Las Palmas Sidewalk Improvements Project

SPECIFICATIONS, FORMS OF CONTRACT, BOND, AND PROPOSAL FOR: LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT Project No. 18-0006T1 DATED: __JULY 2023__ B ID # 2 3 0 0 3 EDDIE TREVIÑO, JR. CAMERON COUNTY JUDGE SOFIA C. BENAVIDES COMMISSIONER PRECINCT 1 JOEY LOPEZ COMMISSIONER PRECINCT 2 DAVID A. GARZA COMMISSIONER PRECINCT 3 GUS RUIZ COMMISSIONER PRECINCT 4 PETE SEPULVEDA COUNTY ADMINISTRATOR BENJAMIN L. WORSHAM, P.E., P.T.O.E., C.F.M. COUNTY ENGINEER (Page Intentionally Left Blank) Index Section 1: Bid Proposal Documents ............................................................................................................. 5 A. Bid Proposal ........................................................................................................................................ 5 Invitation to Bid and Advertisement ................................................................................................ 6 Acknowledgment of

Receipt......................................................................................................................7 Instructions for Submitting Bids ...................................................................................................... 8 Special Provisions ........................................................................................................................... 18 Technical Special Instruction to Bidders ........................................................................................ 24 Bid Proposal ................................................................................................................................... 26 List of Sub-Contractors................................................................................................................... 31 Addendum Acknowledgement ...................................................................................................... 32 Bid Bond ......................................................................................................................................... 33 Statement of Bidder's Qualifications ............................................................................................. 35 Certificate as to Corporate Principle .............................................................................................. 37 B. Bid Forms .......................................................................................................................................... 38 Attachment A: Vendor References ................................................................................................ 39 Attachment B: Non-Collusion Affidavit of Prime Bidder................................................................ 40 Attachment C: Residence Certification .......................................................................................... 41 Attachment D: Non-Lobbying Certification ................................................................................... 42 Attachment E: Order Adopting Contracting Rules for Persons Indebted to County ..................... 43 Attachment F: Regarding Debarment, Suspension, Ineligibility .................................................... 44 Attachment G: Certification Regarding Minimum Wage ............................................................... 47 Attachment H: Conflict of Interest Questionnaire ......................................................................... 48 Attachment I: Disclosure of Interest .............................................................................................. 51 Attachment J: House Bill 89 Verification ....................................................................................... 53 Attachment K: Child Support Statement ....................................................................................... 54 Attachment L: DBE Requirements ................................................................................................. 56 Section 2: Contractual Documents ............................................................................................................ 59 Standard Form of Agreement ................................................................................................................. 60 Performance Bond .................................................................................................................................. 62 Payment Bond ......................................................................................................................................... 64 Attorney’s Review Certifications ............................................................................................................. 67 Notice of Award Letter ............................................................................................................................ 68 Section 3: General Conditions .................................................................................................................... 69 Terms and Conditions ............................................................................................................................. 70 General Conditions of the Agreement .................................................................................................... 82 Project Close Out Checklist ................................................................................................................... 101 Prevailing Wage Requirements ............................................................................................................. 105 General Provisions ................................................................................................................................ 108 Special Insurance Conditions of the Agreement ................................................................................... 111 Material on Hand .................................................................................................................................. 112 Engineer’s Seal ...................................................................................................................................... 113 Engineer’s Certification ......................................................................................................................... 114 Section 4: Technical Specifications .......................................................................................................... 117 Section 5: Drawings .................................................................................................................................. 267 SECTION 1: BID PROPOSAL DOCUMENTS A. BID PROPOSAL BID # 230903 LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT SECTION 1 – A INVITATION TO BID BID NUMBER: 230903 BID TITLE: LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT DATE DUE: October 3, 2023 DUE NO LATER THAN 3:00 P.M. Bids will be opened at the Cameron County Courthouse, 1100 East Monroe Street, Brownsville, Texas in the Purchasing Department – 3rd Floor – Room # 345 at 3:00 p.m. (as per Purchasing Dept. time clock) on deadline due date. All Bidders are welcome to attend Bid opening. Bids received later than the date and time above will not be considered. Please return bid ORIGINAL ONE (1) in sealed envelope. Be sure that return envelope shows the Bid Number, Description and is marked “SEALED BID”. RETURN BID TO: by U.S. mail or delivered to the office of Purchasing Dept., County Courthouse (Dancy Bldg.) 1100 E. Monroe St, 3rd Floor, Room 345, Brownsville, Texas 78520. For additional information or to request addendum email: purchasing@co.cameron.tx.us A pre-bid conference with prospective bidders will be held on Wednesday, September 27, 2023 at 11:00 AM, at the San Benito Annex, Cameron County Department of Transportation, 1390 W. Expressway 83, San Benito, Texas 78586. All prospective respondents are encouraged to be in attendance. YOU MUST SIGN BELOW IN INK; FAILURE TO SIGN AND FULLY COMPLETE BID PROPOSAL WILL DISQUALIFY THE OFFER. All prices must be typewritten or handwritten in ink. Company Name: ________________________________________________________________ Company Address: ________________________________________________________________ City, State, Zip Code: ________________________________________________________________ Historically Underutilized Business (State of Texas) Certification VID Number: _____________________ Telephone No.____________________________ e-mail_________________________________ SIGNATURE:__________________________________ Print Name:______________________ (Your signature attests to your offer to provide the goods and/or services in this bid according to the published provisions. When an award letter is issued, this Bid becomes the contract. If a Bid required specific Contract is to be utilized in addition to this Bid, this signed Bid will become part of that contract. When an additional Contract is required a Bid award does not constitute a contract award and Bid/Contract is not valid until contract is awarded by Commissioners Court and signed by County Judge.) Bidders/Participants must sign each bid/proposal page to ensure you have read each page’s information, terms, conditions and/or required forms. Failure to sign or initial each bid/proposal page will disqualify the BID/PROPOSAL offer. BID # 230903 LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT SECTION 1 – A RESPONDER’S SIGNATURE/INITIALS: ACKNOWLEDGMENT OF RECEIPT Please submit this page upon receipt For any clarifications, please contact Mr. Roberto C. Luna, Interim Purchasing Agent and/or Dalia Loera, Bids & Proposals Coordinator at the Cameron County Purchasing Department office at: (956) 544-0871 or e-mail at: purchasing@co.cameron.tx.us Please fax or e-mail this page upon receipt of Bid package no later than Friday, ber th, 2023 before 3:00 p.m. CST. All questions regarding this Bid should also be submitted no later than the stated date and time on Bid cover page. Fax : (956) 550-7219 or E-mail: purchasing@co.cameron.tx.us If you are unable to respond on this Bid solicitation, kindly indicate your reason for “Not Responding/No-Participation” below and fax or e-mail back to Cameron County Purchasing Department. This will insure you remain active on our vendor list. Date: _______________ (___) Yes, I will be able to submit a Bid. (___) No, I will not be able to submit a Bid for the following reason: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ___________________________________________________________________________. Company Name: _______________________________________________________ Company Representative Name: __________________________________________ Company Address: _____________________________________________________ Phone #: ______________________ Fax #: ___________________________ E-mail Address: ________________________________________________________ BID # 230903 LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT SECTION 1 – A RESPONDER’S SIGNATURE/INITIALS: INSTRUCTIONS FOR SUBMITTING BIDS These General Instructions apply to all offers made to Cameron County, Texas (herein after referred to as “County”) by all prospective vendors (herein after referred to as “Bidder”) on behalf of Solicitations including, but not limited to, Invitations to Bid. Carefully read all instructions, requirements and specifications. Fill out all forms properly and completely. Submit your bid with all appropriate supplements and/or samples. Prior to returning your sealed bid response / submittal, all Addendums – if issued – should be reviewed and downloaded by entering the County Purchasing web at: https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/ Addendums Column (updated Addendums). These Addendums must be signed and returned with your bid in order to avoid disqualification. All Tabulations can also be viewed and downloaded at this site. Annual Bid award information can be accessed at: https://www.cameroncounty.us/purchasing-bids-rfpq- addms-tabs/ Review this document in its entirety. Be sure your Bid is complete, and double check your Bid for accuracy. Cameron County is an Equal Employment Opportunity Employer. GOVERNING FORMS: In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Cameron County’s interpretation shall govern. Where substitutions are used, they must be of equivalent value or service, and specified by the bidder as such, in the columns to the right on the “Minimum Specifications’ Forms”. The County’s specifications may be exceeded and should be noted by the Vendor as such. Any bid NOT MEETING the Minimum Requirements specified will be rejected. GOVERNING LAW: This invitation to bid is governed by the competitive bidding requirements of the County Purchasing Act, Texas Local Government Code, ̃262.021 et seq., as amended. Bidders shall comply with all applicable federal, state and local laws and regulations. Bidders are further advised that these requirements shall be fully governed by the laws of the State of Texas and that Cameron County may request and rely on advice, decisions and opinions of the Attorney General of Texas and the County Attorney concerning any portion of these requirements. Questions requiring only clarification of instructions or specifications will be handled verbally. If any questions result in a change or addition to this Bid, the Change(s) and addition(s) will be forwarded to all vendors involved (as quickly as possible) in the form of a written addendum only. Verbal changes to Bids must be backed-up by written addendum or written Q/A clarifications which would be posted on County Purchasing Web site. Without written Addendum or written Q / A clarification, verbal changes to Bids will not apply. BID # 230903 LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT SECTION 1 – A RESPONDER’S SIGNATURE/INITIALS: Sign the Vendor’s Affidavit Notice, complete answers to Attachments A, B, C, D, E, F, G, H, I and return all with your Bid. CONFLICT OF INTEREST QUESTIONNAIRE: For vendor or other person doing business with local governmental entity This questionnaire must be filed in accordance with chapter 176 of the Local Government Code by a person doing business with the governmental entity. By law this questionnaire must be filed with the records administrator (County Clerk’s Office) of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate. Please review this entire document, if for any reason there is any information to disclose, relative to any questions in this Conflict of Interest form, you must file with County Clerk’s Office subject to above instructions. Can be downloaded at the following web site: https://www.cameroncounty.us/wp- content/uploads/Purchasing/docs/Conflict_of_Interest_Questionnaire_New_2015__.pdf DISCLOSURE OF INTERESTS: This questionnaire must be filed with the records administrator (County Clerk’s Office) of the local government and no later than the 7th business day after the person becomes aware of facts that require this statement to be filed. Cameron County, Texas requires all persons or firms seeking to do business with the County to provide the following information if the person becomes aware of facts that require this statement to be filed. Every question must be answered. If the question is not applicable, answer with “N/A.” Please review this entire document, if for any reason there is any information to disclose, relative to any questions in this disclosure of interest form, you must file with County Clerk’s Office subject to above instructions. Can be downloaded at the following web site: https://www.cameroncounty.us/wp- content/uploads/Purchasing/CIS.pdf TEXAS ETHICS COMMISSION FORM 1295 All Bids prior to award or award of Contract by Commissioner’s Court will require that the Texas Ethics Commission (TEC) Form 1295 Electronic (on line) Vendor filing procedure be completed by Vendor. All Vendors being recommended to Commissioners Court for award or renewal of award on Agenda must register and obtain a TEC Certification for the specific award. This Certification Form 1295 must be electronically submitted and printed. Form must be emailed or delivered to County Purchasing BID # 230903 LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT SECTION 1 – A RESPONDER’S SIGNATURE/INITIALS: Department making the request for form. This process must be completed prior to Commissioners Court Agenda for approval consideration of Bid award. There is no charge for this TEC online process. Texas Ethics Commission (TEC) Form 1295 must be completed (by firm – on line “New Form 1295 Certificate of Interested Parties Electronic Filing Application” Site at: https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm) If any Vendors have questions as to TEC Form 1295 visit the County Purchasing Web site left column tab “Vendor – TEC Form 1295” for more information. TEC Web site links can be found at this location including Question / Answers and Video instructions. Tab Link: https://www.cameroncounty.us/vendors-tec-form-1295/ BIDDER SHALL SUBMIT BID ON THE FORM PROVIDED, SIGN THE VENDOR AFFIDAVIT, AND RETURN ENTIRE BID PACKET. In the event of inclement weather and County Offices are officially closed on a bid deadline day, bids will be received unit 2:00 p.m. of the next business day. Bids will be opened at the Cameron County Courthouse, 1100 East Monroe Street, Brownsville, Texas in the Purchasing Department – 3rd Floor – Room # 345 (as per Purchasing Dept. time clock. BIDS SUBMITTED AFTER THE SUBMISSION DEADLINE SHALL BE RETURNED UNOPENED AND WILL BE CONSIDERED VOID AND UNACCEPTABLE. BIDDERS MAY ATTEND PUBLICLY HELD COMM COURT MEETING FOR AWARD OF THIS SOLICITATION. All responding bidders are welcome to attend the publicly held Commissioners Court meeting relative to the outcome / award of this solicitation. Court Meeting agenda date and times may be obtained at the following web site: https://www.cameroncountytx.gov/commissioners-court-agendas/ SUCCESSFUL VENDOR WILL BE NOTIFIED BY MAIL. All responding vendors will receive written notification regarding the outcome of the award. OPEN RECORDS ACCESS TO ALL INFORMATION SUBMITTED. All information included will be open to the public, other bidders, media as per the Open Records Act and not be confidential in nature. If you deem any information as confidential, it should not be made part of your bid package. PLEASE NOTE CAREFULLY THIS IS THE ONLY APPROVED INSTRUCTION FOR USE ON YOUR BID. ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID. ANY EXCEPTIONS THERETO MUST BE IN WRITING. 1. Each bid shall be placed in a separate envelope completely and properly identified with the name and number of the bid. Bids must be in the Purchasing Department BEFORE the hour and date specified. 2. Bids MUST give full firm name and address of the bidder. Failure to manually sign bid will disqualify it. Person signing bid should show TITLE or AUTHORITY TO BIND THE FIRM IN A CONTRACT. BID # 230903 LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT SECTION 1 – A RESPONDER’S SIGNATURE/INITIALS: 3. Bids CANNOT be altered or amended after deadline time. Any alterations made before deadline time must be initiated by bidder or his authorized agent. No bid can be withdrawn after opening time without approval by the Commissioners Court based on a written acceptable reason. 4. The County is exempt from State Sales Tax and Federal Excise Tax. DO NOT INCLUDE TAX IN BID. Cameron County claims exemption from all sales and/or use taxes under Texas Tax Code ̃151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to the Cameron County Purchasing Agent. 5. Any Catalog, brand name or manufacturer’s reference used in a bid invitation is descriptive-NOT restrictive-it is to indicate type and quality desired. Bids on brand of like nature and quality will be considered. If bid is based on other than reference specifications, Bid must show manufacturer, brand or trade name, lot number, etc., of article offered. If other than brand(s) specified is offered, illustrations and complete descriptions should be made part of the bid. If bidder takes no exception to specifications or reference data, he will be required to furnish brand names, numbers, etc. as specified. 6. Samples, when requested, must be furnished free of expense to the County. If not destroyed in examination, they will be returned to the bidder on request, at his expense. Each sample should be marked with bidder’s name, address, and County bid number. DO NOT ENCLOSE OR ATTACH SAMPLE TO BID. County user Dept.(s) reserves the right to make the final determination as to equivalents. 7. Written and verbal inquires pertaining to bids must give Bid Number and Company. 8. NO substitutions or cancellations permitted without written approval of Purchasing Agent. 9. The County reserves the right to accept or reject all or any part of any bid, waiver minor technicalities. The County of Cameron reserves the right to award by item category or by total bid. Prices should be itemized. County also reserves the right to award either with or without trade-in, if applicable. Cameron County reserves the right to award if only one (1) Bid was received. Cameron County retains the option to re-bid at any time if in its best interest and is not automatically bound to renewal or re-bid. The County reserves the right to hold all Bids for 60 days from the due date of receipt without actions. The County reserves the right to add additional County Departments (at a later time during this bid award) as the need arises. The County also reserves the right to consider CO-OP Interlocal Agreements / pricing if determined to be more advantageous to the County. 