Project Manual with Exhibit.pdf

FOR BIDDING PURPOSES ONLY

NOT FOR CONSTRUCTION

TABLE OF CONTENTS

BINNACLE TEXAS CITY 51, LLC

FOR THE BENEFIT OF GALVESTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 79

WATER, SANITARY SEWER, STORM SEWER AND PAVING TO SERVE

BROOKWATER SECTION 1B

SECTION ITEM PAGES

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DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

TOC TABLE OF CONTENTS ....................................................................................................... 1- 3

00111 INVITATION TO BIDDERS................................................................................................. 1- 1

00200 INSTRUCTIONS TO BIDDERS ........................................................................................... 1- 7

00410 BID FORM ............................................................................................................................. 1- 11

00430 BID BOND ............................................................................................................................. 1- 2

00510 NOTICE OF AWARD ........................................................................................................... 1- 1

00520 CONTRACT ........................................................................................................................... 1- 2

00521 SPECIAL CONDITIONS OF THE CONTRACT PART A .................................................. 1- 2

00600 MAINTENANCE BOND ....................................................................................................... 1- 2

00610 PERFORMANCE BOND ...................................................................................................... 1- 2

00615 PAYMENT BOND ................................................................................................................. 1- 4

00625 CERTIFICATE OF SUBSTANTIAL COMPLETION .......................................................... 1- 1

00700 GENERAL CONDITIONS OF THE CONTRACT ............................................................... 1- 39

00700a GENERAL CONDITIONS ATTACHMENT A – INSURANCE REQUIREMENTS ......... 1- 9

00700b GENERAL CONDITIONS ATTACHMENT B – MINIMUM WAGE RATE SCALE ....... 1- 26

00700c ADDENDUM TO THE GENERAL CONDITIONS OF THE CONTRACT ........................ 1- 1

00701 TEXAS SALES AND USE TAX EXEMPTION CERTIFICATION .................................... 1- 1

DIVISION 01 - GENERAL REQUIREMENTS

01110 ADDITIONAL REQUIREMENTS ........................................................................................ 1- 1

01145 USE OF PREMISES .............................................................................................................. 1- 3

01255 CHANGE ORDER PROCEDURES ...................................................................................... 1- 4

01270 MEASUREMENT AND PAYMENT .................................................................................... 1- 3

01326 CONSTRUCTION SCHEDULE ............................................................................................ 1- 3

01330 SUBMITTAL PROCEDURES .............................................................................................. 1- 3

01350 PROJECT REPRESENTATIVE ............................................................................................ 1- 4

01454 TESTING LABORATORY SERVICES ............................................................................... 1- 2

01502 MOBILIZATION ................................................................................................................... 1- 1

01578 CONTROL OF GROUND AND SURFACE WATER ......................................................... 1- 8

01725 FIELD SURVEYING ............................................................................................................. 1- 2

01740 SITE RESTORATION ........................................................................................................... 1- 2

01770 CLOSEOUT PROCEDURES ................................................................................................ 1- 2

DIVISION 02 - SITE WORK

02081 CAST-IN-PLACE CONCRETE MANHOLES ..................................................................... 1- 8

02082 PRECAST CONCRETE MANHOLES ................................................................................. 1- 11

02084 FRAMES, GRATES, RINGS, AND COVERS ..................................................................... 1- 3

02085 VALVE BOXES, METER BOXES, AND METER VAULTS ............................................. 1- 6

02086 ADJUSTING MANHOLES, INLETS, AND VALVE BOXES TO GRADE ....................... 1- 3

FOR THE BENEFIT OF GALVESTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 79

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DIVISION 02 - SITE WORK (CONTINUED)

02227 WASTE MATERIAL DISPOSAL ......................................................................................... 1- 1

02230 GRADING AND COMPACTION OF SUBGRADE ............................................................. 1- 1

02241 LIME STABILIZATION OF PAVEMENT SUBGRADE .................................................... 1- 5

02305 EARTHWORK ....................................................................................................................... 1- 4

02315 ROADWAY EXCAVATION ................................................................................................ 1- 4

02317 EXCAVATION AND BACKFILL FOR UTILITIES ........................................................... 1- 13

02320 UTILITY BACKFILL MATERIALS .................................................................................... 1- 10

02321 CEMENT STABILIZED SAND ............................................................................................ 1- 8

02336 LIME STABILIZED SUBGRADE ........................................................................................ 1- 7

02362 CONCRETE TRUCK WASHOUT STRUCTURES .............................................................. 1- 3

02450 HORIZONTAL DIRECTIONAL DRILLING ....................................................................... 1- 11

02501 DUCTILE IRON PIPE AND FITTINGS ............................................................................... 1- 8

02506 POLYVINYL CHLORIDE PIPE ........................................................................................... 1- 8

02511 WATER LINES ...................................................................................................................... 1- 18

02512 WATER TAP AND SERVICE LINE INSTALLATION ...................................................... 1- 6

02513 WET CONNECTIONS .......................................................................................................... 1- 2

02515 HYDROSTATIC TESTING OF PIPELINES ........................................................................ 1- 2

02520 FIRE HYDRANTS ................................................................................................................. 1- 4

02525 TAPPING SLEEVES AND VALVES ................................................................................... 1- 4

02531 GRAVITY SANITARY SEWERS ........................................................................................ 1- 6

02533 ACCEPTANCE TESTING FOR SANITARY SEWERS ...................................................... 1- 12

02534 SANITARY SEWER SERVICE STUBS OR RECONNECTIONS ...................................... 1- 7

02558 CLEANING & TELEVISION INSPECTION ....................................................................... 1- 16

02611 REINFORCED CONCRETE PIPE ........................................................................................ 1- 3

02620 CONCRETE CURBS ............................................................................................................. 1- 3

02631 STORM SEWERS .................................................................................................................. 1- 6

02633 PRECAST CONCRETE INLETS, HEADWALLS, AND WINGWALLS ........................... 1- 3

02711 HOT MIX ASPHALT BASE COURSE ................................................................................ 1- 7

02712 CEMENT STABILIZED BASE COURSE ............................................................................ 1- 6

02725 TRAFFIC SIGNS .................................................................................................................... 1- 2

02735 PAVEMENT MARKING MATERIALS ............................................................................... 1- 2

02736 TRAFFIC BUTTONS AND PAVEMENT MARKERS (REFLECTORIZED) ..................... 1- 5

02741 ASPHALTIC CONCRETE PAVEMENT .............................................................................. 1- 8

02751 CONCRETE PAVING ........................................................................................................... 1- 13

02752 CONCRETE PAVEMENT JOINTS ...................................................................................... 1- 4

02753 CONCRETE PAVEMENT CURING .................................................................................... 1- 3

02764 RAISED PAVEMENT MARKERS ....................................................................................... 1- 6

FOR THE BENEFIT OF GALVESTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 79

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DIVISION 02 - SITE WORK (CONTINUED)

02767 THERMOPLASTIC PAVEMENT MARKINGS .................................................................. 1- 7

02771 CURB, CURB AND GUTTER, AND HEADERS ................................................................ 1- 3

DIVISION 15 – MECHANICAL

15125 VALVES ................................................................................................................................ 1- 10

EXHIBITS

EXHIBIT A – GRADING REVISIONS TO SECTION 1A DRAINAGE

END OF SECTION

BINNACLE TEXAS CITY 51, LLC FBO GC MUD NO. 79 INVITATION TO BIDDERS

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INVITATION TO BIDDERS

Sealed Electronic Bids addressed to BINNACLE TEXAS CITY 51, LLC FOR THE BENEFIT OF

GALVESTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 79 will be electronically received, until 2:00 p.m. Local Time, Thursday, September 17, 2026, and then publicly opened and read at A&S

Engineers, Inc., 10377 Stella Link Road, Houston, TX 77025, for “WATER, SANITARY SEWER, STORM SEWER AND PAVING TO SERVE BROOKWATER SECTION 1B for BINNACLE TEXAS

CITY 51, LLC FOR THE BENEFIT OF GALVESTON COUNTY MUNICIPAL UTILITY DISTRICT

NO. 79 of Galveston County, Texas.” In addition to the opening of sealed Bids at the address above, you may view the public opening of sealed Bids via Civcast or join via conference call. To Join Conference

Call: Dial-in number: (267) 930-4000, Access code: 825-129-055 #. Phone carriers may apply standard charges.

Scope of Work of the Contract Documents includes the following: Construction of water, sanitary, drainage, and paving to serve a single-family subdivision.

Bids received after the closing time will not be considered. A NON-MANDATORY pre-bid conference will be held on Thursday, September 10, 2026, at 2:00 p.m. Local Time, via conference call. To Join

Conference Call: Dial-in number: (267) 930-4000, Access code: 825-129-055 #. Phone carriers may apply standard charges.

Each Bid must be accompanied by a Bid bond or a certified or cashier’s check, acceptable to the Owner, in an amount not less than two percent (2%) of the total amount Bid, as a guarantee that the successful bidder will enter into the Contract Documents and execute the Bonds on the forms provided and provide the required insurance certificates and Bonds within seven (7) days after the date Contract Documents are received by the successful bidder. If a certified or cashier’s check is provided, the successful bidder shall deliver, at the bid opening address, the original certified or cashier’s check within one (1) business day of receipt of the bid opening.

Copies of the bidding documents may be reviewed and obtained from www.CivcastUSA.com: search title.

Bidders must register on this website in order to view and/or download specifications, plans, soils report, and environmental reports for this Project. There is NO charge to view or download documents.

A bidder submitting electronic Bids must submit its Bid and Bid Securities in compliance with Texas Water

Code Section 49.2731 Electronic Bidding Rules and all electronic Bids and Bid Securities must be submitted through www.CivcastUSA.com. Bidder must register on this website to submit a Bid and Bid

Security and there is no charge to submit Bids and Bid Securities on this website.

By submitting a Bid, bidder acknowledges and agrees that the Contract Documents may be accepted, executed or agreed to through the use of an electronic signature.

The Owner reserves the right to reject any or all Bids and to waive all defects and irregularities in bidding or bidding process except the time for submitting a Bid. The successful bidder, if any, will be the responsible bidder, which will be most advantageous and result in the best and most economical completion of the Project.

The requirements of Subchapter J, Chapter 552, Government Code, may apply to this Bid and the bidder agrees that the Contract Documents can be terminated if the bidder knowingly or intentionally fails to comply with a requirement of that subchapter.

BINNACLE TEXAS CITY 51, LLC FBO GC MUD NO. 79 INSTRUCTIONS TO BIDDERS

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INSTRUCTIONS TO BIDDERS

1. PREPARATION OF BIDS. Unless otherwise directed in the Invitation to Bidders, each Bid must be submitted on the bid forms provided or on photocopies of the forms, in conformity with the requirements of the Invitation to Bidders, these Instructions to Bidders (“Instructions”), and the instructions printed on the bid form. In addition, if submitting a paper Bid, the Bid must be submitted in duplicate.

All blanks on the bid form must be completed and no change shall be made to the bid form or any other of the Contract Documents. All amounts must be in figures, with amounts extended and totaled. If minimum unit prices have been established for certain items, the minimum unit prices will be shown on the bid form.

See Paragraph 8 of these Instructions. If the bidder chooses not to bid on optional items (if any), “No Bid” must be entered in the bid space. Any Bid may be rejected if it contains any omission, erasure, alteration, addition, irregularity of any kind, or items not called for; if it does not submit prices for each of the items in the bid form; if it is not signed by the bidder; if it is unbalanced; or if it in any manner, fails to conform to the conditions of the Invitation to Bidders and these Instructions. An “unbalanced” Bid means a Bid containing unit prices that are significantly less than cost for some items and significantly more than cost for others. This may be evidenced by submission of unit price Bid items where the cost is significantly higher/lower than the cost of the same Bid items submitted by other Bidders on the same Project.

The bidder must sign its Bid. If the Bid is made by a partnership or corporation, the name and address of the partnership or corporation must be shown together with the names and addresses of the partners or officers. If the Bid is made by an individual, it must be executed by that person; if made by a partnership, it must be executed by one of the partners (and if by a limited partnership, then executed by the general partner); or if made by a corporation, it must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or assistant secretary of the corporation. The corporate address and state of incorporation shall be shown below the signature.

When applicable, evidence of authority to conduct business as an out-of-state corporation in the State of Texas must be provided in accordance with the paragraph entitled QUALIFICATION OF BIDDERS. State contractor license number, if any, must also be shown.

The Bid and the Bid Security must be sealed and must identify the contents (i.e., Bid or Bid Security), the bidder’s name, and the job name and number, and be addressed to the Owner as prescribed in the Invitation to Bidders.

2. CONTRACT DOCUMENTS. The Contract Documents are complementary and must be read together as a whole; what is called for by one is binding as if called for by all.

Bidders desiring further information or further interpretation of any part of the Contract Documents are hereby obligated to submit a written request online to the www.CivcastUSA.com website for such information to Engineer not less than 72 hours before the Bid opening. If appropriate, answers to these requests will be given, in writing, to all bidders as addenda to the Contract Documents, and when each addendum is issued it becomes a part of the Contract Documents. No explanation or interpretation of the Contract Documents, other than written addenda, is binding.

Should a bidder find discrepancies or errors in or omissions from the Contract Documents or should the bidder be in doubt as to any meaning, the bidder is hereby obligated to notify Engineer in writing. It is the responsibility of each bidder to determine if it has received all addenda, complete files of which will be maintained at the Engineer’s office and the office designated to receive the Bids, if any.

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Each bidder must inform itself fully of the construction and labor conditions under which the Work will be performed and will be presumed to have inspected the Site and to have read and to be thoroughly familiar with the Contract Documents. Failure to do so will not relieve the successful bidder of its obligation to furnish all materials and labor necessary to carry out the requirements of the Contract Documents and to complete the Work for the consideration in its Bid.

3. PRE-BID CONFERENCE. A pre-bid conference among Owner, Engineer, prospective bidders, and others will be held to discuss the scope of the Work and to answer questions concerning the Work. No addendum will be issued at this conference, but an addendum will be issued afterwards, if necessary, to answer questions. The pre-bid conference will be held at the place and time stated in the Invitation to

Bidders or as modified by written addenda.

4. BID SECURITY. Each Bid must be accompanied by a bid bond or a certified or cashier’s check, acceptable to the Owner, in an amount not less than two (2) percent of the total amount bid (the “Bid Security”), as a guarantee that the successful bidder will enter into the Contract and execute the required Bonds on the forms provided and provide the required insurance certificates and Bonds within seven (7) days after the date Contract Documents are received by the successful bidder. Bid Securities will be returned to all but the three (3) most qualified, responsible bidders within three (3) days after opening of Bids, and the latter’s Bid Securities will be returned after complete execution of the Contract Documents.

If the successful bidder does not enter into the Contract after notice of award, then the bidder’s Bid Security will be forfeited and will be retained by Owner. If the award of the Contract to the successful bidder is canceled or not executed for any reason, the Owner may accept the next lowest bid and proceed with the next-lowest qualified bidder.

5. BONDS. The successful bidder must furnish a performance bond and a payment bond each in the sum of 100 percent (100%) of the Contract Price. The Payment Bond form must comply with the

Requirements of Subchapter I of Chapter 53 of the Texas Property Code. The successful bidder must also provide a two-year (2) Maintenance Bond for fifty (50) percent of the cost of the construction of the improvements that will be owned by Galveston County Municipal Utility District No. 79. The Bonds must be from a surety company holding a permit from the State of Texas to act as surety. Unless otherwise specified, the cost of proving Bonds must be included in the bidder’s total Bid amount. The surety company must have a minimum Best Key Rating of “B+” or better. The surety company, the agency and agent issuing the Bonds must be authorized to issue Bonds in Texas in an amount equal to the total Contract Price and such authorization must be recorded in the files of the Texas Department of Insurance. The person executing the Bonds must be a licensed Texas local recording agent and such licensing must be recorded in the files of the Texas Department of Insurance. All Bonds signed by an agent must be accompanied by a certified copy of the agent’s authority to act. The Bonds must be executed by a duly appointed representative of the surety company licensed by the State of Texas as a General Lines Agent and such licensing must be recorded in the files of the Texas Department of Insurance. If the surety company does not have such a rating due to the length of time it has existed, the surety company must be eligible to participate in the surety bond guarantee program of the Small Business Administration and must be an approved surety listed in the current U.S. Department of Treasury Circular 570, and must meet all of the rules and regulations of the Treasury Department with respect to performance and payment bonds for federal jobs, including specifically the rules related to underwriting limitation. For contracts over $100,000, the surety must also hold a certificate of authority from the United States Secretary of Treasury to qualify as a surety on obligations permitted or required under federal law, or have obtained reinsurance for any liability in excess of $1,000,000 from a reinsurer that is authorized and admitted as a reinsurer in the State of Texas and is the holder of a certificate of authority from the United States Secretary of Treasury to qualify as a surety or reinsurer on obligations permitted or required under federal law. If bidder’s proposed surety company, agency or agents do not meet the requirements herein, then Owner may refrain from considering the bidder for Contract award and Owner may require bidder to forfeit its Bid Security.

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It is further agreed that the successful bidder will execute the Bonds required for the satisfactory performance of the Work, the fulfillment of any guarantees required, and the prompt payment to all persons supplying labor and materials in the prosecution of the Work, in accordance with the Contract Documents and on the forms provided for this purpose. It is agreed that this Contract is not in effect until the required Bonds are furnished and approved by Owner. Upon increase of the Contract Price authorized by Change Order, Contractor must immediately provide revised Bonds for such increased Contract Price. Contractor’s failure to provide compliant Bonds may be grounds for immediate termination regardless of whether the Contractor has started the Work on the Project.

If the surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements herein Contractor must promptly notify Owner and Engineer and must, within ten (10) calendar days after the event giving rise to such notification, provide another Bond and surety to fulfill the required obligations.

6. DELIVERY OF BIDS. It is each bidder’s responsibility to deliver its Bid and Bid Security as stated in the Invitation to Bidders before the closing time. The fact that a Bid and a Bid Security were dispatched will not be considered. The Bid and Bid Security must be timely delivered to be considered.

7. “OR EQUAL” SUBMISSIONS. 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 of another manufacturer, but to set a definite standard of quality or performance. In preparing its proposal, each bidder is expected to include in its base Bid the cost of the item so specified. However, in certain Technical Specification sections, manufacturers are listed followed by “or equal”. In certain other Technical Specification sections, manufacturers are listed with “or equal” not included. In those items where “or equal” is not included, it is hereby added and understood to be included, even though not specifically stated in each Technical Specification. If a bidder chooses to submit a suggested “or equal” product in lieu of a product by one of the named manufacturers, Owner will evaluate the item to determine if it is an “equal”. The bidder is responsible for providing all data required to evaluate an item submitted as a suggested “or equal.” Owner’s decision on whether a suggested manufacturer is an “equal” is final. No claims for additional cost or time delay, etc. will be accepted if a suggested manufacturer is submitted by bidder as an “equal” and Owner decides the item is not “equal”.

Bidder must submit its list of suggested “or equal” items at time of Bid submission. No additional suggested “or equal” items will be considered after bid opening.

8. MINIMUM UNIT PRICE ITEMS. If the approximate quantity and a minimum unit price have been established for items in the bid form, the bidder may not bid a unit price less than the minimum value;

however, it may bid an amount greater than the minimum unit price. If no entry is made in the spaces provided, the minimum unit prices shown apply.

9. EXTRA UNIT PRICE ITEMS. Extra Unit Price Items are included to facilitate payment for changes and alterations that may be required to complete the Work. The Work, as provided by the Contract Documents, is described in bid items other than Extra Unit Price Items. When additional Work covered by Extra Unit Price Items is performed, payment will be based on the quantity constructed and the unit prices entered in the Bid.

10. TIME FOR COMPLETION. Contractor will not be allowed time extensions (i) due to inclement weather except for Force Majeure events as defined under Section 1.01 of the General Conditions of the

Contract; (ii) due to non-availability of equipment or material, when the principal units of Work and tasks on the critical path are not in progress or are not delayed by the event of delay, interference, disruption, or

660222.04 08/26 00200 - 4 / 7 hindrance; (iii) when at least seven (7) hours of available working time remain out of the working day; (iv) while materials are drying and it is possible for the Contractor to enclose the area and use drying devices;

(v) when an event of delay, interference, disruption, or hindrance occurs on a day other than a working day or other day when the Contractor had not originally planned to work; (vi) when an event of delay, interference, disruption, or hindrance occurs after the expiration of the Contract Time; (vii) to the extent the Contractor could have anticipated or alleviated the impact of the event of delay, interference, disruption, or hindrance through reasonable efforts; (viii) when events of concurrent delay overlap the claimed delay;

and/or (ix) when an extension of time is precluded by any provision of the Contract Documents.

11. QUALIFICATION OF BIDDERS. The apparent most qualified, responsible bidder must submit to Owner, upon request, either (i) a fully completed contractor’s statement of qualification or (ii) a written statement that the most recently submitted contractor’s statement of qualification is accurate, which statement of qualification must be considered in the award of the Contract. Failure to accurately complete the contractor’s statement of qualification or to timely submit the statement of qualification will, at Owner’s option, disqualify the bidder from consideration in the award of the Contract. The form of the Contractor’s statement of qualification is available from the Engineer. Owner may reject, at Owner’s sole discretion, a bidder’s statement of qualification if the bidder’s statement of qualification is not on the form provided.

Evidence of out-of-state incorporation to conduct business in the state in which the Work is to be performed, along with state contractor license number, must also be provided and is a consideration in the award of the Contract.

12. MODIFICATION AND WITHDRAWAL OF BIDS. Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered in the same manner as Bids were submitted at any time prior to the opening of Bids. If, within twenty-four (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 despite the exercise of ordinary care, that bidder may withdraw its Bid and the Bid Security will be returned.

13. INTENTIONALLY DELETED.

14. AWARD OF CONTRACT. Owner reserves the right to reject any or all Bids, including without limitation the right to reject any or all nonconforming, non-responsive, unbalanced or conditional Bids and to reject the Bid of any bidder if Owner believes that it would not be in the best interest of the Project to make award to that bidder, whether because the Bid is not responsive or the bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria of Owner. Owner also reserves the right to waive all informalities and defects in bidding, except time of submitting a Bid.

Discrepancies between the multiplication of units and unit prices in a Bid 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 if the correct sum is evident from the face of the Bid.

In evaluating Bids, Owner will consider, among other things, the qualifications of bidders, whether the Bids comply with the prescribed requirements, and such substitutions, alternates, unit prices and other data, as may be requested in the bid form or prior to the Bid opening. Alternate bid items will not be considered unless requested in the bid form.

Owner may consider the qualifications and experience of subcontractors, suppliers, and other persons and organizations proposed for the Work. Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work.

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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 and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents, to Owner’s satisfaction.

BY SUBMITTING A BID, EACH BIDDER AUTHORIZES OWNER TO PERFORM ALL

INVESTIGATIONS INTO THE BIDDER’S BACKGROUND, CAPABILITIES, PRIOR EXPERIENCE,

AND OTHER FACTORS PERTAINING TO BIDDER’S PERFORMANCE OF THE WORK AS

OWNER DEEMS NECESSARY IN ITS SOLE DISCRETION, AND FOR THAT PURPOSE,

SUBMISSION OF A BID ACTS AS BIDDER’S SPECIFIC AUTHORIZATION TO PERSONS AND

ENTITIES CONTACTED BY OWNER IN CONNECTION WITH SUCH INVESTIGATIONS TO

PROVIDE OWNER WITH THE INFORMATION REQUESTED BY OWNER AND TO DISCUSS AND

EXPRESS OPINIONS CONCERNING BIDDER. FURTHER, BY SUBMISSION OF A BID, BIDDER

AGREES TO FULLY AND FOREVER WAIVE AND RELEASE ANY CLAIM (KNOWN OR

UNKNOWN) IT HAS OR MAY HAVE AGAINST THE OWNER AND ENGINEER AND THEIR

RESPECTIVE ATTORNEYS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES, AND AGENTS

(“THE EVALUATING PARTIES”) ARISING OUT OF OR IN CONNECTION WITH THE: (1)

ADMINISTRATION, EVALUATION, OR RECOMMENDATION (OR LACK THEREOF) OF ANY

BID; (2) WAIVER OF ANY REQUIREMENTS UNDER THE BID DOCUMENTS OR THE

CONTRACT DOCUMENTS; AND (3) ACCEPTANCE OR REJECTION OF ANY BIDS AND AWARD

OF THE CONTRACT.

Owner reserves the right to award the Bid, at Owner’s discretion, based on the amount of the total base bid (without including “Extra Unit Price Items” or “alternate” bid items) or on the amount of the total amount bid (including “Extra Unit Price Items” or “alternate” bid items), or based on any other combination, means or method determined appropriate by Owner.

If the Contract is to be awarded, it will be awarded to the responsible bidder whose evaluation by Owner indicates that the award will be most advantageous to the Owner and result in the best and most economical completion of the Work.

If the Contract is to be awarded, Owner will give the successful bidder a notice of award within sixty

(60) days after the day of the Bid opening. All bidders must honor their Contract Price on the bid form, if the Contract is awarded within the timeframe provided herein. A Notice to Proceed will be issued within a reasonable period after the Contract Documents are fully executed.

Within seven (7) calendar days of receipt from the Owner after notice of award, the successful bidder must submit to the Engineer the payment and performance bonds and all information or other items necessary to complete the Contract Documents, including the required insurance, anticipated construction schedule, and Contractor’s safety program. See SAFETY under Section 5.20 of the General Conditions of the Contract.

The successful bidder must return the fully executed Contract Documents to Engineer within seven (7) calendar days of receipt, or Owner may at its sole discretion disqualify the Bid and accept another Bid and the bidder must, at Owner’s option, forfeit its Bid Security.

15. TAXES, LICENSES AND FEES. Certain taxes, licenses, fees, and other similar items are part of the cost of the Work, and it is bidder’s responsibility to familiarize itself with these costs and to observe and comply with the Laws and Regulations relating to same. The prices, sums, rates, and other charges set forth in the bidder’s Bid must cover and include all such costs. If this Contract is for construction of a water or wastewater system, certain tax exemptions under Tax Code 151.355 may apply. If the improvements under this Contract will be owned by a governmental entity that is not the District, Tax Code 151.309 may apply. Contractor, and all subcontractors to Contractor (i) must not include any provision for Texas sales and use taxes with respect to such exempt items in any Bid or the Contract Price, and (ii) must pass on to

660222.04 08/26 00200 - 6 / 7 the Owner cost savings due to any exempt status of such exempt items. Contractor’s contracts with all subcontractors to Contractor must include the foregoing provisions. Contractor must pay taxes on items that are not exempt.

16. NUMBER OF SIGNED SETS OF DOCUMENTS. The Contract Documents will be prepared in at least four (4) original sets for signature, one (1) for delivery to the successful bidder. Owner will furnish the successful bidder up to six (6) sets of Plans free of charge, and additional sets may be obtained from Engineer at Engineer’s reproduction rates.

17. ELECTRONIC COUNTERPARTS; FORM OF BONDS TO BE PROVIDED TO OWNER.

The Contract Documents may be executed and delivered in any number of counterparts, each of which so executed and delivered will be deemed to be an original and all of which will constitute one and the same instrument.

18. INSURANCE. See section entitled “INSURANCE REQUIREMENTS” attached to and incorporated into the General Conditions of the Contract as Attachment A to the General Conditions of the Contract.

19. SOILS REPORT. If a soils investigation has been made for this Project, the soils report and log of borings is available for bidder’s information only. The report is not a warranty of subsurface conditions, nor is it a part of the Contract Documents. Bidders are expected to examine the Site and such reports and then decide for themselves the soils or conditions that may be encountered.

Owner and Engineer disclaim any responsibility for the accuracy, true location and extent of the surface and subsurface investigations that have been prepared by others. Owner and Engineer further disclaim responsibility for interpretation of that data by bidder, e.g., projecting soil-bearing values, rock profiles, soil stability and the presence, level and extent of underground water or other underground facilities or utilities.

20. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE.

(A) General: The public improvements being constructed under this Contract will be owned, operated, and maintained by a governmental entity. Since the public improvements being constructed under this Contract will be owned by a governmental entity, Chapter 2258 of the Texas Government Code applies to this Contract. Chapter 2258 of the Texas Government Code provides that any political subdivision of the State of Texas shall determine the general prevailing wage rate received by the classes of workers employed on projects similar to this Project and shall specify in the call for bids and in the Contract Documents the minimum wage rates which must be paid for each type of worker. This statute further provides that the Contractor or subcontractors must pay, as penalty to Owner, Sixty Dollars ($60.00) for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the Contract. Owner is authorized to withhold from the Contractor the amount of this penalty from any payment due under the Contract Documents.

The statute likewise requires that the Contractor and subcontractors keep an accurate record of the names and occupations of all persons employed by them on the construction of the Project and to show the actual per diem wages paid to each worker. These records are open to the inspection of Owner.

(B) The minimum wage rates that apply to this Contract are specified in Attachment B to the

General Conditions of the Contract. Contractor and subcontractors must review and ascertain such wage rates and pay at least such minimum rates.

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21. LIQUIDATED DAMAGES. The Contractor and the Owner agree that with regard to all dates, time periods, and deadlines set forth or referred to in this Contract, time is of the essence. The Contractor and the Owner agree that a breach of this Contract by failure to complete the Work in the specified time will cause harm to the Owner, and further agree that the harm the Owner would sustain and the actual measure of damages the Owner would incur from the breach is incapable or very difficult of ascertainment.

Therefore, the Contractor and the Owner agree that for each and every calendar day the Work or any portion thereof shall remain uncompleted after the expiration of the time limit(s) set in the Contract, or as extended under the terms of the Contract (including, without limitation, due to a delay caused by Contractor’s failure to comply with the Contract Documents or due to Owner’s termination of Contractor for default under the Contract Documents), Contractor shall be liable to Owner for liquidated damages in the amount of $750 for each such calendar day, which sum the parties agree is a reasonable forecast of just compensation for the damages the Owner will sustain per day that the Work remains uncompleted. The Owner shall have the option to deduct and withhold said amount from any monies that the Owner owes the Contractor or its sureties or to recover such amount from the Contractor or the sureties on the Contractor’s Bond.

SECTION 00410

BID FORM

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WATER, SANITARY SEWER, STORM SEWER AND PAVING TO SERVE BROOKWATER SECTION 1B

660222.04

ARTICLE 1—OWNER AND BIDDER

1.01 This Bid is submitted to:

BINNACLE TEXAS CITY 51, LLC

FOR THE BENEFIT OF GALVESTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 79

c/o A&S Engineers, Inc.

10377 Stella Link Road Houston, TX 77025

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

ARTICLE 2—ATTACHMENTS TO THIS BID

2.01 The following documents are submitted with and made a condition of this Bid:

A. Required Bid Security.

ARTICLE 3—BASIS OF BID

3.01 Unit Price Bids

A. Bidder will perform the following Work at the indicated unit prices:

SANITARY SEWER BID ITEMS

Item

No. Description Unit

Estimated

Quantity

Bid Unit

Price Bid Amount

1. Furnish and Install 8-Inch ASTM D3034 SDR 26 PVC Pipe, with bedding and backfill as shown in the plans, 0 to 8 feet depth, Complete in Place.

LF 843

2. Furnish and Install 8-Inch ASTM D3034 SDR 26 PVC Pipe, with bedding and backfill as shown in the plans, 8 to 12 feet depth, Complete in Place.

LF 484

3. Short Side Dbl OR Single 6-Inch PVC Pipe Service Leads, per Texas City Detail, including Riser, Wye, and all appurtenances, Complete in Place.

EA 10

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4. Furnish and Install Standard 4-foot Diameter Sanitary Sewer Manhole per Texas City Detail, including Composite Manhole Cover, Coatings (min 40mil Raven Liner), and all appurtenances, 0 to 8 feet depth, Complete in Place.

EA 9

5. Furnish and Install Extra Depth for (Over 8’) Standard City of Texas City 4-Foot Diameter Sanitary Sewer Manhole, including Additional Costs for Coating, Complete in Place.

VF 2.07

6. Televised Inspection of Sanitary Sewer Lines, including all footage to be provided for review at completion of Stage I Utilities, Complete in Place.

LF 1,327

7. Furnish & Install Well-Point Dewatering to Facilitate Construction of Sanitary Sewer, Complete in Place. (Only as Authorized by Engineer) Minimum Bid: $30.00/LF

LF 500

8. Furnish & Install Special Bedding for Wet Sand Construction, Complete in Place. (Only as Authorized by Engineer) Minimum Bid: $30.00/LF

LF 500

9. Furnish and Install Trench Safety for Sanitary Sewer Construction, Complete in Place.

LF 1,327

Total of All Sanitary Sewer Bid Items (1-9) $

STORM SEWER BID ITEMS

Item

No. Description Unit

Estimated

Quantity

Bid Unit

Price Bid Amount

10. Furnish and Install 24-Inch RCP, C- 76 Class III Storm Sewer with bedding and backfill as shown in the plans, Complete in Place.

LF 752

11. Furnish and Install 30-Inch RCP, C- 76 Class III Storm Sewer with bedding and backfill as shown in the plans, Complete in Place.

LF 105

12. Furnish and Install 36-Inch RCP, C- 76 Class III Storm Sewer with bedding and backfill as shown in the plans, Complete in Place.

LF 250

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13. Furnish and Install 42-Inch RCP, C- 76 Class III Storm Sewer with bedding and backfill as shown in the plans, Complete in Place.

LF 193

14. Stage I Type "H-2" Inlet, All Depths, Complete in Place.

EA 14

15. Stage II Type "H-2" Inlet, All Depths, Complete in Place.

EA 14

16. Type "C" Manhole for 42-Inch Storm Sewer & Smaller, All Depths, Complete in Place.

EA 10

17. Extreme Event Swale, per Grading Plan, (As Authorized by Engineer), Complete in Place.

LS 1

18. Regrading of Drainage Ditch, per Grading Plan, (As Authorized by Engineer, Complete in Place.

LF 200

19. Drainage Swales to Promote Positive Drainage behind Section 1A Block 2 & Reserve A, Lots 1-7, per Grading Plan, (As Authorized by Engineer), Complete in Place.

LF 550

20. Hauling, Placing, and Compacting of Excavated Utility Spoils, per Grading Plan, Max 8” Lifts to 95% Standard Proctor Density Including Striping, Complete in Place.

CY 1,936

21. Cleaning and Televising Inspection of Storm Sewer Lines, Complete in Place.

LF 1,300

22. Furnish and Install Trench Safety for Storm Sewer Construction, Complete in Place.

LF 1,300

Total of All Storm Sewer Bid Items (10-22) $

WATER BID ITEMS

No. Description Unit

Estimated

Quantity

Bid Unit

Price Bid Amount

23. Furnish and Install 8- Inch AWWA C-900 PVC Pipe, with standard bedding and backfill, including appurtenances, all depths, Complete in Place.

LF 1,164

24. Furnish and Install 8- Inch AWWA Gate Valve with Box, Complete in

EA 6

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25. Furnish and Install Fire Hydrant Assembly Including Tee and 6" Gate Valve & Box, 6" Lead and Fire Hydrant, All Depths, Complete in Place.

EA 2

26. Furnish and Install 8- Inch Plug and Clamp with 2" Blow Off, Complete in Place.

EA 1

27. Long Side Dbl OR Single Service Lead Including Wye and All Other Appurtenances, Excluding Meter, and Meter Box, per Texas City Residential Service Connection Detail, Complete in Place.

EA 10

28. Short Side Dbl OR Single Service Lead Including Wye and All Other Appurtenances, Excluding Meter and Meter Box, per Texas City Residential Service Connection Detail, Complete in Place.

EA 1

29. Furnish and Install DFW Single Plastics Pre-Plumbed Meter Box Series C, Complete in Place.

EA 3

30. Furnish and Install DFW Double Plastics Pre-Plumbed Meter Box Series C, Complete in Place.

EA 8

31. Furnish and Install Ductile Iron Waterline Fittings. Weight is for Body Casting Only. Price for all Hardware and Appurtenances Shall be Incidental to the Bid Item, Complete in Place.

TON 0.6

32. Furnish and Install Trench Safety for Water Line Construction, Complete in Place.

LF 1,164

Total of All Water Bid Items (23-32) $

PAVING BID ITEMS

No. Description Unit

Estimated

Quantity

Bid Unit

Price Bid Amount

33. Site Preparation; Including Site Stripping, Preparation of Grading, and Replacement of Strippings, Complete in Place.

AC 7.2

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34. Roadway Excavation, (Any Discrepancies in this Quantity Shall be Brought to the Attention of the Engineer. Discrepancies are to be Verified by the Engineer and the Contractor’s RPLS. Any Quantity Adjustments (if Necessary) must be agreed upon a minimum of 7 Days Prior to mobilization), Complete in Place.

CY 4,022

35. Hauling, Placing and Compacting of Excavation Material in Max 8” Lifts to 95% Standard Proctor Density and Replacement of Strippings in Accordance with Grading Plan, (Any Discrepancies in this Quantity Shall be Brought to the Attention of the Engineer. Discrepancies are to be Verified by the Engineer and the Contractor’s RPLS. Any Quantity Adjustments (if Necessary) must be agreed upon a minimum of 7 Days Prior to mobilization), Complete in Place.

CY 4,022

36. 6" Lime Stabilized Subgrade (8% by Dry Unit Weight), Complete in Place.

SY 6,732

37. Lime for Subgrade Stabilization (Approximately 36 lbs/SY) (7% by Dry Unit Weight), Complete in Place.

TON 122

38. Furnish and Install 6-Inch Reinforced Concrete Pavement, Complete in Place.

SY 4,553

39. Furnish and Install 7-Inch Reinforced Concrete Pavement, Complete in Place.

SY 1,418

40. 4" x 12” Concrete Curb, Complete in Place.

LF 1,310

41. 6 - Inch Concrete Curb, Complete in Place.

LF 1,766

42. Transition from 6” to 4” x 12” Concrete Curb, Complete in Place.

LF 20

43. Furnish and Install Load Transfer Device, Complete in Place.

EA 1

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44. Permanent Traffic Control Devices, including Traffic Buttons, Street Signs, Traffic Signs, Pavement Striping, per Texas City Standards, Complete in Place.

LS 1

45. Construct Standard Type III Barricade, Complete in Place.

EA 1

46. Standard Paving Header at Beginning of All Pavement, Complete in Place.

LF 30

47. Final Grading of All Lots and Reserves, Proof Rolled.

LS 1

48. City of Texas City, Type 9, Wheelchair Ramps, Complete in Place.

EA 4

49. Additional Swales, As Necessary, to Promote Positive Drainage, (As Authorized by Engineer), Complete in Place.

LF 100

Total of All Paving Bid Items (33-49) $

EROSION CONTROL BID ITEMS

No. Description Unit

Estimated

Quantity

Bid Unit

Price Bid Amount

50. Coordination with SWPPP Contractor for Maintenance of SWPPP to Texas City and TCEQ requirements throughout project, including General Source Controls, NOI, Reports and All Other Items Not Specifically Listed Above, Complete in Place.

LS 1

Total of All Erosion Control Bid Items (50) $

SUPPLEMENTAL BID ITEMS (AS AUTHORIZED BY ENGINEER)

No. Description Unit

Estimated

Quantity

Bid Unit

Price Bid Amount

51. Extra Cement Stabilized Sand, Complete in Place (Only as Authorized by Engineer).

CY 50

52. Extra Bank Sand, Complete in Place (Only as Authorized by Engineer).

CY 50

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53. Contractor to Clean and Remove Approximately 3" of Sediment from Storm Sewer Prior to Texas City Acceptance Inspection (As Directed by Engineer).

LF 1,300

Total of All Supplemental Bid Items (51-53) $

MISCELLANEOUS BID ITEMS

No. Description Unit

Estimated

Quantity

Bid Unit

Price Bid Amount

54. Furnish and Install 6-Inch PVC Irrigation Sleeves, Complete in Place.

LF 140

Total of All Miscellaneous Bid Items (54) $

B. Bidder acknowledges that:

1. each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor’s overhead and profit for each separately identified item,

2. estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Work will be based on actual quantities, determined as provided in the Contract Documents, and

3. The Paving Bid may be separated from the WS&D at Owner’s discretion.

3.02 Total Bid Price

Total Bid Price (Total of all Unit Price Bids) (Items 1-54) $

3.03 Alternate Bid Items

A. Alternate Bid Items are to be performed only with written authorization from Engineer.

ALTERNATE BID ITEMS (AS AUTHORIZED BY ENGINEER)

Item

No. Description Unit

Estimated

Quantity

Bid Unit

Price Bid Amount

A1. Utility Spoils to be Hauled, Trucked, and Legally Disposed Offsite, Complete in Place.

CY 1,936

A2. Hauling, Placing, and Compacting of Excess Utility Spoil Material on Future Section 2 Site, (Only As Authorized by Engineer), Complete in Place.

CY 1,936

A3. Excavation of Right-of-Way to be Hauled, Trucked, and Legally Disposed of Offsite, Complete in

CY 4,022

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ARTICLE 4—TIME OF COMPLETION

4.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with the Contract Documents on or before the dates or within the number of…