7322 Southwest Fwy Suite 1040 • Houston, TX 77074 • (713)-400-ARKK • www.arkkengineers.com • TX PE Firm No. 13872

Specifications and

Contract Documents for

FY 2026 Sanitary Sewer Rehabilitation Project

August 2026

Prepared By:

8/19/2026

SPECIFICATIONS AND CONTRACT DOCUMENTS

for in

CITY OF KATY, TEXAS

AUGUST 2026

ARKK JOB NO. 26-005

ARKK ENGINEERS, LLC

7322 SOUTHWEST FREEWAY, SUITE 1040

HOUSTON, TEXAS 77074

(713) 400-2755

TX P.E. Firm No. 13872

City of Katy

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TABLE OF CONTENTS

NO. OF

BIDDING REQUIREMENTS PAGES

Notice to Bidders

General Instructions to Bidders

Non-Collusion Affidavit

Subcontractors and Major Suppliers Form

Bid Proposal

Bid Bond

CONTRACT FORMS

Performance Bond

Payment Bond

Standard Form of Agreement

Conflict of Interest Questionnaire

Form 1295 Certificate of Interested Parties ....................................................... Provided by Contractor

One-Year Maintenance Bond

Contractor’s Insurance Certificate ..................................................................... Provided by Contractor

CONDITIONS OF THE CONTRACT

General Conditions of Agreement

Attachment No. 1 to General Conditions - Worker’s Compensation Insurance

Attachment No. 2 to General Conditions

Agreement for Final Payment and Contractor’s Sworn Release

Subcontractor/Materialman’s Full and Final Release and Waiver of Claims and Liens

Consent of Surety Company to Final Payment

Attachment No. 3 - Wage Rates

Special Conditions

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TECHNICAL SPECIFICATIONS

01015 Contractor's Use Of Premises

01025 Measurement And Payment

01035 Change Order Procedures

01040 Coordination And Meetings

01045 Cutting And Patching

01090 Reference Standards

01300 Submittals

01380 Construction Photographs

01410 Testing Laboratory Services

01500 Temporary Facilities And Controls

01526 Trench Safety Systems

01535 Tree And Plant Protection

01563 Control Of Ground Water And Surface Water

01564 Waste Material Disposal

01565 TPDES Requirements

01566 Storm Water Pollution Prevention Control

01570 Traffic Control And Regulation

01630 Product Options And Substitutions

01700 Contract Closeout

01720 Project Record Documents

02051 Abandonment Of Sanitary Sewers

02076 Remove Existing Pavements And Structures

02227 Excavation And Backfill For Utilities

02229 Utility Backfill Materials

02252 Cement Stabilized Sand

02521 Concrete Paving

02571 Pavement Repair For Utilities

02601 Precast Concrete Manholes

02603 Frames, Grates, Rings, and Covers

02607 Adjusting Manholes, Inlets, And Valve Boxes To Grades

02611 Steel Pipe and Fittings

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02620 PVC Pipe

02730 Gravity Sanitary Sewers

02732 Acceptance Testing For Sanitary Sewers

02733 Cleaning And Television Inspection

02762 Sanitary Sewer Service Stubs or Reconnections

02763 Point Repairs to Sanitary Sewers

02764 Manhole Rehabilitation

02768 Pipe Bursting/Crushing Sanitary Sewers

02769 Obstruction Removal

02790 Bypass Pumping

02920 Topsoil

02932 Hydromulch Seeding

02935 Sodding

03305 Concrete For Utility Construction

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NOTICE TO BIDDERS

Sealed proposals addressed to the City of Katy will be received at the City of Katy City Hall, 901 Avenue C, Katy, Texas 77493, attention Becky L. McGrew, City Secretary; for furnishing all necessary materials, equipment, superintendence, and labor for the construction of the FY 2026 Sanitary Sewer Rehabilitation Project until 11:00 a.m. Friday, September 11, 2026. Bids will, immediately thereafter, be publicly opened and read aloud in the City of Katy City Hall. Any bids received after closing time will be returned unopened.

The project involves rehabilitation of approximately 4,840 LF of existing 6” thru 10” sanitary sewer by pipe bursting. The project includes manhole rehabilitation, manhole installation, service line reconnections, and all labor, equipment, materials, and incidentals required for the project. This project also includes one (1) Add Alternate. Add Alternate No. 1 involves rehabilitation of approximately 1,160 LF of existing 10” thru 12” sanitary sewer by pipe bursting.

Each proposal shall be accompanied by a bid guarantee of not less than 5% of total bid amount, as a guarantee that the bidder will enter into a contract and execute the required bonds within ten days after notice of award. At the option of the bidder, the guarantee may be one of the following:

a. Cashier's check or certified check upon a national or state bank, payable to the City of Katy.

b. Negotiable U.S. Government bonds (at par value).

c. Bid bond from a surety company listed in the latest issue of U.S. Treasury Circular 570, such bid bond being within the maximum amount specified for such company in that publication.

Bids without such guarantee will not be considered.

Award of this contract will be made on the basis of the lowest responsive responsible bid and references.

The right is reserved as the interest of the Owner may require, to reject any or all bids, and to waive any informality in bids received. The successful bidder must furnish Performance Bond and Payment Bond on the forms provided in the amount of one hundred percent (100%) of the total contract price from a Surety or other Sureties acceptable to the Owner. Owner reserves the right to award the contract at any time within ninety (90) days after bid opening.

A Non-Mandatory Virtual Pre-Bid Conference will be held to review the scope of work. The Pre-Bid Conference will be held at 2:00 p.m. Thursday, September 3, 2026.

Information for joining the virtual meeting is given below:

Microsoft Teams Meeting

Meeting ID: 253 306 833 904 781

Passcode: BL3W8AN9

Equal Opportunity in Employment – all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, handicap or national origin. Bidders on this work will be required to comply with the President’s Executive Order No. 11246, as amended by Executive Order 11375, and as supplemented in Department of Labor regulations 41 CFR Part 60.

A Complete set of the bidding documents are on file at www.civcastusa.com. There is no cost to view or download the plans. Sets of 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 use.

First Publication: Thursday, August 27, 2026 Second Publication: Thursday, September 3, 2026

City of Katy City of Texas City

FY 2026 Sanitary Sewer Rehabilitation Project 1 MG Composite Elevated Water Tank at Lago Mar

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GENERAL INSTRUCTIONS TO BIDDERS

1. SCOPE OF WORK

The work to be done under the contract documents shall consist of the following:

The Contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with the contract documents.

2. COMPLIANCE WITH CONTRACT DOCUMENTS

All work covered by this Contract shall be done in accordance with the contract documents as described in the General Conditions of Agreement.

All bidders shall be thoroughly familiar with all of the requirements set forth in the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents.

3. PLANS FOR USE BY BIDDERS

It is the intent of the Owner that all parties interested in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid. The contract documents may be examined without charge as noted in the Notice to Bidders. Any party wishing to purchase a copy of the contract documents, including all plans and specifications, may do so at a charge as indicated in the

Notice to Bidders.

4. INTERPRETATION OF TECHNICAL SPECIFICATIONS, PLANS AND OTHER

DOCUMENTS

Bidders desiring additional information or clarification of technical specifications, plans or other documents must make written requests for such information to the Professional as the

Owner's representative prior to 96 hours before the deadline specified for receipt of bids.

Answers to all such requests will be given in writing, in addendum form, to all bidders, and all addenda will be bound with and become a part of the contract documents. No written or oral explanation or interpretation except that which is provided by the addenda prepared by the Professional will be considered official or binding. If the bidder should find discrepancies in or omissions from the technical specifications or plans, or should some doubt exist as to their meaning, the bidder shall notify the Professional in writing so that a written addendum may be sent to all bidders. It is the responsibility of the bidders to know if they have received all such addenda. A complete file on all addenda issued will be maintained at the Professional's office. In the event a bidder shall fail to seek clarification or interpretation of any part or portions of the technical specifications, plans or other

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documents, such bidder shall be presumed to have full knowledge of the interpretation by the

Professional.

