BID NO. 27-07

CITY OF KILLEEN, TEXAS

ROSEWOOD DRIVE & ASPEN DRIVE

INTERSECTION IMPROVEMENTS

OCTOBER 7, 2026

ENGINEERING DEPARTMENT

CITY OF KILLEEN

BELL COUNTY, TEXAS

Kimley-Horn and Associates, Inc.

10814 Jollyville Road Campus IV, Suite 200 Austin, Texas 78759

(512)418-1771

TBPE FIRM REGISTRATION NO. 928

TABLE OF CONTENTS

- City Officials

BIDDING REQUIREMENTS

- Notice to Bidders

- Instruction to Bidders

- Bid or Proposal General Terms and Conditions – City of Killeen

BID DOCUMENTS (To be returned with Bid)

- Bid Proposal

- Bid Bond

- Conflict of Interest Questionnaire (Form CIQ)

- Statement of Qualifications

- Litigation Summary

- Certificate of Corporate Resolution

- Local Government Officer Conflicts Disclosure

- Certificate of Interested Parties – Form 1295, to be completed online at

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

CONTRACT

- Standard Form of Agreement

- Performance Bond

- Payment Bond

- Standard General Conditions of the Construction Contract

- Supplementary Conditions

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

- Contract Verification Form

STANDARD FORMS

- Notice of Award Form

- Notice to Proceed Form

- Payment Request Form

- Shop Drawing Transmittal Form

- Change Order Form

- Material on Hand Sheet

- Material on Hand Summary Sheet

- Certificate of Substantial Completion Form

- Certificate of Construction Completion Form

- As Built Certification and Transmittal

- Title Warranty

- Affidavit of Payment of Debts and Claims

TECHNICAL SPECIFICATIONS

- City of Killeen Specifications

- Texas Department of Transportation Specifications

CITY OFFICIALS:

MAYOR

Joseph Solomon

COUNCIL MEMBERS

Jessica Gonzalez Charles F. Kimble

David Bass Anthony Kendrick Debbie Nash-King

Mellisa Brown Beverly Ann Williams

CITY MANAGER

Kent Cagle

EXECUTIVE DIRECTOR OF PUBLIC WORKS

Kristina Ramirez

CITY ENGINEER

Andrew Zagars, P.E.

BID NO. 27-07

Rosewood Drive & Aspen Drive Intersection Improvements

The City of Killeen will receive sealed bids for Project 326-001, Rosewood Drive & Aspen Drive Intersection Improvements electronically through the City’s eProcurement Portal or addressed to the City of Killeen, Attn: Purchasing Division, 802 N. 2nd Street, Building G, Killeen, Texas 76541, until 2:00pm on November 12, 2026. Mailed or hand delivered bid submissions must be sealed and plainly marked with the name and address of the bidder and “27-07, 326-001, Rosewood Drive & Aspen Drive Intersection Improvements, 2:00pm on November 12, 2026”.

Submittals received after the closing time will be returned unopened.

Vendors may register and submit bids electronically at https://procurement.opengov.com/login.

Bids will be opened and read aloud through Zoom online video conferencing promptly after 2:00pm on November 12, 2026; A brief delay may occur due to processing of hand-delivered submissions or technical difficulties. Zoom access is shown below. The general public will not be allowed inside the facility.

Zoom access:

For viewing follow;

https://us02web.zoom.us/j/3397887656?pwd=Z0VWU1czOGRpQ245enJWS1hCSnJJUT09 Call: 1-346-248-7799 Meeting ID: 339 788 7656 Password: 04142020

No Pre-Bid Meeting will be held.

Bid questions will be accepted on the OpenGov e-bidding site , until 2:00pm on November 3, 2026.

Questions will be answered in the form of an addendum and posted on the OpenGov E-Bidding site. It is the bidder’s responsibility to obtain and acknowledge all addendums.

Complete information regarding this solicitation may be obtained from the City of Killeen website (https://www.killeentexas.gov/414/Purchasing) and OpenGov E-Procurement Portal (https://procurement.opengov.com/login).

The City of Killeen reserves the right to reject any or all bids and waive any irregularities.

