City of Bay City RFP - COBC-PW-WS-2025.pdf

City of Bay City

Request for Proposals (RFP): COBC-PW-WS-2025

On-Call Water and Wastewater Utility Repair, Replacement, Installation, and Rehabilitation Services

Due Date: Tuesday, April 22, 2025, by 2:00 PM

Issued By:

City of Bay City

Department of Public Works

TABLE OF CONTENTS

Notice to Bidders

Section I – Introduction

1.1 Background

1.2 Statement of Need

1.3 Purpose

Section II – Scope of Work

2.1 Overview

2.2 General Scope of Services

2.3 Infrastructure Characteristics

2.4 Scheduled Work

2.5 Emergency Work

2.5 Work Order Process

Section III – Technical and Performance Standards

3.1 Repair Standards

3.2 Materials and Supplies

3.3 Site Safety and Work Zone Requirements

3.4 Utility Protection and Locating Responsibilities

3.5 Disposal of Materials

3.6 Service Continuity and Utility Disruption

3.7 Contractor Responsibilities

Section IV – Proposal Instructions and Schedule

4.1 Anticipated Schedule

4.2 RFP Availability

4.3 Submission Instructions

4.4 Questions and Addenda

4.5 Proposal Validity

Section V – Proposal Format Requirements

5.1 General Instructions

5.2 Proposal Content and Organization

Section VI – Evaluation and Selection

6.1 Evaluation Criteria

6.2 Selection and Award Process

Section VII – Terms and Conditions

7.1 Reservation of Rights

7.2 Public Information

7.3 Cost of Preparation

7.4 Non-Collusion and Ethics

7.5 Conflict of Interest Disclosure

7.6 Insurance and Bonding

7.7 Contract Award and Execution

7.8 Use of Subcontractors

7.9 Modifications to Awarded Contract

7.10 Contract Term and Renewals

7.11 Termination for Convenience

7.12 Governing Law and Venue

7.13 Prevailing Wage Requirements (If Applicable)

7.14 Contractor-Initiated Termination

7.15 Multiple Awards

Section VIII – Attachments and Exhibits (attached separately) Exhibit A – Price Proposal Sheet Exhibit B – Insurance Requirements Exhibit C – Standard Construction Details

Required Forms Packet

• Execution of Offer and Acknowledgment

• Addenda Acknowledgment Form

• Conflict of Interest Questionnaire (CIQ)

• W-9

NOTICE TO BIDDERS

Request for Proposals (RFP) 04/06/2025 On-Call Water and Wastewater Utility Repair Services City of Bay City, Texas

The City of Bay City is requesting sealed proposals from qualified contractors to provide as-needed repair, replacement, and rehabilitation of the City’s water and wastewater utility systems on a Time and Materials (T&M) basis.

This contract will support the City’s Public Works Department in maintaining critical infrastructure, including during emergency events and periods of increased workload.

RFP Availability:

Available for download beginning April 6, 2025 at www.bidnetdirect.com.

To request a copy by email: glopez@cityofbaycity.org

Pre-Proposal Meeting (Non-Mandatory):

April 15, 2025 at 11:00 am – Bay City Council Chambers, 1901 5th Street Virtual option available via Microsoft Teams (email for link: glopez@cityofbaycity.org)

Submission Deadline:

April 22, 2025 at 2:00 PM CST

Submit via BidNet Direct (bidnetdirect.com) or deliver sealed proposals to:

City Secretary’s Office, 1901 5th Street, Bay City, TX 77414 Label: “SEALED PROPOSAL – ON-CALL WATER AND WASTEWATER UTILITY REPAIR

SERVICES”

If submitting physically: include five (5) bound copies and one (1) digital copy on USB.

Proposal Opening:

Immediately following the deadline at Bay City Council Chambers, 1901 5th Street, Bay City, TX 77414.

Questions Due:

By April 16, 2025 at 5:00 PM CST to glopez@cityofbaycity.org

Addenda & Updates:

Posted at BidNet Direct and on the City’s website:

www.cityofbaycity.org/403/PUBLIC-NOTICES

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Section I – Introduction

1.1 Background

Bay City is a full-service municipality located in Matagorda County, Texas, responsible for the operation and maintenance of its water distribution and wastewater collection systems. The City’s Public Works Department routinely performs in-house repairs, replacements, and maintenance of its underground utility infrastructure. However, due to fluctuating workloads, limited staffing, and increased demand for emergency response, the City supplements its internal resources by contracting qualified third-party utility contractors to perform water and sewer system repairs on an as-needed basis.

1.2 Statement of Need

The City wants to retain the services of qualified contractors capable of performing water and sewer utility repair services on a Time and Materials (T&M) basis. These services may be scheduled in advance as part of planned maintenance or may arise unexpectedly due to emergencies such as main breaks, sanitary sewer backups, or other infrastructure failures. To ensure timely response and avoid delays in addressing urgent needs, the City seeks to establish a responsive on-call agreement that allows repair assignments to be issued quickly and billed according to actual labor, equipment, and material usage.

1.3 Purpose

The City of Bay City Public Works Department is requesting sealed proposals from qualified contractors or firms to provide on-call repair, replacement, installation, and rehabilitation services for the City’s water and wastewater utility systems. The selected contractor shall furnish all labor, equipment, and materials necessary to complete authorized work in a timely and professional manner.

This contract will be structured as a Time and Materials (T&M) agreement. Work will be initiated through written Work Orders and invoiced based on approved hourly labor and equipment rates, with material costs reimbursed at actual cost plus an agreed-upon markup percentage. This structure allows the City to respond effectively to emergency repairs and address unpredictable site conditions without the delay of project-specific procurements.

The City does not guarantee any minimum amount of work under this contract. All work shall be assigned solely at the City’s discretion through individual Work Orders.

The City reserves the right to award contracts to multiple qualified contractors to ensure responsiveness and adequate capacity.

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Section II – Scope of Work

2.1 Overview

The Contractor shall provide all labor, equipment, materials, transportation, supervision, and incidentals necessary to perform on-call water and wastewater system repair, installation, replacement and rehabilitation services within the City of Bay City. Services may be required on a scheduled or emergency basis, including during nights, weekends, and holidays.

This contract is intended to support the City’s in-house Public Works operations by providing timely access to a qualified contractor for tasks that exceed available staffing or require rapid response.

2.2 General Scope of Services

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

Water and Wastewater Utility Repairs

Repair, replacement or new installation of water and sanitary sewer lines of various materials and diameters (¾-inch to 48-inch)

Point repairs and direct replacement of pipe sections

Installation and replacement of water meters, meter boxes, cleanouts, taps, and service lines

Valve and hydrant installation or replacement

Manhole rehabilitation or installation

Leak detection and exploratory excavation

Emergency response for pipe bursts or overflows

Trenchless and Specialty Services

Pipe bursting and cured-in-place pipe (CIPP) lining

Boring and potholing

Bypass pumping

Sanitary sewer cleaning and CCTV inspection

Installation of in-line control valves (e.g., Insta-Valves) on pressurized water mains

Use of line stop systems to allow live tie-ins or temporary isolation of active mains

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Site Restoration

Backfilling and compaction

Grading and sodding

Hydro-mulching and erosion control

Concrete and asphalt pavement restoration (e.g., sidewalk, curb, ADA ramps, roadway patches)

Landscape and irrigation system repair

Traffic Control and Work Zone Safety

Setup and maintenance of traffic control zones

Installation of protective barriers, signage, and flaggers as required by work location

2.3 Infrastructure Characteristics

The City’s underground infrastructure includes pipe systems ranging in size from ¾-inch service lines to 48-inch mains. The contractor must be prepared to work with pipelines of various diameters and materials, including copper (CU), ductile iron (DI), cast iron (CI), steel, polyvinyl chloride (PVC), reinforced concrete cylinder pipe (RCCP), pre-stressed concrete cylinder pipe (PCCP), and high-density polyethylene (HDPE), asbestos-cement (AC).

Line depths may exceed 20 feet in some locations. Repairs must account for depth, material type, and surrounding utilities, and include proper sheeting and shoring where necessary.

2.4 Scheduled Work

Scheduled work refers to non-emergency assignments issued with advance notice, typically as part of routine maintenance or planned capital work. These assignments will also be performed and billed on a Time and Materials (T&M) basis in accordance with the rates listed in Exhibit A

– Price Proposal Sheet. The City may provide site-specific timelines and service windows, and the Contractor shall coordinate start dates, access, and staffing accordingly.

2.5 Emergency Work

The Contractor shall provide emergency response services as requested by the City. Emergency work is defined as any repair where delay would pose a risk to public health, safety, or essential utility service. Emergency work must begin within two (2) hours of City notification unless otherwise approved by the City. All necessary personnel, equipment, and materials shall be mobilized to address the situation without interruption until complete.

Emergency work will be assigned and billed on a Time and Materials (T&M) basis, including:

Labor and equipment rates as listed in Exhibit A – Price Proposal Sheet

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Approved material costs plus the markup percentage defined in Exhibit A

A flat mobilization fee, applicable only to emergency work, as listed in Exhibit A

No charges for idle time or transportation unless pre-authorized in writing by the City

2.6 Work Order Process

All work will be initiated through written Work Orders issued by the City. Each Work Order will include:

A description of the requested work

The location of the work site

Expected response or start date/time

Contact information for the City’s site representative

The Contractor is expected to provide:

Work Plan

Estimated timeline for completion

Confirmation of crew availability

Work Plans For each assigned Work Order, the Contractor shall submit a brief Work Plan for City review and approval prior to mobilization. The Work Plan shall outline the proposed construction approach, schedule, traffic control measures, utility protection strategy, site restoration plans, and any required temporary service or bypass systems. The City may waive or streamline the Work Plan requirement for minor repairs.

All scheduled work must begin within 24 hours of the time designated by the City unless otherwise agreed. In the event a contractor is unavailable or unable to respond within the required timeframe, the City may assign the work to another contracted firm.

To maintain flexibility and ensure timely service, the City may award contracts to more than one qualified firm under this RFP. Work Orders will be assigned based on a variety of factors, including availability, response time, and the nature of the repair. While the City makes no guarantee regarding the volume of work, every effort will be made to engage selected contractors fairly based on the City’s operational needs.

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Section III – Technical and Performance Standards

3.1 Repair Standards

The Contractor shall perform all work in accordance with the City of Bay City’s Standard Details for Construction, applicable project specifications, and accepted industry standards. The City’s Standard Construction Details are referenced as Exhibit C and are available upon request during the RFP period. These documents will also be provided to the selected contractor upon award.

All repairs must be completed to the satisfaction of the City’s Project Manager and Inspectors.

If any work is determined to be substandard or non-compliant, the Contractor shall be notified verbally and in writing and shall promptly correct such work at no cost to the City. Rework shall be completed by a date established by the City and is subject to re-inspection.

The Contractor shall not cover or conceal any repairs until they have been inspected and approved by the City. At the City’s discretion, photographic documentation may be accepted in lieu of on-site inspection, but only with prior confirmation from the City’s Project Manager.

In addition to inspection requirements, the Contractor shall photograph the work area prior to beginning work, during key stages of progress, and after completion. These photos shall serve as documentation of existing conditions, construction progress, and final restoration. All photos must be submitted upon request or as directed by the City’s Project Manager.

3.2 Materials and Supplies

The Contractor is responsible for providing all materials, tools, and supplies required to complete the assigned work unless otherwise specified by the City. The City may, at its discretion, provide certain materials from its own inventory. In such cases, the City will either deliver small parts (e.g., clamps, corp stops) to the project site or require the Contractor to pick up bulk items (e.g., aggregate, base, temporary asphalt) from the City’s Yard.

All materials supplied by the Contractor must be new, free from defects, and conform to applicable specifications. The Contractor shall maintain a reliable supply chain to avoid delays.

No markup shall be charged for City-supplied materials. All materials purchased by the Contractor for work performed under this contract shall be reimbursed at actual cost plus a markup percentage as defined in Exhibit A.

Materials purchased by the Contractor for work performed under this contract shall be reimbursed at actual cost plus a markup percentage as defined in Exhibit A. The Contractor must submit copies of supplier invoices or receipts with each invoice to document actual costs. These records must clearly show:

Vendor name

Itemized materials purchased

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Unit costs and quantities

Date of purchase

Failure to provide proper supporting documentation may result in delay or denial of reimbursement.

3.3 Site Safety and Work Zone Requirements

The Contractor shall comply with all applicable Federal, State, and Local safety rules and regulations, including OSHA trench safety requirements and confined space entry protocols. The Contractor is responsible for providing all traffic control devices, signage, flaggers, and personnel protection equipment necessary to secure the work area.

When working in or adjacent to roadways, sidewalks, driveways, or other publicly accessible spaces, the Contractor must establish and maintain a safe work zone. Any work impacting vehicular or pedestrian traffic must be coordinated in advance with the City and comply with applicable traffic control standards, including the Texas Manual on Uniform Traffic Control Devices (Texas MUTCD) and the TxDOT Barricade and Construction (BC) Standards. These references shall serve as the basis for all traffic control layouts, signage, taper lengths, lane closures, and related safety provisions.

3.4 Utility Protection and Locating Responsibilities

The City will provide all available utility maps and record drawings to aid in planning and execution. However, the Contractor is responsible for verifying the location of all underground utilities, including City and third-party lines, prior to beginning excavation. The City makes no warranty as to the accuracy or completeness of its utility records.

The Contractor shall coordinate with Texas811 and other relevant utility owners to ensure all lines are marked. Any damage to existing utilities caused by the Contractor’s failure to exercise due diligence shall be repaired at the Contractor’s expense and to the satisfaction of the utility owner. Protection of underground and adjacent structures is the Contractor’s responsibility from start to finish, including during backfilling.

3.5 Disposal of Materials

The Contractor shall legally dispose of all spoil, demolition debris, and removed materials unless otherwise directed by the City. Disposal must not adversely affect the environment and must comply with all local, state, and federal regulations. The City may allow specific debris or materials to be stockpiled or returned to the City Yard with prior approval.

3.6 Service Continuity and Utility Disruption

The Contractor shall coordinate all work activities in a manner that minimizes disruption to existing water and wastewater services. No planned service interruption shall occur without prior

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approval from the City. The Contractor shall provide a minimum of 48 hours' notice for any anticipated service outage unless otherwise directed by the City’s Project Manager.

In instances where service impacts are limited to one or a small number of properties, the Contractor shall be responsible for directly notifying the affected customer(s) prior to the disruption. The notification shall include the expected duration of the outage and contact information for follow-up, and must be delivered in a manner approved by the City.

For sewer line repairs or replacements where flow must be temporarily diverted, the Contractor shall be responsible for furnishing, installing, maintaining, and removing bypass pumping systems. Bypass systems shall be capable of handling the expected peak flows and shall include redundancy and fail-safe measures as required to prevent spills or backups.

For pressurized water systems, the Contractor shall coordinate with City staff before shutting valves or performing tie-ins. Where feasible, the Contractor may be directed to use line stop systems, temporary service connections, or night work to limit customer impact. All temporary measures shall be included in the Contractor’s Work Plan for City review prior to execution.

The Contractor is fully responsible for any damage, contamination, or backflow incidents resulting from unauthorized or improperly executed service disruptions. Restoration of service shall be completed as quickly as practicable following repair activities.

3.7 Contractor Responsibilities

The Contractor is expected to furnish all means necessary to complete assigned work efficiently and safely, including but not limited to:

Qualified labor and supervision

Equipment, including all required safety devices

Transportation

Operational supplies necessary to complete work

Traffic control measures

Trench safety equipment (e.g., sheeting, shoring)

Communication and coordination with City personnel

Protection of private and public property during all work activities

All crew members shall be properly trained and certified for their assigned tasks. Personnel designated for emergency work must be capable of operating under high-pressure conditions and meeting the response timelines described in Section II.

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Section IV – Proposal Instructions and Schedule

4.1 Anticipated Schedule

Milestone Date Time RFP Issued / First Advertisement Sunday, April 6, 2025 – Second Advertisement Sunday, April 13, 2025 – Non-Mandatory Pre-Proposal Meeting Tuesday, April 15, 2025 11:00 AM Deadline to Submit Questions Wednesday, April 16, 2025 5:00 PM Proposal Submission Deadline Tuesday, April 22, 2025 2:00 PM

Public Opening of Proposals Tuesday, April 22, 2025 Immediately after deadline

A non-mandatory pre-proposal meeting will be held at:

Bay City Council Chambers 1901 5th Street, Bay City, TX 77414 A virtual option will also be available via Microsoft Teams.

To receive a link to the virtual meeting, please send your request to:

Gabriel Lopez at glopez@cityofbaycity.org

4.2 RFP Availability

The full Request for Proposals (RFP) packet, including attachments and exhibits, will be available for download beginning April 6, 2025, on BidNet Direct ( bidnetdirect.com ).

Interested parties may also request the RFP packet by emailing:

Gabriel Lopez at glopez@cityofbaycity.org

4.3 Submission Instructions

Sealed proposals may be submitted through either of the following methods:

Electronic Submission: via BidNet Direct (bidnetdirect.com)

In-Person or Mail Delivery:

City of Bay City – City Secretary's Office 1901 5th Street, Bay City, TX 77414 Proposals must be labeled:

“SEALED PROPOSAL – ON-CALL WATER AND WASTEWATER UTILITY

REPAIR SERVICES”

If submitting a physical proposal to the City Secretary's Office, the proposer must submit five (5) bound copies and one (1) digital copy on a USB flash drive.

All proposals must be received by 2:00 PM CST on Tuesday, April 22, 2025. Late submissions will not be considered.

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Immediately following the deadline, proposals will be publicly opened and recorded in the Bay City Council Chambers.

4.4 Questions and Addenda

All questions, requests for clarification, or requests for additional information regarding this RFP must be submitted by email to:

Gabriel Lopez at glopez@cityofbaycity.org

Questions must be received no later than 5:00 PM on Wednesday, April 16, 2025.

Responses to questions and any addenda to this RFP will be issued through BidNet Direct and posted on the City’s official website at:

https://www.cityofbaycity.org/403/PUBLIC-NOTICES

It is the responsibility of each proposer to check BidNet Direct and the City website for updates prior to submitting a proposal.

4.5 Proposal Validity

Proposals must remain valid and binding for a period of ninety (90) days following the proposal submission deadline.

Section V – Proposal Format Requirements

5.1 General Instructions

Proposals must be clear, concise, and organized in the format outlined below. Each section must be labeled and submitted in the order requested. Failure to provide the required information in the prescribed format may result in disqualification.

All forms and pricing exhibits required in this RFP must be completed and submitted with the proposal

5.2 Proposal Content and Organization

Each proposal must include the following sections, in the order listed:

A. Cover Letter (1 page max)

Briefly introduce the firm, confirm interest in the project, and include a contact person’s name, phone number, and email. The letter must be signed by an authorized representative.

B. Technical and Relevant Experience

Describe the firm’s experience performing similar on-call or emergency response water and sewer utility repairs for municipal clients. Include the number of years in business, types of

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projects completed, and any relevant contract formats (e.g., Time and Materials, Unit Price, Task Order).

C. Key Personnel and Staffing Plan

List the proposed project manager, foremen, and key field staff who will be assigned to the City’s work. Include certifications (e.g., TCEQ licenses), experience with similar projects, and after-hours/emergency coverage. Attach résumés if desired.

D. Project Approach and Emergency Response Capability

Describe the firm's approach to:

Managing scheduled work and work orders

Responding to emergency repairs within required timeframes

Communicating with City personnel during mobilization and repair

Ensuring safety, traffic control, and restoration during field operations

Include any unique strengths, systems, or procedures that improve reliability and response efficiency.

E. References and Past Performance

Provide three to five references for municipalities or public entities where similar work was performed in the last five years. Include:

Agency name and contact info

Brief project description

Contract value

Type of contract (T&M, Unit Price, etc.)

F. Financial Stability, Insurance, and Bonding Capacity

Financial Stability

Proposers shall submit a brief summary of the firm’s financial stability, including:

Statement of financial condition (1–2 paragraphs)

Disclosure of any bankruptcy or default proceedings

Disclosure of pending or past litigation related to similar contracts

Insurance Acknowledgment

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Proposers shall review Exhibit B – Insurance Requirements and confirm their ability to meet the minimum coverages outlined. Each proposer shall provide:

a. Name(s) of current insurance carrier(s)

b. Name and contact information of insurance agent

c. Statement confirming ability to meet required coverage types and limits

d. Total amount of umbrella or excess liability coverage currently in place

e. A sample Certificate of Insurance (COI) or a letter of insurance demonstrating active coverage

Bonding Capacity

The proposer shall submit a letter from a licensed surety or bonding agent confirming their general bonding capacity (e.g., per project and aggregate limits) and stating that the proposer is eligible to obtain performance and/or payment bonds if requested by the City. The City may require bonds on specific Work Orders that exceed applicable thresholds or involve elevated risk.

G. Fee Schedule

Complete and submit the required pricing forms provided in the RFP:

Exhibit A – Price Proposal Sheet

All rates must remain valid for the duration of the contract and any approved renewals.

H. Required Forms and Attachments

Proposers must complete and submit all required forms included in the “Required Forms Packet” provided with this RFP. These forms include, but may not be limited to:

Execution of Offer and Acknowledgment

Addenda Acknowledgment Form

Conflict of Interest Questionnaire (CIQ)

W-9

Note: If federal funding is applied to the contract, additional certifications (e.g., Debarment) may be required at a later date.

Proposers must also review all exhibits and submit any required materials as directed (e.g., Exhibit A – Price Proposal Sheet, Exhibit B – Insurance).

Proposers are encouraged to review the Proposal Submission Checklist (provided separately) to ensure all required forms, exhibits, and documents are included with their submission.

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Section VI Evaluation and Selection

6.1 Evaluation Criteria

Evaluation Criteria Points Technical and Relevant Experience 20 Key Personnel and Staffing Plan 15 Project Approach and Emergency Response Capability

References and Past Performance 10 Financial Stability & Litigation History 10 Financial Proposal (Fee Schedule) 25 Total 100

6.2 Selection and Award Process

The City of Bay City will use a competitive sealed proposal process in accordance with Texas Local Government Code Chapter 252. Proposals will be evaluated and ranked based on the best value to the City, using the weighted criteria listed above.

A designated Evaluation Committee composed of City staff and appointed City officials will review and score each proposal. Based on the evaluation and scoring, the Committee will rank the proposals and may recommend one or more top-ranked proposers for contract award.

The City’s designated representatives may enter into contract negotiations with one or more of the top-ranked proposers to finalize terms and conditions. If negotiations are unsuccessful, the City may initiate negotiations with the next-highest ranked proposer(s), and so on, until a contract is executed or all proposals are rejected.

All decisions will be made in the best interest of the City, and the final award, if any, shall be subject to approval by the Bay City Council.

Section VII – Terms and Conditions

7.1 Reservation of Rights

The City of Bay City reserves the right to:

Reject any or all proposals

Cancel this RFP in whole or in part

Waive any informalities or irregularities in the proposal process

Modify the scope of services described in this RFP

Reissue the RFP as necessary

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Accept the proposal that represents the best value to the City

Submission of a proposal indicates the proposer’s acceptance of all requirements and conditions outlined in this RFP.

7.2 Public Information

All materials submitted under this RFP shall become public record and subject to disclosure under the Texas Public Information Act, except to the extent permitted by law. If the proposer believes any information is confidential, it must be clearly marked as such, with reference to the applicable exception under Texas law.

7.3 Cost of Preparation

All costs incurred by the proposer in preparing and submitting a proposal are the sole responsibility of the proposer. The City will not reimburse any proposer for costs incurred in response to this RFP.

7.4 Non-Collusion and Ethics

By submitting a response, the proposer certifies that its proposal is made independently and without collusion, and that it has not received assistance, information, or favors from any City official or employee that would give it an unfair advantage.

7.5 Conflict of Interest Disclosure

Proposers must complete and submit a Conflict of Interest Questionnaire (Form CIQ) in accordance with Chapter 176 of the Texas Local Government Code. Failure to submit the required form may result in disqualification.

7.6 Insurance and Bonding

The awarded contractor shall be required to meet the insurance standards outlined in Exhibit B of this RFP. Final Certificates of Insurance (COIs) and endorsements must be submitted and approved by the City prior to the start of work.

The City does not require bonding for all work. However, the City reserves the right to require payment and/or performance bonds for specific Work Orders exceeding applicable statutory thresholds ($50,000 for payment bonds; $100,000 for performance bonds), or when determined necessary based on project risk, funding source requirements, or at the City's discretion.

7.7 Contract Award and Execution

Award of the contract is subject to approval by the Bay City Council. Execution of the contract shall occur following completion of negotiations with the top-ranked proposer and approval by the City. No contract shall be considered binding until it is executed by the City and the selected contractor.

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7.8 Use of Subcontractors

The proposer shall identify any subcontractors it intends to use in performance of work under this contract. The City reserves the right to approve or reject any proposed subcontractors. Use of subcontractors shall not relieve the selected contractor of any responsibilities under the contract.

All subcontractors must meet the same insurance and safety requirements as the prime contractor.

7.9 Modifications to Awarded Contract

The City may modify the scope, terms, or conditions of the awarded contract when it is in the City’s best interest to do so. Any such modification must be made in writing and signed by both parties. No verbal agreements or informal communications shall be binding on the City.

7.10 Contract Term and Renewals

The initial term of the contract shall be one (1) year from the date of execution. The City reserves the right to renew the contract for up to two (2) additional one-year terms at its sole discretion, based on performance, funding availability, and continued need for services. Renewal shall occur through mutual written agreement between the City and the Contractor.

7.11 Termination for Convenience

The City reserves the right to terminate the contract, in whole or in part, at any time, for any reason, without cause or default by the contractor. In such event, the City shall provide written notice to the contractor specifying the termination date. The contractor shall be entitled to payment for work satisfactorily performed up to the effective termination date, and for authorized costs reasonably incurred as a result of the termination. No further compensation shall be due.

7.12 Governing Law and Venue

This contract shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles. Venue for any legal action arising from this agreement shall lie exclusively in a court of competent jurisdiction located in Matagorda County, Texas.

7.13 Prevailing Wage Requirements (If Applicable)

If federal funding is used for any portion of the work performed under this contract, the Contractor shall comply with all applicable federal labor standards, including the Davis-Bacon Act and related prevailing wage requirements. The City will notify the Contractor in writing if such requirements are triggered.

The Contractor shall be responsible for complying with all wage determinations, posting requirements, and certified payroll submittals as required by the funding agency.

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7.14 Contractor-Initiated Termination

The Contractor may terminate this contract with not less than thirty (30) calendar days’ written notice to the City, provided that:

The Contractor is not in default, All active Work Orders have been completed or transitioned as approved by the City, and

The Contractor has provided the City with a written final invoice for all authorized and completed work.

The City may withhold final payment until all outstanding deliverables and obligations have been fulfilled. The City reserves the right to issue Work Orders to alternate contractors during the notice period.

7.15 Multiple Awards

The City reserves the right to award contracts to more than one contractor under this solicitation.

If multiple awards are made, the City may issue Work Orders based on contractor availability, cost effectiveness, capacity, or other criteria in the City’s best interest. All awarded contractors shall be bound to the terms, pricing, and response expectations established by the RFP and contract.

Section VIII – Attachments and Exhibits

Exhibits

Exhibit A – Price Proposal Sheet

Exhibit B – Insurance Requirements

Exhibit C – Standard Construction Details (available upon request)

Required Forms (found with Required Forms Packet)

Execution of Offer and Acknowledgment

Addenda Acknowledgment Form

Conflict of Interest Questionnaire (CIQ)

W-9