RFB 26-585-08-20 Manhole Rehabilitation Project Throughout the C_of_M.pdf

CITY OF MISSION

SOLICITATION, OFFER AND AWARD FORM

SOLICITATION INFORMATION

REQUEST FOR BIDS (RFB)

1. BID NO.: 26-585-08-20 4. BRIEF DESCRIPTION:

2. ISSUE DATE: August 05, 2026

Manhole Rehabilitation Project Throughout the City of Mission

3. FOR INFORMATION CONTACT: (No collect calls)

NAME: Edgar Chapa, Contracts Administrator

TELEPHONE: (956) 580-8667 FAX:

E-MAIL: echapa@missiontexas.us

5. PRE-PROPOSAL CONFERENCE:

CONTRACTORS MEETING:

( Highly Recommended) *** There will be a conference. ***

LOCATION: City Hall / Executive Conference Room 1201 E. 8th Street, Mission, TX 78572

DATE: Thursday, August 13, 2026 TIME: 10:00 AM CST Zoom Pre-Bid Meeting Information

Meeting ID: 220 547 6707 Password: 9iYEY2

6. ADVERTISING DATES:

1st Week of Advertisement Date: __08__/_05___/_26___

2nd Week of Advertisement Date: __08__/_12___/_26___

7. SUBMIT OFFER TO: 8. OFFER SUBMISSION DUE DATE AND TIME:

Mailing/Hand/Commercial Courier Delivery

City of Mission Procurement Department

1201 E. 8th Street R101 Mission, TX 78572

Bid # 26-585-08-20

DATE: Thursday, August 20, 2026

TIME: 2:00 PM CST

Zoom Bid Opening Meeting Information Meeting ID: 220 547 6707 Password: 9iYEY2

9. No Facsimiles or late arrivals will be accepted. Any proposals received after offer submission due date and time will not be opened and will be returned. City of Mission Purchasing Department time stamp clock will be the governing time for acceptability of bids. Overnight mail must also be properly labeled on the outside of the express envelope or package in reference to RFP.

10. SUBMIT WITH OFFER: Original offer and 1 photocopy including documents and attachments so indicated on Page 2 of this form.

11. Offers submitted in response to an RFB will be opened publicly by The City of Mission Purchasing Department, immediately after the submission due date and time. Offers submitted in response to an RFP will NOT be publicly opened.

12. FIRM OFFER PERIOD: Offers submitted shall remain firm for a period of 60 calendar days from the final due date for bids.

13. NOTE: For Invitation for Bids, “offer” and “offeror” mean “bid” and “bidder”.

OFFER

(To be completed by Offeror)

14. In compliance with the above, the undersigned agrees, if this offer is accepted within the period specified in Block 12, above, to furnish any or all items, or provide the service(s), upon which prices are offered in the Schedule at the price set opposite each item or service, and to deliver the item(s) and or perform the service(s) at the designated location(s) within the time specified.

15. BIDDERS NAME, ADDRESS: (Type or Print) 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN THE OFFER: (Type or Print)

TELEPHONE:

CELL PHONE:

E-MAIL:

FAX:

17. BIDDERS SIGNATURE & DATE:

AWARD

(To be completed by City of Mission)

18. TOTAL AMOUNT OF AWARD:

19. PROCUREMENT AGENT SIGNATURE & DATE OF AWARD:

Name:

Signature: ____________________________________

Date: ____/____/____ mailto:echapa@missiontexas.us

SOLICITATION INDEX

20. CONTENTS: (DOCUMENTS WITH A YES ARE TO BE SUBMITTED WITH OFFER)

NAME FORM DESCRIPTION SUBMIT WITH OFFER?

Cover Sheet

Solicitation, Offer and Award Form (Complete in its entirety to include Sign and Date)

YES

⚫ Instructions to Bidders

Instructions to Bidder -- General Terms & Conditions

YES

Time of Completion YES

Pricing Schedule Signed and Completed (Signed & Executed) NO

Bid Bond of 5% of Total Amount of Bid YES

Payment & Performance Bonds These documents will be requested after Award of Contract (Signed and Executed)

NO

Milestone Schedule This document will be requested after Award of Contract (Signed and Executed)

NO

Insurance Certificate (This form will be requested after Award of Contract)

NO

Specifications/Scope of Work

Description of Manhole Rehabilitation Project Throughout the City of Mission

YES

⚫ Non-Collusive Bidding Certificate Vendor Acknowledgement Form (Signed and Executed) YES

⚫ S.B. 252 Certification Form S.B. 252 Certification Form (Signed and Executed) YES

⚫ Schedule of Subcontractor(s)/Subconsultant(s)

Attachment #1 (Signed & Executed)

YES

Addenda(s)

Confirmation Receipt of Addendum(s) Upon Release (Signed and Executed)

YES

Disclosure of Interested Parties

Certificate of Interested Parties (This form will be requested after Award of Contract) (Signed & Executed)