Sophonia Price

Director of Procurement and Contract Management https://procurement.opengov.com/login https://procurement.opengov.com/login https://us02web.zoom.us/j/3397887656?pwd=Z0VWU1czOGRpQ245enJWS1hCSnJJUT09 https://procurement.opengov.com/login https://procurement.opengov.com/login https://www.killeentexas.gov/414/Purchasing) https://procurement.opengov.com/login)

INSTRUCTIONS TO BIDDERS

1. PREPARATION OF BIDS:

This is your notice that sealed bids for Rosewood Drive & Aspen Drive Intersection Improvements are subject to the Terms and Conditions of this Invitation for Bids (General Terms and Conditions attached hereto) and such other contract provisions, specifications or other data as are attached to this Bid (known as the bid packet), will be received electronically through the City’s eProcurement Portal or addressed to the City of Killeen, Attn: Purchasing Division, 802 N. 2nd Street, Building G, Killeen, TX, 76541, until 2:00pm on November 12, 2026. Complete bids received by electronic mail or by facsimile (fax) will not be considered.

Mailed or hand delivered bids must be sealed and plainly marked with the name and address of the Bidder and “27-07, 326-001, Rosewood Drive & Aspen Drive Intersection Improvements, November 12, 2026, 2:00pm”.

Submittals received after the closing time will be returned unopened.

Vendors may register and submit proposals electronically at https://procurement.opengov.com/login.

Bidders are encouraged to submit bids electronically, however, if submitted by mail or hand delivered, one (1) original, signed, and initialed in ink (not pencil), and one (1) electronic copy on a flash drive of the entire bid packet shall be submitted at the above location prior to the bid deadline. All bidder markings on the bid packet shall be in a legible format in English. Any non-legible markings may make the bid non-responsive and disqualify your bid submission. All errors or changes in the bid shall be corrected by striking through the error or change once with ink. The bidder shall initial next to each correction made. All corrections shall be complete and final before submitting your bid by the stated deadline. Bidders shall submit at least three (3) businesses as references of the proposed item, with addresses, telephone numbers, and contact persons.

The City of Killeen (or "City") reserves the right to reject any or all bids and evaluate any or all project/service prior to bid award. Bid documents must be complete and sealed in an envelope when received by the Purchasing Office. Bids must be plainly marked on the outside of the envelope as follows: 27-07, Rosewood Drive & Aspen Drive Intersection Improvements. All bidder submissions shall also have the bidders name with contact information marked on the outside of the envelope.

In the case of inclement weather or any other unforeseen event causing the City to close for business or delay opening, bids will be received and opened the following business day at the designated time stated herein. For example, if bids are due on Wednesday at 2:00 p.m. and the City is closed on Wednesday for bad weather or an unforeseen event, the bids will be accepted until Thursday, 2:00 p.m. or if bids are due at 2:00 p.m. on

Wednesday, but the City opened at 10:00 a.m. on Wednesday due to bad weather or an unforeseen event, then bids will be accepted until Thursday, 2:00 p.m.

All questions or requests for clarification must be submitted using the OpenGov e-bidding site no later than 2:00pm on November 3, 2026. Submissions outside of OpenGov’s Q&A feature will not be accepted as valid questions. Only questions received through the Q&A feature prior to the submission deadline will be considered. All responses will be posted via the OpenGov Q&A section in the form of a public addendum (if necessary) so that all bidders have access to the answers.

Unauthorized contact with City of Killeen employees or contractors about this Invitation to Bid may lead to disqualification. Oral communication is unofficial and non binding.

Bidders must rely solely on written statements issued by the Director of Procurement and Contract Management.

2. INTERPRETATION OF CONTRACT DOCUMENTS AND TECHNICAL

SPECIFICATIONS, AND PLANS:

Bidders desiring further information, or further interpretation of the Contract Documents and TECHNICAL SPECIFICATIONS and PLANS must make request for such information to the Engineer, prior to 48 hours before the bid opening. Answers to all such requests will be given in writing to all bidders, in addendum form, and all addenda will be bound and made a part of the Contract. No other explanation or interpretation will be considered official or binding. Should a bidder find discrepancies in, or omissions from the Contract Documents, TECHNICAL SPECIFICATIONS, or PLANS, or should he be in doubt as to their meanings, he should at once notify the Engineer in order that a written addendum may be sent to all bidders. It is the responsibility of the bidders to know if they received all such addenda, complete files of which will be maintained in the office of the Engineer and in the Office designated to receive the BIDS.

3. AWARD OF CONTRACT

Unless he rejects all BIDS, the Owner will award the Contract within sixty (60) days of the bid date, unless the time is extended by mutual consent. Award will be made on the basis of the greatest advantage to the Owner, considering all elements of the BIDS. The right is reserved to reject any or all BIDS and to waive technical defects, as the interest of the Owner may require.

4. CONDITIONS OF WORK:

Each bidder is expected to inform himself fully of the construction and labor conditions under which the work will be performed, and will be presumed to have inspected the site and to have read and to be thoroughly familiar with the Contract Documents, TECHNICAL SPECIFICATIONS, and PLANS. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of the Contract and to complete the contemplated work for the considerations set forth in this BID. Any information given in regard to subsurface data, test borings, and similar conditions are to be considered approximate and does not relieve the bidder of the responsibility for its verification.

