0100/Instructions to Bidders

Bidding Requirements, Contract Forms & Conditions of the Contract

Instruction to Bidders Section 0100

1. Defined Terms

Terms used in these instructions to Bidders, which are defined in the Standard General Conditions of the Construction Contract, have the meanings assigned to them in the General Conditions. The term “Bidder” means one who submits a Bid directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term “Successful Bidder” means the lowest, qualified, responsible and responsive Bidder to whom Owner (on the basis of Owner’s evaluation as hereinafter provided) makes an award. The term “Bidding Documents” includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (Including all Addenda issued prior to receipt of Bids).

2. Copies of bidding Documents

Complete sets of the Bidding Documents in the number and for the sum stated in the Advertisement or Invitation to Bid may be obtained from ENGINEER. The sum for the Project Documents is not refundable.
Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.
OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use.

3. Qualifications of Bidders

To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days of OWNER’s request written evidence, such as financial data, previous experience, present commitments and other such data as may be called for below. Each Bid must contain evidence of Bidder’s qualification to do business in the state of Texas or covenant to obtain such qualification prior to award of the contract.

4. Examination of Contract Documents and Site

It is the responsibility of each Bidder before submitting a Bid, to: (a) examine the Contract Documents thoroughly; (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work; (c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work; (d) study and carefully correlate Bidder’s observations with the Contract Documents; and (e) notify ENGINEER of all conflicts, errors or discrepancies in the Contract Documents.
Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to OWNER and ENGINEER by owners of such Underground Facilities or others and OWNER does not assume responsibility for the accuracy of completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions.
On request in advance, OWNER will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary fro submission of a Bid. Bidder shall fill all holes, clean up, and restore the site to its former condition upon completion of such explorations. The Bidder shall be responsible for the expenses associated with such tests and explorations.
The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by OWNER unless otherwise provided in the Contract Documents.
The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

5. Interpretations and Addenda

All questions about the meaning or intent of the Contract Documents are to be directed to ENGINEER. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addend mailed or delivered to all parties recorded by ENGINEER as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.
Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or ENGINEER.

6. Bid Guaranty

All Bids shall be accompanied by a bid guaranty in an amount of not less than five percent (5%) of the total Bid. If the total Bid amount is $100,000 or less, bidder has the option of providing a cashier's or certified check, made payable to New Braunfels Utilities, or a bid bond with Power of Attorney attached, issued by a solvent surety authorized under laws of the State of Texas and acceptable to OWNER. If the total Bid amount exceeds $100,000, the only acceptable bid guaranty will be a bid bond with Power of Attorney attached, issued by a solvent surety authorized under laws of the State of Texas and acceptable to OWNER.

Bid guaranty accompanying the Bid of the apparent low bidder will be retained until Contract is awarded and successful bidder executes Contract and furnishes required bonds and insurance, after which bid guaranty will be returned to the bidder. Bid guaranty accompanying the second lowest bidder will be retained until Contract is awarded. All other bid guaranties will be returned after Bid certification.

7. Performance and Payment Bonds

When performance and/or payment bonds are required, each shall be issued in an amount equal to the Contract Amount as security for the faithful performance and/or payment of all Contractor's obligations under the Contract Documents. Performance and payment bonds shall be issued by a solvent company authorized to do business in the State of Texas, and shall meet any other requirements established by law or by OWNER pursuant to applicable law.

8. Contract Time

The number of days within which, or the dates by which, the Work is to be completed and ready for final payment (the Contract Time) are set forth in the Agreement.

9. Submission of Bid

Each Bid, completed and signed by person(s) authorized to bind individual, partnership, firm, corporation, or any other legal entity, shall include the following in one envelope furnished by OWNER:

(a) One copy of Bid form (Section 0300) completed and signed.

(b) Acknowledgment of receipt of Addenda issued in spaces provided in Bid form.

(d) Copy of Articles of Partnership or Incorporation and resolution, or corporate board minutes empowering signatory to bind bidder, attested by an officer of bidder.

(e) One copy of Insurance, completed and signed.

(f) Required information indicated in Drawings or Project Manual.

Bid shall include all specified items in this section and be placed in envelopes furnished by OWNER, sealed and clearly identified on outside as a Bid to OWNER, with bidder’s name and address, and project name. Failure to submit Bid in these envelopes may subject bidder to disqualification. Bid may be mailed or delivered (in person or by Federal Express, Express Mail or other delivery service) to:

New Braunfels Utilities

Water Systems Engineering

263 E. Main Plaza

P.O. Box 310289

New Braunfels, TX 78131-0289

When sent by mail, Federal Express, Express Mail, or other delivery service, sealed Bid (marked as indicated above) shall be enclosed in an additional envelope clearly identified on outside as a Bid to OWNER with bidder’s name and address, Project name, and Bid date and time. It is the sole responsibility of the Bidder to ensure timely delivery of Bid. OWNER will not be responsible for failure of service on the part of the U.S. Post Office, courier services, or any other form of delivery service chosen by the Bidder.

10. 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 to the place where Bids are to be submitted at any time prior to the opening of Bids.
If, within twenty-four hours after Bids are opened, and 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, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the work to be provided under the Contract Documents.

11. Opening of Bids

Bids will be opened and read aloud publicly. An abstract of the amounts of the base Bids and alternatives will be made available to Bidders after the opening of Bids.

12. Bids to Remain subject to Acceptance

All Bids will remain subject to acceptance for thirty days after the day of the Bid opening, but OWNER may, in its sole discretion, release any Bid and return the Bid security prior to that date.

13. Award of Contract

OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right 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 or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.
In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternatives, and other data, as may be requested in the Bid Form or prior to the Notice of Award.
If the Contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the Project. The Total Base Bid will be the basis of evaluation.
If the contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within thirty days after the day of the Bid opening.
OWNER reserves the right to increase the value of the contract by adding alternatives described in the Proposal.

14. Contract Security

When the successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by the required performance and payment Bonds.

15. Signing of Agreement

When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within ten days thereafter, Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten days thereafter, OWNER shall deliver on fully signed counterpart to Contractor. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification.

16. Sales Tax

The Bidder shall investigate all statutory requirements for the payment of sales taxes and shall include the cost of any such payments in the Bid prices of his proposal.
The Bidder’s attention is directed to Chapter 151 of the Tax Code of the State of Texas. This section provides that all items used or consumed in direct pursuance of this Contract can be purchased free of State of Owner sales tax since the project is being performed for an exempt organization as defined by Chapter 11 of the Property Tax Code of Texas.

17. Laws and Regulations

The Bidder’s attention is directed to the fact that all applicable state laws, municipal ordinances and rules and regulations of all authorities having jurisdiction over the work to be performed and services to be provided will apply to the Contract through out, and they will be deemed to be included in the Contract the same as if herein written out in full.

15. Minimum Wages

The wages paid for labor on this work shall not be less than that set forth by the U.S. Department of Labor.

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