2402303 SSLGC Booster PS HVAC Improvements-SPECS (1).pdf

Prepared For:

Schertz – Seguin

Local Government Corporaton

August 2025

SPECIFICATIONS AND

CONTRACT DOCUMENTS

ISSUED FOR BID

FOR THE CONSTRUCTION OF

SSLGC BOOSTER PS HVAC IMPROVEMENTS

SCHERTZ SEGUIN

LOCAL GOVERNMENT CORPORATION

SEGUIN, TEXAS

GARVER PROJECT NO. W07-2402303

CERTIFICATIONS

Project No. W07-2402303 1 Section 00 00 01 SSLGC Booster PS HVAC Improvements Certifications

SSLGC BOOSTER PS HVAC IMPROVEMENTS

GARVER PROJECT NO. W07-2402303

SCHERTZ-SEGUIN LOCAL GOVERNMENT CORPORATION

I hereby certify that the applicable portions of this project plans and specifications were prepared by me or under my direct supervision and that I am a duly Licensed Engineer under the laws of the State of Texas.

SEAL AND SIGNATURE APPLICABLE DIVISION OR

PROJECT RESPONSIBILITY

Tyler V. Pjesky, PE

Division 00 Division 01 Division 02 Division 03

Benjamin C. Ross, PE

Division 23 tvpjesky Tyler-TX-PE-SEAL-(WITH SIGNATURE) tvpjesky Date

Ben Ross Model

Ben Ross Date Time

CERTIFICATIONS

Project No. W07-2402303 2 Section 00 00 01 SSLGC Booster PS HVAC Improvements Certifications

SEAL AND SIGNATURE APPLICABLE DIVISION OR

PROJECT RESPONSIBILITY

Brian S. Chong, PE

Digitally Signed: [DATE]

Division 26

GARVER, LLC CERTIFICATE OF AUTHORIZATION:

TX ENGINEERING REGISTRATION NO. F-5713

Expiration date 01/30/2026

Carlos Medina Stamp

Carlos Medina Brian S. Chong Signature

Carlos Medina Date Time

Carlos Medina Rectangle

Project No. W07-2402303 TOC - 1 Section 00 00 10 SSLGC Booster PS HVAC Improvements Table of Contents

SCHERTZ-SEGUIN LOCAL GOVERNMENT CORPORATION

SSLGC BOOSTER PS HVAC IMPROVEMENTS

TABLE OF CONTENTS

BIDDING AND CONTRACT DOCUMENTS, GENERAL REQUIREMENTS,

AND TECHNICAL SPECIFICATIONS

00 00 01 CERTIFICATIONS

00 00 10 TABLE OF CONTENTS

DIVISION 00 – BIDDING AND CONTRACTING REQUIREMENTS

PART 1 – BIDDING REQUIREMENTS

00 11 00 ADVERTISEMENT FOR BIDS

00 21 00 INSTRUCTIONS TO BIDDERS

00 21 01 GENERAL CONDITIONS OF BIDDING

00 22 13 BIDDER’S CHECKLIST OF REQUIRED ITEMS

00 41 00 BID FORM

00 41 01 CIQ FORM

00 41 02 1295 FORM

00 41 16 LIST OF MANUFACTURERS

00 41 19 LIST OF PROPOSED SUBCONTRACTORS

00 43 13 BID BOND

00 43 43 WAGE RATE PLACEHOLDER

00 45 13 QUALIFICATIONS 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 WARRANTY BOND

00 62 76 APPLICATION FOR PAYMENT

00 63 36 FIELD ORDER

00 63 49 WORK CHANGE DIRECTIVE

00 63 63 CHANGE ORDER

00 65 16 CERTIFICATE OF SUBSTANTIAL COMPLETION

00 65 19 NOTICE OF ACCEPTABILITY OF WORK

PART 3 – CONDITIONS OF THE CONTRACT

00 72 00 GENERAL CONDITIONS

00 73 00 SUPPLEMENTARY CONDITIONS

DIVISION 01 – GENERAL REQUIREMENTS

01 10 00 SUMMARY

01 14 00 WORK RESTRICTIONS

01 20 00 PRICE AND PAYMENT PROCEDURES

01 25 00 SUBSTITUTION PROCEDURES

01 26 00 CONTRACT MODIFICATION PROCEDURES

Seguin / SSLGC Insurance Requirements and Indemnity

Project No. W07-2402303 TOC - 2 Section 00 00 10 SSLGC Booster PS HVAC Improvements Table of Contents

