01 ES-01-27 RFB Sealcoat 2027.pdf

SUBMITTAL DEADLINE: AVAILABLE ON CITY OF SAN ANGELO - BONFIRE

CITY OF SAN ANGELO • PURCHASING DIVISION • 72 WEST COLLEGE AVENUE • SAN ANGELO, TEXAS 76903

City of San Angelo

REQUEST FOR BIDS

RFB ES-01-27 • Engineering Services 2027 Sealcoat Program

CITY OF SAN ANGELO, TEXAS

PURCHASING DIVISION

72 West College Avenue, San Angelo, Texas 76903

325.657.4219 • sapurch@cosatx.us

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TABLE OF CONENTS

INVITATION

General Confidentiality Document Availability Insurance and Indemnification Requirements Interpretations Required Response Deadline and Delivery Location Addenda Copies of Bid Tabulation Results Award of Contract Acceptance of Bid Content Equal Employment Opportunity Term of Performance Liquidated Damages Points of Contact

INSTRUCTIONS TO RESPONDENTS

Corrections, Additions, or Deletions Examinations of RFB Documents Bid Form Taxes Authorized Signature Modification or Withdrawal of Bids Restrictions on Communication Disqualification Reservations Bid Security Security Forfeiture Return of Security Acceptance Inspections Invoices and Payment Gratuities Termination Force Majeure Assignment – Delegation Waiver Modifications Interpretation – Parol Evidence Applicable Law Advertising Right to Assurance Equal Employment Opportunity Conflict of Interest Certificate of Interested Parties (Form 1295) Taxes and Permits Examination of Contract Documents Familiarization with the Type of Work Site Investigation Soils Testing Specifications Subcontractors and Suppliers Copies of Contract Documents

72 West College Avenue, San Angelo, Texas 76903

325.657.4219 • sapurch@cosatx.us

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Performance and Payment Bond Waiver of Performance and Payment Bonds Partial Award Quantities are Approximate Funds – Price Claims for Overcharges Legal Venue Piggy-Back Procurements

GENERAL NOTES

Contract Time, Prosecution, and Progress Measurement Payment Quantities Surface Treatments Street Sweeping Work Zone Pavement Markings Construction Inspections Protection of Work Traffic Control Plan Thermoplastic Pavement Striping And Raised Pavement Markers Storm Water Pollution Prevention Plan Materials Testing

ATTACHMENTS

BID TABLE INFORMATION

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INVITATION

General The Engineering Services Department of the City of San Angelo is requesting bids for the 2027 Sealcoat Project. The project will consist of construction of a sealcoat surface treatment composed of a single application of asphaltic material and aggregate applied on the existing pavement surfaces within the City of San Angelo city limits. The project includes areas for COSA and several Tom Green Co roads. Maps for the base bid and Tom Green Co alternate are included in this bid packet. The asphaltic material to be used will be AC-20-5TR unless otherwise specified, and the aggregate to be used will be Grade 4 Type- PB with a Surface Aggregate Classification (SAC) of A, unless otherwise specified.

This project will also include, but is not limited to, thermo-plastic pavement marking and raised pavement markings. The project will be considered “completed” after the final sweeping, which shall take place one

(1) month after the sealcoat application. All items in this contract shall be in accordance with the attached specifications manual. Vendor shall adhere to asphalt and rock rates specified in the contract unless directed otherwise by City. Pavement markings in this contract are quantified to replace existing markings that will be covered by the sealcoat application. However, striping items that were not existing may also be included in the contract striping quantities.

Estimated Project Start Date: May 2027 Estimated Length of Project: 150 Consecutive Calendar Days

Confidentiality All submissions shall remain confidential. After award, submissions will be made available for public inspection. The City shall not be responsible for the confidentiality of any trade secrets or other information contained or disclosed in the bid unless clearly identified as such.

Document Availability Bid Documents are available in the Purchasing Division or may be downloaded from the City’s website at https://cosatx.bonfirehub.com/. To locate the documents on the Bonfire Portal, go to:

Open Public Opportunities > ES-01-27 / 2027 Sealcoat Program

Insurance and Indemnification Requirements Insurance and indemnification requirements applicable to this project are detailed within the Special Insurance Rider and/or the draft project agreement included with this solicitation package. Please review the insurance and indemnification requirements with your insurance agent prior to submission.

Interpretations All questions about the meaning or intent of the contract documents, including specifications shall be submitted to the Purchasing Division through Bonfire, City’s e-Procurement Platform. Questions received after the deadline established for submitting questions/interpretations will not be answered.

Replies will be issued by addenda and posted on the Bonfire Project Page. Only questions answered by formal written addenda will be binding. Oral interpretations or clarifications will be without legal effect.

