REQUEST FOR PROPOSAL

CITY OF BRYAN CEMETERY MAINTENANCE SHOP AND

SALES OFFICE – DEMOLITION AND RECONSTRUCTION

RFP #27-006

Purchasing Department

Phone: (979) 209-5500 ● e-Fax: 800-296-4077

Date Issued: October 21, 2026

Electronic or Sealed Proposals Due: November 10, 2026 @ 2:00 PM CST

Join Zoom Meeting https://us02web.zoom.us/j/81814860549?pwd=vvleCIT5jUzLeJN9bZvamiMwEztRK0.1 Meeting ID: 818 1486 0549 Passcode: 421691 Dial In: 1-346-248-7799

Proposer: _____________________________________

TABLE OF CONTENTS

CITY OF BRYAN SPECIAL PROJECTS DEPARTMENT

CONTRACT DOCUMENTS AND SPECIFICATIONS FOR

CITY OF BRYAN CEMETERY MAINTENANCE SHOP AND SALES OFFICE – DEMOLITION

AND RECONSTRUCTION

Disclosure Requirements…………………………………………………………………….2

Additional Certifications……………………………………………………………………...3

Request for Competitive Sealed Proposals……………………………………………….4

Anticipated Schedule of Events……………………………………………………………..5

Project Scope, Budget and Completion Date……………………………………………..7

Proposal Pages (UNDERLINED MUST BE RETURNED WITH PROPOSAL)……..8-19

General Provisions and Requirements…………………………………………….....19-61

Special Provisions………………………………………………………………………..62-64

Standard Specifications……………………………………………………………………..65

Project Technical Specifications (Provided as Separate ATTACHMENT’S 1-3)…..66

Construction Drawings (Provided as Separate ATTACHMENT’S 4-5)……………...67

ATTACHMENT 6 - Sample Contract (AIA A105)…………………………………………68

EXHIBIT A – Insurance Requirements………………………………………………..69-72

Performance Bond……………………………………………………………………….73-74

Payment Bond…………………………………………………………………………….75-76

ATTACHMENT A - City of Bryan Record of Excavation…………………………...77-78

ATTACHMENT B - City of Bryan Contractor Registration Program Instructions…79

ATTACHMENT C - Policy Utility Installation Notifications………………………..80-81

ATTACHMENT D - Wage Scale……………………………………………………………..85

ATTACHMENT E - Sales Tax Exemption Permit………………………………………..83

ATTACHMENT F - Contractor’s Affidavit of Bills Paid……………………………..84-85

DISCLOSURE REQUIREMENTS

Chapter 176 of the Texas Local Government Code mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Bryan, including affiliations and business and financial relationships such persons may have with City of Bryan officers. An explanation of the requirements of Chapter 176, applicable forms and a complete text of the new law are available at:

http://www.bryantx.gov/purchasing-services/#vendorethics

If you are unable to obtain such information online, please contact the City of Bryan Purchasing Department, 2611 N Earl Rudder Fwy, Bryan, Texas 77803 or call (979) 209- 5505.

BY DOING BUSINESS OR SEEKING TO DO BUSINESS WITH THE CITY OF BRYAN,

YOU ACKNOWLEDGE THAT YOU HAVE BEEN NOTIFIED OF THE REQUIREMENTS

OF CHAPTER 176 OF THE TEXAS LOCAL GOVERNMENT CODE AND THAT YOU

ARE SOLELY RESPONSIBLE FOR COMPLYING WITH THEM.

DISCLOSURE OF INTERESTED PARTIES

In 2015, the Texas Legislature adopted House Bill 1295, which added section

2252.908 of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The law applies only to a contract of a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or

(2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016. The process as implemented by the Commission is as follows:

1. A business entity must use the application to enter the required information on Form 1295 and print a copy of the form and a separate certification of filing that will contain a unique certification number.

2. An authorized agent of the business entity must sign the printed copy of the form and have the form notarized. The completed Form 1295 and certification of filing must be filed with the city “at the time the business entity submits the signed contract” to the city.

3. The city must notify the Commission, using the Commission’s filing application, of the receipt of the filed Form 1295 and certification of filing not later than the 30th day after the date the contract binds all parties to the contract.

For more information regarding how to file Form 1295, please click on the following link: https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm .

http://www.bryantx.gov/purchasing-services/#vendorethics http://www.legis.state.tx.us/tlodocs/84R/billtext/html/HB01295F.htm https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

ADDITIONAL CERTIFICATIONS

Pursuant to Texas Government Code 2252.152, contracts with companies engaged in business with Iran, Sudan, or foreign terrorist organizations are prohibited; a governmental entity may not enter into a governmental contract with a company that is identified on a list prepared and maintained under Government Code Sections 806.051, 807.051, or 2252.153.

Pursuant to Government Code 2270.002, a governmental entity may not enter into a contract with a company for goods or services unless the contract contains written verification the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract.