01 30 00 ADMINISTRATIVE REQUIREMENTS

01 32 16 CONSTRUCTION PROGRESS SCHEDULE

01 32 33 PHOTOGRAPHIC DOCUMENTATION

01 33 00 SUBMITTAL PROCEDURES

01 40 00 QUALITY REQUIREMENTS

01 45 24 SPECIAL TESTS AND INSPECTIONS

01 50 00 TEMPORARY FACILITIES AND CONTROLS

01 60 00 PRODUCT REQUIREMENTS

01 70 00 EXECUTION REQUIREMENTS

01 75 00 STARTUP TESTING AND TRAINING

01 75 00.1 SUPPLEMENT 1 - MANUFACTURERS CERTIFICATE OF PROPER INSTALLATION

01 75 00.2 SUPPLEMENT 2 - UNIT PROCESS STARTUP FORM

01 75 00.3 SUPPLEMENT 3 - FACILITY PERFORMANCE DEMONSTRATION CERTIFICATION

FORM

01 77 00 CLOSEOUT PROCEDURES

01 78 36 WARRANTIES AND BONDS

DIVISION 02 – EXISTING CONDITIONS

02 41 00 DEMOLITION

DIVISION 03 – CONCRETE

03 30 00 CAST-IN-PLACE CONCRETE

DIVISION 23 – HVAC

23 05 00 COMMON WORK RESULTS FOR MECHANICAL

23 05 53 IDENTIFICATIONS FOR HVAC PIPING AND EQUIPMENT

23 05 93 AIR CONDITIONING AND VENTILATION TEST AND BALANCE

23 05 96 TESTING, ADJUSTING, AND BALANCING

23 07 00 DUCTWRAP INSULATION

23 07 13 MECHANICAL INSULATION

23 09 00 INSTRUMENTATION AND CONTROL FOR HVAC

23 09 13 TEMPERATURE CONTROLS (ELECTRIC)

23 31 13 METAL DUCTS

23 31 16 POLYVINYL CHLORIDE FABRICATIONS

23 33 00 AIR DUCT ACCESSORIES

23 74 13 PACKAGED ROOFTOP AIR CONDITIONING UNITS

DIVISION 26 – ELECTRICAL

26 05 00 COMMON WORK RESULTS FOR ELECTRICAL

26 05 19 LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES

26 05 26 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS

26 05 33 RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS

26 05 43 UNDERGROUND DUCTS AND RACEWAYS FOR ELECTRICAL SYSTEMS

26 05 53 IDENTIFICATIONS FOR ELECTRICAL SYSTEMS

26 27 26 WIRING DEVICES

PART 1

BIDDING REQUIREMENTS

Project No. W07-2402303 1 Section 00 11 00 SSLGC Booster PS HVAC Improvements Advertisement for Bids

ADVERTISEMENT FOR BIDS

SSLGC Booster PS HVAC Improvements for

Schertz-Seguin Local Government Corporation Project City, Texas

General Notice

Schertz-Seguin Local Government Corporation (Owner) is requesting Bids for the construction of the following Project:

SSLGC Booster PS HVAC Improvements W07-2402303

Bids for the construction of the Project will be received at the Seguin City Hall, 205 North River, Seguin, Texas 78155, until September 16th, at 3:00 PM local time. At that time the Bids received will be publicly opened and read. Any bid received after the above time and date will be returned unopened.

The Project includes the following Work: improvements to the HVAC system for the booster pump station electrical room.

Obtaining the Bidding Documents

Information and Bidding Documents for the Project can be found at the following designated website:

City's BidNet Site: http://www.bidnetdirect.com/texas/cityofseguin

Bidding Documents may be downloaded from the designated website. Prospective Bidders are urged to register with the designated website as a plan holder, even if Bidding Documents are obtained from a plan room or source other than the designated website in either electronic or paper format. The designated website will be updated periodically with addenda, lists of registered plan holders, reports, and other information relevant to submitting a Bid for the Project. All official notifications, addenda, and other Bidding Documents will be offered only through the designated website.

