FINAL TO POST_RFB 26-1373 PK Roofing and Siding Project.pdf

Request for Bids

October 30, 2025 RFB No. 26-1373

Dear Prospective Respondent:

Sealed Bids will be received by the Purchasing Agent or other designee of the Brazos River Authority no later than 10:00 AM, December 16, 2025 for Possum Kingdom Main Office Roofing and Siding Project. All qualified firms including Small, Minority, Women Owned Businesses and Historically Underutilized Businesses are encouraged to submit bids in response to this request.

Bids must be submitted and received no later than the due date and time specified. Any Bid received later than the specified time, shall not be considered. The BRA is NOT responsible for ensuring the delivery of Bids.

Refer to Section 18. Delivery of Bid Submittals for instructions on submitting a response to this solicitation.

Bid must be clearly identified as follows on the outside of the sealed physical submission. The BRA shall not be responsible for submissions that are not properly identified. Proper identification of Respondent’s bid is the sole responsibility of the Respondent and failure to do so may result in the submission not being included in the bid opening:

RFB TITLE: Possum Kingdom Main Office Roofing and Siding Project

RFB NO: 26-1373

RFB DUE DATE: 10:00 AM, December 16, 2025

The BRA shall have the right to accept or reject any or all Bids, or any part thereof, and to waive any technicalities in the interest of the BRA.

BRA will evaluate all relevant health, safety and business factors on all solicitations to determine when to initiate a notice to proceed on all projects, delivery of goods and/or services or procurement of construction related services to best attempt to balance BRA needs and to protect the health and safety of BRA employees, the employees of respondents and the public at large.

Sincerely, Allison Sheeler, CTCD, CTCM Purchasing Agent

4600 Cobbs Drive • Waco, Texas 76710 254.761.3153

RFB No. 26-1373 PK MAIN OFFICE ROOFING AND SIDING PROJECT Page 2 of 11

SUPPLIER DIVERSITY PURCHASING POLICY

The Brazos River Authority (BRA) will ensure that purchases of equipment, materials, supplies, and/or services conform with Texas Procurement law as applicable to the BRA, are cost effective, and contribute to the competitiveness of the BRA and its customers.

Procurement activities will be conducted in an open and fair manner with equal opportunity provided to all qualified parties. The BRA will provide equal contracting opportunities as provided by all applicable State and Federal laws to small business enterprises, Historically Underutilized Businesses and Disadvantaged Business enterprises.

GENERAL INSTRUCTIONS TO RESPONDENTS

The Work consists of the furnishing of all labor, materials, services, equipment, and appliances required for the delivery and the supplying of products and/or services as described herein and in the contract documents.

1. BID SUBMISSION: Bids must be received no later than the Bid opening date and time specified above. All Bids received after closing time will not be considered.

A. To be considered as eligible, a Respondent shall have complied with all legal requirements to permit him to operate in the State of Texas.

B. Bids must be submitted electronically, mailed or hand delivered to be considered.

2. WITHDRAWAL OF BIDS: No Bid may be withdrawn for a period of ninety (90) days after Bid opening, except by 1) either mutual consent of the BRA and Respondent; or 2) previously submitted Bids may be withdrawn upon written request received from Respondent prior to time established for receipt of Bids.

3. SIGNATURE ON BIDS: To be valid, Bids must be signed by an authorized person. By such signature, Respondent agrees to strictly abide by the terms, conditions, and Scope of work embodied in this Request for Bids.

4. EXAMINATION OF BID DOCUMENTS: Before submitting a Bid, all Respondents shall examine the complete Request for Bids, including Bid Notice, Instruction to Respondent, and Scope of Services, all of which are part of the Bid Documents.

5. ADDENDA: Unless otherwise stated in the Bid, answers to all questions, inquiries, and request for additional information will be issued in the form of Addenda. During the Bid period, prospective Respondent may be advised by Addenda of additions, deletions from, or changes in the requirements of the Bid Documents. The BRA will not be responsible for the authenticity or correctness of oral interpretations of the Bid documents or for information obtained in any other manner than through the media of Addenda. Receipt of each Addendum shall be acknowledged by Respondent.

Any questions concerning this Request for Bid should be submitted on https://www.bidnetdirect.com/texas/brazosriverauthority no later than five (5) days prior to the opening of the Bid. This is to allow the BRA sufficient time to respond to inquiries and provide information to all interested Respondents by Addendum. Unless otherwise stated in the Bid, Addenda will be posted on https://www.bidnetdirect.com/texas/brazosriverauthority .

Respondent is responsible for checking https://www.bidnetdirect.com/texas/brazosriverauthority for updates and Addenda until the time at which the submission is due. Failure to respond to all requirements, including those Addenda, shall be grounds for rejection of your bid.

6. TAXATION: The BRA is exempt under the Texas Sales Tax and Use Tax Laws, and the Respondent shall not include such taxes in the Bid.

7. QUALIFICATION OF RESPONDENTS: The BRA reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Respondent fails to satisfy the BRA that such Respondent is properly qualified to carry out the obligations of the contract and to complete the Work contemplated herein. Conditional Bids will not be accepted.

