Notice to Bidders (4).pdf

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NOTICE TO BIDDERS

1. RECEIPT AND OPENING OF BIDS

THE CITY OF FARMERS BRANCH, TEXAS (herein called the "Owner”), invites bids for its project, VALLEY VIEW ELEVATED TANK REPAINT. Bids will be received by the Owner at the office of the Purchasing Agent until 2:00 PM, Thursday, September 3, 2026, and then at said office publicly opened and read aloud. The envelopes containing the bids must be sealed and addressed to Purchasing

Agent, City Hall Building, 13000 William Dodson Parkway, Farmers Branch, Texas 75234, with the word "PROPOSAL" and the name or description of the project as shown on the front cover of the

Contract documents.

This project generally includes the painting of the existing 1.5-Million Gallon Valley View Elevated

Tank, consisting of painting the interior and exterior hydropillar tank, with full containment system, along with all necessary appurtenances. It also includes painting the roof of the existing Wicker 5-MG steel Ground Storage Reservoir.

Plans, specifications and other documents may be examined or acquired electronically by Bidders through the Civcast website at http://civcastusa.com. Civcast is free to all Bidders to view or download plans and documents, however if the contractor requests a printed plan set, there will be a cost.

Contractors are required to create an account to sign in to the website in order to access the bid documents. Civcast will alert bidders of any addendums to the projects. If there are any questions about

Civcast or the Civcast website, please contact the company by phone at (281) 346-4577 or support@civcastusa.com.

The Owner may consider, at Owner's option, any bid not prepared and submitted in accordance with the provision hereof as an informal bid. The Owner may waive any informality or reject any and all bids.

Any bid may be withdrawn in writing prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within Ninety (90) calendar days after the actual date of the opening thereof.

2. PROPOSAL FORM

Bidders shall use the proposal forms included in the documents and all blanks of which must be appropriately filled in. Proposal forms are to be left attached to documents in same manner as received by bidders. Supplemental data to be furnished shall be included in the same sealed envelope with proposal.

3. DELIVERY OF PROPOSAL

It shall be the bidder's responsibility to deliver its proposal to the proper place by the time stated in the

Notice to Bidders. The mere fact that a proposal was dispatched will not be considered.

4. QUALIFICATION OF BIDDER

The Owner may make such investigations as it deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted, either by the bidder or from an investigation of the bidder, fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the Contract and therefore to complete the work contemplated herein. Conditional bids will not be accepted.

http://civcastusa.com/ mailto:support@civcastusa.com

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5. BID SECURITY

Each bid must be accompanied by cashier's or certified check of the bidder, or a bid bond duly executed by the bidder as principal and having a surety thereon, a surety company approved by the Owner (refer to Section #6. Notice to Bidders), in the amount of five percent (5%) of the bid. Such cash, checks or bid bonds will be returned promptly after the Owner and the accepted bidder have executed the Contract or, if no award has been made within ninety (90) days after the date of the opening of bids, upon demand of the bidder at any time thereafter, so long as the bidder has not been notified of the acceptance of its bid.

6. SURETY BONDS

(1) Contractor Surety

With the execution and delivery of the Contract, the Contractor shall furnish and file with the Owner in the amounts herein required, the surety bonds specified hereunder, Without exception, the Owner's bond forms must be used, and exclusive venue for any lawsuit in connection with such bonds shall be specified as the county in which the Owner’s principal office is located. Such surety bonds shall be in accordance with the provisions of Chapter 2253, Texas Government Code and Sections 3503.001-.005 of the Texas

Insurance Code, as amended. These bonds shall automatically be increased by the amount of any change order which increases the Contract Price with or without notice to the Surety, but in no event shall a change, which reduces the Contract amount, reduce the penal amount of such bonds.

(2) Performance Bond

In accordance with Chapter 2253 of the Texas Government Code, a performance bond in the amount of not less than one-hundred percent (100%) of the Contract Price conditioned upon the faithful performance of the Contract, and upon payment of all persons supplying labor or furnishing materials, for projects with a bid amount in excess of twenty-five thousand dollars ($25,000.00), will be required upon the forms which are a part of the Contract documents.

Said performance bond shall be a good and sufficient bond in an amount not less than one-hundred percent (100%) of the Contract Price, as evidenced by the proposal tabulation, shall guarantee the full and faithful execution of the work and performance of the Contract in accordance with the plans, specifications and Contract documents, including any extensions thereof, and shall be issued for the protection of the Owner. The bond shall automatically adjust in amount due to any change orders approved by the City. The Contractor shall include in the unit bid prices, the cost of the Performance

Bonds and shall pay for said bonds.

(3) Payment Bond

In accordance with Chapter 2253 of the Texas Government Code, payment bonds in the amount of not less than one-hundred percent (100%) of the Contract Price conditioned upon the faithful performance of the Contract, and upon payment of all persons supplying labor or furnishing materials, for projects with a bid amount in excess of twenty-five thousand dollars ($25,000.00), will be required upon the forms which are a part of the Contract documents.

Said payment bond shall be a good and sufficient bond in an amount not less than one-hundred percent

(100%) of the approximate total amount of the Contract, as evidenced by the proposal tabulation, shall guarantee the full and proper protection of all claimants supplying labor and material in the prosecution of the work provided for in said Contract. and shall be issued for the use of each claimant. The bond shall automatically adjust in amount due to any change orders approved by the City. The Contractor shall include in the unit bid prices, the cost of the Payment Bonds and shall pay for said bonds.

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(4) Maintenance Bond

The Contractor, upon execution of the Contract and before beginning work, shall furnish to the City a proper Maintenance Bond in the amount of one hundred (100%) percent of the contract amount written by an approved surety company covering the guarantee and maintenance prescribed above. The period of the Maintenance Bond shall be two (2) years from the date of final acceptance of all work done under the Contract, to cover the guarantee as set forth in the Special Conditions.

The Contractor shall include in the unit bid prices, the cost of the Maintenance Bond and shall pay for said bond. Notice to the Contractor that repairs, renewals or reconstruction as required under this provision of the specifications, may be made in the form of a registered letter, signed by the Owner and addressed to the Contractor liable for the cost of expense thereof.

(5) Sureties

A surety who is in default or delinquent on any bonds or who are interested in any litigation against the

Owner will not be acceptable. All bonds shall be made on forms furnished by the Owner and shall be executed by not less than one (1) corporate surety authorized to do business in the State of Texas and acceptable to the Owner. The Sureties shall be listed in the most current Federal Register Treasury List.

The Contractor and Surety shall execute each bond. Each Surety shall have designated an agent resident in the Owner's jurisdictional area acceptable to the Owner to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such surety-ship. The

Owner reserves the right to reject any and all Sureties.

(6) Additional or Substitute Bond

If at any time the Owner is or becomes dissatisfied with any Surety then upon the performance, payment bond, or maintenance bond, the Contractor shall, within five (5) days after notice from the Owner to do so, substitute an acceptable bond (or bonds), or provide an additional bond, in such form and sum and signed by such other surety or sureties as may be satisfactory to the Owner. The Contractor shall pay the premiums on such bonds without recourse to the Owner. No further payments under the Contract shall be deemed due or payable until the substitute or additional bonds shall have been furnished and accepted by the Owner.

7. POWER OF ATTORNEY

Attorneys in fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney.

8. CONTRACT EXECUTION

Timing is of the essence in the performance of this project. That timing includes the urgency in proceeding with the execution of the Contract documents. Hence, if, within fourteen (14) calendar days after award of the Contract to the successful bidder by the City Council, the successful bidder has not provided to the City four (4) copies of the executed Contract documents and the fully executed bonds as requested herein, the City may, at its sole discretion, declare the award of the Contract null and void and upon such declaration, such award shall be null and void, and the Contract may be awarded to the next lowest most responsible bidder.

The aforementioned executed Contract documents shall include the performance bond, the payment bond, the maintenance bond and certificates of insurance.

9. CONDITIONS OF WORK

Each bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of its obligation to furnish all material and labor necessary to carry out the provisions of this Contract. Insofar as

I-9 possible, the Contractor in carrying out his work, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor. Prior to submission of a proposal, bidder shall have made a thorough inspection of the site of the work and a thorough examination of the Drawings and Specifications, and shall become informed as to the nature of the work, labor conditions, and all other matters that may affect the cost and time of completion of the work.

Prospective bidders shall make a careful examination of the entire site of the project and shall make such explorations as may be necessary to determine the sub-surface and/or water conditions to be encountered; improvements and obstructions which may be encountered and especially those to be protected; disposal sites for surplus materials not designated to be salvaged; methods of providing ingress and egress to private as well as public property; methods of handling traffic during construction and maintenance of the entire project as well as any section thereof, and protection of all existing structures both above and below ground; and how the drawings fit the proposed project and especially if any discrepancies exist.

10. ADDENDA AND INTERPRETATIONS

No interpretation of the meaning of plans, specifications or other pre-bid documents will be made to any bidder orally. In the event of conflict between the Drawings and the Specifications, the Contractor will be deemed to have assumed the more expensive way of doing the work unless, before submitting a bid, the Contractor shall have asked for and obtained (by addendum) a decision as to which method or material is intended. Bidders shall post questions online to Civcast, which shall be answered on Civcast.

For questions to be given consideration, they must be received at least six (6) days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be posted on Civcast as an addendum to all prospective bidders and not later than two (2) days prior to the date fixed for opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve the bidder from any obligation under his bid submitted. All addenda so issued shall become part of the Contract documents.

