City of La Marque 1111 Bayou Road

La Marque, Texas 77568

REQUEST FOR PROPOSALS

FOR CONSTRUCTION SERVICES

FOR ARPA #2473

Library A/C Installation and Restoration

This project is being supported, in whole, by federal award number [RCP-056096] allocated to the City of La Marque under the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) by the U.S. Department of the Treasury. All funds must be expended by December 31, 2026.

RFPs to be received on:

July 29, 2026 at 10:00 A.M.

Prepared By: Department of Purchasing

[Procurement Reference #2473]

American Rescue Plan Act (ARPA) Cover Letter/Notice

Request for Proposals (RFP) – Construction Services

Date: July 1, 2026

Re: Solicitation of Construction Services for the Library A/C Installation and Restoration funded with Coronavirus

State and Local Fiscal Recovery Funds (SLFRF) allocated under the American Rescue Plan Act (ARPA)

The City of La Marque has received an allocation from the American Rescue Plan Act (ARPA) Funds from the U.S. Department of Treasury and has elected to use these funds to complete the A/C replacement and restoration at the library. Sealed Proposals will be received at 1111 Bayou Rd La Marque, TX 77568 or bidsubmit.cityoflamarque.gov until 10:00 A.M., July 29, 2026. Proposals will be publicly opened and read in the Council Chambers (next door to City Hall), 1109-B Bayou Road at 10:15 a.m. Pre-bid conference is mandatory unless the bidder attended one at the library within the last six months. Bid documents and instructions are available at no cost on the city’s website at bidsubmit.cityoflamarque.gov. In conformance with all applicable statues, the general prevailing wage rates in the locality in which the work is to be performed have been ascertained, and such rates shall be the minimum paid for labor employed upon this project.

The City reserves the right to negotiate with any and all individuals or firms that submit bids. The City reserves the right to reject any and all bids.

The Sole Point of Contact for this solicitation may provide information regarding this RFP. Refer to the Schedule of Events and Selection Summary in Section 1 of this document for response details.

Respondent is responsible to ensure that their RFP response is received in a timely manner and that it contains all elements of the RFP including all required forms and any addendums issued. Respondent should complete the Solicitation Response Cover Sheet/Acknowledgement of Addenda/Submission Checklist contained in Attachment A and all other requirements identified in the RFP. RFP responses received after the deadline will not be opened and therefore not evaluated or considered for award, regardless of whether or not the delay was outside the control of the submitting provider. City of La Marque reserves the right to negotiate with any and all service providers submitting timely responses, to reject any and all bids, and to select multiple respondents if it deems and/or desires to do so.

Contractors are urged to make a “good faith effort” to utilize local La Marque business for project participants through subcontracts and/or suppliers. Residents and Businesses, Minority Business Enterprises, Small Business Enterprises, Women Business Enterprises, United States Veterans, and Labor Surplus Area firms are encouraged to submit proposals. The City of La Marque is an Affirmative Action/Equal Opportunity Employer.

Servicios de traducción están disponibles por peticion.