10. Bid unit price on quantity specified – extend and show total. In case or errors in extension, UNIT prices shall govern. If both alphabetic and numeric (unit prices) are required and a discrepancy is found between both on the same line item whichever unit price confirms the line total will govern. If neither confirms then the alphabetic price will govern. If there is no line total requested then the alphabetic unit price shall govern. If combined / sum of line totals do not match the Bid total then the Bid total will be corrected to reflect the sum of the line totals. If there is a discrepancy between the alphabetic and numeric Base Bid Total / Total Bid amount, the alphabetic Base Bid Total / Total Bid will take precedence. 11. This is a bid inquiry only and implies no obligation on the part of Cameron County. BID # 230903 LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT SECTION 1 – A RESPONDER’S SIGNATURE/INITIALS: 12. Acceptance of and final payment for the item will be contingent upon satisfactory performance of the product received by Cameron County. 13. Partial bids will not be accepted unless awarded by complete category or line item. To be awarded by Total Bid 14. BASIS OF BID AWARD – The contract will be awarded to the responsible and responsive bidders meeting the specifications and having the lowest possible total extended price of the Base Bid (unit cost), consistent with the quality needed for effective use. All prices quoted will be firm. Award to successful bidder will be made by Cameron County Commission action. Bid pricing shall be firm for the entire term of the awarded contract. Cameron County may at its option and expense have the material tested at any time for compliance. The Contractor’s payment shall be deducted the full amount of expense to the County for any tests which fail to show compliance with the specifications. Supplied materials which tests show to not-be- in-compliance shall be removed from County’s property, stockpile or roadbed at the contractor’s expense. Additionally, no payment will be made to the supplier by the County, for the materials which do not meet the specifications. The quantity of such material shall be determined by County’s administrative staff, whose decision shall be final. 15. It is expected that the bidder will meet all state and federal safety standards and laws in effect on the date of the bid for the item(s) being specified, and the particular use for which they are meant. It is the responsibility of the bidder or proposer to ask any and all questions the bidder or proposer feels to be pertinent to the bid or proposal. Cameron County shall not be required to attempt to anticipate such questions for bidders or proposers. Cameron County will endeavor to respond promptly to all questions asked. 16. If a Bid Bond is required in this Bid it must be included in Bidders Sealed Bid package and be current / valid through award. 17. Alternate Bid pricing: Bidders should include all alternate pricing on your Bid price page. Cameron County will not award Bid to a Bidder if an alternate price is left blank and County will be making an award to include alternate(s) which has been left blank. In order to avoid not being considered for award include all alternate pricing on your Bid price page. 18. All property of Cameron County must remain (at all times) within the United States – without exception – unless prior Agenda approval has been given by Commissioners Court. 19. Availability of Funds: This procurement is subject to the availability of funding. Cameron County’s obligation hereunder is contingent upon the availability of appropriated funds from which payment for the Contract purposes can be made. No legal liability on the part of the County for any payment shall arise until funds are made available to the County for this Contract and until the Contractor receives notice of such availability, to be confirmed in writing by the County. Any award of Contract hereunder will be conditioned upon said availability of funds for the Contract. 20. Non-Appropriation Clause: Notwithstanding any provisions for this agreement, the parties agree that the services are payable by Cameron County from appropriations, grants, and monies from the General Fund and other BID # 230903 LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT SECTION 1 – A RESPONDER’S SIGNATURE/INITIALS: sources. In the event sufficient appropriation, grants, and monies are not made available to Cameron County to pay these services for any fiscal year, this Agreement shall terminate without further obligation of County. In such event, the Cameron County Administrator shall certify to contractor that sufficient funds have not been made available to County to meet the obligations of this Agreement; such certification shall be conclusive upon parties. PURCHASE ORDER AND DELIVERY: The successful Bidder shall not deliver products or provide services without a Cameron County Purchase Order, signed by an authorized agent of the Cameron County Purchasing Department. The fastest, most reasonable delivery time shall be indicated by the Bidder in the proper place on the Pricing/Delivery Information form. Any special information concerning delivery should also be included, on a separate sheet, if necessary. All items shall be shipped F.O.B. INSIDE DELIVERY unless otherwise stated in the specifications. This shall be understood to include bringing merchandise to the appropriate room or place designated by the using department. Every tender or delivery of goods must fully comply with all provisions of these requirements and the specifications including time, delivery and quality. Nonconformance shall constitute a breach which must be rectified prior to expiration of the time for performance. Failure to rectify within the performance period will be considered cause to reject future deliveries and cancellation of the contract by Cameron County without prejudice to other remedies provided by law. Where delivery times are critical, Cameron County reserves the right to award accordingly. NO PLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of goods must fully comply with all provisions of this contract as to time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender provided, where the time for performance has not yet expired, the Seller may seasonably notify Buyer of their intention to cure and may then make a conforming tender within the contract time but not afterward. PLACE OF DELIVERY: The place of delivery shall be that set forth on the purchase order. Any change thereto shall be affected by modification as provided for in clause 20, “Modifications”, hereof. The terms of this agreement are “no arrival, no sale”. DELIVERY TERMS AND TRANSPORTATION CHARGES: Bid must show number of days required to place material in receiving agency’s designated location under normal conditions. Failure to state delivery time obligates bidder to complete delivery in 14 calendar days. A five-day difference in delivery promise may break a tie. Unrealistically short or long delivery promises may cause bid to be disregarded. Consistent failure to meet delivery promises without valid reason may cause removal from bidder list. An accurate delivery date must be quoted on the “Bid Form”. When there are various items, a delivery date must be included with each item quoted. Freight and shipping charges to Cameron County must be included in the bid price. Final location will be supplied to the vendor on award of bid, F.O.B. destination. Delivery locations will be: Various County Building locations. Delivery days after receipt of order (ARO). Specify all (various) dates by categories or item if different ______________. BID # 230903 LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT SECTION 1 – A RESPONDER’S SIGNATURE/INITIALS: If delay is foreseen, contractor shall give written notice to Director of Purchasing. The County has the right to extend delivery date if reasons appear valid. Contractor must keep County advised at all times of status of order. Default in promised delivery (without accepted reasons) or failure to meet specifications, authorized the County to purchase supplies elsewhere and charge full increase in cost and handling to defaulting contractor. Delivery shall be made during normal working hours only, 8:00 a.m. to 5:00 p.m. unless otherwise noted in bid. VARIATON IN QUANTITY: The County assumes no liability for commodities produced, processed or shipped in excess of the amount specified herein. SELLER TO PACKAGE GOODS: Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently packed as follows: (a) Seller’s name and address; (b) Consignee’s name, address and purchase order or purchase release number and the supply agreement number if applicable; (c) Container number and total number of containers, e.g. box 1 of 4 boxes; and (d) the number of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform with requirements of common carriers and any applicable specifications. Buyer’s count or weight shall be final and conclusive on shipments not accompanied by packing lists. SHIPMENT UNDER RESERVATION PROHIBITED: Seller is not authorized to ship the goods under reservation, and no tender of a bill of lading will operate as a tender of goods. TITLE AND RISK OF LOSS: The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery. INSPECTION: Upon receiving item(s), they will be inspected for compliance with the Bid Specifications. If the item(s) do not pass inspection, the vendor will be required to pick up the rejected item(s) at the delivery point, provide the necessary replacement, and return the item(s) to the original point of delivery. All items proposed shall be new, in first class condition, including containers suitable for shipment and storage (Cameron County prefers recycled packaging whenever possible), unless otherwise indicated in bid. Verbal agreements to the contrary will not be recognized. All materials and services shall be subject to Purchaser’s approval. Unsatisfactory material will be returned at Seller’s expense. Cameron County reserves the right to inspect any item(s) or service location for compliance with specifications and requirements and needs of the using department. If a Bidder cannot furnish a sample of a bid item, where applicable, for review, or fails to satisfactorily show an ability to perform, the County can reject the bid as inadequate. TESTING: Cameron County reserves the right to test equipment, supplies, material and goods bid for quality, compliance with specifications and ability to meet the needs of the user. Demonstration units must be available for review. Should the goods or services fail to meet requirements and/or be unavailable for evaluation, the bid is subject to rejection. BID # 230903 LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT SECTION 1 – A RESPONDER’S SIGNATURE/INITIALS: SPECIAL TOOLS AND TEST EQUIPMENT: If the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such. INVOICES AND PAYMENTS: (a) The vendor shall submit separate invoices, in duplicate, on each purchase order after each delivery. Invoices shall indicate the purchase order number, shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight weigh bill when applicable, should be attached to the invoice. Mail to: Cameron County, ATTN: Auditor’s Office, 1100 East Monroe St., Brownsville, Texas 78520. Payment shall not be due until the above instruments are submitted after delivery or services rendered. Our Vendors must keep the Auditor advised of any changes in your remittance addresses. (b) County’s only obligation to pay Vendor is to pay from funds budgeted and available for the purpose of the purchase. Lack of funds shall render this contract null and void to the extent funds are not available and any delivered but unpaid for goods will be returned to Vendor by the County. (c) Do not include Federal Excise, State or City Sales Tax. County shall furnish tax exemption certificate if required. Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, will be returned to the Vendor for correction. Under term contracts, when multiple deliveries and/or services are required, the Vendor may invoice following each delivery and the County will pay on invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. Prior to any and all payments made for good and/or services provided under this contract, the Vendor should provide his Taxpayer Identification Number or social security number as applicable. This information must be on file with the Cameron County Auditor’s office. Failure to provide this information may result in a delay in payment and/or back-up withholding as required by the Internal Revenue Services. Vendor shall submit seven (7) copies of an itemized invoice showing BID number and purchase order number to: CAMERON COUNTY AUDITOR ACCOUNTS PAYABLE 1100 EAST MONROE ST., BROWNSVILLE, TEXAS 78520 Please note that any payment due under this bid award will be applied towards any debt, including but not limited to delinquent taxes that is owed to Cameron County. PAYMENT DISCOUNT: Indicate the payment discount (s) available depending on the when invoices are paid. For example, 1/30 means a 1% discount if paid within 30 days, 2/15 means a 2% discount if paid within 15 days, etc. Payment in full will be made within thirty (30) days of delivery, inspection, and receipt of invoice. All costs quotations must include all the various features needed to satisfy the requirements. Note: No amounts will be paid for the items in this BID in excess of the amounts quoted. BID # 230903 LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT SECTION 1 – A RESPONDER’S SIGNATURE/INITIALS: Criminal Background Checks are Mandatory: Checks are mandatory for all personnel performing work on Cameron County sites. Contractors, consultants, and subcontractors are required to take all reasonable steps to assure that their employees do not represent a threat to the County or Facilities. Failure to comply with this requirement may result in immediate termination of any award or contract. The selected contractor shall provide a complete list of names (including supervisors) that may be working on campus. The contractor(s) shall remove from the Cameron County work place any of its employees who are found to be unacceptable by Cameron County. Such requests shall not be unreasonable, are the sole decision of Cameron County, and are not subject to negotiation. Contractor shall provide proper identification for all contractor employees. While on Cameron County premises, all contractor employees must wear attire that identifies them as contractor’s employee with identification visible from both the front and the back. Vehicles shall be clearly identified as company vehicles and be maintained in a neat clean and sanitary condition. At least one person in each vehicle, preferably the driver, must be able to speak, read and write. It shall be the contractor’s responsibility to see that employees render quiet and courteous service. BID # 230903 LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT SECTION 1 – A RESPONDER’S SIGNATURE/INITIALS: CHECK LIST Bidders are asked to review the package to be sure that all applicable parts are included. If any portion of the package is missing, notify the Purchasing Department immediately. It is the Bidder’s responsibility to be familiar with all the Requirements and Specifications. Be sure you understand the following before you return your bid packet. _X__ Cover Sheet Your company name, address and your signature (IN INK) should appear on this page. _X__ Instructions to Bidders You should be familiar with all of the Instructions to Bidders. _X__ Special Requirements This section provides information you must know in order to make an offer properly. _X__ Specifications / Scope of Work This section contains the detailed description of the product/service sought by the County. Attachments _X__ Attachments A, B, C, D, E, F, G, H, I Be sure to complete these forms and return with packet. _X___ Bid Guaranty & Performance Bond Information & Requirements This form applies only to certain bids/proposals. All public work contracts over $25,000 require a Payment Bond and over $100,000 must also have a Performance Bond in a form approved by the County. Please read carefully and fill our completely. __X__ Minimum Insurance Requirements Included when applicable ____ Worker’s Compensation Insurance Coverage Rule 110.110 This requirement is applicable for a building or construction contract. ____ Financial Statement When this information is required, you must use this form. Other - Final Reminders To double check before submitting BID ____ Is your bid sealed with bid #, title, Bidder’s Name, & return address, on outside? ____ Did you complete, sign and submit page 1? ____ Did you provide the number of copies as required on the cover page? ____ Did you visit our website for any addendums? https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/ If not interested in Bidding please let us know why e-mail to: Purchasing@co.cameron.tx.us BID # 230903 LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT INSTRUCTIONS TO BIDDERS SECTION 1-A PAGE 1 OF 6 INSTRUCTIONS TO BIDDERS (Special Provisions) 1. It shall be the bidder’s responsibility to ensure delivery of his proposal to the proper place and at the proper time. 2. Bids shall be addressed as follows: SEALED BID FOR: Attn: Bid Date: Time: BID # 230903 LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT Roberto C. Luna, Interim Purchasing Agent Cameron County Courthouse, Purchasing Dept, 3rd Floor 1100 E. Monroe Street Brownsville, TX 78520 October 3, 2023 3:00 P.M. C.S.T. 3. Use of Separate Bid Forms: These Contract Documents include a complete set of bidding and Contract forms which are for the convenience of bidders and are not to be detached from the Contract Document, filled out, or executed. Separate copies of Bid Forms are furnished for that purpose. 4. Interpretations of Addenda: No oral interpretation will be made to any Bidder as to the meaning of the Contract Documents or any part thereof. Every request for such an interpretation shall be made in writing to the County Engineer. Any inquiry received seven or more days prior to the date fixed for opening of Bids will be given consideration. Every interpretation made to a Bidder will be in the form of an Addendum to the Contract Documents, and when issued, will be on file in the office of the Engineer at least three days before Bids are opened. In addition, all Addenda will be mailed or telecopied to each person holding contract Documents, but it shall be the Bidder's responsibility to inquire as to the Addenda issued. All such Addenda shall become part of the Contract and all Bidders shall be bound by such Addenda, whether or not received by the Bidders. 5. Inspection of Site: Each Bidder should visit the site of the proposed work and fully acquaint himself with the existing conditions there, relating to construction and labor, and should fully inform himself as to the facilities involved, the difficulties and restrictions attending the performance of the Contract. The Bidder should thoroughly examine and familiarize himself with the Drawings, Technical Specifications, and all other Contract documents. The Contractor by the execution of the Contract shall in no way be relieved of any obligation under it, due to his failure to receive or examine any BID # 230903 LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT INSTRUCTIONS TO BIDDERS SECTION 1-A PAGE 2 OF 6 form or legal instrument or to visit the site and acquaint himself with the conditions there existing, and the Owner will be justified in rejecting any claim based on facts regarding which the Contractor should have been on notice as a result thereof. 6. Alternative Bids: No alternative bids will be considered unless alternative bids are specifically requested by the technical specifications, or bid proposal package. Base bids must be provided for each item, even though an alternative bid item is also specified. 7. Bids: A. All Bids must be submitted on forms supplied by the Owner and shall be subject to all requirements of the Contract Documents including the Drawings, and these INSTRUCTIONS TO BIDDERS. All Bids must be regular in every respect and no interlineation, excisions or special conditions shall be made or included in the Bid Form by the Bidder. B. Bid Documents including the Bid, the Bid Guaranty, the Non-Collusion Affidavit and the Statement of Bidder's Qualifications (If required) shall be enclosed in an envelope, which shall be sealed and clearly labeled with the words "Bid Documents", name of Bidder, date and time of the Bid opening in order to guard against premature opening of the Bid. C. The Owner may consider as irregular any Bid on which there is an alteration to or departure from the Bid Form hereto attached and at its option may reject the same. D. If the contract is awarded, it will be awarded by the Owner to a responsible Bidder on the basis of the lowest Bid and the selected Alternative Bid items, if any. The Contract will require the completion of the work according to the Contract Documents. E. Each Bidder shall include in his Bid the following information: Principals Names Social Security Number Home Addresses, including City, State & Zip Code Firm Name Treasury Number Address City, State & Zip Code 8. Bid Guaranty: A. The Bid must be accompanied by a Bid Guaranty which shall not be less than 5 percent (5%) of the amount of the Bid. At the option of the Bidder, the guaranty may be a certified check, bank draft, negotiable U.S. Government Bonds (at par value), or a bid bond in the form attached. The Bid bond shall be secured by a guaranty or a surety company Licensed BID # 230903 LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT INSTRUCTIONS TO BIDDERS SECTION 1-A PAGE 3 OF 6 to do business in the State of Texas. The amount of such Bid bond shall be within the maximum amount specified for such Company. No Bid will be considered unless it is accompanied by the required guaranty. Certified check or bank draft must be made payable to the order of County of Cameron. Cash deposits will not be accepted. The Bid guaranty shall insure the execution of the Agreement and the furnishing of the surety bond or bonds by the successful Bidder, all as required by the Contract documents. B. Revised Bids submitted before the opening of Bids, whether forwarded by mail or telegram, if representing an increase in excess of ten percent (10%) of the original Bid, the Bid will not be considered. C. Certified checks or bank drafts, or the amount thereof, Bid Bonds and negotiable U.S. Government bonds of unsuccessful Bidders will be returned as soon as practical after the opening of the Bids. 9. Collusive Agreement: A. Each Bidder submitting a Bid to the Owner for any portion of the work contemplated by the documents on which bidding is based shall execute and attach thereto, an affidavit substantially in the form herein provided, to the effect that he has not entered into a collusive agreement with any other person, firm, or corporation in regard to any Bid submitted. B. Before executing any subcontract, the successful Bidder shall submit the name of any proposed subcontractor for prior approval and an affidavit substantially in the form to be provided by the Owner. Copies are available upon request. 