Neither Owner nor Engineer will be responsible for Bidding Documents, including addenda, if any, obtained from sources other than the designated website.

Further information regarding this project may be obtained by contacting Christopher M. Leal, P.E., through the project website.

Pre-bid Conference

A mandatory pre-bid conference for the Project will be held on September 2nd, at 10:00 AM at the City’s Utilities Operation Center, 3027 N. Austin Street, Seguin, Texas 78155.

Instructions to Bidders

To be accepted, a bid must be accompanied by a bid security instrument payable to the Owner in an amount not less than five (5%) percent of the total base bid, in the form of either (a) a cashier's check or certified check or (b) an acceptable bidder's bond with a surety authorized to operate in the state of the project.

Performance, Payment, and Warranty Bonds will be required on the forms provided in the amount of one hundred per cent (100%) of the contract price from an approved surety company holding a permit from the state of the project state to act as surety, or other surety or sureties acceptable to the Owner.

In case of ambiguity or lack of clearness in stating bid prices, the Owner reserves the right to adopt the most advantageous construction thereof, to reject any or all bids, and to waive formalities. No bid may be withdrawn within sixty (60) days after the date on which bids are opened.

For all further requirements regarding bid submittal, qualifications, procedures, and contract award, refer to the Instructions to Bidders that are included in the Bidding Documents.

Project No. W07-2402303 2 Section 00 11 00 SSLGC Booster PS HVAC Improvements Advertisement for Bids

This Advertisement is issued by:

Owner: Schertz-Seguin Local Government Corporation

EJCDC® C-111, Advertisement for Bids for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Project No. W07-2402303 i Section 00 21 00 SSLGC Booster PS HVAC Improvements Instructions to Bidders

INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page

Article 1— Defined Terms

Article 2— Bidding Documents

Article 3— Qualifications of Bidders

Article 4— Pre-Bid Conference

Article 5— Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program;

Other Work at the Site

Article 6— Bidder’s Representations and Certifications

Article 7— Interpretations and Addenda

Article 8— Bid Security

Article 9— Contract Times

Article 10— Substitute and “Or Equal” Items

Article 11— Subcontractors, Suppliers, and Others

Article 12— Preparation of Bid

Article 13— Basis of Bid

Article 14— Submittal of Bid

Article 15— Modification and Withdrawal of Bid

Article 16— Opening of Bids

Article 17— Bids to Remain Subject to Acceptance

Article 18— Evaluation of Bids and Award of Contract

Article 19— Bonds and Insurance

Article 20— Signing of Agreement

Article 21— Sales and Use Taxes

Article 22— Contracts to Be Assigned

Article 23— Wage Rates

Project No. W07-2402303 1 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:

A. Bidder—Any individual, partnership, corporation, joint venture, or other combination thereof who 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. Issuing Office—The office from which the Bidding Documents are to be issued.

C. 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.

ARTICLE 2—BIDDING DOCUMENTS

2.01 Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents (together, the Bidding Documents). See the Agreement for a list of the Contract Documents. It is Bidder’s responsibility to determine that it is using a complete set of documents in the preparation of a Bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers.

2.02 Bidding Documents are made available for the sole purpose of obtaining Bids for completion of the Project and permission to download or distribution of the Bidding Documents does not confer a license or grant permission or authorization for any other use. Authorization to download documents, or other distribution, includes the right for plan holders to print documents solely for their use, and the use of their prospective Subcontractors and Suppliers, provided the plan holder pays all costs associated with printing or reproduction. Printed documents may not be re-sold under any circumstances.

2.03 Owner has established a Bidding Documents Website as indicated in the Advertisement or invitation to bid. Owner recommends that Bidder register as a plan holder with the Issuing Office at such website, and obtain a complete set of the Bidding Documents from such website. Bidders may rely that sets of Bidding Documents obtained from the Bidding Documents Website are complete, unless an omission is blatant. Registered plan holders will receive Addenda issued by Owner.

2.04 Electronic Documents

A. When the Bidding Requirements indicate that electronic (digital) copies of the Bidding Documents are available, such documents will be made available to the Bidders as Electronic Documents in the manner specified.

