G:\PTNECHES\10239 CDBG DR Water Facilities\Design\Contract Documents\SPI Front End Contract Documents\Flysheets.docx

TABLE OF CONTENTS

City of Kirbyville, Texas

# Items to be included in bid package.

++ Plus Power of Attorney if needed.

TOC – 1 of 3

Advert isement and Invitat ion for Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 pages

Instruct ions to Bidders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 pages

# Bid Proposal (C-410) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 pages

# Bid Opening Sheet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BO-1

# Financial Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FS-1

# Vendor Compl iance to State Law... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VC-1

#, ++ Bid Bond (C-430) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 pages

# Bonding Company Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BCI-1

# Statement of Bidder’s Qualif icat ions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 pages

Construct ion Contract (C-520) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 pages

Performance and Payment Bonding Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 page

Performance Bond (C-610) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 pages

Payment Bond (C-615) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 pages

+++Disclosure of Interested Party Information (Form 1295) . . . . . . . . . . . . . . . . . . . 2 pages

#House Bi l l 89 Verif icat ion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 page

#SB 252 Chapter 2252 Cert i f icat ion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 page

++Insurance Cert i f icate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . To Be Inserted

Workers’ Compensat ion Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 pages

General Condit ions – Part 1 for Construct ion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 pages

GLO Forms

Federal Labor Standards Provisions (4010) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 pages

Tit le 29 - Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 pages

§135.38 Section 3 Clause .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 page

Cert i f icat ion of Selected Bidder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 page

Section 504 Cert i f icat ion.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 page

#Non-Col lusion Aff idavit of Prime Bidder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 page

Cert i f icat ion Regarding Labor Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 pages

Contractor Cert i f icat ions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 page

Cert i f icat ion Regarding Section 3 & Segregated Facil i t ies . . . . . . . . . . . . . . . . . . . . . . 1 page

Local Opportunity Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 pages

Table A & B .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 page

#Cert i f icat ion Regarding Lobbying . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 page

Section 3 Pol icy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 pages

# Items to be included in bid package.

++ Plus Power of Attorney if needed.

TOC – 2 of 3

EEO Guidel ines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 pages

Minority and Female Goals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 pages

Contractor ’s Cert i f icate of Recovered Material Acknowledgement . . . . . . . . . . . 1 page

Exhibit A, Section 3 Resident El igibi l i ty Form .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 pages

Exhibit B, Cert i f icat ion for Business Concerns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 page

Exhibit C, Efforts to Fully Comply with Employment and Training . . . . . . . . . . . . . . . . . . . . . . . . . 1 page

Exhibit D, Examples of Efforts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 pages

Exhibit J, HUD Complaint Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 pages

Exhibit L, Posting Job Vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 pages

New Employee Information Form .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 page

Section 3 Resident Self-Cert i f icat ion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 page

Cert i f icat ion of Payroll Off icer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 page

#Conf l ict of Interest Questionnaire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 pages

Attorney Review Cert i f icat ion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 page

Cert i f icat ion of Construct ion Complet ion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 page

Contractor ’s Final Payment Aff idavit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 page

Temporary Project Signage .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 page

Child Support Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 pages

Aff irmations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 pages

Assurances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 pages

Wage Rate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 pages

Scope of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 pages

Technical Specif icat ions Section

Item 95 – Technical Specifications for Roadway Construction ................................................95-1

Item 96 – Surface Clearing .....................................................................................................96-1

Item 98 – Abandonment or Removal of Old Structures ............................................98-1 thru 98-2

Item 101 – Placement of Fill Material ................................................................... 101-1 thru 101-3

Item 104 – Fine Grading and Seeding .................................................................. 104-1 thru 104-2

Item 109 – Subgrade ........................................................................................... 109-1 thru 109-2

Item 110 – Existing Utilities .................................................................................................. 110-1

Item 112 – Reconstruction of Asphalt Roads ........................................................................ 112-1

Item 130 – Stormwater Pollution Prevention ........................................................ 130-1 thru 130-3

Item 200 – Structural Concrete .......................................................................... 200-1 thru 200-11

Item 201 – Reinforcement Steel .......................................................................... 201-1 thru 201-5

# Items to be included in bid package.

++ Plus Power of Attorney if needed.

