Contract Docs _ Specs - Simon _ Olede Canal Crossing Improvements.pdf
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- Solicitation number
- 2430
- Issued by
- Johnson County, Beaumont City, Texas
About this file
This is a contract documents and specifications package issued by the Lower Neches Valley Authority for construction improvements to two canal crossing sites in Chambers County, Texas. The project consists of Simon Canal Crossing Improvements at FM 1663, which involves installing four 60-inch Hobas pipes and constructing a concrete headwall, and Olede Canal Crossing Improvements at FM 1410, which involves installing three 60-inch Hobas pipes and constructing a concrete check structure. Sealed bids in duplicate were due by 11:00 a.m. local time on Thursday, October 8, 2026, with public opening and reading of bids to follow at that time. A pre-bid conference was scheduled for 10:00 a.m. on Wednesday, September 23, 2026, at the Lower Neches Valley Authority offices in Beaumont, Texas, with attendance optional. The Notice of Award was anticipated by October 21, 2026, with a Notice to Proceed anticipated by November 30, 2026. Substantial Completion is required by March 15, 2027, defined as removal of all temporary earthen dams and restoration of normal canal flow at both sites, with Final Completion by April 15, 2027. Construction activities are limited to between November 1 and April 15 of each year due to operational requirements of the agricultural canal system, and simultaneous road closures at both sites are not permitted.
Bids are submitted on a unit price basis with separate lump sum and unit price items for each project site. Bid security of five percent of the maximum bid price is required in the form of a bid bond. The Texas Water Code Section 49.276 governs payment procedures, with progress payments made on or about the 15th of each month at 90 percent of completed work value, with retainage reduced to zero if 50 percent or more of work is completed and character and progress remain satisfactory. Liquidated damages of $1,000 per calendar day apply for delays beyond the Final Completion date of April 15, 2027. All bids must remain subject to acceptance for 60 days after bid opening. The contractor must obtain a performance bond and payment bond for 100 percent of the contract amount, and must comply with prevailing wage rate requirements under Texas State Laws. Bidding documents were available online at no cost through www.civcastusa.com, and bidders were required to register as plan holders to receive addenda. Texas state sales and use tax exemptions apply to materials and equipment incorporated into the work.
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LOWER NECHES VALLEY AUTHORITY
CONTRACT DOCUMENTS & SPECIFICATIONS
September 2026
SIMON CANAL CROSSING IMPROVEMENTS
AT FM 1663 (SIM X 2.73)
OLEDE CANAL CROSSING IMPROVEMENTS
AT FM 1410 (OLE X 0.15)
CHAMBERS COUNTY, TEXAS
7850 EASTEX FREEWAY P.O. BOX 5117 T: (409) 892-4011
BEAUMONT, TX 77708 BEAUMONT, TX 77726 F: (409) 898-2468
09/14/2026
TABLE OF CONTENTS
BIDDING REQUIREMENTS PAGE NO.
Advertisement for Bids
Instructions to Bidders
Bid Form
Bid Bond
Vendor Compliance Statement
Qualifications Statement
CONDITIONS OF THE CONTRACT
Agreement
House Bill 1295 Form
Insurance Certificate(s)
Performance Bond
Payment Bond
General Conditions
Supplementary Conditions
Wage Rate Determinations
TECHNICAL SPECIFICATIONS
General Notes
Technical Specifications
APPENDIX
Geotechnical Engineering Report – Simon Canal
Geotechnical Engineering Report – Olede Canal
This document is a MODIFIED version of EJCDC® C-111, Suggested Advertisement for Bids for Construction Contracts.
Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1
ADVERTISEMENT FOR BIDS
Sealed Bids, in duplicate, for construction of two (2) canal crossing improvements in Chambers County, Texas will be received by Lower Neches Valley Authority in their office at 7850 Eastex Freeway, Beaumont, Texas 77708 until 11:00 am local time on Thursday, October 8, 2026, at which time the Bids received will be publicly opened and read.
