2023-05-26 - Lakeside Estates Sidewalk Phase 2 - Project Manual.pdf

CONTRACT DOCUMENTS

AND

SPECIFICATIONS

HUTTO, TEXAS

MARJORIE DR: FROM LITTLE LAKE RD TO EAST OF DANA DR

KAATZ LN: FROM ESTATE DR TO EAST OF DANAR DR

DANA DR: FROM KAATZ LN TO ESTATE DR

CASSANDRA DR: FROM ESTATE DR TO EAST OF ST. MARY’S DR

LAKEMONT DR: FROM ESTATE DR TO EAST OF ST. MARY’S DR

LAKESIDE ESTATES SIDEWALKS PHASE 2

Prepared For:

City of Hutto

May 26, 2023

RFB 23-04

Project No. RFB 23-04 TOC - 1 Section 00 00 10 Table of Contents

LAKESIDE ESTATES SIDEWALKS PHASE 2

TABLE OF CONTENTS

VOLUME 1

CONTRACT DOCUMENTS AND GENERAL REQUIREMENTS

DIVISION 00 – BIDDING AND CONTRACTING REQUIREMENTS

PART 1 BIDDING REQUIREMENTS

00 00 01 CERTIFICATIONS

00 11 00 ADVERTISEMENT FOR BIDS

00 21 00 INSTRUCTIONS TO BIDDERS

00 22 13 BIDDER’S CHECKLIST OF REQUIRED ITEMS

00 41 00 BID FORM

00 41 16 LIST OF MANUFACTURERS

00 41 19 LIST OF PROPOSED SUBCONTRACTORS

00 43 13 BID BOND

00 45 13 QUALIFICATION’S STATEMENT

PART 2 CONTRACT DOCUMENTS

00 51 00 NOTICE OF AWARD

00 52 00 AGREEMENT STIPULATED PRICE

00 55 00 NOTICE TO PROCEED

00 61 13 PERFORMANCE BOND

00 61 16 PAYMENT BOND

00 61 19 MAINTENANCE BOND

00 65 16 CERTIFICATE OF SUBSTANTIAL COMPLETION

PART 3 CONDITIONS OF THE CONTRACT

00 72 00 STANDARD GENERAL CONDITIONS

00 73 00 SUPPLEMENTARY CONDITIONS

PART 4 TECHNICALSPECIFICATIONS

00 81 00 LIST OF TECHNICAL SPECIFICATIONS

00 81 10 CITY OF GEORGETOWN

00 81 20 TXDOT

PART 5 ADDITIONAL DOCUMENTS

00 91 00 DAVIS BACON (ONLY IF PROJECT IS FEDERALLY FUNDED)

00 91 00 TEXAS LABOR RATES

PART 6 APPENDICES

A. ELECTRONIC PAYMENT AUTHORIZATION

B. HOUSE BILL 89 VERIFICATION FORM

C. VENDOR CIQ FORM

D. W9 FORM

E. VENDOR W-9 INFORMATION

PLANS (BOUND SEPARATELY)

PART 1

BIDDING REQUIREMENTS

Project No. RFB 23-04 1 Section 00 11 00

LAKESIDE ESTATES SIDEWALKS PHASE 2 Advertisement for Bids

CITY OF HUTTO

HUTTO, TX

LAKESIDE ESTATES SIDEWALKS PHASE 2

Client Project No. RFB 23-04

ADVERTISEMENT FOR BIDS

Sealed bids for LAKESIDE ESTATES SIDEWALKS PHASE 2, to be constructed for THE CITY OF HUTTO will be received at the office of the CITY OF HUTTO CITY HALL and addressed to 500 W LIVE OAK ST, HUTTO, TX, 78634, until 2:00 PM CST on FRIDAY, JUNE 23, 2023, at which time the bids shall be publicly opened and read aloud.

