RFB 27-004 Keyes Building Passenger Elevator Upgrade.pdf

RFB 27-004 KEYES BUILDING PASSENGER ELEVATOR UPGRADE

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TOM GREEN COUNTY, TEXAS

REQUEST FOR BID

KEYES BUILDING PASSENGER ELEVATOR UPGRADE

RFB 27-004

Prepared By:

Tom Green County Auditor 113 West Beauregard

San Angelo, Texas 76903 Phone 325-659-6500 purchasing@co.tom-green.tx.us

Release Date: 10/20/2026

Due Date: 12/09/2026 mailto:purchasing@co.tom-green.tx.us

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RFB 27-004

TABLE OF CONTENTS

Page

INTRODUCTION

REQUEST FOR BID

1. BID SUBMISSION

2. LATE BID

3. ALTERING BID

4. WITHDRAWAL OF BID

5. BID OPENING

6. AWARD OF BIDS

7. FORMATION OF CONTRACT

8. INCORPORATION BY REFERENCE; ORDER OF PRECEDENCE

9. CONTRACT TERM

10. REFERENCES

11. INSURANCE

12. TERMINATION

13. SEVERABILITY

14. DUTY OF VENDOR

15. PERFORMANCE OF CONTRACT

16. CAVEAT

17. VARIATION IN QUANTITY

18. NON-EXCLUSIVE CONTRACT

19. REQUIREMENTS OF SPECIFICATIONS

20. SILENCE OF SPECIFICATIONS

21. CONFLICT OF INTEREST

22. CONFIDENTIALITY

23. ADDENDA

24. CHANGE ORDERS

25. ASSIGNMENT

26. VENUE

27. SUBMITTAL OF CONFIDENTIAL MATERIAL

28. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE OFFERORS

29. INDEMNIFICATION

30. WARRANTY

31. SALES TAX

32. DELIVERY

33. TITLE AND RISK OF LOSS

34. DESIGN, STANDARDS, AND PRACTICES

35. PATENTS/COPYRIGHTS

36. INVOICES AND POINT OF CONTACT

37. PAYMENT

38. FUNDING

39. DISCOUNTS

40. DEBARMENT

41. CONFLICTS BETWEEN REQUEST FOR BID AND BID

42. COMPLIANCE

43. DISCRIMINATION

44. CONFLICT OF INTEREST QUESTIONAIRE (CIQ)

45. HB 1295

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46. VENDOR RESTRICTIONS REGARDING BOYCOTTS OF ISRAEL

47. PREVAILING WAGE RATES

48. BID SECURITY

49. RETURN OF BID SECURITY

50. PERFORMANCE AND PAYMENT BOND

51. WAIVER OF BONDS

52. TEXAS STEEL RESOLUTION

BID FORM

ATTACHMENTS

CHECKLIST FOR REQUIRED INFORMATION

EXHIBITS

BID AFFIDAVIT

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INTRODUCTION

Bids are being accepted for RFB 27-004: KEYES BUILDING PASSENGER ELEVATOR UPGRADE. This RFB is provided by Tom Green County (the County) for the purpose of soliciting bids from prospective vendor(s) licensed by the State of Texas to upgrade components of the passenger elevator located in the Edd B.

and Frances Frink Keyes Building per the attached project manual and drawings.

Project location: 113 West Beauregard Avenue, San Angelo, Texas 76903

Project budget is $300,000. These are the only approved instructions for use on your bid. Items contained herein apply to and become a part of Terms and Conditions of the bid. Any exceptions thereto must be in writing.

The contractor shall furnish all labor, tools, equipment and materials in order to fulfill the obligations of this contract.

Tom Green County reserves the right to reject any bid which: fails to meet the mandatory requirements as stated; does not comply with the specification requirements of the RFB; or exceeds budgetary expectations.

SCHEDULE

Issue RFB October 20, 2026 Site Visit November 4, 2026 Written Inquiries must be received by November 12, 2026 Responses to inquiries / final addenda posted by November 19, 2026 Bids Due December 9, 2026

Please be sure to submit all required forms and documentation.

*SUBMISSION AFFIDAVIT MUST BE SIGNED, NOTARIZED, AND INCLUDED WITH PROPOSAL. FAILURE

TO INCLUDE WILL DISQUALIFY SUBMISSION.

Questions concerning this RFB should be directed in writing to Tom Green County Auditor’s Office, Attn: Darin Schell. Email to purchasing@co.tom-green.tx.us

*Any catalog, brand name or manufacturer’s reference used in a bid invitation is descriptive-NOT restrictive-it is used only to indicate type and quality desired. Bids on brand of like nature and quality will be considered. If the bid is based on other than the reference specifications, the proposal must show the manufacturer, brand or trade name, lot number, etc., of the article offered. If other than the brands(s) specified is offered, illustrations and complete descriptions should be made part of the bid. If the bidder takes no exception to specifications or reference data, he/she will be required to furnish brand names, numbers, etc. as specified.

mailto:purchasing@co.tom-green.tx.us

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REQUEST FOR BID

1. BID SUBMISSION

The bidder is expected to thoroughly examine the specifications and all instructions contained in this RFB.