8. CONSIDERATION OF BIDS: Unless stated otherwise in the Advertisement or Request for Bids, the properly identified Bids received on time will be opened publicly and read aloud. Respondents are invited to be present.

9. COMPLIANCE WITH SCOPE OF SERVICES AND RIGHT OF

SELECTION: The Respondent shall abide by and comply with the true intent of the scope of services and not take advantage of any unintentional error or omission.

10. QUANTITIES: Unless stated otherwise in this Bid, the BRA is obligated during the period stipulated to purchase all of its normal requirements from the successful Respondent and the Respondent is obligated to supply the quantities which the BRA requires for its operation. The quantities stated are given as a general guide for bidding but are not guaranteed amounts, they represent the best estimated usage. The BRA reserves the option to purchase more or less of these services at the Bid price.

11. REPRESENTATIONS: By execution and submission of this Bid, the Respondent hereby represents and warrants to the BRA that Respondent has read and understands the Bid Documents and this Bid is made in accordance with the Bid Documents.

12. INDEMNIFICATION:

THE RESPONDENT SHALL COMPLY WITH THE REQUIREMENTS

OF ALL APPLICABLE LAWS, RULES, AND REGULATIONS AND

SHALL EXONERATE, INDEMNIFY AND HOLD HARMLESS THE

BRA FROM ANY AND ALL LIABILITY OR DAMAGES RESULTING

FROM FAILURE TO DO SO.

IN ADDITION, THE RESPONDENT AGREES TO INDEMNIFY,

KEEP, SAVE AND HOLD THE BRA HARMLESS FROM ANY AND

ALL ACTIONS, LIABILITIES, DAMAGES, JUDGMENTS, COSTS

AND EXPENSES INCLUDING REASONABLE ATTORNEY’S FEES,

IN CASE AN ACTION IS FILED OR DOES IN ANY WAY ACCRUE

AGAINST THE BRA, ITS OFFICIALS, OFFICERS, AND

EMPLOYEES IN CONSEQUENCE OF THE AWARDED CONTRACT

FOR ANY NEGLIGENT ACT OR OMISSION OF THE RESPONDENT

IN THE PROVISION OF SERVICES UNDER THE AWARDED

CONTRACT, OR THAT MAY RESULT FROM THE CARELESSNESS

OR LACK OF SKILL OF THE RESPONDENT OR THE

RESPONDENT’S OFFICERS, AGENT, CONTRACTORS, ASSIGNS

OR EMPLOYEES. IN THE EVENT A JUDGMENT IS RECOVERED

AGAINST THE BRA FOR ANY SUCH LIABILITY, COSTS OR

EXPENSES, SUCH JUDGMENT SHALL BE CONCLUSIVE

AGAINST THE RESPONDENT.

IT IS SPECIFICALLY UNDERSTOOD AND AGREED BY THE

RESPONDENT THAT SUCH INDEMNITY IS INDEMNITY BY THE

RESPONDENT TO INDEMNIFY AND PROTECT THE BRA FROM

LIABILITY, CLAIMS, SUITS, LOSSES, DAMAGES OR CAUSES OF

ACTION DUE TO THE RESPONDENT’S NEGLIGENCE, ERROR OR

OMISSION.

RFB No. 26-1373 PK MAIN OFFICE ROOFING AND SIDING PROJECT Page 3 of 11

13. EVALUATION FACTORS: Respondents may furnish pricing for all or any portion of the solicitation (unless otherwise specified). The BRA may evaluate and award a contract for any item or group of items shown on the Solicitation, or any combination deemed most advantageous to the BRA. Bids that specify an "All or None" award may be considered if a single award is advantageous. In the event of a mathematical discrepancy on the Bid Form, the BRA will only consider the price determined to be most advantageous to the BRA.

14. CRITERIA FOR AWARD: The BRA shall determine and select the Lowest Responsible Bidder from the Vendor/Provider, based solely upon the criteria contained within the bid documents.

15. TERMINATION:

The awarded contract may be terminated at any time by the BRA, in BRA’s sole discretion, for any cause or for convenience without penalty or liability. Upon receipt of such notice, the supplier shall immediately discontinue all services and actions. The BRA shall pay the Respondent promptly the accrued and unpaid amounts due for services to the date of termination, to the extent the services are approved by the BRA.

16. CHANGE OF CONTRACT PRICE:

The agreed upon contract price shall not be exceeded without the prior written consent of the BRA and may only be modified by a written amendment to the contract executed by both BRA and Respondent.

17. PAYMENT: Unless otherwise specified, payment for services and/or product will be processed within thirty (30) days from invoice date and acceptance of work and/or product. Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order including reference to purchase order number and submittal to the correct address for processing. Unit price on invoice shall be in two (2) decimal places only, i.e., $ .XX.

The BRA has set a goal to have as much paperwork submitted electronically. Respondents are asked to submit invoices electronically to the following Accounts Payable email address:

accounts. payable@brazos.org. Respondents who use the electronic service should not mail the original invoice.

