14-01 RFB OP-01-26.pdf

SUBMITTAL DEADLINE: AVAILABLE ON CITY OF SAN ANGELO - BONFIRE

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

City of San Angelo

REQUEST FOR BIDS

RFB OP-01-26 • Operations Lake Nasworthy Boat Ramp Construction Phase 1 https://cosatx.bonfirehub.com/

CITY OF SAN ANGELO, TEXAS PURCHASING DIVISION

72 West College Avenue, San Angelo, Texas 76903

325.657.4219 • sapurch@sanangelo.gov

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TABLE OF CONTENTS

INVITATION

1.1 General

1.2 Confidentiality

1.3 Document Availability

1.4 Insurance and Indemnification Requirements

1.5 Interpretations

1.6 Required Response

1.7 Pre-Bid Conference

1.8 Deadline and Submission

1.9 Addenda

1.10 Copies of Bid Tabulation Results

1.11 Award of Contract

1.12 Acceptance of Bid Content

1.13 Equal Employment Opportunity

1.14 Term of Performance

1.15 Liquidated Damages

1.16 Points of Contact

INSTRUCTIONS TO RESPONDENTS

2.1 Authorized Signature

2.2 Acceptance

2.3 Examinations of RFB Documents

2.4 Inspections

2.5 Corrections, Additions, or Deletions

2.6 Bid Form

2.7 Taxes

2.8 Modification or Withdrawal of Bids

2.9 Restrictions on Communication

2.10 Disqualification

2.11 Reservations

2.12 Bid Security

2.13 Security Forfeiture

2.14 Return of Security

2.15 Invoices and Payment

2.16 Gratuities

2.17 Warranty

2.18 Termination

2.19 Force Majeure

2.20 Assignment – Delegation

2.21 Waiver

2.22 Modifications

2.23 Interpretation – Parol Evidence

2.24 Applicable Law

2.25 Advertising

2.26 Right to Assurance

2.27 Equal Employment Opportunity

2.28 Conflict of Interest

2.29 Certificate of Interested Parties (Form 1295)

2.30 Taxes and Permits

2.31 Examination of Contract Documents

2.32 Familiarization with the Type of Work

2.33 Site Investigation

2.34 Soils Testing Specifications

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2.35 Subcontractors and Suppliers

2.36 Copies of Contract Documents

2.37 Performance and Payment Bond

2.38 Waiver of Performance and Payment Bonds

2.39 Employment Requirements and Wage Rates

2.40 Partial Award

2.41 Quantities are Approximate

2.42 Legal Venue

2.43 Funds – Price

2.44 Claims for Overcharges

2.45 Attachments

ATTACHMENTS

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INVITATION

1.1 General

The City of San Angelo Operations Department requests bids for the replacement of three boat ramps and three boat docks at the City owned Lake Nasworthy facilities of Beaty Rd., Knickerbocker Park, and South Concho Park

Estimated Length of Project: 180 Days

Estimated Start Date: May – April 2026

1.2 Confidentiality

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

1.3 Document Availability

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

Open Public Opportunities > RFB OP-01-26 / Lake Nasworthy Boat Ramp Construction Phase 1

1.4 Insurance and Indemnification Requirements

Insurance and indemnification requirements applicable to this project are detailed within the Special Insurance Rider. Please review the insurance and indemnification requirements with your insurance agent prior to submission.

1.5 Interpretations

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

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

1.6 Required Response

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

1.7 Pre-Bid Conference

A non-mandatory pre-bid conference will be held on February 26, 2026 at 10:00 a.m., located in the City Hall Annex Board Room at 301 W. Beauregard Ave and accessible via Zoom virtual conference (details on Bonfire events). Representatives of the City will discuss the project and answer questions regarding bid procedures.

1.8 Deadline and Submission

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

https://cosatx.bonfirehub.com/ https://cosatx.bonfirehub.com/projects https://cosatx.bonfirehub.com/projects

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

1.9 Addenda

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

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

1.10 Copies of Bid Tabulation Results

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

1.11 Award of Contract

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

1.12 Acceptance of Bid Content

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

1.13 Equal Employment Opportunity

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

1.14 Term of Performance

Contractor agrees to substantially complete work 180 calendar days after the date Work commences as established by the Notice to Proceed, except upon Change Order authorized under this contract or written amendment executed by the authorized representatives of the parties pursuant to the authority of their governing bodies.