Sincerely, Shannon Breaux Director of Public Works City of La Marque

TABLE OF CONTENTS PAGE

SECTION 1 – SCHEDULE OF EVENTS AND SELECTION SUMMARY 4

1.1 SCHEDULE OF EVENTS 4

1.2 SELECTION OF RESPONDENT(S) 6

SECTION 2 – INTRODUCTION 6

2.1 GENERAL DESCRIPTION OF THE SCOPE OF WORK (SOW) 6

2.2 CONSIDERATION OF AWARD 7

2.3 CONTRACT AWARD 7

2.4 TERM OF CONTRACT 7

2.5 BID ACCEPTANCE 7

2.6 REQUEST FOR ADDITIONAL INFORMATION 8

2.7 PROHIBITED COMMUNICATION 8

2.8 ALTERATIONS, MODIFICATIONS, AND WITHDRAWALS 9

2.9 TERMINATION CONDITIONS 9

2.10 TRANSITIONAL PERIOD 10

SECTION 3 – SCOPE OF WORK/TECHNICAL SPECIFICATIONS 10

3.1 MINIMUM REQUIREMENTS 10

3.2 SCOPE OF SERVICES 11

3.3 KEY TASKS 11

3.4 TECHNICAL REQUIREMENTS 12

3.5 TERMS AND CONDITIONS 18

SECTION 4 – EVALUATION CRITERIA 19

4.1 RESPONSIVENESS OF QUALIFICATION SUBMISSION 19

4.2 FINANCIAL STABILITY OF RESPONDENT 19

4.3 TECHNICAL COMPETENCE REQUIREMENTS 19

4.4 EVALUATION MATRIX 19

SECTION 5 – SUBMISSION REQUIREMENTS 20

5.1 STATEMENT OF INTEREST 20

5.2 EXPERIENCE AND RELEVANT QUALIFICATIONS 20

5.3 CAPACITY TO PERFORM 21

5.4 FINANCIAL STABILITY 22

5.5 LEGAL ACTIONS 22

TABLE OF CONTENTS PAGE

5.6 PRICING 22

LIST OF EXHIBITS 23

EXHIBIT A: PROJECT SCOPE OF WORK 24

EXHIBIT B: REQUIRED CONTRACT PROVISIONS 25

EXHIBIT C: PREVAILING WAGE DECISIONS 37

EXHIBIT D: OTHER RELEVANT INFORMATION/SPECIAL CONDITIONS FOR CONSTRUCTION 38

LIST OF REQUIRED INFORMATION – ATTACHMENTS A THROUGH L 39

ATTACHMENT A: SOLICITATION RESPONSE COVER SHEET/ACKNOWLEDGEMENTS & CHECKLIST 40

ATTACHMENT B: PRICING SHEET 42

ATTACHMENT C: SYSTEM FOR AWARD MANAGEMENT (SAM.GOV) RECORD SEARCH 43

ATTACHMENT D: CUSTOMER/CLIENT REFERENCES 45

ATTACHMENT E: INSURANCE REQUIREMENTS 48

ATTACHMENT F: BID, PAYMENT, AND PERFORMANCE BONDS 49

ATTACHMENT G: ETHICS AND CONFLICT OF INTEREST ACKNOWLEDGEMENT 51

ATTACHMENT H: TEC CERTIFICATE OF INTERESTED PARTIES (FORM 1295) 52

ATTACHMENT I: CONFLICT OF INTEREST QUESTIONNAIRE (CIQ) 53

ATTACHMENT J: DISCLOSURE OF LOBBYING ACTIVITIES SF-LLL CERTIFICATION 56

ATTACHMENT K: BIDDER’S CERTIFICATION 58

ATTACHMENT L: NON-COLLUSION AFFIDAVIT 59

APPENDIX I – SAMPLE CONTRACT 60

SECTION 1 – SCHEDULE OF EVENTS AND SELECTION SUMMARY

1.1 SCHEDULE OF EVENTS – ALL DATES ARE TENTATIVE

1.1.1 The City, hereinafter called “Entity”, reserves the right to change dates at any time. At the sole discretion of the Entity, events listed in Section 1 are subject to scheduling changes and cancellation. The Entity will make public any changes to the stated schedule.

1.1.2 All requests, questions, or other communication about this solicitation shall be made in writing and addressed to the Entity’s Sole Point of Contact listed in Section 1. Only the Sole Point of Contact may be contacted regarding required elements for this RFP.

SCHEDULE OF EVENTS

LIBRARY AC INSTALLATION AND RESTORATION

Procurement Reference #2473

Return questions and responses to the Sole Point of Contact identified below:

NAME: Public Works Director Shannon Breaux

PHONE: (409) 572-9901

ADDRESS: 1111 Bayou Road, La Marque, Texas 77568

EMAIL: bids@cityoflamarque.org

Responses for this RFP must be submitted via hand delivery, mail, or electronic submission to the Sole Point of Contact identified above. For hand and mailed responses provide the original plus 2 copies.

RFP SCHEDULE

RFP ISSUE DATE: 07/01/2026

RESPONDENT QUESTIONS DUE BY: Wednesday July 15th 5:00 PM CST

QUESTIONS ANSWERED BY: Monday July 20th 5:00 PM CST

MANDATORY PRE-PROPOSAL CONFERENCE:

The Entity shall reject responses submitted by firms that do not attend the mandatory on site pre-proposal conference unless the contractor attended a pre bid conference at the library in the past 6 months.

Wednesday, July 15 2026 at 9:00 AM CST at the La Marque Library 1011 Bayou Rd. La Marque, TX 77568

RFP RESPONSE DUE DATE: July 29th 2026 at 10:00 AM

ESTIMATED AWARD DATE: August 10th 2026

1.2 SELECTION OF RESPONDENT(S)

1.2.1 The Entity intends to select Respondent(s) that best meet the needs of the Entity and that provide the best overall value. The Entity reserves the right to award multiple contracts from the finalist pool of successful Respondent(s). Respondents will be rated and ranked according to the evaluation criteria set forth below. The Entity intends to enter into negotiations with the top-ranked Respondent (i.e., the most highly qualified) and attempt to negotiate a fair and reasonable price; if negotiations fail, the Entity shall formally end negotiations with that respondent and attempt to negotiate with the next most highly qualified provider. The Entity shall proceed in like manner until it has contracted with a sufficient number of providers to respond to the identified scope of work.

1.2.2 The Entity reserves the right to check references on any projects performed by the Respondent, whether provided by the Respondent or known by the Entity.

1.2.3 The Entity is not required to accept the lowest cost proposal.

1.2.4 The Entity may make such investigation as deemed necessary to determine the ability of the Respondent to perform the work, and the Respondent shall furnish to the Entity all such information by the date specified by the Entity.

1.2.5 The Entity may conduct such investigations as it deems necessary or appropriate to assist in the evaluation of any RFP response and to establish the responsibility, qualifications, and financial ability of the Respondent, their proposed subcontractors, and other persons or organizations submitted within a Respondent’s response to do the work to the Entity’s satisfaction within the prescribed time.

1.2.6 The Entity reserves the right to conduct interviews of short-listed Respondent(s) prior to making a final selection.

1.2.7 The Entity reserves the right to contact references as deemed necessary to complete its analysis.

See SECTION 4 – EVALUATION CRITERIA, for additional information on how Respondents will be evaluated and selected.