The Project consists of SIDEWALK CONSTRUCTION AND DRIVEWAY RECONSTRUCTION ON

MARJORIE DR FROM LITTLE LAKE RD TO EAST OF DANA DR, KAATZ LN FROM ESTATE DR TO

EAST OF DANAR DR, DANA DR FROM KAATZ LN TO ESTATE DR, CASSANDRA DR FROM

ESTATE DR TO EAST OF ST. MARY’S DR AND LAKEMONT DR FROM ESTATE DR TO EAST OF

ST. MARY’S DR

Bids will be received for a single prime contract. Bids shall be on a unit price basis, with additive alternate bid items as indicated in the Bid Form.

Contract Documents and Specifications cand be viewed at www.Civcastusa.com.

Texas Labor Rates wage rules shall apply.

Bids shall be accompanied by a cashier's check, certified check, or acceptable Bid Bond on a state or national bank in an amount not less than five percent (5%) of the possible total of the bid submitted, payable without recourse to the City of Hutto, Texas, or an acceptable bid bond for the same amount from a reliable surety company as a guarantee that the bidder will enter into a contract and execute required Performance and Payment Bonds within ten (10) days after notice of award of the contract.

The successful bidder must furnish a Performance Bond upon the form provided in the amount of one hundred percent (100%) of the contract price, a Payment Bond upon the form provided in the amount of one hundred percent (100%) of the contract price, and a Maintenance Bond upon the form provided in the amount of one hundred percent (100%) of the contract price, from a surety authorized under the laws of the State of Texas to act as a surety on bonds for principals within ten (10) days after the notice of award of the contract.

The right is reserved, as the interest of the Owner may require, to reject any and all bids, to waive any informality in the bids received, and to select the bid best suited to the Owner’s best interest. The successful contractor must have completed a minimum of three similar projects within the last five years.

The Construction of LAKESIDE ESTATES SIDEWALKS PHASE 1 is expected to take 55 working days based on Standard Workweek.

A set of plans, specifications and bid documents will be available beginning at 12:00 p.m. JUNE 4, 2023.

Documents are available at no charge through www.Civcastusa.com.

Owner: City of Hutto By: Matt Rector, City Engineer Address: 500 W Live Oak St, Hutto, TX, 78634 Date: May 26, 2023

END OF ADVERTISEMENT FOR BIDS

Project No. RFB 23-04 1 Section 00 21 00

Instructions to Bidders

INSTRUCTIONS TO BIDDERS

Page

ARTICLE 1 – Defined Terms

ARTICLE 2 – Copies of Bidding Documents

ARTICLE 3 – Qualifications of Bidders

ARTICLE 4 – Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program; Other Work at the Site

ARTICLE 5 – Bidder’s Representations

ARTICLE 6 – Pre-Bid Conference

ARTICLE 7 – Interpretations and Addenda

ARTICLE 8 – Bid Security

ARTICLE 9 – Contract Times

ARTICLE 10 – Liquidated Damages

ARTICLE 11 – Substitute and “Or-Equal” Items

ARTICLE 12 – Subcontractors, Suppliers, and Others

ARTICLE 13 – Preparation of Bid

ARTICLE 14 – Basis of Bid

ARTICLE 15 – Submittal of Bid

ARTICLE 16 – Modification and Withdrawal of Bid

ARTICLE 17 – Opening of Bids

ARTICLE 18 – Bids to Remain Subject to Acceptance

ARTICLE 19 – Evaluation of Bids and Award of Contract

ARTICLE 20 – Bonds and Insurance

ARTICLE 21 – Signing of Agreement

ARTICLE 22 – Sales and Use Taxes

ARTICLE 23 – Retainage

ARTICLE 24 – Contracts to be Assigned

Project No. RFB 23-04 2 Section 00 21 00

ARTICLE 1 – DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof:

A. Bidder – Any individual, partnership, corporation, joint venture, or other combination thereof submits a Bid to Owner for the Work contemplated, acting directly or through an authorized representative. As used in the Contract Documents, masculine pronouns refer to both masculine and feminine genders.

B. Successful Bidder – The lowest responsible Bidder submitting a responsive Bid to whom Owner (on the basis of Owner’s evaluation as hereinafter provided) makes an award.

C. Issuing Office – The office from which the Bidding Documents are to be issued.

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents may be obtained from the Issuing Office in the number and format stated in the advertisement or invitation to bid.