10. Statement of Bidder's Qualifications: Each Bidder shall submit on the form furnished for that purpose a statement of the Bidder's qualifications, his experience records in organization and equipment available in the contract, his organization and equipment available for the work contemplated and, when specifically requested by the Owner, a detailed financial statement. The Owner shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform his obligations under the Contract and the Bidder shall furnish the owner all such information and data for this purpose as it may request. The right is reserved to reject any Bid where an investigation of the available evidence or information does not satisfy the Owner that the Bidder is qualified to carry out properly the terms of the contract. 11. Sub-Contractors: All Sub-Contractors must be approved by the Owner. A list of all proposed Sub-Contractors must be furnished to the Owner, prior to the start of construction. 12. Interpretation of Quoted Prices: BID # 230903 LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT INSTRUCTIONS TO BIDDERS SECTION 1-A PAGE 4 OF 6 In case of difference in written words and figures in a Proposal, the amount stated in written words shall govern. 13. Unit Prices: The unit price for each of the several items in the proposal of each Bidder shall include its pro rata share of overhead for both labor and materials so that the sum of the products obtained by multiplying the quantity shown for each item by the unit price Bid represents the total Bid. Any Bid not conforming to this requirement may be rejected as informal. The special attention of all Bidders is called to this provision, for should conditions make it necessary to revise the quantities, no limit will be fixed for such increased or decreased quantities nor extra compensation allowed, provided the net monetary value of all such additive and subtractive changes in quantities of such items of work (i.e., difference in cost shall not increase or decrease the original contract award price by more than twenty-five percent (25%), except for work not covered in the Drawings and Technical Specifications. 14. Rejection of Bids: Bids may be rejected if they show any alteration of works or figures, additions not called for, conditional or uncalled for alternate bids, incomplete bids, any alteration or words or figures, or erasures not initialed by the person or persons signing the proposal, or irregularities of any kind. 15. Time for Receiving Bids: Bids received prior to the advertised hour of opening shall be kept securely sealed. The officer appointed to open the bids shall decide when the specified time has arrived and no bid received thereafter will be considered; except that when a bid arrives by mail after the time fixed for opening, but before the reading of all other bids is completed, and it is shown to the satisfaction of the County that the late arrival of the bid was solely due to delay in the mails for which the bidder was not responsible, such bid will be received and considered. 16. Opening of Bids: The County shall, at the time and place fixed for the opening of bids, cause each bid to be publicly opened and read aloud, irrespective of any irregularities therein. Bidders and other interested individuals may be present. 17. Withdrawal of Bids: Bids may be withdrawn on written or telegraphic request dispatched by the Bidder in time for delivery in the normal course of business to the time fixed for opening; provided, that written confirmation of any telegraphic withdrawal over the signature of the Bidder is placed in the mail and postmarked prior to the time set for Bid opening. The bid guaranty of any Bidder withdrawing his Bid in accordance with the foregoing conditions will be returned promptly. BID # 230903 LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT INSTRUCTIONS TO BIDDERS SECTION 1-A PAGE 5 OF 6 18. Award of Contract: Rejection of Bids A. The Contract will be awarded to the responsible Bidder submitting the lowest responsive Bid complying with the conditions of the Invitation for Bids. The Bidder to whom the award is made will be notified at the earliest possible date. The Owner, however, reserves the right to reject any and all Bids and to waive any informality in Bids received whenever such rejection or waiver is in its interest. B. The Owner reserves the right to consider as unqualified to do work of general construction any Bidder who does not habitually perform with his own forces the major portions of the work involved in construction of the improvements embraced in this Contract. C. Time is of the essence in this Contract and the Owner may weigh the calendar days or working days bid in award of the Contract. The calendar days or working days will be valued equal to the liquidated damages charged per day of delay. 19. Execution of Agreement: Performance and Payment Bond A. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful Bidder shall execute and deliver the Owner an Agreement in the form included in the Contract Documents in such number of copies as the Owner may require (not to exceed six (6) copies). B. Having satisfied all conditions of award as set forth elsewhere in these documents, the successful Bidder shall, within the period specified in paragraph "a" above, furnish a surety bond in a penal sum not less than the amount of the Contract as awarded, as security for the faithful performance of the Contract, and for the payment of all persons, firms or corporations to whom the Contractor may become legally indebted for labor, materials, tools, equipment, or services of any nature including utility and transportation services, employed or used by him, in performing the work. Such bond shall be in the same form as that included in the Contract Documents and shall bear the same date as, or a date sub-sequent to that of the Agreement. The current Power of Attorney for the person who signs for any surety company and issued be attached to such bond. This bond shall be signed by a guaranty or surety company authorized to do business in the State of Texas. C. The failure of the successful Bidder to execute such Agreement and to supply the required bond or bonds within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the Owner may grant, based upon reasons determined sufficient by the Owner, shall constitute a default, and the Owner may either award the Contract to the next lowest responsible Bidder or re-advertise for Bids, and may charge against the Bidder the difference between the amount of the Bid and the amount of which a Contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the Bid Bond. If a more favorable Bid is received by re- BID # 230903 LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT INSTRUCTIONS TO BIDDERS SECTION 1-A PAGE 6 OF 6 advertising, the defaulting bidder shall have no claim against the Local Public Agency for a refund. D. Full (100%) performance and payment bonds are required on all contracts in excess of $25,000.00. The only exception is that if the contract is less than $50,000.00, the entity may hold all payment, with no interim payments made, until final completion and presentation of lien releases from all subcontractors and suppliers, in lieu of the performance bond. Such bonds must be issued by a corporate surety authorized to do business in the State of Texas. 20. This project will be awarded for construction in accordance with these specifications and upon approval by the Owner. 21. Insurance: See Special Conditions of the Agreement. 22. Certificate of Insurance: The successful bidder will furnish a completed Certificate of Insurance with the executed contract. This Certificate of Insurance shall include all applicable policies and their numbers. These policies will cover all sub-contractors and the sub-contractors Certificate of Insurance will also be submitted covering the same amount stated above for the Contractor. 23. In case of discrepancies or conflicts between the specifications, bid documents or contract documents, the following order of priority shall govern: A. Bid Documents B. Instructions to Bidders C. Special Instructions to Bidders D. Supplemental General Conditions E. Technical Specifications F. Standard Form of Agreement G. General Conditions of the Agreement H. Special Conditions of the Agreement I. Other Contract Documents 24. The award of the low bid does not constitute award of a contract. A contract will be binding on both parties when executed by both parties and a purchase order is issued. BID # 230903 LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT SECTION 2 Technical Special Instructions to Bidders 1. DRAWINGS/PLANS The Contractor shall review the drawings for this particular project and plan his work to be compatible with conditions shown on the drawings. Discrepancies between drawings and specifications shall promptly be brought to the attention of the County Engineer. 2. PROVISIONS FOR TRAFFIC The Contractor shall be required to accommodate traffic circulation at all times. The traveling public shall be protected from hazards through the construction site area. The Contractor shall provide for barricades, signs, cones, lights, signals and other such type devices for protection of the Public and for handling traffic within the project area, and such will be provided in accordance with the Texas Manual on Uniform Traffic Control Devices, (TMUTCD). (The Engineer may direct that additional control devices or flagmen be placed if in his opinion they are warranted) The above shall be provided at no additional cost to the Owner. 