REQUEST FOR PROPOSAL: RFP# CG-EHNC19R

1 | Page RFP# CG-EHNC19R ETCOG Housing New Construction 2019 RFP

East Texas Council of Governments

3800 Stone Rd. Kilgore, TX 75662

REQUEST FOR PROPOSAL: RFP# CG-EHNC19R

ETCOG HOUSING NEW CONSTRUCTION 2019

RFP Release: November 1, 2019

RFP Due: December 2, 2019

Time Due: 11:00 A.M. CDT

David A. Cleveland, Executive Director, ETCOG Bettye M. Mitchell, Housing Director


TABLE OF CONTENTS

BID ACKNOWLEDGEMENT FORM……………………………………………………………………….…………...………. 4

INTRODUCTION………………………………………………………………………………………………………………………... 5

I. GENERAL INFORMATION………………………………………………………………………………………………… 5

Purpose................................................................................................................................. 5

II. SCOPE of WORK and PROGRAM.......................................................................................... 5 Scope of Work………………………………………………………………………………………………………….. 5 Scope of Program…………………………………………………………………………………………………….. 7

III. PROPOSAL REQUIREMENTS…………………………………………………………………………………………. 9

IV. RFP TIMELINE SCHEDULE..................................................................................................... 11

Pre-Bid Conference………………........................................................................................... 11

V. BIDDING INFORMATION….………………………………………………………………………………………....... 11

Examination of Documents and Requirements.................................................................... 11 Bid Submission Instructions…………………………………………………………………………………………….. 12 RFP Retrieval…………………………………………………………………………………………………................... 13 Proposer Communications………………………………………………………………………………………………. 13 Questions & Responses........................................................................................................ 13 Sealed Bid Process................................................................................................................ 13 HUB Best Practices............................................................................................................... 14

VI. PROPOSAL FORMAT INSTRUCTIONS............................................................................. 15

VII. PROPOSAL OPENING..................................................................................................... 15

VIII. EXCEPTIONS TO TERMS........................................................................................................ 16

IX. GENERAL PROPOSER RESPONSIBILITIES....................................................................... 16 Contractor Responsibilities……………………………………………………………………………………….. 16 Material Diaposal........................................................................................................... 17 Laws, Codes, & Safety Guidelines.................................................................................. 18

X. EVALUATION AND AWARD........................................................................................... 19 Evaluation Procedure………………………………………………………………………………………………… 19 Evaluation Criteria......................................................................................................... 20 Proposal Evaluation....................................................................................................... 21 Criteria Table.................................................................................................................. 21


Award Terms.................................................................................................................. 21 Award Notification......................................................................................................... 21 Appeals...........................................................................................................................22

XI. CONTRACT TERM AND METHOD OF PAYMENT.......................................................... 22

XII. ETCOG GENERAL TERMS & CONDITIONS………………………………………………………………… 23

XIII. ESSENTIAL CLAUSES AND CERTIFICATIONS......................................................................... 25

XIV. SIGNATURE PAGE................................................................................................................. 29

EXHIBIT A: Single-Family New Construction Blueprint (attached): (double-click to open)

ATTACHMENTS

Contractor Bid Sheet A*................................................................................................................. 30 Offer and Submittal – Attachment B*............................................................................................ 32 References – Attachment C*.......................................................................................................... 33 Proposed Subcontractors – Attachment D*................................................................................... 34 Contractor Ownership Disclosure Ordinance – Attachment E....................................................... 35 Affidavit of Ownership or Control – Attachment F*....................................................................... 36 Anti-Collusion Statement – Attachment G*................................................................................... 39 Bidder’s Statement of Residency – Attachment H*....................................................................... 40 Debarment Certificate – Attachment I*........................................................................................ 41 Criminal History Criteria – Attachment J*.......................................................................................42 Conflict of Interest Instructions – Attachment K.............................................................................43 Conflict of Interest Form (CIQ) – Attachment L*............................................................................ 44 ETCOG Customer Service Creed – Attachment M*.........................................................................45 *(must return with bid proposal) IMPORTANT LEGAL REQUIREMENTS (URL Links)

• Texas Minimum Construction Standards https://www.tdhca.state.tx.us/single-family/training/docs/14-TMCS.pdf

• Contract Provisions Required by Federal Law or Owner Contract with the U.S. Department of Housing and Urban Development Required Contract Provisions https://www.hud.gov/sites/documents/DOC_12136.PDF

• TAC 10, Part 1, Ch. 20 – Single Family Programs Umbrella Rule https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=4&ti=10&pt=1&ch=20&rl=Y

• TAC 10, Part 1, Ch. 21 – Minimum Energy Efficiency Requirements for Single Family Constructed Activities https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=4&ti=10&pt=1&ch=21&rl=Y

• TAC 10, Part 1, Ch. 23 – Single Family HOME Program Rule https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=4&ti=10&pt=1&ch=23

SMayneBlueprint.p

df

https://www.tdhca.state.tx.us/single-family/training/docs/14-TMCS.pdf

https://www.tdhca.state.tx.us/single-family/training/docs/14-TMCS.pdf

https://www.hud.gov/sites/documents/DOC_12136.PDF

https://www.hud.gov/sites/documents/DOC_12136.PDF

https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=4&ti=10&pt=1&ch=20&rl=Y








https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=4&ti=10&pt=1&ch=23

https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=4&ti=10&pt=1&ch=23


BID ACKNOWLEDGEMENT FORM (Complete & Submit Upon Receipt)

Request for Proposal: ETCOG Housing New Construction 2019 RFP Please fill-out and email this page to: [email protected] upon receipt of this Request for Proposals (RFP) document; or return by mail to: ETCOG, Attn: Patricia Hudspeth, CTPM, Procurement Dept., 3800 Stone Road, Kilgore, Texas 75662. Please check one:

Yes, I will be able to send a response based on the RFP proposal packet received by:

Emailed Proposal Online Posting

Yes, I will be able to send a response based on the RFP proposal packet obtained

from ETCOG website.

No, I will not be able to send a response to the RFP for the following reason:

However, please keep me active to receive future RFP opportunities.

PROPOSER INFORMATION:

Date:

Company:

Name:

Address:

City: State: Zip:

Phone: Fax:

Email

mailto:[email protected]

5 | Page RFP# CG-EHCS19R ETCOG Housing Contractor Services 2019 RFP

INTRODUCTION ETCOG is a voluntary association of counties, cities, school districts and special districts within the fourteen-county East Texas region. ETCOG assists local governments in planning for common needs, cooperating for mutual benefit and coordinating for sound regional development. Established in 1970, ETCOG, either directly, or through its contractors, provides programs and services for East Texas seniors, employers, and job seekers. ETCOG and its contractors also build the 9-1-1 emergency call delivery system, provide peace officer training and homeland security planning services, deliver rural transportation services, business finance programs, and environmental grant funding for the region. Currently, ETCOG serves a 14-county area including Anderson, Camp, Cherokee, Gregg, Harrison, Henderson, Marion, Panola, Rains, Rusk, Smith, Upshur, Van Zandt and Wood counties and its member governments are comprised of counties, cities, school districts and special purpose districts.

SECTION I. GENERAL INFORMATION PURPOSE

The East Texas Council of Governments (ETCOG) is seeking proposals from qualified building contractors to construct a new single-family home unit in the initial targeted area of Van Zandt County. This new construction single-family home will be the first to be built by ETCOG. ETCOG contracts with TDHCA and is developing a ‘HOME’ program to allow additional single-family home units to be built in the future as TDHCA funding becomes available. ETCOG also administers a residential home repair program through the Area Agency on Aging (AAA). The Housing Program is being led by the Director of Housing. Any new construction for single-family homes shall be constructed in compliance with all local, state and federal statutes governing such work and the new home shall be constructed to standards necessary to comply with ETCOG and county local building code standards, HUD Housing Quality Standards (HQS), and as applicable, with Uniform Federal Accessibility Standards.

SECTION II. SCOPE OF WORK AND PROGRAM SCOPE OF WORK This project is governed and administered by 10 TAC Chapter 23, Subchapter A, General Guidance of all HOME Single Family activities funds provided to the Texas Department of Housing and Community Affairs, by the U.S. Department of Housing and Urban Development (HUD) pursuant to Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990 as amended (42 U.S.C. 12701-12839) and HUD regulations at 24 CFR, Part 92 as amended. This project is subject to compliance of the 10 TAC Chapter 23 Subchapter A, 2015 Rules. Housing proposed to be constructed must meet the requirements in Chapters 20 and 21 of this title and must be certified by a licensed architect or engineer. The successful Proposer shall serve as a General Contractor and will be solely responsible for the hiring and managing of qualified workers and sub-contractors needed to ensure all related work in the construction of housing unit(s) for new construction work is carried out in a timely manner and in full compliance with local building code standards, HUD Housing Quality Standards, as applicable, Uniform Federal Accessibility Standards.


A. Housing New Construction (Funding Source: HOME Disaster Relief Program) ETCOG will provide architectural house plans (Exhibit A – PDF Image, Table of Contents, p. 3), for each housing unit location identified in this RFP for immediate housing construction, and any future housing construction needs as they become available. All construction needs dependent on TDHCA funding availability. New Construction, site-built housing units must meet or exceed the 2000 International Residential Code and all applicable local codes, standards, ordinances, and zoning requirements. In addition, new construction housing is required to meet 92.251 (a)(2) as applicable. New construction housing units under this chapter must meet the Texas Minimum Construction Standards (TMCS) and all other applicable local codes, new construction standards, ordinances, and zoning ordinances in accordance with the HOME Final Rule. Any demolition and debris removal performed by the General Contractor(s) must comply with all local, state and federal statutes and regulations governing such work.