SECTION 2 – INTRODUCTION

2.1 GENERAL DESCRIPTION OF THE SCOPE OF WORK (SOW) – SEE SECTION 3 AND EXHIBIT A FOR SOW

DETAILS

The Entity is seeking construction contractor(s) experienced in providing (rehabilitation/ demolition/new construction) services. General details for the project include:

2.1.1 Project Name: Library A/C Installation and Restoration

2.1.2 Project Location: 1011 Bayou Road, La Marque, Texas 77568

2.1.3 General Description: The existing HVAC system shall be replaced. The contractor shall evaluate and provide recommendations for replacement utilizing roof-mounted packaged units, Variable Refrigerant Flow (VRF) systems, ducted or ductless mini-split systems, ground-mounted equipment, or other equivalent solutions. All options are considered viable and may be submitted for consideration. If roof-mounted units are proposed, the contractor shall assess roof conditions and include all necessary roofing repairs and structural verification required to support the installation. Any roofing repairs required to support roof-mounted equipment shall be included as part of the proposal. This shall include, but not be limited to, structural support, equipment curbs, flashing, weatherproofing, and any associated roofing restoration required to ensure a complete and watertight installation. All proposed systems shall include complete design, installation, controls, electrical integration, structural considerations, condensate management, commissioning, and warranty. Contractor shall ensure all equipment meets applicable codes, manufacturer specifications, and industry HVAC standards.

2.1.4 Items that are NOT a part of this scope: N/A

2.1.5 Time of Work: Work on this project may be performed Monday-Friday during the hours of 7:30AM to 7:30PM. Work may be performed on weekends.

2.1.6 The scope of work includes all labor, materials, goods and/or services necessary to complete the project. See SECTION 3 and EXHIBIT A for detailed scope of work. The respondent shall submit a written copy of all warranty information prior to final acceptance by Entity.

2.2 CONSIDERATION OF AWARD

To be considered for award, respondents must adhere to the requirements, when applicable to Contractors, as set forth in Exhibit B, including the ARPA Terms and Conditions, Part 200 of the Uniform Administrative Requirements, Cost Principles, and Audit Requirement for Federal Awards contained within this solicitation and provide all other required information and documentation as set forth in this solicitation.

2.3 CONTRACT AWARD

The Entity may award a Firm Fixed Price Contract. A Respondent’s proposal must be responsive to this solicitation and include all required documents as instructed in the solicitation and listed in the Solicitation Response Cover Sheet/Acknowledgement of Addenda/Submission Checklist (Attachment A).

2.4 TERM OF CONTRACT

The contract shall be effective upon date of execution (signed by the Entity designee.) The contract term is projected for a term of ninety (90) calendar days after the Notice to Proceed (NTP) for construction is issued. Upon expiration of the initial term, the contract may, at the sole discretion of the Entity, be renewed via an approved Contract Change Order with the same terms and conditions. All work on this project shall be completed and accepted by the Entity no later than DATE (not beyond December 31, 2026). A sample contract is available for review at Appendix I.

2.5 BID ACCEPTANCE

2.5.1 Proposals must be received, time stamped or otherwise acknowledged before the specified hour and date. Late submittals WILL NOT be considered under any circumstances. The Entity will not be held responsible for any solicitation response that is mishandled prior to receipt by the Entity. The Entity will not be responsible for any technical issues that result in late delivery, inappropriately identified documents, or other submission error that may lead to disqualification (including substantive or administrative) or nonreceipt of the respondent’s response.

2.5.2 The Entity reserves the right to accept or reject any and all proposals, to accept any proposal deemed advantageous and to waive irregularity in the proposals. By submitting a response, the Respondent acknowledges and will adhere to all specifications as stated within this procurement packet.

2.5.3 Proposals CANNOT be altered or amended after the due date. Any alterations made before the due time must be initialed by Respondent or authorized agent. No response may be withdrawn after due date without approval and based on a written acceptable reason.

2.5.4 The Entity reserves the right to revise or amend the specifications prior to the due date. Such revisions or amendments, if any, will be announced by amendments or addendums to these specifications. Copies of such amendments or addendums so issued will be posted to the Entity’s bidding websites. If Respondent demonstrates just reason for a change, the Entity must have at least five (5) working days’ notice prior to submission due date.

2.5.5 In the event that Respondent finds discrepancies in or omissions from the specifications or other documents or be in doubt as to their meaning, Respondent should at once notify the Entity Sole Point of Contact and obtain clarification prior to submitting a response.

2.5.6 All Respondents must meet or exceed the minimum specifications to be considered a valid response.

The Entity reserves the right to accept or reject all or any part of any response, waive minor technicalities and award the contract either to the lowest responsible Respondent or to the Respondent who provides goods or services at the best value for the Entity.

2.5.7 If a response contains proprietary information, the Respondent must declare such information as proprietary if Respondent does not want information to become public. The Entity will honor specific requests for confidentiality for information of a proprietary nature only to the extent allowed by law if clearly marked by Respondent as “Proprietary” or “Confidential.”

2.5.8 The Respondent agrees to protect the Entity from claims involving infringement of patents or copyrights.

2.5.9 There is no guarantee a contract will be awarded. The Entity reserves the right to cancel this RFP at any time.

2.5.10 All proposals become public documents and are subject to public review (upon request and as allowed by law). The submission of an RFP response will constitute representation by the Respondent that it understands and has complied with the requirements of the RFP. Submission of a response indicates the RFP information provided was sufficient in scope and detail to convey understanding of anticipated terms and conditions for performance of the work.