NO

Bidder’s General Questionnaire

General Questions (Supporting Documentations) (Signed and Executed)

YES

CIQ Questionnaire

Conflict of Interest Questionnaire (This form will be requested before Award of Contract Signed and Executed)

NO

****Firm name and authorized signature must appear on each page that calls

For this information. Failure to do so may disqualify your Bid ****

City of Mission Solicitation: Manhole Rehabilitation Project Throughout the City of Mission – Bid No. 26-585-08-20 Page 1 of 28

Instructions to Bidder – General Terms & Conditions

Bid Name/No.: Manhole Rehabilitation Project Throughout the City of Mission / RFB: 26-585-08-20

Please read your specifications thoroughly and be sure that the offered complies with all requirements. Any variation from the specifications will not be allowed. If you are the successful bidder, it will be required that Manhole Rehabilitation Project Throughout the City of Mission be provided as specified.

(1) Introduction and Purpose of Solicitation

The City is seeking sealed bids from qualified contractors or individuals interested in providing all labor, materials, and equipment for the Manhole Rehabilitation Project Throughout the City of Mission. Contractors are to submit bid in accordance with the specifications and plans attached hereto and any other miscellaneous scope elements identified in specifications.

Sealed bids will be received for “Manhole Rehabilitation Project Throughout the City of Mission” in accordance with the specifications attached hereto.

All specifications shown are minimum requirements. There is no intention to disqualify any bidder who can meet or exceed these specifications.

One (1) original and one (1) copy of RFB must be enclosed in a sealed envelope with vendor’s name and return address clearly typed/printed on upper left hand corner and proper notation clearly type/printed on the lower left hand corner “Request for Bids” –“Manhole Rehabilitation Project Throughout the City of Mission / Bid No. 26-585-08-20” and delivered to City of Mission Purchasing Department, 1201 East 8th Street, Mission, Texas 78572 on or before 2:00 p.m., Thursday, August 20, 2026. No Facsimiles or late arrivals will be accepted.

Bidders are strongly encouraged to deliver their submittal via hand-delivery/runner. Any RFP received after that time will not be opened or considered, and will be returned.

*** Be advised that mailing (ex:USPS, FedEx, UPS) are accepted submittals; however, the Proposer/sender bares total responsibility of any mail delayed or errors/mishaps of delivery ***

(2) Type of Business

(a) The Bidder represents as part of its offer that it operates as (Mark one with an "X"):

an individual a sole proprietorship a partnership a corporation another entity ____________________.

(3) Interest of Public Officials

The offeror represents and warrants that no employee, official, or member of the Council (Executive Committee) of the City is or will be peculiarly interested in or benefited directly or indirectly as a result of this contract.

(4) Covenant Against Gratuities

The offeror represents as part of its offer that neither it nor any of its employees, representatives or agents have offered or given gratuities (in the form of entertainment, gifts or otherwise) to any director, officer or employee of the City with the view toward securing favorable treatment in the awarding, amending, or the making of any determination with respect to the performing of the contract.

City of Mission Solicitation: Manhole Rehabilitation Project Throughout the City of Mission – Bid No. 26-585-08-20 Page 2 of 28

(5) Preparation of Bids

(a) Bidders are expected to examine the Pricing Schedule, General Terms & Conditions, all drawings, specifications, the statement of work, and all other provisions of, and attachments to, the solicitation, whether incorporated by reference or otherwise, prior to the submission of bids. Failure to do so will be at the bidder's risk.

(b) Each bidder shall furnish the information required by the solicitation. Bids shall be submitted on the bid form contained in the solicitation. Bidders shall sign and print or type their name on the bid form and each continuation sheet on which they make an entry. Erasures or other changes must be initialed by the person signing the bid.

Bids signed by an agent of the bidder (other than an officer or a partner of the bidder) are to be accompanied by evidence of the agent's City (unless such evidence has been previously furnished to the City).

(c) All blanks on the bid form shall be filled in by typewriter or printed in ink with a firm fixed unit price for items bid. In case of any discrepancy between a unit price and any extended or total price required by the bid form, the unit price will be presumed to be correct, subject, however, to correction to the same extent and in the same manner as any other mistake.

(d) Bids for property or services other than those specified in the Schedule will not be considered unless specifically authorized in the solicitation. Any condition, qualification, or limitation of the bid may be a basis for rejection of the bid as nonresponsive.

(e) The bidder must state a definite time for delivery of property or for performance of services unless otherwise specified in the solicitation. All measurements shall be in the system of weights and measures in common usage in the United States, and pricing shall be in U.S. dollars.

(6) Submission of Bids

(a) Bids and modifications thereof shall be enclosed in sealed envelopes or sealed cartons and submitted to the Buyer of the City of Mission at the address specified in the solicitation. The bidder shall show the hour and date specified in the solicitation for receipt of bids, the solicitation number, and the bidder's name, address, and telephone number on the face of the envelope or carton.

