RFB 27-1202 TBD Underwater Stump Cutting Bid Documents .pdf

Request for Bids

RFB #27-1202

Toledo Bend

Underwater Stump Removal

August 2026

Authority General Office 12777 Hwy. 87 N.

Orange, TX 77632

409.746.2192

Toledo Bend Division 450 Spur 135

Burkeville, TX 75932

409.565.2273

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Table of Contents

Notice to Bidders

General Information and Instructions

Execution of Agreement

Scope of Work and Technical Specifications

Bid Proposal

Bid Bond

Bid Opening

Vendor Certification to State Law

Bonding Company Information

Non-Collusion Affidavit

Form W-9 Request for Taxpayer Identification Number and Certification

Conflict of Interest Questionnaire Form

Prevailing Wage Rates

Special Provisions General Conditions

General Conditions

Special Conditions of the Agreement

Agreement

Performance Bond

Payment Bond

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Notice to Bidders

The Sabine River Authority of Texas (SRA) is seeking bids for labor, materials, and equipment to perform the following project:

RFB 27-1202

Sealed bids for the construction of the Project will ONLY be received electronically at www.CivcastUSA.com by September 03, 2026, at 2:00 pm local time. At that time the Bids received will be publicly opened and read at the Sabine River

Authority’s General Office, 12777 TX-87 Orange, TX 77632.

A non-mandatory pre-bid meeting will be held at the Toledo Bend Division Office at

450 Spur 135 Burkeville, TX, 75932 on Tuesday, August 25, 2026, at 10:30 a.m. to make certain that the scope of work is fully understood. All interested parties are requested to attend.

The Sabine River Authority reserves the right to adopt the most advantageous interpretation of the bids submitted in the case of ambiguity or lack of clarity in stating proposal prices, to reject any or all bids, and/or waive any formalities.

Contract documents may be obtained by downloading (1) from www.sratx.org under doing business “bid opportunities” or (2) from CIVCAST USA Website. Hard copies of plans will not be made available for purchase.

Questions regarding contract documents may be emailed to purchasing@sratx.org or directed to Stephanie Stanley at 409.746.2192.

http://www.civcastusa.com/ mailto:purchasing@sratx.org

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General Information and Instructions

This Request for Bid is to provide labor, materials, and equipment to perform underwater stump removal in the boat lanes on the Texas side of Toledo Bend for the Sabine River Authority of Texas

(SRA) Toledo Bend Division Office in Newton County, Texas. A detailed scope of work and specifications are provided later in this package.

Below is the calendar of events associated with this request:

Date Description

August 13, 2026 First publication date for Notice to Bidders

August 20, 2026 Second publication date for Notice to Bidders

August 25, 2026, at 10:30 a.m. Pre-Bid Conference at SRA Toledo Bend Division Office 450 Spur 135 Burkeville, TX, 75932

August 27, 2026, at 5:00 p.m. Last date and time to ask questions or request additional information.

Email questions to purchasing@sratx.org

August 28, 2026 Responses to questions distributed as an addendum to the bid package.

September 03, 2026, at 2:00 p.m. Bids will be opened and read out loud at:

SRA Authority General Office

12777 TX-87

Orange, TX, 77632

September 2026 Anticipated time frame for commencement of services

At the Sabine River Authority of Texas, our goal is to purchase goods and services that are determined to be the best value to meet our business needs. We support open, fair, and unrestricted competition in selecting products and services with equal opportunity provided to all qualified parties including small business enterprises, Historically Underutilized Businesses, and Disadvantaged Business enterprises.

Preparation of Bids

Sealed bids shall be prepared and submitted in compliance with the specifications outlined in this

Request for Bid package and the Notice to Bidders. All blank places on the Bid Proposal form must be filled in as noted, in ink (except for price extensions and totals), and no changes shall be made in the phraseology of the forms or of the items mentioned therein. No changes shall be made in any prices which may be prescribed for specific bid items.

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All lump sum and unit prices must be stated in both words and figures; however, do not extend your unit prices. That function will be performed by SRA. If you extend the unit price bid, the extension amount will be ignored in determining the low bidder.

