PROJECT MANUAL

FOR

Phase 1 – Waterleaf Wastewater and

Reclaimed Water Improvements

IFB-2026-073

for the

CITY OF KYLE, TEXAS

Prepared for

CITY OF KYLE

100 W. CENTER ST. P.O. BOX 40

KYLE, TEXAS 78640

Contact:

Matt Cullen, P.E.

Project Manager

Prepared by

Cobb, Fendley & Associates, Inc.

Texas Engineering Firm No. F-274

320 Barnes Dr, Ste 106

San Marcos, Texas 78666

Contact:

Craig Wilson, P.E. Project Manager

Email: Craig.Wilson@cobbfendley.com

Phase 1 – Waterleaf Wastewater and Reclaimed Water Improvements Table of Contents

TABLE OF CONTENTS

City of Kyle Kyle, Texas

Phase 1 – Waterleaf Wastewater and Reclaimed Water Improvements

IFB-2026-073

SECTION DESCRIPTION NO. OF PAGES

FRONT END

00100 Advertisement for Bids 2

00200 Instructions to Bidders for Construction Contract 13

00400 Bid Form for Construction Contract 10

00405 Form of Bid Bond 2

00410 Qualifications Statement 9

00410A Qualifications Statement – Schedule A – Current Projects 1

00410B Qualifications Statement – Schedule B – Previous Experience 3 with Similar Projects

00410C Qualifications Statement – Schedule C – Key Individuals 2

00500 Notice of Award 1

00520 Agreement between Owner and Contractor for Construction 8

Contract (Stipulated Price)

00530 Notice to Proceed 1

00610 Form of Performance Bond 3

00620 Form of Payment Bond 3

00630 Form of Warranty Bond 2

00700 Standard General Conditions of the Construction Contract 5

Table of Contents

00700 Standard General Conditions of the Construction Contract 78

00800 Supplementary Conditions of the Construction Contract 1

00830 Wage Rates and Payroll Reporting 10

Phase 1 – Waterleaf Wastewater and Reclaimed Water Improvements Section 00100—Advertisement for Bids

ADVERTISEMENT FOR BIDS

City of Kyle Kyle, Texas

Phase 1 – Waterleaf Wastewater and Reclaimed Water Improvements

IFB-2026-073

The CITY OF KYLE (“Owner”) will receive BIDS for the Phase 1 – Waterleaf Wastewater and Reclaimed Water Improvements (“Project”) until 3:00 PM on August 24, 2026 at the link identified below at which time they will be publicly opened and read aloud, for furnishing all labor, material, tools, and equipment and performing all work required for the Project.

The City will receive Bids electronically through https://procurement.opengov.com/portal/cityofkyle under bid ID IFB-2026-073.

Bids are invited for the items and scope of work as follows:

The work consists of improvements of wastewater and reclaimed water pipelines. This includes installation of approximately 1,855 LF of 30” Wastewater line via open trench, required appurtenances and connection to the existing 48” gravity wastewater influent line in the existing Wastewater Treatment Plant located east of the Waterleaf Subdivision in Kyle, Texas to the Plum Creek Tributary. Wastewater improvements will include the installation of a 12'x12' junction box, 8'x8' junction box, and 6' Dia manholes. This project also includes the installation of approximately 1,891 LF of 12” reclaimed water line via open trench, required appurtenances and connection to the existing 18” reclaimed waterline at the Wastewater Treatment Plant to the Plum Creek Tributary.

Construction services for this project will be selected through sealed Bids in accordance with Chapter 2269, of the Texas Government Code.

The Project has an expected duration of 160 calendar days.

Bids must be submitted on the Bid Form provided and must be accompanied by bid security in a penal sum approximately equal to not less than five percent (5%) of the total amount of the bid. The security shall be in the form of a certified check or cashier’s check or bid bond furnished by a reliable surety company having authority under the laws of Texas to write surety bonds in the amount required, with such security made payable without recourse to the City of Kyle. The envelope containing the Bid shall indicate clearly on the front that the Bid is for Phase 1 – Waterleaf Wastewater and Reclaimed Water Improvements.

Instructions to Bidders, Bid Forms, Specifications, Contract Documents, and other information and Bid Documents for the Project will be on file by July 20, 2026, and may be examined at City of Kyle OpenGov procurement portal (https://procurement.opengov.com/portal/cityofkyle).

