Freeport Ave F PS Rehab - IFB Specifications.pdf

CONTRACT DOCUMENTS

FOR CONSTRUCTION OF

Freeport Avenue F Pump Station Rehab

Project No. FRE25143 (GLO No. 24-065-007-E164)

August 2026

THIS PAGE INTENTIONALLY LEFT BLANK

Design Professional Seals 00 01 07 - 1

FRE25143 – Freeport Avenue F Pump Station Rehab

00 01 07 DESIGN PROFESSIONAL SEALS

Specification Sections Sealed

01 11 00 Summary of Work

01 23 10 Alternatives and Allowances

01 26 00 Change Management

01 31 00 Project Management and Coordination

01 31 13 Project Administration

01 33 00 Document Management

01 33 02 Shop Drawings

01 33 03 Product Data

01 33 04 Operation and Maintenance Data

01 33 05 Construction Progress Schedule

01 33 06 Graphic Documentation

01 40 00 Quality Management

01 40 01 IBC Special Inspections

01 50 00 Temporary Facilities and Controls

01 57 00 Temporary Controls

01 57 23 Temporary Stormwater Pollution Control

01 60 00 Product Requirements

01 70 00 Execution and Closeout Requirements

01 74 23 Final Clearing

01 75 00 Starting and Adjusting

01 79 00 Training of Operation and Maintenance

Personnel

02 41 00 Demolition

09 95 00 Coatings for Water Storage Tanks

09 96 00 High Performance Coatings

31 05 13 Soils for Earthwork

31 05 16 Aggregates for Earthwork

31 23 23.24 Flowable Fill

31 23 33 Trenching and Backfill

31 23 36 Trench Safety

32 91 19.13 Topsoil Placement and Grading

32 92 13 Hydro-Mulching

33 05 01.02 Ductile Iron Pipe and Fittings

33 05 05.31 Hydrostatic Testing

33 10 13 Disinfecting of Water Utility Distribution

40 05 61 Gate Valves

40 05 65.23 Swing Check Valves

40 05 79 Air Valves

40 05 97 Identification of Process Piping and Equipment

40 73 13 Pressure Gauges

43 23 21 Horizontal Split-Case Centrifugal Pumping

Units

FREESE AND NICHOLS, INC.

TEXAS REGISTERED ENGINEERING FIRM F- 2144

8/25/2026

Design Professional Seals 00 01 07 - 2

26 01 26 Testing of Electrical Systems

26 05 00 Common Work Results for Electrical

26 05 10 Electrical Demolition

26 05 19 Low Voltage Electrical Conductors and Cables

26 05 23 Control Voltage Electrical Power Cables

26 05 26 Grounding and Bonding for Electrical Systems

26 05 29 Hangers and Supports for Electrical Systems

26 05 33 Raceways and Boxes for Electrical Systems

26 05 53 Identification for Electrical Systems

26 28 16 Enclosed Switches and Circuit Breakers

03 11 00 Concrete Forming

03 21 00 Reinforcing Steel

03 30 00 Cast-In-Place Concrete

31 23 10 Structural Excavation and Backfill

DRAFT

THIS DOCUMENT IS RELEASED FOR THE

PURPOSE OF INTERIM REVIEW UNDER

THE AUTHORITY OF ANTHONY

DUNDEE, P.E., TEXAS NO. 138835 ON

7/30/2026. IT IS NOT TO BE USED FOR

CONSTRUCTION, BIDDING OR PERMIT

PURPOSES.

07/31/2026

PURPOSE OF INTERIM REVIEW UNDER

THE AUTHORITY OF JOHN MANNING,

P.E., TEXAS NO. 95784 ON 7/30/2026.

IT IS NOT TO BE USED FOR

08/03/26

Design Professional Seals 00 01 07 - 3

07 52 16.11 SBS Modified Bituminous Roofing

08 11 13 Hollow Metal Doors and Frames

09 91 00 Painting

END OF SECTION

PURPOSE OF INTERIM REVIEW UNDER

THE AUTHORITY OF HOMER SAENZ,

ARCHITECT, TEXAS NO. 25047 ON

7/30/2026. IT IS NOT TO BE USED FOR

7/30/2026

Table of Contents 00 01 10 - 1

00 01 10 TABLE OF CONTENTS

Section Title

Division 00 Procurement and Contracting Requirements

00 01 01 Project Cover Sheet

00 01 07 Design Professional Seals

00 01 10 Table of Contents

00 11 16 Invitation to Bid

00 21 13 Instructions to Offerors

00 41 13 Bid Form

00 41 16 Bid Form Exhibit A

00 43 13 Bid Bond

00 45 01 Nonresident Bidders

00 45 02 Non-Collusion Certification

00 45 03 Conflict of Interest Questionnaire

00 45 04 State Sales Tax Requirements

00 52 13 Agreement

00 72 00 General Conditions

00 73 00 Supplementary Conditions

00 73 16 Insurance Requirements

00 73 17 Texas Workers’ Compensation Insurance

00 73 43 Wage Rate Requirements

00 73 46 Wage Determination Schedule

00 74 00 Special Conditions for General Land Office Community Development Block Grant