3. UNDERGROUND UTILITES The drawings show as much information as can be reasonably obtained by an Engineering survey party and from City, County and Utility Company records regarding the location and nature of pipelines, storm sewers, water lines, sanitary sewer, telephone conduits, etc. However, the accuracy or completeness of such information is not guaranteed. It shall be the Contractor's responsibility to locate such underground features sufficiently in advance to preclude damage to same, by contacting owners of same or any other means required to complete construction. The Contractor shall be responsible to remove and relocate all drainage culverts, fencing, mail boxes and etc. at no additional cost to the Owner. In the event of damage to underground facilities whether shown or not in the drawings, the Contractor shall make the necessary repairs to place the facilities back in service at no increase in the Contractor's price and all such repairs shall conform to the requirements of the company or agency servicing the facility. Payment will be made only on those utility adjustments for which a bid item has been proposed on this contract. All other utility adjustments damaged or disturbed by the Contractor will be returned to satisfactory service at no additional cost to the owner 4. WORK ON PRIVATE PROPERTY The Contractor will contact all property owners and make arrangements for accessing these properties to perform this work. The Contractor shall then inspect each site to determine all particulars involved in performing this work. The Contractor shall then review the proposed work with the property owner and the Engineer or their designated representatives. The Contractor shall specifically note that all yard areas, landscaping, or other improvements shall be replaced to their original or better condition unless otherwise approved in writing by the BID # 230903 LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT SECTION 2 property owner. It is strongly recommended that the Contractor obtain adequate photographic or video documentation of all existing property conditions and/or improvements prior to beginning any work on private property and upon completion of the work and site restoration. Any disputes arising between the property owner and the Contractor on properties that have not been properly documented will typically be ruled in favor of the property owner. All work done on private property shall carry the same one-year warranty as provided for in the contract documents. 5. TESTING OF MATERIALS Testing shall be done by an independent laboratory and paid for directly by the owner. The cost of any failure shall be reimbursed to the owner by the Contractor. Testing results shall be submitted to the Engineer for review and approval. 6. SURPLUS EXCAVATION Soil taken from the excavation may be spread on the adjacent areas with permission from the property owners. Written approval must be provided to the Engineer prior to placement. If no adjacent areas can be found it shall be the Contractor's responsibility to complete legal disposal. Old concrete, objectionable material and all obstructions are to be removed off the project regardless whether or not they are shown on the plans. Separate payment will be made for this work. Material must be disposed of in a legal manner. 7. FINAL GRADING CLEAN-UP It is the intent of these specifications that the entire project site be uniformly graded and dressed to provide a smooth pleasing appearance of all disturbed areas. 8. DEMOLITION/CONSTRUCTION NOTICE REQUIREMENT Contractor shall notify the Cameron County Engineering Department at least 72 hours prior to commencing demolition/construction. Contractor shall notify other Entities and Utility Companies affected by this project at least 48 hours prior to commencing demolition/construction. BID # 230903 LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT SECTION 1 – A BID PROPOSAL FORM (GENERAL CONTRACT) Project: BID # 230903 LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT Place: Cameron County Purchasing Department, 1100 E. Monroe Street 3rd Floor, Attention: Mr. Roberto C. Luna, Interim Purchasing Agent Due Date: Time: October , 2023 Before 3:00 p.m. 1. Pursuant to and in compliance with the Invitation to Bid and the proposed Contract Documents, prepared by Cameron County relating to the above referenced project, the undersigned, having become thoroughly familiar with the terms and conditions of the proposed Contract Documents and with local conditions affecting the performance and costs of the work at the place where the work is to be completed, and having fully inspected the site in all particulars, hereby proposes and agrees to fully perform the work within the time stated and in strict accordance with the proposed Contract Documents, detailed specifications, and addenda, thereto, for the following sum of money: A. BASED BID: All labor, materials, services and equipment, necessary for completion of the work shown on the drawings and described in the specifications. DOLLARS ($ . ___ ) Same in Words: ________________________________________________________________________ 2. If awarded this Contract the undersigned will execute a satisfactory Construction Contract, Performance Bond, Labor and Material Payment Bond and proof of insurance coverage, with the Owner for the entire work as per the Contract Documents within 5 days after notice of award. It is agreed that this proposal is subjected to the Owner's acceptance for a period of Thirty (30) days from the above date. 3. Contractor shall be substantially completed within 60 working days. 4. Enclosed is a Certified Check or Bidders Bond in the amount of $ ______________________ compliance with the specification requirements. (5% of the highest amount bid). The above check or Bidders Bond is to become the property of the Owner in the event the Construction Contract (when offered by the Owner) and the bonds and proof of insurance coverage are not executed within the time set forth above. 5. The undersigned agrees to the following: A. To furnish all materials as shown and specified in the plans and specifications. B. To start work within 10 days after notice to proceed. C. To work a minimum of 5 working days per week. BID # 230903 LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT SECTION 1 – A 6. The full amount of all allowances as specified in the General Requirements, Division 1, of the specifications, in the Base Proposal price shown. 7. Receipt is acknowledged of the following addendas: No. Dated No. Dated No. Dated No. Dated 8. Bidder agrees that the Owner has the right to accept or reject any or all bids and to waive all informalities. Respectfully submitted, By: _____________________________________ Date __________________ Signature Title: __________________________________________ Address: __________________________________________ (Seal - if Bidder is a corporation) BID # 230903 LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT SECTION 1 – A Itemized Bid Tab Cameron County ****BID PROPOSAL SHEETS**** 100 6002 PREPARING ROW STA 3.0 ___________________________________ DOLLARS and_______________________________ CENTS 104 6017 REMOVING CONC (DRIVEWAYS) SY 250.0 ___________________________________ DOLLARS and_______________________________ CENTS 104 6026 REMOVING CONC (GUTTER) LF 1102.0 ___________________________________ DOLLARS and_______________________________ CENTS 105 6037 REMOVING STAB BASE AND ASPH PAV (0"-16") SY 152.0 ___________________________________ DOLLARS and_______________________________ CENTS 500 6001 MOBILIZATION LS 1 ___________________________________ DOLLARS and_______________________________ CENTS 502 6001 BARRICADES, SIGNS AND TRAFFIC HANDLING MO 3 ___________________________________ DOLLARS and_______________________________ CENTS 506 6038 TEMP SEDMT CONT FENCE (INSTALL) LF 785 ___________________________________ DOLLARS and_______________________________ CENTS 506 6039 TEMP SEDMT CONT FENCE (REMOVE) LF 785 ___________________________________ DOLLARS and_______________________________ CENTS 506 6043 BIODEG EROSN CONT LOGS (REMOVE) LF 1275 ___________________________________ DOLLARS and_______________________________ CENTS 506 6045 BIODEG EROSN CONT LOGS (INSTL) (6") LF 1275 ___________________________________ DOLLARS and_______________________________ CENTS 530 6004 DRIVEWAYS (CONC) SY 340 ___________________________________ DOLLARS and_______________________________ CENTS 531 6001 CONC SIDEWALKS (4") SY 962 ___________________________________ DOLLARS and_______________________________ CENTS 531 6006 CURB RAMPS (TY 3) EA 1 ___________________________________ DOLLARS and_______________________________ CENTS UNIT BID PRICE ONLY, WRITTEN IN FIGURES ITEM COST WRITTEN IN FIGURESUnit LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT Code Alt UNIT BID PRICE ONLY, WRITTEN IN WORDS Unit Approx. Qualitities THE LAS PALMAS SIDEWALK IMPROVEMENTS Cameron County ****BID PROPOSAL SHEETS**** UNIT BID PRICE ONLY, WRITTEN IN FIGURES ITEM COST WRITTEN IN FIGURESUnit LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT Code Alt UNIT BID PRICE ONLY, WRITTEN IN WORDS Unit Approx. Qualitities 531 6008 CURB RAMPS (TY 5) EA 9 ___________________________________ DOLLARS and_______________________________ CENTS 644 6027 INS SM RD SN SUP&AM TY S80(1) SA (P) LF 2 ___________________________________ DOLLARS and_______________________________ CENTS 644 6076 REMOVE SM RD SN SUP & AM LF 2 ___________________________________ DOLLARS and_______________________________ CENTS 666 6012 REFL PAV MRK TY I (W) 4" (SLD) (100 MIL) LF 192 ___________________________________ DOLLARS and_______________________________ CENTS 666 6048 REFL PAV MRK TY I (W) 24" (SLD) (100 MIL) LF 604 ___________________________________ DOLLARS and_______________________________ CENTS 7049 XXXX ADJUSTING WATER VALVE BOX EA 1 ___________________________________ DOLLARS and_______________________________ CENTS 7049 XXXX ADJUSTING METER BOX EA 7 ___________________________________ DOLLARS and_______________________________ CENTS (Amounts are to be shown in both words and figures. In case of discrepancy, the amount shown in words will prevail.)The above unit prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. Bidder understands that the Owner reserves the right to reject any or all bids to waive any minor informalities in the bidding. TOTAL BID $ THE LAS PALMAS SIDEWALK IMPROVEMENTS BID # 230903 LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT SECTION 1 – A LIST OF SUBCONTRATORS To be submitted in a separate envelope with the Bid Proposal Project: To: BID # 230 03 LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT Cameron County The undersigned submit the following names of subcontractors to be used in performing the Contract. Each subcontractor is required to submit a standard AIA Qualification Statement clearly indicating prior historical restoration project experience and references. SUBCONTRACTORS 1. Site Work and Paving __________________________________________ 2. Concrete __________________________________________ 3. Masonry __________________________________________ 4. Finish Carpentry __________________________________________ 