Seguin Geronimo Creek Pipeline Project #AF-2025-14 SPECS.pdf

PROPOSAL * SPECIFICATIONS * CONTRACT * BOND FORMS

SEGUIN, TEXAS

GERONIMO CREEK PIPELINE PROJECT

(30” TRANSFER FORCE MAINS, FIBER OPTIC CONDUIT, 14” FORCE MAIN)

BID NO. AF-2025-14

SEGUIN CITY COUNCIL

Donna Dodgen – Mayor

Monica Carter – Mayor Pro Tem

Joe Rea David Eveld

Jim Lievens John Carlsson

Paul Gaytan Jason Biesenbach

Bill Keller

Steve Parker, City Manager

Rick Cortes, Deputy City Manager

Tim Howe, Director of Utilities

Terri Lynn Ruckstuhl, PE, Senior Utilities Engineer

TRC ENGINEERS, INC.

505 EAST HUNTLAND DR., SUITE 250

AUSTIN, TEXAS 78752

T.B.P.E. FIRM REGISTRATION # F-8632

MAY 2025

TRC PROJECT NO. 366992

BID SET

City of Seguin Geronimo Creek Pipeline Project

Bid No. AF-2025-14

SPECIFICATION CERTIFICATIONS

CERTIFICATIONS 1

Division 00 (All Sections) Division 01 (All Sections) Division 02 (All Sections) Division 03 (All Sections) Division 08 (All Sections) Division 09 (All Sections) Division 31 (Sections Below)

Section 31 00 00 Section 31 10 00 Section 31 32 19 Section 31 37 00 Section 31 41 35 Section 31 50 00 Section 31 70 00

Division 32 (All Sections) Division 33 (All Sections) Division 40 (All Sections)

Division 26 (All Sections)

Bid No. AF-2025-14

SPECIFICATION CERTIFICATIONS

CERTIFICATIONS 2

Division 31 (Sections Below)

Section 31 70 05 Section 31 71 19 Section 31 71 21 Section 31 71 25 Section 31 71 30 Section 31 75 00 Section 31 75 20

HVJ South Central Texas - M&J, Inc TBPE Firm #18091

Jason Schwarz, PE May 1st, 2025

JSchwarz JS Signe and Seal

CITY OF SEGUIN

TABLE OF CONTENTS

SECTION TITLE SECTION NUMBER

TABLE OF CONTENTS i

Division 0 - Procurement and Contract Requirements

Request for Bids ...................................................................................................................00 11 00

General Conditions of Bidding ............................................................................................00 20 00

Bid Form ..............................................................................................................................00 41 00

Conflict of Interest Questionnaire (FORM CIQ) .................................................................00 43 10

General Conditions of Agreement (Attached Agreement, Bid Bond, Performance and Payment

Bonds)

General Terms and Conditions ............................................................................................00 72 00

Special Instructions ..............................................................................................................00 75 00

Prevailing Wage Scale .........................................................................................................00 80 00

Division 1 - General Requirements

Work Sequence ....................................................................................................................01 12 16

Warranties and Bonds ..........................................................................................................01 12 25

Commissioning ....................................................................................................................01 19 00

Price and Payment Procedures .............................................................................................01 29 00

Progress Schedules and Meetings ........................................................................................01 31 19

Construction Photographs ....................................................................................................01 32 33

Submittal Procedures ...........................................................................................................01 33 00

Quality Assurance Quality Control ......................................................................................01 43 00

Manufacturer’s Field Services .............................................................................................01 43 33

Temporary Facilities and Controls.......................................................................................01 50 00

Environmental Protection Measures ....................................................................................01 57 19

Stormwater Pollution Prevention Plan .................................................................................01 57 23

Materials and Equipment .....................................................................................................01 61 00

Construction Surveying (Sewer) ..........................................................................................01 72 25

Closeout Procedures.............................................................................................................01 77 00

Operation and Maintenance Data.........................................................................................01 78 23

Demonstration and Training ................................................................................................01 79 00

Division 2 - Existing Conditions

Geotechnical Data ................................................................................................................02 06 10

Structure Demolition ............................................................................................................02 41 16

Division 3 - Concrete

Cast-In-Place Concrete ........................................................................................................03 30 00

Non-Shrink Grout ................................................................................................................03 60 00

(Continued)

TABLE OF CONTENTS ii

Division 4 – Masonry (Not Used)

Division 5 – Metals (Not Used)

Division 6 – Wood, Plastics and Composites (Not Used)

Division 7 – Thermal and Moisture Protection (Not Used)

Division 8 – Doors and Windows

Access Hatches ....................................................................................................................08 31 30

Division 9 – Finishes

Protective Coatings ..............................................................................................................09 96 00

