AHA-IFB-2026-003 Deegan Pergola Final.pdf

IFB# AHA-2026-003 New Community Pergola Construction

1149 E. South 11th Street • Abilene, Texas 79602

Invitation For Bids (IFB)

New Community Pergola Construction - Deegan Senior

Apartments

Date Issued August 19, 2026

IFB # AHA-2026-003

Closes September 18, 2026 @ 5:00 PM CDT

Meghan Monson, Special Projects Analyst

Prepared by Patterson & Associates Consulting, LLC for the Abilene Housing Authority https://maps.app.goo.gl/M1LK6Y6gvpEY7cZu8

TABLE OF CONTENTS

TABLE OF CONTENTS 2

I. AHA Background, IFB Objective(s), Evaluation, and Information 3

A. AHA’s Background, Mission, and Impact 3

B. IFB Objective(s) 3

C. IFB Information and Timeline: 4

D. Bid Evaluation Process: 5

E. Submission Requirements 6

II. Scope of Work 10

A. General Scope of Work 10

B. Contractor Responsibilities 11

III. Exhibits & Attachments 17

A. HUD & Federal Form Exhibits 17

IV. Forms & Attachments 17

A. Federal 17

B. AHA and State of Texas Forms 17

I. AHA Background, IFB Objective(s), Evaluation, and Information

A. AHA’s Background, Mission, and Impact

(1) The Abilene Housing Authority (AHA) is committed to providing quality affordable housing in a suitable living environment to low- and moderate-income individuals and families without discrimination; and to creating economic opportunities for our customers to become self-sufficient.

(2) Our Mission and Impact: AHA is changing the face of affordable and attainable housing opportunities by providing low-income rental possibilities that enable our clients to flourish in the community. AHA accomplishes this by assisting our clients in elevating themselves to the next level of self-sufficiency and personal responsibility through life-changing programs. Through its real estate development program, AHA also delivers stable investment opportunities for our development partners. The Abilene Housing Authority owns 213 Public Housing units and administers 1,803 Housing Choice Vouchers in 20 Counties across West Central Texas. AHA also owns a 48-unit Senior Tax Credit property in conjunction with a developing partner that administers 19 Project- Based Vouchers (PBVs) and 3 market-rate units within the 48 units.

B. IFB Objective(s)

(1) Objective of this Solicitation: The Abilene Housing Authority (AHA) is soliciting sealed bids from qualified, licensed, and insured contractors to furnish all labor, supervision, materials, equipment, tools, permits, inspections, transportation, and incidentals necessary to construct a new covered pergola at the Deegan Apartments Community Building located at 3402 Rebecca Lane, Abilene, TX 79603.

(2) Qualifications: All work must be performed in accordance with the specifications, plans, and unit scopes outlined in this IFB, including diagrams, plans, and attachments with work specifications. The Contractor is expected to evaluate existing conditions and adapt construction methods as necessary to complete all work safely and in a reasonable timeframe. The Contractor shall provide all labor, materials, equipment, supervision, permits, and incidentals necessary to construct the new covered pergola in accordance with the Contract Documents, drawings, and specifications. The Contractor shall demonstrate experience with construction projects of similar size and complexity and comply with all applicable federal, state, and local laws, codes, and regulations.

(3) Goal: Construct a new covered pergola at the Deegan Apartments Community Building to enhance the property's outdoor gathering space for residents. AHA intends to award a contract to the lowest responsive and responsible bidder whose bid is determined to be in the best interest of the Authority.

C. IFB Information and Timeline:

Table C-1: Solicitation Activity Date or Target Date

1. AHA Contact for this solicitation Meghan Monson, Special Project Analyst meghan.monson@abileneha.org

2. Solicitation Issued August 19, 2026

3. How to Obtain the IFB

The IFB will be posted online at AHA’s website, as well as at Housing Agency Marketplace (https://ha.internationaleprocurement.com/)

4. Pre-Bid Conference (Pre-Bid Walkthrough)

August 28, 2026, at 11:30 AM 3402 Rebecca Ln, Abilene, TX 79606

5. Question submittal deadline September 4, 2026, at 5:00 PM

Please submit questions at https://ha.internationaleprocurement.com/

6. Response Deadline: 5:00 PM CDT On: September 18, 2026

7. Bid Submission

1. Updates and addenda, including responses to questions will be posted in the eProcurement Marketplace website;

And

2. All bids to be submitted online as a PDF document uploaded as part of the online form: CLICK HERE.

8. Post-Submission Questions (Available after the Response Deadline only) *All inquiries submitted after the Response Deadline must be submitted through the designated Post-Submission Questions link.

Emailed inquiries will not be answered.

To submit questions regarding the status of the solicitation, CLICK HERE.

(1) AHA reserves the right to modify this schedule at its discretion. Notification of changes in connection with this solicitation will be made available to all interested parties via online notifications and/or an emailed Addendum.

mailto:meghan.Monson@abileneha.org https://ha.internationaleprocurement.com/ https://ha.internationaleprocurement.com/ https://automate.pac-llc.net/262014525972961 https://app.smartsheet.com/b/form/42c8896f4c3e44e5b76214fce1076230

(2) This Invitation For Bids (IFB) contains specific submission requirements, a scope of work, as well as terms, conditions, and other pertinent information necessary for submitting a bid.