(b) Samples of items, when required, must be submitted within the time specified and, unless otherwise specified in the solicitation, at no expense to the City. If not destroyed by testing, samples will be returned at the bidder's request and expense, unless otherwise specified in the solicitation.

(c) Each copy of the bid shall include the legal name of the bidder and a statement whether the bidder is a sole proprietorship, a corporation, or any other legal entity. A bid for a corporation shall further give the state of incorporation and have the corporate seal affixed to it.

(7) Acknowledgement by Signature

Bids must give full firm name and address of bidder, and be manually signed. Failure to do so will disqualify your bid. Person signing bid must show title or AUTHORITY TO BIND THE FIRM IN A CONTRACT. Firm name and authorized signature must appear on each page that calls for this information.

(8) Pre-Bid Conference and Questions Concerning the Solicitation

(a) A pre-bid conference is scheduled for all interested parties to discuss the solicitation requirements, if so indicated on the Solicitation, Offer and Award Form. Details concerning the conference date, time and location are provided on the Solicitation Handling and Award Form.

(b) Questions and requests for clarification relating to this solicitation, shall be submitted in writing, to the contact person identified in the Solicitation, Offer and Award Form by mail, facsimile or commercial courier, at least three (3) working days in advance of the scheduled conference to allow sufficient time for responses to be considered and prepared by the City. Questions concerning the solicitation that are not addressed at the conference, if one is held, shall be submitted in writing no later than five (5) working days in advance of the offer submission due date and time, which is the minimum time required for the City’s reply to reach offerors before the offer submission due date and time, as required by the "Acknowledgement of Amendments to the

City of Mission Solicitation: Manhole Rehabilitation Project Throughout the City of Mission – Bid No. 26-585-08-20 Page 3 of 28

Invitations for Bids" clause. Questions received less than five (5) working days in advance of the offer submission due date and time will be responded only if the City determines that the question and its response would have a material and substantive impact on the solicitation.

(9) Explanation to Bidders

Any explanation desired by a bidder regarding the meaning or interpretation of the solicitation, drawings, specifications, etc., must be requested in writing from the City’s authorized representative and with sufficient time allowed for a reply to reach bidders before the submission of bids. Any communication held with city employees, council members, or representatives other than the purchasing staff may be subject to rejection of Bid. Oral explanations or instructions given before the award of any contract, at any pre-bid conferences or otherwise, will not be binding on the City. Any information given to a bidder concerning an interpretation of the solicitation will be furnished to all bidders as an amendment to the solicitation, if such information is necessary to bidders in submitting bids on the solicitation or if the lack of such information would be prejudicial to uninformed bidders.

From the time of issuance of this solicitation until the final award is made and announced, all offerors, vendors, consultants, or individuals acting on their behalf are strictly prohibited from communicating with members of the City Council, the City Manager, or any City staff other than the designated Procurement Officer regarding any aspect of this solicitation.

Any attempt to influence the outcome of the procurement process through direct or indirect communication with City officials or employees outside of the approved channels may result in disqualification of the vendor from consideration.

All questions or clarifications must be directed in writing to the Procurement Officer listed in this solicitation.

(10) Acknowledgment of Addendums to Invitation for Bids

(a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

(b) Bidders shall acknowledge receipt of any addendums to this solicitation: by signing and returning the addendums. The City must receive the acknowledgment by the time and at the place specified for receipt of bids.

(11) Alter or Amend

Bids cannot be altered or amended after opening time. Alterations made before opening time must be initialed by bidder guaranteeing authenticity. No bid may be withdrawn after opening time without acceptable reason in writing and only after approval by the City of Mission.

(12) STATE SALES TAX MUST NOT BE INCLUDED IN BID

(13) Substitutions

No substitutions or cancellations permitted without written approval of the City of Mission

(14) Deviations

Any additions, deletions, deviations or variations from the following specifications shall be specified in your bid for review by the Engineer. Any parts not specifically mentioned which are necessary for the work to be complete and for use or which are normally furnished as standard equipment or materials shall be furnished by the successful bidder and shall confirm in strength, quality, and workmanship to the accepted standard of the industry.

(15) Contract Type

This is a firm fixed unit price contract for the Manhole Rehabilitation Project Throughout the City of Mission.

City of Mission Solicitation: Manhole Rehabilitation Project Throughout the City of Mission – Bid No. 26-585-08-20 Page 4 of 28

(16) Evaluation and Basis for Award

(A) Award of the Contract

a) If the competitive sealed bidding requirement applies to the contract for goods or services, the contract must be awarded to the lowest responsible bidder or to the bidder who provides goods or services at the best value for the municipality.

b) In determining the best value for the municipality, the municipality may consider:

1) the purchase price;

2) the reputation of the bidder and of the bidder’s goods or services;

3) the quality of the bidder’s goods or services;

4) the extent to which the goods or services meet the municipality’s needs;

5) the bidder’s past relationship with the municipality;

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

7) the total long-term cost to the municipality to acquire the bidder’s goods or services;

8) any relevant criteria specifically listed in the request for bids or proposals.