Internal Structure Coatings ..................................................................................................09 96 70

Division 10 – Specialties (Not Used)

Division 11 – Equipment (Not Used)

Division 12 – Furnishings (Not Used)

Division 13 – Special Construction (Not Used)

Division 14 – Conveying Systems (Not Used)

Division 21 - Fire Suppression (Not Used)

Division 22 – Plumbing (Not Used)

Division 23 - Heating, Ventilating and Air Conditioning (HVAC) (Not Used)

Division 25 - Integrated Automation (Not Used)

Division 26 - Electrical

Electrical General Requirements .........................................................................................26 01 50

Raceways and Boxes............................................................................................................26 05 33

Division 27 - Communications (Not Used)

Division 28 - Electronic Safety and Security (Not Used)

Division 31 - Earthwork

Earthwork .............................................................................................................................31 00 00

Site Clearing.........................................................................................................................31 10 00

Care of Water .......................................................................................................................31 23 19

Turf Reinforcement Mat (TRM) ..........................................................................................31 32 19

Rock Rip Rap Construction .................................................................................................31 37 00

Shoring Sheeting and Bracing .............................................................................................31 41 35

TABLE OF CONTENTS iii

Excavation Support and Protection ......................................................................................31 50 00

Tunneling, Boring, and Jacking ...........................................................................................31 70 00

Tunneling and Trenchless Definitions .................................................................................31 70 05

Tunnel Excavation by Tunnel Boring Machine ...................................................................31 71 19

Tunnel Excavation by Microtunnel Boring Machine ..........................................................31 71 21

Installation of Carrier Pipe in Tunnel ..................................................................................31 71 25

Construction Power and Interim Electrical Systems ...........................................................31 74 30

Interim Tunnel Mechanical Systems ...................................................................................31 74 40

Access Shafts .......................................................................................................................31 75 00

Groundwater Control for Shafts and Tunnels ......................................................................31 75 20

Division 32 - Exterior Improvements

Flexible Base ........................................................................................................................32 12 00

Hot Mix Asphaltic Paving ...................................................................................................32 12 16

Seeding and Soil Supplements .............................................................................................32 91 13

Division 33 - Utilities

Testing of Pipelines..............................................................................................................33 01 12

Piping Specialties .................................................................................................................33 05 09

Ductile Iron Pipe and Fittings ..............................................................................................33 05 19

Flexible Joints/Couplings.....................................................................................................33 05 21

Plastic Pipe and Fittings .......................................................................................................33 05 31

High Density Polyethylene Pipe & Fittings .........................................................................33 05 33

Precast Concrete Boxes and Vaults .....................................................................................33 05 64

Sanitary Sewage Systems ....................................................................................................33 31 00

Bypass Pumping...................................................................................................................33 32 10

Division 34 - Transportation (Not Used)

Division 35 - Waterway and Marine Construction (Not Used)

Division 40 - Process Interconnections

Plug Valves ..........................................................................................................................40 05 62

Air Release/Vacuum Valves ................................................................................................40 05 79

Miscellaneous Valves ..........................................................................................................40 05 85

TABLE OF CONTENTS iv

Division 41 - Material Processing and Handling Equipment (Not Used)

Division 42 - Process Heating, Cooling, and Drying Equipment (Not Used)

Division 43 - Process Gas and Liquid Handling, Purification, and Storage Equipment (Not

Used)

Division 44 - Pollution and Waste Control Equipment (Not Used)

Division 45 - Industry-Specific Manufacturing Equipment (Not Used)

Division 46 - Water and Wastewater Equipment (Not Used)

Division 48 - Electrical Power Generation (Not Used)

APPENDIX

Appendix A – HVJ Geotechnical Report (River Bores)

Appendix B – TRC Geotechnical Report

REQUEST FOR BIDS 00 11 00 - 1

SECTION 00 11 00

REQUEST FOR BIDS

OWNER: City of Seguin, Texas

PROJECT: Geronimo Creek Pipeline Project

DATE: August 5, 2025

I. BACKGROUND

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

Government Code, the City of Seguin (the “City”) solicits bids from qualified firms interested in providing construction services in connection with the construction of the Geronimo Creek Pipeline

Project (the “Project”). The City will award the contract for the Project based on “competitive bidding” method to the responsible bidder as that term and its selection criteria are defined in section 2269.101 of the Texas Government Code.

The Project has been designed by TRC Engineers, Inc. The Project is anticipated to include some or all of the following items within its scope: installation of approximately 19,000 linear feet of 30” double-barrel HDPE force main (38,000 linear feet total pipe length), approximately 6,620 linear feet of

10” and 14” HDPE Force Main, and approximately 19,250 linear feet of 4” PVC conduit (38,500 linear feet total pipe length) for fiber optic installation (by others); and all other appurtenances necessary for the complete Project.