B. Design Requirements - In accordance with the TAC 10, 2331, each unit must meet the design and quality requirements described in paragraphs (1) - (4), as follows:

1. Include the following amenities:

2. Contain no less than two bedrooms. Each unit must contain complete physical facilities and

fixtures for living, sleeping, eating, cooking, and sanitation; a. Wired with RG-6 COAX or better and CAT3 phone cable or better to each bedroom and

living room; b. Blinds or window coverings for all windows; c. Oven/Range; d. Exhaust/vent fans (vented to the outside) in bathrooms; e. Energy-Star or equivalently rated lighting in all rooms, which may include compact

florescent bulbs. f. The living room and each bedroom must contain at least one ceiling lighting fixture, and

wiring must be capable of supporting ceiling fans;

3. Each bedroom must be no less than 100 square feet; have a length or width no less than 8 feet; be self-contained with a door; have at least one window that provides exterior access; and have at least one closet that is not less than 2 feet deep and 3 feet wide and high enough to contain at least 5 feet of hanging space; and

4. Be no less than 800 total net square feet for a two-bedroom home; no less than 1,000 total net square feet for a three bedroom and two-bathroom home; and no less than 1,200 total net square feet for a four bedroom and two-bathroom home.

In addition, family needs may require construction to include installation of; 1. Landscaping, 2. Driveway with positive drainage to the street, 3. Attached carports or garages and installation of 4. Sidewalk 5. ADA compliant structures:

a. Reinforced handicap concrete ramp with metal handrail; b. Handicapped accessories in bathroom and kitchen i.e. handicapped toilets, stainless steel

handicap grab bars, (etc.).


C. Housing Unit Available for Construction At the time of the posting of this RFP, there is currently one housing unit available for construction as approved by the Texas Department of Housing and Community Affairs. Housing Unit Location: 3330 VZ CR 1910 Fruitvale, TX

D. Price - Direct Project Cost - 10 TAC Chapter 23 subchapter A General Guidance for Construction of Single-Family Home Direct Project cost, exclusive of Match funds, and are limited to: The lesser of $78,000 or $85,000, or Households of five or more persons the lesser of $90,000 Project Soft Cost are limited to no more than $9,000 per housing unit for new construction. General Contractor fees are limited to 15% of the total hard construction cost. Approved Cost: $81,950 – Hard Cost NEW Build Building Area: Conditioned 813 SQ FT. Porch 238 SQ FT Total 1051 SQ. FT.

E. Housing Construction Agreement

Any Successful Proposer(s) will enter into a ‘Construction Agreement’ with ETCOG with the understanding no construction work will begin without prior approval by TDHCA or a ‘work order to proceed’ issued by ETCOG and all parties have signed the agreement, and not before a ‘Pre-Construction Conference’ takes place at the designated property site to negotiate work scope and terms to become an addendum to the signed agreement.

SCOPE OF PROGRAM

A. Program Details:

1. Proposers may submit bid pricing on this project 2. Funding for HOME new construction shall not exceed a price point of awarded contract

for each housing unit 3. Selected contractor must be capable of meeting housing unit requirements. 4. Contractors bidding on this contract may be considered for future ETCOG new home

builds, rehabilitation and the housing repair program. 5. The program may be expanded to include other housing construction programs

administered by ETCOG; and 6. All HOME Program housing unit constructions are dependent upon availability of funding.

B. Construction Permits:

General Contractor(s) must obtain all permits required to perform the authorized scope of work and must comply with all the regulations governing the issuance and inspections of any work performed. Furthermore, General Contractor(s) and their subcontractors must possess trade or other professional licenses as may be required by the State of Texas and ETCOG in order to perform such functions that are subject to licensing.


C. Funding Sources: The HOME Program is funded by the HOME Disaster Recovery Programs and the Senior Residential Housing program with the Area Agency on Aging.

D. Bonding Requirement:

2 CFR 200.325 specifies minimum bonding requirements for construction contracts:

• Bid guarantee from each bidder equivalent to 5% of the bid price committing to enter into contract upon acceptance

• Performance bond for 100% of the contract price to fulfill all contractor’s obligations

• Payment bond for 100% of the contract price assuring payment to all subcontractors, workers, and vendors

E. Insurance Requirement:

HOME state rules at 10 TAC 23.28(4)(D) specifies that in procuring construction contractors, requirements for the provision of general liability insurance cannot exceed the value of the construction contract.

F. Drug Free Requirements: General Contractor’s must provide Drug Compliance Agreement, Drug Policy Compliance Declaration, and Contractor’s Certification of No Safety Impact Positions.

G. Governing Authority: The Texas Department of Housing and Community Affairs (TDHCA) is the funding authority for this and ETCOG the administrator of the housing program.

H. Who May Respond:

General Contractors who are responsible and demonstrate the following qualifications pursuant to FAR regulations, Section 253.209,

1. Technical Capability which encompasses an assessment of contractor technical knowledge,

experience, and understanding of the necessary requirements to produce the required product and/or service;

2. Production Capability which encompasses contractor’s ability to plan, control, and integrate manpower, and financial resources, to include ability to acquire needed facilities, material, and equipment, in addition to an established system for timely placement of orders, and vendor follow-up;

3. Quality Assurance Capability which encompasses contractor’s ability to meet quality assurance requirements for any contract resulting from this RFP;

4. Financial Capability which encompasses contractor evidence of adequate financial resources

in obtaining required personnel, equipment, materials, (etc.) for job completion. All General Contractors must possess good character and by responding to this RFP agree to a background check that will include criminal and fiscal background check. All contractor employees and subcontractors that will complete any work on-site will be subject to a criminal background check at contractor’s expense. Any employee or subcontractor with disqualifying convictions or deferred adjudications is not eligible to perform services under an ETCOG contract and the contractor must certify that the required background checks have been performed and no employee working on the project is disqualified.


SECTION III. PROPOSAL REQUIREMENTS

A. GENERAL COMPANY INFORMATION Please include the following:

6. Provide the name of proposer’s company (including the name of any parent company), business address, e-mail address, Federal Tax ID number, telephone number, and fax number;

7. Include a brief overview of the Proposer(s) work history, expertise, and any prior work with ETCOG or other local governments, (reference item C below);

8. Include the overall strategy for the new build; and 9. Include key personnel (reference item B below); who will be responsible for seeing the

new build construction through to completion.

B. KEY PERSONNEL

Identify the key personnel that will be committed to the housing project(s). ETCOG reserves the right to reject any key personnel proposed if it is determined in the ETCOG’s best interest. All key personnel must be committed to the project(s) at the appropriate time level. Proposer understands that the qualifications and experience of key personnel proposed will be factored into the evaluation process; therefore, key personnel must not be replaced without the approval of the ETCOG. Any approved substitutions must be with personnel of equal or better qualifications. In addition, any other commitments must not conflict with the level of commitment proposed for this project. Provide names and titles of key personnel and an organizational chart of your proposed project team. Provide professional resumes and certifications of all key personnel. Key personnel must possess current professional certifications customary within the industry for the work to be performed.

C. KNOWLEDGE and EXPERIENCE

Provide detailed relevant information about your company’s knowledge and experience, including:

1. Summarize three (3) or more construction jobs (in similar size and scope to this RFP), with

brief descriptions that demonstrate your experience performing work for both ETCOG and county areas. Provide information about the most recent 5 construction projects bid, 1) the amount bid, 2) the number of change orders, 3) amounts of each, 4) whether the change order was requested by the client or by the contractor, and 5) the final completed price for the project indicating the variance between the price bid and the final price. Photographs requested.

2. Provide a summary of firm’s background history, number of years in business, total number of employees, key personnel and their availability to be deployed on this project for the ETCOG. Identify any work performed within the last 5 years for any governmental entity, including the State of Texas, within the 14 county ETCOG region.

3. Provide a description of any awards or recognition given your company. Identify any

sanctions, suspensions, fines, notices of violation or license revocations imposed by any governmental entity within the last 10 years.


D. CLIENT REFERENCES

Provide the name and reference contact information for three (3) clients for whom you have provided similar services to municipalities within the past three (3) years. Provide size and scope of each project with brief descriptions of the projects. Specifically, provide the following: 1. Name and location of project(s);

2. “CURRENT” reference contact names, telephone numbers, and e-mail addresses;

3. Total number of new homes constructed over the last five (5) years.

4. Deployment completion date(s) or current status;

E. FORMS and CERTIFICATIONS

Contractor must provide all required forms and certifications, as applicable, and at any given point whenever requested by ETCOG. (These forms may include, but not be limited to, certifications as required in this RFP, i.e. Lead Based Paint Supervisor, Certified Asbestos Abatement, and Housing Quality Standards, (etc.).

F. HUB PARTICIPATION

Identify a HUB subcontractor and identify the role of each HUB subcontractor for this implemented project.

F. FINANCIAL STABILITY

To ensure ETCOG’s ability to a) determine contractor financial stability; and, b) confirm contractor’s system of accounting and financial controls for effective internal management and administrative control,

Proposers must provide, but not be limited to, the following:

1. Current financial statement for the past two years (provided by CPA or Bookkeeper

preferred);

2. Credit references (by supplier)

3. Bank references to support firm’s ‘good standing’;

4. Any tax liens, tax deficiency notices and resolution, if any, of any State or Federal agency liens or deficiency notices;

5. And any other information and/or documentation as requested by ETCOG

G. EXCEPTIONS to STANDARD CONTRACT

Submit any Exceptions to this RFP and the rationale for taking the Exception. Such Exceptions will be considered when evaluating the Proposer’s response to this RFP. If you are proposing alternate language, include the proposed language for consideration, along with the corresponding Article Nos. within the RFP.


H. LEGAL ACTIONS

Provide a list of any past and pending litigation, including any arbitration or Alternative Dispute Resolution (ADR) matters, related to construction work you have performed. Include a brief description of the reason for legal action, including arbitration or ADR; the current status; and, results of past litigations. Arbitrations or ADR proceedings.

I. CONFLICT of INTEREST

Provide information regarding any real or potential conflict of interest. Failure to address any potential conflict of interest upfront may be cause for rejection of the Proposal.

J. OTHER INFORMATION

Submit any information the Proposer deems pertinent to demonstrating its qualifications to perform the services being requested, such as memberships in any professional associations, documents, examples, etc.