2.5.11 RFP Respondents assume all costs of preparation of the proposal. RFP responses become the property of the Entity.

2.6 REQUEST FOR ADDITIONAL INFORMATION

2.6.1 The Entity will allow written questions and requests for clarification of this solicitation. Questions must be submitted by email to the Sole Point of Contact listed in Section 1 above. Respondents' names will be removed from questions in any responses released.

2.6.2 Questions shall be submitted in the format shown below. Submissions that deviate from this format may not be accepted:

2.6.2.1 Identifying Solicitation Number

2.6.2.2 Page Number

2.6.2.3 Section Number, if applicable

2.6.2.4 Paragraph Number, if applicable

2.6.2.5 Text of passage being questioned

2.6.2.6 Question

2.6.3 Questions or other written requests for clarification must be received by the Sole Point of Contact by the deadline set forth in Section 1. However, the Entity, at its sole discretion, may respond to questions or other written requests received after the deadline.

2.7 PROHIBITED COMMUNICATION

On issuance of this solicitation, except for the written inquiries described in Section 2.6 above, the Entity, its representative(s), or partners will not answer any questions or otherwise discuss the contents of this solicitation with any potential respondent or their representative(s). This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this solicitation.

Failure to comply with these requirements may result in disqualification of respondent’s solicitation response.

2.8 ALTERATIONS, MODIFICATIONS, AND WITHDRAWALS

Prior to the solicitation submission deadline, a Respondent may: (1) withdraw its solicitation response by submitting a written request to the Sole Point of Contact identified; or (2) modify its solicitation response by submitting a written amendment to the Sole Point of Contact identified in Section 1. The Entity may request solicitation response modifications at any time.

2.9 TERMINATION CONDITIONS

2.9.1 FAILURE TO ENTER INTO A CONTRACT

Should the bidder, to whom the contract is awarded, fail to enter into a contract within twenty-one

(21) days, Sundays and holidays excepted, the Entity may then, at its option, retain the bidder’s bid deposit/bond (if required) and accept the bid of the next lowest responsible bidder.

2.9.2 DISPUTE RESOLUTION

Contract documents shall provide that disputes arising under the contract shall be submitted to a process of resolution pursuant to alternative dispute resolution practices, such as mediation, binding arbitration, or non-binding arbitration pursuant to industry standards, prior to being submitted to a court for adjudication. It is understood that the Entity shall have the right to request mediation if the services being provided are deemed deficient in any way.

2.9.3 ACQUISITION, MERGER, SALE AND/OR TRANSFER OF BUSINESS, ETC.

It is understood by all parties that if, during the life of the contract, the contractor disposes of his/her business concern by acquisition, merger, sale, and or/transfer or by any means convey his/her interest(s) to another party, all obligations are transferred to that new party. In this event, the new vendor will be required to submit all documentation/legal instruments that were required in the original bid/contract. Any change shall be approved by the Entity, who retains the right to reject the transfer of the contract.

2.9.4 TERMINATION OF CONTRACT

2.9.4.1 For Cause: The resulting Contract may be terminated by the Entity for cause, including any nonperformance by the Contractor; failure of the Contractor to fulfill in a timely and proper manner its obligations under the Contract; or violation of any of the covenants, agreements, or stipulations of the contract, upon thirty (30) days’ written notice to Contractor including a statement of the reasons, therefore. The determination of the Entity as to the cause of termination and the appropriateness thereof shall be final and binding upon both Entity and Contractor. Cause for termination shall include any material failure by Contractor to comply with any term of the Contract.

2.9.4.1.1 In such event, all finished or unfinished services, documents, data, maps, studies, surveys, drawings, models, photographs, and reports prepared by the Contractor under the Contract shall, at the option of the Entity, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder.

2.9.4.1.2 Notwithstanding the above, the Contractor shall not be relieved of liability to the Entity for damages sustained by the Entity by virtue of any breach of the Contract by the Contractor, and the Entity may withhold any payments to the Contractor for the purposes of set-off until such time as the exact amount of damages due the Entity from the Contractor is determined.

2.9.4.1.3 The Contractor agrees to indemnify and hold the Entity harmless from any liability to subcontractors or suppliers concerning payment for work performed or goods supplied arising out of the lawful termination of the contract by the Entity under this provision.

2.9.4.1.4 In case of default by the Contractor, the Entity may procure the goods or services from other sources and hold the Contractor responsible for any excess cost.

2.9.4.1.5 Continuation of the terms of the Contract beyond the fiscal year is contingent on availability of funds in the following year’s budget. In the event of unavailability of such funds, the Entity reserves the right to cancel the Contract.

2.9.4.1.6 If the Contract is terminated for cause, excluding funding discontinuance or disapproval, Contractor shall have the right to attempt to cure its failure during the thirty-day (30-day) period prior to termination to the satisfaction of the Entity at the Entity’s sole discretion.

2.9.4.2 For Convenience of the Entity: The Entity may terminate the Contract at any time by giving at least thirty (30) days’ notice in writing to the Contractor. If the Contractor is terminated by the Entity as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by the Contract, less payments of compensation previously made.

If the Contract is terminated due to the fault of the Contractor, Section 2.9.4 above, relative to termination, shall apply.

