RFQ-RFP 26-100006- Lois Nelson Public Library-Design-Build Renovation Refresh FINAL.pdf

Request for Qualification and Proposal NO.: 26-100006

LOIS NELSON LIBRARY DESIGN-BUILD FACILITY RENOVATION

Date Issued: August 20, 2026

RESPONSES MUST BE RECEIVED NO LATER THAN

5:00 PM CENTRAL TIME, September 17, 2026

Responses shall be submitted online only using an online portal:

https://www.bidnetdirect.com/texas/princetontx

Interested Respondents shall register to use the online portal BidNet Direct by SOVRA.

Registration is free. Contact SOVRA’s Support Team at 800-835-4603, option 2 for assistance or by email at support@bidnet.com

Pre-Submittal Conference: August 27, 2026 at 323 McKinney Ave, Princeton, TX 75407 at 10:00 am – 11:00 am. Attendance is preferred but not mandatory. Questions received shall be posted on https://www.bidnetdirect.com/texas/princetontx.

Questions can be submitted using the online portal BidNet Direct no later than 5:00 pm CT, on September 1, 2026. Answers shall be provided in writing and posted on BidNet Direct.

Information about this solicitation can be addressed to the following Staff Person:

Maggie Metzner Purchasing Officer Office Phone 972-217-4162

10% PROPOSAL BOND REQUIRED

100% PAYMENT BOND REQUIRED

100% PERFORMANCE BOND REQUIRED

1.0 TABLE OF CONTENTS

1.0 TABLE OF CONTENTS

2.0 INSTRUCTIONS FOR RESPONDENTS

3.0 SCOPE OF WORK

3.1 BACKGROUND

3.2 DESIGN

3.3 INTERIOR IMPROVEMENTS

3.4 EXTERIOR IMPROVEMENTS

3.5 EXCLUSIONS

3.6 SUBMISSION COMPONENTS TO BE INCLUDED

3.7 AWARD METHOD & CRITERIA

4.0 TERMS AND CONDITIONS

4.1 TWO (2) YEARS WARRANTY AGAINST DEFECTIVE WORK

4.2 ACCEPTANCE OF DEFECTIVE WORK

4.3 WORK NEGLECTED BY CONTRACTOR

4.4 CONTRACTOR LOSS OR DAMAGE

4.5 CITY’S RESPONSIBILITIES TO CONTRACTOR

4.6 INTELLECTUAL PROPERTY OWNERSHIP

4.7 RIGHT OF REFUSAL

4.8 INCURRED PROPOSAL COST

4.9 NON-BINDING AGREEMENT

4.10 NON-RESPONSIVE PROPOSALS

4.11 INSURANCE

4.12 BOND REQUIREMENTS

4.13 LIQUIDATED DAMAGES

4.14 BOND CLAIMS AND SURETY PROCEDURES

4.15 BOND FORM REQUIREMENTS

4.16 RESPONDENT CERTIFIES PROPOSAL SUBMITTED IN GOOD FAITH

4.17 CONTRACTS WITH COMPANIES THAT BOYCOTT ENERGY COMPANIES

4.18 CONTRACTS WITH COMPANIES DISCRIMINATING THE FIREARM INDUSTRY

4.19 CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL

4.20 ANTI-LOBBYING AND PROCUREMENT

4.21 SAFEGUARDING OF INFORMATION AND DATA

4.22 SUBCONTRACTORS, SUPPLIERS AND OTHERS

4.23 SALES TAX

4.24 LAWS AND REGULATIONS

4.25 GENERAL CONTRACTOR REGISTRATION

4.26 PREVAILING WAGE RATES

4.27 EMPLOYMENT REQUIREMENTS AND WAGE RATES

4.28 DISCLOSURE OF PROPRIETARY INFORMATION

5.0 SUPPLIMENTAL TERMS AND CONDITIONS

5.1 DELIVERY OF GOODS/SERVICES

5.2 INVOICING AND PAYMENT

5.3 INFORMATION REQUIRED ON INVOICE

5.4 PAYMENT BY CITY

5.5 AMENDMENTS

5.6 PRICE CHANGES

5.7 TERMINATION

5.8 INDEMNIFICATION

5.9 ASSIGNMENT

5.10 OWNERSHIP OF DOCUMENTS

5.11 RECORDS RETENTION

5.12 NON-WAIVER OF PERFORMANCE

5.13 NON-DISCRIMINATION

5.14 ATTORNEY’S FEES

SIGNATURE PAGE

EXHIBIT A – EXISTING FLOOR PLAN

EXHIBIT B – EXISTING FURNITURE PLAN

EXHIBIT C – BONDS

BID BOND

PERFORMANCE BOND

PAYMENT BOND

ATTACHMENT D - CONFLICT OF INTEREST QUESTIONNAIRE

ATTACHMENT E - LITIGATION DISCLOSURE STATEMENT

ATTACHMENT F – CERTIFICATE OF INTERESTED PARTIES (1295) FORM

ATTACHMENT G – VIRTUAL ENVELOPE 2: FEE SCHEDULE

2.0 INSTRUCTIONS FOR RESPONDENTS

Submissions of Statements Proposals shall be submitted online following the instructions on the Cover Page. NO RESPONSES SHALL BE ACCEPTED BY EMAIL, MAIL, OR IN-PERSON. Respondent shall submit its response online on or before the due date stated on the Cover Page. All times stated herein are Central Time. Any documents submitted after the posted deadline shall be rejected. Any modification sent after the posted deadline stated on the Cover Page shall be rejected.

