1-00326-0 CSP Spirit Reach 0805.docx

COMPETITIVE SEALED PROPOSAL FOR CONSTRUCTION

For

SPIRIT REACH CONTEMPLATIVE PATH

# 00326

Issue Date: March 26, 2026 Responses must be received BEFORE:

April 28, 2026, 11:00 A.M. C.S.T

See Part 2, Terms and Conditions for information on these requirements.

Pre-Submittal Conference and Walkthrough: There will be a non-mandatory pre-submittal conference held on April 7, 2026 at 11:00 AM CST, located at 100 E. Guenther, Board Room, San Antonio, TX 78204. A walkthrough will follow immediately after at 950 East Hildebrand Ave, San Antonio, TX 78209

Contents

Exhibit 1 – Pricing Sheet Exhibit 2 – Sample Contract and Prevailing Wage Rates Exhibit 3 – Technical Specifications Exhibit 4 – Plans or Technical Drawings Exhibit 5 – Geotechnical Report

PART I -REQUIREMENTS FOR RESPONSES

INTRODUCTION

In accordance with the provisions the State of Texas Government Code 2269, the San Antonio River Authority (River Authority) Enabling Statute (Chapter 276, Page 556, Acts of the 45th Legislature, 1937, and subsequent amendments), policies and procedures, the River Authority is requesting submissions to contract with an individual(s) or business(es) with considerable experience in providing construction services of this solicitation. The responses and the cost solutions shall be submitted to the River Authority in a sealed submission.

The awarded individual(s) or business(es) shall possess a proven track record of using innovative approaches to providing construction services that represent the best value to their clients. The awarded individual(s) or business(es) shall have the ability to accomplish all aspects of the requested services. The awarded individual(s) or business(es) should be able to provide innovative methods to deal with challenges and cost-effective solutions.

GUIDING PRINCIPALS

By working collaboratively, the River Authority is able to sustain and enrich the watershed’s ecosystem and the lives of the people in and the economies of the communities we serve.

The River Authority’s Vision: Inspiring Actions for Health Creeks and Rivers The River Authority’s Mission: Committed to Safe, Clean, Enjoyable Creeks and Rivers

PROJECT DESCRIPTION

The River Authority is seeking competitive sealed proposals for the Spirit Reach Contemplative Path . The engineers estimate for this project is $ 4.98 million.

This project extends the Spirit Reach initiative, linking the San Antonio River’s major destinations - Missions, Riverwalk, Pearl District, and Brackenridge Park - to the University of the Incarnate Word, The Blue Hole, and Headwaters Sanctuary. A safe crossing under Hildebrand Avenue will complete the connection between Brackenridge Park and the river’s headwaters. The project strengthens regional connectivity, honors Native American heritage associated with the river, and unites public and private lands to highlight cultural and ecological resources. Improvements include approximately 3,200 linear feet of concrete trail, 1,400 linear feet of natural surface trail, and 1,400 linear feet of stream restoration, encouraging public engagement with the City’s landscapes, history, and the enduring legacy of the San Antonio River.

The construction shall be accomplished per the solicitation documents and all exhibits and Attachments identified in the table of contents.

Before submitting a response, the respondent shall examine carefully the solicitation, Plans, Specifications, General Conditions, Supplementary Conditions, Special Provisions, Addenda, Contract Forms and sites of the proposed work. They shall satisfy themself as to the character, quality and quantities of work to be performed and materials to be furnished. The submission of a response by a respondent shall be conclusive evidence that he has complied with these requirements. Claims for additional compensation due to variation between conditions actually encountered in construction and as indicated by the plans will not be allowed.

MINIMUM QUALIFICATIONS

The following minimum requirements must be demonstrated in order for the submission to be considered responsive to the River Authority. Any submission received, which is determined to not meet these mandatory requirements may be immediately disqualified and rejected as non-responsive.

· The responding entity must demonstrate that the company, as an entity, has a minimum of three (3) years of documented experience in providing the specified services of equal complexity and magnitude. Experience must pertain to the company itself and not to the qualifications of individual employees or subcontractors.

· Project manager must have five (5) years relevant experience of equal complexity and magnitude.

· Five (5) references from entities for which the respondent provided the products or services, of equal complexity and magnitude, requested. The River Authority cannot be used as a reference.