5. TIME OF COMPLETION:

The Contractor shall have 180 working days to complete the proposed work. Liquidated damages in the amount of $500 shall be assessed each day thereafter.

6. SITE INVESTIGATION:

The Bidder acknowledges that he has satisfied himself as to the nature and location of the Work, the general and local conditions, including, but not limited to, those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads, and uncertainties of weather, river stages, or similar physical conditions of the site, the conformation and facilities needed preliminary to and during prosecution of the Work.

7. QUALIFICATION OF BIDDERS:

The Owner may make such investigations as he deems necessary to determine the ability of the Bidder to perform the Work. The Bidder shall furnish all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the Bidder is not properly qualified to carry out the obligations of the Contract.

Conditional bids will NOT be accepted.

1. City of Killeen General Terms and Conditions

In these general conditions document, Invitation to Bid (ITB), Request for Proposal (RFP), and Request for Qualifications (RFQ) are interchangeable. The terms “bid” and “proposal” are synonymous, as are the terms “contract,” “agreement” and “purchase order.” The terms “Bidder,” “Proposer,” “Supplier” and “Contractor” are also used interchangeably, and each shall apply to the business entity which submits a bid / proposal or is awarded a contract.

1.1. General Conditions

Bidders are required to submit their Bid upon the following express conditions:

A. Bidders shall make all investigation necessary to thoroughly inform themselves regarding plant and facilities for delivery of material and equipment as required by the Bid conditions. No plea of ignorance by the bidder of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the bidder to make the necessary examinations and investigations, or failure to fulfill in every detail the requirements of the contract documents, will be accepted as a basis for varying the requirements of the City or the compensation to the bidder.

B. Unless specifically stated otherwise in the specifications, only new products or equipment will be acceptable.

1.2. Preparation of Bid

Bid will be prepared in accordance with the following:

A. All information required by the Bid shall be furnished. The bidder shall print or type his/her name and manually or electronically sign the Bid and each continuation sheet on which an entry is made.

B. Unit prices shall be shown and where there is an error in extension of the price, the unit price shall govern.

C. Alternate Bids will not be considered unless authorized by the City within the specifications.

D. Proposed delivery time must be shown and shall include weekends and holidays if requested by the City.

E. The City qualifies for exemption from State and Local Sales and Use Taxes pursuant to the provision of Article 20.04(f) of the Texas Limited Sales, Excise and Use Tax Act. Taxes normally levied on the purchase, rental and lease of materials, supplies and equipment used or consumed in performance of the Contract may be exempted by issuing to suppliers an exemption certificate in lieu of tax. Exemption certificates comply with State Comptroller of Public Accounts Ruling No.

95-0.07. Any such exemption certificate issued in lieu of tax shall be subject to State Comptroller of Public Accounts Ruling No. 95-0.09, as amended. Failure by the Bidder or the bidder’s Subcontractors to take advantage of the City’s exemption and to obtain such exemption certificate shall make him responsible for paying taxes incurred on materials furnished on the Project without additional cost to or reimbursement by the City.

1.3. Description of Supplies

Any catalog of manufacturer's reference used in describing an item is merely descriptive, and not restrictive, unless otherwise noted, and is used only to indicate type and quality of material. Bidders are required to state exactly what they intend to furnish; otherwise, they will be required to furnish the item as specified.

1.4. Submission of Bid

By submitting your Bid, you acknowledge that the City of Killeen will not accept any Bid, or execute any submitted contract in conjunction with a Bid that requires the City to agree to any of the following:

• Governing law other than the law of the State of Texas

• Venue other than Bell County

• Mandatory arbitration

• Artificial limitation of liability

• Artificial statute of limitation

• Waiver of trial by jury

• Indemnify a vendor

A. Bid and changes thereto shall be enclosed in a sealed envelope addressed to the Purchasing Office, City of Killeen. The names and address of Bidder, the date and hour of the Bid opening and the Bid number shall be placed on the outside of the envelope.

B. Bids must be submitted on the forms furnished. Telegraphic Bids will not be considered. However, Bids may be modified by written notice provided such notice is received prior to the time and date set for the Bid opening.

C. All Bid documents shall be sealed and submitted no later than the specified date and hour of the Bid opening to:

Electronically submit bids to OpenGov E-Bidding Site: (https://procurement.opengov.com/login)

OR

Delivery Address:

City of Killeen

Attn: Purchasing Division

802 N 2nd Street, Building G

Killeen, TX 76541 or

SPrice@killeentexas.gov

1.5. Rejection of Bid

The City may reject a Bid if:

A. The Bidder mistakes or conceals any material fact in the Bid, or if B. The Bid does not strictly conform to law or the requirements of the Bid, or if C. The Bid is conditional, except that the Bidder may qualify his Bid for acceptance by the City as an

"All or None" basis.

