01. Notice to Bidders for BVB 413-26.pdf

CITY OF AMARILLO

PROJECT SPECIFICATIONS

CONTRACT AND BIDDING DOCUMENTS FOR

BEST VALUE BID

FY 25/26 STREET MILL & OVERLAY PRJ-0000156

FOR

THE CITY OF AMARILLO, TEXAS

Bid No. BVB 413-26 KD

Bid Closing:

June 11, 2026 @3:00 PM

BVB 413-26 KD

REQUEST FOR BEST VALUE BID

FOR BID NO. BVB 413-26 KD

FY 25/26 STREET MILL & OVERLAY PRJ-0000156

Introduction

The City of Amarillo (City) is soliciting a Request for Bid from respondents who are interested in and qualified for FY 25/26 Street Mill & Overlay PRJ-0000156. It is the intent of the City to award this bid based on the Bidder that can provide the goods or services at the Best Value to the City of Amarillo. The instructions for the Best Value Bid begin on page fourteen of this bid and are included in the Instructions for Best Value Bid section. For more information about the City of Amarillo, visit www.amarillo.gov

1. Bid Due Date and Delivery Location

1.1. Proposers may submit proposals electronically by uploading required documents at the City of Amarillo’s partner’s website, Euna Procurement. This is for your convenience in submitting an offer for the specified services.

1.2. Proposals will be opened via teleconference as shown below at 3:00 PM on June 11, 2026, or as changed by the issuance of formal addenda to all plan holders, to furnish all labor and materials and perform all work for the construction of the above referenced.

1.3. After the expiration of the time and date above first written, said sealed proposals will be opened at the scheduled location per the bid documents and publicly read aloud. Bids will be opened via teleconference if date/time stamped on or before the deadline stated. The Microsoft Teams meeting information is as follows:

Website: BVB 413-26 KD Bid Closing, FY 25/26 Street Mill & Overlay PRJ-0000156 | Join meeting in Teams | Microsoft Teams

Meeting ID: 213 053 660 497 350 Passcode: ez2JH2VP

1.4. Proposals may be withdrawn prior to the above scheduled time set for closing. Alteration made before BVB closing must be initialed by offeror guaranteeing authenticity.

1.5. Please allow time to upload required documentation. 24 hours in advance is recommended.

1.6. Proposers are required, whether or not a payment or performance bond is required, to submit a copy of their proposal bond from a reliable surety company, payable without recourse to the order of the City of Amarillo in an amount not less than 5% of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract and http://www.amarillo.gov/ https://teams.microsoft.com/meet/213053660497350?p=CDJlk2qo9gloH7xphA https://teams.microsoft.com/meet/213053660497350?p=CDJlk2qo9gloH7xphA execute all necessary bonds within ten (10) business days after notice of award of the contract to the Offeror. A copy of your proposal bond can be included with your proposal at the time of submission in Euna Procurement.

1.7. Failure of the offeror to include proposal security with the proposal submittal shall constitute a non-responsive proposal and result in disqualification of the proposal submittal.

1.8. Plans and specifications can be viewed online and downloaded from City of Amarillo

(bonfirehub.com) at no cost. In the event of a large file size, please be patient when downloading or viewing. Businesses without internet access may use computers available at most public libraries.

1.9. It shall be each offeror’s sole responsibility to inspect the site of the work and to inform offeror regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the proposal submitted.

1.10. Attention of each offeror is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Department of the City of Amarillo, which document is specifically referred to in this notice to Proposers. Each Proposers attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale.

1.11. The City of Amarillo hereby notifies all Proposers that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award.

2. General Conditions

Legal Addresses All notices, letters, and other communications to the respondent will be mailed, faxed, emailed or delivered to the respondent's business address, fax number or email address listed in your response. The bidder may change the address or contact information at any time by notice in writing to the City.