SECTION IV. RFP TIMELINE SCHEDULE (All dates are subject to change) RFP Advertisement/Bid Release Friday, November 1, 2019 Pre-Bid Conference Wednesday, November 6, 2019 (10:00 AM)

Deadline for Submission of Questions Monday, November 11, 2019 Response to Questions Posted Thursday, November 14, 2019

RFP Submissions Due/Bid Opening Monday, December 2, 2019 (11:00 AM CST) Team Briefing/Evaluation Commences Monday, December 2, 2019 (3:30 PM)

Award Recommendation Tuesday, December 3, 2019 (10:30 AM) Executive Committee Thursday, December 5, 2019

Pre-Bid Conference will be held at ETCOG main office, located at 3800 Stone Road, Kilgore, Texas at 10:00 AM, November 6, 2019. A Pre-Bid Conference is an opportunity for potential Proposers to ask questions and receive responses from key staff concerning RFP requirements and scope of service requirements pertaining to proposal content. Although attendance is not mandatory it is highly recommended, and if attending proposers are expected to (1) read the RFP and any related documentation before attending the pre-bid conference, (2) bring RFP copy and copies of any related documents proposer wants reviewed and/or addressed to the meeting with them, and (3) have all questions and/or concerns already prepared before attending.

SECTION V. BIDDING INSTRUCTIONS EXAMINATION of DOCUMENTS and REQUIREMENTS

1. Proposers are advised to carefully examine the RFP document and all related exhibits and attachments provided to familiarize themselves with all requirements prior to submitting a Proposal to ensure the Proposal meets the intent of this RFP.

2. Before submitting a Proposal, each Proposer shall be responsible for making all investigations and

examinations necessary to ascertain any conditions affecting the requirements of this RFP. Failure to make such investigations and examinations shall not relieve the Proposer from obligation to comply, in every detail, with all provisions and requirements of the RFP.


BID SUBMISSION INSTRUCTIONS

RFP submissions must be clearly identified on the outermost return envelope/packaging and received by the ‘Bid Opening’ date/time of 11:00 A.M., December 2, 2019, regardless if by mail, courier/delivery services, or hand delivered, at:

East Texas Council of Governments (ETCOG) Attn: Trish Hudspeth, CTPM

Procurement Services Department 3800 Stone Road, Kilgore, TX 75662

NOTICE: Email and facsimile submissions are not allowed and will not be accepted.

1. Proposers shall submit one (1) original hardcopy of the bid submission marked ‘Original’ along with five (5) hardcopies marked ‘Copy’ and submit one (1) electronic copy of the complete bid submission and any related bid documentation scanned or compiled into a single PDF document on a USB Flash Drive. Note: It is preferred proposers do not use 3-ring binders for submission of bids.

2. Proposal ages should be numbered and contain an organized, paginated table of contents

corresponding to the section and pages of the proposal. At least an eleven (11pt) point font of Calibri, Arial, or Times New Roman is acceptable and must be legible.

3. It is the Proposer’s sole responsibility to prepare, submit, and deliver or arrange delivery of the

RFP proposal(s) with all required exhibits and materials to the designated location on or before the published submittal deadline.

4. ETCOG will not bear liability for any costs incurred in the preparation and submission of proposals

in response to this RFP.

5. RFP submission deadline time will be determined by the ETCOG lobby clock.

6. Courier or delivery services may not deliver directly to the specified location; therefore, it is strongly recommended:

• Proposers should allow sufficient time for delivery of proposal prior to the published deadline to the location specified under Bid Submission Instructions, p. 12.

• Proposers understand failure to submit a proposal by the designated deadline, for whatever reason, may not be grounds for disputing the procurement solicitation process or any resulting subaward.

7. It is the Proposer’s sole responsibility to ensure any addenda or additional materials pertinent to the proposal be included in or with the RFP submission. ETCOG will not be held liable for missing addenda or materials at the time of the RFP Opening, and said addenda or additional materials may not be accepted past the RFP submission deadline date and time.

8. ETCOG reserves the right to discern ‘errors and omissions’ of non-material issues and discoveries

during the course of the RFP process and at their sole discretion, accept or reject.

PRINT: Company Name, RFP# CG-EHCS19R, December 2, 2019, 11:00 AM in bottom left-hand

corner of the outermost Return Envelope/Package


9. Proposers are advised to submit a complete proposal. Proposals not in compliance to RFP requirements, specifications, requested documentation, required signatures and markings addressed in this RFP will be considered incomplete and may lead to a proposal being deemed non-responsive, meaning that non-responsive proposals will not be considered.

RFP RETRIEVAL The RFP document, RFP updates, and additional RFP information or amendments will be posted on the ETCOG website and may be retrieved by clicking on ‘ETCOG Housing Contractor Services 2019 RFP’ at http://www.etcog.org/procurements. In addition, Proposers may request an RFP hardcopy by emailing their request to Trish Hudspeth at: [email protected]. PROPOSER COMMUNICATION Upon issuance of this RFP, unless otherwise noted, employees and representatives of ETCOG are not at liberty to answer questions or otherwise be contacted or approached at any time to discuss the RFP contents, potential competitors, or any other related information with any potential proposer or their representatives during an active RFP process. In addition, communication regarding this RFP with other potential proposers who may respond competitively, is prohibited. This restriction does not prohibit discussions between affected parties for the purpose of conducting business unrelated to this proposal. Failure to observe the above restriction may result in disqualification of a submitted proposal at any time during the entirety of this formal competitive proposal process.

QUESTIONS & RESPONSES

Questions - As referenced in Section IV., RFP Timeline Schedule, p. 11, Proposer questions are due by November 11, 2019. Proposer questions, requests and any inquiries for additional information regarding this RFP process must be emailed to Trish Hudspeth at: [email protected]. Verbal communications for clarification from ETCOG and program staff are not allowed and will not be addressed, no exceptions. Failure to follow this directive may result in rejection of proposal.

Responses: Proposers must go online at http://www.etcog.org/procurements and click on ‘ETCOG Housing New Construction 2019 RFP’ to retrieve responses to all questions asked, no earlier than November 14, 2019. Please Note: Proposers who email questions will not receive a personal response to their question(s) but must retrieve question responses online which is to the benefit of all Proposers. Therefore, it is the sole responsibility of Proposers to review the ETCOG website periodically for RFP responses to questions, RFP amendments or updates. SEALED PROPOSAL PROCESS

ETCOG reserves the right to a closed RFP process for proposal review/analysis and award recommendation procedures to the best interest of and best benefit to as well as ensure the best competitive environment for all parties, and in accordance to Texas Local Government Code:

Sec. 252.049. CONFIDENTIALITY OF INFORMATION IN BIDS OR PROPOSALS. (a) Trade secrets and confidential information in competitive sealed bids are not open for public inspection. (b) If provided

in a request for proposals, proposals shall be opened in a manner that avoids disclosure of the contents to competing Proposers and keeps the proposals secret during negotiations. All proposals are open for public inspection after the contract is awarded, but trade secrets and confidential information in the proposals are not open for public inspection.

http://www.etcog.org/procurements








http://www.statutes.legis.state.tx.us/SOTWDocs/LG/htm/LG.252.htm

http://www.statutes.legis.state.tx.us/SOTWDocs/LG/htm/LG.252.htm

http://www.statutes.legis.state.tx.us/StatutesByDate.aspx?code=GV&level=SE&value=252.049&date=6/26/2014



Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. In addition, and in accordance to Government Code, Chapter 552. Public Information:

Sec. 552.104. EXCEPTION: INFORMATION RELATED TO COMPETITION OR BIDDING. (a) Information is excerpted from the requirements of Section 552.021 if it is information that, if released, would give advantage to a competitor or bidder. (b) The requirement of Section 552.022 that a category of information listed under Section 552.022(a) is public information and not excepted from required disclosure under this chapter unless expressly confidential under law does not apply to information that is excepted from required disclosure under this section.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2001, 77th Leg., ch. 1272, Sec. 7.01, eff. June 15, 2001.

HUB BEST PRACTICES

Shall comply with Historically Underutilized Business (HUB) programs to ensure small, disadvantaged, minority, and women owned businesses are considered as sources for acquisitions whenever possible by:

1. Choosing the HUB organization in the case of tie bids; 2. Soliciting these businesses whenever they are potential sources; 3. When economically feasible, dividing total desired services into smaller components to permit

maximum participation by these businesses; 4. If the requirement permits, establishing delivery schedules that will encourage small,

disadvantaged, minority, and women’s businesses to participate; and 5. Using the services and assistance of the Small Business Administration or the Minority Business

Development Agency, as needed.

Proposer is encouraged to make a good faith effort to consider HUBs when subcontracting. Some methods for locating HUBs include:

1. Going online at: https://comptroller.texas.gov/purchasing/vendor/cmbl/ to utilize the Texas Comptroller of Public Accounts website;

2. Utilizing Web sites or other small, disadvantaged, minority, and women owned business directory listings maintained by local Chambers of Commerce;

3. Advertising subcontract work in local minority publications; and/or contacting the contracting state agency for assistance in locating available HUB listings.

Definitions

A Historically Underutilized Business (HUB) is defined as a business that is formed for making a profit and is otherwise a legally recognized business organization under the laws of the state of Texas. At least 51% of the assets and interest and/or classes of stock and equitable securities must be owned by one or more economically disadvantaged persons who are United States citizens born or naturalized. The following are recognized by the State of Texas as having been economically disadvantaged because of their identification as members of the qualifying groups - Asian Pacific Americans (AS), Black Americans (BL), Hispanic Americans (HI), Native Americans (NA), and American Women (WO). These individuals must demonstrate active participation in the control, operation, and

management of the daily business affairs of the company that is proportionate to their ownership interest. HUB businesses must have a permanent business office located in Texas where the majority HUB owner(s) makes the decisions, controls the daily operations of the organization, and participates in the business. Owners must be residents of the state of Texas and meet all other certification and compliance requirements. Out-of-state businesses are ineligible for state certification.



http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=GV&Value=552.021&Date=6/26/2014






https://comptroller.texas.gov/purchasing/vendor/cmbl/

https://comptroller.texas.gov/purchasing/vendor/cmbl/


Subcontract means a subaward entered between a prime subrecipient and a third party. The subcontract expressly provides all or a portion of the work specified in the prime subaward. A prime subrecipient's purchase of ancillary goods and services that support the direct provision of the subaward are excluded. Each HHS agency, at its option, specifies in the subaward what is and is not ancillary.