Confidential Information

Any information deemed to be confidential or proprietary by Proposer should be clearly annotated on the pages where confidential or proprietary information is contained. The City cannot guarantee that it will not be required to disclose all or part of any public record under Texas Public Information Act, since information deemed to be confidential or proprietary by Proposer may not be confidential or proprietary under Texas Law, or pursuant to a Court order. Pursuant to Government Code, Chapter 552, the City must disclose certain contracting information and the law presumes that most contracting information is public. Certain types of contracting information must generally be released under the Public Information Act: overall price; price and description of items or services to be delivered; delivery and service deadlines; remedies for breach of contract; identity of the parties to the Contract; execution and effective dates; and information connected to a vendor or contractor’s performance on the Contract. Additionally, information regarding performance under the Contract, including breaches of the Contract, Contract variances, amendments, liquidated damages, and other penalties for non- performance, must generally be released under the Public Information Act.

The requirements of Subchapter J, Chapter 552, Government Code, may apply to this RFP and the contractor or vendor agrees that the Contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter.

http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=GV&Value=552

REQUEST FOR COMPETITIVE SEALED PROPOSALS

Pursuant to Chapter 2269 of the Texas Government Code and other applicable law, the City of Bryan (the “City”) is soliciting Competitive Sealed Proposals from qualified firms interested in providing construction services in connection with the construction of:

CITY OF BRYAN CEMETERY MAINTENANCE SHOP AND SALES OFFICE –

DEMOLITION AND RECONSTRUCTION

• In order to ensure a fair and public process, all questions related to this Request for

Proposals shall be addressed in writing, via the Brazos Valley Online Bidding System (https://brazosbid.ionwave.net/) to the individual identified above prior to 10:00 AM CST on November 3, 2026. Contact with any City of Bryan employee or official is prohibited without prior written consent from the City Purchasing Supervisor.

Failure to observe this requirement may be grounds for rejection of the Proposal.

• You may upload one (1) electronic proposal response in the format prescribed herein to the City’s procurement website at https://brazosbid.ionwave.net/. The electronic submission must include all required elements of the RFP, such as pricing, required forms, and supporting documentation. Electronic submission closes at 2:00 PM CST on November 10, 2026. Please note: The City of Bryan is not responsible for high internet traffic or technical issues at or near the submission deadline.

Respondents who submit during peak traffic times assume the risk that their response may not be received by the due date and/or time.

Alternatively, if you choose to submit a hard copy, one (1) original proposal response must be returned in a sealed envelope clearly bearing the name and address of the respondent. Sealed proposal responses will be accepted until 2:00 PM CST on November 10, 2026, and shall be delivered to the location noted below:

RFP No. 27-006 City of Bryan, Purchasing Department

Attn: Ashley Foley 2611 N. Earl Rudder Frwy

Bryan, Texas 77803

Proposal Opening via Zoom:

MEETING ID: 818 1486 0549

PASSCODE: 421691

Plans, Specifications and Information for Proposers are online at https://brazosbid.ionwave.net or may be examined at the Purchasing Department Office at 2611 N. Earl Rudder Frwy, Bryan, Texas, (979) 209-5505. No Proposal may in any way qualify, modify, substitute or change any part of the specifications or contract documents.

https://brazosbid.ionwave.net/

The City believes that the data contained in these specifications is sufficient for the preparation of Competitive Sealed Proposals. Requests for additional information will be considered depending on the proposal time frame and the availability of the requested information. Such information will be submitted to all known Proposers simultaneously on the website mentioned above.

Pursuant to Government Code Chapter 2269, subchapter D, the City of Bryan may enter into a contract with the Offeror meeting all the qualifications and specifications that submits the Competitive Sealed Proposal that offers the best value to the City.

The City will evaluate and rank Proposals considering the selection criteria and weighted value set forth in the request for proposals. The City of Bryan reserves the right to accept or reject any or all Proposals, to waive any informalities and technicalities, to accept the offer considered most advantageous and to award the Proposal to the vendor offering the best value to the City of Bryan. Additionally, all Proposers are hereby notified that the City of Bryan shall consider all factors it believes to be relevant in the determination of the best value including, but not limited to, the proximity of the Proposer as it relates to their ability to perform the contract for the City of Bryan.

ANTICIPATED SCHEDULE OF EVENTS

• October 21, 2026 – Post proposal

• October 26, 2026 @ 3:00PM PRE-PROPOSAL MEETING NON-MANDATORY Via Zoom https://us02web.zoom.us/j/81917862323?pwd=ljWsFHcI8c1XMCJ6qaQv9aahLakpbl.1 Meeting ID: 819 1786 2323 Passcode: 692036 Dial: 13462487799

TO CONDUCT SITE VISITS -(appointment only): contact Kathy Yeager (979-209-5523) or Whitney Tasillo (979-209-5520)

• November 3, 2026 @ 10:00 AM – Deadline for written requests for clarifications to the RFP.

All questions related to this Request for Proposal shall be addressed in writing, via the Brazos Valley Online Bidding System ( http://brazosbid.ionwave.net.)

• November 10, 2026 @ 2:00 PM – Public proposal opening via Zoom. Any proposal received on or after 2:00 PM CST will be returned unopened. Failure to properly address the outside of envelope/package may result in late delivery to buyer.