3. Confidential or Proprietary Information If you consider any portion of your response to be confidential and/or proprietary and that disclosure of its contents to competitors would cause you substantial competitive harm, you must clearly identify those portions of your response by putting the term CONFIDENTIAL OR PROPRIETARY in bold letters on the applicable page(s). The City will attempt to protect the identified portions from disclosure to the extent possible under the law. You will be given notice of any request for disclosure of the identified information and given the opportunity to support your claim of confidentiality before the Texas Attorney General.

5. Cancellation

The Bid may be cancelled (in part or in its entirety) at any time with written notice by the City.

6. Disputes In case of any doubt or difference of opinion as to the services and deliverables herein, the decisions of the City shall be final and binding on both parties. The laws of the State of Texas will govern interpretation and performance of the obligations imposed on the parties pursuant to this order. Further, the successful respondent agrees that the courts of the State of Texas shall have jurisdiction over the successful respondent with respect to any action brought by the City relating to the performance of the respondent’s obligation hereunder. Venue and jurisdiction of any suit, right or cause of action arising under or in connection with these specifications, shall lie exclusively in Potter County, Texas.

7. Evaluation Of Proposals

After the responses are opened on the established date and time, they will be reviewed for responsiveness. In order for a proposal to be considered responsive, it must conform to all the substantial material terms and conditions required in the proposal. A response that does not conform to all the substantial material terms and conditions in the proposal will be declared non-responsive and will not be further evaluated.

Responses will undergo an evaluation process conducted by Senior members of management of the City of Amarillo. The vendor selected for award will be chosen on the basis of the best value responses to the City. The committee will evaluate the responses based upon the following evaluation criteria and scoring matrix:

(a) the purchase price;

(b) the reputation of the bidder and of the bidder's goods or services;

(c) the quality of the bidder's goods or services;

(d) the bidder's past relationship with the municipality;

(e) any relevant criteria specifically listed in the request for bids or proposals.

The Maximum Point value is equal to 100 points. The weight factor is 60 points for Price, and 40 points for Bidder Qualifications.

8. Evaluation Criteria

This bid will be awarded to the bidder who provides goods or services at the best value for the City.

The following scoring will be used to evaluate each proposer’s response to the Bid. Points to be awarded based on requested information provided by the vendor including pricing, qualification information provided with the bid, construction time, safety record questionnaire or any other pertinent information the vendor would like the City to consider. Vendor must include a description of why any additional information is pertinent.

60 POINTS PRICE: The quality of Bidders is not judged solely by a low initial cost proposal or, conversely, eliminated solely because of a high initial cost proposal.

40 POINTS BIDDERS QUALIFICATIONS: When evaluating a Bidder’s qualifications, the City uses the “Bidder’s Statement of Qualifications” and any past experience with the Bidder. The “Bidder’s Statement of Qualifications” is a minimum, and you may provide additional pertinent information relevant to the project for which you are submitting this proposal. Evaluation of the Bidder’s qualifications shall be based on the following:

(a.) The reputation of the bidder and of the bidder's goods or services:

a.1 The character, integrity, reputation, judgment, experience, and efficiency of the bidder.

(5 points)

(b.) The quality of the bidder's goods or services:

b.1 The quality of performance of previous contracts or services. (10 points)

(c.) The bidder's past relationship with the municipality. (4 points)

(d.) Any relevant criteria specifically listed in the request for bids or proposals:

d.1 The ability, capacity, skill, and financial resources to perform the work or provide the service required. (5 points) d.2 The ability of the Bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (8 points) d.3 The experience and qualifications of key project personnel. (8points)

9. Debarment Certification Respondent will be required to certify that neither it nor its principals are currently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in the Contract resulting from these specifications by any federal department or agency. A ‘No Award to Debarred or Suspended Vendor’s Assurance’ form is attached

10. Description of Work:

These specifications and accompanying drawings are for the FY 25/26 Street Mill & Overlay in Amarillo, Texas.

A. This bid is to be awarded as one lot.

B. The bidder will provide all the work, superintendence, labor, tools, equipment, machinery and apparatus and whatever else may be necessary to complete the project as stated in this bid. The Contractor will be supplying all materials, equipment and labor.

