IFB 3345-26 1914 Courthouse Demo.pdf

IFB NO. 3345-26

ASBESTOS ABATEMENT & DEMOLITION OF THE

1914 “OLD COUNTY” COURTHOUSE

SEPTEMBER 22, 2026 – 2:00 PM

Connie Scott - County Judge Mike Pusley - Commissioner Pct. 1

Joe A. Gonzalez - Commissioner Pct. 2 John Marez - Commissioner Pct. 3

Brent Chesney - Commissioner Pct. 4

Michael Robinson Nueces County Purchasing Agent

901 Leopard St., Room 106 Corpus Christi, TX 78401

Email: michael.robinson1@nuecescountytx.gov Phone: 361-888-0426

Fax: 361-888-0458

TABLE OF CONTENTS

ASBESTOS ABATEMENT & DEMOLITION OF THE

1914 “OLD COUNTY” COURTHOUSE

SEPTEMBER 22, 2026 – 2:00 PM

INSTRUCTIONS TO BIDDERS

GENERAL REQUIREMENTS

BID SUBMISSION DOCUMENTS

ATTACHMENTS

ATTACHMENT A – Online Bid Submission Guide ATTACHMENT B – Prevailing Wage Rates ATTACHMENT C – Uniform General Conditions ATTACHMENT D – Draft Agreement ATTACHMENT E – Specifications* ATTACHMENT F – Plan Drawings*

*Uploaded separately

INSTRUCTIONS TO BIDDERS

1. Nature of Project The Commissioners Court of Nueces County (hereinafter called the “County”) will accept sealed competitive bids for: Asbestos Abatement & Demolition of the 1914 “Old County” Courthouse at 1111 N. Mesquite Street, Corpus Christi, TX 78401 in accordance with the Drawings, Specifications, and other Contract Documents prepared by Hanson Professional Services, Inc.

This Invitation for Bids (IFB) is intended to identify a Bidder that demonstrates the best overall value to the County based on qualifications and the lowest and best bid. The award of this contract shall be made to the responsible Bidder who provides the lowest and best bid in accordance with the laws of the State of Texas.

Scope of Work The Scope of Work (SOW) for this project is detailed fully in the attachments below:

• Attachment E – Specifications

• Attachment F – Plan Drawings

Bidder agrees that, if awarded the Contract by the County, all work specified in the Contract Documents will be completed within the applicable contract time: 135 calendar days for the Base Bid or the number of calendar days proposed by the Bidder for Alternate Base Bid No. 1, as accepted by the County. If the work is not completed within the applicable contract time, the Contractor agrees to pay the County liquidated damages in the amount of Two Hundred Fifty Dollars and no/100 ($250.00) for each calendar day the work remains incomplete, calculated in accordance with the Contract Documents.

The scope of work for the Base Bid consists of the following:

The work includes the abatement of regulated asbestos-containing building materials;

transportation and disposal of asbestos materials at an approved off-site facility; the complete demolition of the six-story courthouse building that covers approximately 132,000 square feet;

the disconnection and removal of all site utilities, including water, wastewater, stormwater, gas, electrical, and telecommunications; the transportation and disposal of construction debris at approved local off-site facility. After demolition is complete, the contractor shall regrade the site to provide proper drainage and leave the area clean and free of hazards. All work under the Base Bid shall be completed within 135 calendar days.

The scope of work for Alternate Base Bid # 1 consists of the following:

Alternate Base Bid No. 1 includes the same scope of work as the Base Bid but allows the Bidder to propose an alternative number of calendar days for completing the project. The Bidder shall provide both a Bid amount and its proposed number of calendar days for completion.

The Contractor shall provide all tools and equipment that are necessary to complete the project in its entirety. All work shall be in accordance with the scope of work. All materials used for the project shall be equal to or better than the existing materials quality. The Contractor will be responsible for removal and disposal of all demolished materials and debris from the work area.

The Contractor shall take proper care to avoid unnecessary noise, clatter or obstructions in walkways, sidewalks, and roadways. The Contractor shall not interfere with use or safe passage to and from building and adjacent facilities.

Nueces County does not provide project estimated cost, in order to receive the lowest & best bid for our taxpayers.

Time is of the essence. Failure to complete the Project within the contract time, except as such time may be extended by delays approved by County, will subject the Bidder to whom the contract is awarded, liability for damages, as provided in the Conditions of the Contract.

Contract Administrator: Nueces County Public Works Director, Juan A. Pimentel, PE will serve as the contract administrator for this project.