Responses are solicited for this service in accordance with the terms, conditions, and instructions set forth in the Request for Bids’ (RFB) guidelines.

The City of Seguin will receive responses to this RFB at the office of the City Secretary until 3:00 p.m. on August 5, 2025. Receipt of response does not bind City of Seguin to any contract for said services, nor does it give any guarantee that a contract for the Project will be awarded.

II. CONSTRUCTION SERVICES

A. PURPOSES OF RFB

The City of Seguin invites the submittal of responses to this “RFB” from qualified firm(s) interested in providing construction services in accordance with Chapter 2269 of the Texas Government

Code and Chapter 252 of the Local Government Code in connection with the construction of the

Geronimo Creek Pipeline Project that will incorporate : installation of approximately 19,000 linear feet of

30” double-barrel HDPE force main (38,000 linear feet total pipe length), approximately 6,620 linear feet of 10” and 14” HDPE Force Main, and approximately 19,250 linear feet of 4” PVC conduit (38,500 linear feet total pipe length) for fiber optic installation (by others); and all other appurtenances necessary for the complete Project.

B. LOCATION

The project site for the 30” double-barrel force main and fiber optic conduit will extend from East

Starcke park to the Geronimo Creek Wastewater Treatment Plant. The project site for the 10” and 14” force main will extend from Nolte Farms Subdivision to the Geronimo Creek Wastewater Treatment

Plant.

REQUEST FOR BIDS 00 11 00 - 2

C. PROJECT DURATION

The City of Seguin has established a target commencement date for construction activities as

September 23, 2025. The projected substantial completion date is estimated to be March 17, 2027. The

City of Seguin reserves the right to phase the construction of the Project or modify the schedule as needed and determined by the City due to modifications in scope.

III. OBJECTIVES

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

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

IV. SCOPE OF WORK

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

The selected Respondent will be the general contractor for the Project, which is the construction of the Geronimo Creek Pipeline Project. The City anticipates the following items will be included in the scope of the Project: installation of approximately 19,000 linear feet of 30” double-barrel HDPE force main (38,00 linear feet total pipe length), approximately 6,620 linear feet of 10” and 14” HDPE Force

Main, and approximately 19,250 linear feet of 4” PVC conduit (38,500 linear feet total pipe length) for fiber optic installation (by others); and all other appurtenances necessary for the complete Project. The

Project will be designed and constructed so as to meet all applicable federal, state, and local accessibility standards.

The selected Offeror will be also responsible for: obtaining all applicable permits and inspections;

providing all necessary performance and payment bonds and insurance certificates; and providing the

Owner with all manufacturers’ warranties and all operations and maintenance (O & M) manuals for all equipment installed.

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

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

Approximately 19,000 LF of 30” HDPE buried double-barrel force main (38,000 LF total pipe length), to include isolation plug valves and air release valves.

Approximately 735 LF of microtunneling for two (2) river crossings for 48” steel casing pipe with 30” HDPE carrier force main (1,470 LF total pipe length).

Approximately 19,250 LF of double barrel 4” PVC conduit for fiber installation (by others)

(38,500 LF total pipe length), to include pull boxes.

Approximately 735 LF of microtunneling for two (2) river crossings for 24” steel casing pipe with two (2) 4” PVC conduits (1,470 LF total conduit length).

REQUEST FOR BIDS 00 11 00 - 3

Approximately 330 LF of jack-and-bore for two (2) TxDOT crossings for 48” steel casing pipe with 30” HDPE carrier force main (660 LF total pipe length).

Approximately 330 LF of jack-and-bore for two (2) TxDOT crossings for 24” steel casing pipe with two (2) 4” PVC conduits (660 LF total conduit length).

Approximately 6,620 LF of 10” and 14” HDPE force main, to include isolation plug valves and air release valves.

Approximately 300 linear feet of jack-and-bore for one (1) TxDOT crossing and the

Geronimo Creek Crossing for 30” steel casing pipe with 14” HDPE carrier force main.

Miscellaneous appurtenances necessary for the complete Project.

V. SELECTION PROCESS

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

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

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

VI. EVALUATION CRITERIA

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

A. Price;

B. Offeror’s experience and reputation;

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

D. Impact on the ability of the governmental entity to comply with rules relating to historically underutilized businesses;

E. Offeror’s safety record;

F. Offeror’s proposed personnel; and

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

VII. ADDITIONAL INSTRUCTIONS, NOTIFICATIONS, AND INFORMATION

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

REQUEST FOR BIDS 00 11 00 - 4

B. Inquiries – Do not contact Owner during the selection process to make inquiries about the progress of this selection process. Such contact may result in disqualification. Respondents will be contacted when it is appropriate to do so.

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

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

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

(4) accept any submittal or portion of submittal; (5) reject any or all Respondents submitting responses, should it be deemed in Owner’s best interest, or (6) cancel the entire process.

F. Bid Bond – Each Bid must be accompanied by a certified or cashier’s check, or an approved Bidder’s bond in an amount not less than 5% of the maximum total bid, payable to the City of

Seguin, Texas without recourse, as a guarantee that the Bidder will enter into a contract and execute performance and payment bonds on the forms provided, within ten (10) days after the award of contract.

VIII. PLANS AND SPECIFICATIONS

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

Please submit questions for this project seven (7) days prior to bid opening through www.civcastusa.com in the Q&A portal. It is the sole responsibility of all planholders, whether they have received digital downloads or paper copies of the plans and specifications, to periodically to check for

Addenda which may have been posted on www.civcastusa.com. When printing it is the responsibility of the Contractor bidding to proper scaling, paper width and length, etc. Failure to do so may result in error in the Unit Bid Quantities and/or Bid Amounts.

A non-mandatory pre-bid conference will be held Tuesday, July 15, 2025 at 10:00 a.m. at the

City’s Utilities Operation Center, 3027 N. Austin Street, Seguin, Texas 78155.

IX. SUBMITTAL INSTRUCTIONS

Sealed submittals are required. Submittals shall be delivered to the City Secretary at the address set forth below by 3:00 p.m. local time, August 5, 2025. All submittals must be labeled on the outside with the Respondent’s name and the name of the Project. Late submittals will not be considered.

One (1) hard copy of the responses are to be addressed to:

c/o City Secretary

205 N. River Street

Seguin, Texas 78155

REQUEST FOR BIDS 00 11 00 - 5

Bids shall be submitted in a sealed envelope (8-1/2” x 11” minimum). All submittals must be labeled on the outside with the Respondent’s name and clearly marked as follows:

SEALED BIDS

Bid No. AF-2025-14

To be received at 3:00 P.M., Tuesday, August 5, 2025

END OF SECTION

THIS PAGE LEFT BLANK INTENTIONALLY

00 20 00 - 1 Revised November 19, 2024

SECTION 00 20 00

GENERAL CONDITIONS OF BIDDING

These general conditions apply to any procurement of products or services by the City of Seguin. Failure to comply with these General Conditions of Bidding may result in the bid being disqualified.

1. DEFINITION OF TERMS

A. “Bid documents” mean the entire packet of documents provided to bidders, including, but not limited to the General Conditions of Bidding, General Conditions of Agreement, General and/or

Technical Specifications, Special and Supplementary Conditions, Information to Bidders, Bid

Form(s) and any Addendum.

B. “Bidder” means a person or firm submitting a bid, proposal, or quote to provide equipment, material, and/or services necessary in the performance of these specifications, and competing for award of a contract.

C. “Bid” or “Proposal” means an offer to perform or provide the requirements specified herein.

“Furnish” or “provide” means to supply, equip, and deliver the specified equipment, material and/or services to the Purchaser.

D. “Formal Bid” is a formally advertised solicitation for acquiring goods, services, and construction that requires a public opening of sealed bids or proposals, generally $50,000 or more.

E. “Informal Bid” is a competitive bid or price quotation for supplies or services under $50,000 that is conveyed by letter, telephone, or other means and does not require a sealed bid, public opening, or public reading of bids.

F. “City”, “Purchaser”, or” Owner” shall refer to the City of Seguin, PO Box 591, Seguin, Texas

78156-0591.

G. “Contract” means the contract awarded pursuant to this solicitation.

H. “Contractor” or “Vendor” means the bidder to which a contract award has been made by the

City.

I. “Purchase Order” means the document issued by the City that creates a legal binding contract between the City and the Contractor and authorizes the Contractor to ship goods pursuant to the contract.

2. SUBMISSION OF BIDS

A. All bids must be on blank forms furnished by the Purchasing Department and must be written in ink or typed. Pencil quotations will not be considered. Proposals must be submitted on the forms or in the format called for in specifications. Each must be executed personally by the bidder, or if executed by an agent, a power of attorney or other evidence of his authority to act on behalf of the bidder must accompany the bid. If the bidder is a corporation, the certificate of corporate bidder must be executed under the corporate seal by some duly authorized officer of the corporation other than the officers signing the bid. By execution of the bid, the bidder accepts all general and special conditions of the contract and the specifications.

00 20 00 - 2 Revised November 19, 2024

B. Formal sealed bids and proposals must be received at the date, time, and place specified in the bid document packaged in a sealed envelope (8 1/2” x 11” minimum) clearly marked with the bid or project name, bid number, and date/time of opening, unless otherwise specified. An early postmark will not suffice. Bids and proposals will be publicly opened and read followed by evaluation and award at a later date. Formal bids and proposals ($50,000 or higher) may NOT be faxed or submitted via e-mail.

C. Informal bids are due at the date, time, and place stated in the bid document. Informal bids

(less than $50,000) may be faxed or submitted via e-mail.

D. Each Bidder agrees that its price will remain firm and subject to acceptance by the City for a period of sixty (60) calendar days from the bid opening date. The prices quoted in the bid shall not be subject to escalation except where otherwise clearly indicated by the Bidder or by the City in bid documents. The basis for the escalation shall be clearly indicated in either case.

E. All information required by the bid documents will be furnished. The bidder will print or type its name, in ink, and manually sign the bid sheet. The bid sheet, with original signatures, must be submitted.

F. All prices shall be quoted as required in the specifications. Unit prices will be shown when called for on the bid sheet, and where there is a conflict between the unit price show and the total price shown, the unit price will govern.

G. No change in price will be considered after bids have been opened. The City reserves the right to negotiate prices as submitted by proposal as allowed by state statute.

H. In case of ambiguity or lack of clarity in stating prices in the bid, Purchaser reserves the right to adopt the price written in words or reject the bid. Any ambiguity in the bid as a result of omission, error, unintelligible or illegible wording shall be construed in the favor of the City.

I. If this bid is altered, any erasure or alteration of figures on the item on which the erasure or alteration is made must be initialed by signee of this bid.

J. The City reserves the right to extend the bid closing time and date. Notification will be made by addendum.

K. The City reserves the right to increase or decrease the quantity specified, unless the bidder specified otherwise.

3. WITHDRAWAL OF BIDS

A. A Bidder may withdraw a bid before Council acceptance of the bid without prejudice to himself by a written request addressed to the Purchasing Manager.

B. When the mistake was a result of a bidder’s negligence, and City has no knowledge of the mistake when bids were opened, and awarded a contract based on the bid, bidder will not be released and shall be bound by the bid.

C. If a is not discoverable and verifiable by the City, bidder’s incorrect interpretation of

Engineering specifications set forth in a construction contract will not release him from his

00 20 00 - 3 Revised November 19, 2024 obligations, once a contract has been awarded by City Council and bidder has received notice of such award.

4. GENERAL CONDITIONS

Bidders will submit their bids or proposals upon the following express conditions:

A. Bidders shall thoroughly examine all drawings, specifications, plans, schedules, instructions, and all other contract documents pertaining to this bid.

B. Bidders shall make all investigations necessary to thoroughly inform themselves regarding plant and facilities for delivery of materials or equipment as required by the bid conditions. No plea of ignorance by the Bidder of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the Bidder to make the necessary examinations and investigations will be accepted as a basis for varying the requirements of the City or the compensation to the vendor.

C. If any bidder is in doubt as to the true meaning of the specifications, other bid documents, or any part thereof, they may submit a written request for clarification to the Purchasing Manager. A request for clarification should be submitted by the deadline, if any, indicated in the specifications.

D. All materials, equipment, supplies which are new, non-standard to the City of Seguin, and/or items which are to be listed as an alternate or exception must be pre-approved PRIOR to placing them on a bid proposal. In order to fairly evaluate all bids, sufficient time requirements for possible field testing or demonstrations should be allowed.

E. Bidders are advised that City contracts are subject to all legal requirements under Local, State and Federal statutes, ordinances, and regulations. Any bid, after being opened, becomes subject to the Public Information Act, Government Code Chapter 552; therefore bidders must clearly indicate any portion of the submitted bid that the bidder claims is not subject to public inspection under the

Public Information Act.

F. No officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, or shall benefit financially, directly or indirectly, in the sale to the City of any materials, supplies or services, except on behalf of the City as an officer or employee.

G. The City of Seguin is committed to maintaining fair and open competition as required by local, state, and federal laws and statutes. Every effort is made to maintain the highest level of ethical conduct in every aspect of the procurement process. Sharp business practices or high-pressure tactics will not be tolerated. Qualification and selection of vendors is based on those vendors who share the same high standards of ethical conduct.

5. DESCRIPTION OF GOODS

A. Any catalog or manufacturer’s reference in this bid is merely descriptive, and not restrictive, unless otherwise noted, and is used only to indicate type and quality of material. Any such references are made a part of these contract documents as if incorporated verbatim herein.

