CONTRACT DOCUMENTS AND SPECIFICATIONS

FOR CONSTRUCTION OF:

MARTINDALE – STREMPEL ROADWAY IMPROVEMENTS

CITY OF SEGUIN

GUADALUPE COUNTY, TEXAS

Bid Package No. AF-2026-56

Prepared By:

BGE, Inc.

7330 San Pedro, Suite 301

San Antonio, TX 78216

TBPE FIRM REGISTRATION # F-1046

July 15, 2026

Contract Documents and Specifications for Construction of:

MARTINDALE – STREMPEL ROADWAY

IMPROVEMENTS

TABLE OF CONTENTS

SECTION TITLE

Advertisement and Invitation to Bid

CONTRACT REQUIREMENTS

00100 Request for Bids

00200 Instruction to Bidders

00220 Conflict of Interest Questionnaire (Form CIQ)

00300 Bid Form

00400 Standard Form of Agreement

00500 Bid Bond

00600 Performance Bond

00700 Payment Bond

00710 General Conditions of Bidding

00750 Supplementary Conditions Provisions

00770 Special Instructions

00800 Attachment A - Insurance

00810 Public Notice – Non Discriminatory Statement

006100 Warranties and Bonds

012900 Price and Payment Procedures

013119 Progress Schedules and Meetings

013233 Construction Photographs

015000 Temporary Facilities and Controls

017700 Closeout Procedures

TECHNICAL SPECIFICATIONS

List Of Governing TxDOT Specifications

TxDOT Special Specifications

TxDOT Special Provisions

APPENDIX A – GEOTECHNICAL REPORT

ADVERTISEMENT AND INVITATION TO BID

Sealed Bids will be received by the City of Seguin, electronically through the City’s BidNet site http://www.bidnetdirect.com/texas/cityofseguin until 3:00 P.M on August 18, 2026 at Seguin

City Hall, 205 North River, Seguin, Texas, 78155. The bids will be publicly opened and read publicly in the Council Chambers of City Hall, address 210 E. Gonzales, Seguin TX 78155 at 3:00 P.M. on that date. A non-mandatory pre-bid meeting will be held on August 4, 2026 at 10:00 AM in the

Council Chambers of Seguin City Hall.

Bids received after the time and date set for submission will be disqualified.

Bids are invited for several items and quantities of work as shown in the bid tabulation sheets.

General items are listed below:

Preparing right-of-way, demolition of asphalt pavement, construction of asphalt pavement, sidewalks, storm drain, water and wastewater lines; and all other appurtenances necessary for the complete Project.

Bid/Contract Documents, including Drawings and Technical Specifications are on file at

Development Services Center, 108 E Mountain Street, Seguin, TX 78155. Copies of the Bid/Contract

Documents may be obtained through download from the Bidnet Direct Website www.bidnetdirect.com.

A bid bond in the amount of 5 percent of the bid issued by an acceptable surety shall be submitted with each bid [for those contracts that exceed $100,000]. A certified check or bank draft payable to the City of Seguin or negotiable U.S. Government Bonds (as par value) may be submitted in lieu of the Bid Bond.

Attention is called to the fact that not less than the federally determined prevailing (Davis-Bacon and

Related Acts) wage rate, as issued by the Department of Labor and contained in the contract documents, must be paid on this project. In addition, the successful bidder must ensure that employees and applicants for employment are not discriminated against because of race, color, religion, sex, sexual orientation, gender identity, or national origin.

The City of Seguin, Texas reserves the right to reject any or all bids or to waive any informalities in the bidding. Bids may be held by City of Seguin, Texas for a period not to exceed 60 days from the date of the bid opening for the purpose of reviewing the bids and investigating the bidder’s qualifications prior to the contract award.

Ashley Bruns, City Purchasing Manager Date

City of Seguin, Texas

BID SCHEDULE:

BID ADVERTISEMENT: July 15, July 22

OPTIONAL PRE-BID MEETING: August 4

LAST DAY FOR QUESTION: August 7

FINAL ADDENDUM ISSUE: August 13

BID OPENING: August 18

CITY COUNCIL/CONTRACT APPROVAL: September 1

CONTRACTOR NTP: Mid-September

SUBSTANTIAL COMPLETION: April 2027 (210 calendar days)

Request for Bids 00100 - Page 1 Martindale - Strempel

00100

Request for Bids for

Construction Services for the

City of Seguin

Martindale – Strempel Roadway Improvements

Bid No. AF – 2026-56

July 15, 2026

Request for Bids 00100 - Page 2 Martindale - Strempel

I. BACKGROUND

Pursuant to chapter 2269 of the Texas Government Code and chapter 252 of the Texas

Local Government Code, the City of Seguin (the “City”) solicits proposals and/or bids from qualified firms interested in providing construction services in connection with the construction of the Martindale-Strempel Roadway Improvements (the “Project”). The City will award the contract for the Project based on “best value” bidding as that term and its selection criteria are defined in section 252.043 of the local government code.

The Project has been designed by the City of Seguin. The Project is anticipated to include some or all of the following items within its scope: preparing right-of-way, demolition of asphalt pavement, construction of asphalt pavement, sidewalks, storm drain, water and wastewater lines; and all other appurtenances necessary for the complete Project.

Responses are solicited for this service in accordance with the terms, conditions, and instructions set forth in the RFP guidelines.

