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CITY OF PEARLAND

BRAZORIA COUNTY, TEXAS

TABLE OF CONTENTS

Note: BOLD specification sections are City of Pearland Standard Construction Documents and are incorporated into this project manual. Standard specifications not attached herein can be found here: https://www.pearlandtx.gov/departments/engineering-and-capital-projects/engineering-division/standard-construction-documents and are incorporated into this Invitation to Bid by reference as if copied verbatim.

SECTION TITLE

DIVISION 00 – BIDDING AND CONTRACT DOCUMENTS

00100 Invitation to Bid 00200 Instructions to Bidders 00300 Bid Proposal 00500 Standard Form of Agreement 00610 Performance Bond 00611 Payment Bond 00612 Two-Year Maintenance Bond 00615 Partial Waiver of Lien 00700 General Conditions of Agreement 00800 Special Conditions of Agreement

DIVISION 01 – GENERAL REQUIREMENTS

01100 Summary of Work 01140 Contractor’s Use of Premises 01200 Measurement and Payment Procedures 01290 Change Order Procedures 01310 Coordination and Meetings 01350 Submittals 01380 Construction Photographs 01420 Referenced Standards 01430 Contractor’s Quality Control 01440 Inspection Services 01450 Testing Laboratory Services 01500 Temporary Facilities and Controls 01505 Mobilization 01550 Stabilized Construction Exit 01555 Traffic Control and Regulation 01560 Filter Fabric Fence 01561 Reinforced Filter Fabric Barrier 01562 Waste Material Disposal 01563 Tree and Plant Protection 01564 Control of Ground Water and Surface Water 01565 TPDES Requirements 01566 Source Controls for Erosion and Sedimentation 01570 Trench Safety System 01580 Project Identification Signs 01600 Material and Equipment http://www.pearlandtx.gov/departments/engineering-and-capital-

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01630 Product Options and Substitutions 01720 Field Surveying 01750 Starting Systems 01760 Project Record Documents 01770 Contract Closeout

DIVISION 02 – SITE WORK

02200 Site Preparation 02220 Site Demolition 02252 Cement Stabilized Sand 02255 Bedding, Backfill, and Embankment Materials 02316 Excavation and Backfill for Roadways 02317 Excavation and Backfill for Structures 02318 Excavation and Backfill for Utilities 02330 Embankment 02335 Subgrade 02370 Geotextile 02415 Augering Pipe or Casing for Sewers 02417 Augering Pipe or Casing for Water Lines 02510 Water Mains 02511 Water Meters 02512 Polyethylene Wrap 02513 Steel Pipe and Fittings for Large Diameter WaterLines 02514 Fire Hydrant Assembly 02515 Water Tap and Service Line Installation 02520 Valve Boxes, Meter Boxes, and Meter Vaults 02530 Gravity Sanitary Sewers 02531 Sanitary Sewer Service Leads or Reconnections 02532 High Density Polyethylene (HDPE) Solid Wall Pipe 02533 Sanitary Sewage Force Mains 02534 PVC Pipe 02540 Tapping Sleeves and Valves 02541 Water and Wastewater Line Valves 02542 Concrete Manholes and Accessories 02582 Thermoplastic Pavement Markings 02603 Frames, Grates, Rings, and Covers 02624 Structural Plate Culvert Structures 02628 Jacking Pipe or Box 02629 Safety End Treatments 02630 Storm Sewers 02631 Precast Inlets, Headwalls, and Wingwalls 02632 Cast-in-Place Inlets, Headwalls, and Wingwalls 02633 Adjusting Manholes, Inlets, and Valve Boxes 02634 Ductile Iron Pipe and Fittings 02635 Steel Pipe and Fittings 02636 Polyurethane Coating on Steel or Ductile Iron Pipe 02710 Base Course for Pavement 02741 Asphaltic Concrete Pavement 02742 Prime Coat 02743 Tack Coat 02744 Single Course Surface Treatment 02751 Concrete Pavement 02762 Temporary and Removable Reflectorized Pavement Marking 02770 Curb, Curb & Gutter, and Headers 02771 Concrete Sidewalks 02775 Concrete Driveways

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02811 Landscape Irrigation 02820 Wood Fences and Gates 02821 Chain Link Fences and Gates 02910 Topsoil 02921 Hydro mulch Seeding 02922 Sodding 02931 Landscape and Tree Planting 02980 Pavement Repair and Resurfacing 02981 Blast Cleaning of Pavement

DIVISION 03 - CONCRETE

03300 Cast In Place Concrete 03310 Structural Concrete

END OF SECTION

CITY OF PEARLAND INVITATION TO BID

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Section 00100

INVITATION TO BID

CITY OF PEARLAND, TEXAS

LOWEST RESPONSIBLE BIDDER

Sealed Electronic Bids will be accepted for the following project, in the City’s E-bid System.

Electronic bids shall be submitted through the City’s web site at:

https://pearland.ionwave.net/Login.aspx. All interested Bidders are required to register as a “supplier” on the City’s E-bid System at the above web address and clicking on “Supplier Registration”. Registration provides automatic access to any changes to the Plans, Specifications or Bid time and date.

However, submission of an E-bid requires completing a short registration questionnaire found on this web site. When prompted to add or remove commodity codes registrants must add the codes listed below:

* Building Construction Services, New (Includes Maintenance and Repair Services)

* Construction Services, General (Includes Maintenance and Repair Services)

* Construction Services, Heavy (Includes Maintenance and Repair Services)

* Construction Services, Trade (New Construction)

For more information regarding registration instructions, see INSTRUCTIONS TO BIDDERS, Section 00200, included in the project bid documents viewable on the web site. Questions regarding electronic bidding should be directed to Purchasing at ebids@pearlandtx.gov. All Bids submitted electronically will remain confidential until the opening date and time when they will be opened and read into the public record.

Bids will be submitted no later than Thursday, August 6, 2026, by 2:30 P.M. to be considered. Bids may be submitted in the following formats:

1. By sealed electronic bid, as found in the City’s E-bid system at https://pearland.ionwave.net. Electronic bids shall be submitted through the City’s website by the date and time stated above. All interested e-bidders must register as a supplier on the City’s E-bid system, at no charge, at the above web address by clicking on “Supplier Registration” and providing the required information. Registration provides access to bid specifications and any subsequent changes to the ITB specifications or bid time and date.

Questions regarding electronic bidding should be directed to Purchasing at ebids@pearlandtx.gov. All bids submitted electronically will remain sealed and confidential until the opening date and time when they will be unsealed and read into the public.

2. Hard copy submission, include one (1) original and one (1) electronic version of the bid, in person to City of Pearland, City Secretary’s Office, City Hall, 3519 Liberty Drive, Pearland, TX 77581. Envelope shall be sealed and clearly marked with Bid number ITB 88-26 and Company Name and Address.

3. By mail to address stated in item (B), above;

4. By commercial delivery service to address stated in item (B) above;

5. Facsimile and/or email transmittals shall not be accepted as valid bids.

https://pearland.ionwave.net/Login.aspx mailto:ebids@pearlandtx.gov https://pearland.ionwave.net/

CITY OF PEARLAND INVITATION TO BID

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Asphalt Road Repair Contract

City of Pearland, Texas

ITB NO.: 88-26

A mandatory pre-bid conference will be held at City of Pearland Engineering & Public Works facility at 2016 Old Alvin Rd, Pearland, Texas 77581 at 2:30 p.m. on Tuesday, July 28, 2026. .

The project will entail an asphalt road repair service to improve road network conditions at various locations within the City of Pearland city limits. Work to be performed generally includes base repair, milling of asphalt, and repaving of selected streets.

Upon award of a contract, the successful Bidder will be required to utilize the City’s web-based project management system, for the administration of the construction project, including but not limited to, all transmittals and material submittals, RFI’s, RFC’s, Change Orders, Applications for Payment and all project communications with the City, its Construction Manager and Engineer.

This system has certain hardware, internet access and operation requirements that form the basis for all project communications, documentation and records for the project. For more information, see INSTRUCTIONS TO BIDDERS, Section 00200.

Electronic Bid Documents: including Contract Documents, Plans and Technical Specifications are available for download on the City’s Website at: https://pearland.ionwave.net/ Login.aspx upon registration. The documents are NOT viewable without registration.

No plan fees or deposits are required for plans and bid documents obtained through the City’s E-bid System. BIDDERS MUST REGISTER AS A SUPPLIER ON THE CITY’S E-BID SYSTEM

IN ORDER TO SUBMIT A BID EVEN IF BID DOCUMENTS ARE OBTAINED VIA ONE OF

THE PLAN HOUSES.

Bidders accept sole responsibility for downloading all of the required documents, plans, specifications bid forms and addenda required for bidding.

No bid may be withdrawn or terminated for a period of ninety (90) days subsequent to the bid opening date without the consent of the City of Pearland. Unless otherwise expressly provided herein, all references to “day(s)” shall mean calendar day(s).

Bid Security and Bonds: Bid Security in the form of Cashier’s Check, Certified Check, or Bid Bond payable to the City of Pearland in the amount of 5% of the total base bid price must accompany each proposal. Bidders submitting bids electronically through the E-bid System shall scan and up-load a copy of the sealed Bid Bond as an attachment to their bid. Original documents for Bid Security shall be requested by the City from the lowest two bidders and delivered to the City’s Purchasing Officer within 48 business hours of the Bid Opening. Bid Security shall be delivered to: Office of City Purchasing, Finance Department, City Hall Annex, 3523 Liberty Drive, Pearland, Texas 77581.

CITY OF PEARLAND INSTRUCTIONS TO BIDDERS

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The successful Bidder must furnish Performance and Payment Bonds as required by Chapter 2253 of the Texas Government Code or other applicable law, as amended, upon the form included in the Contract Documents, in the amount of one hundred percent (100%) of the contract price, such bonds to be executed by a corporate surety duly authorized to do business in the State of Texas, and named in the current list of “Treasury Department Circular No. 570”, naming the City of Pearland, Texas as Obligee. Additionally, the successful bidder shall be required to provide a two-year Maintenance Bond for the improvements installed as part of this work, as provided in the Special Conditions of Agreement.

Equal Opportunity: All responsible bidders will receive consideration for award of contract without regard to race, color, religion, sex, or national origin.

The contractor, sub-recipient, or sub-contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract.

The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate.

Nondiscrimination: The City, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- Assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full 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.

DBE/SBE Goal: The Disadvantaged Business Enterprise (DBE) goal for this project is 0%. The Small Business Enterprise (SBE) goal for this project is 0%. DBEs and SBEs selected must be TxDOT approved. Race neutral participation is encouraged and can be achieved through various supplier and subcontracting opportunities.

Selection Criteria: The Contract is to be awarded on the basis of Lowest Responsible Bidder. In identifying this criteria, the City will consider: 1) lowest total bid price for all work listed and specifically requested, including but not limited to: Base Bid, Extra Work items and selected Alternates. The City of Pearland reserves the right to award a contract based on any combination of the above considered to be in its best interests or to reject any or all bids.

A bid that has been “opened” may not be changed for the purposes of correcting an error in the bid price.

Frances Aguillar, TRMC, MMC City Secretary, City of Pearland

First Publication date July 15, 2026 Second Publication date July 22, 2026

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Section 00200

INSTRUCTIONS TO BIDDERS (LRB)

1. Defined Terms

1.1 The term “Owner” hereinafter is defined as the City of Pearland and is used interchangeably with the term “the City”. Both terms are synonymous and refer to the City of Pearland and may be used inter-changeably.

1.2 The term "Bidder" means one who submits a Bid Proposal directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the Lowest Responsible Bidder to whom the Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bid Documents" includes the Invitation to Bidders, Instructions to Bidders, the Bid Proposal, and the proposed Contract Documents (plans and specifications including all Addenda issued prior to bid opening).

1.3 The term “E-bid System” refers to the City’s electronic bidding system. This is a web-based system (Ion Wave) that provides all Bid Documents electronically to interested parties (potential Bidders and forms the pathway for Bidders to submit bids in response to The Invitation to Bid. The term “e-bid” and/ or “electronic bid” means the Bidders’ electronic response submitted on the electronic Bid Proposal with all required attachments to the Owner by way of the E-bid System. The terms “electronic bid” or “e-bid” are used inter-changeably to describe the above bid submittal process to submit a bid to the City in response to an Invitation to Bidders.

1.4 The term “Project Management Software” means the City’s web-based contract administration and construction records management software used by the contracting parties to administer the project. This system serves as the web accessed centralized project information hub for communications and document management, pay application processing and record retention for all project documentation. Operational instructions for accessing this system will be issued to the successful Bidder at the pre-Construction Meeting.

1.5 All other definitions set out in the Contract Documents are applicable to terms used in the Bidding Documents.

1.6 Unless otherwise expressly provided herein, all references to “day(s)” shall mean consecutive calendar day(s).

1.7 The term “Alternate(s)” or “Add Alternate(s)” as used here inter-changeably are defined as an additive work item that may be selected or rejected by the Owner based on the Owner’s sole acceptance or rejection of the price proposed for this item. Alternate bid prices shall include all labor, material, equipment and overhead costs to perform the work as specified, complete in place. When selected by the Owner, the costs for an Alternate work item shall be added to the Base Bid price and made a part of the Contract price.

2. Registration for E-bid System

2.1 The Owner’s E-bid System is accessible via the City’s web site at https://pearland.ionwave.net/Login.aspx. Bid documents can be viewed by simply selecting a specific project from the BID OPPORTUNITIES list and clicking on that project AFTER registration as a Supplier. Interested Bidders MUST REGISTER as a “Supplier” by clicking on

08-2018 00200 - 3 of 9 the Supplier Registration button and completing the registration form. When prompted to add or remove commodity codes registrants must add the codes listed below:

* Building Construction Services, New (Includes Maintenance and Repair Services)

* Construction Services, General (Includes Maintenance and Repair Services)

* Construction Services, Heavy (Includes Maintenance and Repair Services)

* Construction Services, Trade (New Construction)

Select the appropriate Time Zone for the Bidder’s location and whether that location observes Daylight Savings time. Complete the registration information providing all required contact information and establish password security for the E-bid System. Once complete, “suppliers” will receive emails notifying of future bid opportunities. Downloading any project bid data will automatically place the bidder’s contact information on the list of plan holders and the E-bid System will automatically send any and all updates, addenda, changes or additional information associated with that project.

2.2 The electronic Bid Proposal can only be submitted through this system. The form can be printed for Bidder’s use, but the Bid Proposal MUST be submitted on the electronic form within the E-bid System.

2.3 Questions regarding use of the E-bid System may be directed by email to:

ebids@pearlandtx.gov.

3. Copies of Bidding Documents

3.1 Complete sets of “electronic” Bidding Documents are available for download to registered Bidders at No Cost from the City’s E-bid System at:

https://pearland.ionwave.net/Login.aspx. Interested Bidders must register as a “Supplier” on this site in order to receive the Bid Documents, and all Addenda or other notifications of changes, including communications from the Owner or Engineer. All Bid Documents are available to download and print.

3.2 The Bidder accepts sole responsibility for ensuring that he obtains a full set of these documents by completing the registration and executing a full and complete download of the project documents. Downloading of Bid Documents automatically ensures receipt of any and all subsequent communications, addenda or additional information from the City or its Engineer.

3.3 Copies of Bidding Documents are available or may be viewed at any of the Plan Houses listed in the Invitation to Bidders. It is recommended that all interested Bidders, whether bidding directly to the Owner or Sub-bidders/Vendors providing pricing to a Bidder, register as a Supplier and download all of the project Bid Documents.

3.4 Complete sets of Bidding Documents must be used in preparing Bid Proposals; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents including but not limited to all Addenda issued prior to bid.

3.5 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bid Proposals on the Work, and do not confer a license or grant for any other use.

mailto:ebids@pearlandtx.gov

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4. Qualifications of Bidders

4.1 In determining to whom to award a contract, the City of Pearland may consider, in addition to the other selection criteria identified in section 16 of these Instructions to Bidders, the following Qualifications of Bidder, and each Bidder must be prepared to submit within two

(2) days of Owner's request any or all of such Qualifications requested. Failure to provide this information within the specified time frame may be cause for rejection of the Bid.

1) A brief narrative of previous experience of the Bidder with projects of a similar nature and scope; specifically including a list of 5 representative projects completed by the Bidder of a similar nature and scope to the work covered by this proposed Contract. The references for the projects provided must include the cost of the project, Owner’s name, Engineer or prime contact and telephone number;

2) A list, including owner name and project location, of on-going projects and contracts for construction of projects of the Bidder which are not yet substantially complete including total contract value and current percent complete by payment;

3) A list of proposed subcontractors and suppliers for the project being bid and the total value of work awarded to subcontractors as shown on the Subcontractors List Bid Form;

4) A list of names, address and telephone number of references for other projects completed by Bidder; and

5) A Financial Statement of Bidder, consisting of the balance sheet and annual income statement of Bidder for the Bidder's last fiscal year end preceding the submission of the Bid Proposal, which has been audited or examined by an independent certified public accountant. The Financial Statement of Bidder shall be used to determine a Bidder's net working capital, which is defined as current assets less current liabilities. A Bidder's net working capital shall be considered evidence of the Bidder's ability to provide sufficient financial management of the project being bid. The Bidder's Financial Statement shall be clearly and conspicuously marked as "confidential", and shall be deemed and treated as confidential and excepted from the Public Information disclosure requirements of Texas Government Code Section 552.001 et seq., as such information, if released, would give advantage to a competitor or bidder, and/or would cause substantial competitive harm to Bidder.

5. Examination of Contract Documents and Site

5.1 It is the responsibility of each Bidder before submitting a Bid Proposal, to (a) examine the Bidding Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local laws and regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and

(e) notify Engineer of all conflicts, errors, omissions or discrepancies in the Contract Documents,

(f) to recognize and plan for use of the City’s project management software to administer the construction process and perform the work of the project.

5.2 Any reports of explorations and tests of conditions at the site which have been utilized by the Engineer in preparation of the Contract Documents will be made available to Bidders for review, but such reports are not part of the Contract Documents. Bidder may not and should not rely upon the accuracy of the data contained in such reports, interpretations or opinions contained therein, or the completeness thereof, for the purposes of bidding or construction.

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5.3 Information and data reflected in the Contract Documents with respect to underground utilities, equipment or other underground facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such underground facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof.

5.4 Before submitting a Bid Proposal, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid Proposal prices for performing and furnishing the Work in accordance with the Contract Time, Contract Price and other terms and conditions of the Contract Documents.

5.5 On request in advance, Owner will provide each prospective Bidder access to the site to conduct such explorations and tests as each prospective Bidder deems necessary for submission of a Bid Proposal. Prospective Bidders shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations.

5.6 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands, access thereto or contractual arrangements for use by the Contractor required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents.

5.7 The submission of a Bid Proposal will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid Proposal is premised upon performing and furnishing all of the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in, required by or reasonably inferred from the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

6. Interpretations and Addenda

6.1 Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered or transmitted by electronic means to all registered Bidders in the City’s E-bid System. Questions received less than five (5) days prior to the date for opening of Bid Proposals may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

6.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. Addenda will automatically be made available to all registered Bidders that have downloaded Bid Documents from the City’s E-bid System.

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7. Bid Security

7.1 Each Bid Proposal must be accompanied by bid security made payable to Owner in an amount of five percent (5%) of the Bidder's maximum Bid Proposal price, in the form of a certified check, cashier’s check or a Bid Bond (“Bid Security”).

7.2 Bidders submitting bids through the E-bid System shall scan and upload a copy of their Bid Security (sealed Bid Bond, Certified Check or Cashier’s Check ) as an attachment to their electronic bid. Original documents for Bid Security shall be requested by the City from the lowest two bidders and delivered to the City’s Purchasing Officer within 48 business hours of the Bid Opening. Bid Security shall be delivered to: Office of City Purchasing, City Hall Annex, 3523 Liberty Drive, Pearland, Texas 77581.

7.3 The Bid Security of the Successful Bidder will be retained until such time as Bidder has executed the Standard Form of Agreement, and furnished the required Performance and Payment Bonds, whereupon the Bid Security of both bidders will be returned. If the Successful Bidder fails to execute and deliver the Standard Form of Agreement and furnish the required performance and payment bonds within ten (10) days after the Notice of Award, Owner may annul the Notice of Award and shall be entitled to make a claim against the Bid Security. The Bid Security of other Bidders will be retained until the Contract is awarded and the Standard Form of Agreement becomes effective, or all bids are rejected, whereupon Bid Security furnished by all such Bidders will be returned.

8. Contract Time

8.1 The number of days in which the Work is to be Substantially Completed, as set forth in the Bid Proposal form and the Standard Form of Agreement, subject to such extension of time as may be due under the terms and conditions of the Contract Documents (“Contract Time”).

All references to “time” or “days” shall be interpreted as consecutive calendar days.

9. Liquidated Damages and Early Completion Bonus

9.1 Provisions for liquidated damages and early completion bonus, if any, are set forth in the Standard Form of Agreement.

10. Substitute or "Or-Equal" Items

10.1 The Contract, if awarded, will be on the basis of the specified materials and equipment described in the Plans and Specifications without consideration of possible substitute or "or-equal" items unless otherwise stated. Whenever it is indicated in the Plans or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by the Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Agreement becomes effective. All "or-equal" references shall be interpreted to mean "or Owner approved equal". Any substitution made by the Bidder upon which the bid is based shall be at the Bidder’s sole risk. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in the Contract Documents.

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11. Bid Form

11.1 The Bid Proposal form (Section 00300 – Bid Proposal) is included with the Bidding Documents when downloaded. This Document must be printed and signed, as required below, and then uploaded as an Attachment to the Bid.

11.2 All E-bids must be submitted on the City’s official E-bid System Bid Proposal document.

All blanks on the Bid Proposal form must be completed or filled in. The Bidder shall bid all Alternates, if any. Incomplete Bid Proposals may be cause for rejection.

11.3 Bid Proposals by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied be evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. Once executed the document is to be uploaded as an attachment to the Bid.

11.4 Bid Proposals by partnerships must be executed in the partnership name and signed by a general partner, whose title must appear under the signature, and if a corporate general partner, executed as required above for corporations and the official address of the partnership must be shown below the signature. All names must be typed or printed below the signature. Once executed the document is to be uploaded as an attachment to the Bid.

11.5 The Bidder shall acknowledge receipt of all Addenda (the number of which must be filled in on the Bid Proposal form). Failure to do so could cause for rejection of the Bid.

11.6 The address and telephone number for communications regarding the Bid Proposal must be shown on the Bid Proposal form.

12. Submission of Bid Proposals

12.1 The place, date and/or time designated for opening Bid Proposals may be changed in accordance with applicable laws, codes and ordinances. Any such changes to the Bid Schedule shall be made by Addenda.

12.2 Electronic Bids shall be submitted per the requirements, instructions, terms and conditions as stated in the registration and submittal instructions of the City’s E-bid System electronic bidding software. All Bidders utilizing this system MUST register as a potential supplier, (Bidder). E-Bids are submitted directly via the City’s Web based system located at https://pearland.ionwave.net/Login.aspx.

12.3 Bid Proposals submitted after the bid date and time will be rejected.

13. Modification and Withdrawal of Bid Proposals

13.1 Prior to submission, E-bid Bid Proposals may be modified or withdrawn without prejudice.

13.2 Once submitted, Bid Proposals may only be modified by an appropriate document duly executed (in the manner that a Bid Proposal must be executed) and delivered to Office of City Purchasing, City Hall Annex, 3523 Liberty Drive, Pearland, Texas 77581 and submitted any time prior to the opening of Bid Proposals.

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13.3 A Bidder may not modify or withdraw its Bid Proposal by facsimile or verbal means. A withdrawn Bid Proposal may be resubmitted prior to the designated time for opening Bid Proposals. No bid may be withdrawn or terminated for a period of ninety (90) days subsequent to the bid opening date without the consent of the City of Pearland.

13.4 If, within twenty-four (24) hours after Bid Proposals are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material mistake in the preparation of its Bid Proposal, that Bidder may request to withdraw its Bid Proposal and the bid security may be returned or, at the discretion of the Owner, Owner may make a claim against the bid security. Thereafter that Bidder will be disqualified from further bidding on the Project to be provided under the Contract Documents.

13.5 Bid securities for unsuccessful Bidders will be returned to bidders once a successful Bidder has be identified and notified of the Owner’s intent to award a contract.

14. Opening of Bid Proposals

14.1 Bid Proposals will be opened and (unless obviously non-responsive) read aloud publicly.

An abstract of the amounts of the base Bid Proposals and major alternates (if any) will be made available to Bidders after the opening of Bid Proposals through E-Bid. Bid Proposals, in their entirety, shall be open for public inspection after the contract is awarded, with the exception of any trade secrets or confidential information contained therein, provided Bidder has expressly identified any specific information contained therein as being trade secrets or confidential information.

15. Bid Proposals to Remain Subject to Acceptance

15.1 All Bid Proposals will remain subject to acceptance for ninety (90) days after the day of the Bid Proposal opening, but Owner may, in its sole discretion, release any Bid Proposal and return the bid security prior to that date.

16. Award of Contract

16.1 Owner reserves the right to reject any and all Bid Proposals, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder. Owner may reject a bid as non-responsive if: 1) Bidder fails to provide required Bid Security; 2) Bidder improperly or illegibly completes or fails to complete all information required by the Bidding Documents; 3) Bidder fails to sign the Bid Proposal or improperly signs the Bid Proposal; 4) Bidder qualifies its Bid Proposal; 5) Bidder tardily or otherwise improperly submits its Bid Proposal; 6) Bidder fails to submit the Qualifications of Bidder as required under section 4 of these Instructions to Bidders; or 7) Bid Proposal is otherwise non-responsive. Contracts are awarded on the basis of the Lowest Responsible Bidder.

16.2 The Bidder agrees to submit to the Owner the Qualifications of Bidder, including the Financial Statement of bidder, if requested to do so. As required by the Instructions to Bidders and as a condition of Bid acceptability, the Contractor hereby agrees:

08-2018 00200 - 9 of 9

1. That the City, as Owner and Contract Administrator, retains the right to review and approve the Contractor’s and all Subcontractors’ qualifications to perform the Work of the Contract and to reject any Subcontractor not meeting the City’s standards, as outlined in the General Conditions, or TxDOT’s and FHWA qualifications for performing the Work.

16.3 Lowest Responsible Bidder. In determining Lowest Responsible Bidder, Owner will consider: Lowest Total Bid price for all work including Base Bid, Extra Work, Add Alternates and Cash Allowances, if any, and any other cost criteria. Additional evaluation criteria may include: the Qualifications of the Bidders, whether or not the Bid Proposals comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Proposal form or prior to the Notice of Award. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

16.4 A contract to be awarded to the Lowest Responsible Bidder may be let on either a lump sum basis or a unit cost basis dependent on the Bid Proposal format.

16.5 Acceptance of any and all bids may be conditioned on compliance with the requirement for attendance of the mandatory pre-bid meeting.

16.6 In either case, Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid Proposal and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents, to Owner's satisfaction, within the Contract Time.

16.7 Each Bidder agrees to waive any claim it has or may have against the Owner, the Professional/Engineer, and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any bid.

17. Contract Security

17.1 When the Successful Bidder delivers the executed Standard Form of Agreement to Owner, it must be accompanied by the Performance, Payment, Maintenance and Surface Correction Bonds required by the Contract Documents. Bonds may be on the forms provided herein or an equal form containing no substantive changes, as determined by Owner.

18. Signing of Agreement

18.1 When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Standard Form of Agreement, and the required Performance and Payment Bond forms. Within ten (10) days thereafter Contractor shall sign and deliver the required number of counterparts of the Standard Form of Agreement to Owner with the required Bonds. Within ten (10) days thereafter, Owner shall deliver one fully signed counterpart to Contractor. There shall be no contract or agreement between Owner and the Successful Bidder until proper execution and attestation of the Standard Form of Agreement by authorized representatives of the Owner.

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19. Pre-bid Conference

19.1 A pre-bid conference will be held as indicated in the Invitation to Bid.

20. Retainage

20.1 Provisions concerning retainage are set forth in the Contract Documents.

CITY OF PEARLAND BID PROPOSAL

Bidder’s Initial’s:

00300 - 1 of 3 08-2018

Date:

Section 00300

BID PROPOSAL

Lowest Responsible Bid

Bid of , an individual proprietorship / a corporation organized and existing under the laws of the State of Texas / a partnership consisting of , for the construction of:

ITB NO.: 88-26 (Submitted in Electronic format)

To: The Honorable Mayor and City Council of Pearland

City of Pearland 3519 Liberty Drive Pearland, Texas 77581

Pursuant to the published Invitation to Bidders, and Instructions to Bidders, the undersigned Bidder hereby proposes to perform all the work and furnish all necessary superintendence, labor, machinery, equipment, tools and materials, and whatever else may be necessary to complete all the work described in or reasonably inferable from the Contract Documents for the construction of the Asphalt Road Repair Contract, with all related appurtenances, complete, tested, and operational, in accordance with the Plans and Specifications prepared by City of Pearland, 3519 Liberty Dr., Pearland, TX 77581, 281-652-1900, for the unit prices or applicable prices set forth in IonWave, the electronic bid form as contained in the City’s E-bid system, which, once fully executed and submitted shall constitute a legal and executable proposal from the Bidder. It is understood that, in the event any changes are ordered on any part of the Work, the applicable unit prices bid shall apply as additions to or deductions from the total prices for the parts of the Work so changed.

The Bid Security required under the Instructions to Bidders is included and has been uploaded as an attachment within the E-bid system and, that a fully executed, signed and sealed hard copy has been delivered to the Office of City Purchasing, Finance Department, City Hall 3519 Liberty Drive, Pearland, Texas 77581.

The Bidder agrees to submit to the Owner the Qualifications of Bidder, including the Financial Statement of Bidder, as required by the Instructions to Bidders if requested to do so as a condition of the Bid process.

The Bidder binds himself, upon acceptance of his proposal, to execute the Standard Form of Agreement and furnish an acceptable Performance and Payment Bond and Maintenance Bond, each in the amount of one hundred percent (100%) of the total Contract Price, according to the forms included in the Contract Documents, for performing and completing the said work within

00300 - 2 of 3 08-2018 the time stated and for the prices stated in Exhibit A of this proposal along with all required insurance in the required amounts.

The undersigned Bidder agrees to commence work within 10 days of the date of a written Notice to Proceed. It is understood that the Work is to be Substantially Complete within 270 days after the date of the Notice to Proceed. Time for Substantial Completion shall begin on the date established by the Notice to Proceed. The Contractor will pay liquidated damages in the amount(s) specified in Section 00500 – Standard Form of Agreement, in the event the Work is not Substantially Complete within the Contract Time.

The undersigned agrees that the amounts bid in this Bid Proposal will not be withdrawn or modified for ninety (90) days following date of Bid Proposal opening, or such longer period as may be agreed to in writing by the City of Pearland and Bidder.

It is understood that in the event the Successful Bidder fails to enter into the Standard Form of Agreement and/or to furnish an acceptable Performance and Payment Bond and Maintenance Bond if required, each in the amount of one hundred (100) percent of the Contract Price, along with all required insurance in the stated amounts within ten (10) days of the Notice of Award, the Successful Bidder will forfeit the Bid Security as provided in the Instructions to Bidders.

Unless otherwise expressly provided herein, all references to “day(s)” shall mean calendar day(s).

The Bidder acknowledges that the following Addenda have been received. The modifications to the Bidding Documents noted therein have been considered and all costs thereto are included in the Bid Proposal prices.

Addendum No.: Date: Addendum No.: Date:

Addendum No.: Date: Addendum No.: Date:

Bidder hereby represents that the only person or parties interested in this offer as principals are those named. Bidder has not directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding.

Firm Name:

By:

Title:

Address:

Phone No:

ATTEST:

(Seal, if Bidder is a Corporation) (Typed or Printed Name)

Signature Date:

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Bid # ITB 88-26 Title Asphalt Road Repair Contract

LINE ITEMS

Line Description UOM QTY Unit Price Extended

1 General Items

1.1

Traffic Control and Regulation, including flagmen, signs, barrels, message boards, barricades, relocating and replacing existing signs, per MUTCD standards Complete in place. LS 1

1.2 Mobilization: one-time charge for contract.

Maximum 3% of bid. LS 1

2 Paving Items

2.1 Full Depth Reclamation (12" Depth) Cement Slurry Stabilization of Reclaimed Base (8% Cement Content) SY 34,000

2.3 2" HMAC Type D overlay, includes tack coat, Complete in place. TON 4,350

3 Extra Work Items

3.1 Base Repair Including Asphalt Removal Only 8”- 12” cement stabilization SY 3100

3.2 Black Base for Base Repair as Needed TON 3000

All items above are for labor, materials, equipment, incidentals, and related tasks as required to provide work complete in place, approved and accepted by Owner, and ready for occupancy/use at commencement of warranty period.

Total Base Bid Total Add Alt. Bid

Total Bid

Offeror's Authorized Signature

4-2015 00500 - 2 of 7

Section 00500

STANDARD FORM OF AGREEMENT

THIS AGREEMENT is by and between City of Pearland (hereinafter called OWNER or City) and (hereinafter called CONTRACTOR).

OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

Article 1. WORK

CONTRACTOR shall complete all work as specified or indicated in or reasonably inferable from the Contract Documents (hereinafter the “Work”). The Work is generally described as follows:

Article 2. ENGINEER

The Work has been designed by City of Pearland, 3519 Liberty Dr, Pearland, Texas 77584,

(281) 652-1900 who is hereinafter called ENGINEER and who is to assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract

Article 3. CONTRACT TIME

3.1 The Work will be Substantially Complete (as defined in Article 1 of the General Conditions) within 120 (one hundred twenty) days (including weekends and holidays) from the date when the Contract Time commences to run as provided in paragraph 5.01 of the General Conditions (as revised in the Special Conditions if applicable), and completed and ready for Final Payment within 150 (one hundred fifty) days from the date when the Contract Time commences to run. No work will be allowed on Sundays.

3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 5 of the General Conditions. OWNER and CONTRACTOR also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER one thousand dollars ($1,000.00) for each day

4-2015 00500 - 3 of 7 that expires after the time specified in paragraph.

3.3 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time set out in the Certificate of Substantial Completion or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER one thousand dollars ($1,000.00) for each day that expires after the time specified in the Certificate of Substantial Completion for completion and readiness for Final Payment.

3.3 Inspection Time. Working hours for the Pearland Inspection personnel are from 7:30 a.m. to 4:30 p.m., Monday through Friday, excluding City approved holidays. The Contractor shall notify the OWNER of any required inspection overtime work at least 48 hours in advance and shall pay the overtime wages for the required City inspections.

Article 4. CONTRACT PRICE

4.1 OWNER shall pay CONTRACTOR for completion of the Work in strict accordance with the Contract Documents in current funds] (the “Contract Price”).

The Contract Price includes the Base Bid [and Alternate(s) as accepted by OWNER and edit as required] as shown in Document 00300 – Bid Proposal.

Article 5. PAYMENT PROCEDURES

CONTRACTOR shall submit Applications for Payment in accordance with Section 6.0 “Measurement and Payment” of the General Conditions. Application for Payment will be processed by ENGINEER as provided in the General Conditions.

5.1 Progress Payments. OWNER shall make progress payments on account of the

Contract Price on the basis of CONTRACTOR’s Application for Payment as recommended by ENGINEER as provided below. All progress payments will be on the basis of the progress of the Work and actual quantity of Work completed, in accordance with Article 6 “Measurement and Payment” of the General Conditions.

5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage or actual quantity of Work complete, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with the General Conditions. The OWNER shall make payment within 30 days of receipt of application for payment by the ENGINEER.

5.1.2 Each progress payment shall be less retainage as specified in Paragraph 6.06 of the General Conditions, and further less all previous payments and all further sums that may be retained by the OWNER under the terms of this Agreement. It is understood, however, that in case the whole work be near

4-2015 00500 - 4 of 7 to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the CONTRACTOR, the OWNER may upon written recommendation of the ENGINEER pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR at the OWNER’s option, may be relieved of the obligation to fully complete the Work and, thereupon, the CONTRACTOR shall receive payment of the balance due him under the contract subject only to the conditions stated under “Final Payment.”

5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 6.09 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 6.09.

Article 6. INTEREST

Interest on any overdue payment from OWNER to CONTRACTOR shall be paid in accordance with the provisions of Chapter 2251.025 of the Texas Government Code, as amended.

Article 7. CONTRACTOR’S REPRESENTATIONS

In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations:

7.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract

Documents, Work, site, locality, and all local conditions and Laws and Regulations…