C. The estimated budget for the project is $6,442,000.00

D. In case of discrepancy between unit price and the extension, the unit price will be taken.

E. The successful vendor will not start work until Notice to Proceed Letter from the City of

Amarillo is issued. After the bid has been awarded by the governing body, the Purchasing Department will send the awarded contractor a Notice of Award. Upon receipt of this notice, the vendor will have 10 calendar days to provide the Purchasing Department with all of the bonds, insurance, signed contracts and any other documentation that is required by the terms and conditions of the bid. The Contracts must be signed by the City, insurance and bonds must be approved and all other conditions required by the terms and conditions of the bid, such as a required pre- construction conference must also be met before the Notice to Proceed Letter can be issued.

F. This is a Best Value bid as described in the attached documents.

G. Effective January 1, 2016 The Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties (Form 1295) to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The Texas Ethics Commission has adopted rules requiring the business entity to file form 1295 electronically with the Commission. Before the City of Amarillo will enter into a binding agreement with a business, that said business must submit form 1295. The said business must go to www.ethics.state.tx.us to file Reports Electronically. Once the said business has filed the report electronically the said business will print a copy of the form and submit back to the City with the signed copy of the contracts. Once the City has received the copy of the submitted form 1295 and acknowledged the form on the Texas Ethics Commission website the City will execute the contract.

H. A person authorized to bind the company in a contract must sign all bid documents in the appropriate places. Incomplete or unsigned bids are non-responsive and will not be considered.

http://www.ethics.state.tx.us/

I. Bidders must acknowledge receipt of addendums. All addendums must be acknowledged where indicated in Amarillo’s Bidding Platform, Euna Procurement.

J. All bids submitted must remain valid for a minimum of one hundred twenty (120) days. Bid validity may be extended beyond one hundred twenty (120) days through mutual consent of the City and the bidder in writing.

K. All bidders are highly encouraged to submit their bids via Euna Procurement. We also require that all Requested Documents be included at the time of submission; bids submitted via other methods may experience significant delays.

L. BID SECURITY: For all contracts above $50,000.00, bidders must submit cashier's or certified check issued by a bank satisfactory to the Owner or an original bid bond from a surety company that is licensed and active in the State of Texas, to act as surety, payable without recourse to the order of the City of Amarillo, Texas in an amount not less than five percent (5%) of the bidder's total bid submitted as a guaranty that the bidder will enter into an agreement, execute required bonds and guaranty in the forms provided and provide required Certificate of Insurance within ten (10) calendar days after Notice of Award of Contract to him. Copy of the original bid security must be uploaded into Euna Procurement with all other bid documents. Bids without required check or bid bond are considered non-responsive and will not be considered. A separate bid security is required for each proposal submitted. Copy of the bond must be uploaded into Euna Procurement during time of bid submission in the allocated space.

Checks posted by unsuccessful bidders will be returned after the Standard Form of Agreement has been properly executed by the awarded bidder. Checks will be returned by certified mail or may be picked up by a properly identified person after signing a receipt.

11. City of Amarillo Prevailing Wage Requirement This project will be governed by the City of Amarillo Prevailing Wage Rates which are included in the bid documents.

1. Vendor Qualifications After the bids have opened and the apparent low bidder has been identified. The low bidder, in order to document and prove that they are also the “low responsible bidder” shall provide to the Purchasing Agent any requested information and documentation.

2. Indemnification Contractor shall indemnify and hold harmless City and its officers, employees, agents, successors, and assigns from and against all claims, demands, suits, judgments, damages of every kind and type (bodily injury, death, property loss or destruction), attorney fees, costs, and interest that arise out of or relate to acts or omissions of Contractor or Contractor’s officers, agents, employees, or subcontractors in the course of performing the contract.

3. Questions, Clarifications and Correspondence:

3.1 It is the intent and purpose of the City of Amarillo that this request permits competitive proposals.

It shall be the Proposers responsibility to advise the Director of Purchasing if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this BVB to a single source. Such notification must be submitted via Euna Procurement and must be received by the Purchasing Department no later than ten (10) calendar days before the proposal closing date. A review of such notifications will be made.