2.9.5 POST EXPIRATION AND TERMINATION PROCEDURES

Upon expiration or in the event of a prior termination, all remaining and unspent grant funds, shall immediately become the sole and separate property of the Entity and the Contractor shall perform all acts and execute all instruments necessary to transfer and assign such funds to the Entity. All finished or unfinished documents, data, studies, reports, and work products prepared by the Contractor under the Contract or with grant funds shall, at the option of the Entity, become Entity’s property.

2.10 TRANSITIONAL PERIOD

In the event services are terminated by contract expiration or by voluntary termination by either the Contractor or the Entity, the Contractor shall continue all terms and conditions of said Contract for a period not to exceed thirty (30) days at the Entity’s request.

SECTION 3 – SCOPE OF WORK/TECHNICAL SPECIFICATIONS

3.1 MINIMUM REQUIREMENTS

3.1.1 The selected Respondent shall have no convictions or civil judgments preceding nor thereafter this solicitation rendered against Respondent for 1) commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; 2) violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.

3.1.2 The selected Respondent shall not ever have been indicted for or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses enumerated above.

3.1.3 Where applicable, Respondent’s staff must meet and maintain current certifications and or licensure requirements as mandated by state law or the appropriate licensing authority.

3.1.4 Respondent must not be debarred at the time of response submission, and prior to award of a contract, the System for Award Management (SAM.gov) and the Texas Comptroller’s website will be checked to ensure Respondent is not debarred. If the Respondent is debarred, the Respondent’s proposal will not be evaluated.

3.2 SCOPE OF SERVICES

The required services shall be performed in accordance with Key Tasks as described below and attached Exhibits:

3.2.1 Exhibit A: Project Scope of Work

3.2.2 Exhibit B: Required Contract Provisions

3.2.3 Exhibit C: Prevailing Wage Decision

3.2.4 Exhibit D: Other Relevant Information

The Entity expects selected Respondent to have knowledge and experience of general construction policies, procedures, and guidelines.

3.3 KEY TASKS

3.3.1 Management of all construction phases (specific to the construction scope of work) to include but not limited to site prep/grading, foundation (including all underground plumbing, electrical and gas line), demolition, lead paint/asbestos assessments and abatement, dry-in (framing, exterior doors, windows, roofing, weatherization and exterior siding/masonry), rough-in (plumbing, mechanical, electrical and gas), insulation, drywall, interior trim/doors, painting, carpet and flooring, cabinets and countertop, finish (electrical, plumbing, mechanical and gas), hookup and punch list.

3.3.2 Maintain a pool of general/subcontractors, Architectural/Engineering (A/E) Firms, and other trades adequate to complete construction adhering to Entity’s requirements and time constraints identified in this document.

3.3.3 Provide timely payments to sub-consultants, general/subcontractors, trades, etc.

3.3.4 Obtain or ensure that all necessary permits to perform demolition and/or construction activities as required, and Certificates of Compliance (as applicable), are issued and properly documented.

3.3.5 Provide a warranty on all completed construction. At a minimum, a one-year warranty for workmanship and materials and a 10-year warranty for structure, and an appliance warranty from the manufacturer shall be provided.

3.3.6 Perform periodic monitoring of construction during all construction phases. Respondents shall provide an assigned superintendent at each project site and notify the Entity of the assignment or reassignment of superintendent within forty-eight (48) hours. The Entity reserves the right to require a superintendent to be on-site during all construction and establish a maximum ratio of projects for each superintendent.

3.3.7 Participate in progress inspections performed by the Entity’s inspectors (or assignees) to ensure compliance with construction requirements, applicable building codes, zoning requirements, plan specifications and minimum structural elevation per the Federal Emergency Management Agency’s (FEMA) Elevation Certificate (if applicable).

3.3.8 When applicable, provide wage rate documentation (or certified payroll) on a weekly basis. Allow access to the site to interview employees and provide photographs of required on-site signage

(location to be determined) per requirements of Texas Prevailing Wage/Federal Davis-Bacon compliance.

3.3.9 Provide excellent customer service for others impacted during construction activities. Firm shall be responsive to requests and communicate on a regular basis with the Entity; coordinate relocation issues such as utility connects/disconnects, schedules, and storage; and ensure that those impacted by construction are fully informed of the construction process.

3.3.10 Provide and maintain all original and copies of supporting documentation to include, but not limited to, construction draws, liens, releases from vendors, subcontractors, and suppliers.

3.3.11 Furnish progress reporting as determined or requested by the Entity.

3.3.12 Coordinate with local governmental jurisdictions, homeowner associations, and other jurisdictions as appropriate to complete projects.

3.3.13 Support and assist the Entity during state/federal monitoring or auditing activities, including providing financial information, reports, site visits, and other requests that may be required.

3.4 TECHNICAL REQUIREMENTS

The selected Respondent shall provide construction services including, but not limited to, the following technical requirements:

3.4.1 Preconstruction Services

During the phase of preconstruction services, the following activities are performed:

3.4.1.1 Procure in advance or establish reliable supply chains for materials, equipment, supplies, and appurtenances with long lead items.

3.4.1.2 Perform procurement of early trade work.

3.4.1.3 Submit sample boards of materials (i.e., cabinets, carpet, hardware, paint, etc.) for review and approval by the Entity.

