ESBD_378610_1734151546733_802-25-52602_Addendum_1.pdf
PDF 3 MB Posted
- Solicitation number
- 802-25-52602
- Issued by
- Galveston County, Texas
About this file
This is an addendum document issued by the Texas Parks and Wildlife Department (TPWD) for solicitation number 802-25-52602 regarding Oyster Cultch Placement in East Galveston Bay in Subtidal and Intertidal locations. The addendum extends the bid due date to December 31, 2024 at 2:00 PM CT and includes detailed technical clarifications about the project specifications. The project involves constructing oyster reefs with specific mound configurations ranging from 2-3 feet in height, with the West reef having 2-foot high mounds and Middle/East reefs having 3-foot high mounds. Detailed design plans show three different mound arrangements: crown of mounds, rows of mounds, and field of mounds, with specific spacing requirements between mounds ranging from 20-50 feet.
The technical specifications require cultch material to have median rock sizes between 9-12 inches, with 50% of materials being less than 10 inches and only 10% passing through an 8-inch sieve. The water depth for the sub-tidal reef area is specified at 6.0 ft MLLW, while the intertidal area is about 2 ft MSL. Access to the project site must be via the Houston Ship Channel or Gulf Intracoastal Waterway using shallow-draft barges operable in 24 inches of water. The contractor must provide all materials for the initial project, though TPWD will work with the contractor to source donated concrete culverts for the recycled culvert placement area. No land access or marsh excavators are permitted, and habitat surveys will be provided to the winning contractor to assess potential damage to existing habitats.
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Addendum No. 02 Solicitation No. 802-25-52602 Page 1 of 5
Texas Parks and Wildlife Department
4200 Smith School Road
Austin, Texas 78744
ADDENDUM
Addendum Number: 1 Dated: December 13, 2024
Solicitation Number: 802-25-52602
Solicitation Title: Oyster Cultch Placement in Easy Galveston Bay in Subtidal and Intertidal locations
Due Date/Deadline: NEW: December 31, 2024; 2:00 PM C.T.
Purchaser: Vanessa Contreras, CTCD, CTCM
PURPOSE OF ADDENDUM: QUESTIONS AND ANSWERS/EXTENSION OF BID DUE DATE
Except as provided herein, all terms and conditions of the document referenced herein, remain unchanged and in full force and effect. The following are specifications to this solicitation. This Addendum may be attached to and form a part of the referenced solicitation document and any resulting awarded contract and may be considered in your response.
EXTENSION OF BID DUE DATE
BID DUE DATE HAS BEEN EXTENDED TO: DECEMBER 31, 2024 at 2:00 P.M. CST
QUESTIONS & ANSWERS
1. Question: Our firm has been in business for over three years, with our principals performing marine work for over 40 years combined. The RFP specifies five years of experience and no-startups. Can our firm be evaluated based upon our bonding capacity, past projects and company financial statements?
Answer: Per Section II 6. Evaluation and Award, Subsection 6.5. Step 2 Initial Evaluation, evaluation criteria as follows:
2. Question: The attachment drawings are blurry and cannot be read in multiple instances. Can the owner provide clearer attachment drawings?
Answer: See Full Design Plans and Figures, Attachment 6, and Shallow Water Access Plans, Attachment 7.
3. Question: Please clarify if we can work 7 days a week during daylight hours?
Answer: Yes, TPWD can accommodate that. This will require prior authorization by TPWD personnel.
4. Question: Attachments 2 does not give water elevations of the water depth around the project sites as is provided in the other attachments. Can the water depth information for attachments 2 be provided?
Answer: The water depth for the sub-tidal reef area is 6.0 ft MLLW
5. Question: Please confirm that all material for the initial project must be provided by the Contractor.
Answer: For the initial project, all material must be provided by the Contractor. For the recycled culvert placement area shown in Attachment 2, TPWD will work with the Contractor to source donated concrete culverts or other TPWD-approved donated materials, as stipulated in section 6.2.3.1: The recycled concrete culverts shown in the sub-tidal reef in Attachment 2 should be used if available for transportation costs only.
TPWD will work with the Contractor to secure the recycled material donation, if available. Otherwise, the material placed in the large sub-tidal reef pile should be consistent with the other cultch material described above.
6. Question: What is the estimated budget for the initial project?
Answer: This information cannot be provided.
7. Question: Please confirm that a bid bond is not required for submitting our RFP response.
Answer: Per Section I 13. Performance Bond Requirement, Subsection 13.3 -A Performance Bond must be furnished by the successful Contractor(s) for each project awarded and remain valid through the term of the project. All bonds submitted shall be the original form bearing original signatures and seal.
8. Question: Will there be a pre-bid meeting for this project?
Answer: No
9. Question: Can you tell me if there are any pre-construction or as-built surveys required to determine the height of material placed?