2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, Bidder shall submit written evidence establishing its qualifications such as financial data, previous experience, and present commitments, as detailed in Section 00 45 13 Qualifications Statement, which must be completed in ink and returned for evaluation with the Bid, along with any Owner required documentation.

3.02 The criteria which will be used to determine the lowest responsive and responsible Bidder are as follows:

A. Responsive Bidder: Means a Bidder who has submitted a Bid which conforms in all material respects to the Bidding Documents.

B. Responsible Bidder: Means a Bidder who has the capacity and capability in all respects to perform fully the contract requirements and who has the integrity and reliability to assure good faith performance. Among factors to be considered in determining whether the Bidder meets these standards, are:

1. Financial, material, equipment, facility, and personnel resources and expertise necessary to meet contractual requirements;

2. A record of integrity;

3. A record of Successful Completion defined as: completion of a project within a reasonable time and budget;

4. Qualified legally to contract with the Owner, and;

5. Has not failed to supply any necessary information in connection with the inquiry concerning responsibility.

3.03 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.

Project No. RFB 23-04 3 Section 00 21 00

3.04 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.

3.05 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s representations and certifications.

ARTICLE 4 – SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE;

OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE

4.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

4.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify:

a. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site.

b. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities).

c. reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make pdf digital copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply.

B. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site are set forth in the Contract Documents and are based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others.

C. Adequacy of Data: Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions.

Project No. RFB 23-04 4 Section 00 21 00

4.03 Site Visit and Testing by Bidders

A. Bidder shall conduct Site visit(s) by appointment, during normal working hours, and shall not disturb any ongoing operations at the Site.

B. Bidder is not required to conduct any subsurface testing of Site conditions.

C. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site.

D. Bidder shall comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

E. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

4.04 Owner’s Safety Program

A. Site visits and work at the Site will be governed by an Owner safety program. As the General Conditions indicate, if an Owner safety program exists, it will be noted in the Supplementary Conditions.

4.05 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work for which a Bid is to be submitted.

On request, Owner will provide to each Bidder for examination access to or copies of contract documents (other than portions thereof related to price) for such other work.

ARTICLE 5 – BIDDER’S REPRESENTATIONS

5.01 It is the responsibility of each Bidder before submitting a Bid to:

A. Examine and carefully study the Bidding Documents, and any data and reference items identified in the Bidding Documents;

B. Visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

C. Become familiar with and satisfy itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work;

D. Carefully study all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings;

E. Consider the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, Project No. RFB 23-04 5 Section 00 21 00 techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs;

F. Agree, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Bid no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents;

G. Become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents;

H. Promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder;

I. Determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work; and

J. Agree that the submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 6 – PRE-BID CONFERENCE

6.01 An optional pre-Bid conference will be held at the date and time identified in the Advertisement for Bids and Addenda as appropriate. Representatives of Owner and Engineer will be present to discuss the Project. Bidders should attend and participate in the conference. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all parties recorded as having received the Bidding Documents. Questions received less than forty-eight (48) hours prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.02 Addenda may be issued to clarify, correct, supplement, or change the Bidding Documents. The final addenda shall be issued at a minimum of twenty-four (24) hours prior to the opening of bids’ date and time.

7.03 In the event of a conflict between the plans and specifications, the specifications shall govern.

ARTICLE 8 – BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 5 percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form

Project No. RFB 23-04 6 Section 00 21 00 of a cashier’s or certified check, or a Bid bond (on the form included in the Bidding Documents) issued by a surety meeting the requirements of Paragraphs 6.01 of the General Conditions.

8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 10 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults.

8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within seven days after the Bid opening.

ARTICLE 9 – CONTRACT TIMES

9.01 The number of days within which, or the dates by which, milestones are to be achieved and the Work is to be substantially completed and ready for final payment are set forth in the Agreement.

ARTICLE 10 – LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement.

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, and those “or-equal” or substitute or materials and equipment subsequently approved by Engineer prior to the submittal of Bids and identified by Addendum. No item of material or equipment will be considered by Engineer as an “or-equal” or substitute unless written request for approval has been submitted by Bidder and has been received by Engineer at least 10days prior to the date for receipt of Bids. Each such request shall comply with the requirements of Paragraphs 7.04 and 7.05 of the General Conditions. The burden of proof of the merit of the proposed item is upon Bidder. Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any such proposed item, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner.

