Bid Contract_FCLID Oyster Creek.pdf

CONTRACT DOCUMENTS &

SPECIFICATIONS

FOR

OYSTER CREEK OUTFALL

IMPROVEMENTS - SUGAR

LAND

FOR

FIRST COLONY LEVEE

IMPROVEMENT DISTRICT

Project No. 4142800-065

JUNE 2026

4142800-065 00001- 1

CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS

FOR THE CONSTRUCTION OF

OYSTER CREEK OUTFALL IMPROVEMENTS - SUGAR LAND

LOCATED IN

FORT BEND COUNTY, TEXAS

PAPE DAWSON PROJECT NO. 4142800-065

Seals & Certifications

Pape-Dawson

Texas P.E. Board Firm Registration No. 470 B. Linh Tran, P.E.

The Professional Engineer whose signed and dated seal appears above was in responsible charge of preparing the following sections of the Contract Documents, which are fully identified by Section Number and Title in the TABLE OF CONTENTS:

00410, 01005, 01045, 01292, 01330, 01340, 01350, 01410, 01415, 01500, 01550, 01560, 01600, 01640, 01660, 01710, 01780, 01782, 01810, Technical Specifications as listed in the Table of Contents

06/09/2026

FCLID – OYSTER CREEK OUTFALL

TABLE OF CONTENTS

4142800-065 00110 - 1

DIVISION 00 – BIDDING AND CONTRACT REQUIREMENTS

INVITATION TO BIDDERS

INSTRUCTIONS TO BIDDERS

BID FORM

SECTION 04336 PROPOSED SUBCONTRACTORS FORM

CONTRACT

SPECIAL CONDITIONS OF THE CONTRACT PART A

PERFORMANCE BOND (PUBLIC)

PAYMENT BOND (PUBLIC)

MAINTENANCE BOND

GENERAL CONDITIONS TO THE CONTRACT

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

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

DIVISION 01 – GENERAL REQUIREMENTS

01005 SUMMARY OF WORK

01045 COORDINATION WITH OWNER’S OPERATIONS

01292 SCHEDULE OF VALUES

01330 SUBMITTALS

01340 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES

01350 CONSTRUCTION SCHEDULE

01410 TESTING LABORATORY SERVICES

01415 OBSERVATION OF CONSTRUCTION

01500 TEMPORARY FACILITIES AND CONTROLS

01550 BARRICADES AND WARNING DEVICES

01560 TRAFFIC SIGNS

01600 MATERIALS AND EQUIPMENT

01640 MANUFACTURERS’ SERVICES

01660 CLEANING AND ADJUSTING

01710 PROJECT RECORD DOCUMENTS

01780 CONTRACT CLOSEOUT

01782 OPERATIONS AND MAINTENANCE DATA

01810 EQUIPMENT TESTING AND FACILITY STARTUP

TECHNICAL SPECIFICATIONS

DIVISION 02 – SITE WORK

02055 REMOVING AND REPLACING MISCELLANEOUS EXISTING STRUCTURES

02100 WASTE MATERIAL DISPOSAL

02110 CLEARING AND GRUBBING

02115 SITE PREPARATION

02130 CONSTRUCTION AND MAINTENANCE OF SILT FENCE BARRIERS

02140 CONTROL OF GROUND WATER AND SURFACE WATER

02150 STABILIZED CONSTRUCTION EXIT

FCLID – OYSTER CREEK OUTFALL

4142800-065 00110 - 2

02160 TRENCH SAFETY SYSTEM

02200 EXCAVATION

02215 EXCAVATING, TRENCHING AND BACKFILLING FOR UTILITIES

02314 EARTHWORK FOR UTILITIES

02316 EXCAVATION AND BACKFILL FOR STRUCTURES

02320 BACKFILL MATERIALS

02370 NON-WOVEN GEOTEXTILE FILTER

02410 PORTLAND CEMENT CONCRETE PAVING

02720 STORM SEWER FACILITIES

02723 HEADWALL AND WINGWALLS

02725 PRECAST REINFORCED CONCRETE BOX

02920 HYDROMULCH SEEDING

DIVISION 03 – CONCRETE

03133 CONCRETE FORMWORK

03200 CONCRETE REINFORCEMENT

03311 PORTLAND CEMENT CONCRETE – SITE WORK

DIVISION 11 – EQUIPMENT

11282 FLAP GATE

APPENDIX – FORMS SPECIFIED IN THE CONTRACT

CONTRACTOR’S STATEMENT OF QUALIFICATIONS

TEXAS CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT

TEXAS CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT

TEXAS UNCONDITONAL WAIVER AND RELEASE ON PROGRESS PAYMENT

TEXAS UNCONDITONAL WAIVER AND RELEASE ON FINAL PAYMENT

AFFIDAVIT OF BILLS PAID

Notes:

A. The General Conditions of this Contract is the Allen Boone Humphries Robinson LLP "General Conditions of the Contract", September 2025 Edition, hereinafter referred to as the "General Conditions".

B. If a discrepancy occurs between the Technical Specifications in these Contract Documents and the technical specifications of the jurisdiction where the Work is being performed, the more stringent shall take precedence.

