CITY OF LA PORTE

OFFICIAL NOTICE TO BIDDERS

Sealed Bid #26016 – Fairmont Lift Station

The City of La Porte will receive bids for Sealed Bid #26016 – Fairmont Lift Station until 2:00 pm Central Standard Time on Thursday, July 23, 2026, at the City Hall Information Desk located at 604 W. Fairmont Parkway, La Porte, Texas 77571. No late Bids will be considered.

All sealed Bids shall be marked with the Bid number and name, the name and address of the Bidder, and shall be submitted in hard copy (Original) and digitally (USB). The Bids will be opened and publicly read in the Council Chambers immediately after the closing hour for Bids on said date.

The City reserves the right to reject any and/or all Bids, to waive all technicalities and to accept any Bid or part thereof, which in the opinion of the City Council, is most advantageous to the city. In case of ambiguity or lack of clarity in stating the prices bid, the city reserves the right to consider the most advantageous Bid thereof or to reject the Bid.

WITHDRAWAL OF BID

No Bid shall be withdrawn for a period of 60 days after the opening of the Bids without consent of OWNER.

PRE-BID CONFERENCE

A pre-bid meeting will be held on Tuesday, July 14, 2026 at 2 pm in the Council Chambers located at 604 W. Fairmont Parkway (City Hall) in La Porte, Texas 77571. Bidders are strongly encouraged to attend. A Bidder must sign in using the name of the organization that will be submitting a Bid. It is each Bidder’s responsibility to sign in at the pre-bid conference to evidence participation.

BONDS

A Bid Bond payable to the City of La Porte shall accompany the Bid in an amount of not less than 5% of the total Bid. Performance and Payment bonds, when required, shall be executed on the forms furnished by the City and included in the Bid Package. Each bond shall be issued in an amount of one hundred percent (100%) of the Contract amount by a corporate surety authorized to do business in the State of Texas and shall meet any other requirements established by Law or by the OWNER.

DOCUMENTS ARE DUE PRIOR TO:

Thursday, July 23, 2026, at 2:00 pm, CST

The Bid Documents may be downloaded from www.publicpurchase.com, or may be obtained without deposit from the City of La Porte Purchasing Office located at 604 West Fairmont Parkway, La Porte, Texas 77571. You may reach Purchasing at 281-470-5126 or purchasing@laportetx.gov .

604 West Fairmont Parkway, La Porte, TX 77571 281-470-5126 | Purchasing@LaPorteTX.gov | LaPorteTX.gov/Purchasing http://www.publicpurchase.com/ mailto:purchasing@laportetx.gov

Purchasing Division City of La Porte CoLP Instructions to Bidders

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Construction Standard Instructions to Bidders

PROJECT DESCRIPTION

The City of La Porte is seeking competitive Bids for the Fairmont Lift Station Project which includes, but is not limited to the following: replace the existing wastewater lift station located at 3822 Cottonwood Drive, La Porte, TX 77571 with a new 14-foot diameter wet well, a new control building, new pumps, and associated infrastructure improvements, including a new control building, new pumps, controls, piping, force main, site paving, fencing, electrical systems, and abandonment of the existing lift station facilities.. The Contractor shall include all Work and the furnishing of all necessary superintendence, labor, machinery, equipment, tools and materials, and whatever else may be necessary to complete all Work including all related appurtenances, complete, tested, and operational as per these Solicitation Documents, Sealed Bid #26016.

QUESTIONS and CLARIFICATIONS

All requests for interpretation shall be submitted as a question at www.publicpurchase.com or to purchasing@laportetx.gov or may be delivered in writ i ng to the Purchasing Office located at 604 W.

Fairmont Parkway, La Porte, Texas, 77571. Purchasing will act as liaison between Bidders and the department’s representative or the Engineer/Architect to seek clarification or supplemental instructions appropriate to the inquiry. The deadline for answering questions is seven (7) working days prior to the bid opening.

PRE-BID ONFERENCE and/or SITE VISIT

A pre-bid meeting is scheduled for Tuesday, July 14, 2026 at 2 pm, at City Hall Council Chambers.

Questions shall be submitted in writing at www.publicpurchase..com or to purchasing@laportetx.gov, or delivered in person to the Purchasing office at 604 W. Fairmont Parkway, La Porte, Texas 7751.

ARTICLE 1 – DEFINED TERMS

Terms used in these Instructions to Bidders are defined in the “Standard General Conditionsof r Construction”, and have the meanings assigned to them in the General Conditions.

Certain additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both singular and plural thereof.

1.1

1.2

1.3

1.4

Bidder: One who submits a Bid directly to OWNER, as distinct from a sub-bidder who submits a bid to Bidder.

Issuing Office: The office from which the Bidding Documents are to be issued and where the Bidding procedures are to be administered.

Successful Bidder: The responsive and responsible Bidder to whom OWNER (based on OWNER’s evaluation as hereinafter provided) makes an award.

