CITY OF HUNTSVILLE

WALKER COUNTY, TEXAS

CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS

FOR CONSTRUCTION OF

TOWN BRANCH CREEK

CHANNEL SLOPE REPAIR

LJA PROJECT NO. 1431-2501

JULY, 2026

COPYRIGHT BY

LJA ENGINEERING, INC.

3600 W. SAM HOUSTON PKWY. STE. 600

HOUSTON, TEXAS 77042

FIRM REGISTRATION NO. F-1386

07/16/2026

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CITY OF HUNTSVILLE

WALKER COUNTY, TEXAS

CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS

FOR CONSTRUCTION OF

TOWN BRANCH CREEK

CHANNEL SLOPE REPAIR

LJA PROJECT NO. 1431-2501

JULY, 2026

TABLE OF CONTENTS

I INVITATION TO BIDDERS

II INSTRUCTIONS TO BIDDERS

III BID FORM

IV STANDARD FORM OF AGREEMENT BETWEEN OWNER AND

CONTRACTOR

V PERFORMANCE BOND

VI PAYMENT BOND

VII LABOR CLASSIFICATION AND MINIMUM WAGE SCALE

VII-A TEXAS WORKERS’ COMPENSATION

VIII STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION

CONTRACT

IX SUPPLEMENTARY CONDITIONS OF AGREEMENT

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X TECHNICAL SPECIFICATIONS

Item Title

01110 Summary of Work 01325 Construction Schedules and Progress Meetings 01328 Construction Surveying 01330 Submittal Procedures 01422 Reference Technical Standards 01457 Construction Tests and Inspection 01565 General Source Controls 01785 Project Record Documents 02120 Material Disposal 02200 Site Preparation and Restoration 02233 Clearing and Grubbing 02241 Care and Control of Water 02314 Fill Material 02315 Excavating and Backfilling 02316 Structural Excavating and Backfilling 02361 Reinforced Silt Fence 02364 Filter Dams 02378 Riprap and Granular Fill 02379 Geotextiles for Erosion Control Systems 02911 Topsoil 02921 Turf Planting Zone Preparation 02922 Sod 02923 Broadcast Seeding 02925 Hydromulch-Hydroseeding 02936 Fertilizer and Soil Amendments

SPECIAL PROVISIONS

Special Provision No. 1 to General Conditions

XI EXHIBITS

Title Environmental Plan Review Letter Geotechnical Supplemental Letter Report

I

INVITATION TO BIDDERS

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I

INVITATION TO BIDDERS

Sealed Bids, in duplicate, addressed to City of Huntsville, Attention: City Engineer, Dr. Kathlie S.

Jeng-Bulloch, P.E., B.C. WRE, CFM, F.ASCE shall be presented and submitted to LJA Engineering, 1836 Spirit of Texas Way, 2nd Floor, Conroe 77301 at 10:00 A.M. Friday, August 14, 2026, and then publicly opened and read for furnishing all labor, material, and equipment and performing all work required for the construction of “Town Branch Creek Channel Slope Repair".

BIDS will be submitted in sealed envelopes upon the blank forms provided and marked in the upper left-hand corner "Bid for Construction of Town Branch Creek Channel Slope Repair” to be opened at 10:00 P.M. Friday, August 14, 2026. BIDS received after closing time will be returned unopened.

All Bids shall be accompanied by a cashier's or certified check upon a national or state bank in the amount of five percent (5%) of the total maximum bid price payable without recourse to the City of Huntsville, Texas, or a bid bond in the same amount from a reliable surety company, as a guarantee that bidder will enter into a Contract. The notice of award of Contract shall be given by the Owner within sixty (60) days following the opening of bids. Checks submitted as bid security will be returned to the respective bidders within ten (10) days after bids are opened, except checks, or bonds, which the Owner elects to hold until the successful bidder has executed the Contract.

Thereafter, the remaining checks, including security of successful bidder, will be returned within five

(5) days. Remaining bid bonds will not be returned unless requested by Bidder.