Answer: Not required. TPWD will be verifying height of material, as specified in RFP Section 6.5.5:
6.5.5 For all projects, cultch material on subtidal reefs shall not cause any unreasonable interference to navigation after deployment (unless otherwise specified in the construction plans provided by TPWD). Maximum height of placed cultch will not be shallower than three
(3) feet from the surface of the water at Mean Lower Low Water (MLLW) level. TPWD will conduct post-deployment sonar surveys within one (1) week of final cultch placement to verify that this specification is met. Reduction of reef height to meet specifications will be the responsibility of the contractor at no additional charge to TPWD. This does not apply to intertidal reefs which are placed in shallow nearshore waters that are not navigable by commercial vessels. Nautical charts for this area shall be updated to include these intertidal reefs them as hazardous shoal areas.
10. Question: This bid is not contingent on future bids, correct? Meaning I do not need to bid on this project to be a preferred vendor for future projects?
Answer: Correct, even if you don’t bid the initial project but meet all RFP minimum requirements, you can be awarded a blanket contract to be included on future projects as described in Section 3.
Solicitation Method and Intent. If you are not bidding Exhibit C, still return it and state no bid.
11. Question: Section 6.1.1.1; The west reef max elevation is 0.0 MSL but the existing elevation is at 0.0 based on the drawing. Please correct or provide additional information
Answer: The water depth for the intertidal area is about 2 ft. MSL. With the mounds being max height of 2 ft, their max elevation would then be 0.0 MSL. See additional drawings in Full Design Plans and Figure- Attachment 6.
12. Question: Section 6.2.3.1; The contractor is to transport recycled concrete culverts and install them. Please provide a location so that we can determine the cost to transport.
Answer: Location is TBD as these materials have not yet been sourced.
13. Question: Section 6.2.4; The size limits of the material when placed will exceed the max elevation at that location based on the drawing. Please correct or provide additional information.
Answer: A majority of the cultch material will be less than 12 inches. The proposed mound heights assume there will be a bit of settlement of the material into the sediment.
To minimize cultch movement, median rock size will be between 9 and 12 inches. 50% of materials will be less than 10 inches. Each of the reefs will consist of mounds placed in three different configurations.
The different reef configurations will be studied to determine the best configuration for oyster colonization and growth which can be extrapolated to future oyster reef projects along the Texas coastline.
Mounds in the West reef will be shaped like truncated pyramids, 2 feet high with a 12-foot diameter base and sides with a 3 to 1 slope. Mounds in the Middle and East reefs will also be shaped like truncated pyramids, 3 feet high with an 18-foot diameter base and sides with a 3 to 1 slope. The slope is intended to better dissipate wave energy than a steeper slope.
The maximum elevation of the crests of the mounds nearest the shore would be mean sea level (MSL) (1.8 feet above NAVD88) for the West reef and 1.0 feet above MSL (2.8 feet above NAVD88) for the Middle and East reefs. The heights of the mounds in each reef would remain the same but the elevation of their crests would decrease with their distance from shore as water depth increased.
The elevation of 1-foot above MSL for the Middle and East reefs was selected for several reasons.
Observations by FNI biologists along the Texas coast indicate oysters colonize substrates up to 0.5 feet above MSL. In recent years the upper Texas coast has experienced sea level anomalies resulting in persistent water levels one to two feet above predicted levels for months at a time. FNI communication with NOAA indicates the tidal datum for Galveston Bay will rise at least 4 inches in the next revision of tidal datums.
The west end of each reef will have mounds placed in rows that alternate in length, and which are placed at an angle to the shore. This configuration is referred to as the “crown of mounds” configuration. The crests of mounds are at least 20 feet apart in this configuration in the West reef and are at least 25 feet apart in the Middle and East reefs.
The middle of each reef will have mounds in rows of equal length which are nearly perpendicular to the shore about 40 feet apart in the West reef. Rows in the Middle and East reefs will be 50 feet apart.
The crests of mounds in each row will be 25 feet apart. This configuration is referred to as “rows of mounds”.
The east side of each reef will have mounds placed with crests separated by 20 feet in the West reef and by 25 feet in the Middle and East reefs. This configuration is named the “field of mounds”. This configuration provides the greatest density of mounds allowable in the space provided while maintaining adequate distance between each mound.
Each mound would be approximately 2 feet tall (West reef) or 3 feet tall (Middle, East reefs) and at least 10 feet apart from other mounds. The distance between the mounds is to ensure adequate nutrient supply and waste removal for oysters.
14. Question: Other cultch specs are mentioned to be provided after award, but not given so how do we determine cost?
Answer: For the initial project, specs are in the RFP Section 6. After award of initial project, per RFP Section 3.2, TPWD will identify additional projects and send the SOW to all awarded Contractor(s) to provide a quote.
