Project Manual (44).pdf

R:\BRE\Documents\Specifications\Active\Giddings, City of (TX)\3910.076.3-2025.MKG\Specifications\!Mosaic Cover (Green=Municipal).docx

2026 Utility and Road Improvements

Contract 3-2025

Section 00 01 10-1 3910.076/3-2025

SECTION 00 01 10

TABLE OF CONTENTS

CITY OF GIDDINGS

GIDDINGS, TEXAS

2026 UTILITY AND ROAD IMPROVEMENTS

CONTRACT 3-2025

Pages Through

DIVISION 00–BIDDING AND CONTRACTING REQUIREMENTS

ADVERTISEMENT TO BID ............................................................................................ 00 11 13- 2 INSTRUCTIONS TO BIDDERS ...................................................................................... 00 21 13-11 BID ................................................................................................................................. 00 41 00-20 BID BOND ...................................................................................................................... 00 43 13- 2

CONFLICT OF INTEREST QUESTIONNAIRE (FORM CIQ)

CERTIFICATE OF INTERESTED PARTIES (FORM 1295)

QUALIFICATIONS STATEMENT ................................................................................... 00 49 90-12 AGREEMENT................................................................................................................. 00 52 00-10 NOTICE TO PROCEED.................................................................................................. 00 55 00- 1 EROSION CONTROL CERTIFICATION......................................................................... 00 55 10- 1 REQUIREMENTS FOR PERFORMANCE AND PAYMENT BONDS.............................. 00 61 00- 2 PERFORMANCE BOND................................................................................................. 00 61 13.13- 4 PAYMENT BOND........................................................................................................... 00 61 13.16- 4 GENERAL CONDITIONS ............................................................................................... 00 72 00-70 SUPPLEMENTARY CONDITIONS................................................................................. 00 73 00-18

CERTIFICATE OF LIABILITY INSURANCE

SPECIFICATIONS

DIVISION 01–GENERAL REQUIREMENTS

SUMMARY OF WORK ................................................................................................... 01 11 00- 5 CONTRACT CONSIDERATIONS................................................................................... 01 29 00- 1 COORDINATION, FIELD ENGINEERING, AND MEETINGS ......................................... 01 31 00- 3 SUBMITTALS ................................................................................................................. 01 33 00- 4 REGULATORY REQUIREMENTS.................................................................................. 01 41 00- 2 REFERENCE STANDARDS AND DEFINITIONS........................................................... 01 42 00- 6 QUALITY CONTROL...................................................................................................... 01 45 00- 2 TEMPORARY FACILITIES ............................................................................................. 01 50 00- 3 TEMPORARY CONTROLS ............................................................................................ 01 57 00- 2 MATERIALS AND EQUIPMENT..................................................................................... 01 60 00- 4 CONTRACT CLOSEOUT ............................................................................................... 01 77 00- 3

WAGE RATES

TABLE OF CONTENTS Continued Pages

Through

Section 00 01 10-2 3910.076/3-2025

DIVISION 02–EXISTING CONDITIONS

DEMOLITION ................................................................................................................. 02 41 00- 5

DIVISION 03–CONCRETE

CONCRETE FORMWORK ............................................................................................. 03 11 00- 4 CONCRETE REINFORCEMENT.................................................................................... 03 20 00- 5 CAST-IN-PLACE CONCRETE........................................................................................ 03 30 00-16

DIVISION 31–EARTHWORK

CLEARING AND GRUBBING......................................................................................... 31 11 00- 2 SITE GRADING.............................................................................................................. 31 22 00- 4 EXCAVATION, FILL, BACKFILL, AND GRADING.......................................................... 31 23 00-13 DEWATERING ............................................................................................................... 31 23 19- 3 CEMENT STABILIZED SAND ........................................................................................ 31 23 23.46- 3 SLOPE PROTECTION AND EROSION CONTROL ....................................................... 31 25 00- 3 STORM WATER POLLUTION PREVENTION................................................................ 31 25 13- 7 EXCAVATION SAFETY.................................................................................................. 31 50 00- 2

