ESBD_361754_1717708206017_Bid No. 24-28 Project Manual FY 2021 -2022 Sanitary Sewer Replacements_Part1.pdf

CITY OF HUNTSVILLE

WALKER COUNTY, TEXAS

CONTRACT DOCUMENTS AND SPECIFICATIONS

FOR THE CONSTRUCTION OF

COH Project Name: FY 2021-2022 Sanitary Sewer Line Replacements COH Project No.

22-10-04 Bid No. 24-28

CITY OFFICIALS:

Mayor:

Mayor Pro Tem:

Council Members:

City Manager:

Russell Humphrey Vicki McKenzie

Tore Fossum Casey Cox Anissa Antwine Jon Strong Bert Lyle Karen Denman Pat Graham

Aron Kulhavy

Dr. Kathlie S. Jeng-Bulloch, P.E., BC.WRE, CFMCity Engineer:

Director of Engineering Department

City of Huntsville Engineering Department

448 Highway 75 North, Huntsville, Texas 77320

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PART I

NOTICE TO BIDDERS

PART II

SPECIAL INSTRUCTIONS TO BIDDERS

SPECIAL INSTRUCTIONS TO BIDDERS

1. INTRODUCTION:

The City of Huntsville is accepting competitive sealed bids for construction of the FY 2021-2022 Sanitary Sewer Line Replacements, Project #22-10-04, Bid No. 24-28 in accordance with Local Government Code Chapter 252. The City of Huntsville is aware of the time and effort you expend in preparing and submitting bids and proposals to the City. Please let us know of any bid requirements which are causing you difficulty in responding to our bids. We want to make the process as easy and painless as possible so that all responsible vendors can compete for the City's business. Information on which commodities and services we purchase or have for sale is available from the Purchasing Office. You may register on the City’s vendor management program at www.huntsvilletx.gov/bids to receive notice of bid postings. Additionally, you may register at www.publicpurchase.com

2. GENERAL INSTRUCTIONS:

Bid packets must be delivered to the Attention of City Secretary, City of Huntsville, 1220 11TH Street, Huntsville, TX 77340. Responders must include one (1) certified copy of bid sheet (s), Part I thru III. All questions concerning the bid should be directed in writing to the Procurement Manager (936) 291-5495 or e-mail lgonzalez@huntsvilletx.gov (See attached form).

To obtain bid tabulation results, please log on to our website at:

http://www.huntsvilletx.gov/business/bids_and_rfps/bid_opportunities. If you have any other questions, please contact the Procurement Manager at (936) 291-5495 or e-mail lgonzalez@huntsvilletx.gov

3. AWARD AND WITHDRAWAL:

The CITY may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all bids. Any bid may be withdrawn prior to the scheduled time for the opening of bids as shown in the "Notice to Bidders" or authorized postponement thereof. No bidder may withdraw a bid within 60 days after the actual date of the opening thereof. The award, if made, will be made to a responsible bidder as recommended by the City Engineer and the City Manager, subject to the decision of the City Council.

4. PREPARATION OF BID:

Each bid must be submitted on the prescribed form. All blank spaces for bid prices must be filled in, in ink or typewritten, in both words and figures, and must be fully completed and executed when submitted. In the event words and figures do not agree, the words shall govern and the figures shall be disregarded. If the unit price and the total amount named for an item are not in agreement, the unit price alone will be considered as representing the bidder's intention and the total will be corrected to conform thereto.

Unless otherwise instructed, each bid proposal package shall consist of the Notice to Bidders, Bid Proposal with Bid Sheet(s), Financial Statement, Experience Record, Equipment Schedule, Subcontract Information and any addenda issued for the project.

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http://www.huntsvilletx.gov/bids mailto:lgonzalez@huntsvilletx.gov http://www.huntsvilletx.gov/business/bids_and_rfps/bid_opportunities

The bidder must sign their bid in the space provided on the bid form. If the bid is submitted by a partnership or corporation, the name and address of the partnership or corporation must be shown, together with the name and address of the partners or corporate officers. Bids submitted by a partnership must be signed by one of the partners. Bids submitted by a corporation must be signed by one of the corporate officials having, under the corporate structure, the power to act in this capacity and the corporate seal must be affixed onto the bid. Bids submitted by a sole proprietorship must be signed by the proprietor.