SECTION VI: PROPOSAL FORMAT INSTRUCTIONS ETCOG aspires to achieve as uniform a review process as possible to ensure the maximum degree of comparability among proposals. Therefore, before submitting a proposal, be sure all listed items indicated below are returned with submitted proposals and organized in the manner specified below:

➢ Title or Cover Page - List the RFP subject, the name of the proposer's firm, local address, telephone number, fax number, contact name and email address, and date.

➢ Table of Contents - Clearly identify the material by section and page number.

➢ Letter of Transmittal - Limit to one or two pages. 1. Briefly state the proposer's understanding of the service to be provided and make a positive

commitment to perform the work in a timely manner. 2. Give the names of the persons who will be authorized to make representations for the

proposer, their titles, addresses, fax numbers, email addresses, and telephone numbers.

➢ Proposal Requirements as identified in Section III., (p. 9)

➢ Required Forms to Return with Proposal (in specified order) 1. Attachment A – Proposer Bid Sheet 2. Attachment B – Offer and Submittal 3. Attachment C – References 4. Attachment D – Proposed Subcontractors 5. Attachment F – Affidavit of Ownership or Control 6. Attachment G – Anti-Collusion Statement 7. Attachment H – Bidder’s Statement of Residency 8. Attachment I – Debarment Certificate 9. Attachment J – Criminal History Criteria 10. Attachment L – Conflict of Interest Form (CIQ) 11. Attachment M – ETCOG Customer Service Creed 12. All RFP pages requiring initials, signatures, or checkmarks.

NOTE: Failure to return any of the above items in the order requested may result in a bid proposal being disqualified and treated as a no-bid.

SECTION VII. PROPOSAL OPENING

Proposals will be received until the deadline date and time designated for receipt. Public attendance is allowed; however, RFP procedure will be adhered to in accordance with non-disclosure mandates. Submitted proposals shall be opened in a manner that does not disclose the contents before a subaward is awarded. Only the names of the respondents who submitted proposals will be made public. Prices and terms will not be divulged until after an award has been finalized. ETCOG considers all information, documentation and other related submission materials to be confidential and/or proprietary before an award has received final approval.


1. Telephone, email, and facsimile proposals are not acceptable in response to this RFP. 2. All submitted proposals become the property of ETCOG after the RFP submittal deadline/opening

date. 3. Responses submitted shall constitute an offer for a period of ninety (90) calendar days or until a

preferred selection for award is approved by the governing body(s), whichever comes first. 4. All programs and employers under the auspices of ETCOG are in compliance with EEO.

Auxiliary aids and services are available, upon request, to individuals with disabilities.

SECTION VIII. EXCEPTIONS TO TERMS AND CONDITIONS All exceptions included with the Proposal shall be submitted in a clearly identified separate section of the Proposal in which the Proposer clearly cites the specific paragraphs within the RFP where the Exceptions occur. Any Exceptions not included in such a section shall be without force and effect in any resulting contract unless such Exception is specifically referenced by ETCOG Director and/or ETCOG Legal Counsel, or designee in a written statement. The Proposer’s preprinted or standard terms will not be considered by the ETCOG as a part of any resulting contract.

NOTE: All exceptions that are contained in a submitted proposal may negatively affect the ETCOG’s Proposal evaluation based on the evaluation criteria as stated in the RFP or result in possible rejection of Proposal.

SECTION IX. GENERAL PROPOSER RESPONSIBILITIES Contractor Responsibilities

Deliverables – In carrying out its services, General Contractor(s) may be required to prepare and provide ‘Deliverables’, including but not limited to licenses, permits, dump tickets, invoices, manufacturer warrantee/ guarantee certificates, submittals and other information. ETCOG reserves the right to reject any or all ‘Deliverables’ which, in the sole judgment of ETCOG:

1. Do not adequately represent the intended level of completion or standard of performance,

2. Do not include relevant information or data,

3. Do not comply with federal, state, local reporting requirements, or

4. Do not include all required documents:

a. specified in this RFP;

b. that are reasonably necessary for the purpose for which ETCOG made this RFP; or

c. for which ETCOG intends to use the Deliverables.

Meetings – ETCOG, or a designated representative’s request, the General Contractor(s) shall attend mandatory meetings with ETCOG, or other interested parties designated by the authorized ETCOG personnel to discuss progress of any work awarded to such General Contractor(s), or other matters relating to this RFP.


Inspection of Site – A construction contract bidder is expected to inspect the site of the work. No allowance will be made for any difficulties that may be encountered in executing the required work due to failure of the bidder to inspect the site. It is recommended that each construction contract bidder familiarize itself with all existing site conditions. The existing conditions of all adjacent properties and buildings, both private and public, and the public ways.

A successful bidder will be held responsible for any damage or alteration to such existing conditions of adjacent properties and buildings during the construction and/or demolition of a subject site. It is further recommended the successful bidder record by photograph the existing site condition prior to start of construction. Pre-bid conferences and pre-bid site inspections may be required for specific demolition projects and will be scheduled by ETCOG as required. Failure to attend such mandatory conferences or inspections may result in rejection of a construction contract bid.

Material Disposal

The General Contractor(s) shall be responsible for the legal disposal of all materials, construction debris, and other waste items. Hauling and disposal by a subcontractor does not relieve the General Contractor(s) from the responsibility of legal disposal. Disposal of all materials, construction debris, and other wasted shall be at a disposal site that is properly licensed and permitted to accept the materials, construction debris, and other wastes delivered to it in accordance with all applicable Federal, State, and Local laws.

The General Contractor(s) shall provide ETCOG or a designated representative with copies of all dump tickets, manifests, bills of lading, scale tickets, etc. When requested by ETCOG or a designated representative, the General Contractor(s) shall provide copies of all permits and/or licenses for the transfer station and/or landfill they are proposing. In the event the transfer station and/or landfill proposed for use by the General Contractor(s) does not possess the necessary permits and/or licenses to accept the materials, constitution debris, or other wastes, such General Contractor(s) will replace the transfer station and/or landfill submitted as part of their bid proposal at no additional cost to ETCOG. If the General Contractor(s) is found disposing of materials, construction debris, or other wastes at a site which is not in compliance with all applicable laws, such General Contractor(s) shall be responsible for all costs associated with the removal of the waste to a properly licensed/permitted landfill or disposal site at no additional cost to ETCOG.

The General Contractor(s) shall accept full responsibility for complying with all applicable Federal, State, ETCOG and other local governmental and agency’s laws, ordinances, rules, regulations and codes currently in effect and during work performance.

The General Contractor(s) shall notify the ETCOG and or a designated representative within twenty-four (24) hours of receipt, of any environmental problems, complaints, fines, citations, violations or issues, by any governmental body or regulatory agency against the contractor relating to the loading, hauling or disposal of materials, construction debris, and other wastes. Such General Contractor(s) will provide evidence to the Director or his/her designated representative that these problems and issues have been satisfactorily addressed.

The General Contractor(s) will supply notice of any community meetings, media involvement or media coverage related to the loading, hauling or disposal of materials, construction debris, and other wastes under this contract in which such General Contractor(s) are asked to participate.


Laws, Codes, & Safety Guidelines The General Contractor(s) shall comply with all laws, codes and safety guidelines applicable to the work being performed. For all laws, codes and safety guidelines cited here or elsewhere in specifications, the revision or edition in effect at the time of performance of the work shall apply. The laws, codes, and safety guidelines to be followed shall include, but are not limited to the following: Compliance with Environmental Laws – General Contractor(s) shall comply with all laws relating to environmental matters including, without limitation, those relating to fines, orders, injunctions, penalties, damages, contribution, cost recovery compensation, losses or injuries resulting from the release or threatened release of hazardous materials, special wastes or other contaminants into environment and to generation, use, storage, transportation, or illegal disposal of solid wastes, hazardous materials, special wastes or other contaminants including, without limitation, the Comprehensive Environmental Response and Compensation and Liability Act (42 US.C & 9602 et seq.), the Hazardous Material Transportation Act (49 U.SC. & 1801 et seq.) , the Resource Conservation and Recovery Act of 1976(42 USC. & 6901 et seq.), the Clean Water Act (33 U.S.C. & 1251 et seq.), the Clean Air Act (42 U.SC. & 7401 et seq.) The Toxic Substances Control Act of 1976 (15 U.S.C. & 2601 et seq.), the Safe Drinking Water Act (42 U.S.C. & 300f), the Occupational Safety and Health Act of 1970(29 U.S.C & 651 et seq.), the Emergency Planning and Community Right-to-know Act (42 U.S.C & 11001 et seq.), TCEQ (415 ILCS 5/1 through 5/56.6) and the Municipal Code of the appropriate county/city, each as amended or supplemented, and any analogous future or present local, state or Federal statutes, rules and regulation promulgated thereunder or pursuant thereto, and any other present or future law, ordinance, rule regulation, permit or permit condition, order or directive regulating, relating to or imposing liability or standards of conduct concerning any hazardous materials or by Federal government, any state or any political subdivision thereof, or any agency, court or body of the Federal government, any state or any political subdivision thereof, exercising executive, legislative, judicial, regulatory or administrative functions (collectively , “Environmental Laws”).

If any of the above laws require the General Contractor(s) to file any notice to report of a release or threatened release of hazardous materials or special wastes on, under or about any premises used by the General Contractor(s) to perform the services required hereunder, such General Contractor(s) shall provide a copy of such report or notice to the ETCOG. In the event of a release or threatened release of hazardous materials, special waste or other contaminants into the environment or in the event any claim, demand, action or notice is made against the General Contractor(s) regarding the General Contractor(s) failure or alleged failure to comply with any of the above Environmental Laws, the General Contractor(s) shall immediately notify the ETCOG in writing and shall provide the ETCOG with copies of any written claims, demands, notices or actions so made. Compliance with I-9/Immigration Laws – General Contractor(s) shall comply with immigration laws regulated with use of Form I-9 as referenced below: Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens. Both employees and employers (or authorized representatives of the employer) must complete the form. On the form, an employee must attest to his or her employment authorization. The employee must also present his or her employer with acceptable documents evidencing identity and employment authorization. The employer must examine the employment eligibility and identity document(s) an employee presents to determine whether the document(s) reasonably appear to be genuine and to


relate to the employee and record the document information on the Form I-9. The list of acceptable documents can be found on the last page of the form. Employers must retain Form I-9 for a designated period and make it available for inspection by authorized government officers. https://www.uscis.gov/i-9

Permits – The General Contractor(s) shall at their own expense and in its own name obtain and maintain all permits, licenses, vehicle stickers, certificates and licenses required by the ETCOG and/or other State or Federal requirements as may be necessary to legally perform its obligation.

