ESBD_364903_1719342778445_ITB 24-068 Stonebridge and Scarborough Drive Roundabout.pdf

BID DOCUMENTS

FOR

CONSTRUCTION OF

STONEBRIDGE AND SCARBOROUGH DRIVE

ROUNDABOUT

BID NO. 24-068

DUE DATE: JULY 30, 2024 @ 2:00 P.M. CT

City of College Station, Texas Purchasing Division – City Hall

PO Box 9960 1101 Texas Avenue

College Station, Texas 77842 979-764-3555 www.cstx.gov http://www.cstx.gov/

TABLE OF CONTENTS

INSTRUCTION TO BIDDERS

CONTRACTOR'S PROPOSAL

CONTRACTOR DATA SHEET

CERTIFICATION

CONDITIONS OF AGREEMENT

STANDARD FORM OF AGREEMENT FOR CONSTRUCTION

ITB 24-068

Construction of Stonebridge and Scarborough Drive Roundabout

INSTRUCTION TO BIDDERS

ITB 24-068

INSTRUCTIONS TO BIDDERS

1.0 ADVERTISEMENT

Sealed bids addressed to the City of College Station – Purchasing Division, will be received for:

Construction of Stonebridge and Scarborough Drive Roundabout Bid Number 24-068 until 2:00 p.m. CT, Tuesday, July 30, 2024, after which time all qualified bids will be opened via Microsoft Teams and summary prices will be read aloud. Bids received after that time will be returned unopened.

Questions and inquiries about this bid should be submitted in writing via the Q&A feature available through the Brazos Valley e-Marketplace (“Bidding System”). The deadline for submitting written requests for clarification is Tuesday, July 23, 2024 @ 2:00 PM. CT.

LOCATION AND DESCRIPTION OF PROJECT

This project will be a full intersection reconstruction as a roundabout. This project includes the demolition and reconstruction of an existing intersection at Stonebridge Drive and Scarborough Drive. The proposed roundabout intersection includes a mountable center circle with stamped concrete. Improvements include traffic striping, paving, and water utility relocation. Paving includes reworking and stabilization of base, as well as installation of concrete pavement. A Traffic Control Plan has been provided. Erosion control shall include a SWPPP, NOI, and sodding of disturbed areas during construction. A special consideration for the project location needs to be given to the neighborhood-maintained irrigation system. During and after the completion of the project, all landscaping and irrigation must be maintained at equal or better condition.

A Pre-bid Meeting will be held at City Hall 3rd Floor, Finance Conference Room 2, located at 1101 Texas Ave, College Station, Texas at 2:00 p.m. CT on Tuesday, July 9, 2024. This meeting is not mandatory, but attendance is highly recommended.

COPIES OF BIDDING DOCUMENTS

Bid documents are available for download from the Brazos Valley e-Marketplace at https://brazosbid.ionwave.net . To download bid documents and to submit questions, vendors must be registered with the Bidding System. To register, please visit the Brazos Valley e- Marketplace website and click on Supplier Registration.

Sealed bids shall be clearly marked with the bid number and title and addressed to the City of College Station – Purchasing Division. Bids shall be delivered using one of the following methods:

Hand-deliver or Ship to:

1101 Texas Avenue (3rd floor) College Station, Texas 77840

Mail to:

PO Box 9960 College Station, Texas 77842

Five (5) percent bid security is required.

END ADVERTISEMENT

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Construction of Stonebridge and Scarborough Drive Roundabout https://brazosbid.ionwave.net/

2.0 DEFINITION OF TERMS

In order to simplify the language throughout this bid, the following definitions and those defined in the Contract Documents shall apply:

BID vs. PROPOSAL – For the purpose of this ITB, the terms “Bid” and “Proposal” shall be equivalent.

BIDDER - A contractor who submits a Bid directly to the City.

BIDDING DOCUMENTS - the Advertisement, Instructions to Bidders, the Proposal, Special Provisions, Technical Specifications and the proposed Contract Documents (including all Addenda issued prior to the receipt of Bids).

CITY OF COLLEGE STATION – Same as City.

CITY COUNCIL – The elected officials of the City of College Station, Texas given the authority to exercise such powers and jurisdiction of all City business as conferred by the State Constitution and Laws.

CONTRACT – An agreement between the City and a Supplier to furnish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity specified.

CONTRACTOR – The successful Bidder(s) of this bid request.

CITY – The government of the City of College Station, Texas.

NO-CONTACT PERIOD – The period of time from the date a bid is issued until a contract is executed. If the City withdraws the bid or rejects all bids with the stated intention to reissue the same or a similar bid for the same or similar project, the no-contact period continues during the time period between the withdrawal and reissue.