1. Bidding Documents will be provided in Adobe PDF (Portable Document Format) (.pdf) that is readable by the latest version of Adobe Acrobat Reader. It is the intent of the Engineer and Owner that such Electronic Documents are to be exactly representative of the paper copies of the documents. However, because the Owner and Engineer cannot totally control the transmission and receipt of Electronic Documents nor the Contractor’s means of reproduction of such documents, the Owner and Engineer cannot and do not guarantee that Electronic Documents and reproductions prepared from those versions are identical in every manner to the paper copies.

B. Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon complete sets of Electronic Documents of the Bidding Documents, described in Paragraph 2.06.A above. However, Bidder assumes all risks associated with differences arising from transmission/receipt of Electronic Documents versions of Bidding Documents and reproductions prepared from those versions and, further, assumes all risks, costs, and responsibility associated with use of the Electronic Documents versions to derive information

Project No. W07-2402303 2 Section 00 21 00 that is not explicitly contained in printed paper versions of the documents, and for Bidder’s reliance upon such derived information.

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 the Qualifications Statement, which must be completed in ink and returned for evaluation with the Bid, along with any Owner required documentation. Owner will review the submitted information to determine which contractors are qualified to bid on the Work.

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 Bidder is to submit the following information with its Bid to demonstrate Bidder’s qualifications to perform the Work:

A. Written evidence establishing its qualifications such as financial data, previous experience, and present commitments, as detailed in the Qualifications Statement.

B. A written statement that Bidder is authorized to do business in the state where the Project is located, or a written certification that Bidder will obtain such authority prior to the Effective Date of the Contract.

C. Bidder’s state or other contractor license number, if applicable.

D. Other required information regarding qualifications.

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

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

ARTICLE 4—PRE-BID CONFERENCE

4.01 A pre-bid conference will not be conducted for this Project.

4.02 A mandatory pre-bid conference will be held at the time and location indicated in the Advertisement or invitation to bid. Representatives of Owner and Engineer will be present to

Project No. W07-2402303 3 Section 00 21 00 discuss the Project.

4.03 Information presented at the pre-Bid conference does not alter the Contract Documents. Owner will issue Addenda to make any changes to the Contract Documents that result from discussions at the pre-Bid conference. Information presented, and statements made at the pre-bid conference will not be binding or legally effective unless incorporated in an Addendum.

ARTICLE 5—SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE;

OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE

5.01 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.

5.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify the following regarding existing conditions at or adjacent to the Site:

a. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data.

b. Those drawings known to Owner of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data.

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 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: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05 of the General Conditions, and not in the drawings referred to in Paragraph 5.02.A of these Instructions to Bidders. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data.

5.03 Other Site-related Documents

A. In addition to the documents regarding existing Site conditions referred to in Paragraph 5.02.A, the following other documents relating to conditions at or adjacent to the Site are known to Owner and made available to Bidders for reference:

1. None.

Project No. W07-2402303 4 Section 00 21 00

Owner will make copies of these other Site-related documents available to any Bidder on request.

B. Owner has not verified the contents of these other Site-related documents, and Bidder may not rely on the accuracy of any data or information in such documents. Bidder is responsible for any interpretation or conclusion Bidder draws from the other Site-related documents.

C. The other Site-related documents are not part of the Contract Documents.

D. Bidders are encouraged to review the other Site-related documents, but Bidders will not be held accountable for any data or information in such documents. The requirement to review and take responsibility for documentary Site information is limited to information in (1) the Contract Documents and (2) the Technical Data.

E. No other Site-related documents are available.

5.04 Site Visit and Testing by Bidders

A. Bidder is required to visit the Site and conduct a thorough visual examination of the Site and adjacent areas. During the visit the Bidder must not disturb any ongoing operations at the Site.

B. A Site visit is scheduled following the pre-bid conference. Maps to the Site will be available at the pre-Bid conference.

C. Bidders visiting the Site are required to arrange their own transportation to the Site.

D. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions.

E. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder general 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. Bidder is responsible for establishing access needed to reach specific selected test sites.

F. Bidder must 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.

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

5.05 Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. If an Owner safety program exists, it will be noted in the Supplementary Conditions.

5.06 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 of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

Project No. W07-2402303 5 Section 00 21 00

ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Express Representations and Certifications in Bid Form, Agreement

A. The Bid Form that each Bidder will submit contains express representations regarding the Bidder’s examination of Project documentation, Site visit, and preparation of the Bid, and certifications regarding lack of collusion or fraud in connection with the Bid. Bidder should review these representations and certifications, and assure that Bidder can make the representations and certifications in good faith, before executing and submitting its Bid.

B. If Bidder is awarded the Contract, Bidder (as Contractor) will make similar express representations and certifications when it executes the Agreement.

ARTICLE 7—INTERPRETATIONS AND ADDENDA

7.01 Owner on its own initiative may issue Addenda to clarify, correct, supplement, or change the Bidding Documents.

7.02 Bidder shall submit all questions about the meaning or intent of the Bidding Documents to Engineer in writing. Contact information and submittal procedures for such questions are as follows:

A. All questions must be submitted through the project bidding website.

7.03 Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all registered plan holders. Questions received less than ninety-six (96) hours prior to the date for opening of Bids may not be answered. The final addenda shall be issued at a minimum of forty-eight (48) hours prior to the date and time for opening of Bids.

Failure of any bidder to receive any such addendum or interpretation shall not relieve the bidder from any obligation under his bid submitted.

7.04 Only responses set forth in an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Responses to questions are not part of the Contract Documents unless set forth in an Addendum that expressly modifies or supplements the Contract Documents.

ARTICLE 8—BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of five (5) percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a Bid bond issued by a surety meeting the requirements of Paragraph 6.01 of the General Conditions. Such Bid bond will be issued in the form included in the Bidding Documents.

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, 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 and furnish the required Contract security within 15 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, in whole in the case of a penal sum bid bond, and to the extent of Owner’s damages in the case of a damages-form bond. Such forfeiture will 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 7 days after the Effective Date of the

Project No. W07-2402303 6 Section 00 21 00

Contract or 91 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 7 days after the Bid opening.

ARTICLE 9—CONTRACT TIMES

9.01 The number of days within which, or the dates by which, the Work is to be (a) substantially completed and (b) ready for final payment, and (c) Milestones (if any) are to be achieved, are set forth in the Agreement.

9.02 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 10—SUBSTITUTE AND “OR EQUAL” ITEMS

10.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or “or-equal” items. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or “or-equal” item of material or equipment, application for such acceptance may not be made to and will not be considered by Engineer until after the Effective Date of the Contract.

10.02 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 within 10 days of the issuance of the Advertisement for Bids or invitation to Bidders.

Each such request must comply with the requirements of Paragraphs 7.05 and 7.06 of the General Conditions, and the review of the request will be governed by the principles in those paragraphs.

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 registered Bidders. Bidders cannot rely upon approvals made in any other manner.

10.03 All prices that Bidder sets forth in its Bid will 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 11—SUBCONTRACTORS, SUPPLIERS, AND OTHERS

11.01 A Bidder must be prepared to retain specific Subcontractors and Suppliers for the performance of the Work if required to do so by the Bidding Documents or in the Specifications. If a prospective Bidder objects to retaining any such Subcontractor or Supplier and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid.

11.02 The apparent Successful Bidder, and any other Bidder so requested, must submit to Owner a List of Subcontractors and Manufacturers proposed for the Work with the bid, using the forms supplied in the bidding documents.

11.03 If requested by Owner, such list must be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor or Supplier. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor or Supplier, Owner may, before the Notice of Award is given, Project No. W07-2402303 7 Section 00 21 00 request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder will 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.

11.04 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 and Suppliers.

Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor or Supplier, 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 7.07 of the General Conditions.

ARTICLE 12—PREPARATION OF BID

12.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form must be completed in ink and the Bid Form signed in ink. Erasures or alterations must be initialed in ink by the person signing the Bid Form. A Bid price must 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.”

12.02 If Bidder has obtained the Bidding Documents as Electronic Documents, then Bidder shall prepare its Bid on a paper copy of the Bid Form printed from the Electronic Documents version of the Bidding Documents. The printed copy of the Bid Form must be clearly legible, printed on 8½ inch by 11-inch paper and as closely identical in appearance to the Electronic Document version of the Bid Form as may be practical. The Owner reserves the right to accept Bid Forms which nominally vary in appearance from the original paper version of the Bid Form, providing that all required information and submittals are included with the Bid.

12.03 A Bid by a corporation must be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown.

12.04 A Bid by a partnership must be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership must be shown.

12.05 A Bid by a limited liability company must 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 must be shown.

12.06 A Bid by an individual must show the Bidder’s name and official address.

12.07 A Bid by a joint venture must be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture must have been formally established prior to submittal of a Bid, and the official address of the joint venture must be shown.

12.08 All names must be printed in ink below the signatures.

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

12.10 Postal and e-mail addresses and telephone number for communications regarding the Bid must be shown.

Project No. W07-2402303 8 Section 00 21 00

12.11 The Bid must contain evidence of Bidder’s authority to do business in the state where the Project is located, or Bidder must certify in writing that it will obtain such authority within the time for acceptance of Bids and attach such certification to the Bid.

12.12 If Bidder is required to be licensed to submit a Bid or perform the Work in the state where the Project is located, the Bid must contain evidence of Bidder’s licensure, or Bidder must certify in writing that it will obtain such licensure within the time for acceptance of Bids and attach such certification to the Bid. Bidder’s state contractor license number, if any, must also be shown on the Bid Form.

ARTICLE 13—BASIS OF BID

13.01 Lump Sum

A. Bidders must submit a Bid on a lump sum basis as set forth in the Bid Form.

ARTICLE 14—SUBMITTAL OF BID

14.01 The Bidding Documents may include one separate unbound copy of the Bid Form and the Bid Bond Form. The unbound copy of 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 2 of the Bid Form.

14.02 A Bid must be received no later than the date and time prescribed and at the place indicated in the Advertisement or invitation to bid and must be enclosed in a plainly marked package with the Project title, the name and address of Bidder, and must be accompanied by the Bid security and other required documents. If a Bid is sent by mail, the sealed envelope containing the Bid must be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.”

A mailed Bid must be addressed to the location designated in the Advertisement.

14.03 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 15—MODIFICATION AND WITHDRAWAL OF BID

15.01 Reference Section 00 21 00 General Conditions of Bidding, paragraph 3 Withdrawal of Bids.

ARTICLE 16—OPENING OF BIDS

16.01 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 17—BIDS TO REMAIN SUBJECT TO ACCEPTANCE

17.01 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 18—EVALUATION OF BIDS AND AWARD OF CONTRACT

18.01 Refer to Section 00 21 01 General Conditions of Bidding, paragraph 11 Award.

ARTICLE 19—BONDS AND INSURANCE

19.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds, other required bonds (if any), Project No. W07-2402303 9 Section 00 21 00 and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by required bonds and insurance documentation.

19.02 Article 8, Bid Security, of these Instructions, addresses any requirements for providing bid bonds as part of the bidding process.

ARTICLE 20—SIGNING OF AGREEMENT

20.01 When Owner issues a Notice of Award to the Successful Bidder, it will 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 must 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 will deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions.

ARTICLE 21—SALES AND USE TAXES

21.01 Owner is exempt from Texas state sales and use taxes on materials and equipment to be incorporated in the Work. Said taxes must not be included in the Bid. Refer to Paragraph SC-7.10 of the Supplementary Conditions for additional information.

ARTICLE 22—CONTRACTS TO BE ASSIGNED

The successful bidder shall not sell, assign, transfer or convey this contract, in whole or in part, without the prior written consent of the Owner.

ARTICLE 23—WAGE RATES

There shall be paid on the project not less than the general prevailing rates of wages in the locality of the project, as required by Texas Government Code Chapter 2258, based on the locality and job classification. These shall be based on Davis Bacon Wage Rates for Building Job and Heavy Construction classifications.

For additional information on assigning a procurement contract, refer to EJCDC® P-001, Commentary on the 2018 EJCDC Procurement Documents (2018).

EJCDC® C-200, Instructions to Bidders for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, Revised November 19, 2024

SECTION 00 21 01

GENERAL CONDITIONS OF BIDDING

These general conditions apply to any procurement of products or services by the City of Seguin.

Failure to comply with these General Conditions of Bidding may result in the bid being disqualified.

1. DEFINITION OF TERMS

A. “Bid documents” mean the entire packet of documents provided to bidders, including, but not limited to the General Conditions of Bidding, General Conditions of Agreement, General and/or Technical

Specifications, Special and Supplementary Conditions, Information to Bidders, Bid Form(s) and any

Addendum.

