ESBD_479807_1767045469962_FY25-28 SPEC BOOK.pdf

Vanessa Perez

District VII

Alyssa Cigarroa District VIII

Gilbert Gonzalez

District I - Mayor Pro Tempore

Ricardo Richie Rangel, Jr.

District II

Melissa R. Cigarroa

District III

Fleet Metal Shade Structure

COUNCIL MEMBERS

CITY OF LAREDO

ENGINEERING DEPARTMENT

PLANS AND SPECIFICATIONS FOR

FY25-ENG-28

Honorable Dr. Victor D. Treviño, Mayor

Ricardo "Rick" Garza District IV

Eliud De Los Santos, P.E.

City Engineer

Joseph Neeb City Manager

Ruben Gutierrez, Jr.

District V

Dr. David Tyler King

District VI

1110 Houston St.

Laredo, Texas, 78040 rcastro1 Image rcastro1 Snapshot rcastro1 Snapshot

Division A

Division B

Ethics Commission Rules

Division D - Technical Provisions

Section D-1 Specifications Pre-Engineering Metal Building

Notice to Bidders

Section A-7

Section A-8

Section A-1

Section A-2

Section A-3

Section A-4

Section A-5

Information to Bidders

Advise to Bidders

Information to Contractors

FY25-ENG-28

Fleet Metal Shade Structure

TABLE OF CONTENTS

Section A-9

Contract Time & Liquidated Damages

Equal Opportunity Clause

Wage Determination

Inspection by City

Project Sign

Illegal Dumping

Checklist for Bidders

Performance Bond/Payment Bond

Contractors/Subcontractors Certificate of Insurance

Notice of Award

Notice to Proceed

Certificate of Owner’s Attorney

Section A-6

Section A-10

Section A-11

Section A-12

Construction Contract

Section C-2

Section C-3

Section C-4

Section B-1

Section B-2

Section B-3

Section B-4

Section B-5

Section B-6

Proposal, Affidavit, Bid Schedule, Information from Bidders, and Bid Bond https://www.cityoflaredo.com/home/showpublisheddocument/308/638092210923830000

Prosecution and Progress

Measurement and Payment

Warranty Statement Form

Section C-11

Section C-8

Section C-9

Section C-10

Refer to the following link:

Definition of Terms

Definition of Abbreviations

Instruction to Bidders

Award and Execution of Contract

Scope of Work

Control of Work and Materials

Legal Relations and Responsibilities to the Public

Section C-5

Section C-6

Section C-7

Division C

Section C-1

1110 Houston St.

Laredo, Texas, 78040

Bids shall be based on a per unit of work basis and shall include dollar amounts for each specific unit in improvements listed including those items listed as alternatives as per the proposal sheet included in the specifications of this project.

Construction contract time for the project is

SECTION A-2

INFORMATION TO BIDDERS

Sealed bids will be received at City Secretary’s Office, 1110 Houston Street, 3rd floor, City Hall Building, Laredo, Texas, for the furnishing of all necessary materials, machinery, equipment, labor, superintendence, and all other services and appurtenances required for certain improvements in the City of Laredo and shall include acknowledgment of addenda submitted, and all other documents included in said bid call. Said bids shall be marked, FY25-ENG-28

Fleet Metal Shade Structure

Working days

This project consists of constructing a 19 ft height Pre-Engineering Metal Shade Structure of 80ft x 100ft with a 5 ft perimeter siding, gutters, downspouts, and concrete splash pads at the City of Laredo Fleet Department. Also includes the installation of LED lighting and wire mesh to prevent migration of birds; in compliance with the latest Building and Electrical Codes adopted by the City of Laredo.

Further, on federally funded projects, contractor must comply with the Federal Labor Standards Provision, Davis Bacon Act, Equal Opportunity Clause, Wage Determination and HUD and Urban Development Federal Requirements especially as it regards payrolls and basic records. All structural and reinforcement steel shall follow the Build America, Buy America Act (BABAA).

Each proposal and a proposal guaranty must be originals and must be sealed in an envelope plainly marked with the name of the project as shown above, and the name and address of the Bidder. For Bidders electing to submit Bids and Bid Guaranties electronically via Cit-E-Bid, Bid Guaranties will be verified by the Owner prior to bid certification and electronic copies of Bid Guaranties will not be returned to Bidders. Mailed bids (i.e. USPS, FedEx, UPS), telegraphic, or facsimile submittals will not be allowed/considered. Only the bids and bid guaranties actually in the hands of the designated official at the time set in this Notice to Bidders shall be considered.

The City reserves the right to award the contract on the basis of the alternative which appears most advantageous to the City, to reject any or all bids, to waive objections based on failure to comply with formalities, and to allow the correction of obvious or patent errors. Bidders are expressly advised to review Section C-3 of the General Conditions of the proposed contract as to the causes which may lead to the disqualification of a bidder and/or the rejection of a bid proposal. Unless all bids are rejected, Owner agrees to give Notice of Award of contract to the successful bidder within ninety (90) days from the date of the bid opening.

Page 1 of 3Information to Bidders

In the event the base bid amount is $50,000.00 or LESS than $50,000.00, a Payment Bond and Performance Bond will NOT BE REQUIRED. A Bid Guarantee in the form of a Cashier’s or Certified Check or Bid Bond and the Certificate of Insurance however, WILL BE REQUIRED. Under the above conditions, the successful bidder for the project is hereby advised that the total contract price will be paid in ONE PAYMENT upon completion and acceptance of the project by the City of Laredo. Cashier’s checks are not to be released until a contract for the project has been approved by City Council and signed by the City Manager.

