________________________________________________

COMPANY NAME: _________________________________________________________

ADDRESS: ______________________________________________________________

COUNTY/STATE/ZIP: ______________________________________________________

RFQ-TA-10262026-PINE 8

IX. SUBMISSION INSTRUCTIONS

Tab 1: Firm Information

Name of Firm: ________________________________________________________________

Federal Tax ID Number:

Business Address:

Business Address of Office that will provide services (if different from above):

Principals:

Phone Number:

Years in Business:

Contact Person:

Type of Organization:

(Individual, Partnership, Corporation, Association)

Has firm operated under any other name(s)? If so, state name(s) and dates of operation.

(Name) (Date)

(Name) (Date)

(Name) (Date)

RFQ-TA-10262026-PINE 9

Financial Statement

Please attach a financial statement for your firm as of your most recent fiscal year end. An audited financial statement is preferred.

Please furnish bank reference and bank contact person:

Name of Bank:

Business Address:

Contact Person: Phone Number:

RFQ-TA-10262026-PINE 10

Litigation and Arbitration History

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

Insert Insurance Certificate in compliance with Insurance Requirements in Exhibit A, Standard Terms and Conditions.

RFQ-TA-10262026-PINE 11

Tab 2: Firm Experience

Provide a list of building types, budgets, and completion dates of a maximum of three projects for governmental enetity.

Provide your experience in dealing with the authorities having jurisdiction over these types of projects.

(List only those projects that were designed by the firm completing this questionnaire.)

RFQ-TA-10262026-PINE 12

Tab 3: Firm Capacity

Attach names, organizational chart, and resumes of principals and personnel proposed for this project.

Attach names, resumes, of principals and personnel of major sub-consultants proposed for this project.

RFQ-TA-10262026-PINE 13

Tab 4: Certifications

• Principal, Officer, Authorized Representative Non-Collusion Certification

• Conflict of Interest Questionnaire

• Certificate of Interested Parties (Form 1295)

• Israel Verification Form

• Non-Suspension or Debarment Certification

• Felony Conviction Notification (Statement of Affirmation)

• Reservation of Rights

• W9

RFQ-TA-10262026-PINE 14

Tab 5: Any Required Modifications to Standard Terms and Conditions

• Include any required modifications or revisions to the Standard Terms and Conditions attached hereto as Attachment A in memorandum or redline form.

RFQ-TA-10262026-PINE 15

X. ATTACHMENTS

NON-COLLUSION CERTIFICATION

The undersigned affirms that he or she is duly authorized to execute this questionnaire, that this company, corporation, firm, partnership or individual has not prepared this statement of qualifications in collusion with any other person, firm or entity making or considering submitting a statement of qualifications to the City of Victoria for this Project, and that contents of this submittal as to terms or conditions of said submittal have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this submittal.

The undersigned further affirms that he or she has had no conversations, correspondence or communication with any City of Victoria employees or City Council Members regarding this Project since the issuance of this RFQ, save and except authorized communication with the City of Victoria’s representative designated in this RFQ.

The foregoing is true and correct. The City of Victoria, or any authorized representative of the City of Victoria, is authorized by the undersigned to contact any firm, institution, or person listed above to obtain relevant information.

Firm:

Address:

City/State/Zip:

Phone No:

Fax No:

Signature:

Typed Name:

Date:

RFQ-TA-10262026-PINE 16

CONFLICT OF INTEREST QUESTIONNAIRE

RFQ-TA-10262026-PINE 17

CERTIFICATE OF INTRESTED PARTIES (FORM 1295)

State of Texas Local Government Code (Chapter 2252) states that the City of Victoria may not enter into a contract with a business entity unless and until the business entity has submitted a Certificate of Interested Parties (hereafter referred to as “Form 1295”) to the City of Victoria for filing with the Texas Ethics Commission (hereafter referred to as “TEC”). Instructions for completing this form are included at https://www.ethics.state.tx.us/whatsnew/elf_info.form1295.htm. Form 1295 must be submitted with your SOQ.

