Bid Documents and Specifications.pdf

SANITARY SEWER COLLECTION SYSTEM IMPROVEMENTS

TxCDBG #CDV23-0104

FOR

CITY OF NEWCASTLE

YOUNG COUNTY, TEXAS

APRIL 2026

Dickey Baynes Mayor Dustin Hobbs Councilor Jeff Altebaumer Councilor Chad Owen Councilor Joshua Duffield Councilor Sarah Riley Councilor Alice Winder City Secretary Brent Casteele Public Works Director

Project Engineers:

Corlett, Probst & Boyd, P.L.L.C. • TBPE F-279

4605 Old Jacksboro Highway Wichita Falls, Texas 76302

(940) 723-1455 • www.cpbwf.com • cpb@cpbwf.com

06/15/2026

Table of Contents

INSTRUCTION TO BIDDERS FOR CONSTRUCTION

SECTION A - BID PROPOSAL FORM

EQUAL OPPORTUNITY GUIDELINES FOR CONSTRUCTION CONTRACTORS

STATEMENT OF BIDDER'S QUALIFICATIONS

CONTRACTOR CERTIFICATIONS

CERTIFICATION OF BIDDER REGARDING CIVIL RIGHTS LAWS AND REGULATIONS

CERTIFICATION REGARDING LOBBYING

CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS

CONTRACTOR’S LOCAL OPPORTUNITY PLAN

NONCOLLUSION AFFIDAVIT OF PRIME BIDDER

CONFLICT OF INTEREST QUESTIONNAIRE

BID BOND

CONSTRUCTION CONTRACT

NOTICE OF AWARD

NOTICE TO PROCEED

GENERAL CONDITIONS FOR CONSTRUCTION - PART I

HUD-4010 – FEDERAL LABOR STANDARDS

TITLE 29: LABOR

CONTRACTOR’S CERTIFICATE OF LIABILITY INSURANCE

PAYMENT BOND

PERFORMANCE BOND

ATTORNEY'S REVIEW CERTIFICATION

CERTIFICATE OF INTERESTED PARTIES FORM 1295 AND INSTRUCTIONS

SECTION 504 CERTIFICATION

MINORITY/FEMALE GOALS AND TIMETABLES

SECTION 3 POLICY ISSUANCE FOR CONSTRUCTION CONTRACTS

SECTION 3 DEFINITIONS:

SECTION 3 REQUIREMENTS FOR OUTREACH AND REPORTING

SECTION 3 EMPLOYER CERTIFICATION FORM

TEMPORARY PROJECT SIGNAGE

SAMPLE CERTIFICATE OF CONSTRUCTION COMPLETION (COCC)

CONTRACTOR’S FINAL PAYMENT AFFIDAVIT

SAMPLE CONSTRUCTION CONTRACT CHANGE ORDER FORM

REQUIRED CONTRACT PROVISIONS

BUY AMERICA, BUILD AMERICA INSTRUCTIONS

MITIGATION MEASURES AND CONDITIONS

SECTION Q - PROJECT-SPECIFIC SPECIAL REQUIREMENTS AND SPECIFICATIONS

TECHNICAL SPECIFICATIONS

06/15/2026

CONSTRUCTION - ADVERTISEMENT & INVITATION FOR BIDS

The CITY OF NEWCASTLE will receive bids for SANITARY SEWER COLLECTION SYSTEM IMPROVEMENTS until 2:00 PM on July 2nd, 2026, at 608 Broadway Avenue Newcastle, TX 76372 At City Hall. The bids will be publicly opened and read aloud at that time and location.

The project is generally described as replacement/rehabilitation sanitary sewer mains, manholes, and other appurtenances and all other associated work. Bids are invited for several items and quantities of work as follows:

1. Installation of up to 810 LF of 10” PVC Sewer Line

2. Installation of up to 365 LF of 8” PVC or CIPP Sewer Line

3. Installation of up to 2,050 LF of 6” PVC or CIPP Sewer Line

4. Installation of up to 10 new sanitary sewer manholes

5. All other necessary work for completion per plans and specifications.

Bid/Contract Documents, including Drawings and Technical Specifications, are on file at the offices of Corlett, Probst, & Boyd PLLC, 4605 Old Jacksboro Hwy, Wichita Falls, TX 76302. Copies of the Bid/Contract Documents may be obtained by depositing $100 with the Engineer for each set of printed documents obtained. The deposit will be refunded if the documents and drawings are returned in good condition within 10 days following the bid opening. Electronic copies will be provided at no charge.

