AUSTIN INDEPENDENT SCHOOL DISTRICT
REQUEST FOR COMPETITIVE BIDS
INSTRUCTIONS TO BIDDERS
(Chapter 2269, Subchapter D of the Texas Government Code)
Austin Independent School District (“AISD”) requests competitive Bids for a Contractor to perform the construction of the Work described below in connection with AISD’s______Project (the “Project”). AISD is interested in receiving Bids from General Contractors with experience in successfully completing projects that are similar in scope, size and complexity to the Work and meeting any specialized requirements set forth below.
1.PROJECT
1.1.Scope of Work. The selected Bidder must furnish all labor, materials and equipment required for the construction of the following improvements (the “Work”):
To be constructed at the following location (“Project Site”):
______
1.2.Estimated Project Budget: ______
1.3.Minimum Qualifications. Because of the nature of the Work, the selected Bidder must meet the following qualifications and/or must have any licenses or certifications specified below (collectively, the "Minimum Qualifications"):
(List qualifications and required licenses and/or certifications here or, if listed in Specifications, refer to specific sections of Specifications)
[USE THIS SECTION 1.4IF NONE OF THE WORKERS ON THE PROJECT SITE WILL BE COVERED EMPLOYEES]
1.4.Texas Education Code §22.0834 (Criminal History Record Information Review of Certain Contract Employees). The selected Bidder must comply with the provisions of Section 3.16 of the General Conditions regarding criminal history background checks on the workers employed on the Project in connection with the Work. As of the commencement of the Work, none of the workers performing Work on the Project will be “covered employees” as defined in Section 3.15 of the General Conditions. Thus, Texas Education Code §22.0834 is not applicable to the workers performing Work on the Project and compliance with Section 3.15 of the General Conditions is not required. Provided, however, pursuant to Section 3.16 of the General Conditions, if, after the Work has commenced, some or all of the workers on the Project become covered employees, the selected Bidder must thereafter comply with Section 3.15 (rather than Section 3.16) of the General Conditions with regard to such covered employees.
If students will be present on the Project Site at any time when workers are performing the Work and AISD has determined that such workers are not covered employees, the selected Bidder must at all times during the Project maintain the following conditions and/or take the following precautions on the Project Site to ensure that the workers employed in connection with the Work do not become covered employees:
(Describe the conditions/precautions to be taken on the Project Site or state NOT APPLICABLE.)
OR
[USE THIS SECTION 1.4IF SOME OR ALL OF THE WORKERS ON THE PROJECT SITE WILL BE COVERED EMPLOYEES]
1.4.Texas Education Code §22.0834 (Criminal History Record Information Review of Certain Contract Employees). For purposes of the Project, those workers who will be performing Work on the Project Site will be “covered employees” as defined in Section 3.15 of the General Conditions. Thus, Texas Education Code §22.0834 is applicable to such covered employees, and the selected Bidder must comply with the provisions of Section 3.15 of the General Conditions with regard to such covered employees.
2.REQUEST FOR BIDS
2.1.This Request for Competitive Bids ("Request for Bids") consists of the following documents:
Advertisement for Request for Bids;
Instructions to Bidders;
Bid Form;
Any Contract Documents referenced in this Request for Bids;
Any addenda to this Request for Bids issued by AISD;
Attached forms; and
Proposal/Bid Bond Form.
3.DRAWINGS, SPECIFICATIONS, CONTRACT DOCUMENTS AND ADDENDA
3.1.The “Contract Documents” for this Request for Bids include, without limitation, AISD’s Agreement for Construction Contract (“Agreement for Construction”), AISD’s General Conditions of the Contract for Construction (“General Conditions”), and AISD's Notice of Prevailing Wage Rates (“Notice of Prevailing Wage Rates”), collectively referred to in this Request for Bids as the “Contract.”
3.2.Copies of Drawings, Specifications, Contract Documents, and Addenda (if any) and other documents related to this Request for Bids, are available at Miller Blueprint at the location indicated in Section 3.3 below for a deposit amount of $______per set. If deposit is paid by check, check must be made payable to Austin Independent School District. The deposit will be refunded upon return of all documents in good condition to Miller Blueprint at the location indicated in Section 3.3 below within 14 calendar daysafter the opening of Bids. Drawings, Specifications, Contract Documents, and Addenda (if any) can also be downloadedMiller IDS Planroom at The Drawings, Specifications and Addenda (if any) are also available for viewing at various local plan rooms.
3.3.Printed copies of Drawings, Specifications, Contract Documents, and Addenda (if any) can be requested and picked up at the following location in accordance with Section 3.2 above:
Miller IDS Planroom
1000 East 7th Street
Austin, Texas 78702
Phone: (512) 381-5292
Email:
4.FORMAT FOR BIDS
4.1.Each bid (“Bid”) submitted by abidder (“Bidder”) must contain the following:
The completed Bid Form (including the Bidder information in Section D thereof);
The Bid Guaranty described in Section 13;
The completed Felony Conviction Notice;
The completed Suspension and Debarment Certification;
The completed Disclosure Form; and
The completed Disclosure Statement/HUB* Utilization Report, including Good Faith Efforts documentation when required, for Base Bid AND each alternate (if applicable)
4.2.The Bid information must be typed on the Bid Form.
4.3.The Bidderinformation in Section D of the Bid Form must be typed on Section D of the Bid Form or on letter-size ("8½ x 11") paper if additional sheets are used. If preprinted materials, flyers or other information about the Bidder is used, it should be referenced in the submittal and included as labeled attachments.
4.4.The Bid Form and other forms included in the Bidshould be stapled or bound together in a binder, so that that the pages can be easily opened and laid flat for copying.
4.5.One (1) original of the complete Bid must be submitted. An original is a Bid containing the original signature of a person authorized to sign on behalf of the Bidder.
4.6.The Bid must be submitted in a sealed envelope which states on the outside the following information:
“Competitive Bid for AISD ______Project”
Bid Deadline: ______, 20_____
Name and mailing address of the Bidder
4.7.Notwithstanding Section 4.1 above, the Bid shall be considered complete and responsive if Bidder submits the following items by 5:00 p.m., Austin time, on the next business day following the Bid Deadline:
The completed Felony Conviction Notice;
The completed Suspension and Debarment Certification;
The completed Disclosure Form; and
The completed Disclosure Statement/HUB* Utilization Report, including Good Faith Efforts documentation when required, for Base Bid AND each alternate (if applicable)
If any of the items listed in this Section 4.7 are not received by AISD at the Place for Submitting Bids by 5:00 p.m., Austin time, on the next business day following the Bid Deadline, the Bidmay be considered incomplete and non-responsive.
5.PLACE FOR SUBMITTING BIDS
5.1.Bids must be submitted by mail or hand delivery to:
AISD Construction Management Department
812 San Antonio Street, Suite 200
Austin, Texas 78701
5.2.Bids sent by Facsimile (Fax) or Electronic Mail (E-mail) or Bids submitted to any other address other than the Place for Submitting Bids described in Section 5.1 above will NOT be accepted.
6.DEADLINE FOR RECEIVING BIDS
6.1.Bids must be received at the Place for Submitting Bids described in Section 5 above, no later than ____:______.m., Austin time, on ______, 20_____ (“Bid Deadline”). The clock used at the Place for Submitting Bids shall conclusively determine the time that Bids are received.
6.2.Bids received after the Bid Deadline will be returned unopened.
6.3.The Bid Deadline may be extended by Addendum to this Request for Bids.
7.PRE-BID CONFERENCE
7.1.A pre-bid conference will be held at ___:___ __.m., Austin time, on ______, 20______, at ______.
8.TIME AND PLACE OF OPENING OF BIDS
8.1.Bids which have been timely received will be publicly opened at the Place for Submitting Bids immediately after the Bid Deadline, and the names of the Bidders and any monetaryBids made by the Bidders will be read aloud.