• November 2026: Anticipated date of award

• December 8, 2026: City council approves contract https://us02web.zoom.us/j/81917862323?pwd=ljWsFHcI8c1XMCJ6qaQv9aahLakpbl.1 http://brazosbid.ionwave.net

PROJECT SCOPE, BUDGET AND COMPLETION DATE

DEMOLITION AND RECONSTRUCTION

RFP # 27-006

Architect/Engineer: Project has been designed by Singleton Zimmer Srnensky Architects (SZS), LLC 1711 Cavitt Ave Bryan, Texas 77801

Location: The Project is located in the Bryan City Cemetery (1111 N Texas Ave, Bryan, Texas)

Project Scope: The city anticipates the scope of work for the Project to consist of the following responsibilities and the following items:

• Construction of new maintenance shop with sales office

• Concrete foundation and flatwork, wood framed structure, engineered trusses, masonry

• HVAC, electrical, plumbing, asphalt shingle roof, interior finishes and associated trades

Refer to “Construction Documents” (CD) and specifications, including Addendum 01, which identify entirety of Project Scope. CDs, including Addendum 01, shall be the primary reference for determining overall proposal cost.

The Project will be designed and constructed so as to meet all applicable federal, state, and local accessibility standards.

The selected Offeror will be also responsible for: Inspections, providing all necessary performance and payment bonds and insurance certificates, providing the Owner with all manufacturers’ warranties and all operations and maintenance (O&M) manuals for all equipment installed.

The selected Offeror may be required to perform some or all of the following pre-construction and construction services. Preconstruction Services may include, but not necessarily be limited to, planning and value engineering the Work. Construction Services may include, but not necessarily be limited to, all work associated with construction, occupancy and warranty of the facilities.

Project Estimated Budget: $300,000.00

Project Estimated Commencement Date: The Contractor shall complete all work within 270 calendar days from the commencement date established in the City's written Notice to Proceed. The City reserves the right to adjust the commencement date, phase construction activities, or modify the project schedule as necessary due to changes in project scope, operational requirements, or other circumstances, subject to applicable contract provisions. Any adjustment to the contractual completion period shall be documented and approved in accordance with the Contract.

PERMITS: Applicable permits have been obtained and ready to be issued immediately upon contract execution.

NOTE: The City of Bryan shall not be responsible for incorrect quantities shown on the Engineer’s Opinion of Probable Construction Cost spreadsheet. It is the responsibility of each bidder to verify all quantities and submit a bid that includes all labor, materials, equipment, and associated costs necessary to complete the work as a “turnkey” project, in accordance with the solicitation documents, plans, and specifications.

PROPOSAL INSTRUCTIONS

The following items must be included with the Competitive Sealed Proposal (CSP) when it is submitted. The City reserves the right to reject any CSP for failure to comply with these requirements. The Proposal Pages may be removed from the specification booklet and submitted with a proposal bond or cashier’s check. It is not necessary to include copies of the addendums. A space to acknowledge receipt of addendums is included in the RFP documents.

All proposals shall be accompanied by a proposal bond in the amount of five percent (5%) of the total proposal amount payable to the City of Bryan, from a surety company authorized to do business in Texas as a guarantee that the Proposer will enter into a contract and provide required insurance within five (5) business days after receiving a Notice of Intent to Award, and will provide to City all submittals required by this contract within ten (10) business days from Notice of Intent to Award, and will provide to the City executed Performance and Payment bonds within seven (7) business days after City Council Award of Contract. The bond shall be on the forms provided, each in the amount of 100% of the contract price from a Surety Company holding a permit in the State of Texas and approved by the Federal Government, and must bear the impressed seal of the surety company and the name of the Proposer, and be signed by the Proposer and an authorized representative of the surety company. Powers of attorney must be attached to the bid bond.

A proposal that has been fully completed and signed by the person authorized to represent the company submitting the CSP. The proposal must use the same form or a photocopy of the form provided in the RFP document. Acknowledgment of the receipt of any and all addenda to the proposals must be provided on the proposal.

If the Proposer is a corporation, a copy of their “Franchise Tax Certificate of Account Status” showing all franchise taxes are current (this item may be submitted to the City within 3 working days of the proposal opening for the proposal to be considered).

All Proposers must have submitted a Contractor’s Registration packet prior to the date of the opening for the proposal to be considered. See Attachment B.

Should the scope of work for these CSP documents fall outside of the construction classifications approved by the Contractor’s Registration process, a “Statement of Qualifications” shall be submitted as part of the CSP. Additional qualifications would be limited to the activities not previously presented under the Contractor Registration program.

All Proposers must submit the “Felony Conviction Notification form” contained within this RFP package. Failure to acknowledge and submit the completed Felony Conviction Notification form is sufficient cause for the CSP to be rejected.

Additional information regarding these items is provided in the Proposal Pages that follow.

Proposers on this work will be required to comply with the President's Executive Order No. 11246 regarding non-discrimination in employment. The requirements under this order are available at the City of Bryan Purchasing Department.

CITY OF BRYAN – CONTRACTOR PROPOSAL SHEET

RFP 27-006

Company Name: __________________________________________________________

Contact Name: ___________________________________________________________

Phone / Email: ___________________________________________________________

RFP Number: ____________________________________________________________

Submit one total firm fixed lump sum for the complete project scope.

Item Description Lump Sum Price 1 Complete demolition and reconstruction (all labor, materials, equipment, and work required)

Construction Duration (calendar days): __________________________

Addendum Acknowledged: _______________________________________

PROJECT SCHEDULE / ACKNOWLEDGMENTS

Proposed calendar days to substantial completion: __________________

Proposed calendar days to final completion: ________________________

CERTIFICATION

By signing, the proposer certifies that the amount above is its firm fixed lump sum offer for the complete work described in the RFP, subject to the solicitation terms and any stated exceptions.