A bid bond in the amount of 5 percent of the bid issued by an acceptable surety shall be submitted with each bid.

A certified check or bank draft payable to the CITY OF NEWCASTLE or negotiable U.S. Government Bonds (as par value) may be submitted in lieu of the Bid Bond.

Attention is called to the fact that not less than the federally determined prevailing (Davis-Bacon and Related

Acts) wage rate, as issued by the Texas Department of Agriculture 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. This project is funded by the Texas Community Development Block Grant (TxCDBG) contract number CDV23-

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

Bids may be held by the CITY OF NEWCASTLE for a period not to exceed 60 days from the date of the bid opening for the purpose of reviewing the bids and investigating the bidder’s qualifications prior to the contract award. The city may award the bid that presents the best value for the City pursuant to Gov't Code Section 2269.055 using the criteria set forth herein. In determining best value for the City, the City Council shall consider: (1) the price; (2) the reputation and experience of the contractor; (3) the quality of the contractor's services; (4) the impact on the ability of the City to comply with rules relating to historically underutilized businesses; (5) the contractor's safety record; (6) the contractor's proposed personnel (7) whether the contractor's financial capability is appropriate to the size and scope of the project; and/or (8) the contractor's past relationship with the City.

Adherence to the grant recipient’s Section 3 Policy is required for all contracts and subcontracts.

All contractors/subcontractors whose System for Award Management (SAM.gov) registration is not active or that are debarred, suspended, or otherwise excluded from or ineligible for participation on federal assistance programs may not undertake any activity in part or in full under this project.

CITY OF NEWCASTLE DICKEY BAYNES, MAYOR

SANITARY SEWER COLLECTION SYSTEM IMPROVEMENTS Bid Documents & Specification 1

INSTRUCTION TO BIDDERS FOR CONSTRUCTION

1. Use of Separate Bid Forms

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

2. Interpretations or Addenda

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

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

3. Inspection of Site

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

4. Alternate bid items

No alternate bids or bid items will be considered unless they are specifically requested by the technical specifications.

5. Bids

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

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

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

SANITARY SEWER COLLECTION SYSTEM IMPROVEMENTS Bid Documents & Specification 2

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

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

6. Bid Modifications Prior to Bid Opening

a. Any bidder may modify its bid by submitting a modification or supplemental bid at any time prior to the scheduled closing time for receipt of bids, provided such modification or supplemental bid is received by the locality prior to the closing time. The modification or supplemental bid should not reveal the original bid price but should provide only the addition, subtractions or other modifications to the original bid so that the final prices or terms will not be known by the locality until the sealed bid is open.

7. Bid Bond

a. A bid bond in the amount of 5% of the bid issued by an acceptable surety shall be submitted with each bid [for contracts greater than $100, 000,]. A certified check or bank draft payable to the locality or negotiable U.S. Government Bonds (as par value) may be submitted in lieu of the Bid Bond.

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

8. Statement of Bidders Qualifications

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

9. Unit Price

The unit price for each of the several items in the bid shall include its pro rata share of overhead so that the sum of the products obtained by multiplying the quantity shown for each item by the unit price bid represents the total bid. Any bid not conforming to this requirement may be rejected as informal.

The Department will sum the products of the quantities and the unit prices bid in the proposal form, including any selected alternates, to determine the official total bid amount. The official total bid amount is the basis for determining the apparent low Bidder. The total bid amounts will be compared and the results made public.

Special attention is drawn to this condition, as the unit prices will be used to determine the total bid price and the amount of any change orders resulting from an increase or decrease in quantities.