Required Response The City requires a response to any Request for Bid (RFB) notifications sent to potential vendors. Should a company choose not to participate, then in order to remain on the City of San Angelo’s potential vendors list, a “No Bid Reply” must be submitted.

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Deadline and Delivery Location RFB submittals must be received no later than the posted submission deadline listed in City’s e- Procurement Portal (Bonfire). The time recorded in Bonfire will serve as the official record of time. Bids received after the bidding deadline will not be considered.

It is the sole responsibility of the vendor to ensure that the sealed RFB submittal arrives via Bonfire by the specified deadline.

Faxed or physically submitted proposals will not be accepted.

Addenda Should specifications be revised prior to the deadline for submittals, the City’s Purchasing Division will issue addenda addressing the nature of the change and post them on the City’s e-Procurement Portal (Bonfire). Respondents should acknowledge any addenda as part of their submission in Bonfire.

Respondent is responsible for checking the City’s e-Procurement Platform (Bonfire) to determine if any addenda have been issued prior to submitting a bid. Failure to consider all addenda will be at the respondent’s risk.

Copies of Bid Tabulation Results To obtain Bid Tabulation results, download the file in City’s e-Procurement Portal (Bonfire) at least 24 hours after the close date.

Award of Contract The City reserves the right to accept or reject any or all bids, and to waive any informalities or irregularities in the RFB process. The City is an equal opportunity employer.

Acceptance of Bid Content Before submitting a bid, each respondent shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the performance of the contract and to verify any representations made by the City upon which the bid will rely. If the respondent receives an offer because of its bid, failure to have made such investigation and examinations will in no way relieve the respondent from its obligation to comply in every detail with all provisions and requirements.

Equal Employment Opportunity Attention of respondents to the requirement for ensuring that employees and applicants for employment are not discriminated against because of their race, color religion, sex, national origin, age, or disability.

Term of Performance Contractor agrees to substantially complete work within 150 consecutive calendar days after the date Work commences as established by the Notice to Proceed, except upon Change Order authorized under this contract or written amendment executed by the authorized representatives of the parties pursuant to the authority of their governing bodies.

Liquidated Damages Timely completion of this project is necessary to prevent delays in street reconstruction project(s) and to minimize project impact to the public.

Should the vendor not complete the work at a permitted site within the required time period, the City may, at its option, assess an $1,050.00 per day delinquent charge against the vendor until such time as work at the site is complete. Estimated Completion Time is 150 consecutive calendar days.

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Points of Contact

Jessica Pirkle, Purchasing Specialist Purchasing Division City of San Angelo 72 W. College Ave.

San Angelo, Texas 76903 sapurch@cosatx.us

(325) 657-4219

Luis Lozano, Project Engineer Engineering Services City of San Angelo 301 W. Beauregard Ave.

San Angelo, Texas 76903 luis.lozano@cosatx.us

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INSTRUCTIONS TO RESPONDENTS

Corrections, Additions, or Deletions Corrections, additions, or deletions to any portion of the invitation will be in the form of written addenda.

Examinations of RFB Documents Respondents are expected to examine all specifications, drawings, standard provisions, and instructions.

Failure to do so will be at the respondent’s risk.

Bid Form Bids by corporations must be executed in the corporate name by the president or vice-president (or other corporate officer accompanied by evidence of authority to sign) and attested by the secretary or an assistant secretary. The state of incorporation shall be shown below the corporate name. Bids by partnerships must be executed in the partnership name and signed by a partner; title and the official address of the partnership must be shown below the signature. Bids by joint ventures shall be signed by each participant in the joint venture or by an authorized agent of each participant.

The names of all persons signing must also be legibly printed below the signature. A bid by a person who affixes to its signature the word "president", "secretary", “agent", or other designation without disclosing its principal may be held to be the bid of the individual signing. When requested by City, evidence of the authority of the person signing shall be furnished.

All blank spaces in the bid form shall be filled. A bid price shall be indicated for each item and alternative listed therein, or the words "No Bid", "No Charge", or other appropriate phrase shall be entered. Bids must include all required forms as prescribed herein. Bids received without all such items completed may be considered nonresponsive.

The vendor is not required to acknowledge receipt of addenda but shall include all addenda in vendor’s response. No alterations in bids or alterations made to the printed forms, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the vendor. Failure to consider all addenda prior to submitting a bid shall be at the risk of the vendor.

Taxes All quotations are to be submitted less Federal Excise and State of Texas Sales Taxes. Tax exemption certificates will be provided upon request.

Authorized Signature Bids must show vendor name, address, and be manually or digitally signed. The person signing the bid must have authority to bind their firm in a contract. Any erasures or other changes must be initialed by the person signing the bid.

Modification or Withdrawal of Bids Bids can only be altered using the online Bonfire Portal system. Bids may be withdrawn before the closing time and date using the Bonfire Portal. After the closing time and date a bid can only be withdrawn with acceptable reason in writing and with approval of the Purchasing Division.

Restrictions on Communication Respondents shall not communicate with: 1) elected City officials, City staff, or contracted agents of the City regarding the RFB from the time the RFB has been released until the contract is posted as a City Council agenda item; and 2) City officials/employees/agents from the time the RFB has been released until the contract is awarded. These restrictions extend to “thank you” letters, phone calls, emails and any contact that results in the direct or indirect discussion of the RFB and/or bid submitted by respondent.

Violation of this provision by respondent and/or its agent may lead to disqualification of respondent’s bid from consideration and from opportunities to bid on future projects.

Exceptions to the Restrictions on Communication with City employees include:

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1. Private (non-business) contacts with the City by the respondent’s employees acting in their personal capacity.

2. Casual social contacts that do not include mention of the RFB.

3. Respondents may submit questions via e-Procurement Portal Bonfire concerning this RFB up to a week prior to submission due date. Questions received after the stated deadline will not be answered. Submission of questions to any other party prior to award may result in the disqualification of a respondent from bidding on this project as well as future projects for the City.

It is required that all questions be sent through the City’s e-Procurement Platform, Bonfire.

Questions submitted and the City’s responses will be published in the form of addenda to the Project Page in Bonfire. Respondent is responsible for calling the City or reviewing the Bonfire Project Page to determine if any addenda have been issued prior to their submittal. Only questions answered by formal addenda will be binding.

4. Respondents may provide responses to questions asked of them after responses are received and opened. During interviews, if any, verbal questions and explanations will be permitted. If interviews are conducted, respondents shall not bring lobbyists. All cost associated with interviews will be at the respondents’ expense. The City reserves the right to exclude any persons from interviews as it deems in its best interests.

5. Upon completion of the evaluation process, respondents shall receive a notification letter indicating the recommended firm and anticipated City Council agenda date. Respondents desiring a review of the solicitation process must submit a written request no later than five (5) calendar days from the date the letter was sent. Failure to submit a letter in writing to the Purchasing office prior to the end of the fifth day shall be at the risk of the respondent. The letter will indicate the name and address for submission of requests for review.

City reserves the right to contact any respondent to negotiate if such is deemed desirable by City. Such negotiations initiated by City staff persons shall not be considered a violation by respondent of this section.

Disqualification The respondent may be disqualified for any of the following reasons:

A. The respondent is involved in any litigation against the City of San Angelo.

B. The respondent is in arrears on any existing contract or has defaulted on a previous contract with the City.

C. The response is deemed non-conformant/non-responsive to the criteria/instructions highlighted herein.

D. The respondent is debarred, suspended, terminated, or otherwise excluded from or ineligible covered transactions by any federal, state, or local government entity or agency.

E. The bid is not received by the bid submittal deadline; or, F. The bid is not executed by a person authorized to enter into a contract binding on the respondent.

Reservations The City expressly reserves the right to accept, reject, or cancel all bids AND:

A. Waive any defect, irregularity, or informality in any bid or bidding procedure.

B. Extend the bid closing time and date.

C. Reissue a bid invitation or RFB.

D. Procure any item by other means; or, E. Increase or decrease the quantity specified, unless the vendor specifies otherwise.

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Bid Security Each bid must be accompanied by a security bond drawn to the order of the City in the sum of not less than five percent (5%) of the total amount of the bid. The security bond must be executed by a surety meeting the requirements set forth in the Owner’s Construction General Conditions and in the name of the prime contractor. The bond shall be made payable without condition to the City of San Angelo, Texas.

Bid security must be in the name of the company submitting the bid. Bid securities will be deposited within 24-hours of bid submission and a new check from the City will be issued to unsuccessful vendors within thirty (30) business days of the City Council award of bid.

Security Forfeiture Failure of the selected vendor to deliver the required contract documents, including the required performance and/or payment bonds and insurance, within thirty (30) days of the Notice of Award to the selected vendor shall be just cause for the City to annul the award and declare the bid and any guarantee thereof forfeited, not as a penalty, but as liquidation of damages to the City.

Return of Security The security of the successful vendor will be retained until they have executed the contract agreement and furnished the required bonds and insurance, whereupon bid security will be returned. The security of any vendor whom City believes to have a reasonable chance of receiving the award may be retained by City until the day after the required documents are delivered by the selected vendor to the City but not to exceed ninety (90) days after the bid submittals are due. Bid security by other vendors will be returned within thirty (30) days of when bid submittals are due.

Acceptance Acceptance of respondent’s qualifications will be in the form of a purchase order and contract. Notice for annual contract agreements will be a notice of award, purchase order, or contract.

Inspections Inspections shall be at the discretion of the City within the requirements of the City. The Vendor shall keep the entire project site accessible to the City and any other governmental entity that may exercise regulatory control of the project for any portion of the work.

Invoices and Payment Contractor will submit itemized invoices for all services rendered pursuant to this Request for Bids.

Invoices will bear the name of the firm and will be addressed to the appropriate City Point of Contact, Contract Number (ES-01-27), and Purchase Order number. Invoices will be in itemized format and provide enough detail that demonstrates work performed.

Payment may be withheld by City, at the discretion of the City, to vendor until all required documents pertaining to the incurred charges are provided to the authorized City representative.

Gratuities The City may, by written notice to the vendor, cancel this contract without liability to vendor if it is determined by the City that gratuities were offered from an agent or representative of the vendor to any officer or employee of the City with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations in respect to the performing of such contract. In the event this contract is canceled by City, remedies to recover or withhold the amount of the cost shall be incurred by vendor in providing such gratuities.

Termination Performance under this contract may be terminated in whole, or in part by the City in accordance with this provision. Termination performance hereunder shall be affected by the delivery to vendor of a “Notice of Termination” specifying the extent to which performance under this contract is terminated and the date upon which such termination becomes effective.

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Force Majeure Neither party shall be held responsible for losses resulting if the fulfillment of any terms or provisions of this contract is delayed or prevented by any cause not within the control of the party whose performance is interfered with, which by the exercise of reasonable diligence said party is unable to prevent.

Assignment – Delegation No right or interest in the contract shall be assigned nor shall any delegation of any obligation made by vendor be valid without the written permission of the City. Any attempted assignment or delegation by vendor shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph.

Waiver No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party.

Modifications This contract can be modified or rescinded only in writing signed by both of the parties or their duly authorized agents.

Interpretation – Parol Evidence This writing is intended by the parties as a final expression of their agreement and is intended as a complete agreement for dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used in this agreement. Acceptance or acquiescence in a course of performance rendered under this agreement shall not be relevant to determine the meaning of this agreement even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code is used in the agreement, the definition contained in the Code is to control.

Applicable Law This agreement is subject to all applicable federal and state laws, statutes, codes, rules and regulations, and local ordinances, rules and regulations. This agreement is also subject to the Uniform Commercial Code. Whenever the term “Uniform Commercial Code” is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement.

Advertising Vendor shall not advertise or publish, without City’s prior consent, the fact that City has entered into this contract, except to the extent necessary to comply with proper requests for information from an authorized representative of the federal, state, or local government.

Right to Assurance Whenever one party to this contract in good faith has reason to question the other party’s intent to perform, they may demand that the other party give written assurance of its intent to perform. If a demand is made, and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract.

Equal Employment Opportunity Vendor agrees that during the performance of its contract it will:

- Treat all applicants and employees without discrimination as to race, color, religion, sex, national origin, marital status, age, or handicap.

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- Identify itself as an Equal Opportunity Employer in all help wanted advertising or request. The vendor shall be advised of any complaints filed with the City alleging that vendor is not an Equal Opportunity Employer. The City reserves the right to consider its reports from its human relations administrator in response to such complaints in determining whether or not to terminate any portion of this contract for which Purchase Orders or authorities to deliver have not been included; however, the vendor is specifically advised that no Equal Opportunity Employment complaint will be the basis for cancellation of this contract for which a Purchase Order has been issued or authority to deliver granted.

All vendors must be Equal Opportunity Employers. Disadvantaged and minority vendors are encouraged to participate.

Conflict of Interest Vendor agrees to comply with the conflict-of-interest provisions of the City of San Angelo Charter and Code of Ordinances. Vendor agrees to maintain current, updated disclosure of information on file with the City Clerk throughout the term of the contract.

Chapter 176 of the Texas Local Government Code requires a vendor who enters or seeks to enter into a contract for the sale or purchase of real property, goods, or services with a local governmental entity or local government officer thereof to file a conflict of interests’ disclosure questionnaire with the governmental entity prescribed.

A Conflict-of-Interest Questionnaire Form (CIQ) – included in the bid forms - must be submitted no later than the seventh (7th) business day after the date the vendor begins discussion, negotiation, applies or responds to a request for bid or bids, or correspondence in writing related to a potential contract with the local governmental entity.

Certificate of Interested Parties (Form 1295) In 2015, 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 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 law applies only to a contract of a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered on or after January 1, 2016.

Filing Process:

On January 1, 2016, the ethics commission made available on its website a new filing application that must be used to file Form 1295. A business entity must use the application to enter the required information on Form 1295 and print a copy of the completed form, which will include a certification of filing that will contain a unique certification number. An authorized agent of the business entity must sign the printed copy of the form. The completed Form 1295 with the certification of filing must be filed with the governmental body or state agency with which the business entity is entering into the contract.

Information regarding how to use the filing application and the application are both available at https://www.ethics.state.tx.us/filinginfo/1295/. Instructional videos are available under the heading Instructional Videos for Business Entities.

The Form 1295 must be received, signed and original, within thirty (30) days of Council award or the contract may be voided.

Taxes and Permits Attention is directed to the requirements of the General Conditions regarding payment of taxes and obtaining permits. All taxes that are lawfully assessed against the City or the selected vendor in connection with the work shall be paid by the vendor. The bid prices shall include all such taxes and the costs of all required permits. The City is exempt from State Sales Tax and Federal Excise Tax.

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Examination of Contract Documents Each vendor shall thoroughly examine and be familiar with this document, specifications, etc. The submission of a bid shall constitute an acknowledgment that the vendor has thoroughly examined and is familiar with all solicitation and contract documents. The failure or neglect of a vendor to receive or examine any of the solicitation or contract documents shall in no way relieve them from any obligations with respect to their submission or to any resulting contract. No claim for extra or additional compensation will be allowed based upon a lack of knowledge of any contract document, and the City will in no case be responsible for any loss or for unanticipated costs that may be suffered by the selected vendor as a result of conditions pertaining to the work.

Familiarization with the Type of Work Before submitting a bid, each prospective vendor shall familiarize itself with the work, local labor conditions and all laws, regulations, and other factors affecting performance of the work. It shall carefully correlate its observations with requirements of this request and otherwise satisfy itself of the expense and difficulties attending performance of the work. The submission of a bid will constitute a representation of compliance by the vendor. There will be no subsequent financial adjustment for lack of such familiarization.

Site Investigation The information contained in this document about topography, subsurface soils, subsurface structures, and any quantities based thereon, is furnished solely for the convenience of the respondent as information available at the time. The accuracy of this information is not guaranteed, and the vendor is fully and solely responsible to verify pertinent information prior to bid submission. Use of the information provided in no way relieves the vendor or others of any responsibility for loss due to inaccuracies or deviations which may be encountered.

Soils Testing Specifications The vendor will be allowed to conduct soils investigations within the alignment of the proposed project as they can be coordinated with the City and appropriate landowners during the bid preparation phase. All such investigations must be coordinated through the City.

Subcontractors and Suppliers All bids must include a list of proposed subcontractors and suppliers on the form included in the bid forms section. Vendors are strongly encouraged to explore utilizing area subcontractors and suppliers.

When requested by the City, within 24 hours of bid opening, the apparent low vendor, and any other vendor so requested, shall submit a list of all subcontractors they expect to use.

2.34.1 Subcontractor Qualification

Particular consideration will be given to the qualifications of each subcontractor proposed to perform more than 5 percent (5%) of the work.

The successful vendor will submit to the City for acceptance a list of the names of subcontractors and such other persons and organizations (including those who are to furnish materials or equipment fabricated to a special design) identifying that portion of the work to be performed by each subcontractor within fourteen (14) days of the issuance of Notice of Award.

The City will notify the successful vendor in writing if there is objection to any subcontractor, person, or organization on such list.

If the apparent low vendor declines to make any such substitution, the contract shall not be awarded to such vendor, but their declining to make any such substitution will not constitute grounds for sacrificing their bid security. Additional requirements for subcontractors are contained within the Owner’s Construction General Conditions of this document.

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The failure of the City to make any such objection prior to the execution and delivery of the agreement shall constitute an acceptance of such subcontractor, person, or organization. Such acceptance a subcontractor, person or organization shall not: (1) constitute a waiver of any right of the City to reject defective work, material, or equipment, or work, material, or equipment not in conformance with the requirements of the contract documents; or (2) constitute a waiver of vendor’s complete and total liability for any defective work, material, or equipment, or work, material, or equipment not in conformance with the requirements of the contract documents whether or not provided by or performed by any such subcontractor.

If the City registers objection to and refuses to accept a subcontractor, person, or organization list the successful vendor may either (1) submit an acceptable substitute without an increase in their bid price or (2) withdraw their bid. If the City raises objection to a subcontractor, person, or organization after the execution and delivery of the agreement, the vendor will submit an acceptable substitute and the contract price shall be increased or decreased by the reasonable difference in cost occasioned by such substitution and an appropriate Change Order shall be issued. In the event that prior objection is raised as described above, but the vendor fails to submit an acceptable substitute prior to execution and delivery of the agreement, no increase in contract price shall be allowed.

2.34.2 Suppliers

The list of subcontractors shall also include the suppliers and manufacturers of the principal items of materials and equipment the vendor expects to use in the work.

Copies of Contract Documents The selected vendor to whom a contract is awarded will be furnished, without cost to it, five (5) copies of the specifications and five (5) sets of the drawings, together with all addenda thereto. Additional copies of specifications and drawings may be obtained from the City for a fee.

Performance and Payment Bond Having satisfied all conditions of award as set forth elsewhere in these documents, the successful vendor shall furnish bond(s) each in a penal sum of at least the full amount of the contract as awarded in the form included in the specifications, which secures the faithful performance of the contract, and for the payment of all persons, firms or corporations to whom the selected vendor may become legally indebted for labor, materials, tools, equipment, or service, of any nature, employed or used by it in performing the work.

Such bond(s) shall bear the same date as or a date subsequent to, the date of the contract and be in the name of the prime contractor.

On each such bond the rate of premium shall be stated, together with the total amount of the premium charged. The current power of attorney for the person who signs for any surety company shall be attached to such bond.

The failure of the successful vendor to supply the required bonds within thirty (30) days after the prescribed forms are presented for signature, or within such extended period as the City may grant based upon reasons determined adequate by the City, shall constitute a default, and the City may either award the contract to the next responsible vendor or re-advertise for bids, and may charge against the vendor the difference between the amount of the award and the amount for which a contract for the work is subsequently executed, irrespective of whether the amount due exceeds the amount of the bid security.

Copies of Performance and Payment Bonds shall be delivered to the City’s Risk Manager and the Purchasing Division.

Waiver of Performance and Payment Bonds Performance and Payment Bonds may be waived under the following circumstances:

The City may elect, at their option, to waive Payment Bonds if the contract sum is less than fifty thousand ($50,000.00) dollars.

The City may elect, at their option, to waive Performance Bonds if the contract sum is one-hundred thousand ($100,000.00) dollars or less.

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Partial Award Vendors may furnish pricing for all or any portion of the bid invitation. UNLESS vendor specifies otherwise in its bid, the City may award contracts for any item or group of items listed.

Quantities are Approximate The quantities named in the bid are approximate only, but these are to be used as a basis for the comparison of bids and to determine the amount of the bonds. However, if a unit price appears to the City to be unbalanced to such an extent that changes in actual quantities required under the contract might result in contract price adjustments which would increase payments to the selected vendor excessively, then the City may take such a condition under consideration in awarding the contract.

Funds – Price The vendor submitting the lowest responsible bid will establish a price agreement with the City. The work will be selected based on the availability of funds. The City reserves the right to award the contract by base bid, alternates, or a combination thereof.

Claims for Overcharges Vendor hereby assigns to City any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seq.

Legal Venue Tom Green County, Texas

Piggy-Back Procurements Other municipalities or public agencies in the State of Texas may be interested in purchasing products as procured through this solicitation.

Governmental Entities utilizing Inter-Governmental Contracts with the City will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded because of this solicitation. All purchases by Governmental Entities other than the City will be billed directly to that Governmental Entity and paid by that Governmental Entity. The City will not be responsible for another Governmental Entity’s debts. Each Governmental Entity will order their material/services as needed, e.g., Tom Green County, etc.

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GENERAL NOTES

The general notes listed herein are grouped by general category of work but are applicable to all items of work for the entire project.

As referred to herein, the City refers to the City of San Angelo, the Engineer, and/or any of their designated representatives.

The total bid submitted shall be the total compensation provided to the contractor for the work to be performed in this contract. Any work provided for herein and not paid for directly shall be considered subsidiary to the various bid items of the contract and no direct payment shall be made.

The contractor shall be required to maintain all areas throughout the duration of the project. All required maintenance of the completed work shall be the contractor's responsibility and shall be considered a part of this contract and at the contractor's expense until final acceptance by the City.

The contractor shall submit in writing for approval the procedure to be used for handling public claims and complaints including the time frame in which the contractor is required to respond to complaints.

Prior to beginning work, the contractor shall supply a toll-free number of the insurance company or contractor's person responsible for processing complaints and claims.

Signs, markings, delineators and signals conform to details shown on the plans, the TMUTCD, The Compliant Work Zone Traffic Control Device List (CWZTCDL), the TXDOT's standard sheets, "Standard Highway Sign Designs for Texas" and "Sign Crew Field Book." these publications are available from TXDOT's traffic operations division.

Locate the project bulletin board at an approved location within the project limits such as at a field office, staging area, or stockpile, and make accessible to the public at all times. Do not remove the bulletin board from the project until approved. If a construction site notice is required for the project, post a copy at each geographically separated work location.

All motor vehicle equipment having an obstructed view to the rear shall have a reverse signal alarm audible above the surrounding noise level.

Contract Time, Prosecution, and Progress The sealcoat season shall be from May 15th to August 30th of the project year to complete paving operations.

The dates of paving operations and dates of full project completion may differ. The contractor shall have from May 15 to August 30 to complete paving operations and one hundred fifty (150) calendar days to complete the project. Project tasks other than paving operations may be completed after August 30. For each calendar day paving operations remain incomplete after August 30 and/or each calendar day other project tasks remain incomplete after one hundred fifty (150) calendar days, an amount of one thousand fifty and zero cents ($1,050.00) per calendar day shall be assessed and deducted from the monies due or to become due the contractor, not as a penalty, but as liquidated damages. Work on Sundays and the eleven legal holidays: New Year's Day, Martin Luther King Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day and day after, Christmas Eve and Christmas Day.

The contractor shall not conduct any operations or perform any work pertaining to the project before sunrise and thirty (30) minutes before sunset or after.

Do not apply asphalt later than one (1) hour before sunset unless otherwise approved.

The contractor shall notify the engineer at lease forty-eight (48) hours prior to commencement of work.

Measurement The contractor shall provide the City with the calibration test results from the distributor machine prior to commencement of work.

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Asphalt material will be measured at the applied temperature by strapping the tank before and after road application and determining the net volume in gallons used, as directed, in the accepted surface treatment.

Aggregate will be measured by the cubic yard in the trucks applied on the road. The engineer may require loaded aggregate to be struck off for accurate measurement. Unless otherwise authorized, use trucks of uniform capacity to deliver the aggregate. Provide documentation showing measurements and calculation in cubic yards. Clearly mark the calibrated level.

Payment The City will pay the contractor monthly based upon the work performed the previous month. The amount due the contractor for that month will be negotiated between the contractor and the City. In the event of a dispute, the City's estimate shall be final. From the amount due each month, the City will retain five percent (5%) until satisfactory completion of the entire work. The five percent (5%) retainage will be paid to the contractor as a final payment, thirty (30) days after all work has been completed and accepted by the City Engineer.

With prior approval of the City, payment will be made for material on hand, provided the material is stored on the project or at an approved location in a manner acceptable to the City. Payment will be made with the next monthly estimate payment, provided the contractor presents a true and valid paid receipt acceptable to the City for the material.

Quantities The contractor shall satisfy himself that all quantities of material and work, whether paid for directly or considered subsidiary to the work, are adequate for completion of the work prior to bid submittal. The contractor shall visit the site and become familiar with the location and the work to be performed under this contract. The contractor shall verify both the quantities of materials and work in the plans and in the bidding documents. Submittal of a bid shall be considered proof that the contractor has complied with this item and all items contained herein. Any discrepancies found in the construction plans and/or construction specifications shall be called to the attention of the Engineer prior to bid submittal.

The contractor shall perform a quantity calculation from the construction plans to verify those quantities agree with those contained in the bid estimate. Quantity disagreement shall not be a basis for a dispute or claim before, during, or after construction.

Surface Treatments All materials shall be of the type(s) and grade(s) shown and shall conform to the pertinent material requirements of the following items as referenced in the TxDOT standard specifications for construction and maintenance of highways, streets, and bridges, latest revision.

All surface treatments shall conform to TXDOT Item 316, "Surface Treatments."

Asphalts shall conform to TXDOT Item 300, "Asphalts, Oils, and Emulsions."

Aggregates shall conform to TXDOT Item 302, "Aggregates for Surface Treatments."

The contractor shall prepare work areas by removing all vegetation from the pavement surface, removing existing raised pavement markers, and any other debris on the pavement surface. The contractor shall sweep the pavement surface no sooner than 3 days before sealcoating to remove dirt, dust, or other deleterious matter. All material shall be removed from the site completely and shall not be placed, even temporarily, on curbs, yards, right-of-ways or other areas. This work will not be paid for directly, but shall be subsidiary to the various bid items of the contract. All materials removed from the project are the property of the contractor.

The contractor shall protect existing manholes and valve boxes by placing paper with aggregate and a temporary raised pavement marker to mark the location of the manhole or valve box for removal of paper after sealcoating operations. This work will not be paid for directly, but shall be subsidiary to the various bid items of the contract.

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Cover or protect the following, as applicable: railings, bridge joints, utility covers, railroad crossings, and exposed concrete such as curbs, bridge approach slabs, bridge decks, sidewalks and concrete pavement.

Do not place wet aggregate.

Use medium pneumatic rollers that meet the requirements of item 201, "rolling." if trap rock aggregate is used, the engineer may require steel wheel rollers.

Provide a minimum of four rollers.

If the engineer sees a problem with uneven application rates from the asphalt nozzles, the traverse distribution test, TEX-922-K, PART III may be performed and witnessed by the engineer.

Furnish similar color aggregate from a common source for individual roadways.

The contractor shall stockpile materials at the location shown on the plans or as approved by the engineer. Locate stockpile site a minimum of 30 feet from the roadway unless otherwise authorized.

Place stockpiles in a manner that will not interfere with traffic or sight distance. Keep stockpile clear of debris and vegetative growth. The contractor shall remove any remaining aggregate from stockpile locations within 30 days of final acceptance of the project. Any aggregate left past 30 days will become City property.

The asphalt rate shall vary between 0.38 - 0.40 GAL/SY, with a rock rate of 110 SY/CY but may vary as directed by the engineer.

Furnish aggregate from the same source unless otherwise approved.

All locations are a single course application unless otherwise noted.

Paper or other approved material shall be used to prevent overlapping of traverse joints.

The contractor shall maintain the surface until the work is accepted by the City. Lack of uniformity, such as spots where coverage is not complete, shall be corrected by hand spotting or other approved method.

All fat or bleeding surfaces shall be covered with approved material in such a manner that the asphaltic material will not adhere to or be picked up by the tires of vehicles. Upon notification, the contractor shall make repairs within 10 days. These repairs include but are not limited to patches and repair of bleeding areas. If these corrections are not completed in that time, all other work will cease, but time charges will continue as directed.

Street Sweeping The contractor shall sweep paved areas one week and again one month after paving. The contractor shall remove excess or loose aggregate from paved areas, driveways, sidewalks, curbs, and residential yards by means of mechanical broom. Street sweeping operations shall not in any way adversely affect the finished paved surface and will not be paid for directly but will be subsidiary to item 316.

Work Zone Pavement Markings All pavement markings shall conform to TXDOT item 662, "Work Zone Pavement Markings."

Use temporary flexible-reflective roadway marker tabs to delineate stop bars, crosswalks, symbols, or words.

Use the temporary flexible-reflective roadway marker tab configuration shown on standard sheet TCP(7-

1) for conventional roadways.

The contractor will be responsible for the removal of the temporary flexible-reflective roadway markers once the thermoplastic striping has been completed.

Payment for work zone pavement markings shall be subsidiary.

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Construction Inspections Construction inspection shall be at the discretion of the City within the requirements of the City. The contractor shall keep the entire project site accessible to the City and any other governmental entity that may exercise regulatory control of the project or any portion of the work.

Protection of Work The contractor shall protect all areas, whether within or outside of the actual limits of construction. The contractor shall restore all disturbed areas to a condition as good as, or better than, that present prior to the construction. The City shall be the sole judge as the acceptability of the restoration.

Construction vehicles and equipment shall be limited to the areas to which work is to be performed. Any areas outside of the work area that has experienced damage (such as trees, or loss of vegetative cover) from the construction, storage of equipment and/or materials, or any other process associated with construction, shall be repaired by the contractor at his sole expense to the satisfaction of the City.

Any damage created by any equipment or any other means on the project or on adjacent properties and/or streets and roads shall be repaired to the City's satisfaction at the contractor's sole expense.

The contractor shall not cut or trim trees without consent of the City.

Traffic Control Plan The contractor shall maintain temporary traffic control measures throughout the project that are constantly in full compliance with the current version of the Texas Manual On Uniform Traffic Control Devices

(MUTCD).

The contractor shall use the provided traffic control plans or provide a MUTCD compliant engineered traffic control plan to the City and be approved by the City before any work commences.

All street segments and intersecting streets shall have project barricades in compliance with TXDOT's latest version of "Barricade and Construction General Notes and Requirements" in place before work begins. The contractor shall utilize TXDOT's latest standard traffic control plan sheets during paving operations.

The City may order all work stopped if the contractor fails to comply with the traffic control plan.

The contractor shall maintain two-way traffic at all times during construction. When paving operations require a lane closure the contractor shall provide cones, vertical panels, drums, signs, flaggers, and flashing arrow panels to route traffic.