CSB 26-03 Bid Documents.pdf

City of Helotes

Competitive Seal Bid

Bid Reference Number: CSB 26-03

Project Title: Helotes Fitness Park Parking Lot Improvements

Bid Closing Date: 2:00 P.M. (CST), Thursday, September 3, 2026

Original and one (1) copy and one media source required.

No bids submitted after the above deadline will be accepted.

Contact: City of Helotes Public Works Department at CVullo@helotes-tx.gov and Ricardo Zamora with Ardurra at rzamora@ardurra.com

CITY OF HELOTES

CSB 26-03

HELOTES FITNESS PARK-

PARKING LOT IMPROVEMENTS

Prepared by:

TBPE FIRM NO. F-10053

70 NE Loop 410, Suite 905 San Antonio, Texas 78216

Ph: (210) 822-2232 Fax: (210) 822-4032

AUGUST 2026

08/20/2026

CSB 26-03 HELOTES FITNESS PARK-PARKING LOT IMPROVEMENTS

Table of Contents

SECTION 1 - BID ADVERTISEMENT

SECTION 2 - INSTRUCTIONS TO BIDDERS

1 - DEFINED TERMS

2 - BIDDING DOCUMENTS REQUIRED

3 - QUALIFICATIONS OF BIDDERS

4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE

5 - PRE-BID CONFERENCE

6 - SITE AND OTHER AREAS

7 - INTERPRETATIONS AND ADDENDA

8 - BID SECURITY

9 - CONTRACT TIMES

10 - LIQUIDATED DAMAGES

11 - SUBSTITUTE AND “OR-EQUAL” ITEMS

12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS

13 - PREPARATION OF BID

14 - BASIS OF BID; EVALUATION OF BIDS

15 - SUBMITTAL OF BID

16 - MODIFICATION AND WITHDRAWAL OF BID

17 - OPENING OF BIDS

18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE

19 - AWARD OF CONTRACT

20 - CONTRACT SECURITY AND INSURANCE

21 - SIGNING OF AGREEMENT

22 - SALES AND USE TAXES

23 - RETAINAGE

24 - CONTRACTS TO BE ASSIGNED

25 - PARTNERING

SECTION 3 SCOPE OF WORK

1. Description of Work

SECTION 4 PROJECT SPECIFICATIONS AND SPECIAL PROVISIONS

SECTION 5 GENERAL CONDITIONS

1 - DEFINITIONS

2 - TERMINOLOGY

3 - PRELIMINARY MATTERS

4 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE

5 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS

6 - BONDS AND INSURANCE

7 - CONTRACTOR’S RESPONSIBILITIES

8 - OWNER’S RESPONSIBILITIES

9 - OWNER’S STATUS DURING CONSTRUCTION

10 - CHANGES IN THE WORK; CLAIMS

11- COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK

12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES

13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK

14 - PAYMENTS TO CONTRACTOR AND COMPLETION

15 - SUSPENSION OF WORK AND TERMINATION

16 - DISPUTE RESOLUTION

17 - MISCELLANEOUS

SECTION 6 SUPPLEMENTARY CONDITIONS

1 - DEFINITIONS & TERMINOLOGY

2 – AVAILABILITY OF LANDS

3 – SUBSURFACE AND PHYSICAL CONDITIONS

4 – CERTIFICATES OF INSURANCE

5 – STREET AND DRIVEWAY CLOSING

6 – HAZARD COMMUNICATIONS PROGRAM

7 – WATER FOR CONSTRUCTION

8 - POWER FOR CONSTRUCTION

9 - SANITARY PROVISIONS

SECTION 7 WAGES AND COMPENSATION

1 - GENERAL STATEMENT

2 - WAGE & HOUR OFFICE, PUBLIC WORKS, RESPONSIBILITIES

3 - CLAIMS & DISPUTES PERTAINING TO WAGE RATES

4 - BREACH OF WAGE & LABOR STANDARDS PROVISIONS

5 - EMPLOYMENT OF LABORERS/MECHANICS NOT LISTED IN WAGE DETERMINATION DECISION

6 - OVERTIME COMPENSATION ON NON-FEDERALLY FUNDED PROJECTS

7 - PAYMENT OF CASH EQUIVALENT FRINGE BENEFITS

8 - WORK CONDUCTED ON HOLIDAYS – NON-FEDERALLY FUNDED PROJECTS

9 - UNDERPAYMENT OF WAGES OR SALARIES

10 - POSTING WAGE DETERMINATION DECISIONS AND NOTICE TO LABORERS’/ MECHANICS’