The successful bidder must furnish Performance Bond and Payment Bond upon the forms which are attached hereto in the amount of one hundred (100%) percent of the contract price within 15 days after receipt of the contract documents. Payment and performance bonds shall be issued from sureties with a minimum "A" or "A-" rating from Best's Key Rating Guide and who are licensed by the Texas Department of Insurance to do business in Texas and to issue said bonds. The bonds must be signed by an authorized representative of the surety and licensed by the State Board of Insurance.

Copies of the Bid/Contract Documents may be obtained from www.CivcastUSA.com. Bidders must register on this website in order to view and/or download digital plans and specifications for this project. There is NO charge to view or download documents from the website. Hard copies of Bidding Documents will not be sold. Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other purpose.

In conformance with applicable statutes, the general prevailing wage rates in the locality in which the work is to be performed have been ascertained, and such rates shall be the minimum paid for labor employed upon this project.

The Owner reserves the right to reject any or all bids and to waive informalities in bidding. In case of ambiguity or lack of clearness in stating the prices in any bid, the Owner reserves the right to consider the most advantageous construction thereof, or to reject the bid. The award will be made

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A Non-Mandatory Pre-Bid Conference for prospective bidders, suppliers, etc., will be held on Tuesday, July 28, 2026 at 3:00 P.M., via Microsoft TEAMS in accordance with the Instructions to Bidders, Paragraph 21. TEAMS meeting information:

Join: https://teams.microsoft.com/meet/239467533206458?p=2WqXvaTEvQtkwqCm2K Meeting ID: 239 467 533 206 458 Passcode: cF2YL2pi

City of Huntsville

Sharon Schultz, Deputy City Secretary for Kristy Doll, City Secretary

II

INSTRUCTIONS TO BIDDERS

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The City may not accept this bid until it has received from the bidder a completed and signed TEC Form 1295 complete with a certificate number assigned by the Texas Ethics Commission (“TEC”), pursuant to Texas Government Code § 2252.908 and the rules promulgated thereunder by the TEC. The undersigned understands that failure to provide said form complete with a certificate number assigned by the TEC will result in a non-conforming bid and will prohibit the City from considering this bid for acceptance.

II

INSTRUCTIONS TO BIDDERS

1. Texas Ethics Commission Form 1295.

HOUSE BILL 1295. Provision of Texas Ethics Commission Form 1295 (“TEC Form 1295”) pursuant to Texas Government Code § 2252.908 (the “Interested Party Disclosure Act” or the “Act”): Unless bidder is exempt from such requirements pursuant to Texas Government Code Section2252.908(c)(4), the City may not award the contract to a bidder unless the bidder has provided to the City a completed and signed TEC Form 1295 which has been assigned a certificate number by the Texas Ethics Commission (the “TEC”). Pursuant to the rules prescribed by the TEC, the TEC Form 1295 must be completed online through the TEC’s website, assigned a certificate number, printed, signed, and provided to the City. For purposes of completing the TEC Form 1295, the entity’s name is City of Huntsville; the contract ID number is 1431-2501;

and the description of goods and services is Town Branch Creek Channel Slope Repair.

Neither the City nor its consultants have the ability to verify the information included in a TEC Form 1295, and neither have an obligation nor undertake responsibility for advising any bidder with respect to the proper completion of the TEC Form 1295. ALL BIDDERS MUST SUBMIT

THEIR TEC FORM 1295 WITH THEIR BID.

2. Defined Terms

Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract, EJCDC C-700 (2007 edition) have the meanings assigned to them in the General Conditions. The term “Successful Bidder” means the lowest, qualified, responsible Bidder to whom Owner (on the basis of Owner’s evaluation as hereinafter provided) makes an award.

3. Copies of Bidding Documents

3.1 Complete sets of the Bidding Documents may be obtained from www.CivcastUSA.com. Bidders must register on this website in order to view and/or download digital plans and specifications for this project. There is NO charge to view or download documents from the website. Hard copies of Bidding Documents will not be sold.

3.2 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

3.3 Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use.

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4. Qualification of Bidder

4.1 Child Support Enforcement Requirements

Under Section 231.006 of the Texas Family Code,

- a sole proprietorship in which the sole proprietor is a delinquent child support obligor;

- a partnership in which a partner is a delinquent child support obligor;

- a corporation in which a majority shareholder is a delinquent child support obligor;

or

- another entity in which a substantial owner is a delinquent child support obligor are not eligible to bid on or receive state contract.

