CONTRACT DOCUMENTS

AND

TECHNICAL SPECIFICATIONS

FOR

CITY OF LUFKIN

ON

SEWER IMPROVEMENTS

TX CDBG CONTRACT NO. CDV23-0464

JULY 2026

GLS NO. 137566

1609 S CHESTNUT • SUITE 202 • LUFKIN, TEXAS • 75901

(936) 637-4900 • FAX (936) 637-6330 • jmorris@glstexas.com

TBPE FIRM REGISTRATION #413

TxCDBG CONTRACT NO CDV23-0464

TABLE OF CONTENTS

No. Pages TITLE

2 ADVERTISEMENT AND INVITATION FOR BIDS

4 INSTRUCTION TO BIDDERS

1 BID FOR UNIT PRICE/LUMP SUM CONTRACTS

1 BID SUMMARY

4 BID SCHEDULE

2 BID BOND

3 STATEMENT OF BIDDER’S QUALIFICATIONS

2 CONFLICT OF INTEREST QUESTIONNAIRE

1 NON-COLLUSION AFFIDAVIT OF PRIME BIDDER

1 SAMPLE ATTORNEY’S REVIEW CERTIFICATION

2 CONTRACT (TDA)

1 NOTICE OF AWARD

1 NOTICE OF PROCEED

3 SPECIAL CONDITIONS

6 SSPWC MODIFICATIONS SPECIAL PROVISIONS

4 GENERAL SPECIFICATIONS – SPECIAL CONDITIONS – PART III

23 GENERAL CONTRACT CONDITIONS

WARRANTY AND INSURANCE

1 PERFORMANCE AND PAYMENT BOND (OR BONDS)

1 PERFORMANCE AND PAYMENT BOND REQUIREMENTS

2 PERFORMANCE BOND

2 PAYMENT BOND

1 CERTIFICATE OF INSURANCE

5 WORKER’S COMPENSATION REQUIREMENTS

GRANT REQUIREMENTS AND CERTIFICATIONS

16 REQUIRED CONTRACT PROVISIONS

5 WAGE RATE REQUIREMENTS

10 FEDERAL LABOR STANDARDS PROVISIONS (HUD 4010)

6 TITLE 29 - LABOR

No. Pages TITLE

1 CERTIFICATION RE: LOBBYING

2 CONTRACTOR’S CERTIFICATION CONCERNING LABOR

STANDARDS AND PREVAILING WAGE REQUIREMENTS

2 CITY’S SECTION 3 RESOLUTION

1 CONTRACTOR’S CERTIFICATIONS – CERTIFICATION OF BIDDER

REGARDING CIVIL RIGHTS LAWS AND REGULATIONS

5 SECTION 3 REQUIREMENTS

1 APPENDIX D PART IV TERMS AND CONDITIONS

1 APPENDIX F GENERAL CONDITIONS – PART 1 FOR

CONSTRUCTION

1 SECTION 3 SERVICE AREA MAP

3 CONTRACT CHANGE ORDER (A505)

1 CERTIFICATE OF CONSTRUCTION COMPLETION (COCC) (A709)

2 CONTRACTOR’S FINALY PAYMENT AFFIDAVIT

1 SECTION 3 EMPLOYER CERTIFICATION FORM (A1022)

1 SECTION 3 CERTIFICATION AS BUSINESS CONCERN (A1023)

1 SECTION 3 STATUS SUMMARY (A1022)

1 PROJECT SIGNAGE

1 CERTIFICATE OF INTERESTED PARTIES

3 A400 – BABA COMPLIANCE FORM

7 A401 – BABA CHECKLIST, INSTRUCTIONS, DEFINITIONS, & FAQS

2 A402 – CONTRACTOR’S BABA COMPLIANCE CERTIFICATION

2 A403 – MANUFACTURER’S BABA COMPLIANCE CERTIFICATION

2 A704 – PRECONSTRUCTION CONFERENCE REPORT

CITY OF LUFKIN TCSS MANUAL – SANITARY SEWER STANDARDS

TECHNICAL SPECIFICATIONS

ADVERTISEMENT AND INVITATION FOR BIDS

The CITY OF LUFKIN will receive bids for the SEWER IMPROVEMENTS TxCDBG CONTRACT NO CDV23-0464 until 3:00 PM on August 11, 2026 , at Attn: Engineering Dept., Room 202, 300 E. Shepherd Ave., Lufkin, Texas 75901. At said time, the bids will be publicly opened and read aloud.

Bids are invited for several items and quantities of work as follows:

Base Bid:

Replace 3,255 linear feet of 6” sewer line (Pipebursting will be allowed on 1,308 feet) Replace 11 manholes Reconnect 49 services Associated work

Additive Alternate Bid:

Mechanical clean and TV sewer main under railroad Rehabilitate 143 LF by CIPP method Replace one manhole

Bid/Contract Documents, including Drawings and Technical Specifications are on file at GLS, 1609 S. Chestnut, Suite 202, Lufkin, Texas 75901 (936) 637-4900 (at which specifications can be obtained).

Bid/Contract Documents may be viewed and downloaded free of charge (with the option to purchase hard copies) at www.civcastusa.com.

A Bid bond in the amount of 5% of the bid issued by an acceptable surety shall be submitted with each bid. Cash currency is not acceptable as bid surety and is not to be submitted in lieu of the Bid Bond.