The City may, however, reject all Bids whenever it is deemed in the best interest of the City to do so, and may reject any part of a Bid unless the Bid has been qualified as provided above.

1.6. Withdrawal of Bid

A bidder may withdraw a bid that has been submitted at any time up to the due date and time. To accomplish this, mailed or hand delivered bids require a written request signed by an authorized representative of the bidder and emailed to the Director of Procurement and Contract Management at SPrice@killeentexas.gov. Bids submitted on the City's eProcurement Portal can be withdrawn on the City's https://procurement.opengov.com/login mailto:sprice@killeentexas.gov https://lluciano@killeentexas.gov https://procurement.opengov.com/login eProcurement Portal. All bids shall be valid for a period of ninety (90) days after the bid opening. The City reserves the right to withdraw this Invitation for Bid for any reason.

1.7. Late Bid or Modifications

Bid and modifications received after the time set for the Bid opening will not be considered.

1.8. Clarification or Objection to Bid Specifications

If any person contemplating submitting a Bid for this contract is in doubt as to the true meaning of the specifications, or other Bid documents, or any part thereof, he may submit a request for clarification by the deadline established in the Bid through the OpenGov e-bidding site. All such requests for information shall be made in writing and the person submitting the request will be responsible for its prompt delivery.

Any interpretation of the Bid, if made, will be made only by an Question & Answer section or addendum duly issued. It is the bidders responsibility to acknowledge all addenda within the OpenGov system. The City will not be responsible for any other explanation or interpretation of the proposed Bid made or given prior to the award of the contract. Any objection to the specifications and requirements, as set forth in the Bid documents must be filed in writing with the Purchasing Division by the deadline established in the Bid.

1.9. Discounts

A. Prompt payment discounts will be considered in making the award provided the period of the discount offered is sufficient to permit payment within such period in the regular course of business.

B. In connection with any discount offered, time will be computed from the date of receipt of supplies or services or from the date a correct invoice is received, whichever is the later date.

Payment is deemed to be made on the date of mailing of the check.

1.10. Award of the Contract

The contract will be awarded to the lowest and/or the most responsible bidder; or, if applicable, to the responsible bidder who provides goods or services at the most advantageous value for the municipality.

“Lowest responsible bidder” means the bidder submitting the lowest bid meeting all requirements of the specifications, instructions, and terms and conditions of the bid and who has the financial and practical ability to perform all obligations of the contract fully and reliably. In evaluating this, the municipality will take into account the bidder’s qualifications and past performance.

The following are examples of performance (not exhaustive) that may lead to a determination that a bidder is not responsible:

• Falsification of information provided in bid response;

• Non-observance of safety requirements;

• Failure to meet requirements of federal, state, or local law, as applicable, including employment;

• Substantial failure to adhere to contractually agreed-upon schedules; and

• Poor past performance on City projects such as use of defective materials, refusal to correct defective work not in accordance with contract documents, failure to reasonably resolve disputes, termination for cause, or performance leading to litigation.

Determination of most advantageous Bid for the municipality may be based on, but not limited to:

• Unit price

• Total Bid price

• Terms and discounts

• Delivery date

• Product warranty

• Special needs and requirements of City

• Past experience with product/service

• City's evaluation of the bidder's ability, financial strength, and ethical standards

• Quality of the bidder’s goods or services

• The extent to which the goods or services meet the municipality’s needs

• Bidder's past performance

• Demurrage charges, freight costs and mileage

• Estimated costs of supplies, maintenance, etc.

• Estimated surplus value, life expectancy

• Results of testing samples

• Conformity to specifications

• Training requirements, location, etc.

• Location of maintenance facility/service person; ability to provide for minimum down time

• The total long-term cost to the municipality to acquire the bidder’s goods or services

• Reputation of bidder and of bidder goods and services

A. Weighted Award: If the bid specifies that evaluation will be made using a weighted award method

(e.g. price plus qualifications, delivery time, warranty, service, etc.), bidders should ensure they address all factors used in the scoring. A bidder might have the lowest price but not win the contract if, under the weighting scheme, another bidder’s overall “value” (price plus non-price factors) is determined to be more advantageous to the municipality.

B. The City reserves the right to accept any item or group of items of this Bid, unless the Bidder qualifies his Bid by specific limitation.

