Lavaca County Road 1 Project Manual.pdf

LAVACA COUNTY

TEXAS

INVITATION TO BID, CONSTRUCTION CONTRACT AND SPECIFICATIONS

FOR:

COUNTY ROAD 1 IMPROVEMENT PROJECT

GLO CDBG MIT

CONTRACT 24-065-129-E987

Prepared by

Firm Number F-761

10350 Richmond Avenue, Suite 300

Houston, Texas 77042

Ph. 281-496-0066 Fax 281-496-0220

May 2026

HZI Job No. R315918.01

05/01/2026

5/1/2026 COUNTY ROAD 1 IMPROVEMENT PROJECT – LAVACA COUNTY HUITT-ZOLLARS

HZI JOB NO. R315918.01

Table of Contents

1. Advertisement & Invitation to Bid

2. Instruction to Bidders and Bid Schedule

3. Equal Opportunity Guidelines for Construction Contractors

4. Construction Contract

i. [Insert: HUD 4010 PDF into Construction Contract]

5. General Conditions

6. Contractor’s Local Opportunity Plan

i. Proposed Contract’s Breakdown

7. Grant Recipient’s Executed Section 3 Policy & Resolution

8. Statement of Bidder’s Qualifications

9. Section 3 Preference in Contracting

10. Contractor’s Certification Regarding Civil Rights

11. Contractor’s Certification Concerning Labor Standards and Prevailing Wage Requirements

12. Wage Rates

13. Non-Collusion Affidavit of Prime Bidder

14. Bonds

15. Attorney Review Certification

16. Certification Regarding Lobbying

17. Additional Contract Provisions & Federal Requirements

18. No Boycott Israel - Notarized Form

19. Lone Star Infrastructure Protection Act, Texas SB 19, and Texas SB 13 Verification Form

20. Policy of Non-Discrimination on the basis of Disability Form

21. 1295 Form

22. Conflict of Interest Form

23. SAM.gov Registration Instructions & Checklist

24. Change Order Form

25. Attorney’s Review Certification

26. Technical Specifications

All contractors and subcontractors, must not be suspended or debarred with the System for Award Management (www.SAM.gov) prior to any formal action authorizing the award of a contract to the contractor (examples of formal action include but are not limited to, authorizing resolution, authorizing ordinance, Council/Commissioners Court approval of award, contract execution, etc.).

Construction Advertisement and Invitation for Bids

Lavaca County will receive sealed bids for Lavaca County Road 01 Roadway Improvements (GLO CDBG-MIT Contract 24-065-

129-E987) until 10:00 AM local time on Friday, May 29, 2026, at the Office of the County Auditor located at 109 North LaGrange

Street, Hallettsville, Texas 77964. The bids will be publicly opened and read aloud at 10:00 AM local time on Friday, May 29, 2026, at the Office of the County Auditor located at 109 North LaGrange Street, Hallettsville, Texas 77964.

Bids are invited for several items and quantities of work as follows:

1. The reclamation of 10,337 LF of roadway including:

2. Pulverization of existing roadway and base material to a depth of 8 inches

3. Cement treatment of reclaimed base/roadway

4. 2 course surface treatment overtop reclaimed roadway.

*Due to this project being Grant Funded, project limits are subject change prior to construction based on unit prices received in order to maximize the overall roadway rehabilitation the County will receive.

Bid/Contract Documents, including Drawings and Technical Specifications are on file at the office of the Huitt-Zollars at 10350

Richmond Avenue, Suite 300, Houston, Texas 77042. ONE Copy of the Bid/Contract Documents can be picked up free or charge at

Huitt-Zollars Inc. An electronic copy of the plans and specifications on a flash drive can also be picked up free of charge at 109 N.

LaGrange Street, Hallettsville Texas. A pre-bid conference for bidders and Engineer will be held at the Court Room office located at

109 N. LaGrange Street, Hallettsville Texas on Friday, May 22, 2026, at 10:00 AM Local Time. The pre-bid conference is not mandatory.

A bid bond in the amount of 5 percent of the bid issued by an acceptable surety shall be submitted with each bid [for those contracts that exceed $100,000]. A certified check or bank draft payable to the Lavaca County or negotiable U.S. Government Bonds (as par value) may be submitted in lieu of the Bid Bond.

Attention is called to the fact that not less than the federally determined prevailing (Davis-Bacon and Related Acts) wage rate, as issued by the Department of Labor and contained in the contract documents, must be paid on this project. In addition, the successful bidder must ensure that employees and applicants for employment are not discriminated against because of race, color, religion, sex, sexual identity, gender identity, or national origin.

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

County for a period not to exceed 60 days from the date of the bid opening for the purpose of reviewing the bids and investigating the bidder’s qualifications prior to the contract award.

All contractors/subcontractors must not be debarred, suspended or otherwise excluded from or ineligible for participation in the

System for Award Management (SAM.gov). An Active SAM Registration through SAM.gov is required to be considered eligible to work on this project.

INSTRUCTION TO BIDDERS FOR CONSTRUCTION

1. Use of Separate Bid Forms

These contract documents include a complete set of bid and contract forms which are for the convenience of the bidders and are not to be detached from the contract document, completed or executed. Separate bid forms are provided for your use.

2. Interpretations or Addenda

No oral interpretations will be made to any bidder. Each request for clarification shall be made in writing to the

Grant Recipient or engineer no less than seven (7) days prior to the bid opening. Each interpretation made will be in the form of an Addendum to the contract documents and will be distributed to all parties holding contract documents no less than seven (7) days prior to the bid opening. It is, however, the bidder's responsibility to make an inquiry as to any addenda issued. All such addenda shall become part of the contract documents, and all bidders shall be bound by such addenda, whether or not received by the bidders.

If an addendum to the bid package is necessary, it must be distributed to each potential bidder. The distribution of an addendum shall be verified either by statements of receipt or registered/certified mail receipts, which shall be included in the public works construction file. The addendum shall allow adequate time for consideration in bid preparation (usually at least one week). If adequate time is not available, the bid opening date must be extended, and the Grant Recipient must republish the invitation for bids containing the place, time, and date for the new bid opening. Note that any change to the original bid opening date will require republication of the invitation for bids at least once in a locally published newspaper. The republished notice will include the place, time and date for the new bid opening and must be published at least seven days prior to the new bid opening date.

3. Inspection of Site and Pre-Bid Meeting Information

Each bidder should visit the site of the proposed work and should become acquainted with the existing conditions and facilities, the difficulties and restrictions pertaining to the performance of the contract. The bidder should thoroughly examine and become familiar with the drawings, technical specifications and all other contract documents. The contractor by the execution of the contract shall in no way be relieved of any obligation under it due to failure to receive or examine any form or legal document or to visit the site or the conditions existing at the site. The City/County will be justified in rejecting any claim based on lack of inspection of the site prior to the bid.

A non-mandatory Pre-Bid Meeting will be held at the Lavaca County Courthouse located at 109 North

LaGrange Street, Hallettsville, Texas 7796 on Friday, May 22nd, 2026 at 10:00 AM local time.

4. Alternate bid items

No alternate bids or bid items will be considered unless they are specifically requested by the technical specifications.

5. Bids

a. All bids must be submitted on the forms provided and are subject to all requirements of the Contract

Documents, including the Drawings.

b. All bids must be regular in every respect and no interlineation, excisions or special conditions may be made or included by the bidder.

c. Bid documents, including but not limited to the bid, the bid bond(s), the contractor’s certifications, local opportunity plan, and the statement of the bidder’s qualifications, shall be sealed in an envelope and clearly labeled with the words "Bid Documents”, the project number, name of bidder and the date and time of bid opening.

d. The City / County may consider as irregular any bid on which there is an alteration of or departure from the bid form and, at its option, may reject any irregular bid.

e. If a contract is awarded, it will be awarded to a responsible bidder on the basis of the lowest/best bid and the selected alternate bid items, if any. The contract will require the completion of the work in accordance with the contract documents.

6. Bid Modifications Prior to Bid Opening

a. Any bidder may modify its bid by submitting a modification or supplemental bid at any time prior to the scheduled closing time for receipt of bids, provided such modification or supplemental bid is received by the locality prior to the closing time. The modification or supplemental bid should not reveal the original bid price but should provide only the addition, subtractions or other modifications to the original bid so that the final prices or terms will not be known by the locality until the sealed bid is open.

7. Bid Bond

a. A bid bond in the amount of 5% of the bid issued by an acceptable surety shall be submitted with each bid [for contracts greater than $100, 000]. A certified check or bank draft payable to the locality or negotiable U.S. Government Bonds (as par value) may be submitted in lieu of the Bid Bond.

b. The bid bond or its comparable will be returned to the bidder as soon as practical after the opening of the bids.

8. Statement of Bidders Qualifications and References

Each bidder shall submit on the form furnished for that purpose a statement of the bidder's qualifications. The

Grant Recipient shall have the right to take such steps as it deems necessary to determine the ability of the bidder to perform its obligations under the contract, and the bidder shall furnish the Grant Recipient all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available data does not satisfy the Grant Recipient that the bidder is qualified to carry out properly the terms of the contract.

Reference: Contractor shall be able to provide reference as soon as requested by the engineer. The reference document shall include a list of two (2) similar projects, with the location and cost of the project. Also include four (4) references, two (2) references shall be related or similar to the work performed on this project. Include full name, company name, telephone number, and email address.

9. Unit Price

The unit price for each of the several items in the bid shall include its pro rata share of overhead so that the sum of the products obtained by multiplying the quantity shown for each item by the unit price bid represents the total bid. Any bid not conforming to this requirement may be rejected as informal. Special attention is drawn to this condition, as the unit prices will be used to determine the amount of any change orders resulting from an increase or decrease in quantities.

10. Corrections

Erasures or other corrections in the bid must be noted over the signature of the bidder.

11. Time for Receiving Bids

Bids received prior to the advertised hour of opening shall be kept securely sealed. The officer appointed to open the bids shall decide when the specified time has arrived and no bid received thereafter will be considered; except that when a bid arrives by mail after the time fixed for opening, but before the reading of all other bids is completed, and it is shown to the satisfaction of the Grant Recipient that the late arrival of the bid was solely due to delay in the mail for which the bidder was not responsible, such bid will be received and considered.

12. Opening of Bids

The City/County shall, at the time and place fixed for the opening of bids, open each bid and publicly read it aloud, irrespective of any irregularities therein. Bidders and other interested individuals may be present.

13. Withdrawal of Bids

Bidder may withdraw the bid before the time fixed for the opening of bids, by communicating its purpose in writing to the Grant Recipient. Upon receipt of such notice, the unopened bid will be returned to the bidder. The bid guaranty of any bidder withdrawing his bid will be returned promptly.

14. Award of Contract/Rejection of Bids

a. The contract will be awarded to the responsive, responsible Bidder submitting the lowest/best bid.

The bidder selected will be notified at the earliest possible date. The locality reserves the right to reject any or all bids and to waive any informality in bids received where such rejection or waiver is in its interest.

b. The Grant Recipient reserves the right to consider as unqualified to do the work any bidder who does not habitually perform with his own forces the major portions of the work involved in construction of the improvements embraced in this contract.

15. Execution of Agreement/Performance and Payment Bonds

a. Performance Bonds - Requires all prime contractors which enter into a formal contract in excess of $100,000 with the State, a county, or a municipality; a department, board, or agency of the state, a county, or a municipality; and a school district or a subdivision thereof, to obtain a Performance

Bond in the amount of the contract before commencing with work

b. Payment Bonds- Requires all prime contractors which enter into a formal contract with the State, a county, or a municipality; a department, board, or agency of the state, a county, or a municipality;

and a school district or a subdivision thereof, to furnish to the governmental entity a payment bond in the amount of the contract. The payment bond must be filed within 30 days from the date of the

Notice of Award:

o Municipalities: If the contract is in excess of $50,000, a payment bond is required.

o Counties: If the contract is in excess of $25,000, a payment bond is required.

c. The failure of the successful bidder to execute the agreement and supply the required bonds within thirty (30) days from the date of the notice of award-or within such extended period as the locality may grant, shall constitute a default and the locality may, at its option, either award the contract to the next lowest responsible bidder, or re-advertise for bids. In either case, the locality may charge against the bidder the difference between the amount of the bid, and the amount for which a contract is subsequently executed irrespective of whether this difference exceeds the amount of the bid bond. If a more favorable bid is received through re-advertisement, the defaulting bidder shall have no claim against the locality for a refund.

16. Wages and Salaries

Attention is particularly called to the requirement of paying not less than the prevailing Davis Bacon Related Acts

(DBRA) wage rates specified in the Contract Documents. These rates are minimums to be paid during the life of the contract. It is therefore the responsibility of the Bidder to inform themselves as to local labor conditions.

17. Equal Employment Opportunity

Attention is called to the requirements for ensuring that employees and applicants for employment are not discriminated against because of race, color, religion, sex, sexual identity, gender identity, or national origin, and other civil rights requirements.

18. Certification Regarding Lobbying

Contractors who apply or bid for an award of $100,000 or more shall provide the required certification that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer of employee of any agency, a member of Congress, officer or employee of

Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 USC § 1352.

PROPOSAL AND BID SCHEDULE FORM

For furnishing necessary plant, labor, material, equipment, incidentals, and operations, and performing necessary work required for the County Road 1 Improvement Project in Lavaca County, Texas.

FOR

Lavaca County, Texas

Lavaca County c\o Huitt-Zollars, Inc.

10350 Richmond Ave., Suite 300

Houston, Texas 77042

Gentlemen:

The undersigned, as bidder, declares that he has carefully examined the Instructions to Bidders, Drawings, and

Specifications, Supplementary Conditions and has carefully examined the locations, conditions, and classes of materials of the proposed work, and agrees that he will provide all necessary machinery, tools, apparatus, services, and other means of construction, and will do all the work and furnish all the materials called for in the

Contract Documents in the manner prescribed therein and according to the requirements of the Owner as therein set forth, for the unit price amounts according to the accompanying bid schedule, which becomes part of this proposal.

If, for any bid item, there is a conflict between unit price written in words and unit price in figures, or between unit price and item total price, unit price written in words will govern.

It is understood that the Owner reserves the right to award any combination of the bid items included in the Bid

Schedule.

It is understood and agreed that the work is to be complete and ready for within 60 calendar days after the date on which written notice to commence work is received, including additive alternatives selected by Owner.

It is understood that final payment and remaining retained percentage will not become due until acceptance of the work by Lavaca County, Huitt-Zollars, Inc., and the Texas General Grant Land Office.

It is understood that the Owner reserves the right to reject any or all bids, or to accept any bid considered advantageous.

The undersigned certifies that the bid amounts contained in the Proposal have been carefully checked and are submitted as correct and final, and these amounts will remain firm for 90 days following submittal.

Contractor Witness

Seal By _________________________________________

(If Bidder is a Corporation)

Date _______________________________________

Title _______________________________________

Street Address ________________________________

Secretary of Corporation City, State, and Zip Code

Telephone Number

Acknowledge receipt of Addenda below:

Date Received

Addendum No.

BID SCHEDULE

Item Approx. Meas. TXDOT Item Description with Unit Unit Total No. Quant. Unit Spec Bid Price Written in Words Price Bid

HZI JOB NO. R315918.01

SECTION A - PREPARATION ITEMS

01 1 LS N/A

Site preparation shall be considered incidental to the various items and no separate payment will be made for site preparation, Complete In Place, the sum of;

________Zero______________ Dollars and ____Zero_______________ Cents per Lump Sum

$ __0.00___ $ __0.00___

02 1 LS

Item

Job Mobilization In Accordance with TXDOT

Item 500, Performance and Maintenance

Bond, and Payment, Bond Per Job, Complete In Place, Maximum 5% of Project

Total, the sum of;

__________________________ Dollars and _______________________ Cents

03 1 LS N/A

Job complying with TCEQ and Best Management Practices for Small Construction Projects. Storm Water Pollution Prevention Plan and Filing NOI/NOT are Required for this Project, Complete In Place, the sum of;

__________________________ Dollars and _______________________ Cents

04 2 EA N/A

GLO Project Sign as per detail, including installation and removal, Complete In Place, the sum of;

__________________________ Dollars and _______________________ Cents per Each

SECTION A - PREPARATION ITEMS SUBTOTAL $ _____________________

No. Quant. Unit Spec Bid Price Written in Words Price Bid

HZI JOB NO. R315918.01

SECTION B - TRAFFIC CONTROL PLAN ITEMS

05 7 DAY Item

The installation and removal of TWO (2) Portable Changeable Message Signs the week prior to beginning Construction, Complete In Place, the sum of;

__________________________Dollars and ______________________ Cents per Day

06 1 LS

and

Traffic control plan including barricades, signs, and traffic handling including flaggers for the duration of construction, Complete In Place, the sum of;

_________________________ Dollars and ______________________ Cents

SECTION B - TRAFFIC CONTROL PLAN ITEMS SUBTOTAL $ _____________________

No. Quant. Unit Spec Bid Price Written in Words Price Bid

HZI JOB NO. R315918.01

SECTION C - ROADWAY IMPROVEMENT ITEMS

07 22,972 SY

Item

Cement treatment at a rate of 8% by dry unit weight (Road-Mixed) of existing base

(8-inch minimum) including pulverization of existing roadway surface, manipulation, grading, mixing, compaction, and curing, Complete In Place, the sum of;

_________________________ Dollars and ______________________ Cents per Square Yard

08 431 TON

Cement, Complete In Place, the sum of;

_________________________ Dollars and ______________________ Cents per TON

09 5,743 GAL

MC-30 Prime Coat, Complete In Place, the sum of;

_________________________ Dollars and ______________________ Cents per Gallon

10 22,972 SY

2 course surface treatment consisting of AC-5 or AC-10 as binder and Type PB Grade 3 aggregate, and Type PB Grade 4 aggregate (see construction plans for application rates), Complete In Place, the sum of;

_________________________ Dollars and ______________________ Cents per Square Yard

11 900 CY

Type A Gr.

Crushed limestone for the correction of soft spots, and to correct low spots/potholes Complete In Place, the sum of;

_________________________ Dollars and ______________________ Cents per Cubic Yard

No. Quant. Unit Spec Bid Price Written in Words Price Bid

12 1 LS N/A

Cash allowance for Material Testing and other miscellaneous items

(miscellaneous items must be approved by Engineer, material testing is mandatory), Complete in Place, the sum of;

Twenty-Five Thousand Dollars and Zero Cents per Lump Sum (Contractor/Bidder may NOT adjust cash allowance amount)

$25,000.00 $25,000.00

SUMMARY OF BID

SECTION A - PREPARATION ITEMS SUBTOTAL $ ____________________________

SECTION B - TRAFFIC CONTROL PLAN ITEMS SUBTOTAL $ ____________________________

SECTION C - ROADWAY IMPROVEMENT ITEMS SUBTOTAL $ ____________________________

BID GRAND TOTAL (SECTIONS A+B+C) $ ____________________________

TOTAL BID PRICE: $_______________________________________________________________________ (Add totals for Preparation Items, Traffic Control Plan Items, and Roadway Improvement Items)

It is understood and agreed that the work is to be complete and ready for within 60 calendar days after the date on which written notice to commence work is received, including additive alternatives selected by Owner.

SIGNATURES: By signing this Document, I agree that I have received and reviewed all Addenda and considered all costs associated with the Addenda in calculating the Total Bid Price.

Bidder: ____________________________________________________________________ (Print or type full name of your proprietorship, partnership, corporation, or joint venture.*)

**By: ____________________________________________________________________ Signature Date

Name: ____________________________________________________________________ (Print or type name) Title

Address: ____________________________________________________________________ (Mailing)

(Street, if different)

Telephone and Fax Number: __________________________________________________ (Print or type numbers)

* If Bid is a joint venture, add additional Bid Form signature sheets for each member of the joint venture.

** Bidder certifies that the only person or parties interested in this offer as principals are those named above. Bidder has not only directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding.

Note: This document constitutes a government record, as defined by § 37.01 of the Texas Penal

Code. Submission of a false government record is punishable as provided in § 37.10 of the

Texas Penal Code

Equal Opportunity Guidelines for Construction Contractors Note: To be included in bid packet and distributed at the preconstruction conference (optional)

1. What are the responsibilities of the offeror or bidder to ensure equal employment opportunity?

For contracts over $ 10,000, the offeror or bidder must comply with the "Equal Opportunity Clause" and the

"Standard Federal Equal Opportunity Construction Contract Specifications."

2. Are construction contractors required to ensure a legal working environment for all employees?

Yes, it is the construction contractor's responsibility to provide an environment free of harassment, intimidation, and coercion to all employees and to notify all foremen and supervisors to carry out this obligation, with specific attention to minority or female individuals.

3. To alleviate developing separate facilities for men and women on all sites, can a construction contractor place all women employees on one site?

No, two or more women should be assigned to each site when possible.

4. Are construction contractors required to make special outreach efforts to Section 3 or minority and female recruitment sources?

Yes, construction contractors must establish a current list of Section 3, minority and female recruitment sources. Notification of employment opportunities, including the availability of on-the-job training and apprenticeship programs, should be given to these sources. The efforts of the construction contractors should be kept in file.

5. Should records be maintained on the number of Section 3 residents, minority and females applying for positions with construction contractors?

Yes, records must be maintained to include a current list of names, addresses and telephone numbers of all Section 3, minority and female applicants. The documentation should also include the results of the applications submitted.

6. What happens if a woman or minority is sent to the union by the Contractor and is not referred back to the Contractor for employment?

If the unions impede the construction contractor's responsibility to provide equal employment opportunity, a written notice should be submitted to GLO.

7. What efforts are made by construction contractors to create entry-level positions for Section 3 residents, women and minorities?

Construction contractors are required to develop on-the-job training programs, or participate in training programs, especially those funded by the Department of Labor, to create positions for Section 3 residents, women and minorities and to meet employment needs.

8. Are any efforts made by the Contractor to publicize their Equal Employment Opportunity (EEO) policy?

Yes, the construction contractor is responsible for notifying unions and sources of training programs of their equal employment opportunity policy. Unions should be requested to cooperate in the effort of equal opportunity. The policy should be included in any appropriate manuals, or collective bargaining agreements. The construction contractor is encouraged to publicize the equal employment opportunity policy in the company newspaper and annual report. The Contractor is also responsible to include the EEO policy in all media advertisement.

9. Are any in-service training programs provided for staff to update the EEO policy?

At least annually a review of the EEO policy and the affirmative action obligations are required of all personnel employees of a decision-making status. A record of the meeting including date, time, location, persons present, subject matter discussed, and disposition of the subject matter should be maintained.

10. What recruitment efforts are made for Section 3 residents, minorities and women?

The construction contractor must notify both orally and in writing, Section 3, minority and female recruitment sources one month prior to the date of acceptance for apprenticeship or other training programs.

11. Are any measures taken to encourage promotions for minorities and women?

Yes, an annual evaluation should be conducted for all minority and female personnel to encourage these employees to seek higher positions.

12. What efforts are taken to ensure that personnel policies are in accordance with the EEO policy?

Personnel policies in regard to job practices, work assignments, etc. should be continually monitored to ensure that the EEO policy is carried out.

13. Can women be excluded from utilizing any facilities available to men?

No, all facilities and company activities are non-segregated except for bathrooms or changing facilities to ensure privacy.

14. What efforts should be utilized to include minority and female contractors and suppliers?

Take affirmative steps to ensure that small, minority, and women owned businesses are included on all lists for contractors/service providers. Solicit these businesses when issuing RFPs and RFQs and soliciting construction bids. Divide project activities into small tasks to allow participation. Keep records of all offers to minority and female construction contractors.

15. If a construction contractor participates in a business-related association that does not comply with equal opportunity affirmative action standards, does that show his/her failure to comply?

No, the construction contractor is responsible for its own compliance.

16. Can a construction contractor hire a subcontractor who has been debarred from government contracts pursuant to EEO?

No. The construction contractor must suspend, terminate or cancel its contract with any Subcontractor who is in violation of the EEO policy.

17. What effort has been taken by the construction contractor to monitor all employment to ensure the company EEO policy is being carried out?

The construction contractor must designate a responsible individual to keep accurate records of all employees that includes specific information required by the government.

CONSTRUCTION CONTRACT

THIS AGREEMENT made this the day of , , by and between

(a corporation organized and existing under the laws of the State of )

(a partnership consisting of ) (an individual trading as

) hereinafter called the “Contractor”, and Lavaca County hereinafter called the “City/County.”

WITNESSETH, that the Contractor and the City/County for the considerations stated herein mutually agree as follows:

ARTICLE 1. Statement of Work. The Contractor shall furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment and services, including utility and transportation services, and perform and complete all work required for the construction of the Improvements embraced in the Project; namely, County Road 1 Improvements for the

GLO Community Development Block Grant (CDBG) project, all in strict accordance with the contract documents including all addenda thereto, numbered , dated and , all as prepared by Huitt-Zollars, Inc. acting and in these contract documents preparation, referred to as the “Engineer”.

ARTICLE 2. The Contract Price. The City/County will pay the Contractor for the performance of the Contract in current funds, for the total quantities of work performed at the unit prices stipulated in the Bid for the several respective items of work completed subject to additions and deductions as provided in hereof.

Alternate Pricing Techniques: In the event the statutory provisions require the contract price to be a fixed sum, in the absence of an approved form, the following should be substituted for Article 2 above.

“ARTICLE 2. The Contract Price. The City/County will pay the Contractor for the performance of the Contract, in current funds, subject to additions and deductions as provided in Section 109 hereof, the sum of

Dollars ($ ).”

ARTICLE 3. The Contract. The executed contract documents shall consist of the following components:

a. This Agreement (pgs. 1-3)

b. Addenda

c. Invitation for Bids

d. Instructions to Bidders

e. Signed Copy of Bid

f. General Conditions, Part I

g. Special Conditions

h. Technical Specifications

i. Drawings (as listed in the Schedule of

Drawings)

j. GLO Required Documentation

ARTICLE 4. Performance. Work, in accordance with the Contract dated , 2026, shall commence on or before , 2026, and Contractor shall complete the WORK within consecutive calendar days thereafter. The date of completion of all WORK is therefore

, 2026.

LEFT BLANK (SEE NEXT PAGE)

This Agreement, together with other documents enumerated in this ARTICLE 3, which said other documents are as fully a part of the Contract as if hereto attached or herein repeated, forms the Contract between the parties hereto. In the event that any provision in any component part of this Contract conflicts with any provision of any other component part, the provision of the component part first enumerated in this ARTICLE 3 shall govern, except as otherwise specifically stated.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in triplicate original copies on the day and year first above written.

(The Contractor)

By

Title

(City/County)

By

Title

Corporate Certifications

I, , certify that I am the of the corporation named as

Contractor herein; that , who signed this Agreement on behalf of the Contractor, was then of said corporation; that said Agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers.

Corporate

Seal (Corporate Secretary)

GENERAL CONDITIONS - PART I

FOR CONSTRUCTION

1. Contract and Contract Documents

(a) The project to be constructed pursuant to this contract will be financed with assistance from the Texas General Land Office

(GLO) through the Community Development Block Grant program (CDBG) and is subject to all applicable Federal and

State laws and regulations.

(b) The Plans, Specifications and Addenda shall form part of this contract and the provisions thereof shall be binding upon the parties as if they were herein fully set forth.

2. Definitions

Whenever used in any of the Contract Documents, the following meanings shall be given to the terms here in defined:

(a) The term "Contract" means the Contract executed between the Lavaca County, hereinafter called the “City/County” and (Name of Construction Co.), hereinafter called “Contractor”, of which these GENERAL CONDITIONS, form a part.

(b) The term "Project Area" means the area within the specified Contract limits of the Improvements contemplated to be constructed in whole or in part under this contract.

(c) The term "Engineer" means Huitt-Zollars, Inc., Engineer in charge, serving the City/County with architectural or engineering services, his successor, or any other person or persons, employed by the City/County for the purpose of directing or having in charge the work embraced in this Contract.

(d) The term "Contract Documents" means and shall include the following: Executed Contract, Addenda (if any), Invitation for Bids, Instructions to Bidders, Signed Copy of Bid, General Conditions, Special Conditions, Technical

Specifications, and Drawings (as listed in the Schedule of Drawings).

3. Supervision by Contractor

(a) Except where the Contractor is an individual and personally supervises the work, the Contractor shall provide a competent superintendent, satisfactory to the Engineer, on the work at all times during working hours with full authority to act as Contractor’s agent. The Contractor shall also provide adequate staff for the proper coordination and expediting of his work.

(b) The Contractor shall be responsible for all work executed under the Contract. Contractor shall verify all figures and elevations before proceeding with the work and will be held responsible for any error resulting from his failure to do so.

4. Subcontracts

(a) The Contractor shall not execute an agreement with any subcontractor or permit any subcontractor to perform any work included in this contract until Contractor has verified the subcontractor is eligible to participate in federally funded contracts, which includes a UEID registration through SAM.gov.

(b) No proposed subcontractor shall be disapproved by the City/County except for cause.

(c) The Contractor shall be as fully responsible to the City/County for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them.

(d) Nothing contained in the Contract shall create any contractual relation between any subcontractor and the City/County.

5. Fitting and Coordination of Work

The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all trades, subcontractors, or material suppliers engaged upon this Contract.

6. Payments to Contractor

(a) Partial Payments

1) The Contractor shall prepare the requisition for partial payment as of the last day of the month and submit it, with the required number of copies, to the Engineer for approval. The amount of the payment due the Contractor shall be determined by adding to the total value of work completed to date, the value of materials properly stored on the site and deducting (1) ten percent (10%) of the total amount, to be retained until final payment, and (2) the amount of all previous payments. The total value of work completed to date shall be based on the estimated quantities of work completed and on the unit prices contained in the agreement. The value of materials properly stored on the site shall be based upon the estimated quantities of such materials and the invoice prices. Copies of all invoices shall be available for inspection of the Engineer.

2) Monthly or partial payments made by the City/County to the Contractor are advanced for the purpose of assisting the contractor to expedite the work of construction. The Contractor shall be responsible for the care and protection of all materials and work upon which payments have been made until final acceptance of such work and materials by the City/County. Such payments shall not constitute a waiver of the right of the City/County to require the fulfillment of all terms of the Contract and the delivery of all improvements embraced in this Contract complete and satisfactory to the City/County in all details.

(b) Final Payment

1) After final inspection and the acceptance by the City/County of all work under the Contract, the Contractor shall prepare the requisition for final payment which shall be based upon the careful inspection of each item of work at the applicable unit prices stipulated in the Contract. The total amount of the final payment due the Contractor under this Contract shall be the amount computed as described above less all previous payments.

2) Before paying the final estimate, City/County shall require the Contractor to furnish releases or receipts from all subcontractors having performed any work and all persons having supplied materials, equipment (installed on the

Project) and services to the Contractor. The City/County may make payment in part or in full to the Contractor without requiring the furnishing of such releases or receipts and any payments made shall in no way impair the obligations of any surety or sureties furnished under this Contract.

3) Any amount due the City/County under Liquidated Damages shall be deducted from the final payment due the contractor.

(c) Payments Subject to Submission of Certificates

Each payment to the Contractor by the City/County shall be made subject to submission by the Contractor of all written certifications required of it and its subcontractors.

(d) Withholding Payments

The City/County may withhold any payment due the Contractor as deemed necessary to protect the City/County, and if so elects, may also withhold any amounts due from the Contractor to any subcontractors or material dealers, for work performed or material furnished by them. The foregoing provisions shall be construed solely for the benefit of the

City/County and will not require the City/County to determine or adjust any claims or disputes between the Contractor and its subcontractors or material dealers, or to withhold any moneys for their protection unless the City/County elects to do so. The failure or refusal of the City/County to withhold any moneys from the Contractor shall in no way impair the obligations of any surety or sureties under any bond or bonds furnished under this Contract.

7. Changes in the Work

(a) The City/County may make changes in the scope of work required to be performed by the Contractor under the Contract without relieving or releasing the Contractor from any obligations under the Contract or any guarantee given pursuant to the Contract provisions, and without affecting the validity of the guaranty bonds, and without relieving or releasing the surety or sureties of said bonds. All such work shall be executed under the terms of the original Contract unless it is expressly provided otherwise. Additionally, all such change orders must be approved by CDBG prior to execution of same.

(b) Except for the purpose of affording protection against any emergency endangering health, life, limb or property, the

Contractor shall make no change in the materials used or in the specified manner of constructing and/or installing the improvements or supply additional labor, services or materials beyond that actually required for the execution of the

Contract, unless in pursuance of a written order from the City/County authorizing the Contractor to proceed with the change. No claim for an adjustment of the Contract Price will be valid unless so ordered.

(c) If applicable unit prices are contained in the Contract, the City/County may order the Contractor to proceed with desired unit prices specified in the Contract; provided that in case of a unit price contract the net value of all changes does not increase the original total amount of the agreement by more than twenty-five percent (25%) or decrease the original the total amount by eighteen percent (18%).

(d) Each change order shall include in its final form:

1) A detailed description of the change in the work.

2) The Contractor's proposal (if any) or a confirmed copy thereof.

3) A definite statement as to the resulting change in the contract price and/or time.

4) The statement that all work involved in the change shall be performed in accordance with contract requirements except as modified by the change order.

5) The procedures as outlined in this Section for a unit price contract also apply in any lump sum contract.

8. Claims for Extra Cost

(a) If the Contractor claims that any instructions by Drawings or otherwise involve extra cost or extension of time, he shall, within ten days after the receipt of such instructions, and in any event before proceeding to execute the work, submit his protest thereto in writing to the City/County, stating clearly and in detail the basis of his objections. No such claim will be considered unless so made.

(b) Claims for additional compensation for extra work, due to alleged errors in ground elevations, contour lines, or bench marks, will not be recognized unless accompanied by certified survey data, made prior to the time the original ground was disturbed, clearly showing that errors exist which resulted, or would result, in handling more material, or performing more work, than would be reasonably estimated from the Drawings and maps issued.

(c) Any discrepancies which may be discovered between actual conditions and those represented by the Drawings and maps shall be reported at once to the City/County and work shall not proceed except at the Contractor's risk, until written instructions have been received from the City/County.

(d) If, on the basis of the available evidence, the City/County determines that an adjustment of the Contract Price and/or time is justifiable, a change order shall be executed.

9. Termination, Delays, and Liquidated Damages

(a) Right of the City/County to Terminate Contract for Convenience

City/County may at any time and for any reason terminate Contractor’s services and work at City/County's convenience upon providing written notice to the Contractor specifying the extent of termination and the effective date. Upon receipt of such notice, Contractor shall, unless the notice directs otherwise, immediately discontinue the work and placing of orders for materials, facilities and supplies in connection with the performance of this Agreement.

Upon such termination, Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Agreement; plus, (2) such other costs actually incurred by Contractor as are permitted by the prime contract and approved by City/County; (3) plus ten percent (10%) of the cost of the work referred to in subparagraph (1) above for overhead and profit. There shall be deducted from such sums as provided in this subparagraph the amount of any payments made to Contractor prior to the date of the termination of this Agreement. Contractor shall not be entitled to any claim or claim of lien against City/County for any additional compensation or damages in the event of such termination and payment.

(b) Right of the City/County to Terminate Contract for Cause

In the event that any of the provisions of this contract are violated by the Contractor, or by any subcontractors, the

City/County may serve written notice upon the Contractor and the Surety of its intention to terminate the contract. The notices shall contain the reasons for such intention to terminate the contract, and unless such violation or delay shall cease and satisfactory arrangement of correction be made within ten days, the contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, the City/County shall immediately serve notice thereof upon the Surety and the Contractor. The Surety shall have the right to take over and perform the contract.

Provided, however, that if the Surety does not commence performance thereof within ten (10) days from the date of the mailing to such Surety of notice of termination, the City/County may take over the work and complete the project by bid/contract or by force account at the expense of the Contractor and his Surety shall be liable to the City/County for any excess cost incurred. In such event the City/County may take possession of and utilize in completing the work, such materials, appliances, and plant as may be on the site of the work and necessary therefore.

(c) Liquidated Damages for Delays.

If the work is not completed within the time stipulated in the applicable bid for Lump Sum or Unit Price Contract provided, the Contractor shall pay to the City/County as fixed, agreed, and liquidated damages (it being impossible to determine the actual damages occasioned by the delay) the amount of $500.00 for each calendar day of delay, until the work is completed. The Contractor and Contractor’s sureties shall be liable to the City/County for the amount thereof.

(d) Excusable Delays.

1) The right of the Contractor to proceed shall not be terminated nor shall the Contractor be charged with liquidated damages for any delays in the completion of the work due to:

2) Any acts of the Government, including controls or restrictions upon or requisitioning of materials, equipment, tools, or labor by reason of war, national defense, or any other national emergency;

3) Any acts of the City/County;

4) Causes not reasonably foreseeable by the parties to this Contract at the time of execution which are beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God, terrorism, war, acts of another Contractor in the performance of some other contract with the City/County, fires, floods, epidemics, quarantine, restrictions, strikes, freight embargoes, and weather of unusual severity such as hurricanes, tornadoes, cyclones and other extreme weather conditions.

5) Foreseeable Bad Weather Days: All claims for extension on time shall be made in writing to the Owner no more than ten (10) days after the occurrence of the delay or after the cause of the delay has become apparent; otherwise, they shall be considered waived. In the case of the continuing cause of the delay, only one claim is necessary. Any request for an extension of time shall be accompanied by a revised construction schedule which, if approved by the

Owner, shall become the Contractor's construction schedule.

When the Contractor is on the calendar day basis, no extension of time shall be allowed for the adverse weather conditions reasonably anticipated from historical weather data, and such weather conditions shall not be deemed a casualty beyond the Contractor’s control. The Contractor may be granted an extension of time because of unusual inclement weather which is beyond the normal weather recorded. Listed as follows are the mean number of days in which there occurred 0.10 inch or more of precipitation for Lavaca County Texas.

January 10 February 8 March 8 April 6

May 6 June 7 July 9 August 9

September 9 October 7 November 8 December 10

Rain days per month in amounts exceeding the number of days shown above may be credited as a “Rain Day” if a claim is made in accordance with the Contract Documents. A “Rain Day” is any day in which a rain event occurs at the site and is sufficient to prevent the Contractor from performing work critical to maintaining the project schedule.

6) Provided, however, that the Contractor promptly notifies the City/County within ten (10) days in writing of the cause of the delay. Upon receipt of such notification, the City/County shall ascertain the facts and the cause and extent of delay. If, upon the basis of the facts and the terms of this contract, the delay is properly excusable, the

City/County shall extend the time for completing the work for a period of time commensurate with the period of excusable delay.

10. Assignment or Novation

The Contractor shall not…