D. Bid Evaluation Process:

(1) Public Opening: Each submission will be internally reviewed to establish responsiveness.

The reviewer will ensure that all required materials are included and that no obvious deficiencies are evident. AHA reserves the right, in its sole discretion, to waive any informalities or minor irregularities and/or permit the cure of such deficiencies if it serves its best interests to do so. Any submission that fails to include all materials requested under this solicitation may be deemed non-responsive and, if determined to be non-responsive by AHA, will not be rated or ranked.

a. AHA reserves the right to accept or reject in part or reject all bids and to resolicit new bids. AHA may also reject any bids that are incomplete or non-responsive, or that are submitted after the deadline.

(2) Responsive Evaluation: After the public opening, the bid submittals received will be evaluated in private for responsiveness (i.e., meets the minimum requirements). Firms not meeting the minimums that are deemed to be non-responsive will be notified of such in writing by the AHA in a timely manner (in any case, in no less than 5 days after such determination is made).

(3) Responsible Evaluation: The AHA will evaluate each bid submitted as to responsibility

(i.e., a firm that is qualified, responsible, and able to provide the required services to the AHA). If the AHA claims that such a firm has the required ability, capability, experience, knowledge, licensing, insurance, and resources to provide the required services, the AHA may proceed with an award as detailed herein. If the AHA determines that such a firm is deemed to be not responsible, such a firm will be notified of such in writing by the AHA in a timely manner (in any case, in no less than 5 days after such determination is made); in such case, the AHA may proceed with the noted Responsive and Responsible Evaluations with the next lowest bidder.

a. Depending on the amount of the award, it is possible that the AHA may take such contract award to the AHA Board of Commissioners (BOC) for approval of the award prior to executing a contract with the apparent successful bidder.

b. AHA reserves the right to accept or reject in part or reject all bids and to resolicit new bids. AHA may also reject any bids that are incomplete or non-responsive, or that are submitted after the deadline.

E. Submission Requirements

(1) Bid Submission (Upload a PDF version via AHA’s Online Submission Form)

a. The response to this IFB shall be submitted in the manner described in this Section.

Failure to submit the Bid in the manner specified may be cause for elimination of that Bidder from consideration for the award.

b. Any submission received after the specified date and time will not be considered.

Submissions must be made electronically through the online submission form using the link provided above. It is the responsibility of the bidder to ensure successful submission prior to the deadline.

c. A bid will be considered responsive only if all required documents listed below are submitted by the bid due date and time.

Tab # Description

Form of Bid (Attachment A). This Online Form is at the link to this IFB document. This 1-page Form must be fully completed, executed where provided thereon and submitted online as a part of the bid submittal. Use link above to access.

2 HUD 5369-A (see Section IV).

3 Bid Bond. If required, as detailed below under (3) Bid Bond.

4 Bid Price Sheet (Attachment C).

Licensing. Submit under this tab, copies of all licenses, registrations, or permits required to legally perform the work within the State of Texas, the County of Taylor, and/or the State of Texas. See the Attachment AHA Minimum Insurance Requirements.

Construction Approach. (One page maximum) Provide a brief description of the proposed approach to completing the project, including the anticipated schedule, site safety practices, and quality control procedures.

Profile of Firm Form (Attachment D). The Profile of Firm Form is attached hereto as Attachment D to this IFB document. This 2-page Form must be fully completed, executed and submitted under this tab as a part of the bid submittal.

Client Information & References. Submit the completed Business References Form identifying former and/or current clients, including Public Housing Authorities, for whom the Bidder has performed similar construction projects of comparable scope.

https://automate.pac-llc.net/262014525972961

Tab # Description

Subcontractor/Joint Venture Information (Optional Item, Listing of Proposed Subcontractors Form). The bidder shall identify hereunder whether or not he/she intends to use any subcontractors for this job, if awarded, and/or if the bid is a joint venture with another firm. Such information pertaining to subcontractors shall include for each such firm the: firm name; name of contact person; telephone and email address; and the State of Texas contractor license number. If no subcontractors are proposed at the time of bid, indicate “None."

Required Certifications and Forms (see Section IV).

1. Form SF-LLL

2. HUD Form 50071

3. Conflict of Interests Questionnaire Form CIQ

4. Company Biography

5. Section 3 Statement

6. Bidder’s Certification

7. Acknowledgement of Addendums

8. Form of Non-Collusive Affidavit

Exhibits (Optional Item) Bidder may include general information in this section if the Bidder believes it will assist AHA in evaluating their capabilities. (10-page limit)

Successful Bidder Requirements

Payment & Performance Bonds. As detailed below under (4) Performance Bond; (5) Payment Bond.

Insurance Certificates. The apparent successful bidder will also direct its insurance broker or carrier to deliver directly to the Agency (by email is preferred). See the Attachment AHA Minimum Insurance Requirements.

HUD-51000 Schedule of Amounts (if not already submitted)

Any other post-award contract documents deemed necessary.

(2) Entry of Proposed Fees. Unless otherwise stated herein, the proposed fees are all-inclusive of all related costs that the successful bidder will incur to provide, including, but not limited to: employee wages and benefits; clerical support; overhead; profit; licensing; insurance;

materials; supplies; tools; equipment; long-distance telephone calls; travel; and document copying not specifically agreed to by the AHA, etc.

a. Firm-fixed Fee to complete all the construction work detailed and within Attachments H for the pergola at Deegan Apartments.

