Loading...
East Dietz Creek Channel Improvements #14-PW-52-C-03 1THE CITY OF SCHERTZ TEXAS EAST DIETZ CREEK CHANNEL IMPROVEMENTS: BORGFELD ROAD TO 700 -FT DOWNSTREAM # 14- PW- 52 -C -03 CITY 0 let * N �r r �CO�I'O December 18, 2014 FEI Project No. _1124.8419_ SS(C1H[1F1RnFZ COMMUNITY* SERVICE* OPPORTUNITY CITY OF SCHERTZ, 1400 SCHERTZ PARKWAY, SCHERTZ, TEXAS 78154 TABLE OF CONTENTS BIDDING AND CONTRACT REQUIREMENTS: PAGE Table of Contents TC -1 Invitation to Bid IV - 1 Instructions to Bidders ITB - 1 Bid Proposal P —1 Performance Bond PB - 1 Payment Bond PYB - 1 Agreement between Owner and Contractor CA— 1 TC - 1 Table of Contents The City of Schertz Standard Specifications and Technical Specifications for construction dated May 2013 or latest edition applicable to this project are to be utilized. These specifications are available from the City of Schertz Public Works Department or from the City of Schertz Web Site. TECHNICAL SPECIFICATIONS DIVISION 1 GENERAL REQUIREMENTS 01110 Summary of Work INCLUDED HEREIN 01145 Use of Premises 01255 Change Order Procedures 01270 Measurement and Payment 01292 Schedule of Values 01312 Coordination and Meetings 01321 Construction Photographs 01325 Construction Schedule 01326 Construction Schedule (Bar Chart) 01330 Submittal Procedures 01340 Shop Drawings, Product Data, and Samples 01410 TPDES Requirements (with Attachments) 01422 Reference Standards 01450 Contractor's Quality Control 01452 Inspection Services 01454 Testing Laboratory Services 01502 Mobilization 01504 Temporary Facilities and Controls 01506 Diversion Pumping 01520 Temporary Field Office 01555 Traffic Control and Regulation 01562 Tree and Plant Protection 01570 Storm Water Pollution Control 01575 Stabilized Construction Exit 01576 Waste Material Disposal TC - 2 Table of Contents 01578 Control of Ground Water 01580 Project Identification Signs 01581 Excavation in Public Way Permit Signs 01610 Basic Product Requirements 01630 Product Substitution Procedures 01725 Field Surveying 01731 Cutting and Patching 01732 Procedures for Water Valve Assistance (with Attachments) 01740 Site Restoration 01755 Starting Systems 01770 Closeout Procedures 01782 Operation and Maintenance Data 01785 Project Record Documents DIVISION 2 SITEWORK 02084 Frames, Grates, Rings, and Covers 02085 Valve Boxes, Meter Boxes, and Meter Valves 02086 Adjusting Manholes, Inlets, and Valve Boxes to Grade 02221 Removing Existing Pavements and Structures 02233 Clearing and Grubbing 2260 Trench Safety System 02315 Roadway Excavation 02316 Excavation and Backfill for Structures 02317 Excavation and Backfill for Utilities 02319 Borrow 02320 Utility Backfill Materials 02321 Cement Stabilized Sand 02330 Embankment 02447 Auguring Pipe and Conduit 02501 Ductile Iron Pipe and Fittings 02502 Steel Pipe and Fittings TC - 3 Table of Contents 02503 Copper Tubing 02505 High Density Polyethylene (HDPE) Solid and Profile Wall Pipe 02506 Polyvinyl Chloride Pipe 02511 Water Lines 02512 Water Tap and Service Line Installation 02513 Wet Connections 02514 Disinfection of Water Lines 02515 Hydrostatic Testing of Pipelines 02516 Cut, Plug and Abandonment of Water Lines 02518 Steel Pipe and Fittings for Large Diameter Water Lines 02520 Fire Hydrants 02521 Gate Valves 02522 Butterfly Valves 02523 Pressure Reducing Valves 02524 Air Release and Vacuum Relief Valves 02525 Tapping Sleeves and Valves 02527 Polyurethane Coatings on Steel or Ductile Iron Pipe 02528 Polyethylene Wrap 02642 Corrugated Metal Pipe 02711 Asphalt Treated Base 02712 Cement Stabilized Base Course 02713 Flexible Base 02714 Flexible Base Course for Temporary Roads, Detours, Shoulders, and Driveways 02741 Asphaltic Concrete Pavement 02742 Prime Coat 02743 Tack Coat 02751 Concrete Paving 02752 Concrete Pavement Joints 02753 Concrete Pavement Curing 02754 Concrete Driveways TC - 4 Table of Contents 02761 Colored Concrete for Medians and Sidewalks 02762 Blast Cleaning of Pavement 02764 Raised Pavement Markers 02765 Temporary and Removable Reflectorized Pavement Markings 02767 Thermoplastic Pavement Markings 02771 Curb, Curb and Gutter, and Headers 02775 Concrete Sidewalks 02811 Landscape Irrigation 02911 Topsoil 02921 Hydromulch 02922 Sodding 02925 Flexible Growth Medium 02951 Pavement Repair and Resurfacing DIVISION 3 CONCRETE 03315 Concrete for Utility Construction DIVISION 4 MASONRY 04061 Mortar DIVISION 5 METALS DIVISION 6 WOOD AND PLASTICS DIVISION 7 THERMAL AND MOISTURE PROTECTION DIVISION 8 DOORS AND WINDOWS DIVISION 9 FINISHES DIVISION 10 SPECIALTIES TC - 5 Table of Contents DIVISION 11 EQUIPMENT DIVISION 12 FURNISHINGS DIVISION 13 SPECIAL CONSTRUCTION DIVISION 