The General Contractor(s) must show evidence of, and maintain all waste hauling, special waste hauling, disposal permits and insurance certificates issued by the applicable Federal, State, ETCOG and other local governmental body and agency’s laws, ordinances, rules, regulations and codes, including but not limited to, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, The Department of Transportation Regulations, the Hazardous Materials Transportation Act, the Clean Air Act, and the Clean Water Act, Texas Commission on Environmental Quality (TCEQ), the Municipal Code of the appropriate ETCOG or county in which the construction takes place.

SECTION X. EVALUATION AND AWARD

EVALUATION PROCEDURE

An evaluation committee made up of staff, outside evaluators, committee members, and/or other subject matter experts, as deemed necessary, shall evaluate proposals in accordance with the evaluation criteria provided herein, for best possible results. Upon completion of the evaluation, the committee may develop a short list of Proposer(s) meeting the technical competence and all other requirements. The shortlisted Proposer(s) may be scheduled for a structured oral presentation, demonstration, interview and negotiations. Following these ETCOG-to-Proposer(s)’ meetings, the evaluation team will summarize their findings and recalculate their scores, if needed. However, the evaluation committee reserves the right to issue letter(s) of clarification when deemed necessary to any or all Proposer(s). The oral presentations, demonstrations and/or interviews may be recorded and/or videotaped.

A. Interviews/Oral Presentations/Demonstrations

ETCOG reserves the right to request Proposer(s) to provide a final presentation and any corresponding handouts of submitted Proposal, if deemed necessary by ETCOG. No Proposer may attend presentations of any other Proposer. If necessary, Proposers may be scheduled for more than one presentation, demonstration, or interview.

B. Post-Proposal Discussions It is ETCOG’s intent to commence final negotiation with the Proposer(s) deemed most advantageous to ETCOG and programs served. ETCOG reserves the right to conduct post-Proposal discussions with any Proposer(s).

C. Selection Process

Upon review of all information provided by Proposers, the evaluation committee will make a recommendation for selection of proposals recommended for award to ETCOG officials. ETCOG reserves the right to check references on any projects performed by selected contractors, whether provided by the contractor or known otherwise by ETCOG. Selected Proposals shall be submitted for approval by the appropriate ETCOG officials. ETCOG intends to select the Proposal(s) that best meets

https://www.uscis.gov/i-9


the needs of ETCOG and that provides the best overall value. Upon approval of the selected Proposer(s), contracts shall be executed by the appropriate ETCOG officials with the selected Proposer(s).

D. Best and Final Offer (BAFO)

ETCOG reserves the right to request a Best and Final Offer from the finalist Proposer(s), if necessary. At a minimum, the Best and Final Offer would consist of submitting a final Fee Schedule with associated costs, and address any outstanding items previously identified during the evaluation of Proposals.

If ETCOG chooses to invoke a “required BAFO” option, Proposals shall then be re-evaluated by the evaluation committee. The BAFO shall include instructions, requirements, and a specified submission due date.

EVALUATION CRITERIA

Technical Competence/Requirements (100 Points) Extent to which proposed solution meet the needs of ETCOG including but not limited to the desired features, training program, and ease of use, as expressed in this RFP. 1. Financial Stability of the Proposer (Pass/Fail – if ‘Fail’ proposal is disqualified)

1.1 Current financial statement (in accordance with Financial Accounting Standards Board

regulations).

1.2 Demonstrated Performance and Payment Bonding capacity. 1.3 Financial Background.

2. Qualifications, capacity, and specialized experience (25 points) 2.1 Ability to successfully provide New Housing Construction services as evidenced by experience

on projects of similar scope and magnitude.

2.2 Ability maintain a high quality of services delivery under each awarded project.

2.3 Relevant permits, registrations and certifications.

2.4 Comprehensiveness of quality control program.

3. Price Proposal (25 Points)

5.1 THE PRICE PROPOSAL MUST BE SUBMITTED IN A SEPARATE SEALED ENVELOPE that is clearly marked with the RFP title and solicitation number and the label ‘Price Proposal’. Please describe how new constructions are performed by your company are typically priced.

4. Qualifications and requirements related to the Proposal (25 Points)

4.1 Quality of the detailed Proposal, including any proposed methodologies, designs and pricing.

a. Client references.


b. Experience complying with the Davis-Bacon Act and Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. Section 1701u).

c. Compliance with Criminal Background Checks and laws, regulations related to construction industry. Commitment to compliance prior to bidding on individual jobs and maintaining compliance throughout job performance.

5. Specialized Qualifications of key personnel (20 Points)

1.1 Key personnel must possess the capability to successfully implement the project as evidenced

by specialized experience in similar roles to those that will be needed to perform the work contemplated under this RFP.

6. HUB Participation (5 Points)

6.1 Aligned with the project scope

PROPOSAL EVALUATION – Submitted proposals will be evaluated using a predetermined point ranking method to ascertain which proposers best meet the needs of interests and responsibilities. In addition, ETCOG reserves the right to contact any source regarding, but not limited to, vendor reputation, product/service quality, work history, and/or past performance to evaluate/award the proposal(s) that best meets ETCOG needs and clients served.

NOTE: A composite grade will be given for the above criteria of 0-100. The ratings will be based on the qualifications provided in the proposal by the closing date/time of the RFP. ETCOG, if so chooses, may select more than one proposer to perform the services. In case . In case of a tie, a HUB Proposer will be selected. AWARD TERMS

ETCOG will review team evaluation award recommendation(s) and authorize contracts for construction upon approval by the ETCOG Executive Committee, TDHCA, and any other funding governing body deemed necessary.

AWARD NOTIFICATION

1. It is expected that a decision on the recommendation or the selection of the successful Proposer will be made on December 5, 2019. (date subject to change)

2. Notification of award results will be provided to all Proposers who submitted bid proposals.

CRITERIA TABLE POINTS

Financial Stability of Proposer (0 pts) – Proposal Disqualified if ‘Fail’

Qualifications, Capacity, and Specialized Experience 25

Price Proposal 25

Qualifications and Requirements Related to the Proposal 25

Specialized Qualifications of Key Personnel 20

HUB Participation 5

Total 100


3. In the event, negotiations with the Successful Proposer fail, then negotiations will commence with the next best qualified Proposer, and so on, until successful negotiations have been achieved.

APPEALS Proposals not selected for funding may be appealed only with respect to any fault or violation of law or regulation regarding the review process. Pursuant to protocol to advise of the right to appeal, a protest must be submitted to ETCOG’s Executive Director within ten (10) calendar days of the time the basis of the protest became known and said protest(s) limited to:

1. Violations of federal law or regulations; 2. Violations of State or local law under the jurisdiction of State or local authorities; and 3. Violations of ETCOG’s protest procedures for failing to review a complaint or protest.

The protest must be submitted in writing and must identify:

1. The protestor; 2. The solicitation being protested; and 3. Specifically identify the basis for the protest, providing all pertinent information regarding the

solicitation, contract and/or actions of ETCOG. An informal grievance hearing may be held at the request of the protestor. All interested parties must be given written notice of the date, time and place of the hearing and an opportunity to present evidence. The Executive Director will act as Hearing Officer and will meet with the protesting party to discuss their concerns and grounds for the protest. The hearing shall be audio recorded for record keeping. A written decision and notice of appeal rights will be provided to the protestor via certified return receipt mail and all other interested parties within three (3) days after the hearing. Should the protester not be satisfied with the results of the hearing, he/she should notify the Hearing Officer in writing within five (5) calendar days of the informal hearing. The Hearing Officer shall respond to the protester in writing via certified return receipt mail informing them of the date, time and place of a formal hearing. The formal hearing shall take place within fifteen (15) days of the date of the request for formal hearing. The Formal Hearing Committee shall make final determination of the appeal. Final recommendation by the Committee is to be made no more than sixty (60) days from the date of the formal hearing request. A written decision shall be submitted to the protester via certified return receipt mail.

SECTION XI. CONTRACT TERM AND METHOD OF PAYMENT

Payment terms are NET 30 at the time the invoice is received at [email protected] in the ETCOG Operations/Finance department. Payment method will be determined with successful proposer(s) during negotiations. NOTE: Any resulting contracts will be reimbursable contracts. ETCOG requires timely and accurate accounting and billing information: Invoice Submission – Upon completion of work and/or receipt of materials, General Contractor(s) will prepare and submit a payment request to ETCOG ‐ Operations/Finance at [email protected]. The payment request should include the following:






Contractor’s Request for Payment ‐ The Contractor’s Request for Payment will be signed by the building contractor, homeowner, and ETCOG inspection. ETCOG may conduct an administrative signing if the homeowner has been deemed non‐responsive. Purchase Order – A copy of the purchase order must be submitted with payment request Support Documentation ‐ Payment requests submitted to the ETCOG must include adequate support documentation. This is any sufficient documentation that demonstrates performance under the contract, completion of work, and/or supports reimbursement as required by designated program and construction type. Invoice – Construction invoices must be generated and include the following:

1. Contractor’s Name and Address 2. Contractor’s ETCOG Vendor Number 3. Purchase Order Number 4. Homeowner Name and Address 5. Homeowner Reference Number (if applicable) 6. Invoice number (unique and unduplicated) 7. Invoice date 8. Charges itemized accordingly per contracted scope of work 9. Quantity of itemized charges 10. Amount to be paid on current payment request

SECTION XII. ETCOG GENERAL TERMS & CONDITIONS

A. ETCOG reserves the right for any contract or service agreement resulting from the RFP to be contingent upon the continued availability of funding.

