LJA CONSULTING ENGINEERS | PLANNERS | SURVEYORS

TEXAS REGISTERED ENGINEERING FIRM F-1386

2615 CALDER AVENUE | SUITE 500

BEAUMONT, TEXAS 77702 | 409.833.3363

CONTRACT DOCUMENTS AND SPECIFICATIONS

FOR

CITY OF DAISETTA, TEXAS

CYPRESS STREET SANITARY SEWER REHABILITATION PROJECT

TEXAS DEPARTMENT OF AGRICULTURE-CDV23-0113

PREPARED BY:

AUGUST 2026

APPROVED:

LJA ENGINEERING, INC.

BY: _____________________________

TIMOTHY M. ASCHOFF, P.E. NO. 77116

8-17-26

TABLE OF CONTENTS

TOC - 1 of 2

DOCUMENT PAGE

TABLE OF CONTENTS.................................................................................................................... 1-2 INVITATION TO BIDDERS ............................................................................................................. 1-2 INSTRUCTIONS TO BIDDERS ...................................................................................................... 1-14 STATEMENT OF BIDDER QUALIFICATIONS ................................................................................... 1-2 SCOPE OF WORK .......................................................................................................................... 1-6 BID FORM ................................................................................................................................... 1-15 BID BOND ................................................................................................................................... 1 - 3

BONDING COMPANY INFORMATION

NON-COLLUSION AFFIDAVIT OF PRIME BIDDER

AGREEMENT (CONTRACT) ........................................................................................................... 1-7 PERFORMANCE BOND ................................................................................................................. 1-4 PAYMENT BOND........................................................................................................................... 1-3 CERTIFICATE OF INSURANCE ............................................ To Be Inserted Into Executed Agreement

CONDITIONS OF THE AGREEMENT:

TABLE OF CONTENTS OF GENERAL CONDITIONS

INDEX TO GENERAL CONDITIONS

GENERAL CONDITIONS ............................................................................................................................... 1-70 SUPPLEMENTARY CONDITIONS OF AGREEMENT ....................................................................................... 1-15

CERTIFICATE OF COMPLETION

CONTRACTORS AFFIDAVIT OF ALL BILLS PAID AND RELEASE OF LIENS

REQUIRED CONTRACT PROVISIONS ........................................................................................... 1-19

ATTORNEY’S REVIEW CERTIFICATE

FORM-1295

SECTION 504 CERTIFICATION

SIGNAGE REQUIREMENTS

CONTRACTOR’S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE

REQUIREMENTS ........................................................................................................................... 1-2 MINORITY/FEMALE GOALS AND TIMETABLES ............................................................................. 1-2 TITLE 29 LABOR ............................................................................................................................ 1-5 HUD-401 | OFFICE OF DAVIS-BACON AND LABOR STANDARDS ............................................... 1-12

BUY AMERICA, BUILD AMERICA INSTRUCTIONS

BABA ACTIVITIES CHECKLIST ........................................................................................................ 1-8

BABA COMPLIANCE FORM A400

DISCLOSURE OF LOBBYING ACTIVITIES ........................................................................................ 1-3

CERTIFICATION REGARDING LOBBYING

CONTRACTOR’S LOCAL OPPORTUNITY PLAN ............................................................................... 1-2

CERTIFICATE OF BIDDER REGARDING CIVIL RIGHTS LAWS AND REGULATIONS

CERTIFICATE AS TO CORPORATE PRINCIPAL

CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ

TOC - 2 of 2

ADDITIONAL DOCUMENTS

SAMPLE CHANGE ORDER FORM .................................................................................................. 1-2

MITIGATION MEASURES FOR PROJECT

REQUIRED GRANT CLAUSES ......................................................................................................... 1-2 WAGE RAGE DETERMINATION .................................................................................................... 1-4

TECHNICAL SPECIFICATIONS

ITEM 50 – MOBILIZATION ................................................................................................ 50 – 1 of 1 ITEM 100 – PIPING CONSTRUCTION AND MATERIALS (SEWER) .............................. 100 – 1 thru 24 ITEM 120 – PROJECT RECORD DOCUMENTS ............................................................. 120 – 1 thru 3 ITEM 125 – SUBSURFACE CONDITIONS ......................................................................... 125 – 1 of 1 ITEM 130 – CLEARING AND GRUBBING ......................................................................... 130 – 1 of 1 ITEM 134 – BACKFILLING PAVEMENT EDGES ............................................................. 134 – 1 thru 2 ITEM 140 – EMBANKMENT AND FILL .......................................................................... 140 – 1 thru 5 ITEM 150 – EXISTING UTILITIES ...................................................................................... 150 – 1 of 1 ITEM 160 – STRUCTURAL EXCAVATION ...................................................................... 160 – 1 thru 2 ITEM 190 – ABANDONMENT OR REMOVAL OF EXISTING STRUCTURES .................... 190 – 1 thru 3 ITEM 247 – ROAD BASE-FLEXIBLE LIMESTONE ........................................................... 247 – 1 thru 5 ITEM 325 – SANITARY SEWER SYSTEM TESTING ........................................................ 325 – 1 thru 9 ITEM 400 – DRAINAGE PIPE ........................................................................................ 400 – 1 thru 5 ITEM 550 – CONCRETE FOUNDATIONS AND STRUCTURES ........................................ 550 – 1 thru 2 ITEM 600 – GENERAL CONCRETE SPECIFICATIONS ..................................................... 600 – 1 thru 9 ITEM 800 – MANHOLES .............................................................................................. 800 – 1 thru 4 ITEM 900 – SEEDING ................................................................................................... 900 – 1 thru 5 ITEM 950 – TRENCH SAFETY SYSTEMS ........................................................................ 950 – 1 thru 4 ITEM 1101 – CLOSED-CIRCUIT TELEVISION (CCTV) AND CLEANING SEWER LINES ... 1101 – 1 thru 2 ITEM 1400 – PROJECT SIGN ......................................................................................... 1400 – 1 of 1

INVITATION TO BIDDERS

IVTB 1 of 2

Sealed bids addressed to the City of Daisetta will be received until 2:00p.m., Wednesday, September 3rd, 2026, for furnishing necessary materials, equipment, superintendence, and labor for the

CITY OF DAISETTA, TEXAS

CYPRESS STREET SANITARY SEWER REHABILITATION PROJECT

TEXAS DEPARTMENT OF AGRICULTURE-CDV23-0113

The work is generally described as follows: This project shall provide for the removal and replacement of existing sanitary sewer manholes and gravity sanitary sewer lines along the north side of Cypress Street right of way line from FM-770 to FM-834. Proposed manholes shall consist of 48-inch precast concrete manholes with MIC inhibitor. Contractor shall provide pre and post televised video of existing sanitary sewer lines from manhole to manhole. Contractor shall Provide, Furnish, & Rehabilitate existing 6” sanitary sewer line with a 10" DR13.5 Class 165-psi HDPE-PE4710/C906 (I.D. 9.375") sanitary sewer lines by pipe bursting, directional boring, and open cut in trench and reconnect all service connections.

Contractor shall haul off all excavated material and construction debris at no additional cost to the Owner. Contractor shall replace and/or repair any damages caused by Contractor’s operations and shall seed, sod, or hydromulch for final stabilization of disturbed areas. The work shall be performed along the shoulder of Cypress Street and requires a Traffic Control Plan approved by Texas Professional Engineer. Contractor shall be solely responsible for notifying 811 and coordinating with all utility owners for this project. Supplemental Items are not part of this project. Alternate bid items are not part of this project. Additive/Deductive bid items will be part of this project. Additional driveway removal and replacement, along with additional drainage culvert removal and replacement. Additional road side ditch regrading and shaping will also be included with additive/deductive bid items.

Bids will be received at the office of the Daisetta Community Center, 412 Main Street, Daisetta, Texas 77533. The bids will be publicly opened and read at said location at the time set forth above. There will be a non-mandatory pre-bid conference with the Engineer, Owner, and Prospective Bidders at 2:00 p.m., Wednesday, August 26th, 2026, at the Daisetta Community Center.

The right is reserved by the City of Daisetta, as its interest may require, to accept or reject any or all bids, and to waive any informality in the bids received.

Bidding Documents are on file at www.civcastusa.com. There is no cost to view the plans, and printing can be done through the website. Hard copies of Bidding Documents will not be sold. Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other purpose.

Bid Security, only in the form of: 1) a certified or cashier's check drawn on a Texas bank and made payable to the City of Daisetta; or 2) bank money order; or 3) a bond executed by a surety company authorized to do business in Texas, in the amount of not less than five (5%) percent of the total bid, must accompany each bid at the time it is submitted. Bids must be submitted in duplicate.

Bids may be held by the City of Daisetta 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 bidders qualifications prior to the contract award.

http://www.civcastusa.com/

INVITATION TO BIDDERS

IVTB 2 of 2

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 Office of Rural Affairs 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, or national origin. All contractors and subcontractors must be cleared (not suspended or debarred) prior to any formal action authorizing the award of a contract to the contractor. Minority Business Enterprises, Small Business Enterprises, Women Business Enterprises, Veteran-Owned Businesses, and Section 3 Businesses are encouraged to submit bids.

This solicitation is for services related to a project that is subject to the Build America, Buy America Act (BABA) requirements under Title IX of the Infrastructure Investment and Jobs Act. Absent an approved waiver, all iron, steel, manufactured products, and construction materials used in this project must be produced in the United States.

Upon award, the successful bidder will be required to furnish payment and performance bonds.

City of Daisetta, Texas Mayor Cindy Burchfield 1st Publication: August 20th, 2026 2nd Publication: August 27th, 2026 Non-Mandatory Pre-Bid: August 26th, 2026 Bid Opening: September 3rd, 2026

EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.

Page i

INSTRUCTIONS TO BIDDERS

Page

ARTICLE 1 – DEFINED TERMS

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

ARTICLE 4 – EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE

ARTICLE 5 – PRE-BID CONFERENCE

ARTICLE 6 – SITE AND OTHER AREAS

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

ARTICLE 8 – BID SECURITY

ARTICLE 9 – CONTRACT TIMES

ARTICLE 10 – LIQUIDATED DAMAGES

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS AND OTHERS

ARTICLE 13 – PREPARATION OF BID

ARTICLE 14 – BASIS OF BID; COMPARISON OF BIDS

ARTICLE 15 – SUBMITTAL OF BID

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

ARTICLE 17 – OPENING OF BIDS

ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

ARTICLE 20 – CONTRACT SECURITY AND INSURANCE

ARTICLE 21 – SIGNING OF AGREEMENT

ARTICLE 22 – SALES AND USE TAXES

ARTICLE 23 – RETAINAGE

ARTICLE 24 – EQUAL OPPORTUNITY IN EMPLOYMENT

ARTICLE 25 – BONDING COMPANY

ARTICLE 26 – TEXAS ETHICS COMMISSION

ARTICLE 27 – BUILD AMERICA, BUY AMERICA DOMESTIC PREFERENCE

ARTICLE 1 – DEFINED TERMS

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

A. Issuing Office – The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. (LJA Engineering, Inc., 2615 Calder Avenue, Suite 500, Beaumont, Texas 77702).

B. Bidder - one who submits a Bid directly to OWNER as distinct from a sub-bidder, who submits a bid to a Bidder.

C. Successful Bidder - the lowest, responsible, and responsive Bidder to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided) makes an award.

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the advertisement or invitation to bid may be obtained from the Issuing Office.

The deposit is non-refundable.

2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as called for in the Statement of Bidder Qualifications. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract.

3.02 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s representations and certifications.

ARTICLE 4 – EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE

4.01 Subsurface and Physical Conditions

A. The Supplementary Conditions identify:

1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site.

2. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities).

B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. Bidder will be solely responsible for any cost related to obtaining copies of reports and drawings in 4.01B.

4.02 Underground Facilities

A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others.

4.03 Hazardous Environmental Condition

A. The Supplementary Conditions identify any reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site.

B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. Bidder will be solely responsible for any cost related to obtaining copies of reports and drawings in 4.03B.

4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 4.06 of the General Conditions.

4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates.

4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding Documents. On request, Owner will provide to each Bidder for examination access to or copies of contract documents (other than portions thereof related to price) for such other work.

A. Paragraph 6.13.C of the General Conditions indicates that if an Owner safety program exists, it will be noted in the Supplementary Conditions.

4.07 It is the responsibility of each Bidder before submitting a Bid to:

A. examine and carefully study the Bidding Documents, and the other related data identified in the Bidding Documents;

B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work;

D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in Paragraph 4.02 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Paragraph 4.06 of the Supplementary Conditions as containing reliable "technical data";

E. consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.

methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs;

F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents;

G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents;

H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and

I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work.

4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 5 – PRE-BID CONFERENCE

5.01 A non-mandatory Prebid conference will be held at 2:00 p.m. local time on August 26th ,2026 at the Daisetta Community Center 412 Main Street, Daisetta, Texas 77533. Representatives of Owner and Engineer will be present to discuss the Project.

Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.

ARTICLE 6 – SITE AND OTHER AREAS

6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor.

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect

7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer.

ARTICLE 8 – BID SECURITY

8.01 By execution of the attached bond, Surety affirms it is currently listed as an approved surety company on U.S. Treasury Circular 570.

8.02 A Bid must be accompanied by Bid security made payable to Owner in an amount of 5 percent of Bidder’s maximum Bid price and in the form of a certified check, bank money order, or a Bid Bond (on the form attached) issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions.

8.03 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned.

8.04 Bid security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening.

ARTICLE 9 – CONTRACT TIMES

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

ARTICLE 10 – LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, are set forth in the Agreement.

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or “or-equal” items. Whenever it is specified or described in the Bidding Documents that a substitute or “or-equal” item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement.

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS AND OTHERS

12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, in which case apparent Successful Bidder shall submit an acceptable substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award.

12.02 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions.

12.03 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom Contractor has reasonable objection.

ARTICLE 13 – PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents. Additional copies may be obtained from the Issuing Office.

13.02 All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink.

Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item, alternative, adjustment unit price item, and unit price item listed therein. In the case of optional alternatives, the words “No Bid,” “No Change,” or “Not Applicable” may be entered.

13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown.

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

13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown.

13.06 A Bid by an individual shall show the Bidder’s name and official address.

13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown.

13.08 All names shall be printed in ink below the signatures.

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

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

13.11 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form.

ARTICLE 14 – BASIS OF BID; COMPARISON OF BIDS

14.01 Lump Sum

A. Bidders shall submit a bid on a lump sum basis as set forth in the Bid Form.

14.02 Unit Price

A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule.

B. The total of all estimated prices will be the sum of the products of the estimated quantity of each item and the corresponding unit price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions.

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

14.03 Allowances

A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 11.02.B of the General Conditions.

14.04 Completion Time Comparisons

A. Bid prices will be compared after adjusting for differences in the time designated by Bidders for Substantial Completion. The adjusting amount will be determined at the rate set forth in the Contract Documents for liquidated damages for failing to achieve Substantial Completion for each day before or after the desired date appearing in Article 9 above.

ARTICLE 15 – SUBMITTAL OF BID

15.01 With each copy of the bidding documents, a bidder is furnished one bound copy of the bid form, and the bid bond form. An unbound copy of the bid form is to be completed and submitted with the bid security and the following documents:

A. Required Bid security in the form of Bid Bond or Cashier’s Check in the amount of 5% of the total bid amount;

B. Bonding Company Information Form;

C. Required Bidder Qualification Statement supporting the Bidder’s capacity to construct deep manholes and deep foundations as well as the implementation of special shoring methods with the limited space;

D. Evidence of the Bidder’s qualification to do business in the State of Texas or covenant to obtain such qualification prior to the award of the contract;

E. Conflict of Interest Questionnaire;

F. Non-Collusion Affidavit of Prime Bidder;

G. Certification of Bidder Regarding Civil Rights Laws and Regulations;

H. Contractor’s Local Opportunity Plan;

I. Proposed Contracts Breakdown (expected subcontractors, labor classifications including Section 3);

J. Certification Regarding Lobbying;

K. Disclosure of Lobbying Activities and Instructions;

L. Proof of SAM Clearance for Prime Contractor and Principals M. A400 Build America, Buy America Form.

15.02 Bids shall be submitted in duplicate no later than the date and time prescribed and at the place indicated in the advertisement or invitation to bid and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed bid shall be addressed to:

Mayor Cindy Burchfield City of Daisetta 410B Main Street Daisetta, Texas 77533

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

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

16.02 If within 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, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

ARTICLE 17 – OPENING OF BIDS

17.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

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

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder.

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

19.03 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

19.04 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions.

19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents.

19.06 If the Contract is to be awarded, the District shall award this contract to the responsible bidder whose responsive bid results in the lowest price for the most economical completion of the Project.

