Bidding Requirements, Contract Forms and Conditions of the Contract

Table of Contents

Rev. Date 06/01/2026 Table of Contents Page 1 of 4

Document Number

Date Title

VOLUME 1 of 3

06/01/2026 Table of Contents

BIDDING REQUIREMENTS, CONTRACT FORMS, & CONDITIONS OF THE CONTRACT

Division 0 - General Requirements

00020 IDIQ 10/01/2024 Invitation for Bids 00100 09/21/2023 Instructions to Bidders 00220 03/30/18 Geotechnical Data 00300U IDIQ 09/01/2021 Unit Price Bid Form 04/03/2020 Total Bid Form 00400 10/10/2022 Statement of Bidder’s Experience 00405 03/30/2018 Certificate of Non-Suspension or Debarment 00410 01/12/2026 Statement of Bidder’s Safety Experience 00440 09/01/2025 Prohibited Activities 00500 IDIQ 08/12/2019 Agreement 00610 02/04/2020 Performance Bond 00620 02/04/2020 Payment Bond 00630 10/22/2019 Non-Discrimination and Non-Retaliation Certificate 00631 03/30/2018 Title VI Assurances Appendix A 00632 03/30/2018 Title VI Assurances Appendix E 00650 06/08/2018 Certificate of Insurance 00670 01/11/2019 Sales Tax Exemption Certificate 00680 03/30/2018 Non-Use of Asbestos Affidavit (Prior to Construction) 00681 03/30/2018 Non-Use of Asbestos Affidavit (After Construction) 00700 10/03/2025 General Conditions 00810 IDIQ 06/01/2026 Supplemental General Conditions 00810A 01/12/2026 Federal Aid Assurances 00820 IDIQ 03/30/2018 Modifications to Bidding Requirements and Contract Forms 00830 10/01/2025 Wage Rates and Payroll Reporting 00830HH 01/12/2026 Wage Rates Highway Heavy 00840 05/30/2025 Construction Training Program Requirements 00900 05/10/2021 Addendum (SAMPLE)

SPECIFICATIONS

Division 1 - General Requirements

01010 08/28/2020 Summary of Work 01050 10/19/2015 Grades Lines & Levels 01095 07/21/2003 Reference Standards and Definitions 01200 05/06/2022 Project Meetings 01300 05/06/2022 Submittals 01353 04/29/2020 Construction Equipment Emissions Reduction Plan 01380 04/14/2023 Construction Photography & Videos 01500 05/09/2025 Temporary Facilities 01505 08/12/2019 Construction and Demolition Waste Management 01550 08/09/2012 Public Safety and Convenience 01900 03/12/2012 Prohibition of Asbestos Containing Materials 01900a 06/05/2006 Statement of Non-Inclusion of Asbestos Containing Material (E/A

Prior to Design)

Rev. Date 06/01/2026 Table of Contents Page 2 of 4

01900b 06/05/2006 Statement of Non-Inclusion of Asbestos Containing Material (E/A After Design)

VOLUME 2 of 3

City Standard Technical Specifications

101S 03/25/2021 Preparing Right of Way 104S 09/26/2012 Removing Portland Cement Concrete 201S 06/17/2021 Subgrade Preparation 210S 02/24/2010 Flexible Base 230S 08/20/2007 Rolling (Flat Wheel) 232S 08/20/2007 Rolling (Pneumatic Tire) 234S 08/20/2007 Rolling (Tamping) 236S 08/20/2007 Proof Rolling 301S 08/20/2007 Asphalts, Oils, and Emulsions 306S 02/24/2010 Prime Coat 307S 02/24/2010 Tack Coat 315S 09/26/2012 Milling Asphaltic Concrete Pavement and Non-P.C. Concrete Base 340 03/20/2024 Hot Mix Asphaltic Concrete Pavement 360S 09/26/2012 Concrete Pavement 402 09/13/2022 Controlled Low Strength Material 403 04/14/2025 Concrete for Structures 406S 09/26/2012 Reinforcing Steel 408S 11/13/2007 Concrete Joint Materials 409S 11/13/2007 Membrane Curing 410S 09/14/2021 Concrete Structures 411S 11/13/2007 Surface Finishes for Concrete 430S 11/15/2011 P.C. Concrete Curb and Gutter 432S 01/04/2010 P.C. Concrete Sidewalk 433S 12/09/2008 P.C. Concrete Driveways 503 11/07/2022 Frames, Grates, Rings, and Covers 504S 02/24/2010 Adjusting Structures 505S 02/24/2010 Concrete Encasement and Encasement Pipe 506 02/22/2021 Manholes 509S 09/26/2012 Excavation Safety Systems 510 06/02/2025 Pipe 511 03/10/2025 Water Valves 513 06/02/2025 Polyethylene (HDPE) Pipe and Fittings C906, 4-Inch & Larger 601S 11/14/2016 Salvaging and Placing Topsoil 602S 06/16/2008 Sodding for Erosion Control 604S 06/17/2021 Seeding for Erosion Control 605S 06/21/2007 Soil Retention Blanket 610 04/14/2025 Preservation of Trees and Other Vegetation 620S 01/04/2016 Filter Fabric 628S 12/31/2013 Sediment Containment Dikes 641S 03/25/2021 Stabilized Construction Entrance 642S 09/01/2011 Silt Fence 700S 09/26/2012 Mobilization 703 09/22/1988 Fencing for Excavation 803S 11/15/2011 Barricades, Signs and Traffic Handling

Special Provisions to City Standard Technical Specifications

SP402 06/22/2023 Controlled Low Strength Material SP505S 10/16/2017 Concrete Encasement and Encasement Pipe SP506 06/26/2026 Manholes

