25-170 Addendum 1 - 20250331_Traffic Signal FM1626 and OBCR_BidManual.pdf

CITY OF BUDA

TEXAS

PROJECT SOLICITATION DOCUMENTS

IFB # FY25-170

OLD BLACK COLONY AND FM1626 SIGNAL

CSJ: 1539-01-020

State Project #: CC 1539-1-20

Highway: FM 1626

Limits From/To: at Old Black Colony Rd

1/10/2025

Titles and Certifications

Engineer Austin M. Messerli, P.E.

03/04/2025

Page 1 of 2 Table of Contents

CITY OF BUDA, TEXAS

PROJECT CONSTRUCTION MANUAL

TABLE OF CONTENTS

FM 1626 AT OLD BLACK COLONY RD RECONSTRUCTION

CSJ: 1539-01-020

Document Number Title

1. CONTRACT DOCUMENTS

00 52 13 Agreement 00 41 13 Bid Form 00 43 13 Bid Bond 00 61 13 Performance Bond 00 61 14 Payment Bond Maintenance Bond 00 62 16 Certificate of Liability Insurance (ACORD) 00 72 13 General Conditions 00 73 00 Supplementary Conditions 00 73 46 Prevailing Wage Rates 00 81 13 Certificate of Interested Parties (Form 1295)

Division 01 – General Requirements 01010 Summary of Work 01050 Grades Lines and Levels 01095 Reference Standards and Definitions 01200 Project Meetings 01300 Submittals 01380 Construction Photographs 01400 Quality Control Services 01500 Temporary Facilities 01505 Construction and Demolition Waste Management 01550 Public Safety and Convenience

A. Technical Specifications

Series 1-10 - General Requirements & Covenants 001L Abbreviations and Definitions 002L Instructions to Bidders 003L Award and Execution of Contract 004L Scope of Work 005L Control of the Work 006L Control of Materials 007L Legal Relations and Responsibilities 008L Prosecution and Progress 009L Measurement and Payment

Series 100 – Earthwork and Landscape 100 Preparing Right of Way (103, 752)

Series 400 – Structures 416 Drilled Shaft Foundations (405, 420, 421, 423, 440, 448)

Page 2 of 2 Table of Contents

Series 500 – Miscellaneous Construction 500 Mobilization 502 Barricades, Signs, and Traffic Handling (503, 505, 510)

503 Portable Changeable Message Sign 505 Truck-Mounted Attenuator (TMA) and Trailer Attenuator (TA)

Series 600 – Lighting, Signing, Markings, and Signals 618 Conduit (400, 445, 476) 620 Electrical Conductors (610, 628) 624 Ground Boxes (420, 421, 432, 440, 618, 620)

628 Electrical Services (441, 445, 449, 618, 620, 627, 656)

644 Small Roadside Sign Assemblies (421, 440, 441, 442, 445, 636, 656)

666 Retroreflectorized Pavement Markings (316, 502, 667, 677, 678)

672 Raised Pavement Markers (677, 678)

677 Eliminating Existing Pavement Markings and Markers (300, 302, 315, 316)

678 Pavement Surface Preparation for Markings (677) 680 Highway Traffic Signals (416, 450, 531, 610, 618, 620, 621, 624, 625, 628, 636, 656, 682, 684, 685, 686, 687, 688)

682 Vehicle and Pedestrian Signal Heads 684 Traffic Signal Cables (625, 680, 690) 686 Traffic Signal Pole Assemblies (416, 421, 441, 442, 445, 449, 610, 613, 614, 650, 654)

Special Provisions Child Support Statement SP000-001L Nondiscrimination SP000-005L Special Labor Provisions for State Projects SP000-018L Schedule of liquidated damages SP000-019L Small Business Enterprise in State-Funded Projects SP506-001L Temporary Erosion, Sedimentation, and Environmental controls

Special Specifications

6005 Networking Intelligent Transportation System (ITS) Communications Cable

6007 Battery Back-Up System for Signal Cabinets 6008 Radar Vehicle Detection System for Signalized Intersection Control

6018 Digital Closed-Circuit Television (CCTV) Field Equipment

B. Drawings

C. Addenda (when issued)

2. APPENDICES

Appendix 1 Example Documents Work Change Directive Change Order Field Order Contractor’s Application for Payment End

EJCDC® C-520, (Rev.1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price).