10. Corrections

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

11. Time for Receiving Bids

Bids received prior to the advertised hour of opening shall be kept securely sealed. The officer appointed to open the bids shall decide when the specified time has arrived and no bid received thereafter will be considered; except

SANITARY SEWER COLLECTION SYSTEM IMPROVEMENTS Bid Documents & Specification 3 that when a bid arrives by mail after the time fixed for opening, but before the reading of all other bids is completed, and it is shown to the satisfaction of the Grant Recipient that the late arrival of the bid was solely due to delay in the mail for which the bidder was not responsible, such bid will be received and considered.

12. Opening of Bids

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

13. Withdrawal of Bids

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

14. Award of Contract/Rejection of Bids

a. The contract will be awarded to the responsive, responsible Bidder submitting the lowest/best bid.

The bidder selected will be notified at the earliest possible date. The locality reserves the right to reject any or all bids and to waive any informality in bids received where such rejection or waiver is in its interest.

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

15. Execution of Agreement/Performance and Payment Bonds

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

b. Payment Bonds- Requires all prime contractors which enter into a formal contract with the State, a county, or a municipality; a department, board, or agency of the state, a county, or a municipality;

and a school district or a subdivision thereof, to furnish to the governmental entity a payment bond in the amount of the contract. The payment bond must be filed within 30 days from the date of the Notice of Award:

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

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

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

16. Wages and Salaries

SANITARY SEWER COLLECTION SYSTEM IMPROVEMENTS Bid Documents & Specification 4

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

17. Equal Employment Opportunity

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

18. Certification Regarding Lobbying –

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

SANITARY SEWER COLLECTION SYSTEM IMPROVEMENTS Bid Documents & Specification 5

SECTION A - BID PROPOSAL FORM

Proposal of hereinafter called the "Bidder."

To: CITY OF NEWCASTLE

608 Broadway Avenue Newcastle, TX 76372

To whom it may concern:

The Bidder, in compliance with your Notice to Bidders for the Sanitary Sewer Improvements, This CDBG project CDV23-0104 is generally described as the replacement/rehabilitation sanitary sewer mains, manholes, and other appurtenances and all other associated work.; and, Having thoroughly examined the plans, specifications, Instructions to Bidders, Notice to Bidders, and all of the other related contract documents as amended by proper addenda, and the site(s) of the proposed work and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, as amended by proper addenda, in accordance with the time set forth therein and at the prices stated in Attachment A.

The Bidder confirms that the General Provisions and the standard specifications for this contract are located in the current edition of the Standard Specifications for Public Works Construction - North Central Texas, published by and available through the North Central Texas Council of Governments, Arlington, Texas.

The Bidder has submitted an original Proposal and a legible electrostatic (e.g. XEROX) copy of this Proposal as outlined in the Instructions to Bidders. The Bidder has signed the indicated lines on Attachment A. The Bidder has initialed all changes.

Accompanying this Bid Proposal is a cashier's check, certified check, or acceptable bid bond (in general agreement with the provisions of the form provided) in the total amount of $ 5% of total (not less than five percent of the maximum amount Bid) made payable to the City of Bryson. The bid security will be returned to the Bidder unless, in case of award, the undersigned fails to execute a contract and file the required bonds and insurance within fourteen (14) calendar days of the date of receipt of a written Notice of Award, in which case it shall be retained by the Owner as liquidated damages due to delay and other inconveniences suffered by the Owner as a result of such failure on the part of the Bidder.

It is understood that the CITY OF NEWCASTLE reserves the right to reject any or all bids.

It is understood that the quantities of work to be done at unit prices indicated on Attachment A are approximate only and are intended principally to serve as a guide in evaluating bids. It is further agreed that, subject to the constraints of the General Provisions, the quantities of work to be done and materials to be furnished at the unit prices bid may be increased or decreased as may be considered necessary, in the opinion of the Engineer, to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased are to be performed at the unit prices set forth except as provided for in the General Provisions.

Bidder hereby agrees to commence work under this contract within fourteen (14) calendar days of the date specified in a written "Notice to Proceed" by the CITY OF NEWCASTLE, and to complete the project within 180 calendar days thereafter as stipulated in the General Provisions.