All such documents will also be provided on OpenGov for immediate download by such date. Please go to www.opengov.com. The Project ID is “IFB-2026-073”. Prospective Bidders shall address written inquiries through the Project’s OpenGov website. Hard copies of Contract Documents are not available.

A non-mandatory pre-Bid virtual conference will be held on July 28, 2026, at 10:30 AM. A link to attend the virtual conference will be posted on the City of Kyle OpenGov procurement portal (https://procurement.opengov.com/portal/cityofkyle).

https://procurement.opengov.com/portal/cityofkyle https://procurement.opengov.com/portal/cityofkyle

Phase 1 – Waterleaf Wastewater and Reclaimed Water Improvements Section 00100—Advertisement for Bids

The websites will be updated periodically with addenda, reports, and other information relevant to submitting a Bid for the Project. All official notifications, addenda, and other Bid Documents will be offered only through the designated website. Neither Owner nor Engineer will be responsible for Bid Documents, including addenda, if any, obtained from sources other than the designated website.

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

Bidders should carefully examine the plans, specifications and other documents, visit the site of work, and fully inform themselves as to all conditions and matters which can in any way affect the work or the cost thereof. Should a Bidder find discrepancies in, or omissions from, the plans, specifications or other documents, or should be in doubt as to their meaning, Bidder should notify the Project Engineer via https://procurement.opengov.com/portal/cityofkyle. Obtain clarification prior to submitting any Bid by posing questions via the OpenGov website, but no later than 5:00 PM on August 17, 2026. Answers to such questions pertaining to the Bids will be posted on the OpenGov website no later than 5:00 PM on August 19, 2026. Bidder shall be responsible for checking the OpenGov website for the most up-to-date information before submitting a Bid.

During the pendency of this IFB, Bidders shall not contact any City staff except those designated herein this IFB or subsequent addendums or correspondence.

Phase 1 – Waterleaf Wastewater and Reclaimed Water Improvements Section 00200—Instructions to Bidders for Construction Contract

INSTRUCTIONS TO

BIDDERS FOR CONSTRUCTION CONTRACT

ARTICLE 1—DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions.

ARTICLE 2—BID DOCUMENTS

2.01 Complete Bid Documents and Contract Documents have been uploaded to OpenGov for immediate download (https://procurement.opengov.com/portal/cityofkyle). The Project ID is “IFB-2026-073.” Prospective Bidders shall address written inquiries through the Project’s OpenGov website. Hard copies of Contract Documents are not available. It is Bidder’s responsibility to determine that it is using a complete set of documents in the preparation of its Bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers.

2.02 Bid Documents are made available for the sole purpose of obtaining Bids for completion of the Project and permission to download or distribution of the Bid Documents does not confer a license or grant permission or authorization for any other use. Authorization to download documents, or other distribution, includes the right for Bidders to print documents solely for their use, and the use of their prospective Subcontractors and Suppliers. Printed documents may not be re-sold under any circumstances. Ownership of the Bid Documents shall remain with Owner.

2.03 Owner has established a Bid Documents Website on OpenGov, as stated in Paragraph 2.01 herein (“Bid Website”) and as indicated in the Advertisement or Invitation to Bidders. Owner recommends that Bidder obtain a complete set of the Bid Documents from such website. Bidders may rely that sets of Bid Documents obtained from the Bid Website are complete, unless an omission is blatant. Addenda shall be posted on the Bid Website or otherwise distributed to Bidders.

ARTICLE 3—QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, Bidder shall submit with its Bid the following information:

A. The names and positions of the individuals authorized to bind Bidder’s company, including attesting or countersigning officers.

B. An organization chart showing the principals and management personnel who will be involved with the proposed Work.

C. The resumes of the superintendent and supervisors for the various disciplines and crafts required for the Project.

D. A proposed Progress Schedule estimating the completion of the major tasks of the project.

E. Current insurance certificate(s) with limits consistent with requirements of these Contract Documents.

Phase 1 – Waterleaf Wastewater and Reclaimed Water Improvements Section 00200—Instructions to Bidders

F. Such other information required under the Qualifications Statement or as required to evaluate Bid or Bidder.

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

ARTICLE 4—PRE-BID CONFERENCE

4.01 A pre-Bid conference will be conducted for this Project.

Date: July 28, 2026

Time: 10:30 AM

For additional information, please see Project ID “IFB-2026-073” at the OpenGov portal link below.

https://procurement.opengov.com/portal/cityofkyle

All Bidders are highly encouraged to attend this online meeting to learn more about the requirements of this solicitation.