(3) Bid Bond. The bid bond or guarantee shall be included in the bid package submitted by each bidder for any proposed fee that is greater than $100,000 (please see Submission Requirements, Tab 4). This bond ensures that if awarded the contract, the bidder will accept and perform the work under the contract. It also ensures that the bidder will not attempt to withdraw or otherwise not fulfill the contract. Finally, the bid bond ensures that the bidder will execute the contractual documents that are required within the time specified in the solicitation or forfeit all or part of the guarantee. A certified check, bank draft, U.S.

Government Bonds at par value, bid bond secured by an acceptable surety company, or other negotiable instrument may be accepted as a bid guarantee. If the successful bidder refuses to sign the contract after award, the bid bond is forfeited, and the award will then go to the next lowest responsive and responsible bidder. If a bid bond or guarantee is not submitted with the bid, the AHA will reject the bid as non-responsive. The AHA anticipates that it will not return any bid bonds until the contract has been awarded and the required performance and payment(s) bonds have been furnished, until all bids have been rejected, or the time specified for acceptance of bids has expired. In fairness to the other bidders, the AHA may also choose to return the bid bonds if the AHA has a firm and reasonable assurance that the responsive and responsible bidder who submitted the lowest cost will execute the contract.

(4) Performance Bond. The performance bond is meant to ensure that the contract is successfully completed. The performance bond guarantees that if the Contractor is unable to complete the contract, the surety company will step in to finish the work. In the case of a letter of credit or cash escrow, the AHA may use these funds to complete the contract work.

(5) Payment Bond. The payment bond is a method of ensuring that the Contractor pays the subcontractors and suppliers. By requiring payment bonds, the AHA avoids becoming entangled in disputes concerning payment of subcontractors and suppliers by the general contractor. The surety underwriting the payment bond ensures that the contractors and suppliers will be paid. Often, performance and payment bonds are combined into a single document. Failure to pay subcontractors for work performed in commercial contracts may often lead to the subcontractor filing a mechanic’s lien against the property owners to obtain payment for services rendered. The AHA contract requires the payment bond to prevent this problem and ensure that no lien will be filed against any AHA building or lot of ground. As a reminder, Clause 24 of form HUD-5370, General Conditions of the Contract for Construction (Attachment G-1 attached hereto) clearly forbids the placement of any liens and is binding on any contractor, subcontractor, and material supplier.

(6) Bonding Companies. An acceptable surety (bonding) company is one that is authorized to do business in the State of Texas and is acceptable to HUD and the Agency. The surety must be listed on the most recently published U.S. Treasury Circular 570 (often referred to as the T-List). Individual sureties are not permitted. Circular 570 is available from the U.S.

Department of the Treasury, Financial Management Service, Surety Bond Branch, Room #262C, 401 14th Street, S.W., Washington, D.C. 20227. The T-List may also be accessed on the Internet at: http://www.fms.treas.gov/c570/index.html .

http://www.fms.treas.gov/c570/index.html

(7) Bonding Requirements. In order to encourage participation by a broad range of competitors, including small and minority firms, HUD has provided for alternate bid and contract guarantees. These apply to all construction projects greater than $100,000 (though, at the AHA’s discretion, may apply to smaller projects), whether development or modernization, funded pursuant to the U.S. Housing Act of 1937, as amended. As a result, the contractors for all construction projects shall be required to submit the following bid and contract guarantees. Please note that only the bid bond is required at the time of bid;

however, one of the purposes of the bid bond is to provide the AHA with assurance that the successful bidder will indeed obtain the necessary performance and payment bonds. The required bonds include a bid guarantee from each bidder, equivalent to 5% of the bid price and, from the successful bidder, one of the following:

a. A performance and payment bond for 100% of the contract price; or,

b. Separate payment and performance bonds each for 50% of more of the contract price;

or,

c. A 20% cash escrow; or,

d. A 25% irrevocable letter of credit.

(8) Inadequate Surety. If the low bidder fails to provide an acceptable assurance of completion

(payment and performance bonds) after the award of the contract, the AHA may consider the bid guarantee forfeited and notify the surety company. The contract is then terminated for default. The amount to be recovered from the bid bond or guarantee will typically equal at least the difference between the defaulted bid and the next higher acceptable bid or the amount by which the bid accepted by re-soliciting exceeds the defaulted contract.

(9) Prior AHA Approval Required. Please note that the successful bidder shall NOT conduct any additional work without the prior written authorization of the AHA representative (via delivery of a Task Order, which may take the form of an e-mail). Failure to abide by this directive shall release the AHA of any obligation to pay the successful bidder for any work conducted without the noted prior written authorization.

II. Scope of Work

AHA is soliciting sealed bids from qualified, licensed, and insured contractors to furnish all labor, supervision, materials, equipment, tools, permits, inspections, transportation, and incidentals necessary to construct a new covered pergola at the Deegan Apartments Community Building located at: 3402 Rebecca Lane, Abilene, Texas 79603.

(1) The Contractor shall assume responsibility for any necessary correction of defective or incomplete work identified during construction, regardless of whether such work was performed by a previous contractor.