In case of any discrepancy between the written amounts and the figures, the written amounts shall govern. For those items of the proposal containing two or more alternate materials, equipment, or methods, the Bidder will select the material, equipment, or method bid by crossing out the remaining materials, equipment, or method, or by listing, circling, or checking the selected method if so indicated. Any Bid may be deemed irregular which contains any omission, erasure, alteration, addition, irregularity of any kind, or item not called for, or which does not contain prices set opposite to each of the several items in the Bid Proposal or in which any of the prices are obviously unbalanced or which shall in any manner fail to conform to the conditions set forth in this request for bid. No qualifying statements shall be included in the Bid Proposal, or in an accompanying letter, unless specifically called for. Such statements will be cause for rejection of the Bid.

To be valid, all Bids must be manually signed in ink by an authorized person in the blank space provided on the Bid Proposal form. By such signature, the Bidder agrees to strictly abide by the terms, conditions, and scope of work herein. To ensure consideration, the Bid must be enclosed in a sealed envelope and labeled as described in the Notice to Bidders. The Bid shall be accompanied by the required information as indicated in this Bid package.

Pre-Bid Conference

A Pre-Bid Conference between the SRA, prospective Bidders, suppliers, etc. will be held to make certain that the scope of work is fully understood. To answer questions as a result of the Pre-Bid

Conference, an addendum will be issued subsequent thereto. The Pre-Bid Conference will be held at the location and time as identified in the Notice to Bidders and the Bid Package.

Interpretation of Contract Documents, Technical Specifications, and Drawings

Bidders desiring further information or interpretation of the contract documents, technical specifications, and drawings must make request for such information in writing to the purchasing representative. The email address to submit these questions is: purchasing@sratx.org. Such requests should be received five (5) days prior to the date for the Bid opening. The purchasing representative will direct any inquiries to the appropriate SRA personnel, and any answers to such requests will be given in writing to all Bidders, in addendum form, and all addenda will be bound and made a part of the contract. No other explanation or interpretation will be considered official or binding. Should a

Bidder find discrepancies in, or omissions from the contract documents, technical specifications, or drawings, or should he be in doubt as to their meaning, he should at once notify the purchasing representative in order 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, complete files of which will be maintained at both the Authority General Office and the Toledo Bend Division Office.

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Examination of Contract Documents and Site

In preparation of the Bid for the project, consideration must be taken to examine contract documents, make observations and investigations, and correlate knowledge and observations with the requirements set forth such as:

a. Read the contract documents and related technical data and reports thoroughly. Use the complete set of contract documents in preparing bids. Assume responsibility for errors or misinterpretations resulting from the use of partial or incomplete contract documents.

b. Visit the site to become familiar with general, local, and site conditions that may affect cost, progress, or performance of the work in any manner.

c. Become familiar with federal, state, and local laws, ordinances, rules and regulations affecting cost, progress, or performance of work.

Surveys and investigation reports of latent physical conditions at the site, or conditions or situations affecting the design of the project used in preparing the contract documents are referenced in the supplementary conditions.

a. These reports are available for information only and the SRA does not guarantee their accuracy or that any opinions expressed in the report are correct.

b. Make additional surveys and investigations as necessary to determine the bid price for performance of the work in compliance with the terms of the contract documents before submitting a bid.

c. The cost for these investigations is to be paid by the bidders.

Acknowledge sole responsibility for job site safety, including trench excavation and confined space entry safety, by the submission of a Bid for this project. The submission of a Bid is incontrovertible representation by the Bidder that he has complied with every requirement of this section.

Bid Security

As a guarantee that the Bidder will promptly enter into a contract and execute both performance and payment bonds on the forms included in the contract documents if awarded the contract, the Bidder must meet the following bid security requirements. If the Bid proposal exceeds $50,000 up to

$100,000, the Bidder must submit a bid security in the amount of two (2%) percent of the amount of the maximum total bid in the form of a certified or cashier’s check. If the Bid exceeds $100,000, the

Bidder must submit a bid security in the amount of five (5%) percent of the amount of the maximum total bid in the form of an approved Bidder’s Bond underwritten by a surety authorized to conduct business in the State of Texas.

