IFB 26-18 Linne Road Improvements.pdf

IFB 26-18

INVITATION FOR BID (IFB) #26-18

LINNE RD IMPROVEMENTS

GUADALUPE COUNTY

AUGUST 4, 2026

BIDS DUE: SEPTEMBER 2, 2026, at 2:00PM CST.

Guadalupe County (herein after referred to as “County” or “Guadalupe County”) seeks Competitive Sealed Bids in response to this Invitation for Bid (IFB) for the Linne Rd Improvements Project.

Competitive Sealed Proposals must be submitted electronically or hard copy with one (1) original and one (1) electronic copy of the entire Proposal on a flash drive.

IMPORTANT DATES:

QUESTIONS DEADLINE: August 19, 2026, at 2:00 PM CST.

BID DUE DATE and TIME: September 2, 2026, at 2:00 PM CST.

All questions and correspondence must be directed to the Purchasing Agent – Guadalupe County and submitted in writing via email to purchasing@guadalupetx.gov.

Guadalupe County prefers that Offerors submit Proposals electronically at:

https://www.bidnetdirect.com/texas/guadalupecounty.

Enclosed for your consideration is the IFB with all attachments. To be considered for this purchase, your firm must meet the qualifications and satisfy the requirements set forth in the IFB.

Enclosed for your consideration is the IFB with all attachments. To be considered for this purchase, your firm must meet the qualifications and satisfy the requirements set forth in the IFB.

Guadalupe County reserves the right to accept or reject any or all bids as it deems in its best interest and to waive any formalities.

Respondents shall restrict all contact with the County and direct all questions, in writing, via email, regarding this IFB, to the County’s Purchasing Agent. Do not contact members of the Commissioners Court, Elected Officials, Department Heads, other employees of Guadalupe County, or the Engineer of Record regarding this IFB or related services. Contact with any county employee, elected official, or anyone outside of Purchasing regarding this IFB, after issuance of the IFB and before selection is made, will result in disqualification.

mailto:purchasing@guadalupetx.gov https://www.bidnetdirect.com/texas/guadalupecounty

Guadalupe County is very conscious and extremely appreciative of the time and effort you have expended to submit a Bid. If your response to this IFB is a “No Bid” response, submit a “Statement of No Bid” stating your reason and any requirement of this IFB which may have influenced your decision.

TABLE OF CONTENTS

PART I. INTRODUCTION

PART II. GENERAL SPECIFICATIONS OF WORK

ATTACHMENT A: BIDDER CERTIFICATION

ATTACHMENT B: BID SUBMISSION FORM

ATTACHMENT C: CONTRACT

ATTACHMENT D: DISCLOSURE REQUIREMENTS

ATTACHMENT E: AFFIDAVIT OF NON-COLLUSION, NON-CONFLICT OF INTEREST, ANTI-LOBBYING

ATTACHMENT F: INDEMNITY AGREEMENT

ATTACHMENT G: SWORN VERIFICATION OF STATEMENTS

ATTACHMENT H: VENDOR CONTACT INFORMATION

ATTACHMENT I: W-9 REQUEST FOR TAXPAYER IDENTIFICATION

ATTACHMENT J: ACH FORM (ONLY TO BE COMPLETED IF AWARDED CONTRACT)

ATTACHMENT K: CERTIFICATE OF INTERESTED PARTIES

ATTACHMENT L: ENGINEERING DIAGRAMS

ATTACHMENT M: CONSTRUCTION CONTRACT FORMS / INSTRUCTIONS

I. INTRODUCTION

1. GENERAL INFORMATION

1.1.1 Guadalupe County is a political subdivision of the State of Texas. The governing body of the County is the elected five-member Commissioners Court in accordance with the Texas Constitution, Article 5, §18(b). The Commissioners Court consists of the County Judge, who is elected at large to a four-year term, and four County Commissioners, each elected to represent a precinct within the County for a four-year term. In all Texas counties, the County Judge presides over Commissioners Court meetings.

1.1.2 Guadalupe County, which serves an area of 715 square miles, is located approximately one hundred miles inland from the Gulf of Mexico in south central Texas and is bounded by Comal, Hays, Caldwell, Gonzales, Wilson, and Bexar Counties. The population of the County has steadily grown from 64,873 in 1990 to 131,533 in 2010, with the U.S. Census Bureau estimating the County’s current population at 188,454.

1.1.3 Inquiries/Questions concerning this Invitation for Bid (IFB) must be submitted in writing via email no later than August 19, 2026, at 2:00 p.m. CST (Central Standard Time). All inquiries must be directed to the Purchasing Agent at:

Purchasing Agent - Guadalupe County 215 S. Milam Street Seguin, Texas 78155 purchasing@guadalupetx.gov

Note: It is the responsibility of the person submitting the inquiry to verify that the Purchasing Department has received inquiry.