* END *

FCLID

Electronic Bids Only, Electronic Signatures

Option, and Remote Public Bid Opening Option Page 1 of 1 April 2026

Date: June 4th, 2026

INVITATION TO BIDDERS

Sealed Electronic Bids addressed to First Colony Levee Improvement District, Attention Linh Tran, P.E., will be electronically received, until 10:00 a.m. local time, Thursday, June 18th, 2026. and then publicly opened and read at via the CivCastUSA Website (www.CivCastUSA.com for OYSTER

CREEK OUTFALL IMPROVEMENTS – SUGAR LAND, TEXAS for First Colony Levee

Improvement District, City of Sugar Land, Fort Bend County, Texas”.

Scope of Work of the Contract Documents includes the following: Outfall improvements

No pre-bid conference will be held.

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

Copies of the bidding documents may be reviewed and obtained from www.CivcastUSA.com: OYSTER CREEK OUTFALL IMPROVEMENTS – SUGAR LAND, TEXAS. Bidders must register on this website in order to view and/or download specifications, plans, soils report, and environmental reports for this Project.

There is NO charge to view or download documents.

Bidder must submit its Bid and Bid Securities in compliance with Owner’s Order Adopting Section 49.2731

Electronic Bidding Rules and all Bids and Bid Securities must be submitted through www.CivcastUSA.comBidder must register on this website to submit a Bid and Bid Security and there is no charge to submit Bids and Bid Securities on this website.

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

Electronic Signature Rules for Construction Contracts.

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

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

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FCLID INSTRUCTIONS TO BIDDERS

Instructions to Bidders April 2026

INSTRUCTIONS TO BIDDERS

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

All blanks on the bid form must be completed and no change shall be made to the bid form or any other of the Contract Documents. All amounts must be in figures, with amounts extended and totaled. If minimum unit prices have been established for certain items, the minimum unit prices will be shown on the bid form. See Paragraph 8 of these Instructions. If the bidder chooses not to bid on optional items

(if any), “No Bid” must be entered in the bid space. Any Bid may be rejected if it contains any omission, erasure, alteration, addition, irregularity of any kind, or items not called for; if it does not submit prices for each of the items in the bid form; if it is not signed by the bidder; if it is unbalanced; or if it in any manner, fails to conform to the conditions of the Invitation to Bidders and these Instructions. An

“unbalanced” Bid means a Bid containing unit prices that are significantly less than cost for some items and significantly more than cost for others. This may be evidenced by submission of unit price Bid items where the cost is significantly higher/lower than the cost of the same Bid items submitted by other

Bidders on the same Project.

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

When applicable, evidence of authority to conduct business as an out-of-state corporation in the State of

Texas must be provided in accordance with the paragraph entitled QUALIFICATION OF BIDDERS.

State contractor license number, if any, must also be shown.

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

Invitation to Bidders.

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

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

Should a bidder find discrepancies or errors in or omissions from the Contract Documents or should the bidder be in doubt as to any meaning, the bidder is hereby obligated to notify Engineer in writing. It is

4926-9402-5094 v.1 http://www.civcastusa.com/ the responsibility of each bidder to determine if it has received all addenda, complete files of which will be maintained at the Engineer’s office and the office designated to receive the Bids, if any.

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

Documents and to complete the Work for the consideration in its Bid.

3. PRE-BID CONFERENCE. “INTENTIONALLY DELETED”

4. BID SECURITY. Each Bid must be accompanied by a bid bond or a certified or cashier’s check, acceptable to the Owner, in an amount not less than two (2) percent of the total amount bid (the “Bid

Security”), as a guarantee that the successful bidder will enter into the Contract and execute the required

Bonds on the forms provided and provide the required insurance certificates and Bonds within seven (7) days after the date Contract Documents are received by the successful bidder. Bid Securities will be returned to all but the three (3) most qualified, responsible bidders within three (3) days after opening of

Bids, and the latter’s Bid Securities will be returned after complete execution of the Contract Documents.

If the successful bidder does not enter into the Contract after notice of award, then the bidder’s Bid

Security will be forfeited and will be retained by Owner. If the award of the Contract to the successful bidder is canceled or not executed for any reason, the Owner may accept the next lowest bid and proceed with the next-lowest qualified bidder.

5. BONDS. The successful bidder must furnish a performance bond and a payment bond each in the sum of 100 percent (100%) of the Contract Price. The successful bidder must also provide a two-year (2) Maintenance Bond for fifty (50) percent of the cost of the construction of the improvements that will be owned by [insert name of the District The Bonds must be in the form prescribed by the

Contract Documents except as required otherwise by Laws and Regulations. The Bonds must be from a surety company holding a permit from the State of Texas to act as surety. Unless otherwise specified, the cost of proving Bonds must be included in the bidder’s total Bid amount. The surety company must have a minimum Best Key Rating of “B+” or better. The surety company, the agency and agent issuing the