Qualification Statement of Bidder

Bidders must submit documentation within five (5) days of SRA’s request to demonstrate that the contractor is qualified by experience and capability of successfully executing the contract within the contract time and for the contract amount. The following information should be included:

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a. Qualifications and experience of the Bidders, including key personnel to be assigned to the project.

b. Qualification and experience of subcontractors.

c. Qualifications of manufactures proposed to furnish the principle items of material or equipment.

d. Financial data consisting of audited financial statements for the last five years.

e. Previous experience and present contracts.

f. List of available equipment.

g. Evidence of authority to conduct business in the jurisdiction where the project is located.

The SRA may conduct investigations as considered necessary to establish the responsibility, qualifications, and financial ability of the Bidders, proposed subcontractors, and other persons or organizations to do the work as described. The SRA may reject the Bid of any Bidder who does not meet any such evaluation to our satisfaction.

Conflict of Interest

Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local government entity (i.e. Sabine River Authority) must disclose in the Conflicts of Interest

Questionnaire Form (CIQ) the person’s affiliation or business relationship that might cause a conflict of interest with the local government entity. By law, the CIQ must be filed with the SRA Records

Management Officer no later than seven (7) days after the date the person begins contract discussions or negotiations with the SRA, or submits an application or response to a Request for Bids, correspondence, or another writing related to a potential agreement with SRA. Updated

Questionnaires must be filed in conformance with Chapter 176.

A copy of the CIQ is attached. If you have any questions about compliance, please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 carries a penalty up to a Class A misdemeanor.

Unit Price and Quantities

The unit price for each of the 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 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.

Unless stated otherwise in this Bid package, the SRA is obligated during the period stipulated to purchase all its normal requirements from the successful Bidder and the Bidder is obligated to supply the quantities which the SRA requires. The quantities stated are given as a general guide for bidding but are not guaranteed amounts, they represent the best estimated usage. The SRA reserves the option to purchase more or less of those services at the Bid price.

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Sales Tax

SRA is exempt by law from payment of Texas State Sales and Use Tax Laws and Federal Excise Tax.

The Bidder shall not include such taxes in the Bid.

Contract Time

The commencement and completion time for the project shall be as stipulated in the Bid proposal.

Wage Rates and Employment Qualifications

The Bidder’s attention is called to the fact that not less than the federally determined prevailing

(Davis-Bacon and Related Acts) wage rate as contained in the contract documents must be paid on this project.

Modification or Withdrawal of Bids

Any modifications or withdrawals to Bid submissions which occur prior to the Bid opening can be done upon written request to SRA. Modified Bids must still be submitted before the Bid opening and meet all stated requirements. Modifications cannot be made to any Bid submission after the Bid opening. No Bid may be withdrawn for a period of ninety (90) days after Bid opening, except by mutual consent of SRA and the Bidder.

Time for Receiving Bids

Bids received prior to the advertised hour of opening will be kept securely sealed. The representative appointed to open the Bids will decide when the specified time has arrived, and no Bid received thereafter will be considered.

Required Bid Response Documents

The following documents are required to be completed and be considered as a responsive bidder to this request for bid.

a. Bid Proposal document completed and signed as described above.

b. Bid Bond

c. Bid Opening Form – This form is to be completed which will be read publicly at the public bid opening.

d. Vendor Compliance to State Law Form

e. Bonding Company Information – Identification of bonding company to be used for performance and payment bonds in the event of being awarded as successful Bidder.

f. Non-Collusion Affidavit

g. Form W-9 Request of Taxpayer Identification Number and Certification

h. Conflict of Interest Questionnaire Form

i. Additional items as stipulated in the request for bid

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Opening of Bids

The SRA will, at the time and placed 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 at the public bid reading.

Representation

By executing and submitting a Bid, the Bidder hereby represents and warrants to SRA that the Bidder has read and understands the Bid documents and the Bid is made in accordance with the Bid documents. The Bidder also represents and warrants that the individual submitting the documents made part of the bid response is authorized to sign such documents on behalf of the Bidder and to bind the Bidder under any contract that may result from the submission of the response.

