Volume 1 - Project Manual (2).pdf

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The Woods Subdivision Wall Project
Solicitation number
1317-11786
Issued by
Travis County, Austin City, Texas

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Project Manual Summary: The Woods Subdivision Wall Project

This is a Project Manual and invitation to bid for The Woods Subdivision Wall Project issued by Travis County Water Control & Improvement District No. 19 (WCID No. 19), located in Travis County, Austin, Texas. The project consists of the demolition and removal of existing fences and installation of approximately 2,895 linear feet of 6-foot masonry wall with associated columns, including restoration and revegetation work. Bid work items include mobilization, silt fence installation, clearing and grubbing, temporary chain link fencing, masonry wall and column construction, tree protection measures, foundation work, restoration of HOA and homeowner properties, and traffic control planning. Sealed bids were due August 12, 2026, at 10:00 a.m. Local Time at the office of Gray Civil, Inc. A non-mandatory pre-bid conference was scheduled for August 5, 2026, at 10:00 a.m. at the construction site. The contract specifies substantial completion within 120 calendar days and final completion within 150 calendar days after the Notice to Proceed. The apparent most qualified, responsible bidder would receive notification of award within 60 days of bid opening.

Bidders must provide a Bid Security of at least 2 percent of the total bid amount in the form of a bid bond or certified/cashier's check. The successful bidder must furnish performance and payment bonds each at 100 percent of the Contract Price, as well as a two-year maintenance bond for 10 percent of construction costs. Bidding documents were available for a non-refundable fee of $150.00 per set or free of charge through online registration at www.CivcastUSA.com. Travis County WCID No. 19 is exempt from Texas sales and use taxes as a political subdivision, and contractors must pass this tax savings to the Owner. Contractors must comply with prevailing wage rate requirements specified in Attachment B and are subject to a $500 per calendar day economic disincentive penalty for each day of work completion delay beyond the contract deadline. The project requires contractors to maintain minimum bonding capacity of at least $5,000,000 and demonstrate at least five similar projects completed within the past five years with no prior contract defaults.

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TRAVIS COUNTY WCID NO. 19 DATE: 7/24/2026

Table of Contents Page 1 of 1

TABLE OF CONTENTS

VOLUME 1: CONTRACT DOCUMENTS & SPECIFICATIONS

1 INVITATION TO BIDDERS

2 INSTRUCTIONS TO BIDDERS

3 BID FORM

4 SAMPLE CONTRACT

5 GENERAL CONDITIONS OF THE CONTRACT

6 ATTACHMENT A TO THE GENERAL CONDITIONS OF THE CONTRACT – INSURANCE

REQUIREMENTS

7 ATTACHMENT B TO THE GENERAL CONDITIONS OF THE CONTRACT – MINIMUM WAGE RATE

SCALE

8 ADDENDUM TO THE GENERAL CONDITIONS OF THE CONTRACT

9 SPECIAL CONDITIONS OF THE CONTRACT – PART A

10 TECHNICAL SPECIFICATIONS

11 TEXAS SALES AND USE TAX EXEMPTION CERTIFICATION

12 PAYMENT BOND

13 PERFORMANCE BOND

14 MAINTENANCE BOND

15 CERTIFICATE OF SUBSTANTIAL COMPLETION

16 SAMPLE ENGINEER’S LETTER CERTIFYING SUBSTANTIAL COMPLETION

17 SAMPLE FORM 1295

TECHNICAL SPECIFICATIONS (INCLUDED BY REFERENCE ONLY)

CITY OF AUSTIN SPECIFICATIONS, NOTES AND DETAILS

VOLUME 2: CONSTRUCTION PLANS

WCID 19 – The Woods Subdivision Wall Project, Travis County, Austin, Texas Issued by Gray Civil, Inc. on July 9, 2026

Invitation to Bidders Page 1 of 2

INVITATION TO BIDDERS

Sealed Bids addressed to TRAVIS COUNTY WATER CONTROL & IMPROVEMENT DISTRICT NO. 19, Attention “President, Board of Directors”, will be received at the office of Gray Civil, Inc., 8834 N Capital of Texas Highway, Suite #140, Austin, Texas, 78759 until 10:00 a.m. Local Time, August 12, 2026, and then publicly opened and read aloud for “THE WOODS SUBDIVISION WALL PROJECT”.

In addition to the opening of sealed Bids at the address above, you may call in for the public opening of sealed Bids via Microsoft Teams. Use the call-in information below for the public bid opening.

Meeting ID: 217 931 340 863 398 Conference ID: 388 879 49# Code: jw3v2Ai9

Phone Number: 929-376-1631

Scope of Work of the Contract Documents includes the following: The work covered by these Specifications consists of furnishing all labor, equipment, appliances, materials and performing all operations in connection with the demolition and removal of existing fences and the installation of approximately 2,895 linear feet of 6’0” masonry wall along with associated columns complete in accordance with the Plans, and subject to the terms and conditions of the Contract Documents. The project requires the contractor to remove and dispose of the existing fencing and erect any temporary chain link fencing needed to protect the site and individual lots during construction. All cross fences shall be re-installed to tie-in to the proposed wall.

Bids received after the closing time will be returned unopened. A non-mandatory pre-bid conference will be held onsite at 2716 Barton Creek Blvd., Austin, Texas, 78735 at 10:00 a.m. Local Time, August 5, 2026.

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

By submitting a Bid, Bidder acknowledges and agrees that the Contract Documents may be accepted, executed, or agreed to using an Electronic Signature, as defined by and in accordance with Owner’s Electronic Signature Rules for Construction Contracts.

Bidding documents may be examined at the office of Gray Civil, Inc., 8834 N Capital of Texas Highway, Suite #140, Austin, Texas 78759 or may be obtained by prospective bidders or suppliers upon payment of One Hundred Fifty Dollars ($150.00 non-refundable plus cost of delivery) for each set of documents.

Checks should be made payable to Gray Civil, Inc. No cash will be accepted. Bidding documents may also be obtained, free of charge, by registering and accessing the project on www.CivcastUSA.com.

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

http://www.civcastusa.com/

Invitation to Bidders Page 2 of 2

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

Instructions to Bidders Page 1 of 7

INSTRUCTIONS TO BIDDERS

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

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

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

The corporate address and state of incorporation shall be shown below the signature.

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

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

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

Bidders desiring further information or further interpretation of any part of the Contract Documents are hereby obligated to submit a written request online to the www.CivcastUSA.com for such information to Engineer not less than seven (7) calendar days before the Bid opening. If appropriate, answers to these requests will be given to all bidders as addenda to the Contract Documents, and when each addendum is issued it becomes a part of the Contract Documents. All Addenda issued for this project will be posted on www.CivcastUSA.com. No explanation or interpretation of the Contract Documents, other than written addenda, is binding. Bidders shall acknowledge receipt of all Addenda on the Bid Form.

Instructions to Bidders Page 2 of 7

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

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

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

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

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

5. BONDS. The successful bidder must furnish a performance bond and a payment bond each in the sum of 100 percent (100%) of the Contract Price. The successful bidder must also provide a two-year (2) Maintenance Bond for ten (10%) percent of the cost of the construction of the improvements that will be owned by TRAVIS COUNTY WCID NO. 19. The successful bidder must also provide maintenance bonds meeting the requirements of any entity or jurisdiction that will own, operate and/or maintain any improvements not owned by the District. The Bonds must be in the form prescribed by the Contract Documents except as required otherwise by Laws and Regulations. The Bonds must be from a surety company holding a permit from the State of Texas to act as surety. Unless otherwise specified, the cost of proving Bonds must be included in the bidder’s total Bid amount. The surety company must have a minimum Best Key Rating of “B+” or better. The surety company, the agency and agent issuing the Bonds must be authorized to issue Bonds in Texas in an amount equal to the total Contract Price and such authorization must be recorded in the files of the Texas Department of Insurance. The person executing the Bonds must be a licensed Texas local recording agent and such licensing must be recorded in the files of the Texas Department of Insurance. All Bonds signed by an agent must be accompanied by a certified copy of the agent’s authority to act. The Bonds must be executed by a duly appointed representative of the surety company licensed by the State of Texas as a General Lines Agent and such licensing must be recorded in the files of the Texas Department of Insurance. If the surety company does not have such a rating due to the length of time it has existed, the surety company must be eligible to participate in the surety bond guarantee program of the Small Business Administration and must be an approved surety

Instructions to Bidders Page 3 of 7 listed in the current U.S. Department of Treasury Circular 570, and must meet all of the rules and regulations of the Treasury Department with respect to performance and payment bonds for federal jobs, including specifically the rules related to underwriting limitation. For contracts over $100,000, the surety must also hold a certificate of authority from the United States Secretary of Treasury to qualify as a surety on obligations permitted or required under federal law, or have obtained reinsurance for any liability in excess of $1,000,000 from a reinsurer that is authorized and admitted as a reinsurer in the State of Texas and is the holder of a certificate of authority from the United States Secretary of Treasury to qualify as a surety or reinsurer on obligations permitted or required under federal law. If bidder’s proposed surety company, agency or agents do not meet the requirements herein, then Owner may refrain from considering the bidder for Contract award and Owner may require bidder to forfeit its Bid Security.

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

Contractor’s failure to provide compliant Bonds may be grounds for immediate termination regardless of whether the Contractor has started the Work on the Project.

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

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

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

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

Instructions to Bidders Page 4 of 7

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

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

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

10. TIME FOR COMPLETION. Contractor will not be allowed time extensions (i) due to inclement weather except for Force Majeure events as defined under Section 1.01 of the General Conditions of the Contract; (ii) due to non-availability of equipment or material, when the principal units of Work and tasks on the critical path are not in progress or are not delayed by the event of delay, interference, disruption, or hindrance; (iii) when at least seven (7) hours of available working time remain out of the working day;

(iv) while materials are drying and it is possible for the Contractor to enclose the area and use drying devices; (v) when an event of delay, interference, disruption, or hindrance occurs on a day other than a working day or other day when the Contractor had not originally planned to work; (vi) when an event of delay, interference, disruption, or hindrance occurs after the expiration of the Contract Time; (vii) to the extent the Contractor could have anticipated or alleviated the impact of the event of delay, interference, disruption, or hindrance through reasonable efforts; (viii) when events of concurrent delay overlap the claimed delay; and/or (ix) when an extension of time is precluded by any provision of the Contract Documents.

11. QUALIFICATION OF BIDDERS. The apparent most qualified, responsible bidder must submit to Owner, within five (5) calendar days of notification of award of the Contract, either (i) a fully completed contractor’s statement of qualification or (ii) a written statement that the most recently submitted contractor’s statement of qualification is accurate, which statement of qualification must be considered in the award of the Contract. Failure to accurately complete the contractor’s statement of qualification or to timely submit the statement of qualification will, at Owner’s option, disqualify the bidder from consideration in the award of the Contract. The form of the Contractor’s statement of qualification is available from the Engineer. Owner may reject, at Owner’s sole discretion, a bidder’s statement of qualification if the bidder’s statement of qualification is not on the form provided. Evidence of out-of-state incorporation to conduct business in the state in which the Work is to be performed, along with state contractor license number, must also be provided and is a consideration in the award of the Contract.

12. MODIFICATION AND WITHDRAWAL OF BIDS. Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered in the same manner as Bids were submitted at any time prior to the opening of Bids. If, within twenty-four (24) hours after Bids are opened, any bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid despite the exercise of ordinary care, that bidder may withdraw its Bid and the Bid Security will be returned.

13. HOUSE BILL 1295. Provision of Texas Ethics Commission Form 1295 (“TEC Form 1295”) pursuant to Texas Government Code § 2252.908 (the “Interested Party Disclosure Act” or the “Act”): Unless bidder

Instructions to Bidders Page 5 of 7 is exempt from such requirements pursuant to Texas Government Code Section 2252.908(c)(4), the Owner may not award the Contract to a bidder unless the bidder has provided to the Owner a completed and signed TEC Form 1295 which has been assigned a certificate number by the Texas Ethics Commission (the “TEC”). Pursuant to the rules prescribed by the TEC, the TEC Form 1295 must be completed online through the TEC’s website, assigned a certificate number, printed, signed, and provided to the Owner. Neither the Owner nor its consultants have the ability to verify all of Contractor’s information included in a TEC Form 1295, and neither have an obligation nor undertake responsibility for advising any bidder with respect to the proper completion of the TEC Form 1295. Instructions for completing the Form 1295 will be issued to the successful bidder upon award of contract. The awarded bidder must submit their TEC Form 1295 with their executed contract documents.

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

Discrepancies between the multiplication of units and unit prices in a Bid will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum if the correct sum is evident from the face of the Bid.

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

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

Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of bidders, proposed subcontractors, suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents, to Owner’s satisfaction.

BY SUBMITTING A BID, EACH BIDDER AUTHORIZES OWNER TO PERFORM ALL INVESTIGATIONS INTO THE BIDDER’S BACKGROUND, CAPABILITIES, PRIOR EXPERIENCE, AND OTHER FACTORS PERTAINING TO BIDDER’S PERFORMANCE OF THE WORK, AS OWNER DEEMS NECESSARY IN ITS SOLE DISCRETION, AND FOR THAT PURPOSE, SUBMISSION OF A BID ACTS AS BIDDER’S SPECIFIC AUTHORIZATION TO PERSONS AND ENTITIES CONTACTED BY OWNER IN CONNECTION WITH SUCH INVESTIGATIONS TO PROVIDE OWNER WITH THE INFORMATION REQUESTED BY OWNER AND TO DISCUSS AND EXPRESS OPINIONS CONCERNING BIDDER. FURTHER, BY SUBMISSION OF A BID, BIDDER AGREES TO FULLY AND FOREVER WAIVE AND RELEASE ANY CLAIM (KNOWN OR UNKNOWN) IT HAS OR MAY HAVE AGAINST THE OWNER, ENGINEER, DEVELOPER AND THEIR RESPECTIVE ATTORNEYS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES, AND AGENTS (“THE EVALUATING PARTIES”) ARISING OUT OF OR IN CONNECTION WITH THE: (1) ADMINISTRATION, EVALUATION, OR RECOMMENDATION (OR LACK THEREOF) OF ANY BID;

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

(3) ACCEPTANCE OR REJECTION OF ANY BIDS AND AWARD OF THE CONTRACT.

Instructions to Bidders Page 6 of 7

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

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

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

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

Within seven (7) calendar days of receipt from the Owner of the notice of award, the successful bidder must submit to the Engineer the payment and performance bonds and all information or other items necessary to complete the Contract Documents, including the required insurance, anticipated construction schedule, and Contractor’s safety program. See SAFETY under Section 5.20 of the General Conditions of the Contract. The successful bidder must return the fully executed Contract Documents to Engineer within seven (7) calendar days of receipt, or Owner may at its sole discretion disqualify the Bid and accept another Bid and the bidder must, at Owner’s option, forfeit its Bid Security.

15. TAXES, LICENSES AND FEES. Certain taxes, licenses, fees, and other similar items are part of the cost of the Work, and it is bidder’s responsibility to familiarize itself with these costs and to observe and comply with the Laws and Regulations relating to same. The prices, sums, rates, and other charges set forth in the bidder’s Bid must cover and include all such costs. Owner is exempt from Texas sales and use taxes pursuant to Texas Tax Code § 151.309 as a political subdivision of the State of Texas. Owner shall provide Contractor, if requested by Contractor in writing, with a completed Texas Sales and Use Tax Exemption Certification as evidence of the applicability of such exemption, as limited by applicable statute. In addition, Contractor, and all subcontractors to Contractor (i) must not include any provision for Texas sales and use taxes with respect to such exempt items in any Bid or the Contract Price, and (ii) must pass on to the Owner cost savings due to the exempt status of such exempt items. Contractor’s contracts with all subcontractors to Contractor must include the foregoing provision regarding the exemption from Texas sales and use taxes. Contractor must pay taxes on items that are not exempt.

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

17. ELECTRONIC COUNTERPARTS; FORM OF BONDS TO BE PROVIDED TO OWNER. The Contract Documents may be executed and delivered in any number of counterparts, each of which so executed and delivered will be deemed to be an original and all of which will constitute one and the same instrument.

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

https://www.lawinsider.com/clause/counterparts-and-electronic-signatures

Instructions to Bidders Page 7 of 7

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

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

20. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE.

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

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

(B) The minimum wage rates that apply to this Contract are specified in Attachment B to the General Conditions of the Contract. Contractor and subcontractors must review and ascertain such wage rates and pay at least such minimum rates.

21. ECONOMIC DISINCENTIVES. The Contractor and the Owner agree that time is of the essence of this Contract. The Contractor and the Owner agree that a breach of this Contract by failure to complete the Work in the specified time will cause harm to the Owner. Therefore, the Contractor and the Owner agree that for each and every calendar day the Work or any portion thereof shall remain uncompleted after the expiration of the time limit(s) set in the Contract, or as extended under the provisions of these General Conditions (including, without limitation, due to a delay caused by Contractor’s failure to comply with the Contract Documents or due to Owner’s termination of Contractor for default under the Contract Documents), Contractor shall be liable to Owner for economic disincentives under Section 49.271(e) of Texas Water Code, in the amount of $500 for each such calendar day. The Owner shall have the option to deduct and withhold said amount from any monies that the Owner owes the Contractor or its sureties or to recover such amount from the Contractor or the sureties on the Contractor’s bond.

Bid Form Page i of 16

BID FORM

TABLE OF CONTENTS

Page

Article 1 – Bid Recipient…………………………………………………………………………………………………………………………..1

Article 2 – Bidder’s Acknowledgements…………………………………………………………………………………………………..1

Article 3 – Bidder’s Representations………………………………………………………………………………………………………..1

Article 4 – Bidder’s Certification………………………………………………………………………………………….……………………2

Article 5 – Basis of Bid…………………………………………………………………………………………………………………………..…3

Article 6 – Time of Completion……………………………………………………………………………………………….………………..5

Article 7 – Attachments to This Bid……………………………………………………………..………………………………………..…5

Article 8 – Defined Terms……………………………………………………………………………………………………………..………….5

Article 9 – Bid Submittal………………………………………..……………………………………………………………………..………….5

Article 10 – Submittal of Bid Form on Computer Spread Sheet……………………………………………..…….…………11

Bid Form Page 1 of 12

ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to:

Travis County WCID No. 19 c/o Gray Engineering, Inc.

8834 N Capital of Texas Highway Suite #140 Austin Texas 78759

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

ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS

2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged:

Addendum No. Addendum Date

B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) as containing reliable “technical data”.

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E. Bidder has considered the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs.

F. Based on the information and observations referred to in Paragraph 3.01.E above, Bidder does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents.

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

H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder.

1. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted.

ARTICLE 4 – BIDDER’S CERTIFICATION

4.01 Bidder certifies that:

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

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

C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and

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

1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process;

Bid Form Page 3 of 12

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

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

ARTICLE 5 – BASIS OF BID

Bidder will complete the Work in accordance with the Contract Documents for the following price(s):

All specified cash allowances are included in the price(s) set forth above and have been computed in accordance with Paragraph 11.02 of the General Conditions. All items shall be priced as complete and in place.

Bid Form Page 4 of 12

Fenceline Improvements

Item Description Unit Quantity Unit Price Cost 1 Mobilization (Including P&P Bond), Per Lump Sum, Complete and In Place

(CIP)

LS 1

$0.00

2 Silt Fence, Including Installation, Maintenance and Removal, Per Linear Foot, CIP

LF 6,986

3 Inlet Protection, Including Installation, Maintenance and Removal, Per Each, CIP

EA 1

4 Stabilized Construction Entrance, Per Each, CIP EA 6 $0.00

5 Temporary Rock Berm, Per Linear Foot, CIP LF 165 $0.00

6 Clearing & Grubbing Fenceline, Per Lump Sum, CIP LS 1 $0.00

7 Tree Protection Fence, Including Installation, Maintenance and Removal, Per Linear Foot, CIP

LF 6,057

8 Tree Protection Timber Wrap, Per Each, CIP EA 37 $0.00

9 Steel Tree Protection Plate, Per Each, CIP EA 15 $0.00

10 Spread Footing Wall Foundation, Per Linear Foot, CIP LF 1,395 $0.00

11 Rock Footing Wall Foundation, Per Linear Foot, CIP LF 1,500 $0.00

12 Masonry Column, Including Caps, Foundation, CMU Block, etc., Per Each, CIP

EA 20

13 Remove Existing & Replace With New Precast Limestone Column Caps, Per Each, CIP

EA 15

14 Masonry Fence, Per Linear Foot, CIP LF 2,895 $0.00

15 Tie Masonry Fenceline into Existing Column, Per Each, CIP EA 4 $0.00

16 4' Mockup Masonry Fence Including Column, Per Each, CIP EA 1 $0.00

17 Irrigation Allowance on HOA Property, Including Relocation & Repair, Provided by Texas Eco Grow, Per Lump Sum, CIP

LS 1 $15,000.00 $15,000.00

18 Restoration & Revegetation of HOA Property Along Fenceline, Including Hardwood Mulch, and Plantings, Per Square Yard, CIP

SY 2,773 $0.00

19 Restoration of HOA Property at Neighborhood Entrances, Including Hardwood Mulch, and Plantings, Per Each, CIP

EA 4 $0.00

20 Restoration & Revegetation of Contractor Staging Area, Including Hardwood Mulch, Plantings, Turf Sod, Per Square Yard, CIP

SY 2,252 $0.00

21 Restoration & Revegetation Homeowner Property, Including Turf SOD to Match Homeowner SOD, Per Square Yard, CIP

SY 3,217 $0.00

22 Restoration of Homeowner Side Fence, Fence Type to Match Existing & Tie into Proposed Column, Per Each, CIP

EA 10 $0.00

23 Remove and Dispose of Existing Rear Lot Fence, Per Lump Sum, CIP LS 1 $0.00

24 Traffic Control Plan, Per Lump Sum, CIP LS 1 $0.00

27 Temporary Chain Link Fencing for Rear Lots During Construction, Per Lump Sum, CIP

LS 1

TOTAL BASE BID: WCID 19 THE WOODS WALL PROJECT

$15,000.00

Bid Form Page 5 of 12

ARTICLE 6 – TIME OF COMPLETION

6.01 Bidder agrees that the Work will be substantially complete within one hundred twenty (120) calendar days after the date when the Contract Times commence to run as provided in the General Conditions and will be completed and ready for final payment in accordance with the General Conditions within one hundred fifty (150) calendar days after the date when the Contract Times commence to run.

6.02 Bidder accepts the provisions of the Agreement as to liquidated damages.

ARTICLE 7 – ATTACHMENTS TO THIS BID

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

A. Required Bid security;

B. List of Proposed Subcontractors;

C. List of Proposed Suppliers;

D. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such license within the time for acceptance of Bids;

ARTICLE 8 – DEFINED TERMS

8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

ARTICLE 9 – BID SUBMITTAL

9.01 This Bid is submitted by:

If Bidder is:

An Individual

Name (typed or printed):

By:

(Individual’s signature)

Doing business as:

Bid Form Page 6 of 12

A Partnership

Partnership Name:

By:

(Signature of general partner -- attach evidence of authority to sign)

Name (typed or printed):

A Corporation

Corporation Name: (SEAL)

State of Incorporation:

Type (General Business, Professional, Service, Limited Liability):_______

By:

(Signature -- attach evidence of authority to sign)

Name (typed or printed):

Title:

(CORPORATE SEAL)

Attest

Date of Qualification to do business in [State where Project is located] is

A Joint Venture

Name of Joint Venture:

First Joint Venturer Name: (SEAL)

By:

(Signature of first joint venture partner -- attach evidence of authority to sign)

Name (typed or printed):

Title:

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Second Joint Venturer Name: (SEAL)

By:

(Signature of second joint venture partner -- attach evidence of authority to sign)

Name (typed or printed):

Title:

(Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.)

Bidder's Business Address

Phone No. _____________________________________ Fax No.

E-mail ______________________________ _______

SUBMITTED on , 20____.

State Contractor License No. . [If applicable]

Bid Form Page 8 of 12

BID SECURITY

(BIDDER to fasten acceptable Bid Security to this page)

Bid Form Page 9 of 12

LIST OF SUBCONTRACTORS

In conformance with the Contract Documents, listed below are the names of the subcontractors, and to what extent they will be used if awarded this contract. This list shall not be modified except as requested and approved by the Owner.

Name and Address of Subcontractor Type of Work

Bid Form Page 10 of 12

LIST OF SUPPLIERS

In conformance with the Contract Document, it is required that the names of the manufacturer and supplier of equipment and materials to be incorporated into this Contract shall be inserted below. Only named manufacturers shall be allowed in the list below. Any manufacturer listed which is not named are grounds for bid rejection.

Item Manufacturer and/or Supplier

I hereby certify that the above “List of Subcontractors” and “List of Suppliers” is a completed listing of all known Subcontractors and Suppliers to be used on the project:

Dated this day of 2024.

Bidder

By

Title

Bid Form Page 11 of 12

ARTICLE 10 – SUBMITTAL OF BID FORM ON COMPUTER SPREAD SHEET

Bidder, at its option, in lieu of hand writing in the unit price figures in ink on the Bid forms above, may submit an original computer printout sheet bearing certification by, and signature for, the bidding firm. The unit prices shown on acceptable printouts will be the unit prices used to tabulate the Bid and used in the Contract if awarded by the OWNER. As a minimum, computer printouts must contain the information and in the arrangement shown on the following "Example of Bid Prices Submitted by Computer Printout" form.

If a computer printout is used, the bidder must still execute that portion of the unit price Bid form which acknowledges the Bid Guaranty, Time of Completion, Liquidated Damages, and all addenda that may have been issued, “domestic” or “foreign origin”, estimated amount of hazardous waste.

Bids with unit prices by computer printout may be rejected if:

1. The computer printout does not bear the certification verbatim, as shown on the example in the Project Manual.

2. The computer printout is not signed in the name of the firm to whom the Project Manual was issued.

3. The computer printout omits required bid items or includes items not shown on the Bid form in the Contract Documents.

4. The Bid documents issued by the OWNER are not fully executed as provided above.

If the Bid submitted by the bidder contains both the form furnished by the OWNER, completed according to the instructions, and also a computer printout, completed according to the instructions, unit prices of only one will be considered. In this situation, the unit bid prices shown on the computer printout will be used to determine the Bid.

In the event of conflict between the two, unit Bid prices will prevail over the extended (Total) prices.

Bid Form Page 12 of 12

EXAMPLE OF BID PRICES SUBMITTED BY COMPUTER PRINTOUT

PROJECT NAME:

Bid Item Bid Item Description Unit of Measure

Approx.

Quantities

Unit Bid Price

Amount

TOTAL BID: $_________________________

(YOUR FIRM'S NAME) certifies that the unit prices shown on this complete computer print-out for all of the Bid items and the alternates, if applicable, contained in this proposal are the unit prices intended and that its Bid will be tabulated using these unit prices and no other information from this print-out. (YOUR FIRM'S NAME) acknowledges and agrees that the total Bid amount shown will be read as its total Bid and further agrees that the official total Bid amount will be determined by multiplying the unit Bid prices shown in this print-out by the respective estimated quantities shown on the Bid form then totaling all of the extended amounts. In the event of conflict between the two, unit Bid prices will prevail over the extended (Total) prices.

Signed:___________________________________________

Title:____________________________________________

Date:____________________________________________

Statement of Qualifications Page 1 of 8

STATEMENT OF QUALIFICATIONS

Preliminary Qualification Statements

This Project is located in a high-profile development located in Travis County WCID No. 19. Due to this circumstance, the Owner requires that certain criteria be met by each Bidder interested in submitting a Bid for this work. The Bidder must be able to answer “TRUE” to each of the below statements to be eligible to bid on this Project. If you cannot answer “TRUE” to the following statements, your Bid will not be opened or considered.

Preliminary Qualification Statements Answer

My Organization has successfully completed at least five projects similar in cost and scope to this Project in the last five years.

The amount of my Organization’s bonding capacity is at least $5,000,000.

My Organization has been in business for a minimum of three years?

My Organization has not ever been found in default of any contract or had a bond revoked?

Required Supporting and Background Information

Please complete the following information in support of your qualification statements and regarding your Organization’s history and background. Please note that all questions must be answered in the format provided and that a notarized signature is required at the end of the form. Upon request, this document can be provided electronically to assist in your submittal preparation.

Bidder Qualifications:

A prospective Bidder must, at a minimum, have been in business for three (3) or more years constructing similar types of projects, and shall have the ability to carry one's own bonds. Completion of the Bidder’s Statement of Qualifications does not necessarily qualify a prospective Bidder, however, failure to complete and submit the Statement may disqualify a Bidder from consideration of Contract award. After receipt of Bids, each Bidder requested to do so shall, within five (5) days, furnish complete information pertaining to his financial conditions and such other evidence deemed necessary to show the Bidder's ability to perform satisfactorily the work on which he has bid, and within the designated time.

The Contractor will not be permitted to assign, sell, transfer, or otherwise dispose of the Contract or any portion

Statement of Qualifications Page 2 of 8 thereof, or his rights, title, or interest therein without the approval of the Owner and the Engineer. As a condition of this Agreement, the Contractor is required to perform the final installation of at least 60 percent of the work (based on total contract price awarded, complete in place) with personnel directly employed with the…

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