18. CONFIDENTIALITY OF DOCUMENTS: The BRA is subject to the Texas Public Information Act (PIA). Any information submitted to the BRA by a Respondent shall be considered non-confidential and available to the public, except as follows:

In the event a Respondent considers a specific portion of their Bid to be confidential and subject to an exception to disclosure under the PIA, such portion must be clearly identified and marked

"CONFIDENTIAL". Do not mark an entire submittal confidential, as this is not in conformance with the PIA and is not acceptable. Only the specific portion or portions of the Bid that the Respondent considers to be confidential pursuant to the PIA should be marked. IF AN

ENTIRE BID IS MARKED CONFIDENTIAL, THE BRA WILL NOT

TREAT ANY PORTION OF THE BID AS CONFIDENTIAL AND THE

BID MAY BE REJECTED AS NON-CONFORMING. The BRA will honor notations of confidentiality made in accordance with this paragraph and decline to release such information initially. However, final determination of whether a particular portion of a Bid may in fact be withheld pursuant to the PIA will be made by the Texas Attorney General or a court of competent jurisdiction.

In the event a public information request is received for a portion of a Bid that has been marked confidential, the BRA shall ask the affected Respondent if the information may be released. If the release is agreed to, the BRA shall release the information.

If the release is denied, the matter shall be referred to the Texas Attorney General's Office in accordance with the process set forth in the PIA. The Respondent shall be fully and solely responsible for submitting arguments and evidence within the statutory timeframes to the Texas Attorney General’s Office regarding its claim of confidentiality. The BRA will NOT submit arguments on behalf of the Respondent.

The Texas Attorney General's office shall rule on the matter. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information may not be withheld, then such information will be made available to the requester. If it is determined that the information may be withheld, BRA will withhold the information from the requestor.

Pricing information contained in Bids or contracts is not considered confidential under the PIA and will be disclosed without making a request to the Texas Attorney General.

RFB No. 26-1373 PK MAIN OFFICE ROOFING AND SIDING PROJECT Page 4 of 11

REQUEST FOR BIDS

POSSUM KINGDOM MAIN OFFICE ROOFING AND SIDING PROJECT

RFB NO. 26-1373

SUBMITTAL SCHEDULE

Request for Bids are posted on the BidNet Direct website at https://www.bidnetdirect.com/texas/brazosriverauthority and prospective Respondents should visit the site for potential updates to bid requirements.

Thursday, October 30, 2025 RFB is available to download at

There are two opportunities to attend the

MANDATORY PRE-BID MEETINGS.

VENDOR MUST BE PRESENT AT

ONE OF THE TWO MEETINGS

IN ORDER TO SUBMIT A BID.

10:00 AM Tuesday, November 18, 2025

1:00 PM, Tuesday, November 18, 2025

Pre-Bid Meeting Location

Brazos River Authority 301 Observation Point Road Graford, TX 76449

4:00 PM, Tuesday, December 2, 2025

Last date and time to ask questions or request additional information. Please submit your questions at

4:00 PM, Thursday, December 4, 2025

Post response to questions received as of the deadline or as soon thereafter, as an Addendum on

10:00 AM, Tuesday, December 16, 2025

Bids are due.

11:00 AM, Tuesday, December 16, 2025

Bids will be opened and read out loud virtually at the link below……………………………..

https://youtube.com/live/W_22GGtqzWU?feature=share

Local Time Prevailing.

RFB No. 26-1373 PK MAIN OFFICE ROOFING AND SIDING PROJECT Page 5 of 11

REQUEST FOR BIDS

1. General The purpose of this Request for Bids (RFB) is to obtain sealed bids from qualified outside contractors to provide construction services for the renovation and repair of the Brazos River Authority’s (BRA) main office building located at Possum Kingdom Lake. The scope of work included evaluation, removal, and replacement of roofing, siding, gutters, soffit, trim and any associated structural repairs as described herein. Anticipated work start date of February 2026 will be determined by weather conditions most suitable for this type of work.

The main office consists of a standing seam roof system, gutters, wood siding, soffit and trim.

Over time, the main office has experienced multiple issues, including leaks along flashing and trim lines, which have required repairs, multiple areas of deteriorated siding, and additional damage to decking sheathing, substructures, and framework caused by water intrusion and deterioration. This project requires the removal and replacement of roofing and siding components, with evaluation of all substructures and necessary repairs to restore integrity of the building.

2. Scope of Services The selected contractor will be responsible for the following:

a. Assessment of building to determine causes of leakage into office building, deterioration of siding, eves, and soffit.

b. Remove and install new 24 gauge standing seam roof, trim, flashing, and 6-inch seamless gutters matching existing color.

c. Remove and replace any deteriorated or rotted sheathing, install moisture barrier, new siding, soffit, fascia and exterior trim with LP Smart siding matching existing color.

d. All demolition construction debris must be disposed of in compliance with local and state requirements.