Confidentiality of Documents

The SRA is subject to the Texas Public Information Act (PIA). Any information submitted to the SRA by the Bidder shall be considered non-confidential and available to the public, except as follows:

In the event a Bidder considers a specific portion of their Bid to be confidential and subject to an exception to disclosure under the PIA, such portion must be clearly identified and marked

“CONFIDENTIAL”. Do not mark an entire proposal confidential, as this is not in conformance with the

PIA and is not acceptable. Only the specific portion or portions of the Bid that the Bidder considers to be confidential pursuant to the PIA should be marked. IF AN ENTIRE BID IS MARKED

CONFIDENTIAL, THE SRA WILL NOT TREAT ANY PORTION OF THE BID AS CONFIDENTIAL AND

THE BID MAY BE REJECTED AS NON-CONFORMING. The SRA will honor notations of confidentiality in accordance with this paragraph and decline to release such information initially; however, final determination of whether a particular portion of a Bid may in fact be withheld pursuant to the PIA will be made by the Texas Attorney General or a court of competent jurisdiction.

In the event a public information request is received for a portion of a Bid that has been marked confidential, the SRA will ask the affected Bidder if the information may be released. If the release is agreed to, the SRA shall release the information.

If the release is denied, the matter shall be referred to the Texas Attorney General’s Office in accordance with the process set forth in the PIA. The Bidder shall be fully and solely responsible for submitting arguments and evidence within the statutory timeframes to the Texas Attorney General’s

Office regarding its claim of confidentiality. The SRA will NOT submit arguments on behalf of the

Bidder.

The Texas Attorney General’s Office shall rule on the matter. In the event that it is determined by opinion of the Texas Attorney General or court of competent jurisdiction that such information may not be withheld, then such information will be made available to the requestor. If it is determined that the information may be withheld, SRA will withhold the information from the requestor.

Pricing information contained in bids or contracts is not considered confidential under the PIA and will be disclosed without making a request to the Texas Attorney General.

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Award of Contract

Unless SRA elects to reject all Bids, the contract will be awarded as promptly as possible, consistent with the time required for a thorough analysis of all Bids submitted. Bidders are required to hold bids for the minimum time frame as stipulated in this Request for Bid. The award will be made to the lowest responsive, responsible Bidder or to the Bidder who provides goods or services at the best value for

SRA.

In determining the best value for SRA, the following may be considered:

a. The amount bid;

b. Reputation of the bidder and the bidder’s goods or services;

c. Quality of the bidder’s goods or services;

d. Extent to which the goods or services meet the needs of SRA;

e. Bidder’s past relationship with SRA;

f. Total long-term cost to SRA to acquire the bidder’s goods or services;

g. Bidder’s past experience in performing similar work;

h. Bidder’s financial record indicating the stability of the bidder;

i. Bidder’s history of successfully completing projects; and

j. Any relevant criteria specifically listed in the request for bids or proposals.

Each Bidder agrees to waive any claim it has or may have against the Owner, Engineer, and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any Bid.

Final Resolutions of Disputes

All disputes arising under this contractor or its interpretation except those disputes covered by Federal Labor Standards provisions whether involving law or fact or both, or extra work, and all claims for alleged breach of contract shall, within ten (10) days of commencement of the dispute, be presented by the Contractor to the Owner for decision. Any claim not presented within the time limited specified in this paragraph shall be deemed to have been waived, except that if the claim is of continuing character and notice of the claim is not given within ten (10) days of its commencement, the claim will be considered only for a period commencing ten days prior to the receipt of the Owner.

The contractor shall submit in detail his claim and his proof thereof. If the contractor does not agree with any decision of the Owner, he shall in no case allow the dispute to delay the work but shall notify the Owner promptly that he is proceeding with the work under protest. Venue for disputes shall be exclusively in Orange County, Texas and none other.

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Execution of Agreement

Upon award to the successful Bidder, the following conditions and requirements are part of the execution of the agreement by the Contractor as specified herein.

Insurance Requirements

The Contractor shall, at their sole expense, maintain insurance coverage as outlined in the General

Conditions. The Contractor must provide proof of the required insurance coverage and obtain approval from SRA prior to entering into the contract.

Performance and Payment Bonds

The Contractor must provide performance and payment bonds for this contract as stated herein.

Performance Bond: By State statute, local governments must require a performance bond from all contractors where such contracts involve construction, alteration, or repair of buildings or other public works projects in excess of $100,000.00. Such bonds must be executed by a corporate surety authorized to do business in the State of Texas in accordance with Article 7.19-1 Bond of Surety

Company; Chapter 7 of the Insurance Code, must be for not less than one-hundred percent (100%) of the contract price, and remain in effect for one year beyond the date of acceptance by the Owner.