OWNER and ENGINEER/ARCHITECT

1.4.1 OWNER: where the word “OWNER is used in the

Contract Documents it shall be understood as referring to the City of La Porte, Texas and its designated representative.

1.4.2 ENGINEER/ARCHITECT: Where the word “ENGINEER”

or "ARCHITECT" is used in the Instructions to Bidders it shall be understood as referring to the Consultant to the OWNER.

http://www.publicpurchase.com/ mailto:purchasing@laportetx.gov http://www.publicpurchase..com/

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ARTICLE 2 BIDDING DOCUMENTS

2.1 Complete sets of the Bidding Documents shall be used in preparing Bids and to submit a Bid;

neither OWNER nor ENGINEER/ARCHITECT assumes any responsibility for errors, omissions, or misinterpretations resulting from the use of incomplete sets of Bidding Documents. It is the Bidder’s sole responsibility to determine that it is using a complete set of documents in the preparation of a Bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers.

2.02 Bid Documents are authorized for downloading solely for the Bidder’s use, and the use of their prospective Subcontractors and Suppliers, provided the pan holder pays all costs (if applicable) associated with printing or reproduction.

2.03 The OWNER has established a Bidding Documents Website (PublicPurchase.com) as indicated in the Notice to Bidders. Bidders shall register with the website and obtain a complete set of the Bidding Documents from such website. Bidders may rely that sets of Bidding Documents obtained from the Bidding Documents Website are complete, including any Addenda issued by OWNER.

2.04 OWNER is not responsible for omissions in Bidding Documents or other documents obtained from plan rooms, or for a Bidder’s failure to obtain Addenda from a plan room or any other source, although they may make them available for examination. Only the PublicPurchase.com site or the Issuing Office are complete unless an omission is blatant.

2.05 Bidding Documents will be provided in Adobe PDF (pdf) that is readable by Adobe Acrobat Reader with the intent of the OWNER that such documents are to be exactly representative of the paper copies of the documents. However, because transmission and receipt of Electronic Documents nor the Contractor’s means of reproduction of such documents can be controlled, the OWNER does not guarantee that Electronic Documents and reproductions prepared from those versions are identical in every manner to paper copies. Bidder assumes all risks associated with such differences, including costs and responsibility associated with the use of said versions to derive information that is not explicitly contained in the printed paper versions of the documents, and for Bidder’s reliance upon such derived information.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.1 This Bid #26016 requires that the Bidder provides written evidence to demonstrate Bidder’s qualifications to perform the work:

3.1.1 A written statement that Bidder is authorized to do business in the State of Texas.

3.1.2 Bidder’s state or other contractor license number, where applicable.

3.2 In accordance with City Ordinance 2013-3491 Section 1: That Chapter 2, “Administration, “Article III, “Finance”, Division 2. “Purchases and Contracts”, Subdivision II “Public Works Contracts”, Section 2-1066 of the Code of Ordinances, La Porte Texas reads:

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“Sec. 2-106. Qualification requirement of bidders; filing of contractor’s qualification statement.

(a) The city council has determined, and does hereby find, determine, and declare that it is in the best interest of the city that in the case of all construction projects having an owner’s estimated construction cost of greater than $1,000,000.00, all bidders must submit with their bid package, a satisfactory contractor’s qualification statement, on forms to be provided by the city. Submission of a contractor’s qualification Statement is a condition precedent to execution of a contract by the city with the successful bidder.

(b) For projects with an Owner’s estimated construction cost of less than $1,000,000.00, contractors may be required to file a contractor’s qualification statement if such is determined by the city to be required. In making such determination, the city shall review the city’s experience with projects of similar nature; the recommendation of the project architect/engineer which considers the complexity of the project; and the uniqueness or novelty of the anticipated project which may require a high degree of contractor specialization, technical expertise and/or previous experience on similar projects.

(c) After the bid opening for contracts up to $2,000,000.00 the city shall request financial statements from the apparent low bidder that have been reviewed by an independent certified public accountant. For contracts over $2,000,000.00 the apparent low bidder must submit audited financial statements performed by an independent certified public accountant. The qualification statement and the reviewed or audited financial statement is deemed confidential; shall not be disclosed by the city to the public or to other contractors; and shall be deemed exempt for disclosure by the city to the public or to other contractors; and shall be deemed exempt from disclosure under the Open Records Act, V.T.C.A., Government Code §552.001 et seq., in accordance with the state attorney general’s opinion number ORD-309, 1982.

Section 2-10 Requirements for contractors entering bids on projects subject to submittal of qualification statement under section 2-106 of the Administration Code

(a) Subcontracting of work more than 50 percent; consent is required.

Contractors entering bids on city construction projects subject to section 2-106 of this Code shall not subcontract more than 50 percent of the work on the project without first obtaining the express written consent of the city.

(b) Attendance of pre-bid conference

All contractors (or representatives of the contractors) desiring to bid on city construction projects subject to section 2-106 of this Code must attend a Prebid conference if scheduled and stated in the Bid Documents. Otherwise, such contractors’ bids will be returned by the city unopened.

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(c) Determination of bidding capacity.

The city is interested in determining a contractor’s bidding capacity for the purpose of awarding contracts subject to section 2-106 of the Administration Code. Bidding capacity for each contractor shall be equal to net working capital. Net working capital is defined as current assets minus current liabilities, as shown on a balance sheet reviewed or audited by an independent certified public accountant. The city will determine the minimum bidding capacity for each project. Only those contractors possessing a bidding capacity meeting or exceeding that minimum will be considered qualified for that project.

(d) Standards for contractor disqualification

The city council adopts the following standards for disqualification of contractors:

(1) Automatic Disqualification

a. The company has negative net working capital or does not meet the minimum bidding capacity.

b. There is a failure to complete statements in all detail

c. The company or personnel are on the federal job debarment list.

d. The company or personnel are on the Justice Department list of unacceptable contractors, i.e., convicted of antitrust violations.

e. There is a failure to compete a statement in a truthful manner.

(2) Other considerations for possible disqualification Disqualification may also take place according to the following considerations:

a. Companies with pending litigation may be disqualified for the duration of litigation as deemed to the advantage of the city by the city’s project manager.

b. There is a default on the contract, or forfeiture of bid bonds or performance bonds.

c. There is a performance record of poor workmanship on previous projects.

d. There is a performance record of failure to complete warranty work.

e. There has been bankruptcy or financial reorganization.

f. Companies submitting consolidated financial statements will be disqualified unless their partner company agrees to be the contracting party with the city.

3.3 The OWNER’s decision as to the qualifications of the Bidders shall be final.

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ARTICLE 4 – EXAMINATION OF CONTRACT DOCMENTS AND SITE

4.1 It is the responsibility of each Bidder prior to submitting a Bid:

4.1.1 To examine thoroughly the Contract Documents and other related data identified in the Bidding Documents including technical data, any reports and or tests referred to in the project documents.

4.1.2 To visit the site to become familiar with and satisfy Bidder as to the general local and site conditions that may affect cost, progress, performance or furnishing of the Work. The Site includes rights-of-way, easements, and other lands furnished by OWNER for the use of the Contractor.

4.1.3 To consider federal, state, and local Laws and Regulations that may affect cost, progress, performance, or furnishing of the Work.

4.1.4 To study and carefully correlate Bidder’s knowledge and observations with the Contract documents and such other related data; and

4.1.5 To promptly notify OWNER/ENGINEER/ARCHITECT of al conflicts, errors, ambiguities, or discrepancies which Bidder has discovered in or between the Contract Documents and such other related documents.

4.2 Information and data shown or indicated in the Contract documents with respect to existing Underground Facilities at or contiguous to the site is based upon information and data furnished to OWNER and ENGINEER/ARCHITECT by owners of such Underground Facilities or others, and OWNER and ENGINEER/ARCHITECT do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in Supplementary Conditions.

4.3 Provisions concerning the responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Contract Documents due to differing or unanticipated conditions appear in the General Conditions.

4.4 Bidder is responsible to obtain such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise, which may affect cost, progress, performance or furnishing of the work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto as Bidder deems necessary to determine a Bid for performing and furnishing the Work in accordance with the time, price, and other terms and conditions of the Contract documents prior to submitting a Bid.

4.5 Access to the site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid shall be provided upon request.

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4.6 The general nature of work that is to be performed at the site by the OWNER or others (Such as utilities and other prime contractors) that is related to the Work for which a Bid shall be submitted will be identified and made available upon request.

4.7 Bidder represents that submission of a Bid constitutes an incontrovertible representation that Bidder has complied with every requirement of Article 3, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, that bidder has given OWNER/ENGINEER/ARCHITECT written notice of al conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Contract documents an written resolutions thereof by OWNER/ENGINEER/ARCHITECT is acceptable to Bidder, and that the Contract Documents are generally sufficient to indicate and convey understanding of al terms and conditions for performing and furnishing the Work.

ARTICLE 5 – AVAILABIITY OF LANDS FOR WORK, ETC.

5.1 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other ands designated for use by CONTRACTOR in performing the Work are identified in the Contract documents. All additional lands and access thereto required for temporary constructions facilities, construction equipment, or storage of materials and equipment to be incorporated in the work are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Contract Documents.

ARTICLE 6 – INTERPRETATIONS AND ADDENDA

6.1

6.2

All questions about the meaning or intent of the Bidding documents are to be directed to the OWNER utilizing the Bidding documents Website (PublicPurchasing.com), or to the Purchasing Office (the authorized representative for these purposes;

281-470-5126, purchasing@laportetx.gov), in writing not less than seven (7) business days prior to the date for opening of Bids. No question will be accepted or responded to orally but will be presented and answered in writing. Any information provided to Bidders by any other means than the Purchasing Office via the Bidding Documents Website is not allowed during the Bidding process. Therefore, unless Bidder receives information, including Addenda other communicated from the Purchasing Office on PubicPurchase.com, Bidder shall not be entitled to assert any claim or demand against the OWNER on account thereof.

6.1.1 Replies may be issued by Addenda published on PublicPurse.com only responses set forth in an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. All Addenda so issued shall become part of the Contract Documents.

6.1.2 Questions received less than five (5) days prior to the date for the opening of the Bids may not be answered.

OWNER/ENGINEER/ARCHITECT will neither approve nor disapprove materials or equipment prior to the opening of Bids, unless specifically stated in the Bid.

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6.3 Addenda may also be used to modify the Bidding Documents as deemed advisable by OWNER or

ENGINEER/ARCHITECT.

6.4 Each Bidder is solely responsible for submitting a Bid acknowledging that any Addenda issued are received on the Bid Form. Failure of any Bidder to receive any such Addenda shall not relieve such Bidder from any obligation under his Bid as submitted.

ARTICLE 7 – BID SECURITY, if required

7.1

7.2

Each Bid must be accompanied by Bid security made payable to the OWNER in an amount equal to not less than 5% of the Bidder’s maximum Bid price in the form of a Bid Bond issued by a surety meeting the requirements stated. Any Bid submitted without the required Bid bond shall be considered non-responsive and will not be considered for award.

Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement, furnished all the required contract security, and met the conditions of the Notice to Award, whereupon the Bid security will be available for return upon request. If the successful Bidder fails to execute and deliver the Agreement with all the required contract security within 15 days of the Notice of Award, the OWNER may annul the Notice of Award, and the Bid security of that Bidder will be forfeited. The bid security of other Bidders participating in the Bid will be retained by OWNER until at least the 7th calendar day after the Effective Date of the Agreement with Successful Bidder whereupon the Bid security furnished by said Bidders will be made available for return.

ARTICLE 8 - CONTRACT TIMES

8.1 The number of days within which, or the dates by which the Work is to be (a) substantially completed and (b) ready for final payment, and (c) Milestones (if any are to be achieved), set forth in the Agreement.

8.02 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial

Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement.

ARTICLE 9 – SUBSTITUTES AND “APPROVED EQUAL” ITEMS

9.1 Materials and equipment specified in the Contract Documents by using the name of a proprietary item or name of a particular supplier are intended to further describe, establish type, function, and the quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “approved equal” item or no substitution is permitted., a substitute or “approved equal” item of material or equipment may be provided or used by the CONTRACTOR if acceptable to ENGINEER/ARCHITECT and OWNER.

9.2 Substitutes or “approved equal” items proposed must include a detailed explanation and documentation to support how the items proposed by Bidder can perform as well as or better than those specified. If no alternate is proposed and accepted by the city, the Bidder will be required to provide the specific items(s) described in the Specifications.

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9.2.1 Acceptable documentation to support proposed alternate items may include, but is not limited to:

• Product identification, including manufacturer’s name and address.

• Manufacturer’s literature identifying the product including detailed description, reference standards, performance and test data.

• Samples, as applicable

• Contact information about similar applications where proposed product(s) have been used, date of product usage.

• Itemized comparison of proposed alternate item with product or service specified, listing significant variations.

9.3 No application for acceptance of substitutes and or “approved equal” items will be considered until after the effective Date of the Agreement. The Contractor shall submit any such application for consideration by ENGINEER/ARCHITECT/OWNER as set forth in the General Conditions and may be supplemented in the Supplementary Conditions.

ARTICLE 10 - BASIS OF DESIGN

10.1 This Project design is based upon the material or supplier’s equipment named in the specifications, unless otherwise indicated. Specified items have been evaluated by the ENGINEER/ARCHITECT for compliance with the requirements of the Contract documents. When other manufacturers are listed, CONTRACTOR may be required to make modifications or adjustments, at CONTRACTOR’s expense, to coordinate the installation of the furnished equipment with associated elements of Work, such as piping and electrical connections, or support and mounting provisions.

ARTICLE 11 – SUBCONTRACTORS, SUPPLIERS AND OTHERS

11.1 CONTRACTOR is required to perform with its own work forces at least 50% of the Work, unless written consent to Subcontract a greater percentage of the Work is approved by OWNER.

11.1.1 A list of the names of proposed Subcontractors having a direct contract with CONTRACTOR and a portion of the Work to be performed by each shall be submitted with the Bid.

11.1.2 Any change to the Bid list of Subcontractors shall be submitted to the ENGINEER/ARCHITECT/OWNER prior to performing that portion of the Work within 5 calendar days of Notice to Proceed being issued. If requested by OWNER, such a list must be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor or Supplier.

11.1.3 The city reserves the right to approve any Subcontractor in direct contract with the CONTRACTOR prior to start of Work.

ARTICLE 12 – BID PROPOSAL FORM

12.1 Only the Bid Form included with the Bidding Documents will be accepted at Bid Opening.

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12.1.1 All blanks on the Bid Form provided shall be completed in ink or typed. It is the sole responsibility of the Bidder to submit a legible, accurate and complete Bid. The Bid Form cannot be changed unless an Addendum has been issued by the ENGINEER/ARCHITECT/OWNER authorizing Bidder to do so. Changing the Bid Form will result in disqualification of the Bidder.

12.1.2 Lump Sum Bids shall be priced only for the base contract with a separate price for any alternate described in the Specifications and provided for on the Bid Form. Where an alternate is selected by OWNER for award, the separate price for that alternate will be added to or deducted from the Base Bid.

12.1.3 Unit price work shall be the total of unit prices extended by the estimated number of units as set forth in the Bid. A separate price shall be provided for any alternate described in the Specifications and provided for on the Bid Form. The alternate(s) selected will be the amount added to or deducted from the price of the Base Bid.

a. An extension may not be divided by the number of units specified to determine a unit cost, if such is omitted by Bidder.

b. Where a discrepancy in an extended price is identified, the unit price shall prevail.

c. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

d. Discrepancies between words and figures will be resolved in favor of the words.

12.1.4 Quantities are only estimated and are not guaranteed. The determination of actual quantities and classification shall be made by the ENGINEER/ARCHITECT as provided in the General Conditions. The city will only approve payment for actual quantities used.

12.2 Only an authorized representative that meets the following requirements shall sign a Bid.

Authorization shall be considered as per the Bid Execution required form submitted with the Bid package.

12.2.1 A Bid shall be signed in the space provided by the written signature of the person, or persons properly authorized to sign it. All names must be typed or printed below the signature.

12.2.2 A Bid submitted by an individual shall be signed by the Bidder or by an authorized agent.

12.2.3 Bids by partnerships must be executed in the legal partnership name and signed by a partner, whose title must appear under the signature with the official address of the partnership shown below the signature.

12.2.4 Bids by corporations must be executed in the legal corporate name by the president or a vice-president (or another corporate officer with evidence of authority to sign provided).

The corporate address and the state of incorporation shall be shown below the signature.

Such corporation must be licensed to do business in the state in which the Project is located before a Contract to do the work can be executed. If a foreign corporation, the state under which it is incorporated must be named.

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12.2.5 Bids signed by an attorney-in-fact for individuals, firms, partnerships, or joint ventures shall attach a power-of-attorney evidencing such authority to sign the Bid.

ARTICLE 13 – SUBMISSION OF BIDS

13.1 Bids shall be submitted prior to the published opening date, time and the place indicated in the Official Notice to Bidders, unless otherwise changed by Addendum. All Bids must be enclosed in an opaque sealed envelope marked with the Sealed Bid Number and Project Title and the name and address of the Bidder. NO oral, facsimile, or telephone bids will be accepted unless otherwise stated in the Bid Documents.

13.1.1 The Bid shall be accompanied by Bid Security and all other required documents, including acknowledgement of any Addenda.

13.1.2 If a Bid is mailed or delivered other than by hand, the Sealed Bid envelope must be properly sealed and marked with the appropriate Bid information on the face of it.

13.1.3 Bids received after the official Bid closure time will be returned to the Bidder unopened.

ARTICLE 14 – MODIFICATION AND WITHDRAWAL OF BID

14.1 Bids may be modified or withdrawn at any time prior to the opening of Bids by submitting a written document, duly executed in the manner that a Bid must be executed and delivered to the place where the Bid is to be submitted.

14.2 A Withdrawn Bid may be resubmitted up to the time designated for the official receipt of Bids if they are in full conformance with these Instructions to Bidders, including Bid security in an amount sufficient for the Bid as modified or resubmitted.

14.3 I f within 24 hours after the Bids are publicly opened any Bidder files a duly signed written notice with the OWNER and promptly thereafter demonstrates to the reasonable satisfaction of the OWNER that there was a material and substantial mistake in the preparation of the Bid, the Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is re-bid, the Bidder will be disqualified from further bidding on the Work.

ARTICLE 15 – BID OPENING AND AWARD OF CONTRACT

15.1 Bids will be opened at the date, time and place indicated in the advertisement and the Official Notice to Bid and unless obviously non-responsive, read aloud publicly at the appointed time. A summary of the amounts of the Base Bids and major alternates, if any, will be made available to Bidders on PublicPurchase.com after the opening of Bids. Bidders and other interested parties may be present at the public opening.

15.2 OWNER reserves the right to reject any and all Bids, including without limitation the rights to reject any nonconforming, nonresponsive, unbalanced or conditional Bids, and to reject the Bid of any Bidder if OWNER determines that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive, the Bidder is unqualified or doubtful financial ability, or fails to meet any other pertinent standard or criteria established by the OWNER.

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15.3 The OWNER also reserves the right to waive all informalities not involving price, time or changes in the Work if in its judgment best serves the interest of the OWNER.

15.4 The OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to determine the responsibility, qualifications, and financial ability of a Bidders’ proposed Subcontractors, Suppliers and other persons and organizations proposed to perform and furnish Work in accordance with the Contract Documents to OWNER’s satisfaction within the prescribed time.

15.4.1 The qualifications and experience of Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work may also be considered at the request of the OWNER.

15.4.2 Operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation into the Work when such data is required to be submitted (prior to the Notice of Award) may also be considered.

15.4.3 The OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to determine the responsibility, qualifications, and financial ability of a Bidders’ proposed Subcontractors, Suppliers and other persons and organizations proposed to perform and furnish the Work in accordance with the Contract Documents to the OWNER’s satisfaction within the prescribed time.

15.5 The OWNER shall have the right to reject any unit prices for additions to or deductions from the Work as given in the Bid, if the prices are considered excessive or unreasonable, or to accept any unit prices which may be considered fair and reasonable.

15.6 The OWNER shall have the right to accept alternates in any order or combination or to not accept alternates, unless specifically otherwise stated. The OWNER further reserves the right to award the contract based on an adjusted base bid, which shall consist of any combination of alternate bid items and bid items included in the base bid.

15.7 A Bid which does not contain a unit price which is both adequate and reasonable for each item named in the Bid may be considered irregular and subject to rejection.

15.8 The Contract award method will be stated in the Bid Documents in compliance with the Texas Local Government Code Chapter 252.043 or for construction, Chapter 2269 of the

Government Code. The OWNER also reserves the right to select the method of award that is in the best interest of the OWNER.

15.8.1 The Contract may be awarded to the lowest responsible Bidder or to the Bidder who provides the goods or services specified herein at the best value to the OWNER.

In determining the best value for the city, the city may consider:

• The purchase price

• The reputation of the Bidder and of the Bidder’s goods or services

• The quality of the Bidder’s goods or services

• The extent to which the goods or services meet the municipality’s needs

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• The Bidder’s past relationship with the municipality

• The impact on the ability of the municipality to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing people with disabilities

• The total long-term cost to the municipality to acquire the Bidder’s goods or services, and

• Any relevant criteria specifically listed in the request for bids or proposals

15.8.2 If the contract is to be awarded, the OWNER will give Successful Bidder notification within a reasonable time.

ARTICLE 16 – CONTRACT SECURITY

16.1 The required bonds and certificates of insurance shall be delivered to the city prior to the execution of a Contract.

16.1.1 Any public work contract with a prime contractor shall require the contractor before beginning the work, to execute to the city

1. A performance bond if the contract is more than $100,000, solely for the protection of the city awarding the public works contract, shall be in the amount of the contract, and shall be conditioned on the faithful performance of the Work in accordance with the plans, specifications, and Contract Documents.

2. A payment bond if the contract is more than $50,000.

16.2 Corporate sureties issuing performance and payment bonds payable to the city shall meet all the following criteria according to Ordinance No. 1773, §1, 7-22-91:

(1) The surety company must be authorized to do business in the State, which such authorization must be recorded in the files of the State Board of Insurance.

(2) The surety company must be an approved surety company listed in the current United States Department of Treasury list of approved corporate sureties for performance and payment bonds for federal jobs, including specifically the rules related to the underwriting limitation.

(3) The surety company must be authorized to issue payment and performance bonds in the amount required for the contract, which authorization must be recorded in the files of the State Board of Insurance.

(4) The person executing the payment and performance bonds must be a licensed state local recording agent, and such licensing must be recorded in the files of the State Board of Insurance.

(5) The person executing the payment and performance bonds must be authorized by the surety company to execute performance and payment bonds on behalf of the company in the amount required for the contract, and such authorization shall be recorded in the files of the State Board of Insurance.

(6) Failure to meet the criteria for acceptability of surety company issuing payment and performance bonds will result in the disqualification of the Bid.

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(7) The payment and performance bonds shall remain in effect until at least one year beyond the final acceptance of Work under the contract by the OWNER.

ARTICLE 17 – SIGNING OF AGREEMENT

17.1 When the OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required bond forms (if not included in the Bid Documents) and the unsigned Contract with all other written Contract Documents attached. The CONTRACTOR shall sign and deliver the Agreement and attached documents to the OWNER within 15 calendar days of the Notice of Award. The OWNER will deliver one fully signed counterpart to CONTRACTOR within 10 business days thereafter.

ARTICLE 18 – WAGE RATES

18.1 Each CONTRACTOR or Subcontractor performing Work on this Project shall comply in all respects with all laws governing the employment of labor, Social Security, and Unemployment Insurance of both the state and federal government. There shall be paid each employee engaged in the Work under this Contract at the site of the Project, the minimum wage for the classifications of labor employed. The CONTRACTOR shall make their own investigation locally and satisfy themselves as to availability of labor.

ARTICLE 19 -PERMITS

19.1 The CONTRACTOR shall be required to obtain all construction, electrical and plumbing permits related to this project from all municipal, county, and state agencies. All municipal fees will be waived for this project.

ARTICLE 20 – GOVERNANCE

Bidder hereby warrants and represents that Article 20, Sections 20.1 through 20.25 have been carefully read and are understood so that Bidder is responsible to comply with said certifications. Bidder’s initials on each blank space certify such agreement and compliance for the duration of the Contract.

20.1 ETHICS

City of La Porte Ordinance No. 2013-3489 establishes an ethics and conflict of interest policy applicable to city council members, appointive members to city boards and commissions, and city employees. Any vendor entering into a contract or agreement with the city expressly acknowledges that it has familiarized itself with the provisions of this Ordinance. ______

20.2 PROHIBITION ON CONTRACTS WITH COMPANIES WITH “DELINQUENT INDEBTEDNESS” TO THE

CITY OF LA PORTE

Ordinance 98-2217 declares that the city may not make any expenditure of any kind for goods or services by the city, from any person firm or corporation, owing any delinquent indebtedness to the city. “Delinquent indebtedness” shall mean any indebtedness due and owing to the city, including, but not limited to, ad valorem taxes on real and personal property, which property is in fact owned by and is legally subject to taxation, by any person whether the same may have been property rendered to the tax assessor-collector by any person. Such term shall also include, but not be limited to, charges for penalties, interest, and costs on any such ad valorem taxes; charges for water, sewer, garbage, and other services rendered or goods furnished by the city to any person; and any other manner of indebtedness to the city, now existing or which may hereafter

Page 14 of 3-25 be created, by any person. No such indebtedness shall be considered “delinquent” until the time for its current payment under the various ordinances of the city or the state statutes, shall have expired without payment in full having been made.

Any person submitting a Bid to the city for furnishing of any manner of goods or services, shall provide a written certification to the city at the time of submitting such proposal, which indebtedness is delinquent, or, if such person is unable to make such certification, then, and in the event such person, at this option, in order to qualify as a Bidder, shall include in such proposal a tender to assign to the city from the proceeds of any such contract, should he be the successful Bidder, an amount at least as great as the total sum of such delinquent indebtedness, or the total proceeds of such contract, whichever is the lesser amount. ______

20.3 CONFLICT OF INTEREST

Chapter 176, Local Government Code, requires that a vendor who has a business relationship as defined by Section 176.001 (1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a) that by law, a Conflict of Interest Questionnaire be filed with the city. The form is made part of the Contract Documents as a Required Document, Section 00300. ______

20.4 LOCAL BIDDER PREFERENCE

Sections 271.905 and 271.9051 of the Texas Local Government Code authorize a municipality to consider a vendor’s location in the determination of a bid award if the lowest bid received is from a business outside the municipality and contracting with a local Bidder would provide the best combination of price and other economic benefits to the municipality. If the city receives one or more competitive Sealed Bids from a Bidder whose principal place of business is in the municipality and whose Bid is within 5% of the lowest Bid price received by the city from a Bidder who is not a local Bidder, the city may enter into a contract for construction services in an amount of less than $100,000 or a contract for other purchases in an amount of less than $500,000 with the lowest Bidder, or the Bidder whose principal place of business is in the municipality.

Exclusions to the local preference include expenditures of $25,000 or less, and those purchases which are sole source, emergency, federally funded, cooperative contracts, service contracts subject to the Professional Services Procurement Act, contracts awarded through request for proposals or qualifications, or via inter-local agreement. The City of La Porte, Texas has determined that the allowable preference shall be applied to local vendors’ bids for the purposes of evaluation when requested in writing by a local Bidder and when determined to be in the best interest of the City to do so. The form is made a part of the Contract documents. ______

20.5 ANTI LOBBYING PROVISION

Bidders are prohibited from directly or indirectly communicating with City Council members regarding the Bidder’s qualifications or any other matter related to the eventual award of a contract for the products or services requested under this Bid. Bidders are prohibited from contacting City Staff members regarding their qualifications or the award of a contract, unless in response to an inquiry from a staff member, a request for clarification or an objection. Any

Page 15 of 3-25 violation will result in immediate disqualification of the Bidder from the bidding and award process.

Once issued, all Bidder communications and requests for clarification or objections shall be directed in writing to the Purchasing Office for response, determination and dissemination to all Bidders. Any communication by Bidders or their representatives toward other city officers or employees regarding this Bid or the award of a contract are prohibited and will constitute grounds for the disqualification of a proponent. A Bidder or any of its agents may not do any act or refrain from any act for the express purpose and intent of placing any City official under personal obligation to the Bidder. ______

20.6 CERTIFICATE OF INTERESTED PARTIES

Applies to all contracts that must be approved by the City council. In accordance with House Bill 1295, for certain contracts entered on or after January 1, 2016, the successful proposer must submit a Certificate of Interested Parties (Form 1295) at the time the signed contract is submitted to the City. This applies to any contract of any amount that must be approved by the City Council.

Form 1295 must be filed electronically with the Texas Ethics Commission using the online filing application located at: https://www.ethics.state.tx.us/File . ______

20.7 PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL

Beginning September 1, 2017, state law prohibits governmental entities from contracting with companies who boycott Israel, and requiring contract terms that state the vendor does not boycott Israel and will not boycott Israel during the term of the contract. The Texas State Comptroller maintains a list of companies that boycott Israel. Inclusion on this list will prevent the city of La Porte from entering a contract with the company.

https://comptroller.texas.gov/purchasing/pubkications/divestment.php ______

20.8 PROHIBITION ON CONTRACTS WITH CERTAIN ENTITIES

Beginning September 1, 2017, a municipality may not enter a contract with a company that does business with Iran, Sudan, or know terrorist organizations, and contracts must contain language to that effect. The Texas Comptroller maintains a list of companies known to do business with Iran, Sudan, or known terrorist organizations. Inclusion on this list will prevent the City of La Porte from entering a contract with that company.

https://comptroller.texas.gov/purchasing/publications/divestment.php ______

20.9 PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING OIL COMPANIES

Beginning September 1, 2021, state law prohibits governmental entities from contracting with companies who boycott oil companies and utilize those companies that will not boycott oil companies during the term of the contract. ______ https://www.ethics.state.tx.us/File https://comptroller.texas.gov/purchasing/pubkications/divestment.php https://comptroller.texas.gov/purchasing/publications/divestment.php

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20.10 PROHIBITION ON CONTRACTS WITH COMPANIES THAT DISCRIMINATE AGAINST FIREARM AND

AMMUNITION INDUSTRIES

Beginning September 1, 2021, state law prohibits governmental entities from contracting with companies that discriminate against firearms and ammunition industries and requiring contract terms that state that the vendor does not discriminate against firearms and ammunition industries and will not discriminate against ammunition industries during the term of the contract. ______

20.11 PROHIBITION ON CONTRACTS WITH COMPANIES PARTICIPATING IN LOBBYING

Contractors who apply or Bid for an award of $100,000,00 or more shall provide the required certification that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress or an employee of a member of Congress, or an employee of a member of Congress in connection with obtaining a Federal contract, grant or any other award covered by 31 USC §1352. ______

20.12 PROHIBITION ON CONTRACTS WITH COMPANIES NOT SUPPORTING THE PROTECTION OF

RESIDENT WORKERS

The City of La Porte, Texas actively supports the Immigration and Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S.

20.13 INDEMNITY AND HOLD HARMLESS AGREEMENT

It is understood that any resulting contract executed will contain the following language:

To the fullest extent permitted by law, the Contractor, its successors, assigns and guarantors shall pay, defend, indemnify and hold harmless the City of La Porte, its agents, representatives, officers, directors, officials, and employees from and against all allegations, demands, proceedings, suits, actions, claims, including claims of patent or copyright infringement, damages, losses, expenses, including but not limited to, attorney’s fees, court costs, and the cost of appellate proceedings, and all claim adjusting and handling expenses, related to, arising from or out of or resulting from any actions, acts, errors, mistakes or omissions caused in whole or part by the Contractor relating to work, services and/or products provided in the performance of this Contract, including but not limited to, any Subcontractor or anyone directly or indirectly employed by or working as an independent contractor for Contractor or said Subcontractors or anyone for whose acts any of them may be liable and any injury or damages claimed by any of Contractor’s and Subcontractor’s employees or independent contractors. ______

20.14 COOPERATIVE PURCHASING

Chapter 791.025 of the Texas Local Government Code allows for participation under the same terms and conditions contained in this contract by other entities. Each entity wishing to do so must have prior written authorization by all parties. If such participation is authorized, purchase orders will be issued directly from and the goods or services received directly by the participating entity.

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The city will not be held responsible for any order placed, delivery made, or payment for goods or services ordered by the participating entity. Each entity reserves the right to determine their participation in this Contract. ______

20.15 RELEASE

It is understood that any resulting contract executed will contain the following language:

The contractor assumes full responsibility for the work to be performed hereunder and hereby releases, relinquishes, and discharges the City its Council Members, officers agents, and employees from all claims, demands , and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person and any loss of or damage to any property that is caused by, alleged to be caused by, arising out of, or in connection with the Contractor’s work to be performed…