“Child support obligor” is a person who is obligated by court order or written repayment agreement to pay child support. A “Delinquent child support obligor” is a child support obligor who is 30 days or more delinquent in paying child support. A “substantial owner of another entity” is an entity other than a sole proprietorship, partnership, or corporation.

4.2 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within 5 days of Owner’s request written evidence of the types set forth in the Supplementary Conditions, such as financial data, previous experience and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must contain evidence of Bidder’s qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract.

5. Examination of Contract Documents and Site

5.1 Before submitting a Bid, each Bidder must (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state, and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, and (d) study and carefully correlate Bidder’s observations with the Contract Documents.

5.2 Bidders Responsibility - Bidders are required to inform themselves of the conditions under which the work is to be performed and all other factors that might affect the manner or method of work. The Owner does not make any representations as to the conditions under which the work is to be performed. The Bidder, if awarded the contract, shall not be allowed any extra compensation by reason of any condition which affects the work if such condition could have been discernible by the Bidder prior to the bidding.

5.3 Reference is made to the Supplementary Conditions for the identification of those reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which have been relied upon by Engineer in preparing the Drawings or Specifications. Owner

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will make copies of such reports available to any Bidder requesting them. These reports are not guaranteed as to accuracy or completeness, nor are they part of the Contract Documents. Before submitting his Bid, each Bidder will, at his own expense, make such additional investigations and tests as the Bidder may deem necessary to determine his Bid for performance of the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

5.4 On request, Owner will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his Bid.

5.5 The lands upon which the Work is to be performed, rights-of-way for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Supplementary Conditions, General Requirements or Drawings.

5.6 The submission of a Bid will constitute an incontrovertible representation by the

Bidder that he has complied with every requirement scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work.

6. Interpretations

All questions about the meaning or intent of the Contract Documents shall be submitted to Engineer in writing. Replies will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than five (5) days prior to the date for opening of Bids will not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7. Bid Security

7.1 Bid Security shall be made payable to Owner, in amount of five (5%) percent of the Bidder’s maximum Bid price and in the form of a certified or bank check or a Bid Bond issued by a Surety meeting the requirements of Paragraph 5.02 of the General Conditions.

7.2 The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required Contract Security, whereupon it will be returned; if the successful Bidder fails to execute and deliver the Agreement and furnish the required Contract Security within 15 days of the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of any Bidder whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the tenth day after the “effective date of the Agreement” (which term is defined in the General Conditions) by Owner to Contractor and the required Contract Security is furnished or the ninety-first day after the Bid opening. Remaining security of checks or cashier’s checks will be returned to the respective bidders within ten (10) days after bids are opened. Bid bonds will not be returned unless requested by Bidder.

8. Contract Time

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The number of days within which, or the date by which, the Work is to be completed (the Contract Time) is set forth in the Bid Form and will be included in the Agreement.

9. Liquidated Damages

Provisions for liquidated damages, if any, are set forth in Article 3.2., Standard Form of Agreement Between Owner and Contractor.

10. Substitute Material and Equipment

The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications without considerations of possible substitute or “or-equal” items. Whenever it is indicated in the drawings or specified in the Specifications that a substitute or “or-equal” item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the “effective date of the Agreement.” The procedure for submittal of any such application by Contractor and consideration by Engineer is set forth in Paragraphs

6.05 of the General Conditions.

11. Subcontractors, Etc.

11.1 If the Supplementary Conditions require the identity of certain Subcontractors and other persons and organizations to be submitted to Owner in advance of the Notice of Award, the apparent Successful Bidder, and any other Bidder so requested, will within seven days after the day of the Bid opening submit to Owner a list of all Subcontractors and other persons and organizations (including those who are to furnish the principal items of material and equipment) proposed for those portions of the Work as to which such identification is so required. Such list shall be accompanied by an experience statement with pertinent information as to similar projects and other evidence of qualification for each such Subcontractor, person and organization if requested by Owner. If Owner or Engineer after due investigation has reasonable objection to any proposed Subcontractor, other person or organization, either may before giving the Notice of Award request the apparent Successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent Successful Bidder declines to make any such substitution, the Contract shall not be awarded to such Bidder, but his declining to make any such substitution will not constitute grounds for sacrificing his Bid Security. Any Subcontractor, other person or organization so listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer.