B. A response to this RFP does not commit or obligate ETCOG to award a contract nor to pay for any other costs incurred prior to the execution of a formal contract.

C. ETCOG reserves the right to cancel this RFP in part or in its entirety with no explanation required;

and, also reserves the right if only one proposal is received to accept, reject, re-solicit, and/or extend the RFP by up to two (2) additional weeks from original bid submission date if deemed warranted.

D. ETCOG reserves the right to accept, reject or negotiate proposals received; and, to select the proposal it considers in its best interest based upon the requirements and descriptions outlined in this RFP; as well as, to vary or waive any provisions set forth in this RFP in the best interests of ETCOG and programs served.

E. ETCOG reserves the right to require oral presentations by any or all firms. However, ETCOG may make a contract award without oral presentation and or discussion with firms after RFP responses are received by ETCOG. Therefore, RFP responses should be submitted on the most favorable terms.

F. ETCOG reserves the right to request additional information and/or meet with representatives from responding Proposers to discuss submitted proposal, before and after RFP submission, all of which may be used in forming a recommendation for award and/or negotiation of a contractual agreement.


G. ETCOG reserves the right to contact any individual, agency, or employer listed in a Proposer submission, and any others who may have experience and/or knowledge of the potential proposer’s relevant performance/qualifications. ETCOG also reserves the right to negotiate the final terms of any agreement or contract with the proposer.

H. ETCOG reserves the right to make such additional investigations, as it deems necessary to establish the competence and financial stability of any potential proposer submitting a proposal.

I. ETCOG reserves the right to hold proposals for 90 days from submission without action.

J. ETCOG reserves the right to extend beyond the original 90-day period prior to an award if agreed upon in writing by both parties.

K. ETCOG reserves the right to negotiate the final terms of any potential agreement or contract because of this RFP, to include but not limited to, the inclusion of the RFP and submitted proposal, and any essential clauses or certifications in this RFP. Proposal must have original signature of the person having the authority to bind the organization to a contract or it may be rejected for non-compliance.

L. If the execution of work to be performed by the Proposer requires hiring of subcontractors, it must clearly state this in the proposal. Subcontractors must be identified and the work they will perform must be defined. The proposal should provide the name, address, and Federal Employer Identification Number (FEIN) of the subcontractor. ETCOG will not refuse a proposal based upon the use of sub-contractors; however, retains the right to refuse the subcontractors the proposer selected.

M. Proposers who are partnering with other companies or agencies must list the names of all service providers or joint providers and the amount to be spent by each partner. All subawarded costs must be itemized in the budget so it is clear how the funds will be allocated and spent by each partner. Subawards may be written independently with each of the organizations.

N. If proposer seeks to form a legal joint venture using a corporate identity for the partnership, ETCOG will require the individual’s corporate partners to accept liability for funds.

O. ETCOG reserves the right to claim ownership of any proposal submitted in response to this RFP to be the property of ETCOG, and is not obligated to return proposal responses, binders or exhibits to Proposers. Proposer should not include proprietary information or trade secrets. Information submitted may be subject to disclosure under the Texas Public Information Act, it will be the responsibility of the Proposer to seek an exemption from disclosure and file any necessary documents with the Attorney General.

P. Conflict of interest is a serious issue. Proposers may not hire ETCOG management or support staff

that were involved in the evaluation and/or selection process under this proposal. Proposers must sign and submit the Conflict of Interest Form (CIQ). (Attachment J).

Q. All ETCOG programs and employers must comply with EEO. Auxiliary aids/services available, upon request.

R. Proposers are required to adhere to the principles as set forth in the ‘ETCOG Customer Service Creed’, Attachment M, p. 45, whenever communicating or conducting business with ETCOG staff, contractors, sub-contractors, customers, or anyone else related to conducting business with ETCOG. To do otherwise may result in vendor performance issues.


SECTION XIII. ESSENTIAL CLAUSES & CERTIFICATIONS The following forms must be completed, signed, and included with Proposer’s RFP and Proposer must also be in full agreement and compliance of general essential clauses. Failure to return any pages requiring Proposer signature may cause proposal to be null and void.

Davis-Bacon Act The Davis-Bacon and Related Acts, apply to contractors and subcontractors performing on federally funded or assisted contracts in excess of $2,000 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works. Davis-Bacon Act and Related Act contractors and subcontractors must pay their laborers and mechanics employed under the contract no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area. The Davis-Bacon Act directs the Department of Labor to determine such locally prevailing wage rates. The Davis-Bacon Act applies to contractors and subcontractors performing work on federal or District of Columbia contracts. The Davis-Bacon Act prevailing wage provisions apply to the “Related Acts,” under which federal agencies assist construction projects through grants, loans, loan guarantees, and insurance.

For prime contracts in excess of $100,000, contractors and subcontractors must also, under the provisions of the Contract Work Hours and Safety Standards Act, as amended, pay laborers and mechanics, including guards and watchmen, at least one and one-half times their regular rate of pay for all hours worked over 40 in a workweek. The overtime provisions of the Fair Labor Standards Act may also apply to DBA-covered contracts. Equal Opportunity (EEO) ETCOG is an equal opportunity employer. All programs under the auspices of the ETCOG are equal opportunity entities. Auxiliary aids and services are available upon request to individuals with disabilities. Equal Opportunity Employer/Program Deaf, hard of hearing or speech impaired customers may contact Relay Texas: 800-735-2989 (TD) and 711 (Voice). Contractor represents and warrants that it shall not discriminate against any person on the basis of race, color, national origin, creed, religion, political belief, sex, sexual orientation, age, and disability in the performance of this contract. Funding Out Funding is contingent upon the continued availability of funds as appropriated by state and/or federal sources. If funds become unavailable through lack of appropriations, legislative or executive budget cuts, amendment of the Appropriations Act, state agency consolidations, or any other disruption of current appropriations, CONTRACTOR will not hold liable ETCOG for payment or damages other than payment owed to CONTRACTOR for service already provided at the time of said notice. Drug-Free Workplace Proposer represents and warrants that it shall comply with the applicable provisions of the Drug-Free Work Place Act of 1988 (41 U.S.C. § 701 et seq.) and maintain a drug-free work environment. Liability for Property Damage Successful Proposer shall be liable for all damages to ETCOG or third party owned, leased, or occupied property and equipment caused by Proposer and its employees, agents, subcontractors, and suppliers, including delivery or cartage company, in connection with any performance pursuant to a contract as a result of this RFP. The Proposer shall notify ETCOG Contract Manager in writing of any such damage within one (1) calendar day.


Limitation on Authority; No Other Obligations Successful Proposer shall have no authority to act for or on behalf of ETCOG except as expressly provided for in a contract or agreement resulting from this RFP; no other authority, power, or use is granted or implied. Successful Proposer may not incur any debts, obligations, expenses, or liabilities of any kind on behalf of ETCOG. Liability for Taxes Successful Proposer represents and warrants that it shall pay all taxes or similar amounts from any contract or agreement resulting from this RFP, including, but not limited to, any federal, State, or local income, sales, or excise taxes of successful Proposer or its employees. ETCOG shall not be held liable for any taxes resulting from the Successful Proposer executing the performance of any contract or agreement. Abandonment or Default If the successful Proposer defaults on a contract resulting from this RFP, ETCOG reserves the right to cancel the contract without notice and either re-solicit or re-award the contract to the next best responsive and responsible respondent. The defaulting Proposer will not be considered in the re- solicitation and may not be considered in future solicitations for the same type of work, unless the specifications or scope of work significantly changed. The period of suspension will be determined by the agency based on the seriousness of the default.

Change Management The Successful Proposer agrees that key personnel assigned to any contract and/or service agreement resulting from this RFP shall remain available for the entirety of the project throughout the term of the Contract for the duration of said staff is employed by the Proposer. Furthermore, it is understood any resulting contract or agreement resulting from this RFP will contain the following language: “Should there be a change in ownership or company management, the contract shall be canceled unless an agreement is reached with the new owner or new manager to continue the contract with its present provisions and pricing. This contract is non-transferable by either party.”

Antitrust Neither Proposer nor firm, corporation, partnership, or institution represented by Proposer or anyone acting for such firm, corporation, or institution has (1) violated the antitrust laws of the State of Texas under Texas Business & Commerce Code, Chapter 15, or the federal antitrust laws; or (2) communicated the contents of this Proposal either directly or indirectly to any competitor or any other person engaged in the same line of business during the procurement process for this RFP. Conflict of Interest Questionnaire (CIQ) (Attachment J) Chapter 176 of the Texas Local Government Code requires vendors and consultants contracting or seeking to contract with ETCOG to file a conflict of interest questionnaire (CIQ) if they have an employment or other business relationship with an officer of ETCOG or ETCOG or an officer's close family member. The CIQ must be completed and filed with the proposal response if an employment or business relationship defined in the law exists. Buy Texas In accordance with Texas Government Code, Section 2155.4441, the State of Texas requires that during the performance of a contract for services, Contractor shall purchase products and materials produced in the State of Texas when available at a price and time comparable to products and materials produced outside the state.

http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2155.htm



Force Majeure Neither Proposer nor ETCOG shall be liable to the other for any delay in, or failure of performance, of any requirement included in a contract resulting from this RFP caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome. Each party must inform the other in writing, with proof of receipt, within three (3) business of the existence of such force majeure, or otherwise waive this right as a defense.

Texas State Sales and Use Tax Pursuant to § 2155.004, Government Code, a state agency may not accept a bid or award a grant to any individual not residing in this state or business entity not incorporated in or whose principal domicile is not in this state unless: the individual or business entity holds a permit issued by the comptroller to collect or remit all state and local sales and use taxes that become due and owing as a result of the individual's or entity's business in this state or certifies that it does not sell tangible personal property or services that are subject to the state and local sales and use tax. The undersigned (p. 29) authorized representative of the business entity being awarded a grant herein certifies that it (indicate the statement below that applies to your business entity): _______Holds a permit issued by the comptroller to collect or remit all state and local sales and use taxes that become due and owing as a result of the individual's, or _______Entity's business in this state; or does not sell tangible personal property or services that are subject to the state and local sales and use tax. Texas Corporate Franchise Taxes Pursuant to Article 2.45, Texas Business Corporation Act, State agencies may not award grants to for-profit corporations that are delinquent in making state franchise tax payments. The undersigned (p. 29) certifies the certification marked below applies to its business entity:

The entity is a non-profit corporation or is otherwise not subject to payment of franchise taxes to the State of Texas. The entity is a for-profit corporation and certifies that it is not delinquent in its franchise tax payments to the State of Texas.