C. A written award of acceptance mailed or otherwise furnished to the successful Bidder(s) will then be followed up with a contract/service agreement for review by the City’s legal team, if not otherwise specified within.

D. Prices must be quoted "F.O.B. Destination (Killeen) with all transportation charges prepaid," unless otherwise specified in the Bid.

E. If identical Bids are received from two or more bidders and those Bids are the lowest and best Bid, the tie shall be broken in accordance with provisions in Chapter 271.901 of the Texas Local Government Code.

F. As stated in Section 271.905 (b) of the Texas Local Government Code, “In purchasing under this title any real property or personal property that is not affixed to real property, if a local government receives one or more competitive sealed Bids from a bidder whose principal place of business is in the local government and whose Bid is within three percent of the lowest Bid price received by the local government from a bidder who is not a resident of the municipality, the local government may enter into a contract with: (1) the lowest bidder; or (2) the bidder whose principal place of business is in the local government if the governing body of the local government determines, in writing, that the local bidder offers the local government the best combination of contract price and additional economic development opportunities for the local government created by the contract award, including the employment of residents of the local government and increased tax revenues to the local government.”

G. As stated in Section 271.9051 (b) of the Texas Local Government Code, “In purchasing real property or personal property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed Bids from a bidder whose principal place of business is in the municipality and whose Bid is within five percent of the lowest Bid price received by the municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract for an expenditure of less than $100,000 or a contract for other purchases in an amount of less than $500,000 with: (1) the lowest bidder; or (2) the bidder whose principal place of business is in the municipality if the governing body of the local government determines, in writing, that the local bidder offers the municipality the best combination of contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenues to the municipality.”

H. The city reserves the right to purchase from the next most responsible bidder for failure to provide specified material at time of order or if materials are not available at time specified.

1.11. Ex Parte Communication

Please note that to ensure the proper and fair evaluation of a proposal, the City prohibits ex parte communication (e.g., unsolicited) initiated by the Proposer to a City Official or employee evaluating or considering the proposal prior to the time a formal decision has been made. Questions and other communication from proposers will be permissible with only the Director of Procurement and Contract Management until the time and the day specified as the deadline for questions. Any communication between Proposer 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 proposals. Participation in any ex parte communication, whether or not initiated by the Proposer, may be grounds for disqualifying the offending proposer from consideration or award of the solicitation then in evaluation, or any future solicitation.

Additionally, neither the City of Killeen City Council nor City staff, except in the course of City-Sponsored inquiries, briefings, interviews, or presentations, shall initiate any contact with a Proposer or directly discuss or promote any proposal with any Proposers, including their agents and representatives.

1.12. Bid Protest

Any bidder wishing to file a protest concerning alleged improprieties with this solicitation must submit the protest in written format to the Purchasing Division within 5 business days after the specified time of the Bid opening. The formal written protest must identify the name of the bidder contesting the solicitation, the project name and number, and the specific grounds for the protest with all supporting documentation. A response to the protest will be prepared by Purchasing within 10 business days of receipt of the protest. All determinations made by the City are final.

1.13. Termination for Governmental Non-Appropriations

This contract is a commitment of the City’s current revenues only. Should the terms of the Bid require payment of funds over more than the current fiscal year ending September 30, the following shall apply:

A. For each lease, City represents and warrants: that it has appropriated and budgeted the necessary funds to make all rent payments required pursuant to such lease for the remainder of the fiscal year in which the payment term commences; and that it currently intends to make rent payments for the full lease term as scheduled in the applicable payment schedule if funds are appropriated for the rent payment in each succeeding fiscal year by its governing body. Without contractually committing itself to do so, City reasonably believes that monies in an amount sufficient to make all rent payments can and will lawfully be appropriated; therefore, City agrees to budget requests to include the rent payments payable during each fiscal year in the budget requests presented to City’s governing body for each fiscal year; provided, that City’s governing body retains authority to approve or reject any such budget request. All rent payments shall be payable out of the general funds of the City or out of other funds legally appropriated, therefore. Lessor agrees that no lease will be a general obligation of the City and no lease shall constitute a pledge of either the full faith and credit of the City or the taxing power of the City.

B. If City’s governing body fails to appropriate sufficient funds in any fiscal year for rent property or other payments due under a lease and if other funds are not legally appropriated for such payment, then a non-appropriation event shall be deemed to have occurred. If a non-appropriation event occurs, then: (1) the City shall give lessor immediate notice of such non-appropriation event and provide written evidence of such failure by the City’s governing body; (2) on the return date, the City shall return to Lessor all of the equipment covered by the affected lease, at the City’s sole expense; (3) the affected lease shall terminate on the return date without penalty to the City; (4) return date means the last day of the fiscal year for which appropriations were made for the rent payments due under a lease.