1.1.4 DEADLINE for submitting Bids is September 2, 2026, at 2:00 p.m. CST (Central Standard Time).

NOTE: The Time-Date Stamp Clock located in the Guadalupe County Purchasing Office, will serve as the OFFICIAL CLOCK for the purpose of verifying the date and time of receipt of Bids. Hours of delivery/service shall be between 8:00 a.m. and 4:00 p.m., Monday through Friday, unless otherwise stipulated.

1.1.5 Submittals: Bidder shall sign and date the Bid as requested. Bids, which are not signed and dated in this manner, may be rejected.

All Bids must be received at the designated location by the deadline shown. Bids received after the deadline will not be considered for the award of the contract and shall be considered void and “Non- Responsive” in accordance with state law. Incomplete bid submissions (all requested/required attached documents/signatures) will be considered “Non-responsive” and will be rejected.

1.1.5.1 Guadalupe County prefers that Offerors submit proposals electronically at:

https://www.bidnetdirect.com/texas/guadalupecounty.

If submitting an electronic response, Offeror is not required to submit in hard copy format; however, Offeror is responsible to confirm solicitation has uploaded to the County’s BIDNET site. County will not accept any late electronic responses because submission did not upload before the Deadline for mailto:purchasing@guadalupetx.gov

Submission. Guadalupe County shall not be responsible for failed internet connections or power interruptions.

For registration and instructions go to Vendor Registration or contact BIDNET DIRECT Vendor support at https://www.bidnetdirect.com/texas/guadalupecounty

BIDNET DIRECT - Vendor Support will help you register. Monday-Friday from 8:00 am to 8:00 pm EST If you need help registering, please call the support department at BidNet Direct toll free 1-800-835- 4603 – option 2. There is no cost for you to register and retrieve bid documents. For convenience you may select the option in which your company will receive emails once Guadalupe County, or any other participation agency, has a bid opportunity that matches your company's business.

Hard copy proposals must submit one (1) original and one (1) electronic copy of the entire Submission on a flash drive.

Hard copy proposals must be delivered by mail, express mail, or in person to:

Mailing Address:

Purchasing Agent - Guadalupe County

IFB 26-18

215 S. Milam Street Seguin, Texas 78155

Hard copy submissions must be in a sealed envelope clearly marked with the name of the Company, Solicitation name, Solicitation number, and opening date in the lower left-hand corner of the envelope.

1.1.5.2. Receipt and Opening of Bids / Proposals:

To ensure the identification, security, and confidentiality of electronic bids or proposals, electronic bids/proposals received before the due date/time will be held in secure storage in the County’s third party free vendor registration/bidding service “Bidnet Direct” until such time as they are electronically opened on the due date/time for said bid/proposal.

To ensure the identification, security, and confidentiality of hard copy bids or proposals, all hard copy bids/proposals received before the due date/time will be held in secure storage in the Purchasing Agent’s office.

Regardless of hard copy or electronic submission, all bids/proposals will be opened at the same time after the due date and time.

1.1.6 Acceptance - All Bids must include a statement that they are valid for a minimum period of ninety

(90) days subsequent to the IFB closing date.

1.1.7 Security Deposit- Include with the Bid, a Bid Bond in the amount of not less than five (5%) percent of Bidder’s maximum bid price (determined by adding the base bid and all alternates) in the form of a Bid Bond obtained from Surety or Insurance Companies that are duly licensed and or authorized in the jurisdiction in which the project is located.

1.1.8 Liquidated Damages- Bidder accepts the provisions of the Agreement as to liquidated damages of Five Hundred dollars ($500.00) per day in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement.

1.1.9 Bonds- Awarded Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor’s obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents.

Contractor shall also furnish such other bonds as are required by the Contract Documents.

1.1.10 Late Bids - will not be considered. Each Bidder shall be solely responsible for ensuring that the County receives the Bid within the time limit indicated.

1.1.11 Non-appropriation - The County may cancel the contract should the present or any future County Commissioners Courts not appropriate funds in any fiscal year for the payment of this agreement. No penalty shall be attached in the event of any such non-appropriation. In the event of non-appropriation, the County shall give the successful Bidder written notice of cancellation and the County shall not be obligated to make any payments beyond the end of the fiscal year for which funds were appropriated (related to a subsequent fiscal year).

1.1.12 Costs – Costs related to preparation of a response shall be the responsibility of the Bidder.

There is no expressed or implied obligation for Guadalupe County to reimburse Bidders for any expense incurred in preparing a Bid in response to this IFB and Guadalupe County will not reimburse Bidders for these expenses.

1.1.13 Ownership of Bid – Each Bid shall become the property of Guadalupe County upon submittal and will not be returned to Bidders.

1.1.14 Right of Rejection - Guadalupe County reserves the right to reject any or all Bids submitted and to waive any informality in Bids received.