Division 01 General Requirements

01 11 00 Summary of Work

01 23 10 Alternates and Allowances

01 26 00 Change Management

01 29 00 Application for Payment Procedures

01 29 01 Measurement and Basis for Payment

01 31 00 Project Management and Coordination

01 31 13 Project Administration

01 33 00 Document Management

01 33 02 Shop Drawings

01 33 03 Product Data

01 33 04 Operation and Maintenance Data

01 33 05 Construction Progress Schedule

01 33 06 Graphic Documentation

01 40 00 Quality Management

01 40 01 IBC Special Inspections

01 50 00 Temporary Facilities and Controls

01 57 00 Temporary Controls

Table of Contents 00 01 10 - 2

Section Title

01 57 23 Temporary Stormwater Pollution Control

01 60 00 Product Requirements

01 70 00 Execution and Closeout Requirements

01 74 23 Final Cleaning

01 75 00 Starting and Adjusting

01 79 00 Training of Operation and Maintenance Personnel

Division 02 Existing Conditions

02 41 00 Demolition

Division 03 Concrete

03 11 00 Concrete Forming

03 21 00 Reinforcing Steel

03 30 00 Cast-In-Place Concrete

Division 07 Openings

07 11 13.01 Concrete Vault Bituminous Dampproofing

Division 08 Openings

08 11 13 Hollow Metal Doors and Frames

Division 09 Finishes

09 91 00 Painting

09 95 00 Coatings for Water Storage Tanks

09 96 00 High-Performance Coatings

Division 26 Electrical

26 01 26 Testing of Electrical Systems

26 05 00 Common Work Results for Electrical

26 05 10 Electrical Demolition

26 05 19 Low-Voltage Electrical Power Conductors and Cables

26 05 23 Control-Voltage Electrical Power Cables

26 05 26 Grounding and Bonding for Electrical Systems

26 05 29 Hangers and Supports for Electrical Systems

26 05 33 Raceways and Boxes for Electrical Systems

26 05 53 Identification for Electrical Systems

26 28 16 Enclosed Switches and Circuit Breakers

Division 31 Earthwork

31 05 13 Soils for Earthwork

31 05 16 Aggregates for Earthwork

31 23 10 Structural Excavation and Backfill

Table of Contents 00 01 10 - 3

Section Title

31 23 23.34 Flowable Fill

31 23 33 Trenching and Backfill

31 23 36 Trench Safety

Division 32 Exterior Improvements

32 91 19.13 Topsoil Placement and Grading

32 92 13 Hydro-Mulching

Division 33 Utilities

33 05 01.02 Ductile Iron Pipe and Fittings

33 05 05.31 Hydrostatic Testing

33 10 13 Disinfection of Water Utility Distribution

Division 40 Process Integration

40 05 61 Gate Valves

40 05 65.23 Swing Check Valves

40 05 79 Air Valves – Ball/Float Style

40 05 97 Identification for Process Piping and Equipment

40 73 13 Pressure Gauges

Division 43 Process Gas & Liquid Handling

43 23 21 Horizontal Split-Case Centrifugal Pumping Units

Table of Contents 00 01 10 - 4

Invitation to Bid 00 11 16 - 1

FRE25143 – City of Freeport Avenue F Pump Station Rehab

00 11 16 INVITATION TO BID

The City of Freeport will receive bids for the City of Freeport Water Improvements: Avenue F Pump Station

Rehab, GLO-CDR Contract No. #24-065-007-E164, CFDA #14.228, federally funded by a Community

Development Block Grant until 2 p.m., on September 29th, 2026, electronically at the Civcast procurement website. The bids will be opened and read aloud at 3 p.m. the same day via a Teams link provided on Civcast.

A non-mandatory pre-bid conference will be held on September 10th, 2026, at 10 a.m. at Freeport City Hall. A tour of the site will be held following the pre-bid conference. Prospective Offerors attending the site tour are required to arrange their own transportation to the Site.

Bids are invited for several items and quantities of work as follows:

The project entails the rehabilitation of the Avenue F Pump Station including the following:

- Installation of a new exterior slab pump station and associated appurtenances

- Rehabilitation and repurposing of the existing pump station building for use as an electrical room

- Removal of old pumps and piping

Bid/Contract Documents, including Drawings and Technical Specifications can be found in the Civcast procurement website, and at the following address:

City of Freeport

200 W 2nd St

Freeport, Texas 77541

Copies of the Bid/Contract Documents may be examined free of charge at the City of Freeport City Hall. To obtain general information and bidders list for the project, please go the Civcast procurement website.

A bid bond in the amount of 5 percent of the bid issued by an acceptable surety shall be submitted with each bid.

A certified check or bank draft payable to the City of Freeport or negotiable U. S. Government Bonds (as par value) may be submitted in lieu of the Bid Bond.

Attention is called to the fact that the successful bidder must comply with:

• Paying not less than the federally determined prevailing (Davis-Bacon and Related Acts) wage rate, as issued by the Department of Labor H.U.D. and contained in the contract documents.

