ESBD_File_352743_24-17 - SPECS - form.pdf

P:/Forms/Disclaimer Forms/Specs Download Request

Montgomery County Specification Download Acknowledgement

Invitation to Bid

Public Improvements for the Project # 24-17 Porter Heights Community SPECS

Precinct 4

VENDORS MUST IMMEDIATELY RETURN THIS FORM BY EMAIL: purchasing@mctx.org

Vendor Responsibilities o Vendors must download and complete any addenda o Vendors must submit responses in accordance with requirements stated on cover of document o Vendor must submit 1295 form with Bid/Proposal

Detailed information regarding 1295 can be found under item 49 in the attached Terms and Conditions.

Texas Ethics Commission website for 1295:

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

For completing the 1295:

Contract ID: 5151 Description: Project #24-17

Montgomery County will not be responsible for inaccurate or incomplete specifications and/or addenda pertaining to any bid/proposal that is received electronically.

Legal Name of Contracting Company

Contact Person

Complete Mailing Address

Telephone Number Email Address

Signature Date mailto:purchasing@mctx.org https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

DOCUMENT A1 BID INFORMATION

Page A1-1

Sealed lump sum General Contract Bids, addressed to the OWNER:

MONTGOMERY COUNTY PURCHASING

Attn: Gilbert Jalomo, Jr., CPPB, County Purchasing Agent Project #24-17 Public Improvements for the Porter Heights Community 501 North Thompson, Suite 405 Conroe, Texas 77301 will be received until April 3, 2024 in the OFFICE OF THE COUNTY PURCHASING AGENT, for the PUBLIC IMPROVEMENTS FOR THE PORTER HEIGHTS COMMUNITY, PROJECT #24-17, located in Montgomery County, Texas, and then publicly opened in the office of the Montgomery County Purchasing Agent.

A Cashier's or Certified Check or Bidder's Bond payable to the order of the OWNER, in an amount not less than 5% of the greatest amount of proposal submitted must accompany the Contractors Bid. A Performance and Payment Bond, each in an amount not less than 100% of the Contract Sum, conditioned upon the faithful performance of the Contract, will be required.

General Documents, Drawings and Specifications (Construction Documents) for the Project are in the office of the Purchasing Agent. Any questions concerning the information contained in the Plans & Specifications shall be directed to the Procurement Project Manager, Susan Lamendola, CPPB, NIGP-CPP.

Sets of Construction Documents may be obtained from the office of the Montgomery County Purchasing Agent. General Contract Bidders shall submit a completed Contractor’s Qualification Statement (AIA Form A305) to Purchasing Agent at time of request for documents.

All bids, whether mailed or delivered, must be in the hands of OWNER no later than the above specified time for said Project. All Bids shall be sealed and marked outside of envelope: PUBLIC IMPROVEMENTS FOR THE PORTER HEIGHTS COMMUNITY, PROJECT #24-17, with name and address of the Bidder.

No bid shall be withdrawn for ninty (90) days after opening of the bids without consent of Owner. Owner reserves the right to reject any or all bids; to accept or reject any Alternates; to accept any bid considered advantageous; and to waive any informality or irregularity in any bid which, in his judgement, is in his own best interest. It is in the Owner’s best interest to occupy the space as soon as possible, therefore consideration of the lowest price and/or length of days bid for Substantial Completion may be a major factor in determining the most advantageous proposal.

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Document A2 INSTRUCTIONS TO BIDDERS Page A2-1

BIDDING INFORMATION:

a. Lump Sum General Contract Bids, for the PUBLIC IMPROVEMENTS FOR THE PORTER HEIGHTS COMMUNITY, PROJECT #24-17, located in Montgomery County, Texas, will be received by OWNER and opened at the time, place and date designated in the ADVERTISEMENT FOR BIDS or latest Addendum thereto.

b. Each Bidder shall complete all the blank spaces on the Bid Form.

c. Submit Bids on the form provided by the Owner or on an exact copy thereof. Seal Bid in an enveloped addressed to OWNER and plainly mark outside of the envelope name of the contents, and the name and address of the Bidder.

d. If a Bidder submits his Bid by mail, he shall enclose the above described sealed envelope in a second envelope addressed to OWNER and have the bidder’s return address in the upper left hand corner. The Officer whose duty it is to open the Bids will decide when the bid opening time is at hand and no Bid received thereafter will be considered. Owner and Engineer will not be responsible for the premature opening of any Bid which is not properly addressed and identified.

1. BID SECURITY: No bid will be considered unless it is accompanied by a certified or cashier’s check or bidder’s bond executed on the standard form acceptable to Owner, in either case, the amount shall be not less than 5% of the greatest amount of the bid (considering Alternates, if any).

The bid security shall ensure the execution of the Contract and the furnishing of an acceptable Performance and Payment bond by the successful bidder within twenty (20) days after notification of award to such bidder, and that his bid will not be withdrawn within twenty (20) days after the date of opening of the bid without the consent of OWNER. The Performance and Payment bond shall be in the amount of 100% of the total Contract Sum, in form prescribed by Owner. A Contract with Owner, in form prescribed by Owner, shall be executed and delivered together with the said Performance and Payment bond of the successful bidder within twenty (20) days after receipt by such successful bidder of Notice of Acceptance of his proposal by Owner or Architect. The bid security in the form of certified or cashier’s check will be returned to unsuccessful Bidders as soon as a contract award is made.