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

Bidders submitting a response do so entirely at their expense. There is no expressed or implied obligation by the City of Huntsville to reimburse any individual or firm for any costs incurred in preparing or submitting a bid, for providing additional information when requested by the City of Huntsville, or for participating in any selection interviews.

5. TELEGRAPHIC MODIFICATION:

Any bidder may modify his bid by letter, telegraphic or other written communication at any time prior to the scheduled closing time for receipt of bids, provided such written communication is received by the CITY prior to the closing time, and provided further, the CITY is satisfied that the written modification bears the signature of the bidder. The written communication should not reveal the bid price but should provide the addition or subtraction or other modification so that the final prices or terms will not be known by the CITY until the sealed bid is opened.

6. BID SECURITY:

A CASHIER'S CHECK, certified check or acceptable bidder's bond made payable to the City of Huntsville, Texas in an amount of 5% of the bid submitted must accompany each bid as a guarantee that if awarded the contract, the bidder will enter into a contract and execute such bonds as are required within ten

(10) days of award of contract of City Council.

All bid securities will be returned to the respective bidders within thirty (30) days after bids are opened, except those which the CITY elects to hold until the successful bidder has executed the contract. Thereafter all remaining securities, including security of the successful bidder, will be returned.

7. CONTRACT SECURITY:

If the total bid (including all alternates) is less than $50,000, the contract is not required to provide a payment or performance bond.

SB-2

If the total bid (including all alternates) is more than $100,000, then a performance bond is required if the contract provides that payment is not due to the contractor until the work is completed and accepted by the City. The contractor must elect in writing whether the job is to be turnkey or bonded in the contract documents.

If the total bid (including all alternates) is more than $50,000, then a payment bond is required if the contract provides that payment is not due to the contractor until the work is completed and accepted by the City. The contractor must elect in writing whether the job is to be turnkey or bonded in the contract documents.

For all contracts over $50,000 where the contractor does not elect to do the work on a turnkey basis, and for all contracts over $100,000, the successful bidder shall furnish to the City performance and payment bonds in accordance with State law.

Texas Government Code Chapter 2253; Texas Local Government Code Section 271.059; Texas Local Government Code Section 252.044;

8. QUALIFICATION OF BIDDERS:

No prequalification of bidders is required. Before award of any contract can be approved, however, the City shall be satisfied that the bidder involved: (1) maintains a permanent place of business, (2) has adequate plant and equipment to do the work properly and expeditiously, (3) has a suitable financial status to meet obligations incident to the work, (4) has appropriate technical experience, and (5) can submit a satisfactory performance record. Forms are included in the bid proposal for the purpose of supplying the City with such information.

9. WAGE RATES:

Attention is called to the fact that not less than the prevailing wage rates as hereinafter set forth in the CONTRACT DOCUMENTS, which are made a part hereof, must be paid on this project. Texas Government Code Chapter 2258.

10. CONDITIONS OF WORK:

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

11. ADDENDA AND INTERPRETATIONS:

No interpretation of the meaning of the plans, specifications or other pre-bid documents will be made to any bidder orally.

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Every question or request for interpretation concerning the solicitation shall be directed to the Procurement Manager, Lucy Gonzalez, in writing via e-mail at lgonzalez@huntsvilletx.gov or sent via mail addressed to the Purchasing Department at 448 SH 75 North, Huntsville, Texas 77320. All questions or request for interpretation must be received by Monday, June 24, 2024, by 4:00 P.M. as addressed above. All questions or requests for interpretation concerning the solicitation received after that time will be considered void and unacceptable.

Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications, which will be issued and posted on or before Thursday, June 27, 2024, by 5:00 P.M. on the City of Huntsville website, Public Purchase website and Electronic State Business Daily website.

Final interpretations will be made by the City Engineer. All addenda so issued shall become part of the contract documents, and receipt thereof shall be acknowledged in the space provided in the BID PROPOSAL.

It is the responsibility of the bidder to verify all addendums and interpretations.

12. POWER OF ATTORNEY:

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

13. LAWS AND REGULATIONS:

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

14. OBLIGATION OF BIDDER:

At the time of the opening of the bids each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the plans and contract documents (including all addenda). The failure or omission of any bidder to examine any form, instrument or document shall in no way relieve any bidder from any obligation in respect of his bid.

15. SAFETY STANDARDS AND ACCIDENT PREVENTION:

With respect to all work performed under this contract, the CONTRACTOR shall:

(1) Comply with the safety standards provisions of applicable laws, building and construction codes and the "Manual of Accident Prevention in Construction" published by the Associated General Contractor’s of America, the requirements of the

Occupational Safety and Health Act of 1970 (Public Law 91-596), and the requirements of Title 29 of the Code of Federal Regulations, Section 1518 as published in the "Federal Register", Volume 36 No. 75, Saturday, April 17, 1971.

(2) Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees) and property.

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mailto:lgonzalez@huntsvilletx.gov

(3) Maintain at his office or other well known place at the job site, all articles necessary for giving first aid to the injured, and shall make standing arrangements for the immediate removal to a hospital or a doctor's care of persons (including employees), who may be injured on the job site. In no case shall employees be permitted to work at a job site before the employer has made a standing arrangement for removal of injured persons to a hospital or a doctor's care.

16. ALTERNATE ITEMS:

Bid prices for all Alternate Items included by the City in the itemized Bid Schedule shall be completed along with all other items, unless such Alternate Items are indicated as "optional" on the schedule.

17. REJECTION:

The City of Huntsville reserves the right to reject any or all bids for any or all products and/or services covered in this bid request and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City of Huntsville. The City of Huntsville may reject bid for any omission of request forms not limited to the following: insurance, bid bond/or cashier’s check, payment and performance bonds, collusion affidavit, responder information, conflict of interest, and signed bid document. If less than three bids are received, the City of Huntsville reserves the right to extend the bid opening date as it deems to be in the best interest of the City. If the awarded vendor is unable to meet the requirements of the City, services/products may be purchased from the best available vendor.

18. REQUIRED FORMS

Each bidder will be required to complete the below forms:

• Conflict of Interest Questionnaire (CIQ)

• Critical Infrastructure Verification

• Firearm Verification

• Certificate of Interested Parties (1295)

• Iran, Sudan and Foreign Terrorist Organizations Verification

• Israel Verification

• Non-Collusion Affidavit

• Prohibition of Contracts Discriminating Against Energy Company Boycott Verification

• Texas Public Information Act Verification

• References

Where applicable, the bidder may complete the following:

• No Bid Statement

• Question/Response

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SB-6

SB-7

Critical Infrastructure Verification Form

To the extent this proposal relates to critical infrastructure in the State of Texas, I, , the undersigned representative of (the “Company”) do hereby declare, represent, and verify that the Company is not owned by or has the majority of stock or other ownership interest held by or controlled by: individuals who are citizens of China, Iran, North Korea, Russia, or a country designed by the Governor of Texas as a threat to critical infrastructure under Section 2274.0103 of the Texas Government Code as amended (“designated country”); or

1. a company or other entity, including a governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a designated country; or

2. it is not headquartered in China, Iran, North Korea, Russia, or a designated country.

The foregoing representation is made solely to comply with Chapter 2274 of the Texas Government Code, as amended, and to the extent such Section does not contravene applicable federal or State law. As used in the foregoing verification, “critical infrastructure” means a communication infrastructure system, cybersecurity system, electric grid, hazardous waste treatment system, or water treatment facility.

Date Signature

SB-8

Firearm Verification Form

I, , the undersigned representative of (the “Company”) do hereby declare, represent, and verify that the Company, under the provisions of Chapter 2274 of the Texas Government Code, as amended:

1. does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and

2. will not discriminate during the term of the contract against a firearm entity or firearm trade association.

Pursuant to Chapter 2274 and Section 809.001 of the Texas Government Code:

1. “Discriminate against a firearm entity or firearm trade association” means, with respect to the entity or association, to: (i) refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association; (ii) refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or (iii) terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association.

2. “Company” means a for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exist to make a profit.

EXCLUSION FROM CHAPTER 2274 OF THE TEXAS GOVERNMENT CODE

I, ________________________, the undersigned representative of _____________________ (the “Company”) do hereby declare, represent, and verify that the Company is excluded from Chapter 2274 because the contract in question:

☐ will be between a governmental entity and a company with fewer than 10 full-time employees, ☐ will have a value of less than $100,000 that is to be paid wholly or partly from public funds of the governmental entity;

☐ will be between a governmental entity and a sole proprietor; or ☐ is an exempt contract under Section 2274.003 of the Texas Government Code.

Please check exceptions, if any, that apply to the potential contract between The City of Huntsville and the Company.

SB-9

Certificate of Interested Parties Form (Form 1295)

Pursuant to Section 2252 of the Texas Government Code, any business entity entering into a contract with a local government that requires approval of the governing body must submit a Disclosure of Interested Parties to the local government prior to the execution of the contract. The Texas Ethics Commission (TEC) has adopted a form for the Disclosure of Interested Parties (Form 1295) and has created a website application for business entities to submit the required information.

The City of Huntsville may not enter into a contract that requires the approval of the City Council until the business entity that is a party to the contract files a Form 1295 with the Texas Ethics Commission and the City of Huntsville Purchasing Department.

1. Upon being notified of a bid/recommended award, the award recipient, the business entity, must go the following website: https:///www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm and follow the login directions on the website application to complete a Form 1295. If this is a business entity’s first-time login on to the website application, the business entity must create a login Username and Password then follow the application’s instructions to complete a Form 1295.

2. The City does not have a Contract ID Number System. Please insert the City of Huntsville’s bid or project number in this box.

3. Once confirmation is received, that the information has been submitted with the Texas Ethics Commission, the business entity MUST print, sign and date Form 1295.

4. Form 1295 must be filed with the Texas Ethics Commission within seven (7) business days of the date of notification of recommended award. The contract will not be presented to City Council until the form has been filed with the Texas Ethics Commission and the City of Huntsville has received Form 1295.

5. In no way does a request for filing of Form 1295 with the Texas Ethics Commission commit the City to any type of award whatsoever.

6. Once the City of Huntsville Purchasing Department receives Form 1295, the Purchasing Department will submit confirmation of receipt through the Texas Ethics Commission website within thirty (30) days.

7. This process must be followed for each contract requiring City of Huntsville Council approval.

8. A Form 1295 cannot be handwritten. It must be completed electronically through the Texas Ethics Commission website application.

If you have any questions contact the City of Huntsville Procurement Manager at (936) 291-5495, City Service Center, 448 SH 75 N, Huntsville, TX 77320.

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Sample of Form 1295

SB-11

Iran, Sudan and Foreign Terrorist Organizations Verification Form

“Company”) do hereby declare, represent, and verify that the Company, under the provisions of Chapter 2252 of the Texas Government Code, as amended:

1. will not do business with Iran, Sudan, or any foreign terrorist organization; and

2. will not do business with Iran, Sudan, or any foreign terrorist organization during the term of the contract.

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Israel Verification Form

“Company”) do hereby declare, represent, and verify that the Company, under the provisions of Chapter 2271 of the Texas Government Code, as amended:

1. does not boycott Israel currently; and

2. will not boycott Israel during the term of the contract.

Pursuant to Section 2271.001 of the Texas Government Code:

1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and

2. “Company” means a for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exist to make a profit.

EXCLUSION FROM CHAPTER 2271 OF THE TEXAS GOVERNMENT CODE

“Company”) do hereby declare, represent, and verify that the Company is excluded from Chapter 2271

☐will be between a governmental entity and a company with fewer than 10 full-time employees;

☐ will have a value of less than $100,000 that is to be paid wholly or partly from public funds of the governmental entity; or ☐ will be between a governmental entity and a sole proprietor.

Please check exceptions, if any, that apply to the potential contract between The City of Huntsville, Texas and the Company.

SB-13

Non-Collusion Affidavit

1. He/she is ____________________________________of___________________________, the responder that has submitted the attached bid/proposal.

2. He/she is fully informed respecting the preparation of contents of the attached bid and of all pertinent circumstances respecting such bid/proposal.

3. Such bid is genuine and is not collusive or a sham bid/proposal.

4. Neither the said responder not any of its officer, partners, owners, agents, representative, employees or parties in interest, including this affidavit, has in any way colluded, conspired, connived or agreed, directly or indirectly with another responder, firm or person to submit a collusive or sham bid in connection with the contract for which the attached bid has been submitted or to refrain from responding in connection with such contract, or has in any manner, directly or indirectly, sought by agreement of collusion or communication or conference with any other responder, firm or person to fix the price or prices in the attached bid or of any other responder, of to fix an overhead, profit or cost element of the bid price of the bid price of any other responder, or to secure through any collusion, conspiracy, connivance of unlawful agreement any advantage again the City of Huntsville or any per interest in the proposed contact.

5. In compliance with the specifications in the bid/proposal and quote conditions, I, the undersigned agree to furnish the services upon which prices are offered at the price opposite to each line description to the City of Huntsville within the time specified. By submitting this bid/proposal and attached signature I hereby attest that I have not received nor offered anything of value to any City employee, official, and/or board member in connection with this submitted bid.

6. Advanced disclosures of any information to any particular/potential responder which gives that particular/potential responder any advantage over any other interested responder in advance of the award whether in response to advertising or an informal request for bid/proposal made or permitted by a member of the governing body or an employee or representative thereof, will cause to void that particular responders bid/proposal. Prior to an award any communication with a member of the selection committee or governing board will cause to void that particular responders bid/proposal and the committee member or the governing board member will be rejected from the voting process for that bid/proposal or contract.

By submission of this bid/proposal responder attests that no improper communication has occurred resulting in an advantage over any other responder, potential responder, or advance discloser.

7. The price or prices quoted in the attached bid/proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the responder or any of its agents, representative, owners, employees, or parties in interest, including this affidavit.

Signature

Printed Name

Firm Name

SB-14

Prohibition of Contracts Discriminating Against Energy Company Boycott Verification Form

I, , the undersigned representative of (the “Company”) do hereby declare, represent, and verify that the Company, under the provisions of Chapter 2274 of the Texas Government Code, as amended:

1. does not boycott energy companies currently; and

2. will not boycott energy companies during the term of the contract.

Pursuant to Chapter 2274 and Section 809.001 of the Texas Government Code:

1. "Boycott energy company" means, without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company: (A) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (B) does business with a company described by Paragraph (A).

2. “Company” means a for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exist to make a profit.

EXCLUSION FROM CHAPTER 2274 OF THE TEXAS GOVERNMENT CODE

“Company”) do hereby declare, represent, and verify that the Company is excluded from Chapter 2274

☐will be between a governmental entity and a company with fewer than 10 full-time employees;

☐ will have a value of less than $100,000 that is to be paid wholly or partly from public funds of the governmental entity; or ☐ will be between a governmental entity and a sole proprietor.

Please check exceptions, if any, that apply to the potential contract between the City of Huntsville and the Company.

SB-15

Texas Public Information Act Verification Form

“Company”) do hereby acknowledge that the requirements of Subchapter J, Chapter 552, Government Code, may apply to this solicitation, proposal and any resultant contract, and agree that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter.

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References:

Responders shall submit with the bid the name, address, telephone number, and point of contact of at least three (3) companies for which the responder has done business within the preceding twelve (12) months.

References may be checked prior to award. Any negative responses received may result in disqualification of the bid.

Reference 1

COMPANY NAME:

CONTACT:

ADDRESS:

PHONE #:

Reference 2

COMPANY NAME:

CONTACT:

ADDRESS:

PHONE #:

Reference 3

COMPANY NAME:

CONTACT:

ADDRESS:

PHONE #:

SB-17

No Bid Statement

Bid Name: FY 2021-2022 Sanitary Sewer Line Replacements Project #22-10-04

Bid Number: 24-28

Responders Name:______________________________________________________________

The City of Huntsville seeks to evaluate the level of competitiveness provided. Please complete this form only if you are not submitting a quote.

Please check the appropriate boxes indicating the factors considered for not bidding.

Unable to respond to the request for bid or request for proposals by the specific deadline.

Our company does not carry or cannot offer this type of product and service.

Specifications are restrictive, unclear or incomplete. Please explain below

Invitation is suitable, but engaged in other work.

Do not wish to do business with the City.

The purpose of this form is to achieve a maximum participation in the bidding process. Vendor comments are not restrictive to the above described. Please make any statement that may have impacted your ability to bid.

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Question/Response Form

Responders are encouraged to ask questions to gain clarification. Only questions submitted in writing on or before Monday, June 24, 2024, by 4:00 p.m. and addressed to the City of Huntsville Purchasing Department will be answered. Responders are asked to use this form for questions. The Purchasing Department will gain a response and reply via e-mail and all questions with responses may be posted on the City of Huntsville website on or before Thursday, June 27, 2024, by 5:00 p.m. All responders are encouraged to check the website under FAQ prior to posting a question. Any question received after that date may not be answered.

Please only use one question per form. For additional questions please use another form.

Responders Name: __________________________________________________________________

Responses will be sent either fax or e-mail:

Responders Fax #: __________________________________________________________________

Responders E-mail address: __________________________________________________________

Question: _________________________________________________________________________

Response: ________________________________________________________________________

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PART III

BID PROPOSAL

& BID BOND

BID PROPOSAL

(THIS PROPOSAL MUST NOT BE REMOVED FROM THE CONTRACT DOCUMENTS)

DATE ________________________

TO: The Honorable Mayor and City Council of the City of Huntsville, Texas

FOR THE CONSTRUCTION OF: FY 2021-2022 Sanitary Sewer Replacements Project # 22-10-04

Bid No. 24-28

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

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

It is further agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary, in the opinion of the Owner, to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the specifications.

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

It is understood and agreed that the work is to be completed in full within 180 calendar days from the date given in the "Notice to Proceed".

It is understood that this bid may not be withdrawn within 60 days after the actual date of the opening thereof.

Accompanying this proposal is a certified or Cashier's check or Bidder's Bond payable to the OWNER for Dollars ($ ), (not less than five (5) percent of the total amount bid.)

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

The undersigned bidder hereby proposes to do the following work at the following prices:

Pa ge o f 2 o o o o o o o o of of of of of of of of of of of

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

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

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

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

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

Addendum No. ______ dated _____________ Received Addendum No. ______ dated _____________ Received Addendum No. ______ dated ____________ Received Addendum No. ______ dated _ __________ _Received Addendum No. ______ dated ____ _______ Received

Contractor Name: _____________________________

Signed______________________________________

By:_________________________________________ (Print Name)

(Title)

(Street Address)

(City and State)

Telephone No: ( ) __________________________

E-mail address: ________________________________

Subscribed and sworn to before me this day of , 20____

Notary Public in and for the State of Texas

FINANCIAL STATEMENT

Condition of Bidder at close of business month, , 20____

ASSETS

1. Cash on hand $

In Bank $

Elsewhere $

2. Accounts receivable from completed contracts (exclusive of claims not approved for payment.) $

3. Accounts receivable from other sources than above. $

4. Amount earned on uncompleted contracts (not included in Item 3) (Contract price on completed portion of un-completed contracts less total cost of completed portion.) $

5. Deposits for bids on other guarantees. $

6. Notes Receivable Past Due $ Due 90 days $

Due later $ $

7. Interest earned $

8. Real Estate Business Property, present value $ Other property, present value $ $

9. Stocks and Bonds, listed on Exchange $ Unlisted $ $

10. Equipment, machinery, Fixtures $ Less depreciation $( ) $

11. Other Assets $

TOTAL ASSETS $

LIABILITIES AND NET WORTH

1. Notes Payable to Banks Regular $

(For Certified Checks) $

Equipment Obligations $

Others $ $

2. Accounts Payable Current $

Past Due $ $

3. Real Estate Mortgages $

4. Other Liabilities $

5. Reserves $

6. Capital Stock Paid Up

Common $

Preferred $ $

7. Surplus $

TOTAL LIABILITIES $

EXPERIENCE RECORD

List of projects your organization has successfully completed (list at least three (3).

Amount of Name and Address Contract Award Type of Work Date Accepted of Owner

List of projects your organization is now engaged in completing:

Amount of Anticipated Name and Address Contract Award Type of Work Date of Completion of Owner

List of Performance Bonds in force on above uncompleted work:

Amount of Name and Address Contract Award Type of Work Amount of Bond of Owner

EQUIPMENT SCHEDULE

List of equipment owned by bidder that is in serviceable condition and available for use:

SUBCONTRACT INFORMATION

Portions of work bidder proposes to sublet in case of Award of Contract including amount and type:

% of

Subcontractor's Type of Work Total Name Address to be Performed Contract

BONDING COMPANY INFORMATION

The following person, firm or corporation has agreed to execute the required payment and performance bond in the event this contract is awarded to the bidder:

Name of Surety:

Mailing Address:

City, State & Zip:

Telephone Number:

Is Surety Authorized to Operate in Texas:

Is Surety aware of the size of the Project:

Does the surety have adequate authorization and resources to cover bonds for the amount of this contract?

Rating from Best’s Key Rating Guide:

Project Name:

Project Number:

Bid Number:

Owner’s Name: City of Huntsville, Texas

Owner’s Address: 1212 Avenue M, Huntsville, Texas 77340

Name of Bidder (company name)

By:

Signature

Print Name:

Date:

EJCDC NO. C-435 (2002 Edition) 00435-1

BID BOND

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

BIDDER (Name and Address):

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

OWNER (Name and Address):

BID

Bid Due Date:

Project (Brief Description Including Location):

BOND

Bond Number:

Date (Not later than Bid due date):

Penal Sum:

(Words) (Figures)

Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative.

BIDDER SURETY

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

By: By:

Signature and Title Signature and Title

(Attach Power of Attorney)

Attest: Attest:

Signature and Title Signature and Title

Note: Above addresses are to be used for giving required notice.

EJCDC NO. C-435 (2001 Edition) 00435-2

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder any difference between the total amount of Bidder's Bid and the total amount of the Bid of the next lowest, responsible Bidder who submitted a responsive Bid as determined by Owner for the work required by the Contract Documents, provided that:

1.1. If there is no such next Bidder, and Owner does not

abandon the Project, then Bidder and Surety shall pay to Owner the penal sum set forth on the face of this Bond, and

1.2.In no event shall Bidder's and Surety's obligation hereunder exceed the penal sum set forth on the face of this Bond.

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 by 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 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 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 and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

11. The term "Bid" as used herein includes a Bid, offer, or proposal as applicable.

Revised 3/22/2023

PART IV

AGREEMENT AND BONDS

STANDARD FORM OF AGREEMENT

STATE OF TEXAS §

COUNTY OF WALKER §

This AGREEMENT, made by and between the CITY OF HUNTSVILLE, TEXAS a municipal corporation of the County of Walker and State of Texas, acting through its City Manager, Aron Kulhavy, thereunto duly authorized so to do, hereinafter termed “OWNER”, and _________________________ (address) _______________, hereinafter termed “CONTRACTOR”.

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed, and under the conditions expressed in the bond bearing even date herewith, the CONTRACTOR, hereby agrees with the OWNER to commence and complete the construction of certain improvements described as follows:

Project Name: FY 2021/2022 Sanitary Sewer Line Replacements Project No. 22-10-04

Bid No. 24-28 and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with the Notice to Bidders, General and Special Conditions of Agreement, Technical Specifications, Plans and other drawings and printed or written explanatory matter hereof, and the Specifications and addenda therefor, as prepared by the City Engineer, herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and the agreement, and the Performance and Payment Bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire contract.

The CONTRACTOR hereby agrees to commence work on the date specified in the written "Notice to Proceed" from the City, and work to be complete the same within one hundred eighty (180) calendar days from the date given in the "Notice to Proceed", subject to such extensions of time as are provided by the General and Special Conditions.

The Owner pursuant to this Contract will be represented by the City Engineer, herein sometimes referred to as the Owner’s representative, who has the authority to act for the Owner with regard to this Contract.

SF-1

The Owner shall retain 5% of the total Contract price until all inspections, including TDLR/ADA inspections (if applicable) have been completed, approved, and accepted by the respective agencies to insure compliance by the contractor for Owner.

The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the proposal, which forms a part of this contract, such payments to be subject of the General and Special Conditions of the contract.

The OWNER and CONTRACTOR acknowledge and agree that Time is of the Essence of this Agreement. With respect to Contract Times, the following terms control:

All of the Contract Times, individually and collectively, are of the essence of the Agreement. By executing this Agreement, the Contractor confirms that the Contract Times is reasonable period for performing the Work.

The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. Because time is of the essence, should Contractor fail to achieve Substantial Completion as required by the Contract Documents, the Owner will suffer financial and other losses if the Work is not completed within the Contract Times, as duly modified. The Parties also recognize the delays, expense, and difficulties involved in proving, in a legal proceeding, the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that Contractor shall be liable to the Owner for liquidated damages for delay in the amount of One Thousand Dollars ($1,000) per calendar day beyond the requisite Contract Time that Contractor fails to achieve Substantial Completion. The Contractor and Owner recognize and acknowledge that the Liquidated Damages are to compensate the Owner for Contractors delay and are not a penalty for late completion.

Performance and Payment Bonds are due within 10 days after the Agreement becomes effective. The date the last party signs the Agreement (as indicated by the date opposite or under the party’s signature) will be deemed the effective date.

SF-2

IN WITNESS WHEREOF, the parties to these presents have executed this Agreement. This Agreement will be effective as of the date last signed and dated by the parties below.

City of Huntsville, Texas __________________________

(OWNER) (CONTRACTOR)

By: ___________________________ By:

Aron Kulhavy, City Manager

Date: Printed Name:

Title:

Date: _________________________

ATTEST: _______________________ ATTEST: _____________________

Kristy Doll, City Secretary

Date: ___________________________ Date: _________________________

Approved by Council: __ __

Approved as to form:

Leonard Schneider, City Attorney

SF-3

Payment Bond - rev 10/7/2021 Page 1 of 4

PAYMENT BOND Bond No. _____________

THE STATE OF TEXAS §

§ KNOW ALL BY THESE PRESENTS:

COUNTY OF ____________ §

That we, __________________________, as Principal herein, and

, a corporation organized and existing under the laws of the

State of Texas and who is authorized and admitted to use surety bonds in the State of Texas, as surety, are held and firmly bound unto the City of Huntsville, Texas so located in Walker

County, Texas, Obligee herein, in the amount of ________________________ Dollars

($____________) for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents:

WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the __ day of , 20 , which contract is hereby referred to herein as “the Contract” and is incorporated herein to the same extent as if copied at length, for the following project: _______________________________________________.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall directly or indirectly timely make payment to each and every claimant (as defined in Chapter 2253, Texas Government Code, as amended) supplying labor or materials in the prosecution of the work under the Contract, then this obligation shall be void; otherwise, to remain in full force and effect. This obligation may be enforced by the Obligee in the event of bankruptcy or default by Principal in payments to suppliers of labor or materials in the prosecution of the work under the Contract, in either of which events the Surety shall make such payments as Principal has failed to pay and as may be required to complete the work under the contract. The Surety stipulates and agrees that no change, extension of time, alteration, omission, addition or other modification to the terms of the Contract will affect its obligations on this bond, and it hereby waives notice of any such changes, extensions of time, alterations, omissions, additions, or other modifications, to the Contract or to related subcontracts, purchase orders or other obligations, and any notices provided in such regard shall not create as to any party a duty related thereto.

Payment Bond - rev 10/7/2021 Page 2 of 4

Bond No. _______________

PROVIDED, HOWEVER, that this bond is…