· Acceptable bid bond in an amount not less than 5% of the total submitted bid price. All submissions received without the above will be rejected and considered non-responsive. Additional information regarding bond requirements are described in Part I Section 13, Bonds. If submitting electronically, the respondent shall submit a PDF (or other electronic format) of the original hard copy of the bid bond with their proposal. Respondents shall ensure that raised seal is visible. This may include shading over the embossed seal with a pencil prior to scanning to allow for the seal to be visible to the River Authority.

· FINANCIAL SOUNDNESS: Respondents must demonstrate financial soundness and the ability to successfully perform the requirements of this solicitation. To satisfy this minimum qualification, respondents shall provide audited annual financial statements for the three (3) most recent fiscal years, most recent quarterly finances (unaudited) a list of subcontractors.

· Include letter from the Surety, on their letterhead, indicating the respondent’s ability to be bonded per the requirements of the River Authority should a contract be awarded.

· Include letter from the Insurance Company, on their letterhead, indicating the respondent’s ability to be insured per the requirements of the River Authority, should a contract be awarded.

· The responding individual or business is not on the debarred vendor list with the River Authority, the State of Texas, or Federal Debarment List (sam.gov)

· Submittal documents including a cover sheet, Exhibit 1, Attachments A –H, and additional documents per the method described in SUBMISSION FORMAT.

SCHEDULE OF EVENTS

Following is a list of projected dates with respect to this solicitation:

The River Authority reserves the right to change the dates indicated above.

PRE-SUBMITTAL CONFERENCE AND WALKTHROUGH

A Pre-Submittal conference will be held at the San Antonio River Authority Main Office at 100 E. Guenther, Board Room, San Antonio TX, 78204, at 11:00 AM Central Standard Time, on April 7, 2026. A walkthrough will occur directly after the conclusion of the pre-submittal conference at Breckenridge Park, Donkey Barn Parking Lot, 950 East Hildebrand Ave, San Antonio, TX 78209. Respondents are encouraged to prepare and submit their questions in writing in advance, in order to expedite the proceedings. The River Authority’s responses to questions received in advance, may be distributed at the Pre-Submittal Conference and posted with this solicitation. Attendance at the Pre-Submittal Conference is optional, but highly recommended.

The San Antonio River Authority Main Office Building is accessible to persons with disabilities and is wheelchair accessible. Accessible parking and the building entrance are located at 100 E. Guenther Street. However, please note that the walkthrough location is not accessible by wheelchair.

Any oral responses provided by River Authority staff at the Pre-Submittal Conference are not confirmed until they are in writing and posted with this solicitation. Only written responses shall be official and all other forms of communication with any officer, employee or agent of the River Authority shall not be binding on the River Authority. Respondents are encouraged to resubmit their questions in writing, to the River Authority staff person identified in the Restrictions on Communication section, after the conclusion of the Pre-Submittal Conference.

CONTRACT TERM

The respondent shall provide the number of calendar days as requested on Exhibit 1. The proposed time will be used as an evaluation criterion.

Time of contract shall be in calendar days.

A calendar day is a day of twenty-four hours measured from midnight to the next midnight.

PRICING

The pricing shall include all labor, materials, services, supervision, inspections, permits, equipment and appliances required with, or properly incidental to all construction as described in all attachments and exhibits of this solicitation. Prices shall be firm for 120 days after the due date of this solicitation and shall be stated in Exhibit 1, Pricing Sheet. All prices must be typewritten using the excel document provided. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the contractor and included in the response prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, respondent MUST indicate the items required and attendant costs or forfeit the right to payment for such items.

The submitted unit prices should not include sales tax on materials and tangible equipment used in the performance of the contract. The Authority will furnish the contractor with a tax exemption certificate to be issued to his retailer in lieu of the tax.

Where unit pricing, extended pricing and/or total pricing differ, unit pricing prevails.

PRICE ADJUSTMENTS

Price adjustments will not be allowed for this project unless a change in scope is approved that increases or decreases the amount of work required.

Requests for changes in scope must be submitted in writing with documentation that provides justification for the change and supporting evidence that describes the basis for the cost change.

Upon receipt of such request, the River Authority reserves the right to either: accept the proposed change as competitive with the original agreed upon proposed unit pricing at the time and issue appropriate authorizations or reject the increases after receipt of a properly submitted request. No work shall be undertaken on a proposed change until authorized by the River Authority in the form of a Purchase Order change and/or other documentation appropriate to amending the contract.

The request can be sent by e-mail to: contracts@sariveruathority.org noting the solicitation number.

The River Authority reserves the right to accept, reject, or negotiate the proposed price changes.