(2) The Contractor shall not rely solely on the drawings or scopes provided and shall verify all quantities, conditions, and requirements prior to submitting a bid.

A. General Scope of Work

The project consists of constructing one (1) covered pergola on the existing concrete patio adjacent to the Community Building in accordance with the architectural, structural, and engineering drawings and specifications included in this Invitation for Bids.

The existing concrete patio is approximately 32 feet by 16 feet and will remain in place. The Contractor shall verify existing conditions, dimensions, and elevations prior to construction and shall incorporate the existing slab into the completed work as shown on the construction drawings.

The work shall include, but is not limited to, the following:

• Mobilization and demobilization.

• Verification of existing site conditions and field measurements.

• Protection of existing sidewalks, pavement, landscaping, utilities, and adjacent building components.

• Layout of the pergola in accordance with the construction documents.

• Installation of all required structural anchors, epoxy anchors, embedded hardware, and foundation connections to the existing concrete slab as detailed in the structural drawings.

• Furnishing and installation of all structural framing members, beams, posts, rafters, purlins, roof framing, trim, brackets, and associated hardware.

• Installation of the complete roofing system, including roof decking, underlayment, flashing, drip edge, shingles, and all related accessories required for a complete weather-tight installation.

• Installation of cedar wood members, decorative brackets, trim, and architectural details shown on the plans.

• Installation of all fasteners, connectors, metal brackets, anchors, and hardware specified by the engineer.

• Coordination of any required utility protection during construction.

• Disposal of all construction debris and excess materials.

• Daily housekeeping and maintenance of a safe work area.

• Final cleaning of the project site upon completion.

• Correction of punch list items.

• Provision of all warranties, closeout documents, and as-built markups.

The Contractor shall furnish all materials necessary to complete the pergola as a complete, fully functional structure, whether specifically identified in the drawings or reasonably inferred to provide a finished installation.

The Contractor shall perform all work in accordance with the latest adopted International Building Code (IBC), International Residential Code (IRC) where applicable, City of Abilene requirements, applicable State of Texas regulations, manufacturer installation requirements, and the sealed architectural and structural drawings prepared for this project.

Any discrepancies between field conditions and the construction documents shall be reported to the AHA prior to proceeding with the affected work.

B. Contractor Responsibilities

(1) Access for Emergency Vehicles. The Contractor shall ensure that any equipment and/or vehicles that he/she places on the work site shall not be placed in such a position to interfere with access by any emergency vehicles or traffic by the public at large. The AHA reserves the right to approve or reject (and demand the movement) of the placement of such equipment or vehicles at any time during the performance of the contracted work if, in the opinion of the AHA, the placement of such equipment or vehicles does interfere with such traffic.

(2) As-built Record Documents. Do not use Record Documents for construction purposes; the documents shall be protected from loss in a secure location; provide access to Record Documents for the AHA’s reference.

a. If issued, maintain a clean, undamaged set of blue or black line white-prints of Contract Drawings and Shop Drawings. Markup these drawings to show the actual installation. Mark whichever drawing is most capable of showing conditions accurately. Give particular attention to concealed elements that would be difficult to measure and record at a later date.

(3) Build America, Buy America (BABA) Act Requirements. If applicable (meaning for construction projects greater than $250,000), by receipt of a contract award, it shall be the responsibility of the successful bidder to agree, certify, and eventually show proof that products provided and installed by the contractor are in full compliance with the requirements of the noted Act. More information is available at the following link:

https://www.hud.gov/baba.

(4) Communication. The AHA shall be the primary on-site point of contact for the Contractor pertaining to this work. The Contractor shall be free to converse and communicate with the

AHA during or between visits; however, all requests for changes or decisions shall be submitted to the AHA and approved by the Executive Director after receipt and consideration of a written request from the AHA. The AHA anticipates that it will typically make a decision in such matters within 3 workdays of receipt, though such response time frame may be shorter or longer depending on the situation; accordingly, the Contractor shall be required to submit such written requests in as timely a manner as reasonably possible. When construction commences, all communication must be directed to the designated AHA contact person only.

(5) Contract End Terms. Upon completion of the project, the Contractor must submit the following:

a. A separate payment request for retainage

b. A one-year warranty letter from the Contractor

c. Consent to Surety to Final Payment

d. Contractor’s Affidavit of Release of Liens

e. Contractor’s Certificate and Release

f. As-built drawings (Mark-ups delivered to AHA)

(6) Contractor’s Request for Payment. As detailed within Chapter 9, Procurement and

Contract Administration, of Handbook 7485.1.

a. The AHA is responsible for making progress payments. Typically, progress payments for acceptable work and materials delivered and stored on the site will be made at 30-day intervals.

b. Payment will be based on the percentage of work completed during a one-month period.

c. A 10% retention will be withheld on each payment request. A separate payment request for the return of the retention will be required at the completion of the work.

d. Request for Payment Forms. The Contractor shall submit a request for payment for this project on the following forms, each as may be appropriate:

Attachment No. Form Description

G-6

Form HUD-51000 (1/2014), Schedule of Amounts for Contract Payments;

NOTE: The AHA also retains the right to require any bidder (but most likely the apparent low bidder) to submit this fully completed form to the AHA at any point after the bid submittal deadline—this typically will occur when the AHA wishes to do an analysis of the bidder’s proposed cost to ascertain as to whether or not the bidder’s proposed cost is realistic, fair, and/or reasonable.

