ESBD_File_341317_Proposal Document 24-DR-04 FINAL.pdf

Invitation to Bid

Solicitation Type and Name: Invitation to Bid for The UTRGV Edinburg Campus Hike and Bike Trail (IFB 24-DR-04).

Solicitation Number: IFB 24-DR-04

Summary of Work: The University of Texas Rio Grande Valley (UTRGV)is accepting bids from qualified bidders for the Construction of Campus Hike and Bike Trail on the UTRGV Campus.

Bid opening: Sealed “Electronic” Bids addressed UTRGV on the Bonfire Portal will be received on November 29, 2023 at 2:00 PM CST at which time shall be publicly opened in a Zoom meeting.

Bidders will find the Zoom link on the Bonfire Portal to hear and see the results. All bid responses are only to be submitted electronically through the Bonfire bidding portal: November 29, 2023, before the aforementioned date and time. Original, hard copy, and /or late bids shall not be accepted.

Pre-Submittal Conference: Bidders may call into Zoom meeting link to meet via conference call on Thursday, November 16, 2023 at 10:00 a.m. CST. All prospective bidders are encouraged to be in attendance via Zoom meeting call.

Donna Rodriguez is inviting you to a scheduled PreProposal Zoom meeting.

Join Zoom Meeting https://utrgv.zoom.us/j/8598722529

Meeting ID: 859 872 2529

Bidders receiving a “NOTICE TO BIDDERS” AND/OR “REQUEST FOR BIDS” notice via e-mail, fax or reading same in the newspaper are advised that they shall be required to go online to our Bidding Portal Bonfire for project details and submittal of bid pricing. Bids are to be submitted electronically only. If this is your first time in our portal, click on the “New Vendor Registration” to create your Free Bonfire account at the following link:

https://utrgv.bonfirehub.com/login

To enter your bid prices, Please select the appropriate Project and enter your bid prices on an Excel Bid Table provided in the required documents. No hard copy bid submittals shall be accepted.

Bond A Hard copy of the Bid Bond from a reliable surety company licensed to operate in the State of Texas or certified Cashier’s Check, payable without recourse to University of Texas Rio Grande Valley, for the amount of not less than five(5) percent (%) of the total bid shall accompany the bid as a guaranty that , if awarded the contract, the bidder will enter into a contract with UTRGV. (Bid Bond must be received on or before the bid opening date and time).

Hand-deliver bid Bond:

If using Land Courier (ie., FedEx, UPS):

Please deliver to:

UTRGV

University Financial Services Building Room: First Floor, Room # 1.128 2406 W. University Edinburg, TX 78539

Mail Bid Bond to: UTRGV University Financial Services Building (EUNSF) Room: First Floor, Room # 1.128 1201 W. University Edinburg, TX 78539

Bid Bond shall be delivered in a sealed envelope and clearly marked as follows:

BOND BID FOR PROJECT NO. IFB 24-DR-04

ATTENTION: Donna Rodriguez, CTCD

WAGE RATES

This project is to be financed with Federal Highway Administration (FHWA) Funds and the Davis- Bacon Act will apply. Minimum labor rates as established by the Secretary of Labor shall apply and a schedule of labor classification and wage rates to be paid as published in the Federal Register are included in the specifications and will be made a part of the contract.

DBE Policy The proposed project is financed in part by Federal funds. It is the policy of the Department of Transportation (DOT) that minority business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds.

Notice of Requirement of Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246), as amended).

PRE-QUALIFICATION REQUIREMENTS

It is OPTIONAL for bidders interested in submitting a bid to be prequalified through TXDOT as an approved vendor.

GENERAL

UTRGV reserves the right to refuse and reject any or all Bids and to waive any or all formalities or technicalities, and to award to the low responsive and responsible bidder, and to hold bids for a period of Ninety (90) calendar days without taking action thereon. Be advised that if your company is contemplating on responding to this project you must register on our portal so that any changes and/or additions via Addendum form can be forwarded to your company.

Applicable Product Categories: 91240 Demolition, Curb and Gutter 91319, 91362 Construction, Concrete.

Proposal Document - Table of Contents Invita on to Bid………………………………………………………………………………………………………………………………………………...1 Proposal Document IFB 23-DR-04 Edinburg Campus Hike and Bike Trail……………………………………….……………….…..4 Bonfire Bid Tabula ons…………………………………………………………………………………………………………………………………….13 Bonfire Ques onnaire………………………………………………………………………………………………………………………………………15 DBE Requirements……………………………….…………………………………………………………………………………………………………..16 Exhibit B - Texas Prevailing Wage Guidelines…………………………………………………………………………………………………….17 Exhibit C - Performance Bond……………………………………………………………………………………………………………………………27 Exhibit D - Sample Agreement…………………………………………………………………………………………………………………………..30 Exhibit E - UTRGV Safety Manual……………………………………………………………………………………………………………………..41 Exhibit F - Davis Bacon Wage Rate………………………………………………………………………………………………………………..….74 Exhibit H – HSP - HUB Subcontrac ng Plan Forms…………………………………………………………………………………………...80 Exhibit J - Payment Bond………………………………………………………………………………………………………………………………….89 TXDOT Standard Specifica ons 1L -9L Local Government General Requirements and Covenants……………………………………………………………………..95 2L - Instruc on to Bidders………………………………………………………………………………………………………………………………107 3L - Award and Execu on of Contract………………………………………………………………………………………………………….…113 4L - Scope of Work……………………………………………………………………………………………………………………………………….…116 5L - Control of the Work………………………………………………………………………………………………………………………………...120 6L - Control of Materials………………………………………………………………………………………………………………………………...126 7L - Legal Rela ons and Responsibili es………………………………………………………………………………………………………...131 8L - Prosecu on and Progress………………………………………………………………………………………………………………………...141 9L - Measurement and Payment………………………………………………………………………………………………………………….….150 TXDOT Special Provisions Form FHWA 1273……………………………………………………………………………………………………………………………………………156 TXDOT Wage Rates………………………………………………………………………………………………………………………………………….169 Special Provision to Item 000 Nondiscrimina on …………………………………………………………………………………………..172 Special Provision to Item 000 Cer fica on of Nondiscrimina on in Employment……………………………………………174 Special Provision to item 000 No ce of Requirement for Affirma ve Ac on to Ensure EEO…………………………….175 Special Provision to Item 000 Standard Fed EEO Construc on Contract Specs………………………………………………..179 Special Provision to Item 000 Cargo Preference Act Requirements in Fed Aid Contracts…………………………………183 Special Provision to Item 000 Disadvantages Business Enterprise in Federal-Aid Contracts…………………………… 184 Special Provision to Item 000 Schedule of Liquidated Damages……………………………………………………………………..191 Special Provision to Item 2 L - Instruc on to Bidders………………………………………………………………………………………192 Special Provision to Item 006 -Control of Materials………………………………………………………………………………………..193 Special Provision to Item 7L Legal Rela ons and Responsibili es……………………………………………………………………194 Special Provision to Item 9L Measurement and Payment……………………………………………………………………………