11. NOTICE OF SPECIAL CONDITIONS

Attention is particularly called to those parts of the Contract documents and specifications that pertain to with the following:

Inspection & testing of materials

Insurance requirements

Wage rates

Stated allowances

12. LAWS AND REGULATIONS

The bidder's attention is directed to the fact that all applicable State laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full.

13. METHOD OF AWARD - QUALIFIED BIDDER

The submitted proposals shall be tabulated for comparison on the basis of bid prices and quantities shown in the proposal. The comparison will also be subject to corrected price totals in the event of mathematical errors. Unit prices are to be shown in both words and figures. In the event of a discrepancy, between the words and figures, the amount shown in words will govern. If at the time this

Contract is to be awarded, the base bid submitted by a responsible bidder does not exceed the amount of funds then estimated by the Owner as available to finance the Contract, the Contract will be awarded on the base bid (using unit prices) only. If such bid exceeds such amount, the Owner may reject all bids or may award the Contract on the base bid combined with such alternates applied in numerical order in which they are listed in the Form of Bid, as produces a net amount which is within the available funds.

No combined or conditional bids will be accepted.

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Unless the bids seem unreasonably high, the Owner anticipates awarding the Contract promptly on the basis of the greatest advantage to the Owner, considering prices bid, ability, standing and reputation of bidder, capabilities for executing the work and such other elements as the awarding authority may deem pertinent. The Owner retains the right to waive formalities and to reject any or all bids. The information in “Contractor’s Information” must be completed in its entirety and submitted to the City within twenty-four (24) hours (one working day) after the bid opening. Failure to submit the “Contractor’s

Information” within twenty-four (24) hours (one working day) can cause the bid to be deemed non-responsive.

14. OBLIGATION OF BIDDER

At the time of the opening of bids each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the plans and Contract documents (including all addenda). The failure or omission of any bidder to examine any form, instrument, or documents shall in no way relieve the bidder from any obligation in respect of his bid.

15. BID QUANTITIES

The estimated quantities of the various classes of work and materials under this Contract are to be used only as a basis for estimating the probable cost of the work. It is understood and agreed that the actual amount of work to be done and material to be furnished will be based upon actual quantities.

16. STATE AND CITY SALE TAXES

The Contractor's attention is directed to State of Texas, Tax Code, Section 151.311. This section provides that all items used or consumed by a contractor can be purchased free of State and City sales tax if necessary and essential for the performance of the Contract and completely consumed at the job site and when the project is being performed for an agency exempt under State of Texas, Tax Code, Section 151.309.

This Contract is issued by an agency, which qualified for exemption pursuant to the provisions of State of Texas, Tax Code, Section 151.309.

17. PRE-BID CONFERENCE

A Pre-Bid Conference will be held for all bidders at the City of Farmers Branch, Community Services

Conference Room, 13000 William Dodson, Farmers Branch, Texas at 2:00 p.m., Tuesday, August 25, 2026. Any requests for substitute "or equal" products must be submitted in writing to The Engineer at this meeting. Therefore, although not mandatory, it is highly recommended that each entity submitting a bid have a representative at the pre-bid conference. Shop drawings, details, product data sheets or any other pertinent information to assist The Engineer in determining equivalency shall accompany the written request. NO REQUESTS FOR PRODUCT SUBSTITUTION WILL BE CONSIDERED

SUBSEQUENT TO THE PRE-BID CONFERENCE.

Advertisement Dates: Friday, August 14, 2026

Friday, August 21, 2026

Pre-Bid Meeting: Tuesday, August 25, 2026 at 2:00 p.m.

Questions Deadline: Thursday, August 27, 2026 by 5:00 p.m.

Addendum Deadline: Monday, August 31, 2026 by 5:00 p.m.

Bid Opening: Thursday, September 3, 2026 at 2:00 p.m.

Tentative Council Award: October 20, 2026

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18. PROPOSAL EVALUATION CRITERIA

Following receipt of Proposals, each Proposal will be ranked according to the Proposal Evaluation

Criteria within 45-days of the opening date. Owner will select the bid/proposer that demonstrates the best value for the Owner based on the evaluation criteria. The Owner will first attempt to negotiate a contract with the selected proposer. Negotiations may include options for scope or time modification and any related price change. If the Owner is unable to negotiate a contract with the selected

Bidder/Proposer, the Owner will, formally and in writing, end negotiations with that Bidder/Proposer and proceed to the next ranked Proposer until a contract is reached or all Proposals are rejected. The

Owner may select representatives to assist in ranking and negotiations. Award of Contract, if any, will be made by formal action of the City Council.

Proposal Evaluation Criteria:

A. Cost of Construction ................................................................................ 60%

B. Contractor Evaluation (see Technical Specification TS2.1.04) ................. 40%