TOC – 3 of 3

Item 400 – Underground Piping Construction .................................................... 400-1 thru 400-12

Item 403 – Casing ................................................................................................................ 403-1

Item 411 – Sewer Flow Control ............................................................................................ 411-1

Item 455 – Testing & Sterilization of Water Lines ................................................. 455-1 thru 455-2

Item 502W – AWWA PVC Pressure Pipe for Potable Water Use ...................................... 502W-1

Item 504 – PVC Gravity Pipe ................................................................................................ 504-1

Item 505 – Reinforced Concrete Pipe.................................................................................... 505-1

Item 516 – Precast Reinforced Concrete Storm Sewers ....................................... 516-1 thru 516-4

Item 1300 – Submittals ................................................................................... 1300-1 thru 1300-4

Item 2010 – Trench Safety Systems................................................................. 2010-1 thru 2010-2

NTB - 1 of 2

NOTICE TO BIDDERS

Sealed bids addressed to the City of Kirbyville, Texas will be received at the office of the City Secretary, 107 S Elizabeth Avenue, Kirbyville, Texas 75956; for furnishing all necessary materials, equipment, superintendence, and labor for the construction for the GLO Contract No.

22-085-075-D334, Herdon/MLK Ditch until 2:00 PM. CT, on, September 24, 2026. Bids will, immediately thereafter, be opened and read aloud at the City of Kirbyville, City Hall, 107 South Elizabeth Avenue, Kirbyville, Texas 75956. Bids are invited for several items and quantity of work as follows;

1. Herdon/MLK Ditch outfall, including but not limited to, constructing earthen ditch (approx.

1306 LF), installing reinforced box culverts (approx. 223 LF), headwalls, concrete riprap, guard rails and associated improvements.

The Contract Documents, Specifications, and Plans may be examined at the following location: A Complete set of the bidding documents are on file at www.civcastusa.com. There is no cost to view the plans, and printing can be done through the website. Sets of hard copies of bidding Documents will not be sold. Complete sets of bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of bidding Documents. Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. Also, plans can be viewed at the City of Kirbyville, 107 South Elizabeth Avenue, Kirbyville, Texas 75956 and Schaumburg & Polk, Inc, 8865 College Street, Beaumont, Texas 77707.

A bid bond in the amount of 5% of the bid issued by the acceptable surety shall be submitted with each bid. A certified check or bank draft payable to City of Kirbyville, Texas or negotiable U.S.

Government Bonds (at par value) may be substituted in lieu of the Bid Bond.

Funding for this project is covered under Section 3 of the Housing and Urban Development Act of 1968. All eligible bidders must comply with Section 3 requirements in regard to meeting or exceeding the required objectives for both hiring and subcontracting. In accordance with these objectives, contractors are required to direct their newly created employment and/or subcontracting opportunities to Section 3 Residents and Business Concerns

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 Granting Agency, Texas General Land Office (GLO) 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, age or national origin.

Pre-Bid Conference will NOT be held on this project. All questions shall be received through CIVCAST or in writing via email and addressed by Addendum. Questions will be received until 11:30 A.M. CT, September 18, 2026.

The City reserves the right to reject any or all bids or to waive any informalities in the bidding. Bids may be held by City 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.

Award of this contract will be made based on the lowest responsive, responsible bid. The right is reserved as the interest of the Owner. Owner may require, to reject any or all bids, and to waive any informality in bids received.

NTB - 2 of 2

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 assisted programs may not undertake any activity in part or in full under this project.

City of Kirbyville is an Affirmative Action/Equal Opportunity Employer. Section 3 Residents, Minority Business Enterprises, Small Business Enterprises, Women Business Enterprises, and labor surplus area firms are encouraged to submit bids.

Frank George, Mayor of Kirbyville 1st Advertisement – September 9, 2026 2nd Advertisement – September 16, 2026

IB - 1 of 4

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.

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.

IB - 2 of 4

d. The City / County 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. Special attention is drawn to this condition, as the unit prices will be used to determine 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 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.

IB - 3 of 4

12. Opening of Bids

The City/County 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

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.

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17. Section 3

Attention is called to the required Section 3 Contracting and hiring objectives specified in the Contract

Documents. These minimum objectives for hiring and contracting must be enforced. It is therefore the responsibility of the Bidder to inform themselves of these requirements.

18. 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.

19. 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 and Federal contract, grant or any other award covered by 31 USC § 1352.

G:\PTNECHES\10239 CDBG DR Water Facilities\Design\Contract Documents\SPI Front End Contract Documents\Flysheets.docx

BID PROPOSAL

This document is a modified version of EJCDC® C-410, Bid Form for Construction Contracts, Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in published EJCDC documents remain subject to the copyright.

BID FORM

City of Kirbyville, Texas

CDBG GLO MIT CONTRACT No. 22-085-075-D334

HERNDON MLK DITCH

ARTICLE 1 – BID RECIPIENT

This Bid is submitted to: City of Kirbyville

107 S. Elizabeth

Kirbyville, Texas 75956

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

ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS

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

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

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

Addendum No. Addendum, Date

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

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

D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to

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

existing surface or subsurface structures at the Site that have been identified in the

Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings.

E. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs.

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

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

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

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

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

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

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

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

ARTICLE 4 – BIDDER’S CERTIFICATION

4.01 Bidder certifies that:

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

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

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

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

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

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

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

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

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

ARTICLE 5 – BASIS OF BID

5.01 Bidder acknowledges that (1) each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor’s overhead and profit for each separately identified item, and (2) estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents.

Bidder will complete the Work in accordance with the Contract Documents for the following price(s):

Item Quantity Unit Description Unit Price Total Price

BASE BID ITEMS

1. 1 LS Mobilization/Demobilization costs, moving equipment to and from project site all in strict accordance with plans & specifications; NOT TO EXCEED 4% OF

TOTAL PROJECT BID for, DOLLARS

CENTS $ $ *

Lump Sum

1,240 LF Construct Earthen Ditch, furnish all labor, material and equipment to construct earthen ditch, including excavation, backfill, connecting all roadside ditches, pipe penetrations, and drainage swales, tie in to proposed head walls and structures, ditch reshaping/grading including any cut and fill, removal of trees and disposal of excess material, all in strict accordance with plans and specifications for

DOLLARS

CENTS $ $ *

Per Linear Foot

204 LF Construct Concrete Ditch, furnish all labor, material and equipment to construct concrete ditch, including excavation, backfill, connecting all roadside ditches, pipe penetrations, and drainage swales, tie in to proposed head walls and structures, ditch reshaping/grading including any cut and fill, removal of trees and disposal of excess material, all in strict accordance with plans and specifications for

DOLLARS

CENTS $ $ *

Per Linear Foot

1 LS Furnish and Install Drainage Structure (West Main

Station 31+15), remove and replace existing culverts (2-

24" RCP) with 6'x2' Reinforced Concrete Box, including all labor, equipment, and materials, removal of existing pipes, excavation, bedding, placing new box culvert, cement stabilized backfill, embankment, roadway base and surface repair, concrete rip-rap, utility adjustments, surface restoration, hydro-mulching and disposal of excess material, all in accordance with plans and specifications for, DOLLARS

CENTS $ $ *

Lump Sum

FLOOD AND DRAINAGE FACILITIES

2.

4.

3.

EAST DREW STREET OUTFALL

CDBG GLO MIT CONTRACT No. 22-085-075-D334

BID PROPOSAL

FLOOD AND DRAINAGE FACILITIES

EAST DREW STREET OUTFALL

CDBG GLO MIT CONTRACT No. 22-085-075-D334

BID PROPOSAL

1 LS Furnish and Install Drainage Structure (South

Herndon Station 26+65), remove and replace existing box culvert with 8'x3' Reinforced Concrete Box, including all labor, equipment, and materials, removal of existing pipes, excavation, bedding, placing new box culvert, cement stabilized backfill, embankment, roadway base and surface repair, concrete rip-rap, utility adjustments, metal beam gaurd fence, surface restoration, hydro-mulching and disposal of excess material, all in accordance with plans and specifications for, DOLLARS

CENTS $ $ *

Lump Sum

1 LS Furnish and Install Drainage Structure (W Levielle

St, Station 26+00), remove and replace existing box culverts with 8'x3' Reinforced Concrete Box, including all labor, equipment, and materials, removal of existing pipes, excavation, bedding, sanitary sewer penetration, placing new box culvert, cement stabilized backfill, embankment, roadway base and surface repair, concrete rip-rap, utility adjustments, metal beam gaurd fence, surface restoration, hydro-mulching and disposal of excess material, all in accordance with plans and specifications for, DOLLARS

CENTS $ $ *

Lump Sum

1 LS Furnish and Install Drainage Structure (West

Martin Luther King St, Station 21+60), remove and replace existing culverts (3-30" CMP) with 8'x3'

Reinforced Concrete Box, including all labor, equipment, and materials, removal of existing pipes, excavation, bedding, placing new box culvert, cement stabilized backfill, embankment, roadway base and surface repair, concrete rip-rap, utility adjustments, metal beam gaurd fence, surface restoration, hydro-mulching and disposal of excess material, all in accordance with plans and specifications for, DOLLARS

CENTS $ $ *

Lump Sum

1 LS Furnish and Install Drainage Structure (South Vallie

Street, Station 13+15), remove and replace existing culverts (3-36" HDPE) with 8'x3' Reinforced Concrete

Box, including all labor, equipment, and materials, removal of existing pipes, excavation, bedding, placing new box culvert, cement stabilized backfill, embankment, roadway base and surface repair, concrete rip-rap, utility adjustments, metal beam gaurd fence, surface restoration, hydro-mulching and disposal of excess material, all in accordance with plans and specifications for, DOLLARS

CENTS $ $ *

Lump Sum

5.

6.

7.

8.

EAST DREW STREET OUTFALL

CDBG GLO MIT CONTRACT No. 22-085-075-D334

BID PROPOSAL

1 LS Furnish and Install Drainage Structure (West Levert

St, Station 8+25), remove and replace existing culverts

(5-36" HDPE) with 8'x3' Reinforced Concrete Box, including all labor, equipment, and materials, removal of existing pipes, headwalls, excavation, bedding, placing new box culvert, upstream headwall, downstream headwall, grate inlet and connection to

RCB, roadside ditch culverts, cement stabilized backfill, embankment, roadway base and surface repair, concrete rip-rap, utility adjustments, metal beam gaurd fence, placing fill, grade to inlet, surface restoration, hydro-mulching and disposal of excess material, all in accordance with plans and specifications for, DOLLARS

CENTS $ $ *

Lump Sum

60 LF Proposed steel casing on existing sewer line exposed in ditch, 16"x 1/4", Station 9+40, complete in place at locations shown on plans, including all excavation, backfill, disposal of excess materials, dewatering, trench safety, and surface restoration, all in strict accordance with the plans and specifications. for

DOLLARS

CENTS $ $ *

Per Linear Foot

60 LF Proposed steel casing on existing sewer line exposed in ditch, 18"x 1/4", Station 9+30, complete in place at locations shown on plans, including all excavation, backfill, disposal of excess materials, dewatering, trench safety, and surface restoration, all in strict accordance with the plans and specifications. for

DOLLARS

CENTS $ $ *

Per Linear Foot

52 SY 6"to 8" Rock Rubble, for erosion control, contractor to furnish and install 12" of rock rubble sufficient to prevent erosion, complete in place, for

DOLLARS

CENTS $ $ *

Per Square Yard

1 LS Traffic Control, Contractor to furnish traffic control sufficient to perform required work. Traffic control shall be in accordance with latest MUTCD Guidelines, complete in place, maintained and removal, for

DOLLARS

CENTS $ $ *

Lump Sum

10.

11.

13.

12.

9.

EAST DREW STREET OUTFALL

CDBG GLO MIT CONTRACT No. 22-085-075-D334

BID PROPOSAL

1 LS Storm Water Pollution Prevention Plan (SWP3), complete, including contractor's plan, required filing fees, filing required documentation, breakdown of implementation and implementation of plan all in strict accordance with plans and specifications for

DOLLARS

CENTS $ $ *

Lump Sum

1 LS Trench Safety System, trench safety protection designed, furnished and installed, complete and in place, including shoring, trench boxes, or other approved means and ways in accordance with Contractor's submittal and plans and specifications for, DOLLARS

CENTS $ $ *

Lump Sum

1 LS Materials Testing during construction including all testing required for construction, to be paid according to invoices submitted, laboratory to be approved by

Engineer, complete in accordance with plans and specifications for, DOLLARS

CENTS $ *

Lump Sum

ALTERNATE BID ITEM

A2. 1,240 LF Construct Concrete Ditch, furnish all labor, material and equipment to construct concrete ditch, including excavation, backfill, connecting all roadside ditches, pipe penetrations, and drainage swales, tie in to proposed head walls and structures, ditch reshaping/grading including any cut and fill, removal of trees and disposal of excess material, all in strict accordance with plans and specifications for

DOLLARS

CENTS $ $ *

Per Linear Foot

14.

* Do NOT extend unit prices or total out bid items. Show unit and lump sum prices in words and figures only. In case

15.

16.

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

ARTICLE 6 – TIME OF COMPLETION

6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.

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

ARTICLE 7 – ATTACHMENTS TO THIS BID

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

A. Required Bid Security;

B. Vendor Compliance Statement;

C. Required Bidder Qualification Statement with supporting data;

D. Bid Opening Sheet;

E. Bonding Company Information;

F. Non-Collusion Affidavit;

G. House Bill 89 Verification;

H. SB 252 Chapter 2252 Certification;

I. Certificate Regarding Lobbying;

ARTICLE 8 – DEFINED TERMS

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

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

ARTICLE 9 – BID SUBMITTAL

BIDDER: [Indicate correct name of bidding entity]

By:

[Signature]

[Printed name]

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

Attest:

[Signature]

[Printed name]

Title:

Submittal

Date:

Address for giving notices:

Telephone Number:

Fax Number:

Contact Name and e-mail address:

Bidder’s License No.:

(where applicable)

BO - 1 of 1

BID OPENING

In the space provided below, please enter your total bid amount for this project. Only this figure will be read at the public bid opening.

It is understood and agreed by the bidder in signing the proposal that the total base bid amount entered below is not binding on either the bidder or the Owner. It is further agreed that the official total bid amount for this proposal will be determined by multiplying the unit prices for each unit price pay item by the respective estimated quantities shown in this proposal, and then totaling all of the extended amounts plus the amounts bid for all lump sum items.

Project: GLO Contract No. 22-085-075-D334

HERNDON MLK DITCH

Jasper County, Texas

Owner: City of Kirbyville, Texas

Total Bid Amount (Items 1-16)

Alternate Bid (Item A2)

FS-1

FINANCIAL STATEMENT

The Bidder shall include in his bid package a current financial statement as required by Instructions to Bidders. The statement shall be enclosed in a separate sealed envelope within the bid package labeled with name of bidder and project title. The envelope will be opened and the statement examined only if bidder is actively considered for award. Otherwise, upon request the envelope will be returned unopened after contract award.

The attached statement will remain confidential and will not be included in contract documents.

VC - 1 of 1

VENDOR COMPLIANCE TO STATE LAW

The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the state of Texas) bid projects for construction, improvements, supplies or services in

Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B.

A. Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached.

Non-resident vendors in (give state), our principal place of business, are not required to underbid resident bidders.

B. Our principal place of business or corporate offices are in the State of Texas.

BIDDER:

By:

Signature:

Title:

Address:

(Please Print)

THIS FORM MUST BE RETURNED WITH YOUR QUOTATION

PENAL SUM FORM

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

Prepared by the Engineers Joint Contract Documents Committee.

BID BOND

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

BIDDER (Name and Address):

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

1.01 OWNER (Name and Address): City of Kirbyville, Texas

107 South Elizabeth Street Kirbyville, Texas 75956

BID

Bid Due Date:

Description (Project Name— Include Location): GLO Contract No. 22-085-075-D334 Herndon MLK Ditch

BOND

Bond Number:

Date:

Penal sum $

(Words) (Figures)

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

BIDDER SURETY

(Seal) (Seal)

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

By: By:

Signature Signature (Attach Power of Attorney)

Print Name Print Name

Title Title

Attest: Attest:

Signature Signature

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

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

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents

(or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation shall be null and void if:

3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

3.2 All Bids are rejected by Owner, or

3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by

Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by

Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from the Bid due date without Surety’s written consent.

6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in

Paragraph 4 above is received by Bidder and Surety and in no case later than one year after the Bid due date.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder shall be in writing…