26-044 Davis Road Gravity Sewer Replacement Project WW1801K Project Manual to post.pdf

Specifications and

Contract Documents for

Davis Road 15-Inch Sanitary Sewer Replacement

Bid No. 26-044

BIRKHOFF, HENDRICKS & CARTER, L.L.P.

PROFESSIONAL ENGINEERS

DALLAS, TEXAS

June 2026

6-11-2026

PREPARED BY

SPECIFICATIONS AND CONTRACT DOCUMENTS

for

DAVIS ROAD 15-INCH SANITARY SEWER REPLACEMENT

in

CITY OF LEAGUE CITY, TEXAS

BIRKHOFF, HENDRICKS & CARTER, L.L.P.

11910 Greenville Avenue

Suite 600

Dallas, Texas 75243

City of League City

Bid No. 26-044 TC-1

TABLE OF CONTENTS

NO. OF

BIDDING REQUIREMENTS PAGES

Notice to Bidders

General Instructions to Bidders

Subcontractors and Major Suppliers Form

Bidder Submission Checklist

Bid Proposal

Bidders Certification and Addenda Acknowledgement

Bid Bond

HB 89 Verification Form

Public Information Request Act Form…

CONTRACT FORMS

Performance Bond

Payment Bond

Standard Form of Agreement

Conflict of Interest Questionnaire

One-Year Maintenance Bond

Contractor’s Insurance Certificate ...................................................................... Provided by Contractor

CONDITIONS OF THE CONTRACT

General Conditions of Agreement

Attachment No. 1 to General Conditions - Worker’s Compensation Insurance

Attachment No. 2 to General Conditions

Agreement for Final Payment and Contractor’s Sworn Release

Subcontractor/Materialman’s Full and Final Release and Waiver of Claims and Liens

Bid No. 26-044 TC-2

Consent of Surety Company to Final Payment

Attachment No. 3 - Wage Rates

Special Conditions

Measurement and Payment

City of League City Standard Construction Specification Documents

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NOTICE TO BIDDERS

Sealed bids must be submitted with, one marked original, one marked copy, properly labeled and clearly marked with the Bid number and description, directed to City of League City, Office of the

Purchasing Manager, 300 West Walker Street, League City, Texas 77573 will be received until

2:00 p.m., July 20, 2026, and then publicly opened and read aloud. Bids received after that time will not be accepted. Bids sent via courier must be sealed in a separate envelope inside of the mailer. The

Bidder shall furnish all labor, materials, and equipment and perform all work for the construction of the following project:

Project #WW 1801K

Bid # 26-044

Replacement of approximately 550 L.F. of sanitary sewer by Pipe Bursting and Open-Cut Methods as specified, including all Bypassing, Appurtenances, Coating, Tie-ins, Manhole Rehabilitation, pavement removal and replacement, driveway restoration, and other associated surface restoration work, complete, tested, and placed into service. Storm Water Pollution Prevention Measures (SWPPP) shall be implemented throughout construction to maintain compliance with applicable environmental and permit requirements.

Bid documents may be obtained from http://leaguecitytx.gov/bids.aspx as well as www.CivcastUSA.com, search League City, Galveston County. Bidders must register on this website in order to view and/or download specifications, plans, and bid documents for this project. There is NO charge to view or download documents.

All inquiries about this bid or specifications must be made in writing to the League City Purchasing Department, at purchasing@leaguecitytx.gov. The city shall not be responsible for any verbal communication between any employee of the City and any potential firm. Only written requirements and qualifications will be addressed.

An optional pre-bid conference will be held Tuesday, June 30, 2026, at 2:00 p.m., at the City of

League City, Johnnie Arolfo Civic Center, 400 West Walker Street, League City, Texas 77573, with cutoff for questions being 5:00 p.m. on July 6, 2026. All prospective Bidders are invited to attend. Failure to attend will not bar Bidders.

A cashier’s check or Certified Check from a Texas Bank, or acceptable Bid Bond from a reliable surety company authorized to do business in Texas, payable to the City of League City, in an amount not less than 5% of the maximum Bid price submitted, must accompany each Bid as a guarantee that, if awarded the contract, the bidder will, within 10 calendar days of Award of Contract, enter into a

Contract and execute Bonds on the forms provided in the Contract Documents. The Bidder’s deposit shall be forfeited and become the property of the OWNER in the event the Bidder neglects or refuses to enter into a contract and to furnish bonds acceptable to the OWNER within 10 calendar days after receipt of Notice to Award from the OWNER. The Bid Deposit of all except the three lowest Bidders will be returned within 10 calendar days after the opening of the bids. The Bid Deposit of the three http://leaguecitytx.gov/bids.aspx http://www.civcastusa.com/ mailto:purchasing@leaguecitytx.gov

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lowest bidders will be returned within 7 working days after the executed contract and required Bonds have been fully approved by the OWNER.

