CONTRACT DOCUMENTS

FOR CONSTRUCTION OF

16-Inch Clements St. Water Line

Prepared for:

GTUA/City of Gainesville, Texas

200 South Rusk Street

Gainesville, Texas 76240

Prepared by:

Texas Engineering Firm Registration Number: 928

4800 Overton Plaza, Suite 440

Fort Worth, Texas 76109

Phone: (817) 335-6511

Fax: (817) 335-5070

CITY OF GAINESVILLE 00 01 10

16-INCH CLEMENTS ST. WATER LINE TABLE OF CONTENTS

KHA PROJECT NO. 061042077 PAGE 1 OF 2

GTUA/CITY OF GAINESVILLE 16-INCH CLEMENTS ST. WATER LINE

TABLE OF CONTENTS

Division 00: Procurement and Contracting Requirements

00 01 01 Project Title Page

00 01 10 Table of Contents

00 11 16 Invitation to Bid

00 21 13 Instructions to Bidders

00 41 43 Bid Form

00 43 13 Bid Security Form

00 45 13 Bidder’s Qualification

00 45 19 Non-Collusion Affidavit

00 45 20 Conflict of Interest Questionnaire

00 45 21 Certificate of Interested Parties

00 45 48 IRS Form W9

00 47 01 Wage Rates

00 48 01 Prohibition on Boycotting Israel Verification

00 52 13 Standard Form of Agreement

00 61 13 Performance Bond

00 61 15 Payment Bond

00 61 19 Maintenance Bond

00 62 00 Certificate of Insurance

00 72 00 Standard General Conditions

00 73 00 Supplementary Conditions

00 80 00 TWDB Required Documents and Forms

Division 01: General Requirements

01 11 00 Summary of Work

01 22 00 Unit Prices

01 25 00 Substitution Procedures

01 31 19 Pre-Construction Meeting

01 31 20 Project Meetings

01 32 16 Construction Progress Schedule

01 32 33 Preconstruction Video

01 33 00 Submittals

01 33 23 Shop Drawing Product Data and Sampling

01 35 13 Special Project Procedures

01 45 23 Testing and Inspection Service

01 57 13 Storm Water Pollution Prevention

01 66 00 Product Storage and Handling Requirements

01 71 23 Construction Staking and Survey

01 74 16 Site Maintenance

01 74 23 Cleaning

01 77 00 Closeout Requirements

01 78 39 Project Record Documents

Division 02 – Existing Conditions:

02 41 14 Utility Removal and Abandonment

Division 03 – Concrete:

03 34 13 Controlled Low Strength Material (CLSM)

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16-INCH CLEMENTS ST. WATER LINE TABLE OF CONTENTS

KHA PROJECT NO. 061042077 PAGE 2 OF 2

Division 09 – Finishes:

09 90 00 Piping and Equipment Painting

Division 31 – Earthwork:

31 10 00 Site Clearing

31 25 14 Erosion and Sediment Control

Division 32 – Exterior Improvements:

Division 33 – Utilities:

33 01 10 Cleaning and Acceptance Testing of Water Mains

33 05 97 Utility Markers – Locaters

33 11 05 Bolts, Nuts, and Gaskets

33 11 11 Ductile Iron Fittings

33 14 11 Polyvinyl Chloride (PVC) Pressure Pipe

33 14 20 Resilient Seated (wedge) Gate Valve

33 14 25 Connection to Existing Water Mains

Division 34 – Transportation

34 71 13 Traffic Control

Appendix A – Environmental Assessment

Appendix B – Geotechnical Report

Appendix C – TWDB 0552

Drawings

-The drawings identified by the same project number are included as part of the Contract Documents for this work.