Modified Submissions Respondents can modify a submission that has been received prior to the due date stated on the Cover Page through the online portal. Respondents may not make changes after the bids have been submitted.

Pre-Submittal Conference Attendance to the Pre-Submittal Conference is not mandatory. Respondents may provide questions in writing through the portal.

Preparation for Submissions Any ambiguity in the submission as a result of omission, error, unintelligible or illegible wording shall be construed in the favor of the City.

Correct Legal Name This submission may be rejected, if Respondent is found to have incorrectly or incompletely stated the name of the entity providing this submission. Respondent shall list both its correct legal name and its doing business as name.

Withdrawal of Submission Respondents may withdraw from consideration prior to the due date. Respondents may also choose not to move forward with a contract award when notified.

Prohibited Financial Interest Respondent warrants and certifies its submission does not include a City Officer or employee, his or her spouse, sibling, parent, child, or other family member within one degree of consanguinity or affinity that has more than 10% financial interest in a subsequently awarded contract. The Texas Ethics Commission Questionnaire (Form CIQ) shall be completed in the event of an award:

https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf.

RESTRICTIONS ON COMMUNICATION

Respondents are prohibited from communicating with City employees from the time the SOLICITATION has been released until a contract is awarded. These restrictions extend to “thank you” letters, phone calls, emails and any contact that results in the direct or indirect discussion of the SOLICITATION and/or offer submitted by Offeror. Violation of this provision by Offeror and/or its agent may lead to disqualification of the offer from consideration. Exceptions to the restrictions on communication with City employees include:

Offerors may submit written questions, or objections to specifications concerning this solicitation through BidNet Direct on or before the date listed on page 1. Questions received after the stated deadline will not be answered.

Offerors may provide responses to questions asked of them by the Staff Contact Person after responses are received. The Staff Contact Person may request clarification to assist in evaluating the Offeror’s response. The information provided is not intended to change the offer response in any fashion. Such additional information must be provided within two business days from City’s request, when requested in writing. Selected Respondents may attend telephone or in-person interviews at the request of the City, in an attempt to determine the best qualified Offeror.

3.0 SCOPE OF WORK

The City of Princeton, Texas, is seeking qualified Design-Build teams to provide comprehensive design and construction services for the renovation, modernization, and refresh of the Lois Nelson Public Library. The City is committed to enhancing this important community asset by creating a welcoming, functional, and innovative environment that supports lifelong learning, technology access, collaboration, and community engagement.

This public work to perform design services to expand the existing Lois Nelson Public Library Expansion, hereinafter the ’Project”, will be a two-step process. The most qualified respondent shall be selected first using a specific set of criteria outlined herein, then the highest scored respondent’s digital envelope listing its submitted price shall be opened.

The evaluation committee may choose to interview up to five, one, or no respondents. Evaluators shall only make their evaluation based on the information submitted in response to this solicitation.

3.1 BACKGROUND

The existing Lois Nelson Public Library was expanded in 2012 to what it is today, while in fair condition needs a basic facility renovation. The project is considered a facility refresh to enhance the aesthetics and possibly replace some basic items. The total project cost to the design builder is not to exceed $850,000.00 with $150,000.00 for Owner Allowances with a total project cost including all FF&E to included $1,000,000.00. The target budget includes all hard costs, soft costs and FF&E. Proposals exceeding $1,000,000.00 shall not be considered. This is the maximum amount available for project expense. No change orders would be allowed to bring this project higher than $1,000,000.00.

3.2 DESIGN

Design shall include basic architectural and interior design services required for permit documentation and permit-set preparation. See Drawing 1: Anticipated Interior Work on page 8 for estimated interior work and inspiration images for design on page.9. The City is seeking a design-build team that can approach this project in a highly unique way, simplistic, minimalist, high-impact, low-cost and even in a potentially unconventional way all while maximizing and preserving the building legacy and local character to create an expanded location. The intent is for the interior of the existing Library to potentially remain “as is” if necessary for budget but some minor rework to select spaces.

3.3 INTERIOR IMPROVEMENTS

3.3.1. General Interior Renovations are identified as follows:

• Install new flooring, lighting, paint, walls, and ceilings throughout the facility.

• Install new dimmable LED recessed can lights throughout, excluding the office, storage room, and breakroom.

• Demolish existing ceilings and headers throughout, except in designated areas to remain.

• Raise ceilings approximately 2 feet and attach new ceiling assemblies to the underside of existing wood ceiling joists.

• Install new 5/8-inch gypsum board ceilings throughout.

• Provide up to ten (10) 24" x 24" access panels as required.

• Apply smooth-finish texture to all new gypsum board surfaces.

• Raise all supply and return ductwork approximately 2 feet to the underside of joists.

3.3.2. Entry & Reception Area renovations are as follows:

• Create two new cased openings between the main entrance and new check-in desk area.

• Convert existing computer lab into a new check-in/reception area.

• Provide custom millwork with solid-surface countertops and drawer storage.

• Create an adjacent cased opening to improve visibility into the children's area.