Performance bonds are conditioned upon “the faithful performance of the work in accordance with the drawings, specifications, and contract documents". These are in effect performance guarantees to assure completion of construction. These bonds are solely for the protection of the Owner.

Payment Bond: A payment bond is one executed in connection with a contract (construction, alteration, or repair) to assure payment as required by law to all persons supplying labor and materials in the execution of work provided for in the contract. These bonds are required solely for the protection of all such claimants. These, like performance bonds, must be issued by a State approved corporate surety in accordance with Article 7.19-1 Bond of Surety Company; Chapter 7 of the Insurance Code, must also be for not less than one hundred percent (100%) of the contract price, and remain in effect for one year beyond the date of acceptance by the Owner. The $25,000.00 State requirement (i.e., all contracts over that amount will require the Owner to have one hundred percent

(100%) payment bonds) is also the same.

Failure of the successful Bidder to execute such an Agreement and to supply the required bonds within ten days after the prescribed forms are presented for signature, or within such extended period as the Owner may grant, based upon reasons determined sufficient by the Owner shall constitute a default, and the Owner may either award the Contract to the next lowest responsible

Bidder or re-advertise for bids, and may charge against the Bidder the difference between the amount of the bid and the amount for which a contract for the work is subsequently executed, up to the amount of the Bid Bond. If a more favorable bid is received by re-advertising, the defaulting Bidder shall have no claim against the Owner for a refund.

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Equal Opportunity

Sabine River Authority provides for equal opportunity for all qualified parties including Veteran Owned Business. If your organization or any associated sub-contractor on the project area is a certified Veteran Owned Business with the State of Texas, please submit documentation of the certified organization, including description of the work, percentage of the contract expected to be completed, and the certification number.

Executed Documents

Agreement and Bonds will be prepared in not more than six counterpart (original signed) sets. SRA will furnish Contractor three sets of conforming contract documents, technical specifications, and drawings free of charge. Any additional sets will be obtained at commercial reproduction rates.

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Request for Bids – Scope of Work

Toledo Bend Underwater Stump Removal

General

Furnish all labor, materials, tools, and equipment to remove underwater stumps.

Scope of Services

Work shall conform with the provisions of the General Conditions, the Special Conditions of the

Agreement, the Bid, and the Agreement. The work to be performed is described in general, non-inclusive terms and includes furnishing all labor, materials, and equipment necessary to complete project. This contract shall provide for underwater stump removal for the Sabine River Authority of

Texas (SRA) at the Toledo Bend Division Office in Newton County, Texas.

General Specifications for the Underwater Stump Removal:

In preparing a bid the following specifications shall apply:

- Stumps are to be cut to a minimum of 160' msl elevation.

- Assuming cut stumps sink to the bottom of the reservoir, they will be allowed to do so with no further effort required.

- Should a cut stump float, it must be collected and bundled and SRA forces will assist in removing any cut "floaters" from the reservoir.

- Upon completion provide SRA a GIS shape file indicating the exact position of every stump that was cut.

Location maps are included with this scope of work to identify areas that the SRA has identified for the removal programs. These are reference locations only for bid purposes, and locations may be added or revised during construction. More detailed information will be provided at the time of construction.

Bidder shall include with the proposal a detailed description of its process for locating, cutting and removing the stumps.

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TECHNICAL SPECIFICATIONS

PART 1 – SCOPE OF WORK

1.1 General Statement

1.1.1 It is the intent of the Contract Documents to describe to the Contractor the complete work to be performed under this contract, and to briefly set forth the minimum requirements for materials, equipment, labor, and workmanship which are considered essential to meet design requirements and the desired end product which are compatible with accepted standards for this type of work.

1.1.2 It is also the intent of the Contract Documents, to define the scope, configuration, and quality of the completed project. The Contractor shall clearly understand, and he agrees, that any and all items of work required for the project shall be completed in a workmanlike manner by skilled and competent workmen, in the scope indicated and as intended by the Owner.

1.2 Project Location & Details

1.2.1 The project staging area will be at various locations along the shoreline of Toledo Bend Reservoir and/or the Sabine River Authority of Texas – Hemphill Shop located at 2699 Palo Gaucho Crossing, Hemphill TX 75948.