B. The term “Or Equal”, if used, is intended to allow substitution of a brand which has all the essential performance, features, reliability, and other salient characteristics as the brand name and model stated in the item description. “Or Equal” is intended to establish a level of quality and function and is not to be interpreted as a preference for a particular brand. Other brands meeting

00 20 00 - 4 Revised November 19, 2024 these minimum requirements will be accepted. Bid submitted on an “Or Equal” item must clearly identify the proposed product, the quantity of the product, model, and type, as applicable.

C. Alternate bids will not be considered unless expressly authorized by the bid documents.

6. PREPARATION OF BID

Bidders will prepare bids in accordance with the following:

A. Specifications are written to encourage competition. The specifications herein shall be the basis of comparison between bidders. There is no intent to discriminate against any supplier or vendor but rather to set a definite standard of performance. Bidders are required to quote services and/or equipment that will meet or exceed the minimum or maximum specifications herein.

B. Any omission in the specifications of any minor requirement necessary to make each unit complete and functional shall not relieve the Supplier of responsibility to furnish any material or equipment necessary.

C. The City reserves the right to request clarification to assist in evaluating the bidder’s response when the bid response is unclear with respect to product pricing, packaging or other factors. The information provided is not intended to change the bid response in any fashion and such information must be provided within two days from request.

D. Bidders shall not include federal taxes nor State of Texas limited sales, excise and use taxes in bid prices since the City of Seguin is exempt from payment of such taxes under section 151.309 of the Texas Tax Code.

E. By submitting a bid, each bidder certifies that it is a duly qualified, capable, and bondable business entity, that it is not in or contemplating bankruptcy or receivership and that it is not currently delinquent with respect to payment of taxes assessed by any political subdivision.

F. By submitting a bid, each bidder certifies that it does not currently owe any money to the City.

G. The City is exempt from the Federal Excise and Transportation Tax, and the Limited Sales and

Use Tax. Unless the bid form or specification specifically indicates otherwise, the price bid must be net exclusive of the above-mentioned taxes and will be so construed.

H. Prompt payment discounts will not be considered in determining low bids and making awards.

7. BID DEPOSIT

No bid deposit will be expected of bidder UNLESS specifications expressly provide otherwise. If a bid bond is required, the submitted bond may be in the form of a cashier’s check, cash, a certified check made payable to the City of Seguin or an original bond submitted in the form required by the

City in the Bid Documents. The bond shall be executed by a surety authorized by the Texas State

Insurance Commission and must be signed by both the surety and the bidder. Should a bid deposit be presented in a form not acceptable to the City, the bid will not be considered.

8. EXCEPTIONS

If Bidder takes exceptions to any provisions of the specifications, the exceptions must be specifically and clearly identified by section in Bidder’s bid, and Bidder’s proposed alternative must also be provided in the bid. Bidders cannot take a ‘blanket exception’ to the entire bid document.

00 20 00 - 5 Revised November 19, 2024

9. ADDENDA

Any or interpretation of the bid, if made, will be made only by written addendum issued through the Purchasing Department and signed by the City of Seguin Purchasing Manager. A copy of such

Addendum will be mailed or delivered to each person receiving bids. Addenda to the bid documents may be issued in response to a request for clarification or objection, or for any other reason the City considers advisable. Once issued, an addendum becomes a part of the bid documents. All addenda can be viewed and downloaded at the City’s website:

www.seguintexas.gov. It is the bidder’s responsibility to check this site to determine if the City has issued any addenda. The City will not be responsible for any other explanation or interpretation of the bid made or given prior to the award of the contract.

10. REJECTION OF BIDS

A. The City of Seguin reserves the right to accept or reject any or all bids, and to waive any informalities and technicalities. The City of Seguin shall consider all factors it believes to be relevant in selecting the offer that provides the best value for the City including, but not limited to, the offered price. Causes for bidder disqualification and rejection of bids may include, but shall not be limited to:

1. Bidder’s current inability to satisfactorily perform the work or service, or the bidder’s previous failure to properly and timely perform its obligations under a contract with the

City. Purchaser may make such investigation as is deemed necessary to determine the ability of the Bidder to provide the equipment, material, and/or services as required by this specification and to determine the adequacy of the proposed equipment, material, and/or services. The Bidder shall furnish, upon request, all such data and information requested for this purpose. The information provided is not intended to change the bid response in any fashion and such information must be provided within two days from request.

2. Bidder’s current violation of any City ordinance.

3. Bidder’s misstatement or concealment of any material fact in the bid.

4. Bid or proposal’s nonconformance to law or the requirements of the bid specifications.

5. Failure to use or properly complete the bid/proposal form furnished by the City of

Seguin.