G-7 Form HUD-51001 (1/2014), Periodic Estimate for Partial Payment

G-8 Form HUD-51002 (1/2014), Schedule of Change Orders

G-9 Form HUD 51003 (1/2014), Schedule of Materials Stored

G-10 Form HUD-51004 (1/2014), Summary of Materials Stored

Attachment No. Form Description

G-11 Form HUD-5372 (1/2014), Construction Progress Schedule

G-12 All relevant Subcontractors Weekly Certified Payrolls must accompany the payment request, utilizing form WH-347

N/A Retainage. The Request for Payment form must list and clearly identify the retainage in the amount of 10% as a deduction to the subtotal of charges on the Request for Payment.

e. Review and Approval. The AHA will review each such Contractor request for payment and will approve the payment only if the following conditions are met. If the Contractor requests payment items which have not been completed in a satisfactory manner (“satisfactory,” as determined at the sole discretion of the AHA), the AHA shall hold payment for the unsatisfactory items and pay the balance of the request (i.e., the undisputed portion). The AHA shall ensure:

The request for payment is consistent with the AHA-approved schedule of amounts for contract payments; and, As further detailed within the preceding Section III.B.5.c herein, the total of the request for payment does not include the amount to be retained by the AHA under the contract (retention or retainage); and, The work covered by the request for payment has been performed in accordance with the construction documents; and, The Periodic Estimate for Partial Payment has been properly executed on all applicable supporting documentation submitted; and, The Contractor has submitted all required reports, such as payroll reports.

f. Distribution of Documents. The Contractor shall submit 2 original copies and 1 additional copy of all documentation required. The AHA shall retain the 2 original Periodic Estimate for Partial Payment requests and all applicable supporting documentation for its file and return 1 copy of all such forms to the Contractor.

(7) Debris. The Contractor shall clean work areas daily, at the end of the workday, of all work-generated debris which may endanger the safety of others (the public, AHA residents, etc.).

a. All work areas must be kept sanitary and clean of any trash. Debris from work must be removed from living areas.

b. The Contractor must examine the work area and determine any unsuitable work conditions.

c. Any required removal or replacement of this work caused by unsuitable conditions will be just cause for the Contractor to bear the expense. Notice of unsuitable conditions shall be brought to the AHA’s representative in written form.

d. The Contractor shall provide a construction dumpster as needed to dispose of and remove all debris. The use of the AHA dumpsters is prohibited.

(8) Delivery of Materials. The Contractor and each Subcontractor shall inspect the site and determine the availability of storage space and trucking facilities for bringing materials or equipment into the building, as well as any other factors affecting the work under this Contract.

a. Long-lead items should be ordered as soon as possible after contracts are signed to expedite shop drawings and the delivery of materials to the site. Advance planning will be important to ensure the timely delivery of materials.

(9) Final Inspection and Punch List. AHA shall provide one (1) final inspection site visit to develop the final Punch List when the following are completed:

a. All new construction and installations are 100% complete and operational.

b. A test-and-balance report has been completed and delivered to the AHA for review.

c. All final inspections and permits have been closed and delivered to the Contractor and AHA.

d. When the Contractor has completed all the required work and feels substantial completion has been achieved, the Contractor must document this and request that a final inspection and punch list be performed by the AHA. This will document the one (1) final inspection and punch list by AHA.

e. When the Contractor has completed all the punch list items, the Contractor shall document and request a final re-inspection by the AHA.

f. The AHA will provide one (1) final site visit for re-inspection of the punch list items.

g. If the AHA feels the punch list items have not been completed satisfactorily, notice will be given to the Contractor.

h. All punch list items must be completed at the time of substantial and final acceptance.

i. If the final punch list items are not complete at the time of the final inspection, the retention will be withheld until final acceptance by AHA.

(10) Layout and Dimensions. The Contractor and each Subcontractor shall verify and field-check all plan dimensions, elevations, and quantities for the existing building units within their respective responsibilities before proceeding with work. Discrepancies must be brought to the AHA's attention in writing for clarification or correction. Any Contractor failing to exercise such precautions shall be held responsible for the cost of correcting any resulting errors.

(11) Maintenance Manuals (if applicable). Organize maintenance data into sets of manageable size. Bind in individual heavy-duty 2-inch, 3-ring vinyl-covered binders, with pocket folders for folded sheet information. Mark identification on the front and spine of each binder.

Include the following information:

a. Maintenance Emergency Instructions

b. Spare parts list

c. Copies of warranties

d. Wiring diagrams

e. Recommended “turnaround” cycles

f. Inspection procedures

g. Shop Drawings and Product Data

(12) “Or Equal” Specifications. Herein, or within the attached specifications, whenever the

AHA has listed a specific brand name, the words “or equal” shall automatically apply thereto.