1.2.2 The purpose of this project is to locate and remove wood tree stumps and submerged debris from the

Texas side boat lanes at Toledo Bend Reservoir. The boat lanes are marked with floating buoys which are maintained by SRA personnel. The contractor shall cut and remove tree stumps to the minimum depth of 160’msl (or 12 feet below current lake level, whichever is greater) in boat lanes identified by

SRA.

1.2.3 The contractor shall submit a unit price bid (per each stump) to remove tree stumps within the identified areas of the Toledo Bend boat lanes on the Texas side. Final quantities of tree stumps removed may be adjusted up or down in accordance with the total contract budget costs. The contractor should include in his fixed bid price all costs for the equipment, fuel, and manpower according to the estimated quantities.

The Owner reserves the right to change the scope of work or project duration as necessary based upon the funds available for the project. It is anticipated that this project will be completed in 150 working days.

1.2.4 The contractor shall coordinate and perform all work on this project with SRA personnel so that access to the reservoir’s facilities is maintained at all times. The existing TBD Hemphill facilities may be used as a weekend staging area for equipment used in the stump removal operation. The Contractor shall provide all fuel and lubricants as necessary to operate any floating barges with cranes or marine vessels that are to be used for the project. Contractor shall provide all equipment necessary for fueling operations for this project. Contractor shall be allowed to moor barge and equipment ON THE NEAREST TEXAS BANK, THAT IS NOT PRIVATELY OWNED or LEASED. The barge and equipment shall be secured and anchored, and Contractor shall assume all liabilities for the equipment being unattended overnight.

1.2.5 The project involves clearing the wood tree stumps and miscellaneous floating wood debris from the boat lanes on the western shoreline (Texas side) of Toledo Bend Reservoir.

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1.2.6 The equipment used for this project must be capable of cutting off the stumps in deep water to the depth of minimum 160’ msl elevation, which is 12’ below the conservation pool elevation of 172’ msl. The cutting system utilized shall not disturb the bottom of the lake –root balls at the lake bottom to remain.

1.2.7 SRA will identify the boat lanes in which the Contractor is to locate and remove tree stumps. SRA will provide the Contractor with a GIS-capable GPS mapping device, which the Contractor shall use to record the exact location of every stump cut. The number of stumps removed shall be tallied and logged daily throughout the project. Upon completion of the project, the Contractor shall return the GPS mapping device to SRA with all recorded stump locations intact.

1.2.8 The contractor is expected to perform at a removal rate of minimum 150 tree stumps per day to complete the work within the project’s schedule. Time is of the essence to complete the stump removal work prior to the reservoir filling to full pool elevation over the next few months. The successful Contractor will be expected to begin work as soon as possible and complete the project in a timely manner.

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BID PROPOSAL

Place: Burkeville, Texas

Date:

Proposal of hereinafter called Bidder, (a corporation organized under the laws of the State of ) (partnership consisting of )

(a proprietorship) (strike out inapplicable references).

To: Sabine River Authority of Texas, Orange County, Texas; (hereinafter called Owner):

The Bidder, in compliance with your request for proposals for the herein referenced construction, having examined the contract documents, drawings and related documents and being familiar with all of the conditions surrounding the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies within the time set forth herein, and at the prices stated below. These prices are to cover all expenses incurred in performing the work required under the Contract Documents, of which this proposal is a part.

Bidder hereby agrees to commence work under this contract on or before a date to be specified in a written “Notice to Proceed” from the Owner and to fully complete the project within 150 consecutive calendar days thereafter as stipulated in the contract documents. Bidder further agrees to pay as liquidated damages the sum of $300 for each consecutive calendar day thereafter as provided.

Bidder acknowledges receipt of the following addenda:

Addendum No. 1 dated , Received , Addendum No. 2 dated , Received , Addendum No. 3 dated , Received , Addendum No. 4 dated , Received , Addendum No. 5 dated , Received , Base Proposal: Bidder agrees to perform all the improvements and related items described in the specifications and shown on the drawings for the sum of the following unit prices and lump sum prices:

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Bidder agrees that if the contract is awarded to him, he will secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment of all lawful claims for labor performed and materials furnished in the fulfillment of the contract.

Bidder represents and warrants that all statements and information prepared and submitted in this document are current, complete, true, and accurate. Submitting a Bid with a false statement or material misrepresentations made during the performance of a contract is a material breach of contract and may void the submitted Bid and any resulting contract.