Lobbying This certification is required by the Federal Regulations, implementing Section 1352 of the Program Fraud and Civil Remedies Act, Title 31 U.S. Code, for the Department of Agriculture (7 CFR Part 3018), Department of Labor (29 CFR Part 93), Department of Education (34 CFR Part 82), Department of Health and Human Services (45 CFR Part 93). The undersigned (p. 29) certifies that:

1. No federal appropriated funds have been paid or will be paid, by or on behalf of the

undersigned, to any person for influencing or attempting to influence an officer or employee




of Congress, or an employee of a Member of Congress in connection with the awarding of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, the extension, continuation, renewal, amendment, or modification of any federal grant award, grant, loan or cooperative agreement.

2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with this federal grant award, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award

documents for all sub awards at all tiers (including subgrant awards, subgrants, and grant awards under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly.

Debarment, Suspension, and Other Responsibility Matters This certification is required by the Federal Regulations, implementing Executive Order 12549, Government- wide Debarment and Suspension, for the Department of Agriculture (7 CFR Part 3017), Department of Labor (29 CFR Part 98), Department of Education (34 CFR Part 85), Department of Health and Human Services (45 CFR Part 76). The undersigned (p. 29) certifies that neither it nor its principals:

1. Are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or Agency;

2. Have not within a three-year period preceding this grant award 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 grant award under a public transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity with commission of any of the offenses enumerated in Paragraph (2) of this certification; and

4. Have not within a three-year period preceding this grant award had one or more public transactions terminated for cause or default.


SECTION XIV. SIGNATURE PAGE Acknowledgement of Essential Clauses and Certifications – The Essential Clauses and Certifications are a material representation of fact upon which reliance is placed when entering into any contract or agreement resulting from this RFP. The return of these required documents signed with original signatures by an authorized representative of Proposer are prerequisites for finalizing the award and must be returned with the proposal. Failure to do so may deem a proposal null and void, at the sole discretion of ETCOG and programs served. Where the undersigned Proposer is unable to certify to any of the statements above, a valid and just explanation must be attached, or proposal will be rejected. Affirmation of ETCOG Essential Clauses and Certifications - The undersigned certifies the indicated statements and essential clauses are true and correct and further understands that making a false statement and/or proclamation of compliance is a material breach of any subsequent award or service agreement and is grounds for award cancellation. PROPOSER SIGNATURE The undersigned hereby certifies the information contained in this proposal and any attachment is true and correct and an accurate representation of the proposed services to be provided and of the administration, management and financial capabilities and systems of this organization. And further hereby certifies and warrants that he/she has been fully authorized to execute this proposal on behalf of their firm and to legally bind the firm to all the RFP terms, performances, certifications and provisions as herein set forth to be part of any resulting contract or service agreement.

Company/Provider Name: _______________________________________________________________

Signature Date

Typed Name and Title of Authorized Representative


ATTACHMENT A ETCOG NEW CONSTRUCTION 2019 RFP

PROPOSER BID SHEET The following is a summary of all bids submitted for homes to be assisted using funds provided by ETCOG HOME Program:

Build Location Base Bid

3330 VZ CR 1910 Fruitvale, TX

The bid listed above are good for a period of __ ___ days from date of submission (minimum 120 calendar days).

BID PRICING BREAKDOWN

Pricing

Site Work (excluding Demolition) $

Foundation (slab up to 24”) $

Framing $

Masonry/Exterior Surface $

Plumbing-This amount should include a gas or electric water heater $

Electrical $

Doors and Windows $

Roofing $

Finishes $

Fixtures $

Mechanical-HVAC (This amount would be for a gas or electric heat pump unit) $

Appliances- Stove $ (price should be for gas or electric) & Refrigerator $ ( Energy Star)

$

Interior Surface $

Cabinets $

Paint – Interior & Exterior $

Insulation $

Flooring $

Flat Work including parking pad (22” x 13”), 36” wide sidewalk from parking pad, and finished to the street

$

Total Bid $


BID PRICING CONFIRMED by:

_________________________ ______ Signature and Date

Name, address, and telephone number of contractor submitting bid: PRINT NAME OF PERSON SIGNING BID COMPANY NAME ADDRESS CITY, STATE AND ZIP CODE


ATTACHMENT B OFFER AND SUBMITTAL

(must return with bid proposal) NOTE: PROPOSAL MUST BE SIGNED AND NOTARIZED BY AN AUTHORIZED REPRESENTATIVE(S) OF THE PROPOSER, WHICH MUST BE THE ACTUAL LEGAL ENTITY THAT WILL PERFORM THE CONTRACT IF AWARDED AND THE TOTAL FIXED PRICE CONTAINED THEREIN SHALL REMAIN FIRM FOR A PERIOD OF ONE-HUNDRED EIGHTY (180) DAYS. "THE RESPONDENT WARRANTS THAT NO PERSON OR SELLING AGENCY HAS BEEN EMPLOYED OR RETAINED TO SOLICIT OR SECURE THIS CONTRACT UPON AN AGREEMENT OR UNDERSTANDING FOR A COMMISSION, PERCENTAGE, BROKERAGE, OR CONTINGENT FEE, EXCEPTING BONA FIDE EMPLOYEES. FOR BREACH OR VIOLATION OF THIS WARRANTY, THE ETCOG SHALL HAVE THE RIGHT TO ANNUL THIS AGREEMENT WITHOUT LIABILITY OR, AT ITS DISCRETION, TO DEDUCT FROM THE CONTRACT PRICES OR CONSIDERATION, OR OTHERWISE RECOVER THE FULL AMOUNT OF SUCH COMMISSION, PERCENTAGE, BROKERAGE OR CONTINGENT FEE." Respectfully Submitted: _____________________________________________________________________________________ (Print or Type Name of Contractor – Full Company Name) Federal Identification Number: ___________________________________________________________ By: __________________________________________________________________________________ (Signature of Authorized Officer or Agent) Printed Name: _________________________________________________________________________

Title: _________________________________________________________________________

Date: _________________________________________________________________________

Address of Contractor: _________________________________________________________________ Street Address or P.O. Box ________________________________________________________________ ETCOG – State – Zip Code

Telephone No. of Contractor: (_____) ______________________________________________________

Signature, Name and title of Affiant: _______________________________________________________ _____________________________________________________________________________________ (Notary Public in and for) ____________________________________________________________________________ County, Texas My Commission Expires: ______________ day of _________________________________ 20_________


ATTACHMENT C

REFERENCES (must return with bid proposal)

1. Name: ___________________________________ Phone No.: ________________

Address: __________________________________________________________________

Contract Award Date: ________________ Contract Completion Date: _______________

Contract Name/Title: ________________________________________________________

Email: ________________________________________________________

Description: ___________________________________________________________________

______________________________________________________________________________

2. Name: ___________________________________ Phone No.: ________________

Address: __________________________________________________________________



Email: ________________________________________________________

Description: ___________________________________________________________________

______________________________________________________________________________

3. Name: ___________________________________ Phone No.: ________________

Address: __________________________________________________________________



Email: ________________________________________________________

Description: ___________________________________________________________________

______________________________________________________________________________

4. Name: ___________________________________ Phone No.: ________________

Address: __________________________________________________________________



Email: ________________________________________________________

Description: ___________________________________________________________________


ATTACHMENT D

LIST OF PROPOSED SUBCONTRACTORS (must return with bid proposal)

The following is a list of Subcontractors we propose to engage on the following items of Work. Any item of Work which does not designate a Subcontractor will be done by the firm submitting the Proposal.

SEGREGATED PART OF WORK SUBCONTRACTOR/SUPPLIER ________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________


ATTACHMENT E

CONTRACTOR OWNERSHIP DISCLOSURE ORDINANCE ETCOG requires knowledge of the identities of the owners of entities seeking to Contract with ETCOG in order to review their indebtedness to the appropriate ETCOG or county where construction is taking place prior to entering Contracts. Therefore, all respondents to this Request for Proposal must comply with any ETCOG or county ordinance codes as they pertain to the disclosure of owners of entities bidding on, proposing for, or receiving contracts. Provisions of this requirement are provided in part in the paragraphs that follow.

Contracting entity means a sole proprietorship, corporation, non-profit corporation, partnership, joint venture, limited liability company, or other entity that seeks to enter into a contract requiring approval by the Council but excluding governmental entities. A contracting entity must submit at the time of its Bid or Proposal, an affidavit listing the full names and the business and residence addresses of all persons owning five percent or more of a contracting entity or, where a contracting entity is a non-profit corporation, the full names and the business and residence addresses of all officers of the non-profit corporation. Completion of the "Affidavit of Ownership or Control," included herein, and submitted with the Official Bid or Proposal Form will satisfy this requirement. Failure to provide this information may be just cause for rejection of your Bid or Proposal.


ATTACHMENT F AFFIDAVIT OF OWNERSHIP OR CONTROL

(must return with bid proposal) ORIG. DEPT.: [DEPARTMENT]

FILE/I.D. NO.: [WBS NO.] INSTRUCTION: ENTITIES USING AN ASSUMED NAME SHOULD DISCLOSE THAT FACT TO AVOID REJECTION OF THIS AFFIDAVIT. THE FOLLOWING FORMAT IS RECOMMENDED: CORPORATE/LEGAL NAME DBA ASSUMED NAME. STATE OF §

§ AFFIDAVIT OF OWNERSHIP OR CONTROL COUNTY OF §

BEFORE ME, the undersigned authority, on this day personally appeared

[FULL NAME] (the “Affiant”),

[STATE TITLE/CAPACITY WITH CONTRACTING ENTITY] of

[CONTRACTING ENTITY’S

CORPORATE/LEGAL NAME] (”Contracting Entity”), who being by me duly sworn on oath stated as follows:

1. Affiant is authorized to give this affidavit and has personal knowledge of the facts and matters

herein stated. 2. Contracting Entity seeks to do business with the ETCOG in connection with

[DESCRIBE PROJECT OR MATTER] which is expected to be in an amount that exceeds $50,000. 3. The following information is submitted in connection with the proposal, submission or bid of

Contracting Entity in connection with the above described project or matter. 4. Contracting Entity is organized as a business entity as noted below (check box as applicable).