3.4.1.4 Prepare and maintain a detailed schedule.

3.4.1.5 Work collaboratively with design team and review drawings for submittal to the Entity for final approval.

3.4.2 Construction Services

During the phase of construction services, the following activities are performed:

3.4.2.1 Respondents shall meet with assigned Entity contact (or assignee) to review selections of construction materials.

3.4.2.2 Respondents will be responsible for coordinating with appropriate departments for shutoff and timely reconnection of all utilities. Respondents shall be responsible for managing all utility-related issues associated with demolition and/or construction.

3.4.2.3 Respondents are responsible for demolition of damaged structure, if specified in the scope of work. All demolition activities and disposal of demolition/construction debris must follow applicable local, state, and federal guidelines, laws and regulations.

3.4.2.4 Respondents shall obtain or ensure that all necessary permits for demolition and construction are issued and properly documented, Certificates of Occupancy are issued and properly documented, and provide foundation location and as-built surveys to confirm that construction is compliant with elevation and setback building line requirements.

3.4.2.5 Respondents shall provide construction services in accordance with the Entity’s building codes and within the prescribed construction timelines and approved schedule.

3.4.2.6 Respondents are responsible for performing Lead and Asbestos assessment and abatement activities as included in the project scope of work. All work must be properly documented, and proper clearances obtained prior to re-occupation of the building.

3.4.2.7 Respondents shall provide administrative, management, and related services to coordinate scheduled activities and responsibilities of their general contractors, subcontractors, and trades with each other to manage construction schedule.

Respondents are allowed to self-perform construction and are responsible for coordinating and scheduling their own construction services.

3.4.2.8 Respondents shall visit and thoroughly inspect the project sites and any structures or other manmade features to be modified.

3.4.2.9 Respondents shall coordinate and manage the scope of work to be performed by their subcontractors through final acceptance, including punch-list work. Respondents shall be responsible for keeping the services on schedule and ensuring that the subcontractors furnish materials and perform work according to the approved scope of work and construction plans.

3.4.2.10 Respondents shall have the authority over their general contractors/ subcontractors to require prompt execution of the work and to give instructions to require corrective actions, whenever such action may be necessary in its opinion to ensure proper execution of the Contract Documents and/or to protect the interests of the Entity.

3.4.2.11 As requested by the Entity, Respondents shall provide routine reports regarding quality control inspections to ensure progress and quality of construction, adherence to schedule, and conformance with applicable construction standards.

3.4.2.12 Respondents shall coordinate their trades, subcontractors, and other construction personnel to ensure that the quantity, quality, fitness, and progress of the work is in compliance with the Contract requirements. All work is subject to the final review of the Entity, or assignee. The Entity will not routinely require prior approval of these actions but reserves the right to review and approve at its sole discretion.

3.4.3 Elevation Services

No elevation services are anticipated at this time; however, new construction projects must meet all applicable requirements regarding location of structures within floodplains.

3.4.4 Scheduling

During the phase of construction services, the following activities are performed:

3.4.4.1 The selected Firm(s) will generate and maintain a master schedule (schedule of all assigned construction sites whether one or more than one location is involved) showing average duration for performing activities at the assigned sites. This schedule will break down activities from work order assignment and construction milestones, through Certificate of Occupancy (COO), final inspection, and close out. This schedule should also include the Entity’s activities which potentially may impact the schedule.

3.4.4.2 The selected Firm(s) shall update the master schedule weekly to determine revised durations on the active construction projects. The schedule will also indicate any delays and recommend actions to mitigate the delays and implement approved schedule recovery measures.

3.4.4.3 The selected Firm(s) will be responsible for performing regular routine daily/weekly monitoring of construction; however, the Entity, or assignee, will perform milestone inspections required for compliance.

3.4.5 Environmental, Health and Safety

During the phase of construction services, the following activities are performed:

3.4.5.1 The Firm shall have detailed procedures addressing environmental risks and safety hazards and provide mitigation methods. The Firm shall identify and ensure that all Personal Protective Equipment (PPE) required for performing services is utilized.

3.4.5.2 All health and safety complaints must be addressed immediately, and the Entity must be notified of the complaints and proposed resolutions within twenty-four (24) hours.

3.4.5.3 Investigation, removal, and disposal of all hazardous materials shall be addressed in accordance with all applicable construction/environmental and any other federal, state, and local laws and regulations.

3.4.5.4 All construction activities shall be performed in compliance with applicable Occupational Safety and Health Administration (OSHA) safety regulations and other applicable laws.

3.4.6 Prevailing Wage/Labor Compliance

During the phase of construction services, the following activities are performed:

3.4.6.1 This project is subject to the Texas Prevailing Wage Rates as described in Texas

Government Code, Chapter 2258. In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. See Exhibit C for the prevailing wages applicable to this project.

3.4.6.2 Workers employed by or on behalf of the Entity shall be paid (1) not less than the general prevailing wage of per diem wages for work of a similar character in the locality in which the work is performed, and (2) not less than the general prevailing rate of per diem wages for legal holiday and overtime work.

3.4.6.3 Section 2258.023 – Penalty – A contractor or subcontractor who violates this section shall pay penalty to the Entity on whose behalf the contract is made. A public body awarding a contract shall specify this penalty in the contract.

3.4.6.4 Section 2258.024 – Records – A contractor and subcontractor shall keep a record showing (1) the name and occupation of each worker employed by the contractor or subcontractor in the construction of the public work; and (2) the actual per diem wages paid to each worker. The record shall be open at all reasonable hours to inspection by the officers and agents of the Entity.

3.4.7 Closeout

During the close out phase, the following activities are performed:

3.4.7.1 Respondent shall obtain a COO (when applicable) and provide a copy of the certificate to the Entity.

3.4.7.2 Respondent shall transfer all operations and maintenance manuals, keys, warranty information, and similar submittals required by the Contract Documents as directed.

3.4.7.3 Respondents shall provide all preconstruction and construction records and files in the prescribed format within seven (7) calendar days of the approved final inspection.

3.4.8 Work Orders

During the term of any contract awarded, the Entity may request the Firm to perform certain tasks as described in the scope, subject to a specific work order authorization. All work authorizations shall be in writing, signed by all parties, and shall include a scope of services, a list of tasks to be performed, a time schedule, a list of deliverables and such other information or special conditions as may be necessary for the work requested.

3.4.9 Inspections and Payment for Construction Services

During the phase of construction services, the following activities apply:

3.4.9.1 Payments will be made at milestones as established in the construction contract.

Generally, the Entity is anticipating pay milestones at 33% construction complete, 50% construction complete, 66% construction complete, and 100% (final) construction complete. In general, a progress inspection can be assumed complete if tasks pertaining to that corresponding percentage of the construction value has been completed in-place. Inspection will not be scheduled for incomplete or uninstalled work, or for work that requires a code inspection, and the code inspection has not been completed and approved by the Entity. Inspections are also performed to verify that construction is performed in accordance with approved plans and all applicable construction codes, standards, and specifications. All components must be installed without visible flaws in workmanship and all municipal inspections and the engineer’s inspection requirements applicable to the construction must be completed and approved. A ten percent (10%) retainage will be withheld on each payment that would be reimbursed.

3.4.9.2 Firm shall submit a request for payment upon completion of each milestone as described in the executed construction contract document. Deliverables will be considered complete only upon inspection and written acceptance by the Entity. Each request for payment shall include deliverable(s) completed and the price for each. No charges may be billed unless such costs are explicitly included in the construction contract.

3.4.9.3 The selected Firm(s) are eligible for final payment once a COO is provided, and the construction passes the final inspection performed by the Entity. The final inspection is complete when all items on the scope of work have been completed, all mechanical systems are working properly, all interior and exterior electrical systems are working, all plumbing systems are working and draining, and all other systems or appurtenances installed or repaired as part of this scope are working or completed.

3.4.9.4 Firm(s) are eligible for the 10% retainage payment thirty (30) days after passing final inspection and completion of all punch list items. If determined necessary by the

Entity, proof of payment to subcontractors may be requested.

3.4.10 Record Keeping

During the phase of construction services, the following activities are performed:

3.4.10.1 Respondents shall provide, enter, or upload all documentation, communications, and records including all permits, certifications, warranties, and approvals regarding all assigned projects as instructed by the Entity within two (2) days of receipt or occurrence.

3.4.10.2 Respondents shall maintain records of principal work layout lines, elevations of the bottom of footings, floor levels, and key site elevations to include utility layouts (complete with depth of burial), and as-built construction drawings certified by a licensed surveyor or Engineer as applicable.

3.4.10.3 Respondents shall document all communications regarding the construction status and any other issues.

3.4.10.4 Respondents shall maintain records of all events that occur at the job site or elsewhere, which affect, or may be expected to affect the quality, scope, or progress of the services.

3.4.10.5 All records shall be retained for a period of five (5) years following the closeout of the Entity’s federal grant.

3.4.10.6 The selected Firm(s) shall support and assist the Entity pertaining to close out of the federal grant, including financial reconciliation, reporting, record keeping, and achievement of eligible activities and services.

3.4.11 Insurance

3.4.11.1 An original, certified copy of an Insurance Certificate listing the Entity as additional insured, must be submitted with the Respondent’s submittal (see Attachment E for requirements). The successful Respondent will be required to maintain at all times during performance of the Contract, the insurance detailed below.

3.4.11.2 Workers’ Compensation Insurance

3.4.11.3 Employers’ Liability Insurance

3.4.11.4 Comprehensive General Liability Insurance

3.4.11.5 Excess Liability Insurance, Comprehensive General Liability Insurance, Comprehensive Automobile Liability Insurance

3.4.12 Builder’s Risk Insurance

Selected Firm(s) will be required to carry Builder’s Risk Insurance in an amount sufficient to ensure completion of the project scope. Firm(s) will be required to provide evidence of Builder’s Risk coverage prior to Contract execution, and no later than fifteen (15) days of request.

3.4.13 Bid, Performance, and Payment Bonds (See Attachment F)

3.4.13.1 The selected Firm(s) will be required to provide a Bid Bond in accordance with information contained in Attachment F.

3.4.13.2 The selected Firm(s) will be required to maintain Performance and Payment Bonds in accordance with information contained in Attachment F. In no event shall the bond requirements be for less than one hundred percent (100%) of a Firm’s amount under the contract at any given time. All bonds must be issued %by a bonding agent with at least an “A” rating, and the bonding companies must be listed in the Department of the Treasury’s Listing of Certified Companies. The bonds must be submitted within fifteen (15) days of the request.