5. Excavation __________________________________________ 6. Utility __________________________________________ 7. Traffic Control __________________________________________ 8. Plumbing __________________________________________ 9. Electrical __________________________________________ 10. Environmental __________________________________________ 11. Other __________________________________________ All Qualification Statements will be reviewed by the Architect, who will make appropriate recommendations to the Owner. BID # 230903 LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT SECTION 1 – A ADDENDUM ACKNOWLEDGEMENT Receipt of the following addenda is acknowledged (addenda number): Respectfully Submitted: Name: ___________________________________________ (Print) By: ___________________________________________ (Signature) Address: ___________________________________________ (P.O. Box/Street) ___________________________________________ (City) (State) (Zip) Telephone: ___________________________________________ (Area Code) NOTE: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. BID # 230903 LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT BID BOND SECTION 1-A PAGE 1 OF 2 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we the undersigned _________________________, as PRINCIPAL, AND _________________________, as SURETY are held and firmly bound unto CAMERON COUNTY hereinafter called the OWNER Dollars, ($_________________________) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that Whereas the Principal has submitted the Accompanying Bid, dated__________________, 20____, for_____________________________. NOW, THEREFORE, if the Principal shall not withdraw said Bid within the period specified therein after the opening of the same, or if no period be specified, within thirty (30) days after the said opening, and shall within the period specified therefore, or if no period be specified, within then (10) days after the prescribed forms are presented to him for signature, enter into a written Contract with the Local Public Agency in accordance with the Bid as accepted, and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract; or in the event of the withdrawal of said Bid within the period specified, or the failure to enter into such Contract and give such bond within the time specified, if the Principal shall pay the Owner the difference between the amount specified in said Bid and the amount for which the Owner may procure the required work of supplies or both, if the latter be in excess of the former, them the above obligation shall be void and of no effect, otherwise, to remain in full force and virtue. IN WITNESS WHEREOF, the above-bounded parties have executed this instrument under their several seals this ____ day of _______________ 20____, the name and corporate seal of each corporate party being here to affixed and these present signed by its undersigned representative, pursuant to authority of its governing body. ATTEST: BY: _________________________ Affix Corporate Seal ATTEST: BY: _________________________ Affix Corporate Seal ATTEST: BY: _________________________ Affix Corporate Seal BID BOND SECTION 1-A PAGE 2 OF 2 BID # 230903 LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT Countersigned BY: _________________________ Attorney-in-Fact, State of CERTIFICATE AS TO CORPORATE PRINCIPAL I, _________________________, certify that I am the , Secretary of the Corporation named as Principal in the within bond; that , who signed the said bond on behalf of the Principal was then of said corporation; that I know his signature, and his signature there to is genuine; and that said bond was duly signed, and attested to for and in behalf of said corporation by authority of this governing body. _________________________ Title (Corporate Seal) Power-of-Attorney for person signing for surety company must be attached to bond. BID # 230903 LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT STATEMENT OF BIDDERS QUALIFICATIONS SECTION 1-A PAGE 1 OF 2 STATEMENT OF BIDDERS QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. The statement must be notarized. If necessary, may be answered on separate attached sheets. Bidders may submit any additional information he desires. Name of Bidder: _____________________________ Date Organized: ________________ Address: ___________________________________ Date Incorporated: ________________ Number of years in contracting business under present name _______________________ Contracts on Hand: Contract Amount ($) Completion Date __________________________________________ _____________ ________________ __________________________________________ _____________ ________________ __________________________________________ _____________ ________________ Type of work performed by your company: _____________________________________ Have you ever failed to complete any work awarded to you? _______________________ Have you ever defaulted on a contract? ________________________________________ List the projects most recently completed by your firm (include projects of similar importance): Project Amount $ Mo./Yr. Completed __________________________________________ _____________ ________________ __________________________________________ _____________ ________________ __________________________________________ _____________ ________________ Major equipment available for this contract: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ STATEMENT OF BIDDERS QUALIFICATIONS SECTION 1-A PAGE 2 OF 2 BID # 230903 LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT Attach resume(s) for the principal member(s) of your organization, including the officers as well as the proposed superintendent for the project. Credit available: $____________________Bank reference: ________________________ The undersigned hereby authorizes and requests any person, firm or corporation to furnish any and all information requested by the ______________________________for verification of the recitals comprising this Statement of Bidders Qualifications. Executed this _______________ day of _____________________, 20________. By: (signature) _______________________________ Title: _______________ (print name) __________________________________ BID # 230903 LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT SECTION 1 – A CERTIFICATE AS TO CORPORATE PRINCIPAL I,_________________, certify that I am the ___________________,____________________, Secretary of the Corporation named as Principal in the within bond; that , who signed the said bond on behalf of the Principal was then of said corporation; that I know his/her signature, and his/her signature thereto is genuine; and that said bond was duly signed, sealed, and attested to, for and in behalf of said corporation by authority of this governing body. Corporate Seal Title: _________________________________________________________________ * Power-of-attorney for person signing for surety company must be attached to bond. SECTION 1: BID PROPOSAL DOCUMENTS B. BID FORMS BID # 230903 LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT SECTION 1 – B RESPONDER’S SIGNATURE/INITIALS: ATTACHMENT A Bidders Name___________________ Date: ____________ VENDOR REFERENCES Please list three (3) references of current customers who can verify the quality of service your company provides. The County prefers customers of similar size and scope of work to this bid. REFERENCE ONE Government/Company Name: ____________________________________________________ Address: ______________________________________________________________________ Contact Person and Title: _________________________________________________________ Phone: _______________________________ E-mail address: ____________________________ Contract Period: ___________________________ Scope of Work________________________ REFERENCE TWO Government/Company Name: _____________________________________________________ Address: _______________________________________________________________________ Contact Person and Title: __________________________________________________________ Phone: _______________________________ E-mail address: ____________________________ Contract Period: ___________________________ Scope of Work_________________________ REFERENCE THREE Government/Company Name: _____________________________________________________ Address: _______________________________________________________________________ Contact Person and Title: __________________________________________________________ Phone: _______________________________ E-mail address: ____________________________ Contract Period: _________________________ Scope of Work___________________________ THIS FORM MUST BE RETURNED WITH YOUR BID BID # 230903 LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT SECTION 1 – B RESPONDER’S SIGNATURE/INITIALS: ATTACHMENT B AFFIDAVIT The undersigned certifies that the bid prices contained in this bid have been carefully checked and are submitted as correct and final and if bid is accepted (within 90 days unless otherwise noted by vendor), agrees to furnish any and/or all items upon which prices are offered, at the price(s) and upon the conditions contained in the Specifications. STATE OF TEXAS COUNTY OF CAMERON BEFORE ME, the undersigned authority, A Notary Public in and for the State of Texas, on this day personally appeared ____________________________________________________________________ who, after having first been duly sworn, upon oath did depose and say; That the foregoing bid submitted by _________________________________________ hereinafter called “Bidder” is the duly authorized agent of said company and that the person signing said proposal has been duly authorized to execute the same. Bidder affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other Bidder. The bidder is not a member of any trust, pool, or combination to control the price of products or services bid on, or to influence any person to bid or not to bid thereon. I further affirm that the bidder has not given, offered to give, nor intends to give, at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discounts, trip, favor, or service to a public servant in connection with the submitted Bid. The contents of this bid as to prices, terms or conditions of said bid 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 bid. Name and Address of Bidder: Signature Title Telephone No. _______________________ SWORN TO AND SUBSCRIBE BEFORE ME THIS ____ day of____________________________, 20_____. _______________________________________ Notary Public in and for the State of Texas THIS FORM MUST BE RETURNED WITH YOUR BID BID # 230903 LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT SECTION 1 – B RESPONDER’S SIGNATURE/INITIALS: Attachment C RESIDENCE CERTIFICATION Pursuant to Texas Government Code 2252.001 et seq., as amended, Cameron County requests Residence Certification. 