6. Lack of signature by an authorized representative on the proposal form.

7. Alteration of bid form.

8. Evidence of collusion among proposers.

9. Omission of proposal guarantee (if required).

10. In the event that a bidder is, or subsequently becomes, delinquent in the payment of his, her or its City taxes, including state and local sales taxes, or any other City financial obligation, such fact shall constitute grounds for rejection of the bid, or if awarded the bid, for cancellation of the contract.

11. AWARD

A. The reserves the right to award a bid or contract to the bidder who provides goods or services at the best value for the City. In determining the best value for the City, the City may consider the following to include but not limited to:

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1. Price

2. Reputation of Bidder

3. Work Experience of Bidder

4. Quality of bidder’s goods and services

5. Conformance to specifications

6. Bidder’s past relationship with the City

7. Total estimated Long-Term Cost in a contract with Bidder

8. Crew availability

9. Material Delivery

B. The City reserves the right to reject or accept all or any combination of bids.

C. The City reserves the right to reject or accept all or any combination of base bid plus alternative bids when alternate bids are called for in bid documents, subject to available funding.

D. Contractor is an independent contractor. Award of a contract does not create a joint venture between the Contractor and the City.

12. CONTRACT

A. City’s Bid Documents combined with the Vendor’s response (bid or proposal) submitted to and accepted by the City, constitutes a contract between the City of Seguin and the selected vendor at the time the Seguin City Council awards the contract to such vendor.

B. No further documentation is required, although the contracting parties may supplement the contract with further documentation. By submitting a bid or proposal, the vendor agrees to comply with the Terms and Conditions and other requirements set forth in the Bid Documents and to be further bound to the representations and information the vendor provides in the response.

C. Acceptance of bidder’s offer may be in the form of a “Notice of Award”, a Purchase Order

(P.O.) or a “Contract”.

13. RESERVATIONS

THE CITY EXPRESSLY RESERVES THE RIGHT TO ACCEPT, REJECT OR CANCEL ANY AND ALL BIDS and:

A. Waive any defect, irregularity, or informality in any bid or bidding procedure;

B. Reissue a bid invitation or proposal;

C. Procure any item by other allowable means;

D. Waive minor deviations from the specifications when a bid meets the intent of the specifications and consider such bid if it is determined the bid’s total cost is lower, the purpose for the bid is improved or not impaired, the bid amounts to the best value for the City, and/or the waiver otherwise results in a measurable benefit on behalf of the City.

E. Extend any contract when most advantageous to the City as provided by original contract conditions.

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14. WARRANTIES

A. WARRANTY FOR PRODUCT: The Contractor warrants to the City that all goods delivered will conform to the specifications, drawings, or other descriptions furnished or incorporated by reference, will be of merchantable quality, good workmanship, free from defects, and fit for all purposes specified in this contract. The Contractor shall not Limit or exclude any implied warranties, and any attempt to do so shall render this contract voidable at the option of the City.

The Contractor will provide copies of applicable warranties or guarantees to the Purchasing

Manager. The City may return goods not meeting applicable warranties to the Contractor at the

Contractor’s expense.

B. WARRANTY FOR PRICE: The City will pay the price for goods specified by the Contractor’s bid. The Contractor warrants its price to be no higher than the Contractor’s current prices or charges on orders by others for products or services of the kind and specification covered by this bid contract for similar quantities under similar or like conditions and methods of purchase. In the event Contractor breaches this warranty, the prices or charges shall be reduced to Contractor’s current prices or charges on orders by others, or in the alternative, City may cancel this contract without liability to Contractor for breach or Contractor’s actual expense.

C. SAFETY WARRANTY: Contractor warrants that the goods sold to the City conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health

Act (OSHA) as amended. In the event the goods do not so conform, the Contractor must correct or replace the goods at the Contractor’s expense. If the Contractor fails to do so within a reasonable time, the City, at its discretion, may cause the correction to be made at the Contractor’s expense, or may return the goods at the Contractor’s expense and terminate this contract.

15. PROTESTS

A. The City Council is the final authority on issues relating to this contract. The Purchasing

Manager is the City’s representative in the award and administration of this contract, and will issue and receive all documents, notices, and correspondence.

B. Any protest to the City’s consideration of any bid must be submitted in writing and delivered to the City of Seguin, ATTN: Purchasing Manager.

C. The protest may be delivered in person to the Purchasing office located at 211 North River, Seguin, Texas, or by certified mail, return receipt requested, to the following address: City of

Seguin, Purchasing Department, ATTN: Purchasing Manager, PO Box 591, Seguin, Texas 78156-

0591.

