Compiled Contract Documents - Pinnacle Park.pdf

Contract Documents

Specifications

For

Hays County Water Control & Improvement District No. 2

Pinnacle Park

Prepared for:

Hays County WCID No. 2

C/O Winstead PC

401 Congress Avenue

Suite 2100

Austin, TX 78701

Prepared by:

Burgess & Niple, Inc.

235 Ledge Stone Dr.

Austin, Texas 78737

(512) 432-1000

August 2026

B&N Job No.: 62787 Firm Registration No. F-10834

TABLE OF CONTENTS

P:\PR62787\Contract Documents\Bid Documents\02-Table of Contents.doc

CONTRACT DOCUMENTS AND SPECIFICATIONS

FOR CONSTRUCTION OF

HAYS COUNTY WATER CONTROL & IMPROVEMENT DISTRICT NO. 2

PINNACLE PARK FOR

HAYS COUNTY WCID NO. 2

BIDDING AND CONTRACT DOCUMENTS

Section No: Description: Page:

NOTICE TO BIDDERS ......................................................................... NTB-1

00100 INSTRUCTIONS TO BIDDERS ............................................................... IB-1

00300 BID FORM ................................................................................................ BF-1

00410 BID BOND ................................................................................................ BB-1

00200 CONTRACTOR’S QUALIFICATIONS………………………………...CQ-1

00500 AGREEMENT ........................................................................................ SFA-1

FORM 1295

FORM CIQ

00510 RESOLUTION OF CONTRACTOR ........................................................ RC-1

00610 PAYMENT BOND ................................................................................ PYB-1

00620 PERFORMANCE BOND ......................................................................... PB-1

00630 WARRANTY BOND ............................................................................... WB-1

00700 GENERAL CONDITIONS ....................................................................... GC-1

00800 SUPPLEMENTAL CONDITIONS .......................................................... SC-1

TECHNICAL SPECIFICATIONS

TECHNICAL SPECIFICATIONS- GENERAL/PAVING IMPROVEMENTS

EXHIBITS

NOTICE OF AWARD

SAMPLE NOTICE TO PROCEED

SAMPLE CERTIFICATE OF SUBSTANTIAL COMPLETION

SAMPLE WORK CHANGE DIRECTIVE FORM

SAMPLE CHANGE ORDER FORM

SAMPLE AFFIDAVIT OF BILLS PAID

SAMPLE CERTIFICATE OF FINAL COMPLETION

TPDES GENERAL PERMIT NO. TXR150000

TCEQ CONTRIBUTING ZONE PERMIT APPROVAL LETTER

NTB

P: \ PR 6 2 7 8 7 \C o n t rac t Do cu men t s \ B i d Do cu men t s \ 0 3 -No t i ce t o B i dd e rs . d o c

NOTICE TO BIDDERS

CONSTRUCTION OF HAYS COUNTY WATER CONTROL & IMPROVEMENT

DISTRICT NO. 2 PINNACLE PARK FOR

SCOPE OF WORK: Hays County Water Control and Improvement District No. 2 will accept electronic bids for construction of the Hays County WCID No. 2 Pinnacle Park. The work includes furnishing all materials, equipment, tools, labor, and incidentals required to construct a District-owned park and trail facility, including nature trails, concrete trails, and a playscape area. It will be located on two lots within Belterra subdivision: Belterra Section 21-

2 and Belterra Section 20-2.

The work shall also include installation, maintenance and removal of erosion and sedimentation controls in accordance with the contract documents, and all local, state, and federal requirements.

RECEIPT OF BIDS: Bids should be emailed to alicia.gonzales@burgessniple.com no later than 2:00 p.m. on Wednesday, September 9, 2026, sealed bids can also be mailed to the office of the engineer at 235 Ledge Stone Dr. Austin, TX 78737. The OWNER reserves the right to waive all informalities and irregularities, and determine which Bids are most advantageous to the Project, and to award the Contract on this basis.

INFORMATION AND BIDDING DOCUMENTS: Copies of Bid Documents and Plans may be obtained by emailing the Office of the Engineer, during regular business hours: 8:00 a.m. to 5:00 p.m., Monday through Thursday and 8:00 a.m. to 12:00 p.m., Fridays. Bidding

Documents and Plans will be distributed electronically, please email alicia.gonzales@burgessniple.com for a copy of the documents. No partial sets of Bidding

Documents and Plans will be issued nor accepted.

BONDS: Performance, payment, and warranty bonds shall each be issued in an amount equal to 100% of the Contract Amount as security for all the CONTRACTOR’s obligations under the Contract Documents.