The City of Seguin will receive responses to this RFB at the offices of City of Seguin’s

Purchasing Department until 3:00 p.m. on August 18, 2026. Receipt of response does not bind

City of Seguin to any contract for said services, nor does it give any guarantee that a contract for the Project will be awarded.

II. CONSTRUCTION SERVICES

A. PURPOSES OF RFP

The City of Seguin invites the submittal of responses to this “Request for Bids”

(RFB) from qualified firm(s) interested in providing construction services in accordance with

Chapter 2269 of the Texas Government Code and Chapter 252 of the Local Government Code in connection with the construction of Martindale-Strempel Roadway Improvements that will incorporate preparing right-of-way, demolition of asphalt pavement, construction of asphalt pavement, sidewalks, storm drain, water and wastewater lines.

B. LOCATION

The facility will be located throughout the City of Seguin.

C. PROJECT DURATION

The City of Seguin has established a target commencement date for construction activities in the Fall of 2026. The project duration is 210 calendar days. The City of Seguin reserves the right to phase the construction of the Project or modify the schedule as needed and determined by the City due to modifications in scope.

Request for Bids 00100 - Page 3 Martindale - Strempel

III. OBJECTIVES

Owner proposes to retain a highly qualified, capable firm to act as its general contractor for the construction of the Project using the Competitive Bidding delivery method authorized by

Chapter 2269 of the Texas Government Code. Firms who participate in this RFP process are sometimes referred to as “Bidders”, “Respondents” and “Offerors”. Owner will award the contract to the lowest responsible bidder after a determination of which bidder offers the best value to the City, giving consideration to the criteria listed in this RFP. Pursuant to its statutory authority, Owner reserves the right to negotiate with a selected Respondent but shall not be obligated to enter into any contract with any Respondent on any terms or conditions.

IV. SCOPE OF WORK

Owner anticipates the scope of work to consist of the following responsibilities:

The selected Respondent will be the general contractor for the Project, which is the construction of Martindale-Strempel Roadway Improvements. The City anticipates the following items will be included in the scope of the Project: preparing right-of-way, demolition of asphalt pavement, construction of asphalt pavement, sidewalks, storm drain, water and wastewater lines; and all other appurtenances necessary for the complete Project. The Project will be designed and constructed so as to meet all applicable federal, state, and local accessibility standards.

The selected Offeror will be also responsible for: obtaining all applicable permits and inspections; providing all necessary performance and payment bonds and insurance certificates;

and providing the Owner with all manufacturers’ warranties and all operations and maintenance

(O & M) manuals for all equipment installed.

The selected Offeror may be required to perform some or all of the following pre-construction and construction services. Preconstruction Services may include, but not necessarily be limited to, planning and value engineering the Work. Construction Services may include, but not necessarily be limited to, all work associated with construction, occupancy and warranty of the facilities.

The following represents a summary of the proposed improvements and estimated budget:

• Construct asphalt pavement, curb and gutter, sidewalks, and storm drain

• Construct water and wastewater line extensions

• Miscellaneous appurtenances necessary for the complete Project.

Estimated construction budget is approximately $6,000,000. This includes all incidental and contingent expenses associated with the construction of the Project.

V. SELECTION PROCESS

Respondents should prepare a bid package responsive to all information requested in this

RFB.

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Owner will use a selection committee to evaluate the proposals. The statement of qualifications received will be part of the selection process utilized by Owner. Owner will receive, publicly open, and read aloud the names of the offerors and their bids.

From a review of the statements of qualifications received, Owner’s evaluation team will award the contract to the lowest responsible bidder, considering the criteria listed below.

VI. EVALUATION CRITERIA

The criteria used to evaluate the RFP responses will include the following (items listed below are not listed in order of importance):

A. Price;

B. Offeror’s experience and reputation;

C. Quality of the offeror’s goods or services;

D. Offeror’s safety record;

E. Offeror’s proposed personnel; and

F. Whether the Offeror’s financial capability is appropriate to the size and scope of the project.

VII. ADDITIONAL INSTRUCTIONS, NOTIFICATIONS, AND INFORMATION

A. All information True – Respondent represents and warrants to Owner that all information provided in the response shall be true, correct and complete. Respondents who provide false, misleading, or incomplete information, whether intentional or not, in any of the documents presented to Owner for consideration in the selection process shall be excluded.

B. Inquiries – Do not contact Owner during the selection process to make inquiries about the progress of this selection process. Such contact may result in disqualification.

Respondents will be contacted when it is appropriate to do so.

C. Cost of Responses – Owner will not be responsible for the costs incurred by anyone in the submittal of responses.

D. Contract Negotiations – This RFP is not to be construed as a contract or as a commitment of any kind. If this RFP results in a contract offer by Owner, the specific scope of work, associated fees, and other contractual matters will be determined during contract negotiations.

E. No Obligation – Owner reserves the sole right to (1) evaluate the responses submitted; (2) waive any irregularities therein; (3) select candidates for the submittal of more

Request for Bids 00100 - Page 5 Martindale - Strempel detailed or alternate proposals (4) accept any submittal or portion of submittal; (5) reject any or all Respondents submitting responses, should it be deemed in Owner’s best interest, or (6) cancel the entire process.

F. Bid Bond – Each Bid must be accompanied by a certified or cashier’s check, or an approved Bidder’s bond in an amount not less than 5% of the maximum total bid, payable to the City of Seguin, Texas without recourse, as a guarantee that the Bidder will enter into a contract and execute performance and payment bonds on the forms provided, within ten (10) days after the award of contract.

VIII. PLANS AND SPECIFICATIONS

Plans and specifications may be examined without charge at the Development Services

Center, 108 E. Mountain Street, Seguin, TX 78155. Bid Documents and Construction Drawings for the project may be viewed and downloaded free of charge (with the option to purchase hard copies) at www.bidnetdirect.com. Bidders must register on this website in order to view and/or download specifications, plans and other related documents for this project.

Please submit questions for this project 7 days prior to bid opening through www.bidnetdirect.com in the Q&A portal. All addenda issued for this project will be posted on www.bidnetdirect.com. It is the responsibility of the Contractor bidding to proper scaling, paper width and length, etc. Failure to do so may result in error in the Unit Bid Quantities and/or Bid

Amounts.

A non-mandatory pre-bid conference will be held August 4, 2026 at 10:00 a.m. or 2:00 p.m. [CONFIRM TIME] in the City Council Chambers located in the Seguin City Hall, 205

North River Street, Seguin, Texas 78155.

IX. SUBMITTAL INSTRUCTIONS

Sealed bids will be received by the City of Seguin, electronically through the City’s

BidNET site until 3:00p.m. local time August 18th, 2026. All bids will be opened and read publicly in the Council Chambers of City Hall, 210 E. Gonzales, Seguin TX 78155 at 3:00p.m.

on that date.

Steve Parker

City Manger

City of Seguin, Texas

END OF DOCUMENT

http://www.bidnetdirect.com/ http://www.bidnetdirect.com/

Instructions to Bidders 00200 - 1 Martindale - Strempel

INSTRUCTIONS TO BIDDERS

I.1. SCOPE OF PROJECT

The City of Seguin (OWNER) invites proposals for the construction of Martindale- Strempel Roadway Improvements. Principal items of construction will include: preparing right-of-way, demolition of asphalt pavement, construction of asphalt pavement, curb and gutter, sidewalks, storm drain, water and wastewater lines; and all other appurtenances necessary for the complete Project. Project locations will be determined by the City of Seguin.

I.2. PROPOSALS AND METHOD OF BIDDING

In conjunction with these Instructions to Bidders, OWNER has issued a Request for Proposals (RFP) for this Project. OWNER has identified its decision to utilize competitive sealed proposals for this procurement in the RFP.

In addition to the submittal from Offerors in response to the criteria upon which rankings and selection will be based, Offerors are to submit pricing information in accordance with the following instruction:

1. Where the proposal consists of various major items of work, Offerors should provide prices for each item in the proposal. Should Offerors have costs for any incidental work, the costs of such work will be reflected in the unit costs of the bid items in the proposal.

I.3. WITHDRAWAL OF BIDS

Offerors may withdraw their bid at any time until the specified closing time for acceptance of bids. After the specified time, no bid may be withdrawn for a period of ninety (90) days or until a contract is awarded, whichever occurs first.

I.4. ACCESS TO AND INSPECTION OF PROJECT SITE

Offerors may arrange for access to the Site by contacting ENGINEER at any time between publication of the RFP and the deadline for receipt of proposals. Such access will be granted to allow Offerors to make a complete inspection and careful examination of the project site and familiarize themselves with the soil and water conditions to be encountered, construction to be projected, disposal sites for surplus materials not designated to be salvaged materials, method of providing ingress and egress to private properties, and methods of handling traffic during construction of the entire project.

By submitting a proposal, Offeror acknowledges it has inspected the site, has read and become thoroughly familiar with the plans and contract documents (including all addenda).

Construction documents are provided for the Martindale-Strempel Roadway

Improvements.

Instructions to Bidders 00200 - 2 Martindale - Strempel

I.5. BID SECURITY

Each bid must be accompanied by cash, certified check of the Offeror or a bid bond, duly executed by the Offeror as principal and having as surety thereto a surety company approved by the OWNER, in the amount of 5% of the bid. Such cash, checks or bid bonds will be returned to all except the three highest ranked Offerors within ten days after the opening of bids, and the remaining cash, checks or bid bonds will be returned promptly after the OWNER and the accepted Offeror have executed the Contract, or, if no award has been made within ninety (90) days after the date of the opening of bids, upon demand of the Offeror at any time thereafter, so long as he has not been notified of the acceptance of his bid.

Any cash, check or bid bond is a guarantee that the Offeror will enter into a Contract and execute performance and payment bonds on the forms provided, within ten (10) days after the award of Contract to him/her. Failure to execute these documents within the required time shall be justification for the OWNER to consider this a forfeiture of the security by the Offeror to the

OWNER.

I.6. QUALIFICATIONS OF OFFEROR

The OWNER may investigate the Offerors and the information provided in the proposal as deemed necessary to determine the ability of the Offeror to perform the Work. The OWNER reserves the right to conduct interviews with the Offerors. Should the OWNER choose to conduct interviews, all qualified Offerors will receive written notice of that decision as well as a time and location for the interviews to occur. Information provided to the OWNER during the interview process will be used to assist in the final rankings.

The OWNER reserves the right to reject any bid if the evidence submitted by, or investigation of, such Offeror fails to satisfy the OWNER that such Offeror is properly qualified to carry out the obligations of the Contract and to complete the work therein.

No bid will be accepted from an Offeror who is engaged on any work which would impair his ability to perform or finance his Work.

I.7. LAWS AND REGULATIONS

The Offeror's attention is directed to the fact that all applicable State laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout, and they will be deemed to be included in the Contract the same as though written out in full.

I.8. GEOTECHNICAL DATA

The locations of the test holes, if applicable, are shown in the Geotechnical Report included as Attachment A. Logs of these test holes are included in the Geotechnical Report. Test holes information represents subsurface characteristics to the extent indicated and only for the point location of the test hole. Each Offeror shall make his/her own interpretation of the character and condition of the materials which will be encountered. Each prospective Offeror may, at his/her own expense, make additional surveys and investigations as he may deem necessary to determine conditions which will affect performance of the Work.

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I.9. ADDENDA AND INTERPRETATIONS

No interpretation of the meaning of the plans, specifications or other prebid documents will be made to any Offeror orally. Every request for such interpretation should be in writing addressed to the Purchasing Department, and to be given consideration must be received at least seven (7) days prior to the date fixed for the opening of proposals.

Any and all such interpretations and supplemental instructions will be in the form of written addenda to the specifications which, if issued, all prospective Offerors will be notified, not later than twenty four hours (24) prior to the date fixed for the opening of bids. Failure of any Offeror to receive any such addendum or interpretation shall not relieve such Offeror from any obligation under his/her bid as submitted. All addenda so issued shall become part of the contract documents.

I.10. EXAMINATION OF SITE OF THE PROJECT

Offerors shall make a careful examination of the site of the project, soil and water conditions to be encountered, improvements to be protected, disposal sites for surplus material not designated to be salvage materials, and as to methods of providing ingress and egress to private properties.

I.11. REPLACEMENT OF MISCELLANEOUS IMPROVEMENTS

The CONTRACTOR shall repair or replace all existing utilities, water and sewer mains, fences, concrete walls, sidewalks, concrete curbs and concrete pavement, signs, culverts, asphalt pavement, building walls and attachments and other miscellaneous improvements damaged by the CONTRACTOR due to his operations on this project, to a condition equal to or better than their condition before construction, at no additional expense to the OWNER. No direct payment will be made for this item.

I.12. CLEAN-UP

The CONTRACTOR shall at all times keep the jobsite as free from all material, debris, and rubbish as is practicable and shall remove same from any portion of the job site when it becomes objectionable in the opinion of the OWNER and ENGINEER.

After construction work is completed and before final acceptance of improvements by OWNER, CONTRACTOR shall remove all debris from site of project, including all existing debris to an approved place of disposal. Temporary structures, forms, equipment, objectionable rocks, concrete and other debris shall be removed in such manner as to leave the site of work in a neat and presentable condition throughout, and restore in an acceptable manner all property damaged in the progress of this work.

No direct payment will be made for clean-up.

Materials cleared from project shall not be deposited on adjacent public or private property without written permission of the property owner thereof filed with ENGINEER. Any materials so deposited shall be leveled and left in a condition satisfactory to the OWNER.

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I.13. EXCAVATION

Excavation in this Contract shall be unclassified and shall not be included as a separate charge by unit item or scheduled value as all excavation is associated with other work. There is no separate pay item under this Contract for excavation and its cost shall be included in such pay items as are provided in the Contract and proposal.

I.14. EXISTING UTILITIES

Existing surface and subsurface structures (gas mains, water mains, sewer mains, storm sewers, telephone cables, sprinkler systems, etc.) are shown on the plans if their location has been determined, but it shall be the responsibility of the CONTRACTOR to avoid damaging these existing structures regardless of whether they are shown on the plans. The OWNER assumes no responsibility for failure to show any or all of these structures on the plans or to show them in their exact location. It is mutually agreed that such failure to show these structures will not be considered sufficient basis for claims for additional compensation for extra work or for increasing the pay quantities in any manner whatsoever. The CONTRACTOR expressly assumes responsibility for locating, protecting, and constructing the Project without damage to existing underground utilities and structures. If any structure is damaged by the CONTRACTOR, it shall be his responsibility to repair the damage at his own expense and restore the structure to its intended and fully functional use.

CONTRACTOR shall locate and determine (verify if depth is shown on plans) elevation of all existing underground utilities a minimum of 500 feet ahead of trenching. If a utility is found to be in conflict with proposed grades, the ENGINEER shall be contacted and grades adjusted to avoid conflict. CONTRACTOR expressly waives any claims for additional compensation related to measures taken or accommodations and changes made to the Work as a result of such conflict avoidance.

The OWNER will provide liaison with property owners and the limited information it has concerning locations, sizes, materials, etc. of existing utilities or structures, but any delays or investigations required of the CONTRACTOR shall be deemed incidental to the project.

The CONTRACTOR shall call “One Call” and/or any other locating service or hotline to have all underground utilities marked before beginning any excavation or other activity that may conflict with buried structures.

I.15. NOTICES TO OWNERS AND AUTHORITIES WHEN EXCAVATING

Utilities and other concerned agencies shall be notified at least 48 hours prior to excavating near underground utilities or pole lines or in accordance with the utilities, “One Call”, and concerned agencies’ regulations. It shall be the CONTRACTOR’s responsibility to confirm if OWNER’s utilities are on the “One Call” system.