SUB-CONTRACTOR – Any contractor hired by the Contractor or Supplier to furnish materials and services specified in this bid request.

SUCCESSFUL BIDDER - the lowest, qualified, responsible and responsive Bidder to whom the City (on the basis of the City's evaluation as hereinafter provided) makes an award.

SUPPLIER – Same as Contractor.

3.0 COPIES OF BIDDING DOCUMENTS

Bid documents are available for download from the Brazos Valley e-Marketplace.

Complete sets of bid documents must be used in preparing Bids; the City assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of bid documents.

4.0 PREBID CONFERENCE

A Pre-bid Meeting will be held at City Hall 3rd Floor Finance Conference Room 2, located at 1101 Texas Ave, College Station, Texas at 2:00 p.m. CT on Tuesday, July 9, 2024. This meeting is not mandatory, but attendance is highly recommended.

Representatives of the Owner and Engineer will be present to discuss the project. Bidders are highly encouraged to attend and participate in the conference. Owner's Representative will transmit to all prospective bidders of record such Addenda as he considers necessary in response to questions arising at the conference.

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Construction of Stonebridge and Scarborough Drive Roundabout

5.0 GENERAL BID PROVISIONS

a. The Invitation to Bid as advertised will be considered an inclusion of the specifications and conditions.

b. The term “Owner” as used throughout these documents will mean The City of College

Station, Texas.

c. Bid proposals will be submitted on the forms provided by Owner. All figures must be written in ink or typewritten. However, mistakes may be crossed out, corrections inserted adjacent thereto and initialed in ink by the person signing the proposal.

d. Formal advertised bids indicate date and time by which the bids must be received in the Purchasing division. Bids received after that time will be returned unopened to the bidder.

e. The bidder will note any exceptions to the conditions of this bid. If no exceptions are stated, it will be understood that all general and specific conditions will be complied with, without exception.

f. Bidders may request withdrawal of a posted sealed proposal prior to the scheduled bid opening time, provided the request for withdrawal is submitted to the Purchasing Division in writing. Owner reserves the right to reject any and all bids by reason of this request.

g. In the event there are inconsistencies between the general provisions and other bid terms or conditions contained herein, the former will take precedence.

h. If it becomes necessary to revise any part of this bid, a written addendum will be provided to all bidders. Owner is not bound by any oral representations, clarifications, or changes made in the written specifications by Owner’s employees, unless such clarification of change is provided to bidders in written addendum form from the Purchasing Division.

i. All bids will be awarded to the lowest responsible bidder. The determination of the lowest responsible bidder may involve all or some of the following factors: price, conformity to specifications, financial ability to perform the contract, previous performance, facilities and equipment, availability of repair parts, qualifications and experience, delivery promise, payment terms, compatibility as required, other costs, and other objectives and accountable factors which are reasonable.

j. Owner may give an environmental preference to products or services that have a lesser or reduced effect on human health and the environment when compared with competing products and services that serve the same purpose. This comparison may consider raw materials acquisition, product, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product or service;

k. Bidders may be disqualified and rejection of proposals may be recommended to the Owner for any (but not limited to) of the following causes: 1) Failure to use the proposal form furnished by the Owner; 2) Lack of signature by an authorized representative on the proposal form; 3) Failure to properly complete the proposal; 4) Evidence of collusion among proposers; 5) Omission of a certified personal or company check as a proposal guarantee (if Bid Bond required); 6) Unauthorized alteration of bid form; 7) Lack of appropriate qualifications and experience relative to the size and scope of the work proposed; 8) Unsatisfactory performance; 9) Failure to complete projects; or 10) Violation of the Bidder Conduct provision. Owner reserves the right to waive any minor informality or irregularity.

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l. Whenever in this invitation, any particular materials, process and/or equipment are indicated or specified by patent, proprietary or brand name, or by name of manufacture, such wording will be deemed to be used for the purpose of facilitating description of the material, process and/or equipment desired and will be deemed to be followed by the words “or equal.”

m. Samples of items shall be furnished, if requested by the Owner, without charge, and if not destroyed, shall be returned upon request at the bidder’s expense.

n. It is agreed that the successful bidder will not assign, transfer, convey or otherwise dispose of the contract or its right, title or interest in or to the same, or any part thereof, without previous written consent of Owner and any sureties.

o. Contractor must provide audited financial statements, if requested, to the City.

p. Prices should be itemized. Unit prices shall be set to no more than four (4) decimal places. The Owner reserves the right to award by item or by total bid. If there are discrepancies between unit prices and extension, the unit price will prevail.

q. No freight or delivery charges will be accepted unless shown on bid.

r. Discounts for prompt payment offered may be taken into consideration during bid evaluation. Terms of payment offered will be reflected in the space provided on the bid proposal form. All terms of payment (cash discounts) will be taken and computed from the date of delivery of acceptable material or services, or the date of receipt of invoice, whichever is later.

s. Owner is exempt from State Retail Tax and Federal Excise Tax. The price bid must be net, exclusive of taxes.

t. All bidders will comply with all Federal, State, and local laws relative to conducting business in the City of College Station. The laws of the State of Texas will govern as to the interpretation, validity, and effect of this bid, its award and any contract entered into.

u. The successful bidder agrees by entering into this contract, to defend, indemnify and hold Owner harmless from any and all causes of action or claims of damages arising out of or related to bidder’s performance under this contract.

v. Advanced disclosures of any information to any particular bidder which gives that particular bidder any advantage over any other interested bidder in advance of the opening of bids, whether in response to advertising or an informal request for bids, made or permitted by a member of the governing body or an employee or representative thereof, will operate to void all proposals of that particular bid solicitation or request.

w. Minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, creed, sex, or national origin in consideration for an award.

x. If unable to bid, please sign and return this form by return mail, advising reason for not submitting quotation.

6.0 BIDDER CONDUCT

To ensure a fair, equitable and competitive bid process for all participating Bidders, during the No-Contact Period Bidders and individual(s) acting on a Bidder’s behalf are prohibited from communicating with any City official, City employee or City agent other than the authorized contact person(s) in the Purchasing Division.

This prohibition expressly includes any communication with any City Official, City employee

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or City agent that is intended to or that is reasonably likely to:

a) advance the interests of the Bidder;

b) discredit the bid of another Bidder;

c) encourage the City to cancel the Bid process;

d) encourage the City to reject all of the bids received; or

e) directly or indirectly ask, influence or persuade any City official, City employee, City agent or City board, committee or body to favor or oppose, recommend or not recommend, vote for or against, consider or not consider, or take action or refrain from taking action on any vote, decision or agenda item regarding the Bid.

Bidders may be disqualified and rejection of Bid may be recommended for violating this provision. Further, Bidders violating this section may be subject to the City’s Vendor Suspension and Debarment Policy.

This provision does not prevent a Bidder from filing a formal bid protest in accordance with the City’s policy and procedures, making public statements to the City Council convened for a regularly scheduled session after the official selection has been made and placed on the City Council agenda for action or to a City Council committee convened to discuss a recommendation regarding the Bid. See Chapter 17 of the online Purchasing Policy Manual for details regarding Bid Protests.

7.0 QUALIFICATIONS OF BIDDERS

To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days of City's request, written evidence, such as financial data, previous experience, present commitments and other such data as may be called for below. Each Bid must contain evidence of the Bidder's qualifications to do business in the State of Texas or covenant to obtain such qualification prior to award of the contract.

In determining a bidder's qualifications, the following factors will be considered:

A. Work previously completed by the bidder and whether the bidder:

a. maintains a permanent place of business,

b. has adequate plant and equipment to do the work properly and expeditiously,

c. has paid or settled all claims for payment promptly,

d. has appropriate technical experience,

e. has job references for work of similar size and scope to the project bid herein; and

f. satisfactory performance and completion of public, or comparable, projects.

B. The safety record of the Bidder, of the corporation, partnership, or institution represented by the Bidder, or of any one acting for such firm, corporation, or partnership.

Each Bidder may be required to show that he has properly completed similar type work and that no claims are now pending against such work. No bid will be accepted from any bidder who is engaged in any work that would impair his ability to fully execute, perform or finance this work.

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Construction of Stonebridge and Scarborough Drive Roundabout https://www.cstx.gov/UserFiles/Servers/Server_12410832/File/Departments/Fiscal%20Services/ProcurementManual.pdf

The General/Sub-Contractors Experience Data Sheet following the proposal must be filled out and submitted with the bid for consideration. Failure to include a completed Data Sheet may result in the rejection of the bid.

8.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE

A. It is the responsibility of each Bidder before submitting a Bid, to:

a. examine the Contract Documents thoroughly,

b. visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work,

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

d. study and carefully correlate Bidder's observations with the Contract Documents, and

e. notify Owner's Representative of all conflicts, errors or discrepancies in the Contract

Documents.

f. visit with local utilities, including cable companies, and other entities that may have underground or above-ground infrastructure in the work area for infrastructure location.

B. Information and data reflected in the Contract Documents with respect to underground facilities at or contiguous to the site is based upon information and data from the Owner's files for its underground facilities and information and data furnished by owners of other underground facilities. Owner does not assume responsibility for the accuracy or completeness thereof.

C. Before submitting a Bid each Bidder will be responsible to make or obtain such explorations, at bidders expense and not to be added into cost of bid if accepted (tests and data concerning physical 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 and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

D. On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations.

E. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment or disposal of spoil are to be provide by Contractor. Contractor is responsible for obtaining all permits required for any of the before mentioned purposes prior to beginning work in accordance with the Standard Form Of Agreement, paragraph 35 Permits and Licenses.

F. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this section, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be

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indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. No pleas of ignorance of conditions that may be encountered in their execution of the Work under this contract, that is a result of failure to make the necessary examinations and investigations herein above indicated, will be accepted as an excuse for the failure or omission on the part of the Contractor to fulfill in every detail all the requirements of the Contract Documents. In no event shall a claim for extra compensation or for an extension of time be allowed for failure to thoroughly examine all requirements of Contract Documents.

9.0 INTERPRETATIONS and ADDENDA

All questions about the meaning or intent of the Contract Documents are to be submitted in writing via the Q&A feature available through the Brazos Valley e-Marketplace (“Bidding System”). Interpretations or clarification considered necessary by Owner's Representative in response to such questions will be issued by Addenda and made available to all interested parties via the Bidding System. Questions received after the deadline to submit written questions has passed will not be answered. Only questions answered by a formal written Addenda will be binding. No oral and other interpretations or clarification will be considered official or binding.

Addenda may also be issued to modify the Bidding Documents as deemed advisable by the City.

To properly qualify his bid, each Bidder shall, prior to filing his Bid, check the receipt of all Addenda or letters of clarification issued and acknowledge such receipt on the Proposal Form or on a separate attachment to the bid. Bids without such acknowledgment of all issued Addenda and letters of clarification may cause your bid to be considered non-responsive. Such Addenda and letters of clarification shall become a part of the executed contract and modify the contract documents accordingly.

10.0 BID SECURITY

Bidders must submit with their Bids a Cashier's Check or a Certified Check in the amount of five (5%) percent of the maximum amount of Bid payable without recourse to the City of College Station, Texas, or an original bid bond in the same amount from a surety company holding permit from the State of Texas to act as a surety, as a guarantee that Bidder will enter into a contract and execute bond and guarantee forms within fifteen (15) days after notice of award of contract. No other form of bid security will be accepted. Bids without checks, as stated above, or acceptable bid bond will not be considered.

Bid Security shall be in effect from the opening of the Bid and will be retained until a Bidder has executed the Agreement and furnished the required contract security, whereupon the Bid Security will be returned. A Bidder may withdraw its Bid at any time until the Agreement is signed. However, it will forfeit its Bid Security in doing so if no material mistake was made in the Bid.

The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon the Bid Security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen (15) days after the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be

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Construction of Stonebridge and Scarborough Drive Roundabout retained by Owner until 5 days after the Agreement is executed whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening.

11.0 CONTRACT TIME

The times for Substantial Completion and Final Completion are set forth in the Special Provisions and will be included in the Agreement. It will be necessary for the Successful Bidder to satisfy City of Bidder's ability to achieve Substantial Completion and Final Completion within the times designated in the Special Provisions.

12.0 LIQUIDATED DAMAGES

TIME IS OF THE ESSENCE IN THIS CONTRACT. Failure to meet Substantial or Final Completion dates will result in damages to the city in an amount specified in City's Standard Form of Agreement, Item 23.

13.0 SUBSTITUTE OR "OR EQUAL" ITEMS

The materials and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution. No substitution will be considered unless written request for approval has been submitted by the Bidder via the Q&A feature available through the bidding system by the specified deadline to submit written requests for clarification. Each such request shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitute including drawings, cuts, performance and test data and any other information necessary for an evaluation. A statement setting forth any changes in other materials, equipment or work that incorporation of the substitute would require shall be included. The burden of proof of the merit of the proposed substitute is upon the Bidder. The Owner's Representative's decision of approval or disapproval of a proposed substitution shall be final. If Owner's Representative approves any proposed substitution before the date for receipt of bids, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner.

14.0 BID FORM

The Bid Form is included with the Bidding Documents. All blanks on the Bid Form must be completed in ink or by typewriter. Unfilled blanks may result in the bid being disqualified.

Bids by corporations must be executed in the corporate name by the corporate officer authorized to sign for the corporation, accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown below the signature.

Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and accompanied by evidence of authority to sign. The fiscal address of the partnership must be shown below the signature.

All names must be typed or printed below the signature.

The Bid shall contain an acknowledgment of receipt of all Addenda. The numbers and dates of which must be filled in on the Bid Form or on a separate attachment to the Bid.

The address and telephone number(s) for communication regarding the Bid must be shown.

All of the data on the GENERAL/SUB-CONTRACTORS EXPERIENCE AND DATA INFORMATION sheet must be completely filled in.

15.0 SUBMISSION OF BIDS

A Bid shall be submitted at the time and place indicated in the Advertisement. It shall be enclosed in an opaque sealed envelope, marked with the project title, name and address of the Bidder. The Bid shall be accompanied by the Bid Security and other required documents. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it.

Each Bidder should, prior to filing his Bid check the receipt of all Addenda or letters of clarification issued and acknowledge such receipt on the outside of the envelope containing his Bid proposal.

16.0 MODIFICATION AND WITHDRAWAL OF BIDS

Bids may be modified or withdrawn by an appropriate document duly executed, in the described manner that a Bid must be executed and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.

If prior to the award of the contract by the City Council, any Bidder files a duly signed, written notice with Owner's Representative and promptly thereafter demonstrates to the reasonable satisfaction of Owner's Representative that there was a material mistake in the preparation of his Bid, that Bidder may withdraw his Bid and the Bid Security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents.

17.0 OPENING OF BIDS

Properly prepared Bids will be opened publicly and read aloud. A summary of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. A tabulation of the Bids which are read will be available upon request as soon as it has been assembled and verified.

Bids received after the specified time of the opening will be returned unopened.

18.0 BIDS TO REMAIN SUBJECT TO ACCEPTANCE

All bids will remain subject to acceptance, for 90 days after the date of the Bid opening, but Owner may, in its sole discretion, release any Bid and return the Bid Security prior to that date.

19.0 AWARD OF CONTRACT

Owner reserves the right to reject any and all Bids, to waive any and all informalities and irregularities not involving price, time or changes in the Work and to disregard all non-conforming, non-responsive, unbalanced or conditional Bids. Also, Owner reserves the right to reject the Bid of any Bidder if Owner believes 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 or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, time of construction, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

Owner may consider the qualifications and experience of subcontractors, suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of subcontractors, suppliers, and other persons and organizations must be submitted as provided.

Owner may also consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award.

Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed subcontractors, suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time.

If the contract is to be awarded, it will be awarded to the lowest responsible Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project.

If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within 90 days after the day of the Bid opening.

Bid prices may be compared after adjusting for differences in the time designated in the Bid for Substantial Completion. The adjusting amount will be determined at the rate set forth in the Standard Form of Agreement for liquidated damages indicated for Substantial Completion for each day after the desired date appearing in City's Standard Form of Agreement, Item 23.

20.0 ADDITIVE ALTERNATE BID ITEMS

Should this Request for Bids include additive alternate bid items, the following bid evaluation process shall apply.

Evaluation of base bid with alternatives shall be conducted as follows:

A. Bidder shall submit its bid on the basis of the base bid and shall provide a separate bid price for each additive alternative described in the bidding documents and as provided for on the bid form.

B. For determination of the apparent low bidder, bids will be compared on the base bid, plus (in the order of priority listed on the bid form) the additive alternative bid prices providing the most features of the work within the construction budget determined by the Owner to be available before bids are opened. If the addition of another alternative bid price in the listed order of priority would make the aggregate amount exceed such construction budget for all bidders, it will be skipped and the next subsequent alternative bid price in a lower amount will be added if award thereon can be made within such construction budget.

C. The listed order of priority for alternatives will be followed only for the determination of the apparent low bidder. After the determination of the apparent low bidder as stated, award in

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the best interest of the Owner may be made to said bidder on its base bid and any combination of its additive alternative bids within the construction budget determined by the Owner to be available at the time of award, provided that the award on any such combination of base bid and additive alternative bids does not exceed the amount offered by any other bidder for the same combination.

21.0 CONTRACT SECURITY

Paragraph 28 BOND PROVISIONS of the Standard Form of Agreement set forth Owner's requirements as to performance and payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required performance and payment Bonds.

22.0 SIGNING OF AGREEMENT

The Successful Bidder shall execute the Contract and provide proof of insurance as detailed in the Standard Form of Agreement based on Staff recommendation prior to Council action.

Within 15 days of Council approval, all required Bonds shall be delivered to Owner. A fully executed contract will be presented to Successful Bidder with a City of College Station Purchase Order.

23.0 VIRTUAL PAYMENT METHOD

For increased payment and financial information security, the Contractor must use the City’s approved virtual payment card system or digital payment system for all payments, storing, and modifications of financial information used for City payments to the Contractor. Any related reasonable fees paid by the Contractor for use of the virtual payment card system or digital payment system may be passed through to the City. The City’s decision to use the virtual card payment method will be discussed with the bidder recommended for award prior to the execution of an agreement. The City may also choose by written agreement to use electronic funds transfers for payments. If so, vendors must complete an authorization form and submit it to our Accounts Payable Division. Forms may be requested from and submitted to Accounts Payable via email at vendorinvoiceentry@cstx.gov.

24.0 FRAUD REPORTING

To reduce the risk of fraud and to protect the Contractor’s financial information from fraud, the Contractor must report to the City in writing at vendorinvoiceentry@cstx.gov if the Contractor reasonably suspects or knows if any of their financial information has been subject to fraudulent activity or suspected fraudulent activity.

25.0 PERSONAL INTEREST

College Station City Charter Article XII: General Provision; Section 116. Members of the City Council and officers and employees of the City shall comply with state law pertaining to conflicts of interest of local government officials, including TEXAS LOCAL GOVERNMENT CODE, Chapter 171. Any willful violation of this section shall constitute malfeasance in office and any officer or employee guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge expressed or implied of the person or corporation contracting with the City shall render the contract voidable by the City Council or City Manager.

mailto:vendorinvoiceentry@cstx.gov mailto:vendorinvoiceentry@cstx.gov

26.0 DISCLOSURE OF INTERESTED PARTIES

Contracting hereunder may require compliance with §2252.908 Texas Government Code/Disclosure of Interested Parties for contracts that (1) require an action or vote by the City Council before the contract may be signed; or (2) has a value of at least $1 million. The law provides that a governmental entity may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity at the time the business entity submits the signed contract to the governmental entity or state agency.

For purposes of this section, the following definitions apply:

“Interested party” means a person who has a controlling interest in a business entity with whom the City contracts or who actively participates in facilitating the contract or negotiating the terms of the contract, including a broker intermediary, advisor, or attorney for the business entity.

"Controlling interest" means: (1) an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock, or otherwise that exceeds 10 percent; (2) membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or (3) service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers.

"Intermediary," means a person who actively participates in the facilitation of the contract or negotiating the contract, including a broker, adviser, attorney, or representative of or agent for the business entity who:

1. Receives compensation from the business entity for the person's participation;

2. Communicates directly with the City on behalf of the business entity regarding the contract; and

3. Is not an employee of the business entity.

The process as implemented by the Texas Ethics Commission (“TEC”) is as follows:

1. The disclosure of interested parties must be performed using the Texas Ethics Commission’s electronic filing application listing each interested party of which the business entity is aware on Form 1295, obtaining a certification of filing number for this form from the TEC, and printing a copy of it to submit to the City.

2. The copy of Form 1295 submitted to the City must contain the unique certification number from the TEC. The form must be filed with the City pursuant to §2252.908 Texas Government Code, “at the time the business entity submits the signed contract” to the City.

The City, in turn, will electronically acknowledge the filed Form 1295 not later than the 30th day after the date the City receives the Form 1295 from the business entity. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission’s website.

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

MICROSOFT TEAMS MEETING INSTRUCTIONS

Scheduled solicitation meetings will be accessible to the public via Microsoft Teams (Teams) meeting. Attendees are not required to download the Teams application to participate. Participants, who either have not downloaded the application or do not have a Teams account, may join meetings through their web browser by clicking on the meeting hyperlinks. When the launch page opens, click on the “join from your browser” link. Participants may also join Zoom meetings via telephone.

MICROSOFT TEAMS MEETING ACCESS INFORMATION

Bid Opening 24-068 Meeting

CONSTRUCTION OF STONEBRIDGE AND SCARBOROUGH DRIVE ROUNDABOUT

Tuesday, July 30, 2024 at 2:00 p.m. CST

Join on your computer, mobile app or room device.

Join the meeting now

Meeting ID: 230 507 561 472

Passcode: DShPJA

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CONTRACTOR'S PROPOSAL

Construction of Stonebridge and Scarborough Drive Roundabout

Tech Specs and the Excel Bid Response have been uploaded as separate attachments.

CONTRACTOR'S PROPOSAL

BID SUMMARY

BID NO. 24-068

Date: ___________________________

PROPOSAL FROM: ______________________________________

PROPOSAL TO: City of College Station 1101 Texas Ave.

College Station, TX 77842

The Undersigned proposes to furnish all labor, services, materials, tools and necessary equipment for the Construction of Stonebridge and Scarborough Drive Roundabout and to perform the work required for the construction of said project at the location set out by the Plans and Specifications, in strict accordance with the Contract Documents.

Please type or write legibly in blue or black ink. A unit price is required for all bid items. If there are discrepancies between unit prices and totals, the unit price will prevail. Please initial all corrections and do not round totals.

In submitting this Proposal, it is understood that this Proposal may not be altered or withdrawn for ninety (90) days, and that the Owner has reserved the right to reject any and all Proposals.

The Undersigned certifies that this Proposal is made in good faith, without collusion or connection with any other person, persons, partnership, company, firm, association, or corporation offering Proposals on this work, for the following sum or prices to wit:

Construction of a roundabout at Stonebridge Drive and Scarborough Drive

BASE PROPOSAL: Stipulated Total Bid of (A+B+C): ($__________________________)

CALENDAR DAYS: TOTAL number of calendar days to substantial completion is 110 days.

Number of Addenda is hereby acknowledged ____________

CONTRACTOR NAME:

CONTRACTOR SIGNATURE:

ITB 24-068

CONTRACTOR DATA SHEET

GENERAL/SUB-CONTRACTOR’S EXPERIENCE

AND

DATA INFORMATION

Name of Company:

Company Years in Business:

List Municipal Projects (Similar Projects in Size and Scope Completed in Last Five Years)

Project Municipality $ Amount Type Date

Superintendent & Project Manager Information

Include Superintendent proposed for the project, years of experience as superintendent, project manager proposed for the project, and years experience as project manager

Superintendent Years Experience Projects

Project Manager Years Experience Projects

References: Name 5 projects of similar work, giving owner’s name, representative’s name, project engineers name, and telephone numbers for each

1.

2.

3.

4.

5.

CERTIFICATION

CERTIFICATION OF BID

The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other bidder, and that the contents of this bid have not been communicated to any other bidder prior to the official opening of this bid. Additionally, the undersigned affirms that the firm is willing to sign the enclosed Standard Form of Agreement without modifications.

Signed By: _________________________________ Title: _____________________________

Typed Name: _______________________ Company Name: ____________________________

Phone No.: ______________________________ Fax No.: _____________________________

Email:

Bid Address: __________________________________________________________________ P.O. Box or Street City State Zip

Order Address: _________________________________________________________________

P.O. Box or Street City State Zip

Remit Address: _________________________________________________________________ P.O. Box or Street City State Zip

Federal Tax ID No.: _____________________________

DUNS No.: ____________________________________

Date: _________________________________________

END OF BID #24-068

CONDITIONS OF AGREEMENT

CONDITIONS OF AGREEMENT

CONTRACT DOCUMENTS

STANDARD SPECIFICATIONS FOR CONSTRUCTION--CITY OF COLLEGE

STATION

The City of College Station has adopted standards for streets and water and sewer construction.

These City standards are hereby made a part of these technical specifications. Copies of the City’s most recent edition of the “B/CS Unified Water and Sewer Specifications” and the most recent edition of the City’s “Standard Specifications for Street Construction” may be purchased from Development Services office at 1101 Texas Avenue in College Station.

Any discrepancies between the City standards and these specifications shall be clarified per the instructions in Paragraph 8.0, “INTERPRETATIONS AND ADDENDA” in the instructions to Bidders.

GENERAL CONDITIONS OF AGREEMENTS

The Standard Form of Agreement between Owner and Contractor shall be governing conditions of this contract.

SPECIAL PROVISIONS OF AGREEMENT

A. USE OF THE SPECIFICATIONS: These specifications shall be used in conjunction with the City of College Station’s Standard Specifications of Water and Sewer Construction and Street Construction as outlined above.

B. MEASUREMENTS: All work not specifically set forth as a pay item in the Proposal shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be included in the various unit prices listed in the Proposal.

C. QUANTITIES: Where unit quantities are shown on each bid item of the Proposal, they shall be construed to represent approximate quantities of Work to be completed. Final quantities will be determined by measurement on the site of the completed Work. Work performed outside of specified limits will not be included in final measurement. Bidders are hereby notified that no incidental items of the Work will be paid for unless it is listed in the Proposal form as a pay item.