B. “Bidder” means a person or firm submitting a bid, proposal, or quote to provide equipment, material, and/or services necessary in the performance of these specifications and competing for award of a contract.

C. “Bid” or “Proposal” means an offer to perform or provide the requirements specified herein.

“Furnish” or “provide” means to supply, equip, and deliver the specified equipment, material and/or services to the Purchaser.

D. “Formal Bid” is a formally advertised solicitation for acquiring goods, services, and construction that requires a public opening of sealed bids or proposals, generally $50,000 or more.

E. “Informal Bid” is a competitive bid or price quotation for supplies or services under $50,000 that is conveyed by letter, telephone, or other means and does not require a sealed bid, public opening, or public reading of bids.

F. “City”, “Purchaser”, or” Owner” shall refer to the City of Seguin, PO Box 591, Seguin, Texas 78156-

0591.

G. “Contract” means the contract awarded pursuant to this solicitation.

H. “Contractor” or “Vendor” means the bidder to which a contract award has been made by the City.

I. “Purchase Order” means the document issued by the City that creates a legal binding contract between the City and the Contractor and authorizes the Contractor to ship goods pursuant to the

2. SUBMISSION OF BIDS

A. All bids must be on blank forms furnished by the Purchasing Department and must be written in ink or typed. Pencil quotations will not be considered. Proposals must be submitted on the forms or in the format called for in specifications. Each must be executed personally by the bidder, or if executed by an agent, a power of attorney or other evidence of his authority to act on behalf of the bidder must accompany the bid. If the bidder is a corporation, the certificate of corporate bidder must be executed under the corporate seal by some duly authorized officer of the corporation other than the officers signing the bid. By execution of the bid, the bidder accepts all general and special conditions of the contract and the specifications.

B. Formal sealed bids and proposals must be received at the date, time, and place specified in the bid document packaged in a sealed envelope (8 1/2” x 11” minimum) clearly marked with the bid or project name, bid number, and date/time of opening, unless otherwise specified. An early postmark will not

B. Bidders shall make all investigations necessary to thoroughly inform themselves regarding plant and facilities for delivery of materials or equipment as required by the bid conditions. No plea of ignorance by the Bidder of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the Bidder to make the necessary examinations and investigations will be accepted as a basis for varying the requirements of the City or the compensation to the vendor.

C. If any bidder is in doubt as to the true meaning of the specifications, other bid documents, or any part thereof, they may submit a written request for clarification to the Purchasing Manager. A request for clarification should be submitted by the deadline, if any, indicated in the specifications.

D. All materials, equipment, supplies which are new, non-standard to the City of Seguin, and/or items which are to be listed as an alternate or exception must be pre-approved PRIOR to placing them on a bid proposal. In order to fairly evaluate all bids, sufficient time requirements for possible field testing or demonstrations should be allowed.

E. Bidders are advised that City contracts are subject to all legal requirements under Local, State and

Federal statutes, ordinances, and regulations. Any bid, after being opened, becomes subject to the Public

Information Act, Government Code Chapter 552; therefore bidders must clearly indicate any portion of the submitted bid that the bidder claims is not subject to public inspection under the Public Information

Act.

F. No officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, or shall benefit financially, directly or indirectly, in the sale to the City of any materials, supplies or services, except on behalf of the City as an officer or employee.

G. The City of Seguin is committed to maintaining fair and open competition as required by local, state, and federal laws and statutes. Every effort is made to maintain the highest level of ethical conduct in every aspect of the procurement process. Sharp business practices or high-pressure tactics will not be tolerated. Qualification and selection of vendors is based on those vendors who share the same high standards of ethical conduct.

5. DESCRIPTION OF GOODS

A. Any catalog or manufacturer’s reference in this bid is merely descriptive, and not restrictive, unless otherwise noted, and is used only to indicate type and quality of material. Any such references are made a part of these contract documents as if incorporated verbatim herein.

B. The term “Or Equal”, if used, is intended to allow substitution of a brand which has all the essential performance, features, reliability, and other salient characteristics as the brand name and model stated in the item description. “Or Equal” is intended to establish a level of quality and function and is not to be interpreted as a preference for a particular brand. Other brands meeting these minimum requirements will be accepted. Bid submitted on an “Or Equal” item must clearly identify the proposed product, the quantity of the product, model, and type, as applicable.