11.2 No Contractor shall be required to employ any Subcontractor, other person, or organization against whom he has reasonable objection.

12. Bid Form

12.1 The Bid Form is attached hereto; additional copies may be obtained from Engineer.

12.2 Bid Forms must be completed in ink or by typewriter. The Bid price of each item on

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the form must be stated in words and numerals; in case of a conflict, words will take precedence.

12.3 Bids by Corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature.

12.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature.

12.5 All names must be typed or printed below the signature.

12.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which shall be filled in on the Bid Form).

12.7 The address to which communications regarding the Bid are to be directed must be shown.

12.8 The Bid Form includes supplemental pay items to facilitate payment for charges and alterations that may be required to complete work. Quantities have been established for Supplemental Items shown on Section III, the Bid Form. Contractor is to bid unit prices and provide extension of unit prices and quantities for total amount bid. The actual work as provided by the General Provisions, Technical Specifications, and shown on Plans and/or Exhibits is described in the Bid Form items other than supplemental pay items. When work covered by supplemental items is requested by Owner or Contractor and approved by Engineer, payment will be based on the quantity actually constructed and unit prices bid in Bid Form.

Award will be based on Total Amount Bid.

13. Submission of Bids

13.1 Bids shall be submitted at the time and place indicated in the Invitation to Bidders and shall be included in an opaque sealed envelope, marked with the Project title and name and address of the bidder and accompanied by the Bid Security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation “BID ENCLOSED” on the face thereof.

13.2 Forms to be Included with Submission of Bids: Form 1295; CIQ Form (only required if contractor has conflict of interest); SB 252; Anti-Boycott Verification Form.

14. Modification and Withdrawal of Bids

14.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.

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14.2 If within twenty-four hours after Bids are opened, any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of his Bid, that Bidder may withdraw his Bid and the Bid Security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work.

15. Opening of Bids - Bids will be Opened Publicly

When Bids are opened publicly they will be read aloud, and an abstract of the amounts of the base Bids and major alternates (if any) will be made available after the date of Bid openings.

16. Bids to Remain Open

All Bids shall remain open for sixty days after the day of the Bid opening, but Owner may, in his sole discretion, release any Bid and return the Bid Security prior to that date.

17. Award of Contract

17.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, non-responsive or conditional Bids. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

17.2 In evaluating Bids, Owner shall consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements and alternates and unit prices if requested in the Bid forms. It is Owner’s intent to accept alternates (if any are accepted) in the order in which they are listed in the Bid form but Owner may accept them in any order or combination.

17.3 Owner may consider the qualifications and experience of Subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for those portions of the Work as to which the identity of Subcontractors and other persons and organizations must be submitted as provided in the Supplementary Conditions. Operating costs, maintenance considerations, performance data and guarantees of materials and equipment may also be considered by Owner.

17.4 Owner may conduct such investigations as he deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidders, proposed Subcontractors and other persons and organizations to do the Work in accordance with the Contract Documents to Owner’s satisfaction within the prescribed time.

17.5 Owner reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to Owner’s satisfaction.

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17.6 If the Contract is to be awarded, it will be awarded to the lowest responsible Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project.

17.7 If the Contract is to be awarded, Owner will give the Successful Bidder a Notice of

Award within sixty days after the day of the Bid opening.

17.8 Funds: The Owner has available sufficient funds to pay the Contractor in cash, in accordance with the provisions of the Contract.

18. Performance and Other Bonds

Paragraph 5.01 of the General Conditions and the Supplementary Conditions set forth Owner’s requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to Owner it shall be accompanied by the required Contract Security.

19. Signing of Agreement

When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by at least three unsigned counterparts of the Agreement and all other Contract Documents attached. Within ten days thereafter Owner will deliver all fully signed counterparts to Contractor. Engineer will identify those portions of the Contract Documents not fully signed by Owner and Contractor and such identification shall be binding on all parties.

20. Special Requirements

20.1 Preparation of Bids: Unless otherwise directed in the Invitation of Bidders, bids shall be submitted in duplicate upon the forms provided, or copies thereof. The bids shall be prepared in compliance with the requirements of the Invitation to Bidders, these instructions, and any instructions printed on the prescribed forms. All blank spaces on the Bid Forms shall be filled in as noted, in ink or typed, with both words and figures; amounts shall be extended and totaled, and no change shall be made in the phraseology of the forms or of the bid items thereon. In case of discrepancy between the written amount and the figures, the written amounts will be used. If optional items are shown on the Bid form, and the Bidder elects not to bid on these optional items, then “No Bid” must be entered in the blank spaces provided. Any bid may be deemed irregular which contains any omission, alteration, erasure, addition, or change of any nature, or which does not include prices for each and every bid item (excluding optional items). Further, any bid in which the prices are obviously unbalanced, or which fails in any manner to conform to the bidding procedures as set forth, shall also be considered irregular. A Bidder may withdraw his bid before the time of closing by submitting a written request for its withdrawal to the person who holds the bid. In order to ensure consideration, the bid must be enclosed in a sealed envelope which is clearly marked with the notation “Bid Enclosed” and further identified by the name and number of the project. Unless directed otherwise in the Invitation and to Bidders, the bid shall be addressed to the Owner.

20.2 Subsurface Information: Any information provided in regard to subsurface data, test borings, etc., is to be considered approximate. Any soils report that the Engineer

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has obtained will be provided to the Bidders for their use. The interpretation of soils information, results of soil borings, etc., is in no way guaranteed.

20.3 Open Specifications: Where equipment or materials are specified by a trade or brand name, it is not the intention of the Owner to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality and/or performance; and to establish an equal basis for the evaluation of bids.

Where the words “equivalent”, or “equal to” are used, they shall be understood to mean that the thing referred to shall be the equivalent of or equal to, in the opinion or judgment of the Engineer, the product or item specified by name. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be, in all cases, fully equivalent to approved samples. Notwithstanding that the words “equivalent”, “equal to”, or other such expressions may be used in the specifications in connection with a material, manufactured article or process, the material, article, or process, specifically designated shall be used, unless a substitute shall be approved in writing by the Engineer. The Engineer has the right to require the use of such specifically designated materials, articles, or processes.

20.4 Price of Materials and Sales Tax: The Contractor is responsible for compliance with all current State Laws and Provisions of the State Comptroller’s office on price of materials and sales tax. The Owner is a tax-exempt organization and materials which become the property of the Owner upon acceptance of contract may be provided without tax if the Contractor maintains proper records and procedures.

21. Non-Mandatory Pre-Bid Conference

A Non-Mandatory Pre-Bid Conference between the Owner, Engineers, Prospective Bidders, Suppliers, and others will be held to discuss the scope of the Work and to answer questions concerning the Work. No addendum will be issued at this conference, but an addendum will be issued afterwards, if necessary, to answer questions. The Non- Mandatory Pre-Bid Conference will be held July 28, 2026 at 3:00 P.M. local time Microsoft TEAMS. Bidders are not required to attend to submit a bid. TEAMS meeting information:

Join: https://teams.microsoft.com/meet/239467533206458?p=2WqXvaTEvQtkwqCm2K Meeting ID: 239 467 533 206 458 Passcode: cF2YL2pi

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SB 252

CHAPTER 2252 CERTIFICATION

I, ________________________________________________, the undersigned representative of (Person Name)

(Company or Business Name) hereby referred to as company, being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051, or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan, or any Foreign Terrorist Organization, I will immediately notify the New Caney Municipal Utility District.

Date Position/Title

Signature of Company Representative

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Instructions For the Following Verification Forms:

STATE OF TEXAS – HOUSE BILL 89, 85th TEXAS LEGISLATURE VERIFICATION

STATE OF TEXAS – SENATE BILL 13, 87th TEXAS LEGISLATURE VERIFICATION

STATE OF TEXAS – SENATE BILL 19, 87th TEXAS LEGISLATURE VERIFICATION

The City of Huntsville, as a governmental entity, is required to include in its contracts a written verification from the company that the company does not boycott Israel, Fossil Fuel Industries, or Firearm and Ammunition industries. The verification language is required if the contract with the City of Huntsville has a value of $100,000 or more and the company has 10 or more full-time employees.

If the contract will or is anticipated to have a value of $100,000 or more and the Company has 10 or more full-time employees, the Company is required to complete and submit all three Verification Forms. Please ignore the “Alternative Certification” at the bottom of this page and complete and submit the Verification Forms if the Company is required to complete and submit all three Verification Forms.

Alternatively, if the contract does not have a value of $100,000 or more or the company has 9 or fewer full-time employees, you may complete and submit the below certification without completing the three Verification Forms.

Alternative Certification (if applicable)

(Company or Business Name) hereby referred to as Company, being an adult over the age of eighteen (18) years of age, do hereby certify the that the HB 89, 85th Texas Legislature verification; SB 13, 87th Texas Legislature; and SB 19, 87th Texas Legislature verifications do not apply to this contract or the Company, under the provisions of Section 2271.002(a), Texas Government Code; Section 2274.002(a), Texas Government Code; and Section 2274.002(a), Texas Government Code because of the following reasons:

The Company has 9 or fewer full-time employee; or

The contract between the Company and the City of Huntsville will have a value of less than $100,000.

(check all that apply)

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STATE OF TEXAS – HOUSE BILL 89, 85th TEXAS LEGISLATURE VERIFICATION

(Company or Business Name) hereby referred to as company, being an adult over the age of eighteen (18) years of age, do hereby certify the above-named company, under the provisions of Chapter 2271, Texas Government Code:

1. Does not boycott Israel currently; and

2. Will not boycott Israel during the term of the contract for goods or services.

Pursuant to Section 2270.001, Texas Government Code:

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

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

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STATE OF TEXAS – HOUSE BILL 13, 87th TEXAS LEGISLATURE VERIFICATION

(Company or Business Name) hereby referred to as company, being an adult over the age of eighteen (18) years of age, do hereby certify the above-named company, under the provisions of Chapter 2274, Texas Government Code:

1. Does not boycott energy companies currently; and

2. Will not boycott energy companies during the term of the contract for goods or services.

Pursuant to Section 2274.001, Texas Government Code:

1. “Boycott Energy Companies” means, without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company:

a. engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or

b. does business with a company described by Paragraph (a) above; and

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

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STATE OF TEXAS – HOUSE BILL 19, 87th TEXAS LEGISLATURE VERIFICATION

(Company or Business Name) hereby referred to as company, being an adult over the age of eighteen (18) years of age, do hereby certify the above-named company, under the provisions of Chapter 2274, Texas Government Code:

1. Does not have a practice, policy, guidance, or directive that discriminates against firearm entity or firearm trade associations currently; and

2. Will not discriminate against a firearm entity or firearm trade association during the term of the contract for goods or services.

Pursuant to Section 2274.001, Texas Government Code:

1. “Discriminate against a firearm entity or firearm trade association”

a. means, with respect to the entity or association, to:

i. refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association;

ii. refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or

iii. terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; and

b. does not include:

i. the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories;

ii. Aa company ’s refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency or for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity ’s or association ’s status as a firearm entity or firearm trade association; and

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

Date Position/Title

III

BID FORM

III

BID FORM

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

Accompanying this Bid Form is a Certified or Cashier's Check or Bidder's Bond in an amount of at least five percent (5%) of the maximum amount bid, payable to the Owner for ___________________________Dollars ($______).

Usual disposition of bid securities is cited in paragraph 3 of Section I, Invitation to Bidders and paragraph

7.2 of Section II, Instructions to Bidders; however, if bidder whose bid is accepted by Owner fails to execute the Agreement and/or fails to execute a performance bond and a payment bond within fifteen days after its acceptance, the bid security shall become the property of the Owner, and shall be considered as payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. Further, should the Owner bring suit in court to enforce any terms of this bid, it is agreed that the bidder or his surety shall pay to the Owner his cost and reasonable attorney's fees. It is understood that the Owner reserves the right to reject any and all bids.

To: The Mayor and City Council, City of Huntsville, Walker County, Texas, for the Construction of "Town Branch Creek Channel Slope Repair".

It is understood and agreed that the work will be substantially complete within Ninety (90) calendar days and all work is to be complete in full within One Hundred Five (105) calendar days after the date stated in the work order on which work is to be commenced.

The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the Invitation to Bidders, the Instructions to Bidders, this Bid Form, the Agreement, the General Conditions, the Special Provisions, the Supplementary Conditions, the Technical Specifications, and the Plans therein referred to and has carefully examined the locations, conditions, and classes of materials of the proposed work; and agrees that he will provide all necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the Contract and Specifications in the manner prescribed herein and according to the requirements of the Engineer as therein set forth.

It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is further understood that all items of work for which there are no specific pay items are included in the bid items shown on this Bid Form.

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

III Page 1 of 1

ITEM DESCRIPTION APPROX. UNIT TOTAL

NO. BASE BID ITEMS QTY. UNITS UNIT PRICE IN WORDS PRICE AMOUNT

Site Preparation & Restoration, including Clearing & Grubbing and Control of Water

1 EA

_________________________Dollars __________________________Cents

2 Imported Fill 2,046 CY _________________________Dollars __________________________Cents

3 Reinforced Silt Fence 569 LF _________________________Dollars __________________________Cents

4 Filter Dam - Type 2 32 LF _________________________Dollars __________________________Cents

5 Imported Topsoil 319 CY _________________________Dollars __________________________Cents

6 Anchored Sodding 1,907 SY _________________________Dollars __________________________Cents

7 Hydromulch 435 SY _________________________Dollars __________________________Cents

8 Riprap (Stone Protection) (24 in) 1,506 CY _________________________Dollars __________________________Cents

9 16' Double Swing Gate Chainlink 1 LS _________________________Dollars __________________________Cents

10 Construction Materials Testing 1 LS _________________________Dollars __________________________Cents

TOTAL AMOUNT BASE BID ITEMS

(Items 1 thru 10)

TOTAL AMOUNT BID

BID FORM

(Items 1 thru 10)

BID SUMMARY

III Page 1 of 1

Company:

Signed:

By:

Print Name & Title:

ATTEST:

(Seal, if Bidder is Corporation)

Mailing Address

City and State Zip

Delivery Address

City and State Zip

Telephone Number

E-Mail Address

SUBSTITUTIONS:

1.

(Add) (Deduct)

2.

(Add) (Deduct)

3.

(Add) (Deduct)

III Page 1 of 3

Addendum No. 1 Dated ________ Received _________

Addendum No. 2 Dated ________ Received _________

Addendum No. 3 Dated ________ Received _________

In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and will furnish a payment bond in the same amount to guarantee payment of all lawful claims for labor performed and materials furnished in the fulfillment of the contract. The work proposed to be done shall be accepted when fully complete and finished in accordance with the Plans and/or Exhibits and Specifications to the satisfaction of the Engineer.

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

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

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

III Page 2 of 3

(Name and Title)

(Name and Title)

(Date)

Notary Public in and for

County, Texas

Given under my hand and seal of office this ____________ day of ________________, A.D. 20___.

(insert type of business, i.e., sole proprietorship, partnership, corporation, or other)

I certify that no ____________________________________________________________________ (insert sole proprietor for sole proprietorhsip, or partner for a partnership, or majority shareholder for a corporation, or 10% or more owner for entity) is 30 days or more delinquent in child support payment required by court order or written repayment agreement."

"Under Texas Family Code, Section 231.006 a sole proprietorship, corporation, or other entity in which a sole proprietor, partner, a majority shareholder of a corporation or an owner of 10% or more of an other business entity is 30 days or more delinquent in paying child support under a court order or a written repayment agreement is not eligible to bid on or receive a state contract."

To comply with Section 231.006, the affidavit below must be signed by the person who is authorized to sign and submit a bid, and thereby bind the bidder, and it must be returned with the bid. A failure to do so will result in the disqualification of the bid.