• Demolish existing entry header, check-in desk, associated millwork, and related electrical components.

3.3.3. Children's Area & Storage renovation are as follows:

• Enclose existing children's play area with a new door to create additional storage space.

• Install a concealed bookshelf door providing access to new rear storage area.

• Demolish and relocate existing storage room wall approximately 8 feet east.

3.3.4. Flooring & Finishes renovation are as follows

• Demolish and replace ceramic tile flooring at entry vestibule.

• Install new flooring throughout, consisting of LVT plank, carpet tile/plank, or approved equivalent.

• Install moisture/water vapor barrier at all slab-on-grade flooring areas.

• Skim coat and paint all exposed CMU (concrete masonry unit) walls.

• Repaint restroom walls throughout.

3.3.5. Walls, Millwork & Shelving renovations are as follows:

• Install furring channels and gypsum board over CMU walls at computer alcoves to accommodate wiring.

• Provide wall-to-wall shelving with rolling ladder system.

• Install continuous ladder rail system for future use.

• Construct wood shelving from finished floor to underside of clerestory areas along exterior windows, with open back design and integrated book lip.

3.3.6. Electrical & Technology renovations are as follows

• Install quad electrical receptacles and data boxes at eight (8) workstations, including required backboxes.

• Install dedicated electrical service and quad receptacles for data rack.

• Clean up and organize existing electrical panel systems.

3.3.7. Mechanical & Life Safety renovations are as follows:

• Provide six (6) 6-foot diameter Big Ass Fans or approved equivalent.

• Upgrade fire alarm system as required by code and authority having jurisdiction.

• Provide new commercial-grade electric fireplace.

3.3.8. Breakroom & Miscellaneous renovations are as follows:

• Demolish existing breakroom wall and door.

• Install new breakroom flooring, paint, and millwork.

• Remove all existing ACT (acoustical ceiling tile) ceilings.

• Install new panic/exit hardware at rear exit door.

3.3.9. Storefront & Access renovations are as follows:

• Furnish and install new 8'-0" wide x 7'-0" high aluminum storefront entry assembly including:

o Two (2) 3'-0" storefront doors and hardware o One (1) 1'-0" full-lite sidelight at each side o Exit devices (panic bars) as required

3.3.10. Project Phasing

• Complete construction in two phases to allow occupancy and operational continuity during renovations.

3.4 EXTERIOR IMPROVEMENTS

3.4.1. Building Exterior renovations are as follows:

• Remove and replace all rooftop units (RTUs) with new units of equivalent tonnage and capacity.

• Prime and paint all exterior brick surfaces.

• Paint exposed gas piping.

• Apply spray roof coating (allowance only).

3.4.2. Site & Landscaping renovations are as follows:

• Provide new synthetic turf areas, including site preparation and drainage improvements on entire lot and adjacent lot as noted in site plan.

• Install new decorative gravel and landscape finishes as indicated.

• Grade adjacent lot and install decomposed granite (DG) surfacing.

• Install new gates at both side entry locations.

• Adjustments & additions to irrigation system as necessary

3.4.3. Fencing renovations are as follows:

• Install new modern metal fencing along adjacent property line and around the entire rear yard area.

3.4.4. Lighting renovations are as follows:

• Install six (6) vertical steel tube columns for decorative lantern lighting.

• Furnish and install lantern light fixtures.

• Install new farmhouse-style exterior light fixtures above windows.

3.4.5. Awnings & Architectural Features renovations are as follows:

• Provide new exterior shade structures at the front and rear of the building featuring black steel framing and wood accents.

3.4.6 Storefront & Waterproofing renovations are as follows:

• Reseal existing storefront glazing system to restore proper drainage and weep functionality, and/or reflash as required.

• Cut and install new weep holes around brick veneer as required.

3.5 EXCLUSIONS

3.5.1 The following items are specifically excluded unless otherwise noted:

• Furniture and furnishings

• Low-voltage cabling and network infrastructure

• Fire sprinkler modifications

• Moving and relocation services

• Temporary storage

• Demolition of adjacent building

• Any work not specifically identified in this scope

-End of section-

Drawing 1: Anticipated Interior Work

Inspiration Images for Basis of Design:

3.6 SUBMISSION COMPONENTS TO BE INCLUDED

3.6.1 Responses are to include these components in the order as listed below:

• Section 1: Qualifications o The proposal must include a copy of AIA standard form B305 Architects Qualification

Statement Form or equivalent and indicate ability to perform / provide licensed work in Texas.

• Section 2: Team & Approach o Proposed team members information o Relevant Technical Competencies o Relevant similar projects, assignments, team o Any specifics around how this assignment would be approached o Proposed and or anticipated deliverables and possible samples ‘for reference only’

• Section 3: Metrics. Budget & Schedule o CSI breakout and detailed scope of work of all that is being proposed o Identify schedule as if given a November 2, 2026 start date.

• Section 4: Open [Optional] o Anything the company feels is relevant or completely unique separating the firm above and beyond the others in providing a unique competitive advantage or differentiator in any of the categories above.

o Ability to solve for completely unique solutions, challenges and or specific projects to highlight alignment with the Project Vision o Creative space to provide additional information o Current workload and bandwidth to perform on these projects.

3.6.2 The selected finalist shall be solely responsible for any cost, loss, injury, harm, expense, fee, charge, or other expenditure or damage or any nature, whether known or unknown related to this RFQ | RFP and the City does not assume and hereby specifically disclaims any responsibility or obligation of any nature, to any of the persons or entities responding to this RFQ | RFP and will make no payment or reimbursement of any cost, fee, or expenditure whatsoever associated with this request.

3.6.3 It is the expressed intent of the City that each Submission and Interview be comprehensive, conducted in good faith and the selection and acceptance of a Finalist is expressly conditioned upon the successful completion of the RFQ | RFP process and after approval of all documents by counsel for the City.

3.6.4 The finalist must provide insurances to meet the requirements of the city including not less than $1,000,000 per occurrence and $2,000,000 aggregate. Design professionals on the project must be licensed / registered to practice their profession in the State of Texas.

3.6.5 Respondent shall guarantee the proposal will not withdraw his proposal for the period of 90 days after the scheduled closing time for the receipt of proposals, and that if this proposal is accepted, the undersigned will enter into a formal contract (prepared by the City) within 10 days after notice of acceptance is issued, and that the required performance bond and payment bond will be given. In the event of the withdrawal of this proposal within the period stipulated above, or the failure of the undersigned to enter into a contract and give the required bonds within ten (10) days after the undersigned has received notice of the acceptance of this proposal, the undersigned shall be liable to the City for the full amount of the Proposal guarantee as liquidated damages to the City on account of the default of the undersigned.

3.7 AWARD METHOD & CRITERIA

The City reserves the right to reject any or all bid proposals in the best interest of the City and reserves the right to accept the bid proposal which, in its sole judgment, represents the best value to the City based on

(1) the following selection criteria and the weighted value for those criteria; and (2) its ranking evaluation.

Project Design Approach (Up to 25 Points)

The Project Design Approach evaluates the consultant's understanding of the project objectives, constraints, and opportunities, as well as the proposed methodology for delivering a successful design solution. Proposals will be assessed on the clarity, completeness, and effectiveness of the approach, including:

• Demonstrated understanding of the project's goals, scope, challenges, and stakeholder needs.

• A logical and comprehensive design methodology that outlines key tasks, deliverables, decision points, and quality control measures.

• Integration of industry best practices, sustainability principles, resiliency considerations, and innovative solutions where appropriate.

• Approach to stakeholder engagement, interdisciplinary coordination, permitting, and regulatory compliance.

• Strategies for risk identification and mitigation throughout the design process.

• Ability to optimize project outcomes related to functionality, constructability, schedule, cost-effectiveness, and long-term operational performance.

• Use of tools, technologies, and quality assurance procedures that support efficient project delivery and successful implementation.

Proposals that present a clear, well-organized, and project-specific approach demonstrating a high likelihood of achieving project objectives on time and within budget will receive the highest scores.

Project Team (Up to 25 Points)

The Project Team criterion evaluates the qualifications, experience, organization, and capacity of the Design- Build team proposed for the project. The Owner will assess the team's ability to successfully plan, design, coordinate, and execute renovation work in occupied or operational facilities while minimizing disruptions and delivering a high-quality outcome.

Proposals will be evaluated based on:

• Qualifications, licenses, certifications, and relevant experience of key personnel, including the Design- Build Project Manager, Lead Designer, Construction Manager, Superintendent, and other critical team members.

• Demonstrated success on comparable renovation, modernization, rehabilitation, or adaptive reuse projects of similar size, complexity, and scope.

• Experience working collaboratively in a Design-Build delivery environment and effectively integrating design and construction services.

• Team organization, defined roles and responsibilities, communication protocols, and decision-making processes.

• Availability and commitment of key personnel throughout the duration of the project.

• Experience managing renovation work in occupied facilities, including phasing, safety, logistics, and continuity of operations.

• Ability to coordinate subcontractors, specialty consultants, and trade partners to maintain cost, schedule, and quality objectives.

• Past performance, client references, and demonstrated record of completing projects on time, within budget, and with minimal change orders.

The highest scores will be awarded to teams that demonstrate exceptional qualifications, relevant renovation experience, strong Design-Build collaboration, and a proven ability to deliver successful project outcomes while effectively managing project risks and stakeholder expectations.

Relevant Design-Build Facility Renovation Experience (Up to 20 points)

This criterion evaluates the Respondent's demonstrated experience and success in delivering facility renovation projects using the Design-Build project delivery method. The Owner seeks a team with a proven track record of completing renovations of similar size, scope, complexity, and function while effectively integrating design and construction services.

Proposals will be evaluated based on:

• Experience successfully completing Design-Build facility renovation, modernization, rehabilitation, or adaptive reuse projects within the past ten (10) years.

• Relevance of completed projects to the proposed work, including similarity in project type, square footage, budget, operational requirements, and technical complexity.

• Demonstrated ability to perform renovation work in occupied or active facilities while minimizing disruptions to operations, staff, and visitors.

• Successful integration of design and construction disciplines to achieve efficient project delivery, cost control, schedule adherence, and quality outcomes.

• Experience addressing unforeseen conditions common to renovation projects, including building systems upgrades, code compliance, accessibility improvements, and existing facility constraints.

• Performance history related to project schedule, budget management, safety, quality, and client satisfaction.