1.15 Liquidated Damages

Timely completion of this project is necessary to minimize project impact to the public and internal stakeholders.

Should the Contractor not complete the work at the permitted site within the required time period, the City may, at its option, assess a $980.00 per day delinquent charge against the vendor until all work at the site is complete. Estimated Completion Time is 180 consecutive calendar days after long lead material items are delivered.

1.16 Points of Contact

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

San Angelo, Texas 76903 sapurch@sanangelo.gov

(325) 657-4219

Charles Michalewicz Public Works Projects Administrator City of San Angelo 301 W. Beauregard Avenue San Angelo, Texas 76903

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INSTRUCTIONS TO RESPONDENTS

2.1 Authorized Signature

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

2.2 Acceptance

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

2.3 Examinations of RFB Documents

Respondents are expected to examine all specifications, drawings, standard provisions, and instructions.

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

2.4 Inspections

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

2.5 Corrections, Additions, or Deletions

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

2.6 Bid Form

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

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

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

No alterations in bids or alterations made to the printed forms, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the vendor. Failure to consider all addenda prior to submitting a bid shall be at the risk of the vendor.

2.7 Taxes

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

2.8 Modification or Withdrawal of Bids

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

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2.9 Restrictions on Communication

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

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

Exceptions to the Restrictions on Communication with City employees include:

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

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

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

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

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

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

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

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

2.10 Disqualification

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

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

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

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

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

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

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2.11 Reservations

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

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

B. Extend the bid closing time and date.

C. Reissue a bid invitation or RFB.

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

2.12 Bid Security

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

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

2.13 Security Forfeiture

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

2.14 Return of Security

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

2.15 Invoices and Payment

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

Invoices will bear the name of the firm and will be addressed to the appropriate City Point of Contact, Contract Number (OP-01-26), and Purchase Order number. Invoices will be in itemized format and provide enough detail that demonstrates work performed.

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

2.16 Gratuities

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

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2.17 Warranty

2.17.1 Warranty-Price

The price to be paid by the City shall be that contained in vendor’s bid which vendor warrants to be no higher than vendor’s current prices on orders by others for products of the kind and specifications covered by this agreement for similar quantities under similar or like conditions and methods of purchase. In the event vendor breaches this warranty, the prices of the items shall be reduced to the vendor’s current prices on orders by others, or in the alternative, reduced to the vendor’s current prices on orders by others, or in the alternative, City may cancel this contract without liability to vendor for breach or vendor’s actual expense.

The vendor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the vendor for the purpose of securing business. For breach or violation of the warranty, the City shall have the right in addition to any other right or rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

2.17.2 Warranty-Product

Vendor shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the City. Vendor warrants that the goods furnished will conform to the specifications, drawings, and descriptions. Any warranties take effect on the contract effective date.

2.17.3 Safety Warranty

Vendor warrants that the product sold to City shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act (OSHA). In the event the product does not conform to OSHA standards, City may return the product for correction or replacement at the vendor’s expense. In the event vendor fails to make the appropriate correction within a reasonable time, correction made by City will be at vendor’s expense.

2.17.4 No Warranty by City against Infringements

As part of this contract for sale, vendor agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of any third person by way of infringement or the like. City makes no warranty that the production of goods according to the specification will not give rise to such a claim, and in no event shall City be liable to vendor for indemnification in the event that vendor issued on the grounds of infringement or the like. If vendor is of the opinion that an infringement or the like will result, he will notify City to this effect in writing within two weeks after the signing of the agreement. If City does not receive notice and a claim of infringement is made, vendor will indemnify, defend, and hold harmless City, its Council members, officials, agents, consultants, and employees free and harmless from and against any and all claims, suits, judgments, costs, penalties, fines, damages, and attorneys’ fees and expenses asserted by any person or persons. If vendor, in good faith, ascertains that production of the goods in accordance with the specifications will result in infringement or the like, this contract shall be void.

2.18 Termination

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

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2.19 Force Majeure

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

2.20 Assignment – Delegation

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

2.21 Waiver

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

2.22 Modifications

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

2.23 Interpretation – Parol Evidence

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

2.24 Applicable Law

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

2.25 Advertising

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

2.26 Right to Assurance

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

2.27 Equal Employment Opportunity

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

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

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

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

2.28 Conflict of Interest

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

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

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

2.29 Certificate of Interested Parties (Form 1295)

In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The law applies only to a contract of a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered on or after January 1, 2016.