DIVISION 32–EXTERIOR IMPROVEMENTS

FLEXIBLE BASE ............................................................................................................ 32 11 00- 4 HOT MIX ASPHALTIC CONCRETE PAVEMENT........................................................... 32 12 16.13- 7 CONCRETE CURB AND GUTTER AND DRIVEWAY APRONS .................................... 32 16 13- 4 PAVEMENT MARKINGS................................................................................................ 32 17 23.13- 1 SODDING....................................................................................................................... 32 92 19- 4

DIVISION 33–UTILITIES

BURIED PIPING AND APPURTENANCES .................................................................... 33 00 10-18 SUMMARY OF WORK–UTILITIES................................................................................. 33 01 30- 3 SEWER BYPASS PUMPING.......................................................................................... 33 01 31- 2 PIPELINE INSTALLED BY BORING............................................................................... 33 05 23.13- 3

APPENDICES (NOT PART OF CONTRACT DOCUMENTS)

TCEQ WATER DISTRIBUTION SYSTEM–GENERAL CONSTRUCTION NOTES

END OF SECTION

BIDDING AND CONTRACTING REQUIREMENTS

Section 00 11 13-1

SECTION 00 11 13

ADVERTISEMENT TO BID

CITY OF GIDDINGS

GIDDINGS, TEXAS

2026 UTILITY AND ROAD IMPROVEMENTS

CONTRACT 3-2025

The City of Giddings (OWNER) is requesting Bids for the construction of the following Project:

2026 Utility and Road Improvements Contract 3-2025

Bids for the construction of the Project will be received at the City Hall located at 118 East Richmond Street, Giddings, TX 78942, until September 10, 2026, at 2 P.M., local time. At that time the Bids received will be publicly opened and read aloud.

The Project includes the following Work: Rehabilitation of approximately 20,000 linear feet (LF) of water main, 6,000 LF of sanitary sewer, and 11,000 LF of road reconstruction throughout the City of Giddings.

Complete digital Project Bidding Documents are available at www.strand.com or at www.civcastusa.com at no cost. Please contact CivcastUSA.com for assistance with free membership registration, downloading, and working with this digital Project information.

Paper copies may be obtained from the Issuing Office which is Strand Associates, Inc.®, 1906 Niebuhr Street, Brenham, TX 77833. A nonrefundable fee of $250 will be required (shipping and handling fees included). Overnight mailing of Bidding Documents will not be provided.

All Bidders submitting a sealed Bid shall obtain the Bidding Documents from CivcastUSA.com or from Strand Associates, Inc.®

Bidders who submit a Bid must be a Plan Holder of record at the Issuing Office. Bids from Bidders who are not on the Plan Holders List may be returned as not being responsive.

Plan Holders are requested to provide an e-mail address if they wish to receive addenda and other information electronically. Plan Holders are requested to designate whether they are a prime contractor, subcontractor, or supplier if they want this information posted on the Project Plan Holders List.

The Bid must be accompanied by Bid security made payable to OWNER in an amount of 5% of the Bidder’s maximum Bid price. Bid bond shall be issued by a surety company licensed by the Texas Department of Insurance to do business in Texas and to issue said bond. The bid bond must be signed by an authorized representative of the surety and the representative must be licensed by the Texas Department of Insurance.

The successful Bidder must furnish Performance Bond and Payment Bond upon the forms which are attached hereto in the amount of one hundred percent (100%) of the Contract Price within 15 days after receipt of the Contract Documents. See the requirements for Performance and Payment Bonds, immediately after the Agreement, for additional information.

http://www.strand.com/ http://www.civcastusa.com/

Section 00 11 13-2

The City of Giddings reserves the right to reject any or all Bids, to waive any technicality, and to accept any Bid which it deems advantageous. All Bids shall remain subject to acceptance for 85 days after the time set for receiving Bids.