QUANTITIES

The project requires complete and functional construction in accordance with this solicitation and all attached Exhibits. In submitting a response, the respondent is stating that they have reviewed the project drawings and specifications and understands their intent and has checked the quantities and dimensions and is asserting that the submissions is intended to account for all conditions and quantities to complete the project as described in the plans and specifications.

Regardless of the unit prices for key items that have been requested in this solicitation, the executed contract shall be a firm-fixed lump sum. As such, Contractor shall, in addition to the breakout pricing for evaluation purposes and Change Orders, submit a firm-fixed lump sum price that includes all costs to complete the work including but not limited to all labor to include subcontracted labor, supervision, equipment, material, permits, inspections, bonds, freight, transportation, storage, mobilization, demobilization, insurance, taxes other than sales and use taxes, duties, licenses, profit, mark-ups and overhead.

INSURANCE

The successful respondent will be required to maintain, at all times during performance of the contract, the insurance detailed below:

1. Premises/Operations

2. Independent Contractors

3. Products/Completed Operations

4. Personal Injury

5. Contractual Liability

6. Explosion/Collapse/Underground Property Damage (where applicable)

7. Pollution Liability (where applicable)

8. Endorsement for Unmanned Aircraft (Drones) (where applicable to Services)

9. Endorsement for watercraft (where applicable to Services)

$2,000,000 General Aggregate $2,000,000 Products/Completed Operations Aggregate $1,000,000 Personal Injury per occurrence $1,000,000 Each Occurrence

General Liability requires a per project aggregate limit or aggregate limits by Location endorsement.

$500,000 each accident, $500,000 policy limit for Disease $500,000 each employee for Disease

$1,000,000 Combined Single Limit Non-owned vehicles include the use of an employee’s personal vehicle in the Contractor’s business.

Respondent is liable for all direct and general damages, special damages and consequential damages River Authority may incur arising out of or resulting from the negligent acts or omissions of respondent, including any agent, officer, director, representative, employee, contractor or subcontractor of respondent. Acceptance of work of the respondent by the River Authority shall not constitute a release of the responsibility, obligations or liability of the respondent for any defect in the design, working drawings, specifications, documents or work performed by the respondent.

The River Authority shall be named as an additional insured and provide a Waiver of Subrogation in favor of the River Authority, its officials, agents, employees and volunteers for umbrella, general liability, and auto policy policies. The University of Incarnate Word shall be named as an additional insured and provide a Waiver of Subrogation in favor of the University of Incarnate Word, its officials, agents, employees and volunteers for umbrella, general liability, and auto policy policies. Respondent shall provide a waiver of subrogation for workers’ compensation policy.

All policies listed River Authority and University of Incarnate Word as an additional insured require endorsement that “other insurance” clause does not apply.

All policies require a 30 days-notice of cancellation or non-renewal if the respondent’s insurance is cancelled or non-renewed.

Insurance shall be carried with financially responsible insurance companies, licensed in the State of Texas, with an A.M. Best Rating of A (-) VI or better.

LIQUIDATED DAMAGES

The River Authority and the awarded contractor recognize that time is of the essence with respect to the Substantial Completion and Final Completion dates for the Project. Failure to achieve the applicable dates specified in the contract, plus any extensions thereof allowed in accordance with the contract will result in the assessment of delay liquidated damages or as otherwise agreed upon by the Parties in any amendment ("Amendment"). They also recognize the delays, expense, and difficulties involved in quantifying the actual loss suffered by the River Authority if the Work is not substantially complete on Time. Accordingly, instead of requiring any such proof, the River Authority and the awarded contractor agree that the awarded contractor shall pay the River Authority liquidated damages for delay (but not as a penalty) in the sum of SEVEN HUNDRED FORTY TWO DOLLARS ($742.00) per calendar day that expires after the time specified in the contract.

BONDS

A. Bid Bond

Respondent must submit a bid bond with a raised seal, in a form acceptable to the River Authority, made payable to San Antonio River Authority, executed by a corporate surety acceptable to the River Authority who is licensed pursuant to the Texas Insurance Code and listed on the United States Department of the Treasury’s Listing of Approved Sureties (Dept Circular 570) in the amount of 5% of the entire bid. The Bid Bond shall be valid for 120 days following the deadline for submission of bids. The Bid Bond must be accompanied by an original signed and notarized Power-of-Attorney bearing the seal of the issuing surety company and reflecting that the signatory to the bond is a designated Attorney-in-Fact.