INSURANCE REQUIREMENTS: Bidders shall maintain insurance in the types and amounts indicated in the Contract Documents.

BID GUARANTY: All Bids must be accompanied by a Bid security made payable to Owner in an amount of five percent (5%) of Bidder's maximum Bid price and in the form of a cashier’s check made payable to Hays County Water Control and Improvement District No.

2, or a Bid Bond issued by a surety.

PRE-BID CONFERENCE: A non-mandatory pre-bid conference will be held at the Office of the Engineer at 10:00 a.m. on Thursday, September 3, 2026. Representatives of the

Engineer will be present to discuss the PROJECT.

BIDDER REQUIREMENTS: Bidders and subcontractors shall have completed at least three (3) similar projects in nature within the last five (5) years. All Work shall be guaranteed against defective workmanship and materials for a period of two (2) years from the date of final acceptance by the OWNER.

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P:\PR62787\Contract Documents\Bid Documents\04-00100 Instructions to Bidders.docx

SECTION 00100

INSTRUCTIONS TO BIDDERS

CONSTRUCTION OF HAYS COUNTY WATER CONTROL & IMPROVEMENT

DISTRICT NO. 2 PINNACLE PARK

FOR HAYS COUNTY WCID NO. 2

1.0 SCOPE OF WORK

Hays County Water Control and Improvement District No. 2 will accept electronic bids for construction of the Hays County WCID No. 2 Pinnacle Park. The work includes furnishing all materials, equipment, tools, labor, and incidentals required to construct a

District-owned park and trail facility, including nature trails, concrete trails, and a playscape area. It will be located on two lots within Belterra subdivision: Belterra Section

21-2 and Belterra Section 20-2.

The work shall also include installation, maintenance and removal of erosion and sedimentation controls in accordance with the contract documents, and all local, state, and federal requirements.

2.0 PREPARATION OF BID

In preparing the Bid, Bidder is to reference the definitions located in the General

Conditions and Supplemental Conditions of this bid package. All blanks on the Bid

Form provided shall be completed by printing in ink or by typewriter and the Bid signed.

A price shall be indicated for each item, alternate item, and optional item listed therein.

The Total Base Bid Price will be the sum of all items excluding the optional bid items.

The Bid shall be executed with the complete and correct name of the individual, partnership, firm, corporation or other legal entity. A copy of Articles of Partnership or

Incorporation and resolution, or corporate board minutes empowering signatory to bind

Bidder, attested by an officer of Bidder and affixed with the seal of the corporation, shall be submitted with Bid.

Any corrections to the Bid shall be initialed by person(s) signing Bid. Bids tendered after due date and time designated in these Instructions to Bidders will not be accepted.

Alternate proposals will not be considered. No oral, telegraphic or telephone proposals or modifications will be considered.

3.0 BIDDING DOCUMENTS, PLANS, AND SITE

Before submitting a Bid, the Bidder shall carefully examine the Bidding Documents, Plans, site of the proposed Work, and other conditions that may affect the performance of the Work. Therefore, it will be understood that the Bidder has investigated and is satisfied as to the conditions to be encountered; the character, quality and quantities of

Work to be performed and materials to be furnished and the requirements of the Bidding

Documents and Plans. Submission of a Bid shall be conclusive evidence that the Bidder has complied with these requirements.

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All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing a minimum of ninety-six (96) hours before the bid opening.

Answers to all such requests will be given in writing to all bidders, in Addendum form, and all Addenda will be bound with, and made a part of, the Bidding Documents. Should a Bidder find discrepancies in, or omissions from the Plans or other Bidding Documents, or should he be in doubt as to their meaning, he should at once notify the Engineer in order that a written Addendum may be sent to all bidders. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by

Addenda mailed or delivered to all parties recorded by Engineer as having received the

Bidding Documents seventy-two (72) hours before the opening of bids. The proposal as submitted by the Contractor will be so constructed as to include any Addenda if such are issued by the Engineer twenty-four (24) hours before the opening of bids. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

If any conflicts, errors, ambiguities, or discrepancies are discovered in or between any of the Plans, Bidding Documents, and/or related documents, and if said conflicts, errors, ambiguities, or discrepancies have not been resolved by Engineer through an Addendum, as set forth above, the Bidder shall include in the Bid the greater quantity or better quality of work, or compliance with the more stringent requirement resulting in a greater cost.

Such greater cost shall be included in the Bid.