3.2 No Offeror shall request any information verbally. All requests for additional information or clarification concerning this best value bid (BVB) must be submitted no later than ten (10) calendar days prior to the proposal closing date via bidding portal:

Website: City of Amarillo (bonfirehub.com)

4. Indebtedness To The City of Amarillo:

Per city ordinance no. 6706, the City of Amarillo will not award a bid or contract to vendors who are delinquent in the indebtedness to this city.

5. Conflict of Interest Reporting:

Per the terms of Chapter 176 of the Local Government Code, should any vendor be awarded all or any part of the goods or services on which this Bid or Proposal solicits a return, then it is the vendor’s sole responsibility to provide the City of Amarillo, with an updated Conflict of Interest Questionnaire, Form CIQ.

The vendor must file the updated form within 7 days after learning that a prior filing (if any) is no longer accurate. This form and the names of the City Council Members, Mayor, City Manager, Deputy City Manager and Assistant City Managers is available on the City’s website located at www.amarillo.gov

6. Bidder's Knowledge of Conditions:

Prior to submission of any proposals, each bidder shall have made a thorough inspection of each site of the work, and to have read and made a thorough examination of the plans, standard specifications, and project specifications. Each bidder shall become informed as to the nature of the work, labor conditions, and other matters that may affect the cost and time of completion of the work. The failure or omission of any bidder to examine any form, instrument or document shall in no way relieve any bidder from any obligation in respect to his bid.

7. Specific Performance:

This contract will require specific performance on all criteria as stated in your proposal. All specifications as written unless specifically taken exception to by you, and that exception accepted by the City will be strictly adhered to. Any unauthorized substitution or substandard products or construction will not be tolerated.

8. Performance and Payment Bonds:

For all contracts in excess of $50,000.00, the bidder must furnish a Payment Bond. For all contracts in excess of $100,000.00, the bidder must furnish a Performance Bond. Each bond must be in the amount of one hundred (100%) percent of the total contract price from a surety company, that is licensed and active in the State of Texas, to act as surety. The bonds shall cover the faithful performance of the contract and the payment of all obligations arising in the form the owner prescribes and with such securities as the owner may approve. The period of the performance bond shall extend one year from the date of acceptance of all work performed under the contract. The contractor shall pay the premium for the required bonds.

Contractor shall use forms provided for payment and performance bonds. Do not date bonds.

On contracts without payment and performance bonds, no payment will be made until all the work is satisfactorily completed and accepted by the engineer. Contractor will not be paid until the contractor submits an affidavit to owner that all bills for labor and materials related to the work have been paid.

9. Maintenance Bond Contractor shall provide a bond on the Owner’s standard one-year maintenance bond form, providing for Contractor’s correction, replacement, or restoration of any portion of the Work which is found to be not in compliance with requirements of the Contract during period following Final Completion of the completed Project. Do not date bond. Refer to Article 12. Warranty & Guarantee in the General Requirements for full details.

10. Non-Texas Resident Bidders:

The City of Amarillo may not award a contract for general construction, improvements, services, or public works projects or purchases of supplies, materials, or equipment to a nonresident bidder unless the 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 a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. This subsection does not apply to a contract involving federal funds.

11. Acceptance Or Rejection of Bids/Proposals:

The City of Amarillo reserves the right to accept or reject any or all bids/proposals or parts of bids/proposals and to waive any formalities and technicalities and to accept the bid/proposal most advantageous to the City. Certain projects do require longer time periods from bid date to award. These projects will be dutifully noted in their bid books.

12. Contract Document Requirements:

The Contractor shall provide the Purchasing Department with all documentation necessary for the processing of the contract documents within ten (10) calendar days of the Notice of Award. Necessary documentation shall include, and not be limited to, proper insurance certificates, contractor's statement of materials and other charges, and bonds. After all necessary documentation is received; the project contract will be executed.