Over 1,000,000

Bidders are expected to inspect the site of the work and to inform themselves regarding all local conditions.

The Instructions to Bidders, Forms of Bid, Form of Contract, Plans, Specifications, Form of Bid Bond, Performance and Payment Bonds and other contractual documents may be examined free of charge at the City of Laredo Engineering Department, 1110 Houston Street, Laredo, Texas 78040.

Copies of the plans and specifications may be reviewed free of charge at the City Engineer's office, 1110 Houston Street, Laredo, Texas, or on the Cit-E-Bid web page under the Attachments Section.

https://cityoflaredo.ionwave.net/

A

All lump sum and unit prices must be stated in both script and figures.

Information to Bidders Page 2 of 3

Bid proposals over $50,000.00 shall comply with all conditions of the bid documents.

Any other division or section of this project’s specifications having reference to Bid Guarantee, Cashier’s or Certified Check, Bid Bond, Payment Bond, or Performance Bond, or having mention at all, to the requirements of bonds, is hereby amended to concur with the above conditions ONLY when the base bid is LESS THAN $50,000.00.

Bidders for the construction work must submit a satisfactory cashier’s or certified check, or bidder’s bond having a minimum Best’s Rating A according to Best’s Key Rating Guide Latest Edition from a surety duly authorized and licensed in the State of Texas, payable without recourse to the order of the City of Laredo, Texas, in an amount not less than five percent (5%) of the total bid based on the bid which check or bond shall be submitted as a guarantee that the bidder will enter into a contract, and execute performance and payment bonds within ten (10) days after Notice of Award of contract is given to him for contracts in excess of $50,000.00. Bids without the required check or bond will NOT be considered.

The successful bidder for the construction of the improvements must furnish a Certificate of Insurance, and a satisfactory Performance Bond in the amount of 100% of the total contract price, and a satisfactory Payment Bond in such amount, duly executed by such bidder as principal and by a corporate surety duly authorized so to act under the laws of the State of Texas. The successful bidder will be required to provide Performance and Payment Bonds issued by an insurance company which meets the minimum State requirements and is licensed in the State of Texas, and has a Best’s Key according to Best’s Key Rating Guide Latest Edition as follows:

A

A

Minimum Best’s RatingConstruction Contract

50,001 - 250,000

250,000 - 1,000,000

Information to Bidders Page 3 of 3

Contractor’s attention is directed to Special Provision 000-6233, “Important Notice to Contractors” and “Statement of Materials and Other Charges” which will be included in all projects, beginning with the September 1991 letting.

These establish the procedures whereby the Contractor will be permitted to obtain an exemption from the sales tax on certain materials. See Comptroller’s Rule 2.291 and Texas Tax Code Chapter 151, as mended by House Bill Number 11, Acts 1991, 72nd Legislature, First called Session. The Contractor will be required to separate the charges for materials from all other charges and will be furnished an Exemption Certificate of reach contract the Department. Also, the Contractor must issue resale certificates to suppliers. Sales tax permit applications and information regarding resale certificates may also be obtained by calling the State Comptroller’s toll free number 1- 800-252-5555.

Bidders are advised to contact the City Engineering Department at 1110 Houston Street, Laredo, Texas, 78040, telephone number (956) 791-7346, for visits to project site, and for any additional information required on the project.

Page 1 of 1Advise to Bidders

The Contractor’s attention is directed to Special Provision 000-6233, “Important Notice to Contractors”, and “Statement of Materials and Other Charges” which will be included in all projects, beginning with the September, 1991 letting. These establish the procedures whereby the Contractor will be permitted to obtain an exemption from the sales tax on certain materials. See Comptroller’s Rule 3.291 and Texas Tax Code, Chapter 151, as amended by House Bill Number 11, acts 1991, 72nd Legislature, First Called Session. The Contractor will be required to separate the charges for materials from all other charges and will be furnished an Exemption Certificate for each contract by the Department. Also, the Contractor must issue resale certificates to suppliers.

Sales tax permit applications and information regarding resale certificates may be obtained by calling the State Comptrollers’ toll fee number 1-800-252-5555.

SECTION A-4

INFORMATION TO CONTRACTORS

PROJECT:

FY25-ENG-28

Fleet Metal Shade Structure

Issued 10/29/91

Information to Contractors

It will also be necessary that the contractor issue resale certificates to his suppliers.

Austin, Texas 78774

The Contractor may also receive information or request sales tax permit applications by calling the State Comptrollers’ toll-free number 1-800-252-5555.

Subcontractors are eligible for sales tax exemption if the subcontract is made in such manner that the charges for materials is separated from all other charges. The procedure described above will affect a satisfactory separation. When subcontractors are handled in this manner, the Contractor must issue a resale certificate to the subcontractor and the subcontractor, in turn, must issue a resale certificate to his supplier.

Sales tax application for a sales tax permit and information regarding resale certificates may be obtained by writing to:

Comptroller of Public Accounts

Capital Station

Page 2 of 3Information to Contractors

In order to comply with the requirements of Rule 3.291, as mentioned above, it will be necessary for the Contractor to obtain a sales tax permit.

The Contractor’s attention is directed to Rule 3.291, paragraphs (a) (1), defining separated contracts, subsection

(b) (3) discussing separated contracts, and subsection (c) discussing exempt contracts. Reference: Texas Tax Code, Chapter 151.