2. Pre-Bid Conference (Mandatory) A pre-bid conference is scheduled for 10:00 AM, September 10, 2026, at Nueces County Courthouse, 901 Leopard Street Room 117, Corpus Christi, TX 78401 followed by a pre-bid walkthrough of the Old Courthouse building and property. Attendance is mandatory.

Pre-Bid Conference Registration

3. Bid Due Date/Time:

Bids will be received until September 22, 2026 at 2:00 PM. See specifications and submit bid at www.PublicPurchase.com or deliver sealed bid to Nueces County Purchasing Agent, Michael Robinson, 901 Leopard Street RM 106, Corpus Christi, TX 78401. Bid, performance and payment bonds required. This is a lump sum bid. County will pay by check method.

SCHEDULE OF EVENTS*

IFB Notice Date: August 24, 2026

Pre-Bid Conference: September 10, 2026 at 10:00 AM

Last Day for Questions: September 14, 2026 by 12:00 PM

Answers to Questions: September 16, 2026 by 5:00 PM

Bid Due/Opening Date: September 22, 2026 at 2:00 PM

Estimated Conditional Selection Date: October 14, 2026

Estimated Award & Execute Date: November 18, 2026

*Dates are subject to change

Nueces County Purchasing Agent will allow written questions and requests for clarification of this solicitation. Questions must be submitted via www.publicpurchase.com. Respondents' names will be removed from questions in any responses released.

http://www.publicpurchase.com/

NOTE: Nueces County does not disclose project cost estimates or budget information to ensure the receipt of bids that are most advantageous to the County.

4. Delivery of Bid All forms in Bid Packet are to be completed, signed, dated, and returned by the Due Date/Time shown above. Bid documents can be submitted online or can be delivered to the Purchasing Office.

Bid Submission Documents:

1. Lump Sum Bid Form, including Schedule of Values

2. Bid Bond

3. Certificate as to Corporate Principal

4. Statement of Bidder’s Qualifications

5. Non-Collusion Affidavit

6. Conflict of Interest Questionnaire (CIQ Form)

7. Residency Certification

8. Debarment Statement

9. Certificate Regarding Segregated Facilities

10. Disclosure of Lobbying Activities

11. E-Verify Certification

12. Certificate of Interested Parties – Form 1295

13. Addenda Sign and Date

Online Bid Submissions (preferred):

One (1) signed electronic copy of bid response form and all bid submission documents shall be submitted online via PublicPurchase.com.

*For PublicPurchase.com Online Bid Submission:

Refer to Attachment A- Online Bid Submission Guide

1. Log into Public Purchase.

2. Click Link “Home”.

3. Click the “Select Region”, select “Texas”.

4. “Select Agency” and select “Nueces County”.

5. “Open Bids” located on left side of the screen.

6. Click on the correct bid.

7. You will see all the information related to bid, select “Respond to Bid” to upload the file.

8. To receive a copy of the submission, click on “Print Submitted Information” located on the right side of the screen down below to the “Respond”.

Physical Bids Submissions (if unable to submit online):

Completed bids shall be enclosed in a sealed envelope plainly marked showing the IFB Number and Project Name for which the bids are intended, and the name and address of the Bidder.

Completed bid submissions shall include:

• One (1) original signed Lump Sum Bid Form and all other Bid Submission Documents

Submit all documents to the Nueces County Purchasing Agent, Attn: Michael Robinson Purchasing Agent, 901 Leopard St., Room 106, Corpus Christi, TX 78401.

Additional information:

If the bid furnished with this project requires a bid on a lump sum basis, the Bidder shall enter the total price on the Lump Sum Bid Form. In the event bid contains a Schedule of Values, respondent shall enter a breakdown of itemized cost and total lump sum price. Lump Sum amount for base bid and additive(s) shown will control in determining the lowest and best bid.

When “Calendar Days” is an Item, submit the number of calendar days to be used to complete the Contract, or phases of the Contract shown on the plans.

Execute the Bid in ink. Provide the complete and correct name of the Bidder submitting the bid.

The bid must be signed by the person or persons authorized to bind the contract.

Verify whether addenda have been issued on a proposed Contract. Acknowledge all addenda.

Bidder may call the County Purchasing office at 361-888-0426 to confirm the number of addenda issued, prior to submitting their bid.

Nueces County is a tax-exempt agency. Bidders shall not include Federal taxes or State of Texas limited sales excise and use taxes in bid prices. An exemption certificate will be furnished upon request.

If required by the County and/or Architect/Engineer, Bidder shall submit bid with a list of the sub-contractors they propose to use in the construction of the project.

5. Bid Bond

A Bid Bond, either in the form of a certified or cashier’s check or bid bond, in the amount of at least five percent (5%) of the largest amount bid must accompany each bid submittal.