Bidder certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final and agrees that in the event of discrepancy between words and figures for any price, the words shall control.

The Bidder represents to the Owner as follows:

(1) That he has personally examined and verified the bid, together with all figures, work papers, and other data that were used in preparing this bid, and that he finds them in all things correct and that the bid is full, complete, and correct in every respect;

(2) That if the Owner accepts his bid and awards the contract to him, that he, or the person or corporation for whom he is acting will execute a contract and will perform the work in accordance with the contract documents upon which the bid is based.

(3) That he will comply with and will cause all subcontractors to comply with the requirement of

Chapter 2258, Subchapter B, of the Local Government Code to compensate workers at not less than the federally determined prevailing wage rates.

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Item Quantity Unit Description Unit Price Total Price

BASE BID ITEMS

1. 1 LS Mobilization/Demobilization cost, including payment bond, performance bond, insurance, and moving equipment to project, all in strict accordance with plans and specifications; NOT TO EXCEED 3% OF TOTAL PROJECT BID for, DOLLARS

CENTS

Lump Sum

2. 22,000 EA Locate, cut, and remove each stump including equipment, materials and labor all in strict accordance with plans and specifications for, ADDITIVE ITEMS

3.

2,000 EA Locate, cut, and remove each stump including equipment, materials and labor all in strict accordance with plans and specifications for, Unit Price

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Total Base Bid:

(To be calculated by Owner and/or Engineer. Bidder to complete Bid Opening Sheet)

(Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words will govern.)

The above unit prices shall include all labor, materials, tools, equipment, supervision, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for.

Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informality in the bidding.

The bidder agrees that his bid shall be good and may not be withdrawn for a period of 90 calendar days after the scheduled closing time for receiving bids.

Upon receipt of Owner's written acceptance of this bid, Bidder will execute the formal contract within 15 days and deliver Bonds and Insurance as required under the General Conditions.

Seal & Authorization

(If Corporation) By:

Title:

Mailing Address:

Street Address:

City, State, Zip:

County:

Phone:

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Bidder shall supply the following information for each principal in the firm:

Name:

City, State, Zip Code:

Social Security Number:

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BID BOND

KNOW ALL PERSONS BY THESE PRESENTS,

That we, as Principal, and as Surety, are held firmly bound unto the Sabine River Authority of Texas, hereinafter called

OWNER, 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 a Bid for the work described as follows:

Toledo Bend

NOW, THEREFORE, if 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 thirty (30) 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 Owner 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 Owner the difference between the amount specified in said Bid and the amount for which the Owner may procure the required work or supplies or both, if the latter be in excess of the former, then the above obligation shall be null and void, otherwise to remain in full force and effect.

IN WITNESS THEREOF, the above-bounded parities have executed this instrument under their several seals this day of , 20 , the name and corporate seal of each corporate party being hereto affixed and these Presents duly signed by its undersigned representative, pursuant to authority of its governing body.

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(Principal)

(Business Address)

Witness: By Affix Corporate

Seal

Title

(Corporate Surety)

(Address)

Witness: By Affix Corporate

Seal

Title

(Power-of-attorney for person signing for Surety Company must be attached to bond.)

CERTIFICATE AS TO CORPORATE PRINCIPAL

I, , certify that I am the Secretary of the corporation named as Principal in the within bond; that , who signed the said bond on behalf of the Principal was then of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of this governing body.

Affix Corporate Seal

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BID OPENING

In the space provided below, enter your total Base Bid amount for this project. Only this figure will be read publicly at the public bid opening.

It is understood and agreed by the bidder in signing the proposal that the total bid amount entered below is not binding on either the bidder or the Owner. It is further agreed that the official total bid amount for this proposal will be determined by multiplying the unit prices for each unit price pay item by the respective estimated quantities shown in this proposal, and then totaling all of the extended amounts plus the amounts bid for all lump sum items.

Project: Toledo Bend Division

Owner: Sabine River Authority of Texas

Orange County, Texas

Total Base Bid Amount (Item 1-2)

Name of Bidder

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VENDOR COMPLIANCE TO STATE LAW

Chapter 2252.002, of the Texas Government Code applies to the award of government contract to non-resident bidders. This law provides that:

“A government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is less than the greater of the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident’s principal place of business is located

“Nonresident Bidder” refers to a person who is not a resident of Texas

“Resident Bidder” refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state.