Bonds must be authorized to issue Bonds in Texas in an amount equal to the total Contract Price and such authorization must be recorded in the files of the Texas Department of Insurance. The person executing the Bonds must be a licensed Texas local recording agent and such licensing must be recorded in the files of the Texas Department of Insurance. All Bonds signed by an agent must be accompanied by a certified copy of the agent’s authority to act. The Bonds must be executed by a duly appointed representative of the surety company licensed by the State of Texas as a General Lines Agent and such licensing must be recorded in the files of the Texas Department of Insurance. If the surety company does not have such a rating due to the length of time it has existed, the surety company must be eligible to participate in the surety bond guarantee program of the Small Business Administration and must be an approved surety listed in the current U.S. Department of Treasury Circular 570, and must meet all of the rules and regulations of the Treasury Department with respect to performance and payment bonds for federal jobs, including specifically the rules related to underwriting limitation. For contracts over $100,000, the surety must also hold a certificate of authority from the United States Secretary of Treasury to qualify as a surety on obligations permitted or required under federal law, or have obtained reinsurance for any liability in excess of $1,000,000 from a reinsurer that is authorized and admitted as a reinsurer in the State of Texas and is the holder of a certificate of authority from the United States Secretary of Treasury to qualify as a surety or reinsurer on obligations permitted or required under federal law. If bidder’s proposed surety company, agency or agents do not meet the requirements herein, then Owner may refrain from considering the bidder for Contract award and Owner may require bidder to forfeit its Bid Security.

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It is further agreed that the successful bidder will execute the Bonds required for the satisfactory performance of the Work, the fulfillment of any guarantees required, and the prompt payment to all persons supplying labor and materials in the prosecution of the Work, in accordance with the Contract

Documents and on the forms provided for this purpose. It is agreed that this Contract is not in effect until the required Bonds are furnished and approved by Owner. Upon increase of the Contract Price authorized by Change Order, Contractor must immediately provide revised Bonds for such increased Contract Price.

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

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

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

7. “OR EQUAL” SUBMISSIONS. Where materials or equipment are specified by a trade or brand name, it is not the intention of the Owner to discriminate against an equal product of another manufacturer, but to set a definite standard of quality or performance. In preparing its proposal, each bidder is expected to include in its base Bid the cost of the item so specified. However, in certain

Technical Specification sections, manufacturers are listed followed by “or equal”. In certain other

Technical Specification sections, manufacturers are listed with “or equal” not included. In those items where “or equal” is not included, it is hereby added and understood to be included, even though not specifically stated in each Technical Specification. If a bidder chooses to submit a suggested “or equal” product in lieu of a product by one of the named manufacturers, Owner will evaluate the item to determine if it is an “equal”. The bidder is responsible for providing all data required to evaluate an item submitted as a suggested “or equal.” Owner’s decision on whether a suggested manufacturer is an

“equal” is final. No claims for additional cost or time delay, etc. will be accepted if a suggested manufacturer is submitted by bidder as an “equal” and Owner decides the item is not “equal”.

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

8. MINIMUM UNIT PRICE ITEMS. If the approximate quantity and a minimum unit price have been established for items in the bid form, the bidder may not bid a unit price less than the minimum value; however, it may bid an amount greater than the minimum unit price. If no entry is made in the spaces provided, the minimum unit prices shown apply.

9. EXTRA UNIT PRICE ITEMS. Extra Unit Price Items are included to facilitate payment for changes and alterations that may be required to complete the Work. The Work, as provided by the

Contract Documents, is described in bid items other than Extra Unit Price Items. When additional Work covered by Extra Unit Price Items is performed, payment will be based on the quantity constructed and the unit prices entered in the Bid.

10. TIME FOR COMPLETION. Contractor will not be allowed time extensions (i) due to inclement weather except for Force Majeure events as defined under Section 1.01 of the General Conditions of the

Contract; (ii) due to non-availability of equipment or material, when the principal units of Work and tasks on the critical path are not in progress or are not delayed by the event of delay, interference, disruption, or hindrance; (iii) when at least seven (7) hours of available working time remain out of the working day; (iv) while materials are drying and it is possible for the Contractor to enclose the area and use drying devices; (v) when an event of delay, interference, disruption, or hindrance occurs on a day other than a working day or other day when the Contractor had not originally planned to work; (vi) when an event of delay, interference, disruption, or hindrance occurs after the expiration of the Contract Time;

(vii) to the extent the Contractor could have anticipated or alleviated the impact of the event of delay, interference, disruption, or hindrance through reasonable efforts; (viii) when events of concurrent delay overlap the claimed delay; and/or (ix) when an extension of time is precluded by any provision of the

Contract Documents.

11. QUALIFICATION OF BIDDERS. The apparent most qualified, responsible bidder must submit to Owner, with its Bid , either (i) a fully completed contractor’s statement of qualification or (ii) a written statement that the most recently submitted contractor’s statement of qualification is accurate, which statement of qualification must be considered in the award of the Contract. Failure to accurately complete the contractor’s statement of qualification or to timely submit the statement of qualification will, at

Owner’s option, disqualify the bidder from consideration in the award of the Contract. The form of the

Contractor’s statement of qualification is available from the Engineer. Owner may reject, at Owner’s sole discretion, a bidder’s statement of qualification if the bidder’s statement of qualification is not on the form provided. Evidence of out-of-state incorporation to conduct business in the state in which the Work is to be performed, along with state contractor license number, must also be provided and is a consideration in the award of the Contract.

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

Bid and the Bid Security will be returned.

