McLennan County, Texas

Project Manual

Bid 26-006

Thompson Road Bridge Replacement

April 2026

Section Title No. of Pages

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 01 10 Table of Contents…

PROCUREMENT REQUIREMENTS

00 11 16 Invitation for Bids… 00 21 15 Instructions to Bidders… 00 41 43 Bid Form… 00 42 43 Bid Bond…

Required County Forms Conflict of Interest… Suspension and Debarment… Certificate of Interested Parties… Certification Required by Texas Government Code Section 2252.151… Certification Required by Texas Government Code Section 2271.002… Certification Required by Texas Government Code Section 2274… Certification Required by Texas Government Code Section 2275…

CONTRACTING REQUIREMENTS

00 45 00 Notice of Award… 00 46 00 Notice to Proceed… 00 52 15 Standard Form of Agreement… 00 61 00 Performance Bond… 00 61 50 Payment Bond… 00 72 15 General Conditions… 00 73 13 Supplementary Conditions… 00 91 13 Addenda…

Non-Collusion Affidavit… Wage Rates… Sample Forms

Work Change Directive… Field Order… Change Order… Contractor's Application for Payment… Certificate of Substantial Completion…

Technical Specifications No. of Pages

TECHNICAL SPECIFICATIONS

01 10 00 ROADWAY DESIGN AND CONSTRUCTION REQUIREMENTS 14

Contractor will abide by the USACE Nationwide Permit 14 conditions

END TABLE OF CONTENTS

TEXAS DEPARTMENT OF TRANSPORTATION (TxDOT) STANDARD SPECIFICATIONS

The Texas Department of Transportation "Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges," 2024 Edition, is incorporated herein by reference for all intents and purposes. If a standard specified in that document conflict with a standard included within a bid specifications document, the standard in the bid specifications document controls. If the standards is still unclear, the Engineer will determine which standards controls and his determination shall be final.

Invitation for Bids

BGE Std. 2018 - Public I - 1

Attention: Pursuant to Texas Government Code § 2252.908, unless you are a publicly traded entity or a wholly owned subsidiary of same, you must be able to provide McLennan County (the "County") with printed and signed copies of a completed disclosure of interested parties form (Form 1295) and a certificate of filling at the time of the County's execution of the contract. Failure to do so will result in the County's inability to execute the contract. To complete the disclosure of interested parties form, or for further information, please visit the Texas Ethics Commission's website at https://www.ethics.state.tx.us

Date: March 18, 2026

INVITATION TO BIDDERS

Sealed bids, in duplicate, addressed to McLennan County, will be received at the office of Ken Bass, McLennan County Purchasing Department 214 N. 5th Street, Waco, TX 76701 until 2:00 PM Local Time, May 28, 2026, at which time all bids will be opened and publicly read at the office of McLennan County for the furnishing of all material, equipment, labor and supervision necessary or incidental to “Bid 26-006- Thompson Road Bridge Replacement McLennan County, Texas” Please clearly mark sealed bid with name, address, and bid number. If unable to attend the bid opening in person, bidder may request a recap of bids by sending an email request. Scope of Project:

1. Work consisting of realigning a county road facility, grading, base, replacing bridge structure, and roadway surfacing.

Bids received after the closing time will be returned unopened.

A pre-bid conference will be held on May 7, 2026, at 2:00 PM Local Time, at the construction site on Thompson Road Bridge at Big Creek. Attendance by each prospective bidder or its representative at the pre-bid conference is Strongly Encouraged. Questions accepted until May 21, 2026.

Each Bid must be accompanied by a Bid Bond or a certified or cashier’s check, acceptable to the Owner, in an amount not less than five percent (5%) of the total amount Bid, as a guarantee that the successful bidder will enter into the Contract and execute the Bonds on the forms provided, and provide the required insurance certificates within seven (7) days after the date Contract Documents are received by the Contractor.

Copies of the bid documents may be obtained on the McLennan County Website.

https://www.mclennan.gov/Bids.aspx , please send an acknowledgement that you have downloaded the bid documents with company name, contact person, phone number and email address to Ken Bass at ken.bass@mclennan.gov

The Owner reserves the right to reject any or all Bids and to waive all defects and irregularities in bidding or bidding process except time of submitting a Bid. The Successful Bidder, if any, will be the responsible Bidder which in the Commissioners’ judgment will be most advantageous to the County and result in the best and most economical completion of the Project.

Publish Dates:

Waco Tribune-Herald 1st – April 23, 2026 2nd – April 30, 2026

Instructions to Bidders

BGE Std. 2018 – Public II - 1

INSTRUCTIONS TO BIDDERS

ARTICLE 25 – DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

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

B. Owner - the Owner is understood to be McLennan County. Funding for the project will be provided in accordance with the terms and conditions described in the Agreement or the Special Conditions of Agreement.

ARTICLE 26 – COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents may be viewed at the Issuing Office or obtained at McLennan County Website: https://www.mclennan.gov/Bids.aspx

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

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

ARTICLE 27 – QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, after submitting its Bid and within five (5) days of Owner’s request, Bidder shall submit (a) written evidence establishing its qualifications such as financial data, previous experience, and present commitments, and (b) the following additional information:

A. Evidence of Bidder’s authority to do business in the state of Texas.

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

C. Subcontractor and Supplier qualification information; coordinate with provisions of

Article 12 of these Instructions, “Subcontractors, Suppliers, and Others.”

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

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

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

BGE Std. 2018 – Public II - 2

ARTICLE 28 – SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF

SITE; OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE

4.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor.

Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

4.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify:

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

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

c. reports and drawings known to Owner relating to Hazardous Environmental

Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

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

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

B. Underground Facilities: Information and data shown or indicated in the Bidding

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

C. Adequacy of Data: Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding

BGE Std. 2018 – Public II - 3

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

4.03 Site Visit and Testing by Bidders

A. Bidder shall conduct the required Site visit during normal working hours, and shall not disturb any ongoing operations at the Site.

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

C. Bidder shall contact Engineer for information regarding access to the Site.

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

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

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

4.04 Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. As the

General Conditions indicate, if an Owner safety program exists, it will be noted in the Supplementary Conditions.

4.05 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will

BGE Std. 2018 – Public II - 4 provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

ARTICLE 29 – BIDDER’S REPRESENTATIONS

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

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

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

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

C. consider the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs;

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

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

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

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

H. agree that the submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

BGE Std. 2018 – Public II - 5

ARTICLE 30 – PRE-BID CONFERENCE

6.01 A Pre-Bid conference will be held at the time and location stated in the Invitation or advertisement to bid. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are strongly encouraged to attend and participate in the conference.

Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.

ARTICLE 31 – INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to the Assistant County Engineer through email at jake.holden@mclennan.gov Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda to all parties recorded as being a plan holder.

Questions received less than 72 hours prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.02 Addenda may be issued to clarify, correct, supplement, or change the Bidding Documents.

Addenda will be sent directly to those that have acknowledged the download of the bid.

But Periodically check the McLennan County Website, Addenda will be posted there was well.

ARTICLE 32 – BID SECURITY

8.01 Each Bid must be accompanied by Bid security made payable to Owner in an amount no less than five percent (5%) of Bidder’s total amount bid and in the form of a certified check, bank money order, or a Bid bond issued by a surety meeting the requirements of Paragraph 6.01 of the General Conditions.

8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 7 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults.

8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Contract or sixty-first (61st) day after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within 7 days after the Bid opening.

BGE Std. 2018 – Public II - 6

ARTICLE 33 – CONTRACT TIMES

9.01 The number of days (calendar days) within which, or the dates by which, the Work is to be completed and ready for final payment, are set forth in the Agreement (or incorporated therein by reference to the attached Bid Form).

ARTICLE 34 – LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, are set forth in the Agreement.

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, and those “or-equal” or substitute of materials and equipment subsequently approved by Engineer prior to submittal of Bids and identified by Addendum. No item of material or equipment will be considered by Engineer as an “or-equal” or substitute unless written request for approval has been submitted by Bidder and has been received 72 hours prior to date for receipt of Bids. Each such request shall comply with the requirements of Paragraphs 7.04 and 7.05 of the General Conditions. The burden of proof of merit of the proposed item is upon Bidder.

Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any such proposed item, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner.

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

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 A Bidder shall be prepared to retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of the Work if required by the Bidding Documents (most commonly in the Specifications) to do so. If a prospective Bidder objects to retaining any such Subcontractor, Supplier, or other individual or entity, and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid.

12.02 Subsequent to the submittal of the Bid, Owner may not require the Successful Bidder or

Contractor to retain any Subcontractor, Supplier, or other individual or entity against which Contractor has reasonable objection.

12.03 Bidders are required to disclose their list of the Subcontractors or Suppliers proposed for any part of the work.

12.04 If requested by Owner, Successful Bidder shall provide experience with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, or other individual or entity. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, BGE Std. 2018 – Public II - 7 individual, or entity, Owner may request apparent Successful Bidder to submit an acceptable substitute without an increase in price.

12.05 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next most qualified, responsible, and responsive Bidder that proposes to use acceptable Subcontractors, Suppliers, or other individuals or entities. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions.

ARTICLE 13 – PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink.

Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, bid item, alternate, adjustment unit price item, and unit price item listed therein.

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

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

13.03 A Bid by a partnership shall be executed in the partnership name and signed by a partner

(whose title must appear under the signature), accompanied by evidence of authority to sign. The partnership’s address for receiving notices shall be shown.

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

13.05 A Bid by an individual shall show the Bidder’s name and address for receiving notices.

13.06 A Bid by a joint venture shall be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture’s address for receiving notices shall be shown.

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

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

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

BGE Std. 2018 – Public II - 8

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

ARTICLE 14 – BASIS OF BID

14.01 Lump Sum

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

14.02 Unit Price

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

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

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

14.03 Allowances

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

ARTICLE 15 – SUBMITTAL OF BID

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

15.02 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be opened.

BGE Std. 2018 – Public II - 9

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

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

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

16.03 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with

Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

ARTICLE 17 – OPENING OF BIDS

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

ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but

Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

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

Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work.

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

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

19.04 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the

Bidder and may consider the qualifications and experience of Subcontractors and

BGE Std. 2018 – Public II - 10

Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

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

ARTICLE 20 – BONDS AND INSURANCE

20.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance, payment, and maintenance bonds as well as insurance requirements. When the Successful Bidder delivers the Agreement (executed by Successful Bidder) to Owner, it shall be accompanied by the required original bonds, as well as original insurance documents.

ARTICLE 21 – SIGNING OF AGREEMENT

21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within seven (7) days thereafter, Successful Bidder shall execute and deliver the required number of counterparts of the Agreement (and any bonds and insurance documentation required to be delivered by the Contract Documents) to Owner.

ARTICLE 22 – SALES AND USE TAXES

22.01 Owner is exempt from Texas sales and use taxes pursuant to Texas Tax Code § 151.309 as a political subdivision of the State of Texas. Owner shall provide Contractor with a completed Texas Sales and Use Tax Exemptions Certification as evidence of the applicability of such exemption and, accordingly, Contractor shall not collect Texas sales and use taxes from Owner with respect to this contract. Contractor and all subcontractors to Contractor shall issue a Texas Sales and Use Tax Exemption Certification with respect to, and shall not pay Texas sales and use taxes on, all purchases of the following items that are exempt from Texas sales and use taxes pursuant to Texas Tax Code § 151.311:

(i) tangible personal property that will be incorporated into Owner’s realty; (ii) tangible personal property that is necessary and essential for the performance of this contract and is consumed entirely on the job site; and (IV) taxable services for use in the performance of this contract that are performed at the job site and are either integral to the performance of this contract or expressly required to be provided by this contract. In addition, Contractor and all subcontractors to Contractor (i) shall not include any provision for Texas sales and use taxes with respect to such exempt items in any bid or contract amount, and (ii) shall pass on to the Owner cost savings due to the exempt status of such exempt items.

Contractor’s contracts with all subcontractors to Contractor shall include the foregoing provision regarding the exemption from Texas Sales and use taxes.

BGE Std. 2018 – Public II - 11

ARTICLE 23 - LABOR CLASSIFICATION AND MINIMUM WAGE SCALE

23.01 Chapter 2258 of the Texas Government Code provides that any political subdivision of the State of Texas shall determine the general prevailing wage rate received by the classes of workers employed on projects similar to this project and shall specify in the call for bids and in the Contract the applicable minimum wage rates. The statute further provides that the Contractor of Subcontractors shall pay, as a penalty, to the Owner Sixty Dollars ($60.00) for each worker employed for each calendar day or part of the day that the worker is paid less that the wage rates stipulated in the Contract. The Owner is authorized to withhold from the Contractor the amount due under Contract.

The Statute likewise requires that the Contractor and Subcontractors keep an accurate record of the name and occupations of all persons employed by them in the construction of the Project and to show the actual per diem wages paid to each worker. These records are open to the inspection of the Owner.

23.02 The minimum wage rates that apply to this Contract are specified in the attachment hereto.

Contractor and Subcontractors shall review and ascertain such wage rates and pay at least such minimum rates.

Labor Classification and Minimum Wage Scale: Use the latest edition of the McLennan County Prevailing Wage Rates in effect at the time bids are received.

ARTICLE 24 – ADDITIONAL REQUIREMENTS

24.01 House Bill 1295 Implementation

Provision of Texas Ethics Commission Form 1295 (“TEC Form 1295”) by Bidders: Effective January 1, 2016, pursuant to Texas Government Code 2252.908 (the “Interested Party Disclosure Act” or the “Act”), the District may not award the contract to a bidder unless the bidder has provided to the District a completed, signed and notarized TEC Form 1295 which has been assigned a certificate number by the Texas Ethics Commission (the “TEC”). Pursuant to the rules prescribed by the TEC, the TEC Form 1295 must be completed online through the TEC’s website at https://www.ethics.state.tx.us, assigned a certificate number, printed, signed and provided to the district. The TEC Form 1295 must be submitted with the contractor’s bid. Neither the District 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 Bidder with respect to the proper completion of the TEC Form 1295.

24.02 Senate Bill 943: Large Contracts - New Requirements for Bids and Contracts at least

$1,000,000

A. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this bid or Contract and contractor agrees that the Contract can be terminated if contractor knowingly or intentionally fails to comply with a requirement of that subchapter.* Accordingly, contractor shall: (1) preserve all Contracting Information (defined below) in contractor’s possession related to this Contract as provided by the District’s Records Control Schedule for the duration of the Contract; (2) promptly provide to the District on the District’s request any Contracting

BGE Std. 2018 – Public II - 12

Information in contractor’s custody or possession; and (3) on completion of the Contract, either provide at no cost to the District all Contracting Information related to the Contract in contractor’s possession, or preserve such Contracting Information as provided by the District’s Records Control Schedule. For purposes of this Contract, Contracting Information means information related to the Contract in contractor’s custody or possession, including:

a) information in a voucher or the Contract relating to the receipt or expenditure of public funds by the District;

b) solicitation or bid documents relating to the Contract with the District;

c) communications sent between the District and contractor during the solicitation, evaluation, or negotiation of the Contract;

d) documents, including bid tabulations, showing the criteria by which the

District evaluated contractor or potential contractors responding to a solicitation and, if applicable, an explanation of why contractor was selected; and

e) communications and other information sent between the District and contractor related to the performance of the Contract or work performed thereunder on behalf of the District.

B. Contractor declares that it has not received from a governmental body a notice of noncompliance with a provision of Subchapter J, Chapter 552, Texas Government Code, or, if such a notice has been received, Contractor has taken adequate steps to ensure future compliance with such subchapter and has provided or upon request will provide documentation of same

24.03 House Bill 89 Verification

Contractor, in conjunction with the execution of this contract and in accordance with

Chapter 2271, Texas Government Code, effective September 1, 2017, does hereby agree, confirm, and verify that it does not Boycott Israel, as defined in Chapter 808 of Subtitle A, Title 8, Texas Government Code, and will not Boycott Israel during the term of the contract. Contractor hereby acknowledges and agrees that this verification is a material term of the contract and Owner is expressly relying on this verification in agreeing to enter into the contract/agreement with Contractor. TO THE MAXIMUM EXTENT PERMITTED

BY LAW, CONTRACTOR AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS

OWNER FROM ALL CLAIMS, CAUSES OF ACTION, LEGAL PROCEEDINGS,

DAMAGES, COSTS, FEES AND EXPENSES ARISING OUT OF OR RELATED TO AN

ACTUAL OR ALLEGED MISREPRESENTATION BY CONTRACTOR PROVIDED

HEREUNDER.

24.03 House Bill 89 Verification

As required by Chapter 2271, Government Code, [CONTRACTOR] hereby verifies that

[CONTRACTOR] does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, “boycott Israel” means refusing to deal

BGE Std. 2018 – Public II - 13 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.

24.04 Senate Bill 252 Verification

As required by law, [CONTRACTOR] hereby represents and warrants that at the time of this Contract neither the [CONTRACTOR], nor any wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of the [CONTRACTOR] (i) engages in business with Iran, Sudan or any foreign terrorist organization as described in Chapters 806 or 807 of the Texas Government Code, or Subchapter F of Chapter 2252 of the Texas Government Code, or (ii) is a company listed by the Texas Comptroller under Sections 806.051, 807.051 or 2252.153 of the Texas Government Code. The term "foreign terrorist organization" has the meaning assigned to such term in Section 2252.151 of the Texas Government Code.

Bid Form

Specification Description Unit Est. QTY Bid Unit Price Bid Price

100 7002 PREPARING ROW STA 6.00 $ _____________ $ _______________

100 7004 PREP ROW (TREE REMOVE) (12" TO 24" DIA) EA 27.00 $ _____________ $ _______________

100 7005 PREP ROW (TREE REMOVE) (24" TO 36" DIA) EA 7.00 $ _____________ $ _______________

104 7046 REMOV CONC (MISC) SY 44.00 $ _____________ $ _______________

110 7001 EXCAV (ROADWAY) CY 655.00 $ _____________ $ _______________

110 7002 EXCAV (CHANNEL) CY 584.00 $ _____________ $ _______________

132 7003 EMBANK (FNL)(OC)(TY B) CY 1775.00 $ _____________ $ _______________

160 7002 FURN & PLACE TOPSOIL (4") SY 5336.00 $ _____________ $ _______________

164 7002 BROADCAST SEED (PERM_RURAL_CLAY) SY 5336.00 $ _____________ $ _______________

168 7001 VEGETATIVE WATERING TGL 45.00 $ _____________ $ _______________

247 7188 FL BS (CMP IN PLC)(TYD GR1-2)(FNAL POS) CY 205.00 $ _____________ $ _______________

260 7004 LIME (COMMERCIAL LIME SLURRY) TON 24.00 $ _____________ $ _______________

260 7020 LIME TRT (SUBGRADE)(8") SY 1230.00 $ _____________ $ _______________

310 7013 PRIME COAT(MC-30 OR AE-P) GAL 246.00 $ _____________ $ _______________

316 7011 ASPH (CRS-2) GAL 1008.00 $ _____________ $ _______________

316 7111 AGGR (TY-D, GR-4)(SAC-A) CY 20.00 $ _____________ $ _______________

400 7010 CEM STABIL BKFL CY 60.70 $ _____________ $ _______________

402 7001 TRENCH EXCAVATION PROTECTION LF 34.00 $ _____________ $ _______________

416 7004 DRILL SHAFT (24 IN) LF 720.00 $ _____________ $ _______________

420 7012 CL C CONC (ABUT) CY 20.40 $ _____________ $ _______________

420 7022 CL C CONC (CAP) CY 13.20 $ _____________ $ _______________

420 7038 CL C CONC (COLUMN) CY 2.40 $ _____________ $ _______________

422 7007 REINF CONC SLAB (SLAB BEAM) SF 3120.00 $ _____________ $ _______________

425 7017 PRESTR CONC SLAB BEAM (5SB12) LF 592.50 $ _____________ $ _______________

432 7013 RIPRAP (MOW STRIP)(4 IN) CY 16.00 $ _____________ $ _______________

432 7046 RIPRAP (STONE PROTECTION)(27 IN) CY 129.00 $ _____________ $ _______________

450 7008 RAIL (TY T223) LF 264.00 $ _____________ $ _______________

454 7003 ARMOR JOINT (SEALED) LF 49.00 $ _____________ $ _______________

462 7009 CONC BOX CULV (5 FT X 5 FT) LF 40.00 $ _____________ $ _______________

467 7108 SET (TY I)(S= 5 FT)(HW= 6 FT)(4:1) (C) EA 2.00 $ _____________ $ _______________

496 7010 REMOV STR (BRIDGE 100 - 499 FT LENGTH) EA 1.00 $ _____________ $ _______________

496 7037 REMOV STR (PIPE) EA 1.00 $ _____________ $ _______________

500 7001 MOBILIZATION LS 1.00 $ _____________ $ _______________

502 7001 BARRICADES, SIGNS AND TRAFFIC HANDLING MO 6.00 $ _____________ $ _______________

506 7002 ROCK FILTER DAMS (INSTALL) (TY 2) LF 166.00 $ _____________ $ _______________

506 7011 ROCK FILTER DAMS (REMOVE) LF 166.00 $ _____________ $ _______________

506 7039 TEMP SEDMT CONT FENCE (INSTALL) LF 1182.00 $ _____________ $ _______________

506 7041 TEMP SEDMT CONT FENCE (REMOVE) LF 1182.00 $ _____________ $ _______________

540 7002 MTL W-BEAM GD FEN (STEEL POST) LF 100.00 $ _____________ $ _______________

540 7005 MTL BEAM GD FEN TRANS (THRIE-BEAM) EA 4.00 $ _____________ $ _______________

544 7001 GUARDRAIL END TREATMENT (INSTALL) EA 4.00 $ _____________ $ _______________

552 7003 WIRE FENCE (TY C) LF 489.00 $ _____________ $ _______________

552 7011 WIRE FENCE (REMOVE) LF 512.00 $ _____________ $ _______________

658 7013 INSTL DEL ASSM (D-SW)SZ 1(BRF)CTB (BI) EA 6.00 $ _____________ $ _______________

658 7019 INSTL DEL ASSM (D-SW)SZ 1(BRF)GF2(BI) EA 8.00 $ _____________ $ _______________

666 7175 RE PM TY II (W) 6" (SLD) LF 240.00 $ _____________ $ _______________

666 7213 RE PM TY II (Y) 6" (SLD) LF 240.00 $ _____________ $ _______________

672 7004 REFL PAV MRKR TY II-A-A EA 4.00 $ _____________ $ _______________

000 0000 OWNER'S CONTINGENCY ALLOWANCE LS 1.00 117,000.00$ 117,000.00$

Printed Name

Company

Title

Signature

Date

Phone Number

Email Address

BID FORM

Thompson Road Bridge Replacement

Bid Item

Total (Base Bid Items Only) =

Bid Bond

BGE Std. 2018 - Public III - 1

BID BOND

Bid for “Thompson Road Bridge Replacement McLennan County, Texas”

OWNER

c/o McLennan County

Purchasing Department.

214 N. 5th Street Waco, TX 76701

CONTRACTOR:

(Legal Name of Company)

ADDRESS:

County:

TELEPHONE:

FAX:

EMAIL:

The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the terms and conditions of the contract Documents.

Bidder accepts all of the terms and conditions of the Invitation to Bidders and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty (60) days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within seven (7) days after the date of Owner’s Notice of Award.

In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that:

Bidder has examined, carefully studied, and understands all the terms and conditions set forth in the Bidding Documents and the following Addenda receipt of all which are hereby acknowledged:

Addendum No. Date Received Acknowledgement

This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner.

Bidder will complete the Work in accordance with the Contract Documents for the following prices:

(see attached bid form)

BGE Std. 2018 - Public III -

If this bid is accepted by Owner, Bidder will commence work within seven (7) days after written Notice to Proceed.

If this Bid is accepted, Bidder agrees that the Work will be completed and ready for final payment in accordance with paragraph 15.06 of the General Conditions within 150 calendar days from the date of the Notice to Proceed.

Bidder accepts the provisions of the Agreement as to liquidated damages of $1,500 per day in the event of failure to complete the Work within the times specified in the Agreement.

The requirements of Subchapter J, Chapter 552, Government Code, may apply to this bid or contract and contractor agrees that the Contract can be terminate if Contractor knowingly or intentionally fails to comply with a requirement of that subchapter.

The prescribed Bid Security in the form of a Cashier's Check or Bid Bond is attached to and made a condition of this Bid.

List name and addresses of subcontractors with whom the Bidder, if awarded the contract, will subcontract for performance of any of the work or by itself.

Percentage of Work:

Percentage of Work:

Percentage of Work:

Percentage of Work:

Terms used in this Bid which are defined in the General Conditions or Instructions to Bidders will have the meanings indicated in the General Conditions or Instructions to Bidders.

SUBMITTED on , 20 .

State Contractor License No.

INDIVIDUAL:

(individual) (Seal) doing business as Business Address Business Phone

PARTNERSHIP:

By (firm) (Seal) (General Partner) Business Address Business Phone

CORPORATION:

By (corp.) (Seal) State of Incorporation By (person authorized) Title

Attest (Secretary) Business Address

BGE Std. 2018 - Public III -

Business Phone Date of Qualification to do business is

JOINT VENTURE:

By (name) (Seal) Address:

By (name) (Seal) Address:

Address & Phone No. for official communications:

Surety Company:

State of incorporation:

Local agent:

Agent’s address:

Agent’s telephone:

Insurance Carrier:

State of incorporation:

Local agent:

Agent’s address:

Agent’s telephone:

Required County Forms

Conflict of Interest

CONFLICT OF INTEREST

Chapter 176 of the Local Government Code creates a new filing requirement for persons who contract or are seeking to do business with local government entities to make financial and business disclosures.

A vendor or other person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local government entity, or is an agent of a vendor or person who is seeking to contract with the county must file a Conflict Disclosure Questionnaire https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf within 7 business days of:

Beginning contract discussions or negotiations Or submitting an application, response to a request for proposal or bid, Or other communication related to a potential contract.

Failure to file a questionnaire is a class C misdemeanor.

Note: As part of this bid or proposal packet, please mark “Not Applicable” on any questions that do not apply to your affiliation or business relationship with a McLennan County officer and return with the response package.

Please submit the Conflict of Interest Questionnaire with your proposal.

If you do not have access to the links provided above please contact Ken Bass at 254-757-5016 or ken.bass@mclennan.gov and we will send by mail or email the list of County Officers that must be considered in the Conflict Disclosure and the Conflict Disclosure Questionnaire.

Suspension and Debarment

SUSPENSION AND DEBARMENT

The “Vendor” certifies, to the best of its knowledge and belief, that the “Vendor” and/or any of its Principals:

(a) Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(b) Are not listed on the Excluded Parties List System (EPLS) maintained by the General Service Administration (GSA). Note: McLennan County Purchasing Department will check the Excluded Parties List before award of any contract.

(c) Have not, within a 3-year period preceding this offer, been convicted of or had a civil Judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property;

(d) Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated above.

(e) The…