• Ensure that employees and applicants for employment are not discriminated against because of race, color, religion, sex, sexual orientation, gender identity, age or national origin.

• Section 3 of the Housing and Urban Development Act of 1968, as amended, the regulations set forth in 24

CFR Part 135, and all applicable rules and orders.

The City of Freeport reserves the right to reject any or all bids or to waive any informalities in the bidding.

Bids may be held by the City of Freeport for a period not to exceed 30 days from the date of the bid opening for the purpose of reviewing the bids and investigating the bidder’s qualifications prior to the contract award.

City of Freeport Dr. Danielle Kelly, City Manager

All contractors/subcontractors that are debarred, suspended, or otherwise excluded from or ineligible for participation on federal assistance programs may not undertake any activity in part or in full under this project.

Minority Business Enterprises, Small Business Enterprises, Women Business Enterprises, and labor surplus area firms are encouraged to submit bids. Any person with disability requiring special accommodations must contact the City of Freeport no later than 7 days prior to the bid opening.

The City of Freeport is an equal opportunity employer.

1st Publication Date: August 30th, 2026

2nd Publication Date: September 6th, 2026

Invitation to Bid 00 11 16 - 2

FRE25143 – City of Freeport Avenue F Pump Station Rehab

Instructions to Offerors 00 21 13 - 1

00 21 13 INSTRUCTIONS TO OFFERORS

ARTICLE 1 – DEFINED TERMS

1.01 The terms used in these Instructions to Offerors have the meanings assigned to them in the General Conditions and Supplementary Conditions.

ARTICLE 2 – RECEIPT OF BIDS

2.01 Refer to Section 00 11 16 “Invitation to Bid” for information on receipt of Bids.

ARTICLE 3 – COPIES OF CONTRACT DOCUMENTS

3.01 Obtain a complete set of the Contract Documents as indicated in Section 00 52 13 “Agreement.”

3.02 Use complete sets of Contract Documents in preparing Bids. Offeror assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents.

3.03 Owner makes copies of Contract Documents available for the sole purpose of obtaining Bids for completion of the Project and does not confer a license or grant permission or authorization for any other use.

ARTICLE 4 – QUALIFICATIONS STATEMENT

4.01 Submit information as required in Section 00 45 13 “Qualifications Statement” within 5 days of the date Bids are due if requested to do so by the Owner.

ARTICLE 5 – EXAMINATION OF THE CONTRACT DOCUMENTS AND THE SITE

5.01 Examine the Contract Documents, the Site, and other information readily available before submitting a Bid.

A. Examine the Contract Documents and supplemental data:

1. Carefully study the Contract Documents.

2. Carefully study supplemental information, including Technical Data, record drawings from previous projects, available utility maps, reports, and studies referenced or made available to the Offeror.

3. Promptly notify the Construction Manager of all conflicts, errors, ambiguities, or discrepancies that the Offeror discovers in the Contract Documents, Addenda, and supplemental information.

4. Determine that the Contract Documents, Addenda, and supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work to the degree necessary to prepare a Bid for the Project.

5. Make observations and investigations, correlate knowledge and observations with the requirements of the Contract Documents, and consider these in preparation of a Bid for the Project.

Instructions to Offerors 00 21 13 - 2

B. Become familiar with all federal, state, and local Laws and Regulations that may affect cost, progress, or the completion of Work.

C. Visit the Site to become familiar with any general, local, or Site conditions that may affect the cost, progress, or performance of the Work in any manner. The Site is generally accessible to the public. Coordinate access to private property through the Owner. A tour of the Site will be conducted at the pre-bid conference.

D. Subsurface exploration is not allowed.

E. The submission of a Bid will constitute an incontrovertible representation by the Offeror that the Offeror has complied with every requirement of this Article, and that without exception the Bid is premised on the following:

1. Work will be completed in accordance with the Contract Documents for the Contract Price within the Contract Times;

2. Offeror has given the Construction Manager written notice of all conflicts, errors, ambiguities, and discrepancies that the Offeror has discovered in the Contract Documents, Addenda, and the related supplemental data;

3. Written resolutions provided by the Construction Manager are acceptable to the Offeror; and

4. Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work.

ARTICLE 6 – PRE-BID CONFERENCE

6.01 A non-mandatory pre-bid conference will be held at the time and location indicated in Section 00 11 16 “Invitation to Bid.”

ARTICLE 7 – INTERPRETATIONS AND ALTERNATE BIDS

7.01 Submit all questions about the meaning or intent of the Contract Documents, Addenda, and the related supplemental data to the Construction Manager using the procurement website as indicated in Section 00 11 16 “Invitation to Bid.”

7.02 Submit any offer of alternate terms and conditions or offer of Work not in strict compliance with the Contract Documents to the Construction Manager no later than 10 days after the date Project is advertised. Construction Manager and Design Professional will issue Addenda as appropriate if any of the proposed changes to the Contract Documents are accepted. A Bid submitted with clarifications or taking exceptions to the Contract Documents, except as modified by Addenda, will be considered non-responsive.

7.03 Offeror may submit a separate and additional Bid if the Offeror includes exceptions or the Offeror wishes to make a Bid that is not in accordance with the terms and conditions of the Contract Documents, or for Work that is not in strict compliance with the Contract Documents.