D. The written protest must include the following information before it may be considered by the City:

1. Name, mailing address, and business phone number of the protesting party;

2. Identification of the bid or proposal being protested;

3. A precise and concise statement of the reason/reasons for the protest which should provide enough factual information to enable the City to determine the basis of the protest;

4. Any documentation or other evidence supporting the protest.

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E. The Purchasing Department, in conjunction with the department responsible for the bid or proposal solicitation, will attempt to resolve the protest, including, at the City’s option, meeting with the protesting party. If the protest is successfully resolved by mutual agreement, written verification of the resolution of each ground addressed in the protest will be provided to the City

Manager. If the Purchasing Department is unable to resolve the protest, the protesting party may request the protest be reviewed and resolved by the City Manager.

F. A request for the City Manager’s review must be in writing and received by the Purchasing

Department within three (3) business days from the date the Purchasing Department informs the protesting party the protest cannot be resolved. The request for review must be delivered in person to the Purchasing Department at the address stated above or by certified mail, return receipt requested, to the mailing address stated above. If the protesting party fails or refuses to request a review by the City Manager within the three (3) days, the protest is deemed finalized and no further review by the City is required. Applicable documentation and other information applying to the protest may be submitted by the protesting party to the Purchasing Department before review by the City Manager. If the protesting party requests a review by the City Manager, such documentation will be forwarded to the City Manager for consideration. The City Manager may likewise notify the protesting party or any City department to provide additional information.

G. The decision reached by the City Manager will be final, but the protesting party may still appear before the City Council during the hearing of citizens’ session.

16. SHIPMENT & DELIVERY

A. Bidder is to quote its lowest and best price F.O.B. Destination on each item to shipping location in Seguin, Texas unless otherwise specified in the bid documents. Pricing shall include packaging, transportation, unloading, and any trade and cash discounts, which may be taken if earned.

B. The bidder certifies all materials, parts, and equipment supplied or represented in response to this bid shall be new and unused unless noted elsewhere in the bid documents.

C. The title and risk of loss of the goods will not pass to the City until receipt and acceptance takes place at the FOB point. The City department receiving deliveries or issuing purchase orders under this contract will inspect and accept any and all deliveries made and may reject those items which are damaged or which do not conform to the specifications. The

Contractor is responsible for the proper labeling, packing, and delivery to final destination, including replacement of rejected deliveries at no additional cost.

D. Delivery dates pertaining to this specification must be clearly stated in the bid form where required. The bidder will clearly state in the bid the time required for delivery upon receipt of contract or purchase order. Failure to specify delivery date or state unrealistically short or long delivery dates may cause the bid to be disqualified. Proposed delivery time must be specific and such phrases “as required”, “as soon as possible”, or “prompt” may result in disqualification of the bid.

E. Vendor must keep the City advised as to the status of the delivery. When delivery delay can be foreseen, the Vendor shall give prior notice to the City.

F. Default in promised delivery, without acceptable reasons, or failure to meet specifications without remedy shall cause the City to purchase the goods elsewhere and charge any

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17. REJECTIONS

A. Delivered articles not in accordance with samples and specifications must be removed by the bidder at his expense. All disputes concerning quality of supplies delivered under this proposal will be determined by the City’s Purchasing Manager or his/her designated representative.

B. All articles enumerated in the proposal shall be subject to inspection or delivery by an officer designated for the purpose and if found inferior to the quality called for, or not equal in value to the department’s samples, or deficient in weight, measurements, workmanship or otherwise, this fact shall be reported to the Purchasing Manager who shall have the right to reject the whole or any part of the same.

18. PAYMENTS

A. Payment of invoices by the City shall be made thirty (30) days after receipt and acceptance of all equipment or performance of services covered by each purchase order or following the receipt of an accurate invoice, whichever is later, in compliance with state statute. Bidder shall state his bid in accordance with the standard payment terms and conditions of the City of Seguin of Net 30 days. All bids must be stated in terms of dollars and cents, the bidder’s lowest, best, and final price.

B. Invoices submitted or otherwise used pursuant to the bid awarded under this IFB shall be presented to the City in the following form and content:

1. Each invoice must reference the City of Seguin contract, agreement, or P.O. number;

2. Only one contract, agreement, or project shall be billed on a particular invoice;

3. Each invoice must have a billing or invoice number and an Invoice Total

C. The invoice requirements stated herein shall not be read to disallow or exclude other information that may be otherwise required or requested by the City. Such information required herein must be submitted only on an invoice and not in any other non-invoice form or document.

19. ASSIGNMENT

No right or interest in the contract shall be assigned, nor delegation of any obligation made by

Vendor without the written permission of the City. Any attempted assignment or delegation by

Vendor shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph.

20. WAIVER

No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver…