Granger MacDonald Park-Contract Documents and Specifications.pdf

CONTRACT DOCUMENTS AND TECHNICAL

SPECIFICATIONS

FOR

GRANGER MACDONALD PARK

COK PROJECT NO. 24-012

FOR

CITY OF KERRVILLE

701 MAIN STREET

KERRVILLE, TEXAS 78028

KERR COUNTY, TEXAS

Prepared By:

HEWITT ENGINEERING, INC.

Texas Board of Professional Engineers, Firm Registration # F-10739

716 BARNETT STREET

KERRVILLE, TEXAS 78028

830-315-8800

May 2026 05-20-2026

Table of Contents 00 01 10 - 1

Granger MacDonald Park Project

00 01 10 TABLE OF CONTENTS

Section Title

Division 00 Procurement and Contracting Requirements

00 01 10 Table of Contents

00 11 16 Invitation to Bid

00 21 13 Instructions to Bidders

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 61 13 Performance Bond

00 61 16 Payment Bond

00 72 00 General Conditions

00 73 00 Supplementary Conditions

00 73 16 Insurance Requirements

00 73 17 Texas Workers’ Compensation Insurance

00 91 [XX] Addendum Number [XX]

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 Coordination

01 33 00 Document Management

01 33 01 Document Register

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 50 00 Temporary Facilities and Controls

01 57 00 Temporary Controls

01 70 00 Execution and Closeout Requirements

01 74 23 Final Cleaning

Table of Contents 00 01 10 - 2

Section Title

Division 31 Earthwork

31 11 00 Clearing and Grubbing

31 20 00 Earth Moving

31 23 23 Backfill

Division 32 Exterior Improvements

32 91 19 Top Soil Placement

32 92 13 Hydro-Mulch or Other Vegetation Establishment

Texas Department of Transportation Standard Specifications

Item 247 Flexible Base

Item 340 Dense-Graded Hot-Mix Asphalt (Small Quantity)

Item 360 Concrete Pavement

Item 420 Concrete Substructures

Item 421 Hydraulic Cement Concrete

Item 422 Concrete Superstructures

Item 440 Reinforcement for Concrete

Item 466 Headwalls and Wingwalls

END OF SECTION

Invitation to Bid 00 11 16 – 1

00 11 16 Invitation to Bid

Sealed bids for the Granger MacDonald Park Project will be received electronically through www.civcastUSA.com by the City of Kerrville, Texas until 3:00 p.m. on June 24, 2026 and will then be publicly opened and read aloud in Council Chambers at City Hall.

The bidding documents, plans, specifications, etc. may be examined by all bidders at the City of Kerrville Engineering Office, 200 Sidney Baker Street, Kerrville, Texas, 78028, 830-258-

1528, or on the City’s website www.kerrvilletx.gov. Copies of such instruments may be obtained from the following website: http://www.civcastusa.com. The cost for printed

Contract Documents is not refundable and the documents are not returnable.

This website will be updated with addenda, plan holder lists, bid tabulations, additional reports or other information relevant to bidding the Project. Official plan holders list will only be the list maintained by The City. It is the sole responsibility of all plan holders, whether they have received digital downloads or paper copies of the plans and specifications, to periodically check for Addenda which may have been posted on the Civcast USA website.

Each bid must be accompanied by the Bid Documents, as indicated in Section 00 21 13

‘Instructions to Bidders’ , as well as a certified check, cashier's check, or Bid Bond payable to the City of Kerrville, Texas, in the amount of ten percent (10%) of the amount bid as a guarantee that the contract and bond will be entered into within ten (10) days after the award is made. No bids will be accepted after 3:00 p.m. on the date of bid opening.

A Performance/Payment bond in the amount of one hundred percent (100%) of the total contract price will be required.

No bidder may withdraw their bid after the scheduled closing time for filing the bids.

A non-mandatory Pre-Bid Conference shall be held at 3:00 PM on June 3, 2026 at City Council

Chambers, City Hall.

All questions/inquiries regarding this project shall be directed through the Civcast USA website by Thursday, June 18, 2026 at 5:00 p.m. CST. Questions that result in changes to the specifications will be answered in writing in the form of an addendum.

Advertisement: May 20, 2026 and May 27, 2026

Non-Mandatory Pre-Bid Conference: June 3, 2026, 3:00 p.m. – City Hall

Bid Opening: June 24, 2026, 3:00 p.m. – City Hall

Instructions to Bidders 00 21 13 - 1

00 21 13 INSTRUCTIONS TO BIDDERS

DEFINED TERMS

The terms used in these Instructions to Bidders have the meanings assigned to them in the

General Conditions and Supplementary Conditions.

RECEIPT OF BIDS

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

COPIES OF CONTRACT DOCUMENTS

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

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

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.

QUALIFICATIONS STATEMENT

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.

EXAMINATION OF THE CONTRACT DOCUMENTS AND THE SITE

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

Examine the Contract Documents and supplemental data:

Carefully study the Contract Documents.

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

Bidder.

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

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.

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.

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

Instructions to Bidders 00 21 13 - 2

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.

Subsurface exploration is not allowed.

The submission of a Bid will constitute an incontrovertible representation by the Bidder that the

Bidder has complied with every requirement of this Article, and that without exception the Bid is premised on the following:

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

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

Written resolutions provided by the Construction Manager are acceptable to the Bidder; and

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.

PRE-BID CONFERENCE

A non-mandatory pre-bid conference will be held at the time and location indicated in

Section 00 11 16 “Invitation to Bid.”

INTERPRETATIONS AND ALTERNATE BIDS

Submit all questions about the meaning or intent of the Contract Documents, Addenda, and the related supplemental data to the Design Engineer using the procurement method as indicated in

Section 00 11 16 “Invitation to Bid.”

Submit any offer of alternate terms and conditions or offer of Work not in strict compliance with the Contract Documents to the Design Engineer no later than 10 days after the date Project is advertised. Design Engineer 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.

Bidder may submit a separate and additional Bid if the Bidder includes exceptions or the Bidder 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 Bidder, and after the award of the Contract, the Design Engineer may issue a Request for a Change Proposal if Owner chooses to accept any Bid alternates.

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.

BID SECURITY

Bidders must submit an acceptable bid bond, cashier’s check, or certified check 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

Instructions to Bidders 00 21 13 - 3

General Conditions. Cashier’s or certified checks must be made payable to the City of Kerrville and are to be effective on the day Bids are submitted.

Owner may annul the Notice of Award and retain the Bid Security of the apparent Successful

Bidder upon Bidder’s failure to execute and deliver the Agreement or Amendments to the

Agreement.

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. Cashier’s or certified checks may be returned by the Owner when the Contract is executed, or all Bids are rejected.

CONTRACT TIMES

See applicable provisions for Contract Times in the Agreement.

LIQUIDATED DAMAGES, RETAINAGE, AND INTEREST

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

Agreement.

PREPARATION OF THE BID FORM

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.

The unit price governs if a conflict exists between the extended amount derived by multiplying the unit price by the stated quantity of units and the extended amount shown in the Bid Form.

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

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.

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

Provide evidence of the Bidder’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 Bidder will forfeit its Bid Security.

CONFIDENTIALITY OF BID INFORMATION

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 Bidders.

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

The Owner will protect trade secrets and confidential information to the extent allowed by Laws and Regulations.

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

Instructions to Bidders 00 21 13 - 4 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 for the rest of the Bid.

The Owner, upon receiving an application or other request for the disclosure of confidential information, will promptly notify Bidder 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.

Bidder 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 Bidder will not be entitled to exercise any remedy for a disclosure made pursuant to the Chapter 552.

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

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

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;

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

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

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 Bidder with prompt notice of this request so that it may seek an appropriate protective order or other appropriate remedy.

DELIVERY OF BIDS

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

Submit the Bid no later than the date and time prescribed and at the place indicated in

Section 00 11 16 “Invitation to Bid.” Bids are to be submitted electronically through the Civcast

USA website: https://www.civcastusa.com. Bidder assumes full responsibility for ensuring that the

Bid arrives at the prescribed location before the prescribed time.

MODIFICATION OR WITHDRAWAL OF BIDS

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.

A Bidder may withdraw its Bid within 24 hours after Bids are opened if the Bidder 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

Instructions to Bidders 00 21 13 - 5 material and substantial mistake in its Bid. A Bidder 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.

OPENING OF BIDS

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 Bidders and the amount bid as required by applicable Laws and

Regulations.

BIDS TO REMAIN SUBJECT TO ACCEPTANCE

All Bids will remain subject to acceptance for 90 days from the date on which Bids are opened.

The Owner may, at its sole discretion, release any Bid and return the Bid Security prior to the end of this period.

EVALUATION OF BIDS

The Owner will consider the proposed Contract Price and Contract Times and the qualifications of the Bidders to determine the lowest responsible Bidder.

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.

Each Bidder 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.

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.

AWARD OF CONTRACT

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 Bidder if the Owner believes that it would not be in the best interest of the Owner to make an award to that Bidder. The Owner reserves the right to waive all formalities.

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 Bidder has an interest in more than one Bid for the Work will be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

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

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

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

Compliance of the Bids with requirements of the Contract Documents.

Instructions to Bidders 00 21 13 - 6

Alternates and unit prices if requested in the bid forms.

The amount bid.

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

SIGNING OF THE AGREEMENT

The Notice of Award to the Successful Bidder 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 Bidder must sign and deliver the required number of counterparts of the Agreement and attached documents to the Owner within 15 days. The Owner will deliver signed counterparts to the Successful Bidder within 10 days after receiving the signed documents from the Successful Bidder.

The Successful Bidder 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.

BONDS AND INSURANCE

The General Conditions set forth the Owner’s requirements as to bonds and insurance. When the

Successful Bidder delivers the signed Agreement to the Owner, it must be accompanied by the performance and payment bonds and required evidence of insurance.

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.

SALES AND USE TAXES

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. Bidders 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.

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

Contract to qualify:

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

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.

WAGE RATES

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.” Bidders 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.

Instructions to Bidders 00 21 13 - 7

PROHIBITED CONTRACTS

Owner may not enter into contracts with companies that are engaged in business with Iran, Sudan, or a company known to have contracts with or provide suppliers or services to a foreign terrorist organization in accordance with Tex. Gov’t Code Chapter 2252 or a company boycotting

Israel in accordance with Tex. Gov’t Code Chapter 2270.

Bid Form 00 41 13 - 1

00 41 13 BID FORM

BID RECIPIENT

1.01 Bidder submits this Bid to:

City of Kerrville

City Hall

701 Main Street

Kerrville, Texas 78028

Attention: City Secretary

ARTICLE 2 – BIDDER’S ACKNOWLEDGMENTS

2.01 Bidder 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. Bidder agrees to complete the Work within the

Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents.

2.02 Bidder accepts all of the terms and conditions of Section 00 11 16 “Invitation to Bid” and

Section 00 21 13 “Instructions to Bidders.”

2.03 Bidder 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 Bidder acknowledges receipt of the following Addenda:

Addendum No. Addendum Date Signature Acknowledging Receipt

ARTICLE 3 – BIDDER’S REPRESENTATIONS

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

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

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

3.04 Bidder 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 Bidder has considered the:

A. Information known to the Bidder;

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 Bidder has considered the items identified in Paragraphs 3.04 and 3.05 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 Bidder; and

C. Bidder’s safety precautions and programs.

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

3.09 Bidder has correlated the information known to the Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Contract

Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.

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

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 Bidder’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.

Bid Form 00 41 13 - 3

ARTICLE 4 – BASIS OF BID

4.01 Bidder 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.

B. Bidder 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

Bidder 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 52 13 “Agreement.”

ARTICLE 6 – ATTACHMENTS TO THIS BID

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

Section 00 41 16 “Bid Form Exhibit A.”

A. Section 00 43 13 “Bid Bond.”

B. Section 00 45 01 “Nonresident Bidders.”

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

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

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

VENUE

Bidder agrees that venue will lie exclusively in Kerr County, Texas for any legal action.

Bid Form 00 41 13 - 4

ARTICLE 7 – BID DELIVERY

7.01 This Bid is offered by:

Bidder:

(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 Bidder is a corporation, partnership, or a joint venture.)

Bid Form Exhibit A 00 41 16 - 1

00 41 16 BID FORM EXHIBIT A

BASE BID – GRANGER MACDONALD PARK PROJECT

Item

No.

Description

Estimated

Quantity Unit Unit Price Extended Amount

FOR MOBILIZATION AND DEMOLITION DESCRIBED IN

THE CONTRACT DOCUMENTS FOR THE LUMP SUM

(MAXIMUM 10% OF TOTAL CONTRACT FOR PROJECT)

OF:

1 LS $ $

CLEARING AND GRUBBING AS REQUIRED FOR PAVING

AND SITE IMPROVEMENTS, COMPLETE AS SPECIFIED

AND INDICATED IN THE CONTRACT DOCUMENTS

1 LS $ $

EXCAVATION/EMBANKMENT AS REQUIRED FOR

PAVING AND SITE IMPROVEMENTS, COMPLETE AS

SPECIFIED AND INDICATED IN THE CONTRACT

DOCUMENTS

1 LS $ $

EXPORT/HAUL-OFF OF EXCESS MATERIAL AS REQUIRED

FOR PAVING AND SITE IMPROVEMENTS, COMPLETE AS

SPECIFIED AND INDICATED IN THE CONTRACT

DOCUMENTS

1 LS $ $

6” COMPACTED SUBGRADE, COMPLETE AS SPECIFIED

AND INDICATED IN THE CONTRACT DOCUMENTS

4,795 SY $ $

TENSAR HX5.5 GEOGRID, COMPLETE AS SPECIFIED AND

INDICATED IN THE CONTRACT DOCUMENTS

4,795 SY $ $

8” FLEXIBLE BASE (TXDOT ITEM 247 GRADE 1-2, TYPE A)

FOR PARKING LOT, COMPLETE AS SPECIFIED AND

INDICATED IN THE CONTRACT DOCUMENTS

2,045 SY $ $

12” FLEXIBLE BASE (TXDOT ITEM 247 GRADE 1-2, TYPE

A) FOR JAMES ROAD EXTENSION, COMPLETE AS

SPECIFIED AND INDICATED IN THE CONTRACT

DOCUMENTS

2,750 SY $ $

2” HMAC PAVEMENT (TXDOT ITEM 340, TYPE D),

COMPLETE AS SPECIFIED AND INDICATED IN THE

CONTRACT DOCUMENTS

4,200 SY $ $

CONCRETE FLUSH CURB, COMPLETE AS SPECIFIED AND

INDICATED IN THE CONTRACT DOCUMENTS

1,255 LF $ $

REINFORCED CONCRETE PAVEMENT FOR ACCESSIBLE

PARKING AREA, COMPLETE AS SPECIFIED AND

INDICATED IN THE CONTRACT DOCUMENTS

85 SY $ $

REINFORCED CONCRETE SIDEWALK, COMPLETE AS

SPECIFIED AND INDICATED IN THE CONTRACT

DOCUMENTS

300 SY $ $

PAVEMENT STRIPING AND ACCESSIBLE PARKING

SIGNAGE AND WHEEL STOPS, COMPLETE AS SPECIFIED

AND INDICATED IN THE CONTRACT DOCUMENTS

1 LS $ $

CONCRETE SPREAD FOOTING RETAINING WALLS,

COMPLETE AS SPECIFIED AND INDICATED IN THE

CONTRACT DOCUMENTS

2,500 FF $ $

PEDESTRIAN RAILING ABOVE RETAINING WALL,

COMPLETE AS SPECIFIED AND INDICATED IN THE

CONTRACT DOCUMENTS

180 LF $ $

Bid Form Exhibit A 00 41 16 - 2

BASE BID – GRANGER MACDONALD PARK PROJECT

Item

No.

Description

Estimated

Quantity Unit Unit Price Extended Amount

LANDSCAPE IMPROVEMENTS INCLUDING BUT NOT

LIMITED TO BIO-RETENTION AREA, ENGINEERED SOIL

MEDIA, DRAINAGE COMPONENTS, IRRIGATION

SYSTEM, MULCH, SOD, HYDROMULCH, PLANT

MATERIALS, ESTABLISHMENT, AND INCIDENTAL

APPURTENANCES, COMPLETE AS SPECIFIED AND

INDICATED IN THE CONTRACT DOCUMENTS

1 LS $ $

12” HDPE STORM DRAIN OUTLET PIPE FOR BIO-

RETENTION AREA INCLUDING CONCRETE HEADWALL

AND RIVER ROCK, COMPLETE AS SPECIFIED AND

INDICATED IN THE CONTRACT DOCUMENTS

1 LS $ $

TWO (2) 24” RCP CULVERTS INCLUDING CONCRETE

HEADWALLS, COMPLETE AS SPECIFIED AND INDICATED

IN THE CONTRACT DOCUMENTS

1 LS $ $

MORTARED ROCK RIP-RAP, COMPLETE AS SPECIFIED

AND INDICATED IN THE CONTRACT DOCUMENTS

150 SY $ $

4” PVC PIPE SLEEVES FOR FUTURE USE, COMPLETE AS

SPECIFIED AND INDICATED IN THE CONTRACT

DOCUMENTS

310 LF $ $

CONCRETE BOAT RAMP, COMPLETE AS SPECIFIED AND

INDICATED IN THE CONTRACT DOCUMENTS

1 LS $ $

COFFER DAM IF/AS REQUIRED FOR BOAT RAMP

CONSTRUCTION

1 LS $ $

TEMPORARY SILT FENCE, COMPLETE AS SPECIFIED AND

INDICATED IN THE CONTRACT DOCUMENTS

765 LF $ $

TEMPORARY ROCK BERM, COMPLETE AS SPECIFIED

AND INDICATED IN THE CONTRACT DOCUMENTS

60 LF $ $

TEMPORARY MULCH SOCK, COMPLETE AS SPECIFIED

AND INDICATED IN THE CONTRACT DOCUMENTS

50 LF $ $

STABILIZED CONSTRUCTION ENTRY/EXIT, COMPLETE AS

SPECIFIED AND INDICATED IN THE CONTRACT

DOCUMENTS

2 EA $ $

TURF REINFORCEMENT MATTING, COMPLETE AS

SPECIFIED AND INDICATED IN THE CONTRACT

DOCUMENTS

755 SY $ $

SWPPP PERMITS AND INSPECTIONS, COMPLETE AS

SPECIFIED AND INDICATED IN THE CONTRACT

DOCUMENTS

1 LS $ $

TOTAL BASE BID – GRANGER MACDONALD PARK PROJECT $

Bid Form Exhibit A 00 41 16 - 3

ALTERNATE BID ITEMS – GRANGER MACDONALD PARK PROJECT

Item

No.

Description

Estimated

Quantity Unit Unit Price Extended Amount

REDUCED COST TO STOCKPILE A PORTION OF EXCESS

SUITABLE FILL MATERIAL ON ADJACENT GRC PROPERTY,

COMPLETE AS SPECIFIED AND INDICATED IN THE

CONTRACT DOCUMENTS

(This should reflect the decrease in cost to stockpile a portion of suitable spoils on adjacent property in lieu of hauling to offsite City of Kerrville property)

5,000 CY $ $

PERMATRAK BOARDWALK, COMPLETE AS SPECIFIED

AND INDICATED IN THE CONTRACT DOCUMENTS

1 LS $ $

NORTH BOARDWALK CONNECTION WITH CONCRETE

LANDINGS, WALLS, STEPS, AND RAILINGS, COMPLETE

AS SPECIFIED AND INDICATED IN THE CONTRACT

DOCUMENTS

1 LS $ $

SOUTH BOARDWALK CONNECTION WITH CONCRETE

WALL, RAMP, AND RAILING, COMPLETE AS SPECIFIED

AND INDICATED IN THE CONTRACT DOCUMENTS

1 LS $ $

OVERLOOK AREA/BOARDWALK CONNECTION WITH

CONCRETE SLAB AND LIMESTONE BLOCK RETAINING

WALL, COMPLETE AS SPECIFIED AND INDICATED IN THE

CONTRACT DOCUMENTS

1 LS $ $

COFFER DAM IF/AS REQUIRED FOR BOARDWALK

CONSTRUCTION

1 LS $ $

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 Bidder:

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

☐ Bidder 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.

OBidder:

(typed or printed name of organization)

Signature:

(individual’s signature)

Name:

(typed or printed)

Title:

Business Address:

Non-Collusion Certification 00 45 02 - 1

00 45 02 NON-COLLUSION CERTIFICATION

STATE OF §

COUNTY OF §

Owner: City of Kerrville

701 Main Street

Kerrville, Texas 78028

Contract: Granger MacDonald Park Project

COK Project #: 24-012

Bidder certifies that it has not been a party to any collusion among Bidders 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

Bidders 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 .

Bidder:

(typed or printed name of organization)

Signature:

(individual’s signature)

Name:

(typed or printed)

Title:

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

This 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 of the 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.

OFFICE USE ONLY

Date Received

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

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 11/30/2015

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. The Bidder hereby certifies that the Contract Price is divided as follows:

Tax exempt products, materials, and services (See Notes 1 and 2) $

Taxable products, materials, and services (See Note 3) $

Total (See Note 4) $

Bidder:

(typed or printed name of organization)

Signature:

(individual’s signature)

Name:

(typed or printed)

Title:

Notes:

1. Exempt products and materials are those items purchased for the Project which are physically incorporated into the facilities constructed for the Owner or are necessary and essential for the performance of the Work and are completely consumed at the Site. For purposes of this definition, products and materials are completely consumed if after being used once for its intended purpose it is used up or destroyed. Products and materials rented or leased for use in the performance of the Work cannot be completely consumed for the purposes of this definition.

2. Exempt services are those services performed at the Site where the Contract expressly requires the specific service to be provided or purchased by the person performing the Work or the service is integral to the performance of the Work.

3. Products, materials, and services are not tax exempt if they are used by the Contractor but are not physically incorporated into the Owner's facilities or are not consumed by construction as defined above. Machinery or equipment and its accessories and repair and replacement parts used in the performance of the Work are not exempt.

4. The total sum of the amount for tax exempt and taxable products, materials, and services must equal the Contract Price.

Construction Agreement 00 52 13 - 1

00 52 13

CONSTRUCTION AGREEMENT

CITY OF KERRVILLE, TEXAS

This Agreement is between CITY OF KERRVILLE, TEXAS, (Owner) and

______________________, (Contractor).

Owner and Contractor agree as follows:

ARTICLE 1 – WORK

1.01 Contractor shall complete all Work as specified or indicated in the Contract

Documents. The Work is designated as follows:

Granger MacDonald Park Project

COK Project #24-012

ARTICLE 2 – DESIGN PROFESSIONAL

2.01 The Design Professional for this Project is:

HEWITT ENGINEERING, INC.

716 Barnett Street

Kerrville, Texas 78028

ARTICLE 3 – OWNER’S REPRESENTATIVE

3.01 The Owner’s Representative for this Project is:

Kyle Burow, P.E.

Director of Engineering

City Hall, 701 Main Street

Kerrville, TX 78028

ARTICLE 4 – CONTRACT TIMES

4.01 Contract Times

A. The Work is required to be substantially complete within 330 days after the date when the Contract Times commence to run as provided in the

General Conditions and complete and ready for final payment in accordance with the General Conditions within 30 days after the date of

Substantial Completion.

4.02 Liquidated Damages

A. Owner and Contractor recognize that the Contract Times specified for

Substantial Completion and Final Completion are of the essence in the

Construction Agreement 00 52 13 - 2

Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the Contract Times specified in this Agreement as may be adjusted in accordance with the

General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by Owner if the Work is not completed within the Contract Times. Accordingly, instead of requiring proof of the amount of these damages, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty):

1. Contractor agrees to pay Owner $3,000 for each day that expires after the time specified in this Agreement for Substantial Completion until the Work is substantially complete.

2. Contractor agrees to pay Owner $3,000 for each day that expires after the time specified in this Agreement for Final Completion until the Work is completed and ready for final payment in accordance with the General Conditions.

B. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently.

C. Owner will determine whether the Work has been completed within the

Contract Times. Assessment of liquidated damages by the Owner does not waive the Owner’s right to assess or collect additional damages which the Owner may sustain by the failure of the Contractor to perform in accordance with the terms of the Contract.

ARTICLE 5 – CONTRACT PRICE

5.01 Owner will pay the Contractor the following amount for completion of the

Work in accordance with the Contract Documents:

Lump Sum Contract Price $

5.02 Owner will pay Contractor for completion of the Work in accordance with the

Contract Documents at the prices shown in this Agreement. The Contract

Price has been computed in accordance with the General Conditions.

Contractor acknowledges that for unit price items, estimated quantities are not guaranteed and are solely for the purpose of comparing Bids, and that final payment will be based on actual quantities determined in accordance with the Contract Documents.

Construction Agreement 00 52 13 - 3

ARTICLE 6 – PAYMENT PROCEDURES

6.01 Submit Applications for Payment in accordance with the General Conditions.

Applications for Payment will be processed by the Owner’s Representative per Section 01 29 00 “Application for Payment Procedures.”

6.02 Owner will make progress payments on or about the first day of each month during performance of the Work. Payment is based on the total earned value of Work completed in the previous month in accordance with the Schedule of

Values established as provided in the General Conditions.

6.03 Payment will be made for the total earned value of Work completed in the previous month after deducting:

A. Retainage calculated per this Agreement;

B. Set-offs determined in accordance with the General Conditions; and

C. The total amount of payments previously made.

6.04 Progress payments will be made in an amount equal to 95 percent of the total earned value to date for completed Work and properly stored materials.

The remaining 5 percent of the total earned value to date will be held as retainage. Owner may increase retainage to 15 percent if progress on the

Project is considered to be unsatisfactory. Owner will deposit retainage in excess of 10 percent in an interest-bearing account. Interest earned by that account will be paid to the Contractor in accordance with in accordance with

Tex. Gov’t Code Chapter 2252.

6.05 Release or reduction in retainage is contingent upon the consent of surety to the reduction in retainage. Submit a Consent of Surety Company to

Reduction of or Partial Release of Retainage form as provided by or approved by the Owner’s Representative.

6.06 Owner will pay the remainder of the Contract Price as recommended by

Owner’s Representative in accordance with the General Conditions upon

Final Completion and acceptance of the Work.

ARTICLE 7 – PAYMENT OF INTEREST

7.01 All moneys not paid when due as provided in the General Conditions will earn interest at the rate specified in Tex. Gov’t Code Chapter 2251. Interest accrual will cease upon payment by the Owner.

7.02 No interest payments will be paid to the Contractor for invoices not paid when due as provided in the General Conditions.

Construction Agreement 00 52 13 - 4

ARTICLE 8 – CONTRACTOR’S REPRESENTATIONS

8.01 The Contractor makes the following representations:

A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents.

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

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

D…