Describe the intent and substance of the changes in the additional Bid in adequate detail so they are clearly understood. Alternate Bids will not be considered in the evaluation of the Bids. Upon selection of the Bid of the lowest responsible Offeror, and after the award of the Contract, the

Instructions to Offerors 00 21 13 - 3

Construction Manager may issue a Request for a Change Proposal if Owner chooses to accept any Bid alternates.

7.04 Addenda may be issued to clarify, correct, or change the Contract Documents, Addenda, or the related supplemental data as deemed advisable by the Owner or Designer.

ARTICLE 8 – BID SECURITY

8.01 Offerors must submit an acceptable bid bond as Bid Security with their Bids as required by Section 00 11 16 “Invitation to Bid.” The acceptable bid bond must be issued by a surety legally authorized to do business in Texas and meet the requirements of the General Conditions.

8.02 Owner may annul the Notice of Award and retain the Bid Security of the apparent Successful Offeror upon Offeror’s failure to execute and deliver the Agreement or Amendments to the Agreement.

8.03 Bid Securities are to remain in effect until the Contract is executed. Bid bonds will become void when the Contract is awarded, or all Bids are rejected.

ARTICLE 9 – CONTRACT TIMES

9.01 See applicable provisions for Contract Times in the Agreement.

ARTICLE 10 – LIQUIDATED DAMAGES, RETAINAGE, AND INTEREST

10.01 Provisions for liquidated damages and the payment of retainage and interest are set forth in the Agreement.

ARTICLE 11 – PREPARATION OF THE BID FORM

11.01 The Bid Form is included with the Contract Documents and is also available at the procurement website. Complete all blanks on the Bid Form by typing or printing in ink. Indicate prices for each item or alternate shown in the Bid Form.

11.02 Execute the Bid Form as indicated in the document and include evidence of authority to sign.

11.03 Acknowledge receipt of all Addenda by filling in the number and date of each Addendum.

Provide a signature as indicated to verify that the Addenda were received. A Bid that does not acknowledge the receipt of all Addenda may be considered non-responsive.

11.04 Provide the name, address, and telephone number of the individual to be contacted for any communications regarding the Bid in the Bid Form.

11.05 Provide evidence of the Offeror’s authority and qualification to do business in Texas or agree to obtain such qualification prior to award of the Contract. Failure to obtain this qualification will render the Bid non-responsive and Offeror will forfeit its Bid Security.

ARTICLE 12 – CONFIDENTIALITY OF BID INFORMATION

12.01 The Owner is a governmental body subject to the limitation of Tex. Gov’t Code Chapter 552 and has limited obligations with regard to protecting confidential information submitted by Offerors.

Bids will be opened in a manner that avoids disclosure of trade secrets and confidential information to competing Offerors and keeps the Bids from the public until a contract is

Instructions to Offerors 00 21 13 - 4 awarded. The Owner will protect trade secrets and confidential information to the extent allowed by Laws and Regulations.

12.02 Clearly indicate which specific documents are considered to be trade secrets or confidential information by stamping or watermarking all such documents with the word “confidential” prominently on each page or sheet or on the cover of bound documents. Place “confidential” stamps or watermarks so that they do not obscure any of the required information on the document, either in the original or in a way that would obscure any of the required information in a photocopy of the document. Submit all confidential information in a different binder so this confidential material is separate from the rest of the Bid.

12.03 The Owner, upon receiving an application or other request for the disclosure of confidential information, will promptly notify Offeror of the request as required by Section 552.305 and request a ruling by the Texas Attorney General as to whether any such information may be released.

12.04 Offeror acknowledges and agrees that it will be solely responsible for submitting any arguments, authorities, or other information to the Attorney General of Texas regarding release of the information marked as confidential as provided by Section 552.305(b) and that if disclosure is required, the Owner has no liability for releasing this information and Offeror will not be entitled to exercise any remedy for a disclosure made pursuant to the Chapter 552.

12.05 The obligations of the Owner as recipient with respect to confidential information under the terms of this Agreement are subject to the following exceptions:

A. If confidential information becomes a part of the public domain through publication or otherwise but through no fault of the Owner;

B. Owner can demonstrate through suitable documentation that the confidential information was already in the Owner’s possession or otherwise publicly available prior to the date of disclosure hereunder;

C. The confidential information is subsequently disclosed to the Owner by a third party who has a lawful right to disclose such information; or

D. The Owner is required to disclose the confidential information by court order or by applicable law.

12.06 If the Owner is requested or becomes legally compelled (by oral questions, interrogatories, requests for information or documents, subpoena, civil or criminal investigative demand, public information requests, including requests under Chapter 552, or similar process) or is required by a regulatory body to make any disclosure that is prohibited or otherwise constrained by this Agreement, the Owner will provide Offeror with prompt notice of this request so that it may seek an appropriate protective order or other appropriate remedy.

