Project Manual (45).pdf

R:\BRE\Documents\Specifications\Active\Splendora, City of (TX)\3911.050.1-2026.JDE\Specifications\!Mosaic Cover (Green=Municipal)-(for Bid).docx

1st Street Drainage Improvements

GLO CDBG-DR

Contract No.

24-067-014-E201

Contract 1-2026

Section 00 01 10-1 3911.050/1-2026

SECTION 00 01 10

TABLE OF CONTENTS

CITY OF SPLENDORA

SPLENDORA, TEXAS

1ST STREET DRAINAGE IMPROVEMENTS

GLO CDBG-DR CONTRACT NO. 24-067-014-E201

CONTRACT 1-2026

Pages Through

DIVISION 00–BIDDING AND CONTRACTING REQUIREMENTS

CONSTRUCTION ADVERTISEMENT AND INVITATION FOR BIDS

INSTRUCTION TO BIDDERS FOR CONSTRUCTION

EQUAL OPPORTUNITY GUIDELINES FOR CONSTRUCTION CONTRACTORS

EQUAL OPPORTUNITY CLAUSE

BID ................................................................................................................................. 00 41 00-13

BID BOND

STATEMENT OF BIDDER’S QUALIFICATIONS

CONFLICT OF INTEREST QUESTIONNAIRE (FORM CIQ)

CONTRACTOR’S CERTIFICATION OF RECOVERED MATERIAL

NONCOLLUSION AFFIDAVIT OF PRIME BIDDER

CONTRACTOR CERTIFICATIONS–CERTIFICATION OF BIDDER REGARDING CIVIL

RIGHTS LAWS AND REGULATIONS

CONTRACTOR’S LOCAL OPPORTUNITY PLAN

PROPOSED CONTRACTS BREAKDOWN

CERTIFICATION REGARDING LOBBYING

DISCLOSURE OF LOBBYING ACTIVITIES

CHILD SUPPORT OBLIGATION CERTIFICATION

CONSTRUCTION CONTRACT

NOTICE TO PROCEED.................................................................................................. 00 55 00- 1 EROSION CONTROL CERTIFICATION......................................................................... 00 55 10- 1

GENERAL CONDITIONS–PART I FOR CONSTRUCTION

SPECIAL CONDITIONS–CDBG-MIT

HUD-4010 FEDERAL LABOR STANDARDS PROVISIONS

SIGNAGE REQUIREMENTS

ATTORNEY’S REVIEW CERTIFICATIONS

SECTION 3 BUSINESS CONCERN CERTIFICATION FOR CONTRACTING

(SAMPLE FORM)

SECTION 3 WORKER AND TARGETED SECTION 3 WORKER SELF-CERTIFICATION

(SAMPLE FORM)

RESOLUTION NO. 2024-02-05A REGARDING CIVIL RIGHTS

CONTRACTOR PAYROLL CERTIFICATION

CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS

REQUIREMENTS FOR PERFORMANCE AND PAYMENT BONDS.............................. 00 61 00- 2

PERFORMANCE BOND

PAYMENT BOND

CERTIFICATE OF LIABILITY INSURANCE

TABLE OF CONTENTS Continued Pages

Through

Section 00 01 10-2 3911.050/1-2026

SPECIFICATIONS

DIVISION 01–GENERAL REQUIREMENTS

SUMMARY OF WORK ................................................................................................... 01 11 00- 4 CONTRACT CONSIDERATIONS................................................................................... 01 29 00- 1 COORDINATION, FIELD ENGINEERING, AND MEETINGS ......................................... 01 31 00- 2 SUBMITTALS ................................................................................................................. 01 33 00- 5 REGULATORY REQUIREMENTS.................................................................................. 01 41 00- 2 REFERENCE STANDARDS AND DEFINITIONS........................................................... 01 42 00- 6 QUALITY CONTROL...................................................................................................... 01 45 00- 2 TEMPORARY FACILITIES ............................................................................................. 01 50 00- 2 TEMPORARY CONTROLS ............................................................................................ 01 57 00- 2 MATERIALS ................................................................................................................... 01 60 00- 3 CONTRACT CLOSEOUT ............................................................................................... 01 77 00- 3

FEDERAL WAGE RATES

DIVISION 02–EXISTING CONDITIONS

DEMOLITION ................................................................................................................. 02 41 00- 3

DIVISION 03–CONCRETE

CONCRETE FORMWORK ............................................................................................. 03 11 00- 3 CONCRETE REINFORCEMENT.................................................................................... 03 20 00- 4 CAST-IN-PLACE CONCRETE........................................................................................ 03 30 00-13

DIVISION 31–EARTHWORK

SITE GRADING.............................................................................................................. 31 22 00- 4 EXCAVATION, FILL, BACKFILL, AND GRADING.......................................................... 31 23 00-11 DEWATERING ............................................................................................................... 31 23 19- 3 CEMENT STABILIZED SAND ........................................................................................ 31 23 23.46- 3 SLOPE PROTECTION AND EROSION CONTROL ....................................................... 31 25 00- 3 STORM WATER POLLUTION PREVENTION................................................................ 31 25 13- 7

DIVISION 32–EXTERIOR IMPROVEMENTS

SEEDING ....................................................................................................................... 32 92 19- 3

APPENDICES (NOT PART OF CONTRACT DOCUMENTS)

GEOTECHNICAL ENGINEERING REPORT

END OF SECTION

BIDDING AND CONTRACTING REQUIREMENTS

Construction Advertisement and Invitation for Bids

The City of Splendora will receive Bids for the 1st Street Drainage Improvements project, GLO CDBG-DR Contract No. 24-067-014-E201, Contract 1-2026, until September 10, 2026, at 3:30 P.M. at City of Splendora City Hall, located at 26090 FM 2090 East, Splendora, TX 77372. The Bids will be publicly opened and read aloud at 3:30 P.M. on September 10, 2026, at City of Splendora City Hall.

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

1. Drainage improvements along 1st Street.

2. Construction of concrete headwalls for four pipes under 1st Street.

Complete digital Project Bidding Documents are available at www.civcastusa.com at no cost. Please contact CivcastUSA.com for assistance with free membership registration, downloading, and working with this digital Project information.

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 City of Splendora or negotiable U.S. Government Bonds (as par value) may be submitted in lieu of the Bid Bond.

Attention is called to the fact that not less than the federally determined prevailing (Davis-Bacon and Related Acts) wage rate, as issued by the Texas General Land Office–Community Development & Revitalization and contained in the Contract Documents, must be paid on this Project. In addition, the successful Bidder must ensure that employees and applicants for employment are not discriminated against because of race, color, religion, sex, sexual identity, gender identity, or national origin.

Pursuant to Chapter 2269 Subchapter C of the Texas Government Code, a contract will be awarded to the lowest responsible Bidder that has the experience and reputation, quality of goods and services, safety record, proposed personnel, and financial capacity to complete this Project. The Bidder selected will be notified at the earliest possible date. The City reserves the right to reject any or all Bids or to waive any informalities in Bids received where such action is in its interest. The City pays for goods and services according to the provisions of Chapter 2251 of the Texas Government Code.

Bids may be held by City of Splendora for a period not to exceed 60 days from the date of the Bid opening for the purpose of reviewing the Bids and investigating the Bidder’s qualifications prior to the Contract Award.

The City of Splendora is an Affirmative Action/Equal Opportunity Employer. Section 3 Residents, Minority Business Enterprises, Small Business Enterprises, Women Business Enterprises, and labor surplus area firms are encouraged to submit Bids.

All contractors/subcontractors whose System for Award Management (SAM.gov) registration is not active or that are debarred, suspended, or otherwise excluded from or ineligible for participation on federal assistance programs may not undertake any activity in part or in full under this Project.

City of Splendora, Texas Anita Davis, City Secretary August 25, 2026 and September 1, 2026

INSTRUCTION TO BIDDERS FOR CONSTRUCTION

1. Use of Separate Bid Forms

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

2. Interpretations or Addenda

No oral interpretations will be made to any bidder. Each request for clarification shall be made in writing to the Grant Recipient or engineer no less than five (5) business days prior to the bid opening.

Each interpretation made will be in the form of an Addendum to the contract documents and will be distributed to all parties holding contract documents no less than three (3) business 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 Grant Recipient must republish the invitation for bids containing the place, time, and date for the new bid opening. Note that any change to the original bid opening date will require republication of the invitation for bids at least once in a locally published newspaper. The republished notice will include the place, time and date for the new bid opening and must be published at least seven days prior to the new bid opening date.

3. Inspection of Site

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 will be considered unless they are specifically requested by the technical specifications.

5. Bids

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

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

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

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

9. Unit Price

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

10. Corrections

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

11. Time for Receiving Bids

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

12. Opening of Bids

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

13. Withdrawal of Bids

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

14. Award of Contract/Rejection of Bids

a. The contract will be awarded to the responsive, responsible Bidder submitting the lowest/best bid. The bidder selected will be notified at the earliest possible date. The locality reserves the right to reject any or all bids and to waive any informality in bids received where such rejection or waiver is in its interest.

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

15. Execution of Agreement/Performance and Payment Bonds

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

b. Payment Bonds- Requires all prime contractors which enter into a formal contract with the State, a county, or a municipality; a department, board, or agency of the state, a county, or a municipality; and a school district or a subdivision thereof, to furnish to the governmental entity a payment bond in the amount of the contract. The payment bond must be filed within ten (10) days from the date of the Notice of Award:

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

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

c. The failure of the successful bidder to execute the agreement and supply the required bonds within ten (10) 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 TDA.

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.

Equal Opportunity Clause

During the performance of this contract, the contractor agrees as follows:

(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

Section 00 41 00-1

SECTION 00 41 00

BID

CITY OF SPLENDORA

SPLENDORA, TEXAS

1ST STREET DRAINAGE IMPROVEMENTS

GLO CDBG-DR CONTRACT NO. 24-067-014-E201

CONTRACT 1-2026

A. Table of Contents

ARTICLE 1. BID RECIPIENT

ARTICLE 2. BIDDER’S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD,

INSTRUCTIONS, AND RECEIPT OF ADDENDA

ARTICLE 3. BIDDER’S REPRESENTATIONS

ARTICLE 4. BIDDER’S CERTIFICATIONS

ARTICLE 5. BASIS OF BID

ARTICLE 6. TIME OF COMPLETION

ARTICLE 7. ATTACHMENTS TO THIS BID

ARTICLE 8. DEFINED TERMS

ARTICLE 9. COMMUNICATIONS

ARTICLE 10. BID SUBMITTAL

ARTICLE 1–BID RECIPIENT

1.01 Bids to be received until 3:30 P.M. local time, September 10, 2026.

1.02 This Bid is submitted to: City of Splendora City Hall

26090 FM 2090 East Splendora, TX 77372

1.03 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2–BIDDER’S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD, INSTRUCTIONS, AND

RECEIPT OF ADDENDA

2.01 Bid Acceptance Period

A. This Bid will remain subject to acceptance for 80 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of OWNER.

2.02 Instructions to Bidders

A. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security.

B. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. For Bids submitted

Section 00 41 00-2 on a Lump Sum basis, discrepancies between words and figures will be resolved in favor of the words.

2.03 In submitting this Bid, Bidder represents the following:

A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following addenda:

Date: Addendum Number:

2.04 Bidder will sign and deliver the required number of counterparts of the Agreement with the bonds, insurance certificates, and other documents required by the Bidding Requirements within 10 days after the date of OWNER’s Notice of Award.

ARTICLE 3–BIDDER’S REPRESENTATIONS

3.01 Bidder’s Representations

A. In submitting this Bid, Bidder represents the following:

1. Bidder has examined and carefully studied the Bidding Documents, including Addenda.

2. Bidder has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

3. Bidder is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.

4. Bidder has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Special Conditions, with respect to the Technical Data in such reports and drawings.

5. Bidder has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Special Conditions, with respect to Technical Data in such reports and drawings.

6. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Technical Data identified in the Special Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, if selected as CONTRACTOR; and (c) Bidder's (CONTRACTOR's) safety precautions and programs.

7. Based on the information and observations referred to in the preceding paragraph, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.

Section 00 41 00-3

8. Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents.

9. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR.

10. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

11. The submission of this Bid constitutes an incontrovertible representation by Bidder that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

ARTICLE 4–BIDDER’S CERTIFICATIONS

4.01 Bidder certifies the following:

A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation.

B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid.

C. Bidder has not solicited or induced any individual or entity to refrain from Bidding.

D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D:

1. Corrupt practice means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the Bidding process.

2. Fraudulent practice means an intentional misrepresentation of facts made

(a) to influence the Bidding process to the detriment of OWNER, (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive OWNER of the benefits of free and open competition.

3. Collusive practice means a scheme or arrangement between two or more Bidders, with or without the knowledge of OWNER, a purpose of which is to establish Bid prices at artificial, non-competitive levels.

4. Coercive practice means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the Bidding process or affect the execution of the Contract.

4.02 Prohibition on Boycotting Israel

In accordance with HB 89 and Texas Government Code Chapter 2270, OWNER may not enter into a Contract with a "company" for goods or services unless the Contract contains the following written verification:

A. For the purposes for this section only, the terms "company" and "boycott Israel" shall have the meaning assigned by Texas Government Code Chapter 2270.

Section 00 41 00-4

B. If a Bidder qualifies as a "company" outside of the exclusions of HB 793, then Bidder hereby verifies that it:

1. Does not "boycott Israel"; and

2. Will not "boycott Israel" during the term of the Contract.

4.03 Iran, Sudan, and Foreign Terrorist Organization Verification

A. In accordance with SB 252 and Texas Government Code 2252, Bidder hereby certifies that it is not listed on the website of the Comptroller of the State of Texas concerning the list of companies that are identified under Section 806.051, Section 807.051, or Section 2252.153 of the Texas Government Code.

B. Bidder also further certifies that should it 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, it will immediately notify the OWNER's purchasing department.

4.04 Critical Infrastructure Verification

In accordance with SB 2116 and Texas Government Code Chapter 2274, Bidder hereby certifies that if it has or will have remote or direct access to communication infrastructure systems, cybersecurity systems, the electric grid, hazardous waste treatment systems, or water treatment facilities as a result of entering into a Contract with the OWNER, that Bidder is not:

A. Owned by or the majority of stock or other ownership interest is not held or controlled by:

1. Individuals who are citizens of China, Iran, North Korea, Russia, or a country designated by the Governor; or

2. A company or other entity, including a governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a country designated by the Governor; or

B. Headquartered in China, Iran, North Korea, Russia, or a country designated by the Governor.

4.05 Prohibition on Boycotting Energy Companies

In accordance with SB 13 and Texas Government Code 2274, Bidder hereby certifies that if it is not a sole proprietorship, if it has 10 or more full-time employees, or if the Contract Price will be greater than $100,000, that Bidder:

A. Will not boycott energy companies; and

B. Will not boycott energy companies during the term of the Contract.

4.06 Firearm Entity or Trade Association Discrimination

In accordance with SB 19 and Texas Government Code 2274, Bidder hereby certifies that if it is not a sole proprietorship, if it has 10 or more full-time employees, or if the Contract Price will be greater than $100,000, that Bidder:

Section 00 41 00-5

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

B. Will not discriminate during the term Contract against a firearm entity or firearm trade association.

These requirements do not apply to an exempt contract under Section 2274.003 of the Texas Government Code.

4.07 Contracting Information Preservation Requirements

If Bidder is not a governmental body and if Bid or resulting Contract may exceed or result in the expenditure of at least $1,000,000 in public funds, Bidder hereby agrees to the following:

A. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this Bid and any resulting Contract and Bidder agrees that the Contract can be terminated if Bidder knowingly or intentionally fails to comply with a requirement of that subchapter.

B. Pursuant to Subchapter J, Chapter 552, Texas Government Code, Bidder hereby certifies and agrees to:

1. Preserve all contracting information related to this Contract as provided by the records retention requirements applicable to OWNER for the duration of the Contract,

2. Promptly provide to OWNER any contracting information related to the Contract that is in the custody or possession of Bidder/CONTRACTOR on request of OWNER, and

3. On completion of the Contract, either:

a. Provide at no cost to OWNER all contracting information related to the Contract that is in the custody or possession of Bidder/CONTRACTOR, or

b. Preserve the contracting information related to the Contract as provided by the records retention requirements applicable to OWNER.

C. If Bidder/CONTRACTOR fails to provide to OWNER the requested information, Texas Government Code Chapter 552.373 requires OWNER to notify Bidder/CONTRACTOR in writing of the failure and allow 10 business days to cure the violation. OWNER may terminate the Contract if Bidder/CONTRACTOR fails to remedy the failure, OWNER determines the failure was knowing and intentional, and OWNER determines that steps have not been taken to conform to the requirements of Subchapter J, Chapter 552, Government Code.

4.08 Bidder also hereby acknowledges and agrees that all verifications and certifications located in Articles 4.02 through 4.07 will become material terms of the Contract and OWNER is expressly relying on these verification and certifications in agreeing to enter into a Contract.

Section 00 41 00-6

ARTICLE 5–BASIS OF BID

5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s):

The following abbreviations may be used in this Bid:

CIP - Complete in Place LS - Lump Sum CY - Cubic Yard LT - Left DI - Ductile Iron MBF - Thousand Board Feet DIA - Diameter MFOB - Thousand Freight-On-Board EA - Each MH - Manhole EST - Estimate(d) RCP - Reinforced Concrete Pipe EXCL - Excluding RT - Right FT - Feet SF - Square Foot GAL - Gallon STA - Station HERCP - Horizontal Elliptical RCP SWPPP - Storm Water Pollution

Prevention Plan HRS - Hours SY - Square Yard IN - Inch T - Ton INCL - Including VLF - Vertical Linear Foot LBS - Pounds W/ - With LF - Linear Foot W/O - Without

BIDDERS SHOULD NOT ADD ANY CONDITIONS OR QUALIFYING STATEMENTS TO THIS BID

OR THE BID MAY BE DECLARED IRREGULAR AS NOT BEING RESPONSIVE TO THE

INSTRUCTIONS TO BIDDERS.

Section 00 41 00-7

BID

CITY OF SPLENDORA

SPLENDORA, TEXAS

1ST STREET DRAINAGE IMPROVEMENTS

GLO CDBG-DR CONTRACT NO. 24-067-014-E201

CONTRACT 1-2026

The following prices per item shall be for furnishing and installing the various items of material and work as specified and shown on the Drawings. Bidder agrees to perform the Work as shown on the Drawings and described in the Specifications for the following listed prices. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities, determined as provided in the Contract Documents.

NOTE: A price must be bid for each item in the Bid, even though the estimated quantity is zero.

Unbalanced or unreasonable unit prices may cause rejection of the Bid.

Item No. Description Estimated Quantity Unit Bid Unit Price Bid Price

1. Mobilization 1 LS $ $

2. SWPPP 1 LS $ $

3. Perform Vegetation Clearing and Grubbing

1 LS $ $

4. Excavation, Grading, and Shaping 1 LS $ $

5. 48-IN HDPE Culvert 21 LF $ $

6. 30-IN HDPE Culvert 12 LF $ $

7. Concrete Slope Paving 185 SY $ $

8. 3-FT Wide Flat Bottom Reinforced Concrete Channel

335 SY $ $

9. Concrete Headwall 2 EA $ $

10. Remove and Relocate Heavy Riprap 1 LS $ $

11. Adjust Water Valve 2 EA $ $

12. Traffic Control According to Texas Manual on uniform Traffic Control Devices (TMUTCD)

1 LS $ $

13. Construction Materials Testing 1 LS $ $

14. Construction Staking 1 LS $ $

Section 00 41 00-8

Item No. Description Estimated Quantity Unit Bid Unit Price Bid Price

15. Site Restoration, Seeding, and Cleanup

1 LS $ $

COMPUTED TOTAL BID CONTRACT 1-2026 (ITEMS 1 THROUGH 15)

Dollars $ (Words) (Numbers)

Section 00 41 00-9

ARTICLE 6–TIME OF COMPLETION

6.01 If offer is accepted, CONTRACTOR shall achieve substantial completion within 60 calendar days after the date when the Contract Time commences to run and will be completed and ready for final payment in accordance with Paragraph 6b of the General Conditions within 90 calendar days after the date when the Contract Time commences to run. The Parties acknowledge and agree that the Contract Time is a reasonable time to achieve Substantial Completion of the Work.

6.02 Bidder accepts the provisions of the General Conditions as to liquidated damages in the event of failure to complete the Work within the Contract Times.

ARTICLE 7–ATTACHMENTS TO THIS BID

7.01 The following documents are attached to and made a condition of this Bid:

A. Required Bid security in the form of (Certified Check, Bank Money Order, or Bond)

B. Statement of Bidder’s Qualifications.

C. Form CIQ Conflict of Interest Questionnaire.

D. CONTRACTOR’s Certificate of Recovered Material.

E. Noncollusion Affidavit of Prime Bidder.

F. Certification of Bidder Regarding Civil Rights Laws and Regulations.

G. CONTRACTOR's Local Opportunity Plan.

H. Proposed Contracts Breakdown.

I. Certification Regarding Lobbying.

J. Disclosure of Lobbying Activities.

K. Child Support Obligation Certification.

ARTICLE 8–DEFINED TERMS

8.01 The terms used in this Bid with initial or all capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Special Conditions.

Section 00 41 00-10

ARTICLE 9–COMMUNICATIONS

9.01 Communications concerning this Bid shall be addressed to the address of Bidder indicated below:

Name:

Street:

City, State, Zip Code:

Phone No.: Fax No.:

E-mail address:

ARTICLE 10–BID SUBMITTAL

Submitted on

State Contractor License Number (if applicable).

Section 00 41 00-11

If Bidder is:

An Individual

By:

(Individual’s signature)

Name (typed or printed):

Doing business as:

Business address:

Phone No.: Fax No.:

E-mail address:

A Partnership

Partnership Name:

By:

(Signature of general partner -- attach evidence of authority to sign)

Name (typed or printed):

Business address:

Phone No.: Fax No.:

E-mail address:

A Corporation

Corporation Name:

State of Incorporation:

Type (General Business, Professional, Service, Limited Liability):

By:

(Signature -- attach evidence of authority to sign)

Name (typed or printed):

Title:

Attest (Signature of Corporate Secretary)

Business address:

Phone No.: Fax No.:

E-mail address:

Date of Qualification to do business in (State where the Project is located) is

Sworn and subscribed to before me this Notary Public or Other Officer day of , Authorized to Administer Oaths.

My Commission expires:

Section 00 41 00-12

A Limited Liability Company (Note: If member-managed, an authorized member must sign; if manager-managed, the authorized manager must sign. Attach evidence of authority to sign on behalf of LLC).

(Fill in complete name of LLC)

State of Formation:

By:

(Signature)

, [Member] [Manager] (Print Name)

Business Address:

Telephone:

Email:

Fax:

Section 00 41 00-13

A Joint Venture

Name of Joint Venture:

First Joint Venturer Name:

By:

(Signature of first joint venture partner -- attach evidence of authority to sign)

Name (typed or printed):

Title:

Business address:

Phone No.: Fax No.:

E-mail address:

Second Joint Venturer Name:

By:

(Signature of second joint venture partner -- attach evidence of authority to sign)

Name (typed or printed):

Title:

Business address:

Phone No.: Fax No.:

E-mail address:

Phone No., Fax No., and postal and E-mail address for receipt of official communications:

(Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.)

Sworn and subscribed to before me this Notary Public or Other Officer day of , Authorized to Administer Oaths.

My Commission expires:

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we the undersigned, as

PRINCIPAL, and , as SURETY are held and firmly bound unto

(City) hereinafter called the "Local Public Agency”, in the penal sum of

Dollars, ($ ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the Accompanying Bid, dated , for

NOW, THEREFORE, the Principal shall not withdraw said Bid within the period specified therein after the opening of the same, or, if no period be specified, within sixty (60) days after the said opening, and shall within the period specified therefor, or if no period be specified, within ten (10) days after the prescribed forms are presented to him for signature, enter into a written contract with the Local Public Agency in accordance with the Bid as accepted, and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract; or in the event of the withdrawal of said Bid within the period specified, or the failure to enter into such Contract and give such bond within the time specified, if the Principal shall pay the Local Public Agency the difference between the amount specified in said Bid and the amount for which the local Public Agency may procure the required work or supplies or both, if the latter be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue.

IN WITNESS THEREOF, the above parties have executed this instrument this day of , the name and corporate seal of each corporate party being hereto affixed and…