2. BID FORM: Provided by Engineer for Contractor’s convenience. Bid shall be in duplicate and signed by a duly authorized official of the contracting firm. This Form must be tendered along with initialed copies of Montgomery County Purchasing Department Requirements.

3. EXAMINATION OF SITE AND CONSTRUCTION DOCUMENTS: Prior to submitting a Bid for this Project, each proposer shall have examined the site, compared it with the Drawings and Specifications, and satisfied himself as to the existing conditions under which he and his subcontractors will be required to work or that will affect the work under this Contract. No allowances will be made in behalf of Contractor or any Subcontractor, after the Contract has been signed, for any omission, error or negligence in determining these conditions.

4. TIME OF COMPLETION: The Contractor will have 165 calendar days after the date of the written Notice to Proceed complete the project.

5. INTERPRETATION OF BID PRICES: In case of a difference in written words and figures on Bid Form, the amount stated in written words shall govern.

6. DELIVERY OF BIDS: Bidder shall be responsible for mailing or delivering his Bid at the proper time and to the proper place. The mere fact that a Bid was mailed or dispatched will not be considered.

Bidder is held responsible for determining that the Bid is actually received by Owner. Submitting a Bid or modification thereof by telephone or telegraph is not allowed.

7. PERFORMANCE AND PAYMENT BONDS: Required. Refer to Item 1 above, and Montgomery County Purchasing Department Requirements.

8. TAX EXEMPTION: TEXAS SALES AND USE TAXES: Owner is exempt from State and local sales and use taxes under Section 151.309 of the Texas Tax Code. This Contract is deemed to be a separated Contract for Texas tax purposes, and as such, Owner hereby

INSTRUCTIONS TO BIDDERS

Page A2-2 issues its Texas Exemption for the purchase of any items qualifying for exemption under this Agreement. Contractor is to issue its Texas Resale Certificate to vendors and subcontractors for such items qualifying for this exemption and further, Contractor should state these items at cost.

9. ADDENDA AND INTERPRETATIONS:

a. No interpretation of the meaning of the Construction Documents (General Documents, Specifications and Drawings) will be made to any bidder orally. Requests for such interpretations shall be made in writing and addressed to Architect, and to be given consideration must be received at least (5) working days prior to date set for receiving bids.

Any and all such interpretations or supplemental instructions will be issued in the form of written Addenda to the Construction Documents, which, if issued, will be furnished to all prospective bidders at the respective addresses furnished for such purposes, prior to date set for opening of bids. Failure of any bidder to receive any such Addendum or interpretation shall not relieve any bidder from any obligation under his bid as submitted. All Addenda so issued shall become part of the Contract Documents upon signing of the Agreement Between Owner and Contractor.

b. Contractors, subcontractors and materialmen bidding on this work are requested to direct their requests for clarification or amplification to the Drawings and Specifications covering all phases of the work, including architectural, mechanical, plumbing and electrical items, to the Procurement Project Manager, Susan Lamendola, CPPB, NIGP-CPP.

Oral interpretation will not constitute authority to change the scope of work, workmanship or materials required for this project.

c. Request for approval to substitute materials, methods, or processes shall be made to Engineer no later than (5) working days prior to date for submission of subcontract bids to general contractors, and if found acceptable, will be confirmed by an Addendum to the Construction Documents. Where proposed substitutions are NOT incorporated into the Construction Documents by Addendum PRIOR TO the Contract Bid Opening, all bids shall be held to have been made on the basis of materials, methods and processes required by the Construction Documents. CONTRACTOR NOTE: The terms “substitution”, “equal” and similar wording as used herein shall be held to mean “a proposal to use any material, method, or process other than the materials, methods or processes as specified, as well as related work as noted on the Drawings”.

10. CASH ALLOWANCES: Not Applicable

11. USE OF LOCAL SUBCONTRACTORS AND SUPPLIERS: It is the intention of the County for local businesses to be given every consideration and opportunity to provide services and materials for this project. Contractors submitting bids for this project are encouraged to utilize local businesses wherever possible, but not to the extent where their participation will result in the Contractor’s bid not being competitive.

12. TRASH REMOVAL: Contractor shall not allow trash to accumulate on the building site. If applicable, Contractor shall be requireded to coordinate the location of his trash dumpster with the Owner’s Representative.

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DOCUMENT A3 BID FORM

Page A3-1

PROJECT: PUBLIC IMPROVEMENTS FOR THE PORTER HEIGHTS COMMUNITY, PROJECT #24-17

BID DATE: APRIL 3, 2024

BID TIME: 2:00 P.M.

PLACE: OFFICE OF THE COUNTY PURCHASING AGENT

501 North Thompson, Suite 405 - Conroe, Texas, 77301

CONTRACTOR:______________________________________________________

TYPED/PRINTED NAME OF FIRM SUBMITTING BID

TO: MONTGOMERY COUNTY PURCHASING AGENT

Public Improvements for the Porter Heights Community, Project #24-17 501 North Thompson, Suite 405 Conroe, Texas 77301

Having carefully examined the Construction Documents and having visited the site and examined all conditions affecting the Work, the undersigned and subcontractors employed for this project agree to provide all labor and material required by the Construction Documents and do all work necessary for the complete construction of the Public Improvements for the Porter Heights Community, Project #24-17 located in Montgomery County, Texas, for the lump sum of:

TOTAL AMOUNT BID:

______________________________________________________________________________DOLLARS (amount written in words governs)

(amount in figures)

TIME FOR COMPLETION. If awarded a Contract for this Project, the undersigned agrees to complete the work within 165 calendar days after the date of the written Notice to Proceed.

ADDENDA. The undersigned acknowledges receipt of Addendum Number(s)_____________issued during the time for bidding and has included the several changes therein in this Proposal.

BID SECURITY. Bid Security in the sum of ___________________________________________DOLLARS ($_________) in the form of _______________________________________________________________ is submitted herewith as a guarantee that the undersigned will, if this Bid is accepted and the undersigned be notified of such acceptance, enter into a Contract and furnish acceptable Performance and Payment Bonds within twenty (20) days after the prescribed forms of Agreement and bond are presented to the undersigned for execution and that no bid made hereby will be withdrawn within twenty (20) days after the date set for opening of the bid for this Work without your consent.

CHANGES IN THE WORK. When changes in the Work are ordered involving extra cost over and above the Contract Sum, the cost of such extra work shall be stated as a lump sum to be added to the Contract Sum before the extra work is begun, in which event the lump sum shall represent the actual cost of labor and material.

COMPLIANCE ACKNOWLEDGMENT. The undersigned acknowledges this Bid is based on STRICT COMPLIANCE with the Drawings and Specifications, as to items, materials, methods, etc., or PRIOR

APPROVED EQUALS ISSUED BY ADDENDA BEFORE PROPOSAL OPENING DATE.

GENERAL.

It is understood that if accepted by Owner, this Bid becomes a part of the Contract Documents upon the signing of the Agreement, and failing to comply with any part of this Bid will be taken as failure of the Bidder to comply with the Contract Agreement and will be just cause for rejection of the Work.

BID FORM

Page A3-2

If awarded the Contract for this Project, the undersigned shall submit to the Engineer a list of subcontractors he proposes to employ prior to executing the subcontracts. It is also understood that OWNER reserves the right to reject any or all proposals; to accept any proposal considered advantageous; and to waive any informality or irregularity in any proposal which, in his judgement, is in his own best interest. It is in the Owner's best interest to occupy the building as quickly as possible, therefore, consideration of either lowest price and/or length of days proposed for substantial completion may be a major factor in determining the most advantageous proposal.

The undersigned certifies that the amounts contained in this Bid have been carefully checked and are submitted as correct and final.

The undersigned agrees that he will not withdraw this Bid for a period of ninty (90) days from the date hereof:

BID TO BE SUBMITTED IN DUPLICATE (one original and one copy).

NAME OF CONTRACTING FIRM

BY:________________________________________

AUTHORIZED SIGNATURE

PRINTED/TYPED NAME & TITLE OF ABOVE

ADDRESS:__________________________________

CITY STATE ZIP

TELEPHONE: (_____)__________________

FAX: (_____)_________________________

STATE WHETHER CORPORATION

PARTNERSHIP or INDIVIDUAL

SEAL, IF CORPORATION

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Project 24-17 – Public Improvements for the Porter Heights Community- Precinct 4 1

TABLE OF CONTENTS

TABLE OF CONTENTS

Note: Any reference to bid/proposal is interchangeable with competitive sealed proposal throughout this document. Any reference to bidder means bidder/proposer/offeror.

PAGE

BID PACKAGE CHECK LIST

MONTGOMERY COUNTY RESPONSE REQUIREMENTS

SPECIAL NOTE

NOTICE TO ALL BIDDERS

CONTRACT

ACKNOWLEDGEMENT

RESIDENCE CERTIFICATION

PAYMENT BOND

PERFORMANCE BOND

NON-COLLUSION AFFIDAVIT AND DEBARMENT CERTIFICATE

CHANGE ORDER

CONTRACTOR ACKNOWLEDGEMENT OF STORM WATER MANAGEMENT

PROGRAM………………………………………………………………………………….16

CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT

CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT

HOUSING AND URBAN DEVELOPMENT (HUD) SECTION 3……………………...19

REFERENCES/VERIFICATION…………………………………………………………25

PREVAILING WAGES

MONTGOMERY COUNTY GENERAL PROVISIONS:

SECTION 1 DEFINITION OF TERMS

SECTION 2 INSTRUCTIONS TO BIDDERS

SECTION 3 AWARDS AND EXECUTION OF CONTRACT

SECTION 4 INSURANCE AND INDEMNIFICATION

SECTION 5 PREVAILING WAGE RATE TO BE MAINTAINED

SECTION 6 AUTHORITY OF ARCHITECT

SECTION 7 PROSECUTION OF THE WORK

SECTION 8 ALTERATION OF CONTRACT

SECTION 9 CONTRACT TIME AND DAMAGES FOR DELAY

SECTION 10 PAYMENTS AND ACCEPTANCE

SECTION 11 WARRANTIES

SECTION 12 GENERAL

SECTION 13 BID REQUIREMENTS

SECTION 14 COMMUNITY DEVELOPMENT REQUIREMENTS

SECTION 15 APPLICABLE LAWS AND REGULATIONS

SECTION 16 FEDERAL LABOR STANDARD PROVISIONS

SECTION 17 CONTRACTOR’S LOCAL OPPORTUNITY PLAN

SECTION 18 PROJECT SIGN REQUIREMENTS

EXHIBIT C – APPLICABLE FEDERAL LAWS AND REGULATIONS …………….69

Project 24-17 – Public Improvements for the Porter Heights Community- Precinct 4 2

BID PACKAGE CHECK LIST

Only items marked with an “X” are applicable to this bid.

Required Required

X

BID FORMS

Must be completed and signed in ink. Failure to do so may cause response to be rejected.

X Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion

X Document A3 BID FORM X Certificate of Independent Price Determination

X Contract X Israel Boycott Statement

X Acknowledgement X Conflict of Interest Questionnaire (CIQ)

X Residence Certification X Build America Buy America Compliance Form and Contractor's Local Opportunity Plan

X Non-Collusion Affidavit and Debarment Certification X Disclosure of Interested Parties (Form 1295)

X Contractor Acknowledgement of Storm Water Management Program X Ethics Training* completed and Certificate of

Completion included with proposal response *click on link to complete training

X Section 3 forms X BID BOND REQUIREMENTS This Bond applies to certain Bids as stated in Montgomery County Terms and Conditions

X References X GENERAL REQUIREMENTS AND

TERMS

Respondent should be familiar with all General Requirements and Terms.

X Vendor Information Form

X

SUBMITTING PROCEDURE

Company Name

Project Number

Opening Date

Project Title

X W-9 submittal

X Bidder/Offeror Self Certification

X Certification Regarding Lobbying

AFTER AWARD IS MADE, THE FOLLOWING DOCUMENTS MUST BE PROVIDED

Check if you are prepared to provide these after award, as required.

Required Required

X TEST REPORTS X SAFETY DATA SHEETS

X PERFORMANCE BOND

REQUIREMENTS

This Bond applies to bids that exceed $100,000 as stated in the Montgomery County Terms and Conditions.

X PAYMENT BOND REQUIREMENTS

This Bond applies to bids that exceed $25,000 as stated in the Montgomery County Terms and Conditions.

INSURANCE INFORMATION

Required Required

X

WORKERS’ COMPENSATION

Check if you are prepared to provide this after award, as required, if applicable. X

. GENERAL AND PROFESSIONAL

LIABILITY

Check if you are prepared to provide this after award, as required, if applicable.

X

AUTOMOBILE LIABILITY

Check if you are prepared to provide this after award, as required, if applicable.

X ACTIVE VENDOR

Check here only if your company has conducted business with Montgomery County within the past year; AND all current insurance certificates are on file at this time

It is the Respondent’s responsibility to be thoroughly familiar with all Requirements and Specifications.

COMPANY NAME

https://www.mctx.org/departments/departments_d_-_f/ethics_commission/online_training.php

Project 24-17 – Public Improvements for the Porter Heights Community- Precinct 4 3

RESPONSE REQUIREMENTS

Bidders/Proposers shall fill out the following Bid/Proposal Form in its entirety. Failure to do so may result in disqualification.

(1) BIDDERS/PROPOSERS MUST SUBMIT NUMBER OF COPIES SPECIFIED PER THE INVITATION TO

BID/PROPOSE.

(2) BIDDERS/PROPOSERS MUST FILL IN AND SIGN THE ATTACHED CONTRACT. IF MONTGOMERY

COUNTY HAS A COPY OF BIDDER’S/PROPOSER’S ASSUMED NAME CERTIFICATE, DBA (DOING

BUSINESS AS) CERTIFICATE, OR CORPORATE CERTIFICATE. IN ORDER FOR YOUR

BID/PROPOSAL TO MEET MONTGOMERY COUNTY BID/PROOPSAL REQUIREMENTS, THE COUNTY

MUST HAVE, IN OUR RECORDS, THE ABOVE MENTIONED CERTIFICATES.

(3) NO BID/PROPOSAL WILL BE ACCEPTED AFTER THE SPECIFIED DUE DATE AND TIME.

(4) PRICES WILL REMAIN FIRM FOR THE DURATION OF THIS CONTRACT. PRICES SHALL BE ALL

INCLUSIVE. ANY PRICE NOT SHOWN ON THIS CONTRACT WILL NOT BE HONORED FOR

PAYMENT WHEN SUBMITTED BY VENDOR.

(5) MONTGOMERY COUNTY RETAINS THE RIGHT TO IMMEDIATELY CANCEL ANY AGREEMENT

BETWEEN THE PARTIES HERETO, SHOULD GOODS, MATERIALS, OR SERVICES SUPPLIED BY THE

BIDDER/PROPOSER NOT MEET SPECIFICATIONS.

(6) MONTGOMERY COUNTY MAY REQUEST BIDDER/PROPOSER TO PROVIDE, BEFORE AWARD,

CERTIFICATES OF INSURANCE RELATING TO THE FOLLOWING CATEGORIES OF INSURANCE, IF

REQUIRED BY LAW:

A) WORKERS’ COMPENSATION

B) COMPREHENSIVE GENERAL LIABILITY INSURANCE

C) AUTOMOBILE LIABILITY INSURANCE

(7) VENDOR AWARDED CONTRACT SHALL BE REQUIRED TO SUBMIT A LIST OF ALL

SUBCONTRACTORS.

THE COMMISSIONERS’ COURT OF MONTGOMERY COUNTY RESERVES THE RIGHT TO AWARD THIS

CONTRACT TO THE BIDDER/PROPOSER WHO PROVIDES THE LOWEST, BEST, AND MOST RESPONSIBLE

BID/PROPOSAL, IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. ALTERNATE

BIDS/PROPOSALS WILL NOT BE ACCEPTED.

THE COMMISSIONERS’ COURT FURTHER RESERVES THE RIGHT TO WAIVE ANY FORMALITY OR

IRREGULARITY, TO REJECT ALL BIDS/PROPOSALS, OR REQUIRE NEW BIDS/PROPOSALS, IF IN THE BEST INTEREST OF THE COUNTY. BY LAW, MONTGOMERY COUNTY IS NOT OBLIGATED TO ACCEPT A NON-

COMPLIANT LOW BID/PROPOSAL.

ALL MONTGOMERY COUNTY STANDARD TERMS AND CONDITIONS WILL APPLY UNLESS

SPECIFICALLY ADDRESSED IN THIS INVITATION TO BID/PROPOSAL.

MONTGOMERY COUNTY RESERVES THE RIGHT TO MAKE AN AWARD ON AN “ALL OR NONE” BASIS.

Failure or inability to adhere to any of the preceding requirements may serve as the basis for disqualification.

Project 24-17 – Public Improvements for the Porter Heights Community- Precinct 4 4

SPECIAL NOTE

IF SUBCONTRACTORS ARE UTILIZED FOR ANY JOB ORDER, A LIST OF THE

SUBCONTRACTORS, ALONG WITH NAME AND PHONE NUMBER, SHALL BE

PROVIDED BY THE GENERAL CONTRACTOR AFTER THE AWARD OF THE

CONTRACT AND PRIOR TO THE COMMENCEMENT OF WORK. THIS LIST

SHALL BE DELIVERED TO THE FOLLOWING ADDRESS:

MONTGOMERY COUNTY PURCHASING DEPARTMENT

SUSAN LAMENDOLA, CPPB, NIGP-CPP

501 N. THOMPSON, SUITE 405

CONROE, TEXAS 77301

Project 24-17 – Public Improvements for the Porter Heights Community- Precinct 4 5

NOTICE TO ALL BIDDERS

Texas Department of Insurance – Division of Workers’ Compensation (DWC) has adopted amended Rule 28 TAC §110.110 required notices of coverage with all solicitations advertised after November 24, 2015.

The DWC has stated that it is aware that statutory requirements for Workers’ Compensation Insurance Coverage are not being met. Rule §110.110 is designed to achieve compliance from both Contractor and governmental entities. This affects both of us on this project.

Providing false or misleading certificates of coverage, failing to provide or maintain required coverage, or failing to report any change that materially affects the coverage, may subject the Contractor(s) or other persons providing services on this project to legal penalties. This affects your Subcontractors.

Please read carefully and prepare your Bid/Proposal in full compliance to DWC Rule §110.110. Failure to provide the required certificates, upon submission of a Bid/Proposal, could result in your Bid/Proposal being declared “Non- Responsive”.

According to DWC, “This rule does not create any duty or burden on anyone which the law does not establish.” Therefore, the County should not experience any increase in cost because of the need to comply with the Texas Workers’ Compensation Laws.

Gilbert Jalomo, Jr., CPPB Purchasing Agent

Project 24-17 – Public Improvements for the Porter Heights Community- Precinct 4 6

C O N T R A C T

THE STATE OF §

COUNTY OF §

THIS AGREEMENT is made this day of , 20 , by and between Montgomery County, Texas, a political subdivision of the State of Texas, hereinafter called, “County” and a, whose principal place of business is located at , and is hereinafter called “Contractor.”

WHEREAS, the County Commissioners' Court did on ____________________ award to Contractor a contract for supplying ____________________________________________________ in quantities and at the prices therein set out; and

WHEREAS, Contractor has agreed to provide services in conformity with the plans and specifications and to supply all necessary labor and materials at the prices set forth in the bid/proposal form submitted by Contractor and incorporated into this Agreement.

NOW THEREFORE be it agreed by County and contractor as follows:

1. The following documents attached hereto and accompanying this agreement are incorporated herein, and the provisions set forth therein shall become a part of this agreement:

a. Notice to Bidders/Proposers

b. Contractor’s Bid/Proposal Form

c. General Provisions and Attachments

d. Special provisions

e. Technical Provisions including all Plans, Specifications and Technical Requirements

f. Contractor’s Performance and Payment Bonds

g. HUD Section 3 Contracting Policy and Procedure, where applicable

h. All other documents included in the bid/proposal packet applicable to the services performed hereunder

2. It is expressly understood and agreed that County has available only the funds appropriated and certified by its County Auditor for the purpose of satisfying County's obligations under the terms and provisions of this Agreement; and, notwithstanding anything to the contrary or that may be construed to the contrary, the maximum liability of County is limited to said appropriated and certified funds. Should County, with or without cause, fail or refuse to pay Contractor any amounts alleged by Contractor to be due under this Agreement, or fail or refuse to appropriate funds as may be necessary to complete the contract work, then the sole and exclusive remedy of Contractor shall be to terminate this Agreement and take possession of any goods or materials not used in furtherance of the contract work or previously paid for by County and/or to seek compensation as provided by strict interpretation of the Agreement for labor, goods, materials and equipment used for purposes of the contract work prior to termination of the Agreement.

3. This Agreement, including all documents specifically incorporated herein, constitute the whole agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements. This Agreement shall not be amended or waived, in whole or in part, except in writing signed by both Parties.

Effective as of the date first written herein above.

Project 24-17 – Public Improvements for the Porter Heights Community- Precinct 4 7

CONTRACTOR

SIGNATURE:

PRINT NAME:

TITLE:

COMPANY:

(If this Contract is with a Corporation, it must be executed by an officer thereof and the seal of the Corporation impressed.)

MONTGOMERY COUNTY, TEXAS

BY:

COUNTY JUDGE

ATTEST:

COUNTY CLERK

AUDITOR’S CERTIFICATE

I do certify that funds are available in the amount of to pay the obligation of County under and within the foregoing agreement.

SIGNED this day of , 20 .

COUNTY AUDITOR

Project 24-17 – Public Improvements for the Porter Heights Community- Precinct 4 8

ACKNOWLEDGMENT*

CORPORATE

BEFORE ME, the undersigned authority, this day personally appeared , known to me to be the of the Corporation, who being by me first duly sworn, deposed and said that he/she had executed the above and foregoing Document in the capacity stated as the authorized act and deed of said Corporation.

NOTARY PUBLIC

Printed Name

Commission Expires:

PARTNERSHIP

BEFORE ME, the undersigned authority, this day personally appeared , a General Partner of the Partnership, who being by me first duly sworn, deposed and said that he/she had executed the above and foregoing Document in the capacity stated as the authorized act and deed of said Partnership.

NOTARY PUBLIC

Printed Name:

Project 24-17 – Public Improvements for the Porter Heights Community- Precinct 4 9

ACKNOWLEDGMENT CONTINUED

INDIVIDUAL OR SOLE PROPRIETORSHIP

BEFORE ME, the undersigned authority, this day personally appeared , an individual doing business as , who being by me first duly sworn, deposed and said that he/she had executed the above and foregoing Document in the capacity stated and for the purposes and consideration set forth therein.

NOTARY PUBLIC

Printed Name

Commission Expires

*(EXECUTE APPROPRIATE ACKNOWLEDGMENT FOR CORPORATION, PARTNERSHIP OR

INDIVIDUAL CONTRACTOR.)

Project 24-17 – Public Improvements for the Porter Heights Community- Precinct 4 10

RESIDENCE CERTIFICATION

In accordance with Chapter 2252 of the Government Code, the following will apply. The pertinent portion has been extracted and is as follows:

Sec. 2252.001 DEFINITIONS

(3) "Nonresident bidder" refers to a person who is not a resident.

(4) "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state.

Sec. 2252.002 AWARD OF CONTRACT TO NONRESIDENT BIDDER

A governmental entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in:

(1) the state in which the nonresident's principal place of business is located; or

(2) a state in which the nonresident is a resident manufacturer.

I certify that is a Resident Bidder as defined Government Code 2252 and our principal place of business is in

CITY AND STATE

Signature:

Print Name:

Title:

I certify that is a Nonresident Bidder as defined in Government Code 2252 and our principal place of business is in . (City and State)

Signature:

Print Name:

Project 24-17 – Public Improvements for the Porter Heights Community- Precinct 4 11

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS:

THAT of the City of , County of ______________________________, and State of as Principal, and ______________________________, authorized under the Laws of the State of Texas to act as Surety on Bonds for Principals, are held and firmly bound unto the County Judge of Montgomery County, Texas, and his duly qualified successors in office, in the penal sum of $ for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents:

WHEREAS, the Principal has entered into a certain written Contract with the County, dated the day of , 20 , for construction of a Public Works Project, generally described as _______________________________________________________, which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.

NOW, THEREFORE, THE CONDITION TO THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect;

PROVIDED, HOWEVER, that this Bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this Bond shall be determined in accordance with the provisions of said chapter to the same extent as if it were copied at length herein.

Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work performed thereunder, or the Plans, Specifications or Drawings accompanying the same, shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder.

IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 20 .

PRINCIPAL SURETY

BY: BY:

TITLE: TITLE:

ADDRESS: ADDRESS:

PHONE NUMBER: PHONE NUMBER:

EMAIL: _________________________________ EMAIL: _______________________________

The Name and Address of the Resident Agent of Surety is:

(Attach Power of Attorney evidencing Surety Signatory’s authority to execute on behalf of Surety.)

Project 24-17 – Public Improvements for the Porter Heights Community- Precinct 4 12

PERFORMANCE BOND

THE STATE OF §

COUNTY OF §

KNOW ALL MEN BY THESE PRESENTS:

THAT of the City of , County of ________________________________, and State of as Principal, and ________________________________________, authorized under the Laws of the State of Texas to act as Surety on Bonds for Principals, are held and firmly bound unto the County Judge of Montgomery County, Texas, and his duly qualified successors in office, in the penal sum of $ for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents:

WHEREAS, the Principal has entered into a certain written Contract with the County, dated the day of , 20 , for construction of a Public Works Project, generally described as ___________________________________________, which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions, and agreements in and by said Contract agreed and covenanted by the Principal to be observed and performed according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, and faithfully perform the work in accordance with the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise, it shall remain in full force and effect;

PROVIDED, HOWEVER, that this Bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this Bond shall be determined in accordance with the provisions of said chapter to the same extent as if it were copied at length herein.

Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work performed thereunder, or the Plans, Specifications or Drawings accompanying the same, shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder.

IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 20 .

PRINCIPAL SURETY

BY: BY:

TITLE: TITLE:

ADDRESS: ADDRESS:

PHONE NUMBER: PHONE NUMBER:

EMAIL: _________________________________ EMAIL: _______________________________

The Name and Address of the Resident Agent of Surety is:

(Attach Power of Attorney evidencing Surety Signatory’s authority to execute on behalf of Surety.)

Project 24-17 – Public Improvements for the Porter Heights Community- Precinct 4 13

NON-COLLUSION AFFIDAVIT AND DEBARMENT CERTIFICATION

INDIVIDUAL DOING BUSINESS UNDER A CONTRACTOR NAME

The prequalified Bidder being duly sworn, solemnly swears (or affirms) that neither he, nor any official, agent or employee has entered into any agreement, participated in any collusion, or otherwise taken any action which is in restraint of “free competitive bidding” in connection with any Bid or contract, and that the prequalified Bidder intends to do the work with his own bonafide employees or subcontractors and will not submit a Bid for the benefit of another Contractor.

By submitting this non-collusion affidavit, the Contractor is certifying his status under penalty of perjury under the laws of the United States in accordance with the Debarment Certification attached, provided that the Debarment Certification also includes any required statements concerning exceptions that are applicable.

SIGNATURE OF PREQUALIFIED BIDDER

Name of Prequalified Bidder Print or type individual name

Trading and doing business as Print or type Contractor name

Address as Prequalified

Witness Signature of Prequalified Bidder, Individually

Print or type witness' name Print or type signer's name

AFFIDAVIT MUST BE NOTARIZED

NOTARY SEAL

Subscribed and sworn to before me this the day of _________20 .

Signature of Notary Public of County

State of

My Commission Expires:

Project 24-17 – Public Improvements for the Porter Heights Community- Precinct 4 14

NON-COLLUSION AFFIDAVIT AND DEBARMENT CERTIFICATION CONTINUED

CORPORATE ENTITIES DOING BUSINESS UNDER A CONTRACTOR NAME

The prequalified Bidder being duly sworn, solemnly swears (or affirms) that neither he, nor any official, agent or employee has entered into any agreement, participated in any collusion, or otherwise taken any action which is in restraint of “free competitive bidding” in connection with any Bid or contract, and that the prequalified Bidder intends to do the work with his own bonafide employees or subcontractors and will not submit a Bid for the benefit of another Contractor.

By submitting this non-collusion affidavit, the Contractor is certifying his status under penalty of perjury under the laws of the United States in accordance with the Debarment Certification attached, provided that the Debarment Certification also includes any required statements concerning exceptions that are applicable.

SIGNATURE OF PREQUALIFIED BIDDER

Name of Prequalified Bidder Print or type Corporate name

Trading and doing business as Print or type Contractor name

Address as Prequalified

Witness Signature of Prequalified Bidder, Individually

Print or type witness' name Print or type signer's name

AFFIDAVIT MUST BE NOTARIZED

NOTARY SEAL

Subscribed and sworn to before me this the day of _________20 .

Signature of Notary Public of County

State of

My Commission Expires:

Project 24-17 – Public Improvements for the Porter Heights Community- Precinct 4 15

CHANGE ORDER NO.

PURCHASE ORDER NO.

PROJECT:

CONTRACTOR:

Contractor is directed by County to make the following changes to the Contract Documents.

DESCRIPTION OF CHANGES:

ATTACHMENTS: (List Supporting Documents)

CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME

1. Original price: $ Original Time: Days

2. Total of prior change Total of prior change orders: $ orders: Days

3. Total price prior to current Total time prior to change order: $ current change order: Days

4. Total of current change order:$ Total of current change order: Days

5. New price resulting from current change order: $ New time resulting Days from current change order:

AGREED BY:

CONTRACTOR

CONTRACTOR NAME

SIGNATURE: DATE:

TITLE:

APPROVED:

MONTGOMERY COUNTY CONTRACT REPRESENTATIVE

Project 24-17 – Public Improvements for the Porter Heights Community- Precinct 4 16

CONTRACTOR ACKNOWLEDGEMENT OF STORMWATER MANAGEMENT PROGRAM

I hereby acknowledge that I am aware of the Storm water Management Program and have been provided an opportunity to review, inspect, or provided a copy of the standard operating procedures developed by Montgomery County, in compliance with the TPDES General Permit No. TXR040000. I agree to comply with all applicable best management practices and standard operating procedures while conducting my services for Montgomery County. I agree to conduct all services in a manner that does not introduce illicit discharges of pollutants to streets, storm water inlets, drainage ditches or any portion of the drainage system.

The following materials and/or pollutant sources must not be discharged to the drainage system as a result of any services provided:

1. Grass clippings, leaves, mulch, rocks, sand, dirt or other waste materials resulting from landscaping activities (except those materials resulting from ditch mowing or maintenance activities;

2. Herbicides, pesticides and/or fertilizers (except those intended for aquatic use);

3. Detergents, fuels, solvents, oils and/or lubricants, other equipment and/or vehicle fluids;

4. Other hazardous materials, including paints, thinners, chemicals or related waste materials;

5. Uncontrolled dewatering discharges, equipment and/or vehicle wash water;

6. Sanitary waste, trash, debris, or other waste products;

7. Wastewater from wet saw machinery; and

8. Other pollutants that degrade water quality or pose a threat to human health or the environment

Furthermore, I agree to notify Montgomery County immediately of any issue caused by, or identified by

________________________________________ (Contractor) that is believed to be an immediate threat to human health or the environment.

Name of Contractor

Signature of Authorized Representative Title

Printed Name Date

Project 24-17 – Public Improvements for the Porter Heights Community- Precinct 4 17

CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT

Project

Job No.

On receipt by the signer of this document of a check from (maker of check) in the sum of ($ ) payable to (payee(s) of check) and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release any mechanic’s lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer’s position that the signer has on the property of MONTGOMERY COUNTY (owner) located at (location) to the following extent: (job description).

This release covers a progress payment for all labor, services, equipment, and/or materials furnished to the property or to (person with whom signer contracted) as indicated in the attached statement(s) or progress payment request(s), except for unpaid retention, pending modifications and changes, or other items furnished.

Before any recipient of this document relies on this document, the recipient should verify evidence of payment to the signer.

The signer warrants that the signer has already paid or will use the funds received from this progress payment to promptly pay in full all of the signer’s laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project in regard to the attached statement(s) or progress payment request(s).

Date

(Company name)

By (Signature)

(Title)

Sworn to and subscribed before me by on ________________, 20____.

Notary Public in and for the State of Texas My commission expires:

Project 24-17 – Public Improvements for the Porter Heights Community- Precinct 4 18

CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT

Project

Job No.

On receipt by the signer of this document of a check from (maker of check) in the sum of ($ ) payable to (payee(s) of check) and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release any mechanic’s lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer’s position that the signer has on the property of MONTGOMERY COUNTY (owner) located at (location) to the following extent: (job description).

This release covers a final payment for all labor, services, equipment, and/or materials furnished to the property or to (person with whom signer contracted).

Before any recipient of this document relies on this document, the recipient should verify evidence of payment to the signer.

The signer warrants that the signer has already paid or will use the funds received from this final payment to promptly pay in full all of the signer’s laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project up to the date of this waiver and release.

Date

(Company name)

By (Signature)

(Title)

Sworn to and subscribed before me by on ________________, 20____.

Notary Public in and for the State of Texas My commission expires:

Project 24-17 – Public Improvements for the Porter Heights Community- Precinct 4 19

HOUSING AND URBAN DEVELOPMENT

(HUD) SECTION 3

CONTRACTING POLICY AND PROCEDURE

INTRODUCTION

The purpose of Section 3 of the Housing and Urban Development (HUD) Act of 1968 (12 U.S.C. 1701u) (Section 3) is to ensure that employment and other economic opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible, and consistent with existing Federal, State, and local laws and regulations, be directed to low and very-low income individuals, especially recipients of government assistance for housing, and to business concerns which provide economic opportunities to low and very low income individuals. “Section 3” means Section 3 of the Housing and Urban Development Act of 1968, as amended 12 U.S.C. 1701u.

All Contractors who enter into HUD financed contracts with Montgomery County agree to comply with Section 3, when applicable (see “NOTICE OF SECTION 3 REQUIREMENTS” attached hereto).

This will include:

1. Submitting a list of all positions necessary to complete contract, name of employees who will fill those positions, names of all other employees.

2. Posting notices of any vacant positions, including training and/or apprenticeship positions, qualifications for positions, place where applications will be received and starting date of employment.

3. To the greatest extent possible, making available vacant positions, including training and/or apprenticeship positions, to Section 3 residents (all categories) in order to priority.

4. As positions are vacated during completion of contract, following guidelines enumerated in numbers 2 and 3 above.

5. Submitting Compliance Reports as required.

6. If notified of non-compliance, correcting non-compliance within allowable time period.

Failure to comply with these Section 3 requirements may lead to sanctions, which can include termination of the contract for default and suspension or debarment from future HUD-assisted contracts.

A business concern seeking to qualify for a Section 3 contracting preference shall certify or submit evidence that the business concern qualifies as a Section 3-business concern (see “CERTIFICATION FOR BUSINESS CONCERNS SEEKING HUD (SECTION 3) PREFERENCE” form attached). Section 3 business must also be able to demonstrate its ability to complete the contract. The ability to perform successfully under the terms and conditions of the proposed contract is required of all contractors and subcontractors subject to the procurement standards of 24 CFR 85.36, 24 CFR 85.36b(8).

Project 24-17 – Public Improvements for the Porter Heights Community- Precinct 4 20

Notice of Section 3 Requirements

The following Section 3 Requirements, based on the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3), are incorporated herein and shall become a part of this agreement:

A. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the area of the Section 3 covered project, and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the Section 3 covered project.

B. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 Part CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements.

C. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or worker's representative of his commitments under this section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training.

D. The contractor will include this section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for, or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations.

E. Compliance with the provisions of section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department, issued thereunder prior to execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the application or recipient, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or load agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135.

F. Noncompliance with HUD’s…