CITY OF GAINESVILLE 00 11 16

16-INCH CLEMENTS ST. WATER LINE INVITATION TO BID

GTUA / CITY OF GAINESVILLE 16-INCH CLEMENTS ST. WATER LINE

INVITATION TO BID 1

1. Sealed Bids will be received electronically by GTUA / City of Gainesville, Texas at the website 3 https://www.civcastusa.com/ until 2:00 PM., local time, on Wednesday, July 29, 2026, for: 4

GTUA / City of Gainesville 6

16-Inch Clements St Water Line 7

Sealed Bids will be opened via the website https://www.civcastusa.com/ and read aloud by audio 9 conferencing. Audio conferencing information will be provided at https://www.civcastusa.com/. 10

2. The proposed Work is generally described as follows: 12

Work of the project consists of the installation of approximately 1,100 linear feet of C-900 DR-18 14 PVC water line by open cut. This includes all associated appurtenances, and miscellaneous surface 15 restoration for successful project completion, as described in the Specifications and shown on the 16 Drawings. 17

3. A Complete Set of Bid Documents including Plans and Specifications may be examined without 19 charge at CivCast at https://www.civcastusa.com/. 20

4. A pre-bid conference will not be held. 22

5. Each Bidder must be licensed under State Law as a General Contractor. Successful bidder shall 24 comply with the Department of Labor Safety and Health Regulations for construction promulgated 25 under the Occupational Safety and Health Act of 1970 (PL91-596) and under Section 107 of the 26 Contract Work Hours and Safety Standards Act (PL91-54), or latest revision. 27

6. No Bid shall be considered or accepted unless at the time of its filing the same shall be accompanied 29 by (1) a deposit of cash or a certified or cashier's check drawn on a bank or trust company insured 30 by the Federal Deposit Insurance Corporation (FDIC), in an amount equal to five percent (5%) of 31 the amount of the Bid. The check shall be made payable to GTUA / City of Gainesville, Texas. 32 Said deposit shall guarantee that the Contract will be entered into by the successful Bidder if the 33 award is made. Such deposit of cash or certified or cashier's check may be held by GTUA / the 34 City of Gainesville until the successful Bidder has executed and delivered the Contract Documents, 35 including performance and payment bond, to GTUA / City of Gainesville, Texas and returned or 36 kept in accordance with State Law. 37 In lieu of the cash deposit or certified or cashier’s check mentioned above, the Bidder may file a 39 Bid bond in the same amount executed by a corporate surety authorized to execute such bonds in 40 Texas and conditioned as provided by State Law and in the form attached to the Bidding Documents 41 or on file with the Engineer. Bid bond forms enclosed as part of the Bidding Documents must be 42 properly executed at the time Bids are submitted before Bid will be considered. Properly executed 43 Power of Attorney of the corporate surety's agent shall accompany such bond and be attached to 44 the page provided therefore in the Bidding Documents. 45

7. The Bidder is required to make positive efforts for minority business participation in accordance 47 with State Law. The Bidder shall identify efforts made in this regard and list minority business 48 enterprises that will be used on the project as required in the bidding documents. The Bidder shall 49 comply with the President’s Executive Order No. 11246, as amended, which prohibits 50 discrimination in employment regarding race, creed, color, sex or national origin. 51 https://www.civcastusa.com/ https://www.civcastusa.com/ https://www.civcastusa.com/ https://www.civcastusa.com/

CITY OF GAINESVILLE 00 11 16

16-INCH CLEMENTS ST. WATER LINE INVITATION TO BID

GTUA / CITY OF GAINESVILLE 16-INCH CLEMENTS ST. WATER LINE

8. The Successful Bidder will be required to furnish a Construction Performance Bond and a 2

Construction Payment Bond as security for the faithful performance and the payment of all bills 3 and obligations arising from the performance of the Contract. 4

9. The Successful Bidder and their subcontractors will be required to conform to the labor standards 6 employment requirements set forth in the Contract Documents. 7

10. Bids shall be submitted under a condition of irrevocability, except as required by law, for a period 9 of ninety (90) days after Bid opening. 10

11. The Owner reserves the right to accept or reject any or all Bids, to waive any and all informalities, 12 and to disregard all nonconforming or conditional Bids or counter Bids, and to accept the Bid that 13 will be in the best interest of GTUA / City of Gainesville. 14

12. U.S. Iron and Steel is required as a part of this contract. Reference specification 00 21 13 - section 16

18.13 for U.S. Iron and Steel guidance. 17

13. Contingent Award of Contract - This contract is contingent upon release of funds from the Texas 19 Water Development Board. Any contract or contracts awarded under this Invitation for Bids is/are 20 expected to be funded in part by a loan or grant from the Texas Water Development Board. Neither 21 the state of Texas, nor any of its departments, agencies or employees are or will be a party to this 22 Invitation for Bids or any resulting contract. 23