3.4.13.3 A Payment Bond on the part of the contractor for one hundred percent (100%) of the contract price is required. A Payment Bond is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and/or material in the execution of the work provided for in the contract. Required Payment Bond(s) must be filed within fifteen (15) days from the date of the Notice of Award.

3.4.13.4 A Performance Bond on the part of the contractor for one hundred percent (100%) of the contract price for contracts that are greater than One Hundred Thousand Dollars ($100,000) is required. A Performance Bond is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract.

3.4.14 Use of Historically Underutilized Businesses

In accordance with 2 CFR 200 § 200.321, the selected Respondent(s) performing procurement of subcontractors shall take all necessary affirmative steps to ensure that small, minority, women’s business enterprises, veteran-owned businesses (SMWVBEs), and labor surplus area Respondents are used when possible. The Respondent(s) should also actively take steps to encourage proposals from historically underutilized businesses (HUBs). Respondent(s) is required to comply and use methods described within the contract provisions (Exhibit B of this document) and may be required to take the following outreach efforts and actions:

3.4.14.1 Placing qualified small and minority businesses, women’s business enterprises, and veteran-owned businesses on solicitation lists;

3.4.14.2 Assuring that small and minority businesses, women’s business enterprises, and veteran-owned businesses are solicited whenever they are potential sources;

3.4.14.3 Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, women’s business enterprises, and veteran-owned businesses;

3.4.14.4 Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, women’s business enterprises and veteran-owned businesses;

3.4.14.5 Using the services and assistance, as appropriate, of organizations such as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce;

3.4.14.6 To ensure a wide distribution and potential participation to as many administrator firms as possible, refer to https://lsadata.org/ when developing an administrator email list; and

3.4.14.7 When subcontracts are considered, requiring the prime contractor to take these steps above for the subcontracts.

3.4.14.8 Notwithstanding the fact that no contracting goals are established, the Respondent(s) https://lsadata.org/ is expected to provide statistics on contract awards to the Entity upon request.

3.4.14.9 If no available HUB vendors are found, the Respondent(s) should retain appropriate documentation in the project procurement file of the efforts made and measures taken to secure HUB and SMWVBE vendors.

3.4.14.10 To the fullest extent possible and to ensure compliance with 2 CFR 200 (or local HUB) requirements, the firm selected should include as part of their listing of solicited subcontractors, a list of SMWVBE firms contacted.

3.4.14.11 The selected Respondent shall comply with the requirements of the HUB Subcontracting Plan and shall not make any changes to the Subcontracting Plan without the Entity’s written approval.

3.5 Terms and Conditions

3.5.1 Indemnity Clause – The Respondent agrees to indemnify and save harmless the Entity and its officers, agents, and employees from any and all claims, causes or action, and damages of every kind, for injury to or death of any person and damages, to property arising out of or in connection with the work done by Respondent under this contract, and including acts or omissions of the Entity or its officers, agents, or employees in connection with said contract.

3.5.2 Equal Opportunity Employer – The successful Respondent shall warrant and agree that he/she is an Equal Opportunity Employer. Should complaints of any form of discrimination, either in dispensation of the service, or within company hiring policies be substantiated, this contract may be terminated immediately.

3.5.3 Assignment – The successful Respondent may not assign, sell, or otherwise transfer this contract without prior written consent of the Entity.

3.5.4 Contractor’s Responsibility – At the time of the proposal response due date, each Respondent shall be presumed to have inspected the site(s) (if applicable) and to have read and be thoroughly familiar with the scope requirements. The failure or omission of any Respondent to examine any form, instrument, document, or site shall in no way relieve any Respondent from any obligation in respect to this RFP.

3.5.5 Compliance with Laws – The Respondent agrees to comply with the requirements of Section 603 of the Act, regulations adopted by Treasury pursuant to Section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing.

3.5.5.1 Additionally, all applicable local government codes for the State of Texas also apply to this contract. All equipment, supplies and work furnished under this contract shall comply with applicable laws, ordinances, and regulations. Respondent shall obtain and pay for such permits and inspections as are required for the legal performance of this work, unless otherwise specified. Respondent shall comply with all federal and state laws and Entity’s ordinances and codes applicable to the Respondent's operation under this contract. These specifications and the contract resulting here shall be fully governed by the laws of the State of Texas and shall be fully performable in City of La Marque, Texas, where venue for any proceeding arising hereunder will lie.

3.5.6 Silence of Specifications – The apparent silence of specifications as to any detail, or the apparent omission from it or a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality shall be used. All interpretations of specifications shall be made on the basis of this statement. The Respondent should request clarification from the Entity as specified in this document.

3.5.7 Severability – If any section, subsection, paragraph, sentence, clause, phrase or word in these requirements or specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and specifications; and it is hereby declared that such remaining portions would have been included in these requirements and specifications as though the invalid portion had been omitted.

SECTION 4 – EVALUATION CRITERIA

4.1 RESPONSIVENESS OF QUALIFICATIONS SUBMISSION: Pass/Fail

Qualifications submission shall be responsive to all material requirements that shall enable the evaluation committee to evaluate responses in accordance with the evaluation criteria to make a recommendation to Officials of the Entity.

4.2 FINANCIAL STABILITY OF RESPONDENT: Pass/Fail

Financial stability of the Respondent to successfully undertake the project and the ability to ensure performance over the duration of the contract.

4.3 TECHNICAL COMPETENCE…