Additional Information:

(1) Power supply to the office is located on the east side of the building and anchored into the rake. The BRA will assist with rerouting temporary anchors for power and communication lines. Power should remain supplied to the office unless work cannot be performed without interruption. If the power must be shut off, the contractor must provide a minimum of seventy-two (72) hour notice along with an estimated duration of downtime.

(2) Security cameras and equipment will be removed and reinstalled by BRA personnel.

Contractor must provide at least seventy-two (72) hour notice before these items need to be removed.

(3) Minimal of one (1) year warranty is required on all workmanship.

3. Base Bid Bid price to include all labor, materials, tools, equipment and incidentals necessary to satisfactorily design, fabricate, manufacture, furnish, deliver components and complete assemblies.

4. Information Required in the RFB Submittal - Tab Format The BRA specifically requests succinct submittals tailored to the general and discipline-specific scope of services summarized above. All submittals become the property of the BRA. Each Bid submittal shall include the information requested below.

RFB No. 26-1373 PK MAIN OFFICE ROOFING AND SIDING PROJECT Page 6 of 11

FAILURE TO SUBMIT ANY OF THE REQUESTED INFORMATION MAY BE

GROUNDS FOR REJECTION OF BID OR DELAY ISSUANCE OF A PURCHASE

ORDER/CONTRACT.

Tab A: Include the following:

(1) Date your company was established and a brief history; number of employees;

provide number and location of offices.

(2) Provide name, title and office location of person who will be the principal contact for the BRA and the billing location if different.

(3) Describe the types of organizations that your company typically serves and general nature of the work.

(4) A list and description of similar services completed within the last five years under your current company name or any other company name similar in nature to this solicitation. This should include the name, the location, a brief description of Scope of Services, and a contact name and telephone number of a reference for each client. List litigation that your company has been a party to in the last five (5) years, under your current company name or any other company name.

Include only litigation that involves business units in your company that are submitted for performing services under this RFB.

(5) List all such litigation involving owners and/or general contractors. To be fully responsive, provide the level of detail in the attached example, as well as a name and phone number to contact an authorized representative of your company in the event that the BRA needs to clarify your response. Failure to be fully responsive will be sufficient grounds for the BRA to disqualify your company.

(6) Have you ever defaulted, failed to complete a contract or had a contract terminated by the other party? If so, where and why? Provide name and telephone number of the other party.

(7) Please provide the contact information including the email address of the person responsible for providing proof of insurance.

Tab B: Include the following:

(1) Complete and submit the attached Request for Bids – Bid Form

(2) Complete and submit the attached W-9 form, or if foreign entity submit the appropriate tax document information.

(3) Complete and submit the attached Conflicts of Interest Questionnaire [CIQ] form.

(4) Complete and submit the Non-Collusion Affidavit form.

(5) Complete and submit the Vendor Compliance to State Law form.

(6) HUB Subcontracting Plan.

(7) Bid Bond.

5. Hub Subcontracting Plan This solicitation requires a HUB Subcontracting Plan to be completed and submitted. The HUB Subcontracting Plan is attached to this solicitation. If you have any questions regarding the HUB Subcontracting Plan please contact Bryan Gray Purchasing Manager / HUB Coordinator at bryan.gray@Brazos.org.

6. Hub Subcontracting Plan Instructions (If Self Performing HUB and no Subcontractors) If you will not be subcontracting any portion of the contract and will be fulfilling the entire contract with your own resources (i.e., employees, supplies, materials and/or equipment), follow the instructions on the HUB Subcontracting Plan Checklist, first page of the HUB Plan included in this solicitation.

RFB No. 26-1373 PK MAIN OFFICE ROOFING AND SIDING PROJECT Page 7 of 11

Section 1 - Respondent and Requisition Information Section 2 a. - No, I will not be subcontracting any portion of the contract, and I will be fulfilling the entire contract with my own resources.

Section 3 - Self Performing Justification Section 4 – Affirmation (Remember to sign Section 4)

If you are subcontracting any work please follow the instructions on the HUB Subcontracting Plan Checklist, first page of the HUB Plan included in this solicitation.

As the BRA endeavors to make a good faith effort to utilize HUBs in contracting for this project, this project does not have a HUB goal.

7. Bid Bond Each Bid must be accompanied by Bid security deposit made payable to the BRA in an amount of 5% of the Bidder’s maximum Bid price. All bonds shall be issued by a surety authorized to conduct business in the State of Texas.

8. Performance, Payment and Warranty Bonds Awarded Respondent must provide performance and payment bonds and warranty bond for this contract. All bonds shall be issued by a surety authorized to conduct business in the State of Texas.

9. RFB Inquiries

All inquiries, including clarifying questions, related to this RFB shall only be directed to the Purchasing Agent via https://www.bidnetdirect.com/texas/brazosriverauthority The Purchasing Agent will direct any inquiries to the appropriate BRA staff, a response will be issued and if warranted, an Addendum will be posted on the BidNet Direct site. Failure to adhere to this restriction during the advertising, evaluation, and selection phases will result in the rejection of a Respondent’s Bid.

10. Respondent’s Past Performance BRA will consider Respondent’s past performance and may conduct reference checks with other entities regarding past performance. BRA may examine Respondent’s performance including, but not limited to: the Comptroller of Public Accounts Statewide Procurement Divisions Vendor Performance Tracking System, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, repeated negative performance, records of repeated non-responsiveness to performance issues, and non-renewals of contracts. Such sources of Respondent performance may include any governmental entity, whether an agency or political subdivision of the State of Texas, another state, or the Federal government. Further, BRA may initiate such examinations of Respondent performance based upon media reports. Any such investigations shall be at the sole discretion of BRA, and any negative findings, as determined by BRA, may result in non-award to Respondent.

11. Conflict of Interest Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local government entity (i.e., Brazos River Authority) must disclose in the Conflicts of Interest Questionnaire Form ("CIQ") the person's affiliation or business relationship that might cause a conflict of interest with the local government entity. By law, the CIQ must be filed with the BRA Records Management Officer no later than seven (7) days after the date the person begins contract discussions or negotiations with the BRA, or submits an application or response to a Request for Bids, correspondence, or another writing related to a potential agreement with the BRA. Updated Questionnaires must be filed in conformance with Chapter 176.

RFB No. 26-1373 PK MAIN OFFICE ROOFING AND SIDING PROJECT Page 8 of 11

A copy of the CIQ is attached. If you have any questions about compliance, please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 carries a penalty up to a Class A misdemeanor.

12. Term of Agreement The services of the PROVIDER shall commence on the Effective Date of this Contract and shall continue until the Work is completed.

13. Contract The contract will be awarded to the lowest responsible Respondent. The executed contract between BRA and the selected Respondent shall be a BRA standard form contract. Contract terms are not subject to modification and Respondent will be expected to execute the contract in substantially the form provided. Respondent should not base a bid on an expectation that BRA will modify its contract terms.

The BRA reserves the right to award contract(s) without any negotiations and reserves the right to not make awards. The BRA reserves the right to conduct studies and other investigations as necessary to evaluate any submittal. Submission of a bid confers no legal right upon any Respondent.

The decision of BRA, or its designee with regard to the above, shall be administratively final. BRA, in its sole discretion, may waive administrative deficiencies and/or minor technicalities in submittals received.

14. Insurance Requirements The Respondent shall, at Respondent’s sole expense, maintain insurance coverage as determined acceptable to the BRA. The Respondent must obtain the following minimum insurance requirements and provide proof to the BRA prior to entering into a contract:

General Liability Insurance:

Bodily Injury $ 1,000,000 per occurrence Property Damage $ 1,000,000 per occurrence Aggregate $ 2,000,000

Workers’ Compensation:

Statutory

Automobile Liability: $ 500,000 per claim / aggregate

Before beginning any work under this agreement, the Respondent is required to register with myCOItracking.com and upload documentation that meets the insurance requirements outlined in this agreement. Work WILL NOT commence until the certificate of insurance is approved as compliant. The Respondent must add registration@myCOItracking.com and certificaterequest@myCOIsolution.com to their safe sender list to ensure receipt of essential communications from myCOI.

If any issues arise during registration, please contact the myCOItracking support team at (317) 759-9426.

RFB No. 26-1373 PK MAIN OFFICE ROOFING AND SIDING PROJECT Page 9 of 11

15. Testing The BRA reserves the right to inspect and test the submitted product. The BRA in its sole Discretion may disqualify a submitted product as non-conforming to the specifications if the product does not meet the requirements of the specifications during testing.

16. Prevailing Minimum Wage Rate Determination In accordance with the provisions of Texas Government Code Chapter 2258, Respondents are advised that Respondent, and any Subcontractors, must pay the general prevailing wage rates for construction for each craft or type of worker or mechanic employed. A copy of the BRA’s prevailing wage rates for the locality in which the work under this RFB will be performed is attached. The penalty for any violation of these provisions shall be $60.00 per underpaid worker per day or portion thereof.

17. Recycled and Recyclable Products The BRA encourages the use of recycled products and products that may be recycled or reused.

18. Delivery of Bid Submittals Bids may be submitted in one of the following manners:

Electronic Transmission. Electronic Bids will be received on the following platform. BidNet Direct requires you to register at no charge.

Drop Box Submission Prior to Bid Submission Deadline: Hand delivery of one sealed, clearly identified original signed paper copy submission may be received up to the bid submission deadline contained in the solicitation at the Brazos River Authority, 4600 Cobbs Drive, Waco, TX. 76710, utilizing the secure drop box located at the office building. The BRA shall not be responsible for submissions that are not properly identified. Proper identification of Respondent’s bid is the sole responsibility of the Respondent and failure to do so may result in the submission not being included in the bid opening.

Mail-In Delivery: Mailed by commercial carrier, overnight or express mail, one sealed clearly identified original signed paper copy submission may be accepted by the Purchasing Agent or other designee up to the bid submission deadline contained in the solicitation at the Brazos River Authority, 4600 Cobbs Drive, Waco, Tx. 76710. The BRA shall not be responsible for submissions that are not properly identified. Proper identification of Respondent’s bid is the sole responsibility of the Respondent and failure to do so may result in the submission not being included in the bid opening.