• References and documented outcomes from previous clients, including evidence of effective communication, collaboration, and problem-solving throughout the project lifecycle.

• Innovation and value-added solutions that enhanced project performance, reduced costs, accelerated schedules, or improved facility functionality.

Respondents should provide descriptions of relevant projects, including project location, owner, completion date, construction value, scope of work, delivery method, key personnel involved, and references.

The highest scores will be awarded to Respondents that demonstrate extensive and successful Design-Build renovation experience on projects comparable to the proposed project and a consistent record of delivering high-quality results on time and within budget.

Project Metrics and Schedule Feasibility (Up to 20 points)

This criterion evaluates the Respondent's ability to demonstrate a realistic, achievable, and well-supported approach to meeting the project's performance objectives, milestones, and overall schedule. The Owner seeks a Design-Build team that can effectively plan, manage, and execute the project while maintaining quality, budget, and operational requirements.

Proposals will be evaluated based on:

• A clear and comprehensive project schedule that identifies key design, permitting, procurement, construction, commissioning, and project closeout milestones.

• Demonstrated understanding of project constraints, dependencies, and critical path activities affecting project delivery.

• Realistic and achievable timelines supported by the Respondent's proposed staffing, resources, and project management approach.

• Defined project metrics and performance measures used to monitor progress, control costs, maintain quality, and manage risks throughout the project lifecycle.

• Strategies for maintaining schedule adherence, including coordination procedures, communication protocols, and corrective action processes.

• Approach to managing long-lead materials, permitting timelines, utility coordination, inspections, and other factors that may impact project completion.

• Experience successfully delivering projects within established schedules and performance objectives.

• Identification of potential schedule risks and proposed mitigation strategies to minimize delays and maintain project continuity.

Respondents should provide a detailed preliminary project schedule and describe the tools, methodologies, and performance metrics that will be used to track and report project progress throughout the Design-Build process.

The highest scores will be awarded to Respondents whose proposed project metrics, delivery strategy, and schedule demonstrate a clear understanding of the project requirements and provide a high degree of confidence that the project can be completed successfully, on time, and in accordance with the Owner's objectives.

Texas Veteran Heroes United in Business (VET-HUB) Certification (0 or 5 Points)

This criterion recognizes Respondents that are certified through the Texas Veteran Heroes United in Business (VET-HUB) Program and supports the Owner's commitment to promoting participation by veteran-owned businesses in procurement opportunities.

Scoring:

5 Points: Respondent is currently certified through the Texas Veteran Heroes United in Business (VET-HUB) Program at the time of RFQ submission. Documentation of current certification must be included with the response.

0 Points: Respondent is not currently VET-HUB certified or fails to provide acceptable documentation verifying certification status.

Respondents seeking consideration under this criterion shall provide evidence of active VET-HUB certification issued by the State of Texas. The Owner reserves the right to verify certification status through the appropriate state certification database or other authorized sources.

Local Vendor Preference – Princeton, Texas (5 Points)

This criterion recognizes Respondents that maintain a physical business presence within the City of Princeton, Texas, and supports the Owner's objective of encouraging local economic participation and investment in the community.

Scoring:

5 Points: Respondent maintains an established, staffed, and operational business office located within the municipal boundaries of Princeton, Texas, as of the date of the RFQ/SOLICITATION issuance and throughout the evaluation process. Documentation demonstrating the local office location shall be provided with the response.

0 Points: Respondent does not maintain a qualifying business office within Princeton, Texas, or fails to provide adequate documentation verifying the office location.

For purposes of this criterion, a qualifying local office must be a physical business location where the Respondent regularly conducts business operations and employs personnel. The office must be owned or leased by the Respondent and available for normal business activities.

A post office box (P.O. Box), mailbox service, virtual office, shared workspace without dedicated staffed operations, registered agent address, or other mail-receiving location does not satisfy the intent or requirements of this criterion and will not be considered a qualifying local office.

The Owner reserves the right to verify the existence and operational status of the Respondent's Princeton office through submitted documentation, public records, site visits, or other reasonable means.

4.0 TERMS AND CONDITIONS

4.1 TWO (2) YEARS WARRANTY AGAINST DEFECTIVE WORK

If any of the work, including fabricated, installed, or completed work, is found to be defective work within two (2) years after the City's approval of final payment, the Contractor will promptly correct the defective work, or remove it from the site and replace it with non-defective work, as determined by the City, without cost to the City. If the Contractor does not correct or remove and replace the defective work within the time specified in a written notice from the City, the City may have the defective work corrected or removed and replaced. The City will immediately repair any defects in an emergency situation and will invoice the Contractor for the work. All direct, incidental, and consequential costs of the correction or removal and replacement, including compensation for additional professional services, will be paid by the Contractor within thirty (30) days of the City’s submission of a statement to the Contractor. This provision does not limit any other obligations of the Contractor under the Contract Documents or serve as an exclusive remedy of the City. This bid defines the Contractor’s obligation to correct defective work; it does not relate to the time within which the Contractor’s obligations under the Contract Documents may be enforced, or within which proceedings may be commenced to establish the Contractor’s liability. The term of the performance bond extends to include this warranty period.