Contract award shall be made based on the lowest responsive and responsible Bidder.

The Strand Associates, Inc.® project manager is Molly K. Goff, P.E. and can be contacted at Strand Associates, Inc.®, 1906 Niebuhr Street, Brenham, TX 77833, (979) 836-7937, regarding the Project.

For further requirements regarding Bid submittal, qualifications, procedures, and Contract award, refer to the Instructions to Bidders that are included in the Bidding Documents.

Published by the authority of the City of Giddings Guillermo Garcia, City Manager

Dated at City of Giddings, Texas August 20, 2026 and August 27, 2026

Section 00 21 13-1

SECTION 00 21 13

INSTRUCTIONS TO BIDDERS

A. These Instructions to Bidders establish requirements for Bidding and Award of Contract.

B. These articles are not necessarily numbered consecutively.

C. Table of Contents

ARTICLE 1–DEFINED TERMS

ARTICLE 2–BIDDING DOCUMENTS

ARTICLE 3–QUALIFICATIONS OF BIDDERS

ARTICLE 4–PRE-BID CONFERENCE

ARTICLE 5–SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION

OF SITE; OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE

ARTICLE 6–BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

ARTICLE 7–INTERPRETATIONS AND ADDENDA

ARTICLE 8–BID SECURITY

ARTICLE 9–CONTRACT TIMES

ARTICLE 10–SUBSTITUTE OR “OR EQUAL” ITEMS

ARTICLE 11–SUBCONTRACTORS, SUPPLIERS, AND OTHERS

ARTICLE 12–PREPARATION OF BID

ARTICLE 13–BASIS OF BID

ARTICLE 14–SUBMITTAL OF BID

ARTICLE 15–MODIFICATION AND WITHDRAWAL OF BIDS

ARTICLE 16–OPENING OF BIDS

ARTICLE 17–BIDS TO REMAIN SUBJECT TO ACCEPTANCE

ARTICLE 18–EVALUATION OF BIDS AND AWARD OF CONTRACT

ARTICLE 19–BONDS AND INSURANCE

ARTICLE 20–SIGNING OF AGREEMENT

ARTICLE 21–RETAINAGE

ARTICLE 22–WAGE RATE DETERMINATION

ARTICLE 23–SALES AND USE TAXES

ARTICLE 24–LAWS, ORDINANCES, AND REGULATIONS

ARTICLE 1–DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and the Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof:

A. Issuing Office–The office from which the Bidding Documents are to be issued and which registers planholders.

ARTICLE 2–BIDDING DOCUMENTS

2.01 Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents (together, the Bidding Documents). See the Agreement for a list of the Contract Documents. It is Bidder's responsibility to determine that it is using a complete set of documents in the preparation of a Bid. Bidder

Section 00 21 13-2 assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers.

2.02 Bidding Documents are made available for the sole purpose of obtaining Bids for completion of the Project and permission to download or distribution of the Bidding Documents does not confer a license or grant permission or authorization for any other use. Authorization to download documents, or other distribution, includes the right for plan holders to print documents solely for their use, and the use of their prospective Subcontractors and Suppliers, provided the plan holder pays all costs associated with printing or reproduction. Printed documents may not be re-sold under any circumstances.

2.03 Electronic Documents

A. When the Bidding Requirements indicate that electronic (digital) copies of the Bidding Documents are available, such documents will be made available to the Bidders as Electronic Documents in the manner specified.

1. Bidding Documents will be provided in Adobe PDF (Portable Document Format) (.pdf) that is readable by Adobe Acrobat Reader Version 6.0 or later. It is the intent of ENGINEER and OWNER that such Electronic Documents are to be exactly representative of the paper copies of the documents. However, because OWNER and ENGINEER cannot totally control the transmission and receipt of Electronic Documents nor CONTRACTOR's means of reproduction of such documents, OWNER and ENGINEER cannot and do not guarantee that Electronic Documents and reproductions prepared from those versions are identical in every manner to the paper copies.

B. Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon complete sets of Electronic Documents of the Bidding Documents, described in Paragraph 2.03.A above. However, Bidder assumes all risks associated with differences arising from transmission/receipt of Electronic Documents versions of Bidding Documents and reproductions prepared from those versions and, further, assumes all risks, costs, and responsibility associated with use of the Electronic Documents versions to derive information that is not explicitly contained in printed paper versions of the documents, and for Bidder's reliance upon such derived information.

ARTICLE 3–QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, Bidder shall submit with its Bid the Qualifications Statement.

3.02 Bidder must be prepared to submit evidence of Bidder’s qualifications to do business in the state where the Project is located prior to award of the Contract.

3.03 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.

3.04 Bidders shall submit the documentation listed in Paragraph 7.01 of the Bid Form (Section 00 41 00).

3.05 No requirement in this Article 3 to submit information will prejudice the right of OWNER to seek additional pertinent information regarding Bidder’s qualifications.

Section 00 21 13-3

3.06 Bidder is advised to carefully review those portions of the Bidding Documents requiring Bidder’s representations and certifications.

ARTICLE 4–PRE-BID CONFERENCE

4.01 A pre-bid conference will not be held for this Project.

ARTICLE 5–SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE;

OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE

5.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by OWNER for the use of CONTRACTOR. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by CONTRACTOR.

5.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions.

1. The Supplementary Conditions identify the following regarding existing conditions at or adjacent to the Site:

a. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data.

b. Those drawings known to OWNER of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data.

c. Reports and drawings known to OWNER relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. OWNER will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions.

Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply.

B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05 of the General Conditions, and not in the drawings referred to in Paragraph 5.02.A of these Instructions to Bidders. Information and data regarding the presence or

Section 00 21 13-4 location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data.

5.03 Other Site-Related Documents

A. No other Site-related documents are available.

5.04 Site Visit and Testing by Bidders

A. Bidder is required to visit the Site and conduct a thorough visual examination of the Site and adjacent areas. During the visit the Bidder must not disturb any ongoing operations at the Site.

B. Bidders visiting the Site are required to arrange their own transportation to the Site.

C. All access to the Site other than during a regularly scheduled Site visit must be coordinated through the following OWNER contact for visiting the Site: Kenny Ray, (979) 481-2579. Bidder must conduct the required Site visit during normal working hours.

D. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions.

E. On request, and to the extent OWNER has control over the Site, and schedule permitting, OWNER will provide Bidder general access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. OWNER will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on OWNER's authority regarding the Site. Bidder is responsible for establishing access needed to reach specific selected test sites.

F. Bidder must comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by OWNER or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

G. Bidder must fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

5.05 OWNER’s Safety Program

A. Site visits and work at the Site may be governed by an OWNER safety program. If an OWNER safety program exists, it will be noted in the Supplementary Conditions.

5.06 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which OWNER is aware (if any) that is to be performed at the Site by OWNER or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If OWNER is party to a written contract for such other work, then on request, OWNER will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

Section 00 21 13-5

ARTICLE 6–BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Express Representations and Certifications in Bid Form, Agreement

A. The Bid Form that each Bidder will submit contains express representations regarding the Bidder's examination of Project documentation, Site visit, and preparation of the Bid, and certifications regarding lack of collusion or fraud in connection with the Bid. Bidder should review these representations and certifications, and assure that Bidder can make the representations and certifications in good faith, before executing and submitting its Bid.

B. If Bidder is awarded the Contract, Bidder (as CONTRACTOR) will make similar express representations and certifications when it executes the Agreement.

ARTICLE 7–INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINEER in writing. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Issuing Office as having received the Bidding Documents.

7.02 All requests for interpretation must be received at least five business days prior to the day set for receiving Bids. Addenda will be issued not later than three business days prior to the time and day set for receiving Bids. Failure of any Bidder to receive any such Addendum or interpretation shall not relieve such Bidder from any obligations under the Bid as submitted. All Addenda so issued shall become part of the Contract Documents.

7.03 Only responses set forth in an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Responses to questions are not part of the Contract Documents unless set forth in an Addendum that expressly modifies or supplements the Contract Documents.

7.04 Receipt of all addenda must be acknowledged in space provided in the Bid.

ARTICLE 8–BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to OWNER in an amount of 5% of the Bidder’s maximum Bid price and in the form of a certified check, bank money order, or a Bid Bond (on form attached) issued by a surety meeting the requirements of Paragraph 6.01 of the General Conditions.

8.02 The Bid security of the apparent Successful Bidder will be retained until OWNER awards the contract to such Bidder, and such Bidder has executed the Contract, furnished the required Contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract and furnish the required Contract security within 15 days after the Notice of Award, OWNER may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited, in whole in the case of a Penal Sum Bid Bond, and to the extent of OWNER's damages in the case of a damages-form bond. Such forfeiture will be OWNER's exclusive remedy if Bidder defaults.

8.03 The Bid security of other Bidders that OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of 7 days after the Effective Date of the Contract or 86 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

Section 00 21 13-6

8.04 Bid security of other Bidders that OWNER believes do not have a reasonable chance of receiving the award will be released within 7 days after the Bid opening.

ARTICLE 9–CONTRACT TIMES

9.01 The number of days within which, or the dates by which, the Work is to be (a) substantially completed and (b) ready for final payment, and (c) Milestones (if any) are to be achieved, are set forth in the Agreement.

9.02 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement.

ARTICLE 10–SUBSTITUTE OR “OR EQUAL” ITEMS

10.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without evaluation of Alternative Equipment Manufacturers listed in the Lump Sum Base Bid, if any, and without evaluation of possible substitute or “or equal” items. Whenever it is specified or described in the Bidding Documents that an Alternative Equipment Manufacturers listed in the Lump Sum Base Bid or that a substitute or “or equal” item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be evaluated by ENGINEER until after the Effective Date of the Contract.

10.02 All prices that Bidder sets forth in its Bid shall be based on the presumption that CONTRACTOR will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk.

10.03 As an exception to the above, there will be no substitutions or “or equal” items considered for Base Bid or Alternative Bid designated items that are included in the Contract award.

ARTICLE 11–SUBCONTRACTORS, SUPPLIERS, AND OTHERS

11.01 A Bidder must be prepared to retain specific Subcontractors and Suppliers for the performance of the Work if required to do so by the Bidding Documents or in the Specifications. If a prospective Bidder objects to retaining any such Subcontractor or Supplier and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid.

11.02 Subsequent to the submittal of the Bid, OWNER may not require the Successful Bidder or CONTRACTOR to retain any Subcontractor, Supplier, or other individual or entity against which CONTRACTOR has reasonable objection.

11.03 The apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to OWNER a list of the Subcontractors or Suppliers proposed for the Work. If requested by OWNER, such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, or other individual or entity. If OWNER or ENGINEER, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, OWNER may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder shall submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and OWNER may consider such price adjustment in evaluating Bids and making the Contract award.

Section 00 21 13-7

11.04 If apparent Successful Bidder declines to make any such substitution, OWNER may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, or other individuals or entities. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to subsequent revocation of such acceptance as provided in Paragraph 7.07 of the General Conditions.

ARTICLE 12–PREPARATION OF BID

12.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form shall be completed in ink and the Bid Forms shall be signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein.

B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.”

12.02 A Bid by a corporation shall be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation shall be shown.

12.03 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address and state of incorporation shall be shown.

12.04 A Bid by a limited liability company shall be executed in the name of the firm by a member, if the LLC is member-managed, or by a manager, if manager-managed, and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown.

12.05 A Bid by an individual shall show the Bidder’s name and official address.

12.06 A Bid by a joint venture must be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture must have been formally established prior to submittal of a Bid, and the official address of the joint venture must be shown.

12.07 All names shall be printed below the signatures.

12.08 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which must be filled in on the Bid Form.

12.09 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown.

12.10 The Bid must contain evidence of Bidder's authority to do business in the state where the Project is located, or Bidder must certify in writing that it will obtain such authority within the time for acceptance of Bids and attach such certification to the Bid.

Section 00 21 13-8

12.11 If Bidder is required to be licensed to submit a Bid or perform the Work in the state where the Project is located, the Bid must contain evidence of Bidder's licensure, or Bidder must certify in writing that it will obtain such licensure within the time for acceptance of Bids and attach such certification to the Bid. Bidder's state contractor license number, if any, must also be shown on the Bid Form.

12.12 All Bids shall be signed in the presence of and be notarized by a Notary Public or other Officer authorized to administer oaths.

ARTICLE 13–BASIS OF BID

13.01 Computed Total Base Bid

A. Bidder shall submit a Bid on a computed total Base Bid basis. The price for all Base Bid items shall be included in the computed total Base Bid. Bidder shall include a separate price for each alternative described in the Contract Documents and as provided for in the Bid. The price for each alternative will be the amount to be added to or deducted from the price of the Base Bid if OWNER selects the alternative. Consideration of alternatives will be made prior to the Notice of Award.

B. The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the corresponding unit price. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

13.02 Discrepancies between 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. For Bids submitted on a Lump Sum basis, discrepancies between words and figures will be resolved in favor of the words.

ARTICLE 14–SUBMITTAL OF BID

14.01 Bids will be received for all divisions of the Specifications and all other provisions of the Bidding Documents.

14.02 Bidder is furnished one copy of the Bidding Documents with one separate unbound copy of the Bid Forms and the Bid Bond form. The Bidding Documents may be retained by Bidder. The unbound copy of the Bid Forms is to be completed and submitted with the Bid security along with any data required by the Bidding Documents to be attached to and made a condition of the Bid.

Additional copies may be obtained from the Issuing Office.

14.03 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, plainly marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If the Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid shall be addressed to place indicated in the Advertisement or Invitation to Bid. No relief will be provided for a mailed Bid not being received by the prescribed time.

14.04 Bids received after the date and time prescribed for the opening of Bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened.

Section 00 21 13-9

ARTICLE 15–MODIFICATION AND WITHDRAWAL OF BIDS

15.01 An unopened Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to that date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.

15.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 15.01 and submit a new Bid prior to the date and time for the opening of Bids.

15.03 If within 24 hours after Bids 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 and substantial mistake in the preparation of its Bid, the Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, the Bidder will be disqualified from further Bidding on the Work.

ARTICLE 16–OPENING OF BIDS

16.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation to Bid and, unless obviously nonresponsive, read aloud publicly. An abstract of the amounts of the Base Bids and major alternatives and components, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 17–BIDS TO REMAIN SUBJECT TO ACCEPTANCE

17.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but OWNER may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 18–EVALUATION OF BIDS AND AWARD OF CONTRACT

18.01 OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. OWNER also reserves the right to waive all minor Bid informalities not involving price, time, or changes in the Work.

18.02 OWNER will reject the Bid of any Bidder that OWNER finds, after reasonable inquiry and evaluation, to not be responsible.

18.03 If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, whether in the Bid itself or in a separate communication to OWNER or ENGINEER, then OWNER will reject the Bid as nonresponsive.

18.04 In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such alternatives, unit prices, and other data as may be requested in the Bid Form or prior to the Notice of Award.

18.05 In evaluating Bids, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions.

OWNER also may consider the operating costs, maintenance requirements, performance data, and

Section 00 21 13-10 guarantees of major items of materials and equipment proposed for incorporation in the work when such data is required to be submitted prior to the Notice of Award.

18.06.1 OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals or entities to perform the Work in accordance with the Contract Documents to OWNER’s satisfaction within the prescribed time.

Bidder shall furnish to OWNER all such information and data for this purpose as OWNER may request. OWNER reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy OWNER that such Bidder is properly qualified to carry out the obligations of the Contract Documents and to complete the work contemplated therein.

18.06.2 OWNER shall be satisfied that Bidder involved (1) maintains a permanent place of business,

(2) has adequate plant and equipment to do the work properly and expeditiously, (3) has a suitable financial status to meet obligations incident to the work, (4) has appropriate technical experience, and (5) can submit a satisfactory performance record.

18.07.1 If a Contract is to be awarded, it will be awarded to the responsible Bidder with either the lowest responsive computed total Base Bid or the lowest responsive computed total Base Bid plus any alternative(s) selected by OWNER whose evaluation indicates to OWNER that the award will be in the best interest of the Project. Bid from the successful Bidder for the computed total Base Bid plus any alternative(s) selected by OWNER may not necessarily be lower in price than the Bid or Bids for other alternative combinations.

18.07.2 Should OWNER wish to consider alternatives listed, Bidder may be required to provide additional information as listed in Article 7.06 of the General Conditions, prior to the Notice of Award.

If an alternative is selected by OWNER, the awarded Contract price will include the selected alternative(s).

18.08 If a Contract is to be awarded, OWNER will give the successful Bidder a Notice of Award within 60 days after the time set for opening Bids.

ARTICLE 19–BONDS AND INSURANCE

19.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth OWNER's requirements as to performance and payment bonds, other required bonds (if any), and insurance. When the Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by required bonds and insurance documentation.

19.02 Article 8, Bid Security, of these Instructions, addresses any requirements for providing Bid Bonds as part of the Bidding process.

ARTICLE 20–SIGNING OF AGREEMENT

20.01 When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unexecuted counterparts of the Agreement along with all other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, Successful Bidder shall execute and deliver the required number of counterparts of the Agreement and attached documents to ENGINEER with the required Bonds and insurances. Within 10 days after receipt of properly executed documents and Bonds and insurances which meet all requirements of the Contract Documents, ENGINEER will deliver one fully signed counterpart to Successful Bidder.

Section 00 21 13-11

ARTICLE 21–RETAINAGE

21.01 Provisions concerning retainage are set forth in the Agreement.

ARTICLE 22–WAGE RATE DETERMINATION

22.01 A current wage rate determination can be viewed on the Texas Workforce Commission website.

Bidder shall inspect the wage rate determination and shall incorporate its requirements into its Bid.

22.02 See Section 01 41 00 of the General Requirements for additional information.

ARTICLE 23–SALES AND USE TAXES

23.01 Being a political subdivision, OWNER is exempt from Texas state sales and use taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Bid. Refer to Paragraph 7.10 of the Standard General Conditions of the Construction Contract for additional information.

ARTICLE 24–LAWS, ORDINANCES, AND REGULATIONS

24.01 Bidder must familiarize itself with all laws, ordinances, and regulations by federal, state, city, or other governmental agency, which by reason of being neglected or violated may affect the Work contemplated and must secure and pay the fee required for any permits which may be necessary unless such fees are otherwise indicated to be paid in the Bidding Documents.

Section 00 41 00-1

SECTION 00 41 00

BID

CITY OF GIDDINGS

GIDDINGS, TEXAS

2026 UTILITY AND ROAD IMPROVEMENTS

CONTRACT 3-2025

A. Table of Contents

ARTICLE 1. BID RECIPIENT

ARTICLE 2. BIDDER’S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD,

INSTRUCTIONS, AND RECEIPT OF ADDENDA

ARTICLE 3. BIDDER’S REPRESENTATIONS

ARTICLE 4. BIDDER’S CERTIFICATIONS

ARTICLE 5. BASIS OF BID

ARTICLE 6. TIME OF COMPLETION

ARTICLE 7. ATTACHMENTS TO THIS BID

ARTICLE 8. DEFINED TERMS

ARTICLE 9. COMMUNICATIONS

ARTICLE 10. BID SUBMITTAL

ARTICLE 1–BID RECIPIENT

1.01 Bids to be received until 2 P.M. local time, September 10, 2026.

1.02 This Bid is submitted to: City of Giddings

118 East Richmond Street Giddings, TX 78942

1.03 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2–BIDDER’S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD, INSTRUCTIONS, AND