PROVIDE ONE (1) ORIGINAL (SIGNED IN INK) AND One (1) COPY OF YOUR BID (ORIGINAL SIGNED

IN INK AND ALL SEALED IN A MARKED ENVELOPE) TO:

TOM GREEN COUNTY AUDITOR

113 WEST BEAUREGARD

SAN ANGELO, TEXAS 76903-5834

325-659-6500

Sealed BIDs shall be received no later than:

2:00 p.m. Wednesday, December 9, 2026

And will be publicly opened in the County Auditor’s Conference Room located on the second floor of the Judge Edd B. and Frances Frink Keyes Building at

113 W. Beauregard Ave., San Angelo, Texas

At 2:05 p.m.

MARK THE OUTSIDE OF EACH ENVELOPE:

“RFB #27-004 KEYES BUILDING PASSENGER ELEVATOR UPGRADE”

In the event that Tom Green County Offices are officially closed on a bid opening day, bids will be received until 2:00 p.m. on the next business day, at which time the bids will be publicly opened.

If offeror does not wish to submit an offer at this time but desires to remain on the list for this service, please submit a “NO OFFER” by the same time and at the same location as stated above.

If response is not received for three consecutive RFBs, offeror shall be removed from list. If however, you choose to “NO OFFER” this service and wish to remain on list for other services, please state the particular service under which you wish to be classified.

Tom Green County is always very conscious and extremely appreciative of the time and effort you must expend to submit an offer. We would appreciate your indicating on any “NO OFFER” response, the requirements of this RFB which may have influenced your decision to “NO OFFER”.

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2. LATE BIDS

BIDs received after submission deadline shall be returned unopened and will be considered void and unacceptable and they will be returned unopened to the bidder. Bidder should allow sufficient mailing time to ensure the timely receipt of their bid or bids may also be hand delivered prior to deadline. Tom Green County is not responsible for lateness of mail, carrier, etc., and time/date recorded by the County Auditor’s Office shall be the official time of receipt.

3. ALTERING BIDS

Any interlineations, alteration, or erasure made to the BID must be initialed by the signer of the BID prior to receiving time, guaranteeing authenticity.

4. WITHDRAWAL OF BID

A BID may not be withdrawn or cancelled by the offeror for a period of ninety (90) days following the date designated for the receipt of BID, without prior approval by the Commissioners Court based on a written acceptable reason. Offeror so agrees upon submittal of their BID.

5. BID OPENING

BIDs will be received and publicly opened and read aloud at the location, date, and time stated above. Offerors, their representatives and interested persons may be present.

NOTE: All BIDs shall be open for public inspection after public opening, except for trade secrets and confidential information contained in the BID so identified by offeror as such. Confidential information must be on a separate page and each page clearly marked as such.

6. AWARD OF BIDS

The County reserves the right to accept or reject all or any part of any bid, waive minor technicalities and award to the lowest responsible bidder, as determined to be in the best interest of Tom Green County. Tom Green County reserves the right to award by item or by total bid. Prices should be itemized. Receipt of any bid shall under no circumstances obligate Tom Green County to accept the lowest bid.

LOWEST AND BEST BID – All bids will be awarded to the lowest and best bidder. The determination of the lowest and best bid by the Commissioners Court may involve all or some of the following factors: price, conformity to specifications, financial responsibility to meet the contract, previous performance, facilities and equipment, availability of repair parts, response to service needs, experience, delivery promise, terms of payment, compatibility as required, other cost, and other objectives and accountable factors.

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7. SITE VISIT

Site visit will be held November 4, 2026, at 10:00 a.m. Interested contractors should convene in front of the elevator on the first floor.

8. FORMATION OF CONTRACT

A response to this solicitation constitutes an offer to contract with Tom Green County based upon the terms, conditions, scope of work, specifications, and all addenda contained in this request.

This solicitation shall become a binding contract upon award by the Tom Green County Commissioners Court and issuance of a Notice of Award or Purchase Order to the successful Offeror. A formal written contract may thereafter be executed; however, the absence of a formal written contract shall not affect the enforceability of the contract created by such award.

By submitting a response to this solicitation, the Offeror agrees that this request, including all addenda, and the successful Offeror's response are incorporated into and made a part of any resulting Notice of Award, Purchase Order, executed contract, or other agreement. The terms, conditions, specifications, and requirements of this solicitation shall remain binding throughout the term of the contract.