I.16. PRECONSTRUCTION CONFERENCE

After award and execution of a contract between the OWNER and CONTRACTOR, a formal preconstruction conference will be held in prior to commencement of the work. This

Instructions to Bidders 00200 - 5 Martindale - Strempel conference will include review of technical specifications in order to insure clarity as to the type of construction machinery to be used, construction methods to be used, and materials to be used, obligations of both the CONTRACTOR and the Owner’s representative, personnel, safety, issues/requirements, permitting requirements, payment requests, construction scheduling, surveying, progress meetings, control of the project, guaranty/warranty, and the method of inspection and decision-making to be used during this project.

I.17. CONSTRUCTION WORKING HOURS

The CONTRACTOR shall submit to the OWNER and ENGINEER prior to the preconstruction conference a construction schedule which shall meet the OWNER and ENGINEER's approval before construction can begin.

Generally, the CONTRACTOR shall perform all construction activities between 8:00 a.m. to 5:00 p.m., Monday through Friday only. However, the CONTRACTOR may be allowed to work on Saturdays, Sundays, or Legal Holidays upon the OWNER or ENGINEER’s written approval. CONTRACTOR shall be responsible for paying all costs, fees, etc. related to Owner’s representative during hours on Saturdays, Sundays, or Legal Holidays and outside 8:00 am to 5:00 p.m. Requests must be received from the CONTRACTOR a minimum of 48 hours in advance of work outside that as stated above.

The CONTRACTOR shall keep the OWNER and the ENGINEER informed as to his construction progress. Because of traffic congestion, the CONTRACTOR may be required to schedule construction in some areas between the hours of 6:00 p.m. and 7:00 a.m. if the OWNER or ENGINEER determines it to be necessary. CONTRACTOR will be required to perform work in a fashion that will cause the least amount of inconvenience to the general public.

The CONTRACTOR may be required to finally complete portions of the project prior to proceeding with other portions. All work scheduling shall be coordinated with OWNER and approved by OWNER before work can proceed. The CONTRACTOR will be required to have someone on call 24 hours per day during the course of the project.

The following requirements shall apply to all construction areas:

1. Driveways shall be accessible by vehicles at the end of each day (5:00 p.m.).

I.18. COOPERATION AND COORDINATION WITH PUBLIC

The CONTRACTOR shall conduct his work so as to cause the least amount of disruption to the public. Closing of any streets or lanes of traffic will be coordinated with OWNER and TxDOT, if applicable. All citizens along each street will be notified by the CONTRACTOR in advance of construction activities. CONTRACTOR shall submit to the OWNER an acceptable notification media such as door hangers, pamphlets, etc.

I.19. SALVAGE RIGHTS

Old valves, appurtenances of any kind, street paving materials, etc., excavated, removed, or produced during the project by the CONTRACTOR shall be delivered to the OWNER's yard, if desired by the OWNER. If the OWNER desires not to keep these materials, they shall be

Instructions to Bidders 00200 - 6 Martindale - Strempel disposed of properly and according to current laws. CONTRACTOR shall not be entitled to additional compensation for such delivery or disposal.

I.20. DISPOSAL OF EXCAVATED MATERIALS

All excavated materials not used in backfilling will be disposed of by the CONTRACTOR at a site obtained by the CONTRACTOR and approved by the OWNER.

Disposal of excavated materials shall be in accordance with all rules and regulations of the Texas Commission on Environmental Quality (TCEQ). Any pieces of material such as broken concrete, asphalt, or pipe measuring twelve (12”) inches or larger in any dimension, shall be disposed of by the CONTRACTOR at an approved landfill or as directed by the OWNER. Spoil areas shall be leveled with a motor grader for future mowing. The CONTRACTOR shall include in his bid the cost to dispose of the materials.

All trees, stumps, slashings, brush, or other debris removed from the site prior to construction shall be removed from the property and disposed of in a manner approved by the ENGINEER and OWNER.

I.21. SANITARY FACILITIES

The CONTRACTOR shall provide sufficient chemical toilet facilities for the use of his forces. Adequacy of these facilities will be subject to the approval of the ENGINEER and maintenance of same must be satisfactory to the Engineer at all times. CONTRACTOR shall provide a maintenance schedule to the OWNER for approval.

I.22. STAKING FOR CONSTRUCTION

The CONTRACTOR will provide all construction staking services for the project. The cost of these services will be reflected in the unit price amount bid in the proposal.

I.23. EXCAVATION, TRENCHING, AND SHORING

All excavation, trenching, and shoring shall conform to the U.S. Department of Labor, Occupational Safety, and Health Administration Guidelines (Subpart P - Excavation, Trenching, and Shoring). The CONTRACTOR will be required to submit an excavation, trenching, and shoring plan to the ENGINEER for approval prior to construction.

I.24. BUY AMERICAN

CONTRACTOR agrees to comply with any applicable “Buy American” statutes or regulations in effect at the time for performance of the Project.

I.25. PREVAILING WAGE SCALE

The applicable wage scale determination is contained with these Instructions to Bidders or the specifications for the Project.

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I.26. BACKFILL AND PAVEMENT REPAIR

Separate payment WILL NOT be made for repair of gravel surfaces crossed or damaged by the CONTRACTOR’s work. However, separate payment WILL be made for asphaltic (or concrete) pavement repair as bid in the proposal and shown on the plans.

I.27. VIDEO OF CONSTRUCTION AREA

The CONTRACTOR shall provide the OWNER with a video (DVD) showing the construction area in detail prior to construction, to include audio to describe locations.

I.28. TESTING

All concrete work shall be tested by cylinder breaks at an approved testing laboratory. Three (3) standard test cylinders shall be taken during each continuous pour. Costs for these cylinder breaks will be borne by the CONTRACTOR.

Density tests will be taken of the CONTRACTOR’s finished subgrade, each base course lift, and asphalt at 200’ intervals along the length of streets. Costs for the subgrade and base course densities will be per the bid item in the proposal. The cost for the asphalt densities will be borne directly by the CONTRACTOR. Densities by a nuclear density gauge will be accepted for asphalt testing. The cost of retesting cause by failure of initial test will be paid by the CONTRACTOR. Any other materials, testing and batch designs required by these specifications will be paid by the CONTRACTOR.

All testing of materials required under these specifications shall be performed by an approved agency for testing materials. The nomination of the laboratory and the payment for such services shall be made by the CONTRACTOR. The ENGINEER shall approve the laboratory nominated to do the testing of material.

1. Equipment:

a. As conditions permit, the CONTRACTOR shall furnish all materials, labor, and equipment required for preliminary field-testing of any equipment to be furnished.

b. Upon completion of the work and prior to final acceptance and payment, all equipment to be furnished shall be tested as specified or required to insure compliance with the Plans and Specifications.

c. Should the equipment tested either for preliminary or final tests not comply with the requirements as set forth on the plans or in the specifications, the CONTRACTOR shall make the necessary changes and adjustments, or replacements as may be required.

d. All costs for testing of equipment shall be borne by the CONTRACTOR.

2. Concrete:

a. Testing and control of concrete to be used in the work shall be done by a commercial laboratory employed and paid for by the CONTRACTOR.

Instructions to Bidders 00200 - 8 Martindale - Strempel

b. The CONTRACTOR shall furnish the concrete and concrete materials for such testing at his expense, as provided hereinafter in these specifications.

3. HMAC:

a. Testing and design of hot mix asphaltic concrete (HMAC) shall be performed by an independent laboratory employed and paid for by the

CONTRACTOR.

b. The CONTRACTOR shall furnish all labor and materials necessary for such testing at his expense, as provided in these specifications.

c. As a minimum, the CONTRACTOR shall perform one (1) sample (three

(3) test specimens) for determination of Proctor density and stability and one (1) sample for determination of proportioning of materials. These samples shall be daily during HMAC construction activities.

4. Density:

a. Testing of subgrade, fill, and/or backfill layers shall be performed by an independent geotechnical testing agency employed and paid for by the CONTRACTOR per the bid item in the proposal.

b. The CONTRACTOR shall furnish all labor and materials necessary for such testing at his expense, as provided in these specifications.

c. CONTRACTOR shall proceed with subsequent work only after test results for previously completed work comply with requirements.

d. All failed tests shall be retested by the CONTRACTOR at the CONTRACTOR’s expense.

I.29. QUALITY CONTROL

General:

1. CONTRACTOR shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents. The CONTRACTOR is solely responsible for maintaining that the quality of work is in accordance with the Contract Documents. The CONTRACTOR shall be responsible for the notification and scheduling required to ensure that a certified technician from the testing laboratory is present during all sampling and testing procedures required in the Contract Documents. The CONTRACTOR shall not proceed with construction work requiring such testing without the presence of the laboratory’s certified technician. The OWNER, at his option, may perform additional tests as quality monitoring. Quality monitoring activities of the OWNER and ENGINEER, or failure on the part of the OWNER or ENGINEER to perform tests on constructed works, in no way relieves the CONTRACTOR of the obligation to perform work and furnish materials conforming to the Contract Documents.

CONTRACTOR’s Responsibilities:

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1. Control the quality of work produced and verify that the work performed meets the standards of quality established in the Contract Documents.

a. Inspect and verify conformance of all materials furnished and work performed, whether by the CONTRACTOR, its subcontractors or its suppliers.

b. Provide and pay for the services of a testing laboratory approved by Engineer to insure that products proposed for use fully comply with the Contract Documents.

c. Perform tests as indicated in this and other sections of the specifications.

Schedule the time and sequence of testing with the OWNER and ENGINEER. Testing is to be observed by the ENGINEER or OWNER.

d. Promptly replace any defective materials and/or construction work incorporating defective materials or workmanship.

e. Provide Certified Test Reports as required. Reports are to indicate that materials and construction are in compliance with the Contract Documents.

2. Assist the OWNER, and OWNER’s testing organization to perform quality monitoring activities.

Quality Monitoring Activities by Engineer:

1. Quality Monitoring activities of the OWNER through their own forces or through contracts with materials testing laboratories and survey crews are for the OWNER’s use in monitoring the results of the CONTRACTOR’s work and quality control activities, if deemed necessary by the OWNER.

2. The Quality Monitoring activities of the Owner DO NOT relieve the CONTRACTOR of its responsibility to provide testing in accordance with the requirements of the Contract Documents or to provide materials and construction work complying with the Contract Documents.

Submittals:

1. Submittals shall be in accordance with SPECIAL INSTRUCTIONS and shall include:

a. The name of the proposed primary and secondary testing laboratories along with documentation of qualifications, a list of tests that can be performed, and a list of the certified laboratory technicians and the licensed engineers who will be performing the sampling and testing for the Construction Work along with their certifications and licenses.

b. Test reports per Test Reports Paragraph of this supplementary condition.

Standards:

1. Provide a testing laboratory that complies with the ASTM (American Society of Testing Materials) and/or ACIL (American Council of Independent Laboratories)

Instructions to Bidders 00200 - 10 Martindale - Strempel

“Recommended Requirements for Independent Laboratory Qualifications”, or other specified testing organizations.

2. Perform tests listed in the specifications.

Delivery and Storage:

1. Handle and protect test specimens of products and construction materials at the construction site in accordance with ASTM or other applicable testing procedures.

Verification Testing:

1. Provide verification testing when tests performed by the OWNER indicate that materials or the results of construction activities are not in conformance with Contract Documents.

2. Verification testing is to be provided at the CONTRACTOR’s expense to verify products or constructed works are in compliance after corrections have been made.

3. Tests must comply with recognized methods or with methods recommended by the ENGINEER’s testing laboratory and approved by the ENGINEER and

OWNER.

Test Reports:

1. Test reports are to be prepared for all tests.

a. Tests performed by testing laboratories may be submitted on their standard test report forms. These reports must include the following:

i. Name of the OWNER, project title and number, equipment installer and general contractor.

ii. Name of the laboratory, address, and telephone number.

iii. Name and signature of the certified laboratory personnel performing the sampling and testing.

iv. Date and time of sampling, inspection, and testing.

v. Date the report was issued.

vi. Description of the test performed.

vii. Weather conditions and temperature at time of test or sampling.

viii. Location at the site or structure where the test was taken.

ix. Standard or test procedure used in making the test.

x. A description of the results of the test.

xi. Statement of compliance or non-compliance with Contract

Documents.

xii. Interpretations of test results, if appropriate.

2. Distribute copies of the test reports to:

No. of Copies

Instructions to Bidders 00200 - 11 Martindale - Strempel

OWNER 1

ENGINEER 1

CONTRACTOR 1

Non-Conforming Work:

1. CONTRACTOR shall promptly correct any work that is not in compliance with the Contract Documents and shall immediately notify the ENGINEER and OWNER when the corrective work will be performed.

2. Payment for non-conforming work shall be withheld until such work is corrected or replaced with work complying with the Contract Documents.

I.30. EXCAVATION

Excavation as such in this contract is not a separate pay item. No classification of excavation material will be made.

I.31. PUMPING, BAILING AND DRAINING

The CONTRACTOR shall immediately remove all surface or seepage water from sewers, drains, ditches, and other sources which may accumulate during the excavation and construction work by providing the necessary underdrains or otherwise and by doing the necessary pumping, bailing or draining. The CONTRACTOR shall have available at all times sufficient equipment in proper working order for doing the work herein required. All water removed from excavations shall be disposed of in an approved manner so as to not create unsanitary conditions nor to interfere unduly with the use of streets, private driveways, or entrances. Pumping, bailing, draining, underdrains, ditches, etc., shall be considered as incidental work and will not be paid for as separate items, but their cost shall be included in the contract prices bid in the Proposal for the various units of excavation measure.

I.32. BARRICADES AND DANGER SIGNALS

Where the work is carried on, in or adjacent to any street, alley, or public place, the CONTRACTOR shall, at his own cost and expense, furnish and erect barricades and/or fences, lights and/or danger signals, and take any other steps necessary, for the protection of persons or property. Barricades shall be painted with a reflectorized paint or scotchlite tape. From sunset to sunrise, the CONTRACTOR shall furnish and maintain lights at each barricade. Barricades shall be erected to endeavor to keep vehicles from being driven on or into any work under construction.

The CONTRACTOR will be held responsible for all damage to the work due to the failure of barricades, signs, lights, and watchmen to protect it, and whenever evidence is found of such damage, the ENGINEER may order the damaged portion immediately removed and replaced by the CONTRACTOR at his cost and expense. The CONTRACTOR’s responsibility for the maintenance of barricades, signs, and lights and for providing watchmen shall not cease until the project has been accepted by the ENGINEER.

Instructions to Bidders 00200 - 12 Martindale - Strempel

The CONTRACTOR shall meet all applicable local, state, and federal regulations for barricades and danger signals.

I.33. SAFETY

CONTRACTOR shall place the highest priority on health and safety, and shall maintain a safe working environment during performance of the Work. The site shall be considered to be drug and alcohol free and such policy will be strictly enforced. All employees shall adhere to these policies while on site. CONTRACTOR shall comply, and shall secure compliance by its employees, agents, and lower-tier CONTRACTOR’s, with all applicable health, safety, and security laws and regulations including, without limitation, federal, state and local laws and regulations, any health and safety plans issued by the ENGINEER as well as all policies and regulations of the OWNER. Compliance with such requirements shall represent the minimum standard required of CONTRACTOR. CONTRACTOR will be performing Work on the OWNER’s property.

CONTRACTOR agrees to furnish protective devices and clothing as required by applicable laws, regulations, health and safety plans and OWNER rules and regulations, and to ensure that such devices or clothing are properly used by its employees, agents, lower-tier Contractors and other invitees of CONTRACTOR at the jobsite. Safety protection is required at all times while working onsite including a hardhat and a high visibility, tear-off reflective vest.

I.34. PROJECT MAINTENANCE

The CONTRACTOR shall maintain and keep in good repair the improvements covered by these plans and specifications during the life of his contract. Existing improvements shall at all times be protected by the CONTRACTOR during the construction of the work as specified herein. All such improvements shall be left in a condition equal to that prior to start of construction.

I.35. PROPERTY LINES AND MONUMENTS

The CONTRACTOR shall protect all property corner markers, and when any such markers or monuments are in danger of being disturbed, they shall be properly referenced and if disturbed, shall be reset at the expense of the CONTRACTOR.

I.36. OFF-SITE STORAGE

Off-site storage for any materials and equipment not incorporated into the Work but included in the Applications for Payment shall not be allowed.

I.37. CONNECTIONS TO EXISTING FACILITIES

Unless otherwise specified or indicated, the CONTRACTOR shall make all necessary connections to existing facilities, including structures, drain lines, and utilities such as water, sewer, gas, telephone and electric. The CONTRACTOR shall give the OWNER or owning utility written notice seven (7) days in advance of making all connections. In each case, the CONTRACTOR shall receive written permission from the OWNER or the owning utility prior

Instructions to Bidders 00200 - 13 Martindale - Strempel to undertaking connections. The CONTRACTOR shall protect facilities against deleterious substances and damage.

Connections to existing facilities which are in service shall be thoroughly planned in advance, and all required equipment, materials, and labor shall be on hand at the time of undertaking the connections. Work shall proceed continuously (around the clock) if necessary to complete connections in the minimum time. Operation of valves or other appurtenances on existing utilities, when required, shall be by or under the direct supervision of the owning utility.

I.38. CONNECTIONS TO EXISTING PIPELINES

All connections to existing piping shall be made using joints and/or fittings suitable for the conditions encountered. The CONTRACTOR shall field-verify the location, pipe material, and connection requirements of all existing pipe before ordering any new piping to be installed under this contract.

I.39. UNFAVORABLE CONSTRUCTION CONDITIONS

During unfavorable weather, wet ground, or other unsuitable conditions, the CONTRACTOR shall confine its operations to work which will not be adversely affected by such conditions. No portion of the Work shall be constructed under conditions which would adversely affect the quality or efficiency thereof, unless special means or precautions are taken by the CONTRACTOR to perform the Work in a proper and satisfactory manner.

CONTRACTOR shall ensure all roadways are able to be traversed by vehicular traffic during such times.

I.40. DEWATERING

The CONTRACTOR shall at his own expense remove any water that may be encountered during the course of the work, by pumping, well pointing, or other approved methods. The water shall be stored in a storage tank provided by the CONTRACTOR and disposed of in accordance with all applicable State rules and regulations. Newly placed concrete or grout shall be adequately protected from possible damage resulting from groundwater or from handling and disposal of water.

All surface drainage or natural waterways shall be controlled by dikes or ditches without damage to adjacent property or structures and without interference with the right of either public or private owners.

I.41. EXISTING STRUCTURES/EQUIPMENT

Exact dimensions of existing structures, buildings, equipment roads, utility locations, etc.

shown on the plans have not been field verified by the ENGINEER. Prior to submittal preparation by the CONTRACTOR, or construction activities as applicable, all dimensions of these existing items shall be verified by the CONTRACTOR in the field. It shall be the CONTRACTOR’s responsibility to field verify all field dimensions.

Instructions to Bidders 00200 - 14 Martindale - Strempel

I.42. PERMITS, CERTIFICATES, LAWS AND ORDINANCES

The CONTRACTOR shall, at his own expense, procure any and all permits, certificates and licenses required of him by law for the execution of his work. The OWNER will furnish permits from the Texas Department of Highways and Public Transportation and railroad companies for crossing their properties with utility extensions if such are required.

I.43. MANUFACTURER'S CERTIFICATES

All manufacturers’ certificates required herein are to be furnished by the CONTRACTOR at his own expense.

I.44. DETAIL PLANS

Detail plans for construction are furnished herewith and made a part of these specifications, the same as if they were written herein.

I.45. TREE DAMAGES

For each tree that any work shall damage or destroy, the amount per tree shall be $500.00. This will be deducted from the monies due the CONTRACTOR, not as a penalty but as liquidated damages. In addition the CONTRACTOR shall replace the tree with a caliper-inch to caliper-inch replacement.

This sum of money thus deducted for such failure to protect the trees is not to be considered as a penalty, but it shall be deemed, taken and treated as reasonable liquidated damages, since it would be impractical and extremely difficult to fix the actual damages and the OWNER may withhold from the CONTRACTOR's compensation such sum as liquidated damages.

I.46. MATERIALS

The CONTRACTOR shall furnish all materials for a complete job as shown on the plans and as required by the specifications.

I.47. COPIES OF PLANS AND SPECIFICATIONS

Electronic copies of the Plans and the Specifications shall be furnished to the CONTRACTOR, without charge, for construction purposes. Additional copies may be obtained from the ENGINEER at actual reproduction cost. One (1) set of plans shall be marked and returned to the ENGINEER as "RECORD" drawings.

I.48. MATERIALS AND WORKMANSHIP

The CONTRACTOR shall furnish all materials for a complete job as shown on the plans and as required by the specifications.

Instructions to Bidders 00200 - 15 Martindale - Strempel

No material which has been used by the CONTRACTOR for any temporary purpose whatever is to be incorporated in the permanent structure without written consent of the

ENGINEER.

Where materials or equipment are specified by a trade or brand name, it is not the intention of the OWNER to discriminate against an equal product or another manufacturer, but rather to set a definite standard of performance and to establish an equal basis for the evaluation of bids.