ARTICLE 20 – CONTRACT SECURITY AND INSURANCE

20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds and insurance.

When the Successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds.

ARTICLE 21 – SIGNING OF AGREEMENT

21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by six (6) unsigned counterparts of the Agreement along with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within ten days thereafter, Owner shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification.

21.02 Forms to be completed upon contract award:

A. Agreement between Owner and Contractor for Construction Contract;

B. General Conditions for Construction;

C. Supplemental Conditions

D. Payment Bond

E. Performance Bond

F. Required Notices to Contractors, including:

• Minority/Female Goals

• Federal Labor Standards Provisions (HUD 4010 language)

• Title 29 – Labor

• Labor Standards and Prevailing Wage Requirements

• Project Specific Davis-Bacon Wage decision

• TDA - ORA Signage Requirements

• Required Contract Provisions (for subcontractors)

• Section 504 Certification

• Certificate of Liability Insurance

• Certificate of Interested Parties Form 1295 and Instructions

• Attorney’s Review Certification

ARTICLE 22 – SALES AND USE TAXES

22.01 The OWNER qualifies as an exempt agency, and is not subject to State, County, or City sales taxes only to the extent allowable by law. CONTRACTOR is advised to contact the State Comptroller's Office or other knowledgeable source in order to apprise himself of the possible impact of the current law. Only equipment and materials incorporated into the permanent project are tax exempt.

ARTICLE 23 – RETAINAGE

23.01 Provisions concerning Contractor’s retainage are set forth in the Agreement.

ARTICLE 24 – EQUAL OPPORTUNITY IN EMPLOYMENT

24.01 All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, handicap, or national origin. Bidders on this work will be required to comply with the President’s Executive Order No. 11246, as amended by Executive Order 11375, and as supplemented in Department of Labor regulations 41 CFR Part 60.

ARTICLE 25 – BONDING COMPANY

25.01 The bidder shall submit with his bid the name, address, and telephone number of a person, firm, or corporation who has agreed to execute the required payment and performance bonds in the event that this contract is awarded to the bidder. A form is included in these contract documents for that purpose.

25.02 Such surety company shall be authorized to operate in Texas, shall have all necessary authorization and resources required to issue payment and performance bonds required for the amount of the contract, and shall have a rating of at least A from Best's Key Rating Guide, and shall have a stable outlook or better.

ARTICLE 26 – TEXAS ETHICS COMMISSION

26.01 Texas Ethics Commission

By January 1, 2016, the commission will make available on its website a new filing application that must be used to file Form 1295. A business entity must use the application to enter the required information on Form 1295 and print a copy of the completed form, which will include a certification of filing that will contain a unique certification number. An authorized agent of the business entity must sign the printed copy of the form and have the form notarized. The completed Form 1295 with the certification of filing must be filed with the governmental body or state agency with which the business entity is entering into the contract.

The governmental entity of state agency must notify the commission, using the commission’s filing application, of the receipt of the filed Form 1295 with the certification of filing not later than the 30th day after the date the contract binds all parties to the contract. The commission will post the completed Form 1295 to its website within seven business days after receiving notice from the governmental entity or state agency.

The following link has tutorials and frequently asked questions that will guide you through the process: https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm.

ARTICLE 27 – BUILD AMERICA, BUY AMERICA DOMESTIC PREFERENCE

27.01 This solicitation is for services related to a project that is subject to the Build America, Buy America Act (BABA) requirements under Title IX of the Infrastructure Investment and Jobs Act. Absent an approved waiver, all iron, steel, manufactured products, and construction materials used in this project must be produced in the United States.

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

STATEMENT OF BIDDER’S QUALIFICATIONS

BQ- 1 of 2

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 he desires.

Name of Bidder: Date Organized:

Address: Date Incorporated:

Number of years in contracting business under present name

CONTRACTS ON HAND:

Contract Amount $ Completion Date

Type of work performed by your company:

Number of years’ experience in this type of construction:

Have you ever failed to complete any work awarded to you?

Have you ever defaulted on a contract?