The Project consists of two (2) project sites located in Chambers County, Texas. The Simon Canal Crossing
Improvements at FM 1663 generally consists of installing four (4) – 60" Hobas pipe and constructing a concrete headwall. The Olede Canal Crossing Improvements at FM 1410 generally consists of installing three (3) – 60” Hobas pipe and constructing a concrete check structure.
Bids will be received for a single prime Contract. Bids shall be on a unit price basis.
The Issuing Office for the Bidding Documents is: Lower Neches Valley Authority, 7850 Eastex Freeway, Beaumont, Texas 77708. Interested parties may contact Victoria Dai, P.E., Senior Project Manager, by phone at 409-600-9295, or by email at victoria.dai@LNVA.dst.tx.us.
Bidding Documents may be examined online at www.civcastusa.com. The bidding documents may be downloaded from the website at no cost. Hard copies of the 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 authorize or confer a license for any other use.
A pre-bid conference will be held at 10:00 am local time on Wednesday, September 23, 2026 in the offices of Lower Neches Valley Authority, 7850 Eastex Freeway, Beaumont, Texas 77708. Attendance is not mandatory.
Bid security shall be furnished in accordance with the Instructions to Bidders.
EJCDC® C-200, Instructions to Bidders for Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
TOC Page1 of 1
INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACT
TABLE OF CONTENTS
Page
Article 1— Defined Terms
Article 2— Bidding Documents
Article 3— Qualifications of Bidders
Article 4— Pre-Bid Conference
Article 5— Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program;
Other Work at the Site
Article 6— Bidder’s Representations and Certifications
Article 7— Interpretations and Addenda
Article 8— Bid Security
Article 9— Contract Times
Article 10— Substitute and “Or Equal” Items
Article 11— Subcontractors, Suppliers, and Others
Article 12— Preparation of Bid
Article 13— Basis of Bid
Article 14— Submittal of Bid
Article 15— Modification and Withdrawal of Bid
Article 16— Opening of Bids
Article 17— Bids to Remain Subject to Acceptance
Article 18— Evaluation of Bids and Award of Contract
Article 19— Bonds and Insurance
Article 20— Signing of Agreement
Article 21— Sales and Use Taxes
Article 22— Prevailing Wage Rates
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
ARTICLE 1—DEFINED TERMS
1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:
A. Issuing Office—The office from which the Bidding Documents are to be issued, and which registers plan holders.
ARTICLE 2—BIDDING DOCUMENTS
2.01 Bidding Documents are made available for the sole purpose of obtaining Bids for completion of the Project and permission to download or distribution of the Bidding Documents does not confer a license or grant permission or authorization for any other use. Authorization to download documents, or other distribution, includes the right for plan holders to print documents solely for their use, and the use of their prospective Subcontractors and Suppliers, provided the plan holder pays all costs associated with printing or reproduction. Printed documents may not be re-sold under any circumstances.
2.02 Owner has established a Bidding Documents Website as indicated in the Advertisement for Bids.
Owner recommends that Bidder register as a plan holder with the Issuing Office at such website, and obtain a complete set of the Bidding Documents from such website. Bidders may rely that sets of Bidding Documents obtained from the Bidding Documents Website are complete, unless an omission is blatant. Registered plan holders will receive Addenda issued by Owner.
2.03 Electronic Documents
A. When the Bidding Requirements indicate that electronic (digital) copies of the Bidding
Documents are available, such documents will be made available to the Bidders as Electronic
Documents in the manner specified.
1. Bidding Documents will be provided in Adobe PDF (Portable Document Format) (.pdf) that is readable by Adobe Acrobat Reader. It is the intent of the Owner that such
Electronic Documents are to be exactly representative of the paper copies of the documents. However, because the Owner cannot totally control the transmission and receipt of Electronic Documents nor the Contractor’s means of reproduction of such documents, the Owner cannot and do not guarantee that Electronic Documents and reproductions prepared from those versions are identical in every manner to the paper copies.
B. Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon complete sets of Electronic Documents of the Bidding Documents, described in
Paragraph 2.03.A above. However, Bidder assumes all risks associated with differences arising from transmission/receipt of Electronic Documents versions of Bidding Documents and reproductions prepared from those versions and, further, assumes all risks, costs, and responsibility associated with use of the Electronic Documents versions to derive information that is not explicitly contained in printed paper versions of the documents, and for Bidder’s reliance upon such derived information.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
C. After the Contract is awarded, the Owner will provide for the use of the Contractor documents that were developed as part of the Project design process, as Electronic
Documents in native file formats.
1. Electronic Documents that are available in native file format include:
a. None
2. Release of such documents will be solely for the convenience of the Contractor. No such document is a Contract Document.
3. Unless the Contract Documents explicitly identify that such information will be available to the Successful Bidder (Contractor), nothing herein will create an obligation on the part of the Owner to provide or create such information, and the Contractor is not entitled to rely on the availability of such information in the preparation of its Bid or pricing of the Work. In all cases, the Contractor shall take appropriate measures to verify that any electronic/digital information provided in Electronic Documents is appropriate and adequate for the Contractor’s specific purposes.
4. In no case will the Contractor be entitled to additional compensation or time for completion due to any differences between the actual Contract Documents and any related document in native file format.
ARTICLE 3—QUALIFICATIONS OF BIDDERS
3.01 Bidder is to submit the following information with its Bid to demonstrate Bidder’s qualifications to perform the Work:
A. Written evidence establishing its qualifications such as financial data, previous experience, and present commitments.
B. A written statement that Bidder is authorized to do business in the state where the Project is located, or a written certification that Bidder will obtain such authority prior to the
Effective Date of the Contract.
C. Bidder’s state or other contractor license number, if applicable.
D. Subcontractor and Supplier qualification information.
E. Other required information regarding qualifications.
3.02 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.
3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.
ARTICLE 4—PRE-BID CONFERENCE
4.01 A pre-bid conference will be held at the time and location indicated in the Advertisement for Bids.
Representatives of Owner will be present to discuss the Project.
4.02 Information presented at the pre-Bid conference does not alter the Contract Documents. Owner will issue Addenda to make any changes to the Contract Documents that result from discussions
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
at the pre-bid conference. Information presented, and statements made at the pre-bid conference will not be binding or legally effective unless incorporated in an Addendum.
ARTICLE 5—SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S
SAFETY PROGRAM; OTHER WORK AT THE SITE
5.01 Site and Other Areas
A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.
5.02 Existing Site Conditions
A. Subsurface and Physical Conditions; Hazardous Environmental Conditions
1. The Supplementary Conditions identify the following regarding existing conditions at or adjacent to the Site:
a. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data.
b. Those drawings known to Owner of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain
Technical Data.
c. Reports and drawings known to Owner relating to Hazardous Environmental
Conditions that have been identified at or adjacent to the Site.
d. Technical Data contained in such reports and drawings.
2. Owner will make copies of reports and drawings referenced above available to any
Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the
Supplementary Conditions. Bidder is responsible for any interpretation or conclusion
Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.
3. If the Supplementary Conditions do not identify Technical Data, the default definition of
Technical Data set forth in Article 1 of the General Conditions will apply.
B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05 of the General Conditions, and not in the drawings referred to in
Paragraph 5.02.A of these Instructions to Bidders. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
5.03 Other Site-related Documents
A. In addition to the documents regarding existing Site conditions referred to in
Paragraph 5.02.A, the following other documents relating to conditions at or adjacent to the
Site are known to Owner and made available to Bidders for reference:
1. None
Owner will make copies of these other Site-related documents available to any Bidder on request.
B. Owner has not verified the contents of these other Site-related documents, and Bidder may not rely on the accuracy of any data or information in such documents. Bidder is responsible for any interpretation or conclusion Bidder draws from the other Site-related documents.