1.14. Termination of Contract

This contract shall remain in effect until the contract expires, delivery/completion and acceptance of products and/or performance of services ordered, or until terminated by either party with a thirty (30) day written notice prior to any cancellation. All bidders must state therein the reasons for such cancellation. The City reserves the right to award a cancelled contract to the next best offeror as it deems to be in the best interest of the City.

1.15. Assurance of Compliance

For Equal Employment Opportunity and Small and/or Minority Business Enterprise Requirements the bidder agrees that if this Bid is accepted, he/she will not engage in employment practices which have the effect of discriminating against employees or prospective employees because of race, color, religion, national origin, sex, age, handicap, or political belief or affiliation.

1.16. Conflict of Interest Disclosure Questionnaire

The Bidder agrees that if a member of the City Council, a Councilmember’s close relative, or any officer or employee of the City has a financial interest, direct or indirect, or by reason of ownership of stock in any corporation, in any contract with the City, or be financially interested, directly or indirectly, in the sale to the City any land, materials, supplies or services except on behalf of the City, as an officer or employee, the official shall file before a vote or decision on any matter involving the business entity or the real property, an affidavit stating the nature and extent of the interest and shall abstain from further participation in the matter if:

A. in the case of a substantial interest in a business entity the action on the matter will have a special economic effect on the business entity that is distinguishable from the effect on the public; or

B. in the case of a substantial interest in real property, it is reasonably foreseeable that an action on the matter will have a special economic effect on the value of the property, distinguishable from its effect on the public.

Chapter 176 of the Texas Local Government Code mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Killeen, including affiliations and business and financial relationships such persons may have with the City of Killeen. An explanation of the requirements of Chapter 176 and complete text of the new law are available at:

https://www.ethics.state.tx.us/forms/conflict/.

A copy of the Conflict of Interest Disclosure Questionnaire must be provided to the City of Killeen upon request within seven (7) business days after contract discussions or negotiations.

1.17. Gratuities

It shall be a breach of ethics to offer, give, or agree to give any employee of the City or for any employee of the City to solicit or accept from another person, a gratuity, or an offer of employment in connection with any decision regarding any part of a program requirement, proposal, or purchase request pending before the City.

https://www.ethics.state.tx.us/forms/conflict/

1.18. Kickbacks

It shall be a breach of ethics for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor for any contract for the City, or any person associated therewith, as an inducement for the award of a subcontract or order.

1.19. Venue for Legal Action

This agreement shall be governed and construed according to the laws of the State of Texas. Venue for purposes of any and all lawsuits, causes of actions, claims or disputes shall be in Bell County, Texas.

1.20. Conflicts in Terms and Conditions for Bids

If any conflicts exist between the Terms and Conditions for Bids and the standard form of agreement between the owner and Bidder, the standard form of agreement between the owner and bidder shall prevail.

1.21. Insurance

All proposers shall maintain the appropriate amount of insurance required for the performance of the Contract once awarded. This coverage shall be maintained throughout the term of the Contract and shall provide protection against claims, damages, losses, or liabilities arising from the proposer’s performance of the Contract. The successful proposer shall furnish certificates of insurance evidencing the required coverage when requested by the City and, if applicable, upon renewal of any required policies during the term of the Contract.

A. Comprehensive General Liability and Property Damage Insurance.

The Proposer shall take out and maintain during the life of this Contract such Comprehensive General Liability and Property Damage Insurance as shall protect the City from claims for damages or personal injury, including accidental death, as well as from claims for property damages which may arise from the performance of work, services, delivery of goods, or other obligations under this Contract, whether such operations be by himself or by a subcontractor or by anyone directly or indirectly employed by either of them, and the minimum amounts of such insurance shall be as follows:

1. Bodily Injury A. Each Occurrence - $1,000,000 B. Annual Aggregate - $2,000,000

2. Property Damage Insurance

B. Annual Aggregate - $2,000,000

B. Comprehensive Automobile Liability.

The Proposer shall maintain Automobile Liability Insurance for owned, hired, and non-owned vehicles used in the performance of this Contract, with minimum limits as follows:

1. Bodily Injury A. Each Person - $500,000 B. Each Accident - $1,000,000

2. Property Damage

C. Workers' Compensation and Employers' Liability.

The Proposer shall maintain Workers' Compensation Insurance in accordance with the requirements of the Texas Workers' Compensation Act for all employees engaged in the performance of this Contract.

