RFB 25-1357 LL - Park 5 Pier Project.pdf

Request for Bids 4/24/2025 RFB No. 25-1357

Dear Prospective Respondent:

Sealed Bids will be received by the Purchasing Agent or other designee of the Brazos River Authority no later than 10:00 AM, Thursday, May 29, 2025 for LAKE LIMESTONE PARK NO. 5 LOADING DOCK AND FISHING PIER PROJECT. All qualified firms including Small, Minority, Women Owned Businesses and Historically Underutilized Businesses are encouraged to submit bids in response to this request.

Bids must be submitted and received no later than the due date and time specified. Any Bid received later than the specified time, shall not be considered. The BRA is NOT responsible for ensuring the delivery of Bids.

Refer to Section 19. Delivery of Bid Submittals for instructions on submitting a response to this solicitation.

Bid must be clearly identified as follows on the outside of the sealed physical submission. The BRA shall not be responsible for submissions that are not properly identified. Proper identification of Respondent’s bid is the sole responsibility of the Respondent and failure to do so may result in the submission not being included in the bid opening:

RFB TITLE: LAKE LIMESTONE PARK NO. 5 LOADING DOCK AND FISHING PIER PROJECT

RFB NO: 25-1357

RFB DUE DATE: 10:00 AM, Thursday, May 29, 2025

The BRA shall have the right to accept or reject any or all Bids, or any part thereof, and to waive any technicalities in the interest of the BRA.

BRA will evaluate all relevant health, safety and business factors on all solicitations to determine when to initiate a notice to proceed on all projects, delivery of goods and/or services or procurement of construction related services to best attempt to balance BRA needs and to protect the health and safety of BRA employees, the employees of respondents and the public at large.

Sincerely, Victor Venegas Purchasing Agent

4600 Cobbs Drive • Waco, Texas 76710 254-761-3166

RFB No. 25-1357 LAKE LIMESTONE PARK NO. 5 LOADING DOCK AND FISHING PIER PROJECT

SUPPLIER DIVERSITY PURCHASING POLICY

The Brazos River Authority (BRA) will ensure that purchases of equipment, materials, supplies, and/or services conform with Texas Procurement law as applicable to the BRA, are cost effective, and contribute to the competitiveness of the BRA and its customers.

Procurement activities will be conducted in an open and fair manner with equal opportunity provided to all qualified parties. The BRA will provide equal contracting opportunities as provided by all applicable State and Federal laws to small business enterprises, Historically Underutilized Businesses and Disadvantaged Business enterprises.

GENERAL INSTRUCTIONS TO RESPONDENTS

The Work consists of the furnishing of all labor, materials, services, equipment, and appliances required for the delivery and the supplying of products and/or services as described herein and in the contract documents.

1. BID SUBMISSION: Bids must be received no later than the Bid opening date and time specified above. All Bids received after closing time will not be considered.

A. To be considered as eligible, a Respondent shall have complied with all legal requirements to permit him to operate in the State of Texas.

B. Bids must be emailed, mailed or hand delivered to be considered.

2. WITHDRAWAL OF BIDS: No Bid may be withdrawn for a period of ninety (90) days after Bid opening, except by 1) either mutual consent of the BRA and Respondent; or 2) previously submitted Bids may be withdrawn upon written request received from Respondent prior to time established for receipt of Bids.

3. SIGNATURE ON BIDS: To be valid, Bids must be signed by an authorized person. By such signature, Respondent agrees to strictly abide by the terms, conditions, and Scope of work embodied in this Request for Bids.

4. EXAMINATION OF BID DOCUMENTS: Before submitting a Bid, all Respondents shall examine the complete Request for Bids, including Bid Notice, Instruction to Respondent, and Scope of Services, all of which are part of the Bid Documents.

5. ADDENDA: Unless otherwise stated in the Bid, answers to all questions, inquiries, and request for additional information will be issued in the form of Addenda. During the Bid period, prospective Respondent may be advised by Addenda of additions, deletions from, or changes in the requirements of the Bid Documents. The BRA will not be responsible for the authenticity or correctness of oral interpretations of the Bid documents or for information obtained in any other manner than through the media of Addenda. Receipt of each Addendum shall be acknowledged by Respondent.

Any questions concerning this Request for Bid should be submitted on https://www.bidnetdirect.com/texas/brazosriverauthority no later than five (5) days prior to the opening of the Bid. This is to allow the BRA sufficient time to respond to inquiries and provide information to all interested Respondents by Addendum. Unless otherwise stated in the Bid, Addenda will be posted on https://www.bidnetdirect.com/texas/brazosriverauthority.

Respondent is responsible for checking https://www.bidnetdirect.com/texas/brazosriverauthority for updates and Addenda until the time at which the submission is due. Failure to respond to all requirements, including those Addenda, shall be grounds for rejection of your Bid.

6. TAXATION: The BRA is exempt under the Texas Sales Tax and Use Tax Laws, and the Respondent shall not include such taxes in the Bid.