14 CONVEYING EQUIPMENT DIVISION 15 MECHANICAL DIVISION 16 ELECTRICAL TC - 6 Table of Contents CITY OF SCHERTZ INVITATION TO BID The City of Schertz (the "City ") is accepting sealed bids for the construction of "EAST DIETZ CREEK CHANNEL IMPROVEMENTS: BORGFELD ROAD TO 700 -FT DOWNSTREAM ", #14- PW- 52 -C -03: Sealed bids should be received by the Purchasing Department of the City of Schertz located at 1400 Schertz Parkway, Building #2, Schertz, Texas 78154 by 11:00 a.m. (CST) on January 15, 2015 via hand delivery. * *No fax or E -mail bids will be accepted. Sealed Bids will then be opened and read aloud in the City of Schertz Public Works Conference Room located at 10 Commercial Place, Building #2, Schertz, Texas 78154. Sealed Bids must be submitted with one (1) original and four (4) copies and be clearly marked in a sealed envelope as "EAST DIETZ CREEK CHANNEL IMPROVEMENTS: BORGFELD ROAD TO 700 -FT DOWNSTREAM #14 PW -52- C-03 ". Bids submitted after the aforementioned date and time will not be accepted. Be advised that if your company is contemplating responding to this BID you MUST register as a Schertz Vendor at www.publicpurchase.com so any changes /additions via Addendum can be accessed by your company. Vendor registration instructions can be found at www.schertz.com, Departments, Purchasing, Open Bids and click on the words Vendor Registration Instructions. Any questions in reference to this BID may be directed to Nancy Tumlinson, Purchasing & Asset Management at purchasing @schertz.com. Interested vendors /contractors may attend a Pre -Bid meeting on January 8, 2015 at 10:00 AM (CST) in the City of Schertz Public Works Conference Room located at 10 Commercial Place, Building #2, Schertz, Texas 78154. Plans are available from Public Purchase online at www.publiepurchase.com. Contractors may obtain copies of the contract documents, plans, and specifications from FORD ENGINEERING, INC, located at 10927 Wye Drive Suite 104, San Antonio, Texas 78217; a non - refundable fee of $50 (Fifty dollars) is required to obtain a copy of the plans to be paid by CHECK ONLY. Questions in reference to Bid procedures may be directed to the Purchasing Department, 210- 619 -1160, or questions in reference to the Project may be directed to Mark Hill, Ford Engineering, Inc., at 210 -590 -4777. Hand - deliver Bids: Purchasing & Asset Management Department, 1400 Schertz Parkway, Bldg. #2, Schertz, TX 78154 If using Land Courier (i.e., FedEx, UPS): Purchasing & Asset Management Department, 1400 Schertz Parkway, Bldg. #2 Schertz, Texas 78154. LABELING INSTRUCTIONS: Envelopes must be clearly marked: CITY OF SCHERTZ INVITATION TO BID #14- PW- 52 -C -03 "EAST DIETZ CREEK CHANNEL IMPROVEMENTS: BORGFELD ROAD TO 700 -FT DOWNSTREAM INSTRUCTIONS TO BIDDERS 1. Sealed bids, one original and four conies, will be received by the City, at the place and the time specified in the Invitation to Bid. No bids may be withdrawn after the scheduled bid opening time without the written consent of the City's Purchasing Manager. All bids received after the time set for the bid opening will be returned unopened. 2. Each bid must be accompanied by Certified or Cashier's Check or an approved Bid Bond in the amount of not less than five percent (5 %) of the total bid, payable without recourse to the City. Surety shall provide a copy of the Power of Attorney authorizing the Executing Agent the authority to execute the bid bond documents and bind the Surety to the bid bond conditions. Surety shall also provide evidence that the Surety is authorized to provide service in the State of Texas at the amount on the bid bond. Contractor agrees that bid bonds shall be with insurance companies or sureties that are A.M. Best Rated `B +" or better. Bid Bonds, Certified or Cashier's checks will be retained for the first, second, and third lowest bidders until the contract is executed. 3. Bids must be submitted on the proposal form attached and shall be sealed in an envelope plainly marked on the outside with job number, the date and time of the bid opening, and the name of material or services bid on. Samples, when required, must be submitted within the time specified at no expense to the City. If not destroyed or used up during testing, samples will be returned upon request at the Bidder's expense. 