If submitting a hard copy response, the respondent shall include the original hard copy bid bond with the raise seal.

If submitting electronically, the respondent shall submit a PDF (or other electronic format) of the original hard copy of the bid bond with their proposal. Respondents shall ensure that raised seal is visible. This may include shading over the embossed seal with a pencil prior to scanning to allow for the seal to be visible to the River Authority.

If respondent is not selected, the River Authority will not collect on the bond, but will keep the original document pursuant to the Local Government Records Act and applicable retention schedule. Any bids received without a Bid Bond will be disqualified.

Should the respondent to whom the Contract is awarded, refuse or neglect to execute the Contract and furnish the required bonds and required additional Post Bid Information within fourteen (14) days after notice of award of the Contract, or fail to successfully submit requested Supplemental information to support required additional Post Bid Information at the option of the River Authority, the respondents’ submission shall be treated as withdrawn; and at the option of the River Authority, the bid guaranty shall become the property of the San Antonio River Authority, not as a penalty, but as liquidated damages, or the River Authority may pursue any other action allowed by law.

B. Performance Bond

The awarded contractor shall provide a performance bond made payable to the San Antonio River Authority, executed by a corporate surety acceptable to the River Authority who is licensed pursuant to the Texas Insurance Code and listed on the United States Department of Treasury’s Listing of Approved Sureties (Dept. Circular 570) in the amount of the cost of the entire project. Said bond shall further provide coverage for all damages or losses resulting from the principal’s default. Said bond shall further guarantee the principal’s performance of all terms and obligations under this contract. Said bond must have attached thereto a Power of Attorney as evidence of the authority of the person executing the bond to bind the surety. This bond must be furnished in compliance with the statutory requirements of the Texas Government Code, chapter 2253. This bond must be executed and delivered to the River Authority prior to commencement of work under this contract. Any repairs exceeding the bond’s value must be approved separately, and Contractor must supply a supplemental performance bond, meeting the same requirements herein, to cover the incremental increase between this bond’s value and the cost of the repair.

C. Payment Bond

The awarded contractor shall provide a payment bond as a security for all persons supplying labor and material in the performance of the Project completion. Bond shall be made payable to the San Antonio River Authority, executed by a corporate surety acceptable to the River Authority who is licensed pursuant to the Texas Insurance Code and listed on the United States Department of Treasury’s Listing of Approved Sureties (Dept. Circular 570) in the amount of the cost of the entire project. Said bond shall further provide coverage for all damages or losses resulting from the principal’s default. Said bond shall further guarantee the principal’s payment of all terms and obligations under this contract. Said bond must have attached thereto a Power of Attorney as evidence of the authority of the person executing the bond to bind the surety. This bond must be furnished in compliance with the statutory requirements of the Texas Government Code, Chapter 2253. This bond must be executed and delivered to the River Authority prior to commencement of work under this contract. Any repairs exceeding the bond’s value must be approved separately, and Contractor must supply a supplemental bond, meeting the same requirements herein, to cover the incremental increase between this bond’s value and the cost of the repair.

D. Maintenance Bond

The awarded contractor shall provide a maintenance bond to guarantee Contractor will resolve all maintenance incidents on the Project for a 12 month period. Maintenance bond shall be made payable to the San Antonio River Authority, executed by a corporate surety acceptable to the River Authority who is licensed pursuant to the Texas Insurance Code and listed on the United States Department of Treasury’s Listing of Approved Sureties (Dept. Circular 570) in the amount of 10% the cost of the entire project. Said bond shall further provide coverage for all damages or losses resulting from the principal’s default. Said bond shall further guarantee the principal’s performance of all terms and obligations under this contract. Said bond must have attached thereto a Power of Attorney as evidence of the authority of the person executing the bond to bind the surety. This bond must be furnished in compliance with the statutory requirements of the Texas Government Code, chapter 2253. This bond must be executed and delivered to the River Authority prior to commencement of work under this contract. Any repairs exceeding the bond’s value must be approved separately, and Contractor must supply a supplemental bond, meeting the same requirements herein, to cover the incremental increase between this bond’s value and the cost of the repair.

RETAINAGE

In accordance with the Government Code Section 2252.032, The River Authority shall retain 5% of each payment request until final completion and acceptance of the contract work. Final completion shall be defined as the date when the River Authority determines the construction project to be 100% completed in accordance with the contract documents, as modified by any Change Orders agreed to by the Parties to include completion of punch list items annotated on the Substantial Completion certificate, so that the River Authority and/or Owner can utilize the Project for its intended use.