This term “or equal” means that the apparent successful bidder may propose to provide an alternate product as long as such proposed alternate product, in the opinion of the AHA, meets the minimum specifications. As detailed within Section 9.3.B.3 of HUD Procurement Handbook 7460.8 REV 2, brand names are listed herein for “establishing design and quality standards” for the product identified. If a bidder wishes to provide a different product than the product the AHA has identified, the AHA will be pleased to respond to any specific written request from a bidder with a listing of the “essential characteristics” for any such product (the bidder may also, if he/she wishes, wait to see if the firm is the apparent successful bidder then submit such written request after the bid submittal deadline when the AHA will evaluate such alternate products, if submitted).

(13) Payroll Reports. The Contractor shall, during the term of the work, within 7 days of the end of any weekly payroll period, forward to the AHA a copy of the weekly payroll.

a. The Contractor is hereby made aware that the AHA will conduct periodic on-site wage surveys of the Contractor's staff working at the site. It is the responsibility of the Contractor to ensure that such work staff cooperates fully with the AHA interviewer. Relating to such interviews, please also see form HUD-11 (08/2004), Attachment G-13, attached hereto.

(14) Permits. The Contractor shall obtain any and all required permits pertaining to any assigned work at his/her expense.

(15) Required Licensing. The Contractor(s) shall be in possession of any current and appropriate licensing, registrations, and permits that may be required by the City of Abilene, Taylor County, and/or the State of Texas for the performance of the Work. The Contractor shall be duly registered and authorized to conduct business in the State of Texas. The Contractor shall comply with all applicable provisions of the Texas Occupations Code, the Texas Local Government Code, and all applicable federal, state, and local laws, codes, ordinances, and regulations governing the Work. The Contractor shall maintain all licenses, registrations, and permits required to perform the Work.

(16) Retainage. Retainage for this work shall be in the amount of 10 percent, applied to each payment until final payment, at which time all retainage held will be paid by the AHA to the Contractor.

(17) Safety. It shall be the responsibility of the Contractor to ensure, at all times during the performance of the work, to the maximum extent feasible, to protect the safety of AHA residents and staff, the Contractor's staff, subcontractors, and the public. This shall include, but not be limited to, compliance with all OSHA-related Federal and local laws, codes, and regulations.

(18) Security during Work. The Contractor shall take all means necessary to maintain the security of the area in which they are working. These security measures must be carried out on a twenty-four-hour basis, not just during normal work hours.

(19) Site Assessment. The Contractor and contracted subcontractors are strongly encouraged to examine the project site before submitting a bid.

a. A Pre-bid Conference and walk-through is scheduled as noted within C. IFB

Information and Timeline.

b. Additional site visits after the Pre-bid Conference may be scheduled. The Contractor must contact the AHA Contact Person listed within C. IFB Information and Timeline to schedule a site visit. Allow a minimum of three (3) business days to schedule an appointment. Unscheduled visits are prohibited.

(20) Temporary Facilities. It shall be the responsibility of the Contractor to provide any temporary facilities that may be required, including, but not limited to, temporary toilets, water, fencing, barricades, lighting, planking, signage, guardrails, etc. Accordingly, it shall be the responsibility of the Contractor to secure and maintain such items during the term of the work.

(21) Time Completion. The Contractor shall commence work under the ensuing contract on a date to be specified in the Notice to Proceed (NTP) form issued by the AHA and shall fully complete all work thereunder within 180 calendar days of execution of the NTP. NOTE:

Any bidder with concerns regarding the noted time of completion may raise them at the Pre-bid conference. Normal working hours shall be Monday through Friday, 8:00 AM to 5:00 PM. All other working hours require pre-approval. Provide a minimum of five (5) working days for approval and planning.

(22) Tools/Equipment/Materials. The Contractor shall ensure that at all times during the work, tools, equipment, and materials are handled, placed, and stored in a secure and safe manner so as to protect all parties, including, but not limited to, the Contractor's workers, AHA tenants and staff, and the public at large. The Contractor shall ensure that during non-working hours, such items are not left unattended on the job site when such safety may be compromised. If applicable, it will be important that traffic areas are clear for access and egress.

(23) Weekends. Unless otherwise approved by the AHA in writing, the Contractor shall not perform work on AHA property during a holiday or weekend days (Saturday or Sunday).

(24) Work Standards. It is the Contractor's responsibility to ensure that each worker provided by the Contractor is fully trained and qualified to perform any assigned work. Accordingly, all work provided shall be guaranteed by the Contractor to be performed in a workmanlike manner and in accordance with all applicable laws, codes, and/or regulations, including those issued by, but not limited to, the Taylor County (and/or, if applicable, any city jurisdiction therein in which work will be performed), and/or the State of Texas, or any applicable Federal AHA. Smoking is prohibited within the building and on the building's property boundaries.