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 9

00 52 13 SAMPLE AGREEMENT

The successful bidder will be required to sign this agreement

FY25-XXX

[Project Name]

This AGREEMENT is by and between the City of Buda, a Texas municipal corporation (“City”) and

CONTRACTOR (“Contractor”), collectively sometimes referred to herein as “the parties.” Owner and

Contractor hereby agree as follows:

ARTICLE 1 – WORK

1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents, attached hereto and incorporated herein for all purposes.

ARTICLE 2 – THE PROJECT

2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: ______________________________________________________________________

ARTICLE 3 – ENGINEER

3.01 The part of the Project that pertains to the Work has been designed by:

[NAME AND ADDRESS OF ENGINEER]

ARTICLE 4 – CONTRACT TIMES

4.01 Time of the Essence

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

4.02 Contract Times: Days

A. The undersigned bidder agrees to commence work within ten (10) days after the date of written notice to commence work. The work will be substantially completed in ___ calendar days and final completion within ___ additional calendar days subject to the extensions of time as are provided in the General Conditions of the contract.

4.03 Liquidated Damages

1. Refer to Special Provision to Item 000.

ARTICLE 5 – CONTRACT PRICE

5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract

Documents the amounts that follow, subject to adjustment under the Contract:

A. For all Work, at the prices stated in Contractor’s Bid, attached hereto as an exhibit and incorporated herein for all purposes.

EJCDC® C-520, (Rev.1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price).

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 9

B. The contract amount may not exceed $_________ unless a change order signed by both parties is executed.

ARTICLE 6 – PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments

A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General

Conditions. Applications for Payment will be processed by Engineer as provided in the

General Conditions.

6.02 Progress Payments; Retainage

A. Owner shall make progress payments on account of the Contract Price on the basis of

Contractor’s Applications for Payment on or about the 30th day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such

Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract.

1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract:

a. Ninety-five (95) percent of Work completed (with the balance being retainage).

b. Ninety-five (95) percent of cost of materials and equipment not incorporated in the

Work (with the balance being retainage).

B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to one-hundred (100) percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less one-hundred (100) percent of Engineer’s estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment.

6.03 Final Payment

A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06.

ARTICLE 7 – INTEREST (NOT USED)

ARTICLE 8 – CONTRACTOR’S REPRESENTATIONS

8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations:

A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents.

B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site

EJCDC® C-520, (Rev.1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price).

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 9 and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary

Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings.

E. Contractor has considered the information known to Contractor itself; information commonly known to Contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the

Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor’s safety precautions and programs.

F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the

Contract Times, and in accordance with the other terms and conditions of the Contract.

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

H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.

I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

J. Contractor’s entry into this Contract constitutes an incontrovertible representation by

Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.

ARTICLE 9 – CONTRACT DOCUMENTS

9.01 Contents

A. The Contract Documents consist of the following:

1. This Agreement

2. Bid Form

3. Bid Bond

4. Performance Bond, Payment Bond, and Maintenance Bond

5. General Conditions

6. Supplementary Conditions

7. Specifications

EJCDC® C-520, (Rev.1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price).

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 9

8. Drawings (not attached but incorporated by reference)

9. Addenda

10. Exhibits to this Agreement:

a. Contractor’s Quotation through Buyboard Job Order Contract #581-19

11. The following which may be delivered or issued on or after the Effective Date of the

Contract and are not attached hereto:

a. Notice to Proceed.

b. Work Change Directives.

c. Change Orders.

d. Field Orders.

B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above).

C. There are no Contract Documents other than those listed above in this Article 9.

D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions.

E. These Contract Documents, identified above, contain the complete and exclusive understanding of the parties with respect to their subject matter. There are no understandings, agreements, promises or representations, expressed or implied, not specified in this Agreement and this instrument contains the entire agreement between the parties. Parol evidence shall not be offered by the parties or admitted as evidence in any dispute involving the terms and provisions of this Agreement.

ARTICLE 10 – MISCELLANEOUS

10.01 Terms

A. Terms used in this Agreement will have the meanings stated in the Glossary of Defined

Terms.

10.02 Assignment of Contract

A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the

Contract Documents.

10.03 Successors and Assigns

A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

10.04 Severability

A. Any provision or part of the Contract Documents held to be void or unenforceable under any

Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be

EJCDC® C-520, (Rev.1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price).

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 9 valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

10.05 Contractor’s Certifications

A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph

10.05:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of

Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

10.06 Certificate of Interested Parties

A. For contracts that require City Council approval or that is for services that would require a person to register as a lobbyist under Chapter 305 of the Government Code, the City may not accept or enter into a contract until it has received from the Contractor a completed, signed, and notarized Texas Ethics Commission (TEC) Form 1295 complete with a certificate number assigned by the (TEC), pursuant to Texas Government Code § 2252.908 and the rules promulgated thereunder by the TEC. The Contractor understands that failure to provide said form complete with a certificate number assigned by the TEC may prohibit the City from entering the Contract. Pursuant to the rules prescribed by the TEC, the TEC Form 1295 must be completed online through the TEC’s website, assigned a certificate number, printed, signed and notarized, and provided to the City. The TEC Form 1295 may accompany the bid or may be submitted separately but must be provided to the City prior to the award of the contract. Neither the City nor its consultants have the ability to verify the information included in a TEC Form 1295, and neither have an obligation nor undertake responsibility for advising any potential Contractor with respect to the proper completion of the TEC Form

1295.

10.07 Anti-Boycott Israel

A. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company, excluding a sole proprietorship, with 10 or more full-time employees for goods or services valued at $100,000 or more unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing the Contract on behalf of Contractor verifies that Contractor and its parent company, wholly owned subsidiaries, majority-owned subsidiaries and other affiliates, if any, do not boycott Israel and, to the extent the Contract is a contract for goods or services, will not boycott Israel during the term of the Contract. The foregoing verification is made solely to comply with Section 2270.002, EJCDC® C-520, (Rev.1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price).

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 9

Texas Government Code, and to the extent such Section does not contravene applicable

Federal law. As used in the foregoing verification, “boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. The signatory understands

“affiliate” to mean an entity that controls, is controlled by, or is under common control with the signatory and exists to make a profit. This section does not apply to a Contractor which is a sole proprietorship and/or which has less than 10 full-time employees. This section does not apply to a contract valued at less than $100,000.

10.08 Iran, Sudan, and Foreign Terrorist Organizations

A. The signatory executing the Contract on behalf of Contractor represents that neither

Contractor nor any of its parent company, wholly owned subsidiaries, majority-owned subsidiaries, and other affiliates is a company identified on a list prepared and maintained by the Texas Comptroller of Public Accounts under Section 2252.153 or Section 2270.0201, Texas Government Code, and posted on any of the following pages of such officer’s internet website:

https://comptroller.texas.gov/purchasing/docs/sudan-list.pdf, https://comptroller.texas.gov/purchasing/docs/iran-list.pdf, or https://comptroller.texas.gov/purchasing/docs/fto-list.pdf.

The foregoing representation is made solely to comply with Section 2252.152, Texas

Government Code, and to the extent such Section does not contravene applicable Federal law and excludes the entity and each of its parent company, wholly-owned subsidiaries, majority-owned subsidiaries, and other affiliates, if any, that the United States government has affirmatively declared to be excluded from its federal sanctions regime relating to Sudan or Iran or any federal sanctions regime relating to a foreign terrorist organization. The signatory understands “affiliate” to mean any entity that controls, is controlled by, or is under common control with the signatory and exists to make a profit.

10.09 Disclosure of Business Relationships/Affiliations; Conflicts of Interest Questionnaire

A. Contractor represents that it is in compliance with the applicable filing and disclosure requirements of Chapter 176 of the Texas Local Government Code.

10.10 Anti-Boycott of Energy Companies

A. Contractor verifies that it does not boycott energy companies and will not boycott energy companies, as those terms are defined by Chapter 2274, Government Code, as enacted by

S.B. 13, 87th Texas Legislature, regular session, during the term of this Contract. This provision excludes a company with 10 or more full-time employees and a Contract that has a value of

$100,000 or more to be paid wholly or partly from the entity’s public funds, as well as a sole proprietorship as a Contractor for purposes of this prohibition.

10.11 Nondiscrimination Against Firearm and Ammunition Industries

A. Contractor verifies that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of this Contract against a firearmentity or firearm trade association, as those terms are defined by Chapter 2274, Government Code, as enacted by SB 19, 87th Texas

Legislature, regular session.

EJCDC® C-520, (Rev.1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price).

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 9

ARTICLE 11 – PUBLIC INFORMATION

The requirements of Subchapter j, Chapter 552, Government Code, may apply to this Contract and the

Contractor agrees that the Contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter.

ARTICLE 12 – INDEPENDENT CONTRACTOR

The execution of this Contract and the rendering of services prescribed by this Contract do not change the independent status of City or the Contractor. No provision of this Contract or act of City in performance of the Contract shall be construed as making the Contractor the agent, servant or employee of City, the state of Texas or the United States government. Employees of the Contractor are subject to the exclusive control and supervision of the Contractor. The Contractor is solely responsible for employee related disputes and discrepancies, including employee payrolls and any claims arising therefrom.

ARTICLE 13 – SUBCONTRACTS AND ASSIGNMENTS

Except as may be set forth in the special provisions, the Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of this Contract or any right, title, obligation, or interest it may have therein to any third party without prior written approval of the City. The Contractor acknowledges that the City is not liable to any subcontractor or assignee of the Contractor. The Contractor shall ensure that the performance rendered under all subcontracts shall result in compliance with all the terms and provisions of this Contract as if the performance rendered was rendered by the Contractor.

Contractor shall give all required notices and comply with all laws and regulations applicable to furnishing and performance of the work. Except where otherwise expressly required by applicable law or regulation, City shall not be responsible for monitoring Contractor's compliance, or that of Contractor’s subcontractors, with any laws or regulations.

ARTICLE 14 – INVOICE PAYMENT PROVISIONS

Invoices must be sent to the following address to assure timely processing: City of Buda

Attn: Finance Department

405 E. Loop Street, Building 100

Buda, TX 78610 accountspayable@ci.buda.tx.us

ARTICLE 15 – COMPLIANCE WITH OTHER LAWS

This Contract shall be considered an executed certification that the Contractor will comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, (as amended during the Contracting period) and any orders and decrees of any court, administrative bodies or tribunals in any matter affecting laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations.

ARTICLE 16 – TERMINATION FOR CONVENIENCE OF OWNER

Owner may, with or without cause, terminate performance of the Work under this Contract or any Job

Order in whole or, from time to time, in part, if Owner determines that termination is in Owner's interest.

Owner shall effect such termination by delivering to Contractor a Notice of Termination specifying the extent of termination and the effective date.

EJCDC® C-520, (Rev.1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price).

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 of 9

ARTICLE 17 – CONFIDENTIALITY

Any provision in the Contract that attempts to prevent the City’s disclosure of information that is subject to public disclosure under federal or Texas law is invalid. (Chapter 552, Texas Government Code).

ARTICLE 18 - CONTRACTUAL LIMITATIONS PERIOD

Any provision of the Contract that establishes a limitations period that does not run against the City by law or that is shorter than two years is void. (Sections 16.061 and 16.070, Texas Civil Practice and Remedies Code)

ARTICLE 19 – SOVEREIGN IMMUNITY

Any provision of the Contract that seeks to waive the City’s immunity from suit and/or immunity from liability is void unless agreed to by specific acknowledgement of the provision within the Contract.

ARTICLE 20 – TITLES NOT RESTRICTIVE

The titles assigned to the various articles of this Contract are for convenience only. Titles shall not be considered restrictive of the subject matter of any article, or part of this Contract.

ARTICLE 21 – RIGHT TO TRIAL BY JURY

Any provision of the Contract that seeks to waive an aggrieved party’s right to trial by jury is void unless agreed to by specific acknowledgement of the provision within the Contract.

ARTICLE 22 – NOTICES

Notifications shall be sent to the Contractor to the address and point of contact as follows:

Company

Contact

Address

Phone

Email

ARTICLE 23 – FORCE MAJEURE

It is expressly understood and agreed by both parties that, if the performance of any provision of a

Contract resulting from this procurement is delayed by force majeure, defined as reason of war, civil commotion, act of god, governmental restriction, regulation or interference, fire, explosion, hurricane, flood, failure of transportation, court injunction, or any circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of the Contract to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated herein, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the period of time applicable to such requirement shall be extended for a period of time equal to the period of time such party was delayed. Each party must inform the other in writing within a reasonable time of the existence of such force majeure.

*Signatures Follow On Next Page*

EJCDC® C-520, (Rev.1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price).

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 of 9

IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is the date of last signature.

City of Buda ___________________.

Micah Grau Date Signature Date

City Manager

Printed Name

Title

ATTEST:

Alicia Ramirez, City Clerk

Agreement approved to form by Buda City Attorney on February 28, 2022:

Contract approved to form 3/31/22 by:

Cristian Rosas-Grillet

Attorney at law

Bojorquez Law Firm

11675 Jollyville Rd, Suite 300

Austin, Texas 78759

Work: (512) 250-0411

Cristian@texasmunicipallawyers.com

SECTION 00 41 13

EJCDC® C-410, Bid Form for Construction Contracts.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page ii

Page

ARTICLE 1 – Bid Recipient

ARTICLE 2 – Bidder’s Acknowledgements

ARTICLE 3 – Bidder’s Representations

ARTICLE 4 – Bidder’s Certification

ARTICLE 5 – Basis of Bid

ARTICLE 6 – Time of Completion

ARTICLE 7 – Attachments to this Bid

ARTICLE 8 – Defined Terms

ARTICLE 9 – Bid Submittal

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3

ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to:

City of Buda

405 East Loop Street, Building 100

Buda, Texas 78610

Attention: Purchasing Bid Box

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with

Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS

2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the addenda on the first page of this Bid Form.

B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by

Bidder; and (3) Bidder’s safety precautions and programs.

E. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding

Documents.

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

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4

G. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents and confirms that the written resolution thereof by Engineer is acceptable to Bidder.

H. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work.

I. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding

Documents.

ARTICLE 4 – BIDDER’S CERTIFICATION

4.01 Bidder certifies that:

A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation;

B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;

C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and

D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the e execution of the Contract.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5

ARTICLE 5 – BASIS OF BID

Note: The following bid sheets are to be completed and included in your bid response.

No. Bid Item Description Quantity Unit Unit Price Cost

1 0100-7002 PREPARING ROW 2 STA -$

2 0416-7043 DRILL SHAFT (TRF SIG POLE) (30 IN) 11 LF -$

3 0416-7044 DRILL SHAFT (TRF SIG POLE) (36 IN) 13 LF -$

4 0416-7046 DRILL SHAFT (TRF SIG POLE) (48 IN) 22 LF -$

5 0502-7001 BARRICADES, SIGNS AND TRAFFIC HANDLING 4 MO -$

6 0503-7001 PORTABLE CHANGEABLE MESSAGE SIGN 21 DAY -$

7 0505-7001 TMA (STATIONARY) 5 DAY -$

8 0505-7003 TMA (MOBILE OPERATION) 1 DAY -$

9 0618-7054 CONDT (PVC) (SCH 80) (2") 130 LF -$

10 0618-7060 CONDT (PVC) (SCH 80) (3") 170 LF -$

11 0618-7061 CONDT (PVC) (SCH 80) (3") (BORE) 960 LF -$

12 0620-7007 ELEC CONDR (NO.8) BARE 1,225 LF -$

13 0620-7008 ELEC CONDR (NO.8) INSULATED 1,145 LF -$

14 0620-7009 ELEC CONDR (NO.6) BARE 35 LF -$

15 0620-7010 ELEC CONDR (NO.6) INSULATED 70 LF -$

16 0624-7008 GROUND BOX TY D (162922)W/APRON 4 EA -$

17 0628-7169 ELC SRV TY D 120/240 070(NS)AL(E)SP(O) 1 EA -$

18 0644-7001 IN SM RD SN SUP&AM TY10BWG(1)SA(P) 1 EA -$

19 0644-7004 IN SM RD SN SUP&AM TY10BWG(1)SA(T) 1 EA -$

20 0644-7073 REMOVE SM RD SN SUP&AM 1 EA -$

21 0666-7024 REFL PAV MRK TY I (W)8"(SLD)(100MIL) 505 LF -$

22 0666-7036 REFL PAV MRK TY I (W)24"(SLD)(100MIL) 62 LF -$

23 0666-7042 REFL PAV MRK TY I (W)(ARROW)(100MIL) 2 EA -$

24 0666-7066 REFL PAV MRK TY I (W)(WORD)(100MIL) 2 EA -$

25 0666-7132 REFL PAV MRK TY I(Y)(MED NOSE)(100MIL) 3 EA -$

26 0666-7347 PAVEMENT SEALER 6" 1,653 LF -$

27 0666-7348 PAVEMENT SEALER 8" 505 LF -$

28 0666-7352 PAVEMENT SEALER 24" 62 LF -$

29 0666-7353 PAVEMENT SEALER (ARROW) 2 EA -$

30 0666-7354 PAVEMENT SEALER (WORD) 2 EA -$

31 0666-7355 PAVEMENT SEALER (MED NOSE) 3 EA -$

32 0666-7423 REFL PAV MRK TY I (Y)6"(SLD)(100MIL) 1,653 LF -$

33 0672-7002 REFL PAV MRKR TY I-C 26 EA -$

34 0672-7004 REFL PAV MRKR TY II-A-A 124 EA -$

35 0677-7001 ELIM EXT PAV MRK & MRKS (4") 1698 LF -$

36 0678-7002 PAV SURF PREP FOR MRK (6") 1653 LF -$

37 0678-7004 PAV SURF PREP FOR MRK (8") 505 LF -$

38 0678-7008 PAV SURF PREP FOR MRK (24") 62 LF -$

39 0678-7009 PAV SURF PREP FOR MRK (ARROW) 2 EA -$

40 0678-7016 PAV SURF PREP FOR MRK (WORD) 2 EA -$

41 0678-7024 PAV SURF PREP FOR MRK (MED NOSE) 3 EA -$

42 0678-7033 PAV SURF PREP FOR MRK (RPM) 150 EA -$

43 0680-7002 INSTALL HWY TRF SIG (ISOLATED) 1 EA -$

44 0682-7001 VEH SIG SEC (12")LED(GRN) 6 EA -$

45 0682-7002 VEH SIG SEC (12")LED(GRN ARW) 1 EA -$

46 0682-7003 VEH SIG SEC (12")LED(YEL) 6 EA -$

47 0682-7004 VEH SIG SEC (12")LED(YEL ARW) 2 EA -$

48 0682-7005 VEH SIG SEC (12")LED(RED) 6 EA -$

49 0682-7006 VEH SIG SEC (12")LED(RED ARW) 1 EA -$

50 0682-7037 BACKPLATE W/REFL BRDR(4 SEC) 1 EA -$

51 0682-7054 BACKPLATE W/REFL BRDR(3 SEC) 6 EA -$

52 0684-7031 TRF SIG CBL (TY A)(14 AWG)(5 CONDR) 1400 LF -$

53 0684-7033 TRF SIG CBL (TY A)(14 AWG)(7 CONDR) 350 LF -$

54 0686-7035 INS TRF SIG PL AM(S)1 ARM(32')LUM 1 EA -$

55 0686-7051 INS TRF SIG PL AM(S)1 ARM(48')LUM 1 EA -$

56 0686-7059 INS TRF SIG PL AM(S)1 ARM(55')LUM 1 EA -$

57 6005-7001 ITS COM CBL (ETHERNET) 100 LF -$

58 6007-7001 BBU SYSTEM (EXTERNAL BATT CABINET) 1 EA -$

59 6008-7001 RVDS (PRESENCE DETECTION ONLY) 3 EA -$

60 6008-7002 RVDS (ADVANCE DETECTION ONLY) 2 EA -$

61 0500-7001 MOBILIZATION 1 LS -$

Bid Total -$

CITY IS NOT RESPONSIBLE FOR FORMULAS OR CALCULATIONS PERFORMED IN OR ON THE BID FORM

City of Buda Old Black Colony Rd and FM1626 Signal Project Bid Form

Version: March 31, 2025

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7

Total Bid, for the Sum of (words):

dollars and cents.

Bidder acknowledges that (1) each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor’s overhead and profit for each separately identified item, and (2) estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents.

Total Bid for the Sum of Price (numerals) $

Bonds required under Paragraph 6.01 of the General Conditions will be based on the Contract Price.

ARTICLE 6 – TIME OF COMPLETION

6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.

6.02 Bidder accepts the provisions of the Agreement as to liquidated damages.

ARTICLE 7 – ATTACHMENTS TO THIS BID

7.01 The following documents are submitted with and made a condition of this Bid:

A. Required Bid Bond;

B. List of Proposed Subcontractors;

C. List of Proposed Suppliers;

D. Executed Section Attachments I, II, IV, and V;

E. Current Certificate of Liability and Workers Compensation Insurance.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8

ATTACHMENT I:

HOUSE BILL 89 VERIFICATION (REVISED)

I, , [Person Name] the undersigned representative of

[Company or Business Name] (hereafter referred to as Company) being an adult over the age of eighteen (18) years of age, does hereby depose and verify that the Company named above, under the provisions of Texas Government Code Chapter 2271:

1. Does not currently boycott the country of Israel; and

2. Will not boycott the country of Israel during the term of the contract with City of Buda, Texas.

Pursuant to Section 2270.001, Texas Government Code:

1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and

2. “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit.

3. Pursuant to Section 2270.002 of the Texas Government Code, Respondent certifies that either

a. it meets an exemption criterion under Section 2270.002; or

b. it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation.

Respondent shall state any facts that make it exempt from the boycott certification in its Response. (HB 793 –exemptions).

EXEMPTIONS APPLY TO THE FOLLOWING:

A. Contract between a governmental entity and a company with less than 10 full-time employees

B. Contract has a value of less than $100,000 paid wholly or partly from public funds of the governmental entity

Signature: Date:

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ATTACHMENT II:

CONFLICT OF INTEREST

QUESTIONNAIRE

ATTACHMENT IV:

DISCLOSURE OF BUSINESS RELATIONSHIPS WITH IRAN, SUDAN, OR A FOREIGN

TERRORIST ORGANIZATION

Texas S.B. 252 (Effective 9/1/2017): provides that (1) the City may not enter into a governmental contract with a Provider that is identified on a list prepared and maintained by the comptroller and that does business with Iran, Sudan, or a foreign terrorist organization; and (2) a company that the United States government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, its federal sanctions regime relating to Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to contract prohibition under this subchapter.

By signing below, Offeror acknowledges that it has read and understands that it does not appear on the list maintained by the Texas Comptroller of Public Accounts.

Name of Offeror: ______________________________________________________________________

Signature of Authorized Representative: ___________________________________________________

Date:

ATTACHMENT V:

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 8 – DEFINED TERMS

8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Glossary of

Defined Terms.

ARTICLE 9 – BID SUBMITTAL

BIDDER: [Indicate correct name of bidding entity]

By:

[Signature]

[Printed name]

Bidder’s License No.:

(where applicable)

SECTION 00 61 13

PERFORMANCE BOND

CONTRACTOR (name and address):

SURETY (name and address of principal place of business):

OWNER (name and address):

CONSTRUCTION CONTRACT

Effective Date of the Agreement:

Amount:

Description (name and location):

BOND

Bond Number:

Date (not earlier than the Effective Date of the Agreement of the Construction Contract):

Amount:

Modifications to this Bond Form: None See Paragraph 16

Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative.

CONTRACTOR AS PRINCIPAL SURETY

(seal) (seal) Contractor’s Name and Corporate Seal Surety’s Name and Corporate Seal

By: By:

Signature Signature (attach power of attorney)

Print Name Print Name

Title Title

Attest: Attest:

Signature Signature

Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

EJCDC® C-610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 3

1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference.

2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3.

3. If there is no Owner Default under the Construction Contract, the Surety’s obligation under this Bond shall arise after:

3.1 The Owner first provides notice to the Contractor and

the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor’s performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner’s notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) business days of the Surety’s receipt of the Owner’s notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner’s right, if any, subsequently to declare a Contractor Default;

3.2 The Owner declares a Contractor Default, terminates

the Construction Contract and notifies the Surety; and

3.3 The Owner has agreed to pay the Balance of the

Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.

4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply with a condition precedent to the Surety’s obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice.

5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety’s expense take one of the following actions:

5.1 Arrange for the Contractor, with the consent of the

Owner, to perform and complete the Construction Contract;

5.2 Undertake to perform and complete the Construction

Contract itself, through its agents or independent contractors;

5.3 Obtain bids or negotiated proposals from qualified

contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the

Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or

5.4 Waive its right to perform and complete, arrange for

completion, or obtain a new contractor, and with reasonable promptness under the circumstances:

5.4.1 After investigation, determine the amount for

which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or

5.4.2 Deny liability in whole or in part and notify the

Owner, citing the reasons for denial.

6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner.

7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for:

7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract;

7.2 additional legal, design professional, and delay costs resulting from the Contractor’s Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and

7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the…