Authorized Signature: __________________________________ Date: ______________

Printed Name / Title: _____________________________________________________

PROPOSAL SELECTION CRITERIA

Evaluation Process:

A selection committee appointed by the City will evaluate Proposals submitted in response to this solicitation. The following selection criteria and associated weighted value will be used by the City to rank the Proposals received. In the event of a tie in the rankings, the City shall break the tie based upon the City’s determination of which Proposal will provide the best value to the City. Subjective judgment on the part of the City is implicit in the criteria selection process. Once the Proposals have been ranked, the City will begin contract negotiations with the first ranked Proposer. If the City is unable to come to terms with the selected Proposer, discussions will be terminated in writing and the City will proceed to negotiate with the next ranked Proposer and repeat the process until a contract agreement is reached or all Proposals are rejected. Upon reaching an agreement the contract will be placed in writing and executed by both parties and a purchase order will be issued by the City for the contract amount.

After opening and ranking, an award may be made on the basis of the initially submitted proposal, without discussion, clarification or modification, or the City may discuss with the selected Proposer, options for a scope or time modification and any price change associated with the modification. Proposers must indicate any and all modifications or exclusions to the contract with their proposal. Any Proposal may be considered unacceptable if the committee determines it fails to provide adequate technical or pricing information in the Proposals as specified in these Proposal Instructions.

Selection Criteria: (Contractor may submit additional information relevant to the Selection Criteria listed below. Failure to submit all required documentation in the following order may lead to the rejection of the Proposal.)

A. Cost Proposal– 40 Points

1. Completed Competitive Sealed Proposal Form including the Contract Sum and all itemized line items, acknowledgement of all Addenda received, and all required information and signatures in a legible written format.

2. Scoring will take into account the comparison of total contract sum and its relationship to the stated Project Budget.

3. Signed letter from Contractor’s Surety stating Contractor’s ability to acquire bonding in the full contract amount.

4. Value Engineering: Scoring will take into account any proposed substitutions accepted by the City. The total contract sum compared to the stated Project Budget will reflect those substitutions. Please provide any proposed substitutions separately from the original cost proposal.

B. Proposed Schedule – 15 Points

1. Scoring will take into account the comparison of Project Completion date stated in the RFP to the provided schedule milestones.

2. Provide Project Schedule (Gantt Chart) indicating the following:

a. First Available Start date

b. Total Contract Time to Substantial Completion and Final Completion

c. Detailed sequence of construction events

d. Total number of projected rain days in project schedule

C. Contractor Personnel and Relevant Experience – 20 Points

1. Organizational Chart including the following required information

a. Project Manager

b. Site Superintendent

c. Safety Manager

d. Other Key Personnel

2. Resumes for Project Manager, Site Superintendent, Safety Manager and other Key Personnel not already listed under the Contractor Registration Program including years of experience in their position, and a list of projects which they managed.

3. Company trade organizations / associations / affiliations

4. List of 5 completed projects showing relevant experience with project name, owner/architect/engineer contact information, original project budget and final project cost, original project completion time and actual completion time, and year completed – list contractor Project Manager and Site Superintendents for each.

D. Reputation of Contractor, Quality Assurance & References -20 Points

1. Provide two written references (discussing quality and timeliness on previous projects) from Owners outside the City of Bryan

2. Provide two written references (discussing quality, responsiveness, and timeliness on previous projects) from Architects/Engineers

3. Scoring will take into account the responses received from project references provided in selection criteria C (4).

4. List of 3 most recently completed Projects for the City of Bryan

a. Number of Change Orders per project and costs

b. Date of Completion

c. Number of working days used versus number of working days per the contract

E. Proximity of the Contractor to Perform Work- 5 Points

1. Provide address of contractor’s office from which personnel will operate from

2. Approximate distance from the office to work site in miles.

TO THE CITY OF BRYAN

BRYAN, TEXAS

COMPETITIVE SEALED PROPOSAL

DATE:

Proposal of a corporation organized and existing under the laws of the State of ;

or a partnership consisting of ;

or an individual trading as :

The undersigned hereby proposes to furnish all labor and material, tools, and necessary equipment, for the construction of the project, and to perform the work required for the construction of the said project, at the locations set out by the plans and specifications, in strict accordance with the contract documents.

The undersigned further agree to execute the Standard City of Bryan Construction

Contract, of which this proposal, the general conditions, the plans, specifications, special provisions, payment and performance bonds, and advertisements are a part, within 5 business days from the date of Notice of Intent to Award this proposal. The undersigned further agree to provide the City all submittals required by this contract within ten (10) business days from Notice of Intent to Award, and agree to provide to the City executed Performance and Payment bonds within seven (7) business days after City Council Award of Contract. In case the undersigned fails to meet the above obligations within the specified times, the undersigned will be considered as having abandoned it, and the Cashier's Check or Proposer’s Bond in the amount of five percent (5%) of the total amount proposal of ($ ) Dollars accompanying this proposal will be forfeited to the City of Bryan, Texas, by reason of such failure on the part of the undersigned. All proposals shall be accompanied by a proposal bond in the amount of five percent (5%) of the total proposal amount payable to the City of Bryan, from a surety company authorized to do business in Texas as a guarantee that the proposer will fulfill the above-mentioned obligations. The bond must bear the impressed seal of the surety company and the name of the proposer, and be signed by the proposer and an authorized representative of the surety company.

Powers of attorney must be attached to the proposal bond.

The undersigned further agree that the proposal guaranty may be retained by the

City of Bryan, Texas provided the undersigned is one of the three highest ranked proposers, and that said proposal guaranty shall remain with the City of Bryan until the contract has been signed by the successful proposer; otherwise, proposal guaranty may be obtained from the City Purchasing Department after forty-eight hours from the time of opening the CSPs.

The undersigned certify that they are duly authorized to submit this Proposal and that this Proposal is made in good faith without collusion or connection with any other person, persons, partnership, company, firm, association or corporation offering Proposals on this work, and to do the work for the following proposal item unit prices, their associated extended totals and sum of extended totals as listed on the following tabulation forms:

FELONY CONVICTION NOTIFICATION

Any person and/or business entity that enters into a contract with the City of Bryan must give advance notice to the City if any employee or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony.

The notice must also describe the role that the employee, owner, or operator will perform in executing the contract. The City may require substitution of employees in the performance of the contract.

The City may terminate a contract with a person or business entity if the City determines that the person or business entity failed to give notice as required by this clause, misrepresented the conduct resulting in the conviction, or failed to substitute personnel at City’s request.

I, the undersigned agent for the firm named below, certify that the information concerning notification of felony convictions have been reviewed by me and the following information furnished is true to the best of my knowledge.

Vendor’s Name:

Authorized Company Official’s Name (Printed) Date

A. My firm is not owned or operated by anyone who has been convicted of a felony nor does it have any employees who have been convicted of a felony:

Signature of Company Official:

B. My firm has employee(s) or is owned or operated by the following individual(s) who has/have been convicted of a felony:

C. Provide a general description of the conduct resulting in the conviction of a felony.

D. Describe the role that the person(s) convicted of a felony will play in the performance of the contract.

Signature of Company Official: _____________________________________________

CERTIFICATION OF COMPETITIVE SEALED BID PROPOSAL

The undersigned certifies that he has fully read and understands this "Statement of Qualifications" and has full knowledge of the scope, quantity, and quality of the services and materials to be furnished including the Texas Ethics Commission Certificate of Interested Parties Form 1295 and intends to adhere to the provisions described herein. The undersigned also affirms that they are duly authorized to submit this SOQ, that this SOQ has not been prepared in collusion with any other Vendor, and that the contents of this SOQ have not been communicated to any other Vendor prior to the official opening of this SOQ. Additionally, the undersigned affirms that the Firm is willing to sign the enclosed Standard Form of Agreement (Exhibit C, if applicable).

By signing below, the Firm certifies that neither the signatory, nor any co-owner of the Firm, is related to a member of the City Council of the City of Bryan within the third degree of consanguinity (blood) or within the second degree of affinity (marriage).

Signed By: _________________________________ Title:

Typed Name: _______________________ Company Name:

Phone No.: ______________________________ Fax No.:

Email:

Proposal Address:

P.O. Box or Street City State Zip Order Address:

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

P.O. Box or Street City State Zip

Federal Tax ID No.: _____________________________

Date:

Payment Notice: The City of Bryan has partnered with PaymentWorks to automate our vendor management process for payments related to goods and services provided to the city. This protects the financial information of our payees, eliminates payment fraud, and ensures regulatory compliance.

All new vendors and/or vendor updates must be invited to register by the City of Bryan through the PaymentWorks secure site. Existing vendors will be invited to register over the next several months but this will not preclude conducting business prior to registration through PaymentWorks. For more information, please contact us at VendorInfo@bryantx.gov mailto:VendorInfo@bryantx.gov

The undersigned hereby declares that he has visited the sites and has carefully examined the plans, specifications and contract documents relating to the work covered by their CSP, that he agrees to do the work, and that no representations made by the City are in any sense a warranty, but are mere estimates for the guidance of the Contractor.

TIME OF COMPLETION: The undersigned agrees to complete the work within 270 working days from the date designated by the Notice to Proceed.

The undersigned further declares that he will provide all necessary tools, and apparatus, do all the work, and furnish all materials, and do everything required to carry out the above-mentioned work covered by this proposal, in strict accordance with the contract documents, and the requirements pertaining thereto, for the sum or sums above set forth.

Additionally, the undersigned affirms that the proposer is willing to sign the City’s Standard Form of Contract as reflected in the specifications, if awarded the contract.

Acknowledgement for Receipt of Addendums:

Addendum Number Initial

Respectfully submitted, (Signature)

(Address) NOTE: Fill in with ink and submit complete with attached Proposal.

(City, State, Zip)

PROMPT PAYMENT METHOD

METHOD OF PAYMENT:

1) PAYMENT TERMS: Net 30 (Vendor paid within 30 days of invoice or receipt of goods accepted in good order.)

2) PROMPT PAYMENT DISCOUNT: % within 10 days (e. g. 1%, 2%, 5%)

AND/OR (check one)

3) ELECTRONIC FUNDS TRANSFER DISCOUNT yes no

--If “yes” discount offered: % (e.g., 1%, 2%, 5%)

Company Name:

(Include with your proposal even if you are not giving a discount)

CITY OF BRYAN

GENERAL PROVISIONS & REQUIREMENTS

ITEM 1 - DEFINITION OF TERMS

1.1 Definition of Terms

1.2 Abbreviations

1.3 Advertisement

1.4 Proposer

1.5 City

1.6 City Attorney

1.7 City Council

1.8 Special Projects Director

1.9 City Manager

1.10 City Secretary

1.11 Contract

1.12 Contractor

1.13 Contract Bond

1.14 Final Completion

1.15 Inspector

1.16 Mayor

1.17 Plans

1.18 Proposal

1.19 Proposal Guarantee

1.20 Right-of-way

1.21 Special Provisions

1.22 Specifications

1.23 Substantially Completed

1.24 Superintendent

1.25 Surety

1.26 The Work

1.27 Working Day

1.28 Calendar Day

1.29 Business Day

ITEM 2 - INSTRUCTIONS TO PROPOSERS

2.1 Proposal Form

2.2 Quantities in Proposal Form

2.3 Examination of Plans, Specifications & Site of the Work

2.4 Proposer Qualifications

2.5 Preparation of Proposal

2.6 Irregular Proposals

2.7 Proposal Guaranty

2.8 Filing of Proposal

2.9 Withdrawing Proposals

2.10 Opening Proposals

2.11 Disqualification of Proposers

ITEM 3 - AWARD AND EXECUTION OF CONTRACT

3.1 Consideration of Proposals

3.2 Award of Contract

3.3 Return of Proposal Guaranty

3.4 Performance and Payment Bond

3.5 Execution of Contract

3.6 Failure to Execute Contract

3.7 Commencement of Work

ITEM 4 - SCOPE OF WORK

4.1 Intent of Plans and Specifications

4.2 Special Provisions

4.3 Increased or Decreased Quantities of Work

4.4 Alteration of Plans and Specifications

4.5 Extra Work

4.6 Stormwater Pollution Prevention

4.7 Final Cleanup

ITEM 5 - CONTROL OF THE WORK

5.1 Authority of the Special Projects Director

5.2 Conformity with Plans

5.3 Existing Structures

5.4 Coordination of Plans, Specifications, Proposal and Special Provisions

5.5 Cooperation of Contractor

5.6 Construction Stakes

5.7 Authority and Duties of Inspectors

5.8 Project Safety

5.9 Inspection

5.10 Removal of Defective and Unauthorized Work

5.11 Final Inspection

5.12 Punch List Inspection

5.13 Record Drawings

ITEM 6 - CONTROL OF MATERIALS

6.1 Source of Supply of Materials

6.2 Samples and Tests of Materials

6.3 Storage of Materials

6.4 Defective Materials

6.5 Arrangement and Charge for Water Furnished by the City

6.6 Product Submittals

ITEM 7 - LEGAL RELATION AND PUBLIC RESPONSIBILITY

7.1 Laws to be Observed

7.2 Basic Safeguarding of Contractor Information Systems

7.3 Permits and Licenses

7.4 State and City Sales Taxes

7.5 Patented Devices, Materials and Processes

7.6 Sanitary Provisions

7.7 Public Convenience and Safety

7.8 Privileges of Contractor in Streets, Alleys, and Rights-Of-Way

7.9 Railway Crossings

7.10 Barricades, Lights and Watchmen

7.11 Confined Space Entry

7.12 Use of Explosives

7.13 Protection and Restoration of Property

7.14 Responsibility for Damage Claims

7.15 Public Utilities and Other Property to be Changed

7.16 Use of a Section or Portion of the Work

7.17 Contractor's Responsibility for the Work

7.18 No Waiver of Legal Rights

7.19 Contractor's Insurance

7.20 Antitrust

ITEM 8 - PROSECUTION AND PROGRESS

8.1 Sub-letting the Work

8.2 Assignment of Contract

8.3 Prosecution of the Work

8.4 Limitation of Operations

8.5 Character of Workmen and Equipment

8.6 Computation of Contract Time for Completion

8.7 Substantial Completion

8.8 Final Completion

8.9 Failure to Complete on Time

8.10 Suspension by Court Order

8.11 Temporary Suspension

8.12 Suspension of Work and Annulment of Contract

8.13 Termination of Contract

ITEM 9 - MEASUREMENT AND PAYMENT

9.1 Measurement of Quantities

9.2 Scope of Payment

9.3 Payment for Extra Work

9.4 Partial Estimates

9.5 Final Acceptance

9.6 Final Payment

9.7 Guarantee of Work

ITEM 1 - DEFINITION OF TERMS

1.1 DEFINITION OF TERMS: Wherever the words, forms or phrases defined herein or pronouns used in their place occur in these specifications, in the contract, in the bonds, in the advertisements, or any other document or instrument herein contemplated, or to which these specifications apply or may apply, the intent and meaning shall be interpreted as follows:

1.2 ABBREVIATIONS: Whenever the abbreviations defined herein occur on the

Plans, in the specifications, contract, bonds, advertisement, proposal, or in any other document or instrument herein contemplated or to which the specifications apply or may apply, the intent and meaning shall be as follows:

1.3 ADVERTISEMENT: All of the legal publications pertaining to the work contemplated or under contract.

1.4 PROPOSER: Any person, persons, partnership, company, firm, association or corporation acting directly or through a duly authorized representative submitting a proposal for the work contemplated.

1.5 CITY: The City of Bryan, Texas, a Municipal Corporation, acting by and through

(a) its governing body, or (b) its City Manager, each of whom is required by Charter to perform specific duties. Responsibility for final enforcement of contracts involving the City of Bryan is by Charter vested in the City Manager.

1.6 CITY ATTORNEY: The City Attorney of the City of Bryan, Texas or the City

Attorney’s duly authorized assistants or agents.

1.7 CITY COUNCIL: The Council of the City of Bryan, Texas.

1.8 SPECIAL PROJECTS DIRECTOR: The Special Projects Director of the City of Bryan, Texas or duly authorized assistants, employees, or agents, including any inspectors, project managers, or others designated by the Special Projects Director to assist on the Project.

1.9 CITY MANAGER: The Manager of the City of Bryan, Texas.

1.10 CITY SECRETARY: The City Secretary of the City of Bryan, Texas or the City

Secretary’s duly authorized assistants or agents.

1.11 CONTRACT: The written agreement covering the performance of the work. The contract includes the advertisement, proposal, specifications, including special provisions, Plans or working drawings and any supplemental changes or agreements pertaining to the work materials thereof, and bonds.

1.12 CONTRACTOR: The person, persons, partnership, company, firm, association or corporation entering into contract for the execution of the work, acting directly or through a duly authorized representative.

1.13 CONTRACT BOND: The security furnished by the Contractor and Surety as a guarantee on the part of the Contractor to execute the work in accordance with the terms of the contract.

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

1.15 INSPECTOR: The authorized representative of the Special Projects Director assigned to supervise or inspect any or all parts of the work and the materials to be used therein.

1.16 MAYOR: The Mayor of the City of Bryan, Texas.

1.17 PLANS: All drawings pertaining to the contract and made a part thereof, including such supplementary drawings or addenda as the Special Projects Director may issue in order to clarify other drawings, or for the purpose of showing changes in the work hereinafter authorized, or for showing details not shown thereon.

1.18 PROPOSAL: The written statement duly filed with the Purchasing Manager by the person, persons, partnership, company, firm, association, or corporation proposing to do the work contemplated, including the approved form on which the formal proposals for the work are to be prepared.

1.19 PROPOSAL GUARANTY: The security designated in the advertisement and proposal, to be furnished by each Proposer as a guaranty of good faith to enter into a contract with the City and execute the required bonds for the work contemplated after the work is awarded him.

1.20 RIGHT-OF-WAY: The land provided by the City upon which to construct the proposed work.

1.21 SPECIAL PROVISIONS: The special clauses setting forth the conditions or requirements peculiar to the specific project involved, supplementing the standard specifications, and taking precedence over any conditions or requirements of the standard specifications with which they are in conflict.

1.22 SPECIFICATIONS: The directions, provisions, and requirements contained herein or in a special specification, supplemented by such "Special Provisions" and "Supplemental Agreements" as may be issued or made pertaining to the method and manner of performing the work or to quantities and qualities of materials to be furnished under the contract. Where the phrases "Or directed by the Special Projects Director", “Ordered by the Special Projects Director”, or “To the satisfaction of the Special Projects Director” occur, it is to be understood that the directions, orders, or instructions to which they relate are within the limitations of the proposal and specifications. "Special Provisions" will cover work appertaining to a particular project and included in the proposal but not covered by the specifications and will govern and take precedence over specifications wherever in conflict therewith. "Supplemental Agreements" are written agreements entered into between the Contractor and the City are approved by the Surety, covering alterations and changes in Plans which are necessary to the proper completion of the work. Reference to standard specifications of Texas Department of Transportation (TxDOT), American Standard of Testing Materials (ASTM) and other organizations shall be interpreted to mean the latest published edition as of the date proposals are opened for this project.

1.23 SUBSTANTIALLY COMPLETED: The term "Substantially Completed" means that in the opinion of the Special Projects Director the Project, including all systems and improvements, is in a condition to serve its intended purpose but still may require minor miscellaneous work and adjustment. Final payment of the Agreement Price, including retainage, however, shall be withheld until Final Completion and acceptance of the work by the City. Acceptance by the City shall not impair or waive any warranty obligation of Contractor.

1.24 SUPERINTENDENT: The authorized representative of the Contractor.

1.25 SURETY: The corporate body which is bound with the Contractor as a guarantee of good faith on the part of the Contractor to execute the work in strict accordance with the Plans, specifications and terms of the contract.

1.26 THE WORK: All work, including the furnishing of labor, materials, tools, equipment, and incidentals, to be performed by the Contractor under the terms of the contract.

1.27 WORKING DAY: A working day is defined as a calendar day, not including Saturdays, Sundays or legal holidays in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than seven (7) hours between 7 a.m. and 6 p.m. Work on days other than a “working day” may be requested up to 48 hours in advance and requires approval by the Special Projects Director. If allowed, a working day will be charged and the Contractor shall pay the City for the cost of inspections services equal to $75.00 per hour for a minimum of 4 hours.

1.28 CALENDAR DAY: A calendar day includes all 7 days of the week, excluding legal holidays, under which the performance of the principal unit of work shall be performed between the hours of 7 AM and 6 PM. A calendar day will be charged regardless of weather or other conditions not under the control of the Contractor, unless the Special Projects Director approves, in writing, a suspension of time.