RECEIPT OF ADDENDA

2.01 Bid Acceptance Period

A. This Bid will remain subject to acceptance for 85 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of OWNER.

2.02 Instructions to Bidders

A. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security.

Section 00 41 00-2

2.03 In submitting this Bid, Bidder represents the following:

A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following addenda:

Date: Addendum Number:

2.04 Bidder will sign and deliver the required number of counterparts of the Agreement with the bonds, insurance certificates, and other documents required by the Bidding Requirements within 15 days after the date of OWNER’s Notice of Award.

ARTICLE 3–BIDDER’S REPRESENTATIONS

3.01 Bidder’s Representations

A. In submitting this Bid, Bidder represents the following:

1. Bidder has examined and carefully studied the Bidding Documents, including Addenda.

2. Bidder has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

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

4. Bidder has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.

5. Bidder has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.

6. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, if selected as CONTRACTOR; and (c) Bidder's (CONTRACTOR's) safety precautions and programs.

7. Based on the information and observations referred to in the preceding paragraph, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.

8. Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents.

Section 00 41 00-3

9. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR.

10. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

11. The submission of this Bid constitutes an incontrovertible representation by Bidder that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

ARTICLE 4–BIDDER’S CERTIFICATIONS

4.01 Bidder certifies the following:

A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation.

B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid.

C. Bidder has not solicited or induced any individual or entity to refrain from Bidding.

D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D:

1. Corrupt practice means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the Bidding process.

2. Fraudulent practice means an intentional misrepresentation of facts made

(a) to influence the Bidding process to the detriment of OWNER, (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive OWNER of the benefits of free and open competition.

3. Collusive practice means a scheme or arrangement between two or more Bidders, with or without the knowledge of OWNER, a purpose of which is to establish Bid prices at artificial, non-competitive levels.

4. Coercive practice means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the Bidding process or affect the execution of the Contract.

4.02 Prohibition on Boycotting Israel

In accordance with HB 89 and Texas Government Code Chapter 2270, OWNER may not enter into a Contract with a "company" for goods or services unless the Contract contains the following written verification:

A. For the purposes for this section only, the terms "company" and "boycott Israel" shall have the meaning assigned by Texas Government Code Chapter 2270.

Section 00 41 00-4

B. If a Bidder qualifies as a "company" outside of the exclusions of HB 793, then Bidder hereby verifies that it:

1. Does not "boycott Israel"; and

2. Will not "boycott Israel" during the term of the Contract.

4.03 Iran, Sudan, and Foreign Terrorist Organization Verification

A. In accordance with SB 252 and Texas Government Code 2252, Bidder hereby certifies that it is not listed on the website of the Comptroller of the State of Texas concerning the list of companies that are identified under Section 806.051, Section 807.051, or Section 2252.153 of the Texas Government Code.

B. Bidder also further certifies that should it enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan, or any foreign terrorist organization, it will immediately notify OWNER's purchasing department.

4.04 Critical Infrastructure Verification

In accordance with SB 2116 and Texas Government Code Chapter 2274, Bidder hereby certifies that if it has or will have remote or direct access to communication infrastructure systems, cybersecurity systems, the electric grid, hazardous waste treatment systems, or water treatment facilities as a result of entering into a Contract with OWNER, that Bidder is not:

A. Owned by or the majority of stock or other ownership interest is not held or controlled by:

1. Individuals who are citizens of China, Iran, North Korea, Russia, or a country designated by the Governor; or

2. A company or other entity, including a governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of…