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

“Act”): Unless bidder is exempt from such requirements pursuant to Texas Government Code Section

2252.908(c)(4), the Owner may not award the Contract to a bidder unless the bidder has provided to the

Owner a completed and signed TEC Form 1295 which has been assigned a certificate number by the

Texas Ethics Commission (the “TEC”). Pursuant to the rules prescribed by the TEC, the TEC Form 1295 must be completed online through the TEC’s website, assigned a certificate number, printed, signed, and provided to the Owner. For purposes of completing the TEC Form 1295, the entity’s name is [First

Colony Levee Improvement District]; the contract ID number is [4142800-065]; and the description of goods and services is [OYSTER CREEK OUTFALL IMPROVEMENTS – SUGAR LAND, TEXAS.]. Neither the Owner nor its consultants have the ability to verify all of Contractor’s information included in a TEC Form 1295, and neither have an obligation nor undertake responsibility for advising any bidder with respect to the proper completion of the TEC Form 1295. BIDDERS SHOULD

SUBMIT THEIR TEC FORM 1295 WITH THEIR BID. THE CONTRACT WILL NOT BE

AWARDED TO A BIDDER UNLESS A TEC FORM 1295 HAS BEEN COMPLETED BY THE

BIDDER.

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

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

In evaluating Bids, Owner will consider, among other things, the qualifications of bidders, whether the

Bids comply with the prescribed requirements, and such substitutions, alternates, unit prices and other data, as may be requested in the bid form or prior to the notice of award. Alternate bid items will not be considered unless requested in the bid form.

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

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

Contract Documents, to Owner’s satisfaction.

BY SUBMITTING A BID, EACH BIDDER AUTHORIZES OWNER TO PERFORM ALL

INVESTIGATIONS INTO THE BIDDER’S BACKGROUND, CAPABILITIES, PRIOR

EXPERIENCE, AND OTHER FACTORS PERTAINING TO BIDDER’S PERFORMANCE OF THE

WORK, AS OWNER DEEMS NECESSARY IN ITS SOLE DISCRETION, AND FOR THAT

PURPOSE, SUBMISSION OF A BID ACTS AS BIDDER’S SPECIFIC AUTHORIZATION TO

PERSONS AND ENTITIES CONTACTED BY OWNER IN CONNECTION WITH SUCH

INVESTIGATIONS TO PROVIDE OWNER WITH THE INFORMATION REQUESTED BY OWNER

AND TO DISCUSS AND EXPRESS OPINIONS CONCERNING BIDDER. FURTHER, BY

SUBMISSION OF A BID, BIDDER AGREES TO FULLY AND FOREVER WAIVE AND RELEASE

ANY CLAIM (KNOWN OR UNKNOWN) IT HAS OR MAY HAVE AGAINST THE OWNER,

ENGINEER, DEVELOPER AND THEIR RESPECTIVE ATTORNEYS, EMPLOYEES,

CONSULTANTS, REPRESENTATIVES, AND AGENTS (“THE EVALUATING PARTIES”)

ARISING OUT OF OR IN CONNECTION WITH THE: (1) ADMINISTRATION, EVALUATION, OR

RECOMMENDATION (OR LACK THEREOF) OF ANY BID; (2) WAIVER OF ANY

REQUIREMENTS UNDER THE BID DOCUMENTS OR THE CONTRACT DOCUMENTS; AND (3)

ACCEPTANCE OR REJECTION OF ANY BIDS AND AWARD OF THE CONTRACT.

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

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

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

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

15. TAXES, LICENSES AND FEES. Certain taxes, licenses, fees, and other similar items are part of the cost of the Work, and it is bidder’s responsibility to familiarize itself with these costs and to observe and comply with the Laws and Regulations relating to same. The prices, sums, rates, and other charges set forth in the bidder’s Bid must cover and include all such costs. Owner is exempt from Texas sales and use taxes pursuant to Texas Tax Code § 151.309 as a political subdivision of the State of Texas. Owner shall provide Contractor, if requested by Contractor in writing, with a completed Texas Sales and Use

Tax Exemption Certification as evidence of the applicability of such exemption, as limited by applicable statute. In addition, Contractor, and all subcontractors to Contractor (i) must not include any provision for Texas sales and use taxes with respect to such exempt items in any Bid or the Contract

Price, and (ii) must pass on to the Owner cost savings due to the exempt status of such exempt items.

Contractor’s contracts with all subcontractors to Contractor must include the foregoing provision regarding the exemption from Texas sales and use taxes. Contractor must pay taxes on items that are not exempt.

16. NUMBER OF SIGNED SETS OF DOCUMENTS. The Contract Documents will be prepared in at least one (1) original sets for signature, one (1) for delivery to the successful bidder. Owner will furnish the successful bidder six (6) sets of Plans and Technical Specifications free of charge, and additional sets may be obtained from Engineer at Engineer’s reproduction rates.

17. ELECTRONIC COUNTERPARTS; FORM OF BONDS TO BE PROVIDED TO OWNER.

The Contract Documents may be executed and delivered in any number of counterparts, each of which so executed and delivered will be deemed to be an original and all of which will constitute one and the same instrument. Electronic Signatures, as defined by and in accordance with the Owner’s Order

Adopting Electronic Signature Rules for Construction Contracts, will be deemed original signatures for purposes of the Contract Documents and all matters related thereto, with such Electronic Signatures having the same legal effect as physical, wet-ink signatures. Owner; Engineer; Contractor; and Developer, if there is a Special Conditions of the Contract Part B, agree that the Contract Documents may be accepted, executed, or agreed to using an Electronic Signature. Any document accepted, executed, or agreed to in conformity with such Order is binding on Owner, Engineer, Contractor, and Developer, if applicable, the same as if it were physically executed, and Owner, Engineer, Contractor, and Developer, if applicable, each hereby consent to the use of any third-party electronic signature capture service provider that may be chosen by Owner or Engineer. Notwithstanding the foregoing, all Bonds must be provided to

Owner either as a physical, wet-ink original, or in the form of a certified and complete copy of such Bond, which may be provided to Owner in electronic form, such as a .pdf file.

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

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

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

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

20. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE.

(A) General: Chapter 2258 of the Texas Government Code provides that any political subdivision of the State of Texas shall determine the general prevailing wage rate received by the classes of workers employed on projects similar to this Project and shall specify in the call for bids and in the

Contract Documents the minimum wage rates which must be paid for each type of worker. This statute further provides that the Contractor or subcontractors must pay, as penalty to Owner, Sixty Dollars

($60.00) for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the Contract. Owner is authorized to withhold from the Contractor the amount of this penalty from any payment due under the Contract Documents.

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

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

21. ECONOMIC DISINCENTIVES. The Contractor and the Owner agree that time is of the essence of this Contract. The Contractor and the Owner agree that a breach of this Contract by failure to complete the Work in the specified time will cause harm to the Owner. Therefore, the

Contractor and the Owner agree that for each and every calendar day the Work or any portion thereof shall remain uncompleted after the expiration of the time limit(s) set in the Contract, or as extended under the provisions of these General Conditions (including, without limitation, due to a delay caused by Contractor’s failure to comply with the Contract Documents or due to Owner’s termination of Contractor for default under the Contract Documents), Contractor shall be liable to

Owner for economic disincentives under Section 49.271(e) of Texas Water Code, in the amount of

“none” for each calendar day. The Owner shall have the option to deduct and withhold said amount from any monies that the Owner owes the Contractor or its sureties or to recover such amount from the Contractor or the sureties on the Contractor’s bond.

FOR:

DATE:

SUBMITTED BY:

Bidding Firm's Full Name

Address

City, State Zip

Phone Number

Addendum No. ______ Dated _____________ Addendum No. ______ Dated _____________

Addendum No. ______ Dated _____________ Addendum No. ______ Dated _____________

Addendum No. ______ Dated _____________ Addendum No. ______ Dated _____________

Addendum No. ______ Dated _____________ Addendum No. ______ Dated _____________

First Colony Levee Improvement District (Owner) c/o Pape-Dawson Consulting Engineers, LLC

ATTN: B. Linh Tran, P.E.

2107 CityWest Blvd, 3rd Flr

Houston, Texas 77042

SECTION 00410

BID FORM

Oyster Creek Outfall Improvements - Sugar Land, Texas

Having received and carefully examined the Bidding Documents, the other related data identified in the

Bidding Documents, the Project Site, and the Addenda listed in the following table, I, the Undersigned submit this Bid Form.

4142800-065 00410 - 1

(1)

(2)

(3)

(4)

(5)

(6)

I acknowledge that:

(1)

(2)

(3)

(4)

(5)

(6)

Furthermore, I certify that:

(1)

(2)

(3)

(4)

(5) to accept all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security;

For the performance of the Work, the enclosed amounts are bid. The unit prices and extended totals on the following pages are written in figures with the unit prices prevailing in the event of any discrepancies.

In submitting this Bid Form, I agree:

no other individuals or entities have been solicited or induced to refrain from bidding or to submit a false Bid;

that this Bid will be open to acceptance and is irrevocable for 60 calendar days from the Bid closing date.

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

to enter into and execute the Agreement within 9 calendar days of receipt of Notice of Award or acceptance of this Bid and to furnish the required bonds and a certificate of insurance within 5 calendar days of receipt of Notice of Award or acceptance of this Bid;

to accomplish the Work in accordance with the Contract Documents by furnishing all materials, equipment, and labor for proper construction and completion of the Work; and to the Contract Times as specified in the Agreement.

the estimated quantities are not guaranteed and are solely for the purpose of comparison of Bids, and final payment for all Unit Price bid items will be based on actual quantities, determined as provided in the Contract Documents;

that the Owner reserves the right to award any combination of the items in the Bid Form;

the Owner reserves the right to reject any and all Bids;

the Owner reserves the right to reject any or all proposals and to waive irregularities in the bidding. In case of ambiguity or lack of clearness in stating the prices in the proposal, the Owner reserves the right to consider the most advantageous construction thereof or to reject the proposal;

the total Contract Price may be increased or decreased or the total Contract Time reduced or extended to compensate for changes in the Work as ordered by the Owner; and this Bid is genuine, and the only person or parties associated with or having an interest in this Bid as principals are those named herein;

The Undersigned hereby declares that he has visited the site and has carefully examined the Site

Conditions, Drawings, Specifications, Contract Documents, and Bidding Documents related to the work covered by his Bid.

this Bid is made without collusion involving any other person, group, partnership, or corporation;

the amounts given in this Bid have been carefully checked and are submitted as correct and final;

andthe Contractor's Statement of Qualifications has been completed true and accurate and is included with this Bid.

4142800-065 00410 - 2

Bidder: Witness:

By:

Title:

Address:

Phone:

E-Mail:

Bonds on Behalf of Corporate Surety:

[Corporate Seal]

Performance, Payment and Maintenance Bonds will be issued by (Name of Corporate Surety):

Name and Address of Local Agency for Corporate Surety:

Phone Number:

Name of Person(s) Executing

E-Mail:

Name of Insurance Agency:

Phone Number:

4142800-065 00410 - 3

BASE BID ITEMS:

Clearing and Grubbing Items Subtotal $

Outfall Items Subtotal $

Storm Water Pollution Prevention Plan Items Subtotal $

Supplementary Items Subtotal $

Oyster Creek Outfall Improvements - Sugar Land Grand Total $

Alternate Items Total $

CONTRACT TIME:

CONSTRUCTION OF OYSTER CREEK OUTFALL IMPROVEMENTS - SUGAR LAND

PD PROJECT NO. 4142800-065

BID SUMMARY

If this Bid is accepted, we will complete the Stage I Items in _______ calendar days (180 days maximum) from the Notice to Proceed. We will complete the Stage II Items in _______ calendar days (00 days maximum) from the Stage II Notice to Proceed. Completion time includes ________ calendar days (14 days minimum) for adverse weather conditions, and we acknowledge that time is of the essence to Owner and additional adverse weather days will not be granted.

4142800-065 00410 - 4

OYSTER CREEK OUTFALL IMPROVEMENTS - SUGAR LAND:

Item No. Item Description Unit Approx.

Quantity Unit Price Total Amount

Clearing & Grubbing of Areas Along Existing

Pipe Outfalls, All Sizes, Including Disposal AC 2

Remove and Offsite Disposal of Existing 30-inch Storm Sewer Outfall (CMP), to be Hauled and Disposed of at an Appropriate Offsite

Location, Complete in Place (SL-B-1)

LF 20

Remove and Offsite Disposal of 5" Slope

Paving, to be Hauled and Disposed of at an

Appropriate Offsite Location, Complete in

Place (SL-B-1)

SY 100

4 Install 30-inch Flap Gate (30" CMP) (SL-B-1) EA 1 $ - $ -

5 Install Timberbent (30" CMP) (SL-B-1) EA 1 $ - $ -

Install & Extend New Outfall Pipe to Ditch (30"

CMP) (SL-B-1)

LF 20

Install 5" Reinforced Concrete Slope Paving with Reinforced Concrete Toewall, Complete in Place (SL-B-1)

SY 100

Remove and Offsite Disposal of Existing 54-inch Storm Sewer Outfall (CMP), to be Hauled and Disposed of at an Appropriate Offsite

Location, Complete in Place (SL-19)

LF 20

Removal and Offsite Disposal of Existing Rip

Rap, to be Hauled and Disposed of at an

Appropriate Offsite Location, Complete in

Place (SL-19)

SY 50

10 Install 54-inch Flap Gate (54" CMP) (SL-19) EA 1 $ - $ -

11 Install Timberbent (54" CMP) (SL-19) EA 2 $ - $ -

Install & Extend New Outfall Pipe to Ditch (54"

CMP) (SL-19)

LF 20

Install 18-Inch Thick Broken Concrete Rip Rap, with "Mirafi 600", or Approved Equal, Woven

Filter Fabric, Coomplete in Place (SL-19)

SY 50

Remove and Offsite Disposal of Existing 36-inch Storm Sewer Outfall (CMP), to be Hauled and Disposed of at an Appropriate Offsite

Location, Complete in Place (SL-20)

LF 20

Removal and Offsite Disposal of Existing Rip

Rap, to be Hauled and Disposed of at an

Appropriate Offsite Location, Complete in

Place (SL-20)

SY 50

16 Install 36-inch Flap Gate (36" CMP) (SL-20) EA 1 $ - $ -

17 Install Timberbent (36" CMP) (SL-20) EA 2 $ - $ -

Clearing and Grubbing Items

Clearing and Grubbing Items Subtotal $ -

Outfall Items

4142800-065 00410 - 5

Item No. Item Description Unit Approx.

Quantity Unit Price Total Amount

Install & Extend New Outfall Pipe to Ditch (36"

CMP) (SL-20)

LF 20

Install 18-Inch Thick Broken Concrete Rip Rap, with "Mirafi 600", or Approved Equal, Woven

Filter Fabric, Coomplete in Place (SL-20)

SY 50

Remove and Offsite Disposal of Existing 36-inch Storm Sewer Outfall (CMP), to be Hauled and Disposed of at an Appropriate Offsite

Location, Complete in Place (SL-21)

LF 20

Removal and Offsite Disposal of Existing Rip

Rap, to be Hauled and Disposed of at an

Appropriate Offsite Location, Complete in

Place (SL-21)

SY 50

22 Install 36-inch Flap Gate (36" CMP) (SL-21) EA 1 $ - $ -

23 Install Timberbent (36" CMP) (SL-21) EA 2 $ - $ -

Install & Extend New Outfall Pipe to Ditch (36"

CMP) (SL-21)

LF 20

Install 18-Inch Thick Broken Concrete Rip Rap, with "Mirafi 600", or Approved Equal, Woven

Filter Fabric, Coomplete in Place (SL-21)

SY 50

Remove and Offsite Disposal of Existing 36-inch Storm Sewer Outfall (CMP), to be Hauled and Disposed of at an Appropriate Offsite

Location, Complete in Place (SL-22)

LF 20

Removal and Offsite Disposal of Existing Rip

Rap, to be Hauled and Disposed of at an

Appropriate Offsite Location, Complete in

Place (SL-22)

SY 50

28 Install 36-inch Flap Gate (36" CMP) (SL-22) EA 1 $ - $ -

29 Install Timberbent (36" CMP) (SL-22) EA 2 $ - $ -

Install & Extend New Outfall Pipe to Ditch (36"

CMP) (SL-22)

LF 20

Install 18-Inch Thick Broken Concrete Rip Rap, with "Mirafi 600", or Approved Equal, Woven

Filter Fabric, Coomplete in Place (SL-22)

SY 50

Remove and Offsite Disposal of Existing 36-inch Storm Sewer Outfall (CMP), to be Hauled and Disposed of at an Appropriate Offsite

Location, Complete in Place (SL-23)

LF 20

Removal and Offsite Disposal of Existing Rip

Rap, to be Hauled and Disposed of at an

Appropriate Offsite Location, Complete in

Place (SL-23)

SY 50

34 Install 36-inch Flap Gate (36" CMP) (SL-23) EA 1 $ - $ -

35 Install Timberbent (36" CMP) (SL-23) EA 2 $ - $ -

Install & Extend New Outfall Pipe to Ditch (36"

CMP) (SL-23)

LF 20

4142800-065 00410 - 6

Item No. Item Description Unit Approx.

Quantity Unit Price Total Amount

Install 18-Inch Thick Broken Concrete Rip Rap, with "Mirafi 600", or Approved Equal, Woven

Filter Fabric, Coomplete in Place (SL-23)

SY 50

Remove and Offsite Disposal of Headwall for 8-foot x 5-foot Box Culvert, to be Hauled and

Disposed of at an Appropriate Offsite

Location, Complete in Place (SL-24)

EA 1

Remove and Offsite Disposal of Existing 8'x5'

RCB Storm Sewer Outfall, to be Hauled and

Disposed of at an Appropriate Offsite

Location, Complete in Place (SL-24)

LF 8

40 Install 8'x5' Flap Gate (8'x5' RCB) (SL-24) EA 1 $ - $ -

Headwall with Flared Wingwalls for 8-foot x 5-foot Box Culvert to Accommodate Flap Gate, As Shown in Construction Plans, Complete in

Place (SL-24)

EA 1

Install & Extend 8'x5' RCB Storm Sewer Outfall

(SL-24)

LF 8

Install 18-Inch Thick Broken Concrete Rip Rap, with "Mirafi 600", or Approved Equal, Woven

Filter Fabric, Coomplete in Place (SL-24)

SY 100

Remove and Offsite Disposal of Existing 36-inch Storm Sewer Outfall (CMP), to be Hauled and Disposed of at an Appropriate Offsite

Location, Complete in Place (SL-25)

LF 20

Removal and Offsite Disposal of Existing Rip

Rap, to be Hauled and Disposed of at an

Appropriate Offsite Location, Complete in

Place (SL-25)

SY 50

46 Install 36-inch Flap Gate (36" CMP) (SL-25) EA 1 $ - $ -

47 Install Timberbent (36" CMP) (SL-25) EA 2 $ - $ -

Install & Extend New Outfall Pipe to Ditch (36"

CMP) (SL-25)

LF 20

Install 18-Inch Thick Broken Concrete Rip Rap, with "Mirafi 600", or Approved Equal, Woven

Filter Fabric, Coomplete in Place (SL-25)

SY 50

Remove and Offsite Disposal of Existing 54-inch Storm Sewer Outfall (CMP), to be Hauled and Disposed of at an Appropriate Offsite

Location, Complete in Place (SL-26)

LF 20

Removal and Offsite Disposal of Existing Rip

Rap, to be Hauled and Disposed of at an

Appropriate Offsite Location, Complete in

Place (SL-26)

SY 50

52 Install 54-inch Flap Gate (54" CMP) (SL-26) EA 1 $ - $ -

53 Install Timberbent (54" CMP) (SL-26) EA 2 $ - $ -

4142800-065 00410 - 7

Item No. Item Description Unit Approx.