In the event of the award of a contract to the undersigned by the Board of the CITY OF NEWCASTLE, the undersigned will furnish Performance, and Payment Bonds in the amount required, to secure proper compliance with the terms and provision of the contract, to guarantee and insure the work until final completion

SANITARY SEWER COLLECTION SYSTEM IMPROVEMENTS Bid Documents & Specification 6 and acceptance and to guarantee payment of all lawful claims for labor performed and materials furnished in the fulfillment of the contract.

The undersigned certifies that the bid prices shown on Attachment A have been carefully checked and are submitted as correct and final.

All addenda have been signed and submitted with the bid proposal.

The address indicated below will be used for all correspondence in relation to this contract unless otherwise noted.

Contractor Telephone No. _________________________

By

Seal Title (If Corporation)

Address ATTEST:

Secretary

NOTE: Powers of attorney authorizing agents to sign the proposal must be certified, must be in writing and must accompany this proposal.

Before submitting the bid, the contractor shall ensure that all of the items below are signed and included. The omission of these items may result in the bidder's disqualification.

• Bid Bond

• Attachment A Bid Proposal form(s)

• Statement of Bidder’s Qualifications

• Certification of Bidder Regarding Civil Rights Laws and Regulations

• Certification Regarding Lobbying (and disclosure of lobbying activities if applicable)

• Noncollusion Affidavit of Prime Bidder

• Conflict of Interest Questionnaire

• Contractor’s Local Opportunity Plan

• All Addenda (if applicable) shall be signed and inserted in this bid.

• Finally, be sure to double-check your math on the proposal form (this includes the long and short-form unit prices, the total item prices, and the total for each bid). Some funding sources can make it difficult to correct errors, even with the contractor’s signature. Bids with calculation errors may result in a delay in the awarding of the bid or possible disqualification of the bidder in some cases.

____________ Addenda 1 ____________ Addenda 2 ____________ Addenda 3

SANITARY SEWER COLLECTION SYSTEM IMPROVEMENTS Bid Documents & Specification 7

ATTACHMENT A: BID PROPOSAL FORMS

SANITARY SEWER COLLECTION SYSTEM IMPROVEMENTS Bid Documents & Specification 8

SANITARY SEWER COLLECTION SYSTEM IMPROVEMENTS Bid Documents & Specification 9

SANITARY SEWER COLLECTION SYSTEM IMPROVEMENTS Bid Documents & Specification 10

SANITARY SEWER COLLECTION SYSTEM IMPROVEMENTS Bid Documents & Specification 11

A1001

EQUAL OPPORTUNITY GUIDELINES FOR CONSTRUCTION CONTRACTORS

Note: To be included in bid packet and distributed at the preconstruction conference (optional)

1. What are the responsibilities of the offeror or bidder to ensure equal employment opportunity?

For contracts over $ 10,000, the offeror or bidder must comply with the "Equal Opportunity Clause" and the "Standard Federal Equal Opportunity Construction Contract Specifications."

2. Are construction contractors required to ensure a legal working environment for all employees?

Yes, it is the construction contractor's responsibility to provide an environment free of harassment, intimidation, and coercion to all employees and to notify all foremen and supervisors to carry out this obligation, with specific attention to minority or female individuals.

3. To alleviate developing separate facilities for men and women on all sites, can a construction contractor place all women employees on one site?

No, two or more women should be assigned to each site when possible.

4. Are construction contractors required to make special outreach efforts to Section 3 or minority and female recruitment sources?

Yes, construction contractors must establish a current list of Section 3, minority and female recruitment sources. Notification of employment opportunities, including the availability of on-the-job training and apprenticeship programs, should be given to these sources. The efforts of the construction contractors should be kept in file.

5. Should records be maintained on the number of Section 3 residents, minority and females applying for positions with construction contractors?

Yes, records must be maintained to include a current list of names, addresses and telephone numbers of all Section 3, minority and female applicants. The documentation should also include the results of the applications submitted.

6. What happens if a woman or minority is sent to the union by the Contractor and is not referred back to the Contractor for employment?

If the unions impede the construction contractor's responsibility to provide equal employment opportunity, a written notice should be submitted to TDA.

7. What efforts are made by construction contractors to create entry-level positions for Section 3 residents, women and minorities?

Construction contractors are required to develop on-the-job training programs, or participate in training programs, especially those funded by the Department of Labor, to create positions for Section 3 residents, women and minorities and to meet employment needs.

8. Are any efforts made by the Contractor to publicize their Equal Employment Opportunity (EEO) policy?

Yes, the construction contractor is responsible for notifying unions and sources of training programs of their equal employment opportunity policy. Unions should be requested to cooperate in the effort of equal opportunity. The policy should be included in any appropriate manuals, or collective bargaining agreements. The construction contractor is encouraged to publicize the equal employment opportunity policy in the company newspaper and annual report. The Contractor is also responsible to include the EEO policy in all media advertisement.

9. Are any in-service training programs provided for staff to update the EEO policy?

At least annually a review of the EEO policy and the affirmative action obligations are required of all personnel employees of a decision-making status. A record of the meeting including date, time, SANITARY SEWER COLLECTION SYSTEM IMPROVEMENTS Bid Documents & Specification 12 location, persons present, subject matter discussed, and disposition of the subject matter should be maintained.

10. What recruitment efforts are made for Section 3 residents, minorities and women?

The construction contractor must notify both orally and in writing, Section 3, minority and female recruitment sources one month prior to the date of acceptance for apprenticeship or other training programs.

11. Are any measures taken to encourage promotions for minorities and women?

Yes, an annual evaluation should be conducted for all minority and female personnel to encourage these employees to seek higher positions.

12. What efforts are taken to insure that personnel policies are in accordance with the EEO policy?

Personnel policies in regard to job practices, work assignments, etc. should be continually monitored to insure that the EEO policy is carried out.

13. Can women be excluded from utilizing any facilities available to men?

No, all facilities and company activities are non-segregated except for bathrooms or changing facilities to ensure privacy.

14. What efforts should be utilized to include minority and female contractors and suppliers?

Take affirmative steps to ensure that small, minority, and women owned businesses are included on all lists for contractors/service providers. Solicit these businesses when issuing RFPs and RFQs and soliciting construction bids. Divide project activities into small tasks to allow participation. Keep records of all offers to minority and female construction contractors.

15. If a construction contractor participates in a business related association that does not comply with equal opportunity affirmative action standards, does that show his/her failure to comply?

No, the construction contractor is responsible for its own compliance.

16. Can a construction contractor hire a subcontractor who has been debarred from government contracts pursuant to EEO?

No. The construction contractor must suspend, terminate or cancel its contract with any Subcontractor who is in violation of the EEO policy.

17. What effort has been taken by the construction contractor to monitor all employment to insure the company EEO policy is being carried out?

The construction contractor must designate a responsible individual to keep accurate records of all employees that includes specific information required by the government.

SANITARY SEWER COLLECTION SYSTEM IMPROVEMENTS Bid Documents & Specification 13

STATEMENT OF BIDDER'S QUALIFICATIONS

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

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

Work Presently Under Contract:

Contract $ Amount Completion Date

Attach additional sheets if necessary

Type of work performed by your company:

Total Staff employed by Firm (Include breakdown by Managers and Trades on separate sheet):

Have you ever failed to complete any work awarded to you? (If yes, please attach summary on a separate sheet. Include brief explanation of cause and resolution)

⬛⬛ Yes No

Have you ever defaulted on a contract? (If yes, please attach summary of details on a separate sheet.)

Date:

Bidder (Legal Name of Firm):

Date Organized:

Name of Owner(s):

Address:

Date Incorporated:

Federal ID Number:

Number of Years in contracting business under present name

SANITARY SEWER COLLECTION SYSTEM IMPROVEMENTS Bid Documents & Specification 14

Has your organization had any disbarments or suspensions that have been imposed in the past five years or that was still in effect during the five-year period or is still in effect? (If yes, list and explain; such list must include disbarments and suspensions of officers, principals, partners, members, and employees of your organization.)

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

Project $ Amount Month/Year Completed

Attach additional sheets if necessary Major equipment available for this contract:

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

(Optional) Minority Business Reporting Information:

Owner’s Race: Owner’s

Ethnicity: Owner’s

Gender:

Are you a Section 3 business? � Yes No

Section 3 Business Concerns:

a) Businesses that are 51 percent or more owned by Section 3 residents;

b) Businesses whose permanent, full-time employees include persons, at least 30 percent of whom are currently Section 3 residents, or within three years of the date of first employment with the firm were Section 3 residents;

c) Businesses that provide evidence of a commitment to subcontract in excess of 25 percent of the dollar amount of all subcontracts to be awarded to businesses that meet the qualifications described above;

or

d) Businesses located within the Grant Recipient’s jurisdiction that identifies themselves as Section 3 Business Concerns because they provide economic opportunities for low- and very low-income persons.

SANITARY SEWER COLLECTION SYSTEM IMPROVEMENTS Bid Documents & Specification 15

Bank References Address: Contact Name:

City & State: Zip: Phone Number:

Credit available: $

Has the firm or predecessor firm been involved in a bankruptcy or reorganization? (If yes, please attach summary of details on a separate sheet.)

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

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

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

Signed this day of , 20 .

Signature Printed Name and Title

Company Name

Notary Statement:

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

Subscribed and sworn before me this day of , 20 .

Signature of Notary Public Printed Name

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

SANITARY SEWER COLLECTION SYSTEM IMPROVEMENTS Bid Documents & Specification 16

PROPOSED CONTRACTS BREAKDOWN

Type of Contracts – list all construction, materials, or other types of subcontracts (for example: electrical, plumbing, concrete, boring, etc.)

No. of Contracts – Number of contracts under this category

Approximate Total Dollar Amount – Total amount of each contract

Estimated No. to Local Business – Number of contracts awarded to local businesses and Section 3 businesses

Estimated $ Amount to Local Business - How many dollars will be spent locally for each type of contract?

For example: will you hire any local employees or subcontractors?

Estimated Project Workforce Breakdown Work Classifications – Classification of project employees as defined on Wage Rate

Total Estimated Positions – List the number employees for each work classification will you need on this project

Number of Positions Currently Filled – List the number of estimated positions you currently have filled

Number of Positions Not Filled – List the number of estimated positions you currently do not have filled

Number of Positions to Fill with Low to Moderate Income (Section 3) Residents – List the number of local residents earning low to moderate incomes that you plan to employ to fill the estimated positions not filled.

SANITARY SEWER COLLECTION SYSTEM IMPROVEMENTS Bid Documents & Specification 17

CONTRACTOR CERTIFICATIONS

U.S. Department of Housing and Urban Development

CERTIFICATION OF BIDDER REGARDING CIVIL RIGHTS LAWS AND

REGULATIONS

INSTRUCTIONS

CERTIFICATION OF BIDDER REGARDING Executive Order 11246 and Federal Laws Requiring Federal Contractor to adopt and abide by equal employment opportunity and affirmative action in their hiring, firing, and promotion practices. This includes practices related to race, color, gender, religion, national origin, disability, and veterans’ rights.

NAME AND ADDRESS OF BIDDER (include ZIP Code)

CERTIFICATION BY BIDDER

Bidder has participated in a previous contract or subcontract subject to Civil Rights Laws and Regulations.

Yes No

The undersigned hereby certifies that:

The Provision of Local Training, Employment, and Business Opportunities clause (Section 3 provision) is included in the Contract.

The Equal Opportunity clause is included in the Contract (if bid equals or exceeds $10,000).

Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as amended?

Yes No

NAME AND TITLE OF SIGNER (Please type)

SIGNATURE DATE

SANITARY SEWER COLLECTION SYSTEM IMPROVEMENTS Bid Documents & Specification 18

CERTIFICATION REGARDING LOBBYING

(To be submitted with each bid or offer exceeding $100,000)

The undersigned certifies, to the best of his or her knowledge and belief, that:

(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

(c) The undersigned shall require that the language paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995).

The Contractor, ___________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.

Signature of Contractor’s Authorized Official

Printed Name and Title of Contractor’s Authorized Official

Date

SANITARY SEWER COLLECTION SYSTEM IMPROVEMENTS Bid Documents & Specification 19

SANITARY SEWER COLLECTION SYSTEM IMPROVEMENTS Bid Documents & Specification 20

SANITARY SEWER COLLECTION SYSTEM IMPROVEMENTS Bid Documents & Specification 21

U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM

CONTRACTOR’S CERTIFICATION

CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS

TO (appropriate recipient)

DATE

PROJECT NUMBER (if any)

C/O

PROJECT NAME

1. The undersigned, having executed a contract with for the construction of the above-identified project, acknowledges that:

(a) The Labor Standards provisions are included in the aforesaid contract,

(b) Correction of any infractions of the aforesaid conditions, including infractions by any subcontractors and any lower tier subcontractors, is

Contractor’s responsibility.

2. Certifies that:

(a) Neither Contractor nor any firm, partnership or association in which it has substantial interest is designated as an ineligible contractor by the

Comptroller General of the United States pursuant to Section 5.6(b) of the Regulations of the Secretary of Labor, Part 5 (29 CFR, Part 5) or pursuant to Section 3(a) of the Davis-Bacon Act, as amended.

(b) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such subcontractor or any firm, corporation, partnership or association in which such subcontractor has a substantial interest is designated as an ineligible contractor pursuant to any of the aforementioned regulatory or statutory provisions.

3. Contractor agrees to obtain and forward to the aforementioned recipient within ten days after the execution of any subcontract, including those executed by subcontractors and any lower tier subcontractors, a Subcontractor’s Certification Concerning Labor Standards and Prevailing Wage Requirements executed by the subcontractors.

4. Certifies that:

(a) The legal name and the business address of the undersigned are:

(b) The undersigned is (choose one):

(1) A SINGLE PROPRIETORSHIP

(3) A CORPORATION ORGANIZED IN THE STATE OF

(2) A PARTNERSHIP

(4) OTHER ORGANIZATION (Describe)

(c) The name, title and address of the owner, partners or officers of the undersigned are:

NAME TITLE ADDRESS

(d) The names and addresses of all other persons having a substantial interest in the undersigned, and the nature of the interest are:

NAME ADDRESS NATURE OF INTEREST

SANITARY SEWER COLLECTION SYSTEM IMPROVEMENTS Bid Documents & Specification 22

(e) The names, addresses and trade classifications of all other building construction contractors in which the undersigned has a substantial interest are:

NAME ADDRESS TRADE CLASSIFICATION

(Contractor)

SANITARY SEWER COLLECTION SYSTEM IMPROVEMENTS Bid Documents & Specification 23

CONTRACTOR’S LOCAL OPPORTUNITY PLAN

_(name of company) agrees to implement the following specific affirmative action steps directed at increasing the utilization of lower income residents and businesses within the CITY

OF NEWCASTLE.

i) To ascertain from the City/County’s CDBG program official the exact boundaries of the project area and where advantageous, seek the assistance of local officials in preparing and implementing the affirmative action plan.

ii) To attempt to recruit from within the city the necessary number of lower income residents through: local advertising media, signs placed at the proposed site for the project, and community organizations and public or private institutions operating within and servicing the project area such as Service Employment and Redevelopment (SER), Opportunities

Industrialization Center (OIC), Urban League, Concentrated Employment Program, Hometown

Plan, or the U.S. Employment Service.

iii) To maintain a list of all lower income residents who have applied either on their own or on referral from any source, and to employ such persons, if otherwise eligible and if a vacancy exists.

iv) To insert this plan in all bid documents and to require all bidders on subcontracts to submit an affirmative action plan including utilization goals and the specific steps planned to accomplish these goals.

v) To ensure that subcontracts (greater than $10,000), which are typically let on a negotiated rather than a bid basis in areas other than the covered project area, are also let on a negotiated basis, whenever feasible, in a covered project area.

vi) To formally contact unions, subcontractors, and trade associations to secure their cooperation in this effort.

vii) To ensure that all appropriate project area business concerns are notified of pending sub-contractual opportunities.

viii) To maintain records, including copies of correspondence, memoranda, etc., which document that all of the above affirmative action steps have been taken.

ix) To appoint or recruit an executive official of the company or agency as Equal Opportunity

Officer to coordinate the implementation of this plan.

x) To maintain records concerning the amount and number of contracts, subcontracts, and purchases which contribute to objectives.

SANITARY SEWER COLLECTION SYSTEM IMPROVEMENTS Bid Documents & Specification 24

xi) To maintain records of all projected work force needs for all phases of the project by occupation, trade, skill level, and number of positions and to update these projections based on the extent to which hiring meets these Local Opportunity objectives.

As officers and representatives of (name of company) , we the undersigned have read and fully agree to this Plan and the Grantee’s Section 3 Plan and become a party to the full implementation of the program and its provisions.

Signature

Printed Name

Title

SANITARY SEWER COLLECTION SYSTEM IMPROVEMENTS Bid Documents & Specification 25

NONCOLLUSION AFFIDAVIT OF PRIME BIDDER

State of Texas )

County of )

, being first duly sworn, deposes and says that:

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

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

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

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

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

(Signed)

Title

Subscribed and sworn to me this day of .

By:

Notary Public

My commission expires

SANITARY SEWER COLLECTION SYSTEM IMPROVEMENTS Bid Documents & Specification 26

CONFLICT OF INTEREST QUESTIONNAIRE

SANITARY SEWER COLLECTION SYSTEM IMPROVEMENTS Bid Documents & Specification 27

SANITARY SEWER COLLECTION SYSTEM IMPROVEMENTS Bid Documents & Specification 28

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we the undersigned, as

PRINCIPAL, and , as SURETY are held and firmly bound unto (CITY OF NEWCASTLE) hereinafter called the "Local Public Agency”, in the penal sum of

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

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

Accompanying Bid, dated , for SANITARY SEWER COLLECTION SYSTEM

IMPROVEMENTS

NOW, THEREFORE, the Principal shall not withdraw said Bid within the period specified therein after the opening of the same, or, if no period be specified, within thirty (30) days after the said opening, and shall within the period specified therefor, or if no period be specified, within ten (10) days after the prescribed forms are presented to him for signature, enter into a written contract with the Local Public Agency in accordance with the Bid as accepted, and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract; or in the event of the withdrawal of said Bid within the period specified, or the failure to enter into such Contract and give such bond within the time specified, if the Principal shall pay the Local Public Agency the difference between the amount specified in said Bid and the amount for which the local Public Agency may procure the required work or supplies or both, if the latter be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue.

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

Company Name: __________________________________________________________________________ (Principal)

By (Signature): __________________________________________

Printed Name: __________________________________________ (SEAL)

Title: __________________________________________________ (President / Managing Member / Authorized Representative)

Address: ________________________________________________________________________________

ATTEST / WITNESS FOR PRINCIPAL:

*(If Corporation, Secretary attests and affixes Corporate Seal. If LLC/Partnership, a Witness signs).*

By (Signature): __________________________________________ (SEAL)

Printed Name / Title: _____________________________________

CONTINUED NEXT PAGE

SANITARY SEWER COLLECTION SYSTEM IMPROVEMENTS Bid Documents & Specification 29

Surety Name: ____________________________________________________________________________ (Surety)

By (Signature): ______________________________________ (Attorney-in-Fact)

Printed Name: _______________________________________

Address: ________________________________________________________________________________

ATTEST / WITNESS FOR SURETY:

By (Signature): ______________________________________

Printed Name / Title: __________________________________

COUNTERSIGNED

* Attorney-in-Fact, State of Texas

CERTIFICATE AS TO CORPORATE PRINCIPAL

I, , certify that I am the Secretary of the Corporation named as Principal in the bid bond; that

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

Corporate Seal

Signature:

Title: __________________________________

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

SANITARY SEWER COLLECTION SYSTEM IMPROVEMENTS Bid Documents & Specification 30

SANITARY SEWER COLLECTION SYSTEM IMPROVEMENTS Bid Documents & Specification 31

CONSTRUCTION CONTRACT

THIS AGREEMENT made this the __________ day of , by and between

______________________(a corporation organized and existing under the laws of the State of Texas) hereinafter called the “Contractor”, and the CITY OF NEWCASTLE, Texas hereinafter called the “City.”

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

ARTICLE 1. Statement of Work.