Contractors should note those organizations in subsection (c) that the rule shows as being exempt no longer qualify for the exemption. The rule states that contractors improving realty for organizations listed in Texas Tax Code 151.309 and 151.310 are exempt from tax. THIS IS NO LONGER TRUE EFFECTIVE WITH

CONTRACTS SIGNED ON OR AFTER AUGUST 15, 1991.

Only those contracts with school districts and nonprofit hospitals qualify for the exemption discussed in subsection (c) of Rule 3.291.

If the low bidder elects to operate under a separated contract as defined by Rule 3.291, by obtaining the necessary permits from the State Comptroller’s office allowing the purchase of materials for incorporation in this project without having to pay the Limited Sales and Use Tax at the time of purchase, the low bidder shall identify separately from all other charges the total agreed contract price for materials incorporated into the project. This form shall be filled out by the low bidder in each of the two bound copies of the contract. Total materials shall only include materials physically incorporated into the realty.

If the Contractor operates under a “separated contract”, the Department will furnish the Contractor with an exemption certificate for the applicable materials.

The Comptroller is amending the rule to reflect this change.

SPECIAL PROVISION

No. 000-6233

IMPORTANT NOTICE TO CONTRACTORS

STATEMENT OF MATERIALS AND OTHER CHARGES

MATERIALS INCORPORATED INTO THE PROJECT: $___________

FY25-ENG-28

Fleet Metal Shade Structure

PROJECT:

Information to Contractors Page 3 of 3

ALL OTHER CHARGES: $___________

*TOTAL: $___________

*This total must agree with the total figure shown in the Item and Quantity Sheets in the bound contract.

For purposes of complying with the Texas Tax Code, the Contractor agrees that the charges for any material incorporated into the project in excess of the estimated quantity provided for herein will be no less than the invoice price for such material to the Contractor.

NOTE: ONLY THE COPY OF THIS FORM IN THE BOUND CONTRACTS IS TO BE FILLED OUT.

PROPOSAL

Required Submission of one original of the bid package

CITY OF LAREDO

FY25-ENG-28

sheets from Section A-5

Initial & date acknowledgement of:

Addenda if any, Wage Determination, Labor Provisions, and

Affirmative Actions Programs

COVER PAGE FOR BID

Fleet Metal Shade Structure

A-5 Proposal Page 17 of 142

To: The City of Laredo, Texas

Address: ________________________

Phone: ________________________

Addendum No. 2: _____________________________________________________________________

Labor Provisions:_________________________________________________________________

Affirmative Action Program:________________________________________________________

Wage Determination:______________________________________________________________

FY25-ENG-28

SECTION A-5

BID PROPOSAL

Honorable Dr. Victor D. Treviño, Mayor

From: _________________________________

Contractor

Addendum No. 8: _____________________________________________________________________

Acknowledgment of Addenda: (Please initial and date):

Fleet Metal Shade Structure

Pursuant to Notice to Bidders, the undersigned bidder hereby proposes to furnish the labor, materials, and equipment in accordance with the plans and specifications, general conditions of the agreement, special provisions of the Agreement, and Addenda, if any. The bidder binds himself upon acceptance of his proposal to execute a contract and bonds accompanying form of performing and completing the said work within the time stated as required by the detailed specifications at the following unit prices. The quantities shown below are based on the Engineer’s estimate of quantities and it is agreed that the quantities may be increased or diminished, and may be considered necessary in the opinion of the City of Laredo, Texas to complete the work fully as planned and contemplated, and that all quantities of work, either increased or decreased, are to be performed at the unit prices set forth below (except as provided in the General Conditions of the Agreement or the specifications, the contract documents).

Acknowledgment of Addenda: (Please initial and date):

Addendum No. 1: _____________________________________________________________________

Project:

Addendum No. 3: _____________________________________________________________________

Addendum No. 4: _____________________________________________________________________

Addendum No. 5:

Addendum No. 6:

Addendum No. 7:

Proposal Page 18 of 142 the party making the foregoing proposal or bid, that such proposal or bid is genuine and not collusive or sham;

that said Bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any Bidder or Person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person, to fix the bid price or affiant or of any other Bidder or to fix any overhead, profit or cost element of said bid price, or of that of any other Bidder, or to secure any advantage against the City of Laredo or any person interested in the proposed Contract; and that all statements in said proposal or bid are true.

Signature of (Print and Sign)

STATE OF TEXAS {}

COUNTY OF WEBB {}

Project:

FY25-ENG-28

Fleet Metal Shade Structure being first duly sworn, deposes and says

That he is

Form of Non-Collusive Affidavit:

A F F I D A V I T

(a Partner of Officer of the firm of, etc.)

Bidder, if the Bidder is an individual

Partner, if the Bidder is a Partnership

Officer, if the Bidder is a Corporation

Subscribed and sworn before me this _____ day of _________, 20___.

Notary Public

My Commission expires

Proposal Page 19 of 142

PROJECT:

Fleet Metal Shade Structure

The Contractor’s attention is directed to Special Provision 000-6233, “Important Notice to Contractors”, and “Statement of Materials and Other Charges” which will be included in all projects, beginning with the September, 1991 letting. These establish the procedures whereby the Contractor will be permitted to obtain an exemption from the sales tax on certain materials. See Comptroller’s Rule 3.291 and Texas Tax Code, Chapter 151, as amended by House Bill Number 11, acts 1991, 72nd Legislature, First Called Session. The Contractor will be required to separate the charges for materials from all other charges. Also, the Contractor must issue resale certificates to suppliers. Sales tax permit applications and information regarding resale certificates may be obtained by calling the State Comptrollers’ toll fee number 1-800-252-5555.