5. CONDITIONS OF WORK

Each bidder shall fully inform himself of the construction and working conditions under which the work will be performed. Bidders shall inspect the site and thoroughly familiarize themselves with the full bid documents including technical specifications and plans. Failure to do so will not relieve a successful bidder of his obligation to perform the work in accordance with contractual requirements. It is understood that the bid prices shall include the furnishing of all superintendence, labor, material, machinery, equipment, tools, transportation, services and other means of construction, including parts, incidentals and appurtenances, as necessary to complete the work in accordance with the contract documents, technical specifications and plans.

Bidder should carefully examine the bidding documents and the site to determine the actual conditions under which work will be done. Data in the bidding documents pertaining to existing conditions is for convenience only and does not supplant obtaining firsthand information at the site. Submission of a bid constitutes acceptance by the bidder of existing site conditions as part of the requirements of this work.

6. SUBSURFACE INFORMATION

Any information provided in regard to subsurface data, test borings, etc., is to be considered approximate. Soil reports, if any, that the Professional has obtained for this project will be provided to the bidders for their use. The interpretation of soil information, results of soil borings, etc., is in no way guaranteed.

7. 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, in the opinion or judgment of the

Professional, the equivalent of or equal to 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 Professional.

The Professional has the right to require the use of such specifically designated materials, articles or processes.

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8. PREPARATION OF BID PROPOSAL

Unless otherwise directed in the Notice to Bidders, bids shall be submitted in duplicate upon forms furnished by the Owner or copies thereof. All bids shall be prepared in compliance with the requirements of the Notice to Bidders, these instructions and any instructions printed on the prescribed forms. All blank spaces in the form shall be correctly filled in, and the bidder shall state the price(s) in numerals, for which he proposes to do the work contemplated or to furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. Amounts shall be extended and totaled, and no change shall be made in the phraseology of the form or of the bid items thereon. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of 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. If optional items are shown on the bid form and the bidder elects not to bid on such optional items, then "No Bid" must be entered in the blank spaces provided. If a space is left blank on the bid form, the Owner will interpret such blank as a "No Bid".

The bidder must sign the bid proposal in ink in the space provided on the bid form; unsigned bids will not be accepted. If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. A bid submitted by a sole proprietorship must be signed by the proprietor and must clearly set out the name under which the proprietor is conducting business. If the proposal is submitted by a firm, association or partnership, then the name and address of the firm, association or partnership must be shown together with the name and address of each member, and the proposal must be signed by a member of the firm, association or partnership or other person duly authorized.

If the proposal is submitted by a company or corporation, the company or corporate name and business address, the name of the registered agent, the address of the registered office, and the names, addresses and offices of each corporate officer, must be given. Bids submitted by a corporation must be signed by an officer of the corporation having the authority to execute such documents for the corporation, which authority is granted either by the corporate charter, the by-laws of the corporation or a resolution of the board of directors of the corporation, and shall specify under what authority the proposal is signed; the proposal shall be attested to by the secretary or an assistant secretary of the corporation, and the corporate seal shall be affixed thereto.

Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal.

Each bid proposal shall be enclosed in a sealed envelope and submitted in duplicate, addressed as specified in the Notice to Bidders and bearing the bidder's name and the notation "Bid Enclosed - Proposal for FY 2026 Sanitary Sewer Rehabilitation Project”

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All Bidders are required to submit the following with their bid:

a. Bid Proposal

b. Bid Security

c. List of Subcontractors and Major Suppliers Form

d. Statement of Qualifications (Attached shall be a list of 5 representative projects completed. Each project shall have the project Owner’s name and phone number).

e. Financial Statement

f. Non-Collusion Affidavit

g. Completed Conflict of Interest Questionnaire

9. BID SECURITY REQUIRED

Each bidder is required to submit bid security in the form of a cashier's check issued by a bank satisfactory to the Owner, or a bid bond from a reliable surety company, payable without recourse to the order of the Owner, in an amount of not less than 5% of the total amount of the bid submitted as a guarantee that the bidder will enter into a contract and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him.