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REQUEST FOR BIDS – BID FORM

All quantities are approximate and are intended solely for bid comparison purposes.

The BRA does not guarantee the accuracy of these estimates.

Bidders shall provide unit pricing for each item listed. In the event additional materials for work not identified in the items listed below, payment shall be based on the contractor’s submitted unit prices, or mutually agreed upon in writing through a change order.

Base Bid

Item Description Quantity Unit Cost per Unit Total Amount

1 Roof 8,500 Square

Foot

2 Rake Trim 500 Linear Foot

3 Siding 3,000 Square

Foot

4 Soffit 1,300 Square

Foot

5 Fascia 900 Linear Foot

6 Gutter 300 Linear Foot

7 Downspout 170 Linear Foot

8 Trim 1,700 Linear Foot

9 Performance Bond 1 Each $ $

10 Payment Bond 1 Each $ $

Demolition and removal of debris 1 Each $ $

CUMULATIVE BID

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ACKNOWLEDGMENT OF REQUEST FOR BIDS AND

RECEIPT OF ADDENDA

RESPONDENT MUST ACKNOWLEDGE RECEIPT OF THIS REQUEST FOR BIDS AND

ADDENDA BY SIGNING BELOW AND SUBMITTING THIS ACKNOWLEDGEMENT WITH

YOUR BID. FAILURE TO SIGN THIS ACKNOWLEDGEMENT WILL DISQUALIFY THE BID AS

NON-RESPONSIVE. SIGNATURE SHALL BE HANDWRITTEN.

This acknowledgement shall become part of your response and the subsequent contract documents if applicable.

ACKNOWLEDGMENT OF REQUEST FOR BIDS:

Respondent hereby acknowledges that it has received and read the Request for Bids and all Addenda, and that this Bid is made in accordance with the provisions thereof. Respondent acknowledges that this Bid meets or exceeds all terms, requirements, conditions, and/or specifications set forth in the Request for Bids and Addenda, and exceptions or deviations from such terms, requirements, conditions, and/or specifications, if any, have been clearly and conspicuously identified as such in the Bid.

Does your company have 10 or more full time employees? Check one box only.

YES NO

Name of Firm (Respondent)

Signature – Authorized Representative

Printed Name

Date

E-mail Address

Telephone

BRA MASTER – 00400A – BID BOND – February 2010 Page 1 of 2

00400 BID BOND

Surety Bond No.

STATE OF TEXAS §

KNOW ALL PERSONS BY THESE

PRESENTS:

COUNTY OF McLENNAN §

That we, _______________________________, as Principal, and ______________ , as Surety, are hereby held and firmly bound unto the Brazos River Authority, Waco, McLennan County, Texas, as Obligee, in the penal sum of _____________________ and No/100 ($________.00), for the Project defined below, for payment whereof the said Principal and Surety bind themselves, their heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

Whereas the Principal has executed an agreement with Obligee, dated ____________________, 20 , (“Agreement”) to construct the Design Build Project, Project CIP ID No. ____-_ ___, (the “Project”).

Whereas, the Agreement allows the Work to be performed in incremental components of the Work (each, individually, a “Work Component”) with the scope of Work and a Guaranteed Maximum Price to be established for each such Work Component through an Work Authorization Amendment to the Agreement, and further requires the Principal to provide Performance and Payment Bonds in the amount of 100% of each such Guaranteed Maximum Price within 10 days after the execution of the Work Authorization Amendment.

NOW THEREFORE, the condition of this obligation is such that, if the Principal executes a Work Authorization Amendment with a Guaranteed Maximum Price as those terms are defined in the Agreement and Contract Documents, but fails to, within the time and as required by the Agreement, give Performance and Payment Bonds for the Work Package GMP or, as applicable , increase the penal sums on the previously issued bonds to the total sum of all approved Guaranteed Maximum Prices under all approved Work Authorization Amendments to secure the performance of the terms and conditions of the Agreement, the Principal and Surety will pay unto the Obligee the penal sum of this Bond, however, if the Principal provides such Performance and Payment Bonds, then this obligation becomes void.

This bond is executed pursuant to Section 271.118(l) of the Texas Local Government Code and Chapter 2253, Texas Government Code as amended and all liabilities on this bond will be determined in accordance with provisions of Chapter 2253 as if it were entirely copied herein.

IN WITNESS WHEREOF, the above named parties have executed this instrument under their several seals this ___________ day of ____________________________ in the year ______, the name and corporate seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative pursuant to authority of its governing body.

(SEAL)

Principal

ATTEST:

By: By:

(Typed Name and Title) (Typed Name and Title)

(SEAL)

Surety

ATTEST:

By: By:

(Typed Name and Title) (Typed Name and Title)

BRA MASTER – 00400A – BID BOND – February 2010 Page 2 of 2

Name and address of the Resident Agent of Surety:

Note: Bond must be issued by a solvent Surety company authorized to do business in Texas, and must meet any other requirements established by law or by oblige pursuant to applicable law. A copy of Surety agent’s Power of Attorney must be attached hereto.

END of SECTION

BRA MASTER – 01575- Payment Bond 00620-1

NOTE TO SPECIFIER – POSSUM KINGDOM MAIN OFFICE ROOFING AND SIDING PROJECT

00620 PAYMENT BOND

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

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

OWNER (Name and Address):

Brazos River Authority 4600 Cobbs Drive Waco, Texas 76710

CONTRACT

Date: _____________________ Amount: $____________________________ Description: Brazos River Authority – POSSUM KINGDOM MAIN OFFICE ROOFING AND SIDING PROJECT

BOND

Date (Not earlier than Contract Date): _________________________________ Amount: $____________________________ Modifications to this Bond Form: _____________________________________

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

CONTRACTOR AS PRINCIPAL SURETY

Company: ___________________________,(Corp. Seal) Company: ____________, (Corp. Seal)

Signature: Signature:

Name and Title: Name and Title:

(Attach Power of Attorney)

(Space is provided below for signatures of additional parties, if required.)

CONTRACTOR AS PRINCIPAL SURETY

Company: ____________, (Corp. Seal) Company: ____________, (Corp. Seal)

Signature: Signature:

Name and Title: __________________________ Name and Title: ___________________

BRA MASTER – 01575- Payment Bond 00620-2

EJCDC No. 1910-28-B (1996 Edition)Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors.

Payment Bond 00620-3

1. The CONTRACTOR and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the OWNER to pay for labor, materials and equipment furnished for use in the performance of the Contract, which is incorporated herein by reference.

2. With respect to the OWNER, this obligation shall be null and void if the CONTRACTOR:

2.1. Promptly makes payment, directly or indirectly, for

all sums due Claimants, and

2.2. Defends, indemnifies and holds harmless the

OWNER from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Contract, provided the OWNER has promptly notified the CONTRACTOR and the Surety (at the addresses described in paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the CONTRACTOR and the Surety, and provided there is no OWNER Default.

3. With respect to Claimants, this obligation shall be null and void if the CONTRACTOR promptly makes payment, directly or indirectly, for all sums due.

4. The Surety shall have no obligation to Claimants under this Bond until:

4.1. Claimants who are employed by or have a direct

contract with the CONTRACTOR have given notice to the Surety (at the addresses described in paragraph 12) and sent a copy, or notice thereof, to the OWNER, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim.

4.2. Claimants who do not have a direct contract with

the CONTRACTOR:

1. Have furnished written notice to the CONTRACTOR and sent a copy, or notice thereof, to the OWNER, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and

2. Have either received a rejection in whole or in part from the CONTRACTOR, or not received within 30 days of furnishing the above notice any communication from the CONTRACTOR by which the CONTRACTOR had indicated the claim will be paid directly or indirectly; and

3. Not having been paid within the above 30 days, have sent a written notice to the Surety and sent a copy, or notice thereof, to the OWNER, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the CONTRACTOR.

5. If a notice required by paragraph 4 is given by the OWNER to the CONTRACTOR or to the Surety, that is sufficient compliance.

6. When the Claimant has satisfied the conditions of paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions:

6.1. Send an answer to the Claimant, with a copy to the

OWNER, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed.

6.2. Pay or arrange for payment of any undisputed

amounts.

7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety.

8. Amounts owed by the OWNER to the CONTRACTOR under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any Performance Bond. By the CONTRACTOR furnishing and the OWNER accepting this Bond, they agree that all funds earned by the CONTRACTOR in the performance of the Contract are dedicated to satisfy obligations of the CONTRACTOR and the Surety under this Bond, subject to the OWNER's priority to use the funds for the completion of the Work.

9. The Surety shall not be liable to the OWNER, Claimants or others for obligations of the CONTRACTOR that are unrelated to the Contract. The OWNER shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond.

10. The Surety hereby waives notice of any change, including changes of time, to the Contract or to related Subcontracts, purchase orders and other obligations.

11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by paragraph 4.1 or paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.

12. Notice to the Surety, the OWNER or the CONTRACTOR shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of

Payment Bond 00620-4 notice by Surety, the OWNER or the CONTRACTOR, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page.

13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is, that this Bond shall be construed as a statutory Bond and not as a common law bond.

14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, the CONTRACTOR shall promptly furnish a copy of this Bond or shall permit a copy to be made.

15. DEFINITIONS

15.1. Claimant: An individual or entity having a direct

contract with the CONTRACTOR or with a Subcontractor of the CONTRACTOR to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of the CONTRACTOR and the CONTRACTOR'S Subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished.

15.2. Contract: The agreement between the OWNER

and the CONTRACTOR identified on the signature page, including all Contract Documents and changes thereto.

15.3. OWNER Default: Failure of the OWNER, which

has neither been remedied nor waived, to pay the CONTRACTOR as required by the Contract or to perform and complete or comply with the other terms thereof.