STATEMENTS

11 - PAYROLLS & BASIC PAYROLL RECORDS

12 - LABOR DISPUTES

13 - COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES

14 - “ANTI-KICKBACK” PROVISION

15 - “FALSE INFORMATION”

16 - JOB SITE CONDITIONS

17 - EMPLOYMENT OF CERTAIN PERSONS PROHIBITED

18 - PROVISIONS TO BE INCLUDED IN SUBCONTRACTS

19 - GENERAL INDEPENDENT CONTRACTOR CLAUSE

20 - HOT GOODS CLAUSE

21 - PROTECTION OF LIVES AND HEALTH

22 - ANTI-DISCRIMINATION IN EMPLOYMENT

SECTION 8 OTHER CONDITIONS

1 - MATERIAL SUBMITTAL

2 - SCHEDULE OF WORK

3 - SEQUENCE OF WORK

4 - NOTIFICATION

5 - STREET CLOSING

6 - BARRICADES AND FLAGMEN

7 - WATER FOR CONSTRUCTION

8 - BID QUANTITIES

9 - UTILITY AND SIGN ADJUSTMENT

10 - WATER VALVE COVERS, MANHOLES, AND STREET REFLECTORS

11 - INSPECTION

12 - DAMAGE TO EXISTING STREETS

13 - CONDITION OF THE SITE

14 - PROTECTION OF WORK, PROPERTY AND PERSONS

15 - CARE AND PROTECTION OF PROPERTY

16 - PROTECTION OF LIVES AND HEALTH

17 - PROJECT CONSTRUCTION SITE

ATTACHMENT A PREVAILING WAGES

ATTACHMENT B BID FORM

ATTACHMENT C BID BOND

ATTACHMENT D STANDARD FORM OF AGREEMENT

ATTACHMENT E NOTICE TO PROCEED

ATTACHMENT F PERFORMANCE BOND

ATTACHMENT G PAYMENT BOND

ATTACHMENT H CONTRACTOR’S DISCLOSURE STATEMENT

ATTACHMENT I TERMS & CONDITIONS

ATTACHMENT J HAZARD COMMUNICATIONS

ATTACHMENT K CONFLICT OF INTEREST QUESTIONNAIRE

ATTACHMENT L FORM 1295 - TEXAS ETHICS COMMISSION

ATTACHMENT M TECHNICAL SPECIFICATIONS

CHECK LIST OF ITEMS TO SUBMIT WITH BID

Attachment B – Bid Form with Addenda Acknowledgement (if any)

Attachment C – Bid Bond

Attachment H – Contractor’s Disclosure Statement

Attachment K – Conflict of Interest Questionnaire

Proof of Insurance, including Worker’s Compensation Insurance

SECTION 1 - BID ADVERTISEMENT

Advertisement for CSB 26-03 HELOTES FITNESS PARK-PARKING LOT IMPROVEMENTS for the City of Helotes.

Sealed bids will be received until 2:00 P.M. on Thursday, September 3, 2026, by the City Secretary at the City of Helotes City Hall, 12951 Bandera Rd, Helotes, TX 78023. Bids will be publicly opened and read aloud at 2:00 P.M. on Thursday, September 3, 2026, in the City Council Chamber of the Helotes City Hall, located at 12951 Bandera Rd, Helotes, TX 78023.

City of Helotes (City) is proposing improvements including the widening of the park driveway and expansion of the parking lot for the Helotes Fitness Park.