9. INCORPORATION BY REFERENCE; ORDER OF PRECEDENCE

In the event of any conflict or inconsistency between this solicitation and any other contract document, including the Offeror's response or any quotation, proposal, acknowledgment, invoice, purchase order acknowledgment, contract form, online terms and conditions, or other vendor-provided document, the terms and provisions of this solicitation, including all addenda, shall govern and prevail unless Tom Green County expressly agrees to a specific deviation in writing.

Any additional, inconsistent, or conflicting terms proposed by the Offeror or contained in any quotation, proposal, acknowledgment, invoice, contract form, website, click-through agreement, or other vendor document are expressly rejected and shall have no force or effect unless expressly accepted in writing by Tom Green County.

10. CONTRACT TERM

Contract will be from award in Commissioners Court until completion of project or as stated in a following contract, subject to continued availability of funding as otherwise described herein.

11. REFERENCES

Offeror shall supply with this bid a list of at least three (3) references where like services and/or products are provided in the public sector. Include name of entity, address, telephone number and name of representative. Note: See Exhibit A – Vendor Reference Form.

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12. INSURANCE

The contractor shall provide Worker’s Compensation coverage. The contractor shall provide Comprehensive General (Public) Liability Insurance of $1,000,000 (combined single limit for bodily injury and property damage) to include (but not limited to) premises/operation, independent contractors, personal injury, products/completed operations and contractual liability.

Comprehensive Automobile Liability insurance for owned/leased vehicles, non-owned vehicles or hired cars shall be provided in the minimum amount of $1,000,000 (combined single limit for bodily injury and property damage.) The contractor shall provide the County with certificates of insurance evidencing the required insurances within 10 calendar days of the Notice of Award.

The contractor further agrees that with respect to the above required insurances, the County shall be named as an additional insured as its interest may appear; be provided with a waiver of subrogation; and be provided with thirty (30) days advance notice in writing, of cancellation or material change.

13. TERMINATION

The obligation to provide further service under the terms of the resulting agreement may be terminated by the either party upon sixty (60) days written notice. Tom Green County reserves the right to terminate upon breach of contract as allowed by law.

14. SEVERABILITY

If any part of this bid is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.

15. DUTY OF VENDOR

In order for bids to be compared on an identical basis, it is necessary that all portions of the document, including requests for specific information about, services, reference forms and general information regarding the vendor be completed and adhered to.

16. PERFORMANCE OF CONTRACT

The contractor shall perform all work in a superior workmanlike manner and products shall be delivered in the condition requested, to the satisfaction of the Tom Green County Commissioners Court or designated representatives.

All items proposed shall be new, in first class condition, including containers suitable for shipment and storage, unless otherwise indicated in the bid. Verbal agreements to the contrary will not be recognized. All materials and services shall be subject to County’s approval. Unsatisfactory material will be returned at Seller’s expense.

Tom Green 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 the County in the event of breach or default of resulting contract award.

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17. CAVEAT

Although every effort has been made to provide accurate and up-to-date information, companies interested in supplying bids should contact the County Auditor with any questions you may have (see “Introduction”).

18. VARIATION IN QUANTITY

The County assumes no liability for commodities produced, processed or shipped in excess of the amount specified herein.

19. NON-EXCLUSIVE CONTRACT

It is expressly understood and agreed that in case Tom Green County should need any item(s) not available from the successful vendor during the term of this contract within the time frame requested, Tom Green County reserves the right to purchase these items from other than the successful vendor. This shall not be in violation of any terms or conditions of this contract. Further, Tom Green County reserves the right to purchase from or seek another vendor if, at any time, the vendor’s prices do not conform to public pricing.

20. REQUIREMENTS OF SPECIFICATIONS

Each offeror shall be held to have examined the requirements of the RFB under consideration and confirm he fully understands the RFB and the County’s needs and satisfies himself that he is cognizant of all factors relating to requirements contained in the RFB.

21. SILENCE OF SPECIFICATIONS

The apparent silence of the RFB 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 the RFB shall be made on the basis of this statement.

22. CONFLICT OF INTEREST

No public official shall have interest in a contract, which results from this RFB, in accordance with Vernon’s Texas Codes Annotated Local Government Code Title 5, Subtitled C, Chapter 171.

23. CONFIDENTIALITY

All information disclosed by Tom Green County to successful offeror for the purpose of the work to be done or information that comes to the attention of the successful offeror during the course of performing such work is to be kept strictly confidential.