4.0 BID GUARANTY

All Bids must be accompanied by Bid Security made payable to OWNER in an amount of five percent (5%) of Bidder's maximum Bid price and in the form of a cashier’s check from a national or state bank or a Bid Bond (on the form provided) made payable to Hays

County Water Control and Improvement District No. 2.

The Bid security of the Successful Bidder will be retained until 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 returned. If the

Successful Bidder fails to execute and deliver the Bidding Documents and furnish the required contract security within 7 days after the Notice of Award, OWNER may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of seven days after the

Effective Date of the Agreement or 91 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned.

Bid security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within 25 days after the Bid opening.

5.0 PERFORMANCE, PAYMENT, AND MAINTENANCE BONDS

Performance, payment, and maintenance bonds shall each be issued in an amount equal to 100% of the Contract Amount as security for all the CONTRACTOR’s obligations under the Contract Documents. Performance, payment, and maintenance bonds shall be issued by a solvent company approved by OWNER and authorized to do business in the

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State of Texas, and shall meet any other requirements by law or by OWNER pursuant to applicable law. The maintenance bond shall be for a period of 2 years from the date of final acceptance.

6.0 INSURANCE REQUIREMENTS

CONTRACTOR shall maintain insurance in the types and amounts indicated in paragraph 15 of the Supplemental Conditions.

7.0 BASIS OF BID AND CONSIDERATION OF BID AMOUNT

Bidders shall submit a Bid as described in Section 2.0 above. Submission of a Bid on any section signifies Bidder's willingness to enter into a Contract for that section alone at the price(s) offered.

For the purpose of Bid evaluation, the apparent low responsible Bidder will be determined to be the responsive, qualified, lowest responsible Bidder considering all elements of the Proposal. Total Bid Amount will be determined by OWNER, based on any combination of the Base Bid, Alternate Bid Items, and/or Optional Bid Items.

OWNER reserves the right to reject any or all Bids, or to waive any informalities and irregularities. To meet the overall Project budget and schedule, OWNER also reserves right to delete separate Bid Items submitted for execution of a Contract, to consider

Project completion schedule in determining the apparent low Bidder, and/or to award each phase of the work to separate contractors. The OWNER shall also reserve the right to waive informalities, technical defects, to reject any and all bids, and to accept the bid most advantageous to the Project.

The OWNER may consider as not responsible, any Bidder who typically does not perform work with his own forces for the major portions of the work involved.

If there are discrepancies in the Total Bid amount written on the Bid Form and the sum of the subtotals on the Bid Form, the written Total Bid amount shall govern.

8.0 SUBMISSION OF BID

Bids should be emailed to alicia.gonzales@burgessniple.com no later than 2:00 pm on

September 9, 2026. If requested originals can be mailed to the office of the engineer at:

Burgess & Niple, Inc.

235 Ledge Stone Drive

Austin, TX 78737

ALL BIDS ARE DUE BY 2:00 P.M. ON THE 9TH DAY OF SEPTEMEBER 2026.

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9.0 WITHDRAWAL OF BID

A Bid may be withdrawn by a Bidder, provided an authorized individual of the Bidder submits a written request to withdraw the Bid before the time set for opening the Bids.

10.0 REJECTION OF BIDS

The following may be cause to reject a Bid:

(a) Bids containing omissions, alterations of form, qualifications or conditions not called for by OWNER, incomplete Bids, or Bids which are not accompanied by an acceptable bid guaranty, will be considered in noncompliance and may be rejected. In any case of ambiguity or lack of clarity in the Bid, OWNER reserves the right to determine the most advantageous Bid or to reject the Bid.

(b) Unreasonable or unbalanced unit bid prices.

(c) More than one bid for same Work from an individual, firm, partnership or corporation.

(d) Evidence of collusion among bidders.

(e) Poor performance in execution of work under a previous contract.

(f) Default on previous contracts or failure to execute contract after award.

(g) Evidence of failure to pay Subcontractors, Suppliers, or employees.

OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract

Documents.

11.0 SUBMISSION OF POST BID INFORMATION

Apparent low Bidder shall submit other information as required by OWNER to evaluate

Bid or Bidder to OWNER within five (5) calendar days after apparent low Bidder has been named.

12.0 AWARD AND EXECUTION OF CONTRACT

Award of Contract(s) will be to the lowest, responsible Bidder(s) meeting all requirements and as described in paragraph 7 above. However, OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible. Further, the OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the

Successful Bidder.