Rev. Date 06/01/2026 Table of Contents Page 3 of 4

SP509S 10/16/2017 Excavation Safety Systems SP510 06/26/2026 Pipe SP511 06/26/2026 Water Valves SP513 06/26/2026 Polyethylene (HDPE) Pipe and Fittings C906, 4-Inch & Larger SP700S 01/10/2020 Mobilization SP803S 06/26/2026 Barricades, Signs and Traffic Handling

Special Specifications

SS520 06/21/2026 Large Diameter Water Main Manned Entry SS597 06/10/2026 Water Main Replacement by Pipe Bursting SS02225 06/21/2026 Excavation and Backfill SS02614 06/21/2026 Temporary Waterline Stops SS02667 05/18/2026 Emergency Waterline Repairs

City Standard Technical Details

340S-1 09/29/1999 HMAC Transverse Construction Joint 430S-1 09/29/1999 Curb and Gutter Section 430S-2 01/04/2010 Reinforced Curb and Gutter Section 430S-3 09/29/1999 Curb Expansion Joint and Dowel Detail 430S-4 09/29/1999 Concrete Backfill Under Curb and Gutter 430S-5 04/05/1999 Reinforcing Bar Detail at Existing Curb and Gutter 432S-1 10/29/2025 Sidewalk 432S-2A 10/29/2025 Detectable Warning Paver (City Property/ Easements) 432S-3 10/29/2025 Type I Curb Ramps – Full Intersection 432S-3A 10/29/2025 Type I Curb Ramps – “T” Intersection 432S-3B 10/29/2025 Type IA/IB Curb Ramps – Full Intersection 432S-3C 03/13/2006 Type IA/IB Curb Ramps – “T” Intersection 432S-3D 03/13/2006 Combined Curb Ramps – Full Intersection 432S-3E 03/13/2006 Combined Curb Ramps – “T” Intersection 432S-3F 03/13/2006 Combined Sidewalk Curb Ramps with Pavers 432S-3G 06/21/2007 Combined Sidewalk Curb Ramp with Pavers within Limited ROW

Only 432S-3H 08/20/2007 Type I Ramps within PC/PT of Curb and Gutter 432S-5 09/14/2005 Type I Sidewalk Curb Ramp 432S-5A 06/16/2008 Type IA Sidewalk Curb Ramp with Left Flare 432S-5B 09/14/2005 Type IB Sidewalk Curb Ramp 433S-1 04/14/2025 Type I Driveway (1 & 2 Family Residential Use Only) 433S-1A 04/14/2025 Flared Type I Driveway (1 & 2 Family Residential Use Only) 433S-2 02/24/2010 Type II Driveway 503S-4S 02/14/2002 Storm Drain Manhole Ring and 813 mm (32”) Cover 505S-1 08/18/2000 Concrete Encasement 506S-4 08/31/2011 Minor Manhole Adjustment and New Manhole Construction 510S-3 08/19/2002 Typical Trench with Paved Surface 510S-5 03/13/2006 Typical Trench with Unfinished Surface 510-6 02/11/1986 Concrete Thrust Blocking 511-AW-01 05/18/2016 Typical Gate Valve 4”-16” 511-AW-02 11/06/2023 Fire Hydrant 511-AW-03 05/18/2016 Drain Valve 511-AW-04A 09/11/2024 Combination Air Valve (CAV) Assemblies For Potable and Reclaimed Service (2", 4", & 6" only) 511-AW-05 05/18/2016 Automatic Flush Valve 513-AW-01 06/02/2025 HDPE MJ Adapter Connection 520-AW-01A 11/07/2018 Water/Wastewater Service on a Common Lot Line 520-AW-01B 06/02/2025 Water Service & Meter Installation – 1” & Smaller Meters 610S-1 11/15/1999 Tree Protection Fence Locations

Rev. Date 06/01/2026 Table of Contents Page 4 of 4

610S-4 11/15/1999 Tree Protection Fence Modified Type A – Chain Link 628S 03/27/2000 Triangular Sediment Filter Dike 639S-1 08/24/2010 Rock Berm 641S-1 05/23/2000 Stabilized Construction Entrance 642S-1 09/01/2011 Silt Fence 804S-1 01/04/2011 Arterial One Lane Closure 804S-1A 11/13/2007 Residential Road Narrows for Centerline Work 804S-1B 01/02/2025 Merging Bicyclist & Bicyclists Bypass 804S-2 03/13/2006 Collector/Residential Street Flagging Operations 804S-3 03/13/2006 Temporary Traffic Control Pavement Markings 804S-4 04/03/2009 Safety Fence 804S-5 01/04/2010 Channeling Devices 804S-6A 02/21/2001 Low Profile Concrete Barrier Type I (Portable and Precast) 804S-6B 02/21/2001 Low Profile Concrete Barrier Type II (Portable and Precast) 829S-1A 09/26/2012 Bicycle Lane Markings 829S-1B 11/13/2007 Bicycle Lane Markings and Signing at Intersections 1100S-1 01/04/2010 Casting Adjustment 1100S-2 01/04/2011 Flexible Base w/Asphalt Surface Trench Repair – Existing

Pavement 1100S-3 09/14/2005 Asphalt Overlay of Reinforced & Nonreinforced PC Pvt-Trench Repair 1100S-4 12/09/2008 Temporary Trench Repair – Asphalt Surface 1100S-5 09/14/2005 Full Depth Asphaltic Concrete Pavement Trench Repair 1100S-7 09/14/2005 Street Repair Requirements Within Intersections 1100S-8A 02/24/2010 Traffic Lane Replacement for Outer Lane Excavations 1100S-8B 02/24/2010 Traffic Lane Replacement for Interior Lane Excavations

VOLUME 3 of 3

08/2019 MBE/WBE Procurement Program Package

END

BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE CONTRACT

Rev. Date 10/01/2024 Invitation for Bids / 00020-IDIQ Page 1 of 5

IDIQ INVITATION FOR BIDS

Section 00020-IDIQ

1. OVERVIEW AND PROJECT INFORMATION

Following is a summary of information for this Project. Bidder is cautioned to refer to other sections of the Project Manual, Drawings and Addenda (Bid Documents) for further details.

