NOLAN ST OUTFALL

EMERGENCY REPAIR

City of Seguin, Texas Capital Projects & Engineering Department Project No. AF-2026-53

Texas Engineering Firm #470

NOLAN ST OUTFALL

EMERGENCY REPAIR

City of Seguin, Texas Capital Projects & Engineering Department Project No. AF-2026-53

NOLAN ST OUTFALL EMERGENCY REPAIR 6/2026

14054-00 TABLE OF CONTENTS PAPE-DAWSON

TABLE OF CONTENTS

A. Standard Form of Agreement

B. Addenda

C. Invitation for Bids

1. Bid Advertisement and Invitation to Bid

2. Bid Schedule

3. Request for Bids

D. Instructions to Bidders

E. Bid Form

1. Bid Form

2. Unit Prices Form

3. Proposed Subcontractors Form

4. Proposed Schedule of Values Form

F. General Conditions, Part I

Bid Bond

Performance Bond

Payment Bond

G. Special Conditions

1. Nondiscrimination Statement

2. Insurance Requirements

3. Statement of Bidder’s Qualifications

4. Contractor’s Certifications

5. Non-collusion Affidavit of Prime Bidder

6. Attorney’s Review Certification

7. Certification Regarding Lobbying

8. Disclosure of Lobbying Activities

9.Verification Required by Texas Government Code Chapter 2270

10. Section 504 Certification

11. Certificate of Interested Parties

12. Conflict of Interest Questionnaire

H. Technical Conditions

1. Governing Specifications

2. Special Specifications

I. List of Drawings

END OF SECTION

Standard Form of Agreement A - 1

STANDARD FORM OF AGREEMENT

STATE OF TEXAS §

COUNTY OF §

This Agreement is made and entered into as of the day of _, 2026 by and between the:

“OWNER” and “CONTRACTOR”

The City of Seguin [name of Contractor]

205 North River [address]

Seguin, TX 78155 [address]

Phone: (830) 379-3212 [phone phone]

Fax: (830) 401-2499 [fax number]

For the following Project:

Nolan Street Outfall Emergency Repair Project

The ENGINEER for the Project is:

Pape-Dawson Engineers, LLC

2000 NW Loop 410

San Antonio, Texas 78213

Phone: (210) 375-9000

Contact: Jake Powell, P.E.

A

Standard Form of Agreement A - 2

1.01 THE WORK OF THIS CONTRACT

A. Unless otherwise provided in these Contract Documents, the CONTRACTOR shall be responsible for performing or causing to be performed all Work including labor and materials, necessary to build, construct, erect and equip in accordance with the Contract Documents and at its own proper cost and expenses to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto.

1.02 CONTRACT TIME AND COMPLETION

A. The date of commencement of the Work shall be stated in a Notice to Proceed issued by the

OWNER.

B. Contract Time

1. The Contract Time shall be measured from the date of commencement.

2. Time is of the essence in all phases of the Work. It is specifically understood and agreed to by and between OWNER and CONTRACTOR that time is of the essence in the substantial completion of the Work, and that failure to substantially complete the Work within the designated period, or as it may be extended, shall be construed as a breach of this Agreement.

C. Substantial Completion

1. The CONTRACTOR shall achieve Substantial Completion of the entire Work not later than 90 calendar days from the date of commencement, subject to and adjustments of this Contract

Time as provided in the Contract Documents and Changer Orders modifying and extending this

Agreement.

D. Liquidated Damages

1. The CONTRACTOR acknowledges and recognizes that the OWNER is entitled to full and beneficial occupancy and use of the completed work following expiration of the Contract Time.

The CONTRACTOR further acknowledges and agrees that, if the CONTRACTOR fails to substantially, or cause the Substantial Completion of any portion of the Work within the Contract time, the OWNER will sustain actual damages as a result of such failure. The exact amount of such damages will be difficult to ascertain. Therefore, the OWNER and CONTRACTOR agree that, if the CONTRACTOR shall neglect, fail, or refuse to achieve substantial completion of the

Work by the Substantial Completion date, subject to proper extension granted by the OWNER, then the CONTRACTOR agrees to pay the OWNER the sum of:

Amount of Contract Amount of Liquidated

Damages per Day

Less than $500,000 $500.00

$500,000 to $750,000 $600.00

$750,000 to $1,000,000 $800.00

Over $1,000,000 $1,000.00 for each day in which such Work is not completed, not as penalty, but as liquidated damages, for the damages (“Liquidated Damages”) that would be suffered by OWNER as a result of

Standard Form of Agreement A - 3 delay for each and every calendar day that the CONTRACTOR shall have failed to have completed the Work as required herein. The Liquidated Damages shall be in lieu of any and all other damages which may be incurred by OWNER as a result of the failure of CONTRACTOR to complete within the Contract Time.

1.03 FINAL COMPLETION

A. Timely final completion is an essential condition of this contract. CONTRACTOR agrees to achieve final completion of the Work within 30 days of the designated or extended substantial completion date. The date of Substantial Completion shall be fixed by this Agreement, unless modified by

Change Order, and memorialized by a Certificate of Substantial Completion as provided in the

General Conditions to this Agreement.

B. Final Completion means actual completion of the Work, including any extras or Change Orders reasonably required or contemplated under the Contract Documents other than warranty work that may be required pursuant to the Contract Documents.

1.04 CONTRACT SUM

A. The OWNER shall pay the CONTRACTOR the Contract Sum in current funds for the

CONTRACTOR’s performance of the Contract. The Contract Sum shall be subject to additions and deductions as provided in the Contract Documents.

B. The Contract Sum is based upon the following alternates (Deductive and/or Additive), if any, which are described in the Contract Documents and are hereby accepted by the OWNER:

[No Alternates]

C. Unit prices, if any:

Shall be as shown in the Bid Form Section.

1.05 PAYMENT

A. APPLICATIONS FOR PAYMENT: Each Application for Payment shall be based on the most recent schedule of values submitted by the CONTRACTOR in accordance with the Contract Documents.

The schedule of values shall allocate the entire Contract Amount among the various portions of the

Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the ENGINEER and OWNER may require. This schedule, unless objected to by the ENGINEER or OWNER, shall be used as a basis for reviewing the CONTRACTOR’s

Applications for Payment.

B. Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment.

C. Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:

1. Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the

Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Five percent (5.00%). Pending final determination of cost to the OWNER of changes in the Work, amounts not in dispute shall be included;

Standard Form of Agreement A - 4

2. Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the OWNER, suitably stored off the site at a location agreed upon in writing), less retainage of Five percent (5.00 %);

3. Subtract the aggregate of previous payments made by the OWNER; and

4. Subtract amounts, if any, for which the ENGINEER has withheld or nullified a Certificate for Payment.

D. The progress payment amount determined in accordance with General Conditions 14.1 shall be further modified under the following circumstances:

1. Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the ENGINEER shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and

2. Add, if final completion of the Work is thereafter materially delayed through no fault of the

CONTRACTOR, any additional amounts payable.

E: Except with the OWNER’s prior approval, the CONTRACTOR shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site.

1.06 FINAL PAYMENT

A. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the

OWNER to the CONTRACTOR when

1. the CONTRACTOR has fully performed the Contract except for the CONTRACTOR’s responsibility to correct Work as provided the General Conditions, and to satisfy other requirements, if any, which extend beyond final payment; and

2. A letter of Final Acceptance has been issued by the ENGINEER and accepted by the

OWNER.

B. The OWNER’s final payment to the CONTRACTOR shall be made no later than 30 days after the

Work has been completed and accepted by the OWNER, in writing, following the issuance of the

ENGINEER’s final Certificate for Payment:

1.07 WARRANTY

A. The CONTRACTOR shall provide a two (2) year warranty.

This Agreement is entered into as of the day and year written above (“The Date of Execution”):

OWNER CONTRACTOR

By: Title:

Standard Form of Agreement A - 5

By:

Title: ___________________________________

PUBLIC NOTICE

CITY OF SEGUIN

REQUEST FOR BIDS

AF-2026-53

The City of Seguin is accepting sealed qualifications for:

Nolan Street Outfall Emergency Repair which consists of: removal of damaged outfall structure and +/- 230 LF 84” corrugated metal pipe, and replacement with a concrete and gabion outfall structure and approximately 200 LF 8’x8’ single box culvert.

Sealed Bids will be received by the City of Seguin, electronically through the City’s BidNet site http://www.bidnetdirect.com/texas/cityofseguin until 3:00 P.M., Tuesday, July 28, 2026. The bids will be publicly opened and read in the Council Chambers of City Hall, address 210 E.

Gonzales, Seguin TX 78155 at 3:00 P.M. on that date.

A mandatory pre-bid meeting will be held on July 14, 2026 at 10AM at the Nolan Street Outfall project site (933 Nolan Street, Seguin, TX 78155).

Bids received after the time and date set for submission will be disqualified.

The City of Seguin reserves the right to reject or accept any and all proposals and to waive informalities. The City Council’s decision will be final.

STEVE PARKER

CITY MANAGER

CITY OF SEGUIN, TEXAS

C http://www.bidnetdirect.com/texas/cityofseguin

Construction

Invitation for Bids

City of Seguin will receive bids for Nolan St. Outfall Emergency Repair until 3:00 PM on Tuesday, July 28th at the Council Chambers of City Hall, address 210 E. Gonzales, Seguin TX 78155. The bids will be publicly opened and read aloud at 3:00 PM on Tuesday, July 28, 2026 at Seguin City Hall, 205 North River, Seguin, Texas, 78155.

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

1. Removal of a damaged outfall structure and +/- 230 LF 84” corrugated metal pipe, and replacement with a concrete and gabion outfall structure and approximately 200 LF 8’x8’ single box culvert.

Construction also includes installation of a curb inlet, approximately 46 LF of 30” PVC, removal of erosion control matting and replacement with sod, and incidental removal and replacement of curb, sidewalk, and pavement. This project is being funded by the City of Seguin, and work will occur within City right-of-way and on Guadalupe

Blanco River Authority (GBRA) property.

Bidders shall submit a bid bond by an acceptable surety in the amount of five percent (5%) of the bid issued. 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.

The successful Bidder must furnish Performance and Payments Bonds each in the amount of 100% of the contract price from an approved Surety Company holding a permit from the State of Texas to act as Surety and acceptable according to the latest list of companies holding certificates of authority from the Secretary of Treasury of the

United States, or other Surety or Sureties acceptable to the Owner.

Digital copies of Bid Documents and Construction Drawings for the project may be free of charge from

BidNetDirect http://www.bidnetdirect.com/texas/cityofseguin.

A mandatory pre-bid conference will be held Tuesday, July 14th at 10:00 PM at the Nolan Street Outfall project site (933 Nolan Street, Seguin, TX 78155).

Please submit questions for this project no later than July 28, 2026. All addenda issued for this project will be provided to invited bidders. It is the responsibility of the Contractor bidding to use proper scaling, paper width and length, etc. Failure to do so may result in error in the Unit Bid Quantities and/or Bid Amounts.

The City of Seguin reserves the right to reject any or all bids or to waive formalities in the bidding. Bids may be held by the City for a period of 60 days or until a contract is awarded, whichever occurs first, from the date of the bid opening for the purpose of reviewing the bids and investigating the bidder’s qualifications prior to the contract http://www.bidnetdirect.com/texas/cityofseguin http://provided/ award.

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. The City is an Equal

Opportunity Employer.

CITY OF SEGUIN, TEXAS

Steve Parker, City Manager

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 city or engineer no later than ten (10) 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 later than five (5) days prior to the bid opening. It is, however, the bidder's responsibility to make 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 City 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

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 will be justified in rejecting any claim based on lack of inspection of the site prior to the bid.

4. Alternate bid items

No alternate bids or bid items are included at this time. Contractor may present alternate solutions as cost saving measures.

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

D and the date and time of bid opening.

d. The City 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. 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

Each bidder shall submit on the form furnished for that purpose a statement of the bidder's qualifications. The city 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 City 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 City that the bidder is qualified to carry out properly the terms of the contract.

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 City 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 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 City. 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 City 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:

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.

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 the City.

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 insure 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 insure 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 insure 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.

14054-00 COMPONENT E PAPE-DAWSON

COMPONENT E1

BID FORM

THE PROJECT AND THE PARTIES

1.01 TO: ___________________________ (Owner)

1.02 FOR: ____________________________ (Project)

1.03 DATE: ______________ (Bidder to enter date)

1.04 SUBMITTED BY: (Bidder to enter name and address)

A. Company Name: ___________________________________

1. Address: ______________________________________

2. City, State, Zip: __________________________________

3. The Undersigned proposes to furnish all labor, services, materials, tools and necessary equipment for the construction of various improvements and to perform the work required at the locations set out by the Plans and Specifications, in strict accordance with the Contract Documents.

4. In submitting this Bid, it is understood that this Bid may not be altered or withdrawn for a minimum of 60 calendar days, and that the Owner has reserved the right to reject any and all Bids.

5. The Undersigned certifies that this Bid is made in good faith, without collusion or connection with any other person, persons, partnership, company, firm, association, or corporation offering Bids on this work, for the following sum or prices to wit:

1.05 DECLARATION

A. The undersigned hereby declares that he has visited the site and has carefully examined the Drawings, Specifications, Contract Documents and Bidding Documents related to the work covered by his Bid.

1.06 OFFER

A. Having examined the Place of The Work and all matters referred to in the Instructions to Bidders and the Contract Documents for the above mentioned project, we, the undersigned, hereby offer to enter into a Contract to perform the Work for the Unit Prices listed in this bid form of:

B. Bid Amount:

1. Subtotal General – Mobilization, TCP, & SWPPP in Base Bid:

_________________________________________________________ dollars ($______________________), in lawful money of the United States of America.

E

2. Subtotal Demolition in Base Bid:

3. Subtotal Storm Drainage Improvements in Base Bid:

4. Total Amount in Base Bid:

_________________________________________________________ dollars

Number of Days to final completion ___________________________.

C. We have included the required security Bid Bond as required by the Instruction to Bidders.

1.07 ACCEPTANCE

A. This offer shall be open to acceptance and is irrevocable for sixty days from the bid closing date.

B. If this bid is accepted by Owner within the time period stated above, we will:

1. Execute the Agreement within seven (7) days of receipt of Notice of Award or acceptance of this bid.

2. Furnish the required bonds within seven (7) days of receipt of Notice of Award or acceptance of this bid.

3. Commence work within 21 days after written Notice to Proceed or acceptance of this bid.

C. If this bid is accepted within the time stated, and we fail to commence the Work or we fail to provide the required Bond(s), the security deposit shall be forfeited as damages to Owner by reason of our failure, limited in amount to the lesser of the face value of the security deposit or the difference between this bid and the bid upon which a Contract is signed.

D. In the event our bid is not accepted within the time stated above, the required security deposit shall be returned to the undersigned, in accordance with the provisions of the Instructions to Bidders; unless a mutually satisfactory arrangement is made for its retention and validity for an extended period of time.

1.08 CONTRACT TIME

A. If this Bid is accepted, we will complete the Work in [contractor to input, max 90 days] calendar days from Notice to Proceed or acceptance of this bid. Completion time includes __________ days for adverse weather conditions.

B. Reference Supplemental Conditions to Bidding Requirements for established construction schedule, payment retainage, liquidated damages, etc.

1.09 CHANGES TO THE WORK

A. When Owner establishes that the method of valuation for Changes in the Work will be net cost plus a percentage fee in accordance with General Conditions, our percentage fee will be:

1. ______ percent overhead and profit on the net cost of our own Work;

2. ______ percent on the cost of work done by any Subcontractor.

B. On work deleted from the Contract, our credit to Owner shall be Engineer-approved net cost plus _________ of the overhead and profit percentage noted above.

1.10 ADDENDA

A. The following Addenda have been received. The modifications to the Bid Documents noted below have been considered and all costs are included in the Bid Price. (Bidder may add lines)

1. Addendum # _______ Dated ________________.

2. Addendum # _______ Dated ________________.

1.11 BID FORM SUPPLEMENTS

A. The following Supplements are attached to this Bid Form and are considered an integral part of this Bid Form:

1. Unit Prices Form: Include a listing of unit prices specifically requested by Contract

Documents.

2. Proposed Subcontractors Form: Include the names of all Subcontractors and the portions of the Work they will perform.

3. Proposed Schedule of Values Form identifies the Bid Sum segmented into portions as requested.

B. Bonds:

1. Payment and performance bonds running to the Owner pursuant to Article 1.02, INSTRUCTION FOR BIDDERS.

a. Premium: __________

b. Name and Address of Surety:

1) __________

2) __________

C. Insurance

1. Insurance pursuant to Article 1.16, INSTRUCTION FOR BIDDERS (show normal coverage).

a. Workmen's Compensation Insurance complying with the laws of the state:

1) Carrier: __________

b. Employer's Liability Insurance:

1) Carrier: __________

2) $__________

c. Comprehensive General Liability and Property Damage Insurance:

1) Carrier: __________

d. Comprehensive Automobile Liability and Property Damage Insurance:

1) Carrier: __________

1.12 KEY PERSONNEL

A. Name and company of the proposed Project Manager:

B. Name and company of the proposed Site Superintendent:

C. Name and company of the proposed Utility Superintendent:

A.13 ASSURANCES

A. The Undersigned affirms that it is duly authorized to submit this bid, that this bid has not been prepared in collusion with any other bidder, and that the content of this bid as to prices, terms, or conditions of said bid has not been communicated to any other bidder prior to the official opening of this bid.

B. The Undersigned certifies that pursuant to Section 2270.002 of the Texas Government Code, Bidder does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation.

C. The Undersigned certifies that pursuant to S.B 19, Bidder does not boycott energy companies and will not boycott energy companies during the term of the contract.

D. The Undersigned certifies that pursuant to S.B. 13, Bidder does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the contract against a firearm entity or firearm trade association.

1.14 BID FORM SIGNATURE(S)

A. The Corporate Seal of

1. ____________________________________________

2. (Bidder - print the full name of your firm)

B. was hereunto affixed in the presence of:

1. ____________________________________________

2. (Authorized signing officer, Title)

3. (Seal)

4. ____________________________________________

5. (Authorized signing officer, Title) (Seal)

COMPONENT E2

UNIT PRICES FORM

PARTICULARS

1.01 The following is the list of Unit Prices referenced in the bid submitted by:

1.02 (Bidder) ________________________________

1.03 To (Owner ): __________

1.04 Dated: _________________ and which is an integral part of the Bid Form.

1.05 THE FOLLOWING ARE UNIT PRICES FOR SPECIFIC PORTIONS OF THE WORK AS LISTED,

AND ARE APPLICABLE TO AUTHORIZED VARIATIONS FROM THE CONTRACT

DOCUMENTS.

UNIT PRICE LIST

Bid Item Description Unit Quantity Unit Price Cost

GENERAL – MOBILIZATON, TCP, & SW3P

0500-7001 MOBILIZATION LS

0100-1002

PREPARING ROW (INCLUDES TREE

PROTECTION, REMOVAL, TRIMMING) LS

0502-7001

BARRICADES, SIGNS AND TRAFFIC

HANDLING MO

0506-7002 ROCK FILTER DAMS (INSTALL) (TY 2) LF

0506-7011 ROCK FILTER DAMS (REMOVE) LF

0506-7039 TEMP SEDMT CONT FENCE (INSTALL) LF

0506-7041 TEMP SEDMT CONT FENCE (REMOVE) LF

0506-7043

EROSION CONTROL LOGS - 8"

(INLETS) LF

0169-7006

EROSION CONTROL MATTING (SOIL

RET BLKT) SY

0506-7020

CONSTRUCTION EXITS (TYPE 1-3)

INSTALL SY

0506-7024

CONSTRUCTION EXITS (TYPE 1-3)

REMOVE SY

0506-7060 WASHOUT PIT / INLET PROTECTION LS

Subtotal General:

DEMOLITION

0110-7003

REMOVAL OF CONCRETE OUTFALL

STRUCTURE LS

0169-7106

REMOVAL OF EROSION CONTROL

MATTING SY

0110-9000 REMOVAL OF CMP (84") LF

0104-7016 REMOV AND REPLACE CONC CURB LF

0104-7017 REMOV CONC (SIDEWALK) SY

0400-7007

SAWCUT & REPLACE TYPE B HMAC

PAVEMENT SF

Subtotal Demolition

STORM DRAINAGE

0402-7001 TRENCH EXCAVATION PROTECTION LF

0462-7015 CONC BOX CULV (8 FT X 8 FT) LF

0464-9030

30" PVC DRAINAGE PIPE (A-2000 OR

EQUIV) LF

0465-7005 JCTBOX (COMPL) (12 FT X 12 FT) EA

0465-7024 INLET (COMPL)(CURB) w/ EXTs EA

0466-7210

CONCRETE WINGWALL + EXT DEPTH

CURB + APRON CY

0466-9001 CONCRETE THRUST BLOCK CY

0459-7010 GABION BASKETS (3x3 STEPPED) CY

0459-7002 GABION MATTRESS (18" THICK) CY

0401-7001

FLOWABLE FILL (AT GABIONS, DOES

NOT INCLUDE TRENCHES) CY

0132-7050 COMPACTED FILL / EMBANKMENT CY

0162-7008 SOD / FINAL RESTORATION SY

0403-7002

TEMPORARY COFFERDAM,

DEWATERING & RIVER ACCESS LS

Subtotal Storm Drainage

Total Cost

COMPONENT E3

PROPOSED SUBCONTRACTORS FORM

PARTICULARS

1.01 Herewith is the list of proposed Subcontractors referenced in the bid submitted by:

1.02 (Bidder) ____________________________________

1.03 To (Owner ): __________

1.04 Dated: ___________________ and which is an integral part of the Bid Form.

1.05 The following work is proposed to be performed (or provided) by Subcontractors and coordinated by us:

LIST OF SUBCONTRACTORS

2.01 WORK SUBJECT SUBCONTRACTOR NAME, LOCATION, & CONTACT INFORMATION

2.02 _______________________________________________________________

2.03 _______________________________________________________________

2.04 _______________________________________________________________

2.05 _______________________________________________________________

2.06

2.07

2.08

2.09

2.10

2.11

2.12

COMPONENT E4

PROPOSED SCHEDULE OF VALUES FORM

1.01 GENERAL

A. Prior to the first application for payment, Contractor shall submit to the Engineer, an expanded schedule of values which will define labor and material separately for each significant portion of the work to be performed.

B. Upon request of the Engineer, Contractor shall support the values with data which will substantiate their correctness.

C. The Schedule of Values, unless objected to by the Engineer, shall be used only as the basis for the Contractor's Applications for Payment.

1.02 FORM AND CONTENT OF SCHEDULE OF VALUES

A. Submit schedule on this form.

B. Schedule shall list the installed value of the component parts of the Work in sufficient detail to serve as a basis for computing values for progress payments during construction.

C. Bidder may provide schedule of values attached to this form in bulleted, tabular, and/or schedule format, as long as information is complete and clear.

D. For each major line item list sub-values of major products or operations under the item.

E. For items on which progress payments will be requested for stored materials, break down the value into:

1. The cost of the materials, delivered and unloaded.

2. The total installed value.

F. Submit a subschedule for each separate stage of work specified.

G. Submit a sub-schedule of unit costs for Products specified under a unit cost allowance.

H. The sum of all values listed in the schedule shall equal the total Contract Sum.

F

Revised: February 13, 2025

GENERAL CONDITIONS OF AGREEMENT

1. DEFINITION OF TERMS

1.01. CONTRACT DOCUMENTS. The Contract Documents shall consist of all documents that are a part of this bid package, as well as all documents referenced by URL or website address within this bid package. Such Contract Documents may include, but are not limited to the Notice to Contractors (Advertisement), Instructions to Bidders, Proposal, signed Agreement, Performance and Payment Bonds (when required), Special Bonds (when required), General Conditions of Agreement, Minority Business Utilization Requirements (when required), Technical Specifications, Plans, and all modifications thereof incorporated in any of the documents before the execution of the agreement.

The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. In case of conflict between any of the Contract Documents, priority of interpretation shall be in the following order: Signed Agreement, Performance and Payment Bonds, Special Bonds (if any), Proposal, General Conditions of Agreement, General Conditions of Bidding, Notice to Contractors, Technical Specifications and Plans. All work performed by Contractor pursuant to the Contract Documents shall herein be referred to as the “WORK”.

1.02. SUBCONTRACTOR. The term Subcontractor, as employed herein, includes only those having a direct contract with the CONTRACTOR and it includes one who furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked.

1.03. WRITTEN NOTICE. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered mail to the last business address known to him who gives the notice.

1.04. WORK NOTICE. The CONTRACTOR shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel, transportation and other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be of a good quality. The CONTRACTOR shall, if required, furnish satisfactory evidence as to the kinds and quality of materials. Materials or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards.

1.05. WORKING DAY. A "Working Day" is defined as any day the weather or other conditions, not under the control of the contractor, will permit construction of the principal units of the work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. Saturdays, Sundays and legal holidays may be excluded if no work is performed.

1.06. CALENDAR DAY. "Calendar Day" is any day of the week or month, no days being excepted.

1.07. SUBSTANTIALLY COMPLETED. By the term "substantially completed" is meant that the structure has been made suitable for use or occupancy or the facility is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment.

2. RESPONSIBILITIES OF THE CONTRACTOR

2.01. CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants. The superintendent shall represent the CONTRACTOR.

The CONTRACTOR is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements.

The CONTRACTOR shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection of the safety of the improvements being erected and his property or any other persons as a result of his operations hereunder. Engineering construction drawings and specifications as well as any additional information concerning the work to be performed passing from or through the OWNER shall not be interpreted as requiring or allowing CONTRACTOR to deviate from the plans and specifications, the intent of such drawings, specifications and any other such instructions being to define with particularly the agreement of the parties as to the work the CONTRACTOR is to perform. CONTRACTOR shall be fully and completely liable, at his own expense, for design, construction, installation and use, or non-use, of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction.

The CONTRACTOR shall be responsible for all materials delivered to him for all parts of the work, including that which has been partially paid for, until final acceptance of the entire work, and shall be liable for all losses or damages thereto which may occur during the progress of construction and before final acceptance. The CONTRACTOR shall be required to make good at his own cost any loss, injury or damage which the said materials or work may sustain from any source or cause whatsoever before final acceptance thereof.

2.02. CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the OWNER, either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained.

2.03. CHARACTER OF WORKMEN. The CONTRACTOR agrees to employ only orderly and competent agents, skillful in the performance of the type of work required under this contract, to do the work; and agrees that whenever the OWNER shall inform him in writing that agent(s) on the work are, in CONTRACTOR’S opinion, incompetent, unfaithful or disorderly, such agent(s) shall be discharged from the work and shall not again be employed on the work without the Owner's written consent.

2.04. CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that the OWNER may make such changes and alterations as the OWNER may see fit, in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying Performance and Payment Bonds.

If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work. If the amount of work is increased, and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this contract. In case the OWNER shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the OWNER shall recompense the CONTRACTOR for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned.

3. GENERAL OBLIGATIONS AND RESPONSIBILITIES

3.01. RIGHT OF ENTRY. The OWNER reserves the right to enter the property or location on which the works herein contracted for are to be constructed or installed, by such agents or agents as he may elect, for the purpose of inspecting the work, or for the purpose of constructing or installing such collateral work as said OWNER may desire.

3.02. COLLATERAL CONTRACTS. The OWNER agrees to provide by separate contract or otherwise, all labor and material essential to the completion of the work specifically excluded from this contract, in…