A. Certified or Cashier’s Check. The Bid Bond must be payable to Nueces County and must be a cashier’s check or certified check drawn by or on a state or national bank, a savings and loan association, or a state or federally chartered credit union (collectively referred to as “bank”).

The type of check must be indicated on the face of the instrument and the instrument must be valid for a minimum of ninety (90) days. A check must be made payable at or through the institution issuing the instrument; be drawn by a bank and on a bank; or be payable at or through a bank. The County will not accept personal checks or other types of money orders as a bid bond.

B. Bid Bond. The bid bond must be on the form provided by the County, with powers of attorney attached, and in the amount specified on the bid bond form. The bond form must bear the impressed seal of the Surety Company and be signed by the Bidder and an authorized individual of the Surety Company. Bid bonds will only be accepted from surety companies authorized to execute a bond under and in accordance with state law.

C. The Bid Bond is to protect the County against the withdrawal of bids during the thirty (30) day period following the scheduled date for bid opening, and to further protect County against the failure, neglect or refusal of any Bidder awarded a contract to execute the required Contract and furnish the required Performance and Payment Bonds within ten (10) days after notification of the acceptance of bid.

D. If any Bidder withdraws their bid within thirty (30) day period they shall forfeit such Bid Bond to County as liquidated damages for such default. If any Bidder whose bid is accepted by County fails or refuses to furnish the required Performance and Payment Bonds within the ten (10) days after notice of such acceptance, he shall forfeit such Bid Security to County as liquidated damages for such default.

E. The Bid Bond of all Bidders, except the three (3) lowest, shall be returned promptly after the tabulation of bids. All Bid Guaranty will be returned at such time as the Construction Contract has been executed by the successful Bidder and the required Performance and Payment Bonds have been furnished. However, if County fails to accept any bid within thirty (30) days after the date scheduled for opening bids and a Bidder withdraws their bid, Bid Bond shall also be returned.

6. Performance and Payment Bond Bidder will be responsible for bonding the entire job at the time of execution of the Construction Contract and shall include the premium for such bonds in their bid.

Upon Conditional Selection, the selected Bidder shall furnish a Performance Bond and a Payment Bond, as required by law, each in the amount of the full contract price, and each in the form promulgated by the County. Such bonds must be written by a company, or companies, acceptable to and approved by the County. The County will not accept a bond written by any company that does not meet all following requirements.

No additional safeguards will be required by County if the bonds meet all following requirements:

A. The bond must be executed by a corporate surety or corporate sureties duly authorized and admitted to conduct business in the State of Texas and licensed by the State of Texas to issue surety bonds.

B. The surety or sureties executing such bond must be listed in the most current issue of U.S.

Department of Treasury Circular 570 (hereinafter called “Circular 570”) as an acceptable surety to execute bonds for federal projects.

C. The amount for which the bond is written shall not exceed the underwriting limitation prescribed by Circular 570 for the surety or sureties executing such bond.

7. Wage Rate Determination The construction of this Project is subject to V.T.C.A., Government Code, Chapter 2258. Prevailing Wage Rates, the terms of which require that not less than the general prevailing rate of current per diem wages for work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem for legal holidays and overtime work, shall be paid by Contractor to all laborers, workmen and mechanics employed under this Contract.

❖ The hourly wage rate for legal holiday and overtime work shall be not less than one and one half (1 & ½) times the base hourly rate.

County has ascertained that the general prevailing wage rate of per diem wages in this locality for each craft or type of workman or mechanic needed to carry out the Contract are those set out in Attachment B, attached hereto and made a part hereof.

Contractor shall forfeit as a penalty to County the sum of Sixty Dollars ($60.00) for each laborer, workman or mechanic employed for each calendar day or part of the day that any such laborer, workman or mechanic is paid less than the wage rates stipulated for work done under this Contract, by Contractor, or by any of Contractor’s subcontractors.

The rates specified are journeyman rates. Apprentices may be used on the Project and may be compensated at a rate determined mutually by the worker and employer, commensurate with the experience and skill of the worker but not at a rate less than sixty percent (60%) of the journeyman’s wage rate as shown. At no time shall a journeyman supervise more than one (1) apprentice. All apprentices shall be under the direct supervision of a journeyman working as a crew. Welders shall receive the wage rate prescribed for the craft performing the operation to which the welding is incidental.

8. Insurance and Liability The work shall not be commenced by Contractor until after the policy, or policies, evidencing the insurance coverage herein required, or certificates of such insurance, providing that the insurer shall give County thirty (30) days written notice prior to cancellation, material revision or intention not to renew, have been filed with the County.