1.29 BUSINESS DAY: A business day is defined as a calendar day, not including

Saturdays, Sundays, or legal holidays, between the hours of 8 AM and 5 PM during which business operations generally occur.

ABBREVIATIONS

A.A.S.H.T.O. American Association of State Highway and Transportation Officials

A.S.T.M. American Society for Testing and Materials

Conc. Concrete

Diam. Diameter Cond. Conduit Corr. Corrugated

Asph. Asphalt Culv. Culvert

Ave. Avenue Dr. Driveway

Blvd. Boulevard Elev. Elevation

C.I. Cast Iron F. Fahrenheit

C.L. Center Line Ft. or ' Foot or Feet

C.O. Clean Out Gal. Gallon

Lb. Pound In. or " Inch or Inches

M.H. Manhole Lin. Linear

Max. Maximum R.O.W. Right-of-Way

Min. Minimum Sq. Square

Mono. Monolithic Std. Standard

No. Number St. Street

% Percent Str. Strength

P.S.I. Pounds per Square Inch

R Radius

Vol. Volume

Yd. Yard

Reinf. Reinforced Cu. Cubic

Table A

ITEM 2 - INSTRUCTIONS TO PROPOSERS

2.1 PROPOSAL FORM

The City will furnish Proposers with proposal forms, which will include the following:

• Project Data - Describes general location and work to be performed including any special concerns, the Project Budget and Planned Completion Date and/or contract days.

• Cost Proposal - An itemized list of work to be performed, materials to be furnished and the time the work is to be completed.

• Selection Criteria and Weighting

• Felony Conviction Notification

• Certification of Competitive Sealed Proposal

2.2 QUANTITIES IN PROPOSAL FORM

The quantities of the work and materials set forth in the proposal form or on the Plans approximately represent the work to be performed and materials to be furnished, and are for the purpose of comparing the proposals on a uniform basis.

Payment will be made by the City to the Contractor only for the actual quantities of work performed or materials furnished in accordance with the Plans and specifications, and it is understood that the quantities may be increased or decreased as hereinafter provided, without in any way invalidating the proposal prices. Any item of work not covered in the proposal will not be paid for directly, but shall be considered as subsidiary to a regular proposal item.

2.3 EXAMINATION OF PLANS, SPECIFICATIONS AND SITE OF THE WORK

Proposers are advised that the Plans, specifications, and other documents on file with the Special Projects Director shall constitute all the information, which the City will furnish. Proposers are required, prior to submitting any proposal, to read and thoroughly familiarize themselves with the specifications including but not limited to the General Provisions, Special Provisions, Project Data, Current B/CS Unified Technical Specifications and Details, Current Texas Department of Transportation (TxDOT) Standard Specifications, current TxDOT Material Specifications, proposal, contract, and bond forms carefully, to visit the site of the work, to examine carefully local conditions, to inform themselves by their independent research, tests, and investigations of the difficulties to be encountered and judge for themselves of the accessibility of the work and all attending circumstances affecting the cost of doing the work or time required for its completion, and obtain all information required to make an intelligent proposal. No information given by the City or any official thereof, other than that shown on the Plans and contained in the specifications, proposals, and other documents, shall be binding upon the City. Proposers shall rely exclusively upon their own estimates, investigations, tests and other data which are necessary for full and complete information upon which the proposal may be based. It is mutually agreed that submission of a proposal is evidence that the Proposer has made the examination, investigations, and tests required herein.

2.4 PROPOSER QUALIFICATIONS

As of February 1, 2019, Proposer qualifications are established by the Contractor Registration program. A copy of the registration form and instructions on how to complete the form is included in Appendix A. Should the scope of work for these CSP documents fall outside of the construction classifications approved by the Contractor’s Registration process, a “Statement of Qualifications” may be required. Additional qualifications would be limited to the activities not previously presented.

In that event, the Proposer must furnish sufficient written evidence that single bona fide contracts, in excess of two-thirds (2/3) of the face amount of this Proposal, have been successfully and satisfactorily completed on work of a similar nature.

This evidence shall be furnished on a statement of qualifications included with the Proposal, and shall show job locations, type of projects, contract amounts and dates completed. The Proposer must also complete a felony conviction notification form for any person convicted of a felony that will be working on the project. Failure to submit this evidence shall be just cause for disqualification of the Proposal. The successful Proposer, at the discretion of the Special Projects Director, may be required to furnish a complete financial statement prepared and certified to by a Certified Public Accountant.

2.5 PREPARATION OF PROPOSAL

The Proposer shall submit his proposal on the forms furnished by the City. All blank spaces in the form shall be correctly filled in and the Proposer shall state the prices numerically, written legibly in ink or typed, for which he proposes to do the work contemplated or furnish the materials required. The numerical unit prices shall govern over all other numbers submitted on the proposal. If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If the proposal is submitted by a firm, association or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association, or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent, Powers of Attorney, authorizing agents, or others to sign proposals must be properly certified and must be in writing and submitted with the proposal.

If the Proposer/Contractor is a corporation, the original seal of corporation must be affixed to the proposal bond, payment bond, performance bond and contract. If these documents are presented without the corporate seal, Proposer/contractor must present a certificate of good standing from the Texas Secretary of State and must also present a separate…