C. The other Site-related documents are not part of the Contract Documents.
D. Bidders are encouraged to review the other Site-related documents, but Bidders will not be held accountable for any data or information in such documents. The requirement to review and take responsibility for documentary Site information is limited to information in (1) the
Contract Documents and (2) the Technical Data.
5.04 Site Visit and Testing by Bidders
A. Bidder is required to visit the Site and conduct a thorough visual examination of the Site and adjacent areas. During the visit the Bidder must not disturb any ongoing operations at the
Site.
B. Bidders visiting the Site are required to arrange their own transportation to the Site.
C. All access to the Site other than during a regularly scheduled Site visit must be coordinated through the following Owner contact for visiting the Site: Victoria Dai, P.E.
victoria.dai@LNVA.dst.tx.us. Bidder must conduct the required Site visit during normal working hours.
D. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions.
E. On request, and to the extent Owner has control over the Site, and schedule permitting, the
Owner will provide Bidder general access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site. Bidder is responsible for establishing access needed to reach specific selected test sites.
F. Bidder must comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.
G. Bidder must fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
5.05 Owner’s Safety Program
A. Site visits and work at the Site may be governed by an Owner safety program. If an Owner safety program exists, it will be noted in the Supplementary Conditions.
5.06 Other Work at the Site
A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the
Site by Owner or others (such as utilities and other prime contractors) and relates to the
Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.
ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS
6.01 Express Representations and Certifications in Bid Form, Agreement
A. The Bid Form that each Bidder will submit contains express representations regarding the
Bidder’s examination of Project documentation, Site visit, and preparation of the Bid, and certifications regarding lack of collusion or fraud in connection with the Bid. Bidder should review these representations and certifications, and assure that Bidder can make the representations and certifications in good faith, before executing and submitting its Bid.
B. If Bidder is awarded the Contract, Bidder (as Contractor) will make similar express representations and certifications when it executes the Agreement.
ARTICLE 7—INTERPRETATIONS AND ADDENDA
7.01 Owner on its own initiative may issue Addenda to clarify, correct, supplement, or change the
Bidding Documents.
7.02 Bidder shall submit all questions about the meaning or intent of the Bidding Documents to Owner in writing through CivCast.
7.03 Interpretations or clarifications considered necessary by Owner in response to such questions will be issued by Addenda delivered to all registered plan holders. Questions received less than seven days prior to the date for opening of Bids may not be answered.
7.04 Only responses set forth in an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Responses to questions are not part of the Contract
Documents unless set forth in an Addendum that expressly modifies or supplements the Contract
Documents.
ARTICLE 8—BID SECURITY
8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of five percent
(5%) of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a Bid bond issued by a surety meeting the requirements of Paragraph 6.01 of the
General Conditions. Such Bid bond will be issued in the form included in the Bidding Documents.
8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract, furnished the required
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
Contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract and furnish the required Contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited, in whole in the case of a penal sum bid bond, and to the extent of Owner’s damages in the case of a damages-form bond. Such forfeiture will be Owner’s exclusive remedy if
Bidder defaults.
8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the
Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.
8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within 7 days after the Bid opening.
ARTICLE 9—CONTRACT TIMES
9.01 The number of days within which, or the dates by which, the Work is to be (a) substantially completed and (b) ready for final payment, and (c) Milestones (if any) are to be achieved, are set forth in the Agreement.
9.02 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial
Completion, or completion of the Work in readiness for final payment, are set forth in the
Agreement.
ARTICLE 10—SUBSTITUTE AND “OR EQUAL” ITEMS
10.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or “or-equal” items. In cases in which the Contract allows the Contractor to request that Owner authorize the use of a substitute or “or-equal” item of material or equipment, application for such acceptance may not be made to and will not be considered by Owner until after the Effective Date of the Contract.
10.02 All prices that Bidder sets forth in its Bid will be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of
“or-equal” or substitution requests are made at Bidder’s sole risk.
ARTICLE 11—SUBCONTRACTORS, SUPPLIERS, AND OTHERS
11.01 A Bidder must be prepared to retain specific Subcontractors and Suppliers for the performance of the Work if required to do so by the Bidding Documents or in the Specifications. If a prospective
Bidder objects to retaining any such Subcontractor or Supplier and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid.
11.02 The apparent Successful Bidder, and any other Bidder so requested, must submit to Owner a list of the Subcontractors or Suppliers proposed for the Work within five days after Bid opening.
11.03 If requested by Owner, such list must be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
Subcontractor or Supplier. If Owner, after due investigation, has reasonable objection to any proposed Subcontractor or Supplier, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful
Bidder will submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award.
11.04 If apparent Successful Bidder declines to make any such substitution, Owner may award the
Contract to the next lowest Bidder that proposes to use acceptable Subcontractors and Suppliers.
Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor or Supplier, so listed and against which Owner makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner subject to subsequent revocation of such acceptance as provided in Paragraph 7.07 of the General
Conditions.
ARTICLE 12—PREPARATION OF BID
12.01 The Bid Form is included with the Bidding Documents.
A. All blanks on the Bid Form must be completed in ink and the Bid Form signed in ink. Erasures or alterations must be initialed in ink by the person signing the Bid Form. A Bid price must be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein.
B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.”
12.02 If Bidder has obtained the Bidding Documents as Electronic Documents, then Bidder shall prepare its Bid on a paper copy of the Bid Form printed from the Electronic Documents version of the
Bidding Documents. The printed copy of the Bid Form must be clearly legible, printed on 8½ inch by 11-inch paper and as closely identical in appearance to the Electronic Document version of the
Bid Form as may be practical. The Owner reserves the right to accept Bid Forms which nominally vary in appearance from the original paper version of the Bid Form, providing that all required information and submittals are included with the Bid.
12.03 A Bid by a corporation must be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown.
12.04 A Bid by a partnership must be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership must be shown.
12.05 A Bid by a limited liability company must be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown.
12.06 A Bid by an individual must show the Bidder’s name and official address.
12.07 A Bid by a joint venture must be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture must have been formally established prior to submittal of a Bid, and the official address of the joint venture must be shown.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
12.08 All names must be printed in ink below the signatures.
12.09 The Bid must contain an acknowledgment of receipt of all Addenda, the numbers of which must be filled in on the Bid Form.
12.10 Postal and e-mail addresses and telephone number for communications regarding the Bid must be shown.
12.11 The Bid must contain evidence of Bidder’s authority to do business in the state where the Project is located, or Bidder must certify in writing that it will obtain such authority within the time for acceptance of Bids and attach such certification to the Bid.
12.12 If Bidder is required to be licensed to submit a Bid or perform the Work in the state where the
Project is located, the Bid must contain evidence of Bidder’s licensure, or Bidder must certify in writing that it will obtain such licensure within the time for acceptance of Bids and attach such certification to the Bid. Bidder’s state contractor license number, if any, must also be shown on the Bid Form.
ARTICLE 13—BASIS OF BID
13.01 Unit Price
A. Bidders must submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form.
B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity”, which Owner or its representative has set forth in the Bid Form, for the item and the corresponding “Bid Unit Price” offered by the
Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.
C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.
13.02 Allowances
A. For cash allowances the Bid price must include such amounts as the Bidder deems proper for
Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 13.02.B of the General
Conditions.
ARTICLE 14—SUBMITTAL OF BID
14.01 The Bidding Documents include one separate unbound copy of the Bid Form, and, if required, the
Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of Article 2 of the
Bid Form.
14.02 A Bid must be received no later than the date and time prescribed and at the place indicated in the Advertisement for Bids and must be enclosed in a plainly marked package with the Project title, and, if applicable, the designated portion of the Project for which the Bid is submitted, the name and address of Bidder, and must be accompanied by the Bid security and other required
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the
Bid must be enclosed in a separate package plainly marked on the outside with the notation “BID
ENCLOSED.” A mailed Bid must be addressed to the location designated in the Advertisement.