FOR PROFIT ENTITY: NON-PROFIT ENTITY:

[ ] SOLE PROPRIETORSHIP [ ] NON-PROFIT CORPORATION [ ] CORPORATION [ ] UNINCORPORATED ASSOCIATION [ ] PARTNERSHIP [ ] LIMITED PARTNERSHIP [ ] JOINT VENTURE [ ] LIMITED LIABILITY COMPANY [ ] OTHER (Specify type in space below)


5. The information shown below is true and correct for the Contracting Entity; and

6. All owners of 10% or more of the Contracting Entity and, where the Contracting Entity is a non profit entity, the required information has been shown for each officer, i.e., president, vice-president, secretary, treasurer, etc. [NOTE: IN ALL CASES, USE FULL NAMES, LOCAL BUSINESS AND RESIDENCE

ADDRESSES AND TELEPHONE NUMBERS. DO NOT USE POST OFFICE BOXES FOR ANY ADDRESS. INCLUSION OF E-MAIL ADDRESSES IS OPTIONAL BUT RECOMMENDED. ATTACH ADDITIONAL SHEETS AS NEEDED.]

CONTRACTING ENTITY

Name:

Business Address [NO./STREET]

[ETCOG/STATE/ZIP CODE]

Telephone Number (_____) Email Address [OPTIONAL] Residence Address [NO./STREET] _______


Telephone Number (_____) Email Address [OPTIONAL]

10% Owner(s) or More (IF NONE, STATE “NONE.”)

Name:

Business Address [NO./STREET] ______


Telephone Number (_____)

Email Address [OPTIONAL]

Residence Address [NO./STREET] _______


Telephone Number (_____)

Email Address [OPTIONAL]


7. Optional Information

Contracting Entity and/or [NAME OF OWNER OR NON-PROFIT OFFICER] is actively protesting, challenging or appealing the accuracy and/or amount of taxes levied against [CONTRACTING ENTITY, OWNER OR NON-PROFIT OFFICER] as follows:

Name of Debtor: Tax Account Nos. Case or File Nos. Attorney/Agent Name Attorney/Agent Phone No. (_____) Tax Years

Status of Appeal [DESCRIBE]

Affiant certifies that he or she is duly authorized to submit the above information on behalf of the Contracting Entity, that Affiant is associated with the Contracting Entity in the capacity noted above and has personal knowledge of the accuracy of the information provided herein, and that the information provided herein is true and correct to the best of Affiant’s knowledge and belief.

Affiant

SWORN TO AND SUBSCRIBED before me this day of , 20 . (Seal)

Notary Public

NOTE: This affidavit constitutes a government record as defined by Section 37.01 of the Texas Penal Code. Submission of a false government record is punishable as provided in Section 37.10 of the Texas Penal Code. Attach additional pages if needed to supply the required names and addresses.

http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.37.htm

http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.37.htm


ATTACHMENT G

ANTI-COLLUSION STATEMENT (must return with bid proposal)

Anti-Collusion Statement

The undersigned, as Proposer, certifies that the only person or parties interested in this Proposal as

principals are those named herein; that the Proposer has not, either directly or indirectly entered into

any Agreement, participated in any collusion, or otherwise taken any action in restraint of free

competitive bidding in connection with the award of this Contract.

__________________________ __________________________________ Date Proposer Signature


ATTACHMENT H

BIDDER’S STATEMENT OF RESIDENCY (must return with bid proposal)

ETCOG may not award a contract for general construction, services, or purchases to a Nonresident Bidder unless Nonresident's Bid is lower than the lowest Bid submitted by a responsible Texas Resident Bidder by the same amount that a Texas Resident bidder would be required to underbid the Nonresident Bidder to obtain a comparable contract in the state in which Nonresident's principle place of business is located. 1. This certifies that the Bidder, , is a State of

Texas Resident Bidder as defined in TEX. GOVT. CODE ANN. § 2252.001(4) (Vernon 2016).

Signature Title

"Texas Resident Bidder" means a bidder whose principal place of business is in this State and includes a Contractor whose ultimate parent company or majority owner has its principal place of business in this State. When bidder cannot sign 1, above, proceed to 2. 2. a. is a resident of and is a Nonresident

Bidder as defined in TEX. GOVT. CODE ANN. § 2252.001(3) (Vernon 2016).

Signature Title

"Nonresident Bidder" means a bidder whose principal place of business is not in this State, but exclude a contractor whose ultimate parent company or majority owner has its principal place of business in this State.

b. The State of , [does/does not] have a state statute giving preference to

resident bidders.

Signature Title If the answer to 2.b is that your state does have a statute giving preference to resident bidders, then you must provide a copy and proceed to 3.

3. A copy of the State of statute is attached.

Signature Title

Date


ATTACHMENT I

DEBARMENT CERTIFICATE (must return with bid proposal)

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS

The undersigned certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or

voluntarily excluded from covered transactions by any Federal, State or local department or agency;

(b) Have not within a three (3) year period preceding this proposal 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, 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

(Federal, State or local) with commission of any of the offenses enumerated in Paragraph (b) of this certification; and

(d) Have not within a three (3) year period preceding this application/proposal had one or more

public transactions (Federal, State or local) terminated for cause or default. I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to $10,000.00 or imprisonment for up to five (5) years, or both. ___________________________________ Type Name & Title of Authorized Representative ____________________________________ Signature of Authorized Representative ____________________________________ Date

I am unable to certify to the above statements. My explanation is attached.


ATTACHMENT J

CRIMINAL HISTORY CRITERIA

Contractors must comply and acknowledge that a conviction or deferred adjudication for one of the following offenses will result in permanent disqualification of a contractor from eligibility to provide contractual services with ETCOG: (1) Any act causing death as defined in the Texas Penal Code; and

(2) Any felony or misdemeanor involving arson, burglary, breach of computer security, credit

card abuse, counterfeiting, forgery, kidnapping, robbery, stalking, terroristic threat, theft, and any sexual offense designated as a felony in the Texas Penal Code.

(3) Additionally, anyone who has a current duty to register as a sex offender, is under

indictment or is a fugitive from justice is disqualified.

(4) Individuals who have a conviction or deferred adjudication for felonies not enumerated above

(5) Individuals who have class A or B misdemeanors as described in the Texas Penal Code, 10

years must have passed from the time of disposition or discharge of probation in order for that individual to be eligible to provide contractual services under this agreement.

(6) Individuals who have a Class C misdemeanor conviction or deferred adjudication for

misdemeanors not enumerated above, and as defined in the Texas Penal Code, five (5) years must have passed from the time of disposition or discharge of probation in order for that individual to be eligible to provide contractual services with ETCOG. A Class C misdemeanor is defined in the Texas Penal Code.

AFFIRMATION SIGNATURE

I the undersigned, acknowledge and affirm the Contractor, contractor employees, and subcontractor(s) have no convictions or deferred adjudications for any of the above offenses and further affirm to this declaration knowing full well that if any of the above offenses currently apply, or apply at any time during the course of any contract resulting from this bid will result in permanent disqualification and eligibility to provide contractual services with ETCOG.

Contractor Signature


ATTACHMENT K

CONFLICT OF INTEREST QUESTIONNAIRE INSTRUCTIONS CONFLICT OF INTEREST QUESTIONNAIRE: Chapter 176.006 of the Local Government Code (“the code”) requires a Vendor/Contractor to file a Conflict of Interest Questionnaire (CIQ) with the ETCOG. NOTE: Vendors/Contractors or Agents should not complete the CIQ if a conflict, as described below, does not exist. Only Vendors/Contractors or Agents that actually have a conflict, as described below, must file a CIQ. Who must file a CIQ? A Vendor/Contractor or Agent of a Vendor/Contractor does not have to file a CIQ unless they intend to enter or is considering entering into a contract with the ETCOG or:

1. Has an employment or other business relationship with the Local Government Officer/Family Member; or

2. Has given the Local Government Officer/Family Member one or more gifts with the aggregate value exceeding $250.00.

When must the Vendor/Contractor or Agent file a CIQ? The completed CIQ must be filed with the ETCOG Purchasing Agent not later than the 7th business day after the date the Vendor/Contractor or Agent:

1. Begins discussions or negotiations to enter into a contract with the ETCOG; 2. Submits an application to the ETCOG in response to a request for proposals or bids,

correspondence, or any other writing related to a potential contract with the ETCOG; 3. Becomes aware of an employment or other business relations with the Local Government

Officer/Family Member; 4. Becomes aware that he/she has given one or more gifts to the Local Government Officer/Family

Member that exceeds $250.00; or 5. An event that would make the CIQ incomplete or inaccurate.

What is a business relationship? Under Chapter 176, business relationship means a connection between two or more parties based on the commercial activity of one of the parties. The term does not include:

1. A transaction that is subject to a rate or fee regulation by a governmental entity; 2. A transaction conducted at a price and subject to terms available to the public; or 3. A purchase or lease of goods or services from a person who is chartered by a state or federal

agency and is subject to regular examination and reporting to that agency. The Conflict of Interest Questionnaire is available for downloading from the Texas Ethics Commission’s website at http://www.ethics.state.tx.us/forms/CIQ.pdf . Vendors and Contractors required to file shall include a copy of the form as part of the BID/Proposal package. Any questions about filling out this form should be directed to your attorney.

http://www.ethics.state.tx.us/forms/CIQ.pdf

http://www.ethics.state.tx.us/forms/CIQ.pdf


ATTACHMENT L (must return with bid proposal)


ATTACHMENT M

Signature Date