D. EXPLOSION, COLLAPSE AND UNDERGROUND HAZARDS (XCU): Contracts where trenching depths exceed twelve (12) feet shall require additional coverage for the following General Liability hazards:

Explosion Applies to blasting operations

Collapse Applies to excavation and grading work adjacent to structure

ITB 24-068

Underground Applies to excavation, burrowing, trenching, tunneling, etc. For example, severing an electrical line during excavation operations.

An additional premium may be assessed by contractors insurance provider. Successful contractor is responsible for assessing depth based on plans and specifications contained herein.

TRAFFIC CONTROL

The Contractor shall submit to the City Engineer a traffic control plan for each public right-of-way he enters prior to the pre-construction meeting. This plan shall be in conformance to the Texas Manual on Uniform Traffic Control Devices. Once reviewed, the plans will be returned to the Contractor with comments.

Approved Traffic Control Plans shall be in the possession of the contractor on site during all work within the designated right of way.

CONTRACT FORMS, BONDS AND CERTIFICATES

The Standard Form of Agreement bond forms listed below will be made a part of the executed contract documents and are made a part of these specifications:

CITY OF COLLEGE STATION STANDARD FORM OF AGREEMENT BETWEEN

THE OWNER AND THE CONTRACTOR

PERFORMANCE BOND

PAYMENT BOND

These forms are not to be filled in by the bidder at the time of submitting his proposal.

ITB 24-068

STANDARD FORM OF AGREEMENT FOR CONSTRUCTION

SAMPLE

Contract No.___________ Construction Agreement Over $50,000 Form 4-20-23 Page | 1

CITY OF COLLEGE STATION

STANDARD FORM OF CONSTRUCTION AGREEMENT

This Agreement is entered into by and between the City of College Station, a Texas home-rule municipal corporation (the “City”) and ______________________________________________________ (the “Contractor”) for the construction and/or installation of the following:

1. DEFINITIONS

1.01 Calendar Day. The term "calendar day" shall mean any day of the week or month, no days being excepted.

1.02 City. The term "City" shall mean and be understood as referring to the City of College Station, Texas.

1.03 City’s Consultant. The term “City’s Consultant” or “Consultant” shall mean and be understood as referring to the City’s design professional(s) for the Project.

1.04 City's Representative. The term "City's Representative" or "Representative" shall mean and be understood as referring to the City Manager or his delegate or delegates, including a project management firm if applicable, who shall act as City's agent.

1.05 Contingency Amount. The term “Contingency Amount” shall mean and be understood as referring to the amount established and appropriated by the City, to be used exclusively by the City and in the City’s sole discretion, to pay City-authorized costs associated with Change Orders and other related expenses for this Project.

The Contractor agrees that the Contingency Amount, if any, is established by and is for the sole use of the City, that the Contingency Amount is not included in the Contract Amount, and that the Contractor has no right to use or receive any Contingency Amount unless authorized by the City in a written and duly authorized change order.

The City’s Contingency Amount is: ___________________________________________________________ and ______/100 Dollars ($______________________).

1.06 Contract Amount. The term “Contract Amount” shall mean the amount of Contractor’s lump sum base bid proposal, together with all alternates, as accepted by the City in accordance with the Contractor’s Proposal.

In the case of a unit price contract, Contract Amount shall mean the sum of the product of all unit prices multiplied by the respective estimated final quantities of work, for all base bid and alternates, as accepted by the City. Except in the event of a duly authorized change order approved by the City as provided in this Agreement, and in consideration of the Contractor’s final completion of all Work in conformity with this Agreement, the City shall pay the Contractor an amount not to exceed:_________________________________________________________ and ______/100 Dollars ($______________________).

1.07 Contract Documents. The term "Contract Documents" shall mean those documents listed in Section 2.01.

1.08 Contractor. The term "Contractor" shall mean the person(s), partnership, or corporation who has agreed to perform the Work contemplated in this Agreement and the other Contract Documents.

1.09 Contractor’s Proposal. The term “Contractor’s Proposal” shall mean the document provided by the Contractor in response to, and shall include all information required by the City’s Request for Proposal/Invitation to Bid for the Project.

Construction Agreement Over $50,000 Form 4-20-23 Page | 2

1.10 Extra Work. The term "Extra Work" shall mean and include work that is not covered or contemplated by the Contract Documents but that may be required by City's Representative and approved by the City in writing prior to the work being done by the Contractor.

1.11 Final Completion. The term "Final Completion" shall mean that all the Work has been completed, all final punch list items have been inspected and satisfactorily completed, all payments to materialmen and subcontractors have been made, all documentation and warranties have been submitted, and all closeout documents have been executed and approved by the City.

1.12 Hazardous Substance.