The City of Austin, hereafter called OWNER, is requesting Bids for furnishing all labor, materials, equipment, supervision, and incidentals, and for performing all Work required for the following:

Project: 2026 Waterline On-Call Services IDIQ

Located at: Various Locations Within the City of Austin’s City Limits and

Extraterritorial Jurisdiction CIP ID No.: 2231.556

Solicitation No.: CLMC 1167

The Work generally consists of providing the following services, including but not limited to:

• Emergency on-call response services to repair and/or replace any necessary components of the Austin Water distribution system due to failure, leaks, line breaks, etc.

• Condition assessment, repair, and/or replacement of valves and manways throughout the

Austin Water distribution system.

• Operation and maintenance support of Austin Water O&M work groups on an as-needed basis.

2. CONTRACT TYPE

This Contract is an Indefinite Delivery, Indefinite Quantity (IDIQ) Contract. A Work Assignment will be issued to the CONTRACTOR for each specific Work Assignment location. The Work Assignment will include project location, Contract Time, engineering design documents, and other required documentation. The Contract Documents consist of all the applicable City of Austin standard details and specifications with the understanding that full design documents will be provided with each Work Assignment.

The CONTRACTOR is required to meet the OWNER in the field to discuss details of each potential Work Assignment. The final scope of the Work Assignment will be determined at that time and, if additional details are desired, the CONTRACTOR must request them at that time

3. TERM OF THE CONTRACT

The Contract will be for an Initial Term of twelve (12) months, with option of two possible twelve (12) month terms. Extension of the Contract will be at the mutual agreement of both the OWNER and the CONTRACTOR.

If the CONTRACTOR chooses not to renew, a hold over extension of the Contract term for up to 120 calendar days may be implemented by the OWNER to allow time for re-bidding. The OWNER reserves the right not to offer an extension. Work Assignments may be issued at any time during the term of the Contract. Work Assignments not completed by the expiration date of the Contract are subject to the terms and conditions of the Contract which will continue in full force and effect.

Rev. Date 10/01/2024 Invitation for Bids / 00020-IDIQ Page 2 of 5

4. CONTRACT AMOUNT

The initial Contract Amount will not exceed three million ($3,000,000) dollars for the initial Contract Term and three million ($3,000,000) dollars for each extension option for a total potential Contract Amount not to exceed nine million ($9,000,000) dollars. In the event available funding during a term has been expended, the City may initiate the early execution of an available extension option. Funding may be increased subject to the availability of funds and further approval of the Austin City Council.

The CONTRACTOR will base its bid amount on the CONTRACTOR’s unit prices and the estimated quantities of Work set forth in the Bid Form, which will only be used for the purpose of the comparison and evaluation of Bids. The OWNER will subsequently issue Work Assignments based on the O W N E R ’ s needs and not in accordance with the estimated quantities contained in the Bid documents up to the aggregated Contract Amount of nine million ($9,000,000) dollars, subject to further appropriations.

Each Work Assignment must be finally completed within the Contract Time established by the OWNER for each Assignment. The OWNER will consult with the CONTRACTOR regarding the duration of each Work Assignment, but the OWNER will have the ultimate discretion on the duration of the Assignment, which shall be reasonably determined. Work must continue through successive Working Days and approved working hours.

The unit prices bid by the successful bidder shall remain firm throughout the initial t e r m of the Contract. Bid prices may be adjusted for Contract extensions on the basis of an increase or decrease of the existing prices upwards or downwards in accordance with the 20 City average Engineering News Record Construction Cost Index (CCI) (at the time of the notice of contract extension) divided by the most current 20 City average Engineering News Record Construction Cost Index at the time of bid opening. The adjusted prices will be included in a contract amendment and will remain firm throughout the Contract extension period. Upon receipt of the notice of the exercise of the option for an additional contract term by the OWNER, the CONTRACTOR must request a Bid price adjustment in writing or the then current Bid prices will remain in full force and effect. The prevailing wage rates, Section 00830, will be replaced at the time of each contract extension with the then current prevailing wage rates.

5. BID DOCUMENTS

Bid Documents are obtained through the City’s Vendor Connection website, log on https://financeonline.austintexas.gov/afo/account_services/solicitation/solicitations.cfm. A complete set of Bid Documents, including all sections of the Project Manual and Drawings, are included in the attachments section of each solicitation.

All addenda and answers to Bidders questions will also be posted in the attachments section for each solicitation on the City’s Vendor Connection website.

6. SUBMISSION OF BIDS

Bids must be submitted electronically via Austin Finance Online eResponse (see eResponse Instructions.)

Disclaimer: The result of the bid opening does not become final until all bids are verified, and the bid tab is certified. The pencil bid tab and certified bid tab will be posted in Austin Finance Online at the following link:

https://financeonline.austintexas.gov/afo/account_services/solicitation/solicitations.cfm https://www.austintexas.gov/sites/default/files/files/Capital%20Contracting/eResponse%20Instructions%20Submitting%20Offers%20Austin%20Finance%20Online.pdf

Rev. Date 10/01/2024 Invitation for Bids / 00020-IDIQ Page 3 of 5

ALL BIDS AND COMPLIANCE PLANS ARE DUE PRIOR TO (Austin time) 2:00 PM ON September 3rd, 2026 BIDS WILL BE OPENED AT (Austin time) 3:00 PM ON September 3rd, 2026.

ALL BIDS AND COMPLIANCE PLANS NOT RECEIVED PRIOR TO THE DATE AND TIME SET FORTH ABOVE WILL NOT BE ACCEPTED FOR CONSIDERATION. The time of record is the time received in Austin Finance Online.

7. VENDOR REGISTRATION AND NON-DISCRIMINATION

To create, edit, or submit an eResponse Bid, you must be logged in to your vendor account as the primary contact. You are eligible to submit an eResponse Bid after creating a user account and providing the business information of your organization. All CONTRACTORS must be registered to do business with OWNER prior to the Contract Award. All Subcontractors must be registered with the OWNER prior to execution of a contract. Prime Contractors are responsible for ensuring that their Subcontractors are registered as vendors with the City of Austin. Registration can be done through the OWNER’s on-line Vendor Registration system. Log onto and follow directions:

https://financeonline.austintexas.gov/afo/account_services/account/login.cfm

The City of Austin, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

8. MBE/WBE PROCUREMENT PROGRAM

All City procurements are subject to the City’s Minority-Owned and Women-Owned Business Enterprise Procurement Program found at Chapter 2-9-A of the City Code, as amended. The Program provides Minority-Owned and Women-Owned Business Enterprises (MBEs/WBEs) or Disadvantaged Business Enterprises (DBEs) full opportunity to participate in all City contracts. Goals for MBE/WBE or DBE participation are stated for each solicitation. Information on achieving the goals or documenting good faith efforts to achieve the goals are contained in the MBE/WBE Procurement Program Package or DBE Procurement Program Package attached to the solicitation. When goals are established, Bidders are required to complete and return the MBE/WBE or DBE Compliance Plan with their Bid. If a Compliance Plan is not submitted prior to the date and time set forth in the solicitation, the Bid will not be accepted for consideration. (See Section 00820 for MBE/WBE requirements on "no goal" solicitations.)

9. BID GUARANTY

All Bids shall be accompanied by an acceptable Bid guaranty in an amount of not less than five percent (5%) of the total Bid, as specified in Section 00100, Instructions to Bidders.

10. BONDS AND INSURANCE

Performance and payment bonds for the initial term of the Contract shall be executed on forms furnished

Rev. Date 10/01/2024 Invitation for Bids / 00020-IDIQ Page 4 of 5 by OWNER. Each bond shall be issued in an amount of one hundred percent (100%) of the not to exceed Contract Amount by a solvent surety company authorized to do business in the State of Texas, and shall meet any other requirements established by law or by OWNER pursuant to applicable law. In the event that the Contract is renewed for additional one-year terms, a new bond or rider to the then existing bond in the full amount of the total not to exceed Contract Amount must be provided for the additional term(s).

11. WAGE COMPLIANCE

Minimum insurance requirements are specified in Section 00810-IDIQ, Supplemental General Conditions.

Prevailing wage rates have been established and are specified in Section 00830, Wage Rates and Payroll Reporting.

12. CONTRACT TIME

Contract Time is of the essence and all Work Assignments shall be completed within the number of days specified in the Notice to Proceed.

Work under this Contract will be issued as individual Work Assignments, as defined within Supplemental General Conditions, Section 00810-IDIQ. In addition, Work to be performed is generally outlined in the Summary of Work, Section 01010. Work duration and designations of substantial and/or final completion will be specific to each Work Assignment. Failure by the CONTRACTOR to satisfy the substantial/final completion requirements of any Work Assignment may be cause to stop issuance of further Work Assignments. The CONTRACTOR shall note that there may be multiple individual Work Assignments active at any given time.

Work contained within individual Work Assignments will vary based on the scope of Work. An individual Work Assignment may designate a substantial and/or final completion date, after which liquidated damages will be assessed until substantial and/or final completion is achieved, in accordance with the Bid Form, Section 00300U-IDIQ.

In addition, the CONTRACTOR will be required to have someone available and on-call at all times during the Contract to provide emergency on-call services as discussed in Section 01010, Summary of Work - Emergency Response. A CONTRACTOR who fails to meet the emergency response obligations of this Contract may be found in breach of this Contract.

13. OWNER’S RIGHTS

OWNER reserves the right to reject any or all Bids and to waive any minor informality in any Bid or solicitation procedure (a minor informality is one that does not affect the competitiveness of the Bid).

14. PRE-BID CONFERENCE

A non-mandatory Pre-Bid Conference will be held on August 6th, 2026, 10:00 am (Austin time), via webinar and teleconference. Bidders may participate in the virtual pre-bid conference by clicking this link: Pre-Bid Meeting Link or by calling +1 512-831-7858 United States, Austin (Toll), Conference ID: 490 157 034#. For those calling in, please send an email to Steven.Cocke@austintexas.gov with the subject line CLMC 1167, indicate in the body of the email your name, the firm you are representing, your contact https://gcc02.safelinks.protection.outlook.com/ap/t-59584e83/?url=https%3A%2F%2Fteams.microsoft.com%2Fmeet%2F271070650556527%3Fp%3DB9OG6b3QGjitOPFJi3&data=05%7C02%7CJeffrey.Shires%40austintexas.gov%7C195c8bf9632a4f97016008dee6762fdb%7C5c5e19f6a6ab4b45b1d0be4608a9a67f%7C0%7C0%7C639201592480490165%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=wA7mdbl%2FNx99xMUHbtyF72ZAoe%2BJbufl8PDv%2BtbcoyA%3D&reserved=0

Rev. Date 10/01/2024 Invitation for Bids / 00020-IDIQ Page 5 of 5 information and whether you are a prime firm or subcontractor. Please send this by 5:00 pm on the day of the virtual pre-bid meeting.

15. ANTI-LOBBYING AND PROCUREMENT

On June 14, 2018, the Austin City Council adopted Ordinance No. 20180614-056 replacing Chapter 2.7, Article 6 of the City Code relating to Anti-Lobbying and Procurement. The policy defined in this Code applies to Solicitations for goods and/or services requiring City Council approval under City Charter Article VII, Section 15 (Purchase Procedures). The City requires Offerors submitting Offers on this Solicitation to certify that the Offeror has not in any way directly or indirectly had communication restricted in the ordinance section 2-7-104 during the No-Lobbying Period as defined in the Ordinance. The text of the City Ordinance is posted on the Internet at:

https://assets.austintexas.gov/purchase/downloads/New_ALO_Ordinance_No_20180614-056.pdf

16. AUTHORIZED CONTACT PERSONS

The persons listed below may be contacted for information regarding the Invitation for Bid.

