CITY OF KILGORE 00 01 01-1

CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS FOR

Utzman Street Improvements (PW26-01)

ISSUED FOR BID

Submission Deadline:

September 25th, 2026 10:00 am

Submit Proposals to:

City of Kilgore

Attn: Keith Yorgason

815 N. Kilgore Street

Kilgore, TX 75662

CITY OF KILGORE 00 01 07-1

00 01 07 SEALS PAGE

Divisions 00 and 01 were prepared under the direction of and are released for bidding purposes under the authority of:

Keith Yorgason

City Engineer

815 N. Kilgore St.

keith.yorgason@cityofkilgore.com

903-988-4114

CITY OF KILGORE 00 01 10 – 1

00 01 10 TABLE OF CONTENTS

SECTION TITLE

00 00 00 PROCUREMENT AND CONTRACTING REQUIREMENTS

00 01 01 Project Title Page

00 01 07 Seals Page

00 01 10 Table of Contents

00 10 00 SOLICITATION

00 11 13 Advertisement for Bids

00 20 00 INSTRUCTIONS FOR PROCUREMENT

00 21 13 Instructions to Bidders

00 40 00 PROCUREMENT FORMS AND SUPPLEMENTS

00 41 00 Bid Form

00 41 00.01 Bid Proposal

00 43 13 Bid Security

00 45 13 Bidder’s Qualifications

00 45 46.01 Vendor Compliance to State Law

00 45 46.02 Contractor Compliance to Texas Sales Tax Code

00 45 46.03 Conflict of Interest Questionnaire

00 45 46.04 Certificate of Interested Parties (Form 1295)

00 50 00 CONTRACTING FORM AND SUPPLEMENTS

00 52 13 Contract Agreement Form

00 55 00 Notice to Proceed

00 60 00 PROJECT FORMS

00 61 13.13 Performance Bond

00 61 13.16 Payment Bond

00 62 16 Certificate of Insurance

00 65 19.13 Affidavit of Payment of Debts and Claims and Release of Liens Form

00 65 19.19 Consent of Surety to Final Payment Form

00 70 00 CONDITIONS OF THE AGREEMENT

00 72 00 Standard General Conditions

00 73 00 Supplementary Conditions

01 00 00 GENERAL REQUIREMENTS

01 11 00 Summary of Work

01 21 00 Allowances

01 26 00 Contract Modification Procedures

01 29 00 Payment Procedures

01 29 73 Schedule of Values

01 30 00 Administrative Requirements

01 32 16 Construction Progress Schedule

01 32 33 Photographic Documentation

01 33 00 Submittal Procedures

SECTION TITLE

01 35 53 Security Procedures

01 40 00 Quality Requirements

CITY OF KILGORE 00 01 10 – 2

01 42 16 Definitions

01 51 00 Temporary Utilities

01 54 00 Construction Aids

01 55 26 Traffic Control

01 56 00 Temporary Barriers and Enclosures

01 57 00 Temporary Controls

01 60 00 Product Requirements

01 73 29 Cutting and Patching

01 74 00 Cleaning and Waste Management

01 77 00 Closeout Procedures

01 78 39 Project Record Documents

TECHNICAL SPECIFICATIONS

CITY OF KILGORE 00 11 13-1

00 11 13 ADVERTISEMENT FOR BIDS

Sealed Bids for the UTZMAN STREET IMPROVEMENTS (PW26-01) will be received, by the City of Kilgore, at

Kilgore City Hall, 815 N. Kilgore St. Kilgore, TX 75662, until 10:00 A.M. on Friday, September 25th, 2026 at which time the bids will be publicly opened and read aloud in the City Council Chambers of Kilgore City Hall.

The project consists of the following: installation of approximately 265 linear feet of public storm sewer and

3,000 square yards of new asphalt roadway, including driveways, culverts, signage, and gate. Demolition of existing asphalt and concrete pavement as well as abandoning existing storm sewer will be necessary for this project.

The Issuing Office for the Bidding Documents is: City of Kilgore, 815 N. Kilgore St. Kilgore, TX 75662. Requests for clarification may be directed to Keith Yorgason, City Engineer, at (903) 988-4114 or keith.yorgason@cityofkilgore.com.