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24. ADDENDA

Only questions regarding clarification of instructions may be handled verbally. Any interpretations, corrections or changes to this RFB will be made by addenda. Sole issuing authority of addenda shall be vested in the Tom Green County Auditor. Any addendum will be posted on the County’s Bid Opportunities web page. Notifications are sent via email from Vendor Registry to those companies registered as vendors with Tom Green County for the listed commodities. Bidders are responsible for ensuring that a correct email address is listed in the County’s vendor database at https://vrapp.vendorregistry.com/Vendor/Register/Index/tom-green-county-purchasing-dept-tx-vendor-registration. It is the responsibility of the Bidder to ensure that all addenda are received and included with their submission. Failure to submit all signed addenda may result in bid being considered non-responsive.

25. CHANGE ORDERS

No oral statement 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.

26. ASSIGNMENT

The successful offeror shall not sell, assign, transfer or convey any contract resulting from this RFB, in whole or in part, without the prior written consent of the Tom Green County Commissioners Court.

27. VENUE

This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Tom Green County, Texas.

28. SUBMITTAL OF CONFIDENTIAL MATERIAL

Any BID material that is to be considered as confidential in nature must be clearly marked as such by the proposer and will be treated as confidential by Tom Green County.

29. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE OFFERORS

A prospective offeror must affirmatively demonstrate their responsibility and ability to meet the following requirements:

1. Has adequate financial resources, or the ability to obtain such resources as required;

2. Have a satisfactory record of performance;

3. Have a satisfactory record of integrity and ethics;

4. Be otherwise qualified and eligible to receive an award.

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Tom Green County may request representation and other information sufficient to determine the offeror’s ability to meet these minimum standards listed above.

30. INDEMNIFICATION

By entering into this contract, the successful bidder agrees to defend, indemnify and hold harmless Tom Green County and all its officers, agents, and employees from all suits, causes of actions, or other claims of any character, name and description brought for or on account of any injuries of damages received or sustained by any person, persons, or property on account of any breach, negligent act or fault of the successful offeror, or of any agent, employee, subcontractor, invitee or supplier in the execution of, or performance under, any contract which may result from BID award. Successful offeror shall pay judgments with costs, including attorney fees, expenses and costs of court, which may be obtained, against Tom Green County growing out of such injury or damages.

31. WARRANTY

The Vendor shall not limit or exclude any express, written, or implied warranties and any attempt to do so shall render this contract voidable at the option of Tom Green County. The bidder warrants that the goods furnished will conform to the specifications, drawings and descriptions listed in the bid invitation, and to the sample(s) furnished by the bidder, if any. In the event of a conflict between the specifications, drawings, and descriptions, the specifications shall govern.

SAFETY WARRANTY: The vendor warrants that the product sold to the County shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event the product does not conform to OSHA standards, the County may return the product for correction or replacement at the vendor’s expense. In the event the vendor fails to make the appropriate correction within a reasonable time, the correction made by the County will be at the vendor’s expense.

32. SALES TAX

Tom Green County is by statute exempt from the State Sales Tax and Federal Excise Tax; therefore, the BID price shall not include such taxes.

33. DELIVERY

Bid cost shall be F.O.B. Destination. If otherwise, show the exact cost to deliver by unit price, extend and show total. Actual costs will be based on quantities delivered.

If a delay is foreseen, the contractor shall give written notice to the County Auditor. The County has the right to extend the delivery date if the reason(s) appear valid. The Contractor must keep the County advised at all times on the order status. Default in promised delivery (without accepted reasons) or failure to meet specifications, authorizes the County to purchase supplies elsewhere and charge full increase in cost and handling to the defaulting contractor.

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34. TITLE AND RISK OF LOSS

The title and risk of loss of goods shall not pass to the County until the County actually receives and takes possession of the goods at the point or points of delivery.

35. DESIGN, STANDARDS AND PRACTICES

Design, strength, quality of materials and workmanship must conform to the highest standards of engineering practices and/or professional services.

36. PATENTS/COPYRIGHTS

The successful offeror agrees to protect Tom Green County from claims involving infringements of patents and/or copyrights.

37. INVOICES AND POINT OF CONTACT AFTER RFB IS AWARDED

Invoices shall be mailed directly to:

Dianna Spieker Tom Green County Treasurer 113 W. Beauregard San Angelo, Texas 76903 The invoices shall show:

1. Name and address of successful offeror;

2. Detailed breakdown of all charges for the services or products delivered stating any applicable period of time. Refer to project manual for pay application instructions.

RETAINAGE WILL BE FIVE (5%) PERCENT.

38. PAYMENT

Payment will be made upon receipt and acceptance by the County of all completed services and/or products ordered and receipt of a valid invoice, in accordance with the Texas Government Code, Chapter 2251. Successful offeror is required to pay subcontractors within ten (10) days.

39. FUNDING

Funds for payment have been provided through the Tom Green County budget approved by the Commissioners Court for this fiscal year only. State of Texas statutes prohibit the obligations and expenditure of public funds beyond the fiscal year for which a budget has been approved.

Therefore, anticipated orders or other obligations that may arise past the end of the current Tom Green County fiscal year shall be subject to budget approval.

In the event funds do not become available, the contract may be terminated or the scope amended. There shall be neither penalty nor any additional charges incurred by the County. The

Pg 13 of 43 bidder, in accepting the contract, agrees that the County shall not be liable for damages in the event that the contract is terminated due to a lack of funding.

40. DISCOUNTS

Discounts for prompt payment offered may be taken into consideration during the bid evaluation.

Terms of payment offered will be reflected in the space provided on the bid form. All terms of payment (cash discount) will be taken and computed from the date of delivery of acceptable material or services, or the date of receipt of invoice, whichever is later.

41. DEBARMENT

Bidder certifies that at the time of submission of its bid, Bidder was not on the federal government’s list of suspended, ineligible or debarred contractors and that Bidder has not been placed on this list between the time of its bid submission and the time of execution of the Contract.

If Bidder is placed on this list during the term of the Contract, Bidder shall notify the Tom Green County Auditor. False certification or failure to notify may result in termination of the Contract for default.

In accordance with Texas Local Government Code Chapter 154.045, if a seller is found to be indebted to Tom Green County by manner of delinquent taxes, fines, fees, or indebtedness arising from other written agreements, then Tom Green County may offset payments under a contract to satisfy the outstanding debt and no payments will be made until the debt is paid in full.

42. CONFLICTS BETWEEN REQUEST FOR BID AND BID

Should a conflict arise between the terms and provisions of this RFB and the BID of the vendor, the terms and provisions of this RFB will prevail.

43. COMPLIANCE

All bidders will comply with all Federal, State and local laws relative to conducting business in Tom Green County including, but not limited to licensing, labor and health laws. The laws of the State of Texas will govern as to the interpretation, validity and effect of this bid, its award, and any contract entered into.

44. DISCRIMINATION

During the performance of this contract, the successful bidder agrees as follows:

a. The successful bidder will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The successful bidder will take affirmative action to ensure that applicants are employed, and the employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer;

Pg 14 of 43 recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

b. The successful bidder will, in all solicitations or advertisements for employees placed by or on behalf of the successful bidder, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin.

c. The successful bidder will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the successful bidder's commitments under this section.

45. CONFLICT OF INTEREST QUESTIONNAIRE (CIQ):

Chapter 176 of the Texas Local Government Code requires that any proposer or person considering doing business with a local government entity disclose in the Conflict of Interest Questionnaire the proposer’s or person’s affiliation or business relationship that might cause a conflict of interest with a local government entity. If applicable, this questionnaire, by law, must be filed with the records administrator of Tom Green County within seven (7) days of notice of potential award or within seven (7) days after submitting a bid response. Additionally, a new form must be filed no later than the seventh (7th) business day after the person becomes aware of the facts that require the statement to be filed. The form can be found online at https://www.ethics.state.tx.us/filinginfo/conflict_forms.htm. By submitting a response to this proposal, the offeror represents that it is in compliance with the requirements of Chapter 176 of the Texas Local Government Code. If required, send completed forms to the Tom Green County Clerk’s Office located at 124 West Beauregard Avenue, San Angelo, Texas 76903.

46. HB 1295

Bidder must complete a form 1295 filing, disclosure of interested parties, on the Texas Ethics Commission website. https://www.ethics.state.tx.us/tec/1295-Info.htm This filing shall be completed with the RFB, and prior to the issuance of any notice to proceed. For form item# 3 use

“RFB # 27-004”.

47. VENDOR RESTRICTIONS REGARDING BOYCOTTS OF ISRAEL

Government Code 2271 prohibits governmental entities (which include cities, counties, public school, special purpose districts, etc.) from contracting with companies who boycott Israel and from investing in companies that boycott Israel. This requires contracts to have written verification from the company that it does not boycott Israel and will not boycott Israel during the term of the contract.

48. BID SECURITY

If the bid exceeds $100,000, the bid must be accompanied by a Bid Bond, Certified and/or Cashier's Check (on a solvent bank in the State of Texas), drawn to the order of the OWNER in the

Pg 15 of 43 sum of not less than five per cent (5%) of the total amount of the bid. The bid bond must be executed by a surety meeting the requirements set forth in stated conditions.

The bid security shall be made payable without condition to Tom Green County, Texas, hereinafter referred to as OWNER. The bid security may be retained by and shall be forfeited to the OWNER as liquidated damages if the bid is accepted and a contract based thereon is awarded and the Offeror should fail to fulfill contract in the form prescribed, with legally responsible sureties, within thirty (30) days after such award is made by OWNER.

49. RETURN OF BID SECURITY

The bid security of the successful offeror will be retained until he has furnished the required Contract Security and insurance, whereupon checks furnished as bid security will be returned. If he fails to furnish the required Contract Security and insurance within thirty (30) days of the Notice of Award, OWNER may annul the Notice of Award and the bid security of the Offeror will be forfeited.

OWNER may retain the bid security of any Offeror whom OWNER believes to have a reasonable chance of receiving the award until the day after the required documents are delivered by CONTRACTOR to OWNER but not to exceed 45 days after the bid opening. Checks furnished, as bid security by other Offeror, will be returned within thirty days of the bid opening.

50. PERFORMANCE AND PAYMENT BONDS

1. Vendor shall comply with bond thresholds stated below:

a) Performance Bond: If the bid exceeds $100,000, and having satisfied all Conditions of award as set forth elsewhere in these documents, the successful bidder shall, within 30 days of award notice and prior to commencement of work, furnish a performance bond(s) in a penal sum of at least the full amount of the contract as awarded, in the form included in the specifications, which secures the faithful performance of the contract.

b) Payment Bond: If the bid exceeds $25,000, and having satisfied all Conditions of award as set forth elsewhere in these documents, the successful bidder shall, within 30 days of award notice and prior to commencement of work, furnish a payment bond (s) in a penal sum of at least the full amount of the contract as awarded which secures the payment of all persons, firms or corporations to whom the CONTRACTOR may become legally indebted for labor, materials, tools, equipment, or service, of any nature, employed or used by him in performing the work.

2. On each such bond the rate of premium shall be stated, together with the total amount of the premium charged. Bond(s) shall bear the date as a date subsequent to, the date of the contract, and not later than the 30th day after a contract is executed. The current power of attorney for the person who signs for any surety company shall be attached to such bond.

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3. The failure of the Successful Offeror to supply the required bonds within thirty (30) days after the prescribed forms are presented for signature, or within such extended period as the COUNTY may grant based upon reasons determined adequately by the County, shall constitute a default, and the county may either award the contract to the next reasonable Offeror or re-advertise for bids, and may charge against the Offeror the difference between the amount of the bid and the amount for which a contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid guarantee.

51. WAIVER OF BONDS

The requirement for Performance bonds may be waived under the following conditions:

a) The total contract sum is one hundred thousand dollars ($100,000.00) or less.

b) The general contractor agrees to one lump sum payment at completion of the project in lieu of standard monthly progress payments. Both of the above requirements must be met for waiver of Performance Bonds to occur.

52. TEXAS STEEL RESOLUTION

On February 21, 2017 Tom Green County Commissioner’s Court passed the Tom Green County Texas Steel Resolution stating that “The Tom Green County Commissioners Court believes domestic iron and steel should be given preference in all local projects over foreign imports to support a strong, sustainable Texas Iron and Steel Industry and to ensure the use of high quality products in our public works projects”.

53. PREVAILING WAGE RATES

The Davis-Bacon and related acts apply to contractors and subcontractors performing the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction.

Sec. 2258.021. RIGHT TO BE PAID PREVAILING WAGE RATES. (a) A worker employed on a public work by or on behalf of the state or a political subdivision of the state shall be paid:

(1) not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed; and

(2) not less than the general prevailing rate of per diem wages for legal holiday and overtime work.

If a contract is subject to Executive Order 13658, the contractor must pay all covered workers at least $13.65 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract from May 11, 2026, through December 31, Pg 17 of 43

2026. Overtime pay at a rate not less than one and one-half times the regular rate of pay is required after 40 hours of work in a work week.

Penalty: If the selected respondent or any subcontractor fails to comply with the prevailing wage law, it shall forfeit to the County sixty dollars ($60.00) per calendar day or part of the day for each laborer, workman, or mechanic who is paid less than the specified rate, pursuant to §2258.023 of the Texas Government Code.

Wage Determination TX20260282 BUILDING will be used for this project.

Refer to Attachment 1.

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PLANS AND SPECIFICATIONS

The following documents are incorporated herein by reference.

Please ensure you download the complete bid packet.

KFW ARCHITECTS: TGC Keyes Elevator Upgrade Bid Specifications Manual

KFW ARCHITECTS: TGC Keyes Elevator Upgrade Bid Drawings

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ATTACHMENT 1

PREVAILING WAGE INFORMATION

"General Decision Number: TX20260282 05/18/2026

State: Texas

Construction Types: Building

Counties: Texas Counties of Irion and Tom Green

Modification Number Publication Date 0 01/02/2026 1 05/18/2026

BOIL0074-003 01/01/2025

Rates Fringes

BOILERMAKER.......................$ 33.17 24.92

ENGI0178-005 06/01/2020

Rates Fringes

POWER EQUIPMENT OPERATOR ((3) HYDRAULIC CRANES 59

TONS AND UNDER)...................$ 32.35 13.10

POWER EQUIPMENT OPERATOR ((1) TOWER CRANE)

$ 32.85 13.10

IRON0084-011 06/01/2024

Rates Fringes

IRONWORKER: ORNAMENTAL............$ 28.26 8.13

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PLUM0404-001 09/01/2022

Rates Fringes

PLUMBER...........................$ 28.64 10.65

SUTX2014-062 07/21/2014

Rates Fringes

TRUCK DRIVER: WATER TRUCK........ $ 12.00 4.11

TRUCK DRIVER: SEMI-TRAILER TRUCK. $ 12.50 0.00

TRUCK DRIVER: FLATBED TRUCK...... $ 19.65 8.57

TRUCK DRIVER: DUMP TRUCK......... $ 12.39 1.18

TILE SETTER....................... $ 14.74 0.00

TILE FINISHER..................... $ 11.22 0.00

SHEET METAL WORKER, EXCLUDES HVAC DUCT INSTALLATION.

$ 15.00 0.00

SHEET METAL WORKER (HVAC DUCT INSTALLATION ONLY)

.... $ 22.73 7.52

ROOFER............................ $ 13.17 0.26

PIPEFITTER........................ $ 25.80 8.55

PAINTER: BRUSH, ROLLER, AND SPRAY. $ 15.00 0.73

OPERATOR: ROLLER................. $ 12.70 0.00

OPERATOR: PAVER (ASPHALT, AGGREGATE, AND

CONCRETE)......................... $ 16.03 0.00

OPERATOR: MECHANIC............... $ 17.52 3.33

OPERATOR: LOADER................. $ 13.55 0.94

OPERATOR: GRADER/BLADE........... $ 13.37 0.00

OPERATOR: FORKLIFT............... $ 14.83 0.00

OPERATOR: DRILL.................. $ 16.22 0.34

OPERATOR: BULLDOZER.............. $ 18.29 1.31

OPERATOR: BOBCAT/SKID STEER/SKID LOADER

$ 13.93 0.00

OPERATOR: BACKHOE/EXCAVATOR/TRACKHOE

$ 14.25 0.00

LABORER: ROOF TEAROFF.............$ 11.28 0.00

LABORER: PIPELAYER................$ 12.49 2.13

LABORER: MASON TENDER - CEMENT/CONCRETE............$ 10.58

0.00

LABORER: MASON TENDER - BRICK.....$ 11.38 0.00

LABORER: COMMON OR GENERAL.........$ 9.74 0.00

IRONWORKER, STRUCTURAL.............$ 22.16 5.26

IRONWORKER, REINFORCING............$ 12.27 0.00

INSULATOR - MECHANICAL (DUCT, PIPE & MECHANICAL

SYSTEM INSULATION).................$ 19.77 7.13

ELECTRICIAN........................$ 23.18 6.31

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DRYWALL HANGER AND METAL STUD INSTALLER

$ 16.72 0.00

CEMENT MASON/CONCRETE FINISHER.....$ 13.76 0.00

CARPENTER, EXCLUDES DRYWALL HANGING, AND METAL STUD

INSTALLATION.......................$ 13.82 0.00

BRICKLAYER.........................$ 20.00 0.00

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts.

Note: Executive Order 13658 generally applies to contracts subject to the Davis-Bacon Act that were awarded on or between January 1, 2015 and January 29, 2022, and that have not been renewed or extended on or after January 30, 2022. Executive Order 13658 does not apply to contracts subject only to the Davis-Bacon Related Acts regardless of when they were awarded. If a contract is subject to Executive Order 13658, the contractor must pay all covered workers

Pg 22 of 43 at least $13.65 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract from May 11, 2026, through December 31, 2026. The applicable Executive Order minimum wage rate will be adjusted annually.

Additional information on contractor requirements and worker protections under Executive Order 13658 is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)).

The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate.

Union Rate Identifiers

A four-letter identifier beginning with characters other than �SU�, �UAVG�, �SA�, or �SC� denotes that a union rate was prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers.

0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate.

Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates in the collective bargaining agreement (CBA) governing the classification.

Pg 23 of 43

Union Average Rate Identifiers

The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE:

UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio.

The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate.

A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based.

Survey Rate Identifiers

The �SU� identifier indicates that either a single non-union rate prevailed (as defined in 29 CFR 1.2) for this classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As a weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SUFL2022-007 6/27/2024. SU indicates the rate is a single non-union prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier.

�SU� wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1.6(c)(1).

State Adopted Rate Identifiers

The �SA� identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME

Pg 24 of 43 refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination.

The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the �SA� identifier took effect under state law in the state from which the rates were adopted.

WAGE DETERMINATION APPEALS PROCESS

1) Has there been an initial decision in the matter? This can be:

a) a survey underlying a wage determination

b) an existing published wage determination

c) an initial WHD letter setting forth a position on a wage determination matter

d) an initial conformance (additional classification and rate) determination On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys. Requests can be submitted via email to davisbaconinfo@dol.gov or by mail to:

Branch of Wage Surveys Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210 Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage Determinations.

Requests can be submitted via email to BCWD-Office@dol.gov or by mail to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).

Requests for review and reconsideration can be submitted via email to dba.reconsideration@dol.gov or by mail to:

Wage and Hour Administrator

Pg 25 of 43

U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210.

END OF GENERAL DECISION

Pg 26 of 43

Checklist for Certifications and Documentation:

____Bid Bond

____References

____Vendor Compliance Form Certifications

____Conflict of Interest Form (Filed if applicable)

____Texas Ethics Commission Form 1295

____Submission Affidavit

*SUBMISSION AFFIDAVIT MUST BE SIGNED, NOTORIZED, AND INCLUDED WITH BID. FAILURE TO

INCLUDE WILL DISQUALIFY SUBMISSION.

Pg 27 of 43

EXHIBIT A

VENDOR REFERENCES

Please list at least three (3) companies or governmental agencies where the same or similar products and/or services as contained in this specification package were recently provided.

THIS FORM MUST BE RETURNED WITH YOUR BID.

Reference One

Government/Company Name:

Address:

Contact Person and Title:

Phone: Email:

Contract Period: Scope of Work:

Reference Two

Reference Three

Pg 28 of 43

EXHIBIT B

VENDOR COMPLIANCE FORM CERTIFICATIONS

(Page 1 of 12)

INSURANCE

I, , as a duly authorized representative of ______ , (full name) (name of firm) certify that evidence of required general liability, worker’s compensation, and professional liability insurance for personnel assigned to the project and automobile insurance for any vehicles used for the project in the amounts in this RFB shall be provided to the issuer of this RFB within 10 calendar days of any Notice of Award.

Insurance Requirements:

Workers’ Compensation – Statutory Amount Employer’s Liability - $500,000.00

I furthermore certify that the company will provide workers’ compensation insurance coverage for all “persons providing services on the project”, including all entities 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 a self-insured, with the commissioners’ Division of Self-Insurance Regulation. Providing false or misleading information may subject the company to administrative penalties, criminal penalties, civil penalties or other civil actions. I hereby acknowledge that “persons providing services on the project” includes all persons or entities performing all or part of the services the company has undertaken to perform on the project, regardless of whether that person contracted directly with the company and regardless of whether that person has employees. This includes, without limitation, independent companies, contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity that furnishes persons to provide services on the project. “Services” include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor transportation, or other service related to the project. “Services” do not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.

I furthermore acknowledge that failure to comply with any of these provisions is a breach of contract by the company which entitles Tom Green County to declare the contract void if the company does not remedy the breach within ten days after receipt of notice of breach from Tom Green County.

Commercial General Liability

Personal injury and property damage:

$1,000,000.00 combined single limit each occurrence and $1,000,000.00 aggregate

Business Automobile Liability for all vehicles

Bodily Injury and property damage:

$1,000,000.00 combined single limit any one accident

By signature on the Compliance Forms Signature Page, to the extent applicable, I certify the information provided here is true and correct.

□ YES, I agree. □ NO, I do not agree.

Initial: _____

Pg 29 of 43

CIVIL RIGHTS COMPLIANCE

1. Nondiscrimination

The Project Delivery Firm, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Project Delivery Firm shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 and Part 710.405(b) of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations.

2. Solicitations for Subcontracts Including Procurement of Materials and Equipment

In all solicitations either by competitive bidding or negotiation made by the Project Delivery Firm for work to be performed under a subcontract including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Project Delivery Firm of its obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin.

By signature on the Compliance Forms Signature Page, to the extent applicable, I certify the information provided here is

HISTORICALLY UNDERUTILIZED BUSINESS CERTIFICATION

A Proposer that has been certified as a Historically Underutilized Business (also known as a Minority/Women Business Enterprise or “MWBE” and all referred to in this form as a “HUB”) is encouraged to indicate its HUB certification status when responding to this Proposal Invitation.

Please check (√) all that apply:

□I certify that my company has been certified as a HUB in the following categories:

□Minority Owned Business □Women Owned Business

□Service-Disabled Veteran Owned Business (veteran defined by 38 U.S.C. §101(2), who has a service-connected disability as defined by 38 U.S.C. § 101(16), and who has a disability rating of 20% or more as determined by the U. S. Department of Veterans Affairs or Department of Defense)

Certification Number: ____________________________________________________

Name of…