23 CFR 635.109.………………………………………………………………..…………………………………………………………………………...198

23 CFR 635.410 Buy America requirements………………………………………………………………………………………………..….200 Bidder Cer fica on…………………………………………………………………………………………………………………………………….….202 CFR 200.216 and 2 CFR 200.471 - Prohibi on on Certain Telecommunica ons Equipment or Services……….….203

CHILD SUPPORT STATEMENT……………………………………………………………………………………………………………………….…204

Contractor's Assurance……………………………………………………………………………………………………………………………… FHWA policy prohibits the use of convict labor and material for projects………………………………………………………206 Texas Reciprocity Statutes - SB 741……………………………………………………………………………………………………………..…207 Other Documents that require Signature Conflict of Interest Ques onnaire (Form CIQ)…………………………………………………………………………………………..……209 Debarment Cer fica on……………………………………………………………………………………………………………………………..…211 Disclosure of Lobbying Ac vi es………………………………………………………………………………………………………….…..……213

NON-COLLUSION AFFIDAVIT……………………………………………………………………………………………………………………..…..215

State of Texas Child Support Business Ownership Form…………………………………………………………………………..…….216 Execu on of Offer…………………………………………………………………………………………………………………………………..……..217 Addenda checklist…………………………………………………………………………………………………………………………………..……..222

IFB No.: 24-DR-04

BID OPENING: 2:00 PM CST

BID DUE DATE: November 29, Procurement Management Department – Purchasing Office

UNIVERSITY OF TEXAS-RIO GRANDE VALLEY

1201 West University • UNFS 1.104 • Edinburg, Texas 78539-2999 • Phone: (956) 665-2161

Date: 10/26/2023

INVITATION FOR BID (IFB)

SEE INSTRUCTIONS 1.7 ON BACK FOR VENDOR ID NUMBER

Bidder Must Fill In

VENDOR NUMBER

FAILURE TO

MANUALLY

SIGN WILL

DISQUALIFY BID

Name of Firm

AUTHORIZED SIGNATURE DATE

Mailing Address

Street Address

PRINTED/TYPED SIGNATURE

City-State-Zip

SHOW BID OPENING DATE AND

IFB NUMBER IN LOWER LEFT

HAND CORNER OF SEALED

ENVELOPE

BIDDER AGREES TO COMPLY WITH

ALL TERMS AND CONDITIONS

CONTAINED HERE IN.

Telephone Number Email for Bids:

UTRGV Edinburg Campus Hike and Bike Trail

Purchasing Contact:

Donna Rodriguez and Jesus Zerpa

Email:

Donna.rodriguez@utrgv.edu Jesus.Zerpa01@utrgv.edu

Submit response through UTRGV Bonfire Portal:

https://utrgv.bonfirehub.com/

IFB No. 24-DR-04 Edinburg Campus Hike and Bike Trails

GENERAL INFORMATION: The University of Texas System (“Owner”) and University of Texas Rio Grande Valley are soliciting Invitation for Bid Proposals (“Proposals”) for selection of a General Contractor firm for IFB No.: 24-DR-04, Edinburg Campus Hike and Bike Trails (“Project”), in accordance with the terms, conditions, and requirements set forth in this Request for Invitation for Bid (IFB). This construction project will focus on the installation of a 10 foot wide concrete side walk that will result in a trail through campus. The trail will consist of a combination of existing sidewalks and new sidewalks. Bicycle racks will be included along the trail so cyclists can park their bicycles and access campus facilities. Some existing irrigation systems will need to be modified to accommodate the new concrete sidewalks.

When completed, the trail will provide access from the public right of way on the perimeter of campus, to the new trail which will circle the interior parts of campus. This will create an additional means of access from the surrounding community, and improved access to campus facilities for pedestrians and bicyclists.

Description of University: https://www.utrgv.edu/accelerated/about-utrgv/history/index.htm UTRGV Enrollment Information Fall 2022: https://www.utrgv.edu/sair/

Bid/Contract Documents, including Drawings and Technical Specifications may be obtained at through Bonfire at

(HTTP://UTRGV.BONFIREHUB.COM ).

All interested Bidders must create an account within the Bonfire Portal to view, download and submit Final Bid Proposals.

PROJECT SCHEDULE:

The following anticipated dates are for planning purposes only (if there is a conflict between the dates below and the Proposal Form, the duration shown on the Proposal Form shall govern). The contractual dates required by the Owner of the “best value” respondent will be identified in the executed agreement.

PRE-BID CONFERENCE IS SCHEDULED Via ZOOM FOR Thursday, November 16, 2023 (10:00 AM CST)

Note: PRE-BID CONFERENCE MEETING IS NOT MANDATORY

1201 West University • UNFS 1.104 • Edinburg, Texas 78539-2999 • Phone: (956) 665-2161

Donna Rodriguez is inviting you to a scheduled PreProposal Zoom meeting.

Pre-Scheduled Walk-Through TBD

Deadline for questions Monday, November 20, 2023 (5:00 PM CST)

Submittal Due date/ Close Date Wednesday, November 29, 2023 (2:00 PM CST)

Submit via https://www.utrgv.bonfirehub.com

Owner executes Agreement TBD Owner issues Notice to Proceed for Construction TBD General Contractor achieves Substantial Completion TBD General Contractor achieves Final Completion TBD

Attention is called to the fact that not less than the federally determined prevailing (Davis-Bacon and related Acts) wage rate, as issued by Department of Labor and contained in the contract documents, must be paid on this project. In addition, the successful bidder must ensure that employees and applicants for employment are not discriminated against because of race, color, religion, sex, national origin, sexual orientation, gender identity, or any other classification protected under the law. All first-tier contractors are required to have or obtain an Employer Identification Number (EIN), a DUNS number, and to register with the System for Award Management (SAM).

Contractors & subcontractors will be required to comply with the provisions of the E-Verify Federal Contractor Rule.

The University of Texas Rio Grande Valley (UTRGV) reserves the right to reject any or all bids or to waive any formalities or informalities in the bidding and to award the contract to the Bidder which it considers has submitted the best and most advantageous bid. Bids may be held by UTRGV for a period not to exceed ninety (90) calendar days from the date of the bid opening. These days shall be utilized for the purpose of reviewing the bids and investigating the Bidders qualifications prior to the contract award. All contractors/subcontractors that are debarred, suspended or otherwise excluded from or ineligible for participation on federal assistance programs may not undertake any activity in part or in full under this project. The University of Texas Rio Grande Valley is an Affirmative Action and Equal Opportunity Employer. Small (SBE), minority (MBE), and women-owned businesses (WBE) are encouraged to submit bids for this project.

It is OPTIONAL for Eligible bidders on this project to be prequalified through TxDOT. Refer to TxDOT’s website for prequalification requirements. The Bidder’s Questionnaire will be used for this Project.

https://www.txdot.gov/business/road-bridge-maintenance/contract-letting/contractor-prequalification.html

Prequalification application if submitted to TxDOT will need at least fourteen (14) business days before bid opening.

The Proposal Submission constitutes Certification of Compliance with FHWA 1273.

This project is financed in part by Federal funds. A 0 % DBE goal has been established for this project in accordance with 49 CFR Part 26. Notice of Requirement for Affirmative Action to Ensure Equal Opportunity.

1. INSTRUCTIONS TO BIDDERS

1.1. Bid Submission Information

Competitive Formal Bids will be received for:

Bid No:24-DR-04 Edinburg Campus Hike and Bike Trails

Bids must be submitted on or before 2:00 p.m. CST, Wednesday, November 29, 2023 submitted through bonfire (HTTP://UTRGV.BONFIREHUB.COM/).

Bids will be publicly opened and the names of the respondents read aloud at 2:00 p.m., Wednesday, November 29, 2023, Via Zoom and at the Edinburg University Financial Services Building located at 2406 W. University , Edinburg Texas 78539 – First Floor Conference Room. Respondents are welcomed to attend in person or see Zoom invite as listed in Bonfire for Bid Opening.

Bidders are strongly encouraged to attend a non-mandatory pre-bid meeting via Zoom at 10:00 a.m.

CST, Thursday, November 16, 2023.

Z O O M M E E T I N G I n f o r m a t i o n a s s h o w n b e l o w :

Donna Rodriguez is inviting you to a scheduled Zoom meeting.

All inquiries/Questions shall be submitted by 5:00 p.m. CST Monday, November 20, 2023. Inquiries after this date will not receive a response.

We request that you read carefully the Instructions to Bidders that are enclosed and follow all instructions to upload all documentation up to Bonfire. Further instruction on how to utilize Bonfire may be viewed under https://www.utrgv.edu/procurement/purchasing/doing-business-with-utrgv-bonfire.pdf.

1.2 BIDDER RESPONSIBILITIES:

Bids must be submitted within Bonfire (HTTP://UTRGV.BONFIREHUB.COM/) and all documentation shall be uploaded to bonfire. By Uploading the filled-out bid form and/or the HUB Subcontracting forms, they shall be considered valid, authorized and binding by the contractor in response to this bid. All the requested information blanks must be filled in clearly and completely to avoid possible disqualification of the bid submitted.

The bid price quoted must include all items requested and remain firm until payment. Price shall include all incidentals required to complete the project. No partial bids will be accepted.

All bids submitted must include the following items yet not limited to:

1. Invitation for Bid (IFB) Bid Form

2. Execution of Offer

3. Non-Collusion Affidavit

4. Conflict of Interest Questionnaire (CIQ)

5. Debarment Certification

6. Disclosure of Lobbying Activities

7. State of Texas Child Support Business Ownership Form

8. Bonfire IFB 24-DR-04 Questionnaire

9. HUB Submittal

NOTE: FAILURE TO COMPLY WITH BID REQUIREMENTS MAY DISQUALIFY BIDDER.

1.3. EXCEPTIONS OR CHANGES

1.3.1. Changes may be allowed through Bonfire up to the due date. Bonfire will not allow any late bids.

1.3.2. No changes or alterations will be allowed to the bidder instructions and specifications unless specifically changed by an addendum, posted within Bonfire (HTTP://UTRGV.BONFIREHUB.COM/) and no changes will be made within three (3) days of the bid opening date.

1.4. UTRGV RESERVATIONS:

The University of Texas Rio Grande Valley reserves to hold all bids for a period of ninety (90) days without taking any action. If no action is taken, all bids will be rejected.

1.4.1. The University of Texas Rio Grande Valley (UTRGV) reserves the right to reject any or all bids, to waive defects and formalities in such bids, and to award the contract to the bidder which it considers has submitted the best and most advantageous bid. In the event that there is a conflict in the statement of a price within the bid, the Owner reserves the right to select the amount most advantageous to the Owner.

1.4.2. The Owner also 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 the Bidder’s safety record is unsatisfactory in the owner’s opinion or if the owner has had problems with the bidder’s performance on prior contracts which, in the Owner’s opinion, makes the bidder unsatisfactory.

1.4.3. PUBLIC INFORMATION: All information, documentation, and other materials submitted in response to this solicitation are considered non-confidential and/or non-proprietary and are subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter 552.001, et seq.)

after the solicitation is completed. The contract must be awarded to the lowest responsible bidder or to the bidder who provides goods or services at the best value for the university.

1.5 TYPE OF CONTRACT

Any contract resulting from this solicitation will be in the form of the Owner’s Standard General Contractor Agreement, a copy of which is included in the Bidding Documents.

1.6 CLARIFICATIONS AND INTERPRETATIONS

Any clarifications or interpretations of this IFB that materially affect or change its requirements will be issued by the Owner as an Addendum. It is the responsibility of all respondents to obtain this information in a timely manner. All such Addenda issued by the Owner before the proposals are due as part of the IFB, and respondents shall acknowledge receipt of each Addendum to the IFB and/or the Bid Documents in its Proposal. All addenda will be posted on the Bonfire Portal.

1.7 INTERPRETATIONS OR ADDENDA

No oral interpretations will be made to any bidder. Each interpretation made will be in the form of an Addendum to the contract documents and will be distributed to all parties holding contract documents no less than three (3) days prior to the bid opening. It is, however, the bidder's responsibility to make inquiry as to any addenda issued within Bonfire (HTTP://UTRGV.BONFIREHUB.COM/). All such addenda shall become part of the contract documents and all bidders shall be bound by such addenda, whether or not received by the bidders.

1.8 SUBMISSION OF BID:

1.8.1. Proposals must be received by University on or before the Submittal Deadline and delivered to:

1201 West University • UNFS 1.104 • Edinburg, Texas 78539-2999 • Phone: (956) 665-2161

1.8.1.1. Electronic submission and acknowledgement of the attributes for the documents requested within this bid shall be required to be entered and submitted within Bonfire (HTTP://UTRGV.BONFIREHUB.COM/). Failure to comply with the electronic submittal requirements will result in disqualification of submittal.

1.9 MINIMUM REQUIREMENTS:

These are the minimum requirements that will be acceptable to The University of Texas Rio Grande Valley.

Any bid that does not meet the minimum requirements specified will be rejected. It is OPTIONAL for Bidders on this project must be prequalified through TxDOT. Refer to TxDOT’s website for prequalification requirements. Assure prequalification documents are submitted to TxDOT at least 14 days before bid opening. Comply with all technical prequalification requirements in the bid documents. See link listed below.

https://www.txdot.gov/business/road-bridge-maintenance/contract-letting/contractor-prequalification.html

1.10 SPECIAL NOTE TO BIDDER:

Whenever an article or material is defined by describing a proprietary product or by using the name of a manufacturer, the term "or equal," if not inserted shall be implied. The specified article or material shall be understood as descriptive, not restrictive; it is intended to indicate type and quality desired. The University of Texas Rio Grande Valley RESERVES THE RIGHT TO JUDGE THE QUALITY OF ANY SUBSTITUTION.

Bids on brand of like nature and quality will be considered. If bidding on other than referenced specifications, bid must show manufacturer, brand, model, etc., of article covered.

1.11 CONFLICT OF INTEREST QUESTIONNAIRE:

Chapter 176 of the Texas Local Government Code requires entities seeking to contract and/or contracting with local government entities, such as cities, for the sale of goods or services, and their agents, to complete, sign and file a Conflict of Interest Questionnaire (Form CIQ) with the University of Texas Rio Grande Valley.

If the bidder or a principal of the bidder has a business relationship with the University or with a City Official, the name of the City contact or City Official must be disclosed on the enclosed CIQ Form. If the bidder of a principal of the bidder has no business relationship with the City or a City Official, write/type in “none in the form and write/type in the name of the bidder and person acting for the bidder and sign the CIQ Form. A blank CIQ Form is enclosed and should be completed, signed and submitted with your bid. If you are not sure how to fill in the CIQ Form, contact your attorney for advice.

*A sample CIQ Form, to be used ONLY if there is NO business relationship with UTRGV, is included in Appendix One.

1.13 CERTAIN PROPOSALS AND CONTRACTS PROHIBITED: Under Section 2155.004, Texas Government Code, a state agency may not accept a proposal or award a contract that includes proposed financial participation by a person who received compensation from the agency to participate in preparing the specifications or request for proposals on which the proposal or contract is based. All vendors must certify their eligibility by acknowledging the following statement, "Under Section 2155.004, Government Code, the vendor certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated, and payment withheld if this certification is inaccurate." If a state agency determines that an individual or business entity holding a state contract was ineligible to have the contract accepted or awarded as described above, the state agency may immediately terminate the contract without further obligation to the vendor. This section does not create a cause of action to contest a proposal or award of a state contract.

1.14 SALES AND USE TAXES: Section 151.311, Tax Code, as amended effective October 1, 1993, permits the purchase free of state sales and use taxes of tangible personal property to be incorporated into realty in the performance of a contract for an improvement to realty for certain exempt entities that include The University of Texas System. The section further permits the purchase tax-free of tangible personal property (other than machinery or equipment and its accessories and repair and replacement parts) for use in the performance of

1201 West University • UNFS 1.104 • Edinburg, Texas 78539-2999 • Phone: (956) 665-2161 such a contract if the property is "necessary and essential for the performance of the contract" and "completely consumed at the job site." In addition, the section permits the purchase tax-free of a tangible service for use in the performance of such a contract if the service is performed at the job site and if "the contract expressly requires the specific service to be provided or purchased by the person performing the contract" or "the service is integral to the performance of the contract."

1.15 CERTIFICATION OF FRANCHISE TAX STATUS: Respondents are advised that the successful respondent will be required to submit certification of franchise tax status as required by State Law (H.B. 175, Acts 70th Leg.

R.S., 1987, Ch. 283, p. 3242). The Respondent further agrees that each subcontractor and supplier under contract will also provide a certification of franchise tax status.

1.16 REQUIRED NOTICES OF WORKERS' COMPENSATION INSURANCE COVERAGE: The Texas Workers'

Compensation Commission has adopted a new rule, 28 TAC, sec. 110.110, relating to REPORTING

REQUIREMENTS FOR BUILDING OR CONSTRUCTION PROJECTS FOR GOVERNMENTAL ENTITIES.

The rule applies to all building or construction contracts advertised for bid on or after September 1, 1994. The rule implements sec. 406.096, Texas Labor Code, which requires workers' compensation insurance coverage for all persons providing services on a building or construction project for a governmental entity. The requirements of the rule are set forth in Article 6 of the Uniform General Conditions.

1.17 PREVAILING MINIMUM WAGE RATE DETERMINATION: Respondents are advised that the Texas Prevailing

Wage Law will be administered in accordance with the policies and procedures set forth in the U. T. System document, entitled "Prevailing Wage Guidelines." (Exhibit B) A copy is attached to the Special Conditions (Exhibit A). The penalty for violation of prevailing wage rates has been increased from $10.00 per underpaid worker per day or portion thereof to $60.00.

1.18 DELINQUENCY IN PAYING CHILD SUPPORT: Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated, and payment may be withheld if this certification is inaccurate.

1.19 LIQUIDATED DAMAGES: The undersigned agrees that, from the compensation otherwise to be paid, the

Owner may retain the sum of Seven Hundred Dollars ($700.00) for each calendar day after the Substantial Completion Date that the work remains incomplete, which sum is agreed upon as the proper measure of liquidated damages which the Owner will sustain per diem by the failure of the Undersigned to complete the work at the time stipulated in the Contract. This sum is not construed in any sense as a penalty.

1.20 Davis Bacon Act - Davis-Bacon Act and Related Act contractors and subcontractors must pay their laborers and mechanics employed under the contract no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area. The Davis-Bacon Act directs the Department of Labor to determine such locally prevailing wage rates. (Exhibit F).

2. BIDDER INFORMATION

2.1 Bonfire Use of Separate Bid Forms

These Contract Documents include a complete set of bid and contract forms, which are for the convenience of the bidders and are not, to be detached from the contract document, completed or executed. All Bid Documents are to be uploaded within Bonfire in the designated areas. Any additional documents that vendor would like to provide may be added within “Other Relevant Documentation.

2.2 Inspection of Site

Each bidder should visit the site of the proposed work and fully acquaint himself with the existing conditions there and should fully inform himself as to the facilities involved, the difficulties and restrictions concerning the performance of the contract. The bidder should thoroughly examine and familiarize

1201 West University • UNFS 1.104 • Edinburg, Texas 78539-2999 • Phone: (956) 665-2161 himself with the drawings, technical specifications, and all other contract documents. The contractor by the execution of the contract shall in no way be relieved of any obligation under it due to his failure to receive or examine any form or legal document or to visit the site or acquaint himself with the conditions there existing. The University will be justified in rejecting any claim based on lack of inspection of the site prior to the bid.

2.3 Alternate bid items.

No alternate bids or bid items will be considered unless they are specifically requested by the technical specifications.

2.4 Bids

2.4.1. All bids must be submitted on the forms provided and are subject to all requirements of the Contract Documents, including the Drawings and Technical Specifications.

2.4.2. All bids must be regular in every respect and no interlineations; excisions or special conditions may be made or included by the bidder.

2.4.3. All required Bid documents shall be Uploaded in the designated or in the “other relevant documentation” area within Bonfire (HTTP://UTRGV.BONFIREHUB.COM).

2.4.4. UTRGV may consider as irregular any bid on which there is an alteration of or departure from the bid form and, at its option, may reject any irregular bid.

2.4.5. If a contract is awarded, it will be awarded to a responsible bidder on the basis of the lowest/best value bid and the selected alternate bid items, if any. The contract will require the completion of the work in accordance with the contract documents.

2.5 Bid Modification Prior to Bid Opening

2.5.1. Any bidder may modify any part or all of its entirety through Bonfire (HTTP://UTRGV.BONFIREHUB.COM/) up to the time of the close date / due date of this Bid. No bids will be accepted through mail, fax, email or any other method other than Bonfire.

2.6 Statement of Bidders Qualifications

Each bidder shall provide qualification documentation through Bonfire (HTTP://UTRGV.BONFIREHUB.COM/). The university reserves the right to utilize the review process to qualify bidders. A questionnaire shall be provided to obtain information from each bidder as part of this Bid (Refer to Questionnaire). The university shall have the right to take such steps as it deems necessary to determine the ability of the bidder to perform his obligations under contract for this Bid. The right is reserved to reject any bid where an investigation of the available information provided does not satisfy the university’s requirements to carry out properly the terms of the contract.

3. FORMAT OF PROPOSALS - GENERAL INSTRUCTIONS

3.1 Proposals shall be prepared SIMPLY AND ECONOMICALLY, providing a straightforward, CONCISE description of the respondent's ability to meet the requirements of this IFB. Emphasis shall be on the QUALITY, completeness, clarity of content, responsiveness to the requirements, and an understanding of Owner's needs.

3.2. Proposals shall be a MAXIMUM OF FIFTY (50) PRINTED PAGES.

3.3 Unit Price - The Unit Price for each of the several items in the bid shall include its pro rata share of overhead so that the sum of the products obtained by multiplying the quantity shown for each item by the unit price bid represents the total bid. Any bid not conforming to this requirement may be rejected as informal. Special attention is drawn to this condition, as the unit prices will be used to determine the amount of any change orders resulting from an increase or decrease in quantities.

3.4 Corrections and Time for Receiving Bids

Bidders are permitted to make any corrections, changes, modifications, or add any additional documentations within the designating areas or within the “other relevant documentation” within Bonfire (HTTP://UTRGV.BONFIREHUB.COM/) up to the bid due date/close date/Close date.

3.5 Time for Receiving Bids

All bid proposals must be submitted on or before 2:00 p.m. CST, Wednesday, November 29, 2023 submitted through bonfire (HTTP://UTRGV.BONFIREHUB.COM/).

3.6 Withdrawal of Bids

Bids may be withdrawn by the bidder through Bonfire up to the point of opening / closing date (Bonfire).

3.7 Award of Contract / Rejection of Bids

3.7.1. The contract will be awarded to the responsive, responsible Bidder submitting the lowest/best bid.

The bidder selected will be notified at the earliest possible date. The locality reserves the right to reject any or all bids and waive any informality in bids received where such rejection or waiver is in its interest.

3.7.2. If awarded the contract, the bidder will be required to have or obtain a DUNS number, and to register with the System of Award Management (SAM.gov). The bidder will also be required to enroll in E-Verify within thirty (30) days of the contract award date. If awarded the contract, the bidder will be required to use the E-Verify system to confirm that all new hires, whether employed on a federal contract or not, and existing employees directly working on this contract are legally authorized to work in the United States.

3.7.3. Respondents shall carefully read the information contained in the following criteria and submit a complete statement of Proposals to all questions in the Questionnaire. Incomplete Proposals will be considered non-responsive and subject to rejection. In determining the best value for the University, the University may consider:

3.7.4. The contract must be awarded to the lowest responsible bidder or to the bidder who provides goods or services at the best value for the municipality.

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

1. the purchase price;

2. the reputation of the bidder and of the bidder’s goods or services;

3. the quality of the bidder’s goods or services;

4. the extent to which the goods or services meet the University’s needs;

5. the bidder’s past relationship with the University;

6. the impact on the ability of the University to comply with laws and rules relating to contracting with historically underutilized businesses and non-profit organizations employing persons with persons with disabilities;

7. the total long-term cost to the University to acquire the bidder’s goods or services; and

8. any relevant criteria specifically listed in the request for bids or proposals.

3.8 Execution of Agreement / Performance and Bonds

3.8.1 Performance and Payment Bonds. The law requires all prime contractors which enter into a formal contract in excess of $50,000 with the State, any department, board, agency, municipality, county, school district or any division or subdivision thereof, to obtain a Payment Bond in the amount of the

1201 West University • UNFS 1.104 • Edinburg, Texas 78539-2999 • Phone: (956) 665-2161 contract before commencing with work and a performance bond for public works contracts in excess of $100,000. (Refer to Exhibit C and Exhibit J)

3.8.2 The failure of the successful bidder to execute the agreement and supply the required bonds within ten

(10) days after the prescribed forms are presented for signatures, or within such extended period as the University may grant, shall constitute a default and the University may, at its option, either award the contract to the next lowest responsible bidder, or re-advertise for bids. In either case, the University may charge against the bidder the difference between the amount of the bid, and the amount for which a contract is subsequently executed irrespective of whether this difference exceeds the amount of the bid bond. If a more favorable bid is received through re-advertisement, the defaulting bidder shall have no claim against the University for a refund.

3.9 HISTORICALLY UNDERUTILIZED BUSINESSES SUBMITTAL REQUIREMENTS: It is the policy of The

University of Texas System, and each of its component institutions, to promote and encourage contracting and subcontracting opportunities for Historically Underutilized Businesses (HUB) in all contracts.

Accordingly, the Office of Capital Projects (OCP) https://www.utsystem.edu/offices/capital-projects has adopted Exhibit H, Policy on Utilization of Historically Underutilized Businesses (included in the Bidding Documents). The Policy applies to all contracts with an expected value of $100,000 or more. If OCP determines that subcontracting opportunities are probable, then a HUB Subcontracting Plan is a required element of the Proposals. Failure to submit a required HUB Subcontracting Plan will result in rejection of the Proposals. Document required to be uploaded within Bonfire (HTTP://UTRGV.BONFIREHUB.COM).

3.9.1. STATEMENT OF PROBABILITY: The University of Texas System, Office of Capital Projects (OCP), has determined that subcontracting opportunities are probable in connection with this procurement solicitation. Therefore, a HUB Subcontracting Plan (HSP) is required as a part of the respondent's Proposal. The respondent shall develop and administer a HSP as a part of the respondent's Proposal in accordance with the OCP Policy on Utilization of Historically Underutilized Businesses (HUB), Exhibit H.

3.9.2 Refer to Exhibit H, Policy on Utilization, Historically Underutilized Business and the Summary of

Requirements for a detailed list of attachments required with the Proposals.

3.9.3. The “Statement of Probability” determines the probability for subcontracting opportunities. This determination will clarify which attachments, detailed in Figure 1, will be required to be completed and returned.

SECTION 4 - DRAWINGS AND SPECIFICATIONS

4.1. DEFINITION: Bidding Documents include the Bidding Requirements and the proposed Contract Documents.

The Bidding Requirements consist of the Advertisement, the Request for IFB Proposal Form, and other sample bidding and contract forms. The proposed Contract Documents consist of the Form of Agreement between the Owner and Contractor, Performance (Exhibit C) and Payment Bonds (Exhibit I), Uniform General and Supplementary Conditions for Building Construction Contracts (Exhibit I), Special Conditions (Exhibit A), Prevailing Wage Rate Determination(Exhibit B), Davis Bacon Wage Rate (Exhibit F), DBE - Federal, HUB Utilization Policy (Exhibit ‘H’), other forms and documents identified in the Agreement (Exhibit D), Federal Requirements, Drawings, Specifications, Specifications and Drawings Table of Contents, and all Addenda issued prior to receipt of Proposals, and Change Orders issued after execution of the Contract.

4.2 Distribution:

4.2.1 All Distributions and downloads shall be done through http://utrgv.bonfirehub.com/.

4.2.2 Documents on File: Complete sets of Drawings and Specifications can be obtained through http://utrgv.bonfirehub.com/.

Responses Error: Check cell(s) B8

Numeric

Status # Item Item Number Quantity Required

Unit Unit Price Total Cost

Bid Tabulation Form

Error: Missing value for 'Unit Price' in cell I8

#1-1 REMOVING CONC (SIDEWALKS) 104-6015 560 SY -

Error: Missing value for 'Unit Price' in cell I9

#1-2 REMOVING CONC (CURB) 104-6021 77 LF -

Error: Missing value for 'Unit Price' in cell I10

#1-3 REMOV & RE-LAY PIPE (6 IN ) 472-6001 191 LF -

Error: Missing value for 'Unit Price' in cell I11

#1-4 CAST-IN-PLACE TRENCH DRAIN 474-6021 34 LF -

Error: Missing value for 'Unit Price' in cell I12

#1-5 ADJUSTING MANHOLES 479-6001 2 EA -

Error: Missing value for 'Unit Price' in cell I13

#1-6 ADJUSTING MANHOLES (WATER VALVE BOX) 479-6005 1 EA -

Error: Missing value for 'Unit Price' in cell I14

#1-7 REMOVE STR (CONC) 496-6018 2 EA -

Error: Missing value for 'Unit Price' in cell I15

#1-8 REMOV STR (SMALL) 496-6042 1 EA -

Error: Missing value for 'Unit Price' in cell I16

#1-9 MOBILIZATION 500-6001 1 LS -

Error: Missing value for 'Unit Price' in cell I17

#1-10 BARRICADES, SIGNS AND TRAFFIC HANDLING 502-6001 5 MO -

Error: Missing value for 'Unit Price' in cell I18

#1-11 TEM SEDMT CONT FENCE (INSTALL) 506-6038 6202 LF -

Error: Missing value for 'Unit Price' in cell I19

#1-12 TEM SEDMT CONT FENCE (REMOVE) 506-6039 6202 LF -

Error: Missing value for 'Unit Price' in cell I20

#1-13 BIODEG EROS CONT LOGS(INSTALL) 506-6041 240 LF -

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#1-14 BIODEG EROS CONT LOGS SEDMT (REMOVE) 506-6043 240 LF -

Error: Missing value for 'Unit Price' in cell I22

#1-15 CONC SIDEWALK (4") 531-6001 2608 SY -

Error: Missing value for 'Unit Price' in cell I23

#1-16 CURB RAMPS (TY 2) 531-6021 24 SY -

Error: Missing value for 'Unit Price' in cell I24

#1-17 CURB RAMPS (TY 4) 531-6021 25 SY -

Error: Missing value for 'Unit Price' in cell I25

#1-18 CURB RAMPS (TY 7) 531-6021 44 SY -

Error: Missing value for 'Unit Price' in cell I26

#1-19 CURB RAMPS (TY 10) 531-6027 57 SY -

Error: Missing value for 'Unit Price' in cell I27

#1-20 CHAIN LINK FENCE (INSTALL) (6') 550-6001 682 LF -

Error: Missing value for 'Unit Price' in cell I28

#1-21 CHAIN LINK FENCE (REMOVE) 550-6003 176 LF -

Error: Missing value for 'Unit Price' in cell I29

#1-22 RELOCATE RD IL ASM (SHOE-BASE) 610-6002 3 EA -

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#1-23 IN SM RD SN SUP&AM TY10BW(1)SA(P) 644-6001 33 EA -

Error: Missing value for 'Unit Price' in cell I31

#1-24 RELOCATE SM RD SN SUP&AM TY10BWG 644-6068 2 EA -

Error: Missing value for 'Unit Price' in cell I32

#1-25 REMOVE SM RD SN SUP&AM 644-6076 1 EA -

Error: Missing value for 'Unit Price' in cell I33

#1-26 BIKE RACK 5032-6001 8 EA -

Responses Error: Check cell(s) B8

Numeric

Status # Item Item Number Quantity Required

Unit Unit Price Total Cost

Alternates #1

Error: Missing value for 'Unit Price' in cell I8

#1-1 24'X12' Golf Cart Parking W/Conduit. Detail 8 EA -

Alternates #2

Error: Missing value for 'Unit Price' in cell I11

#2-1 Decomposed Granite (3"Depth) 2004-6001 456 SY -

Error: Missing value for 'Unit Price' in cell I12

#2-2 Filter Fabric 5XXX-XXXX 456 SY -

DISADVANTAGED BUSINESS ENTERPRISE

REQUIREMENTS

The following goal for disadvantaged business enterprises is established:

DBE

0.0%

Certification of DBE Goal Attainment

By signing the proposal, the Bidder certifies that the above DBE goal will be met by committing to DBE participation that meets or exceeds the goal or providing adequate documentation of good faith efforts (GFE) to achieve the goal.

The DBE participation or GFE must be submitted within five (5) calendar days after bid opening.

If the fifth day falls on a weekend or a day when City offices are closed, the deadline moves to the next business day.

The City may impose remedies as defined by state or local law if a bidder fails to submit required documentation, including forfeiting the bid proposal guaranty and exclusion from rebidding on the contract if it is re-advertised.

https://www.txdot.gov/business/disadvantaged-small-business-enterprise.html

Exhibit B The University of Texas Rio Valley Grande

Office of Facilities and Planning Operations Prevailing Wage Guidelines

PURPOSE AND SCOPE

This reference Guide provides general information about the application of the Texas Prevailing Wage Law, and sets forth the criteria and procedures for its implementation at public works projects administered by The University of Texas Rio Grande Valley.

TEXAS PREVAILING WAGE LAW

Art. 5159.a, Vernon's Texas Civil Statutes.

Construction of public works in State and municipal or political subdivisions;

prevailing wage rate to be maintained

Sec. 1. Not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work, shall be paid to all laborers, workmen and mechanics employed by or on behalf of the State of Texas, or by or on behalf of any county, city and county, city, town, district or other political subdivision of the State, engaged in the construction of public works, exclusive of maintenance work. Laborers, workmen, and mechanics employed by contractors or subcontractors in the execution of any contract or contracts for public works with the State, or any officer or public body thereof, or in the execution of any contract or contracts for public works, with any county, city and county, city, town, district or other political subdivision of this State, or any officer or public body thereof, shall be deemed to be employed upon public works.

Sec. 2.(a) The public body awarding any contract for public work on behalf of the

State, or on behalf of any county, city and county, city, town, district or other political subdivision thereof, or otherwise undertaking any public work, shall ascertain the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft or type of workman or mechanic needed to execute the contract, and shall specify in the call for bids for said contract, and in the contract itself, what the general prevailing rate of per diem wages in the said locality is for each craft or type of workman needed to execute the contract, also the prevailing rate for legal holiday and overtime work, and it shall be mandatory upon the contractor to whom the contract is awarded, and upon any subcontractor under him, to pay not less than the said specified rates to all laborers, workmen and mechanics employed by them in the execution of the contract. Failure of the awarding body to ascertain and specify in the call for the contract the prevailing wage rate in that locality relieves the contractor or subcontractor from liability under this Act. To ascertain the general prevailing wage rate, the public body shall either conduct a survey to determine the prevailing wage based upon the wages received by classes of laborers and mechanics employed on projects of a character similar to the contract work in the city, county or other political subdivision of the State in which the work is to be performed, or adopt the prevailing wage rate as determined by the U. S. Department of Labor in accordance with the Davis-Bacon Act, if the survey on which the Davis-Bacon rate was founded was conducted within three years prior to the bidding of the project.

(b) A contractor or subcontractor in violation of this Act is liable for a penalty.

That contractor or subcontractor shall pay to the State, county, or city with more than 10,000 residents, district or other political subdivision on whose behalf the contract is made or awarded, Sixty Dollars ($60.00) for each laborer, workman or mechanic employed, for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the said stipulated rates for any work done under said contract, and the said public body awarding the contract shall cause to be inserted in the contract a stipulation to this effect. The money collected under this subsection shall be used by the awarding body to offset the costs incurred in the administration of this section.

(c) Upon receipt of a complaint by a laborer, workman, or mechanic or other pertinent information, the public body shall determine within 30 days whether good cause exists to believe that a contractor or subcontractor has committed a violation of this Act. The public body shall provide written notice of its determination to the contractor or subcontractor and any affected laborer, workman, or mechanic. The public body shall retain any amounts due under the contract pending a final determination of the violation.

(d) If the contractor or subcontractor and any affected laborer, workman, or mechanic fail to resolve the alleged violation by agreement within 14 days of the determination by the public body, the issues of the alleged violation, any penalties owed to the public body, and any amounts owed to any affected laborer, workman, or mechanic shall be submitted to binding arbitration in accordance with the provisions of the Texas General Arbitration Act (Art.

224 et seq., Revised Statutes). If the parties fail to agree upon an arbitrator within 10 days, the arbitrator shall be designated by the district court upon petition of any party. The decision and award of the arbitrator is final and binding upon all parties and may be enforced in any court of competent jurisdiction. The public body is not a party in the arbitration.

(e) The arbitrator shall assess and award all reasonable costs, including the arbitrator's fee, against the party or parties who fail to prevail in the proceeding. Costs may be assessed against the workman, laborer, or mechanic only if the arbitrator finds that the claim was frivolous. If the arbitrator does not find that the claim is frivolous and does not make an award to the laborer, workman, or mechanic, costs will be shared equally by the parties. If the arbitrator determines that a violation of the Act has occurred, the arbitrator shall assess and award penalties as provided in the Act and all amounts owed to the affected workman, laborer, or mechanic against the contractor or subcontractor.

(f) The public body shall use any amounts retained under this subsection to reimburse the laborer, workman, or mechanic for the amount owed to that person because of the failure to pay the person the general prevailing rate of per diem wages as provided in the arbitrators' award.