7. QUALIFICATION OF RESPONDENTS: The BRA reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Respondent fails to satisfy the BRA that such Respondent is properly qualified to carry out the obligations of the contract and to complete the Work contemplated herein. Conditional Bids will not be accepted.

8. CONSIDERATION OF BIDS: Unless stated otherwise in the Advertisement or Request for Bids, the properly identified Bids received on time will be opened publicly and read aloud. Respondents are invited to be present.

9. COMPLIANCE WITH SCOPE OF SERVICES AND RIGHT OF

SELECTION: The Respondent shall abide by and comply with the true intent of the scope of services and not take advantage of any unintentional error or omission.

10. QUANTITIES: Unless stated otherwise in this Bid, the BRA is obligated during the period stipulated to purchase all of its normal requirements from the successful Respondent and the Respondent is obligated to supply the quantities which the BRA requires for its operation. The quantities stated are given as a general guide for bidding but are not guaranteed amounts, they represent the best estimated usage. The BRA reserves the option to purchase more or less of these services at the Bid price.

11. REPRESENTATIONS: By execution and submission of this Bid, the Respondent hereby represents and warrants to the BRA that Respondent has read and understands the Bid Documents and this Bid is made in accordance with the Bid Documents.

12. INDEMNIFICATION:

THE RESPONDENT SHALL COMPLY WITH THE REQUIREMENTS

OF ALL APPLICABLE LAWS, RULES, AND REGULATIONS AND

SHALL EXONERATE, INDEMNIFY AND HOLD HARMLESS THE

BRA FROM ANY AND ALL LIABILITY OR DAMAGES RESULTING

FROM FAILURE TO DO SO.

IN ADDITION, THE RESPONDENT AGREES TO INDEMNIFY,

KEEP, SAVE AND HOLD THE BRA HARMLESS FROM ANY AND

ALL ACTIONS, LIABILITIES, DAMAGES, JUDGMENTS, COSTS

AND EXPENSES INCLUDING REASONABLE ATTORNEY’S FEES,

IN CASE AN ACTION IS FILED OR DOES IN ANY WAY ACCRUE

AGAINST THE BRA, ITS OFFICIALS, OFFICERS, AND

EMPLOYEES IN CONSEQUENCE OF THE AWARDED CONTRACT

FOR ANY NEGLIGENT ACT OR OMISSION OF THE RESPONDENT

IN THE PROVISION OF SERVICES UNDER THE AWARDED

CONTRACT, OR THAT MAY RESULT FROM THE CARELESSNESS

OR LACK OF SKILL OF THE RESPONDENT OR THE

RESPONDENT’S OFFICERS, AGENT, CONTRACTORS, ASSIGNS

OR EMPLOYEES. IN THE EVENT A JUDGMENT IS RECOVERED

AGAINST THE BRA FOR ANY SUCH LIABILITY, COSTS OR

EXPENSES, SUCH JUDGMENT SHALL BE CONCLUSIVE

AGAINST THE RESPONDENT.

https://www.bidnetdirect.com/texas/brazosriverauthority

RFB No. 25-1357 LAKE LIMESTONE PARK NO. 5 LOADING DOCK AND FISHING PIER PROJECT

IT IS SPECIFICALLY UNDERSTOOD AND AGREED BY THE

RESPONDENT THAT SUCH INDEMNITY IS INDEMNITY BY THE

RESPONDENT TO INDEMNIFY AND PROTECT THE BRA FROM

LIABILITY, CLAIMS, SUITS, LOSSES, DAMAGES OR CAUSES OF

ACTION DUE TO THE RESPONDENT’S NEGLIGENCE, ERROR OR

OMISSION

13. EVALUATION FACTORS: Respondents may furnish pricing for all or any portion of the solicitation (unless otherwise specified). The BRA may evaluate and award a contract for any item or group of items shown on the Solicitation, or any combination deemed most advantageous to the BRA. Bids that specify an "All or None" award may be considered if a single award is advantageous. In the event of a mathematical discrepancy on the Bid Form, the BRA will only consider the price determined to be most advantageous to the BRA.

14. CRITERIA FOR AWARD: The BRA shall determine and select the Lowest Responsible Bidder from the Vendor/Provider, based solely upon the criteria contained within the bid documents.

15. TERMINATION:

The awarded contract may be terminated at any time by the BRA, in BRA’s sole discretion, for any cause or for convenience without penalty or liability. Upon receipt of such notice, the supplier shall immediately discontinue all services and actions. The BRA shall pay the Respondent promptly the accrued and unpaid amounts due for services to the date of termination, to the extent the services are approved by the BRA.

16. CHANGE OF CONTRACT PRICE:

The agreed upon contract price shall not be exceeded without the prior written consent of the BRA and may only be modified by a written amendment to the contract executed by both BRA and Respondent.

17. PAYMENT: Unless otherwise specified, payment for services and/or product will be processed within thirty (30) days from invoice date and acceptance of work and/or product. Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order including reference to purchase order number and submittal to the correct address for processing. Unit price on invoice shall be in two (2) decimal places only, i.e., $ .XX.

The BRA has set a goal to have as much paperwork submitted electronically. Respondents are asked to submit invoices electronically to the following Accounts Payable email address:

accounts. payable@brazos.org. Respondents who use the electronic service should not mail the original invoice.

18. CONFIDENTIALITY OF DOCUMENTS: The BRA is subject to the Texas Public Information Act (PIA). Any information submitted to the BRA by a Respondent shall be considered non-confidential and available to the public, except as follows:

In the event a Respondent considers a specific portion of their Bid to be confidential and subject to an exception to disclosure under the

PIA, such portion must be clearly identified and marked "CONFIDENTIAL". Do not mark an entire submittal confidential, as this is not in conformance with the PIA and is not acceptable. Only the specific portion or portions of the Bid that the Respondent considers to be confidential pursuant to the PIA should be marked. IF AN

ENTIRE BID IS MARKED CONFIDENTIAL, THE BRA WILL NOT

TREAT ANY PORTION OF THE BID AS CONFIDENTIAL AND THE

BID MAY BE REJECTED AS NON-CONFORMING. The BRA will honor notations of confidentiality made in accordance with this paragraph and decline to release such information initially. However, final determination of whether a particular portion of a Bid may in fact be withheld pursuant to the PIA will be made by the Texas Attorney General or a court of competent jurisdiction.

In the event a public information request is received for a portion of a Bid that has been marked confidential, the BRA shall ask the affected Respondent if the information may be released. If the release is agreed to, the BRA shall release the information.

If the release is denied, the matter shall be referred to the Texas Attorney General's Office in accordance with the process set forth in the PIA. The Respondent shall be fully and solely responsible for submitting arguments and evidence within the statutory timeframes to the Texas Attorney General’s Office regarding its claim of confidentiality. The BRA will NOT submit arguments on behalf of the Respondent.

The Texas Attorney General's office shall rule on the matter. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information may not be withheld, then such information will be made available to the requester. If it is determined that the information may be withheld, BRA will withhold the information from the requestor.

Pricing information contained in Bids or contracts is not considered confidential under the PIA and will be disclosed without making a request to the Texas Attorney General.

REQUEST FOR BIDS

LAKE LIMESTONE PARK NO. 5 LOADING DOCK AND FISHING PIER PROJECT

RFB NO. 25-1357

SUBMITTAL SCHEDULE

Request for Bids are posted on the BidNet Direct website at and prospective Respondents should visit the site for potential updates to bid requirements.

Thursday, April 24, 2025 RFB is available to download from the BRA website at

2:00 PM Thursday, May 1, 2025

Mandatory On-Site Pre-Bid Meeting: Bidders must attend the Mandatory meeting to bid on this project.

Site Location: Brazos River Authority Lake Limestone Office 20226 Sterling Robertson Dam Rd, Thornton, TX 76687

At this prebid/site visit, staff will discuss an overview of the scope of work and general contract terms.

Prospective bidders will be granted access to the project site and staging area

2:00 PM Tuesday, May 6, 2025

Mandatory On-Site Pre-Bid Meeting: Bidders must attend the Mandatory meeting to bid on this project.

Site Location: Brazos River Authority Lake Limestone Office 20226 Sterling Robertson Dam Rd, Thornton, TX 76687

4:00 PM, Friday, May 16, 2025

Last date and time to ask questions or request additional information. Please submit your questions at

4:00 PM, Thursday, May 22, 2025

Post response to questions received as of the deadline or as soon thereafter, as an Addendum on

10:00 AM, Thursday, May 29, 2025

Bids are due.

11:00 AM Thursday, May 29, 2025

Bids will be opened and read out loud virtually at the link below…………………………….

https://youtube.com/live/j7o9paiInEI?feature=share

Local Time Prevailing.

REQUEST FOR BIDS

RFB NO. 25-1357

1. General Contractor shall furnish all labor, materials, tools, equipment and incidentals necessary to satisfactorily design, fabricate, manufacture, furnish, deliver, install, construct, test, and place into service the components and complete assemblies for the Loading Dock and Fishing Pier and associated improvements, including components, features and accessories complete as specified herein.

2. Scope of Services

The scope of services the awarded respondent will be required to follow includes:

a. Furnish all labor, materials, tools, equipment and incidentals necessary to satisfactorily design, fabricate, manufacture, furnish, deliver, install, test, and place into service the components and complete assemblies for a Loading Dock and Fishing Pier including: pier superstructures and fixed pier foundation systems, components, features and accessories complete as specified herein and as shown on the drawings.

b. Demolish and remove existing pier and deck materials that conflict with the construction of the new structures.

c. Provide detailed pier plans and design calculations, properly signed and sealed by a Professional Engineer registered in the State of Texas including, but not limited to, the following: design of foundation, superstructure, framing, decking, and railing.

d. Provide all necessary supplemental engineering analysis to support the development of a complete set of construction documents including, but not limited to, the following:

i. Hydrographic survey,

ii. Geotechnical exploration, data, analysis, and design parameters,

iii. Design wind and wave loading conditions.

e. Provide all necessary plans, specifications, and services to comply with Texas Accessibility Standards (“TAS”) and Texas Department of Licensing and Regulation requirements (“TDLR”), including, but not limited to, the following:

i. Registering the project in the Texas Architectural Barriers System (“TABS”).

ii. Providing a complete set of the construction drawings in PDF format.

iii. Submitting a fully completed TDLR Proof of Submission Form (“POS”) in PDF format signed and dated by the Texas licensed design professional having overall responsibility for the design of the project.

iv. Coordinating plan/project review with a Registered Accessibility Specialist.

v. Modifying plan/project to comply with relevant TAS and TDLR requirements, if necessary.

vi. Coordinating any necessary inspections once construction has been complete.

vii. Providing and submitting any other documentation that may be required by TDLR, TABS, or other applicable agencies.

PLANS AND SPECIFICATIONS - Refer to Exhibit A, Lake Limestone Park No. 5 Loading Dock and Fishing Pier Project

3. Base Bid Bid price to include all labor, materials, tools, equipment and incidentals necessary to satisfactorily design, fabricate, manufacture, furnish, deliver components, complete assemblies, and obtain final approval from TDLR.

4. Information Required in the RFB Submittal - Tab Format

The BRA specifically requests succinct submittals tailored to the general and discipline-specific scope of services summarized above. All submittals become the property of the BRA. Each Bid submittal shall include the information requested below.

Tab A: Include the following:

(1) Date your company was established and a brief history; number of employees; provide number and location of offices.

(2) Provide name, title and office location of person who will be the principal contact for the BRA and the billing location if different.

(3) Describe the types of organizations that your company typically serves and general nature of the work.

(4) A list and description of similar services completed within the last five years under your current company name or any other company name similar in nature to this solicitation. This should include the name, the location, a brief description of Scope of Services, and a contact name and telephone number of a reference for each client. List litigation that your company has been a party to in the last five (5) years, under your current company name or any other company name. Include only litigation that involves business units in your company that are submitted for performing services under this RFB.

(5) List all such litigation involving owners and/or general contractors. To be fully responsive, provide the level of detail in the attached example, as well as a name and phone number to contact an authorized representative of your company in the event that the BRA needs to clarify your response. Failure to be fully responsive will be sufficient grounds for the BRA to disqualify your company.

(6) Have you ever defaulted, failed to complete a contract or had a contract terminated by the other party? If so, where and why? Provide name and telephone number of the other party.

Tab B: Include the following:

(1) Complete and submit the attached Request for Bids – Bid Form

(2) Complete and submit the attached W-9 form, or if foreign entity submit the appropriate tax document information.

(3) Complete and submit the attached Conflicts of Interest Questionnaire [CIQ] form.

(4) Complete and submit the Non-Collusion Affidavit form.

(5) Complete and submit the Vendor Compliance to State Law form.

(6) Sign and return Bid Bond with your submission.

(7) Hub Subcontracting Plan

Tab C: Include the following:

(1) List of all anticipated subcontractors with quoted bid expenses greater than $10,000.

(2) Name of intended dock manufacturer(s) if subcontracted

(3) Conceptual dock plans generated by the manufacturer or engineer of record.

5. Hub Subcontracting Plan This solicitation requires a HUB Subcontracting Plan to be completed and submitted. The HUB Subcontracting Plan is attached to this solicitation. If you have any questions regarding the HUB Subcontracting Plan please contact Bryan Gray HUB Coordinator at Bryan.gray@Brazos.org.

6. Hub Subcontracting Plan Instructions (If Self Performing HUB and no Subcontractors) If you will not be subcontracting any portion of the contract and will be fulfilling the entire contract with your own resources (i.e., employees, supplies, materials and/or equipment), follow the instructions on the HUB Subcontracting Plan Checklist, first page of the HUB Plan included in this solicitation.

Section 1 - Respondent and Requisition Information

Section 2 a. - No, I will not be subcontracting any portion of the contract, and I will be fulfilling the entire contract with my own resources.

Section 3 - Self Performing Justification Section 4 – Affirmation (Remember to sign Section 4)

If you are subcontracting any work please follow the instructions on the HUB Subcontracting Plan Checklist, first page of the HUB Plan included in this solicitation.

mailto:Bryan.gray@Brazos.org

7. Bid Bond Each Bid must be accompanied by Bid security deposit made payable to the BRA in an amount of 5% of the Bidder’s maximum Bid price. All bonds shall be issued by a surety authorized to conduct business in the State of Texas.

8. Performance, Payment and Warranty Bonds Awarded Respondent must provide performance and payment bonds and warranty bond for this contract. All bonds shall be issued by a surety authorized to conduct business in the State of Texas.

9. RFB Inquiries All inquiries, including clarifying questions, related to this RFB shall only be directed to the Purchasing Agent via https://www.bidnetdirect.com/texas/brazosriverauthority. The Purchasing Agent will direct any inquiries to the appropriate BRA staff, a response will be issued and if warranted, an Addendum will be posted on the BidNet Direct site Failure to adhere to this restriction during the advertising, evaluation, and selection phases will result in the rejection of a Respondent’s Bid.

10. Respondent’s Past Performance BRA will consider Respondent’s past performance and may conduct reference checks with other entities regarding past performance. BRA may examine Respondent’s performance including but not limited to: the Comptroller of Public Accounts Statewide Procurement Divisions Vendor Performance Tracking System, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, repeated negative performance, records of repeated non-responsiveness to performance issues, and non-renewals of contracts. Such sources of Respondent performance may include any governmental entity, whether an agency or political subdivision of the State of Texas, another state, or the Federal government. Further, BRA may initiate such examinations of Respondent performance based upon media reports. Any such investigations shall be at the sole discretion of BRA, and any negative findings, as determined by BRA, may result in non-award to Respondent.

11. Conflict of Interest Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local government entity (i.e., Brazos River Authority) must disclose in the Conflicts of Interest Questionnaire Form ("CIQ") the person's affiliation or business relationship that might cause a conflict of interest with the local government entity. By law, the CIQ must be filed with the BRA Records Management Officer no later than seven (7) days after the date the person begins contract discussions or negotiations with the BRA, or submits an application or response to a Request for Bids, correspondence, or another writing related to a potential agreement with the BRA. Updated Questionnaires must be filed in conformance with Chapter 176.

A copy of the CIQ is attached. If you have any questions about compliance, please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 carries a penalty up to a Class A misdemeanor.

12. Disclosure of Interested Parties Pursuant to Section 2252.908 of the Government Code, the selected Firm in contracts for the sale or purchase of property, goods, or services with a local government entity (i.e., BRA) anticipated to have a value of at least $250,000/$500,000 must submit a Disclosure of Interested Parties Form to the local government entity that discloses all persons at the Selected Firm who have a controlling interest in the selected Firm or who actively participated in facilitating the contract or negotiating the terms of the contract.

The requirements of Section 2252.908 of the Government Code are subject to change, and if you have any questions about compliance, please consult your own legal counsel.

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

13. Term of Agreement The term of this Contract shall commence on the Effective Date of this Contract and shall continue until the Work is completed.

14. Contract The contract will be awarded to the lowest responsible Respondent. The executed contract between BRA and the selected Respondent shall be a BRA standard form contract. Contract terms are not subject to modification and Respondent will be expected to execute the contract in substantially the form provided. Respondent should not base a bid on an expectation that BRA will modify its contract terms.

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

The BRA reserves the right to award contract(s) without any negotiations and reserves the right to not make awards. The BRA reserves the right to conduct studies and other investigations as necessary to evaluate any submittal. Submission of a bid confers no legal right upon any Respondent.

The decision of BRA, or its designee with regard to the above, shall be administratively final. BRA, in its sole discretion, may waive administrative deficiencies and/or minor technicalities in submittals received.

15. Insurance Requirements The Respondent shall, at Respondent’s sole expense, maintain insurance coverage as determined acceptable to the BRA. The Respondent must obtain the following minimum insurance requirements and provide proof to the BRA prior to entering into a contract:

General Liability Insurance:

Bodily Injury Bodily Injury

$1,000,000 per occurrence $2,000,000 aggregate

Property Damage $1,000,000 per occurrence Property Damage $ 2,000,000 aggregate

Workers’ Compensation:

Statutory

Comprehensive Automobile Liability: $ 1,000,000 per claim / aggregate

Employers’ Liability

$ 1,000,000 policy limit

Marine Liability Insurance

Pollution Liability

$ 1,000,000 per occurrence $ 2,000,000 aggregate

$ 1,000,000 policy limit

Before beginning any work under this agreement, the Respondent is required to register with myCOItracking.com and upload documentation that meets the insurance requirements outlined in this agreement. Work WILL NOT commence until the certificate of insurance is approved as compliant. The Respondent must add registration@myCOItracking.com and certificaterequest@myCOIsolution.com to their safe sender list to ensure receipt of essential communications from myCOI. If any issues arise during registration, please contact the myCOItracking support team at (317) 759-9426.

16. Testing The BRA reserves the right to inspect and test the submitted product. The BRA in its sole Discretion may disqualify a submitted product as non-conforming to the specifications if the product does not meet the requirements of the specifications during testing.

17. Prevailing Minimum Wage Rate Determination In accordance with the provisions of Texas Government Code Chapter 2258, Respondents are advised that Respondent, and any Subcontractors, must pay the general prevailing wage rates for construction for each craft or type of worker or mechanic employed. A copy of the BRA’s prevailing wage rates for the locality in which the work under this RFB will be performed is attached. The penalty for any violation of these provisions shall be $60.00 per underpaid worker per day or portion thereof.