4.2 ACCEPTANCE OF DEFECTIVE WORK

The City may choose to accept defective work instead of requiring the Contractor to correct or remove and replace it. If the City’s acceptance occurs before approval of final payment, a change order may be issued incorporating necessary revisions in the Contract Documents and a reduction in the Contract Price. If the acceptance occurs after approval of final payment, the Contractor will pay the amount of the reduction in Contract Price to the City within thirty (30) days of the City's submission of a statement to the Contractor. The City will determine the amount of the reduction in the Contract Price based on the defective work.

4.3 WORK NEGLECTED BY CONTRACTOR

If the Contractor fails to carry out the work in accordance with the Contract Documents, including any requirements of the progress schedule, the City may correct the deficiencies without prejudice to any other remedy, and all direct, indirect, and consequential costs and damages incurred as a result, including compensation for additional professional services, will be deducted from the Contractor’s subsequent pay request. If the payments due the Contractor are not sufficient to cover the amount, the Contractor will pay the difference to the City within thirty (30) days of the City's submission of a statement for the amount to the Contractor.

4.4 CONTRACTOR LOSS OR DAMAGE

4.4.1 The City assumes no responsibility for the Contractor’s equipment, tools or supplies used in the performance of services.

4.4.2 The City shall not be liable for any loss or damage sustained by the Contractor. The Contractor shall save the City whole and harmless from any and all claims for liability or damage of whatsoever nature and kind, including cost of court and attorney's fees, suffered or asserted to have been suffered by any person or to any property of any person whomsoever, growing out of or resulting from or in any way connected with the performance of work under this agreement.

4.5 CITY’S RESPONSIBILITIES TO CONTRACTOR

The City of Princeton shall:

4.5.1 Provide the Contractor with contact information of City’s Project Manager for each job, including telephone number and email address to send correspondence and/or invoices to City.

4.5.2 Work with the Contractor to coordinate and schedule all contractual services.

4.5.3 Reserves the right to inspect and deem acceptable all Contractor’s furnished materials and workmanship used to accomplish the work.

4.5.4 Reserves the right to reject Contractor’s furnished materials and workmanship which does not conform to specifications.

4.5.5 Be responsible for timely payment of services performed by Contractor.

4.5.6 Provide successful Contractor(s) with the City’s tax exemption form, upon request.

4.6 INTELLECTUAL PROPERTY OWNERSHIP

Any intellectual property created or produced as a result of this contract shall become the sole property of the City of Princeton.

4.7 RIGHT OF REFUSAL

The City reserves the right to accept or reject any and all proposals, in whole or in part, to take exceptions to parts of the proposals, and to request oral and/or written clarification of proposals. Firms may be excluded from consideration for failure to comply with the requirements of the solicitation. The City reserves the right not to award the contract to any firm.

4.8 INCURRED PROPOSAL COST

Respondents are to prepare this proposal at their own expense. The City will have no liability with respect to such expenses.

4.9 NON-BINDING AGREEMENT

Acceptance of a proposal shall not form a binding contract with the selected Designer. The formation of a binding contract between the City and the selected firm is contingent upon execution of definitive contract documentation, in a form acceptable to City based on industry standard AIA formats.

4.10 NON-RESPONSIVE PROPOSALS

Any response that fails to provide requested forms, attachments, technical requirements, price, or signed signature page as specified in this solicitation may be deemed non-responsive and not eligible for award.

4.11 INSURANCE

Prior to the commencement of purchase and delivery of equipment under this Agreement, CONTRACTOR must provide a completed Certificate(s) of Insurance to CITY’s Princeton Finance Department. The certificate must be:

• clearly labeled with the legal name of the event in the Description of Operations block;

• completed by an agent and signed by a person authorized by the insurer to bind coverage on its behalf (CITY will not accept Memorandum of Insurance or Binders as proof of insurance); and

• properly endorsed and have the agent’s signature, and phone number.

Certificates may be mailed or sent via email, directly from the insurer’s authorized representative. CITY shall have no duty to pay or perform under this Agreement until such certificate and endorsements have been received and approved by CITY. No officer or employee shall have authority to waive this requirement.

If the City does not receive copies of insurance endorsement, then by executing this Agreement, CONTRACTOR certifies and represents that its endorsements do not materially alter or diminish the insurance coverage for this contract.

The City reserves the right to modify the insurance coverages, their limits, and deductibles prior to the scheduled event or during the effective period of this Agreement based on changes in statutory law, court decisions, and changes in the insurance market which presents an increased risk exposure.

CONTRACTOR shall obtain and maintain in full force and effect for the duration of this Agreement, at CONTRACTOR’S sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best’s rating of no less than A- (VII), in the following types and for an amount not less than the amount listed below. If the CONTRACTOR claims to be self-insured, they must provide a copy of their declaration page so the CITY can review their deductibles:

TYPE AMOUNTS

1. Workers' Compensation

2. Employers' Liability

Statutory $1,000,000/$1,000,000/$1,000,000

3. Commercial General Liability Insurance to include coverage for the following:

a. Premises/Operations

b. Products/Completed Operations

c. Personal/Advertising Injury

d. Contractual Liability

e. Independent Contractors*

f. Damage to property rented by you*

For Bodily Injury and Property Damage of $1,000,000 per occurrence;

$2,000,000 General Aggregate, or its equivalent in Umbrella or Excess Liability Coverage

*f) $300,000

4. Business Automobile Liability

a. Owned/leased vehicles

b. Non-owned vehicles

c. Hired Vehicles

Combined Single Limit for Bodily Injury and Property Damage of $1,000,000 per occurrence

*5.Products liability $1,000,000 per occurrence;

$2,000,000 general aggregate, or its equivalent in Umbrella or Excess Liability Coverage.