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https://www.ethics.state.tx.us/whatsnew/elf_info.form1295.htm

ISRAEL VERIFICATION FORM

I, ______________________________________, the undersigned representative of _________________________________________________________ (the “Company”) being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby declare, represent, and verify under oath that the Company, under the provisions of Chapter 2270 of the Texas Government Code, as amended:

1. does not boycott Israel currently; and

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

Pursuant to Section 2270.001 of the Texas Government Code:

1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and

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

DATE SIGNATURE OF COMPANY REPRESENTATIVE

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

NOTARY SEAL ____________________________________

NOTARY SIGNATURE

Date

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NON-SUSPENSION OR DEBARMENT CERTIFICATION

The City of Victoria is prohibited from contracting with or making prime or sub-awards to parties that are suspended or debarred or whose principals are suspended or debarred from Federal, State, or City of Victoria contracts. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000.00 and all non-procurement transactions. This certification is required for all Vendors on all City of Victoria contracts to be awarded and all contract extensions with values equal to or in excess of $25,000.00 or more and all non-procurement transactions.

The Offeror hereby certifies that its firm and its principals are not currently suspended or debarred from bidding on any Federal, State, or City of Victoria contracts.

Dated this _________________ day of ___________________, __________________________

Applicant Name: _______________________________________________________________

Authorized Signature: ___________________________________________________________

Title: _________________________________________________________________________

RFQ-TA-10262026-PINE 20

FELONY CONVICTION NOTIFICATION

Note: The Statement of Affirmation Must Be Notarized.

STATEMENT OF AFFIRMATION

“The undersigned affirms that he/she is duly authorized to provide this information by the person(s) or business entity making the proposal, and the information provided below concerning felony convictions has been personally and thoroughly reviewed, and verified, and is, therefore, current, true and accurate to the best of my knowledge.”

a. ____ My firm is a publicly held corporation, therefore, this reporting requirement is not applicable.

b. ____ My firm is not owned nor operated by anyone who has been convicted of a felony.

c. ____ My firm is owned or operated by the following individual(s) who has/have been convicted of a felony.

Name of Felon(s):

Details of Conviction(s):

PLEASE CHECK a, b, or c ABOVE AND SIGN BELOW.

Respondent’s Name:____________________________________________________________

Position/Title:_________________________________________________________________

Offerors Signature:_____________________________________________________________

Date:________________________________________________________________________

Subscribed and sworn to me on this __________day of ________________________________

Notary Public:_________________________________________________________________

My Commission expires on :_____________________________________________________

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ATTACHMENT A:

STANDARD TERMS AND CONDITIONS

AGREEMENT: This set of Terms and Conditions is incorporated into a Contract in its entirety and, upon execution of the Contract by both Parties, constitutes a portion of the Parties’ Agreement. No change, modification or revision to the Agreement shall be binding unless made in writing and signed by the Parties. The City will not in any manner be responsible for goods delivered or work done for our account without a written order.

DEFINED TERMS: Where utilized in this Request for Proposals, Contract, requirements/specifications, or elsewhere, the following defined terms shall have the meaning assigned to them:

1. “Contract Documents” means the its terms and conditions, the technical specificiations, requirements, specifications, drawings, addendum, and amendments, all of which comprise the full agreement of the Parties.

ACCEPTANCE: Acceptance of this Standard Terms and Conditions shall be deemed effective upon t h e City’s execution of this Contract or upon shipment of the goods which are the subject of this Contract, whichever occurs first. Any proposal made by Respondent for additional or different terms and conditions or any attempts by Respondent to vary, in any degree, any of the terms and conditions of this Contract is hereby rejected.

COMPLETION: TIME IS OF THE ESSENCE IN THE PERFORMANCE OF THIS

CONTRACT. If Respondent fails to effect delivery or performance of the associated services required by the City in accordance with the project schedule, delivery schedule, or other time requirements as communicated to Respondent in the Contract or its attachments, in addition to its other rights and remedies hereunder, the City shall have the right to terminate this Contract by notice effective when received by Respondent or after the expiration of five days from the date of mailing of such notice, whichever occurs first. Such termination shall be effective as to goods not yet received by the City or services not yet rendered, regardless of their transit status. Thereafter, the City shall have the right to purchase substitute goods or services elsewhere and charge Respondent with any and all losses, costs and expenses, including, but not limited to actual, consequential and incidental damages, reasonable attorneys’ fees, and engineering or consulting fees incurred by the City by reason of such delay or termination.

PRICES: Respondent warrants that the prices shown hereunder are the prices quoted to the City at the time of sale and include all costs incurred by Respondent for shipment of all goods included in this Contract. In the event of any price reduction between execution of the Contract and delivery of the goods, the City shall be entitled to such reduction.

INSPECTION: The City shall have a reasonable time after delivery or performance to inspect the items delivered or the services performed. All such items or services must conform to the specifications, instructions, drawings and data set forth on the face hereof. The City may reject and refuse acceptance of any items or services which do not so conform. The City shall notify Respondent of such rejection by either notice in writing and by the return to Respondent of the rejected items at Respondent’s expense and risk.

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RESPONSIBILITY FOR COMPLETION: Respondent represents that it has examined the requirements/specifications, schedule, plans, drawings, and other documentation in the Contract Documents which Respondent acknowledges are full and complete and are sufficient to enable Respondent to determine the cost of the materials and has fully acquainted itself with all conditions relevant to the work and materials on the Project site and assumes the risk of any variance between the actual conditions and those set out in Contract Documents. Any failure by the City at any time, or from time to time, to enforce or require the strict keeping and performance of any of the terms or conditions of this Contract shall not constitute a waiver of such terms or conditions and shall not affect or impair such terms or conditions in any way, or the right of the City at any time to avail itself of such remedies, as it may have for any breach or breaches of such terms or conditions.

WARRANTIES / GUARANTEES: Respondent expressly warrants that the items and services covered hereunder shall be free of defects in workmanship and shall strictly conform to applicable specifications, instructions, drawings, etc. These warranties shall be in addition to all warranties, express, implied or statutory. All warranties shall run to Buyer, its customers and subsequent owners of items or services covered hereunder.

INDEMNIFICATION: TO THE FULLEST EXTENT PERMITTED BY LAW,

RESPONDENT SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY

OF VICTORIA AND ITS OFFICERS, DIRECTORS, AGENTS,

REPRESENTATIVES, EMPLOYEES FROM AND AGAINST ALL CLAIMS, LOSSES,

EXPENSES, COSTS, DEMANDS, SUITS, CAUSES OF ACTION, AND DAMAGES,

INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES, ENGINEERING OR

OTHER CONSULTANTS’ FEES, OF ANY KINDS RESULTING FROM

RESPONDENT’S PERFORMANCE OR NONPERFORMANCE OF ITS

OBLIGATIONS PURSUANT TO THIS PURCHASE ORDER, FAILURE OF GOODS, OR

ACTS RESULTING IN BODILY INJURY OR PROPERTY DAMAGE, BUT ONLY TO THE

EXTENT OF THE NEGLIGENCE OR OTHER FAULT OF RESPONDENT, ITS AGENTS,

REPRESENTATIVES, EMPLOYEES OR SUBCONTRACTORS OF ANY TIER.

NO DAMAGES FOR DELAY: Respondent shall have no right to claim any damages against the City, including consequential or incidental damages, as a result of delay. Extension of time for Respondent’s performance is conditioned upon the City’s approval of an extension of time to the contract or delays claimed by Respondent. Failure of Respondent to make a claim promptly shall be deemed a waiver of the right to a claim for an extension of time for the particular cause.

TERMINATION: The City may terminate this Contract or any part thereof for cause in the event of any default by Respondent, or if Respondent fails to comply with any of the terms and conditions of this offer. The Uniform Commercial Code of the State of Texas shall apply to the City’s rights and remedies under commercial transactions. The City reserves all rights, remedies, and warranties, express and implied, under the UCC. Respondent may not terminate this Contract unless the City fails to provide payment for goods and/or associated services expressly accepted by the City.

