CSP-AW-8272025-SP.pdf

TABLE OF CONTENTS:

PROPOSAL AND CONTRACT REQUIREMENTS:

1. Table of Contents

2. Notice to Respondents Page 1

3. General Requirements for Proposals Pages 2-13

4. Response Form – CSP Signature Page Page 14

5. Proposal Sheet for Project Page 15

6. Description of work Page 16

7. Agreement Between Owner and Contractor Based on a Stipulated Price Pages 17-23

8. Owner’s Insurance Requirements of Contractor Pages 24-28

9. Special Conditions Pages 29-33

10. Texas’ Minimum Wage Rates Pages 34-38

11. Israel Verification Form Page 39

12. Non-Collusive Affidavit Page 40

13. Affidavit of All Bills Paid Page 41

14. Consent of Surety Company to Final Payment Page 42

15. Bid Bond Pages 43-44

16. Performance Bond Pages 45-47

17. Payment Bond Pages 48-50

18. Part V: Standard General Conditions of the Contract Pages 51-106

19. Part VI: Technical Specifications

a. Technical Specifications: Summary of work

b. Part VII: General Notes - Utility Projects

20. TXDOT Requirements

Pages 108-110

Pages 111-120

Pages 121-124

21. Response Questionnaire & Checklist Pages 125

22. Vicinity Maps / Plans

NOTICE TO RESPONDENTS

REQUEST FOR COMPETITIVE SEALED PROPOSALS

# CSP-AW-8272025-SP

The City of Victoria, “the City,” intends to purchase and invites you to submit a sealed proposal for construction services for:

2025 STRIPING PROJECT

Sealed Proposals addressed to the Procurement Manager will be received until August 27, 2025 at 8:30 AM CST. All Proposals must be in the City’s possession on or before the scheduled date and time (no late proposals will be considered). Documents are available at https://www.bidnetdirect.com/texas/city-of-victoria.

In accordance with Chapter 2269 of the Texas Government Code, the contract will be awarded to the Respondent who provides the best value to the City. The City shall evaluate the proposals on the basis of all factors described herein.

The City reserves the right to refuse and reject any or all proposals.

Proposals will be received by electronic submission only, at Bid Net Direct – Texas Purchasing

Group https://www.bidnetdirect.com/texas/city-of-victoria.

Thomas Anklam CTCD, CTCM

Procurement Manager

City of Victoria

CSP-AW-8272025-SP 1

https://www.bidnetdirect.com/texas/city-of-victoria

PART I

GENERAL REQUIREMENTS FOR PROPOSALS

1. DEVIATION FROM SPECIFICATION/ REQUIREMENTS

Please read the requirements thoroughly and be sure that your proposal complies with all requirements/specifications noted. Any variation from the solicitation requirements/specifications must be clearly indicated by letter, on a point-by-point basis, attached to and made a part of your proposal. If no exceptions are noted, and you are the successful respondent, the City will require that the good/service(s) be provided as specified.

2. GENERAL DESCRIPTION

Pursuant to Chapter 2269 of the Texas Government Code, the City invites the submittal of proposals to this

Request for Competitive Sealed Proposals (CSP) from qualified firms interested in providing construction services in connection with 2025 Striping Project, Striping takes place on multiple streets in Victoria, Tx.

Architect/Engineer – Responsible for the Project:

Name: Ken Gill, P.E. David W Sheblak, P.E. Roland Rodriguez

Title: Director of Public Works City Engineer Operations and Maintenance Manager

Email: Kgill@victoriatx.gov dsheblak@victoriatx.gov Rrodriguez@victoriatx.gov

Location - The Project is located at Various streets in Victoria TX

Project Duration - The City has established a target commencement date for construction activities as 10 days after the Notice of Proceed letter. The projected completion date is estimated to be 60 DAYS. The City reserves the right to modify the commencement date, subject to Owner and Contractor availability, phase the construction of the Project, or modify the schedule as needed and determined by the City due to modifications in scope.

Project Budget - The proposed budget for construction costs for this Project is $85,000, inclusive of all incidental and contingent expenses associated with the construction of the entire scope of the Project.

Proposals are solicited for this service in accordance with the terms, conditions, and instructions set forth in the

CSP guidelines.

3. PURPOSE

The City proposes to retain a highly qualified, capable firm to act as its general contractor for the construction of the Project using the Request for Competitive Sealed Proposal delivery method authorized by chapter 2269 of the Texas Government Code. Firms who participate in this CSP process are sometimes referred to as “Proposers” and “Respondents”.

The City seeks the respondent who provides the best value for the City based on (1) the selection criteria and the weighted value for those criteria and (2) the ranking evaluation.

The construction services requested of Respondents is generally described as the Striping takes place on multiple streets in Victoria, Tx.;and all other appurtenances necessary for the complete Project (the “Work”).

CSP-AW-8272025-SP 2

mailto:Kgill@victoriatx.gov mailto:dsheblak@victoriatx.gov mailto:Rrodriguez@victoriatx.gov

The selected Respondent will be also responsible for: obtaining all applicable permits and inspections; providing all necessary performance and payment bonds and insurance certificates; and providing the City with all manufacturers’ warranties and all operations and maintenance (O & M) manuals for all equipment installed.

The proposal set of Contract Documents, including the forms for the Contract Agreement between Owner and Contractor, General Conditions, Special Conditions, Supplementary Conditions (if any), Response Form, the Insurance Rider for Contractor Coverage, and the requisite bond forms are included with this CSP for Respondents evaluation prior to submission of a Proposal.

4. INTENT

The good/service(s) to be provided under the CSP shall be in accordance with and shall meet all specifications and requirements as shown in this solicitation.

5. OPTIONAL PRE-PROPOSAL CONFERENCE

6. SUBMITTAL OF PROPOSALS

Proposals will be received by electronic submission only, at Bid Net Direct – Texas Purchasing Group https://www.bidnetdirect.com/texas/city-of-victoria, upload the Adobe PDF files of:

• Response Form A – Proposal Signature Page,

• Response Form B – Proposal Form,

• Exhibit 1 – Proposal Sheet with proposal prices,

• All other required forms, and,

• Any Specifications/ Drawings that are required as part of the proposal.

Proposals WILL be accepted electronically through Bid Net Direct only. Responses WILL NOT be accepted via oral communication, telephone, electronic mail, telegraphic transmission, or facsimile transmission.

Proposals may be withdrawn prior to the above scheduled time set for closing. Alterations made before proposal closing must be initiated by Respondents guaranteeing authenticity. Submittal of a proposal constitutes an offer by the Respondent. Once submitted, the proposal becomes the property of the City and as such the City reserves the right to use any ideas contained in any proposal regardless of whether that Respondent is selected.

Submission of a proposal to this solicitation, by any Respondent, shall indicate that the Respondent(s) has accepted the conditions contained in the CSP, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the successful Respondent. Proposals that do not comply with these requirements may be rejected at the option of the City. Proposals must be filed with the City before the deadline day and hour. No late proposals will be accepted or considered. Late proposals will be returned to

Respondent unopened (if properly identified). Failure to meet proposal requirements may be grounds for disqualifying a Respondent.

CSP-AW-8272025-SP 3

An Optional Pre-proposal Conference for all interested parties will be held at the Engineering conference room ,700 Main Center suite 201, Victoria, Tx at 8:30AM CST on August 19, 2025. Attendance at the Optional Pre-proposal Conference may be the only opportunity for respondents to see the existing conditions of the site prior to Proposal due date.

7. BID BOND

Each Proposal must be accompanied by a certified check, cashier’s check, or an approved Bid Bond in the amount of 5% of the Proposal cost, payable to the City of Victoria without recourse, as a guarantee the

Respondent will enter into a contract and execute 100% performance and payment bonds on the forms provided, within ten (10) days after the contract has been awarded.

Proposal guaranty accompanying the Proposal of the apparent best value Respondent will be retained until

Contract is awarded and successful Respondent executes Contract and furnishes required bonds and insurance, after which proposal guaranty will be returned to the Respondent. Proposal guaranty accompanying the second best value Respondent will be retained until Contract is awarded. All other proposal guaranties will be returned after Proposal evaluations and ranking.

All Respondents acknowledge and guarantee that their Proposal will remain open and the pricing therein is affirmed for 120 days after submission of the Proposal.

8. PERFORMANCE AND PAYMENT BONDS

A Performance Bond in the amount of one hundred percent (100%) of the contract price will be required (if the contract exceeds $100,000).

A Payment Bond in the amount of one hundred percent (100%) of the contract price will be required (if the contract amount exceeds $50,000).

The successful Respondent will be required to furnish performance and payment bonds, if required as stated above, in the contract amount on the approved formed attached hereto this CSP, the Project specifications, or the latest edition issued with the contract at the time of award. The bonds must be issued by one or more corporate sureties authorized to do business in Texas as acceptable to the City. All Bonds for values in excess of $100,000 shall be issued by Sureties that are a holder of certificate from the US Secretary of the Treasury or had reinsured the amount in excess of $100,000 by a reinsurer holding such certificate.

9. PROPOSAL OPENING

10. ASSIGNMENT

Respondents are advised that the City shall not allow the successful Respondent to sell, assign, transfer, or convey any part of any contract resulting from this proposal in whole or in part, to a third party without the written approval of the City.

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The City will be accepting sealed Proposals until 8:30 AM CST, on August 27, 2025 at which time they will be opened publicly and the name of the Respondent and the monetary component of the Proposal shall be read aloud.

Any Proposal received after proposal time will be returned unopened. Receipt of proposal does not bind the City to any contract for said services, nor does it give any guarantee that a contract for the Project will be awarded.

11. SCOPE OF WORK

The City anticipates the scope of work to consist of the following responsibilities and the following items will be included in the scope of the 2025 Striping Project:

Project consists of long line pavement striping on North Laurent, Sam Houston Drive, North Ben Jordan Street, Ben Wilson Street, and South-West Ben Jordan Street. Striping includes all cleaning of the pavement. Contractor shall follow all TxDOT Specifications and items 500, 502, 666, 667, and 668. All other appurtenances necessary to complete the Project.

The Project will be designed and constructed so as to meet all applicable federal, state, and local accessibility standards.

The selected Respondent will be also responsible for: obtaining all applicable permits and inspections; providing all necessary performance and payment bonds and insurance certificates; and providing the Owner with all manufacturers’ warranties and all operations and maintenance (O & M) manuals for all equipment installed

The selected Respondent may be required to perform some or all of the following pre-construction and construction services. Preconstruction Services may include, but not necessarily be limited to, planning and value engineering the Work. Construction Services may include, but not necessarily be limited to, all work associated with construction, occupancy and warranty of the facilities.

12. PREPARATION OF PROPOSAL

Proposals MUST give full firm name and address of Respondent, and be manually signed. Failure to do so will disqualify your submittal. The person signing the proposal must show title or AUTHORITY TO BIND FIRM

IN A CONTRACT. Firm name and authorized signature must appear on each page that calls for this information.

The legal status of the Respondent whether corporation, partnership, or individual, shall also be stated in the submittal. A corporation shall execute the submittal by its duly authorized officers in accordance with its corporate bylaws and shall also list the state in which it is incorporated. A partnership Respondent shall give full names and business addresses of all partners. All partners shall execute the submittal. Partnership and Individual

Respondents shall state in the submittal the names and addresses of all persons with a vested interest therein. The place of residence of each Respondent, or the office address of the contractor, with county and state and telephone number, shall be given after the signature. Any costs associated with assembling this submittal will be at the sole expense of the Respondent.

13. WITHDRAWAL

Proposals may be withdrawn prior to the due date for submission. Written notice of withdrawal shall be provided to the Purchasing Supervisor for proposals submitted in hard copy. No proposals may be withdrawn after opening time without reasonable exception in writing and only after written approval by the City.

14. TIME ALLOWED FOR ACTION TAKEN

The City may hold proposals 120 days after submittal deadline without taking action. Respondents are required to hold their proposals firm for same period of time.

15. ALTERATIONS/AMENDMENTS TO RESPONSES

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

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16. LIST OF EXCEPTIONS

The Respondent shall attach to the proposal a list of any exceptions to the specifications/requirements, on a point-by-point basis.

17. NAME BRANDS

Specifications may reference name brands and model numbers. It is not the intent of the City to restrict these proposals in such cases, but to establish a desired quality level of merchandise or to meet a pre-established standard due to like existing items. Respondents may offer items of equal stature and the burden of proof of such stature rests with Respondents. The City shall act as sole judge in determining equality and acceptability of products offered.

1. INSPECTIONS & TESTING

The City reserves the right to inspect any item(s) or service location for compliance with specifications and requirements and needs of the using department. If a Respondent cannot furnish a sample of a proposal item, where applicable, for review, or fails to satisfactorily show an ability to perform, the City can reject the proposal as inadequate.

1. PRICING

Prices for all goods or services shall be firm for the duration of this contract and shall be stated on the Proposal

Form, Exhibit 1 – Proposal Sheet. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the contractor and included in the proposal prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, Respondent

MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails.

2. INTERPRETATIONS

Any questions concerning the requirements or scope of work with regards to this proposal shall be directed to the designated individuals as outlined herein. Such interpretations, which may affect the eventual outcome of this proposal for Respondents, shall be furnished in writing to all prospective Respondents via Addendum. No interpretation shall be considered binding unless provided in writing by the City of Victoria in accordance with paragraph titled “ADDENDA AND MODIFICATIONS.”

18. ANTICIPATED TERM OF CONTRACT

The anticipated term for the proposed contract is for the Project Duration until Final Completion of the Project.

19. EVALUATION

The evaluation process shall be used to determine which proposal items or services meet the criteria described in

“AWARD OF CONTRACT” Section. All proposals are subject to tabulation by the City and recommendation to the City Council. Compliance with all proposal requirements, delivery and needs of the using department are considerations in evaluating proposals. The City reserves the right to contact any Respondent, at any time, to clarify, verify or request information with regard to any proposal.

CSP-AW-8272025-SP 6

20. AWARD OF CONTRACT

In accordance with Section 2269.151 of the Texas Government Code, the City seeks to contract with the best value Respondent. In determining the best value proposal pursuant to Section 2269.055, the City may consider the following criteria:

1) the purchase price;

2) the experience and reputation of the Respondent and of the Respondent's goods or services;

3) the quality of the Respondent's goods or services;

4) the impact on the ability of the City to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities;

5) the Respondent’s safety record;

6) the Respondent’s proposed personnel;

7) whether the Respondent’s financial capability is appropriate to the size and scope of the Project; and

8) any other relevant criteria specifically listed in the Request for Proposals.

Respondents must provide sufficient information to allow the City to evaluate Proposals based on criteria above and the weighted selection criteria included in “Selection Criteria” Section. To demonstrate qualifications to perform the Work, each Respondent must include with its submission written evidence, such as financial data, previous experience, present commitments and other such data that meets the best value considerations outlined in Section 2269.055 of the Texas Government Code. Each Proposal must contain evidence of Respondents qualification to do business in the state of Texas or covenant to obtain such qualification prior to award of the Contract.

21. SELECTION PROCESS

Respondents should prepare a sealed proposal responsive to all information requested in this CSP.

The City will use a selection committee to evaluate the proposals. The City will select the Respondent that submits the proposal that offers the best value for the Owner based on the criteria in this request and its ranking evaluation.

The proposal received will be part of the selection process utilized by Owner. Owner reserves the right to and may contact Respondents with questions or clarifications relating to that Respondents response to this CSP.

The City’s selection committee, not later than the 45th day after the date on which the proposals are opened, the governmental entity shall evaluate and rank each proposal submitted in relation to the published selection criteria.The City will then negotiate with the highest ranked Respondent as allowed by statute. The set of Contract

Documents, including the forms for the Contract Agreement between the City and Contractor, the Standard

General Conditions of the Contract, the Insurance Rider (Exhibit A to the Contract Agreement), the Special

Conditions (Exhibit B to the Contract), the Minimum Wage Rates (Exhibit C to the Contract Agreement), the

Technical Specifications, the requisite bond forms, and the Drawings and Specifications are included with this

CSP for Respondent evaluation prior to submission of a Proposal. If a contract cannot be successfully negotiated with the highest ranked Respondent, in the opinion of the City, negotiations will be terminated and the City will proceed to negotiate with the next highest ranked Respondent in the order of the selection ranking until a mutually agreed contract can be negotiated or all proposals are rejected.

CSP-AW-8272025-SP 7

22. SELECTION CRITERIA

The selection criteria used to evaluate the CSP will include, but not be limited to, the following (items listed below are not listed in order of importance):

o The Cost of the Work (weighted at 40%).

o Proposed Schedule/Contract Time (weighted at 25%).

o Past Performance on Similar Projects. The qualifications, reputation, capability and past performance of the contractor and the contractor’s subcontractors and suppliers (to the extent identifiable at the time of proposal submission) on improvement projects of similar size and scope (weighted at 15%).

o The available resources to complete the project. This criterion would include personnel, resources and methodologies commonly used by your firm that may be applicable to the project categories (weighted at

5%).

o Overall Qualifications, Reputation, Past Relationship with the City. This includes the qualifications, reputation, capability, safety record, financial capability, and contractor’s past relationship and experience with the City or other public entities (weighted at 5%).

o The Contractor’s corporate history and stability. This criterion includes the historical stability, corporate structure, history of litigation or arbitration, and a statement of any liquidated damages that have previously been withheld by public owner clients of the Respondent on projects in the last five (5) years

(weighted at 5%).

o References. Respondent must provide at least 5 references from projects of similar size and scope, including name, title, phone number, and project (weighted at 5%).

SELECTION CRITERIA WEIGHTED VALUE

Cost of Work 40% Schedule/Contract Time 25% Past Performance on Similar Projects 15% Available Resources 5% Overall Qualifications, Reputation, Past Relationship 5% Corporate History and Stability 5% References 5% Total 100%

Respondents shall include with the proposal all information and qualifications to allow the City’s selection committee to evaluate the proposal in accordance with this section and the evaluation criteria listed here. The

City reserves the right to request additional post-proposal information from any or all Respondents to assist in evaluating the proposal based on the selection criteria. The City reserves the right to reject any and all proposals.

The City reserves the right to waive any and all irregularities in proposals.

The City reserves the right to make an award on the basis of low line item, low total of lines items, or in any other combination that serves the best interest of the City and to reject any and all proposals or line items at the City’s sole discretion. For the purpose of evaluation, any item left blank will be deemed “no response.”

The City reserves the right to accept any item or group of items on this proposal, unless the Repondent qualifies his/her proposal by specific limitations.

23. RIGHT TO REJECT/ AWARD

The City reserves the right to reject any or all proposals, to waive any or all formalities or technicalities, and to make such awards of contract to the Respondent who provides the best value to the City.

CSP-AW-8272025-SP 8

24. CLARIFICATION OF REQUIREMENTS AND QUESTIONS

All requests for additional information or clarification concerning this proposal must be submitted in writing using the eProcurement site at https://www.bidnetdirect.com/texas/city-of-victoria or can be emailed to the

Staff Contact Person on or before 12:00 PM CST, August 21st 2025. Questions received after the stated deadline will not be answered. Questions submitted and the City’s responses will be posted with this proposal as addenda.

25. RESTRICTIONS ON COMMUNICATION

Respondent(s) are prohibited from communicating with: 1) the City of Victoria City Council Members and City staff regarding the CSP or proposals from the time the CSP has been released until the contract is posted as a City

Council agenda item; and 2) City employees from the time the CSP has been released until the contract is awarded.

These restrictions extend to “thank you” letters, phone calls, emails and any contact that results in the direct or indirect discussion of the CSP or proposal submitted by Respondent. Violation of this provision by Respondent or its agent may lead to disqualification of Respondent’s proposal from consideration.

Exceptions to the restrictions on communication with City employees include:

Respondents may ask verbal questions concerning this CSP at the Pre-Submittal Conference or submit clarification requests pursuant to “ADDENDA AND MODIFICATIONS” Section.

29. ADDENDA AND MODIFICATIONS

Any changes, additions, or clarifications to the CSP are made by amendments (addenda) and will be posted on the eProcurement site at https://www.bidnetdirect.com/texas/city-of-victoria. Any Respondent in doubt as to the true meaning of any part of the CSP or other documents may request an interpretation from the Staff Contact

Person. At the request of the Respondent, or in the event the Staff Contact Person deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Department. Such addendum will be attached to the original CSP in the Public Purchase file and will become part of the CSP package having the same binding effect as provisions of the original CSP. It shall be the Respondent’s responsibility to ensure that they have received all Addenda with respect to this project. Furthermore, Respondents are advised that they must recognize, comply with, and attach a signed copy of each Addendum which shall be made part of their proposal. Respondent’s signature on Addenda shall be interpreted as the Respondent’s recognition and compliance to official changes as outlined by the City and as such are made part of the original CSP documents.

Failure of any Respondent to receive any such addendum or interpretation shall not relieve such Respondent from its terms and requirements. Addendums are available online at https://www.bidnetdirect.com/texas/city-of-victoria. No verbal explanations or interpretations will be binding. The City does not assume responsibility for the receipt of any addendum sent to Respondents.

30. INVITATION FOR PROPOSAL PREPARATION COSTS

Issuance of this CSP does not commit the City, in any way, to pay any costs incurred in the preparation and submission of a proposal. All costs related to the preparation and submission of this CSP shall be borne by the

Respondent.

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https://www.bidnetdirect.com/texas/city-of-victoria https://www.bidnetdirect.com/texas/city-of-victoria

31. EQUAL EMPLOYMENT OPPORTUNITY

Respondent agrees that it will not discriminate in hiring, promotion, treatment, or other terms and conditions of employment based on race, sex, national origin, age, disability, or in any way violate Title VII of 1964 Civil

Rights Act and amendments, except as permitted by said laws.

32. INDEPENDENT CONTRACTOR

It is expressly understood and agreed by both parties hereto that the City is contracting with the successful

Respondent as independent contractor. The parties hereto understand and agree that the City shall not be liable for any claims which may be asserted by any third party occurring in connection with the services to be performed by the successful Respondent under this contract and that the successful Respondent has no authority to bind the

City.

33. INSURANCE

Required Insurance Coverage. Any of the coverage set forth below may be waived by the City in its sole discretion, but any such waiver must be signed by an authorized representative of the City. The contracted

Respondent will be required to maintain, at all times during performance of the Contract.

34 . WARRANTIES

Respondents shall furnish all data pertinent to warranties or guarantees which may apply to items in the proposal. The

Respondent shall warrant that any equipment furnished or work performed shall be free from defects in design, materials, workmanship, and will give successful service under the specified operating conditions. Furthermore, the Respondent agrees, upon notice from the City, to make good all defects in design, materials, or performance developing in the materials or equipment under its intended use for at least twelve (12) months from the date of installation and initial operation, or the manufacturer’s warranty whichever is greater length of time. In the event that the equipment must be returned to the factory under warranty, the Respondent shall be responsible for delivery charges both to and from the factory.

35. INDEMNIFICATION CLAUSE

TO THE FULLEST EXTENT PERMITTED BY LAW, THE RESPONDENT SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS

THE CITY OF VICTORIA AND EACH COUNCIL MEMBER, OFFICER, EMPLOYEE OR AGENT THEREOF (THE CITY OF

VICTORIA AND ANY SUCH PERSON BEING HEREIN CALLED AN “INDEMNIFIED PARTY”), FOR, FROM AND AGAINST ANY

AND ALL LOSSES, CLAIMS, DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES AND COURT COSTS) TO WHICH ANY SUCH INDEMNIFIED PARTY MAY BECOME

SUBJECT, UNDER ANY THEORY OF LIABILITY WHATSOEVER (“CLAIMS”), INSOFAR AS SUCH CLAIMS (OR ACTIONS IN

RESPECT THEREOF) RELATE TO, ARISE OUT OF, OR ARE CAUSED BY THE GOODS OR SERVICES PROVIDED BY THE

RESPONDENT, ITS OFFICERS, EMPLOYEES, AGENTS, OR ANY TIER OF SUBCONTRACTOR IN THE PERFORMANCE OF THIS

AGREEMENT.

36. RESPONDENT’S EMPLOYEES

Neither the Respondent nor his/her employees engaged in fulfilling the terms and conditions of any awarded contract shall be employees of the City. The method and manner of performance of such undertakings shall be under the exclusive control of the Respondent on contract. The City shall have the right of inspection of said undertakings at any time.

37. VERBAL THREATS

Any threats made to any employee of the City, be it verbal or written, to discontinue the providing of item/material/services for whatever reason or reasons shall be considered a breach of contract and the City will immediately sever the Contract with the Respondent.

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38. CONFIDENTIAL INFORMATION

A. Any information deemed to be confidential or proprietary by the Respondent should be clearly annotated on the pages where confidential or proprietary information is contained. The City cannot guarantee that it will not be required to disclose all or part of any public record under Texas Public Information Act, since information deemed to be confidential or proprietary by the Respondent may not be confidential or proprietary under Texas

Law, or pursuant to a Court order. Pursuant to SB 943, the City must disclose certain contracting information and the law presumes that most contracting information is public. Certain types of contracting information must generally be released under the Public Information Act: overall price; price and description of items or services to be delivered; delivery and service deadlines; remedies for breach of contract; identity of the parties to the

Contract; execution and effective dates; and information connected. to a vendor or contractor’s performance on the Contract. Additionally, information regarding performance under the Contract, including breaches of the

Contract, Contract variances, amendments, liquidated damages, and other penalties for non-performance, must generally be released under the Public Information Act.

B. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this CSP and the Respondent agrees that the Contract can be terminated if the Respondent knowingly or intentionally fails to comply with a requirement of that subchapter.

39. JURISDICTION

Contract(s) executed as part of this proposal shall be subject to and governed under the laws of the State of Texas.

Any and all obligations and payments are due and performable and payable in Victoria County, Texas.

40. VENUE

The parties agree that exclusive venue for purposes of any and all lawsuits, cause of action, arbitration, or any other dispute(s) shall be in Victoria County, Texas.

41. CONFLICT OF INTEREST

Chapter 176 of the Texas Local Government Code requires that any Respondent or person considering doing business with a local government entity must disclose in the Questionnaire Form CIQ, the Respondent or person’s affiliation or business relationship that might cause a conflict of interest with a local government entity. This questionnaire must be filed, by law, with the City of Victoria no later than the 7th business day after the date the person becomes aware of facts that require the statement be filed. See Section 176.006, Local Government Code.

A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. For more information or to obtain the Questionnaire CIQ go to the Texas Ethics

Commission web page at www.ethics.state.tx.us/forms/CIQ.pdf.

IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR OWN LEGAL

COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF EACH PERSON OR

AGENT OF A PERSON WHO IS SUBJECT TO THE FILING REQUIREMENT. AN OFFENSE UNDER

CHAPTER 176 IS A MISDEMEANOR.

42. CERTIFICATE OF INTERESTED PARTIES

Pursuant to Section 2252.908, Texas Government Code, as amended and formal rules released by the Texas Ethics

Commission (TEC), all contracts with private business entities requiring approval by the City of Victoria City

Council, will require the on-line completion of Form 1295 "Certificate of Interested Parties." Form 1295 is also

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http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=GV&Value=552 http://www.ethics.state.tx.us/forms/CIQ.pdf required for any and all contract amendments, extensions or renewals. Respondents are required to complete and file electronically with the Texas Ethics Commission using the online filing application.

Please visit the State of Texas Ethics Commission website, https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm and https://www.ethics.state.tx.us/tec/1295-

Info.htm for more information.

IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR OWN LEGAL

COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF EACH PERSON OR

AGENT OF A PERSON WHO IS SUBJECT TO THE FILING REQUIREMENT.

43. CONFIDENTIALITY OF INFORMATION AND SECURITY

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

44. SUBSTITUTIONS/CANCELLATIONS OF PROPOSALS

No substitutions or cancellations are permitted without the approval of the City.

45. ADDITIONAL REPRESENTATION

Respondents submitting a proposal to this CSP must submit a verified statement (Attachment B) that it does not boycott Israel and will not boycott Israel during the term of the Agreement as described in Chapter 2270 of the

Texas Government Code as amended. Failure to comply with this requirement is grounds for disqualification;

however, the City reserves the right to contact any Respondent who fails to comply initially to correct the omission or to confirm the Respondents policy.

46. AGREEMENT

The successful Respondent shall enter into the City’s Contract Agreement, Standard General Conditions of the

Contract, Special Conditions, and Supplementary Conditions, if any

47. PROJECT SCHEDULES

A. The successful respondent will provide a project schedule in the form of a Gantt Chart as part of the construction start up documents.

B. Project Schedules shall indicate the times (number of days or dates) for starting and completing various stages of work, including but not limited to mobilization, barricading/traffic control, water line improvements, sanitary sewer line improvements, storm sewer improvements, excavation, subgrade preparation, base work, pavement applications, lane closures or traffic changes, striping, final clean-up, as well as date of placement and anticipated delivery date of major equipment that is a part of this project.

C. Project Schedules shall be updated on a monthly basis and submitted as a part of the supporting documents for each application for payment, except for final payment

CSP-AW-8272025-SP 12

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm https://www.ethics.state.tx.us/tec/1295-Info.htm https://www.ethics.state.tx.us/tec/1295-Info.htm

PART II

COMPETITIVE SEALES PROPOSAL SIGNATURE PAGE

SUBMIT TO:

The City of Victoria

Procurement Manager

Bid Net Direct – Texas Purchasing Group https://www.bidnetdirect.com/texas/city-of-victoria

REQUEST FOR COMPETITIVE

SEALED PROPOSAL (CSP)

Title: 2025 Striping Project Number: CSP-AW-8272025-SP Closing Date & Time: August 27, 2025 @ 8:30 AM CST

NAME OF PARTNERSHIP, CORPORATION OR INDIVIDUAL TAXPAYER IDENTIFICATION

NUMBER

MAILING ADDRESS

NO RESPONSE: If not submitting a response, state reason below and return one copy of this form

CITY, STATE ZIP

PHONE

EMAIL

FAX

WEB ADDRESS

DELIVERY: Calendar days after receipt of Purchase Order:

__________ days (ARO)

RESPONSES ARE FIRM FOR ACCEPTANCE FOR 120 DAYS

YES NO OTHER

PAYMENT TERMS

_______ % / Net _______

I certify that this response is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a response for the same materials, supplies, or equipment and is in all respects fair and without collusion or fraud. I agree to all conditions of this response and certify that I am authorized to sign this response for the Respondent. In submitting a response to the City, the Respondent offers and agrees that if the response is accepted, the Respondent will convey, sell, assign or transfer to the City all rights, titles and interest in and to all causes to action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Texas for price fixing relating to the particular commodities or services purchased or acquired by the City. At the City’s discretion, such assignment shall be made and become effective at the time the City tenders final payment to the Respondent.

AUTHORIZED SIGNATURE DATE PRINTED NAME/TITLE

Please initial by all that apply. I acknowledge receipt of the following addendum.

Addendum #1 __________ Addendum #2 __________ Addendum #3 __________

Please Note:

• This page must be completed and returned with your proposal.

• Proposals received after the above closing date and time will not be accepted.

CSP-AW-8272025-SP 13

Part III Exhibit 1 to Proposal Form

Contractor may reduce or increase project time. Write proposed time as either specified above or contractor proposed time.

ITEM

NO.

DESCRIPTION

UNIT OF

MEASURE

ESTIMATED

QUANTITY

PER UNIT

UNIT

PRICE

AMOUNT PROPOSAL

(QTY. X PRICE)

1 Mobilization (Maximum of 10% of Base Proposal) (500) Lump-sum 1 $ $

2 Traffic Control and Barricading (Texas MUTCD) (502) Lump-sum 1 $ $

3 Pavement Surface Prep. For Markings (4") (678) Linear Foot/F 138,110 $ $

Remove Pavement Markings (4") (Solid) (Excessive Build-up)

(677) Linear Foot/F 1,500 $ $

Remove Pavement Markings (4") (Skip) (Excessive Build-up)

(677) Linear Foot/F 500 $ $

Reflective Pvmt. Marking (4") (Solid) (Yellow) (Type 1 w/ No. 2 Beads) (90 Mil.) (666)

Linear Foot/Feet 81,000 $ $

Reflective Pvmt. Marking (4") (Skip) (Yellow) (Type 1 w/ No. 2 Beads) (90 Mil.) (666)

Linear Foot/Feet 14,900 $ $

Reflective Pvmt. Marking (4") (Skip) (White) (Type 1 w/ No. 2 Beads) (90 Mil.) (666)

Linear Foot/Feet 17,160 $ $

Reflective Pvmt. Marking (4") (Solid) (White) (Type 1 w/ No. 2 Beads) (90 Mil.) (666)

Linear Foot/Feet 17,630 $ $

TOTAL BASE PROPOSAL IN WORDS:

DOLLARS and CENTS

Full Legal Name_________________________________________________________________

Trade Name_____________________________________________________________________

Address________________________________________________________________________

City,State,Zip___________________________________________________________________

Telephone No._________________________ Fax No._______________________________

Email_______________________________________

Signature of Authorized Representative_________________________________________________

Printed Name & Title:_____________________________________________________________

By submitting the above and signing below, the signer agrees that acceptance of any or all quotations by the governmental unit that posted the proposal constitutes a contract in accordance with the Request for Proposal and Proposal Form, General Conditions, Technical Specifications and other contract documents that accompanies the request for proposal or were available for examination by proposers with respect to this item. Including provisions as to indemnification that may be included therein.

The undersigned certifies that he has fully read and understands this Request for Proposal and has full knowledge of the scope, quantity, and quality of the services to be furnished and intends to adhere to the provisions described herein. The undersigned also affirms that they are duly authorized to submit this proposal, that this proposal has not been prepared in collusion with any other Proposer, and that the contents of this proposal have not been communicated to any other Proposer prior to the official opening of this proposal.

Additionally, the undersigned affirms that the firm is willing to sign a Standard Form of Contract.

It is agreed that all work on the 2025 STRIPING PROJECT shall be completed within 60 calendar days of the date specified in the written Notice to Proceed.

TOTAL BASE PROPOSAL ………… $ _________________________

PROPOSAL SHEET FOR

2025 STRIPING PROJECT (VARIOUS LOCATIONS)

The Proposal Sheet shall be attached to and shall be a part of the complete Contract Documents.

The Engineer Estimate for this Contract is $100,000.00

CSP-AW-8272025-SP 14

DESCRIPTION OF WORK

2025 Striping Project

Striping takes place on multiple streets in Victoria, Tx.

Project Scope:

Project consists of long line pavement striping on North Laurent, Sam Houston Drive, North Ben

Jordan Street, Ben Wilson Street, and South-West Ben Jordan Street.

Striping includes all cleaning of the pavement. Contractor shall follow all TxDOT Specifications and items 500, 502, 666, 667, and 668.

Engineer:

City of Victoria

Ken Gill, P.E., David W Sheblak, P.E.

702 N. Main

Victoria, TX 77901

(361) 485-3340

Construction Time: 60 Days

Engineers Estimated Cost: $ 80,000

Liquidated Damages: $500/day

City of Victoria Standard Specifications for Public Works Construction Version 2014.4 may be viewed at https://www.victoriatx.gov/DocumentCenter/View/577/City-of-Victoria-Public-

Works-Construction-PDF. All references in the City of Victoria Standard Specifications to TX

DOT "Standard Specifications For Construction and Maintenance of Highways, Streets, and

Bridges" 2004 shall be modified to reference the current TxDOT "Standard Specifications For

Construction and Maintenance of Highways, Streets, and Bridges" 2014.

CSP-AW-8272025-SP 15

https://www.victoriatx.gov/DocumentCenter/View/577/City-of-Victoria-Public-Works-Construction-PDF https://www.victoriatx.gov/DocumentCenter/View/577/City-of-Victoria-Public-Works-Construction-PDF

AGREEMENT BETWEEN OWNER AND CONTRACTOR BASED ON A

STIPULATED PRICE

THIS AGREEMENT is dated as of the day of of the year

20__ by and between the CITY OF VICTORIA, TEXAS (Owner) and

(Contractor).

Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows:

ARTICLE 1 - WORK

1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents as listed below:

Contract Agreement, including all exhibits

Standard General Conditions of the Contract

Special Conditions

Supplementary Conditions, if any

Technical Specifications

Plans

Performance Bond

Payment Bond

There are no Contract Documents other than those listed in this Article. The Contract Documents may only be amended, modified, or supplemented as provided in Article 3.3 of the General Conditions.

The Work is generally described as follows:

• Project consists of long line pavement striping on North Laurent, Sam Houston Drive, North

Ben Jordan Street, Ben Wilson Street, and South-West Ben Jordan Street.

• Striping includes all cleaning of the pavement. Contractor shall follow all TxDOT

Specifications and items 500, 502, 666, 667, and 668.

• All other appurtenances necessary to complete the Project.

ARTICLE 2 - THE PROJECT

2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows:

2025 STRIPING PROJECT, various roads in Victoria, TX

ARTICLE 3 - ENGINEER

3.01 The Project has been designed by:

Ken Gill

City of Victoria

702 N. Main St., Suite 201

Victoria, TX 77901

CSP-AW-8272025-SP 16

ARTICLE 4 - CONTRACT TIMES

4.01 Time of the Essence

Time limits stated in the Contract Documents are of the essence of the Contract. In all aspects of the Work, including any time limits for Milestones, Substantial Completion, and Final Completion, time is of the essence of the Contract. Additionally, time limits stated in the Project Schedule are of the essence. By executing this Contract Agreement, the Contractor confirms that the Contract

Time is a reasonable period for performing the Work.

4.02 Days to Achieve Substantial Completion and Final Payment

The City of Victoria has established a target commencement date for construction activities as 10 days following issuance of Notice to Proceed. The Work shall be substantially complete within

Sixty 60 Calendar Days from the notice to proceed date and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within 30 calendar days after the

Substantial Completion date.

4.03 Liquidated Damages

Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General

Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner Five Hundred

Dollars ($ 500.00) per calendar day for each day that expires after the time specified in Paragraph

4.02 for Substantial Completion until the Work is substantially complete. After Substantial

Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the

Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner

Five Hundred Dollars ($ 500.00) per calendar day for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment.

4.04 Special Damages

A. In addition to the amount provided for in liquidated damages, Contractor shall reimburse Owner

(1) for any fines or penalties imposed on Owner as a direct result of the Contractors failure to attain

Substantial Completion according to the Contract Times, and (2) for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Substantial Completion (as duly adjusted pursuant to the Contract), until the Work is substantially complete.

B. After Contractor achieves Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times, Contractor shall reimburse Owner for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Work to be completed and ready for final payment (as duly adjusted pursuant to the Contract), until the

Work is completed and ready for final payment.

CSP-AW-8272025-SP 17

ARTICLE 5 - CONTRACT PRICE

5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract

Documents the amounts that follows, subject to adjustment under the Contract for all Work. The

Contract Price shall be ________________________Dollars and ________ Cents ($ .00), subject to additions and deductions as provided in the Contract Documents. Contractor shall prepare a baseline Project Schedule and Schedule of Values on which the Contract Price is based, which will be attached to this Contract.

For all Unit Price Work, an amount equal to the sum of the extended prices (established for each separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that item), see Proposal Form Exhibit 1 – Proposal Sheet.

The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based on estimated quantities. As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer.

ARTICLE 6 - PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments

Contractor shall submit Applications for Payment on the ____ of the month to the Engineer.

Payment by Owner, following review of the Application for Payment by the Engineer, shall be made in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. Each Application for Payment shall be based on the most recent Schedule of Values submitted by the Contractor in accordance with the Contract Documents.