1.1.15 Clarification or Additional Information Requested - During the evaluation process, Guadalupe County reserves the right, where it may serve Guadalupe County's best interest, to request additional information or clarifications from Bidders, or to allow corrections of errors or omissions. At the discretion of Guadalupe County, firms submitting Bids may be requested to make oral presentations as part of the evaluation process.

1.1.16 Right of Retention - Guadalupe County reserves the right to retain all Bids submitted and to use any ideas in a Bid regardless of whether that Bid is selected, provided that the information was not marked as “Proprietary and or (Confidential)”. Submission of a Bid indicates acceptance by the firm of the conditions contained in this IFB, unless clearly and specifically noted in the Bid submitted and confirmed in the contract between Guadalupe County and the firm selected.

1.2 General Contract Terms and Conditions:

The parties, Guadalupe County, Texas, a political subdivision of the State of Texas, (hereinafter referred to as “County”) and the vendor (hereinafter referred to as “Vendor” or “Bidder”), hereby agree upon the following terms and conditions.

1.2.1 Contract - This Bid, submitted documents and any negotiations, when properly accepted by Guadalupe County, shall constitute a contract equally binding between the successful Bidder and Guadalupe County. No different or additional terms will become a part of this contract with the exception of an Addenda or Change Order.

1.2.2 Conflict of Interest - No public official shall have any interest in this contract, except as permitted by and subject to the disclosure requirements of Vernon’s Texas Codes Annotated, Local Government Code, Title 5, Subtitled C, Chapter 171.

1.2.3 Conflict of Interest Questionnaire (Texas Ethics Commission Form CIQ) - Complete this form and note if you have a conflict of interest with any County Official, Employee, or Department. The questionnaire should reflect the name of the individual with whom the conflict of interest occurs. If you have any questions regarding compliance with Chapter 176 of the Texas Local Government Code, please consult your legal representative. Compliance is the responsibility of each individual, business, agent or representative who is subject to the law’s filing requirements.

1.2.4 Equal Opportunity – Neither party shall discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin.

1.2.5 Confidentiality - All information disclosed by Guadalupe County to the successful Bidder for the purpose of the work to be performed or information that comes to the attention of the successful Bidder during the course of performing such work is to be kept strictly confidential.

1.2.6 Proprietary Information and Texas Public Information Act – All material submitted to the County as part of the IFB shall become public property and subject to the Texas Public Information Act upon receipt. If a Bidder does not desire proprietary information in the Bid to be disclosed, each page must be clearly identified and marked proprietary at time of submittal or, more preferably, all proprietary information may be placed in a folder or appendix and be clearly identified and marked as being proprietary.

Note: Items marked “proprietary information” must meet the Texas Public Information Act requirements.

Marking the entire submission, or large portions of the Bid, “proprietary” will not meet the spirit, or the letter of the law, and will not be treated as proprietary information.

1.2.7 ADDENDA - Any interpretations, corrections or changes to this IFB will be made by addenda.

Addenda will be emailed to all who are known to have received a copy of this Invitation for Bid;

Bidder shall acknowledge receipt of all addenda with Bid submission. Any interpretation of the IFB will be made only by IFB Amendment and or Addendum duly issued by the Purchasing Office. It is the Bidders responsibility to verify the issuance of Addenda in regard to this Bid.

1.2.8 Change Orders - No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing and approved by the Commissioner’s Court.

1.2.9 Incorporation of Exhibits, Appendices and Attachments – All of the exhibits, appendices and attachments referred to herein are incorporated by reference as if set forth verbatim herein.

1.2.10 Assignment - The successful Bidder shall not sell, assign, transfer or convey any contract resulting from this IFB, in whole or in part, without the prior written consent of Guadalupe County.

1.2.11 Venue - This agreement will be governed and construed according to the laws of State of Texas.

This agreement is performable in Guadalupe County, Texas.

1.2.12 Compliance with Laws – Guadalupe County and successful Bidder shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of the Contract and any ensuing Agreement, including, without limitation, Workers’ Compensation laws, salary and wage statutes and regulations, licensing laws and regulations. When required, the successful Bidder shall furnish the County with certification of compliance with said laws, statutes, ordinances, rules, regulations, orders, and decrees above as specified.

1.2.13 IRS Form W-9 Request for Tax Payer Identification Number and Certification:

The IRS W-9 Form must be completed, signed and returned with the Bid response. More information on this form can be found at the Internal Revenue Service (IRS) website at:

https://www.irs.gov/forms-pubs/about-form-w9.

The County is exempt from federal excise and state sales tax; therefore, tax must not be included in this bid.

1.2.14 Certificate of Interested Parties (Form 1295) - In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity at the time the business entity submits the signed contract to the governmental entity or state agency.

The Texas Ethics Commission adopted rules and requires online filing of Form 1295 through their Website. The completed form, which will include a unique certification number, must be submitted to the County as part of your Bid. Information regarding how to complete the online form is available at:

https://www.ethics.state.tx.us/filinginfo/1295/.

1.2.15 Texas House Bill 89 – Prohibition On Investment In Companies That Boycott Israel:

During the 85th Texas Legislative Session, a new state law went into effect with the passing of House Bill

89. Texas Government Code, Chapter 2270.002 states a government may not enter into a contract with a Company for goods or services unless the contract contains written verification from the Company that it 1) does not boycott Israel and 2) will not boycott Israel during the term of the contract. Bidder must complete the form certifying that they are in compliance with these requirements. Prohibition on https://www.irs.gov/forms-pubs/about-form-w9 https://www.ethics.state.tx.us/filinginfo/1295/ contracts with companies boycotting Israel per Texas Government Code, Chapter 2270.001, Definitions:

1. “Boycott Israel” has the meaning assigned by Section 808.001.

2. “Company” has the meaning assigned by Section 808.001.

3. “Government entity” has the meaning assigned by Texas Government Code, Section 2251.001.

1.2.16 Texas Senate Bill 252 – Prohibition On Contracting With A Company Doing Business With Iran, Sudan, Or A Foreign Terrorist Organization - During the 85th Texas Legislative Session, a new state law went into effect with the passing of Senate Bill 252. Texas Government Code, Chapter 2252.152, states a government may not enter into a contract with companies engaged in active business operations with Sudan, Iran, a foreign terrorist organization or a Company that is identified on a list prepared and maintained under Texas Government Code Section 806.051, 807.051, or 2252.153. Bidder must complete the form certifying that they are in compliance with these requirements. Prohibition on contracts with certain companies per Texas Government Code 2252.151 Definitions:

1. “Company” has the meaning assigned by Section 806.001.

2. “Foreign terrorist organization” means an organization designated as a foreign terrorist organization by the United States Secretary of State as authorized by 8 U.S.C. Section 1189.

3. “Government contract” means a contract awarded by a government entity for general construction, an improvement, a service, or a public works project for purchase of supplies, materials, or equipment. The term includes a contract to obtain a professional or consulting service subject to Texas Government Code Chapter 2254.

4. “Government entity” has the meaning assigned by Texas Government Code, Section 2252.001.

1.2.17 Section 2252.152 – Contracts with companies engaged in business with Iran, Sudan, or foreign terrorist organization prohibited. A government may not enter into a governmental contract with a Company that is identified on a list prepared and maintained under Section 806.051, 807.051, or 2252.153.

1.2.18 Section 2252.153 – Listed Companies. The Texas Comptroller of Public Accounts shall prepare and maintain, and make available to each governmental entity, a list of companies known to have contracts with or provide supplies or services to a foreign terrorist organization.

1.2.19 Standard Insurance Policies Required - All insurance requirements, including public liability and workers' compensation, as outlined in Texas State Statutes shall be met prior to any delivery and shall remain in effect during the life of the contract. General Requirements applicable to all policies:

• Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted.

• Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only.

• "Claims Made" policies will not be accepted.

• Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to Guadalupe County.

• All insurance policies shall be furnished to Guadalupe County upon request.

The County requires that the Bidder awarded the contract maintain in force such insurance that will protect themselves and the County from claims which may arise out of, or result from the execution of, the work whether such execution be by themselves, their employees, subcontractors, or by anyone for whose acts may be liable.

1.2.20 INSURANCE AND LIABILITY:

During the period of this Contract, contractor shall maintain at their expense, insurance with limits not less than those prescribed below. With respect to required insurance, Contractor shall:

1. Name Guadalupe County as additional insured, as its interests may appear.

2. Provide County a waiver of subrogation.

3. Provide County with a thirty (30) calendar days advance written notice of cancellation or material change to said insurance.

4. Provide the County a Certificate of Insurance evidencing required coverages within ten (10) calendar days after receipt of Notice of Award. Also, assure your certificate contains the contract number as indicated on the Contract Award form when issued by Guadalupe County.

5. Submit an original certificate of insurance reflecting coverage as follows:

Professional Liability Not Required

Automobile Liability: $1,000,000 Bodily Injury (Each person) $1,000,000 Bodily Injury (Each accident) $1,000,000 Property Damage $1,000,000

General Liability (Including Contractual Liability):

Bodily Injury $1,000,000 Property Damage $1,000,000

Excess Liability:

Umbrella Form $1,000,000

Worker's Compensation: Statutory ($500,000)

1.2.21 Indemnification – See attachment F.

1.2.22 Termination of Contract - This contract shall remain in effect until contract expires, completion and acceptance of services or default. Guadalupe County reserves the right to terminate the contract immediately in the event the successful Bidder fails to:

• Meet delivery or completion schedules, or otherwise perform in accordance with the accepted Bid.

• Breach of contract or default authorizes the County to award to another Bidder, purchase elsewhere and charge the full increase cost to the defaulting Bidder.