11.02 All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk.

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 The apparent Successful Bidder, and any other Bidder so requested, shall within 30 minutes after Bid opening, submit Section 00 41 19, List of Proposed Subcontractors [and Section 00 41 16, List of Manufacturers], for prior approval of the Owner.

If requested by Owner, before executing any subcontract, and within three (3) days after bid opening, the apparent Successful Bidder, and any other Bidder so requested, shall submit an experience statement with pertinent information regarding similar projects and other evidence of

Project No. RFB 23-04 7 Section 00 21 00 qualification for each such Subcontractor, Supplier, or other individual or entity. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder shall submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder.

12.02 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, or other individuals or entities. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions.

12.03 The quantities of work or material stated in unit price items of the Bid are supplied only to give an indication of the general scope of the Work; the Owner does not expressly or by implication agree that the actual amount of work or material will correspond therewith.

ARTICLE 13 – PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form shall be completed either in ink or type and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein.

B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.”

C. A conditional bid will not be considered.

13.02 A Bid by a corporation or partnership shall be executed in the corporate or partnership name by an officer (whose title must appear under the signature), accompanied by evidence of authority to sign.

The corporate or partnership address and state of incorporation shall be shown. The corporate seal shall be affixed and attested by the corporate secretary or an assistant corporate secretary.

13.03 A Bid by a limited liability company shall be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown.

13.04 A Bid by an individual shall show the Bidder’s name and official address.

13.05 A Bid by a joint venture shall be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown.

13.06 All names shall be printed in ink below the signatures.

13.07 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form.

13.08 Postal and e-mail addresses and telephone numbers for communications regarding the Bid shall be shown.

13.09 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form.

Project No. RFB 23-04 8 Section 00 21 00

ARTICLE 14 – BASIS OF BID

A. .

14.02 Unit Price

A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form.

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity” (which Owner or its representative has set forth in the Bid Form) for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

14.03 Allowances

A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 13.02.B of the General Conditions.

ARTICLE 15 – SUBMITTAL OF BID

15.01 The Bid Form is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of Article 7 of the Bid Form.

15.02 A Bid shall be received no later than the date and time prescribed and at the place indicated in the advertisement or invitation to bid and shall be enclosed in a plainly marked package with the Project title and number(s) (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” The Bidders name and return address shall be plainly marked on the package. Mailed Bid shall be addressed to Matt Rector,City Engineer.

15.03 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened.

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.

16.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 16.01 and submit a new Bid prior to the date and time for the opening of Bids.

16.03 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

Project No. RFB 23-04 9 Section 00 21 00

ARTICLE 17 – OPENING OF BIDS

17.01 Bids will be opened at the time and place indicated in the advertisement or invitation to bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, then the Owner will reject the Bid as nonresponsive; provided that Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work.

19.02 If Owner awards the contract for the Work, such award shall be to the responsible Bidder submitting the lowest responsive Bid.

19.03 Evaluation of Bids

A. In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award.

B. In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form. To determine the Bid prices for purposes of comparison, Owner shall announce to all bidders a “Base Bid with Deductive Alternates” budget after receiving all Bids, but prior to opening them. For comparison purposes alternates will be accepted, following the order of priority established in the Bid Form, until doing so would cause the budget to not be exceeded.

After determination of the Successful Bidder based on this comparative process and on the responsiveness, responsibility, and other factors set forth in these Instructions, the award may be made to said Successful Bidder on its base Bid and any combination of its deductive alternate Bids for which Owner determines funds will be available at the time of award.

[or]

C. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items.

19.04 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers.

19.06 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

19.07 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Owner.

Project No. RFB 23-04 10 Section 00 21 00

19.08 Unless otherwise indicated, a single award will not be made for less than all the Bid Items of an individual Bid Schedule. In the event the Work is contained in more than one Bid Schedule, the Owner may award schedules individually or in combination. In the case of two or more Bid Schedules which are alternative to each other, only one of such alternative schedules will be awarded.

ARTICLE 20 – BONDS AND INSURANCE

20.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance, payment, and maintenance bonds and insurance.

When the Successful Bidder delivers the Agreement (executed by Successful Bidder) to Owner, it shall be accompanied by required bonds and insurance documentation.

20.02 INSURANCE REQUIREMENTS

A. Contractor’s Insurance Requirements

1. Before contractor performs any work or delivers any material to the project, contractor shall provide owner certificates of insurance and include, as reasonably available and upon written request of the owner, complete signed copies of all policies and exclusions to owner evidencing that the insurance is in full force and effect. Contractor shall at all times and at contractor’s expense be covered with liability insurance covering all work and the work of others for which it is legally liable with the following limits:

☐ Worker’s Compensation Statutory

☐ Employer’s Liability $1,000,000

☐ Commercial General Liability, written on an Insurance Services

Office occurrence form including completed operations ISO (2004 or equally as broad) including premises/operations coverage, broad form property damage coverage, products and completed operations coverage and broad form contractual liability coverage, with no subsidence or soils, foundations, or building settlement exclusions or limitations and must include a per project general aggregate endorsement

$1 Million Per Occurrence, and $2 Million Aggregate;

$ 2 Million products and completed operations

Aggregate

☐ Auto Liability Owned, Non Owned, Hired including

☐ Broadened Pollution endorsement

$1,000,000

Project No. RFB 23-04 11 Section 00 21 00

☐ Umbrella $2,000,000 ☐

$5,000,000 ☐

$25,000,000 ☐

☐ Professional Liability $5,000,000

☐ Contractor Pollution Liability $5,000,000

☐ Cyber Liability/Technology E&O $2,000,000

Statutory workers’ compensation insurance and employer’s liability with limits $1 million bodily injury each accident, $1 million bodily injury by disease each employee, $1 million bodily injury by disease policy limit with respect to its employees in connection with this contract. Policy shall include the following extensions, if applicable: voluntary compensation, alternate employer’s endorsement for employee leasing/temporary employees, and waiver of subrogation in favor of City of Hutto.

B. Commercial general liability limits referenced above covering claims for death or bodily injury, or damage to property and loss of use thereof, arising from or in connection with the services provided under this agreement for both ongoing operations and completed operations. The policies shall contain xcu coverage, cross liability clause, independent contractor’s liability, broad named insured wording, unintentional errors and omissions and notice and knowledge of occurrence, blanket contractual liability including the indemnification set out in this agreement

1. Commercial general liability policy shall be endorsed to eliminate any exclusions or limitations to owner taking actions under the policy, including any “insured versus insured” limitation with respect to claims by or against contractor and other matters in which contractor may be an adverse party. Commercial General Liability should also eliminate any exclusion concerning care, custody, and control when city property is in their care. Additionally, contractor’s commercial general liability policy, but not the umbrella or excess policy, shall include a “per project” general aggregate endorsement.

2. Automobile liability insurance in limits as stated above covering autos owned, leased, or hired by contractor or its agents, servants, or employees performing work or services in connection with this agreement. Further, Auto Liability should also eliminate any exclusion concerning care, custody, and control when city property is in their care. Auto liability insurance shall include Broadened Pollution endorsement if hauling any pollutants onto City property for any reason.

3. The insurance limits for commercial general liability or automobile liability may be provided through a combination of primary and excess policies. Excess policies shall be on a following form basis.

Project No. RFB 23-04 12 Section 00 21 00

4. Commercial general liability, including completed operations, all business automobile liability insurance and excess or umbrella insurance, shall name the City of Hutto, its officers, agents, independent contractors, and employees as additional insureds utilizing the ISO CG 2010 04 13 and CG 2037 04 13 or equivalent. COPIES OF THESE

ENDORSEMENTS ARE TO BE ATTACHED TO PROOF OF INSURANCE PROVIDED

TO THE CITY.

5. Professional liability insurance covering professional’s/contractor’s liability for any professional acts, errors, and omissions for which contractor is legally liable in completion of this agreement, in an amount of $5 million each loss/$5 million policy aggregate if applicable.