INFORMATON TO CONTRACTORS

Proposal Page 20 of 142

Only those contracts with school districts and nonprofit hospitals qualify for the exemption discussed in subsection (c) of Rule 3.291.

The Contractor may also receive information or request sales tax permit applications by calling the State Comptrollers’ toll-free number 1-800-252-5555.

Subcontractors are eligible for sales tax exemption if the subcontract is made in such manner that the charges for materials is separated from all other charges. The procedure described above will affect a satisfactory separation. When subcontractors are handled in this manner, the Contractor must issue a resale certificate to the subcontractor and the subcontractor, in turn, must issue a resale certificate to his supplier.

If the low bidder elects to operate under a separated contract as defined by Rule 3.291, by obtaining the necessary permits from the State Comptroller’s office allowing the purchase of materials for incorporation in this project without having to pay the Limited Sales and Use Tax at the time of purchase, the low bidder shall identify separately from all other charges the total agreed contract price for materials incorporated into the project. This form shall be filled out by the low bidder in each of the two bound copies of the contract. Total materials shall only include materials physically incorporated into the realty.

In order to comply with the requirements of Rule 3.291, as mentioned above, it will be necessary for the Contractor to obtain a sales tax permit.

Sales tax application for a sales tax permit and information regarding resale certificates may be obtained by writing to:

The Contractor’s attention is directed to Rule 3.291, paragraphs (a) (1), defining separated contracts, subsection (b) (3) discussing separated contracts, and subsection (c) discussing exempt contracts. Reference:

Texas Tax Code, Chapter 151.

Contractors should note those organizations in subsection (c) that the rule shows as being exempt no longer qualify for the exemption. The rule states that contractors improving realty for organizations listed in Texas Tax Code 151.309 and 151.310 are exempt from tax. THIS IS NO LONGER TRUE EFFECTIVE WITH

CONTRACTS SIGNED ON OR AFTER AUGUST 15, 1991.

SPECIAL PROVISION

No. 000-6233

IMPORTANT NOTICE TO CONTRACTORS

The Comptroller is amending the rule to reflect this change.

Comptroller of Public Accounts

Capital Station

Austin, Texas 78774

It will also be necessary that the contractor issue resale certificates to his suppliers.

Proposal Page 21 of 142

NOTE: ONLY THE COPY OF THIS FORM IN THE BOUND CONTRACTS IS TO BE FILLED OUT.

PROJECT:

FY25-ENG-28

Fleet Metal Shade Structure

*This total must agree with the total figure shown in the Item and Quantity Sheets in the bound contract

For purposes of complying with the Texas Tax Code, the Contractor agrees that the charges for any material incorporated into the project in excess of the estimated quantity provided for herein will be no less than the invoice price for such material to the Contractor.

*TOTAL:

ALL OTHER CHARGES:

STATEMENT OF MATERIALS AND OTHER CHARGES

MATERIALS INCORPORATED INTO THE PROJECT:

Proposal Page 22 of 142

1.00

2.00

3.00

INFORMATION FROM BIDDERS

Statement of Qualifications: (Similar Projects Completed by Bidder)

Financial Status:

NOTE: TO BE SUBMITTED UPON REQUEST

Project:

IS NOT AN ACCEPTABLE ANSWER.

A confidential financial statement will be submitted by the apparent successful low Bidder only if the Owner deems it necessary

Fleet Metal Shade Structure

Value of Contract:

(Include name and experience record of the Superintendent)

MUST BE COMPLETED AND SUBMITTED WITH BID PROPOSAL

Date Completed:

Name of Project:

Value of Contract:

Date Completed:

Name of Project:

Value of Contract:

Date Completed:

Experience Data:

Name of Project:

FY25-ENG-28

Proposal Page 23 of 142

NOTE:

Proposed Progress Schedules:

TO BE SUBMITTED UPON REQUEST

IS NOT AN ACCEPTABLE ANSWER.

Data on Equipment to be used on the Work: (Include the number of machines, the type, capacity, age and conditions and location)

Subcontractors: (Submit a list of proposed Subcontractors. List sources, types and manufacturers of proposed materials)

FY25-ENG-28

Fleet Metal Shade Structure

Project:

Proposal Page 24 of 142

Quantity Unit

1.1

1 LS

1.2

1 LS

$10,000.00 $10,000 Contingency Allowance

TOTAL

Total Base Bid Written in Words

Total Additive Alternate Written In Words

Furnish all labor, equipment, and material for the construction of a 19 ft height Pre-Engineering Metal Shade Structure of 80ft x 100ft with a 5 ft perimeter siding, gutters, downspouts, and concrete splash pads at the City of Laredo Fleet Department. Also includes the installation of LED lighting and wire mesh to prevent migration of birds; in compliance with the latest Building and Electrical Codes adopted by the City of Laredo; as per city specifications, to include all labor materials, mobilization, tools, etc. Complete in place

Total Price Base Bid

ENGINEERING DEPARTMENT

BID SCHEDULE

FY25-ENG-28

Fleet Metal Shade Structure

CITY OF LAREDO

A-5 Proposal Page 9 of 11 rcastro1 Text Box rcastro1 Snapshot

Contractor

Signature Title

NOTE 1: ALL BID ITEMS WILL BE PAID FOR WHEN COMPLETE IN PLACE, TESTED, AND ACCEPTED BY

THE OWNER

Address ZIP

Date:

Telephone Number:

City/State

NOTE 2: THE CITY OF LAREDO RESERVES THE RIGHT TO AWARD THE BASE BID OR ANY OF THE

ALTNERATE BIDS LISTED ABOVE TO REJECT ALL BIDS IF FUNDINGS IS NOT AVAILABLE.