TAX EXEMPTION

The San Antonio River Authority is a political subdivision of the State of Texas, which is the reason for this claim of exemption from the Sales Tax. The San Antonio River Authority's tax-exempt number is 74-6011311.

The Contractor performing this contract may purchase all materials and supplies consumed in the performance of this contract by issuing to his retailer an exempt certificate in lieu of the tax, said exemption certificate complying with State Comptroller's Ruling No. 95-9.07. Any such exemption certificate issued by the Contractor in lieu of the tax shall be subject to the provisions of the State Comptroller's Ruling No. 95-0.09 as amended to be effective October 2, 1968.

The Contractor will be liable for payment of the Limited Sales and Use Tax if the Contractor uses the goods and services in some other manner for some other use than the reason listed above, and shall pay the tax based on the price paid for the goods and services.

The River Authority will furnish the Contractor with a Tax Exemption Certificate. It is the awarded contractor's responsibility to take all necessary action to establish tax exemption in accordance with the Texas Tax Code. The awarded contractor is totally responsible for maintaining auditable records to track tax exempt materials and tangible equipment.

PREVAILING WAGE RATES

The Provisions of Chapter 2258 of the Texas Government Code, and the “Wage and Labor Standard Provisions” expressly are made a part of the Contract. In accordance therewith, a schedule of the general prevailing rate of per diem wages in this locality for each craft or type of worker needed to perform the Contract shall be included in the project bid package prior to the bidding of the Project, Exhibit 2. The establishment of prevailing wage rates, pursuant to Chapter 2258 of the Texas Government Code, shall not be construed to relieve Contractor from its obligation under any Federal or State Law, regarding the wages to be paid to or hours worked by laborers, workmen or mechanics, insofar as applicable to the work to be performed hereunder. Contractor, in the execution of this Project, agrees it shall not discriminate in its employment practices against any person because of race, color, creed, sex, or origin. Contractor agrees it will not engage in employment practices which have the effect of discriminating against employees or prospective employees because of race, color, creed, national origin, sex, age, handicap or political belief or affiliation. This Contract provision shall be included in its entirety in any subcontract agreement entered into by the Contractor or any Subcontractor employed on the project.

ADDENDA AND MODIFICATIONS

Any changes, additions, or clarifications to the solicitation are made by amendments (addenda) and will be posted at purchasing.sara-tx.org. Any respondent in doubt as to the true meaning of any part of the solicitation or other documents may request an interpretation from the Procurement Department. At the request of the respondent, or in the event the Procurement Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Procurement Department. Such addendum will be attached to the original solicitation at purchasing.sara-tx.org and will become part of the solicitation package having the same binding effect as provisions of the original solicitation. It shall be the respondent(s)’s responsibility to ensure that they have received all Addenda in respect to this solicitation. Furthermore, respondents are advised that they must recognize and comply with each Addendum. Respondent(s)’s signature on Addenda shall be interpreted as the respondent’s recognition and compliance to official changes as outlined by the River Authority and as such are made part of the original solicitation documents. Failure of any respondent to receive any such addendum or interpretation shall not relieve such respondent from its terms and requirements. Addendums are available online at purchasing.sara-tx.org. No verbal explanations or interpretations will be binding. The River Authority does not assume responsibility for the receipt of any addendum sent to respondents.

The respondent shall properly acknowledge all addenda in the spaces provided in the Acknowledgment (Attachment H).

SUBMITTAL INSTRUCTIONS

All responses must be in the River Authority’s possession on or before the scheduled date and time (no late response will be considered). Respondents may submit a response in hard copy or electronically. The River Authority prefers electronic submissions. Electronic submissions shall be submitted through the River Authority’s third party portal, Bonfire, at: https://sara-tx.bonfirehub.com. Bonfire will not allow submissions after the published due date and time.

If a response is submitted electronically, the respondent shall submit a PDF (or other electronic format) of the original hard copy of the bid bond with their Proposal. Respondents should request an ink seal from their surety or shade over the embossed seal with a pencil prior to scanning to allow for the seal to be visible to the River Authority.

If a respondent prefers to submit in a hard copy, the respondent shall submit one (1) original signed document and (5) five copies. The original shall be clearly marked. In addition, the submittal shall be provided electronically on a USB drive. Submittals must be received, in a sealed envelope, at the San Antonio River Authority Main Office no later than published date and time on the cover sheet at the address below.