9.METHOD OF SELECTING CONTRACTOR
9.1.VERY IMPORTANT: In order to be responsive on a solicitation for which goals have been assigned, the bidder/proposer MUST submit a completed Disclosure Statement/HUB* Utilization Report form. If the bidder/proposer does not meet or exceed all goals, then Good Faith Efforts documentation is REQUIRED. A firm MUST be compliant with Austin ISD HUB Program regulations to be considered for contract selection.
9.2.AISD will select the Bidder that, in the opinion of AISD, is the lowest responsible Bidder. The lowest responsible Bidder may or may not be the Bidder that submits the lowest Bid for the cost of construction.
9.3.The AISD Construction Management Department will make a recommendation to the AISD Board of Trustees. The Board of Trustees will authorize the award of the Contract to the lowest responsible Bidder. AISD reserves the right to reject any and all bids.
10.BIDDER RESPONSIBILITY
10.1.In determining who is a responsible Bidder, AISD will consider the safety record of the Bidder. The safety record is defined as:
(i)A Bidder’s Occupational Safety and Health Administration (OSHA) 300 logs for the last three years,
(ii)A loss analysis provide by the Bidder’s insurance carrier or insurance agent covering the Bidder’s workers’ compensation insurance coverage (loss run),
(iii)A loss ratio provided by the Bidder’s insurance career or insurance agent covering the Bidder’s workers’ compensation insurance coverage, and
(iv)The Bidder’s current experience modifier from the Bidder’s workers’ compensation insurance premiums provided by the Bidder’s insurance carrier, insurance agent, or rating agent.
10.2 In determining who is a responsible Bidder, AISD may also consider, in addition to any other
factors or criteria relevant to the determination of the Bidder’s responsibility, the Bidder’s
relevant experience and past performance.
11.QUESTIONS REGARDING THIS REQUEST FOR BIDS
11.1.Any questions or concerns regarding this Request for Bids must be directed tothe "Contact Person" as follows:
(Name and Address of Contact Person)
______
______
______
Phone: () ______
Attn.: ______
E-mail: ______
AISD specifically requests that Bidders restrict all contact and questions regarding this Request for Bids to the Contact Person.
11.2.Questions must be received by the Contact Person no later than 4 business days prior to the Bid Deadline.
11.3.If the Contact Person determines that a response is required to any question received by the Contact Person, an answer will be provided to such question through an Addendum to this Request for Bids.
11.4.An effort will be made to provide a copy of all Addenda issued to each Bidder who is on the list of having received a Request for Bid. However, it is the obligation of each Bidder to make sure prior to submitting a Bid, that it has received all Addenda in connection with this Request for Bids. Copies of Addenda issued to this Request for Bids can be obtained from the Contact Person as provided in Section 11.1.
11.5.Only those responses to inquiries which are made by formal written Addenda shall be binding. Oral and other interpretations or clarifications will be without legal effect, and shall not be binding on AISD. The Bidder must acknowledge receipt of all Addenda in its Bid. However, each Bidder will be bound by the terms of all Addenda, and its Bid will be construed to include the information contained in the Addenda, whether or not Bidder has received them or acknowledged receipt.
12.WITHDRAWAL OF BIDS
12.1.Prior to the Bid Deadline, a Bidder may withdraw its Bid, and may, if it chooses, submit a new Bid, if the new Bid is submitted before the expiration of Bid Deadline. The request for withdrawal of a Bid must be in writing and signed by an authorized representative of the Bidder.
12.2.After the Bid Deadline, a Bidder may not withdraw its Bid for a period of 90 days after Bid opening, unless withdrawal is required by applicable law or permitted by AISD in accordance with AISD Board Policy.
12.3.Each Bid received will be presumed to be accurate and free from error, unless clear and convincing evidence to the contrary is presented.
13.BID GUARANTY
13.1.Each Bid must be accompanied by a Bid Guaranty in the amount of five percent (5%) of the largest possible total Bid(i.e. the sum of the Base Bid and all additive Alternates).
13.2.The Bid Guaranty shall be in the form of (i) a cashier’s check written on a Bank with one or more branch offices located in Texas, payable to the order of the Austin Independent School District (and should be dated no earlier than one month before the deadline for Bid submission) or (ii) a Bid Bond in the form included with this Request for Bids issued by a corporate surety authorized to do business in the State of Texas, that is listed on the U.S. Treasury list of approved sureties.
13.3.The Bid Guaranty will be held until the selected Bidder has signed the Contract and provided the required insurance and payment and performance bonds and Safety Program Manual and Safety Plan as provided in these instructions.
13.4.Should the selected Bidder fail or refuse to sign the Contract and/or provide the required insurance and payment and performance bonds and Safety Program Manual and Safety Plan as provided in these instructions, then the Bidder’s Bid Guaranty will be forfeited to AISD as liquidated damages and not as a penalty.
14.SUBSTITUTION OF MATERIALS
14.1.Bidders may request a substitution of materials or equipment specified in the Contract Documents. However, any such request must be submitted in writing to the Contact Person five days before the Bid Deadline. If AISD approves the substitution, it will respond by Addendum as described in Section 11. A failure to respond will constitute a denial of the request. Sufficient information should accompany the request to enable AISD to promptly render a decision on a proposed substitution of materials or equipment.
15.POST-BID INFORMATION
15.1.By submitting a Bid, the Bidder agrees to provide evidence upon request of AISD that the Bidder satisfies the Minimum Qualifications set out in Section 1.3 above.
15.2.By submitting a Bid, the Bidder agrees to promptly furnish any additional information required by AISD in order to evaluate the Bids.
16.REJECTION OF BIDS
16.1.Bids may be rejected if they do not contain the information required by this Request for Bids or if they do not contain the information stated in Section 4.1 hereof (subject to Section 4.7).
16.2.Bids may be rejected if the Minimum Qualifications specified in Section 1.3 above are not met.
16.3.Bids may be rejected if they contain qualifications, conditions to performance, or if they are incomplete, or for any other reason authorized by law.
16.4.AISD reserves the right to waive any minor informality or irregularity in the Bid or Bid process, and to reject any and all Bids.
17.BOND AND INSURANCE REQUIREMENTS
17.1.Insurance meeting the requirements set out in the General Conditions must be furnished by the selected Bidder within 5 days after the Contract is signed by the Bidder.
17.2.If the Contract amount is over $25,000, the selected Bidder must provide payment and performance bonds each in the amount of 100% of the Contract Price within 5 days after the Contract is signed by the Bidder. Bonds must be provided by a Treasury-listed corporate Surety authorized to do business in the State of Texas.
17.3.The Bidder’s attention is directed to Subsection 10.4 of the General Conditions which expressly sets out the Worker’s Compensation Insurance requirements for the Project. The Contractor and each subcontractor must maintain Worker’s Compensation Insurance coverage as required in Subsection 10.4 and the Contractor is required to provide a certificate of coverage for each subcontractor prior to that subcontractor beginning Work on the Project Site, showing that coverage is being provided for all of its employees for the duration of the Work. Subsection 10.4 is incorporated herein for all purposes.
18.SAFETY PROGRAM MANUAL AND PROJECT SAFETY PLAN REQUIREMENTS
18.1.The selected Bidder must submit its Safety Program Manual in accordance with the requirements set out in the General Conditions not later than 5 days after the Bidder signs the Contract.
18.2.The selected Bidder must submit a Safety Plan for the Project meeting the requirements set out in the General Conditions not later than 5 days after the Bidder signs the Contract.
19.PREVAILING WAGE RATES
19.1.The Contractor and each Subcontractor who performs work under the Contract must pay, at a minimum, the applicable prevailing wage rates to a worker employed by it in the performance of the Work. The prevailing wage rates applicable to the Project, which shall be in effect for the duration of the Contract, are set forth in the Notice of Prevailing Wage Rates.