Bid/Contract Documents, including Drawings and Technical Specifications are located at www.civcastusa.com. There is no cost to view the bid documents and can be downloaded and printed through the website. Sets of hard copies of the Bid Documents will not be sold.

For any questions regarding this solicitation, technical questions or additional information, please contact Ricardo Zamora, P.E, with Ardurra Group Inc., in writing via email, at rzamora@ardurra.com and at www.civcastusa.com until 3:00 P.M. on Thursday, August 27, 2026. Answers to the questions will be posted to www.civcastusa.com as part of an addendum.

Bidders must use the bid form provided in the specifications and submit bid in a sealed envelope.

The outside of the envelope must be clearly endorsed “CSB 26-03 HELOTES FITNESS PARK- PARKING LOT IMPROVEMENTS”, ATTN: City Secretary. Each bid shall be accompanied by a bid guarantee in the form of a certified check, cashier’s check, or bid bond in the amount of five percent (5%) of the total bid price. Any bid received after closing time will be rejected and returned unopened.

The successful bidder will be required to furnish a one hundred percent (100%) Performance Bond and a one hundred percent (100%) Payment Bond.

The City of Helotes reserves the right to reject any and all bids, to award the bid to the lowest responsible bidder or to the bidder who provides the best value to the City, and to waive any informality or technicality in the bid. The City intends to take action within sixty (60) days after the bid opening.

SECTION 2 - INSTRUCTIONS TO BIDDERS

1 - DEFINED TERMS

1.1 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof:

A. Bidder--The individual or entity who submits a Bid directly to OWNER.

B. Issuing Office--The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered.

C. Successful Bidder--The lowest responsible Bidder submitting a responsive Bid to whom OWNER (on the basis of OWNER’s evaluation as hereinafter provided) makes an award.

D. Owner - City of Helotes

E. Engineer – Ardurra Group, Inc

2 - BIDDING DOCUMENTS REQUIRED

2.1 Complete Bidding Documents are available electronically only and may be downloaded online at www.civcastusa.com.

2.2 Complete sets of Bidding Documents must be used in preparing Bids;

OWNER assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

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

3 - QUALIFICATIONS OF BIDDERS

3.1 To demonstrate Bidder’s qualifications to perform the Work, within five days of OWNER’s request Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below:

A. Name, address and telephone number of the bonding company, authorized to do business in the State of Texas, which would furnish Payment and Performance Bonds in the amount of your bid;

B. Name, address and telephone number of the insurance company, authorized to do business in the State of Texas, which would furnish Certificate(s) of Insurance per the requirements in the Other Conditions and General Conditions.

C. If CONTRACTOR plans to utilize subcontractors for this project, also furnish all of the requested information on the subcontractor’s firm(s).

D. CONTRACTOR shall complete and submit with their bid, CONTRACTOR’S Disclosure Statement, which form is included in this document.

E. CONTRACTOR shall submit with their bid, a copy of their Worker’s Compensation insurance certificate.

4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE

4.1 Subsurface and Physical Conditions

A. There are no reports of explorations and test of subsurface conditions for this project.

4.2 Underground Facilities

A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER by owners of such Underground Facilities, including OWNER, or others.

4.3 Hazardous Environmental Condition

A. There are no reports or drawings relating to a Hazardous Environmental Condition identified at the Site.

4.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work.

4.5 Reference is made to the identification of the general nature of other work that is to be performed at the Site by OWNER or others (such as utilities and other prime contractors) that relates to the Work for which a Bid is to be submitted. On request, OWNER will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such other work.

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

A. examine and carefully study the Bidding Documents, including any Addenda and the other related data identified in the Bidding Documents;

B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

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

D. obtain and carefully study (or assume responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, 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 any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto;

E. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents;

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

G. correlate 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;

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

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

4.7 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given OWNER written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by OWNER are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

5 - PRE-BID CONFERENCE

5.1 There will not be a pre-bid conference for this project.

6 - SITE AND OTHER AREAS

6.1 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.