END OF SECTION

BRA MASTER – 00610A – Performance Bond Page 1 of 2

00610 PERFORMANCE BOND

STATE OF TEXAS Bond No. ________________________

COUNTY OF _______________________ C.I.P. ID No. _____________________

Project Name __________________________________________________________________

Know All Men By These Presents: That _____________________________________________ of the City of _________________________, County of ____________________________, and State of ________________________________, as Principal, and _____________________, a solvent company authorized under laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto The Brazos River Authority (OWNER), in the penal sum of____________________________________________________________________________ U.S. Dollars ($ ____________________U.S.) for payment whereof, well and truly to be made, said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents:

Conditions of this Bond are such that, whereas, Principal has entered into a certain written contract with OWNER, dated the ____________ day of ____________________, ________, which Agreement 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 said Principal shall faithfully perform said Agreement and shall in all respects duly and faithfully observe and perform all and singular covenants, conditions and agreements in and by said contract agreed and covenanted by Principal to be observed and performed, and according to true intent and meaning of said Agreement hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect. If OWNER notifies Principal and Surety the OWNER is considering declaring Principal in default, Surety agrees to meet with OWNER and Principal no later than fifteen days after receipt of such notice to discuss methods of performing the Work of the Contract.

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

Surety, for value received, stipulates and agrees that no change in Contract Time or Contract Amount shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change in Contract Time or Contract Amount.

In witness whereof, said Principal and Surety have signed and sealed this instrument this _____________________________day of _________________________, ________.

Principal Surety

By________________________ By_____________________________ Title______________________ Title____________________________ Address___________________ Address_________________________

Telephone_______Fax____________ Telephone_______Fax____________

E-Mail Address __________________ E-Mail Address __________________

BRA MASTER – 00610A – Performance Bond Page 2 of 2

Name and address of Resident Agent of Surety:

Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER pursuant to applicable law.

A copy of surety agent's "Power of Attorney" must be attached hereto.

END of SECTION

WARRANTY BOND

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

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

BUYER:

AGREEMENT

Date: _______________ Amount: $____________________ Description:________________________________________________________________________________

BOND

Date:_____________________________ Amount (10% of the original Contract Price): $_____________________________ Modifications to this Bond Form: ______________________________________________________________

Surety and VENDOR, intending to be legally bound hereby, subject to the terms printed herein, do each cause this Warranty Bond to be duly executed on its behalf by its authorized officer, agent or representative.

VENDOR AS PRINCIPAL SURETY

Company: (Corp. Seal) Company: Corp. Seal)

Signature: Signature:

Name and Title: _______________________________ Name and Title:_________________________

(Space is provided below for signatures of additional parties, if required.)

VENDOR AS PRINCIPAL SURETY

Company: (Corp. Seal) Company: Corp. Seal)

Signature: Signature:

Name and Title: _______________________________ Name and Title:_________________________

1. The VENDOR and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the BUYER for the performance of all warranty obligations in the Agreement, including payment of claims, subcontractors, suppliers and mechanics, as a condition of release of the Performance Bond and Payment Bond with respect to the Project by BUYER. The following terms and conditions shall apply with respect to this Bond:

1.1 The Agreement, including any Exhibits and

amendments thereto, is incorporated herein by reference.

1.2 Surety’s obligations under this Bond shall

include the VENDOR’s obligation to pay its subcontractors, suppliers and mechanics for warranty-related work or supply.

1.3 Surety’s obligations under this Bond shall

include without limitation the VENDOR’s obligation design, fabricate, deliver, and warrant the Engineered Product.

1.4 The guarantees contained herein shall

survive the final completion of the design and construction called for in the Agreement.

1.5 As a part of the obligation secured hereby

and in addition to the face amount specified, costs and reasonable expenses and fees, including reasonable attorneys’ fees incurred by BUYER in successfully enforcing the obligation, shall be included.

2. If the VENDOR shall promptly and faithfully perform all of its warranty obligations for the work specified in the Agreement Documents, as they may be amended or supplemented, including, without limitation, the fulfillment of all specified warranties for such work and payment of claims, subcontractors, suppliers and mechanics, then the Surety and the VENDOR have no obligation under this Bond, except to participate in conferences as provided in paragraph 3.1. Otherwise this obligation shall remain in full force and effect.

3. If there is no BUYER Default, the Surety's obligation under this Bond shall arise whenever the following actions are undertaken by the BUYER:

3.1. The BUYER notifies the VENDOR and the

Surety at the addresses described in paragraph 9 below, that the BUYER is considering declaring a VENDOR Default and requests a conference with the VENDOR and the Surety be held not later than fifteen days after receipt of such notice to discuss methods of performing the warranty obligations under the Agreement. If the BUYER, the VENDOR and the Surety agree, the VENDOR shall be allowed a reasonable time to perform the warranty work, but such an agreement shall not waive the BUYER's right, if any, subsequently to declare a VENDOR Default.

3.2. The BUYER has declared a VENDOR

Default and formally terminated the VENDOR's right to complete the warranty obligations…