The successful Bidder must furnish PERFORMANCE, PAYMENT and MAINTENANCE BONDS on the forms furnished with the PROPOSAL, in the amount of 100% of the total contract price, from a surety company holding a permit from the State of Texas to act as surety. The surety company must have a minimum Best Key Rating of “B”, or if the surety company does not have such a rating due to the length of time it has existed, the surety company must be eligible to participate in the surety bond guarantee program of the Small Business Administration and must be an approved surety listed in the current U.S. Department of Treasury Circular 570, and must meet all of the related rules and regulations of the Treasury Department. The surety company and the agency or agent issuing the

PAYMENT, PERFORMANCE and MAINTENANCE BONDS must be authorized to issue and sign

PAYMENT, PERFORMANCE and MAINTENANCE BONDS in Texas in an amount equal to, or greater than, the total Contract price.

Upon consideration of the proposals the City Council plans to award a Contract; however, the City reserves the right to reject any and all bids, to waive any and all irregularities and technicalities, and to accept any bid which it deems advantageous to it. Each bidder agrees to waive any claim it has or may have against the Owner, the Engineer, and their respective employees, arising out of or in connection, with the administration, evaluation, or recommendation of any bid.

First Publication: Friday, June 19, 2026 Second Publication: Friday, June 26, 2026 Deadline for Q & A Addendum Posted Thursday, July 9, 2026 at 5:00 p.m.

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GENERAL INSTRUCTION TO BIDDERS

1. SCOPE OF WORK

The work to be done under the contract documents is included in the bid proposal.

PROJECT #WW 1801K

Bid # 26-044

The Contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with the contract documents.

2. COMPLIANCE WITH CONTRACT DOCUMENTS

All work covered by this Contract shall be done in accordance with the contract documents as described in the General Conditions.

All bidders shall be thoroughly familiar with all of the requirements set forth in the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents.

3. PLANS FOR USE BY BIDDERS

It is the intent of the Owner that all parties interested in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid. The contract documents may be examined without charge as noted in the Notice to Bidders. Any party wishing to purchase a hard copy of the contract documents, including all plans and specifications, may do so with a request and payment of printing cost.

4. INTERPRETATION OF TECHNICAL SPECIFICATIONS, PLANS AND OTHER

DOCUMENTS

Bidders desiring additional information or clarification of technical specifications, plans or other documents must make written requests for such information to the Engineer as the

Owner's representative by the cut-off date, and time, as indicated in the Notice to Bidders.

Answers to all such requests will be given in writing, in addendum form, to all bidders, and all addenda will be bound with and become a part of the contract documents. No written or oral explanation or interpretation except that which is provided by the addenda prepared by the Engineer will be considered official or binding. If the bidder should find discrepancies in or omissions from the technical specifications or plans, or should some doubt exist as to their meaning, the bidder shall notify the Engineer in writing so that a written addendum may be sent to all bidders. It is the responsibility of the bidders to know if they have received all such addenda. A complete file on all addenda issued will be maintained at the Engineer's office. In the event a bidder shall fail to seek clarification or interpretation of any part or portions of the technical specifications, plans or other documents, such bidder shall be presumed to have full knowledge of the interpretation by the Engineer.

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5. CONDITIONS OF WORK

Each bidder shall fully inform himself of the construction and working conditions under which the work will be performed. Bidders shall inspect the site and thoroughly familiarize themselves with the full bid documents including technical specifications and plans. Failure to do so will not relieve a successful bidder of his obligation to perform the work in accordance with contractual requirements. It is understood that the bid prices shall include the furnishing of all superintendence, labor, material, machinery, equipment, tools, transportation, services and other means of construction, including parts, incidentals and appurtenances, as necessary to complete the work in accordance with the contract documents, technical specifications and plans.

Bidder should carefully examine the bidding documents and the site to determine the actual conditions under which work will be done. Data in the bidding documents pertaining to existing conditions is for convenience only and does not supplant obtaining firsthand information at the site. Submission of a bid constitutes acceptance by the bidder of existing site conditions as part of the requirements of this work.

6. SUBSURFACE INFORMATION

Any information provided in regard to subsurface data, test borings, etc., is to be considered approximate. Soil reports, if any, that the Engineer has obtained for this project will be provided to the bidders for their use. The interpretation of soil information, results of soil borings, etc., is in no way guaranteed.

7. OPEN SPECIFICATIONS

Where equipment or materials are specified by a trade or brand name, it is not the intention of the Owner to discriminate against an equal product of another manufacturer but rather to set a definite standard of quality and/or performance and to establish an equal basis for the evaluation of bids. Where the words "equivalent" or "equal to" are used, they shall be understood to mean that the thing referred to shall be, in the opinion or judgment of the

Engineer, the equivalent of or equal to the product or item specified by name. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be, in all cases, fully equivalent to approved samples. Notwithstanding that the words "equivalent", "equal to" or other such expressions may be used in the specifications in connection with a material, manufactured article or process, the material, article or process specifically designated shall be used unless a substitute shall be approved in writing by the Engineer.

The Engineer has the right to require the use of such specifically designated materials, articles or processes.

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8. PREPARATION OF BID PROPOSAL

Unless otherwise directed in the Notice to Bidders, bids shall be submitted in duplicate upon forms furnished by the Owner or copies thereof. All bids shall be prepared in compliance with the requirements of the Notice to Bidders, these instructions and any instructions printed on the prescribed forms. All blank spaces in the form shall be correctly filled in, and the bidder shall state the price(s) both in words and in numerals, for which he proposes to do the work contemplated or to furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. Amounts shall be extended and totaled, and no change shall be made in the phraseology of the form or of the bid items thereon. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If optional items are shown on the bid form and the bidder elects not to bid on such optional items, then "No Bid" must be entered in the blank spaces provided. If a space is left blank on the bid form, the Owner will interpret such blank as a

"No Bid".

The bidder must sign the bid proposal in ink in the space provided on the bid form; unsigned bids will not be accepted. If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. A bid submitted by a sole proprietorship must be signed by the proprietor and must clearly set out the name under which the proprietor is conducting business. If the proposal is submitted by a firm, association or partnership, then the name and address of the firm, association or partnership must be shown together with the name and address of each member, and the proposal must be signed by a member of the firm, association or partnership or other person duly authorized.

If the proposal is submitted by a company or corporation, the company or corporate name and business address, the name of the registered agent, the address of the registered office, and the names, addresses and offices of each corporate officer, must be given. Bids submitted by a corporation must be signed by an officer of the corporation having the authority to execute such documents for the corporation, which authority is granted either by the corporate charter, the by-laws of the corporation or a resolution of the board of directors of the corporation, and shall specify under what authority the proposal is signed; the proposal shall be attested to by the secretary or an assistant secretary of the corporation, and the corporate seal shall be affixed thereto.

Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal.

Each bid proposal shall be enclosed in a sealed envelope and submitted in duplicate, addressed as specified in the Notice to Bidders and bearing the bidder's name and the notation "Bid Enclosed”

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9. BID BOND REQUIRED

Each bidder is required to submit with each bid a cashier’s check or Certified Check from a

Texas Bank, or acceptable Bid Bond from a reliable surety company authorized to do business in Texas, payable to the City of League City, in an amount not less than 5% of the maximum Bid price submitted, as a guarantee that, if awarded the contract, the bidder will, within 10 calendar days of Award of Contract, enter into a Contract and execute Bonds on the forms provided in the Contract Documents. The Bidder’s deposit shall be forfeited and become the property of the OWNER in the event the Bidder neglects or refuses to enter into a contract and to furnish bonds acceptable to the OWNER within 10 calendar days after receipt of Notice to Award from the OWNER. The Bid Deposit of all except the three lowest

Bidders will be returned within 10 calendar days after the opening of the bids. The Bid

Deposit of the three lowest bidders will be returned within 7 working days after the executed contract and required Bonds have been fully approved by the OWNER.

10. FINANCIAL STATEMENT

Each bid must be accompanied by a financial statement of the bidder as reflected by his most recently prepared statement; the financial statement submitted must be current and shall not have been prepared prior to twelve (12) months immediately preceding the date specified for receipt of bids. The financial statement shall be submitted in a sealed envelope, properly identified as to contents and project description. The bidder's financial statement will be examined only if the bid submitted is actively considered for award; otherwise, it will be returned unopened after the execution of the Contract.

11. DELIVERY OF BIDS

It is the bidder's responsibility to deliver his bid in accordance with the instructions contained in the Notice to Bidders. Bids dispatched but not received by the date and time specified will be returned unopened upon receipt.

The City will receive bids electronically through www.publicpurchase.com or hard copies delivered to Purchasing Department. Instructions for Public Purchase can be found on

Attachment B. Hard copies must be submitted with, one (1) marked original, one (1) marked copy, properly labeled and clearly marked with the Bid Number, CIP Number, and description, directed to:

Purchasing Department

300 W. Walker St.

League City, Texas 77573

Monday – Thursday: 7:30 am to 5:30 pm

Friday: 7:30 am to 12:00 pm

If the bid is submitted electronically through Public Purchase, a hard copy of the bid bond must be received to the Purchasing Department prior to the bid opening.

http://www.publicpurchase.com/

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Bids sent via courier must be sealed in a separate envelope inside of the mailer. Mark envelope/package with Bid Number and name. The Bidder shall furnish all labor, materials, and equipment and perform all work for the construction of the following project:

PROJECT #WW 1801K

12. BID MODIFICATIONS

At any time prior to the deadline set for receipt of bids, a bid may be withdrawn and resubmitted by submitting a written request to do so to the person who holds the bid, but no proposal may be altered after the closing time set for receipt of bids. In addition, any bidder may modify his bid by telegraphic communication or by any available means of written or mechanically printed communication at any time prior to the scheduled closing time, provided such communication is received by the Owner at the City of League City’s

Purchasing Office prior to the deadline set for receipt of bids and provided further that if written confirmation of the modification, over the actual signature of the bidder, has not been delivered into the hands of the Owner prior to the closing time, the Owner is satisfied that such written confirmation, over the actual signature of the bidder, was mailed prior to the closing time as determined from an examination of the postmark. If signed written confirmation is not received within two (2) days from the closing time, no consideration shall be given to such modification. Receipt of a bid modification by any other employee, office or division of the Owner shall not constitute receipt by the Owner, and it shall be the sole responsibility of the bidder to verify or confirm that any such modification has in fact been received by the City of League City’s Purchasing Office prior to the deadline.

13. WITHDRAWAL OF BID

At any time prior to the time set for opening of the bids, a bid proposal may be withdrawn by submitting a written request to do so to the person who holds the bid.

14. REJECTION OF IRREGULAR OR IMPROPER BID

Any bid which contains any omission, alteration, erasure, addition or change of any nature, or which does not include prices for each and every bid item (excluding optional items) may, at the option of Owner, be deemed irregular. In order for any such bid to be considered, any alteration, erasure or other change must be initialed by the bidder prior to submission of the bid. In addition, any bid in which the prices are obviously unbalanced or which fails in any manner to conform to the bidding procedures as set forth may be considered irregular. Any bid proposal which is deemed irregular may be rejected and returned to the bidder without being considered.

Further, any proposal containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered.

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15. OWNER’S RIGHT TO REQUIRE ADDITIONAL INFORMATION

The Owner reserves the right, after the bids have been opened and before the contract has been awarded, to conduct such investigations as the Owner deems necessary to assist in the evaluation of the bids and to establish the responsibility, qualifications and financial ability of bidders, proposed subcontractors, suppliers and other persons and organizations to perform the work in accordance with the Contract Documents; and to require of a bidder additional information to aid in the evaluation of the bid and the bidders qualifications including but not limited to the following information:

(a) The experience record of the bidder and key subcontractors, suppliers and other persons showing completed jobs of similar scope and work requirements to the one covered by the proposed Contract and all work in progress with bond amounts and percentage completed;

(b) A sworn statement of the current financial condition of the bidder, key subcontractors and suppliers

(c) An equipment schedule.

16. AWARD OF CONTRACT

(a) Unless all bids are rejected, the Owner will award the Contract as promptly as possible, consistent with the time required for a thorough analysis of the bids submitted. However, the Owner reserves the right to delay award for ninety (90) days after receipt of bids. If no award is made within ninety (90) days after receipt of bids, a bidder may withdraw his bid without prejudice to himself by submitting a written request for its withdrawal to the person who holds the bid. The contract will be awarded to the lowest responsible, responsive bidder whose evaluation by Owner indicates to Owner that the award will be in the best interest of the project. The Contract will be awarded on the basis of all factors that are available to be judged by the Owner and deemed by the Owner to be of the greatest advantage to it, considering the type of work involved, the length of duration thereof, the elements of the bid, history and performance of bidders in previous jobs and other factors as shall be determined by the Owner. Each bidder agrees to waive any claim it has or may have against the Owner, the Engineer, and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any bid. The Owner reserves the right to reject any or all bids and to waive bid irregularities as the interest of the Owner may require. Also, the Owner reserves the right to reject the bid of any bidder if the Owner believes that it would not be in the best interest of the Project to make an award to that bidder, whether because the bid is not responsive or the bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the Owner. Discrepancies in 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 there of will be resolved in favor of the correct sums.

The amount of experience on projects similar in type, size and complexity as this project which the bidders and key subcontractors have and the degree of success on such projects may affect the award.

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It is the Owner’s desire that the successful bidder and his key subcontractors be qualified and experienced in providing successful projects; that such successful bidder and key subcontractors have recent successful experience on several projects of similar size and nature as this project.

(b) The City may not execute the contract until it has received from the Bidder a completed, signed, TEC Form 1295 complete with a certificate number assigned by the Texas Ethics

Commission (“TEC”), pursuant to Texas Government Code § 2252.908 and the rules promulgated thereunder by the TEC. The Bidder understands that failure to provide said form complete with a certificate number assigned by the TEC will prohibit the City from executing the final contract.

17. CONTRACT SECURITY

When the Successful Bidder delivers the executed Standard Form of Agreement to Owner, it must be accompanied by the PERFORMANCE, PAYMENT, and MAINTENANCE

BONDS required by the Contract Documents. Bonds may be on the forms provided herein or an equal form containing no substantive changes, as determined by Owner. Bonds must be in the amount of 100% of the total contract price, from a surety company holding a permit from the State of Texas to act as surety. The surety company must have a minimum Best Key

Rating of “B”, or if the surety company does not have such a rating due to the length of time it has existed, the surety company must be eligible to participate in the surety bond guarantee program of the Small Business Administration and must be an approved surety listed in the current U.S. Department of Treasury Circular 570, and must meet all of the related rules and regulations of the Treasury Department. The surety company and the agency or agent issuing the PAYMENT, PERFORMANCE, and MAINTENANCE BONDS must be authorized to issue and sign PAYMENT, PERFORMANCE, and MAINTENANCE BONDS in Texas in an amount equal to, or greater than, the total Contract price.

18. BOUND COPIES OF CONTRACT DOCUMENTS

The Agreement, Bonds and all related contract documents will be prepared and signed in not less than five (5) multiple original counterparts. Each set of contract documents shall be bound and shall include the following:

(a) Notice to Bidders;

(b) General Instructions to Bidders;

(c) Subcontractors and Major Suppliers Form

(d) Bid Proposal;

(e) House Bill 89 Verification Document

(f) Public Information Act Form

(g) Performance, Payment and One Year Maintenance Bonds;

(h) Standard Form of Agreement;

(i) General Conditions of Agreements;

(j) Special Conditions;

(k) Technical Specifications (including plans and drawings),

(l) Insurance Certificates;

(m) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders.

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The Owner will furnish the Contractor with three (3) sets of conforming contract documents, technical specifications and plans free of charge. Additional sets, if needed, can be obtained from the ENGINEER at the amount indicated in the Notice to Bidders. Plans and specifications for use during construction will only be furnished directly to the Contractor.

The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others as required for proper prosecution of the work contemplated by the

Contractor.

19. TEXAS STATE SALES TAX

This Contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Tex. Tax Code §§ 151.301, 151.307, 151.309 and 151.311.

The Contractor must obtain a limited sales, excise and use tax permit or exemption certificate which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase.

20. INSURANCE

The Contractor shall not commence work under this Contract until he has obtained all insurance as required in the General Conditions of Agreement, set forth in the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the Owner. Proof of coverage shall be furnished to the Owner and written notice of cancellation or any material change shall be provided to the Owner not less than thirty (30) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation.

The insurance certificates furnished shall name the Owner, the Engineer, their agents and employees, as an additional insured and shall further state that all subcontractors are named as additional insured or, in the alternative, shall be accompanied by a statement from the

Contractor to the effect that no work on this particular project shall be subcontracted.

21. CONTRACTOR'S REPRESENTATIVE

The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this Contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this Contract is in progress.

22. TIME AND ORDER FOR COMPLETION

The CONTRACTOR will determine the number of calendar days to achieve Substantial

Completion of the Work and will indicate this in the Bid Proposal, including application of topsoil and seed mix, after the date when the Contract Time began, and 30 calendar days to achieve Final Completion and meet all requirements for final payment.

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For projects with a requirement of CALENDAR DAYS TO COMPLETE PROJECT and/or

TOTAL BID AMOUNT, the City will use the sum of $240.00 as the monetary value of a calendar day.

Bidders should be aware that the evaluation for the award may consider the number of days bid. The difference in the number of calendar days bid will be multiplied by the above stipulated calendar day value and added to each bidder’s base bid. This is also sometimes referred to as ‘A+B’ bidding.

Bidders should be aware that the OWNER expects timely completion of the contract within the timeframe indicated by the bidder in their bid. Consequently, bidders should be aware that the above stipulated value of a calendar day will be applied by the OWNER as liquidated damages for each calendar day the project is delayed in completion.

The CONTRACTOR will be permitted to prosecute the work in the order of his own choosing unless stated otherwise in the Contract Documents, provided, however, the

OWNER reserves the right to require the CONTRACTOR to submit a progress schedule of the work contemplated by the contract documents. In the event the OWNER requires a progress schedule to be submitted and it is determined by the OWNER that the progress of the work is not in accordance with such schedule, the OWNER may direct the

CONTRACTOR to take such action as the OWNER deems necessary to insure completion of the project within the time specified.

23. WORKING HOURS

All construction work under this contract shall be performed between the hours of 7:00 a.m.

and 6:00 p.m., Monday through Friday unless specific authorization is granted by the project representative after obtaining Owner’s concurrence, or unless extension of working hours is necessary either to avoid lengthy interruption of utility service to the Owner’s customers, or due to an emergency situation.

Construction work under this Contract requiring an on-site project representative will not be performed on weekends or holidays unless the following conditions exist:

(a) The project being constructed is essential to the Owner's ability to provide the necessary service to its citizens; or

(b) Delays in construction are due to factors outside the control of the Contractor. The

Contractor is approaching the penalty provisions of the Contract and can show that he has made a diligent effort to complete the Contract within the allotted time.

Before construction work requiring an on-site project representative is to be performed on weekends or holidays, the Contractor must notify the Owner's representative not less than three (3) full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's representative to do such work. The final decision on whether to allow construction work requiring an on-site project representative on weekends or holidays will be made by the Owner's representative in coordination with the Owner.

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When such work is permitted, Contractor shall credit the Owner $50.00/hour by change order for site representation services for work on weekends or Legal Holidays.

The Contractor will not be permitted to work on any Holidays observed by the City. The

Contractor may request a list of the official City holidays at the pre-construction conference.

Construction work requiring an on-site project representative will be any work where excavation, installation of pipes, materials, backfill or paving surface material installation is occurring and any work where investigation processes or testing processes are occurring or are required.

In any event, if a condition should occur or arise at the site of this project or from the work being done under this Contract which is hazardous or dangerous to property or life, the

Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life.

24. MATERIALS AND WORKMANSHIP

The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until completion of the project and acceptance by the Owner. The presence or absence of a representative of the

Owner on the construction site will not relieve the Contractor of full responsibility for complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project.

25. GUARANTEES

All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the

Contractor shall furnish the Owner with a Maintenance Bond which shall provide that the

Contractor shall remedy any defects in the work, at no cost to the Owner, and pay for any and all damages of any nature whatsoever resulting from such defects when such defects appear as a result of defective materials or workmanship within one (1) year from the date of final acceptance of the work.

26. PROTECTION OF THE WORK

The Contractor shall be responsible for the care, preservation, conservation and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities and all means of construction, and any and all parts of the work, whether the Contractor has been paid, partially paid or not paid for such work until the date the Owner issues its certificate of completion to the Contractor.

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27. PROTECTION OF SUBSURFACE LINES AND STRUCTURES

It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The Owner will furnish Contractor with the approximate information of

City owned utility lines of which it has knowledge. However, such fact shall not relieve the

Contractor of his responsibilities aforementioned; the location and depth of utilities shown on any drawings must be regarded as approximate, and it shall be the responsibility of the

Contractor to determine for himself the exact location and depth of any utilities which exist in the project site. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this Contract shall be repaired immediately by Contractor, at Contractor's expense, to the satisfaction of the Owner.

28. BARRICADES AND SAFETY MEASURES

The Contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary.

The Contractor will be held responsible for all damage to the work due to failure of barricades, signs and lights to protect it; and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The

Contractor's responsibility for maintenance of barricades, signs and lights shall not cease until the date of issuance to Contractor of the Owner's certificate of acceptance of the project.

The Contractor will be held responsible for all damage to the work which may occur prior to final acceptance by the Owner regardless of the adequacy of protective barricades and lighting, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense.

29. EXPLOSIVES

The use of explosives shall not be permitted.

30. PAYMENT OF EMPLOYEES

The Contractor and each of his subcontractors agree to pay all employees engaged in work on the project under this Contract in full (less mandatory legal deductions), and further agree that no such employees shall look to the Owner for payment of wages or compensation earned by reason of such work.

31. PAYMENT TO CONTRACTOR

All payments due to Contractor shall be made in accordance with the provisions of the

General Conditions of Agreement of the contract documents.

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32. AFFIDAVITS OF BILLS PAID

The Owner reserves the right, prior to final acceptance of this project or with the project’s pay estimate submitted each month, to require the Contractor to execute an affidavit certifying that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending of which the Contractor has been notified.

33. QUESTIONS

Submit questions about bidding documents to the Engineer. Inquiries are permitted until the cut-off date, and time, as indicated in the Notice to Bidders. Necessary replies will be issued to bidders of record as addenda, which become a part of the bidding documents. Oral instructions do not form a part of the bidding documents. Bidders should contact the

Engineer not less than 48 hours before bid opening to secure any addenda that may affect bidding.

34. LIST OF SUBCONTRACTORS AND MAJOR SUPPLIERS

With the bid, submit a list of subcontractors for major portions of the work and major suppliers. Give the names and addresses of the selected subcontractors and major suppliers listed in the bid proposal. Include on the list all “local” subcontractors and major suppliers.

“Local” shall be defined as those subcontractors and major suppliers whose principal business location is in Galveston County. The “Subcontractors and Major Suppliers Form” is provided at the conclusion of the “General Instructions to Bidders” section and shall be attached to Bid.

35. STATEMENT OF QUALIFICATIONS

Each bid must be accompanied by a statement of the qualifications of the Bidder to properly execute the work. No bid will be considered unless such a statement is submitted. Include in the statement of qualifications a list of ten (10) references minimum. The references shall consist of projects of similar nature, cost of the project, Owner's name, Engineer or prime contact and telephone number. The statement of qualifications shall also include the following:

• Organization available for the work contemplated on this project:

- Available Manpower Description

- Available Equipment Description

• Equipment Resources

- Provide total list of firm’s equipment

The amount of experience on projects similar in type, size and complexity as this project which the bidders and key subcontractors have and the degree of success on such projects may affect the award.

It is the Owner’s desire that the successful bidder and his key subcontractors be qualified and experienced in providing successful projects; that such successful bidder and key subcontractors have recent successful experience on several projects of similar size and nature as this project.

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36. SUPPLEMENTAL PAY ITEMS AND MINIMUM UNIT PRICE BID ITEMS

Approximate quantity and a minimum unit price have been established for certain supplemental items and for certain base bid items shown in the bid proposal section. The

Contractor may not bid a unit price less than the minimum value; however, he may increase the minimum unit price. If no entry is made in the spaces provided, the minimum unit prices shown shall apply. The supplemental pay items are included to facilitate payment for changes and alterations that may be required to complete work. The actual work as provided by the General and Special Conditions of the Agreement and Technical Specifications and as shown on Plans is described in Proposal items other than supplemental pay items. When work covered by supplemental items is requested by the Contractor and approved by Owner, payment will be based on the quantity actually constructed and unit prices bid in Proposal.

37. PRE BID CONFERENCE

The pre-bid conference is not mandatory.

38. All Bidders are required to submit the following with their bid:

a) Completed Bid Cover Sheet

b) Bid Sheet

a. Paper Copy (1 marked original, 1 marked copy)

b. 2 (ea) Electronic Copy (Vendor Name, Bid No. 26-044 - PROJECT #WW

1801K Davis Road 15-Inch Sanitary Sewer Replacement)

c) Bidder Certification and Addenda Acknowledgment, Addendum(s) if applicable

d) Financial Statements, last 12 months

e) Statement of Qualifications, to include references

f) Bid Bond

g) House Bill 89 Verification Document

h) Conflict of Interest Questionnaire

i) Public Information Act Form

j) List of Subcontractors and Major Suppliers Form

39. General Contractor must perform a minimum of 40 percent of the overall contract value.

40. DISCLOSURE OF INTERESTED PARTIES AFTER AWARD OF BID

In compliance with Texas Government Code § 2252.908, the winning bidder must submit a

Disclosure of Interested Parties (Texas Ethics Commission Form 1295) to the City at the time of contract execution. Pursuant to the rules prescribed by the Texas Ethics Commission

(TEC), Form 1295 must be completed online through the TEC’s website, where it will be assigned a certificate number. The winning bidder must print, sign, and provide to the City.

For purposes of completing the TEC Form 1295, the governmental entity’s name is City of

League City; the contract ID number and description will be provided at award. Neither the

City nor its consultants have the ability to verify the information included in Form 1295, and neither have an obligation nor undertake responsibility for advising any bidder with respect to the proper completion of the TEC Form 1295.

SUBCONTRACTORS AND MAJOR SUPPLIERS FORM

LIST OF SUBCONTRACTORS AND TYPE OF WORK TO BE PERFORMED:

1.

2.

3.

4.

LIST OF LOCAL SUBCONTRACTORS:

(PRINCIPAL BUSINESS LOCATION IN GALVESTON COUNTY)

4.

LIST OF MAJOR SUPPLIERS:

LIST OF LOCAL MAJOR SUPPLIERS:

(PRINCIPAL BUSINESS LOCATION IN GALVESTON COUNTY)

PUMP SUPPLIER:

GENERATOR SUPPLIER:

Bidder Submission Checklist

Bid submission package shall consist of the following:

Bid Cover Sheet

Proposal & Cost Sheet (If hard copy submitted: one marked original, one marked copy and two flash drives)

List of Subcontractors and Major Suppliers

Bidder Certification and Addendum Acknowledgment (If applicable)

Bid Bond (If bid submitted electronically, hard copy delivered to Purchasing before bid deadline.)

Financial Statements

Statement of Qualifications

House Bill 89

Public Information Act Form

Conflict of Interest Questionnaire

Federally Required Clauses (If applicable)

Bid Coversheet

Name of Firm/Company

Agent’s Name (Please Print) Agent’s Title

Mailing Address City State Zip

Telephone Number Email Address

Authorized Signature Date

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BID PROPOSAL

BID FOR UNIT PRICE CONTRACT

DATE:

Proposal of

(Hereinafter called "Bidder")

TO: THE HONORABLE MAYOR AND CITY COUNCIL MEMBERS

CITY OF LEAGUE CITY, TEXAS

(Hereinafter called "OWNER")

The Bidder, in compliance with your invitation for bids for the construction of:

Project # WW 1801K having carefully examined the plans, specifications, instructions to bidders, invitation to bid and all other related contract documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials and supplies and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the prices stated in Exhibit "A" attached hereto.

The Bidder binds himself, upon acceptance of his proposal, to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated in Exhibit "A" of this proposal.

The bidder understands that, the OWNER will use $240.00 as the monetary value of a calendar day and the number of days bid as grading criteria for award.

Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the OWNER and to substantially complete, within the calendar days specified in this proposal, after the date of the written notice to commence work subject to such extensions of time as are provided by the General and Special Conditions. The work proposed to be done shall be accepted when fully completed and finished in accordance with the plans and specifications. Bidder hereby further agrees to pay to OWNER as liquidated damages, the above stipulated amount for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the General Conditions of the contract documents.

The following unit prices are bid and shall be complete compensation as measured in place for all materials, labor, overhead, profits, and any other cost that is necessary to complete the job to the

Engineer’s specifications and satisfaction. It is also understood that the quantities shown are only an

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estimate of the work to be done. No re-negotiation of prices bid will be made for over runs or under runs of quantities.

Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with the General Instructions to Bidders.

Bidder understands that the OWNER reserves the right to reject any or all bids, use deductible bid items and to waive any formality in the bidding.

Bidder agrees that this bid shall be good and may not be withdrawn for a period of ninety (90) calendar days after the scheduled closing time for receiving bids.

The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed and to substantially complete the work on which he has bid, as provided in the contract documents. It is understood that the quantities shown are only an estimate of the work to be done.

No re-negotiation of prices bid will be made for overruns or underruns of quantities.

Enclosed with this proposal is a cashier’s check or certified check for

Dollars ($ ) or a bid bond in the sum of ($ ), as which it is agreed shall be collected and retained by the OWNER as liquidated damages in the event the proposal is accepted by the OWNER and the undersigned fails to execute the necessary contract documents and the required bonds (if any) with the OWNER within ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise said check or bond shall be returned to the undersigned upon demand.

Unit Prices are to be shown in Figures. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum there of will be resolved in favor of the correct sum.

The unit prices shall include all labor, materials, dewatering, shoring, removal, overhead, incidental costs, fees, profit, insurance, etc., to cover the finished work of the several kinds called for.

Bidder understands and agrees that the contract to be executed by Bidder shall be bound and includes all contract documents made available to him for his inspection in accordance with the

Notice to Bidders.

Bid No. 26-044 BP - 3

(Exhibit A)

In submitting this bid proposal, I agree to substantially complete the work within____ days from the date specified in the written “Notice to Proceed” and to achieve final completion within 30 calendar days of Substantial Completion.

The following items shall include all of the labor, equipment, and materials necessary for construction of Davis Road 15-Inch Sanitary Sewer Replacement as shown on the plans and described in the specifications for the project.

Item

No.

Description Unit Est. Qty. Unit price Total

BASE BID ITEMS:

Mobilization, Bonds & Insurance (Max 4% of

Entire Contract).

Reference City Specification 01 70 00

(Mobilization & Remobilization)

L.S.

Remove and Replace Existing 15-inch sanitary sewer by Pipe Bursting, complete in place the sum of:

L.F.

Bypass Pumping, including all pumps, piping, valves, connections, electrical instrumentation, personnel, autodialer, controls, to provide temporary wastewater bypass operations, complete in place the sum of:

Remove & Replace Existing Sanitary Sewer with fused HDPE by Open Cut, complete in place the sum of:

L.F.

5.

Rehabilitate Existing 5-foot Diameter Manhole, including interior cleaning, surface preparation, removal of debris, restoration of bench and invert as required, application of Warren

Epoxy wet lining system, and all labor materials, equipment, testing, and incidentals necessary for a complete installation in place.

Ea.

6.

Remove & Replace Concrete Roadway, complete in place the sum of:

176 S.Y.

7.

Connect to existing wet well, complete in place the sum of:

1 Ea.

8.

Furnish, Install, & Maintain…