Either party may terminate this contract with thirty (30) days written notice prior to either party stating cancellation. The successful Bidder must state therein the reasons for such cancellation. Prior written notice must be delivered in person or sent by registered or certified mail, return receipt requested, proper postage paid, and properly addressed to: Guadalupe County Purchasing, attn.:

Purchasing Agent, 215 S. Milam Street, Seguin, TX 78155.

1.2.23 Performance of Contract - Guadalupe County reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the County in the event of breach or default of resulting contract award.

1.2.24 Invoices - Invoices shall be sent directly to the Guadalupe County Auditor’s Office, attention Accounts Payable, 307 West Court Street, Suite 205, Seguin, Texas 78155, or emailed to ap@guadalupetx.gov . The invoices shall show:

• Firm name and address

• Purchase Order Number

• Name of receiving department

• Detailed breakdown of all charges for the services delivered, stating the applicable period of time

• Signature of County employee accepting delivery

1.2.25 Payment - Payment will be made within thirty (30) days after satisfactory acceptance by the County of all completed services and receipt of a valid invoice, in accordance with the Texas Government Code, Chapter 2251. Payment requests must be submitted in accordance with the contracted payment schedule.

1.3 AWARD

1.3.1 Contract Period – The contract period is for one year effective the date Commissioner’s Court awards the contract.

1.3.2 Local Preference- In accordance with Local Government Code §271.905, if a local government receives one or more bids from a bidder whose principle place of business is in the County and whose bid is within three percent of the lowest bid price received by the County from a bidder who is not a resident of the County, the County may enter into a contract with: (1) the lowest bidder; or (2) the bidder whose principal place of business is in the local government if the governing body of the local government determines, in writing, that the local bidder offers the local government the best combination of contract price and additional economic development opportunities for the local government created by the contract award, including the employment of residents of the local government and increased tax revenues to the local government. This section does not prohibit a local government from rejecting all bids.

1.3.3 Firm Pricing- All of the items listed are to be on a “per unit” basis, stating a firm price per unit or unit quantity of each item. This price must be good from the date of bid opening for a fixed period of time. Unless the bid expressly states otherwise, this period shall be until the end of the contract per the bid document. Bidder shall be obligated to deliver the products at the stated prices, within the time specified, and in accordance with all Terms and Conditions, and provisions contained herein as specified in individual delivery orders. Actual requirements will be stated through issuance of individual Purchase Orders against the contract, and no obligation to pay for any quantities shall be deemed to exist unless or until such orders are issued.

mailto:ap@guadalupetx.gov

1.3.4 Availability- It is expressly understood and agreed that in case Guadalupe County should need any item(s) not available within the time frame needed from the successful vendor(s) during the term of this contract, the County reserves the right to purchase the item(s) from other than the successful vendor(s) and shall not be in violation of any terms or conditions of said contract

1.3.5 Location- N/A to this contract.

1.3.6 Evaluation Criteria- Criteria utilized by Guadalupe County for determining the lowest responsible bidder includes, but is not limited to, bidder meeting the County’s published specifications, bidder’s experience, skill, ability, business judgment, financial capacity, integrity, honesty, possession of the necessary facilities or equipment, previous performance, reputation, promptness, and any factor which could reasonably be asserted as being relevant to successful performance. The County reserves the right to award this contract to the lowest and best bidder(s) in a specific area or areas based on the most convenient location(s) for the using department.

1.3.7 Protests- Protests before award must be submitted in writing to the Purchasing Agent not later than six (6) calendar days after Bid opening, and protests after award must be submitted within ten (10) calendar days after award by Commissioners Court. The Purchasing Agent shall rule on the protest in writing within ten (10) calendar days from date of receipt. Any appeal of the Purchasing Agent's decision must be made within ten (10) calendar days after receipt thereof and submitted to the Purchasing Agent, who shall present the matter for final resolution to the Commissioners Court. Appellant shall be notified of the time and place the appeal is to be heard by Commissioners Court and afforded an opportunity to present evidence in support of the appeal.

1.3.8 CONTRACT ADMINISTRATION- Under this contract, the Road and Bridge Administrator, Guadalupe County, shall be the contract administrator with designated responsibility to ensure compliance with contract requirements, such as, but not limited to, acceptance, inspection and delivery. The contract administrator will serve as liaison between Guadalupe County Commissioner’s Court and the successful bidder.

1.3.9 Inter-Local Participation- It is hereby made a precondition of any bid/offer for a Contract for supplies or services and a part of these specifications, and that the submission of any bid/offer in response to this request constitutes a bid/offer made under the same conditions, for the same price, and for the same effective period as this bid/offer, to any other governmental entity having or entering into an inter-local agreement with Guadalupe County.

II. GENERAL SPECIFICATIONS OF WORK

2.1 Work

• Work includes all labor, materials, equipment, services, and documentation necessary to construct the Project defined herein. The Work may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents.