ARTICLE 13 – DELIVERY OF BIDS

13.01 Complete and deliver the Bid Form along with all required documents identified in the Bid Form.

13.02 Submit the Bid no later than the date and time prescribed and at the place indicated in Section 00 11 16 “Invitation to Bid.” Enclose the Bid in an opaque sealed envelope plainly marked with the Project name and the name and address of the Offeror, along with the Bid Security and other required documents. Enclose the sealed envelope containing the Bid in a separate envelope plainly marked on the outside with the notation “BID ENCLOSED” if the Bid is

Instructions to Offerors 00 21 13 - 5 sent by mail or other delivery system. Address the outer envelope to the mailing address shown in Section 00 11 16 “Invitation to Bid.” Offeror assumes full responsibility for ensuring that the Bid arrives at the prescribed location before the prescribed time.

ARTICLE 14 – MODIFICATION OR WITHDRAWAL OF BIDS

14.01 Modify or withdraw a Bid using a document executed in the same manner that a Bid must be executed. Deliver the document to the place where Bids are to be submitted prior to the date and time for the opening of Bids.

14.02 An Offeror may withdraw its Bid within 24 hours after Bids are opened if the Offeror files a signed written notice with the Owner and promptly thereafter demonstrates to the reasonable satisfaction of the Owner that there was a material and substantial mistake in the preparation of its Bid. The Bid Security will be returned if it is clearly demonstrated to the Owner that there was a material and substantial mistake in its Bid. An Offeror that requests to withdraw its Bid under these conditions may be disqualified from responding to a reissued Invitation to Bid for the Work to be furnished under these Contract Documents.

ARTICLE 15 – OPENING OF BIDS

15.01 Bids will be opened at the time and place indicated in Section 00 11 16 “Invitation to Bid.” The Owner will publicly acknowledge receipt of Bids received in time to be considered and then open and read aloud the names of the Offerors and the amount bid as required by applicable Laws and Regulations.

ARTICLE 16 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

16.01 All Bids will remain subject to acceptance for the number of days specified in Section 00 11 16 “Invitation to Bid.” The Owner may, at its sole discretion, release any Bid and return the Bid Security prior to the end of this period.

ARTICLE 17 – EVALUATION OF BIDS

17.01 The Owner will consider the proposed Contract Price and Contract Times and the qualifications of the Offerors to determine the lowest responsible Offeror.

17.02 Owner will consider earlier completion dates in selecting the Contractor for the Project. The value of this early completion will be determined by calculating the number of days between the Offeror’s proposed completion dates and the Owner’s completion dates indicated in Section 00 11 16 “Invitation to Bid.” This number of days will be multiplied by the Liquidated Damages amounts indicated in the Agreement to determine the value of early completion. This value for early completion will be used to adjust the Contract Price when evaluating the proposed Contract Price. The calculation is solely for the evaluation of Bids and does not alter the Contract Price from the amounts included in the Bid.

17.03 Owner may conduct such investigations as it deems necessary to establish the responsibility, qualifications, and financial ability of consultants, individuals, or entities proposed to furnish parts of the Work in accordance with the Contract Documents.

Instructions to Offerors 00 21 13 - 6

17.04 Each Offeror agrees to waive any claim it has or may have against the members of the OPT and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any Bid.

17.05 Notwithstanding any other provision of the Contract Documents, it is stipulated and agreed that by accepting a Bid, the Owner has not and does not waive its sovereign immunity from suit and/or liability.

ARTICLE 18 – AWARD OF CONTRACT

18.01 Owner reserves the right to reject any and all Bids, including non-conforming, non-responsive, or conditional Bids. The Owner may also reject the Bid of any Offeror if the Owner believes that it would not be in the best interest of the Owner to make an award to that Offeror. The Owner reserves the right to waive all formalities.

18.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered, except as additional Bids in accordance with Article 7. Reasonable grounds for believing that any Offeror has an interest in more than one Bid for the Work will be cause for disqualification of that Offeror and the rejection of all Bids in which that Offeror has an interest.

18.03 The Contract will be awarded to the lowest responsible Offeror if a contract is to be awarded.

18.04 Owner may consider the following in evaluating the Bids and awarding the Contract:

A. Offeror's qualifications and ability to demonstrate current capability to complete the Project in conformance with the requirements of the Contract Documents.

B. Compliance of the Bids with requirements of the Contract Documents.

C. Alternates and unit prices if requested in the bid forms.

D. The amount bid.

E. Proposed date of completion and the ability to meet intermediate Milestones that may have been established for the Project.

ARTICLE 19 – BONDS AND INSURANCE

19.01 The General Conditions set forth the Owner’s requirements as to bonds and insurance. When the Successful Offeror delivers the executed Agreement to the Owner, it must be accompanied by the performance and payment bonds and required evidence of insurance.

19.02 Provide performance and payment bonds for this Project that fully comply with the provisions of Tex. Gov’t Code Chapter 2253. Administration of these bonds will conform to Chapter 2253 and the provisions of the Contract Documents.

ARTICLE 20 – SIGNING OF THE AGREEMENT

20.01 The Notice of Award to the Successful Offeror will be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents that are identified in the Agreement. The Successful Offeror must sign and deliver the required number of counterparts of the Agreement and attached documents to the Owner within 15 days. The

Instructions to Offerors 00 21 13 - 7

Owner will deliver two fully signed counterparts to the Successful Offeror within 10 days after receiving the signed documents from the Successful Offeror.