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

5.01 Site and Other Areas

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

5.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

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

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

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

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

d. Technical Data contained in such reports and drawings.

B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05 of the General Conditions, and not in the drawings referred to in Paragraph 5.02.A of these Instructions to Bidders. Information and data regarding the https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fprocurement.opengov.com%2Fportal%2Fcityofkyle&data=05%7C02%7Callen.crozier%40hdrinc.com%7Cade4661606db4b00358c08ddf09cc9f0%7C3667e201cbdc48b39b425d2d3f16e2a9%7C0%7C0%7C638931278474689960%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=snDZqPp%2FZLJK1C5XBGjrAIZK64%2FXqbivdMsjfoXJ8KY%3D&reserved=0

Phase 1 – Waterleaf Wastewater and Reclaimed Water Improvements Section 00200—Instructions to Bidders presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data.

C. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bid Documents due to differing or unanticipated conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in Paragraph

5.06 of the General Conditions.

5.03 Other Site-related Documents

A. No other Site-related documents are available.

5.04 Site Visit by Bidders

A. Bidder is recommended to visit the Site and conduct a thorough visual examination of the Site and adjacent areas to become familiar with and satisfy Bidder as to the general, local, and Site conditions that may factor into its Bid. During the visit the Bidder must not disturb any ongoing operations at the Site.

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

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

5.05 Other Work at the Site

A. Reference is made to Article 8 of the General Conditions and the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bid Documents.

ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with the requirements of the IFB, that, without exception, other than any stated in Article 7 of the Bid Form, the Bid is premised upon performing and furnishing the Work required by the Contract Documents, and applying the specific means, methods, techniques, sequences, or procedures of construction (if any) that may be shown or indicated

Phase 1 – Waterleaf Wastewater and Reclaimed Water Improvements Section 00200—Instructions to Bidders or expressly required by the Contract Documents, the Bidder has given Owner and Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Contract Documents, and written resolutions thereof by Owner and Engineer are acceptable to Bidder, that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work, that the Bidder has no questions regarding the Work, that the Bidder has all information necessary to make a fully informed Bid, and that the Bidder has conducted all tests at the site it deems necessary.

6.02 Express Representations and Certifications in Bid Form, Agreement

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

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

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

ARTICLE 7—INTERPRETATIONS AND ADDENDA

7.01 Bidder shall submit all questions about the meaning or intent of the Bid Documents to Owner and Engineer in writing. Contact information and submittal procedures for such questions are as follows:

A. All inquiries or requests regarding this solicitation must be submitted in writing online via City of Kyle OpenGov procurement portal

(https://procurement.opengov.com/portal/cityofkyle) only using the electronic question submission feature specific to this solicitation. Such inquiries or requests must be submitted by the due date and time for clarifications provided in this solicitation.

B. Any attempt to question City employees regarding this solicitation outside of OpenGov may result in the City disqualifying that Bidder. Only written responses in OpenGov will be binding regarding inquiries requesting clarification or additional information. Written responses will be released in the form of an Addendum. Bidders must acknowledge receipt of all Addenda.

7.02 Interpretations or clarifications considered necessary by Owner in response to such questions will be issued by Addenda posted on the Bid Website.

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

Phase 1 – Waterleaf Wastewater and Reclaimed Water Improvements Section 00200—Instructions to Bidders

Documents unless set forth in an Addendum that expressly modifies or supplements the Contract Documents.

ARTICLE 8—BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of five percent (5%) of Bidder’s Bid Price and in the form of a bid bond issued by a surety meeting the requirements of Paragraph 6.01 of the General Conditions. Such bid bond will be issued in the form included in the Bid Documents.

8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract, furnished the required Contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract and furnish the required Contract security within ten (10) days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited, in whole in the case of a penal sum bid bond, and to the extent of Owner’s damages in the case of a damages-form bond. Such forfeiture will be Owner’s exclusive remedy if Bidder defaults.

8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven (7) days after the Effective Date of the Contract or sixty-one (61) days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

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

ARTICLE 9—CONTRACT TIMES

9.01 The Contract Times are set forth in the Agreement.

9.02 Provisions for liquidated damages are set forth in the Agreement.

ARTICLE 10—SUBSTITUTE AND “OR EQUAL” ITEMS

10.01 The Contract for the Work, if awarded, will be on the basis of materials and equipment specified or described in the Bid Documents without consideration during the Bid and Contract award process of possible substitute or “or-equal” items. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or “or-equal” item of

Phase 1 – Waterleaf Wastewater and Reclaimed Water Improvements Section 00200—Instructions to Bidders material or equipment, application for such acceptance may not be made to and will not be considered by Engineer until after the Effective Date of the Contract.

ARTICLE 11—SUBCONTRACTORS, SUPPLIERS, AND OTHERS

11.01 Bidder must submit to Owner a list of the Subcontractors or Suppliers proposed for the following portions of the Work with the submitted Bid, with evaluations for the following critical Suppliers and Subcontractors:

Project Scope: NA

11.02 Bidder using subcontractors must comply with the terms of the contract documents. Bidder is responsible for all subcontractor acts and omissions to the same extent as if the subcontractor and its employees were employees of the Bidder. All requirements set forth as part of the contract documents are applicable to all subcontractors and their employees to the same extent as if the Bidder and its employees had performed the services.

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

11.04 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next highest scoring Bidder that proposes to use acceptable Subcontractors and Suppliers. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder.

ARTICLE 12—PREPARATION OF BID

12.01 The Bid Form is included with the Bid Documents.

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

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

12.02 Each and every deviation or exception to the Bid Documents shall be listed on the Bid Form upon submission of your Bid. Listing of deviations and exceptions is an integral and required part of your Bid. Any deviations or exceptions not listed on the Bid Form upon submission of your Bid will not become part of the Contract awarded by the City pursuant to this IFB.

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

Phase 1 – Waterleaf Wastewater and Reclaimed Water Improvements Section 00200—Instructions to Bidders

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

12.05 A Bid by a limited liability company must be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown.

12.06 A Bid by an individual must show the Bidder’s name and official address.

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

12.08 All names must be printed or typed in ink below the signatures.

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

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

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

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

12.13 By submitting a Bid, Bidder acknowledges and agrees that Owner reserves the right to:

A. Reject any and all Bids received;

B. Modify the timeline in this IFB;

C. Issue a subsequent IFB;

D. Without prior notice, supplement, amend or otherwise modify this IFB, prior to the date of the submission of the Bids;

E. Issue one or more Addendums to this IFB, including extending the due date for the Bids;

F. Cancel, postpone, extend or withdraw the entire IFB, in whole or in part with or without substitution of another IFB if determined to be in the best interest of Owner;

G. Remedy or waive any defect or technical errors in the IFB process;

H. Negotiate with any, all, or none of the Bidders;

I. Accept the written Bid as an offer;

J. Waive informalities, deficiencies and/or irregularities or accept and review a non-conforming Bid;

K. Request additional information or clarification;

Phase 1 – Waterleaf Wastewater and Reclaimed Water Improvements Section 00200—Instructions to Bidders

L. Conduct investigations with respect to the qualifications and experience of each Bidder;

M. Contact any Bidder for clarification after responses are opened and/or to further negotiate with any Bidder if such is deemed desirable by Owner;

N. Eliminate any Bidder which submits an incomplete or inadequate Bid or is not responsive to the requirements of this IFB; and

O. Take any action affecting the process, the IFB process, or the Project subject to this IFB that would be in the best interest of Owner.

12.14 The Owner may choose not to accept an incomplete Bid. A Bid that has one or more of the deficiencies listed below is considered incomplete:

A. The Bid Form was not signed;

B. All certifications were not acknowledged;

C. A regular item, additive alternative item or deductive alternate item is left blank;

D. A regular item and the corresponding replacement alternative items are left blank; or

E. All addenda were not acknowledged.

ARTICLE 13—BASIS OF BID

13.01 Unit Price

A. Bidders must submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form.

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

C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

ARTICLE 14—SUBMITTAL OF BID

14.01 The Bid Documents include a copy of the Bid Form, and the bid bond form. The copy of the Bid Form is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of the Bid Form.

14.02 A Bid must be received no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation to Bidders and must be enclosed in a plainly marked package with the Project title, and, if applicable, the designated portion of the Project for which the Bid is submitted, the name and address of Bidder, and must be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid must be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid must be addressed to the location designated in the Advertisement.

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

Phase 1 – Waterleaf Wastewater and Reclaimed Water Improvements Section 00200—Instructions to Bidders

ARTICLE 15—MODIFICATION AND WITHDRAWAL OF BID

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

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

15.03 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, the Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is reissued for Bid, the Bidder will be disqualified from further Bid on the Work.

ARTICLE 16— PROTEST PROCEDURES

16.01 These protest procedures apply to procurement of goods, services, or public works by the City of Kyle, including those where federal funds are used in whole or part. These procedures are also applicable to recipients of grants awarded by the City of Kyle who intend to provide such funds to subrecipients. This protest process does not create due process rights but provides an avenue for bidders/Bidders to raise concerns about actions related to a bid or competitive solicitation process.

16.02 The City’s Procurement Division has the authority to settle or resolve any alleged deficiencies or protests. Protests must follow the specific procedures outlined below. Failure to comply with these requirements may result in the dismissal of the protest by the Procurement Officer.

16.03 The City of Kyle will only consider protests related to the following issues:

A. Violation of local, state, or federal regulations.

B. Issues with the solicitation document that result in an unfair advantage or an unlevel playing field.

C. Errors in the tabulation or evaluation of bids or Bids.

16.04 Protest Process

A. Timeframe: A protest must be submitted in writing to the City of Kyle's Procurement Division within five (5) business days after the date the protestor was notified of the award decision or non-award notice. If the protestor fails to submit the protest within this timeframe, the protest will be considered waived.

B. Method: Protests must be submitted in writing to:

City of Kyle Procurement Division

100 W. Center Street

Kyle, Tx 78640

C. Protest Contents: The protest must include:

1. Name, address, and contact information of the protestor

Phase 1 – Waterleaf Wastewater and Reclaimed Water Improvements Section 00200—Instructions to Bidders

2. Solicitation number and name of the solicitation

3. A clear statement of the grounds for the protest, including facts, legal theory, and specific references to relevant solicitation provisions.

4. A detailed explanation of the relief or remedy sought.

5. Signature of the protestor or their representative, including evidence of authority to sign

D. Acknowledgement of Protest: Upon receipt of the protest, the Procurement Division will acknowledge the receipt within three (3) business days and will provide the protestor with timeline of the internal review schedule.

E. Review of Protest

1. The Procurement Division, along with legal counsel or other designated City officials, will review the protest.

2. The City may request additional information from the protestor, the awarded vendor, or any other parties involved in the procurement process.

3. The review process is intended to determine if the protest has merit and if any procedural errors, legal violations, or issues occurred during the procurement process.

F. Resolution of Protest

1. Protest Decision: The Procurement Division will issue a written decision within fifteen

(15) business days of receiving the protest. This decision will include:

a. A summary of the protest.

b. The analysis of the protest’s grounds.

c. A determination as to whether the protest is upheld or denied.

2. Possible Outcomes:

a. If the protest is upheld, the City may:

1) Re-evaluate the bid or Bids.

2) Re-open the procurement process if necessary.

3) Modify the award decision or take corrective action.

b. If the protest is denied, the original award decision will stand, and no changes will be made to the procurement process.

G. Impact on Award of Contract

1. The City reserves the right to delay the contract award until the protest is resolved.

2. If the City determines that the protest is valid and that the award decision was incorrect, the City may cancel the contract award, re-evaluate bids, or take any necessary corrective actions.

Phase 1 – Waterleaf Wastewater and Reclaimed Water Improvements Section 00200—Instructions to Bidders

3. While a protest is pending, the City generally will not make an award until the protest has been resolved. However, the City may proceed with an award if the City Manager or Procurement Officer determines that:

a. The City urgently needs the supplies or services, or

b. Delay in making an award would unduly impact the delivery or performance of services.

H. Federal Agency Review: If federal funds are involved, the protestor must exhaust all administrative remedies within the City’s protest process before appealing to the appropriate federal agency. The federal agency review will be limited to:

1. Violations of applicable federal law or regulations; and

2. Violations of the City’s protest procedures, including failure to review the protest.

I. Finality of Decision: The decision by the City of Kyle, through the Procurement Division or its designated representative, is final and binding.

ARTICLE 17—OPENING OF BIDS

17.01 Bids will be opened at the time and place indicated in the advertisement or invitation to Bidders and, unless obviously non-responsive, read aloud publicly.

ARTICLE 18—BIDS TO REMAIN SUBJECT TO ACCEPTANCE

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

ARTICLE 19—EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, 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 an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability. Owner also reserves the right to waive all minor Bid informalities not involving price, time, or changes in the Work.

A. More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

19.02 Owner reserves the right to reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible.

19.03 If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bid Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, Phase 1 – Waterleaf Wastewater and Reclaimed Water Improvements Section 00200—Instructions to Bidders whether in the Bid itself or in a separate communication to Owner or Engineer, then Owner may reject the Bid as nonresponsive.

19.04 If Owner awards the contract for the Work, such award will be to the responsible Bidder with the lowest bid.

19.05 Evaluation of Bids

A. In evaluating Bids, Owner will consider whether the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award.

19.06 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bid Documents.

19.07 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidder and any proposed Subcontractors or Suppliers.

19.08 If the contract is to be awarded, Owner will give Successful Bidder a Notice of Award within ninety

(90) days after the day of the Bid opening.

19.09 The Texas Ethics Commission adopted the attached Conflict of Interest Questionnaire (Form CIQ) pursuant to Texas Local Government Code Chapter 176, as amended. Bidder shall complete Form CIQ, attached to the Bid Form, as part of its Bid.

19.10 Provision of Texas Ethics Commission Form 1295 (“TEC Form 1295”) by Bidders: Effective January 1, 2016, pursuant to Texas Government Code § 2252.908 (the “Interested Party Disclosure Act” or the “Act”), the Owner may not award the contract to a Bidder unless the Bidder has provided to the Owner a completed, 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. The TEC Form 1295 may accompany the Bid or may be submitted separately but must be provided to the Owner prior to the award of the contract.

For purposes of completing the TEC Form 1295, the entity’s name is the City of Kyle; the contract ID number is IFB-2026-073; and the description of goods and services is Phase 1 – Waterleaf Wastewater and Reclaimed Water Improvements. Neither the Owner nor its consultants have the ability to verify the 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.

ARTICLE 20—BONDS AND INSURANCE

20.01 Article 6 of the General Conditions, as modified, sets forth Owner’s requirements as to performance and payment bonds, other required bonds (if any), and insurance. When the

Phase 1 – Waterleaf Wastewater and Reclaimed Water Improvements Section 00200—Instructions to Bidders successful Bidder delivers the executed Agreement to Owner, it must be accompanied by required bonds and insurance documentation.

20.02 Article 8, Bid Security, of these Instructions, addresses any requirements for providing bid bonds as part of the Bid process.

ARTICLE 21—SIGNING OF AGREEMENT

21.01 When Owner issues a Notice of Award to the Successful Bidder, it will be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within ten (10) days thereafter, Successful Bidder must execute and deliver the required number of counterparts of the Agreement and any bonds and insurance documentation required to be delivered by the Contract Documents to Owner.

ARTICLE 22—SALES AND USE TAXES

22.01 The Owner is tax exempt under Tax code, Subtitle E. SALES, EXCISE, AND USE TAXES, Section 151.309.

ARTICLE 23—RETAINAGE

22.01 Retainage shall be withheld as set forth in the Contract Documents.

Phase 1 – Waterleaf Wastewater and Reclaimed Water Improvements Section 00400—Bid Form for Construction Contract

BID FORM FOR CONSTRUCTION CONTRACT

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 1 - OWNER AND BIDDER

1.01 Bidder’s Name: __________________

This Bid is submitted to: City of Kyle

Project No.: IFB-2026-073

Project Name: Phase 1 – Waterleaf Wastewater and Reclaimed Water Improvements

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 Bid Documents to perform all Work as specified or indicated in the Bid Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bid Documents.

1.03 Bidder understands and agrees that the Owner has the right to reject any or all Bids and to waive any minor technicalities.

1.04 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bidders and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for ninety (90) days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

ARTICLE 2 - ATTACHMENTS TO THIS BID

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

A. Required Bid security;

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

C. Required Bidder Qualification Statement with supporting data;

ARTICLE 3 - BASIS OF BID—LUMP SUM BID AND UNIT PRICES

3.01 Contract Price

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

ITEM ITEM DESCRIPTION UNIT

UNIT PRICE PROJECT TOTAL

QTY COST

101S-B Preparing Right-of-Way STA. $ 18.7 $

203S-A Moisture Conditioned Or Lime Stabilized Subgrade, (8" Thick) SY $ 113 $

210S-A Flexible Base CY $ 34 $

340S-B-3.5 Hot Mix Asphalt Concrete Pavement, 3.5 Inches, Type D SY $ 113 $

430S-A P.C. Concrete Curb and Gutter (Excavation) LF $ 62 $

506S-CN-

WW

Connection to Existing Wastewater Line EA $ 1 $

506J8x8 Junction Box, 8 ft x 8 ft EA $ 1 $ 506J12X12 Junction Box, 12 ft x 12 ft EA $ 1 $

506-M6 Pre-Cast Polymer Concrete Manhole, w/Pre-cast Base, 6' Dia EA $ 4 $

506-D6 Drop Manhole With Pre-Cast Base, 6' Dia EA $ 2 $

506-EDM6 Extra Depth Manhole, 6' Dia VF $ 73 $

509S-1 Trench Excavation Safety Protection Systems (All Depths) LF $ 3,794 $

510-AW12-

Dia

Pipe, 12" Dia. C900 PVC (all depths), including excavation and backfill

LF $ 1,252 $

510-

AWRJ12-

Dia

Factory Restrained Joint Pipe, 12" Dia. C900 PVC (all depths), including excavation and backfill

LF $ 639 $

510-

AWW8-

PVC

Pipe, 8" Dia. PVC SDR-26 (All Depths), Including Excavation And Backfill

LF $ 14 $

510-

AWW30-

PVC

Pipe, 30" Dia. PVC SDR-26 (All Depths), Including Excavation And Backfill

LF $ 1,777 $

510-

AWW48-

PVC

Pipe, 48" Dia. PVC-SDR (All Depths), Including Excavation And Backfill

LF $ 78 $

510-KW Ductile Iron Fittings TON $ 1.72 $ 511-A 12" Gate Valve EA $ 2 $ 511-D Drain Valve Assemblies EA $ 2 $

511-E-WL-

T2

Combination Air Valve (CAV) Assembly, Diameter. (See Standard No. 511-AW-04A, "Type II")

EA $ 1 $

641S Stabilized Construction Entrance EA $ 2 $ 642S Silt Fence LF $ 2,295 $

803S-MO

Barricades, Signs, & Traffic Handling

MO $ 2 $

S01545 Temporary Wastewater Bypass Pumping at WWTP

EA $ 1 $

C. Bidder acknowledges that:

1. Each Proposed Unit Price has been computed in accordance with Paragraph 13.03 of the General Conditions, and

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

3.02 Total Bid Price (Lump Sum and Unit Prices)

Total Bid $

ARTICLE 4 - TIME OF COMPLETION

4.01 Bidder agrees that the Work will be substantially complete in accordance with Paragraph 4.01 of the General Conditions on or within 130 calendar days. Bidder agrees that the Work will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or within 30 calendar days following the date of Substantial Completion.

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

4.03 Bidder may suggest strategies that can be used to minimize delays, maximize value of the Project, avoid unknowns, and save time for the Owner’s consideration.

ARTICLE 5 - BIDDER’S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD, INSTRUCTIONS, AND RECEIPT OF

ADDENDA

5.01 Instructions to Bidders

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

5.02 Receipt of Addenda

A. Bidder hereby acknowledges receipt of the following Addenda:

Addendum Number Addendum Date

ARTICLE 6 - BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Bidder’s Representations

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

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

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

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

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

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

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

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

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

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

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

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

6.02 Bidder’s Certifications

A. The Bidder certifies the following:

1. 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.

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

3. Bidder has not solicited or induced any individual or entity to refrain from Bid.

4. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 6.02.A:

a. Corrupt practice means…