• The Contractor shall complete all Work as specified or indicated in the Contract Documents.

The Project is generally described as follows:

o LINNE RD IMPROVEMENTS project which consists of road construction, drainage improvements, and road overlay.

o The Site of the Work includes property, easements, and designated work areas described in greater detail in the Contract Documents but generally located on

LINNE RD.

2.2 Contract Times

• The Work will be substantially complete within [75 calendar days] days after the Effective Date of the Contract and completed and ready for final payment within [90 calendar days] days after the Effective Date of the Contract.

2.3 Liquidated Damages

• Contractor and Owner recognize that time is of the essence in the performance of the Contract, and that Owner will incur damages if Contractor does not complete the Work according to the requirements of Paragraph 4.01. Because such damages would be difficult and costly to determine, Owner and Contractor agree that as liquidated damages for delay in completion (but not as a penalty) Contractor shall pay Owner [$500.00 (five hundred)] for each calendar day that expires after the Contract Time for substantial completion.

2.4 Delays in Contractor’s Progress

• If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Times or Contract Price.

• Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor or its subcontractors or suppliers.

• If Contractor’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times.

• Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor or Contractor’s subcontractors or suppliers.

2.5 Progress Schedules

• Contractor shall develop a progress schedule and submit it to Engineer for review and comment before starting Work on the Site. Contractor shall modify the schedule in accordance with Engineer’s comments.

• Contractor shall update and submit the progress schedule to Engineer each month. Owner may withhold payment if Contractor fails to submit the schedule.

2.6 Contractor’s Means and Methods of Construction

• Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction.

• If professional engineering or other design services are needed to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences, and procedures, or for Site safety, then Contractor shall cause such services to be provided by a properly licensed design professional, at Contractor’s expense. Neither Owner nor Engineer has any responsibility with respect to (1) Contractor’s determination of the need for such services,

(2) the qualifications or licensing of the design professionals retained or employed by Contractor, (3) the performance of such services, or (4) any errors, omissions, or defects in such services.

2.7 Supervision and Superintendence

• Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents.

• At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who will not be replaced without notice to and approval by the Owner and Engineer except under extraordinary circumstances.

• Contractor shall maintain good discipline and order at the Site.

• Except as otherwise required for the safety or protection of the Work or persons or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site will be performed during regular working hours, Monday through Friday.

2.8 Other Work at the Site

• In addition to and apart from the Work of the Contractor, other work may occur at or adjacent to the Site. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site.

• Contractor shall notify Owner, the owners of adjacent property, the owners of underground facilities and other utilities (if the identity of such owners is known to Contractor), and other contractors and utility owners performing work at or adjacent to the Site when Contractor knows that prosecution of the Work may affect them; and Contractor shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress.

2.9 Services, Materials, and Equipment

• Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for everything necessary for the performance, testing, start-up, and completion of the Work.

• All materials and equipment incorporated into the Work must be new and of good quality, and be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable supplier, except as otherwise may be provided in the Contract Documents.

2.10 Subcontractors and Suppliers

• Just as Contractor is responsible for its own acts and omissions, Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of Contractor’s employees; of suppliers and subcontractors, and their employees; and of any other individuals or entities performing or furnishing any of the Work. The Contractor’s retention of a subcontractor or supplier for the performance of parts of the Work will not relieve Contractor’s obligation to Owner to perform and complete the Work in accordance with the Contract Documents.

2.11 Licenses, Fees and Permits

• Contractor shall pay all license fees and royalties and assume all costs incident to performing the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others.

• Contractor shall obtain and pay for all construction permits, licenses, and certificates of occupancy, unless otherwise provided in the Contract Documents.

2.12 Laws and Regulations; Taxes

• Contractor shall give all notices required by, and shall comply with, all local, state, and federal laws and regulations applicable to the performance of the Work. Neither Owner nor Engineer shall be responsible for monitoring Contractor’s compliance with any laws or regulations.

• If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to laws or regulations, Contractor shall bear all resulting costs and losses, and to the fullest extent permitted by law Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, from and against all such claims, costs, losses, and damages.

• Contractor shall pay all applicable sales, consumer, use, and other similar taxes.

2.13 Record Documents

• Contractor shall maintain one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved shop drawings in a safe place at the Site. Contractor shall annotate them to show changes made during construction. Contractor shall deliver these record documents to Engineer upon completion of the Work.

2.14 Safety and Protection

• Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work.

• Contractor shall designate a qualified and experienced safety representative whose duties and responsibilities are the prevention of Work-related accidents and the maintenance and supervision of safety precautions and programs.

• Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to:

o All persons on the Site or who may be affected by the Work;

o All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and o Other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and underground facilities not designated for removal, relocation, or replacement in the course of construction.

• All damage, injury, or loss to any property caused, directly or indirectly, in whole or in part, by Contractor, or anyone for whose acts the Contractor may be liable, will be remedied by Contractor at its expense (except damage or loss attributable to the fault of the Contract Documents or to the acts or omissions of Owner or Engineer and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor).

• Contractor shall be responsible for coordinating any exchange of safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with laws or regulations.

• In emergencies affecting the safety or protection of the Work or persons or property at the Site or adjacent thereto, Contractor shall act to prevent damage, injury, or loss. Contractor shall give Engineer prompt notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused by an emergency, or are required as a result of Contractor’s response to an emergency. If Engineer determines that a change in the Contract Documents is required because of an emergency or Contractor’s response, a Work Change Directive or Change Order will be issued.

2.15 Submittals

• Contractor shall review and coordinate shop drawings, samples, and other submittals with the requirements of the Work and the Contract Documents, and shall verify all related field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information. Contractor shall confirm that the submittal is complete with respect to all related data included in the submittal.

• Shop drawings and samples must bear a stamp or specific written certification that Contractor has satisfied its obligations under the Contract Documents with respect to Contractor’s review of that submittal, and that Contractor approves the submittal.

• With each shop drawing or sample submittal, Contractor shall give Engineer specific written notification, in a communication separate from the shop drawing or sample, of any variations that the shop drawing or sample may have from the requirements of the Contract Documents.

• Engineer will provide timely review of submittals. Engineer’s review and approval of submittals will not extend to the means, methods, techniques, sequences, or procedures of construction, or to safety precautions or programs.

• Engineer’s review of shop drawings and samples will be only to determine if the items covered will, after installation or incorporation in the Work, comply with the requirements of the Contract Documents, and be compatible with the design concept of the completed Project as a functioning whole.

• Engineer’s review and approval of a separate item in a shop drawing or sample does not indicate approval of the assembly in which the item functions.

• Contractor shall make corrections required by Engineer, return the required number of corrected copies of shop drawings, and submit new samples for review and approval.

Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals.

• Shop drawings are not Contract Documents.

2.16 Warranties and Guarantees

• Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its consultants are entitled to rely on Contractor’s warranty and guarantee.

2.17 Correction Period

• If within one year after the date of substantial completion, any Work is found to be defective, or if the repair of any damages to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, or other adjacent areas used by Contractor as permitted by laws and regulations, is found to be defective, then Contractor shall promptly correct any such defective Work and repairs, at no cost to Owner.

2.18 Indemnification

• To the fullest extent permitted by law, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, from all losses, damages, costs, and judgments (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising from third-party claims or actions relating to or resulting from the performance or furnishing of the Work, provided that any such claim, action, loss, cost, judgment or damage is attributable to bodily injury, sickness, disease, or death, or to damage to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Contractor, any subcontractor, any supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable.

2.19 Tests and Inspections

• Owner and Engineer will have access to the Site and the Work at reasonable times for observation, inspection, and testing. Contractor shall provide proper and safe conditions for such access.

• Contractor shall give Engineer timely notice of readiness of the Work for all required inspections and tests, and shall cooperate with inspection and testing personnel to facilitate required inspections and tests.

• Except as otherwise provided in the Contract Documents, Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required: (1) by the Contract Documents; (2) by codes, laws, or regulations; (3) to attain Owner’s and Engineer’s acceptance of materials or equipment; and (4) to obtain Engineer’s approval prior to purchase of materials, mix designs, or equipment.

• If any Work that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. Such uncovering will be at Contractor’s expense.

2.20 Defective Work

• Contractor warrants that the Work is not defective.

• Engineer has the authority to determine whether Work is defective, and to reject defective Work.

• Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor.

• The Contractor shall promptly correct all defective Work.

• When correcting defective Work, Contractor shall take no action that would void or otherwise impair Owner’s warranty and guarantee on said Work.

• If the Work is defective or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated.

ATTACHMENT A:

INVITATION FOR BID (IFB) #26-18

LINNE RD IMPROVEMENTS

GUADALUPE COUNTY BIDDER CERTIFICATION

LEGAL NAME OF CONTRACTING COMPANY

FEDERAL I.D. # (Company or Corporation)

TELEPHONE NUMBER E-MAIL ADDRESS

CONTACT PERSON TITLE

COMPLETE MAILING ADDRESS CITY & STATE ZIP CODE

COMPLETE STREET ADDRESS CITY & STATE ZIP CODE

CERTIFICATION

The undersigned certifies it can and will provide and make available, at a minimum, all services set forth in this agreement. The undersigned affirms that they have read and do understand the statement of work and specifications and any attachments contained in this IFB package.

The undersigned agrees this Bid becomes the property of Guadalupe County after the official opening.

The undersigned affirms that they are familiarized with the local conditions under which the work is to be performed; satisfied him/her of the conditions of delivery, handling and storage of equipment and all other matters, which may be incidental to the work, before submitting a Bid.

The undersigned agrees if this Bid is accepted, to furnish any and all items/services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the IFB. The period for acceptance of this IFB will be Ninety (90) calendar days.

The undersigned affirms that they are duly authorized to execute this contract, that this Bid has not been prepared in collusion with any other Respondent, nor any employee of Guadalupe County, and that the contents of this Bid have not been communicated to any other Respondent or to any employee of Guadalupe County prior to the official Bid opening.

By signing this Bid, Bidder guarantees, I do hereby declare that I have read the IFB in which our Bid is submitted with full knowledge of the requirements and do hereby agree to furnish all services in full accordance with the requirements outlined in the IFB.

SIGNATURE DATE

Typewritten or Printed Name Title

ATTACHMENT B:

BID PRICING FORM

I, _____, representing the firm of , do hereby agree to the following:

UNIT PRICE BID TO CONSTRUCT LINNE RD IMPROVEMENTS

TOTAL BID: $__________________ inclusive of all potential fees/charges.

TXDOT

SPEC BID CODE DESCRIPTION UNITS ESTIMATED

QUANTITY

UNIT

PRICE TOTAL

500 7001 MOBILIZATION LS 1 $ $

SUBTOTAL $

BASE BID ROADWAY IMPROVEMENTS

100 7002 PREPARING ROW STA 2 $ $

502 7001 BARRICADES, SIGNS AND TRAFFIC

HANDLING MO 2 $ $

110 7001 EXCAVATION (ROADWAY) CY 30 $ $

247 7044 FL BS (CMP IN PLC)(TY A GR1-2) (6") SY 105 $ $

341 7050 D-GR HMA TY-D SAC-B PG70-22 (2") SY 44,150 $ $

341 7082 TACK COAT GAL 4,415 $ $

506 7039 TEMP SEDMT CONT FENCE (INSTALL) LF 150 $ $

506 7041 TEMP SEDMT CONT FENCE (REMOVE) LF 150 $ $

666 7213 RE PM TY II (Y) 6" (SLD) LF 35,655 $ $

666 7423 REFL PAV MRK TY I (Y)6"(SLD)(100MIL) LF 35,655 $ $

672 7004 REFL PAV MRKR TY II-A-A EA 446 $ $

SPEC COMMERCIAL TAPERS EA 3 $ $

SPEC RESIDENTIAL TAPERS EA 32 $ $

SPEC INTERSECTION TAPERS EA 4 $ $

BASE BID DRAINAGE IMPROVEMENTS

401 7001 FLOWABLE BACKFILL CY 15 $ $

432 7002 RIPRAP (CONC)(5 IN) CY 2 $ $

432 7030 RIPRAP (STONE COMMON)(DRY)(8 IN) CY 4 $ $

464 7005 RC PIPE (CL III)(24 IN) LF 196 $ $

467 7327 SET (TY II) (24 IN) (RCP) (6:1) (C) EA 8 $ $

BID ALTERNATE 1 IMPROVEMENTS (NEW BERLIN CITY LIMITS)

100 7002 PREPARING ROW STA 6 $ $

502 7001 BARRICADES, SIGNS AND TRAFFIC

HANDLING MO 1 $ $

110 7001 EXCAVATION (ROADWAY) CY 100 $ $

247 7044 FL BS (CMP IN PLC)(TY A GR1-2) (6") SY 425 $ $

341 7050 D-GR HMA TY-D SAC-B PG70-22 (2") SY 15,500 $ $

341 7082 TACK COAT GAL 1,550 $ $

506 7039 TEMP SEDMT CONT FENCE (INSTALL) LF 555 $ $

506 7041 TEMP SEDMT CONT FENCE (REMOVE) LF 555 $ $

666 7036 REFL PAV MRK TY I

(W)24"(SLD)(100MIL) LF 15 $ $

666 7184 RE PM TY II (W) 24" (SLD) LF 15 $ $

666 7213 REFL PAV MRK TY II (Y) 6" (SLD) LF 12,020 $ $

666 7423 RE PM W/RET REQ TY I (Y)6"(SLD)(100

MIL) LF 12,020 $ $

672 7004 REFL PAV MRKR TY II-A-A EA 151 $ $

SPEC RESIDENTIAL TAPERS EA 18 $ $

SPEC INTERSECTION TAPERS EA 2 $ $

BID ALTERNATE 2 IMPROVEMENTS (GUADALUPE COUNTY)

112 7001 SUBGRADE WIDEN (OC) STA 180 $ $

SUBTOTAL

BID ALTERNATE 3 IMPROVEMENTS (NEW BERLIN CITY LIMITS)

112 7001 SUBGRADE WIDEN (OC) STA 63 $ $

SUBTOTAL $

CONSTRUCTION SUBTOTAL $

CONST CONTINGENCY (10%) $

CONSTRUCTION GRAND TOTAL $

Guadalupe County will not pay any other charges.

Bi…