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OWNER may consider the qualifications and experience of subcontractors, suppliers, and other persons and organizations proposed for those portions of the contract work as to which the identity of subcontractors, suppliers, and organizations must be submitted as provided in the Supplemental Conditions. OWNER also may consider the operating costs, maintenance requirement, performance data, and guarantees of major items of materials and equipment proposed for incorporation in the scope of contract work when such data is required to be submitted prior to Notice of Award.

OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed subcontractors, suppliers, and other persons and organizations to perform and furnish work in accordance with the Contract Documents to

OWNER’s satisfaction within the prescribed time.

Award of Contract(s) will occur within the period identified on the Bid Form, unless mutually agreed between the parties. Contract will not be binding on OWNER until it has been executed by both parties. OWNER will process the Contract expeditiously;

however, OWNER will not be liable for any delays prior to the award or execution of

Contract(s).

The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, or those substitute or "or-equal" materials and equipment approved by Engineer and identified by Addendum. The materials and equipment described in the Bidding Documents establish a standard of required type, function and quality to be met by any proposed substitute or "or-equal" item. No item of material or equipment will be considered by Engineer as a substitute or "or-equal" unless written request for approval has been submitted by Bidder and has been received by

Engineer at least 15 days prior to the date for receipt of Bids. Each such request shall conform to requirements of paragraph 6.05 of the General Conditions. 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 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.

13.0 CONTRACTOR QUALIFICATIONS

Bids will be received only from CONTRACTORs experienced in all phases of this type of construction. No proposal will be considered unless the Bidder and subcontractor demonstrates that it has constructed at least three (3) similar projects in cost and nature in the last five (5) years. A complete Contractor’s Qualification statement shall accompany the Bid.

14.0 CONTRACT SCHEDULE

The Project should be substantially complete no later than 150 calendar days. The

Contract Times commence to run as provided in paragraph 2.03 of the General

Conditions. The Project shall be completed and ready for final payment in accordance with paragraph 14.07.B of the General Conditions within a period of 180 calendar days.

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Substantially complete shall mean completing the improvements, including the passage of all testing and completion of any necessary adjustments or corrections required by failure to pass any required tests so that the planned improvements are in operation.

Along with the Bid, the Bidder shall also provide a proposed timeline schedule (measured in either days or weeks) indicating milestones for this Contract. Actual dates of completion are not required for the time line schedule. The schedule shall begin with award and include time for material submittal, review by the Engineer, mobilization to the site, site work, utility installation, coordination with other contractors on site, testing and disinfection, and demobilization. This schedule will be included in the Contract

15.0 SUBMITTALS TO BE INCLUDED WITH BIDS

Each Bidder shall submit the following with its Proposal:

• Required Bid Guarantee;

• Names of proposed subcontractors, suppliers, and manufacturers with a description of work to be performed and/or equipment/materials to be supplied, with contact names, phone numbers, and addresses for those to be used on this

Project;

• Resolution of Contractor

• Contractor Qualifications Form

Bidders may be requested to respond to a request for information (RFI) from the

Engineer for clarification or interpretation of items listed for the purpose of evaluating

Bids.

16.0 PRE-BID CONFERENCE

A non-mandatory Pre-bid conference will be held at the Office of the Engineer at 10:00

A.M. on September 3, 2026. Representatives of the Owner and Engineer will be present to discuss the PROJECT. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Any questions or comments regarding the Work of Contract shall be made in writing. Oral statements may not be relied upon and will not be binding or legally effective. Attendance is not mandatory.

Bidders may be requested to respond to a request for information (RFI) from the

Engineer for clarification or interpretation of items listed for the purpose of evaluating

Bids.

17.0 SITE AND OTHER AREAS

The Site is identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes in

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existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents. Along with the Bid, Bidder shall identify the proposed locations of laydown/equipment storage and temporary offices to be used during this

Contract if different from that identified in the Project Documents.

18.0 PROVISION OF TEXAS ETHICS COMMISSION FORM 1295 (“TEC

FORM 1295”) BY BIDDERS:

Effective January 1, 2016, pursuant to Texas Government Code § 2252.908 (the “Act”), the DISTRICT may not approve award the contract to a BIDDER unless the BIDDER has provided to the DISTRICT a completed, signed and notarized TEC Form 1295 that has been assigned a certificate number by the Texas Ethics Commission (the “TEC”).

Pursuant to the rules prescribed by the TEC, TEC Form 1295 must be completed online through the TEC’s website, assigned a certificate number, printed, signed and notarized, and provided to the DISTRICT before submission of a signed contract. TEC Form 1295 may accompany the bid or may be submitted separately, but must be provided to the

DISTRICT prior to the award of the contract. For purposes of completing TEC Form

1295, the entity’s name is Hays County WCID No. 2; the contract ID number is 2026-

0817-01; and the description of goods and services is Construction of Hays County

WCID No. 2 Pinnacle Park. Neither the DISTRICT nor its consultants have the ability or obligation to verify the information included in a TEC Form 1295, and neither have an obligation to nor undertake responsibility for advising any bidder with respect to the proper completion of the TEC Form 1295.

19.0 NO ISRAEL BOYCOTT AND ANTI-TERRORISM

The District may not approve award of the Agreement until it has received from the

Bidder a verification that it does not boycott Israel and does not contract with terrorist organizations pursuant to Chapter 2270 and Chapter 2252 of the Texas Government

Code, respectively.

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P:\PR62787\Contract Documents\Bid Documents\05-00300 Bid Form.docx

SECTION 00300

BID FORM

CONSTRUCTION OF HAYS COUNTY WATER CONTROL AND

IMPROVEMENT DISTRICT PINNACLE PARK

FOR

PROJECT IDENTIFICATION:

This project is for the Hays County Water Control and Improvement District No. 2 Pinnacle Park.

SCOPE OF WORK:

furnishing all materials, equipment, tools, labor, and incidentals required to construct a District-owned park and trail facility, including nature trails, concrete trails, and a playscape area. It will be located on two lots within Belterra subdivision: Belterra Section 21-2 and Belterra Section 20-2.

The work shall also include installation, maintenance and removal of erosion and sedimentation controls in accordance with the contract documents, and all local, state, and federal requirements.

Work in this Contract is generally described by the Contract Documents; titled as follows:

Hays County Water Control and Improvement District No. 2 Pinnacle Park

The City of Austin Standard Construction Specifications current at the time of bidding shall govern materials and methods used to do the work, and are made a part of this Contract. Whenever the term “City of Austin” is used in the City of Austin Specifications, it shall be construed to mean “OWNER, and or its designated representative.” Whenever the term “ENGINEER” is used in the City of Austin Specifications, it shall be construed to mean Burgess & Niple, Inc. Technical Specifications provided are intended to supplement the City Standard Specifications, not to replace them. Any discrepancies between the City Standard Specifications and the terms of this Contract shall be reported to the Engineer, who shall determine which specification shall govern.

CONTRACT IDENTIFICATION:

Project Owner: Hays County Water Control and Improvement District No. 2

Contract: Hays County Water Control and Improvement District No. 2

Pinnacle Park

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THIS BID IS SUBMITTED TO:

Bids should be emailed to alicia.gonzales@burgessniple.com

1.01 In response to the OWNER’s request for Bids, the undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

2.01 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. The Bid will remain subject to acceptance for 90 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of OWNER.

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

A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged (List Addenda by Number and Date).

Addendum No. Addendum Date

B. 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, and performance of the Work.

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

D. 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 or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions.

E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, BF- 3 studies and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto.

F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents.

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

H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents.

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

J. Where conflicts, errors, ambiguities or discrepancies have been discovered in or between Contract Documents and/or other related documents, and where said conflicts, etc., have not been resolved through the interpretations or clarifications by Engineer as described in the Instructions to Bidders, because of insufficient time or otherwise, Bidder has included in the Bid the greater quantity or better quality of Work, or compliance with the more stringent requirement resulting in a greater cost.

K. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted.

4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any 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 individual or entity to refrain from bidding;

and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER.

5.01 Bidder will complete the Work in accordance with the Contract Documents for the price(s) shown on the following Bid Form. The Bid Form will also serve as a schedule of values for the Work to be performed.

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There are no cash allowances for this Contract as described in paragraph 11.02 of the General Conditions.

ITEM DESCRIPTION QNTY UNIT UNIT PRICE TOTAL

1 STABILIZED CONSTRUCTION ENTRANCE 1 EA $ $

2 SILT FENCE 675 LF $ $

3 TREE PROTECTION 218 LF $ $

REMOVE AND REPLACE 4' CONCRETE

SIDEWALK

42 LF

5 RAMP CURBS 2 EA $ $

6 CONCRETE PAVING (REF. DETAIL 1/L3.00) 5,733 SF $ $

7 X' MULCH TRAIL (REF. DETAIL 7/L3.00) 160 LF $ $

ENGINEERED WOOD FIBER (REF. DETAIL

3/L3.00) 2,756 SF $ $

9 SMALL RIVER ROCK (PV-04) 375 SF $ $

10 LARGE RIVER ROCK (PV-05) 211 LF $ $

11 STEEL EDGE (SM-01) 133 LF $ $

12 LIMESTONE BOULDERS (MA-01) 82 LF $ $

13 LIMESTONE STEPPING STONES (MA-02) 29 EA $ $

14 SITE HARVESTED BOULDERS (MA-03) 17 EA $ $

15 PLAY STRUCTURE (SWING SET) 1 LS $ $

PLAY STRUCTURE (EMBANKMENT SLIDE

WITH SIGN) 1 LS $ $

17 PLAY STRUCTURE (LOG CLIMBER) 1 LS $ $

18 PICNIC TABLE (SF-01) 4 EA $ $

19 PLAYGROUND CURBS (REF. DETAIL 4/L3.00) 120 LF $ $

20 PLAYGROUND RAMPS (REF. DETAIL 5/L3.00) 137 SF $ $

21 CULVERT PIPE (REF DETAIL 3/L3.01) 39 LF $ $

22 BALD CYPRESS (4") 2 EA $ $

23 BALD CYPRESS (6") 1 EA $ $

24 CHINKAPIN OAK (6") 1 EA $ $

25 DESERT WILLOW (3") 1 EA $ $

26 CEDAR ELM (3") 1 EA $ $

27 CEDAR ELM (4") 1 EA $ $

28 CEDAR ELM (6") 1 EA $ $

29 LIVE OAK (4") 2 EA $ $

30 FIREBUSH (5 GAL.) 8 EA $ $

31 GREEN CLOUD TEXAS SAGE (5 GAL.) 1 EA $ $

32 RED YUCCA (5 GAL.) 6 EA $ $

33 LINDHEIMER'S MUHLY GRASS (3 GAL.) 13 EA $ $

34 ROCK ROSE (3 GAL.) 9 EA $ $

35 TWISTLEAF YUCCA (5 GAL.) 7 EA $ $

36 TURK'S CAP (3 GAL.) 20 EA $ $

37 ESPERANZA YELLOW BELLS (5 GAL.) 2 EA $ $

REVEGETATION WITH WILDFLOWER SEED

MIX 1 LS $ $

REVEGETATION WITH RESTORATIVE GRASS

SEED MIX 1 LS $ $

40 REVEGETATION WITH ZOYSIA GRASS 1 LS $ $

41 TREE PRUNING 1 LS $ $

$BASE BID TOTAL

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BID ITEM NOTES:

1. Include irrigation improvements needed in applicable bid items, no separate pay.

2. Grading and earthwork should be included in applicable bid items, no separate pay.

3. All disturbed areas shall be revegetated using the seed mix shown on the construction plans. Include all revegetation work in the applicable lump-sum bid items.

Approximate square footage is shown on the plans; however, the contractor shall include any additional areas requiring revegetation, even if they exceed the quantities shown. The cost shall also include erosion control blankets as needed.

6.01 Bidder agrees that Hays County Water Control and Improvement District No. 2 Pinnacle Park shall be substantially complete no later than 150 calendar days. The Contract Times commence to run as provided in paragraph 2.03 of the General Conditions. The Project shall be completed and ready for final payment in accordance with paragraph 14.07.B of the General Conditions within a period of 180 calendar days after the date when the Contract Times commence to run.

6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement.

7.01 The following documents are attached to and made a condition of this Bid:

Each Bidder shall submit the following with its Bid:

A. Required Bid Guarantee;

B. Names of subcontractors, suppliers, and manufacturers with a description of work to be performed and/or equipment/materials to be supplied, with contact names, phone numbers, and addresses for those to be used on this Project;

C. Contractor Qualifications Form, and information listed in the replacement Section D. Estimated Project Schedule;

E. Resolution of Contractor;

F. Proposed locations of laydown/equipment storage and temporary offices to be used during this Contract if different from what is shown on the plans.

8.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

SUBMITTED on _________________, 2026

State Contractor License No. ___________________________

If Bidder is:

An Individual Name (typed or printed):

BF- 6

By: (SEAL) (Individual's signature)

Doing business as:

Business address:

Phone No.: ___________________ FAX No.: __________________ A Partnership

Partnership Name:

By: (SEAL)

(Signature of general partner -- attach evidence of authority to sign)

Name (typed or printed):

Business address:

Phone No.: ___________________ FAX No.: __________________ A Corporation Corporation Name:

State of Incorporation Name:

Type (General Business, Professional, Service, Limited Liability):

By: (SEAL)

(Signature -- attach evidence of authority to sign)

Name (typed or printed):

Title:___________________________

(CORPORATE SEAL)

Attest:

(Signature of Corporate Secretary)

Business address:

Phone No.: ___________________ FAX No.: __________________ Date of Qualification to do business is:

A Joint Venture Joint Venturer Name:

By:

(Signature of joint venture partner -- attach evidence of authority to sign)

Name (typed or printed):

Title:___________________________ Business address:

Phone No.: ___________________ FAX No.: __________________

Joint Venturer Name:

BF- 7

By:

(Signature -- attach evidence of authority to sign)

Name (typed or printed):

Title:___________________________ Business address:

Phone No.: ___________________ FAX No.: __________________

Phone and FAX Number, and Address for receipt of official communications:

(Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.)

PENAL SUM FORM

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P:\PR62787\Contract Documents\Bid Documents\06-00410 Bid Bond.doc

SECTION 00410

BID BOND

BIDDER (Name and Address):

SURETY (Name and Address of Principal Place of Business):

OWNER (Name and Address):

BID

BID DUE DATE:

PROJECT (Brief Description Including Location):

BOND

BOND NUMBER:

DATE: (Not later than Bid due date):

PENAL SUM:

(Words) (Figures)

IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative.

BIDDER SURETY

(Seal) (Seal)

Bidder's Name and Corporate Seal Surety's Name and Corporate Seal

By: By:

Signature and Title Signature and Title

(Attach Power of Attorney)

Attest Attest

Signature and Title Signature and Title

Note: (1) Above addresses are to be used for giving required notice.

(2) Any singular reference to Bidder, Surety, OWNER or other party shall be considered plural where applicable.

PENAL SUM FORM

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P:\PR62787\Contract Documents\Bid Documents\06-00410 Bid Bond.doc

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.

2. Default of Bidder shall occur 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

3. This obligation shall 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 by 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 and 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 shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent.

6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder shall be in writing and sent to

Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or

Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power or Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

11. The term "Bid" as used herein includes a Bid, offer, or proposal as applicable.

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P:\PR62787\Contract Documents\Bid Documents\07-Contractor Qualifications.doc

SECTION 00200

CONTRACTOR’S QUALIFICATION

The Owner desires to contract with Contractor which is fully qualified and experienced to perform the work on this project.

The bidder is required to supply the following information to the Owner along with the Bid.

Additional sheets may be attached if necessary.

(1) Name ______________________________________________________________

(2) Address ____________________________________________________________ City _____________________ STATE ___________ ZIP CODE ___________

(3) Phone Number ________________________ Fax Number ____________________

(4) Type of Firm:

( ) Individual ( ) Partnership ( ) Corporation

(5) Corporation organized under the laws of the State of: _______________________

(6) List the Names and addresses of all members of the firm or names and titles of all officers of the corporation.

(Name) (Address)

(7) Number of years experience under present firm name: ______________________

(8) Number of years experience in construction work of the type called for in this contract as: A general contractor ______________; A subcontractor ______________.

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(9) List at least five (5) similar projects in cost and nature completed as of recent date: List most recent first.

(10) Has your firm ever defaulted on a contract? __________ If so, where and why? _______

(11) Are you at present in any litigation or lawsuits involving construction work of any type?

_______ Yes __________ No. If yes, please explain: ___________________

(12) Attach a list of your major equipment owned that is available for this contract.

Quantity Description, Size, Capacity, etc. Condition Years in

Service

Present

Location

Contract Amount Class of Work

Date

Completed

Owner’s and Design Engineer’s

Name, Address & Telephone

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(13) Attach a list of all current work under contract and/or under construction.

Contract

Amount

Type of

Work

Percent

Complete Owner’s Name, Address & Telephone

(14) List the name and address of each subcontractor who will perform work in or about the work or improvements in excess of one-half (1/2) of one (1%) percent of the total bid price and indicate what part of the work will be done by each subcontractor:

Name Address Portion of Work

Sublet

CQS-4

(15) List all jobs your company or any principal in your company performed in which a trench failure injury occurred:

Name of Job Location Date

(16) Describe mechanic’s or material-men’s liens that have been filed against the company within the last three (3) years and the status of their disposition.

The signatory of this questionnaire guarantees the truth and accuracy of all statements herein made and all answers herein expressed.

Dated this _________ day of _________________, 20_______.

By: ___________________________________ Title: ___________________________________

State of _______________

County of ______________

Subscribed and sworn to before me this __________ day of ______________, 20_______.

Notary Public ________________________________

My Commission Expires: ________________________________

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P:\PR62787\Contract Documents\Bid Documents\08-00500 Agreement.docx

SECTION 00500

STANDARD FORM OF AGREEMENT

BETWEEN OWNER AND CONTRACTOR

ON THE BASIS OF A STIPULATED PRICE

THIS AGREEMENT is by and between Hays County Water Control and

Improvement District No. 2 (hereinafter called OWNER) and .

(hereinafter called CONTRACTOR).

OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1 - WORK

1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract furnishing all materials, equipment, tools, labor, and incidentals required to construct a

District-owned park and trail facility, including nature trails, concrete trails, and a playscape area. It will be located on two lots within Belterra subdivision: Belterra Section

21-2 and Belterra Section 20-2.

The work shall also include installation, maintenance and removal of erosion and sedimentation controls in accordance with the contract documents, and all local, state, and federal requirements.

The City of Austin Standard Construction Specifications current at the time of bidding shall govern materials and methods used to do the work, and are made a part of this

Contract. Whenever the term “City of Austin” is used in the City of Austin

Specifications, it shall be construed to mean “OWNER, and or its designated representative.” Whenever the term “ENGINEER” is used in the City of Austin

Specifications, it shall be construed to mean Burgess & Niple, Inc. Technical

Specifications provided are intended to supplement the City Standard Specifications, not to replace them. Any discrepancies between the City Standard Specifications and the terms of this Contract shall be reported to the Engineer, who shall determine which specification shall govern.

ARTICLE 2 - THE PROJECT

2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows:

This project consists of construction and performing all operations to construct the Hays County WCID No. 2 Pinnacle Park.

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ARTICLE 3 - ENGINEER

3.01 The Project has been designed by Burgess & Niple, Inc., 235 Ledge Stone Drive, Austin, TX, 78737, 512-432-1000 (phone), 512-432-1015 (fax) who is hereinafter called

Engineer and who is to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract

Documents in connection with the completion of the Work in accordance with the

Contract Documents.

ARTICLE 4- CONTRACT TIMES

4.01 Time of the Essence

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

Contract.

The CONTRACTOR is advised that contracts for other portions of the Project may be awarded to other Contractors. Coordination with other Contractors working concurrently on the site is necessary for timely completion of the Project.

4.02 Days to Achieve Substantial Completion and Final Payment

Belterra Trail Extension shall be substantially complete no later than 150 calendar days. The Contract Times commence to run as provided in paragraph 2.03 of the

General Conditions. The Project shall be completed and ready for final payment in accordance with paragraph 14.07.B of the General Conditions within a period of 180 calendar days.

4.03 Liquidated Damages

A. CONTRACTOR and OWNER recognize that time is of the essence of this

Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER the amount specified below for each day that expires after the time specified in paragraph

4.02 for Substantial Completion until the Work is substantially complete. After

Substantial Completion, if the remaining Work is not completed within the Contract

Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay

OWNER the same amount specified for liquidated damages for each day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. The liquidated damages shall

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be $1,000.00 per calendar day.

ARTICLE 5 - CONTRACT PRICE

5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 5.01.A.

A. For all Work, an amount equal to the sum of the established unit price for each identified item times the estimated quantity of that item as indicated in Attachment 1 of this Agreement: The Contract amount is ___________________ ($__________).

As provided in paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by

Engineer and/or OWNER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03 of the General Conditions.

There are no cash allowances for this Contract.

ARTICLE 6 - PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments

A. CONTRACTOR shall submit Applications for Payment in accordance with

Article 14 of the General Conditions. Applications for Payment will be processed by

Engineer as provided in the General Conditions.

6.02 Progress Payments; Retainage

A. OWNER shall make partial payments as the Work progresses on account of the

Contract Price on the basis of CONTRACTOR's Applications for Payment on or about the 25th day of each month during performance of the Work as provided in paragraphs

6.02.A.1 and 6.02.A.2 below. All such payments will be measured by the schedule of values established in paragraph 2.07.A, and in the case of Unit Price Work, based on number of units completed:

1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions:

90% of Work completed (with the balance being retainage).

2. Upon Substantial Completion, if requested in writing by CONTRACTOR, OWNER may pay an amount sufficient to increase total payments to CONTRACTOR to

95% of the Work completed (with the balance being retainage), less such amounts as

Engineer shall determine in accordance with paragraph 14.02.B.5 of the General

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Conditions and less 100% of Engineer's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion.

6.03 Final Payment

A. Upon final completion and acceptance of the Work in accordance with paragraph

14.07…