15. Question: Section 6.2.6; On the five percent max fines. 5% of what, measured how?
Answer: When TPWD inspects the cultch, TPWD will use a square sieve containing measured openings to verify the size of the materials. For the initial project, a 5-gallon bucket will be filled with the provided cultch material and then dumped into 3 different sieves, one with holes measuring 18 inches, one with holes measuring 10 inches, and one with holes measuring 8 inches. 10% of the material in the bucket should pass through an 8-inch sieve.
16. Question: Section 6.4.1; TPWD will designate access routes. We need TPWDs routes in order to determine the cost.
Answer: See Shallow Water Access Plans, Attachment 7.
17. Question: Section 6.4.5.5; On impacts to submerged habitat. Can we use marsh excavator to access the shallow areas?
Answer: No land access will be allowed. The goal of the Shallow Water Access Plan for the project is to protect existing bay bottom habitat during transportation of materials and construction equipment to the project area. The contractor will employ up-to-date water level information to maximize the available load and minimize the duration of construction work while avoiding impacts to bottom habitats.
The following requirements and/or restrictions will be employed:
The project access will be via the Houston Ship Channel or the Gulf Intracoastal Waterway (GIWW).
Equipment staging will be from large barges anchored in East Galveston Bay or along the GIWW. Fill material will be light loaded onto a shallow-draft barge.
The Contractor will transport materials and equipment to the intertidal oyster reef via the access route as shown in attachment “Shallow Water Access Plans”.
Contractor shall use shallow-draft barges, or equivalent. Barges and push boats shall be operable in 24 inches, or 2 feet, of water.
All personnel, including vessel operators, will be trained on the various techniques and procedures required to maintain the prescribed vessel clearance.
A single person will be responsible for (a) clearing each vessel movement in advance based on tide level and vessel draft; (b) evaluating tide predictions to assure that planning for vessel and cargo movements includes provisions for lightening barges or coming up with shallower draft barges or push boats as warranted; (c) inspecting route markers daily and replacing all missing markers within
12 hours; (d) compiling all vessel logs; and (e) providing logs to the Texas Parks and Wildlife Department (TPWD) or its appointed representative for submittal to the U.S. Amy Corps of Engineers.
The designated access routes will be staked clearly to ensure that vessel operators can easily follow the access route which will be placed in order to prevent barges passing over oyster reefs.
18. Question: Section 6.5.3 and 6.5.4; What is the conversion factor from tons to cubic yards?
Answer: It depends on the type of material, but in past projects using rock, we’ve estimated about
1.068 tons per cubic yard.
19. Question: Overall the drawings are inaccurate or insufficient to determine access to the shallow locations and how to achieve the required elevations.
Answer: See Full Design Plans and Figures, Attachment 6, for further clarification.
20. Question: What is the mound height for the intertidal and subtidal portions of the project?
Answer: Ranging from 2-3 ft.
21. Question: Is the location of the intertidal project on private lands?
Answer: No
22. Question: What is the proximity of the intertidal portion of this project to the 300’ no harvest buffer?
Answer: The intertidal portion of this project is partially included in the 300’ no harvest buffer.
23. Question: Can marsh excavators be used for construction?
Answer: No.
24. Question: Are habitat surveys available for these areas that will be used to assess damage to habitats that may occur from these projects?
Answer: Yes, these surveys are available and will be provided to the winning Contractor.
Respondents are to acknowledge receipt of this Addendum. Return a signed copy of this notice with your response submission.
I acknowledge receipt of this Addendum.
Respondent Company Name
Respondent’s Authorized Signature Date
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AutoCAD SHX Text SUBTIDAL REEF: MOUND HT. = 3.0 FT = 3.0 FT FT MAX EL. =-3.0 MLLW =-3.0 MLLW MLLW MOUNDS =112 MOUNDS =112 MOUNDS MOUNDS PILES =56 PILES =56 PILES PILES CULVERTS =0.132 ACRES=0.132 ACRESACRES
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OYSTER REEF CONSTRUCTION BOUNDARY
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AutoCAD SHX Text NOTES: 1) CULVERTS TO BE PLACED IN A RANDOM CULVERTS TO BE PLACED IN A RANDOM ORIENTATION, AT LEAST 10 APART FROM THE CENTROIDS, AND MUST BE 36" IN DIAMETER OR SMALLER. 2) ALL ELEVATIONS ARE SHOWN IN NAVD88.ALL ELEVATIONS ARE SHOWN IN NAVD88.
