CDBG Eckley 51st Specs.pdf

CONTRACT DOCUMENTS AND SPECIFICATIONS

FOR

ROADWAY RECONSTRUCTION

FOR

ECKLEY STREET

(400 BLOCK OF ECKLEY STREET FROM E. WALNUT STREET TO E.

WORTH STREET)

IN THE

CITY OF GRAPEVINE

51st YEAR CDBG

COMMUNITY DEVELOPMENT PROJECT # B-25-UC-48-0001-30-75

TARRANT COUNTY

COMMUNITY DEVELOPMENT DEPARTMENT

2501 PARKVIEW DRIVE, SUITE 420

FORT WORTH, TX 76102

PREPARED BY:

KIMLEY-HORN AND ASSOCIATES

Rev 3.2026

TABLE OF CONTENTS

SUPPLEMENTARY EXHIBIT DOCUMENTS

ADDENDA AND SPECIAL CONDITIONS

WAGE DETERMINATION

BID DOCUMENTS

NOTICE TO BIDDERS

INSTRUCTIONS TO BIDDERS

BIDDER INFORMATION & CERTIFICATION FORM

PROPOSAL

NON-COLLUSION AFFIDAVIT OF PRIME BIDDER

BID BOND

*Administrative Documents

AS-READ BID SUMMARY SHEET*

LOW BID JUSTIFICATION FORM*

CONTRACT AGREEMENT

STANDARD FORM OF AGREEMENT

CERTIFICATE OF INTERESTED PARTIES FORM 1295

REQUIRED BONDS AND INSURANCE

PERFORMANCE BOND

PAYMENT BOND

MAINTENANCE BONDS

CERTIFICATE OF INSURANCE

PROCUREMENT STANDARDS

TABLE OF REQUIRED CONTRACT PROVISIONS

1.0 GENERAL CONDITIONS OF AGREEMENT

2.0 SUPPLEMENTARY GENERAL CONDITIONS

FEDERAL LABOR STANDARDS

HUD-4010 Federal Labor Standards Provisions

3.0 SPECIFICATIONS

☐ This agreement is for services related to a project that is subject to the Build

America, Buy America Act (BABA) requirements under Title IX of the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. 177-58.

☐ This agreement is for services related to a project that is subject to Section 3 of

Housing and Urban Development Act of 1968, as amended by the Housing and Community Development of 1992 (12 U.S.C. § 1701u), per the final rule requirements at 24 CFR part 75.

BID DOCUMENTS

INSTRUCTIONS TO BIDDERS

BIDDER INFORMATION & CERTIFICATIONS FORM

PROPOSAL

NON-COLLUSION AFFIDAVIT OF PRIME BIDDER

BID BOND

1. RECEIPT AND OPENING OF BIDS

The COUNTY OF TARRANT (herein called the "Owner"), invites bids on the form attached hereto, all blanks of which must be appropriately filled in. Bids will be received by the OWNER at the office of TARRANT COUNTY COMMUNITY DEVELOPMENT DIVISION until 10:00 A.M., Wednesday, August 12, 2026 and then at said office publicly opened and read aloud. The envelopes containing the bids must be sealed, addressed to TARRANT COUNTY COMMUNITY DEVELOPMENT DIVISION at 2501 PARKVIEW DRIVE, SUITE 420, FORT WORTH, TX 76102 and designated as Bid for RECONSTRUCTION OF ECKLEY STREET (E. Wanut Street to E. Worth Street).

The OWNER may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within 60 days after bid opening.

2. PREPARATION OF BID

Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his address and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form.

3. METHOD OF BIDDING

The Owner invites bids for the work described in the Contract Documents. Bidders shall submit a base bid based on the unit prices listed in the Proposal. The total bid shall be determined from the completed Proposal submitted by the bidder. In the event of a discrepancy between until prices, extensions or totals, the unit prices shall govern, and the Engineer will correct the extensions and totals accordingly during tabulation. Where alternates are included in the Proposal, bidders shall provide prices for each alternate as indicated. Alternates may be accepted or rejected by the Owner at the Owner’s discretion.

4. QUALIFICATION OF BIDDER

The Owner will make such investigations as he deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and therefore to complete the work contemplated herein. Conditional bids will not be accepted.

NTB-1

5. BID SECURITY

Each bid must be accompanied by a certified check of the bidder, or a bid bond, issued to Tarrant County, duly executed by the bidder as principal and having as surety thereon a surety company approved by the Owner, in the amount of 5% of the bid. Such checks or bid bonds will be returned to all except the three lowest bidders within thirty days after the opening of bids and the remaining checks or bid bonds will be returned promptly after the owner and the accepted bidder have executed the contract or, if no award has been made within sixty days after the date of the opening of bids, upon demand of the bidder at any time thereafter, so long as he has not been notified of the acceptance of his bid.

6. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT

The successful bidder, upon his failure or refusal to execute and deliver the contract and/or bonds required within 10 days after he has received notice of the acceptance of his bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the return of the bid bond and a claim shall be filed with the surety.

7. TIME OF COMPLETION AND LIQUIDATED DAMAGES

Bidder must agree to commence work on or before a date to be specified in a written "Notice to Proceed" by the Owner and to fully complete the project within the specified time as stated in the proposal.

8. CONDITIONS OF WORK

Each bidder must inform themselves fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his contract. Insofar as possible, the Contractor, in carrying out his work, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor.

9. ADDENDA AND INTERPRETATIONS

No interpretation of the meaning of plans, specifications, or other pre-bid documents will be made to any bidder orally. Every request for such interpretation shall be in writing, addressed to the engineer using the delivery system set up for the distribution of the plans and specifications, whether that be digital or hard copy distribution, and to be given consideration, must be received at least five days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be distributed to all prospective bidders through the contact information provided by each individual bidder, not later than the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve the bidder from any obligation under his bid as submitted. All addenda so shall become part of the contract documents.

NTB-2

10. SECURITY FOR FAITHFUL PERFORMANCE

Upon receipt of the executed contract, the Contractor shall furnish a surety bond or bonds as security for faithful performance of this contract and for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract, as specified in the General Conditions included herein. The surety on such bond or bonds shall be a duly authorized surety company satisfactory to the Owner.

11. POWER OF ATTORNEY

Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and current copy of their power of attorney.

12. NOTICE OF SPECIAL CONDITIONS

Attention is particularly called to those parts of the contract documents and specifications which deal with the following:

a. Inspection and testing of materials

b. Insurance requirements

c. Wage rates

d. Stated allowances

e. Build America, Buy America Act (BABA)

f. All governing Federal regulations

13. LAWS AND REGULATIONS

The bidder's attention is directed to the fact that all applicable State laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full.

14. BID EVALUATION AND CONTRACT AWARD

The evaluated bid shall consist of the base bid together with any alternates selected by the Owner. In accordance with federal procurement standards, the Owner reserves the right to determine the combination of base bid and alternates that will be used to identify the lowest responsive and responsible bidder. The Owner may accept or reject any alternates, in any order or combination, based on what best serves the interests of the Owner and the project. Conditional bids will not be accepted.

If, at the time the contract is to be awarded, the lowest evaluated bid from a responsive and responsible bidder does not exceed the amount of funds the Owner has estimated as available to finance the contract, the contract will be awarded to that bidder. If all bids exceed the available funds, the Owner may reject all bids.

-END OF NOTICE TO BIDDERS- See Additional Instructions to Bidders NTB-3

INSTRUCTIONS TO BIDDERS

1. All bids will be opened and awarded based on the applicable provisions of the Texas Local Government Code, as well as any and all other applicable laws.

2. Contractor shall submit the original of the bid proposal to the Owner prior to bid opening.

3. A copy of all opened bids will be made available for inspection by anyone desiring to see them.

4. Owner is entitled to reject any and all bids.

5. Contractor shall calculate and enter the extension for each line item (unit price × quantity). Contractor shall NOT calculate or enter a grand total of all line items on the original bid form. The Engineer will perform the overall summation of all line‑item extensions after the bids have been tabulated.

A total bid amount may be written on the As‑Read Bid Summary sheet for convenience during the public opening. This total is for read‑out purposes only and does not constitute the official bid.

6. Unit and lump sum prices must be shown in words and figures for each item listed in the proposal. In the event of a discrepancy:

a. Words control over figures.

b. Computational and/or mathematical errors will be corrected by the Engineer, and the corrected amount will control over the erroneous amount in determining the bid price.

7. A bid that has been opened may not be changed for the purpose of correcting an error in the bid price.

8. Compensation ultimately paid on this unit price contract will be based on the actual quantities of work performed and accepted. This includes, as applicable, any extra work or changes authorized in accordance with the Contract Documents and Specifications.

Miscellaneous allowances are Owner-controlled allowances. No work shall be performed under any allowance, and no payment shall be made from any allowance, without prior written authorization from the Owner. The cost of allowance work, extra work, and changes will be determined in accordance with the Contract Documents and Specifications, as provided for Extra Work and Change Orders.

Instructions to Bidders Page 1 of 2

9. Unit prices for similar items in the base bid and deductive alternate must be equal.

Miscellaneous allowance amounts are pre-filled by the Engineer and shall not be altered, modified, or replaced by the bidder. Any bid that changes an allowance amount may be deemed non-responsive.

10. At the time of the opening of bids each bidder will be presumed to have inspected the site and to be thoroughly familiar with the plans and Contract Documents and Specifications, including all addenda. The failure or omission of any bidder to examine any form, instrument, or documents shall in no way relieve the bidder of any obligation with respect to the bid. Submission of a signed proposal constitutes acknowledgement of these obligations.

11. It is understood that the quantities of work to be done at unit prices are approximate only and are intended principally to serve as a guide in evaluating bids. Any change order shall require approval by the Commissioners Court of Tarrant County.

It is further agreed that the quantities of work to be done at unit prices and the materials to be furnished 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 otherwise provided in the specifications. The Owner reserves the right to increase or decrease the amount of work to be done by any amount not to exceed twenty-five percent (25%) of the original contract amount.

In the event an increase pertains to items not originally bid, the Contractor shall submit a written price proposal to the Engineer for review. No such extra work shall be performed unless it has been ordered in writing by the Engineer and approved in writing by the Owner prior to performance of the work, in accordance with the Contract Documents.

It is further agreed that lump sum prices may be increased to cover additional work ordered by the Engineer but not shown on the plans or required by the specifications, in accordance with the provisions of the General Conditions; similarly, they may be decreased to cover deletion of work so ordered.

The Owner reserves the right to reject the Contractor’s proposal for such extra work and to have the work performed by others.

12. This project is funded in whole or part with Community Development Block Grant (CDBG) funds regulated by HUD. All applicable federal requirements, including but not limited to those contained in the Contract Documents and Specifications (Wage Determination, HUD-4010, Section 3, Build America Buy America Act, and the Required Contract Provisions under 2 CFR 200), are hereby incorporated by reference and shall govern the work. In the event of a conflict between federal requirements and local or state requirements, the federal requirements shall control.

13. Tarrant County is the Owner and contracting authority for this project. The project City is the beneficiary of the improvements and will participate in project coordination, access, and inspections as applicable. All contractual obligations, approvals, and payments will be administered by Tarrant County.

Instructions to Bidders Page 2 of 2

BIDDER INFORMATION AND CERTIFICATION FORM

Project Number: B-25-UC-48-0001-30-75

CITY OF GRAPEVINE

ROADWAY RECONSTRUCTION

ECKLEY STREET (E. Wanut Street to E. Worth Street)

Full Business Name of Contractor:

Address:

Phone:

County:

Owner/President Email:

Admin. Contact Name & Email:

Project Manager Name, Email, Phone:

Type of Firm o Corp. o Sole Proprietorship o LLC o Other

MBE/WBE: o Woman Owned o Minority Owned Select Racial/Ethnic Category for HUD Reporting Requirements

Asian/Pacific Amer. Hasidic Jew Amer. Indian/Alaska Native

Black or African Amer. Hispanic/Latin Amer. White

Business Principals

President:

Vice President:

Officer:

Manager:

Name of person authorized to sign contracts, contract documents, and enter into contractual agreements on behalf of contractor:

Name of person authorized to sign and certify Payroll Reports, and labor and compliance documents on behalf of contractor:

Bidder Information & Certifications Page 1 of 4

References

Please provide references who can verify your performance as a contractor for a project of similar size and scope of work in this response. Inaccurate, obsolete, or negative responses from the listed references could result in rejection of your bid. Failure to supply the required references may deem the bid as non-responsive at the Owner’s discretion.

Company Name:

Address:

Contact Person Name & Title:

Phone: Contract Period:

Scope of Work:

Company Name:

Contact Person Name & Title:

Company Name:

Contact Person Name & Title:

Bidder Information & Certifications Page 2 of 4

ANTI-BOYCOTT STATUTES:

CONTRACTOR acknowledges they must adhere to Anti-Boycott Statutes if Contractor company is a for-profit entity or business; Company has ten (10) or more full-time employees; and this contract has a value of $100,000.00 or more that is to be paid wholly or partly from public funds of the government entity.

A. Boycott of Israel Prohibited

In compliance with Section 2271.002 of the Texas Government Code, CONTRACTOR verifies that it does not boycott Israel and will not boycott Israel during the term of the contract.

B. Entities that Engage in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited

In compliance with Section 2252.151 et seq. of the Texas Government Code, CONTRACTOR warrants and represents that: neither CONTRACTOR nor any of its affiliates engages in scrutinized business operations in Sudan, Iran, or with an organization designated as a foreign terrorist organization by the United States Secretary of State.

C. Boycott of Energy Companies Prohibited

In compliance with Senate Bill 13, Acts 2021, 87th Leg., R.S., pursuant to Section 2274.002 of the Texas Government Code (relating to prohibition on contracts with companies boycotting certain energy companies), CONTRACTOR verifies, represents and warrants that it does not, and will not for the duration of the contract, boycott energy companies.

D. Discrimination Against Firearm and Ammunition Industries

In compliance with Section 2274.002 of the Texas Government Code, (added by 87th Legislature, S.B.

19) CONTRACTOR verifies that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association (FTA); and will not discriminate during the term of the contract.

Byrd Anti-Lobbying Agreement

No federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, 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 any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;

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, it will notify the Owner and submit Standard Form-LLL, “Disclosure Form to Report Lobbying” in accordance with its instructions; and;

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

Lobbying Certification:

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 section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 but not more than $100,000 for each such failure.

Principal Signature:

Printed Name:

Bidder Information & Certifications Page 3 of 4

If applicable, all required Subcontractor information must be submitted to Owner prior to any work being performed by anyone other than the prime contractor.

Do you anticipate using subcontractors? ☐ Yes ☐ No

Anticipated Scope of Subcontract Work:________________________________________

Certification of Eligibility By submitting a Bid in response to this solicitation, the Bidder certifies that they are not on the Federal Government’s list of suspended, ineligible, or debarred entities and are eligible for award of a federally assisted contract.

By submitting this Bid and signing below, you are agreeing that you are an authorized representative of the Bidder, are duly authorized to sign on behalf of the Bidder and bind the bidder to a contract, if awarded, and attest the information provided is true and correct.

SAM.GOV Unique Entity ID:

Principal Signature:

Date:

FOR TARRANT COUNTY USE ONLY

Excluded Party List Clearance Verification

Contracting Officer Signature:

Contract Award Recheck Date:

Date Verified:

Bidder Information & Certifications Page 4 of 4

PROPOSAL

TO: TARRANT COUNTY

COMMUNITY DEVELOPMENT DIVISION

2501 Parkview Drive, Suite 420 Fort Worth, TX 76102

FOR: ROADWAY RECONSTRUCTION OF ECKLEY STREET

(E. WANUT STREET TO E. WORTH STREET)

CITY OF GRAPEVINE

B-25-UC-48-0001-30-75

The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the form of contract, Notice to Bidders, specifications, and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work; and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the material called for in the contract and specifications in the manner prescribed therein and according to the requirements of the Engineer as therein set forth.

It is understood that the following quantities of work to be done at unit prices are approximate only and are intended principally to serve as a guide in evaluating bids.

It is further agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished 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 below except as provided for in the specifications.

It is further agreed that lump sum prices may be increased to cover additional work ordered by the Engineer but not shown on the plans or required by the Specifications, in accordance with the provisions of the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered.

It is understood and agreed that the work awarded under all Bid scenarios is to be completed in full within 180 calendar days after the date stated in the work order on which work is to be commenced.

Accompanying this proposal is a certified Bidder’s Bond or Cashier’s Check payable to the Owner, Tarrant County, in the amount of Dollars ($ ).

The bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal the bidder shall fail to execute a contract and file a performance bond, maintenance bond, and a payment bond within ten (10) days after its acceptance, in which case the bid security shall become the property of the OWNER, and shall be considered as payment for damages due to delay and other inconveniences suffered by the OWNER on account of such failure of the bidder. It is understood that the OWNER reserves the right to reject any and all bids.

BASE BID

PAVING IMPROVEMENTS FOR ECKLEY STREET (400 BLOCK OF ECKLEY STREET

FROM E. WALNUT STREET TO E. WORTH STREET)

CITY OF GRAPEVINE

BASE BID PART ‘A’ – (Concrete Pavement)

PAY

ITEM

APPROX.

QUANTITY

DESCRIPTION OF ITEMS

WITH

BID PRICES WRITTEN IN

WORDS

UNIT

PRICE

TOTAL

AMOUNT BID

1. 1 LS Mobilization

For the sum of Dollars Cents per lump sum

2. 1 LS Project Allowance

$40,000 $40,000 for the sum of Dollars Cents per lump sum

3. 1 LS Erosion Control (Plans/SWPPP, etc) for the sum of Dollars Cents per lump sum

4. 11 EA Tree Protection

For the sum of Dollars Cents per each

5. 1 LS General Site Preparation (All Removals)

For the sum of Dollars Cents per lump sum

FROM E. WALNUT STREET TO E. WORTH STREET)

BASE BID PART ‘A’ –Concrete Pavement) (Cont.)

PAY

ITEM

APPROX.

QUANTITY

DESCRIPTION OF ITEMS

WITH

BID PRICES WRITTEN IN

WORDS

UNIT

PRICE

TOTAL

AMOUNT BID

6. 1 LS Geotechnical Stabilization Evaluation

For the sum of

Dollars

7. 50 CY Unclassified Excavation for the sum of per cubic yard

8. 50 CY Embankment

9. 2 EA Project Sign per each

10. 5 EA Install Sign Panel and Post

BASE BID PART ‘A’ – (Concrete Pavement) (Cont.)

APPROX.

QUANTITY

DESCRIPTION OF ITEMS

WITH

BID PRICES WRITTEN IN

WORDS

UNIT

PRICE

11. 1 LS Traffic Control per square yard

12. 1,150 SY 2” Finish Course Asphalt

13. 1,150 SY 3” Type D Asphalt

14. 1,150 SY 3” Type B Asphalt

15. 220 SY 4” Concrete Sidewalk

APPROX.

QUANTITY

DESCRIPTION OF ITEMS

WITH

BID PRICES WRITTEN IN

WORDS

UNIT

PRICE

16. 1,340 SY 6” Subgrade Stabilization

17. 640 LF 6” Concrete Curb and Gutter

18. 160 SY 6” Concrete Driveway Approach

19. 1 EA 6” Concrete Flume

20. 40 SY Concrete Pavement (7” Valley Gutter)

APPROX.

QUANTITY

DESCRIPTION OF ITEMS

WITH

BID PRICES WRITTEN IN

WORDS

UNIT

PRICE

21. 2 EA Barrier Free Ramp

22. 70 CY 4” Topsoil

23. 560 SY Sod

24. 4 EA Adjust Water Valve/Meter/Box/Service

25. 4 EA Curb Drain

APPROX.

QUANTITY

DESCRIPTION OF ITEMS

WITH

BID PRICES WRITTEN IN

WORDS

UNIT

PRICE

26. 2 EA Fire Hydrant Assembly

27. 1 LS Landscape & Irrigation Restoration Allowance

$8,000

$8,000 For the sum of

28. 3 SY Rock Riprap

END BASE BID PART ‘A’

CONTRACTOR SHALL NOT INCLUDE THE TOTAL BASE BID ON THE ORIGINAL

PROPOSAL. See Additional Instructions to Bidders in this Section.

NOTE: THE APPARENT LOW BIDDER WILL BE ANNOUNCED APPROXIMATELY TWO

(2) WORKING DAYS AFTER THE BID OPENING.

For purposes of complying with the Texas Tax Code, the Contractor agrees that the charges for any material incorporated into the project in excess of the estimated quantity provided for herein will be no less than the invoice price for such material to the Contractor.

In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond, a payment bond, and a two-year maintenance bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment of all lawful claims for labor performed and materials furnished in the fulfillment of the contract.

The work proposed to be done shall be accepted when fully completed and finished in accordance with the plans and specifications to the satisfaction of the Engineer.

The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final.

NOTE: Unit and lump sum prices must be shown in words and figures for each item listed in this proposal, and in the event of discrepancy, the words shall control. Should bid prices or any item be omitted, the right is reserved to apply the lowest prices submitted by any other bidders for the omitted items in payment for work done under this proposal.

BIDDER INFORMATION AND CERTIFICATION FORM MUST BE SUBMITTED WITH BID.

PROPOSAL MUST BE SIGNED BY THE CONTRACTOR TO BE CONSIDERED AS A VALID BID.

NON-COLLUSION AFFIDAVIT MUST BE SIGNED AND SUBMITTED WITH BID.

Receipt is hereby acknowledged of the following addenda to the contract documents:

Addendum No. 1 ____________________, Received ________________

Addendum No. 2 ____________________, Received ________________

Addendum No. 3 ____________________, Received ________________

Respectfully submitted, (SEAL) By _____________________________________ If Bidder is Corporation Date: _________________ ______________________________________

Title

Address

Phone: ________________________________

NON-COLLUSION AFFIDAVIT OF PRIME BIDDER

STATE OF TEXAS

COUNTY OF TARRANT

______________________________________, being first duly sworn, disposes and says that:

(1) He is ____________________________________________________________ (Owner, Partner, Officer, Representative, or Agent) of_________________________________, the Bidder that has submitted the attached bid;

(2) He is fully informed respecting the preparation and contents of the attached Bid and all of 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 any other 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 any 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 Owner 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.

Signature

Printed Name

Subscribed and sworn to before me this ______day of _________________, 20____.

NOTARY PUBLIC in and for __________________________County, Texas.

My Commission expires: __________________

AS-READ BASE BID SUMMARY

For convenience during the public bid opening, bidders may complete this sheet and place it at the front of the completed proposal packet.

Only the Base Bid will be read aloud at the public opening. Alternate prices submitted with the Proposal will be evaluated by the Owner after bid opening in accordance with the Contract Documents. The amount stated on this sheet is for read-out purposes only and does not constitute the bidder’s official bid. The official bid shall be determined solely from the signed Proposal and verified unit-price tabulation by the Engineer.

TOTAL BASE BID:

Low Bid Justification Form (Required if Bid is ≥ 10% Below Engineer’s Estimate)

Project Name:

Bidder:

Bid Amount: $

Engineer’s Estimate:

Variance: ______ % below estimate

This form demonstrates that your bid is realistic and responsible, and that your company has the financial, technical, and administrative capacity to successfully complete the project at the proposed price. It also confirms your firm’s ability to comply with federal digital and reporting requirements under- 2 CFR 200.318(h) – Contractor responsibility and- 2 CFR 200.323(a) – Cost or price analysis

1. Basis for Low Price Explain why your bid is significantly lower than the engineer’s estimate. Include specific factors such as:

- Unique construction methods or efficiencies

- Bulk purchasing, supplier discounts, or owned equipment advantages

- Reduced overhead or schedule optimization

☐ My bid includes all items of work as required by the plans and specifications.

Full and Complete Explanation:

2. Cost Breakdown Summary

Category Estimated Cost

Labor $

Materials $

Equipment $

Subcontractors $

Overhead %

Profit %

Note: Exclude any fixed Miscellaneous Project Allowance (if applicable) from profit calculations. This allowance is Owner controlled.

Acknowledgment I certify that the information provided is accurate and complete to the best of my knowledge.

Signature: _____________________________________________ Title: ____________________________ Date: ____________________________

BID BOND INSTRUCTIONS

Bid bond must be issued to Tarrant County.

STANDARD FORM OF AGREEMENT

STANDARD FORM OF AGREEMENT

STATE OF TEXAS §

COUNTY OF TARRANT §

This agreement is made and entered into between Tarrant County, Texas (the Owner) and _______________________ herein after referred to as CONTRACTOR. The effective date of this Agreement is the date on which it is approved by the Tarrant County Commissioners Court.

1. In consideration of the payments and agreements mentioned below, the CONTRACTOR agrees with the OWNER to commence and complete the construction of certain improvements described as follows:

Community Development Block Grant (CDBG) Project for “Project Type” Improvements in the Project Location, located in the Project City, Texas, as specified in the proposal and identified by Project Number (hereinafter referred to as the “Project”)

2. The work herein contemplated will consist of the Contractor furnishing, as an independent contractor, the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and all other accessories and services necessary to complete the Project in accordance to the drawings and specifications prepared by _______________________(Engineer), and made a part of this Agreement the same as if written herein, plus all extra work in connection with the improvements, at the CONTRACTOR'S own expense, as noted in the terms of both the General Conditions, Supplementary General Conditions and the Special Conditions of the Agreement.

3. The CONTRACTOR agrees to commence work within ten (10) days from the date agreed to and specified in the "Notice-to-Proceed," and to substantially complete the work within _____________ (____) calendar days after the date specified in the "Notice-to-Proceed” with construction, subject to such extensions of time as are provided in the contract conditions.

4. The Total Contract Price: The OWNER agrees to pay the CONTRACTOR the amount shown in the PROPOSAL, which forms a part of this Contract, with such payments subject to the General and Supplementary Conditions of the contract. Commissioners Court Communication, attached hereto as Exhibit B, states the funding amount available from all sources. The Owner will pay the Contractor for the performance of the work required by the Contract Documents, subject to additions and deductions mutually agreed to by Change Order, the Total Contract Price of $_________________.

5. Based upon applications for payment submitted to Tarrant County Community Development according to the Contract Documents.

6. To the extent permitted by Texas Law, the Contractor agrees to fully indemnify, save, and hold harmless the Owner from all costs or damages arising out of any real or asserted claim or cause of action against it of whatsoever kind or character and in addition, from any and all costs or damages arising out of any wrongs, injuries, demands or suits for damages, either real or asserted, claimed against it that may be occasioned by any act, omission, neglect or misconduct of the said Contractor, its agents, servants or employees. All venue for litigation regarding this project is in the State or Federal District Courts physically located in Tarrant County, Texas.

7. The CONTRACTOR acknowledges and agrees that in accordance with Section 2252.908 (b) –

(c) of the Texas Government Code, it has fully, accurately, and completely disclosed all interested parties on the Texas Ethics Commission’s Form 1295 attached as “Attachment A”.

8. The CONTRACTOR verifies the acceptance and acknowledgement of the anti-boycott statutes as applicable by law and required by Chapters 2271, 2252, and 2274 Texas Government Code Verification as follows:

(a) Boycott of Israel Prohibited. In compliance with Section 2271.001 et seq. of the Texas

Government Code, Contractor verifies that neither it nor any of its affiliates currently boycott Israel and neither it nor any of its affiliates will boycott Israel during the term of this Agreement. “Boycott Israel” is defined in Section 808.001(1) of the Texas Government Code.

(b) Scrutinized Business Operations Prohibited. In compliance with Section 2252.151 et seq. of the Texas Government Code, Contractor warrants and represents that: (1) neither Contractor nor any of its affiliates engages in scrutinized business operations in Sudan; (2) neither Contractor nor any of its affiliates engages in scrutinized business operations in Iran; and (3) neither Contractor nor any of its affiliates engages in scrutinized business operations with designated foreign terrorist organizations.

“Scrutinized business operations in Sudan” is defined in Section 2270.0052 of the Texas Government Code. “Scrutinized business operations in Iran” is defined in Section 2270.0102 of the Texas Government Code. “Scrutinized business operations with designated foreign terrorist organizations” is defined in Section 2270.0152 of the Texas Government Code. Contractor further represents and warrants that neither Contractor nor any of its affiliates appears on any of the Texas Comptroller’s Scrutinized Companies Lists.

(c) Boycott of Certain Energy Companies Prohibited. In compliance with Section

2274.002 of the Texas Government Code (added by 87th Legislature, S.B. 13), Contractor verifies that neither it nor any of its affiliates currently boycott energy companies and neither it nor any of its affiliates will boycott energy companies during the term of this Agreement. “Boycott energy company” is defined in Section 809.001(1) (added by 87th Legislature, S.B. 13) and means, without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company: (A) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (B) does business with a company described by subsection (A).

(d) Discrimination against Firearm Entities or Firearm Trade Associations Prohibited. In compliance with Section 2274.002 of the Texas Government Code (added by 87th Legislature, S.B. 19), Contractor verifies that neither it nor any of its affiliates have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and neither it nor any of its affiliates will discriminate during the term of the Agreement against a firearm entity or firearm trade association. “Discriminate against a firearm entity or firearm trade association” is defined in Section 2274.001(3) (added by 87th Legislature, S.B. 19) and means, with respect to the entity or association, to: (i) refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity 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https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fstatutes.capitol.texas.gov%2FDocs%2FGV%2Fhtm%2FGV.2274.v3.htm%232274.001&data=05%7C02%7CWRDavis%40tarrantcountytx.gov%7C63d6d3af66e14e4edcf108dca1f91eff%7C0ad2db0e41de43fe946cd2cad05bd94d%7C0%7C0%7C638563338766859152%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=MF1BPbhdhq9Kp%2BT382kUYXBsq%2BzvxO2SDnClP8msqS0%3D&reserved=0 or firearm trade association; (ii) refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or (iii) terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; the term does not include: (i) the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories; and (ii) a company’s refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship: (aa) to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency; or (bb) for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity’s or association’s status as a firearm entity or firearm trade association.

9. CONTRACTOR must comply with the requirements of the Build America, Buy America (BABA)

Act, as part of the Infrastructure Investment and Jobs Act (Pub. L. No. 117-58 §§ 70901-52, Nov. 15, 2021, 41 USC § 8301 note), and all applicable rules and notices, as may be amended, if applicable to this infrastructure project. Pursuant to HUD’s Notice, “Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance” (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver.

10. This contract shall not be interpreted to inure to the benefit of a third party not a party to this contract. This contract may not be interpreted to waive any statutory or common law defense, immunity, including governmental immunity, or any limitation of liability, responsibility, or damage of any party to this contract, party’s agent, or party’s employee, otherwise provided by law.

This contract shall be interpreted under the laws of the State of Texas. The venue for any lawsuit arising out of this Agreement will be the Fort Worth Division of the Northern District of Texas if the lawsuit arises in Federal Court or Tarrant County, Texas if the matter arises in state court.

11. Compliance with Laws. In providing the services required by this Agreement, Contractor must observe and comply with all applicable federal, state, and local statutes, ordinances, rules, and regulations, including, without limitation, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, and non-discrimination laws and regulations. Contractor shall be responsible for ensuring its compliance with any laws and regulations applicable to its business, including maintaining any necessary licenses and permits.

12. The Contract Documents consist of the following:

• This Agreement,

• Request for Bid ___________Bid Documents including Notice to Bidders, Bidder Information and Certification Form, Non-Collusion Affidavit and Proposal

• Performance Bond, Payment Bond, Maintenance Bond, Certificate of Insurance,

• General Conditions of Agreement, Supplementary General Conditions

• Technical Specifications, Special Specifications, Special Material and/or Equipment Specifications, Special Conditions

• Federal Labor Standards, Hud-4010, Wage Determination, Employment, Training and Contracting Opportunities for Businesses and Lower Income Persons in Connection with Assisted Projects under Hud Section 3 of The Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) And 24 CFR 75, and all applicable rules and notices, as may be amended,

• and the drawings and blueprints as prepared by the Owner's Engineer;

• Any exhibits attached hereto, conditions of the contract (special, supplementary, and other conditions), all addenda issued prior to the execution of this Agreement and all modifications issued subsequent hereto.

To the extent of an ambiguity among the various documents, this signed Agreement prevails.

These documents collectively form the Contract, and all are as fully a part of the Contract as if attached hereto to this Agreement or repeated herein.

Both OWNER and CONTRACTOR agree to abide by all state and federal laws, statutes, and regulations applicable to the completion of the project described.

Execution of Agreement. This agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy of this agreement, and all of which, when taken together, shall be deemed to constitute one and the same agreement. The exchange of copies of this agreement and of signature pages by electronic transmission shall constitute effective execution and delivery of this agreement as to the parties and may be used in lieu of the original agreement for all purposes. Signatures of the parties transmitted or executed electronically shall be deemed to be their original signatures for any purpose whatsoever.

COUNTY OF TARRANT ___________________________________

STATE OF TEXAS CONTRACTOR

BY: Separate Electronic Signature Page _____________________________________ Tim O’Hare County Judge

Approved as to Form:

Criminal District Attorney’s Office*

*By law, the Criminal District Attorney’s Office may only approve contracts for its clients. We reviewed this document as to form from our client’s legal perspective. Other parties may not rely on this approval. Instead, those parties should seek contract review from independent counsel.

FORM 1295 – CERTICATE OF INTERESTED PARTIES

House Bill 1295, adopted by the 84th Legislature in 2015, created § 2252.908, Texas Government Code, requiring a business entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the…