18. Recycled and Recyclable Products The BRA encourages the use of recycled products and products that may be recycled or reused.

19. Delivery of Bid Submittals Bids may be submitted in one of the following manners:

Electronic Transmission. Electronic Bids will be received on the following platform. BidNet Direct requires you to register at no charge.

Drop Box Submission Prior to Bid Submission Deadline: Hand delivery of one sealed, clearly identified original signed paper copy submission may be received up to the bid submission deadline contained in the solicitation at the Brazos River Authority, 4600 Cobbs Drive, Waco, TX. 76710, utilizing the secure drop box located at the office building. The BRA shall not be responsible for submissions that are not properly identified. Proper identification of Respondent’s bid is the sole responsibility of the Respondent and failure to do so may result in the submission not being included in the bid opening.

Mail-In Delivery: Mailed by commercial carrier, overnight or express mail, one sealed clearly identified original signed paper copy submission may be accepted by the Purchasing Agent or other designee up to the bid submission deadline contained in the solicitation at the Brazos River Authority, 4600 Cobbs Drive, Waco, Tx. 76710. The BRA shall not be responsible for submissions that are not properly identified. Proper identification of Respondent’s bid is the sole responsibility of the Respondent and failure to do so may result in the submission not being included in the bid opening.

REQUEST FOR BIDS – BID FORM

RFB No. 25-1357

Base Item No.

Description Quantity Unit Bid Amount

LOADING DOCK

1 DESIGN SUBMITTAL REVIEW 1 LS

2 MOBILIZATION / DEMOBILIZATION 1 LS

3 DEMOLITION 1 LS

4 LOADING DOCK FOUNDATION 1 LS

5 LOADING DOCK DECK STRUCTURE 1 LS

6 LOADING DOCK ELECTRICAL 1 LS

7 LOADING DOCK LIGHTING 1 LS

8 LOADING DOCK SIGNAGE 1 LS

9 LOADING DOCK PARKING

IMPROVEMENTS 1 LS

Base Bid Total:

ALTERNATE BID ITEMS

A1 FISHING PIER FOUNDATION 1 LS

A2 FISHING PIER DECK STRUCTURE 1 LS

A3 FISHING PIER ELECTRICAL 1 LS

A4 FISHING PIER LIGHTING 1 LS

A5 FISHING PIER SIGNAGE 1 LS

A6 SIDEWALK IMPROVEMENTS 1 LS

ACKNOWLEDGMENT OF REQUEST FOR BIDS AND

RECEIPT OF ADDENDA

Lake Limestone Park NO. 5 Loading Dock and Fishing Pier Project RFB No. 25-1357

RESPONDENT MUST ACKNOWLEDGE RECEIPT OF THIS REQUEST FOR BIDS AND ADDENDA BY SIGNING

BELOW AND SUBMITTING THIS ACKNOWLEDGEMENT WITH YOUR BID. FAILURE TO SIGN THIS

ACKNOWLEDGEMENT WILL DISQUALIFY THE BID AS NON-RESPONSIVE. SIGNATURE SHALL BE

HANDWRITTEN.

This acknowledgement shall become part of your response and the subsequent contract documents if applicable.

ACKNOWLEDGMENT OF REQUEST FOR BIDS:

Respondent hereby acknowledges that it has received and read the Request for Bids and all Addenda, and that this Bid is made in accordance with the provisions thereof. Respondent acknowledges that this Bid meets or exceeds all terms, requirements, conditions, and/or specifications set forth in the Request for Bids and Addenda, and exceptions or deviations from such terms, requirements, conditions, and/or specifications, if any, have been clearly and conspicuously identified as such in the Bid.

Does your company have 10 or more full time employees? Check one box only.

YES NO

Name of Firm (Respondent)

Signature – Authorized Representative

Printed Name

Date

E-mail Address

Telephone

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

FORM CIQ

OFFICE USE ONLY

Date Received

This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.

This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).

By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.

A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor.

1 Name of vendor who has a business relationship with local governmental entity.

Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)

3 Name of local government officer about whom the information is being disclosed.

Name of Officer

4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.

Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary.

A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor?

Yes No

B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity?

Yes No

5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an

Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).

Signature of vendor doing business with the governmental entity Date ownership interest of one percent or more.

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021

Revised 1/1/2021Form provided by Texas Ethics Commission www.ethics.state.tx.us

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.

Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on:

(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity;

(B) a transaction conducted at a price and subject to terms available to the public; or

(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency.

Local Government Code § 176.003(a)(2)(A) and (B):

(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:

(2) the vendor:

(A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that

(i) a contract between the local governmental entity and vendor has been executed;

or

(ii) the local governmental entity is considering entering into a contract with the vendor;

(B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that:

(i) a contract between the local governmental entity and vendor has been executed; or

(ii) the local governmental entity is considering entering into a contract with the vendor.

Local Government Code § 176.006(a) and (a-1)

(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:

(1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);

(2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or

(3) has a family relationship with a local government officer of that local governmental entity.

(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of:

(1) the date that the vendor:

(A) begins discussions or negotiations to enter into a contract with the local governmental entity; or

(B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or

(2) the date the vendor becomes aware:

(A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a);

(B) that the vendor has given one or more gifts described by Subsection (a); or

(C) of a family relationship with a local government officer.

Revised May 2007

NON-COLLUSION AFFIDAVIT

STATE OF TEXAS §

COUNTY OF ________ §

By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at

Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal.

Signature:

Printed Name:

Title:

Company:

Date:

SUBSCRIBED and sworn to before me the undersigned authority by the of, on behalf of said bidder.

Notary Public in and for the State of Texas

My commission expires: ____________

VENDOR COMPLIANCE TO STATE LAW

VENDOR COMPLIANCE TO STATE LAW

Section 2252.002, Texas Government Code, provides that, in order to be awarded a contract as low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the State in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B.

A. Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached.

Non-resident vendors in (give state), our principal place of business, are not required to underbid resident bidders.

B. Our principal place of business or corporate office is in the State of Texas.

Please Check or mark with an "X"

BIDDER:

By: Company (please print)

Signature:

(please print)

Title: _______________________________ (please print)

City / State Zip

THIS FORM MUST BE RETURNED

BRA MASTER – 00400A – BID BOND – February 2010 Page 1 of

00400 BID BOND

Surety Bond No.

STATE OF TEXAS §

KNOW ALL PERSONS BY THESE

PRESENTS:

COUNTY OF McLENNAN §

That we, _______________________________, as Principal, and ______________ , as Surety, are hereby held and firmly bound unto the Brazos River Authority, Waco, McLennan County, Texas, as Obligee, in the penal sum of _____________________ and No/100 ($________.00), for the Project defined below, for payment whereof the said Principal and Surety bind themselves, their heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

Whereas the Principal has executed an agreement with Obligee, dated ____________________, 200_, (“Agreement”) to construct the Design Build Project, Project CIP ID No. ____-____-____, (the “Project”).

Whereas, the Agreement allows the Work to be performed in incremental components of the Work (each, individually, a “Work Component”) with the scope of Work and a Guaranteed Maximum Price to be established for each such Work Component through an Work Authorization Amendment to the Agreement, and further requires the Principal to provide Performance and Payment Bonds in the amount of 100% of each such Guaranteed Maximum Price within 10 days after the execution of the Work Authorization Amendment.

NOW THEREFORE, the condition of this obligation is such that, if the Principal executes a Work Authorization Amendment with a Guaranteed Maximum Price as those terms are defined in the Agreement and Contract Documents, but fails to, within the time and as required by the Agreement, give Performance and Payment Bonds for the Work Package GMP or, as applicable , increase the penal sums on the previously issued bonds to the total sum of all approved Guaranteed Maximum Prices under all approved Work Authorization Amendments to secure the performance of the terms and conditions of the Agreement, the Principal and Surety will pay unto the Obligee the penal sum of this Bond, however, if the Principal provides such Performance and Payment Bonds, then this obligation becomes void.

This bond is executed pursuant to Section 271.118(l) of the Texas Local Government Code and Chapter 2253, Texas Government Code as amended and all liabilities on this bond will be determined in accordance with provisions of Chapter 2253 as if it were entirely copied herein.

IN WITNESS WHEREOF, the above named parties have executed this instrument under their several seals this ___________ day of ____________________________ in the year ______, the name and corporate seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative pursuant to authority of its governing body.

(SEAL)

Principal

ATTEST:

By: By:

(Typed Name and Title) (Typed Name and Title)

(SEAL)

Surety

ATTEST:

By: By:

(Typed Name and Title) (Typed Name and Title)

BRA MASTER – 00400A – BID BOND – February 2010 Page 2 of

Name and address of the Resident Agent of Surety:

Note: Bond must be issued by a solvent Surety company authorized to do business in Texas, and must meet any other requirements established by law or by oblige pursuant to applicable law. A copy of Surety agent’s Power of Attorney must be attached hereto.

END of SECTION

EXAMPLE RESPONSE TO LITIGATION HISTORY QUESTION

Date Parties Nature/Description of Litigation Outcome 2010 XYZ, Inc. v. Owner Owner brought suit against XYZ, Inc.

claiming flawed design of a concrete pad.

XYZ, Inc.

Nonsuited

2011 XYZ, Inc. v. Owner XYZ, Inc. retained to design bike path, the path collapsed in construction and owner sued XYZ, Inc. and contractor

Settled

2012 XYZ, Inc. v. Contractor Contractor claimed XYZ, Inc. negligent on a project where Contractor was constructing a tower and the tower allegedly incorporated incorrect materials. XYZ, Inc. disputes the allegations.

Ongoing

Rev. 2/17

HUB Subcontracting Plan (HSP)

QUICK CHECKLIST

While this HSP Quick Checklist is being provided to merely assist you in readily identifying the sections of the HSP form that you will need to complete, it is very important that you adhere to the instructions in the HSP form and instructions provided by the contracting agency.

If you will be awarding all of the subcontracting work you have to offer under the contract to only Texas certified HUB vendors, complete:

Section 1 - Respondent and Requisition Information Section 2 a. - Yes, I will be subcontracting portions of the contract.

Section 2 b. - List all the portions of work you will subcontract, and indicate the percentage of the contract you expect to award to Texas certified HUB vendors.

Section 2 c. - Yes Section 4 - Affirmation GFE Method A (Attachment A) - Complete an Attachment A for each of the subcontracting opportunities you listed in Section 2 b.

If you will be subcontracting any portion of the contract to Texas certified HUB vendors and Non-HUB vendors, and the aggregate percentage of all the subcontracting work you will be awarding to the Texas certified HUB vendors with which you do not have a continuous contract* in place for more than five (5) years meets or exceeds the HUB Goal the contracting agency identified in the “Agency Special Instructions/Additional Requirements”, complete:

Section 1 - Respondent and Requisition Information Section 2 a. - Yes, I will be subcontracting portions of the contract.

Section 2 b. - List all the portions of work you will subcontract, and indicate the percentage of the contract you expect to award to Texas certified HUB vendors and Non-HUB vendors.

Section 2 c. - No Section 2 d. - Yes Section 4 - Affirmation GFE Method A (Attachment A) - Complete an Attachment A for each of the subcontracting opportunities you listed in Section 2 b.

If you will be subcontracting any portion of the contract to Texas certified HUB vendors and Non-HUB vendors or only to Non-HUB vendors, and the aggregate percentage of all the subcontracting work you will be awarding to the Texas certified HUB vendors with which you do not have a continuous contract* in place for more than five (5) years does not meet or exceed the HUB Goal the contracting agency identified in the “Agency Special Instructions/Additional Requirements”, complete:

Section 2 a. - Yes, I will be subcontracting portions of the contract.

Section 2 b. - List all the portions of work you will subcontract, and indicate the percentage of the contract you expect to award to Texas certified HUB vendors and Non-HUB vendors.

Section 2 c. - No Section 2 d. - No Section 4 - Affirmation GFE Method B (Attachment B) - Complete an Attachment B for each of the subcontracting opportunities you listed in Section 2 b.

If you will not be subcontracting any portion of the contract and will be fulfilling the entire contract with your own resources (i.e., employees, supplies, materials and/or equipment), complete:

Section 2 a. - No, I will not be subcontracting any portion of the contract, and I will be fulfilling the entire contract with my own resources.

Section 3 - Self Performing Justification Section 4 - Affirmation

*Continuous Contract: Any existing written agreement (including any renewals that are exercised) between a prime contractor and a HUB vendor, where the HUB vendor provides the prime contractor with goods or service, to include under the same contract for a specified period of time. The frequency the HUB vendor is utilized or paid during the term of the contract is not relevant to whether the contract is considered continuous. Two or more contracts that run concurrently or overlap one another for different periods of time are considered by CPA to be individual contracts rather than renewals or extensions to the original contract. In such situations the prime contractor and HUB vendor are entering (have entered) into “new” contracts.

HUB Subcontracting Plan (HSP)

In accordance with Texas Gov’t Code §2161.252, the contracting agency has determined that subcontracting opportunities are probable under this contract. Therefore, all respondents, including State of Texas certified Historically Underutilized Businesses (HUBs) must complete and submit this State of Texas HUB Subcontracting Plan (HSP) with their response to the bid requisition (solicitation).

NOTE: Responses that do not include a completed HSP shall be rejected pursuant to Texas Gov’t Code §2161.252(b).

The HUB Program promotes equal business opportunities for economically disadvantaged persons to contract with the State of Texas in accordance with the goals specified in the 2009 State of Texas Disparity Study. The statewide HUB goals defined in 34 Texas Administrative Code (TAC) §20.284 are:

• 11.2 percent for heavy construction other than building contracts,

• 21.1 percent for all building construction, including general contractors and operative builders’ contracts,

• 32.9 percent for all special trade construction contracts,

• 23.7 percent for professional services contracts,

• 26.0 percent for all other services contracts, and

• 21.1 percent for commodities contracts.

- - Agency Special Instructions/Additional Requirements - -

Respondent (Company) Name:

Point of Contact:

State of Texas VID #:

Bid Open Date:

SECTION 1: RESPONDENT AND REQUISITION INFORMATION

(mm/dd/yyyy)

- Yes - No a.

b.

c.

In accordance with 34 TAC §20.285(d)(1)(D)(iii), a respondent (prime contractor) may demonstrate good faith effort to utilize Texas certified HUBs for its subcontracting opportunities if the total value of the respondent’s subcontracts with Texas certified HUBs…