Proposal Page 26 of 142

General notes:

3. The successful bidder/contractor shall coordinate at all times during construction with the City of Laredo Engineering Department and Parks & Recreation Department.

2. The City of Laredo reserves the right to award the base bid or any of the alternate bids listed above or reject all bids if funding is not available.

1. All bid items will be paid for when complete, in place, tested and accepted by the City of Laredo.

Proposal Page 27 of 142

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned as Principal, and as Surety, are hereby held and firmly bound unto as Owner in the penal sum of day of , 20

The condition of the above obligation is such that whereas the Principal has submitted to a certain Bid, attached hereto and hereby made a part hereof to enter into a Contract in writing for the

NOW, THEREFORE,

(a) If said Bid shall be rejected, or in the alternate, (b)

(L.S.)

Principal (Print and Sign)

Surety

By:

Surety Seal

BID BOND

for payment of which, well and truly to be made, we hereby jointly a severally bid ourselves, our heirs, executors, administrations, successors and assigns.

Signed, this

The Surety, for value received, hereby stipulates and agrees that he obligations of said Surety, and its bonds shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set fourth herein.

FY25-ENG-28

Fleet Metal Shade Structure then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said Contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, Proposal Page 28 of 142

[ ] Have you acknowledged receipt of all addenda to the plans and specifications?

[ ] Is your bid properly signed? (Refer to Bid Documents)

[ ] Is your bid guarantee in the proper amount? (Usually 5% of total bid price)

[ ] If required have you entered a unit price for each bid item?

[ ] Are decimals in unit prices in the proper places? Are your figures legible?

[ ] Are the extensions of your unit prices, and your total bid price correct?

[ ] Is proposal being submitted complete together with Information from Bidders?

If required have you entered the unit price or lump sum price in both words and figures? (Unit Price or Lump Sum price in words govern)

Project:

FY25-ENG-28

Fleet Metal Shade Structure

SECTION A-6

CHECKLIST FOR BIDDERS

All information required by the terms of the Bid Documents must be furnished. MISTAKES OR OMISSIONS CAN BE COSTLY AND CAN RESULT IN THE REJECTION OF YOUR BID. Important items for you to check are included in but not limited to, those listed below. This checklist is furnished only to assist you in submitting a proper bid. Check as you read. DO NOT INCLUDE THIS CHECKLIST WITH YOUR BID.

If a bid guarantee is required, is it included in your bid? (A late bid guarantee is treated the same as a late bid)

Your bid guarantee must be in the form of a Bidder’s Bond, a Certified Check or Cashier’s Check.

If your bid guarantee is in the form of a Bidder’s Bond, is the bond properly signed by both the bidder and surety and are all required seals affixed?

Is the surety company qualified and licensed by the State of Texas as required by the provisions of the bid documents?

Is the name in which you submitted the bid the same on your bid proposal as on the Bidder’s Bond?

Page 1 of 2Checklist to Bidders

Checklist to Bidders Page 2 of 2

On Federally Funded Projects, all structural and reinforcement steel shall follow the Build America, Buy America Act (BABAA).

On Federally Funded Projects, contractor must submit certified weekly payrolls with a copy to City Engineering Files.

Are all erasures or corrections initialized by the person signing the bid or by an authorized representative of the person signing the bid.

Do not restrict your bid by altering any provisions of the Bid Document or by attaching any documents to the Proposal that takes exception to the Bid Documents.

Have you included all pages of the Proposal with your bid? Are all blanks in the Proposal properly completed (equipment brands, alternate materials, etc.)?

Is the envelope containing your bid properly identified that it is a sealed bid and does it contain the correct project name and bid opening date?

Will your bid arrive on time? Late bids will not be considered. Generally, bids must be received by the City Secretary, City Hall on the date and time specified in the Notice to Bidders. (Other times or dates will be clearly specified in the Notice).

STATE OF TEXAS

COUNTY OF WEBB

CITY OF LAREDO

Owner and, Project:

60 Working days

The Contractor further agrees to pay the sum of

$200.00 for each consecutive day there-in-after as herein provided in Division B, Section 1.

SECTION A-7

WHEREAS, the Owner desired to enter into Contract for the FY25-ENG-28 in accordance with the provisions of the Invitation for Bids, the Specifications and Plans titled as above, and published by City of Laredo, Texas, 1110 Houston Street, (mailing address: P.O. Box 579), Laredo, Texas 78040 all of which are a part thereof; and, Said Contractor further agrees to begin the work on or before the tenth day following the date set by the

Owner in the written notice to proceed and to complete the work within

C, Section 9, General Provisions of the contractual Documents to commence and complete the

FY25-ENG-28

his/their executors, their successors, or assigns, hereinafter termed the Contractor.