13. Tax Exemption:

Materials, which are incorporated into or become part of the project(s), are exempt from sales tax. The successful low bidder that is awarded the contract shall separate the total cost for the incorporated materials from all other cost for each project and include those amounts in the spaces provided on each project sheet provided with the agreement. The sum of the cost of materials and other cost must equal the total price bid for each project. The contract issued by the City of Amarillo shall include those separate amounts for each project. The Contractor shall execute the City of Amarillo exemption certificate for materials that will only become part of each project in the bid book. The contractor shall issue a resale certificate instead of paying the sales tax at the time of purchase.

14. Preconstruction Conference:

A mandatory pre-construction conference with the issuing Department project manager, Contractor, affected City Departments, and franchised utilities will be held as soon as possible after the project contracts have been executed. The Notice To Proceed shall not be issued until the pre-construction conference has been completed.

15. City Excluded Parties List:

Please note the City’s Excluded Parties List attached and submit your bid accordingly.

16. Explanation of Drawings and Specifications:

16.1. Scope: These specifications with the accompanying drawings are intended to describe and illustrate all material, labor and equipment necessary to construct the work named in this project as described in this Section, Item 1.

16.2. Specification Format: In many cases, the specifications, as written, are of abbreviated or short form type and include incomplete sentences. Omission of words or phrases such as “The Contractor shall”, “in conformity therewith”, “shall be”, “as noted on drawings”, “A”, “an”, “the”, and “all” are intentional. Omitted words and phrases shall be supplied by inference.

16.3. Correlation of Drawings and Specifications: In general, the drawings will indicate dimensions, positions, and kind of construction. Any work indicated on the drawings and not mentioned in the specifications, or vice versa, shall be furnished as though fully set forth in both. Work not particularly detailed, marked, or specified shall be the same as similar parts that are detailed, marked, or specified.

16.4. Errors: Should an error appear in the drawings or specifications, or in the work done by others affecting this work, the contractor shall notify the Architect/Engineer at once, and the Architect/Engineer will issue instructions as to procedure. If the contractor proceeds with the work so affected without instructions from the Architect/Engineer, he shall make any good resulting damage or defect. This includes typographical errors in the specifications, and notational errors on the drawings where doubtful of interpretation.

17. Owners Designated Representative (ODR) See General Conditions, Articles 1.15 and 3.1.2.

18. Supervision See General Conditions, Articles 1.25 and 1.26.

19. General Conditions:

Where any article of the General Conditions is supplemented hereby, the Provisions of such articles shall remain in effect. All supplemental provisions shall be considered as added thereto. Any such article is amended, voided, or superseded by provision on these Special Conditions, the provisions of such General Conditions articles not so specifically amended, voided, or superseded shall remain in effect.

20. Liens:

It is distinctly understood that by virtue of this contract, no mechanic, contractor, material man, artisan or laborer, whether skilled or unskilled, shall ever in any manner have claim or acquire any lien upon the building or buildings, or any of the improvements of whatever nature or kinds so erected or to be erected by virtue of this contract, nor upon any of the land on which said building or any of the improvements are so erected, built or situated, except as set forth in the McGregor Act as amended by the Act of the 56th Legislature, 1959.

21. Contract Form:

The “Standard Form of Agreement, of Amarillo, Texas”, for use in a contract of stipulated sum. All other documents including the original bid package together with all bid addendums and clarifications and the successful bidders bid documents will be included by reference.

22. Utilities:

The contractor will be solely responsible for all utilities furnished to the worksite that are required for construction purposes.

23. Affidavit and Consent Surety:

Before final payment is made, the contractor shall provide the owner with the following:

An affidavit that all payrolls, bills of materials and equipment, and other indebtedness connected with the work, have been paid or otherwise satisfied.

Consent of Surety to final payment is required.

24. Project Sign:

The only sign to be erected on the site shall be the project sign designed and approved by the ODR.

25. SDS Sheets The contractor is responsible for providing and distributing SDS sheets.