III. Exhibits & Attachments These forms and attachments do not need to be returned as part of the response package.

A. HUD & Federal Form Exhibits

1. HUD Form 5369, Instructions to Bidders for Contracts

2. HUD Form 5372, Construction Progress Schedule

3. HUD Form 5370-EZ, General Contract Conditions for Small Construction/Development

Contracts

4. HUD Form 51000 Schedule of Amounts for Contract Payments

5. 2026 Davis-Bacon Wage Rate

6. Certificate of Insurance (AHA Minimum Insurance Requirements are attached)

IV. Forms & Attachments These forms and attachments must be returned with the bid response.

A. Federal

1. HUD Form 5369-A, Representations, Certifications, and Other Statements of Bidders

2. Form SF-LLL, Disclosure of Lobbying Activities

3. HUD Form 50071 Certificate of Payments to Influence Federal Transactions

B. AHA and State of Texas Forms

1. Form of Bid (online submission form)

2. Bid Price Sheet

3. Certificate of Interested Parties Form 1295 https://www.ethics.state.tx.us/filinginfo/1295

4. Conflict of Interest Questionnaire Form CIQ

5. Profile of Firm Form

6. Company Biography

7. Listing of Proposed Subcontractors

8. Section 3 Statement

9. Bidder’s Certification

10. Acknowledgment of Addendums

11. Business References

12. Form of Non-Collusive Affidavit https://www.ethics.state.tx.us/filinginfo/1295

III. Exhibits & Attachments

A. HUD & Federal Form Exhibits

Previous edition is obsolete form HUD-5369 (10/2002)

Instructions to Bidders for Contracts Public and Indian Housing Programs

U.S. Department of Housing and Urban Development Office of Public and Indian Housing

Instructions to Bidders for Contracts Public and Indian Housing Programs

Table of Contents Clause Page

1. Bid Preparation and Submission 1

2. Explanations and Interpretations to Prospective Bidders 1

3. Amendments to Invitations for Bids 1

4. Responsibility of Prospective Contractor 1

5. Late Submissions, Modifications, and Withdrawal of Bids 1

6. Bid Opening 2

7. Service of Protest 2

8. Contract Award 2

9. Bid Guarantee 3

10. Assurance of Completion 3

11. Preconstruction Conference 3

12. Indian Preference Requirements 3

1. Bid Preparation and Submission

(a) Bidders are expected to examine the specifications, drawings, all instructions, and, if applicable, the construction site (see also the contract clause entitled Site Investigation and Conditions Affect-ing the Work of the General Conditions of the Contract for Construc-tion). Failure to do so will be at the bidders’ risk.

(b) All bids must be submitted on the forms provided by the Public Housing Agency/Indian Housing Authority (PHA/IHA). Bidders shall furnish all the information required by the solicitation. Bids must be signed and the bidder’s name typed or printed on the bid sheet and each continuation sheet which requires the entry of information by the bidder. Erasures or other changes must be initialed by the person signing the bid. Bids signed by an agent shall be accompanied by evidence of that agent’s authority. (Bidders should retain a copy of their bid for their records.)

(c) Bidders must submit as part of their bid a completed form HUD- 5369-A, “Representations, Certifications, and Other Statements of Bidders.”

(d) All bid documents shall be sealed in an envelope which shall be clearly marked with the words “Bid Documents,” the Invitation for Bids (IFB) number, any project or other identifying number, the bidder’s name, and the date and time for receipt of bids.

(e) If this solicitation requires bidding on all items, failure to do so will disqualify the bid. If bidding on all items is not required, bidders should insert the words “No Bid” in the space provided for any item on which no price is submitted.

(f) Unless expressly authorized elsewhere in this solicitation, alter-nate bids will not be considered.

(g) Unless expressly authorized elsewhere in this solicitation, bids submitted by telegraph or facsimile (fax) machines will not be considered.

(h) If the proposed contract is for a Mutual Help project (as de-scribed in 24 CFR Part 905, Subpart E) that involves Mutual Help contributions of work, material, or equipment, supplemental informa-tion regarding the bid advertisement is provided as an attachment to this solicitation.

2. Explanations and Interpretations to Prospective Bidders

(a) Any prospective bidder desiring an explanation or interpretation of the solicitation, specifications, drawings, etc., must request it at least 7 days before the scheduled time for bid opening. Requests may be oral or written. Oral requests must be confirmed in writing.

The only oral clarifications that will be provided will be those clearly related to solicitation procedures, i.e., not substantive technical information. No other oral explanation or interpretation will be provided. Any information given a prospective bidder concerning this solicitation will be furnished promptly to all other prospective bidders as a written amendment to the solicitation, if that information is necessary in submitting bids, or if the lack of it would be prejudicial to other prospective bidders.

(b) Any information obtained by, or provided to, a bidder other than by formal amendment to the solicitation shall not constitute a change to the solicitation.

3. Amendments to Invitations for Bids

(a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

(b) Bidders shall acknowledge receipt of any amendment to this solicitation (1) by signing and returning the amendment, (2) by identifying the amendment number and date on the bid form, or (3) by letter, telegram, or facsimile, if those methods are authorized in the solicitation. The PHA/IHA must receive acknowledgement by the time and at the place specified for receipt of bids. Bids which fail to acknowledge the bidder’s receipt of any amendment will result in the rejection of the bid if the amendment(s) contained information which substantively changed the PHA’s/IHA’s requirements.

(c) Amendments will be on file in the offices of the PHA/IHA and the Architect at least 7 days before bid opening.

4. Responsibility of Prospective Contractor

(a) The PHA/IHA will award contracts only to responsible prospec-tive contractors who have the ability to perform successfully under the terms and conditions of the proposed contract. In determining the responsibility of a bidder, the PHA/IHA will consider such matters as the bidder’s:

(1) Integrity;

(2) Compliance with public policy;

(3) Record of past performance; and

(4) Financial and technical resources (including construction and technical equipment).