Check the statement that is correct for Bidder.

[_] Non-resident bidders in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached.

[_] Non-resident bidders in (give state), our principal place of business, are not required to underbid resident bidders.

[_] Our principal place of business or corporate offices is in the State of Texas.

BIDDER:

Signature:

Title:

Address:

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BONDING COMPANY INFORMATION

The following person, firm, or corporation has agreed to execute the required payment and performance bonds in the event this contract is awarded to the bidder:

Name of Surety:

City, State, Zip:

Telephone Number:

Is surety authorized to operate in Texas?

Is surety aware of size of project?

Does surety have adequate authorization and resources to cover bonds for the amount of this contract?

Rating from Best's Key Rating Guide

Project: Toledo Bend Division

Name of Bidder

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NON-COLLUSION AFFIDAVIT

FOR PRIME CONTRACTOR

State of )

) ss.

County of )

, being first duly sworn, deposes and says that:

(1) He is of

, the Bidder that has submitted the referenced Bid;

(2) He is fully informed respecting the preparation and contents of the referenced Bid submitted to (Owner) in connection with (name of contract), and of pertinent circumstances respecting such

Bid;

(3) Such Bid is genuine and is not a collusive or sham Bid;

(4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Bidder, firm, or person to submit a collusive or sham Bid in connection with such Contract, or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm, or person to fix the price or prices in the referenced Bid or in the Bid of any other bidder, or to fix an overhead, profit, or cost element of the Bid price or the Bid price of any other Bidder, or to secure through collusion, conspiracy, connivance, or unlawful agreement any advantage against the (Owner) or any person interested in the proposed Contract; and

(5) The price or prices quoted in the referenced Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affidavit.

(Signed) .

Title .

Subscribed and sworn to before me by the said on this day of , 20 .

By: .

Notary Public

County, [Notary Seal]

My commission expires , 20 .

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NON-COLLUSION AFFIDAVIT

FOR PROPOSED SUBCONTRACTOR

State of )

) ss.

County of )

, being first duly sworn, deposes and says that:

(1) He is of , hereinafter referred to as the "Subcontractor";

(2) He is fully informed respecting the preparation and contents of the subcontractor's Proposal submitted by the subcontractor to , the

Contractor for certain work in connection with (name of contract), for (Owner);

(3) Such subcontractor's Proposal is genuine and is not a collusive or sham proposal;

(4) Neither the subcontractor nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Bidder, firm, or person to submit a collusive or sham Proposal in connection with such Contract, or to refrain from submitting a

Proposal in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm, or person to fix the price or prices in said subcontractor's Proposal or any other subcontractor's proposal, or to secure through collusion, conspiracy, connivance, or unlawful agreement any advantage against the (Owner) or any person interested in the proposed Contract; and

(5) The price or prices quoted in the subcontractor's Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affidavit.

(Signed) .

Title .

Subscribed and sworn to before me by the said on this day of , 20 .

Notary Public

County, [Notary Seal]

My commission expires , 20 .

later.

Form W-9(Rev. 10-2018) Page2

By signing the filled-out form, you:

1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued),

2. Certify that you are not subject to backup withholding, or

3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and

4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting, later, for further information.

Note: If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9.

Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are:

• An individual who is a U.S. citizen or U.S. resident alien;

• A partnership , corporation , company, or association created or organized in the United States or under the laws of the United States;

• An estate (other than a foreign estate); or

• A domestic trust (as defined in Regulations section 301.7701-7).

Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S.

person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your

U.S. status and avoid section 1446 withholding on your share of partnership income.

In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States.

• In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity;

• In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and

• In the case of a U.S. trust (other than a grantor trust), the U.S. trust

(other than a grantor trust) and not the beneficiaries of the trust.

Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use

Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see

Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign

Entities).

Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes.

If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items.

1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien.

2. The treaty article addressing the income.

3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions.

4. The type and amount of income that qualifies for the exemption from tax.

5. Sufficient facts to justify the exemption from tax under the terms of the treaty article.

Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form

W-9 a statement that includes the information described above to support that exemption.

If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233.

Backup Withholding What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 24% of such payments. This is called "backup withholding." Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions , rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators.