09-29-05708_Bid_Book_2026_Majors_Road_REV_1.pdf

SPECIFICATIONS

AND

CONTRACT DOCUMENTS

FOR

Majors Roadway Improvements

IFB 2026-IFB-076

EDA Project Number 08-01-05708

CITY OF GREENVILLE

JERRY RANSOM MAYOR

RAMON RODRIGUEZ PLACE 1

T.J. GOSS PLACE 2

PHILIP R. SPENCER PLACE 3

LARRY DAVIS PLACE 4

BEN COLLINS PLACE 5

KENNETH FREEMAN PLACE 6

CITY MANAGER – SUMMER SPURLOCK

INDEMNIFICATION CLAUSE INCLUDED

AT

SUPPLEMENTARY GENERAL PROVISIONS,

SECTION 13-4 B

AND

SECTION 13-8, 4TH PARAGRAPH

Prepared by:

ENGINEERING DEPARTMENT

September 2026

ADVERTISEMENT FOR COMPETITIVE SEALED PROPOSALS (CSP)

IFB 2026-IFB-076

EDA Project Number 08-01-05708

CSP will be accepted until 3:00 P.M. local time on Tuesday, September 29, 2026.

Mailed CSP responses must be placed in a sealed envelope and clearly marked 2026-IFB-076 Majors Roadway Improvements. CSP can be mailed to P. O. Box 1049, Greenville, Texas 75403 or submitted through https://pro1curement.opengov.com/portal/greenvilletx All mailed or hand delivered CPS must be in the Finance Office by the time and date mentioned above, or submitted electronically on the OpenGov procurement platform as described above. Late CSP will not be accepted.

A Pre-Bid Meeting shall be held to answer questions on Tuesday, September 22, 2026, at 10:00 am in City Council Chambers, 2821 Washington St. After the meeting, contractors will be able to visit the site with an escort from City personnel. Contractors are discouraged from visiting the site at any other time without an escort.

Until the final award the City of Greenville reserves the right to reject any or all CSPs, to waive technicalities, to readvertise; to proceed otherwise in the best interest of the City.

The City Council will consider award of the CSP at a regular scheduled meeting at the Municipal Building or as soon thereafter as may be reasonably convenient.

In accordance with Uniform Commercial Code 2-205, the CSP will be irrevocable from the time and date of the CSP opening until the CSP are accepted or rejected by City Council.

To be advertised in the Greenville Herald Banner:

On: September 12, 2026 And: September 19, 2026 ARN: # 4277 https://pro1curement.opengov.com/portal/greenvilletx

TABLE OF CONTENTS

Notice to Bidders Instructions to Bidders

SECTION SUBJECT OF SECTION

1 08-01-05708 City of Greenville Specific Award Conditions

2 CD-450_08-01-05708_Greenville TX Financial Assistance Award

3 CSP Proposal Scoring Instructions

4 Qualification Statement of Bidders

5 Qualification Statement of Bidder’s Surety

6 Prevailing Wage Rates for Municipal Construction in Greenville, Texas with labor standards clauses

7 Vendors Compliance to State Law

8 Affidavit Against Prohibited Acts

9 Proposal and CSP Form

10 Request for Certificate of Exemption from Texas Limited Sales, Excise and Use Tax

11 Contract Agreement/Federal Contract Clause/Debarment Certification/Lobbying certification

12 Performance and Payment Bond

13 Maintenance Bond

14 Certificate of Insurance

15 City of Greenville and EDA Supplementary General Provisions

16 Special Provisions

17 Technical Specifications

18 Contractor’s Affidavit of Final Payment

NOTICE TO BIDDERS

Sealed proposals for the construction of the Majors Roadway Improvements will be received by the City of Greenville, Texas (“OWNER”) PO Box 1049, Greenville, TX 75403 or 2821 Washington St. Greenville, TX 75401 or via OpenGov (www.procurement.opengov.com) until 3:00 pm_ on Tuesday, September 29, 2026 to furnish all labor, equipment, and materials, and perform all work for the construction of the following described project in accordance with City of Greenville Standard Specifications, which include the North Central Council of Governments Standard Specifications as the same has been adopted by the City of Greenville.

After the expiration of the time and date above first written said sealed bids will be opened by the Director of Purchasing at his/her office and publicly read aloud. All proposals shall be ranked according to the Proposal Scoring Instructions included herein. Once ranked the City will list the ranking from 1 through the remaining bids submitted. Contractors shall complete the qualifications section of the bid packet in detail. Interviews may be required for the three top contractors based on selection criteria.

After experience record verified, the City Council will be presented with the recommended Contractor, the City will then announce their selection and issue the Notice To Award.

The City Council will consider the bids at City Hall, Greenville, as soon thereafter as may reasonably be convenient, subject to the right to reject any or all bids and waive any formalities.

The successful bidder will be required to furnish a performance bond and payment bond in accordance with Texas Government Code Chapter 2253, Vernon's Annotated Civil Statutes, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000.00. If the contract price does not exceed $25,000.00, the said statutory bonds will not be required.

Bidders are required to submit, with the bid package, a cashier's or certified check issued by a bank satisfactory to the City of Greenville, or a Bidder’s bond from a reliable surety company, payable without recourse to the order of the City of Greenville in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him.

It shall be each bidder's responsibility to inspect the site of the work and to inform himself 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 bids submitted.

Attention of each bidder 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 Agent of the City of Greenville, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provisions of Chapter 2258 of Texas Government Code 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.

http://www.procurement.opengov.com/

CITY OF GREENVILLE, TEXAS

INSTRUCTIONS TO BIDDERS

1. PROPOSALS OR BIDS:

1.1 Sealed proposals or bids will be received by the Purchasing Agent of the City of Greenville, Texas, at the

City Hall until _3:00 pm_ on September 29, 2026 at which time and place bids will be publicly opened and read aloud for:

1.2 Proposals shall be on the form provided for that purpose and shall be enclosed in two sealed envelopes, one within the other, each clearly marked so as to guard against opening prior to the time set therefor.

The bidder shall also be responsible for placing his firm name on the outside of both such bid envelopes.

The original proposal with three (3) copies shall be provided.

1.3 Proposals which are incomplete, unbalanced, conditional, obscure, or which contain additions not called for, alterations or irregularities of any kind, or which do not comply with the Contract Documents may be rejected at the option of the Owner.

1.4 Each proposal shall be signed, in behalf of the individual, partnership or corporation making the proposal, by the person or persons legally authorized to sign this document and thereby bind the maker in full responsibility therefor. The address of the individual, partnership or corporation shall be appended and, upon demand, the names and addresses of all members of a partnership or the corporate officers of a corporation shall be made known.

1.5 A Pre-Bid Meeting shall be held to answer questions on Tuesday, September 22, 2026, at 10:00 am in City

Council Chambers, 2821 Washington St. After the meeting, contractors will be able to visit the site without an escort from City personnel. Contractors are encouraged to visit the site at any other time without an escort.

1.6 This project will be partially funded with Federal funds from the United States Department of Commerce, Economic Development Administration and therefore is subject to the Federal laws and regulations associated with that program.

2. CONTRACT DOCUMENTS:

2.1 All work covered by this contract shall be done in accordance with contract documents described in the

General Provisions.

2.2 All bidders shall be thoroughly familiar with all the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents.

4. TIME AND ORDER FOR COMPLETION:

4.1 The construction covered by the contract documents shall be fully complete within 300 consecutive calendar days from the date specified in the Notice to Proceed issued by the City of Greenville to the successful bidder.

4.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to insure completion of the project within the time specified.

5. Two-year Warranty Letter:

5.1 Contractor shall furnish the City of Greenville a two-year Warranty Letter to guarantee against defects in the construction or equipment furnished under the project for two years following acceptance. The letter shall be executed by a principal interest and notarized.

6. PLANS FOR THE CONTRACTOR:

6.1 The Contractor will be furnished 2 sets of specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors, or others, as required for proper prosecution of the work contemplated by the Contractor.

7. PREPARATION OF PROPOSAL:

7.1 The bidder shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he proposes to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized.

7.1.1 The successful bidder is required to provide segregated amounts for cost of labor and other services from tangible personal property to be ultimately consumed in this project. Such segregated cost shall be identified in the contract to be executed by the parties.

7.2 If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of Attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal.

7.3 The proposal shall be executed in ink. Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner:

(a) Bidder's name.

(b) Proposal for: Majors Roadway Improvements

7.4 Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no proposal may be withdrawn or altered thereafter.

7.5 All bidders must supply the following with their bids:

(a) Qualification Statement of Bidders.

(b) Qualification Statement of Bidder's Surety.

(c) Statement of Safety Record.

(d) Construction time.

(e) Current financial statement.

8. BID SECURITY:

8.1 Each bid must be accompanied by a certified or cashier's check or an approved bidder's bond made payable to the owner in an amount of five (5%) percent of the largest possible total of the bid as a guarantee that, if awarded the contract, the bidder shall enter into a contract and execute all necessary bonds.

9. PERFORMANCE AND PAYMENT BONDS:

9.1 Performance and payment bonds are in the amount of not less than one hundred percent (100%) of the contract price conditioned upon the faithful performance of the contract, and upon payment of all persons supplying labor or furnishing materials, will be required upon the forms which are a part of the Contract Documents. Bonds shall be executed by a surety company authorized to do business in the State of Texas. Owner shall approve bonds as to form. The Owner may, in its discretion, reject a surety it believes unacceptable; a failure to reject a surety who is unacceptable or fails to perform its obligations shall incur no liability to Owner.

10. BIDDER'S KNOWLEDGE OF CONDITIONS:

10.1 Prior to submission of a proposal, bidders shall have made a thorough inspection of the site of the work and a thorough examination of the plans and specifications and shall become informed as to the nature of the work, labor conditions, and all other matters that may affect the cost and time of completion of the work.

11. INTERPRETATION OF DOCUMENT:

11.1 If any person contemplating submitting a bid is in doubt as to the meaning of any part of the plans, specifications, or other proposed contract documents, he may submit to the Engineer a written request for an interpretation thereof prior to seven (7) days of the time of opening of bids. The person submitting the request will be responsible for its prompt delivery. Any interpretation of these documents will be made only by addendum duly issued and will be posted on, OpenGov (www.procurement.opengov.com) The Engineer will not be responsible for any other explanations or interpretations.

12. AWARD OF CONTRACT:

12.1 It is the intent of the City of Greenville that this project be completed as quickly and economically as is feasible. A tabulation of the bids received will be prepared for consideration by the City Council.

The City will use the Competitive Sealed Proposals procurement method as authorized by the Texas

Legislature and further defined by Texas Government Code Section 2269. The Maximum Point value is equal to 100. The weight factor is 40 points for Price, 45 points for Contractor Qualifications/Key Personnel, 5 points for Safety Record Questionnaire, and 10 point for Construction Time. No conditional bids will be accepted. Unless the bids are unreasonably high, the Owner anticipates awarding the contract promptly on the basis of the greatest advantage to the Owner, considering prices bid, ability, standing and reputation of bidder, capabilities for executing the work and such other elements as the awarding authority may deem pertinent. The Owner retains the right to waive informalities and to reject any or all bids.

http://www.procurement.opengov.com/

13. PROTECTION OF THE PUBLIC:

13.1 For protection and convenience of the public and emergencies, the successful bidder shall furnish the City with a telephone number where the Contractor can be contacted 24 hours a day during the entire construction period of this project. This telephone number shall be furnished to the City in writing prior to the beginning of construction.

14. AFFIDAVIT AGAINST PROHIBITED ACTS:

14.1 It shall be the successful bidder's responsibility to complete this affidavit (Section 5 of the Contract

Documents) prior to execution of the contract by the City of Greenville. Failure to complete this form may prohibit the Contractor's ability to secure the contract.

15. ENGINEER:

15.1 The term "Engineer" shall refer to the City Engineer or his authorized representative.

16. AMERICAN DISABILITIES ACT:

16.1 "Any person, firm business, partnership, or corporation that provides a service or function to the public or employees, agents or officials of the city of which is performed on behalf of the City of Greenville, shall comply with 42 U.S.C. 1210-12213 and any amendments thereto, known as the "American Disabilities Act of 1990"."

SECTION 1

08-01-05708 CITY OF GREENVILLE SPECIFIC AWARD CONDITIONS

Award No. 08-01-05708 1 | P a g e

SPECIFIC AWARD CONDITIONS

U.S. DEPARTMENT OF COMMERCE

Economic Development Administration (EDA)

CONSTRUCTION PROJECTS: Public Works and Economic Adjustment Assistance Programs under Sections 201 and 209 of the Public Works and Economic Development Act, as amended, 42 U.S.C. §§ 3141 and 3149

1. This EDA Award supports the work described in the approved final scope of work, which is incorporated by reference into this Award, as the Authorized Scope of Work. All work on this project must be consistent with the Authorized Scope of Work, unless the Grants Officer has authorized a modification of the scope of work in writing through an amendment memorialized by a fully executed Form CD-451.

The Authorized Scope of Work for this project includes:

The EDA investment is for the construction of a new roadway alignment and reconstruction for Majors Drive Roadway in Greenville, TX. The major project components include:

• New four-lane road will be appx. 2,000 LF

• Roadway lighting upgrades

• Drainage improvements including sanitary sewer and storm drainage.

2. The Recipient Contact’s name, title, address, and telephone number are:

3. The Grants Officer is authorized to award, amend, suspend, and terminate financial assistance awards. The Grants Officer is:

4. The Federal Program Officer (Area Director) oversees the programmatic aspects of this Award.

The Federal Program Officer is:

Project Title: Major Field Capital Improvements

Recipient Name: City of Greenville Project Number: 08-01-05708

Summer Spurlock City Manager Phone: 903-457-3100 Email: spurlock@ci.greenville.tx.us

City of Greenville 2821 Washington Street Greenville, TX 75401

Jorge Ayala Regional Director Fax: 512-499-0478

Economic Development Administration 903 San Jacinto Blvd.

Suite 206 Austin, TX 78701

Award No. 08-01-05708 2 | P a g e

5. The EDA Project Officer is responsible for day-to-day administration and liaison with the Recipient and receives all reports and payment requests. The Project Officer is:

6. ADDITIONAL INCLUDED DOCUMENTS: In addition to the regulations, documents, or authorities incorporated by reference on the Financial Assistance Award (Form CD-450), the following additional documents are hereby incorporated by reference into this Award:

• EDA Construction Standard Terms and Conditions for Construction Projects (March 22, 2021); and

• The Recipient’s application, including any attachments, project descriptions, schedules, and subsequently submitted supplemental documentation.

Should there be a discrepancy among these documents, the Specific Award Conditions (this document), including any attachments, shall control.

7. PROJECT DEVELOPMENT TIME SCHEDULE: The Recipient agrees to the following Project Development Time Schedule:

Return of Executed Financial Assistance Award ………30 calendar days after receipt of Form

CD-450/CD-451

Start of Construction …………………………………..24 Months from the Date of Award Construction Completed ……………………….………48 ,Months from the Date of Award Authorized Award End Date …………………………. 60 Months from the Date of Award Submission of Final Financial Report (SF-425) ………No later than 120 calendar days from the Award End Date

Project Closeout – All project closeout documents, including final financial reports (Form SF- 425 or any successor form) and any required program reports, shall be submitted to EDA not more than 120 calendar days after the date the Recipient accepts the completed project from the contractor(s).

The Recipient shall diligently pursue the development of the project so as to ensure completion within this time schedule and shall promptly notify EDA in writing of any event that could

Dana Philips, Civil Engineer Phone: 737-207-1465

FAX: 512-499-0478

Email: dphillips@eda.gov

Economic Development Administration Austin Regional Office 903 San Jacinto Blvd.

Jessica Falk, Area Director Phone: 512-516-1562

FAX: 512-499-0478

Email: jfalk@eda.gov

Economic Development Administration Austin Regional Office 903 San Jacinto Blvd.

Award No. 08-01-05708 3 | P a g e substantially delay meeting any of the prescribed time limits for the project as set forth above.

The Recipient further acknowledges that failure to meet the development time schedule may result in EDA taking action to terminate the Award in accordance with the regulations set forth at 2 C.F.R. §§ 200.338–200.342, as applicable.

8. PROJECT REPORTING AND FINANCIAL DISBURSEMENTS INSTRUCTIONS:

A. AWARD DISBURSEMENTS: Reimbursement basis only. EDA will make disbursements under this Award on a reimbursement basis only, based on actual costs incurred, after all preconditions set forth in these Specific Award Conditions have been met.

The “Request for Reimbursement” (Form SF-271 or any successor form) is used to request a disbursement, which shall be approved in writing by the Project Officer.

Please note that prior to the initial disbursement, the Recipient must complete the attached Form SF-3881 (or any successor form) “ACH Vendor/Miscellaneous Payment Enrollment Form” and submit it to NOAA’s Accounting Office by FAX at (301) 528-3675. (FAX is required to secure confidentiality of sensitive information.) The form must be completed by the respective parties (EDA, Recipient Bank, and Recipient) at the start of each new award.

B. REPORTS:

a. Project Progress Reports: The Recipient shall submit project progress reports to the Project Officer on a quarterly basis on April 30, July 31, October 31, and January 31, for the periods ending March 31, June 30, September 30 and December 31, or any portion thereof, until the final disbursement is made by EDA. Reports should be submitted using the approved EDA template, which will be provided by the Project Officer and discussed during the project kick-off meeting. Reports are due no later than 1 month following the end of the quarterly period.

b. Financial Reports: The Recipient shall submit a “Federal Financial Report” (Form SF-425 or any successor form) on a semi-annual basis for the periods ending March 31 and September 30, or any portion thereof, for the entire project period.

Form SF-425 and instructions for completing this form are available at:

https://www.grants.gov/web/grants/forms/post-award-reporting-forms.html.

A final Form SF-425 must be submitted no more than 90 calendar days after the expiration date of the Award (i.e., the Award End Date specified on the Form CD- 450 or a subsequently executed Form CD-451). Final Financial Reports should follow the guidance outlined in the instructions for submitting mid-term financial reports, but should ensure that all fields accurately reflect the total outlays for the entire project period and that all matching funds and program income (if applicable) are fully reported. Determination of the final grant rate and final balances owed to https://www.grants.gov/web/grants/forms/post-award-reporting-forms.html

Award No. 08-01-05708 4 | P a g e the government will be determined based on the information on the final Form SF- 425, so it is imperative that it be submitted in a timely and accurate manner.

9. ALLOWABLE COSTS AND AUTHORIZED BUDGET: Total allowable costs will be determined after the final financial documents are submitted in accordance with the applicable authorities specified on the Financial Assistance Award (Form CD-450), including the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 C.F.R. part 200.

Except as otherwise expressly provided for within these Specific Award Conditions, the Federal share of the allowable costs shall be based on the Investment Rate for the Award, as established on the Form CD-450 or any subsequent amendment (Form CD-451). In the event of an underrun in total allowable costs for this project, the Federal share of allowable costs shall be determined by the Investment Rate. The Federal share of total allowable costs shall not exceed the dollar amount specified on the original Award or any subsequent amendments.

Line Item Budget:

A. Under the terms of the Award, the total approved authorized budget is:

Federal Share (EDA Amount) $1,250,000 Non-Federal Matching Share $1,250,000 Total Project Cost $2,500,000

B. Under the terms of this Award, the total approved line item budget is:

COST CLASSIFICATION Proposed Approved Administrative and legal expenses $0 $0 Land, structures, rights-of-way, etc. $0 $0 Relocation expenses and payments $0 $0 Architectural and engineering fees $0 $0 Other architectural and engineering fees

$0 $0

Project inspection fees $0 $0 Site work $199,000 $199,000 Demolition and removal $431,000 $431,000 Construction $1,643,400 $1,642,660 Equipment $0 $0 Contingencies $227,340 $227,340 Total Project Cost $2,500,000 $2,500,000

10. FEDERAL SHARE: The EDA participation in total eligible project costs will be limited to the

EDA grant amount or the EDA share of total allowable project costs, as stated on the Form CD- 450, whichever is less.

Award No. 08-01-05708 5 | P a g e

11. MATCHING SHARE: The Recipient agrees to provide the Recipient’s non-Federal Matching

Share contribution for eligible project expenses in proportion to the Federal share requested for such project expenses (see 13 C.F.R. § 300.3). By accepting the Award, the Recipient also certifies that the Matching Share of the project costs is committed to the project, is not encumbered in any way that would prevent its use for the project, and will be available as needed for the project.

12. REFUND CHECKS, INTEREST, OR UNUSED FUNDS: Treasury has given EDA two options for having payments deposited to EDA’s account:

i. The first is the pay.gov website. This option allows the payee to pay EDA through the internet. The payee will have the option to make a one-time payment or to set up an account to make regular payments.

ii. The second is wire transfer via FedWire. Upon request, EDA can provide instructions on how the payee’s financial institution can remit a FedWire payment to EDA.

13. CONSTRUCTION COMPLETION: In keeping with prudent grants management policy, EDA construction projects must be completed within five (5) years of the date the Form CD-450 is signed by the Recipient accepting the Award. If construction is not completed by that date and the Grants Officer determines, after consultation with the Recipient, that construction to completion cannot reasonably be expected to be completed promptly and expeditiously, the grant may be terminated. Extensions beyond the five-year project period are exceedingly rare and can only be authorized by the Assistant Secretary. Nothing in this paragraph is intended to alter the Project Development Time Schedule set out in paragraph 7, above.

14. USEFUL LIFE: The useful life of this project is hereby determined to be 20 years from the date of Grant Award.

15. GOALS FOR WOMEN AND MINORITIES IN CONSTRUCTION: Department of Labor regulations set forth at 41 C.F.R. part 60-4 establish goals and timetables for the participation of minorities and women in the construction industry. Those regulations apply to all federally assisted construction contracts in excess of $10,000. The Recipient shall comply with those regulations and shall obtain compliance with 41 C.F.R. part 60-4 from contractors and subcontractors employed on the project by including such notices, clauses, and provisions in the Solicitations for Offers or Bids as required by 41 C.F.R. part 60-4. The goal for the participation of women in each trade area shall be as follows: from April 1, 1981 until further notice: 6.9 percent.

All changes to this goal, as published in the Federal Register in accordance with the Office of Federal Contract Compliance Programs regulations at 41 C.F.R. § 60-4.6, or any successor regulations, shall hereafter be incorporated by reference into these Special Award Conditions.

Goals for minority participation shall be as prescribed by Appendix B-80 of the Federal Register notice published October 3, 1980 at 45 FR 65984-65991, or any subsequently published amendments. The Recipient shall include the “Standard Federal Equal Employment

Award No. 08-01-05708 6 | P a g e

Opportunity Construction Contract Specifications” (or cause them to be included, if appropriate) in all Federally-assisted contracts and subcontracts. The goals and timetables for minority and female participation may not be less than those published pursuant to 41 C.F.R. § 60-4.6. The minority participation goal for this project is 17.2 percent.

16. PROCUREMENT: The Recipient agrees that all procurement transactions shall be in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 C.F.R. §§ 200.317–200.326.

17. EVIDENCE OF GOOD TITLE: Prior to the initial disbursement of funds by EDA, the

Recipient shall provide an opinion of counsel, satisfactory to EDA, that the Recipient has acquired good and marketable title to land, free of all encumbrances, to all real property necessary for completion of the project, as well as any necessary rights-of-way, easements, State or local government permits, or long-term lease interests necessary for the completion of the project, in accordance with 13 C.F.R. part 314.

18. NONRELOCATION: By accepting this Award of financial assistance, the Recipient attests that the EDA-funded project will not be used to induce the relocation or the movement of existing jobs from one Region to another Region by a primary beneficiary of the Award (see 13 C.F.R. § 300.3). In the event that EDA determines that its assistance was used for such purposes, EDA reserves the right to pursue all rights and remedies, including suspension of disbursements, termination of the Award for convenience or cause, and disallowance of any costs attributable, directly or indirectly, to the relocation.

For purposes of ensuring that EDA assistance will not be used for relocation purposes, each applicant must inform EDA of all employers that constitute primary beneficiaries of the project.

EDA considers an employer to be a “primary beneficiary” if the applicant estimates that such employer will create or save 100 or more permanent jobs as a result of the investment assistance and specifically names the employer in its application to EDA. In smaller communities, EDA may consider a primary beneficiary to be an employer of 50 or more permanent jobs so identified.

19. PERFORMANCE MEASURES: The Recipient agrees to report on program performance measures and program outcomes in such a form and at such intervals as may be prescribed by EDA in compliance with the Government Performance and Results Act (GPRA) of 1993, and the Government Performance and Results Modernization Act of 2010.

At this time, all Awards for construction assistance require Recipients to report actual job creation/retention and private investment leverage at three (3), six (6), and nine (9) years after an EDA investment. The Recipient must retain sufficient documentation so that they can submit these required reports. Failure to submit these reports may adversely impact the ability of the Recipient to secure future funding from EDA.

Performance measures and reporting requirements that apply to program activities funded by this investment will be provided in a separate GPRA information collection document. EDA staff will contact the Recipient in writing within a reasonable period prior to the time of submission of the reports with information on how this data should be submitted. The Recipient must ensure

Award No. 08-01-05708 7 | P a g e adequate and sufficient records are kept to support the methodology for computing initial job creation/retention and private investment estimates and all subsequent actual performance data, and must make this information available at EDA’s request, including in the event of an audit or performance site visit.

20. REAFFIRMATION OF APPLICATION: Recipient acknowledges that Recipient’s application for this Award may have been submitted to the Government and signed by Recipient, or by an authorized representative of Recipient, electronically. Regardless of the means by which Recipient submitted its application to the Government or whether Recipient or an authorized representative of Recipient submitted its application to the Government, the Recipient hereby reaffirms and states that:

i. All data in the application and documents submitted with the application are true and correct as of the date the application was submitted and remain true and correct as of the date of this Award;

ii. The application was, as of the date of submission and the date of this Award, duly authorized as required by local law by the governing body of the Recipient; and

iii. Recipient has read, understood, and will comply with all terms of this Award, including the Assurances and Certifications submitted with, or attached to, the application.

The term “application” includes all documentation and any information provided to the Government as part of, and in furtherance to, the request for funding, including submissions made in response to information requested by the Government after submission of the initial application.

21. PROJECT ADMINISTRATION SERVICE AGREEMENT: Prior to any Award disbursement, the Recipient shall submit to EDA for approval a Project Administration Service Agreement for project administration services charged against the Award.

22. ARCHITECT/ENGINEER AGREEMENT: Prior start of Design Services, the Recipient must submit to the Government for approval, an Architect/Engineer Agreement that meets the requirements in the EDA’s “Summary of EDA Construction Standards,” as well as the competitive procurement standards of 2 C.F.R. Part 200, as applicable. The fee for basic Architect/Engineer Services will be a lump sum or an agreed maximum, and no part of the fees for other services will be based on a cost-plus-a-percentage-of-cost or a cost using a multiplier.

23. REQUIREMENT TO COMPLETE CULTURAL RESOURCES SURVEY: Prior to advertisement for bids, Recipient shall provide evidence satisfactory to the cultural resources survey requested by the State Historic Preservation Officer (SHPO) in the letter dated December 1, 2022 has been performed, reviewed by SHPO, and that SHPO has provided written final approval of the project. Recipient agrees to comply with any and all conditions of the final SHPO approval. If the Recipient does not or cannot provide the SHPO approval as required in this Special Award Condition, Recipient agrees, at the discretion of EDA, to terminate.

SECTION 2

CD-450_08-01-05708_GREENVILLE TX FINANCIAL ASSISTANCE AWARD

SECTION 3

BID PROPOSAL SCORING INSTRUCTIONS

BID PROPOSAL SCORING INSTRUCTIONS

1. OFFEROR INQUIRIES AND CLARIFICATION OF REQUIREMENTS

1.1 It is the intent and purpose of the City of Greenville that this request permits competitive proposals. It shall be the offerors responsibility to advise the Director of Purchasing and Contract

Management if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the City Purchasing and Contract Management

Office no later than five (5) calendar days before the proposal closing date. A review of such notifications will be made.

2. TIME AND ORDER FOR COMPLETION

2.1 The construction covered by the contract documents shall be substantially completed within 300

Consecutive Calendar Days from the date specified in the Notice to Proceed issued by the City of

Greenville to the successful offeror.

2.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified.

2.3 Upon receipt of notice to proceed, and upon commencement of the work, the Contractor shall ensure daily prosecution of the work is conducted every business day until the work is completed, regardless if the work will be substantially or finally complete ahead of specified deadlines in the agreement, unless the City determines time off from said prosecution is necessary or reasonable and Contractor received said determination in writing from the City. Additionally, inclement weather shall be the only other reason consistent, daily prosecution of the work may not take place on those inclement weather days.

3. GUARANTEES

3.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within two years from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the

Owner (City of Greenville).

3.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault-free performance and fault-free result in the processing date and date-related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the

Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Greenville, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein.

3.3 The obligations contained herein apply to products and services provided by the Contractor, its sub-contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Greenville under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Greenville availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default.

3.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor’s liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference.

4. BASIS OF PROPOSALS AND SELECTION CRITERIA

4.1 The City uses the Competitive Sealed Proposals procurement method as authorized by the Texas

Legislature and further defined by Texas Government Code Section 2269. The Maximum Point value is equal to 100 points. The weight factor is 40 points for Price, 45 points for Contractor

Qualifications/Key Personnel, 5 points for Safety Record Questionnaire, and 10 points for

Construction Time. The selection criteria used to evaluate each proposal includes the following:

4.1.1 40 POINTS - PRICE: The quality of Offerors is not judged solely by a low initial cost proposal or, conversely, eliminated solely because of a high initial cost proposal. The following is the formula used when determining price as a factor for construction contract proposals. The lowest proposal price of all the proposals becomes the standard by which all price proposals are evaluated. One at a time, each proposal is evaluated by taking the lowest proposal price and dividing it by the price of the proposal being evaluated. That fraction is then multiplied by the maximum point value of the price factor for the price score. For Example: (Lowest Price/Current Proposal Price) x

Maximum Point Value = Price Score.

4.1.2 45 POINTS - CONTRACTOR QUALIFICATIONS/KEY PERSONNEL: When evaluating a contractor’s qualifications, the City uses the “Contractor’s Statement of Qualifications” attached within and past experience with the contractor. The City may also interview the job superintendent at a time to be named after receipt of proposals. This criterion is subjectively evaluated, and the formula is as follows: (Points = Score). Each evaluator assigns points based upon the responses the contractor provides in the “Contractor’s

Statement of Qualifications” And any experience with the contractor. The “Contractor’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.

4.1.3 5 POINTS - SAFETY RECORD QUESTIONNAIRE: This criterion is also more subjectively evaluated, and the formula is as follows: (Points = Score). Each evaluator assigns points based upon the responses you provide in your “Safety Record Questionnaire” and the Contractors Experience Modification Ratio (EMR). Contractors with an EMR greater than 1.0, as well as those Contractors not submitting EMRs, will receive zero points for this portion of the selection criteria. The City may consider any incidence involving worker safety or safety of residents, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor under the contractor’s control.

Evaluators base their rating primarily upon how well you document previous offenses with the date of the offense, location where the offense occurred, type of offense, final disposition of the offense, and any penalty assessed as well as the EMR.

4.1.4 10 POINTS - CONSTRUCTION TIME: This criterion is, as with price, objective and evaluators use the following formula when determining construction time as a factor for construction contract proposals. The lowest construction time proposal of all the proposals becomes the standard by which all the construction time proposals are evaluated. One at a time, each proposal is evaluated by taking the lowest construction time and dividing it by the construction time of the proposal being evaluated. That fraction is then multiplied by the maximum point value of the construction time factor for the construction time score. For example: (Lowest construction time/Current

Proposal construction time) x Maximum Point Value = Construction Time Score)

4.1.5 EVALUATION PROCESS: Evaluators independently review and score each proposal. The

Committee meets, during which time the Committee Chairperson totals the individual scores. If the individual scores are similar, the Chairperson averages the scores then ranks offerors accordingly. If the scores are significantly diverse, the Chairperson initiates and moderates’ discussion to determine the reasons for the differences and ensures that all evaluators are fully knowledgeable of all aspects of the proposals. Scores may then be adjusted by the committee based on committee discussion. Please note that offerors with higher qualifications scores could be ranked higher than offerors with slightly better price scores.

4.2 Proposals shall be made using the forms provided.

SECTION 4

QUALIFICATION STATEMENT OF BIDDERS

SECTION 4

QUALIFICATION STATEMENT OF BIDDERS

Individual contractors and joint ventures submitting a bid must complete the following evaluation information for the Project. Joint ventures shall be composed of not more than two firms and each firm must complete separate evaluations. Evaluation information must be submitted at time of bid submittal. Failure to submit the following Bidder Evaluation information may result in the OWNER considering the bid non-responsive and result in rejection of the bid by the OWNER. Bidders are to provide any additional information requested by the OWNER.

In evaluating a firm's qualifications, the following major factors will be considered:

A. FINANCIAL CAPABILITY:

For this project, the CONTRACTOR'S financial capability to undertake the project will be determined by the CONTRACTOR'S ability to secure bonding satisfactory to the OWNER.

B. EXPERIENCE:

Do the organization and key personnel have appropriate technical experience on similar projects?

C. SAFETY:

Does the organization stress and support safety as an important function of the work process?

D. QUALITY OF WORK:

(1) Does the organization have a commitment to quality in every facet of their work - the process as well as the product?

(2) Does the organization have a written quality philosophy and/or principles that exemplifies their work? If so, submit as Attachment "A".

(3) Has this organization ever received an award or been recognized for doing "quality" work on a project? If so, give details under Attachment "A".

E. CONFORMANCE TO CONTRACT DOCUMENTS:

(1) Does the organization have a commitment and philosophy to construct projects as designed and as defined in the Contract Documents?

The OWNER reserves the right to waive irregularities in determining the firm's qualifications and reserves the right to require the submission of additional information.

The qualifications of a firm shall not deprive the OWNER of the right to accept a bid, which in its judgement is the lowest and best bid, to reject any and all bids, to waive irregularities in the bids, or to reject nonconforming, non- responsive, or conditional bids. In addition, the OWNER reserves the right to reject any bid where circumstances and developments have in the opinion of the OWNER changed the qualifications or responsibility of the firm.

Material misstatements on the qualification’s forms may be grounds for rejection of the firm's bid on this project. Any such misstatement, if discovered after award of the contract to such firm, may be grounds for immediate termination of the contract. Additionally, the firm will be liable to the OWNER for any additional costs or damages to the OWNER resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages.

Complete the following information for your organization:

Organization Doing Business As

Business Address of Principle Office

Telephone Numbers

Main Number

Fax Number

Web Site Address

Form of Business (Check One) A Corporation A Partnership An Individual

If a Corporation

Date of Incorporation

State of Incorporation

If a Partnership

Date of Organization

State whether partnership is general or limited

If an Individual

Name

Business Address

Identify all individuals not previously named which exert a significant amount of business control over the organization

Indicators of Organization Size

Average Number of Current Full Time Employees

Average Estimate of Revenue for the Current Year

Construction Experience

Years experience in projects similar to the proposed project:

As a General Contractor As a Joint Venture Partner

Has this or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it?

If yes provide full details in a separate attachment. See attachment No.

Has this or a predecessor organization been released from a bid or proposal in the past ten years?

If yes provide full details in a separate attachment. See attachment No.

Has this or a predecessor organization ever been disqualification as a bidder or proposer by any local, state, or federal agency within the last five years?

Is this organization or your proposed surety currently in any litigation or contemplating litigation?

Has this or a predecessor organization ever refused to construct or refused to provide materials defined in the contract documents?

Proposed Project Organization

Provide a brief description of the managerial structure proposed for this project and illustrate with an organizational chart.

Include the title and names of proposed key personnel and alternates. Include this chart as an attachment to this description.

See attachment No.

Experience of Key Personnel

Provide information on the key personnel proposed for this project that will provide the following key functions. Provide information for candidates for each of these positions on the pages for each of these key personnel. Also provide biographical information for each primary and alternate candidate as an attachment. The biographical information must include the following as a minimum: technical experience, managerial experience, education and formal training, work history which describes project experience, including the roles and responsibilities for each assignment, and primary language. Additional information highlighting experience which makes them the best candidate for the assignment should also be included.

Role Primary Candidate Alternate Candidate

Project Manager

Project Superintendent

Project Safety Officer

Quality Control Manager

If key personnel are to fulfill more than one of the roles listed above, provide a written narrative describing how much time will be devoted to each function, their qualifications to fulfill each role and the percentage of their time that will be devoted to each role.

If the…