*If Applicable

CONTRACTOR must require, by written contract, that all subcontractors providing goods or services under this Agreement obtain the same insurance coverages required of CONTRACTOR and provide a certificate of insurance and endorsement that names CONTRACTOR and CITY as additional insureds. CONTRACTOR shall provide CITY with subcontractor certificates and endorsements before the subcontractor starts work.

If a loss results in litigation, then the CITY is entitled, upon request and without expense to the City, to receive copies of the policies, declaration page and all endorsements. CONTRACTOR must comply with such requests within 10 days by submitting the requested insurance documents to the CITY at the following address:

City of Princeton

Finance Department 2000 E Princeton Dr.

Princeton, Texas 75407

CONTRACTOR’s insurance policies must contain or be endorsed to contain the following provisions:

• Name CITY and its officers, officials, employees, volunteers, and elected representatives as additional insureds by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with CITY. The endorsement requirement is not applicable for workers’ compensation and professional liability policies.

• Endorsement that the “other insurance” clause shall not apply to CITY where CITY is an additional insured shown on the policy. CITY’s insurance is not applicable in the event of a claim.

• Contractor shall submit a waiver of subrogation to include, workers’ compensation, employers’ liability, general liability and auto liability policies in favor of CITY; and

• Provide 30 days advance written notice directly to CITY of any suspension, cancellation, non-renewal or materials change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium.

Within five (5) calendar days of a suspension, cancellation, material change in coverage, or non-renewal of coverage, CONTRACTOR shall provide a replacement Certificate of Insurance and applicable endorsements to CITY. CITY shall have the option to suspend CONTRACTOR’S performance should there be a lapse in coverage at any time during this Agreement. Failure to provide and to maintain the required insurance shall constitute a material breach of this Agreement.

In addition to any other remedies CITY may have upon CONTRACTOR’S failure to provide and maintain any insurance or policy endorsements to the extent and within the time required, CITY may order CONTRACTOR to stop work and/or withhold any payment(s) which become due to CONTRACTOR under this Agreement until CONTRACTOR demonstrates compliance with requirements.

Nothing contained in this Agreement shall be construed as limiting the extent to which CONTRACTOR may be held responsible for payments of damages to persons or property resulting from CONTRACTOR’S or its subcontractors’ performance of the work covered under this Agreement.

CONTRACTOR’S insurance shall be deemed primary and non-contributory with respect to any insurance or self - insurance carried by City for liability arising out of operations under this Agreement.

The insurance required is in addition to and separate from any other obligation contained in this Agreement and no claim or action by or on behalf of City shall be limited to insurance coverage provided.

CONTRACTOR and any subcontractor are responsible for all damage to their own equipment and/or property result from their own negligence.

4.12 BOND REQUIREMENTS

4.12.1. Bid Bond

a. Each Proposal shall be accompanied by a Bid Bond in an amount equal to ten percent (10%) of the total Proposal Price.

b. The Bid Bond shall be executed by a surety company authorized and licensed to conduct business in the State of Texas and acceptable to the Owner.

c. The Bid Bond shall guarantee that the Proposer, if awarded the Contract, will execute the Contract and furnish the required Performance Bond and Payment Bond within the time specified in the Contract Documents.

d. Failure of the successful Proposer to execute the Contract or provide the required bonds within the prescribed time shall constitute a default, and the Bid Bond may be forfeited to the Owner as liquidated damages.

e. A current Power of Attorney evidencing the authority of the individual executing the Bid Bond on behalf of the surety shall be attached to the Bid Bond.

4.12.2. Performance Bond

a. Within the time stated in the Notice of Award and prior to execution of the Contract, the successful Design-Builder shall furnish a Performance Bond in the amount of one hundred percent (100%) of the Contract Price.

b. The Performance Bond shall be issued by a surety company authorized and licensed to conduct business in the State of Texas and acceptable to the Owner.

c. The Performance Bond shall guarantee the faithful performance of all obligations of the Design-Builder under the Contract Documents, including the design services, construction services, warranty obligations, and all other contractual requirements.

d. A current Power of Attorney evidencing the authority of the individual executing the Performance Bond on behalf of the surety shall be attached to the Performance Bond.

4.12.3. Payment Bond

a. Within the time stated in the Notice of Award and prior to execution of the Contract, the successful Design- Builder shall furnish a Payment Bond in the amount of one hundred percent (100%) of the Contract Price.

b. The Payment Bond shall be issued by a surety company authorized and licensed to conduct business in the State of Texas and acceptable to the Owner.

c. The Payment Bond shall guarantee prompt payment to all subcontractors, suppliers, laborers, and other persons furnishing labor, materials, equipment, or services for the Project in accordance with applicable Texas law and the Contract Documents.

d. A current Power of Attorney evidencing the authority of the individual executing the Payment Bond on behalf of the surety shall be attached to the Payment Bond.

D. Surety Requirements

a. All bonds shall be executed by a corporate surety authorized to do business in the State of Texas and listed in the current U.S. Department of the Treasury Circular 570.

b. All bond forms and sureties shall be subject to review and approval by the Owner.

4.13 LIQUIDATED DAMAGES

4.13.1 Time is of the essence with respect to the Design-Builder's performance of the Work. The Design-Builder acknowledges that the Owner will suffer damages as a result of delays in achieving Substantial Completion and Final Completion, and that such damages would be difficult or impracticable to determine with certainty.

4.13.2 If the Design-Builder fails to achieve Substantial Completion or Final Completion within the Contract Times, as adjusted by approved Change Orders, the Design-Builder shall pay the Owner Liquidated Damages in the amount stated in the Agreement for each calendar day of unexcused delay.

4.13.3 The parties agree that the Liquidated Damages amount constitutes a reasonable estimate of the damages the Owner will incur as a result of delayed completion and is not intended as a penalty.

4.13.4 Assessment of Liquidated Damages shall not relieve the Design-Builder of its obligation to complete the Work nor limit any other rights or remedies available to the Owner under the Contract Documents, except to the extent that Liquidated Damages are expressly agreed to compensate the Owner for delay-related damages.

4.13.5 The Owner may deduct Liquidated Damages from amounts otherwise due to the Design-Builder or recover such amounts from the Performance Bond surety.

4.14 BOND CLAIMS AND SURETY PROCEDURES

4.14.1. Notice of Default

a. If the Design-Builder is declared in default under the Contract, the Owner shall provide written notice to the Design-Builder and the Performance Bond surety describing the nature of the default.

b. The surety shall promptly acknowledge receipt of the notice and, within a reasonable period of time, advise the Owner of its proposed course of action.

4.14.2. Performance Bond Claims

a. Upon declaration of Design-Builder default and termination, if applicable, the Owner may assert a claim against the Performance Bond.

b. The surety shall promptly investigate the claim and, at its expense and in accordance with the bond terms, shall:

i. Arrange for the Design-Builder to complete the Work;

ii. Undertake completion of the Work through another contractor acceptable to the Owner; or

iii. Pay the Owner the reasonable costs necessary to complete the Work, up to the penal sum of the bond.

c. The surety shall remain liable for all obligations covered by the Performance Bond, including correction of defective work and warranty obligations, to the extent required by the bond and Contract Documents.

4.14.3. Payment Bond Claims

a. Any subcontractor, supplier, laborer, or other claimant entitled to the protection of the Payment Bond may submit a claim in accordance with applicable Texas law and the requirements of the bond.

b. The Design-Builder shall cooperate with the Owner and surety in resolving Payment Bond claims and shall provide supporting documentation upon request.

c. The surety shall promptly investigate and respond to all properly submitted claims.

4.14.4 Preservation of Rights

a. No action or inaction by the Owner in administering the Contract shall release or diminish the obligations of the surety unless expressly provided by law.

b. The rights and remedies of the Owner under the Contract Documents are cumulative and in addition to any rights available under the bonds.

4.14.5. Costs and Attorneys' Fees

a. To the fullest extent permitted by law, if the Owner prevails in an action against a surety arising out of the Performance Bond or Payment Bond, the Owner shall be entitled to recover its reasonable attorneys' fees, expert fees, court costs, and other expenses incurred in enforcing the bond obligations.

4.15 BOND FORM REQUIREMENTS

4.15.1. Each Bid Bond, Performance Bond, and Payment Bond shall bear the original signature and seal of the surety and principal.

4.15.2. A separate, current, and valid Power of Attorney evidencing the authority of the attorney-in-fact executing the bond on behalf of the surety shall be attached to each bond.

4.15.3. Failure to provide the required Power of Attorney with any bond may result in rejection of the Proposal, rejection of the bond, withdrawal of award, suspension of payments, or declaration of default, as applicable.3.

Failure to provide required bonds or required Powers of Attorney shall constitute grounds for rejection of the Proposal, withdrawal of award, or termination of the Contract, as applicable.

4.16 RESPONDENT CERTIFIES PROPOSAL SUBMITTED IN GOOD FAITH

By submission of Contractor certifies it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph:

A) “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution;

B) “fraudulent practice” means an intentional misrepresentation of facts made

• to influence the bidding process or the execution of the Contract to the detriment of City,

• to establish Bid or Contract prices at artificial non-competitive levels, or

• to deprive City of the benefits of free and open competition.

C) “collusive practice” means a scheme or arrangement between two or more Respondents, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and

D) “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

4.17 CONTRACTS WITH COMPANIES THAT BOYCOTT ENERGY COMPANIES

Contractor represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott energy companies or (2) the verification required by Section 2276.002 of the Texas Government Code does not apply to the contract.

If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2276, it does not boycott energy companies;

and will not boycott energy companies during the term of the Agreement. This verification is not required for an agreement where a governmental entity determines that these requirements are inconsistent with the governmental entity’s constitutional or statutory duties related to the issuance, incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment of funds.

4.18 CONTRACTS WITH COMPANIES DISCRIMINATING THE FIREARM INDUSTRY

Contractor verifies that (1) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract.

If Contractor is a company with 10 or more full time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274 it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of the contract against a firearm entity or firearm trade association.

4.19 CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL

Contractor represents and warrants that it has not boycotted Israel currently and will not boycott Israel during…