PROJECT MANAGER: Jeffrey G. Shires, P.E., phone 512-971-1131, email Jeffrey.Shires@austintexas.gov

CAPITAL PROCUREMENT CONTACT: Steven Cocke, phone 512-974-7998, email Steven.Cocke@austintexas.gov

SMALL & MINORITY BUSINESS RESOURCES DEPARTMENT CONTACT: Ruby Villanueva-Kellough, phone 512- 974-7639, email Ruby.Kellough@austintexas.gov https://assets.austintexas.gov/purchase/downloads/New_ALO_Ordinance_No_20180614-056.pdf

Rev. Date 09/21/2023 Instructions to Bidders / 00100 Page 1 of 15

1. PREPARATION OF BID

INSTRUCTIONS TO BIDDERS

Section 00100

1.1 Bid Documents. Each Bidder must prepare its Bid on forms furnished by OWNER or as otherwise specified or permitted. Blank spaces for each item in Bid form must be filled.

Bidder must submit a price for each item in Bid. In case of conflict between unit prices and extensions, unit prices shall govern. The Bid must be executed in the complete and correct legal name of individual, partnership, firm, corporation or other legal entity constituting the Bidder.

1.2 Vendor Registration. To create, edit, or submit an eResponse Bid, you must be logged in to your vendor account as the primary contact. You are eligible to submit an eResponse Bid after creating a user account and providing the business information of your organization. All CONTRACTORS must be registered to do business with OWNER prior to Contract Award. All Subcontractors must be registered with the OWNER prior to execution of a contract. Prime Contractors are responsible for ensuring that their Subcontractors are registered as vendors with the City of Austin. Registration can be done through the OWNER’s on-line Vendor Registration system. Log onto https://financeonline.austintexas.gov/afo/afo_content.cfm?s=17 and follow the directions.

1.3 Pre-Bid Conference. Unless otherwise notified, Bidders must attend the Pre-Bid Conference to ensure their understanding of OWNER’s bidding and contracting requirements, particularly MBE/WBE Procurement Program requirements.

1.4 Sales Tax Exemption. The Owner is a tax-exempt organization as defined by Chapter 11 of the Property Tax Code of Texas. Bid prices shall not include sales tax on materials, supplies, or equipment that are incorporated into the real property interest of the OWNER or are otherwise completely used and consumed in the performance of the Contract. OWNER will furnish CONTRACTOR with a Sales Tax Exemption Certificate to be issued to Suppliers in lieu of the tax.

1.5 Minimum Wages. Workers on Project shall be paid not less than wage rates, including fringe benefits, as published by the Department of Labor (DOL) for Building Construction and Heavy and Highway Trades “AS APPLICABLE” and/or the minimum wage required by City of Austin Ordinance No. 20160324-015, whichever is higher. The Total Minimum Wage required can be met using any combination of cash and non-cash qualified fringe benefits provided the cash component meets or exceeds the minimum wage required.

1.6 Addenda. Bidder shall be knowledgeable of all Addenda issued and shall acknowledge all Addenda in spaces provided on Bid form. Further information regarding the Bid documents and the Project may be obtained from the Project Manager listed at the end of Section 00020, Invitation for Bids.

1.7 Required Items. Bids must include all specified items in this section and be submitted in accordance with paragraph No. 7 below. Any additional requirement to the bid submittal is specified in Section 00820. Any corrections to a Bid shall be initialed by the person signing the Bid.

1.8 Professional Services. Bidders must secure any required professional services that are defined as professional services under the Professional Services Procurement Act, Chapter 2254 of the Texas Government Code (for example: registered professional land https://financeonline.austintexas.gov/afo/afo_content.cfm?s=17

Rev. Date 09/21/2023 Instructions to Bidders / 00100 Page 2 of 15 surveyors and professional engineers) using the qualifications based selection process prescribed by that chapter. (Note: It is a violation of State Law to solicit Bids for professional services.)

1.9 Further Information. Prospective Bidders desiring further information or interpretation of Project Manual or Drawings must make a written request for such information to OWNER addressed to the Authorized Contact Person listed in Section 00020 no later than seven (7) Working Days before Bid opening. Interpretation of Project Manual or Drawings will be made by Addendum only and obtained through the City’s Vendor Connection website.

Log on to:

https://financeonline.austintexas.gov/afo/account_services/solicitation/solicitations.cfm.

Any verbal communications will not be binding on the OWNER.

1.10 Anti-Lobbying and Procurement. Article 6, Chapter 2-7, City Code, repealed and replaced effective on June 25, 2018, prohibits lobbying activities or representations by Offerors during the No Lobbying Period as defined in the Ordinance.

1.10.1. FINDINGS; PURPOSE.

(A) The council finds that persons who enter a competitive process for a city contract voluntarily agree to abide by the terms of the competitive process, including the provisions of this article.

(B) The council finds that it is in the City's interest:

(i) to provide the most fair, equitable, and competitive process possible for selection among potential vendors in order to acquire the best and most competitive goods and services; and

(ii) to further compliance with State law procurement requirements.

(C) The council intends that:

(i) each response is considered on the same basis as all others; and

(ii) respondents have equal access to information regarding a solicitation, and the same opportunity to present information regarding the solicitation for consideration by the City.

1.10.2. APPLICABILITY.

(A) This article applies to all solicitations except:

(i) City social service funding;

(ii) City cultural arts funding;

(iii) federal, state or City block grant funding;

(iv) the sale or rental of real property;

(v) interlocal contracts or agreements; and

(vi) solicitations specifically exempted from this article by council.

(B) Absent an affirmative determination by the council, the purchasing officer has the discretion to apply this article to any other competitive process.

(C) City Code Section 1-1-99 (Offenses; General Penalty) does not apply to this article.

1.10.3. DEFINITIONS.

In this article:

(A) AGENT means a person authorized by a respondent to act for or in place of the respondent in order to communicate on behalf of that respondent.

Each of the following is presumed to be an agent:

Rev. Date 09/21/2023 Instructions to Bidders / 00100 Page 3 of 15

(i) a current full-time or part-time employee, owner, director, officer, member, or manager of a respondent;

(ii) a person related within the first degree of consanguinity or affinity to a current fulltime or part-time employee, owner, director, officer, member, or manager of a respondent;

(iii) a person related within the first degree of consanguinity or affinity to the respondent, if a respondent is an individual person; and Section 0200 V2, Solicitation Instructions 4 Rev. 06-26-2018

(iv) a lobbyist, attorney, or other legal representative of the respondent that has been retained by the respondent with respect to the subject matter of either the solicitation or the respondent’s response to the solicitation.

(B) AUTHORIZED CONTACT PERSON means a City employee designated in a City solicitation as the point of contact for all purposes for that solicitation.

(C) CITY EMPLOYEE is defined in Section 2-7-2 (Definitions), and further includes an independent contractor hired by the City with respect to the solicitation.

(D) CITY OFFICIAL is defined in Section 2-7-2 (Definitions).

(E) NO-LOBBYING PERIOD means the period of time beginning at the date and time a solicitation is published and continuing through the earliest of the following:

(i) the date the last contract resulting from the solicitation is signed;

(ii) 60 days following council authorization of the last contract resulting from the solicitation; or

(iii) cancellation of the solicitation by the City

(F) PURCHASING OFFICER means the City employee authorized to carry out the purchasing and procurement functions and authority of the City.

(G) RESPONSE means a submission in reply to a solicitation.

(H) RESPONDENT means a person or entity that has timely submitted or subsequently timely submits a response to a City solicitation, even if that person subsequently withdraws its response or has been disqualified by the City for any reason. Respondent includes:

(i) a subsidiary or parent of a respondent;

(ii) a joint enterprise, joint venture, or partnership with an interest in a response and in which a respondent is a member or is otherwise involved, including any partner in such joint enterprise, joint venture, or partnership; and

(iii) a subcontractor to a respondent in connection with that respondent's response.

(I) SOLICITATION means an opportunity to compete to conduct business with the City that requires council approval under City Charter Article VII Section 15 (Purchase Procedure), and includes, without limitation:

(i) an invitation for bids;

(ii) a request for proposals;

(iii) a request for qualifications;

(iv) a notice of funding availability; and

(v) any other competitive solicitation process for which the purchasing officer, in the purchasing officer’s sole discretion, affirmatively determines this article should apply in accordance with Section 2-B.

1.10.4. RESTRICTION ON LOBBYING.

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Subject to the exclusions in Section 5 (Permitted Communications), during a no-lobbying period,

(A) a respondent or an agent shall not communicate directly with a City official or a City employee, or both in order to:

(i) provide substantive information about any respondent or response with respect to the solicitation to which the communication relates;

(ii) encourage the City to reject one or more of the responses to the solicitation to which the communication relates;

(iii) convey a complaint about the solicitation to which the communication relates; or

(iv) ask any City official or City employee to favor or oppose, recommend or not recommend, vote for or against, consider or not consider, or take action or refrain from taking action on any vote, decision, or agenda item regarding the solicitation to which the communication relates.

(B) a City official shall not contact or communicate with a respondent regarding a response or the solicitation to which the no-lobbying period applies;

(C) a City employee, other than the authorized contact person, shall not contact or communicate with a respondent regarding a response or the solicitation to which the no-lobbying period applies.

1.10.5. PERMITTED COMMUNICATIONS.

The following communications are permitted under this article at any time:

(A) any communication between a respondent or agent and any authorized contact person, including, without limitation and in accordance with regulation, any complaint concerning the solicitation;

(B) any communication between a respondent or agent and any person to the extent the communication relates solely to an existing contract between a respondent and the City, even when the scope, products, or services of the current contract are the same or similar to those contained in an active solicitation;

(C) any communication between a respondent or an agent and a City employee to the extent the communication relates solely to a non-substantive, procedural matter related to a response or solicitation;

(D) any communication required by or made during the course of a formal protest hearing related to a solicitation;

(E) any communication between a respondent or an agent and the City’s Small & Minority Business Resources Department, that solely relates to compliance with Chapters 2-9A through 2-9D (Minority-Owned and Women- Owned Business Enterprise Procurement Program) of the City Code;

(F) any communication between an attorney representing a respondent and an attorney authorized to represent the City, to the extent the communication is permitted by the Texas Disciplinary Rules of Professional Conduct;

(G) any communication made by a respondent or an agent to the applicable governing body during the course of a meeting properly noticed and held under Texas Government Code Chapter 551 (Open Meetings Act);

(H) any communication between a respondent or an agent and a City employee whose official responsibility encompasses the setting of minimum insurance requirements for the solicitation to which the communication relates, to the extent the communication relates solely to the insurance requirements established by the City in the solicitation; and

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(I) any contribution or expenditure as defined in Chapter 2-2 (Campaign Finance).

1.10.6. MODIFICATION OF RESTRICTION.

The purchasing officer may waive, modify, or reduce the requirements in Section 4 (Restrictions on Lobbying) in order to allow respondents to communicate with a City employee or a City official other than the authorized contact person when the purchasing officer determines, in writing, that the solicitation must be conducted in an expedited manner, including but not limited to a solicitation conducted for reasons of health or safety under the shortest schedule possible with no extensions. Any such modification authorized by the purchasing officer shall be stated in the solicitation.

1.10.7. NOTICE.

(A) Each solicitation shall include a notice advising respondents and prospective respondents:

(i) of the requirements of this article;

(ii) that any communication initiated by a City employee or City official, other than the authorized contact person, during the no-lobbying period regarding a response or the solicitation may result in a violation of Section 4(A) if the respondent subsequently lobbies that City employee or City official.

(B) The purchasing officer, or a City employee designated by the purchasing officer, shall provide weekly written notice, accessible to all City employees and City officials, of each solicitation for which the no-lobbying period is in effect.

1.10.8. DISCLOSURE OF VIOLATION.

A City official or a City employee other than the authorized contact person that becomes aware of a violation of Section 4 (Restrictions on Lobbying) shall notify the authorized contact person in writing as soon as practicable.

1.10.9. ENFORCEMENT.

(A) A respondent that has been disqualified pursuant to Section 10(A) (Disqualification; Contract Voidable) may appeal such disqualification to a subcommittee that is less than a quorum of the Ethics Review Commission established in Chapter 2-7, Article 2 (Ethics Review Commission), whose decision on appeal shall be final and binding. Any appeal must be filed in the manner prescribed by the Ethics Review Commission within 5 calendar days of the notice given by the purchasing officer pursuant to Section 10(B).

(B) The purchasing officer shall waive a violation of Section 4(A) if the violation was solely the result of communications initiated by a City official or a City employee other than the authorized contact person.

(C) The purchasing officer has the authority to enforce this article through rules promulgated in accordance with Chapter 1-2 (Adoption of Rules), which at a minimum shall include a notice and protest process for respondents disqualified pursuant to Section 10 (Disqualification;Contract Voidable), including:

(1) written notice of the disqualification imposed pursuant to Section 10 (Disqualification;Contract Voidable);

(2) written notice of the right to protest the disqualification imposed;

and

(3) written notice of the right to request an impartial hearing process.

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1.10.10. DISQUALIFICATION; CONTRACT VOIDABLE.

(A) If the purchasing officer finds that a respondent has violated Section 2-7- 104(1), the respondent is disqualified from participating in the solicitation to which the violation related.

(B) The purchasing officer shall promptly provide written notice of disqualification to a disqualified respondent.

(C) If a respondent is disqualified from participating in a solicitation as a result of violating Section 2-7-104(1) and the solicitation is cancelled for any reason, that respondent is also disqualified from submitting a response to any reissue of the same or similar solicitation for the same or similar project. For the purposes of this section, the purchasing officer may determine whether any particular solicitation constitutes a “same or similar solicitation for the same or similar project”.

(D) If a respondent violates Section 104(1) and is awarded a contract resulting from the solicitation to which the violation relates, the City may void that contract.

(E) Respondents that violate Section 2-7-104(1) three or more times during a five year period may be subject to debarment from participating in any new contracts with the City for a period of up to three years.

1.11 City’s Minority-Owned and Women-Owned Business Enterprise / Disadvantaged Business Enterprise (MBE/WBE or DBE) Program Requirements.

Good Faith Efforts. When a bidder cannot achieve the MBE/WBE or DBE goals or subgoals established for the project, the bidder must document its Good Faith Efforts to meet the goals or subgoals. Good Faith Effort evaluations will consider, at a minimum, the bidder’s efforts to do the following:

1.11.1 Soliciting through at least two reasonable, available and verifiable means MBEs/WBEs within the Significant Local Business Presence boundaries at least seven (7) business days prior to the bid opening date to allow the MBEs/WBEs or DBEs to respond to the bid.

1.11.2 Providing interested MBEs/WBEs or DBEs adequate information about the bid documents and requirements, including addenda, in a timely manner to assist them in responding to the bid.

1.11.3 Negotiating in good faith with interested MBEs/WBEs DBEs that have submitted bids to the bidder.

1.11.4 Publishing notice in a local publication such as a newspaper, trade association publication or via electronic/social media.

1.11.5 Not rejecting MBEs/WBEs or DBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities.

1.11.6 Making economically feasible portions of the work available to MBE/WBE or DBE subcontractors and suppliers and to select those portions of the work or material needs consistent with the available MBE/WBE or DBE subcontractors and suppliers, so as to facilitate meeting the goals or subgoals.

1.11.7 The ability or desire of the bidder to perform the project work with its own

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1.11.8 Bidders are not required to accept higher quotes in order to meet the goals or subgoals.

1.11.9 Effectively using the services of Minority Person/Women community organizations; Minority Person/Women Contractors groups; local, state and federal Minority Person/Women business assistance offices; and other organizations to provide assistance in solicitation and utilization of MBEs, WBEs and/or DBEs.

1.11.10 In assessing minimum Good Faith Efforts, the OWNER may consider (1) whether the bidder sought guidance from the City of Austin Small and Minority Business Resources Department (SMBR) on any question regarding compliance with these requirements; and (2) the performance of other bidders in meeting the goals.

For additional information, refer to the MBE/WBE or DBE Compliance Program Requirements Volume of the Project Manual.

Bid shopping is not allowed in conjunction with this solicitation and may result in the disqualification of prospective bidders and subcontractors.

2. ESTIMATES OF QUANTITIES (UNIT PRICE CONTRACTS ONLY)

Quantities listed in unit price Bid form are to be considered approximate quantities and will be used only for comparison of Bids. Payment to CONTRACTOR will be made only for actual quantities of Work performed or materials furnished in accordance with Contract and it is understood that quantities may be increased or decreased as provided in Section 00700, General Conditions, and as may be modified by Section 00810, Supplemental General Conditions.