(B) One Award

One contract award is anticipated under this solicitation. As such, multiple contract awards shall not be made.

(17) Award of Contract

(A) The contract will be awarded to the lowest responsive and responsible bidder whose bid, conforming to the solicitation. A responsible bidder is one who affirmatively demonstrates to the City that the bidder has adequate financial resources and the requisite capacity, capability, and facilities to perform the contract within the delivery period or period of performance, has a satisfactory record of performance on other comparable projects, has a satisfactory record of integrity and business ethics, and is otherwise qualified and eligible to receive award under the solicitation and laws or regulations applicable to the procurement.

(B) The City of Mission reserves the right to waive or take exception to any part of the specifications when in the best interest of the City of Mission.

(C) The City of Mission reserves the right to reject any or all bids, to waive any or all formalities or technicalities, and to make such awards of contract as may be deemed to be the best interest, and most advantageous of the City of Mission.

(C) Number of days and/or weeks stated on bid form for complete delivery of service will be a factor in the evaluation and award to bid.

(D) The acceptability evaluation is not conducted for the purpose of determining whether one bidder's item is superior to another but only to determine that a bidder's offering is acceptable as set forth in the Request for Bids. Any bidder's offering which does not meet the acceptability requirements shall be rejected as non-responsive as per 23 CFR 635.112(h).

(E) A written award (or acceptance of bid) which is mailed, telegraphed, or otherwise furnished to the successful bidder within the time for acceptance specified in the solicitation shall be deemed to result in a binding contract without further action by either party.

(F) Any financial data submitted with any bid hereunder or any representation concerning facilities or financing will not form a part of any resulting contract; provided, however, that if the resulting contract contains a clause providing for price reduction for defective cost or pricing data, the contract price will be subject to reduction if cost or pricing data furnished hereunder is incomplete, inaccurate, or not current.

(G) The City may hold bids 60 days after bid opening without taking action. Bidders are required to hold their bids firm for same period of time.

City of Mission Solicitation: Manhole Rehabilitation Project Throughout the City of Mission – Bid No. 26-585-08-20 Page 5 of 28

(H) The geographical location(s) of bidder’s facilities referenced “Manhole Rehabilitation Project Throughout the City of Mission” given due consideration in determining the lowest responsible bidder. All items will be evaluated and awarded individually or in any combination thereof.

(I) Quote F.O.B. Mission, Texas. If not quoting, show guaranteed exact cost to deliver. Bid in units of quantity specified extend and show total.

(18) Non-Responsive Bid

To be considered for award, a bid must be "responsive"; i.e., comply in all material respects with the Request for Bids as stipulated in 23 CFR 635.112(h) and contract provisions. Bids must be responsive so that all bidders may stand on an equal footing and the integrity of the competitive procurement system may be maintained. Examples of nonresponsive bids include:

(a) failure to sign the bid;

(b) failure to acknowledge receipt of a material amendment to the Request for Bids;

(c) bids containing any exception to, or any qualification of, any material requirement of the Request for Bids;

(d) bids imposing any condition or altering the rights of the City (e.g., conditioned on the occurrence of any event, the receipt of material or parts, "negotiation" of the warranty, or nondisclosure of information);

(e) failure to furnish items or information required to be submitted with the bid;

(f) bids which are indefinite, uncertain, or ambiguous (the consideration of which would give the bidder an unfair competitive advantage); and

(g) bids containing unsolicited descriptive literature if the bid creates any uncertainty as to whether the bidder is offering to conform to the specifications.

(19) Independent Contractor

The Contractor at all times shall be an independent contractor. The Contractor shall be fully responsible for all acts and omissions of its employees, subcontractors, and their suppliers, and shall be specifically responsible for sufficient supervision and inspection to ensure compliance in every respect with the contract requirements. There shall be no contractual relationship between any subcontractor or supplier of the Contractor and the City by virtue of this contract. No provision of this contract shall be for the benefit of any party other than the City and the Contractor.

(20) Construction Schedule

(a) Promptly after contract award within seven (7) calendar days, the Contractor shall meet with the City Engineer and

Procurement Staff to discuss project scheduling and, at that meeting, shall submit a practicable schedule showing the order in which the Contractor proposes to perform the work and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a network analysis of suitable scale to indicate appropriately the percentage of the Contractor's work breakdown schedule which will be completed by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, Procurement can proceed with termination and collection on bonds.

(b) The Contractor shall enter the actual progress on the schedule as directed by the City Engineer and, upon doing so, immediately shall deliver a copy of the annotated schedule to the City Engineer. If, in the opinion of the City Engineer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the City Engineer, without additional cost to the City. In this circumstance, the City Engineer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the City Engineer deems necessary to demonstrate how the approved rate of progress will be regained.

City of Mission Solicitation: Manhole Rehabilitation Project Throughout the City of Mission – Bid No. 26-585-08-20 Page 6 of 28

(c) Failure of the Contractor to comply with the requirements of the City Engineer under this clause shall be grounds for a determination by the City Engineer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the City Engineer and Procurement Director may terminate the Contractor's right to proceed with the work, or any separable part of it, in accordance with the terms of this contract.

(21) Permits and Responsibilities

The Contractor shall, without additional expense to the City, be responsible for obtaining any necessary licenses and permits and for complying with any federal, state, county, and municipal laws, codes, and regulations applicable to the performance of the work, including, but not limited to, any laws or regulations requiring the use of licensed contractors to perform parts of the work. The Contractor also shall be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence and shall take proper safety and health precautions to protect the work, the workers, the public, and the property of others. The Contractor also shall be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

(22) Build America, Buy America Act

The Build America, Buy America Act (the Act), enacted as part of the Infrastructure Investment and Jobs Act on November 15, 2021, established a domestic content procurement preference for all Federal financial assistance obligated for infrastructure projects after May 14, 2022. The domestic content procurement preference requires that all iron, steel, manufactured products, and construction materials used in covered infrastructure projects are produced in the United States.

Agencies may waive the domestic content procurement preference if (1) a waiver is in the public interest, (2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or satisfactory quality, or (3) the application of the domestic content preference would increase the cost of the overall project by more than 25 percent.

(23) Equipment Rental Rates

Equipment rental rates on Force Account work shall be at the Blue Book rental rate.

(24) Private Utility Construction

Private utilities should be relocated prior to construction. The Contractor shall schedule and coordinate his work effort with any private utility contractor who may be relocating private utilities during this construction period.

Relocation of utilities during the construction, the relocation should not impact the contractor’s operation. The utility companies are to be notified in writing ten (10) calendar days prior to commencing any work effort affecting the utility. Reconfirmation will be obtained by the Contractor by telephone forty-eight (48) hours prior to beginning work.

(25) Foreseen Delay

When delay can be foreseen, bidder shall give prior notice to the City of Mission. Bidder must keep City of Mission advised at all times of status on the completion of project. Default in promised delivery (without acceptable reasons) or failure to meet specifications, authorizes the City of Mission to purchase such deliver/service “Manhole Rehabilitation Project Throughout the City of Mission” off contract. The contractor will be liable for any increase in cost incurred due to defaulting on “Manhole Rehabilitation Project Throughout the City of Mission ” project.

a. Acceptable reasons for delayed of project are as follows; Act of God (floods, tornadoes, hurricanes, etc.), acts of government, fire strikes, war. Actions beyond the control of the successful bidder.

file://IKONSERVER/NetworkFiles_Ikonserver/Purchase/Network%20Backup%20Files/SOLICITATIONS/RFB's/24-316%20Const%20Restrooms%20at%20City%20Parks/Sec.%20B_11%20Solicitation%20&%20Ammendments/Terms%20and%20Conditions%20HAP%2023-284.docx https://www.hud.gov/sites/dfiles/GC/documents/Build%20America,%20Buy%20America%20Act%20Provisions.pdf

City of Mission Solicitation: Manhole Rehabilitation Project Throughout the City of Mission – Bid No. 26-585-08-20 Page 7 of 28

(26) Construction Days

Number of days required for completion, after receiving notice to proceed, for each project under “Manhole Rehabilitation Project Throughout the City of Mission” must be stated in bid. Failure to so state will obligate bidder to complete the project within forty-five (45) days.

a) Completion/Acceptance of project should not exceed 45 calendar days. Exceeding the number of days shall result in rejection of bid.

Days to complete work as per specifications after receipt of notice to proceed:

Manhole Rehabilitation Project Throughout the City of Mission _______________ calendar days

(27) Liquidated Damages

LIQUIDATED DAMAGES FOR DELAY: And the CONTRACTOR agrees that time is the essence of this contract, and that for each day of delay beyond the number of working days herein agreed upon for the completion of the work herein specified and contracted for (after due allowance for such extension of time as is provided for under Extension of Time herein) above the OWNER may withhold permanently for the CONTRACTOR’S total compensation the sum of two hundred fifty Dollars $250.00/per day __ as stipulated damages for such delay.

Bidders are advised that any part of the specifications that are not met within the time of completion regardless of how major or minor it might be shall be grounds for none acceptance and collection of liquidated damages and forfeiture of bonds.

(28) Confidential Data

Each bidder may clearly mark each page of the bid that contains trade secrets or other confidential commercial or financial information which the bidder believes should not be disclosed outside the City. Disclosure of requested information will be determined in accordance with the Texas Open Records Act.

(29) Cancellation of Solicitation

This solicitation may be cancelled by the City before or after receipt of bids or proposals (as applicable).

(30) Removal of Contract Personnel

(a) The Contractor and any subcontractor acknowledge that any person assigned to work under this Contract must perform their duties so as to not unduly impair contract performance. By assigning a person to work under this Contract, the Contractor agrees to be responsible for the behavior of that person during contract performance.

(b) The Contractor acknowledges that the City has the right to require the removal of any Contractor or subcontractor employee that the Engineer, Project Manager, or Procurement Director determine, at their sole discretion, to be negatively effecting performance of work under the contract. Examples of such behavior include: (1) conduct which poses a threat to the safety of anyone working under the contract; (2) conduct which is disruptive to contract performance; (3) careless work performance; and (4) other behavior determined by one of the three (3) project officials to be objectionable or unduly hindering contract performance.

(c) Upon receipt of written notice from the Procurement Director that a person’s behavior is unduly impairing contract performance, the Contractor agrees to remove that person from doing any further work on the contract, and to cause that person to be removed from the worksite. The Contractor agrees that it is not entitled to any additional costs it may incur as a result of the removal of the person named by the Procurement Director.

(31) Discrepancies or Omissions

Bidder shall carefully examine the bid forms, general terms and conditions, specifications, and provisions.

Should the bidder find discrepancies in, or omissions from bid forms, general terms and conditions, specifications, City of Mission Solicitation: Manhole Rehabilitation Project Throughout the City of Mission – Bid No. 26-585-08-20 Page 8 of 28 or other documents, or should he/she be in doubt as to their meaning, he/she should at once notify the Procurement Department (Mission City Hall, (956) 580-8667) and Engineer and obtain clarification by addendum prior to submitting any bid.

Unless otherwise specified, any catalog or manufacturer’s reference or brand name used in describing an item is merely descriptive, and not restrictive, and is used only to indicate type, style or quality of material desired. If a bidder quotes on an article other than the one specified, which he/she considers comparable, the name and grade of said article must be specified in the bid and sufficient specifications and descriptive date must accompany same to permit thorough evaluation. In the absence of these qualifications, he/she will be expected to furnish the article called for.

(32) Compliance with Federal, State and Local

Bidders must comply with all applicable federal, state and local laws, rules, regulations and ordinances and statutes relating to purchasing in the State of Texas in addition to the requirements of this form.

(33) Change Orders

Change orders will not be allowed, bidders must thoroughly review specifications in order to factor in any unforeseen costs.

(34) Allowance

There is an allowance included in the bid.

(35) Site Investigation and Conditions Affecting the Work

(a) The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including, but not limited to, (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of labor, water, electric power, and roads; (3) uncertainties of weather, flooding patterns and water drainage, or similar physical conditions at the site; (4) the conformation and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and during work performance. The Contractor acknowledges that its undertaking to complete the contract within the contract schedule includes an allowance for the normal number of days in which contract work may be partially or totally delayed because of weather during the season and at the location the contract will be performed and that the Contractor shall not be entitled to excusable delays or compensation for such delays. The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, access to the site, and territory surrounding the site, including all exploratory work done by the Engineer and City as well as from the drawings and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work or for proceeding to perform the work successfully without additional expense to the City.

(b) The City assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the City. Nor does the City assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract.

(36) Indemnification

The bidder agrees to indemnify and save harmless the City, the Procurement Director and any assistants from all suits and actions of every nature and descriptive brought against them or any of them, for or on account of the use of patented appliances, products or processes, and he/she shall pay all royalties and charges which are legal and equitable. Evidence of such payment or satisfaction shall be submitted upon request of the Procurement Director, as a necessary requirement in connection with the final estimate for payment in which such patented appliance, products or processes are used.

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(37) BILLING AND PAYMENT INSTRUCTIONS:

Invoices must include:

a. Name and address of successful vendor

b. Name and address of receiving department or official

c. Purchase Order Number (if any)

d. Notation - “Manhole Rehabilitation Project Throughout the City of Mission”

e. Descriptive information as to the items or services delivered, including product code, item number, quantity etc.

The City of Mission will execute payment by mail within thirty (30) working days after work has been completed and found to meet specifications for “Manhole Rehabilitation Project Throughout the City of Mission” as indicated below.

Subject to the withholding provisions of the contract, payment shall be made within 30 days after the City's receipt of a properly prepared invoice.

Payment #1: 45% of price at 50% completion Payment #2: 45% of price at 100% completion Payment #3: (10% Retainage) 31 days after completion of project

Please Note: Material on Hand (MOH) is available if needed.

(38) Funding

Funds for this procurement have been provided through FY23-24 Community Development Block Grant (CDBG), and through the City budget, for this fiscal year only. The award of a bid or contract hereunder will not be construed to create a debt for the City which is payable out of federal funds beyond the current fiscal year.

(39) Bid Bond

The bidder is specifically advised that the bid must be accompanied by a bid bond from a reliable surety company licensed to operate in the State of Texas, totaling five percent (5%) of the total amount of the bid, as a guaranty that if awarded the bid, the bidder shall meet all specification requirements and delivery date(s). A certified cashier’s check will be allowed in lieu of a bid bond for five (5%) of the total amount for the project.

a) Bidder’s failure to comply with specification requirements and delivery date(s) shall forfeit the check(s) or bid bond(s) as identified in this paragraph of these general terms and conditions to bidders. Such check(s) or bid bond(s) will be returned to all except three lowest bidders within ten (10) business days after opening of bids, and the remaining check(s) or bid bond(s) to exclude the successful bidders will be returned promptly after an official awarded of contract.

b) Certified cashier’s check or bid bond from a reliable surety company of the awarded bidder shall be returned upon receipt of final delivery/acceptance of said goods or services along with payment/performance bond(s) by the Owner. If no award has been made within ninety (90) days after opening of bids, check(s) and/or bid bond(s) will be returned accordingly.

(40) Performance and Payment Bonds

(a) Performance Bond. The Contractor shall provide a Performance Bond if the contract amount exceeds $100,000.

(b) Payment Bond. The Contractor shall provide a Payment Bond if the contract amount exceeds $25,000.

(c) All required bonds shall be provided in an amount equal to one hundred percent (100%) of the contract amount. The surety company providing the bonds must be authorized to do business in the State of Texas. The surety company shall be approved for the amount of the bonds and, either hold a certificate of City from the U.S.

Department of Treasury or have obtained reinsurance from a Treasury listed insurer, in accordance with the requirements of Article 7.19-1, Vernon's Texas Insurance Code, as amended.

City of Mission Solicitation: Manhole Rehabilitation Project Throughout the City of Mission – Bid No. 26-585-08-20 Page 10 of 28

(d) The Contractor shall be required to submit all required bonds within seven (7) days from the date of Notice of Award to the Procurement department.

(41) Forfeiture of Bid Bonds

Bidders are advised that any part of the specifications that are not met within the time of completion/delivery regardless of how major or minor it might be shall be grounds for none acceptance of delivery and forfeiture of bid bond.

(42) Submission of Schedule of Subcontractor(s)/Subconsultant(s)

Each offeror should include with bid a completed Schedule of Subcontractor(s)/Subconsultant(s) form provided as Attachment 1 to General Terms and Conditions with their offer. The contents of the form may be a factor used in determining an offeror's responsibility.

(43) Duty to Inform

If, at any time during the performance of the contract the Contractor becomes aware of an actual or potential problem, fault, or defect in the project or any non-conformance with any contract document, federal, state or local law, rule, or regulation, the Contractor shall give immediate written notice thereof to the Engineer. If the Contractor is aware of any such problem, fault, defect or non-conformance, or should be aware through proper diligence of any such problem, fault, defect or non-conformance, and the Contractor fails to give the required notice, the Contractor shall assume full responsibility therefore and shall bear all costs attributed thereto.

(44) Insurance Requirements for Supply/Services and/or Construction

(a) Required Coverage. The Contractor shall, at all times during the term of this contract and extended terms thereof, provide and maintain the following types of insurance protecting the interests of the City of Mission and the Contractor with limits of liability not less than those specified below.

Commercial General Liability insurance or its equivalent, listing City of Mission as an additional insured, providing limits of not less than $500,000 for bodily injury and property damage per occurrence, consistent with potential exposure to City under the Texas Tort Claims Act. Coverage should include injury to or death of persons and property damage claims arising out of the services, construction, etc. provided with a general aggregate of $1,000,000, and a products and completed operations aggregate of $1,000,000. Coverage should include:

Damaged to rented premises at a minimum of $100,000 per occurrence. There shall not be any policy exclusions or limitations for the following as well:

Contractual Liability covering Contractor's obligations herein Personal Injury Advertising Liability Medical Payments Fire Damage Legal Liability Broad Form Property Damage Liability for Independent Contractors

(b) Automobile liability insurance policy with combined single limit of at least Five Hundred Thousand Dollars

($500,000.00) per occurrence, consistent with potential exposure to City under the Texas Tort Claims Act.

(c) Uninsured/Underinsured motorist coverage in an amount equal to the bodily injury limits set forth immediately above;

(d) A Five Hundred Thousand Dollar ($500,000.00) Comprehensive General Liability insurance policy providing additional coverage to all underlying liabilities of City consistent with potential exposure of City under the Texas Tort Claims Act;

(e) Workers’ Compensation and Employers’ Liability- insurance is equivalent to State of Texas Workers’

Compensation Statutory Limits, providing limits of not less than $1,000,000 for each accident, each disease per file://IKONSERVER/NetworkFiles_Ikonserver/Purchase/Network%20Backup%20Files/SOLICITATIONS/RFB's/22-412%20HAP%20Phase%2021-I/Template%20RFB%20Terms%20and%20Conditions.docx file://IKONSERVER/NetworkFiles_Ikonserver/Purchase/Network%20Backup%20Files/SOLICITATIONS/RFB's/22-412%20HAP%20Phase%2021-I/Template%20RFB%20Terms%20and%20Conditions.docx

City of Mission Solicitation: Manhole Rehabilitation Project Throughout the City of Mission – Bid No. 26-585-08-20 Page 11 of 28 employee $1,000,000, and policy limit of no less than $1,000,000. There shall not be any policy exclusions or limitations.