Quantity Unit Price Total Amount

Install & Extend New Outfall Pipe to Ditch (54"

CMP) (SL-26)

LF 20

Install 18-Inch Thick Broken Concrete Rip Rap, with "Mirafi 600", or Approved Equal, Woven

Filter Fabric, Coomplete in Place (SL-26)

SY 50

Remove and Offsite Disposal of Existing 24-inch Storm Sewer Outfall (CMP), to be Hauled and Disposed of at an Appropriate Offsite

Location, Complete in Place (SL-27)

LF 20

Remove and Offsite Disposal of 5" Slope

Paving, to be Hauled and Disposed of at an

Appropriate Offsite Location, Complete in

Place (SL-27)

SY 50

58 Install 24-inch Flap Gate (24" CMP) (SL-27) EA 1 $ - $ -

59 Install Timberbent (24" CMP) (SL-27) EA 2 $ - $ -

Install & Extend New Outfall Pipe to Ditch (24"

CMP) (SL-27)

LF 20

Install 5" Reinforced Concrete Slope Paving with Reinforced Concrete Toewall, Complete in Place (SL-27)

SY 50

Remove and Offsite Disposal of Existing 60-inch Storm Sewer Outfall (CMP), to be Hauled and Disposed of at an Appropriate Offsite

Location, Complete in Place (SL-28)

LF 20

Removal and Offsite Disposal of Existing Rip

Rap, to be Hauled and Disposed of at an

Appropriate Offsite Location, Complete in

Place (SL-28)

SY 50

64 Install 60-inch Flap Gate (60" CMP) (SL-28) EA 1 $ - $ -

65 Install Timberbent (60" CMP) (SL-28) EA 2 $ - $ -

Install & Extend New Outfall Pipe to Ditch (60"

CMP) (SL-28)

LF 20

Install 18-Inch Thick Broken Concrete Rip Rap, with "Mirafi 600", or Approved Equal, Woven

Filter Fabric, Coomplete in Place (SL-28)

SY 50

Remove and Offsite Disposal of Existing 30-inch Storm Sewer Outfall (CMP), to be Hauled and Disposed of at an Appropriate Offsite

Location, Complete in Place (SL-29)

LF 20

Removal and Offsite Disposal of Existing Rip

Rap, to be Hauled and Disposed of at an

Appropriate Offsite Location, Complete in

Place (SL-29)

SY 50

70 Install 30-inch Flap Gate (30" CMP) (SL-29) EA 1 $ - $ -

71 Install Timberbent (30" CMP) (SL-29) EA 2 $ - $ -

Install & Extend New Outfall Pipe to Ditch (30"

CMP) (SL-29)

LF 20

4142800-065 00410 - 8

Item No. Item Description Unit Approx.

Quantity Unit Price Total Amount

Install 18-Inch Thick Broken Concrete Rip Rap, with "Mirafi 600", or Approved Equal, Woven

Filter Fabric, Coomplete in Place (SL-29)

SY 50

Remove and Offsite Disposal of Existing 30-inch Storm Sewer Outfall (CMP), to be Hauled and Disposed of at an Appropriate Offsite

Location, Complete in Place (SL-30)

LF 20

Removal and Offsite Disposal of Existing Rip

Rap, to be Hauled and Disposed of at an

Appropriate Offsite Location, Complete in

Place (SL-30)

SY 50

Install 30-inch Flap Gate (30" CMP), Complete in Place (SL-30)

EA 1

Install Timberbent , Complete in Place (30"

CMP) (SL-30)

EA 2

Install & Extend New Outfall Pipe to Ditch, Complete in Place (30" CMP) (SL-30)

LF 20

Install 18-Inch Thick Broken Concrete Rip Rap, with "Mirafi 600", or Approved Equal, Woven

Filter Fabric, Coomplete in Place (SL-30)

SY 50

Remove and Offsite Disposal of Existing 24-inch Storm Sewer Outfall (CMP), to be Hauled and Disposed of at an Appropriate Offsite

Location, Complete in Place (SL-31)

LF 20

Removal and Offsite Disposal of Existing Rip

Rap, to be Hauled and Disposed of at an

Appropriate Offsite Location, Complete in

Place (SL-31)

SY 50

82 Install 24-inch Flap Gate (24" CMP) (SL-31) EA 1 $ - $ -

Install Timberbent (24" CMP), Complete in

Place (SL-31)

EA 2

Install & Extend New Outfall Pipe to Ditch (24"

CMP) (SL-31)

LF 20

Install 18-Inch Thick Broken Concrete Rip Rap, with "Mirafi 600", or Approved Equal, Woven

Filter Fabric, Coomplete in Place (SL-31)

SY 50

Remove and Offsite Disposal of Existing 24-inch Storm Sewer Outfall (CMP), to be Hauled and Disposed of at an Appropriate Offsite

Location, Complete in Place (SL-32)

LF 20

Removal and Offsite Disposal of Existing Rip

Rap, to be Hauled and Disposed of at an

Appropriate Offsite Location, Complete in

Place (SL-32)

SY 100

88 Install 24-inch Flap Gate (24" CMP) (SL-32) EA 1 $ - $ -

89 Install Timberbent (24" CMP) (SL-32) EA 2 $ - $ -

Install & Extend New Outfall Pipe to Ditch (24"

CMP) (SL-32)

LF 20

4142800-065 00410 - 9

Item No. Item Description Unit Approx.

Quantity Unit Price Total Amount

Install 18-Inch Thick Broken Concrete Rip Rap, with "Mirafi 600", or Approved Equal, Woven

Filter Fabric, Coomplete in Place (SL-32)

SY 50

Remove and Offsite Disposal of Existing 24-inch Storm…