Attention is called to the fact that not less than the federally determined prevailing (Davis-Bacon and Related Acts) wage rate, as issued by the Texas Department of Agriculture and contained in the contract documents, must be paid on this project. In addition, the successful bidder must ensure that employees and applicants for employment are not discriminated against because of race, color, religion, sex, sexual identity, gender identity, age or national origin.

Funding for this project is covered under Section 3 of the Housing and Urban Development Act of 1968. All eligible bidders must comply with Section 3 requirements in regards to meeting or exceeding the required objectives for both hiring and subcontracting. In accordance with these objectives, contractors are required to direct their newly created employment and/or subcontracting opportunities to Section 3 Residents and Business Concerns.

The CITY OF LUFKIN reserves the right to reject any or all bids or to waive any informalities in the bidding.

Bids may be held by the CITY OF LUFKIN for a period not to exceed 60 days from the date of the bid opening for the purpose of reviewing the bids and investigating the bidder’s qualifications prior to the contract award.

All contractors/subcontractors that are debarred, suspended or otherwise excluded from or ineligible for file://luf-server7/WPfiles-Civil/242/242112/CD/www.civcastusa.com participation on federal assistance programs may not undertake any activity in part of in full under this project. All contractors/subcontractors must have an active “System for Award Management” (SAM.gov) registration.

The CITY OF LUFKIN does not discriminate on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, or disability. The CITY OF LUFKIN is an affirmative action/equal opportunity employer and encourages participation by Section 3 residents and businesses, Minority Business Enterprises, Small Business Enterprises, Women Business Enterprises, and labor surplus area firms.

CITY OF LUFKIN Kevin Gee, City Manager July 24, 2026 (Locality) (Contracting Officer) (Date)

INSTRUCTION TO BIDDERS

FOR CONSTRUCTION

1. Use of Separate Bid Forms

These contract documents include a complete set of bid and contract forms which are for the convenience of the bidders and are not to be detached from the contract document, completed or executed. Separate bid forms are provided for your use.

2. Interpretations or Addenda

No oral interpretations will be made to any bidder. Each request for clarification shall be made in writing to the Grant Recipient or engineer no less than ten (10) days prior to the bid opening. Each interpretation made will be in the form of an Addendum to the contract documents and will be distributed to all parties holding contract documents no less than seven (7) days prior to the bid opening. It is, however, the bidder's responsibility to make inquiry as to any addenda issued. All such addenda shall become part of the contract documents and all bidders shall be bound by such addenda, whether or not received by the bidders.

If an addendum to the bid package is necessary, it must be distributed to each potential bidder. The distribution of an addendum shall be verified either by statements of receipt or registered/certified mail receipts, which shall be included in the public works construction file. The addendum shall allow adequate time for consideration in bid preparation (usually at least one week). If adequate time is not available, the bid opening date must be extended and the Grant Recipient must republish the invitation for bids containing the place, time, and date for the new bid opening. Note that any change to the original bid opening date will require republication of the invitation for bids at least once in a locally published newspaper. The republished notice will include the place, time and date for the new bid opening and must be published at least seven days prior to the new bid opening date.

3. Inspection of Site

Each bidder should visit the site of the proposed work and should become acquainted with the existing conditions and facilities, the difficulties and restrictions pertaining to the performance of the contract. The bidder should thoroughly examine and become familiar with the drawings, technical specifications and all other contract documents. The contractor by the execution of the contract shall in no way be relieved of any obligation under it due to failure to receive or examine any form or legal document or to visit the site or the conditions existing at the site. The City will be justified in rejecting any claim based on lack of inspection of the site prior to the bid.

4. Alternate bid items

If alternate bids or bid items are considered, they are included in the Bid Summary and / or the Bid Schedule hereinafter.

5. Bids

a. All bids must be submitted on the forms provided and are subject to all requirements of the Contract Documents, including the Drawings.

b. All bids must be regular in every respect and no interlineation, excisions or special conditions may be made or included by the bidder.

c. Bid documents, including but not limited to the bid, the bid bond(s), the contractor’s certifications, local opportunity plan, and the statement of the bidder’s qualifications, shall be sealed in an envelope and clearly labeled with the words "Bid Documents”, the project number, name of bidder and the date and time of bid opening.

d. The City may consider as irregular any bid on which there is an alteration of or departure from the bid form and, at its option, may reject any irregular bid.

e. If a contract is awarded, it will be awarded to a responsible bidder on the basis of the lowest/best bid and the selected alternate bid items, if any. The contract will require the completion of the work in accordance with the contract documents.

6. Bid Modifications Prior to Bid Opening

a. Any bidder may modify its bid in writing at any time prior to the scheduled closing time for receipt of bids, provided such modification is received by the locality prior to the closing time.

The modification should not reveal the bid price but should provide the addition, subtractions or other modifications so that the final prices or terms will not be known by the locality until the sealed bid is open.

b. Likewise, any bidder may modify a bid by submitting a supplemental bid in person prior to the scheduled closing time for receipt of bids. Such supplemental bid should mention only additions or subtractions to the original bid so as to not reveal the final prices or terms to the locality until the sealed bid is open.

7. Bid Bond

a. A bid bond in the amount of 5% of the bid issued by an acceptable surety shall be submitted with each bid [for contracts greater than $100,000.00]. A certified check or bank draft payable to the locality or negotiable U.S. Government Bonds (as par value) may be submitted in lieu of the Bid Bond.

b. The bid bond or its comparable, will be returned to the bidder as soon as practical after the opening of the bids.

8. Statement of Bidders Qualifications

Each bidder shall submit on the form furnished for that purpose a statement of the bidder's qualifications.

The Grant Recipient shall have the right to take such steps as it deems necessary to determine the ability of the bidder to perform its obligations under the contract, and the bidder shall furnish the Grant Recipient all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available data does not satisfy the Grant Recipient that the bidder is qualified to carry out properly the terms of the contract.

9. Unit Price

The unit price for each of the several items in the bid shall include its pro rata share of overhead so that the sum of the products obtained by multiplying the quantity shown for each item by the unit price bid represents the total bid. Any bid not conforming to this requirement may be rejected as informal. Special attention is drawn to this condition, as the unit prices will be used to determine the amount of any change orders resulting from an increase or decrease in quantities.

10. Corrections:

Erasures or other corrections in the bid must be noted over the signature of the bidder.

11. Time for Receiving Bids

Bids received prior to the advertised hour of opening shall be kept securely sealed. The officer appointed to open the bids shall decide when the specified time has arrived and no bid received thereafter will be considered; except that when a bid arrives by mail after the time fixed for opening, but before the reading of all other bids is completed, and it is shown to the satisfaction of the Grant Recipient that the late arrival of the bid was solely due to delay in the mail for which the bidder was not responsible, such bid will be received and considered.

12. Opening of Bids

The City shall, at the time and place fixed for the opening of bids, open each bid and publicly read it aloud, irrespective of any irregularities therein. Bidders and other interested individuals may be present.

13. Withdrawal of Bids

Bidder may withdraw the bid before the time fixed for the opening of bids, by communicating its purpose in writing to the Grant Recipient. Upon receipt of such notice, the unopened bid will be returned to the bidder.

The bid guaranty of any bidder withdrawing his bid will be returned promptly.

14. Award of Contract/Rejection of Bids

a. The contract will be awarded to the responsible Bidder whose bid, conforming with all material terms and conditions for the Invitation to Bid, is the lowest in price. The bidder selected will be notified at the earliest possible date. The locality reserves the right to reject any or all bids and to waive any informality in bids received where such rejection or waiver is in its interest.

b. The Grant Recipient reserves the right to consider as unqualified to do the work any bidder who does not habitually perform with his own forces the major portions of the work involved in construction of the improvements embraced in this contract.

15. Execution of Agreement/Performance and Payment Bonds

a. Performance Bonds - Requires all prime contractors which enter into a formal contract in excess of $100,000 with the State, any department, board, agency, municipality, county, school district or any division or subdivision thereof, to obtain a Performance Bond in the amount of the contract before commencing with work

b. Payment Bonds- Requires all prime contractors which enter into a formal contract with the State, any department, board, agency, municipality, county, school district or any division or subdivision thereof, a payment bond(s) in the amount of the contract. The payment bond must be in the amount of the contract and must be filed within 30 days from the date of the Notice of Award:

o Municipalities: If the contract is in excess of $50,000, a payment bond is required.

o Counties: If the contract is in excess of $25,000, a payment bond is required.

c. The failure of the successful bidder to execute the agreement and supply the required bonds within thirty (30) days from the date of the notice of award-or within such extended period as the locality may grant, shall constitute a default and the locality may, at its option either award the contract to the next lowest responsible bidder, or re-advertise for bids. In either case, the locality may charge against the bidder the difference between the amount of the bid, and the amount for which a contract is subsequently executed irrespective of whether this difference exceeds the amount of the bid bond. If a more favorable bid is received through re-advertisement, the defaulting bidder shall have no claim against the locality for a refund.

16. Wages and Salaries

Attention is particularly called to the requirement of paying not less than the prevailing Davis Bacon Related Acts (DBRA) wage rates specified in the Contract Documents. These rates are minimums to be paid during the life of the contract. It is therefore the responsibility of the Bidder to inform themselves as to local labor conditions.

17. Section 3

Attention is called to the required Section 3 contracting and hiring objectives specified in the Contract Documents. These minimum objectives for hiring and contracting must be enforced. It is therefore the responsibility of the Bidder to inform themselves as to these requirements.

18. Equal Employment Opportunity

Attention is called to the requirements for ensuring that employees and applicants for employment are not discriminated against because of race, color, religion, sex, sexual identity, gender identity, or national origin, and other civil rights requirements.

19. Restrictions for Lobbying

Contractors who apply or bid for an award of $100,000 or more shall provide the required certification that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer of employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 USC § 1352.

20. BABA Compliance

a. TDA has determined that iron and steel products that provide an EPA certification of BABA compliance are considered “substantially compliant” – TDA will accept these certifications without any additional action, but Grant Recipients are advised that HUD and EPA have implemented the BABA regulations slightly differently. If additional guidance is provided, TDA will notify Grant Recipients.

b. Any non-compliant product installed in a CDBG-funded project, through any funding source or construction contract, will be considered a finding. (This excludes items covered by HUD-approved waivers.)

c. Disallowed costs will be based on the bid item(s) for which the non-compliant product was installed. We will not use the material cost alone to calculate disallowed costs.

d. On a case-by-case basis, TDA may determine that the non-compliance is significant enough to warrant disallowed costs for the construction contract as a whole, or the grant agreement entirely.

e. Any attempt to intentionally circumvent federal BABA regulations will be taken very seriously and additional sanctions will apply.

BID FOR UNIT PRICE OR LUMP SUM CONTRACTS

Place City of Lufkin Date Project No. CDV23-00464

Proposal of (hereinafter called Bidder) a corporation organized and existing under the laws of the State of /a partnership/an individual, doing business as (cross out non-applicable references).

To the CITY OF LUFKIN, Texas (hereinafter called Owner).

Gentlemen:

The Bidder, in compliance with your invitation for bids for the construction of the SEWER IMPROVEMENTS TxCDBG CONTRACT NO CDV23-0464 , having examined the plans and specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies, and to construct the project in accordance with the contract documents, within the time set forth therein, and at the prices stated below. These prices are to cover all expenses incurred in performing the work required under the contract documents, of which this proposal is a part.

Bidder hereby agrees to commence work under this contract on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within one-hundred twenty (120) (for each Base Bid Part) consecutive calendar days thereafter. Bidder further agrees to pay as liquidated damages, the sum of $500 for each consecutive calendar day thereafter as hereinafter provided in the General Conditions.

Bidder acknowledges receipt of the following addenda:

Bidder agrees to perform all the SEWER IMPROVEMENTS TxCDBG CONTRACT NO CDV23-0464, work described in the specifications and shown on the plans, for the prices as bid in the BID

SCHEDULE/SECTION 00320.

(Amounts are to be shown in both words and figures. In case of discrepancy, the amount shown in words will govern.)

The prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for.

Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding.

The Bidder agrees that this bid shall be good and may not be withdrawn for a period of 60 days after the scheduled closing time for receiving bids.

Upon receipt of written notice of the acceptance of this bid, Bidder will execute the formal contract attached within 10 days and deliver a Surety Bond or Bonds as required under the GENERAL CONDITIONS. The bid security attached in the sum of ($ ) is to become the property of the Owner in the event the contract and bond are not executed with in the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby.

Respectfully submitted, By

(SEAL - if bid is by a corporation) Title

Address

BID FOR UNIT PRICE OR LUMP SUM CONTRACTS

Place City of Lufkin Date Project No. CDV23-00464

Proposal of (hereinafter called Bidder) a corporation organized and existing under the laws of the State of /a partnership/an individual, doing business as (cross out non-applicable references).

To the CITY OF LUFKIN, Texas (hereinafter called Owner).

Gentlemen:

The Bidder, in compliance with your invitation for bids for the construction of the SEWER IMPROVEMENTS TxCDBG CONTRACT NO CDV23-0464 , having examined the plans and specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies, and to construct the project in accordance with the contract documents, within the time set forth therein, and at the prices stated below. These prices are to cover all expenses incurred in performing the work required under the contract documents, of which this proposal is a part.

Bidder hereby agrees to commence work under this contract on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within one-hundred twenty (120) (for each Base Bid Part) consecutive calendar days thereafter. Bidder further agrees to pay as liquidated damages, the sum of $500 for each consecutive calendar day thereafter as hereinafter provided in the General Conditions.

Bidder acknowledges receipt of the following addenda:

Bidder agrees to perform all the SEWER IMPROVEMENTS TxCDBG CONTRACT NO CDV23-0464, work described in the specifications and shown on the plans, for the prices as bid in the BID

SCHEDULE/SECTION 00320.

(Amounts are to be shown in both words and figures. In case of discrepancy, the amount shown in words will govern.)

The prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for.

Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding.

The Bidder agrees that this bid shall be good and may not be withdrawn for a period of 60 days after the scheduled closing time for receiving bids.

Upon receipt of written notice of the acceptance of this bid, Bidder will execute the formal contract attached within 10 days and deliver a Surety Bond or Bonds as required under the GENERAL CONDITIONS. The bid security attached in the sum of ($ ) is to become the property of the Owner in the event the contract and bond are not executed with in the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby.

Respectfully submitted, (SEAL - if bid is by a corporation) Title

Address

137566 00315 - 1 BID SUMMARY

SECTION 00315

BID SUMMARY

OWNER: City of Lufkin ENGINEER: GLS

300 E. Shepherd Ave 1609 S. Chestnut, Suite 202 Lufkin, Texas 75901 Lufkin, TX 75901

(936) 634-8881 (936) 637-4900

PROJECT: City of Lufkin Sewer Improvements TxCDBG Contract No. CDV23-0464

I. TOTAL AMOUNT OF BASE BID (SUM OF ITEMS 1 THROUGH 19), IN WORDS

DOLLARS ($ )

II. TOTAL AMOUNT OF ADDITIVE ALTERNATE BID (SUM OF ITEMS 1 THROUGH 4), IN

WORDS

BIDDER:

SIGNED:

ADDRESS: BY:

TITLE:

DATE:

TELEPHONE

NO: ( ) - ATTEST:

EMAIL:

137566 00320 - 1 BID SCHEDULE

137566 00320 - 1 BID SCHEDULE

SECTION 00320

BID SCHEDULE

CITY OFLUFKIN

TxCDBG CONTRACT NO CDV23-0464

BASE BID

ITEM DESCRIPTION QTY UNIT UNIT PRICE AMOUNT

1. Mobilization 1 LS

DOLLARS

2.

6-inch SDR-26 PVC Sewer Line, 0 to 5’ depth, CIP

1437 LF

3.

6-inch SDR-26 PVC Sewer Line, 5 to 8’ depth, CIP

1428 LF

4.

6-inch SDR-26 PVC Sewer Line, 8 to 10’ depth, CIP

390 LF

5. Trench Safety, CIP 1818 LF

6.

Replace Existing Manhole, incl.

Removal/disposal of Existing Manhole (up to 6 VF), CIP

4 EA

7. New Manhole (up to 6 VF), CIP 7 EA

8. Additional Depth Manhole, CIP 9.4 VF

9. Abandon Manhole, CIP 7 EA

137566 00320 - 2 BID SCHEDULE

10. Main Line Cleanout, CIP 3 EA

11.

Long-side Service Transfer, incl.

Fittings, Pipe (up to 60 LF), Bore and Cleanout, CIP

21 EA

12.

Short-side Service Transfer, incl.

Fittings, Pipe (up to 20 LF), and Cleanout, CIP

28 EA

13.

Additional 4” SDR-35 PVC Service Line, CIP

266 LF

14.

Additional 4” Service Cleanout, CIP

4 EA

15. Directional Bore, CIP 82 LF

16. Slick Bore, CIP 254 LF

17.

12” Steel Casing and Appurtenances, CIP

133 LF

18. Gravel Repair, CIP 245 LF

19. Asphalt Pavement Repair, CIP 14 SY

TOTAL AMOUNT OF BASE BID (SUM OF ITEMS 1 THROUGH 19, IN WORDS

137566 00320 - 3 BID SCHEDULE

ADDITIVE ALTERNATE BID: Rehabilitation of Railroad Crossing

1. Rehabilitation Mobilization 1 LS

2.

Mechanical Cleaning & TV Inspection, CIP

16 HR

3.

6” Cured-in-Place Pipe (CIPP), CIP

143 LF

4.

Replace Existing Manhole, incl.

Removal/disposal of Existing Manhole (up to 6 VF), CIP

1 EA

TOTAL AMOUNT OF ADDITIVE ALTERNATE BID (SUM OF ITEMS 1 THROUGH 4), IN

WORDS

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we the undersigned, as PRINCIPAL, and , as SURETY are held and firmly bound unto (CITY OF LUFKIN) hereinafter called the "Local Public Agency”, in the penal sum of

Dollars, ($ ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the

Accompanying Bid, dated , for

NOW, THEREFORE, the Principal shall not withdraw said Bid within the period specified therein after the opening of the same, or, if no period be specified, within sixty (60) days after the said opening, and shall within the period specified therefor, or if no period be specified, within ten (10) days after the prescribed forms are presented to him for signature, enter into a written contract with the Local Public Agency in accordance with the Bid as accepted, and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract; or in the event of the withdrawal of said Bid within the period specified, or the failure to enter into such Contract and give such bond within the time specified, if the Principal shall pay the Local Public Agency the difference between the amount specified in said Bid and the amount for which the local Public Agency may procure the required work or supplies or both, if the latter be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue.

IN WITNESS THEREOF, the above parties have executed this instrument this day of , the name and corporate seal of each corporate party being hereto affixed and these present signed by its undersigned representative, pursuant to authority of its governing body.

(SEAL)

(SEAL)

Attest: By:

Affix Corporate

Seal

Affix

Countersigned

* Attorney-in-Fact, State of Texas

CERTIFICATE AS TO CORPORATE PRINCIPAL

I, , certify that I am the Secretary of the Corporation named as Principal in the bid bond; that , who signed the said bond on behalf of the Principal was then of said corporation; that I know his/her signature, and his/her signature thereto is genuine; and that said bond was duly signed, sealed, and attested to, on behalf of said corporation by authority of its governing body.

Title:

* Power-of-attorney for person signing for Surety Company must be attached to bond.

STATEMENT OF BIDDER'S QUALIFICATIONS

All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information it desires.

Date: ________________________________

Bidder (Legal Name of Firm):

Date Organized:

Address :

Date Incorporated

Federal ID Number: ____________________________

Number of Years in contracting business under present name

List all other names under which your business has operated in the last 10 years:

Work Presently Under Contract:

Contract Amount $ Completion Date

Type of work performed by your company:

Total Staff employed by Firm (Break down by Managers and Trades on separate sheet):

Have you ever failed to complete any work awarded to you? Yes No (If yes, please attach summary of details on a separate sheet. Include brief explanation of cause and resolution)

Have you ever defaulted on a contract? Yes No (If yes, please attach summary of details on a separate sheet.)

Has your organization had any disbarments or suspensions that have been imposed in the past five years or that was still in effect during the five year period or is still in effect? Yes No

(If yes, list and explain; such list must include disbarments and suspensions of officers, principals, partners, members, and employees of your organization.)

List the projects most recently completed by your firm (include project of similar importance):

Project Amount $ Mo/Yr Completed

Major equipment available for this contract:

Are you in compliance with all applicable EEO requirements? Yes No (If no, please attach summary of details on a separate sheet.))

Bank References

Address: __________________________________ Contact Name: _______________

City & State: _____________________Zip: ____________________Phone Number: _______________

Credit available: $

Has the firm or predecessor firm been involved in a bankruptcy or reorganization? Yes No (If yes, please attach summary of details on a separate sheet.)

List on a sheet attached hereto all judgements, claims, arbitration proceedings, or suits pending or outstanding against bidder over the last five (5) years with amount of claim and brief description.

List on a sheet attached hereto all lawsuits or requested arbitration with regard to construction contracts which bidder has initiated within the last five (5) years and brief explanation of claim and outcome.

Attach resume(s) for the principal member(s) of your organization, including the officers as well as the proposed superintendent for the project.

Signed this ______ day of _______________________, 20____.

Signature

Printed Name and Title

Company Name

Notary Statement:

______________________________. being duly sworn, says that he/she is the _________Position/Title____________of________________________ (Firm Name), and hereby swears that the answers to the foregoing questions and all statements therein contained are true and correct. He/she hereby authorizes and requests any person, firm, or corporation to furnish any information requested City of _____________________ in verification of the recitals comprising this Statement of Bidder's Qualifications.

Subscribed and sworn before me this _________day of __________, 20____.

Notary Public

Signature

Printed Name

My Commission Expires: _______________, The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U.S.C. 1001.

NONCOLLUSION AFFIDAVIT OF PRIME BIDDER

State of Texas )

County of )

, being first duly sworn, deposes and says that:

(1) He/She is of , the Bidder that has submitted the attached Bid;

(2) He/She is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid;

(3) Such Bid is genuine and is not a collusive or sham Bid;

(4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with another Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix an overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the (Local Public Agency) or any person interested in the proposed Contract; and

(5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

(Signed)

Title

Subscribed and sworn to me this day of .

By:

Notary Public

My commission expires

ATTORNEY'S REVIEW CERTIFICATION

I, the undersigned, , the duly authorized and acting legal representative of the , do hereby certify as follows:

I have examined the attached contract(s) and surety bonds and am of the opinion that each of the agreements may be duly executed by the proper parties, acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties; and that the agreements shall constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof.

Attorney's signature: Date:

Print Attorney's Name:

Texas State Bar Number: _____________________________

137566 1 CONTRACT

CONTRACT (TDA)

THIS AGREEMENT MADE THIS day of , by and between

, a corporation existing under the laws of the State of Texas , hereinafter called the

"Contractor", and the CITY OF LUFKIN, hereinafter called the "City".

WITNESSETH, that the Contractor and the City for the considerations stated herein mutually agree as follows:

ARTICLE 1. STATEMENT OF WORK

The Contractor shall furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment and services, including utility and transportation services, and perform and complete all work required for the construction of the Improvements embraced in the Project; namely, SEWER IMPROVEMENTS – TxCDBG CONTRACT NO. CDV23-0464, and required supplemental work, all in strict accordance with the Contract Documents including all addenda thereto, numbered , dated , all as prepared by GLS acting and in these Contract documents preparation, referred to as the "Engineer".

ARTICLE 2. THE CONTRACT PRICE

The City will pay the Contractor for the performance of the Contract in current funds, for the total quantities of work performed at the unit prices stipulated in the Bid for the several respective items of work completed subject to additions and deductions as approved by the TDA (Grantor Agency) and the City, and as provided in Section 109 hereof.

ARTICLE 3. CONTRACT

The executed Contract documents shall consist of the following:

a) This Agreement e) General Conditions, Parts I and II

b) Contractor’s Proposal f) Special Conditions

c) Invitation for Bids g) Technical Specifications

d) Instructions to Bidders h) Drawings

ARTICLE 4. PERFORMANCE

Work, in accordance with the Contract dated , shall commence on or before as specified in the Notice to Proceed, and Contractor shall complete the WORK within consecutive calendar days thereafter as specified in the Notice to Proceed. The date of completion of all WORK is therefore as specified in the Notice to Proceed.

137566 2 CONTRACT

This Agreement, together with other documents enumerated in this ARTICLE 3, which said other documents are as fully a part of the Contract as if hereto attached or herein repeated, forms the Contract between the parties hereto. In the event that any provision in any component part of this Contract conflicts with any provision of any other component part, the provision of the component part first enumerated in this ARTICLE 3 shall govern, except as otherwise specifically stated.

• Strike out inapplicable terms.

IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed in Four (4) original copies on the day and year first above written.

By: By:

Title: Title:

Signed: Signed:

Attested by: Attested by:

Title: Title:

Signed: Signed:

CERTIFICATIONS

I, , certify that I am the of the corporation named as Contractor herein; that who signed this Agreement on behalf of the Contractor, was then of said corporation, that said Agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers.

137566 00510-1 NOTICE OF AWARD

SECTION 00510

NOTICE OF AWARD

To: Date:

Project Description: CITY OF LUFKIN

TxCDBG CONTRACT NO. CDV23-0464

The OWNER has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated , and Information for Bidders.

You are hereby notified that your BID has been accepted for items in the amount of $

You are required by the Information for Bidders to execute the Agreement and furnish the required CONTRACTOR'S Performance BOND, Payment BOND and certificate of insurance within ten (10) calendar days from the date of this Notice to you.

If you fail to execute said Agreement and to furnish said BONDS within ten (10) days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law.

You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER.

Dated this day of .

OWNER:

BY: TITLE:

ACCEPTANCE OF NOTICE

Receipt of the above NOTICE OF AWARD is hereby acknowledged by , this the day of .

137566 00520-1 NOTICE TO PROCEED

SECTION 00520

NOTICE TO PROCEED

To: Date:

Project Description: CITY OF LUFKIN

TxCDBG CONTRACT NO. CDV23-0464

You are hereby notified to commence WORK in accordance with the Agreement dated

, on or before , and you are to complete the WORK within one hundred twenty (120) consecutive calendar days thereafter.

The date of completion of all WORK is therefore .

OWNER:

ACCEPTANCE OF NOTICE

Receipt of the above NOTICE TO PROCEED is hereby acknowledged by

, this the day of , 2026.

137564/579 00810-1 SPECIAL CONDITIONS

SECTION 00810

SPECIAL CONDITIONS

1.0 SCHEDULE AND SEQUENCE OF CONSTRUCTION

Submit proposed schedule and sequence of construction to the ENGINEER for his approval prior to beginning work. Culvert work, ditch grading, and box culvert extension must be completed prior to roadway reconstruction.

2.0 SUBCONTRACTORS

Submit names and addresses of subcontractors for approval.

3.0 EXAMINATION OF PROJECT SITE

Make a careful examination of the project site, the existing conditions around the site, ingress and egress limitations, and traffic considerations prior to bidding.

4.0 CONTENT OF PROJECT

CONTRACTOR is to furnish project complete as required in the Specifications, Drawings, and Contract Documents. Items not specifically covered in these documents which comprise a part of the project shall be considered incidental to the project. CONTRACTORS are to consider all incidental work necessary for a satisfactory and completed project and are to include any related costs in the original prices bid.

5.0 SPECIFICATIONS

Three (3) sets of plans and specifications shall be furnished to the CONTRACTOR for construction purposes.

6.0 TESTING

CONTRACTOR shall coordinate with third party testing facility to have work tested in accordance with the plans and specifications. Delay of project due to lack of coordination shall not result in time extensions.

7.0 SHOP DRAWINGS

Submit four (4) copies of all shop drawings to the ENGINEER for approval. Shop drawings are required on all products that are installed on this project.

8.0 UTILITIES FOR CONSTRUCTION

Make arrangements for water, electrical power, and other utilities required during construction operations for construction purposes.

9.0 FIELD STAKING

CONTRACTOR is responsible for staking and layout during construction in accordance with plans. Coordinate tie-in locations with Owner and Engineer.

10.0 LOCATION AND REPAIR OF EXISTING UTILITIES

It is the CONTRACTOR's responsibility to verify the location of all utilities and service lines before proceeding with the work. If a utility or service line is broken during the course of construction, it shall be the CONTRACTOR's responsibility to repair such breaks at no cost to the OWNER.

137564/579 00810-2 SPECIAL CONDITIONS

11.0 REGULATORY AGENCY

Construction is to be done in accordance with Texas Commission on Environmental Quality (TCEQ) and the City of Lufkin requirements, as applicable.

12.0 MATERIALS

CONTRACTOR will supply to the ENGINEER the brand names of major materials and names and addresses of major material suppliers and subcontractors.

13.0 PLASTIC PIPE INSTALLATION (PE/PVC)

Certified training of the CONTRACTOR's employees joining plastic pipe will be required under this CONTRACT, as follows:

13.1 Trained and certified employees will join pipe. Submit copy of certification for each joiner to ENGINEER.

13.2 The fact that certified employees perform the joining of the pipe in no way can be construed to be acceptance of the work by the OWNER.

14.0 PIPELINE CROSSING

14.1 CONTRACTOR shall be responsible for notifying underground utility owner of activities in the vicinity of their facilities. CONTRACTOR shall make notification at least forty-eight (48) hours in advance of operations around said utilities.

14.2 Utilities, or cables, not shown on the plans does not relieve the CONTRACTOR of the responsibility of notifying utilities owners when said utilities, or cables, are encountered on the project.

15.0 PIPE/MATERIALS / EQUIPMENT INSPECTION

Each load of pipe, materials, and equipment delivered to the job site will be checked by the OWNER or Inspector to assure that it meets specifications.

16.0 TRENCH SAFETY

A trench safety system and plan is required in accordance with Occupational Safety and Health Administration's (O.S.H.A.) publication standard - "Excavations", 29 CFR Part 1926 (latest revision), for trench depths five (5) feet and greater.

17.0 PARTIAL PAYMENTS

The CONTRACTOR shall allow the OWNER forty-five (45) days for payments from the time of approval of the payment request by the ENGINEER.

18.0 OWNER'S APPROVAL

Written approval of the OWNER must be secured prior to payment of the final retainage under this CONTRACT.

19.0 RECORD DRAWINGS

CONTRACTOR shall maintain during construction one “Record Set” of construction drawings.

Any deviation from plans shall be noted and location of underground piping, tie-ins, stubs, utility crossing, etc… shall be noted on the field set of drawings. At completion of construction as a

137564/579 00810-3 SPECIAL CONDITIONS

condition of final acceptance, the record set of drawings shall be delivered to the ENGINEER for transference to “Record” drawings.

20.0 PROJECT SIGN

Public buildings, facilities, centers, constructed with American Rescue Plan Act of 2021 (ARPA) Coronavirus State and Local Fiscal Recovery Fund (SLFRF) program assistance shall have permanent signage placed in a prominent visible public area with the wording provided below.

The formatting of such signage will be at local discretion to best fit the architectural design of the facility constructed but should be legible from at least three feet distance.

Other construction projects, e.g., water transmission lines, sewer collection lines, drainage, roadways, housing rehabilitation, etc. utilizing ARPA-SLFRF funding shall have temporary signage erected in a prominent location at the construction project site or along a major thoroughfare within the locality as directed by the owner. Cost of signage to be included in bids.

The CONTRACTOR shall be responsible for furnishing the following Project Sign Wording:

“This project is being supported, in whole or in part, by federal grant awarded to the City of Lufkin, Texas, through the State of Texas, by the U.S. Department of the Treasury.” The dimensions of the sign shall be no smaller than 12” x 18” with lettering no smaller than ½”.

21.0 SALES TAX

The OWNER is tax exempt and will furnish tax exemption certificate upon request.

229118 00810-1 SPECIAL CONDITIONS

City of Lufkin TCSS Manual

STANDARD SPECIFICATIONS

FOR PUBLIC WORKS

CONSTRUCTION (SSPWC)

MODIFICATIONS

COL 12-06 SSPWC Modifications

SSPWC MODIFICATIONS

SPECIAL PROVISIONS

I. Technical Specifications and Miscellaneous Details.

The technical specifications and miscellaneous details are provided in the document produced by the North Central Texas Council of Governments, called Standard Specifications for Public Works Construction (SSPWC).

II. Supplemental Conditions.

1. All payments shall be made in accordance with the bid schedule for work completed meeting the technical specifications.

2. Requirements of the City of Lufkin as specified in the Special Provisions and the attached COL details shall supersede the requirements of the SSPWC.

3. The construction plans as approved by the City of Lufkin shall supersede the specifications.

III City of Lufkin Amendments to the SSPWC.

Division 100.

Item 101.2 Definitions. Abbreviations shall be modified as follows:

TxDOT (in lieu of Texas SDHPT) - Texas Department of Transportation.

TXU (in lieu of Texas Power & Light Company) TXU Electric & Gas COL - City of Lufkin Entex - Reliant Energy/Centerpoint Energy

Add abbreviations as follows:

AISC - American Institute of Steel Construction A&NR - Angelina Neches River Railroad EA - Each (quantity) FL - Flowline or invert elevation NEC - National Electric Code NFPA - National Fire Protection Association SSPC - Steel Structures Painting Council SBCCI - Standard Building Code Congress International TNS - Tons (quantity) UBC - Uniform Building Code UP - Union Pacific Railroad VF - Vertical foot or feet (quantity)

Item 107.23 Existing Structures. Add: Any utility encountered which interferes with lines or grades will be adjusted by the appropriate utility company or agency. It is mutually agreed that such adjustments or delays caused by utility interference shall not be considered sufficient basis for claims or damages for additional compensation.

Item 103.4.5 Policy Endorsements and Special Conditions. Add Engineer as an additional insured to all applicable coverage.

COL 12-06 SSPWC Modifications

Item 103.4.5 Policy Endorsements and Special Conditions. Add Engineer on waiver of subrogation.

Item 109.5 Monthly Estimate. Add: For projects where funding is provided by or partially by State of Federal grants, payment will be made within ten (10) days of the receipt of funds by the Owner. Allow 45-days minimum for the Owner to receive payment for ORCA grant funds.

Division 200

Item 202.4.2 Fertilizer. Initial Planting Application. Change percentage of nutrients to read 15-5-10 (N-P-K)

202.6.4.2 Broadcast Seeding. Sowing of seeds shall be completed by mechanical methods only. Hand broadcasting is not allowed.

Item 203.1 Existing Structures. Add: Any utility encountered which interferes with lines or grades will be adjusted by the appropriate utility company or agency. It is mutually agreed that such adjustments or delays caused by utility interference shall not be considered sufficient basis for claims or damages for additional compensation.

203.3.2 Construction Methods. Fourth paragraph. Add to first sentence: or removed as specified on plans and approved by Owner.

203.4.5 Excess Excavation. Add: Excess excavation shall be removed and disposed of by Contractor unless otherwise indicated on plans. Payment shall be subsidiary to the appropriate bid item.

Division 300

Item 301.1.2.2 Vibratory Rollers. Add: Vibratory Rollers shall have a double drum tandem vibratory compactor with a minimum weight of seven (7) tons.

Item 301.2 Lime Treatment: Pelletized lime shall be placed as approved by the Engineer.

Item 305.1.3 Construction Methods. Modify: Expansion joints shall be placed in the curb and gutter at 60 feet intervals or as approved by the Owner.

Item 305.1.3 Construction Methods. Modify: The dowel shall be a minimum of 18 inches in length. One-half of the dowel shall have a plastic sleeve or as approved by Owner.

Item 301.5.2.3 Density. Density shall be 95% Standard Proctor.

Item 303.2.3 Chemical Admixtures: Mineral Admixtures. Deleted. No fly ash allowed.

Item 303.2.8 Dowel Bars. (a). Modify second sentence to read as follows: Dowel bar coating shall be as specified on the plans if required.

Item 303.2.12 Joint Filler Material. Only redwood and premolded asphalt board materials will be allowed.

Item 302.8.2 Asphaltic Stabilized Base. Tack Coat: Tack coat shall be emulsified asphalt, CR-S2, unless otherwise specified on the plans and approved by the Owner.

COL 12-06 SSPWC Modifications

Item 302.10 Measurement and Payment. Payment shall be made based area (S.Y.)

only. Payment will not be made by weight.

Item 303.5 Construction Methods. Change 92 percent to 95 percent standard proctor.

Item 303.8 Pavement Testing. Proportional pricing for pavement thickness is not allowed. Pavement must meet or exceed specified thickness.

Item 303.8.4 Joint Sealing. Delete entire section. Add: Joint sealing material shall be as shown on plans and approved by Owner. Joint sealing material shall be installed according to the manufacturer’s recommendations. Joint sealing material must seal entire depth and width of opening from expansion material to the pavement surface. No backer-rod will be allowed.

Item 305.2.3.3 Construction Methods. Fine Grading. Change 90 percent to read 95 percent standard proctor.

Division 500

Item 501. Underground Conduit Materials.