Prospective Bidders may examine at no cost the Bidding Documents at the Issuing Office on Mondays through

Thursday between the hours of 8 AM and 5 PM with an appointment. Bidding Documents may be downloaded online without charge from the www.civcastusa.com. Notification of any revisions to the bid documents will be issued through the website. The Bidder is responsible for periodically checking the website for revisions. Printed copies will not be made available.

A Bid must be accompanied by Bid security made payable to Owner in an amount of 5 percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a certified check, bank money order, or a Bid bond.

Successful Bidder will be required to furnish Performance and Payment Bonds and proof of insurance, complying with the Contract Agreement.

Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Bids will remain subject to acceptance for 60 days after the

Bid opening.

This is a MODIFIED version of EJCDC® C-200, Suggested Instructions to Bidders for Construction Contracts.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in published

EJCDC documents remain subject to the copyright. Page i

00 21 13 INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

Page

ARTICLE 1 – Defined Terms

ARTICLE 2 – Copies of Bidding Documents

ARTICLE 3 – Qualifications of Bidders

ARTICLE 4 – Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program; Other Work at the Site

ARTICLE 5 – Bidder’s Representations

ARTICLE 6 – Pre-Bid Conference

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

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 – Bonds and Insurance

ARTICLE 21 – Signing of Agreement

ARTICLE 22 – Sales and Use Taxes

ARTICLE 23 – Retainage

ARTICLE 24 – Contracts to be Assigned

This document is a MODIFIED version of EJCDC® C-200, Suggested Instructions to Bidders for Construction Contracts.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in published

EJCDC documents remain subject to the copyright. Page 1

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 – Owner’s office

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents may be obtained from the Owner’s office located at 815

N. Kilgore Street, Kilgore, Texas 75662.

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 with its Bid the

Statement of Qualifications as found in Section 00 45 13.

3.02 The criteria which will be used to determine the lowest responsive and responsible Bidder are as follows:

A. Responsive Bidder: Means a Bidder who has submitted a Bid which conforms in all material respects to the Bidding Documents.

B. Responsible Bidder: Means a Bidder who has the capacity and capability in all respects to perform fully the contract requirements and who has the integrity and reliability to assure good faith performance. Among factors to be considered in determining whether the Bidder meets these standards, are:

1. Financial, material, equipment, facility, and personnel resources and expertise necessary to meet contractual requirements;

2. A record of integrity;

3. A record of Successful Completion defined as: completion of a project within a reasonable time and budget;

4. Qualified legally to contract with the Owner, and;

5. Has not failed to supply any necessary information in connection with the inquiry concerning responsibility.

3.03 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.

3.04 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.

This document is a MODIFIED version of EJCDC® C-200, Suggested Instructions to Bidders for Construction Contracts.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in published

EJCDC documents remain subject to the copyright. Page 2

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

ARTICLE 4 – SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S

SAFETY PROGRAM; OTHER WORK AT THE SITE

4.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

4.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify:

a. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site.

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

c. reports and drawings known to Owner relating to Hazardous Environmental

Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make copies of reports and drawings referenced above available to any

Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in 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.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of

Technical Data set forth in Article 1 of the General Conditions will apply.

B. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site are set forth in the Contract Documents and are based upon information and data furnished to Owner and

Engineer by owners of such Underground Facilities, including Owner, or others.

C. Adequacy of Data: 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 5.03, 5.04, and 5.05 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

This document is a MODIFIED version of EJCDC® C-200, Suggested Instructions to Bidders for Construction Contracts.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in published

EJCDC documents remain subject to the copyright. Page 3 indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions.

4.03 Site Visit and Testing by Bidders

A. Bidder shall conduct the required Site visit during normal working hours, and shall not disturb any ongoing operations at the Site. Appointments for site visits shall be made by contacting the Issuing Office.

B. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions.

C. Bidder shall comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

D. 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.

4.04 Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. As the General

Conditions indicate, if an Owner safety program exists, it will be noted in the Supplementary

Conditions.