3. DRAWINGS, PROJECT MANUAL AND SITE (S) OF WORK

Before submitting a Bid, the Bidder shall carefully examine the Bid Documents, site(s) of the proposed Work, soils, and other conditions that may affect the performance of the Work to satisfy the Bidder as to character, quality and quantities of Work to be performed and materials to be furnished. By submitting a Bid, the Bidder will be deemed to have certified that the Bidder has complied with these requirements. If, during preparation of the Bid, the Bidder discovers any suspected discrepancies or errors, the Bidder must immediately notify the Authorized Contact Person in writing of the suspected discrepancy or error. Failure to provide written notice of any suspected discrepancies or errors may be cause for rejection of the Bid.

4. BID GUARANTY

All Bids shall be accompanied by a Bid guaranty in an amount of not less than five percent (5%) of the total Bid. Bid guaranty will be a Bid bond with Power of Attorney attached, issued by a solvent surety authorized under laws of the State of Texas and acceptable to OWNER. For Bidders electing to submit Bids and Bid Guaranties electronically via Austin Finance Online, Bid Guaranties will be verified by the Owner prior to bid certification and electronic copies of Bid Guaranties will not be returned to Bidders.

The Bid guaranty accompanying the Bid of the three (3) apparent low Bidders will be retained until Contract is awarded and successful Bidder executes Contract and furnishes required

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Bid shall include all specified items in this section submitted electronically via Austin Finance Online.

bonds and insurance, after which Bid guaranties will be returned to the Bidders. All other Bid guaranties will be returned after Bid certification. In the event that the Bidder to whom the Contract is awarded fails to execute the Contract within five (5) working days of receipt of a complete set of Contract Documents the Bidder agrees that the OWNER in its discretion may rescind the initial award and award the Contract to the next lowest responsible Bidder.

5. PERFORMANCE AND PAYMENT BONDS

When performance and/or payment bonds are required, each shall be issued in an amount equal to the Contract Amount as security for the faithful performance and/or payment of all Contractor's obligations under the Contract Documents. Performance and payment bonds shall be issued by a solvent corporate surety authorized to do business in the State of Texas, and shall meet any other requirements established by law or by OWNER pursuant to applicable law.

6. CONSIDERATION OF BID AMOUNT

For purpose of award, after Bids are opened, reviewed, and certified, the total amount of the Bid, including accepted Bid alternates, will be considered the amount of the Bid.

Certified Bid tabulations will be made available to the public through the City’s Vendor Connection website, log on https://financeonline.austintexas.gov/afo/account_services/solicitation/solicitations.cfm.

OWNER reserves the right to reject any or all Bids and to waive any minor informality in any Bid or solicitation procedure (a minor informality is one that does not affect the competitiveness of the Bids).

7. SUBMISSION OF BID

Each Bid must be completed and signed by person(s) authorized to bind individual, partnership, firm, corporation, or any other legal entity submitting the Bid, and, shall include the following electronically via Austin Finance Online eResponse:

7.1 One copy of Bid form (Section 00300L or 00300U) completed and signed.

7.2 Acknowledgment of receipt of Addenda issued in spaces provided in Bid form.

7.3 One copy of Required Bid guaranty

7.4 Required Information indicated in Drawings or Project Manual as specified in Section 00820.

7.5 One copy of Total Bid Form.

Bid must be accompanied by an MBE/WBE or DBE Compliance Plan submitted electronically via Austin Finance Online, prior to the date and time set forth in Section 00020, Invitation for Bids. The Compliance Plan forms are included in the MBE/WBE Procurement Program Package or DBE Procurement Program Package (a separately bound volume).

In submitting its Bid, Bidder certifies that it has not lobbied the City or its officials, managers, employees, consultants, or contractors in such a manner as to influence or to attempt to influence the bidding process. In the event it reasonably appears that the Bidder influenced or attempted to influence the bidding process, the City may, in its discretion, reject

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8. WITHDRAWAL OF BID

For withdrawal of an electronic bid see eResponse Instructions.

9. REJECTION OF BIDS

9.1 The following will be cause to reject a Bid:

9.1.1 Failure to submit Section 00300 (Bid Form) and signed by an individual empowered to bind the Bidder.

9.1.2 Bids which are not accompanied by acceptable Bid guaranty, with Power of

Attorney attached, or a letter certifying the Bidder’s ability to be bonded, from a surety company, in accordance with Paragraph 4 above.

9.1.3 More than one Bid for same Work from an individual, firm, partnership or corporation.

9.1.4 Evidence of collusion among Bidders.

9.1.5 Sworn testimony or discovery in pending litigation with OWNER which discloses misconduct or willful refusal by contractor to comply with subject contract or instructions of OWNER.

9.1.6 Failure to submit MBE/WBE or DBE Compliance Plan in accordance with the separately bound volume titled MBE/WBE Procurement Program Package or DBE Procurement Program Package.

9.1.7 Failure to have an authorized agent of the Bidder attend the mandatory Pre- Bid Conference, if applicable.

9.1.8 Bids received from a Bidder who has been debarred or suspended by OWNER’s

Purchasing Officer.

9.1.9 Bids received from a Bidder when Bidder or principals are currently debarred or suspended by Federal, State or City governmental agencies. (Applicable for Bid amounts equal to or in excess of $25,000.00).

9.1.10 Bids received from a Bidder, who is identified on a list maintained by the Texas Comptroller of Public Accounts as a company known to have contracts with or provide supplies or services to a foreign terrorist organization, unless otherwise exempted from sanctions by the United States government.

9.2 The following may be cause to reject a Bid:

9.2.1 Poor performance in execution of work under a previous City of Austin contract.

9.2.2 Failure to achieve reasonable progress on an existing City of Austin contract.

9.2.3 Default on previous contracts or failure to execute Contract after award.

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9.2.4 Evidence of failure to pay Subcontractors, Suppliers or employees in accordance with Contract requirements.

9.2.5 Bids containing omissions, alterations of form, additions, qualifications or conditions not called for by OWNER, or incomplete Bids may be rejected.