Filing Process:

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

Information regarding how to use the filing application and the application are both available at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. Instructional videos are available under the heading Instructional Videos for Business Entities.

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

2.30 Taxes and Permits

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

http://www.legis.state.tx.us/tlodocs/84R/billtext/html/HB01295F.htm https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

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2.31 Examination of Contract Documents

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

2.32 Familiarization with the Type of Work

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

2.33 Site Investigation

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

2.34 Soils Testing Specifications

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

2.35 Subcontractors and Suppliers

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

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

2.35.1 Subcontractor Qualification

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

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

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

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

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

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

2.35.2 Suppliers

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

2.36 Copies of Contract Documents

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

2.37 Performance and Payment Bond

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

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

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

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

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

2.38 Waiver of Performance and Payment Bonds

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

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

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

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2.39 Employment Requirements and Wage Rates

2.39.1 General

The selected vendor shall comply with all requirements of the prevailing wage law of the State of Texas, Texas Government Code, Chapter 2258, including the latest amendments thereto.

The selected vendor and his subcontractors shall pay wage rates not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work as listed in the current Davis-Bacon wage rates.

The prevailing wage law does not prohibit payment of more than the general prevailing rate of wages.

2.39.2 Records

The selected vendor and each subcontractor shall keep an accurate record showing the names and occupations of all laborers, workers, and mechanics employed, together with the actual wages paid to each worker. At all reasonable hours, such records shall be open to inspection by the representatives of the City.

Certified Payrolls are to be submitted to the City’s representative weekly.

2.39.3 Penalty

If the selected vendor or any subcontractor fails to comply with the prevailing wage law, it shall forfeit to the City sixty dollars ($60.00) per day for each laborer, workman, or mechanic who is paid less than the specified rate, pursuant to §2258.023 of the Texas Government Code.

2.39.4 Hours of Labor

The selected vendor shall comply with all requirements of the hours of work on public works defined by Texas Government Code §650.001, including the latest amendments thereto, as an eight (8) hour workday. Violation of this provision is punishable by fine and imprisonment pursuant to §650.003 of the Texas Government Code.

2.39.5 Veterans Preference

Pursuant to Texas Government Code, §657.004, the selected vendor shall give preference in employment to honorably discharged veterans who were engaged in the services of the United States in time of war or conflict and who are and have been citizens of Texas for not less than five (5) years.

2.39.6 Prevailing Wage and Hour Decision

Chapter 2258 of the Texas Government Code requires contractors and subcontractors performing work on public works contracts to pay wages at a rate consistent with the rate prevailing in the area. Under federal law, the United State Department of Labor is required to maintain a prevailing Wage and Hour Decision for each geographical area. Compliance with the published decision meets the requirements of the Texas Government Code.

Additionally, all contractors and subcontractors must pay their laborers and mechanics not less than the prevailing wage rates and fringe benefits for corresponding classes of laborers and mechanics employed on similar projects in the area.

If the Wage Decision lists fringe benefits, you must either provide the benefits or pay the hourly equivalent in cash in addition to the predetermined wage.

Labor classifications not appearing on the Wage Decision will be deferred to the U.S. Department of Labor (DOL) for approval.

The selected vendor will be responsible for compliance with the applicable portion of Davis-Bacon and related acts and any such decision applicable at the time work is performed.

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2.40 Partial Award

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

2.41 Quantities are Approximate

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

2.42 Legal Venue

Tom Green County, Texas

2.43 Funds – Price

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

2.44 Claims for Overcharges

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

2.45 Attachments

In any instance where a provision of an attachment conflicts with the contents of this solicitation, this solicitation prevails as it pertains to instructions to bidders and the competitive bidding process.

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ATTACHMENTS

A. Bid Sheet (Excel)

B. Plan Set

C. Specifications

D. References and Subcontractor Information

E. City of San Angelo Owner’s Construction General Conditions (effective April 16, 2018) City of San Angelo Standard Performance Contract Terms (effective April 16, 2018) https://www.sanangelo.gov/324/Purchasing-Documents

F. Required Forms https://www.sanangelo.gov/324/Purchasing-Documents

3. ATTACHMENTS