(b) Before a bid is considered for award, the bidder may be re-quested by the PHA/IHA to submit a statement or other documenta-tion regarding any of the items in paragraph (a) above. Failure by the bidder to provide such additional information shall render the bidder nonresponsible and ineligible for award.

5. Late Submissions, Modifications, and Withdrawal of Bids

(a) Any bid received at the place designated in the solicitation after the exact time specified for receipt will not be considered unless it is received before award is made and it:

(1) Was sent by registered or certified mail not later than the fifth calendar day before the date specified for receipt of offers (e.g., an offer submitted in response to a solicitation requiring receipt of offers by the 20th of the month must have been mailed by the 15th);

(2) Was sent by mail, or if authorized by the solicitation, was sent by telegram or via facsimile, and it is determined by the PHA/IHA that the late receipt was due solely to mishandling by the PHA/IHA after receipt at the PHA/IHA; or

(3) Was sent by U.S. Postal Service Express Mail Next Day Service - Post Office to Addressee, not later than 5:00 p.m. at the place of mailing two working days prior to the date specified for receipt of proposals. The term “working days” excludes weekends and observed holidays.

(b) Any modification or withdrawal of a bid is subject to the same conditions as in paragraph (a) of this provision.

(c) The only acceptable evidence to establish the date of mailing of a late bid, modification, or withdrawal sent either by registered or certified mail is the U.S. or Canadian Postal Service postmark both on the envelope or wrapper and on the original receipt from the U.S.

or Canadian Postal Service. Both postmarks must show a legible date or the bid, modification, or withdrawal shall be processed as if mailed late. “Postmark” means a printed, stamped, or otherwise placed impression (exclusive of a postage meter machine impres-sion) that is readily identifiable without further action as having been supplied and affixed by employees of the U.S. or Canadian Postal Service on the date of mailing. Therefore, bidders should request the postal clerk to place a hand cancellation bull’s-eye postmark on both the receipt and the envelope or wrapper.

(d) The only acceptable evidence to establish the time of receipt at the PHA/IHA is the time/date stamp of PHA/IHA on the proposal wrapper or other documentary evidence of receipt maintained by the PHA/IHA.

(e) The only acceptable evidence to establish the date of mailing of a late bid, modification, or withdrawal sent by Express Mail Next Day Service-Post Office to Addressee is the date entered by the post office receiving clerk on the “Express Mail Next Day Service-Post Office to Addressee” label and the postmark on both the envelope or wrapper and on the original receipt from the U.S. Postal Service.

“Postmark” has the same meaning as defined in paragraph (c) of this provision, excluding postmarks of the Canadian Postal Service.

Therefore, bidders should request the postal clerk to place a legible hand cancellation bull’s eye postmark on both the receipt and Failure by a bidder to acknowledge receipt of the envelope or wrapper.

(f) Notwithstanding paragraph (a) of this provision, a late modifica-tion of an otherwise successful bid that makes its terms more favorable to the PHA/IHA will be considered at any time it is received and may be accepted.

(g) Bids may be withdrawn by written notice, or if authorized by this solicitation, by telegram (including mailgram) or facsimile machine transmission received at any time before the exact time set for opening of bids; provided that written confirmation of telegraphic or facsimile withdrawals over the signature of the bidder is mailed and postmarked prior to the specified bid opening time. A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for opening of bids, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid.

6. Bid Opening All bids received by the date and time of receipt specified in the solicitation will be publicly opened and read. The time and place of opening will be as specified in the solicitation. Bidders and other interested persons may be present.

7. Service of Protest

(a) Definitions. As used in this provision:

“Interested party” means an actual or prospective bidder whose direct economic interest would be affected by the award of the contract.

“Protest” means a written objection by an interested party to this solicitation or to a proposed or actual award of a contract pursuant to this solicitation.

(b) Protests shall be served on the Contracting Officer by obtaining written and dated acknowledgement from —

[Contracting Officer designate the official or location where a protest may be served on the Contracting Officer]

(c) All protests shall be resolved in accordance with the PHA’s/ IHA’s protest policy and procedures, copies of which are maintained at the PHA/IHA.

8. Contract Award

(a) The PHA/IHA will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advan-tageous to the PHA/IHA considering only price and any price-related factors specified in the solicitation.

(b) If the apparent low bid received in response to this solicitation exceeds the PHA’s/IHA’s available funding for the proposed contract work, the PHA/IHA may either accept separately priced items (see 8(e) below) or use the following procedure to determine contract award. The PHA/IHA shall apply in turn to each bid (proceeding in order from the apparent low bid to the high bid) each of the separately priced bid deductible items, if any, in their priority order set forth in this solicitation. If upon the application of the first deductible item to all initial bids, a new low bid is within the PHA’s/IHA’s available funding, then award shall be made to that bidder. If no bid is within the available funding amount, then the PHA/IHA shall apply the second deductible item. The PHA/IHA shall continue this process until an evaluated low bid, if any, is within the PHA’s/IHA’s available funding. If upon the application of all deductibles, no bid is within the PHA’s/IHA’s available funding, or if the solicitation does not request separately priced deductibles, the PHA/IHA shall follow its written policy and procedures in making any award under this solicitation.

(c) In the case of tie low bids, award shall be made in accordance with the PHA’s/IHA’s written policy and procedures.

(d) The PHA/IHA may reject any and all bids, accept other than…