(f) Certificates of Insurance. Before commencing execution of this contract, and within 7 calendar days from date of award of contract, the Contractor shall furnish Original proof of insurance via Certificates of Insurance satisfactory to the City of Mission at the following addresses, Edgar Chapa, Contracts Administrator 1201 E. 8th Street Mission, TX 78572 Bid # 26-585-08-20 evidencing that insurance as required by paragraph (a) above is in force, stating policy number dates of expiration and limits of liability thereunder. All copies of policies and Certificates of Insurance submitted to the City shall be in a form and content acceptable to the City.

(g) Approval of Forms and Companies. All coverage described in this contract shall be in a form and content satisfactory to the Procurement Agent. No party subject to the provisions of this contract shall violate or knowingly permit to be violated any of the provisions of the policies of insurance described herein. All insurance should be provided by insurance companies with a Best’s rating of A- or better. Please include proof of such rating with your coverage documents.

(h) Additional Insured Endorsement. The policy or policies providing Commercial General Liability, and as otherwise required above, shall be endorsed to name City of Mission, their directors, officers, representatives, agents, and employees as Additional Insurers with respects to operations performed by or on behalf of the Contractor in the performance of this contract via ISO endorsements CG 2037 or its equivalent. The policy shall also be endorsed to name other interests as directed by City of Mission.

(i) Notice of Cancellation or Material Changes. Policies and/or Certificates shall specifically provide that a thirty (30) day notice of cancellation, non-renewal, or material change be sent to the City.

(j) Multiple Policies. The limits of liability as required above may be provided by a single policy of insurance or a combination of primary, excess, or umbrella liability policies. But in no event shall the total limit of liability of any one occurrence or accident be less that the amount shown above.

(k) Deductibles. Companies issuing the insurance policies and the Contractor shall have no recourse against the City for payment of any premiums or assessments for any deductibles, as all such premiums and deductibles are the sole responsibility and risk of the Contractor.

(l) Subcontractors. If any part of the work is sublet, the Contractor shall require any and all subcontractors performing work under this contract to carry General Liability and Products, and Construction Liability Insurance, with limits of liability that Contractor shall deem appropriate and adequate to protect the interests of the City. In the event a subcontractor is unable to furnish insurance in accordance to section (a) above, the Contractor shall endorse the subcontractor as an Additional Insured. Insurance certificates for subcontractors shall be furnished to the City of Mission upon request.

(m) No Release. The carrying of the above-described coverage shall in no way be interpreted as relieving the

Contractor of any other responsibility or liability under this agreement, or any applicable law, statute, regulation, or order.

(n) Waiver of Subrogation: The Contractor shall provide a waiver of subrogation in favor of the City of Mission, Texas, including its elected officials, officers, employees, agents, volunteers, and representatives, for all insurance policies required under this Contract, to the extent permitted by applicable Texas law. The Contractor shall cause its insurers to waive all rights of recovery or subrogation against the City of Mission, Texas, its elected officials, officers, employees, agents, volunteers, and representatives for losses arising out of or related to the performance of the Contract that are covered by the Proposer's insurance.

City of Mission Solicitation: Manhole Rehabilitation Project Throughout the City of Mission – Bid No. 26-585-08-20 Page 12 of 28

(45) Warranty of Construction

(a) In addition to any other warranties in this contract, the Contractor warrants, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed, by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of one (1) year from the date of final acceptance of the work. If the

City takes possession of any part of the work before final acceptance, this warranty for such part of the work shall continue for a period of one (1) year from the date the City takes possession.

(c) The Contractor shall remedy at the Contractor's expense (i) any failure to conform to the contract requirements or (ii) any defect. In addition, the Contractor shall remedy at the Contractor's expense any damage to real or personal property owned or controlled by the City, when the damage is the result of: (1) the Contractor's failure to conform to contract requirements; or (2) any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The

Contractor's warranty with respect to work repaired or replaced will run for one (1) year from the date of repair or replacement.

(e) The Engineer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the City shall have the right to replace, remove, or otherwise remedy the failure, defect, or damage at the Contractor's expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall: (1) make arrangements with the material manufacturer to provide the required warranty before installation (2) obtain all warranties that would be given in normal commercial practice; and (3) require and enforce all warranties to be executed, in writing, for the benefit of the City.

(46) Project Management

(a) Contractor Representative

The Contractor shall appoint an individual acceptable to the City to serve as Project Manager for this contract.

This individual shall be fully responsible for the day-to-day activities under this contract and shall be physically present on the job site during work performance.