TAXES: The City of Victoria is exempted from all city, state, and federal excise taxes. DO NOT include tax on your invoice.

RFQ-TA-10262026-PINE 23

INSURANCE: In the event that Respondent’s performance hereunder requires or contemplates the performance of services by Respondent’s employees, or other persons under contract to Respondent, whether such services are to be performed at the place of delivery of such goods or services, or elsewhere, Respondent agrees that any such performance of services shall be done as an independent contractor and that the persons doing such work shall not be considered employees of the City.

BONDS: To the extent the services required of Respondent pursuant to this Contract have and agreed value in excess of $100,000, Respondent shall provide a performance bond pursuant to Chapter 2253 of the Texas Government Code on a form acceptable to the City. Said form shall be provided as an exhibit to this Contract or provided to Respondent for presentment to a licensed corporate surety for provision of the required bond. Respondent’s provision of a required bond on a form other than that proscribed by the City shall be rejected and may be grounds for termination of this Contract by the City.

PAYMENT: Invoices will be paid according to agreed payment terms as reflected in the purchase order or within 30 days after receipt of the items or completion of required services. Payment for the goods delivered under this Contract shall not be acceptance of such goods. Goods shall only be deemed accepted when they have actually been counted, inspected, and tested by the City and found to be in conformance with this Contract. However, failure to inspect or test by the City shall not relieve Respondent of any responsibility hereunder.

REMEDIES: The rights and remedies reserved to the City herein, except where expressly stated to be exclusive, shall be cumulative and in addition to any other or further rights and remedies provided by law or equity. No waiver of any breach of these provisions shall be deemed to constitute a waiver of any other breach.

ASSIGNMENT: Neither this Contract nor any right or obligations herein may be assigned by Respondent nor may Respondent delegate the performance of any of its duties hereunder without in either case the City’s prior written consent.

FORCE MAJEURE: Either party to this Contract shall be free from liability for failing to perform hereunder if such failure is caused due to acts of God, labor difficulties, fires or other causes beyond the reasonable control of the affected party. In the event that Respondent is unable to perform for such reasons beyond its reasonable control, the City shall have the right to either continue the delivery dates until Respondent is able to perform or terminate this Contract.

DISPUTE RESOLUTION: In the event of disputes over price, quantity or quality, the City shall have the right to audit Respondent’s records in order to resolve the dispute. Pending resolution of the dispute, amicably or otherwise, Respondent shall proceed diligently with the performance of this Contract as directed by the City. The Contract shall be governed by the laws of the State of Texas. In the event that a dispute arises between the City and Respondent, the parties agree that the excusive venue to submit said disputes is the State District Courts of Victoria County, Texas for resolution.

SENATE BILL 13: Contractor understands and agrees that it does not boycott energy companies and will not boycott energy companies during contract term for contracts with entities with at least 10-full time employee and that is valued at $100,000 or greater.

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SENATE BILL 19: Contractor agrees and understands that it does not have a practice, policy, guidance or directive that discriminates against a firearm entity or trade association and will not discriminate during the term of the contract for contracts valued at $100,000 or greater.

SENATE BILL 943: Contractor agrees and understands that for contracts that are worth more than $1,000,000, contrtactor shall preserve all contracting information as provided by the records retention requirements applicable to the City for the duration of the contract, promptly provide the City any contracting information that is in the custody or possession of the vendor upon request, and on completion of the contract, either (a) provide, at no cost to the City, all contracting information that is in the vendor’s custody or possession, or (b) provide preserve the contracting information as provided by the records retention requirements applicable to the City.

The City:

The City of Victoria, Texas

By:_______________________ Name:____________________ Title:______________________

Respondent:

a __________________________

By:________________________ Name:_____________________ Title:______________________

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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 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.

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

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.

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.

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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.

RFQ-TA-10262026-PINE 28

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) City of Victoria, Texas (collectively referred to as “Owner”), (b) the Project, (c) any…