6. Contractor’s pollution legal liability insurance in an amount of $5 million each loss/$5 million policy aggregate with the following endorsements/extensions of coverage: fungi mold, microbial matter coverage, transportation of hazardous materials, and coverage at disposal sites if applicable.

C. General requirements for all insurance policies to be maintained. The following additional specifications shall apply to each of the policies providing any of the insurance coverages required in this exhibit.

1. No act or omission of any insurance agent or broker shall relieve contractor of any of their obligations under this exhibit.

2. Contractor shall be responsible for all deductibles of all required insurances under this section regardless of the nature of the loss. Contractor acknowledges that owner has the right, but not the obligation, to withhold payments owed to contractor as security in the event that contractor fails to provide adequate proof of satisfactory payment of any deductibles owed or expected to come due.

3. All insurance maintained by contractor and any subcontractor shall be endorsed or otherwise include a waiver of subrogation in the favor of the City.

4. Contractor shall cause such coverages called for in the contract documents to be provided on a “primary” basis, regardless of any other insurance the City may elect to purchase and maintain. Accordingly, no liability coverage maintained by the City shall be subject to an “excess,” “contributory,” or “pro rata” type of other insurance clause.

Contractor shall not commence work under this contract until it has obtained all insurance required hereunder and acceptable certificates of insurance (or, if requested by the City in writing in lieu of a certificate, signed copies of the insurance policies when reasonably available) evidencing such insurance have been submitted and approved by owner.

5. The date of all coverages required by this exhibit shall be the effective date of the contract and include all work. The commercial general liability, completed operations liability, and umbrella/excess coverages shall remain in effect annually, maintaining all requirements as included in this agreement, for a minimum time to conform with the period of repose as set out by the State of Texas, following completion of all work by contractor.

CONTINUED PROOF OF INSURANCE MUST BE PROVIDED TO THE CITY.

6. All insurance provided by contractor shall be with authorized insurance companies that have an A M Best rating of at least A-VII.

7. Each policy shall be endorsed to require the insurer to give the City at least thirty (30) days advance written notice of the insurer’s intention to cancel or otherwise terminate the policy, suspend or terminate any coverage under the policy, or reduce any policy

Project No. RFB 23-04 13 Section 00 21 00 limits, increase any policy deductibles or materially alter any terms or conditions, of the policy or a renewal policy issued by the same insurer. Contractor shall likewise give the City at least thirty (30) days advance written notice of any insurer’s intention to cancel or otherwise terminate any policy, suspend or terminate any coverage under any policy, or reduce any policy limits, increase any policy deductibles or materially alter any terms or conditions, of any policy or any renewal policy issued by the same insurer.

8. Upon receipt of any notice of cancellation or reduction in coverage, contractor shall within thirty (30) days procure other policies of insurance that are in accordance with terms of this contract, and deliver evidence of coverage that these are in full force and effect, and if contractor fails to provide and deliver acceptable policies, or satisfactory evidence thereof, then at the City’s option and after 10 days written notice to the contractor, the City may obtain such insurance at the cost and expense of contractor.

9. Any limitations contained within contractor’s insurance shall in no way limit, at any time during or following the project, the obligations of contractor with respect to its duties and obligations, including but not limited to its defense and indemnity obligations owed to owner as specified in the contract documents.

D. Property insurance (IF APPLICABLE)

1. Unless specifically provided by the City, Contractor shall purchase and maintain “builder’s risk” property insurance, or comparable coverage, for the full replacement cost value thereof, for (i) the work that is to be done, and (ii) all materials to be incorporated in the work whether or not title has been acquired by the City. Such insurance shall not cover any property owned, leased, or otherwise used in connection with the work by contractor, contractor’s sub contractors, or the agents or employees of them. This insurance shall include the interests of the City, contractor, and subcontractors and shall provide coverage against loss for “direct physical damage” (previously known as “all risk” coverage) for all property in or on the job site or within off-premises storage to be installed in or on the job site.

2. If by the terms of the property insurance there is a deductible amount, in the event of a loss covered by the insurance, contractor shall be responsible for all deductibles per occurrence which shall be considered a cost of the work and shall not exceed $25,000.