ARTICLE 5 – BIDDER’S REPRESENTATIONS

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

A. examine and carefully study the Bidding Documents, and any data and reference items identified in the Bidding Documents;

B. visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

C. become familiar with and satisfy itself as to all 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 adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to

Technical Data in such reports and drawings;

E. consider the information known to Bidder itself; 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)

This document is a MODIFIED version of EJCDC® C-200, Suggested Instructions to Bidders for Construction Contracts.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in published

EJCDC documents remain subject to the copyright. Page 4 the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs;

F. agree, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Bid 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 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;

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

and

J. agree that the submission of a Bid will constitute an incontrovertible representation by

Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the

Work required by the Bidding Documents.

ARTICLE 6 – PRE-BID CONFERENCE

6.01 A pre-bid conference will not be held.

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 delivered to all parties recorded as having received the Bidding Documents. Questions received less than seven 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, supplement, or change the Bidding Documents.

7.03 In the event of a conflict between the plans and specifications, the specifications shall govern.

ARTICLE 8 – BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 5 percent of

Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a certified check, bank money order, or a Bid bond (on the form included in the Bidding

Documents) issued by a surety meeting the requirements of Paragraphs 6.01 and 6.02 of the

General Conditions.

8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the

This document is a MODIFIED version of EJCDC® C-200, Suggested Instructions to Bidders for Construction Contracts.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in published

EJCDC documents remain subject to the copyright. Page 5

Bid security will be released. 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.

8.03 The Bid security of other Bidders that 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 Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

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

ARTICLE 9 – CONTRACT TIMES

9.01 The number of days within 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, for failure to timely attain a Milestone, Substantial

Completion, or completion of the Work in readiness for final payment, are set forth in the

Agreement.

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, and those “or-equal” or substitute or materials and equipment subsequently approved by Engineer prior to the submittal of Bids and identified by

Addendum. No item of material or equipment will be considered by Engineer as an “or-equal” or substitute unless written request for approval has been submitted by Bidder and has been received by Engineer at least 15 days prior to the date for receipt of Bids. Each such request shall comply with the requirements of Paragraphs 7.04 and 7.05 of the General Conditions. The burden of proof of the merit of the proposed item is upon Bidder. Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any such proposed item, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner.

11.02 All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of

“or-equal” or substitution requests are made at Bidder’s sole risk.

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 A Bidder shall be prepared to retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of the Work if required by the Bidding Documents (most commonly in the Specifications) to do so. If a prospective Bidder objects to retaining any such Subcontractor, Supplier, or other individual or entity, and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid.

This document is a MODIFIED version of EJCDC® C-200, Suggested Instructions to Bidders for Construction Contracts.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in published

EJCDC documents remain subject to the copyright. Page 6

12.02 Subsequent to the submittal of the Bid, Owner may not require the Successful Bidder or

Contractor to retain any Subcontractor, Supplier, or other individual or entity against which

Contractor has reasonable objection.

12.03 The apparent Successful Bidder, and any other Bidder so requested, shall within five days after

Bid opening, submit to Owner a list of the Subcontractors or Suppliers proposed for portions of the Work:

If requested by Owner, 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, or other individual or entity. 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 an acceptable substitute, without an increase in Bid price.

12.04 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, or other 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 subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General

Conditions.

12.05 The quantities of work or material stated in unit price items of the Bid are supplied only to give an indication of the general scope of the Work; the Owner does not expressly or by implication agree that the actual amount of work or material will correspond therewith.

ARTICLE 13 – PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents.

A. 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 section, Bid item, alternate, adjustment unit price item, and unit price item listed therein.

B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then

Bidder may enter the words “No Bid” or “Not Applicable.”

C. A conditional bid will not be considered.

13.02 A Bid by a corporation shall be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation shall be shown.

13.03 A Bid by a limited liability company shall be executed in the name of the firm by a member or other authorized person 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.

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

This document is a MODIFIED version of EJCDC® C-200, Suggested Instructions to Bidders for Construction Contracts.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in published

EJCDC documents remain subject to the copyright. Page 7

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

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

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

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

13.09 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

14.01 Sectional Bids

A. Bidders may submit a Bid on any individual section or any combination of sections, as set forth in the Bid Form.

B. Submission of a Bid on any section signifies Bidder’s willingness to enter into a Contract for that section alone at the price offered.

C. If Bidder submits Bids on individual sections and a Bid based on a combination of those sections, such combined Bid need not be the sum of the Bids on the individual sections.

D. Bidders offering a Bid on one or more sections shall be capable of completing the Work covered by those sections within the time period stated in the Agreement.

14.02 Unit Price

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

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity” (which Owner or its representative has set forth in the Bid Form) for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 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 13.02.B of the General

Conditions.

This document is a MODIFIED version of EJCDC® C-200, Suggested Instructions to Bidders for Construction Contracts.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in published

EJCDC documents remain subject to the copyright. Page 8

ARTICLE 15 – SUBMITTAL OF BID

15.01 With each copy of the Bidding Documents, a Bidder is furnished one separate unbound copy of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of Article 7 of the Bid Form.

15.02 A Bid shall be received 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 City of Kilgore, Attn: Clayton R.

Evers, P.E., Director of Public Works, 815 N. Kilgore Street, Kilgore, Texas 75662.

15.03 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the

Bidder unopened.

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be 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. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.

16.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 16.01 and submit a new Bid prior to the date and time for the opening of Bids.

16.03 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.

This document is a MODIFIED version of EJCDC® C-200, Suggested Instructions to Bidders for Construction Contracts.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in published

EJCDC documents remain subject to the copyright. Page 9

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 will reject the Bid of any Bidder that

Owner finds, after reasonable inquiry and evaluation, to not be responsible. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, then the

Owner will reject the Bid as nonresponsive; provided that Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work.

19.02 If Owner awards the contract for the Work, such award shall be to the responsible Bidder submitting the lowest responsive Bid.

19.03 Evaluation of Bids

A. 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.

B. For determination of the apparent low Bidder(s) when sectional bids are submitted, Bids will be compared on the basis of the aggregate of the Bids for separate sections and the Bids for combined sections that result in the lowest total amount for all of the Work. Agreement(s) will be executed accordingly.

19.04 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or

Suppliers.

19.06 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.

19.07 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Owner.

ARTICLE 20 – BONDS AND INSURANCE

20.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance, payment, and maintenance bonds and insurance. When the Successful Bidder delivers the Agreement (executed by Successful Bidder) to Owner, it shall be accompanied by required bonds and insurance documentation.

ARTICLE 21 – SIGNING OF AGREEMENT

21.01 When Owner issues a Notice of Award to the Successful Bidder(s), it shall be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 5 days thereafter, Successful Bidder shall execute and deliver

This document is a MODIFIED version of EJCDC® C-200, Suggested Instructions to Bidders for Construction Contracts.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in published

EJCDC documents remain subject to the copyright. Page 10 the required number of counterparts of the Agreement (and any bonds and insurance documentation required to be delivered by the Contract Documents) to Owner. Within 7 days thereafter, Owner shall deliver one fully executed counterpart of the Agreement to Successful

Bidder, together with printed and electronic copies of the Contract Documents as stated in

Paragraph 2.02 of the General Conditions.

ARTICLE 22 – SALES AND USE TAXES

22.01 Owner is exempt from state sales and use taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Bid. Refer to Paragraph SC-7.09 of the

Supplementary Conditions for additional information.

ARTICLE 23 – RETAINAGE

23.01 Provisions concerning CONTRACTOR’s rights to deposit securities in lieu of retainage are set forth in the Agreement.

ARTICLE 24 – CONTRACTS TO BE ASSIGNED

24.01 Not used.

This document is a MODIFIED version of EJCDC® C-410, Bid Form for Construction Contracts.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from EJCDC documents. Those portions that originated in published EJCDC documents remain subject to the copyright. Page 1 of 5

00 41 00 BID FORM

CITY OF KILGORE

COMMERCE STREET AND MAIN STREET IMPROVEMENTS (ST20-03)

TABLE OF CONTENTS

Page

ARTICLE 1 – Bid Recipient

ARTICLE 2 – Bidder’s Acknowledgements

ARTICLE 3 – Bidder’s Representations

ARTICLE 4 – Bidder’s Certification

ARTICLE 5 – Basis of Bid

ARTICLE 6 – Time of Completion

ARTICLE 7 – Attachments to this Bid

ARTICLE 8 – Defined Terms

ARTICLE 9 – Venue

ARTICLE 10 – Bid Submittal

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from EJCDC documents. Those portions that originated in published EJCDC documents remain subject to the copyright. Page 2 of 5

ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to:

CITY OF KILGORE

ATTN: KEITH YORGASON, CITY ENGINEER

815 N. KILGORE ST.

KILGORE, TEXAS 75662

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS

2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

2.02 In submitting this Bid, Bidder certifies Bidder is qualified to do business in the State of Texas, as required by laws, rules and regulations or, if allowed by statute, covenants to obtain such qualification prior to contract award.

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda:

Addendum No. Addendum, Date

B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Bidder has carefully studied all reports and drawings relating to Hazardous Environmental

Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from EJCDC documents. Those portions that originated in published EJCDC documents remain subject to the copyright. Page 3 of 5

E. Bidder has considered the information known to Bidder itself; 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 any 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; and (3) Bidder’s safety precautions and programs.

F. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the

Bidding Documents.

G. Bidder is aware of the general nature of work to be performed by Owner and others at the

Site that relates to the Work as indicated in the Bidding Documents.

H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Engineer is acceptable to Bidder.

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

J. The submission of this Bid constitutes an incontrovertible representation by Bidder that

Bidder has complied with every requirement of this Article, and that without exception the

Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

ARTICLE 4 – BIDDER’S CERTIFICATION

4.01 Bidder certifies that:

A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation;

B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;

C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and

D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from EJCDC documents. Those portions that originated in published EJCDC documents remain subject to the copyright. Page 4 of 5

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the e execution of the Contract.

ARTICLE 5 – BASIS OF BID

5.01 Bidder will complete the Work in accordance with the Contract Documents for the price(s) shown in Exhibit 00 41 00.01 Bid Proposal, hereby attached and made part of this Proposal.

5.02 Bidder acknowledges that (1) each lump sum price includes an amount considered by Bidder to be adequate to cover Contractor’s overhead and profit for each separately identified item, and

(2) estimated quantities are not guaranteed, and are solely for the purpose of comparison of

Bids.

ARTICLE 6 – TIME OF COMPLETION

6.01 Bidder agrees that the Work will be completed and ready for final payment in accordance with

Paragraph 15.06 of the General Conditions in the number of days as stated in the Agreement.

6.02 Bidder accepts the provisions of the Agreement as to liquidated damages.

ARTICLE 7 – ATTACHMENTS TO THIS BID

7.01 The following documents are submitted with and made a condition of this Bid:

A. Required Bid security;

B. Bid Proposal Exhibit

C. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such license within the time for acceptance of Bids;

D. Required Bidder Qualification Statement with supporting data.

E. Vendor Compliance to State Law

F. Contractor Compliance to Texas Sales Tax Code

ARTICLE 8 – DEFINED TERMS

8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

ARTICLE 9 – VENUE

9.01 Bidder agrees that venue shall lie exclusively in Gregg County, Texas, in which the Owner is located, for any legal action.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from EJCDC documents. Those portions that originated in published EJCDC documents remain subject to the copyright. Page 5 of 5

ARTICLE 10 – BID SUBMITTAL

BIDDER: [Indicate correct name of bidding entity]

By:

[Signature]

[Printed name]

(If Bidder is a corporation, a limited liability company, a partnership, or a joint venture, attach evidence of authority to sign.)

Attest:

[Signature]

[Printed name]

Title:

Submittal Date:

Address for giving notices:

Telephone Number:

Fax Number:

Contact Name and e-mail address:

Bidder’s License No.:

(where applicable)

00 41 00.01 BID PROPOSAL

ITEM QUANTITY UNIT DESCRIPTION & UNIT PRICE EXTENDED PRICE

(LIST UNIT PRICE IN WORDS)

1.1 1 LS MOBILIZATION, BONDS AND INSURANCE

DOLLARS &

CENTS $

PER LUMP SUM

1.2 1 LS TRAFFIC CONTROL AND BARRICADES

DOLLARS &

CENTS $

PER LUMP SUM

1.3 1 LS OWNER'S ALLOWANCE

TWENTY THOUSAND DOLLARS &

ZERO CENTS $20,000.00

PER ALLOWANCE

2.1 2191 SY SAW-CUT, REMOVE AND DISPOSE OF EXISTING ASPHALT STREET

PAVEMENT

DOLLARS &

CENTS $

PER SQUARE YARD

2.2 162 SY REMOVE GRAVEL DRIVEWAY

DOLLARS &

CENTS $

PER SQUARE YARD

2.3 30 LF REMOVE GUARDRAIL

DOLLARS &

CENTS $

PER LINEAR FOOT

2.4 0.88 AC RIGHT OF WAY CLEARING

DOLLARS &

CENTS $

PER ACRE

UTZMAN STREET IMPROVEMENTS

SECTION 1 - GENERAL ITEMS

SECTION 2 - EARTHWORK

CITY OF KILGORE UT20-07 00 41 00.01-1

(LIST UNIT PRICE IN WORDS)

2.5 2018 CY UNCASSIFIED EXCAVATION

DOLLARS &

CENTS $

PER CUBIC YARD

2.6 4628 SY SEEDING, HYDROMULCH PARKWAY

DOLLARS &

CENTS $

PER SQUARE YARD

2.7 1 LS STORM WATER POLLUTION PREVENTION AND EROSION CONTROL PER

CITY AND TCEQ REQUIREMENTS

DOLLARS &

CENTS $

PER LUMP SUM

3.1 211 LF 12" RCP

DOLLARS &

CENTS $

PER LINEAR FOOT

3.2 53 LF 48" RCP

DOLLARS &

CENTS $

PER LINEAR FOOT

3.3 4 EA CONNECT EXISTING PIPE

DOLLARS &

CENTS $

PER EACH

3.4 7 EA 12" SLOPED END HEADWALL

DOLLARS &

CENTS $

PER EACH

3.5 1 EA PARALLEL WINGWALL (TXDOT)

DOLLARS &

CENTS $

PER EACH

SECTION 3 - DRAINAGE IMPROVEMENTS

CITY OF KILGORE UT20-07 00 41 00.01-2

(LIST UNIT PRICE IN WORDS)

3.6 1 EA PLUG & ABANDON EXISTING STORM

DOLLARS &

CENTS $

PER EACH

3.7 200 SY ROCK RIPRAP

DOLLARS &

CENTS $

PER SQUARE YARD

4.1 2973 SY 3" HMAC SURFACE

DOLLARS &

CENTS $

PER SQUARE YARD

4.2 3938 SY 9" FLEX BASE (TXDOT ITEM 247)

DOLLARS &

CENTS $

PER SQUARE YARD

4.3 4180 SY 8" LIME TREATED SUBGRADE

DOLLARS &

CENTS $

PER SQUARE YARD

4.4 1132 SF 6" CONCRETE DRIVEWAY

DOLLARS &

CENTS $

PER SQUARE FOOT

4.5 84 TN HYDRATED LIME (40 LB/SY)

DOLLARS &

CENTS $

PER TON

4.6 5 EA CONNECT TO EXISTING PAVEMENT

DOLLARS &

CENTS $

PER EACH

SECTION 4 - PAVING IMPROVEMENTS

CITY OF KILGORE UT20-07 00 41 00.01-3

(LIST UNIT PRICE IN WORDS)

4.8 2 EA W14-1 "DEAD END" SIGNAGE

DOLLARS &

CENTS $

PER EACH

4.9 1 EA w14-2A "NO OUTLET" SIGNAGE

DOLLARS &

CENTS $

PER EACH

4.10 1 EA METAL SWING GATE

DOLLARS &

CENTS $

PER EACH

TOTAL BASE BID

DOLLARS &

CENTS

CITY OF KILGORE UT20-07 00 41 00.01-4

EJCDC® C-430, Bid Bond (Penal Sum Form). Published 2013.

Prepared by the Engineers Joint Contract Documents Committee.

00 43 13 BID BOND

Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable.

BIDDER (Name and Address):

SURETY (Name, and Address of Principal Place of Business):

OWNER (Name and Address):

815 N. Kilgore St.

Kilgore, TX 75662

BID

Bid Due Date:

Description (Project Name— Include Location):

BOND

Bond Number:

Date:

Penal sum $

(Words) (Figures)

Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

BIDDER SURETY

(Seal) (Seal)

Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal

By: By:

Signature Signature (Attach Power of Attorney)

Print Name Print Name

Title Title

Attest: Attest:

Signature Signature

Note: Addresses are to be used for giving any required notice.

Provide execution by any additional parties, such as joint ventures’, if necessary.

EJCDC® C-430, Bid Bond (Penal Sum Form).