Hard Copy responses shall be submitted to:

Address:

San Antonio River Authority Attn: Procurement Solicitation # 00326 100 E. Guenther San Antonio, Texas 78204

Submittals sent by facsimile or email will not be accepted. Any submittal or modification received after this time shall not be considered, and will be returned, unopened to the respondent. Respondents should strive for early submission to avoid the possibility of rejection for late arrival.

Each respondent is responsible for taking the necessary steps to ensure their submission is received by the date and time noted herein. The River Authority is not responsible for missing, lost or late mail or any mail delays, internal or external, that may result in the submission arriving after the set time. The River Authority’s Procurement Department is not open for weekend or holiday deliveries.

A public opening will be conducted, respondent names and pricing will be read aloud following the solicitation due date and time. A tabulation sheet will not be published until a contract has been awarded.

SUBMISSION FORMAT

Each submittal shall be typewritten, single spaced and submitted on 8 ½” x 11” white paper. Font size shall be no less than 12-point type and be in full color. All pages shall be numbered and should be printed two-sided. Margins shall be no less than 1” around the perimeter of each page. Submittals shall be no longer than 80 pages total, front to back and shall include the documents listed below (excluding Solicitation Packet Attachments, Exhibit 1, Finances, and Special Documents). Websites or URLs shall not be submitted in lieu of the printed submittal or electronic submission.

Each submittal must include the sections and attachments in the sequence listed below, and each section and attachment must be indexed and divided by tabs and indexed in a Table of Contents page. If respondent is proposing as a team, provide the same information for each member of the team. The electronic submittal should be submitted in Adobe PDF and excel, with each separate section attached as a separate file.

Submission shall be in the following order:

A. COVER SHEET (maximum one page):

Including solicitation number and name, firm name, address, contact phone, fax, website and email address.

B. PRICING SHEET- EXHIBIT 1 (excluded from page count):

Completed and submitted electronically on USB drive in excel format.

C. BID BOND:

If submitting a hard copy response, the respondent shall include the original hard copy bid bond with the raise seal.

If submitting electronically, the respondent shall submit a PDF (or other electronic format) of the original hard copy of the bid bond with their proposal. Respondents shall ensure that raised seal is visible. This may include shading over the embossed seal with a pencil prior to scanning to allow for the seal to be visible to the River Authority.

D. SOLICITATION PACKET ATTACHMENTS (excluded from page count):

E. FINANCES (excluded from page count):

Provide the following documents to assess the respondent’s financial health:

1. Audited annual financial statements for the three (3) most recent fiscal years

2. Most recent quarterly finances (unaudited)

3. List of subcontractors on Attachment F will be contacted to ensure timely payment

Financial statements are to be titled ‘CONFIDENTIAL’. Financial information requested under this Proposal as a part of the evaluation process should be excepted from disclosure under the Texas Public Information Act by the exception in Tex. Gov’t Code Section 552.153. Any request made by a member of the public for this proprietary information, as submitted by the Respondent - where such information is not generally available to the public through regulatory disclosure or other means, the River Authority shall request an Attorney General decision on whether the information may be disclosed. Respondents are advised that the Attorney General makes the ultimate determination on whether information is protected from disclosure by an exception.

F. EQUIPMENT LIST - The respondent shall provide an equipment schedule of all owned equipment and rented equipment to be used on this project. The schedule shall include the year, make, model and description of the equipment. Include the hourly rates for the equipment should a contract be awarded.

G. EMPLOYEE RATES – The respondent shall provide a list of laborers, tradesmen and supervisors that are proposed work on the project. The rates will be used should a contract be awarded.

H. LETTER FROM SURETY -Include letter from the Surety, on their letterhead, indicating the respondent’s ability to be bonded per the requirements of the River Authority should a contract be awarded.

I. LETTER FROM INSURANCE COMPANY - Include letter from the Insurance Company, on their letterhead, indicating the Respondent’s ability to be insured per the requirements of the River Authority, should a contract be awarded.

J. SPECIAL DOCUMENTS

1. Proposed schedule

Failure to meet the above conditions may result in disqualification of the submittal or may negatively affect scoring.

PREPARATION OF RESPONSE

Responses MUST give full firm name and address of respondent, and be manually signed in the Acknowledgment, Attachment H. Failure to do so will disqualify your submittal. The person signing the response must show title or AUTHORITY TO BIND FIRM IN A CONTRACT. Firm name and authorized signature must appear on each page that calls for this information. The legal status of the respondent whether corporation, partnership, or individual, shall also be stated in the submittal. A corporation shall execute the submittal by its duly authorized officers in accordance with its corporate by-laws and shall also list the state in which it is incorporated. A partnership respondent shall give full names and business addresses of all partners. All partners shall execute the submittal. Partnership and individual respondent shall state in the submittal the names and addresses of all persons with a vested interest therein. The place of residence of each respondent, or the office address in the case of a firm or company, with county and state and telephone number, shall be given after the signature. Any costs associated with assembling this submittal will be at the sole expense of the Respondent.

INTERPRETATIONS

Any questions concerning the requirements or scope of work with regards to this solicitation shall be directed to the designated individuals as outlined herein. Such interpretations, which may affect the eventual outcome of this solicitation for Responses, shall be furnished in writing to all prospective respondents via Addendum. No interpretation shall be considered binding unless provided in writing by the River Authority in accordance with paragraph entitled “Addenda and Modifications”.

WITHDRAWAL

Responses may be withdrawn prior to the due date for submission. Written notice of withdrawal shall be provided to the Procurement Department. No response may be withdrawn after opening time without reasonable exception in writing and only after approval by the River Authority.

ALTERATIONS/AMENDMENTS TO RESPONSES

Responses CANNOT be altered or amended after the opening deadline. Alterations made before opening time must be initialed by Respondent guaranteeing authenticity.

TIME ALLOWED FOR ACTION TAKEN

The River Authority may hold responses 120 days after submittal deadline without taking action. Respondents are required to hold their Responses, including pricing, firm for same period of time.

EVALUATION PROCEDURES

The River Authority’s selection committee will conduct a comprehensive, fair and impartial evaluation of all submittals received. Each submittal will be analyzed to determine overall responsiveness, qualifications and value to the River Authority. The River Authority Procurement Department reserves the right to contact any respondent, at any time, to clarify, verify or request information with regard to any response. The River Authority shall evaluate each submission utilizing the following process:

a) Delivery/Project Schedule (FACTOR: 20%).

Ability to timely start and complete project. This includes the schedule to complete project and may include ability to meet required milestones of completion. For supplies, the estimated delivery after receipt of order.

b) Compliance with specifications, quality, reliability, characteristics to meet stated or implied needs (FACTOR 10%)

Compliance with the stated specification(s) coupled with the quality and reliability of the goods and services such as fitness for use that meets or exceeds Owner’s expectations and the characteristics of the product or service that bear on its ability to meet the stated/implied needs.

c) Indicators of Probable Performance under contract (FACTOR: 20%).

Indicators of probable performance under the contract to include: past respondents performance, financial resources and ability to perform, experience or demonstrated capability and responsibility, references, and the respondent’s ability to provide reliable maintenance agreements and support.

d) Price, Total Cost of Ownership (FACTOR: 50%).

The price of the items includes total cost of ownership, such as installation costs, life cycle costs, and warranty provisions.

The River Authority will not release information regarding the pricing, scoring or evaluation until a contract has been awarded.

QUALIFICATIONS OF RESPONDENTS

A. A contract may be awarded only after it has been determined that the highest ranked firm is qualified to perform the contract. Qualification checks will be made of all pertinent factors including: Financial resources or ability to obtain them; present or impending work commitments; safety record; record of past performance on comparable projects; business ethics and integrity; eligibility to receive an award under applicable laws and regulations; the necessary organization, experience, operational controls and technical skills or the ability to obtain them; and the necessary construction equipment or ability to obtain it, as may be needed to prosecute the work in an expeditious, safe and satisfactory manner.

B. If the proposed contractor does not have adequate equipment but plans to obtain it after contract award, a firm commitment in writing from the suppliers must be furnished to the River Authority. Also, if the contractor proposes to subcontract part of the work, they must provide information needed for the River Authority's evaluation of the subcontractor's capability.

DISQUALIFICATIONS OF RESPONDENTS

Listed are some of the causes which may be considered as sufficient for the disqualification of a respondent and the rejection of their submittal:

A. Incomplete submittal or failure to furnish Exhibits or Attachments at the time of the solicitation opening.

B. Inability to demonstrate that respondent meets minimum qualifications as stated in Section 4.

C. Not submitting an original bid bond with raised seal.

D. More than one submittal for the same work from an individual, firm, partnership or corporation.

E. Evidence of collusion among respondents.

F. Poor performance in the execution of work under previous contracts, as determined by the River Authority.

G. Being in arrears on existing contracts, in litigation with the River Authority, or having defaulted on a previous contract.