"I, _____________________________________ am authorized to sign this bid on behalf of

________________________________________________, a ______________________________

(Signature)

III Page 3 of 3

IV

STANDARD FORM OF AGREEMENT

BETWEEN

OWNER AND CONTRACTOR

IV *** 1/6

IV

STANDARD FORM OF AGREEMENT

BETWEEN OWNER AND CONTRACTOR

This Agreement is dated as of the _____ day of _______________ in the year 2026 by and between the City of Huntsville (hereinafter called Owner) and __________________________________________________, (hereinafter called Contractor).

Owner and Contractor in consideration of the mutual covenants hereinafter set forth, agree as follows:

Article 1. WORK

Contractor shall complete all Work as specified or indicated in the Contract Documents.

The Work is generally described as follows:

Town Branch Creek Channel Slope Repair

The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows:

Provide all necessary materials, equipment, supervision, labor, and appurtenances to repair Town Branch Creek channel side slopes and prevent future erosion. Work includes site preparation and restoration, including clearing and grubbing and control of water, imported fill, stone riprap, imported topsoil, anchored sodding, hydromulching, 16 ft double swing gate, implementation of maintenance of storm water pollution prevention measures, and an allowance for mussel relocation.

Article 2. ENGINEER

The Project has been designed by LJA Engineering, Inc., 3600 W. Sam Houston Pkwy., Suite 600, Houston, Texas 77042, who is hereinafter called Engineer and who is to act as Owner's Representative, assume all duties and responsibilities and will have the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents.

Article 3. CONTRACT TIME

3.1 The Work will be substantially completed within Ninety (90) Calendar Days after the date when the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with Paragraph

14.07 of the General Conditions within One Hundred Five (105) Calendar Days after the date when the Contract Time commences to run.

IV *** 2/6

3.2 Liquidated Damages. Owner and Contractor recognize that time is of the essence in this Agreement and that Owner will suffer financial loss if the Work is not completed within the time specified in Paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (not as a penalty) Contractor shall pay Owner One Thousand ($ 1,000.00) for each day that expires after the time specified in Paragraph 3.1 for substantial completion until the Work is substantially complete.

After Substantial Completion, if Contractor shall neglect, refuse or fail to complete the remaining Work within the time specified in Paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by Owner, Contractor shall pay Owner One Thousand ($ 1,000.00) for each day that expires after the time specified in Paragraph 3.1 for completion and readiness for final payment.

Article 4. CONTRACT PRICE

4.1 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to Section III Bid Form.

TOTAL OF AMOUNT BID______________________________________________________

(use words)

$__________________________________________________(dollars)

As provided in Paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by Engineer as provided in Paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in Paragraph 11.03.B of the General Conditions. Unit prices specified as per lump sum have been computed in accordance with Paragraph 11.02 of the General

Article 5. PAYMENT PROCEDURES

Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions.

5.1 Progress Payments; Retainage: Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, on or about the 30th day of each month during construction as provided in Paragraphs 5.1.1. and 5.1.2. below. All such payments will be measured by the schedule of values established in Paragraph 2.07 of the General Conditions (and in the case of

IV *** 3/6

Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements.

5.1.1 Prior to Substantial Completion: Progress payments will be made equal to the percentage of work completed, as established above, and materials and/or equipment not incorporated into the work completed but delivered, suitably stored, and accompanied by suitable documentation satisfactory to the Owner as provided in Paragraph 14.2 of the General Conditions. Progress payments will be made less retainage as indicated in Paragraph 5.1.2 below, but in each case, less the aggregate of payments previously made and less such amounts as the Engineer shall determine, or Owner may withhold, in accordance with Paragraph 14.02.B.5 of the General

5.1.2 Retainage Prior to Substantial Completion: If the total Contract Price at the time of Contract Execution is Four Hundred Thousand Dollars ($400,000.00) or more, the agreed retainage until Substantial Completion will be five percent (5%), otherwise the agreed retainage until Substantial Completion will be ten percent (10%).

5.1.3 Retainage After Substantial Completion: On projects where a long period of time is expected to occur between the Substantial Completion and final acceptance,…