SPECS - SSLGC 2024 Pressure Filter Rehabilitation SPECS - SEALED.pdf

PROPOSAL * SPECIFICATIONS * CONTRACT * BOND FORMS

SCHERTZ-SEGUIN LOCAL GOVERNMENT CORPORATION

SSLGC WATER TREATMENT PLANT

2024 PRESSURE FILTER REHABILITATION PROJECT

BID NO. AF-2024-42

SCHERTZ-SEGUIN LGC BOARD OF DIRECTORS

Jack Hamlett

Tim Brown Richard Braud

Heath Andres Richard Dziewit

TRC ENGINEERS, INC.

505 EAST HUNTLAND DR., SUITE 250

AUSTIN, TEXAS 78752

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

JUNE 2024

TRC PROJECT NO. 584463

TABLE O F CONTENTS

SECTION TITLE SECTION NUMBER

TABLE OF CONTENTS i

Request for Bids Conflict of Interest Questionnaire (FORM CIQ) Instructions to Bidders Bid Form Standard Form of Agreement Payment Bond Performance Bond General Conditions (Exhibit A - OWNER’S INSURANCE REQUIREMENT) Special Instructions Prevailing Wage Decision Summary Measurement and Payment Submittals Progress Schedules-Meetings Construction Photographs Quality Control Temporary Facilities and Controls Materials and Equipment Testing of Pipelines Warranties and Bonds Closeout Procedures O&M Data Protective Coatings for Potable Water Filter Media Valves Electromagnetic Flow Meter

APPENDIX

Appendix A – O&M for Tonka Horizontal Pressure Filter

Appendix B – Trough Layout and Airwash Grid Layout

Appendix C – Recommended Disinfection Procedure

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REQUEST FOR BIDS 00200-1

SECTION 00200

REQUEST FOR BIDS

OWNER: Schertz-Seguin Local Government Corporation

PROJECT: SSLGC Water Treatment Plant Pressure Filter Rehabilitation Project

DATE: August 13, 2024 at 3:00 P.M.

I. BACKGROUND

Pursuant to chapter 2269 of the Texas Government Code and chapter 252 of the Texas Local Government Code, the Schertz-Seguin Local Government Corporation (the “SSLGC”) solicits bids from qualified firms interested in providing construction services in connection with the construction of the SSLGC Water Treatment Plant Pressure Filter Rehabilitation Project (the “Project”). The City will award the contract for the Project based on “competitive bidding” method to the lowest 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: blast and repaint interior of Filter #8, replace filter media of Filter #8, replace valves of Filters #8, #10, and #12, and replacement of solenoid banks for Filters #8, #10, and #12; 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.

Schertz-Seguin Local Government Corporation will receive responses to this RFB at the offices of City of Seguin until 3:00 p.m. on August 13, 2024. Receipt of response does not bind Schertz-Seguin Local Government Corporation 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

Schertz-Seguin Local Government Corporation 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 a SSLGC Water Treatment Plant Pressure Filter Rehabilitation Project that will incorporate a blast and repaint interior of Filter #8, replace filter media of Filter #8, replace valves of Filters #8, #10, and #12, and replacement of solenoid banks for Filters #8, #10, and #12.

B. LOCATION

The facility will be located at 2339 CR 114, Nixon, Texas 78140.

C. PROJECT DURATION

The Schertz-Seguin Local Government Corporation has established a target commencement date for construction activities as September 9, 2024. The projected completion date is estimated to be April 7, 2025. The Schertz-Seguin Local Government Corporation reserves the right to

REQUEST FOR BIDS 00200-2

phase the construction of the Project or modify the schedule as needed and determined by the SSLGC 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 SSLGC Water Treatment Plant Pressure Filter Rehabilitation Project. The City anticipates the following items will be included in the scope of the Project: blast and repaint interior of Filter #8, replace filter media of Filter #8, replace valves of Filters #8, #10, and #12, and replacement of solenoid banks for Filters #8, #10, and #12; 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:

Blast and repaint interior of Filter #8.

Replace filter media of Filter #8.

Replace valves of Filters #8, #10, and #12.

Replace solenoid banks for Filters #8, #10, and #12.

Miscellaneous appurtenances necessary for the complete Project.

Estimated maximum construction budget is approximately $930,000.00. This includes all incidental and contingent expenses associated with the construction of the Project.

V. SELECTION PROCESS

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

REQUEST FOR BIDS 00200-3

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.

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.

REQUEST FOR BIDS 00200-4

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 Schertz- Seguin Local Government Corporation, 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. Printed copies of the specifications and drawings may also be viewed at the Engineer’s office, TRC Engineers, Inc., 505 East Huntland Drive, Suite 250, Austin, Texas 78752, (512) 454-8716.

Please submit questions for this project 48 hours 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 July 29, 2024, at 10:00 a.m. at the SSLGC Gonzales WTP at 2339 CR 114, Nixon, Texas 78140.

IX. SUBMITTAL INSTRUCTIONS

Sealed submittals are required. Submittals shall be delivered to the City of Seguin at the address set forth below on or before 3:00 p.m. local time, August 13, 2024. 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:

Schertz/Seguin Local Government Corporation c/o City of Seguin 205 North River

Seguin, Texas 78155

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: SSLGC Water Treatment Plant Pressure Filter Rehabilitation Project

Bid No. AF-2024-42

To be opened at 3:00 P.M., Tuesday August 13, 2024

END OF SECTION

Revised 11/30/2015Form provided by Texas Ethics Commission www.ethics.state.tx.us

FORM CIQ

OFFICE USE ONLYThis questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.

This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).

By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.

A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor.

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

Date Received

A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor?

Yes No

B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity?

Yes No

Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).

Signature of vendor doing business with the governmental entity Date

Name of vendor who has a business relationship with local governmental entity.1

Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)

3 Name of local government officer about whom the information is being disclosed.

Name of Officer

Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.

Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary.

Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more.

Revised 11/30/2015Form provided by Texas Ethics Commission www.ethics.state.tx.us

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.

Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on:

(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity;

(B) a transaction conducted at a price and subject to terms available to the public; or

(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency.

Local Government Code § 176.003(a)(2)(A) and (B):

(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:

(2) the vendor:

(A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that

(i) a contract between the local governmental entity and vendor has been executed;

or

(ii) the local governmental entity is considering entering into a contract with the vendor;

(B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that:

(i) a contract between the local governmental entity and vendor has been executed; or

(ii) the local governmental entity is considering entering into a contract with the vendor.

Local Government Code § 176.006(a) and (a-1)

(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:

(1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);

(2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or

(3) has a family relationship with a local government officer of that local governmental entity.

(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of:

(1) the date that the vendor:

(A) begins discussions or negotiations to enter into a contract with the local governmental entity; or

(B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or

(2) the date the vendor becomes aware:

(A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a);

(B) that the vendor has given one or more gifts described by Subsection (a); or

(C) of a family relationship with a local government officer.

INSTRUCTIONS TO BIDDERS 00300-1

SECTION 00300

INSTRUCTIONS TO BIDDERS

PART 1 - GENERAL

1.01 SCOPE OF PROJECT

A. The Schertz-Seguin Local Government Corporation (OWNER) invites bids for the construction of water treatment plant pressure filter rehabilitation improvements. Principal items of construction will include: blast and repaint interior of Filter #8, replace filter media of Filter #8, replace valves of Filters #8, #10, and #12, and replacement of solenoid banks for Filters #8, #10, and #12.

B. METHOD OF BIDDING

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

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

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

1.02 WITHDRAWAL OF BIDS

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

1.03 ACCESS TO AND INSPECTION OF PROJECT SITE

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

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

1.04 BID SECURITY

A. Each bid must be accompanied by cash, certified check of the Offeror or a bid bond, duly executed by the Offeror as principal and having as surety thereto a surety company approved by the OWNER, in the amount of 5% of the bid. Such cash, checks or bid bonds will be returned to all except the three highest ranked Offerors within ten days after the opening of bids, and the remaining cash, checks or bid bonds will be returned promptly after the OWNER and the

INSTRUCTIONS TO BIDDERS 00300-2

accepted Offeror have executed the Contract, or, if no award has been made within ninety (90) days after the date of the opening of bids, upon demand of the Offeror at any time thereafter, so long as he has not been notified of the acceptance of his bid.

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

OWNER.

1.05 QUALIFICATIONS OF OFFEROR

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

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

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

1.06 LAWS AND REGULATIONS

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

1.07 GEOTECHNICAL DATA

A. The locations of the test holes, if applicable, are shown in the Geotechnical Report. Logs of these test holes are included in the Geotechnical Report. Test holes information represents subsurface characteristics to the extent indicated and only for the point location of the test hole.

Each Offeror shall make his/her own interpretation of the character and condition of the materials which will be encountered. Each prospective Offeror may, at his/her own expense, make additional surveys and investigations as he may deem necessary to determine conditions which will affect performance of the Work.

1.08 ADDENDA AND INTERPRETATIONS

A. No interpretation of the meaning of the plans, specifications or other prebid documents will be made to any Offeror orally. Every request for such interpretation should be in writing addressed to TRC Engineers, Inc., 505 East Huntland Drive, Suite 250, Austin, Texas 78752, and to be given consideration must be received at least fourteen (14) days prior to the date fixed for the opening of bids.

B. Any and all such interpretations and supplemental instructions will be in the form of written addenda to the specifications which, if issued, all prospective Offerors will be notified, not later

INSTRUCTIONS TO BIDDERS 00300-3

than twenty-four hours (24) prior to the date fixed for the opening of bids. Failure of any Offeror to receive any such addendum or interpretation shall not relieve such Offeror from any obligation under his/her bid as submitted. All addenda so issued shall become part of the contract documents.

1.09 EXAMINATION OF SITE OF THE PROJECT

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

1.10 REPLACEMENT OF MISCELLANEOUS IMPROVEMENTS

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

1.11 CLEAN-UP

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

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

C. No direct payment will be made for clean-up.

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

1.12 EXCAVATION

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

1.13 EXISTING UTILITIES

A. Existing surface and subsurface structures (gas mains, water mains, sewer mains, storm sewers, telephone cables, sprinkler systems, etc.) are shown on the plans if their location has been determined, but it shall be the responsibility of the CONTRACTOR to avoid damaging these existing structures regardless of whether they are shown on the plans. The OWNER assumes no responsibility for failure to show any or all of these structures on the plans or to show them in

INSTRUCTIONS TO BIDDERS 00300-4

their exact location. It is mutually agreed that such failure to show these structures will not be considered sufficient basis for claims for additional compensation for extra work or for increasing the pay quantities in any manner whatsoever. The CONTRACTOR expressly assumes responsibility for locating, protecting, and constructing the Project without damage to existing underground utilities and structures. If any structure is damaged by the CONTRACTOR, it shall be his responsibility to repair the damage at his own expense and restore the structure to its intended and fully functional use.

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

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

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

1.14 NOTICES TO OWNERS AND AUTHORITIES WHEN EXCAVATING

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

1.15 PRECONSTRUCTION CONFERENCE

A. After award and execution of a contract between the OWNER and CONTRACTOR, a formal preconstruction conference will be held in prior to commencement of the work. This conference will include review of technical specifications in order to insure clarity as to the type of construction machinery to be used, construction methods to be used, and materials to be used, obligations of both the CONTRACTOR and the Owner’s representative, personnel, safety, issues/requirements, permitting requirements, payment requests, construction scheduling, surveying, progress meetings, control of the project, guaranty/warranty, and the method of inspection and decision-making to be used during this project.

1.16 CONSTRUCTION WORKING HOURS

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

B. Generally, the CONTRACTOR shall perform all construction activities between 8:00 a.m. to 5:00 p.m., Monday through Friday only. However, the CONTRACTOR may be allowed to work on Saturdays, Sundays, or Legal Holidays upon the OWNER or ENGINEER’s written approval. CONTRACTOR shall be responsible for paying all costs, fees, etc. related to Owner’s representative during hours on Saturdays, Sundays, or Legal Holidays and outside 8:00 am to

INSTRUCTIONS TO BIDDERS 00300-5

5:00 p.m. Requests must be received from the CONTRACTOR a minimum of 48 hours in advance of work outside that as stated above.

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

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

E. The following requirements shall apply to all construction areas:

1. Pavement reconstruction shall be done in half-width road sections unless approved by the

ENGINEER.

2. Residence’s driveways shall be accessible by vehicles at the end of each day (5:00 p.m.).

1.17 COOPERATION AND COORDINATION WITH PUBLIC

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

1.18 SALVAGE RIGHTS

A. Old valves, appurtenances of any kind, street paving materials, etc., excavated, removed, or produced during the project by the CONTRACTOR shall be delivered to the OWNER's yard, if desired by the OWNER. If the OWNER desires not to keep these materials, they shall be disposed of properly and according to current laws. CONTRACTOR shall not be entitled to additional compensation for such delivery or disposal.

1.19 DISPOSAL OF EXCAVATED MATERIALS

A. All excavated materials not used in backfilling will be disposed of by the CONTRACTOR at a site obtained by the CONTRACTOR and approved by the OWNER. Disposal of excavated materials shall be in accordance with all rules and regulations of the Texas Commission on Environmental Quality (TCEQ). Any pieces of material such as broken concrete, asphalt, or pipe measuring twelve (12”) inches or larger in any dimension, shall be disposed of by the CONTRACTOR at an approved landfill or as directed by the OWNER. Spoil areas shall be leveled with a motor grader for future mowing. The CONTRACTOR shall include in his bid the cost to dispose of the materials.

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

INSTRUCTIONS TO BIDDERS 00300-6

1.20 SANITARY FACILITIES

A. The CONTRACTOR shall provide sufficient chemical toilet facilities for the use of his forces.

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

1.21 STAKING FOR CONSTRUCTION

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

1.22 EXCAVATION, TRENCHING, AND SHORING

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

1.23 BUY AMERICAN

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

1.24 PREVAILING WAGE SCALE

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

1.25 BACKFILL AND PAVEMENT REPAIR

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

1.26 VIDEO OF CONSTRUCTION AREA

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

1.27 TESTING

A. All concrete work shall be tested by cylinder breaks at an approved testing laboratory. Three

(3) standard test cylinders shall be taken during each continuous pour. Costs for these cylinder breaks will be borne by the CONTRACTOR.

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

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CONTRACTOR. Any other materials, testings and batch designs required by these specifications will be paid by the CONTRACTOR.

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

1. Equipment

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

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

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

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

2. Concrete

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

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

3. HMAC

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

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

c. As a minimum, the CONTRACTOR shall perform one (1) sample (three (3) test specimens) for determination of Proctor density and stability and one (1) sample for determination of proportioning of materials. These samples shall be daily during HMAC construction activities.

4. Density

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

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

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

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

1.28 QUALITY CONTROL

A. General

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

B. CONTRACTOR’s Responsibilities

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

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

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

c. Perform tests as indicated in this and other sections of the specifications. Schedule the time and sequence of testing with the OWNER and ENGINEER. Testing is to be observed by the ENGINEER or OWNER.

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

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

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

C. Quality Monitoring Activities by Engineer

1. Quality Monitoring activities of the OWNER through their own forces or through contracts with materials testing laboratories and survey crews are for the OWNER’s use

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in monitoring the results of the CONTRACTOR’s work and quality control activities, if deemed necessary by the OWNER.

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

D. Submittals

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

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

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

E. Standards

1. Provide a testing laboratory that complies with the ASTM (American Society of Testing Materials) and/or ACIL (American Council of Independent Laboratories) “Recommended Requirements for Independent Laboratory Qualifications”, or other specified testing organizations.

2. Perform tests listed in the specifications.

F. Delivery and Storage

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

G. Verification Testing

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

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

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

H. Test Reports

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

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

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

2) Name of the laboratory, address, and telephone number.

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

4) Date and time of sampling, inspection, and testing.

5) Date the report was issued.

6) Description of the test performed.

7) Weather conditions and temperature at time of test or sampling.

8) Location at the site or structure where the test was taken.

9) Standard or test procedure used in making the test.

10) A description of the results of the test.

11) Statement of compliance or non-compliance with Contract Documents.

12) Interpretations of test results, if appropriate.

2. Distribute copies of the test reports to:

No. of Copies

OWNER 2

ENGINEER 1

CONTRACTOR 1

I. Non-Conforming Work:

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

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

1.29 EXCAVATION

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

1.30 PUMPING, BAILING AND DRAINING

A. The CONTRACTOR shall immediately remove all surface or seepage water from sewers, drains, ditches, and other sources which may accumulate during the excavation and construction work by providing the necessary underdrains or otherwise and by doing the necessary pumping, bailing or draining. The CONTRACTOR shall have available at all times sufficient equipment

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in proper working order for doing the work herein required. All water removed from excavations shall be disposed of in an approved manner so as to not create unsanitary conditions nor to interfere unduly with the use of streets, private driveways, or entrances. Pumping, bailing, draining, underdrains, ditches, etc., shall be considered as incidental work and will not be paid for as separate items, but their cost shall be included in the contract prices in the Bid for the various units of excavation measure.

1.31 BARRICADES AND DANGER SIGNALS

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

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

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

1.32 SAFETY

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

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

1.33 PROJECT MAINTENANCE

A. The CONTRACTOR shall maintain and keep in good repair the improvements covered by these plans and specifications during the life of his contract. Existing improvements shall at all times be protected by the CONTRACTOR during the construction of the work as specified herein.

All such improvements shall be left in a condition equal to that prior to start of construction.

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1.34 PROPERTY LINES AND MONUMENTS

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

1.35 OFF-SITE STORAGE

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

1.36 CONNECTIONS TO EXISTING FACILITIES

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

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

1.37 CONNECTIONS TO EXISTING PIPELINES

A. All connections to existing piping shall be made using joints…