In the event the Insurer refuses to provide the County with notice as detailed, the Contractor agrees to provide notice in writing immediately, and shall suspend all work until insurance is restored and proof, in a form acceptable to the County, is provided.

The Contractor, at their expense, shall purchase and maintain in force at all times during the term of this Contract, until the Project is finally completed and accepted by County, the insurance with limits not less than indicated below.

Bidder should shall provide and maintain.coverage for Contractors Pollution Liability Insurance with limits of not less than $1,000,000 each occurrence or pollution condition and $2,000,000 aggregate, together with $10,000,000 in follow-form Umbrella or Excess Liability coverage, providing combined limits of not less than $11,000,000 each occurrence or pollution condition.

The Umbrella or Excess Liability coverage shall expressly apply over the Contractors Pollution Liability policy and shall not exclude or restrict coverage for asbestos, lead, silica, mold, demolition, hazardous-material transportation, environmental cleanup, or non-owned disposal sites. Nueces County is to be named as additional insured and a waiver of subrogation is required for this policy.

The Commercial General Liability policy shall provide coverage for explosion, collapse, and underground hazards (XCU) and shall not contain exclusions that eliminate such coverage. The Certificate of Insurance shall identify the project number and project name.

A. Commercial General Liability:

Bodily Injury / Property Damage Each Occurrence $1,000,000 Annual Aggregate $2,000,000

A designated Project or Premises Endorsement (CG 25 01 11 85) which applies the general aggregate to the project must be provided. Nueces County is to be named as additional insured and a waiver of subrogation is required for this policy.

B. Automobile Liability Covering:

Owned Automobiles, Non-owned Automobiles, including Hired Automobiles and those of independent contractors. All must be marked on Certificate of Liability Form as applicable to vehicles that will be utilized on the job site. Only those vehicles that are insured under the Certificate of Insurance are permitted at the job site.

Bodily Injury / Property Damage

Per Occurrence $1,000,000

Nueces County is to be named as additional insured and a waiver of subrogation is required for this policy.

C. Umbrella (excess liability policy) or additional limits on foregoing risks $1,000,000.00. Policy must be a Commercial General Liability “follow form.”

D. Workers Compensation Insurance Certificate

Employer’s Liability Coverage Limit: $1,000,000.

All insurance must be written by insurance companies which are rated in the A.M. Best Rating Guide – Property & Casualty with a policyholder’s rating of A, and a financial size category of Class VII. A waiver of subrogation is required for this policy.

9. Additional Requirements Americans with Disabilities Act Bidder shall comply with all applicable provisions of the Americans with Disabilities Act of 1990 (Public Law 101-136) and implementing regulations thereunder.

Certificate of Interested Parties Form 1295 (if applicable*) Visit Texas Ethics Commission Website for Form 1295 completion instructions: https://prd.tecprd.ethicsefile.com/File/ *NOTE: Publicly Traded business entities do not require a Form 1295.

Certification Regarding Lobbying If applicable, the Bidder will execute and provide the Certification Regarding Lobbying form which shall be fully incorporated and made a part of this contract.

Civil Rights Act of 1964 Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

Conflict of Interest Questionnaire Chapter 176 of the Texas Local Government Code requires a vendor who enters or seeks to enter into a contract for the sale or purchase of real property, goods, or services with a local https://prd.tecprd.ethicsefile.com/File/ governmental entity or local government officer thereof to file a conflict-of-interest questionnaire with the governmental entity prescribed.

A Conflict-of-Interest Questionnaire Form (CIQ) must be submitted not later than the seventh (7th) business day after the date the vendor begins discussion, negotiation, applies or response to a request for proposal or bids, or correspondence in writing related to a potential contract with the local governmental entity.

Disclosure of Lobbying If applicable, the Bidder will execute and provide either the Byrd Anti-Lobbying Amendment Certification or the Disclosure of Lobbying Activities which shall be fully incorporated and made a part of this contract. The applicable form (either Certification or Disclosure Form) is required to be submitted with proposal response.

A. Byrd Anti-Lobbying Certification A Byrd Anti-Lobbying certification must be filled out to comply with federal law, which prohibits the use of federal funds for lobbying activities. This certification ensures that federal grant or contract recipients have not used federal money to influence legislation or government officials. It helps maintain transparency and accountability in how federal funds are used.

B. Disclosure of Lobbying Activities A disclosure of lobbying activities must be filled out to provide transparency about any efforts to influence government decisions. It ensures accountability by reporting who is lobbying, on what issues, and how much is being spent. This helps prevent conflicts of interest and maintains public trust in the legislative process.

Drug Free Workplace Act Bidder shall comply with all applicable requirements of the Drug-Free Workplace Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. § 8102, et seq.) and implementing regulations thereunder.

Equal Employment Opportunity During the performance of this Contract, the Contractor agrees as follows:

A. The Contractor will not discriminate against any employee or applicant for employment because of race, creed, sex, color, disability or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, sex, color, handicap or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, setting forth the provisions of this non-discrimination clause.

B. The Contractor will, in all solicitation or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, disability or national origin.

C. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.

D. The Contractor will send to each labor union or representative of workers with whom he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers’ representative of the contractor’s commitments under Section 202 of Executive Order Number 11246, as amended in 3 CFR 169 (1974), and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

E. The Contractor will comply with all provisions of Executive Order Number 11246, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor.

F. The Contractor will furnish all information and reports required by Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to their books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain complaints with such rules, regulations, and orders.

G. In the event of the Contractor’s non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order Number 11426, as amended or by rules, regulations, or orders of the Secretary of Labor, or as otherwise provided by law.

H. The Contractor will include provisions (a). Through (g). in every subcontract or purchase order, unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order Number 11426, as amended, so that such provisions will be binding upon each subcontractor or purchase order, as the contracting agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided however, that in the event the contractor becomes involved in or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interest of the United States.

Immigration Laws and Use of E-Verify Bidder agrees to comply with all requirements of the U.S. Immigration Reform and Control Act of 1986, as amended, and any implementing regulations thereto. Bidder further agrees to utilize the E-Verify system through the Department of Homeland Security on its employees. Bidder shall not employ unauthorized aliens and shall not assign services to be performed to any supplier or subcontractor who are unauthorized aliens. If any personnel performing any services hereunder are discovered to be an unauthorized alien, then Bidder will immediately remove such personnel from performing services hereunder and shall replace such personnel with personnel who are not unauthorized alien(s).

OSHA Regulations Bidder agrees to maintain and to display any applicable materials for its employees in accordance with OSHA regulations.

Residency Certification A bidder’s residency certification should be filled out to verify residence status and ensure compliance with local bidding requirements. It confirms that the bidder meets eligibility criteria for specific preferences or benefits that may be available to local businesses, thereby ensuring a fair and transparent bidding process.

SAM.gov Unique Entity Identifier Number Bidder shall be fully registered and provide the County with a Unique Entity Identifier Number (“UEIN”) on all contracts and agreements. The UEIN must be submitted from a document retrieved from the https://www.sam.gov website. These documents must be provided to the County prior to the processing of any payments to the Contractor. Bidder shall maintain a current UEIN for the entire Term of this Agreement and/or any Work Authorization issued hereunder.

Texas Government Code Verifications A) If the Contractor is NOT a sole proprietorship; B) If the Contractor has ten (10) or more full-time employees; and C) If this Agreement has a value of $100,000.00 or more, the verification under Texas Government Code §2271.002 of no boycott of Israel, the verification under Texas Government Code §2274.002 of no discrimination against firearm entities or firearm trade associations, and the verification under Texas Government Code §2276.002 of no boycott of energy companies as identified in Attachment B, are required. When these verifications are required, the Contractor will execute and deliver these verifications to the Owner prior to commencing any work hereunder, and said verifications shall be and are hereby made a part of this Agreement.

Workers Compensation Certification Contractor shall certify in writing that he provides Workers Compensation Insurance for all employees of the Contractor. The Contractor shall require all subcontractors to provide a similar certificate to the Contractor and the Contractor shall furnish such certificates to Nueces County.

Contractor shall:

(1) Provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements;

(2) Provide a certificate of coverage showing workers’ compensation coverage to the governmental entity prior to beginning work on the project;

(3) Provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor’s current certificate of coverage ends during the duration of the project;

(4) Obtain from each person providing services on a project, and provide the governmental entity:

a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and https://www.sam.gov

b) no later than seven (7) days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

(5) Retain all required certificates of coverage on file for the duration of the project and for one year thereafter;

(6) Notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the Contractor knows or should have known, of any change that materially affects the provisions of coverage of any person providing services on the project;

(7) Post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person might verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30-point bold type and text in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text in Figure 2: 28 TAC 110.110(d) (7) of this section, provided by the commission on the sample notice without any additional words or changes; and

(8) Contractually require each person with whom it contracts to provide services on a project to:

a) Provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all employees providing services on the project, for the duration of the project;

b) Provide a certificate of coverage to the contractor prior to beginning work on the project;

c) Include in all contracts to provide services on the project the language in subsection below;

“By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers’ compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of self-insured, with the commission’s Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions.”

This rule is applicable for building or construction contracts advertised for bid by a government entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid.

d) Provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

e) Obtain from each other person with whom it contracts, and provide to the contractor:

i. a certificate of coverage, prior to the other person beginning work on the project;

and

ii. prior to the end of the coverage period, a new certificate of coverage showing extension of coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; and

f) Retain all required certificates of coverage on file for the duration of the project and for one (1) year thereafter;

g) Notify the governmental entity in writing by certified mail or personal delivery, within thirty

(30) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and

h) Contractually require each other person with whom it contracts, to perform as required by subparagraphs (a) – (h) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services.

NUECES COUNTY

GENERAL REQUIREMENTS

It is understood that the Commissioners Court of Nueces County, Texas reserves the right to accept or reject in part or in whole any bid submitted and to waive informalities for the best interest of the County.

The award of this contract shall be made to the responsible Bidder who provides the lowest and best bid in accordance with the laws of the State of Texas.

Nueces County is aware of the time and effort you expend in preparing and submitting bids to the County. Please let us know of any bid requirements that are causing you difficulty in responding to our invitation for bids. We want to make the process as easy as possible so that all responsible Bidders can compete for the County’s business.

Nueces County will not be liable for any costs incurred by any Bidder in preparing a response to this IFB. Bidders submit bids at their own risk and expense. Nueces County makes no guarantee that any services will be purchased as a result of this IFB, and reserves the right to reject any and all bids. All bids and their accompanying documentation will become the property of Nueces County.

Bidders shall thoroughly examine the specifications, schedule, instructions and all other contract documents. Bidders shall make all investigations necessary to thoroughly inform themselves regarding facilities for delivery of materials and equipment as required by this solicitation. No plea of ignorance by the Bidder of conditions that exist or that may thereafter exist as a result of failure to fulfill in every detail the requirements of the contract document, will be accepted as a basis for varying the requirements of the County or the compensations to the Bidder.

Oral explanations and oral instructions given during the pre-bid process are not binding. Only requirements included in the bid and associated specifications and plans in subsequent County-issued written addenda are binding.

If any Bidder is in doubt as to the meaning of any part of the Drawings, Specifications, or other Contract Documents, or if he discovers what he considers to be a discrepancy, omission or conflict in such Contract Documents, he shall immediately contact Nueces County Purchasing Department via email:

michael.robinson1@nuecesco.com or fax: 361-888-0458; and advise of such by written notice or request for an interpretation of same. If such written notice or request is delivered to Nueces County Purchasing Department, c/o Michael Robinson, Purchasing Agent, Nueces County Courthouse, 901 Leopard Street, Room 106, Corpus Christi, Texas 78401 prior to five (5) calendar days before the time set for opening bids, the Nueces County Purchasing Agent shall issue a written addenda, forwarded to all persons who, to the knowledge of County, are prospective Bidders, setting out any corrections to such Contract Document or County’s/Engineer’s interpretation thereof, as the case may be.

ADDENDA: Any interpretations, corrections or changes to this Invitation for Bid and specifications will be made by addenda. Michael Robinson, Purchasing Agent, by Order from the Commissioners Court, shall issue all addenda. Addenda’s will be emailed or mailed to all that are known to have received a copy of this Invitation for Bid and posted on websites where the IFB is posted. Bidders must acknowledge receipt of all addenda by including a signed and dated copy in their Bid Response packet.

FUNDING: Funds for payment have been provided through Nueces County budget approved by the Nueces County Commissioners Court for the fiscal year only. State of Texas prohibits the obligation and expenditure of public funds beyond the fiscal year for which the budget has been approved.

Therefore, anticipated orders or other obligations that may arise past the end of the current fiscal year shall be subject to budget approval. The Fiscal Year for Nueces County extends from October 1st of each calendar year to September 30th of the next calendar year.

mailto:michael.robinson1@nuecesco.com

DELIVERY OF BIDS: No bid or modification to a bid or inclusion of addendum to response bid shall be made orally or by email, telephone, telegraph or facsimile transmission (fax).

When submitting by mail, place the envelope in another sealed envelope and address (including the room number) as indicated in the official advertisement. Bids that do not arrive in the hands of the Letting Official at the location described in the official advertisement, on or before the time and date set for the opening, will not be accepted, and will be considered a late bid.

LATE BIDS: Nueces County is not responsible for lateness or non-delivery of mail by carrier, etc.

Bidders planning to hand deliver bids are advised that a security screening station operates in the Courthouse and delays may be anticipated in reaching the Purchasing Office. Nueces County cannot accept a bid after the closing hour advertised. Bids received in the Purchasing Office after submission deadline will be considered non-responsive. Late bids will not be opened until a contract is approved, and one copy of the bid will be filed with the permanent file. Nueces County will not be responsible for unmarked/improperly marked bids or for bids delivered to the wrong location.

REVISING BIDS: Revisions to bids will be handled as follows:

A. Before Submission and prior to Bid Opening. In ink, make desired changes, including interlineations, alterations, or erasures, and initial the changes to guarantee authenticity.

B. After Submission and prior to Bid Opening. Withdraw the bid in accordance with “Withdrawing Bids” below. In ink, make desired changes and initial the changes. Resubmit to the letting official in accordance with Article __, “Delivery of Bid”, the County will not make revisions to a bid on behalf of a Bidder.

C. After Bid Opening. Bid revisions are not allowed after the time of bid opening.

WITHDRAWAL OF BIDS: A Bid may be withdrawn by written fax, email, or mailed request received by Purchasing Agent prior to the time fixed for bid opening.

PROPRIETARY MATERIAL: All PROPRIETARY information must be clearly marked and identified as such. Failure to mark it as proprietary information may result in the information being released to the public. The County does not take any responsibility for determining whether information is proprietary.

All other information submitted is subject to be released under the Texas Public Information Act or other applicable law.

CONFIDENTIAL MATERIAL: All material that is to be considered confidential in nature must be clearly identified as such and will be treated as confidential by Nueces County to the extent allowable in the Texas Public Information Act.

BID PROCESS: Bids are opened and names and prices are read publicly by the Purchasing Agent or its designated representative at the time and location specified in the official advertisement.

NON-RESPONSIVE BIDS: A bid that has one or more of the deficiencies listed below is non-responsive and will not be considered.

A. The bid is not signed by the person or persons authorized to bind the contract.

B. The Bid Guaranty does not comply with the requirements contained in Article __, “Bid Bond”.

C. The bid is in a form other than the official Bid Form issued to the Bidder or Bidders.

D. The bid was not in the hands of the letting official as per the time and location specified in the advertisement.

E. The Bidder submits more than one bid, under the same or different name, for a specific proposed contract. (A Bidder may submit a bid and participate as a material supplier, subcontractor, or both to any or all Bidders contemplating submitting a bid for this work).

F. The Bidder bids more than the maximum or less than the minimum number of allowable working days shown on the plans when working days are an Item.

G. The Bidder modifies the County’s bid form in a manner that alters the content of the County’s bid form.

H. The Bidder did not attend a specified mandatory pre-bid conference as required by law.

I. The Bidder leaves the unit price bid amount on his/her bid form blank.

J. The Bidder’s entry of unit price bid amount in the bid form is illegible.

K. Failure to provide Bid Security/Bond.

TABULATING BIDS: This paragraph is applicable if soliciting unit prices:

A. Official Total Bid Amount. The County will check the sum of the quantities and the unit prices bid in the Bid to determine the official total bid amount. The official total bid amount is the basis for determining the apparent low bidder. The total bid amounts will be compared and the results made public. If after checking the sums, the amounts are wrong, the unit price shall prevail.

B. Interpretation of Unit Prices. The County will NOT make a documented determination of the unit bid price for tabulation purposes if a unit bid price is illegible. If illegible, the bid will be a non-responsive bid.

C. Consideration of Unit Prices. If a bid has a regular and a corresponding alternate Item or group of Items, the bid will be considered complete if:

• the regular Item or group of regular Items has unit prices entered, or

• the alternate Item or group of alternate Items has unit prices entered.

The bid will be considered incomplete and non-responsive if:

• a regular Item or group of regular Items is left blank, and

• a corresponding alternate Item or group of alternate Items is left blank.

D. Consideration of Alternate Items. If a unit price has been entered for both the regular Item and a corresponding alternate Item, the County will select the option (regular or alternate) that results in the lowest cost to the County. The County will select the regular Item or Items or the alternate Items or Items at the County’s discretion (if both the regular and alternate bid results in the same cost to the County).

TIE BIDS: If two (2) responsible Bidders submit the lowest and best bid, the Commissioners Court shall decide between the two (2) by drawing lots in a manner prescribed by the County Judge.

AWARD OF CONTRACT: The County reserves the right to reject any or all bids, to accept the bid or bids it considers most advantageous, to waive irregularities or formalities in bidding, and to hold all bids for thirty (30) days after the date scheduled for opening such bids.