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AutoCAD SHX Text SUBTIDAL REEF: MOUND HT. = 3.0 FT = 3.0 FT FT MAX EL. =-3.0 MLLW =-3.0 MLLW MLLW MOUNDS =112 MOUNDS =112 MOUNDS MOUNDS PILES =56 PILES =56 PILES PILES CULVERTS =0.132 ACRES=0.132 ACRESACRES
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AutoCAD SHX Text NOTES: 1) CULVERTS TO BE PLACED IN A RANDOM CULVERTS TO BE PLACED IN A RANDOM ORIENTATION, AT LEAST 10 APART FROM THE CENTROIDS, AND MUST BE 36" IN DIAMETER OR SMALLER.
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OYSTER REEF RESTORATION FEASIBILITY
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NICHOLAS KIRK P.E.
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NICHOLAS KIRK P.E.
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BIDDING OR PERMIT PURPOSES.
NICHOLAS KIRK P.E.
Attachment 7 µFreese and Nichols, Inc.
10431 Morado Circle Suite 300 Austin, Texas 78759 Phone: 512-617-3100 Fax: 512-617-3101
Texas Parks and Wildlife Department
Shallow Water Access Plan Document Path: H:\ENVIRONMENTAL\Final_Exhibits\Intert idal\1_Shallow Water Access Plan_Intertidal.mxd Coordinate System: NAD 1983 2011 StatePlane Texas South Central FIPS 4204 FtUS
Figure
FN JOB NO
TGL19385
FILE NAME
1_Shallow Water Access Plan_Intertidal.mxd
DATE
SCALE
DESIGNED
02588
1/27/2021
1:150,000
Gulf of Mexico
Galveston County, Texas
Project Area Intertidal Oyster Reef
0 12,0006,000 Feet
1 inch equals 2.37 miles
Galveston Bay
Equipment/Barge Staging Area
Option 2 along the GIWW
Equipment/Barge Staging Area
Option 1 adjacent to HSC
H ouston
Sh ip C hanne l (H S
C
Gul f In tracoasta l Waterway (GIW W)
Project Area Intertidal Oyster Reef
Project Area Intertidal Oyster Reef
Attachment 7
| Attachment 7_Shallow Water Access Plans.pdf |
| Binder6.pdf |
| Binder5.pdf |
| Draft Oyster Reef Engineering Final Report Final draft with App A and B Aug 27 2021.docx.pdf |
| Binder1.pdf |
| Draft Oyster Reef Engineering Final Report Final draft Aug 27 2021.pdf |
| Alt Analysis Final Draft with attachments Aug 27 2021.pdf |
| Binder3.pdf |
| Binder2.pdf |
| Alternatives Analysis report final draft Aug 27 2021.pdf |
| Attachment 1 Final draft Aug 27 2021.pdf |
| First in App A Intertidal survey summary report Nov 4 2019.pdf |
| Second in App A Reef survey summary report Dec 3 2019.pdf |
| Draft East Bay Survey report July 16 2020.pdf |
Alternatives Analysis report final draft Aug 27 2021
Attachment 2 Draft Subtidal Site 5 Survey report November 16 2020.pdf
Attachment 3 Concrete pipe investigation memo.pdf
| Appendix B Restoration_Siting_Report_FINAL_2020-04-01.pdf |
| Restoration Siting Report for East, Trinity, and Galveston Bays |
| Table of Contents |
| Abbreviations |
| 1 Introduction |
| 2 Data |
| 2.1 Physical |
| 2.1.1 Bathymetry – Data Source |
| 2.1.2 Bathymetry – Data Processing |
| 2.2 Chemical |
| 2.2.1 Salinity – Data Source |
| 2.2.2 Salinity – Data Processing |
| 2.3 Biological |
| 2.3.1 Historical and Existing Oyster Reefs |
| 2.3.1.1 Historical Oyster Reefs |
| 2.3.1.2 Existing Oyster Reefs |
2.3.2 Seagrasses
| 2.4 Logistical and/or Regulatory |
| 2.4.1 Shoreline |
| 2.4.2 Public Access Boat Ramps |
| 2.4.3 Oyster Lease Areas |
| 2.4.4 Navigation Channels |
| 2.4.5 Chambers-Liberty Counties Navigation District |
| 2.5 Qualitative |
| 2.5.1 Erosion/Accretion of Adjacent Shoreline |
| 2.5.2 Distance from Source of Spat |
| 2.5.3 Proximity to Salt Marsh |
| 2.5.4 Distance from Commercially Harvested Reefs |
| 3 Suitability Index Algorithm |
| 3.1 Suitability Index for Individual Characteristics |
| 3.1.1 Bathymetry |
| 3.1.2 Salinity |
| 3.1.3 Historical Oyster Reefs No Longer in Existence |
| 3.1.4 Seagrasses |
| 3.1.5 Shoreline |
| 3.1.6 Public Access Boat Ramps |
| 3.1.7 Oyster Lease Areas |
| 3.1.8 Navigation Channels |
| 3.1.9 CLCND Tracts |
| 3.1.10 Rollover Pass |
| 3.2 Weights |
| 3.3 Overall Suitability Index |
| 4 Recommended Restoration Sites |
| 4.1 Preliminary Sites |
| 4.2 Final Sites |
| 5 Future Opportunities |
| 6 References |
| Tables |
| Table 2-1 Summary of Characteristics |
| Table 3-1 Suitability Index Criteria and Weights |
| Figures |
| Figure 1-1 Study Area |
| Figure 2-1 Total Annual Flow Volumes at USGS Station Closest to Mouth of Trinity River with a Multi-Decadal Historical Record |
| Figure 3-1 Relationship Between Oyster Suitability Index and Mean Annual Salinity |
| Figure 4-1a Intertidal Site Recommendation: intertidal1 |
| Figure 4-1b Intertidal Site Recommendation: intertidal2 |
| Figure 4-1c Intertidal Site Recommendation: intertidal3 |
| Figure 4-1d Intertidal Site Recommendation: intertidal4 |
| Figure 4-1e Intertidal Site Recommendation: intertidal5 |
| Figure 4-1f Intertidal Site Recommendation: intertidal6 |
| Figure 4-1g Intertidal Site Recommendation: intertidal7 |
| Figure 4-2a Subtidal Site Recommendation: subtidal1 |
| Figure 4-2b Subtidal Site Recommendation: subtidal2 |
| Figure 4-2c Subtidal Site Recommendation: subtidal3 |
| Figure 4-2d Subtidal Site Recommendation: subtidal4 |
| Figure 4-2e Subtidal Site Recommendation: subtidal5 |
| Appendix C - Reef Design with specifications.pdf |
| Appendix C - Reef Design.pdf |
| TGL19385_OPCC_InterTidal |
| TGL19385_OPCC_SubTidal |
| TGL19385_PLANS_CT-ALL-3D-OYS |
| Bid specifications.pdf |
| Binder1.pdf |
| 00 01 01 Project Cover Sheet |
| 00 01 07 Design Professional Seals |
| 00 01 10 Table of Contents |
| 00 11 16 Invitation to Bid |
| Article 1 – General Notice |
| 1.01 The Texas General Land Office (Owner) is requesting Bids for the construction of the following Project: |
| 1.02 Description of the Work |
| A. Construct three [3] inter-tidal reef complexes and one [1] sub-tidal reef complex: |
1.03 The Owner’s Budget for the Project is $[1,000,000]. The Project is to be substantially complete and ready for operation on or before [8/1/2022]. The Project is to be complete and eligible for final payment [60] days after the date for Substantial Completion.
| Article 2 – Examination and Purchase of Documents |
| 2.01 Advertisement and bidding information for the Project can be found at the following procurement website: |
| 2.02 Prospective Offerors must register with the procurement website as a plan holder, even if the Contract Documents are obtained from a plan room or other site. All official notifications, Addenda, and other documents will be offered only through the procurement website. |
| 2.03 The Contract Documents may be downloaded from the procurement website by prospective Offerors registered as plan holders. Offerors are responsible for ensuring that a complete set of documents, as defined in Section 00 52 13 “Agreement,” are used in the preparation of their Bids. The documents are made available for the sole purpose of obtaining Bids for completion of the Project and permission to download does not confer a license or grant permission or authorization for any other use. Authorization to download documents includes the right for Offerors to print documents for their sole use, provided they pay all costs associated with printing or reproduction. Printed documents may not be re-sold under any circumstances. |
| 2.04 The procurement website will be updated periodically with Addenda, lists of interested parties, reports, or other information relevant to submitting a Bid for the Project. |
| 2.05 Printed copies of the Contract Documents, Technical Data, and other information may be examined free of charge at the following address: |
| Article 3 – Pre-Bid Conference |
| 3.01 A mandatory pre-bid conference for the Project will be held on [11/8/21] at the following location: |
| Article 4 – Questions Regarding Bidding Process or Solicitation Documents |
| 4.01 Questions are to be submitted using the question and answer process on the procurement website. Responses to questions posted on the procurement website will be posted for the benefit of all Offerors. A response will be posted for questions submitted until 12:00 p.m. on [12/6/21]. |
| 4.02 A response to a question posted on the procurement website that requires modification of the Contract Documents will be made by Addenda. Modifications to the Contract Documents prior to the award of the Contract can only be made by Addenda. Only answers in Addenda posted on the procurement website will be binding. Oral and other interpretations or clarifications will be without legal effect. |
| Article 5 – Bid Security |
| 5.01 Offerors must submit an acceptable Bid Security with their Bids as a guarantee that the Successful Offeror will enter into a contract for the Project with the Owner within 15 days of Notice of Award of the Contract. The Bid Security must be payable to The Texas General Land Office in the amount of 5 percent of the proposed Contract Price. The Successful Offeror must execute the Contract and bonds on the forms provided in the Contract Documents and provide evidence of insurance as required by the Contract Documents. |
| 5.02 Bid Security must be in the form of a bid bond. The bid bond may be submitted on the form provided in Section 00 43 13 “Bid Bond” or Offerors may provide their surety’s standard penal sum bid bond form. The bid bond must reference the Owner and the Project by name as identified in this Section. |
| Article 6 – Delivery of Bids |
| 6.01 Sealed Bids must be delivered to the Owner at the address below no later than [1/10/22 10:00 AM] to be accepted. The Bids will be publicly opened and read aloud at this time and place including the names of the Offerors and their Bids. Bids received after this time will be returned unopened. Address Bids to the Owner as follows: |
| 6.02 All Bids delivered at least 30 minutes before the time designated in Paragraph [6.01] must be delivered to the address shown in Paragraph [6.01]. |
| 6.03 All Bids delivered less than 30 minutes before the time designated in Paragraph [6.01] must be delivered to the following address: |
| Article 7 – Award of Contract |
| 7.01 It is the intent of the Owner to award this Contract to the lowest responsible Offeror. The Owner reserves the right to adopt the most advantageous interpretation of the Bids submitted in the case of ambiguity or lack of clearness in stating bid prices, to reject any or all Bids, and/or waive formalities. Bids will remain subject to acceptance and may not be withdrawn within 60 days from the date on which Bids are opened. |