14.03 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the
Bidder unopened.
ARTICLE 15—MODIFICATION AND WITHDRAWAL OF BID
15.01 An unopened Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.
15.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 15.01 and submit a new Bid prior to the date and time for the opening of Bids.
15.03 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, the Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, the Bidder will be disqualified from further bidding on the Work.
ARTICLE 16—OPENING OF BIDS
16.01 Bids will be opened at the time and place indicated in the Advertisement for Bids and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.
ARTICLE 17—BIDS TO REMAIN SUBJECT TO ACCEPTANCE
17.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.
ARTICLE 18—EVALUATION OF BIDS AND AWARD OF CONTRACT
18.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner also reserves the right to waive all minor
Bid informalities not involving price, time, or changes in the Work.
18.02 Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible.
18.03 If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the
Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
the Bid, whether in the Bid itself or in a separate communication to Owner, then Owner will reject the Bid as nonresponsive.
18.04 If Owner awards the contract for the Work, such award will be to the responsible Bidder submitting the lowest responsive Bid.
18.05 Evaluation of Bids
A. In evaluating Bids, Owner will consider whether the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the
Bid Form or prior to the Notice of Award.
B. In the comparison of Bids, alternates will be applied at the discretion of the Owner. After determination of the Successful Bidder based on this comparative process and on the responsiveness, responsibility, and other factors set forth in these Instructions, the award may be made to said Successful Bidder on its base Bid and any combination of its additive or alternate Bids for which Owner determines funds will be available at the time of award.
C. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items.
18.06 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.
18.07 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers.
ARTICLE 19—BONDS AND INSURANCE
19.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds, other required bonds (if any), and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by required bonds and insurance documentation.
19.02 Article 8, Bid Security, of these Instructions, addresses any requirements for providing bid bonds as part of the bidding process.
ARTICLE 20—SIGNING OF AGREEMENT
20.01 When Owner issues a Notice of Award to the Successful Bidder, it will be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder must execute and deliver the required number of counterparts of the Agreement and any bonds and insurance documentation required to be delivered by the Contract Documents to Owner. Within 10 days thereafter, Owner will deliver one fully executed counterpart of the Agreement to Successful
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
Bidder, together with printed and electronic copies of the Contract Documents as stated in
Paragraph 2.02 of the General Conditions.
ARTICLE 21—SALES AND USE TAXES
21.01 Owner is exempt from Texas state sales and use taxes on materials and equipment to be incorporated in the Work. Said taxes must not be included in the Bid. Refer to Paragraph SC-7.10 of the Supplementary Conditions for additional information.
ARTICLE 22—PREVAILING WAGE RATES
22.01 The Contractor shall comply with, and shall cause all subcontractors to comply with, all requirements of Texas State Laws regarding prevailing wage rates. The U.S. Department of Labor designation of general prevailing wage rates in the locality in which the Work is performed is included herein immediately following the Supplementary Conditions.
EJCDC® C-410, Bid Form for Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
BID FORM
LOWER NECHES VALLEY AUTHORITY
SIMON CANAL CROSSING IMPROVEMENTS AT FM 1663
OLEDE CANAL CROSSING IMPROVEMENTS AT FM 1410
CHAMBERS COUNTY, TEXAS
SUBMITTED BY (BIDDER): ________________________________________________________________
The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to
Bidders, the General Conditions, and the Supplementary Conditions.
ARTICLE 1—OWNER AND BIDDER
1.01 This Bid is submitted to: Lower Neches Valley Authority, 7850 Eastex Freeway, Beaumont, Texas 77708
1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.
ARTICLE 2—ATTACHMENTS TO THIS BID
2.01 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
ARTICLE 3—BASIS OF BID—LUMP SUM BID AND UNIT PRICES
3.01 Unit Price Bids
A. 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 Work will be based on actual quantities, determined as provided in the Contract Documents.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
ARTICLE 4—TIME OF COMPLETION
4.01 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.
4.02 Bidder accepts the provisions of the Agreement as to liquidated damages.
ARTICLE 5—BIDDER’S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD, INSTRUCTIONS, AND RECEIPT OF
ADDENDA
5.01 Bid Acceptance Period
A. 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.
5.02 Instructions to Bidders
A. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security.
5.03 Receipt of Addenda
A. Bidder hereby acknowledges receipt of the following Addenda:
Addendum Number Addendum Date
ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS
6.01 Bidder’s Representations
A. In submitting this Bid, Bidder represents the following:
1. Bidder has examined and carefully studied the Bidding Documents, including Addenda.
2. Bidder has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work.
3. Bidder is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.
4. Bidder has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the
Supplementary Conditions, with respect to the Technical Data in such reports and drawings.
5. Bidder has carefully studied the reports and drawings relating to Hazardous
Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
6. 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 the Technical
Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, if selected as Contractor; and
(c) Bidder’s (Contractor’s) safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract
Times, and in accordance with the other terms and conditions of the Contract.
8. 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.
9. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.
10. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. The submission of this Bid constitutes an incontrovertible representation by Bidder that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.
6.02 Bidder’s Certifications
A. The Bidder certifies the following:
1. 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.
2. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid.
3. Bidder has not solicited or induced any individual or entity to refrain from bidding.
4. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 8.02.A:
a. 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.
b. Fraudulent practice means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
c. 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.
d. 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 execution of the Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
BIDDER hereby submits this Bid as set forth above:
Bidder:
(typed or printed name of organization)
By:
(individual’s signature)
Name:
(typed or printed)
Title:
(typed or printed)
Date:
(typed or printed)
If Bidder is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.
Attest:
(individual’s signature)
Name:
(typed or printed)
Title:
(typed or printed)
Date:
(typed or printed)
Address for giving notices:
Bidder’s Contact:
Name:
(typed or printed)
Title:
(typed or printed)
Phone:
Email:
Address:
Bidder’s Contractor License No.: (if applicable)
Notes to Bidder:
1.
2.
3.
4.
5.
6.
7.
8.
9.
BID FORM
SUMMARY SHEET
BID - IMPROVEMENTS TO SIMON CANAL AT FM 1663
BID - IMPROVEMENTS TO OLEDE CANAL AT FM 1410
Within three (3) weeks after issuance of the Notice of Award, the Contractor shall provide LNVA with the required Payment Bond, Performance
Bond, and Certificate of Insurance.
TOTAL BID - SIMON CANAL & OLEDE CANAL IMPROVEMENTS
A Notice to Proceed is anticipated to be issued to the Contractor no later than November 30, 2026. Contract Time shall commence on the date specified in the Notice to Proceed.
Substantial Completion shall be achieved no later than March 15, 2027. For purposes of this Contract, Substantial Completion shall be defined as the removal of all temporary earthen dams and restoration of normal canal flow at both project sites.
Final Completion shall be achieved no later than April 15, 2027.
The Contractor shall make representatives available for a Pre-Construction Meeting no later than November 12, 2026.
The completion dates specified herein are based on operational requirements of LNVA's agricultural canal system. The Contractor shall plan and prosecute the Work as necessary to achieve Substantial Completion by March 15, 2027 and Final Completion by April 15, 2027.
The successful bidder shall provide sufficient personnel, equipment, and resources to complete both project sites within the required construction period.
Simultaneous road closures at both project sites will not be permitted. Work at both project sites may occur concurrently, provided only one roadway is closed at any given time.
A Notice of Award shall be issued no later than October 21, 2026.
Bid Form Summary Sheet
Item Spec.
Item Description with Unit Bid
Price in Written Words Unit Qty. Unit Price Total Price
Mobilization costs, including moving on site, payment and performance bonds for 100% of the contract amount, insurance, submittals and de-mobilization, all in strict accordance with the plans and specifications.
L.S. 1 $ $
Per Lump Sum
Traffic Control. Provide barricades, signs and traffic handling for the duration of the project.
L.S. 1 $ $
Per Lump Sum
Truck-Mounted Attenuator. Furnish, operate, and maintain truck-mounted attenuator required during lane closure activities. Remove upon completion of lane closure activities.
L.S. 1 $ $
Per Lump Sum
Construction Materials Testing all in accordance with the plans and specifications.
L.S. 1 $ $
Per Lump Sum
Preparing ROW. Prepare right of way, including clearing of all trees within the proposed improvement area.
STA. 6 $ $
Per Station
Excavation. Excavate roadway and canal within limits as shown in the plans.
C.Y. 2,149 $ $
Per Cubic Yard
S1.
BID FORM
IMPROVEMENTS TO SIMON CANAL AT FM 1663
S2.
S3.
S4.
S5.
S6.
Simon Canal at FM 1663
Price in Written Words Unit Qty. Unit Price Total Price
Temporary Cofferdams. Furnish all material and equipment to construct two (2) temporary earthen dams as detailed in the plans, including removal upon completion.
C.Y. 602 $ $
Per Cubic Yard
Embankment. Furnish all material, labor, and equipment to backfill and reshape canal levee and construct driveway as shown in the plans, complete in place.
C.Y. 881 $ $
Per Cubic Yard
Final grading and seeding. Furnish all material, labor, and equipment to finish grade all disturbed surfaces to ensure adequate drainage and a cosmetic appearance, including broadcast seeding all disturbed areas.
L.S. 1 $ $
Per Lump Sum
Cement Treatment. Provide plant-mixed, Class
M, Type A, Grade 1-2, cement treatment in final position as shown in the plans, complete in place.
C.Y. 34 $ $
Per Cubic Yard
Seal coat. Provide RC-250 cutback asphalt as shown in the plans, complete in place.
GAL. 23 $ $
Per Gallon
Seal coat. Provide Type L, Grade 5, SAC-B aggregate as shown in the plans, complete in place.
C.Y. 0.90 $ $
Per Cubic Yard
S8.
S9.
S12.
S11.
S10.
S7.
Simon Canal at FM 1663
Price in Written Words Unit Qty. Unit Price Total Price
Dense-Graded Hot-Mix Asphalt. Provide D-GR
HMA, Type C, PG64-22 as shown in the plans, complete in place.
TON 640 $ $
Per Ton
Tack Coat. Provide tack coat at a rate of 0.10 gal/sy as shown in the plans, complete in place.
GAL. 146 $ $
Per Gallon
Planing and Texturing Pavement. Plane existing asphalt concrete pavement at a depth of 2-inches as shown in the plans, complete in place.
S.Y. 1,340 $ $
Per Square Yard
Cement Stabilized Backfill. Provide cement stabilized backfill under roadway improvements, at driveway and around culverts within limits as shown in the plans, complete in place.
C.Y. 1,145 $ $
Per Cubic Yard
Trench Excavation Protection. Provide trench excavation protection at limits shown in the plans, complete in place.
L.F. 352 $ $
Per Linear Foot
Steel Piling. Furnish and install PZC-25 steel sheet piling, as detailed in the plans, complete in place.
S.F. 952 $ $
Per Square Foot
S16.
S18.
S17.
S13.
S14.
S15.
Simon Canal at FM 1663
Price in Written Words Unit Qty. Unit Price Total Price
H-Piling. Furnish and install HP 16 x 183 steel H-piling and connector, as detailed in the plans, complete in place.
L.F. 68 $ $
Per Linear Foot
Concrete Headwall. Furnish all material, labor, and equipment to construct concrete headwall, Class S concrete, Grade 60 reinforcing steel, as detailed in the plans, complete in place.
EA. 1 $ $
Per Each
Seal Slab. Furnish all material, labor, and equipment to construct 3-inch thick concrete seal slab, Class E concrete, complete in place.
C.Y. 5.1 $ $
Per Cubic Yard
Rubble Riprap. Furnish all material, equipment, and labor to place…
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