4. Bids will be prepared in accordance with the following: (a) The Bidder shall thoroughly examine the drawings, specifications, schedule, instructions and all other documents. (b) Bidder shall make all investigations necessary to inform himself thoroughly regarding plant and facilities for delivery of material and equipment as required by the bid conditions. No plea of ignorance by the Bidder of conditions that exist, or that may hereafter exist, as a result of failure or omission on the part of the Bidder to make the necessary examinations and investigations to fulfill in every detail the requirements of the contract documents, will be accepted as the basis for varying the requirements of the City or the compensation to the Contractor. 5. Bids will be prepared in accordance with the following: (a) The Bidder shall furnish all information required by the bid form. The Bidder shall print or type his name and manually sign the schedule and each continuation sheet on which any entry is made (b) Pursuant to Section 151.311 of the Texas Tax Code, as amended, in order for the City to continue to benefit fiom its status as a State Sales and Use Tax Exempt Organization, construction contracts must be awarded on a "separated contract" ITB - 1 Instructions to Bidders basis. A "separated contract" is one that distinguishes the value of the tangible personal property (materials such as pipe, bricks, lumber, concrete, paint, etc.) to be incorporated into the project from the total contract price. Under the "separated contract" format, the contractor in effect becomes a "seller" to the City of materials that are to be physically incorporated into the project realty. As a "seller ", the contractor will issue a "Texas Certificate of Resale" to the supplier in lieu of paying the sales tax on materials at the time of purchase. The contractor will also issue a "Certificate of Exemption" to the supplier demonstrating that the personal property is being purchased for resale and that the resale is to a department of the City, which is a sales tax exempt entity. Contractors should be careful to consult the most recent guidelines of the State Comptroller of Public Accounts regarding the sales tax status of supplies and equipment that are used and consumed during project work but that are not physically incorporated into the project realty. Contractors that have questions about this law are asked to inquire with the State Comptroller of Public Accounts, Tax Administration Division, State of Texas, Austin, Texas 78774 (512) 463 -4934. Bidders will not include any federal taxes in bid prices since the City, is exempt from payment of such taxes. "Texas Certificates of Exemption ", "Texas Certificates of Resale" and "Texas Sales Tax Permits" are forms available to the contractor through the regional offices of the State Comptroller of Public Accounts. 6. Any catalogue or manufacturer's reference used in describing an item is merely descriptive and not restrictive unless otherwise noted, and is used only to indicate type and quality of material. When items proposed differ in any way from those specified, Bidders are required to state exactly what they intend to furnish. Otherwise, they shall be required to furnish the items as specified. 7. The work shall be done and completed in accordance with the following Contract Documents as furnished by the City: The Invitation to Bid The Instructions to Bidders The Bid Proposal The Standard form of Agreement The Payment Bond The Performance Bond The Construction Specifications The Standard Drawings The Plans Addenda Change Orders 8. The successful Bidder will be required to execute the standard City Contract Agreement, Performance and Payment Bonds as outlined in the General Conditions. These forms will be prepared and furnished by the City. Surety shall provide a copy of the Power of Attorney authorizing the Executing Agent the authority to execute the bond documents and bind the Surety to the bond conditions. Surety shall also provide ITB - 2 Instructions to Bidders evidence that the Surety is authorized to provide service in the State of Texas at the amount on the Bond. Contractor agrees that all Performance and Payment Bonds required shall be with insurance companies or sureties that are A.M. Best Rated `B +" or better. If the contract amount does not exceed $25,000.00, then the Performance and Payment Bonds will not be required. 9. In all cases, the written unit price in the proposal shall govern. Where there is an error in the extension, the City will extend the written unit price and make any corrections necessary. Any error will be corrected, and the correct amount will be the basis for determining the bid position. 10. Bidders are advised that estimated quantities of anticipated requirements during the contract period are not calculated with certainty. It is the policy of the City, however, as a matter of prudent buying and contracting, to establish in advance of actual purchase or performance of the work, the price of the work which is anticipated, and the price on certain items calculated on the maximum number of a particular item which it might need during a contract period. Bidders are advised that during such period, the City may determine not to purchase any of the items or may delete any or all of the work listed in a bid proposal or invitation. Under such a contract, the City's only commitment is to purchase the items from or proceed with the work by the successful Bidder at the price bid if the City should, in fact, decide to purchase such items during the contract period or proceed with such work as proposed. On all bids, the City reserves the right to reject a bid, which in the City's judgment is "unbalanced." An "unbalanced bid" is defined as one in which a particular item or a class of items is bid at a figure sufficiently less than or higher than either general market price or Bidder's cost, so as to make the Bidder low on the overall bid but high on a significant number of other items. The City reserves the right to exercise its judgment and reject such a bid as unqualified. If such an unbalanced bid is nevertheless accepted by the City and the contract awarded, the City reserves the right to delete any or all of such items from the purchases to be made or work to be done. 11. The City will provide all necessary rights -of -way or easements for the project. 12. No owner, stockholder, partner, officer, or employee of the Bidder, or any person who has a financial interest in this contract in any way, whether direct or indirect, shall be an officer or employee of the City at the time of bidding on this contract, or during the life of this contract. Any violations of this provision will render the bid or contract void. 13. The Contractor will establish a local address and telephone number and file that information with the City Purchasing Manager prior to starting work. The Contractor's local address and telephone number will be maintained until the work is completed and accepted by the owner. 14. In case of ambiguity, duplication or obscurity in the bids, the City reserves the right to construe and apply the meaning thereof. The City reserves the right to reject any and all bids and to waive formalities. ITB - 3 Instructions to Bidders 15. The City reserves the right, subject to the Contractor's approval, to extend, any annual contract for an additional period of not more than one year, subject to the same terms and conditions as enumerated in the invitation and instruction to Bidders and at a price or prices not to exceed the prices quoted. 16. It is anticipated that the contract will be awarded within 60 days after bid opening to the lowest responsible Bidder whose bid, conforming to the invitation for bids, is most advantageous to the City. Bidders are advised that the awarding of contracts on a bid basis is a requirement of state law and city charter. The purposes of such requirements are: (1) to prevent the historic abuses of negotiated purchases; (2) to enable the City to use its purchasing power to buy at the lowest possible prices for the benefit of the system and the public; and (3) to enable the City to award the contract to other than the low Bidder when, in the City's judgment, the low Bidder is not qualified. Bidders are advised that it is not the intention of the City, necessarily, to award contracts on the basis of differences in the bids other than differences in basic "price of the item." The City reserves the right to take whichever action as may, in the judgment of the City, to be its best interest as follows: (1) Reject all bids: (2) Award the bids by the drawing of lots; or (3) Award the bids on the basis of differences other than price. Bidders are advised that the awarding of bids is a matter solely within the jurisdiction of the City. The City reserves the right to accept any items or groups of items in this bid. Execution of written acceptance of a bid by the City shall constitute an award. 17. The City may reject the apparent low Bidder when: (a) the Bidder misstates or conceals any material fact in the bid, or if (b) the Bidder does not conform with the law or the bid, or if (c) the bid is conditional, or if (d) the bid is unbalanced, or when (e) the lowest Bidder is not, in the City's judgment, qualified, or when (f) the lowest bid is not, in the City's judgment, the lowest and best bid, or if (g) the Bidder fails to acknowledge in the final bid price of the proposal and include signed copies thereof, any and all addenda issued prior to bid opening. As a courtesy to Bidders, every attempt will be made by the City to notify Bidders of any and all addenda issued; however, it is the full responsibility of each Bidder to verify the existence of and include with their proposal, any and all addenda issued by the City. The City reserves the right to reject any and all bids, to accept any bids, or parts thereof, considered by the City to be to its best interest, and to waive formalities or irregularities. 18. Before submitting a bid, the Bidder should examine carefully the Bid Proposal, Plans, Specifications, Special Conditions, General Conditions, and the form of the contract to be entered into for the work contemplated. He shall examine the site of the work and satisfy himself as to the conditions which will be encountered relating to the character, quality and quantity of work to be performed and materials to be furnished. Such examinations shall include the arrangement and condition of existing structures and ITB - 4 Instructions to Bidders facilities, the procedure necessary for maintenance of uninterrupted operation of existing facilities, the availability and cost of labor, and facilities for transportation, handling and storage of materials and equipment. The submission of a bid by the Bidder shall be conclusive evidence that he has complied with these requirements. The borings, profiles, existing underground utilities, and water elevations shown on the plans were obtained for the use of the City in the preparation of the plans, and the Bidder is hereby cautioned that the City neither assumes nor implies any responsibility for the accuracy of this data. Bidder expressly waives any claims for damages related to existing structures or underground facilities, whether depicted or omitted from plans and bid documents. 19. The Bidder in preparing his proposal, shall take cognizance of the difficulty of distinguishing between boulders and large rock, the difficulty of accurately classifying all material encountered in making the subsurface investigations, the possible erosion of stream channels and banks after survey data has been obtained, and the unreliability of water elevations other than those for the date recorded. Claims for additional compensation due to variations between conditions actually encountered during construction and as indicated in the plans will not be allowed. Bidder expressly waives such claims. 20. All contracts in excess of $100,000 with contractors or suppliers having 15 or more employees will include the clauses listed below: (a) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will assure that employees or applicants for employment are treated in a fair and equitable manner in such actions which shall include but not be limited to the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship. The Contractor will post in conspicuous places for the benefit of the employee and applicants for employment notices setting forth the provisions of this nondiscrimination clause. (b) Upon request, the Contractor will furnish to the City all information and reports and will permit access to the books, records, and accounts for the purposes of an investigation to ascertain compliance with rules and regulations set forth by this organization. (c) If a Contractor is found not to be in compliance with the nondiscrimination clause of this contract, the contract may be canceled, terminated, or suspended in all or in part and the Contractor may be debarred from further contracts with the City. (d) All Bidders or prospective Contractors or Subcontractors will be required to submit a statement in writing signed by an authorized official or agent in behalf of the ITB - 5 Instructions to Bidders company to the effect that the signer's practices and policies do not discriminate on the grounds of race, color, religion, sex, or national origin. The Contractor shall comply with all provisions of Executive Order 11246, Equal Employment Opportunity, dated 24 September 1965 or as amended and with Section 3 of the Housing and Urban Development Act of 1968 covering opportunities for business and lower financed HUD assisted projects. 21. Approval of Plans and/or Specifications by the Engineer shall not constitute an assumption of liability by the City or the Engineer for any inaccuracy of computation or deficiency of design therein. 22. Bidder shall not offer, confer, or agree to confer any benefit or gift to any City Employee, Officer, or Council Member of the City. 23. To assist the City in performing the bidder evaluation and subsequent recommendation of award, the apparent low bidder shall submit the following items within seven (7) days of the bid opening: (a) Financial resources, i.e., Dunn & Bradstreet report or similar. (b) An information packet on company showing experience, organization and equipment. (c) A statement regarding ability to complete the project within the schedule, taking into account existing commitments. (d) Record of performance on three (3) similar projects completed within the last 5 years including name of project, amount of project, project duration, name, address, and telephone number of contact person for each project. ITB - 6 Instructions to Bidders Project No. 1124.8419 EAST DIETZ CREEK CHANNEL IMPROVEMENTS: BORGFELD ROAD TO 700 -FT DOWNSTREAM #14- PW- 52 -C -03 BID PROPOSAL PROPOSAL of A partnership consisting of An individual doing business as TO THE CITY OF SCHERTZ: City of Schertz a corporation Pursuant to Instructions and Invitations to Bidders, the undersigned proposes to furnish all labor and materials as specified and perform the work required for the EAST DIETZ CREEK CHANNEL IMPROVEMENTS: BORGFELD ROAD TO 700 -FT DOWNSTREAM, #14- PW -52- C-03, Project No. 1124.8419 in accordance with the Plans and Specifications for the following prices to wit: BASE BID UNIT PRICES FOR: ITEM NO. ITEM DESCRIPTION (UNIT PRICE TO BE WRITTEN IN WORDS) UNIT QTY UNIT PRICE IN FIGURES I TOTAL IN FIGURES 1 TPDES -Storm Water Pollution Prevention Plan Dollars LS 1 $ $ and Cents 2 Mobilization Dollars LS 1 $ $ and Cents 3 Traffic Control and Regulation Dollars LS Cy SY 1 1983 344 $ $ and Cents $ $ 4 5 Channel Excavation Dollars and Cents $ $ Remove Concrete Rip Rap Dollars and Cents P -1 Bid Proposal Project No. 1124.8419 EAST DIETZ CREEK CHANNEL 1MPR 0 VEMENTS: BORGFELD ROAD TO 700 -FT DOWNSTREAM #14- PW- 52 -C -03 City of Schertz ITEM NO. ITEM DESCRIPTION (UNIT PRICE TO BE WRITTEN IN WORDS) UNIT QTY UNIT PRICE IN FIGURES TOTAL IN FIGURES 6 Concrete Rip Rap (5" Thickness) Dollars SY 344 $ $ and Cents $ and Cents 7 Hydromulch Dollars SY 5,634 $ $ and Cents 8 Erosion Control Matting (Flexterra) (Pilot Dollars SY 752 $ $ and Cents 9 Erosion Control Matting (Flexterra) (Bank Dollars SY 2,186 $ $ and Cents 10 Erosion Control Matting (LANDLOK 450) (Channel Bottom) Dollars SY 5,634 $ $ and Cents 11 Gabion Mattress Dollars SY 144.2 $ $ and Cents TOTAL BASE BID ADDITIVE ALTERNATE UNIT PRICES FOR: ITEM NO. ITEM DESCRIPTION (UNIT PRICE TO BE WRITTEN IN WORDS ) UNIT QTY UNIT PRICE IN FIGURES FTOTAL IN FIGURES 1 Concrete Rip Rap (5" Thickness) Dollars SY 372 $ $ and Cents TOTAL ADDITIVE ALTERNATE P -2 Bid Proposal Project No. 1124.8419 EAST DIETZ CREEK CHANNEL IMPROVEMENTS. BORGFELD ROAD TO 700 -FT DOWNSTREAM #14- PW- 52 -C -03 1. Complete the additional requirements of the Proposal which are included on the following pages. City of Schertz 2. Bidder must return pages P -1 through P -4 with this bid. Any and all Addenda which are issued by the City of Schertz with appropriate signatures acknowledging receipt shall be attached to and made part of this bid. 3. The Work included in this bid shall be Substantially Complete as defined in the General Conditions within 120 calendar days from the issuance of the Notice to Proceed. ADDITIONAL BIDDER INFORMATION Complete the additional requirements of the Proposal. All blanks must be filled in for the bid to be 1. What similar public works projects has your company completed? Owner Owner' Phone Number Project Description Date Completed Contract Amount P -1 Bid Proposal Project No. 1124.8419 City of Schertz EAST DIETZ CREEK CHANNEL IMPROVEMENTS: BORGFELD ROAD TO 700 -FT DOWNSTREAM #14- PW- 52 -C -03 PROPOSAL Accompanying this proposal is a Bid Bond or Certified or Cashier's, Check on a State or National Bank payable to the Order of the City of Schertz, Texas for dollars ($ ), which amount represents five percent (5 %) of the total bid price. Said bond or check is to be returned to the bidder unless the proposal is accepted and the bidder fails to execute and file a contract within 10 calendar days after the award of the Contract, in which case the check shall become the property of said City of Schertz, Texas, and shall he considered as payment for damages due to delay and other inconveniences suffered by said City of Schertz, Texas due to the failure of the bidder to execute the contract. The City of Schertz, Texas reserves the right to reject any and all bids. It is anticipated that the Owner will act on this proposal within 60 calendar days after the bid opening. Upon acceptance and award of the contract to the undersigned by the Owner, the undersigned shall execute standard City of Schertz, Texas Contract Documents and make Performance and Payment Bonds for the full amount of the contract within 10 calendar days after the award of the Contract to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and the guarantee period stipulated, and to guarantee payment of all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is anticipated that the Owner will provide written Authorization to Proceed within 10 days after the award of the Contract. The Contractor hereby agrees to commence work under this Contract immediately after issuance by the City of Schertz, Texas of the written Authorization to Proceed and to complete the work within 120 calendar days from the Notice to Proceed. Under no circumstances shall the work commence prior to Contractor's receipt of City of Schertz, Texas issued, written Authorization to Proceed. The undersigned certifies that the bid prices contained in the proposal have been carefully checked and are submitted as correct and final. In completing the work contained in this proposal the undersigned certifies that bidder's practices and policies do not discriminate on the grounds of race, color, religion, sex or national origin and that the bidder will affirmatively cooperate in the implementation of these policies and practices. Signed Company Name Authorized Company Signature Name Printed Address P -2 Bid Proposal PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, as Principal herein, and [Surety], a corporation organized and existing under the laws of the State of [Surety's state of incorp], and who is authorized and admitted to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Schertz, Texas, a municipal corporation with its principal location of 1400 Schertz Parkway, Schertz, Texas, Guadalupe County, Obligee herein, in the sum of [verbal amount of bond] Dollars ($[numeric amount of bond]) for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a certain written contract with the Obligee dated the day of , 20, herein referred to as "the Contract" and incorporated herein and made a part hereof for all purposes, for the construction of the East Dietz Creek Channel Improvements: Borgfeld Road to 700 -Ft Downstream. NOW, THEREFORE, the condition of this obligation is such, if the said Principal shall faithfully perform the work in accordance with the plans, specifications, and other Contract Documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's failure to perform the Work in conformity with the Contract Documents, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void; otherwise, to remain in full force and effect. Whenever Contractor shall be declared by Obligee to be in default under the Contract, the Surety shall, upon request of Obligee and within seven (7) calendar days from receipt of Obligee's notice of Contractor's default, commence and thereafter complete performance of Contractor's obligations under the Contract. This Bond covers all contractual obligations of Contractor under the Contract, including, without limitation, the indemnity, warranty and guaranty obligations. The Surety stipulates and agrees that no change, extension of time, alteration, omission, addition or other modification to the terms of any of the Contract will affect its obligations on this bond, and it hereby waives notice of any such changes, extensions of time, alterations, omissions, additions, or other modifications, to the Contract or to related subcontracts, purchase orders or other obligations, and any notices provided in such PB -1 Performance Bond regard shall not create as to any party a duty related thereto. The penal limit of this bond shall automatically be increased by the amount of any change order, supplemental agreement or amendment which increases the price of the Contract. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all rights and liabilities on this bond shall be determined in accordance with the provisions of such statute, to the same extent as if it were copied at length herein. All notices shall be delivered in writing to the addresses shown below or to addresses provided in the Contract Documents. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this day of , 20. The date of bond shall not be prior to date of Contract. ATTEST: (Principal) Secretary (S E A L) Witness as to Principal ATTEST: Secretary (S E A L) PRINCIPAL By: Name: Title: Address: Telephone Number: SURETY By: Name: Attorney in Fact Address: PB -2 Performance Bond Witness as to Surety Telephone Number: An original copy of Power of Attorney shall be attached to Bond by the Attorney -in -Fact. PB -3 Performance Bond Approved as to Form: City of Schertz 1400 Shertz Parkway Schertz, Texas 78154 By: John C. Kessell Title: City Manager PB -4 Performance Bond