| Article 8 – Other Contract Requirements |
| 8.01 Selected Contractor will be required to pay the prevailing wage rates established for this Project in accordance with the Contract Documents and Tex. Gov’t Code Chapter 2258. |
| 8.02 Performance and payment bonds will be required for this Project. |
| 00 21 13 Instructions to Offerors |
| Article 1 – Defined Terms |
| 1.01 The terms used in these Instructions to Offerors have the meanings assigned to them in the General Conditions and Supplementary Conditions. |
| Article 2 – Receipt of Bids |
| 2.01 Refer to Section 00 11 16 “Invitation to Bid” for information on receipt of Bids. |
| Article 3 – Copies of Contract Documents |
| 3.01 Obtain a complete set of the Contract Documents as indicated in Section 00 52 13 “Agreement.” |
| 3.02 Use complete sets of Contract Documents in preparing Bids. Offeror assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents. |
| 3.03 Owner makes copies of Contract Documents available for the sole purpose of obtaining Bids for completion of the Project and does not confer a license or grant permission or authorization for any other use. |
| Article 4 – Qualifications Statement |
| 4.01 Submit information as required in Section 00 45 13 “Qualifications Statement” within 5 days of the date Bids are due if requested to do so by the Owner. |
| Article 5 – Examination of the Contract Documents and the Site |
| 5.01 Examine the Contract Documents, the Site, and other information readily available before submitting a Bid. |
| A. Examine the Contract Documents and supplemental data: |
| B. Become familiar with all federal, state, and local Laws and Regulations that may affect cost, progress, or the completion of Work. |
| C. Visit the Site to become familiar with any general, local, or Site conditions that may affect the cost, progress, or performance of the Work in any manner. The Site is generally accessible to the public. Coordinate access to private property through the Owner. A tour of the Site will be conducted at the pre-bid conference. |
| D. Subsurface exploration is not allowed. |
| E. The submission of a Bid will constitute an incontrovertible representation by the Offeror that the Offeror has complied with every requirement of this Article, and that without exception the Bid is premised on the following: |
| Article 6 – Pre-Bid Conference |
| 6.01 A mandatory pre-bid conference will be held at the time and location indicated in Section 00 11 16 “Invitation to Bid.” Bids will not be accepted from Offerors who do not attend the conference. It is the Offerors’ responsibility to sign in at the pre-bid conference to verify their participation. |
| Article 7 – Interpretations and Alternate Bids |
| 7.01 Submit all questions about the meaning or intent of the Contract Documents, Addenda, and the related supplemental data to the Construction Manager using the procurement website as indicated in Section 00 11 16 “Invitation to Bid.” |
| 7.02 Submit any offer of alternate terms and conditions or offer of Work not in strict compliance with the Contract Documents to the Construction Manager no later than 10 days after the date Project is advertised. Construction Manager and Design Professional will issue Addenda as appropriate if any of the proposed changes to the Contract Documents are accepted. A Bid submitted with clarifications or taking exceptions to the Contract Documents, except as modified by Addenda, will be considered non-responsive. |
| 7.03 Offeror may submit a separate and additional Bid if the Offeror includes exceptions or the Offeror wishes to make a Bid that is not in accordance with the terms and conditions of the Contract Documents, or for Work that is not in strict compliance with the Contract Documents. Describe the intent and substance of the changes in the additional Bid in adequate detail so they are clearly understood. Alternate Bids will not be considered in the evaluation of the Bids. Upon selection of the Bid of the lowest responsible Offeror, and after the award of the Contract, the Construction Manager may issue a Request for a Change Proposal if Owner chooses to accept any Bid alternates. |
| 7.04 Addenda may be issued to clarify, correct, or change the Contract Documents, Addenda, or the related supplemental data as deemed advisable by the Owner or Designer. |
| Article 8 – Bid Security |
| 8.01 Offerors must submit an acceptable bid bond as Bid Security with their Bids as required by Section 00 11 16 “Invitation to Bid.” The acceptable bid bond must be issued by a surety legally authorized to do business in Texas and meet the requirements of the General Conditions. |
| 8.02 Owner may annul the Notice of Award and retain the Bid Security of the apparent Successful Offeror upon Offeror’s failure to execute and deliver the Agreement or Amendments to the Agreement. |
| 8.03 Bid Securities are to remain in effect until the Contract is executed. Bid bonds will become void when the Contract is awarded, or all Bids are rejected. |
| Article 9 – Contract Times |
| 9.01 The Project must be completed no later than the dates indicated in Section 00 11 16 “Invitation to Bid.” Offeror is to enter in the number of days proposed to Substantially Complete the Project and to complete the Work required for final payment in accordance with the General Conditions in Section 00 41 16 “Bid Form Exhibit A.” These dates will be used to calculate the Substantial Completion and Final Completion dates from the date of the Notice to Proceed and will be used to define the Contract Times. Liquidated damages as defined in the Agreement will start to accrue after these dates. |
| Article 10 – Liquidated Damages, Retainage, and Interest |
| 10.01 Provisions for liquidated damages and the payment of retainage and interest are set forth in the Agreement. |
| Article 11 – Preparation of the Bid Form |
| 11.01 The Bid Form is included with the Contract Documents and is also available at the procurement website. Complete all blanks on the Bid Form by typing or printing in ink. Indicate prices for each item or alternate shown in the Bid Form. |
| 11.02 The unit price governs if a conflict exists between the extended amount derived by multiplying the unit price by the stated quantity of units and the extended amount shown in the Bid Form. |
| 11.03 Execute the Bid Form as indicated in the document and include evidence of authority to sign. |
| 11.04 Acknowledge receipt of all Addenda by filling in the number and date of each Addendum. Provide a signature as indicated to verify that the Addenda were received. A Bid that does not acknowledge the receipt of all Addenda may be considered non-responsive. |
| 11.05 Provide the name, address, and telephone number of the individual to be contacted for any communications regarding the Bid in the Bid Form. |
| 11.06 Provide evidence of the Offeror’s authority and qualification to do business in Texas or agree to obtain such qualification prior to award of the Contract. Failure to obtain this qualification will render the Bid non-responsive and Offeror will forfeit its Bid Security. |
| Article 12 – Confidentiality of Bid Information |
| 12.01 The Owner is a governmental body subject to the limitation of Tex. Gov’t Code Chapter 552 and has limited obligations with regard to protecting confidential information submitted by Offerors. Bids will be opened in a manner that avoids disclosure of trade secrets and confidential information to competing Offerors and keeps the Bids from the public until a contract is awarded. The Owner will protect trade secrets and confidential information to the extent allowed by Laws and Regulations. |
| 12.02 Clearly indicate which specific documents are considered to be trade secrets or confidential information by stamping or watermarking all such documents with the word “confidential” prominently on each page or sheet or on the cover of bound documents. Place “confidential” stamps or watermarks so that they do not obscure any of the required information on the document, either in the original or in a way that would obscure any of the required information in a photocopy of the document. Submit all confidential information in a different binder so this confidential material is separate for the rest of the Bid. |
| 12.03 The Owner, upon receiving an application or other request for the disclosure of confidential information, will promptly notify Offeror of the request as required by Section 552.305 and request a ruling by the Texas Attorney General as to whether any such information may be released. |
| 12.04 Offeror acknowledges and agrees that it will be solely responsible for submitting any arguments, authorities, or other information to the Attorney General of Texas regarding release of the information marked as confidential as provided by Section 552.305(b) and that if disclosure is required, the Owner has no liability for releasing this information and Offeror will not be entitled to exercise any remedy for a disclosure made pursuant to the Chapter 552. |
| 12.05 The obligations of the Owner as recipient with respect to confidential information under the terms of this Agreement are subject to the following exceptions: |
| A. If confidential information becomes a part of the public domain through publication or otherwise but through no fault of the Owner; |
| B. Owner can demonstrate through suitable documentation that the confidential information was already in the Owner’s possession or otherwise publicly available prior to the date of disclosure hereunder; |
| C. The confidential information is subsequently disclosed to the Owner by a third party who has a lawful right to disclose such information; or |
| D. The Owner is required to disclose the confidential information by court order or by applicable law. |
12.06 If the Owner is requested or becomes legally compelled (by oral questions, interrogatories, requests for information or documents, subpoena, civil or criminal investigative demand, public information requests, including requests under Chapter 552, or similar process) or is required by a regulatory body to make any disclosure that is prohibited or otherwise constrained by this Agreement, the Owner will provide Offeror with prompt notice of this request so that it may seek an appropriate protective order or other appropriate remedy.
| Article 13 – Delivery of Bids |
| 13.01 Complete and deliver the Bid Form along with all required documents identified in the Bid Form. |
| 13.02 Submit the Bid no later than the date and time prescribed and at the place indicated in Section 00 11 16 “Invitation to Bid.” Enclose the Bid in an opaque sealed envelope plainly marked with the Project name and the name and address of the Offeror, along with the Bid Security and other required documents. Enclose the sealed envelope containing the Bid in a separate envelope plainly marked on the outside with the notation “BID ENCLOSED” if the Bid is sent by mail or other delivery system. Address the outer envelope to the mailing address shown in Section 00 11 16 “Invitation to Bid.” Offeror assumes full responsibility for ensuring that the Bid arrives at the prescribed location before the prescribed time. |
| Article 14 – Modification or Withdrawal of Bids |
| 14.01 Modify or withdraw a Bid using a document executed in the same manner that a Bid must be executed. Deliver the document to the place where Bids are to be submitted prior to the date and time for the opening of Bids. |
| 14.02 An Offeror may withdraw its Bid within 24 hours after Bids are opened if the Offeror files a 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 its Bid. The Bid Security will be returned if it is clearly demonstrated to the Owner that there was a material and substantial mistake in its Bid. An Offeror that requests to withdraw its Bid under these conditions may be disqualified from responding to a reissued Invitation to Bid for the Work to be furnished under these Contract Documents. |
| Article 15 – Opening of Bids |
| 15.01 Bids will be opened at the time and place indicated in Section 00 11 16 “Invitation to Bid.” The Owner will publicly acknowledge receipt of Bids received in time to be considered and then open and read aloud the names of the Offerors and the amount bid as required by applicable Laws and Regulations. |
| Article 16 – Bids to Remain Subject to Acceptance |
| 16.01 All Bids will remain subject to acceptance for the number of days specified in Section 00 11 16 “Invitation to Bid.” The Owner may, at its sole discretion, release any Bid and return the Bid Security prior to the end of this period. |
| Article 17 – Evaluation of Bids |
| 17.01 The Owner will consider the proposed Contract Price and Contract Times and the qualifications of the Offerors to determine the lowest responsible Offeror. |
| 17.02 Owner will consider earlier completion dates in selecting the Contractor for the Project. The value of this early completion will be determined by calculating the number of days between the Offeror’s proposed completion dates and the Owner’s completion dates indicated in Section 00 11 16 “Invitation to Bid.” This number of days will be multiplied by the Liquidated Damages amounts indicated in the Agreement to determine the value of early completion. This value for early completion will be used to adjust the Contract Price when evaluating the proposed Contract Price. The calculation is solely for the evaluation of Bids and does not alter the Contract Price from the amounts included in the Bid. |
| 17.03 Owner may conduct such investigations as it deems necessary to establish the responsibility, qualifications, and financial ability of consultants, individuals, or entities proposed to furnish parts of the Work in accordance with the Contract Documents. |
| 17.04 Each Offeror agrees to waive any claim it has or may have against the members of the OPT and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any Bid. |
| 17.05 Notwithstanding any other provision of the Contract Documents, it is stipulated and agreed that by accepting a Bid, the Owner has not and does not waive its sovereign immunity from suit and/or liability. |
| Article 18 – Award of Contract |
| 18.01 Owner reserves the right to reject any and all Bids, including non-conforming, non-responsive, or conditional Bids. The Owner may also reject the Bid of any Offeror if the Owner believes that it would not be in the best interest of the Owner to make an award to that Offeror. The Owner reserves the right to waive all formalities. |
| 18.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered, except as additional Bids in accordance with Article [7]. Reasonable grounds for believing that any Offeror has an interest in more than one Bid for the Work will be cause for disqualification of that Offeror and the rejection of all Bids in which that Offeror has an interest. |
| 18.03 The Contract will be awarded to the lowest responsible Offeror if a contract is to be awarded. |
| 18.04 Owner may consider the following in evaluating the Bids and awarding the Contract: |
| A. Offeror's qualifications and ability to demonstrate current capability to complete the Project in conformance with the requirements of the Contract Documents. |
| B. Compliance of the Bids with requirements of the Contract Documents. |
| C. Alternates and unit prices if requested in the bid forms. |
| D. The amount bid. |
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