20.02 The Successful Offeror must also complete and submit a Certificate of Interested Parties (Form 1295) to the Owner as required by Tex. Gov’t Code Chapter 2252 with the signed Agreement.

ARTICLE 21 – SALES AND USE TAXES

21.01 The Owner generally qualifies as a tax-exempt agency as defined by the statutes of the State of Texas and is usually not subject to any local or state sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. Offerors assume responsibility for including any applicable sales taxes in their Bids and for complying with all applicable statutes and rulings of the State of Texas Comptroller.

21.02 It is the Owner’s intent to have this Contract qualifies as a “separated contract.” In order for this Contract to qualify:

A. Obtain a sales tax permit from the State of Texas Comptroller if awarded this Contract.

B. Identify the dollar value of materials exempt from the sales tax. This information must be reported in Section 00 45 04 “State Sales Tax Requirements.” Bids that do not include the information requested in this Section may be considered non-responsive.

21.03 The Owner does not qualify as a tax-exempt agency as defined by the statutes of the State of Texas and may be subject to local or state sales or use taxes. Offerors assume responsibility for including any applicable sales taxes in their Bids and for complying with all applicable statutes and rulings of the State of Texas Comptroller.

ARTICLE 22 – WAGE RATES

22.01 This Contract is subject to Tex. Gov’t Code Chapter 2258 concerning payment of prevailing wage rates. Requirements for paying the prevailing wage rates are discussed in Section 00 73 43 “Wage Rate Requirements.” A schedule listing the minimum wage rates for various classifications of laborers which have been established by the Owner for this Project are included in Section 00 73 46 “Wage Determination Schedule.” Offerors will be required to pay at least the minimum wages shown on this list and comply with all applicable federal, state, and local Laws and Regulations related to the payment of prevailing wage rates.

ARTICLE 23 – FUNDING AGENCY PROVISIONS

23.01 This Project is funded in whole or in part by the General Land Office Community Development Block Grant (Funding Agency). The Funding Agency requires specific conditions and reporting as a condition for providing this funding. The conditions and reporting forms of the Funding Agency are included in the Contract Documents in Section 00 74 00 “Special Conditions for CDBG.”

23.02 Complete and provide the following documents with the Bid:

Specification Section Title

00 74 00 Statutory Assurances and Compliances 00 74 00 Certification of Non-Segregated Facilities 00 74 00 Contractor’s Local Opportunity Plan

Instructions to Offerors 00 21 13 - 8

Specification Section Title

00 74 00 Noncollusion Affidavit of Prime Bidder 00 74 00 Contractor Certifications 00 74 00 Section 504 Certification

00 74 00 Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative Agreements

00 74 00 Verification to not Boycott Israel 00 74 00 Conflict of Interest Questionnaire 00 74 00 Disclosure Form 00 74 00 Certificate of Interested Parties 00 74 00 Attorney’s Review Certification

23.03 The Funding Agency requirements govern in the event of any conflict between the Funding Agency requirements and any other provision of the Contract Documents.

Bid Form 00 41 13 - 1

00 41 13 BID FORM

ARTICLE 1 – BID RECIPIENT

1.01 Offeror submits this Bid to:

City of Freeport 200 W. 2nd St.

Freeport, TX 77541 Attention: Dr. Danielle Kelly Freeport Avenue F Pump Station Rehab

ARTICLE 2 – OFFEROR’S ACKNOWLEDGMENTS

2.01 Offeror proposes and agrees, if this Bid is accepted, to enter into an Agreement with the Owner on the form included in the Contract Documents and to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Offeror agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with all terms and conditions of the Contract Documents.

2.02 Offeror accepts all terms and conditions of Section 00 11 16 “Invitation to Bid” and Section 00 21 13 “Instructions to Offerors.”

2.03 Offeror accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement.

2.04 Offeror acknowledges receipt of the following Addenda:

Addendum No. Addendum Date Signature Acknowledging Receipt

ARTICLE 3 – OFFEROR’S REPRESENTATIONS

3.01 Offeror has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents.

3.02 Offeror 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.

3.03 Offeror is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work.

3.04 Offeror has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions:

A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site;

B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site;

Bid Form 00 41 13 - 2

C. Underground Facilities referenced in reports and drawings;

D. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and

E. Technical Data related to each of these reports and drawings.

3.05 Offeror has considered the:

A. Information known to the Offeror;

B. Information commonly known to contractors doing business in the locality of the Site;

C. Information and observations obtained from visits to the Site; and

D. The Contract Documents.

3.06 Offeror has considered the items identified in this Article with respect to the effect of such information, observations, and documents on:

A. The cost, progress, and performance of the Work;

B. The means, methods, techniques, sequences, and procedures of construction to be employed by Offeror; and

C. Offeror’s safety precautions and programs.

3.07 Offeror agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents based on the information and observations referred to in the preceding paragraphs.

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

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

3.10 Offeror has given the Construction Manager written notice of all conflicts, errors, ambiguities, or discrepancies that the Offeror has discovered in the Contract Documents, and the written resolution provided by the Construction Manager is acceptable to the Offeror.

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

3.12 Offeror’s submittal of a Bid constitutes an incontrovertible representation that, without exception, all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.

ARTICLE 4 – BASIS OF OFFER

4.01 Offeror will complete the Work in accordance with the Contract Documents at the unit prices shown in the attached in Section 00 41 16 “Bid Form Exhibit A”:

A. Extended amounts have been computed in accordance with the General Conditions.

Bid Form 00 41 13 - 3

B. Offeror acknowledges that the estimated quantities are not guaranteed, and final payment for all unit price items will be based on actual quantities provided, measured as provided in the Contract Documents.

C. Unit prices will be used to compute the actual Bid price.

ARTICLE 5 – TIME OF COMPLETION

5.01 Offeror agrees that the Work will be Substantially Complete and will be completed and ready for final payment in accordance with the General Conditions within the number of calendar days indicated in Section 00 41 16 “Bid Form Exhibit A.”

ARTICLE 6 – ATTACHMENTS TO THIS BID

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

A. Section 00 41 16 “Bid Form Exhibit A.”

B. Section 00 43 13 “Bid Bond.”

C. Section 00 45 01 “Nonresident Bidders.”

D. Section 00 45 02 “Non-Collusion Certification.”

E. Section 00 45 03 “Conflict of Interest Questionnaire.”

F. Section 00 45 04 “State Sales Tax Requirements.”

ARTICLE 7 – VENUE

7.01 Offeror agrees that venue will lie exclusively in Brazoria County, Texas for any legal action.

Bid Form 00 41 13 - 4

ARTICLE 8 – BID DELIVERY

8.01 This Bid is submitted by:

Offeror:

(typed or printed name of organization)

Signature:

(individual’s signature)

Name:

(typed or printed)

Title:

(typed or printed

Address for giving notices:

Phone: Email:

(Attach evidence of authority to sign if Offeror is a corporation, partnership, or a joint venture.)

Project: Project No.:

Owner: FRE25143

Design Professional:

Offeror:

Item No. Item Description Unit Estimated

Quantity Unit Price Extended Amount

A-01 Mobilization LS 1

A-02 Site Work (SWPPP Regrading, Fencing, etc.) LS 1

A-03 Demolition and Decommissioning LS 1

A-04 Pump Station Slab, Piping, and Appurtenances LS 1

A-05 Yard Piping, Appurtenances, and Connections LS 1

A-06 Trench Safety LF 120

A-07 Electrical and Control Components LS 1

A-08 Recoat CMU of Existing Pump Station Building LS 1

A-09 Replace Roof of Existing Pump Station Building LS 1

A-10 Replace Existing Door and Frame of Existing Pump Station EA 1

A-11 Relocation of Existing Site Utilities LS 1

A

B

C

I-01 Add or Deduct: Remove 1 Horizontal Split-Case Pump and Associated

Appurtenances to the 8" Gate Valves and add 2 - 8" Blind Flanges

LS 1

I-02 24' by 40' Footprint, 16' Tall, Metal Roof Rain Covering for the Pump

Station, Compelte in Place

LS 1

I-03 HVAC System for the Rehabilitated Electrical Building in Place of the

Existing Fan and Louver

LS 1

I-04

Recoat Existing 500,000 Welded Steel Ground Storage with EN-02 Zinc

Rich Primer/Polysiloxane Exterior Coating System and IW-03 Zinc Rich

Primer/100% Solids Epoxy Interior Coating System

EA 2

J

K

L Offeror agrees to reach Substantial Completion in days

M Offeror agrees to reach Final Completion in days

Offeror:

Signature:

Printed Name:

Title:

Date:

BID SUBMITTED BY:

Total Base Bid Items Amount (Sum of Extended Amounts for each Base Bid Line Item)

Add (+) or Deduct (-) (See Note 1)

Total Adjusted Base Bid Amount (A plus B)

Total Amount for Alternates for Consideration (Sum of Extended Amounts for Each Alternate Line Item)

Total Base Bid with Allowance and Alternates for Consideration (Sum of C and J)

Provision is made for Offeror to include an addition or deduction in the Bid to reflect any last minute adjustments in price. The addition or deduction, if made, will be applied proportionately to the following Items: A-04 Pump Station Slab, Piping, and Appurtenances.

Notes

Alternates to be considered for inclusion in the Contract per Section 01 23 10 "Alternates and Allowances"

Contract Time

00 41 16 Bid Form Exhibit A

Items in Base Bid (excluding Allowances) per Section 01 29 01 "Measurement and Basis for Payment"

Base Bid

Freeport Avenue F Pump Station Rehab

City of Freeport

Freese and Nichols

Bid Form Exhibit A

FRE25143 - Freeport Avenue F Pump Station Rehab

00 41 16-1

Bid Bond 00 43 13 - 1

00 43 13 BID BOND

Offeror as Principal Surety

Name: Name:

Mailing address (principal place of business): Mailing address (principal place of business):

Owner Physical address (principal place of business):

Name:

Mailing address (principal place of business):

Telephone (Main):

Telephone (Claims):

Contract Surety’s state of incorporation:

Project name and number: By submitting this bond, Surety affirms it is authorized to do business and licensed to execute bonds in the state where the Project is located.

Local Agent for Surety

Bid/Proposal Due Date: Name:

Bond Company:

Contract Price Offered: Mailing address (principal place of business):

Penal Sum of Bond:

5% of Contract Price offered

Date of Bond: Telephone (Main):

Bid Bond 00 43 13 - 2

Surety and Offeror, intending to be legally bound by this bond, do each cause this bond to be duly executed on its behalf by its authorized officer, agent, or representative. Surety and Offeror bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if Owner accepts the Offeror’s Bid or Proposal and Offeror delivers the executed Agreement and the required bonds and evidence of insurance within the time stipulated in the Bidding or Proposal Documents this obligation is null and void. Payment under this bond will be due and payable upon default by Offeror and within 30 days after receipt by Offeror and Surety of written notice of default from Owner. This Agreement shall be administered and interpreted under the laws of the state where the Project is located.

Venue lies exclusively in [specify name of county and state] for any legal action.

Offeror as Principal Surety

Signature: Signature:

Name: Name:

Title: Title:

Email: Email:

(Attach Power of Attorney)

Nonresident Bidders 00 45 01 - 1

00 45 01 NONRESIDENT BIDDERS

Texas Government Code Chapter 2252 applies to the award of government contracts to nonresident bidders. This chapter provides that:

“a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident’s principal place of business is located.”

“Nonresident bidder” refers to a person who is not a resident of Texas.

“Resident bidder” refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state.

Check the statement that is correct for Offeror:

☐ Offeror (includes parent company or majority owner) qualifies as a resident bidder whose principal place of business is in Texas.

☐ Offeror qualifies as a nonresident bidder whose principal place of business or residency is in the state of:

Any determination of state bidder preference law will be based on the Texas Comptroller’s annual summary of other state bidder preference laws.

Offeror:

(typed or printed name of organization)

Signature:

(individual’s signature)

Name:

(typed or printed)

Title:

(typed or printed

Business Address:

Phone: Email:

Nonresident Bidders 00 45 01 - 2

Non-Collusion Certification 00 45 02 - 1

00 45 02 NON-COLLUSION CERTIFICATION

STATE OF §

COUNTY OF §

Owner: City of Freeport 200 W. 2nd Street Freeport, TX 77541

Contract: Freeport Avenue F Pump Station Rehab Contract No #24-065-007-E164

Offeror certifies that it has not been a party to any collusion among Offerors in the restraint of freedom of competition by agreement to submit a Bid or Proposal at a fixed price or to refrain from submitting a Bid or Proposal; or with any official or employee of the Owner as to quantity, quality, or price in the prospective contract, or any other terms of said prospective contract; or in any discussion between Offerors and any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract.

Certified this day of 20 .

Offeror:

(typed or printed name of organization)

Signature:

(individual’s signature)

Name:

(typed or printed)

Title:

(typed or printed

Business Address:

Phone: Email:

Non-Collusion Certification 00 45 02 - 2

Conflict of Interest Questionnaire 00 45 03 - 1

00 45 03 CONFLICT OF INTEREST QUESTIONNAIRE

CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ

For vendor doing business with local governmental entity

OFFICE USE ONLYThis questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.

This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).

By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.

A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor.

1 Name of vendor who has a business relationship with local governmental entity.

Date Received

2 ☐ Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)

3 Name of local government officer about whom the information is being disclosed.

Name of Officer 4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.

Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary.

A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor?

☐ Yes ☐ No

B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity?

☐ Yes ☐ No

5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more.

6 ☐ Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1)

Signature of vendor doing business with the governmental entity Date

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 01/01/2021

Conflict of Interest Questionnaire 00 45 03 - 2

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.

Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on:

(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity;

(B) a transaction conducted at a price and subject to terms available to the public; or

(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency.

Local Government Code § 176.003(a)(2)(A) and (B):

(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:

(2) the vendor:

(A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that

(i) a contract between the local governmental entity and vendor has been executed;

or

(ii) the local governmental entity is considering entering into a contract with the vendor;

(B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that:

(i) a contract between the local governmental entity and vendor has been executed; or

(ii) the local governmental entity is considering entering into a contract with the vendor.

Local Government Code § 176.006(a) and (a-1)

(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:

(1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);

(2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or

(3) has a family relationship with a local government officer of that local governmental entity.

(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of:

(1) the date that the vendor:

(A) begins discussions or negotiations to enter into a contract with the local governmental entity; or

(B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or

(2) the date the vendor becomes aware:

(A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a);

(B) that the vendor has given one or more gifts described by Subsection (a); or

(C) of a family relationship with a local government officer.

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015

State Sales Tax Requirements 00 45 04 - 1

00 45 04 STATE SALES TAX REQUIREMENTS

Comply with all applicable sales, excise, and use tax requirements of the Texas Tax Code.