C. Alternate bids will not be considered unless expressly authorized by the bid documents.

6. PREPARATION OF BID

Bidders will prepare bids in accordance with the following:

A. Specifications are written to encourage competition. The specifications herein shall be the basis of comparison between bidders. There is no intent to discriminate against any supplier or vendor but rather to set a definite standard of performance. Bidders are required to quote services and/or equipment that will meet or exceed the minimum or maximum specifications herein.

selecting the offer that provides the best value for the City including, but not limited to, the offered price. Causes for bidder disqualification and rejection of bids may include, but shall not be limited to:

1. Bidder’s current inability to satisfactorily perform the work or service, or the bidder’s previous failure to properly and timely perform its obligations under a contract with the City. Purchaser may make such investigation as is deemed necessary to determine the ability of the Bidder to provide the equipment, material, and/or services as required by this specification and to determine the adequacy of the proposed equipment, material, and/or services. The Bidder shall furnish, upon request, all such data and information requested for this purpose. The information provided is not intended to change the bid response in any fashion and such information must be provided within two days from request.

2. Bidder’s current violation of any City ordinance.

3. Bidder’s misstatement or concealment of any material fact in the bid.

4. Bid or proposal’s nonconformance to law or the requirements of the bid specifications.

5. Failure to use or properly complete the bid/proposal form furnished by the City of Seguin.

6. Lack of signature by an authorized representative on the proposal form.

7. Alteration of bid form.

8. Evidence of collusion among proposers.

9. Omission of proposal guarantee (if required).

10. In the event that a bidder is, or subsequently becomes, delinquent in the payment of his, her or its City taxes, including state and local sales taxes, or any other City financial obligation, such fact shall constitute grounds for rejection of the bid, or if awarded the bid, for cancellation of the

11. AWARD

A. The City reserves the right to award a bid or contract to the bidder who provides goods or services at the best value for the City. In determining the best value for the City, the City may consider the following to include but not limited to:

1. Price

2. Reputation of Bidder

3. Work Experience of Bidder

4. Quality of bidder’s goods and services

5. Conformance to specifications

6. Bidder’s past relationship with the City

7. Total estimated Long-Term Cost in a contract with Bidder

8. Crew availability

9. Material Delivery

B. The City reserves the right to reject or accept all or any combination of bids.

C. The City reserves the right to reject or accept all or any combination of base bid plus alternative bids when alternate bids are called for in bid documents, subject to available funding.

D. Contractor is an independent contractor. Award of a contract does not create a joint venture replace the goods at the Contractor’s expense. If the Contractor fails to do so within a reasonable time, the City, at its discretion, may cause the correction to be made at the Contractor’s expense, or may return the goods at the Contractor’s expense and terminate this contract.

15. PROTESTS

A. The City Council is the final authority on issues relating to this contract. The Purchasing Manager is the City’s representative in the award and administration of this contract, and will issue and receive all documents, notices, and correspondence.

B. Any protest to the City’s consideration of any bid must be submitted in writing and delivered to the City of Seguin, ATTN: Purchasing Manager.

C. The protest may be delivered in person to the Purchasing office located at 211 North River, Seguin, Texas, or by certified mail, return receipt requested, to the following address: City of Seguin, Purchasing Department, ATTN: Purchasing Manager, PO Box 591, Seguin, Texas 78156-0591.

D. The written protest must include the following information before it may be considered by the

City:

1. Name, mailing address, and business phone number of the protesting party;

2. Identification of the bid or proposal being protested;

3. A precise and concise statement of the reason/reasons for the protest which should provide enough factual information to enable the City to determine the basis of the protest;

4. Any documentation or other evidence supporting the protest.

E. The Purchasing Department, in conjunction with the department responsible for the bid or proposal solicitation, will attempt to resolve the protest, including, at the City’s option, meeting with the protesting party. If the protest is successfully resolved by mutual agreement, written verification of the resolution of each ground addressed in the protest will be provided to the City Manager. If the

Purchasing Department is unable to resolve the protest, the protesting party may request the protest be reviewed and resolved by the City Manager.

F. A request for the City Manager’s review must be in writing and received by the Purchasing

Department within three (3) business days from the date the Purchasing Department informs the protesting party the protest…