2252.001 et seq. of the Government Code provides some restrictions on the awarding of governmental contracts; pertinent provisions of 2252.001 are stated below: “Nonresident bidder” refers to a person who is not a resident. “Resident bidder” refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. � I certify that _______________________________________________is a Resident Bidder of Texas as defined in Government Code 2252.001. � I certify that ___________________________________________________ is a Nonresident Bidder as defined in Government Code 2252.001 and our principal place of business is _______________________________________________________________. (City and State) THIS FORM MUST BE RETURNED WITH YOUR BID BID # 230903 LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT SECTION 1 – B RESPONDER’S SIGNATURE/INITIALS: Attachment D CAMERON COUNTY EXPRESSLY REQUESTS THAT BIDDERS / PROPOSERS NOT DISCUSS THIS ENGAGEMENT OR THIS BIDDER’S / PROPOSER’S PLANS, EXPERIENCE OR CREDENTIALS WITH OTHER BIDDERS / PROPOSERS OR ANY MEMBER OF COMMISSIONERS’ COURT, ANY COUNTY OFFICIAL, OR ANY EVALUATION COMMITTEE MEMBER APPOINTED BY COMMISSIONERS COURT. EXCLUDED ARE PRE-BID OR PRE- PROPOSAL CONFERENCES, EVALUATION COMMITTEE SCHEDULED VENDOR PRESENTATIONS OR VENDOR INTERVIEWS, OR EVALUATION COMMITTEE SCHEDULED EQUIPMENT OR SERVICES DEMONSTRATIONS. YOU MAY CONTACT THE PURCHASING AGENT /PURCHASING DEPARTMENT AT ANY TIME. FROM BID OPENING DATE THROUGH COMMISSIONERS COURT MEETING FOR SELECTION, VENDORS SHALL NOT APPROACH THE COUNTY JUDGE OR COMMISSIONERS TO DISCUSS MATTERS PERTAINING TO THIS BID. 1. Has any individual with the firm submitting this Proposal/Bid/Response made any contact with any member of Commissioners Court, any County Official, or an Evaluation Committee member concerning this Invitation to Bid/RFP/RFQ, other than questions to the Assistant County Auditor/Purchasing Officer? ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 2. Has any individual with the firm submitting this Proposal/Bid/Response made any contact with any other Bidder or Proposer concerning this Invitation to Bid/RFP/RFQ? ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ _________________________________________ _________ Signature of person submitting this Bid Date THIS FORM MUST BE RETURNED WITH YOUR BID BID # 230903 LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT SECTION 1 – B RESPONDER’S SIGNATURE/INITIALS: Attachment E ORDER NO. 2007O2005 THE STATE OF TEXAS § § COUNTY OF CAMERON § ORDER ADOPTING CONTRACTING RULES FOR PERSONS INDEBTED TO COUNTY WHEREAS, pursuant to V.T.C.A., Local Government Code, Section 262.0276, a commissioner’s court is authorized to adopt rules permitting a county to refuse to enter into a contract or other transaction with a person indebted to the county; WHEREAS, the Commissioners Court of Cameron County finds it is in the best interest of Cameron County to adopt such rules; NOW THEREFORE, BE IT ORDERED by the Commissioners Court of Cameron County, that the following rules be adopted regarding Cameron County and persons interested in doing business with Cameron County: 1. Cameron County may refuse to enter into a contract or other transaction with a person with a past due debt to Cameron County, including delinquent ad valorem taxes, even if the person is the lowest bidder or successful proposer; and 2. For purposes of this Order, a debt is past due if it is not received in the County Treasurer’s Office by the due date in a written agreement or notice, and ad valorem taxes are past due if not received in the County Tax Assessor/Collector’s Office by February 1st following the January 1st on which the ad valorem taxes are due. 3. For purposes of this Order, a person includes an individual, sole proprietorship, corporation, nonprofit corporation, partnership, joint venture, limited liability company, and any other entity that proposes or otherwise seeks to enter into a contract or other transaction with Cameron County requiring approval by the Commissioners Court. ADOPTED this 13 day of March, 2007. Is the person or the firm submitting this Bid current with all local and State taxes? _________________ _________________________________________ _________ Signature of person submitting this Bid Date THIS FORM MUST BE RETURNED WITH YOUR BID BID # 230903 LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT SECTION 1 – B RESPONDER’S SIGNATURE/INITIALS: Attachment F Certification Regarding Debarment & Suspension Ineligibility As is required by the Federal Regulations Implementing Executive Order 12549, Debarment and Suspension, 45 CFR Part 76, Government-wide Debarment and Suspension, in the applicant certifies, to the best of his or her knowledge and belief, that both it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency; b. Have not within a three-year period preceding this bid/proposal and/or application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction, violation of federal or state antitrust statutes or commission of embezzlement, theft, theory, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity with commission of any of the offenses enumerated herein; and d. Have not within a three-year period preceding this bid/proposal and/or application had one or more public transactions terminated of cause or default. Signature Print Name Title Telephone No. Date If the Bidder / Proposer is unable to certify to all of the statements in this Certification, such Bidder / Proposer should attach an explanation to this Bid / Proposal. THIS FORM MUST BE RETURNED WITH YOUR BID BID # 230903 LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT SECTION 1 – B RESPONDER’S SIGNATURE/INITIALS: SWORN STATEMENT ON DEBARMENT This SWORN statement is submitted with project number ______________________________________ By: _________________________________________________________________________________ (PRINT INDIVIDUALS NAME AND TITLE) For: ________________________________________________________________________________ (PRINT NAME OF ENTITY SUBMITTING SWORN STATEMENT) whose business address is: _________________________ __________________ ___________ _______________________ CITY STATE ZIP PHONE and if applicable its Federal Employee Identification Number (FEIN) is: __________________________ (INDICATE WHICH STATEMENTS APPLY) _____ Neither the entity submitting this SWORN statement, nor any of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime. _____ The entity submitting this SWORN statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity HAS BEEN CHARGED WITH AND CONVICTED OF A PUBLIC ENTITY CRIME. _____ The entity submitting this SWORN statement is not present on any Federal list of debarred contractors, nor been debarred from any other type of contracting. _______________________________ _____________________________ AUTHORIZED SIGNATURE (Printed Name) _____________________ (Title) Sworn to and subscribed before me this ______ day of _______________, _____. Personally known ____________ OR Produced identification ____________________________________ SHOW TYPE OF IDENTIFICATION Notary Public State of ________, County of _____________ My commission expires ___________ ____________________________________________________________________________ (PRINTED/TYPED/ OR STAMPED COMMISSIONED NAME OF NOTARY PUBLIC) THIS FORM MUST BE RETURNED WITH YOUR BID BID # 230903 LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT SECTION 1 – B RESPONDER’S SIGNATURE/INITIALS: Attachment F-2 Architects, Engineers, Construction The applicant certifies, to the best of his or her knowledge and belief, that the information noted below for it and its principals are accurate: a. List all previous law suits with Public entities and the results of such suits over the past 7 years. ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ b. List all projects that have exceeded Budget, what % over budget and why – over the past 5 years. ________________________________________________________________________ ________________________________________________________________________ _______________________________________________________________________ c. List all projects that have exceeded the project completion due date, how many days over and why – over the past 5 years. ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ (attach pages if necessary due to space limitations) Signature Print Name Title Telephone No. Date If the Bidder / Proposer is unable to certify to all of the statements in this Certification, such Bidder / Proposer should attach an explanation to this Bid / Proposal. THIS FORM MUST BE RETURNED WITH YOUR BID BID # 230903 LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT SECTION 1 – B RESPONDER’S SIGNATURE/INITIALS: Attachment G Certification Regarding Resolution Requiring Minimum Wage Rate As is required by Resolution No. 2008R12092: A RESOLUTION IN SUPPORT OF MAINTAINING A HIGHER MINIMUM WAGE REQUIREMENT FOR ALL CONTRACTORS DOING WORK FOR CAMERON COUNTY The applicant (Bidder) certifies, to the best of his or her knowledge and belief, that the Prime Contractor and Subcontractor contracts shall explicitly include a minimum wage of $8.50 per hour for all full time and part time employees hired by the prime and subcontractors for any and all work performed for Cameron County in this Bid. Signature Print Name Title Telephone No. Date If the Bidder / Proposer is unable to certify to all of the statements in this Certification, such Bidder / Proposer should attach an explanation to this Bid / Proposal. THIS FORM MUST BE RETURNED WITH YOUR BID BID # 230903 LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT SECTION 1 – B RESPONDER’S SIGNATURE/INITIALS: Attachment H CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity 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. OFFICE USE ONLY Date Received 1 Name of vendor who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. Name of Officer 4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. 6 Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics,state.tx.us Revised 1/1/2021 BID # 230903 LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT SECTION 1 – B RESPONDER’S SIGNATURE/INITIALS: CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.176.htm . For easy reference, below are some of the sections cited on this form. Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code § 176.003(a)(2)(A) and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: ... (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code § 176.006(a) and (a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics,state.tx.us Revised 1/1/2021 THIS FORM MUST BE RETURNED WITH YOUR BID BID # 230903 LAS PALMAS SIDEWALK IMPROVEMENTS PROJECT SECTION 1 – B RESPONDER’S SIGNATURE/INITIALS: NEPOTISM CHART AFFINITY KINSHIP Relationship by Marriage The chart below shows Affinity Kinship (relationship by marriage) Consanguinity Kinship (relationship by blood) for purposes of interpreting nepotism as defined in VTCA Government Code, Chapter 573, §§573.021 - .025 CONSANGUINITY KINSHIP Relationship by Blood