Employers' Liability Insurance shall be maintained with minimum limits of:

A. Each Accident - $100,000 B. Disease – Each Employee - $100,000 C. Disease – Policy Limit - $500,000

If the Proposer is not required by law to maintain Workers' Compensation Insurance, the Proposer shall notify the City in writing prior to contract execution.

D. Additional Insurance Requirements.

1. The City of Killeen, its officers, officials, employees, and volunteers shall be named as Additional Insured on the Commercial General Liability and Automobile Liability policies.

2. Insurance coverage shall be primary and noncontributory with respect to any insurance or self-insurance maintained by the City.

3. The Proposer shall provide a Waiver of Subrogation in favor of the City of Killeen on all policies where permitted by law.

4. The insurance required by this section shall remain in full force and effect throughout the term of the Contract.

5. The City reserves the right to request copies of applicable insurance policies at any time.

6. The vendor must ensure that any subcontractors have appropriate insurance coverage that meets or exceeds the requirements outlined in the solicitation. Proof of subcontractor insurance must be provided upon request.

1.22. Disclosure of Interested Parties

Texas Government Code Section 2252.908 requires that parties contracting with governmental entities submit a disclosure of interested parties form for contracts entered into after January 1, 2016.

Successful bidders must process the electronic filing application located on the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/1295/.

A certified copy of the Certificate of Interested Parties Form 1295 must be provided to the City of Killeen prior to City Council approval of the Bid award.

1.23. Community Development Block Grant (CDBG)

Projects funded under this solicitation may be funded in whole or in part by the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Program and/or the HOME Investment Partnerships Program. All applicable federal requirements shall apply.

Construction-related projects, if applicable, may be subject to the Davis-Bacon and Related Acts (DBRA), including the submission of certified payroll documentation in accordance with HUD requirements.

Contractors must not be listed as debarred, suspended, or otherwise ineligible to participate in federally funded programs, as verified through the System for Award Management (SAM.gov) and/or the Texas Debarred Vendor List, as applicable.

1.24. Acknowledgement – “Boycott Israel”

By signing and submitting this bid the vendor hereby verifies that it does not boycott Israel and will not boycott Israel during the term of this contract. Boycotting Israel is defined in Texas Government Code https://www.ethics.state.tx.us/filinginfo/1295/ section 808.001 to mean refusing to deal with, terminating business activities with, or 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.

1.25. Acknowledgement – "Boycott Energy Companies”

By signing and submitting this bid the vendor hereby verifies that it does not boycott energy companies and will not boycott energy companies during the term of the contract. “Boycott energy company” is defined in Texas Government Code section 809.001 to mean, without an ordinary business purpose, 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 with a company because the company:

(A) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (B) does business with a company described by Paragraph (A).

1.26. Acknowledgement – “Prohibition on contracts with companies that discriminate against firearm and ammunition industries”

By signing and submitting this bid the vendor hereby verifies that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of the contract against a firearm entity or firearm trade association.

Discriminate against a firearm entity or a firearm trade association are defined in Texas Government Code section 2274.001 as (A) with respect to the entity or association, to (i) refuse to engage in the trade of any goods or services; (ii) refrain from continuing an existing business relationship; (iii) terminate an existing business relationship; or (iv) otherwise express a prejudice against the entity or association; and (B) does not include the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories.

1.27. Acknowledgement – “Disadvantaged & Underrepresented Businesses” Where applicable for federal awards, by submitting this bid/proposal, the vendor hereby acknowledges support for the inclusion and equitable opportunity for disadvantaged and underrepresented business enterprises and will ensure that small businesses, minority-owned, women-owned, veteran-owned, service-disabled veteran-owned, and other similarly qualified firms are considered as set forth in 2 C.F.R.

§200.321. The vendor further acknowledges that, where applicable under federal awards, the OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards encourages recipients and subrecipients to ensure, when practicable, that such businesses are considered in procurement and contracting. Vendor shall apply these requirements to any subcontractors.

1.28. Acknowledgement – “Domestic Preference for Procurements” By signing and submitting this bid/proposal, the Vendor hereby verifies that, to the greatest extent practicable and consistent with applicable law, it will, when using federal award funds, provide a preference for the purchase, acquisition, or use of goods, products, and materials produced in the United States, as required by 2 C.F.R. § 200.322 (Domestic Preferences for Procurements). “Produced in the United States” means that all manufacturing processes, from the initial melting stage through the application of coatings, for iron and steel products occur in the United States. The Vendor further acknowledges that this requirement must be included in all subcontracts, purchase orders, and other contractual instruments under any resulting contract and will comply with this requirement during the term of the contract.

1.29. Licensing and Certifications-as required

Local and State Compliance: Vendors must possess and maintain all required licenses and permits to operate and provide services within the City of Killeen, Bell County, and the State of Texas.