H. Poor safety record, as determined by the Authority, including any injuries to worker's and third parties due to the Contractor's work.

I. Lack of comparable project experience.

AWARD OF CONTRACT

The River Authority shall award the contract to the highest evaluated firm that provides the best value.

The River Authority may reject any and all responses or line items at the River Authority’s sole discretion.

The River Authority reserves the right to accept or delete any item or group of items on this response, unless the respondent qualifies his/her Response by specific limitations.

Breaking of tie responses shall be in accordance with Section 271.901 of the Texas Local Government Code.

RIGHT TO REJECT/ AWARD

The River Authority reserves the right to refuse and reject any or all submittals, to waive any or all formalities or technicalities, accept the response or portions of the response, and to make such awards of contract(s) as may be deemed to be in the best interest and most advantageous to the River Authority, considering the relative importance and other evaluation factors specified herein.

RESTRICTIONS ON COMMUNICATION

Respondent(s) are prohibited from communicating with: 1) the River Authority Board of Directors and River Authority staff regarding the solicitation or submittals from the time the solicitation has been released until the contract is posted as a Board agenda item; and 2) the River Authority employees from the time the solicitation 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 solicitation and/or submittal by Respondent. Violation of this provision by respondent and/or its agent may lead to disqualification of respondent’s submittal from consideration.

Exceptions to the restrictions on communication with the River Authority employees include:

A. Respondents may ask verbal questions concerning this solicitation at the Pre-Submittal Conference (if applicable) or submit clarification requests via email to the contact below.

B. Respondents may provide responses to questions asked of them by the Procurement Department after submittals are received and opened. The Procurement Department may request clarification to assist in evaluating respondent’s response. The information provided is not intended to change the response in any fashion. Such additional information must be provided within two (2) business days from the River Authority’s request. Respondents may also respond to requests by the Procurement Department for best and final offers, which do allow respondents to change their response. Requests for best and final offers will be clearly designated as such.

Respondents shall direct all inquiries and communications concerning this solicitation to the Point of Contact(s) listed below:

Emily Hanson Senior Buyer

(210) 302-3603 ehanson@sariverauthority.org

INVITATION FOR RESPONSES PREPARATION COSTS

Issuance of this solicitation does not commit the River Authority, in any way, to pay any costs incurred in the preparation and submission of a response. All costs related to the preparation and submission of this solicitation shall be borne by the respondent.

ANTI-LOBBYING PROVISION

During the period between solicitation submission date and the contract award, respondents, including their agents and representatives, shall not directly discuss or promote their response with any member of the Board of Directors or River Authority staff except in the course of River Authority-sponsored inquiries, briefings, interviews, or presentations. Violation of this provision may result in the rejection of the respondent's response and disqualification from future consideration of a similar solicitation.

CONFIDENTIAL INFORMATION & SECURITY

Any information deemed to be confidential by the respondent should be clearly annotated on the pages where confidential information is contained, clearly identifying as confidential. The River Authority cannot guarantee that it will not be required to disclose all or part of any public record under Texas Public Information Act, since information deemed to be confidential by the respondent may not be confidential under Texas Law, or pursuant to a Court order.

Should the successful respondent be awarded a contract and become the holder of, and have access to, confidential information, (in the process of fulfilling its responsibilities in connection with the contract), the successful respondent agrees that it shall keep such information confidential and will comply fully with the laws and regulations of the State of Texas, ordinances and regulations of the River Authority, and any applicable federal laws and regulations relating to confidentiality.

DEBRIEFS

After the contract has been awarded all submissions will be open for public inspection, and the unsuccessful respondent(s) may request a debriefing regarding their submittal. Please contact the Procurement Department to request a debriefing within 60 days of notice of award. An in-person meeting with the Procurement Department and the using Division will be scheduled within a reasonable time.

BUSINESS OVERVIEW – ATTACHMENT A

Respondent shall complete the Business Overview Questionnaire as applicable per Attachment A. Subcontractors do not need to complete this form, unless they are a co-respondent as defined on Attachment A.

DEVIATION FROM SPECIFICATION/CLARIFICATIONS – ATTACHMENT B

Please read the requirements thoroughly and be sure that your response complies with all requirements/specifications noted. Any variation from the solicitation requirements/ specifications must be clearly indicated in Attachment B, on a point-by-point basis, attached to and made a part of your response.