10. LIST OF SUBCONTRACTORS AND MAJOR SUPPLIERS

With the bid, submit a list of subcontractors for major portions of the work and major suppliers on the form provided. Give the names and addresses of the selected subcontractors and major suppliers listed in the bid proposal. Include on the list all “local” subcontractors and major suppliers. “Local” shall be defined as those subcontractors and major suppliers whose principal business location is in Harris, Waller and Fort Bend County, Texas.

11. STATEMENT OF QUALIFICATIONS

Each bid must be accompanied by a statement of the qualifications of the Bidder presenting his qualifications to properly execute the work. The statement of qualifications must include five (5) projects of similar nature and cost. The references for the project provided by the bidder must include cost of the project, Owner's name, Engineer or prime contact and telephone number. The statement of qualifications shall also include the following:

• Organization available for the work contemplated on this project:

- Available Manpower Description

- Available Equipment Description

• Equipment Resources

- Provide total list of firm’s equipment

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12. FINANCIAL STATEMENT

Each bid must be accompanied by a financial statement of the bidder as reflected by his most recently prepared statement; the financial statement submitted must be current and shall not have been prepared prior to twelve (12) months immediately preceding the date specified for receipt of bids. The financial statement shall be submitted in a sealed envelope, properly identified as to contents and project description. The bidder's financial statement will be examined only if the bid submitted is actively considered for award; otherwise, it will be returned unopened after the execution of the Contract.

13. NON-COLLUSION AFFIDAVIT

Each bidder shall execute and attach thereto, an affidavit substantially in the form provided in the Contract Documents, to the effect that he has not entered into a collusive agreement with any other person, firm, or corporation in regard to any Bid submitted

14. DELIVERY OF BIDS

It is the bidder's responsibility to deliver his bid in accordance with the instructions contained in the Notice to Bidders. Bids dispatched but not received by the date and time specified will be returned unopened upon receipt.

15. BID MODIFICATIONS

At any time prior to the deadline set for receipt of bids, a bid may be withdrawn and resubmitted by submitting a written request to do so to the person who holds the bid, but no proposal may be altered after the closing time set for receipt of bids. In addition, any bidder may modify his bid by telegraphic communication or by any available means of written or mechanically printed communication at any time prior to the scheduled closing time, provided such communication is received by the City Secretary prior to the deadline set for receipt of bids and provided further that if written confirmation of the modification, over the actual signature of the bidder, has not been delivered into the hands of the Owner prior to the closing time, the Owner is satisfied that such written confirmation, over the actual signature of the bidder, was mailed prior to the closing time as determined from an examination of the postmark. If signed written confirmation is not received within two (2) days from the closing time, no consideration shall be given to such modification. Receipt of a bid modification by any other employee, office or division of the Owner shall not constitute receipt by the

Owner, and it shall be the sole responsibility of the bidder to verify or confirm that any such modification has in fact been received by the City Secretary prior to the deadline.

16. WITHDRAWAL OF BID

At any time prior to the time set for opening of the bids, a bid proposal may be withdrawn by submitting a written request to do so to the person who holds the bid.

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17. REJECTION OF IRREGULAR OR IMPROPER BID

Any bid 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) may, at the option of Owner, be deemed irregular. In order for any such bid to be considered, any alteration, erasure or other change must be initialed by the bidder prior to submission of the bid. In addition, any bid in which the prices are obviously unbalanced or which fails in any manner to conform to the bidding procedures as set forth may be considered irregular. Any bid proposal which is deemed irregular may be rejected and returned to the bidder without being considered.

Further, any proposal containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered.

18. OWNER’S RIGHT TO REQUIRE ADDITIONAL INFORMATION

The Owner reserves the right, after the bids have been opened and before the contract has been awarded, to conduct such investigations as the Owner deems necessary to assist in the evaluation of the bids and to establish the responsibility, qualifications and financial ability of bidders, proposed subcontractors, suppliers and other persons and organizations to perform the work in accordance with the Contract Documents; and to require of a bidder additional information to aid in the evaluation of the bid and the bidders qualifications including but not limited to the following information:

(a) The experience record of the bidder and key subcontractors, suppliers and other persons showing completed jobs of similar scope and work requirements to the one covered by the proposed Contract and all work in progress with bond amounts and percentage completed;

(b) A sworn statement of the current financial condition of the bidder, key subcontractors and suppliers

(c) An equipment schedule.

19. AWARD OF CONTRACT

Unless all bids are rejected, the Owner plans to award the Contract as promptly as possible, consistent with the time required for a thorough analysis of the bids submitted. However, the

Owner reserves the right to delay award for ninety (90) days after receipt of bids. If no award is made within ninety (90) days after receipt of bids, a bidder may withdraw his bid without prejudice to himself by submitting a written request for its withdrawal to the person who holds the bid.

The contract will be awarded to the lowest responsible, responsive bidder whose evaluation by Owner indicates to Owner that the award will be in the best interest of the project. The

Contract will be awarded on the basis of all factors that are available to be judged by the

Owner and deemed by the Owner to be of the greatest advantage to it, considering the type of work involved, the length of duration thereof, the elements of the bid, history and performance of bidders in previous jobs and other factors as shall be determined by the

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Owner. Each bidder agrees to waive any claim it has or may have against the Owner, the

Professional/Engineer, and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any bid. The Owner reserves the right to reject any or all bids and to waive bid irregularities as the interest of the Owner may require. Also, the Owner reserves the right to reject the bid of any bidder if the Owner believes that it would not be in the best interest of the Project to make an award to that bidder, whether because the bid is not responsive or the bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the

Owner. Discrepancies in 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 there of will be resolved in favor of the correct sums.

20. BOUND COPIES OF CONTRACT DOCUMENTS

The Agreement, Bonds and all related contract documents will be prepared and signed in not less than four (4) multiple original counterparts. Each set of contract documents shall be bound and shall include the following:

a. Notice to Bidders;

b. General Instructions to Bidders;

c. Subcontractors and Major Suppliers Form;

d. Federally Required Contract Clauses

e. Bid Proposal;

f. Performance Bond;

g. Payment Bond;

h. Standard Form of Agreement;

i. One Year Maintenance Bond;

j. Conflict of Interest Questionnaire;

k. Form 1295 Texas Ethics Commission Certificate of Interested Parties;

l. Insurance Certificate;

m. General Conditions of Agreement, including all Attachments;

n. Special Conditions;

o. Technical Specifications (including plans and drawings); and

p. All other addenda and documents made available to bidder in accordance with the

The Owner will furnish the Contractor with three (3) copies of conforming contract documents, technical specifications, and plans free of charge. Additional copies, if needed, can be obtained from the Professional at the amount indicated in the Notice to Bidders. Plans and specifications for use during construction will only be furnished directly to the

Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others as required for proper prosecution of the work contemplated by the Contractor.

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21. TEXAS STATE SALES TAX

This Contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Tex. Tax Code §§ 151.301, 151.307, 151.309 and 151.311.

The Contractor must obtain a limited-sales, excise and use tax permit or exemption certificate which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase.

22. INSURANCE

The Contractor shall not commence work under this Contract until he has obtained all insurance as required in the General Conditions of Agreement, set forth in the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the Owner. Proof of coverage shall be furnished to the Owner and written notice of cancellation or any material change shall be provided to the Owner not less than thirty (30) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation.

The insurance certificates furnished shall name the Owner, the Professional/Engineer, their agents and employees, as an additional insured and shall further state that all subcontractors are named as additional insured, or, in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted.

23. CONTRACTOR'S REPRESENTATIVE

The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this Contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this Contract is in progress.

24. TIME AND ORDER FOR COMPLETION

The construction covered by the contract documents shall commence within ten (10) days after written Notice to Proceed shall have been given by Professional and be completed within the number of calendar days indicated on the Bid Proposal starting from the date specified in the Notice to Proceed. No additional calendar days will be included if Add

Alternate No. 1 is awarded.

Failure of the CONTRACTOR to complete the work within the contract time, including any extensions granted shall entitle the OWNER to deduct from the money due to the

CONTRACTOR an amount equal to $500.00 for each calendar day of delay in completion of the work, not as a penalty, but as liquidated damages and added expense for supervision.

The CONTRACTOR will be permitted to prosecute the work in the order of his own choosing unless stated otherwise in the Contract Documents, provided, however, the

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OWNER reserves the right to require the CONTRACTOR to submit a progress schedule of the work contemplated by the contract documents. In the event the OWNER requires a progress schedule to be submitted and it is determined by the OWNER that the progress of the work is not in accordance with such schedule, the OWNER may direct the

CONTRACTOR to take such action as the OWNER deems necessary to ensure completion of the project within the time specified.

25. WORKING HOURS

All construction work under this contract shall be performed between the hours of 7:00 a.m.

and 7:00 p.m., Monday through Friday unless specific authorization is granted by the project representative after obtaining Owner’s concurrence, or unless extension of working hours is necessary either to avoid lengthy interruption of utility service to the Owner’s customers, or due to an emergency situation.

Construction work under this Contract requiring an on-site project representative or diversion pumping will not be performed on weekends or holidays unless the following conditions exist:

(a) The project being constructed is essential to the Owner's ability to provide the necessary service to its customers/citizens; or

(b) Delays in construction are due to factors outside the control of the Contractor. The

Contractor is approaching the penalty provisions of the Contract and can show that he has made a diligent effort to complete the Contract within the allotted time.

Before construction work requiring a project, representative is to be performed on weekends or holidays, the Contractor must notify the Owner's representative not less than three (3) full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner to do such work. The final decision on whether to allow construction work requiring a project representative on weekends or holidays will be made by the Owner. When such work is permitted, Contractor shall credit the Owner $100.00/hour by change order for providing site representation services on weekends or Legal Holidays.

The Contractor will not be permitted to work on any Holidays observed by the City. The

Contractor may request a list of the official City holidays at the pre-construction conference.

Construction work requiring a project representative will be any work where excavation, installation of pipes, materials, backfill, wastewater diversion pumping, or paving surface material installation is occurring and any work where investigation processes or testing processes are occurring or are required.

In any event, if a condition should occur or arise at the site of this project or from the work being done under this Contract which is hazardous or dangerous to property or life, the

Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life.

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26. MATERIALS AND WORKMANSHIP

The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until completion of the project and acceptance by the Owner. The presence or absence of a representative of the

Owner on the construction site will not relieve the Contractor of full responsibility for complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project.

27. GUARANTEES

All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the

Contractor shall furnish the Owner with a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, at no cost to the Owner, and pay for any and all damages of any nature whatsoever resulting from such defects when such defects appear as a result of defective materials or workmanship within one (1) year from the date of final acceptance of the work. This will be in addition to the required One Year Maintenance

Bond.

28. PROTECTION OF THE WORK

The Contractor shall be responsible for the care, preservation, conservation and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities and all means of construction, and any and all parts of the work, whether the Contractor has been paid, partially paid or not paid for such work until the date the Owner issues its certificate of completion to the Contractor.

29. PROTECTION OF SUBSURFACE LINES AND STRUCTURES

It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The Owner will furnish Contractor with the approximate location of

City owned utility lines of which it has knowledge. However, such fact shall not relieve the

Contractor of his responsibilities aforementioned; the location and depth of utilities shown on any drawings must be regarded as approximate, and it shall be the responsibility of the

Contractor to determine for himself the exact location and depth of any utilities which exist in the project site. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this Contract shall be repaired immediately by Contractor, at Contractor's expense, to the satisfaction of the Owner.

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30. BARRICADES AND SAFETY MEASURES

The Contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary.

The Contractor will be held responsible for all damage to the work due to failure of barricades, signs and lights to protect it; and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The

Contractor's responsibility for maintenance of barricades, signs and lights shall not cease until the date of issuance to Contractor of the Owner's certificate of acceptance of the project.

The Contractor will be held responsible for all damage to the work which may occur prior to final acceptance by the Owner regardless of the adequacy of protective barricades and lighting, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense.

31. EXPLOSIVES

The use of explosives will not be permitted.

32. PAYMENT OF EMPLOYEES

The Contractor and each of his subcontractors agree to pay all employees engaged in work on the project under this Contract in full (less mandatory legal deductions), and further agree that no such employees shall look to the Owner for payment of wages or compensation earned by reason of such work. Minimum wage rates are contained in the General

Conditions of the Contract.

33. PAYMENT TO CONTRACTOR

All payments due to Contractor shall be made in accordance with the provisions of the

General Conditions of Agreement of the contract documents.

34. AFFIDAVITS OF BILLS PAID

The Owner reserves the right, prior to final acceptance of this project or with the project’s pay estimate submitted each month, to require the Contractor to execute an affidavit certifying that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending of which the Contractor has been notified.

35. QUESTIONS

Submit questions about bidding documents to the Engineer/Professional. Inquiries are permitted until ninety-six (96) hours prior to bid opening. Necessary replies will be issued to bidders of record as addenda, which become a part of the bidding documents. Oral

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instructions do not form a part of the bidding documents. Bidders should contact the

Engineer/Professional not less than 48 hours before bid opening to secure any addenda that may affect bidding.

36. SUPPLEMENTAL PAY ITEMS AND MINIMUM UNIT PRICE BID ITEMS

Approximate quantity and a minimum unit price have been established for some supplemental items and for some base bid items shown in the bid proposal section. The

Contractor may not bid a unit price less than the minimum value; however, he may increase the minimum unit price. If no entry is made in the spaces provided, the minimum unit prices shown shall apply. The supplemental pay items are included to facilitate payment for changes and alterations that may be required to complete work. The actual work as provided by the General and Special Conditions of the Agreement and Technical Specifications and as shown on Plans is described in Proposal items other than supplemental pay items. When work covered by supplemental items is requested by the Contractor and approved by Owner, payment will be based on the quantity actually constructed and unit prices bid in the

Proposal.

37. TEC FORM 1295

Effective January 1, 2016, pursuant to Texas Government Code § 2252.908 (the “Interested

Party Disclosure Act” or the “Act”), the City may not award the contract to a bidder unless the bidder has provided to the City a completed, signed and notarized 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 (https://www.ethics.state.tx.us/tec/1295-Info.htm), assigned a certificate number, printed, signed and notarized, and provided to the City. The TEC Form

1295 must be provided to the City prior to the execution of the contract.

38. Compliance with 2270.002 of the Texas Government Code.

As required by Section 2270.002 of the Texas Government Code, Contractor hereby verifies that he does not boycott Israel and will not boycott Israel during the term of this Contract.

For purposes of this Contract, the phrase “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 in an Israeli-controlled territory, but does not include an action made for ordinary business purposes.

39. Compliance with Texas Government Code Chapter 2252 Subchapter F. Pursuant to Section

2252.152 of the Texas Government Code, Contractor hereby verifies that it is not engaged in active business operations with Sudan, Iran, or a foreign terrorist organization. For purposes of this Contract, the phrase “foreign terrorist organization” means an organization designated as a foreign terrorist organization by the United States secretary of state as authorized by 8

U.S.C. Section 1189.

GIB-13

40. The bidders shall submit bids for the Add Alternate. The City will evaluate the bids and recommend award of the Add Alternate based on available budget and what is most advantageous to the City. The City reserves the right not to award the Add Alternate for the project.

NON-COLLUSION

AFFIDAVIT

(TO BE SUBMITTED WITH THE BID)

STATE OF TEXAS}

COUNTY OF HARRIS}

BEFORE ME, the undersigned authority, on this day personally appeared

____________________________________, known to me to be the person whose name is subscribed to the following, who upon oath, says:

I am the Manager, Secretary or other agent or officer or Principal of the Bidder in the matter of the bids to which this affidavit is attached, and I have full knowledge of the relations of the Bidder with the other firms in this same line of business, and the Bidder is not a member of any trust, pool or combination to control the price of supplies bid on, or to influence any person to bid or not to bid thereon.

I further affirm that the Bidder has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted bid.

Affliant

SWORN TO AND SUBSCRIBED BEFORE ME by the above Affliant, who on oath states that the facts contained in the above are true and correct, this _________ Day of _____________________, 20

Notary Public in and for

________________________County, Texas

Name of Bidder __________________________________

Signed by_______________________________________

(Sign Name in Writing) ( Title)

Address________________________________________

(Zip Code)

Telephone Number: _________________ Date: _________

The City of Katy does not discriminate on the basis of race, color, national origin, sex, religion, age, or disability in employment or in the provision of services.

SUBCONTRACTORS AND MAJOR SUPPLIERS FORM

LIST OF SUBCONTRACTORS AND TYPE OF WORK TO BE PERFORMED:

1.

2.

3.

4.

LIST OF LOCAL SUBCONTRACTORS:

(PRINCIPAL BUSINESS LOCATION IN HARRIS, WALLER OR FORT BEND COUNTY)

1.

2.

3.

4.

LIST OF MAJOR SUPPLIERS:

1.

2.

3.

4.

LIST OF LOCAL MAJOR SUPPLIERS:

(PRINCIPAL BUSINESS LOCATION IN HARRIS, WALLER OR FORT BEND COUNTY)

1.

2.

3.

4.

BP-1

BID PROPOSAL

BID FOR UNIT PRICE CONTRACT

DATE:

Proposal of:

(Hereinafter called “Bidder”)

PLACE: DATE: PROJECT NO.

TO: THE HONORABLE MAYOR AND CITY COUNCIL

CITY OF KATY, TEXAS

(Hereinafter called "Owner")

The Bidder, in compliance with your invitation for bids for the construction of:

having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials and supplies and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the prices stated in Exhibit "A" attached hereto.

The Bidder binds himself, upon acceptance of his proposal, to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated herein and for the prices stated in Exhibit "A" of this proposal.

Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within

90 calendar days for the Base Bid work and any Add Alternate bid work (if awarded by the

City) as stated in the General Instructions to Bidders thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $500 for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as set forth in the General Conditions of

Agreement.

The following unit prices are bid and shall be complete compensation as measured in place for all materials, labor, overhead, profits and any other cost that is necessary to complete the job to the Engineer’s/Professional’s specifications and satisfaction. It is also understood that the quantities shown are only an estimate of the work to be done. No re-negotiation of prices bid will be made for over runs or under runs of quantities.

BP-2

Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with the General Instructions to Bidders.

Bidder understands that the Owner reserves the right to reject any or all bids, use deductible bid items and to waive any formality in the bidding.

Bidder agrees that this bid shall be good and may not be withdrawn for a period of ninety (90) calendar days after the scheduled closing time for receiving bids.

Bidder acknowledges receipt of the following addenda:

1. 3.

2. 4.

The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed and to substantially complete the work on which he has bid, as provided in the contract documents.

Enclosed with this proposal is a cashier's check or certified check for

Dollars ($ ) or a bid bond in the sum of ($ ) as which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bonds (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise said check or bond shall be returned to the undersigned upon demand.

Unit Prices are to be shown in Figures. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum there of will be resolved in favor of the correct sum.

The unit prices shall include all labor, materials, dewatering, shoring, removal, overhead, incidental costs, fees, profit, insurance, etc., to cover the finished work of the several kinds called for.

BP-3

Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the

Bidder

By:

Signature

Type or Print:

Bidder’s

Name:

Bidder’s

Address:

(If Bidder is a Corporation):

Attest:

Secretary

Name of

(Corporate Seal) Person Signing:

Office Held:

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