Fleet Metal Shade Structure in the City of Laredo, TX, in accordance with Instructions to Bidders, Special Provisions, General Provisions, Technical Provisions, and all other requirements of the contractual Documents, and in accordance with the Specifications and Plans (including all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof) prepared by the Owner's Engineer, a part thereof and collectively, together with this Agreement constitute the entire Contract; and the Contractor agrees to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, bonds, insurance and other accessories and services, and whatever else may be necessary to complete the said construction in accordance with said specifications, plans, and other contractual documents including such proposal.

FY25-ENG-28 Fleet Metal Shade Structure

WITNESS:

THAT for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, the Contractor hereby agrees at the unit price set forth in his Bid, made a part based on the Engineer's estimate of quantities, payable in the manner set out in Division

CONSTRUCTION CONTRACT

THIS AGREEMENT, made this ____ day of ________________ 20___, by and between the City of Laredo, Texas, acting by and through its duly authorized City Manager hereinafter termed the

Construction Contract Page 1 of 2

Fleet Metal Shade Structure

WHEREAS, the Contractor has been engaged in and now does such work and represents that he is fully equipped, competent and capable to perform the above desired and outlined work, and is ready and willing to perform the work in accordance with the provisions of the Invitation for Bids, the Specifications and Plans, titled:

FY25-ENG-28 Fleet Metal Shade Structure

And the Owner in consideration of the full and true performance of the said work by said Contractor hereby agrees to and binds itself to pay the said Contractor the unit price set forth in the attached Bid, and in the manner provided in the Specifications.

thereof totaling the sum of, WITNESS Contractor/Firm (Signature)

Signature Signature

Print Name Print Name

Title

Address

Address

City/State/Zip Code

Telephone Number

E-mail address

ATTEST: CITY OF LAREDO, TEXAS

Mario I. Maldonado, Jr., Joseph Neeb

City Secretary City Manager

APPROVED AS TO FORM:

Project Number:

Account:

City Attorney

Construction Contract Page 2 of 2

FY25-ENG-28

IN WITNESS WHEREOF, the OWNER AND THE CONTRACTOR have hereunto set their hand this day of_______ day of __________________, 20___.

Doanh “Zone” T. Nguyen

THE STATE OF {}

COUNTY OF {}

a (2) of hereafter called Principal and (3) of

, hereinafter called the Surety, are held and firmly bound unto (4) of hereinafter called Owner, in the penal sum of

Dollars in lawful money of the United Stated, to be paid in (5)

WEBB COUNTY, TEXAS

for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain

Contract with (6) the Owner, dated the day of a copy of which is hereto attached and made a part hereof for the Construction of:

(hereinafter called the “Work”)

These notes refer to the numbers in body of Contract above:

Date of Bond must not be prior to Date of Contract.

(1) Correct name of Contractor.

(2) A Corporation, or Partnership or an Individual, as case may be.

(3) Correct name of Surety.

(4) Correct name of Owner.

(5) County and State.

(6) Owner.

SECTION A-8

PERFORMANCE BOND

(As required by Chapter 2253, Texas Government Code)

KNOW ALL MEN BY THESE PRESENTS: That we (1)

NOW THEREFORE, if the Principals shall well, truly and faithfully perform the work in accordance with the Plans, Specifications and Contract Documents during the original term thereof, and any extensions thereof which may be granted by the Owner with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect.

Performance and Payment Bonds Page 1 of 6

ATTEST:

By:

(SEAL)

Witness as to Principal (Print and Sign)

ATTEST:

SURETY: (Surety)

Secretary (Print and Sign)

By:

(SEAL) (Print and Sign)

(Surety) Secretary Address (State and Zip Code)

Telephone No. (Area Code)

(SEAL)

Witness as to Surety (Print and Sign)

Address (State and Zip Code)

PROVIDED FURTHER, that if any legal action be filed upon this Bond, venue shall lie WEBB County, State of Texas, and that the said surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications.

IN WITNESS WHEREOF, this Instrument is executed in six counterparts, each one of which shall be deemed an original, this the

PRINCIPAL (Print and Sign)

(Print and Sign)

(Principal) Secretary

Address (State and Zip Code)

Telephone Number

Address (State and Zip Code)

Performance and Payment Bonds Page 2 of 6

THE STATE OF {}

COUNTY OF {}

KNOW ALL MEN BY THESE PRESENTS: That we (1)

(2) of hereinafter called Principal and (3) of , State of

, hereinafter called the Surety, are held and firmly bound unto (4) of hereinafter called Owner, and unto all Persons, Firms, and Corporations who may furnish materials for, or perform labor upon the building or improvements hereinafter referred to in the penal sum of ($ ) Dollars in lawful money of the United Stated, to be paid in (5) WEBB COUNTY, TEXAS for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

the Owner, dated the day of a copy of which is hereto attached and made a part hereof for the construction of:

(hereinafter called the “Work”)

These footnotes refer to the numbers in body of contract above:

Date of Bond must not be prior to Date of Contract.

(1) Correct name of Contractor.

(2) A Corporation, or Partnership or an Individual, as case may be.

(3) Correct name of Surety.

(4) Correct name of Owner.

(5) County and State.

(6) Owner.

(As required by Chapter 2253, Texas Government Code)

THE CONDITIONS OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain Contract with (6)

This Bond is made and entered into solely for the protection of all claimants supplying labor and material in the prosecution of the work provided for in said Contract, and all such claimants shall have a direct right of action under the Bond as provided in Section 2253.073, Texas Government Code.

NOW THEREFORE, if the Principals shall well, truly and faithfully perform the work in accordance with the Plans, Specifications and Contract Documents during the original term thereof, and any extensions thereof which may be granted by the Owner with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such Contract, then this obligation shall be null and void; otherwise to remain in full force and effect.

PAYMENT BOND

Performance and Payment Bonds Page 3 of 6

ATTEST:

(SEAL)

Witness as to Principal (Print and Sign)

ATTEST:

SURETY: (Surety)

Secretary (Print and Sign)

By:

(SEAL) (Print and Sign)

(Surety) Secretary Address (State and Zip Code)

Telephone No. (Area Code)

(SEAL)

Witness as to Surety (Print and Sign)

Address (State and Zip Code)

Telephone Number

PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

PROVIDED FURTHER, that if any legal action be filed upon this Bond, venue shall lie WEBB County, State of Texas, and that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications.

IN WITNESS WHEREOF, this instrument is executed in six counterparts, each one of which shall be deemed an original, this the ______ day of ___________________.

(Principal) Secretary PRINCIPAL (Print and Sign)

(Print and Sign)

Address (State and Zip Code)

Address (State and Zip Code)

NOTE: If Contractor is Partnership, all Partners should execute Bond.

Performance and Payment Bonds Page 4 of 6

PERFORMANCE - PAYMENT BOND FORM

M-24, 25, Attach. Sa

(SEAL)

Business (Print) Individual Principal (Print and Sign)

Address (State and Zip Code) Business - Address

Telephone Number (Area Code) Telephone Number (Area Code)

ATTEST:

Corporate Principal

(Print and Sign)

(State and Zip Code) Business Address Name

Telephone Number (Area Code)

Address (State and Zip Code) (Affix Corporate Seal)

(Sign and Print)

ATTEST: Address (State and Zip Code)

______________________________________________ Corporate Surety

(Print and Sign)

Business Address

(Affix Corporate Seal)

Telephone:

Performance and Payment Bonds Page 5 of 6

I, , certify that I am the

Secretary of the Corporation named as Principal in the within Bond; that

, of said Corporation:

Title

Date:

Telephone No. (Affix Corporate Seal)

The rate of premium on this Bond is per thousand. Total of premium charge

NOTE: The above must be filled in by Corporate Surety.

Power-of-Attorney of person signed for Surety company must be attached.

Performance and Payment Bonds Page 6 of 6

CERTIFICATE AS TO CORPORATE PRINCIPAL

, who signed the said Bond on behalf of the Principal was then that I know his signature thereof is genuine; and that said Bond was duly signed, sealed, an attested for and in behalf of said Corporation by authority of its governing body.

Page 1 of 7Insurance Provisions and Limits

SECTION A-9

CITY OF LAREDO INSURANCE PROVISIONS AND LIMITS

Contractor shall provide and continuously maintain the minimum insurance coverages set forth below during the term of its agreement with the City of Laredo; and Contractor shall require its subcontractors to purchase the same types and amounts of insurance, at a minimum, as set forth below with respect to statutory workers ' compensation and liability insurance.

1. Commercial general liability standard ISO insurance at minimum combined single limits of $1,000,000 per-occurrence and $2,000,000 general aggregate for bodily injury and property damage, which coverage shall include: products/completed operations ($2,000,000 products/completed operations aggregate);

XCU (explosion, collapse, underground) hazards; and contractual liability. Without limitation, the commercial general liability coverage must cover all operations required in the contract, as well as contractual liability for the indemnity obligations assumed by the Contractor in the contract. Coverage must be written on an occurrence form.

2. Workers' compensation insurance at statutory limits, including employers' liability coverage at minimum limits of $1,000,000 each-occurrence, each accident/$1,000,000 by disease each- occurrence/$1,000,000 by disease aggregate.

3. Commercial automobile liability insurance at a minimum combined single limit of $1,000,000 per-occurrence for bodily injury and property damage, including non-owned and hired car coverage and owned vehicles if any are owned .

At a minimum, coverage must apply to on-premises and transit operations.

Contractual liability coverage to be included in contractor's pollution liability coverage.

Retro date shall not be later than the inception date of contract.

$5,000,000 per- claim/$10,000,000 aggregate minimum.

5. Pollution Legal Liability if applicable:

a) Project costs of $1,000,000 to $10,000,000 and over $10,000,000; reference page four for limits.

b) Contractors Pollution Liability:

Applies to operations that include the use, application, or consumption of pollutants.

Retro date shall not be later than the inception date of contract.

Contractual liability coverage to be included in contractor's pollution liability coverage.

4. Umbrella liability or following-form excess liability at minimum limits, reference page four for project costs over $1,000,000. Coverage must be at least as broad as the underlying commercial general liability, auto liability, and employer's liability.

c) Environmental Liability:

a. Applies to asbestos and removal of other hazardous materials and/or repair, maintenance, installation, construction operations that are high hazard.

6. Professional liability applies to professional services which include but are not limited to design build contractors, engineers, and architects at minimum limits of $1,000,000 per-clairn/$2,000,000 annual aggregate.

The retro date shall not be later than the inception date of the contract. Reference page four for limits based on project cost.

10. Coverage for commercial general liability, professional liability, and pollution legal liability must be maintained for at least one (I) to two (2) years after the project is completed.