Federal Compliance: Vendors must not be listed on the federal debarment, suspension, or excluded parties list (as maintained by the U.S. General Services Administration) and must certify their eligibility to contract with the federal and federally funded entities.

Regulatory Compliance: All services provided must comply with the federal procurement and compliance guidelines applicable under the American Rescue Plan Act (ARPA) if funding is sourced through ARPA or other federal disaster recovery programs.

Personnel Certifications: Personnel performing installation or service must be properly certified and in compliance with local, state, federal, OSHA, and FEMA regulations as required .

1.30. Subcontractor Requirements

The primary vendor remains responsible for all subcontractors work.

Identification and Qualifications: Vendors must identify any subcontractors involved in the proposal and provide a detailed description of their qualifications and experience relevant to the tasks assigned.

Responsibility: The primary vendor remains fully responsible for all subcontractor work and must ensure that subcontractors meet the same licensing, certification, and compliance standards as the primary vendor.

BID PROPOSAL

The undersigned, as Bidder, declares that the only person or parties interested in this Bid proposal (“Bid”) as principals are those named herein, that this Bid is made without collusion with any other person, firms, or corporation, that he has carefully examined the form of contract, Notice to Bidders, Specifications and the Plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work, and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the Contract and Specifications in the manner prescribed and according to the requirements of the Engineer as herein set forth.

It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids.

Payments for such items will be made on the basis of the actual quantity incorporated in the Work.

It is further agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the Engineer, to complete the Work fully as planned and contemplated, and that all quantities of work, whether increased or decreased, are to be performed at the unit prices set forth below except as provided for in the Specifications.

It is further agreed that lump sum prices may be increased to cover additional work ordered by the Engineer, but not shown on the Plans or required by the Specifications, in accordance with the provisions of the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered.

It is understood and agreed that the work is to be completed in full within the time shown in the Instruction to Bidders.

Accompanying this Bid is a Cashier’s Check or Bid Bond in the amount of

DOLLARS ($ ),

which is a minimum of five (5%) percent of the total amount of the Base Bid.

The bid security accompanying this Bid shall be returned to the Bidder, unless, in case of the acceptance of the Bid the Bidder shall fail to execute a Contract and file a Performance and Payment Bond within ten (10) days after its acceptance, in which case the Bid security shall become the property of the OWNER, and shall be considered as payment for damages due to delay and other inconveniences suffered by the OWNER on account of such failure of the Bidder. It is understood that the OWNER reserves the right to reject any and all Bids received.

In the event of award of a contract to the undersigned, the undersigned will appear before the authorized representative of the Owner and furnish Performance and Payment bonds for the full amount of the Contract, with the sureties offered by:

and

To secure proper compliance with the terms and provisions of the Contract to insure and guarantee the work until final completion and acceptance and to guarantee payment of all claims for labor performed and material furnished in fulfillment of the Contract.

The work proposed to be done shall be accepted when fully completed and finished in accordance with Rosewood Drive & Aspen Drive Intersection Improvements Plan Sheets and Specifications, to the satisfaction of the Engineer.

The undersigned certifies that the Bid prices contained in this Bid have been carefully checked and are submitted as correct and final.

Receipt is hereby acknowledged of the following addenda to the Contract Documents:

Addendum No. 1 dated Received Addendum No. 2 dated Received Addendum No. 3 dated Received

This is a Bid of: Corporation, organized and existing under the laws of the State of , or; a Partnership consisting of , or; and Individual, doing business as .

By:

Seal, if a Corporation

TITLE

MAILING ADDRESS

STREET ADDRESS

CITY AND STATE

TELEPHONE NUMBER

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, _________________ as Principal, and firmly bound unto _________________________ _____________________________________________________ as owner in the sum of $_____________________________ as the proper measure of liquidated damages for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns.

Signed this _____________________ day of ______________________, _________.

The condition of the above obligation is such that whereas the Principal has submitted to The City of Killeen a certain bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the Rosewood Drive & Aspen Drive Intersection Improvements project.

Now, Therefore,

(a) If said Bid shall be rejected, or in the alternate,

(b) If said Bid shall be accepted and the Principal shall be accepted and the Principal shall execute and deliver a contract in the Form of contract attached hereto (Properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any breach of condition hereunder shall be in the face amount of this bond and forfeited as a proper measure of liquidated damages.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year set forth above.

______________________________(L.S.)

Principal

Surety

By: ____________________________

SEAL

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

FORM CIQ

OFFICE USE ONLY

Date Received

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

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

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

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

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

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

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

Name of Officer

4 Describe each…