List at least five (5) projects of a similar size and scope completed by your firm in the past five (5) years (attach additional pages if necessary):

CONTRACT AMOUNT NAME OF PROJECT CLASS OF WORK COMPLETED OWNER & ENGINEER CONTACT INFORMATION

STATEMENT OF BIDDER’S QUALIFICATIONS

BQ- 2 of 2

Major equipment available for this contract:

Attach resume(s) for the principal member(s) of your organization, including the officers as well as the proposed superintendent(s) for the project. Superintendent(s) must have completed at least three projects of similar size and scope. References for superintendent must be provided. References will be contacted and interviewed based on superintendents’ performance. Owner may use reference responses in considering award of contract or in requesting an alternate superintendent.

Credit available: $ Bank reference:

The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the in verification of the recitals comprising this Statement of Bidder’s Qualifications.

Executed this _____ day of ___________________, 20___.

By:(signature) Title:

(Print name)

SCOPE OF WORK

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CITY OF DAISETTA, TEXAS

CYPRESS STREET SANITARY SEWER REHABILITATION PROJECT

TEXAS DEPARTMENT OF AGRICULTURE-CDV23-0113

1.01 GENERAL SCOPE OF WORK

It is the intent of the Contract Documents to provide the requirements and specification for the construction associated with the City of Daisetta Cypress Street Sanitary Sewer Rehabilitation Project. The project within this document is generally described as:

Base bid items shall provide for the removal and replacement of existing sanitary sewer manholes and gravity sanitary sewer lines along the north side of Cypress Street right of way line from FM-770 to FM-834. Contractor shall provide, furnish and rehabilitate existing 6” sanitary sewer line with a 10" DR13.5 Class 165-psi HDPE-PE4710/C906 (I.D. 9.375") sanitary sewer lines by pipe bursting, by directional boring and open cut in trench. Pressure rated pipe is required for the gravity sewer lines due to proximity of water distribution system. The contractor shall reconnect all service connections and install sealed casing pipe for water service connections.

Proposed manholes shall consist of 48-inch precast concrete manholes with MIC inhibitor. Drop manhole connection is expected for main lines greater than 2-ft from the inverts of the manholes.

Contractor shall haul off all excavated material and construction debris at no additional cost to the Owner. Contractor shall replace and/or repair any damages caused by Contractor’s operations and shall seed or sod for final stabilization of disturbed areas. The work shall be performed along the north side of Cypress Street right of way line from FM-770 to FM-834 and requires a Traffic Control Plan. Contractor shall be solely responsible for notifying 811 and coordinating with all utility owners for this project.

The Contractor shall perform a post television inspection on the gravity lines indicated in the construction plans from manhole to manhole. The Contractor shall submit the recordings to the Engineer and Owner for review.

The Contractor will field verify all existing utilities and make the necessary bypasses that conflict with the proposed manhole replacements. Utilities such as water lines, drainage culvert & drainage structure, sewer force main and gas line will be in the immediate area of the manhole replacement. The Contractor shall replace all utilities that are removed during manhole construction.

This contract shall include all necessary superintendence, labor, materials, equipment, tools, piping, field jointing, cleaning, painting, grouting, excavation, groundwater management, trenching, shoring, fill, grading, backfill, surface restoration, testing, clearing, hauling and disposal of excess select soils, and incidental items necessary for the construction of the proposed facilities as shown in the plans and documented in the specifications.

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Prior to the start of construction, the Contractor shall submit a construction schedule to the Engineer detailing his anticipated activities with estimated dates for the completion of each activity and section. The Contractor shall provide a minimum of two (2) weeks’ notice to the Engineer prior to the beginning of the work at each individual site and prior to taking any portion of the operations of the existing sites out of service.

The Contractor is responsible for the restoration of all disturbed surfaces, including pavement and rock driveways. All surfaces shall be returned to original condition or better. This includes streets, road surfaces, and ditches in and around the project area within the surrounding neighborhoods.

The contractor is advised to create a video of all streets that might be traveled by his operators in route to any part of the project, prior to the start of construction to document existing street conditions.

The Contractor shall be responsible for the startup and testing of each system embraced in this Contract. All systems shall be demonstrated to be functioning at design conditions prior to being considered complete. Where requested or required by the Engineer, the Contractor shall submit test data and certify in writing that the systems tested performed as required by the plans and specifications at design conditions.

Supplemental bid items are not part of this project.

Alternate Bid Items are not part of this project.

Additive/Deductive bid items shall provide for removal and replacement of existing driveways and storm culverts. Additional reshaping/regrading of road side ditches will also be included.

This solicitation is for services related to a project that is subject to the Build America,…