3. The City and contractor waive all rights against (1) each other and any of their sub contractors, agents, and employees, each of the other, and (2) the City’s separate contractors, if any, and any of their sub contractors, agents, and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this section or other property insurance applicable to the work. The City or contractor, as appropriate, shall require of the City’s separate contractors, if any, and the sub-contractors, agents, and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein.

ARTICLE 21 – SIGNING OF AGREEMENT

21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder shall execute and deliver the required number of counterparts of the Agreement (and any bonds and insurance documentation required to be delivered by the Contract Documents) to Owner. Within 10 days thereafter, Owner shall deliver one fully executed counterpart of the Agreement to Successful Bidder, together with

Project No. RFB 23-04 14 Section 00 21 00 printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions.

ARTICLE 22 – SALES AND USE TAXES

22.01 The project Owner is exempt from Texas state sales and use taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Bid. Refer to Paragraph SC-7.09 of the Supplementary Conditions for additional information.

ARTICLE 23 – RETAINAGE

23.01 Provisions concerning CONTRACTOR’s rights to deposit securities in lieu of retainage are set forth in the Agreement.

ARTICLE 24 – CONTRACTS TO BE ASSIGNED

24.01 Not Used

This document is a MODIFIED version of EJCDC® C-200, Instructions to Bidders. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers and is based in part on excerpts from EJCDC documents. Those portions of the text that originated in published EJCDC documents remain subject to copyright.

END OF INSTRUCTIONS TO BIDDERS

Project No. RFB 23-04 1 Section 00 22 13 LAKESIDE ESTATES SIDEWALKS PHASE 2 Bidder’s Checklist of Required Items

BIDDER’S CHECKLIST OF REQUIRED ITEMS

This Bidder’s Checklist is provided to ensure all required forms are completed and returned as part of the bid submission. All forms must be included as indicated for a bid to be considered a complete, responsive bid. Appropriate signatures and date are required on each document. If an item is missing, the bid may be declared unresponsive and therefore rejected. This sheet will serve as the cover sheet for the bid submission.

Completed* Spec. Section

Attended Pre-Bid (include only if Pre-Bid is mandatory) ☐ 00 11 00

Acknowledgement of All Addenda ☐

Bid contains the following forms: ☐

1. Bid Form/Proposal (including Unit Price Schedule – if applicable) ☐ 00 41 13

2. List of Manufacturers (if applicable) ☐ 00 41 16

3. List of Proposed Subcontractors ☐ 00 41 19

4. Bid Bond ☐ 00 43 13

5. Davis Bacon Wage Rates (if applicable) ☐ 00 43 43

6. Qualifications Statement ☐ 00 45 13

7. State Funding Documentation (if applicable) ☐

a. [Equal Opportunity Clause] ☐

b. [Contractor’s Certification of Non-segregated Facilities] ☐

c. [Solicitation of Firms] ☐

d. [Bidders List] ☐

e. [Noncollusion Affidavit] ☐

f. [Business Relationship Affidavit] ☐

g. [DBE Forms] ☐

h. [MBE/WBE/Small Business Documentation] ☐

i. [Other] ☐

*Check when filled out, signed, and included with submission of bid packet.

Within thirty (30) minutes after Bid Opening:

1. [Section 00 41 16, List of Manufacturers] (if applicable)

2. Section 00 41 19, List of Subcontractors

Within three (3) days after Bid Opening:

Bidder acknowledges to provide within three (3) days after Bid Opening (Low Bidder Only):

1. Bidder’s Qualifications of Subcontractor (if requested)

2. [Bid breakdown shall be provided to form the basis for the making of Progress Partial

Payments] (if applicable)

Within fifteen (10) days after Notice of Award:

Bidder acknowledges that within ten (10) days after Notice of Award, Successful Contractor is required to complete the following before execution and award of the contract:

1. Section 00 52 00, Agreement (all pages and supporting documents)

2. Section 00 61 13, Performance Bond

3. Section 00 61 16, Payment Bond

4. [Statutory Bond] (if applicable – usually same as payment bond)

5. [Section 00 61 19, Maintenance Bond] (if applicable)

6.…