14. Award of Contract to Nonresident Bidder - The bidder will complete form TWDB-0459, Vendor 25 Compliance with Reciprocity on Non-Resident Bidders, which must be submitted with the bid. 26

Advertisement Dates: 29 Saturday July 11, 2026 30 Saturday July 18, 2026 31

- END OF DOCUMENT - 33

CITY OF GAINESVILLE 00 21 13

16-INCH CLEMENTS ST. WATER LINE INSTRUCTIONS TO BIDDERS

KHA PROJECT NO. 061042077 PAGE 1 OF 11

INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

Page

Article 1— Defined Terms

Article 2— Bidding Documents

Article 3— Qualifications of Bidders

Article 4— Pre-Bid Conference

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

Program; Other Work at the Site

Article 6— Bidder’s Representations and Certifications

Article 7— Interpretations and Addenda

Article 8— Bid Security

Article 9— Contract Times

Article 10— Substitute and “Or Equal” Items

Article 11— Subcontractors, Suppliers, and Others

Article 12— Preparation of Bid

Article 13— Basis of Bid

Article 14— Submittal of Bid

Article 15— Modification and Withdrawal of Bid

Article 16— Opening of Bids

Article 17— Bids to Remain Subject to Acceptance

Article 18— Evaluation of Bids and Award of Contract

Article 19— Bonds and Insurance

Article 20— Signing of Agreement

Article 21— Sales and Use Taxes

KHA PROJECT NO. 061042077 PAGE 2 OF 11

ARTICLE 1—DEFINED TERMS

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

A. Issuing Office—The office from which the Bidding Documents are to be issued, and which registers plan holders.

B. The term “Owner” means the local entity contracting for the construction services.

C. The term "TWDB" means the Executive Administrator of the Texas Water Development

Board, or other person who may be at the time acting in the capacity or authorized to perform the functions of such Executive Administrator, or the authorized representative thereof.

D. The term “Engineer” means the Owner’s authorized consulting engineer for the project.

ARTICLE 2—BIDDING DOCUMENTS

2.01 A Complete Set of Bid Documents including Plans and Specifications may be examined without charge. Copies of such instruments will be available through CivCast at http://www.civcastusa.com/.

2.02 Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents

(together, the Bidding Documents). See the Agreement for a list of the Contract Documents. It is

Bidder’s responsibility to determine that it is using a complete set of documents in the preparation of a Bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers.

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

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

Owner.

2.05 Electronic Documents

A. When the Bidding Requirements indicate that electronic (digital) copies of the Bidding

Documents are available, such documents will be made available to the Bidders as Electronic

Documents in the manner specified.

1. Bidding Documents will be provided in Adobe PDF (Portable Document Format) (.pdf).

It is the intent of the Engineer and Owner that such Electronic Documents are to be exactly representative of the paper copies of the documents. However, because the Owner and Engineer cannot totally control the transmission and receipt of Electronic Documents nor the Contractor’s means of reproduction of such documents, the Owner and Engineer http://www.civcastusa.com/

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cannot and do not guarantee that Electronic Documents and reproductions prepared from those versions are identical in every manner to the paper copies.

B. Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon complete sets of Electronic Documents of the Bidding Documents, described in Paragraph 2.05.A above. However, Bidder assumes all risks associated with differences arising from transmission/receipt of Electronic Documents versions of Bidding Documents and reproductions prepared from those versions and, further, assumes all risks, costs, and responsibility associated with use of the Electronic Documents versions to derive information that is not explicitly contained in printed paper versions of the documents, and for Bidder’s reliance upon such derived information.

ARTICLE 3—QUALIFICATIONS OF BIDDERS

3.01 Pre-qualification of bidders is not required. Successful bidder will be required to submit written evidence, such as financial data, present commitments, and available equipment with the bid. A

Bidder’s Qualifications form, Non-Collusion Affidavit, conflict of interest questionnaire, and IRS

Form W-9 have been included in this Project Manual. The BIDDER should provide this information with the bid.

3.02 Minimum criteria for bidders includes experience in successful completion of at least five projects of a similar magnitude in the state of Texas which are completed and in service after January 1, 2014.

3.03 The Successful bidder shall perform work amounting to at least 35% of the Contract, using its own equipment and personnel. No portion of the Contract shall be sublet, assigned, or otherwise disposed of except with the expressed written consent of the Owner. If the Successful bidder fails to demonstrate to the Owner that it has the ability to perform the specified percentage of the

Contract work with its own equipment and personnel, its Bid may be considered non-responsive.

3.04 The Contractor shall be licensed under State Law as a General Contractor. A copy of the

Contractor’s License for the Successful Bidder, all Subcontractors of the apparent Successful

Bidder, and those Bidders requested by the Owner, shall be filed within five (5) calendar days after notice of selection.

3.05 Successful bidder shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act of 1970 (PL91-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL91-54), or latest revision.

ARTICLE 4—PRE-BID CONFERENCE

4.01 A Pre-Bid Conference will not be held.

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

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

5.01 Site and Other Areas

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

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5.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

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

a. Those reports of explorations and tests of subsurface conditions at or adjacent to the

Site that contain Technical Data.

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

Data.

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

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

d. Technical Data contained in such reports and drawings.

2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the

Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the

Supplementary Conditions. Bidder is responsible for any interpretation or conclusion

Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of

Technical Data set forth in Article 1 of the General Conditions will apply.

B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05 of the General Conditions, and not in the drawings referred to in

Paragraph 5.02.A of these Instructions to Bidders. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data.

5.03 Other Site-related Documents

A. No other Site-related documents are available.

5.04 Site Visit and Testing by Bidders

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

B. All access to the Site other than during a regularly scheduled Site visit must be coordinated through the following Owner or Engineer contact for visiting the Site: Allen McDonald, Gainesville Public Works Director, (940) 668-4540. Bidder must conduct the required Site visit during normal working hours.

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

D. On request, and to the extent Owner has control over the Site, and schedule permitting, the

Owner will provide Bidder general access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on

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Owner’s authority regarding the Site. Bidder is responsible for establishing access needed to reach specific selected test sites.

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

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

5.05 Owner’s Safety Program

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

5.06 Other Work at the Site

A. Reference is made to Article 8 of the General Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by

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

ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Express Representations and Certifications in Bid Form, Agreement

A. The Bid Form that each Bidder will submit contains express representations regarding the

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

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

ARTICLE 7—INTERPRETATIONS AND ADDENDA

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

Bidding Documents.

7.02 Bidder shall submit all questions about the meaning or intent of the Bidding Documents to Engineer through Civcast.

7.03 Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all registered plan holders. Questions received less than seven days prior to the date for opening of Bids may not be answered.

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

KHA PROJECT NO. 061042077 PAGE 6 OF 11

Documents unless set forth in an Addendum that expressly modifies or supplements the Contract

Documents.

ARTICLE 8—BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of five percent

(5%) percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a Bid bond issued by a surety meeting the requirements of Paragraph 6.01 of the

General Conditions. Such Bid bond will be issued in the form included in the Bidding Documents.

8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract, furnished the required Contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released.

If the Successful Bidder fails to execute and deliver the Contract and furnish the required Contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited, in whole in the case of a penal sum bid bond, and to the extent of Owner’s damages in the case of a damages-form bond. Such forfeiture will be Owner’s exclusive remedy if Bidder defaults.

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

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

ARTICLE 9—CONTRACT TIMES

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

ARTICLE 10—SUBSTITUTE AND “OR EQUAL” ITEMS

10.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, and those “or-equal” or substitute or materials and equipment subsequently approved by Engineer prior to the submittal of Bids and identified by

Addendum. No item of material or equipment will be considered by Engineer as an “or-equal” or substitute unless written request for approval has been submitted by Bidder and has been received by Engineer within 10 days of the issuance of the Advertisement for Bids or invitation to Bidders.

Each such request must comply with the requirements of Paragraphs 7.05 and 7.06 of the General

Conditions, and the review of the request will be governed by the principles in those paragraphs.

The burden of proof of the merit of the proposed item is upon Bidder. Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any such proposed item, such approval will be set forth in an Addendum issued to all registered Bidders. Bidders cannot rely upon approvals made in any other manner.

10.02 All prices that Bidder sets forth in its Bid will be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as

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supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk.

ARTICLE 11—SUBCONTRACTORS, SUPPLIERS, AND OTHERS

11.01 A Bidder must be prepared to retain specific Subcontractors and Suppliers for the performance of the Work if required to do so by the Bidding Documents or in the Specifications. If a prospective

Bidder objects to retaining any such Subcontractor or Supplier and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid.

11.02 If apparent Successful Bidder declines to make any such substitution, Owner may award the

Contract to the next lowest Bidder that proposes to use acceptable Subcontractors and Suppliers.

Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor or Supplier, so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in

Paragraph 7.07 of the General Conditions.

11.03 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom Contractor has reasonable objection.

ARTICLE 12—PREPARATION OF BID

12.01 The Bid Form is included with the Bidding Documents.

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

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

12.02 If Bidder has obtained the Bidding Documents as Electronic Documents, then Bidder shall prepare its Bid on a paper copy of the Bid Form printed from the Electronic Documents version of the

Bidding Documents. The printed copy of the Bid Form must be clearly legible, printed on 8½ inch by 11-inch paper and as closely identical in appearance to the Electronic Document version of the

Bid Form as may be practical. The Owner reserves the right to accept Bid Forms which nominally vary in appearance from the original paper version of the Bid Form, providing that all required information and submittals are included with the Bid.

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

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

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

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

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

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

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

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

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

12.12 If Bidder is required to be licensed to submit a Bid or perform the Work in the state where the

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

Bid Form.

ARTICLE 13—BASIS OF BID

13.01 Unit Price

A. Bidders must 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.

13.02 Allowances

A. For cash allowances the Bid price must 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 14—SUBMITTAL OF BID

14.01 Proposals must be submitted electronically at CivCast at http://www.civcastusa.com/. Hard copies will not be accepted.

14.02 Once registered with the procurement site, Bidder shall click on the bid button to access the electronic Bid Form as well as required downloads and addenda. All unit prices shall be keyed in

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for each pay item. A Bid price shall be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein.

14.03 Bidder will download all required forms before Bid can be electronically submitted.

14.04 Bidder will upload all required forms before Bid can be electronically submitted.

ARTICLE 15—MODIFICATION AND WITHDRAWAL OF BID

15.01 An unopened 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.

15.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 15.01 and submit a new Bid prior to the date and time for the opening of Bids.

15.03 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, the Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, the Bidder will be disqualified from further bidding on the Work.

ARTICLE 16—OPENING OF BIDS

16.01 Sealed Bids will be opened via the website https://www.civcastusa.com/ and read aloud by audio conferencing. Audio conferencing information will be provided at https://www.civcastusa.com/.

Bids to Remain Subject to Acceptance.

ARTICLE 17—BIDS TO REMAIN SUBJECT TO ACCPETANCE

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

ARTICLE 18—EVALUATION OF BIDS AND AWARD OF CONTRACT

18.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner also reserves the right to waive all minor

Bid informalities not involving price, time, or changes in the Work.

18.02 Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible.

18.03 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

KHA PROJECT NO. 061042077 PAGE 10 OF 11

the Bid, whether in the Bid itself or in a separate communication to Owner or Engineer, then Owner will reject the Bid as nonresponsive.

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

18.05 Evaluation of Bids

A. In evaluating Bids, Owner will consider whether 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.

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

18.07 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.

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

18.09 If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within ninety (90) days after the day of the Bid Opening.

18.10 Successful Bidder will be required to provide completed Form 1295 to the Owner.

18.11 Contingent Award of Contract

A. This contract is contingent upon release of funds from the Texas Water Development Board.

Any contract or contracts awarded under this Invitation for Bids is/are expected to be funded in part by a loan or grant from the Texas Water Development Board. Neither the state of Texas, nor any of its departments, agencies or employees are or will be a party to this Invitation for

Bids or any resulting contract.

18.12 Award of Contract to Nonresident Bidder

A. A governmental entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident’s principal place of business is located. A non-resident bidder is a Contractor whose corporate offices or principal place of business is outside of the state of Texas (Source:

Texas Government Code, Chapter 2252, Subchapter A, Nonresident Bidders, §2252.002).

B. The bidder will complete form TWDB-0459, Vendor Compliance with Reciprocity on Non-

Resident Bidders, which must be submitted with the bid.

18.13 U.S. Iron and Steel

A. Any Contract awarded under this Invitation for Bid is subject to the United States Iron and

Steel Requirements of Texas Water Code §17.183 and/or Texas Government Code, Chapter

2252, Subchapter F, as amended by SB 1289, 85th Legislative Session. The contractor must complete the statement of understanding regarding this requirement, found in the

Supplemental Contract conditions, Item no. 9. Refer to TWDB-1105 – United States Iron and

Steel (USI&S) Guidance.

KHA PROJECT NO. 061042077 PAGE 11 OF 11

ARTICLE 19—BONDS AND INSURANCE

19.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions and

Section 00 62 01 – GTUA Policy for Minimum Insurance and Bonding Requirements, sets forth

Owner’s requirements as to performance and payment bonds, other required bonds (if any), and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by required bonds and insurance documentation.

ARTICLE 20—SIGNING OF AGREEMENT

20.01 When Owner issues a Notice of Award to the Successful Bidder, it will be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder must execute and deliver the required number of counterparts of the Agreement and any bonds and insurance documentation required to be delivered by the Contract Documents to Owner. Within 10 days thereafter, Owner will deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General

Conditions.

ARTICLE 21—SALES AND USE TAXES

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

END OF SECTION

CITY OF GAINESVILLE

16-INCH CLEMENTS ST. WATER LINE

KHA PROJECT NO. 061042077

00 41 43

BID FORM

BASE BID

Date____________________

TO: City of Gainesville

Attention: City Secretary

200 South Rusk Street

Gainesville, Texas 76240

FROM:

(Name of Contractor)

(Address)

(Phone) (Fax)

1.

2.

3.

(a)

(b)

BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to

Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for fourty-five (45) 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 fifteen (15) 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 and carefully studied the Bidding Documents and the following Addenda receipt of all which is hereby acknowledged: (List Addenda by Addendum Number and Date)

BIDDER has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work.

BID FORM

FOR

16-INCH CLEMENTS ST. WATER LINE

THE CITY OF GAINESVILLE, TEXAS

(THIS BID FORM MUST NOT BE REMOVED FROM THE BIDDING DOCUMENTS. REVISED BID FORMS

ISSUED BY ADDENDA SHALL BE ATTACHED OR BOUND TO THE BIDDING DOCUMENTS.)

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 within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents.

GTUA/CITY OF GAINESVILLE 16-INCH FOUNDRY ROAD WATER LINE

KHA PROJECT NO. 061042077

00 41 43

BID FORM

(c)

(d)

(e)

(f)

(g)

BIDDER has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto. BIDDER does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents.

BIDDER is aware of the general nature of Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents.

BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations investigations, explorations, tests, studies and data with the Contract Documents.

BIDDER has thoroughly reviewed the project and has submitted to the Owner, at least 96 hours in advance of the date for opening bids, all questions regarding the meaning or intent of the contract documents and particularly all questions regarding issues which may affect the pricing or measurement and payment of the project.

BIDDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work.

BIDDER has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface of subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Provisions as provided in paragraph GC-102.3 of the General

Conditions. BIDDER accepts the determination set forth in paragraphs SP-21 of the Supplementary

Provisions of the extent of the "technical data" contained in such reports and drawings upon which

BIDDER is entitled to rely as provided in paragraphs GC-102.3 of the General Conditions. BIDDER acknowledges that such reports and drawings are not Contract Documents and may not be complete for

BIDDER's purposes. BIDDER acknowledges that OWNER and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site.

KHA PROJECT NO. 061042077

00 41 43

BID FORM

BASE BID

Item Spec. Est. Unit Bid Amount

No. Item Quantity Unit Price Bid

1 01 22 00 1 LS $ $

dollars and cents per unit

2 01 22 00 1 LS $ $

dollars and cents per unit

3 01 22 00 1 LS $ $

dollars and cents per unit

4 01 22 00 1 LS $ $

dollars and cents per unit

5 01 22 00 1 LS $ $

dollars and cents per unit

6 01 22 00 1,091 LF $ $

dollars and cents per unit

7 01 22 00 2 EA $ $

dollars and cents per unit

8 01 22 00 14 LF $ $

dollars and cents per unit

9 01 22 00 2 EA $ $

dollars and cents per unit

10 01 22 00 2 EA $ $

dollars and cents per unit

11 01 22 00 4 EA $ $

dollars and cents per unit

Mobilization

6-Inch AWWA C900 DR-18 PVC

Material Testing and Inspections

Connect to Existing Water Line

16-Inch AWWA C900 DR-18 PVC by Open Cut

Fire Hydrant Assembly

Air Release Valve Assembly

Name of Pay Item with

Unit Price in Words

Bonding & Insurance

Erosion Control / SWPP

16-Inch Resilient Seated Gate Valve and Box

Traffic Control

KHA PROJECT NO. 061042077

00 41 43

BID FORM

Item Spec. Est. Unit Bid Amount

No. Item Quantity Unit Price Bid

Mobilization

Name of Pay Item with

Unit Price in Words

12 01 22 00 4 TONS $ $

dollars and cents per unit

13 01 22 00 1,091 LF $ $

dollars and cents per unit

14 01 22 00 1 LS $ $

dollars and cents per unit

15 01 22 00 1 EA $ $

dollars and cents per unit

16 01 22 00 1 EA $ $

dollars and cents per unit

17 01 22 00 560 SY $ $

dollars and cents per unit

18 01 22 00 260 LF $ $

dollars and cents per unit

19 01 22 00 260 LF $ $

dollars and cents per unit

20 01 22 00 2 EA $ $

dollars and cents per unit

21 01 22 00 1 LS $ $25,000.00 $ 25,000.00

dollars and No cents per unit

DOLLARS

CENTS

Remove Existing Hydrant

Ductile Iron Fittings

ADA Sidewalk Ramp

Trench Safety

Remove and Replace Existing Service

Asphalt Pavement Repair

Curb Replacement

Sidewalk Replacement

Project Allowance

Twenty-five thousand

TOTAL BASE BID

(SUM OF ITEMS 1-21)

Abandon Existing Water Line

KHA PROJECT NO. 061042077

00 41 43

BID FORM

BASE BID

5.

6. Mobilization

(a)

(b)

7.

8.

SUBMITTED on

Respectfully Submitted, Signed:

Company:

Address:

SEAL

(If Bidder is a Corporation)

Telephone:

Fax:

an individual a partnership

Submitted by: a corporation a joint venture

Doing Business As:

The address of BIDDER indicated below.

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

Unit prices have been computed in accordance with paragraph 11.03 and 11.03.B of the General

Conditions.

BIDDER acknowledges that, for unit price contracts, quantities are not guaranteed and final payment will be based on actual quantities determined as provided in the Contract Documents.

BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement.

Required Bid Security in the form of a certified or cashier's check or a Bid Bond in an amount of five percent of the Bidder's maximum bid price, made payable to the OWNER, in accordance with paragraph 6 of the Instructions to Bidders.

Completed Conflict of Interest Questionnaire Form CIQ.

Communications concerning this Bid shall be addressed to:

CITY OF GAINESVILLE 00 23 13

16-INCH CLEMENTS ST. WATER LINE BID SECURITY FORM

KHA PROJECT NO. 061042077 PAGE 1 OF 4

BID SECURITY FORM

Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable.

Bidder Surety

Name: Name:

Address (principal place of business): Address (principal place of business):

Owner Bid

Name: GTUA/City of Gainesville, Texas Project (name and location):

Address (principal place of business): 16-Inch Clements St. Water Line

200 South Rusk

Gainesville, Texas 76240

Bid Due Date:

Bond

Penal Sum:

Date of Bond:

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

Bidder Surety

(Full formal name of Bidder)

(Full formal name of Surety) (corporate seal)

By: By:

(Signature) (Signature) (Attach Power of

Attorney) Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Attest: Attest:

(Signature) (Signature)

Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Notes: (1) Note: Addresses are to be used for giving any required notice. (2) Provide execution by any additional parties, such as joint venturers, if necessary.

KHA PROJECT NO. 061042077 PAGE 2 OF 4

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond will be Owner’s sole and exclusive remedy upon default of

Bidder.

2. Default of Bidder occurs upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding

Documents.

3. This obligation will be null and void if:

3.1. Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding

Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the

Bidding Documents, or

3.2. All Bids are rejected by Owner, or

3.3. Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing

Notice of Award including extensions does not in the aggregate…