7 - INTERPRETATIONS AND ADDENDA

7.1 All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINEER via www.civcastusa.com and by email with “CSB

26-03 HELOTES FITNESS PARK-PARKING LOT IMPROVEMENTS” placed in the subject line to Ricardo Zamora P.E., Ardurra Group, Inc. at RZAMORA@ARDURRA.COM. Once an email is received by the ENGINEER, a received response will be emailed back to the sender. It is the sender’s responsibility to verify receipt of email. Questions will be accepted until 3:00 p.m. on Thursday, August 27, 2026. Answers to the questions will be posted to www.civcastusa.com as part of an addendum.

7.2 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER.

8 - BID SECURITY

8.1 A Bid must be accompanied by Bid security made payable to OWNER in an amount of 5% of Bidder’s maximum Bid price and in the form of a certified check, a cashier’s check, or a Bid Bond issued by a surety meeting the requirements set forth herewith.

8.2 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 Contract Documents and furnish the required contract security within 15 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 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned.

8.3 Within seven days from the date the bid is awarded by City Council, bid securities in the form of a Certified Check or a Cashier’s Check of non-successful Bidders will be returned.

9 - CONTRACT TIMES

9.1 The number of days within which, or the dates by which, the Work is to be (a) Substantially Completed and (b) also completed and ready for final payment are set forth in the Agreement. The work to be performed under this contract shall commence within the time stipulated by the City in the Notice to Proceed and shall be fully completed within ninety (90) calendar days thereafter.

10 - LIQUIDATED DAMAGES

10.1 Provisions for liquidated damages, if any, are set forth in the Agreement (Section 6.3 of Performance Bond).

11 - SUBSTITUTE AND “OR-EQUAL” ITEMS

11.1 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or “or-equal” items. Whenever it is specified or described in the Bidding Documents that a substitute or “or-equal” item of material or equipment may be furnished or used by CONTRACTOR if acceptable to OWNER, application for such acceptance will not be considered by OWNER until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTRACTOR and consideration by OWNER is set forth in the General Conditions and may be supplemented in the General Requirements.

12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.1 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to OWNER a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by OWNER. If OWNER, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, OWNER may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, without an increase in the Bid.

12.2 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, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which OWNER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER subject to revocation of such acceptance after the Effective Date of the Agreement.

12.3 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, Individual, or entity against whom CONTRACTOR has reasonable objection.

13 - PREPARATION OF BID

13.1 The Bid form is included with the Bidding Documents.

13.2 All blanks on the Bid form shall be completed by clearly printing in ink or by typewriter and the Bid signed.

13.3 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature.

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

13.5 A Bid by a limited liability company shall be executed in the name of the firm by a member 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 below the signature.

13.6 A Bid by an individual shall show the Bidder’s name and official address.

13.7 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid form. The official address of the joint venture must be shown below the signature.

13.8 All names shall be typed or clearly printed in ink below the signatures.

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

13.10 The address, telephone number, and email address for communications regarding the Bid shall be shown.

13.11 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder’s state contractor license number for the state of the Project, if any, shall also be shown on the Bid form.

14 - BASIS OF BID; EVALUATION OF BIDS

14.1 Lump Sum

A. Bidders shall submit a Lump Sum price for the total project per plans and specifications.

B. Discrepancies between words and figures will be resolved in favor of the words.

14.2 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents.

15 - SUBMITTAL OF BID

15.1 Each prospective Bidder will be furnished with one copy of the Bidding Documents.

15.2 For consideration, a Bid shall be submitted no later than the date and time prescribed and at the place indicated in the bid advertisement and shall be enclosed in an opaque sealed envelope plainly marked with “CSB 26-03 HELOTES FITNESS PARK-PARKING LOT IMPROVEMENTS”, the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation “BID ENCLOSED”. A mailed Bid shall be addressed to:

City of Helotes City Hall

12951 Bandera Rd, Helotes, TX 78023

16 - MODIFICATION AND WITHDRAWAL OF BID

16.1 Once a Bid is submitted, it may be withdrawn or retrieved for the purpose of modification prior to the deadline date and time. If a Bid is retrieved for modification, it is the Bidders responsibility to make sure the bid is properly sealed and labeled and resubmitted prior to the deadline.

16.2 If within 24 hours after Bids are opened any Bidder provides a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

17 - OPENING OF BIDS

17.1 Bids will be opened at the time and place indicated in the advertisement or invitation to Bid and, unless obviously non-responsive, read aloud publicly.

18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.1 All Bids will remain subject to acceptance for the period of time stated in the Bid form.

19 - AWARD OF CONTRACT

19.1 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.

OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder. 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.

19.2 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

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

19.4 In evaluating Bidders, OWNER will consider the qualifications of Bidders and the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted.

19.5 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.

19.6 City Council will either reject any or all bid or award the contract to the lowest responsible bidder or to the bidder who provides goods or services at the best value for the municipality.

20 - CONTRACT SECURITY AND INSURANCE

20.1 When the Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by such Bonds and certificates of insurance.

21 - SIGNING OF AGREEMENT

21.1 When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER. Within ten days thereafter, OWNER shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification.

22 - SALES AND USE TAXES

22.1 The City is an exempt entity for the purpose of sale tax.

A. The purchase of tangible personal property or a taxable service for this project is exempt from sales tax to the extent allowed by Title 34, Texas Administration Code §3.291.

B. Bidders must include all applicable taxes in their cost of their work.

C. Exemption notice will be provided upon request.

23 - RETAINAGE

23.1 Provisions concerning CONTRACTOR’s rights to deposit securities in lieu of retainage are set forth in the Agreement.

24 - CONTRACTS TO BE ASSIGNED

24.1 Bidders may examine the documents for these contracts at the Issuing Office.

25 - PARTNERING

25.1 OWNER does not intend to participate in a partnering process with

CONTRACTOR.

SECTION 3 SCOPE OF WORK

1. Description of Work

City of Helotes (City) is proposing improvements including the reconstruction and widening of the park driveway and expansion of the parking lot for the Helotes Fitness Park.

SECTION 4 PROJECT SPECIFICATIONS AND SPECIAL PROVISIONS

1. Unless otherwise noted, modified by this section, or directed by the ENGINEER, all materials and methods of construction shall be in accordance with City of San Antonio, San Antonio Water System and TxDOT Standard Specifications for Construction (most current edition) and associated special provisions.

2. City of San Antonio, San Antonio Water System and TxDOT Standard Specifications for Construction and associated Special Provisions are made a part of this section by reference. It is the responsibility of all bidders to be familiar with these documents prior to submitting a bid. All items are available online at:

http://www.sanantonio.gov/TCI/CurrentVendorResources/StandardSpecification sandDetails.aspx http://www.saws.org/ https://www.dot.state.tx.us/business/specifications.htm

3. All spoil materials salvaged by operations shall become the property of the contractor.

Reuse for subsequent items in this contract will require the prior approval of the Engineer.

4. Unless specifically identified with a pay item, excavation and the removal of existing materials shall be considered unclassified excavation and subsidiary to completion of the project.

5. The contractor shall secure TPDES permits prior to mobilization. In addition to measures provided for in the permit, the Contractor also shall provide silt fence, sediment traps and other Sediment Control measures as directed by the ENGINEER.

All sediment control measures and cleaning of existing streets impacted by the contractor’s work shall be subsidiary to completion of the project.

6. Temporary Traffic Control shall conform to Part 6, Texas Manual on Uniform Traffic Control Devices (TMUTCD), current edition. (No Separate Pay).

7. Contractor will be responsible for all material testing as outlined in Section 13 of the General Conditions.

8. Contractor shall match existing curb size and type on all roadways where curb or curb and gutter replacement is required.

9. Contractor shall regrade and repair any landscaping adjacent to any concrete curb, curb and gutter, sidewalk, and driveway replacement for a width of five (5) feet and adjacent to any edge of pavement for a width five (5) feet by regrading the area with 4” topsoil and replacing seed, sod, rocks, irrigation, signs, etc. To match pre-project conditions. This work will not be paid for separately but shall be considered subsidiary to the installation of the concrete curb, curb and gutter, sidewalk, and driveway and asphalt.

10. All questions received in accordance with the email provisions (Instructions to Bidders, 7.1) by 12:00 pm the day prior to the Pre-Bid Conference will be addressed at the conference. An addendum will be issued subsequent to the Pre-Bid Conference that will address these and other questions that arise at the conference.

SECTION 5 GENERAL CONDITIONS

1 - DEFINITIONS

Defined Terms – Wherever used in the Contract Documents and printed with initial or all capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof.

A. Addenda--Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the Contract Documents.

B. Agreement--The written instrument which is evidence of the agreement between

OWNER and CONTRACTOR covering the Work.

C. Application for Payment--The form acceptable to OWNER which is to be used by

CONTRACTOR during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents.

D. Asbestos--Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration.

E. Bid--The offer or proposal of a bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

F. Bidding Documents--The Bidding Requirements and the proposed Contract

Documents (including all Addenda issued prior to receipt of Bids).

G. Bidding Requirements--The Advertisement or Invitation to Bid, Instructions to

Bidders, Bid security form, if any, and the Bid form with any supplements.

H. Bonds--Performance and payment bonds and other instruments of security.

I. Change Order--A document recommended by OWNER which is signed by

CONTRACTOR and OWNER and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement.

J. Claim--A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim.

K. Contract--The entire and integrated written agreement between the OWNER and

CONTRACTOR concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral.

L. Contract Documents--The Contract Documents establish the rights and obligations of the parties and include the Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR’s Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders, and OWNER’s written interpretations and clarifications issued on or after the Effective Date of the Agreement. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents.

Files in electronic media format of text, data, graphics, and the like that may be furnished by OWNER to CONTRACTOR are not Contract Documents.

M. Contract Price--The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement.

N. Contract Times--The number of days or the dates stated in the Agreement to: (i) achieve Substantial Completion; and (ii) complete the Work so that it is ready for final payment as evidenced by OWNER’s approval of final payment.

O. CONTRACTOR--The individual or entity with whom OWNER has entered into the

Agreement.

P. Drawings--That part of the Contract Documents prepared or approved by OWNER which graphically shows the scope, extent, and character of the Work to be performed by CONTRACTOR. Shop Drawings and other CONTRACTOR submittals are not Drawings as so defined.

Q. Effective Date of the Agreement--The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver.

R. OWNER's Consultant--An individual or entity having a contract with OWNER to furnish services as OWNER’s independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions.

S. Field Order--A written order issued by OWNER which requires minor changes in the Work, but which does not involve a change in the Contract Price or the Contract Times.

T. Hazardous Environmental Condition--The presence at the Site of Asbestos, PCBs, Petroleum, U. Hazardous Waste or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work.

V. Hazardous Waste--The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time.

W. Laws and Regulations; Laws or Regulations-- Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction.

X. Liens--Charges, security interests, or encumbrances upon Project funds, real property, or personal property.

Y. Milestone--A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work.

Z. Notice of Award--The written notice by OWNER to the apparent successful bidder stating that upon timely compliance by the apparent successful bidder with the conditions precedent listed therein, OWNER will sign and deliver the Agreement.

AA. Notice to Proceed--A written notice given by OWNER to CONTRACTOR fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform the Work under the Contract Documents.

BB. OWNER--The individual, entity, public body, or authority with whom

CONTRACTOR has entered into the Agreement and for whom the Work is to be performed.

CC. Partial Utilization--Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work.

DD. PCBs--Polychlorinated biphenyls.

EE. Petroleum-- Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and

14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils.

FF. Project--The total construction of which the Work to be performed under the

Contract Documents may be the whole, or a part as may be indicated elsewhere in the Contract Documents.

GG. Project Manual--The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents.

HH. Radioactive Material--Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time.

II. Resident Project Representative--The authorized representative of OWNER who may be assigned to the Site or any part thereof.

JJ. Samples--Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged.

KK. Shop Drawings--All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work.

LL. Site--Lands or areas indicated in the Contract Documents as being furnished by

OWNER upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by OWNER which are designated for the use of CONTRACTOR.

MM. Specifications--That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto.

NN. Subcontractor--An individual or entity having a direct contract with

CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the Site.

OO. Substantial Completion--The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of OWNER, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof.

PP. Supplementary Conditions--That part of the Contract Documents which amends or supplements these General Conditions.

QQ. Supplier--A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor.

RR. Underground Facilities--All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.

SS. Unit Price Work--Work to be paid for on the basis of unit prices.

TT. Work--The entire completed construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents.

UU. Work Change Directive--A written statement to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times.

VV. Written Amendment--A written statement modifying the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the non-engineering or nontechnical rather than strictly construction-related aspects of the Contract Documents.

2 - TERMINOLOGY

A. Intent of Certain Terms or Adjectives

1. Whenever in the Contract Documents the terms “as allowed,” “as approved,” or terms of like effect or import are used, or the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of OWNER as to the Work, it is intended that such action or determination will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to OWNER any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of the Contract Documents.

B. Day -- The word “day” shall constitute a calendar day of 24 hours measured from midnight to the next midnight.

C. Defective -- The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents or does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to OWNER’s approval of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion.

D. Furnish, Install, Perform, Provide

1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition.

2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use.

3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use.

4. When “furnish,” “install,” “perform,” or “provide” is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of CONTRACTOR, “provide” is implied.

E. Unless stated otherwise in the Contract Documents, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning.

3 - PRELIMINARY MATTERS

3.1 Delivery of Bonds

A. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish.

3.2 Copies of Documents

A. OWNER shall furnish to CONTRACTOR up to two copies of the Contract

Documents. Additional copies will be furnished upon request at the cost of reproduction.

3.3 Commencement of Contract Times; Notice to Proceed

A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier.

3.4 Starting the Work

A. CONTRACTOR shall start to perform the Work on the date when the Contract

Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run.

3.5 Before Starting Construction

A. CONTRACTOR’s Review of Contract Documents: Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. CONTRACTOR shall promptly report in writing to OWNER any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from OWNER before proceeding with any Work affected thereby;

however, CONTRACTOR shall not be liable to OWNER for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless CONTRACTOR knew or reasonably should have known thereof.

B. Preliminary Schedules: Within ten days after the Effective Date of the Agreement

(unless otherwise specified in the General Requirements), CONTRACTOR shall submit to OWNER for its timely review:

1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents;

2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing, and processing such submittal; and

3. a preliminary schedule of values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work.

C. Evidence of Insurance: Before any Work at the Site is started, CONTRACTOR and OWNER shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which CONTRACTOR and OWNER respectively are required to purchase and maintain.

D. The CONTRACTOR shall be responsible for the notifying all property owners within and adjacent to the project twenty-for (24) hours prior to commencing construction operations. Said notice shall be in writing and in a form acceptable to the OWNER.

E. Prior to the start of the project, the CONTRACTOR shall identify to the OWNER, any tree limbs which overly and interfere with the work. Said limbs are to be removed by the OWNER.

3.6 Preconstruction Conference

A. Within 20 days after the Contract Times start to run, but before any Work at the Site is started, a conference attended by CONTRACTOR, OWNER, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules, procedures, processing Applications for Payment, and maintaining required records.

3.7 Initial Acceptance of Schedules

A. Unless otherwise provided in the Contract Documents, at least ten days before submission of the first Application for Payment a conference attended by CONTRACTOR, OWNER, and others as appropriate will be held to review for acceptability to OWNER as provided below the schedules submitted.

CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until acceptable schedules are submitted to

OWNER.

1. The progress schedule will be acceptable to OWNER if it provides an orderly progression of the Work to completion within any specified Milestones and the Contract Times. Such acceptance will not impose on OWNER responsibility for the progress schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR’s full responsibility, therefore.

2. CONTRACTOR’s schedule of values will be acceptable to OWNER as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work.

4 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE

4.1…