Before a contract is awarded, the apparent low bidder, upon request by the County, shall furnish to County all or any portion of the following:

A. A verified statement of his financial condition during the three (3) month period prior to the bid opening, his experience record, a list of his proposed sub-contractors, a schedule of his equipment, and such other evidence of his ability to complete the Project in the manner and by the time specified in the Contract Documents as the County/Architect/Engineer may request.

B. Detail price sheets (original and two (2) copies) listing the general contract price of each portion of the work, together with a “breakdown” of prices for each of Bidder’s subcontractors. Such list of prices shall represent the true cost of the work to the County, including the Bidder’s profit, which shall be prorated over the term of the contract.

C. A schedule or “breakdown” of all underground work, and similar items that is not insurable, for the benefit of the County in determining accurate insurance values. If the apparent low bidder fails or refuses to furnish the information requested by Architect/Engineer or County, or, if after reviewing such information furnished, County determines that it is to its best interest to reject such apparent low bid, County may do so. In such event, County may consider, in order, the bid and qualifications of each of the next lowest bidders who have not withdrawn their bids, or County may reject all bids.

The Bidder whose bid is accepted by the County under the IFB shall within ten (10) days after receipt of notice that his bid has been accepted, execute a Contract with County, and shall furnish the Performance and Payment Bonds described in Article __, “Performance and Payment Bonds”, all on forms provided by County. Copies of such forms are on file at the office of Nueces County Purchasing Agent.

PROTESTS: Protests before award must be submitted in writing to the Purchasing Agent not later than six (6) calendar days after bid opening, and protests after award must be submitted within ten (10) calendar days after award by Commissioners Court.

The protests must include, at a minimum, the name of protester, bid number of description of goods or services, and a statement of grounds for protests.

Protest received in writing will be forwarded to the County Judge’s Office for processing. A response will be provided in writing to the protest.

CONTRACT: The bid, accompanying documents, and any negotiated terms, when properly executed and signed by Nueces County, shall constitute a contract equally binding between the successful Bidder and Nueces County.

CONTRACT CHANGES: No oral statements of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing and approved by the Nueces County Commissioners Court.

ASSIGNMENT OF CONTRACT: The services to be performed by the Bidder shall not be sold, assigned, sublet, conveyed or transferred nor shall the Bidder assign any monies due or to become due to him/her under any contract entered into with the County pursuant to these specifications, in whole or in part, without prior written consent of Nueces County.

TERMINATION FOR DEFAULT: Nueces County reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of Nueces County in the event of breach or default of this contract. Nueces County reserves the right to terminate the contract immediately in the event the successful Bidder fails to perform in accordance with the accepted bid.

Breach of contract or default authorizes the County to award to another Bidder, retain services elsewhere and charge the full increase in cost to the defaulting Bidder.

EXCEPTIONS AND SUBSTITUTIONS: All bids meeting the intent of this invitation for bid will be considered for negotiations. Bidders taking exception to the specifications or offering substitutions shall state these exceptions by attachment as part of the bid. The absence of such a list shall indicate that the Bidder shall be responsible for performing in strict accordance with the specifications of the Invitation for Bids. Nueces County Commissioners’ Court reserves the right to accept any and all or none of the exceptions and/or substitutions deemed to be in the best interest of the County.

SILENCE OF SPECIFICATIONS: The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement.

ETHICS: The Bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, elected or appointed official or agent of Nueces County.

GRATUITIES: Do not offer County employees benefits, gifts, or favors. Failure to honor this policy may result in the termination of the Contract. Termination of the Contract will be in accordance with the General Conditions.

No Public Official shall have interest in this contract except in accordance with Vernon’s Texas Codes Annotated, Local Government Code Title 5, Subtitle C, Chapter 171.

APPLICABLE LAWS AND VENUE: The successful Bidder agrees, during the performance of the work, to comply with all applicable codes and ordinances of the appropriate city, county or state of Texas as they may apply, as these laws may now read or as they may hereafter be changed or amended. The parties herein agree that this contract shall be enforceable in Nueces County Texas.

HOLD HARMLESS AGREEMENT: Successful Bidder shall defend, indemnify and save harmless Nueces County and all its officers, agents and employees from all suits, actions or other claims of any character, and description brought for or on account of any injuries or damages received or sustained by any person or property on account of any negligent act or fault of the successful Bidder, or of any agent, employee, subcontractor or supplier in the execution of, or performance under any contract which may result from bid award. Successful Bidder shall pay any judgement with cost that may be obtained against Nueces County growing out of such injuries.

LAWS, REGULATIONS AND PERMITS: The Bidder's attention is directed to the fact that all applicable State laws, municipal ordinances, and the rules and regulations of all…