9. Insurance must be purchased from insurers that are financially acceptable to City of Laredo with a minimum A.M Best financial rating of A-:VII.

11. For project s in excess of $10,000,000 in cost, a per-project aggregate limit must be included in the commercial general liability.

Insurance Provisions and Limits Page 2 of 7

7. Builders Risk if applicable:

a) "All-risk" including collapse, flood, and earthquake, to be written on completed value form.

b) Coverage to include limits of at least $250,000 for off-premises storage and transit of construction materials. Soft costs to be included at a minimum limit of $500,000.

c) Thirty (30)-day occupancy clause to apply.

d) No testing exclusion should apply.

With reference to the foregoing insurance requirements, Contractor shall specifically endorse applicable insurance policies as follows:

1. City of Laredo shall be named as an additional insured on a primary and non-contributory basis, regardless of the application of other insurance, with respect to all liability coverages, except for the professional liability and workers' compensation.

3. A waiver of subrogation in favor of City of Laredo shall be contained in all policies.

2. All liability policies shall contain no cross-liability exclusions or insured versus insured restrictions.

4. All insurance policies shall be endorsed to require the insurer to immediately notify City of Laredo of any material change in the insurance coverage.

5. All insurance policies shall be endorsed to the effect that City of Laredo will receive at least thirty (30) days' notice prior to cancellation or non-renewal of the insurance.

6. The additional insured coverage in the CGL policy in favor of City of Laredo must apply to the ongoing operations of Contractor for contract costs or up to $1,000,000 and expanded to include product s/completed operation for contract costs in excess of $1,000,000.

7. Required limits may be satisfied by any combination of primary and umbrella/excess liability insurances.

8. Contractor may maintain reasonable and customary deductibles, subject to approval by City of Laredo.

BONDS

All insurance must be written on standard ISO or equivalent forms. Certificates of insurance shall be prepared and executed by the insurance company, or its authorized agent, shall be furnished to City of Laredo within five

(5) business days of being notified of the award of the contract, and shall contain provisions representing and warranting the following:

Shall specifically set forth the notice-of-cancellation or termination provisions to City of Laredo.

Shall set forth all endorsements and insurance coverages according to requirements and instructions contained herein.

Copies of all required endorsements must be attached to the certificate of insurance. The certificates of insurance must be updated and resubmitted to the City of Laredo to show renewal coverages, as applicable, at least thirty (30) days prior to expiration of any one or more policies.

All of the above insurance provisions and limits are the minimum requirements, as referenced, and may be modified at the sole discretion of the City of Laredo.

Upon request, Contractor shall furnish City of Laredo with certified copies of all insurance policies.

Bonds are required for public works contracts under the following circumstance:

A Bid or Proposal Bond is required in the amount of the bid submitted to the City of Laredo. Proposers must submit a certified check or cashier's check payable to City of Laredo, or a satisfactory original Bid Bond executed by the Proposer and an acceptable surety, in an amount not less than five percent (5%) of the total bid based on the bid which check or bond shall be submitted as a guarantee that the bidder will enter into a contract, and execute performance and payment bonds within ten (10) days after Notice of Award of contract is given to him for contracts in excess of $50,000.00. Bids without the required check or bond will NOT be considered.

1. Performance Bond when the contract is in excess of $100,000, in a personal sum equal to 100% of the contract cost.

2. Payment or Labor and Material Bond when a contract is in excess of $50,000, each in a personal sum equal to 100% of the contract cost.

Insurance Provisions and Limits Page 3 of 7

Commercial General Liability, Professional Liability, and

Commercial General Liability, Professional Liability, and

Hazardous Environmental Work

Contractor's Pollution Legal Liability

Contractor's Pollution Legal Liability

Insurance Provisions and Limits Page 4 of 7

Professional Liability

Umbrella Liability

Over $5,000,000

Any Contract Size

TAIL COVERAGE

$1,000,000 to $10,000,000

Over $10,000,000

$1,000,000 to $5,000,000

$2,000,000 Per-Claim/

$4,000,000 Aggregate

Two (2) Years

Two (2) Years

One (1) Year

$3,000,000 Aggregate to $2,000,000 Per·Claim/$4,000,000 Aggregate

$10,000,000 or Higher

$2,000,000 Per-Claim/

$4,000,000 Aggregate or Higher

$1,000,000 Per-Claim/

INSURANCE PROVISIONS AND LIMITS

CONTRACT COST

Less than $1,000,000

TYPE OF INSURANCE

Umbrella Liability

$2,000,000 Aggregate

$1,000,000 to $5,000,000

$5,000,000 to $10,000,000

Over $10,000,000 Umbrella Liability

$3,000,000 Aggregate

$9,000,000 to

$10,000,000 Per-Occ

$1,500,000 Per-Claim/Professional Liability

Professional Liability

LIMITS

Not Required

$1,000,000 Per-Claim/

$2,000,000 Aggregate

Umbrella Liability

Professional Liability $4,000,000 Per-Occ

$1,500,000 Per·Claim/

CITY OF LAREDO

Pollution Legal Liability

Pollution Legal Liability

A. Definitions:

Article _____. Workers' Compensation Insurance Coverage.

Figure: 28 TAC §110.110(c)(7)

Certificate of coverage ("certificate")- A copy of a certificate of insurance, a certificate of authority to self-insure issued by the division, or a coverage agreement (DWC Form-81, DWC Form-82, DWC Form-83, or DWC Form84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project.

Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity.

Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees.

This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which…